Sri Lankan office of Asian Human Rights Commission. Registered organization in Sri Lanka under the Company Registration Act of Sri Lanka (GA2302).
Thursday, October 18, 2018
Counter terrorism law- Confessions no longer admissible at trial: Sampanthan
Counter terrorism law- Confessions no longer admissible at trial: Sampanthan
2018-10-13 14:22:24 9 3092
Opposition Leader R. Sampanthan said confessions would no longer be admissible at the trial of a person charged with an offence under the new Counter Terrorism law and the same position should be applied to those already charged based on confessions.
He said if the new counter terrorism Law accepts that position, then the Government is obviously accepting the position that there can be no conviction, not even a charge based upon the confession.
Mr. Sampanthan said this in Parliament on Thursday.
“If that be so, the persons in custody, even persons who have been convicted, must be dealt with on the basis that they have been convicted on the confession which was the only available evidence, there being no other evidence against them, which the Government accepts now as a matter of policy is inadmissible, is invalid, is something that which Government policy would not permit to accept and is not in keeping with international norms. If that be the position Sir, I would appeal to the Government to take steps for the release of all these persons who are in custody based purely on their confession. Whether they have been convicted or charged and not convicted does not matter, but if the only evidence against them is a confession, then I would submit that they must be released and the Office for Reparations can play a role, in my view, should play a role, in ascertaining the truth in regard to this matter and taking steps with the Government to have these persons released,” he said.
Mr. Sampanthan said the persons handling the Office of Missing Persons, were doing their very best to be as effective as they can and we are grateful for that.
“I would like to make a few comments in regard to this matter because the ascertainment of truth, the delivery of justice, the issue of accountability, reparations and non-recurrence are all fundamental components of the transitional justice process; process to bring about reconciliation on the basis of truth, justice and accountability in the country which has gone through several decades of armed conflict. This Bill is a very welcome feature, Sir, but it must not be used to sideline truth and justice. Truth and justice must always prevail. Even the issue of missing persons or the issue of reparations must be dealt with on the basis of truth and justice. The Office on Reparations should be able to formulate policies based upon truth and to ensure justice to all victims. That is fundamental.
"I find certain provisions in the Bill which will enable the Government to play a role in regard to the implementation of whatever policies are formulated by the Office for Reparations. This must not be a matter that comes under the control of the Government, Sir. The Office for Reparations must have the freedom to act independently in this matter to formulate the required policies and be able to find avenues to offer reparation to persons who have been victimized. Youth have been victimized in a very large manner. What are the reparations that can be given? They must be empowered to acquire skills that will enable them to carry on their life in the future independently and as best as they can. There will be reparation that must be given to youth. People need to be economically empowered. People have been impoverished as a result of the war. There needs to be economic empowerment to the people to enable them to lead their life without deprivation or denial,” he said. (Yohan Perera)
Wednesday, October 17, 2018
Expectations for the Office for Reparations in Sri Lanka
Expectations for the Office for Reparations in Sri Lanka
14 October, 2018
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BY BHAVANI FONSEKA
Opinion
Parliament of Sri Lanka this week, passed into law the ‘Office for Reparations Bill’ (the Bill), the second mechanism promised within the transitional justice agenda. Though the noise on the Bill was somewhat muted unlike the lead up to the enactment of the Office on Missing Persons (OMP) Act, polarised positions were still evident in the statements made by several in Parliament. This should come as no surprise considering the divisive statements made earlier by some in Cabinet when proposals were presented to provide compensation to former cadres. This deep polarisation, narrow notions of victimhood and the politicisation of processes that are meant to promote reconciliation are all deeply troubling in a country that has witnessed decades of cyclical violence affecting all communities.
The Office was promised in 2015 when it was included in the United Nations Human Rights Council Resolution 30/1 which was co-sponsored by the Government of Sri Lanka. In 2017, the Government requested for more time to implement the commitments contained in the Resolution and received a further two year extension. In June this year there was a rush to introduce the Bill with just one consultation session organised in Colombo for select civil society members. The civil society made calls for broader consultations and shared proposals for potential amendments, but these were ignored and the Bill hastily gazetted and tabled in Parliament. In the enthusiasm to rush the Bill, limited attempts were made by the authorities to genuinely engage with victims and affected communities and to raise awareness among the public as to what reparations are, and how a future Office could function. This was confirmed recently when I spent a few days in the North of Sri Lanka where the lack of awareness on the new law was evident.
