Sri Lanka refutes UN Human Right chief’s comments
Calls them ‘unwarranted and pre-judgemental’
GENEVA– The government on Tuesday (15) objected to comments made by UN High Commissioner for Human Rights, Michelle Bachelet, on the proposed 20th Amendment to the Constitution, calling them “unwarranted and pre-judgemental, based on presumption.”
Dayani Mendis, Actg. Permanent Representative of Sri Lanka to the United Nations in Geneva, in her statement at the 45th Session of the UN Human Council in Geneva on Tuesday, said the draft 20th Amendment to the Constitution, submitted through the Parliament will be discussed, debated, following a complete democratic process, where all stakeholders will have the opportunity to present their views. “Therefore, the government is of the view that High Commissioner’s comments on the proposed 20th Amendment are unwarranted and pre-judgmental, based on presumption,” she said.
Bachelet, speaking at the opening of the 45th session of the Human Rights Council on Monday (14), called on the UN Human Rights Council to ensure there was “renewed attention to Sri Lanka”, warning of “threats to peace, reconciliation and sustainable development”.
She said she was “troubled that the new government is swiftly reneging on its commitments to the Human Rights Council since it withdrew its support for resolution 30/1”, and expressed concern that the proposed 20th Amendment to the Constitution may negatively impact on the independence of key institutions, including the National Human Rights Commission.
She also highlighted the pardon given in March to a former army sergeant convicted of participating in unlawful killings; appointments to key civilian roles of senior military officials allegedly involved in war crimes and crimes against humanity; and moves within the police and judiciary to thwart the investigation of such crimes, as very negative trends.
Bachelet also called for an immediate end to surveillance and intimidation of victims, their families, human rights defenders, journalists and lawyers.
Responding to the High Commissioner’s comments, Mendis said the presidential pardon given to the former army sergeant, was granted in terms of the powers and provisions of the Constitution of Sri Lanka, and rejected as ‘unsubstantiated’ the allegations levelled against senior military officials appointed to key positions of institutions.
“Sri Lanka has consistently refuted the credibility of these allegations and wishes to highlight that the domestic processes such as the LLRC and Paranagama Commissions that examined these allegations particularly with regard to the last stages of the conflict, have not found substantive evidence against any of the senior military officials referred to in this regard,” Mendis said, declaring that in the absence of any substantive proof, Sri Lanka considers the continued arbitrary accusations on crimes or crimes against humanity made against the senior military officials unacceptable and a violation of the principles of natural justice.
Refuting allegations of surveillance and intimidation, she said the government was committed to protecting and promoting freedom of expression and civil society space, and ensuring that complaints received on alleged attacks against journalists, human rights defenders and civil society are investigated and prosecuted.
“The prime focus of the government is to ensure national security, and to uphold the rule of law and order in the country for all its citizens, with the aim of creating an environment where any citizen can live freely without any fear for the safety of themselves and their families,” she said, adding that in line with the policy framework, the government was committed to achieving the Sustainable Development Goals of the UN, with a determination to uplift the lives of all its citizens and ensure that there is no threat to peace, reconciliation or development in Sri Lanka
At the outset of her presentation, Mendis highlighted the COVID-19 pandemic that that challenged the entire world and impacted many aspects of governance in many countries. Noting that Sri Lanka was no exception, she expressed hope the Council would appreciate that the country while successfully containing the spread of COVID-19 through a balanced, multi-sectoral approach, and despite the challenge, held its commitment to the democratic processes, and conducted parliamentary elections successfully and peacefully.
She also noted that Sri Lanka had made it clear even as it withdrew from the co-sponsorship of Resolution 30/1, that it will remain committed to achieve reconciliation, accountability and human rights within the framework of the Constitution, through a domestically designed and executed process in line with the government’s policy framework. “Sri Lanka would like to state further that the new government which assumed office with the election of the new Parliament on August 5, remains committed to the assurances given before this Council in February this year,” she said.
-ENCL