Document #1348080
FCDO – UK Foreign, Commonwealth and Development Office (formerly FCO) (Author)
Latest Update: 31 December 2012
The human rights situation in Sri Lanka has been marked by negative developments over the last 3 months.
The UN Human Rights Council’s Universal Periodic Review (UPR) of Sri Lanka’s human rights record was held on 1 November. Ninety-eight delegations actively participated. The UK welcomed the fact that people in Sri Lanka are now free from the scourges of war and terrorism, but expressed concern about attacks on and intimidation of journalists, human rights defenders and legal professions and urged the government to combat impunity and to implement the Lessons Learnt and Reconciliation Commission recommendations. The UK called for full and transparent investigations into alleged grave breaches of international law during the war; for a climate in which all citizens can express their opinions without fear; and for the issuing of an invitation to the UN Special Rapporteur on Freedom of Opinion and Expression to visit Sri Lanka. Sri Lanka received 210 recommendations from other UN member states during the UPR. Of these, 110 recommendations, including the UK recommendation on investigating alleged violations of international law, were accepted.
Within Sri Lanka, a number of developments have attracted controversy in the last 3 months – especially in relation to the judiciary. On October 7, the Secretary of the Judicial Service Commission was hospitalised following an attack by unidentified armed men in broad daylight in outer Colombo. He had previously been criticised in the state-owned media, including for issuing a statement alleging attempts to interfere with the independence of the judiciary. In December, Sri Lanka’s Chief Justice, Shirani Bandaranayake, was found guilty in impeachment proceedings by a Parliamentary Select Committee (PSC). The Chief Justice and opposition members of the panel walked out of the PSC before conclusion of proceedings, alleging that the process was unfair and highly politicised. A number of domestic and international actors have expressed concern over the process, including the Sri Lankan Bar Association, religious leaders, the Commonwealth Secretary-General and the UN Special Rapporteur on the Independence of Judges and Lawyers. Shortly before her impeachment, the Chief Justice presided over a number of judicial findings against the Government. The next stage in the impeachment process is for Parliament to consider the PSC’s findings.
A riot at Colombo’s Welikada Prison on November 9 resulted in the death of 27 inmates. Some media and opposition members alleged that 11 of the dead inmates were individually executed several hours after the situation had been brought under control. Domestic investigations are currently underway.
In late November and early December, a number of young people, including Jaffna University students, were detained under the Prevention of Terrorism Act (PTA) following clashes related to peaceful student remembrance events coinciding with LTTE (Tamil Tiger) Martyrs’ day and the Hindu festival of Karthikai Vilakkeedu. Student representatives and opposition politicians asserted that the arrests were unlawful and alleged that military intelligence personnel assaulted and intimidated students. Students affiliated to two southern universities also staged protests against the alleged attacks. Some of the students were released in December.
Several other incidents have affected human rights defenders, journalists and opposition politicians in the last three months. The Editor of the Jaffna based Uthayan newspaper was allegedly attacked by persons in military uniform and plain clothes policemen, and a local reporter in Manampitiya was allegedly attacked by a local politician. Both of these incidents have a credible basis, and were reported to have occurred whilst the victims were on assignment.A pro-opposition journalist was also allegedly detained by the Criminal Investigation Department (CID) for 13 hours without a stated reason or access to a lawyer. In October, civil society organisations and activists in Sri Lanka condemned the public display of anonymous posters which vilified the Executive Director of a local think-tank following his organisation’s decision to legally challenge a proposed Parliamentary Bill. Such poster campaigns have previously led to attacks on Human Rights Defenders. Opposition Tamil National Alliance (TNA) MP S. Sritharan was called in for questioning by the Criminal Investigations Department (CID) following an interview he had given to the BBC. He raised concerns in Parliament about his questioning and the subsequent reduction in his provision of police security.
European Union Heads of Mission in Colombo publicly raised concerns over these recent developments in a statement on December 5. They called on the authorities to ensure that the independence of the judiciary is protected; that investigations into the large number of deaths at the Welikada prison are speedy and impartial; and that all citizens, including students, journalists and opposition politicians, are able to exercise their fundamental rights without impediment. The British High Commission in Colombo also raised concerns directly with the Sri Lankan authorities.
Latest update: 30 September 2012
The human rights picture in the last three months has been mixed. Sri Lanka published an Action Plan on implementing recommendations of the post-war Lessons Learnt and Reconciliation Commission (LLRC) in July. The Action Plan detailed action including on International Humanitarian Law and Human Rights and identified 6 – 36 month time frames for implementation. President Mahinda Rajapaksa told the Sri Lankan press that over 50% of the LLRC recommendations had already been implemented. The Tamil National Alliance (TNA) claimed that the Action Plan was “another time-buying exercise” for international consumption.
