Press releases
Joint Press Release UN/Ministry of
Disaster Management and Human Rights
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Government commended for addressing
outstanding matters related to visas for international staff
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Report on the UPR of
Sri Lanka successfully adopted in Geneva
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24*7 "ADA Hotline" on Arrest, Detention or Suspected Abduction/
Disappearance Established
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CCHA members of the
International community commends the release of child recruits,
and Japan and EU welcomes ongoing efforts towards a peaceful solution
in Sri Lanka
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Ministry for Human
Rights: "US State Department Report on Sri Lanka contains numerous
inaccurancies and paints a lopsided picture of the human rights situation
in Sri Lanka".
In response to the US State Department's 2007
"Country Report on Human Rights Practices", issued on Tuesday (12
March 2008), the Ministry of Disaster Management and Human Rights
would like to make its position on the sri Lanka report clear
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UN Assistant Secretary-General
for Political Affairs Attends Consultive Committtee on Humanitarian
Assistance Meeting.
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Visit of Ms Louise Arbour, UN High Commissioner for Human Rights to Sri Lanka
Ms Louise Arbour, UN High Commissioner for Human Rights, was in Sri Lanka at the invitation of the Government and was facilitated to enable her interaction with a wide spectrum of Sri Lankans. In addition to government officials, independent state institutions and international bodies, she met several government and opposition political parties and representatives of Civil Society. She was also facilitated in respect of her meetings with the Bishop of Jaffna and individuals and members of Civil Society in Jaffna. At her request, several such meetings in Colombo as well as Jaffna were without the presence of Government or security officials, enabling her to interact freely.
Her Press Statement raised several issues on which the Government had already initiated action. For instance, the Government has made arrangements shortly to introduce a Witness and Victim Assistance and Protection Act to Parliament as an urgent Bill. Furthermore, a Parliamentary Select Committee is in the process of finalizing its report with regard to the 17th amendment which would enable the reconstitution of the Constitutional Council. Parliamentary approval of the Select Committee report is awaited as a two-thirds majority vote would be required to pass any constitutional amendment.
With regard to the fields of investigation, prosecution and convictions, which the High Commissioner mentioned, the Government has already initiated action to develop appropriate training and institution building. The Government has also initiated action about ensuring the collation of reliable and authoritative information on human rights issues, which the High Commissioner noted was vital.
The Minister of Disaster Management and Human Rights made it clear at the joint press conference that demands by some groups for a UN monitoring mission or office of the High Commissioner in Sri Lanka were unwarranted and unacceptable. He noted that already the High Commissioner had officers in Sri Lanka working within the UN Country Team. Depending on the level of technical cooperation that would be made available, further needs to implement projects could be discussed.
The Minister went on to say that, despite the very complex situation in Sri Lanka, in the context of an ongoing struggle against terrorism, the Government by inviting the High Commissioner has shown again its commitment and willingness to work with the international community in an open and transparent manner in the Government's Auest to promote and nurture human rights of all its citizens. It trusts that the visit of Ms Arbour will enhance the already productive relationship between her office and government stakeholders.
Conclusion of Visit: Statement by Ms. Louise Arbour, UN High Commissioner for Human Rights
I wish to thank His Excellency the President for inviting me to visit Sri Lanka and the Government of Sri Lanka for facilitating my program. I would like to thank Minister Samarasinghe and the many government officials, representatives of political parties, religious leaders, members of civil society and UN colleagues who have taken the time to share with me their perspectives. In particular, I would like to express my gratitude to the many individuals who approached me with testimonies of their own experience.
Yesterday I visited Jaffna. I am grateful to the military authorities for facilitating my visit and my particular thanks are due to the Bishop whose warm welcome and hospitality I very much appreciated.
I regret that time did not permit me to visit the Eastern Province. I also regret that I did not have the opportunity to visit Killinochchi, where I would have liked to convey directly to the LTTE my deep concern about their violations of human rights and humanitarian law, including the recruitment of children, forced recruitment and abduction of adults, and political killings. I am very concerned by the many reports I have also received of serious violations by the TMVP and other armed groups.
I was struck in my discussions by the fact that broader human rights issues affecting all communities on the island have largely been eclipsed by the immediate focus on issues related to the conflict. These include issues of discrimination and exclusion, gender inequalities, the low participation of women in public and political life, the rights of migrant workers and press freedom. These challenges will remain before and after any peace settlement, and they are deserving of greater and more focussed attention.
