[lg policy] Minister Mahinda Samarasinghe tells United Nations Human Rights Council that Sri Lanka has the ability to solve its internal matters
Harold Schiffman
hfsclpp at GMAIL.COM
Tue Feb 28 15:54:36 UTC 2012
Minister Mahinda Samarasinghe tells United Nations Human Rights
Council that Sri Lanka has the ability to solve its internal matters
(Full
Tuesday, 28 February 2012 06:39
Minister Mahinda Samarasinghe says Sri Lanka which was adversely
affected from the terrorism for nearly three decades has taken number
of measures in promoting and protecting the human rights of its
people. Addressing the 19th session of the United Nations Human Rights
Council high-level segment which was held at Geneva yesterday the
Minister said however, instant solution cannot be provided for a
problem that prevailed for several decades. But the government has
implemented number of initiatives to uplift the living status of all
Sri Lankans including the north and east. The Lessons Learnt and
Reconciliation Commission was appointed by the president to find a
lasting solution for the national issue. The commission has now
delivered on its mandate and has submitted its report including a
series of recommendations to the president. It contains a detailed and
perceptive analysis of past errors. In parallel the commission has
dealt with and made recommendations on a whole gamut of issues
including aspects of accountability. The resettlement of IDPs,
reintegration of ex-combatants implementation of the language policy,
socio economic and livelihood development as well as the need to
arrive at a national consensus with regard to fulfilling the
legitimate aspirations of all communities are among the issues that
the commission has focused its attention.
Minister Mahinda Samarasinghe said advances have already been made
with regard to many of the recommendations in the report. Some of the
areas in which gains have been made include the resettlement of IDPs,
de-mining, implementation of the language policy and the recruitment
of Tamil speaking police officers.
A pragmatic initial step towards resolving issues related to state
land ownership has also been adopted by the government is a modest
form. A land task force was established at provincial and district
levels to deal with land issues. Another initiative aimed at the
construction of over 78 thousand houses in the north was also
implemented with donor assistance. In relation to livelihood support,
a self employment loan scheme has been put in place in the north and
east and to date thousands of beneficiaries have been apportioned 318
million dollars.
With regard to the lands under the former high security zones the
Lessons Learnt Commission has acknowledged the area cover has
significantly diminished in terms of both land area and restriction of
movement. Speaking further the minister said the commission offers
detail observations and recommendations on international humanitarian
law issues relating to the final phases of the conflict. He points out
its final report endorses the position that the protection of civilian
life was a key factor in the formulation of policy for carrying out
military operations.
Minister Mahinda Samarasinghe also told the United Nations Human
Rights Council that enumeration to ascertain the number of persons in
the Northern Province and to scientifically identify the number of
persons who lost their lives in the conflict is now complete and a
detailed analysis will be made known in the future. Due to the
unlawful presence of the LTTE, nor proper census could be carried out
since 1981.
Sri Lanka has the ability to find a home grown solution for its
internal matters. The recommendations made by the Lessons Learnt and
Reconciliation Commission as well as the parliamentary select
committee appointed in this regard will be used for this purpose. All
political parties have been invited to take part in the parliamentary
select committee. Discussions are also underway to reach agreements
with Tamil and Muslim political parties. The minister pointed out
therefore, the international community should help to create an
environment where all Sri Lankans can stand united. As mentioned in
the Lessons Learnt Commission’s final report actions will be taken
against if any person has violated international humanitarian laws.
The final report of the LLRC has been tabled in the parliament.
Therefore, it has been made a public document. The minister also said
since the recommendations of the commission have already been
implemented by the government there is no need for presenting a
resolution calling for the implementation of its recommendations.
The number of persons in detention for suspected involvement in
terrorist activity has been reduced to 225 out of a total of 4,000.
The former child combatants of the LTTE have been rehabilitated with
the assistance of UNICEF and have been handed over to their relatives.
Majority of them are now undergoing their studies.
