Fri,
2012-11-02 01:41 — editor
Geneva,
02 November, (Asiantribune.com):
The
Universal Periodic Review (UPR) of Sri Lanka took place this afternoon at the
United Nations Headquarters in Geneva , amidst Member States and Observers of
the Human Rights Council. The country’s opening Statement was delivered to the
Council by Minister Mahinda Samarasinghe, Minister of Plantation Industries,
Special Envoy of the President on Human Rights and Leader of the Sri Lanka
Delegation
The
Universal Periodic Review (UPR) of Sri Lanka took place on Thursday afternoon
(01 November) at the United Nations Headquarters in Geneva, amidst Member
States and Observers of the Human Rights Council. The country’s opening
Statement was delivered to the Council by Minister Mahinda Samarasinghe,
Minister of Plantation Industries, Special Envoy of the President on Human
Rights and Leader of the Sri Lanka Delegation.
Given
below the full text of the statement made by Minister Mahinda Samarasinghe,
Minister of Plantation Industries, Special Envoy of the President on Human
Rights and Leader of the Sri Lanka Delegation at the 14th session of the UPR
Working Groupat the United Nations Headquarters in Geneva:
Madam
President,
Excellencies,
Distinguished Delegates,
Distinguished Delegates,
It
is my privilege and pleasure to share with the 14th Session of the UPR Working
Group information and perspectives on the action taken to promote and protect
human rights in Sri Lanka in the period since our first review in 2008. It has
been our consistently articulated position that, in the particular
circumstances and context of the Sri Lankan situation, the UPR process provides
the best opportunity to raise questions and seek clarifications about the
evolving situation in the country.
What
we had hoped for earlier this year was time and space for Sri Lanka to complete
the work of its domestic process that was in train in the post-conflict phase.
In March, we stated that the upcoming UPR would prove to be the ideal platform
to discuss all aspects of interest and concern, and today we appear before you
to fulfill that pledge. A country’s human rights situation cannot be assessed
in isolation and should be examined in the context of the realities on the
ground. We are ready, prepared and equipped to brief the Working Group and to
engage in a cordial and productive dialogue, in a spirit of candour and
openness, as to the promotion and protection of human rights in Sri Lanka. We
will also engage with the Working Group on our plans and expectations to
achieve incremental improvements in the human rights situation in the context
of post-conflict peace-building, reconciliation and the achievement of
normality for all our people.
99 countries that have subscribed to the list of speakers
We
appreciate the level of interest shown in the present developments in Sri
Lankan– exemplified by the 99 countries that have subscribed to the list of
speakers and the 20 countries that have sent in questions in advance. As much
as we are here to put forth our perspectives, we hope that, through this
dialogue, a greater understanding of the realities in Sri Lanka will be forged.
I appreciate Australia, Cambodia, Canada, Cuba, Czech Republic, Denmark,
Ethiopia, Germany, Ireland, Liechtenstein, Mexico, Netherlands, Norway,
Pakistan, People’s Republic of China, Slovenia, Spain, Sweden, United Kingdom,
United States of America, who have indicated their interest by presenting
questions that permit a more focused discussion.
In
the course of my presentation and those of my fellow delegates, we will respond
to these questions. I would like to take this opportunity to introduce my
delegation so that those of our peers participating in this interactive
dialogue would be assured that the right people are available to
authoritatively answer any question.I look forward to receiving the
recommendations that countries may propose and assure you that we will give
them our serious consideration.
Formulation of the National Action Plan for the Promotion
and Protection of Human Rights (NHRAP)
Let
me say a word on our former engagement during the first cycle of the Review and
the steps we have taken pursuant thereto. In May and June of 2008, I was
privileged to lead the Sri Lankan delegation to its initial UPR. We received
many recommendations, a majority of which we were able to agree to. We were
forthright in informing our interlocutors as to those with which we could not
agree. We also made several voluntary pledges in keeping with our national
goals and priorities. That UPR presented Sri Lanka with the opportunity of
taking a structured and holistic view of human rights in the country. This was
true of the internal and external dimensions of human rights. Internally, we
were able to take stock of our strengths and the challenges before us.
Externally, we were able to better coordinate and communicate our achievements
with our friends and partners.
The
chief positive that we can draw from that engagement in 2008 was the
formulation of the National Action Plan for the Promotion and Protection of
Human Rights (NHRAP). This was one of our principal pledges, made in keeping
with the Vienna Declaration and Programme of Action of 1993. Firmly based on
our national plans and priorities, we took into account the recommendations
accepted and the pledges made, recommendations of treaty bodies and special
procedure mechanisms in devising this plan. We commenced work almost
immediately thereafter to draft the Action Plan. Civil society representation
was invited and co-opted into the exercise. Finally, senior officials reviewed
the Action Plan and I presented it to the Cabinet which granted its approval in
September 2011. In December, the implementation strategy was also approved by
Cabinet including institutional arrangements for coordination and monitoring.
It was an extensive, time consuming process, but one that we are satisfied
with. Our civil society partners were fully involved – having near equal
representation on the drafting committees. Government focal points were also
extensively consulted prior to obtaining final approval. We have been engaged
in the initial stages of implementation during the past 10 months and will be
able to undertake a review towards the end of the year. It is also important to
acknowledge that, although we received some initial material support from the
UN Country Team in Sri Lanka, we ensured that the preparation and
implementation of the Action Plan is a nationally driven and nationally owned
exercise.
Madam
President,
Several
delegations have raised questions as to implementation of this National Action
Plan which we call theNHRAP. It addresses 08 thematic areas, viz., civil and
political rights, economic, social, and cultural rights, children's rights,
labour rights, migrant worker rights, the prevention of torture, women’s rights
and the rights of IDPs. I am happy to share specific examples of implementation
which we have achieved in the course of this year so that our friends and peers
would be able to appreciate our clear commitment towards the promotion and
protection of human rights in Sri Lanka.
•
We are preparing draft legislation on occupational safety, health and welfare
at work and this is being done by the Ministry of Labour and Labour Relations
(under Labour Rights);
•
Directives have been issued by the Police Department to ensure physical safety
of persons taken into custody and the provision of access to legal counsel as
of right (under Prevention of Torture),
•
the adoption and implementation of a national Trilingual policy as well as the
enhancement of scope and reach of national vocational qualification (NVQ) by
the Tertiary and Vocational Education Commission (under Economic Social and
Cultural Rights),
•
accelerated demining and awareness raising among IDPs of risks due to mines and
unexploded ordnance (UXO) (under Rights of IDPs),
•
implementation of the national action plan supporting the Prevention of
Domestic Violence Act of 2005 (under Rights of Women),
•
strengthening capacity to support Child Helpline (under Rights of Children),
•
establishment by the Sri Lanka Police Department of a special unit to combat
human smuggling and trafficking (under Rights of Migrant Workers),
•
completion of review and improvement of training syllabus and period of
training for police officers on human rights and language training, especially
Tamil language training (under Civil and Political Rights). The objective is to
ensure that Police officers are conversant with the language when serving in
areas in which the majority speak that language.
Madam
President,
As
you can see we have, in fact, commenced the implementation of the NHRAP and
those who raise questions as to the lack of progress may be reassured by these
specific examples. We will continue to provide updates to the Council on
further progress.
This
also outlines the major vehicle availed of to implement the outcome of the 2008
UPR. What must also be borne in mind, is the fact that the 2008 UPR took place
at a critical juncture in Sri Lanka’s nearly 3 decade-long war against
terrorism. Almost a year earlier, the LTTE had been defeated in the Eastern
Theatre and measures to ensure a return to civilian life were being
implemented. Soon after the Review, the final phase of the humanitarian
operation was launched to rescue the civilians who were being held by the LTTE
in the Northern Province of Sri Lanka. A sea-change occurred approximately 12
months after the 2008 UPR with the rescue of nearly 300,000 civilians in the
month of May 2009. What is of special significance is that our engagement with
the community of nations – especially in the Human Rights Council – never
lessened in intensity, and we regularly briefed the Council of contemporary
developments in Sri Lanka during the most difficult of times during the
humanitarian operation.
Madam
President,
Sri
Lanka, like any post-conflict polity, faced challenges of a magnitude and scope
that were truly daunting. The housing and maintenance of hundreds of thousands
of civilians, restoring security, law and order, clearing of vast tracts of
land contaminated by UXO including IEDs and landmines, restoring physical,
administrative, economic and social infrastructure, preparing people for
resettlement, identifying ex-combatants for rehabilitative care, the transition
from humanitarian assistance to a development phase, all while maintaining a
stable economy and sustainable growth in the rest of the country, were just
some of the tasks that the Government had to contend with. At the same time, we
were not complacent but tried our utmost to prevent and forestall acts of
destabilization from within and outside the country. There are still some
elements that support the LTTE’s cause of dismemberment and separation of our
island nation. We are aware of these initiatives and will defeat them by our
ongoing strategy of re-democratization, reconciliation, reconstruction and
development.
