Posts Tagged ‘Sri Lanka’

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The NGOs summarize the results of the 40th session of the Human Rights Council

March 25, 2019

On 22 March 2019 a group of important international NGOs (Amnesty International, ARTICLE 19, FORUM-ASIA, DefendDefenders, Center for Reproductive Rights, Human Rights House Foundation, Human Rights Watch, International Commission of Jurists, and the FIDH) published a joint assessment of the main result of the 40th session of the UN Human Rights Council including the adoption by consensus of the resolution on environmental human rights defenders, continued Council scrutiny over Sri Lanka, Myanmar, South Sudan, Syria and Iran, as well as initiation of Council action on Nicaragua and several joint statements on Saudi Arabia, Chechnya and Cameroon.

Ten leading human rights organisations* welcomed significant Council outcomes at the 40th session such as a strong consensus resolution recognising the critical role of environmental human rights defenders [see: https://humanrightsdefenders.blog/2019/03/23/human-rights-council-recognises-vital-role-of-environmental-human-rights-defenders/] and the continued and increased scrutiny by the Council over a range of situations of rights violations across the globe. The organisations also expressed their concerns over the Council’s failure to hold the Philippines, Egypt, Libya and China accountable and urged States to take action at upcoming Council sessions.

We welcome the positive step the Council has taken in the direction to effectively protect environmental human rights defenders (EHRDs). By adopting the resolution by consensus, the Council has collectively and explicitly recognized the vital role of EHRDs, including in attaining the SDGs sustainable development goals and ensuring that no-one is left behind, and called for their protection. ……..

We welcome South Africa’s leadership to put on the Council’s agenda emerging human rights issues, in bringing attention to the multiple and intersecting forms of discrimination that women and girls face in the field of sports, especially on the basis of race and gender…

While we welcome the extension of Council attention on Sri Lanka for another two years, a concrete, transparent, and time-bound action plan is urgently needed to implement its commitments under resolution 30/1 in collaboration with OHCHR. Given the lack of progress and political will to implement these commitments, in the absence of immediate progress, the Council should consider additional measures or mechanisms for ensuring victims’ rights to truth, justice and reparations. Individual States need not wait to exercise universal jurisdiction.

We welcome the resolution on Myanmar and its strong focus on ending impunity and ensuring accountability, and we call for the swift operationalisation of the Independent Investigative Mechanism (IIM). We welcome steps taken to review the UN’s involvement in Myanmar. We urge the UN Secretary-General to ensure that it is independent and transparent, and present the findings and recommendations at the Council’s 43rd session.

We welcome the renewal of the mandate of the Commission on Human Rights in South Sudan, a vital mechanism for human rights reporting and evidence gathering. It sends the right message to the government and all parties to the conflict: There can be no lasting peace without justice…

By adopting a resolution on Nicaragua, the Council sent a signal to victims of the current crisis that the international community will not allow impunity for the serious ongoing violations to prevail. We look forward to robust reporting from the OHCHR and we urge the Nicaraguan government to fully engage with the Office to ensure the victims’ rights to truth, justice and reparation.

The Council sent a strong message of support to human rights defenders in Saudi Arabia [see: https://humanrightsdefenders.blog/2019/03/08/saudi-arabia-for-first-time-openly-criticized-in-un-human-rights-council/]……

..We welcome the joint statement on Chechnya delivered by more than 30 States and join the call on the Russian authorities for the persecution to stop: for the immediate and unconditional release of all detained for their actual or perceived sexual orientation or gender identity, and for swift, thorough, and impartial investigations.

We welcome the Cameroon joint statement which advances both Council membership standards and its prevention mandate, and urge the Council to keep the matter under scrutiny.

While we have welcomed the Council’s attention to several situations of gross rights violations, we remain concerned about the lack of consistent and principled leadership by States, in particular by Council members.

We are disappointed that even though the demands of several EU and WEOG States to move the resolution on accountability for crimes committed in the Occupied Palestinian Territories from item 7 to item 2 was met, they still failed to support the resolution. This suggests that no matter the item number, some WEOG members continue in failing to protect the human rights of Palestinians, effectively shielding Israel from accountability.

We regret that States have yet again failed to initiate Council action on the Philippines amidst continued unlawful killings in the government’s so-called war on drugs, and increased targeting of independent media, civil society organisations, and human rights defenders. ……….

