Govt. uses Yahapalana achievements to defend SL against comments in UN Special Rapporteur Report
With the country’s attention focussed on the withdrawal of Sri Lanka’s co sponsorship of Resolution 30/ 1 at the United Nations Human Rights Council in Geneva, the Report of the Special Rapporteur on Freedom of Religion or Belief on his visit to Sri Lanka did not receive the attention it deserved.
The Special Rapporteur who visited Sri Lanka in August 2019, just 5 months after the Easter Sunday attacks, forwarded his advance report to the Government of Sri Lanka on February 8, 2020 and sought the Government’s comments by February 28, 2020.
In a statement made by the Government of Sri Lanka at an interactive dialogue of the 43rd UN Human Rights Council session in Geneva with the Special Rapporteur Ahmed Shaheed, the Government faulted the Special Rapporteur for judging the space for freedom of religion or belief in Sri Lanka through the few months that followed the Easter Sunday attacks.
In its statement at the interactive dialogue, the Government responded to some of the observations made by the Rapporteur and stated that in view of time constraints it would respond in detail later. Interestingly, the Government did not invoke the argument that it had received a fresh mandate, as was done when withdrawing Sri Lanka’s co sponsorship of Resolution 30/1, but rather chose to rely on the achievements and positives of the post 2015 Yahapalana Government. What was even more notable was that despite being in office for over three months, the Government was unable to cite even one measure that it had taken or intended taking in relation to the issues raised in the Special Rapporteur’s report.
In its statement at the UNHRC, the Government went on to point out that. Shaheed’s Report also failed to adequately address positive measures undertaken by the Government and the law enforcement agencies to foster religious harmony, such as addressing extremist elements on all sides, payment of compensation through the Office for Reparations to victims of violence, and setting up of mechanisms such as an Inter-Religious Council.
“It is unfortunate that the resilience and solidarity of Sri Lankans protecting and assisting fellow citizens of all faiths in the aftermath of April 21, as demonstrated by Buddhists and Christians guarding Muslims at prayer, renovation of damaged property and restoration of damaged churches by the security forces, have not been reflected in the report. Nor has the laudable role played by the independent institutions of Sri Lanka, such as the Human Rights Commission, during this challenging period, received the attention that it warrants.”
Significantly, the statement while referring to the Human Rights Commission and Office for Reparations leaves out the Office of Missing Persons in its listing of positive steps taken by the Sri Lankan Government. Whether this was left out deliberately or a mere slip only time will tell.
Sri Lanka also noted the “constructive and reconciliatory approaches and calls made by the civil and political leadership of the country” which helped contain the situation – developments that it said were widely acknowledged and appreciated. The reference to the political leadership clearly refers to the political leadership of the time, namely, that of the Yahapalana Government.
The Government statement also highlighted the fact that the Muslim community had taken proactive measures to cooperate with the security agencies in their investigations and search operations.
Referring to comments made in the report about alleged discrimination by favouring Buddhism over other religions, the Government in its statement pointed out that the Constitution, while requiring the State to protect and foster the Buddha Sasana, ensured that all religions are entitled to the rights granted under the Constitution.
The statement went on to add that “No provision in Sri Lanka’s constitution or national laws permits discrimination of an individual based on religion or belief in any sphere of public life. On the contrary, article 12 of the constitution prohibits discrimination based on race, religion, language, caste, sex, political opinion, place of birth or any such grounds,” it added.
The UN Rapporteur in a 19-page Report to the UN Human Rights Council has highlighted incidents of religious violence in the country in recent times and has drawn the attention of the Government of the need to curb such incidents and ensure the freedom of religious minorities. The Rapporteur has pointed out a serious trust deficit and tensions among ethno- religious communities, particularly following the Easter Sunday bombings and subsequent mob violence targeting the Muslim community.
The Special Rapporteur has emphasised that it was essential for the Government to not ignore the simmering tensions and intolerance and the damaging consequences of incitement to hatred and violence in a country that has gone through a long period of internal conflict.
He has pointed out that inaction by the authorities could aggravate the simmering tensions and if these were left unattended, Sri Lanka may risk being locked in a vicious cycle of ethno-religious violence. Shaheed states that building societal resilience against violent extremism and incitement to hatred requires a broad- based approach that relies on good governance, rule of law as well as respect for human rights and equality for all. This requires strong political will and strengthened State institutions to tackle the root causes of the religious tensions and intolerance urgently in order to achieve a sustainable peace and economic growth in the country.
The Special Rapporteur has also called upon religious leaders to speak out against hateful narratives and reject efforts to ostracise and stigmatise minority communities and persons in vulnerable situations; promote moderate voices and stress the need for sustainable inter-communal and inter-religious dialogue for trust and peace building as well as reconciliation.