Prez rescinds a two-thirds majority for reimposition of Emergency

HR action plan 

By Shamindra Ferdinando-January 20, 2017, 9:31 pm

President Maithripala Sirisena has directed that proposed National Action Plan for the Promotion and Protection of Human Rights (NHRAP) shouldn’t in any way be an obstacle to imposition of Emergency Regulations.

President Sirisena, who is also the Commander-in-Chief of the armed forces had instructed that a controversial clause pertaining to the declaration of Emergency be removed forthwith.

Skills Development and Vocational Training Minister Mahinda Samarasinghe called the NHRAP as the second such report since Sri Lanka’s victory over the LTTE. Samarasinghe handled the first report that dealt with 2013 to 2016 period.

Samarasinghe has revealed the intervention made by President Sirisena recently at a meeting attended by members of the UNP-SLFP coalition cabinet.

Addressing the media at SLFP office at the T.B. Jayah Mawatha on Thursday, Minister Samarasinghe quoted President Sirisena as having said that the parliament should retain the right to impose Emergency Regulations with a simple majority. President Sirisena has pointed out that the proposal to subject Emergency regulations to a two-thirds majority in parliament could cause unnecessary problems, hence the decision to abolish that particular clause.

The meeting was told that it would be extremely difficult for a political party represented in parliament or a coalition of political parties to secure a two-thirds majority.

Minister Samarasinghe said that Premier Wickremesinghe and other members of the Cabinet accepted President Sirisena’s stand.

Sri Lanka had been under Emergency rule since the JRJ presidency during the war.

Minister Samarasinghe said the NHRAP had been prepared by the Foreign Ministry in consultation with all relevant ministries and was cleared by President Sirisena and the cabinet of ministers following three amendments. In addition to abolition of the clause pertaining to imposition of Emergency regulations, the government removed what Minister Samarasinghe called a non-discriminatory section as well as a clause that dealt with economic and social rights.

Minister Samarasinghe said that some members of the cabinet felt that the non-discriminatory clause could be exploited though there hadn’t been any reference to homosexuality therein. President Sirisena has directed the clause to be removed. The section relating to economic and social rights had to be amended as it was certainly viable in respect of provision of housing and land to all. Minister Samarasinghe said that the government proposed tangible measures over a period of time till 2013 to achieve objectives.

Samarasinghe stressed that the proposed plan would be beneficial to Sri Lankans. The SLFPer denied the notion that the move was meant to appease the international community.

Minister Samarasinghe told The Island yesterday that the NHRAP would be ready before the next sessions of the Geneva-based Human Rights Council in March, 2017.

Minister Samarasinghe explained Sri Lanka’s efforts at Geneva to address accountability issues since the conclusion of the conflict in May 2009. Responding to a query at Thursday’s briefing, Minister Samarasinghe pointed out that the country had to pay a heavy price for the failure on the part of the previous administration to address accountability issues. The previous government lacked political will to meet international obligations.

Minister alleged that those who had been at the top of the decision making process in spite of being told of the situation simply failed to take any tangible action to correct the situation.

Sri Lanka had GSP and the GSP plus was received in the aftermath of Dec 2004 tsunami, he noted.