This lack of awareness was apparent during the Parliament debate where, barring a few, many MPs were not fully aware of what reparations are and how they can be beneficial for their own constituencies. In the absence of information and constructive debate, divisive positions have been emboldened. Some of the statements made by politicians also highlighted the lack of understanding of a Bill that was in the public domain for a few months, now. Either due to this lack of understanding or in an attempt to create mischief, false assertions were made during the debate which could exacerbate tensions and create mistrust among affected communities. It also highlighted the critical need to understand what reparations are and their potential impact in postwar Sri Lanka.
Reparations are one of the four pillars of transitional justice, the others being, truth, justice, and non-recurrence. Reparations complement the other pillars and should not be treated as a separate entity. Leader of the Opposition R. Sampanthan in his speech during the debate recently, reiterated the need for truth and justice, and underscored why reparations are not a substitute to these. This is an essential point. The new law provides for individual and collective reparations and can also assist victims by way of providing material and symbolic support to assist with rebuilding their lives. If implemented in a comprehensive manner, reparation can directly and comprehensively benefit victims and affected communities across Sri Lanka.
Reparations are a critical component for societies that have experienced past abuses. Reparations are a way of recognising the grievances of individuals and communities and providing them with appropriate remedies. They can also allow victims to be recognised and be treated as rights holders. Reparations as provided in the new law will be available to all victims of past abuses and are not meant for a select few.
Reparations are not new to Sri Lanka. Successive governments have provided various aspects of reparations with institutions such as, the Rehabilitation of Persons, Properties and Industries Authority (REPPIA) and others being tasked with administering these forms of reparation. REPPIA has had its own challenges, from a narrow scope to limited funds. We have also witnessed the lack of uniformity in how reparations are dealt, with multiple actors being involved with compensation schemes in relation to different disasters and conflicts in the past. This has inadvertently resulted in victim hierarchies where some victims receive greater compensation than others. The Office can address these anomalies by bringing the different reparation schemes and programmes within one entity and ensuring there is coherence and consistency in the future.
The Office is meant to be an independent entity to define and implement reparations for all Sri Lankans. This means anyone across Sri Lanka can go before the Office. But, several worrying sections remain in the recently enacted law. One is the dependency on the Cabinet for the approval of policies and guidelines formulated by the Office (section 11(1)(g)). Recent debates demonstrated particular views held by some in Cabinet which can possibly colour any future approval process and ultimately impact the work of the Office.
Second is the role of Parliament. Section 22(4) provides that any policies and guidelines authorising the disbursement of funds require Parliament’s approval. This adds an additional layer of approval to what is meant to be an independent entity, potentially leading to delays and resulting in policies and guidelines being changed to address concerns raised by politicians.
The Office will have its own fund with identified funding sources which will be audited by the Auditor General. A lesson to learn from existing reparations schemes is to ensure that the Office has sufficient funds to provide reparations. Limited funds will negatively define reparations programmes, shutting out some victims and leading to the creation of victim hierarchies and divisions within victims and communities. Reparations, however, are more than mere compensation and every effort must be taken to design and implement comprehensive reparation policies, guidelines and programmes which address all dimensions of the suffering endured by victims.
It is hoped, the process of appointment provided in the law will ensure that the five members to be appointed to the Office will be those with expertise and knowledge and be independent. The OMP took an unduly long time to be operationalised and one hopes the Office does not face the same fate. Equally important is the recruitment of staff with necessary expertise and skills, and ensuring regional representation so that people across Sri Lanka are able to access the Office. Further, communication is a critical area that requires considerable strengthening in order to educate the public as to what reparations are, the mandate of the Office and other relevant information. A concerted effort must be made on raising awareness and engaging with victims, affected communities and the larger public.
Time is of the essence. This month, the President promised to return state-occupied lands to their owners by the end of the year. The OMP has produced an interim report which contains several important recommendations requiring attention. Numerous victims of violence and conflict are still awaiting financial and social assistance. Challenges in memorialisation remain for many who lived through the war. All these and more come within the purview of reparations. We now have the law to provide for an Office. The coming weeks and months will tell if the Office is able to deliver and whether it goes beyond mere rhetoric to one that truly facilitates in genuine transformation.
Tuesday, October 2, 2018
The need for #HumanRights was an outcome of the marauding religious zealots of the Inquisition & the Crusades,where non believers were massacred "En-Bloc".Pity,
The need for #HumanRights was an outcome of the marauding religious zealots of the Inquisition & the Crusades,where non believers were massacred "En-Bloc".Pity, the Cardinal always seems to get things wrong in trying to be a populist.
Mangala Samarawira Minister tweeted.
Human rights is the latest religion among Western nations: Archbishop
Human rights is the latest religion among Western nations: Archbishop
2018-09-23 18:33:01 18 9404
Archbishop Cardinal Malcolm Ranjith today said that the human rights had become the religion among the Western nations.
