Repeal 18th amendment – UNHRC

The UN Human Rights Committee in concluding observations of its review of Sri Lanka’s human rights record states the Committee is ‘concerned by the 18th Amendment to the Sri Lankan Constitution which, inter alia, discontinues the Constitutional Council and empowers the President to dismiss or appoint members of the judiciary and other independent bodies.  Furthermore, it is concerned at the impeachment of the former Chief Justice in January 2013 under circumstances that raised serious doubts about its consistency with basic principles of due process and judicial independence and asks teh government of Sri Lanka to ‘Repeal the 18th Amendment to the Constitution, take legislative and other measures to ensure transparent and impartial processes for appointments to the judiciary and other independent bodies; and, take concrete measures to ensure the protection of members of its judiciary from improper influences, inducements, pressures, threats or interferences, including those of the executive and/or legislature of the State party. 
The committee also states it is ‘concerned that notwithstanding the lifting of the emergency regulations, provisions similar to that of the emergency regulations continue to be applied within the framework of the Prevention of Terrorism Act, including restrictions on freedom of expression and association, arbitrary searches and arrests, prolonged detention without charge or trial, and the reversal of the burden of proof when detainees allege that they have made confessions as a result of torture or ill-treatment.
It also expresses concern at reports of arbitrary surveillance, torture, detention, enforced disappearances, sexual violence against them and acquisition of land for military purposes.
Among many other concerns the Human Rights Committee also expresses concern ‘at widespread reports of intimidation and harassment, including physical attacks, death threats, administrative detention and politically motivated charges, against journalists, lawyers, clergymen, NGO workers and human rights defenders, by State officials, including at the charges brought against opposition politicians. It is also concerned about reports of defamation campaigns against human rights defenders and the blocking of websites. Furthermore, it is concerned at the State party’s failure to bring perpetrators of reprisals to justice.’