On Disappearance
Conflict
touches the lives of everyone. When armed conflict continues for as long as 30
years – as it did in Sri Lanka – it affects generations of people. It is for
this reason that the Government has placed such primacy on non-repetition of
the mistakes of the past and on genuine reconciliation. No one who lived
through the conflict would want their children or their children’s children to
experience what Sri Lanka collectively experienced in the past 30 or so years.
We are aware that reconciliation is not an easy exercise, nor is it one that
can be achieved overnight.
Some
of our friends by way of questions posed have indicated a desire to see a more
comprehensive approach taken with regard to the allegedly disappeared. The UN
Working Group on Enforced and Involuntary Disappearance (WGEID) has long
engaged with successive Governments to clear a longstanding backlog of 5,679
cases. I must note that many of these cases (over 4,000) date back over 20
years to the pre-1990 period. A further 1,089 date back to the 1991 to 2005
period. The remaining number lays to rest the canard of an increasing trend in
disappearance in the recent past.
We
are working to establish a cross agency national mechanism to clear this
backlog. A working committee has been established to respond to cases of
disappearances and a Deputy Inspector General of Police appointed to conduct
ground verifications of such cases to ascertain the present status. A special
piece of legislation to enable the issuance of death certificates to next of
kin was put in place and next of kin can claim monies due to them and obtain
secure a substantial degree of closure.
As
a part of implementing our responsibilities, the Government submitted its
response on 59 cases of disappearances recently brought to its attention by
theWorking Group. Another set of 100 cases referred by the Working Group has
been verified and submitted. Initial investigations have revealed that nearly 50%
of the cases have not been complained of to law enforcement. Further
investigations are being conducted on the remaining allegations communicated by
the Group. I must note that a comprehensive addressing of this challenge would
be greatly facilitated if countries that have received thousands of asylum
seekers would cooperate with us by giving us the names of such persons of Sri
Lankan origin so that a proper comparison with the allegedly missing can be
done.
One
of the questions we received has pointed out that the Human Rights Commission
of Sri Lanka has recorded 230 cases of disappearances in 2011. However, if
recourse is had to the National Report of Sri Lanka, detailed information as to
complaints of allegedly “missing persons” and “persons abducted” in 2010 and
2011 may be accessed. This information is presented together with the
remarkable success rate of the Sri Lankan authorities who have resolved a great
many of these supposed disappearances. The total number of persons reported
allegedly missing in 2010 was 7,940 out of which 6,653 have been found. The
corresponding numbers for 2011 are 7,296 reported and 5,185 traced. In 2010,
the number of persons allegedly “abducted” was 225 of whom 207 were later
traced. The number of allegedly abducted in 2011 was 239 of whom 226 have been
traced. Outstanding allegations must and will be thoroughly investigated and
any offenders brought to book.
Constitutional recognition of freedoms of association,
thought, conscience and expression
On
another question received, in Sri Lanka, the freedoms of association, thought,
conscience and expression receive constitutional recognition. Our civil society
has a long history of persons who have advocated for the rights of victims, the
disadvantaged and the marginalized. Persons can canvass for the protection of
these rights before courts of law. Civil society activists at all levels, have
freedom to jointly or in association with others form non-governmental
organizations and community based organizations. Organizations established as
trusts, voluntary social service organizations or as private companies. They
may seek registration at the national level if they require further
facilitation by the Government. This registration is not mandatory. The
allegations of intolerance or attacks against these organizations or their
leadership - in verbal or other form - emanate from time to time. I must state
with the utmost firmness that these alleged attacks are no part of Government
policy to stifle criticism, activism or dissent. Neither does the Government
condone any such attacks. As far as civil society activists who wish to engage
with the Government is concerned, in general, they are a valued partner in the
implementation of the NHRAP and we will work closely with them.
