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GoSL assures UNHRC credible truth-seeking mechanism planned

13 Sep 2022

  • Ali Sabry says suitable model for same under discussion
  • Notes need to reassess whether Resolution 461 for any ‘benefits’ 
  • Talks up PTA amendments and release of detainees, establishing Office for Lankan Diaspora, delisting of proscriptions, 22A
BY Mirudhula Thambiah   The delegation of the Sri Lankan Government to the 51st session of the United Nations Human Rights Council (UNHRC) headed by Minister of Foreign Affairs M.U.M. Ali Sabry PC assured the UNHRC yesterday (12) that the Government endeavours to establish a credible truth-seeking mechanism within the framework of the Constitution, and that the contours of a model that would suit the particular conditions of Sri Lanka, are under discussion.  Minister Ali Sabry, addressing the 51st UNHRC session yesterday in Geneva, Switzerland, noted that the recommendations of the Presidential Commission of Inquiry for the Appraisal of the Findings of Previous Commissions and Committees on Human Rights and the Way Forward have resulted in progressive amendments to the Prevention of Terrorism (Temporary Provisions) Act as amended (PTA), and the release of detainees.  “Further recommendations are awaited,” he stated. He also added that the outreach to overseas Sri Lankans encompassing all communities will be expanded through the establishment of an Office for Overseas Sri Lankans. “We delivered on the onerous task of reviewing and reforming the PTA this year, in order to further enhance human rights, and we will replace the PTA with a more comprehensive national security legislation in accordance with international best practices. The recent delisting of groups and individuals will provide further impetus for constructive dialogue,” he added. Minister Ali Sabry pointed out that the Government will continue to provide the necessary support and resources to strengthen the functioning of the independent domestic mechanisms including the Office on Missing Persons, the Office for Reparations, the Office for National Unity and Reconciliation, and the Human Rights Commission of Sri Lanka.  In his address, he noted that it has been 13 years since the end of the conflict in Sri Lanka, and that since then, a new generation has emerged with their own aspirations.  “While issues of reconciliation and accountability are being comprehensively addressed through a domestic process, it is time to reflect realistically on the trajectory of this Resolution which has continued on the agenda of the UNHRC for over a decade, and to undertake a realistic assessment on whether it has benefited the people of Sri Lanka.  “There is a need to acknowledge actual progress on the ground and to support Sri Lanka. The current challenges, though formidable, have provided us with a unique opportunity to work towards institutional change for the betterment of our people. In a message of unity and reconciliation, President Ranil Wickremesinghe, in his inaugural address to Parliament, said that ‘if we come together, we will be able to invigorate the nation’,” he said.  Meanwhile, Minister Ali Sabry also pointed out that it is observed that the report of the UN High Commissioner for Human Rights (HCHR) makes extensive reference to “economic crimes”.  “Apart from the ambiguity of the term, it is a matter of concern that such reference exceeds the mandate of the UN Office of the HCHR (OHCHR). In this context, we recall the paramount importance of adhering to UN General Assembly Resolutions 60/251 and 48/141. The proposed 22nd Amendment to the Constitution introduces several salient changes which would strengthen democratic governance, and the independent oversight of key institutions, and combat corruption including through the Constitutional recognition of the United Nations Convention Against Corruption.  “The severe economic crisis emanating from factors both internal and external offer many lessons for all. 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 ensure their well-being through the provision of supplies essential to the life of the community,” he added. He also mentioned to the UNHRC that a staff-level agreement has been reached with the International Monetary Fund (IMF), and that 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.” The Minister also noted that the Constitutional rights to peaceful assembly and expression guaranteed the democratic space for the 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. “Sri Lanka, along with several Members of this Council, has opposed Resolution 46/1, fundamentally disagreeing with its legitimacy and objectives. We have consistently highlighted that the content of the Resolution, its operative paragraph six 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 followup measures to the Resolution, as well as the related recommendations and conclusions by the UN HCHR,” he said.  


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