Statement by Hon. (Dr) Harsha de Silva, Deputy Minister of National Policies and Economic Affairs at the Third Cycle of the Universal Periodic Review of Sri Lanka- Geneva, 15 November 2017

Mr. Vice President,

Excellencies,

Distinguished delegates,

Mr. Vice President,

Distinguished delegates,

-a renewed spirit of engagement;

-a renewed sense of confidence and commitment to promote, protect and uphold human rights of all citizens in the country, and internationally as well;

-greater openness to listen to the views of others including criticism, as criticism helps us introspect, learn, and make changes for the wellbeing of our citizens; and

-firm determination to transform our nation to a reconciled, stable, peaceful and prosperous country, where the rights of all citizens are protected, and the dignity of all are upheld.

Distinguished delegates,

2. National Report: setting new benchmarks

Mr. Vice President,

The first stage involved consultations through which the new National Human Rights Action Plan (NHRAP) was developed, as the recommendations of both UPR cycles were incorporated into the Plan. The preparation of the Action Plan itself involved wide consultations with two coordinating committees being established representing government and civil society to provide guidance to the process; ten drafting committees comprising government and civil society representatives to develop the thematic chapters; obtaining public recommendations online; public consultations for civil society and citizens to submit recommendations and views; and circulating the Action Plan among ministries, the Human Rights Commission of Sri Lanka, as well as UN agencies to obtain feedback before submission to the Cabinet of Ministers for approval.

The second stage involved the preparation of the draft National Report; its placement online for obtaining comments; placement of advertisements in newspapers seeking views; and the holding of direct consultations in five different cities – Colombo, Kandy, Galle, Jaffna, and Kalmunai – respecting and recognising the diversity of the country.

3. Dealing with the past to address human rights of all, and renewed engagement with the Human Rights Council and UN systems and procedures

Mr. Vice President,

Distinguished delegates,

For example, since the last UPR, Sri Lanka has participated in 6 Treaty body reviews, and the review on the Convention on the Rights of the Child is scheduled for January 2018.

Once again most of these reviews were carried out in 2016 and 2017, manifesting the Government’s clear commitment to these processes. We are determined to never slip back on reporting obligations again, and we are currently discussing ways to strengthen internal systems for this purpose, as well as the effective examination and follow-up of implementation of recommendations of treaty bodies, special procedures, and the UPR.

We will work with the UN Country Office and OHCHR, as well as ‘UPR Info’ in addressing the requirements for setting up and strengthening internal processes for this purpose, along with civil society.

-In December 2015, Sri Lanka extended a Standing Invitation to all thematic Special Procedures.

-Eight thematic Special Procedure Mandate Holders and Working Groups have visited Sri Lanka since the last UPR, with 6 of them being received in the last two years since January 2015.

-Moreover, the Working Group on Arbitrary Detention (WGAD) will visit from 4-15 December this year, and the Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression will visit early next year.

We in fact wonder whether so many Special Procedures may have ever been received by any other country, in such a short span of time.

Additionally, we had the previous and current High Commissioners for Human Rights visit Sri Lanka in 2013 and in February 2016 respectively; and the UN Secretary-General visited us in September 2016.

-the International Convention on the Rights of Persons with Disabilities (CRPD) in February 2015,

-the Palermo Protocol on Prevention of Trafficking in Women and Children in June 2015,

-the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) in May 2016,

-the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled in September 2016, and

-the Paris Agreement on Climate Change in September 2016.

4. Milestones in furthering Civil, Political, Economic, Social and Cultural Rights

Mr. Vice President,

-This important Constitutional Amendment reduced the powers of the Executive President and strengthened the independence of key institutions with the objective of depoliticizing the public service.

-Executive presidential authority to make appointments to independent commissions such as the Election Commission, Judicial Service Commission, Public Service Commission, National Police Commission, Finance Commission, Human Rights Commission of Sri Lanka, and Commission to Investigate Allegations of Bribery or Corruption, has now been subject to the approval of the Constitutional Council established through the 19^th Amendment.

-The Constitutional Council comprises representatives from the ruling and opposition parties in Parliament, as well as independent persons with no political affiliations.

-The President’s term of office stipulated in the Constitution as 6 years prior to the 19^th Amendment, was reduced to five years.

-The two-term limit of the Executive Presidency was restored.

