DFAT Country Report
Sri Lanka
16 February 2015
Contents
Contents
2
Map
3
1. Purpose and Scope
4
2. Background Information
5
Recent History
5
Demography
5
Economic Overview
6
Political System
8
Security Situation
8
Human Rights Framework
9
3. Refugee Convention Claims
11
Race/Nationality
11
Religion
12
Political Opinion (Actual or Imputed)
14
Groups of Interest
16
4. Complementary Protection Claims
18
Arbitrary Deprivation of Life
18
Death penalty
19
Torture
19
Cruel, Inhuman or Degrading Treatment or Punishment
20
5. Other Considerations
21
State Protection
21
Internal relocation
22
Treatment of Returnees
23
Documentation
25
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DFAT Country Report – Sri Lanka
Map
DFAT Country Report – Sri Lanka
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1. Purpose and Scope
1.1 This country report has been prepared by the Department of Foreign Affairs and Trade (DFAT) for
protection status determination purposes only. It provides DFAT’s best judgment and assessment at
time of writing and is distinct from Australian Government policy with respect to Sri Lanka. The
country report replaces the previous DFAT Country Report on Sri Lanka dated 3 October 2014.
1.2 The report does not represent an exhaustive country overview and has been prepared with regard to
the current caseload for decision makers in Australia. The report does not contain policy guidance for
decision makers.
1.3 Ministerial Direction Number 56 of 21 June 2013 under s 499 of the
Migration Act 1958 states that
Where the Department of Foreign Affairs and Trade has prepared a country information
assessment expressly for protection status determination processes, and that assessment is
available to the decision maker, the decision maker must take into account that assessment,
where relevant, in making their decision. The decision maker is not precluded from considering
other relevant information about the country.
1.4 This report is based on DFAT’s on-the-ground knowledge and discussions with a range of sources. It
takes into account relevant and credible open source reports. Where DFAT does not refer to a
specific source of a report or allegation, this may be to protect the source.
1.5 For more information, see the October 2014 DFAT Thematic Report on People with Links to the
Liberation Tigers of Tamil Eelam.
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2. Background Information
Recent History
2.1 Ceylon achieved independence as a dominion of the United Kingdom in 1948. As a result of a
constitutional change in 1972, the country became an independent republic and changed its name
to Sri Lanka. Starting in 1983, the Liberation Tigers of Tamil Eelam (LTTE) began a military campaign
with the main aim of establishing a separate Tamil state, Tamil Eelam, in the north and east. A
serious civil conflict, broken only by a ceasefire from 2002 until 2006, lasted until May 2009, when
the Government announced its military victory over the LTTE and complete territorial control over
Sri Lanka. Over the course of the conflict hundreds of thousands of people were displaced and tens
of thousands of people were killed.
2.2 In May 2010, then President Mahinda Rajapaksa appointed a Lessons Learnt and Reconciliation
Commission (LLRC) to investigate events from the failure of the ceasefire agreement in February
2002 to the end of the conflict in May 2009. The LLRC report was tabled in Parliament on
16 December 2011. The Government released a National Action Plan to implement the
recommendations of the LLRC report on 26 July 2012 (the National Action Plan).
2.3 On 8 January 2015, Maithripala Sirisena defeated former President Mahinda Rajapaksa in the
presidential election. Sirisena won 51.3 per cent of the vote with historically high voter turnout of
81.5 per cent. He campaigned on a democratic reform, good governance and anti-corruption
platform. An early act of the new Sirisena government has been to establish a Special Presidential
Task Force on Reconciliation charged with “healing the wounds of mistrust and social and cultural
stress generated from extended conflicts and violence between different communities in Sri Lanka”.
As of 13 February 2015, it was not clear to what extent the new taskforce’s mandate would refer to
the recommendations of the LLRC. However, President Sirisena’s 4 February 2015 Declaration for
Peace, which paid respect to all citizens of all ethnicities and religions who had lost their lives due to
the civil conflict, went some way towards implementing one of the key recommendations of the
LLRC. It also contained a pledge to advance reconciliation, justice and equality for all citizens.
Demography
2.4 According to the Department of Census and Statistics, in 2012 Sri Lanka had a population of
approximately 20.2 million. Sri Lanka’s reported average population growth rate was one per cent
per annum between 1981 (the last whole-of-island census) and 2012.
2.5 Approximately 29 per cent of the population lives in the Western Province (composed of the districts
of Colombo, Gampaha and Kalutara) where Sri Lanka’s commercial capital, Colombo, and political
capital, Sri Jayawardenapura Kotte, are located. Approximately five per cent of Sri Lankans reside in
the Northern Province and 7.6 per cent in the Eastern Province. The remainder of the population live
in Sri Lanka’s other provinces.
2.6 Sri Lanka is a multi-ethnic society consisting of Sinhalese, Tamil (of both Sri Lankan and Indian
origin), Sri Lankan Moor, Burgher, Malay, Sri Lanka Chetty and Bharatha. Ethnic groups can be
identified by their language, religion or race.
2.7 Sinhalese are the largest ethnic grouping in Sri Lanka. According to the census, 74.9 per cent of the
population are Sinhalese. Sinhalese are distinguished primarily by their language (Sinhala). The
majority are Buddhists.
2.8 Sri Lanka Tamils are the next largest ethnic group, representing 11.2 per cent of the population.
Sri Lanka Tamils are characterised by their language, Tamil. The majority of Sri Lanka Tamils are
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Hindus. According to the 2012 Census, 43 per cent of Sri Lanka Tamils reside in the Northern
Province, where they constitute approximately 93 per cent of the residents. Just over a quarter of
Sri Lanka Tamils reside in the Eastern Province and 14.8 per cent in the Western Province (which
includes the district of Colombo).
2.9 In addition to Sri Lankan Tamils, Tamils of Indian origin represent 4.2 per cent of the Sri Lankan
population, the majority of whom are also characterised by their language, Tamil, and their Hindu
religion. Indian Tamils are sometimes known as ‘Hill-country Tamils’ or ‘Up-country Tamils’. Fifty-
seven per cent live in the Central Province. During the 1970s and 1980s, Indian Tamils were
progressively granted Sri Lankan citizenship rights or voluntarily repatriated to India.
2.10 The third largest ethnic group are Sri Lanka Moors who represent 9.3 per cent of the population.
Sri Lanka Moors speak Tamil and are generally Muslim. The majority of Sri Lanka Moors live in the
Eastern Province.
2.11 Four major religions are practiced in Sri Lanka: Buddhism; Hinduism; Islam; and Christianity (mainly
Roman Catholicism). According to the census, 70.2 per cent of the population are Buddhist, 12.6
per cent Hindu, 9.7 per cent Muslim, 6.1 per cent Roman Catholic and 1.3 per cent other Christian
denominations, with less than 10,000 from other religions. Buddhists generally follow the Theravada
tradition. The majority of Muslims are Sunnis, although there are a small number of Shias, including
members of the Bohra community.
2.12 Buddhists are concentrated in the southern, central and eastern areas of Sri Lanka. The Northern
Province is predominately Hindu. Muslims are predominately located in the Eastern, Western and
North-Western Provinces. Christians are concentrated in the Western and North-Western Provinces.
Economic Overview
2.13 The Sri Lankan economy has been growing steadily in recent years. Gross Domestic Product (GDP)
in 2013 was estimated to be approximately USD 65 billion–approximately USD 3,100 per capita–
putting it ahead of most other South Asian countries. According to the International Monetary Fund
(IMF), annual GDP growth averaged around six per cent between 2004 and 2009. Since the end of
the conflict, Sri Lanka experienced stronger levels of economic growth of approximately eight
per cent in 2010 and 2011, falling back to approximately six per cent in 2012 and 2013. The rate of
inflation has varied greatly in recent years, but was almost eight per cent in 2013.
2.14 Sri Lanka’s industry structure has shifted from a reliance on agriculture to an increasing emphasis
on the services and manufacturing sectors. The services sector accounts for almost 60 per cent of
GDP. Manufacturing, which accounts for almost 30 per cent of GDP, is dominated by the garment
industry. The agriculture sector, though decreasing in economic importance, accounts for
approximately 11 per cent of national output and employs more than one-third of the workforce. The
public sector remains large, and continues to dominate in the financial, utilities, health and
education sectors.
2.15 In January 2015, the IMF noted that public debt and debt service remain high by international
comparison, reserves are limited, tax revenues are low, and medium-term sustainability depends
heavily on continued growth and a positive external environment. Sustaining Sri Lanka’s growth
would require a continued focus on macroeconomic stability, high and sustained investment in
infrastructure and human capital, and continued progress in fiscal consolidation and debt reduction.
2.16 Sri Lanka’s exports (mainly garments, tea and rubber) were valued at USD 10.4 billion in 2013.
Sri Lanka imports mainly oil, textiles, machinery and food, valued at USD 18 billion which meant
Sri Lanka ran a large trade deficit in 2013. Large numbers of Sri Lankans work abroad and returned
approximately USD 5.4 billion in remittances to Sri Lanka in 2012, the major source of foreign
exchange earnings.
2.17 In December 2014, Transparency International ranked Sri Lanka 85th out of 174 countries in its
Global Corruption Perception Index. There are credible reports of corruption in the public sector.
