Fostering human rights

Sri Lanka is in the midst of the worst economic crisis in its post-independence history. It has defaulted on its sovereign debt, making the rupee worthless in the international currency markets. Corruption is rampant and mismanagement endemic. President Ranil Wickremesinghe who does not have a popular mandate, was elected by Parliament to the highest office in order to deliver stability and economic recovery. Even his worst foes would wish he succeeds for the sake of the country.

In order for the economy to recover, Sri Lanka would need all the international support it can get. One would reasonably assume that the Government would be forced on making the necessary conditions for such bilateral and multilateral economic assistance. Entering the second month into this administration, it seems as if the Wickremesinghe Government is intentionally doing the opposite.

At such a sensitive time when the world’s attention is on Sri Lanka, the use of the draconian anti-terror laws against protesters is beyond reasonable explanation. It is now clear that the new administration has launched a concerted crackdown on all forms of civil disobedience and protests using the flimsiest shreds of the law against those who are expressing their displeasure over the current state of affairs.

Civil disobedience involving the premeditated breaking of a domestic law for reasons of conscience is not a criminal act. These could in times such as these be effective ways to raise awareness, express social or political dissent or to bring about change. Amnesty International notes that such acts of civil disobedience can include a range of activities such as rallies, demonstrations, media stunts, sit-ins and other tactics that may break a domestic law with the intention of bringing about change using methods of disruption through direct and non-violent means.

The Sri Lankan State rather than responding to such acts of civil disobedience in a calm and democratic way has weaponised the law to intimidate and silence the people. Individuals are being arrested on near commercial allegations and some are being detained using the PTA. The PTA allows for prolonged detention on mere suspicion without any burden of proof. Individuals who ‘cause or intend to cause commission of acts of violence or religious, racial or communal disharmony or feelings of ill-will or hostility between different communities or racial or religious groups’ can be held for two years at the discretion of the Minister of Defence. After that the individual can be held indefinitely on detention orders by a magistrate. The PTA has drawn severe criticism both locally and internationally. While the local criticism has been mostly ignored, the Wickremesinghe administration should surely understand international concerns and their consequences. In June 2021 the European Parliament adopted a resolution on the PTA that could have a significant impact on the GSP Plus preferential trade concession to Sri Lanka which comes into renewal this year. The resolution was adopted with a whopping 628 votes in favour in the 705-member legislative assembly and called on the European Commission to consider a temporary withdrawal of the GSP+ scheme which grants preferential access to over 7,000 export items from Sri Lanka.

As Sri Lanka will once again be a subject of discussion at the UN Human Rights Council commencing its 51st session next week, the issue of the Government using the PTA against protesters is bound to come up. It is baffling that the administration has intentionally weakened its own position by demonstrating its abhorrence towards human rights as it attempts to keep off international accountability mechanisms from being further extended through a resolution at the next session. The HRC resolution that is expected to call on Sri Lanka to adhere to its commitments in safeguarding the human rights of its own people will no doubt have an impact on concessional trade and financial assistance, both desperately needed for the economic recovery. 

Protecting and fostering human rights of its own citizens is in fact a good, smart and popular policy for any Government. If the Wickremesinghe administration is unable to comprehend that reality at least it should fathom the international ramifications of not doing so.