-Parliament’s term was reduced from six to five years; and the President’s power to dissolve Parliament was curtailed and the President cannot now dissolve Parliament until the expiration of four-and-a-half years of its term, unless requested by a resolution with a two-thirds majority.

-These provisions strengthen the separation of powers by establishing fixed presidential and parliamentary terms, restores the independence of constitutionally appointed institutions and reduces the power of the Executive President over Parliament.

-It is empowered to investigate complaints of infringement or imminent infringement of fundamental rights, advise the government in formulating legislation, and make recommendations on ensuring that national laws comply with international human rights standards and on subscribing or acceding to human rights treaties.

-The Commission has been active in the recent Treaty Body reviews of Sri Lanka by submitting shadow reports, and we also welcome the Commission’s contribution to the current UPR Session. The Government has increased financial resources to be allocated to the Commission for next year.

-This Act enables a paradigm shift in the criminal justice system. The Act sets out rights and entitlements of victims of crime and witnesses.

-It provides for the payment of compensation to victims of crime, and establishes a special fund for that purpose.

-On 8 January 2016, the National Authority established under the Act was inaugurated by the President. The proposed Budget allocation in this regard for 2018, has been increased.

-The Inspector General of Police established the Witness Protection Division of the Sri Lanka Police, which is dedicated to provide protection to victims of crime and witnesses, and to investigate offences that may be committed against victims and witnesses.

-An amendment to the Act was passed by Parliament this month on 7 November, to provide for the victims and witnesses of a crime to record evidence or a statement through audio-visual linkage, from anywhere outside Sri Lanka, without personally attending Court, and to facilitate such process through Sri Lanka diplomatic Missions abroad.

-The Act came into operation on 3 February, 2017.

-It seeks to foster a culture of transparency and accountability of public authorities, and to combat corruption.

-By giving effect to the public’s right to access information, we are seeking to promote a society in which citizens would be able to fully participate in public life.

-The RTI Commission, set up to facilitate the implementation of the Act, is operational, and the public has already begun to benefit, with their requests for information from various public authorities being facilitated.

-Measures taken include addressing sexual and gender based violence.

-Action envisaged, for which discussion and consultations are proceeding, include legal reforms affecting discriminatory laws and practices, and amendment to personal laws deemed discriminatory.

-Regulations and measures have been made to eradicate the scourge of child labour to ensure the full enjoyment of the rights of the child. Since January 2016, a Special Presidential Task Force for the Protection of Children has been functioning under the direct purview of the President. In June 2016, demonstrating commitment at the highest level of Government, the President signed a pledge on ‘Zero Tolerance of Child Labour’ during an event held to commemorate the ‘Day against Child Labour’.

-The Budget for 2018, that was presented in Parliament last week on 7 November, was prepared based on the principles of the Sustainable Development Goals; and titled ‘Blue-Green Budget: the Launch of Enterprise Sri Lanka’. It is intended to reawaken the entrepreneurial spirit, enabling Sri Lanka to be a vibrant trading hub and encouraging all Sri Lankans to become co-owners of a country enriched.

-The pursuit of a ‘Blue-Green Economy and Development Strategy’ is not only in line with our international commitments to the Paris Agreement for instance, or the 2030 Development Agenda, but more importantly, a responsibility we discharge to ourselves and generations to come, not only in our own country, but as a responsible member of the global community and co-inhabitants of this one Planet that we all call home.

-We have managed to sustain a steady GDP growth rate of 4 and ½%; and in 2018, we envisage a growth of 5%.

-We are working towards the implementation of the 17 Sustainable Development Goals (SDGs) in the 2030 Agenda, by incorporating them into Government policies and programmes.

-The passage of the ‘Sri Lanka Sustainable Development Act’ by Parliament in October 2017 is a step forward in upholding the Government’s pledge to abide by the UN’s Sustainable Development Agenda. We understand that Sri Lanka is one of the few countries thus far to provide legislation to facilitate this process. 

The Act makes provision for the country to prepare its National Policy and Strategies with its own national interests, but guided by the 17 Sustainable Development Goals.

-Recognising language barriers faced by people in the Northern and Eastern Provinces in accessing law enforcement mechanisms, 216 male Tamil-speaking Police Officers, 26 Tamil-speaking female Police officers and 14 Tamil-speaking sub-inspectors were recruited in 2016.