National Plan of Action to implement the LLRC
recommendations
Several
countries have also sought clarifications as to the Lessons Learnt and
Reconciliation Commission (LLRC) and the implementation of its action plan
published in July this year, pursuant to a decision by the Cabinet of
Ministers. The President, His Excellency Mahinda Rajapaksa, appointed the LLRC
in May 2010 in order to strengthen the national reconciliation process and to
ensure the dividends of peace to all Sri Lankans. The Cabinet of Ministers in
May 2012 decided that a Task Force headed by the Secretary to the President
would monitor the implementation of the recommendations of the LLRC. In July, a
matrix containing the National Plan of Action to implement the LLRC
recommendations developed by the Task Force and presented to Cabinet was
approved setting out the main focus areas for implementation.
Madam
President,
You
may recall that the primary focus of the ill-conceived March 2012 Resolution in
this Council was the implementation of the LLRC Report. Long before the
adoption of the Resolution, we assured the Council that we are committed to the
implementation of the domestic process by way of an action plan and that we
should be given time and space to achieve this objective. We have fulfilled our
commitment with a clear time frame for implementation which is in process as we
speak.
The
main focus areas are IHL Issues, Human Rights, Land Return and Resettlement,
Restitution/ Compensatory Relief and Reconciliation. The Task Force has
identified a corresponding activity, an implementing agency, a key performance
indicator and a time frame in respect of each recommendation. I must reiterate
that the action plan and its implementation is being spearheaded by the most
senior officials of the Government. Ministries and agencies have been requested
to forward their budgetary requirements to aid in the implementation of the
actions within their purview, commencing with the national budgetary process
for 2013.
Several
thematic sub-committees functioning under an apex task force is envisaged for
better coordination and implementation. Some countries have expressed concerns
that only some proposals have been included for implementation. It must be
pointed out that 285 was the sum total of observations and recommendations of
the LLRC. There was some duplication in Chapter 9 of the LLRC report. Moreover,
some of the recommendations fall under the ambit and scope of the NHRAP. The
Action Plan is based on what is implementable in the short, medium and long
terms, and the overall recommendations are further sub-divided on a thematic
basis into policy and practical matters. The 4 main sub divisions relate to-
•
National Policy;
•
the final phase of the conflict;
•
recommendations related to Human Rights and National Security concerns; and
•
recommendations related to re-settlement and development
Certain
matters of broad national policy in the Action Plan are to be referred to the
proposed Parliamentary Select Committee.
Madam
President,
Several
questions received by us on the LLRC Action Plan asked for specific examples
ofcompletion or substantial progress on activities . Like the NHRAP we are
happy to share with our friends actual implementation since its approval by
Cabinet in July 2012. The implemented areas so far are as follows:
•
Devising a centralized database of missing persons;
•
Implementing the Registration of Deaths Act (2010);
•
Creating a centralized database of detainees and make access available to next
of kin;
•
Screening detainees to identify those with special needs;
•
Examination of cases of young ex-combatants, release and reunification with
families;
•
Establish a task force to develop and implement a child tracing programme;
•
Ensure freedom of movement for media including in the North and East;
•
Remove restrictions on visiting places of worship;
•
Allow visitors from overseas to visit recently resettled areas; and
•
Free movement of persons on Kandy-Jaffna A9 Highway.
Hence
the suggestions that only part of the recommendations are addressed, and the
critique that there is no progress in implementation, is without basis. We will
of course as in the case of the NHRAP continue to update the Council on further
progress made.
Recommendation made on the treatment of ex-combatants
Further
progress has been made in relation to the recommendation made on the treatment
of ex-combatants. As of 22 October 2012, 11,012 persons, which included 594
LTTE child soldiers, have been rehabilitated and reintegrated into society. Of
the approximately 12,000 persons identified as ex-combatants and provided
rehabilitation, as of 22 October 2012, only 782 beneficiaries are undergoing
rehabilitation, and 262 are under judicially mandated custody (remand). Action
is underway to expedite the legal proceedings. If this is not clear progress, I
fail to understand what is.
