Sri Lanka reiterates its supports the adoption of a Declaration which would demonstrate the commitment and efforts of the international community for the promotion and protection of the rights of peasants and other people working in rural areas.
Sri Lanka made this intervention at the First Informal Consultation of the Open-ended Working Group on the UN Declaration on the Rights of Peasants and Other People Working in Rural Areas at the Human Rights Council on 12 November 2014 in Geneva.
Following the News Release yesterday (7 November 2014) by the UN Office of the High Commissioner for Human Rights condemning disinformation designed to discredit the UN investigation on Sri Lanka, the Permanent Representative of Sri Lanka to the UN in Geneva has sent the attached communication to the UN High Commissioner for Human Rights in this regard.
Sri Lanka's Permanent Representative to the UN in Geneva Ravinatha Aryasinha, has said Sri Lanka which took over the chair of the Colombo Process (CP) one year ago was of the view that if it were to make a difference and ensure that some real benefits would accrue to the people of the member countries, it was important that they address the tough issues, including 'Ethical Labour Recruitment Practices'. He noted that in ongoing deliberations the CP is seeking to harmonize existing national regulatory frameworks, promote Standard Employment Contracts (including addressing issue of contract substitution and create a registration mechanism for contracts), consider common minimum wage levels, and conditions that promote health and well-being and insurance protection, and to develop a common position on ethical recruitment practices.
Ambassador Aryasinha made these observations and reviewed the progress made by the CP under Sri Lanka's leadership, when he addressed an Expert Consultation on Recruitment Practices and their Impact on Human Rights of Migrants, held at the Palais des Nations in Geneva on 31 October 2014. The consultation was convened by Mr. Francois Crepeau, Special Repporteur on the Human Rights of Migrants and was attended by diplomats, academics, representatives of the ILO and IOM, Recruitment specialists, as well as NGOs involved in the field.
Sri Lanka's Permanent Representative to the UN in Geneva Ravinatha Aryasinha, has said Sri Lanka which took over the chair of the Colombo Process (CP) one year ago was of the view that if it were to make a difference and ensure that some real benefits would accrue to the people of the member countries, it was important that they address the tough issues, including 'Ethical Labour Recruitment Practices'. He noted that in ongoing deliberations the CP is seeking to harmonize existing national regulatory frameworks, promote Standard Employment Contracts (including addressing issue of contract substitution and create a registration mechanism for contracts), consider common minimum wage levels, and conditions that promote health and well-being and insurance protection, and to develop a common position on ethical recruitment practices.
Ambassador Aryasinha made these observations and reviewed the progress made by the CP under Sri Lanka's leadership, when he addressed an Expert Consultation on Recruitment Practices and their Impact on Human Rights of Migrants, held at the Palais des Nations in Geneva on 31 October 2014. The consultation was convened by Mr. Francois Crepeau, Special Repporteur on the Human Rights of Migrants and was attended by diplomats, academics, representatives of the ILO and IOM, Recruitment specialists, as well as NGOs involved in the field.
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".
- Sri Lanka will not help legitimize a flawed process that could set dangerous precedent by cooperating with the OHCHR investigation
- Ambassador Aryasinha commends Sri Lanka – WIPO Action Plan as a useful model for Developing Countries
- Success in the process of drafting a Declaration on Right to Peace should be through consensus