The HelpAge Sri Lanka (HASL) signed a ToR with the Human Rights Commission of Sri  Lanka(HRCSL) very recently, to support with rupees one million and to partner on a project on elders’ rights protection.

The project is to make an assessment on the elders’ rights protection initiatives carried out by numerous institutions in Sri Lanka.  It is expected to hold a national forum on elders’ rights and to prepare a report on the outcome.

Professor S T Hettige, Professor Indralal De Silva, Mrs. Nirmala J. Pathirana, Mrs.  SumithraRahubaddha and Dr. Anil Dissanayake developing papers on Sustainable Livelihood and Social Protection of Elders, Population Change & Ageing and Emerging Challenges of Sri Lanka in the 21st Century, Growing Old Gracefully, Elder Abuse – Protection Needed and Health of Older Persons respectively.

The national forum is to be held on 28th of March 2013 at the Lukshman Kadirgamar Institute Auditorium to obtain inputs from different stakeholders including the elders.

Many different communities of people of different nationalities, races, religions and languages live in different countries.  This position prevails in Sri Lanka as well.  These communities, constituting different races religions and language groups have their own cultural identities.  These cultural identities consist of different modes of attire, food habits, customs and rituals etc.  While there should be opportunities available to foster these different cultural rights, it is the responsibility of all communities to respect them.  It is necessary to understand that there differences are a social tool contributing to the progress of society.  It is a matter for regret to those of us who value the protection of these differences as a necessity, to observe non respect for “human differences”.  While there should be opportunities available for these different cultures, all should be equal stakeholders within the common culture of a nation.  It is necessary to understand the need for a common culture.

The Human Rights Commission of Sri Lanka considers the tensions that have arisen since of late within Sri Lanka as a situation not heeding this aspect.  It is observed that this could lead to the creation of mistrust within different communities resulting in these communities growing apart from one another.  It need hardly be mentioned that it could lead to a dent in social well being and progress of society.  It is clear that these issues could be resolved by means of social dialogue, consultations and discussions.  Arbitrary action on the part of different religious groups results not only in contravention of their religious doctrines but also in a situation of grave concern with regard to the progress of society.  Whatever party acts with whichever objective, society cannot cope with religious fanaticism.  It should be rejected.  It is of concern that state institutions responsible for the implementation of the rule of law and for ensuring peace are silent on this matter.  It is absolutely essential that political parties, groups or other organizations do not use these situations to their advantage for political or other objectives.  It must be emphasized that it is the responsibility of everyone to act with a common understanding and grave responsibility on occasions such as this when dangerous national issues arise.

The Human Rights Commission of Sri Lanka is of the view that it is the responsibility of allparties, social organizations of all communities to respect each other’s cultural differences and to act within one common culture to eradicate these mistrusts and issues which occur and is hopeful that all sections of society would act with that kind of responsibility to ensure the well being of society.

HUMAN RIGHTS COMMISSION OF SRI LANKA

Throughout the month of March to mark Rights of Women, Organizations, governments, National Human Rights Institution and the media celebrate the women’s day under different themes relevant to global and local gender issues.

International Women’s Day has been observed since in the early 1900’s the challenges presented to the women c  and great unrest  and critical debate and women have become vocal and active in  campaigning for change.

International Women’s day is now an official holiday in some countries.  China, Madagascar and Nepal  declared the day as a official holiday only for women.

Some counter exercise center and all are seen the traditions honoring their mothers, wives, sisters, daughters and girl friends in different ways

Women’s day will not full be filled unless men are inclusive from the women’s rights discourse and programs.  Women have been campaigning for women’s rights and in order to take the movement further the whole process should include me in the programmes.

Researchers have shown that violence against women is not isolated one of the thorniest issues in the increasing violence that women faces or sporadic but quite common.  It is not limited to a certain economic class or  social group but cuts across class, caste and ethnicity. Researchers have also illustrated that violence against women result in sever physical and mental pain which can result in death.

The commission wished to stress the need to protect women from both harm and violence.  Sri Lanka has made  its commitment under International Law to “pursue by all means and without delay a policy of eliminating discrimination against women which includes the duty to,  take all appropriate measures including legislation, to modify or abolish existing laws, regulation, customs and practices which constitute discrimination against women”.  It is undeniable that the status of women has improved in Sri Lanka in the past 50 years; however  it is also indisputable that gender violence is a reality many women face on a daily basis and needs urgent attention.

Let us celebrate International Women’s day for a world free of violence against women and uphold the l rights of women which is a human right.

