Pillay offensive, overeaching– EXTERNAL AFF’S acting SEC.
Sustained bias against Sri Lanka:
External Affairs Ministry Acting Secretary Kshenuka Seneviratne
yesterday accused UN Commissioner for Human Rights Navaneetham Pillay of
overeaching her mandate and transgressing basic norms which should be
observed by a discerning international civil servant, by bringing into
question the constitutional governance of a sovereign state. Seneviratne
was alluding to the statement delivered by Pillay at the OHCHR press
briefing on January 18.
“Your assertion that ‘Sri Lanka has a long history of abuse of
executive power’ is offensive to this nation, and is clearly beyond your
mandate. In this regard, you have transgressed the basic norms which
should be observed by a discerning international civil servant, by
bringing into question the constitutional governance of a sovereign
state,” she said.
In a letter addressed to Pillay, Seneviratne, Additional Secretary
Ministry of External Affairs, also stated it was most unfortunate that
she (Pillay) had chosen to raise concerns about the independence and
impartiality of the new Chief Justice just as he commences his term in
this high office.
“In my view, this is reflective of the complete bias and negative
mindset manifested and nurtured by parties inimical to Sri Lanka and
with vested interests. By such an allegation, you have sought
inexcusably to undermine the Office of Chief Justice. Further, this
position articulated by you is a pre - judgement on your part, which has
been a sustained practice adopted by you, in relation to Sri Lanka.
Regrettably, this cavalier statement brings into question the standards
of impartiality and equality expected of the UN System,” Seneviratne
said.
“With regard to the impeachment of the former Chief Justice, the
government of Sri Lanka as a sovereign country has followed the due
procedure that is set out in the Constitution of our country. This
procedure is indeed in conformity with principles which govern
disciplinary proceedings against judges contained in the Basic
Principles on the Independence of the Judiciary endorsed by the UNGA in
1985,” she said.
“The content of your statement sadly demonstrates that neither you
nor your office has the understanding of the provisions of Sri Lanka’s
constitution, and the related procedures for the removal of judges of
the superior courts.
These provisions have been applied on several occasions in the past.
For your information I annex a copy of the speech made by External
Affairs Minister Professor G L Peiris on January10, 2013 in the
Parliament of Sri Lanka which sets out the legal framework within which
the impeachment process was carried out and responds to opposing views
on its legality.
“I wish to state that Sri Lanka has engaged with the UN system
consistently and transparently, and therefore expects reciprocity from
your office. No doubt you would appreciate that it is imperative to base
this engagement on the fundamental right of states to be treated
equally. A statement of this palpably biased nature could hurt the
engagement between Sri Lanka and the UN system.”
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