He said so attending the morning service of the St. Matthew’s Roman Catholic Church in Ekala.
He said that the human rights were introduced recently but Sri Lankans inclined its through religion for centuries.
“Human rights was found recently. If we can live in a correct manner there is no need for human rights. Those who do not practice religion are the ones who hang on human rights. We should not deceive by these charms. We should act wisely,” he said.
He also added that though the Western nations attempt to teach lessons on human rights to Sri Lanka it has a multireligious society that practice human right through religion for centuries. (Thilanka Kanakarathna)
Daily Mirropr
Sirisena Wants All World Leaders To “Emulate” Nelson Mandela But He Himself Wants Another Term.
Sirisena Wants All World Leaders To “Emulate” Nelson Mandela But He Himself Wants Another Term
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President Maithripala Sirisena, who used photographs of former South African leader Nelson Mandela in advertisements throughout his election campaign and promised a similar rule, yesterday called upon all world leaders to emulate Mandela.
However, Sirisena, over three and a half years into presidency, has earned severe criticism in his own country for backtracking on the election promises and moving away from the so-called ‘Mandela policies’.
“I wonder how many of the leaders have the qualities displayed by Nelson Mandela and I feel that it is for the leaders to emulate Mandela and enter the correct path (sic),” Sirisena said, Addressing the Nelson Mandela Peace Summit held on the sidelines of the 73rd Session of the United Nations General Assembly yesterday.
“Mandela was a leader who showed how to use power for the benefit of the people and give up power without any greed,” sirisena added.
The Plenary Session of the Mandela Peace Summit will also adopt a Political Declaration covering policing guidelines for a gamut of areas including peace, democracy, rule of law and human rights.
Sirisena made this statement just a week after he ordered the Police not to arrest his highest military commander, Chief of Defence Staff Admiral Ravindra Wijegunaratne, over his alleged involvement in the abductions and killings of 11 youth.
Sirisena also promised not to seek re-election upon the completion of his first team. However, he has now made it clear that he will run for presidency again in 2020.
Despite his promises to step down from presidency after five years, Sirisena also unsuccessfully sought the opinion of the Supreme Court whether he could continue in office one extra year, until 2021
Comments for Archbishop's homily given on 23rd Sept.2018.
Ceylon Today-30-09-2018.
By Theresa D’Silva.
In a homily given at St. Matthew’s Church in Ekala on 23 September, Malcolm Cardinal Ranjith, Archbishop of Colombo and head of the Roman Catholic Church in Sri Lanka, decided to take a political stance.
For a religious leader to use his or her pulpit to pronounce on politics is not unusual, and, indeed, the faithful often look to their clergy for advice on how to understand and interpret the public sphere. The challenging note of this homily, however, was its content.
Cardinal Ranjith argued that the “field” of human rights has become the latest Western religion to be imposed on the non-Western world, urging Sri Lankans to not be “deceived” by such tricks, but to follow the religious inclinations that the country has followed for centuries.
A modified quote of this homily runs as follows:
“The latest religion in the West is the religion called human rights. Human rights were discovered only recently. It is being regarded as a wonderful new discovery which is being held aloft and we are being relentlessly lectured about it. If we adhere to a religion we don’t need human rights. Those who are dependent on human rights are those who have no religion. We must not be misled by these chimeras. We must look at this intelligently.”
Outraged reaction
These comments sparked bewildered and outraged reactions from civil society and political commentators. Saliya Peiris, head of the Office of Missing Persons stated that the Cardinal seemed “absolutely ignorant of the concept of human rights” and compared the Cardinal negatively against the progressive Pope Francis.
Most high profile was the reaction of Minister Mangala Samaraweera who stated that the Cardinal was simply trying to be a “populist”, in clear reference to the fact that Cardinal Ranjith seemed to be aping the popular anti-Western discourse being encouraged and buttressed by the Rajapaksa camp.
Indeed, Cardinal Ranjith received immediate and enmasse support for his words from former President Mahinda Rajapaksa, Catholic MPs in the Joint Opposition, as well as different Joint Opposition related groups. These last were quick to make their support public via social media. It should also be added that although more social justice oriented Catholic clergy and lay associations were outraged by the Cardinal’s comments, a cursory examination of Facebook feeds and Roman Catholic groups on social media show that the Cardinal’s anti-Western commentary has strong and wide-ranging support.
Shortly after the remarks from Minister Samaraweera, the Cardinal issued a clarification of his remarks via the Daily Newspaper, insisting that his intent was to preach to his particular flock and to remind them that “If religion is truly practiced it could take us to achieve levels of justice, going even beyond the expectations of human rights and thus need not be such an issue for our Catholic community.
