Time for Sri Lanka to Chart a New Course on Human Rights
Photo courtesy of Ama Koralage
The UN High Commissioner for Human Rights Volker Türk urged Sri Lanka to break from the past and chart a new course. Addressing the 57th session of the UN Human Rights Council (HRC) on September 9, he warned of “renewed threats to fundamental freedoms – including regressive laws and the erosion of democratic checks and balances, as well as harassment and intimidation of civil society and journalists.” Lack of accountability for past abuses meant that a “sense of impunity impedes meaningful progress and encourages continued violations and more corruption,” he said.
His office had previously circulated a hard hitting written report, describing in grim detail the lack of progress and fresh violations underway and outlining what could be done to safeguard human rights for all Sri Lankans. This echoed issues raised by numerous people across the island, too often ignored by the powerful or met by repression.
At the opening of the HRC’s session, due to end on 11 October, he set the scene by emphasising how much human rights mattered throughout the world. He criticised abuses across a range of countries, whether in the global south or west, with violence against civilians in Gaza being a key concern. During elections, voters were urged “to keep in mind the issues that matter most to them – be it a home, education for their children, their health or job, justice, their family and loved ones, the environment, to be free from violence, tackling corruption, being heard,” all of which were human rights issues. They should also “Be wary of the shrill voices, the ‘strongman’ types that throw glitter in our eyes, offering illusory solutions that deny reality. As I said earlier, know that when one group is singled out as a scapegoat for society’s ills, one day your own might be next,” he pointed out.
When the focus turned to Sri Lanka, he urged that after the elections the government “must commit to the concrete transformational changes needed to ensure accountability, justice and reconciliation.” The international community too “must support this transformation. It is important for Sri Lanka’s creditors to provide the Government with the fiscal space necessary to realize all human rights, including economic, social and cultural rights,” he said.
He highlighted the numerous ways in which ordinary Sri Lankans had been let down by those in power including failure to move forward on major cases, with “limited progress in the criminal investigation into the 2019 Easter Sunday bombings.” Meanwhile “people allegedly responsible for gross violations continue to be appointed to senior positions” and abuses went on.
“My Office is not here to point the finger, but to lend a hand. We are reflecting what Sri Lankans from all communities are telling us,” he pointed out. Concerns could not be ignored. The HRC and UN members should “continue to address the accountability gap in Sri Lanka – including by supporting the work of my Office,” while states could also “take action through their own domestic systems, as well as through international fora, including – for example – through the processes set out in the UN human rights treaties.”
He said that “It is high time to bring closure to the past. To break a destructive cycle that leads to more violence and creates more victims” and “begin an inclusive journey towards a just and sustainable future for all Sri Lankans.”
Predictably, Himalee Arunatilaka, Sri Lanka’s permanent representative to the UN in Geneva, tried to dismiss concerns including on the plight of those hit by poverty and, as before, emphasised the government’s unwillingness to accept the HRC’s call for accountability.
Delegates from a number of governments and some non-governmental organisations also spoke. Notably the Core Group of states tasked with monitoring the regime’s response to issues brought to HRC attention over the years remained unimpressed.
It stated that it shared the High Commissioner for Human Rights’ concern “about the impact on human rights and fundamental freedoms of several new or proposed laws. All legislation, including that relating to counter terrorism, online safety, and civil society must align with Sri Lanka’s human rights obligations.”
The statement drew attention to harassment of civil society, journalists and communities and reports of arbitrary arrest and torture. While the return of some military-held land to civilian control was welcomed, “We stress the importance of addressing land disputes in the north and east, which exacerbate inter-communal tensions and impact the ability of communities to freely practice their faith.
“As Sri Lanka approaches elections we urge the government to re-engage with the Human Rights Council process; to build a conducive environment for meaningful reconciliations and transitional justice; and to ensure mechanisms are independent, inclusive, transparent, and address the priorities of affected communities.
An unconvincing defence
In the lead up to the latest HRC session, the UN High Commissioner’s report provided sombre information on violations affecting people on low incomes, minorities, dissidents and others not part of the ruling elite. Topics covered included the deepening human rights impacts of the economic crisis, worrying legislative developments, civic space restrictions and reprisals including intimidation against families of the disappeared. Human rights concerns around operation Yukthiya (supposedly aimed at tackling drug-related problems), ongoing custodial deaths, arbitrary arrests/abductions, torture and sexual violence by the authorities, land contestations and restrictions on religious freedom, entrenched impunity and failures in accountability and reconciliation were also addressed. Various options were explored and recommendations made. It was a reminder of the human cost of policies and actions which overrode justice and sometimes basic humanity.
Amnesty International, Asian Forum for Human Rights and Development, Human Rights Watch, International Commission of Jurists and others organisations have written to representatives of HRC member states reinforcing the concerns raised and urging them to act “to extend, by at least two years, the mandates of the Office of the UN High Commissioner for Human Rights (OHCHR) and its Sri Lanka Accountability Project – established by resolution 46/1 (2021) and extended under resolution 51/1 (2022).”
A statement by the Feminist Collective for Economic Justice Sri Lanka on the upcoming presidential elections described the disastrous impact of ill-chosen economic policies and attacks on democracy
The government has been trying to cultivate support internationally by attempting to portray itself in a favourable light despite so much evidence that showed the opposite. In late August Minister of Foreign Affairs Ali Sabry had told diplomats of “several significant achievements across various fronts during the past year, including advancements in economic recovery, legal reforms and the strengthening of domestic institutions and mechanisms focused on reconciliation.” These included “concerted efforts towards the establishment of a Commission for Truth, Unity and Reconciliation,” his ministry reported.
However this was undermined by the Interim Secretariat for Truth and Reconciliation Director General himself, Asanga Gunawansa, who “declared there was absolutely no basis for concerns that the proposed Commission for Truth, Unity and Reconciliation (CTUR) targeted the war-winning military”. Even if evidence of crime emerged which led to a prosecution, “the starting point for any criminal prosecution in Sri Lanka is the presumption of innocence. Therefore, no one could be punished for a criminal offence unless proven guilty beyond reasonable doubt.”
On the contrary, “representatives of police and the armed forces, as well as the Defence Ministry, who appeared before ISTRM, expressed the view that a credible domestic reconciliation mechanism could help them clear their names. Dr. Gunawansa quoted them as having said that in the absence of such a credible mechanism they and in some instances their children found it difficult to obtain visas to travel overseas.” This might give the impression of a body more concerned with protecting perpetrators of atrocities by overriding evidence of offences so that they are spared inconvenience when wishing to go abroad than of rigorously seeking truth and easing the suffering of families of victims.
The current regime has lost credibility on human rights. Any incoming government, even if seeking to achieve improvements, will face challenges. It remains to be seen how much support overseas governments and international financial institutions will offer. This includes seeking to remove pressure to carry out reforms likely ultimately to damage the economy as well as public health and heighten the risk of a downward slide towards yet more violence.
At the HRC, the importance of charting a new course away from past cruelty and injustice towards a better future for Sri Lankans of diverse communities and backgrounds has been emphasised.