A team of technical experts from the Office of the High Commissioner for Human Rights (OHCHR) visited Sri Lanka from September 14 to 21. The visit may be followed-up with a visit by the High Commissioner for Human Rights, whose invitation from the government of Sri Lanka was re-extended in June. Outstanding requests for visits from Special Procedures of the Human Rights Council have yet to be accepted by the Government of Sri Lanka.
Elections for the eastern, north central and south western provincial councils were held on 8 September. The governing United Peoples’ Freedom Alliance were elected as the largest party in all three provinces. Elections were generally peaceful, although there were 105 reports of election related violence and intimidation. Local observers PAFFREL said that despite some improvements, the elections did not meet criteria for a free and fair poll. Although the police were successful in controlling some unlawful campaign activities, they were unable to fulfil their duties “in the face of state power”. Observers applauded the Elections Commissioner who, despite limited powers, “was seen …to provide the most level playing field possible at the elections.”
Reports in July indicated an increase in the involvement of local level politicians in crimes. Quoting sources from the police headquarters they stated that legal action had been initiated against 42 politicians for their involvement in crimes.
The Asian Human Rights Commission reported 7 incidents of torture during the last three months including one death and a critical injury. A joint military and police operation to rescue three prison officials taken hostage by protesting ex-LTTE and Prevention of Terrorism Act (PTA) prisoners in June resulted in serious injuries to three prisoners. Two of the injured died in July and August and a third remained in a coma in September. Civil society and Tamil political parties allege excessive use of force. UK based NGOs Freedom From Torture and Human Rights Watch in recently released reports have alleged ill treatment of Tamils returning to Sri Lanka from the UK. All asylum cases are looked at on their individual merits but judicial decisions in the UK courts have not upheld the view that Tamils are, per se, at risk of ill treatment on return from the UK.
Incidents of reported adductions / enforced disappearances reduced during the reporting period, but no conclusive investigations into past incidents took place. Local civil society and family members of those disappeared between the 1980s and 2009 from across the country held an event in the Northern Province to commemorate the International day against disappearances on 30 August and called for justice and accountability.
In July, police closed the offices of two pro-opposition websites, confiscated computers and documents and arrested nine workers who were subsequently released. There was an alleged attempt to abduct a journalist from the Lanka-e-news website. Two regional newspaper reporters from the north said they had received death threats for their reporting of a controversial protest in the region. Media alleged that the Sri Lankan Defence Secretary threatened the editor of a Sunday newspaper during a telephone interview. The government announced in July the imposition of a registration fee for all news casting websites. This was reduced, but not removed, after local and international press freedom organisations condemned the fee.
On 24 September, the final 1,179 Internally Displaced Persons (IDPs) were moved out of the Menik Farm IDP camp in Northern Sri Lanka. The UN Humanitarian Co-ordinator welcomed the closure while expressing specific concern for 110 families who are unable to return to their homes, which are occupied by the military. Aid agencies have welcomed the progress in demining which has allowed a number of IDPs to return to their land. They have also raised concerns that some IDPs may have been moved against their will or on false premises to third locations with even fewer basic facilities.
In September, the Judicial Service Commission (JSC) – the legal oversight body – made a public statement that the Commission was subject to threats and intimidation by persons holding political office. The statement also alleged that various influences had been used on the JSC regarding its decisions. On 23 September the Sri Lankan Bar Association passed two resolutions in support of the JSC.
Latest Update: 30 June 2012
The leader and a female activist from Frontline Socialist Party, one of whom was an Australian national, were abducted by an unidentified group on 7 April. They were subsequently released in the suburbs ofColombo. There were unconfirmed reports of several attempted abductions of children inJaffnain May but overall numbers of disappearances appear to have reduced a little.
On 15 April, a man died in custody following his arrest by Wadduwa (western province) police. The death resulted in public protests. According to the Asian Human Rights Commission, the victim, Chandrasiri Dasanayaka, was illegally arrested and later extra-judicially killed by police officers. Chandrasiri was a key witness in a fundamental rights case filed against a police officer. Several police officers from the station have been transferred but no indictments have issued so far. TheMagisterial Courthearing of the case continues.
On 21 May, former Sri Lankan army chief, Sarath Fonseka, was released on a presidential pardon after more than two years in prison. Fonseka had been convicted for spreading rumours likely to cause public alarm and disorder. Court proceedings continue on further cases against him.
In June President Rajapaksa visitedLondon, at the invitation of the Commonwealth Secretary-General, for Her Majesty the Queen’s Diamond Jubilee celebrations. In the margins of a lunch on 6 June, he had a short discussion with the British Prime Ministerwho emphasised the UK’s interest in peace, accountability and reconciliation in Sri Lanka and the importance of implementing the recommendations of Sri Lanka’s Lessons Learnt and Reconciliation Commission.
