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South Asia: Deepening human rights crisis bolstered by impunity as authorities betray promises for fair recovery from pandemic – AI

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Yamini Mishra, Amnesty International’s South Asia Regional Director

Instead of delivering a fair recovery from the Covid-19 pandemic, states across South Asia waged a sustained assault on peaceful demonstrators, journalists, human rights defenders, judiciaries and civil society organizations in a bid to silence dissent, driving a deepening human rights crises aided by increasing impunity said Amnesty International on Monday as it launched its annual assessment of human rights around the world.

Amnesty International Report 2021/22: The State of the World’s Human Rights covers 154 countries and delivers a comprehensive analysis of human rights trends globally.

In 2021, human rights in South Asia were dealt a major setback as the Taliban took over Afghanistan and several states cracked down on human rights defenders, NGOs, media outlets and opposition leaders who became the targets of raids, unlawful detention and surveillance, torture, enforced disappearance, or arrests under terrorism laws or laws designed to ‘curb fake news’.

“The devastating human rights fallout following the Taliban takeover of Afghanistan sets a dismal tone for the wholesale roll back of human rights across the region. This was compounded by a failure to address deep-seated inequalities exacerbated by the pandemic as vaccine inequality and neglected health systems and social protection pushed many to the brink of their capacity to survive. 2021 should have been a year of healing but sadly it brought greater instability and inequality. Far too often without  any sense of accountability,” said Yamini Mishra, Amnesty International’s South Asia Regional Director.

Instead of providing meaningful space for debate and dissent on how best to meet the challenges of 2021, the continuing trend was for governments to suppress independent and critical voices, with some even using the pandemic as a pretext to shrink further the civic space.

“Across the South Asia region, governments are becoming increasingly intolerant of criticism, discrimination against women and girls and marginalized groups are pervasive, and impunity is rife giving rise to widespread human rights violations that go unchecked, unaccounted for and unfettered,” said Yamini Mishra

In the immediate aftermath of its takeover of Afghanistan in August last year, the Taliban curtailed media freedoms and used force to break up protests. Journalists were detained, beaten and harassed; by October more than 200 media outlets had closed down.

In Bangladesh, criticism of the government’s response to the Covid-19 pandemic and other issues led to a crackdown on dissent, targeting human rights defenders, journalists, lawyers, members of the opposition, criminal investigators, university students, academics, trade unionists and social media commentators. Sri Lankan authorities issued threats of disciplinary action against health sector employees who spoke to the media about their concerns on the Covid-19 response. In Maldives, media personnel reporting on protests were also attacked or harassed by police, protesters were dispersed, citing the Freedom of Peaceful Assembly Act 2016 and health guidelines because of the Covid-19 pandemic.

In India, police and security forces used excessive force against those protesting peacefully against the controversial agricultural reforms. Outspoken journalists, media outlets, actors and human rights activists were threatened and intimidated through the misuse of over-broad financial laws including the FCRA (Foreign Contribution Regulation Act) or use of draconian anti-terrorism laws like the UAPA (Unlawful Activities Prevention Act).

Many governments sought to further control access to and sharing of online information. In Pakistan, the draconian Removal and Blocking of Unlawful Online Content Rules to censor online content was also enacted. In Bangladesh, human rights defenders, journalists and activists were among hundreds of people imprisoned under the Digital Security Act. Nepal authorities used the Electronic Transactions Act to arbitrarily detain individuals including journalists, particularly those who criticized the government and ruling party leaders. Residents of Jammu and Kashmir suffered the longest internet shutdown on record from 4 August 2019 to 5 February 2021.

The Pegasus Project, an international investigative journalism initiative, exposed the unlawful and arbitrary surveillance of Indian citizens including journalists and HRDs through the government’s alleged use of Pegasus spyware.

The pandemic tore through South Asia, having a devastating impact on human rights. Governments’ efforts in countries such as Nepal were hindered by the global vaccine inequality created by collusion between pharmaceutical companies and wealthy nations. Many states stockpiled more doses than needed, whilst turning a blind eye as Big Pharma put profits ahead of people, refusing to share their technology to enable wider distribution of vaccines. Despite enough production to fully vaccinate the world in 2021, by year’s end less than 4% of those living in low-income countries had been fully vaccinated.