We are deeply disappointed that the resolution adopted on Libya again lacks any meaningful accountability mechanism or mandate, despite the impunity for the widespread and systematic violations of international humanitarian and human rights law that prevail there.

We deplore that despite credible reports of the detention of up to 1 million Uyghurs and other Turkic Muslims in western China, the Council has yet again given a pass to China, permitting impunity for widespread and severe human rights violations. The efforts China has made to keep States silent, exemplified by intimidation and threats on the one hand and whitewashing the situation on the other, demonstrate the degree to which Council action could have had meaningful results if States had instead called clearly and collectively for an independent, unrestricted fact-finding mission.

…….We applaud Mexico and other States’ resolve to safeguard the independence of the mandate of the Special Rapporteur on the promotion and protection of human rights while countering terrorism and to resist any attempts to dilute, distract or distort its essential focus, ensuring that the Rapporteur can continue to have positive impacts both in preventing and responding to human rights violations committed in the name of countering terrorism and in relation to the human rights of victims of terrorism. We urge States to remain vigilant to resist future attempts to undermine the Special Procedures system – the eyes and ears of the Council.

We welcome the Council’s renewal of the mandates of the Special Rapporteur on Iran and the Commission of Inquiry on Syria, so that both can continue to perform their vital work fulfilling their respective mandates and addressing the dire human rights situations in both countries.  We urge the Iranian and Syrian authorities to change their posture of noncooperation with the respective mandate .

Several of our organisations have urged the UN High Commissioner to publish the database on businesses in Israeli settlements and were alarmed at its further delay.  We urge the High Commissioner to release the database with all due haste.

We welcome the renewal of the Special Rapporteur on freedom of religion or belief mandate, and the maintenance of consensus on the Council resolution 16/18 framework for addressing religious intolerance . Rising intolerance and hate is a global concern, and States must move beyond rhetoric to action in implementing these standards.

The High Commissioner’s update on Venezuela during this session reflected the dire human rights situation in Venezuela. We urge all States to consider what more the Council can do to address the worsening human rights crisis in the country and to support all victims.

We note the highly disturbing report by the Special Rapporteur on adequate housing concerning grave reprisals by the Egyptian government against those who cooperated with her during her recent visit to the country and urge this Council to take action to address these attacks.

We welcome the passage of the resolution on Georgia and the continued attention devoted to the importance of full and unimpeded access for the Office of the High Commissioner and international and regional human rights mechanisms.

The full statement can be found via the link below:

http://www.ishr.ch/news/hrc40-civil-society-presents-key-takeaways-human-rights-council

https://www.unog.ch/unog/website/news_media.nsf/(httpNewsByYear_en)/F8666286FD4F67E7C12583C5006579ED?OpenDocument

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Sri Lanka and the UN Human Rights Council: a Tale of Two Stories

March 18, 2019
In Resolution 30/1 adopted in 2015, Sri Lanka (which cosponsored it!) committed itself to a range of measures on human rights, accountability and reconciliation. Sri Lanka’s progress in fulfilling its commitments will be discussed on March 20, 2019, at the 40th session of the UNHRC. It is interesting to contrast two reactions:

One at the political level: On 17 March it was reported that a Sri Lankan parliamentarian – who will be a member of a delegation to be sent to the UN Human Rights Council next week – has slammed the UN High Commissioner for Human Rights report on his island, calling it “an atrocious piece of writing containing lies, half lies and highly contestable statements”. Sarath Amunugama, a senior former minister said the Sri Lankan delegation would be meeting with the UN High Commissioner for Human Rights to take up their complaints in person.

The report, released last week, said Sri Lanka had made “virtually no progress” on the investigation of war crimes, and also raised several other issues, including concerns over on-going reports of abduction, torture and sexual violence, institutional failures within the criminal justice system, ongoing harassment of human rights defenders since 2015 and the military’s continued occupation of civilian land. Amunugama though claimed the report was “methodologically incorrect” and contained “totally unwarranted statements”.

His comments come after less than a day after Sri Lanka’s ministry of foreign affairs agreed to the co-sponsoring of a roll-over UN resolution, the president Maithripala Sirisena said he wanted it stopped.  Sirisena also said that the delegation he would be sending to Geneva would argue that Sri Lanka should be allowed to ‘solve its own problems’.