The Sirisena government, which campaigned on an anti-corruption platform, has established a
corruption commission to look into numerous allegations of corruption during the Rajapaksa
government.
2.18 Sri Lanka ranked 73rd out of 187 countries in the United Nations’ 2014 Human Development
Index, the highest in South Asia. However, there is a continued imbalance in economic development
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and the distribution of wealth in the country. Although conflict-affected areas in the north and east
are recovering, many people in these and other areas remain economically vulnerable.
Economic conditions in the north and east
2.19 During the civil conflict, there were very limited trade and investment links between the north and
the east and the rest of the Sri Lankan economy. However, with the end of the conflict and the
opening of the economy, economic growth has been strongest in the Northern Province, off a
relatively low base. This is due in part to post-conflict reconstruction, particularly in the
infrastructure, transport, agriculture and fishery sectors. This has resulted in broad benefits for the
majority of the population living there, particularly through reductions in the cost of living.
2.20 With the opening of the economy, the introduction of competition has meant that some industries
in the north are now only marginally viable. The agriculture sector, in particular, has struggled to
compete with lower-cost imports from the south and elsewhere. Many major infrastructure projects,
such as the rebuilding of the northern network of railways and the port at Kankasanthurai have been
awarded to foreign companies or those based in the south, due in part to their greater capacity to
undertake major works.
2.21 Local communities in the north have also complained about military involvement in commercial
enterprises which they allege undercut local enterprises. DFAT has observed a number of
commercial businesses in the north operated by the military, including an internal airline, hotels and
road-side rest-stops, though these are also found in other parts of the country. A survey by the United
Nations’ High Commisioner for Refugees (UNHCR) of returned Internally-Displaced People (IDPs) in
the north in June 2013 indicated the military was involved in commercial enterprises and
18 per cent said the military was involved in fishing or farming in their area.
2.22 As of 13 February 2015, the new Sri Lankan Government was publicly claiming that involvement
of the military in civilian activities in the north had ceased.
Employment
2.23 Partly as a result of recent public investment in infrastructure, the formal unemployment rate in
Sri Lanka has fallen from 5.8 per cent in 2009 to around 4.5 per cent in the second quarter of 2014.
Between 2005 and 2012, the rate of unemployment in the north fell from 6.1 per cent to 5.2
per cent and in the east from 15.5 per cent to 4.9 per cent. Other estimates by the independent
Sri Lanka-based Point Pedro Institute using a different methodology suggest that actual rates of
unemployment are much higher, ranging from 21 per cent in Sri Lanka’s Western Province to
33 per cent in the Eastern Province.
2.24 More than 250,000 Sri Lankans leave every year to seek employment abroad and as of 2013, a
total of more than two million Sri Lankans were working abroad, generally to seek higher wages than
those available in Sri Lanka. Low rates of formal unemployment and the high numbers of
Sri Lankans seeking employment abroad have resulted in upwards wage pressures, particularly in
certain high-skilled sectors.
2.25 DFAT considers that relatively strong rates of economic growth and formal unemployment statistics
mask a broader frustration in Sri Lanka about a lack of economic opportunities, including for well-
paid employment, access to government jobs or university entrance. These sentiments were
expressed frequently during the campaign for the January 2015 presidential election. This view is
also supported by a survey conducted by the Development Policy Centre at the Australian National
University on behalf of the Australian Government published in October 2013. The survey found that
an overwhelming majority of those intending to leave Sri Lanka and travel to Australia by irregular
means cited economic reasons for their decision. This included 86 per cent who said they wanted to
leave Sri Lanka because of ‘Australia’s job opportunities’ and 84 per cent who cited ‘a lack of job
opportunities in Sri Lanka’. In summary, DFAT assesses that perceptions of a lack of economic
opportunity, particularly in the north and east, acts as a significant ‘push factor’ for external
migration.
Education
2.26 Public primary and secondary schooling in Sri Lanka is generally very good. High rates of primary
school enrolment (98 per cent) and completion (95 per cent) have resulted in high levels of literacy
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(91 per cent). Education outcomes tend to be lower in the north and east, mostly as a result of the
destruction of infrastructure and loss of human capital during the conflict.
2.27 Where qualified teachers are available, schools offer students and their families the choice of
education in either Sinhala or Tamil. Tamil-language tuition is available both in the north and in the
south (see ‘Ethnicity’, below). English is a course of study for all students from grade one.
2.28 University entrance in Sri Lanka is awarded both according to merit and by entrance scores
modified to take account of a district’s socio-economic indicators.
Health Care
2.29 Public health care is generally free in Sri Lanka. Health outcomes are characterised by high life
expectancy (75 years) and a low rate of infant mortality (14 per 1,000 live births), figures
comparable to those of developed countries. According to the World Bank, this is due, in part, to a
strong focus on the cost-effective preventative and public health service, combined with a
reasonable level of access to curative services. Health outcomes tend to be worse in the north and
east, partly as a result of the destruction of infrastructure and loss of human capital during the
conflict.
Political System
2.30 Sri Lanka is a Democratic Socialist Republic. The President is directly elected and is Head of State,
Head of Government and Commander-in-Chief of the armed forces. Sri Lanka’s President,
Maithripala Sirisena, was elected to office in January 2015. He was formally sworn in on 9 January,
along with the leader of the United National Party (UNP), Ranil Wickremesinghe, as Prime Minister.
As of 13 February 2015, legislation was being drafted to realise President Sirisena’s commitment to
introduce amendments to the Constitution to transfer executive powers exercised by the President to
the Prime Minister, the Cabinet of Ministers and to Parliament. A central commitment of Sirisena’s
election manifesto was to reduce the powers of the Executive Presidency and place a limit on terms
in office (which had been removed by former President Rajapaksa in 2010). The manifesto also
refers to plans to establish independent commissions for the judiciary, police, elections, auditing
institutions and office of the Attorney-General.
2.31 The Sri Lankan Parliament consists of 225 members, of whom 196 are directly elected on a district
basis and the rest by proportional representation. The present Parliament was elected at the last
general election held in April 2010. The now opposition United People’s Freedom Alliance (UPFA)
won 144 seats and the then opposition UNP won 60 seats. Other seats were divided among the
Tamil National Alliance (TNA—which generally contests elections as the Illankei Tamil Arasu Kachchi),
which won 14 seats and the Democratic National Alliance, which won seven seats. Following the
January 2015 presidential election, President Sirisena has the support of at least 188 members of
parliament after the Sri Lanka Freedom Party (SLFP) recognised him as head of the party. Following
implementation of the new Government’s 100 day program, Parliament is scheduled to be dissolved
on 23 April 2015, with parliamentary elections likely in June 2015.
2.32 The next tier of the Sri Lankan political structure consists of provincial councils governing the nine
provinces and over 300 local councils at the grassroots level. The TNA has a majority of seats in the
Northern Provincial Council. After the January 2015 presidential elections, the Uva Provincial
Council was taken over by a UNP Chief Minister and the UPFA supported a Sri Lanka Muslim
Congress (SLMC) Chief Minister in the Eastern Provincial Council. All other provincial councils are
governed by the UPFA. The vast majority of local councils are also run by the UPFA (see also ‘Political
Opinion’, below).
Security Situation
2.33 The conflict between the Government and the LTTE ended in May 2009 with the military defeat of
the LTTE. The security situation in Sri Lanka has greatly improved as a result–no terrorist or large-
scale military attacks have occurred since the end of the conflict. Sri Lankan security forces–military,
intelligence and police–exercise effective control over the entire country.
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2.34 On 31 August 2011, the Government ended a state of emergency which had been in place almost
constantly since 1971. Under the Emergency Regulations, security forces had broad powers of arrest
and detention, including the ability to hold suspects for up to a year without charge. Several
elements of the emergency regulations remain in force under the
Prevention of Terrorism Act 1979 (PTA).
2.35 Some Tamil militant groups, such as the Eelam People’s Democratic Party (EPDP) and Tamil
Makkal Viduthalai Pulikal (TMVP), switched their allegiance to the then Government during the
conflict and played a key role supporting it in the north and east. While these groups have reportedly
renounced paramilitary activities, DFAT is aware of reports that they continue to be active in
Sri Lanka, including in criminal activity. While credible, these reports are difficult to verify.
2.36 Crime rates across Sri Lanka vary, but are highest in Colombo District and tend to be higher in the
Western Province and the Northern Province. The incidence of homicide throughout has fallen
sharply in recent years and is now comparable with other South Asian countries, but the rates of
many other serious crimes, including assault and rape have either remained steady or increased
slightly.
Security situation in the north and east
2.37 The security situation in the north and east has greatly improved since the end of the military
conflict. With the cessation of fighting, the humanitarian situation in these areas has also improved.
The end of the conflict has allowed reconstruction to occur, including the repair of the main highway,
railway and ports linking northern Sri Lanka to the rest of the country. In turn, this has helped to
reduce the cost of transport and of basic goods in northern Sri Lanka.
