Judge Human Rights relative to ground reality - Part V:

Accountability, fait accompli

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

Minister Mahinda Samarasinghe

The outcome will finally and conclusively lay to rest the unfounded allegations of ‘tens of thousands’ of civilian deaths alleged to have occurred in the first five months of 2009. I am sure that you will agree, that this is indicative of a serious and systematic attempt to account for people.

Still on the subject of accountability and responding to questions received, a five-member Court of Inquiry was appointed on January 2, 2012 by virtue of the powers vested in the Army Commander under the Courts of Inquiry Regulations, read with the Army Disciplinary Regulations, promulgated by the Army Act and is headed by a Major General.

This Court of Inquiry was tasked with inquiring into the observations made by the Lessons Learnt and Reconciliation Commission (LLRC) in its report on alleged civilian casualties during the final phase of the Humanitarian Operation and probe as regards Channel-4 video footage.

Since its initial sitting in the first week of January 2012, as of October 2012, the Court of Inquiry has convened approximately 30 times and has examined many witnesses.

It should be noted that the Court is investigating more than 50 incidents referred to in the LLRC Report. Investigations cover whether or not any attacks were carried out by the Army on civilians, on hospitals or in the no-fire zones including the specific instances referred to in the LLRC Report.

Irrespective of whether the Channel 4 story is authentic or not, the Court of Inquiry has been mandated to take measures to ascertain whether the uniformed persons featured in the Channel 4 footage can be identified as members of the Sri Lanka Army, and other violations of military law, if any.

Additionally, the Sri Lanka Army has commenced investigations by appointing a Board of Inquiry to study the LLRC recommendations and formulate a viable action plan to implement the recommendations that are relevant to the Army. The Sri Lanka Navy has also initiated similar measures.

Human Rights Commission

Questions were also raised on the subject of Torture. With regard to allegations of torture, there are several avenues for investigation and prosecution of offenders. Prosecution under the Convention Against Torture Act, complaints to the National Police Commission, complaints to the Human Rights Commission and even a complaint to the Apex Court alleging torture, are avenues available to a victim of torture or other ill treatment violative of human rights. The Police also conducts internal reviews and may take action against a delinquent officer by utilizing disciplinary processes. Workshops on Prevention of Torture for police officers have been conducted and 474 have been trained from 2009 – 2012.

A new initiative with the assistance of the Asia Foundation has been launched to expand training and education of police officers and investigators. It is envisaged that prosecutors, judicial officers and prison officers will be included. New measures taken by the Police will also assist in reducing the incidence of abuse and ill treatment of persons.

Security Forces personnel building houses for Northern civilians

A circular issued in December 2011 by the Inspector-General of Police ensures the safety of the persons in Police custody – both male and female. Moreover, by circular issued in May 2012, access to Attorneys by persons in Police custody is assured as of right. At the same time, the upgrading of interrogation and forensic investigation skills is ongoing to ensure that officers do not have to rely on coercive methods to obtain information.

A question was also received by us on the status of the Bill on the protection of victims and witnesses. The draft legislation of 2008 has been amended to incorporate recommendations made by the Supreme Court and the Parliamentary Consultative Committee on Justice and has now been submitted to Cabinet and, upon approval, will be presented to Parliament for enactment.

Significant contribution

Sri Lanka has consistently engaged with the OHCHR, the Special Procedure Mechanisms and relevant Treaty Bodies. In the context of the invitation extended in April 2011 to the High Commissioner for Human Rights to visit the country, a preparatory visit by a team from the OHCHR was facilitated by the government in September 2012. The team was granted unfettered access and was provided with the opportunity of interacting with a broad range of stakeholders, including senior representation from government, opposition and civil society. We are still awaiting the dates from the High Commissioner on her impending visit to Sri Lanka.

One concern that seems to have drawn the attention of our friends is the question of military presence in the former theatre of conflict. Here, I must categorically state that there has been a significant reduction of the military strength in the North since the end of the conflict. There is no intrusive military presence impacting on civilian life – in Jaffna or in the Vanni.