Sri Lanka has many of the elements needed for a strong national protection system. It has ratified most of the international human rights treaties. It has justiciable human rights guarantees in the Constitution. It has longstanding democratic and legal traditions. It has had a national human rights commission for more than a decade. Sri Lanka has an active media and benefits from a committed civil society.
However, in the context of the armed conflict and of the emergency measures taken against terrorism, the weakness of the rule of law and prevalence of impunity is alarming. There is a large number of reported killings, abductions and disappearances which remain unresolved. This is particularly worrying in a country that has had a long, traumatic experience of unresolved disappearances and no shortage of recommendations from past Commissions of Inquiry on how to safeguard against such violations. While the Government pointed to several initiatives it has taken to address these issues, there has yet to be an adequate and credible public accounting for the vast majority of these incidents. In the absence of more vigorous investigations, prosecutions and convictions, it is hard to see how this will come to an end.
While Sri Lanka has much of the necessary human rights institutional infrastructure, critical elements of protection have been undermined or compromised. The application of treaties in domestic law has been questioned by the Supreme Court in the Singarasa case. The Government’s proposed legislation to address this problem, tabled this week in Parliament only partially addresses the issues and risks confusing further the status of different rights in national law.
Throughout my discussions, government representatives have insisted that national mechanisms are adequate for the protection of human rights, but require capacity building and further support from the international community. In contrast, people from across a broad political spectrum and from various communities have expressed to me a lack of confidence and trust in the ability of existing relevant institutions to adequately safeguard against the most serious human rights abuses.
Some of the institutions themselves acknowledge their limitations in this respect. Members of the Commission of Inquiry pointed out to me that some state officials had failed to appear in response to their requests. They also stressed that the absence of an effective witness assistance and protection system was a major constraint on their work. The Commission would, in my view, gain greater public confidence and support by conducting public hearings. In any event, the Commission of Inquiry is an ad hoc response to a series of particularly shocking incidents and should not be a substitute for effective action by relevant law enforcement agencies. Nor should it divert from the need for a forward looking, comprehensive and effective human rights protection system.
The Human Rights Commission has in the past played an important role in this respect. However, the failure to resolve the controversy over the appointment of commissioners has created a crisis of confidence in the HRC both locally and internationally. The HRC’s failure to systematically conduct public inquiries and issue timely public reports has further undermined confidence in its efficacy and independence. Indeed, the Commission may lose its accreditation to the international body governing these institutions.
In my view the current human rights protection gap in Sri Lanka is not solely a question of capacity. While training and international expertise are needed in specific areas, and I understand would be welcomed by the Government, I am convinced that one of the major human rights shortcomings in Sri Lanka is rooted in the absence of reliable and authoritative information on the credible allegations of human rights abuses.
Many state that the LTTE is quick to manipulate information for propaganda gain. In my view this only accentuates the need for independent information gathering and public reporting on human rights issues.
OHCHR is willing to support the Government of Sri Lanka in this way. I am aware that there is a lively national debate about the need for international support in human rights protection. In light of the gravity of the reported ongoing abuses, and in particular of threats to life and security of the person, I believe that we should urgently resolve our ongoing discussions about the future of a productive relationship between OHCHR and the Government of Sri Lanka.
A final observation: It would be highly desirable for the government to consider an early ratification of the new International Convention for the Protection of All Persons from Enforced Disappearance. In light of the documented violations of international humanitarian law, Sri Lanka should seriously consider joining the 105 countries which have ratified the Rome Treaty creating the International Criminal Court
Muttur Killings: Dodd's
Supplementary Report to go before Commission of Inquiry
Minister of Disaster Management and Human Rights, Mahinda
Samarasinghe, has requested the Attorney-General's Department to
place the supplementary report of the Australian forensic pathologist,
Dr. Malcom Dodd, before the Commission of Inquiry investigating
the killings of the 17 Action Contre la Faim in August 2006. The
Criminal Investigation Department of the Sri Lanka Police has taken
steps to file the supplementary report titled "Independent
Forensic Investigation of the Muttur Massacre" before the Anuradhapura
Magistrate.
