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The forgotten rights 

09 Dec 2021

Today (10) marks this year’s International Human Rights Day, a day designated for a topic that never gets old, and this year, the world commemorates this day at a time when the Covid-19 pandemic has deprived scores of their human rights.  The topic of human rights is a delicate, sensitive, and at the same time, extremely serious matter. In Sri Lanka, human rights have been the foundation of many ongoing discourses, especially due to the three decade war, and the events it entailed. However, most likely due to that same reason, Sri Lanka’s national discourse on human rights has been limited to matters such as war related deaths and allegations of extrajudicial killings, torture, and abductions and disappearances, and similar incidents that took place in the context of national security. Consequently, a plethora of other crucial human rights related matters have gone unnoticed, at a time when the world has moved forward to identify and take measures to uphold them.  Even though rights groups have taken the initiative to address some other human rights related matters – such as land rights, bodily rights of women, and the rights related to diverse sexual orientations and/or gender identities and expressions – as far as the importance of them progressing to be a national level discourse is concerned, the human rights discourse is not in a satisfactory state, and Sri Lanka seems to be sticking to what the laws and policies already specify.  Among the least discussed rights of humans in Sri Lanka include the right of a person to live in an unpolluted environment, the right of a person living with chronic illness to opt for a dignified death by way of euthanasia when that person’s life depends entirely on life support, the rights of children during legal proceedings, the rights of pregnant women and foetuses, especially in the discourse on abortion, the rights of a person to have psychological support or treatment when the mental state of the offender has played a role in the offence they are convicted of, especially when it comes to those involving sexual offences, and the rights of indigenous communities such as the Vedda community.  While some of these human rights related matters may be highly controversial and may not resonate with various groups, at least to weigh the pros and cons and thereby progress as a country by enacting laws to safeguard what can be agreed upon, Sri Lanka has not put adequate effort.  Initiating a discourse is key. However, to do that, Sri Lanka has to alter the way it views and treats human rights and social, economic and cultural matters that pertain to human rights.  What is more, Sri Lanka’s human rights movement being considerably politicised and commercialised in recent years is also to blame for this situation. Even though Sri Lanka had and has human rights activists who have shown commitment to protecting human rights spending from their own money and risking their lives, with the increased funding for human rights-related activities, money, or foreign funding, has started playing a massive role in these activities.  Some human rights-related activities becoming merely a part of a funded project, self proclaimed human rights activists being essentially paid employees who protect human rights as a mere part of their job description, and human rights organisations mushrooming on the lookout for funding, are realities the country’s human rights movement is facing. We also remember how certain human rights organisations came under scrutiny of funders during the past few decades for allegations of the misuse of funding.  That is not to say that Sri Lanka’s human rights movement has been completely commercialised. Even today we see many human rights activists who work day in day out to be a voice for the voiceless. It is also a fact that even human rights defenders have to maintain their lives, and it requires money. However, the noble cause of protecting human rights, for which some activists fight day and night, risking their own lives, should not be overpowered by the monetary aspect of it.  At the same time, the politicisation of human rights issues, and also political interferences and the lack of or conditional political will, has to come to an end. The best example is how politicians justify and misinterpret cases of extrajudicial killings, and custodial deaths and torture, which sometimes change depending on whether these politicians are in the ruling party or in the Opposition. This is, in fact, far more serious than everything mentioned above, because, at the end of the day, the outcome of a lot of human rights-related activities depend on what the lawmakers do.  A more tragic reality is that, even the people are not aware of their rights, and their right to demand rights. There are still people who are not aware of the existence of the Human Rights Commission of Sri Lanka (HRCSL), and that they can seek recourse in the event of a human rights violation from several other parties aside from the Police.  Therefore, human rights being a part of everyday normal discussions, is also crucial. 


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