Wednesday, January 20, 2010

Human Rights Improved EU Freezes Generalised System of Preferences (GSP) to Sri Lanka - 19.10.2009

The European Union has decided to freeze Generalized Systems of Preferences (GSP allows Sri Lankan 7,200 products to enter EU markets free of taxes or duty free access) to Sri Lanka as a collective punishment for so called Human Rights Violations during war against LTTE separatist terrorism.

LTTE terrorism has destroyed the tiny island, Sri Lanka both economically and socially. The present president of Sri Lanka Mahinda Rajapakse ended 30yr war by eliminating entire LTTE leadership and most of its members in 2years of his four year presidency. The West Europeans (especially EU) strongly condemned the President Mahinda Rajapakse's war on LTTE and threatened to use economical sanctions if the war against LTTE was not stopped. President Mahinda Rajapakse continued his war against LTTE, and eliminated entire LTTE leadership and most of its members. EU is bit embarrassed of Mahinda Rajapakse and uses its resources to punish this war torn tiny nation collectively. EU's accusations are war crimes during last phase of war against LTTE, human rights violations, 300,000 IDPs (Tamil refugees), media freedom, labour etc which have improved (investigations to deaths were done, 200,000 IDPs resettled etc) since the war over on 19th May 2009.

Now, Sri Lanka has become again a focus point. The presidential Elections will be held on 26th January 2010, West Europeans use this golden opportunity and use their resources to influence Sri Lankans not to choose Mahinda Rajapakse because MAHINDA RAJAPAKSE defeated 30 year conflict on which they lived as a parasite letting Sri Lankan poor people suffer three decades. The cause of the conflict was not apparently genuine but  initiated from a group of Eelam extremists who claim Tamils are discriminated and genocided by the majority Sinhalese while 58% of minority Tamils live among Sinhalese and Europeans used it as a weapon to carve out Sri Lanka and promote two states option as a solution to the conflict like they did in other conflict zones.

The approach of Mahinda Rajapakse to the conflict is integration and democratization giving all citizens equal rights.


Reference:
Q & A with Head of EU delegation to Sri Lanka Bernard Savage:
http://ipsnews.net/news.asp?idnews=49069

Link to EU Press release on Commission statement on Sri Lanka GSP+ report 19 October 2009: http://trade.ec.europa.eu/doclib/press/index.cfm?id=466&serie=275&langId=en

EU Final reprot on Invstigations:
http://trade.ec.europa.eu/doclib/docs/2009/october/tradoc_145152.pdf

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Press release 19 October 2009

Generalised System of Preferences (GSP) Brussels

Commission statement on Sri Lanka GSP+ report
Following the adoption of a report on Sri Lanka and GSP+ treatment, the European Commission spokesperson for Trade, Lutz Güllner, issued the following statement :

"The Commission has completed a thorough investigation into the human rights situation in Sri Lanka and in particular whether Sri Lanka is living up to the commitments it made to respect international human rights standards when it became a beneficiary of the European Union's GSP+ trade incentive scheme which provides for additional trade benefits.

The report comes to the conclusion that there are significant shortcomings in this area and that Sri Lanka is in breach of its GSP+ commitments.

We will now consult with Member States on whether to prepare a proposal with a view to temporarily suspending these additional trade benefits.

At the same time, the Commission is determined to pursue its dialogue with Sri Lanka on the substantive human rights problems identified in the report and the steps that Sri Lanka can take to address them. We want to work constructively with Sri Lanka on this and expect that any actions taken to improve the human rights situation will be suitably vigorous, rapid and verifiable."

Background
The investigation identifies significant shortcomings in respect of three UN human rights conventions – the International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture (CAT) and the Convention on the Rights of the Child (CRC) - such as to indicate that Sri Lanka at present is not effectively implementing them. The investigation has relied heavily on reports and statements by UN Special Rapporteurs and Representatives, other UN bodies and reputable human rights NGOs.

The Commission launched an investigation on 14 October 2008 to assess whether the national legislation of Sri Lanka incorporating three UN human rights conventions was effectively implemented. These three conventions are among the 27 international conventions that form part of the substantive qualifying criteria for GSP+.

GSP+ relies on beneficiary countries' continuing to respect the substantive eligibility criteria for the scheme. If this no longer is the case, the relevant EC Regulation foresees that the Commission should undertake an investigation to clarify the situation, and then in the light of its findings, take appropriate action either to confirm the continuation of GSP+ benefits or to propose to EU Member States in the Council that they be temporarily withdrawn. In light of the findings of the investigation, the Commission must therefore now consider whether to propose a temporary withdrawal of some or all of Sri Lanka's benefits under GSP+ to EU Member States in the Council.

