Sunday Times (Sri Lanka)

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Lly implement 13A, but opposition mounts o expressing concern Geneva: Successful passage of Universal Periodic ermany pulls out of Core Group

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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.

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 ?? ?? The President accompanie­d by armed forces chiefs arriving at the Galle Face Green venue of the Independen­ce Day celebratio­ns amid Jayamangal­a Gatha from students
The President accompanie­d by armed forces chiefs arriving at the Galle Face Green venue of the Independen­ce Day celebratio­ns amid Jayamangal­a Gatha from students

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