Sri Lanka
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SRI LANKA: ‘Without international solidarity and support, our democratic hopes will soon be gone’
CIVICUS speaks about Sri Lanka’s protest movement and its repression with student activist Fathima Ashfa Razik. Fathima used to be a university student and a member of the University Students’ Federation of Sri Lanka. She has fled repression and is currently outside the country.
What triggered the mass protests that erupted in Sri Lanka in March 2022?
The protests were triggered by worsening economic conditions caused by negligence and improper management by the government and its leaders. In reaction to this, the university community acted together: students and lecturers from universities all over Sri Lanka organised to protest against the government.
All we wanted was to chase away the Rajapaksa family – then-President Gotabaya Rajapaksa and his several family members who held ministerial positions in the government. They were engaged in looting the country and were becoming a ruling dynasty. We wanted to have them replaced with a new government that would rebuild the nation.
Our protest grabbed public attention and many people joined us in the streets while many others supported us financially. People came together across the religious and racial lines that divided them. This is what made our protest successful. It was recorded as the biggest mass protest in the history of Sri Lanka.
What did the protests accomplish?
Our protest movement started in March and we marched continuously until, one by one, officials from the Rajapaksa family started to resign from their posts. In July the president announced his resignation and absconded to the Maldives and then Singapore, fearing for his life as his personal villa had been seized by protesters in the heat of the action.
The day Gotabaya Rajapaksa left we all won as a nation. We were happy we were able to kick out the rulers that were ruining us.
After the president resigned, power fell in the hands of Ranil Wickremesinghe, which wasn’t what we expected. We wanted a new, younger government that better reflected the hopes of our generation, and instead we got an old politician who had been active in the government for several decades. Wickremesinghe had been reappointed as prime minister by President Rajapaksa in May 2022 and replaced him when he resigned in July.
How did the new government react towards the continuing protests?
At first, the Wickremesinghe government appeared to be aligned with our democratic aspirations, but it soon became clear that this was a facade. Instead of responding to the demands put forward by the protests by focusing on revitalising the economy and rebuilding our institutions, the new government soon started to repress and criminalise protesters.
Within a few weeks of the formation of the new government, President Wickremesinghe commanded the security forces to remove protesters from the area where we were protesting.
And it didn’t stop there: after we were forced back home, the situation only worsened. Many protesters were arrested under the Terrorism Prevention Act (TPA), including the head of our organisation, Wasantha Mudalige, and were subjected to brutal harassment. Many were tortured under detention, and their family members also suffered repercussions and harsh treatment.
Freedom of speech has been suppressed and the people of Sri Lanka have lost their right to live peacefully in their own country. And the underlying issues continue unabated: there has been no change and economic conditions continue to worsen by the day.
What is the current situation?
Repression has increased. Instead of doing their job properly and in accordance with the law, keeping order and protecting people, security forces have become a tool of repression at the service of corrupt politicians.
Law-abiding citizens are not protected by the law: the law is being used against us. This is clear in the way the TPA is being used against protesters and civil society activists.
The government is using this repressive law, and also acting against the law, to suppress the protest movement. Many students and other protesters have been arrested alongside Mudalige.
Due to his high public profile and the international spotlight shining on him, Mudalige is somewhat protected: it would be politically costly to kill him. But unknown protesters are at much higher risk: they can easily become prey to our power-hungry government. Several instances have been recorded recently of missing students and unidentified bodies found floating in water, some with signs of having been tortured. Many more have received death threats, and many have fled.
In the absence of international solidarity and support, there won’t be much of the protest movement left, and our democratic hopes will soon be gone.
Civic space inSri Lanka is rated ‘repressed’by theCIVICUS Monitor.
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Sri Lanka: A year after Presidential elections, civic freedoms under increasing assault
A year on from the election of Gotabaya Rajapaksa as President of Sri Lanka, global civil society alliance CIVICUS is extremely concerned about the country’s regression in civic freedoms. Research undertaken by the CIVICUS Monitor – which rates civic space in Sri Lanka as ‘obstructed’ – shows a worrying pattern of increasing restrictions on freedom of expression, assembly and association, often with impunity. Human rights defenders, journalists and critics who speak out are facing increasing levels of surveillance, judicial harassment and threats. At the same time, the Rajapaska administration has reneged on both domestic and international human rights commitments, leaving the country on a precipice of a human rights downward spiral.
A crackdown on fundamental freedoms
As civic space has been squeezed tighter under the Rajapaksa administration, human rights lawyers, activists and academics have been targeted with arrests, intimidation and threats for speaking up. Prominent human rights lawyer Hejaaz Hizbullah has been held in detention for more than seven months under the country’s repressive Prevention of Terrorism Act (PTA) without charge or any credible evidence being put before a court. His trial has been postponed to February 2021. In May 2020, lawyer Achala Seneviratne, who is representing the families in a case where 11 youth disappeared in which Navy officers are implicated, received death threats on social media. In June 2020, lawyer Swasthika Arulingam was arrested and detained for several hours in Colombo for attempting to enquire about the detention of Black Lives Matter protestors.
In September 2020, the United Nations Secretary General António Guterres raised concerns over the Sri Lankan government’s intimidation of human rights activists in his annual report on reprisals. The report stated that the UN had “received continued allegations of surveillance of civil society organisations, human rights defenders and families of victims of violations, including repeated visits by police and intelligence services, questioning organisations about their staff and activities related to the UN”.
Amidst other such warning signs of a rapidly deteriorating human rights situation are increasing acts of intimidation against journalists. In the first few months after the elections, unidentified people physically attacked journalists several times, and issued death threats against reporters perceived as critical of the government. Security officials have also searched media offices. Many have resorted to self-censorship and fear covering sensitive issues – a virtually all-encompassing brief, including the army, human rights violations, missing peoples, land-grabbing, political corruption, and the Rajapaksa family themselves. In a number of cases, authorities have openly surveilled journalists, using official vehicles for maximum intimidation.
