A/HRC/44/50/Add.1
85.
Although the Prevention of Terrorism Act of Sri Lanka is undergoing a reform
process, as mentioned above, the newly proposed draft bill carries with it its own
difficulties. Article 3 (b) of the bill, for example, criminalizes wrongfully or unlawfully
compelling the Government of Sri Lanka, or any other government, or an international
organization, to do or to abstain from doing any act when committing any of the acts
referred to in article 3 (2), which include causing serious obstruction or damage to essential
services or supplies, and causing serious damage to property, including public or private
property. The broad construction of these articles leaves a wide margin to manoeuvre for
possible prosecution under the bill, especially with regard to certain acts of civil
disobedience, or trade union actions in sectors that are defined as essential services. It is
thus not difficult to consider the effect that this could have on the right to freedom of
peaceful assembly.
86.
The Special Rapporteur notes that during his visit, many interactions were
characterized by a deep-seated mistrust of the Government on the part of interlocutors. A
combination of discriminatory practices with surveillance, intimidation and overbearing
counter-terrorism legislation creates harsh divisions, which in fact themselves undermine
national security. Concerns were frequently expressed to him with regard to the
discriminatory application of counter-terrorism legislation, in circumstances where the
characterization of the offence as terrorism seemed draconian and manifestly
disproportionate. The most frequent instances heard by the Special Rapporteur were
connected with memorials for those who were killed or disappeared during the armed
conflict, and with student union protest movements.
D.
Impunity
87.
Mistrust of the Government and State institutions is exacerbated by a prevailing
climate of impunity. Although discussions regarding a transitional justice accountability
mechanism have taken place, disputes over, inter alia, the presence of international judges
on such a mechanism have paralysed the process. The end result is that few perpetrators
have ever been held accountable for atrocities committed during the armed conflict, and
faith in the national justice system has been eroded. Indeed, the Special Rapporteur was
deeply disappointed to learn that on 18 August 2019, after the completion of his visit,
Lieutenant General Shavendra Silva was appointed as the new army chief of Sri Lanka,
despite the serious allegations against him with regard to his involvement in the
commission of war crimes and other human rights abuses during the conflict. This
appointment will serve to undermine faith in the armed forces and reinforce a prevailing
climate of impunity for atrocities committed during the war.
88.
This lack of accountability is similarly mirrored in the Rathupaswala, Welikada
prison and Roshan Chanaka cases mentioned above. All three cases are characterized by
long periods of inaction by the administration of justice system, up to eight years in one
case. While some movement has been seen recently in bringing these cases to trial, such
protracted delays further undermine faith in the system and create poor perceptions of
access to justice. In a similar way, police inaction also contributes to this.
89.
It is essential that victims of human rights violations, including violations of the
rights to freedom of peaceful assembly and of association, feel supported and able to
redress these violations in a straightforward and efficient manner. Indeed, the fight against
impunity is crucial for the maintenance of a sustainable democracy, of peace and of
development.
VI. Conclusions and recommendations
A.
Conclusions
90.
While Sri Lanka has made valuable democratic strides in the last five years, a
prevailing apprehension exists among civil society, who fear there could be rollbacks
on these gains in the future. Sri Lankans fear the dismantling or undermining of
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents