Govt committed to promote and protect human rights

U.N. Human Rights High Commissioner Louise Arbour meeting President Mahinda Rajapaksa at Temple Trees recently.  Pic. by Chandana Perera.

Statement by Prasad Kariyawasam, Permanent Representative of Sri Lanka to the United Nations at the Third Committee, 62nd Session of the General Assembly of the United Nations New York, on Promotion and Protection of Human Rights

At the outset, let me thank the High Commissioner for Human Rights for her report to this Committee, and for the useful visit she undertook earlier this month to Sri Lanka at the invitation of the Government. I would also like to thank representatives of UN special mechanisms who briefed the Committee under this item of the agenda.

In this context, we like to share with the Committee, information on ongoing progress in Sri Lanka, as well as challenges that we continue to encounter in our persistent efforts to promote and protect human rights, in accordance with our constitutional and treaty obligations, using national and international means.

Government efforts to promote and protect the rule of law and human rights are taking place under difficult and trying circumstances due to the continuing terrorist campaign against civilians, as well as Government and civilian assets, by one of the most ruthless terrorist groups in the world and their relentless propaganda and lobbying aimed at tarnishing the image of the Government.

Nevertheless, we observe that several references to Sri Lanka by some delegations as well as one Special Rapporteur were based on a situation that exists no more.

It is unfortunate that these views have failed to take into consideration or acknowledge positive developments that have taken place in the recent past, when the Government took resolute and proactive action against a few aberrations in the protective regime of human rights already available for our citizens.

Some comments also seem to have disregarded or overlooked the Government’s active engagement with the Office of the High Commissioner for Human Rights that include joint efforts to identify, fund, and implement mutually acceptable initiatives supportive of more effective human rights protection in my country; as well as our continuous engagement with several other UN special mechanisms.

Sri Lanka is one of the oldest democracies in our part of the world. Hence successive regularly elected Governments have been, and continue to be mindful, and value the principle of government accountability and responsibility to her people.

In this context we have freely undertaken international legal obligations by becoming party to all the core human rights conventions. Apart from fulfilling reporting obligations to those treaty bodies, the Government remains committed to sharing information with all human rights mechanisms on a voluntary basis.

In addition, as a member of the Human Rights Council, the human rights situation in Sri Lanka will be reviewed under the Universal Periodic Review mechanism at the UPR Working Group Meeting scheduled for early next year.

We have thus opened ourselves to scrutiny of multiple international mechanisms on the basis of our belief that openness and accountability, through international means, can strengthen national efforts.

As a clear manifestation of this tradition of openness and commitment to work with international human rights mechanisms, President Mahinda Rajapaksa extended an invitation to the High Commissioner for Human Rights Madam Louise Arbour to visit Sri Lanka, when the President met with her in Geneva in June this year.

Invitations were also extended to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Manfred Nowak; and Representative of the Secretary-General on Internally Displaced Persons, Walter Kalin. Both Madam Arbour and Mr Nowak have completed their visits, while Mr Kalin is scheduled to visit Sri Lanka later this year.

As High Commissioner Arbour herself stated in response to a question raised in this Committee by a delegate on October 24, the Government facilitated her interaction with a wide cross section of persons in Sri Lanka during her visit, ranging from government officials to opposition political party leaders, representatives of civil society, religious dignitaries, and a number of independent individuals.

It was ensured that the High Commissioner’s meetings with civil society took place without the presence of Government or security officials, thereby enabling her to interact freely.

The High Commissioner raised several issues on which the Government has already initiated action. For instance, the Government has made arrangements to shortly introduce a Witness and Victim Assistance and Protection Act in Parliament as an urgent Bill.

A Parliamentary Select Committee is in the process of finalizing its report with regard to the 17th amendment to the Constitution, which would strengthen the effective functioning of national human rights mechanisms. With regard to investigation and prosecution, the Government has initiated action on many fronts.

And we remain actively engaged with the Office of the High Commissioner for Human Rights in seeking technical advice and support in order to re-invigorate and strengthen capacities of our local institutional framework for the better protection of the human rights of all our citizens.

This would include enhancing independent and credible national monitoring and reporting mechanisms, which would address a concern expressed by the High Commissioner regarding the lack of reliable and authoritative information on credible allegations of human rights abuses.

We expect that OHCHR officers currently in Sri Lanka with the UN country team will now work with our national authorities towards this objective. We are mindful that to succeed in the long run, it is primarily the responsibility of the State to develop home grown national capacities to protect its citizens.

Sri Lanka’s commitment to a policy of openness and eagerness to work with the international community has often been abused by the terrorist group operating in my country and misused by its lobbyists based abroad. In this regard we are surprised by several unreasonable assumptions and unjustified demands by some, seemingly based on hearsay and politically motivated lobbying efforts of interested parties.

Nevertheless we remain open for rational persuasion and will continue to work with the international community to obtain support for our initiatives and aims in protecting human rights.

It is this open engagement with the international community, and willingness to listen to constructive advice, which made the Government establish an International Independent Group of Eminent Persons (IIGEP), a unique mechanism, to observe the work of the Commission of Inquiry which was set up at the national level to investigate into alleged abductions, disappearances, and extra judicial killings.

As we discuss international treaties and mechanisms established to uphold human rights, we, as a country that benefits immensely from inward remittances of migrant workers, are disturbed by the present lack of attention to the issue of human rights of migrant workers in the international human rights agenda.

In this regard we are surprised that some, who otherwise champion civil and political rights worldwide, have chosen to turn a blind eye to the plight of this important segment of humanity.

As a result, ratification of the “Convention on the Protection of all Migrant Workers and Members of Their Families” remains far below expectations.

Some States seem to hold the view that international agreements like the Convention on Migrant Workers could interfere with their respective domestic migration policies. However, this assertion seems contrary to their views on other treaties that they promote on civil and political rights.

It is our duty, to ensure that rights of migrant workers are given equal priority. In our interdependent world that values freedom, rights and dignity of the individual, it is essential that we make the International Convention on Migrant Workers also a truly universal instrument and ensure that migrant workers, irrespective of where they live and where they come from, are guaranteed their human rights.

We appeal to all in this Committee to adopt a well informed, balanced, and reasonable approach to all situations, wherever they occur, including in my country, so that we can improve and protect all human rights of all people, wherever they live and in all circumstances.