Sri Lanka is a major beneficiary of the trading opportunities offered by GSP+. In 2008, EU imports from Sri Lanka under GSP+ totalled EUR 1.24 billion. The most important import products benefiting of these trade preferences were t-shirts and other clothing items, as well as fisheries products. Any future temporary withdrawal of GSP+ treatment would mean that EU imports from Sri Lanka would instead be subject to standard GSP preferential treatment. If the latter had been applied to actual import volumes in 2008, an additional EUR 78 million in import duties would have been collected. It is not possible to forecast accurately the possible economic impact of reversion to standard GSP treatment in the EU market, since this will depend on several other factors as well as the import tariff level.

Additional background information on GSP+
"GSP+" is common shorthand for the "special incentive arrangement for sustainable development and good governance" which is one of three non-reciprocal, preferential import regimes for developing countries under the EU's Generalised System of Preferences (GSP). Under GSP+ the EU provides additional preferences – beyond standard GSP treatment – to economically vulnerable developing countries which have ratified and effectively implemented 27 international conventions in the fields of human and labour rights, sustainable development and good governance and which voluntarily apply for GSP+ benefits and accept the associated conditions. Sri Lanka is a current beneficiary of GSP+, along with 15 other Developing Countries. Like all other GSP+ beneficiaries, Sri Lanka committed to maintain its ratification and effective implementation of the 27 conventions when it applied for the scheme.

GSP+ preferences depend on beneficiary countries' continuing to respect the substantive eligibility criteria for the scheme. If this no longer is the case, the relevant EC Regulation foresees that the Commission should undertake an investigation to clarify the situation, and then in the light of its findings, take appropriate action either to confirm the continuation of GSP+ benefits or to propose to EU Member States in the Council that they be temporarily withdrawn

http://trade.ec.europa.eu/doclib/press/index.cfm?id=466&serie=275&langId=en


Notice on the GSP+/Sri Lanka issue - 19 October 2009


Sri Lanka has benefited from the European Union's Generalised System of Preferences special
incentive arrangement for sustainable development and good governance (“GSP+”) since 2005.
GSP+ provides additional tariff preferences – in the form of additional reductions or even
elimination of import duties beyond those already provided in its standard GSP - for vulnerable
developing countries which ratify and effectively implement certain core international conventions
on human and labour rights, environmental protection and good governance.
The granting and maintenance of GSP+ benefits is conditional on the beneficiary countries fulfilling
conditions for eligibility set out in Council Regulation (EC) No 732/2008 (the GSP Regulation).
The regulation makes provision for the temporary withdrawal of some or all GSP+ benefits if
national legislation no longer incorporates the relevant international conventions or if legislation is
not effectively implemented. Where the Commission receives information that may justify such
temporary withdrawal, the GSP Regulation provides for the Commission to undertake an
investigation to clarify the situation and propose appropriate action.
In light of available information, the Commission determined that there were sufficient grounds to
open an investigation into the effective implementation of certain human rights conventions by Sri
Lanka on 14 October 2008. Sri Lanka continues to benefit from GSP+ preferences pending the
conclusion of the investigation and was therefore included in the list of GSP+ beneficiary countries
for 2009-11 subject to the outcome. The Commission completed its investigation and approved a
report on its findings on 19 October 2009.
The Commission received and carefully examined submissions made by interested parties in
response to a public notice, available reports, statements and information of the United Nations as
well as other publicly available reports and information from relevant sources, including nongovernmental
organisations. The Commission also requested an independent expert assessment of
the effective implementation of the three conventions at issue. Finally, the Commission took into
account the information provided by Sri Lanka in the framework of the parallel political dialogue.
The Commission's findings are that the national legislation of Sri Lanka incorporating international
human rights conventions, in particular the International Covenant on Civil and Political Rights, the
Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and
the Convention on the Rights of the Child, is not being effectively implemented.
In the light of these findings, the Commission will now consider whether a temporary withdrawal of
some or all of Sri Lanka's GSP+ benefits is called for and make a suitable proposal to EU Member
States in the Council. If such a proposal is made and subsequently adopted by the Council, it would
enter into force six months after the date of adoption.

Final Report of the EU investigation http://trade.ec.europa.eu/doclib/docs/2009/october/tradoc_145152.pdf

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