In the supplementary report, Dr. Dodd states that the conclusion
in his initial report as to the identification of one of the bullets
as being of 5.56 calibre "has been proved to be incorrect".
He states that he has no specialised expertise in ballistics, but
had relied on the "advice of members of the CID that this retrieved
projectile in question was of 5.56 calibre". The CID have informed
Minister Samarasinghe that an affidavit clarifying the position
in this connection from a CID officer, who attended the second post
mortem, has also been filed in the same court.
The Ministry of Disaster Management and Human Rights, in a release
dated 03 August called upon "those who had used the Dodd Report
subjectively to cast aspersions on the integrity on the Government
of Sri Lanka and its investigative processes, to retract their statements
and in future not to leap to unduly hasty conclusions, when not
in possession of the full facts". Despite being faced with
the facts as revealed by the Australian expert, the International
Commission of Jurists (ICJ), have yet to emend their original claims.
The Ministry has addressed a communication to the ICJ notifying
them of the current position.
The Malcolm Dodd Supplementary Report is released in the interests
of clarity and transparency given the intense public interest generated
by unsubstantiated claims relating to the ballistic evidence and
allegations of tampering with evidence, emanating from several quarters.
The Ministry of Disaster Management and Human Rights reiterates
its call to those parties who have made these false allegations
to retract these misleading statements and to clarify their positions
immediately giving similar publicity to these corrections as they
did with their original claims.
The government remains committed to ensuring the
completion of the investigations into these killings in order to
bring the perpetrators before the courts where they will be prosecuted
in accordance with the laws of Sri Lanka.
September 03, 2007
New Procedure on Registration of Households
The Ministry of Disaster Management and Human Rights received
several representations from civil society groups related to divergent
practices adopted for the registration of householders under the
Emergency Regulation 23. The Ministry initiated steps in consultation
with the Attorney General’s and Police Departments to enable the
issuance of directions that will ensure a uniform system of registration
implemented island wide. These representations pointed out some
points of concern in the system of registration under the Emergency
Regulations.
Emergency Regulation 23 (as amended in June 2006) reads:
1 Every officer in charge of a police station may direct every householder
residing within his Police Station area to furnish him with a list
of names of all the persons residing with him in his household,
distinguishing the members of his family from other residents, whose
stay may be of a temporary or permanent nature, and servants. Further,
if he so directed by the aforesaid Police Officer, he shall from
time to time, report any increase or diminution or change in the
list furnished by him.
2 No householder who has received a direction under paragraph (1)
shall harbour a stranger in his household without informing the
aforesaid officer-in-charge of such fact.
3 Every householder directed to furnish information under paragraphs
(1) and (2) who fails to comply with such direction, shall be guilty
of an offence.
Pursuant to Minister Mahinda Samarasinghe placing this matter before
his advisory body as well as before the Inter-Ministerial Committee
on Human Rights (IMCHR), both of which he chairs, measures were taken
by the representatives of the police on these committees to initiate
action to alter the previous procedure. Advice was sought and obtained
in this regard from the Attorney - General’s Department which tendered
advice on the constitutionality and legality of the measures proposed.
The minister commended the Inspector General of Police fir his rapid
response in addressing the anomalies under the earlier system and
conveyed his appreciation for the cooperation extended to the IMCHR
by the IGP and the Attorney General’s Department.
The Minister expressed satisfaction that, in future, householders’
details will be collected from every household without reference
to national or ethnic origin, religion, language or other considerations.
Henceforth, the only information required to be produced is the
chief occupant’s name, identity card and address, the names and
ages of the family members of the chief occupant together with their
identity card numbers and relationship to the chief occupant.
Details of temporary residents including domestic aides should also
be provided. This information includes purpose and duration of stay.
Local government officials will assist in the collection of this
data. Amendments to the details provided may be sent under the registered
cover to the OIC of the relevant police station. The Inspector General
of Police has issued a circular to his department’s officers, detailing
the procedures to be followed.
Minister Samarasinghe has directed officials of the Ministry of
Disaster Management and Human Rights to give the widest publicity
to the new procedures by launching a nationwide public awareness
campaign to disseminate this information in the near future.