Protesters, too, have been intimidated and subject to surveillance. Even families of the disappeared, participating in rallies in the northern and north-eastern districts to obtain answers about the fate of their loved ones in the final stages of the civil war in 2009 and its aftermath, have been interrogated by military personnel, often at odd and intrusive times. Surveillance of such families was noted by the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association in his May 2020 report.
Increasing state control over civil society
Numerous civilian institutions, including the NGO Secretariat, which regulates non-governmental groups, have been placed under the control of the Defence Ministry. Independent NGOs are increasingly under threat as the administration have sought to restrict them. A number of NGOs, particularly those in the war-affected Northern and Eastern provinces of the country, reported visits from intelligence officers who sought details of staff, programmes and funding. The UN has reported on concerns from civil society organisations, especially in the north and east of the country, of being denied the right to for groups working on politically sensitive issues, such as LGBTQI+ rights, disappearances, land rights and transitional justice. These refusals typically come in verbal form, without any documentation, reasons or avenue for appeal.
President Gotabaya Rajapaksa has reneged on the Sri Lanka government’s commitment to repeal the repressive Prevention of Terrorism Act (PTA) with legislation that respects its international human rights obligations. The PTA has been used to arbitrarily detain suspects for months and often years without charge or trial. In 2017, the UN special rapporteur on human rights and counterterrorism found that the law “has fostered the endemic and systematic use of torture.
Sri Lanka’s international commitments
In February 2020, Sri Lanka announced that it was withdrawing from its commitments to the UN Human Rights Council. The country had cosponsored a landmark resolution in 2015 to promote reconciliation, accountability and human rights, renewing these commitments in further UNHRC resolutions in 2017 and 2019. There are real risks that ongoing failure to date to secure any accountability or justice for victims of human rights abuses and violations during the decades-long conflict will continue. Coupled with violations of civic space and democratic freedoms ratcheting up in the country, now would be a disastrous time for international attention to fall from Sri Lanka.
A resolution on the human rights Council’s role in preventing human rights crises, adopted in October this year, reaffirmed that CSOs and human rights defenders have a role to play in preventing human rights emergencies, by providing information on early warning signs and on patterns of human rights violations. Attacks against such actors serve as early warning signs in and of themselves, underscoring the need for ongoing Council scrutiny at a time when all the human rights patterns documented by civil society groups and the UN itself point to hard-fought democratic gains being progressively rolled back.
We therefore urge the government of Sri Lanka to undertake the following as a matter of urgency:
- Put an end the harassment, stigmatisation, intimidation, unlawful surveillance and arrest of human rights defenders, journalists and groups seeking truth and justice for victims of the civil war and ensure that they can freely express their opinions and dissent without fear of reprisals.
- Ensure that journalists may work freely and without fear of retribution for expressing critical opinions or covering topics that the government may find sensitive.
- Release human rights lawyer Hejaaz Hizbullah, repeal the Prevention of Terrorism Act and replace it with counterterrorism legislation that respects international legal standards.
- Ensure a safe and enabling environment for activists in which they can organize, assemble, receive and share information.
We further urge the international community to ensure a robust response to Sri Lanka’s human rights violations and its attempts to undermine UN mechanisms, including at the Human Rights Council. We call on the Council to establish an international accountability mechanism which would deliver truth and justice to victims of the conflict, and to take steps to protect those human rights defenders and activists on the ground, including those documented above, who face attacks and threats for speaking out. The attempted silencing of these voices could prove the early warning ahead of an impending human rights emergency.
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Sri Lanka: Brutal attack against peaceful protesters by security forces
Joint Statement
Five human rights organizations strongly condemned the brutal attack against unarmed peaceful protesters by Sri Lankan forces in Colombo in the early hours of 22 July 2022 . Since March 2022, thousands of people including human rights defenders, journalists, and members of civil society have been protesting peacefully across the country against the government’s mismanagement of the economy amid a deepening economic and financial crisis that has led to skyrocketing prices and shortages of fuel, food, and other basic necessities. On numerous occasions, the authorities responded with unnecessary and disproportionate force, arrest, misinformation, and threats against protesters, including human rights defenders. The violence on 22 July 2022 occurred less than 24 hours after Prime Minister Ranil Wickremesinghe was sworn in as the country’s new President. Mr. Wickremesinghe succeeded Gotabaya Rajapaksa, who fled the country on 13 July and resigned a day later. The unnecessary and disproportionate force used against unarmed civilians is a clear violation of Sri Lanka’s human rights obligations under international law and is inconsistent with international human rights standards.
Protesters across the country have been peacefully demanding accountability, an end to corruption, and the abolition of the executive presidency, which protesters say it serves to centralize state power. Human rights defenders in the North and East of Sri Lanka have been demanding accountability for many years without redress. In recent days, protesters have also been calling for the resignation of Ranil Wickeremasinghe, widely believed to be an ally of his predecessor. Shortly after being sworn in as President, on 18 July, Ranil Wickremesinghe declared a State of Emergency in the country curtailing freedom of assembly and judicial safeguards of those arrested.
At around 1:30am on 22 July 2022, security forces including members of the Sri Lanka Army, Air Force, police, and the Special Task Force, surrounded the “Gota Go Gama” (GGG) protest site in Colombo which had been occupied by demonstrators for over a hundred days. Witness accounts and footage from the protest site revealed the extent of the violence used by security forces against the protesters, with some of them being beaten and dragged, while others pleaded for mercy. Nine protesters were arrested and granted bail on the same day. At least 14 protesters were hospitalized. Among those arrested was a well known human rights lawyer. Journalists, lawyers and human rights defenders including women, persons with disabilities, and members of the LGBTQ+ community were assaulted. Materials and electronic devices belonging to protesters were destroyed. Troops barricaded all entrances to the protest site and used violence and threats to prevent access to journalists, lawyers, human rights defenders, and medical personnel. The violence took place after the protesters had already announced their decision to peacefully handover the Presidential Secretariat building at 2 pm the same day to the government. This building had been occupied by protesters since 9 July 2022. The Bar Association of Sri Lanka and the Human Rights Commission of Sri Lanka have condemned the violence against protesters.
