Reaching the peak of human rights protection Sandasen MARASINGHE Since he assumed the duties, President Mahinda Rajapaksa has taken utmost pains to establish a strong foundation of human rights. While the humanitarian operation was in full swing, President Rajapaksa assigned Minister Mahinda Samarasinghe to handle human rights issues. Daily News spoke to Minister Samarasinghe on his experience with working under the President. President Mahinda Rajapaksa meets UN Secretary General Ban Ki Moon It is my privilege to recall, on this most auspicious of occasions, the contribution that President Mahinda Rajapaksa has made to the sphere of human rights in Sri Lanka. It is merely six years since President Rajapaksa took office but we have, as a country, journeyed far under his inspiring leadership. He provided us with the means of overcoming the greatest threats to human rights – terrorism and conflict. It was his unswerving commitment to defeat the forces of terrorism that enabled Sri Lankans from the North, South, East and West, to breathe the air of true freedom. An entire generation of our people had grown up knowing nothing but terrorism and the fear of violence; a terrible fate which we will fortunately not bequeath to succeeding generations due to President Rajapaksa’s clarity of vision and the heroic sacrifice of many. We have, in a relatively brief period, guaranteed to all our people the freedom from fear – one of the integral components of human rights. It is the President’s dedication that enabled us to take such giant strides forward as a people and as a nation. The nation’s mind is now focused on the corresponding freedom - that is the guaranteeing of the freedom from want. President Rajapaksa’s vision in this respect is based on fostering speedy economic growth which will benefit the people of this country who have, for too long, been deprived of the fruits of equitable, inclusive and participatory development. In a time of global economic instability, that has adversely affected many advanced nations, we have managed to achieve around 8 percent growth in our gross domestic product (GDP) despite the necessary investment in post conflict reconstruction and restoration of conflict affected areas. The nation’s mind is now focused on the corresponding freedom - that is the guaranteeing of the freedom from want. President Rajapaksa’s vision in this respect is based on fostering speedy economic growth which will benefit the people of this country who have, for too long, been deprived of the fruits of equitable, inclusive and participatory development. Minister Mahinda Samarasinghe We are confident that the Sri Lankan people, irrespective of ethnicity, language, creed, culture or geographical location, can enjoy economic wellbeing and the opportunity to aspire to upward mobility and prosperity. Poverty is one of the most debilitating factors when it comes to enjoyment of human rights. The high-flown theoretical rhetoric on human rights means very little if the deficiency of basic necessities and the lack of choice are a reality in the ordinary person’s existence. This is the challenge that President Rajapaksa has taken on and tasked his Government to deal with. The association of President Rajapaksa with human rights issues is not a recent phenomenon. As an Opposition politician and a member of the legal fraternity, he took pains to seek redress for the victims of the violence of the late nineteen-eighties. He personally brought cases of disappearance, extra judicial executions and other human rights violations to the attention of the international community. He transmitted evidence of these violations to international human rights bodies and sought relief for those who suffered during a dark period of our nation’s history. He was a leader of a movement that gave voice to the voiceless amidst a climate of fear and repression. These principles characterize his leadership to this day. Even when the armed conflict was thrust upon us in 2006 due to the mala fide actions of the Liberation Tigers of Tamil Eelam (LTTE), President Rajapaksa did not overlook the importance of ensuring the rights of ordinary citizens. The Presidential Directive on Arrest and Detention was issued in that year and reissued in 2007. This was communicated to the security forces and police and provided an important safeguard against abuse of human rights. Moreover, President Rajapaksa fully endorsed the Consultative Committee on Humanitarian Assistance (CCHA), which I chaired throughout the period of armed conflict: a mechanism that brought together key agencies of the Sri Lankan Government, bilateral and multilateral partners, to ensure that the needs of the civilian populace in the conflict-affected areas were fully met. President Rajapaksa’s dedication to human rights protection was not limited to mere practical short-term measures. In his 2005 manifesto, “Mahinda Chintana”, he pledged to formulate a new Bill of Rights to be incorporated into the Constitution in keeping with our international commitments. He tasked the former Ministries of Disaster Management & Human Rights and Constitutional Affairs & National Integration with delivering this draft. After four years of effort and consultation of some of the foremost experts in the country I, as Minister in charge of the subject of human rights, was pleased to receive a comprehensive draft that was fully in accord with the international human rights conventions that we are State Party to. This was duly submitted to the President for his consideration. Several aspects of this initiative have been incorporated into the National Human Rights Action Plan on the Promotion and Protection of Human Rights (NHRAP) which will be launched in the near future. It is well known that the LTTE’s international lobby, its support groups and elements among the Tamil diaspora brought intense pressure to bear on Sri Lanka during the armed conflict’s final phases and in its aftermath. Politicians and policy makers in Western countries were pressured to call a halt to the humanitarian operation. After the end of the conflict, these groups are now engaged in another campaign to impede the reconciliation and reconstruction processes and to denigrate the achievement of the Government and security forces in defeating terrorism. Throughout that period and even to this day, I have been engaged in countering this vicious propaganda and slanderous campaign against Sri Lanka – formerly as Minister for Human Rights and now as Special Envoy of the President. At every critical point during the past six years, I sought the advice and guidance of President Rajapaksa who has given me the backing and support that helped us achieve the several victories Sri Lanka has gained in Geneva and at other international human rights forums. President Rajapaksa has set in motion a process of reconciliation and renewal. Human rights protection will form an integral part of this exercise. One of the most significant of our efforts in this regard has been the NHRAP – which has been endorsed by the Cabinet and which we will very shortly commence implementing. During the process of formulation, in furtherance of a pledge made to this effect in 2008 in the UN Human Rights Council in Geneva, I consulted the President at every juncture, benefitting from his vast experience in this sphere. The Action Plan, including and enhanced by constitutional reform, will enable us to move forward, during the ensuing five years, in a structured and systematic manner to ensure that our people benefit from improved promotion and protection of human rights.