Following the clustered Interactive Dialogues with the Special Rapporteur on torture and Special Rapporteur on Human Rights Defenders, Senior Advisor to the cabinet of Ministers, Mr Mohan Pieris took the floor, informing the Council of constitutional and legislative measures against torture, effective in Sri Lanka and further pointed out the importance of knowing the difference between true Human Rights Defenders and those who masquerade behind the ‘cloak of human rights defender’ in their execution of collateral agendas.
Statement made by H.E Ambassador Tamara Kunanayakam,Sri Lankan Permanent Representative to the United Nations during the Interactive Dialogue with the High Commissioner on her Annual Report (Agenda Item 2)
Addressing the Human Rights Council under Agenda Item 2, H.E Ambassador Tamara Kunanayakam highlighted that a dangerous precedent was once again sought to be established by way of a debate on the recommendations of a domestic process. Referring to the High Commissioner of Human Rights’ reference to Sri Lanka, Ambassador Kunanayakam recalled that the LLRC Report reflected the emblemic parameters of rule of law strategies, which have been earnestly taken note of by the Government of Sri Lanka for implementation. Ambassador Kunanayakam further asserted that ‘What concerns us and our people is the insidious attempt to selectively target Sri Lanka that seeks to set at nought our post conflict resurgence.’
In a persuasive right of reply to the Statement made by U.S Under Secretary of State, Maria Otero, Sri Lanka’s Ambassador/Permanent Representative Tamara Kunanayakam warned the Human Rights Council that the hypocrisy and double standards displayed by the United States in its treatment of countries such as Sri Lanka would, if encouraged, gravely affect the credibility of the Council and undermine its legitimacy.
Minister Mahinda Samarasinghe reminds the Human Rights Council to ensure adherence to cardinal postulates of universality, objectivity and non-selectivity in the consideration of issues in the promotion and protection of human rights.
Hon Minister Mahinda Samarasinghe, addressed the United Nations Human Rights Council with a powerful message during the High-Level segment of the 19th Session, in Geneva. Minister Samarasinghe, the Special Envoy of the President on Human Rights and Leader of the Sri Lanka Delegation, outlined the effective developments taking place within Sri Lanka, and reiterated the Government’s commitment toward the reconciliation process. While emphasising the fact that ‘action initiated in the promotion and protection of human rights in a member State, must have the consent of that State and be based on the principles of cooperation and genuine dialogue’, he further went on to say, that today, there were good examples of instances where this cardinal principle had been violated, and ‘where even the application of a multiplication of special initiatives has nevertheless failed to establish peace’. He rightly pointed out that this had only contributed to exacerbating and at times externalising conflict situations.
Given below is the text of a communication issued today, by the Sri Lankan Permanent Representative to the United Nations, Ambassador Tamara Kunanayakam, which rejects a misleading and unethical communication sent out to Missions in Geneva by the Permanent Mission of the United States, and exposes manoeuvres to deceive the Human Rights Council.
Statement by the Democratic Socialist Republic of Sri Lanka:Special Session of the Human Rights Council, 02nd December 2011 Human Rights Situation in the Syrian Arab Republic
Delivered by: H.E. Tamara Kunanayakam, Amabassador/Permanent Representative of Sri Lanka to the United Nations and other International Organizations
Madam President,
Sri Lanka wishes to reiterate its position articulated at the 17th Special Session of the Council on the Human Rights Situation in the Syrian Arab Republic, that no action be initiated by the Council in contravention of the purposes and principles of the United Nations Charter and the Declaration of Principles of International Law Concerning Friendly Relations and Co-operation Among States in accordance with the Charter of the United Nations, adopted by the UN General Assembly resolution 2625 (XXV) of 24 October 1970.
Ambassador Tamara Kunanayakam affirms:” There is no single model of development valid for all peoples, at all times”
The right to development is a universal and inalienable human right, an integral part of our human heritage, which is as much a prerogative of States as it is of individuals.
