Diaspora Lanka Report : 28 September to 31 December 2013 – Part 1

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In this edition….
…A three-day “lockdown” workshop produces inspired urban design for Mannar’s town plan
…Visible progress made on the women’s rice mill project
…A community tourism strategy gets the attention of the International Financial Corporation
…Successful overseas volunteer programs in 2013 will generate further ones in 2014

 

The past three months in Sri Lanka have been a mixed bag, of frustration and hampered progress on some of our larger projects and encouraging headway on our more community-level ventures. The political backdrop of this trip was vibrant and at times volatile due to the holding of the Northern Provincial Government elections and the Commonwealth Heads of Government Meetings (CHOGM). The Government was also preoccupied with preparations for the forthcoming return to the United Nations Human Rights Commission in March of 2014.

A highlight of this period was having 15 overseas volunteers work alongside local counterparts on a range of projects. Although our town planning initiatives didn’t quite go according to plan, Diaspora Lanka brought out 11 Australian planning professionals who assisted to fast-track the Mannar urban development plan. Two volunteers came from Estonia to work on a community tourism strategy and an English-based activity program, while two further volunteers from Vietnam and Australia focused on establishing an ‘English as a Second Language’ (ESL) program.

Other pleasing developments included the progress made on establishing a rice mill so that women made vulnerable by the war can earn a daily income and the establishment of the Computerizing Mannar Villages initiative for children and youngsters in two more remote areas of Mannar.

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The importance of Training, Operational Directives and Reporting

At both the informal consultations on implementation of the Human Rights Action Plan held at the Reconciliation Office, and the official meetings conducted at the Ministry of Plantation Industries by the Task Force of the Inter-Ministerial Committee, three factors have been stressed by many participants. The first is better training, not only for the police but also for public servants in general.

The Action Plan asserts the need for this in many places, talking not only about internal programmes but also about outside training. The institution it mentions most prominently in this regard is the Human Rights Commission, but it was also noted that agencies such as the Sri Lanka Institute of Development Administration, and universities that conduct courses in Public Policy and Management should incorporate Human Rights awareness in their programmes.

An important distinction was made however in the course of discussion, that training of officials should be not so much in awareness of human rights as in awareness of duties that ensured that human rights were protected. Whilst there is also need, and the Action Plan notes this, to educate the public about their Rights, with regard to those whose activities impact through a power relationship on others, the vital point is that they should function with sensitivity about the rights of those they affect.

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Strengthening the Human Rights Commission and cooperation with other state agencies


One area in which the Human Rights Commission has an vital role to play, in terms of the National Human Rights Action Plan, is that of training the judiciary. This cannot be done easily by another branch of government, since it would not do for the executive to trespass on the independence of the judiciary. At the same time it is important that the judiciary observes high level norms in its operations, with regard both to its professional decisions as well as the administrative rules it sets for itself.

Foremost amongst these is the need to establish a mechanism to ensure that justice is swift. The number of dates given to lawyers is positively outrageous now, but one can see why magistrates and even judges give in to pleas. In a context in which indulgence is the norm, to stand out against this is difficult. The result is endless delays in settling cases and mounting expenses for litigants, including the state.

The answer is not easy, but the judiciary, with guidance from the HRC in terms of the Action Plan, should set itself benchmarks with reporting requirements from judges and magistrates. There should be performance indicators which should be examined and upon which promotions should be granted. Fortunately the present Chair of the HRC had tried to institute something of the sort when he chaired the Judicial Services Commission, and is therefore in a good position to encourage compliance with whatever regulations can be developed.

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Strengthening the Human Rights Commission

I was delighted last week to be told that the Human Rights Commission was receiving assistance from the Asia Pacific Centre which coordinates work with National Human Rights Commissions. When, following my appointment to convene the Task Force to promote and monitor action on the National Human Rights Action Plan, I met the HRC, I had been told that such assistance had been requested. I asked for a meeting, since I believe that the HRC is one of the core elements in the promotion of Rights in Sri Lanka, but I heard nothing, and later I was told that they had said they were too busy to meet me.

It was fortuitous that I found out they were present. During the Council of Asian Liberal and Democrats Congress that was held at Colombo, I noted the presence of the UN and on checking was told that a number of UN Human Rights personnel were staying.

The Ministry of External Affairs knew nothing about this, but I then checked with the UN Resident Coordinator who was helpful as always, and said he thought it was the Asia Pacific people who were working with the HRC. The chairman confirmed this, and kindly arranged a meeting for me at short notice.

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