Kshenuka slams Pillay

Sri Lanka’s External Affairs Ministry yesterday slammed remarks made by UN Human Rights Commissioner Navanetham Pillay on Friday (18) about the impeachment of Chief Justice Shirani Bandaranayake, saying the statements were biased, erroneous and inappropriate and charged that aspersions she cast on the impartiality of the newly appointed Chief Justice Mohan Peiris were reflective of sentiments expressed by vested interests

In a letter to the UN High Commissioner who heads the UN Human Rights Council in Geneva, where sessions open in just over a month, Acting Foreign Secretary Kshenuka Seneviratne charged that Pillay’s comments were unwarranted and contained a series of innuendos about a domestic matter in Sri Lanka.

Pillay’s comments were indicative of “unequal and invidious treatment of Sri Lanka,” the Ministry official said. The letter warned that Pillay’s “palpably biased” statement could damage engagement between the UN and Sri Lanka.

The communication was handed over to the Office of the Human Rights Commissioner in Geneva by the Mission of the Permanent Representative of Sri Lanka there, the Daily FT learns.

Rejecting the UN High Commissioner’s statement, Seneviratne said the Pillay’s remarks “sadly demonstrates that neither you nor your office has the understanding of the provisions of Sri Lanka’s Constitution, and the related procedures for the removal of judges of the superior courts”.

At a briefing on Friday, High Commissioner Pillay charged that Bandaranayake’s impeachment was a ‘flawed process’ and called it a ‘calamitous setback’ for the rule of law and judicial independence in the country.

But Seneviratne rejected the charge, saying, “The Government of Sri Lanka as a sovereign country has followed the due procedure that is set out in the Constitution of our country. This procedure is indeed in conformity with principles which govern disciplinary proceedings against judges contained in the Basic Principles on the Independence of the Judiciary endorsed by the UNGA in 1985.”

The Acting Secretary said that Chief Justice Bandaranayake had moved out of her chambers and official residence ‘of her own accord,’ hitting back at Pillay’s remark that she had been removed from her chambers and residence, which Seneviratne said was erroneous.

According to Seneviratne, Pillay’s concerns about the independence and impartiality of the new Chief Justice was “reflective of the complete bias and negative mindset manifested and nurtured by parties inimical to Sri Lanka and with vested interests”.

The Acting Foreign Secretary said that the allegation sought to undermine the Office of Chief Justice. Seneviratne also accused Pillay of prejudgment in this regard, and called it a “sustained practice adopted” by the Human Rights Commissioner in relation to Sri Lanka. “Regrettably, this cavalier statement brings into question the standards of impartiality and equality expected of the UN System,” the diplomatic communication said.

Seneviratne noted that complaints regarding death threats and acts of intimidation against lawyers “are being and will be investigated” and added that the “Government of Sri Lanka is fully committed to upholding the rule of law and has been continuously taking steps to achieve this objective”.

Seneviratne said that Pillay’s remarks on Friday were reminiscent of the action taken by Hanny Megally following the visit of the OHCHR team to Sri Lanka in September 2012, when he deviated from the accepted practice, by de-briefing third parties, even before briefing the High Commissioner for Human Rights.

“It may also be recalled that when the latter pointed out the impropriety of this unacceptable conduct of Mr. Megally at that juncture, you accepted our Representative’s submission. However, your action in resorting to unwarranted comments with a series of innuendos on an issue which is entirely a domestic matter for Sri Lanka, and that too without first engaging with our Permanent Representative or the delegation of Sri Lanka in Geneva, demonstrates yet again the deviation from established procedure, amounting to blatant interference in an issue of a sovereign country,” the letter said.

Sri Lanka has engaged with the UN System consistently and transparently and therefore expects reciprocity from Pillay’s office, the Ministry said.

“Your assertion that “Sri Lanka has a long history of abuse of executive power” is offensive to this nation, and is clearly beyond your mandate. In this regard, you have transgressed the basic norms which should be observed by a discerning international civil servant, by bringing into question the constitutional governance of a sovereign State,” Seneviratne’s letter to Pillay said.

The hard-hitting diplomatic communiqué comes just days after the High Commissioner Pillay announced that she would be submitting a report on Sri Lanka at the 20th UNHRC Session focusing on the engagement of UN mechanisms in support of the accountability and reconciliation processes.

Following up to the resolution sponsored by the US and adopted by the UNHRC in March last year, a second resolution is expected to be moved against Sri Lanka this year, citing a lack of progress on post-war reconciliation and accountability issues.

The next UNHRC Session commences on 25 February and will last nearly a month. Sri Lanka hosted an advance team of the Human Rights Commissioner late last year. Pillay was also expected to visit the island before March 2013 but the visit did not materialise despite an invitation from the Sri Lankan Government.

Analysts say the impeachment of the Chief Justice and other serious human rights violations and a lack of progress in implementing the recommendations of the LLRC report is likely to put Sri Lanka back in the hot seat in Geneva when the sessions open this year.

(DB)