The report of the Office of the United Nations High Commissioner for Human Rights (OHCHR) notes that the new government has both a historic opportunity and the mandate of people from all communities to establish truth and justice and lay the foundation for sustainable peace. 

 

It stresses that the government should create an environment conducive to transitional justice by acceding to the Rome Statute of the International Criminal Court.

 

In such a context, implementing necessary reforms, establishing truth and justice, and laying the foundation for sustainable peace are historic opportunities available to the new government, supported by the mandate of people from all communities. Ensuring accountability and addressing the root causes of conflict are essential to achieving the government’s goal of national unity.

 

The OHCHR report also states that through its evidence-gathering mechanism on past violations, about 34,000 items of data and evidence have been collected over the past four years.

 

With the 60th session of the UN Human Rights Council scheduled to begin on September 8, the OHCHR has released its advance draft report on Sri Lanka’s human rights situation.

 

The report highlights that while the new government has pledged to resolve Sri Lanka’s long-standing problems, it must take constructive and strong measures to ensure accountability for past human rights violations and international crimes. The key points noted in the report are as follows:

 

• In the September 2024 presidential election, Anura Kumara Dissanayake was elected President. Following that, in the November parliamentary election, the National People’s Power led by him won a majority of seats, giving them a mandate for significant social, political, and economic reforms.

• Harini Amarasuriya was appointed Prime Minister, the first woman to hold the position since 1994.

• 22 female representatives were elected to Parliament, increasing female representation by 9.8%.

• In the May 2025 local government elections, the NPP government won 43.2% of the vote, while Tamil parties regained dominance in the Northern and Eastern provinces. However, provincial council elections under the 13th Amendment have not been held since 2014.

 

President, in his policy statement in Parliament, acknowledged the severe damage and suffering caused by decades of ethnic politics and conflict. The new government pledged to:

• Repeal the Prevention of Terrorism Act,

• Address corruption and fraud,

• Establish an independent prosecutorial office,

• Ensure accountability for the Easter Sunday terrorist attacks and other major crimes.

 

The government also pledged to draft a new constitution that ensures equality and democracy, and devolves political and administrative powers to all local, district, and provincial councils.

The report also notes the ongoing impacts of the economic crisis:

• Poverty level in 2024 stood at 24.5%, double that of 2019.

• Food prices doubled between 2021 and 2024.

• Employment and wages remained below pre-crisis levels, worsening poverty and food insecurity.

• Hill Country Tamil communities, already facing structural and economic discrimination, were further affected, with continued struggles for land and labour rights.

 

The government promised to abolish all repressive laws, including the PTA, but continues to use it to arrest and detain people — mainly Tamils and Muslims — including those who took part in commemorations and protests. The Public Security Ordinance provisions allowing military involvement in law enforcement also continue to be renewed.

 

Although the government pledged to amend the State of Emergency law, it remains in force. Both the PTA and Emergency laws severely restrict freedom of expression.

 

Long-standing calls to amend the Muslim Marriage and Divorce Act continue. The previous government prepared a draft amendment in May 2023, and the current government has said it will take it forward.

 

Sixteen years after the end of the war, meaningful security sector reforms have yet to be carried out. In the North and East, families of the disappeared, community leaders, civil society activists, and others working on accountability and disappearances continue to face surveillance and harassment.

 

Government officials from departments such as archaeology and forestry, often alongside Buddhist monks, continue land acquisition activities in the North and East that threaten places of worship.

 

Acknowledging the serious violations, including international crimes, committed during the war, and ensuring truth and justice for affected parties, is essential. The President stated that his government is willing to conduct full investigations into such crimes. If implemented, this could provide a renewed opportunity for accountability, but entrenched impunity remains.

 

The Office on Missing Persons, established in 2018, has yet to reveal what happened to the thousands forcibly disappeared. Victims have lost trust in it. To regain trust, it must work with transparency, clarity, and defined timelines.

 

The High Commissioner recently visited Sri Lanka, including a mass grave site, highlighting the urgent need to exhume and preserve mass graves and improve forensic capacity.

 

The government has said it will establish a Truth and Reconciliation Commission after consultations with all parties. However, this requires first building trust among victims through transparent and fair discussions, and aligning the mechanism with long-standing UN recommendations.

 

Lack of accountability for human rights violations, particularly those involving security forces, remains a fundamental human rights problem. Allegations of sexual violence by military and police during the war continue to go unpunished.

 

Following the President’s pledge to investigate the 2019 Easter Sunday attacks, independent and transparent investigations must be conducted to identify the masterminds.

 

Civil society activists assisting the OHCHR’s evidence-gathering mechanism on past violations have reported facing threats. Funding cuts have also hampered evidence collection and preservation. The OHCHR currently holds over 105,000 items of data — 75,800 from the 2015 UN investigation on Sri Lanka, 2,000 from other UN programmes, and 34,000 collected over the past four years under the accountability project.

 

In such a context, the new government has both the historic opportunity and the people’s mandate to carry out reforms, establish truth and justice, and lay the foundation for sustainable peace. Accountability and addressing the root causes of conflict are vital for achieving national unity. 

 

The report recommends that the government accede to the Rome Statute of the International Criminal Court to facilitate transitional justice.