Photo courtesy of Zira Daily
In an oral update session on progress in Reconciliation and Accountability in Sri Lanka Maarit Kohonen Sheriff, Director of the Global Operations Division in the Office of the UN High Commissioner for Human Rights, echoed the call from many in the country for the new government to follow through consistently on its stated commitment to the safety and freedom of ordinary people throughout the country.
“This is an important opportunity in Sri Lanka’s history that must now translate into meaningful progress on accountability and human rights to heal societal divisions and break the cycle of impunity that has for so long wracked Sri Lanka’s past,” she told the Human Rights Council (UNHRC).
At the same time, she challenged the international community on measures which have undermined the state’s ability to protect citizens. “Economic crisis and austerity measures have impacted deeply on the poorest and most vulnerable in society. Creditors need to provide the Government with the fiscal space necessary to realise all human rights,” she said. The Core Group of states monitoring action noted some encouraging developments in the first few months of the new leadership, yet that much remained to be done.
The government once again objected to the use of UNHRC resolutions as a path to strengthen human rights for Sri Lankans, while describing progress towards at least some of the goals set out in these. “We have reiterated our rejection of Resolutions 46/1, 51/1, and 57/1 and the external evidence gathering mechanism on Sri Lanka that has been set up using these divisive and intrusive resolutions,” stated Himalee Arunatilaka, ambassador and permanent representative of Sri Lanka to the UN in Geneva.
“As reaffirmed at previous sessions, the Government of Sri Lanka is determined to deal with human rights challenges including reconciliation through domestic processes. Sri Lanka will also continue its constructive engagement with the Human Rights Council and regular human rights instruments in a spirit of cooperation and constructive dialogue.”
Yet major obstacles remain within the country to ensuring rights for all as well as among overseas creditors and the IMF. These include reluctance in some quarters to revisit painful moments in modern history and resistance by influential figures to what might weaken their hold as well as the temptation even well intentioned leaders face to hold on to powers which might prove useful. However, amid instability at home and worldwide attacks on basic rights and international humanitarian law, holding firm to the principles of justice, compassion and equality for all is even more important.
Safety and dignity for women
In the run up to the 58th session of the UNHRC, the UN Committee on the Elimination of Discrimination against Women (CEDAW) met. Sri Lanka was one of the countries reviewed.
Amid concern over human rights in general, women and girls have often experienced abuses, especially in poor, minority or otherwise marginalised communities. Addressing these has been a reminder of the challenges in achieving gains in political, social, cultural and economic rights. This may include taking on board not just misuse of state power but also unjust attitudes and practices deeply embedded in families, communities, places of work and study and other organisations however modern or traditional these might seem. While Sri Lanka was the first country to elect a woman as prime minister 65 years ago, even aspects of the law still reinforce inequity.
Experts serving on CEDAW praised Sri Lanka’s action plan on women, peace and security while asking how the government would ensure accountability for past conflict-related gender-based violence and ensure the rights of victims to protest and mourn publicly. How women human rights defenders would be protected and restrictions removed on the activities of civil society was raised. The government delegation, headed by Saroja Savitri Paulraj, Minister of Women and Child Affairs, indicated that the action plan addressed displacement and women’s protection, security and participation in peacebuilding.
Serious concerns were brought up about child marriage being permitted in the Muslim Marriage and Divorce Act, along with other infringements of rights and legislation and measures on domestic violence. The delegation responded that the government was consulting on the issue and trying to strike a balance between women’s and children’s rights and cultural rights. The Women’s Parliamentary Caucus had suggested setting a minimum age for marriage and establishing a multisectoral committee to address this issue. With regard to domestic abuse, an amended Prevention of Domestic Violence Act was due to come into force this year. Committee chair Nahla Haidar, an experienced lawyer born in Lebanon, said that while respecting the freedom of belief, the government needed to work to protect the rights of Muslim women and girls.
A number of women’s rights activists expressed disappointment afterwards, although welcoming the minister’s pledge to meet them. While sensitivity in dealing with varied views is to be welcomed, what happened at the session sounded a cautionary note. If the government was hesitant to take on powerful men in minority communities to safeguard rights for women and girls, how ready was it to confront far more powerful vested interests if necessary to advance rights?
Moving forward in difficult circumstances
Also in the weeks leading up to the UNHRC gathering, open criminality has hit the headlines, exposing a major problem in society. It has been suggested that this is in part prompted by links between organised crime and prominent supporters of the previous regime who wish to destabilise the country. This is not implausible.