Speaking at an event to commemorate the 25th Anniversary of the Declaration of the Right to Development organized by the Non-Aligned Movement, the Organisation of Islamic Countries and the Office of the High Commissioner of Human Rights, Ambassador Tamara Kunanayakam, as Chairperson/Rapporteur of the United Nations Working Group on the Right to Development, reminded the international community that the Declaration recognizes “the human person, both individually and collectively, as the central subject of development” and that “there is no single model of development valid for all peoples, at all times. The realization of the right of peoples and States to determine their own economic, political, social and cultural systems, without externally imposed conditionalities, is a prerequisite for the realization of all other human rights”.
47th Session of the UN Committee Against Torture Consideration of the Combined 3rd and 4th Periodic Reports on Sri Lanka Introductory Statement by the Leader of the Delegation of Sri Lanka
Mr. Mohan Pieris, President’s Counsel, Former Attorney General, Senior Legal Advisor to the Cabinet on Legal Affairs Geneva, 8th November, 2011
Mr. Chairman and Distinguished Members of the Committee,
My delegation and I are pleased to be associated with the examination of Sri Lanka’s combined 3rd and 4th periodic Report under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment covering a period which has presented the Government and people with unprecedented challenges. A thirty-year terrorist conflict compelled the State to assume, during all of those years, an expanded and formidable task of maintaining national security, law and order. In these challenging years, the State also pursued an ambitious national development Plan with an emphasis on economic and infrastructure development that sought to enhance the quality of life of its people. The pursuit of peace saw the Government engaging in negotiations with a terrorist movement acknowledged as the most ruthless in the world, which over time lost its credibility as one which had a sincere desire for peace. Finally, in May 2009, terrorism was defeated and the task of rebuilding a fractured nation commenced. Sri Lanka’s Report is presented highlighting the manner in which its obligations under the Convention were sought to be honored during this challenging period.
Statement Delivered by Ambassador H.E Tamara Kunanayakam, regarding the deferral of the Draft Resolution ‘Transparency in Funding and Staffing of the OHCHR’, during the final day of the 18th Session of the Human Rights Council.
Delivered by H. E. Ms. Tamara Kunanayakam, Ambassador/Permanent Representative to the United Nations
Mr. President,
The Delegation of Sri Lanka wishes to respond to the references made to Sri Lanka by certain delegations of the Western Group.
To those who question the credibility and independence of Sri Lanka’s Lessons Learnt and Reconciliation Commission, I wish to reiterate that we cannot accept such a priori judgements of our domestic mechanism even before it has had the chance to complete its work and make its findings public.
Statement by H.E. Tamara Kunanayakam,Ambassador/Permanent Representative of Sri Lanka During the General Debate under Item 2 at the 18th Session of the United Nations Human Rights Council 12 September 2011, Geneva
Madam President,
You must note, however unpalatable it may be to some, that terrorism has not been allowed to rear its ugly head since 2009, in Sri Lanka. We, like many other like-minded nations, are not willing to create nurseries for terrorists wherever they may be.
Statement by Hon Mahinda Samarasinghe, M.P,Minister of Plantation Industries and Special Envoy of H.E. the President of Sri Lanka on Human Rights and Head of Sri Lanka Delegation at the 18th Session of the United Nations Human Rights Council 12 September 2011,Geneva
Madam President,
It is my privilege to once again address this august body as head of the Sri Lanka delegation. We come here as always, Madam President, to share with the members of this Council and the other representatives of the community of nations, our experiences in overcoming the several challenges we face in the present era – an era that offers a fresh hope of a new Sri Lanka. The dawn of this new era coincided with the end of the armed conflict in 2009 just over 2 years ago. In that time, Sri Lanka, has made considerable – some may call it astounding – progress in addressing the many challenges that nearly 30 years of conflict poses to a nation, her Government and people.
“Pre-judgment of the Commission’s outcome is unacceptable and unwarranted”: Response by H.E. Tamara Kunanayakam, Ambassador/Permanent Representative of Sri Lanka to the UN in Geneva, to media queries on the Amnesty International Report on the LLRC
Claims by Amnesty International (AI) that they have analyzed the work of the Lessons Learnt and Reconciliation Commission (LLRC) is questionable when the final report of the LLRC is due only on 15 November 2011. It is recalled that AI in a demonstration of bad faith, refused an invitation from the LLRC in October 2010, to testify before the Commission. This would have provided an opportunity to AI to obtain first hand knowledge of the workings of the LLRC.
