| by Minister Samarasinghe
The Universal Periodic Review
(UPR) of Sri Lanka took place this afternoon at the United Nations Headquarters
in Geneva, amidst Member States and Observers of the Human Rights Council. The
country’s opening Statement was delivered to the Council by Minister Mahinda
Samarasinghe, Minister of Plantation Industries, Special Envoy of the President
on Human Rights and Leader of the Sri Lanka Delegation.
( November 01, 2012, Geneva, Sri
Lanka Guardian) It is my privilege and pleasure to share with the 14th Session
of the UPR Working Group information and perspectives on the action taken to
promote and protect human rights in Sri Lanka in the period since our first
review in 2008. It has been our consistently articulated position that, in the
particular circumstances and context of the Sri Lankan situation, the UPR
process provides the best opportunity to raise questions and seek
clarifications about the evolving situation in the country.
What we had hoped for earlier
this year was time and space for Sri Lanka to complete the work of its domestic
process that was in train in the post-conflict phase. In March, we stated that
the upcoming UPR would prove to be the ideal platform to discuss all aspects of
interest and concern, and today we appear before you to fulfill that pledge. A
country’s human rights situation cannot be assessed in isolation and should be
examined in the context of the realities on the ground. We are ready, prepared
and equipped to brief the Working Group and to engage in a cordial and
productive dialogue, in a spirit of candour and openness, as to the promotion
and protection of human rights in Sri Lanka. We will also engage with the
Working Group on our plans and expectations to achieve incremental improvements
in the human rights situation in the context of post-conflict peace-building,
reconciliation and the achievement of normality for all our people.
We appreciate the level of
interest shown in the present developments in Sri Lankan– exemplified by the 99
countries that have subscribed to the list of speakers and the 20 countries
that have sent in questions in advance. As much as we are here to put forth our
perspectives, we hope that, through this dialogue, a greater understanding of
the realities in Sri Lanka will be forged. I appreciate Australia, Cambodia,
Canada, Cuba, Czech Republic, Denmark, Ethiopia, Germany, Ireland,
Liechtenstein, Mexico, Netherlands, Norway, Pakistan, People’s Republic of
China, Slovenia, Spain, Sweden, United Kingdom, United States of America, who
have indicated their interest by presenting questions that permit a more
focused discussion.
In the course of my presentation
and those of my fellow delegates, we will respond to these questions. I would like
to take this opportunity to introduce my delegation so that those of our peers
participating in this interactive dialogue would be assured that the right
people are available to authoritatively answer any question.I look forward to
receiving the recommendations that countries may propose and assure you that we
will give them our serious consideration.
Let me say a word on our former
engagement during the first cycle of the Review and the steps we have taken
pursuant thereto. In May and June of 2008, I was privileged to lead the Sri
Lankan delegation to its initial UPR. We received many recommendations, a
majority of which we were able to agree to. We were forthright in informing our
interlocutors as to those with which we could not agree. We also made several
voluntary pledges in keeping with our national goals and priorities. That UPR
presented Sri Lanka with the opportunity of taking a structured and holistic
view of human rights in the country. This was true of the internal and external
dimensions of human rights. Internally, we were able to take stock of our
strengths and the challenges before us. Externally, we were able to better
coordinate and communicate our achievements with our friends and partners.
The chief positive that we can
draw from that engagement in 2008 was the formulation of the National Action
Plan for the Promotion and Protection of Human Rights (NHRAP). This was one of
our principal pledges, made in keeping with the Vienna Declaration and
Programme of Action of 1993. Firmly based on our national plans and priorities,
we took into account the recommendations accepted and the pledges made,
recommendations of treaty bodies and special procedure mechanisms in devising
this plan. We commenced work almost immediately thereafter to draft the Action
Plan. Civil society representation was invited and co-opted into the exercise.
Finally, senior officials reviewed the Action Plan and I presented it to the
Cabinet which granted its approval in September 2011. In December, the
implementation strategy was also approved by Cabinet including institutional
arrangements for coordination and monitoring. It was an extensive, time
consuming process, but one that we are satisfied with. Our civil society
partners were fully involved – having near equal representation on the drafting
committees. Government focal points were also extensively consulted prior to
obtaining final approval. We have been engaged in the initial stages of
implementation during the past 10 months and will be able to undertake a review
towards the end of the year. It is also important to acknowledge that, although
we received some initial material support from the UN Country Team in Sri
Lanka, we ensured that the preparation and implementation of the Action Plan is
a nationally driven and nationally owned exercise.
