22A needs to be approved by referendum costing Rs. 10 billion: Anura Kumara

Claiming that the proposed 22nd Amendment to the Constitution is required to be passed by a referendum which costs Rs. 10 billion, NPP leader Anura Kumara Dissanayake said today President Ranil Wickremesinghe is plotting to bring in such an amendment at this juncture to create confusion among the people.

Speaking at a public meeting with Sri Lankans in Tsukuba, Japan, he said the 22nd Amendment is brought into amend Article 83 of the Constitution which deals with the tenure of the President and added that the Supreme Court has already given its observations that the President’s term is five years.

“The 22nd Amendment needs to be approved by a referendum. It costs Rs. 10 billion. The President is even ready to spend Rs. 10 billion to create confusion among the people. However, the process of the 22nd Amendment will take several weeks and by then Ranil Wickremesinghe would have gone home after being defeated at the election,” he said.

Dissanayake said even though Ranil Wickremesinghe is trying to create quandary and confusion among the people, it is very clear that Ranil is in a quandary whether he will get a chance to contest.

“Ranil is still in a quandary whether he will get a chance to contest. From which party, symbol is he going to contest? Just because he is in a quandary, he is trying to create confusion among the people about the election,” he said.

Refuting allegations that Rs.70 million had been spent for his foreign visits, Dissanayake said he will reveal all his expenses for foreign trips soon and challenged the President, Minister Harin Fernando and Manusha Nanayakkara to reveal the expenses for their foreign trips as well.

“We have not spent any public funds for foreign trips,” he said.

Former Australian PM Morrison presented with a copy of Indo-Lanka physical connectivity

Pathfinder chief, Milinda Moragoda, presented a copy of the Pathfinder Foundation’s Study Group Report On India-Sri Lanka Physical Connectivity to former Australian Prime Minister Scott Morrison here in Colombo.

During his tenure in office, PM Morrison played a pivotal role in developing Australia’s relationship with the Indo-Pacific region in general, and India in particular.

The Study Group was convened by Eng. R.W.R. Pemasiri, former Secretary of the Ministry of High Ways and Transport. The report was formally presented at an event jointly organized by the Pathfinder Foundation and the Ananta Aspen Center in New Delhi.

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Threat of early dissolution of House to get first time MPs’ support to 22A?

Those close to President Ranil Wickremesinghe had threatened first time MPs that Parliament would be dissolved if they do not support the 22nd Amendment, Education Secretary of the Frontline Socialist party (FSP), Pubudu Jagoda alleged yesterday.

The 22A seeks to amend the Constitution to bring Article 83 in conformity with the amendments made by the 19th Amendment to Articles 30(2) and 62(2).

Jagoda said the amendment was unnecessary and made no sense whatsoever in constitutional terms. Wickremesinghe and company, in bringing this amendment, wants to delay the presidential election, as the exercise entail holding a referendum in addition to being passed by Parliament, he said.

“Leaders of the government are demanding MPs to support this Bill. If they do not vote for the Bill, the Parliament will be dissolved. There are a lot of first time MPs in Parliament and if it is dissolved early, they will lose many benefits, including pensions,” he said.

Jagoda said the behaviour of the Election Commission is highly suspicious. Chairman of the Election Commission R.M.A.L. Ratnayake told a recent press conference, given that candidates follow auspicious times, the Commission, too, would fix a date and time ensuring that the ‘Rahu kalaya’ is avoided.

“You can look at a ‘litha’ and avoid the Rahu kalaya. We have had many elections in the past and we have not chosen dates and times based on auspicious times,” he said.

Meanwhile, Minister of Justice, Wijeyadasa Rajapakshe, however, said he instructed the Secretary to his Ministry, on Thursday evening (18) not to Gazette the 22A, until the Presidential election is held.

President orders to gazette 22nd Amendment withheld by Justice Minister

The 22nd Amendment to the Constitution has been published via a Gazette notification by order of President Ranil Wickremesinghe.

On Thursday (18), Minister of Justice Wijeyadasa Rajapakshe had instructed his ministry’s secretary not to publish the Gazette notification on the 22nd Amendment to the Constitution until the Presidential Election is held.

However, the Justice Minister had claimed that this decision was made in order to eliminate the uncertainty regarding the holding of the presidential election.

