Judge Human Rights relative to ground reality - Part III :

Post-war reconciliation and PEACE DIVIDENDS TO ALL

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

A further 1,089 date back to the 1991 to 2005 period. The remaining number lays to rest the canard of an increasing trend in disappearance in the recent past. We are working to establish a cross agency national mechanism to clear this backlog. A working committee has been established to respond to cases of disappearances and a Deputy Inspector General of Police appointed to conduct ground verifications of such cases to ascertain the present status. A special piece of legislation to enable the issuance of death certificates to next of kin was put in place and next of kin can claim monies due to them and obtain secure a substantial degree of closure.

As a part of implementing our responsibilities, the government submitted its response on 59 cases of disappearances recently brought to its attention by the Working Group. Another set of 100 cases referred by the Working Group has been verified and submitted. Initial investigations have revealed that nearly 50 percent of the cases have not been complained of to law enforcement. Further investigations are being conducted on the remaining allegations communicated by the Group. I must note that a comprehensive addressing of this challenge would be greatly facilitated if countries that have received thousands of asylum seekers would cooperate with us by giving us the names of such persons of Sri Lankan origin so that a proper comparison with the allegedly missing can be done.

One of the questions we received has pointed out that the Human Rights Commission of Sri Lanka has recorded 230 cases of disappearances in 2011. However, if recourse is had to the National Report of Sri Lanka, detailed information as to complaints of allegedly ‘missing persons’ and ‘persons abducted’ in 2010 and 2011 may be accessed. This information is presented together with the remarkable success rate of the Sri Lankan authorities who have resolved a great many of these supposed disappearances. The total number of persons reported allegedly missing in 2010 was 7,940 out of which 6,653 have been found. The corresponding numbers for 2011 are 7,296 reported and 5,185 traced. In 2010, the number of persons allegedly ‘abducted’ was 225 of whom 207 were later traced. The number of allegedly abducted in 2011 was 239 of whom 226 have been traced. Outstanding allegations must and will be thoroughly investigated and any offenders brought to book.

Civil society activists

On another question received, in Sri Lanka, the freedoms of association, thought, conscience and expression receive constitutional recognition. Our civil society has a long history of persons who have advocated for the rights of victims, the disadvantaged and the marginalized. Persons can canvass for the protection of these rights before courts of law. Civil society activists at all levels, have freedom to jointly or in association with others form non- governmental organizations and community based organizations. Organizations established as trusts, voluntary social service organizations or as private companies. They may seek registration at the national level if they require further facilitation by the government. This registration is not mandatory.

The allegations of intolerance or attacks against these organizations or their leadership - in verbal or other form - emanate from time to time. I must state with the utmost firmness that these alleged attacks are no part of government policy to stifle criticism, activism or dissent. Neither does the government condone any such attacks. As far as civil society activists who wish to engage with the government is concerned, in general, they are a valued partner in the implementation of the NHRAP and we will work closely with them.

Several countries have also sought clarifications as to the Lessons Learnt and Reconciliation Commission (LLRC) and the implementation of its action plan published in July this year, pursuant to a decision by the Cabinet of Ministers. President Mahinda Rajapaksa, appointed the LLRC in May 2010 in order to strengthen the national reconciliation process and to ensure the dividends of peace to all Sri Lankans. The Cabinet of Ministers in May 2012 decided that a Task Force headed by the Secretary to the President would monitor the implementation of the recommendations of the LLRC. In July, a matrix containing the National Plan of Action to implement the LLRC recommendations developed by the Task Force and presented to Cabinet was approved setting out the main focus areas for implementation.

LLRC Report

You may recall that the primary focus of the ill-conceived March 2012 Resolution in this Council was the implementation of the LLRC Report. Long before the adoption of the Resolution, we assured the Council that we are committed to the implementation of the domestic process by way of an action plan and that we should be given time and space to achieve this objective. We have fulfilled our commitment with a clear time frame for implementation which is in process as we speak.