With the conclusion of war economic development growth in Northern
Province alone has surpassed 22 percent. Furthermore, gross domestic
production of Sri Lanka reached 8 percent last year. Several
industrial zones have also been established in Northern Province.
Minister Mahinda Samarasinghe says entire Sri Lankan community is now
working towards building a new Sri Lanka. Therefore, he pointed out
Sri Lankans need support of all parties to create a better tomorrow
for the country.
Here is the full text of the statement made by Minister Mahinda
Samarasinghe at the UNHCR :
I am honoured and privileged to be able to once again share with this
august body, Sri Lanka’s experience in promoting and protecting the
human rights of its people, in accordance with universally accepted
standards.
In the 2 years and 9 months since the end of the armed conflict
against terrorism and the onset of peace, Sri Lanka has made
significant progress towards recovery and achieving reconciliation, by
incrementally overcoming many challenges posed to the nation and its
people by almost 30 years of conflict. The rollback and eventual
abolition of emergency regulations in August 2011, in tandem with the
gradual improvement in the country’s law and order situation in the
post-conflict phase, has led to further consolidation of peace. It
has also demonstrated to the world Sri Lanka’s genuine aspiration in
its approach to achieving a peace that is stable and sustainable.
Terrorism that ravaged our nation for nearly three decades adversely
affected not only our people, their livelihoods, property and
infrastructure; it also damaged the social fabric of our nation. The
reconciliation process set in motion by the Sri Lanka Government has
therefore necessarily taken into account a range of factors including
economic development, rehabilitation and resettlement and livelihood
development in addition to addressing the need to provide a sense of
finality among those who suffered trauma and the loss of loved ones.
In my statement to the Council last September, I urged that the
Lessons Learnt and Reconciliation Commission, must be given the time
and space to complete its mandate. We continued to brief the
international community in Geneva of the interim recommendations made
by the LLRC and the measures taken by the Inter-Agency Advisory
Committee on their implementation. As you know, the Commission has
now delivered on its mandate and submitted its report, including a
series of recommendations, to the President of Sri Lanka. The Report
was submitted to Parliament by my ministerial colleague and Leader of
the House Hon. Nimal Siripala de Silva, who is here with me in Geneva
today, on 16 December 2011, together with the Government’s position on
the recommendations contained in the Report. Concurrently, the Report
was made public.
In our view, the Report contains a detailed and perceptive analysis of
past errors, including those that led to the failure of the peace
process, and several recommendations for the future. The Report is
comprehensive and contains detailed annexes, compiled following
interviews with over 1,000 persons who gave evidence before the
Commission, and over 5,000 submissions received. The proceedings were
largely open and persons testified freely and openly before the
Commission in public hearings unless exceptional circumstances
required in camera proceedings. This was quite different to the
Secretary-General’s Advisory Panel which held closed door hearings
with unnamed witnesses who were guaranteed 20 years anonymity to
secure their statements. This meant that the testimony could not be
verified or tested for its probative value. The LLRC Report, on the
other hand, places before us material of the basis on which the
Commissioners arrived at their conclusions, which are substantive and
verifiable. The Commission has dealt with and made recommendations on
a whole gamut of issues including aspects of accountability -
something which several of our partners and interlocutors have failed
to acknowledge; the resettlement of IDPs; the rehabilitation and
re-integration of ex-combatants, the detention of suspects; bringing
an end to the possession of unauthorized weapons; the deployment of
security forces; land issues; issues with regard to restitution;
implementation of the language policy; socio-economic and livelihood
development; administrative issues; and on the need to arrive at a
national consensus with regard to fulfilling the legitimate
aspirations of all communities living in Sri Lanka.
