Human rights are interdependent, indivisible and inter-related. The establishment of many national human rights institutions creates confusion. It is a clear sign that the government seeks to placate the concerns against the failure of one institution by establishing another one. The United Nations handbook on NHRIs states, one of the necessary elements for the effective functioning of national institutions is “avoiding conflicts of jurisdiction.” The handbook further states, “While an increase in the number of national institutions may generally be considered a positive development, it is important that potential conflicts and duplication at the national level between such similar bodies are avoided.”

The conflicts of jurisdiction, duplication and overlap of different national human rights institutions are abundantly clear in Sri Lanka. Under Section 28 of the Human Rights Commission Act of 1996, any arrest under the Prevention of Terrorism Act must be intimated to the Sri Lankan Human Rights Commission by the security forces. Yet, in 1998, the Sri Lankan president established the Committee to Inquire into Undue Arrest and Harassment. The mandate of the CIUAH clearly overlaps with the SLHRC’s duties of investigation and complaint-handling.

The CIUAH was set up because of the apparent failure of the Sri Lankan Human Rights Commission. However, the treatment meted out to the CIUAH speaks about the lack of seriousness of the government. In March 2001, the CIUAH stated that only details of detainees in Colombo and Kalutara were being provided. It called for full details of detainees under the PTA and Emergency regulations from the Commissioner of Prisons...The CIUAH also expressed dissatisfaction over cases under the PTA and Emergency regulations dragging on for months and sometimes for years. The committee observed that this was mainly due to security forces’ witness failing to turn up for cases.

The government closed down the CIUAH in 2001, although PTA is still in force.

Shortcomings of Sri Lanka’s National Human Right Commission: In 1996, the Human Rights Commission Act was adopted with a mandate to “promote respect for fundamental rights.” It commenced its activities in March 1997. Unfortunately, the SLHRC has not met the Paris Principles on NHRIs. As state above, the commission has conflicting mandate with other national institutions. It does not have adequate powers, resources and accessibility at the regional level. The SLHRC, in the past, has been accused of non-transparency and inefficiency.

In May 2000, the president of Sri Lanka promulgated new emergency regulations, which confer powers of arrest to “any authorized person” in addition to the police and armed forces and considerably extend the powers to detain available to them. Section 28 of the National Human Rights Commission Act clearly states that it “shall be the duty of the person making such arrest or order of detention, as the case may be, to forthwith and in any case, not later than forty-eight hours from the time of such arrest or detention, inform the Commission (SLHRC) of such arrest or detention as the case may be and the place at which the person so arrested or detained is being held in custody or detention. Where a person so held in custody or detention is released or transferred to another place of detention, it shall be the duty of the person making the order for such release or transfer, as the case may be, to inform the Commission of such release or transfer, as the case may be, and in case of a transfer, to inform the Commission of the location of the new place of detention.”