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had no capacity to present a UPR due to lack of expertise. Ironic enough, on the one hand, the UN wants investigations on Sri Lanka via one of its agencies. On the other, it is providing technical support to formulate a report.
The Universal Periodic Review (UPR) is a special process which involves a periodic review of the human rights records of all 193 UN Member States. The UPR is a significant innovation of the Human Rights Council which is based on equal treatment for all countries. It provides an opportunity for all States to declare what actions they have taken to improve the human rights situations in their countries and to overcome challenges to the enjoyment of human rights. The UPR also includes a sharing of best human rights practices around the globe. Currently, no other mechanism of this kind exists. The UPR was established when the Human Rights Council was created on March 15, 2006 by the UN General
Assembly through resolution 60/251. This mandated the Council to "undertake a universal periodic review, based on objective and reliable information, of the fulfilment by each State of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States.”
The Sri Lanka report notes: “Following the conclusion of Sri Lanka’s 3rd UPR cycle, the Ministry of Foreign Affairs published the recommendations on its website in the Sinhala and Tamil languages, and to lead the drafting process of the national report, a dedicated Technical Support Unit was established in the Ministry. An inclusive, broad-based process was pursued as per the general guidelines stipulated in the HRC Decision 17/119. The methodology followed in compiling the report was two-pronged: relevant Government stakeholders engaged in collating the required preliminary information; thereafter, open consultations were held with Government stakeholders and civil society from across the country. The first civil society consultation was held in Colombo with the participation of 30 civil society representatives and the second consultation was held in the Northern Province with the participation of 35 civil society representatives. Both consultations were held in hybrid format and the input received from civil society was a constructive contribution. The Human Rights Commission of Sri Lanka (HRCSL) was consulted and contributed its input as an independent entity….
“The GoSL remains committed to protecting and promoting freedom of expression and civil society space and ensuring that complaints received on alleged attacks against journalists, human rights defenders and civil society are investigated and prosecuted. The GoSL has taken measures to prevent surveillance that intimidate persons. In 2018, the then Ministry of Public Security, issued a media statement in all three languages notifying the public of the mechanisms available to make a complaint on such incidents, namely: the Special Investigation Unit (SIU) and the “Tell IGP'' Operation Room of Sri Lanka Police, the complaints mechanisms of the HRCSL and the National Police Commission (NPC).
“It is noted that NGOs and international NGOs have been formed under different laws in Sri Lanka, in addition to the Voluntary Social Services Organisation (VSSO) Act. In August 2021, the Cabinet approved the drafting of a new Bill to replace the existing VSSO Act. The ‘National Collective of CSOs and NGOs’ have been requested to submit their proposals to the new Bill and also to nominate two representatives to the Committee appointed to draft the said Bill. Aticle 14 of the Constitution of Sri Lanka ensures freedom of speech and assembly, and the Courts have consistently upheld these rights. However, as per Article 15 of the Constitution, such rights are restricted in the interest of national security and public order. The Government has reiterated the necessity for protests to be carried out within the framework of the law that does not morph into acts tantamount to criminal obstruction and/or unlawful occupation. Within such ambit, anyone can exercise their rights and freedoms…..”
During deliberations in the UNHRC in Geneva, India’s Permanent Representative, Indra Mani Pandey, urged the Sri Lankan government to protect the rights of the Tamil minority. “As Sri Lanka’s closest neighbour with deep civilisational bonds, we are aware of the many challenges Sri Lanka and its people have been facing. India has extended in 2022 an unprecedented support close to US$ 4 billion for ameliorating the serious economic situation in Sri Lanka. We take note of the engagement by the Government of Sri Lanka with members of the international community and other organisations on various aspects of human rights situation and reconciliation in Sri Lanka,” Pandey said.
There was also good news for Sri Lanka from the overseas front. Germany which was a member of the seven-nation core group at the UN Human Rights Council in Geneva has pulled out. The other remaining members are Canada, North Macedonia, Malawi, Montenegro, and the United Kingdom. Though Germany has not officially given a reason for the pullout, its diplomats have said that they moved in to fill the vacuum caused by the US withdrawal from the UNHRC during the tenure of President Donald Trump.
There is more significance to the withdrawal of Germany from the Core Group. It was the only country in the 27-nation European Union. From now on, the argument that Germany spoke for the EU will thus not be possible. Two other countries in the core group, North Macedonia and Montenegro, are still applicants who want to become members of the EU and have not yet been admitted. This is an opportunity for Sri Lanka to step up relations with other member EU countries.
As enumerated above, the conduct of the local elections remains a crucial issue as Sri Lanka enters the 76th year after Independence. A delay, either through procedural issues or a direct postponement also casts doubts on the next elections due, the ones for Provincial Councils. This time, India’s External Affairs Minister Jaishanker and other visiting dignitaries have emphasised on the need to hold the PC elections – a request Sri Lanka will not be able to cast aside. Added to that is the pledge which President Wickremesinghe has made to enforce in full the 13th Amendment.
If pronouncements by different trade unions are to be believed, a new wave of protests is being planned beginning Wednesday, February 8 against the new taxes. Coming as a magnet for the youth is the recent release of student leader Wasantha Mudalige. Police reports speak of protests rallies being planned. However, President Wickremesinghe has directed the security establishment to deal firmly with those he calls law breakers and those trying to disturb the peace.
President Wickremesinghe remained confident and declared in an Independence Day message: “Our 75th Anniversary of Independence from colonial rule is being observed during an extremely critical and challenging time in the country. It is, indeed, a decisive moment. However, it presents an opportunity for us not only to review our strengths and gains as a nation but also to rectify our errors and failures.
“Since 1948, we have, as a nation, undergone many tests and travails from riots, insurgencies and war to natural disasters. These experiences have left us with a sense of inculcated resilience that has made us revive better when faced with adversity. Therefore, I am confident that even at this juncture we will pool our energies as the daughters and sons of one mother to rise up from the current economic abyss and build back stronger.
“There is a new economic and social reform agenda before the country with the objectives focusing first on recovery and then on renewed development. It is imperative for us to unite in its implementation so that we can emerge with a high level of economic prosperity. I pledge today to make the extremely difficult though vital decisions to achieve this goal with courage and determination. I anticipate the confidence and support of you, the people of our country, in this endeavour.
“I also take the opportunity to thank you, the Sri Lankan expatriate community, for your contribution towards the development of our motherland despite your distance. I would like to invite you to join us in securing a bright future for the younger generation of Sri Lankans who are at the vanguard of economic and social development. Your faith and investment in the unique and creative ideas of our talented youth who lack capital could give considerable hope and be of immense benefit to our country in this crisis.
“On this historic anniversary, let us all resolve to meet the challenges of this year with further patience and fortitude. I extend warm felicitations to you, Sri Lankans, here and aboard.”
Thus, 75 years of independence pose unprecedented challenges for Sri Lankans.