2.38 Military and security forces maintain a significant presence in the Northern Province, including
Mannar, Vavuniya, Kilinochchi, Mullaitivu and Jaffna Districts. According to the Government of
Sri Lanka, the number of personnel has been reduced by approximately 30 per cent since the end of
the conflict but there may be up to 70,000 Sri Lankan Defence Force troops and up to 15,000
civilian police still stationed in the north.
2.39 Within days of assuming office, the new government led by President Sirisena appointed two
retired senior civil servants as Governors in the Northern and Eastern provinces, with a view to
initiating measures to strengthen civilian administration. These posts were previously held by retired
military personnel. The Government has also commenced discussions on progressively reducing
High Security Zones in the Northern Province and has decided to release land to the public.
Restrictions placed on persons visiting the North that were introduced in October 2014 have been
lifted.
2.40 Under the Rajapaksa government one of the main roles of the security forces in the north and east,
including intelligence operatives, included monitoring of any possible LTTE activity, any form of civil
resistance and anti-Government sentiment. Community members were questioned after they were
visited by Non-Government Organisations (NGOs) or foreign government officials. Although not
officially mandated to do so, in many areas military officers and personnel took a visible and active
role in aspects of civilian life. This included participating in community functions, openings of
development projects such as schools and houses and undertaking community work. The Sirisena
government has publicly claimed that military involvement in civilian activities had ceased, but as of
13 February 2015, it is too early to make an assessment of the accuracy of this claim.
Human Rights Framework
2.41 Sri Lanka is a party to all major international human rights conventions. Many international human
rights are guaranteed in Sri Lanka’s Constitution under Chapter 3 on ‘Fundamental rights’.
2.42 The national human rights body, the Human Rights Commission of Sri Lanka (HRCSL), is charged
with protecting and promoting human rights in law, policy and practice. Citizens are able to petition
the HRCSL about breaches of their fundamental rights. The HRCSL maintains comprehensive inquiry
and investigation processes and publishes annual reports on the number of complaints received and
resolved, including for example, complaints about torture, disappearances, extra-judicial killings,
deaths in custody and arrest and detention. These processes apply only to matters involving
executive or administrative action.
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2.43 In October 2007, the International Coordinating Committee of National Human Rights Institutions
Sub-Committee on Accreditation changed the HRCSL’s accreditation from Status A (compliance with
the
Principles Relating to the Status of National Institutions (the Paris Principles) to Status B
(observer status—not fully in compliance with the Paris Principles or insufficient information provided
to make a determination). At the time, the Sub-Committee on Accreditation noted that the
appointment of the Governing Body in 2006 was done without the recommendation of the
Constitutional Council prescribed in the Constitution, measures to ensure the independent character
and political objectivity of the Governing Body were not taken and the HRCSL had failed to issue
annual reports on human rights as required by the Paris Principles.
2.44 As of February 2015, the new Sri Lankan Government had committed to re-introducing provisions
of the 17th amendment to the Sri Lankan Constitution, with a focus on establishing and
strengthening independent bodies, including in relation to the HRCSL.
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3. Refugee Convention Claims
Race/Nationality
Ethnicity
3.1 The Sri Lankan Constitution provides that ‘no citizen shall be discriminated against on the grounds of
race, religion, language, caste, sex, political opinion, place of birth or any such grounds’.
3.2 However, ethnicity is highly politicised in Sri Lanka and tends to be bound together with issues of
language and religion. These three issues are defining features of day-to-day life in Sri Lanka. Most
Sri Lankans tend to live alongside members of their own ethnic groups. However, major urban areas
are more integrated, where ethnic groups live in close proximity to each other. Colombo is highly
integrated–with roughly equal populations of Sinhalese, Tamils and Muslims. This high level of
integration is due in part to internal relocation by Tamils and Muslims from other parts of the country
during the conflict but also to the economic opportunities available in Colombo. Because the north
and east were isolated from the rest of the country for almost 30 years as a result of the conflict,
these areas tend to be less well integrated. Relatively few Sinhalese or Muslims who left these areas
during the conflict have returned.
3.3 In 1956, the ‘Sinhala Only’
Official Language Act was introduced, making Sinhala Sri Lanka’s only
official language. The 13th Amendment to the Constitution in 1987 subsequently recognised Tamil
as the second official language. Under the Government’s ‘Trilingual Policy’, introduced in 2012, all
people have the right to communicate in Sinhala, Tamil or English in all parts of Sri Lanka. The
Ministry of National Languages and Social Integration is responsible for implementation of the
Trilingual Policy and all civil servants employed after 1 July 2007 must obtain proficiency in the other
national language–either Sinhala or Tamil–within five years of employment, or they will not receive
annual salary increments.
3.4 In November 2012, the Ministry of National Languages and Social Integration established a phone
hotline for the public to report violations of the Trilingual Policy. According to the Official Languages
Commission (OLC), common complaints have been about notice boards, letterheads, medicine
prescriptions, bus name-boards and some Government circulars not being written in the three
languages. The OLC has also received complaints about the lack of Tamil-speaking police officers,
though these are decreasing, probably due to Tamil-language training programs provided to police
officers.
3.5 Overall, DFAT assesses that there are currently no official laws or policies that discriminate on the
basis of ethnicity or language (‘official discrimination’) including in relation to access to education,
employment or access to housing. DFAT further assesses that there is only a low-level of
discrimination in the implementation of laws and policies. More generally, there is a moderate level
of discrimination between particularly ethnic groups (‘societal discrimination’), largely as a result of
the civil conflict and its causes.
Tamils
3.6 The combined Sri Lankan and Indian Tamil population in Sri Lanka has grown from 2.7 million in
1981 to 3.1 million in 2012, but both populations have fallen as a percentage of the total
population, due in part to large-scale emigration as a result of the conflict. The majority of Tamils are
Hindu, although some are Christian. Tamils live throughout Sri Lanka, but all of the north and much
of the east of Sri Lanka are Tamil-majority regions.
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3.7 There are a number of Tamil parties, the largest of which operate under the umbrella of the Tamil
National Alliance (TNA), which currently has 14 elected members of parliament. The TNA also won a
majority of seats in the Northern Provincial Council. The TNA is part of the new Government’s
National Executive Council and is working with President Sirisena to take forward his 100-day
agenda.
3.8 Since independence in 1948, Sri Lanka has experienced tensions between the majority Sinhalese
and the minority Tamil populations. Sinhalese have traditionally perceived that Tamils received
preferential treatment under British rule. The growing dominance of Sinhala nationalist politics
contributed to the implementation of a series of policy changes during the 1970s designed to assist
Sinhalese, particularly in the areas of education and employment. This meant that many Tamils
faced barriers to education and employment, creating a sense of discrimination among the Tamil
community that was a primary driver of the conflict. Partly as a result of the conflict, successive
Sri Lankan governments have made some efforts to address these ethnic and linguistic tensions
through constitutional, legal and policy changes.
3.9 In practice, Tamil speakers who speak no other language can face difficulties, including in the Tamil-
majority Northern Province. For example, Tamils can sometimes have difficulty communicating with
the police, military and other Government authorities. DFAT assesses that these practical difficulties
are not due to official discrimination as such, but are the result of a lack of qualified language
teachers, the disruption to civilian life caused by the conflict and the legacy of previous
discriminatory language policies.
Monitoring, harassment, arrest and detention
3.10 Many Tamils, particularly in the north and east, expressed a fear of monitoring, harassment, arrest
and detention by security forces under the Rajapaksa government. For example, during the civil
conflict, more Tamils were detained under emergency regulations and the PTA than any other ethnic
group. This was largely due to LTTE members and supporters almost all being Tamil. However, there
were also likely instances of discrimination in the application of these laws with LTTE support at
times imputed on the basis of ethnicity (see also October 2014 Thematic Report on People with
Links to the Liberation Tigers of Tamil Eelam). There are no published statistics on the numbers or
ethnicity of those arrested under the PTA. However, DFAT assesses that there are currently fewer
individuals detained under the PTA than there were during the conflict. The new Sirisena government
has reportedly asked for a list of all detainees held under the PTA for review, and has said it is willing
to work with the International Committee of the Red Cross in providing greater access to detainees
and establishing a comprehensive database on detainees.
3.11 A number of those intending to leave Sri Lanka and travel to Australia by irregular means surveyed
by the Australian National University’s Development Policy Centre, cited persecution and torture as
reasons for leaving. This included 37 per cent who said they wanted to leave Sri Lanka because of
‘persecution in Sri Lanka’ and 36 per cent who cited ‘torture in Sri Lanka’. DFAT assesses that these
fears are significant ‘push factors’ for external migration.
3.12 However, the cessation of the forced registration of Tamils suggests the trend of monitoring and
harassment of Tamils in day-to-day life has generally eased since the end of the conflict. According to
the United Nations’ High Commissioner for Refugees’ (UNHCR) eligibility guidelines released in July
2010, due to the improved human rights and security situation there was ‘no longer a need for group
based protection mechanisms or for the presumption of eligibility for Sri Lankans of Tamil ethnicity
originating from the north of the country’.
Religion
3.13 The Sri Lankan Constitution guarantees freedom of religion and belief while giving Buddhism a
‘foremost place’. Attacking places of worship or religious objects is punishable with a fine and/or a
maximum of two years imprisonment. Acts intending to insult religion are punishable by a fine
and/or a maximum of one year imprisonment.
