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Human Rights Watch wants authorities to protect rights of protesters

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Sri Lankan security forces and other authorities should respect the rights of protesters following the declaration of a state of emergency on July 13, 2022, Human Rights Watch said on Wednesday.Issuing a statement, Human Rights Watch said Prime Minister Ranil Wickremesinghe, as acting president, declared the emergency as well as a curfew in the Western Province, which includes the capital, Colombo after President Gotabaya Rajapaksa fled the country following months of an unprecedented political and economic crisis.

Given below is the Human Rights Watch statement in full: “Protests against the government’s failure to address the crisis have continued with the president’s departure. Wickremesinghe called the protesters a “fascist threat” and said he had imposed a state of emergency and curfew to retake control of public buildings and “bring the situation back to normal.” The emergency regulations, which provide the security forces and other authorities’ special powers, have not been published. While international law permits the suspension of certain rights during an emergency, protections against torture, excessive use of force, and other fundamental rights can never be violated, Human Rights Watch said.

“Emergency regulations cannot be used to ban all protests or to allow the security forces to use excessive force against protesters,” said Meenakshi Ganguly, South Asia director at Human Rights Watch. “Past emergencies in Sri Lanka raise grave concerns that the military and police will use the new declaration to abuse activists and others protesting against the government.”

“Wickremesinghe announced that a committee consisting of the chief of defense staff, army, navy, and air force commanders, and the inspector general of police had been appointed to “restore order,” and given broad authority to act independently.

“The military should act only under civilian control and all security forces need to uphold basic principles on the use of force and in accordance with fundamental human rights, Human Rights Watch said.

“Gotabaya Rajapaksa departed the country on a military aircraft to the Maldives, from where he is expected to continue to another destination. He has been implicated in grave international crimes during the civil war that ended in 2009, and since. By stepping down from the presidency, he will lose his domestic immunity from prosecution. He may also be prosecuted for alleged international crimes in other countries.

“Armed military personnel and helicopters were deployed at several locations in Colombo on July 13, as protesters overran some offices, including the government broadcast station and the prime minister’s office, and there were clashes outside parliament. Police used teargas in some places to contain the protests. There were numerous injuries and at least one protester was killed. In recent weeks security personnel have used excessive force against protesters, as well as against people in line to buy fuel.

“While international law allows governments to impose certain emergency measures in response to significant threats to the life of the nation, derogations – suspensions – of basic rights must be strictly necessary and proportionate to the emergency and be for the shortest duration possible. International human rights law forbids authorities from limiting some specific human rights, including the right to life and the right to be free from torture, including during national emergencies.

“Emergency powers have previously been invoked in Sri Lanka to curtail fundamental rights. Under Sri Lankan law, a state of emergency allows the president to override any law except the constitution, restricting fundamental rights including ordinary procedures for arrests and judicial sanction for detention and rights to freedom of expression, assembly, association and movement. During a state of emergency imposed between April 1 and April 6, 2022, over 600 people were arrested for defying a curfew.

“On May 6, another emergency was imposed, removing requirements for detainees to be produced before a magistrate and increasing the criminal penalty for same-sex acts, among other provisions. The May emergency was in effect for 14 days.

“Since the beginning of the year, Sri Lanka has experienced an escalating economic crisis and the government has defaulted on its foreign loans. Sri Lankans are experiencing extreme shortages of essentials including fuel and other essential goods, such as medicine. Food price inflation is currently estimated at 80 percent. The United Nations has warned that 5.7 million people “require immediate humanitarian assistance.”

“Sri Lanka’s international partners should urgently call upon the Sri Lankan authorities to respect human rights in resolving the political and economic crisis. They should also press the Sri Lankan authorities to investigate and prosecute official corruption, which has contributed to the crisis, and should freeze assets held abroad if they are suspected to have been obtained from corruption in Sri Lanka.



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A mechanism that goes beyond the normal state apparatus is needed to restore public life – President

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President Anura Kumara Dissanayake emphasised that a unified operational mechanism, which goes beyond the normal state administration, is required to restore public life after a disaster.

The President stated this while participating in the Kandy District Coordinating Committee meeting held at the Kandy District Secretariat on Saturday  (06).morning

During the meeting, the President separately reviewed the progress of the programmes underway to restore essential infrastructure in the district, including the roadways, electricity, water and fuel supply, irrigation systems and communication facilities.

The President instructed officials to utilise the allocated provisions for the next 25 days to complete road clearing activities swiftly, until the permanent reconstruction of roads is completed.

The President also instructed that water supply in the district be fully restored within three days. Until then, the water requirements of the public should be met through bowsers and such activities must be carried out as an emergency measure beyond the usual procedure, with technical support from the Tri-Forces.

Further, he instructed that the cleaning of household wells be carried out under the coordination of Divisional Secretariats and that electricity supply in the district be restored by 31 December through temporary repairs, while major reconstruction work will be carried into the second phase.

