In a visit marked by both hope and stark reminders of unresolved injustices, United Nations (UN) High Commissioner for Human Rights Volker Türk concluded his four-day mission to Sri Lanka on Thursday (26).
During his visit, his discussions with a broad spectrum of stakeholders – from the highest echelons of Government to civil society and victims of human rights abuses – painted a picture of a nation at a crossroads, grappling with the profound legacy of its past while seeking a path towards reconciliation and sustainable development.
Türk’s arrival in Sri Lanka came at a critical juncture, as the country navigates the aftermath of its most severe economic crisis in recent memory and focuses anew on governance.
His engagements were extensive, including meetings with President Anura Kumara Dissanayake, Prime Minister Harini Amarasuriya, and other key ministers, political party leaders across the spectrum, and parliamentarians.
In Colombo, he further consulted with the Chief Justice, the Attorney General, senior security officials, the Human Rights Commission of Sri Lanka (HRCSL), the Office on Missing Persons (OMP), the Office for Reparations, and the Office for National Unity and Reconciliation. This broad outreach underscored the complex, multi-faceted nature of human rights challenges in Sri Lanka.
Disappearances and the quest for truth
A poignant moment of the High Commissioner’s visit was his trip to the recently reopened mass grave at Chemmani, near Jaffna in the Northern Province.
This site, which gained prominence in 1998 following allegations from a soldier about the mass burial of individuals who disappeared after Government forces retook Jaffna in 1995-1996, serves as a chilling testament to Sri Lanka’s brutal civil war, which ended in 2009.
Initial international excavations in 1999 uncovered bodies, and recent renewed efforts at the Chemmani-Sindubathi site have further unearthed human remains, including those of infants. Türk’s encounter with a family still searching and grieving for a loved one, hoping to unearth remains even after decades, underscored the deep-seated pain that permeates countless lives.
“The past haunts the lives of many in Sri Lanka,” Türk remarked, echoing the sentiment of thousands who sought closure after the nearly 30-year conflict.
The issue of enforced disappearances is particularly agonising, with estimates ranging from tens of thousands to as high as 100,000 individuals missing since the late 1980s, including during the Marxist Janatha Vimukthi Peramuna (JVP) insurrection and the civil war. Families, predominantly from the Tamil community but also Sinhalese from the south, continue their tireless advocacy for truth and justice.
Türk personally heard from mothers in Jaffna and Trincomalee, areas heavily impacted by the war, as well as from victims in the Southern Province, highlighting the shared grief that transcends ethnic lines. As one woman whose husband disappeared in 1989 tearfully told him: “The tears of Sinhalese, Tamils, and Muslims are the same.”
While encouraged by a growing space for memorialisation of victims, such as efforts observed in Jaffna, the High Commissioner expressed concern that the same old pattern of surveillance of human rights defenders persisted. This suggests that despite visible progress, underlying issues of civil liberties and space for dissent remain vulnerable.
Accountability, a domestic imperative with int’l support
A recurring theme in Sri Lanka’s human rights discourse has been the struggle to establish credible domestic accountability mechanisms that garner the trust of victims. This historical difficulty, stemming from perceptions of impunity and political interference, has often led Sri Lankans to seek justice at the international level.
Türk acknowledged this reality, stating: “This is why Sri Lankans have looked outside for justice through assistance at the international level.”
He affirmed that accountability was ultimately the State’s responsibility and that the process must be nationally owned. However, he stressed that this domestic effort could be complemented and supported by international means.
His own office, mandated by the UN Human Rights Council (UNHRC) to gather, preserve, and analyse information on violations and abuses in Sri Lanka, has established a dedicated project for this purpose. This mechanism, established through Resolution 46/1 in 2021, aims to support future accountability efforts both within Sri Lanka and internationally, addressing the persistent concerns over the lack of meaningful domestic justice.
Türk also welcomed the Government’s reopening of investigations into some important cases, including the devastating Easter Sunday attacks of 2019, and urged their swift advancement.
Commenting on the investigation into the Easter Sunday attacks, Minister of Justice Harshana Nanayakkara stated: “The Easter attacks are being investigated, so I cannot comment on the investigations until the investigations are complete. If anybody is found guilty, we will not refrain from taking action.”