On 20 April, a mob attacked a mosque in the city ofDambulla. The group, led by Buddhist monks, stated that both the Mosque and a Hindu shrine were built on sacred Buddhist ground and needed to be relocated. They forcibly entered the mosque and allegedly demolished parts of it, despite the presence of law enforcement authorities. No arrests have been made and tensions between religious communities have continued. The incident resulted in countrywide protests by Muslims. On 2 June, newspapers reported that the Criminal Investigations Department had requested a list of all registered mosques and Madrasas in the country from the Department of Muslim Religious and Cultural Affairs. Several Ministers and politicians have made statements against this move.
Former Sri Lankan Attorney General Mohan Peiris was summoned by the courts to give evidence at the inquiry into the disappearance of the journalist Prageeth Ekneligoda. He said the veracity of the information he received and submitted at Sri Lanka’s Committee Against Torture hearing, where he said that he understood Ekneligoda was now living in a foreign country, needed to be established. Diplomats, including the British High Commission, attended the hearing.
A wave of arrests of ex-combatants in the East of the country took place in May. While the exact number is unknown, some estimates suggested that 150-200 persons were detained. Most of those arrested, according to local politicians, were linked to the LTTE before the final battle in 2009. A majority have been released, and families of those remaining in detention have made complaints to the Sri Lankan Human Rights Commission. The British High Commission has also raised the issue.
On 15 June, ten armed men with machine guns attacked a Janatha Vimukthi Peramuna (JVP) Party rally in the Southern city ofHambanthota. A 51-year-old woman and an 18-year-old man were killed. The JVP blamed pro- government elements. The primary suspect surrendered to the police a week later later on other charges.
Quarter One Update: 31 March 2012
The trend of increased abductions or disappearances in Sri Lanka since October last year continued in to 2012. According to the Colombo- based Lawyers for Democracy there were eleven reported abductions in January. Victims came from a range of ethnic groups and included human rights workers, businessmen and some accused of involvement in organised criminal networks. Campaigners have blamed the rise on pro-government and security forces. On 10 March, five men allegedly attempted to abduct a ruling party municipal council chairman. The five men were tackled by members of the public and handed over to the police. When it subsequently became apparent that four of them were serving army personnel, the Sri Lankan Ministry of Defence attributed the incident to a misunderstanding: the four had been in the area to find an army deserter. Our High Commission regularly raises the issue of abductions and extra-judicial killings with Sri Lankan authorities.
Following a fuel price hike in February, country-wide protests took place. In Chilaw, a town north of Colombo, protestors clashed with the police when they were prevented from entering the town, resulting in police opening fire and killing one person. In Colombo, police used tear gas and water cannon to break up protests. A Police spokesperson claimed police had used minimum force to disperse an “unlawful mob”, but refused to comment on whether the police had fired guns at the protesters.
On 15 February, a Military Commander announced that a five member “Court of Inquiry,” had been appointed in January to look at observations made by the Sri Lankan Lessons Learnt and Reconciliation Commission (LLRC) on allegations of civilian casualties during the final phase of the war. It would also look into the contents of previously aired Channel 4 video footage.
On 22 February, at a Westminster Hall Debate on human rights in Sri Lanka, FCO Parliamentary Under-Secretary of State Alistair Burt said that UK policy on Sri Lanka was not “starry – eyed about allegations against the Sri Lankan government or unaware of concerns about current human rights issues,” and that the onus should be on the Sri Lankan government to address these concerns. He also said that implementation of the LLRC recommendations was the real test of Sri Lanka’s progress since the end of the war.
Channel 4 aired a documentary, ‘Sri Lanka’s Killing Fields: War Crimes Unpunished’ on 14 March highlighting four cases which it claimed constituted evidence of alleged war crimes. Following this, Alistair Burt called for Sri Lanka to undertake an independent, credible and thorough investigation into alleged war crimes and expressed UK support for a UN Human Rights Council (HRC) resolution. FCO Minister of State Jeremy Browne urged the Sri Lankan government to take all necessary steps to implement the LLRC recommendations as soon as possible.
On 22 March, the UN HRC adopted a US-sponsored resolution on Sri Lanka with 24 votes in favour, 15 against and eight abstentions. The UK co-sponsored the resolution. The resolution called upon Sri Lanka to implement the recommendations in its LLRC report and to take additional steps towards justice, accountability and reconciliation. It also requested Sri Lanka to present an action plan on steps taken to achieve this as well as a report at its twenty-second session from the Office of the High Commissioner for Human Rights on any assistance provided to Sri Lanka.
There were serious accusations from a number of reliable sources that the Sri Lankan delegation in Geneva has been harassing and intimidating Sri Lankan human rights defenders. The office of the UN High Commissioner for Human Rights warned that there must be no reprisals against these individuals. Sri Lankan Public Relations Minister Mervyn Silva threatened to “break the limbs” of those who “betrayed” the country. Sri Lankan police are investigating his comments. Our High Commission, along with others in the diplomatic community, are closely monitoring the situation.