Resettlement of IDPS
Another
important recommendation of the LLRC that we have done our utmost to implement
is the rapid and sustainable resettlement. Sustainability is of prime
importance in this context and resettled persons must be provided with “durable
solutions” which means that people who return must be able to lead normal
productive lives, equal or better to the life they led pre-displacement. The
closure of the last IDP welfare centre in Menik Farm by 24 September resulted
in our having to deal with only those IDPs who reside with host families and
those in protracted situations of displacement. While our focus has been on the
nearly 300,000 IDPs we received after their rescue in 2009, we have also paid
due attention to the “older caseload”. As at the beginning of October our
record of total resettlement was 501,194 persons. Among the remaining caseload
are the Muslim residents of the North who were forcibly evicted by the LTTE in
1990/1991 numbering in the tens of thousands in pursuance of their policy of
ethnic cleansing. Thousands of Sinhalese were similarly evicted by the LTTE. We
are clarifying the remaining number of displaced of every category and will put
in place programmes of resettlement for all those who wish to return. To aid in
the process of resettlement the total number of houses constructed in the
Northern and Eastern Provinces up to September 2012, one hundred and twenty
four thousand one hundred and eighty four (124, 184) at a cost of Rs. Billion
33.34 from 2005. Needless to say we are justifiably proud of our achievement.
This is another example of implementation of a recommendation of the domestic
process.
Madam
President,
Sri
Lanka’s rapid progress in resettlement would not have been possible without the
intensive humanitarian demining operation. It is a matter of pride that a vast
majority of the work has been completed, at considerable risk by the Sri Lanka
Army. Initially, it was suspected that mines had been laid in an area of more
than 5,000 square kilometres. Demining such a vast area was a formidable
challenge that the Government unhesitatingly undertook immediately after the
conflict ended. At present, 2,061 sq.km have been identified as hazardous
areas. The area cleared is over 1,953 sq. km. The scale of the problem the
Government faced in demining can be clearly seen from the number of mines and
other devices unearthed and neutralised during the demining process. Over
900,000 hazardous devices have been recovered. These include anti-tank,
anti-personnel and IEDs amongst the recovered UXO. As of 25 October 2012, about
98% of the areas identified for demining have been cleared and approximately
108 square kilometers of territory remains to be cleared. This data refers to
10 Districts in all including 3 in the East, 5 in the North and 2 in the North
Central Province. Further demining will enable the remaining contaminated areas
to be used for resettlement.
The
Sri Lanka Army was responsible for demining approximately 75% of the land which
was the largest single area assigned to any of the parties involved in demining
and included most of the densely mined regions. The entire demining programme
was carefully planned and executed. Priority areas were chosen to maximize
efficiency and enable the speedy return of the displaced. The first was to
demine towns and villages; the second, to demine agricultural areas and paddy
fields; and finally to clear forested areas. Presently, nearly all of the two
main priority areas have been dealt with. Work only continues in a few areas
where the concentration of mines is at its highest. Many of these are places
where heavy fighting took place during the last stages of the conflict. It is
our aim to completely clear these in the near future. I ask the question once
again: isn’t this progress?
Madam
President,
As
we pointed out in our National Report, special emphasis has been given to
regulating the activities regarding the management of land in the Northern and
Eastern Provinces. The Ministry of Land and Land Development has decided to
resolve the land disputes in these areas by implementing a special programme.
Cabinet approval has been received for policy proposals relating to the matter.
It is proposed to set in place mediation boards in terms of the Mediation
(Special Categories of Disputes) Act to resolve disputes between owners who
have paper title and have been displaced and those of them who are in unlawful
occupation as an alternate dispute resolution mechanism. Furthermore, an
amendment to the Prescription Ordinance is presently being considered whereby
displaced or disadvantaged owners of land will be exempted from the rules of
prescription during a period of 30 years so as to enable them to defeat any
competing claims based on the lapse of time.
Madam
President,
With
regard to matters of accountability and the allegations as to the violations of
humanitarian and human rights law, the LLRC in its report clearly states, that
protection of civilian life was a key factor in the formulation of Government
policy for carrying out military operations, and the deliberate targeting of
civilians formed no part of that strategy.
We
have pointed out in our national report that the Government has already carried
out a series of measures which will enable firm and verifiable conclusions to
be arrived at on issues involving accountability, without any element of
conjecture or speculation. If reliable evidence is available in respect of any
contravention of the law, the domestic legal process will be set in motion. I
must stress that these are Sri Lankans and our Government is determined to make
a full accounting for our people. As no comprehensive census has been carried
out in the Northern Province since 1981, the Department of Census and
Statistics was charged with the task of making an enumeration of vital events
in the Northern Province and this task was completed in 2011. Critical for
socio-economic and development planning, the enumeration, followed by an island
wide census in 2012, will provide an accurate picture of patterns of deaths,
outward migration within and outside the country, caused by the conflict and
other reasons. A comparison of the population data from the enumeration and
from the island wide census will enable the Government to gain an understanding
of the magnitude and ramifications of the conflict. Causes could include LTTE
cadre killed in action, cadre and civilians who escaped the conflict and
migrated to other parts of the country and/or overseas, civilians likely to
have been killed in the crossfire, civilians killed by the LTTE while seeking
to escape from their control, false reporting and reported deaths that did not
occur during the period of the humanitarian operation. The outcome will finally
and conclusively lay to rest the unfounded allegations of ‘tens of thousands’
of civilian deaths alleged to have occurred in the first five months of 2009. I
am sure that you will agree, that this is indicative of a serious and
systematic attempt to account for people.
