Photo courtesy of Kumanan
Today is International Human Rights Day
Sri Lanka is wrestling with deep-rooted human rights challenges despite pledges for reform. Accountability, civil liberties and governance issues remain stubbornly unresolved, casting a long shadow over the nation’s future.
The ripple effects of the country’s 2022 economic meltdown, fuelled by governance failures and corruption, continue to hit hard. Nearly a quarter of households face food insecurity with economic austerity measures disproportionately affecting women, ethnic minorities and other vulnerable groups.
A recent Amnesty International report paints a grim picture of civil liberties. Activists, journalists and dissidents are increasingly under fire facing harassment, surveillance and violence. The controversial Prevention of Terrorism Act (PTA) is a tool for targeting critics, particularly in Tamil and Muslim communities. Arbitrary detention and police brutality remain rampant with over 1,000 reported cases between 2023 and early 2024.
Sri Lanka is under close scrutiny from the UN and human rights watchdogs. The UN Human Rights Council continues its Accountability Project while the European Union weighs the country’s human rights record in deciding its eligibility for preferential trade agreements.
The displaced and forgotten
The plight of thousands of displaced refugees and internally displaced persons (IDPs) is a stark reminder of unfulfilled international commitments.
The decades-long civil war displaced hundreds of thousands, leaving many still unable to return home. Compounding this, a new wave of repression is emerging. The UN warns of draconian laws, intimidation and violence targeting victims of past abuses, journalists and activists.
Sri Lanka’s refusal to sign the 1951 Refugee Convention leaves refugees without legal protection. Without a national asylum policy, displaced people are treated as illegal immigrants, exposing them to detention and deportation. UNHCR, the UN Refugee Agency, offers some support but the absence of local legal protections means refugees are vulnerable to neglect and harassment.
In cities such as Colombo refugees scrape by in overcrowded shelters, relying on dwindling aid and community support. IDPs in northern and eastern provinces face even grimmer conditions, lacking clean water, sanitation and education. Poverty, unemployment and informal labour markets are the norm while children without documentation grow up in cycles of deprivation.
Hardline nationalist groups paint refugees as threats to national security. This rhetoric has seeped into government policies, leading to the militarisation of former conflict zones and sluggish resettlement efforts. Critics say the proposed Truth and Reconciliation Commission is more show than substance, offering no real accountability for wartime abuses.
International pressure and missed opportunities
While international actors such as the UNHCR and NGOs provide vital aid, their reach is limited by the political landscape. Calls for international pressure to enforce global norms grow louder as the country prepares for a UN resolution debate later this year. Activists, however, warn that attention often wanes before meaningful change takes root.
To address the rights of refugees and IDPs, Sri Lanka must:
- Develop a national asylum policy: A robust framework ensuring access to education, healthcare and employment for displaced persons.
- Resolve land disputes: Transparent mechanisms to address land claims, fostering trust and sustainable resettlement.
- Strengthen accountability: Real efforts to investigate wartime abuses and compensate victims.
- Enhance international cooperation: Collaborate with global and regional actors for resources and expertise.
In a detailed letter addressed to Sri Lankan President Anura Kumara Dissanayake, Human Rights Watch (HRW) urged the leader to take decisive action on pressing human rights issues. Elaine Pearson, HRW’s Asia Director, outlined a comprehensive agenda for reform, urging the president to follow through on campaign promises and tackle longstanding injustices.
“The world is watching. Sri Lanka has a chance to break from its troubled past and chart a course toward dignity, freedom, and justice. The question is whether its leaders have the will to act,” she said.
HRW highlighted how the 2022 economic collapse, driven by mismanagement and corruption, has severely undermined the rights of millions of Sri Lankans. The letter pointed to regressive tax policies, declining public services and the disproportionate impact on marginalised communities. The organization welcomed President Dissanayake’s pledge to reform the tax system, improve healthcare and education and crack down on corruption.
Sri Lanka is one of the world’s leading countries for enforced disappearances with thousands of unresolved cases from the JVP uprising and the civil war. HRW criticised past administrations for failing to prosecute those responsible or provide closure to families.
