Photo courtesy of Dubai Eye

On November 27 at 9.17 pm I received this SMS message in Sinhala. “Special announcement. Due to existing disaster situation, public living in lowlands should be on alert and if needed, go to secure places.” Disaster Management Centre (DMC).

This message was alarming and also confusing. Which specific areas are referred to as lowlands? What does it mean if needed? What are the secure places that we could go to? How could my parents of 89 and 85 years and many others with limited mobility go anywhere in the dark, frightening night amid pouring rain and heavy winds?

This seemed a tokenistic announcement, not a meaningful and practical warning that will actually help people take action to escape a tragedy.

That night and early hours of the next day, rain, winds and landslides intensified around Kandy where I live and around Badulla, Nuwara Eliya and other parts of Sri Lanka. It also led to flooding. The DMC’s situation report on December 7 at 12 noon indicates 2,179,138 affected people (about 10% of the population), 627 deaths, 190 missing, 4,517 houses fully destroyed, 76,066 houses partially damaged and 89,857 persons in 956 safety centers (camps).

Our house was not damaged but hearing about several feet of water less than a kilometer away on the main Kandy-Peradeniya road was scary. Like many others we had no water, electricity or mobile signals and experienced food shortages for several days. I went to a nearby supermarket and saw many empty shelves and long lines to charge a phone, and walked to spots nearby on the main road where there was some signals for mobile phones. I had moments of panic when I saw long lines for fuel and cooking gas. We collected rain water and as the rains stopped I walked to a nearby well with buckets and pails to fetch water. These relatively minor inconveniences reminded me of places where these were daily occurrences even now.

Right to life, warnings and immediate response

There are widespread debates whether the Department of Meteorology, the DMC, the government and even media had warned the public adequately about Cyclone Ditwah, especially about heavy rains, heavy winds, land slides and floods.

The president told parliament on December 5 that “It is the duty of every ministry, every government department and every state institution to prepare a disaster management plan. But no such plan has been prepared”. The president also said that the Disaster Management Council was convened for the first time in seven years on August 6 last year. But the Auditor General’s 2024 report on DMC had noted that the National Disaster Management Council had not been held since 2013.

The Auditor General’s 2024 reports on the Department of Meteorology and the DMC indicates systemic failures in preventing and responding to disasters. Some of the striking comments are below:

• According to the Department of Meteorology head, quoted in a feature by The Examiner, the department needs Doppler radar equipment to make accurate, localized forecast, including quantity and location of rainfall, approximately two hours prior, which is very important to enable government agencies to minimize loss of life and economic damage. Rs.1,965.08 million was allocated from 2019 to 2024 for the installation of the Doppler Radar System at the Puttalam Weather Station to improve the capacity of the department to observe, forecast and disseminate weather information. But expenditure as at December 31, 2024 had been only Rs. 0.740 million and the physical progress only 25%.
• To increase the number of people benefiting from improved weather and flood early warning, the World Bank loan supported project (2021-2026) had approved $4.5 million for the improvement of the Meteorological Department’s observation network but the cumulative expenditure as at December 31, 2024 was $0.85 million and the physical progress was only 40%.
• Out of the 37 automatic meteorological stations installed in the Department of Meteorology, four stations were inactive and two stations had been removed. The ability to obtain automatic data is very important in emergency weather conditions but no steps had been taken to restore these.
• According to Section 4 of the Disaster Management Act, an operational plan should be prepared for each district but the preparation of plans had not been carried out in seven districts. The National Emergency Operational Plan had not been drafted and submitted for approval to the Cabinet of Ministers.
• UNDP had provided Rs.40 million through the treasury to the DMC to prepare regional disaster risk reduction plans for 134 local government institutions located in 12 districts but only 32 plans had been prepared by the end of the project.
• A contract was awarded by the DMC to a private company in 2016 to repair 77 tsunami and cyclone early warning towers installed in 2009 at an estimated cost of Rs.134.7 million but none of the towers were in operational condition by end of 2024.
• From 2011, when the DMC was established, to 2024, Rs.3,404.95 million had been spent on disaster mitigation projects. However, in the major disasters identified as floods and high winds, the number of people affected had increased about five times between 2022-2024.

Officials at one Divisional Secretariat in the Kandy district, covering an area that saw a large number of deaths, damage to property and displacement, said their request to get vehicles to transport boats in early hours of November 28 at the peak of flooding was refused by another state agency. They pointed out that if they had the vehicles, boats could have been transported to flood affected areas and lives could have been saved.

