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Latest update: 30 September 2012
The human rights picture in the last three months has been mixed. Sri Lanka published an Action Plan on implementing recommendations of the post-war Lessons Learnt and Reconciliation Commission (LLRC) in July. The Action Plan detailed action including on International Humanitarian Law and Human Rights and identified 6 – 36 month time frames for implementation. President Mahinda Rajapaksa told the Sri Lankan press that over 50% of the LLRC recommendations had already been implemented. The Tamil National Alliance (TNA) claimed that the Action Plan was “another time-buying exercise” for international consumption.
A team of technical experts from the Office of the High Commissioner for Human Rights (OHCHR) visited Sri Lanka from September 14 to 21. The visit may be followed-up with a visit by the High Commissioner for Human Rights, whose invitation from the government of Sri Lanka was re-extended in June. Outstanding requests for visits from Special Procedures of the Human Rights Council have yet to be accepted by the Government of Sri Lanka.
Elections for the eastern, north central and south western provincial councils were held on 8 September. The governing United Peoples’ Freedom Alliance were elected as the largest party in all three provinces. Elections were generally peaceful, although there were 105 reports of election related violence and intimidation. Local observers PAFFREL said that despite some improvements, the elections did not meet criteria for a free and fair poll. Although the police were successful in controlling some unlawful campaign activities, they were unable to fulfil their duties “in the face of state power”. Observers applauded the Elections Commissioner who, despite limited powers, “was seen …to provide the most level playing field possible at the elections.”
Reports in July indicated an increase in the involvement of local level politicians in crimes. Quoting sources from the police headquarters they stated that legal action had been initiated against 42 politicians for their involvement in crimes.
The Asian Human Rights Commission reported 7 incidents of torture during the last three months including one death and a critical injury. A joint military and police operation to rescue three prison officials taken hostage by protesting ex-LTTE and Prevention of Terrorism Act (PTA) prisoners in June resulted in serious injuries to three prisoners. Two of the injured died in July and August and a third remained in a coma in September. Civil society and Tamil political parties allege excessive use of force. UK based NGOs Freedom From Torture and Human Rights Watch in recently released reports have alleged ill treatment of Tamils returning to Sri Lanka from the UK. All asylum cases are looked at on their individual merits but judicial decisions in the UK courts have not upheld the view that Tamils are, per se, at risk of ill treatment on return from the UK.
Incidents of reported adductions / enforced disappearances reduced during the reporting period, but no conclusive investigations into past incidents took place. Local civil society and family members of those disappeared between the 1980s and 2009 from across the country held an event in the Northern Province to commemorate the International day against disappearances on 30 August and called for justice and accountability.
In July, police closed the offices of two pro-opposition websites, confiscated computers and documents and arrested nine workers who were subsequently released. There was an alleged attempt to abduct a journalist from the Lanka-e-news website. Two regional newspaper reporters from the north said they had received death threats for their reporting of a controversial protest in the region. Media alleged that the Sri Lankan Defence Secretary threatened the editor of a Sunday newspaper during a telephone interview. The government announced in July the imposition of a registration fee for all news casting websites. This was reduced, but not removed, after local and international press freedom organisations condemned the fee.
On 24 September, the final 1,179 Internally Displaced Persons (IDPs) were moved out of the Menik Farm IDP camp in Northern Sri Lanka. The UN Humanitarian Co-ordinator welcomed the closure while expressing specific concern for 110 families who are unable to return to their homes, which are occupied by the military. Aid agencies have welcomed the progress in demining which has allowed a number of IDPs to return to their land. They have also raised concerns that some IDPs may have been moved against their will or on false premises to third locations with even fewer basic facilities.
In September, the Judicial Service Commission (JSC) – the legal oversight body – made a public statement that the Commission was subject to threats and intimidation by persons holding political office. The statement also alleged that various influences had been used on the JSC regarding its decisions. On 23 September the Sri Lankan Bar Association passed two resolutions in support of the JSC.
