Sri Lanka: Political situation, including the resignation of President Rajapaksa and the change in government; situation of political opponents and treatment of protesters, human rights defenders, and civil society activists by the authorities (July 2022–July 2023)
For information on the political situation in Sri Lanka from August 2019 to May 2022, see Response to Information Request LKA200987 of April 2022.
1. Overview
Sources report that the protest movement known as the Aragalaya, meaning 'struggle' in Sinhalese [or #GotaGoHome or Janatha Aragalaya, meaning "people's struggle" in Sinhalese], began in April 2022 (Imtiyaz 2023-04-06; France 2022-08-18, 7). Sources indicate that the protest movement is a result of the country's economic crisis and government mismanagement (France 2022-08-18, 3; HRW 2023-01-12; Freedom House 2023-03-09, Sec. E1), as well as corruption (HRW 2023-01-12; Freedom House 2023-03-09, Sec. E1). A.R.M. Imtiyaz, a senior researcher at the Canada-based Asia Center for Democracy and Development (ACFDD) [1], states, in an article published on the Colombo Telegraph news website, that while the majority of protesters were Sinhala-Buddhists, the country's majority population, minorities also took part because "[e]conomic difficulties … affec[t] everyone in general, regardless of … ethnic or religious differences" (Imtiyaz 2023-04-06). Similarly, the French Office for the Protection of Refugees and Stateless Persons (Office français de protection des réfugiés et apatrides, OFPRA) indicates that protesters were diverse in ethnicity and religion, [translation] "all united against the government" (France 2022-08-18, 7).
According to sources, protesters "overran" (HRW 2023-01-12; France 2022-08-18, 9) or "occupied" (USIP 2022-07-15; France 2022-08-18, 9) the presidential palace in response to the economic crisis (USIP 2022-07-15; HRW 2023-01-12; France 2022-08-18). Sources note that President Gotabaya Rajapaksa, of the Sri Lanka Podujana Peramuna (SLPP) party, fled the country on 13 July 2022 (USIP 2022-07-15; France 2022-08-18, 4, 10). Sources state that protesters set fire to then-prime minister Ranil Wickremesinghe's private residence (CNN 2022-07-20; Daily Mirror 2022-07-09) on 9 July 2022 (Daily Mirror 2022-07-09). According to sources, President Rajapaksa resigned on 14 July 2022 (Reuters 2022-07-14; International Crisis Group 2022-07-18; UN 2022-10-04, para. 5). Sources report that Wickremesinghe declared a state of emergency on 17 July 2022 (UN 2022-08-08; CPA 2022-07-27), which "grant[ed] broad and discretionary powers to security forces and the military" allowing them to "detain protesters and search private properties without judicial supervision" (UN 2022-08-08).
According to sources, Sri Lanka's parliament elected Wickremesinghe [a "six-time former prime minister" (CNN 2022-07-20)] as president on 20 July 2022 (CNN 2022-07-20; Freedom House 2023-03-09, Key Developments 2022, Sec. A1; UN 2022-10-04, para. 6). Sources indicate that Wickremesinghe is a "key ally" to former president Rajapaksa (CNN 2022-07-20) or is "widely viewed as protecting the Rajapaksas' interests" (International Crisis Group 2022-07-18). Sources report that Parliament is governed by the majority SLPP party and the party of President Wickremesinghe [the United National Party (UNP)] which only holds one seat until 2024 (Wijayalath 2022-07-26; BBC 2022-07-20). However, according to Freedom House, the leader of the Janatha Vimukthi Peramuna (JVP) party "noted allegations that lawmakers were bribed to support Wickremesinghe" (2023-03-09, Sec. A1). The New York Times reports that "the same political elite still call the shots, with little accountability for the mismanagement" despite the resignation of President Rajapaksa (2023-01-31). Similarly, in an article published in Harvard Human Rights Reflections [2], Ermiza Tegal, a lawyer in Sri Lanka, and Niyanthini Kadirgamar, a PhD student in education at the University of Massachusetts Amherst, who are both members of the Feminist Collective for Economic Justice [3], indicate that "the old political guard maneuver[ed] structures of power to cling on [to power]" (Tegal & Kadirgamar 2022-11-16). According to Freedom House, the Rajapaksa family is "believed to wield significant control" by means of the SLPP party (2023-03-09, Sec. C1). In a blog post published by the Wilson Center, a non-partisan global policy think tank chartered by the US Congress (Wilson Center n.d.), Mark Green, President and CEO of the Wilson Center, states that protesters believe the appointment of Wickremesinghe as president is an "example of the systemic corruption … among Sri Lanka's ruling elite" (Green 2022-08-16). For more information on the political presence of the Rajapaksa family in Sri Lanka, see Response to Information Request LKA200987 of April 2022.