Lack of preparations, warnings and inadequate or delayed responses may have led to deaths, impacting on the right to life, repeatedly recognized by Sri Lanka’s Supreme Court.

In its significant judgement in response to the fundamental rights cases filed in relation to Easter Sunday attacks, the Supreme Court had stated that “When either executive action or inaction infringes the fundamental right of right to life resulting in harm or loss to a person or citizen, it is actionable as a constitutional tort” and that “None of the protections granted by Chapter III of the Constitution can really be enjoyed without the provision of safe, secure and protective environment in which a citizen of Sri Lanka may realize full potential of his existence. A person’s right to life is, thus, not negotiable. The inability of the State to provide for such secure environment is, thus, clearly in breach of and in violation of the constitutional mandate and the privilege provided to a citizen of this country under the Constitution”. The court awarded compensation of Rs.311 million, out of which Rs 310 million had to be paid by then president, secretary to Ministry of Defense, police chief and two other senior officials.

Policies, practices and omissions that lead to disasters

What is commonly called natural disasters are not always natural. Sometimes it’s bad laws, policies, practices or lack of implementation of good laws and policies that lead to disasters. Unrestrained greed for profit, power and prestige at any cost to human life and the environment could lead to massive disasters.

For example, when I visited Ambuluwawa in the Udapalatha Division of the Kandy district with some state officials and journalists, we saw heavy damage to the B 279 road from Singhapitiya-Hemmathagama -Mawanella near the Ambuluwawa complex. We heard from affected residents and state officials that construction at the complex, which was done without engineering support and plans, may have caused some of deaths and damage such as through falling rocks. We also saw massive cracks on road at the Ambuluwawa complex. Significantly, we also heard the Divisional Secretary and media had warned of potential landslides at Ambuluwawa before the latest tragedy.

I heard from a colleague that residents of Mawatura in the Kandy district had expressed suspicions that landslide that killed many maybe due to a recent construction of a water collection facility linked to tea estate on top of the mountain.

Situations like this must be independently and thoroughly examined to see if the disaster was actually natural or who is responsible.

Language based discrimination

In a detailed analysis, Sanjana Hattotuwa noted that the DMC’s Facebook page, official website and the Meteorology Department’s Facebook page encoded and amplified the anti-Tamil discrimination and that, even when lives are at risk, the state doesn’t communicate with Tamil citizens in their language, doesn’t see the need to do so and carries on with total impunity even when called out. According to Sanjana, Tamil speakers had zero landslide and specific river basin warnings, missed critical infrastructure, road closure, education and logistical updates and didn’t get most of maritime and wind warnings. He also pointed out that the DMC’s detailed situation reports on November 27, 28 and 29 and 33 of 34 weather reports between November 25 and 29 were only in Sinhalese.

Sanjana’s study revealed that in the Department of Metrology’s Facebook page, only 36 of 85 published posts featured Tamil and there was language discrimination in the dissemination of critical weather alerts. Urgent warnings regarding developing cyclones and severe weather alerts had been delayed or totally omitted in Tamil. He noted a total news/updates blackout on Cyclone Ditwah updates in Tamil during the critical night of November 27, significant delays for warnings on urgent, life threatening hazards, omission of hazard, threat and risk escalations in Tamil and inconsistent forecasts in Tamil.

These appear to be clear violations of the articles 18 and 19 of the constitution declaring both Sinhala and Tamil as official and national languages, alongside article 12 (2) prohibiting language-based discrimination.

Emergency regulations, freedom of expression and other rights

Sri Lanka’s Disaster Management Act that allows the president to declare a State of Disaster is adequate to deal with the aftermath of Cyclone Ditwah. However, citing requests from the opposition and inadequacies of the Disaster Management Act, the president declared a state of emergency and emergency regulations under Public Security Ordinance on November 28. Emergency regulations have a history of abuse in Sri Lanka under different governments and are especially frightening for those who challenge, question and critique the government in power.

On November 30, the president assured the country that “Emergency regulations have been enacted to provide legal and financial safeguards for efficient reconstruction” and assured that “Emergency powers will not be misused for any other purpose’. On December 3, the media reported that the Deputy Minister of Public Security Sunil Watagala had ordered police to arrest individuals posting defamatory statements about the president on social media using emergency regulations. As criticism mounted, on December 5, the president again assured that the Public Security Ordinance will not be used to violate the democratic rights of the people and that criticism of him or his ministers is of no concern to them. But the president also stated that emergency regulations will be used “If anyone attempts to frighten the public, mislead them, disturb the peaceful situation, or create conflict within a vulnerable community in a way that obstructs the plan to recover from this disaster”. These are broad, vague statements like the provisions of emergency regulations that are likely to be misinterpreted and abused by a police force that is quick to arbitrarily detain innocent people for prolonged periods and torture them, as repeatedly done in past, evident in survivor testimonies and court determinations. Since the promulgation of emergency regulations, the police[i] have summoned at least one person in relation to a Facebook post.