On the contrary, the military has successfully completed a great deal of work to assist civilians return to their normal lives in the aftermath of the conflict. From May 2009 to October 2012, the Army has constructed 4,652 permanent new houses, 6,171 semi-permanent houses and has renovated 7,454 houses, through their initiative and efforts. It has constructed 73 schools, renovated nearly 500 old school buildings and has constructed 23 school playgrounds.

The Army has made a significant contribution to the improvement of water, sanitation and hygiene facilities.

The Army has contributed to the socio-cultural needs of the people by building/restoring nearly 250 places of religious worship belonging to all faiths in the North and the East. Moreover, it has contributed to the repair of 11 main roads and 43 minor roads during this period.

Livelihood assistance has also been facilitated by the Army.

A number of medical clinics have been held, and assistance provided for the conduct of religious, cultural and other festivals.

The Sri Lanka Navy and Air Force also facilitated similar projects. The military has, therefore, delivered an outstanding contribution to the restoration of normality. It is noteworthy that these functions have now been taken over by a fully restored civilian administration.

A question was also posed as to a supposed increase in sexual violence in these areas.

Sri Lanka set up special Women’s Protection Units with female Police officers and Women’s Centres in the IDP welfare centres and are continuing to provide counselling services. Strict legal action has been taken to combat sexual violence.

During the three-year span from May 2009 to May 2012, 256 sexual offences have been reported in the North in all five districts; 176 cases are pending hearing by the courts, 67 cases have been forwarded to the Attorney General for advice, 2 convictions have been recorded and 11 cases are currently under investigation. Any correlation between military presence and sexual violence is unfounded.

Key issues

The protection of women and the advancement of their rights has been a cornerstone of our government’s policy. Especially in the post-conflict phase, the problems of women have been under scrutiny.

Several projects have been initiated in this connection including livelihood development, micro-finance, self-employment, entrepreneurship, empowerment, enhancing access to law enforcement and legal remedies. There has been a special emphasis on conflict-affected women including female-headed households.

Sri Lanka has, over the past several decades, meaningfully integrated women as equal partners in shaping the economic, political and social life of the country. We recognize that civil and political rights are interlinked with social, cultural and economic rights and that these reinforce each other. Sri Lanka ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1981 and acceded to the Optional Protocol in 2002. Sri Lanka’s combined fifth to seventh periodic report was considered at the forty-eight session of the Committee and observations on concluding observations have been submitted.

Language policy has been one of the key issues which impacts upon the reconciliation process. We have set out the measures taken in relation to both the NHRAP and the LLRC Action Plan relating to the Trilingual Policy (2012 to 2020), and its implementation.

It is heartening that the military and the police have taken a lead in accelerated language training. Future recruitment and advancement in the public service will also depend on achievement of linguistic competence. Language is key to confidence building among the multi-lingual segments of Sri Lankan society.

With the restoration of local governance structures, local civil administration, participation in national elections and a restoration of civic consciousness, the next step would be consideration of elected Provincial representation.

Demining, resettlement and the establishment of settled communities are pre-requisites for democratic activity – especially at the peripheral and regional level.

There is also the question of the larger discussion of the way ahead as a nation and the institutional and other arrangements necessary to unify the people and work together for a mutually beneficial future.

We also wish to reemphasize that a central feature of the Government's approach to evolving a consensus formula remains, primarily, the establishment of a Parliamentary Select Committee (PSC), aimed at achieving multi-party consensus in respect of political and constitutional measures. The motion was unanimously adopted by Parliament in November 2011. 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. Parallel with this multi-party mechanism, the government engaged in bilateral discussions with Tamil political parties as well as Muslim representation. Mindful of the fact that all previous attempts at evolving a constitutional formula failed due to the lack of consensus, the Government remains optimistic that the PSC would help achieve the required consensus, given its inclusivity, transparency, and adherence to democratic norms.

