In a letter dated December 5th, Sri Lanka’s Minister for Disaster Management and Human Rights Hon. Mahinda Samarasinghe has re-stated Sri Lanka’s rejection of UN Human Rights High Commissioner Louise Arbour’s call for a fully fledged OHCHR presence in the country and reiterated the alternative proposal of the Government.
Mahinda Samarasinghe MP, Minister of Disaster Management and Human Rights
Full text of the Letter:
05 December 2007
H.E. Madame Louise Arbour
United Nations High Commissioner for Human Rights
Dear High Commissioner Arbour,
I acknowledge receipt of your letter dated 30 November in response to my letters of 5 and 27 November 2007. It was a pleasure to meet you on 29 November in Geneva and to discuss matters pertaining to the work of the OHCHR representative in Sri Lanka in supporting the Government’s efforts to address issues relating to the protection of human rights.
United Nations High Commissioner for Human Rights Louise Arbour (R) speaks as Sri Lankan Human Rights Minister Mahinda Samarasinghe listens during a news conference in Colombo October 13, 2007
I am pleased that we share common ground on the need for independent, credible and reliable reporting on human rights in Sri Lanka. The only outstanding issue is: which agency or entity should curry out that exercise » the OHCHR or national entities/structures. As you noted in your statement of I3 October 2007 on the conclusion of your visit to Sri Lanka, "Sri Lanka has many of the elements needed for a strong national protection system." You also pointed out some deficiencies in national structures which we have identified and are in the process of addressing. Sri Lanka has, as you are aware, voluntarily submitted itself to multiple monitoring and reporting mechanisms which among others include treaty bodies of all core human rights conventions, special procedures and mechanisms of the former Commission on Human Rights and the Human Rights Council, Secretary-General of the UN, and visits by high-level UN officials involved in Human Rights and Humanitarian Affairs.
In our view, national mechanisms to promote and protect the human rights of Sri Lanka’s citizens in the long—term will be best served by creating a "strong national protection system" that will be sustainable and robust. The request made by the Government to your office, therefore, to help build capacities of national institutions, had, as its objective, the creation of such a system. We would accordingly welcome action on your part to strengthen the Senior Human Rights Advisor’s (SHRA) advisory capacity to enable SHRA to advise and assist the national reporting structures to ensure credible, reliable and objective reporting that you have stressed as essential. Such an initiative, in our view, will ensure that national capacities are sustainable and overall national human rights protection will be strengthened in the long-nm with independent, reliable and credible reporting mechanisms. We do not believe that your representative’s independence will be adversely affected through close cooperation and collaboration with national mechanisms.
I have reiterated the consolidated position of the Government in relation to the establishment of an Office of the High Commissioner for Human Rights on several occasions commencing with my statement on 13 October and in the written communications thereafter. May I restate that the Government of Sri Lanka does not perceive the necessity for a "fully-fledged presence of OHCHR in the country" at present and we hope that our consistently expressed position will be respected.
The other matters you refer to in relation to the Human Rights Commission are being looked into by the Government and we share your belief that a vibrant and independent national human rights institution is a sine qua mm for Sri Lanka.
As we demonstrated during your visit, we are open and willing to provide access to all areas that can be visited securely by distinguished visitors such as yourself In this spirit we also facilitated free and confidential exchanges between your team and citizens/civil society groups in Colombo and Jaffna. I believe this same character of transparency, candour and cooperation should imbue the future relationship between OHCHR and the Government.
I am gratified that you express your willingness to continue working with Sri Lanka’s Permanent Representative in attempting to reach a consensus on the most "appropriate structure". I also appreciate that you will support the status quo with regard to your Office’s present presence in Sri Lanka as I believe we can continue working with your SHRA to achieve common goals in relation to human rights protection.
In the event that you brief the Human Rights Council on Sri Lanka pursuant to your visit, as you have mentioned in your letter, we expect that you will also inform the Council of the position of the Government of Sri Lanka as expressed in this letter.
I look forward to meeting you again in the near future to discuss progress achieved in the dialogue between Sri Lanka and your Office.