I am happy to observe that advances have been made with regard to many
of the recommendations in the Report. The Government will continue to
address these issues in a systematic and thorough manner. Some of the
areas in which gains have been made include the resettlement of IDPs;
demining; rehabilitation of ex-combatants; implementation of the
language policy; the recruitment of Tamil speaking police officers;
the removal of the military from facilitation of civil administration
in the north making available land previously used for security
purposes for resettlement/return; and carrying out a comprehensive
census in the Northern and the Eastern Provinces. There are also other
recommendations in the Report which need to be comprehensively
addressed.
In particular, the Commission’s recommendations about the formulation
of a land use plan for each district in the Northern and Eastern
Provinces and, as a longer term initiative, the establishment of a
National Land Commission for the country as a whole, require further
study and careful planning. A pragmatic initial step towards
resolving issues related to state land ownership has already been
adopted by the Government though in a more modest form. The initiative
aimed at the construction of over 78,000 houses in the North,
including those built under the North East Housing Reconstruction
Programme (NEHRP) constructed with donor assistance. A Land Task Force
was established at provincial and district levels to deal with land
issues and to seek expeditious solutions, and is further evidence of
our efforts. I may also add that the Government is firmly resolved to
ensure that all those who have been dispossessed of their lands, are
afforded the opportunity to return to the lands they once owned.
In relation to livelihood support, a self employment loan scheme has
been put in place in the North and East and to date thousands of
beneficiaries have been apportioned USD 318 million. Moreover,
beneficiaries were provided with Enterprise Development Services (EDS)
including the establishment of organizations for the self-employed.
With regard to the lands under the former High Security Zones of
Palaly and Trincomalee-Sampur, the Commission has acknowledged that
the area covered has significantly diminished in terms of both land
area and restriction of movement. With regard to the re-demarcation
and reduction of the former High Security Zones to aid resettlement,
the process was initiated prior to the Commission’s Report, which
therefore recognized that the area had diminished significantly. By
the end of the conflict in 2009, the High Security Zones (HSZ) covered
4,098.36 Ha and, at present, has been reduced to 2,582.45. The
Government will closely monitor and expedite making lands, previously
used for security purposes, for resettlement/return.
You may have noted that the Commission offers detailed observations
and recommendations on International Humanitarian Law issues relating
to the final phases of the conflict. The Report endorses the position
that the protection of civilian life was a key factor in the
formulation of policy for carrying out military operations, and that
the deliberate targeting of civilians formed no part of it. This was
and remains the position of the Government. I wish to inform this
Council that an enumeration to ascertain the number of persons in the
Northern Province and to scientifically identify the number of persons
who lost their lives in the conflict, is now complete and a detailed
analysis will be made known in the near future. Due to the unlawful
presence of the LTTE, no proper census could be carried out since
1981. Among the people not accounted for and classified as deceased,
we count people killed as a result of the conflict, including those
who carried arms for the LTTE, civilians killed by the LTTE as they
tried to flee from the hostage situation, persons caught in the
crossfire and people who migrated out of the Northern Province, either
to the South and who left by sea to India or other countries seeking
asylum. We need the assistance of receiving countries to ascertain how
many persons they have admitted. As a further step, the Government has
decided to put in place a structure to further analyse and verify the
data gathered in order to arrive at definite conclusions as to
civilian mortalities and casualties. One thing is certain: the story
of “tens of thousands” of civilian deaths that supposedly occurred
during the final phase of the humanitarian operation, is very clearly
proved to be a gross exaggeration and a deliberate misrepresentation
of fact.
The material placed before the Commission points to several specific
episodes which, in its view, warrant further investigation. The
Government is committed to a mechanism for gathering and assessing
factual evidence relating to the episodes indicated, buttressed by a
strong investigative arm. The findings thus arrived at will form the
basis of a decision on whether criminal proceedings can be instituted.
The material yielded by this investigation will be placed before the
Attorney-General for a decision in respect of instituting criminal
proceedings, where warranted. The Attorney General is currently
seized of and is studying the recommendations in the report with
regard to allegations of violations of International Humanitarian Law.
