HRCSL reaffirms state institutions’ legal duty to follow its recommendations

The Human Rights Commission of Sri Lanka (HRCSL) has issued an official statement to all heads of state institutions, reaffirming their legal obligation to implement the commission’s recommendations following its investigations.

The statement has been formally communicated to all Secretaries of Ministries, Provincial and Chief Secretaries, Heads of Departments, Heads of Corporations, and Statutory Boards, reminding them of this statutory duty.

According to the HRCSL, Section 15(7) of the Human Rights Commission of Sri Lanka Act empowers the Commission to set deadlines by which state institutions must inform the Commission of the steps taken to implement the recommendations directed to them.

The Commission emphasized that all state authorities are legally bound to comply with this requirement. Additionally, Public Administration Circular No. 17/2005, issued by the Ministry of Public Administration and Home Affairs, clearly directs state institutions to ensure the implementation of the HRCSL’s recommendations.

Despite these clear directives, the Commission has expressed concern over the failure of certain institutions and officials to comply, citing the existence of an “appeal” against recommendations as justification for non-compliance.

The HRCSL firmly states that the Human Rights Commission of Sri Lanka Act provides no legal provision for appealing its recommendations. As such, citing an appeal as a reason for non-implementation is both baseless and unlawful.

The Commission urges all state institutions and public officials to fulfill their legal responsibilities, respect the authority of the Commission, and uphold the fundamental rights of all citizens.

Furthermore, the HRCSL has warned that it will be compelled to take appropriate action against institutions that fail to implement its recommendations.