This amendment will enable the paragraph (b) of Article 83 of the Constitution pertaining to the President’s term to be amended by replacing the words “to over six years” with the words “to over five years” stated in paragraph (b) of Article 83 of the Constitution.

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It is regretted that President places blame on me for current constitutional error – Jayampathi

Dr. Jayampathi Wickramaratne , the former MP who played a key role in drafting the 19th Amendment , said the upper limit of the term of President and Parliament as mentioned in Article 83 of the Constitution was not touched at that time only to avoid a referendum, and therefore it is regretted that President Ranil Wickremesinghe placing the blame solely on him for the constitutional error.

Issuing a statement in response to the President’s remarks, he said , “I wish to set the record straight.
Presidential candidate Maithripala Sirisena signed a memorandum of understanding with a group of 49 political parties and organisations headed by the Venerable Maduluwawe Sobitha Nayaka Thero at Viharamaha Devi Park, in which he pledged to abolish the Executive Presidency altogether. However, the very next day, he signed another MOU with the Jathika Hela Urumaya, in which he pledged not to make any constitutional change requiring a Referendum. Mr Sirisena’s election manifesto also stated that no constitutional reform necessitating a Referendum would be initiated.
Soon after being sworn in, President Sirisena appointed Mr Ranil Wickremesinghe as Prime Minister. Constitutional affairs was Gazetted as a subject under Prime Minister Wickremesinghe. A Cabinet sub-committee headed by Premier Wickremesinghe was appointed to oversee the Nineteenth Amendment process. The five-member team that prepared the initial draft comprised three retired officials who had served in very senior positions in the Legal Draftsman’s Department, myself and another lawyer. The entire drafting process was carried out on the basis that the Bill should not be placed for approval at a referendum, in keeping with President Sirisena’s electoral pledge. While the terms of the President and Parliament were proposed to be reduced from six to five years, the upper limit of six years was not touched as that would require a Referendum. Article 83 of the Constitution mandates that a Bill that seeks to amend or is inconsistent with particular Articles listed or the said upper limits would be required to be passed by a two-thirds majority in Parliament and approved by the People at a Referendum. It is essential to note that Article 83 itself is included in the list of provisions requiring a Referendum.
The several drafts prepared were all shared and discussed with the Cabinet sub-committee. The draft finally approved by the Cabinet sub-committee was then sent to the Legal Draftsman, who took over as required by law and made some changes. It was then sent to the Attorney-General, who took the view that certain clauses, especially some that reduced the powers of the President, would require a Referendum. Prime Minister Wickremesinghe had several meetings with the Attorney General to discuss the matter. I participated in one such meeting. Several changes had to be made to the Bill because of the Attorney-General’s position.
Prime Minister Wickremesinghe presented the Bill to Parliament. When it was challenged in the Supreme Court, the Attorney-General argued on behalf of the Government that no provision required a Referendum. The clauses that the Supreme Court held to require a Referendum were either amended or withdrawn in Parliament.
In light of the above, I regret that President Wickremesinghe has thought it fit to place the entire blame on me for not reducing the upper limits of the President’s and Parliament’s terms. I reiterate that the entire amendment process was based on avoiding a Referendum following President Sirisena’s pledge at the Presidential election,”

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Govt. rift deepens; President overrides Justice Minister, clarifies 22A

In what appeared to be a conflict of opinion within the Cabinet, President Ranil Wickremesinghe defied Justice Minister Wijeyadasa Rajapakshe and went ahead with the publication of the ‘22 Amendment to the Constitution Bill’ in a gazette notification last afternoon.

It happened a day after Minister Rajapakshe told the press that he would not proceed with the announcement of the bill in the gazette notification until the presidential election is over as otherwise it would create confusion in the minds of the people in the run-up to the Presidential Election.

Asked for a comment in this regard, Wijeyadasa said he intended not to proceed with the bill because it would lead to confusion only at this hour.

He said the President, as the head of the Cabinet, however, had gazetted it yesterday.

Asked what he would do next, the Minister said, “I will let you know in due course.”

In response to a query about the President’s move, former Finance Minister Ravi Karunanayake who is close to the President said the new bill is meant only to correct a constitutional error in the enactment of the 19th Amendment to the Constitution in 2015 and it has nothing to do with the postponement of the election.