Reprisals, including through the use of force against peaceful protesters, have increased especially in response to the demonstrations. Human rights defenders and survivors in the North and East have long faced worse reprisals and violence with relatively less attention. In Colombo, on 9 May 2022, pro-government mobs attacked peaceful protesters in Colombo and at least 1,500 people were arrested in connection with the violence. On 9 July 2022, around 11 journalists were severely injured while covering the protests.
We are gravely concerned about the security forces’ violent crackdown on peaceful protests in Sri Lanka. We condemn the unnecessary and disproportionate use of force and call for an independent, impartial, and thorough inquiry into such actions and to hold those responsible accountable. and to release protesters who have been arrested.
Signed
- Asian Forum for Human Rights and Development (FORUM-ASIA)
- CIVICUS: World Alliance for Citizen Participation
- Front Line Defenders
- International Federation for Human Rights (FIDH), in the framework of the Observatory for the Protection of Human Rights Defenders
- South Asians for Human Rights
Civic space in Sri Lanka is rated as Obstructed by the CIVICUS Monitor
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Sri Lanka: Civil society subjected to intensified military surveillance and other restrictions
Joint Statement at the 44th session of the Human Rights Council
Interactive dialogue with the Special Rapporteur on the rights to freedom of peaceful assembly and of association
Thank you, Madam President.
As the Special Rapporteur’s report demonstrates, the space for Sri Lankan civil society is rapidly shrinking. For several months now, civil society organisations have been subject to intensified military surveillance and questioning by different government authorities.
Worryingly, the COVID-19 pandemic has been exploited by the Sri Lankan government to impose restrictions on the rights to freedom of expression, association and peaceful assembly, resulting in the arrest and detention of social media commentators like Ramzy Razeek. Senior lawyer and minority and civic rights activist, Hejaaz Hizbullah, who was arrested and detained on suspicion of offences under the draconian Prevention of Terrorism Act, has now been detained for close to three months without being produced before a judge, after having been misled to believe that the authorities were visiting his house to discuss his potential exposure to COVID-19.
Since January 2020, the Government of Sri Lanka has established multiple Presidential Task Forces. Decisions have been taken with no oversight by Parliament. The Presidential Task Force to build a “Secure Country, Disciplined, Virtuous and Lawful Society” is fully comprised of security sector personnel and given an ambiguous mandate. Sri Lankan civil society has raised a serious concern that the task force can extend military control over civilian life. Its power can be abused to curtail dissenting voices which are deemed to be “harmful to the free and peaceful existence of society”. The increased deployment of military personnel along with the police, and the disproportionate use of force against peaceful protesters, as observed recently, are also alarming.
Considering growing concerns over shrinking space for dissent domestically, the Council remains effectively the only forum where Sri Lankan civil society has the possibility to engage openly in dialogue with the Government and other States on human rights concerns in Sri Lanka, and even this space is increasingly under threat due to deepening risks of reprisals against Sri Lankan civil society actors who speak at the Council. Those human right defenders are increasingly vilified as “traitors” in both mainstream and social media.
Given Sri Lanka’s announced withdrawal from its commitments to the implementation of resolution 30/1, and the clear and consistent recommendations by the OHCHR that the Council should monitor progress towards accountability, the Council needs to take a more robust approach on Sri Lanka. Against this backdrop, we encourage the Special Rapporteur to continue to follow up on the situation and urge the Human Rights Council to enhance its monitoring of Sri Lanka’s compliance with international human rights law, including to ensure that human rights are protected throughout the forthcoming general elections.
Amnesty International
CIVICUS
Forum Asia
Franciscans International
Human Rights Watch
International Movement Against All Forms of Discrimination and Racism
ISHR
Minority rights group international
Civic space in Sri Lanka is currently rated as Obstructed by the CIVICUS Monitor
Current council members:
Afghanistan, Angola, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain, Bangladesh, Bulgaria, Burkina Faso, Cameroon, Chile, Czech Republic, Democratic Republic of the Congo, Denmark, Eritrea, Fiji, Germany, India, Indonesia, Italy, Libya, Marshall Islands, Mauritania, Mexico, Namibia, Nepal, Netherlands, Nigeria, Poland, Pakistan, Peru, Philippines, Qatar, Republic of Korea, Senegal, Slovakia, Somalia, Sudan, Spain, Togo, Ukraine, Uruguay, Venezuela
Civic space ratings from the CIVICUS Monitor
OPEN NARROWED OBSTRUCTED REPRESSED CLOSED -
Sri Lanka: Concerns about missing persons and possible changes to the Constitution
Joint statement at the 43rd Session of the UN Human Rights Council
CIVICUS, IMADR, International Service on Human Rights, Franciscans International, Human Rights Watch, Forum Asia, Minority rights group internationalWe are deeply concerned by indicators of a significant backsliding on human rights in Sri Lanka, underscored by the government using their address to the Council this week to go back on the important commitments made by Sri Lanka through HRC resolution 30/1.
Sri Lankan authorities’ indication to revoke the 19th amendment to the Constitution would remove check and balances on the executive and seriously jeopardise the independence of the judiciary and relevant commissions. The Government is reportedly considering reviewing the Office on Missing Persons (OMP) Act. Similarly, the President’s recent callous comments about the fate of thousands of missing persons without any conclusion of investigations in line with international law have added to the distress of families of the disappeared. A Gazette on 22nd January granted powers to a Commission of Inquiry (CoI) to scrutinise investigations into emblematic cases. The COI has attempted to halt criminal proceedings against navy officers accused of the disappearance and killing of eleven youth. We echo the High Commissioner’s concern on the promotion of several military officers who are named in the OISL report for violations of international law.
Since November 2019, the Ministry of Defence has been assigned as the oversight body for NGOs, significantly increasing the risk of their surveillance. More than a dozen human rights and media organisations have received intimidating visits from law enforcement and intelligence agencies, while death threats against journalists have resumed. The climate of fear has returned to Sri Lanka, in particular among those who continue to call for truth, justice and accountability. Relentless campaigns against minorities also require immediate attention.