Human Rights Commission of Sri Lanka

In the above context it is necessary to immediately establish a protection mechanism to monitor the laws and policies on human trafficking and to strengthen the ongoing systems when seeking foreign employment.  HRCSL alerts all civil society actors and the government authorities to come to a common consensus seeking an adequate protection mechanism throughout locally and internationally on the entire scenario of protection, promotion and prevention mechanisms. In this regard HRCSL proposes to take initiatives with a view to broadening its extra territorial jurisdiction on protection, promotion and prevention mechanism partnership with the Saudi Arabian Human Rights Commission to enter into a MoU with a view to strengthening its migrant welfare, activities and the social security.

HRCSL expresses its deep appreciation of recently signed MOU with the Qatar Human Rights Commission, which constituted a pioneer partnership among NHRIs in exercising extra territorial jurisdiction to monitor such situations.  This is indeed a significant event.  Qatar is Sri Lanka’s largest labour receiving country next to Saudi Arabia employing 130,000 Sri Lankan workers being the wealthiest among Arab States.

The HRCSL wishes to conduct a National Level Consultation after a consultative process gathering all suggestions of Government officials and NGOs who deal with Migrant issues proactively with a view to resolving the pathetic situation in detention camps and prisons across all host countries including Saudi Arabia.

The Human Rights Commission of Sri Lanka recently concluded an inquiry into the proposed construction of a glass structure atop Adam’s Peak, one of Sri Lanka’s  most venerated religious landmarks.

The inquiry, which was conducted in response to complaint number HRC /6441/07, was filed by Ven. Kolonne Sirishantha Thero and others, appearing against a number of officers of the state, including the Secretary to the Ministry of Buddhist and Religious Affairs, the Commissioner General of Buddhist Affairs, Director General of the Department of Archeology, Secretary to the Department of National Heritage, Directors General of the Central Environment Authority, National Building Research Organization and Geological Survey and Mines Bureau, as well as the District Secretary of Ratnapura, the Director General of Police, and the Divisional Secretaries of the Nallathanny, Kuruwita and related areas.

The complainants stated that the proposed structure would infringe upon the religious and cultural rights of the public. Articles 9 and 10 of chapter II of the constitution were cited alongside Articles 12(1) and 14 of chapter III as so endangered. During the course of the inquiry it was revealed that much of the developments envisioned in this respect were likely to contravene the seminal 1931 legislation on temples and religious compounds, as well as the established procedure which requires the granting of prior approval for such projects by the Archeological Department and Commissioner General of Buddhist Affairs. The project, which was later found to be illegal by the Commission, also involved the installation of cable cars to conduct tourists to and from the religious site.

The recommendations also incorporated a direction to halt construction with immediate effect, as well as a call for the declaration of the site in question as a world heritage site supervised by the Archaeological Department. Any future developments, it recommended, should meet with the approval of experts from all fields in question, without which, no alterations to or renovations of the site should result. Further, it was stated that a decision to proceed with such a project be notified to all parties named as respondents in the context of the current inquiry.

The HRCSL asserted that the decision in question was entirely in compliance with both domestic and international law on the subject.

Sometimes Migration is a positive and empowering experience for a migrant.  But sometimes it is an awful experience as they face discrimination, exploitation and abuse.

The globalization of labour market facilitates and provides motivation for thousands of workers to seek their fortunes in foreign countries and sell their labour.  Migrant workers make a vast contribution to host countries as workers.

Over 1.8 million Sri Lankans work abroad with an annual outflow of approximately 250,000 people.  The majority of Migrants going abroad are female workers as domestics.  Poverty, unemployment and almost three decades of civil war have been main drivers of international labour market in Sri Lanka.

It is of paramount importance to identify and recognize the contribution of migrant workers to the economic development of the country.

At this juncture it is important to have a Memoranda of understandings (MoUs) between Sri Lanka and host countries.

The Human Rights Commission of Sri Lanka has already signed a MoU with Qatar Human Rights Commission to protect workers’ rights within their local mandates and to take action in  protecting Sri Lankan Migrant Workers.  The International Convention on Protection of the Rights of All Migrant Workers and Members of their Families a define Migrant Worker as “a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a state of which he or she is not a national.”

When the Rights of Migrant Workers are violated and marginalized they will not be able to make any contribution to society either economically or socially.  Taking constructive steps to protect Human Rights of Migrant Workers would be a strength for countries of origin, transit and destination.

Let us give meaning to the International Migrant’s Day by promoting and protecting their rights.

The Secretariat of the HRCSL organised a special press conference on Wednesday, 31^st October 2012 at the Commission auditorium, with a view to appraising media personnel on a series of recent human rights developments of general importance to the public.

