Sri Lanka reaping dividends through peace
*Establishment of transition justice
mechanism priority
*Legislative provisions being scaled
down
Mohan Pieris PC |
Text of the statement by
Attorney-General of Sri Lanka Mohan Pieris, PC, under agenda Item 2 of
the 14th Session of the UN Human Rights Council in response to the
Statement made by High Commissioner for Human Rights Navanetham Pillay
in Geneva, May 31, 2010
My delegation notes the High Commissioner’s interest on Sri Lanka as
contained in her statement. Having seized the opportunity for peace and
reconciliation with the end of the terrorist conflict, we in Sri Lanka
have now begun to reap its dividends through the meaningful
implementation of the necessary measures to ensure they are enjoyed by
every citizen of the country. The very fact that only 30,000 remain from
the 300,000 IDPs to resettle from a year ago signals the provision of
the basic fruits of peace.
The President of Sri Lanka has instructed for immediate action to be
taken to resettle these remaining IDPs within three months and close the
welfare centres in the North. Infrastructure facilities such as
highways, drinking water, schools, electricity and housing are being
developed in this region.
It is also noteworthy that the ruling UPFA swept the boards the
Parliamentary Elections held on April 8.
This undoubtedly is a resounding endorsement by the people, of the
policies being implemented by the Government, having been able to begin
partaking of the peace dividends.
Security situation
With the ending of the terrorist conflict, the Government of Sri
Lanka has now commenced the scaling down of legislative provisions,
which are no longer necessary but were previously needed to deal with an
extraordinary security situation that prevailed in the country.
As a first step in this direction, on May 2 this year the Government
decided to withdraw a substantial segment of the Emergency Regulations,
which had been continuously in force since August 2005. This process has
repealed the provisions no longer needed and modified several others.
Among those repealed were the emergency provisions having a direct
bearing on the freedom of expression, which has resulted in further
strengthening the protective measures in the area of freedom of opinion
and expression and the removal of Regulation 64, which enables the
admissibility of a statement made by a suspect to a Police officer
thereby revoking these provisions tantamount to derogation. They will
also result in further relaxation of measures pertaining to publications
and printing, distribution and possession of literature. The provision
with regard to search of household premises has been amended in keeping
with the relevant principles of the ICCPR. The roll back of the
Emergency Regulations at this juncture is only the beginning of a
process which will be continued as and when the ground conditions become
conducive to their further relaxation.
In keeping with the pledge of President Rajapaksa, that the pursuit
of national unity and peace requires reconciliation among all
communities since the defeat of terrorism, the establishment of a
transitional justice mechanism has been one of the foremost priorities
of the Government.
In order to accomplish this task, the Government has now established
a ‘Commission on Lessons Learnt and Reconciliation’, with emphasis on
restorative justice; focusing among others, for determining
responsibility regarding events in question. This mechanism will soon
commence its work. Concomitantly discussions are ensuing with the Tamil
National Alliance, the main political party representing the people in
the North, addressing any related grievances. My delegation has already
shared information on these post conflict developments, with the High
Commissioner and other interested States, in keeping with our policy of
close engagement with the international community.
This Council would recall the issue of J S Tissanayagam who was
sentenced to 20 years of rigorous imprisonment on three counts under the
Prevention of Terrorism Act, and had been referred to in a number of
instances by some sections of the international community. Tissanayagam
has been granted a free pardon, by H E the President in terms of Article
33 of the Constitution, which process is expected to be completed by
June 1, 2010.
Social progress
The Government of Sri Lanka during the last week also achieved the
completion of the rehabilitation and releasing of all child soldiers
numbering 294 to their parents legally through a court procedure. These
helpless victims of the war aged between 12-17 years were afforded a
Presidential pardon and provided facilities for their training to
integrate them into normal civilian life.
It would be appropriate to note that the draft of Sri Lanka’s
National Action Plan on Human Rights has been finalised and submitted to
the Cabinet of Ministers, who will refer the matter to a Select
Committee of Parliament for study and recommendation. The Victims and
Witness Protection Bill as amended will also be presented to Parliament
shortly. In addition, a special committee has also been established to
study the provisions of the Code of Criminal Procedure with a view to
addressing the issues of torture. The proposed amendments will
incorporate provisions for a duty attorney’s scheme. We are in the
process of studying ways and means of having a Press Council with
enhanced powers in keeping with other international regimes.
All these initiatives Mr. President, will undoubtedly contribute
positively to the post conflict development process in Sri Lanka, which
I am confident would be appreciated and acknowledged by this Council. My
delegation will continue to update the international community as we
progress further in our endeavours to consolidate peace, reconciliation
and greater social progress for the people of Sri Lanka.
My delegation wishes to make some observations with regard to the
references made by the High Commissioner in her statement on Sri Lanka.
We are of the view that the High Commissioner’s observations on the
Commission on Lessons Learnt and Reconciliation, which has just been
established, regrettably seeks to prejudge its outcome even before the
mechanism has begun its work, which is most disconcerting.
Armed conflicts
It may be opportune to remind ourselves of the Biblical saying “Let
him who hath not sinned cast the first stone.” We are sure that none of
us could boast the capacity to earn for ourselves a place in the litany
of the saints. However, every accommodation must be made possible, even
an endeavour to achieve goodness, and that is precisely what the
Government of Sri Lanka has sought to embark on, in a genuine sense of
reconciliation.
It is not unusual, Mr. President, that sovereign States having
emerged from protracted armed conflicts resort to domestic mechanisms,
as encouraged by the Secretary General of the UN himself, due to the
complexed nature of the issues at hand and their domestic relevance and
better understanding.
It is in this context that the Government of Sri Lanka has
consistently upheld and established a domestic mechanism for
transitional justice, rather than one with an international complexion,
which would impinge on the very sovereignty that was under threat for
nearly three decades.
Further, it is inappropriate to be wholly guided by precedent, that
too not having paid heed to connected issues, in order to keep
advocating for a so called “independent international accountability
mechanism” .
While history can be interpreted subjectively, its tenets remain
unshaken which should be understood before seeking it as a
justification.
In this context, it may be recalled that the Government of Sri Lanka
has delivered on related undertakings in the past.
In this instance too we will deliver on our commitment as the
domestic mechanism’s Warrant clearly provides for the identification of
direct or indirect responsibility, which would hold perpetrators, if
any, accountable for past violations, and will not be deterred by any
pressure or force in achieving a lasting peace for our people.
We say to those who are our protagonists let this process commence as
envisaged, observe its progress constructively and provide the necessary
space without unwarranted and misplaced rhetoric.
Permit the people of Sri Lanka and opportunity of achieving
sustainable peace.
It is disconcerting for the Government of Sri Lanka to be needlessly
confronted, at this time of a paradigm shift in the hearts and minds of
our people, by the observations in the High Commissioner’s statement,
after having taken concrete steps in keeping with domestic compulsions,
to address post conflict reconciliation issues.
My delegation looks forward to constructive engagement with the UN in
this regard. |