Corporate report Sri Lanka - Country of Concern

GOV.UKPublished 10 April 2014

Contents
1. Elections 2. Freedom of expression and assembly 3. Human rights defenders 4. Access to justice and the rule of law 5. Death penalty 6. Torture 7. Conflict and protection of civilians 8. Freedom of religion or belief 9. Women's rights 10.Minority rights 11.Children's rights 12.LGBT rights 13.Give your comments and questions about the report

The human rights situation in Sri Lanka was of serious concern in 2013. Although progress continued on post-conflict issues, such as re- uilding of infrastructure, and elections took place for the first time in the north of the countr!, the o"erall trend was negati"e in #A$% respects. est against &ournalists continued, and Sri Lanka fell in independent indices 'n (ress )reedom and *omen+s rights. The impeachment of the ,hief &ustice e-acer ated concerns a out a ,ulture of impunit!, and the e-tent to which the independence of some .nstitutions had een eroded. The /$ 0igh ,ommissioner for 0uman 1ights, $a"i (illa!, "isited Sri Lanka in August and, while recogni2ing much (rogress, 0uman rights "iolations continued and Signs noted that the 3o"ernment was heading in an 4increasingl! authoritarian direction4.

.n $o"em er 2013, Sri Lanka 0osted the ,ommonwealth 0eads of

3o"ernment #eeting 5,0'3#6, which was attended ! the (rime #inister, the )oreign Secretar!, and #inister for Sri Lanka, 0ugo Swire. during his "isit, the (rime #inister said that the /7 would use its position in the /$ 0uman 1ights ,ouncil 5/$01,6 to support the call ! $a"i (illa! to esta lish an independent international in"estigation into allegations of "iolations and a uses of international humanitarian and human rights law during the militar! conflict, if Sri Lanka failed to set up a credi le, transparent and independent domestic process ! #arch 2018. The (rime #inister ecame the first foreign head of go"ernment to "isit the $orthern (ro"ince since Sri Lanka+s independence in 198:. 0e was accompanied to &affna ! media organisations such as ;;,, .T<, Sk! and channel 8, which ,ontri uted to increased scrutin! during ,0'3# 'n 'n 0uman rights and the Lack of Accounta ilit! (rogress made in Sri Lanka. Swire The )oreign Secretar! and #r. #et a *ide 1ange of Actors Sri Lankan ,i"il societ! and 0uman rights defenders 501=s6.

The /7 sees a hot Accounta ilit! for *ar crimes alleged, respect for 0uman rights, and >ssential elements of (ost-conflict 1econciliation As a political settlement. Sri Lanka will e considered ! the /$01, in #arch 2018, where will *e urge #em ers to support our ,all for ,ouncil an .nternational .n"estigation, if Sri Lanka does not esta lish a credi le domestic process. The /7 will ,ontinue to urge the 3o"ernment of Sri Lanka to Address Serious 0uman rights issues, and *ork with 3o"ernment and ,i"il societ! to impro"e )reedom of e-pression, *omen+s rights, electoral processes, and the 1ule of Law. emphasised to the Sri Lankan 3o"ernment that *e ha"e the 01=s, &ournalists and #em ers of the pu lic, whom #et during ,0'3# #inisters, should not face an! reprisals, and will ,ontinue to closel! monitor this Situation.

>lections
'n 21 Septem er >lections were held to elect 18: #em ers to $ine Three of the (ro"incial ,ouncils. This was the )irst (ro"incial ,ouncil election held since the 19:? esta lishment of (ro"incial ,ouncils in the $orth. 'pposition Tamil $ational Alliance 5T$A6 won o"er :0@ of the "ote in the north, while the ruling /nited (eople+s )reedom Alliance retained control of the ,entral and $orth*estern (ro"incial ,ouncils.

Although there were incidents of <iolence and "iolations of electoral Law in the 1un-up to the election, including intimidation, harassment, and a use of State 1>S'/1,>S, =ata A (olling =a! itself was generall! (eaceful. Local election ' ser"ers noted that elections were 4relati"el! free )rom <iolence , )rom Though not intimidation 4. ,ommonwealth >lection ' ser"ers ,oncern e-pressed o"er reports of #ilitar! in"ol"ement in the intimidation of the electorate in the $orth. The /7 welcomed the holding of elections and election monitoring helped to fund.

