[lg policy] Sri Lanka: Steady implementation of LLRC recommendations - Part II: Massive development in the North

Wed Feb 29 14:41:23 UTC 2012

Steady implementation of LLRC recommendations - Part II: Massive
development in the North

Statement by Mahinda Samarasinghe, MP, Minister of Plantation
Industries and Special Envoy of the President on Human Rights, leader
of the Sri Lanka delegation to the 19th Session of the United Nations
Human Rights Council High Level Segment on February 27 in Geneva

The civil service in the North and the East is largely representative
of the Tamil and Muslim communities. Chief Secretary/Northern Province
and three out of the five 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.
Internally Displaced Persons

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.
LTTE ex-combatants

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 percent 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.
Foreign investors

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, seven 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 percent economic growth has been
recorded in the Northern Province, while Sri Lanka's overall GDP
recorded around 8 percent 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) harbour - 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.
Parliamentary Select Committee

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 third and fourth 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 second 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.
International community

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 eight 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.
OHCHR budget

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.
External challenges

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 organization 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.
Domestic process

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.
Separatist terrorism

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 percent
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.

http://www.dailynews.lk/2012/02/29/fea01.asp

-- 
**************************************
N.b.: Listing on the lgpolicy-list is merely intended as a service to
its members
and implies neither approval, confirmation nor agreement by the owner
or sponsor of the list as to the veracity of a message's contents.
Members who disagree with a message are encouraged to post a rebuttal,
and to write directly to the original sender of any offensive message.
 A copy of this may be forwarded to this list as well.  (H. Schiffman,
Moderator)

For more information about the lgpolicy-list, go to
https://groups.sas.upenn.edu/mailman/
listinfo/lgpolicy-list
*******************************************

_______________________________________________
This message came to you by way of the lgpolicy-list mailing list
lgpolicy-list at groups.sas.upenn.edu
To manage your subscription unsubscribe, or arrange digest format: https://groups.sas.upenn.edu/mailman/listinfo/lgpolicy-list