Steady implementation of LLRC recommendations - Part II:

Massive development in the North

Statement by Mahinda Samarasinghe, MP, Minister of Plantation Industries and Special Envoy of the President on Human Rights, leader of the Sri Lanka delegation to the 19th Session of the United Nations Human Rights Council High Level Segment on February 27 in Geneva

The civil service in the North and the East is largely representative of the Tamil and Muslim communities.

Chief Secretary/Northern Province and three out of the five District Secretaries/Government Agents in the North, i.e., in Jaffna, Vavuniya and Kilinochi, are Tamil women civil servants, while the other two are Tamil males. The Chief Secretary of the Eastern Province is also from the Tamil community. It may be noted that the present District Secretary/Government Agent of Jaffna District served in the same capacity in the Mullaitivu district when it was under the LTTE's control.

Minister Mahinda Samarasinghe

Allied with this is the sometimes contentious issue of language. Sri Lanka has an official languages policy in place which gives equal place to the Sinhala and Tamil languages, mandated by the constitution. The right of all persons to function and communicate in a language of their choice is constitutionally entrenched.

The Trilingual Policy, announced by the government in January 2012, will further consolidate the implementation of the Official Languages policy and make a valuable contribution to building bridges between the communities and strengthening national unity.

This is a key component of the reconciliation process and language was an important focus of the LLRC's recommendations. More than 1,600 Tamil speaking police officers have been recruited already, and the Tamil language capability of public servants and the police will be further enhanced in the future.

Internally Displaced Persons

It is a matter of great satisfaction to the government that our rapid and orderly process of resettlement of Internally Displaced Persons (IDPs) has been recognized and commended internationally. Out of over 290,000 IDPs housed in welfare centres at the end of May 2009, only 6,647 IDPs remained to be resettled by the end of 2011. The government has spent over USD 360 million on its resettlement programme.

We will continue with our commitment to resettling all IDPs, including those termed ‘old IDPs’ who were displaced prior to April 2008. The United Nations OCHA Joint Humanitarian and Early Recovery Update for November and December 2011, records that by the end of December 2011, 421,056 people (belonging to 126,524 families) had returned to the Northern Province. This figure includes 223,745 people (70,625 families) displaced after April 2008 and 197,311 persons (55,899 families) displaced before April 2008. Further efforts to identify and assist IDPs in situations of protracted displacement to achieve durable solutions are ongoing.

LTTE ex-combatants

The de-mining of former conflict-affected areas was carried out at a pace comparable with the best achievements in the world. The government has at present demined 1,412 square kilometres out of the 2,046 square kilometres that were contaminated with landmines. More than 42,000 Antipersonnel Mines and 227 Antitank Mines, and more than 15,000 items of Unexploded Ordnance have been recovered from these areas.

The Sri Lanka Army is responsible for around 80 percent of the successful demining operations and is supported by other agencies. It may be noted that with the establishment of the National Mine Action Centre under the Ministry of Economic Development in 2010, all coordination related to mine action and mine risk education come under the purview of civil administration.

With regard to rehabilitation of LTTE ex-combatants, out of nearly 12,000, less than 900 remain in rehabilitation centres. Psycho-social care has been provided to all, including counselling and drama, dance and music therapy. Spiritual and religious programmes have also been conducted. Adult cadres have been provided with extensive vocational training making them employable and potentially useful members of their communities. Those ex-combatants still to complete the process of rehabilitation remain in the Protective Accommodation and Rehabilitation Centres (PARC) established by law. The 595 LTTE child soldiers who were in government custody have been rehabilitated under a UNICEF-assisted programme without setting in motion any criminal procedure, and returned to their families within one year. Several have successfully passed their Advanced Level examination last year, some having even gained entry to undergraduate programmes.

In accordance with established practice of post-conflict decommissioning, the government has institutionalized a process with legislative oversight, to continuously record specific details on the number of weapons recovered, in order to bring about an end to the possession of unauthorized weapons. This will have important implications for human security in general and positively impact on the law and order situation as well.

Foreign investors

Economic development continues to play a pivotal role in the reconciliation process and the return to normalcy. Massive infrastructure and development programmes are underway in the former conflict-affected areas of the Northern and Eastern Provinces. The government has embarked upon 27 donor assisted projects of which 23 are implemented in the North and the East to develop infrastructure including housing, roads, bridges, schools, hospitals and irrigation schemes, valued at approximately USD 201 million for the year 2011 alone. Of the above projects, seven are categorized as large projects, each valued at above USD 50 million per project. The total allocation for infrastructure development in the Jaffna district in the Northern Province is USD 300 million, while USD 250 million and USD 150 million have been invested in development projects in the Killinochchi and Batticaloa districts, respectively.

Since the end of the conflict, a 22 percent economic growth has been recorded in the Northern Province, while Sri Lanka's overall GDP recorded around 8 percent growth in 2011. In terms of investment promotion, the Atchchuveli Industrial Zone, which is being developed in a 25 acre land area is expected to attract approximately 40 local and foreign investors and to generate employment to over 6,000 persons. A further 67 acres is scheduled to be added in the second stage. The Palaly airport - which is to be upgraded, and the Kankesanthurai (KKS) harbour - are located less than 10 kilometres from the Industrial Zone, thus providing additional logistical advantages to investors. The Zone will enable small and medium enterprises to better tap into the post-conflict opportunities in the country.

