Minister tells Human Rights Council 17th Session in
Geneva:
Reconciliation process, govt’s priority
*Ninety-five percent resettled
*Ex-child combatants rehabilitated
*Development programmes in N-E
The process of reconciliation is a priority for the government as it
has everything to do with the people, who have now begun to enjoy the
dividends of peace, Plantation Industries Minister and Presidential
nominee for Human Rights Mahinda Samarasinghe told the 17th Session of
the Human Rights Council in Geneva yesterday.
Minister Mahinda
Samarasinghe |
He said the process needs to be sustained and gradually built upon.
In addition to the comprehensive programme of socio-economic development
in the former theatre of conflict, the government has commenced
discussions with Tamil political parties examining constitutional, legal
and democratic reform. “The government has also extended an invitation
to the Tamil diaspora to harness resources and talent for the betterment
of Sri Lanka especially in the Northern and Eastern Provinces. We
believe that of the challenges we place in the post-conflict phase
healing the wounds of the recent past is important to sustained
reconciliation,” the minister said.
The following is the full text of the minister’s speech:
“I wish to commend the constructive manner in which you, Mr
President, have been conducting the work of the Human Rights Council.
Our deliberations have been guided by you with sagacity and sensitivity,
aimed at achieving the objectives of our agenda in a fair and equitable
manner. You have the fullest cooperation and support of my delegation
for the work of the Council.
“Consequent to the liberation of our people from the clutches of
terrorism in May 2009, and mindful of the insurmountable challenges
faced in its aftermath the Government of President Rajapaksa has
embarked upon several initiatives in the areas of resettlement,
rehabilitation, economic development, reconstruction and reconciliation
to benefit those whose lives were affected by 30 years of conflict. In
the immediate aftermath, the government’s priority has been the
resettlement of the approximately 290,000 IDPs, while ensuring that they
are provided adequate shelter, food, security and livelihood support.
Today, 95 percent have been resettled.
It is envisaged to resettle the remainder, once the de-mining process
is completed.
“In addition to catering to the needs of the IDPs, considerable
action has been taken by the government to facilitate the restoration of
normalcy in the lives of the returning IDPs. To support the returnees in
their original areas of habitation, a large number of houses have been
constructed in the former theatre of conflict and distributed among the
resettling IDP families.
“With regard to rehabilitation, former child combatants have been
rehabilitated and have been beneficiaries of educational programmes
including vocational training. Of the 11,644 ex-combatants who
surrendered or were arrested at the end of the conflict, 6,530 have
already been rehabilitated and reintegrated into society. There is even
a large number who have qualified for admission to universities in the
country. The government is in the process of working towards the release
of all remaining ex-combatants undergoing rehabilitation on a staggered
basis, commensurate with their culpability with terrorist activity.
“Considering that large parts of Sri Lanka’s Northern and Eastern
Provinces were denied infrastructure development by the unlawful
presence and activities of the terrorists, the government is
implementing a comprehensive development programme, targeting these two
Provinces in particular, to enable their rapid reintegration and
contribution to the national economy.
“The process of reconciliation is priority for the government as it
has everything to do with the people, who have now begun to enjoy the
dividends of peace. This process needs to be sustained and gradually
built upon. In addition to the comprehensive programme of socio economic
development in the former theatre of conflict, the government has
commenced discussions with Tamil political parties examining
constitutional, legal, and democratic reform. The government has also
extended an invitation to the Tamil diaspora to harness resources and
talent for the betterment of Sri Lanka, especially in the Northern and
Eastern provinces.
We believe that of the challenges we face in the post-conflict phase
healing the wounds of the recent past is important to sustained
reconciliation.
“It is to address this challenge, Mr President, that the Lessons
Learnt and Reconciliation Commission (LLRC) was established in May 2010
by His Excellency the President founded upon the principle of
restorative justice, and focusing on identification of those responsible
for past events related to the conflict: Its work commenced three months
later.
“It is important to remember that this domestic process was
established and commenced work prior to the establishment of the
advisory Panel of the UN Secretary General. You will, no doubt,
appreciate, that the process of reconciliation must also involve truth,
justice and reparation.
The LLRC is proceeding in this direction as it has been engaging in
hearing the experience of affected persons, listening to their stories,
examining them to elicit the truth and draw possible investigative
material to enable further follow-up action.
“Despite the repetitive clarion calls for accountability, we have
taken on the responsibility to examine the conflict which lasted nearly
three decades, in a holistic manner, with a view to prescribing remedial
action that will prevent any further violence in our country. Having
commenced its substantive work in August 2010, this domestic process has
yet to complete one year, and similar processes elsewhere, as you very
well know, have taken far longer.
“In this context it is disconcerting to note the haste with which
some have sought to usurp the government of Sri Lanka’s prerogative in
deciding its domestic process. Undoubtedly, there is no one
international panacea that can be applied to such a complex set of
domestic issues. We firmly believe that our home-grown process is
capable of addressing the nuances of our unique situation.
The LLRC which was earlier scheduled to conclude its work this month,
has sought and received an extension of its tenure by six months, to
examine further relevant testimony and information which have come to
light. We urge those critics, through you Mr President, to desist from
arriving at hasty conclusions, and afford Sri Lanka the time, space and
opportunity it needs to complete our domestic process.
“Pursuant to the interim recommendations of the (LLRC) in September
2010, the Inter Agency Advisory Committee (IAAC) was established to
facilitate the expeditious implementation of LLRC recommendations. These
included matters related to the detention of ex-combatants, land, law
and order, administration, language, socio-economic and livelihood
issues. The IAAC has facilitated the establishment of a speedy mechanism
to which the LLRC can channel the complaints received with a possibility
of immediate investigation and remedial action. The Attorney General in
this regard, is empowered to institute criminal proceedings based on the
material collected during the course of the sittings of the LLRC. It is
with great satisfaction that we note the expeditious implementation of
the recommendations made by the LLRC.
