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Sri Lanka

The Implementation of certain Human Rights Conventions in Sri Lanka: Final Report

Attachments

Prepared by Françoise Hampson, Leif Sevón and Roman Wieruszewski

1. Introduction

1.1. GSP+

Under the special incentive arrangement for sustainable development and good governance (the GSP+) provided for in Article 8 of Council Regulation 980/2005 of 27 June 2005 (the Regulation) applying a scheme of generalised tariff preferences the Common Custom Tariff ad valorem duties on certain products which originate in a country included in the arrangement shall be suspended.

According to Article 9(1) of the Regulation a GSP+ arrangement may be granted to a country which, inter alia, has ratified and effectively implemented the conventions listed in Part A of Annex III of the Regulation, among them the International Covenant on Civil and Political Rights (ICCPR), the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), and the Convention on the Rights of the Child (CRC). It is further required that the country in question gives an undertaking to maintain the ratification of the conventions and their implementing legislation and measures and accepts regular monitoring and review of its implementation record in accordance with the implementation provisions of the conventions it has ratified. The Commission shall keep under review the status of ratification and effective implementation of the conventions (Article 9(4)).

According to Article 16(2) the GSP+ may be temporarily withdrawn, in respect of all or certain products, in particular if the national legislation no longer incorporates the conventions or if that legislation is not effectively implemented. Where the Commission or a Member State receives information that may justify temporary withdrawal and where it is considered that there are sufficient grounds for an investigation, the Commission may, after certain procedural steps, decide to initiate an investigation (Article 18). The beneficiary country concerned shall be notified of the decision and interested parties shall be invited to make known their views on the issue (Article 19).

Council Regulation 980/2005 was replaced by Council Regulation 732/2008 of 22 July 2008 applying a scheme of Generalized Tariff Preferences for the period 1/1/09 to 31/12/11 (the 2008 Regulation).

1.2. Sri Lanka's application for GSP+ benefits

In its application in 2005 for GSP+ benefits Sri Lanka stated, inter alia, that it had deposited instruments of ratification and effectively implemented all 16 Human Rights Conventions referred to in Article 9 and listed under Part A of Annex III of the Regulation. The ICCPR, the CAT and the CRC were listed among conventions ratified.

The Government of Sri Lanka also gave an undertaking to maintain the enforcement of the conventions and their implementing legislation and measures and accepted regular monitoring and review of its implementation record.

In a Status Report on ratification and implementation of conventions referred to in Annex III and listed under Parts A & B of Annex III prepared by the Government of Sri Lanka and annexed to its GSP+ application (the Status Report) it was stated, inter alia, that Sri Lanka has subscribed to the Optional Protocol to the International Covenant on Civil and Political Rights.

As far as legislation incorporating the three conventions in issue is concerned it was stated in the Status Report that the Constitution of Sri Lanka guarantees the promotion and protection of human rights of the citizens of Sri Lanka and other persons. The rights of all persons declared and recognized by the Constitution include freedom of thought, conscience and religion, freedom from torture or cruel, inhuman or degrading treatment or punishment (CIDT), right to equality, freedom from arbitrary arrest and detention and punishment and prohibition of retroactive penal legislation, freedom of speech, assembly, association occupation and movement.

As noted in the Status Report some of the derogable rights may be restricted as may be prescribed by law only for specific purposes, such as in the interest of national security, racial and religious harmony and the national economy.

The Status Report also refers to the role of the Supreme Court, the Court of Appeal and the Provincial High Courts in the protection of human rights. It describes the 17th amendment to the Constitution as a means to safeguard the citizen's rights. It also describes the national Human Rights Commission of Sri Lanka (NHRC), which is empowered to inquire into complaints of infringements of any of the fundamental rights set out in the Constitution but is only empowered to give recommendations. Lastly, it contains more detailed information, inter alia, on disappearances, freedom of expression, and the Prevention of Terrorism Act (PTA).

The Status Report also contains information about the implementation of the CRC and the CAT. In its application for GSP+-benefits under the 2008 Regulation the government of Sri Lanka states that Sri Lanka has continued to show tangible progress and advances in complying with the legislative and administrative implementation of the conventions in issue. The attached Status Report contains, inter alia, a reference to the First Optional Protocol to the ICCPR. The Report refers to an advisory opinion of the Supreme Court of Sri Lanka. That opinion states that the provisions of the Constitution, the ICCPR Act and other laws including decisions of the Superior Courts of Sri Lanka give adequate recognition to the civil and political rights referred to in the ICCPR. Rights recognized in the ICCPR are justiciable through the medium of the legal and constitutional processes prevailing in Sri Lanka.

The Status Report 2008 further states that the declaration of a state of emergency and the promulgation of regulation is in accordance with Articles 4 and 5 of the ICCPR.

As far as freedom of expression is concerned the Status Report 2008 states that it is the intention of the Government to bring the Constitutional guarantee to be consistent with Article 19 of the ICCPR.

The Status Report 2008 also refers to a bill concerning assistance and protection to victims of crime and witnesses that had been placed before Parliament. It discusses implementation of ICCPR rights despite allegations of disappearances and states that where allegations of torture, extra judicial killings and enforced disappearances are levelled against the armed forces or the police service, impartial investigations has been initiated and necessary punitive measures are taken. It also discusses internally displaced persons, the CRC, the CAT, noting that Sri Lanka follows a zero-tolerance policy in respect of torture, as well as other matters.