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RW Govt. faces a major test on diplomacy as delegation tries to convince UNHRC members

17 Sep 2022

 
  • New resolution on Sri Lanka mirrors High Commissioner’s report
  • Powerful members in UNHRC express concerns over use of PTA
  • RW calls Power for a one-on-one meeting prior to scheduled meet
  • Ambassador Chung insists on being part of RW-Power discussion
  • Power notes importance of full-time finance minister, RW says later
  • RW hints at delaying LG Polls, notes referendum on electoral reforms
  • Election Commission insists LG Polls cannot be further delayed
  • SLPP faces legitimacy issues with splinter group claiming legitimacy
  • Basil appoints Namal as Acting National Organiser prior to departure
  • Namal takes a swipe at GR, says new alliance under MR to be formed
  Sri Lanka continues to be focal point of the international community and this time it is at the UN Human Rights Council (UNHRC), where Sri Lanka’s human rights issues as well as the newly-added issue of ‘economic crimes’ have posed many obstacles to the Ranil Wickremesinghe Government currently working on foreign funding and assistance to tide the country through an unprecedented economic crisis. Wickremesinghe’s visit to Japan at the end of next week and his visit to the Asian Development Bank (ADB) headquarters in the Philippines on his return trip to Sri Lanka are all aimed at strengthening relations with Sri Lanka’s key donors. Meanwhile, financial advisory group Lazard has commenced talks with three foreign creditors – India, China, and Japan – on Sri Lanka’s debt restructuring programme, which is key to securing the financial assistance from the International Monetary Fund (IMF). However, the stances of the key members of the UNHRC will undoubtedly have an impact on Sri Lanka’s economic recovery plans as well as pending assistance packages. One of the key concerns is the EU’s GSP Plus trade concessions enjoyed by Sri Lanka. The concerns expressed by the EU over Sri Lanka’s human rights issues as well as the failure to repeal the Prevention of Terrorism Act (PTA) that has been noted by the EU on several occasions is a definite cause for concern. The Government’s delegation – led by Foreign Minister Ali Sabry PC and Justice Minister Dr. Wijeyadasa Rajapakshe – is faced with difficulties in convincing members of the international community of the Government’s stance on the UNHRC resolution on Sri Lanka as well as the proposed new resolution to be adopted at the ongoing Council session, it is learnt. Minister Sabry, addressing the Council on opening day, stated that the Sri Lankan Government was endeavouring to establish a credible truth-seeking mechanism within the framework of the Constitution and that the contours of a model that would suit the particular conditions of Sri Lanka were under discussion.  He noted that the recommendations of the Presidential Commission of Inquiry for the Appraisal of the Findings of Previous Commissions and Committees on Human Rights and the Way Forward have resulted in progressive amendments to the Prevention of Terrorism (Temporary Provisions) Act as amended, and the release of detainees.  “We delivered on the onerous task of reviewing and reforming the PTA this year in order to further enhance human rights and we will replace the PTA with a more comprehensive national security legislation in accordance with international best practices. The recent delisting of groups and individuals will provide further impetus for constructive dialogue,” he noted. Sabry also pointed out that it had been observed that the report of the UN High Commissioner for Human Rights (HCHR) had made extensive reference to “economic crimes”.  “Apart from the ambiguity of the term, it is a matter of concern that such reference exceeds the mandate of the UN Office of the HCHR (OHCHR). In this context, we recall the paramount importance of adhering to UN General Assembly Resolutions 60/251 and 48/141. The proposed 22nd Amendment to the Constitution introduces several salient changes which would strengthen democratic governance and the independent oversight of key institutions and combat corruption, including through the Constitutional recognition of the United Nations Convention Against Corruption.  “The severe economic crisis emanating from factors both internal and external offer many lessons for all. 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 socioeconomic hardships faced by our people, and has initiated immediate multi-pronged measures to ensure their well-being through the provision of supplies essential to the life of the community,” he added.   The new resolution   Work on a new resolution on Sri Lanka, backed by the seven-member Core Group consisting of the US, the UK, Canada, Germany, Macedonia, Montenegro, and Malavi already commenced last week, mirroring the report on Sri Lanka presented by the High Commissioner for OHCHR. Acting High Commissioner for Human Rights Nada Nashif informed the UNHRC last week that the situation here was fragile and called for accountability. The report presented to the Council called on the Sri Lankan Government to embark on a national dialogue to advance human rights and reconciliation. The report also called on the Government to immediately end the reliance on draconian security laws and crackdowns on peaceful protest, reverse the drift towards militarisation and show renewed commitment to, and deliver on, security sector reform and ending impunity. It further stated that while the