Image; cracks within UNP widens
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.