Military Courts of Inquiry in keeping with international practice have
commenced investigations into specific incidents identified by the
LLRC.
The mandate of the Court of Inquiry is to investigate, inter alia,
civilian casualties and the Channel 4 video footages; including
whether any deliberate and intentional attacks were made by the Army
on civilians, with a view to causing them harm or damage, or on any
hospitals or no-fire zones. If so, the persons responsible for any
such activity and to make recommendations with regard to the measures
that should be taken with regard to such persons.
Madam President, in respect of the controversial Channel 4 footage,
the Court of Inquiry has been specifically mandated to ascertain
whether any member of the armed forces was involved in the events
depicted, authentic or otherwise and to recommend the measures to be
taken. A similar Court of Inquiry has been convened by the Sri Lanka
Navy to inquire into relevant allegations.
As you can observe, Madam President, Sri Lanka has taken clear and
definite steps towards implementation of the recommendations of the
domestic process, barely two months after the report was made public.
We have evolved a mechanism to look into accountability issues raised
in the LLRC report, both in the form of civil and military structures.
This is coupled with a time bound plan in the form of the National
Human Rights Action Plan catering to a number of other recommendations
to move Sri Lanka towards comprehensive reconciliation.
As we have done in the past, we will keep the Council informed of
progress when we participate in the sessions in June, September and in
the course of the UPR in October. We have already extended an
invitation to the High Commissioner for Human Rights to visit Sri
Lanka. I might add that there is already a senior advisor of the High
Commissioner’s office working in Sri Lanka from as far back as 2005.
Madam President, in the light of this commitment by Sri Lanka, there
is no justification or urgency whatsoever in floating a resolution
calling for the implementation of the LLRC’s recommendations and
engagement with the High Commissioner, when this has already been
effectively undertaken by the Government. What we now need from the
international community is objectivity in assessing Sri Lanka’s
efforts. More than anything we need ensure that the process is allowed
to advance unimpeded. We do not need unwarranted incursions that will
compromise successful implementation. Such interference by way of
redundant resolutions before this Council, would only undermine the
sentiments of this Council as expressed in the decisive adoption of
the Special Session resolution on Sri Lanka in 2009.
The number of persons in detention for suspected involvement in
terrorist activity has been reduced to 225 out of a total of over
4,000. As many detainees as possible have been released or forwarded
for rehabilitation and eventual release. The initiative to draw down
the numbers commenced with the interim recommendations of the LLRC. We
are still investigating several cases and these persons will be tried
before ordinary courts of law in the shortest possible space of time.
The Police have adopted stringent guidelines with regard to the
treatment of persons taken into custody. This will have a salutary
effect on the allegations of torture and mistreatment. These are also
direct follow up activities relating to the recommendations of the
Commission.
You will be pleased to observe the establishment of normalcy and the
re-democratization of the Northern and the Eastern provinces,
including the holding of Provincial Elections in the East, local
government elections, as well as restoration of civil administration
including the network of 33 divisional secretaries and 912 village
level officials in the North. In keeping with the recommendations of
the LLRC, the military has been withdrawn from aspects of civilian
life, and are now confined to security-related matters. As a result,
development-related work which, during the conflict situation and
immediately thereafter, came under the purview of the Presidential
Task Force for Resettlement, Development and Security of the Northern
Province, is now carried out under the supervision of the relevant
line Ministries, in coordination and consultation with the provincial
and local government representation. Development activities in the 05
districts of the North, are channeled through the relevant line
Ministries and institutions at the central government level; the
provincial administration and the District Secretaries at the district
level and Divisional Secretaries at divisional level. The District
Secretary or Government Agent functions as the Coordinating and
Executing Officer of the district. The civil service in the North and
the East is largely representative of the Tamil and Muslim
communities. Chief Secretary/Northern Province and 03 out of the 05
District Secretaries/Government Agents in the North, i.e., in Jaffna,
Vavuniya and Kilinochi, are Tamil women civil servants, while the
other two are Tamil males. The Chief Secretary of the Eastern
Province is also from the Tamil community. It may be noted that the
present District Secretary/Government Agent of Jaffna District served
in the same capacity in the Mullaitivu District when it was under the
LTTE’s control.
