'OHCHR needs financial independence to thwart selective targets'
Sri Lanka's Permanent Representative to the UN in Geneva and Leader
of the Sri Lanka Delegation to the 23rd session of the UN Human Rights
Council (HRC) Ambassador Ravinatha Aryasinha delivering the national
statement on Monday, apprised the Council of progress with regard to
reconciliation in Sri Lanka since its last session in March, Sri Lankas
engagement with the Council and its mechanisms and on Sri Lanka's
position with regard to thematic issues of relevance to the Office of
the High Commissioner for Human Rights (OHCHR).
The Sri Lanka delegation to the 23rd session includes Deputy
Permanent Representative in Geneva Manisha Gunasekera, Deputy Solicitor
General Buwaneka Aluwihare and Counsellor in Geneva Priyanga
Wickramasinghe. The session commenced on May 27 will continue until June
14.
The full text of the speech
At the outset, Sri Lanka wishes to associate itself with the
statement made on behalf of the Non-Aligned Movement.
Sri Lanka’s Permanent Representative to the UN in Geneva and
Leader of the Sri Lanka Delegation to the 23rd session of
the UN Human Rights Council (HRC) Ambassador Ravinatha
Aryasinha, delivering the national statement on May 27. |
My delegation takes note of the High Commissioner's statement and is
firmly committed to supporting the High Commissioner in the discharge of
her mandate as contained in GA Resolution 48/141.
Sri Lanka urges the OHCHR to redouble its efforts in mainstreaming
economic, social and cultural rights, which remain disproportionately
marginalized, by allocating more financial and human resources to the
promotion and protection of these rights.
We reiterate the primacy of the role of the States Parties in the
treaty body strengthening process. It is also important for the special
procedures mandate holders to adhere to the Code of Conduct as
stipulated in Council resolution 5/2 in the execution of their
respective mandates, through a professional, impartial assessment of
facts. We would like to see an equitable distribution of financial
resources among all special procedures mandate holders through a
transparent process to safeguard their independence.
Sri Lanka notes the challenges faced by the OHCHR, particularly with
regard to the budget which is paramount to the effective and independent
discharge of the mandate of the High Commissioner. We believe that there
is an urgent need for a more sustainable resourcing of the OHCHR in
order to ensure efficient and objective fulfillment of its mandate under
the administrative direction and authority of the UN Secretary-General
and the General Assembly. To this end, Sri Lanka believes that the bulk
of the OHCHR funding must come from the UN regular budget.
Sri Lanka remains deeply concerned that the lack of financial
independence of the OHCHR also leads to disproportionate attention being
paid to country-specific action in the Council which selectively targets
some countries, while situations, human rights violations and
restrictive practices in other parts of the world that warrant more
urgent and immediate attention and action remain conveniently ignored.
The continuation and proliferation of the practice of the selective
adoption of country-specific resolutions in the Council is a tool that
exploits human rights for political purposes. We reiterate that such
politicized action is contrary to the high purposes and principles of
the Council and must be arrested.
Regrettably, a similar pattern is evident in the case of continued
action on Sri Lanka in this Council. It would be recalled that the call
for an international investigation into the situation in Sri Lanka
emanated here barely a week after the Government's defeat of LTTE
terrorism which reunited the country four years ago. As we have already
informed the Council during past sessions, the ill-conceived resolution
on Sri Lanka resulting from politicized action, diaspora compulsions and
reports not mandated by the inter-governmental process and therefore
lacking in legitimacy and credibility, is completely unwarranted and is
for that reason rejected by the Government of Sri Lanka (GOSL). The
collusion, which is increasingly evident between some countries that
support action against Sri Lanka and some extreme elements of the Sri
Lankan Tamil diaspora with vested interests, is a concern that must be
addressed more comprehensively by the OHCHR. The fact that some of these
diaspora elements were accredited as members of a country delegation at
the 22nd HRC sets an alarming precedent. Let alone not adding any value
to the ongoing domestic reconciliation process, such action has caused
mistrust about international processes among the people of Sri Lanka,
and also negatively impacted our reconciliation efforts.