Several delegations have raised
questions as to implementation of this National Action Plan which we call
theNHRAP. It addresses 08 thematic areas, viz., civil and political rights,
economic, social, and cultural rights, children's rights, labour rights,
migrant worker rights, the prevention of torture, women’s rights and the rights
of IDPs. I am happy to share specific examples of implementation which we have
achieved in the course of this year so that our friends and peers would be able
to appreciate our clear commitment towards the promotion and protection of
human rights in Sri Lanka.
We are preparing draft
legislation on occupational safety, health and welfare at work and this is
being done by the Ministry of Labour and Labour Relations (under Labour
Rights);
·
Directives
have been issued by the Police Department to ensure physical safety of persons
taken into custody and the provision of access to legal counsel as of right
(under Prevention of Torture),
·
the
adoption and implementation of a national Trilingual policy as well as the
enhancement of scope and reach of national vocational qualification (NVQ) by
the Tertiary and Vocational Education Commission (under Economic Social and
Cultural Rights),
·
accelerated
demining and awareness raising among IDPs of risks due to mines and unexploded ordnance (UXO) (under Rights of
IDPs),
·
implementation
of the national action plan supporting the Prevention of Domestic Violence Act
of 2005 (under Rights of Women),
·
strengthening
capacity to support Child Helpline (under Rights of Children),
·
establishment
by the Sri Lanka Police Department of a special unit to combat human smuggling
and trafficking (under Rights of Migrant Workers),
·
completion
of review and improvement of training syllabus and period of training for
police officers on human rights and language training, especially Tamil
language training (under Civil and Political Rights). The objective is to
ensure that Police officers are conversant with the language when serving in
areas in which the majority speak that language.
As you can see we have, in fact,
commenced the implementation of the NHRAP and those who raise questions as to
the lack of progress may be reassured by these specific examples. We will
continue to provide updates to the Council on further progress.
This also outlines the major
vehicle availed of to implement the outcome of the 2008 UPR. What must also be
borne in mind, is the fact that the 2008 UPR took place at a critical juncture
in Sri Lanka’s nearly 3 decade-long war against terrorism. Almost a year
earlier, the LTTE had been defeated in the Eastern Theatre and measures to
ensure a return to civilian life were being implemented. Soon after the Review,
the final phase of the humanitarian operation was launched to rescue the
civilians who were being held by the LTTE in the Northern Province of Sri
Lanka. A sea-change occurred approximately 12 months after the 2008 UPR with
the rescue of nearly 300,000 civilians in the month of May 2009. What is of
special significance is that our engagement with the community of nations –
especially in the Human Rights Council – never lessened in intensity, and we
regularly briefed the Council of contemporary developments in Sri Lanka during
the most difficult of times during the humanitarian operation.
Sri Lanka, like any post-conflict
polity, faced challenges of a magnitude and scope that were truly daunting. The
housing and maintenance of hundreds of thousands of civilians, restoring
security, law and order, clearing of vast tracts of land contaminated by UXO
including IEDs and landmines, restoring physical, administrative, economic and
social infrastructure, preparing people for resettlement, identifying
ex-combatants for rehabilitative care, the transition from humanitarian
assistance to a development phase, all while maintaining a stable economy and
sustainable growth in the rest of the country, were just some of the tasks that
the Government had to contend with. At the same time, we were not complacent
but tried our utmost to prevent and forestall acts of destabilization from
within and outside the country. There are still some elements that support the
LTTE’s cause of dismemberment and separation of our island nation. We are aware
of these initiatives and will defeat them by our ongoing strategy of
re-democratization, reconciliation, reconstruction and development.
