European Parliament 2014-2019
Delegation for relations with the countries of South Asia
DSAS_PV (2016)1031
MISSION REPORT
of the Interparliamentary meeting of 31 October - 3 November 2016 in Sri Lanka (Colombo, Trincomalee and Batticaloa)
by
Jean Lambert, Chair of the Delegation
01/12/2016 KA/am
PV\1111396EN.docx PE593.040v01-00
EN United in diversity EN 8th EU/Sri Lanka Interparliamentary Meeting
Overall assessment
Since January 2015 and the defeat of former President Rajapaksa, a number of positive developments have taken place and are undertaken by the government. This mission was a very timely one to get an impression of the state of play of the reforms undertaken so far. They are currently preparing the revision of the constitution, the reconciliation process has seen its first steps and there is an increasingly confident civil society which is scrutinising the entire process. On the economic side, Sri Lanka is committed to undertake the needed reforms to get the GSP + (Generalised Scheme of Preferences) status back, which is very important especially for the garment sector. In a long-term perspective, the ambition is to transform Sri Lanka into the gateway to the South Asian market, similar to Singapore today. They are currently negotiating Free Trade Agreements with China and Singapore which could be concluded early next year.
While lots of reforms are planned (and vividly discussed) to advance Sri Lanka on its path to more democracy, a limited amount has been delivered so far by the unity government. The will of the government for change is certain, but difficult to put in practice against the fierce opposition of former President Rajapaksa’s followers and the fact that the whole administration, responsible for implementation of reforms, still remains nearly the same as before with a cautious appetite - if any - to embrace change. The corruption problem is still a significant issue.
During its mission, the EP delegation held extensive discussions with a number of government and parliament representatives, including Prime Minister Ranil Wickremesinghe, Foreign Minister Mangala Samaraweera, Opposition Leader R. Sampanthan, the Northern and Eastern Provinces Chief Ministers, as well as different civil society organisations and UN representatives. The delegation visited EU-funded projects on counselling, resettlement of IDPs (internally displaced peoples), dairy production and waste management in Trincomalee and Batticaloa in the East. (cf reporting sheet).
PV\1111396EN.docx 2/13 PE593.040v01-00 EN On reconciliation
The process will be a very long one. The government is making efforts such as release of private and state land, but many of the interlocutors, especially during the field trip to the East, underlined that the process is by far too slow, the resettlement of IDPs is difficult and the ongoing presence of the military with its links to the local economy is still massively hampering the way towards normality in the East and the North, the most affected regions by the nearly three-decades long civil war. The Chief Minister of the North was very clear in his message saying that “the government has never given anything to the North if not forced”.
Positively noted on reconciliation was the clear outreach of the government to the international community, which is illustrated in co-sponsorship of the UN Human Rights Council (UNHRC) resolution in Geneva in September 2015 that sets out a series of national reconciliation and other human rights commitments. The resolution proposes an architecture for a transitional justice process instituting good governance policies to reverse the increased power consolidation and corruption seen under the Rajapaksa administration. A key element in this regard was the 19th Constitutional Amendment shifting power away from the Executive and re-instating the Constitutional Council responsible for proposing independent appointments to key institutions such as the Human Rights Council and the Attorney-General and thereby facilitating the work of independent oversight commissions.
But still a lot needs to be done to meet the UNHRC resolution providing a programme of national reconciliation. There are encouraging signs. The bill installing the Office of Missing Persons was passed by the parliament in August and was very positively commented on by the media and civil society. It is considered as a first step in a process including a Truth Commission, a reparations committee and a judicial mechanism for war crimes and human rights violations.
Also the Prime Minister initiated an 11-Member task force composed by civil society to lead a public consultation on the expectations and how to best address the 4 mechanisms of the UNHRC resolution. This month they will provide a report to the Prime Minister. While they were positive about the initiative as such, they also had some concerns about non-distinction between the different concerns in the North and the South in the consultation as well as the fact that there were no victims included in this task force.