But I do accept that with regard to the essentially non-religious nature of the State, human rights as a common platform has its own role to play. Replacing religion with human rights is not what is to be done but human rights should be further strengthened through the good practice of faith.”
Far removed
The clarifying statement stands, in many ways, at quite a remove from the remarks made in the September 23rd homily, where his intent seemed to underscore human rights as a ‘Western’ discourse and also to praise the religion that has been “guiding Sri Lanka for centuries”. If you were to guess that he meant Catholicism, you would be incorrect, as, a statement the Cardinal made on 27 September at a prize-giving when he noted that those who had been shaped by Buddhist civilization do not violate human rights and that human rights can effectively be preserved through adherence to Buddhist teaching.
He went on to say that the “rights of all people in this country are safeguarded when Buddhist culture is safeguarded. Human rights are safeguarded in our country much more than what is prescribed (sic) by the UN in Sri Lanka because of the Buddhist environment.” The statement led some on the social media site Twitter to wonder if the Cardinal wished to switch his red hat for the robes of an Anunayaka.
The Cardinal’s statements are emblematic of his long-term and very explicit political position; he has for long been seen as an ardent supporter of the Rajapaksas’ and the ‘anti-Western’ messaging of the Joint Opposition.
What is troubling with his commentary is his appropriation- a tactic often deployed by right wing populists the world over of critical, left wing thinking on universalizing discourses such as human rights. There is robust and very valid concern, for example, within postcolonial and decolonial studies that highlight the civilizing mission embedded in human rights discourse. Postcolonial critics argue that universal human rights are expressive of Western cultural particularity and contest the idea of rights as universally applicable.
The debate often turns on the idea that, though rights are said to have universal validity, they originate in the West and in some sense express Western interests. From this, however, such scholarship opens up debate to ask for more fuller histories of how rights and freedoms have been understood globally, and, also to highlight the nuances of a focus on individual rights (seen as more a European discourse) over collective or community based rights ( seen as a more globally rooted understanding).
There is little space in this article to break down the different and complex arguments associated to this discussion but the reader is encouraged to look up the work of Gurminder Bhambra, Judith Butler, Michel-Rolph Trouillot, Stuart Hall, A. Sivanandan and Edward Said and many others, who have exhaustively examined this topic.
Profound impact
Another challenge arises also, when a Cardinal of the Roman Catholic Church highlights the ‘Western-ness’ of human rights discourse. Much academic and theological commentary that analyzes human rights thinking is quick to note the profound impact that Christian morality and ethical thinking on freedom and responsibility that percolate throughout human rights discourse, and the history of different attempts at drafting and maintain a ‘code’ of human conduct, connected implicitly to the Christian idea that freedom and free will comes from the Divine. Additionally, Catholic Social Thought has, for decades, enjoyed a close and reciprocal relationship with human rights discourse. As academics such as Mary Glendon and Meghan Clark often note, Catholic social doctrine has appropriated, and even championed, human rights ideas.
At the same time their historical study of the development of human rights also highlights instances such as how ideas from Catholic social thought were brought into the Universal Declaration of Human Rights (UDHR) by Latin American delegates to the early UN, and Pope Benedict’s 2008 UN speech that provided future directives for the human rights movement. Christianity is deeply imbricated in human rights thinking and discourse, and, perhaps the ‘religiosity’ that the Cardinal sees is because of this symbiosis.
So let us look at this intelligently, as the Cardinal asks us to. Is he seriously asking for Sri Lanka to work on a ‘home grown’ set of human rights, and for there to be intelligent and robust apolitical debate in the country with regards to how we move forward in this political moment? Are we witnessing a conversion moment where he is deeply troubled by the universalization of Christian morality and seeks a more ‘grass rooted’ theology, or indeed his own changing of scarlet robes to saffron ones? Or, is he simply being a political shill for those who spout anti-Western hysteria to whip up the
masses?
Monitoring Key to Successful Implementation of National Audit Act - TISL
Monitoring Key to Successful Implementation of National Audit Act - TISL
The passage of the National Audit Act in July marked a significant watershed for the public service in Sri Lanka, introducing a legal framework to promote fiscal accountability amongst those serving in the public sector. However, Transparency International Sri Lanka (TISL) wishes to re-iterate that as with the Right to Information Act which preceded it, implementation from the early stages of the roll out of the National Audit Act is crucial towards ensuring that the stated objectives of the law are met.