Ending torture and reforming security sector
Commemorating the International Day in Support of Victims of Torture during his visit, Türk drew attention to the pervasive issue of torture and sexual violence, which had been prominent during the conflict and continued to be reported today, despite being criminalised under Sri Lankan law.
He highlighted the ongoing complaints of torture across the country, underscoring the urgent need for security sector and Police reform to address what he termed a “systemic problem”.
He also lauded the long-standing work of the HRCSL, particularly its efforts with the Police on custodial deaths, as a vital partner in this endeavour.
Speaking on the allegations of torture, Minister Nanayakkara said: “There have been many Fundamental Rights cases filed and the Government has not interfered in any of them. If there is any type of wrongdoing, the courts will look into it. There are many indictments happening in court, so if the court has deemed that something is wrong, the wrongdoers will be duly punished.
“If the UNHRC is aware of specific incidents of torture, then it could inform us and we will look into it. As a policy, we will not tolerate torture if it has happened.”
Legislative reforms
The High Commissioner touched upon several key legislative reforms crucial for advancing human rights and expressed hope for the swift passage of a bill proposing the decriminalisation of same-sex relationships, a significant step towards LGBTQIA+ rights in Sri Lanka.
Minister Nanayakkara acknowledged: “Yes, we had discussions on our policies regarding decriminalisation of same-sex relationships. On a policy basis, we will not be discriminating against any person on the basis of gender or gender orientation, but these are controversial matters and to pass them into law could lead to sensitivities among the people of the country. We don’t wish to introduce laws that society will fight over, so we are carefully thinking this through.
“The policies are there and we are working on reform of the law, but I cannot give you time limits as to when the law will be enacted. If the people demand it, we will go through with it. For now, it remains a sensitive area that we are dealing with sensitively.”
The High Commissioner also reiterated the UN’s longstanding call for a moratorium on the use of the Prevention of Terrorism Act (PTA) and urged an expedited review and release of long-term PTA detainees.
The PTA, enacted in 1979 as a temporary measure and made permanent in 1982, has been widely criticised by human rights organisations for its draconian provisions. Despite Government promises of repeal or amendment over the years, human rights groups note a continued reliance on the law. Türk explicitly called for its repeal.
Addressing the matter, Minister Nanayakkara stated: “Even long before the High Commissioner’s visit, we were working on PTA reforms. UN experts were consulted on the act. Hopefully, we will have the PTA in its present form repealed and a new bill introduced in Parliament by September.”
Regarding women’s and gender rights, Türk observed both progress and persistent challenges. While acknowledging the historic achievement of 22 women being elected to Parliament at the November 2024 General Elections, doubling female participation to 9.8%, he emphasised the need for greater representation in public and political life.
A critical legislative reform highlighted was the amendment of the Muslim Marriage and Divorce Act (MMDA) to bring it in line with international human rights law. Reform efforts have been ongoing for decades, often facing resistance from conservative elements.
Economic justice and a ‘human rights economy’
The devastating economic crisis of 2022, which saw Sri Lankans endure severe shortages of essential goods and services, profoundly impacted human rights. Turk highlighted the extreme hardship faced by vulnerable groups, particularly those working on plantations, stressing the urgency of addressing their needs for land, housing, and improved wages.
He noted that the popular demands arising from the ‘Aragalaya’ protests of 2022, a spontaneous, citizen-led movement that called for accountability for corruption and economic mismanagement, were powerful signals.
Turk expressed encouragement regarding the Government’s current work in relation to systemic change and said he hoped this wave of hope and change would carry forward to build a “new social contract”.
He envisioned an opportunity for Sri Lanka to transition to a “human rights economy,” one that moved beyond purely economic indicators to address the root causes of societal problems, including inequality, injustice, and unsustainable practices.
Building a harmonious future
In his meetings with religious leaders, Türk emphasised their crucial role in promoting human rights and interfaith understanding, particularly in a world witnessing a rise in hate speech and incitement. He urged them to use their influence to stamp this out, recognising their pivotal position in fostering a peaceful and ethical society.
The High Commissioner concluded his visit with a strong sense of hope, observing a total desire both in the Government and in society to draw a line under the entrenched identity politics of ethnicity, religion, language, culture, caste, and class.
He articulated a vision for Sri Lanka to become a story of hope in a world increasingly fraught with conflict and human rights violations, serving as an example of peaceful coexistence. His office, he affirmed, remained ready to assist Sri Lanka in this journey towards a more just and equitable future.