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SL stresses just balance between human rights and national security

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49th Geneva session:

…reiterates opposition to evidence gathering mechanism

Foreign Minister Prof. G.L. Peiris has said that as elsewhere in the world, Sri Lanka endeavoured to strike a just balance between human rights and national security when dealing with terrorism.

The Minister said so at the 49th session of the Geneva-based United Nations Human Rights Council yesterday (01)

In his presentation, the academic reiterated Sri Lanka’s strong opposition to the so-called evidence-gathering mechanism, a measure that was strongly opposed by a number of countries. Such initiatives create disharmony both in the domestic and international arenas. It creates obstacles to reconciliation efforts, breeds hatred by reopening past wounds, and polarises society

The following is the text of FM’s statement: ” Sri Lanka is an active participant in the multilateral framework to realise the promotion and protection of human rights.

Fundamental rights are embodied in our Constitution, progressively advanced through our democratically elected organs of government and enforced through our independent judiciary. Despite multiple challenges we have faced from terrorism, we have restored peace, security and the rule of law throughout the country. Our democratic traditions and independent institutions ensure free and fair elections at regular intervals through universal adult franchise. We will further advance the considerable progress we have made in post-conflict recovery and healing. For this, we have put in place domestic institutions for reconciliation, accountability and social justice.

Through this Council, we have completed three mutually beneficial Universal Periodic Reviews, engaged in constructive dialogue with the Treaty Bodies, welcomed Special Procedures Mandate Holders, and held frank and open discussions with domestic and international interlocutors. We have benefitted from the considerable expertise available with the UN on human rights including through its technical cooperation and capacity building programmes. Through the UN country team, we value the ongoing support to our domestic processes on reconciliation and achievement of SDGs.

Through this cooperative interaction, and in line with our domestic framework and international obligations, we continue to ensure the promotion and protection of human rights and social justice for all our citizens, irrespective of ethnic and religious identity and political affiliation.

Despite the economic setbacks due to the Covid 19 pandemic, we continue to ensure our people’s right to development. Sri Lanka has improved its global rank by 7 positions according to the latest SDG Report. We appreciate the contribution made by our civil society partners, through their extensive grass-roots level outreach and expertise.

As a developing Member State of the international community, we brace ourselves to face the further adverse economic consequences of crises, such as the pandemic and the unravelling conflict in Europe, which will impact on our efforts to achieve the SDGs.

We are today in a period of review of the work of the Council. We reflect on whether the Council has been successful in overcoming the credibility gap that led to the downfall of its predecessor Commission.

The multilateral architecture for the implementation of human rights was progressively developed in the last decades. Consensus was forged on key principles which we consider sacrosanct, such as that the promotion and

protection of human rights should be guided by the principles of impartiality, objectivity and non-selectivity, based on the sovereign equality of Member States. UNGA resolution 60/251 and HRC resolutions 5/1 and 5/2 also decided that the working methods of the Council shall be transparent, fair and impartial, and shall enable genuine dialogue.

In March 2021, the Council voted on Resolution 46/1 which was tabled without the consent of Sri Lanka as the country concerned. The consideration of this matter polarized and politicized this forum. In a startling departure from the mandate which the UN General Assembly originally conferred on this Council, operative paragraph 6 of this resolution refers to a so-called evidence-gathering mechanism, a measure that was strongly opposed by a number of countries. Such initiatives create disharmony both in the domestic and international arenas. It creates obstacles to reconciliation efforts, breeds hatred by reopening past wounds, and polarizes society.

Member States have mandated this Council and its Secretariat with a truly extensive array of helpful working methods to assist Governments in the promotion and protection of human rights. Sri Lanka has participated actively and constructively in those aspects of the Council’s work that have been productive and beneficial, and which have helped to ensure that our people live safer, longer, and more dignified lives. We reject those that are punitive, politicized, divisive, unhelpful and initiated due to extraneous reasons.

As elsewhere in the world, we endeavor to strike a just balance between human rights and national security when dealing with terrorism. Sri Lanka is convinced that counter-terrorism legislation must secure and protect the rights of persons subject to investigation detention and trial, and must not restrict democratic freedoms such as the freedom of expression. With these objectives in view, I recently presented a Bill in the Parliament of Sri Lanka which is an initial step in amending the Prevention of Terrorism Act, 43 years after it was promulgated.

We take particular objection to the use of voluntary funding which has the necessary consequence of undermining objectivity and detachment. Against this background, Sri Lanka once again reiterates its view that the evidence gathering mechanism established under OP 6 of resolution 46/1 is unhelpful to the people of Sri Lanka, will polarize Sri Lankan society, and adversely affect economic development, peace and harmony at a challenging time. It is an unproductive drain on Member State resources, at a time of severe financial shortfalls across the entire multilateral system including the High Commissioner’s Office.

On the 4th of March the Council will meet in an interactive dialogue on Sri Lanka. I look forward to sharing with you some thoughts on the written update on Sri Lanka.”



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Govt. assures UN of readiness to introduce ‘vetting process’ for troops on overseas missions

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Thuyakontha

Defence Secretary (retd.) Air Marshal Sampath Thuyakontha has discussed with UN officials in New York the deployment of Sri Lankan troops in Haiti, under a new UN authorised force, tasked with tackling heavily armed gangs operating in the violence ravaged country.

The UN is in the process of building up a force comprising approximately 5,500 officers and men for deployment in Haiti.

