Action plan for protection and promotion of human rights

Human rights

Human rights are on the top of agenda today. Nations accuse each other of violations of human rights of themselves and others. Rights are generally violated during conflicts and wars as the strength of the weapon supersedes peace over and stability and rule of law.

There is no shortage of conflicts in most parts of the globe. Conflicts are fertile grounds for arms dealers and invisible hands to grab natural resources and control over nations engulf in conflicts generally created by external forces. The irony is that those in glass houses claim to be guardians and protectors of human rights and keeping skeletons in their cupboards, continue to be in the forefront of the violation process in open, discreetly creating a gloomy atmosphere for a fair section of the world.

Sri Lanka was once named a killing field and a battleground by a section of world media, which now claims it is one of the most peaceful stable and beautiful nations in the world, with a booming economy tourism and quality of life with freedom and warmth. Today it is a haven and a breeding ground of human rights and human values with new found freedom and stability, reaping the harvest of the dawn of the peace after three decades of bitter war.

World conference on Human Rights

The World Conference on Human Rights in Vienna in 1993 has been a turning point of human rights jurisprudence created by the UNHCR and ratified in 1948, which is now the guiding force of human rights mechanism monitored by the United Nations Organisation.

It reiterated that human rights are universal, indivisible, interdependent, and interrelated and democracy, development and respect for human rights and fundamental freedoms are interdependent and mutually enforcing.

It further stated: “Each state should consider the desirability of drawing up a national action plan identifying steps whereby the state would improve the protection and promotion of human rights.” It is during the Periodic Review process in May 2008 that the Sri Lankan Government pledged to develop a National Action Plan to improve the human rights situation in the country.

Victim of colonisation

Sri Lanka has been a victim of colonisation by the West and has gone through destruction, forcible conversions, and destruction of culture and habitat of inhabitants for hundreds of years.

Great religions such as Buddhism, Hinduism, and Islam and after colonisation Christianity flourish in Sri Lanka due to tolerance and freedom of religion and expression enjoyed for generations.

Despite systemic exploitation during the colonisation process by Portuguese, Dutch and English companies and governments over centuries, Sri Lanka has maintained a model democracy in Asia since 1948 after having regained it from British rulers who took control of the entire island in 1815 after a great struggle by Sri Lankans.

Since then Sri Lanka (then Ceylon) has had a proud tract record of functioning democracy with periodic fair and impartial general elections changing governments with the power of the exemplary people setting an example to the rest of the world on implementation of individual and collective human rights based on great Asian religions, which is anyway embodied in the Sri Lankan jurisprudence for generations – or more advanced than Western ideologies on human rights, which originated and are based on great Christian thoughts.

West and Asian ideologies

The 1993 Human Rights Summit was dominated by the West and Western ideologies basically no different from Asian thoughts on humanity and loving kindness. The West has strengthened the human rights mechanism and implementation after the destruction and loss of millions of lives and destruction from two World Wars which were fought on a sea of blood and human lives.

The United Nations emerged in place of the League of Nations and the main instrument on human rights was ratified to prevent further disasters for mankind. An enormous amount of funds was allocated to the UN and other NGOs for human rights, which has today turned into a lucrative business for some ruthless moneymaking individuals and organisations in the world.

In Sri Lanka NGOs are thriving and funds are allocated lavishly as a result of propaganda jointly by the NGOs and the Diaspora, which is the hub of activism on the separatist movement for separate state in the guise of a liberation moment for Tamils who live mostly with Sinhalese brethrens in harmony.

Action plan

An action plan has been initiated, modelled and moulded by Secretary to the President Lalith Weeratunga, who is a renewed celebrated and respected most senior Government servant. He and his team have masterminded the structure of the action plan, identifying areas to be considered and a group for implementation with a timeframe and groups for future steps.

He has identified a group of respected and reputed civil servants and intellectuals for the implementation process. The areas selected to be considered and implemented are as follows: “Civil and political rights, economics social and cultural rights, prevention of torture, rights of women, labour rights, rights of migrant workers, rights of children, and rights of displaced persons.”

Civil and political rights

Civil and political rights were accorded to people of the country by the 1947 Constitution and thereafter by successive Republican Constitutions. In addition to these provisions, Sri Lanka’s international obligations under different regimes of human rights were also incorporated into several national legislators. Incorporation of the Fundamental Rights Chapter and the mechanism on applicability has given rise to a powerful jurisprudence and library of case law, proving the fierce applicability. Enactment of the international convention on Civil and Political Rights Act No. 56 of 2007 has strengthened the applicability.

Independent Judiciary and Human Rights Commission

The country is bestowed with a vibrant impartial and independent Judiciary, effective and powerful Human Rights Commission and a powerful battery of NGOs amply supported and funded by worldwide NGOs and governments, lavishly spending foreign funds in view of their vigorous activism for the protection and enhancement of liberty and rule of law of the citizen, thereby inheriting a fine and effective mechanism for the protection and preservation of individual and collective human rights.

The Human Right Commission is effective and powerful and acts in parallel to the Supreme Court, which possess the human and fundamental rights jurisdiction. The Human Rights Commission is generally headed by a Supreme Court Judge and contains members of similar calibre.

Economic, social and cultural rights

Economic, social and cultural rights were given top priority due to the war that has lasted over three decades and the dawn of peace stability and prosperity due to the willpower and determination of the people.

The development process is in the top gear in order to reap the harvest on economic development, coupled with massive infrastructure in relation to bridges, roads, harbours and airports right round the country.

As a result the country has sustained an impressive economic growth of around 8% in 2010, raised per capita income from U$$ 1,241 in 2005 to US$ 2,399 in 2010, reduced poverty from 15.2% in 2005 to 7.6 in 2010 and ranked in the overall Human Development Index at 91 among 169 countries of the world in 2010.

Free education and healthcare is offered in few counties in the world. Education is free from kindergarten to university and healthcare is free for all, which is not offered in many developed countries. Access to electricity for 75% to 90% and safe drinking water from 80% to 87% between 2005 and 2010 is rare even in many developing countries.

Zero tolerance for torture

There is zero tolerance for torture in Sri Lanka as embodied in Article 11 of the Constitution’s guarantees and legislative prohibitions by Torture Act No. 22 of 1994, and provisions contained in the Code of Criminal Procedure Act No. 15 of 1979 as amended from time to time.

Rights of women

Rights of women in Sri Lanka are enshrined in the Constitution and in practice for thousands of years. Sri Lanka was committed to ensuring gender equality many decades before it became a state policy to the UN Convention on the elimination of all forms of discrimination against women.

Women together with men received the right of franchise in 1931, along with the right to become Members of Parliament. Sri Lanka is proud to have first woman Prime Minister in the world and subsequently her daughter becoming the President of Sri Lanka. Currently the Chief Justice, the Attorney General, the Secretary to the Ministry of Justice and many other women hold high positions, including cabinet ministries in Parliament.

The majority in universities and other institutions consists of women. The ratio of girls and boys in primary education is reaching 99% in 2006. In the employment sector, a staggering 69% of teachers are women. Access to healthcare has resulted in decreasing the maternal mortality at child birth to 11.3 per 1,000 births and child mortality to 39.3 per 100,000 births, which are almost MBG level.

Working class movement

The beginning of working class movement in Sri Lanka could be traced to 1890. The first collective action was reported in 1893. Currently trade union movement is extremely powerful and rooted in the society.

The Industrial Dispute Act of 1950 was a piece of landmark legislation which provided for the prevention, investigation and settlement of industrial disputes and promotion of collective bargaining with a view to maintaining a better employee-employer relationship. The country has an extensive social security system to provide for payment of pension benefits to employees in the public sector and superannuation benefits for private sector employees.

Sri Lankan labour migration currently stands at around 1.6 million with an annual outflow of about 200,000 persons and generates a substantial in flow of remittances, relieving the country of unemployment pressure. Government has taken several initiatives to ensure decent work, dignity of labour and protection of human rights and freedom of migrant workers.

Sri Lanka has ratified two International Labour Organisation conventions, which help to promote the rights of all migrant workers and their families. In addition Sri Lanka acceded to the Convention on Elimination of All Forms of Discrimination Against Women in order to provide the basic awareness to migrant workers who migrate for the first time.

Compulsory in-house pre-departure training is conducted for both female and male workers. Steps are being taken to promote more male workers especially in the domestic sector and discourage female workers to the Middle East, even though the Middle East is a lucrative job market for highly skilled and educated labour, who are very well placed in the region.

Children

The country has made vast improvements in many social indicators on children through its pre-healthcare policy. The country has achieved a high literacy rate as a result of ensuring free access to primary and secondary education for both male and female children.

A special nutrition policy has been formulated to address the persisting problem of under-nutrition with special focus on needy children and pregnant mothers. In addition to these welfare measures, the Government has given priority to the protection of children from abuse with the establishment of a statutory authority with the specific mandate of ensuring their safety.

Displaced Persons (IDPs)

Wide publicity has been given to Internally Displaced Persons (IDPs) mostly in the north and east, which are fast diminishing to zero. Out of 300,000 displaced persons, currently only few are in the camps and there is information that in a few months they too will be settled to lead a comfortable life and the camps will be closed down.

Development

The Government has given high priority to speeding up development efforts in these areas. As a result of the strong effort with the help of donor communities and other local and international stakeholders, 70% of the demining process has been completed, following the demining and rehabilitation process.

Resettlement of IDPs in their original places has been completed; at present 2,187 families have been resettled. The majority of resettled families were provided with permanent housing with basic immunities and the rest with shelter and assistance in cash and kind. The Government has ensured the livelihood rights of displaced persons including micro credit, marketing and other support for families to commence their livelihood opportunities.

Amazing development programs

Development programs in the country – especially in the north and east – are amazing and unprecedented. The road structure is not second to the network of a developed country and the new bridges and infrastructure are being completed along with other major developments in harbours and airports.

Action plan implementation

The action plan put forward to improve the human rights situation is the most-awaited document by the international community amidst the adverse anti-Sri Lanka propaganda, which is fast diminishing.

For those who are interested in Sri Lankan affairs, this is the ideal period to visit as it has become the most sought-after tourist destination and a haven for investment due to freedom as a result of the stability and peace enjoyed by its citizens. The action plan has already achieved the desired results in the implementation of the reconciliatory process proposed, implemented and practiced by the citizens voluntarily in the process of integration economically, socially and politically.

(The writer is Sri Lanka’s Ambassador to the United Arab Emirates. He can be reached via [email protected].)