Parliamentary Select Committee

The reconstruction of the Northern railway line which was totally destroyed by the LTTE, is currently under way. Both initiatives are supported by assistance from the government of India. The rail link from Omanthai to Pallai and on to KKS, will provide connectivity and linkage to markets to the Northern province.

A Vocational Training Institute on par with international standards and certification that is being set up in Kilinochchi under the purview of the Ministry of Youth Affairs and Skills Development with assistance from Germany, will enhance the skill levels and the employment opportunities of the youth in the Northern province. We acknowledge with appreciation the assistance that has been received from several other countries.

The peace we have won at such cost to the nation and its people will not be a genuine peace until and unless the legitimate aspirations of all communities are met in a substantive and satisfactory manner. The consensus formula to the national question thus evolved, needs to be democratic, pragmatic and home-grown, in order to be sustainable. As a central feature of the government's approach to evolving such a process, a Parliamentary Select Committee (PSC) is contemplated to achieve multi-party consensus in respect of constitutional changes, to fulfil the legitimate aspirations of the Sri Lankan people enabling them to work in unison and with a sense of national identity for a better tomorrow.

Parallel with this multi-party mechanism, the government has commenced bilateral discussions with Tamil political parties as well as Muslim representation. The government has already nominated its members to the PSC and is awaiting the nomination of members representing the Opposition, after which its sittings can commence.

We are mindful that all previous attempts at evolving a constitutional formula have failed due to lack of consensus. We are optimistic that the Parliamentary Select Committee process would help achieve such a consensus, given its inclusivity and transparency and commitment to democratic ideals.

With regard to Sri Lanka's international commitments to safeguard and promote human rights, it may be noted that it has voluntarily engaged with UN mechanisms including special procedures and treaty bodies. In this regard, Sri Lanka constructively engaged in the consideration of the third and fourth Combined Periodic Reports on Sri Lanka to the Committee Against Torture in December 2011. Sri Lanka will also engage with the Working Group on Enforced and Involuntary Disappearances at its 96th Session in Geneva in March 2012. Sri Lanka's National Report will be considered in October 2012 during the second cycle of the Universal Periodic Review, which will provide an opportunity to comprehensively discuss the progress made over a four-year period, as well as issues related to reconciliation. Our efforts are directed towards engagement at this next cycle of the UPR. Any and all questions pertaining to developments after 2008 may be raised there and will be fully and fairly answered.

International community

We have also continued to engage in Geneva and at other international fora and briefed the international community about our progress, problems and solutions that we have devised. We have hosted several high profile officials from several countries to visit Sri Lanka to view the reconstruction work. We continue to engage the international community by inviting them to witness first-hand the progress being made on the ground.

Domestically, very specific measures have been adopted by the government to safeguard human rights. It may be recalled that during Sri Lanka's last engagement with the UPR process in 2008, it pledged to devise a five-year National Action Plan for the Promotion and Protection of Human Rights. We have worked hard on delivering on that pledge through a participatory process involving government and civil society. The result is the National Action Plan for the Promotion and Protection of Human Rights which was approved by the Cabinet of Ministers in September 2011.

We are now at the implementation stage of the Action Plan, including monitoring and evaluation. The Action Plan presents a structured framework to monitor the implementation of existing laws, policies and practices and to enhance a better understanding and respect of human rights. It addresses eight areas, viz, civil and political rights, economic, social, and cultural rights, children's rights, labour rights, migrant worker rights, prevention of torture, women's rights and the rights of IDPs. We have completed the very first activity identified in the Plan which is the appointment of a sub-Committee of the Cabinet that will oversee its implementation. At the operational level, I will Chair a body of senior officials of institutions that will be charged with implementation.

OHCHR budget

Sri Lanka is firmly committed to strengthening the international human rights system. We are appreciative of the important work being carried out by the treaty bodies for the promotion and protection of human rights. We welcome the initiatives undertaken to strengthen the treaty body system, given the current challenges faced in terms of resources and the increase in their work load. We are however firmly of the view that such should be achieved through an intergovernmental process, which is both transparent and inclusive, and based on a legal mandate. We are also of the view that greater synergy and harmonisation between, and not just within treaty bodies, but also with other human rights mechanisms such as the UPR and special procedures, is necessary to yield optimum results and to minimise duplication.

Similarly, Sri Lanka is deeply concerned to observe the continuing imbalance between the assessed and voluntary contributions to the OHCHR budget. We are of the view that voluntary contributions should be subject to the same level of intergovernmental scrutiny and oversight as the regular budget. We continue to support initiatives in this regard in the Sixth Committee as well as through constructive engagement with the OHCHR, with a view to ensuring that the principles of accountability and transparency are institutionally entrenched in the work of the Organization.

