• Call made for public not to exercise extra-judicial actions, and to amend domestic violence laws to cover household members

In a context where the National People’s Power Government has informed that it would consider the option of a new Constitution within their governmental tenure, it has also been suggested that the civil society embark upon and engage in a ‘shadow Constitution-making process’ to ensure greater civic participation.  

Speaking at an event held yesterday (11) to commemorate the International Human Rights Day, the Right to Life Human Rights Centre organisation’s Chairperson attorney Lakshan Dias stated that the civil society must lobby the Government and other legal institutions to reform certain “draconian” laws, such as the Prevention of Terrorism (Temporary Provisions) Act as amended. He urged the Human Rights Commission of Sri Lanka (HRCSL) to take the lead in initiating a dialogue that brings together all stakeholders to amend such laws.  

Commenting on the role of the civil society in the Constitution-making process, Dias noted that civil groups must undertake a “shadow Constitution-making process” to make the procedure more participatory. 

“We did this process during the period of President Chandrika Bandaranaike Kumaratunga’s Government in 2001. We advocated for a federal Constitution. I myself addressed hundreds of meetings on this matter. Therefore, we, the civil society, should take the lead in this mechanism,” he said. 

Dias also emphasised that such an approach would ensure broader civic involvement in shaping the Constitution, making it more representative of public aspirations. He highlighted the importance of collaboration between the civil society and institutions like the HRCSL to push for meaningful legal and constitutional reforms.  

Meanwhile, he said that although Sri Lanka has in place significant legal provisions to protect human rights, there is however a lacuna when it comes to the enforcement of those laws and a general reluctance to make interventions to uphold each other’s human rights. 

“We talk about torture at the hands of the Police. But, when a pickpocket thief is caught, people still assault such persons and we don’t intervene. There is a concern as to whether we can intervene because we may also have to get assaulted. But, at the very least, we have not been able to seek the necessary approaches to make such interventions,” he added. 

He stressed that tolerating such human rights violations is tantamount to tolerating human rights violations against known offenders, as both acts amount to an extrajudicial punishment. He added that the public should be encouraged to intervene to oppose such.

Elsewhere, he said that the laws pertaining to domestic violence is one example for laws that need to be updated, regarding which more interventions need to be initiated. Moreover, he noted that domestic violence can occur not only against women but any member of a residence, and that the relevant laws and interventions should therefore be updated to expand their scope.