Successive governments have attempted to clampdown on freedom of expression during crisis situations such as war and the COVID-19 pandemic despite guarantees by article 14 (1) (a) of the constitution. Freedom of expression is particularly important in disasters as it enables the most vulnerable to seek assistance and will help governments and others to become aware of and respond to the urgent needs of citizens as well as ensures that policies, laws and practices meet the essential needs of the people. The UN’s Guiding Principles on Internal Displacement recognize that displaced people have a right to request and to receive protection and humanitarian assistance from these authorities. It specifically says that they shall not be persecuted or punished for making such a request but the present emergency regulations could be used against such people.

On December 5, the Human Rights Commission of Sri Lanka wrote a detailed letter to the president expressing concern about a number of provisions in the emergency regulations with recommendations to repeal or amend some. According to the commission, the regulations appear to draw from a template set of regulations used on several previous occasions by previous governments and several provisions of the said regulations were incompatible with the fundamental rights chapter of the constitution and relevant international human rights norms and standards. The commission observed that the regulations provided for the requisitioning of any building or premises “necessary for relief work in connection with any natural disaster” and that the scope of this provision was broad enough to include residential premises. It observed that some offences relating to essential services could impede legitimate trade union activity. It also noted that offences under sections 365 and 365A of the Penal Code, which relate to voluntary sexual acts between consenting adults, had been included in the regulations. It was further noted that the regulations impose death sentences for certain offences and also removes salutary safeguards against torture by making confessions to police officers admissible as evidence.

Heroes and discrimination

Among those who died in the disaster were officers of the Navy and the Air Force engaged in rescue missions. The Air Force officer has been posthumously promoted and the president paid his respects. In his addresses on November 30 and December 5 the president praised the armed forces, police and officials for carrying out heroic acts, risking their lives without hesitation, saying the country should be proud of them and should honor them.

However, not much recognition has been given to ordinary citizens who risked their lives to save others and sacrificed their lives. For example, in Hadabima on Upland estate in the Kandy district, villagers told us that many died trying save one family stuck by a landslide. These were mostly poor workers who haven’t had any professional training or equipment to rescue others but stepped up heroically and paid a heavy price.

It is important for the state to honor those who died trying rescue others but there should be no discrimination, expressly prohibited through article 12 (2) in the Fundamental Rights chapter of the constitution.

Lack of state assistance

Article 25 of the Universal Declaration of Human Rights (UDHR) guarantees that “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control”. The UDHR also refers to right to social security (article 22), right to work (article 23) and right to education (article 26).

Article 27 in the constitution (directive principles of state policy) recognizes many of the above and obligates the state to “protect, preserve and improve the environment for the benefit of the community”.

Similarly, the UN’s Guiding Principles on Internal Displacement affirm that all IDPs have the right to an adequate standard of living and that competent authorities must provide IDPs with essential food and water, basic shelter and housing, appropriate clothing, essential medical services and sanitation regardless of the circumstances and without discrimination.

The situation of several displaced people I met or heard of around Kandy appears to fall short of these constitutional and international human rights standards. Many of them are staying with friends and relatives. I’m not sure whether they are counted in DMC’s statistics of displaced persons and receive assistance similar to ones in centers. A friend whose house was destroyed near Matale said his family of seven, including one infant, were holed up in a friend’s house and didn’t receive any state assistance. There were also many staying in line rooms on estates, community centers and religious places. People who had to leave their line rooms on Upland estate in Putukadu went to the factory where they were working but the factory had asked them to leave after one day so about 60 were now staying in one hall in the local school. Officials had told they may need to vacate when the school reopens without providing alternatives. Some were living in partially damaged houses that were cleaned up after the cyclone but some still had water on the floors. Some of the houses looked dangerous and vulnerable to future rain, winds and landslides. Even after a week, some areas had no electricity or water.

Many affected people expressed disappointments about lack of visits, attention and aid from state officials.

They also face uncertainty about future – when they could rebuild damaged houses, build destroyed ones or whether they need to move to a new area and whether those who were in line rooms and landless would get land and housing rights in process of resettlement. Some of those who rescued others were also traumatized about those they couldn’t rescue.

