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Much of this series has been about my personal travels, and the slow but steady dissolution of the world I had known. To dwell only on these would however give a misleading impression of what occupied me most during the years from 2012, when I began to realize that my efforts to promote reform were getting nowhere. But that realization took time to crystallize and, in the period when I continued in Parliament on the government side, I tried hard to effect some changes.

It was something I felt that the National Human Rights Action Plan, which we had begun drafting when I was Secretary to the Ministry of Disaster Management and Human Rights, was finally adopted by Cabinet. There was no Ministry of Human Rights following the 2010 election, and it became clear that the Ministry of External Affairs, to which in theory the subject had been entrusted, was neither competent nor concerned. Minari Fernando, the Consultant we had taken on to draft the plan, found it impossible to work from there, but fortunately Mohan Pieris, as Attorney General, took on responsibility, though he was too busy to attend meetings and I had to do most of the work. But he allowed the more able members of the Department such as Yasantha Kodagoda to contribute, and with yeoman service from Dhara Wijayathilaka and Hiranthi Wijemanne, who had been deeply involved in improving the lot of women and children for many years now, we got a good draft together.

After it was adopted, Mahinda Samarasinghe, who had been made the President’s Special Envoy on Human Rights when the failure of the Foreign Ministry became obvious, was appointed to chair an Inter-Ministerial Committee on implementing the Plan. That did not I think ever meet, but he appointed a Task Force to expedite implementation, and asked me to help. By then I had realized how insincere Mohan Pieris was, so I told Mahinda I would do this only if I chaired the Task Force. Mohan was clearly upset, and said at the meeting at which Mahinda asked me to take over that I could be a bloody nuisance, but he made no further objection, and for a few months we were able to work towards consensus on many issues.

But before long it became clear that, to expedite action, we needed a dedicated Ministry as we had had before. Though Secretaries to Ministries seemed most cooperative, in particular the Secretaries to the Ministries of Land and of Women and Children’s Affairs, the representatives they sent to meetings could not ensure follow up. In some cases there was vast confusion about who was responsible, given the proliferation of Ministries, and the plethora of Departments within Ministries. We also had to cope with a very conservative Ministry of Justice, which seemed determined for instance not to repeal the horrendous Vagrants’ Ordinance, on the grounds that that was the only way to control prostitution. The fact that it was used to remand women at will, with no provision for checking on their fate, while prostitution flourished in various forms, was ignored. Read the rest of this entry »

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The latest pronouncement of the UN High Commissioner does not bode well for Sri Lanka. The immediate reason for this is the impeachment of the Chief Justice, but if reports in the papers a couple of weeks back are inaccurate, she has been simmering for some time.

It was reported that she had sent a letter suggesting visits by what are termed Special Procedures, but the response she had received had ignored this and simply suggested that she visit us soon. We knew at the last meeting of the Inter-Ministerial Committee to implement the National Human Rights Action Plan that there had been a letter, but what was being done was not made clear.

This seemed a bit hard on Minister Mahinda Samarasinghe who has been the ministerial envoy to the Human Rights Council for well over half a decade now. It would obviously make sense to keep him in the loop, and indeed consult him about our official position but, as I have noted before, coordination is not something common in Sri Lanka.

This is particularly hard on him now, because he has lost his principal ally in recent years in dealing with problems in Geneva. Mohan Pieris began to join us in Geneva in Dayan Jayatilleka’s time even before he became Attorney General, and continued to attend every session since then, including when Mahinda Samarasinghe was not deployed. He was obviously a crucial player when he was Attorney General, and perhaps even more so afterwards, when he chaired the Inter-Ministerial Committee to implement the Interim Recommendations of the LLRC, and now that he has been in virtual charge together with the President’s Secretary of the LLRC Action Plan. However as Chief Justice he will probably not be able to be on the delegation, which will be tough on Minister Samarasinghe.

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Rajiva Wijesinha

May 2019
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