A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
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Thiranjala Weerasinghe sj.- One Island Two Nations
?????????????????????????????????????????????????Monday, May 8, 2017
EU, GSP Plus & Sri Lanka: Promoting Or Demoting Human Rights
By Kumarathasan Rasingam –May 7, 2017
The European Parliament in its session on 26th April, 2017 has voted in
favour of Sri Lanka rejecting a motion tabled by 52 European Union
members to deny the additional tariff concessions approximately 66% on
several products including textiles and fisheries imported by European
Union members numbering 28 countries. Sri Lanka is expected to net an
income of 250 million Rupees an year due to this concession.
The issues
preceding the voting on April 26th 2017 deserve to be mentioned to
question the justification of this vote in favour of Sri Lanka. The
European Union sent a delegation to Sri Lanka headed by Jean Lambert in
November 2016 to study the ground situation in Sri Lanka regarding human
rights and all other matters related to minorities, including torture
and impunity, sexual violence, labour rights, working conditions etc.
It is to be noted that “the European Parliament seeks to promote
democracy and human rights not only in Europe but also throughout the
world and is a fierce defender of human rights, fighting for the rights
of the oppressed”, as well. This parliament has 751 members representing
28 countries with a population of about 510 millions. European Union’s
criteria for this GSP+ extends
only to “countries which ratify and implement core International
Conventions relating to human and labour rights, environment and good
governance”.
The European Commission which recommended the restoring of the GSP+ in
January 2017 laid down the following conditions to qualify for
restoration. They are “the ratification and implementation of 27
International Conventions which were signed by Sri Lanka, and dealing
with international human and labour rights and good governance”.
The European Union specifically mentioned the following matters which
need to be addressed, and implemented by Sri Lanka to become eligible
for the GSP+ concessions.
Full implementation of the 27 International
Conventions particularly International Covenant on Civil and Political
Rights, Convention on Enforced Disappearances, repeal of Prevention of Terrorism Act [PTA]
and replacing it with another Bill in accordance with standard
international practice and provisions, amending code of criminal
procedure, making public the list of former Liberation Tigers of Tamil
Eelam cadres held in detention etc. A total of 58 conditions were laid
down by the European Union, for implementation by Sri Lanka.
It is a well known fact and truth that Sri Lanka excels in passing
legislations to satisfy the minorities as well as the international
community. It is also a well known fact that the passed legislations
will remain partially implemented or totally left to lay in a coma state
awaiting death sooner or later. Examples are the Indo-Sri Lanka Accord
of 1987 and the Northern Provincial Council which is limping for
survival. Tamil as an official language is yet to attain its status as
an official language for its implementation by the government when
communicating with the Tamils. Same fate is lying in store for the Office of Missing Persons Act passed in August 2016 but kept in shelves.
It is learnt that the European Union members in the last minute
requested the Sri Lankan government to at least replace the Prevention
of Terrorism Act [PTA] and amend the CCPA with another Bill in
accordance with international norms. The Sri Lankan Government however
was making defiant postures by saying that “the Government will not bow
down to any foreign country or organization and will not dance to their
tune”. Deputy Foreign Minister Mr. Harsha de Silva stated that “Sri
Lanka is under no obligation to any foreign body”, obviously referring
to European Union and GSP issue.
As usual, a European Union delegation visited Sri Lanka in November 2016
to study the ground situation and submit its findings to the European
Union. The delegation head Jean Lambert urged “Sri Lanka to improve
human rights conditions including the replacement of its tough
anti-terrorism law”. The delegation further said that “much more needs
to be achieved, especially related to Office of the Missions Persons and
devolving powers to the provinces”. As such, success of Sri Lanka’s
GSP+ application depends on meeting the human rights requirements set by
the European Union.
A member of the delegation Mr Paul Godfrey who also serves as Ambassador
to Sri Lanka and Maldives said “clear evidence of progressive measures
on human rights is needed before GSP+ return”.
To sum up, European Union in addition to its political and economic
goals of unity and strength also plays the role of a “champion of human
rights and fighting for the oppressed throughout the world”. It weighs
each states record of human rights before extending its assistance in
all fields, particularly on GSP+ concessions.
If one looks at the record of Sri Lanka in relation to the European
Union’s scale of testing human rights, the reports of UN High
Commissioner for Human Rights, UN Special Rapporteurs, and the report of
UN Human Rights Council are the proofs in the pudding. Sri Lanka’s
woeful performance in this matter need not be detailed. However, some
need to be mentioned because of their seriousness.
1. The disregard and contemptuous non-compliance and nil implementation of the UNHRC Resolution 30/1 passed on October 1st 2015.
2. The total failure in solving the 60 year old nagging ethnic problem.
3. The defiance and challenges thrown at United Nations, UN Human Rights
Council and other organizations including European Union requesting
them to not to dare imposing conditions on Sri Lanka, which we consider
as an infringement of Sri Lanka’s sovereignty and integrity.
It is learnt that European Union made it a pre condition in the last
minute, requesting Sri Lanka to at least “replace the Prevention of
Terrorism Act before granting the GSP+ and also make the Office of the
Missing Persons fully operational, all to be delivered by Sri Lanka
within clearly established time limit”. Sri Lanka sensing a way out of
the hurdles, due to the softened stand by the European Union, hurriedly
sent its Deputy Foreign Minister Mr. Harsha de Silva, who earlier
blasted European Union by saying that “Sri Lanka is under no obligation
to any foreign body”. He took a half -baked secret draft copy of Counter Terrorism Act as
the replacement of PTA to the European Union’s attention, the contents
of which are still shrouded in secrecy unknown to the world and public.