Sri Lanka is an electoral democracy. The 1978 constitution vested strong executive powers in a president who is directly elected for a six-year term and can dissolve Parliament. The prime minister leads the ruling party in Parliament but otherwise has limited powers. The 225-member unicameral Parliament is directly elected for a six-year term through a mixed proportional representation system. Elections are open to multiple parties, and fair electoral laws and equal campaigning opportunities ensure a competitive political process.

While elections are generally free and fair, they continue to be marred by some irregularities, violence, and intimidation, and the LTTE generally refuses to allow free elections in the areas under its control. The interim report issued by the independent Center for Monitoring Election Violence noted that with 368 incidents on election day, the 2004 parliamentary elections were considerably less beleaguered by violence and malpractice than previous polls had been. The interim report of the EU’s Election Observation Mission on the November 2005 presidential election noted that it had proceeded fairly smoothly in the south, despite some inappropriate use of state resources for campaign purposes and biased reporting by both state-run and private media outlets. However, voting in the north, held under a boycott enforced by the LTTE, was marred by violence and intimidation—including political killings and grenade attacks on polling stations and on the buses designed to carry voters into government-controlled territory—and featured very low levels of voter participation. During 2006, intimidation by armed groups dramatically shrank the space for nonviolent Tamil politics in the north and east, while the warlike situation led to more muted opposition from southern political parties.

Governmental coherence has been improved by the fact that the executive and legislative branches are now controlled by the same political party. Although President Mahinda Rajapakse began his term without a strong mandate, he gradually consolidated his position and introduced a more centralized, authoritarian style of rule in which he and a small circle of trusted advisers made most key decisions. However, some observers charge that this has led to a lack of transparent, inclusive policy formulation.

The seventeenth amendment to the constitution was designed to improve governance and depoliticize key institutions by creating a constitutional council responsible for appointing members to a number of independent commissions that would oversee the police, judiciary, and public servants. Owing to a parliamentary impasse, Rajapakse failed to reconstitute the council during 2006 after the terms of the previous council members expired, and instead made unilateral appointments to the public service commission and national police commission in April, and to the human rights commission, judicial services commission, the Supreme Court, and other judicial bodies in May. Some local groups allege that these actions have threatened the independence of the institutions and created a class of appointees who owe their positions and loyalty to the president.

Official corruption, particularly in the executive and legislative branches, is a continuing concern, and the legal and administrative framework currently in force is inadequate in terms of either promoting integrity or punishing the corrupt behavior of public officials. Sri Lanka was ranked in 84 out of 163 countries surveyed in Transparency International’s 2006 Corruption Perceptions Index. Although hundreds of cases are under investigation or prosecution by the Commission to Investigate Allegations of Bribery or Corruption, no current or former politician has been sentenced. The trial of former deputy defense minister Anuruddha Ratwatte, who was indicted in September 2005 on charges of bribery, was ongoing at the end of 2006.

Media freedom was one of the main casualties of the slide into war in 2006, as increasing numbers of journalists, particularly Tamils, were targeted and media outlets faced censorship and other restrictions. Although freedom of expression is provided for in the constitution, this provision was severely tested during the year. Official rhetoric toward journalists and media outlets perceived to be “unpatriotic” or critical has become more hostile. In September, unofficial prepublication censorship concerning issues of “national security and defense” was imposed by the government’s Media Centre for National Security. Antiterrorism regulations introduced in December 2006 led to overt self-censorship on the part of journalists, and several were summoned for questioning under the new law. Several groups, including the Colombo-based Free Media Movement (FMM) and the EU’s Election Observation Mission, noted that state-run media—including Sri Lanka’s largest newspaper chain, two major television stations, and a radio station—remained heavily influenced by the government, citing cases of pressure on editors, unwarranted dismissals of staff, and biased coverage of the November 2005 election. While private media are diverse, they have become even more polarized, shrinking the space for balanced views.

A sharp increase in tension and violence during 2006, both between the government and LTTE and between the LTTE and other Tamil factions, severely affected journalists’ ability to cover the news freely, particularly in the troubled north and east. The LTTE does not permit free expression in the areas under its control and continues to terrorize a number of Tamil journalists and other critics. The Karuna faction and security forces have also been responsible for abuses. A number of Tamil newspapers have been banned or seized by various factions, and distributors have been attacked or warned not to sell certain papers. According to a Centre for Policy Alternatives (CPA) report, over two dozen Tamil journalists were abducted, severely assaulted, or killed during the year. The largest-circulation daily in Jaffna, Uthayan , faced repeated harassment in 2006 despite calling for protection; staff members were killed by unidentified gunmen in May, and an arson attack hit its printing facilities in August. Journalists throughout Sri Lanka, particularly those who cover human rights issues or official misconduct, continue to face intimidation and threats from security forces and government officials. In a growing trend, those perceived as being supportive of Tamil interests have also drawn ire from Sinhalese nationalist groups. Internet access is not restricted.

