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SJB, UNP trade blows as RW prepares to enter Parliament
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Need for strong Opposition grows amidst SJB’s loyalty issues
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Police crackdown on speech determined to be ‘fake news’
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Several SC rulings note free speech importance to democracy
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EU resolution puts Government on notice, as key areas reviewed
- Expresses deep concern over Sri Lanka’s alarming path towards the recurrence of grave human rights violations as described by the most recent UN report on the country, which lists among the early warning signs the accelerating militarisation of civilian governmental functions, the reversal of important constitutional safeguards, political obstruction of accountability, exclusionary rhetoric, intimidation of civil society, and the use of anti-terrorism laws;
- Reiterates its strong opposition to the continued application of the current PTA; calls on the Sri Lankan authorities to fulfil their pledge to review and repeal the Act and replace it with anti-terrorism legislation which adheres to international best practices; further calls for the immediate suspension of the deradicalisation regulations;
- Points out that Regulations No. 1 of 2021 do not provide for procedural guarantees for any person deprived of their liberty as laid down in Article 9 of the ICCPR, and that they violate Sri Lanka’s own constitutional guarantees under Article 13 of the Sri Lankan Constitution; recalls that deradicalisation, rehabilitation, and reintegration centres, which are regulated under similar legislation, have in the past been rife with serious human rights violations such as torture and other ill-treatment, including sexual and gender-based violence;
- Expresses grave concern about the arbitrary arrests and detention under the PTA without due process and access to justice, including for civil society activists, lawyers, writers, and poets such as Hejaaz Hizbullah and Ahnaf Jazeem; notes with concern the detention of Shani Abeysekara, the former Director of the CID; urges the Government of Sri Lanka to immediately give those detained a fair trial on valid charges and, if there are no charges, to release them unconditionally;
- Deplores the continuing discrimination against and violence towards religious and ethnic minorities and communities in Sri Lanka, including Muslims, Hindus, Tamils, and Christians; calls on the Government of Sri Lanka to unequivocally condemn hate speech, incitement to violence, and discrimination against religious and ethnic groups in the country, and to hold to account those who advance such divisions, including within the Government and military;
- Notes the adoption of the 20th Amendment to the Constitution and expresses serious concern about the resulting decline in judiciary independence, the reduction of parliamentary control, and the excessive accumulation of power with the presidency;
- Notes with concern the Government of Sri Lanka’s recent proposal to enact a new law on disinformation despite concerns raised by civil society organisations about the threats such a law could pose to the freedom of expression; urges online platforms to take proactive steps to moderate the circulation of hate speech and disinformation online in the Sinhalese and Tamil languages;
- Is concerned that provisions in Sri Lanka’s Penal Code, notably sections 365, 365A, and 399, have been interpreted in such a way as to criminalise individuals with diverse sexual orientations and gender identities.
- Calls on the Commission to urgently evaluate its funding for the UN Office on Drugs and Crime and INTERPOL project “Support to Sri Lanka on Counter-Terrorism" while counterterrorism in Sri Lanka is in certain cases being used as a pretext on which to persecute members of ethnic and religious groups and civil society, including human rights defenders; calls on the EU Delegation to Sri Lanka and the member states’ representations to increase their support to civil society, especially human rights defenders, environmental defenders, and journalists;
- Underlines the crucial importance of ensuring that the national reconciliation process is given the necessary attention and results in concrete actions, including accountability for enforced disappearances and past crimes; regrets Sri Lanka’s withdrawal from the commitments it made to the UN Human Rights Council in the context of its sponsorship of resolution of 14 October 2015 entitled “Promoting reconciliation, accountability, and human rights in Sri Lanka”, and encourages it to re-engage with the council, which is instrumental in restoring relations with the international community and creating a process of national reconciliation between the diverse Sinhalese, Tamil, Muslim, Hindu, and Christian communities;
- Calls on the Government of Sri Lanka to prevent any hindrance of the investigation and possible prosecution of members of the security forces accused of serious human rights abuses; insists that an investigation be carried out into allegations of grave human rights abuses and war crimes committed during the civil war by senior figures from all sides; asks the Government of Sri Lanka to end the practice of appointing current and former military commanders implicated in serious abuses to senior government positions;
- Calls for a rigorous, impartial, and complete investigation into the 2019 Easter Sunday bombings in line with international legal standards; calls, furthermore, for those against whom there is evidence of culpability to promptly be brought to trial, and for those for whom there is insufficient evidence to be released;
- Recalls that the GSP+ scheme offers the incentive of better access to the EU market for the country’s exporters, in return for further progress in fully implementing those conventions; recalls that one of Sri Lanka’s key commitments was to fully align its counterterrorism legislation with international human rights conventions in order to secure a favourable trading relationship under the GSP+; recalls the consequences foreseen in the GSP Regulation in the event of a persistent failure to adopt and enact the necessary human rights reforms, repeal abusive legislation, and reverse the current trajectory of increasing violations;
- Underlines that the GSP+ scheme offered to Sri Lanka has made a significant contribution to the country’s economy, from which exports to the EU have increased to € 2.3 billion, making the EU Sri Lanka’s second-largest export market; highlights the ongoing monitoring of Sri Lanka’s eligibility for GSP+ status and stresses that the continuance of GSP+ trade preferences is not automatic; calls on the Commission and the European External Action Service (EEAS) to take into due account current events when assessing Sri Lanka’s eligibility for GSP+ status; further calls on the Commission and the EEAS to use the GSP+ as a leverage to push for advancement on Sri Lanka’s human rights obligations and demand the repeal or replacement of the PTA, to carefully assess whether there is sufficient reason, as a last resort, to initiate a procedure for the temporary withdrawal of Sri Lanka’s GSP+ status and the benefits that come with it, and to report to Parliament on this matter as soon as possible;
- Notes with concern the impact of the Covid-19 pandemic on the deteriorating labour rights’ situation in the country; urges Sri Lanka to co-operate fully with the International Labour Organisation (ILO) to strengthen the labour rights of factory workers, including health and safety conditions for garment workers in special trade zones; calls on the Government of Sri Lanka to effectively implement and strengthen the National Policy on Elimination of Child Labour; calls on the Sri Lankan authorities to adapt the Board of Investment of Sri Lanka Labour Standard and Employment Relation Manual in order to bring it in line with international standards, notably ILO Convention Nos. 87 and 98;
- Reiterates the EU’s strong opposition to the death penalty, in all cases and without exception; welcomes Sri Lanka’s continued moratorium on the death penalty; urges the Government to abolish the use of capital punishment in the country;
- Welcomes the EU’s past support for reconciliation efforts and underscores the EU’s readiness to support Sri Lanka in this field;
- Expresses concern about the growing role and interference of China in Sri Lanka;
- Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission/High Representative of the Union for Foreign Affairs and Security Policy, the EU Special Representative for Human Rights, the Secretary General of the UN, the UN Human Rights Council, and the Government and Parliament of Sri Lanka.