Notwithstanding these distractions, in the four years since the
defeat of terrorism, Sri Lanka has made significant strides in the
reconciliation process. In keeping with Sri Lanka's policy of continuous
engagement with the Council, I am pleased to avail myself of this
opportunity to update the Council on progress made since the Council
last met in March 2013:
- In the months of January, February and April, 2013, the GOSL has
made public the continuing progress made in implementing the National
Plan of Action towards the implementation of the recommendations of the
Lessons Learnt and Reconciliation Commission (LLRC), the home-grown
reconciliation mechanism in Sri Lanka. In addition to the majority of
the recommendations which were deemed most significant and incorporated
in the National Plan of Action (NPoA) for immediate implementation by 22
key government agencies in July 2013, the GOSL is presently in the
process of integrating into the NPoA further recommendations made by the
LLRC.
- With the last batch of IDPs having been resettled in Mullaithivu in
September 2012, and 23,398 choosing to live with host families, all
295,873 IDPs resulting from the ending of the conflict have been
successfully integrated.
- As at end March 2013, only 96 square kilometres remains to be
demined, out of 2,064 square kilometres left contaminated with landmines
and UXOs at the conclusion of the terrorist conflict. Over 961,447
explosive devices (anti tank - 1,459, anti personal - 523,797 and UXO -
436,191) have been recovered and the Sri Lanka Army was responsible for
demining approximately 75 percent of the land.
- Of approximately 12,000 ex-LTTE combatants who were arrested or
surrendered at the end of the conflict, as of May 15, 2013, 11,551
persons, which included 594 child soldiers, have been rehabilitated and
reintegrated into society. As of May 15, 2013, 374 ex-combatants
including 18 female ex-combatants were undergoing rehabilitation. Among
those rehabilitated, 212 youths who were previously pursuing tertiary
education were re-inducted into the university system to follow their
undergraduate studies.
- Legal proceedings have been instituted against 194 ex-combatants
who are under judicially mandated custody, remanded or enlarged on bail
by Court. In order to expedite the cases of suspects that are in remand
custody after serving indictment, the government established three
additional courts in Vavuniya, Mannar and Anuradhapura besides the
Colombo High Court. Separate state counsels and dedicated staff
including Tamil translators and typists have been allocated for this
purpose. Furthermore, in order to file cases for the suspects that
remain under remand custody pending indictment, a special committee has
been appointed to look into their cases. The scope of this committee is
to review and advice further legal proceeding of these cadres, including
the possibility of release of suspects following rehabilitation.
- The government has also established a mechanism to ensure the right
of information of the relatives of the LTTE suspects. A centralized,
comprehensive database of detainees established by the Terrorist
Investigation Division (TID) of the Police with units operating around
the clock in Colombo, Vavuniya and Boossa enables next-of-kin (NoK) to
receive details of detainees and those who are released from detention.
It may be noted that this information is only provided to NoK, as
detainees have requested that such information not be released publicly
due to privacy concerns. Up to now, around 3,220 inquiries have been
made by the relatives to the TID alone (486 phone call inquiries, 5
email inquiries and 2,729 physical appearances). 2,729 complaints have
been recorded and 1,628 investigations have been completed and 1,101
investigations were in progress as of February 2013.
- While ICRC access to prisons and detention centres where detainees
under the Prevention of Terrorist Act (PTA) continues, the Ministry of
Defense and the ICRC have also held a series of discussions on the issue
of disappeared persons and continue to maintain a positive dialogue on
areas of cooperation. In an ongoing operation, a Family Tracing and
Reunification Unit (FTR) has been established in collaboration with
UNICEF, primarily to trace missing children. The Unit recorded 2,564
untraceable persons out of which 676 were children, while 1,888 were
adults. About 64 percent of tracing requests were reported by parents of
children who had been recruited by the LTTE.
- Addressing concerns relating to accountability, the only
authoritative and credible source of information relating to the
demographics and those killed and untraceable in the Northern Province
during the period 2005 - 2009, the Enumeration of Vital Events 2011 in
the Northern Province (EVE 2011) by the Department of Census and
Statistics (DCS) conducted during the months of June and July 2011, has
estimated that the total number dead from 1 January to 31 May 2009 is
8,998, including deaths caused due to old age/sickness, natural deaths,
deaths due to accidents/homicides/suicides and other causes. Out of
this, 7,896 are probable conflict related deaths, which include LTTE
cadres killed in action, LTTE cadres and civilians who escaped from the
conflict zone and had travelled
to other parts of Sri Lanka/overseas, civilians likely to have been
killed in cross fire and civilians killed by the LTTE whilst escaping
from LTTE control, false reporting, found to be alive, deaths reported
but not during the period of Humanitarian Operation and those who have
gone overseas/moved to other parts of Sri Lanka/ untraceable etc. It
would be recalled that from January - May 2009 around 2,400 Sri Lankan
security forces personnel were killed and around 11,000 wounded, which
indicates the intensity of the LTTE resistance at the time. The GoSL has
embarked on a fresh survey on deaths, injuries, untraced and property
damages as recommended by the LLRC NPoA and this survey is expected to
provide vital information to respond to many questions raised related to
deaths, injuries and those untraced during the conflict.