To compound the suffering, under-investment and corruption contributed to the continuing inability of public health sectors across the South Asia region to respond adequately to the Covid-19 pandemic. This resulted in thousands of preventable deaths, including in India and Nepal, both of which experienced steep surges in infections during the year. The suspension of aid to Afghanistan’s health sector by international donors resulted in the closure of at least 3,000 healthcare facilities, including Covid-19 hospitals. Access to Covid-19 vaccines was problematic in some countries.

“Despite promises and pledges to the contrary, at almost every turn, leaders and corporations opted for a non-transformative path, choosing to entrench rather than overturn the systemic inequalities behind the pandemic. Yet, people the world over have made it abundantly clear that a more just world, grounded in human rights, is what they want,” said Yamini Mishra

Minority communities faced increased marginalization and discrimination in South Asia. In Afghanistan, ethnic Hazaras were frequently targeted, including during the Taliban offensive and takeover. More than 100 former members of security forces were forcibly disappeared or extrajudicially executed by the Taliban and nine surrendered Hazara soldiers were executed in Daykundi alone. Several massacres by the Taliban of Hazara civilians also took place, including in Ghazni and Daykundi provinces.

In Sri Lanka, authorities finally moved to change the policy of forced cremations of Muslim victims of Covid-19, which began in March 2020. The guidelines had affected the final burial rites of the Muslim community, violating the right to freedom of religion and belief. The Public Security Minister proposed to ban more than 1,000 madrasas (Islamic education institutions) and the wearing of face veils. The authorities continued to arrest and detain Muslims allegedly in connection with bombings in April 2019, under the Prevention of Terrorism Act. The Act continued to be used against government critics, including members of the Tamil community.

In India, despite legislation in various states criminalizing acts of lynching, Dalit and Muslim men were assaulted or beaten to death by vigilante cow protection groups in more than seven Indian states. Many states amended or enacted ‘anti-conversion laws’. The death in custody of Father Stan Swamy was a direct reprisal for his extensive work supporting tribal people’s rights.

In Bangladesh, at least 40 pandals (temporary structures made for the Hindu religious ceremony) and 25 homes and properties belonging to members of the Hindu community were damaged or set on fire during and after the Durga Puja, the country’s biggest Hindu festival. A lack of proper investigations into previous incidents of communal violence created an environment of impunity.

In Pakistan, blasphemy cases continued to be registered against minority communities and Muslims, putting them at risk of danger or even the death penalty. At least 10 places of worship for Ahmadi Muslims were desecrated – often by the police or with their acquiescence. An eight-year-old Hindu boy was detained under blasphemy charges for a week before charges against him were dropped.

Events in Afghanistan led to new waves of displacement in the region and globally. Following the chaotic evacuation from Kabul airport in August, many fled over land towards Pakistan and Iran, but the Taliban-imposed restrictions on departures and border closures compromised their right to seek asylum in third countries. By year end, over one million undocumented Afghans had been returned from Iran and Pakistan, most of them involuntarily.

The human rights situation in Myanmar also made voluntary repatriations of Rohingya refugees in Bangladesh impossible. However, their rights continued to be restricted in Bangladesh where they were also vulnerable to violence. More than 19,000 were transferred to a remote island, Bhasan Char, where they were denied their right to freedom of movement.

In Afghanistan, 20 years of progress towards enhanced protection and promotion of women’s rights was rolled back overnight. Women were excluded from the de-facto administration of the Taliban and prevented from working in many sectors. Girls’ access to education was severely restricted, only girls’ grade six and below were allowed to attend school by the Taliban de facto government, and women human rights defenders, journalists, judges and prosecutors faced threats and intimidation. Protests in support of women’s rights were met with violence and arbitrary detentions by the Taliban. The ending of institutional and legal support for women left them at risk of further violence, and they feared the consequences of reporting incidents. The Taliban also made it clear that they would not respect LGBTI rights. In Pakistan, a series of highly publicized cases of sexual and gender-based violence including murders of Quratul Ain and Noor Mukkadam highlighted the lack of protection for women and ignited renewed calls for redress, accountability and reform.