3.14 There is a place for religions other than Buddhism in public life. Prominent Buddhist, Hindu, Muslim
and Christian leaders are invited to all national functions, although only Buddhist rituals are
performed at most events. Government dignitaries host and attend important events for different
religions and Sri Lanka recognises religious holidays for all four religions. In the current government,
there are four Ministers each with portfolio responsibilities for the four major religions.
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3.15 School students are able to study their choice of Buddhist, Hindu, Muslim and Christian religions in
most public and private schools, depending on the availability of teachers. There are also public
schools for Hindu and Muslim students.
3.16 DFAT assesses there is little official discrimination on the basis of religion. There are no official
laws or policies that discriminate on the basis of religion.
3.17 Religious tension rose after mid-2012, although the new Sirisena government has publicly said it is
committed to ethnic and religious reconciliation. In a 2013 report, the Centre of Policy Alternatives
(CPA) listed 65 cases of attacks on places of worship throughout the country between May 2009 and
January 2013. The majority of cases reported by CPA were against evangelical Christian churches.
The majority of incidents, where perpetrators were identified, were instances of Sinhala Buddhist
attacks on other religious places of worship.
3.18 According to the SLMC, the largest Muslim political party in Sri Lanka, there were at least 241 anti-
Muslim attacks and 69 anti-Christian attacks during 2013, some of which involved physical violence
or the destruction of property. While charges have been laid in some cases and other cases have
been settled between the parties, many attacks were not investigated. In April 2014, the former
Government established a special police unit to investigate ‘complaints relating to religious matters’.
In the latter part of 2014, there was a drop in reported anti-Muslim attacks.
3.19 DFAT assesses that most members of religious groups in Sri Lanka are able to practise their faith
unmolested. However, the risk of harassment or violence increases where practitioners attempt to
proselytise or to carry out ‘unethical conversions’ which generally involves a financial inducement to
convert religion.
Muslims
3.20 The Muslim community is the fastest growing in Sri Lanka. Between 1981 and 2012, Sri Lanka’s
Muslim population grew 75 per cent, from 1.12 million to 1.97 million. The majority of Muslims in
Sri Lanka are Sunni, with a very small Shia minority, including members of the Bohra community.
Most speak Tamil as their first language. Muslim communities are found throughout Sri Lanka, but
larger communities exist in the east, in Ampara, Batticaloa and Trincomalee and the west, in Mannar
and Puttalam.
3.21 The SLMC is the largest Muslim party in Sri Lanka, with eight members of parliament and is a
member of the Sirisena coalition government. Leader of the SLMC, Rauff Hakeem, serves as
Minister of Urban Development, Water Supply and Drainage in the Government’s cabinet. Another
Muslim party with elected members of parliament is the All Ceylon Muslim Congress, also a member
of the Sirisena government.
3.22 Although most Muslims sided with the Sinhalese Government forces during the civil conflict, there
has been a recent rise in religious tensions between Muslims and the Sinhala-speaking Buddhist
majority, including with nationalist groups such as Sihala Ravaya (Sinhalese Roar) and Bodu Bala
Sena (Buddhist Power Force).
3.23 For example, in early 2013, Sinhalese Buddhist nationalist groups called for the removal of Halal
certification of food produced in Sri Lanka, which they objected to on religious and economic
grounds. The apex religious body of Muslims in Sri Lanka, the All Ceylon Jamiyyathul Ulama (ACJU)
agreed in March 2013 to stop issuing Halal certification, other than for products produced for export
to Islamic countries.
3.24 There have been a number of incidents of verbal and physical attacks on Muslims and Muslim
businesses. For example, in March 2013, a Buddhist mob attacked the warehouse of a Muslim-
owned business at Pepiliyana near Colombo. The alleged perpetrators were released without charge.
In August 2013, Buddhist monks attacked a new mosque at Grandpass in Colombo, resulting in
several injuries. The attack came as a result of the establishment of the new mosque to replace an
older mosque nearby which had been scheduled for demolition for development purposes. The issue
was resolved with an agreement to remove the new mosque and rescind the decision to demolish
the old mosque, which would instead be expanded.
3.25 Violent civil unrest between Buddhists and Muslims in several towns in the Kalutara District in
Sri Lanka’s Western Province in June 2014 resulted in four deaths and more than 80 injuries. Three
of those killed were Muslims, the fourth was a Tamil security guard at a Muslim-owned farm.
DFAT Country Report – Sri Lanka
13
Following the riots, police imposed a two-day curfew and acted to prevent further protests in the
area.
3.26 DFAT assesses that, like other religious groups, Muslims in Sri Lanka are not subject to official
discrimination and are generally able to practise their faith unmolested. Muslims in Sri Lanka are
able to exercise their political will to elect representatives of Muslim parties. However, Muslims face
a moderate level of societal discrimination, as evidenced by the 2013 campaign against Halal
certification in Sri Lanka.
3.27 Although many Muslims are employed in agriculture and fisheries, many are also employed in
business, industry and in the civil service. DFAT has no evidence to indicate that Muslims are
economically disadvantaged in Sri Lanka.
3.28 The recent rise in attacks had reversed by late 2014 and DFAT’s current assessment is that, given
the size of the Muslim population in Sri Lanka and the relatively low number of incidents of violence,
there is a low risk of political or religious violence for Muslims in Sri Lanka.
Political Opinion (Actual or Imputed)
3.29 Democratic elections have been held on a regular basis since independence in 1948. Elections
have not been marred by large-scale violence or rigging but cannot always be described as entirely
free and fair. Despite fears to the contrary, the conduct of the Presidential election on 8 January was
peaceful and orderly, and witnessed a historically high voter turnout of 81.5 per cent. In its interim
report on the Presidential election, the Commonwealth’s Observer Mission stated that although the
result reflected the will of the people, “the inadequate electoral and legal framework coupled with an
unequal pre-electoral environment means that this electoral contest did not comply with all the key
benchmarks for democratic elections”.
3.30 Provincial Council elections were held in September 2013 in Sri Lanka’s Northern Province, North-
western Province and Central Province. The Northern Province had been centrally controlled since
the end of the civil conflict, and the election was won by the Tamil National Alliance (TNA). Based on
a relatively high voter turn-out of 68 per cent, the TNA won 78 per cent of the vote and 30 out of 38
seats. The Commonwealth’s Observer Mission reported that in its overall assessment, voters were
able to express their will but the ‘elections did not fully meet key benchmarks for democratic
election.’ This includes, for example, reports of the military supporting UPFA candidates and some
incidents of violence in the pre-election period.
3.31 In March 2014, provincial council elections were held in the Western Province and Southern
Province. The UFPA maintained a clear majority in both provincial councils. Although more than
1,000 election law violations were reported across both provinces, according to independent
Sri Lankan observers, the elections were conducted in a relatively free and fair manner. The Uva
Provincial Council elections were held in September 2014 in a relatively similar atmosphere.
Political representation of minorities, including ethnic and religious minorities
3.32 Sri Lanka has no constitutional, legal or other restrictions barring minorities from participating in
politics on the same basis as any other citizen. Sri Lanka has a diverse political landscape, with 64
registered political parties. Individual parties represent Sinhala and Tamil nationalists, Buddhist,
Muslim, as well as secular, left-wing and liberal interests. Since 1989, no party has been able to
claim a majority in Parliament in its own right. Parties therefore tend to group into broad coalitions in
which ethnic and religious minority parties often hold the balance of power.
3.33 Political representation in Parliament is broadly proportional to the overall population–there are
27 Tamils and 18 Muslims out of a total of 225 members. President Sirisena presides over a diverse
coalition, consisting of more than a dozen political parties including Muslim, Tamil and Buddhist
parties. There are two Tamil and four Muslim Ministers in the current Cabinet. Two Tamils and one
Muslim serve as State Ministers and one Tamil and two Muslims serve as Deputy Ministers in the
current Government.
3.34 There are currently no banned political parties in Sri Lanka. Political parties are generally free to
operate, subject to legal restrictions. This applies both to high-profile elected representatives and
office holders and low-profile party members, supporters and volunteers, including people putting up
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fliers or handing out leaflets. There is no evidence to suggest this differs between representatives of
Sinhalese, Tamil, Muslim or other parties.
3.35 However, a number of organisations remain banned in Sri Lanka. The LTTE was first designated as
a proscribed organisation in Sri Lanka in 1998. The proscription was lifted in 2002, but re-imposed
since 2009. These organisations and individuals may be subject to legal constraints on their
activities in Sri Lanka (see also the October 2014 Thematic Report on People with Links to the
Liberation Tigers of Tamil Eelam).
3.36 In addition, under the
Prevention of Terrorism Act (PTA), certain actions by political parties or
groups can be restricted. According to the PTA, any person who “causes or intends to cause
commission of acts of violence or religious, racial or communal disharmony…” can be sentenced to a
maximum of five years imprisonment.
3.37 Other than the proscription of banned organisations as outlined above, DFAT assesses that there
are no official laws and policies that discriminate on the basis of political opinion nor is there
systemic political discrimination against any particular group.
