Views expressed on the outcome by the State under review and concluding remarks

4. Views expressed on the outcome by the State
under review and concluding remarks

913. Sri Lanka noted that extrajudicial killings are also criminalized without any exception and that comprehensive legal processes are available to act against those responsible for such criminal activity. Sri Lanka stated that it will, as it does at present, continue to implement and further develop safeguards to prevent the occurrence of such criminal activity.

914. On the allegations of impunity, Sri Lanka indicated that every effort is being made to bring to justice perpetuators of offences or violators of human rights. It refuted the allegation that there is no will of the Government to deal with this issue and indicated that necessary structures have been set up. Sri Lanka stressed that it has persistently asked OHCHR for technical assistance to develop local structures that deal with such matters, and for assistance with capacity-building for its national institutions. Sri Lanka recalled its long history of a highly developed legal system and referred to its complex system of laws. It stressed that it does not require any more assistance in terms of legal inputs to deal with matters of human rights. However Sri Lanka asked the Council to appreciate current difficulties and understand the need for technical assistance and capacity-building as requested.

915. Sri Lanka noted that a principal difficulty in ensuring the rule of law was its ongoing problems with terrorism, and expressed its deep concern about the failure of some of its friends to deal satisfactorily with funding flowing from their States for terrorist activity. It pleaded that every effort be made and that every assistance be given with regard to the endeavour to stop the funding of terrorism, internationally and in particular for Sri Lanka. It stressed that large sums flow from other jurisdictions to Sri Lanka to fund terrorism. Sri Lanka strongly believes that if the funding is curtailed, the fight against terrorism could be far more successful and that the conflict could be brought to a peaceful end, which would contribute immeasurably to strengthening efforts to protect all human rights.

916. On the question that had been raised with regard to sexual violence against women in Akkaraipattu, Sri Lanka indicated that mechanisms are in place both in criminal law and civil law to deal with questions of sexual violence against women all over the country. Perpetrators are brought to book as a matter of routine.

917. There had also been criticism as to threats to journalists allegedly made by the Secretary of Defence. Sri Lanka is conscious of its constitutional guarantees for the freedom of expression and respects such freedom. However it was necessary to understand that this did not preclude Government criticism of the press with regard to some matters concerning national security. Sri Lanka insisted that it cannot be in a position of compromising national security even whilst assuring the freedom of the press which it cherishes and would like to protect. The press must be conscious of and sensitive to the requirements of national security in the context of the crisis the country faces. The Government is committed to the protection of a free press and every freedom would be granted to every journalist in carrying out his or her work.

918. Sri Lanka stressed that the International Independent Group of Eminent Persons is still in existence and disagreed with the comment that this mechanism had failed. The previous members of the Group had withdrawn but the principle was still in place and could be activated. Sri Lanka invited member States to assist in whatever way possible to enhance the effectiveness of the commission investigating the offences to which attention had been drawn such as those related to the Action contre la faim incident and the incident in Trincomalee.

919. With regard to cooperation with United Nations mechanisms, Sri Lanka noted again its concern about torture, which is why it had welcomed the visit of the Special Rapporteur, who had provided a very helpful report on which action was being taken. It was also concerned about allegations of impunity, and noted that in this context it had found the 2006 report of the Special Rapporteur on extrajudicial, summary or arbitrary executions very helpful, inasmuch as it drew attention to many problems and suggested mechanisms to address them. Though action in this regard had been slower than Sri Lanka would have liked, for various reasons, further cooperation with the Special Rapporteur was desirable, and it was regrettable that he had failed to respond to recent communication which noted areas in which action was being taken and assistance and advice would be welcome. Sri Lanka however would proceed as necessary, and noted the assistance with police training provided by Sweden and the United Kingdom. It was a pity the so-called international Police Support Group had not been more effective, but action had been taken to revive it, and in particular to actively involve also the Government of Japan, which had provided such constructive suggestions.

920. Regarding the criticism of the National Human Rights Commission, Sri Lanka requested the President and the Council to investigate why the Stocktaking Report commissioned by UNDP in 2007 had been ignored. Sri Lanka indicated that this affirmed confidence in the existing Commission but suggested areas in which it could be strengthened, and its recommendations should have been implemented. Sri Lanka regretted what seemed a lack of efficiency or commitment on the part of some officials of OHCHR in this regard, and that senior officials had not been aware of the report. It was unfortunate that assistance requested to deal with disappearances that had occurred 15 years previously had not been provided. Since then these had been dismissed by the National Human Rights Commission, which ought not to have occurred, but the questions could be cleared with appropriate assistance, and it was hoped that this would be forthcoming.

921. Regarding the issue of the international monitoring mission, Sri Lanka felt that the continuous finger-wagging in this regard by some European States was not at all helpful. It was striking that out of the 12 recommendations as to a monitoring mission, 11 came from European countries. Greater efforts to improve national mechanisms and to eradicate the problems that complicated improvements with regard to all aspects of human rights for all Sri Lankan citizens would be more useful. Sri Lanka appreciated that all countries wished to put a stop to terrorism, but it was sad that some claimed that the mechanisms to stop the flow of terrorist funding were not in place or that there were other priorities. Sri Lanka expressed appreciation of the efforts of countries such as France and the United Kingdom for their efforts in this regard, but noted that unless there was greater commitment to deal with that issue, progress in many areas would be difficult. It did understand that legal niceties were difficult to resolve, but it trusted that similar understanding would be extended to Sri Lanka in the difficult situation it faced.

922. Sri Lanka was of the view that the comment made by Denmark stating that Sri Lanka did not look at recommendations because it rejected a few was just completely not true. Sri Lanka regretted such an intervention, in marked contrast to those of all other countries which, whilst drawing attention to matters that could be remedied, had tried to understand the difficulties Sri Lanka faced and the efforts it was making. There were four pillars Sri Lanka was strengthening in its efforts to develop a fully democratic and pluralistic society for its citizens. One of them was human rights, but it also needed to eradicate terrorism, to promote pluralism and to ensure development. It hoped its friends understood that all these needed to go together, and that assistance and support was desirable in all these areas. In this regard, Sri Lanka presented the President of the Council with a publication entitled “Pursuing Peace, Fighting Falsehood”, which it hoped would make clear the difficulties it faced and the efforts it was making to promote pluralism and democracy under testing circumstances.

France

924. At its 21st meeting, on 13 June 2008, the Council considered and adopted the outcome of the review on France (see section C below).

925. The outcome of the review on France is constituted of the report of the Working Group on the Universal Periodic Review (A/HRC/8/47), together with the views of France concerning the recommendations and/or conclusions, as well as its voluntary commitments and its replies presented before the adoption of the outcome by the plenary to questions or issues that were not sufficiently addressed during the interactive dialogue in the Working Group (see also A/HRC/8/47/Add.1).