Whilst recognising the fact that the Audit Service Commission (ASC) has been in operation for almost two months, TISL wishes to highlight to the public the extent of the power vested in the Commission through the National Audit Act. The Act empowers the ASC to report the amount of loss or deficiency in a transaction to the Chief Accounting Officer where the ASC has reasonable grounds to believe that transaction has been made contrary to law and that the loss resulted from fraud, negligence, misappropriation or corruption. Upon receiving the report of the ASC, the Chief Accounting Officer is obliged to impose a surcharge on the public official. TISL Executive Director Asoka Obeyesekere highlighted that “the chief accounting officer retains the discretion to consider mitigating circumstances and reduce the surcharge. The use, and potential abuse, of this power will require close monitoring”.
Prior to the adoption of the Act, TISL compiled a legislative brief on this crucial legislation, through which TISL sought the strengthening of the surcharge appeals process, the strengthening of the investigative powers of the Auditor General, improving transparency in decision making under surcharging powers and the protection of the fundamental right to information as recognized in the constitution. The legislative brief was shared with all 225 members of parliament and the recommended amendments were debated extensively in the house, with a few committee stage amendments being incorporated.
Obeyesekere added, “Providing the necessary financial and material resources for the Commission to execute its duties and functions is of the utmost importance at this juncture. TISL encourages all stakeholders to continue to advocate for fiscal accountability in the public sector, especially in light of the upcoming 2019 Budget”.
Government Needs to Build on Its Northern Achievements - Jehan Perera
Government Needs to Build on Its Northern Achievements - Jehan Perera
Military personnel stationed in the North are often perplexed when told that their continued presence is objectionable to the local population. Their experience is different. When they ask the people about their presence, the answer they say they receive is a positive one whether in term of preserving law and order or in terms of providing material assistance. The sceptic would point out no civilian population in a post-war setting would be willing to tell uniformed military personnel that their continued presence is objectionable. But this may not be the only truth of the matter.
On a visit to the North we went to the northernmost point of the country in Point Pedro. A plaque there says that this area was cleared and made fit for public viewing by the army. There is also a signboard that says unity in diversity is the strength of the country. The tourists who come there to take photographs are from all parts of the country. When we were there we saw a group of young women come on their own and cross over the rocks and corrals that form the front barrier of the built-up viewing point. They waded into the sea to take photos and selfies of themselves. They appeared to be local people.
We stopped for lunch at the army-run hotel called “Thalsevana” (shade of the palmyra tree) in Kankasanthurai which had once been the site of full scale war. Although the time we got there was past 2 pm, the hotel was full of local people who had come there for lunch and to enjoy the swimming pool. Many of them had come with their relatives from the Diaspora. The issue of the military running civilian businesses, such as hotels and farms is an issue that is often brought up by human rights and political activists. But to the local population and the Diaspora community who may be less politically motivated, the army is providing a quality service at a reasonable price and from which they wish to benefit. It needs to be noted that ending the role of the military in commercial enterprises in the North is one of the commitments of the government in the UN Human Rights Council resolution of October 2015, which has yet to be implemented fully.
On the road down from Point Pedro to Jaffna we passed new housing projects, some completed others just beginning. At the ones that are just beginning there are signboards with the photos of the president and prime minister on either side. The fact that these two governmental leaders, whose political rivalry is a major source of political analysis and speculation, should come together on the signboards of housing projects for war-affected people in the North, gives an impression of governmental unity in developing the North. Their rivalry to be the government candidate for the next presidential election in 2019 has not stood in the way of portraying them as being equally committed to the welfare of the northern people.
CONTINUING DISSATISFACTION
The towns we passed through coming down from Point Pedro, such as Nelliady, looked bustling and modern with large new government buildings and wide roads without a sense of the clutter and disorganization that is symptomatic of older towns. These are all towns that were more or less destroyed during the war, and which have been reconstructed in recent years. The net result is that they seem to be no less booming and bustling than their counterparts in the southern parts of the country. The appearance of prosperity in the North is no doubt supplemented by the generosity of relatives who are now in the Diaspora. However, despite these visible signs of progress and development there is dissatisfaction that fills the polity in the North.
As befits a plural society, there are different strata and groups in the North who see things differently. This was observable during the local government elections held in February this year when Tamil nationalist parties that are very critical of the government initiatives improved their performance at the expense of the Tamil parties that seek to collaborate with the government. Improving the infrastructure and economy is not the only priority concern of the people who also look to other unmet concerns. These are their grievances about the war and those who went missing in the war, particularly those who were surrendered by their families to the military at the end of the war. Although the government has established an Office of Missing Persons earlier this year, this mechanism has yet to start giving answers, which has prompted sections of the Northern people to denounce this government effort and to continue to press for international intervention.