#et the northern &affna ,hief #inister in the (rime #inister during his "isit ,0'3#. 0e welcomed the Sri Lankan 3o"ernment+s decision to 0old elections in the $orth and urged the 3o"ernment to agree to a meaningful political settlement with Tamils All .nsurances.

)reedom of e-pression and assem l!

,ontinue to e restricted )reedom of e-pression and assem l!, and selfcensorship is ,ommon. There were a num er of incidents of ,oncern. A senior &ournalist ,olom o-;ased Threats and death left the countr! in Septem er following an Attack 'n her home. .n )e ruar!, 'n a ;;, ,rew reporting 1all! was a ;uddhist e-tremists threatened ! a #o . 'n 2B #arch, the ;;, C rD Ser"ice suspended .ts retransmission of roadcasts ! the Sri Lankan Tamil Language ;roadcasting ,orporation, citing 4targeted interference4 in Tamil programming. The ser"ice has not since resumed.

=ifficult Situation for the media remained in the $orth, As *hen he saw the (rime #inister "isited the &affna-;ased /tha!an $ewspaper. A &ournalist Assaulted ! an uniden, was /tha!an )rom the 3roup 'n 10 &ul!, while Tamil $ewspaper Staff were attacked 'n Three separate deli"er! 'ccasions in earl! 2013. /tha!an suffered an arson of the Sinhala and Tamil $ew %ear Attack 'n the ><>. #an! northern 1eported harassment &ournalists. The Sri Lankan authorities ha"e so far failed to successfull! prosecute those 1esponsi le for the attacks.

There was a failed attempt to a duct the editor of an anti-go"ernment newspaper on 30 #a!, and an anti-go"ernment #uslim politician was detained for a short period o"er press comments he made in .ndia.

Acti"ists, including 0uman 1ights *atch and the ,ommittee to (rotect &ournalists, raised concerns o"er media (lans to introduce a code of >thics, which would ha"e restricted )reedom to report, including issues affecting 'n

the 4i2ar4 of Sri Lanka. The #edia #inister said that the code - which has not een formall! introduced - would not ecome Law, ut remained unclear ramifications of non-compliance. 'n The /7 raised concerns o"er media attacks .nstitutions and Threats to )reedom of e-pression with Sri Lankan authorities, As well As during the adoption of Sri Lanka+s /ni"ersal (eriodic 1e"iew 5/(16.

'n )reedom of assem l! there were also a num er of incidents. 'n E #arch, (olice pre"ented )rom 0undreds of famil! #em ers of disappeared persons tra"eling to ,olom o to hand o"er a petition to the /$. .n April, a religiousl!moti"ated (eaceful <igil against 0ate ,ampaigns was dispersed ! the (olice, and se"eral acti"ists were detained Temporaril!. .n August, #ilitar! crackdown 'n Three ci"ilians were killed As a result of a protest in a disma!. The /7 Serious ,oncern raised at these killings, and ,alled for an .n"estigation. 'n 13 no"em er, #em ers of the famil! were disappeared ! Securit! forces pre"ented Again )rom tra"eling to ,olom o to attend a )esti"al 0uman rights. 'n 18 $o"em er The )esti"al was attacked, allegedl! ! (1'3o"ernment protestors. The (olice o tained a court order pre"enting protests and processions in colom o 'n 1E and 1B $o"em er, resulting in the cancellation of a 1'S>0.LL 01=s ! <igil. (art of Team in Sri Lanka during the ;ritish ,hannel 8 decided to cut short ,0'3# Their "isit, citing >-tensi"e intimidation and sur"eillance.

'n 10 =ecem er, a 0uman 1ights =a! demonstration ! families of the disappeared in the eastern town of Trincomalee was attacked ! unidentified masked men.

0uman rights defenders

=ifficult 'perating en"ironment for the 01=s in Sri Lanka remained. 01=s continued to face pu lic ,riticism )rom (rominent #em ers of the 3o"ernment and to e portra!ed As 4traitors4, ! State-1un media. acti"ists were intimidated including carr!ing out *hen recei"ing death Threats Their *ork . Two ,i"il societ! were harassed for Actors and Their *ork around during ,0'3# $a"i (illa!+s "isit. Threats 'ne 1emains in perple-it! after recei"ing death.

