The Government of Sri Lanka has issued the following response, stating
its position with reference to a letter that has been circulated by a
group of NGOs titled "NGOs for an Effective Human Rights Council",
urging States to refrain from voting for Sri Lanka in the forthcoming
Human Rights Council election to be held at the UN General Assembly in
New York on 21st May 2008:
Sri Lanka was elected as a member of the Human Rights Council in 2006
for a period of two years, and Sri Lanka seeks re-election for a
second term.
The letter referred to above, states that the Government of Sri Lanka
has used its membership of the Council to protect itself from
scrutiny. The Government finds this proposition not only outlandish,
but contradictory. Council members are, by virtue of membership,
required by GA resolution 60/251 to "uphold the highest standards in
the promotion and protection of human rights" and to "fully cooperate"
with the Council. The Government of Sri Lanka has taken its membership
of the Council very seriously and in fact, Sri Lanka has been at the
forefront of discussions to establish the Council. As a member who has
also been the Chair of the Asian Group of the Council in 2007, and now
represents the Asian Group as one of the four vice-presidents, Sri
Lanka has fully cooperated with the Council and has consistently
maintained a policy of open and constructive engagement with the
international human rights system. Sri Lanka has opened itself to
international scrutiny in the belief that this will strengthen
national efforts to protect and promote human rights. Moreover, the
Government has voluntarily agreed to international scrutiny of the
human rights situation in Sri Lanka through the Universal Periodic
Review process, which, for Sri Lanka, will take place on 13 May 2008.
The Government of Sri Lanka has entered into the Universal Review
Process in good faith, as it is a transparent constructive process
based on genuine dialogue. The Government is of the view that the
Review will allow Sri Lanka to turn the spotlight inwards, to examine
its human rights situation - challenges as well as human rights gains
- and inform Council members of the complexities in which the
Government operates. In Sri Lanka's case, the country is dealing with
the forces of terrorism, secessionism and hatred. This conflict has
dominated Sri Lanka's political and social landscape for nearly 25
years and has taken its toll on its people. Direct fallouts of the
conflict include death and destruction of personal and collective
property, internal displacement of persons and refugees, impeded
economic development and strain on limited economic resources, psycho-
social trauma, the need for rehabilitation and reintegration of ex-
combatants including child soldiers, and a climate of insecurity and
fear due to threats posed by terrorist activity such as the targeting
of civilians, including the deliberate killing of members of the
Government of Sri Lanka and other perceived political opponents and
moderate Tamils. While dealing with the scourge of terrorism, the
Government of Sri Lanka has had to ensure that security concerns do
not lead to a trade-off in human rights. The Government admits that
there are shortfalls, but is keen to address, not ignore them.
The Government has identified a number of national priorities aimed at
ensuring constitutionally enshrined human rights guarantees, and
giving greater domestic effect to Sri Lanka's international human
rights obligations. The Government hopes that through the Universal
Period Review process, and as a member of the Human Rights Council,
Sri Lanka will be further assisted by the international community
through constructive dialogue, leading to solid recommendations based
on ground realities, and the provision of much needed technical and
capacity-building support in order to realise these recommendations.
The Government's ultimate aim is to implement a National Action Plan
on Human Rights which will be a country-wide initiative spearheaded
and to be coordinated by the Ministry of Disaster Management and Human
Rights. It will include a national mapping exercise on human rights,
which will identify challenges constraints and gaps in human rights
protection and promotion. The Action Plan will also focus on
implementing recommendations of the UN Special Procedures, pledges
made for election to Human Rights Council, as well as recommendations
that emanate from the Universal Periodic Review process.
Sri Lanka's National Report for the Universal Periodic Review is
available on the Office of the High Commissioner for Human Rights'
website. It was prepared in accordance with the General Guidelines for
the Preparation of Information under the Universal Periodic Review and
was based on broad based consultations and discussions with a wide-
range of stakeholders, including representatives of civil society. The
Government, from the onset, viewed the National Report, and the
process around its drafting, as an opportunity to make an objective
assessment of the human rights situation in Sri Lanka; reference is
made not only to areas where the Government has made progress in
protecting and promoting human rights but genuine attempts have been
made to identify shortcomings and human rights challenges.
