Category: News

The Core Group on Sri Lanka at the UN Human Rights Council have expressed concern over the recent legislative developments regarding human rights in the country.

UK’s Deputy Permanent Representative to the United Nations Rita French delivering a statement on behalf of the Sri Lanka Core Group comprising Canada, Malawi, Montenegro, North Macedonia, the United Kingdom and the United States stressed that the Online Safety Act has the potential to severely restrict online communication and could potentially criminalise nearly all forms of expression, creating an environment that has a chilling effect on freedom of expression.

They urge the government to enact amendments to align the Act with Sri Lanka’s human rights obligations and commitments.

Further more, the Core Group called for the Prevention of Terrorism Act (PTA) to be replaced with legislation that is consistent with Sri Lanka’s international obligations, and encourage the release of unjustly held long-term PTA detainees and for Sri Lanka to maintain a moratorium on its use.

“As the government brings forward other legislation with potentially serious implications for fundamental freedoms and civic space, we encourage comprehensive consultations with stakeholders, including civil society, and due legislative process,” she noted.

FULL STATEMENT: This statement is on behalf of the Sri Lanka Core Group comprising Canada, Malawi, Montenegro, North Macedonia, the United Kingdom and the United States.

High Commissioner,

There have been several important legislative developments regarding human rights, reconciliation and civic space. Unfortunately, some of these developments give cause for concern.

The Online Safety Act has the potential to severely restrict online communication and could potentially criminalise nearly all forms of expression, creating an environment that has a chilling effect on freedom of expression. We urge the government to enact amendments to align the Act with Sri Lanka’s human rights obligations and commitments.

We continue to call for the Prevention of Terrorism Act (PTA) to be replaced with legislation that is consistent with Sri Lanka’s international obligations. We acknowledge the recent release of nine Tamil leaders detained last November. We encourage the release of unjustly held long-term PTA detainees and for Sri Lanka to maintain a moratorium on its use.

While we note the government’s efforts to establish a Commission on Truth, Unity and Reconciliation, we stress the importance of an inclusive participatory process to build trust in advance of any legislation. Any future commission must be independent, inclusive, meaningful, and transparent, meet the expectations of affected communities, build upon previous transitional justice processes, and provide pathways for accountability.

As the government brings forward other legislation with potentially serious implications for fundamental freedoms and civic space, we encourage comprehensive consultations with stakeholders, including civil society, and due legislative process.

We welcome the government’s stated commitments on land releases but note with concern reports of increased tensions around land seizures in the north and, particularly, the east of the country.

High Commissioner,

We urge the government to engage with you and your office to address these and other challenges, and we remain ready to support Sri Lanka in addressing HRC resolution 51/1.

Indicating the problem faced by the Sri Lanka Podujana Peramuna (SLPP) in facing the forthcoming Presidential election, Minister Prasanna Ranatunga told yesterday that his party, the SLPP would have to find a better candidate than President Ranil Wickremesnghe if it wants to field a candidate of its own.

He said that former minister Basil Rajapaksa will not contest while time is not ripe for Namal Rajapaksa to contest.

“I will support Basil if he contests for the presidency, but he will not contest” he stated.

Ranatunga, who is highly supportive of President Wickremesinghe’s recent decisions, warned that he will have to decide on his SLPP membership if the party decides to field another candidate.

He expressed these views at a party meeting held in his hometown, Udugampola in Gampaha District.

The United Nations (UN) has called for targeted measures against credibly-alleged perpetrators of serious human rights violations and abuses in Sri Lanka.

UN High Commissioner for Human Rights, Volker Türk, in an oral update on Sri Lanka at the UN Human Rights Council in Geneva, said that two years ago, tens of thousands of Sri Lankans took to the streets demanding deep democratic reforms and accountability for economic mismanagement and corruption, which resulted in the most severe socio-economic crisis in a generation.

“There was great hope that the country would embark upon a long overdue transformation that would benefit all its communities,” he said.

However, Volker Türk said that while the Government has taken important steps to stabilize the economy, he was concerned by the introduction of new or proposed laws with potentially far-reaching impact on fundamental rights and freedoms, the rule of law and democratic governance.

“These include the Online Safety Act; the Anti-Terrorism Bill; the Electronic Media Broadcasting Authority Bill; and the NGO Supervision and Registration Bill – which variously strengthen the executive, grant broad powers to the security forces, and severely restrict rights to freedom of assembly, association and expression, impacting not only on civic space but the business environment,” he said.

Meanwhile, Volker Türk said that the disastrous consequences of Sri Lanka’s economic crisis continue to bite deeply, particularly for the most marginalised.

“Poverty rose further to an estimated 27.9% last year. Nearly two-thirds of households across the country have seen their monthly incomes decrease since March 2022, while food, transportation, health and education costs continue to rise. Despite the Government’s efforts, social protection remains overstretched, and the government’s largest budget expenditure this year will go towards servicing its debt. I appeal for Sri Lanka to be given the fiscal space and support by international financial institutions and creditors to uphold economic, social and cultural rights,” he said.

