Time for Sri Lanka to step up – join refugee, and statelessness conventions

Wednesday, 15 January 2025 00:00 - - {{hitsCtrl.values.hits}}

In recent weeks, a group of Rohingya refugees made their way to Sri Lanka, seeking sanctuary from the ongoing persecution they face in their home country. While Sri Lanka has long prided itself on being a compassionate and welcoming nation, the truth is that the country currently lacks the infrastructure and legal framework to properly process and protect refugees.

This is largely due to Sri Lanka’s decision not to sign the 1951 Refugee Convention, the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, international treaties that form the bedrock of refugee and statelessness law.

While Sri Lanka is not a signatory to these conventions, their substance is now regarded as customary international law. This means that, even in the absence of formal adherence, these norms remain binding on all states, including Sri Lanka. As a result, the Sri Lankan Government has outsourced the responsibility of managing refugees and asylum seekers to the United Nations High Commissioner for Refugees (UNHCR) since 1987. While the UNHCR has played an essential role, this arrangement leaves Sri Lanka without a robust national framework to address these pressing issues.

It is also important to recognise that Sri Lanka has long been a country that has benefited from the asylum and refugee systems of other nations. Since the 1970s, millions of Sri Lankans have fled the country due to political instability and conflict, finding refuge in countries that uphold the rights of asylum seekers. These nations, through their commitment to international conventions, offered Sri Lankans the protection they desperately needed. Now, the time has come for Sri Lanka to demonstrate that it is a responsible and compassionate member of the international community.

By signing the Refugee Convention and the Convention on the Reduction of Statelessness, Sri Lanka would gain the authority to process and handle asylum seekers directly. This would not only help reduce reliance on the UNHCR but also ensure that Sri Lanka adheres to internationally recognised standards in the treatment of refugees.

Moreover, Sri Lanka’s decision to join these conventions would send a strong message to the international community. It would demonstrate that Sri Lanka is maturing as a responsible actor in global governance, willing to shoulder its share of the burden in addressing global refugee crises. It would also reinforce Sri Lanka’s commitment to human rights, a value that the country has long championed in its own struggles for justice and peace.

Additionally, Sri Lanka has a successful history of addressing statelessness. The resolution of the long-standing issue of Malaiyaha Tamils in the Central Province demonstrates the country’s potential to resolve complex issues related to citizenship and nationality.

In the face of human displacement in the region, Sri Lanka has an opportunity to reaffirm its values of compassion, hospitality, and responsibility. Signing these conventions would mark a new chapter for Sri Lanka — one that embraces its role as a compassionate and proactive member of the global community. It is time for Sri Lanka to step up, to show that it is ready to lead by example, and to ensure that no one is left behind in the pursuit of dignity and safety.