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Sri Lanka’s socio economic crisis: Citizens’ right to live denied?

16 Apr 2022

By Sarah Hannan  The people’s protests that commenced on 31 March are moving onward and forward as citizens gather at various protest locations around the country demanding the incumbent Government to own up to the atrocities that they committed against an entire nation.  While the people’s protests are now catching waves and trends online and on traditional media channels, we are losing sight of the violation of the basic human rights of all citizens of Sri Lanka. By now the length of the fuel queues, gas queues, and queues for other essentials are growing tenfold as the country struggles to function with depleting resources.  Come Monday (18), the crowds that have flocked in protest will have to return to their workplaces and to keep the economic machine functioning, so they can put food on the table for their families. What comes next? What should be the focus of all these protests? Does the problem end when the present Government steps down? Who is going to pay the debts and deficits and how will the Treasury grow its reserves back? What objectives should the caretaker government fulfil, until a new government gets elected? These are some questions that we need to ask ourselves.  The Sunday Morning spoke to Attorney-at-Law Radika Gunaratne on what we as citizens can do to safeguard the people’s right to live in this country. “We have prioritised sending these corrupt politicians home, and asking them to be held accountable for their actions. In the meantime, we are forgetting that there is a segment in this country that is daily losing access to food, medicine, education, shelter, and clean drinking water. Basic human needs and rights are violated continuously, and nobody bats an eyelid. That is the grave situation that our country has fallen into.”  According to Gunaratne, violation of basic human rights and depriving people of accessing basic needs will have grave consequences in the future. Yet, there is no collective of people that have come forth to make these humanitarian issues heard. When asked whether a petition could be filed against the violation of basic human rights, Gunaratne claimed that it is possible, but no one has attempted it so far. “We are looking at changing the system, changing policies, and making reforms which are needed, but we should turn our focus towards protecting people’s right to live as well. Everyone who is currently on the road protesting or arriving at Galle Face will have to abandon the protest from Monday when the country goes back to the normal routine of work. We need to then see who will continue this revolution.”  Gunaratne further explained that while Chapter III of the Constitution of Sri Lanka speaks about Fundamental Human Rights, it does not spell out what basic human rights it affords the citizens of Sri Lanka and it is tricky to take legal action within the governance system of the country.  Although several attempts were made to contact members of the governing political party Sri Lanka Podujana Peramuna (SLPP) over the days leading up to publishing this article, all communications to Chief Government Whip Johnston Fernando proved futile. However, if we are to refer to the Universal Declaration of Human Rights proclaimed by the United Nations General Assembly in Paris on 10 December 1948, the Government of Sri Lanka is currently violating Articles 3, 8, 25 (1) and (2), 26 (1) (2) and (3), and 28.
Article 3 Everyone has the right to life, liberty and the security of a person. Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. Article 25
  1. Everyone has the right to a standard of living adequate for the health and wellbeing of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
  2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 26
  1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
  2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance, and friendship among all nations, racial, or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
  3. Parents have a prior right to choose the kind of education that shall be given to their children.
Article 28 Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realised.
 

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