• According to the 2023 ANNI Report on the Performance of National Human Rights Institutions (NHRIs), the Human Rights Commission of Sri Lanka (HRCSL) performed “averagely” as compared to other NHRIs in Asian countries.

• The HRCSL received an overall score of 21/44 for its  performance across the following categories: independence, mandate, pluralism, protection, and promotion activities. 
• Its key challenges are related to: 1) independence in the selection and appointment process of commissioners and staff; 2) budget cuts; 3) long-pending releases of reports; 4) lack of authority in ensuring implementation of recommendations; 5) prioritisation of cases; and 5) the need for more promotional activities and meaningful engagement with civil society.

COLOMBO, Sri Lanka – 7 June 2024 – Although the Human Rights Commission of Sri Lanka (HRCSL) performed the strongest in terms of “independence,” it is yet to resolve challenges affecting its performance as a human rights institution (NHRI).

These findings are based on the 2023 ANNI Report on the Performance of NHRIs in Asia. NHRIs are independent bodies–created by a country’s law or constitution–mandated to promote and protect human rights. 

During this period, a major challenge to the Commission’s independence was its appointment process, particularly the role of the Constitutional Council in recommending candidates to the President. Additionally, despite having autonomy to conduct investigations without state interference, the Commission’s budgetary control by the state remains a significant issue.

Like other state organisations, the HRCSL also underwent budget cuts, preventing it from effectively carrying out awareness programmes. Due to the state’s bankruptcy, the government could no longer support the Commission’s education programmes in 2021 and 2022. 

Furthermore, the Commission was unable to access funds from external donors due to complex bureaucratic processes. 

Other challenges impacting the HRCSL’s performance were its delays in releasing reports; lack of authority in ensuring the implementation of its own recommendations; poor prioritisation of cases; and lack of promotional activities and meaningful engagement with civil society. 

The Commission’s accreditation status was downgraded from “A” to “B” by the Global Alliance of NHRIs Sub-Committee on Accreditation (GANHRI-SCA) in 2021, owing to changes in the selection and appointment process of the Commission in the wake of the 20th Amendment to the Constitution.

The findings in the report show that  the HRCSL performed the poorest in the “promotion” category. This was exacerbated by the Commission’s lack of international engagement with human rights bodies and networks as well as its delays in releasing its Annual Reports.

On the upside, the HRCSL fared well in terms of operational autonomy and its provisions on appointment and dismissal, under the “Independence” and “Mandate” categories, owing to its broad powers as enshrined in Sri Lanka’s Human Rights Commission (HRC) Act 1996.

Measuring the performance of NHRIs

The biennial report is published by the Asian Forum for Human Rights and Development (FORUM-ASIA) as the Secretariat of the Asian NGOs Network on National Human Rights Institutions (ANNI). Through a civil society assessment, the report reviewed the performance of 13 NHRIs in Asia from 2021 to 2022. The report assesses NHRIs’ compliance with the Paris Principles, the international minimum standards for effective, legitimate, and credible NHRIs. 

The chapter on HRCSL was authored by LST, ANNI’s member organisation in Sri Lanka. It assessed the performance of the HRCSL in the backdrop of the COVID-19 pandemic and the subsequent economic crisis. The chapter launch occurred in Colombo on 30 May 2024, bringing together civil society and HRCSL representatives to discuss the country’s human rights situation.

“In Sri Lanka, many people are looking to the HRCSL to investigate arbitrary detentions and custodial deaths, torture and discrimination, and there are many appeals to the  HRCSL on these issues. The HRCSL has expressed an openness to working with civil society, and we welcome that,” said Sakuntala Kadirgamar, Executive Director of the Law and Society Trust (LST).

“The HRCSL acknowledges the need for further changes and is implementing GANHRI’s recommendations while appreciating civil society’s role in these efforts. The Commission looks forward to continued engagement with civil society through its newly re-launched thematic subcommittee process, providing a forum for constructive dialogue,” said Commissioner Farzana Haniffa.

In South Asia, the NHRIs from India, Bangladesh, and Sri Lanka scored on the lower half of the spectrum, whereas Nepal and Pakistan fared better. 

While most NHRIs assessed in the report scored more than 50 per cent in the “Independence” and “Mandate” categories, this did not necessarily translate into action or effective human rights protection. NHRIs should actively realise their mandates and  collaborate with civil society as well as a diverse range of stakeholders to promote and protect human rights. 

