Current developments in Sri Lanka
I wish to commend the manner in which you, President, have been
conducting the work of the Human Rights Council. Our deliberations have
been guided by you with skill, aimed at achieving the objectives of our
agenda in an equitable manner for all. You have the fullest cooperation
and support of my delegation to the work of this body, and especially as
we have embarked on an evaluation, five years into its establishment.
Minister Mahinda Samarasinghe |
My delegation appreciates your leadership of the review process of
the HRC. Sri Lanka has engaged in this process both in its national
capacity and through the Non Aligned Movement with a view to further
strengthening the work and the functioning of this body.
Humanitarian operations
On this occasion, as in the past, I have taken the opportunity of
meeting the High Commissioner and briefing her on the current
developments in Sri Lanka. My delegation looks forward to constructive
engagement with the High Commissioner.
The massive humanitarian operations that were conducted during the
final stages of eradicating terrorism, focused on ensuring the safety
and security of all civilians and on their rescue from the bondage of
terrorism. Expectedly the State, complemented by bilateral partners,
multilateral agencies and international and local non-governmental
organizations, began delivering on its responsibility of caring for
approximately 300,000 displaced persons.
In the post conflict period, the Government has been engaged in the
most challenging task, firstly, of catering to the needs of Internally
Displaced Persons (IDPs) and thereafter returning to their homes and
reintegrating them into society. Only a total of 12,000 IDPs remain in
three welfare villages functioning in Vavuniya and Jaffna, at present.
They will be resettled in their places of origin no sooner the on-going
demining operations are complete.
Considerable actions have been taken by the Government to facilitate
the restoration of normality in the lives of the returning IDPs. These
returnees were each provided with a ‘package of support’ containing food
items, material assistance to rebuild houses, irrigation and livelihood
support including the provision of land for cultivation and special
credit schemes on favourable terms, to ensure their integration into the
national economy. Undoubtedly the resettlement process has its
challenges, which are addressed when they arise.
Protection of Human Rights
Sri Lanka’s steadfast commitment to the further promotion and
protection of human rights is enshrined in the proposed National Action
Plan. The process of formulating this plan, which prescribes progressive
benchmarks to be achieved during a five-year period, is nearing
completion, with its implementation to commence in the near future. It
is our expectation that the holistic approach we envisage in this Plan
encompassing the promotion and protection of all rights, would also
supplement the ongoing post-conflict reconciliation process.
The methodology that was adopted in formulating the Plan is
significant in that, it is based on a participatory approach, which
included civil society organizations. Consequent to stock taking of the
human rights situation in the country, eight thematic areas were
identified. The process involved an examination of Sri Lanka’s UPR,
including civil society submissions and recommendations of UN human
rights mechanisms over the past 10 years.
Drafting Committees on which Government and civil society were
equally represented, also considered several proposals, which have been
reviewed by an Inter-Ministerial Committee towards them being
prioritized and fine-tuned. To ensure meaningful and effective
implementation of the Plan, a process that provides for the input of all
stakeholders including those who will assume responsibility for its
implementation, was adopted. Due to the primacy of ensuring monitoring
and evaluation, an important feature of the Plan is the inclusion of
measurable indicators and an identification of responsible actors. While
this process has been time consuming, we believe that process is as
important as the final product. This will shortly be submitted to the
Cabinet of Ministers, followed by the launch and implementation in the
ensuing months.
The Bureau of the Commissioner-General of Rehabilitation has been
further strengthened with a full time Commissioner-General, vested with
the special mandate of rehabilitating and reintegrating the 11,696
ex-combatants who were submitted to custody at the end of the armed
conflict following due process, which included 594 child combatants.
Development Programs
Minister Mahinda Samarasinghe at the 16th Session of the
United Nations Human Rights Council
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The national program entitled; Way-Forward on Rehabilitation,
Reinsertion and Reintegration (W-RRR), has been formulated based on our
own experiences and national and international practices. This program
treats the ex-combatants as “beneficiaries” and implies a move towards
not only changing the physical environment of the ex-combatants but also
their socio-cultural outlook. Approximately 5,764 of these
“beneficiaries” President, have been released and reintegrated following
rehabilitation. Only 4,599 “beneficiaries” are currently in
rehabilitation centres.
We have now begun to reap the dividends of peace exemplified by a
large number of development programs to enable the economic uplift of
our people. This will underpin and sustain their eventual political
empowerment. These development programs have been acknowledged
internationally and have been reflected in various global economic and
social indicators. The Economist Intelligence Unit ranked Sri Lanka as
the second fastest growing economy in the world and we now enjoy
middle-income emerging market status. Sri Lanka’s economy grew last year
at nearly 8 percent and the Government is conscious of the need to
ensure that the benefits of growth are equitably spread across the
country. The poverty rate, which was 15.2 in 2006 during the conflict,
was halved and stood at 7.6 in 2009, after the end of the conflict. This
is the result of political, economic and social stability achieved after
30 years of armed conflict. The high level of investment by Government
in this connection will continue unabated.
The government has embarked on an ambitious development program in
the previously war affected Northern Province and Eastern Province
including several infrastructure projects. Restoration of the Jaffna-Colombo
railway, which was destroyed by the terrorists during the conflict, has
commenced. The road network which is being repaired and upgraded,
including, as part of the Northern Development Program the Sangupiddy
Bridge, a second connection between the mainland and the Jaffna
peninsula, was completed last month, reducing the travel distance
between the north and south by 110 kilometres.