Impunity for serious human rights violations and crimes under international law remained a serious concern in a significant number of countries. Justice continued to be denied to victims of human rights violations committed during past armed conflicts in Nepal and Sri Lanka. The office of the Prosecutor at the ICC also announced it would continue investigations in Afghanistan but only addressing crimes committed by the Taliban and Islamic State –Khorasan Province, while ignoring war crimes committed by the former Afghan government security forces and by US military and intelligence personnel.

“In the face of protests, the year saw an increased trend for governments to securitize civic space, criminalizing peaceful assemblies and using regulations to crack down on demonstrations, under the pretext of often in the name of ‘national security’. Yet people’s movements have grown and risen to the challenge. The legitimate work of human rights defenders, civil society and people’s right to protest must be respected, protected, and supported. We will continue to work towards that end,” said Yamini Mishra.



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Gnanasara Thero absconding after SC ruling

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Ven. Galagoda Aththe Gnanasara Thero was not at his temple in Rajagiriya when prison officials visited the premises yesterday to take steps following the Supreme Court ruling that nullified the presidential pardon granted to him, police sources said.

Prison officials who visited the temple on Nawala Road, Rajagiriya, were reportedly informed by those present that the Thero’s whereabouts were unknown. The development comes a day after the Supreme Court declared former President Maithripala Sirisena’s 2019 pardon of Gnanasara Thero null and void.

The three-member Supreme Court bench comprising Justices Janak De Silva, Dr. Sobhitha Rajakaruna and Sampath B. Abayakoon held that the pardon was arbitrary, violated the public trust and principles of natural justice, and was made beyond the proper exercise of the President’s constitutional discretion.

The case arose from Gnanasara Thero’s conduct at the Homagama Magistrate’s Court in January 2016 during proceedings relating to the disappearance of journalist and political cartoonist Prageeth Eknaligoda.

The Court of Appeal convicted him on four counts of contempt of court in 2018 and imposed concurrent prison terms amounting to six years. He had served about nine months when Sirisena granted him a presidential pardon on May 23, 2019.

The Supreme Court found that although Article 34 empowers the President to grant pardons, that power is held in trust for the people and is subject to constitutional limitations and judicial review. The Court concluded that Sirisena had effectively acted on the recommendation of the Additional Secretary (Legal) without demonstrating that he had independently considered the relevant material.

Justice De Silva held that the pardon was “arbitrary”, violated public trust and the rules of natural justice, and was ultra vires the President’s powers. The Court consequently found that the decision violated the fundamental right to equality guaranteed by Article 12(1) of the Constitution.

The ruling effectively restores the legal position under the original conviction, leaving Gnanasara Thero without the benefit of the 2019 pardon. The Supreme Court also clarified that a pardon does not erase a conviction or sentence, but merely relieves an offender from serving the sentence to the extent specified in the pardon.

Gnanasara Thero, the General Secretary of the Bodu Bala Sena, had been convicted over his conduct during proceedings concerning the disappearance of Eknaligoda, who went missing in January 2010 and has not been located.

Sandhya Eknaligoda, Prageeth Eknaligoda’s wife, was among those who challenged the presidential pardon before the Supreme Court, alongside the Centre for Policy Alternatives and its Executive Director Dr. Paikiasothy Saravanamuttu.

The detailed account of the judgment indicates that the Court’s ruling primarily nullified the pardon and restored the legal effect of the original sentence, with the implementation of the sentence falling to the relevant authorities.

Police sources said that the Supreme Court, however, did not permanently close the door on executive clemency. It held that a future President could grant Gnanasara Thero another pardon, provided the power is exercised lawfully and after proper consideration of all relevant material.

