Chapter 07 Human Rights Situation Even though there are developments in the human rights state within the country, a satisfactory progress has not occurred. Where complaints are concerned, even though the number of complaints received by the Commission this year is less than what was received the previous year, it cannot be considered adequate. The Human Rights Council of the United Nations is due to pass certain resolutions against Sri Lanka. One such recommendation is to conduct a suitable inquiry into allegations of breaches of the law committed by various parties during the time of the war from 2002 - 2009 as recommended by the Lessons Learnt and Reconciliation Commission. If any inquiry by a foreign mechanism cannot be accepted, it is important that an inquiry be conducted by a   suitable   local   mechanism.     For   this   purpose   there’s   no   dearth   of   experts   conversant   with   international law and human rights activity, in Sri Lanka. Such a mechanism would be for the benefit of all parties and future development. It is important to appoint a Commission to inquire into disappearances of people. It should be afforded the opportunity and facilities to conduct wide studies. Holding of elections in the North was a commendable step. The people there have got the opportunity after a number of years of electing their representatives for a democratic rule. It is the observation of the Commission on a general assessment that the election was conducted in a fair manner. It is important to widen and strengthen this situation. It is commendable that legal action was instituted in the High Court in respect of the murder of 5 students in Trincomalee. It was a matter which was shelved for a considerable length of time where the culprits had to be produced before the law. The establishment of a separate Ministry of Law and Order for the police is also a commendable step. It is essential that the police and the army be administered separately. But it would have  been  better  if  a  civil  officer  was  appointed  to  this  Ministry’s  position  of  Secretary.    It  is   necessary that the government pay attention to this at least in the future. The holding of the Commonwealth Heads of Government meeting in Sri Lanka was a platform to receive international attention and to have a closer liaison with different countries. While the receipt of its Chairmanship by Sri Lanka was important, the building up of necessary discourses and taking of action to strengthen relationships were not sufficient. Supremacy of Law In a democratic society law is an agreement between the people and the state. The chief function in this agreement is the protection of the people. If that is not received, this public agreement will be of no use. It is the responsibility of a government to protect people who do not wield power from those with different strengths and powers and social groups wielding power. It is the law that should afford protection of equal opportunities and dignity devoid of discrimination. When 99

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