Human Rights in 2016: Aspiring for

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HUMAN RIGHTS, ISSUES, POLITICS AND GOVERNANCE

RAISA WICKREMATUNGE on 12/09/2016

On January 8, 2015, President Maithripala Sirisena took office,
making ambitious promises of good governance, transparency
and openness.
It was hoped his surprise victory would change the way Sri Lanka
tackled rights issues, particularly as the country began its
transitional justice process.

Today, Sri Lankans have mixed feelings about this Government.

This is largely due to the fact that the Government, almost
inevitably, fell short of the ambitious promises made.
Post January 8, institutional reform has been slow. That has led to
the continuation of torture and police brutality. The military
continue to occupy large tracts of land. There continues to be
discrimination on lines of race, religion and gender identity.
Sri Lanka has seen improvement in the freedom of expression,
and increased space for civil society input on reconciliation and
constitutional reform. Yet, it is equally clear that it is too soon for
complacency.
December 10 marks Human Rights Day, and the theme this year
is Stand Up for Someones Rights.
In recognition of this theme, Groundviews highlighted several
rights issues that, even under yahapaalanaya, are yet to be
effectively addressed.
Torture And Police Brutality
As Groundviews has previously reported, torture is systemic and
is used by the military and police in extracting confessions, even
in 2016. A report by the Human Rights Commission of Sri Lanka
(HRCSL) in the lead up to the 59th session of the UN Committee
Against Torture (UNCAT) made for disturbing reading. There are
208 complaints as of August 2016 alone, the HRCSL said.
Police brutality also continues unchecked. Although there were
only 2 deaths in police custody recorded as of August 2016, police
brutality once again became a national conversation with the

deaths of Gajan and Sulakshan, two unarmed students from the

University of Jaffna, who were shot and killed by police. This
incident, which Groundviews also covered, shows the impunity
that prevails among the police force, with the police allegedly
involved in the incident attempting to cover it up as an accident.
The recent comments by the IGP at a press conference were
equally revealing as to the nature of police impunity, even though
he was speaking of a now-infamous phone call in which he
assured Law and Order Minister Sagala Ratnayake (as indirectly
confirmed by the Prime Minister himself) that a Nilame would
not be arrested. This incident, while it did not transpire in
violence, highlights the imbalance of power between the
politically connected and an ordinary civilian, highlighting the
need for reform.
Perhaps however there is no better indicator of continued malaise
than the inclusion of former DIG CID, Sisira Mendis as part of the
Sri Lankan delegation to UNCAT. In a report released following the
meeting, UNCAT directly asked Mendis about his role and
responsibilities, and highlighted that he had himself been
implicated in torture in the OHCR Investigation on Sri Lanka (OISL)
report. Mendis sat in silence as he was grilled by members of the
UNCAT panel. The UNCAT panel flagged the disparity between the
Human Rights Commission report (2259 reported complaints of
torture from 2012 to date) and figures provided by police just
150 complaints in the same period. Despite the large number of
complaints, only 17 cases were filed under the Committee Against
Torture Act since 2012, leading to 2 convictions.
Counter Terrorism Legislation
Closely linked to the issue of torture is national security
legislation. Sri Lanka operates under the Prevention of Terrorism
Act (PTA), which has allowed for arbitrary detention without

charge, and used to silence dissent. In response to pressure from

the international community, Sri Lanka promised to repeal the PTA
in Geneva, in October 2015.
Yet, one year later, the law is still in effect. Worse, the
draft Counter Terrorism Act (CTA), which is slated to replace it, is
deeply problematic. For one, it widens the definition of terrorism,
including everything from environmental destruction to
espionage. It could, equally, be used to silence dissent. It also
denied suspects of access to legal counsel until after their
statement was taken, and made confessions to a police officer
admissible, both of which could increase incidents of torture.
Yet, Sri Lanka simply glossed over this at the UNCAT hearings,
claiming it was in line with international standards.
In a letter to the President, members of civil society flagged the
complete absence of information from the Government about the
intended review of the PTA and added that there has been no
public consultation on the proposed new legislation.
Military occupation
The issue of military occupation of land has caused much
controversy. While civil
society and residents in the North and East have continually said
that the constant presence of the military makes them feel
uneasy, camps continue to operate in the North and East. There
was cause for celebration when Foreign Minister Mangala
Samaraweera said Sri Lanka would demilitarise by
2018. However, the military itself rebutted this claim, saying they

had no plans to remove any Army camps in the North, a

statement that has yet to be countered by the Government.
Now, the military wants to hold on to land even in Valikamam,
speaking optimistically of the civilians and military coexisting in
peace. Meanwhile, military operated hotels continue to run, with
tourists, both local and foreign, enjoying unfettered access. Yet
locals often cannot attend temples, or send their children to
school in the same areas.
In a disturbing revelation, Finance Minister Ravi Karunanayake
also told a tourism forum that the Government planned to bring
together all military run entities under one umbrella, ignoring the
complex issues of ownership and displacement that led to their
creation in the first place.
Estate workers
Before every reading of the Budget, the lives of the estate worker
community come into focus, as one of the most marginalised in
the country. This year saw the community asking for Rs. 1000 in
daily wages, with the help of local politicians.
However, after sustained campaigning, the workers only managed
to gain a Rs. 50 increase to Rs. 730, much to their frustration
and the increase is tied to productivity, meaning the workers will
have to work to the company standards. The Regional Plantation
Companies, meanwhile, say that Sri Lanka is low in terms of
productivity when compared to countries like Kenya and India.
The cost of providing for this community when compared to the
amount gained from exports makes even a Rs. 730 increase
difficult to bear, they say particularly as so many of the

community are leaving the sector and seeking alternative

employment.
A Cabinet decision on December 6 also allowed for the allotment
of 7 perches of land only to each family, and the provision of
proper housing the community has in the past called for over 20
perches to be allocated, for both housing and cultivation.
As the Cabinet itself noted, only 33,000 houses have been
constructed for the families living on estates an estimated
256,533 living on Regional Plantation Companies and 9025
families on state owned estates. The others live in line rooms or in
small temporary houses.
As such, Sri Lankas estate workers continue to be caught in a
power struggle, in which the odds are not stacked in their favour.
Muslim Personal Law And Article 16
Sri Lanka is currently in the process of reforming its constitution.
While wide public consultationhas been sought in drafting this
document, there have been persistent calls for the reform of
personal laws, in particular Muslim personal law.
Article 16 of the constitution states that existing written and
unwritten laws, such as the Muslim Marriage and Divorce Act
(MMDA), and Thesavalamai law in Jaffna, will continue in force.
As such, there is now a sustained call by civil society to repeal
Article 16. This has met with much opposition. In practice,

however, it has been found that the MMDA in its current form
poses numerous difficulties, particularly to women; raising issues
of child marriage, bureaucratic delays in maintenance payments
for divorces, and higher barriers for divorce, to name a few.
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