—–

And the other more ‘scientific’, fact-based approach of Verité Research which is engaged in a four-part series on government progress in fulfilling commitments in Resolution 30/1.

Since 2016, Verité Research has annually assessed government progress in fulfilling all 36 actionable commitments in Resolution 30/1. According to Verité’s latest assessment, the government has fulfilled 6 out of 36 commitments as at March 2019. This concerns only Part II: Rights, the Rule of Law & International Engagement
Figure 1: Government progress on Rights and Rule of Law
Figure 1: Government progress on Rights and Rule of Law

Rights and Rule of Law: 2/15 completed

The government made fifteen commitments on rights and the rule of law. These include reviewing, repealing and replacing the Prevention of Terrorism Act (PTA), criminalising enforced disappearance, and investigating attacks on journalists, human rights defenders, religious minorities and civil society. As at March 2019, two of the fifteen commitments in this category have been fulfilled (See figure 1).

Sri Lanka criminalised enforced disappearance by enacting the International Convention for the Protection of All Persons from Enforced Disappearance Act, No. 5 of 2018. This law also introduced new procedural safeguards for persons taken into custody, such as the right to legal counsel and to contact a family member. There has also been some progress in issuing certificates of absence. A certificate of absence is issued to relatives of missing persons and affirms the status of victims as ‘missing’. The measure offers an alternative to receiving a death certificate for missing and disappeared persons. By April 2018, the Registrar General had issued 616 certificates out of 827 applications.

There has been limited progress in investigations and prosecutions pertaining to violence against journalists and religious minorities. Some of these cases have been subject to interference from the security and political establishment, thus impeding their progress. For instance, the military is reported to have withheld key evidence relating to the 2010 disappearance of cartoonist Prageeth Ekneligoda.

Progress in preventing new attacks has also been limited. In February 2019, journalist Nadarajah Kugarajah was reportedly attacked by policemen in Kokuvil, Jaffna. There were fresh outbreaks of violence against Muslims, first in Ginthota, Galle in November 2017, and thereafter in the Ampara and Kandy districts in early 2018. In response to the 2018 violence, the government declared a state of emergency under the Public Security Ordinance (PSO). The PSO grants the president extraordinary powers during a state of emergency, such as calling out the Armed Forces and imposing a state curfew. Resolution 30/1 contains a commitment to review the PSO, but the government is yet to announce clear plans to do so.

Progress in repealing the PTA remains slow. The Counter-Terrorism Bill slated to replace the PTA is currently under further deliberations in Parliament, following a Supreme Court ruling that certain clauses in the Bill was inconsistent with the Constitution.

International Engagement: 2/3 completed

The government made three commitments on international engagement: to continue engaging the Office of the United Nations High Commissioner for Human Rights (OHCHR), to cooperate with UN special procedure mandate holders, and to implement specific recommendations made in the report of the OHCHR’s investigation on Sri Lanka (See figure 2).

Sri Lanka continues to engage the OHCHR, and has extended invitations to UN special procedure mandate holders. Visits by special rapporteurs have been made in the past four years, with more scheduled for 2019. However, there has been ‘poor progress’ in implementing the recommendations of the OHCHR Report. For example, there has been no progress in enacting new modes of criminal liability, or in criminalising war crimes, crimes against humanity, and genocide. There has also been no review of convictions under the PTA, including those secured through confessions made to police officers during custody. There has also been limited progress in releasing detainees held under the PTA.

Conclusion

Over the past year, progress was achieved in fulfilling two of the commitments under the theme rights and rule of law: criminalising enforced disappearance and issuing certificates of absence. Progress in repealing and replacing the PTA, and investigations of attacks on journalists, religious minorities, and civil society has remained ‘partial’. The government continues to engage the OHCHR, but in 2018, did not make any significant improvements in implementing the recommendations of the OHCHR Report.