The government has extended invitations to all UN Special Rapporteurs (SR), and after UNSG Ban Ki-Moon’s visit in September 2016, the SR responsible for transitional Justice was just in the country before the EP mission. These reports will feed into the first comprehensive report on the implementation of the resolution to be presented during the UNHCR March Plenary 2017. Also interesting to note that this first report coincides with the GSP+ decision being discussed in the EP. But as was underlined, to the Delegation all these reforms will have to be implemented against the backdrop of a lack of administrative capacity, a lack of coordination and the current weakness of the judicial instruments.
PV\1111396EN.docx 3/13 PE593.040v01-00 EN Human rights / empowerment of women
From the civil society, there are clear expectations towards the government on delicate issues such as war criminals, transitional justice and the need for truth on the past. While acknowledging that the climate has changed in comparison to the previous regime, they are stressing a lack of action, of coherence within action and of communication. This hampers the ownership process and brings the risk of alienation. At the same time, civil society also acknowledges that concerns brought forward from the North and the South are very different and they need to find a common strategy for articulation of their concerns.
Torture and sexual violence still remain a concern, in the conflict areas as well as in the justice system. The UN representatives, while underlining the great opportunity on reconciliation with the current government also indicates a worrying increase in extremism, on different levels. In a recent UN peace building survey, 41 % of the participants admitted an open attitude towards violence. On the one hand, there is the nationalist movement linked to former President Rajapaksa and looking for reversal of the political situation. There are also ongoing tensions in the North. During their stay the delegation heard of massive demonstrations in Jaffna following the shooting by the police of two students in Jaffna under unclear circumstances. And on the other hand, religious violent extremism is increasing with the radicalisation of monks and the support to Daesh through a minority of the Maldivian community in Sri Lanka.
There is a deeply embedded discrimination against women, which hits particularly the numerous female-headed households in the North and the East. The cabinet recently approved an action plan on gender equality which will now have to be implemented within Sri Lanka’s 25 districts. Also with regard to politics, there is a strong need for women’s empowerment, as it was already stated in the recommendations on the EOM on the parliamentary elections in 2015 (cf reporting sheet). While there is since recently a caucus of women in the parliament, out of 225 Members, only 13 are female Members. In this regard the delegation welcomed that the government took the initiative that very week to improve woman’s political empowerment by amending the Local Authorities Act to reserve at least 25% of political representation in local government for women. But still more needs to be done to ensure that women participate in an equal manner in public, economic and social life.
On Prevention of Terrorism Act (PTA) & Criminal Procedure Code (CPC)
The delegation underlined in its meetings that the PTA raises serious concerns, especially with regard to Sri Lanka’s GSP+ application. Under the current PTA, detention without charges is allowed for 18 months and arrests have still been taking place under this legislation. The government explained that they have prepared a draft white paper for a more inclusive approach, and the Prime Minister shared the draft with the EP delegation. At a first glance, this draft at the current stage does not address the concerns of the International Community and does not bring the new Counter Terrorism Law in line with the international standards. The delegation raised on multiple occasions the fact that in this regard the GSP+ negotiation could be affected if there is not an ambitious draft in line with international standards. A group of UN experts was due to arrive in Sri Lanka the week after our visit to discuss this and other legislation. As further delays are to be expected, this piece of controversial legislation - initially foreseen for January 2017 - might be in the Sri Lankan parliament at the same time as the EP is discussing the Sri Lankan application for GSP+.
PV\1111396EN.docx 4/13 PE593.040v01-00 EN Also regarding the CPC, the delegation got assurance from the Prime Minister that a tabled proposal denying access to lawyers will be withdrawn. Indeed, the bill does not provide the right for access to a lawyer immediately following the arrest, while reports show that cases of torture may happen at that stage. More importantly, this would be in violation of the International Covenant on Civil and Political Rights (ICCPR). This provision was already criticised by the European Commission in 2010 as one of the necessary actions for Sri Lanka to retain GSP+ access at that time, and will be for sure be scrutinised also under the current reapplication process.
On the drafting of the new Constitution
The Government has launched the process of writing a new constitution, in order to provide a sound foundation for Sri Lanka's further democratisation. Some of the key elements are 'devolution' of power to the provinces, in order to ensure more autonomy and resolving the balance between central and provincial authority. This concerns moving more power to the North and East as part of a political settlement with the Tamil community. These changes would not only take on board the political claims of the Tamil National Alliance (TNA) and other representatives of the rights of the Tamil population such as the Chief Minister of the North, but also rebalance power generally in Sri Lanka. The new constitution should also address electoral reform and anchor fundamental human rights issues.
