Author: TELO Admin

India has called for full implementation of the 13th Amendment of the Constitution, delegation of powers to Provincial Councils and holding of Provincial Council elections at the earliest, said its representative to the United Nations Human Rights Council.

“India’s consistent view on peace and reconciliation in Sri Lanka has been for a political settlement within the framework of an united Sri Lanka, ensuring justice, peace, equality and dignity for the Tamils of Sri Lanka,” said the representative.

He added that the current crisis in Sri Lanka has demonstrated the limitations of debt driven economy and the impact it has on the standard of living.

“It is in Sri Lanka’s best interests to build capacity of its citizens and work towards their empowerment, for which devolution of power to the grassroots level is a pre-requisite,” the representative told the UNHRC on Monday (12).

In this connection, operationalization of Provincial Councils through early conduct of elections will enable all citizens of Sri Lanka to achieve their aspirations for a prosperous future, he added.

Foreign Minister Ali Sabry, in his address to the UNHRC, said Sri Lanka would reject any follow up action to the resolution 46/1.

In his statement, the Minister said Sri Lanka along with several Members of this Council had opposed resolution 46/1, fundamentally disagreeing with its legitimacy and objectives.

“We have consistently highlighted that the content of the resolution, its operative paragraph 06 in particular, violates the sovereignty of the people of Sri Lanka and the principles of the UN Charter. Once again, we are compelled to categorically reject any follow-up measures to the resolution, as well as the related recommendations and conclusions by the High Commissioner,” he said.

“In keeping with our commitment, notwithstanding our categorical rejection of resolution 46/1, we have submitted Sri Lanka’s detailed written response to the High Commissioner’s Report. We have requested that Sri Lanka’s comments be placed as an Addendum to the Report, to accord with best practices.

We remain cognizant of and acutely sensitive to the events that have taken place in the recent past. The severe economic crisis emanating from factors both internal and external offer many lessons for all of us. We recall in this context the indivisibility of human rights, as enshrined in the Vienna Declaration and Programme of Action. The Government is extremely sensitive to the socio-economic hardships faced by our people, and has initiated immediate multi-pronged measures to address the challenges and to ensure their wellbeing through the provision of supplies essential to the life of the community. A staff level agreement has been reached with the International Monetary Fund, and discussions on debt restructuring are in progress. The Government is in dialogue with UN agencies as well as bilateral partners to protect the most vulnerable from the adverse impacts of the crisis. In spite of multiple challenges, Sri Lanka would endeavour to remain on course in meeting the goals of the 2030 Agenda for Sustainable Development.

The recent changes that have taken place bear testimony to our continued commitment to upholding our longstanding democratic principles and norms. The constitutional rights to peaceful assembly and expression guaranteed the democratic space for our people to exercise their rights. In this regard, transgressions of the law resulting in criminal and unlawful activity were addressed in accord with the law and the Constitution, in circumstances where such freedoms were abused by elements with vested interests to achieve undemocratic political ends.

Mr. President,

Notwithstanding the severe constraints and challenges, Sri Lanka remains firmly committed to pursuing tangible progress in the protection of human rights and reconcilation through independent domestic institutions.

Sri Lanka along with several Members of this Council have opposed resolution 46/1, fundamentally disagreeing with its legitimacy and objectives. We have consistently highlighted that the content of the resolution, its operative paragraph 06 in particular, violates the sovereignty of the people of Sri Lanka and the principles of the UN Charter. Once again, we are compelled to categorically reject any follow-up measures to the resolution, as well as the related recommendations and conclusions by the High Commissioner.

