“Lanka, the subject of ‘discriminatory and inquisitorial’ procedures” | Sunday Observer
Foreign Minister at UNHRC interactive dialogue

“Lanka, the subject of ‘discriminatory and inquisitorial’ procedures”

6 March, 2022

Foreign Minister Prof. G.L. Peiris questioned the uniformity and consistency of standards applied by the High Commissioner to UN Human Rights Council Member States, emphasising that Sri Lanka has been the subject of ‘discriminatory and inquisitorial’ procedures in the name of human rights.

“The fundamental deficiency is its intolerably intrusive character, impinging as it does on core functions and responsibilities of organs of the Sri Lankan State,” the minister said adding, “The Council would certainly not take it upon itself to embark on a similar inquisitorial procedure in respect of other Member States.”

“We are convinced that there are serious anomalies and weaknesses in the report presented to this Council by the High Commissioner,” the Minister said, adding that he noted with regret that the Secretariat had failed to publish the comments of the Sri Lankan Government simultaneously with the High Commissioner’s written update to the Council.

Prof. Peiris was making a statement at the interactive dialogue on the OHCHR’s report on Sri Lanka in Geneva on Friday.

Excerpts of his speech:

“Resolution 46/1 on Sri Lanka was adopted in March 2021 by a divided vote in this Council. Sri Lanka and other Member States opposed this resolution in fundamental disagreement with its deeply flawed procedure and unacceptable content, in particular its OP para 6 regarding a so-called evidence-gathering mechanism.

“The Resolution was directly contrary to the Council’s founding principles of impartiality, objectivity and non-selectivity. It went well beyond the mandate that Member States had conferred on it by UNGA Resolution 60/251. I have stated Sri Lanka’s views on this matter to this Council on March 1.

“Despite our rejection of the resolution, we will continue our voluntary international undertakings on human rights and engage with the United Nations, including with this Council. As stated by President Gotabaya Rajapaksa of Sri Lanka to our Parliament on January 18, 2022, “We are a nation that respects international laws and conventions”.

We have regularly shared our progress and challenges in a candid and open exchange with this Council and other relevant organs of the United Nations system.

“The Council would certainly not take it upon itself to embark on a similar inquisitorial procedure in respect of other Member States. This, in itself, strikes at the very root of the foundations of the United Nations system. The uniformity and consistency of standards applied, irrespective of their size and influence, and conformity with the principle sovereign equality of all members of the United Nations fraternity. This is transgressed in several portions of this report.

“It is a matter for deep regret that numerous instances of unsubstantiated allegations and superficial conclusions insensitive to the complexity of ground situations have found their way into the report. We have commented on these in extensive detail in our written response.

“We are dismayed by the High Commissioner’s unwarranted onslaught on seminal institutions of our country which function under the aegis of Sri Lanka’s Constitution and legal system, emanating from a rich and varied cultural heritage, and are subject to stringent review processes which form an integral part of our tried and tested laws.

“The Government of Sri Lanka is firmly resolved to maintain the security and stability that we have restored for our people and ensure sustainable progress in an equitable manner. My country reaches out to the international community with the sincere exhortation to join us as partners on a footing of equality and mutual respect to face the challenges ahead.”

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