{"id":50811,"date":"2017-01-14T20:14:05","date_gmt":"2017-01-15T01:14:05","guid":{"rendered":"http:\/\/dbsjeyaraj.com\/dbsj\/?p=50811"},"modified":"2017-01-14T20:14:05","modified_gmt":"2017-01-15T01:14:05","slug":"several-ministers-raise-issues-about-some-provisions-in-proposed-300-page-national-human-rights-action-plan","status":"publish","type":"post","link":"https:\/\/dbsjeyaraj.com\/dbsj\/?p=50811","title":{"rendered":"Several Ministers Raise Issues About Some Provisions in Proposed 300 Page National Human Rights Action Plan."},"content":{"rendered":"

Govt ministers at their weekly meeting discussed the National Human Rights Action Plan (NHRAP) 2017-2021. Its urgency has been underscored by European Union\u2019s initial moves to restore to Sri Lanka the General System of Preferences (GSP plus).<\/p>\n

The NHRAP report runs into more than 300 pages and several ministers raised issue over what they perceived as controversial provisions. Among them were Patali Champika Ranawaka, Susil Premajayantha and Mahinda Samarasinghe.<\/strong><\/em><\/p>\n

One provision that was described as controversial was the introduction of a State of Emergency only after Parliament votes with a two thirds majority. Ministers called for the withdrawal of this provision.<\/p>\n

Among the other recommendations were:<\/strong><\/p>\n

<\/p>\n

\u2022\tRepeal the Vagrants Ordinance of 1842, used specifically against street sex workers and transgender persons.<\/p>\n

\u2022\tReform the Evidence Ordinance to remove discriminatory provisions on credibility of women\u2019s evidence including the need for independent corroboration.<\/p>\n

\u2022\tInitiate reform of Muslim personal laws based on recommendations made by the Independent Committee on Muslim Personal Law Reforms (2010)<\/p>\n

\u2022\tTake steps to ensure that employers in public and private sectors introduce mandatory guidelines and appoint committees to respond to sexual harassment and abuse of women in consultations with trade unions and Employers Federation.<\/p>\n

\u2022\tThe exception in regard to girls below 12 years to accommodate Muslim personal law to express a general norm in the way that has been done in other areas of criminal justice system.<\/p>\n

\u2022\tCriminalise marital rape without any exceptions, including where spouses are judicially separated.<\/p>\n

\u2022\tDecriminalise homosexuality by repealing Section 365A of the Penal Code to conform to Article 12 of the Constitution.<\/p>\n

\u2022\tBroaden the definition of torture in the Torture Act to include non-state actors and to recognise sexual violence as a form of torture, in line with jurisprudence on Article 11 of the new Constitution on the right to freedom from torture. Alternatively, enact a separate offence of torture under the Penal Code that will cover state and non-state actors as well as sexual violence.
\n<\/em><\/p>\n

In a two-page Cabinet Memorandum, Foreign Minister Mangala Samaraweera introduced the 300 page NHRAP. He noted \u201c\u2026the purpose of the Human Rights Action Plan 2017-2021 is to address all relevant human rights concerns, in keeping with the policy of the National Unity Government to uphold, strengthen, promote and protect the human rights of the people of Sri Lanka. <\/p>\n

It would provide a blueprint for the conduct of human-rights related interventions and activities for the benefit of the people of Sri Lanka while ensuring the securing and sustaining trade facilities such as EU GSP plus as well as foreign investment. Further, it would facilitate Sri Lanka\u2019s engagement with Human Rights Treaty bodies and other special procedures and mandates addressing human rights as well as the Universal Periodic Review.\u201d<\/p>\n

President Sirisena observed that the NHRAP should not be accepted only as a means of seeking restoration of the GSP Plus from the European Union. Irrespective of that aspect, he declared, its aim should be to protect human rights. He asked that the issues raised by ministers over the NHRAP be discussed with Premier Wickremesinghe and the necessary amendments made. This is before the plan comes up for final approval at next Tuesday\u2019s weekly ministerial meeting.<\/p>\n

A three member team of SLFP ministers met Premier Wickremesinghe at Temple Trees last Friday to discuss changes in the NHRAP. They were Susil Premajayantha, Mahinda Samarasinghe and Faiszer Musthapha. Also present was the acting Foreign Minister Harsha de Silva.<\/p>\n

One of the provisions that has been excluded is the requirement that there should be a two thirds vote in Parliament to declare a State of Emergency. The existing provisions in the Law are to remain.<\/p>\n

Another is not to decriminalise homosexuality. Officials present at the meeting have been told to make the changes in the plan and forward it for approval by ministers next Tuesday.<\/p>\n

The political developments in the past many days have bared an important aspect. Contradictions are galore with Ministers, deputies and other politicians making different remarks on the same issue. <\/p>\n

The confusion apart, the people are unable to discern which the Government\u2019s official position is and which is not.<\/p>\n

Some ruling party politicians have found the easy way out \u2013 blame such reportage on the media. <\/p>\n

When there is no way out of the growing embarrassment, kill the messenger seems an age-old philosophy.<\/p>\n

Courtesy;Sunday Times<\/em><\/p>\n

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Govt ministers at their weekly meeting discussed the National Human Rights Action Plan (NHRAP) 2017-2021. Its urgency has been underscored by European Union\u2019s initial moves to restore to Sri Lanka the General System of Preferences (GSP plus). The NHRAP report runs into more than 300 pages and several ministers raised issue over what they perceived …<\/p>\n

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