There have also been high profile incidents of clear cut or suspected police brutality, including the shooting of two suspects in custody, supposedly during a confrontation. The Human Rights Commission of Sri Lanka has made clear its concern and been in talks with senior police about the need for improvement, speaking with the acting Inspector General of Police among others, while a notorious ex-police chief appointed by the previous administration is currently on the run.
The Bar Association of Sri Lanka stated that extrajudicial killings could never be a solution to addressing the rise in criminal activity and that crime could be best curbed when the state adhered to the rule of law. While ministers may be wary about antagonising the police and security forces or being seen as failing victims of crime, consistency is vital, while a sizeable parliamentary majority offers scope to act.
A global report on freedom prepared by Freedom House identified Sri Lanka as a positive case where this has increased in the past year while worryingly the international trend has been of decline but problems clearly persist. Economic rights have been badly dented by IMF imposed conditions with a harsh impact on low income households.
In late February, as the UNHRC met, Foreign Minister Vijitha Herath spoke of moving forward on a truth and reconciliation commission against the background of a pledge to advance national unity and non-discrimination. “The Government led by President Anura Kumara Dissanayaka is firmly and sincerely committed to working towards a unified Sri Lanka that respects and celebrates the diversity of its people with no division or discrimination based on race, religion, class and caste,” he said.
“The contours of a truth and reconciliation framework, will be further discussed with the broadest possible cross section of stakeholders, before operationalization to ensure a process that has the trust of all Sri Lankans. Our aim is to make the domestic mechanisms credible and sound within the constitutional framework. This will include strengthening the work towards a truth and reconciliation commission empowered to investigate acts of violence caused by racism and religious extremism that give rise to tensions within Sri Lankan society.
“The Government is fully cognisant of the responsibility that accompanies the people’s mandate, including the people of the Northern and Eastern provinces, to fulfil their aspirations for a just, fair and prosperous society for all our citizens.”
In September 2024, at the previous UNHRC session, the Office of the High Commissioner for Human Rights had underlined the ongoing need for major change, and a resolution had been adopted in October. The oral update in March 2025 noted the new president’s acknowledgement of “the harms that have resulted from decades of ethnic divisions and racism” and pledge to ensure “accountability for the 2019 Easter Sunday attacks and other emblematic cases.”
“These commitments to end impunity should extend to the large-scale violations that occurred during the civil war and prior insurgencies. These crimes must be thoroughly investigated, justice served to victims, and perpetrators held accountable.
“We also urge the new Government to reform and strengthen the Office of Missing Persons, including by appointing independent and credible members, to achieve meaningful progress in the thousands of cases of enforced disappearances.
“All new laws must comply with Sri Lanka’s international human rights obligations, and be developed in a transparent, consultative, and inclusive manner.
“Our Office continues to receive reports of surveillance and intimidation by security agencies in the North and East, highlighting the need for more fundamental security sector reforms. We urge the new Government to lift unnecessary regulation and restriction on civil society and independent media to revive the civic space.”
The Sri Lanka Core Group is made up of representatives of Canada, Malawi, Montenegro, North Macedonia and the United Kingdom. In a statement on its behalf, the UK ambassador for human rights to the UN, Eleanor Sanders, commended “Sri Lanka’s peaceful elections and the smooth transition of power last year” and expressed appreciations of “the Government’s commitment to making meaningful progress on reconciliation and the initial steps taken, including returning land, lifting roadblocks, and allowing communities in the North and East to commemorate the past and to memorialise their loved ones.
“In order to build and sustain trust, it is essential to ensure the protection of civil society spaces, including by ending surveillance and intimidation of civil society actors and organisations…We welcome commitments to implement devolution in accordance with the constitution and to make progress on governance reforms,” she said.
The Core Group emphasised that what replaced the Prevention of Terrorism Act should be in line with international obligations and urged “that any comprehensive reconciliation and accountability process carry the support of affected communities, build on past recommendations and meet international standards.”
If Sri Lanka’s leaders wish to build trust, especially among those who have been let down before, this will require considerable boldness including in strengthening democratic institutions and tackling abuses. For Sri Lanka’s diverse communities and well-wishers too, promoting a culture of rights for all may include addressing awkward issues and admitting past failings. It will not be easy, yet it would be tragic if the hopes of those who voted for major change were not properly fulfilled while moving forward would bring major benefits now and for future generations.