High time for a collective struggle to end HR violations - IHR

Tuesday, 11 December 2012 

Intellectuals for Human Rights (IfHR) in its annual Human Rights (HR) report stresses that international pressure is looked-for to arrest seriously increasing HR violation in Sri Lanka. The report was released on December 10, International HR day, and the report is a review of human rights situation of the country over the period from December 10, 2011 to December 10 2012.

Presenting the report, the Secretary General of IfHR, Dr.AnuraKarunatilake, said “it is high time to unite stand-alone struggles and voices against the undemocratic acts of the government by political parties and civil society organizations. The role played by the media, ‘the fourth state’ is also seems to be, intentionally or unintentionally, supporting growing undemocratic moves of the government. IfHR strongly believes, this is the high-time for a strong and sincere international pressure and longer term combined effort from the local political parties and civil society groups to pressurize the government to reestablish democracy and improve HR situation throughout the country”.

IfHR organized the commemoration of the Human Rights day in Colombo yesterday and the theme of the seminar was “Deterioration of the supremacy of the law and the future of the country”. The keynote address was delivered by Srinath Perera PC.

Following are the excerpts from the report.

Observations and analysis of IfHR prove that the year under review is very significant in term of human right record of the country. Hence 2012 can be considered as one of the worst, in terms human rights violations within the sixty years of post independence history of the country. Internationally, the Sri Lankan government faced the most disgraceful situation as a result of serious allegations on human rights violations. Also the government experienced intense pressure from the international community including the United Nations. The international community demanded the accountability of the government for alleged HR violations especially in crimes against humanity during the final phase of the three-decade-long war against LTTE, which was ended in 2009.

The resolution was passed against Sri Lankan government at UN Human Right Council on the 22nd of March, was favored by 24 countries and 15 countries opposed it while 08 countries abstained. In November this year, in a report of UN internal review panel on recommendation of Secretary General’s panel of experts appointed to advise him on this Sri Lankan HR issue, admitted that UN system failed to meet its responsibilities during the final months of 2009 war in Sri Lanka and its aftermaths.Said report and its conclusions reveal the gravity of allegations on the HR violations leveled against the government. The Secretary-General in a statement stated that he will immediately appoint a senior-level team to render a careful consideration to the report’s recommendations and advise him on the way forward and asserted other actions will follow. Besides this international pressure, various local rights groups and political parties continuously demanded the justice for the victims of these HR violations. However, we, the IfHR, believe that the government’s response is extremely unsatisfactory and instead HR violations have reached to alarming level in many areas in the year under review as well.

According to our observations, abductions and killings, violation of independency of the judiciary, suppression of media freedom, continued suffering of the IDPS and the resettled people in the North and East and violation of their rights, militarization of North and East provinces in particular and exceptionally high presence and involvement of military in civil administration and other civil functions of the government, violation of rights of the prisoners and plight of the political prisoners including ex-LTTE carders, continuing anguish of women and children are serious concerns. The HR situation in the most of these sectors, seem to have worsened. IfHR believes that the government is directly or indirectly responsible for all most all HR violations we reveal here. Further the government continues to exercise the power of executive presidency and other forms of state power, the two third majority in the parliament that was secured by unethical means, for example, not only to cover up its HR violations and curtailing of the democratic freedom of people, but even to legitimize those violations.

This is an alarming trend. The country is ostensibly heading towards a totalitarian regime. The allegations that have been made are mainly against the executive president and his family members, those who hold most important and powerful positions in the government. IfHR believes that they cannot escape the allegations as they administer core elements of the government. Also, it seems that they tend to consolidate limitless extraordinary powers surpassing the law of the country. The two third majority in parliament seems to be using to pass or amend the laws for these purposes. Divineguma Bill, which the Supreme Court ruled sixteen clauses of it were against the constitution, is an ideal example in this context. In addition tax exemptions granted in the budget for sports utility vehicles can also be considered as a highly debated issue. Various government positions that should be held by Civil Service or Foreign Service officers including ministry secretaries and diplomats are now being gradually acquired by military officers, relatives or close friends of the regime. State powers and resources have been abused by the ruling party to hold and win elections unlawfully. It was clearly witnessed through the provincial council elections held in the East, North Central and Sabaragamuwaprovinces, September this year. The sovereignty of the people is no longer secured in the absence of free and fair elections, independence of administrative mechanisms especially in police, media and public services which are responsible to ensure free and fair elections.

A forceful acquisition of lands in the name of ‘development’ or beautification of cities is another form of HR violation during the period under review. Mainly it takes place in Colombo city limit to far away corners of the country such as Sampoor in the East. As a result inhabitants of these lands become refugees. Some of these acquired lands have been sold out or leased to local and foreign companies for various development projects. Land belong to National Parks have also been given to local and Multi-National Corporations for commercial agricultural projects violating the existing laws and completely neglecting the environment.

Despite the continuous increase of HR violation, IfHR belies that the political parties, civil groups and organisations and the media have seriously failed in their role to avert the violations and educate and mobilize the public against the prevailing pace of deterioration. Present contribution of these parties and actors is not adequate to counter the government’s march towards a totalitarian regime, in turn tens of thousands of people are suffering and the struggle for freedom and democracy is becoming even further difficult. The most recent cases such as killing of around 27 prisoners in Welikada prison located within country’s capital city demonstrates the brutality of the government and its preparedness to release the armed forces against humanity ignoring the law of the country and international laws. True story behind this brutal killing has now been revealed yet and IfHR believes that it is a bold violation of the UN convention on prisoners. However, still the political parties, civil society organizations as well as the international community have failed to question the accountability of the government in this issue. High time for a collective struggle to end HR violations - IHR