A/HRC/44/50/Add.1
27.
The country ratified the International Labour Organization (ILO) Freedom of
Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the
Right to Organise and Collective Bargaining Convention, 1949 (No. 98), in 1995 and 1972,
respectively.
28.
Sri Lanka was reviewed under the universal periodic review in 2008, 2012 and 2017.
Its next review is due to take place in November 2022. Recommendations made during its
review included the protection of civil society actors and journalists and the investigation of
human rights violations against them; the repeal of the Prevention of Terrorism Act and its
replacement with legislation that is compliant with international human rights standards; the
prevention and punishment of hate speech and incitement to violence against ethnic and
religious minorities; and the encouragement of interfaith and inter-ethnic dialogue
(A/HRC/37/17, paras. 116 and 117).
29.
Sri Lanka has a mixed legal system of Roman-Dutch civil law, English common
law, Kandyan law (applicable to Kandyan Sinhalese), Tesawalamai law (applicable to
Tamils inhabiting the Northern Province) and Muslim law, the latter three of which extend
largely only to marriage, divorce and intestate succession.
30.
The rights to freedom of peaceful assembly and of association are enshrined in
articles 14 (1) (b) and (c) of the Constitution; however, the enjoyment of these rights is
limited to citizens only. Article 15 (7) of the Constitution places limits on these rights, in
line with those mentioned in article 21 of the International Covenant on Civil and Political
Rights. Article 15 (3) of the Constitution provides for limitations relating to freedom of
peaceful assembly in the interests of racial or religious harmony, while article 15 (4)
provides for limitations in freedom of association in the interests of racial or religious
harmony, or national economy, going beyond the scope of those permitted by articles 21
and 22 of the Covenant.
31.
Article 14 (1) (d) of the Constitution provides for the right to form and join a trade
union, subject to the restrictions contained in article 15 (7). This right only applies to
citizens. In this regard, he recalls that the rights contained in the Covenant should be
granted to all persons within a State party’s jurisdiction, not simply to citizens of that
country.
32.
Under the Constitution, it is not possible to judicially review legislation with regard
to constitutionality after its enactment. There is, however, a facility for pre-enactment
judicial review of legislation by the Supreme Court under article 121 of the Constitution.
33.
Under article 126 of the Constitution, any person who believes that his or her
fundamental rights under the Constitution have been violated or are at imminent risk of
being violated as a result of any executive or administrative act may petition the Supreme
Court for relief or redress. While the article states that “any person” can avail of this
procedure, articles 14 (1) (b), (c) and (d) only apply to citizens, thus hindering the use of
this procedure by non-citizens to safeguard their rights to freedom of peaceful assembly and
of association.
III. Exercise of the right to freedom of peaceful assembly
A.
Legal framework
34.
The right to freedom of peaceful assembly is stated in article 14 (1) (b) of the
Constitution, subject to the limitations outlined above.
35.
The legal framework governing the right to freedom of peaceful assembly is
comprehensive, although spread across a number of different sets of laws and regulations,
which seem to be interchangeably enforced. This makes it difficult for organizers of
protests to be aware of all applicable laws and regulations related to the conduct of peaceful
protests, creating uncertainty and possibly serving to inhibit the exercise of the right.
36.
The right operates on the basis of a notification procedure, in line with international
best practice, rather than an authorization procedure. Under article 77 of the Police
6
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