According to Verité Research, "an independent think tank that provides strategic analysis for Asia" (Verité Research n.d.), the government approval rating in February 2023 was 10 percent (2023-02-19).
2. Situation of Political Opponents
Information on the situation of political opponents was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.
According to Freedom House, a "range of political parties operate freely," however political debates "sometimes involve an element of violence and intimidation" (2023-03-09, Sec. B1). The US Department of State's Country Reports on Human Rights Practices for 2022 states that political parties did not have restrictions on participating in elections "except for those prohibited due to terrorist affiliations" (US 2023-03-20, 28).
The US Congressional Research Service (CRS) reports that opposition members of parliament "accus[e]" the Wickremesinghe government of using the crisis "to suppress democracy" (US 2023-02-23).
Freedom House reports that political participation of Tamils is "negatively" affected by "[s]ystemic discrimination, including via language laws and naturalization procedures" (2023-03-09, Sec. B4).
For information on the treatment of political opponents, see Response to Information Request LKA200987 of April 2022.
3. Treatment of Protesters, Human Rights Defenders, and Civil Society Activists
In a UN Human Rights Council Universal Periodic Review, the government of Sri Lanka stated that "arrests [were] made in the interest of national security and public order" (UN 2023-04-19, para. 21). Sources report that the protests were primarily "peaceful" (FIDH 2023-03-06; Amnesty International 2023-03-27, 343).
According to Amnesty International, Sri Lanka "suppressed protests" by enacting a state of emergency (2023-03-27, 17). The Office of the UN High Commissioner for Human Rights (OHCHR) reports that the July 2022 state of emergency "impos[ed] a curfew, and grant[ed] broad and discretionary powers to security forces and the military" which permitted authorities to "detain protesters and search private properties without judicial supervision" (UN 2022-08-08).
Amnesty International reports that police "caus[ed] death and injuries" in "largely peaceful crowds" with their use of "live ammunition, tear gas and water cannon" and that protesters were "arrested, arbitrarily detained and charged with terror-related and other offences" (2023-03-27, 38, 39). The OHCHR states that security forces used "excessive force" to clear a protest camp on 22 July 2022 and a "peaceful" student protest on 18 August 2022 (UN 2022-10-04, para. 7). According to Front Line Defenders (FLD), an international organization aiming to protect human rights defenders (FLD n.d.), "authorities used excessive force to repress public demonstrations" (2023-04-04, 16). Sources report that in July 2022 more than 50 people were injured while a protest camp in Colombo was cleared by "soldiers" (Freedom House 2023-03-09, Sec. E1) or "military, police, and special forces" (Amnesty International 2022-07-22). Amnesty International notes that authorities were "indiscriminately beating and assaulting everyone and everything in their way" (2022-07-22). In a different report, the same source indicates that the "misuse" of tear gas and water cannons was "commonplace," causing the death of "at least" one individual in July 2022, and that live ammunition was used on protesters on several occasions (Amnesty International 2023-03-27).
US Country Reports 2022 indicates that President Wickremesinghe "arrested several dozen protest leaders" who were connected to the protest movement and notes that, according to civil society activists, the arrests were "politically fueled" (US 2023-03-20, 23). The same source notes that a "large majority" of those arrested were released on bail and that their cases were still ongoing as of October 2022 (US 2023-03-20, 23). According to Freedom House, people who were "perceived" participants of the protest movement were "targeted" and "arrested" by authorities (2023-03-09, Sec. E1). The same source states that "protesters who were arrested were reportedly tortured while in custody" (Freedom House 2023-03-09, Sec. F3). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
Tegal and Kadirgamar described the state's response to the protests as follows:
The police resorted to tactics of provoking protestors, making sweeping arrests and intimidating crowds at protest sites by firing tear gas, water cannons and installing barricades fixed with menacing spikes. Protestors were repeatedly summoned to give statements at police stations under the threat of arrest. Their homes were raided and families threatened. Undeniably, the state responded disproportionately with violence, force and intimidation to stifle people’s discontent, anger and pleas for help. (2022-11-16)
4. Counterterrorism Laws
The International Bar Association (IBA) [4] notes that the Prevention of Terrorism Act (PTA) has been criticized "nationally and internationally because it allows for torture and arbitrary detentions" (IBA 2023-06-02). A UN Human Rights Committee report states that the PTA, which was amended in 2022, defines terrorism "broad[ly]" and "is used to legitimize the targeting of minorities, in particular Muslims and Tamils, [and] critics of the Government" as well as people with diverse sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) (UN 2023-04-26, para. 16). Amnesty International describes the PTA as "draconian" and reports that, under the PTA, Muslim and Tamil minorities were "arbitrarily arrested and detained in disproportionate numbers" (2023-03-27, 42). According to the FLD annual report on human rights defenders globally, anti-terrorism laws and public security laws are "particularly devastating" to human rights defenders from "historically persecuted communities such as religious ethnic minorities" due to the compounding of "pre-existing discriminatory practices and violence" (2023-04-04, 48). Sources report that three student protest leaders were detained under the PTA in August 2022 (Amnesty International 2023-03-27, 344; FLD 2023-04-04, 48; Freedom House 2023-03-09, Sec. F2); the detention was approved by President Wickremesinghe (Amnesty International 2023-03-27, 344).
