54th Session of the Human Rights Council
Agenda Item 2 - General Debate
Statement by Her Excellency Himalee Arunatilaka, Ambassador and Permanent Representative of Sri Lanka to the United Nations in Geneva
13th September 2023
Mr. President,
Resolutions 60/251 and 48/141 require that the work of this Council and the OHCHR should be guided by the principles of universality, impartiality, objectivity and non-selectivity, and constructive international dialogue and cooperation.
Unfortunately, this does not appear to be the case with regard to Sri Lanka.
One such instance in the Written Update is the reference to the investigations on the Easter Sunday Attacks of 2019. It is regrettable that the OHCHR has sought to use incorrect and unsubstantiated information from biased sources in their analysis. As Sri Lanka has repeatedly informed this Council, extensive and comprehensive investigations have been carried out by the GoSL with regard to these attacks including a Presidential Commission of Inquiry, the report of which was submitted to the Parliament. Investigations carried out by the Government authorities were assisted by international professional agencies including the Australian Federal Police, the FBI of the United States and INTERPOL.
The written update on Sri Lanka was presented at the 54th Session of the Human Rights Council that commenced on 11 September 2023 in Geneva by the Deputy High Commissioner for Human Rights Nada al-Nashif.
Delivering Sri Lanka´s statement as the country concerned, Permanent Representative of Sri Lanka to the United Nations in Geneva, Ambassador Himalee Arunatilaka at the outset reiterated that Resolutions 46/1 and 51/1 were adopted by a divided vote in the Council where the majority of the Member States either opposed or abstained from voting on these Resolutions, in fundamental disagreement with its unacceptable content, in particular the so-called evidence gathering mechanism, the establishment of which is unprecedented.
Sri Lanka rejected the written update by the High Commissioner for Human Rights titled ‘Situation of Human Rights in Sri Lanka’ together with its conclusions and recommendations, while reaffirming its commitment to pursuing tangible progress through domestic institutions.
GoSL Statement made by H.E. Himalee Arunatilaka, the Permanent Representative of Sri Lanka to the United Nations in Geneva
54th Session of the Human Rights Council:
Report on Sri Lanka by the High Commissioner for Human Rights
pursuant to HRC Resolution 51/1
11 September 2023
Mr. President,
At the outset, let me reiterate that the Government of Sri Lanka (GoSL) has consistently rejected Resolution 46/1 and 51/1 that led to the setting up of the so-called ‘Accountability Project’. We also reject the written update, its conclusions and recommendations.
We recall that the majority of the Member States either opposed or abstained from voting on these Resolutions, in fundamental disagreement with its unacceptable content in particular the so-called evidence gathering mechanism, the establishment of which is unprecedented. We reiterate that it goes beyond the mandate that Member States conferred on the Council by UNGA Resolution 60/251.
Mr. President
Excellencies
Distinguished Delegates
It gives me great pleasure to present to you the final position of the Government of Sri Lanka on the recommendations received during the 4th cycle of our UPR Report.
The mechanism of the UPR marks the culmination of a long review process of the international human rights machinery. We value the fact that this mechanism provides an equal opportunity for all UN member States, without discrimination, to voluntarily share the progress made domestically to promote and protect human rights. This peer review process has contributed to reducing selectivity and politicization in our efforts to advance the cause of human rights. It enables constructive engagement on developments related to human rights with our international partners, national independent institutions, civil society, and the UN system.
Mr. President,
The Government of Sri Lanka is addressing the unprecedented social and economic issues arising from the economic crisis. Political stability has been restored while conditions on the ground have improved considerably for the people. In parallel and despite ongoing fiscal challenges, the Government is continuing its focus on the long-term measures towards reconciliation and accountability within the framework of the Constitution.
The GoSL has been successful in maintaining economic stabilization. The IMF Extended Fund Facility for Sri Lanka was approved recently, and the necessary fiscal, monetary and governance reforms are underway. Social protection measures to mitigate the impact on the poor and vulnerable have also been introduced. The availability of essential items including fertilizer, fuel, medicine and energy has been restored and headline inflation has decreased.