To access the full implementation monitor, visit: www.veriteresearch.org/publications 

See also: http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=201236

https://www.tamilguardian.com/content/un-report-‘atrocious-lie’-claims-sri-lankan-delegation-member

http://www.dailynews.lk/2019/03/18/features/180557/resolution-301-four-years-636-completed

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34th Human Rights Council: ISHR guide to key issues for human rights defenders

February 24, 2017

A preview of what to look out for at the upcoming session of the UN Human Rights Council from 27 February – 24 March 2017. This selection of what is most relevant to human rights defenders is based on the excellent overview provided by the International Service for Human Rights (ISHR): Read the rest of this entry »

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Amila Sampath: the man behind the video service of “Just Asia”

January 16, 2017

I have on many occasions referred to the admirable initiative of the AHRC to try and bring visual aspects to human right work [https://humanrightsdefenders.blog/2016/01/21/just-asia-just-continues-with-its-human-rights-television/]. So, I was glad to come across the story by Nilantha Ilangamuwa in the Sri Lankan Guardian of 3 November 2016 about the “The Man behind the video service Just Asia”!

amila_sampath_srilanka
Amila Sampath: “I make videos, that’s my tool, I believe this is one of the significant ways to raise the voice of the voiceless

Read the rest of this entry »

Posted in films, human rights, Human Rights Defenders | 3 Comments »
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‘Just Asia’ just continues with its human rights television

January 21, 2016

I have not referred to this excellent initiative for a while. The Asian Human Rights Commission (AHRC) continues it visual reporting, Now already episode 106!: Read the rest of this entry »

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Selection of what happened at the local level on Human Rights Day 2015

December 13, 2015

International human rights day is an occasion for a multitude of local activities, some denouncing violations others quietly remembering, some (trying to) march in the streets, others issuing statements. This anthology of 10 such events is far from complete but gives an idea of the variety, from human rights defenders speaking out to governmental institutions ‘celebrating’ …. Read the rest of this entry »

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Guidelines issued to protect human rights defenders in Sri Lanka

September 7, 2015

The Colombo Gazette of 17 July 2015 carried an article that is interesting in the light of efforts to create an enabling national environment for Human Rights Defenders in Sri Lanka:

The Human Rights Commission of Sri Lanka has issued guideline for state authorities to ensure the protection of Human Rights Defenders (HRD) including ensuring their freedom of association.

The Human Rights Commission noted that Human Rights defenders act as the voice of vulnerable person or group or community or society and engage to ensure universally recognized human rights and fundamental freedoms.

“They work very hard, for example; they document violations, reveal the human rights violations and help to redress these violations by peaceful means. HRDs are facing challenges in diverse political and social context at national, regional and international levels. Sometimes their activities are neglected or underestimated or seen as something negative by some of the authorities. Therefore they undergo severe risk when they carry out the activities to promote and protect human rights,” the Human Rights Commission said.

It said that the protection of HRDs is a corporate responsibility of the State, Civil societies and international communities. Although, State authorities have primary responsibility to protect the HRDs and ensure a conducive working environment where HRDs can operate free from hindrance and insecurity. All of them respect the rights of HRDs and support the activities of the HRDs to promote the overall enjoyment of human rights.

Human Rights Commission of Sri Lanka (HRCSL) as a National Human rights Institution (NHRI) has to perform as a defender of HRDs. HRCSL has serious concern for the Protection of HRDs. For this purpose the HRCSL has developed guideline for state authorities. These guidelines will assist the state authorities to protect the HRDs and ensure the internal dignity of the HRDs.

The guidelines call on State authorities to recognize the activities of the HRDs to protect and promote all human and fundamental freedoms which are guaranteed by the Sri Lankan laws including the Constitution of Sri Lanka and International human rights laws, be mindful of the fact that HRDs activities have the true intention to protect and promote human rights and fundamental freedom, are transparent, visible and accountable, are not a threat to state sovereignty, national unity and national security and are activate through peaceful means. 

The guidelines also note that all the human rights defenders or groups or organs of society shall be treated equally according to Article 12(2) of the Constitution which ensures “No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, and place of birth or any one of such grounds”. Any special or unequal treatment or discrimination will be an express violation of Article 12 of the Constitution.

State authorities have also been told to recognize the freedom of association of human rights defenders or group or organs of society for a common purpose or joint action towards protecting and promoting human rights and fundamental freedom. Unreasonable restriction, suppression, dismissal, prohibition, negatively viewed or any such ways will be a sign of violation of the freedom of association which is guaranteed by Article 14 and 12 of the Constitution and other domestic laws.

State authorities should respect, protect and ensure the right of freedom of speech and expression of HRDs related to protect and promote human rights and fundamental freedom. Restrict, prohibit, show contempt, deform, criticize, comment negatively or any such ways will be an expression of violation of Article 14 and 12 of the Constitution.

