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Current challenges faced by SL indicate impacts of militarisation and lack of accountability: Bachelet

13 Sep 2021

In her oral update on the human rights situation in Sri Lanka delivered at the 48th session of the Human Rights Council, United Nations (UN) High Commissioner for Human Rights Michelle Bachelet claimed that the current social, economic and governance challenges faced by Sri Lanka indicate the “corrosive impact” that alleged militarisation and the lack of accountability continue to have on fundamental rights, civic space, democratic institutions, social cohesion and sustainable development.   Drawing attention to the state of emergency which was declared on 30 August with the aim of ensuring food security and price controls, Bachelet stated that “the emergency regulations are very broad and may further expand the role of the military in civilian functions.” Accordingly, she noted that their application will be closely monitored. While noting with interest the President’s recent meeting with some civil society leaders, Bachelet encouraged broader dialogue and steps to open Sri Lanka’s civic space. “Regrettably, surveillance, intimidation and judicial harassment of human rights defenders, journalists and families of the disappeared has not only continued, but has broadened to a wider spectrum of students, academics, medical professionals and religious leaders critical of government policies. Several peaceful protests and commemorations have been met with excessive use of force and the arrest or detention of demonstrators in quarantine centres,” she said. In terms of the Government’s efforts to draft new regulations on civil society groups, she highlighted that it is widely feared that such drafts will further tighten restrictions on fundamental freedoms and therefore urged that the draft be made public to allow the broadest possible discussion. Bachelet’s concerns over the developments in judicial proceedings in a number of emblematic human rights cases were also expressed, with special attention being paid to the Attorney General’s decision not to proceed with charges against former Navy commander Wasantha Karannagoda in the case of the enforced disappearances of 11 men in 2008 and 2009.   With regard to the recent Presidential pardon of former MP and convicted murderer Duminda Silva, Bachelet expressed that such moves “risks eroding confidence in the rule of law and judicial process.” Additionally, she also expressed deep concern about further deaths in police custody, and in the context of police encounters with alleged drug criminal gangs, as well as continuing reports of torture and ill-treatment by law enforcement officials. Meanwhile, she also drew attention to the de-radicalization regulations that were issued in March. “In March, new “de-radicalization” regulations were issued that permit arbitrary administrative detention of individuals for up to two years without trial.  I note that the Supreme Court has issued an interim stay order on their enforcement while it considers fundamental rights petitions to challenge the decree,” Bachelet said. Referring to the Prevention of Terrorism Act (PTA), she urged for a speedy resolution to these long-standing cases as an Advisory Board has been established to which detainees under the Act can apply for their cases to be reviewed. Despite the Government reaffirming its intention to revisit the Act and established a Cabinet sub-committee for this purpose, Bachelet said that she is deeply concerned about the continued use of the Act to arrest and detain people. “Lawyer Hejaaz Hizbullah has now been detained for 16 months under the Act without credible evidence presented before a court. Likewise, Ahnaf Jazeem, a teacher and poet, has been detained without charge since May 2020.  I urge an immediate moratorium on the use of the Act, and that a clear timeline be set for its comprehensive review or repeal,” she said. With regard to The Office of Missing Persons opening a sixth regional office in Kilinochchi,  Bacheleter urged for it to “inspire confidence among victims”. “I stress again the importance of transparent, victim-centred and gender sensitive approaches, and that reparations programs must be accompanied by broader truth and justice measures,” she said. Bachelet also noted that last month, the Global Alliance of National Human Rights Institutions decided to initiate a special review of the National Human Rights Commission to determine its compliance with the Paris Principles, indicating its concerns about the appointment process of the Commission and its effectiveness in discharging its human rights mandate. Against this backdrop, she stated that her Office’s work to implement the accountability-related aspects of Resolution 46/1 has begun, pending recruitment of a start-up team.   “We have developed an information and evidence repository with nearly 120,000 individual items already held by the UN, and we will initiate as much information-gathering as possible this year. I urge Member States to ensure the budget process provides the necessary support so that my Office can fully implement this work,” she said. Bachelet further encouraged Council members to continue paying close attention to developments in Sri Lanka, and to seek credible progress in advancing reconciliation, accountability and human rights.  She also acknowledged the inputs sent by the Government in preparation for this update, and referred to the President's statement in June that the Government is “committed to work with the UN to ensure accountability” and will implement "necessary institutional reforms.”  “I look forward to seeing concrete actions to this effect – in line with the recommendations that have been made in our reports and by various human rights mechanisms – and my Office stands ready to engage. I also encourage the swift and public release of the reports of the national Commission of Inquiry that was appointed in January 2021, which I understand will complete its mandate by the end of this year, so that its work and recommendations can be assessed,” Bachelet stated.


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