1. Views of the State under review concerning recommendations
and/or conclusions, as well as its voluntary commitments
886. Sri Lanka reaffirmed its firm resolve to constructively discuss critical issues connected with the human rights situation, as exemplified in its candid presentation and open engagement with members of the Working Group on 13 May 2008 and thereafter with the troika of rapporteurs and the Secretariat.
887. Sri Lanka expressed concerns relating to recording of the interactive dialogue in the report of the Working Group and placed on record its recommendation that all countries that make interventions are given equal weight in the report. Of the recommendations made, Sri Lanka had accepted 45, and had undertaken to further consider 11 others, while being unable to support 26 others. These last on analysis were in fact just about 10 since several of them were repetitions.
888. Sri Lanka submitted a document giving its responses to the 11 recommendations it had considered, and indicated its general agreement with a majority of these, which included items such as action against torture and action to prevent the use of child soldiers, all of which it abhors and which should be stopped. With regard to other recommendations, Sri Lanka has undertaken a thorough review of the requirements of several instruments and will reach decisions having further studied the implications of participation. As a party to the seven core international human rights instruments and several protocols and as a State making legislative preparations for the ratification of the Convention on the Rights of Persons with Disabilities, Sri Lanka must focus keener attention on domestic legislative incorporation. In relation to domestic issues such as the re-establishment of the Constitutional Council, Sri Lanka has made its position clear, that it awaits the outcome of a parliamentary body tasked with proposing measures to rectify deficiencies in the seventeenth amendment to the Constitution.
889. Sri Lanka gave close attention to the 26 recommendations made by 17 countries; 12 of these recommendations related to the expanded presence of an office of the High Commissioner in Sri Lanka. Sri Lanka has already made clear that this is not acceptable. As to another repeated recommendation, i.e. in relation to the issuance of a standing invitation for visits by special rapporteurs, Sri Lanka has demonstrated its willingness to engage with them through several successful missions last year. Sri Lanka noted the very helpful visits from the Special Rapporteur on the question of torture and the Special Representative of the Secretary-General on internally displaced persons, and expects productive outcomes from this engagement, as for instance through its current work with the latter and the United Nations High Commissioner for Refugees on a workshop on durable solutions for internally displaced persons.
890. Amongst the rejected recommendations were several in relation to initiatives which have already commenced. Thus, the rejection was primarily of the language used, which implied that little or no action had been taken. In other cases the underlying premise was flawed or non factual. With regard to one recommendation Sri Lanka noted that further time was required for consideration.
891. Sri Lanka also made 26 voluntary pledges. Promoting and protecting human rights takes pride of place in ensuring the welfare of its people and Sri Lanka attempts to do this whilst facing increasingly brutal and vicious atrocities from one of the most deadly terrorist forces in the contemporary world. Sri Lanka recently faced a spate of bombs targeting civilians, which were also attempts to destabilize the southern part of the country. This tactic of the Liberation Tigers of Tamil Eelam, when faced with military reverses in the North, suggests their desperation. But Sri Lanka assured the Council of its determination to defeat the forces of terror and to restore peace, pluralistic democracy and development to all its peoples. It legitimately expects the understanding and support of its international friends and partners.
892. The Ministry of Disaster Management and Human Rights is preparing a national action plan, in consultation with the United Nations Development Programme (UNDP) and the Human Rights Adviser to the United Nations country team. The Human Rights Commission of Sri Lanka also has its own plan and will be part of this process. Sri Lanka has, in accordance with the Stocktaking Report commissioned from Peter Hosking by the United Nations Development Programme and issued in April 2007, suggested to the National Human Rights Commission that the Government and the Commission should have a memorandum of understanding, which would help in establishing and institutionalizing the technical support and mechanisms that are needed. Sri Lanka strongly regretted that that report had been ignored by UNDP for over a year and was glad that the new UNDP team in Sri Lanka was now working on some of the suggestions contained therein.
893. Sri Lanka has made significant efforts to train and upgrade its law enforcement machinery. The Sri Lankan Police Department has established a task force to look into key aspects of training. Sri Lanka believes that a disciplined, well-trained and inclusive police force will be one of the principal instruments to facilitate some of the necessary changes. Targeted recruitment and commissioning of Tamil policemen has begun, and these are initiatives that Sri Lanka intends to develop.
894. Sri Lanka also apprised the Council of an important development in the legal system, the presentation to Parliament by the Government of comprehensive victim and witness protection legislation. The Bill is in line with the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power.
895. In conclusion, Sri Lanka acknowledged the involvement of those who made the universal periodic review of Sri Lanka a valuable and productive exercise, thanked member States who had contributed constructively, and noted with gratitude the contribution of the three rapporteurs and the secretariat. This presentation was followed by comments by States’ delegations and non governmental organizations.
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