According to Human Rights Watch (HRW), in March 2023 the Sri Lankan government proposed a new Anti-Terrorism Act (ATA) meant to replace the PTA, which would "empower the authorities to systematically violate fundamental human rights" (2023-04-07). The IBA states that the ATA would expand the legal definition of terrorism "to include crimes such as property damage, theft or robbery" and permit authorities to "arrest anyone or seize anything without needing a warrant" (IBA 2023-06-02). Information on the status of the ATA in parliament as of July 2023 could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
5. Elections
Sources report that Sri Lanka's Elections Commission has postponed the local government elections, initially due to be held on 9 March 2023 (The Diplomat 2023-02-21; Bloomberg 2023-03-08), to 25 April 2023 (The Hindu 2023-04-11). Sources state that local government elections have been postponed "indefinitely" (Daily News 2023-06-15; The Hindu 2023-04-11) or have yet to take place (BBC 2023-07-06). Sources indicate that elections have been postponed due to an "acute shortage" (The Hindu 2023-04-11) or the "non-availability" (The Diplomat 2023-02-21) of funds (The Hindu 2023-04-11; The Diplomat 2023-02-21). Sources report that in March 2023, the Supreme Court "ordered funding" for the 25 April 2023 election (Bloomberg 2023-03-08) or issued an order "preventing the Finance Secretary and the Attorney General from withholding" election funds (The Island 2023-03-05).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Notes
[1] The Asia Center for Democracy and Development (ACFDD) is an "interdisciplinary" research centre studying the political, economic, social, and legal dimensions of democracy (ACFDD n.d.).
[2] Harvard Human Rights Reflections is a "discussion platform" where members of the Harvard "human rights community" publish various articles on "human rights law, theory, and practice" (Harvard Human Rights Reflections n.d.).
[3] The Feminist Collective for Economic Justice is a "collective of feminist economists, scholars, feminist activists, university students and lawyers that came together in April 2022 to understand, analyze and give voice to policy recommendations based on lived realities in the current economic crisis in Sri Lanka" (Feminist Collective for Economic Justice n.d.).
[4] The International Bar Association (IBA) is an organization that aims to protect and advance the rule of law; it is made up of bar associations, law societies, individual international lawyers and law firms (IBA n.d.).
