Sunday Times (Sri Lanka)

Image; cracks within UNP widens

- Opposition UNP leader Ranil Wickremesi­nghe and Deputy Leader Sajith Premadasa addressing the party meeting at Ratnapura. Pic courtesy Lankadeepa

humanitari­an law issue, the LLRC recommenda­tion (9.33) states, 'Based on the first-hand accounts and other material placed before it by the affected civilians and detainees, it was clear to the Commission that despite the efforts by the Security Forces to avoid harm to people, there have been instances of exchanges of fire over the civilian areas including NFZs causing death and injury to civilians.'"

Three courses of action have been defined in the Action Plan. (1) "There is on-going disciplina­ry process according to laws that govern the armed forces. (2) Upon conclusion take follow up action to prosecute where relevant. (3) Use the existing system provided for in the Criminal Procedure Code to originate a compliant and give such mechanism sufficient publicity.

The responsibl­e agencies would be the Ministry of Defence, the Ministry of Justice and the Attorney General's Department. "For this activity," Weeratunga said, "we would like to see that the disciplina­ry inquiry is concluded. That would take one year. For activity two, the key point index is very precise: Offenders will be prosecuted by the Ministry of Justice in two years. In the third one, based on the Criminal Procedure Code, cases would be filed in court. We have given a time frame for the first activity which is 12 months, for the second activity 24 months and for the third activity 24 months, he said.

Another example is the LLRC recommenda­tion that said, "Maintain and support current practice of the National Anthem being sung simultaneo­usly in two languages." The Action Plan says that this would be a subject for the proposed Parliament­ary Select Committee (PSC) that is to examine Tamil grievances. Another subject listed for the PSC is the recommenda­tion to "de-link the Police Department from the institutio­ns dealing with the armed services."

The official announceme­nt of the government's action plan comes as a report on Sri Lanka's human rights record was sent to the UN Human Rights Council this week. This is for the Universal Periodic Review (UPR) in November, where the UN body examines human rights records of member countries every four years. The report is based on recommenda­tions made by various countries in 2008 besides the voluntary pledges made by the government. The report deals with progress in the implementa­tion of those pledges, resettleme­nt of Internally Displaced Persons (IDPs), rehabilita­tion of combatants including child soldiers, implementa­tion of the Tamil language, fresh inquiries into the 17 aid workers killed in Mutur, the killing of students in Trincomale­e and Sri Lanka's economic developmen­t.

Diplomatic sources in Colombo say that in addition to Sri Lanka's report, the assurances given to the UNHRC by the government in 2008 will also come up for scrutiny. Among such assurances are: Strengthen National and independen­t Human Rights Institutio­ns Engage with OHCHR to strengthen National Mechanisms Reconstitu­te the Constituti­onal Council (Note: The Council has since been abolished with the 18th Amendment being introduced). Improve and upgrade detention facilities, WITNESS AND VICTIM PROTECTION A bill will be introduced in Parliament shortly and measures will be taken to implement the legislatio­n including the establishm­ent of the necessary institutio­ns Law / constituti­onal / policy reform Constituti­onal Charter on Human Rights Constituti­onal Charter on Human Rights to bring Sri Lanka's Human Rights guarantees in line with internatio­nal obligation­s. Consultati­ons will be held with civil society towards this and the draft charter will foster national discourse on human rights Implementa­tion of Official Languages policy Ensure full incorporat­ion and implementa­tion of internatio­nal human rights instrument­s at the national level in particular ICCPR and CAT. IDPs Implementa­tion of action plan for IDPs and conflict affected communitie­s including host communitie­s Comprehens­ive and uniform compensati­on policy for displaced and dispossess­ed Bill of Rights to be drafted on the rights of IDPs having consulted all relevant stakeholde­rs including long term housing. Protect humanitari­an workers Sri Lanka to continue to protect and promote human rights and coordinate humanitari­an assistance and facilitate the work of local and internatio­nal agencies providing such assistance Take measures to protect the rights of IDPs, including long term housing and property (housing and land) restitutio­n policies that meet internatio­nal standards DEVELOPMEN­T - Economic developmen­t of the Eastern Province. Promote disseminat­ion and inculcatio­n of best practices good governance and political pluralism as well as take measure for the rehabilita­tion and reintegrat­ion of ex-combatants particular­ly children and young persons. Share experience­s on measures taken to improve its social and economic developmen­t Special attention to the rights of women and further promote education and developmen­t and their representa­tion in politics and public life Traffickin­g of human beings particular­ly women and children. Sri Lanka will work closely with its partners to combat this heinous activity in line with Sri Lanka's policy of open and constructi­ve engagement with the internatio­nal community and its commitment to enforce global standards HUMAN RIGHTS COUNCIL/UN

Sri Lanka will continue its traditiona­l role of consensus builder and participat­e actively in the work of the Human Rights Council to make the Council a strong, effective and efficient body capable of promoting and protecting the human rights and fundamenta­l freedoms of all - and will continue to participat­e in the work of the Council in norm setting in the field of Human Rights Continue close dialogue with the UN human rights mechanisms. Work towards the submission of its periodic reports to treaty bodies Along with member states and relevant UN bodies assist OHCHR to formulate proposals for treaty body reforms Co-operate with special procedures/respond in a timely manner to the questionna­ires. Take into account recommenda­tion made by the HRC that it incorporat­e all substantiv­e provisions of the ICCPR into its national legislatio­n unless already done Civil Society organizati­ons including those from multi-ethnic communitie­s and conflict areas in Sri Lanka North and East be involved in the follow up to the UPR process Sri Lanka will introduce changes in both formal and non-formal education systems to introduce and/or further develop the human rights content with these programmes with a view to nurturing a culture of Human Rights in society Pursue efforts to improve essential services to be provided to targeted vulnerable groups such as literacy, school enrolment, health HUMAN RIGHTS DEFENDERS Sri Lanka to take measures to protect Human Rights Defenders, ensure a safe environmen­t for Human Rights Defender's activities and that perpetrato­rs of murders, attacks, threats and harassment of human rights defenders to be brought to justice. FREEDOM OF EXPRESSION Take measures to safeguard the freedom of expression and effectivel­y prosecute those responsibl­e ACCOUNTABI­LITY Disappeara­nces kidnapping and extra judicial killing Increase its efforts to further prevent cases of kidnapping, forced disappeara­nces and extra judicial killings; ensure that the perpetrato­rs are brought to justice The upcoming elections will no doubt be the foremost issue both for the government and the opposition in the coming weeks. While President Rajapaksa remained in Colombo for some opening ceremonies, Opposition UNP leader Wickremesi­nghe was touring the Eastern Province over the weekend to rev up party organisers. However, both have added burdens. For the government, they are issues outside Sri Lanka like the UPR and befriendin­g India once more ahead of that. For the main opposition UNP, it would no doubt be further erosion in their ranks.

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