- Pursuant to recommendations made by the LLRC, in relation to the
killings of the five students in Trincomalee, investigations have been
concluded and upon studying the material, the Attorney General has
advised the Police to initiate non-summary proceedings, and the formal
institution of these proceedings before the Trincomalee Magistrate is
due to take place in the first week of June.
The investigation into the killings of the 17 ACF aid workers is
continuing. Further, an Army Court of Inquiry is presently investigating
allegations made following the Channel 4 video footage, irrespective of
its authenticity or otherwise. To date GOSL's request that Channel 4
provide the original material used by them to help the investigation
process, has not been acceded to.
- The security forces presence in the Jaffna peninsula and the
islands, which was over 50,000 personnel at the height of the conflict,
has today reduced to approximately 13,200. While rationalization of this
presence would be considered in line with the national security
interests of Sri Lanka, efforts are also underway to explore
possibilities to relocate troops in the Palaly cantonment and in other
identified government lands, in order to allow original owners to settle
in their native lands. While some lands have been earmarked for use in
the expansion of the Palaly airport - KKS harbour complex as part of the
redevelopment of the area after almost three decades of conflict, owners
of private lands acquired would be given compensation at market rates,
and additionally alternative lands in adjacent areas.
- To address issues pertaining to land, the government is in the
process of formulating the Terms of Reference of the Fourth Land
Commission. In May 2013, as per the recommendations of the LLRC, the
Land Commissioner General's Department launched a special accelerated
programme to resolve issues pertaining to state land in the Northern and
Eastern provinces in the post-conflict context, in collaboration with
Provincial Land Commissioners, Government Agents and Divisional
Secretaries. A notice issued by the Land Commissioner in this regard has
been widely circulated in all three languages in order to inform the
public of this initiative.
- The economic growth rate and the share of the contribution to the
national economy by the Northern Province have grown since the end of
the conflict. The province recorded an economic growth rate of 22
percent in 2010, and 27.1 percent in 2011. The corresponding figure for
2012 is expected to be released in June. In 2012, paddy production in
the Northern Province recorded an increase of 24 percent while the
highest growth in marine fishery was also recorded from the Northern
Province, which grew by 28 percent.
The government continues to focus on infrastructure development
activities in the Northern and Eastern Provinces through significant
public investment, in road construction, power generation and
transmission, port development and extension of railway lines, etc. 139
destroyed and damaged schools were reconstructed and rehabilitated while
348 schools had been reopened in the Northern Province in 2012.
On May14, 2013, the 43-kilometre Medawchchiya-Madhu segment of the
106 kilometre long Medawchchiya - Thalaimannar railway line was
commissioned under the first phase of the Northern Railway Project. The
northern railway network was destroyed by the LTTE several times and the
train service completely ceased operations after June 13, 1990.
- Following the conclusion of the Census in the Northern Province and
preparation of the electoral register, elections to the Northern
Provincial Council is scheduled to be held in September 2013.
The Council may additionally wish to note that the High Commissioner
for Human Rights has now decided to undertake a visit to Sri Lanka from
August 25 to 31, 2013, in response to an invitation formally extended to
her by the GOSL in April 2011.
Sri Lanka considers this visit as part of its continued, transparent
and proactive engagement with the High Commissioner and the OHCHR. We
believe that the visit would enable the High Commissioner to experience
at first hand the significant strides made and also efforts presently
underway in the reconciliation process in Sri Lanka, in the relatively
brief period of four years since the end of the terrorist conflict that
decimated our nation and its peoples for 30 years.
We hope that through the visit, a platform will be built for
constructive engagement between the GOSL and the OHCHR, laying by the
fallacies that have in recent years guided the UN system's actions and
engagement with respect to Sri Lanka and its reconciliation process. |