Another reason why the Tamil nationalist parties are gaining in strength is due to the government’s failure to deliver on the promised political reforms that include constitutional reform. The themes of Tamil nationhood, right to self determination and Tamil homeland continue to resonate powerfully within the Tamil polity as it has done for the past sixty years before the war began and today more than nine years after it ended. Unless the government’s heart and mind strategies include constitutional reform that address these issues, the country will be fated to see the continuation of Tamil grievances and the rise of nationalism.
BEST CHANCE
The challenge for the government is to find a political solution that can transcend the nationalism in the North and South, and East and West, and yields a polity that is plural, multi ethnic and multi religious and in which no citizen has an advantage or disadvantage because of his or her community in any part of the country. The Sinhalese, Tamil and Muslim people, and their mainstream political representatives, need to feel that they are treated equitably and are joint decisionmakers in creating the future in a united Sri Lanka. The best opportunity that the country has to chart out this shared future is now when the President and Prime Minister and the two major political parties they separately lead are united with the ethnic minority parties and their leaderships in seeking a mutually acceptable political solution.
The commitment of the President and Prime Minister to the national reconciliation process was recently seen at the ceremony held at the Sugathadasa Indoor Stadium to appreciate the students who achieved distinction passes for Sinhala and Tamil from the "If you know, teach, if you do not know, learn" Radio Programme 2017 organised by the National Integration, Reconciliation and Official Languages Ministry under Minister Mano Ganesan. More than 3000 schoolchildren from all parts of the country attended the function at which prizes were awarded to those schools that had performed best in teaching a second language in their schools. Minister Ganesan pledged that the programme would expand and said many more students would follow the programme next year so that the ceremony to appreciate their achievements would have to be held at the Gall Face Green.
Although they have unresolved issues of leadership in the government, both President Sirisena and Prime Minister Wickremesinghe need to put their differences aside to come together with the schoolchildren of the country for the sake of national reconciliation. As leaders of their respective political parties, they need to be more assertive in communicating the success of the government in developing the North and in increasing the role of civilian administration. They need to take their commitment a step further and work jointly for the constitutional change that addresses the aspirations and grievances of the Tamil people while taking the rest of the country along with them, for which their respective political parties too need to work together.
Tuesday, September 25, 2018
Let us solve our problems on our own - President (Pics / Video)
Let us solve our problems on our own - President (Pics / Video): President Maithripala Sirisena called upon the international community to look at Sri Lanka with a fresh perspective and consider the tremendous progr...
Wednesday, September 19, 2018
Monday, September 17, 2018
SRI LANKA RESPONDING TO ITS REPORT, PRAISES THE UN WG ON ARBITRARY DETENTION AT HRC 39
SRI LANKA RESPONDING TO ITS REPORT, PRAISES THE UN WG ON ARBITRARY DETENTION AT HRC 39
Statement by H.E. Mr. A. L. A. Azeez, Ambassador / Permanent Representative of Sri Lanka. 12 September 2018.
Mr. President,
Sri Lanka is pleased to join this clustered ID with the Working Group on Enforced or Involuntary Disappearances (WGEID) and the WG on Arbitrary Detention. We avail of this opportunity to share the views of the Government of Sri Lanka on the Report (A/HRC/39/45/Add.2) presented to this Council today by the Working Group on Arbitrary Detention, following visit to Sri Lanka in December 2017. We had a similar opportunity during 33rd Session of the HRC, to engage on the presentation of the report by the WGEID of their country visit. We are pleased that, as of date, 8 Special procedures including the 2 Working Groups have undertaken visits to the country and 5 have presented their reports pursuant to the standing invitation extended by the Government of Sri Lanka in December 2015. Scheduling of further visits by several other Special Procedure Mandate Holders are currently underway.
The Government of Sri Lanka’s policy of constructive engagement and dialogue has over the past three years, resulted a number of proactive and pragmatic measures aimed to advance human rights and fundamental freedoms. This is, in addition to the regular and periodic engagements with the HRC mechanisms and cooperation with HR Treaty Bodies as well. 06 reviews on periodic Treaty Body reports submitted by Sri Lanka have taken place since 2015. Recommendations made by these bodies are being considered seriously, and some of which in fact have been already implemented while, in respect of others, progress is continuing. These useful technical advice and recommendations remain among the implementation priorities of the GoSL. The constructive engagement, as acknowledged by all SRs and WGs, extends to providing unfettered access, and necessary cooperation to fulfill their respective mandates throughout the entire process.
Our engagement and cooperation with the WGEID and WG on Arbitrary Detention unambiguously testifies to the priority we attach to open and candid exchanges. Sri Lanka’s implementation priorities arising from the recommendations contained in the reports of these mechanisms are reflected in the 5 year National Human Rights Actions Plan adopted by the Cabinet of Ministers in October 2017 and in the continuing follow up.
