GSP+ Hangs In The Balance, As EU Takes On Government
The Commission of the European Communities last week declared that the Sri Lankan Government has failed to effectively implement the International Covenant on Civil and Political Rights (ICCPR), the Convention Against Torture (CAT) and Convention on the Rights of the Child (CRC) thereby paving the way for widespread human rights abuses in the country, despite the government claiming to have effectively implemented these conventions.
The Commission made this disclosure in a 41-page report on the findings of the investigation with respect to the effective implementation of certain human rights conventions in Sri Lanka, which is tied to the European Union’s Generalised System of Preferences Plus (GSP+) scheme.
The report which was released in Brussels on October 19, 2009 in its conclusion also highlighted that evidence shows that unlawful killings, perpetrated by police, soldiers and paramilitary groups, are a major problem.
“While Sri Lanka has a strong record of adopting legislation to criminalize torture, in practice torture both by the police and the armed forces remains widespread. The powers of detention conferred by the emergency legislation have enabled arbitrary detention without effective possibility of review of the lawfulness of detention,” the report said.
The Commission noted that there have been a significant number of disappearances which are attributable to state agents or paramilitary factions complicit with the government; “hence Sri Lanka has failed to implement its obligation to prevent disappearances by State agents and other forces for which it is responsible.”
According to the report, the Government of Sri Lanka has taken the position that Sri Lanka has effectively implemented the three Conventions. However, on the basis of the facts and information available, including relevant materials and information provided by the GOSL (although outside the formal context of the investigation), the Commission has concluded that neither the ICCPR, the CAT, nor the CRC, nor the legislation incorporating the obligations under these Conventions have been effectively implemented in Sri Lanka during the period covered by the investigation.
The Commission has conducted this review with a particular focus on the convention obligations which are amongst the most important and fundamental human rights obligations established in the three Conventions.
While pointing out that provisions in the domestic legislation are in some cases more restrictive than the corresponding provisions in the Conventions, the commission emphasized that domestic legislation also contains provisions which are not entirely in compliance with the Conventions. “In particular, the emergency legislation overrides other current legislative provisions and imposes restrictions on human rights which are incompatible with the Conventions.”
“The police are unwilling or unable to investigate human rights violations. The criminal investigation system and the court system have proven inadequate at investigating human rights abuses. The National Human Rights Commission is weakened, incapable of performing its role and has lost international recognition. The emergency legislation shields officials against prosecution,” it was highlighted.
The commission also highlighted that serious restrictions have been placed on freedom of movement, notably concerning the thousands of persons interned in IDP camps while failure to take effective action to protect journalists against physical violence have undermined the right to freedom of expression.
Noting that the government has taken important steps to address child recruitment and implement its zero tolerance policy, the commission claimed that during the period covered by the investigation, child recruitment was taking place in government-controlled territory by the Karuna group/TMVP with at least the occasional involvement of government forces.
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srilanka government against 17 th AMEMNETMENT. work against parliment committe including JVP.JHU..the goverment by Army.police.and ministers goons.KIlled the civilians .genocide..killed the journalist foreign visitores. reject the foreign countries,srlanka lead to communal and crimanial,the officials involved must face international criminal court..this will bring democratic srilanka,
This could be argued in two ways. The remaining terrorist supporters, who are in huge numbers in European countries, do make a negative influence against the govt. through the EU and other bodies.
On the other hand, Govt has much more space to improve on their Human Rights, and media freedom policies. The grotesque vultures like Mervin Silva must be dispelled not only from the party also from the country. They were born due to the sins committed by the early kings.
However, a journey with Iran and other radical countries would do no good to SL, Mr. Mahinda. Pls make your policies moderate !!
While Nelson Mandela was in prison on charges of ‘terrorism’ to bring down the apartheid white government he wanted the international community to impose economic sanctions and trade embargo on South Africa, That led to the peaceful negotiation and general election with one-man-one-vote annd consequently he was elected as the president.
Unless EU and US take similar punitive actions against Rajapakse government human rights abuses, crimes against humanity and militarisation of Tamil speaking provinces North and East will continue until mono-ethnic domination is complete.