Strengthening the Human Rights Commission
I was delighted last week to be told that the Human Rights Commission
was receiving assistance from the Asia Pacific Centre which coordinates
work with National Human Rights Commissions. When, following my
appointment to convene the Task Force to promote and monitor action on
the National Human Rights Action Plan, I met the HRC, I had been told
that such assistance had been requested. I asked for a meeting, since I
believe that the HRC is one of the core elements in the promotion of
Rights in Sri Lanka, but I heard nothing, and later I was told that they
had said they were too busy to meet me.
It was fortuitous that I found out they were present. During the
Council of Asian Liberal and Democrats Congress that was held at
Colombo, I noted the presence of the UN and on checking was told that a
number of UN Human Rights personnel were staying.
The Ministry of External Affairs knew nothing about this, but I then
checked with the UN Resident Coordinator who was helpful as always, and
said he thought it was the Asia Pacific people who were working with the
HRC. The chairman confirmed this, and kindly arranged a meeting for me
at short notice.
Dynamic progress
I found the individuals who had come thoughtful and helpful, and I
believe the meeting was successful and could lead to more dynamic
progress, given the synergies that the HRC and the Task Force should
develop. I was most grateful to the former Secretary to the Ministry of
Justice, Dhara Wijayatilaka, who also attended at short notice, since
she has proved one of the most helpful persons on the Task Force, given
her encyclopaedic knowledge of legislation that was enacted during her
time as Secretary, when for the first time Human Rights was entrusted to
a Ministry.
Perhaps even more importantly, she knows about legislation that has
been proposed, but has not seen the light of day, given the bureaucratic
delays that have since occurred.
Fortunately she and the current Secretary to the Ministry, who also
shares her institutional memory, should be able to take things forward.
We have already asked the Law Commission for a schedule of what they
have proposed, with an account of where anything lies pending, and we
should therefore be able to ensure that simple neglect is no longer a
cause of inaction, as it has so often been in the past.
During the meeting at the HRC, the delegates told me that there had
been a newspaper article critical of them, which they thought I was
responsible for, presumably as one of the few who knew about their
presence.
This was not the case, but I was saddened afterwards to be told by
the chairman of the HRC that a couple of them had been questioned on the
way out. This too was unfortunate, but I believe the UN office which
coordinated their visit was at fault in not having kept the Ministry of
External Affairs informed, as it is meant to do. I had told the ministry
immediately after I spoke to the UN Resident Coordinator, but it would
be good if the traditions of the UN in its relations to member countries
are observed scrupulously for the future.
Positive results
This is the more important in that there was a time at which our
efforts to promote the Human Rights Commission were stymied by forces in
the Office of the High Commissioner in Geneva.
When I was at the Peace Secretariat, I found, at the height of
complaints about the HRC from the same NGOs who are now making such a
song and dance in Geneva about the inequities of the Sri Lankan
government, a document commissioned by the UN in Colombo that indicated
the complaints were not to be taken seriously and that the UN should
assist the HRC.
Unfortunately this report had not been shared with relevant personnel
in Geneva, though the former representative of the High Commissioner in
Sri Lanka, an Australian called Rory Mungoven, knew about it and tried
to excuse the fact that he had not acted on it in terms of his belief
that the Commission was illegally constituted.
He added that he was not getting funds because of this, whereas the
Swiss gentleman who was in charge of cooperation on rights matters at
the time, who seemed to share my views about what was going on
elsewhere, told me that they had provided funding that was not used.
Legislative changes
Rory's immediate successor, who was much more helpful, was swiftly
transferred. Her successor, who had arranged the visit of the Asia
Pacific people, and who now seems positive about the HRC, should make
sure that she works together with governmental agencies too to ensure
positive results. To adopt the position of some confrontational NGOs,
that the HRC should be in opposition to government, would be a mistake.
While the HRC must be independent in terms of its decisions, it must
work together with government, as the Action Plan so clearly lays out,
to develop awareness and administrative and legislative changes. Its
monitoring role, with regard to detainees for instance, can only be
fulfilled satisfactorily in collaboration with responsible officials.
The present leadership of the HRC is aware of the challenges it
faces, but has begun to move forward. Its personnel who have attended
meetings of the Task Force, as well as of the informal consultations I
arranged in the Reconciliation Office even before I was asked to convene
the Task Force, have proved positive in their approach.
I hope then that this cooperative approach will be supported by the
UN, and I am confident that those representatives of the Asia Pacific
Centre who were here will ensure progress for the future. |