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UNHRC adopts Universal Periodic Review outcomes of Lanka, etc.
The Human Rights Council on Monday adopted the Universal Periodic Review outcomes of Pakistan, Japan and Sri Lanka.
With regard to Sri Lanka, the Vice-President of the Council said that out of the 294 recommendations received, 173 enjoyed the support of Sri Lanka, and 121 were noted.
Speaking in the discussion on the Universal Periodic Review outcome of Sri Lanka were Japan, Lao People’s Democratic Republic, Libya, Maldives, Morocco, Nepal, Nigeria, Oman, Pakistan, Philippines, Russian Federation, Singapore, South Africa and UN Women.
Also speaking were Lawyers for Lawyers, Franciscans International, Federatie van Nederlandse Verenigingen tot Integratie Van Homoseksualiteit – COC Nederland, World Evangelical Alliance, CIVICUS – World Alliance for Citizen Participation, Human Rights Watch, Christian Solidarity Worldwide, Humanists International, Stichting Global Human Rights Defence, and Amnesty International.
Consideration of Universal Periodic Review Outcome of Report
The Council has before it the report of Sri Lanka (A/HRC/53/16) and its addendum (A/HRC/53/16/Add.1).
Presentation of Report
Sri Lanka said the Government was taking significant steps to address national reconciliation issues, while at the same time making every effort to pursue economic reforms to mitigate the recent challenges faced by the country. All recommendations were carefully examined by the Government. Following this extensive process, Sri Lanka had decided to support 173 recommendations and take note of 115. There were a significant number of recommendations pertaining to the prevention of terrorism act, and the Government had undertaken to repeal the act as a voluntary pledge. Sri Lanka remained committed to pursuing efforts to achieve tangible progress in national reconciliation through domestic mechanisms with the assistance of international partners.
In guaranteeing fundamental freedoms, the Constitution of Sri Lanka provided permissible restrictions to ensure that the freedom of speech and expression, and of peaceful assembly and association were subject to such restrictions as may be prescribed by law in the interests of national security, as well as racial and religious harmony. Sri Lanka supported all recommendations received on trafficking in persons and committed to continue efforts towards combatting all forms of trafficking in persons, including of women and children. Measures were being taken to address violence against women through the adoption of a national policy on gender equality and women’s empowerment. Sri Lanka would continue to work towards implementing the recommendations that were supported by the Government.
Discussion
In the discussion, a number of speakers congratulated Sri Lanka for accepting 173 recommendations and for their efforts to promote and protect human rights in the country. Speakers hailed progress made on human rights thanks to the ratification of several international treaties. It was commendable that Sri Lanka had accepted recommendations related to poverty reduction and equal education. The country had also taken appropriate measures to ensure mental health services and to implement mental health awareness raising campaigns. Speakers hailed efforts undertaken by Sri Lanka to implement national plans to attain the Sustainable Development Goals. The country’s efforts in strengthening the social protection system and providing relief to those most affected by the COVID-19 pandemic were appreciated. The adoption of Sri Lanka’s first national action plan on women, peace and security was also commended.
Some speakers said that Sri Lanka should repeal all discriminatory legal provisions, including those in the Penal Code. There needed to be increased efforts to address gender discrimination. In Sri Lanka, lawyers were increasingly the subject of harassment and discrimination, particularly those working on sensitive cases such as minority rights. Sri Lanka was urged to implement all recommendations to protect human rights defenders and take all efforts to protect lawyers. The Government was also called on to discharge activists and protesters who were facing court cases due to arbitrary arrests, and to remove all legislation which targeted activists.
A number of speakers said the Office of Missing Persons, established in 2017, remained central to the Government’s intention to establish the fate of thousands of victims of enforced disappearance. However, it had failed to complete an investigation in even a single case, and had widely lost the confidence of victims’ families. Members of Tamil communities also continued to face harassment, intimidation and arrest for conducting events to memorialize victims of the conflict, or for staging protests demanding accountability for abuses.
The challenges faced by Sri Lanka due to the global crisis were recognized by some speakers, and it was important for the country to implement recommendations in a way that best suited their social standards. They supported the adoption of the report of Sri Lanka and wished the country every success in the implementation of all accepted recommendations.
The Vice-President of the Council said that out of the 294 recommendations received, 173 enjoyed the support of Sri Lanka, and 121 were noted.
Concluding Remarks
Sri Lanka said it was important to work towards the realisation of universal human rights based on genuine dialogue and cooperation, and devoid of politicisation, selectivity or discrimination. As the Minister of Foreign Affairs stated during the review in February, the government was keen to use this opportunity as a catalyst for the realistic assessment of challenges, to learn from the past and to build better and stronger in moving forward. Sri Lanka accepted that the primary responsibility for the promotion and protection of human rights and fundamental freedoms rested with the State concerned. States undertook this responsibility in accordance with their national policies, cultural norms and constitutional framework. Sri Lanka attached equal value to all human rights and was firmly of the view that the right to development was equally important. Sri Lanka had supported all recommendations received pertaining to human rights and the environment.
The Council then adopted the decision on the outcome of the Universal Periodic Review process of Sri Lanka.
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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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