Human Rights Minister Appoints Committee
to Inquire into Abduction and
Recruitment of Children for use in Armed Conflict
On 9th February 2007, at the seventh meeting of the United Nations
Security Council Working Group on Children and Armed Conflict, the
Government of Sri Lanka conveyed to the Working Group that it would
adopt necessary measures to cause an independent and credible investigation
into allegations made against some elements of the security forces
in connection with the abduction and recruitment of children by
the Karuna Faction. It was also conveyed that the Government of
Sri Lanka is fully committed to the rehabilitation and reintegration
of child combatants who escaped from captivity of the armed groups,
and this is being done through the provision of a protective environment
as well as family re-unification and vocational training. Details
were also provided regarding the new legal regime that had been
established in this regard.
Following the commitment made to the UN Security Council Working
Group on children and armed conflict and a decision taken by the
Inter-Ministerial Committee on Human Rights (IMCHR), Mahinda Samarasinghe,
Minister of Disaster Management and Human Rights, in consultation
with Secretary to the President, has appointed the following officials
to the "Committee to Inquire into Allegations of Abduction
and Recruitment of Children for use in Armed Conflict" with
immediate effect.
The Committee will comprise of the following senior officials:
• Mr. Suhada Gamalath, Secretary, Ministry of Justice and Law Reforms
(Chair)
• Mrs. Indrani Sugathadasa, Secretary, Ministry of Child Development
and Women's Empowerment
• Mr. G.K.D. Amarawardena, Additional Secretary, Ministry of Disaster
Management and Human Rights
• Mr. Shavindra Fernando, Deputy Solicitor - General, Attorney-General's
Department
• Mr. Yasantha Kodagoda, Deputy Solicitor - General, Attorney-General's
Department
• Representative of the Secretary, Ministry of Foreign Affairs
• Representatives of the three Armed Services and the Police nominated
by the
Secretary to the Ministry of Defence, Public Security,
Law and Order
• Representative of the Secretary General of the Secretariat for
Coordinating the Peace Process (SCOPP)
• Chairman of the Child Protection Authority
The Committee will liaise and communicate with other consultative
and coordinating mechanism established by the government that bear
responsibility for the safeguarding of human rights and rights under
humanitarian law, especially those of children caught up in conflict.
It will report on measures taken to Minister of Disaster Management
and Human Rights, Mahinda Samarasinghe, (Ends).
August 27, 2007
ACF Investigation - Australian expert
affirms position of Sri Lanka Government Analyst
Minister of Disaster Management and Human Rights, Mahinda Samarasinghe
at a news briefing held today (03 August 2007) informed that in
a supplementary report titled “Independent Forensic Investigation
of the Muttur Massacre,” Dr. Malcolm Dodd, Consultant Senior Forensic
Pathologist from Australia, has upheld the Sri Lankan Government
analyst’s opinion in the investigations into the ACF killings in
August 2006. Earlier Dr. Dodd had expressed the view that one of
the projectiles recovered from one of the victims was of a 5.56
calibre, and not of 7.62 calibre as were the rest, as concluded
by the Sri Lankan Government analyst.
Secretary of Foreign Affairs, Dr. Palitha Kohona pointed out that
the comments contained in the initial Dodd Report had been used
by several international groups to discredit the Government of Sri
Lanka and to tarnish the image of Sri Lanka. Particular reference
was made to the June 2006 Birnbaum Report (International Commission
of Jurists – Addendum to report: Sri Lanka – The Investigations
and Inquest into the killing of seventeen aid workers in Muttur
in August 2006).
In the supplementary report from Dr. Dodd communicated through the
Australian High Commission in Colombo, and received by the Ministry
of Foreign Affairs today, Dr. Dodd has stated that the presence
of “a 5.56 calibre projectile can be confidently excluded”. Dr.
Dodd further states that he hopes “this supplementary report now
settles convincingly the issue of calibre of projectile removed,”
and “that all projectiles retrieved from the bodies examined were
of the same calibre (7.62).” Dr. Dodd has also refuted the Addendum
to the ICJ report, saying “there is no suggestion in my mind of
substitution of exhibits, and to this end I would categorically
refute the suggestion in the Birnbaum Report”.
Minister Samarasinghe said the Government of Sri Lanka appreciated
the assistance provided by the Australian High Commission in Colombo
in speedily ensuring that a clarification was obtained from Dr.