On the process of the drafting of the constitution itself, several representatives of civil society stated a clear lack of a communication plan from the government to the public and also a lack of ownership of the process within the parliament. There is in general a feeling by civil society that the people are not being included sufficiently in the drafting process. In this regard, the Foreign Minister announced the launch of a communication strategy on the Constitution for 8.1.2017. The Deputy Speaker of the Parliament underlined the need for consensus in the drafting also in the relevant oversight committees, as otherwise there is a lack of credibility and the risk of rejection by the population. In general, there are two attitudes among the politicians on prioritising the next steps: first the new Constitution, and then the reconciliation, or vice versa.
It should also be noted that the constitution once drafted and passed by Parliament should be endorsed via referendum. As one could imagine the question of referenda was extensively discussed in several meetings, the Sri Lankan side mainly inquiring about Brexit and the European side raising caution as in the last referenda, the people did not seem to vote on the topic but more on the general expectation regarding national politics as many believe. And as current public support to the Sri Lankan government might be reduced without more tangible achievements and a still very powerful Rajapaksa support in the population, a positive outcome of the referendum seems far from being guaranteed.
PV\1111396EN.docx 5/13 PE593.040v01-00 EN On GSP+ and economy in general
The delegation frequently underlined that the decision on Sri Lanka’s application will also need the approval of the European Parliament, and that the applicant’s success is not yet guaranteed, despite positive signs from the European Commission. The EP will scrutinise Sri Lanka’s tangible progress in areas such as normalisation of life in the North and the East and whether legislation is in line with the 27 GSP+ conventions on human rights, especially regarding the current discussions on the PTA and CPC. Once the Commission has taken its formal decision on 12 January 2017, Council and Parliament will have 2 months (and 2 additional months if need be) to consider the decision. The Prime Minister took note of the concerns of the delegation and replied univocally: “It will be done!”. The delegation also underlined that if Sri Lanka gets the GSP+ access, it will be subject to a rigorous GSP+ monitoring on the implementation of the conventions, which is the same and transparent procedure for any GSP+ beneficiary (cf. reporting sheet).
The general economic picture is a gloomier one, as the current government inherited the Chinese loans from projects contracted under former President Rajapaksa, meaning that they have a debt up to 75% of its GDP. Sri Lanka estimates that GSP+ will generate at least additional €150 million a year. Therefore, the GSP+ status is not only important for the government to keep the reform momentum going, but also really important in economic terms.
In a long-term perspective, Sri Lanka would like to transform itself into a gateway to the South Asian market, similar to Singapore today. As the Foreign Minister put it: “Sri Lanka has to think as an Indian Ocean island.” more than just the southern tip of India. Negotiations for Free Trade Agreements are ongoing with China, India and Singapore. In this regard the delegation cautioned regarding the possibility of trade arrangements with the United Kingdom under the Commonwealth umbrella, and underlined that the UK is still part of the EU.
One vibrant sector to contribute to the economy is the tourism branch. By the end of the year, they will reach the two million benchmark in comparison to half a million in 2010. The delegation called for caution to destroying the gems of this country through mass tourism. The Prime Minister has created a task force to balance tourism and sustainability. Also, worth to note that most of the tourism companies are Sri Lankan companies, not as e.g. in the Maldives mainly foreign investors.
But in order to re-launch the economy, not only the conditions for foreign investment have to improve considerably. Especially corruption is still very present, and also tax evasion is a huge problem. And it is not sure that measures such as raising the VAT by 5 % on any product on first November is a promising approach to re-launch the economy and to rebuilt trust in the market structures.
PV\1111396EN.docx 6/13 PE593.040v01-00 EN Conclusion
In a nutshell, the efforts of the SL government to reform the country are there, but after more than 20 months in office, they will need to deliver quickly as the support in the population risks shrinking. This is a very difficult balancing act for a unity government which includes also the fraction under former President Rajapaksa, who now forms part of the active opposition. In addition, the government has to tackle the tight economic situation with the huge debt burden of 75% of its GDP. Civil Society, very enthusiastic at the time when the new regime was put in place and eager to participate, risks becoming discouraged by the lack of reform: they are starting to talk about the closure of the small window of opportunities to bring Sri Lanka forward on its way towards democracy.