Humanitarian assistance

The government of Sri Lanka has expended an enormous amount of resources, time and effort in restoring normality to the conflict affected areas. The government committed USD 2.8 billion mostly through loans, with some grant funding, in support of ongoing projects in 2011. Investment in infrastructure especially roads, railways, transport will pave the way for restoration of livelihoods and the movement of goods. This is in addition to expenditure on humanitarian assistance and relief where the government's commitment for 2009 and 2010 alone was USD 368 million. The UN system and international and national NGOs mobilized USD 437.90 and 100.26, respectively, for the period 2009 to mid 2012.

Health is another focus area with the per capita expenditure being over 3.5 times that of other Provinces in the 2009 to 2011 period. The number of hospital beds in the Northern Province per 1 million population is the highest in the country. Nutrition levels of infants and young children and post-partum care availability in Northern areas are also receiving attention, with Jaffna already exceeding the national averages.

Expenditure on education was Rs 1.3 billion for the 2009 to 2011 period and 964 schools are functioning in the Northern Province as at August 2012. Free uniforms, books and mid-day meals are provided by the Ministry of Education.

Water and sanitation is an area of focus with an investment of nearly Rs. 30 billion. Supply of electricity to Kilinochchi, Mannar and Mullaitivu needs to be improved to reach the levels of Vavuniya and Jaffna in terms of reach. Rs. 13 billion has been invested by Government supplemented by borrowings in this regard.

Religious sites and places of worship have also been supported and their restoration has also seen costs incurred in respect of all 4 religious faiths practiced in Sri Lanka.

Agriculture has received a boost with paddy (unhusked rice) production in the Northern Province tripling from 2009 to 2011. This momentum will be maintained with the reclaiming of abandoned agricultural land. The provision of farm machinery, tractors, fertilizer, as well as the disproportionately large government expenditure on the sector, will bear dividends. The investment in Irrigation for the three years since 2009 is approximately Rs. 4.5 billion.

National economy

Restrictions on fishing have now been almost completely eased and Northern contribution to national fisheries output has almost doubled from 2009 to 2011. Over 48,000 persons are employed in this sector. Infrastructure including boats, ice plants, cool rooms and freezer trucks have increased quantitatively during the post-conflict phase. Animal husbandry and livestock sectors have recorded impressive growth. The banking sector has also expanded to meet the growing need and seen an increase in outlets, deposits, and in special credit schemes to promote livelihood and development. The economy has shown incredible resilience and has demonstrated a growth rate of 22 percent in 2010 with 27 percent in 2011 reflecting a high level of return on investment.

Following on a nominal growth rate of 22 percent in 2010, the Northern province in 2011 recorded the highest growth rate in nominal terms, of 27.1 percent, among all provinces, and continued to increase its share of the national economy driven by an expansion in agriculture, fishing, construction, transportation and financial services.

We have integrated the Millennium Development Goals (MDG's) into the National Development Agenda. Sri Lanka is on track to reach most of the indicators. Some have been achieved already. Among the notable achievements are those relating to equitable primary education. The universal primary education net enrolment rate has reached 99 percent in 2009 for both males and females. The proportion of students starting Grade 1 and reaching Grade Five has increased to almost 100 percent in 2006/07), child mortality (the current level is 9.7 infant deaths per 1,000 live births) and maternal mortality (the MMR is 39.3 deaths per 100,000 live births in 2009, are the lowest in South Asia), access to safe drinking water (nearly 85 percent of households have sustainable access to improved drinking water in 2006/07) and literacy (with female adult literacy at 97 percent and male adult literacy at 98 percent in 2010).

There is no gender disparity in these achievements. In secondary and tertiary education, the ratio of girls enrolled is greater.

Economic development must now seamlessly follow the humanitarian assistance and early recovery phases. The new UN Development Assistance Framework that will be applicable from 2013 reflects this shift in perspective and approach. We expect that, in keeping with our needs and priorities, that our friends and partners will extend their understanding and cooperation to our efforts in developing a stable and prosperous Sri Lanka.

Concluded