“There is no move to postpone the elections,” he said.

Asked what would happen in case the Supreme Court determines that it should be referred to approval of people by referendum, he said, “Then so be it. It has nothing to do with the postponement of the elections.”

President Wickremesinghe is reported to have clarified his position to his close links that he does not intend to postpone elections.

The relevant gazette notification was issued on July 18, 2024, to amend Article 83 (b) of the Constitution. According to clause 2 of the bill, Article 83 (b) of the Constitution is amended by the substitution of the words “to over six years,” of the words “to over five years.

Once it is gazetted, it will be presented in Parliament. Afterwards, any party can challenge the constitutionality of the bill. Only the Supreme Court is authorised to determine whether the bill can be passed only by two-thirds in the House or with the approval of the people by a referendum in addition to two-thirds.

If a referendum is to be declared during the presidential election, it will be a challenging task for the Election Commission to conduct both simultaneously. Also, the government has to secure two-thirds in Parliament.

Mr. Rajapakshe’s intention to contest the Presidential Election despite being part of President Wickremesinghe’s Cabinet has now led to an open confrontation, potentially widening the rift between him and the President.

The move by President Wickremesinghe can be seen as a strategic step to assert his authority and perhaps undermine Mr. Rajapakshe’s political ambitions, setting the stage for a contentious and unpredictable election season.

Meanwhile, the President, in a public address, said yesterday that he regrets that this constitutional oversight could not be corrected at that time when the 19th Amendment was enacted.

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Tamil Progressive Alliance tells President they prefer assimilation to isolation in Sri Lanka

Tamil Progressive Alliance (TPA) leader Mano Ganesan yesterday rejected the government’s Cabinet memo, titled “Establishment of New Settlement Villages in the Plantation Sector”. In a meeting with the President, Ganesan and his fellow MPs submitted a six-point alternative proposals.

“President Ranil Wickremesinghe invited the TPA to discuss his Cabinet memo, “Establishment of New Settlement Villages in the Plantation Sector”. We welcome any move, in principle, to de-link the lives of plantation workers from the modern slavery they are subjected to by the plantation employers. However, just renaming 200-year-old British built “line rooms” as “villages” is not a solution,” he said.

Ganesan said there is no point in keeping the plantation workers isolated “in the hills.” They, too, must be resettled in areas close to human settlements, which will allow them to integrate into the mainstream.

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My family’s “Black July” experience: A personal memoir D.B.S.Jeyaraj

The anti-Tamil pogrom ofJuly 1983 is an unforgettable chapter in the post-independence history of Sri Lanka. The catastrophic events of that dark month drastically affected the lives of several Tamils in Sri Lanka. As a Sri Lankan Tamil journalist, ‘Black July’ did have an effect on me in both personal and professional capacities. Furthermore, my family – like thousands of other Tamil families – was also affected and displaced during those turbulent times.
I was spared the full blast of that violence because I was not in Colombo then. I was on assignment to cover the Tamil United Liberation Front (TULF) Party convention in Mannar. Furthermore my family members though affected were fortunate in not having to undergo suffering on the scale of what some other Tamil families underwent then. Our family felt blessed in the sense that none of us were killed or physically hurt.
For nearly four decades I never wrote about ‘Black July’ from a personal perspective. I did not want to revive those painful memories. However, I did write about my family’s ‘black July’ experience in our sister paper the “Daily FT” last year to denote the 40th anniversary of ‘Black July’. Much of what I wrote then was from what I heard from my family members about their ordeal. This week’s column is a modified version of that article.

Family

My family comprised six persons in 1983. My parents, two sisters, brother and myself. I was the eldest followed by a sister, brother and sister. None of the children were married then. My father was a lawyer based in Kurunegala. My mother was a teacher. So too was the elder of my two sisters. My brother and I were working in Colombo, staying separately. My youngest sister was studying for her GCE (A) exam.
My mother retired in Kurunegala as a teacher in May 1982. After retirement, she wanted to move to Colombo and be with her children. She had earlier taught in Colombo for 17 years and always felt that Colombo was home. So we rented a part of a house along Cascia Avenue in Ratmalana. My mother, brother and youngest sister resided there.
My father and my other sister remained in Kurunegala and would come over to Colombo for the weekends. I continued to retain my room in Kotahena as I used to work late nights then at “The Island”. I would shuttle between Kotahena and Ratmalana relying on the 155 bus.
On Friday 22 July 1983 morning I left for Mannar to cover the TULF convention. I was in Mannar during the weekend when the anti-Tamil violence erupted. My father and sister had come down to Ratmalana for the 23-24 July weekend. My sister a teacher at the Tamil school in Kurunegala departed early morning on Monday 25 July to take the bus from Pettah and return to Kurunegala. My father stayed on intending to return to Kurunegala on Tuesday.

