Sri Lanka's Human Rights Minister
Mahinda Samarasinghe writes to
High Commissioner Louise Arbour protesting her media statement
The Permanent Mission of
Sri Lanka to the United Nations Office at Geneva
30th November 2007
The Sri Lankan Human Rights Minister Mahinda Samarasinghe has written
to the United Nations High Commissioner for Human Rights Louise Arbour
protesting her recent statement on Sri Lanka to the BBC. His letter
which seeks to clarify the position of the Government of Sri Lanka is
contained below.
www.lankamission.org ©
Minister of Disaster Management and Human Rights
27 November 2007
H.E. Ms. Louise Arbour
United Nations High Commissioner for Human Rights
Dear High Commissioner Arbour,
I refer to your statement reportedly made to a BBC journalist which
was carried on the BBCSinhala.com website on 21 November 2007 under
the headline "Sri Lanka 'lacks credible HR voice'".
I was puzzled at your comments in the article, particularly at the present
juncture, when we are attempting to discuss and forge a consensus on
an "appropriate arrangement" for Sri Lanka, as suggested by
you in your letter of 24 October following your visit to this country.
You will recall that in my reply to you dated 5 November, I reiterated
the Government's position in relation to the opening of an OHCHR "Office"
in Sri Lanka. This is the consistent view of the Government which was
first expressed by me at our meetings and repeated at the joint press
briefing on 13 October. Your reported call for the establishment of
an office therefore appears to be a significant departure from what
was discussed during your visit based on the Government's position on
the issue. It is all the more surprising, therefore, to see you quoted
to the effect that you publicly requested the Sri Lankan Government
to consider allowing your own office to have a presence in Sri Lanka.
We are unaware of any occasion when you made a public request addressed
to the Government for the establishment of an "Office" either
before or during your visit to Sri Lanka.
Your comments relating to the Human Rights Commission of Sri Lanka,
specifically, the appointment of the Commissioners by His Excellency
the President also requires further clarification. Your reported statement
that the Commission was extra-constitutionally established and "directly
appointed by the President" fails to place the act in its appropriate
context. As you are aware, the President was faced with no alternative
but to appoint the Commissioners due to the inability of the Constitutional
Council to be validly constituted. The action on the part of the President
to remedy the lack of a functioning Constitutional Council, has been
endorsed by the Court of Appeal as being within his constitutional authority.
The incapacity of the Constitutional Council to function was not attributable
to the Government but was due to a lack of consensus amongst numerically
smaller parties in Parliament and a lacuna in the 17th Amendment to
the Constitution.
The Government is taking definite steps to redress these shortcomings
through a Parliamentary Select Committee. You may recall that I personally
briefed you on these initiatives. Moreover, I have set in motion an
exercise to strengthen the mandate and powers of the Human Rights Commission
which is an effort that will complement and buttress the outcome of
the work of the Select Committee on the 17th Amendment.
You are also quoted as saying that the Human Rights Commission of Sri
Lanka's international accreditation is under review. As principal UN
spokesperson on human rights issues, we are concerned that your observations
on the capacity, legitimacy and efficacy of the Human Rights Commission
may possibly have an effect on the objectivity of the review process
undertaken by the Commission together with the independent International
Coordinating Committee. Furthermore, your comment on the perceived lack
of vitality of the Commission further supports the Government's initiative
to strengthen the institution as a matter of priority. This is a pressing
need, especially since the Commission is a body established under an
Act of Parliament and should be sustained in order to fulfill its vital
statutory mandate. We trust that you will endorse and assist in realizing
the Government's aims in this regard.
I am grateful for the opportunity to meet with you in Geneva shortly
and to discuss our concerns and prospects for future cooperation between
Sri Lanka and your Office.
Yours sincerely,
Mahinda Samarasinghe MP
Minister of Disaster Management and Human Rights
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