PRESS RELEASE
ALRC-PL-30-2005

Sri Lanka urged to fulfil int'l obligations over rights protection

(Geneva, April 6, 2005) The Asian Legal Resource Centre (ALRC) has called on Sri Lanka to enact domestic legislation and procedures for carrying out its international obligations to protect human rights in the country.

Without such mechanisms, Sri Lanka's ratifications of international rights treaties, including the Optional Protocol to the International Covenant on Civil Political Rights and the U.N. Convention against Torture, are just empty promises, the Hong Kong-based rights group said.

Sri Lanka must take the necessary steps to enable the implementation of these international agreements in the country, the ALRC said in an oral statement to the 61st session of the United Nations Commission on Human Rights on Tuesday.

"The state party should enact legislation to demonstrate respect for the Optional Protocol, otherwise such accessions are purely an exercise in external diplomacy without any meaning for the protection and improvement of human rights," ALRC spokesman Michael Anthony said.

Sri Lanka also has the duty to allocate enough funds for training, investigation, prosecution and the judicial proceedings for human rights abuses, Anthony told the U.N. commission.

He cited the cases of Nallaratnam Singarasa and Gerald Perera, in which both victims could not receive redress under the international conventions because Sri Lanka lacks local laws and procedures for their implementation.

Singarasa, who is currently serving a jail term for charges under the Prevention of Terrorism Act, has not been released or granted a re-trial by the Sri Lankan authorities although the U.N. Human Rights Committee earlier ruled that his right to a fair trial was violated.

Perera, a torture victim, was killed just days before he was due to give evidence in a criminal trial against the alleged perpetrators, who were all police officers.

"International treaties and mechanisms are of no practical use unless domestic law and procedures are developed to implement the obligations undertaken therein," Anthony said.

Full text of the April 5 statement follows.  

UNITED NATIONS COMMISSION ON HUMAN RIGHTS 61st SESSION
ITEM 11: CIVIL AND POLITICAL RIGHTS
The lack of implementation of international conventions, Sri Lanka
Statement read by Michael Anthony of the Asian Legal Resource Centre

Mr/Madam Chairperson

The Asian Legal Resource Centre (ALRC) appreciates the statement of the Foreign Minister of Sri Lanka, who, in his address to the Commission reaffirmed Sri Lanka's commitment to respect the U.N.¡¦s efforts to protect and promote human rights, mentioning the country¡¦s ratification of the U.N. Convention against Torture and accession to the Optional Protocol of the ICCPR.

ALRC points out that the benefits of such measures taken by successive Sri Lankan governments have not yet accrued to the Sri Lankan people due to deficiencies in implementation mechanisms.

In its response to the Human Rights Committee concerning the case of Mr. Nallaratnam Singarosa, Sri Lanka claims not to have the legal authority to execute the Committee's decisions to release the convict or to grant retrial, negating its obligations under to the Optional Protocol. The State Party should enact legislation to demonstrate respect for the Optional Protocol, otherwise such accessions are purely an exercise in external diplomacy without any meaning for the protection and improvement of human rights.

The same applies for ratifications of other covenants and conventions. The ratification of the Convention against Torture, although followed by an act in parliament bringing the convention into operation, still lacks local procedures to enable its implementation. This lack can endanger torture victims seeking redress under the convention, as seen in the case of Mr. Gerald Perera, who was severely tortured while under arrest on mistaken identity, and later assassinated, seven days before he was due to give evidence in a criminal trial against the alleged perpetrators, who were all policemen.

There are many other instances where torture victims who complain about the violations of their rights, have been tortured for a second or third time in order to prevent them from giving evidence in criminal cases. The absence of a witness protection law and any procedures for actual protection negates the very purpose for which the Convention against Torture had been ratified. 85% of witnesses in criminal cases reportedly do not come forth because of this.

Extraordinary delays in courts virtually prevent effective action being taken to protect rights. A criminal case may take an average of five to seven years or more to come to trial before a court, during which time complainants may suffer intimidation or worse. This is worse when the alleged perpetrators are state officers who in the local social context wield enormous powers.

International treaties and mechanisms are of no practical use unless domestic law and procedures are developed to implement the obligations undertaken therein. It is the duty of the State Party to create authorities that can draft laws and procedures to be approved and adopted by the legislature. It is also the duty of the State Party to allocate adequate funds for training, investigation, prosecution and the judicial proceedings relating to crimes in general and gross human rights violations in particular.

We therefore urge the Sri Lankan government, which constantly affirms its allegiance to U.N. Human Rights mechanisms to take the necessary steps by way of the implantation of laws and the allocation of funding for the realisation of its international obligations.

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About ALRC The Asian Legal Resource Centre is an independent regional non-governmental organisation holding general consultative status with the Economic and Social Council of the United Nations. The Hong Kong-based group seeks to strengthen and encourage positive action on legal and human rights issues at local and national levels throughout Asia.