External challenges

In light of Sri Lanka's demonstrated commitment to an internal reconciliation process, including the implementation of the range of recommendations of the LLRC by the adoption of a road map for implementation as I outlined earlier, its continued engagement with the Member States of the Council and its participation in dialogue with treaty bodies and through modalities such as the UPR, the persistent request for engagement within the formal processes of the Council by some states can only be viewed with misgivings. We are of the view that this could be perceived as undue interference with internal processes of recovery and reconciliation containing strong elements of prejudgment and the application of double standards. Given our bona fide actions on the domestic and international plane, this action would not be in keeping with established international procedure, where domestic processes must be exhausted before resorting to review before external fora.

We must keep in mind that one of the major external challenges that Sri Lanka is faced with in the post-conflict context, is that the remainder of the terrorist organization identified as the world's most ruthless, is proscribed by 32 countries including the US, Canada and Member States of the EU, are still active in some countries and are engaged in clandestine activities, including fund raising, money laundering, drug trafficking and human smuggling. They also wield considerable electoral and political influence in their host countries due to the concentration of large numbers in key population centres. They continue to advocate mono-ethnic separatism in Sri Lanka, while espousing a separatist ideology of the terrorist group, using the latter's resources and being manipulated by its surviving leadership. They also resort to exploiting the electoral influence of the expatriate Sri Lankan Tamil community living in these countries. It is unfortunate that this group of the defeated terrorists, by attempting to pursue punitive action at the Human Rights Council through some of their host governments, should actually be resorting to undermining the genuine reconciliation process underway in Sri Lanka.

Domestic process

We categorically reject such undue pressure from sections of the international community which have fallen prey to the propaganda, coercive tactics and electoral pressures of these elements. We are conscious of their need to portray a negative picture of Sri Lanka and unreasoning pessimism in order to justify their continued presence in these host countries. Instead of accepting our President's invitation to become constructive partners in development and building a renewed Sri Lanka, it is most regrettable that these elements devote their time, effort and resources in defaming their motherland and denigrating the genuine efforts of the government to consolidate peace, development and prosperity for all Sri Lankans.

We as a government, therefore, question the value addition of internationalizing through seeking to deliberate upon an effective ongoing domestic process in international fora. Such endeavours would only serve to detract from an expeditious resolution of the issues at hand. We also wish to emphasise that action initiated in the promotion and protection of human rights in a member state, must have the consent of that state and be based on the principles of cooperation and genuine dialogue. We have good examples today of instances where this cardinal principle has been violated, and where even the application of a multiplication of special initiatives has nevertheless failed to establish peace, and has only contributed to exacerbating and at times externalising conflict situations.

Separatist terrorism

It should be apparent, therefore, that Sri Lanka is best placed to successfully conclude a home-grown process of reconciliation acceptable to, and benefitting all of its people.

It is most pertinent to state that any home grown process would take into account the culture, the values, traditions, customs and history of its people. Therefore, it is of critical importance that Sri Lanka be provided with the time and space required to continue with its genuine national endeavours towards achieving this objective. We therefore urge the Council to be guided by the principles in the UNGA Resolution 60/251, and reiterate the importance of ensuring adherence to cardinal postulates of universality, objectivity and non-selectivity in the consideration of issues in the promotion and protection of human rights. It is our sincere hope that all those who wish Sri Lanka well, would view progress made so far as a catalyst, and continue to engage with us in a constructive spirit. The people of Sri Lanka expect and deserve no less.

In conclusion, I must point out that Sri Lanka rooted out and destroyed domestic manifestations of separatist terrorism largely on its own with the assistance of a notable few international partners. Those who did assist - materially and otherwise - know that their contribution to eradicating this 30 year conflict, is acknowledged with deep and abiding gratitude. Similarly, our Asian regional partners among others are contributing to the massive recovery process in the aftermath of the conflict. They too are acknowledged with sincere appreciation. However, it is regrettable that some of those members of the international community that are among the shrillest and loudest voices in support of various causes in post-conflict Sri Lanka - who raise a clamour over civilian welfare, women's rights, displaced persons, children, minorities and a host of other issues - are among the least forthcoming in term of real assistance to the recovery effort.

The government of Sri Lanka, the United Nations and international and national NGOs entered into a tripartite agreement that represents a coordinated and cooperative initiative aimed at recovering from the armed conflict and safeguarding the human rights of those affected. It is named the Joint Assistance Plan for the Northern Province which, at the end of 2011, had only received approximately a meagre 35 percent of the required funding for that year. One hopes that these nations, given their ostensibly deep and abiding interest evinced in protecting human rights in Sri Lanka, would find it able to assist the civilian population especially in the conflict affected areas.

Delivering homilies about human rights in Sri Lanka at fora such as these would be much more meaningful if they were supported by real and substantial cooperation and assistance in keeping with this Council's Resolution on Sri Lanka in 2009. Enabling a member state to overcome the undoubted challenges it faces in reconciliation and restoration of normality and productive civilian life - particularly amongst those worst affected by the scourge of terrorism - would be much more tangible and helpful to all concerned, rather than the mere repetition of unsubstantiated allegations and unconscionable finger-pointing directed at Sri Lanka.

As ever, my delegation and I, assure you of our fullest cooperation in conducting the work of these sessions.

Thank you.

Concluded