-A Consultation Task Force (CTF) comprising eleven eminent civil society members conducted nation-wide consultations on reconciliation mechanisms. The input received through this process has been used in preparing the initial design and contours of the TRC and Reparations Office, and are also being constantly looked into for other reconciliation process related work. Regular consultations with the CTF members and the Zonal Task Force members continue through the Secretariat for Coordinating Reconciliation Mechanisms.

-The reconciliation mechanisms themselves, once set up, will use the reports, data and material produced by previous processes including presidential commissions such as the LLRC, the Presidential Commissions of Inquiry into the Involuntary Removal or Disappearances of Persons established during the 1990s; the Presidential Commission to Investigate into Complaints regarding Missing Persons also known as the Paranagama Commission; as well as reports of the UN and its agencies, individuals, and human rights organisations, both in the country and overseas.

-A wide process of public consultations was also conducted in relation to Constitutional Reform, by the Public Representations Committee set up for this purpose. The Constitution Reform process is prioritised as a measure for guaranteeing non-recurrence of conflict. A Special Session of Parliament was convened on 9 January 2016, to mark the 1^st anniversary of the formation of the National Unity Government following the Presidential Election, in order to commence work on adopting a Framework Resolution on the formation of the Constitutional Assembly and to commence work on the process of Constitutional Reform. The resolution was adopted unanimously in March. A Steering Committee and six sub-committees were accordingly appointed to make recommendations on specific thematic issues related to fundamental rights, judiciary, law & order, public finance, public service and centre-periphery relations. The Interim Report of the Steering Committee was presented to the Constitutional Assembly by the Prime Minister on 21 September this year, and it was debated in the Constitutional Assembly for 5 days from 30 October to 3 November. Further consultations will continue before the final Report of the Steering Committee is presented. The passage of a new Constitution will require a two-thirds majority in Parliament, followed by approval by the People at a referendum.

5. Operationalisation of Resolutions 30/1 and 34/1 and Reconciliation

Mr. Vice President,

-The Office on Missing Persons (OMP) which became operational on 15 September this year, is the first of the reconciliation mechanisms to be set up, with Rupees 1.4 billion proposed to be allocated for its establishment in our budget for 2018 that was presented to Parliament last week.

 Distinguished delegates,

-For the very first time in our history, a section of the National Budget for 2018, is expressly dedicated to reconciliation. We consider investments in reconciliation and peace as sound economic policy as they strengthen security and stability and foster a fertile environment to attract investment. Likewise, sound economic policy that fosters income growth and employment helps us to build the conditions necessary for long-term peace, security, stability and reconciliation.

6. CONCERNS AND CHALLENGES

Mr. Vice President,

We will, Excellencies, also share some of our concerns and challenges.

-Sri Lanka has accomplished much. Yet, we do not consider it a reason to be complacent. Neither are we, as some tend to allege, indifferent or uncaring about human rights. We remain acutely aware and conscious that there is much more to be done, to ensure that all our citizens enjoy the rights due to them to their full extent. We firmly believe that citizens empowered by their individual rights will strengthen our nation.

-Our achievements over the past 35 months, we feel, should be viewed in the context of a developing nation that is firmly committed to taking steps to:

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  • ensure non-recurrence of conflict through reform, including administrative, institutional, constitutional, legal, economic, as well as human rights;

  • heal the mistrust among communities and restore faith in state institutions that has been eroded through long years of violence and neglect, that has affected all communities at different times and in different ways, including two youth insurrections in the south; and

  • restore the standards and norms of good governance, transparency and efficiency in the functioning of institutions at all levels.

     

    -Unfortunately, each step taken to reconcile the nation and acknowledge the legacies of our difficult past is contested. Our efforts to protect and promote human rights are often attacked by opponents as inviting foreign interference. Our efforts to ensure harmonious relations between the different ethno-religious communities, and our commitment to constitutional reform, are often attacked by opponents as attempts to create divisions. Yet, we persevere with strong determination.

    
    -As a democratic country, we welcome robust criticism and debate about our journey towards the full enjoyment of human rights, and sustainable peace and reconciliation. But we are aware that our public sphere, like that of many other democracies, features some degree of misinformation, manipulation and prejudice. It is for this reason that we have sought to tread cautiously and prudently with a view to building and sustaining national consensus on the importance of protecting and promoting human rights, and advancing reconciliation. As a nation, we have been through much strife for long years. At this historic moment when the two main political parties are working together, we want to ensure that we tread cautiously to take steps that would ensure that the reform that we initiate is sustained in the long-term.

     

    7. CONCLUSION

 Thank you.