We urge this Council to hold Sri Lanka accountable to its obligations under international law. Given this week’s announcement that the new Government will not continue to engage with the clear framework agreed through resolution 30/1; the failure of past domestic reconciliation and accountability mechanisms; and the ongoing compromise of the rule of law as pointed out by the High Commissioner yesterday, we call on the Council to establish an international accountability mechanism on Sri Lanka.
Civic space in Sri Lanka is rated as Obstructed by the CIVICUS Monitor (see country profile page)
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Sri Lanka: Continued civic space violations and lack of reforms, one year on
CIVICUS, a global civil society alliance, calls on the government of President Anura Kumara Dissanayake to halt the continued harassment of activists and journalists and crackdown on protests. One year since he came to power, there has been a failure to reform restrictive laws and to address accountability for past crimes.
Some actions, highlighted in a brief published today by the CIVICUS Monitor, are inconsistent with Sri Lanka’s human rights obligations under the International Covenant on Civil and Political Rights (ICCPR). The ICCPR imposes obligations to respect and protect civic freedoms, including freedoms of association, expression and peaceful assembly. These rights are also enshrined in Sri Lanka’s constitution.
The state of civic space in Sri Lanka is rated as ‘repressed’ by the CIVICUS Monitor. Over the last year, the CIVICUS Monitor has documented increasing regulations and onerous bureaucratic requirements for Civil Society Organisations (CSOs) to register and operate, as a result of the militarisation of civilian administrative functions. Further, CSOs are closely monitored by intelligence services, particularly in the north and east where the civil war occurred.
Human rights defenders and activists continue to face intimidation and harassment, while journalists critical of the government, particularly those based in the north and on the east coast, are subjected to ongoing surveillance, harassment, and intimidation by the police and military. There have also been restrictions and arrests of protesters.
"For a year now, the Dissanayake government has continued a troubling legacy of repression, erecting barriers to civil society, harassing those who defend human rights, and silencing critical voices in the media. This crackdown on freedoms must stop. The government must act now to protect the rights of activists and journalists and allow them to work without fear, interference, or retaliation,” said Josef Benedict, Asia researcher for CIVICUS
CIVICUS is also alarmed by the failure to repeal or review restrictive laws to bring them in line with international law and standards. The notorious Prevention of Terrorism Act (PTA) has been used to target perceived opponents and minority communities without credible evidence, despite repeated pledges to end the practice. Furthermore, the Online Safety Act, that is inconsistent with international human rights standards and has sparked fears among rights groups, remains in force. This runs contrary to the promises made by the National People’s Power (NPP), during the presidential elections to abolish the act altogether.
The Dissanayake government has also failed to launch any credible accountability process into the crimes committed during the civil war, despite overwhelming evidence gathered by the UN and human rights groups. Meanwhile, Tamil activists and victim communities continue to face repression and other violations for demanding justice and accountability.
“The authorities must revise or repeal all laws to ensure they comply with the government’s commitment to civic freedoms under the ICCPR. It must also ensure accountability for crimes during the civil war and order all agencies to immediately end all forms of reprisals against representatives of civil society, human rights defenders, journalists, victims and their families, mobilising for justice and accountability.” added Benedict
About the CIVICUS Monitor
Over twenty organisations collaborate on the CIVICUS Monitor to provide an evidence base for action to improve civic space on all continents. Civic freedoms in 198 countries and territories are categorised as itheropen, narrowed, obstructed, repressed or closed, based on a methodology that combines several data sources on the freedoms of association, peaceful assembly and expression.
Civic space in Sri Lanka is rated repressedby the CIVICUS Monitor.
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Sri Lanka: Economic Meltdown Sparks Mass Protests
By Andrew Firmin, Editor-in-Chief at CIVICUS
Economic crisis has provoked a great wave of protests in Sri Lanka. People are demanding the resignation of the president, blamed for high-handed and unaccountable decision making, exemplified by his introduction of an agricultural fertiliser ban in 2021 that has resulted in a food crisis. People don’t just want the president’s removal: they want a change in the political balance of power so that future presidents are subjected to proper checks and balances. Hope comes from the wide-reaching and diverse protest movement that has put aside past differences to demand change. Recent weeks in Sri Lanka have seen anger and protests alongside struggles to secure the basics of life – but also hope that change is coming. An economic meltdown has brought normal life to a halt. People are living with lengthy power cuts, almost no access to fuel and soaring prices that have made essential foods unaffordable, forcing many to cut down on their daily meals.
Read on Inter Press Service News
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Sri Lanka: End Arbitrary Detention of Student Activist
Wasantha Mudalige Held 150 Days Under Draconian Prevention of Terrorism ActThe Sri Lankan government should immediately end the arbitrary detention of Wasantha Mudalige, a student activist who was arrested on August 18, 2022, 7 human rights organizations said today. Since August 21, Mudalige, 29, has been held on orders signed by President Ranil Wickremesinghe under the Prevention of Terrorism Act (PTA), a draconian law that the government has long promised to repeal.
A hearing on Mudalige’s bail application has been scheduled for Hulftsdorp Magistrates Court on January 17, 2023. Under the PTA, the court does not usually grant bail if the Attorney General's Department, acting on the government’s behalf, opposes it.
The Sri Lankan government detained Mudalige as part of its crackdown since an economic crisis in 2022 sparked largely peaceful protests demanding governance reform and action against alleged official corruption. The government responded by giving sweeping powers to the police and military, which used unnecessary and excessive force to disperse demonstrations and arrest hundreds of people, including many students.
Many of those detained have since been released on bail. However, the authorities have used extraordinary powers under the Prevention of Terrorism Act to keep Mudalige in detention despite having produced no evidence of any involvement in “terrorism.” As convenor of the Inter University Students' Federation, he had taken a prominent part in the protests. Much of the time he has been held in solitary confinement and poor conditions, which can violate the prohibition on torture or other ill-treatment under international human rights law.
In December, Mudalige required hospital treatment for breathing difficulties. His family and his lawyer have expressed concern for his safety and his health in detention. On October 4, the Human Rights Commission of Sri Lanka issued a notice calling for the police to protect Mudalige’s safety in custody.
