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Sri Lanka concludes UPR in Geneva without hassle
Sri Lanka concluded its 4th Cycle of the Universal Periodic Review (UPR) during the 42nd Session of the UPR Working Group on 01 February in Geneva, Permanent Mission of Sri Lanka to the UN said yesterday in a press release.
Sri Lanka’s National Report was prepared by the Ministry of Foreign Affairs with input from government ministries and agencies through an inclusive and broad-based process where civil society organizations and the National Human Rights Commission of Sri Lanka were also consulted.
The UPR is conducted as a review mechanism by the UPR Working Group of the UN Human Rights Council in four year cycles. Sri Lanka’s last UPR review was in 2017.
Delivering the opening statement via a pre-recorded statement, the Head of Delegation, Foreign Minister Ali Sabry highlighted the progress and achievements made by Sri Lanka since its last review including the implementation of the recommendations accepted. Sri Lanka envisages 2023, the 75th anniversary of independence, to be a year of socio-economic stabilization, reconciliation, and recovery. The Minister also said that “it is important to learn from the past, and it is equally important to move on, to build better and stronger.”
The Permanent Representative to the UN in Geneva Ambassador Himalee Arunatilaka highlighted legislative and policy measures implemented by Sri Lanka during the reporting period including the 21st Amendment to the Constitution, strengthening efforts on the reconciliation processes and the national independent institutions.
The Sri Lanka delegation responded to the queries and comments from the floor ranging from issues relating to inter alia freedom of expression and assembly, the Prevention of Terrorism Act (PTA), migrant workers, rights of minorities, combating corruption, social protection, rights of women, persons with disabilities, children, food security and progress achieved on SDGs.
The Review was conducted in a constructive atmosphere with the participation of delegates from 106 countries providing their appreciation, comments and recommendations covering a broad range of issues on the floor. Appreciation was expressed for the implementation of recommendations accepted by Sri Lanka in the 3rd Cycle, despite the socio economic challenges posed by the COVID pandemic and global crises.
Sri Lanka’s neighbours were supportive of the actions the country has taken. Bangladesh welcomed efforts “to establish gender equality, and curb gender based violence”. Bhutan commended Sri Lanka for its “concerted efforts and progress in implementing its human rights obligations despite the enormous socio-economic challenges.” Nepal welcomed the adoption of the National Nutrition Policy. India “took note of the engagement by the Government of Sri Lanka with members of the international community and other organisations on various aspects of human rights situation and reconciliation issues in Sri Lanka.” Maldives congratulated the Government for “introducing a policy for Gender Mainstreaming in all sectoral Ministries that includes the establishment of gender focal points, gender-responsive budgeting and anti-sexual harassment committees.” Pakistan appreciated “Sri Lanka’s continued cooperation with UN human rights mechanisms” while also welcoming “legislative, administrative measures such as the enactment of the Prevention of Terrorism Act (Amendment) Act No 12 of 2022, 21st Amendment to the Constitution and measures under National Anti-Human Trafficking Task Force”.
Japan appreciated “the positive steps taken by Sri Lanka since the previous review cycle, including the implementation of Amendments to the Prevention of Terrorism Act”. Japan said it “considers it important that the international community support Sri Lanka’s own efforts to foster reconciliation in the country”.
China, Russia, Cuba, Venezuela and Malaysia made supportive statements on Sri Lanka’s efforts.
Several other countries commended Sri Lanka’s continuous efforts to promote human rights of its people, in particular the adoption of the 21st Amendment to the Constitution, work of the independent commissions and domestic reconciliation efforts including the work of the OMP, OR and ONUR. Countries also underlined the importance of the promotion and protection of the rights of children, women, and persons with disabilities, older persons and migrants. Many countries appreciated the constructive engagement of Sri Lanka with the UPR process and the efforts taken in preparing the national Report.
While thanking all Government and civil society partners who engaged in the UPR process and the delegations who spoke during the Review, Sri Lanka’s Permanent Representative in Geneva said that Sri Lanka will carefully consider the recommendations received.
In closing the Review, the President of the Council and Chair of the Session, PR of the Czech Republic thanked the Sri Lanka delegation for its engagement and readiness to answer all questions and comments, as well as the preparations which he said were done “in an excellent manner.”
The delegation of Sri Lanka was led by Foreign Minister Ali Sabry. The delegation in Geneva comprised the Permanent Representative of Sri Lanka to the UN in Geneva, senior officials from the Presidential Secretariat, the Attorney General’s Department, Ministry of Foreign Affairs and the Permanent Mission of Sri Lanka to the UN, as well as over 20 line Ministries joining virtually from Colombo.