The )oreign Secretar! and #r Swire met a wide range of Sri Lankan ci"il societ! actors and 01=s, including media acti"ists, families of the disappeared, those working on torture pre"ention, and women+s rights acti"ists.

There was no (rogress in in"estigations into past incidents which includeF the 200: grenade Attack 'n the residence of the former >-ecuti"e =irector of Transparenc! .nternationalG the 2009 killing of &ournalist Lasantha *ickrematungaG Shantha 7umar and Stephen SunthararaH the disappearance of 01=sG the 2010 disappearance of cartoonist (rageeth >kneligodaG campaigners and the 2011 disappearance of Lalith 7umar and 7ugan #urugan in &affna *eeraraH.

,oncern e-pressed a out restrictions increase '(>1AT.'$S 'n Their $3's in the countr!. Amnest! .nternational accused Sri Lanka of intensif!ing crackdown 'n .ts dissent. .n Septem er, $a"i (illa! noted that she had 40eard ,omplaints a out the continuing high le"els of harassment and intimidation metered out to 01=s , law!ers and Hournalists 4in Sri Lanka.

Access to Hustice and the rule of law

.n &anuar!, the dismissal of ,hief &ustice Shirani ;andarana!ake the Sri Lankan (resident Agreed. The Sri Lankan Supreme ,ourt ruled that the impeachment was unconstitutional, including the .nternational ,ommission of &urists and .nternational Actors, the /$, and the .nternational ;ar Association raised concerns a out the process. .n )e ruar!, the .nternational ,risis 3roup e-pressed concerns that the Hudiciar! and political dissent 'n the attacks had 4accelerated effects Sri Lanka+s authoritarian Turn4. $a"i (illa! echoed concerns that Sri Lanka was ecoming 4increasingl! authoritarian4, and noting 4disIuiet ... a out the degree to which the 1ule of Law and democratic .nstitutions was eing undermined and eroded 4. The .nternational ;ar Association+s 0uman 1ights .nstitute (lanned to "isit Sri Lanka to in"estigate the impeachment, ut was denied <isas. The #inister for Sri Lanka at that Time, Alistair ;urt, said that 4such actions do not inspire confidence in the claims that the process would stand up to further scrutin!4.

The Sri Lankan (ermanent 1epresentati"e told the /$01, in #a! that a ,entralised, una le =ata ase of detainees had een esta lished ! the Terrorism .n"estigation =i"ision, and that in"estigations were completed 'n 1B2: cases. )amilies of detainees maintained that the =ata ase was not freel! accessi le.

.n August, the Sri Lankan 3o"ernment announced )rom the Transfer of the #inistr! of =efence (olice o"ersight to a new #inistr! of Law and 'rder - a step Step Lessons Learnt and 1econciliation which had een recommended ! the ,ommission 5LL1,6 report. ;oth #inistries )all under the Hurisdiction of

the (resident.

.n August, the Sri Lankan 3o"ernment also =isappearances 'n Appointed a ,ommission of .nIuir!, to in"estigate disappearances in the $orth and >ast )rom 19902009. $a"i (illa! noted that 4an! new effort to resol"e these cases is *elcome, ut unfortunatel! ... the #A$% +*hite <an+ disappearances 1eported in 'T0>1 Areas will not ... )all *ithin .ts Scope 4. during ,0'3#, with #r. #et some Swire Their )amilies of the disappeared to hear concerns. >/ 0eads of #issions in ,olom o encouraged the 3o"ernment to e-tend further in"itations to facilitate outstanding "isit reIuests ! other /$ special mandate holders, including the *orking 3roup on >nforced or .n"oluntar! =isappearances.

(rogress was made with some in"estigations into the 200B murder of )i"e Students 1e-opened in Trincomalee *hen was the case, and Twel"e arrested (olice Special Task )orce (ersonnel. 0owe"er, All Twel"e (ersonnel 'n ail were released in 'cto er. The case of murdered ;ritish citi2en 7huram Shaikh was raised ! the (rime #inister during his "isit, ut did not come to trial in the !ear.

=eath penalt!
Sri Lanka has maintained a de facto moratorium on the death penalt! since 19?B. The Sri Lankan go"ernment appointed a committee to look into the possi ilit! of commuting to life sentences the death sentences of 828 inmates.

Torture
Allegations of torture in police custod! persist and, despite inclusion in the 2011 $ational Action (lan, no legislation has een introduced to address this.

