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Minister clarifies US State Department
inaccuracies on Louise Arbour’s visit to Sri Lanka and humanitarian
situation in the country
The Minister of Disaster Management and Human Rights Mahinda Samarasinghe, in clarifying the recent statement by the US State Department’s spokesperson about the allegedly deteriorating humanitarian situation in Sri Lanka, based on an “assessment” by the UN High Commissioner for Human Rights Louise Arbour, and the call for an “international human rights presence in Sri Lanka” states the UN High Commissioner did not at any point during her visit call for a "monitoring mission".
In a letter to US Ambassador Robert Blake, Minister Samarasinghe states the issue of “expansion” of the OHCHR office in Sri Lanka is redundant as it does not maintain an office in Sri Lanka. The Minister states that “not once in her statement of 13 October did Madame Arbour request the establishment of an "office" in Sri Lanka.
With regard to an “assessment” of the situation in Sri Lanka by High Commissioner Arbour, as stated by the State Department’s spokesperson, the Minister explains that her objectives in visiting Sri Lanka, as communicated to the Government, was to enable her to deepen her understanding of the situation in Sri Lanka and how her office can best support the government of Sri Lanka's efforts to protect human rights.
With regard to calls from certain quarters for a UN Human Rights monitoring mission in Sri Lanka, the Minister states: “The High Commissioner did not at any point during her visit call for a "monitoring mission"- either directly or tacitly.” The letter adds that “:…while the High Commissioner noted her impressions of the specific challenges that Sri Lanka faces in relation to human rights protection, she made no overall 'assessment” in relation to a supposed "deterioration" of the humanitarian situation…. Such a sweeping conclusion (if it were merited at all) could only be the outcome of in-depth fact finding, analysis and assessment” which the High Commissioner did not undertake during her visit to Sri Lanka.
Here is the text of Minister Mahinda Samarasinghe’s letter to US Ambassador Robert Blake:
24 October 2007
H.E. Ambassador Robert Blake Embassy of the United States of America 210 Galle Road Colombo3.
Excellency,
I write to you to make a clarification with respect to a statement issued by the US Department of State's spokesperson Sean McCormack on 22 October 2007, which was carried on the official website of the Department under the title "Government of Sri Lanka's Reaction to High Commissioner Arbour's Visit". The statement, in its totality, reads:
"The United States calls on the government of Sri Lanka to reconsider its opposition to expansion of the OHCHR office and mandate in Sri Lanka. We remain concerned about the deteriorating humanitarian situation in Sri Lanka, as confirmed by the recent assessment of UN High Commissioner for Human Rights Louise Arbour. An international human rights presence in Sri Lanka would be an important step in improving human rights, accountability, and the rule of law, and ultimately resolving the conflict in Sri Lanka."
Firstly, I must point out that the Office of the High Commissioner does not maintain an OHCHR "office" in Sri Lanka. Any discussion of its "expansion", therefore, will be redundant. OHCHR's presence in Sri Lanka consists of a Senior Human Rights Advisor and an assistant working under the aegis of the UN Country Team. I would like to reiterate, moreover, that not once in her statement of 13 October did Madame Arbour request the establishment of an "office" in Sri Lanka.
Secondly, the spokesperson refers to an "assessment" purportedly conducted by the High Commissioner. As she herself has stated in her communications to the Government, the High Commissioner's objective in visiting Sri Lanka was to enable her to deepen her understanding of the situation in Sri Lanka and how her office can best support the government of Sri Lanka's efforts to protect human rights.
Thirdly, I must point out that both preceding and subsequent to the High Commissioner's visit, there were numerous calls, from certain quarters, for a UN monitoring mission on human rights. The High Commissioner did not at any point during her visit call for a "monitoring mission"- either directly or tacitly. What the High Commissioner actually said in this regard (as published in her statement of 13 October) was: "the current human rights protection gap in Sri Lanka is not solely a question of capacity. While training and international expertise are needed in specific areas, and I understand would be welcomed by the Government, I am convinced that one of the major human rights shortcomings in Sri Lanka is rooted in the absence of reliable and authoritative information on the credible allegations of human rights abuses" and, accordingly that there is a "need for independent information gathering and public reporting on human rights issues" in addition to the capacity building requested by the Government. Accordingly, the High Commissioner went on to say that "OHCHR is willing to support the Government of Sri Lanka in this way." Unfortunately, some news outlets have creatively misinterpreted her words to the effect that she did, in fact, call for a monitoring mission.
I would like to add that, while the High Commissioner noted her impressions of the specific challenges that Sri Lanka faces in relation to human rights protection, she made no overall 'assessment” in relation to a supposed "deterioration" of the humanitarian situation. Such a sweeping conclusion (if it were merited at all) could only be the outcome of in-depth fact finding, analysis and assessment. As highlighted above, the High Commissioned did not undertake such an exercise during her visit. In fact, the High Commissioner herself, at the press briefing on 13 October, stated that hers was not a "fact- finding mission" and that she would not submit a fact-finding report on this visit.
While appreciating the Government of the United States' goodwill and interest in relation to "improving human rights, accountability, and the rule of law, and ultimately resolving the conflict in Sri Lanka" as stated by the State Department spokesperson, I am sure you will agree that these issues are of great concern to the Government itself. The Government has on several occasions, made its view clear that an international monitoring mission is unwarranted and unacceptable at present. I made this position clear when I responded to a query made by a journalist at the press briefing. Indeed, the Government has repeatedly stressed that it would actively engage with the office of the High Commissioner in seeking technical advice and support in order to strengthen capacities of its local institutional framework for the better protection of human rights in Sri Lanka. This may well include enhancing independent and credible national monitoring and reporting mechanism that could supply the need identified by the High Commissioner. We are currently engaged in an active and constructive dialogue with the Office of the High Commissioner to identify, fund and implement mutually acceptable initiatives supportive of more effective human rights protection in this country.
When these initiatives, presently being discussed, are agreed upon and are ready to be actualized, discussions as to increased staffing requirements, in order to assist with the requested capacity building and technical support to Sri Lanka, may be considered at levels commensurate with the degree of technical assistance to be provided.
Finally, the Government of Sri Lanka has taken concrete measures to improve human rights promotion and protection. We seek the assistance of our international partners, friendly nations and organizations inn achieving our aims by working with and through us. We trust that your Government's favourable consideration and assistance will be forthcoming in support of our initiatives in this regard. I greatly appreciate y our active interest in and commitment to the betterment of United States-Sri Lanka relations. I trust that the candid and cordial dialogue we have engaged in on a range of issues will be enhanced and made even m ore productive. Your personal contribution to the success of the Consultative Committee o n Humanitarian Affairs, in particular, is greatly valued and we hope that this healthy and productive relationship will continue in the future.
Considering the wide media coverage afforded to the State Department's statement, I shall take the liberty of releasing this letter to the media in order that the Government's views on the aforementioned issues may be placed on public record.
Please accept, Excellency, the assurance of my highest consideration.
Mahinda Samarasinghe MP Minister of Disaster Management and Human Rights
Cc:
Secretary to H.E. the President
Secretary, Ministry of Foreign Affairs
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