Religious freedom is respected, and members of all faiths are generally allowed to worship freely, although the constitution gives special status to Buddhism and there is some discrimination and occasional violence against religious minorities. The LTTE discriminates against Muslims in the areas under its control and has attacked Buddhist sites in the past. The U.S. State Department’s 2006 Report on International Religious Freedom notes that Christian missionaries are occasionally harassed by Buddhist clergy and others opposed to their work. Tensions between the island’s Buddhist majority and the Christian minority—and in particular, evangelical Christian groups, who are accused of forced conversions—are worsening, according to a 2004 report released by the U.S.-based Jubilee Campaign, with a sharp increase in attacks against churches and individuals noted from the end of 2003 and the introduction of anticonversion legislation in July 2004. This trend continued in 2006, although attacks have abated somewhat since 2005, when dozens of incidents were alleged and government leaders promised to crack down on Buddhist extremists. In April, a special parliamentary committee met for the first time to discuss the JHU-sponsored Prohibition of Forcible Conversions bill, and it remained under consideration at year’s end.

The government generally respects academic freedom. However, the LTTE has a record of repressing the voices of intellectuals who criticize its actions, sometimes through murder or other forms of violent intimidation. Groups such as the University Teachers for Human Rights–Jaffna have faced particularly severe harassment at the hands of the LTTE. Local watchdog groups noted an increase in attacks on academics in 2006, particularly in the areas affected by conflict.

Freedom of assembly is generally respected, although political parties occasionally disrupt each other’s rallies and gatherings. On several occasions during 2006, police used excessive force to disperse demonstrations. The LTTE does not allow for freedom of association in the regions under its control and reportedly uses coercion to force civilians to attend pro-LTTE rallies. Caught between both sides, aid workers were increasingly unable to operate safely in conflict-affected areas. In a particularly chilling example, 17 local staff for the international humanitarian group Action Against Hunger were killed execution-style in their compound in Mutur in August, allegedly by government forces. International staff of groups such as Doctors Without Borders were subject to new visa and work-permit regulations imposed by the Ministry of Defense, and were on occasion barred from working in rebel-held areas. During the year, human rights and social welfare nongovernmental organizations throughout the country, particularly those considered “unpatriotic” or unwilling to support the official line, faced greater threats and harassment from authorities, including assaults on their gatherings and a proposed parliamentary investigation into their activities.

Sri Lanka has a strong workers’ rights tradition, with more than 1,500 trade unions registered. Most unions are independent and are legally allowed to engage in collective bargaining. Except for civil servants, most workers can hold strikes. However, under the 1989 Essential Services Act, the president can declare a strike in any industry illegal. Even though more than 70 percent of the workforce on tea plantations is unionized, employers routinely violate the rights of the mainly Tamil workforce. The government has increased penalties for employing minors, but thousands of children continue to be employed as domestic servants, and many face abuse.

Successive governments have respected the constitutional provision for an independent judiciary, and judges can generally make decisions in an atmosphere free of overt intimidation from the legislative and executive branches. However, there is concern about the growing politicization of the judiciary, particularly with respect to the chief justice of the Supreme Court, Sarath Nanda Silva. According to the FMM, in recent years Silva has narrowed the scope of human rights litigation, dismissed a number of judges without holding an inquiry or disciplinary hearing, and consistently defended the government in legal actions relating to political disputes. During 2006, there were several questionable judicial rulings in favor of members of the government, and two senior Supreme Court judges resigned. At the lower levels of the judiciary, corruption is fairly common among both judges and court staff, and those willing to pay bribes have better access to the legal system.

The rule of law remains weak, and conditions deteriorated during the year. In November 2005, the new government transferred authority over the police force, including the paramilitary Special Forces, to the Ministry of Defense. Heightened political and military conflict in 2006 led to a sharp rise in the number of human rights abuses committed by police and security forces, including extrajudicial executions, torture, custodial rape, and prolonged detention without trial. Such practices are facilitated by legislation such as the emergency regulations reintroduced after the August 2005 assassination of Foreign Minister Lakshman Kadirgamar, under which detainees can be held for up to a year without trial. In December 2006, the government reinstated certain provisions of the Prevention of Terrorism Act, which had been suspended as part of the 2002 ceasefire accord (CFA), giving security personnel powers to arrest and detain suspects indefinitely without court approval. Additional legislation introduced in December, the Prevention and Prohibition of Terrorism and Specified Terrorist Activities Regulations, was criticized for providing an overly broad definition of terrorism and granting immunity to those accused of rights abuses.

The independent National Human Rights Commission, established in 1997, is empowered to investigate human rights abuses but has traditionally suffered from insufficient authority and resources. During 2006, it recorded several hundred instances each of politically motivated disappearance, torture, and prolonged detention without charge. Torture by the security forces and police occurs in the context of fighting the insurgency as well as during routine interrogations to extract confessions. A lack of aggressive prosecution of the majority of past abuses, coupled with inadequate protections for witnesses, contributes to a climate of impunity for those who have overstepped the bounds of the law. Throughout 2006, as a result of the continuing impasse over reconstituting the constitutional council, appointments to key bodies such as the National Human Rights Commission and the National Police Commission were made unilaterally by the executive branch, raising questions about the suitability and independence of the appointees and further weakening these institutional mechanisms.

