• Activists, lawyers, and politicians note importance of the role of independent commissions in protecting people’s socioeconomic rights  

In a context where important national-level discourses on human rights have been subdued by increasing economic hardships and a new discourse on economic and social rights along with human rights has emerged, Sri Lanka’s understanding of human rights needs to expand and evolve. In fact, given the impacts of the economic crisis on human rights, it would be impossible to protect human rights without addressing the economic crisis first.

The importance of the human rights discourse taking into account how rights have been affected by the ongoing socioeconomic crisis was explained by a panel of human rights defenders, legal professionals, and politicians who spoke at a panel discussion organised to commemorate International Human Rights Day, which fell on 10 December. It was organised by the Right to Life Human Rights Centre.

Human rights and independent commissions

Bar Association of Sri Lanka (BASL) President’s Counsel (PC) Saliya Pieris claimed that the Executive has been attempting to underestimate human rights in Sri Lanka for a long time and that the lack of independent institutions is a massive issue that has had a negative impact on human rights. He described the connection between institutions that are expected to be independent, the current socioeconomic crisis, and human rights. 

“Politicians undervalue the organisations and persons that appear for human rights. They call these parties non-governmental organisations (NGOs) that depend on US dollars coming from other countries. In various ways, human rights defenders are being insulted too. The issue I see in this situation is that a segment of the population also thinks that those engaged in defending human rights work under the influence of certain foreign forces. The people should understand that human rights are important to all of us and are a part of the people’s sovereignty.

“That is why we take a stance for human rights, not to make Geneva (a reference to the United Nations Human Rights Council [UNHRC] based in Geneva, Switzerland) or any other party happy. In this process, I think that we should speak against those who go against and insult human rights because it is through human rights that many things that are necessary for life are regulated.” 

Speaking of the human and economic rights situation in recent months, Pieris said that the prevailing economic crisis is not a mere economic crisis but is also a crisis in the governing system, and claimed that one of the reasons for these crises is due to the politicisation of various institutions that should be independent: “We are used to expecting the arrival of a saviour once every 5-6 years. We think various politicians that contest elections are our saviours; but, in a few years, we are left disappointed with their leadership. Then, in the next election, we once again expect another saviour to come. What needs to be achieved is the strengthening of these institutions by making them independent. Only if institutions are strengthened could they face these challenges.” 

Pieris spoke extensively of how institutions, particularly those tasked with looking into human rights-related matters, not having an independent governing system and being influenced by various external parties, such as politicians, have affected their operations, thereby also affecting the results expected of these institutions. He pointed out that this has been an issue that has remained unaddressed for a long time. 

“We may have ideological differences, but I think we are all in agreement when it comes to valuing human rights and believing that human rights must be protected. Therefore, if certain parties attempt to create divisions among us, we, as human rights defenders, must be vigilant and not allow it.”

Economic rights as part of human rights

Meanwhile, Samagi Jana Balawegaya (SJB) Opposition MP Eran Wickramaratne pointed out that a number of human rights violations that occurred in the past few decades have not been addressed and that steps taken to address the impacts of some of those incidents have not been implemented properly, especially with Government changes. 

“There are different types of human rights. Human rights include social and economic rights of the people as well, and certain countries have recognised this, sometimes through their Constitutions. However, similar initiatives are yet to take place in Sri Lanka,” he said, further noting the importance of handling the economy in a manner that ensures social justice.

During the discussion, Right to Life Human Rights Centre Executive Director (ED) Philip Dissanayake stressed that despite Sri Lanka signing the Universal Declaration of Human Rights in 1955, the country has failed to adhere to even the basic principles of the declaration. Noting that human rights have been severely affected owing to the issues created by the economic crisis, he stressed that human rights would only be protected once the economic crisis is sufficiently addressed. If the country continues to decline economically, he claimed that there can be no human rights.

Long-drawn-out human rights issues

According to International Movement Against All Forms of Discrimination and Racism (IMADR) President Dr. Nimalka Fernando, while there are those who openly act as human rights defenders, there are also citizens who take a stance for social justice and fairness every day, who, in turn, face various issues due to their work. Speaking of Sri Lanka’s human rights concerns in the international context, she opined that talking about Geneva cannot be considered lightly and highlighted that it is not merely a few people seeking to have a proposal passed. 

“We all know that Sri Lanka, as a member of the global community, is a Member of the UN. We were a powerful Member Nation of that community and gained massive respect,” she said, pointing out that in a context where Sri Lanka has failed to serve justice for certain human rights violations such as the disappearances that occurred in the 1988-1989 era, the country to date is identified in relation to such incidents. 

“Sri Lanka has not responded with regard to more than 15,000 names of disappeared persons which are recorded in the UN Office that is looking into disappearances. Around 5,000 of those names are from the 1988-1989 era’s list of disappearances. The same list of names was presented in the 1989-1990 era and also in 2019. Why is that? Are we seeking an answer from ourselves or from the administration or do our leaders not have any accountability with regard to this?” 

Pointing out that the disappearances and murders of and threats to various prominent persons including journalists Lasantha Wickrematunge and Poddala Jayantha, Dr. Fernando said that the disappearances that started in 1988 were not eliminated despite various promises and plans by successive governments to bring an end to such incidents. She opined that disappearances have been used as a weapon to spread oppression alongside the increasing dominance of Executive power and militarisation. Dr. Fernando further noted that the solution to these issues does not come from the UNHRC but from the rulers of the country. Additionally, she pointed out a number of occasions, especially with regard to discussions with and promises to the international community, where Sri Lanka failed to take tangible steps to address human rights issues in the country despite being able to do so.

Solidarity and humanity

In addition, National Peace Council (NPC) Executive Director Dr. Jehan Perera, noted that in a context where Sri Lanka has remained a divided society since Independence, the stance taken by the “aragalaya” (struggle) activists against divisions among the people is a new vision. He condemned various governments’ attempts to divide the people, which consequently affected their civic rights, adding that the various political decisions that adversely affected the human, political, and economic rights of the estate sector Tamil community is one such example. 

The ongoing conflicts between the majority ethnicity and minority ethnicities have had an impact on the solutions that various governments attempted to bring in order to address this issue, according to Dr. Perera. “Our main issue is not with each other, but with institutions that are weak as well as with the political parties that are attempting to fool us,” Dr. Perera said, adding that collectively facing the prevailing economic issues with the Government’s genuine support could help the country pull through the said issues within a relatively short period of time.

Meanwhile, Anidda Newspaper Editor-in-Chief and Attorney-at-Law K.W. Janaranjana explained the importance of looking at human rights as not just a concept, but as a part of every person’s life. 

“Why are we committed to protecting human rights? It is not just because I am a human rights defender. Simply put, it is because I am a human being,” he said, opining that irrespective of the view that human rights are a Western concept and that Easterners inherited different values, it should be acknowledged at the very least that what people feel are the rights they should be entitled to as human beings constitute human rights. Being empathetic, he said, is important to understand the importance of protecting and coming forward to protect human rights.

In addition, speaking of how journalists or the media could intervene to defend human rights, he said that journalists have a responsibility to look into whether the Government fulfils its duties and informs the people of the situation: “If the Government is violating human rights and is not educating the people of their rights, and if there is a human rights issue in the country, journalists should reveal it. Journalists should be vigilant and report about the protection or violation of human rights as well as the promotion of human rights. I have to ask whether you think that journalists fulfil their duties, and rethink whether television and radio channels and newspapers fulfil this responsibility. It does not happen because journalists do not understand that they are human beings.”