Sri Lanka tells HR Council session: Make INGOs accountable
* Some NGOs feeding terrorism and conflict
* LTTE fronts posed as legitimate organisations
Sri Lanka emphasised that regulation, transparency and accountability
of funding to NGOs and NPOs is a pre-requisite in the interest of
national security and counter-terrorism as recognised by states, and
that obligation placed on states to adhere to the regulatory framework
in compliance with 40 Recommendations of the Financial Action Task
Force, makes it mandatory to monitor fund transfers of all financial
institutions inclusive of NPOs and INGOs (associations) and other
financial institutions, in countering financing of terrorism, money
laundering or other related trans-national crimes.
Intervening during an Interactive Dialogue with the Special
Rapporteur on the rights to freedom of peaceful assembly and of
association Maina Kiai, at the ongoing 23rd Session of the Human Rights
Council on Thursday, Sri Lanka’s Deputy Permanent Representative to the
UN in Geneva Manisha Gunasekera said “while Sri Lanka agrees that access
to resources is important for the vibrant functioning of civil society,
we observe that Kiai does not seem to adequately take into account “the
negative impact of lack of or insufficient regulation of funding of
associations on national security and counter-terrorism”.
Cautioning that “some NGOs and associations can also play a
fundamental role in feeding terrorism and conflict.”
Gunasekera recalled challenges faced by Sri Lanka where “front
organisations of the LTTE posing as legitimate civil society
organisations and charities based overseas formed part of a complex
international terrorist network which through various means injected the
funding and resources needed to nurture the 30-year terrorist conflict
in Sri Lanka.
These are actual situations and experiences which the Rapporteur
should take cognizance of to provide a balanced and pragmatic assessment
on the subject of funding of associations and counter-terrorism, she
said.
The statement: “We note the reference made by the Special Rapporteur
to the desirability of permitting the flow of unhindered funds to
associations. Kiai refers to the transparency and accountability
argument being often used by governments to place limitations on funding
of NGOs.
“While we agree that access to resources is important for the vibrant
functioning of civil society, we observe that Kiai does not seem to
adequately take into account the negative impact of lack of or
insufficient regulation of funding of associations on national security
and counter-terrorism. While Kiai expresses the view that civil society
organisations play a significant role in combatting terrorism, it has
been Sri Lanka’s experience as a country that defeated one of the most
ruthless terrorist organisations in the world, that certain NGOs and
associations can also play a fundamental role in feeding terrorism and
conflict.
“For example, front organisations of the LTTE posing as legitimate
civil society organisations and charities based overseas formed part of
a complex international terrorist network which through various means
injected the funding and resources needed to nurture the 30 -year
terrorist conflict in Sri Lanka.
These are actual situations and experiences which the Rapporteur
should take cognisance of in order to provide a balanced and pragmatic
assessment on the subject of funding of associations and
counter-terrorism. “Sri Lanka therefore notes that in actuality,
regulation, transparency and accountability of funding to NGOs and NPOs
is a pre-requisite in the interest of national security and
counter-terrorism as recognized by states. In this regard, we highlight
the obligation placed on states to adhere to the regulatory framework
all countries are expected to put in place in compliance with 40
Recommendations of the Financial Action Task Force, which makes it
mandatory to monitor fund transfers of all financial institutions
inclusive of NPOs and INGOs (associations) and other financial
institutions, in countering financing of terrorism, money laundering or
other related trans-national crimes.
“We agree with the Special Rapporteur that the ability to hold
peaceful assemblies is a fundamental and integral component of the right
to freedom of peaceful assembly.
In this context we note that the enjoyment of rights pertaining to
the freedom of expression, of peaceful assembly and of association, are
fundamental rights guaranteed by the Constitution to all citizens of Sri
Lanka, subject only to strictly defined restrictions set out in the
Constitution which the Supreme Court has vigorously applied.
“While peaceful assembly including demonstrations is permitted under
the law, law enforcement authorities retain the right to disperse such
assembly in the event it ceases to be peaceful and impinges on the
rights of others, particularly in instances where such demonstrations
lead to disturbance of public tranquility.
“Any person who alleges violation of these rights is entitled to seek
redress through the highest court of Sri Lanka or to seek relief through
the National Human Rights Commission. Sri Lanka further notes that with
regard to the content of the Special Rapporteur’s report (A/HRC/22/39/Add.2)
titled ‘Observations on communications transmitted to Governments and
replies received’ our letter dated February 15, 2013 in response to a
joint urgent appeal by four special procedures mandate holders including
Kiai pointed to the erroneous nature of the information contained in the
appeal which therefore did not warrant an urgent appeal under any
circumstances, as per resolution 5/2 on the Code of Conduct for Special
Procedures mandate holders of the Council. In conclusion, Mr. President,
we thank Kiai for his work and continued engagement.” |