The LTTE has effective control over sections of the north and east constituting approximately 10 percent of Sri Lankan territory, and operates a parallel administration that includes schools, hospitals, courts, and police and other law enforcement personnel. The Tigers raise money through extortion, kidnapping, theft, and the seizure of Muslim property, and have used threats and attacks to close schools, courts, and government agencies in their self-styled Tamil homeland. The LTTE also imposes mandatory military and civil-defense training on civilians living in areas under its control. Rebels continue to engage in summary executions of civilians, disappearances, arbitrary abductions and detentions, torture, and the forcible conscription of children. All of these forms of abuse reportedly worsened in 2006. The Tigers typically deny all involvement in politically motivated violence, as well as in the abduction of children, despite clear evidence to the contrary.

Press reports indicate that the Tigers continue to recruit hundreds of teenage girls and boys to serve as soldiers or in support functions despite their June 2003 pledge to release all children within their ranks. Recruitment efforts, which increased in 2004 as the LTTE tried to replenish forces that joined the Karuna faction, are at times so intense that parents keep their children home from school to prevent their abduction. More than 1,400 children reportedly remained in LTTE custody at year’s end. Such practices were not confined to the LTTE; the Karuna faction was reportedly responsible for the abduction of hundreds of boys and young men in eastern Sri Lanka, often with the complicity of security forces and police.

During the year, the incidence of politically motivated violence increased dramatically, creating a humanitarian crisis in the north and east. All groups were responsible for the violence, including government forces, the LTTE, the breakaway Karuna faction, and other Tamil armed groups. From February 2005 through December 2006, the SLMM recorded 346 violations of the CFA by the government and 3,827 by the LTTE, with the majority occurring in late 2005 and 2006. The LTTE targeted Tamil political parties, journalists, and human rights activists that challenged its claim to represent the Tamil people. Hundreds of people were killed as a consequence of their political affiliation during the year, including Tamil political party activists, followers of the breakaway Karuna faction, military intelligence agents and suspected informers, elected officials, and members of civil society. Kethesh Loganathan, the Tamil deputy head of the government’s peace secretariat, was assassinated by suspected LTTE gunmen in August. In retaliation, the government and the Karuna faction targeted LTTE officials and members of pro-LTTE political factions such as Joseph Pararajasingham, a Tamil National Alliance member of Parliament who was assassinated while attending church in December 2005.

Tamils maintain that they face systematic discrimination in several areas, including government employment, university education, and access to justice. Legislation replacing English with Sinhala as the official language in 1956 continues to disadvantage Tamils and other non-Sinhala speaking groups. Thousands of Tamils whose ancestors were brought from India to work as indentured laborers during the nineteenth century did not qualify for Sri Lankan citizenship and faced discrimination and exploitation by the native Sinhalese. However, in October 2003, Parliament approved legislation granting citizenship to about 170,000 previously stateless “Indian” Tamils. Tensions between the three major ethnic groups (Sinhalese, Tamils, and Muslims), which lead to occasional violent clashes, remain a concern. Human Rights Watch noted an increase in communal violence during the year, often in response to LTTE or military strikes. Attacks by Sinhalese against Tamils in Trincomalee in mid-April left at least 20 people dead and over 75 injured, 100 homes and 32 businesses damaged or destroyed, and more than 1,000 people homeless. Both the government and the LTTE generally failed to prevent incidents of communal violence from spiraling out of control.

According to Refugees International, as of 2005 an estimated 350,000 IDPs remained unwilling or unable to return to the north and east, and continued to live in government-run camps throughout the country or as refugees in the southern Indian state of Tamil Nadu. Separately, at least 350,000 remain displaced as a result of the December 2004 tsunami. While the total number of IDPs shifted throughout the year, an additional 250,000 people were displaced at various points during 2006 as a result of increased fighting in the north and east; an estimated 80 percent of those were Tamils and 14 percent were Muslims. An army attack that hit an IDP camp in November killed at least 50 people.

Women are underrepresented in politics and the civil service. Female employees in the private sector face some sexual harassment as well as discrimination in salary and promotion opportunities. Rape and domestic violence against women remain serious problems, with hundreds of complaints reported; authorities weakly enforce existing laws. Although women have equal rights under civil and criminal law, matters related to the family—including marriage, divorce, child custody, and inheritance—are adjudicated under the customary law of each ethnic or religious group, and the application of these laws sometimes results in discrimination against women. The government remains committed to ensuring that children have good access to free education and health care, and has also taken steps to prosecute those suspected of crimes against children, including pedophilia. A general increase in violence during the year also resulted in greater violence against women in conflict areas, including attacks and rapes.