Mr. President,

Notwithstanding, Sri Lanka has continued to brief the Council on the comprehensive legal framework that is being established to further strengthen governance and combat corruption. The proposed 22nd Amendment to the Constitution introduces several salient changes which would strengthen democratic governance and independent oversight of key institutions, as well as public scrutiny, participation in governance, and combatting corruption including the constitutional recognition of the United Nations Convention Against Corruption (UNCAC). This will include, inter alia, the composition of the Constitutional Council, and the reintroduction of the National Procurement Commission and the Audit Service Commission. The proposed legal framework will also strengthen the asset declaration system, protect the rights of whistle blowers, and increase the independence of the Commission to Investigate Allegations of Bribery or Corruption. A proposal to establish a system similar to an Inspector General tasked with overseeing government expenses by detecting and preventing fraud, waste and abuse in public institutions, is under consideration.

The recommendations of the Presidential Commission of Inquiry on “Appraisal of the Findings of Previous Commissions and Committees and the Way Forward” have, inter alia, resulted in the establishment of an Advisory Board under the Prevention of Terrorism Act (PTA), progressive amendments to the PTA, and the release of detainees,” he said.

UN Acting High Commissioner for Human Rights Nada Al- Nashif has called on the UN Human Rights Council Member States and international financial institutions to ensure Sri Lanka has fiscal space to fulfil its core economic and social rights obligations.

Delivering her statement in the UNHRC Comprehensive report and Interactive dialogue on Sri Lanka on Monday (12), the Acting High Commissioner it is essential the Government ensures an environment that respects and promotes free expression, peaceful assembly and inclusive democratic
participation.

She added that the Sri Lankan Government has a fresh opportunity to steer the country on the path towards justice and reconciliation and to address the legacy of conflict.

“Continued reports of surveillance and intimidation of civil society organisations, victim groups, human rights defenders, journalists and former LTTE cadres by police, military and intelligence services are of concern. Without fundamental security-sector reforms and de-militarization of the North and the East, this pervasive culture of surveillance and oppression will not end,” added the Acting High Commissioner.

She further noted that he Sri Lankan State has repeatedly failed to pursue an effective transitional justice process and uphold victims’ rights to truth, justice and reparations, adding that successive governments have created political obstacles to accountability, actively promoted and incorporated some military and former paramilitary officials credibly implicated in alleged war crimes into the highest levels of government, and have failed to present a shared understanding of the conflict and its root causes.

“Similarly, despite some suspects being charged, there has been no further progress to establish the truth about the terrible Easter Sunday bombings of 2019. OHCHR calls for an independent and transparent investigation, with international assistance should it be necessary, to pursue further lines of inquiry, in particular the role of the security establishment, in a process that guarantees the full participation of victims and their representatives,” she further noted.

The Acting UN High Commissioner for Human Rights noted that the mandate granted by this Council under resolution 46/1 – to continue monitoring the human rights situation and pursue accountability for crimes under international law – is now more important than ever, and responds to the broadbased aspirations for change being expressed by Sri Lankans from all communities.

Sri Lankan Muslim expatriates yesterday (11) voiced disappointment over the current implementation of the Prevention of Terrorism Act (PTA) against muslims in Sri Lanka, and stressed that they would take up the human rights violations in relation to this rigid law at the 51st United Nations Human Rights Council (UNHRC) sessions scheduled to commence today (12) in Geneva, Switzerland.

Sri Lanka Muslim Expatriates’ Council International Affairs Co-ordinator Aiyoob Azmin told The Morning that human rights violations relating to the PTA should be raised during the UNHRC sessions, and that their organisation would mainly focus on the implementation of this draconian law against the muslims in Sri Lanka.

“Sri Lanka’s economic crisis is yet unsolved and continues to create immense human suffering, but the PTA continues to be in force. State-level abuse of this law, illegal arrests, detentions, and repression continues,” he added.

Azmin further noted that more than 300 young muslim men and women have been detained for months under the PTA in connection to the Easter Bombings, while bans on selected muslim organisations continue, and legal proceedings against muslim detainees who have already been illegally arrested are yet to be completed. Thus, Sri Lankan muslims, in particular, are facing the consequences of various human rights violations in connection with the PTA, he stated.

