UN Human Rights Committee asks SL to repeal 18th Amendment to Constitution
Geneva: The United Nations Human Rights Committee, while welcoming several measures taken by the Government of Sri Lanka to ensure human rights of its citizens, asked the government to repeal the 18th Amendment to the Constitution approved by the parliament in September 2010.
Presenting the concluding observations on the fifth periodic report of Sri Lanka, the UN human rights treaty body, which reviewed Sri Lanka on 7 and 8 October, said the Committee is concerned by the 18th Amendment to the Sri Lankan Constitution which, inter alia, discontinues the Constitutional Council and empowers the President to dismiss or appoint members of the judiciary and other independent bodies.
The Committee asked the Government to take legislative and other measures to ensure transparent and impartial processes for appointments to the judiciary and other independent bodies.
It further said the Government should take concrete measures to ensure the protection of members of its judiciary from improper influences, inducements, pressures, threats or interferences, including those of the executive and/or legislature of the State party.
Addressing the issue of former combatants, the treaty body noted the measures taken by the Government for the rehabilitation and reintegration of former combatants but said it remains concerned at reports of arbitrary surveillance, torture, detention, enforced disappearances and sexual violence against them.
The Committee asked the Government to ensure that former combatants are provided with effective protection against human rights violations, including sexual violence, through the effective application of procedural safeguards and prosecution and punishment of perpetrators of such violations.
While noting that the Sri Lankan government has stipulated a ‘zero tolerance’ policy on torture, the Committee said it is concerned about reports of torture and other ill-treatment, including sexual violence, of adults as well as juveniles who are arrested and/or detained.
The Committee asked the Government to ensure the prompt, transparent and impartial investigation of any allegation of torture and other ill-treatment by an independent authority that is not connected to the prosecution of the alleged victim.
The Committee also observed that the Sri Lankan government should strengthen its efforts to guarantee de jure and de facto equality between men and women and undertake measures to raise awareness on women’s rights.
The UN treaty body also asked the Government to ensure that all members of ethnic, religious and linguistic minorities enjoy effective protection against discrimination and are able to enjoy their own religion, language and culture, and able to participate in public affairs.
Addressing freedom of expression and participation in the political process, the Committee expressed concern at widespread reports of intimidation and harassment, including physical attacks, death threats, administrative detention and politically motivated charges, against journalists, lawyers, clergymen, NGO workers and human rights defenders, by State officials.
The Committee said the Government should refrain from any measures amounting to intimidation or harassment taken against persons exercising the right to freedom of expression.
“Furthermore, it should ensure that any individual or organisation can freely provide information to the Committee and protect them against any reprisals for providing such information,” the rights committee said.
The Sri Lankan Government is required to provide, within one year, relevant information on its implementation of the Committee’s recommendations made regarding constitutional, legal framework and independence of judiciary, right to life, enforced disappearances and freedom of expression and participation in the political process.