Allied with this is the sometimes contentious issue of language. Sri
Lanka has an official languages policy in place which gives equal
place to the Sinhala and Tamil languages, mandated by the
Constitution. The right of all persons to function and communicate in
a language of their choice is constitutionally entrenched. The
Trilingual Policy, announced by the Government in January 2012, will
further consolidate the implementation of the Official Languages
policy and make a valuable contribution to building bridges between
the communities and strengthening national unity. This is a key
component of the reconciliation process and language was an important
focus of the LLRC’s recommendations. More than 1,600 Tamil speaking
police officers have been recruited already, and the Tamil language
capability of public servants and the police will be further enhanced
in the future.
It is a matter of great satisfaction to the Government that our rapid
and orderly process of resettlement of Internally Displaced Persons
(IDPs) has been recognized and commended internationally. Out of over
290,000 IDPs housed in welfare centres at the end of May 2009, only
6,647 IDPs remained to be resettled by the end of 2011. The Government
has spent over USD 360 million on its resettlement programme. We will
continue with our commitment to resettling all IDPs, including those
termed ‘old IDPs’ who were displaced prior to April 2008. The United
Nations OCHA Joint Humanitarian and Early Recovery Update for November
and December 2011, records that by the end of December 2011, 421,056
people (belonging to 126,524 families) had returned to the Northern
Province. This figure includes 223,745 people (70,625 families)
displaced after April 2008 and 197,311 persons (55,899 families)
displaced before April 2008. Further efforts to identify and assist
IDPs in situations of protracted displacement to achieve durable
solutions are ongoing.
The de-mining of former conflict-affected areas was carried out at a
pace comparable with the best achievements in the world. The
Government has at present demined 1,412 square kilometres out of the
2,046 square kilometres that were contaminated with landmines. More
than 42,000 Antipersonnel Mines and 227 Antitank Mines, and more than
15,000 items of Unexploded Ordnance have been recovered from these
areas. The Sri Lanka Army is responsible for around 80% of the
successful demining operations and is supported by other agencies. It
may be noted that with the establishment of the National Mine Action
Centre under the Ministry of Economic Development in 2010, all
coordination related to mine action and mine risk education come under
the purview of civil administration.
With regard to rehabilitation of LTTE ex-combatants, out of nearly
12,000, less than 900 remain in rehabilitation centres. Psycho-social
care has been provided to all, including counselling and drama, dance
and music therapy. Spiritual and religious programmes have also been
conducted. Adult cadres have been provided with extensive vocational
training making them employable and potentially useful members of
their communities. Those ex-combatants still to complete the process
of rehabilitation remain in the Protective Accommodation and
Rehabilitation Centres (PARC) established by law.
The 595 LTTE child soldiers who were in Government custody have been
rehabilitated under a UNICEF-assisted programme without setting in
motion any criminal procedure, and returned to their families within
one year. Several have successfully passed their Advanced Level
examination last year, some having even gained entry to undergraduate
programmes.
In accordance with established practice of post-conflict
decommissioning, the government has institutionalized a process with
legislative oversight, to continuously record specific details on the
number of weapons recovered, in order to bring about an end to the
possession of unauthorized weapons. This will have important
implications for human security in general and positively impact on
the law and order situation as well.
Economic development continues to play a pivotal role in the
reconciliation process and the return to normalcy. Massive
infrastructure and development programmes are underway in the former
conflict-affected areas of the Northern and Eastern Provinces. The
Government has embarked upon 27 donor assisted projects of which 23
are implemented in the North and the East to develop infrastructure
including housing, roads, bridges, schools, hospitals, and irrigation
schemes, valued at approximately USD 201 million for the year 2011
alone. Of the above projects, 7 are categorized as large projects,
each valued at above USD 50 Million per project. The total allocation
for infrastructure development in the Jaffna District in the Northern
Province is USD 300 million, while USD 250 million and USD 150 million
have been invested in development projects in the Killinochchi and
Batticaloa Districts, respectively.