In order to meet the increased demand for power, the construction of
a 500mw thermal power plant in the Eastern city of Trincomalee is
proposed. Telecommunication facilities have been expanded across all the
districts of the Northern Province and Eastern Province. To further
facilitate livelihoods and economic activity in the region, vocational
training and access to credit through expansion of the State and private
banking network, have been significantly enhanced. It is relevant to
point out that the bulk of the vast resources for this accelerated
program has been borne by the Government of Sri Lanka. This demonstrates
the commitment of President Mahinda Rajapaksa’s Government to meet and
overcome some of the post conflict challenges.
As we informed this body last year, an important step in the
Government’s reconciliation program is the “The Lessons Learnt and
Reconciliation Commission” (LLRC), appointed by the President. This
Commission commenced its work in August 2010 with an emphasis on
restorative justice. It will also focus attention on determining
responsibility regarding past events related to the conflict. The
mandate of the Commission has been extended, given the larger number of
persons seeking to testify before the LLRC.
The LLRC has conducted several public hearings in Colombo and in the
areas of the former theatre of conflict in the North and the East, with
a view to obtaining views and accounts of people impacted by the
conflict. LLRC hearings have also been held in places of detention,
rehabilitation, and IDP welfare centres in the conflict affected areas,
and have been recently concluded.
IAAC
Another significant milestone in the work of this Commission has been
the establishment of the Inter-Agency Advisory Committee (IAAC) under
the chairmanship of the Attorney-General. The Commission has been able
to use the mechanism of the IAAC to facilitate early implementation of
its interim recommendations.
These include, seeking measures for the speedy disposal of cases
relating to persons in detention in keeping with due process, to ensure
family members are informed in the event of the change of location of
detention, use of private land in former conflict areas, and the
disarming of any remaining illegal armed groups. Further, administrative
changes relating to the use of both official languages in business with
Government and facilitation of closer interaction between people and
provincial authorities, as guaranteed by the Constitution, have also
been recommended. Towards the implementation of these interim
recommendations, the Government of Sri Lanka has sought the transfer of
676 ex-combatant detainees for rehabilitation and subsequent release.
This reduction will make it possible to close one of two detention
centres in the country. Additionally, the collection of unauthorized
weaponry is an on-going process that began in the East and is continuing
in the North. The High Security Zones are being progressively reduced in
extent and land in these areas is available to be restored to its
rightful owners.
We note with deep concern that remnants of the defeated Liberation
Tigers of Tamil Eelam’s (LTTE) international network continue its
criminal activities and its secessionist agenda. With the Group
remaining a proscribed terrorist organization in a number of countries
we are pleased to note that pro-LTTE groups, their associates and
operatives are being held accountable for their unlawful activities by
those Governments. I would hasten to strike a note of caution against
being lulled into a sense of complacency as we have learnt that the
unlawful activities of the groups continue to this day.
I would like to share some of the very recent developments in this
context. Recently, the authorities of a country arrested 10 individuals
and searched 23 premises, in a coordinated operation. Those arrested are
members of this terrorist group and are accused, amongst other offences,
of money laundering and membership of a criminal organization. In the
course of the investigation it has been substantiated that the Tamil
diaspora had been forced to financially support this terrorist
organization. The accused have compelled other members of the Tamil
diaspora, to borrow excessive amounts of money on their behalf.
Also in another country, a member of the Tamil Coordinating Committee
and three others have been indicted on terrorism related charges
pertaining to the alleged purchase of equipment for the terrorist
organization.
Tamil movement
In yet another country, recently, funds of the World Tamil Movement
have been frozen following links to this terrorist movement. In the past
other countries have also taken action and we express the hope that the
international community continues to remain vigilant in order to prevent
this kind of activity, which could destabilise a sovereign nation.
It is against this backdrop that clarion calls for the rollback of
our Emergency Regulations (ERs), must be considered. While Sri Lanka has
taken extensive measures since the end of the conflict to repeal nearly
80 percent of the provisions of its ERs, the bare minimum that remains
are required as safeguards against such ongoing unlawful activities of
this group.
Moreover, the Government is continuing to closely monitor the
situation in order to repeal the remaining provisions in a manner that
does not compromise national security. We believe that it is our
authorities which would be the best placed in making this judgement. We
assure the Council that the rollback process of the ERs will be
concluded in an appropriate and timely manner.
President Rajapaksa in his address to the UNGA in October 2010
observed that, and I quote “a great deal has been said by those beyond
our border about our Tamil community. Let me be clear, no nation on
earth can wish Sri Lanka’s Tamil community more good fortune than Sri
Lanka itself, I say, do not allow yourselves to become an instrument of
division, hate and violence, to be used as an enabler for hatred to be
reborn in another form. Rather come, let us join hands, and break the
bonds of mistrust to rise to new horizons. Sri Lanka recognises the
challenges we face among the greatest of which is healing the wounds of
the recent past. Over the past year, many expatriate Tamils visited Sri
Lanka and re-united with their families, unhindered by a situation of
violence.
The Tamil political mainstream is now fully engaged with the
Government as part of a wider group - the Tamil Political Parties Forum
in an ongoing dialogue on economic development, and legal and
Constitutional reforms. Having met twice already, they are scheduled to
meet again early next month.
In the course of 2010 and 2011, Sri Lanka’s reports to three of the
treaty bodies, namely the Committee on the Rights of the Child, the
Committee on Economic, Social and Cultural Rights and the Committee on
the Elimination of Discrimination Against Women were examined. The
Government is examining the recommendations of the respective committees
in order to implement them as appropriate under the aegis of the
National Action Plan. This is indicative of Sri Lanka’s continuous
commitment to engage and cooperate with the United Nations system and
its mechanisms for the promotion and protection of human rights.
In conclusion, Sri Lanka looks forward to continuing its constructive
dialogue in the spirit of cooperation with the HRC and other
international partners, in a spirit of mutual respect. |