Attacks or restrictions on Government opponents, critics and civil society activists
3.38 Article 14(1) of Sri Lanka’s Constitution guarantees freedom of speech and expression, freedom of
peaceful assembly and freedom of association. However, DFAT assesses that tolerance for political
dissent in Sri Lanka can be limited. Under the previous Rajapaksa government, active anti-
Government critics were often described as ‘LTTE or terrorist sympathisers’ who ‘want to destroy
Sri Lanka’ and risked attracting adverse attention by Government authorities, their agents or
supporters. This included monitoring, harassment, arrest and detention. However, the Sirisena
government has publicly committed to lifting surveillance of NGO workers and journalists and
allowing freedom of speech. Activists and journalists have confirmed government pressure has lifted.
3.39 Although there are no widespread or systematic restrictions against opposition political parties,
there were a number of examples of harassment of high-profile political figures under the Rajapaksa
government. For example, former Chief of Defence Force General Sarath Fonseka was taken into
custody and charged with ‘military offences’ soon after the 2010 Presidential elections in which he
was the leading opposition candidate. He was sentenced to three years imprisonment and released
in May 2012 after serving 20 months. Fonseka joined the Sirisena coalition and has had his civil
rights and military honours restored under the new government.
3.40 Parties engaging in political activities in the north, particularly the TNA, were subject to harassment
and monitoring under the previous government. For example, the Commonwealth Observer Mission
reported a number of incidents of election violence against TNA candidates prior to the provincial
council elections in September 2013, including an attack on the house of candidate Ananthi
Sasitharan which injured eight people.
3.41 Violent confrontations between members of the same party or their coalition allies have also been
reported. For example, five people were reportedly shot and wounded at a rally between supporters
and opponents of then opposition leader Ranil Wickremesinghe (now Prime Minister) in Matara in
the Southern Province on October 2013. In a separate incident in 2011, then Government Member
of Parliament Duminda Silva was involved in a shoot-out with then Presidential Advisor Bharatha
Lakshman Premachandra which resulted in the latter’s death.
3.42 Protests occur frequently in Colombo and elsewhere, organised by a broad range of groups,
including opposition political parties, NGOs, students and ordinary citizens. Lawful protests are
generally permitted, but the Rajapaksa government generally prevented protests about sensitive
political issues such as the commemoration of LTTE fighters who died in the civil conflict. This is yet
to be tested under the Sirisena government.
3.43 Police sometimes intervene to disperse protests if they judge the situation is becoming hostile. For
example, in March 2014, police used water cannon and tear gas to disperse a protest organised by
the Inter-University Student Federation about proposed cuts to higher education funding. Other
protests have been suppressed with greater force. In August 2013, the army killed three persons
and injured a number of others protesting against pollution of the water supply in Weliweriya outside
of Colombo.
DFAT Country Report – Sri Lanka
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Non-Government Organisations (NGOs)
3.44 There are a broad range of Non-Government Organisations (NGOs) and civil society groups active in
Sri Lanka. Under the previous Rajapaksa government, NGOs were required to register with the
National Secretariat for NGOs, which has operated under the Ministry of Defence and Urban
Development since 2010. In February 2015, under the new Sri Lankan Government the NGO
Secretariat was shifted from the purview of the Ministry of Defence and placed under the Minister of
Policy Planning, Economic Affairs, Child, Youth and Cultural Affairs (who is also the Prime Minister)
3.45 DFAT assesses that, under the previous Rajapaksa-led government, NGOs and their staff,
especially those working on human rights issues, faced challenges while executing their duties.
Sri Lanka’s state-run media regularly accused NGOs and civil society activists of being traitors, LTTE
sympathisers or supporters or being backed by ‘foreign’ or ‘western’ powers. NGO and civil society
workers often reported threats (including death threats) and intimidation. NGO workers often
reported being detained and questioned by the authorities, having their offices searched and
equipment and documents seized. International NGO staff sometimes faced difficulties obtaining or
renewing work visas. NGOs, particularly in the north, sometimes reported difficulties implementing
projects relating to sensitive subjects, such as psychosocial counselling, governance issues and legal
aid. NGOs and their staff have reported that this environment has changed under the Sirisena
government, although it is too early to assess whether the positive changes will be permanent.
3.46 In recent years there have been a small number of reports that NGO workers in the north have
been abducted or detained and subsequently released. For example, on 16 March 2014, human
rights activists Ruki Fernando and Catholic priest Father Praveen were arrested under the PTA. Both
were released soon after their arrest.
Groups of Interest
Media
3.47 Article 14(1)(a) of Sri Lanka’s Constitution guarantees ‘freedom of speech and expression,
including publication.’ Sri Lanka ranked 165th of 179 countries on the Reporters Without Borders
Press Freedom Index 2014. Although the level of formal censorship of national security and defence
issues has been relaxed in recent years, DFAT assesses that most Sri Lankan journalists and editors
practiced some form of self-censorship due to fears of reprisal. Of the large number of Sri Lankan
journalists who live in exile abroad, few have returned to Sri Lanka.
3.48 The new government led by President Sirisena has taken numerous early steps to improve media
freedom - a key element of his election manifesto - including by discontinuing the previous
government’s practice of referring visas for clearance to the Ministry of Defence, particularly in
relation to journalists reporting on the situation in the Northern Province. The government has
announced that all foreign media personnel are now welcome to visit Sri Lanka and travel to and
report from any part of the country, freely, without fear of intimidation. In addition, websites that
were blocked were unblocked and an open invitation was extended to all media personnel living in
exile to return to the country. The government has also publicly stated that journalists are free to be
as critical of the government as they wish.
3.49 State-owned media consists of two television stations, a radio station (with eight channels) and a
large newspaper group (publishing newspapers in Sinhala, Tamil and English). There are also many
privately owned and operated television and radio stations, newspapers, magazines and websites
which broadcast and publish in Sinhala, Tamil and English.
3.50 A draft Code of Ethics for the Media was released in May 2013 by the Ministry of Mass Media and
Information, but was withdrawn after considerable media and civil society criticism that it would
prevent Sri Lankan media from publishing material critical of the Government. The Press Complaints
Commission of Sri Lanka has a code of practice endorsed by the International Federation of
Journalists.
3.51 DFAT assesses that incidents of violence against journalists have dropped in frequency in recent
years, and the situation looks set to improve considerably under the new government led by
President Sirisena. According to the Committee to Protect Journalists, there have been no journalists
killed in Sri Lanka since the end of the conflict in 2009. However, one media worker—cartoonist
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Prageeth Ekneligoda—disappeared in 2010. There have not been any conclusive investigations into
past killings or abductions of journalists.
3.52 DFAT is aware of a number of attacks against particular media outlets in recent years, including
police raids against the offices of media organisations, attacks against individual journalists and
editors and arson and other attacks against media organisations. For example, the offices of Jaffna-
based Tamil newspaper
Uthayan were reportedly set alight by attackers in April 2013.
Women
3.53 Article 12(2) of Sri Lanka’s Constitution guarantees that no citizen shall be discriminated against
on the grounds of sex. Sri Lanka is a party to the Convention on the Elimination of All Forms of
Discrimination Against Women. Although women are considered equal under civil and criminal law,
in matters relating to divorce, custody of children and inheritance, the law favours males.
3.54 There have been several high-profile women in Sri Lanka’s political history, including three-time
Prime Minister Sirimavo Bandaranaike and her daughter, former President Chandrika Bandaranaike
Kumaratunga. More generally though, women’s participation in politics is very low, even compared
with other South Asian countries. Of the 225 members of Sri Lanka’s current Parliament elected in
2010, fewer than six per cent are women. While there were no female ministers under the previous
government, the current government has two female ministers, one state minister and two deputy
ministers. Women have also featured in other important positions, such as former Chief Justice
Shirani Bandaranayake.
3.55 Rape and domestic violence are criminalised under the
Prevention of Domestic Violence Act No. 34
of 2005. Marital rape is an offence only in cases where the individuals are legally separated. Sexual
harassment is punishable under Section 345 of the
Penal Code (Amendment) Act No. 22 of 1995
and can carry a maximum five-year prison sentence. Incidents of sexual assault and rape have
increased in recent years, and tend to be higher in remote areas. A majority of cases are likely to go
unreported due to associated social stigma. Domestic violence is also reported to be high, but is also
likely to be underreported. The Asian Human Rights Commission has said that most cases reported
to authorities result in ‘settlements’ which do not proceed to prosecution, although sentences are
sometimes given in serious cases. President Sirisena’s election manifesto also focused on taking
action to prevent the abuse of women (and children), including speeding up the trial process for
these offences. It is too early to assess how effectively this will be implemented.
Conditions for women in the north and east
3.56 There are approximately 89,000 female-headed households in the north and east, many of whom
were widowed during the conflict. Women in these situations face many challenges, including a lack
of physical security for their family, a lack of permanent housing and economic opportunities and
difficulties accessing health services.
3.57 There have been a number of allegations of sexual assaults and rape attributed to the Sri Lankan
military in the north and east. While the military has been blamed for taking advantage of
economically vulnerable women, credible NGOs report that some women, particularly war-widows,
may also have been forced into prostitution as an economic necessity.
