• Int’l report on country observes the targeted harassment on CSOs,HR defenders,journos and families of victims,  the misuse of legal frameworks to stifle dissent, and the prevailing culture of impunity  

In Sri Lanka, the targeted harassment of civil society groups, human rights defenders, journalists, and the families of victims of past violations remains a key fundamental rights issue. Legal frameworks such as the Prevention of Terrorism (Temporary Provisions) Act (PTA) as amended, and the International Covenant on Civil and Political Rights (ICCPR) Act, No. 56 of 2007, are being misused to stifle dissent, while the culture of impunity seems to continue in many spheres. This is despite the ongoing plans and discussions about establishing the rule of law, strengthening and updating the existing laws, and protecting human rights, and also the United Nations’ (UN) calls to protect civic freedoms.

Sri Lanka’s prevailing human rights situation, including the abovementioned matters, was recently analysed by an international alliance dedicated to strengthen citizen action and the civil society, CIVICUS, in its latest country report on Sri Lanka. It pointed out that in Sri Lanka, there has also been impunity for crackdowns on mass anti-Government protests including arbitrary arrests, judicial harassment and the excessive use of force. According to the CIVICUS Monitor (a research tool that provides close to real-time data on the state of the civil society and civic freedoms in 196 countries), the state of civic space in the country remains rated as ‘obstructed’.

SL’s human rights obligations, commitments

On 8-9 March 2023, the United Nations (UN) Human Rights Committee reviewed the country’s implementation of its obligations under the ICCPR. In its concluding observations, the Committee highlighted concerns around the harassment, intimidation, surveillance, disappearances and killings, with impunity, of journalists, human rights activists and other media workers, the misuse of the ICCPR to stifle the freedom of expression and the blocking of public access to social media platforms ahead of and during anti-Government protests in 2022.

CIVICUS explained recent developments concerning the international community’s concerns regarding Sri Lanka’s human rights situation: “The Committee also noted with concern the use of excessive force in dispersing peaceful assemblies, the application of counter terrorism legislation against protestors and the lack of effective investigations and prosecutions in these cases. It was also concerned about onerous requirements for the registration of non-Governmental organisations (NGOs) and the frequent denial of requests from organisations working on politically sensitive issues. In April, 2023, the United States said it would refuse visas on human rights grounds to a Sri Lankan Provincial Governor and former Naval Commander (Admiral of the Fleet Wasantha Karannagoda), who has been charged with killings during the Island nation’s long civil war. A Sri Lankan investigation accused Karannagoda, among others, of abducting teenage children from wealthy families and killing them after extorting money.”

In May, 2023, international human rights monitor Human Rights Watch (HRW) had noted that 14 years since the end of the country’s civil war, the Sri Lankan Government remains in denial about the atrocities committed by its forces, and that the Government’s Office on Missing Persons (OMP), which was set up to trace the disappeared, has made no progress. “Some Government officials implicated in alleged crimes remain politically powerful or hold senior positions in the Sri Lankan military,” it said, noting that the authorities continue to seize or hold land belonging to Tamil people or owned by Hindu temples.

This is in a context where this month’s (July) Universal Periodic Review (UPR) of Sri Lanka’s human rights record is to be adopted by the UN Human Rights Council (UNHRC) following its review in February, 2023. CIVICUS noted that the Sri Lankan Government has accepted recommendations on the civic space that it received during this cycle, including to repeal the PTA and ensure that any replacement legislation conforms to international human rights standards in order to guarantee the freedoms of expression, peaceful assembly and association, ensure a safe environment for the civil society, including human rights defenders and journalists, and also to refrain from imposing undue limitations on NGOs.

Raising concerns about the Government’s tendency to tighten the laws that apply to NGOs, the report added: “As previously documented by CIVICUS, in January, 2021, the Office of the UN High Commissioner for Human Rights (OHCHR) noted a pattern of intensified surveillance and harassment of NGOs by a range of security services, including the Criminal Investigations Department (CID), the Terrorism Investigation Division (TID),and the State Intelligence officials, who questioned them about administrative details and the activities of the organisations and demanded lists of staff, including personal contact details, donors and funding sources. The OHCHR also noted that the Government moved the NGO Secretariat, which supervises and monitors the registration and operations of NGOs, from a civilian Ministry to oversight by the Ministry of Defence and its intelligence arms.”

Challenges to fundamental rights and freedoms

In its report, CIVICUS discussed several recent incidents pertaining to the stifling of fundamental rights and the freedoms of journalists, public figures and activists.