Permit me, Excellency, to extend to you the assurance of my highest consideration.
Mahinda Samarasinghe MP
Minister of Disaster Management and Human Rights
Mahinda Samarasinghe MP, Minister of Disaster Management and Human Rights
Full text of the Letter:
05 December 2007
H.E. Madame Louise Arbour
United Nations High Commissioner for Human Rights
Dear High Commissioner Arbour,
I acknowledge receipt of your letter dated 30 November in response to my letters of 5 and 27 November 2007. It was a pleasure to meet you on 29 November in Geneva and to discuss matters pertaining to the work of the OHCHR representative in Sri Lanka in supporting the Government’s efforts to address issues relating to the protection of human rights.
United Nations High Commissioner for Human Rights Louise Arbour (R) speaks as Sri Lankan Human Rights Minister Mahinda Samarasinghe listens during a news conference in Colombo October 13, 2007
I am pleased that we share common ground on the need for independent, credible and reliable reporting on human rights in Sri Lanka. The only outstanding issue is: which agency or entity should curry out that exercise » the OHCHR or national entities/structures. As you noted in your statement of I3 October 2007 on the conclusion of your visit to Sri Lanka, "Sri Lanka has many of the elements needed for a strong national protection system." You also pointed out some deficiencies in national structures which we have identified and are in the process of addressing. Sri Lanka has, as you are aware, voluntarily submitted itself to multiple monitoring and reporting mechanisms which among others include treaty bodies of all core human rights conventions, special procedures and mechanisms of the former Commission on Human Rights and the Human Rights Council, Secretary-General of the UN, and visits by high-level UN officials involved in Human Rights and Humanitarian Affairs.
In our view, national mechanisms to promote and protect the human rights of Sri Lanka’s citizens in the long—term will be best served by creating a "strong national protection system" that will be sustainable and robust. The request made by the Government to your office, therefore, to help build capacities of national institutions, had, as its objective, the creation of such a system. We would accordingly welcome action on your part to strengthen the Senior Human Rights Advisor’s (SHRA) advisory capacity to enable SHRA to advise and assist the national reporting structures to ensure credible, reliable and objective reporting that you have stressed as essential. Such an initiative, in our view, will ensure that national capacities are sustainable and overall national human rights protection will be strengthened in the long-nm with independent, reliable and credible reporting mechanisms. We do not believe that your representative’s independence will be adversely affected through close cooperation and collaboration with national mechanisms.
I have reiterated the consolidated position of the Government in relation to the establishment of an Office of the High Commissioner for Human Rights on several occasions commencing with my statement on 13 October and in the written communications thereafter. May I restate that the Government of Sri Lanka does not perceive the necessity for a "fully-fledged presence of OHCHR in the country" at present and we hope that our consistently expressed position will be respected.
The other matters you refer to in relation to the Human Rights Commission are being looked into by the Government and we share your belief that a vibrant and independent national human rights institution is a sine qua mm for Sri Lanka.
As we demonstrated during your visit, we are open and willing to provide access to all areas that can be visited securely by distinguished visitors such as yourself In this spirit we also facilitated free and confidential exchanges between your team and citizens/civil society groups in Colombo and Jaffna. I believe this same character of transparency, candour and cooperation should imbue the future relationship between OHCHR and the Government.
I am gratified that you express your willingness to continue working with Sri Lanka’s Permanent Representative in attempting to reach a consensus on the most "appropriate structure". I also appreciate that you will support the status quo with regard to your Office’s present presence in Sri Lanka as I believe we can continue working with your SHRA to achieve common goals in relation to human rights protection.
In the event that you brief the Human Rights Council on Sri Lanka pursuant to your visit, as you have mentioned in your letter, we expect that you will also inform the Council of the position of the Government of Sri Lanka as expressed in this letter.
I look forward to meeting you again in the near future to discuss progress achieved in the dialogue between Sri Lanka and your Office.
Permit me, Excellency, to extend to you the assurance of my highest consideration.
Mahinda Samarasinghe MP
Minister of Disaster Management and Human Rights
