Colombo, 23 May 2006
The South Asians for Human Rights (SAHR) has noted that four countries from the region have been elected to the newly formed United Nations Human Rights Council. SAHR is concerned that the human rights records of some countries is abysmal, while others suffer in areas of concern. At the same time SAHR hopes that the member states from South Asia, who are elected, will play a constructive role in the Council and more importantly that the elected member states will uphold the commitments given prior to the elections and improve their human rights record.
In recent months the government of Sri Lanka has come under pressure from the international community for upholding its commitments for the protection of human rights. In this context, SAHR notes with concern that the appointment by Sri Lankan President Mahinda Rajapakse of individuals to the Human Rights Commission of Sri Lanka, is in violation of the provisions of the constitution as well as Paris Principles which calls for the establishment of independent national human rights commissions.
An independent and effective National Human Rights Commission can play a positive role and give a direction to the government in improving the situation. SAHR is mindful of the difficult circumstances in which the government of Sri Lanka has to negotiate peace and confront violence. It is precisely for this very reason that an independent monitoring body is even more essential.
The Sri Lankan constitution has specifically entrusted the Constitutional Council with the task of recommending candidates to the HRC, before their appointment by the President.
However, members to the Constitutional Council itself are yet to be nominated and appointed and SAHR therefore urgently calls for this body to be constituted, so that subsequent recommendations and nominations to public bodies, including the Public Services Commission and the National Police Commission, can also be carried out according to proper and established procedures.
We urgently ask that President Rajapakse take steps to ensure that the selection process is carried out in a democratic, constitutional and transparent manner as called for in the Sri Lankan constitution, and that persons of repute and credibility in the human rights arena are appointed to the HRC.
In this regard, SAHR is pleased to note that Mr. S.G. Punchiheva has declined to accept his appointment, and commends him for his integrity and respect for rule of law. Previously Dr. Deepika Udagama and M. N. Selvakumaran, leading academics had also declined these unconstitutional appointments.
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