8/3/2019 Letter From the NHRCSL to Ruki-23.11

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23.11.2011@ g'eDl @lelogalrdrana Loafl5Human Rights

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Mr. Ruki Fernando,Head, Human Rights Conflict Programme,Law & Society Trust,3, Kynsey Terrace,Colombo 08Dear Sir,HRCSL RESPONSE TO LAW & SOCIETY TRUST LETTER AND DISCUSSIONThe Human Rights Commission of Sri Lanka (HRCSL) has decided to respond to your letter of2nd August 201 I and place on record certain facts pertaining to your aforesaid letter and yourdiscussion with the Commission on Il'n July 201Lin the lirst instance we have to record our position concerning tite matter mentioned as lbllor,vs inparagraph 3 of your letter & subtitled: "General Comments" :-

"The last meeting that I had with the Chairman and Commissioners resulted with (sic) theCommissioners threatening me with contempt, due to my assertion that their appointmentwas unconstitutional. lt is my hope that interactions with you and the newCommissioners will not lead to such irrcidents". (Emphasis added)

At this stage we wish to emphasize the fact that the Chairman and the members of theCommission have been duly appointed and If you have any doubts about it the HRCSL is not theproper forum to challenge it, as you would know as any attorney-at-law'The Commission granted an opportunity for you to discuss human rights problems as a matter ofcourtesy and openness even without verifying any details about your organization vis-d-vis itsfunctioning, membership, constitution or registration under the relevant Act.Be that as it may, your letter contains many aspects that go beyond our capacity to entertain orattend to in terms of the HRCSL Act under which we function, In fact many of those are mattersthat may be taken up by civil society organizations with the government or placed before civilsociety to be released through a democratic rnethodology and process.A few exbmples of such matters that go beyond the purwiew of the HRCSL Act under which thisCommission operates are :

rb5eo)o tD)bcs)e6: o.to 36, 6'6 o)o, oto)go 08dlrygnor ergyeueuaLb: 36, dlairen9 erl$' Glenqg6q--08Head Office: No. 36, Kynsey Road, Colombo 08 Sri Lanka

Tel: 94-11-2694925, 2685980, 2685981, 2685339 Fax: 2694924Chairman - Tel: ++ 94 011 2696470 E-mail: sechrc@sltnet.lkSecretary - Tel : ++ 94 011 2685337Hotline Tel: ++ 94 011 2689064 Web :www.hrcsl'org

8/3/2019 Letter From the NHRCSL to Ruki-23.11

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l. " To inform civil society and general public, the position of the HRC with regard toratification of the Optional Protocol to Convention against Torture and Conventionagainst Disappearances". (Emphasis added)

2. "To inform civil society and general public. the position of the HRC with regard tothe need for a 'Right to Information Act' and ' Victim and Witness Protection Act' inSri Lanka. (Emphasis added)3. "To inform civil society and seneral public. whether the HRC intends to investigateallegationd of violations of human rights and humanitarian law during the last phaseof the war in 2009, contained in the video documentary screened by Channel 4" etc.(Emphasis added)

In any case, the Commission has already gone into and continues to go into complaints regardingalleged incidents during the final stage of the northeast war and even before or after its finalstage. The Commission has also taken steps to ensure non-violation of human rights, by visitingpolice stations, camps where people are being detained and places where internally displacedpersons are constrained to live.Furthermore, rnany of the matters you have raised in your letter refer to the period prior to theappointment of the present members of the Commission, in February 2011. However, thosematters are being looked into and dealt with, along with the heavy work-load regarding freshcomplaints.We would also like to enlighten you regarding the project we have already commenced todisplay on the HRCSL website - for the information of the media and the people - reports ofinquiries conducted and awareness programmes undertaken by the Commission, so that it willnot be necessary to inform about such matters to individuals or civil society organizations asstressed in you r letter.As far as amendments required to update the HRCSL Act are concerned, the Commission hopesto make certain recommendations to the government, in due course. We understand fully that nosociety is static but always changing along with its beliefs and concepts - political or otherwise -also changing accordingly. The HRCSL too has come into existence as a result of the sameunchangeable phenomenon of change. Developments and improvements in the sphere of humanrights will follow suit, inevitably and eventually. It will be so even in the case of internationallyaccepted human rights.Accordingly, the HRCSL will suggest amendments to the HRCSL Act in due course in keepingwith the changes taking place in the sphere of human rights nationally and internationally.Yours

Justice Priyantha R P PereraChairman

Human Rights Commission of Sri Lanka