“Some of the recommendations already implemented include the
reduction of High Security Zones, the closure of the Omanthai detention
centre, the release of a large number of ex-combatants, the resolution
of land disputes and the swift steps taken to ensure that no groups
carry firearms with a deadline for the surrender of illegal weapons.
“As I informed this august body in March, Sri Lanka’s steadfast
commitment to the further promotion and protection of human rights is
enshrined in the proposed National Action Plan for the Protection and
Promotion of Human Rights. This action plan was developed through a
consultative, participatory process which included the participation of
civil society actors on an equal footing with government. I am pleased
to announce that this Action Plan has now been submitted to the Cabinet
of Ministers for their consideration.
“With the adoption of the 18th amendment to the Constitution of Sri
Lanka in September 2010, work has commenced to establish the independent
Commissions. Among these are the Permanent Commission to investigate
allegations of bribery and corruption, the Public Service Commission and
the Finance Commission. As I informed this Council in March 2011, the
Human Rights Commission of Sri Lanka has been re-established and is now
fully functional. The Human Rights Commission has, in fact, just taken
proactive steps to inquire into allegations of rights violations of
persons affected by the conflict, including the displaced.
“I believe it is appropriate to share our perspective on the UN
system, considering that Sri Lanka has been an active member of the
World Body. Sri Lanka takes seriously its rights, obligations and duties
and accords great importance to its engagement with the United Nations
system and especially with this august body.
It is in this spirit of constructive engagement that we have
periodically kept the Member States, Observers and the High Commissioner
for Human Rights briefed throughout on the conflict and post conflict
developments and measures put in place to promote and protect human
rights in Sri Lanka.
In addition, we submitted ourselves to the UPR and have been actively
participating in the examination of Sri Lanka’s reports to treaty bodies
in keeping with its obligations. Further, UN personnel and the
international community directly participated in such bodies as the
Consultative Committee for Humanitarian Affairs. We look forward to
continuing our dialogue with the Council, the High Commissioner and all
special procedures and mechanisms in a spirit of mutual respect,
openness and constructive cooperation.
“It may be recalled that I informed the council of the domestic
process that the government of Sri Lanka has put into place to move
towards reconciliation. Despite the fact that this domestic process had
commenced its work, a decision was taken to appoint a panel of experts
solely for the purpose of advising the UNSG.
“Sri Lanka however, regrets the procedural and substantive anomalies
in the manifestly flawed report ostensibly compiled as an advisory
document to the highest office of the UN, invoking a procedure outside
the established intergovernmental process. Consequently in an unusual
turn of events the report was made public simultaneously with a
statement being issued that the report was being carefully reviewed. “I
would strongly commend to this Council that this kind of irregular
practice be discouraged as this might well lead to established procedure
being circumvented arbitrarily. It is also regrettable that the Panel
has acted outside its jurisdiction in excess of its mandate.
“Moreover, Mr President, statements attributable to the Office of the
High Commissioner having worryingly given rise to misgivings as to a
lack of objectivity and contain prejudgment of the domestic mechanism
established by the government, even before it has concluded its work.
It is undeniable that the humanitarian operations in Sri Lanka
resulted in the rescue of over 290,000 persons - innocent civilians -
held hostage by a terrorist organization proscribed in over 30
countries. It is well to remember that in the wake of the September 11
tragedy, the UN invoked the right of self-defence and called upon the
international community to neutralise or combat such terrorism by
non-state actors by its resolutions 1368 and 1373 of September 2001.
“The humanitarian operation was therefore a part of an act of the
sovereign and its people in the wake of terrorist aggression. It is
equally undeniable that Sri Lanka has taken definite steps at great cost
to resettle and rebuild the lives of the people in the conflict-affected
area. Finally, it is readily apparent to all that the military
capability of the terrorists to launch any offensive against the people
and Government of Sri Lanka has been completely degraded.
“Therefore, the recent characterization by the HCHR of the very
nature of the operation as one which was conducted “under the guise of
fighting terrorism”, is most unfortunate. Such a characterization is
wholly misplaced, as the community of nations was well aware that Sri
Lanka was combating one of the most ruthless terrorist organisations in
the world.
“These statements also concluded that the conflict cost the lives of
tens of thousands of civilians - the basis for such a statistical
assumption not being revealed.
“Unverified information being used in this manner is totally
unwarranted and gives rise to serious concerns as to whether the Sri
Lankan situation is being considered in an objective manner. Mr.
President, having regard to the vicissitudes of the manner in which Sri
Lanka has been treated we seek the equal protection of the UN system in
our engagement.
“It is of paramount importance that high offices of the UN System are
scrupulously impartial, independent and transparent, and are seen to be
so. Any perceived lack of these fundamental characteristics would affect
the effectiveness of such critical institutions.
The work of the Special Procedure mandate holders and working groups
being facilitated by the OHCHR, could also be seen to be compromised by
such perceived shortcomings. It is also of concern to Sri Lanka that,
while there has been robust engagement with the intergovernmental
processes of the United Nations, any move to undermine it through
attempts to formalise initiatives which arose outside intergovernmental
processes, will entrench patently flawed procedure. We have every
confidence that such unusual procedures will not find accommodation
within this Council.
“In conclusion, Sri Lanka looks forward to continuing its
constructive dialogue in the spirit of respect, cooperation and
reciprocity with the HRC in particular, the UN system in general and its
other international partners.” |