Conflict touches the lives of
everyone. When armed conflict continues for as long as 30 years – as it did in
Sri Lanka – it affects generations of people. It is for this reason that the
Government has placed such primacy on non-repetition of the mistakes of the
past and on genuine reconciliation. No one who lived through the conflict would
want their children or their children’s children to experience what Sri Lanka
collectively experienced in the past 30 or so years. We are aware that
reconciliation is not an easy exercise, nor is it one that can be achieved
overnight.
Some of our friends by way of
questions posed have indicated a desire to see a more comprehensive approach
taken with regard to the allegedly disappeared. The UN Working Group on
Enforced and Involuntary Disappearance (WGEID) has long engaged with successive
Governments to clear a longstanding backlog of 5,679 cases. I must note that
many of these cases (over 4,000) date back over 20 years to the pre-1990
period. A further 1,089 date back to the 1991 to 2005 period. The remaining
number lays to rest the canard of an increasing trend in disappearance in the
recent past.
We are working to establish a
cross agency national mechanism to clear this backlog. A working committee has
been established to respond to cases of disappearances and a Deputy Inspector
General of Police appointed to conduct ground verifications of such cases to
ascertain the present status. A special
piece of legislation to enable the issuance of death certificates to next of
kin was put in place and next of kin can claim monies due to them and obtain
secure a substantial degree of closure.
As a part of implementing our responsibilities,
the Government submitted its response on 59 cases of disappearances recently
brought to its attention by theWorking Group. Another set of 100 cases referred
by the Working Group has been verified and submitted. Initial investigations have
revealed that nearly 50% of the cases have not been complained of to law
enforcement. Further investigations are being conducted on the remaining
allegations communicated by the Group. I must note that a comprehensive
addressing of this challenge would be greatly facilitated if countries that
have received thousands of asylum seekers would cooperate with us by giving us
the names of such persons of Sri Lankan origin so that a proper comparison with
the allegedly missing can be done.
One of the questions we received
has pointed out that the Human Rights Commission of Sri Lanka has recorded 230
cases of disappearances in 2011. However, if recourse is had to the National
Report of Sri Lanka, detailed information as to complaints of allegedly
“missing persons” and “persons abducted” in 2010 and 2011 may be accessed. This
information is presented together with the remarkable success rate of the Sri
Lankan authorities who have resolved a great many of these supposed
disappearances. The total number of persons reported allegedly missing in 2010
was 7,940 out of which 6,653 have been found. The corresponding numbers for
2011 are 7,296 reported and 5,185 traced. In 2010, the number of persons
allegedly “abducted” was 225 of whom 207 were later traced. The number of
allegedly abducted in 2011 was 239 of whom 226 have been traced. Outstanding
allegations must and will be thoroughly investigated and any offenders brought
to book.
On another question received, in
Sri Lanka, the freedoms of association, thought, conscience and expression
receive constitutional recognition. Our civil society has a long history of
persons who have advocated for the rights of victims, the disadvantaged and the
marginalized. Persons can canvass for the protection of these rights before
courts of law. Civil society activists at all levels, have freedom to jointly
or in association with others form non-governmental organizations and community
based organizations. Organizations established as trusts, voluntary social
service organizations or as private companies. They may seek registration at
the national level if they require further facilitation by the Government. This
registration is not mandatory. The allegations of intolerance or attacks
against these organizations or their leadership - in verbal or other form -
emanate from time to time. I must state with the utmost firmness that these
alleged attacks are no part of Government policy to stifle criticism, activism
or dissent. Neither does the Government condone any such attacks. As far as
civil society activists who wish to engage with the Government is concerned, in
general, they are a valued partner in the implementation of the NHRAP and we
will work closely with them.
Several countries have also
sought clarifications as to the Lessons Learnt and Reconciliation Commission
(LLRC) and the implementation of its action plan published in July this year,
pursuant to a decision by the Cabinet of Ministers. The President, His
Excellency Mahinda Rajapaksa, appointed the LLRC in May 2010 in order to
strengthen the national reconciliation process and to ensure the dividends of
peace to all Sri Lankans. The Cabinet of Ministers in May 2012 decided that a
Task Force headed by the Secretary to the President would monitor the
implementation of the recommendations of the LLRC. In July, a matrix containing
the National Plan of Action to implement the LLRC recommendations developed by
the Task Force and presented to Cabinet was approved setting out the main focus
areas for implementation.
