29^th June 2018, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) is alarmed by the recent spate of violence in Sri Lanka, including the custodial death this weekend, the death of a police constable and the inability of the authorities to contain the violence and bring perpetrators to justice. These incidents are evocative of a time when excessive force and extrajudicial practices was commonplace, with a complete disregard towards the guarantees provided in the Constitution of Sri Lanka and procedural safeguards. In the absence of swift action where the rule of law is upheld, we fear a slide back towards a society engulfed in violence with a thriving culture of impunity.

According to media reports the most recent custodial death occurred when the victim/accused, under police custody, was shot by the police when he allegedly attempted to throw a hand grenade. This incident is a reminder of several such unsolved incidents of custodial deaths in the past, some dating for over a decade, with similar reports of victims either attempting to attack or escape and being shot at in the process. As reported in the joint civil society submission for Sri Lanka’s Universal Periodic Review in 2017 and other reports, incidents of extrajudicial killings, while reduced from the previous regime, still continue with much work to be done to bring perpetrators to justice.

The present incident also comes at a time when media reports indicate a spike in the number of attacks by underworld gangs alongside the now much-publicised ethno-religious violence in parts of Sri Lanka. Both these phenomena raise the question of the effectiveness of the law and order authorities in Sri Lanka. It is against this backdrop that we were also alarmed to witness a senior member of the Buddhist clergy asking the former Defence Secretary Gotabhaya Rajapaksa to return to power and initiate military rule along the lines of Hitler. Such a reference is a chilling reminder of Sri Lanka’s own dark years when civil liberties were cast aside in the name of national security and public order. As such, the condemnation of this statement by both President Sirisena and Prime Minister Wickremesinghe is welcome, however, inaction in addressing law and order at this juncture will likely see sentiment supportive of authoritarianism resonating among segments in society who prioritise security and order over rights and freedoms.

CPA thus calls on the authorities to demonstrate their commitment towards upholding the rule of law and due process in line with Sri Lanka’s Constitutional and international obligations. This includes not only upholding security and public order, but in ensuring due process to suspects and those under custody. We call on the Inspector General of Police to take full responsibility for the death of a person under the custody of the Police. We further request independent institutions such as the National Police Commission and the National Human Rights Commission to investigate the recent custodial death and initiate necessary action. We reiterate yet again our call to the Attorney General’s Department to hold perpetrators to account with this incident and the many others that are before them. Inability, unwillingness or inertia to take swift action now will not merely reinforce dangerous statements made by others but also send a message that violence and impunity thrive under the Yahapalanaya government.

Download this statement here.

22^nd June 2018

Secretary to the High Post Committee
Parliament of Sri Lanka
Sri Jayawardenapura, Kotte

Representations on the Nomination of Dr. Jayatilleke as Ambassador to Russia

The following Sri Lankan civil society activists and organisations are deeply concerned by public reports indicating that the Government of Sri Lanka has proposed the name of Dr. Dayan Jayatilleke to the post of Ambassador to the Russian Federation. We write in response to the public notice dated 12 June 2018 issued by the Committee of the High Post of Parliament of Sri Lanka calling for representations regarding nominations including that of Dr. Jayatilleke.

At the outset it must be noted that Sri Lanka has a rich history of diplomatic engagement with the international community and cultivated standing and respect among its allies across the globe including in multilateral forums such as the United Nations. With the escalation of violence in the early 1980s, the then United Nations Human Rights Commission, and subsequently the United Nations Human Rights Council (UNHRC) which replaced the Commission, discussed Sri Lanka’s human rights record where victim groups and civil society were able to make representations and successive governments of Sri Lanka engaged in constructive discussions.