Since the end of the conflict, a 22% economic growth has been recorded
in the Northern Province, while Sri Lanka’s overall GDP recorded
around 8% growth in 2011. In terms of investment promotion, the
Atchchuveli Industrial Zone, which is being developed in a 25 acre
land area is expected to attract approximately 40 local and foreign
investors and to generate employment to over 6,000 persons. A further
67 acres is scheduled to be added in the second stage. The Palaly
airport - which is to be upgraded, and the Kankesanthurai (KKS) harbor
- are located less than 10 kilometres from the Industrial Zone, thus
providing additional logistical advantages to investors. The Zone will
enable small and medium enterprises to better tap into the
post-conflict opportunities in the country. The reconstruction of
the Northern railway line which was totally destroyed by the LTTE, is
currently under way. Both initiatives are supported by assistance
from the Government of India. The rail link from Omanthai to Pallai
and on to KKS, will provide connectivity and linkage to markets to the
Northern province. A Vocational Training Institute on par with
international standards and certification that is being set up in
Kilinochchi under the purview of the Ministry of Youth Affairs and
Skills Development with assistance from Germany, will enhance the
skill levels and the employment opportunities of the youth in the
Northern province. We acknowledge with appreciation the assistance
that has been received from several other countries.
The peace we have won at such cost to the nation and its people will
not be a genuine peace until and unless the legitimate aspirations of
all communities are met in a substantive and satisfactory manner. The
consensus formula to the national question thus evolved, needs to be
democratic, pragmatic and home grown, in order to be sustainable. As
a central feature of the Government’s approach to evolving such a
process, a Parliamentary Select Committee (PSC) is contemplated to
achieve multi-party consensus in respect of constitutional changes, to
fulfil the legitimate aspirations of the Sri Lankan people enabling
them to work in unison and with a sense of national identity for a
better tomorrow. Parallel with this multi-party mechanism, the
Government has commenced bilateral discussions with Tamil political
parties as well as Muslim representation. The Government has already
nominated its members to the PSC and is awaiting the nomination of
members representing the opposition, after which its sittings can
commence. We are mindful that all previous attempts at evolving a
constitutional formula have failed due to lack of consensus. We are
optimistic that the Parliamentary Select Committee process would help
achieve such a consensus, given its inclusivity and transparency, and
commitment to democratic ideals.
With regard to Sri Lanka’s international commitments to safeguard and
promote human rights, it may be noted that it has voluntarily engaged
with UN mechanisms including special procedures and treaty bodies. In
this regard, Sri Lanka constructively engaged in the consideration of
the 3rd and 4th Combined Periodic Reports on Sri Lanka to the
Committee Against Torture in December 2011. Sri Lanka will also
engage with the Working Group on Enforced and Involuntary
Disappearances at its 96th Session in Geneva in March 2012. Sri
Lanka’s National Report will be considered in October 2012 during the
2nd cycle of the Universal Periodic Review, which will provide an
opportunity to comprehensively discuss the progress made over a
four-year period, as well as issues related to reconciliation. Our
efforts are directed towards engagement at this next cycle of the UPR.
Any and all questions pertaining to developments after 2008 may be
raised there and will be fully and fairly answered.
We have also continued to engage in Geneva and at other international
fora, and briefed the international community about our progress,
problems and solutions that we have devised. We have hosted several
high profile officials from several countries to visit Sri Lanka to
view the reconstruction work. We continue to engage the international
community by inviting them to witness first-hand the progress being
made on the ground.