A five-member Court of Inquiry on the subject of
Accountability
Still
on the subject of accountability and responding to questions received, a
five-member Court of Inquiry was appointed on 2 January 2012 by virtue of the
powers vested in the Army Commander under the Courts of Inquiry Regulations,
read with the Army Disciplinary Regulations, promulgated by the Army Act and is
headed by a Major General. This Court of Inquiry was tasked with inquiring into
the observations made by the Lessons Learnt and Reconciliation Commission (LLRC)
in its report on alleged civilian casualties during the final phase of the
Humanitarian Operation and probe as regards Channel-4 video footage.
Since
its initial sitting in the first week of January 2012, as of October 2012, the
Court of Inquiry has convened approximately 30 times and has examined many
witnesses. It should be noted that the Court is investigating more than 50
incidents referred to in the LLRC report. Investigations cover whether or not
any attacks were carried out by the Army on civilians, on hospitals or in the
no-fire zones including the specific instances referred to in the LLRC Report.
Irrespective of whether the Channel 4 story is authentic or not, the Court of
Inquiry has been mandated to take measures to ascertain whether the uniformed
persons featured in the Channel 4 footage can be identified as members of the
Sri Lanka Army, and other violations of military law, if any.
Additionally,
the Sri Lanka Army has commenced investigations by appointing a Board of
Inquiry to study the LLRC recommendations and formulate a viable action plan to
implement the recommendations that are relevant to the Army. The Sri Lanka Navy
has also initiated similar measures.
Allegations of torture
Questions
were also raised on the subject of Torture. With regard to allegations of
torture, there are several avenues for investigation and prosecution of
offenders. Prosecution under the Convention Against Torture Act, complaints to
the National Police Commission, complaints to the Human Rights Commission and
even a complaint to the Apex Court alleging torture, are avenues available to a
victim of torture or other ill treatment violative of human rights. The Police
also conducts internal reviews and may take action against a delinquent officer
by utilizing disciplinary processes. Workshops on Prevention of Torture for
police officers have been conducted and 474 have been trained from 2009 – 2012.
A new initiative with the assistance of the Asia Foundation has been launched
to expand training and education of police officers and investigators. It is
envisaged that prosecutors, judicial officers, and prison officers will be
included. New measures taken by the Police will also assist in reducing the
incidence of abuse and ill treatment of persons. A circular issued in December
2011 by the Inspector-General of Police ensures the safety of the persons in
police custody – both male and female. Moreover, by circular issued in May
2012, access to Attorneys by persons in Police custody is assured as of right.
At the same time, the upgrading of interrogation and forensic investigation
skills is ongoing to ensure that officers do not have to rely on coercive
methods to obtain information.
Bill on the protection of victims and witnesses
A
question was also received by us on the status of the Bill on the protection of
victims and witnesses. The draft legislation of 2008 has been amended to
incorporate recommendations made by the Supreme Court and the Parliamentary
Consultative Committee on Justice and has now been submitted to Cabinet and,
upon approval, will be presented to Parliament for enactment.
Madam
President,
Sri
Lanka has consistently engaged with the OHCHR, the Special Procedure Mechanisms
and relevant Treaty Bodies. In the context of the invitation extended in April 2011
to the High Commissioner for Human Rights to visit the country, a preparatory
visit by a team from the OHCHR was facilitated by the Government in September
2012. The team was granted unfettered access and was provided with the
opportunity of interacting with a broad range of stakeholders, including senior
representation from government, opposition and civil society. We are still
awaiting the dates from the High Commissioner on her impending visit to Sri
Lanka.