A marked shift in this stance was evident under the Rajapaksa regime when we experienced unprecedented levels of violence targeting civilians, civil society, media and other dissenting voices. It was during this period we witnessed a shift in Sri Lanka’s foreign policy. Dr. Jayatilleke who served as Sri Lanka’s Permanent Representative to the UN in Geneva at the time, took an aggressive and triumphalist line on the violence unfolding back home. For example, in 2009 a Special Session was called to discuss Sri Lanka and it was under his leadership we witnessed a hostile position taken and the deliberate targeting of those who held a different view to his own. Such a stance created divisions within the UNHRC and undermined Sri Lanka’s reputation of being able to diplomatically engage with the international community. The divisive line has had a lasting impression among missions and other entities in Geneva who remain dismayed by the negative impact the session had on the unity of the UNHRC and its impact on human rights globally.

We also note that the line taken at the Special Session ultimately ran counter to Sri Lanka’s national interests. Professional diplomats have argued convincingly that the line espoused by Dr. Jayatilleke at the 2009 session, and triumphalism about his ability to ‘win’ a resolution congratulatory of Sri Lanka’s execution of the war, galvanised Geneva actors whose concerns had been cast aside by the Sri Lankan delegation. The 2009 Special Session debacle ultimately had a significant impact in convincing the international community including the members of the UNHRC that grave violations took place in Sri Lanka and that an independent international investigation was required. This hostile and triumphalist line was counter productive as it subsequently led to several resolutions being adopted by the UNHRC in 2012, 2013 and 2014. We also note that Dr. Jayatilleke who was subsequently appointed Ambassador to France was unable to prevent the French Government from voting against Sri Lanka in these resolutions, demonstrating his ineffectiveness as a head of mission.

With the political change in 2015, we were relieved to see President Sirisena and the coalition government reverting to a more conciliatory tone where there was recognition of past abuses and the need for genuine reforms towards reconciliation. This was based on human rights being fundamentally a domestic issue, in recognition of the rights of all of Sri Lanka’s citizens rather than a game played with the international community. We were also heartened to see the Government of Sri Lanka rebuilding bridges with the international community and engaging in a constructive manner to further the interests of Sri Lanka, not the whims of particular individuals. This was also welcomed by the international community and in recognition invited President Sirisena to events such as the prestigious Group of Seven (G7) summit in Japan and Anti-Corruption Summit in the United Kingdom both in 2016.

This hard work of rebuilding Sri Lanka’s image and reputation to be a truly democratic and plural country where all citizens are equal and a country that values its international standing can be damaged with the promotion of individuals who were not only apologists of the previous Government but also, to date, its most ardent champions.

We note that Dr Jayatilleke’s ideology and the ideology that shaped the January 8 2015 movement for change are poles apart. Dr. Jayatilleke has denounced the very concept of Yahapalanaya and members of this administration. He has stood stoically against democratic reform and reconciliation initiatives, repeatedly attacking progressive ministers and leaders of the current Government for making concessions to victims of the war, as seen when privately owned land is released by the military or a permanent office to investigate thousands of cases of disappeared is established. Where we fear the violence perpetuated by the previous regime, Dr Jayatilleke openly extols the virtues of ex-President Mahinda Rajapaksa, and his ‘strong-man’ tactics.

On both previous occasions when Dr. Jayatilleke was sent on diplomatic postings, to Geneva and Paris, he furthered a personal agenda which had detrimental consequences to Sri Lanka among its most important allies. If that was the case under the Rajapaksa administration, where Dr. Jayatilleke’s ideological inclinations found resonance, then the potential for damage to this current administration which seemingly does not align with his ethno-nationalist views will be significantly greater.

It is in this context we question the nomination of Dr. Jayatilleke to a senior diplomatic post and urge the High Post Committee to reject the nomination. We also request President Sirisena, Prime Minister Wickremesinghe and the coalition government to acknowledge the work done since 2015 to rebuild Sri Lanka’s image and standing internationally and to nominate individuals who are able to best represent the reforms promised in 2015 and not those who deliberately seek to undermine them.

