[Ed. Note: The statement below was issued by the participants at the conclusion of the Human Rights Workshop for the Clergy in Sri Lanka that was held near Kandy from May 21 to 24, 2001.]

A group of about 20 priests, nuns and lay people gathered in the village of Oruthota near Kandy from various parts of Sri Lanka to reflect on the human rights situation in the country. The major concern of this group was what the ordinary people and the religious leaders can do to help resolve some of the more acute human rights problems in the country.

On the morning of May 22, the gathering learned that the Sri Lankan government had declared May 22 as National Human Rights Protection Day. The gathering welcomed this move and further noted that the Sri Lankan government is a signatory to several U.N. human rights instruments. The declaration of this day as Human Rights Protection Day throughout the country should be taken as the government's recognition of all of the U.N. human rights conventions and of state obligations to honour these conventions in Sri Lanka.

The recognition of this day comes at a time when the Sri Lankan people are facing some of the most crucial decisions in their history. There is widespread apprehension that the rule of law has suffered serious setbacks. There is also widespread recognition that the country must face up to some fundamental reforms, particularly of its justice system, for reform of the police, prosecution and judicial systems are among some of the country's most primary and urgent concerns.

The resolution of the long-standing conflict and the recognition of the rights of Sri Lanka's minorities are some of the major concerns of the people. A bold political decision in order to end the military approach to this problem and to urgently find a political solution is a necessary condition for peace, democracy and human rights in the country.

On this occasion of Sri Lanka's first Human Rights Day, we hope that all of the peoples of Sri Lanka will take a more active interest in resolving the grave human rights problems existing in the country. The ending of extrajudicial killings, the widespread use of torture and the extreme forms of censorship exercised over the press should be the primary demands of the people. We wish the Sri Lankan government and the Sri Lankan people a happy and prosperous future on the basis of a genuine respect for human rights that is built on the foundation of a vibrant democratic framework.

Just behind the venue of the meeting is the former town of Teldeniya that is submerged under water as part of the Mahaweli Project. The inhabitants who lost their habitat were evicted from the area. Today it is a wasteland. The town is symbolic of the type of development projects which have been undertaken in recent decades. The end result is waste and enormous suffering for the people for no purpose at all. What is worse is that in the name of development massive human rights violations have been caused to a large number of people, particularly young people from the rural sector. This has included massive disappearances, extrajudicial killings, torture and rape. The use of emergency laws for acts of repression has caused a massive crisis in the entire justice system, resulting in a collapse of the country's law enforcement machinery. As the president of the Court of Appeal has noted in a recent speech, a recourse to justice is being replaced with summary killings. Thus, a development model that has ultimately turned the country into a wasteland has also produced the collapse of society and the disintegration of society's moral structure.

The gathering was unanimous in the view that Sri Lankan society is in the midst of a great disaster and that little time is left to turn these events in a more positive direction. There is a sense of urgency that is growing in society due to the apprehension of impending dangers that call for sober reflection on suitable reforms in all aspects of society, particularly in the justice system, that is, the police, prosecution and judicial systems.

The gathering reflected on the recent murder of a 76-year-old Catholic priest, Fr. A. B. A. Costa, on May, 10, 2001, which has shocked the entire nation and particularly the Catholic community and the people of Negombo where he was killed. Like many other killings that are taking place on a routine basis throughout the country, this incident pointed to the inability of the State to protect human life. The law enforcement machinery has proved incapable of preventing these crimes in a competent manner. This poses a challenge for all people, particularly the religious leaders of the country, to respond to this situation in a manner adequate enough to generate a societal response to alter this ominous danger.

The gathering also noted the situation that arose because of some criminal elements which have been extorting money in the Mawanella area and are using force for this purpose. The inability of the police to respond to this situation as a law enforcement agency has turned the situation into one of chaos, leading to the burning of Muslim shops to which there has been retaliation from the Muslim community. Thus, the collapse of law and order has the potential to cause the disruption of community relationships among various racial and religious groups in the country. These incidents should be treated as alarm bells to the whole society and calls to action in order to save the moral structure and the justice system of the country.

The gathering reflected on some of the actions that need to be taken on an urgent basis. This reflection included discussions on the actual situation that exists in many parts of the country, the U.N. conventions on human rights and the recommendations of U.N. bodies to the Sri Lankan government regarding human rights issues as well as some reports of government commissions, particularly in the area of police reform. Particular attention was paid to the report of the Police Commission headed by Justice Soertz (Sessional Papers VIII, which was published in 1947) and Sri Lankan police service reports submitted by a committee headed by Justice Jayalath in 1995.