You may recall that the primary
focus of the ill-conceived March 2012 Resolution in this Council was the
implementation of the LLRC Report. Long before the adoption of the Resolution,
we assured the Council that we are committed to the implementation of the
domestic process by way of an action plan and that we should be given time and
space to achieve this objective. We have fulfilled our commitment with a clear
time frame for implementation which is in process as we speak.
The main focus areas are IHL
Issues, Human Rights, Land Return and Resettlement, Restitution/ Compensatory
Relief and Reconciliation. The Task Force has identified a corresponding
activity, an implementing agency, a key performance indicator and a time frame
in respect of each recommendation. I must reiterate that the action plan and
its implementation is being spearheaded by the most senior officials of the
Government. Ministries and agencies have been requested to forward their
budgetary requirements to aid in the implementation of the actions within their
purview, commencing with the national budgetary process for 2013.
Several thematic sub-committees
functioning under an apex task force is envisaged for better coordination and
implementation. Some countries have expressed concerns that only some proposals
have been included for implementation. It must be pointed out that 285 was the
sum total of observations and recommendations of the LLRC. There was some
duplication in Chapter 9 of the LLRC report. Moreover, some of the
recommendations fall under the ambit and scope of the NHRAP. The Action Plan is based on what is
implementable in the short, medium and long terms, and the overall
recommendations are further sub-divided on a thematic basis into policy and
practical matters. The 4 main sub divisions relate to-
·
National
Policy;
·
the
final phase of the conflict;
·
recommendations
related to Human Rights and National Security concerns; and
·
recommendations
related to re-settlement and development
Certain matters of broad national
policy in the Action Plan are to be referred to the proposed Parliamentary
Select Committee.
Several questions received by us
on the LLRC Action Plan asked for specific examples ofcompletion or substantial
progress on activities . Like the NHRAP we are happy to share with our friends
actual implementation since its approval by Cabinet in July 2012. The
implemented areas so far are as follows:
·
Devising
a centralized database of missing persons;
·
Implementing
the Registration of Deaths Act (2010);
·
Creating
a centralized database of detainees and make access available to next of kin;
·
Screening
detainees to identify those with special needs;
·
Examination
of cases of young ex-combatants, release and reunification with families;
·
Establish
a task force to develop and implement a child tracing programme;
·
Ensure
freedom of movement for media including in the North and East;
·
Remove
restrictions on visiting places of worship;
·
Allow
visitors from overseas to visit recently resettled areas; and
·
Free
movement of persons on Kandy-Jaffna A9 Highway.
Hence the suggestions that only
part of the recommendations are addressed, and the critique that there is no
progress in implementation, is without basis. We will of course as in the case
of the NHRAP continue to update the Council on further progress made.
Further progress has been made in relation to the recommendation made on
the treatment of ex-combatants. As of 22 October 2012, 11,012 persons, which
included 594 LTTE child soldiers, have been rehabilitated and reintegrated into
society. Of the approximately 12,000 persons identified as ex-combatants and
provided rehabilitation, as of 22 October 2012, only 782 beneficiaries are
undergoing rehabilitation, and 262 are under judicially mandated custody
(remand). Action is underway to expedite the legal proceedings. If this is not
clear progress, I fail to understand what is.
Another important recommendation
of the LLRC that we have done our utmost to implement is the rapid and
sustainable resettlement. Sustainability is of prime importance in this context
and resettled persons must be provided with “durable solutions” which means
that people who return must be able to lead normal productive lives, equal or
better to the life they led pre-displacement. The closure of the last IDP
welfare centre in Menik Farm by 24 September resulted in our having to deal
with only those IDPs who reside with host families and those in protracted
situations of displacement. While our focus has been on the nearly 300,000 IDPs
we received after their rescue in 2009, we have also paid due attention to the
“older caseload”. As at the beginning of October our record of total
resettlement was 501,194 persons. Among the remaining caseload are the Muslim
residents of the North who were forcibly evicted by the LTTE in 1990/1991 numbering
in the tens of thousands in pursuance of their policy of ethnic cleansing.