References
Amnesty International. 2023-03-27. "Sri Lanka." Amnesty International Report 2022/23: The State of the World's Human Rights. [Accessed 2023-05-26]
Amnesty International. 2022-07-22. "Sri Lanka: Shameful, Brutal Assault on Peaceful Protestors Must Immediately Stop." [Accessed 2023-05-26]
Asia Center for Democracy and Development (ACFDD). N.d. "About Us." [Accessed 2023-07-13]
Bloomberg. 2023-03-08. Anusha Ondaatjie. "Sri Lanka Sets Delayed Local Government Polls for April 25." [Accessed 2023-07-10]
British Broadcasting Corporation (BBC). 2023-07-06. BBC Monitoring. "Sri Lanka Media Highlights 6 Jul 23." (Factiva) [Accessed 2023-07-10]
British Broadcasting Corporation (BBC). 2022-07-20. Frances Mao & Anbarasan Ethirajan. "Sri Lanka: Ranil Wickremesinghe Elected President by MPs." [Accessed 2023-07-11]
Cable News Network (CNN). 2022-07-20. Rhea Mogul, Iqbal Athas & Rukshana Rizwie. "Sri Lankan Parliament Elects Ranil Wickremesinghe as President, but Some Protesters Vow to Fight On." [Accessed 2023-06-02]
Centre for Policy Alternatives (CPA). 2022-07-27. Emergency Regulations Promulgated in May and July 2022. [Accessed 2023-06-02]
Daily Mirror. 2022-07-09. "RW's House on 5th Lane Set on Fire by Protestors." [Accessed 2023-06-02]
Daily News. 2023-06-15. "Gearing up for Election Battle." (Factiva) [Accessed 2023-07-10]
The Diplomat. 2023-02-21. Rathindra Kuruwita. "Sri Lanka Government Develops Cold Feet, Calls Off Local Elections." [Accessed 2023-05-26]
Fédération internationale pour les droits humains (FIDH). 2023-03-06. "Sri Lanka: FIDH Briefs UN Human Rights Committee on Violations of Freedom of Assembly." [Accessed 2023-06-10]
Feminist Collective for Economic Justice. N.d. "A Response to the Sri Lankan Economic Crisis." [Accessed 2023-06-10]
France. 2022-08-18. Office français de protection des réfugiés et apatrides (OFPRA). Sri Lanka : Le mouvement de protestation « Aragalaya » de 2022 contre la gouvernance des Rajapaksa. [Accessed 2023-05-26]
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Green, Mark A. 2022-08-16. "The Mayor of Colombo, Sri Lanka, Says the Capital City Only Has Enough Food to Last Until September." Wilson Center. [Accessed 2023-06-10]
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The Hindu. 2023-04-11. "Sri Lanka's Local Body Polls Postponed Indefinitely Due to Lack of Funds." [Accessed 2023-07-10]
Human Rights Watch (HRW). 2023-04-07. "Sri Lanka: Reject New Counterterrorism Bill." [Accessed 2023-06-13]
Human Rights Watch (HRW). 2023-01-12. "Sri Lanka." World Report 2023: Events of 2022. [Accessed 2023-05-26]
Imtiyaz, A.R.M. 2023-04-06. "Janatha Aragalaya: The People's Struggle in Sri Lanka." Colombo Telegraph. [Accessed 2023-07-10]
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International Bar Association (IBA). N.d. "About the IBA." [Accessed 2023-06-13]
International Crisis Group. 2022-07-18. Alan Keenan. "Sri Lanka's Uprising Forces Out a President but Leaves System in Crisis." [Accessed 2023-05-26]
The Island. 2023-03-05. "SC Makes Interim Order to Provide Funds for Local Elections." [Accessed 2023-07-10]
The New York Times. 2023-01-31 (updated 2023-02-02). Mujib Mashal & Skandha Gunasekara. "Sri Lanka Is Calm Again. That Doesn't Mean Things Are Any Better." [Accessed 2023-06-13]
Reuters. 2022-07-14. Uditha Jayasinghe, Alasdair Pal & Chen Lin. "Sri Lankan President Hands in Resignation After Fleeing to Singapore." [Accessed 2023-06-02]
Tegal, Ermiza & Niyanthini Kadirgamar. 2022-11-16. "The Crisis in Sri Lanka: Human Rights in Peril." Harvard Human Rights Reflections. [Accessed 2023-06-10]
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United Nations (UN). 2022-08-08. Office of the High Commissioner for Human Rights (OHCHR). "Sri Lanka: UN Human Rights Experts Condemn Repeated Use of Emergency Measures to Crackdown on Protests." [Accessed 2023-07-10]
United States (US). 2023-03-20. Department of State. "Sri Lanka." Country Reports on Human Rights Practices for 2022. [Accessed 2023-07-12]
United States (US). 2023-02-23. Congressional Research Service (CRS). "Sri Lanka." [Accessed 2023-05-26]
United States Institute of Peace (USIP). 2022-07-15. Tamanna Salikuddin. "Five Things to Know About Sri Lanka's Crisis." [Accessed 2023-05-29]
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Additional Sources Consulted
Internet sites, including: Al Jazeera; Asian Development Bank; Australia – Department of Foreign Affairs and Trade; Austrian Red Cross – ecoi.net; Bertelsmann Stiftung; Carnegie Endowment for International Peace; Center for Justice and Accountability; Centre for Monitoring Election Violence; Centre for Social and Economic Progress; Council on Foreign Relations; Germany – Federal Office for Migration and Refugees; Institute of Policy Studies of Sri Lanka; International Institute for Democracy and Electoral Assistance; International Institute for Strategic Studies; Mannar Social and Economic Development Organization; Sri Lanka – Election Commission, Human Rights Commission; UK – Home Office; US – CIA World Factbook; World Bank.