The gathering noted the memorandum submitted by Sir Ivor Jennings, which is appended to the Soertz's Commission report, in which, among other observations, it emphasises the need to establish respect for the law on the basis that all people are treated equally before the law. The gathering observed that in Sri Lanka there has been a failure to develop respect for the law. The more affluent or educated people have found ways to subvert the law. Sir Jennings noted the slack attitude to the black market prevailing among the English-speaking groups with which he associated at the time. The gathering made the observation that the present lack of development of the country's legal institutions, particularly the police and prosecution systems, is the result of pressure applied by the materially fortunate sections of society who want to be "free" from the law. The cornerstone of any real reform of the justice system must be accompanied by enlightenment on the part of these sections of society to promote the rule of law as applicable to all. The societies in which such enlightenment has taken place have been able not only to build law-abiding societies but have also been able to create the stability necessary for economic and social development. It is a duty of social movements, including religious movements, to address this issue of an enlightened approach to the law in all sections of society. Sir Jennings noted that in Britain the respect for the law was mainly established in the 19th century and that the most important agents of these reforms were the religious movements of the time. He states that the work of these movements was later supported by secular movements.

The Soertz Commission, Basnayake Commission and the Jayalath Committee were unanimous in recommending a Department of Public Prosecution. The Jayalath Committee stated, "A department of the director of public prosecutions was established under the Administration of Justice Law No. 45 of 1973. It is regrettable that on the repeal of this act by the Code of Criminal Procedure Act No. 15 of 1979 that the department of the director of public prosecutions was not re-established."

However, none of these recommendations have been implemented. This gathering strongly recommends the implementation of these suggestions. It is the view of this gathering that without creating a public prosecutor's department it is not possible to break the present impasse in the prosecution of all crimes. Presently, criminal investigations are solely left to the police, and the role of the attorney general usually begins only after the completion of the investigation by the police. When the police do not investigate crimes or when they investigate them poorly or when they engage in covering up for criminals for one reason or another, there is little that the state counsel can do. Today the number of crimes that have not been prosecuted is enormous. As the Jayalath Committee pointed out, a public prosecutor's department should give "advice and assist the police and other government departments in instituting criminal proceedings." In all common law countries today, the prosecutors play an active role in advising and assisting the police from the early stages of the investigation of a crime. They cannot excuse themselves for the non-prosecution of crimes by stating that it is the police that have failed to do their job.

These days there is a great deal of discussion about appointing a Police Commission. If this move is to be a meaningful step in altering the situation of lawlessness in the country, it is necessary to examine what are the component elements that should be included in a law relating to a Police Commission. This gathering makes the recommendations below regarding the law relating to a Police Commission.

(a) Such a commission must overcome problems relating to criminal investigations that exist now. These include improving the competence of officers, particularly those engaged in criminal investigations, the improvement of forensic and other technical capacities, the improvement of the supervision of higher officers, the establishment of a means by which a link is established between the prosecution department and the police whereby prosecutors can advise and assist the proper conduct of investiga-tions and a higher level of accountability is established among the police.

(b) The Police Commission must establish a proper disciplinary procedure against police officers. Such a commission must provide for the punishment of officers who are found guilty of human rights violations by courts of law. The Soertz Commission pointed out how the practice of honouring court orders on these matters was ignored.

(c ) A police commission law must provide for a sufficient period of tenure for the chief of police and higher officers. The present practice of an annual extension given to the highest police officer makes him dependent on his political masters and acts against his independence.

(d) Such a law must provide for proper training institutes for the police and ways for improving the professional capacity of the police.

(e) All commissions have recommended removing all military functions from the police. The last few decades have seen the increased militarisation of the police. A Police Commission would be useless unless these military functions are taken away from the police. Branches of the police, such as the Special Task Force (STF) and those engaged in political investigations and surveillance, must be removed from the police.

(f) Political control and interference cannot be removed without addressing the more fundamental questions that are affecting the police as an institution.

This gathering also considered how U.N. mechanisms, such as the U.N. Commission on Human Rights, the U.N. Committee on Human Rights, the Committee on Torture, the Working Group on Disappearances, other rapporteurs and the U.N. High Commissioner for Human Rights, can provide an opportunity for people to pursue human rights. To do this, people must be educated on how to have access to and to make use of these U.N. facilities.

This gathering noted that the establishment of a National Human Rights Commission is a positive step in the promotion and protection of rights. The commission can provide relief through quick interventions. All contact information relating to this commission and its subofficers must be constantly and widely advertised. However, it also must be noted that the development of this institution has been very slow. It is also necessary to note that there are serious questions regarding the performance of some of its staff in its area offices. Of particular concern is the National Human Rights Commission office in Kandy. Some serious allegations have been made by victims of human rights who have sought help from this office. There are allegations of rape of some female victims. There are also allegations that victims of some serious violations, like torture, have been discouraged by a human rights officer in this office from pursuing their applications. The National Human Right Commission must investigate these allegations and take action if the credibility of the commission is to be maintained.

This gathering is of the view that the resolution of the ethnic conflict is connected to the addressing of these problems that are now threatening the moral structure of society. Just solutions to this issue very mush depend on the moral fibre of this society.