Thousands of Sinhalese were similarly evicted by the LTTE. We are clarifying
the remaining number of displaced of every category and will put in place
programmes of resettlement for all those who wish to return. To aid in the
process of resettlement the total number of houses constructed in the Northern
and Eastern Provinces up to September 2012, one hundred and twenty four
thousand one hundred and eighty four (124, 184) at a cost of Rs. Billion 33.34
from 2005. Needless to say we are justifiably proud of our achievement. This is
another example of implementation of a recommendation of the domestic process.
Sri Lanka’s rapid progress in
resettlement would not have been possible without the intensive humanitarian
demining operation. It is a matter of pride that a vast majority of the work
has been completed, at considerable risk
by the Sri Lanka Army. Initially, it was suspected that mines had been
laid in an area of more than 5,000 square kilometres. Demining such a vast area
was a formidable challenge that the Government unhesitatingly undertook
immediately after the conflict ended. At present, 2,061 sq.km have been
identified as hazardous areas. The area cleared is over 1,953 sq. km. The scale
of the problem the Government faced in demining can be clearly seen from the
number of mines and other devices unearthed and neutralised during the demining
process. Over 900,000 hazardous devices have been recovered. These include
anti-tank, anti-personnel and IEDs amongst the recovered UXO. As of 25 October
2012, about 98% of the areas identified for demining have been cleared and
approximately 108 square kilometers of territory remains to be cleared. This
data refers to 10 Districts in all including 3 in the East, 5 in the North and
2 in the North Central Province. Further demining will enable the remaining
contaminated areas to be used for resettlement.
The Sri Lanka Army was
responsible for demining approximately 75% of the land which was the largest
single area assigned to any of the parties involved in demining and included
most of the densely mined regions. The entire demining programme was carefully
planned and executed. Priority areas were chosen to maximize efficiency and
enable the speedy return of the displaced. The first was to demine towns and
villages; the second, to demine agricultural areas and paddy fields; and
finally to clear forested areas. Presently, nearly all of the two main priority
areas have been dealt with. Work only continues in a few areas where the
concentration of mines is at its highest. Many of these are places where heavy
fighting took place during the last stages of the conflict. It is our aim to
completely clear these in the near future. I ask the question once again: isn’t
this progress?
As we pointed out in our National
Report, special emphasis has been given to regulating the activities regarding
the management of land in the Northern and Eastern Provinces. The Ministry of Land and Land Development has
decided to resolve the land disputes in these areas by implementing a special
programme. Cabinet approval has been received for policy proposals relating to
the matter. It is proposed to set in place mediation boards in terms of the
Mediation (Special Categories of Disputes) Act to resolve disputes between
owners who have paper title and have been displaced and those of them who are
in unlawful occupation as an alternate dispute resolution mechanism.
Furthermore, an amendment to the Prescription Ordinance is presently being
considered whereby displaced or disadvantaged owners of land will be exempted
from the rules of prescription during a period of 30 years so as to enable them
to defeat any competing claims based on the lapse of time.
With regard to matters of
accountability and the allegations as to the violations of humanitarian and
human rights law, the LLRC in its report clearly states, that protection of
civilian life was a key factor in the formulation of Government policy for
carrying out military operations, and the deliberate targeting of civilians
formed no part of that strategy.
We have pointed out in our
national report that the Government has already carried out a series of measures
which will enable firm and verifiable conclusions to be arrived at on issues
involving accountability, without any element of conjecture or speculation. If
reliable evidence is available in respect of any contravention of the law, the
domestic legal process will be set in motion. I must stress that these are Sri
Lankans and our Government is determined to make a full accounting for our
people. As no comprehensive census has been carried out in the Northern
Province since 1981, the Department of Census and Statistics was charged with
the task of making an enumeration of vital events in the Northern Province and
this task was completed in 2011. Critical for socio-economic and development
planning, the enumeration, followed by an island wide census in 2012, will
provide an accurate picture of patterns of deaths, outward migration within and
outside the country, caused by the conflict and other reasons. A comparison of
the population data from the enumeration and from the island wide census will
enable the Government to gain an understanding of the magnitude and
ramifications of the conflict. Causes could include LTTE cadre killed in
action, cadre and civilians who escaped the conflict and migrated to other
parts of the country and/or overseas, civilians likely to have been killed in
the crossfire, civilians killed by the LTTE while seeking to escape from their
control, false reporting and reported deaths that did not occur during the
period of the humanitarian operation. The outcome will finally and conclusively
lay to rest the unfounded allegations of ‘tens of thousands’ of civilian deaths
alleged to have occurred in the first five months of 2009. I am sure that you
will agree, that this is indicative of a serious and systematic attempt to
account for people.
