Under the recent governments, Sri Lanka’s reputation for upholding fundamental human rights has been seriously dented. The 26-year civil conflict which ended in 2009, was linked to serious allegations of human rights violations and almost all relevant stakeholders were blamed for ignoring their accountability for the atrocities.
In the meantime, The United Nations Human Rights Council ordered that the UN gather and examine evidences of global crimes for upcoming indictments in 2021. Expanding the oppressive Prevention of Terrorism Act (PTA) broadened the avenue to commit torture and other forms of abuse quite easier. Human rights advocates, the families of prior abuse victims, and monitoring are all on common places. Minorities experience prejudice and threats, mainly the Muslims and Tamils.
On September 12, the Human Rights Council engaged in a conversation with Nada Al-Nashif, the acting High Commissioner for Human Rights with regards to the human rights situation in Sri Lanka. Presenting a report, Al-Nashif stated that since the last update in March 2022, the nation has been going through an unparalleled economic catastrophe. After several months of nationwide demonstrations, the President resigned, and the Sri Lankan Parliament chose a new leader on July 20, 2022. Acting Human Rights High Commissioner Al-Nashif urged the new administration to initiate a national conversation to advance human rights and reconciliation as well as to implement the more extensive institutional changes required to fight impunity and address the economic crisis.
Furthermore, thirteen years since the conflict in Sri Lanka was brought to an end, thousands of survivors and their families are still looking for answers regarding the whereabouts of their loved ones and for justice, despite Sri Lanka’s repeated failures to pursue transitional justice. Instead, succeeding administrations had aggressively promoted those people and credibly accused of war crimes into the highest echelons of power and built political barriers to accountability. The Acting High Commissioner urged member States to adopt other methods of promoting accountability at the global level, including by taking into account the targeted sanctions against accused offenders and working together to begin extra-territorial cases.
Sri Lanka’s Minister of Foreign Affairs Ali Sabry said his government was deeply concerned about the grueling socio-economic hardships its citizens are experiencing. Debt restructuring was the topic of conversation. Sri Lanka would make an effort to achieve the 2030 Agenda for Sustainable Development objectives. Several Member States of this Council – including Sri Lanka – had rejected the Resolution 46/1 because they did not believe it was legitimate.
According to Meenakshi Ganguly, South Asia Director for Human Rights Watch, “Sri Lankans are suffering from acute food shortages and other hardships, but the current administration is focused on repressing peaceful demonstrators and social activists.” To handle Sri Lanka’s severe economic crisis, the government should interact with the general population and international financial institutions.
According to the UN, 5.7 million people in Sri Lanka require humanitarian aid; with 4.9 million of them – 22% of the population – experience food insecurity, which means they do not always have access to sufficient quantities of nutritious food. A UNICEF poll conducted in late 2020 revealed that 36 percent of families had already cut down on their food intake due to the pandemic. In a survey conducted in April 2022 – just as the economic crisis began – that percentage qua News Report
Consideration Date
14th September
Consideration News outlets
Hiru TV – Hiru News (6.55pm)
TV Derana – Adaderana (6.55pm)
Swarnawahini – Live @ 8 (8.00pm)
Sirasa TV – News1st
ITN – ITN News
Observation
The Core Group on Sri Lanka is planning to present a draft resolution to the 51st session of the United Nations Human Rights Council (UNHRC) seeking the promotion of reconciliation, accountability and human rights.
The Core Group consists of the United Kingdom, the United States, Germany, Canada, Malawi, North Macedonia and Montenegro.
In its draft proposal, the Core Group has called upon the government of Sri Lanka to fulfil its commitments on the devolution of political authority, which is integral to reconciliation and the full enjoyment of human rights by all members of its population.
It also encouraged the Sri Lankan government to respect local governance, including through the holding of elections for provincial councils, and to ensure that all provincial councils, including the northern and eastern provincial councils, are able to operate effectively, in accordance with the thirteenth amendment to the Constitution of Sri Lanka.
The Core Group went on to underscore the importance of addressing the underlying governance factors and root causes which have contributed to this crisis including deepening militarization, lack of accountability in governance and impunity for serious human rights violations and abuses.
However, the Core Group expressed concerns at the human rights impacts of the economic crisis, including as result of increased food insecurity, severe shortages in fuel, shortages in essential medicines and reductions in household incomes, while stressing the need to promote and protect the rights of the most marginalized and disadvantaged individuals, including daily wage earners, children, older persons, and persons with disabilities.