Military Presence in the North
One
concern that seems to have drawn the attention of our friends is the question
of military presence in the former theatre of conflict. Here, I must
categorically state that there has been a significant reduction of the military
strength in the North since the end of the conflict. There is no intrusive
military presence impacting on civilian life –in Jaffna or in the Wanni. On the
contrary, the military has successfully completed a great deal of work to
assist civilians return to their normal lives in the aftermath of the conflict.
From May 2009 to October 2012, the Army has constructed 4,652 permanent new
houses, 6,171 semi-permanent houses and has renovated 7,454 houses, through
their initiative and efforts. It has constructed 73 schools, renovated nearly
500 old school buildings and has constructed 23 school playgrounds. The Army
has made a significant contribution to the improvement of water, sanitation and
hygiene facilities. The Army has contributed to the socio-cultural needs of the
people by building/restoring nearly 250 places of religious worship belonging
to all faiths in the North and the East. Moreover, it has contributed to the
repair of 11 main roads and 43 minor roads during this period.
Livelihood
assistance has also been facilitated by the Army. A number of medical clinics
have been held, and assistance provided for the conduct of religious, cultural
and other festivals. The Sri Lanka Navy and Air Force also facilitated similar
projects. The military has, therefore, delivered an outstanding contribution to
the restoration of normality. It is noteworthy that these functions have now
been taken over by a fully restored civilian administration.
Special Women’s Protection Units
A
question was also posed as to a supposed increase in sexual violence in these
areas. Sri Lanka set up special Women’s Protection Units with female Police
officers and Women’s Centres in the IDP welfare centres and are continuing to
provide counselling services. Strict legal action has been taken to combat
sexual violence. During the three-year span from May 2009 to May 2012, 256
sexual offences have been reported in the North in all five districts; 176
cases are pending hearing by the courts, 67 cases have been forwarded to the
Attorney General for advice, 2 convictions have been recorded and 11 cases are
currently under investigation. Any correlation between military presence and
sexual violence is unfounded.
The
protection of women and the advancement of their rights has been a cornerstone
of our Government’s policy. Especially in the post-conflict phase, the problems
of women have been under scrutiny. Several projects have been initiated in this
connection including livelihood development, micro-finance, self-employment,
entrepreneurship, empowerment, enhancing access to law enforcement and legal
remedies. There has been a special emphasis on conflict-affected women
including female-headed households.
Sri
Lanka has, over the past several decades, meaningfully integrated women as
equal partners in shaping the economic, political and social life of the
country. We recognize that civil and political rights are interlinked with
social, cultural and economic rights and that these reinforce each other. Sri
Lanka ratified the Convention on the Elimination of All Forms of Discrimination
against Women (CEDAW) in 1981 and acceded to the Optional Protocol in 2002. Sri
Lanka’s combined fifth to seventh periodic report was considered at the
forty-eight session of the Committee and observations on concluding
observations have been submitted.
Language Policy
Language
policy has been one of the key issues which impacts upon the reconciliation
process. We have set out the measures taken in relation to both the NHRAP and
the LLRC Action Plan relating to the Trilingual Policy (2012 to 2020), and its
implementation. It is heartening that the military and the police have taken a
lead in accelerated language training. Future recruitment and advancement in
the public service will also depend on achievement of linguistic competence.
Language is key to confidence building among the multi-lingual segments of Sri
Lankan society.
Madam
President,
With
the restoration of local governance structures, local civil administration,
participation in national elections and a restoration of civic consciousness,
the next step would be consideration of elected Provincial representation.
Demining, resettlement and the establishment of settled communities are
pre-requisites for democratic activity – especially at the peripheral and
regional level.
There
is also the question of the larger discussion of the way ahead as a nation and
the institutional and other arrangements necessary to unify the people and work
together for a mutually beneficial future. We also wish to reemphasize that a
central feature of the Government’s approach to evolving a consensus formula
remains, primarily, the establishment of a Parliamentary Select Committee
(PSC), aimed at achieving multi-party consensus in respect of political and
constitutional measures. The motion was unanimously adopted by Parliament in
November 2011. Government has already nominated its members to the PSC and is
awaiting the nomination of members representing the opposition, after which its
sittings can commence. Parallel with this multi-party mechanism, the Government
engaged in bilateral discussions with Tamil political parties as well as Muslim
representation. Mindful of the fact that all previous attempts at evolving a
constitutional formula failed due to the lack of consensus, the Government
remains optimistic that the PSC would help achieve the required consensus,
given its inclusivity, transparency, and adherence to democratic norms.