Sri Lanka participated in its 6th Periodic Review under the International Covenant on Civil and Political Rights (ICCPR) on 8 and 9 March 2023in Geneva. The Review was conducted in a hybrid format, during three 2-hour sessions over two days by the Human Rights Committee. The preparations for the Review were led by the Ministry of Foreign Affairs over the past several weeks and included participation by a number of government agencies.
The Human Rights Committee is a body comprised of 18 independent experts that monitor the implementation of the ICCPR. The Reviews of all States Parties to the Covenant are conducted by the Committee. In addition to Sri Lanka the Committee also reviewed Egypt, Turkmenistan, Zambia, Peru, and Panama during its 137th Session from 27 February to 24 March 2023.
In her opening statement, the Head of the Sri Lanka Delegation Permanent Representative of Sri Lanka to the UN in Geneva Ambassador Himalee Arunatilaka, said that since the submission of Sri Lanka’s 6th Periodic Report in 2019, many significant developments in the country have taken place, including the enactment of the 21st Amendment to the Constitution, further strengthening democratic governance through the Constitution, Regulation of Election Expenditure Act, amendments to the Prevention of Terrorism Act and drafting of anti-terrorism legislation, reconciliation through independent domestic mechanisms, convening of an All Party Conference, establishment of a Cabinet Sub-Committee on Reconciliation and release of land held by military for security purposes in the North and the East to the legitimate owners. Ambassador Arunatilaka also pointed out that the period under review posed unprecedented socio-economic challenges for Sri Lanka and the Government’s main objective during the past year was to restore economic and political stability and on delivering urgent socio-economic necessities.
Mr. President,
Distinguished delegates,
I take the floor in keeping with Sri Lanka’s continuing policy of constructive engagement with the UN human rights instruments and mechanisms.
As we mark the 75th anniversary of the UDHR, and the 30th anniversary of the Vienna Declaration and Programme of Action (VDPA), we must resolve to preserve the spirit of multilateralism and the foundation of human rights governance. We must also strive to depoliticize human rights and find solutions to concerns through dialogue and multilateral cooperation rather than through confrontation, selectivity and unilateralism.
Mr. President,
We envisage 2023, the 75th anniversary of our independence, which coincides with the 75th Anniversary of the adoption of the Universal Declaration to be a year of socio-economic stabilization, reconciliation, and recovery.
The domestic institutions for reconciliation and accountability in Sri Lanka continue to carry out their work towards achieving important post-conflict recovery and healing.
A Cabinet Sub-Committee has been established under the Chairmanship of the President, to promote reconciliation among different communities and to address and resolve matters relating to issues encountered by the peoples of the Northern and Eastern Provinces.
Sri Lanka concluded its 4th Cycle of the Universal Periodic Review (UPR) during the 42nd Session of the UPR Working Group on Wednesday 1st February in Geneva. Sri Lanka’s National Report was prepared by the Ministry of Foreign Affairs with input from government ministries and agencies through an inclusive and broad-based process where civil society organizations and the National Human Rights Commission of Sri Lanka were also consulted.
The UPR is conducted as a review mechanism by the UPR Working Group of the UN Human Rights Council in four year cycles. Sri Lanka’s last UPR review was in 2017.
Delivering the opening statement via a pre-recorded statement, the Head of Delegation, Foreign Minister Ali Sabry highlighted the progress and achievements made by Sri Lanka since its last review including the implementation of the recommendations accepted. Sri Lanka envisages 2023, the 75th anniversary of independence, to be a year of socio-economic stabilization, reconciliation, and recovery. The Minister also said that “it is important to learn from the past, and it is equally important to move on, to build better and stronger.”
The Permanent Representative to the UN in Geneva Ambassador Himalee Arunatilaka highlighted legislative and policy measures implemented by Sri Lanka during the reporting period including the 21st Amendment to the Constitution, strengthening efforts on the reconciliation processes and the national independent institutions.
Sri Lanka concluded its Review under the 4th Cycle of the Universal Periodic Review (UPR) in Geneva, today.
Foreign Minister Ali Sabry, as the leader of the Sri Lanka delegation, delivered the remarks through a pre-recorded video statement.
Ministry of Foreign Affairs
Colombo
1 February, 2023
.....................................