In his address to parliament on December 5, the president announced a range of relief measures, which were significant in the short term but from what I heard from those affected and personal observations, they were inadequate.

Militarized, market driven and male dominated approach

Key state institutions related to disasters including the Department of Meteorology, the DMC, the National Disaster Relief Services Centre and the National Building Research Organization are under the Ministry of Defense, the minister being the president. The Auditor General said that action had not been taken to recruit officers with the qualifications and experience specified in the approved recruitment procedure for the posts of Director General, Director (Operations) and District Assistant Director of the DMC and military officers had been given the posts.

On December 1, the cabinet had approved a Rebuilding Sri Lanka Fund as a statutory fund under the Presidential Secretariat. Its management committee is empowered to ensure the effective administration of the fund, including assessing requirements, setting priorities, allocating resources and disbursing funds for approved recovery activities. The committee of 11 is all male and the majority are from corporate sector. This indicates the rebuilding and recovery is likely to be driven by profit and male centric. There are no experts from different sectors, no representative from opposition political parties and no civil society representatives with experience in post-disaster recovery and rebuilding. This is an ominous sign for sustainable recovery or a people centric recovery and rebuilding model given that corporate greed for unrestrained profit at any cost may have contributed to the disaster.

A human rights-based approach to addressing disasters

Communities who have faced historical discrimination, violence and marginalization such as Malaiyaha Tamils in hill country, Tamils in North and East, the LGBTIQ community, women and the disabled may face risks of further rights violations during and after disasters. Risks of new human rights violations related to the disaster may persist for long periods.

According to the Inter Agency Standing Committee (IASC) operational guidelines on the protection of persons in situations of natural disasters, “A human rights-based approach provides the framework and necessary standards for humanitarian assistance activities. It grounds the basis for humanitarian action in universal principles, such as human dignity and non-discrimination, as well as a set of universally accepted human rights. Those affected by the disaster thus become individual rights holders who can claim rights from particular duty bearers rather than simply being passive beneficiaries and recipients of charity”. The guidelines cover protection of life, security, physical integrity, family ties, rights such as food, health, shelter, housing, education, land and property, livelihoods, documentation, movement, free expression and even elections.

The UN Guiding Principles on Internal Displacement serve as an international standard to guide governments as well as international humanitarian and development agencies in providing assistance and protection to displaced persons. The principles affirm that the displaced shall enjoy, in full equality, the same rights and freedoms under international and domestic law as do other persons in their country. They shall not be discriminated against in the enjoyment of any rights and freedoms on the ground that they are internally displaced.

The constitution also ensures that no citizen shall be discriminated on any grounds.

A human rights approach is essential to ensure dignity, non-discrimination and adequate standard of living for displaced people and others affected by disasters. This will also ensure those responsible for serious lapses in prior warnings, immediate response and post disaster response will be held accountable. Article 12 (1) of the constitution guarantees equal protection of the law to all and this must include disaster affected persons.

Strong monitoring, reporting and remedial mechanisms are important for a human rights based approach. The judiciary could play an important role. Considering the challenges of vulnerable and marginalized people face in seeking judicial redress, the Legal Aid Commission and the Bar Association of Sri Lanka could play an important role in ensuring most affected persons have quick and meaningful access to justice in their present situation through special support mechanisms.

I recall media reports during the COVID-19 pandemic that the Indian Supreme Court was hearing a case that it had initiated by itself (Suo Motto) to examine issues relating to the management of COVID-19. One of the judges is reported to have stated that, “We want to make it very clear that if citizens communicate their grievance on social media and internet then it cannot be said its wrong information. We don’t want any clampdown of information. We will treat it as a contempt of court if such grievances is considered for action”.

The Human Rights Commission of Sri Lanka set up a Disaster Relief Monitoring Unit (DRMU) after the tsunami and such a dedicated mechanism could be useful considering the extent of the disaster and possible implications on human rights. Lessons could be learnt from its successes and failures.

The government and in particular UN agencies assisting with post cyclone relief work could benefit from expertise of UN’s Office of the High Commissioner for Human Rights and Special Procedures of the Human Rights Council in ensuring the response to Cyclone Ditwah has a strong human rights based approach.

December 10 is International Human Rights Day. An event organized by the UN and the Ministry of Foreign Affairs at a five star hotel in Colombo to mark the day has been postponed but a genuine and practical commitment to a human rights-based approach to disaster prevention and response will make human rights day more meaningful, especially to those most affected by the disaster.

[i] Internet Surveillance & Intelligence Unit, Computer Crimes Division of the Criminal Investigation Department (CID)