security forces had recently shown considerable restraint in response to mass protests, the Government had since taken a hard-line approach, arresting some student leaders under the PTA and violently suppressing peaceful protests. USAID Administrator Samantha Power (who was in Sri Lanka recently) referring to the UNHRC sessions in Geneva, said: “It has been a long time, the oversight mechanism, the jurisdiction of the UNHRC being established for Sri Lanka. I know that there is fatigue by some here [Sri Lanka] to see Sri Lanka be able to go its own way and for the UN role to recede, but I think it’s also very clear on the ground that as per the aspirations of those who survived a really difficult conflict over many years to seek justice and even to secure basic facts and truths or to obtain knowledge of missing persons, those processes where there have been multiple attempts to generate progress have not yielded the truths, facts, and justice that so many Sri Lankans crave.” Power added that the Core Group on Sri Lanka recognised that the mechanisms were most needed in Sri Lanka and there was technical support and expert assistance that the international community could bring to bear if necessary. She called for institutions such as the Human Rights Commission of Sri Lanka (HRCSL) and the Office on Missing Persons (OMP) to be strengthened and given the independence they needed to carry out their work. Meanwhile, the Tamil diaspora has said they would push for an international mechanism to investigate the alleged war crimes in Sri Lanka, ensuring accountability and serving justice to the aggrieved parties. According to the Global Tamil Forum (GTF), the investigation, gathering of evidence, accountability, and serving of justice for breaches of international human rights and humanitarian laws on war crimes and crimes against humanity must all be delivered through an international mechanism or court.   Zero draft   It is in such a backdrop that the first or the zero draft of the new resolution on Sri Lanka was presented on Monday (12) by Sri Lanka’s Core Group members. While there were new clauses added to the text of the new draft resolution, there were many with references to the OHCHR report on Sri Lanka. Following are the new clauses that have been included in the latest draft resolution: “PP6 – Recognising the severe economic crisis which deteriorated in Sri Lanka since late 2021 and the profound impact that this has had on the people of Sri Lanka.” “PP7 – Underscoring the importance of addressing underlying governance factors and root causes which have contributed to this crisis including deepening militarisation, lack of accountability in governance, and impunity for serious human rights violations and abuses. (NEW, based on OHCHR report A/HRC/51/5 Para 14) “PP8 – Recognising the recent efforts of the Government of Sri Lanka to address the ongoing economic crisis, and welcoming the Staff-Level Agreement reached between the Government of Sri Lanka and the International Monetary Fund.” “PP9 – Recognising that the promotion and protection of human rights and the prevention of and fight against corruption are mutually reinforcing, that corruption can have a serious negative impact on the enjoyment of human rights, and that the poor and those in marginalised and vulnerable situations, including women and girls, are at particular risk of suffering from the adverse impact of corruption on the enjoyment of human rights. (NEW, based on HRC resolutions 47/7 pp9, pp10 and 23/9 OP2) “PP10 – Emphasising that peaceful protests can make a positive contribution to the development, strengthening and effectiveness of democratic systems and to democratic processes, including elections and referendums, as well as to the rule of law and acknowledging that participation in peaceful protests can be an important form of exercising the rights to freedoms of peaceful assembly, of expression, and of association and to participation in the conduct of public affairs. (NEW, based on HRC res 50/12 PPs13 and 14) “PP11 – Stressing the importance of the full respect for the freedom to seek, receive and impart information, including the fundamental importance of access to information, and for democratic participation, transparency and accountability, and of combating corruption. (NEW from HRC 44/12 PP18) “PP12 – Noting the declaration of four States of Emergency in Sri Lanka since August 2021 and recalling that, in accordance with Article 4 of the International Covenant on Civil and Political Rights, certain rights are recognised in the Covenant as non-derogable in any circumstances and that any measures derogating from other provisions of the Covenant must be in accordance with that article in all cases, and underlining the exceptional and temporary nature of any such derogations as stated in General Comment No. 29 on States of Emergency adopted by the Human Rights Committee on 24 July 2001. (NEW, wording based on GA Res 64/163 PP9) “PP13 – Acknowledging the Government’s commitment to constitutional reforms while stressing the importance of the independence of key commissions and institutions including the Human Rights Commission of Sri Lanka, the Election Commission, the National Police Commission, the Commission to Investigate Allegations of Bribery or Corruption and the Judiciary.” “PP19 – Recalling Sri Lanka’s co-sponsorship of Human Rights Council resolution 30/1 of October 2015 which laid out the commitment of the Government of Sri Lanka to undertake a comprehensive approach to dealing with the