In a final word, the Chair wishes to thank all EEAS colleagues and the Sri Lankan Embassy involved in planning and running of this mission, who have been extremely flexible in accommodating the needs, wishes and expectations of the Delegation.
PV\1111396EN.docx 7/13 PE593.040v01-00 EN ANNEX I: Final Programme
FINAL PROGRAMME 8th EP/Sri Lanka Interparliamentary Meeting 31 October - 3 November 2016 Colombo & Eastern Region (Trincomalee, Batticaloa)
Sunday, 30 October Colombo
Arrival of Members
15:00 - 17:00 Secretariat only: Logistics meeting with the EC Delegation Debriefing with the Chair
Overnight Galle Face Hotel 2 A2, Colombo 00300 (tel. +94 11 2 541010)
Monday, 31 October Colombo
09 :30 Departure from the hotel to the EU Delegation 389 Bauddhaloka Mawatha, Colombo 7 (Tel.+94-11 26 74 413/4)
10:00- 11 :00 Briefing by the Head of Delegation, Mr. Tung-Lai Margue EU Delegation
11:00 - 13:15 Meeting with Civil Society on Reconciliation Women empowerment
Followed by lunch EU Delegation
15:00 - 16:30 Meeting with UN representatives: Mr. Alain Sibenales, (Resident coordinator), Paula Bulancea (UNICEF), Gita Sabharwal and Zoe Keeler (Resident Coordinators Office, RCO)
17:00- 18:00 Meeting with Prime Minister, Hon. Ranil Wickremesinghe
18:30 - 20:00 Meeting with the Chief Minister of the Northern Province, Hon. Wigneswaran EU Delegation
PV\1111396EN.docx 8/13 PE593.040v01-00 EN Tuesday, 1 November Colombo
09:30 - 10:30 Meeting with Deputy Speaker of Parliament, Hon. Thilanga Sumathipala and parliamentarians Hon. Edward Gunasekera (UNP) Hon. Sumanthiran (TNA) Sri Lankan Parliament
10:30 - 11:30 Meeting with leader of the opposition, Hon. Rajavarothiam Sampanthan
12:30 - 14:30 Lunch with Foreign Minister, Hon. Mangala Samaraweera Tintagel Restaurant 65 Rosmead Pl, Colombo 00700, (Tel. +94 11 4 602060)
15:00 - 16:30 Press Conference EU Delegation
17:30 - 18:30 Meeting with Deputy Minister of International Trade, Hon. Sujeeva Senasinghe
20:00 - 23:00 Dinner with EU Heads of Mission Grande Gourmet 39 A Horton Pl, Colombo 00700 (Tel.: +94 77 542 0485)
Wednesday, 2 November Trincomalee
06:00 Departure to Colombo Waters Edge airport (Cinnamon Air dock)
07:15 - 08:00 Flight to Trincomalee (China Bay Domestic Airport) 09:00 - 10:00 Meeting with the Chief Minister of the Eastern Province, Hon. Nazeer Ahamed
10:30 - 11:30 Family Rehabilitation Centre Project: Meeting with beneficiaries, FRC staff, psychosocial workers and field officers Rotary Club (115 Dyke St, Trincomalee)
12:00 - 13:00 Lunch hosted by Head of Delegation Dutch Bank Cafe, Trincomalee
13:00 - 13:40 Travel from Trincomalee to Muttur/Sampoor 13:40 - 15:00 Tour IDP resettlement sites in Sampoor and discussion with resettlement community and Government officials (District Secretary)
15:00 - 19:30 Travel from Sampoor to Housing project site (2,5 hrs) and Visit EU funded Housing Project
overnight Hotel Malu Malu Passikuda, Sri Lanka (tel. +94 65 7 388388)
PV\1111396EN.docx 9/13 PE593.040v01-00 EN Thursday, 3 November Batticaloa
08:30 Leave hotel to Batticaloa
09:30 - 11:00 Visit FAO Dairy Project
11:00 - 13:00 Travel to UNOPS Landfill project Opening Ceremony of Landfill Waste Management Project
13:00 - 14:00 Lunch at the landfill site
17:00 - 18:00 Flight from Batticaloa Lagoon to Colombo Waters Edge, Battaramulla
Transfer from Waters Edge to Galle Face Hotel
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PV\1111396EN.docx 10/13 PE593.040v01-00 EN DELEGATION FOR RELATIONS WITH THE COUNTRIES OF SOUTH ASIA
EP-Sri Lanka Interparliamentary Meeting 31 October - 3 November 2016
LIST OF PARTICIPANTS
MEPs Political Group Country
Ms Jean LAMBERT Greens/EFA UK Chair of the Delegation
Ms Ulrike MÛLLER ALDE DE Committee on Agriculture and Rural Development
Mr Thomas MANN EPP DE Committee on Employment and Social Affairs
Mr Sajjad KARIM ECR UK South Asia Monitoring Group, Chair
