Peaceful remembrance events wrongfully criminalised: HRCSL raises concern over misuse of ICCPR Act

The Human Rights Commission of Sri Lanka (HRCSL) has expressed serious concerns over the continued misapplication of legal provisions, particularly Section 3 of the International Covenant on Civil and Political Rights (ICCPR) Act, in relation to commemoration events held in the North and East of the country.

In a formal letter issued to the Acting Inspector General of Police (IGP), the HRCSL reiterated its mandate under Section 10(d) of the Human Rights Commission of Sri Lanka Act, No. 21 of 1996, says Nihal Chandrasiri, Media Spokesperson and Director – Research and Monitoring Division at HRCSL. 

The Commission recalled that similar concerns had been conveyed to the Acting IGP’s predecessor in May 2024 regarding the arrest of individuals participating in peaceful remembrance events, including protests, under the guise of preventing incitement to violence.

The HRCSL pointed out that these acts of remembrance — particularly those commemorating Tamil civilians who perished during the armed conflict in 2009 — have been wrongfully criminalised. 

“The Commission was concerned by the misapplication of section 3 of the International Covenant on Civil and Political Rights Act, No. 56 of 2007 (ICCPR Act) to arrest persons who engaged in peaceful acts of remembrance, including the staging of peaceful protests,” the statement said.

The Commission also highlighted reports that the police have been seeking temporary court orders under Section 106(1) of the Code of Criminal Procedure to halt such events. 

It noted that “some of these applications were dismissed” by the judiciary, reaffirming the right to peaceful expression.

Emphasising the constitutional protections afforded to citizens, the HRCSL declared, “Peaceful acts of commemoration cannot be considered forms of incitement to discrimination, hostility, or violence, and are protected under the right to the freedom of speech and expression guaranteed under Article 14(1)(a) of the Sri Lankan Constitution.”

Furthermore, the HRCSL warned that misusing the ICCPR Act could lead to harassment and the unjust denial of bail, amounting to violations of constitutional rights. 

It clarified that commemorative acts “form part of ‘collective reparations’, and the Sri Lankan state has a statutory duty to respect and protect the right to collective reparations under the Office for Reparations Act, No. 34 of 2018.”

In light of these concerns, the Commission has made several recommendations to the Acting IGP. It called for the issuance of “clear guidance, in all three languages, to all divisions of Sri Lanka Police” recognising peaceful commemoration as a legal and protected activity. 

The Commission further urged that officers-in-charge across administrative divisions be directed to “refrain from seeking court orders preventing any peaceful acts of commemoration.”

“It should be emphasised that acts that do not amount to advocacy of national, racial, or religious hatred that constitutes incitement to discrimination, hostility or violence, should be respected and protected,” the statement added.

The HRCSL’s intervention comes in the wake of a November 2024 pledge by the newly elected government, which stated it would not interfere with peaceful commemorative events. Despite this assurance, police actions have reportedly contradicted that policy, it said.