Madam
President,
The
Government of Sri Lanka has expended an enormous amount of resources, time and
effort in restoring normality to the conflict afeected areas. The Government
committed USD 2.8 billion mostly through loans, with some grant funding, in
support of ongoing projects in 2011. Investment in infrastructure especially
roads, railways, transport will pave the way for restoration of livelihoods and
the movement of goods. This is in addition to expenditure on humanitarian
assistance and relief where the Government’s commitment for 2009 and 2010 alone
was USD 368 million. The UN system and international and national NGOs
mobilized USD 437.90 and 100.26, respectively, for the period 2009 to mid 2012.
Health
is another focus area with the per capita expenditure being over 3.5 times that
of other Provinces in the 2009 to 2011 period. The number of hospital beds in
the Northern Province per 1 million population is the highest in the country.
Nutrition levels of infants and young children and post-partum care
availability in Northern areas are also receiving attention, with Jaffna
already exceeding the national averages.
Expenditure
on education was Rs 1.3 billion for the 2009 to 2011 period andNine hundred and
sixty four schools are functioning in the Northern Province as at August 2012.
Free uniforms, books and mid-day meals are provided by the Ministry of
Education.
Water
and sanitation is an area of focus with an investment of nearly Rs. 30 billion.
Supply of electricity to Kilinochchi, Mannar and Mullaitivu needs to be
improved to reach the levels of Vavuniya and Jaffna in terms of reach. Rs. 13
billion has been invested by Government supplemented by borrowings in this
regard.
Religious
sites and places of worship have also been supported and their restoration has
also seen costs incurred in respect of all 4 religious faiths practiced in Sri
Lanka.
Agriculture
has received a boost with paddy (unhusked rice) production in the Northern
Province tripling from 2009 to 2011. This momentum will be maintained with the
reclaiming of abandoned agricultural land. The provision of farm machinery,
tractors, fertilizer, as well as the disproportionately large Government
expenditure on the sector, will bear dividends. The investment in Irrigation
for the 3 years since 2009 is approximately Rs. 4.5 billion.
Madam
President,
Restrictions
on fishing have now been almost completely eased and northern contribution to
national fisheries output has almost doubled from 2009 to 2011. Over 48,000
persons are employed in this sector. Infrastructure including boats, ice
plants, cool rooms and freezer trucks have increased quantitatively during the
post-conflict phase. Animal husbandry and livestock sectors have recorded
impressive growth. The banking sector has also expanded to meet the growing
need and seen an increase in outlets, deposits, and in special credit schemes
to promote livelihood and development. The economy has shown incredible
resilience and has demonstrated a growth rate of 22% in 2010 with 27% in 2011
reflecting a high level of return on investment.
Following
on a nominal growth rate of 22 per cent in 2010, the Northern province in 2011
recorded the highest growth rate in nominal terms, of 27.1 per cent, among all
provinces, and continued to increase its share of the national economy driven
by an expansion in agriculture, fishing, construction, transportation and
financial services.
Millennium Development Goals
We
have integrated the Millennium Development Goals (MDG’s) into the National
Development Agenda. Sri Lanka is on track to reach most of the indicators. Some
have been achieved already. Among the notable achievements are those relating
to equitable primary education. The universal primary education net enrolment
rate has reached 99 per cent in 2009 for both males and females. The proportion
of students starting Grade 1 and reaching Grade 5 has increased to almost 100
per cent in 2006/07), child mortality (the current level is 9.7 infant deaths
per 1,000 live births) and maternal mortality (the MMR is 39.3 deaths per
100,000 live births in 2009, are the lowest in South Asia), access to safe
drinking water (nearly 85 per cent of households have sustainable access to
improved drinking water in 2006/07) and literacy (with female adult literacy at
97% and male adult literacy at 98% in 2010). There is no gender disparity in
these achievements. In secondary and tertiary education, the ratio of girls enrolled
is greater.
Economic
development must now seamlessly follow the humanitarian assistance and early
recovery phases. The new UN Development Assistance Framework that will be
applicable from 2013 reflects this shift in perspective and approach. We expect
that, in keeping with our needs and priorities, that our friends and partners
will extend their understanding and cooperation to our efforts in developing a
stable and prosperous Sri Lanka.
Madam
President, I look forward to a very constructive review and thank you for your
attention.
-
Asian Tribune -
