Photo courtesy of AP
The regime has declared its defiance of a Supreme Court order, increasing tensions over violations of democratic and broader human rights, as Sri Lanka prepares for elections. Those in charge have repeatedly brushed aside concerns at home and internationally about ongoing abuses of power as well as lack of accountability for past violence. But government unwillingness to pay even lip service to the rule of law on this matter has stoked tension and raised questions about what will happen over the next few months.
Various groups had petitioned against the decision to make Deshabandu Tennakoon the Inspector General of Police, pointing out this was an unsuitable appointment and unconstitutionally made. He had been condemned for negligence by an official inquiry into the Easter 2019 bombings, fined for torture and had a string of other complaints against him. The Supreme Court made an interim order blocking him from being put in charge of law and order nationally until the case had been properly considered. But Prime Minister Dinesh Gunawardena sparked outrage when he told parliament that the order was not legally valid, a view disputed by legal experts and the Bar Association of Sri Lanka.
This bid to override the judiciary takes place against the background of persistent human rights violations, which continue to harm large parts of the population and lead to dangerous long term instability. In addition to failing to set right past abuses, new ones have been added. Pleas and protests on the island have been echoed at international level. The government has made occasional (sometimes tokenistic) attempts to placate some section of the population or deflect criticism abroad, yet it has also been adding to an already long list of abuses. Civil liberties and political freedoms, economic and social rights, minority, workers’ and women’s rights are all important and interconnected; and all have been infringed.
Wielding power, silencing dissent
Many Sri Lankans already lacked confidence in the government’s commitment to fair elections in the run up to which everyone could debate key issues freely. An attempt by the president to push through a constitutional amendment at this time leading to a referendum stoked fears that this would be used as an excuse for delay, especially in view of his earlier postponement of local government elections.
In response to a petition from People’s Action for Free and Fair Elections, the Supreme Court also issued an interim injunctionblocking a scheme suspected of using public funds to win support from some voters. Community Advisory Committees set up by the Cabinet were about to hand out sizeable sums for the apparent purpose of promoting rural development. In addition, former Urban Development Authority Director General Prasad Ranaweera has alleged that his recent sacking by the Minister of Urban Development and Housing, Prasanna Ranatunga, was for refusing to release funds without going through proper financial procedures. Ranaweera claimed that the minister was “adding such pressure to engage in his politics at a time when dates are yet to be fixed for the upcoming presidential elections”.
Presumably with Muslim voters and overseas partners in mind, the government belatedly apologised for forced cremation of Muslims who died of COVID-19. Yet anyone protesting against similar abuses in future or even letting others know about them risks harsh penalties.
Basic freedoms, including from arbitrary arrest and detention, suppression of protests and expression of experiences and views, continue to be trampled. At the 56th session of the UN Human Rights Council (HRC), held from June-July 2024, the Core Group of states asked to monitor the regime’s progress (or lack of it) reported the lack of “accountability for enforced disappearances in Sri Lanka which highlights longstanding impunity for human rights violations. We call on the government to engage with its recommendations to address the suffering caused by enforced disappearances and its impact on all communities.”
In response to new laws falling far short of basic human rights standards, it emphasised that, “It is crucial that any new legislation developed and implemented by Sri Lanka, including legislation relating to counter-terrorism and online safety, fulfils its human rights obligations, including protecting freedom of expression for all.” Other issues mentioned included concern about judicial independence, land seizures in the north and east of Sri Lanka, arbitrary arrests and ill-treatment in detention as well as mechanisms supposed to deliver Transitional Justice to victims and families.
Detailed evidence of ongoing rights violations continues to mount. Human Rights Watch has drawn attention to the misuse of the discredited Prevention of Terrorism Act to target government critics and minority communities despite the promise of a moratorium. As the IMF had pointed out, this also gets in the way of exposing official corruption. A draft law to replace it remains badly flawed.
Online expression has been unacceptably criminalised in a range of ways, according to the Association for Progressive Communications. Amnesty International, Clean Clothes Campaign and Human Rights Watch have underlined how proposed new labour laws would weaken protection for garment and other workers by removing international minimum standards.
Cruelties of poverty and exclusion
However, while some activists and organisations have worked for more just and humane treatment for everyone, not all those criticising certain human rights abuses in Sri Lanka have been as consistent. This has made it easier for the regime to sidestep the need to change.
Notably the IMF has backed a programme of austerity, which has intensified violation of internationally agreed standards of economic and social rights including health and wellbeing of children and adults facing poverty across ethnic and religious communities.
As UN High Commissioner for Human Rights Volker Türk pointed out at the HRC, “Almost half of humanity – some 3.3 billion people – live in countries where governments spend more on servicing their debts than investing in health and education systems for their people…While Sri Lanka’s macro-economic situation has improved, the impacts of the economic crisis together with associated austerity measures are affecting the poorest and already marginalized groups the most. Between 2021 and 2023, the poverty rate doubled from 13.1 to 25.9 per cent and is expected to remain at such levels over the next few years.
“A human rights economy is a lever for social justice. It promotes equal opportunities, meaningful participation, and investment in essential services. It helps forge trust in public institutions, fostering the social contract.
“Globally, we need to bring our economic systems – from trade treaties to investment agreements, business regulation to development frameworks – in line with human rights, including the right to development. This also has consequences for the reform of the international financial architecture,” Türk said.
Various economic experts have also warned that the conditions imposed in Sri Lanka are more likely to choke than stimulate long term growth. Professionals continue to stream out to countries where their prospects are better. Children’s physical and intellectual growth is all too often stunted with alarming implications for the future. History has shown how stark gaps in wealth, in which many are left to face economic hardship and insecurity, have increased the risk of instability and violent conflict.
A range of alternative approaches have been proposed. Yet better off people who move in circles unaffected by poverty and some influential figures overseas, even if concerned about some human rights failings, fail to recognise that lapses in any aspect weaken the framework as a whole.
On the unusual occasions where the regime has tried to achieve positive change, if only on a modest basis, it has sometimes faced opposition even from among those taking up other rights issues. Although there were certain flaws in the wording of a recent bill aimed at advancing gender equality, opposition to changes aimed at reducing discrimination against women and girls and decriminalising lesbian, gay, bisexual and transgender people stems partly from some community leaders’ opposition to universal human rights.
Strengthening respect for rights for all is not easy yet worth working towards in a divided Sri Lanka and world. As elections approach, the regime’s stark failings with regard to core freedoms and other basic rights and the harsh human cost are painfully evident.