Human Rights Commission of Sri Lanka Sends Official Letter to the President

09-Dec-2025

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The Human Rights Commission of Sri Lanka (HRCSL) has expressed concern in a letter to the President over public statements by government representatives claiming that emergency regulations would be used against those criticizing the President or the government.

The Commission stressed that aside from misinformation that directly incites violence, the government should not suppress opinions merely based on their accuracy under criminal law.

The letter, sent regarding the regulations in the 2025 Emergency Declaration No.1 issued on Nov 28 following the cyclone disaster, acknowledged the severity of the national crisis, the loss of life and property, and the government’s efforts to recover.

The HRCSL noted that some emergency provisions previously used by past governments conflict with constitutional fundamental rights and international human rights standards.

They also warned that certain offenses defined under essential services could affect the right to engage in legal trade union activity. 

The Commission reiterated its earlier recommendation to repeal Penal Code Sections 365 and 365A concerning consensual sexual conduct between adults, as these too have been included under emergency regulations.

The letter emphasized that criticism of public officials is a protected part of freedom of expression under Article 14(1)(a) of the Constitution. They urged that except for false information inciting violence, the government must not attempt to criminalize criticism simply based on factual accuracy.