Sri Lanka's Human Rights Progress Amidst Financial and Political Challenges

The 42nd Session of the Universal Periodic Review

Review of Sri Lanka - Fourth Cycle

1st February 2023

By Frizia Rounak /GICJ

Executive Summary 

On the 1st of February 2023, the 42nd session of the Universal Periodic Review (UPR) of the United Nations took place, concerning the fourth cycle of the UPR for Sri Lanka. The country under review submitted its report on the 30th of December 2022, incorporating recommendations made by Special Rapporteurs, treaty body experts, civil society organisations, and the Human Rights Council. These reports presented a wide range of reforms and improvements in the human rights situation in Sri Lanka.

During the ensuing discussions, participating delegations highlighted a number of problems, which Sri Lanka attempted to address in their responses. The key issues discussed were reconciliation and cooperation efforts by Sri Lanka, the fulfilment of political, economic, and social rights, notably,  the improvement of the rights of women and minority groups, and outstanding treaty ratifications. While Sri Lanka has shown progress in several spheres of human rights development, including the rights of women and children, the economic and political situation of the country still demands reforms, especially since the beginning of the economic crisis in 2019. 

​​Geneva International Center for Justice (GICJ) urges Sri Lanka to take all essential measures to strengthen the country's human rights condition. We urge Sri Lanka to take strong actions to improve human rights by ratifying UN treaties, promoting reconciliation, integrating international laws and standards into domestic laws, and abolishing  the death penalty to protect citizens' constitutional rights. 

Background 

The UPR process was established in 2006 through Resolution 60/251, in order to assess the progress made by nations in fulfilling their legal obligations under international law. Each cycle, with the current one being the fourth and continuing until 2027, reviews UN member states. Sri Lanka has undergone four periodic reviews; the first in May 2008; the second in November 2012; the third in November 2017; and the current UPR in February 2023. The Working Group of the UPR, composed of Human Rights Council member states, had the opportunity to evaluate the human rights record of the country concerned and suggest improvements.

In accordance with Human Rights Council resolutions 5/1 and 16/21 and based on the results of the comprehensive feedback, Sri Lanka submitted its country report for the fourth cycle of the UPR in December 2022. They acknowledged their human rights progress within the country and recognised the suggestions made in previous cycles. The Minister of Foreign Affairs of Sri Lanka, Mr. Ali Sabry also acknowledged the cooperative efforts of the troika consisting of Algeria, Qatar, and the United Kingdom.

Sri Lanka presented a report that summarised the progress made to improve the human rights situation throughout the country, considering the previous recommendations made by Special Rapporteurs, treaty body experts, the Human Rights Council, and civil society organisations. The report is also drafted taking into account the compilation of  UN information and the summary of stakeholder information –  both prepared by the OHCHR.

Concerns were raised regarding the country's cooperation with international human rights mechanisms and bodies, the national human rights framework, as well as its counter-terrorism policies, political, social, and civil rights, and the rights of minorities. Attention was also given to the rights of vulnerable groups, such as children, women, persons with disabilities, indigenous people, migrants, and displaced persons.

Presentation by Sri Lanka

The Minister of Foreign Affairs and the head of the Sri Lanka delegation, Mr. Ali Sabry,  presented Sri Lanka’s report through a pre-recorded video statement. Here he emphasised that although the country's top priority is to attain economic stability, the government is unwavering in its commitment to the UPR process for the advancement of human rights. Minister Sabry highlighted that Sri Lanka's National Report embodies the achievements made in the last four and a half years and the obstacles encountered while implementing the recommendations from the previous cycle. He pointed out that human rights are enshrined in the nation's Constitution and are enforceable in Sri Lanka’s domestic legal system. The minister also stressed the significance of the media and civil society in promoting development and reconciliation initiatives at various levels. He listed the challenges faced by the country during the period under review, including the Easter attacks in 2019, the COVID-19 Pandemic, and the aftermath of the Ukraine conflict. 

H.E. Ms. Himalee Arunatilaka, Ambassador Permanent Representative of the Democratic Socialist Republic of Sri Lanka to UNOG, added that in the 3rd cycle of the UPR, Sri Lanka accepted 107 recommendations and undertook twelve voluntary pledges. The national report was created through a thorough process that involved the government gathering initial information, followed by brief consultations with government stakeholders and a limited number of 65 civil society organisations from within the country. Several human rights developments highlighted in her speech included: the enactment of constitutional amendments to strengthen governance, financial accountability, transparency, and some efforts to combat corruption.

In the ensuing debate, delegations took the floor highlighting several human rights issues.