“Many NHRIs in Asia still lack independence in implementing their mandates, especially under increasingly authoritarian governments, increasing budget restrictions, and opaque appointment processes. While there are notable initiatives undertaken by some NHRIs, there is a long way to go in making these institutions truly robust and democratic. FORUM-ASIA will continue monitoring NHRIs’ performance, and advocating for their independence and compliance with the Paris Principles,” said Mary Aileen Diez-Bacalso, Executive Director of FORUM-ASIA.

Call to action

While the GANHRI-SCA has recently reinstated the HRCSL’s “A” status  accreditation, the independence of the Constitutional Council and Commission must be vigilantly protected. 

Although the Council’s powers were initially undermined under the 20th Amendment to the Constitution, they were restored by a subsequent amendment. However, the Council’s composition still requires further formalisation to ensure greater independence and transparency. 

FORUM-ASIA urges the Government of Sri Lanka to ensure the HRCSL’s independence and formalise the participation of civil society in the selection and appointment process of Commissioners.

We urge the government to enable the HRCSL to take disciplinary actions against state officials who do not comply with the Commission’s recommendations. Likewise, we call on the government to either expedite approvals for the HRCSL to hire staff or to amend the HRC Act to allow the Commission to hire staff. We encourage the government to ensure that the Treasury promptly releases funds for the HRCSL.

As for the HRCSL, FORUM-ASIA and ANNI are making the following recommendations:

• Broadly publicise vacancies–ensuring pluralism and civil society involvement in the recruitment process–and establish objective hiring criteria.
• Increase staff recruitments at its offices.
• Prioritise urgent complaints regardless of whether they are high-profile cases or not.
• Publish reports, statistics, and recommendations on time.
• Regularly follow-up complaints.
• Ensure the safety of victims of human rights violations
• Better public and state engagement.
                                                               

The Asian Forum for Human Rights and Development (FORUM-ASIA) is a network of 85 member organisations across 23 countries, mainly in Asia. FORUM-ASIA strengthens movements for human rights and sustainable development through research, advocacy, capacity development, and solidarity actions. It has a consultative status with the UN Economic and Social Council and a consultative relationship with the ASEAN Intergovernmental Commission on Human Rights.

The Asian NGOs Network on National Human Rights Institutions (ANNI) is a network of Asian non-governmental organisations and human rights defenders working on issues related to National Human Rights Institutions (NHRIs). ANNI currently has 33 member organisations from 21 countries or territories. ANNI members strengthen the work of Asian NHRIs in promoting human rights and advocating for better compliance with international standards, including the Paris Principles and General Observations of the Sub-Committee on Accreditation of the Global Alliance of NHRIs. FORUM-ASIA has been serving as the ANNI Secretariat since its establishment in 2006.

The Law & Society Trust (LST) is a not-for-profit organisation engaged in legal research, advocacy, and human rights documentation in Sri Lanka. LST uses rights-based strategies to promote and protect human rights, enhance public accountability, and strengthen respect for the rule of law. 

For media inquiries, kindly contact communication@forum-asia.org. 

Download the 2023 ANNI Report on the Performance of NHRIs here. 

Download the full press release here.

This post was originally published on FORUM-ASIA.

DILI, Timor-Leste–On 27 May 2024, in the spirit of solidarity with the people of Myanmar, the Provedor dos Direitos Humanos e Justiçe/Provedor for Human Rights and Justice (PDHJ) of Timor-Leste hosted the ‘Public Hearing on the Human Rights Crisis in Myanmar.’

The public hearing raised awareness on the human rights and humanitarian crisis in Myanmar. It also provided a safe space for human rights defenders–of diverse backgrounds–from Myanmar to testify in their own words on the atrocities committed by the junta. The testimonies also showcased their hope for the future of Myanmar as well as their calls to action for the Government of Timor-Leste and the international community.

The PDHJ is Timor-Leste’s national human rights institution (NHRI). NHRIs are independent bodies–created by a country’s law or constitution–which are mandated to promote and protect human rights in compliance with the Paris Principles.

The public hearing was presided by PDHJ Chief Ombudsman Virgilio da Silva Guterres and Deputy Ombudsman Maria Marilia X. C. de O. da Costa. It was co-hosted by  Hugo Fernandes, the Chief Executive Officer of Centro Nacional Chega (CNC).

