Consular Other Missions STATEMENT ON HUMAN RIGHTS
| STATEMENT ON HUMAN RIGHTS |
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| Wednesday, 28 October 2009 14:18 | |
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Statement by Ambassador Palitha Kohona Permanent Representative of Sri Lanka Third Committee Agenda Item 69: Promotion and Protection of Human Rights 28th October, 2009 Mr. Chairman, My delegation notes with appreciation the reports of the Secretary-General under this Agenda Item. We also wish to thank the High Commissioner for Human Rights and the Special Rapporteurs for addressing this Committee and the interactive dialogue based on their respective mandates. We particularly appreciate the wide-ranging review presented by the High Commissioner. Mr. Chairman, There is no doubt that there has been much progress in the development of the normative framework on human rights as evidenced by the adoption and entry into force of a range of important international human rights instruments. Within their domestic jurisdictions, member states have also adopted laws, policies and programmes to protect and promote human rights. However, the challenge lies in addressing the gap between human rights standards and implementation and in genuinely mainstreaming a culture of human rights protection and promotion in everyday life. Our aim should be to work in co-operation at the international level to bridge these gaps and advance global standards without anyone trying to take the moral high ground and impose individual views on how to apply these concepts and internationally agreed standards. It is not to be forgotten that until recently, there was little agreement on international human rights standards, leave alone on their proper implementation. There also needs to be uniformity in efforts to have these standards implemented. Selective and non-uniform efforts to implement these standards, will only contribute to a diminution of credibility. As developing countries, we are making every effort to achieve the Millennium Development Goals (MDG’s) amidst the global financial turmoil, effects of Climate Change, the energy and food crises, the negative economic repercussions of these and the economic challenges posed by terrorism and related criminal activities continue to cast a shadow on our efforts to make more progress on the human rights agenda. We all reaffirm the ‘right to development’ as one of the fundamental rights that is intrinsically interrelated to other rights. Sri Lanka remains fully committed to safeguard and guarantee fundamental human rights for everyone without distinction. We say this as a country which continued to safeguard and advance economic, social and cultural rights despite the challenges posed by adverse terrorist forces. The increased emphasis placed on these elements by the High Commissioner is encouraging. Mr. Chairman, Sri Lanka as a state party to seven core human rights treaties and other related international instruments in the field of international humanitarian law including the four Geneva Conventions, has enacted enabling domestic legislation with the objective of providing a strong and vibrant human rights protection framework. We are also committed to sharing information with all human rights mechanisms. Our Constitution incorporates a detailed Provision on fundamental rights and freedoms. An independent judiciary has actively expanded the scope of these rights. Human Rights provisions in our Constitution are justiceable through an independent judiciary which is firmly rooted in our long standing democratic and legal tradition. Our National Human Rights Commission which was established over a decade ago is involved in investigating complaints made by the public relating to infringement or imminent infringement of fundamental rights. The Commission has 10 regional offices to discharge its functions at district level. The Commission of Inquiry appointed by the President to investigate and inquire into specific cases of alleged serious breaches of human rights has submitted its report and it is before the Attorney General and the recommendations of the Attorney General are expected soon. We have established a Ministry of Human Rights which has a special focus on our reporting obligations to the various treaty bodies and serves as the coordinating body on human rights issues among Govt. institutions and in interactions with civil society. The Ministry of Justice and Law Reforms is responsible for the formulation and implementation of policies, plans and programmes aimed at the efficient and meaningful administration of justice. The Parliamentary Commissioner of Administration is another institution that has been set up to which persons aggrieved by a decision of a public official or authority can have recourse to seeking relief. We have also provided human rights training to our armed forces and the Police. The ICRC has provided extensive assistance in this respect. Above all, as a democracy we have ensured the right of every individual to a fair trial. Persons are arrested or detained only in accordance with the law. The freedom of expression is guaranteed under the Constitution, as is evident from the vibrant free media in my country. The judiciary has vigorously ensured these rights. Our Govt. has also remained actively engaged with the Office of the High Commissioner for Human Rights which includes joint efforts to identify, fund and implement mutually acceptable initiatives supportive of more effective human rights protection in Sri Lanka. Our Govt. is also in continuous engagement with the UN system working in areas related to human rights and humanitarian assistance with the objective of further strengthening national capabilities and delivery mechanisms. We have welcomed visits by senior UN officials and special rapporteurs and, in the course of this year, we have had follow-up visits by the Representative of the Secretary-General on IDPs, the Under-Secretary-General on Humanitarian Affairs, the Under-Secretary-General for Political Affairs. The envoy of the Special Representative of the Secretary-General on Children & Armed Conflict is also scheduled to visit later this year. In May last year, we submitted our National Human Rights Report for review under the Universal Periodic Review (UPR) mechanism to the Human Rights Council. Mr. Chairman, With the defeat of the terrorist group in Sri Lanka, its 27 year long violent armed campaign has come to an end paving the way for the establishment of a culture of peace and better respect for human rights and values in a part of our country that was adversely affected by the conflict. Not a single bullet has been fired in Sri Lanka since the defeat of the LTTE in May this year. Our Govt. is today in the process of addressing the post conflict issues including the rights of internally displaced people. We are taking effective steps to resettle those displaced civilians and in the interim addressing their right to protection and ensuring their welfare by providing them with food, shelter, medical care and counseling services at tremendous cost to the Government. De-mining and reconstruction of basic infrastructure is a pre requisite for resettlement. This is currently underway. These displaced persons will all return to their homes in the near future and this process has already begun. Last week 41,685 IDPs have been resettled. The UNHCR and the WFP assisted in this process. After 27 years of violence unleashed by the LTTE Terrorist Group, the screening of IDPs prior to resettlement is the responsibility of our Government to ensure trained ex-combatants are identified. Those who have been screened and cleared will be expeditiously resettled but they need to return to livable homes. Day passes are issued to IDPs currently in the camps to ensure freedom of movement. About 300 passes are issued daily. We have also undertaken to provide comprehensive rehabilitation and re-integration for ex-adult and child combatants of this former terrorist group in a transparent manner. In these processes we are assisted by UN Agencies and civil society groups who have unrestricted access to the IDPs. We, therefore, reject the unwarranted and regrettable sweeping allegations reflecting the propaganda lines of the remnants of the LTTE made in the Statement by Sweden on behalf of the European Union in this Committee. Mr. Chairman, In keeping with the Vienna Declaration and the Programme of Action and with the commitment given in the UPR process, Sri Lanka has taken steps to draft a National Plan of Action for the Promotion and Protection of Human Rights. The most valuable aspect of the process of preparation is a comprehensive assessment of the strengths and weaknesses and gaps in our national human rights protection system. We plan to undertake and promote capacity building for national institutions. We have also made good progress in the sphere of human development largely as a result of our free health and education policies. Sri Lanka’s high ranking in the UN Human Development Index is evidence of this. The Government of Sri Lanka has been and continues to be mindful of, and values the principle of government accountability and responsibility to its people. We remain open and eager to work with the international community to obtain support for our own initiatives and to advance and protect human rights. We urge all in this Committee to adopt a well informed, balanced and reasonable approach to all situations, wherever they occur including in my country, so that we can improve and protect all human rights of all people, wherever they live and in all circumstances. The tendency to rush to self righteous judgment could be avoided. We are an open society and will be glad to share information. In conclusion Mr. Chairman, the delays by several treaty bodies in examining country reports submitted to them remains an issue. We support efforts to holding of Committee meetings in parallel chambers to clear the backlog. We strongly support efforts to rationalize reporting obligations which have now become a bureaucratic burden to many countries. Thank you Mr. Chairman. |
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