The Prevention of Terrorism Act allows for up to a year of detention without charge on the orders of the defense minister, who is currently President Wickremesinghe. Since it was introduced as a “temporary” measure in 1979, the law has been used particularly to target members of the Tamil and Muslim communities, and to stifle dissenting voices including journalists and human rights defenders. The United Nations and human rights groups have repeatedly documented that the PTA has been used to enable prolonged arbitrary detention and torture or other ill-treatment.
Successive Sri Lankan governments, including the present administration, have repeatedly pledged to repeal the PTA and replace it with rights-respecting legislation – most recently to the European Union in October. Yet the government continues to use the law to violate human rights, in breach of its own domestic and international commitments.
On August 18, the authorities arrested Mudalige along with 19 other people during a protest in Colombo that the police violently disrupted using excessive force. Two others arrested that day were also detained under the PTA, but both have since been released without charge. Hundreds of people arrested under ordinary criminal legislation for offenses allegedly committed during the 2022 protests, such as damage to public property, have also been released on bail.
During the first three months of his detention, Mudalige was shuttled between two detention centers run by the police Terrorism Investigation Department. One is a dilapidated and abandoned prison unfit to hold prisoners. He and the other detainees were held in solitary confinement, in cramped cells without access to basic facilities including sanitation and sunlight. Holding people in such conditions violates the international legal prohibition on torture or other cruel, inhuman or degrading treatment. Prisoners suffered ill health, apparently as a result of the conditions in the jail and lack of treatment.
The abuse of counterterrorism legislation to arbitrarily detain a student activist involved in non-violent protest has a chilling effect on the rights to freedom of expression, association and peaceful assembly, the groups said. President Wickremesinghe has called anti-government protesters “terrorists” and “fascists,” and threatened to renew a state of emergency and redeploy the military if fresh protests emerge amid the ongoing economic crisis. The authorities have continued to pursue other activists alleged to have participated in the 2022 protests.
On December 14, Mudalige was taken before a magistrate for the first time since he was detained. The magistrate ordered the attorney general to submit any evidence against Mudalige at the next hearing, on January 17, or to agree to bail. On January 5, the police took Mudalige before a magistrate and introduced new cases against him under ordinary criminal laws, related to other protests in which he purportedly participated in 2022.
The authorities have targeted Mudalige in the past for his activism. On August 3, 2021, he was arrested and jailed for more than three months after protesting for the right to free education. Thirteen human rights organizations issued an appeal against his detention.
The Sri Lankan authorities should immediately impose a moratorium on the use of the PTA, and promptly repeal it, the groups said. The authorities should immediately review the detention of anyone held under the PTA, ensuring adequate access to fair bail hearings. They should also release all protesters facing charges that do not meet international standards.
The government of Sri Lanka should fully respect the rights to freedom of expression and peaceful assembly.
Signed:
Amnesty International
Asian Forum for Human Rights and Development (FORUM-ASIA)
CIVICUS: World Alliance for Citizen Participation
Frontline Defenders
Human Rights Watch
International Working Group on Sri Lanka
Sri Lanka Campaign for Peace and Justice
Civic space in Sri Lanka is rated as Obstructed by the CIVICUS Monitor
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Sri Lanka: end government crackdown on peaceful protesters
We, the undersigned organizations, condemn the Sri Lankan authorities' violent crackdown and increasing reprisals against peaceful protesters in Sri Lanka. This includes arrests, intimidation and the brutal attack on the protest camp in Colombo on 22 July 2022. The Sri Lankan authorities must ensure that security forces do not use excessive force and will respect the rights of peaceful protesters at the ‘Gotagogama’ site, which authorities have ordered to be vacated by 5:00 pm on 5 August 2022.[1]
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Sri Lanka: End judicial harassment against activist Nathasha Edirisooriya
CIVICUS, a global civil society alliance, calls on the Government of Sri Lanka to immediately and unconditionally drop charges against youth activist and stand-up comedian Nathasha Edirisooriya. The government must stop using judicial harassment to silence free speech.
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Sri Lanka: Human Rights Under Attack
Lawyers, Human Rights Defenders and Journalists Arrested, Threatened, Intimidated
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Sri Lanka: Lift restrictions on fundamental freedoms and investigate violations
CIVICUS, a global civil society alliance, is alarmed by the declaration of a state of emergency in Sri Lanka, the excessive use of force by the Sri Lankan security forces against protesters and restrictions on internet access following widespread demonstrations in the country.
There have been anti-government protests since early March 2022 as the country suffers its worst economic crisis in decades. Demonstrators accuse the government of mismanaging the economy and creating a foreign exchange crisis that has led to shortages of essentials such as fuel, cooking gas, milk powder and medicine.
Hundreds of protesters marched outside President Gotabaya Rajapaksa’s private residence on 31 March 2022. The peaceful protests turned violent when security forces deployed tear gas and water cannons leaving at least 50 injured. Dozens of protesters were arrested and some ill-treated. Eight journalists who were covering the protests were allegedly assaulted by security forces.
On 1 April 2022, a state of emergency was declared by the president in an effort to quell the protests. It allows authorities to arrest and detain suspects without warrants, and this severely restricts fundamental rights such as the freedoms of expression and assembly. Under the state of emergency, the authorities imposed a nation-wide 36-hour curfew. Despite this, thousands of protesters, including students, continued to take to the streets. According to reports at least 600 protesters were arbitrarily arrested on 2 and 3 April.
“Sri Lanka’s clampdown on civic space with the imposition of a state of emergency is extremely worrying. We urge the government to refrain from deploying violence against protesters and instead respect and protect peoples’ rights to peaceful protest. All those detained arbitrarily must be released and all abuses by security forces must be investigated and punished,” said Josef Benedict, Asia Pacific Researcher of CIVICUS.
