A/HRC/44/50/Add.1
by representatives of the NGO Secretariat that, in such cases, a dialogue is established with
the NGO in question in order to resolve security concerns leading to refusal of registration,
including through the removal of members. Such a solution, however, raises concerns about
the right to freedom of association of members who have not passed the security clearance
process, especially because reasons for failure are not given and there is no appeals process.
62.
For those NGOs that are registered in a country other than Sri Lanka, or those
receiving funding from abroad, the Ministry of Foreign Affairs must also provide its
approval.
63.
He heard concerns from civil society organizations, especially in the north and east
of the country, that informal refusals of associations at the district and divisional levels are
commonplace for groups working on politically sensitive issues, such as LGBTQI+ rights,
disappearances, land rights and transitional justice. These refusals typically come in verbal
form, without any documentation, reasons or avenue for appeal. Reports state that local
officials may also refuse to accept registration forms from such organizations, or refuse to
provide registration materials in the first place. Oversight and approval of activities by
district or divisional secretaries can also create difficulties for organizations working on
corruption or governance, for example.
64.
In 2018, a bill to replace the Voluntary Social Service Organizations Act, known as
the NGO bill, was introduced with little to no consultation with civil society. The bill drew
widespread criticism from civil society owing to the presence of a number of restrictive
provisions that were not in line with international human rights norms and standards,
including the mandatory registration of organizations and a wide number of bases for the
punitive dissolution of organizations. The bill also provided new powers to the NGO
Secretariat, including the ability to freely seize any organizational document, to enter
organization offices without notice in order to conduct monitoring, and to launch
investigations into organization activities without judicial oversight.
65.
Following complaints from over 130 civil society organizations regarding the
content of the bill and the lack of a consultative process in its drafting, the Minister of
National Integration, Official Languages, Social Progress and Hindu Affairs withdrew the
bill, opting instead to permit a group of civil society organizations to create and propose a
draft instead, taking into account the various considerations and concerns of all parties. The
Special Rapporteur welcomes this decision, especially with regard to the cooperative and
consultative nature of the undertaking, and the promotion of the role of civil society in
democratic processes. However, he notes that this plan of action should have been taken
from the beginning, during the initial drafting phases of the bill. He also notes some
concerns from civil society that the initial restrictive draft of the bill could be revived, and
strongly recommends that the Government allow the civil society draft to advance as
proposed.
66.
NGOs are also required to pay tax under article 102 of the Inland Revenue Act No.
10 of 2006, which states that 3 per cent of any money received by an NGO should be
treated as profit, and should be accordingly taxed at a rate of 30 per cent (amounting to an
effective tax of approximately 1 per cent on all funding received). On 22 July 2011,
however, a new regulation was passed, freeing NGOs of tax liability if the Commissioner
General of Inland Revenue determines that they are engaged in humanitarian activities.
While this new regulation is a step in the right direction, he considers that any tax paid by
NGOs is unwarranted, given the not-for-profit nature of the organizations and the meagre
amount that any such tax actually provides to the Government, which could instead be
diverted directly towards beneficiaries.
B.
Trade unions
67.
While Sri Lanka has a long history of strong trade unions, the opening up of the
country to economic liberalization in the late 1970s led to the weakening of trade unions
over the past decades. As a result, workers, especially in the informal sector, have found it
increasingly difficult to assert their labour rights. The Special Rapporteur received many
reports that politically aligned trade unions often represented the interests of political
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