The examination of the fourth periodic report of Sri Lanka after a gap of nearly one decade is a rare opportunity for the non-governmental organizations and the United Nations Human Rights Committee to make comprehensive recommendations to overhaul the human rights mechanisms of Sri Lanka. By awarding impunity through the adoption of the Indemnity Act No 20 of May 1982 and by creating other procedural and legal obstacles, the Sri Lankan government has virtually turned its security forces into the biggest “gang of criminals.” Not surprisingly, despite making torture a criminal offence in 1994, not a single torturer has so far been prosecuted even though victims of torture include CID officers, police personnel and ex-soldiers belonging to mainstream Sinhalese community.

Asian Centre for Human Rights requests the United Nations Human Rights Committee to consider the following suggestions for inclusion in its concluding observations and recommendations:

Amend Article 126 of the Constitution of Sri Lanka to enable the high court and the magistrate’s courts to deal with the complaints on violations of fundamental rights, to repeal 30 days time bar to file petitions and to enable filing of petitions on behalf of those who might have died or disappeared; and if necessary, consider developing technical cooperation projects with the office of the United Nations High Commissioner for Human Rights to train the high court and magistrate court judges for dealing with petitions on the violations of fundamental rights;

Provide adequate powers and resources to the NHRC;

Repeal the Prevention of Terrorism Act; and review each and every case of the PTA detainees through a judicial board within a specific time frame and consistent with international standards on due process of law and fair trial and Sri Lanka’s obligations under international law;

No provisions of Emergency Regulations and Prevention of Terrorism Act be incorporated under the Prevention of Organized Crimes Bill, 2003 and that the proposed Bill, if adopted, must comply with Sri Lanka’s obligations under international law;

Ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights and abolish death penalty; establish special courts for prosecution of all those who have been indicated for disappearances;

Review Convention against Torture Act No 22 of 1994 and other relevant laws in order to ensure complete compliance with the Convention Against Torture and Article 7 of the ICCPR, in particular in respect of: (a) the definition of torture; (b) acts that amount to torture; and (c) extradition, return and expulsion; ensure independence of judiciary by ensuring that decision of the judiciary is final on arrest, detention, trial and conviction even under emergency rules, and the PTA and extend invitation to the Un- ited Nations special rapporteur on independence of judges and lawyers to visit the country;

Amend the Parliamentary Privileges Act, repeal the Public Performance Act and amend the PTA to ensure the freedom of expression; immediately implement the Grant of Citizenship to Persons of Indian Origin Act, 2003; and

Recognize the land rights of the indigenous Veddas and ratify the International Labour Organisation convention number 169 on indigenous and tribal peoples in independent countries.

Implementation of the articles of the ICCPR:

Article 2: Implementation at national level — too many and all ineffective mechanisms; neither the ratification of international human rights instruments nor the establishment of many National Human Rights Institutions guarantee the respect for rule of law, human rights and fundamental freedoms…

On national rights mechanisms, in its fourth periodic report, Sri Lanka refers to Supreme Court, Parliamentary Commissioner for Administration (Ombudsman), Permanent Inter-Ministerial Standing Committee on Unlawful Arrests and Harassment Committee, the Presidential Committee on Unlawful Arrests and Harassment and Human Rights Commission of Sri Lanka as bodies... for protection of human rights.

In addition...there are other institutions such as the Human Rights Task Force, Human Rights Centre of the Sri Lankan Foundation Institute, Commission for the Elimination of Discrimination and Monitoring of Fundamental Rights, and Commissions of Inquiry into Disappearances.