Ratmalana

Our Sinhala landlord was living in the adjacent section of the same house we were in at Ratmalana. He came over and said he had news of anti-Tamil violence in Borella and Thimbirigasyaya. He advised my family to hide in the marsh behind our house if a mob attacked. Meanwhile the morning newspapers had published the news of 13 soldiers being killed by the Liberation Tigers of Tamil Eelam (LTTE) in Jaffna. This news was also relayed over TV and Radio on the same day. The violence began escalating and spreading.
Mobs went into action in Ratmalana too. The mob that came down Cascia Avenue was led by the son of a United National Party (UNP) municipal councillor. My parents, brother and sister went behind to the marsh and concealed themselves in the bushes. There were water monitors and snakes moving about. My father and brother were armed with a large kitchen knife and hoe. My mother had had a minor accident some weeks ago and found it exceedingly difficult to crouch.
The mob leaders came to our landlord and inquired from him about my family. They had details of Tamils living in the vicinity. Our landlord said that his tenants had fled early morning upon hearing of the troubles. The mob then went to our entrance and attempted to break open the door. Some petrol was poured on the porch floor in a bid to set fire. When our landlord protested, he was told that they wanted to burn our furniture. Our landlord pleaded with the mob not to do so, saying the furniture belonged to him and not to the tenants. The mob then went off warning our landlord to inform them if my family returned home.
After nightfall, my family left the marsh and went back to the house through the rear. They spent the night there without putting on the lights. All seemed quiet at the crack of dawn on Tuesday 26 July. Our landlord wanted us to leave his house. My parents and two siblings walked to the Mt. Lavinia Police Station seeking protection. It was very early in the morning. There was no trouble along the way. Several Tamil families were at the station.
After a while, the Police escorted the families including mine to the newly set up refugee camp at the Ratmalana airport. As was to be expected the conditions at the overcrowded airport camp were terrible. Lack of space, poor sanitary facilities and inadequate food were but some of the problems.

Kurunegala

My family’s worry then was about my sister in Kurunegala. They knew I would be safe in “Tamil-speaking” Mannar. There were reports of a Kurunegala- bound bus from Colombo being stopped at Alawwa and all Tamil passengers being killed and hung on the bridge. So my family kept worrying whether she was safe or not. As for me I was worried sick about what may have befallen my family while I was safe in Mannar.
My sister however had reached Kurunegala safely. She stayed indoors at home quietly without venturing out. Her worry was about the rest of the family. One of our neighbours was a senior Sinhala police officer. So Tamils in the neighbourhood were well-protected.

Mannar

In my case, I was frantic with anxiety about the fate of my family. In those days there were no mobile phones. There was also the problem of gaining access to a telephone in Mannar and calling long distance to Colombo. Fortunately, for me I made contact with a Tamil public official named Terrence Philippupillai who was the secretary of the then Mannar district minister and Mutur MP M.E.H. Maharoof.
In those days I used to write a weekly column “Behind the Cadjan Curtain” for the “Sunday Island”. I found to my delight that the Mannar DM’s Secretary Terence was a regular reader and a fan. Thus telephone access was not a problem thereafter.
I was in regular touch with “The Island” editorial from Mannar. The editor Vijitha Yapa was out of the country when the violence began. The then deputy editor Gamini Weerakoon was in charge. I kept myself informed of what was happening by calling the editorial regularly. My colleagues and friends Ajith Samaranayake and Prasad Gunewardene took the office vehicle to Ratmalana and found out through our landlord that my family was safe at the airport camp.

