Introduction:
After nearly
a decade, during its 69th session from 20 October-7
November 2003, the United Nations Human Rights Committee
examined the fourth periodic report of the government of Sri Lanka on the
implementation of International Covenant on Civil and Political
Rights (ICCPR). The fourth periodic report covered the period
1991 to April 2002.
Violations
of civil and political rights, not only in the conflict
afflicted North and Eastern provinces but also across Sri
Lanka, are too glaring to be swept aside under the carpet.
While the fourth periodic report of Sri Lanka does acknowledge
some of the critical human rights violations, it is economical
with the truth. Most importantly, it fails to address as
to what measures have been taken to ensure gross, flagrant
and widespread human rights violations are not repeated.
The
State of Civil and Political Rights in Sri Lanka consists of the alternate report
of Asian Centre for Human Rights submitted to the United
Nations Human Rights Committte on 19 October 2003. The alternate
report, “Sri Lanka: Time for Overhauling Human Rights Mechanisms”
analyses the shortcomings of the Sri Lanka's Supreme Court
and National Human Rights Commission (Article 2); violations
of human rights during emergency (Article 4 & 5) including
analysis of the Prevention of Terrorism Act of 1979 and
its incompatibility with the ICCPR; violations of the right
to life (Article 6) with special focus on disappearances;
custodial rape and torture with special focus on torture
and refoulement of asylum seekers (Article 8); arbitrary
arrest and detention (Article 9); juvenile justice (Article
10); freedom of movement (Article 12); equality before law
(Article 14); freedom of expression (Article 19); freedom
of association and assembly (Article 21 and 22); the status
of the Indian origin Tamils, internally displaced persons
and indigenous Veddas (Article 30) and a commentary on the
draft Prevention of Organised Crimes Bill, 2003
The
State of Civil and Political Rights in Sri Lanka also includes the summary records
of examination of the fourth periodic report of Sri Lanka,
Concluding Observations of the Human Rights Committee and
an analysis of the recent political crisis in Sri Lanka.
In the last
two decades, Sri Lanka has witnessed gross and widespread
human rights violations primarily because of the conflict
in the north and eastern parts of Sri Lanka. At the same
time, the flaws of the constitution of Sri Lanka also negatively
impacted the respect for human rights and fundamental freedoms.
As Sri Lankan government and the Liberation Tigers of Tamil
Eelam continue their negotiation, the recommendations of
the United Nations Human Rights Committee are timely to
address systemic flaws and ensure full respect for civil
and political rights.
Suhas
Chakma
Director