Pre-recorded video statement by the Hon. Minister of Foreign Affairs Fourth Cycle of the Universal Periodic Review of Sri Lanka
Geneva, 1 February 2023
Mr. President,
Excellencies,
Distinguished delegates,
It is a privilege for me to welcome all of you to Sri Lanka’s Review under the fourth cycle of the Universal Periodic Review.
The year 2023 is a milestone for the global human rights architecture. We are celebrating the 75th anniversary of the Universal Declaration of Human Rights and also the 30th anniversary of the Vienna Declaration and Programme of Action. The mechanism of the UPR marks the culmination of a long review process of the international human rights machinery. We value the fact that this mechanism provides an equal opportunity for all UN member States, without discrimination, to voluntarily share the progress made domestically to promote and protect human rights. This peer review process has contributed to reducing selectivity and politicization in our efforts to advance the cause of human rights. It enables constructive engagement on developments related to human rights with our international partners, national independent institutions, civil society, and the UN system.
Sri Lanka categorically rejected resolution A/HRC/51/L.1 (Rev.1) titled "Promoting reconciliation, accountability and human rights in Sri Lanka" tabled by the United Kingdom, Canada, Germany, Malawi, Montenegro, North Macedonia, and the United States, which was adopted by a vote at the Human Rights Council (HRC) in Geneva, today (06 October 2022).
Minister of Foreign Affairs Ali Sabry delivered the statement on behalf of Sri Lanka as the country concerned and called on the Members of the Council to reject the resolution by voting against it.
In support of Sri Lanka’s position opposing the resolution, the delegation of Pakistan called for a vote. Over half of the members of the Council did not support the resolution with 07 countries (Bolivia, China, Cuba, Eritrea, Pakistan, Uzbekistan and Venezuela) voting against the resolution and 20 countries abstaining on the vote. 20 countries voted in favour of the resolution.
Mr. President,
Madam Acting High Commissioner,
Excellencies,
At the outset, on behalf of our Government, I reiterate our unwavering commitment towards advancing, securing and protecting the human rights of our people, and continuing our engagement with the Council in a spirit of cooperation and dialogue. In keeping with our commitment, notwithstanding our categorical rejection of resolution 46/1, we have submitted Sri Lanka’s detailed written response to the High Commissioner’s Report. We have requested that Sri Lanka’s Comments be placed as an Addendum to the Report, to accord with best practices.
Mr. President,
We remain cognizant of and acutely sensitive to the events that have taken place in the recent past. The severe economic crisis emanating from factors both internal and external offer many lessons for all of us. We recall in this context the indivisibility of human rights, as enshrined in the Vienna Declaration and Programme of Action. The Government is extremely sensitive to the socio-economic hardships faced by our people, and has initiated immediate multi-pronged measures to address the challenges and to ensure their wellbeing through the provision of supplies essential to the life of the community. A staff level agreement has been reached with the International Monetary Fund, and discussions on debt restructuring are in progress. The Government is in dialogue with UN agencies as well as bilateral partners to protect the most vulnerable from the adverse impacts of the crisis. In spite of multiple challenges, Sri Lanka would endeavour to remain on course in meeting the goals of the 2030 Agenda for Sustainable Development.
Prof. G.L. Peiris, Minister of Foreign Affairs, met the UN High Commissioner for Human Rights, the Secretary General of the International Federation of the Red Cross and the Permanent Representatives of China, the European Union, Australia, Republic of Korea, Germany, Netherlands and Jordan in Geneva on the sidelines of the 50th session of the UN Human Rights Council.
At the meeting with Michelle Bachelet, High Commissioner for Human Rights, Minister Peiris assured the High Commissioner of Sri Lanka’s continued active engagement with the international system including the Human Rights Council, in a candid and transparent manner. The Foreign Minister also described in detail the results achieved on the ground by local mechanisms including the Office of Missing Persons, the Office for Reparations, the Office for National Unity and Reconciliation, the SDG Council as well as independent institutions such as the Human Rights Commission of Sri Lanka. Foreign Minister Peiris informed the High Commissioner that the invitation to undertake an official visit to Sri Lanka extended previously, still stands. He also wished her well on her upcoming retirement, announced at the beginning of the current session.
