Human Rights and Democracy 2012--Sri Lanka
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The human rights situation in Sri Lanka in 2012 remained of serious concern, with a number of negative developments, including with regard to freedom of expression and media and judicial independence. Further progress was made on reintegration of ex-combatants and resettlement of internally displaced persons (IDPs). There continued to be reports of further abductions and disappearances, although the number reduced from spring 2012 onwards compared to 2011 levels. There were a number of reported instances of intimidation of human rights defenders, including those attending the March Human Rights Council (HRC), members of the legal profession and the media.
The UK focused on helping Sri Lanka to address human rights challenges, including those resulting from the 30-year conflict. In January, Minister Alistair Burt issued a written ministerial statement on the 2011 Lessons Learnt and Reconciliation Commission (LLRC) report, urging implementation of the recommendations and calling for a credible, independent investigation into alleged violations of international humanitarian law. In March, the UK co-sponsored an HRC resolution calling for implementation of LLRC recommendations and further action on reconciliation and alleged violations of international law. The Prime Minister reiterated the importance of accountability and reconciliation in a meeting with the Sri Lankan President in May. The UK also participated in Sri Lanka’s Universal Periodic Review in November. During 2012, British High Commission staff visited all nine Sri Lankan provinces to ensure an understanding of the situation on the ground across the country. The UK also funded several projects addressing issues such as language rights, women’s rights and police reform.
A key focus in 2013 will be follow-up to the 2012 HRC Resolution on Sri Lanka, including implementation of the LLRC recommendations. Universal Periodic Review follow-up will also be important. We will do all we can to encourage Sri Lanka to demonstrate adherence to Commonwealth values of human rights, democracy and the rule of law, particularly ahead of Sri Lanka’s hosting of the Commonwealth Heads of Government Meeting in November.
Access to justice and the rule of law
Rule of law issues in Sri Lanka came under the spotlight in 2012. Challenges included political interference in law enforcement, intimidation of legal professionals and access to justice. Long-term detention without charge persists under the Prevention of Terrorism Act (PTA). Justice can be slow, with cases taking months or even years to come to trial. Of particular concern is the case of British citizen Khuram Shaikh, who was murdered on 25 December 2011. The suspects in this case were not brought to trial in 2012, despite early arrests and clear evidence.
In October, the Secretary of the Judicial Service Commission was hospitalised following an attack by unidentified armed men in broad daylight in outer Colombo. He had previously been criticised in the state-owned media for, among other things, issuing a statement alleging attempts to interfere with the independence of the judiciary. Together with EU partners, our High Commission in Colombo raised serious concerns with the Sri Lankan authorities and pressed for an investigation into the incident.
A riot at Colombo’s Welikada Prison on 9 November resulted in the death of 27 inmates. Some media and opposition members alleged that 11 of the dead inmates were individually executed several hours after the situation had been brought under control. Domestic investigations are under way.
The government also announced moves to impeach the Chief Justice, accusing her of corruption and other misdeeds. The impeachment process followed a number of Supreme Court rulings against the government.
On 15 November, the UN Special Rapporteur on Independence of Judges and Lawyers released a statement criticising the impeachment, stating that “The misuse of disciplinary proceedings as a reprisals mechanism against independent judges is unacceptable.” The Commonwealth Secretary-General also expressed concern at the impeachment process.
Death penalty
