An expanded version of the Sri Lankan reply by Prof Rajiva Wijesinha,
Secretary General of the Secretariat for Coordinating the Peace Process
to concerns raised in the debate at the United Nations Human Rights Council
following the report of Ms Louise Arbour, High Commissioner for Human Rights.
Sri Lanka welcomes the interventions of so many countries and
organizations, which suggest a deep concern for the welfare of the
citizens of Sri Lanka. Some expressions of this however are reminiscent of
a character in a novel of Trollope, a lady who was deeply in love with a
gentleman, and would have done anything on his behalf. However, as the
novelist put it in a vivid account that is relevant to many relationships,
never once did it occur to her to think deeply about what he himself might
want or need.
Thus, Mr Chairman, everyone prescribes for Sri Lanka, while not everyone
studies our situation deeply. We are as you know in the throes of dealing
with a very violent terrorist movement. Other countries, dealing with
proportionately less dangerous, proportionately less murderous,
organizations, have had to make adjustments with regard to the rights they
have striven to uphold, and we are no exception. However, we continue
aware of the importance of human rights, and welcome all assistance to
maintain these, whilst we continue with our struggle against terrorism
that is so destructive of perhaps the most fundamental right of all, the
right to life.
We have requested assistance in a number of areas, but so far the response
has been disappointing. Sometimes this is due to our own incapacity,
sometimes to incapacity or unwillingness on the part of others. Thus, our
National Human Rights Commission, currently treated with contumely by some
members of the international community, was supposed some time back to
have the services of United Nations Volunteers in its branch offices. When
the former Senior Human Rights Adviser of the High Commissioner was
remonstrated with, for there being a shortfall in this regard during his
watch, he noted that donors had been unwilling to contribute. There may
have been good reasons for this, but the result is what seems a self
fulfilling prophecy.
Again the UN Special Rapporteur, Phillip Alston, produced a very helpful
report in 2006 which made clear the need for better police training.
Though undoubtedly the Sri Lankan government should also have been more
efficient in pursuing his recommendations, it is a pity that the SHRA had
not been able to facilitate this, or indeed draw attention to shortcomings
in this regard in regular reports to the relatively recently appointed
Minister for Disaster Management and Human Rights. Not perhaps
coincidentally, a national committee appointed by the Minister has
recently produced recommendations on similar lines (expanding also on Mr
Alston's concern for bilingualism amongst those responsible for security).
We hope that even now the High Commissioner's office will assist, along
with those members of the international community most concerned about our
situation, in expediting the necessary training.
Another example of misplaced concern may be seen in the assertion,
undoubtedly in good faith, of the honourable delegate from the
Netherlands, who said that the International Group of Eminent Persons,
asked by the Sri Lankan government to assist in an important Commission of
Inquiry, has resigned. Last month there were very different rumours to the
effect that HE our President, who appointed both, was not going to renew
their mandates. He has now done this, but the IIGEP has indicated that it
will not continue beyond next March.#
Certainly there have been problems, and many of us believe that the
inquiries should have been conducted more expeditiously. But it must be
remembered that, unlike in many other countries, we are inquiring into
such cases before the conflict has concluded. Certainly progress has been
much quicker, in the year since the Commission was appointed, than in many
similar situations elsewhere. To suggest therefore that the IIGEP has
resigned already in despair is unfortunate, and we hope that, in the four
months left, the Commission will be able to resolve some of the cases.
Incidentally, with regard to one case - since regular investigations
continue - the police have already handed over documentation for an
indictment to be issued to the legal authorities.
It is important also to note some other misleading claims. There are
suggestions that the climate for aid workers is increasingly dangerous.
The actual figures however indicate that the situation is much better than
last year, when there was one particularly bad incident. That however
occurred to 17 aid workers sent, contrary to elementary safety precautions
being practised at the time by all other aid agencies, into an area in
which the LTTE had launched a full scale attack. This was the first large
scale breach of the Ceasefire Agreement (as opposed to its 3000 odd small
scale breaches, in comparison with a few hundred by the government as
ruled by the Scandinavian manned Sri Lanka Monitoring Mission) and
aggressors as well as defenders were under severe pressure until
hostilities stopped. The investigation continues and, though assistance
from the UN was not readily forthcoming with regard to Witness Protection
in this regard, the Australian government has recently proved extremely
helpful in this regard.
Again, reference has been made to increasing attacks on civilians.
Statistics have been cited with regard to incidents in the last couple of
weeks, but specific responsibilities have not been attributed in the
blanket assertion that both sides are responsible. As our Permanent
Representative made clear, there were three deliberate targetings by the
LTTE of civilians, leading to over 30 deaths, the vast majority of those
adduced here. Of the rest, the Sri Lankan government stands by its right
to deal with institutions devoting themselves to militaristic propaganda.
We are sorry in this regard that, whilst the Norwegian government has
remonstrated with the LTTE Peace Secretariat, which it helped to fund, for
highlighting pictures of suicide cadres about to set off on a mission of
destruction, this has not been done by UNDP, which also funded this
institution (in good faith and with the acquiescence of the Sri Lankan
government, albeit required procedures were not always followed).
Of the civilian deaths in LTTE controlled territory, it should be noted
that the Jaffna University Teachers for Human Rights, in a report which is
certainly critical of the government in some respects, asserts that the
incident in which there were 11 casualties was not the work of the Sri
Lankan army. It attributes this to Tamils under the brutal control of the
LTTE who resent this, a segment of the population who are ignored by many
of the agencies who are otherwise concerned about Sri Lanka.
Finally, attention should be paid to the enduring commitment of the Sri
Lankan government, despite all the difficulties it encounters, both with
regard to its own capacity and technical competence, as well as with
regard to terrorist threats, to abide by its commitments to its citizenry.
A recent report by the office in Sri Lanka of the United Nations High
Commissioner for Refugees highlights the continuing provision of advanced
educational facilities for instance to almost all the children in Jaffna
Welfare Centres. In a context in which the government and Sri Lankan
forces are demonized, it should be recorded that there are hardly any
problems with regard to what are characterized as 'Protection Incidents'.
Just 12 incidents of torture over 18 months may be 12 incidents too much,
but it is a record of which many countries would be proud. Incidents with
regard to security checks, essential given the terrorist methods Sri Lanka
has to combat, came to 134, but the only other type of incident in double
figures was Domestic Violence at 62, regrettable but not something to lay
at the door of the government or the armed forces.
The government provides IDP rations to 97% of the centres, work is
available for 100%, and basic foodstuffs are not only readily available
but also affordable. Mr Chairman, this type of monitoring, by a respected
UN agency, should be taken note of by our interlocutors. It will make
clear that, while we have problems, and welcome aid and assistance to
overcome them, as a nation we can be trusted to look after our own. |