Mr. President,
Sri Lanka has regularly shared our progress and challenges in an open exchange with this Council and other organs of the United Nations. It is in this spirit of transparency, candour and openness that I make this address to the current session of the Council.
The international community is aware of the grave social and economic situation that Sri Lanka has been faced with in recent weeks. While this situation has been aggravated by ongoing global crises including the pandemic, the focus of the protests has consisted of demands for economic relief and institutional reform. In recognition of these challenges and in moving forward in an inclusive manner, we consider it crucial to heed the aspirations of all segments of our people, in particular, the youth.
At the Interactive Dialogue on the written update of the High Commissioner for Human Rights on Sri Lanka, which concluded on 7 March 2022, Sri Lanka received overwhelming support from countries of the Global South who expressed support for the Government’s significant efforts towards reconciliation and reiterated the importance of objective and constructive cooperation as the fundamental basis for multilateral engagement.
Of the 45 countries that spoke at the Interactive Dialogue, 31 spoke in support of Sri Lanka. Sri Lanka received cross-regional support from a broad spectrum of states of South, South East and Central Asia and the African Group. The 31 countries that spoke in favour of Sri Lanka were Saudi Arabia, Egypt, Philippines, Nepal, Kenya, Ethiopia, Maldives, China, Cuba, Japan, Syrian Arab Republic, Viet Nam, DPRK, Venezuela, Nigeria, Pakistan, Cambodia, the Russian Federation, Lebanon, Uganda, Belarus, Zimbabwe, Eritrea, South Sudan, Lao PDR, Yemen, Iran, Niger, Kazakhstan, Bangladesh and Azerbaijan.
Mr. President,
The Resolution 46/1 on Sri Lanka was adopted by a divided vote in this Council. Sri Lanka and other Member States opposed this resolution in fundamental disagreement with its deeply flawed procedure and unacceptable content, in particular its OP para 6 regarding a so-called evidence-gathering mechanism. The Resolution was directly contrary to the Council’s founding principles of impartiality, objectivity and non-selectivity. It went well beyond the mandate that Member States conferred on it by UNGA Resolution 60/251. I have stated Sri Lanka’s views on this matter to this Council on 01 March. We also submitted in a timely manner our comments on the High Commissioner’s report. We note with regret that the Secretariat failed to publish this simultaneously with the High Commissioner’s written update.
Despite our rejection of the resolution, we will continue our voluntary international undertakings on human rights and engage with the United Nations, including with this Council. As stated by President Gotabaya Rajapaksa of Sri Lanka to our Parliament on 18 January 2022, “We are a nation that respects international laws and conventions”. We have regularly shared our progress and challenges in a candid and open exchange with this Council and other relevant organs of the United Nations system.
Mr. President,
Sri Lanka is an active participant in the multilateral framework to realize the promotion and protection of human rights.
Fundamental rights are embodied in our Constitution, progressively advanced through our democratically elected organs of government and enforced through our independent judiciary. Despite multiple challenges we have faced from terrorism, we have restored peace, security and the rule of law throughout the country. Our democratic traditions and independent institutions ensure free and fair elections at regular intervals through universal adult franchise. We will further advance the considerable progress we have made in post-conflict recovery and healing. For this, we have put in place domestic institutions for reconciliation, accountability and social justice.
Through this Council, we have completed 3 mutually beneficial Universal Periodic Reviews, engaged in constructive dialogue with the Treaty Bodies, welcomed Special Procedures Mandate Holders, and held frank and open discussions with domestic and international interlocutors. We have benefitted from the considerable expertise available with the UN on human rights including through its technical cooperation and capacity building programs. Through the UN country team, we value the ongoing support to our domestic processes on reconciliation and achievement of SDGs.
Human Rights Council 48th Regular Session
Agenda Item 2: Oral update on Sri Lanka by the High Commissioner for Human Rights
Statement by Hon. Prof. G.L. Peiris Foreign Minister of Sri Lanka (Geneva, 14 September 2021)
Madam President,
Let me begin by reiterating our strong and continued cooperation with this Council and the United Nations mandated human rights system, in keeping with our Constitution and our international obligations voluntarily undertaken.