The WG on Arbitrary Detention deserves our appreciation for the manner in which it has processed the Report on their visit that is presented to this August body. The opportunity given to Sri Lanka as the country concerned, to provide any objective information and updates besides any errors in facts or laws, is much valued.
Mr. President,
It needs to be noted that GoSL has on all these occasions ensured open and inclusive consultation and collaboration with stakeholders including the relevant line Ministries and agencies, the Civil Society Organizations and the Human Rights Commission of Sri
Lanka (HRCSL). Currently as we finalize Sri Lanka’s 6th Periodic Report to the Human Rights Committee under the International Covenant on Civil and Political Rights (ICCPR), we continue the same process of inclusive consultation. The processes followed for Sri Lanka’s State Report to the 3rd cycle of the Universal Periodic Review in November 2018 as well as Sri Lanka’s National Human Rights Action Plan 2017-2021 emain instructive in this context.
Mr. President,
As acknowledged in the Report of the Working Group, Sri Lanka has achieved a number of positive developments in the areas of strengthening governance, rules of law and advancing human rights. These are a direct result of sustained efforts made by the GoSL
through legislative and policy processes and establishment of independent institutions. We are pleased to enumerate here some of such developments, relevant for the mandate of the Working Group:
– Sri Lanka, a State Party to all core human rights treaties, acceded to the Optional Protocol to the Convention against Torture, and designated the Human Rights Commission of Sri Lanka as the National Preventive Mechanism on 5 December 2017. In terms of the OPCAT, the UN Sub Committee on Prevention of Torture, would have unrestricted access to places of detention; and to information concerning persons deprived of their liberty, as well as their conditions of detention.
– Sri Lanka has also made a declaration under Article 22 of the Convention against Torture subscribing to the communication procedure of the Treaty Body.
– The provisions of the International Convention for the Protection of All Persons from Enforced Disappearance have been given effect to, through an Act of Parliament enacted on 7 March 2018. Persons deprived of liberty are accordingly guaranteed by the Act, the right to
communicate and to be visited by his/her relatives, attorney-at-law or any other person of his/her choice, as applicable under that Act.
The Act also guarantees access to places of detention by the HRCSL.
– As acknowledged by the Working Group, the Agreement entered into between the GoSL and the ICRC on cooperation and humanitarian activities on 7 June 2018, ensures unfettered access by ICRC to all detainees and detention centres under the purview of GoSL with the exception of military personnel detained under the military law in military establishments.
– Appointment of Commissioners to the Office on Missing Persons, an independent institution established by an Act of Parliament was made in February 2018.
– On 5 September 2018, following extensive consultations conducted by the Chairperson and the Commissioners with the relatives of victims of disappearances as well as with government officials and civil society actors in several districts, the OMP has submitted an Interim Report with wide-ranging recommendations. The GoSL has allocated Sri Lanka Rupees 1.4 billion (approximately 9 million USD) in the National Budget for 2018, for the OMP. In exercise of its mandate, the OMP has ensured assistance for the excavation of a suspected mass grave site in Mannar, to investigate and trace disappeared people.
– The draft Counter Terrorism Act (CTA), aimed to replace the Prevention of Terrorism Act, consistent with human rights safeguards and international standards has been evolved. With approval by the Cabinet of Ministers, the draft legislation will be presented
to Parliament, in accordance with the established procedure.
The GoSL engaged with several international stakeholders including the UN Counterterrorism Executive Directorate, the OHCHR and the ICRC in formulating the draft CTA. It is pertinent to mention there were civil society representatives involved in the drafting process and that a wide range of views were taken into consideration and international expertise sought.
This process of engagement and dialogue will continue. Amendments can be introduced during the sectoral oversight committee and committee stage consultations. In the meantime, since July 2017, a de facto administrative moratorium preventing new arrests under the PTA remains in effect and all persons who had been arrested under the PTA are being held under judicial detention. There are at present 58 persons against whom charges have been framed and trials are proceeding, while 05 persons are awaiting indictments following assessments to be concluded shortly by the Attorney General.
– The 19th Amendment to the Constitution of Sri Lanka guarantees its citizens, without discrimination, the right of access to any information as provided for by law. In terms of the Right to Information Act no. 12 of 2016 which gives effect to this constitutional right, all public authorities should ensure the implementation of the citizens’ right to information. An independent Right to Information Commission established by the Act is fully empowered to hold inquiries and recommend disciplinary action in cases of noncompliance.