The main focus areas are IHL Issues, Human Rights, Land Return and Resettlement, Restitution/ Compensatory Relief and Reconciliation. The Task Force has identified a corresponding activity, an implementing agency, a key performance indicator and a time frame in respect of each recommendation. I must reiterate that the action plan and its implementation is being spearheaded by the most senior officials of the government. Ministries and agencies have been requested to forward their budgetary requirements to aid in the implementation of the actions within their purview, commencing with the national budgetary process for 2013.

Several thematic sub-committees functioning under an apex task force is envisaged for better coordination and implementation. Some countries have expressed concerns that only some proposals have been included for implementation. It must be pointed out that 285 was the sum total of observations and recommendations of the LLRC.

There was some duplication in Chapter 9 of the LLRC Report. Moreover, some of the recommendations fall under the ambit and scope of the NHRAP. The Action Plan is based on what is implementable in the short, medium and long terms, and the overall recommendations are further sub-divided on a thematic basis into policy and practical matters. The four main sub divisions relate to -

* National Policy;
* The final phase of the conflict;
* Recommendations related to Human Rights and National Security concerns; and
* Recommendations related to re-settlement and development

Certain matters of broad national policy in the Action Plan are to be referred to the proposed Parliamentary Select Committee.

Several questions received by us on the LLRC Action Plan asked for specific examples of completion or substantial progress on activities. Like the NHRAP we are happy to share with our friends actual implementation since its approval by Cabinet in July 2012. The implemented areas so far are as follows;

* Devising a centralized database of missing persons;
* Implementing the Registration of Deaths Act (2010);
* Creating a centralized database of detainees and make access available to next of kin;
* Screening detainees to identify those with special needs;
* Examination of cases of young ex-combatants, release and reunification with families;
* Establish a task force to develop and implement a child tracing programme;
* Ensure freedom of movement for media including in the North and East;
* Remove restrictions on visiting places of worship;
* Allow visitors from overseas to visit recently resettled areas; and
* Free movement of persons on Kandy-Jaffna A9 Highway.

Hence the suggestions that only part of the recommendations are addressed, and the critique that there is no progress in implementation, is without basis. We will of course as in the case of the NHRAP continue to update the Council on further progress made.

Further progress has been made in relation to the recommendation made on the treatment of ex-combatants. As of October 22, 2012, 11,012 persons, which included 594 LTTE child soldiers, have been rehabilitated and reintegrated into society. Of the approximately 12,000 persons identified as ex-combatants and provided rehabilitation, as of October 22, 2012 only 782 beneficiaries are undergoing rehabilitation, and 262 are under judicially mandated custody (remand). Action is underway to expedite the legal proceedings. If this is not clear progress, I fail to understand what is.

Another important recommendation of the LLRC that we have done our utmost to implement is the rapid and sustainable resettlement.

Sustainability is of prime importance in this context and resettled persons must be provided with ‘durable solutions’ which means that people who return must be able to lead normal productive lives, equal or better to the life they led pre-displacement. The closure of the last IDP welfare centre in Menik Farm by September 24 resulted in our having to deal with only those IDPs who reside with host families and those in protracted situations of displacement. While our focus has been on the nearly 300,000 IDPs we received after their rescue in 2009, we have also paid due attention to the ‘older caseload’. As at the beginning of October our record of total resettlement was 501,194 persons. Among the remaining caseload are the Muslim residents of the North who were forcibly evicted by the LTTE in 1990/1991 numbering in the tens of thousands in pursuance of their policy of ethnic cleansing. Thousands of Sinhalese were similarly evicted by the LTTE.

We are clarifying the remaining number of displaced of every category and will put in place programmes of resettlement for all those who wish to return.

To aid in the process of resettlement the total number of houses constructed in the Northern and Eastern Provinces up to September 2012,124, 184 at a cost of Rs. Billion 33.34 from 2005. Needless to say we are justifiably proud of our achievement. This is another example of implementation of a recommendation of the domestic process.

Demining programme

Sri Lanka’s rapid progress in resettlement would not have been possible without the intensive humanitarian demining operation. It is a matter of pride that a vast majority of the work has been completed, at considerable risk by the Sri Lanka Army.

Initially, it was suspected that mines had been laid in an area of more than 5,000 square kilometres. Demining such a vast area was a formidable challenge that the government unhesitatingly undertook immediately after the conflict ended.

To be continued