Sri Lanka
Sri Lanka performs in the mid-range across all four categories of the Global State of Democracy framework and is among the top 25 per cent of countries in the world with regard to Civic Engagement and Electoral Participation. Over the last five years, it has seen advances in Credible Elections but has suffered declines in Freedom of Association and Assembly, Freedom of the Press, and Civil Liberties at the broader level. Sri Lanka is considered a lower middle income economy, dependent on services, industry and agriculture. It is currently in the midst of the most severe economic crisis of its post-independence history, marked by power blackouts, shortages of fuel, cooking oil and food.
British colonizers left behind a divided island in 1948, having stoked pre-existing power struggles between the majority Sinhalese and minority Tamil communities by favouring the latter during their rule. In addition to these groups, there is a Muslim community (nine per cent) and other small minority groups (less than one per cent). Also relevant are significant class, caste, and religious regional divisions within communities, used strategically by politicians for their own ends. Sinhalese dominance in government and a raft of ethnically chauvinist legislation in the wake of independence eventually led to the outbreak of a 26-year-long civil war in 1983. A combination of economic and communal issues also led to a violent insurrection between 1987 and 1989, spearheaded by the communist nationalist Janatha Vimukthi Peramuna (JVP). Sri Lanka has made some progress in gender equality, notably in education and healthcare access for women. However, key challenges remain, including gender-based violence, wage disparities, and low female representation in leadership roles including in legislature, despite having elected the world’s first female prime minister in 1960.
In ensuing years, politics was driven by politicized ethnicity, and political violence – perpetrated both by the state and by the Liberation Tigers of Tamil Eelam and other armed groups – became normalized. The end of the war was seriously tainted by allegations of human rights violations perpetrated by the state, and the government refused to cooperate with a UN-led investigation into these events. In the post-war era, new social cleavages, including anti-Muslim sentiment and Islamic terrorism, have grown.
The country was further militarized in the aftermath of the war, particularly in the war-torn regions, and the media and civil liberties remained restricted. At the same time, many Tamils in the north were resentful of the government’s continued refusal to address some of the root causes of the war and its “pampering” of former LTTE leaders who had brutalized the community. The Prevention of Terrorism Act (PTA), enacted in 1979, remained in force and has allowed the continued surveillance, kidnapping, torture, harassment and detention of Tamils who are allegedly guilty of trying to recreate the LTTE.
Recent political history has been marked by the dominance of the Rajapaksa family, blamed for the worst economic crisis the country has experienced since independence. Milestone popular protests in 2022 led to the former president fleeing and the establishment of an interim government. In the time since then, there has been notable public disappointment with the lack of reform.
Looking ahead, it will be critical to watch if and how the government addresses the protesters’ demands, manages economic devastation and addresses pervasive militarization of civilian governmental functions. Accountability mechanisms for civil-war-era violations, corruption and threats to independent institutions and the rule of law remain significant challenges. Civil Liberties will also need to be watched considering controversial legislation passed in regulating online content as well as ongoing efforts to replace the PTA.
Last Updated: June 2024
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January 2024
Parliament approves controversial Online Safety Bill
On 24 January, Parliament passed the Online Safety Bill (OSB), which seeks to combat false online statements through a commission with extensive powers. These include ordering individuals and internet service providers to remove online content deemed “prohibited statements,” further enabling legal recourse against people who publish such content. Human rights groups, industry experts and civil society organizations have called for the bill to be withdrawn, criticizing its vaguely worded definitions of offences that may be misused to silence critical voices online. Moreover, concerns have also been raised regarding the five-member commission’s lack of independence from the executive. The United Nations Human Rights Office also expressed opposition to the bill in October 2023. Civil society organizations note that the bill was passed in a rushed manner with limited consultations that left numerous of their concerns unaddressed.
Sources: International IDEA, Access Now, OHCHR, Centre for Policy Alternatives, The Diplomat
UN experts criticize “Yukthiya” drug raid operation
Sri Lankan authorities have arrested tens of thousands of people in a month-long crackdown on drugs through the “Yukthiya” Operation launched in December 2023. Human rights groups have expressed deep concern over alleged abuses, which include reports of ill-treatment and torture, denial of due process and fair trials, arbitrary arrests, and detention in compulsory military-run rehabilitation centres. The United Nations Human Rights Office has called for Sri Lanka to “immediately suspend and review” the anti-drug operation, noting that “irregularities in the judicial process of sending people to rehabilitation centres should also be investigated.” Public Security Minister Tiran Alles responded, saying the operation will continue and that the human rights body should identify specific instances of abuse.