=uring 2013, ,i"il societ! ,oncern e-pressed a out which deaths in (olice gist ',,/11>=. ,i"il societ! organi2ation, The )rida! )orum, noted that there had een no disciplinar! actions initiated against (olice 'fficers in cases where suspects - particularl! in cases where the (olice had een murdered had died under m!sterious circumstances.

.n =ecem er, the $ational 0uman 1ights ,ommission announced that it was postponing the planned inIuir! into torture that was to e set up with assistance from the ,ommonwealth Secretariat.

,onflict and protection of ci"ilians

'n the Sri Lankan 3o"ernment continued to *ork (ost-conflict 1econstruction, 1eturns of .nternall! =isplaced persons 5.=(s6 and de-mining, ut significant challenges remained. There was continued )ocus 'n Accounta ilit! for .nternational *ar crimes alleged to ha"e een committed ! oth the Sri Lankan 3o"ernment and the Tamil Tigers. The (rime #inister said that the /7 would use to support the ,all .ts (osition in the /$01, to esta lish an independent .nternational .n"estigation ! $a"i (illa!, if Sri Lanka

failed to properl! egin a credi le, transparent and independent domestic process ! #arch 2018.

$a"i (illa! acknowledged (rogress 'n resettlement of .=(s and (h!sical 1econstruction, and noted that she would not ring Alone (h!sical 1econstruction 1econciliation, dignit! or lasting peace. She ,oncern e-pressed a out a num er of Areas, including Accounta ilit!, militarisation and *omen+s Securit!.

The /$ Special 1apporteur 'n 0uman 1ights of .=(s "isited Sri Lanka in 'cto er. 0e noted the countr!+s 4impressi"e Strides in re uilding infrastructure4. 0e also noted the .mportance of creating an en"ironment to allow resettled and remaining .=(s to e-ercise propert! rights, to 1ecei"e information 'n missing famil! #em ers Legal ser"ices and access. A #ilitar! court of inIuir! to in"estigate allegations against the #ilitar! Appointed Their conduct during the *ar o"er 1eported in &anuar!. The summar! said that the arm! took e"er! precaution to a"oid ci"ilian casualties, ut recommended that #ilitar! '(>1AT.'$S e 1e-e"aluated to minimi2e or eliminate ,ollateral =amage in )uture. The )inal report was not made pu lic. Assured Sri Lanka in #a! that the >/ (arliament was in"estigating the su stance of .T ,hannel 8 <ideo footage alleging crimes *ar, ha"ing eases 1eser"ations a out authenticit!. There has, howe"er, een no su stantial in"estigation.

.n addition to the go"ernment appointment of a ,ommission of .nIuir! on =isappearances, the go"ernment also undertook a census to 4estimate casualt! figures and damage to propert!4.

.ssue Tuluttut remained a land conflict in the former Jone. The 3o"ernment said that large Areas of land held ! the Securit! forces were remo"ed Securit! 2ones and 1eturned )rom high to ci"ilian acti"it!. The opposition T$A, 0owe"er, there were also alleged that 4clandestine, ar itrar! 4take-o"ers of land, purportedl! for de"elopment acti"ities ! the militar!.

)reedom of religion or elief

>st against #uslims and ,hristians continued. )rom &anuar! to &ul!, against a Local $3' documented 22? incidents against #uslims and B0 ,hristians. est includitur reports of <iolence, "andalism, harassment, 0ate speech, and Sei2ure of propert!. Statements ;uddhist $ationalist 3roups )uelled ! ,oncern , with the ;odu ;ala Sena, for >-ample, sa!ing in )e ruar! that the Sri Lankan 3o"ernment 4must remain Sinhala ;uddhist. This is a Sinhala countr!, Sinhala 3o"ernment. =emocratic and pluralistic "alues are killing the Sinhala 1ace 4. An Attack 'n ,olom o+s 3randpass (olice #osIue 'n 11 August resulted in a Two-night curfew. The /7 urged the Sri Lankan 3o"ernment to take action to (romote the (eaceful co-e-istence of religions, and to in"estigate and prosecute those 1esponsi le attacks. The >/ heads of #ission in ,olom o released a statement e-pressing Their ,oncern at the Attack, and urging the authorities to prosecute those 1esponsi le. Lack of .n"estigation into concerns a out attacks persist.

