ECONOMYNEXT – The Human Rights Commission of Sri Lanka (HRCSL) has asked that government institutions, including law enforcement, respect activists advocating for the rights of Rohingya asylum seekers.
“The HRCSL expressed deep concern that human rights defenders (HRDs) advocating for the rights of Rohingya asylum seekers have forwarded complaints to the HRCSL with respect to harassment by law enforcement officials on account of their legitimate activities,” HRCSL said in a statement.
“All state institutions, including law enforcement authorities, should respect the rights of HRDs to express themselves and organise and participate in peaceful assemblies for the purpose of protesting any government policy, including any decision to repatriate Rohingya asylum seekers.”
“State institutions should refrain from threatening, intimidating, or harassing HRDs who organise and participate in such peaceful assemblies.”
On 19 December 2024, a multi-day trawler carrying 116 persons, including 57 children, from the Rohingya community in Myanmar drifted towards the coast off Mullivaikkal in Mullaitivu.
The Sri Lanka Navy escorted the boat to Trincomalee. They asylum seekers were brought before the Trincomalee Magistrate and eventually detained at the Mullaitivu Air Force Camp.
The North-East coordinating committee (NECC), a group of civil society organizations, women-led community-based organisations and fishermen staged a protest in Mullaitivu against repatriating the Rohingya asylum seekers.
“The HRCSL was later reliably informed that two HRDs were summoned by the Human Trafficking, Smuggling, and Maritime Crimes Investigation Division of the Criminal Investigation Department (CID) to record statements with respect to the said protests,” HRCSL said.
On December 26, HRCSL was denied access to the Rohingya detainees, it said, violating the rights of the commission.
“The HRCSL is empowered under section 11(d) of the HRCSL Act, No. 21 of 1996 to ‘monitor the welfare of persons detained either by a judicial order or otherwise, by regular inspection of their places of detention, and to make such recommendations as may be necessary for improving their conditions of detention.’”
HRCSL said it will take necessary action to summon parties for an inquiry in terms of the HRCSL Act.
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The key recommendations of the HRCSL report are as follows:
1. The Department of Immigration and Emigration and Sri Lanka Air Force should appoint a focal point to accept aid, including clothing, sanitaryware, and certain food items, particularly for children, and enable such aid to reach the asylum seekers without delay.
2. The Department of Immigration and Emigration and Sri Lanka Air Force should provide regular and meaningful access to state officials with specialisations in child protection and welfare to ensure that the best interests of the children among the asylum seekers are appropriately safeguarded.
3. The Department of Immigration and Emigration and Sri Lanka Air Force should provide access to relevant specialised United Nations entities including UNHCR to ensure that the asylum seekers can be appropriately vetted and, depending on the outcome of the process, formally registered as asylum seekers.
4. The Department of Government Information should take steps to facilitate the access of journalists to the Rohingya asylum seekers so that the Sri Lankan public can be kept informed about their status.
5. The Department of Immigration and Emigration and Sri Lanka Police should take immediate measures to ensure that female asylum seekers at the Mullaitivu Air Force Camp are provided security at all times by trained women police officers, and the Department of Immigration and Emigration and Sri Lanka Air Force should ensure that adequate sanitary facilities are provided to the female asylum seekers.
6. The Department of Immigration and Emigration should take measures to transfer the asylum seekers to a facility that is fit for the purpose of housing men, women and children with specific welfare needs. It was recommended that any detention should be strictly temporary and only to the extent necessary for a considered decision to be taken with respect to the status of an asylum seeker. Therefore, where an asylum seeker is duly registered by UNHCR, they should be released from custody.
7. All state institutions, including law enforcement authorities, should respect the rights of HRDs to express themselves and organise and participate in peaceful assemblies for the purpose of protesting any government policy, including any decision to repatriate Rohingya asylum seekers. State institutions should refrain from threatening, intimidating, or harassing HRDs who organise and participate in such peaceful assemblies.
8. The Government of Sri Lanka should ratify the 1951 Convention on Refugees, the 1954 Convention Relating to the Status of Stateless Persons, and the 1961 Convention on the Reduction of Statelessness, and work towards guaranteeing the rights of refugees and stateless persons within Sri Lanka’s domestic legal system. (Colombo/Feb06/2025)