The Sri Lankan delegation included Sri Lanka’s Permanent Representative to the UN, former Chief Justice Jayantha Jayasuriya. The UN has tagged the deployment Gang Suppression Force (GSF).

According to the Defence Ministry, Sri Lanka negotiated a Memorandum of Understanding (MoU) regarding the GSF. Although Sri Lanka has contributed to UN-led missions, the proposed deployment differed due to the nature of the operation, sources told The Island.

The delegation has assured that all personnel, assigned for UN missions, including the proposed GSF deployment in Haiti, would be subjected to a comprehensive screening process, in line with UN standards. War-winning Sri Lanka has declared, in New York, that the country was in the process of developing, what the Defence Ministry here called, National Human Rights Vetting Mechanism in consultation with the UN Resident Coordinator in Colombo.

The US has backed the deployment of Sri Lankan troops under UN command. Various interested parties, over the years, protested against the deployment of Sri Lankan troops on the basis of unsubstantiated war crimes allegations.

Thuyakontha has assured that troops would maintain highest standards of discipline during overseas missions. Sri Lanka brought the war here to a successful conclusion in May 2009 against predictions of contrary outcome by so-called experts.

The US and Panama proposed the GSF to replace a Kenya-led multinational force undermined by a lack of funding. Its strength hovered around 1,000, rather than the desired 2,500. The U.N. Security Council authorised the 5,500 strong force on September 30, 2025, with the new power to arrest gang members.

By Shamindra Ferdinando

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Lawyers cannot be denied right to represent a suspect – Udaya

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Sallay

Sallay’s case:

Attorney-at-law Udaya Gammanpila yesterday (27) said a lawyer could not be deprived of his or her right to represent a client.

The former Minister and leader of Pivuthuru Hela Urumaya (PHU) Gammanpila said so addressing the media at the party headoffice at Pita Kotte. Gammanpila was responding to recent media reports that he had been prohibited from representing retired State Intelligence Service (SIS) Chief Maj. Gen. Suresh Sallay. Therefore, there was absolutely no basis for claims that he had been barred from meeting the retired officer, now named the third suspect in the Easter Sunday case, the ex-parliamentarian said.

Gammanpila emphasised that in terms of the Constitution a suspect’s right to be represented by a lawyer was recognised as a fundamental right. The Criminal procedure Code, too, guaranteed the suspect’s right to consult a lawyer, the ex-lawmaker said, pointing out that the Judicial Organisation Act underscored the same.

Declaring that the retired officer’s wife had named him as Sallay’s lawyer in a letter addressed to Director, CID, Gammanpila said that the courts, police and the Attorney General’s Department couldn’t under any circumstances interfere with his right to represent Sallay.

The CID arrested Sallay on 25 February and detained him under Prevention of Terrorism Act (PTA) for a period of 90 days. Sallay has filed a writ petition before the Court of Appeal through his lawyers, challenging his arrest and detention by the CID under the PTA.

Former Minister Gammanpila said that even if a Magistrate had the power to prohibit a lawyer from representing a particular suspect, such a course of action couldn’t be resorted to without giving the lawyer concern an opportunity to explain his/her actions.

Declaring that in case of misconduct on the part of a lawyer only the Supreme Court could take disciplinary action, the PHU leader said, adding that he sought a certified copy of the proceedings of the day when a section of the media reported the Magistrate’s declaration of the purported ban. Gammapila said that he was really keen to know what happened during the proceedings on that day.

Sallay served as Director, Directorate of Military Intelligence (DMI) from 2012 to 2016 and received the appointment as head of SIS following the 2019 presidential election. Sallay held that appointment till early October, 2024.

Gammanpila said that he couldn’t be barred for speaking to the media after meeting Sallay, currently held under PTA, or for authoring a book on the 2019 Easter Sunday carnage. According to Gammanpila as long as the suspect had no objections to his lawyer sharing some information with the media it shouldn’t be an issue for Additional Solicitor General Dileepa Peiris.

By Shamindra Ferdinando

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Police seek Interpol help to probe monks nabbed with narcotics at BIA

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Police investigating the thwarted a bid made by 22 Buddhist monks to smuggle in narcotics, with a street value of Rs 660 mn via BIA, from Thailand, over the weekend, believe the monks who organised the clandestine operation had sent groups of monks to Thailand before.

Sources said that they had brought in narcotics on earlier occasions.

Police have seized the mobile phones used by the suspects and sought INTERPOL assistance.

Earlier, the Negombo Magistrate’s Court remanded those 22 monks, arrested in connection with the largest drug bust in the airport’s history.

The monks were produced before the Negombo Magistrate’s Court and ordered to be held in custody until 02 May, as investigations continue into the alleged smuggling operation and any wider networks involved.

However, other sources said that more than 110 kilogrammes of suspected Kush and Hashish, with an estimated street value exceeding Rs 1.1 billion, had been found, concealed in false-bottoms of their suitcases. The bags reportedly packed with school supplies and sweets are said to have contained over five kilogrammes of narcotics per individual.

The arrests followed a raid by the Police Narcotics Bureau on Saturday night. Investigators have also recovered mobile phone evidence indicating that the group had travelled to Bangkok on 22 April using airline tickets allegedly given by a sponsor. Authorities allege that the suspects were photographed in civilian clothing, while overseas, engaging in activities deemed suspicious.

Police say this marks the first reported instance of a large-scale narcotics operation via the airport involving Buddhist monks. The suspects are young monks from different parts of the country.

By Norman Palihawadana

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