The government has restricted internet access and social media platform for nearly 15 hours under the pretext of maintaining public and social order. On 2 April 2022, Thisara Anuruddha Bandara, a youth activist who actively promoted the #GoHomeGota social media campaign to oust the president - used widely during the protest - was arrested for allegedly ‘exciting disaffection’ against the president under Section 120 of the Penal Code. He was granted bail a day after.
“The government must halt any restrictions on internet access, including to social media platforms, which is a clear violation of the right to freedom of expression and information guaranteed by the constitution and under international human rights law. The authorities must also drop the charges against youth activist Thisara Anuruddha Bandara immediately,” added Josef Benedict.
CIVICUS has documented how the Rajapaksa administration has led an assault on civic space and fundamental freedoms since the President assumed power more than two years ago. There have been ongoing attempts to prevent and disrupt protests. This included imposing a ban on all protests under the pretext of COVID-19, arbitrary arrests of peaceful protesters and activists using the draconian Prevention of Terrorism Act (PTA), as well as criminalising dissenters. In March, the UN High Commissioner for Human Rights, Michelle Bachelet, similarly reported to the Human Rights Council that ‘the Government’s response to criticism has constricted democratic and civic space’.
As the party to the International Covenant on Civil and Political Rights (ICCPR), the Sri Lankan government has the duty to respect, protect and fulfil fundamental freedoms enshrined under the treaty. This includes the right to freedom of expression and peaceful assembly. Any use of force must only be the minimum amount necessary, targeted at specific individuals, and proportionate to the threat posed.
The protests and escalating economic crisis has led to the resignations of 26 ministers in the current cabinet leaving only the president, Gotabaya Rajapaksa, and his brother, Mahinda Rajapaksa, the prime minister.
Civic space in Sri Lanka is rated as obstructed by the CIVICUS Monitor.
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Sri Lanka: Release human rights defenders detained for advocating for education rights
🇱🇰#SriLanka: Ahead of their trial tomorrow, the courts must grant bail to 5 human rights defenders detained for participating in peaceful protests to protect education rights, pending their release. Their rights should be protected, not criminalised https://t.co/uXqoY3n4lj pic.twitter.com/MQFavz9eeE
— CIVICUS (@CIVICUSalliance) November 10, 2021CIVICUS, a global alliance of civil society, stands in solidarity with five human rights defenders (HRDs) detained for participating in peaceful protests to promote and protect education rights in Sri Lanka. Ahead of their hearing on 11 November 2021, we urge the courts to grant them bail immediately. We also call on the government of Sri Lanka to drop all charges against them and respect their rights to dissent and to peaceful assembly.
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Sri Lanka: Release poet and drop spurious charges against him
Joint Statement from CIVICUS and Asian Human Rights Commission (AHRC)
The arrest and ongoing detention of award-winning author and poet Shakthika Sathkumara on spurious charges are a clear violation of his right to freedom of expression, CIVICUS, the global civil society alliance and the Asian Human Right Commission (AHRC), said today ahead of his next court hearing on 18 June.
Shakthika Sathkumara was arrested on 1 April 2019 by the Polgahawela Police in response to a complaint alleging that Sathkumara’s short story ‘Ardha’ (Half) was derogatory and defamatory to Buddhism. The story is allegedly about homosexuality and child abuse in a Buddhist temple in Sri Lanka, and there is no evidence that the content contains anything that amounts to hate speech or defamation. He was initially remanded by the Polgahawela Magistrate’s Court until 9 April and has remained detained since his arrest. The Attorney General has twice rejected his bail request.
Sathkumara faces charges under the International Covenant on Civil and Political Rights (ICCPR) Act of 2007, which criminalises the advocacy of “national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence”. If convicted, he faces a maximum of up to ten years’ imprisonment. No credible evidence has been presented to substantiate any of these charges.
This is a clear misuse of the law, which was enacted to protect human rights recognised by the international community including fundamental freedoms such as freedom of speech.
Shakthika Sathkumar’s arrest and ongoing detention are inconsistent with Sri Lanka’s constitutional and international human rights obligations, as well as the country’s ICCPR Act. The right to freedom of expression which includes artistic expression and creativity is guaranteed under the International Covenant on Civil and Political Rights, to which Sri Lanka is a party, as well as Article 14(1)(a) of the Constitution of Sri Lanka. Sri Lanka is also bound by international human rights law to protect artists and all persons participating in artistic activities.
Further, under the law he can only be granted bail by a high court judge. Systemic delays inherent in the Sri Lankan justice system means that it could be months before he even appears before a high court. That he has been remanded only on the basis of a police report, without a magistrate ruling that there is basis for detention, is also a violation of fair trial rights and has worrying implications for due process rights in the country. The Inspector General of Police and the Attorney General of Sri Lanka must investigate these concerns immediately.
CIVICUS and AHRC call on the authorities to release Shakthika Sathkumara immediately and unconditionally, and to drop the spurious charges brought against him. We also call on the authorities to ensure that writers and artists may work freely and without fear of retribution for expression critical opinions or covering topics that the government or others may find sensitive or offensive.
Shakthika Sathkumar’s arrest comes in the context of attacks on civic space more broadly in the country. Over the last year, CIVICUS has documented multiple attacks, threats and intimidation against journalists and human rights activists in Sri Lanka and the failure to bring the perpetrators of these abuses to account.
TheCIVICUS Monitor, an online platform that tracks threats to civil society in countries across the globe, rates the space for civil society inSri Lanka as ‘Obstructed’
For more information, please contact:
Josef Benedict at josef.benedict{AT}civicus.org (CIVICUS) or
Mohammad Ashrafuzzaman at zaman{AT}ahrc.asia (AHRC) -
Sri Lanka: Repeal draconian laws and ensure meaningful inclusion of civil society in transitional justice processes
Statement at the 54th Session of the UN Human Rights Council
Interactive Dialogue on the report of the Office of the High Commisioner for Human Rights (OHCHR) on Sri Lanka
Delivered by Róisín Dunbar
Thankyou, Mr. President,
CIVICUSwelcomes this crucialupdate on the human rights situation in Sri Lanka which reflects our own monitoring of the challenging state for civil society and human rights defenders – especially those working ontruth and justice -and the ongoing failure of the governmenttoundertake meaningful reforms.