• Statement by Her Excellency Mrs. Kshenuka Senewiratne, Permanent Representative of Sri Lanka to the UN, Geneva, to the statement of the High Commissioner for Human Rights Navanethem Pillay on 30 May 2011
• Statement By Hon. Mohan Pieris, Attorney-General of Sri Lanka during the Interactive Dialogue on the Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, 31 May 2011
• Statement by Hon. Mahinda Samarasinghe, M.P., Minister of Plantation Industries, Special Envoy of His Excellency the President on human rights, and Head of Sri Lanka delegation at the 17th Session of the United Nations Human Rights Council, 30 May 2011
Mr President
Excellencies
Madam High Commissioner
Distinguished delegates
I wish to commend the constructive manner in which you, Mr President, have been conducting the work of the Human Rights Council. Our deliberations have been guided by you with sagacity and sensitivity, aimed at achieving the objectives of our agenda in a fair and equitable manner. You have the fullest cooperation and support of my delegation for the work of the Council.
Mr. President,
My delegation is perplexed to note the High Commissioner’s reference as stated, to the report of the Secretary General’s Panel of Experts on accountability in Sri Lanka. It is widely known that the said report was borne outside of an intergovernmental process. It is a report which was initiated solely by the UNSG to advise himself on the modalities, applicable international standards and comparative experience relevant to an accountability process in respect to the conflict in Sri Lanka. It is extremely unfortunate, Mr President, that the High Commissioner has thought fit to refer to it in her report to the 17th Session of the HRC, a document which was compiled by a Panel to advise the SG, that too at his own request, and well exceeding its mandate, thereby bringing into question her objectivity. In this context, the High Commissioner has resorted to drawing on recommendations culminating from a report of a non intergovernmental process, which also has no official status in the UN system. This Council would agree that at no point has it sought this so called information referred to by the High Commissioner.
Statement by H.E. Kshenuka Senewiratne, Permanent Representative of Sri Lanka to the UN, Geneva on the Statement of the High Commissioner for Human Rights Navanethem Pillay on 30 May 2011 
Mr. President,
My delegation is perplexed to note the High Commissioner’s reference as stated, to the report of the Secretary General’s Panel of Experts on accountability in Sri Lanka. It is widely known that the said report was borne outside of an intergovernmental process. It is a report which was initiated solely by the UNSG to advise himself on the modalities, applicable international standards and comparative experience relevant to an accountability process in respect to the conflict in Sri Lanka. It is extremely unfortunate, Mr President, that the High Commissioner has thought fit to refer to it in her report to the 17th Session of the HRC, a document which was compiled by a Panel to advise the SG, that too at his own request, and well exceeding its mandate, thereby bringing into question her objectivity. In this context, the High Commissioner has resorted to drawing on recommendations culminating from a report of a non intergovernmental process, which also has no official status in the UN system. This Council would agree that at no point has it sought this so called information referred to by the High Commissioner.
