Human rights situation in Sri Lanka continued to deteriorate: UK’s Human Rights and Democracy report

The overall human rights situation in Sri Lanka continued to deteriorate since last year with increasing surveillance and intimidation on civil society, Human Rights and Democracy: 2020 report compiled by UK’s Foreign, Commonwealth & Development Office said.

“The Government delivered free and peaceful parliamentary elections despite the COVID-19 pandemic, and maintained low numbers of COVID-19 cases compared to global figures. However, there was increased surveillance and intimidation of civil society, constraints placed on communities practising religious burial rites, a number of lengthy detentions without charge, and several setbacks on post-conflict accountability and reconciliation,” the report noted.

The report also noted that at the UN Human Rights Council in February, the Sri Lankan Government withdrew its support for resolutions 30/1, 34/1, and 40/1 on post-conflict transitional justice, accountability and reconciliation. “Although it announced its commitment to a domestic mechanism for reconciliation and accountability, there was no progress on this.”The UK made clear its commitment to reconciliation and accountability in statements delivered on behalf of the Core Group on Sri Lanka at the HRC in February, June and September,”

Key excerpts from the report on Sri Lanka as follows:

“Sri Lanka’s commitment to accountability was further called into question in March when President Rajapaksa pardoned and released former Army Staff Sergeant Sunil Ratnayake, who was convicted in 2015 for the murder of eight civilians (including children) in Jaffna in 2000. The President continued to appoint controversial military figures accused of war crimes to government roles, while civilian functions such as the Secretariat for Non-Governmental Organizations were brought under the control of the Ministry of Defence,”

In October, the Government passed the 20th Amendment to the Constitution, which extended executive power over appointments to the judiciary and independent institutions, and reversed several important institutional checks and balances, the report stressed.

In March, the President dissolved parliament ahead of elections, which were then twice postponed because of the COVID-19 outbreak. Although the Government went on to deliver peaceful and democratic elections in August, the delay resulted in a lack of parliamentary oversight between March and August. The Government instead formed several presidential ‘taskforces’ without parliamentary scrutiny, including to oversee the COVID-19 response.

In March, the Government also announced a policy of mandating cremations for all COVID-19 deaths, despite World Health Organization guidelines that permitted burials. This particularly affected Muslim and some Christian communities, for whom burial is an essential rite. In December, the Supreme Court dismissed several petitions that challenged this policy.

The outbreak of COVID-19 also led to an increase in anti-Muslim sentiment, fuelled by hate speech and disinformation suggesting that Muslims were ‘carriers’ of COVID-19 and were violating prevention measures. In June, the UN High Commissioner for Human Rights, Michelle Bachelet, expressed concern over the clampdown on freedom of expression, noting an announcement made by the police in April to arrest those critical of the Government’s COVID-19 response.

Through the Conflict, Stability and Security Fund (CSSF) programme and during the COVID-19 pandemic, the UK supported victims of sexual and gender-based violence who were particularly affected by lockdowns and stay-at-home measures.

The UK also helped build media capacity to highlight the impact of COVID-19 on marginalised communities. In October, media reports alleged that judicial medical officers and police had conducted invasive intimate examinations on LGBT+ persons without their consent, following which the Justice Minister Ali Sabry gave instructions to halt and investigate the practice.

Throughout the year, the Government continued to use the Prevention of Terrorism Act (PTA), despite a renewed pledge at the 43rd session of the HRC to review the legislation.

In April, prominent human rights lawyer Hejaaz Hizbullah was arrested by Sri Lanka’s Criminal Investigation Department under the PTA. Hejaaz was detained without charge or presentation before a court. International rights groups noted an increase in intimidation, surveillance and online abuse, including threats to lawyers, journalists, families of disappeared persons and individuals working on human rights and anti-corruption.

In November, unrest at Mahara prison over COVID-19 concerns resulted in the death of eleven inmates and injury of over 150. A committee appointed to investigate the unrest concluded that the inmates’ demands had been reasonable, and autopsies revealed that all inmates had died of gunshot wounds.

In November, the Human Rights Commission of Sri Lanka wrote to the Inspector General of Police to highlight an increase in deaths in custody, and released a prison study which noted that the treatment of prisoners fell below international standards.

In 2021, the UK will continue to press for progress on human rights, gender equality and protections for minorities and vulnerable groups. “We shall continue to invest in ambitious programmes which support conflict-affected communities, promote the role of civil society, facilitate social cohesion, and underline the critical importance of post-conflict reconciliation and accountability.”