past, incorporating the full range of judicial and non-judicial measures based in part on broad national consultations with the inclusion of victims and civil society from all affected communities.” “3. Expresses concern at the human rights impacts of the economic crisis, including as result of increased food insecurity, severe shortages in fuel, shortages in essential medicines and reductions in household incomes, while stressing the need to promote and protect the rights of the most marginalised and disadvantaged individuals, including daily wage earners, children, older persons, and persons with disabilities;” “4. Also expresses concern over other human rights developments since April 2022 including violence against and arrests of peaceful protesters, as well as violence against Government supporters, resulting in deaths, injuries, destruction and damage to houses of members of Parliament and stresses the importance of independent investigations into all attacks and for those found responsible to be held to account;” “5. Remains concerned at continued militarisation of civilian Government functions; the erosion of the independence of the Judiciary and key institutions responsible for the promotion and protection of human rights; lack of progress in addressing longstanding grievances and demands of Tamil and Muslim populations; surveillance, intimidation and harassment of journalists, human rights defenders, families of the disappeared and persons involved in memorialisation initiatives, and sexual and gender-based violence;” “7. Notes the persistent lack of independence, impartiality, and transparency of domestic mechanisms, and that emblematic human rights cases have been undermined through delays and the granting of Presidential pardon to those accused or convicted of crimes relating to grave violations of human rights;” “11. Calls upon the Government of Sri Lanka to address the ongoing economic crisis and help ensure it does not happen again, including by investigating and, where warranted, prosecuting corruption, including by public and former public officials, and stands ready to assist and support independent, impartial, and transparent efforts in this regard;”   Focus on PTA   A group of key members of the UNHRC – the US, the UK and the EU – have already expressed concerns over Sri Lanka’s human rights situation with special focus on the controversial PTA and the issues of accountability on protest-related violence as well as the use of unwarranted force against peaceful protesters. The US, the UK, and the EU have called on the Sri Lankan Government to reform the PTA in order to align with international human rights obligations and commitments. US Ambassador to the UNHRC Michèle Taylor, speaking on behalf of the US at the UNHRC, said: “It is essential that the Prevention of Terrorism Act align with international human rights obligations and commitments, to protect fair trial guarantees and other applicable legal protections. “As a key step toward improved human rights, it is also important to address longstanding impunity and corruption in Sri Lanka. We will continue to support justice, accountability, and reconciliation in Sri Lanka.” She also noted: “We urge respect for human rights and fundamental freedoms, including rights to peaceful assembly and expression. We call for accountability for protest-related violence in line with rule of law and equal access to justice.” The UK delegation, addressing the UNHRC, said: “We are dismayed that in response, violence was used against protesters. We are deeply concerned about the arrest and ongoing detention of protesters under the Prevention of Terrorism Act and continue to call for reform of the Act.” “We regret the limited progress made on accountability and justice as requested in HRC Resolution 46/1. The domestic reconciliation and accountability process promised in 2020 has not emerged. For these reasons, OHCHR’s work collecting and preserving evidence must continue,” the delegation added. The EU meanwhile condemned the unwarranted use of force against peaceful demonstrators and called upon Sri Lanka to suspend the PTA until it is in full compliance with international human rights law and standards and calls for accountability and immediate acts to end impunity. “The EU recognises the challenges Sri Lanka is facing following months of protest and the recent change of government, while underlining the need of upholding all human rights and fundamental freedoms, especially freedom of opinion and expression of all persons in Sri Lanka, including persons and groups in vulnerable and marginalised situations. We also underline the need for effective and equal fulfilment of economic, social and cultural rights of all.”   