Post-conflict phase:
Our priority is reconstruction
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Right of Reply exercised by Mohan Peiris,
President’s Counsel, and Attorney-General of Sri Lanka during the
general debate under agenda item 4 of the UN Human Rights Council
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Mr. President,
Mohan Peiris, PC |
Sri Lanka has taken serious note of the observations made during the
debate on Item 4. We are encouraged by the fact that the majority of the
members have commended our commitment to post-conflict nation-building,
instead of being unfairly castigated repeatedly by a few States
hell-bent on pursuing their agendas, and their agendas alone, at all
cost. We are however more than conscious that there is no room for
triumphalism.
Interference
We have seen in some States a whole license of interference by way of
a plethora of powerful pressurizing tactics at which even the hardest of
critics might want to blush. We want those States to know that we will
continue our engagement with them nonetheless and welcome working
together in a spirit of true partnership as our equal and friend.
You may note and appreciate that the deliberate targeting of
civilians never formed part of the military strategy of our forces. This
is not to deny civilian casualties which may have occurred as collateral
damage.
This is not peculiar only to Sri Lanka. Such casualties do occur
particularly when one party uses the civilians and civilian centers and
establishments as a central part of its combat strategy. You will
appreciate that in such situations the contours of the traditional
battlefields recedes into the background with unfortunate consequences
to civilians.
Proportionality
However, the principles of distinction and proportionality which form
the cornerstone of the principles of IHL were observed by our security
forces. Our military strategies ensured that civilian population and
civilian establishments were never made the target of deliberate attack.
The commanders on the ground have been thoroughly trained in the
requirements of international humanitarian law and its governing
principles.
The strict observance of these principles and the law as developed in
the context of an inter-State conflict and clearly demarcated battle
lines is not, you will appreciate, an easy task when engaging a
terrorist group.
However, the conduct of our security forces to ensure minimum
casualties was better than any in the world, and should be commended.
Sri Lanka’s priority now is reconstruction, reintegration and
rehabilitation in the post-conflict phase which we propose to approach
in a spirit of true reconciliation.
What is therefore required is the constructive engagement by the
international community in our efforts to achieve these objectives which
are already underway.
Re-united
We are tirelessly working towards a comprehensive solution to the
problems of our internally displaced inclusive of a political process.
We have already re-settled more than 10,000 persons who have been
re-united with their families.
We have permitted the host families to receive persons over 60 years
and children wherever the host families have the economic capacity to
accommodate such persons. The UNHCR and the ICRC have been given ample
access and more to the IDP camps together with over 50 NGOs.
We will continue to ensure that the Tamil community will live side by
side in dignity with others and enjoy the freedoms as guaranteed by our
constitution. It is regrettable that these same concerns were not
directed to the LTTE with the same vigor at the appropriate time.
Democracy
We are approaching the political process with equally great care. You
will appreciate that elections alone do not make a true democracy. It is
therefore necessary to insist that those who seek the benefits of
democratic process accept its underlying principles as well.
We are currently engaged in a programme to restore our displaced
population to their original habitats and livelihoods with the
assistance of the international community.
Isn’t it then of paramount importance that we unconditionally support
that process and not distract ourselves by indulging in
counter-productive rhetoric, undue pressure and the posturing of other
multifarious measures? To indulge in the latter would only make the
domestic situation in Sri Lanka more difficult.
Procedures
It is therefore regrettable that the principle of majority
intergovernmental decisions making process does not appear to be fully
appreciated by the EU.
Are we then to pay lip service to these procedures that would be
rendered useless and academic? To give into this unsavory practice would
be only opening the window to a serious departure from the procedures
established in the inter-governmental decision-making process.
It is therefore our humble plea that Sri Lanka be given space to
continue with the on-going reconciliation process and not allow
ourselves to be overcome by the agenda of some States. Thank you. |