Poor record on human rights

The UN High Commissioner for Human Rights once again raised grave concerns about the rights situation in the country. “While the Government has taken important steps to stabilise the economy, I am concerned by the introduction of new or proposed laws with potentially far-reaching impact on fundamental rights and freedoms, the rule of law and democratic governance,” he said.

The oral update on the situation in Sri Lanka was presented by the High Commissioner for Human Rights at the 55th regular session of the Human Rights Council in Geneva which commenced last week. Notable among the concerns of the highest global human rights body were the recent instruction of the Online Safety Act, the Anti-Terrorism Bill, the Electronic Media Broadcasting Authority Bill, and the NGO Supervision and Registration Bill, “which variously strengthen the executive, grant broad powers to the security forces, and severely restrict rights to freedom of assembly, association and expression, impacting not only on civic space but the business environment.”

The report is a damning indictment on the Minister of Public Security and the recently appointed Inspector General of Police. Minister Tiran Alles recently proclaimed that he doesn’t give a hoot (thutuwakata gananganne neha) what the UN or any other human rights agency says about his latest “Yukthiya” operation to counter narcotics. Alles, a National List Member of Parliament who has no mandate from the people stated that “recent concerns expressed by the UN High Commissioner for Human Rights is on the behest of a few lawyers and NGOs who had reported numerous violations of due process, excessive use of force, arbitrary detention, torture and even killings during the much-touted Yukthiya operations,” adding that those who criticise the Yukthiya operation are connected to drug traffickers and financial beneficiaries of drug barons. The Supreme Court recently found Tennekoon in violation of fundamental rights, including protection against torture.

“I remain deeply concerned about recurring, credible accounts received by my Office of abductions, unlawful detention and torture, including sexual violence, by the Sri Lankan police and security forces, some of which allegedly took place in 2023, mainly in the north and east of the country. Last week, the appointment of a new Inspector General of Police was confirmed, despite the Supreme Court’s finding that he was responsible for torture of an individual in 2010. These cases highlight the need for comprehensive security sector reform,” said the UN High Commissioner’s report.

The fact that outstanding human rights issues, including those that are currently being created by the present administration are not going away just because the likes of Alles hurtle insults at the UN and other human rights agencies and activists. The danger, as constantly pointed out in these columns, is that when the domestic mechanisms and individuals are considered not credible and exhausted, then international mechanisms kick in for justice. This is once again demonstrated by the High Commissioner requesting other countries to invoke universal jurisdiction against human rights violations in Sri Lanka. 

“I urge the Government immediately to reverse this trend and undertake credible accountability measures to investigate and prosecute past and present human rights violations and economic crimes. I also urge Member States to continue to reinforce these efforts, including through appropriate use of universal and extra-territorial jurisdiction and targeted measures against credibly alleged perpetrators of serious human rights violations and abuses.” Tiran Alles and his likes by publicly proclaiming that they ‘do not give a hoot’ about the UN and others, only makes the path towards universal jurisdiction even easier.