Thank you,

Signatures

Individuals

1. C. Mohamed Rumaiz
2. D.J Rajani
3. L. Ratnayake
4. Anurasiri Hettige
5. R.A Ramees
6. Bennette Ratnayake
7. Bhavani Fonseka
8. Bishop Kumara Illangasinghe
9. Brito Fernando
10. Ranitha Gnanarajah- Attorney-at-law
11. Chandra Jayaratne
12. Chandra Hewa Gallage
13. Chandraguptha Thenuwara
14. Cyril Pathiranage
15. Danesh Casie Chetty
16. Deekshaya Illangasinghe
17. Dharmasiri Bandaranayaka
18. Dileep Rohana
19. P. Saravanamuttu
20. Ranjith Pathirana
21. Faaiz Ameer- Attorney-at-law
22. Faheema Begum Marsook
23. Fathima Fayaza
24. Freddy Gamage
25. Gamini Viyangoda
26. Gnaweera Dissanaike
27. M Premasilee
28. Harsha Gunasena- Charted Accountant
29. Harshana Makalanda
30. Helen de Alwis
31. Herman Kumara
32. Subashini
33. Jayatilleka Bandara
34. Jayanta de S Wijeratne
35. Jeanne Samuel
36. Jeyakanthi Jena
37. Juwairiya Mohideen
38. M.D Nilasini
39. W Janaranjana
40. Kaushalya Fernando
41. Keerthi Kariyawasam
42. Lakshman Gunasekara
43. Lal Wijenayaka
44. Lala Hegoda
45. Lionel Guruge
46. Lucian Bulathsinhala
47. Lukshman Mendis
48. D Mahindapala
49. Mahaluxmy Karushanthan
50. Mahesh Senanayaka- Senior Lecturer, Colombo University
51. Mahinda Ratnayaka
52. Mangalika Fernando
53. Marian Pradeepa
54. Marshal Fernando
55. Mohammed Dilshan
56. Mujeebur Rahman
57. Nigel Nugawela
58. Nihal Attapattu
59. Noel Christine Fernando
60. Manoharan
61. D. Dissanayake
62. D. Gunathilaka
63. Padmini Weerasooriya
64. Philip Dissanayake
65. Prabodha Rathnayaka
66. Prasanga Fernando
67. Priyadarshani Ebenezer
68. Arjuna Parakrama
69. Camena Guneratne
70. Desmond Mallikarachchi
71. Jayadeva Uyangoda
72. Kumar David
73. Sarath Wijesuriya
74. Raisa Wickrematunge
75. Roshaan Hettiaratchi- Attorney-at-law
76. Saman Ratnapriya
77. Sampath Samarakoon
78. Sandun Thudugala
79. Sandya Ekneligoda
80. Sanjana Hattotuwa- Senior Researcher, Centre for Policy Alternatives
81. Sarah Arumugam- Attorney-at-law
82. Seetha Gamage
83. Shaheera Lafeer
84. Shanthi Dissanayaka
85. Shreen Saroor
86. Sumika Perera
87. Sumathipala Kariyawasam
88. Sunil Perera- Gypsies
89. Titus Fernando
90. Tharanga L. Patabandhi
91. Upul Kumarapperuma
92. Dhambara Amila Thero
93. Mahagalkadawala Pungnasara Thero
94. Visaka Dharmadasa

Organisations

95. Association of War Affected Women
96. Centre for Policy Alternatives
97. Families of the Disappeared
98. Janasansadaya
99. Mothers and Daughters of Lanka
100. Muslim Women’s Development Trust, Puttalam
101. Northern Muslim Civil Society
102. Northern Muslim Forum
103. Platform for Freedom
104. Rights Now Collective for Democracy
105. South Asian Centre for Legal Studies
106. Women’s Action Network
107. Women’s Centre
108. Women’s Resource Centre, Kurunegala

Download the statement in English and Sinhala, and the full list of signatures here.