Sri Lanka's Permanent Representative to the UN in Geneva and Leader of the Sri Lanka delegation to the Human Rights Committee Ambassador Ravinatha Aryasinha asked the Human Rights Committee to “judge Sri Lanka in proportion to the challenges Sri Lanka has continued to face as a country emerging from a 30 year terrorist conflict".
The Ambassador made this observation in responding to comments made during the consideration of Sri Lanka's 5th Periodic Report under the International Covenant on Civil and Political Rights (ICCPR) by the Human Rights Committee, which was held on 7-8 October 2014 in Geneva. The Human Rights Committee comprises a body of independent experts from 18 countries that monitors implementation of the International Covenant on Civil and Political Rights by its State parties.
Responding to a question raised by the Committee as to why the PTA is still in existence in Sri Lanka, Ambassador Aryasinha said Sri Lanka does not shy away from making considered choices and is adept at differentiating, in the best interest of its people. He recalled that notwithstanding security concerns, the government had speedily resettled almost all internally displaced persons, that out of approximately 12,000 LTTE ex-combatants who have been reintegrated into society, all but 114 are undergoing rehabilitation, and 84 are under legal proceedings, and that in 2011 the government had allowed emergency to lapse, which at the time many felt was too hasty. In spite of concerns raised, the Government of Sri Lanka had taken these calculated risks. He said, the government had to keep the PTA in effect, albeit reluctantly, due to recent incidents pointing to attempts at the resurgence of terrorism in Sri Lanka with involvement of external networks. He pointed out that such caution was also taken by many governments who have had to face the threat of terrorism.
Sri Lanka has called on refugee receiving countries to expedite the processes of finalizing resettlement claims and to also assist UNHCR to enhance its resource capacity, in order to overcome present difficulties being experienced in Sri Lanka on account of rapid influx of refugees/asylum seekers.
Deputy Permanent Representative to the UN in Geneva and CDA a.i. Mrs. Samantha Jayasuriya in a statement to the 65th Session of the Executive Committee of the UNHCR on Thursday in Geneva (2 October 2014), said despite not being a signatory to the 1951 Convention Relating to the Status of Refugees, Sri Lanka has been accommodating refugees/ asylum seekers in the country. However, during the last two years Sri Lanka witnessed an almost 700% increase in the arrival of asylum seekers/refugees, resulting in serious law & order, security, as well as health related issues for Sri Lanka. While being sensitive to the humanitarian aspects of asylum seekers/refugees, the Government has sought UNHCR’s assistance in addressing related issues including establishment of a safe house/welfare centre for identified refugees until they are resettlement, regularization of the return of asylum seekers whose claims have been rejected, expediting the resettlement process; and ensuring adequate facilities and monetary assistance provided to Asylum seekers until their claims are processed or resettlement is found. However these issues remain largely unresolved and Sri Lanka urges UNHCR to work closely with the Government to resolve these issues.
Twenty-two developing countries of the Like Minded Group (LMG) in Geneva, in a joint statement made through its Chair - Egypt, have said the Group "believes that the intrusive mandate given to the OHCHR by Res. 25/1 to carry out investigations on Sri Lanka is unwarranted, especially in the context where the country is implementing its own domestic processes". It said "OHCHR's efforts should contribute to a state's own efforts in the promotion and protection of human rights, as stipulated in the UNGA Res. 48/141, UNGA Res. 60/251, UNGA Res. 65/281 and in the IB package. These core documents do not confer any oversight authority to the OHCHR over sovereign countries. Any external assistance to countries should expressly be in consultation with and with the consent of that country". It also noted that "however, in contravention of these fundamental principles, Resolution 25/1 calls for 'comprehensive investigation' by the OHCHR, thereby vesting an investigative authority on the office". It said, "as we have observed, successive resolutions on Sri Lanka have not enjoyed the consensus of the Council members. This was amply evident by the divided vote of 14 against, 10 abstentions on OP 10 of resolution 25/1, which sought to establish the OHCHR investigation". The statement added "the international community should be mindful not to jeopardize the delicate process of reconciliation that is already underway in Sri Lanka".
Responding to the ‘Oral Update’ on Sri Lanka by the High Commissioner for Human Rights at the Human Rights Council (HRC) in Geneva today (25 September 2014), Sri Lanka’s Permanent Representative to the United Nations in Geneva, Ambassador Ravinatha Aryasinha said “the Government of Sri Lanka does not wish to help legitimize a flawed process and have a detrimental precedents established”, and hence “has to respectfully refuse those who urge that Sri Lanka cooperate with the OHCHR investigation.”
He said this position has been taken after much consideration and represents not only the will of the Sri Lankan people as reflected in the motion recently adopted in the Parliament with an overwhelming majority, but also the majority within the Human Rights Council, who refused to support Operational Paragraph 10 of HRC resolution 25/1 which created an OHCHR investigation on Sri Lanka in March 2014.
Permanent Representative of Sri Lanka to the UN in Geneva, Ambassador Ravinatha Aryasinha said Sri Lanka believes that the ‘10 Point Action Plan’ between the Government of Sri Lanka and WIPO could serve as a useful model for developing countries in upgrading their intellectual property protection regimes and delivering the benefits of Intellectual Property Rights (IPR) to a broader spectrum of stakeholders.
Ambassador made this observation when he addressed the 54th Series of Meetings of the Assemblies of Member States of WIPO on 23rd September 2014 in Geneva. He noted as the coordinator of SAARC Countries for WIPO- SAARC Consultation Meeting earlier this month, Sri Lanka highlighted the need to enhance implementation of the Development Agenda through its activities and the importance of formulating targeted country plans to achieve the objectives of WIPO’s technical assistance. He also added that the proposed Memorandum of Understanding (MoU) to strengthen mutual cooperation between WIPO and SAARC countries, expected to be considered during the upcoming Summit Meeting of SAARC Member States scheduled to be held in Kathmandu November this year, will further contribute to the development of IP regimes in our region.
Sri Lanka believes that the only way to achieve success in the process of drafting a Declaration on right to peace should be through consensus, based on established principles of international law.
Sri Lanka made this observation at the General Debate under Agenda Item 5 on the Report of Inter-Governmental Working Group on the Right to Peace at the 27th Session of the Human Rights Council in Geneva.
