The Human Rights Commission of Sri Lanka (HRCSL) has voiced strong concern over the misuse of Section 3 of the ICCPR Act to suppress peaceful commemoration events, particularly in the North and East.
In a letter to the Acting Inspector General of Police, the HRCSL emphasized its statutory duty to uphold human rights and pointed out that individuals have been wrongfully arrested under the pretext of preventing incitement to violence.
The Commission noted that remembrance events, especially those honouring Tamil civilians who died during the 2009 conflict, have been unjustly criminalised.
It stated that peaceful acts of commemoration do not constitute incitement to hatred or violence and are therefore protected under Article 14(1)(a) of the Constitution, which guarantees freedom of expression.
The HRCSL condemned the police practice of seeking court orders to block these events, noting that some of these attempts were dismissed by the judiciary.
The Commission further warned that misapplying the ICCPR Act could result in harassment and the denial of bail, thus violating individuals’ fundamental rights.
It also clarified that commemorative acts are part of “collective reparations,” a concept protected under the Office for Reparations Act.
As a solution, the HRCSL urged the Acting IGP to issue clear instructions, in all three national languages, directing police officers to respect peaceful commemorative gatherings.
The Commission called on police divisions to stop seeking court orders against events that do not promote hate or violence, and reminded authorities of the government’s 2024 pledge to respect peaceful commemorations.