It also raised concerns over other human rights developments since April 2022 including violence against and arrests of peaceful protestors, as well as violence against government supporters, resulting in deaths, injuries, destruction and damage to houses of members of Parliament and stresses the importance of independent investigations into all attacks and for those found responsible to be held to account.
The Core Group further noted that it remains concerned at continued militarization of civilian government functions; the erosion of the independence of the judiciary and key institutions responsible for the promotion and protection of human rights; lack of progress in addressing longstanding grievances and demands of Tamil and Muslim populations; surveillance, intimidation and harassment of journalists, human rights defenders, families of the disappeared and persons involved in memorialization initiatives, and sexual and gender-based violence.
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Sri Lanka will NOT participate in any military alliance, and certainly does not want the problems of the pacific coming in to the Indian Ocean, said President Ranil Wickremesinghe in Colombo on Wednesday (14).
Wickremesinghe speaking on Sri Lanka’s position in the geo-political stage said the country’s importance has appreciated and depreciated.
However, he said that the geo-politics of the Indian ocean has unfortunately made Sri Lanka the punching bag for Hambantota.
“It is not a military port. Though we are a commercial port it shows our strategic importance that many people come to conclusions which are unwarranted,” he said.
The President said that he hopes the next agreement Sri Lanka come to with China will not cause such speculation and such agreements will only be about debt reduction for Sri Lanka.
“We don’t participate in military alliance, and we certainly do not want the problems of the pacific coming in to the Indian Ocean. We don’t want this to be an area of conflict and area of war. Sri Lanka will not take part in any big power rivalry,” said President Ranil Wickremesinghe.
He also noted that Sri Lanka will stay out of any big power rivalry, adding that the country must ensure that big powers and the rivalry does not lead to conflict in the Indian ocean. “That is one thing we cannot afford,” he said.
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A preliminary round of discussions were held between President Ranil Wickremesinghe and Australian High Commissioner Paul Stephens to explore the opportunities for investment in renewable energy sector in Sri Lanka.
The discussion was held at the Presidential Secretariat on Wednesday (14) with the participation of a group of Australian investors.
President Wickremesinghe has emphasized priority for encouraging new investments in the renewable energy sector as a solution to the current electricity crisis and to ensure uninterrupted power supply.
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The Chinese Embassy in Colombo today clarified reports related to the entry ticket of the Lotus Tower in Colombo which is being circulated on social media.
A ticket claiming to be that of the Lotus Tower is being circulated on social media with information on exemptions for Parliamentarians and Chinese Nationals.
Responding to the reports, the Embassy said that the circulating ticket was forged and responded stating to visit the tower today and buy a ticket to see it with one’s own eyes.
The Embassy also shared an image of the original ticket of the Lotus Tower stating that it will be issued to the public tomorrow.
The first stage of the Lotus Tower will be declared open to the public on Thursday. September 15.
With the commencement of operations, tickets are available at the following prices: For locals, the normal pass will be Rs. 500, unlimited pass for the locals will be Rs. 2,000, and schoolchildren will be provided with the tour opportunity with the official permission of the principal of the respective school
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The Resolution to constitute the Parliament Committee designated “National Council” is scheduled to be debated on the 20th of September (Tuesday) from 10.30 am to 5.30 pm, following which, the approval of the Parliament is to be obtained, the Secretary General of Parliament Dhammika Dassanayake said.
This was decided at the Committee on Parliamentary Business held yesterday (14) under the chairmanship of Mahinda Yapa Abeywardana, Speaker of Parliament.
The Resolution to constitute the Parliament Committee designated “National Council” was included by the Addendum to the Order book issued on September 9th.
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The government had previously provided medicine, but people were having trouble paying for it. Schools had to close for a month due to fuel shortages, after the Covid-19 outbreak disrupted life for two years; the schools did finally re-open on July 25. Despite the fact that online teaching/learning practice was frequently adopted, many interviewees lamented that they could not afford to provide their kids with access to internet. According to reports, a lot of kids have abandoned schooling.
Samurdhi, which means “prosperity” in Sinhala, is Sri Lanka’s main social security programme that aims to provide monetary transfers to very low-income households. However, it is commonly acknowledged to be inefficient and corrupt, with advantages frequently taking into account one’s perceived political allegiances. Lesser than half of the poor were Samurdhi recipients, and benefit amounts are still mainly insufficient, the World Bank stated in 2021.