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Unions resist tripartite EPF management plan
… warn of dire consequences
A group of trade unions and civil society groups has requested President Anura Kumara Dissanayake to abandon his government’s controversial plan for the proposed tripartite management of the EPF.
The group has told the President: “We strongly object to the government’s plan to transfer the EPF to a tripartite board—jointly promoted by the Employers’ Federation of Ceylon (EFC), International Monetary Fund (IMF) and the International Labour Organisation (ILO)—and to increase the investments of those funds within private equity and debt markets.
“While the EFC and the government jointly project this plan as a ‘modern governance framework’, it poses a serious threat to the EPF’s financial stability, fiduciary conduct, and returns to workers’ life savings, with severe consequences for broader macroeconomic stability. Rather than replacing the corruption existing in the public sector, this tripartite framework paves the way for a corporate takeover of the EPF. Through this, the fund is exposed to unlawful business practices such as insider trading using internal information of EPF investments, conflicts of interest and corporate bailouts of unstable private companies.
“Sri Lanka’s corporate sector has a tremendously negative track record, which you alluded to during your victorious election campaign in 2024. This was recently unravelled by the multi-billion-dollar illicit capital flight through trade misinvoicing, which your administration is now actively working to curb in the imports sector.
“The recent banking sector fraud exceeds Rs. 13 billion; widespread corporate tax evasion destabilised the fiscal position (Sri Lanka Auditor General’s Department Annual Reports) and consequently inflated the tax burden on the general public. The EFC has found it convenient to remain silent about these crimes, possibly assuming that their silence would preserve their social standing. Considering this inherent corruption within Sri Lanka’s corporate sector and its disregard to the living standards of the general public, there is no realistic basis to integrate corporate interests to actively manage the EPF. The corporate sector of Sri Lanka has not developed sufficiently on technical and ethical grounds to safely entrust the largest retirement savings pool in the country. The EPF is a captive fund that has no mechanism for the owners to divest if the management is corrupt. This further increases the possibility of corporate fraud when the management of the fund is jointly held with the corporate sector.
“Furthermore, during the recent public discussion with trade unions, Deputy Minister of Finance Dr. Anila Jayantha pointed out that the domestic debt restructuring (DDR) would inflict a loss of Rs. 600 billion to the EPF. Our independent calculations—formally submitted as an affidavit to the Supreme Court approved by the Federation of University Teachers’ Associations in 2024—reveal that nominal loss alone is Rs. 634.4 billion. When factoring in foreclosed reinvestment returns, the true loss skyrockets to Rs. 1,711 billion, wiping out 48% of the fund’s projected gross income for the 2023 – 2028 period. Under the pretext of safeguarding the banking system, this colossal robbery preserved high yields on government bonds held by commercial banks and high-net-worth individuals, subsequently reaping them astronomical profits. Now, the exact same plunder is rearing its head again disguised as a tripartite committee.”
“The main arguments supporting our resistance and viable alternatives for optimising EPF management directly under the Central Bank of Sri Lanka (CBSL), are outlined below.
“Objections to the government’s tripartite proposal:
1. The “International best practice and conflict of interest fallacies”
The government holds that tripartite management of pension funds is the “international best practice” and that there is a “conflict of interest” in CBSL managing the EPF. They are key pillars justifying government’s tripartite proposal.
These two positions are shockingly misleading given that four of the five largest pension funds in the world, in Norway, Japan, the U.S., and Singapore, are managed directly by state bodies or central banks. Therefore, ‘international best practice’ in pension fund management is the exact opposite of what the government and the IMF are proposing. We hence reject these baseless positions.
2. Corporate captivity and bailouts
It is clear that the EFC is desperately pushing for this proposal at a time of global uncertainty, to cushion the effects of the crisis and maximise gains. Under corporate influence within the proposed tripartite board, the private conglomerates can use the multi-trillion-rupee EPF to continue their unstable commercial operations without having to risk their own capital or savings to do so. This will severely erode the financial stability of the EPF and its returns.
3. Risk of front running
“Because the EPF is a colossal fund, its investment decisions can alter asset prices. This creates immense monetary value for the information generated by its investment decisions. Corporate representatives on the proposed tripartite board will be perfectly positioned to use this information to trade ahead of the EPF (front-running), buying assets cheaply and dumping them onto the EPF at inflated prices for guaranteed corporate gain, resulting in a reduction of returns to the EPF.
4. Unavoidable loopholes
“Presence of a separate group of investment analysts, trade union representatives and government officials within the proposed tripartite structure cannot prevent pre-market corporate access to EPF’s investment decisions. Investment proposals made by the analysts has to be first approved by the proposed tripartite committee, making it impossible to prevent corporate access to insider information on EPF investments.”
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