As noted in the report,there is ongoingsurveillance, intimidation and harassment of activists involved in memorialization bysecurity forces, especiallyin the Northern and Eastern provinces.Further, theAnti-Terrorism Bill designed to replace thedraconianPrevention of Terrorism Act- which has been used to criminalise and detain activists and protesters– has yet to be revised to ensure it is consistent with international law. At the sametime theInternational Covenant on Civil and Political Rights Act No. 56 of 2007– a law meant to protect human rights -has continued to be misused to stifle freedom of expression.
We are also concerned that peaceful protesters continuedtobe detained andmet by disproportionate use of water cannons and tear gas.
CIVICUS alsoechos concerns from civil society groups about theproposed National Unity and Reconciliation Commission to deal with conflict abuses, which we do not believe will delivertruth,justice and reparations.
Wecall on the Sri Lankan government towithdrawallcharges againstactivists and protestersfacing court cases andtorepeal all draconian legislation used to criminalise activists. We also call on the government to fullyengage -instead of harassing victims of human rights violations andcivil society activists supporting them - and deliver a transitional justice processthatabides by Sri Lanka’s obligations under international human rights and humanitarian law.
We thank you.
Civic space in Sri Lanka is rated as 'Obstructed' by the CIVICUS Monitor
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Sri Lanka: Resolution adopted at UN Human Rights Council
Resolution on Sri Lanka adopted at the 46th Session of the UN Human Rights Council
The UN Human Rights Council maintains scrutiny but impunity concerns remain
CIVICUS welcomes renewed scrutiny on Sri Lanka by the Human Rights Council, and calls for the Council to take further measures towards an accountability mechanism should the situation continue to deteriorate.
In a strong report delivered to the Human Rights Council at this Session, the High Commissioner for Human Rights said that this moment represented a ‘key juncture for the Council’s engagement with Sri Lanka.’ The report concluded that domestic initiatives for accountability and reconciliation have repeatedly failed to produce results.
Sri Lankan civil society who document, monitor and report on past and current rights violations continue to face surveillance, harassment and attacks. They need the strongest possible support from the international community. We therefore welcome that the resolution strengthens the capacity of the Office of the High Commissioner to ‘collect, consolidate, analyse and preserve information and evidence and to develop possible strategies for future accountability processes.’ However, although the resolution adopted at this session maintains much-needed scrutiny on Sri Lanka, it represents a missed opportunity to mandate an international accountability mechanism in the absence of functional domestic processes.
One year ago, the Sri Lanka administration announced its withdrawal from a UN resolution to promote reconciliation, accountability and human rights, which it had previously co-sponsored. As civic space has been simultaneously squeezed tighter under the Rajapaksa government, human rights lawyers, activists and journalists have been targeted with arrests, intimidation or threats for speaking up. Independent NGOs are increasingly being silenced and even peaceful protests seeking accountability by victims of the civil war have been targeted. We welcome that the resolution raises serious concerns at these trends, describing them as a ‘clear early warning sign of a deteriorating situation of human rights’.
We call on the Council to take heed of these strong warning signs provided by the High Commissioner, as well as by human rights defenders, by journalists, and Special Rapporteurs, and to take future further measures towards furthering truth and accountability processes if proved necessary.
Civic space in Sri Lanka is rated as Obstructed by the CIVICUS Monitor
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Sri Lanka: Security forces must exercise restraint and protect the right to protest
CIVICUS, the global civil society alliance, calls on Sri Lankan security forces to refrain from using excessive force and prevent further deaths and injuries amid increasing violence around protests and guarantee a safe and enabling space for peaceful protesters to voice their concerns.
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Sri Lanka: Space for civil society continues to be under attack
Statement at the 53rd Session of the UN Human Rights Council
Adoption of the UPR report of Sri Lanka
Delivered by Tharindu Jayawardhana
Thank you, Mr President.
Mr President, the Centre for Society and Religion, Asia Legal Resource Centre and CIVICUS welcome the government of Sri Lanka's engagement with the UPR process.
Since its last review, Sri Lanka did not implement any of the nine recommendations related to civic space. We note that Sri Lanka accepted 24 of the 31 recommendations on civic space it received during this cycle including to ensure a safe environment for civil society, including human rights defenders and journalists and refrain from imposing undue limitation on NGOs.
Despite these commitments, space for civil society has continued to come under attack in recent years. We have documented arbitrary arrests, detention, harassment and surveillance of activists and journalists and the misuse of the PTA and ICCPR Act and other laws to silence freedom of expression and assembly. We also documented restrictions on protests and harassment and intimidation of protesters - including against families of disappeared persons in the north and east - and the use of excessive force and prosecution of protesters following the economic crisis. We are concerned the imminent “NGO law” will curtail freedom of association and legalize government interference in civil society.
Mr President, our organisations call on the Government of Sri Lanka to withdraw charges against activist and lawyer Hejaaz Hizbullah charged under the PTA; discharge activist and comedian Nathasha Edirisooriya facing several court cases including under the ICCPR Act; to discharge protesters facing court cases related to protests under various laws and to conduct impartial investigations and prosecutions in relation to violations committed by police and armed forces in the context of protests and repeal all draconian legislation used to criminalise activists.
We thank you.
Civic space in Sri Lanka is rated as "Obstructed" by the CIVICUS Monitor.
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Sri Lanka: State of emergency must not be used to curtail fundamental freedoms
CIVICUS, a global civil society alliance, is concerned with the declaration of a state of emergency by the prime minister’s office in Sri Lanka on 13 July and again by the Acting President on 18 July. Our organisation urges the Sri Lankan authorities to refrain from using the state of emergency to stifle dissent and respect the right to freedom of peaceful assembly.
President Gotabaya Rajapaksa announced on 9 July 2022 that he would step down on 13 July to ensure a ‘peaceful transition of power’ after about 100,000 protesters gathered outside the president’s official residence, amid the worst economic crisis in decades. He then fled Sri Lanka and appointed prime minister, Ranil Wickremesinghe to be acting president. This led to thousands of anti-government protesters storming Wickremesinghe's office on 13 July calling for him to step down as police and troops fired tear gas and water cannons. Protesters also broke into the main state television station and briefly took over broadcasts.