.n her Septem er update to the /$01,, $a"i (illa! noted regret that Sri Lankan 4go"ernment interlocutors downpla!ed this issue or e"en put the lame

on minorit! communities themsel"es4, and noted reports of 4state patronage or protection gi"en to e-tremist groups4.

*omen+s rights
.n 2013, fell to EE in the Sri Lanka >conomic )orum 3lo al 3ender 3ap .ndeC rD, )rom .ts 2012 1A$7.$3 of 39. )emale participation in 3o"ernment remained low, with onl! 13 )>#AL> parliamentarians 5E@ of the Total6. 1eports of gender-;ased <iolence, including rape, continued to e of Serious ,oncern. A sur"e! suggested the (olice 3eneral pu lic perception is increasingl! ,oncerned a out this .ssue.

*omen+s rights in the $orth and >ast of the countr! also remained a ,oncern. .ssues )acing the o"er :9,000 *ar widows remain, including reports of se-ual <iolence and rape ! #ilitar! forces ;ased around those Areas. .n con"ersations with the Sri Lankan 3o"ernment *e raised concerns a out these reports.

'ur 0igh ,ommission in ,olom o issued statements 'n .nternational *omen+s =a! and the .nternational =a! for the >limination of <iolence against *omen. The /7 funded organi2ation working with a Local <ictims of domestic <iolence and raising awareness in the pu lic and 3o"ernment.

,0'3# for during his "isit, the )oreign Secretar! deli"ered a speech 'n his pre"enting Se-ual <iolence .nitiati"e. 0e ,alled 'n the 3o"ernment of Sri

Lanka to ,arr! out credi le and independent in"estigations into allegations of se-ual <iolence, <ictims to pro"ide greater support, and strong witness (ass protection legislation. 0e also noted that the /7 would like to see Sri Lanka Hoin the .nternational campaign to end se-ual <iolence glo all!.

#inorit! rights
The 3o"ernment has not made proposals for a political settlement with the Tamil ,ommunit! All .nsurances, eases LL1, 1ecommendations to this effect. =iscussions etween T$A and the Sri Lankan 3o"ernment 'n All .nsurances concerns remained stalled. A (arliamentar! Select ,ommittee formed to suggest possi le changes to the 13th Amendment 1epresentation pro"incial councils created that has no opposition. The /7 urged the 3o"ernment to *ork with the T$A to maintain good-)aith negotiations that would ena le a meaningful political solution to #inorities.

,i"il societ! and the T$A ha"e e-pressed concerns a out 4Sinhala ,olonisation,4 of predominantl! Tamil and #uslim Areas in the $orth and >ast. Allegations include the change of names (lace )rom Tamil to Sinhala, ,onstruction of ;uddhist Temples, and discrimination in fa"or of Southern ,onstructors , contractors and usinesses.

(olice announced that the! hoped to ha"e the Sri Lankan Sinhala and Tamil Language-speaking *ithin )i"e !ears 'fficers in (olice stations around the countr!. The /7 of Supported a proHect to (romote ,ommunit! policing and

pro"ide training for the Sri Lankan Tamil Language (olice.

,hildren+s rights
Sri Lanka is a part! to the ,on"ention on the 1ights of the ,hild, and has made significant progress towards achie"ing #illennium =e"elopment 3oals related to child mortalit!, maternal health and 0.< K A.=S.

>-ploitation including .ncest and se-ual a use remained a pro lem. $3's o ser"ed an increase in ,hild se-ual a use during 2013, and continued in some underage #arriage ,ommunities. 1egular There were reports of ,hildren against se-ual a use ! teachers, principals, and religious teachers, As well As ,hild rape cases in"ol"ing a growing num er of politicians. The /$ ,hildren+s )und 5/$.,>)6 said mechanisms to ensure that &ustice for ,hildren, and pre"ention of se-ual a use and <iolence against ,hildren needed to e strengthened.

L3;T rights
1emains homose-ualit! illegal under the Sri Lankan Law. The ;ritish 0igh ,ommission in ,olom o marked .nternational =a! Against 0omopho ia in #a! with a presentation of a 3round eIual to )ranca, a non-profit organi2ation seeking rights for the L3;T ,ommunit!. The 0igh ,ommission of Supported

also L3;T rights acti"ities ! raising concerns o"er harassment.

(art of this pu lication is the 2013 Human Rights and Dem !"a!# Re$ "t .