Right of reply by Sri Lanka:
LLRC - one of many reconciliation processes
Sri Lankan permanent representative in Geneva Tamara Kunanayakam
exercising her right to reply to the comments made on Sri Lanka by the
European Union, Norway, France, Canada, Belgium, UK, Ireland, and
Australia, under Agenda Item 04 of the General Debate yesterday said
that the report of the United Nations Secretary General's Panel of
Experts was a culmination of private consultations.
Full text:
Regrettably, the countries referred to above, have felt it necessary
to prejudge Sri Lanka's intention to implement the recommendations of
its domestic mechanism, the LLRC, which is one of the many
reconciliation processes that Sri Lanka is engaged in.
My delegation has already briefed this Council in great detail on the
steps taken to implement the recommendations, including in a time bound
manner through the National Action Plan for the Protection and Promotion
of Human Rights.
I wish to reiterate Sri Lanka's position that the report of the
United Nations Secretary General's Panel of Experts was the culmination
of a private consultation and is not the product, or a request, of the
Human Rights Council, the General Assembly or any other UN body. Its
mandate did not extend to fact finding or investigation, and the
assertions set out in the report remain unsubstantiated.
Any action, such as the resolution tabled by the US at this Council,
that pre-judges the outcome of a functioning domestic mechanism put in
place by a sovereign Government to cater to its domestic requirements,
will undermine the well-entrenched rule of international law that
domestic remedies must first be exhausted, and will amount to undue
interference in an internal process.
My delegation is gravely concerned that this precedent setting
initiative, which seeks to address past issues, will, if adopted,
effectively transform this Council into a Tribunal, modifying the powers
entrusted to it by the General Assembly, politicizing the institution
and severely affecting its credibility and legitimacy.
My delegation wishes to remind this Council of the Charter
requirement, reflected in its Articles 55 and 56, that human rights
shall be promoted through international cooperation. Any attempt to
impose advice and technical cooperation from the Office of the High
Commissioner and the Special Procedures mechanisms will be in violation
of that requirement. In this regard, I wish to reiterate that the
Universal Periodic Review mechanism is the appropriate and only forum to
address the human rights situation of all countries in a cooperative,
non-selective, and impartial manner, and in conformity with the
principles upon which this Council was founded.
Sri Lanka urges the Council not to initiate action in contravention
of the purposes and principles of the United Nations Charter and the
Declaration of Principles of International Law Concerning Friendly
Relations and Co-operation among States in accordance with the Charter.
In conclusion, I wish to, in this regard, thank the delegation of
Japan which has in its statement recognized the will of the Government
of Sri Lanka to implement the recommendations of the LLRC.
My delegation would like to urge the proponents of the resolution to
constructively engage with Sri Lanka, both bilaterally and
multilaterally, in a spirit of cooperation, without resorting to action
within the Council which is unnecessary and unwarranted, and would
adversely impact the reconciliation process in Sri Lanka.
I thank you Madam President!
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