Dodd in relation to the discrepancy in his report. He also commended
Dr. Dodd for his professional integrity in acknowledging the suggestion
that gave rise to comments critical of Sri Lankan authorities. A
consensus position is now possible and the investigation can progress
unimpeded. The Minister further stated that it is now up to those
who had used the Dodd Report subjectively to cast aspersions on
the integrity on the Government of Sri Lanka and its investigative
processes, to retract their statements and in future not to leap
to unduly hasty conclusions, when not in possession of the full
facts.
Thandikulam Killings : Indictment to be served
The Attorney-General has advised the government that his department will forward an indictment in the case of the killing of 5 students belonging to the Agricultural College, Thandikulam on 18 November last year. Minister Mahinda Samarasinghe, Minister of Disaster Management and Human Rights, making a special announcement to the media on 4 July (Wednesday) stated that it is the government’s firm conviction that those who commit such heinous acts and bring opprobrium upon and dishonour to the country will never be excused. He added that such persons will be prosecuted to the full extent of the law. The Minister reiterated the government’s commitment to ensuring the proper investigation into and prosecution of offenders within the legal framework.
The killings of the 5 students followed an explosion in which 5 Sri Lanka Army personnel lost their lives. They were traveling along the A9 highway towards the Kokilai Army Camp when they were killed when the truck in which they were traveling was blasted by the explosion. The explosion, which cost these officers their lives, occurred opposite the agricultural college premises. Investigations revealed that, soon thereafter, a group of persons had arrived at the college, assaulted the students and shot at them.
After initial investigations by the Vavuniya Police, the Criminal Investigation Department took over investigations two days after the killing. A police constable and an army corporal were arrested and produced before the Vavuniya Magistrate after the investigations. The police constable was identified in a line up conducted in January. Subsequently, after thorough inquiry the Attorney – General has decided to forward an indictment to the relevant High Court.
Minister Samarasinghe invited persons who have witnessed any such incidents or have knowledge thereof to come forward and assist the law enforcement authorities. He added that, if relevant information was forthcoming, the government could take steps under the law to ensure that suspects could be prosecuted and convicted for their crimes.
February 20, 2007
Minister Mahinda Samarasinghe Submits Recommendations for Improvement of the Situation in Jaffna to Secretary, Defense at the Consultative Committee on Humanitarian Assistance
The Minister of Disaster Management and Human Rights Mahinda Samarasinghe submitted the recommendations made by the joint assessment team on Jaffna to the Secretary of Defense on February 20, 2007 at the Consultative Committee on Humanitarian Assistance.
The Consultative Committee on Humanitarian Assistance, which is held forthnightly under the chairmanship of Minister Samarasinghe, is represented by Gotabhaya Rajapaksa, Secretary of Defense, along with the Commissioner General of Essential Services; Secretaries of the Ministry of Foreign Affairs; the Ministry of Nation Building & Estate Infrastructure Development; the Ministry of Resettlement and Disaster Relief Services; the Ministry of Health and Nutrition; the Secretariat for Coordinating the Peace Process (SCOPP); Robert O Blake, Chairman of the Co – Chairs and Ambassador to the United States of America; Frederick Lyons, Resident Coordinator/Humanitarian Coordinator for the UN; heads of UN agencies; European Commission Humanitarian Aid Department (ECHO) and NGO representatives.
Recommendations for improvement were made by the joint assessment team on issues relating to essential supplies and services, health services, livelihood and movement of people.
Below are some of the key decisions taken by the Consultative Committee:
Commissioner General of Essential Services (CGES) and the World Food Programme (WFP) to work in close consultation towards building a buffer stock in Jaffna
CGES to strike a balance by sending nutritional items when shipping essential commodities to Jaffna
CGES to ensure that:
- Red rice be purchased locally and shipped to Jaffna
- Every shipment to contain medical supplies such as vaccines to build up stock
- Shipments to Jaffna would carry livestock feed, telecommunication repair equipment and construction material for development projects
- Backlog of mail and parcels to be cleared with Sri Lanka Navy
Ministry of Health to open a State Pharmaceutical Corporation (SPC) Osusala outlet in Jaffna so that private pharmaceutical traders and the public can obtain medical supplies from Osusala.