The one-on-one   USAID Chief Power during her brief visit to Sri Lanka met with President Wickremesinghe, Opposition legislators, farmers, civil and business communities and the PTA was also a focal point in her discussions. Wickremesinghe and Power had a one-on-one meeting as well. When Power and her delegation arrived at the President’s Office, the President’s staff had requested Power if she was first willing to meet Wickremesinghe for a one-on-one meeting prior to the official meeting. Power had expressed her willingness. However, US Ambassador to Sri Lanka Julie Chung had not been too pleased and asked if the official meeting was to take place. Upon being informed that the official meeting would be after the meeting between the President and Power, the USAID Chief had met the President. However, Ambassador Chung had been quite displeased and insisted that she be allowed to sit in at the meeting between the President and Power. The officials at the President’s Office had said they were unable to let her in without permission. When Chung had expressed her displeasure, the officials had said they would have to first get the President’s permission to let her sit in at the meeting. Finally, the President had given permission for Chung to do so. Before Chung was permitted to attend the meeting, Power had inquired from the President if it was okay with him or whether he (Wickremesinghe) preferred a private meeting. Wickremesinghe had however said he was not opposed to Chung sitting in on the meeting. However, Wickremesinghe and Chung do not share the best relationship, with the former being informed of communication between the US Ambassador and the US State Department that had resulted in the US not sending out an official congratulatory note to the President on his assumption of office.   Reforms talk   During the meeting between the President and Power, issues ranging from political and economic reforms were taken up for discussion. Power had also noted that it would be beneficial for Sri Lanka to have a full-time Minister for Finance given the aggressive work required in that aspect. The Finance portfolio is held by President Wickremesinghe, while he recently appointed two state ministers to the same Finance portfolio. Responding to Power, Wickremesinghe had explained that there are two state ministers of finance at present and that they would be in charge of the work at the Finance Ministry. Wickremesinghe had further noted that given the current economic crisis and recovery path, the portfolio could not be vested with just any individual and that he was hopeful of assigning it to Opposition legislator Dr. Harsha de Silva, but that he had decided not to join the Government. Therefore, the President had said he would hold the portfolio until the initial issues were resolved and would appoint another to the post afterwards. Power had understood the President’s point and agreed that the Finance portfolio needed to be properly managed. Power had then noted the importance of the reforms process for Sri Lanka. President Wickremesinghe had then explained in detail the planned reforms on political, electoral, and civil rights platforms. The President had also noted that the Government was moving forward with the political reforms process with the push for a constitutional amendment and also legislation to decriminalise homosexuality and granting freedom from gender discrimination. “I stressed to the Sri Lankan President during my meeting with him earlier today that political reforms and accountability must go hand-in-hand with economic reforms and economic accountability. Sri Lanka’s vibrant civil society must have the space needed to raise their voices and hold the Government accountable. This is not in tension with economic stability. It is the means by which the Government obtains insights into what is working and not working at grassroots level. International investor confidence will increase when the Government tackles corruption and proceeds with long-sought governance reforms,” Power told the media at the conclusion of her visit. Power also met a group of Opposition party leaders at Waters Edge – Sajith Premadasa, Mano Ganesan, Rauff Hakeem, M.A. Sumanthiran PC, Dayasiri Jayasekara, Rishad Bathiudeen, and Dr. Harini Amarasuriya.  The discussion centred on the current political and economic crisis in Sri Lanka and Opposition opinion on ways and means to overcome. One of the main points highlighted was the Government’s crackdown on dissent, with the recent spate of arrests of key figures of the Aragalaya people’s protest. Power had informed them that she had raised these issues with the President during her meeting with him earlier that day.    SLPP conundrum   Meanwhile, on the local political front, the Sri Lanka Podujana Peramuna (SLPP) is facing a conundrum over the party’s legitimacy, with a breakaway group of the SLPP led by MPs Prof. G.L. Peiris and Dullas Alahapperuma claiming that they were the real SLPPers who stood by the founding principles of the party. On the other side is the Rajapaksa faction, which is spearheaded by SLPP National Organiser Basil Rajapaksa and currently led by MP Namal Rajapaksa, taking the lead in Basil’s absence. The GL-Dullas faction is currently engaging in politics under the ‘Nidahasa’ (Freedom) platform. During a recent visit by the Nidahasa members to Kandy, Peiris and Alahapperuma claimed the legitimate ownership of the SLPP. Addressing a gathering, Alahapperuma stated that the 6.9 million voters of the SLPP had been subjected to a ‘mass rape’. “To get this 6.9 million mandate, there was a great ‘billa’ (devil) shown by some and this devil was Ranil Wickremesinghe. Therefore, it is not only the economy but also the public mandate has been subjected to a mass rape,” he claimed. Peiris, also addressing the same forum in Kandy, claimed: “These people who claim to be the Pohottu party (SLPP) are acting against the party policies. They earlier said the UNP policies did not suit the country and there was a need for alternatives. Those who made such claims have now become the tail of the UNP and are arguing that they are still the Pohottuwa. This argument is not a reasonable one.” Namal, who is currently performing the role of Acting National Organiser of the SLPP in Basil Rajapaksa’s absence, meanwhile has claimed that the SLPP will form a new alliance