Sources: OHCHR, Daily Mirror, The Associated Press, Reuters
November 2023
Supreme Court finds former top officials guilty of economic crisis in symbolic ruling
On 14 November, Sri Lanka’s Supreme Court issued a landmark ruling holding former top officials, including ex-president Gotabaya Rajapaksa and his brother Mahinda, responsible for violating the fundamental rights of Sri Lanka's people by mishandling the country’s economic crisis that began in 2022. The verdict is largely symbolic and carries no penalties aside from an order to pay the petitioners’ legal fees. The case was lodged by Transparency International Sri Lanka and other rights activists. Bhavani Fonseka from the Center for Policy Alternatives noted that the ruling marks an "important step in addressing impunity and implicating the key actors involved, [who] continue to enjoy impunity in Sri Lanka," while acknowledging that "what happens after this is going to be critical - whether the state attorney general's department will initiate criminal proceedings is yet to be seen."
Sources: Supreme Court Sri Lanka, Daily FT, Transparency International Sri Lanka, CPA Twitter
Concerns sparked over two proposed bills threatening free speech
UN Special Rapporteurs have expressed concerns about Sri Lanka's proposed Online Safety Act and Broadcasting Regulatory Commission Act, citing potential violations of freedom of expression, association, assembly, and privacy rights. The Online Safety Act, seeking to combat false statements online through an established commission, is criticized for including vague and broad provisions that may be misused to silence critical voices online. After being challenged in court by civil society, the Supreme Court on 7 November determined that the bill is consistent with the Constitution and can be passed by a simple majority, subject to amendments to 31 of its provisions. While some of the SC’s proposed amendments focus on ensuring the independence of the Commission, narrowing the scope of interpreting offences, and restricting the commission's powers, other recommended amendments are alleged to have no significant impact on the Act's overall effect, as they pertain to procedural matters. The Broadcasting Regulatory Commission Act, which regulates mass media organizations, is similarly faulted for granting the executive extensive powers to penalize or silence media critical of the government. The UN Special Rapporteurs and rights organizations have called for the bills to be withdrawn and significantly amended along with increased public consultation.
Sources: OHCHR, Economy Next, Factum, Sri Lanka Brief
July 2023
Parliament approves new anti-corruption law
Sri Lanka’s parliament approved a long-awaited anti-corruption bill on 20 July as part of the prerequisites of an International Monetary Fund (IMF) bailout package, approved in March. The bill increases the powers and resources allocated to the Bribery and Corruption Commission, tasked with investigating bribery and corruption charges and offences among private and public sector officials. The law also mandates electoral candidates to declare their assets and liabilities, which would be made public ahead of elections, as well as provides protection for whistleblowers. Civil society organizations and rights experts have welcomed the law, with Transparency International adding that "A lot of it will depend on enforcement of the law, whether law enforcement authorities will be empowered to be free of political interference and also not have to self-censor, to act without fear or favour during investigations."
Sources: The Morning, Economy Next, Al Jazeera, Parliament of Sri Lanka
May 2023
Sri Lanka takes steps toward decriminalizing homosexuality
The Supreme Court ruled on 9 May that a bill seeking to decriminalize homosexuality is not unconstitutional, clearing the pathway for parliament to discuss and vote on reforming the law. The decision marks a significant milestone for LGBTQIA+ rights in the country, with campaigners hopeful that it will provide an opportunity for long-awaited reform. The bill, introduced in April, aims to make the sexual conduct between two consenting adults of the same sex a non-punishable offence.
Sources: Reuters, International Commission of Jurists, News First
Free speech stifled under misused ICCPR act
Human rights groups have criticized the arrest of a Sri Lankan stand-up comedian under the International Covenant on Civil and Political Rights (ICCPR) Act as an attempt to suppress free speech. Natasha Edirisooriya was taken into custody on 28 May for allegedly insulting Buddhism with a controversial remark during a performance. Among other provisions, the ICCPR Act criminalizes the advocacy of “national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.” Rights experts have in recent years called for amendments to the ICCPR Act, citing its misuse in targeting and silencing members of ethnic and religious minorities.
The Centre for Policy Alternatives (CPA) further argues that arrests made under the ICCPR Act without comprehensively considering whether the speech amounts to incitement of discrimination and violence violates the fundamental right to freedom of speech.
Sources: Daily FT, Centre for Policy Alternatives, Economy next, The Morning
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