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States of Emergency - Centre for Policy Alternatives

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suppressing opposition aimed at such violation or at perpetuating<br />

repressive practices against its population.”<br />

The stipulations <strong>of</strong> the Siracusa Principles and other sources <strong>of</strong><br />

international standards regarding states <strong>of</strong> emergency and human<br />

rights protection will be discussed further below.<br />

6.4
Sri
Lanka’s
International
Obligations:
ICCPR<br />

Sri Lanka acceded to the ICCPR on 11 th June 1980 (entry into <strong>for</strong>ce<br />

11 th September 1980). At the time <strong>of</strong> accession, it made a<br />

declaration recognising the competence <strong>of</strong> the treaty body, the<br />

Human Rights Committee, under Article 41 (i.e., the Inter‐State<br />

Complaints Procedure). Sri Lanka made a second declaration and<br />

acceded to the First Optional Protocol (i.e., the Individual<br />

Complaints Procedure) recognising the competence <strong>of</strong> the<br />

Committee to entertain complaints by individuals subject to its<br />

jurisdiction on 3 rd October 1997 (entry into <strong>for</strong>ce 3 rd January<br />

1998). No other reservations or objections have been entered by<br />

Sri Lanka. The ICCPR is thus part <strong>of</strong> the international obligations<br />

<strong>of</strong> Sri Lanka, while controversy prevails as to where it stands in<br />

respect <strong>of</strong> the First Optional Protocol following the judgment <strong>of</strong><br />

the Supreme Court in the case <strong>of</strong> Singarasa
 v.
 Attorney
 General
<br />

(2006). 343<br />

In addition to the substantive rights contained in Part III <strong>of</strong> the<br />

ICCPR, <strong>States</strong> Parties are bound by the overarching provisions <strong>of</strong><br />

the Convention, <strong>of</strong> which Part II is <strong>of</strong> signiLicance <strong>for</strong> this<br />

discussion. Article 2, which has been described as a fundamental<br />

343<br />

Singarasa
v.
Attorney
General
 (2006) S.C. Spl(LA) No. 182/99; decided<br />

on 15 th September 2006<br />

222

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