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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents