Following the publication of the European Commission’s assessment reports on the EU’s Generalised Scheme of Preferences (GSP), Human Rights Watch (HRW) has issued a statement stressing the need to reform the trade regulations to ensure that rights-abusing states are held to account.
“The EU GSP reports show that some countries seem to be on notice that their trade benefits depend on their human rights record, while others fear no consequence for their abuses,” said Claudio Francavilla, senior EU advocate at Human Rights Watch.
The EU’s report on Sri Lanka, whilst noting Sri Lanka’s continued failure to repeal its draconian Prevention of Terrorism Act, claims that Sri Lanka has “taken significant steps towards the protection of human rights”, but warns of the island “backtracking on reforms”.
HRW notes that despite continued Sri Lanka, as well as countries such as Kyrgyzstan, Uzbekistan, Pakistan and the Philippines, continue to benefit from the GSP+ system.
Francavilla stressed that:
“Without clear, public benchmarks for compliance, the GSP rights conditions have little credibility, and a reform is patently needed.”
The current GSP regulations are set to expire on 31 December, the European Parliament and Council have agreed to extend it as is for another four years as an interim measure, while negotiations for a reform continue.
Sri Lanka initially benefited from the GSP+ scheme until its access was withdrawn in 2010 due to grave human rights concerns. In 2015, the Sirisena administration promised reform and to achieve national reconciliation but despite continued engagement with the UN system, there was little done to pursue accountability for the war crimes committed. Despite this continued lack of accountability, Sri Lanka was able to regain GSP+ status on 19 May 2017.
The EU report maintains Sri Lanka has made strides toward the promotion of human rights and highlights the importance of maintaining the independence of institutions such as the Office on Missing Persons and the Office of Reparations, are key.
They noted that such institutions were threatened by Sri Lanka’s adoption of the 20th amendment which empowered the President to appoint the chairs of independent institutions. In October 2022, Sri Lanka passed the subsequent 21st Amendment which aimed to reestablish the Constitutional Council and reaffirm Independent Commissions. However, the EU maintains that it remains to be seen whether the 21st Amendment “will show whether it is sufficient to guarantee the separation of powers, appropriate checks and balances, and the capacity of independent institutions to continue functioning”.
Despite attempts to strengthen the independence of these domestic institutions, Tamil survivor communities have long since lost faith in the capacity of these institutions. The Office of Missing Persons is a key example of the inability of the structures to provide much-needed justice and accountability.
The latest report by the UN High Commissioner highlights that the OMP "has not been able to trace a single disappeared person or clarify the fate of the disappeared in meaningful ways".
Tamil Families of the Disappeared have instead urged the international community to pursue an international independent investigation into the war crimes committed by the Sri Lankan state and uncover the fate of their loved ones.
An estimated 140 members of the Tamil Families of the Disappeared have died without knowing the fate of their loved ones.