Twelve years ago, Sri Lanka eradicated LTTE terrorism on its soil. We have restored peace, security and stability for the benefit of our people. We held firm to our democratic traditions and elections were held at regular intervals with high levels of voter participation – most recently at the 2019 Presidential and 2020 Parliamentary polls. The Government is committed to holding the Provincial Council elections at the earliest.
Madam President,
Sri Lanka believes that sports and international sporting events should serve as a platform to promote inclusiveness and cooperation among the community of nations. The importance of the Olympics as a significant global opportunity in this regard cannot be over-emphasised.
In 2018, Sri Lanka chaired the Social Forum of this Council which brought together many participants from around the world to discuss how sports and the Olympic ideal can contribute to the achievement of the 2030 Sustainable Development Agenda and human rights. We hope that the Council and all stakeholders will continue further action in this direction.
Madame President,
Sri Lanka takes note of the Special Rapporteur’s report on the Situation of human rights in the Palestinian Territories and wishes to express regret at the serious escalation in violence in the territory following evictions, demolitions, settlement expansion and settler violence. We deeply regret that the outbreak of violent hostilities in May caused wanton loss of many civilian lives. The long-term effects of such violence on infrastructure including water, sanitation and electricity will only lead to the suffering of the people of the Palestinian Territories.
We appreciate the work of the UN Relief and Works Agency (UNRWA) in responding to the humanitarian crisis in the Palestinian Territories and call on the international community to strengthen support for their activities. We also highlight the paramount importance of addressing the aggravated humanitarian situation in the Palestinian territories, including the provision of urgent healthcare including vaccines and therapeutics, and social and economic assistance to the populations affected by hostilities.
Sri Lanka re-iterates its consistent and principled position regarding the right of the Palestinian people to statehood and to the natural resources in their territory and re-iterates the importance of the early implementation of the relevant UNGA resolutions. We remain committed to supporting a negotiated settlement in line with the internationally agreed parameters of two states living side by side on the basis of the 1967 borders, which is key to achieving long term security, peace and prosperity.
I thank you
Madam President,
Sri Lanka notes the report presented by the Special Rapporteur on ‘means to address the human rights impact of pushbacks of migrants on land and at sea’.
In this context, we wish to draw this Council’s attention to the critical challenges faced by migrant workers, particualrly during the current pandemic situation.
The remittances of migrant workers who comprise 3.5% of the world’s population, contribute to the socio-economic development of communities and societies, lifting millions out of poverty, raising standards of living and providing access to health services, nutrition, education and housing. [According to the World Bank, remittance flows to low and middle income countries were US $ 540 in 2020, only 1.6% lower that the US$548 recorded in 2019.]
Madam President,
Sri Lanka notes the report presented by the Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standards of physical and mental health.
The loss of lives and livelihoods and impediments to economic and social development due to the Covid-19 pandemic has exacerbated poverty, inequality and suffering, with serious consequences on the physical and mental health of billions around the world.
Recovery from this pandemic as well as prevention of a resurgence requires equitable access to diagnostics and therapeutics including vaccines, as well as adherence to other preventive measures. Despite early calls by the UN Secretary General and world leaders for international cooperation and solidarity in the response to the pandemic and for Covid-19 products to be considered global public goods, as we speak, millions of people from developing and least developed countries have been left behind due to unequal distribution of vaccines.
Mr. Vice President,
We exercise this right of reply in response to references to Sri Lanka made by the United Kingdom and other speakers during this interactive dialogue.
The proscribed groups referred to in these interventions include organisations linked to the LTTE and other international terrorist groups such as ISIS and Al Qaeda and their regional and Sri Lankan affiliates. They have been listed under the relevant domestic regulations as a part of Sri Lanka’s obligations under UN Security Council Resolution 1373 which has been in operation for almost a decade. The list is based on cogent evidence. It is misleading and unwarranted to characterise action to prevent financing of terrorism and violent extremism as targeting of any particular community or as a hindrance to reconciliation.