Still on the subject of
accountability and responding to questions received, a five-member Court of
Inquiry was appointed on 2 January 2012 by virtue of the powers vested in the
Army Commander under the Courts of Inquiry Regulations, read with the Army Disciplinary
Regulations, promulgated by the Army Act and is headed by a Major General. This
Court of Inquiry was tasked with inquiring into the observations made by the
Lessons Learnt and Reconciliation Commission (LLRC) in its report on alleged
civilian casualties during the final phase of the Humanitarian Operation and
probe as regards Channel-4 video footage.
Since its initial sitting in the
first week of January 2012, as of October 2012, the Court of Inquiry has
convened approximately 30 times and has examined many witnesses. It should be
noted that the Court is investigating more than 50 incidents referred to in the
LLRC report. Investigations cover whether or not any attacks were carried out
by the Army on civilians, on hospitals or in the no-fire zones including the
specific instances referred to in the LLRC Report. Irrespective of whether the
Channel 4 story is authentic or not, the Court of Inquiry has been mandated to
take measures to ascertain whether the uniformed persons featured in the Channel
4 footage can be identified as members of the Sri Lanka Army, and other
violations of military law, if any.
Additionally, the Sri Lanka Army
has commenced investigations by appointing a Board of Inquiry to study the LLRC
recommendations and formulate a viable action plan to implement the
recommendations that are relevant to the Army. The Sri Lanka Navy has also
initiated similar measures.
Questions were also raised on the
subject of Torture. With regard to allegations of torture, there are several
avenues for investigation and prosecution of offenders. Prosecution under the
Convention Against Torture Act, complaints to the National Police Commission,
complaints to the Human Rights Commission and even a complaint to the Apex
Court alleging torture, are avenues available to a victim of torture or other
ill treatment violative of human rights. The Police also conducts internal
reviews and may take action against a delinquent officer by utilizing
disciplinary processes. Workshops on Prevention of Torture for police officers
have been conducted and 474 have been trained from 2009 – 2012. A new
initiative with the assistance of the Asia Foundation has been launched to
expand training and education of police officers and investigators. It is
envisaged that prosecutors, judicial officers, and prison officers will be
included. New measures taken by the Police will also assist in reducing the
incidence of abuse and ill treatment of persons. A circular issued in December
2011 by the Inspector-General of Police ensures the safety of the persons in
police custody – both male and female. Moreover, by circular issued in May
2012, access to Attorneys by persons in Police custody is assured as of right.
At the same time, the upgrading of interrogation and forensic investigation
skills is ongoing to ensure that officers do not have to rely on coercive
methods to obtain information.
A question was also received by
us on the status of the Bill on the protection of victims and witnesses. The
draft legislation of 2008 has been amended to incorporate recommendations made
by the Supreme Court and the Parliamentary Consultative Committee on Justice
and has now been submitted to Cabinet and, upon approval, will be presented to
Parliament for enactment.
Sri Lanka has consistently
engaged with the OHCHR, the Special Procedure Mechanisms and relevant Treaty
Bodies. In the context of the invitation extended in April 2011 to the High
Commissioner for Human Rights to visit the country, a preparatory visit by a
team from the OHCHR was facilitated by the Government in September 2012. The
team was granted unfettered access and was provided with the opportunity of
interacting with a broad range of stakeholders, including senior representation
from government, opposition and civil society. We are still awaiting the dates
from the High Commissioner on her impending visit to Sri Lanka.
