GSP+ conditions

The following are the conditions set by the European Commission for a 6 month extension of the GSP+ benefit to Sri Lanka, with the proviso that Sri Lanka had to provide written commitment to these conditions by July 1.

 

1.) Reduction of the number of derogations to the ICCPR.

 

2.) Take steps to ensure that the key objective of the 17th Amendment to the Constitution, namely to provide for independent and impartial appointments to the key public positions, is fully safeguarded, including through a Constitutional Council which adequately reflects the interests of all political, ethnic and religious groups and minorities within Sri Lankan society.

 

3.) Repeal of the remaining part of the 2005 Emergency Regulations, notably those Regulations concerning detention without trial, restrictions on freedom of movement, ouster of jurisdiction and immunity and repeal of 2006 Emergency Regulations (Gazette No. 1474/5/2006). If GoSL considers that it is essential to retain certain provisions which are compatible with the ICCPR or UNCAT, such as provisions concerning possession of weapons, such provisions should be transferred to the Criminal Code.

 

4.) Repeal of those sections of the Prevention of Terrorism Act which are incompatible with the ICCPR (in particular, sections 9, 10, 11, 14, 15, 16 and 26) or amendment so as to make them clearly compatible with the ICCPR.

 

5.) Repeal of the ouster clause in section 8 and the immunity clause in section 9 of the Public Security Ordinance or amendment or as to make it clearly compatible with the ICCPR.

 

6.) Adoption of the planed amendments to the Code of Criminal Procedure, which provide for the right of a suspect to see a lawyer immediately following his arrest.

 

7.) Legislative steps necessary to allow individuals to submit complaints to the UN Human Rights Committee under the First Optional Protocol to the ICCPR and to the UN Committee against Torture under Article 22.

 

8.) Steps to implement outstanding opinions of the UN Human Rights Committee in individual cases.

 

9.) Extension of an invitation to the following Special Procedures who have requested to visit Sri Lanka (UN Working Group on Enforced Disappearances, UN Special Rapporteur on Torture, UN Special Rapporteur on Freedom of Expression, UN Special Rapporteur on Independence of Judges and Lawyers).

 

10.) Responses to a significant number of individual cases currently pending before the UN Working Group on Enforced Disappearances.

 

11.) Publication of the complete final report of the 2008 Commission of Enquiry.

 

12.) Publication or making available to the family members a list of the former LTTE combatants currently held in detention as well as all other persons detained under the Emergency Regulations. Decisive steps to bring to an end the detention of any persons under the Emergency Regulations either by releasing them or by bringing them to trial.

 

13.)  Granting of access to all places of detention for monitoring purposes to an independent humanitarian organization, such as the International Committee of the Red Cross.

 

14.) Adoption of the National human Rights Action Plan by Parliament and its prompt implementation.

 

15.)  Take steps to ensure journalists can exercise their professional duties without harassment.

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