Sexual Orientation and Gender Identity
3.58 Same-sex sexual activity is a criminal offence in Sri Lanka. Persons can be given sentences of up to
10 years imprisonment for ‘carnal intercourse against the order of nature’ or for acts of ‘gross
indecency’. While there have been arrests, there have been no convictions since independence in
1948, and DFAT assesses that the private practice of homosexuality itself is generally tolerated.
3.59 NGOs working in this sector report regular harassment of lesbian, gay, bisexual, trans or intersex
(LGBTI) individuals, especially in rural areas outside Colombo. Such incidents generally go
unreported to Sri Lankan authorities. There are few support mechanisms for LGBTI individuals in the
community except through a small number of NGOs working in this area. There are a number of high-
profile LGBTI individuals, particularly in Colombo. LGBTI ‘Pride’ events take place annually in the
capital without sparking protests or reaction by the authorities.
DFAT Country Report – Sri Lanka
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4. Complementary Protection Claims
Arbitrary Deprivation of Life
4.1 Incidents of extra-judicial killing, disappearances and kidnappings for ransom occurred frequently in
Sri Lanka during the civil conflict, particularly in the north and east. These were attributed to
Sri Lankan security forces, the LTTE and paramilitary groups, although some victims were also killed
or abducted in relation to business or personal disputes. DFAT assesses that the number of
incidents of extra-judicial killing, disappearances and kidnappings for ransom has fallen
considerably since the end of the conflict.
Extra-judicial killings
4.2 There were two reports of extra-judicial killings made to the Human Rights Commission of Sri Lanka
(HRCSL) in 2012, down from 21 in 2008. These do not appear to be targeted against any particular
groups and may be the result of a criminal, rather than political motivation.
4.3 In some cases, perpetrators of extra-judicial killings have been charged and convicted. For example,
former Deputy Inspector-General of Police Vass Gunawardena was remanded in custody in June
2013 for his alleged involvement in the murder of businessman Mohamad Shiyam in May 2013.
Gunawardena was also suspected to be involved in the execution killing of five people and others
while he was stationed in the Kahawatte district of Sri Lanka’s Sabaragamuwa Province. He has
been held on remand pending the establishment of a special trial by Sri Lanka’s High Court.
Enforced or involuntary disappearances
4.4 According to the International Committee of the Red Cross’ (ICRC) 2014 Annual Report, over 16,000
Sri Lankans remained missing or unaccounted for since 1990. The great majority of these cases
occurred during the 30-year civil conflict.
4.5 As of 2012, the UN Working Group on Enforced or Involuntary Disappearances had received 5,676
cases of involuntary disappearances which remain outstanding in Sri Lanka. 6,535 cases have been
clarified on the basis of information provided by the Government. According to the Working Group,
cases are clarified when the fate or whereabouts of a disappeared person is clearly established,
irrespective of whether the person is alive or dead.
4.6 A number of disappearances of children were also attributed to the LTTE’s recruitment of child
soldiers during the conflict. As of March 2014, 794 tracing applications had been recorded with a
Family Tracing and Reunification Unit established in the Northern Province. A small number of
children have been subsequently reunited with their families.
4.7 There also have been credible reports of enforced or involuntary disappearances since the end of
the conflict. A total of 126 complaints of disappearances were lodged with the HRCSL in 2012, down
from a total of 1,030 in 2008, although some of these complaints have since been resolved.
4.8 There have been some recent disappearances of political activists. For example, political activists
Lalith Kumar Weeraraj and Kugan Muruganandan of the Marxist-Leninist Janatha Vimukthi
Peramuna (JVP) disappeared in Jaffna in December 2011 and have not been seen since. Tamil
businessman Ramasamy Prabhakaran disappeared in February 2012, two days before a
fundamental rights case challenging his detention and abuse during the conflict that he had filed
against senior police officers was due to be heard by the Supreme Court. He has not been seen
since.
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4.9 In August 2013, then President Rajapaksa created a ‘Commission to Investigate Complaints About
Missing Persons’ (the Commission on Disappearances) as a result of the conflict. As of February
2015, more than 20,000 complaints have been made to the Commission. The new government led
by President Sirisena has extended its mandate to 15 August 2015.
4.10 There have also been incidents of kidnapping for ransom as well as incidents of kidnapping that
appear to be politically motivated. No particular group has been the target of these attacks and they
do not appear to be ethnically-based.
Deaths in custody
4.11 Although there are no reliable figures available, some criminal suspects have died while in custody.
In some instances, police argued the deaths were in self-defence. Deaths in custody are generally
unrelated and isolated in nature. Disciplinary and legal actions related to such incidents have been
recorded.
4.12 In addition to deaths in custody, there have been a number of incidents of prison riots (unrelated
incidents in different prisons), resulting in several deaths. For example, following a search of the
Welikada Prison in Colombo in November 2012, a riot resulted in the deaths of 27 prisoners.
Death penalty
4.13 Sri Lanka maintains the death penalty for murder and drug trafficking, although it has not carried
out any executions since 1976. In 2012, media coverage of serious sexual assaults and murders
sparked public calls to implement the death penalty. However, domestic debate on the reactivation
of the death penalty was dampened after the execution of Sri Lankan maid Rizana Nafeek in Saudi
Arabia in January 2013. New Justice Minister Wijedasa Rajapaksha reportedly told senior Buddhist
monks in February 2015 that the death penalty would be implemented if the crime rate continued to
rise. This is at odds with Prime Minister Wickremesinghe’s earlier public statement in January 2015
that Sri Lanka would ratify the second optional protocol (on abolition of the death penalty) to the
International Covenant on Civil and Political Rights.
4.14 The method of execution in Sri Lanka is hanging. Under the
Criminal Procedure Code, all death
penalty sentences have to be appealed and the court will appoint a legal aid lawyer to defend the
accused. Presidential ratification is required for a death penalty to be implemented.
4.15 Although Sri Lankan courts have handed down the death penalty for offences committed since
2004, presidential ratification has not been issued. According to Sri Lanka’s Department of Prisons,
1199 persons were sentenced to death during 2001–2011.
Torture
4.16 Article 11 of the Sri Lankan Constitution, and other laws, prohibit torture. Sri Lanka has ratified the
UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Torture is an offence punishable by imprisonment of between seven years and 10 years.
4.17 In practice, DFAT assesses that there have been credible reports of torture carried out by
Sri Lankan security forces, in some cases resulting in death. Reports of torture come from a wide
range of actors, including political activists, suspects held on criminal charges and civilians detained
in all parts of Sri Lanka, including in relation to suspected LTTE connections. Incidents of torture are
not confined to any particular ethnic, religious or political group.
4.18 Torture may be used to extract information or confessions from suspects. Although evidence
obtained by torture is generally inadmissible in courts in Sri Lanka, for those suspects held under the
PTA, all confessions obtained at or above the rank of Assistant Superintendent of Police are
admissible in court.
4.19 Victims of torture can complain to the HRCSL or directly to the Supreme Court about violation of
their fundamental rights. There were a total of 535 complaints of torture reported to the HRCSL in
2012. However, it is difficult to determine the prevalence of torture with any accuracy which means
that few reports are proved or disproved. Disciplinary action can also be taken if such complaints are
DFAT Country Report – Sri Lanka
19
made against the police or in prisons, but there have been few recent cases where charges have
been brought against police officers for torture.
Torture or mistreatment of returnees
4.20 DFAT is aware of a small number of allegations of torture or mistreatment raised by asylum seekers
who have been returned to Sri Lanka. Verifying these allegations is complicated by the fact that
many have been made anonymously, often to third parties.
4.21 However, there have been thousands of asylum seekers returned to Sri Lanka since 2009,
including from Australia, the US, Canada, UK and other European countries, but relatively few
allegations of torture or mistreatment (see also ‘Treatment of Returnees’, below). Although DFAT
does not routinely monitor the situation of returnees, DFAT assesses that the risk of torture or
mistreatment for the great majority of returnees is low, including those suspected of offences under
the
Immigrants and Emigrants Act. Under the previous government, DFAT assessed that the risk of
torture or mistreatment for returnees was greater for those who are suspected of committing serious
crimes, including people-smuggling or terrorism offences. This was due mostly to the greater
exposure these returnees will have to authorities on their return which generally includes extended
periods of pre-trial detention. It is too early to make an assessment as to whether this will change
under the Sirisena government.
Cruel, Inhuman or Degrading Treatment or Punishment
Detention
4.22 With the exception of those in post-conflict rehabilitation (who are overwhelmingly ethnic Tamil),
the prison population in Sri Lanka is broadly representative of the country’s overall ethnic and
religious composition. In general, prison conditions in Sri Lanka do not meet international standards
because of a lack of resources, overcrowding and poor sanitary conditions.
4.23 Although Sri Lankan law prohibits arbitrary arrest and detention, the
Prevention of Terrorism Act
(PTA) allows authorities to detain suspects without charge for up to 72 hours. Following this, a
suspect must either be produced before a magistrate or can be held without charge under detention
orders for three-month periods not exceeding 18 months. Suspects can be held in irregular places of
detention–not police stations, detention centres or prisons.
