• The Ministry says it  contains factual inaccuracies, and does not take cognisance of the  multifaceted progress made by SL in reconciliation and  development

The Foreign Ministry, in its response to the resolution adopted by European parliament titled “The Situation in Sri Lanka, in particular the arrests under the Prevention of Terrorism Act”, said the Government is in the process of revisiting provisions of the Prevention of Terrorism Act (PTA), in keeping with its commitments, as has been communicated to European Union.   

The Ministry which regretted the adoption of this resolution says it contains factual inaccuracies, and does not take cognisance of the multifaceted progress made by Sri Lanka in reconciliation and development.  
The Ministry said in a statement that, “At the outset, the Ministry wishes to state that provisions of the Prevention of Terrorism Act have been invoked to address heinous acts of terrorism committed on its people. In this context, it is recalled that the Easter Sunday terrorist attacks of 2019 resulted in significant loss of life, including of several EU nationals.” 
It is important to underscore that the Government of Sri Lanka maintains a regular, vibrant and cordial dialogue with the European Union (EU), covering all aspects of bilateral relations. The engagement is sustained through the close and cordial dialogue maintained with the European Commission, the Council and the Parliament by the Sri Lanka Mission in Brussels; and with the EU delegation and EU Ambassadors in Colombo by senior interlocutors of Government.  

As part of this process, Sri Lanka has constructive engagement with the European Commission on the review of its EU GSP + compliance with the 27 core International Conventions. Towards this end, the Third Cycle of Review of the EU GSP + Monitoring Process for 2020-2021 is ongoing.  

Sri Lanka apprised the EU on progress with regard to its wide range of cooperation at the annual EU-Sri Lanka Joint Commission, the 23rd session of which was convened in January 2021. Further updates are provided through the relevant Working Groups and Committees functioning under the purview of the Joint Commission.   
With regard to salient points referred to in the resolution, the Ministry wishes to submit the following observations with a view to correction.  
The Government has, in accordance with its constitutional mandate and international obligations, taken steps to protect the rights of all its citizens. Specific provision in terms of Article 12 (1) of Sri Lanka’s Constitution ensures that all persons are equal before the law and are entitled to the equal protection of the law. 
Article 12 (2) of the Constitution prohibits discrimination based on race, religion, language, caste, sex, political opinion, place of birth or any such grounds.  

The Government is in the process of revisiting provisions of the Prevention of Terrorism Act, in keeping with its commitments, as has been communicated to the EU. Towards this endeavour, the Government is studying existing legislation to propose necessary amendments, and will also draw on international best practices adopted by other jurisdictions. The Government rejects the claim that the PTA has been systematically used for arbitrary arrests and the detention of Muslim or other minority groups in Sri Lanka.  

It is observed that the 20th Amendment was enacted in full compliance with the procedure set out in the Constitution with a two thirds majority of the Members of Parliament voting in its favour. 
With regard to such legislation, a number of in-built safeguards relating to transparency and judicial review aimed at preventing the passage of bills that are inconsistent with the Constitution, including its Fundamental Rights chapter, have been adhered to.  

The Government has regularly updated the Human Rights Council as well as EU interlocutors on the measures undertaken to address issues of accountability, and to achieve continued progress in reconciliation. Mechanisms in place in this regard include the Presidential Commission of Inquiry headed by a Justice of the Supreme Court; the Office of Missing Persons; the Office of Reparations, the Office of National Unity and Reconciliation; the Human Rights Commission of Sri Lanka; and related institutional reforms aimed at non-recurrence and other confidence building measures. With regard to sustainable development, the Inter-Ministerial Committee headed by the Prime Minister to steer SDG implementation is of significance.  

Sri Lanka’s labour rights, including health and safety conditions, are in compliance with ILO standards. Sri Lanka’s high labour standards maintained in production, have led to better quality products, and high value added exports, as reflected in the apparel sector. The higher demand for ‘ethical’ products from Sri Lanka has led to increased production, subsequent investment, and improvement of the human capital in Sri Lanka. The EU GSP + concessions have contributed significantly towards this process, thus benefiting the Sri Lankan economy, as well as the EU market. Similarly, the fishery sector is a notable growth sector which has benefited from EU GSP + concessions,” .