The event, attended by the senior officials of the HRCSL and representatives of a number of media institutions, dealt especially with the inquiries regarding the dispersal of protesters at the Katunayake Free Trade Zone, the sexual harassment of two schoolgirls in Kathankudy, Batticaloa, the congestion of prisons and the resultant living conditions of convicts and remand detainees throughout Sri Lanka’s rehabilitation framework, HRCSL engagement in the context of issues faced by migrant workers and senior citizens, and the continuing efforts of the Commission to widen its mandate as per the Human Rights Commission of Sri Lanka Act No. 21 of 1996, by way of amendment.

The meeting, held one day prior to the scrutiny of Sri Lanka’s report to the Universal Periodic Review by a panel consisting of India, Spain and Benin, was conducted as an interactive trilingual question and answer session, following Chairman Retd Justice Priyantha R P Perera’s welcome address. The Commission’s outlook on the forthcoming UPR and the UN Human Rights Council inquiries in relation to the situation in Sri Lanka was also discussed, alongside the progress of research currently underway on how HRCSL recommendations may be enforced with greater efficacy and efficiency.

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Forty National and Regional Journalists attend – Representing a Cross-section of the Journalist Fraternity

HRCSL, under the mandate conferred upon it by the Human Rights Commission of Sri Lanka Act, No 21 of 1996, relating to international obligations undertaken by the state in assenting to the Paris Principles, has successfully fulfilled yet another criterion required of a National Human Rights Institute.

The Human Rights Training Programme concluded on 15^th and 16^th October 2012 with the support of the UNDP marks a crucial point of convergence between HRCSL and local mass communication networks, further enabling the Commission’s awareness efforts. Organised in the immediate wake of the global acceptance of LLRC recommendations, adoption of a 2011-2016 National Action Plan for the Promotion and Protection of Human Rights, and, most recently, the first-ever submission of an independent report to the UN Human Rights Council’s Universal Periodic Review (UPR) by the HRCSL – content of which will feature prominently in the forthcoming Combined Report arising from the UPR; the event signified yet another important landmark for the Commission in an already eventful year.

The course was inaugurated under the patronage of HRCSL Chairman, Justice Priyantha R P Perera, Commissioners Ms. Jezima Ismail, Mr. T.E. Anandarajah and Dr. Prathiba Mahanamahewa, Secretary Ms. Samanthie Jayamanne and Secretary (Legal) Mr. Nimal G Punchihewa on 15^th of October.

The course, designed in the form of six distinct modules, covered the topics International and Regional Human Rights Standards and their Development, National Regional and International Mechanisms to Protect and Promote Human Rights, Sri Lanka’s Legal Obligation to Protect and Promote Human Rights, Right to Information and Rights to Expression for the Development of a Pluralistic Tolerant and Democratic Society, Journalists’ Role as Human Rights Defenders, and Journalists’ Role in Building up a Human Rights Culture in the Country. Resource personnel included Ms. Wasantha Seneviratne, Senior Lecturer – Faculty of Law, University of Colombo; Dr. Prathiba Mahanamahewa, Commissioner – HRCSL; Mr. Nimal G Punchihewa, Secretary (Legal) – HRCSL; President’s Counsel Wijedasa Rajapakse, Chairman – Bar Association of Sri Lanka; Mr. Mahinda Hattaka, Senior Journalist, and Mr. Kamal Liyanarachchi, Complaints Officer, Sri Lanka Press Complaints Commission. spearheaded by Legal Officer Ms. Menaka Herath , Education Officer Mr. Kapilan Villavarajan, and Investigations Officer, Ms. Sulari Liyanagama, the programme also involved a series of activities, designed in keeping with current international best practices relating to training programmes.

The two-day residential training workshop ended on Tuesday, 16^th October, with an awards ceremony for participants, graced by HRCSL Chairman, Commissioners and  Secretary, who pledged the Commission’s enduring commitment to securing insightful and qualitative journalism nationwide. It was further assured that the programme, as part of a continuous engagement with media personnel, would be followed up by the HRCSL in months to come.

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HRCSL main concerns over Remand Prisoners incarcerated in prisons for a protracted period, Drug addicts mixed up with the convicted prisoners and Prisoners condemned to death due to legal implications, Institutional /reporting delays. To finalize a general recommendation based on the recent consultation, HRCSL is eager to call upon valued suggestions from the authorities to arrive at a final conclusion to issue a recommendation to the Government.

A consultation led to a series of recommendations upon the provision which detains foreigners under Immigration and Emigration Act, including recommendations on heighten security for detainees, improving access, creating a gender sensitive atmosphere, expediting the deportation and maintaining a data base on information in relation to detainees were fully implemented by the Ministry of Defence. Foreigners Detention Center as it was then called, was to receive a complete overhaul and is now renamed as the “Foreign Nationals Holding Center” at Mirihana.