The Supreme Court has so far overturned three presidential pardons granted to two former Presidents. In January 2024, the Court declared former President Gotabaya Rajapaksa’s pardon of former MP Duminda Silva unlawful and invalid. In June 2024, it invalidated two pardons granted by former President Maithripala Sirisena to Royal Park murder convict Jude Shramantha Anthony Jayamaha — the first in May 2016, which commuted his death sentence to life imprisonment, and the second in October 2019, which released him from prison. Jayamaha, who was convicted of the murder of 19-year-old Yvonne Johnson, remains at large. Most recently, on September 10, 2026, the Supreme Court declared Sirisena’s 2019 pardon of Ven. Galagoda Aththe Gnanasara Thero null and void, ruling that it was arbitrary and inconsistent with the Constitution.

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House to debate 22A, Judicature Bill next week

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Parliament is scheduled to debate the Twenty-Second Amendment to the Constitution Bill and the Judicature (Amendment) Bill on September 24 and 25, subject to the Speaker’s announcement following the delivery of the Supreme Court determination on petitions filed against the Bills.

The programme for the Parliamentary Week from September 22 to 25 was decided at a meeting of the Committee on Parliamentary Business held on Thursday (10) under the chairmanship of Speaker Dr. Jagath Wickramaratne.

On each sitting day, Parliamentary Business under Standing Orders 22(1) to 22(6) will be taken up from 9.30 am to 10 am, followed by Questions for Oral Answers from 10 am to 11 am Questions under Standing Order 27(2) will be taken up from 11 am to 11.30 am.

On Tuesday (22), the Orders published in Extraordinary Gazette No. 2497/37 under the Petroleum Resources Act and the Promotion of Export Agriculture (Amendment) Bill will be debated from 11.30 am to 5 pm.

The Tredso Development Foundation (Incorporation) Bill, a Private Member’s Bill, will then be taken up for Second Reading before being referred to the Legislative Standing Committee.

An Opposition motion at the Adjournment Time will follow.

On Wednesday (23), the Chartered Institute of Media Professionals of Sri Lanka Bill will be debated from 11.30 am to 5 pm, followed by Questions at the Adjournment Time.

The Second Reading debate on the 22nd Amendment Bill and the Judicature (Amendment) Bill is scheduled for 11.30 am to 7 pm on Thursday (24) and Friday (25).

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Wrong house targeted in underworld grenade attack: Two children killed

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Two children aged 11 and 17 were mistakenly killed and their 55-year-old father injured in an early morning hand grenade attack on Sirisangabo Mawatha on Friday. Police investigations later revealed that the attackers targeted the wrong house during an ongoing underworld clash.

Three police teams have been deployed to investigate the attack, which occurred at around 3 am.

According to police, a man who arrived near the house in a three-wheeler knocked on the front door before throwing a grenade into the premises and fleeing.

The victims were identified as 17-year-old Kasun Rashmika and 11-year-old Duminda Gihan. Their 56-year-old father, Nalin Thusantha Perera, was seriously injured and admitted to the Kalubowila Teaching Hospital.

Police said the injured man’s brother was allegedly a close associate of a drug trafficker known as ‘Sando’ and had also been accused of involvement in drug trafficking.

The brother lives in a house adjoining the one targeted in the attack, and police suspect the grenade may have been thrown at the wrong house.

Police are also investigating information that the attack was allegedly carried out at the direction of several overseas-based drug traffickers, identified as Pandithage Shantha Kumara alias ‘Kos Malli’, Samantha Perera alias ‘Chuwa Samantha’, ‘Kudu Avishka’ and ‘I.D.’

Police said the attack was believed to be linked to an ongoing conflict between two underworld factions, which have targeted each other’s associates in shootings and grenade attacks. More than 20 people have reportedly been killed in such attacks.

Security agencies are also investigating alleged links between one faction and overseas-based criminals including Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya.

Security agencies have also received information that overseas-based criminals identified as Kanjipani Imran, Unakuruwe Shantha, Dubai Gagana and Handaya are allegedly behind the supply of firearms and drugs to the faction associated with Kos Malli and Chuwa Samantha.

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