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The Permanent Mission
of Sri Lanka to the United Nations Office at Geneva has rebuffed
attempts by the Human Rights Watch (HRW) to mislead the Human Rights
Council of the United Nations on the human rights situation in Sri
Lanka. The Mission concludes that “Her irresponsible and irrational call for a
resolution to be passed against a country which has shown willingness
and capacity to address human rights concerns in a difficult situation
of on-going conflict, and her relentless call for a United Nations
Monitoring Mission flies in the face of such assertions of a self
declared moral agenda and brings HRW and other such agencies into
disrepute.” HRW's Charu Lata Hogg's latest claims of “thorough and contemporary reporting” to describe her report on Sri Lanka, is a disrespectful attempt to mislead the member states of the United Nations, whom she hopes to convince by repeatedly including unsubstantiated allegations and wild assertions as serious reporting. The description of Sri Lanka as in a human rights "crisis" shows an unethical disregard for situations which might actually warrant such description and may need the serious attention of the Human Rights Council. Such irresponsible reporting weakens the case for Human Rights agencies' call for a bigger role in the workings of the new Human Rights Council, and strengthens the need for ‘industry standards’ and a code of conduct for such agencies which one is expected to regard as impartial and altruistic, and yet are not held accountable to any body of people except perhaps to those who provide the funds, one hopes, in good faith. HRW is aware of the following about the country which it describes as in "crisis": 1. Sri Lanka has a Ministry of Human Rights and Disaster Management under the able and experienced leadership of the Hon.Minister Mahinda Samarasinghe, who was recently in Geneva with the country's Attorney General and the Secretary General of the Secretariat for Coordinating the Peace Process (SCOPP) (which is involved in coordinating and facilitating many programmes on rehabilitation of child soldiers, education and language issues, victim and witness assistance and protection, constitutional reform and confidence building measures etc) to afford the member states and concerned Humanitarian Agencies the opportunity for open dialogue. It was a new initiative, in keeping with the spirit of the new Human Rights Council, and an attempt to establish an understanding of the real needs of a country facing a serious terrorist threat. The call and the need
of the moment was for capacity building for the country's existing human
rights mechanisms, training, and assistance. a) Mr. Manfred Nowak, UN Special Rapporteur on Torture, from 1-8 October. b) Mme Louise Arbour, Un High Commissioner for Human Rights, from 9-13 October. c) The Inter-Parliamentary Union delegation, from 27 September. d) Mr. Walter Kälin, the Special Representative of the UN Secretary- General on the Human Rights of IDPs, from 13-21 December. Sir John Holmes, the UN Under–Secretary-General for Humanitarian Affairs and Humanitarian Coordinator has already undertaken a successful visit to Sri Lanka in August this year. 3. The Peace Secretariat (SCOPP) under its Secretary General Professor Rajiva Wijesinghe has started several successful initiatives in its role as the main instrument of the Government to consolidate and strengthen the Peace process. Some of the significant current ongoing programs involve the rehabilitation of child surrendees and the facilitation of the easy flow of essential goods to Jaffna and the Vanni. SCOPP is working with the Commissioner General of Rehabilitation on programs for “child surrendees” and has initiated discussions with key stakeholders to broaden the scope of rehabilitation beyond an institutional approach to one which lays emphasis on education, vocational training sports and drama. SCOPP has successfully coordinated with local and central chambers of commerce and industry in Sri Lanka to facilitate private trade involvement in Jaffna and the Vanni and assisted in the facilitation of the easy flow of essential goods to Jaffna and the Vanni. These endeavours have complemented strenuous GOSL efforts to meet the demands and needs of the people of Jaffna and the Vanni by ensuring food and other essential supplies reach them at more reasonable costs. This is despite the well known fact that the LTTE deliberately create shortages of essential goods and intimidate private traders from operating. 4. Despite the repeated claims of the HRW report, there have been no 'forced' resettlements of IDPs. In fact, the UNHCR in a statement issued on 15th May 2007 noted that “it was fully involved in the return process” and that “staff monitoring the situation on the ground say the majority of people are eager to return home, the returnees are voluntary and in line with international protection standards.” 5. Following the November 2006 establishment of the Presidential Commission of Inquiry (COI) by President Mahinda Rajapaksa to investigate and inquire into alleged serious violations of Human Rights occurring in Sri Lankan since August 2005, the Commission of Inquiry has established its Secretariat, recruited all principal staff officers, and commenced work. The work of the Commission is being observed by a group of international observers (International Independent Group of Eminent Persons – IIGEP), with the view to satisfying interested parties that such work conforms with international norms and standards. The COI was appointed after the UN High Commissioner for Human Rights expressed satisfaction that the mandate and terms of reference of the Commission and the IIGEP met with international norms and standards. 6. Unusually for a developing country and even more so for a country facing terrorism, the COI has developed a Victim and Witness Assistance and Protection Unit (VWAPU). Victim and Witness Assistance and Protection is a new concept in the Sri Lanka legal system), in this regard, particularly in the absence of subject specific legislation in Sri Lanka. The VWAPU will pioneer the development of this concept and is regarded as pivotal both for the work of the COI and in the national scheme in the long term. (The GoSL is drafting national legislation on Assistance and Protection to Victims and Witnesses of crime. This is now in final consultation stages and is expected to be enacted in the coming months). The Legal Division of SCOPP has together with the VWAPU drafted a Phased Fast Track Training Program and has successfully coordinated with relevant law related and law enforcement agencies in Australia to finalize a comprehensive training for a delegation from the VWAPU in that country in early October. OHCHR has expressed great satisfaction that Victim and Witness Assistance and Protection Unit (VWAPU) is well on its way and will be launching on Phase 1 of its programme, shortly and offered its assistance to fund and resource Phase 2 of the program. The exact nature of the OHCHR support to be provided/needed in Phase 2 will be discussed in detail with the VWAPU on the return of the delegation from Australia. 7. Sri Lanka which faces one of the most dangerous terrorist groups in history which has the unique distinction among such groups of possessing light aircraft amongst their arsenal of weapons, (and has already used them), has as a nation with a long history of democracy, an overarching responsibility to protect its citizens from the terror perpetrated by this group. The government has established a High Security Zone located in the North East which is adjacent to the terrorist controlled area frequently subjected to attacks on civilians. This has naturally resulted in vital security precautions being taken in that area. Charu Lata Hogg repeatedly and irrationally cites this, as one of her reasons for an urgent call for the establishment of a UN Monitoring Mission. Charu Lata Hogg representing HRW, in launching her report has claimed that their only agenda was to protect the human rights of all people and that the shared primary goal should be to protect human rights in Sri Lanka. Sri Lanka would naturally welcome positive and constructive engagement in the promotion and protection of human rights. Her irresponsible and irrational call for a resolution to be passed against a country which has shown willingness and capacity to address human rights concerns in a difficult situation of on-going conflict, and her relentless call for a United Nations Monitoring Mission flies in the face of such assertions of a self declared moral agenda and brings HRW and other such agencies into disrepute. And sadly, she foregoes the opportunity such agencies have of making a real contribution to their ideals.” Geneva, 13 September
2007
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