‘We have come a long way since the initial UPR’
Statement at the Adoption of the Report of the UPR Working Group by
Mahinda Samarasinghe, Plantation Industries Minister, Special Envoy of
the President on Human Rights and leader of the delegation of Sri Lanka
to the 22nd Session of the UN Human Rights Council, Geneva yesterday.
Minister
Mahinda Samarasinghe |
My delegation and I join you this morning with a deep sense of
satisfaction. November 2012 saw Sri Lanka face its second UPR and we
were able to lay before the working group, our progress since 2008 and
the expectations for future improvements in the promotion and protection
of Human Rights, going forward.
We have come a long way since the initial Universal Periodic Review
of Sri Lanka during the first cycle in 2008. My country then was engaged
in a conflict against terrorism - commencing in 2006 - trying to rescue
a civilian population held by a ruthless group of terrorists. A year
after that first review, we finally achieved success in the humanitarian
operation and witnessed the dawn of a new era of peace, stability and
prosperity for all Sri Lankans.
Since May 2009 we engaged in a period of consolidation, removing
military involvement in civil administration, reconstruction, demining,
rehabilitation, resettlement and launched our initial efforts at
national reconciliation and peace-building.
The UPR has been an event in which we have been able to periodically
pause, take stock, reflect and share with our friends in the Human
Rights Council our achievements, challenges and determination to move
forward. The interest and level of participation in the UPR of Sri Lanka
is also sincerely appreciated.
We noted that a clear majority of the countries that engaged in the
UPR last November acknowledged our progress. Some of the countries that
did so also pointed out the challenges that we faced. We were able to
take up some of the constructive recommendations made and we also made
voluntary commitments.
Sri Lanka received a total of 204 recommendations during the second
cycle of its UPR held last November. At the adoption of the report in
the Working Group, Sri Lanka accepted 110 recommendations and following
further examination, Sri Lanka decided to support a further three
recommendations, bringing the total number of recommendations enjoying
our support to 113.
Another 91 recommendations do not enjoy the support of Sri Lanka. Our
position on the recommendations we were unable to support are clearly
set out in the Addendum to the Report of the Working Group A/HRC/22/16/Add.1.The
Addendum further clarifies and elaborates Sri Lanka’s stance on some of
the recommendations emanating from the Review. These recommendations
have been duly noted and Sri Lanka will endeavour to address these
issues through relevant national policies and programmes. In addition,
Sri Lanka has also made 19 voluntary commitments.
In this context, I must point out that Sri Lanka has accepted the 12
recommendations specifically referring to the National Action Plan for
the implementation of the recommendations of the Lessons Learnt and
Reconciliation Commission (LLRC), which is our mechanism to implement
the recommendations of the LLRC.
It is perhaps unfortunate that we were unable to agree to more
refinements and modifications in the text of some recommendations in
order to achieve a consensus that could have led to the acceptance of
more recommendations. It is our belief that the level of flexibility
that characterized our experience in 2008, is preferable to the rigid
textual formality that appears to govern the UPR at present. The UPR is
an inter-governmental process that is based on cooperation and
constructive engagement.
I would also briefly allude to some of the positive developments
since November. Much of the salutary achievements are also referred to
in our national statement to the High Level Segment of the 22nd Session
at the end of February. As I stated on that occasion, the government of
Sri Lanka has also made requisite financial provision by budgetary
allocation for 2013 for the implementation of the National Action Plan
on the Implementation of the recommendation of the LLRC. Over Rs. 1.2
billion, has been committed to funding the various activities. Our
progress in the process of implementation is openly shared with anyone
interested by way of publication on the web. This is the level of
commitment we have shown.
We have consolidated our gains in resettlement. Our achievement is,
perhaps, unparalleled given the short period in which progress was
accomplished. In the overall process of accountability which was the
subject of some interventions during the working group session, the
first issue that must be addressed is that of the 40,000 so-called
civilian victims. This figure has been repeated by several sources
without once verifying the facts. This is why our national census of
2012 and the enumeration in the North preceding it in 2011 were of such
importance. Ground verification of facts is continuing into the results
of these processes. We believe we will be able to gain an accurate
picture of the several causes of civilian deaths.
A Cabinet Memorandum titled ‘Assistance and Protection of Victims of
Crime and Witnesses Bill’ was submitted by the Ministry of Justice and
was taken up for policy approval at the Meeting of the Cabinet of
Ministers on February 7, 2013. It was decided to obtain the views of the
Attorney General on this matter to aid in the deliberations of the
Cabinet.
Subsequent to the recommendations of the LLRC, the Attorney-General
reviewed the cases relating to the five students from Trincomalee and of
the Action Contre La Faime (ACF) workers. Having concluded the work on
the five sudents from Trincomalee, the Attorney-General has directed the
Police to commence Non-Summary Judicial proceedings. The review with
regard to the ACF case is also ongoing.
Also on the question of accountability, inquiries are in train by the
military authorities as to questions of civilian casualties during the
humanitarian operation including the Channel 4 video footage
irrespective of its authenticity.
Further to the recommendation of the LLRC, the database on detainees
is available to next of kin (NoK) who are able to obtain details in
response to their inquiries. The investigations into those allegedly
disappeared are ongoing through national mechanisms.
As we have regularly informed this Council, the National Plan of
Action for the Promotion and Protection of Human Rights (NHRAP), was a
commitment that grew out of our initial Review in 2008. That was a
principal pledge we made and one that we spent considerable time and
effort in realizing. December 2012 marked the first year of
implementation of the NHRAP. We are currently engaged in an evaluation
of the first year and will shortly publish our progress. The NHRAP was
conceived of as an overarching measure to consolidate our gains and to
systematically address the various issues and challenges in the field of
human rights. We will now have to conceive of a national mechanism that
will take into consideration the recommendations supported and pledges
made consequent to the adoption of the Report before the Council on this
occasion.
We are confident that we can incorporate the outcome document into
our national plans and programmes of action, so that, by 2017 when we
next face a Review, that we will be able to demonstrate further advances
in the promotion and protection of human rights for the benefit of the
Sri Lankan people. I reiterate what I said earlier that Sri Lanka is
deeply appreciative of Member and Observer States for their interest and
positive engagement during its UPR Process as well as their
acknowledgement of our efforts in the promotion and protection of Human
Rights.
As with the UPR, Sri Lanka will continue its transparent, proactive
and constructive engagement with the Human Rights Council and keep
Member and Observer States informed of further developments in Sri Lanka
in the field of promotion and protection of human rights. I look forward
to the engagement during the ensuing hour and expect a positive outcome
that will accrue to the benefit of the multi-ethnic, multi-lingual,
multi-religious and multicultural people of Sri Lanka. |