The Sri Lankan government has been pushed by UNICEF and the UN Development Programme to implement universal social protection schemes, which offer benefits to everyone in particular groups, such as children or the elderly. Programmes without means testing have been demonstrated to be less prone to political capture or corruption and to be more effective at eliminating poverty. In order to safeguard Sri Lankans’ rights from the impacts of the economic downturn, the government should cooperate with foreign organizations, such as the IMF, to create a new system of social protection, that is both capable of protecting everyone’s rights from the effects of the economic crisis and built to guard against corruption and mismanagement with an eye toward universal coverage and adequately fund the public health and education systems.
The extraordinarily low tax rates, along with tax exemptions that predominantly benefit the wealthiest locals and foreign investors, are a major contributor to the country’s economic debacle. Strong business interests have “eroded the tax base for years,” in many cases being exempt from paying any corporate taxes, according to economists who spoke to Human Rights Watch. As a result, the government has become more dependent on borrowing, including to pay off its debts.
Many of the demonstrators and policy experts attributed some of Sri Lanka’s economic crisis to government corruption. While the World Bank stated that it is “working closely with implementing agencies to build robust controls and fiduciary monitoring to guarantee these resources reach the poorest and the most vulnerable,” the IMF wanted “structural reforms to mitigate corruption vulnerabilities.” In such case, the crisis itself having many human rights violations and the government should be accountable towards the sufferings of the general public. And, it seems the government is not ready to correct their own mistakes.
Any foreign investigation imposed by the UN will not be accepted by Sri Lanka. Foreign Minister Mohamed Ali Sabry stated on September 6, that the government is willing to work with the international community to find a resolution to human rights issues, but any such resolution that must be in accordance with the nation’s constitution. The official was responding to the Human Rights Council’s investigation into alleged rights abuses during the country’s protracted civil war.
This statement itself doesn’t express the aspirations of the people. Students at Jaffna University denounced China for backing Sri Lanka on war crimes accusations at the UN and oppose Chinese efforts to expand into Tamil areas. In a letter published by the University Students’ Union at the University of Jaffna, they denounced the Chinese Ambassador’s tweet (thread) as irresponsible and criticized the assistance that China provided to Sri Lanka in preparation for the upcoming UN Human Rights Council sessions on the prosecution of war criminals. “We, the students of the Jaffna University are deeply hurt by the careless tweet from the Chinese envoy to Sri Lanka supporting and shielding Sri Lanka at the upcoming UN Human Rights Council session in Geneva on accountability for war crimes, crimes against humanity and genocide committed by the Sri Lankan government against the Tamil people,” they claimed.
A more inclusive Sri Lankan government and constitutional reform were praised by some observers, while some of them expressed concern on the current state of affairs in Sri Lanka, which is marked by an economic crisis and human rights abuses. For these observers, it was crucial to support Sri Lanka’s national institutions and offer technical aid.
Alfonso Nsue Mokuy, the third Deputy Prime Minister of Equatorial Guinea who is in charge of human rights, stated that the COVID-19 pandemic’s health crisis and the effects of the global economic crisis had made it difficult for people to effectively exercise their human rights in general, particularly their economic, social and cultural rights. Each nation had its own set of morals, laws and social expectations, but it was equally important for everyone to come to fundamental understandings to promote tolerance, prevent prejudice and end all forms of violence. This is an equally important phrase to consider, because by the name of economic crisis, if the country is trying to escape from the responsibilities it has been given, is not at all a welcoming behaviour towards the visionary goal of human rights. Economic crisis cannot be treated as a shield of protection for the past human right violations.
People of the nation should be heard, irrespective of the politics of the super power and international relations.
By Kathirtharsini Parameswaran
Kathirtharsini Parameswaran, pursuing a Master of International Law from the Department of Legal Studies, South Asian University in New Delhi, India. She holds LLB (Hons) from University of Jaffna Sri Lanka. Kathirtharsini has been a researcher and mooter in prestigious moot courts such as Jessup and Hendry Dunant, mainly focused on International Human Rights law, International Criminal Law and Humanitarian law. She is currently working as a researcher in Child Protection Force (a civil society organisation based in Sri Lanka). She has a significant interest in International Sea law and did her thesis based on the ship registration standards.