Domestically, very specific measures have been adopted by the
Government to safeguard human rights. It may be recalled that during
Sri Lanka’s last engagement with the UPR process in 2008, it pledged
to devise a five-year National Action Plan for the Promotion and
Protection of Human Rights. We have worked hard on delivering on that
pledge through a participatory process involving Government and civil
society. The result is the National Action Plan for the Promotion and
Protection of Human Rights which was approved by the Cabinet of
Ministers in September 2011. We are now at the implementation stage
of the Action Plan, including monitoring and evaluation. The Action
Plan presents a structured framework to monitor the implementation of
existing laws, policies and practices and to enhance a better
understanding and respect of human rights. It addresses 08 areas,
viz, civil and political rights, economic, social, and cultural
rights, children's rights, labour rights, migrant worker rights,
prevention of torture, women’s rights and the rights of IDPs. We have
completed the very first activity identified in the Plan which is the
appointment of a sub-Committee of the Cabinet that will oversee its
implementation. At the operational level, I will Chair a body of
senior officials of institutions that will be charged with
implementation.
Sri Lanka is firmly committed to strengthening the international human
rights system. We are appreciative of the important work being
carried out by the treaty bodies for the promotion and protection of
human rights. We welcome the initiatives undertaken to strengthen the
treaty body system, given the current challenges faced in terms of
resources and the increase in their work load. We are however firmly
of the view that such should be achieved through an intergovernmental
process, which is both transparent and inclusive, and based on a legal
mandate. We are also of the view that greater synergy and
harmonisation between, and not just within treaty bodies, but also
with other human rights mechanisms such as the UPR and special
procedures, is necessary to yield optimum results and to minimise
duplication.
Similarly, Sri Lanka is deeply concerned to observe the continuing
imbalance between the assessed and voluntary contributions to the
OHCHR budget. We are of the view that voluntary contributions should
be subject to the same level of intergovernmental scrutiny and
oversight as the regular budget. We continue to support initiatives
in this regard in the Sixth Committee as well as through constructive
engagement with the OHCHR, with a view to ensuring that the principles
of accountability and transparency are institutionally entrenched in
the work of the Organization.
In light of Sri Lanka’s demonstrated commitment to an internal
reconciliation process, including the implementation of the range of
recommendations of the LLRC by the adoption of a road map for
implementation as I outlined earlier, its continued engagement with
the Member States of the Council and its participation in dialogue
with treaty bodies and through modalities such as the UPR, the
persistent request for engagement within the formal processes of the
Council by some states can only be viewed with misgivings. We are of
the view that this could be perceived as undue interference with
internal processes of recovery and reconciliation containing strong
elements of prejudgment and the application of double standards.
Given our bona fide actions on the domestic and international plane,
this action would not be in keeping with established international
procedure, where domestic processes must be exhausted before resorting
to review before external fora.
We must keep in mind that one of the major external challenges that
Sri Lanka is faced with in the post-conflict context, is that the
remainder of the terrorist organisation identified as the world’s most
ruthless, is proscribed by 32 countries including the US, Canada and
Member States of the EU, are still active in some countries and are
engaged in clandestine activities, including fund raising, money
laundering, drug trafficking and human smuggling. They also wield
considerable electoral and political influence in their host countries
due to the concentration of large numbers in key population centres.
They continue to advocate mono-ethnic separatism in Sri Lanka, while
espousing a separatist ideology of the terrorist group, using the
latter’s resources and being manipulated by its surviving leadership.
They also resort to exploiting the electoral influence of the
expatriate Sri Lankan Tamil community living in these countries. It
is unfortunate that this group of the defeated terrorists, by
attempting to pursue punitive action at the Human Rights Council
through some of their host governments, should actually be resorting
to undermining the genuine reconciliation process underway in Sri
Lanka.
