Foreign Minister Lakshman Kadirgamar
SINCE its establishment in 1946, as a functional Commission of the ECOSOC, the Commission on Human Rights has continued to heed the voices and sentiments of the countless numbers of the aggrieved as well as the representations of almost all member and observer States of the United Nations. This attention and focus have had their negative and positive repercussions. On the positive side, the goal of promotion and protection of human rights is now both a cross-cutting and integrated item on the UN agenda. No State can be oblivious to its widening ramifications and consequences. In turn, this wider focus and attention has resulted in greater calls for the Commission on Human Rights to deliver on its mandate in an equitable and fair manner. In fact, such criticism has reached a stage where the credibility of the Commission on Human Rights is now at stake. This issue has no doubt gained the attention of Secretary General Kofi Annan as evidenced by the appointment of the High Level Panel on Threats, Challenges and Change which has now submitted its report.
The report of this High Level Panel appointed by the Secretary-General has proposed far-reaching structural changes in the Commission. Sri Lanka is of the view that these proposals merit careful consideration and that any reform should be pursued in a comprehensive and balanced manner, which should also lead to the strengthening and revitalization of the principal organs of the UN such as the General Assembly and ECOSOC.
I am addressing this Commission at a time when my government is making a concerted and determined effort to rebuild a nation faced with the calamitous event that occurred on 26 December 2004, just over two months ago, when fatal waves suddenly struck the southern and eastern coasts of Sri Lanka with unimaginable ferocity. It took away thousands of innocent lives and massively destroyed infrastructure along the coast.
The government moved into action within less than one hour and commenced the distribution of food and other relief items to the North, South, East and West, without any discrimination whatsoever.
The armed forces, the Police and the entire public service toiled unstintingly through day and night. Within a month detailed plans were formulated for a reconstruction programme - building houses, schools, hospitals, roads, railways, fisheries harbours, the power and telecommunications supply. The government apparatus for the distribution of supplies is effectively in place.
Soon after the tsunami struck our nation, the world came to our assistance in an unprecedented manner. Many Governments, the United Nations and other inter-governmental organisations, and non-governmental organisations have offered us considerable assistance in rebuilding our nation. We are also deeply touched by the magnificent expression of solidarity and generosity of the ordinary people from countries across the globe. This has given us much courage to face the arduous challenges posed by the tragedy of 26th December. It also gives us renewed hope in humanity. We have experienced the warmth of human feelings, the true spirit of humanity, across tens of thousands of miles, over numerous boundaries of ethnic and religious difference, at a time of terrible calamity and vulnerability. On this occasion, I would like to convey on behalf of my Government and the people of Sri Lanka our deep and abiding gratitude for every word of sympathy and encouragement and all the assistance we have received from across the globe. I sincerely thank the governments represented here for all that you have done to sustain us at a time of the deepest national tragedy for Sri Lanka.
As a member of the Commission on Human Rights, intermittently, for many years, Sri Lanka has participated in its work in a spirit of cooperation and with an unreserved commitment towards promoting and protecting human rights both nationally and internationally. This policy of Sri Lanka has been based on our national ethos derived from age-old traditions as well as our commitment to democracy and freedom. Successive elected Governments in my country have therefore recognized the promotion and protection of human rights not only as a constitutional obligation but also as a fundamental duty.
Sri Lanka has assiduously followed a tradition of close and constructive cooperation with the Commission on Human Rights in a spirit of openness and we are proud of our record in this regard. This tradition continued despite the armed conflict in my country, by regularly inviting special rapporteurs, working groups and treaty bodies to visit Sri Lanka. The national human rights protection system has been strengthened further to be in line with Sri Lanka's constitutional and international obligations as a party to 17 international human rights instruments including all seven major human rights conventions and treaties. A positive result of the close interaction between the Commission and our Government is the indication of the clear recognition and constant reiteration of human rights values, norms and standards by the judicial and legislative systems in our country. Recent judicial decisions of the Supreme Court have in fact expanded the scope of fundamental rights by reading international human rights covenants into domestic legislation.
It is our experience that international obligations when undertaken voluntarily serve to create the necessary thrust and enabling environment for the strengthening of the capacity of national mechanisms. The ratification of the UN Convention against Torture in January 1994 and accession to the Optional Protocol to the ICCPR in October 1997 at a time when the country was confronted with an extraordinary security situation arising out of terrorism, further demonstrated Sri Lanka's commitment to openness and accountability in the promotion and protection of human rights even under difficult circumstances.
There is a marked decrease in the allegations of violations of human rights communicated to the Government by special procedure mechanisms of the Commission on Human Rights.
The Government of Sri Lanka taking serious note of recent allegations regarding torture while in police custody has introduced short and long-term preventive mechanism to address the issue, in line with recommendations of treaty bodies. The Government of Sri Lanka condemns torture without any reservation. The Human Rights Commission of Sri Lanka has also adopted a zero tolerance policy on torture. Under domestic legislation torture is considered a serious crime which carries a minimum mandatory sentence of seven years rigorous imprisonment. The government looks forward to having a constructive dialogue with the Committee Against Torture when Sri Lanka's second periodic report is taken up for consideration.
