JUDGE HUMAN RIGHTS relative to ground reality

Text of the address by Plantation Industries Minister and Special Presidential Envoy on Human Rights MAHINDA SAMARASINGHE at the 14th session of the Universal Periodic Review Meeting of the UNHRC in Geneva

It is my privilege and pleasure to share with the 14th Session of the UPR Working Group information and perspectives on the action taken to promote and protect human rights in Sri Lanka in the period since our first review in 2008. It has been our consistently articulated position that, in the particular circumstances and context of the Sri Lankan situation, the UPR process provides the best opportunity to raise questions and seek clarifications about the evolving situation in the country.

What we had hoped for earlier this year was time and space for Sri Lanka to complete the work of its domestic process that was in train in the post-conflict phase.

In March, we stated that the upcoming UPR would prove to be the ideal platform to discuss all aspects of interest and concern, and today we appear before you to fulfill that pledge. A country's human rights situation cannot be assessed in isolation and should be examined in the context of the realities on the ground. We are ready, prepared and equipped to brief the Working Group and to engage in a cordial and productive dialogue, in a spirit of candour and openness, as to the promotion and protection of human rights in Sri Lanka.

We will also engage with the Working Group on our plans and expectations to achieve incremental improvements in the human rights situation in the context of post-conflict peace-building, reconciliation and the achievement of normality for all our people.

Interactive dialogue

We appreciate the level of interest shown in the present developments in Sri Lankan - exemplified by the 99 countries that have subscribed to the list of speakers and the 20 countries that have sent in questions in advance. As much as we are here to put forth our perspectives, we hope that, through this dialogue, a greater understanding of the realities in Sri Lanka will be forged.

I appreciate Australia, Cambodia, Canada, Cuba, Czech Republic, Denmark, Ethiopia, Germany, Ireland, Liechtenstein, Mexico, Netherlands, Norway, Pakistan, People's Republic of China, Slovenia, Spain, Sweden, United Kingdom, United States of America, who have indicated their interest by presenting questions that permit a more focused discussion.

In the course of my presentation and those of my fellow delegates, we will respond to these questions. I would like to take this opportunity to introduce my delegation so that those of our peers participating in this interactive dialogue would be assured that the right people are available to authoritatively answer any question. I look forward to receiving the recommendations that countries may propose and assure you that we will give them our serious consideration.

Let me say a word on our former engagement during the first cycle of the Review and the steps we have taken pursuant thereto. In May and June of 2008, I was privileged to lead the Sri Lankan delegation to its initial UPR. We received many recommendations, a majority of which we were able to agree to.

We were forthright in informing our interlocutors as to those with which we could not agree. We also made several voluntary pledges in keeping with our national goals and priorities. That UPR presented Sri Lanka with the opportunity of taking a structured and holistic view of human rights in the country. This was true of the internal and external dimensions of human rights. Internally, we were able to take stock of our strengths and the challenges before us. Externally, we were able to better coordinate and communicate our achievements with our friends and partners.

The chief positive that we can draw from that engagement in 2008 was the formulation of the National Action Plan for the Promotion and Protection of Human Rights (NHRAP). This was one of our principal pledges, made in keeping with the Vienna Declaration and Programme of Action of 1993.

Firmly based on our national plans and priorities, we took into account the recommendations accepted and the pledges made, recommendations of treaty bodies and special procedure mechanisms in devising this plan. We commenced work almost immediately thereafter to draft the Action Plan. Civil society representation was invited and co-opted into the exercise. Finally, senior officials reviewed the Action Plan and I presented it to the Cabinet which granted its approval in September 2011.

In December, the implementation strategy was also approved by Cabinet including institutional arrangements for coordination and monitoring. It was an extensive, time consuming process, but one that we are satisfied with.

Protection of Human Rights

Our civil society partners were fully involved - having near equal representation on the drafting committees. Government focal points were also extensively consulted prior to obtaining final approval.

We have been engaged in the initial stages of implementation during the past 10 months and will be able to undertake a review towards the end of the year. It is also important to acknowledge that, although we received some initial material support from the UN Country Team in Sri Lanka, we ensured that the preparation and implementation of the Action Plan is a nationally driven and nationally owned exercise. Several delegations have raised questions as to implementation of this National Action Plan which we call the NHRAP. It addresses eight thematic areas, viz., civil and political rights, economic, social and cultural rights, children's rights, labour rights, migrant worker rights, the prevention of torture, women's rights and the rights of IDPs. I am happy to share specific examples of implementation which we have achieved in the course of this year so that our friends and peers would be able to appreciate our clear commitment towards the promotion and protection of human rights in Sri Lanka.

* We are preparing draft legislation on occupational safety, health and welfare at work and this is being done by the Ministry of Labour and Labour Relations (under Labour Rights);

* Directives have been issued by the Police Department to ensure physical safety of persons taken into custody and the provision of access to legal counsel as of right (under Prevention of Torture)

To be continued