Ratification of Outstanding Human Rights Treaties

Many member states such as Ukraine, Brazil, Chile, Colombia, and France noted that Sri Lanka is yet to ratify the 2nd Optional Protocol of the International Covenant on Civil and Political Rights, aimed at abolishing the death penalty. Many delegations such as Timor Leste, Austria, Botswana, and Colombia, recommended that Sri Lanka ratify the Rome Statute of the International Criminal Court to prosecute crimes of international concern and to end impunity. France recommended the ratification of the Optional Protocol to the CRC to further strengthen child protection. Canada, USA, Türkiye, and Germany suggested the repeal of the Prevention of Terrorism Act and stressed that any replacement legislation must be compliant with Sri Lanka’s human rights obligations and international human rights standards.

Women and Minority Rights 

Concerns about women’s rights were previously raised by states in the third UPR cycle of Sri Lanka, where it was highlighted that several personal laws were often discriminatory to women and girls in terms of their rights to succession of land, and other similar spheres. These policies opposed the equality and non-discrimination provisions of Sri Lanka’s Constitution. Timor Leste, Bahrain, Bhutan, Brazil, Bangladesh, and Azerbaijan commended Sri Lanka’s efforts and progress in the field of gender equality and women’s rights through gender-responsive legal reforms. However, they also suggested that Sri Lanka strengthen efforts to protect women’s rights, including by setting up a quota to increase women’s representation in the leadership role, both in public and private sectors, as well as stepping up efforts to increase investments in gender equality and women’s empowerment. Türkiye and Germany encouraged Sri Lanka to continue to economically and socially empower women to prevent all forms of gender-based violence & contribute to Sri Lanka’s society, while the United Arab Emirates and the Bahamas encouraged them to guarantee equal access to education to women, children, and disabled persons. Zambia, Belgium, Iceland and several other states implored that Sri Lanka continues efforts to combat gender and sexual-based violence, including through gender sensitization and training, and by criminalizing marital rape. Several states also conveyed their concerns about the discriminatory treatment towards religious and ethnic minorities in the country. While the United Kingdom commended Sri Lanka’s commitment on respects for the rights of all religious and ethnic groups, and its recent efforts to foster political inclusion and constitutional reform, the USA suggested that the government end impunity for human rights violations, abuses, and harassment, especially against ethnic and religious minority communities, by holding those responsible to account, including security forces and government officials.

Reconciliation and Cooperation Efforts

Responding to advance questions on reconciliation efforts within Sri Lanka, H.E. Ms. Himalee Arunatilaka, stated that the President convened an all-party conference in December 2022 and January 2023 to garner political support needed for a smooth reconciliation process. Here, the President appointed a cabinet sub-committee on reconciliation under his chairmanship which includes the Prime Minister to bolster reconciliation among different communities and to address and resolve matters relating to issues encountered by the people of Northern and Eastern Provinces. Several urgent issues were identified in these meetings to develop a truth-seeking mechanism. However, while some member states acknowledged the crucial steps taken by Sri Lanka in reconciliation, many states recommended several suggestions. Thailand and Algeria implored Sri Lanka to engage with all stakeholders in a participatory process to advance the country’s reconciliation process. Togo recommended that Sri Lanka build upon its policy of national reconciliation by setting up a genuine system for prevention and punishment to combat hate speech and discrimination. Türkiye suggested that Sri Lanka continue its human rights education and capacity-building programs to ensure the investigative skills of police officers are strengthened and prosecutors  can effectively implement the cabinet-approved national policy of reconciliation. Taking into consideration the economic and social rights of people in the reconciliation process, Viet Nam urged the continuation of the promotion of economic and social development without discrimination to raise the people’s living standards and strengthen the social quotation system.

Position of Geneva International Center for Justice

Geneva International Center for Justice (GICJ) recognizes the steps Sri Lanka has taken thus far towards enhancing the protection of human rights in the country. However, we implore Sri Lanka to further facilitate the progress by ratifying UN treaties, fostering reconciliation, integrating international law and standards into domestic law, and eventually abolishing the death penalty to uphold citizens' constitutional rights. GICJ also encourages the lifting of discriminatory laws that restrict freedom of expression and religion, and the implementation of laws to combat sectarian violence towards religious minorities and marginalised groups. GICJ endorses the calls from several countries to fortify human rights and applauds Sri Lanka for its recent advancements in women's rights, poverty reduction, and healthcare for the most vulnerable.

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 Sri Lanka, human rights, minority rights, women’s rights, reconciliation efforts, economic and social rights