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European Union’s diplomatic service – the European External Action Service (EEAS) Deputy Managing Director of Asia and Pacific Paola Pampaloni visiting Sri Lanka last week held a series of key discussions in Colombo where matters relating the country’s economic crisis and human rights issues were discussed with several stakeholders including President Ranil Wickremesinghe. Among the topics of discussion were Sri Lanka’s need to implement an accountability process, reforms to the Prevention of Terrorism Act and the all-important GSP+ concession.
In an exclusive interview with the Daily FT during this visit, Pampaloni highlighted the EU’s concerns on Sri Lanka’s continued and extensive use of the controversial Prevention of Terrorism Act (PTA) despite repeated assurances of reforms. In this interview, Pampaloni discusses the EU’s expectations of Sri Lanka in addressing human rights violations as well as the implementation of relevant legal reforms while assuring the EU’s continued support to the people of the island nation. Excerpts are as follows.
By Maneshka Borham
(EEAS) Deputy Managing Director of Asia and Pacific Paola Pampaloni – Pic By Lasantha Kumara
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Q: The European Union backed the resolution on Sri Lanka at the recent UNHRC session. What immediate steps must the Sri Lankan Government take to address issues regarding accountability?
The UNHRC is a UN body and the expectations regarding accountability are shared by many countries going beyond just EU member States. As far as the EU is concerned, we believe that it’s important that the Government initiates an effective accountability process starting with a genuine investigation. The Government must also strengthen and ensure the independence of the Office of Missing Persons and they always have a repetition.
We support the excellent work and the protection of the independence of the Human Rights Commission of Sri Lanka to carry out this important task. In addition, it would be useful for the Government to announce a formal moratorium on the use of the Prevention of Terrorism Act and replace it with the legislation that is in keeping with the international standards of human rights.
Q: Consecutive governments in Sri Lanka have failed to address human rights violations despite making assurances to the fact. Is the EU confident the current Government will look into these matters seriously?
We will request that counter-terrorism legislations in line with international human rights standards are adopted. This can be done by repealing the PTA and adopting new legislation. But how this is to be achieved is up to the Sri Lankan Government. What is important is that all the counter-terrorism legislations adhere to human rights standards which is not currently case.
It is important that all the fundamental rights, economic, social and civic rights as well as freedoms are protected. It has been over three years since the Easter Sunday attacks during which the Government began to use the PTA to combat terrorism. The EU is concerned about the extensive use of the PTA since the attack.
We have seen it used against protestors this year which is a serious concern. This is a contradiction with the commitments and the assurances the EU received from the Sri Lankan Government that a de facto moratorium on the use of the PTA was firmly in place pending a review of the current legislation.
We hope the Government of Sri Lanka will now engage with the United Nations and international partners as well as fully cooperate with a UNHRC. We support a fully inclusive dialogue about Sri Lanka on governance, rule of law, democratic values and human rights. We hope the country will soon recover and the authorities will adopt a policy-based approach on fundamental rights.
Q: Will the EU consider punitive measures if no serious attempt is made by authorities to address rights issues? In other words, is Sri Lanka at risk of losing its GSP+ concession?
We are here today on occasion of our annual human rights dialogue to engage with the Government and with representatives in an open and mutually cooperative discussion. The urgency of the domestic situation requires swift establishment and implementation of structured and planned reforms to return the country’s economy to a sustainable path.
In this context it is essential to safeguard human rights and the rule of law while fostering good and inclusive governance and promoting reconciliation efforts. We will continue to support Sri Lanka in this effort, in which we will also take into account the interests of the Sri Lankan people. We are trying to provide our political and economic support to help Sri Lanka return to stability, economic recovery and make advancements on the reconciliation agenda while fully respecting democratic values. Accordingly, we will finalise our GSP+ report this year.
Q: According to the EU, what are the most important legal reforms that the Government must initiate when it comes to human rights issues in Sri Lanka?
These are very much linked to our process of monitoring the GSP+ concession. As mentioned earlier about the importance of the PTA reforms. The need for the adaptation of counter-terrorism legislations in line with international human rights standards was discussed at all the meetings I had.
Then there are the reforms linked to the reconciliation process addressing issues of accountability, effective use of the OMP and efficient work of the human rights commission. There are also many more issues also linked to labour rights, freedom of association, freedom of expression that have been part of our recommendations for many years. We would like to see some progress on these issues as well.
Q: The Government is accused of carrying out continuous crackdowns on anti-Government protests. How concerned is the EU about these events?
We very much support the freedom of expression. Any Sri Lankan who wishes to express their opinions should be allowed to do so in a peaceful manner. It is extremely important that the PTA is not used against protestors as it does not possess the necessary safeguards a counter-terrorism legislation should provide. The most important message that we have given during the visit is that freedom of expression and assembly must be allowed for those who want to peacefully protest against any policies or concerns.
Q: Where do SL-EU relations stand at present following the leadership change in Sri Lanka?
Our relationship at this moment is based on cooperation and dialogue. We have demonstrated in the last couple of days that we will continue to engage with the Government of Sri Lanka and that we will support the Government of Sri Lanka in this very difficult period during this financial crisis. The financial crisis is not unique to Sri Lanka and has affected many countries in the world.
We will try to do everything possible and stand with the people of Sri Lanka. The choice of a country’s leadership is with the people. Our cooperation agreement therefore remains. Whenever there are issues of concern, we have the possibility to raise our concern with the Government and any leadership that will come into power in Sri Lanka.
Q: What support, if any, can Sri Lanka expect from the EU at this critical juncture?
The support from the EU at this moment is very much linked to either political support to encourage negotiations, discussions about the economic crisis with different creditors for example. But it will be up to the Government of Sri Lanka with the commitment they have made during the negotiations for the IMF loan.
As for financial assistance for Sri Lanka, we are trying to explore the way our grants and development assistance can help Sri Lanka during the economic crisis. This is in the process of being discussed. We are providing humanitarian assistance as we did during the COVID-19 pandemic. We have always tried to be close to Sri Lanka in difficult moments and we will try to do the same now.