“In recent months, the authorities have questioned or arrested activists, journalists and critics including stand-up comedienne Nathasha Edirisooriya, YouTube channel owner Bruno Divakara, journalists Ramachandran Sanath and Tharindu Udawaragedera and activist Prasad Welikumbura. Human rights lawyer Priyalal Sirisena has received threatening phone calls while another, Hejaaz Hizbullah, continues to face judicial persecution. The authorities are investigating an alleged speech made by five activists against the arrest of Edirisooriya, for contempt. There have also been attempts to weaken unions and to increase the monitoring of NGOs. The proposed draft terrorism law contains numerous provisions that threaten human rights, while protests have been met with excessive force,” it said. With regard to Edirisooriya’s incident, the report stated that the CIVICUS Monitor has documented how the ICCPR Act, which, among other provisions, criminalises the advocacy of ‘national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence’, has been misused over the years to criminalise activists, stifle the freedom of expression and detain and silence poets, writers and others. It further discussed at length the issues faced by some of the abovementioned figures in relation to their fundamental rights and also for speaking against harassments.

In addition, the report pointed out a number of concerns raised by international groups regarding the issues faced by journalists, activists and public figures in exercising their fundamental rights. These issues include legal actions against them. With regard to Sanath who international human rights organisation Frontline Defenders said was an outspoken critic of Government policies and was summoned to appear before the TID office in Nuwara Eliya for an inquiry, Frontline Defenders has added that they are, “deeply troubled by the acts of reprisals against Sanath, as well as other human rights activists and journalists, particularly those from the Tamil and Muslim communities.”

According to Frontline Defenders, on 21 and 23 May 2023, Sirisena had received threatening phone calls from unidentified persons who warned him to stop his work and actions against a ‘Minister’. Adding that although the Minister had not been named during the call, there is good reason to believe that the threats are linked to Sirisena’s legal action against a powerful elected official in Sri Lanka for contempt of court, the CIVICUS report further said that Sirisena is a human rights defender who has dedicated himself to supporting and advocating on behalf of victims of human rights violations in Sri Lanka, especially victims of custodial torture and arbitrary detention. More recently, Sirisena had been involved in a legal case against a State Minister for contempt of court based on this Minister’s public criticism of the relevant Magistrate’s Court’s decision to grant bail to protesters linked to the economic crisis. 

The report added: “In April, 2023, Sri Lankan President Ranil Wickremesinghe threatened school and university teachers who were boycotting the evaluation of students’ university entrance exams. Speaking at a meeting with Education Ministry officials, Wickremesinghe warned that he would declare education an essential service covered by emergency laws and bring legal action against teachers if they failed to report for the evaluation of exams within a week.”

Meanwhile, on 31 May 2023, the IndustriALL Global Union had reported that in another attempt to weaken trade union strength, the Government had arbitrarily removed four trade unions from the reconstituted National Labour Advisory Council (NLAC), a tripartite mechanism to discuss labour-related matters. Among them were the Commercial and Industrial Workers Union - United Federation of Labour (CIWU-UFL), the Ceylon Mercantile Industrial and General Workers’ Union (CMU), and the Free Trade Zones and General Services Employees' Union (FTZ and GSEU). In this regard, the IndustriALL Global Union said that this decision comes at a time when the Sri Lankan Government is proposing to reform the country’s existing labour laws, and that excluding representation in the NLAC of workers from the FTZs and export manufacturing sectors will allow employers to more easily negotiate for labour law reforms to their advantage.

In addition, issues, including legal issues, faced by lawyer and human rights defender Hizbullah, anti-Government protesters, and media personnel who reported Police violence against protesters, were also discussed in the CIVICUS report.

The PTA’s questionable replacement

Discussing the proposed Anti-Terrorism Act (ATA),which is intended to replace the notorious PTA, the CIVICUS report said:“According to the HRW, while the new Bill contains some improvements, it includes provisions that will facilitate abuse. Its definition of terrorism is vague and overbroad and can include peaceful protest or acts that, while criminal, do not rise to the level of any reasonable definition of terrorism. While under the PTA, the authorities can detain a suspect for up to a year on orders signed by the Defence Minister, the proposed Bill gives the authority to issue detention orders to Deputy Inspectors General of Police (DIG), increasing the risk of abuse. The Police could take a detainee from pretrial detention back into Police custody, and the Defence Secretary could transfer a detainee to the custody of “any authority.” This puts suspects at greater risk of torture and other ill-treatment, as abuses under the current law demonstrate. 

“The proposed Bill also grants the Police and the military sweeping powers to stop, question, search and arrest anyone, or seize any document or object without a warrant if they believe they have “reasonable grounds.” The military, which is not trained in law enforcement, would have 24 hours to transfer a detainee to Police custody, placing detainees at greater risk of abuse. The President, on the advice of the Police or the military, would be authorised to declare any location a “prohibited place,” with up to three years in prison for violations.” 

It noted however that following strong pushback from the civil society, the draft Bill has now been recalled for additional consultations.