In responding to some of the charges levelled in the letter titled
"NGOs for an Effective Human Rights Council", the Government of Sri
Lanka would like to draw your attention to the fact that this letter
is based on information purported to come from human rights
organisations operating in Sri Lanka. Over a thousand organisations
are registered in Sri Lanka. Therefore, it is clear that the views
expressed in this letter stem from a group of NGOs that are
politically affiliated and have an anti-government agenda that they
are pursing with vigour in the international arena. Sri Lanka is a
democracy: people are free to express a whole range of political
viewpoints and the Government encourages this plurality of views -
indeed Sri Lanka's history is based on people challenging the status
quo ante. What the Government requests from members of the
international community is that in order to make an objective
assessment of the human rights situation in Sri Lanka, States need to
take on board a number of viewpoints and not rely on sources clearly
adamant in pursing a partisan political agenda.
The letter states that the Government of Sri Lanka has failed to
ensure investigations of those allegedly responsible for serious
abuses of human rights. The Government is committed to bringing to
justice all perpetrators of human rights violations and views alleged
acts of torture, extra judicial killings and enforced disappearances
with the utmost concern. Where such allegations are levelled at the
armed services or the police, impartial investigations have been
initiated and all necessary punitive measures taken within the bounds
of the law. During the past decade, the Attorney- General has
instituted criminal proceedings against 623 members of the security
forces and the police with regard to their alleged involvement over a
period of two decades, in the abduction of persons, their unlawful
detention and the extra-judicial elimination of persons in custody.
The Government's efforts have, however, been impeded by a number of
factors, for example when alleged perpetrators victims and/or
witnesses have fled to or live in uncleared areas. Having found that
victims or witnesses are afraid to come forward and give evidence that
would facilitate inquiries, because of the fear of reprisal and
threats to personal safety and the safety of their families, the
Government has drafted legislation for the protection of victims of
and witnesses to crime. The Supreme Court has already forwarded its
determination on the bill to Parliament and it is expected that the
legislature will be able to take up the bill in early June. The
Government hopes and believes that the passage of this bill will
enhance public confidence in the law enforcement process and lead to
greater participation by the general public in investigations and
prosecutions, particularly in prosecutions of human rights violations
including cases of torture, killings, abductions and disappearances
which remain unresolved due to lack of evidence.
Another initiative the Government has undertaken, is the establishment
of a Presidential Commission of Inquiry to Investigate and Inquire
into Alleged Human Rights Violations. Currently, the Commission is
investigating 16 cases and is holding public inquiries in to two high
profile cases - the death of five youths in Trincomalee, and the death
of 17 humanitarian workers of French NGO Action Contre La Faim, a
deplorable act which the Government has condemned in the strongest
possible terms. The Government is confident that the Commission of
Inquiry's investigations will result in credible evidence that can
then lead to further investigation and prosecutions by the appropriate
authorities.
The aforementioned letter also refers to violations such as the
alleged forcible return of internally displaced persons, unwarranted
restriction on media freedom, widespread torture and complicity in the
recruitment of child soldiers. In response to some of the charges
levelled, the Government of Sri Lanka assures that these allegations
are unfounded. For example, recently the Government, as part of its
zero-tolerance policy on the recruitment of children for use in armed
conflict, facilitated the release of 39 children involved in armed
conflict in the east of Sri Lanka by paramilitary groups. UNICEF
expressed their appreciation for the instrumental role played by the
Government in securing the release of the children. The Government is
committed to rehabilitating all children who have been illegally
recruited for use in armed conflict.
The charge of forcible return of IDPs is similarly baseless; during
the returns programme in the east last year, the UNHCR publicly stated
that "our staff monitoring the situation on the ground say the
majority of people are eager to return home, the returns are voluntary
and in line with international protection standards".