In response, the authorities announced a state of emergency, the third since the anti-government protests began in March 2022, under the pretext of safeguarding national security. Police imposed an indefinite curfew across the Western Province, which includes Colombo, "to contain the situation". Wickremesinghe also announced that a committee consisting of the chief of defense staff, army, navy, and air force commanders, and the inspector general of police had been appointed to ‘restore order’ and called the protesters ‘fascists’.
Another state of emergency was declared across the island on 18 July ‘in the interests of public security, the protection of public order and the maintenance of supplies and services essential to the life of the community’. The Sri Lankan parliament is scheduled to deliberate to elect a new president on 20 July.
During previous states of emergency in April and May 2022 to quell the protests, human rights groups documented various abuses by security forces including the arbitrary arrests of protesters, use of excessive and lethal force, the targeting of activists, violence against journalists who were reporting on the situation, and restrictions on access to social media.
“It is alarming that the authorities have once again resorted to using emergency regulations to stifle protests in the name of national security. During previous states of emergency, we witnessed the arbitrary arrests of hundreds, excessive force against protesters and even incidents of torture or ill-treatment in detention. The authorities must lift the state of emergency immediately, end all restrictions on fundamental freedoms and stop the vilification of protesters,” said Cornelius Hanung, Asia Advocacy and Campaigns Officer of CIVICUS.
The violations against protesters are part of a broader trend of attacks on civic space under the Rajapaksa administration that civil society has documented in recent years including the targeting of activists and critics, the use of the notorious Prevention of Terrorism Act (PTA), the harassment of Tamil war victims’ families and civil society organisations and failure to hold officials accountable for conflict-era crimes under international law.
As a state party to the International Covenant on Civil and Political Rights (ICCPR), Sri Lanka must adhere to its obligation to uphold fundamental freedoms enshrined in the treaty, particularly freedom of expression and of peaceful assembly.
“We condemn the continued use of excessive force against protesters under the pretext of maintaining law and order and other abuses by security forces. Any new government must ensure an independent and impartial investigation into all these violations and perpetrators must be held accountable. Continued impunity will only further erode human rights and the rule of law” Cornelius Hanung said.
In June 2022, Sri Lanka was added by the CIVICUS Monitor to a watchlist of countries that have seen a rapid decline in civic freedoms.
Civic space in Sri Lanka is rated as Obstructed by the CIVICUS Monitor
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Sri Lanka: Submission to the UN Human Rights Committee on the deterioration of civic space
CIVICUS has submitted a report to the UN Human Rights Committee on the state of civic space in Sri Lanka ahead of its review of the state’s implementation of its obligations under the International Covenant on Civil and Political Rights (ICCPR) on 8-9 March 2023.
In the submission, CIVICUS documented the ongoing restrictions, criminalisation, harassment and threats of journalists including those who covered the mass protests in 2022. There has also been a lack of progress in holding the perpetrators of past human rights violations against journalists to account. The report also highlights the continued misuse of the ICCPR Act No. 56 – a law meant to protect human rights – to stifle freedom of expression as well as the use of a number of legal provisions to silence individuals for their criticism of the government’s handling of the COVID-19 pandemic. The blocking of social media sites is another ongoing concern.The submission also notes the use of the Police Ordinance No. 16 of 1865 to deny or block peaceful protests. Excessive restrictions were imposed on protests during the pandemic with some activists being detained and forcibly taken to quarantine facilities. Families of disappeared persons in the north and northeast districts also faced systematic harassment for holding marches and protests seeking justice for serious crimes committed during the civil war. Around the mass protests in response to the economic crisis, emergency regulations were issued that lacked due process safeguards and gave unfettered powers to the security forces. Civil society groups documented arbitrary arrests, excessive use of force and allegations of torture or ill-treatment of protesters by security forces. Activists involved in the protests were also targeted including with the draconian Prevention of Terrorism Act (PTA).
The submission highlights the pattern of intensified surveillance and harassment of civil society groups. Many have been questioned by the police about their staff, donors and funding sources. The UN Special Rapporteur on the rights to freedom of peaceful assembly and of association has also highlighted practices that disproportionately impact on CSOs, particularly in north and east Sri Lanka. They include informal refusals of registration of CSOs working on issues such as disappearances, land rights, LGBTQI+ rights and transitional justice. Human rights defenders and lawyers have also faced harassment and vilification for their work and anti-terror law has been used to target political opponents and members of the minority Muslim and Tamil communities.
The submission calls on the UN Human Rights Committee to make a series of recommendations including:
- Ensure that journalists and writers can work freely and without fear of retribution for expressing critical opinions or covering topics that the government may deem sensitive.
- Ensure that the implementation of International Covenant on Civil and Political Rights Act No. 56 of 2007 (ICCPR Act) is consistent with international law and standards and ensure the law is not misused to stifle freedom of expression or criminalise critics.
- Amend the Police Ordinance regarding notification procedures in order to allow for the occurrence of spontaneous or urgent assemblies without risk of criminality or the requirement to negotiate the time, place or manner of an assembly with the authorities.
- Conduct immediate and impartial investigations into all instances of extrajudicial killing and excessive force committed by security forces during protests and bring the perpetrators to justice, including those with command responsibility.
- Take measures to foster a safe, respectful and enabling environment for civil society, including by removing legal and policy measures and practices that unwarrantedly limit freedom of association.
- Immediately revise the Prevention of Terrorism Act in consultation with civil society groups and ensure that it aligns with international law and standards.
More information
Download the Sri Lanka research brief here.
Sri Lanka is currently rated Obstructed by the CIVICUS Monitor. There are a total of 42 other countries in the world with this rating (see all). This rating is typically given to countries where the state generally allows individuals and civil society organisations to exercise their rights to peaceful assembly, freedom of speech and freedom of association, but violations of these rights also take place (see the full description of ratings)