Hulftsdorp

In the meantime the authorities at the Ratmalana Airport camp began allowing people to make local calls. My parents got in touch with one of my cousins, Noble Vethanayagam. He was a UNP member of the Colombo District Development Council (DDC) and closely associated with Prime Minister Ranasinghe Premadasa at that time. Noble Anna had moved to a new house in Bambalapitiya and turned his earlier residence in Hulftsdorp into his political office.
My cousin Noble Anna’s Hulftsdorp house had transformed into a mini-refugee camp with relatives seeking “asylum” there. It had Police protection. Arrangements were made for my family to move to Noble Anna’s place in Colombo 12.
My family and most of our relatives are Methodists. On Friday 29 July, three Methodist clergymen arrived in a van to take my family to Hulftsdorp. Since the vehicle was full of people, it was decided that my mother and sister would go in the van while my father and brother would follow by bus. The violence in Colombo and its outskirts had subsided by Thursday 28th and things seemed to be slowly returning to normal. But the situation changed suddenly.

Narrow escapes

A rumour began spreading that the Tigers were attacking Colombo. This was only a rumour but it provided a pretext for Tamils to be attacked again. Sadly several Tamils who had left the relative safety of refugee camps were brutally murdered on that notorious “Koti Dawasa” or Tiger Day. Both my father and brother had narrow escapes on that Friday.
They had started out from the airport camp and walked to Galle Road from where they intended to take a bus, taxi or three-wheeler to Hulftsdorp. But when they reached Galle Road, both got entangled with a furious mob going in search of Tamils again. My father and brother got separated in the melee.
My brother mingled with the mob and became part of it for a while. A section of the mob began marching down to the Airport camp threatening to destroy the Tamil refugees there. My brother marched along with them shouting slogans. Once the mob reached the airport, my brother slipped out and went into the camp showing his camp ID card. The mob ranted and raved, abusing in raw filth, the naval personnel guarding it. But the sailors stood firm and gradually the mob dispersed.
My father had a nasty encounter with another section of the mob. Some suspected he was a Tamil and threatened him. Since my father spoke Sinhala perfectly with the correct diction, they could not detect his ethnicity. Then he was asked to recite a Buddhist Gatha. My father replied truthfully that he was a Christian and not a Buddhist. Someone throttled his neck. My father gasped in Sinhala: “Is it worth your while to kill an old man like me”. He was let off. My father also went back to the Airport camp.

Methodist Clergymen

The van with Methodist clergymen was also accosted by a mob.The Sinhala pastors talked their way out. It was however decided that travelling to Colombo city was dangerous. So the vehicle changed course and reached Moratuwa. My mother and sister were given shelter at a Sinhala Methodist residence in Rawatawatte over the weekend. On 31 July Sunday evening, the Methodist priests took my mother and sister to Hulftsdorp.
They were in for a happy and pleasant surprise. My other sister in Kurunegala had come to Noble Anna’s safe house in Hulftsdorp. She was brought there in a Police jeep thanks to the help of the Sinhala Police officer neighbour. My father and brother also came to Hulftsdorp on Monday. The whole family – except for myself – was united again.
The Hulftsdorp house was full of people as more relatives had flocked there. So it was decided that only the women and children would stay there. My father and brother moved out and subsequently found accommodation at the refugee camp set up at S. Thomas’ College Mt. Lavinia.
My family informed “The Island” that all were safe and that my mother and sisters were at our cousin Noble’s house in Hulftsdorp. I spoke to them by telephone from the Mannar district minister’s office.

Returned to Colombo

I returned to Colombo on 4 August 1983. Muhammed, a Muslim journalist friend in Mannar who was the local correspondent for a Tamil newspaper, had made arrangements with a Muslim businessman to give me a ride to his hometown Kandy. I was to pose as a Muslim relative of his in case there was trouble.
The violence had diminished by then and the journey by car from Mannar to Kandy was uneventful. I got into a Colombo-bound bus from Kandy and went straight to the Island office at Bloemendhal Road. My friends and colleagues were happy to see me.
I plunged into work and started writing immediately under my byline. This was my way of coping with what had happened. Upon seeing my byline in the newspaper, many friends, contacts and news sources began phoning and talking to me.
I stayed in the Island premises, eating at the Sinhala and Muslim restaurants close to the office. I bathed in the shower at the drivers’ quarters and slept at night on the editorial department desks using the newspaper files as” pillows”. My friends Ajith, Prasad and Kule (K.C. Kulasinghe) would keep me company at night.
The editor Vijitha Yapa who had returned to Sri Lanka was worried about my sleeping over in the office and using the drivers quarters to bathe. Vijitha who had for long been a member of the MRA (Moral Re-armament) organisation was concerned about my safety. He was a sensitive soul who broke down and cried in front of me apologising for the hurt done to Tamils by some Sinhalese.
Vijitha put me up in a secluded room at his mother-in-law’s house. He would pick me up in his car in the mornings and drop me off later at night. It was a well-meaning gesture by the editor and my hostess was most kind and considerate. Much as I appreciated their kindness, I was somewhat uncomfortable about imposing myself upon them.
So I returned to my room at Kotahena. It was part of a large hostel with over 30 Tamil boarders. It was now deserted. I slept alone in my room and continued to work at the Island editorial. Gradually others too began returning to the hostel.