We categorically reject such undue pressure from sections of the
international community which have fallen prey to the propaganda,
coercive tactics and electoral pressures of these elements. We are
conscious of their need to portray a negative picture of Sri Lanka and
unreasoning pessimism in order to justify their continued presence in
these host countries. Instead of accepting our President’s invitation
to become constructive partners in development and building a renewed
Sri Lanka, it is most regrettable that these elements devote their
time, effort and resources in defaming their motherland and
denigrating the genuine efforts of the Government to consolidate
peace, development and prosperity for all Sri Lankans.
We as a Government, therefore, question the value addition of
internationalizing through seeking to deliberate upon an effective
ongoing domestic process in international fora. Such endeavours would
only serve to detract from an expeditious resolution of the issues at
hand. We also wish to emphasise that action initiated in the promotion
and protection of human rights in a member State, must have the
consent of that State and be based on the principles of cooperation
and genuine dialogue. We have good examples today of instances where
this cardinal principle has been violated, and where even the
application of a multiplication of special initiatives has
nevertheless failed to establish peace, and has only contributed to
exacerbating and at times externalising conflict situations.
It should be apparent, therefore, that Sri Lanka is best placed to
successfully conclude a home grown process of reconciliation
acceptable to, and benefitting all of its people. It is most pertinent
to state that any home grown process would take into account the
culture, the values, traditions, customs and history of its people.
Therefore, it is of critical importance that Sri Lanka be provided
with the time and space required to continue with its genuine national
endeavours towards achieving this objective. We therefore urge the
Council to be guided by the principles in the UNGA Resolution 60/251,
and reiterate the importance of ensuring adherence to cardinal
postulates of universality, objectivity and non-selectivity in the
consideration of issues in the promotion and protection of human
rights. It is our sincere hope that all those who wish Sri Lanka
well, would view progress made so far as a catalyst, and continue to
engage with us in a constructive spirit. The people of Sri Lanka
expect and deserve no less.
In conclusion, I must point out that Sri Lanka rooted out and
destroyed domestic manifestations of separatist terrorism largely on
its own with the assistance of a notable few international partners.
Those who did assist – materially and otherwise – know that their
contribution to eradicating this 30 year conflict, is acknowledged
with deep and abiding gratitude. Similarly, our Asian regional
partners among others are contributing to the massive recovery process
in the aftermath of the conflict. They too are acknowledged with
sincere appreciation. However, it is regrettable that some of those
members of the international community that are among the shrillest
and loudest voices in support of various causes in post-conflict Sri
Lanka – who raise a clamour over civilian welfare, women’s rights,
displaced persons, children, minorities and a host of other issues -
are among the least forthcoming in term of real assistance to the
recovery effort. The Government of Sri Lanka, the United Nations and
international and national NGOs entered into a tripartite agreement
that represents a coordinated and cooperative initiative aimed at
recovering from the armed conflict and safeguarding the human rights
of those affected. It is named the Joint Assistance Plan for the
Northern Province which, at the end of 2011, had only received
approximately a meagre 35% of the required funding for that year. One
hopes that these nations, given their ostensibly deep and abiding
interest evinced in protecting human rights in Sri Lanka, would find
it able to assist the civilian population especially in the conflict
affected areas. Delivering homilies about human rights in Sri Lanka at
fora such as these would be much more meaningful if they were
supported by real and substantial cooperation and assistance in
keeping with this Council’s Resolution on Sri Lanka in 2009. Enabling
a member state to overcome the undoubted challenges it faces in
reconciliation and restoration of normality and productive civilian
life - particularly amongst those worst affected by the scourge of
terrorism - would be much more tangible and helpful to all concerned,
rather than the mere repetition of unsubstantiated allegations and
unconscionable finger-pointing directed at Sri Lanka.
As ever, my delegation and I, assure you of our fullest cooperation in
conducting the work of these Sessions.
Thank you.
http://www.slbc.lk/index.php/component/content/article/1-latest-news/10015-minister-mahinda-samarasinghe-tells-united-nations-human-rights-council-that-sri-lanka-has-the-ability-to-solve-its-internal-matters-full-text-also-included
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