under the leadership of SLPP Leader, former Prime Minister Mahinda Rajapaksa (MR). He (Namal) says that the SLPP has already commenced discussions with other political parties and movements to set up this new alliance. Namal is also engaged in an aggressive campaign in his constituency, Hambantota District, by engaging in meetings covering all electorates. During one such meeting, Namal took a hard stance on the much-demanded ‘system changes’. He hailed President Wickremesinghe for enforcing the law and curtailing the destruction during the people’s protests, which he claimed the former President did not do. He then went on to say: “There needs to be a proper system change. There’s no point in a politician staying in a private residence without using the official residence if the people in the country are homeless. There’s no point in the leaders spending their personal funds for foreign travel if the people in the country are living in debt.”  These words seem to take a swipe at his uncle, former President Gotabaya Rajapaksa, as well. Prior to Basil’s departure to the US, he had convened a meeting with the SLPP activists and informed them that Namal would carry out the party work in his absence and to extend their support to him.   Focus on LG Polls   Amidst the ongoing political upheavals and the moves to reform the key political parties, talk was rife on the impending Local Government Polls of March 2023. Although the Local Government Elections are scheduled to be held in 2023 after being postponed by a year, many parties have expressed preparedness to face the polls, while members of the SLPP have expressed concerns over the possibility of carrying out an effective campaign for the polls due next year. During a series of recent meetings of SLPP district leaders and electoral organisers in the districts, a majority of the SLPP organisers had noted that they were not prepared to face an election by March 2023. They had explained that most of them were still unable to engage in active politics in their electorates due to the mass people’s protest against the former SLPP Government led by GR and the eventual ouster of the party’s President, Prime Minister, and other key ministers. However, SLPP National Organiser, former Finance Minister Basil Rajapaksa had informed all SLPP organisers that there was no possibility to postpone the Local Government Elections any further since it has already been postponed by a year. “It is difficult to legally postpone the Local Government Elections any further than the time they have already been postponed,” Basil had said. Basil had then urged the SLPPers to return to their electorates and start engaging with the people despite objections. “Go back to the electorates and go to the field. There will be objections at first and some people will even blame the party for the current crisis. Listen to them and continue to engage with the people. The objections will reduce in time and that will help us carry out our election campaign.”  Basil’s view was that the earlier the SLPP organisers began engagements with their constituencies, the sooner they would be able to move forward just in time to launch the SLPP’s Local Government Election campaign. Namal is now engaged in visiting electorates and driving the SLPP organisers to engage at the grassroots levels.   No polls?   Nevertheless, the Government, or certain sections of it at least, are looking at postponing the Local Government Elections further. It is learnt that the Government is looking at other legal measures that could be taken to postpone the impending Local Government Elections. Prime Minister Gunawardena recently gave a hint of the possibility of further delaying Local Government Elections during a visit to Kirivehera in Kataragama, stating that the Government was looking at introducing a constitutional amendment that would establish a mixed electoral system for the Local Government bodies while also vesting more powers with them. This was further witnessed recently during a meeting between President Wickremesinghe, former Prime Minister Mahinda Rajapaksa, and State Ministers Lohan Ratwatte and Sanath Nishantha, when the discussion had turned towards preparing for Local Government Polls. The President had said at this point that the Aragalaya protesters had demanded to be involved in the governance process and the Government therefore is focused on setting up Jana Sabhas to enable members of the public to also be involved in the process. “The legal framework for this is currently being prepared and it will be made public soon,” Wickremesinghe had said. Wickremesinghe has meanwhile stated that the Government is focused on moving forward with the electoral reforms, calling on all political parties to agree and finalise the proposed reforms within the next six months. “I’m going to call the Parliament to say once and for all that they must agree on electoral reform. This has been going on. The parties are arguing among themselves. I give them six months. If they don’t, I’ll have a referendum and ask the country which system they want,” he said. Therefore, it is now clear that the Local Government Polls anticipated for early 2023 might not happen, given the Government’s push for electoral reforms. However, members of the Election Commission last week during a media briefing noted that there was no possibility of delaying the impending Local Government Polls any further and that the elections would have to be held early next year.  

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