One concern that seems to have
drawn the attention of our friends is the question of military presence in the
former theatre of conflict. Here, I must categorically state that there has
been a significant reduction of the military strength in the North since the
end of the conflict. There is no intrusive military presence impacting on
civilian life –in Jaffna or in the Wanni. On the contrary, the military has
successfully completed a great deal of work to assist civilians return to their
normal lives in the aftermath of the conflict. From May 2009 to October 2012,
the Army has constructed 4,652 permanent new houses, 6,171 semi-permanent
houses and has renovated 7,454 houses, through their initiative and efforts. It
has constructed 73 schools, renovated nearly 500 old school buildings and has
constructed 23 school playgrounds. The Army has made a significant contribution
to the improvement of water, sanitation and hygiene facilities. The Army has
contributed to the socio-cultural needs of the people by building/restoring
nearly 250 places of religious worship belonging to all faiths in the North and
the East. Moreover, it has contributed to the repair of 11 main roads and 43
minor roads during this period.
Livelihood assistance has also
been facilitated by the Army. A number of medical clinics have been held, and
assistance provided for the conduct of religious, cultural and other festivals.
The Sri Lanka Navy and Air Force also facilitated similar projects. The
military has, therefore, delivered an outstanding contribution to the
restoration of normality. It is noteworthy that these functions have now been
taken over by a fully restored civilian administration.
A question was also posed as to a
supposed increase in sexual violence in these areas. Sri Lanka set up special
Women’s Protection Units with female Police officers and Women’s Centres in the
IDP welfare centres and are continuing to provide counselling services. Strict
legal action has been taken to combat sexual violence. During the three-year
span from May 2009 to May 2012, 256 sexual offences have been reported in the
North in all five districts; 176 cases are pending hearing by the courts, 67
cases have been forwarded to the Attorney General for advice, 2 convictions
have been recorded and 11 cases are currently under investigation. Any
correlation between military presence and sexual violence is unfounded.
The protection of women and the
advancement of their rights has been a cornerstone of our Government’s policy.
Especially in the post-conflict phase, the problems of women have been under
scrutiny. Several projects have been initiated in this connection including
livelihood development, micro-finance, self-employment, entrepreneurship,
empowerment, enhancing access to law enforcement and legal remedies. There has
been a special emphasis on conflict-affected women including female-headed
households.
Sri Lanka has, over the past
several decades, meaningfully integrated women as equal partners in shaping the
economic, political and social life of the country. We recognize that civil and
political rights are interlinked with social, cultural and economic rights and
that these reinforce each other. Sri Lanka ratified the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW) in 1981 and
acceded to the Optional Protocol in 2002. Sri Lanka’s combined fifth to seventh
periodic report was considered at the forty-eight session of the Committee and
observations on concluding observations have been submitted.
Language policy has been one of
the key issues which impacts upon the reconciliation process. We have set out
the measures taken in relation to both the NHRAP and the LLRC Action Plan
relating to the Trilingual Policy (2012 to 2020), and its implementation. It is
heartening that the military and the police have taken a lead in accelerated
language training. Future recruitment and advancement in the public service
will also depend on achievement of linguistic competence. Language is key to
confidence building among the multi-lingual segments of Sri Lankan society.
With the restoration of local
governance structures, local civil administration, participation in national
elections and a restoration of civic consciousness, the next step would be
consideration of elected Provincial representation. Demining, resettlement and
the establishment of settled communities are pre-requisites for democratic
activity – especially at the peripheral and regional level.
There is also the question of the
larger discussion of the way ahead as a nation and the institutional and other
arrangements necessary to unify the people and work together for a mutually
beneficial future. We also wish to reemphasize that a central feature of the
Government’s approach to evolving a consensus formula remains, primarily, the
establishment of a Parliamentary Select Committee (PSC), aimed at achieving
multi-party consensus in respect of political and constitutional measures. The
motion was unanimously adopted by Parliament in November 2011. Government has
already nominated its members to the PSC and is awaiting the nomination of
members representing the opposition, after which its sittings can commence.
Parallel with this multi-party mechanism, the Government engaged in bilateral
discussions with Tamil political parties as well as Muslim representation.
Mindful of the fact that all previous attempts at evolving a constitutional
formula failed due to the lack of consensus, the Government remains optimistic
that the PSC would help achieve the required consensus, given its inclusivity,
transparency, and adherence to democratic norms.
