The Human Rights Commission of Sri Lanka (HRCSL) has voiced strong objections to the continued misuse of legal provisions, particularly Section 3 of the International Covenant on Civil and Political Rights (ICCPR) Act, to suppress peaceful remembrance events in the North and East of the country.
In a formal letter addressed to the Acting Inspector General of Police (IGP), the Commission condemned the arrest and harassment of individuals participating in peaceful commemorations, especially those marking the deaths of Tamil civilians during the final stages of the armed conflict in 2009.
“The Commission is concerned by the misapplication of Section 3 of the ICCPR Act, No. 56 of 2007, to arrest persons engaged in peaceful acts of remembrance, including protests,” the HRCSL stated, according to Media Spokesperson and Director of Research and Monitoring, Nihal Chandrasiri.
These concerns echo a similar warning issued to the former IGP in May 2024, where the Commission criticised the use of national security laws to silence public mourning and protest. HRCSL argued that such actions are inconsistent with Sri Lanka’s constitutional and international obligations.
The letter noted that police in some cases have sought temporary court injunctions under Section 106(1) of the Code of Criminal Procedure to prevent commemorative gatherings, a move the Commission said was often unwarranted.
“Some of these applications were dismissed by the courts, affirming the public’s right to peaceful expression,” it noted.
Citing Article 14(1)(a) of the Constitution, which guarantees freedom of speech and expression, the HRCSL asserted that “peaceful acts of commemoration cannot be considered forms of incitement to discrimination, hostility, or violence.”
The Commission also warned that the misuse of the ICCPR Act has led to undue denial of bail and infringements on fundamental rights, amounting to harassment and legal overreach.
Further, it stressed that remembrance activities form an integral part of collective reparations, as recognised under the Office for Reparations Act, No. 34 of 2018. As such, the state has a legal duty to protect these rights.
In response to these developments, the HRCSL has issued a set of recommendations to the Acting IGP. These include:
Issuing clear guidance in Sinhala, Tamil, and English to all divisions of the Sri Lanka Police, affirming that peaceful commemoration is a protected right;
Instructing officers not to seek court orders to prevent such acts unless there is clear evidence of incitement to hatred or violence;
Reiterating that expressions not amounting to advocacy of national, racial, or religious hatred must be respected.
The HRCSL’s intervention follows a commitment made by the newly elected government in November 2024 not to obstruct peaceful commemorative events.
However, recent police actions appear to contradict that promise, raising concerns about the credibility of the government’s human rights commitments.
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