On these grounds, Sri Lankan muslim human rights activists living internationally demand that the UNHRC should continue to implement measures to ensure Sri Lanka’s accountability, and inter-community reconciliation, as well as to ensure the co-operation of the international community in response to Sri Lanka’s economic crisis, including justice for country’s economic mismanagement and corruption, he added.

“Sri Lanka faces an unprecedented economic crisis and political challenges. Regardless, Sri Lanka can never escape from its accountability in human rights matters before the international community and the UNHRC. It is a general observation that the governments responsible for human rights violations in Sri Lanka over the past two decades have not taken any promising progressive steps. In this situation, it has now been revealed that the governments in power are involved in several major economic irregularities. The data available from Sri Lanka also indicate that human rights violations have taken place through economic abuses as well, during the crisis period,” Azmin said.

Sri Lanka’s human rights issues are set to be focused on at the 51st session of the United Nations Human Rights Commission to be held from 12 September to 7 October 2022. As the 46/1 Human Rights Commission’s proposals will expire by this session, the UK is expected to re-table the proposals afresh. In this context, the General Reporting of the United Nations Human Rights Commission, and the Reporting of the Special Representatives have now been published ([A/HRC/51/5] and [A/HRC/51/26/Add.1]). Based on this, representatives of Sri Lankan Muslim civil societies, and human rights activists living internationally, have put forward the observations above.

Minister of Justice Dr. Wijeyadasa Rajapakshe PC recently noted that the less stringent National Security Bill is being currently formulated and that would repeal the Prevention of Terrorism Act No. 48 of 1979.

Additionally, the Tamil National Alliance (TNA) had re-launched its mobile signature campaign demanding to repeal the PTA on 10 September in Kankesanthurai. TNA and ITAK MP M.A. Sumanthiran PC said that President Ranil Wickremesinghe promised to repeal the PTA in 2017 in Brussels.

“It has been five years since, and it is still to be repealed,” he said.

“Early this year they gave a guarantee of a moratorium placed on PTA that it won’t be used. This was stated in Parliament and various international bodies. Despite all these promises, they have started using the PTA. The President had signed three detention orders recently under the PTA. Therefore, we re-energised the mobile campaign, and in the second phase from Kankesanthurai to Hambantota. It will go through all 25 districts, at least one day in each district, and reach Hambantota.”

he Embassy of the Kingdom of The Netherlands continues to bring together a diverse group of stakeholders to strategize on pushing sustainable mobility in Sri Lanka through shared visions on cycling and sustainable transport.

Having earlier partnered with the Colombo Municipal Council to pilot ‘CarFreeCMB’, the Netherlands now also supports sustainable mobility in Sri Lanka working closely with Ride for Life Sri Lanka, a group of Sri Lankan citizens who have been promoting cycling as a primary mode of mobility in Sri Lanka. And as the Sri Lankan Government started looking at adopting sustainable mobility practices, the Dutch supported through technical assistance and capacity development to institutions such as the Road Development Authority and Urban Development Authority.

To engage the private sector, the Embassy also hosted an event on World Bicycle Day in June to award winners of the Bike to Work call for proposals with Dutch cycling and urban planning consultancy services to implement their ideas.

In this background, the Embassy of the Netherlands in Sri Lanka convened a virtual co-design session on 31 August to bring together key stakeholders from all sectors to discuss the required steps to mainstream sustainable mobility in the country. The co-design workshop was facilitated by Citra Social Innovation Lab, South Asia’s first social innovation lab which is a joint initiative of the United Nations Development Programme and the Government of Sri Lanka.

The first stakeholder session focused on understanding the current challenges, key stakeholders and ideation of solutions and key actions needed to promote cycling among the public. Subsequent sessions are planned to continue the deliberations and develop an action plan to effectively mainstream cycling in the country. Are you/your organization/company interested in joining this movement for sustainable mobility, please contact innovations.lk@undp.org.