The Government of Sri Lanka has
expended an enormous amount of resources, time and effort in restoring
normality to the conflict afeected areas. The Government committed USD 2.8
billion mostly through loans, with some grant funding, in support of ongoing
projects in 2011. Investment in infrastructure especially roads, railways,
transport will pave the way for restoration of livelihoods and the movement of
goods. This is in addition to expenditure on humanitarian assistance and relief
where the Government’s commitment for 2009 and 2010 alone was USD 368 million.
The UN system and international and national NGOs mobilized USD 437.90 and
100.26, respectively, for the period 2009 to mid 2012.
Health is another focus area with
the per capita expenditure being over 3.5 times that of other Provinces in the
2009 to 2011 period. The number of hospital beds in the Northern Province per 1
million population is the highest in the country. Nutrition levels of infants and
young children and post-partum care availability in Northern areas are also
receiving attention, with Jaffna already exceeding the national averages.
Expenditure on education was Rs
1.3 billion for the 2009 to 2011 period andNine hundred and sixty four schools are functioning in the Northern
Province as at August 2012. Free uniforms, books and mid-day meals are provided
by the Ministry of Education.
Water and sanitation is an area
of focus with an investment of nearly Rs. 30 billion. Supply of electricity to
Kilinochchi, Mannar and Mullaitivu needs to be improved to reach the levels of
Vavuniya and Jaffna in terms of reach. Rs. 13 billion has been invested by
Government supplemented by borrowings in this regard.
Religious sites and places of
worship have also been supported and their restoration has also seen costs
incurred in respect of all 4 religious faiths practiced in Sri Lanka.
Agriculture has received a boost
with paddy (unhusked rice) production in the Northern Province tripling from
2009 to 2011. This momentum will be maintained with the reclaiming of abandoned
agricultural land. The provision of farm machinery, tractors, fertilizer, as
well as the disproportionately large Government expenditure on the sector, will
bear dividends. The investment in Irrigation for the 3 years since 2009 is
approximately Rs. 4.5 billion.
Restrictions on fishing have now
been almost completely eased and northern contribution to national fisheries
output has almost doubled from 2009 to 2011. Over 48,000 persons are employed
in this sector. Infrastructure including boats, ice plants, cool rooms and
freezer trucks have increased quantitatively during the post-conflict phase.
Animal husbandry and livestock sectors have recorded impressive growth. The
banking sector has also expanded to meet the growing need and seen an increase
in outlets, deposits, and in special credit schemes to promote livelihood and
development. The economy has shown incredible resilience and has demonstrated a
growth rate of 22% in 2010 with 27% in 2011 reflecting a high level of return
on investment.
Following on a nominal growth
rate of 22 per cent in 2010, the Northern province in 2011 recorded the highest
growth rate in nominal terms, of 27.1 per cent, among all provinces, and
continued to increase its share of the national economy driven by an expansion
in agriculture, fishing, construction, transportation and financial services.
We have integrated the Millennium
Development Goals (MDG’s) into the National Development Agenda. Sri Lanka is on
track to reach most of the indicators. Some have been achieved already. Among
the notable achievements are those relating to equitable primary education. The
universal primary education net enrolment rate has reached 99 per cent in 2009
for both males and females. The proportion of students starting Grade 1 and
reaching Grade 5 has increased to almost 100 per cent in 2006/07), child
mortality (the current level is 9.7 infant deaths per 1,000 live births) and
maternal mortality (the MMR is 39.3 deaths per 100,000 live births in 2009, are
the lowest in South Asia), access to safe drinking water (nearly 85 per cent of
households have sustainable access to improved drinking water in 2006/07) and
literacy (with female adult literacy at 97% and male adult literacy at 98% in
2010). There is no gender disparity in these achievements. In secondary and
tertiary education, the ratio of girls enrolled is greater.
Economic development must now
seamlessly follow the humanitarian assistance and early recovery phases. The
new UN Development Assistance Framework that will be applicable from 2013
reflects this shift in perspective and approach. We expect that, in keeping
with our needs and priorities, that our friends and partners will extend their
understanding and cooperation to our efforts in developing a stable and
prosperous Sri Lanka.
Madam President, I look forward
to a very constructive review and thank you for your attention.
 of Sri Lanka took place this afternoon at the United Nations Headqu...){kind=link}