Kaddaively

Meanwhile my family tried to return to Ratmalana but our landlord would not allow it saying that he was frequently asked about our whereabouts and warned not to let us return. So my mother and two sisters went by train to my mother’s ancestral village Kaddaively in Jaffna. After some weeks, we shifted our furniture from Ratmalana to Jaffna as our former landlord wanted it removed.
My father returned to Kurunegala while my brother and I continued to live and work in Colombo. After some months my sister had to return to work in Kurunegala or lose her job as a teacher. Under those circumstances my mother and two sisters left Jaffna and returned to Kurunegala.
Thereafter my parents and sisters lived in Kurunegala. My brother and I were in Colombo. The important thing was that all members of the family were safe and had “survived” ‘Black July’. We were blessed in that way.

Down memory lane

This then is the story of my family’s ‘Black July’ experience. It is but one of the many stories of that time. Each tale was different in the details but all were the same in essence. I have tried to narrate our family tale in a detached manner but going down memory lane has been quite emotional and painful.
D.B.S.Jeyaraj can be reached at dbsjeyaraj@yahoo.com

Official Election Notice Next Week

The Chairman of the Election Commission said that the official announcement regarding the scheduling of the Presidential Election is expected to be made next week.

He made these comments during this evening’s Dawasa program on Sirasa TV.

R.M.A.L Rathnayake, the Chairman of the Election Commission, recently highlighted the traditional practices witnessed during an electoral process.

Rathnayake said that auspicious times, directions, and other cultural traditions are adhered to by many candidates when submitting their nominations.

The Chairman remarked, “It is essential to respect these longstanding traditions, which is why such factors will be taken into account when calling for nominations.”

The Chairman also addressed concerns regarding the election date.

While the Commission has the authority to declare elections on July 17th, the actual election cannot take place until after September 17th due to the latter being a Poya Day, a day of religious observance in Sri Lanka when elections are prohibited.

Furthermore, the day following Poya Day, September 18th, poses logistical challenges at temples and other venues designated as polling stations, due to increased activity and movement restrictions.

Rathnayake assured the public that the election date would be immediately after September 17th, ensuring it is the most suitable and feasible option.

The official election notice is expected to be released next week.

HRW Warns Against Continued Use Of PTA; Recommends Sri Lanka impose a full moratorium

Human Rights Watch said that Sri Lankan authorities continue to use the notorious Prevention of Terrorism Act (PTA) to target perceived opponents and minority communities without credible evidence to support the allegations despite repeated pledges to end the practice.

It added that while some victims have suffered years of arbitrary detention and torture, others are persecuted even after the case against them is dropped.

Meenakshi Ganguly, deputy Asia director at Human Rights Watch said that Sri Lanka’s extensive domestic security apparatus routinely uses baseless accusations of terrorism to target innocent people, silencing critics and stigmatizing minority communities

HRW recommends that the government should impose a full moratorium on the PTA and work to repeal it, and the authorities should draft rights respecting counterterrorism legislation in consultation with experts and civil society.

It also noted that foreign partners including the United States, EU, and UK should insist that Sri Lanka abides by commitments to repeal the law.

Human Rights Watch also recommended that the UN Human Rights Council should renew the mandates of resolution 46/1 for reporting and investigating human rights violations in Sri Lanka.

Meenakshi Ganguly, deputy Asia director at Human Rights Watch said said that foreign governments seeking to support improved governance and respect for human rights should prioritize action to end the Sri Lankan government’s misuse of counterterrorism powers.