Sri Lanka experienced the Easter Sunday suicide bombings in April 2019, which is by far the biggest terrorist attack on a civilian target to take place anywhere in the world. Measures taken by Sri Lanka to prevent recurrence of such terrorist attacks have been taken in the interest of public security and in accordance with the recommendations of the Parliamentary Sectoral Oversight Committee on National Security of 2019/2020. This was a unique national effort which had the participation of Parliamentarians of both the then government and the opposition, representing all ethnic and religious communities in the country. Sri Lanka continues to cooperate with foreign intelligence services including those of the OIC countries, to combat cross border terrorism. Some of the perpetrators of this act of terrorism have already been charged outside Sri Lanka.
Statement by Hon. Foreign Minister of Sri Lanka
Agenda Item 2: Interactive Dialogue on the OHCHR Report ‘Promoting reconciliation, accountability and human rights in Sri Lanka’ (A/HRC/46/20)
24th February 2021
Madam President,
Madam High Commissioner,
Excellencies,
Ladies and gentlemen,
The OHCHR Report which is presented today, emanates from the Resolution 30/1 and 40/1, from which the Government of Sri Lanka announced its withdrawal of co-sponsorship, at the 43rd Session of this Council last year.
Sri Lanka rejects the High Commissioner’s Report which has unjustifiably broadened its scope and mandate further, incorporating many issues of governance and matters that are essentially domestic for any self-respecting, sovereign country. This is in complete violation of Article 2 (7) of the Charter of the UN that states: “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state…”
The trajectory that has emerged with regard to the recommendations and conclusions reflects the preconceived, politicized and prejudicial agenda which certain elements have relentlessly pursued against Sri Lanka. These recommendations are based on ill-founded allegations.
Sri Lanka categorically rejects the conclusions and recommendations in the High Commissioner’s Report.
The call for asset freezes, travel bans, references to the ICC and the exercise of universal jurisdiction by individual States, based on evidence that up to date has been denied access to and retained by the High Commissioners Office with some of it unreleased for thirty years, particularly in relation to a country like Sri Lanka which has consistently and constructively engaged with the UN and its mechanisms, points to a distinct and eminent danger which the international community as a whole need to take note of. Such unilateral actions by certain countries are unacceptable and a violation of the principles of natural justice.
Madam President,
Madam High Commissioner,
Distinguished Ambassadors,
Ladies and Gentlemen,
UN Human Rights Council Social Forum 2020
The role of the state and public policies to address poverty and inequalities
09 October 2020
Statement by Sri Lanka
Mr. Co-Chair,
At the outset, Sri Lanka wishes to congratulate the distinguished Permanent Representatives of Azerbaijan and Mongolia who serve as co-chair rapporteurs of the 2020 Social Forum, an annual engagement of this Council to which my country attaches great importance.
As a country whose post-independence national policies have been premised exclusively on the wellbeing of its people, the role of the state and the public policies of Sri Lanka have for long years been oriented in the trajectory of addressing poverty and inequalities among its population.
45th Session of the Human Rights Council
Item 5: Interactive dialogue with the Assistant Secretary General for Human Rights on the report of the Secretary-General on co-operation with the United Nations, its representatives and mechanisms in the field of human rights
30 September 2020
Statement by Sri Lanka
Madam President,
The Government of Sri Lanka (GoSL) wishes to make the following observations with regard to the reference contained in the Annual Report of the Secretary-General on "Cooperation with the United Nations, its representatives and mechanisms in the field of human rights", presented to this Council:
With regard to alleged “intimidating visits”, “surveillance”, complaints of harassment” and “reprisals” referred to in the Report, the GoSL wishes to make an invitation to the parties concerned to make formal complaints to law enforcement authorities or to independent national institutions such as the Human Rights Commission of Sri Lanka or the National Police Commission, so that action can be taken to investigate the alleged incidents.
The Government has already publicly refuted these allegations, and is committed to protecting and promoting freedom of expression and civil society space, and ensure that complaints received on alleged attacks against journalists, human rights defenders and civil society are investigated and prosecuted.
It is also reiterated that, apart from operating routine security networks in the interest of national security, particularly after the devastating Easter Sunday terrorist attacks, the Security Forces and intelligence agencies are not engaged in monitoring any specific group of people in the country.
We believe that, for any country compromising its national security interests amidst looming sophistication of strategies of radical and extreme elements world around, is bound to face regrettable consequences. Hence, the GoSL requests all parties to be mindful of that ground reality in this context.
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