This year, Sri Lanka marks 15 years since the end of a decades-long civil war. Yet, Volker Türk said that violations of human rights remain unaddressed.

“Tens of thousands of families of the disappeared are still looking for their loved ones and face intimidation, arrests and violence in their search. Land disputes continue to escalate in the north and east of the country impacting on people’s livelihoods. Provincial Councils and local government bodies, that promised a measure of devolution, are not currently constituted,” he added.

He also noted that it is also almost five years since the devastating Easter Sunday bombings, and despite Supreme Court orders victims are still seeking truth and justice.

While the Government has introduced a draft legislation for a Commission for Truth, Unity and Reconciliation, the environment for a credible truth-seeking process remains absent.

“My Office continues to receive allegations of surveillance, harassment and arrests by security forces of civil society representatives, journalists and victims, as well as of people who have been involved in organising commemoration events for war victims,” Volker Türk said.

Volker Türk said that he remains deeply concerned about recurring, credible accounts received by his Office of abductions, unlawful detention and torture, including sexual violence, by the Sri Lankan police and security forces, some of which allegedly took place in 2023, mainly in the north and east of the country.

Last week, the appointment of a new Inspector General of Police was confirmed, despite the Supreme Court’s finding that he was responsible for torture of an individual in 2010. These cases highlight the need for comprehensive security sector reform, the High Commissioner added.

Volker Türk said that his Office continues to work to advance accountability in Sri Lanka and is providing support to several jurisdictions undertaking criminal justice investigations, and is deepening its information and evidence base on specific incidents of human rights concern.

It has also been carrying out research on enforced disappearance and conducting consultations with victims.

The High Commissioner for Human Rights said that sustainable peace and reconciliation will not be achieved in Sri Lanka with regressive laws and authoritarian approaches, which will only serve to perpetuate the human rights concerns of the past.

“I urge the Government immediately to reverse this trend and undertake credible accountability measures to investigate and prosecute past and present human rights violations and economic crimes. I also urge Member States to continue to reinforce these efforts, including through appropriate use of universal and extra-territorial jurisdiction and targeted measures against credibly-alleged perpetrators of serious human rights violations and abuses,” Volker Türk said.

He noted that it is only through addressing the root causes of the country’s conflict and economic crisis, and ensuring accountability, that Sri Lanka will be able to enhance its prospects of achieving genuine reconciliation and sustainable peace and development.

The presidential election is the only election that the Constitution has set a time frame for and therefore it cannot be postponed, Commissioner General of Elections, Saman Sri Ratnayake has said.

“The Election Commission has no direct authority over holding other elections. For example, the tenure of the local council is four years. The line minister can hold the elections a year before, or he can extend the tenure of councils by a year. The tenure of a Parliament is five years but the President can dissolve Parliament after two and a half years into its tenure. This is not the case with a presidential election.”

The Constitution says that the tenure of the presidency is five years and there are no provisions to extend the tenure, according to Ratnayake. “On 18 November 2019, Gotabaya Rajapaksa was sworn in as President. The Constitution stipulates that the next election should be held between 18 September and 18 October.”

The Commissioner General of Elections said that even if the President dissolved Parliament in the first week of September, they had the capability of holding both the general and presidential election on dates close to each other.

“The Constitution says that if the President dissolves the Parliament, he or she is bound to provide the necessary funding and other facilities. This year, we asked for 20 billion rupees, to hold the presidential and local or provincial council elections. We only got 10 billion but if the government decides to hold local or provincial council elections, the Treasury has to provide us with necessary funds,” he said.

Ratnayake said the estimates for 2024 elections were based on prices that prevailed in late 2023. He added that there are about 800,000 first time voters for an election held in 2024.

Commenting on campaign financing, he said that it was not a new concept for Sri Lanka and campaign expenditure by candidates had been limited by law until 1977.

“George E. de Silva lost his seat in Parliament, in 1948, following an election petition, filed by his opponent T.B. Illangaratne, found him guilty and deprived him of his civil rights. Illangaratne said Silva got his manifesto translated for a fee of 40 rupees but had not put that on his list of expenditure. K. M. P. Rajaratne was fined Rs. 100 in 1955 by the district court in Badulla for not submitting his election expenses. He also lost his seat. The system operated during the first past the post system,” he said.

This changed with the proportional representation system where the political party submitted the nomination of candidates, he said. Before this each candidate was responsible for handing over his or her own nominations, Ratnayake said.

A politician needed funds to run a campaign, he said. However, when there was no cap on expenditure money became the determining factor in winning elections, he said. During the 2018 local council election, a candidate had spent 40 million rupees for a ward with 1,800 votes in Maduraketiya, Moneragala, Ratnayake said. The candidate was returned but was unseated by the Monaragala High Court subsequently.

The Election Commission is to consider a request to allow Sri Lankans living overseas to vote at future elections.

A request in this regard was put forward to the Election Commission by a civil society organization.

The group noted that there are thousands of Sri Lankans who are either employed overseas or are dual citizens.

The Election Commission was requested to make arrangements for Sri Lankans overseas to be able to vote from their respective counties at future elections in Sri Lanka.

The group noted that the Election Commission gave a positive response to the request.