EP SECRETARIAT
Ms Kristin ARP Administrator Ms Ainhoa MARKULETA Assistant
POLITICAL GROUP ADVISORS Ms Sabine MEYER Greens/EFA
INTERPRETERS Ms Annette STACHOWSKI Mr Albrecht STRECKER
PV\1111396EN.docx 11/13 PE593.040v01-00 EN ANNEX II: Press Release
PRESS RELEASE
European Parliament Delegation urges Sri Lanka to seize the moment for national reconciliation
Colombo, 1 November 2016
National reconciliation, the empowerment of women and Sri Lanka’s application for the General System of Preferences (GSP+) were the main focus of discussions of the four- member delegation of the European Parliament (EP), led by Jean LAMBERT (Green), Chair of the Delegation for Relations with the Countries of South Asia, which has just concluded its 8th Interparliamentary Delegation mission to Sri Lanka. They had meetings in the last two days with representatives of the government, parliament and civil society.
On reconciliation, the MEPs said they were pleased and impressed with the progress that has been made in Sri Lanka on Human Rights and national reconciliation, including the issuing of circulars to military and police about the need to respect the rights of detainees and suspects; the improvements in freedom of media, absence of censorship and the ability of civil society to operate more freely. The delegation expressed the need for deeper and faster progress in areas such as normalisation of life in the North and East and the replacement of the PTA with legislation that is in line with Sri Lanka's international human rights commitments.
On GSP+, MEPs stressed that the decision on Sri Lanka's application will also need the approval of the European Parliament, and that the application’s success is dependent on tangible progress by Sri Lanka in areas of concern, including that the Code of Criminal Procedure includes the rights of detainees in keeping with the International Covenant on Civil and Political Rights. "This agreement has real opportunities open up for Sri Lanka, therefore we urge the government to do its best to seize this moment and to make sure that they meet the criteria", the Chair of the delegation underlined during the meeting with Prime Minister Ranil Wickremesinghe.
PV\1111396EN.docx 12/13 PE593.040v01-00 EN In meetings with civil society, the delegation acknowledged t h e urgent need for empowerment of women at all levels in Sri Lankan society. The delegation welcomed the positive step taken by the government recently to improve women's political empowerment by amending the Local Authorities Act to reserve at least 25% of political representation in local government for women. The MEPs acknowledged that more work was required to ensure women and girls are able to effectively participate in the formal economic, social and political system and to create a more conducive environment for the fulfilment of women's and girls' rights.
In addition to the Prime Minister, the EP delegation had extensive discussions with Foreign Minister Mangala Samaraweera, Opposition Leader R. Sampanthan and Northern Province Chief Minister C.V. Wigneswaran, as well as different civil society organisations.
The MEPs will next visit European Union-supported projects in Trincomalee and Batticaloa. The delegation is also scheduled to meet Eastern Province Chief Minister Nazeer Ahamed.
The visit included a press conference at the EU Delegation on 1 November 2016.
The delegation was composed of 4 Members of the European Parliament: Ms. Jean LAMBERT (UK/Green), Chair of the South Asia Delegation; Mr. Thomas MANN (DE/Conservative), Ms. Ulrike MÜLLER (DE/Liberal), both Members of the South Asia Delegation and Mr. Sajjad KARIM (UK/European Conservatives and Reformists), standing rapporteur for the South Asia of the International Trade Committee
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