• Statement by Hon. Mahinda Samarasinghe, M.P., Minister of Plantation Industries, Special Envoy of His Excellency the President on human rights, and Head of Sri Lanka delegation at the 16th Session of the United Nations Human Rights Council, 28 February 2011
• Statement by Hon. Mohan Peiris, Attorney-General of Sri Lanka during the Interactive Dialogue on High Commissioner’s annual report - 16th Session of the Human Rights Council, 3 March 2011
• Statement by Hon. Mohan Peiris, Attorney-General of Sri Lanka during the general debate under Item 2 of the 15th Session of the UN Human Rights Council, 13 September 2010
• Statement by Hon. Mohan Peiris, Attorney-General of Sri Lanka exercising the Right of Reply during the general debate under Item 4 of the 15th Session of the UN Human Rights Council, 17 September 2010
• Statement of the delegation of Sri Lanka at the panel discussion on elimination of discrimination against women, Human Rights Council, 20 September 2010
• Statement made By Hon. Mohan Peiris, Attorney-General, during the General Debate on the annual report of the High Commissioner for Human Rights: 31 May 2010
• Right of Reply by Delegation of Sri Lanka under Item 2: Annual Report of the United Nations High Commissioner for Human Rights and reports of the office of the High Commissioner
• Statement of Sri Lanka at the general debate on the attack by Israeli security forces on the flotilla of Humanitarian aid to the Gaza:1 June 2010
· Statement by Hon. Mohan Peiris, Attorney-General of Sri Lanka during the Interactive Dialogue with the High Commissioner for Human Rights 4 March 2010
· Statement by H.E. Mrs. Kshenuka Seneviratne, Ambassador of Sri Lanka during the Interactive Dialogue with the Special Rapporteurs on Counter Terrorism and Torture - 8 March 2010
Minister of Disaster Management and Human Rights, Mahinda Samarasinghe, met with Navanetham Pillay, the United Nations High Commissioner for Human Rights, at the Palais Wilson in Geneva on Tuesday (09). The Minister, who was accompanied by Attorney General Mohan Peiris, PC, and Sri Lanka’s Permanent Representative to the UN at Geneva, Ambassador Kshenuka Senewiratne, briefed High Commissioner Pillay, on the progress achieved in developing a National Action Plan for the Promotion and Protection of Human Rights (NAP) in Sri Lanka. Noting that the NAP was the outcome of a pledge made in 2008 at the Universal Periodic Review (UPR) of Sri Lanka at the Human Rights Council, he outlined the process to date and also the next steps contemplated towards finalization of the first draft Action Plan.
As a part of the continuing efforts of the Government of Sri Lanka to provide clarifications on the alleged cases of disappearances submitted by the UN Working Group on Disappearances, the Ministry of Disaster Management and Human Rights has now provided an analysis of 47 possible cases of disappearances, which can be closed/clarified by the Working Group. The details of these cases have been forwarded to the UN Working Group by the Permanent Mission in Geneva.
Prior to their submission, the aforementioned 47 cases were compared with the findings of the following Commissions of Inquiry established by the Government of Sri Lanka and the Human Rights Commission of Sri Lanka to investigate the alleged cases of disappearances:
· Final Report of the Commission of Inquiry into Involuntary Removal and Disappearance of Certain Persons (All Island) March 2001
· Human Rights Taskforce Annual Report—10 August 1992 to 10 August 1993
· Human Rights Taskforce Annual Report—10 August 1993 to 10 August 1994
· Report of the Committee on Disappearances in the Jaffna Region of the Human Rights Commission of Sri Lanka, October 2003
Of the forty seven (47) cases clarified, there were:
· Four (4) cases where death certificates had been issued to the next of kin;
· Twenty four (24) cases where the person was found to have returned home as reported by the next of kin, and registered as returned by the 2001 Commission.
· Nineteen (19) cases where the persons were found in official custody having been arrested under the laws of Sri Lanka.
Permanent Mission of Sri Lanka to the UN
Geneva
16 December 2009
Speaking at the Human Rights Council in Geneva on Wednesday, 10th June, during the consideration of Russia’s Universal Periodic Review (UPR) report, Ambassador Dayan Jayatilleka made the following statement:
Sri Lanka welcomes the Deputy Minister of Justice of the Russian Federation and applauds his remarks here today. We also applaud the role played by the distinguished Ambassador of Russia, His Excellency Valery Loshchinin, in the Human Rights Council, in its institution/building package, in the UPR process and the Durban Review conference.
Ambassador Dayan Jayatilleka of Sri Lanka speaking at the consideration of the Universal Periodic Review (UPR) report of Cuba:
Mr. Vice President,
Cuba participated in the UPR process on a very important landmark anniversary in its history: 50 years after the victory of the Cuban revolution. Cuba’s participation in the UPR has been a model of dynamism and active engagement. Here, Sri Lanka would like to salute the role played by Ambassador Juan Antonio Fernandez Palacios, who has been a militant combatant and a field commander in the battle of ideas in the Human Rights Council.
Ambassador Gopinathan Achamkulangare of India, responding yesterday to the remarks on Sri Lanka included in the statement of the High Commissioner for Human Rights Ms. Navi Pillay said, "...it will be prudent to adhere to the outcome of the special session and be sensitive to the concerns expressed already, rather than take a position on contested proposals or controversial issues and ideas, which did not find eventual acceptance in the outcome of the special session."
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