The Government is committed to protecting the internally displaced
during all phases of displacement, including return, and has worked on
facilitating humanitarian access to all conflict-affected communities
and has set up a high-level policy and decision making forum to
address any problems or issues that may arise.
The Government will not go into further detail on the charges levelled
at it in the above-mentioned letter as the appropriate forum to
objectively assess Sri Lanka's human rights situation is the Human
Rights Council, particularly during Sri Lanka's review under the
Universal Periodic Review process. During Sri Lanka's review the
Government will answer questions raised by Council Members and
together seek to find solutions to agreed human rights challenges.
The letter also accuses the Government of refusing to cooperate with
the Human Rights Council and UN human rights mechanisms. As
highlighted above, this could not be further from the truth. Moreover,
the Government is committed to an open and constructive dialogue with
the office of the UN High Commissioner for Human Rights and other
agencies of the UN system in an effort to strengthen national
capacities. Sri Lanka has invited a number of UN officials and Special
Procedures/Mandate holders to visit Sri Lanka. In 2007 alone the
Government welcomed and facilitated the visits of High Commissioner
for Human Rights Louise Arbour, Under Secretary-General for
Humanitarian Affairs Sir John Holmes, the Special Representative of
the Secretary-General on the Human Rights of Internally Displaced
Persons Walter K=E4lin and the Special Rapporteur on Torture Manfred
Nowak. The Government will continue this policy of open and
constructive engagement - having endeavoured to acknowledge any human
rights problems/shortcomings and taken steps to assess and implement
recommendations on key issues. This is hardly the action of a
government, which, according to the "NGOs for an Effective Human
Rights Council" letter, has sought to "shield itself from constructive
international scrutiny".
The letter also points to "personal attacks" by officials of the
Government of Sri Lanka that have allegedly been launched against
visiting senior UN officials who have raised human rights concerns.
The Government can assure members of the international community that
any derogatory comments that may have been made in no way whatsoever
reflect the official position of the Government of Sri Lanka. Indeed
when such comments have been made the Government has issued official
statements to the contrary, in an effort to clarify its position and
ensure that it is widely publicised. The comments quoted in the letter
seem to be extracted from sensationalist media reports which clearly
fail to report the whole picture.
In terms of Sri Lanka's election to the Human Rights Council, the
Government made a number of voluntary pledges when Sri Lanka was
initially elected to the Council in 2006. The Government is pleased to
report that Sri Lanka has successfully implemented nearly all these
pledges, notably that Sri Lanka is a State party to the Optional
Protocol to the Convention on the Rights of the child on the sale of
children, child prostitution, and child pornography; that the
Government has established mechanisms tasked with reviewing and
suggesting ways to implement treaty body recommendations; that the
Government has convened a committee to draft a new constitutional bill
of rights which will, once adopted, strengthen Sri Lanka's human
rights protection framework by protecting rights that the current
chapter on Fundamental Rights in the Constitution does not cover -
economic, social and cultural rights, group rights and environmental
rights. The Government is in the final stages of preparing a number of
reports as required under treaty obligations. Moreover, Sri Lanka has
been fully involved in the institutional building phase of the Human
Rights Council.
The Government believes that when it comes to its re-election to the
Human Rights Council, its record in meeting pledges made for Sri
Lanka's initial candidacy should be taken into consideration.
As a country committed to democracy, Sri Lanka welcomes criticism - it
is only through constructive debate and exchange of ideas that Sri
Lanka can strive for constant progress and development. What the
Government objects to however, are human rights reports/ assessments
that are clearly biased and fail to report on any improvements and
gains made, focusing solely on criticism, which, as highlighted above,
is in most cases unwarranted.
Sri Lanka is committed to a policy of open, transparent and
constructive dialogue with the international human rights system. Sri
Lanka's membership of the Human Rights Council will serve to
facilitate this policy; it is in this spirit that the Government seeks
re-election for a second term. The Government of Sri Lanka hopes for
the support of all States and nomination during the forthcoming
election for membership of the Council.
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