12/10/2010, 00.00
SRI LANKA
Send to a friend

Human rights protection lacking in Sri Lanka

by Melani Manel Perera
Human Rights Day marks the struggle against the abuse of power in many countries. Basil Fernando, director of the Asian Human Rights Commission, speaks to AsiaNews about the difficult situation in his native country of Sri Lanka. He stresses how the integrity of the judicial system is essential to protect the rights of citizens.
Colombo (AsiaNews) – Today is Human Rights Day. For the occasion, AsiaNews spoke to Basil Fernando, director of the Hong Kong-based Asian Human Rights Commission and Asian Legal Resource Centre (AHCR), about the lack of human rights in Sri Lanka. Mr Fernando explained that in his country the average citizen has become completely powerless. Ordinary people must realise that upholding the autonomy of the courts is essential for the protection their rights. In his view, religious leaders must play an important role in reasserting the rights that have been denied to the people of Sri Lanka.

As a citizen of Sri Lanka, how do you see the human rights situation in your country today?

Sri Lanka has a very serious human rights problem, one that touches the role of the judiciary, which is under threat of marginalisation due to the constitutional provisions that have expanded the powers of the executive to the detriment of the judiciary and the legislature. In any country based on the rule of law, the judiciary is the most important protector of the individual against the arbitrary exercise of power by the executive. In Sri Lanka, judicial power has been reduced so much that the judiciary can no longer play its role in any significant manner to protect the people who seek legal redress against human rights abuse.

Torture by police and extrajudicial killings are among the most common abuses in the country; the same is true for forced disappearances, illegal arrests and detentions. The judiciary is unable to ensure fair trials because of extraordinary delays and limited resources. It is impossible to protect the rights of women due to the failures of the justice system. For example, a law about domestic violence has been rendered ineffective during the process of implementation. People in the north and the east are neglected and are without legal protection.

People have a right to a fair trial, to freedom of expression and freedom of association. They also have a right to form a government after free and fair elections.

They have a right to the truth, compensation in case of past violations when they endured the loss of life, liberty and property.

In short, citizens have become powerless before the might of the state, and the government uses a comprehensive system of violence and security controls to suppress them.

In the midst of this, poverty among a large section of the population is increasing whilst the government claims that it is achieving higher development, one that excludes human development.

With respect to that, what can ordinary people do to regain their rights?

The people of Sri Lanka are already doing a lot. Ordinary people must learn to speak up and have their voice heard, despite the widespread repression they can experience. The weak point in the country’s human rights movements is the lack of documentation about all the violations that take place. At a time when all sorts of appropriate instruments are available, from cameras to tape recorders, it is inadmissible not to document what is happening.

Do you think the country’s religious leaders can play an important role in achieving this?

This is a possibility. However, the past record of religious leaders on this issue is not very good. It is strange to see how the religious leaders have kept silent about the widespread problem of police torture around the country. Every day, this is happening at every police station. But religious leaders have never spoken up against such a grave violation of human rights. This illustrates a lack of understanding of human rights by the religious leaders. Many of them suffer from a certain mindset. Caste-based ideas are still very deep in Sri Lanka. Religious leaders also have this kind of mentality. This is also evident in the way religious leaders deal with women. Their ideas about sex and gender are feudal. As long as they do not deal with their own prejudices, they cannot deal with the violence in society. Sri Lanka is a violent society. Religious leaders should ask themselves if they are not also responsible for this.

TAGs
Send to a friend
Printable version
CLOSE X
See also
'Alternative Nobel' goes to Sri Lankan Catholic Basil Fernando
26/09/2014
PMS Director: The mission is not only for priests and nuns, but for all the baptised
21/10/2019 13:02
Our Lady of Madhu Shrine to reopen 8 December
24/11/2008
2018, a year full of protests in Sri Lanka
23/05/2018 17:53
Blessed Vaz’s mission, an example to follow in the current political crisis
18/01/2007


Newsletter

Subscribe to Asia News updates or change your preferences

Subscribe now
“L’Asia: ecco il nostro comune compito per il terzo millennio!” - Giovanni Paolo II, da “Alzatevi, andiamo”