The President pointed out the need to identify arable lands and give priority to cultivation. He instructed that cultivable paddy fields be identified urgently and supplied with the required irrigation water and highlighted the importance of coordinated action by the Department of Irrigation, Provincial Irrigation Department and the Department of Agrarian Development.

He also instructed officials to expedite the payment of the Rs. 200,000 compensation allocated to identified farmers and fields and to submit a report on the extent of vegetable cultivation affected in the district within two weeks. Accordingly, Rs. 150,000 per hectare will be paid as compensation to the affected vegetable farmers and necessary amendments will be made to provide the same compensation for losses incurred in banana cultivation.

The impact on the livestock sector due to the disaster was also broadly discussed. The President highlighted the need to maintain updated data regarding the number of farms and livestock.

He explained the need to restart damaged livestock farms swiftly, to restore income sources for the farmers and to meet the country’s food needs, including milk, poultry and eggs.

Discussions were also held regarding restoring fuel supply in the district. Due to road blockage, fuel supply has been disrupted in Pussellawa and Meetalawa. The President instructed that, through coordination between the Road Development Authority, the Tri-Forces and the Police, fuel be supplied to these areas by Saturday [06] evening.

The resumption of schools in the Kandy District was also discussed. The President instructed officials to minimise delays in reopening schools to ensure that examinations are held as scheduled.

The President also examined in detail the steps taken to restore the district’s health services, railways and communication facilities.

Discussions were held regarding housing damage and the resettlement of affected people. The roles of the Geological Survey and Mines Bureau and the required staffing needs were considered.

The President stated that state-owned lands in adjacent areas will be identified and presented for resettlement activities and necessary interventions will be made to release such lands through discussions with relevant institutions.  He emphasised that the government’s objective is to resettle people safely and continuous assessment must be carried out to ensure that compensation provided for destroyed and partly damaged houses is used properly for reconstruction.

As all compensation payments will be made under the 2025 Budget, the President stressed the need to complete all payments before 31 December, to avoid a burden on the 2026 Budget. He said the dedication of all state officials is essential to successfully implement the programmes initiated to restore public life.

Attention was drawn to the garbage disposal problem in Gampola. As a long-term solution, the President instructed that, until the relevant Mahaweli land is released, land belonging to the Ceylon Electricity Board be temporarily allocated for the purpose.

Attention was also paid to the damage caused to state institutions due to the disaster situation.

While noting that natural disasters such as floods, storms and landslides cannot be prevented, the President emphasised that the loss of lives and property can be minimised. He stated that a proper study of the Central Highlands is needed and a long-term plan must be prepared to restore the eroding ecological system.

He further highlighted the need to enforce the powers of local authorities to prevent similar disasters in the future, stating that no room should be given for illegal constructions hereafter. He also noted that Ceylon Electricity Board should not provide electricity to such unauthorised locations.

The President stated that although some expected it would take a long time for the country to recover after the disaster, the government has already been able to restore public life to normalcy within a very short period. He added that by working together for a little longer, the desired goals can be achieved.

The President expressed special appreciation for the dedication shown by state officials and the Tri-Forces in carrying out these tasks.

Minister of Agriculture, Livestock, Land and Irrigation K.D. Lal Kantha, Deputy Minister of Transport and Highways Prasanna Gunasena, Deputy Minister of Health Hansaka Wijemuni, Members of Parliament Jagath Manuwarana and Thanura Dissanayake, as well as Central Province Governor Professor Sarath Abeykoon, Chief Secretary G.H.M.A. Premasinha, Kandy District Secretary Indika Udawatta and officials representing all line agencies including the Road Development Authority, Ceylon Electricity Board and the Irrigation Department attended the occasion.

 

 

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President calls on the Mahanayake Thera of the Asgiri chapter

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President Anura Kumara Dissanayake on Saturday (06) morning  visited the Asgiri Maha Viharaya and paid respects to the Mahanayake Thera of the Asgiri Chapter, Most Venerable Warakagoda Sri Gnanarathana Thera, from whom he received blessings.

The President briefed the Mahanayake Thera on the government’s programmes to provide relief to the people affected by the prevailing disaster situation and engaged in a brief discussion with him.

Thereafter, the President called on the Anunayake Thera of the Asgiri Chapter, Most Venerable Narampanawae Ananda Anunayake Thera and also held a brief discussion with him.

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President calls on the Mahanayake Thera of the Malwathu chapter

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President Anura Kumara Dissanayake on Saturday (06)  morning  visited the Malwathu Maha Viharaya and paid respects to the Mahanayake Thera of the Malwathu Chapter, Most Venerable Thibbatuwawe Sri Sumangala Thera.

The President briefed the Mahanayake Thera on the government’s programmes to provide relief to the people affected by the prevailing disaster situation and engaged in a brief discussion.

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