Special Rapporteur Clément Voule undertook an official country visit to Sri Lanka from 18 to 26 July 2019. The objective of the mission was to assess the situation of peaceful assembly and association rights within the country.

The findings and recommendations of the Special Rapporteur Voule were presented to the Human Rights Council during its 44th session in July 2020.

The Special Rapporteur concluded that the visit to Sri Lanka exposed considerable, yet fragile advances in safeguarding the rights to freedom of peaceful assembly and association (FoAA).

Since 2015 the country has seen progress, albeit very slow, in implementing political and social reforms aimed at improving FOAA rights. The Special Rapporteur acknowledges and celebrates some key advancements in terms of democratization, good governance, post-conflict reconciliation and transitional justice. A particularly noteworthy achievement has been the specific inclusion of the right to information, in article 2 of the of the Nineteenth Amendment to the Constitution which has been hailed as one of the best examples of right to information laws globally.

The report notes that national legislation provides adequate protection for FOAA rights, yet in practice these laws are applied unequally, undermining the enjoyment of the rights they are meant to protect. Ethnic and religious discrimination, mistrust in State authorities and the heavy militarization of certain areas continue to constitute significant obstacles to fully realize the enjoyment of these rights in the country.

The discriminatory application of counter-terrorism legislation to individuals who exercise their FoAA rights, in circumstances where the characterization of the offence as terrorism seemed draconian and manifestly disproportionate, was another key concern.

The Special Rapporteur expressed concern at the lasting reign of impunity with regards to crimes committed during the country’s armed conflict:

It is essential that victims of human rights violations, including violations of the rights to freedom of peaceful assembly and of association, feel supported and able to redress these violations in a straightforward and efficient manner. Indeed, the fight against impunity is crucial for the maintenance of a sustainable democracy, of peace and of development.”

Concern over the fragility of the gains that were made was also noted and the Special Rapporteur called for solidification of the advances that were made by further adapting the legal framework.

The Special Rapporteur stressed the indispensable role of civil society in the promotion of democracy and in particular of the rights relevant to his mandate, highlighting the crucial role civil society actors have played since 2015 and he called on their continued active participation to maintain and increase the gains.

The Special Rapporteur specifically called on the need to rebuild trust and reunite the different communities in order to work towards the full enjoyment of human rights. First steps towards achieving this must include the even application and rule of law, an end to impunity, and meaningful transitional justice and reconciliation processes.

 

Read the full report (A/HRC/44/50/Add.1) in all UN languages here