The letter called for ending security forces’ harassment of families seeking justice, investigating mass graves with international technical support and reforming the ineffective Office of Missing Persons (OMP) and other urgent steps.
Repeal of the Prevention of Terrorism Act
The Prevention of Terrorism Act (PTA), introduced in 1979, was originally intended to address the growing threat of terrorism in the context of the Tamil separatist conflict. However, over the years the law became controversial due to its broad powers including the detention of individuals without charge, the use of confessions obtained under duress and the suppression of dissent.
In 2021, the government took steps towards repealing the PTA following calls from both local and international human rights organizations as well as growing concerns over its abuse. The repeal was seen as a critical step toward restoring rule of law and improving the human rights record. Despite the announcement of the PTA’s repeal, the process has been slow and there have been concerns about the continued use of alternative laws and measures to target individuals without sufficient legal safeguards. Some argue that while the PTA’s repeal is a positive step, it needs to be accompanied by stronger human rights protections and a commitment to addressing past abuses.
Freedom of expression and association
The state of freedom of expression and association remains complex, shaped by the country’s evolving political landscape, past conflicts and ongoing challenges related to governance and human rights.
Freedom of expression and association face significant challenges. Journalists, activists and opposition figures often report harassment, intimidation and legal threats, especially when critical of the government or discussing sensitive issues such as human rights abuses, corruption or post-war reconciliation.
Civil liberties remain under siege, HRW warned, citing intensified restrictions on civic space under previous administrations. Surveillance, harassment and bureaucratic obstacles have stymied civil society efforts, especially in the northern and eastern regions.
Torture, arbitrary detentions and extrajudicial killings
Torture, arbitrary detentions and extrajudicial killings are significant human rights concerns. While the government has made some reforms and ratified international conventions such as the UN Convention Against Torture, torture remains a serious concern with many incidents going uninvestigated or unpunished.
Arbitrary detentions have also been a long standing issue. Journalists, activists and political opponents have been detained without due process, often under vague national security laws like the PTA. Despite the end of the war extrajudicial killings still occur, especially during times of political unrest with victims often being individuals involved in protests or activism against government policies.
Efforts to hold perpetrators accountable have been largely ineffective. There have been some attempts at reconciliation and justice, particularly through international pressure and local advocacy, but impunity remains widespread. Investigations into past abuses, including war crimes and human rights violations, have faced resistance from the government and powerful factions within the country.
Reproductive rights
Reproductive rights have been a topic of ongoing discussion, particularly in relation to gender equality, healthcare access and societal norms. While Sri Lanka has made significant strides in improving healthcare outcomes, including maternal health, challenges remain in ensuring full reproductive rights for women, particularly those from marginalised communities. Family planning services, including contraception, are widely available and the government has promoted initiatives to reduce population growth. However, access to reproductive healthcare services is not always equal with rural and low income women facing barriers such as distance, cost and lack of information.
Abortion laws are highly restrictive. Abortion is illegal except when the life of the woman is at risk or if the pregnancy poses a risk to her physical or mental health. This restrictive legal framework has led to unsafe abortions and a significant number of women seeking clandestine procedures, often under unsafe conditions. There is growing advocacy for liberalising abortion laws but the issue remains politically sensitive due to societal and religious opposition.
A test for leadership
For President Dissanayake, the path forward represents both a challenge and an opportunity. The ball is now in the president’s court to address these sweeping recommendations and set a new precedent for accountability and reform.
The path ahead in improving the status of human rights is complex, requiring significant political will, legal reforms and societal transformation. While the country has made some progress in recent years, including moves toward greater democratic freedoms and reconciliation, serious challenges remain in addressing longstanding human rights issues.
Sri Lanka must engage with international human rights bodies such as the UN and commit to upholding international human rights standards. This includes cooperating with mechanisms such as the UNHCR and engaging with international advocacy on issues such as torture, arbitrary detentions and freedom of expression. Strengthening ties with international partners who advocate for human rights can help push for meaningful reforms.