HRCSL also notes that State authorities must ensure the right of movement of human rights defenders or groups or organs of society to meet the vulnerable groups particularly their rights violated or peaceful parade or travelling for peaceful gathering and seek, obtain and receive information for the purpose to facilitate the victim to seek appropriate remedies. If the movement of HRDs is unlawfully or unjustifiably restricted it violates article 14 of the Constitution.

https://thoolen.wordpress.com/2014/02/14/important-human-rights-council-side-event-on-11-march-to-be-followed-on-internet/

Guidelines issued to protect human rights defenders | Colombo Gazette.

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Panel on Human rights defenders and the rule of law – 8 June Geneva

May 29, 2015

The International Service for Human Rights and United Kingdom Mission in Geneva are organising a panel discussion on “Human rights defenders and the rule of law” on Monday, 8 June 2015, 16.30-18.00 (followed by a reception) at the Graduate Institute, Maison de la Paix (Auditorium 2), Genève, Switzerland.

This event will discuss the importance of the rule of law in safeguarding the rights to freedom of expression, association and assembly for human rights defenders and activists, and the vital role of human rights defenders and international mechanisms in establishing, maintaining and promoting the rule of law. It will also explore the notion that respect for the rule of law requires respect for the rule of international law and national law that is in conformity with international law.

Panelists:

  • Olga Abramenko, Director, ADC Memorial (Russia)
  • Ruki Fernando, Human Rights Advisor, INFORM Human Rights Documentation Centre (Sri Lanka)
  • Mona Rishmawi, Chief of the Rule of Law, Equality and Non-Discrimination Branch with the Office of the High Commissioner for Human Rights
  • Phil Lynch, Director, International Service for Human Rights

Moderator: Julian Braithwaite, UK Permanent Representative to the UN in Geneva

If you want to attend please contact before 3 June: anne.jahren@fco.gov.uk

For those unable to attend, you can follow the event on Twitter through @UKMissionGeneva and @ISHRGlobal.

Human rights defenders and the rule of law: panel discussion on 8 June.

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Hear and read about women human rights defenders under threat

April 3, 2015
If you want to hear rather than read about women human rights defenders, go to the podcast of 2 April 2015 organized by  and  for the Guardian: http://www.theguardian.com/global-development/audio/2015/apr/02/women-human-rights-defenders-podcast
Twenty years after the Beijing Platform made promising pronouncements, it is sobering to hear from women human rights defenders who are under attack for their work:
  • Daysi Flores, JASS Honduras country director, talks about the situation in Honduras, where the imprisonment of Gladys Lanza, one of the country’s most respected feminists, marks a fresh low.
  • Nimalka Fernando, president of the International Movement Against All Forms of Discrimination and Racism in Sri Lanka, talks about the misogynist attacks that she has faced.
  • Maryam Abdulhadi al-Khawaja, co-director of the Gulf Centre for Human Rights, looks at the situation for women in Bahrain.
  • Khouloud Mahdhaoui, a human rights activist in Tunisia, discusses LGBT attacks in her home country.
  • Phumzile Mlambo Nguka, the executive director of UN Women, explains how the wave of extremism around the world has affected anyone standing up for women’s rights.
  • Tania Branigan, the Guardian’s China correspondent, talks about the five women who were arrested in the days before International Women’s Day in China, over their plans to highlight sexual harassment.

In the same vein is the following statement: Statement of Caribbean women, women’s organizations and other civil society organizations on the occasion of the Commission on the Status of Women (CSW) 59, Beijing + 20 – Stabroek News – Georgetown, Guyana.

see also: https://thoolen.wordpress.com/tag/women-human-rights-defenders/

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Sri Lanka releases prominent human rights defender on bail

March 11, 2015

<p>Tamil rights activist Balendran Jeyakumari (center) stands with supporters after being released on bail yesterday (Credit: ucanews.com) </p>

Tamil rights activist Balendran Jeyakumari (center) stands with supporters after being released on bail yesterday (Credit: ucanews.com)

So, maybe things are slowly changing in the right direction in Sri Lanka. On Tuesday 10 March, human rights defender, Balendran Jeyakumari, arrested 13  March last year,  was released on bail. [https://thoolen.wordpress.com/2014/03/19/sri-lanka-release-of-mr-ruki-fernando-and-rev-praveen-mahesan/]

Read the rest of this entry »

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