4.24 The HRCSL has stated that during 2010 and 2011 complaints about arrest and detention dropped
significantly after the HRCSL began random visits to police stations to check whether illegal
detention or abuse was taking place. Despite some restrictions, the ICRC is generally able to monitor
detainees throughout Sri Lanka, including those held under the PTA. The ICRC is able to visit persons
at their place of arrest including at prisons, police stations and the Terrorism Investigation Division at
police headquarters. The ICRC suspended visits to people held in prisons under the responsibility of
the Ministry of Rehabilitation and Prison Reforms (MRPR), including rehabilitation centres following a
dispute with prison authorities in March 2010. The ICRC resumed monitoring of the centres in April
2013.
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5. Other Considerations
State Protection
5.1 Since the removal of the LTTE’s military and civil administration and the end of the conflict,
Sri Lankan security and police forces have exercised effective control over the entire country. This
has allowed the re-establishment of the Sri Lankan judicial system in the north and east of the
country.
5.2 DFAT assesses there is no law or Government policy which hinders access to state protection on the
basis of religion or ethnicity. Any citizen can exercise avenues of redress through the police, judiciary
and the Human Rights Commission of Sri Lanka. In practice, these avenues may be limited by
linguistic barriers or by a lack of resources for court proceedings. In addition, it is likely that many
Tamils in the north and east are still fearful of police and security officers and are therefore less
likely to seek redress through the police.
Police
5.3 The Sri Lankan Police Service (SLPS) has a notional strength of around 90,000 members and has
responsibility for enforcing criminal and civil laws and maintaining general law and order. The SLPS
maintains a 6,000 member paramilitary Special Task Force (STF). In 2012, the Government
established a 2,000-member auxiliary Civil Defence Force comprised largely of former LTTE cadres.
5.4 With the removal of emergency regulations in 2011, the SLPS became responsible for maintaining
law and order within Sri Lanka. In August 2013, the former Rajapaksa government established a
Ministry of Law and Order to reassign responsibility for the SLPS from the Defence Secretary’s
portfolio, with the President retaining ministerial responsibility for both the Ministry of Law and Order
and the Ministry of Defence and Urban Development. Under the new Sirisena government, portfolio
responsibility for the SLPS has been given to the Minister of Public Order, Disaster Management and
Christian Affairs. The Sirisena government has identified the independence of the police as part of
its agenda for constitutional reform aimed at re-establishing the independence of key state
institutions.
5.5 Language remains a significant barrier for effective policing, particularly in the north and east. There
are reportedly 900 Tamil police officers and 1,500 Tamil-speaking Sinhalese officers deployed to the
north and east, which suggests that relatively few of the approximately 15,000 officers in the north
and east can speak Tamil.
5.6 Any member of the public can make complaints against ill-treatment by police to senior officials in
the chain of police command. The SLPS maintains a separate unit to deal with disciplinary issues of
its members. The public can also lodge complaints with the National Police Commission which
investigates complaints against individual police officers or the police force in general.
Judiciary
5.7 The Sri Lankan judicial system allows victims of harm or ill-treatment to seek protection and redress
from the state. This includes through ‘fundamental rights’ cases lodged directly with the Supreme
Court, which is Sri Lanka’s final appellate court. The Supreme Court also has limited power to review
the constitutionality of Acts of Parliament. Beneath the Supreme Court, the Court of Appeal hears
appeals from the High Court of each province and lower courts, including Magistrates Courts for
criminal cases and District Courts for civil cases.
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5.8 Sri Lanka’s courts are located across the country and Tamil-speaking judges are assigned to courts
in majority Tamil-speaking areas. Consistent with Sri Lanka’s Constitution, a person is presumed
innocent until proven guilty and the onus of proof is on the prosecution, except for offences under
the
Prevention of Terrorism Act (PTA) where the onus is on the person to prove their innocence.
5.9 As a result of lengthy legal procedures, the large number of detainees and a limited number of
qualified police, prosecutors and judges, there can be long delays before a suspect’s case is brought
to trial. Suspects are tried by jury in criminal cases but not in those brought under the PTA. All
suspects have access to legal representation and the right to appeal convictions.
5.10 Where the law dictates, judges are able to exercise a broad degree of discretion in determining a
sentence, depending on the facts of the case. For example, in addition to custodial sentences,
judges can issue fines or order suspended sentences, community service, or probation. DFAT
assesses that the judiciary in Sri Lanka is generally able to exercise its independence in most
criminal and civil cases.
5.11 The Constitution was amended in 2010 to allow the President to appoint senior members of the
judiciary including the Chief Justice and the President and Judges of the Court of Appeal. Former
Chief Justice Shirani Bandaranayake was impeached in January 2013 following a controversial
Parliamentary probe into her financial affairs, representing an erosion of the independence and
impartiality of the Sri Lankan judiciary. Her replacement, Mohan Pieris, was dismissed in January
2015 after President Sirisena decreed that Bandaranayake was not removed in accordance with the
constitution. Bandaranayake was reinstated but retired within 24 hours. Justice K. Sripavan, a
Tamil, was appointed Chief Justice.
5.12 In practice, there can be a lack of effective legal protection and redress for victims of crimes in
Sri Lanka. This is generally due to a lack of resources rather than ethnicity or religion–DFAT is not
aware of any cases over the last few years where persons were denied access to legal remedies
based on ethnicity or religion. In some cases, disputes are settled outside the legal system.
Internal relocation
5.13 Article 14(1)(h) of Sri Lanka’s Constitution allows any citizen ‘the freedom of movement and
choosing his residence within Sri Lanka’ and there are no official restrictions to internal relocation in
Sri Lanka. All citizens, including Sinhalese, Tamils and Muslim Sri Lankans, can relocate to any part
of the country they choose.
5.14 At least 483,000 people have been resettled following the end of the conflict, mostly to their
places of origin. Rather than remain in camps, many Internally Displaced Persons (IDPs) who left
resettlement camps have been housed with host communities due to an ongoing shortage of
housing damaged during the conflict. Approximately 24,000 IDPs in 34 centres have not yet been
resettled, of which approximately 19,000 are located in the Jaffna district. A number of IDPs have
chosen to remain in their area of displacement rather than to return their areas of origin, including
the 75,000 members of the Muslim community displaced by the LTTE during the conflict to Puttalam
in the west of Sri Lanka. The Sirisena government has committed to releasing land and resettling
IDPs as far as possible.
5.15 Although relatively few of the 35,000 Sinhalese who left their homes in the north of Sri Lanka
during the conflict have returned, there are large Tamil and Muslim communities in the south as a
result of internal relocation during the conflict. Many Tamils have chosen to remain in Colombo
rather than return to their former place of residence in the north, due to better job prospects.
5.16 According to the 2012 census, 18 per cent of the total population has relocated to their current
district after being born in another district. The census reported the top five districts to which people
had internally migrated were Colombo district (593,942), Gampaha (563,363), Kurunegala
(202,826), Anuradhapura (169,421) and Puttalam (140,690).
5.17 In 2011, the Government agreed to stop the forced registration of residents in Jaffna and
Kilinochchi by the military after a fundamental rights petition was lodged in the Supreme Court.
Registration of Tamils living in the south no longer occurs.
5.18 In practice, anyone arriving at a new locality will need to register with the local Grama Niladhari
(Village Officer) for administrative purposes such as obtaining documents to confirm place of
residence for school admission, employment, election registration and access to essential services
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such as water etc. In addition, when a citizen purchases land or property they must register with the
local council for land/property tax purposes.
Limitations on internal relocation
5.19 Internal relocation options can be limited by the absence of family connections or by a lack of
financial resources. Many returnees have reported difficulties in accessing basic necessities such as
shelter, food, water and sanitation and rebuilding livelihoods. The continued occupation of private
lands by the military, difficulties establishing title to land ownership or uncleared land mines or
unexploded ordinance can also complicate successful internal relocation, particularly in the north.
5.20 Because Sri Lankan security forces maintain effective control throughout Sri Lanka, it is unlikely
that individuals will be able to relocate internally with any degree of anonymity. In particular, the
Sri Lankan military, intelligence and police maintain a high level of awareness of returned IDPs to
the north and east. For example, according to a 2013 UNHCR survey, 87 per cent of mostly Tamil
IDPs who had returned to their homes in the north and east had been registered by the military and
71 per cent had been visited by the military or the police Criminal Intelligence Division (CID) for
interviews. It is too early to assess whether this will change under the Sirisena government.
5.21 The UNHCR’s December 2012 Eligibility Guidelines for Sri Lanka state that ‘an internal flight or
relocation alternative is not available in Sri Lanka in cases where the feared persecution emanates
from the state itself or elements associated with it’. Sri Lankan authorities retain comprehensive
country-wide ‘stop’ and ‘watch’ lists of those suspected of involvement in terrorist or serious criminal
offences. Although individuals will generally not be able to avoid adverse attention from security
forces in these more serious cases, DFAT assesses that individuals do generally have the ability to
relocate internally to minimise monitoring or harassment by local-level officials for petty issues,
subject to the limitations outlined in paragraph
5.19 above.
