The Cabinet of Ministers has unanimously decided to reject the conditions put forward by the European Commission as a prerequisite for the extension of the GSP+ trade concessions to Sri Lanka for a further period of six months, Minister of External Affairs Prof. G. L. Peiris said today.

"No self respecting government could agree to these conditions which clearly violate the sovereignty of the country," Prof. Peiris said.

The conditions included the immediate implementation of the 17th Amendment, repeal of the remaining parts of the 2005 Emergency Regulations, release of those arrested under the Prevention of Terrorism Act, amendments to the Public Security Ordinance and granting the right to the general public to take their civil and political cases to international courts.

Commenting on these conditions, the Minister said all these were internal political matters and had no relevance whatsoever to international trade.

"If the government is to comply with these conditions, the government not only should make drastic changes to the country's Constitution and the legal system but also reject the judgments of the Supreme Court," Prof. Peiris said.

Following is list of actions required by European Commission for extension of the GSP plus facility.

1. Reduction of the number of derogations to the ICCPR.

2. Take steps to ensure that the key objective of the 17th Amendment to the Constitution, namely to provide for independent and impartial appointments to key public positions, is fully safeguarded, including through a Constitutional Council which adequately reflects the interests of all political, ethnic and religious groups and minorities within Sri Lankan society.

3. Repeal of the remaining part of the 2005 Emergency Regulations, notably those Regulations concerning detention without trial, restrictions on freedom of movement, ouster of jurisdiction and immunity, and repeal of the 2006 Emergency Regulations (Gazette No 1474/5/2006).

If GoSL considers that it is essential to retain certain provisions which are compatible with the ICCPR or UNCAT, such as provisions concerning possession of weapons, such provisions should be transferred to the Criminal Code.

4. Repeal of those sections of the Prevention of Terrorism Act which are incompatible with the ICCPR (in particular, sections 9, 10, 11, 14, 15, 16 and 26) or amendment so as to make them clearly compatible with the 1CCPR.

5. Repeal of the ouster clause in section 8 and the immunity clause in section 9 of the Public Security Ordinance or amendment so as to make them clearly compatible with the 1CCPR.

6. Adoption of the planned amendments to the Code of Criminal Procedure, which provide for the right of a suspect to see a lawyer immediately following his arrest.

7. Legislative steps necessary to allow individuals to submit complaints to the UN
Human Rights Committee under the First Optional Protocol to the ICCPR and to the UN Committee against Torture under Article 22.

8. Steps to implement outstanding opinions of the UN Human Rights Committee in individual cases.

9. Extension of an invitation to the following UN Special Procedures who have requested to visit Sri Lanka (UN Working Group on Enforced Disappearances, UN Special Rapporteur on Torture, UN Special Rapporteur on Freedom of Expression, UN Special Rapporteur on Independence of Judges and Lawyers).

10. Responses to a significant number of the individual cases currently pending before the UN Working Group on Enforced Disappearances.

11. Publication of the complete final report of the 2008 Commission of Enquiry.

12. Publication or making available to family members a list of the former LTTE combatants currently held in detention as well as all other persons detained under the Emergency Regulations. Decisive steps to bring to an end the detention of any persons held under the Emergency Regulations either by releasing them or by bringing them to trial.

13. Granting of access to all places of detention for monitoring purposes to an independent humanitarian organisation, such as the International Committee of the Red Cross.

14. Adoption of the National Human Rights Action Plan by Parliament and its prompt implementation.

15. Take steps to ensure journalists can exercise their professional duties without harassment.


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