– On 21 May 2018, the Parliament enacted an amendment to the Penal Code raising the minimum age of criminal responsibility from 8 to 12 years.
– A draft Bill on Child Protection and Justice is being finalized and the provisions thereof seek to put in place special protection measures for children who are in conflict with the law and children in need of care and protection.
– With launching of the National Human Rights Action Plan 2017- 2021 in November 2017, a three-tier monitoring mechanism has been established to regularly monitor progress being made by line ministries and agencies in implementing the Plan, and to
give necessary guidance and direction.
All the above measures have been taken to complement and strengthen the legal and procedural safeguards, already in place, to ensure protection of the rights of individuals held in detention, including through recourse to justice in the event of violations. Some
of these safeguards are:
– A specific provision in the Fundamental Rights Chapter of the Constitution, namely Article 13 guarantees “Freedom from arbitrary arrest, detention and punishment, and prohibition of retrospective penal legislation”. In the event of a breach or imminent breach of
these rights, the victims, or any person on their behalf can petition the Supreme Court or Court of Appeal for redress.
– Access to legal aid has been ensured to low-income individuals through 77 legal aid centres established islandwide by the state-funded Legal Aid Commission of Sri Lanka.
The services provided by these centres include legal counseling, assistance in litigation including in applications for bail, appeal and fundamental rights violations, and engaging in raising legal awareness and conducting legal clinics.
Mr. President,
The GoSL is cognizant of the issues and challenges faced by persons in detention, including delay in the processing of cases and welfare of detainees. The Government is in the process of addressing this issue in a sustainable manner. In October 2016, the Chief Justice directed the Judges of the High Court (which has jurisdiction to try cases of rape, incest, etc.) to take up trials on a day to day basis ensuring the early conclusion of the trials. The Judicial Services Commission has also instructed all High Courts and courts of first instance, directing judges to conclude cases expeditiously.
Several legislative measures have also been taken in recent years with a view to preventing laws delays. These include the introduction of a pre-trial system to the judicial process in 2017 which is now in operation in all District Courts of the country, allocation of funds for Court Automation by introducing File Management Systems, establishment of digital facilities in Courts for filing of cases and the efficient management of case files, providing for the increase of the existing cadre positions of High Court judges from 75 to 110, and most recently, the amendment of the Judicature Act.
Further, steps are being taken to enhance the conditions in prisons and detention facilities. Overcrowding in prisons has gradually decreased over the past 6 years from 486% in 2010 to 148% as of now. Eleven prisons have been identified for relocation to more spacious premises with improved conditions, of which two have already been fully constructed and the inmates relocated while the construction of the others are ongoing.
A Task Force chaired by the Secretary to the Ministry of Justice on Judicial Causes for Prison Overcrowding, established in 2015, addresses issues and options related to prison overcrowding with technical assistance from ICRC. This includes the adoption of a policy pertaining to the payment of fines and the release of long-term prisoners.
With the only three persons currently undergoing rehabilitation, completing the programme by 29th November 2018, the Poonthottam Rehabilitation Centre will be winding up, and after November 2018, it will serve as a Vocational Training Centre. It will help provide vocational training for ex-combatants to enhance their living standards with new employment opportunities.
Mr. President,
Pursuant to UN HRC resolution 30/1, following extensive national consultations, the GoSL has succeeded in establishing and operationalizing the Office on Missing Persons. The GoSL has placed before Parliament for enactment, legislation to establish the Office
for Reparations. A process has already been set in motion towards setting up the mechanisms relating to truth-seeking and accountability.
In addition to the measures highlighted, further measures to implement the activities identified in the National Human Rights Action Plan are in varying stages of progress. The Working Group will be briefed of them, consistent with our policy of constructive
engagement and dialogue.
In conclusion, we wish to reiterate the commitment of the Government of Sri Lanka to continue our engagement with the Working Group on Arbitrary Detention and the Working Group on Enforced or Involuntary Disappearances.
Human Rights Council
39th Regular Session
Thursday, August 30, 2018
Thursday, August 2, 2018
Tuesday, July 31, 2018
Monday, July 16, 2018
Monday, July 9, 2018
Friday, June 29, 2018
Wednesday, May 2, 2018
Wednesday, April 25, 2018
Monday, April 9, 2018
Wednesday, April 4, 2018
Monday, April 2, 2018
Sunday, April 1, 2018
Thursday, March 22, 2018
Wednesday, March 21, 2018
Friday, March 16, 2018
Thursday, March 15, 2018
Monday, March 5, 2018
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Thursday, March 1, 2018
Monday, February 26, 2018
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Wednesday, February 21, 2018
Wednesday, February 14, 2018
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