A/HRC/8/46
Page 11
hostilities, and about the little concerted efforts to effectively investigate such violations. It asked
about steps to protect the human rights of victims from minority communities which are
disproportionately affected. While noting the zero- tolerance policy for child recruitment and steps
made to rehabilitate former child soldiers, New Zealand remained concerned at reports that child
recruitment continues. New Zealand recommended that Sri Lanka take further steps to improve the
effectiveness of its measures to combat the recruitment of child combatants and welcomed Sri
Lanka’s comments on this proposed recommendation.
48.
Brazil, while welcoming the adoption of institutional measures, expressed concern about the
implementation of international human rights treaties and about integration and harmonization of its
national legislation therewith. Brazil enquired about measures taken to strengthen the
independence, impartiality and effectiveness of the NHRC and to guarantee the rule of law,
particularly in the context of the ‘Emergency Regulations.’ Brazil recommended to Sri Lanka to (a)
extend standing invitations to the special procedures and (b) ratify the Optional Protocol to the
Convention against Torture.
49.
Romania noted the creation of a commission to investigate allegations of abduction and
recruitment of child soldiers by various forces, and enquired about how it operates, results
achieved, and other measures Sri Lanka will take to fully implement its obligations under Optional
Protocol to CRC on the involvement of children in armed conflict. It recommended to Sri Lanka to
investigate the role of security forces in child recruitment and hold those responsible accountable.
Romania requested information on Sri Lanka’s intentions to combat child labour, the results
achieved, and the lack of minimum age for marriage.
50.
Addressing the Working Group, the Permanent Representative of Sri Lanka to the United
Nations Office at Geneva, Dr. Dayan Jayatilleka, stated that, the political component of the
Government’s approach to the resolution of the ethnic conflict is the maximum devolution of power
within a unitary constitutional framework. The 13th Amendment, strives precisely to achieve
political autonomy. Having militarily liberated the Eastern Province, the Government has just
concluded the elections which has re-empowered the eastern Provincial Council. The Government
intended to do the same in the northern province. The President of Sri Lanka has promised that the
north, just like the east, will be militarily liberated and politically empowered by the holding of
elections to an autonomous provincial council in the north. The President has appointed a high-level
National Task Force for the northern province which will implement the programme of
reconstruction and rehabilitation. The Government is attempting to revive, restore and re-activate
the 13th Amendment which provides for full devolution of powers within a unitary State.
51.
Responding to questions raised by States, Sri Lanka’s Attorney General Hon. C.R. De Silva,
PC, stated that notwithstanding the serious nature of the security situation prevailing in Sri Lanka
resulting from a reign of terror unleashed by the most ruthless terrorist organization in the world,
the LTTE, it is not the policy of the State to adopt and enforce extraordinary measures that are
outside the framework of the law. The Government has steadfastly insisted that all agents of the
State should necessarily carry out arrests, detentions and investigations including interrogations, in
accordance with the due process of the law and in a manner that would not infringe human rights.
52.
As regards the issue of disappearances, it is not safe to consider the nature and the
magnitude of the problem on the basis of unsubstantiated statistics. The Government is studying
credible reports and information so as to identify the nature of the problem, its magnitude, possible
reasons, and the identities of those who are responsible. It is not the policy of the State to illegally
and surreptitiously arrest persons and detain them in undisclosed locations or to extrajudicially
eliminate arrested and detained suspects. He said that the Government is determined to ensure that
all complaints are comprehensively and impartially investigated into, perpetrators identified, and
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