Treatment of Returnees
5.22 Article 14(1)(i) of Sri Lanka’s Constitution entitles any citizen to ‘the freedom to return
to Sri Lanka’. Entry and exit from Sri Lanka is governed by the
Immigrants and Emigrants Act (the
I&E Act). Under Section 45(1)(b) of the Act, it is an offence to depart other than via an official port of
entry or exit, such as a seaport or airport. Penalties for leaving Sri Lanka illegally can include
custodial sentences of up to five years and a fine of up to 200,000 Sri Lankan rupees (around AUD
1,600).
5.23 Returnees are generally considered to have committed an offence under the I&E Act if they depart
Sri Lanka irregularly by boat. Where a returnee is travelling voluntarily on their own passport on a
commercial flight they may not come to the attention of local authorities if they departed Sri Lanka
legally through an official port on the same passport, because they have not committed any offence
under the I&E Act.
Exit and Entry Procedures
5.24 Upon arrival in Sri Lanka, involuntary returnees, including those on charter flights from Australia,
are processed by the Department of Immigration and Emigration (DoIE), the State Intelligence
Service (SIS) and Airport CID. Officers of the Australian Department of Immigration and Border
Protection (DIBP) based in Colombo endeavour to meet all commercial flights and charter flights with
involuntary returnees from Australia on arrival. DIBP has observed that processing arrivals typically
takes several hours, primarily due to the manual nature of the interview process and staffing
constraints at the airport. Voluntary returns eligible for an Australian Government Assisted Voluntary
Return package are usually met by the International Organization for Migration. Other voluntary
returnees are usually met by DIBP staff based at the Australian High Commission in Colombo.
5.25 During the processing of returnees, DoIE officers check travel document and identity information
against the immigration database. SIS checks the returnee against intelligence databases. Airport
CID verifies a person’s identity to then determine whether the person has any outstanding criminal
matters.
5.26 For returnees travelling on temporary travel documents, police undertake an investigative process
to confirm the person’s identity, which would address whether someone was trying to conceal their
DFAT Country Report – Sri Lanka
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identity due to a criminal or terrorist background, or trying to avoid, among other things, court orders
or arrest warrants. This often involves interviewing the returning passenger, contacting the person’s
claimed home suburb or town police, contacting the person’s claimed neighbours and family and
checking criminal and court records. DFAT assesses that Sri Lankan returnees are treated according
to these standard procedures, regardless of their ethnicity and religion–Tamil, Sinhalese and Muslim
returnees are treated the same way on arrival in Sri Lanka. DFAT further assesses that detainees are
not subject to mistreatment during their processing at the airport.
Offences under the Immigrants and Emigrants Act
5.27 Most Sri Lankan returnees from Australia are questioned by police on return and, where an illegal
departure from Sri Lanka is suspected, are charged under the I&E Act. DFAT understands that in
most cases, these individuals have been arrested by the police at Colombo international airport. As
part of this process, most returnees will have their fingerprints taken and be photographed. They are
transported by police to the Magistrates Court in Negombo at the first available opportunity after
investigations are completed, when custody and responsibility for the individual shifts to the courts
or prison services. The Court makes a determination as to the next steps for each individual. Those
arrested can remain in police custody at the CID Airport Office for up to 24 hours. Should a
magistrate not be available before this time–for example, because of a weekend or public holiday–
those charged are held at the nearby Negombo Prison.
5.28 DFAT was informed in March 2014 by Sri Lanka’s Attorney-General’s Department, which is
responsible for the conduct of prosecutions, that no returnee who was just a passenger on a people
smuggling venture has been given a custodial sentence for departing Sri Lanka illegally but fines
have been issued to act as a deterrent towards joining boat ventures in the future. The Magistrates
Court in Colombo typically levies fines of around 5,000 Sri Lankan Rupees (around AUD 40) for
persons attempting to depart Sri Lanka irregularly on boats. However, in Negombo, the magistrate,
who handles a large number of these cases, typically levies fines of around 50,000 Sri Lankan
Rupees (around AUD 400) to act as a deterrent. In most cases, returnees have been granted bail on
personal recognisance immediately by the magistrate, with the requirement for a family member to
act as guarantor. Sometimes returnees then need to wait until a family member comes to court to
collect them.
5.29 DFAT has been advised that no returnees from Australia to Sri Lanka have been charged under the
PTA. While credible, DFAT cannot verify this claim.
People smuggling offences
5.30 The Attorney-General’s Department typically treats differently those suspected of being passengers
on a people-smuggling venture and those suspected of facilitating or organising a venture. A
returnee suspected of involvement in the organisation of irregular migration of people from
Sri Lanka can be charged with an offence under Section 45C of the I&E Act for organising or
attempting to organise for another person to leave in contravention of the I&E Act.
5.31 Some returnees from Australia have been charged with people smuggling offences and other
criminal offences which they allegedly committed before departure. For example, in October 2012,
warrants were issued for the arrest of a group of returnees in regard to robbery of a vessel used to
travel to Australia, causing grievous harm to persons and to people smuggling. DFAT understands
that, in several cases, returnees have been charged and convicted for people smuggling offences. As
of March 2014, at least one charge has been upheld on appeal.
Experience following return
5.32 Between October 2012 and November 2013, over 1,100 Sri Lankan Irregular Maritime Arrivals
were returned from Australia to Sri Lanka. This is in addition to the many Sri Lankan asylum seekers
who have been involuntarily returned from other countries, including the US, Canada, the UK and
other European countries. The majority of these returnees are Tamil. Although the experiences of
individual returnees will vary, many Tamil returnees choose to return to the north, because it is their
place of origin, where they have existing family links and the relatively lower cost of living compared
to Colombo and other urban areas in the south.
5.33 Many returnees will have incurred significant expenses to undertake their outward journey and, in
some cases, will have incurred debt to do so. Many are apprehensive about finding suitable
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DFAT Country Report – Sri Lanka
employment opportunities on return. Those who have skills which are in high demand in the labour
market will be best placed to find well-paid employment. Returnees who receive reintegration
assistance on their return to Sri Lanka find it easier to resettle.
Documentation
5.34 Sri Lankans use the National Identity Card (NIC) as their primary identification card, though birth
certificates, driver’s licences, and passports are also frequently used. Every Sri Lankan citizen is
required by law to register their identity under the
Registration of Persons Act of 1968 and is issued
a NIC.
5.35 Sri Lankans are entitled to apply and obtain identity documents regardless of their ethnicity,
religion, language or geographic location. In the north and east, people have reported delays in
obtaining identity documents due to insufficient numbers of Tamil-speaking officials to service
applicants. People who reside in rural communities have reported difficulties in obtaining identity
documents because of the need to travel to major townships (sometimes several times) to submit
applications.
5.36 Sri Lankans residing overseas can apply for identity documents from any Sri Lankan overseas
mission. The Sri Lankan Deputy High Commission office in Chennai, Tamil Nadu, provides services
for Sri Lankan refugees living in camps to obtain their identity documents and to register births.
Passports and temporary travel documents
5.37 The DoIE is responsible for issuing passports in Sri Lanka and Sri Lankan diplomatic and consular
missions are responsible for issuing passports to Sri Lankans overseas. Current requirements for
adult passports are an existing passport (if available), an original birth certificate, original NIC,
marriage certificate (to confirm change of name after marriage) and a letter, professional certificate
or licence to confirm the applicants’ profession. Passports are machine-readable and are typically
valid for a period of 10 years.
5.38 Sri Lankans are able to re-enter the country on temporary travel documents (also known as an
Emergency Passport or a Non-Machine Readable Passport) issued by diplomatic and consular
missions if they do not have their passport. Temporary travel documents are valid only for re-entry to
Sri Lanka.
Birth certificates
5.39 Births at hospitals are recorded at the hospital and forwarded to the Divisional Secretariat for
registration, while births taking place at home must be registered through the Grama Niladhari
(Village Officer). After registration a birth certificate is issued. An individual is eligible to obtain a copy
of his/her birth certificate from the divisional secretariat of the area where the certificate was
issued.
National Identity Card
5.40 The NIC is considered by Government and commercial sectors to be the primary identity document
in Sri Lanka and every citizen is required to hold a NIC by law. All citizens over the age of 16 are
eligible to apply for a NIC and there is presently no renewal period for the card. The NIC does not
specify a race, ethnicity or religion and is issued in Sinhalese, or Sinhalese and Tamil in some
instances (e.g. for Tamils, or for those living in the north and east). The Government is working to
issue computerised bilingual identity cards for all holders.
Marriage Certificates
5.41 Sri Lanka has several systems of marriage according to religious background and geographic
location. The general law is applied to every citizen except for those who have personal laws
governing their marriage. Marriage certificates issued to Buddhists, Hindus, Christians and
Kandyans are in the same format. The marriage certificates issued to Muslims are slightly different
as they contain details about the dowry given by the groom and details about the
nikah (the Muslim
DFAT Country Report – Sri Lanka
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religious marriage ceremony). Under the general law, the dissolution of a marriage is adjudicated by
the District Court. Muslim divorces are adjudicated by the Qazi court.
Document Fraud
5.42 Document fraud is prevalent in Sri Lanka due in part to the lack of computerised databases to
store information. Government departments continue to keep most records in hard-copy format.
Applicants are able to obtain genuine identity documents by submitting forged supporting
documents. Counterfeit documents are the primary cause of fraud within the NIC, passport and
driver’s licence issuance processes.
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