It was further agreed at the meeting that:
WFP would assist with barges and improving storage facilities in Jaffna
The UN would look into chartering a cargo plane to supplement government efforts in sending supplies to Jaffna
It was also decided that the following proposals be submitted for further action at the next CCHA:
Navy Commander, Security Force Commander, Jaffna and the Ministry of Fisheries to look into the possible extension of area of fishing and permitting different types of vessels to fish without compromising security considerations
Improve the passenger waiting area at the ports in Jaffna
Provide buses for the Jaffna peninsula in order to improve transport facilities
Possibility of reducing the cost of flights to Jaffna
It was confirmed that movement of patients is possible even during times of curfew once security headquarters has been informed. Both the Red Cross and St John’s Ambulance are in operation. Patients are also able to use their private vehicles with prior security clearance.
The next Consultative Committee on Humanitarian Assistance will be held on March 6, 2007.
Minister Samarasinghe Accompanies Joint Assessment Team to Jaffna to Review Flow of Goods and Services and Identify Bottlenecks
The Minister of Disaster Management and Human Rights, Mahinda Samarasinghe accompanied by a joint assessment team visited Jaffna on February 14, 2007 to assess first hand, the flow of goods and services to the area, to identify bottlenecks and to follow up on the recommendations of the recent United Nations Logistics Mission.
The government representatives of the joint assessment team included Rear Admiral Mohan Wijewickrama; Governor, Northern and Eastern Province, P Dias Amarasinghe, Secretary, Ministry of Disaster Management and Human Rights; A C M Razik, Secretary, Ministry of Resettlement and Disaster Relief Services; N B Liyanarachchi, Additional Commissioner General of Essential Services (CGES); H A A Chaminda, Assistant Secretary, Ministry of Defense (MOD); S M J Senaratne, Director General, Infrastructure and Development, Jaffna; Dr. Jayasunderabandara, Deputy Director General, Dental Services, Ministry of Health; Shirani Goonetilleke, Director Legal, Secretariat for Coordinating the Peace Process (SCOPP) and R M W A Kumarasiri, Project Director, World Food Programme (WFP), MNB & D.
Pio Mariani, Ambassador, Italian Embassy; Frederick Lyons, Resident Coordinator and Humanitarian Coordinator of the UN, Jeff Taft – Dick, Representative and Country Director, WFP; Agostino Borra, World Health Organisation (WHO) representative; Valentin Gatzinski, Head of Office, United Nations Office for the Coordination of Humanitarian Affairs (UNOCHA); David Verboom, Head of Office, European Commission Humanitarian Aid Department (ECHO); Chris Du Toit, Country Security Advisor, United Nations Department of Security and Services (UNDSS) and F Hashim, Deputy Executive Director, Consortium of Humanitarian Agencies (CHA) also made up the delegation.
Their assessment and recommendations will be submitted at a discussion with the Secretary of Defense at the Consultative Committee on Humanitarian Assistance chaired by Minister Samarasinghe on February 20, 2007. Among the issues to be raised are:
• Improvement of essential supplies including provision, distribution, storage, discharge and maintaining a buffer stock.
• Improvement of health services including provision of and access to health services and supplies; and the transportation and distribution of medical supplies and equipment.
• Livelihood issues and constraints faced in the industries such as:
o Fisheries including possible extension of are of fishing, lifting of curfew and time period of fishing, permitting different types of vessels to fish, and addressing the shortage of fuel without compromising security considerations.
o Construction including access to transport building material such as cement, steel rods, electrical items, etc.
o Agriculture including lack of seed and fertiliser, transportation of produce from Jaffna to other areas, and constraints faced due to shortage of fuel.
• Human security and movement of people
• Access and UN/Donor/INGO and NGO presence
• Confidence Building and Stabilisation Measures (CBSM)
The visit included inspection and assessment of the ports of Point Pedro, Kankasanthurai and Myliddy. The joint assessment mission, taking into consideration the recommendation of the UN Logistics Mission will look into improving the discharge capacity of the three ports.
Extensive discussions were held with Major General Chandrasiri, Special Force Commander; Rear Admiral Mohan Wijewickrama, Governor of the Northern and Eastern Provinces; K Ganesh, Government Agent, Jaffna along with key religious dignitaries, heads of government institutions, UN, I/NGO and civil society in Jaffna.
During discussions with key dignitaries including the Bishop of Jaffna and civil society members, the government commended its efforts to provide essential services, even under trying circumstances. While there are continued constraints, Minister Samarasinghe said that he would address the shortcomings.
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