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Government seeking all-party consensus for 21A

13 Jun 2022

  • GL says 21A to consolidate democratic values
  • Briefs 50th UNHRC session on local developments
At the 50th session of the United Nations Human Rights Council (UNHRC) session in Geneva, Switzerland, Foreign Affairs Minister Prof. G.L. Peiris said that the Government of Sri Lanka is actively looking to ensure an all party consensus for the proposed 21st Amendment to the Constitution.  “We are actively engaged in evolving an all party consensus regarding the need for the 21st Amendment to the Constitution, in order to consolidate seminal democratic values enshrined in Parliament and independent institutions and salutatory checks and balances on the powers of the Executive. We need to ensure collectively that these reforms take place within a democratic Constitutional framework and in keeping with the due process. The process of change must not destroy the very democratic institutions that are sought to be strengthened,” Prof. Peiris said during his address.  Noting that the recent wave of protests in Sri Lanka have called for economic relief and institutional reform, Prof. Peiris said that “far reaching” political changes are already taking place with the appointment of a new Prime Minister (United National Party [UNP] Leader Ranil Wickremesinghe) and the appointment of a new multi-party Cabinet of Ministers (with members of the Sri Lanka Podujana Peramuna, Sri Lanka Freedom Party, the UNP, and the Samagi Jana Balawegaya).  “We have consistently emphasised that dissent needs to be peaceful and be expressed within the democratic space. During the recent disturbances, a limited curfew and emergency regulations were imposed for the sole purpose of maintaining law and public order and allowing the unimpeded distribution of essential supplies.  “At the insistence of the Attorney General (AG) and under direct judicial supervision, full-fledged investigations are proceeding with regard to the incidents of 9 May and their aftermath. We also condemn unreservedly the deaths of several persons including a Member of Parliament and extensive damage to property throughout the country. The Human Rights Commission of Sri Lanka has initiated independent investigations and inquiries into these incidents,” he said.  Furthermore, he commented on wide ranging human rights issues related to Sri Lanka.  “Since the previous meeting, soon after my pledge to the UNHRC that the Prevention of Terrorism (Temporary Provisions) Act (PTA) will be amended, I presented legislation to the Parliament to amend the PTA, and this was enacted. The cumulative effect of these Amendments will make a substantial improvement of, and a profound impact upon, the existing law, and will further the cause of human rights and human freedoms in Sri Lanka.  “In this regard, Inspector General of Police (IGP) Chandana D. Wickramaratne has issued instructions whereby there is a de facto moratorium on arrests being made under the PTA. Law enforcement officials have been instructed by the IGP to follow due process in the conduct of investigations under the PTA and to use the PTA only in instances of extreme necessity.”  Therefore, he noted,.from March 2022, to June 2022, 22 individuals detained under the PTA have been released.  He further said that the list of designated individuals, groups and entities under the UN Regulation Number One of 2012 is being reviewed, with 318 individuals and four entities proposed to be delisted. The UN Regulation No. 01 of 2012 promulgates the UN Security Council Resolution 1373 (2001), designating individuals and entities related to terrorism and terrorism financing at the national level. “The Office for National Unity and Reconciliation (ONUR) continued with its mandate in promoting reconciliation. The Office on Missing Persons (OMP) has met more than 83% of persons invited for panels of inquiries as part of its verification process. The Office for Reparations was allocated Rs. 53 million in addition to its initial allocation of Rs. 759 million to pay compensation for the year, despite the current economic constraints.” He added that more than 92% of private lands occupied by the military at the end of the conflict have been released to the legitimate owners and that steps are being taken to resettle the last remaining 8,090 internally displaced persons (IDPs).  “Regarding the Easter Sunday attacks, the AG has sent out several indictments to High Courts and the trials in this regard are proceeding. Sri Lanka remains open to engaging with the diaspora community and with civil society organisations committed to the well-being of our country,” he said.  In March, 2021, the UNHRC recognised that it is vital to preserve and analyse evidence of alleged human rights violations in Sri Lanka to promote accountability. This was done through Resolution 46/1 which garnered 22 votes in favour of it and 11 votes against it. The Core Group on Sri Lanka at the UNHRC (Canada, Germany, North Macedonia, Malawi, Montenegro and the United Kingdom) tabled the said Resolution.  In her written update earlier this year, the UN High Commissioner for Human Rights (HCHR), Michelle Bachelet called upon the UNHRC and its Member States to cooperate with the Office of the UNHCHR in its discharge of accountability related work under Resolution 46/1 and to provide it with the adequate human and financial resources in order to enable it to effectively deliver the full mandate given under the Resolution. Bachelet is due to give a comprehensive report with options about furthering accountability in September, 2022.  Commenting in this regard, Prof. Peiris reiterated that this mechanism will only serve to polarise and divide, and will be an unproductive and unhelpful drain on the resources of this Council and its Members.

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