The Attorney General has currently withdrawn one thousand indictments under the Prevention of Terrorism Act and over 300 persons who were held in preventive detention under the provisions of this Act have been released.
It is the expectation of the government that with the progress of the peace process and the consolidation of peace, the Prevention of Terrorism Act will become an obsolete piece of legislation. The government has also allowed the Emergency Regulations framed under the Public Security Ordinance to lapse in the light of the prevailing environment. The total effect of these measures is that any arrest, detention or investigation will be conducted only under the normal laws of the land.
Sri Lanka has established and strengthened a viable domestic institutional structure to provide redress to those aggrieved by alleged human rights violations, set high human rights standards and monitor situations. In this regard the Human Rights Commission of Sri Lanka which has a far-reaching mandate has investigative and advisory functions as well as a conciliatory and mediatory role.
The Supreme Court has also referred a large number of fundamental rights cases to the Commission for the purpose of inquiry and resolution. The Government of Sri Lanka has provided adequate resources to our Human Rights Commission to facilitate the effective discharge of its responsibilities. The government has also established human rights directorates in the three armed forces and the police which are functioning under the guidance of the respective commanders of the armed forces and the Inspector General of Police. The three forces and the police are also represented in the Inter-Ministerial Working Group on Human Right issues which has been set-up to monitor human rights violations and direct and supervise relevant authorities to take prompt action with regard to such violations.
Extreme poverty is one of the central challenges we face today in ensuring that globalisation becomes a positive force for all the world's people instead of leaving billions behind in squalor. The realisation of economic, social and cultural rights can provide a sustainable basis to address the root causes of poverty.
Sri Lanka's early success in achieving high standards of social development even for a comparatively poor country continues to receive international attention today. In September 2000, Sri Lanka together with other members of the United Nations committed itself to achieve a set of time-bound and measurable goals for combating poverty, hunger, disease, illiteracy, environmental degradation and discrimination against women. Sri Lanka today is well on its way to achieving the Millennium Development Goals through the involvement of a wide range of partners and stakeholders who have succeeded in creating a broad national ownership and awareness on these goals.
Sri Lanka remains in the forefront of the campaign to have the use of child soldiers condemned and banned worldwide. In 1997 I brought the question of child soldiers to the attention of the UN General Assembly by endorsing the findings of the Graca Machel Report of 1996.
Since that report the attention of the international community has been increasingly focused on the promotion and protection of the rights of children affected by armed conflict. Following the appointment of the Special Representative of the Secretary General, Mr. Olara Otunnu the plight of children affected by armed conflict received high priority at the United Nations. However the continuation of violations of the rights of concerned children, despite the concerted efforts of the international community has necessitated the Security Council taking a special interest in the matter.
The Liberation Tigers of Tamil Eelam has for many years been engaged in recruiting children for armed combat. This practice has to be viewed against the undertaking given by that entity to Mr. Olara Otunnu in 1998 and the signing of an Action Plan for Children Affected by War in July 2003 by the LTTE under the aegis of UNICEF. In that Action Plan the LTTE agreed to halt the recruitment of children and release all children within its ranks. Despite these solemn undertakings the group has continued the practice of recruiting thousands of children in most cases by force some of them as young as 11-years-old. Moreover the LTTE has engaged in re-recruiting those who had been released and even those who had escaped from training camps through threats, intimidation and physical attacks on the children as well as their family members. During 2004 more than 100 cases of new recruitments and re-recruitments were reported to UNICEF, a high percentage of them being girls. The LTTE has often carried out recruitment by force, abducting children while on their way to school or during religious festivities and beating families and teachers who resisted the seizure of children.
Against this background Sri Lanka has supported the recommendations of the recent report of the Secretary General submitted to the Security Council to be implemented against those who fail to cease the practice of recruiting child combatants. Sri Lanka is of the view that enforcement of these measures on a gradual scale will have a persuasive impact on all those who are deliberately violating the rights of children affected by armed conflict.
We are deeply committed to the continued implementation and consolidation of the Ceasefire Agreement between the Government and the LTTE and to take the peace process forward towards a logical conclusion while safeguarding the territorial integrity and sovereignty of our country.
President Kumaratunga in her address to the National Advisory Council for Peace and Reconciliation on October 4, 2004 said that the government was committed to do all that is required to persuade the LTTE to return to the negotiating table.
She added that any agreement to bring peace should be within the framework of a united Sri Lanka guaranteeing the sovereignty of the nation and the security of all its peoples.
Let me conclude by reiterating that the Government of Sri Lanka will continue to pursue its constructive engagement with the UN system and its Human Rights mechanisms. The delegation of Sri Lanka will actively seek to engage with all members of the Commission on Human Rights to narrow differences, reach consensus and to ensure that the current sessions will contribute to our common goal of promoting and protecting human rights.
Khalid
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