National Action Plan on Human Rights

Rasika Somarathna

SWITZERLAND: Disaster Management and Human Rights Minister Mahinda Samarasinghe told the UN Human Rights Council yesterday that the Government's ultimate aim was to implement a National Action Plan on the Protection and Promotion of Human Rights in Sri Lanka.

Addressing the working group of the UNHCR, during the Universal Periodic Review (UPR), the Minister acknowledged that the Government regarded safeguarding human rights of all Sri Lankans as a primary duty.

Elaborating on the National Action Plan, the Minister said this would be a countrywide initiative, including a national mapping exercise on human rights, to identify challenges, constraints and gaps in human rights promotion and protection.

The Action Plan will also focus on implementing recommendations of the UN Treaty Bodies, special procedures and mechanisms, pledges Sri Lanka made for our election to the Human Rights Council and recommendations that emanate from the review process, the Minister said. "Sri Lanka's National Report presents an accurate picture of our current human rights situation.

It highlights strengths and identifies challenges we face as a nation in our efforts to promote and protect human rights," the Minister said.

"We have identified our priorities and highlighted the capacity building needs that will enable us to actualise those priorities. As all rights are mutually reinforcing and inter-dependent, the Government believes equal attention should be given to civil, political, economic, social and cultural rights as well as the right to development," the Minister noted.

He also added that Sri Lanka had fulfilled international obligations through participation in most key human rights instruments and labour conventions.

"We expect one of the outcomes of participation in the UPR process will be that international partners will come forward to assist us achieve the priorities set out in our National Report."

Commenting on establishing an Office of the High Commissioner for Human Rights in Sri Lanka the Minister noted that the Office was already represented in the country, by a Human Rights Adviser, working within the UN Country Team since June 2004, supported by a national legal officer and an assistant.

While noting that Sri Lanka has an independent and robust judiciary and other vibrant public institutions and mechanisms, the Minister emphasised that the imposition of foreign institutions will stifle the potential for growth of national institutions charged with these functions.

The Minister also said "as High Commissioner Louise Arbour noted after her visit: "Sri Lanka has many of the elements needed for a strong national protection system" He also observed that over the years Sri Lanka has not hesitated to invite special procedure mechanisms even under difficult circumstances brought about by the grave threat of terrorism, citing many visits by UN envoys.

Answering a query regarding recent elections and the role played by ex-militant group TMVP, the Minister commented that the TMVP was a lawfully and validly registered political party under the electoral laws of Sri Lanka.

He also added it is worthy of note that the Government has thus successfully created a conducive environment for democratic pluralism and facilitated the entry into the political mainstream of groups who hitherto resorted to armed violence in the pursuit of a separate state.

"This constitutes the first step in the realisation of effective devolution of power based on the 13th Amendment to the Constitution, as envisaged in the Indo-Sri Lanka Accord signed between the President of Sri Lanka and Prime Minister of India in 1987," he said.

Replying to a query on disappearances, abductions etc. the Minister had said that the Government had taken some critical and practical measures to address the issue.

He noted that the Ministry had set up a hotline to receive information of incidents of arrest, detention or suspected abduction/disappearance and to guide victims or their families to avenues of redress within the criminal justice and human rights protection systems.

The working group of the UNHCR after the UPR review is scheduled to hold a vote on its members on May 21.