A/HRC/8/46
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participation in most key human rights instruments and labour conventions, the full implementation
of which is also one of its goals.
6.
The Government’s ultimate aim is to implement a National Action Plan on the Protection
and Promotion of Human Rights (NAP).
7.
The Government firmly believes in building strong and independent national institutions
which can sustain and deliver on their mandates to promote and protect human rights. The
Government welcomes technical assistance and capacity-building initiatives but view them as
temporary remedial measures. The Government does not want to supplant national institutions with
international bodies, as the best guarantee of sustainable progress in any field is through generation
of national ownership.
8.
Hon. Samarasinghe said that he would like to respond to two interlinked themes noted in
some of the questions put in advance. The first is the establishment in Sri Lanka of an Office of the
High Commissioner for Human Rights. He said that in fact, the Office is already represented since
June 2004 in Sri Lanka by a Human Rights Adviser within the United Nations Country Team,
supported by a national legal officer and an assistant. The Government is not in agreement with the
suggestion for the establishment of a monitoring mission. The imposition of foreign institutions will
stifle the potential for growth of national institutions charged with these functions at present. Sri
Lanka cherishes and wishes to nurture national institutions which benefits all its people.
9.
The second theme related to the National Human Rights Commission (NHRC) of Sri Lanka.
This national commission is a vital cog in the human rights promotion and protection machinery. It
is a vibrant, independent institution of the State and supports and buttresses the range of
institutional frameworks outlined in the national report. It can do with technical support. An
initiative has been taken to propose to Parliament that it should focus attention on strengthening the
constituting enactment of the Commission. A Parliamentary Select Committee will look into this
and propose legislative measures to ensure that lessons learned are taken heed of and any
shortcomings are corrected.
10.
The 17th Amendment to the Constitution created a multi-party body – the Constitutional
Council – that contributes to the appointment of certain independent national institutions and
offices of Sri Lanka. The Parliamentary Select Committee on the 17th Amendment has drafted an
interim report, which makes recommendations for the reformulation of the Amendment so as to
overcome perceived deficiencies and avoid impasses such as those which prevented the formation
of the Constitutional Council in the past. Once the report is endorsed by Parliament, the President of
Sri Lanka has stated that he will take immediate steps to place before the Cabinet of Ministers the
relevant constitutional amendments, so as to bring them before the legislature to overcome such
roadblocks to the effective functioning of the Constitutional Council.
11.
Sri Lanka has maintained a record of openness and constructive engagement with the
special procedures associated with the United Nations human rights system. Over the years, Sri
Lanka has not hesitated to invite special procedure mechanisms even under difficult circumstances
brought about by the grave threat of terrorism. They all acknowledged the Government’s
facilitation of their visits and engaged in free and frank dialogue with the Government and other
stakeholders. In the context of the policy of constructive engagement, Sri Lanka will consider each
request for an invitation on its merits, and so the question of a standing invitation does not arise.
12.
The Government of Sri Lanka has taken several measures to ensure the safety of
humanitarian workers and has given them access to populations in need. Restrictions, if any, are to
ensure that these persons are not caught up in the conflict or its fallout. All fatalities and incidents
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