Courageous voices from the ground

More than three years since the attempted coup in February 2021, Myanmar has become a battleground of people’s resistance–the biggest one in the country’s history –against the military junta.

The people’s resistance movement is gaining ground while the junta is losing strength. During this crucial stage, the international community must offer more solidarity and concrete actions to echo the voices of the people of Myanmar; their quest to bring justice and accountability for the victims of the junta’s atrocities; and their courageous calls for a successful transition and rebuilding of Myanmar’s federal democracy.

The public hearing presented testimonies from seven human rights defenders (HRDs) from Myanmar: 1) a woman human rights defender from Karen State in eastern Myanmar; 2) a former political prisoner; 3) a woman human rights defender from Chin State in western Myanmar bordering India; 4) a youth peace activist from Kachin State in northern Myanmar; 5) a women’s rights activist from Karenni State in eastern Myanmar; 6) a Rohingya youth human rights activist; and 7) a Rohingya human rights advocate for accountability and justice.

In their own words (and language), the HRDs highlighted the harsh living conditions of local communities, women, youth, journalists, political prisoners, and ethnic minorities such as the Rohingya after the military’s coup attempt.

They detailed the human rights violations committed by the junta, which has killed more than 5,000 people and arbitrarily detained more than 26,000 political prisoners, including women and children. These violations also include the imposition of the death penalty, extrajudicial killings, arbitrary arrests, abduction, torture, harassment, sexual violence, airstrikes, and the junta’s blockage of humanitarian aid to over 2.7 million internally displaced persons.

All HRDs underscored how the atrocities committed by the junta have violated their human rights, including their right to life, health, education, and sustainable development as well as fundamental freedoms.

The HRDs testified how they–alongside colleagues–are being targeted by the junta for their human rights work and participation in peaceful demonstrations. Such violations have been exacerbated by the junta’s Forced Conscription Law, which is driving tens of thousands of youth to either flee the country or be forced against their will to serve the military.

The testimonies also included inspiring stories of strength, aspirations, resistance, and hope that liberty, human rights and justice would once again prevail in  Myanmar.

The HRDs called on the international community to provide more support–including urgently needed humanitarian assistance–to the people of Myanmar and to take concrete action against the military junta. They also expressed gratitude for Timor-Leste’s–the government and its people–unwavering support and solidarity with the Myanmar people’s fight for democracy and human rights.

Responses from the PDHJ

In his remarks, the Chief-Ombudsman of the PDHJ, Mr. Da Silva Guterres emphasised the Timorese people’s ‘principal and historical responsibility’ to protect human rights and support the struggles of the oppressed, including the people of Myanmar.

The PDHJ also reiterated its strategic role as the current Chair of the Southeast Asia National Human Rights Institution Forum (SEANF) to engage with other NHRIs to address the human rights crisis in Myanmar.

During the open dialogue, questions from participants ranged from exploring the specific role of PDHJ in addressing the crisis in Myanmar to the effectiveness of ASEAN regional human rights mechanisms, particularly the ASEAN Intergovernmental Commission on Human Rights (AICHR).

The AICHR has been publicly silent on Myanmar’s decades-long situation of grave human rights violations, especially in the past three years since the attempted coup.

‘As the Provedor of Human Rights and Justice of Timor Leste and the Chair of SEANF, we can engage with parliament and government officials both within our country and across ASEAN to address the human rights crisis in Myanmar. This includes highlighting the challenges faced by human rights defenders in Myanmar, which must be prioritised. While Timor Leste aspires to join ASEAN, this should not be a reason for us to overlook the situation in Myanmar,’ said PDHJ Chief Ombudsman Da Silva Guterres.

The PDHJ’s public hearing was supported by CNC, Progressive Voice, the Asian Forum for Human Rights and Development (FORUM-ASIA), Alternative ASEAN Network on Burma (ALTSEAN-Burma), and Initiatives for International Dialogue (IID).

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For media inquiries, please contact:

• Khin Ohmar, Progressive Voice, info@progressive-voice.org
• Communication and Media Programme, FORUM-ASIA, communication@forum-asia.org
• Debbie Stothard, ALTSEAN-Burma, debbie@altsean.org
• Gus Miclat, Initiatives for International Dialogue (IID), gus.miclat@iidnet.org

This post was originally published on FORUM-ASIA.