Sri Lanka faced sustained scrutiny in Geneva as the UN Committee on Enforced Disappearances (CED) concluded its first examination of the island’s record under the International Convention on the Protection of All Persons from Enforced Disappearance last week.
Experts welcomed the transposition of the Convention into domestic law but raised pointed questions about arbitrary detentions, “short-term” disappearances, intimidation of victims’ families and long-standing impunity.
Opening the dialogue, Committee Vice-Chair and Country Co-Rapporteur Olivier de Frouville said Sri Lanka “had been particularly affected by enforced disappearance,” citing waves of cases in the 1980s and 1990s and “throughout the conflict period until 2009.” He acknowledged steps taken since ratification, including the 2018 statute and the establishment of the Office on Missing Persons (OMP), describing the law as “a good transposition of the Convention.” However, he noted “several cases of arbitrary detention and ‘short-term’ disappearances reported in recent years, including cases of people being taken in white vans and held in secret detention for extended periods.” He asked, “How did the State ensure that the police enforced the zero-tolerance policy for such detentions?”
Country Co-Rapporteur Carmen Rosa Villa Quintana focused on the treatment of families. “The families of victims of enforced disappearance were reportedly threatened with intimidation or surveillance by the State and, in some cases, police had refused to accept complaints,” she said. “How did the State party ensure that victims’ families could submit complaints without fear of reprisals?” She added that Sri Lanka now had “an opportunity to progress and recognise all the rights of victims,” and urged action on access to information, protection measures and effective remedies.
Presenting the State report, Justice Minister Harshana Nanayakkara insisted that Colombo had embedded an absolute bar on disappearances. “The International Convention for the Protection of all Persons from Enforced Disappearance Act of 2018 was enacted to give effect to the Convention and operationalise it domestically,” he said. “This Act provided for an absolute prohibition of enforced disappearance.” He told the Committee the Human Rights Commission of Sri Lanka was mandated to conduct unannounced visits to police stations, prisons and childcare facilities. “The Government believed in securing justice for the victims of enforced disappearance and finding truth and closure, in line with its commitment with human rights and fundamental freedoms,” he said in closing remarks. “It heard the pain of missing citizens and their families and would continue to uphold its promises to them.”
Yet, the Sri Lankan government has refused to listen to the demands of Tamil families of the disappeared who have called for an international investigation and accountability mechanism for enforced disappearances. Families have been staging continuous roadside protests for several years, yet their calls remained unfulfilled.
The delegation claimed there had been no enforced disappearances reported during the 2017 to 2023 period following ratification. Officials stated that the OMP “had records on 23,300 cases of missing persons,” comprising around 16,000 civilians and approximately 3,700 security personnel missing in action. The Office, they said, had “successfully traced 23 missing persons,” issued Certificates of Absence, referred families to the reparations office and “was investigating three cases of ‘short term’ enforced disappearance.”
No further details were offered on the 23 reported “successfully traced” cases.
Committee members also pressed for specifics on accountability. De Frouville asked whether Sri Lanka would recognise the Committee’s competence to receive individual complaints, and sought updates on cases sent to the High Court, the effectiveness of habeas corpus, and access to police and military archives. He queried the status of earlier recommendations to prosecute perpetrators and raised the issue of presidential pardons, asking how the State was “tackling impunity.” Villa Quintana asked how authorities respond when “perpetrators of enforced disappearance had been identified but not brought to trial,” and what measures were in place “to fight impunity” when officials accused of involvement were appointed to senior posts.
Responding, the delegation said the Attorney General’s Department acted independently and that “the criminal procedure code included judicial supervision of investigations.” They noted that the Supreme Court was considering issues linked to individual communications to UN bodies and a presidential pardon case, and that “the national police commission” and inspector general accepted complaints against police officers. Officials pointed to legal reforms under way, stating that a cabinet committee was finalising draft counter-terrorism legislation “aligned with international standards and best practices,” with the intention to repeal the Prevention of Terrorism Act. “Former Governments had refused to consider repealing the Prevention of Terrorism Act,” the delegation said. “The current Government had established a committee that would draft a new law to replace the Act.”
The Committee pursued questions on mass graves, data systems and the independence of institutions. Villa Quintana asked about the preservation of remains, DNA databases and whether Sri Lanka had sought international assistance for exhumations, noting reports of sites in the North-East and the long-running Chemmani case. The delegation replied that “all investigations of mass graves were carried out with judicial oversight,” that international standards were being implemented, and that exhumed remains were held by judicial medical officers. On Chemmani, they said “remains were ready for forensic investigations or exhumations,” and added that five army personnel had been arrested in connection with bodies recovered there.
The response from the Sri Lankan delegation seemed to point to the original excavations of the site in 1998, after a Sri Lankan soldier on trial for rape and murder of a Tamil schoolgirl revealed that he and other troops had buried hundreds of bodies there. Since then, excavations have intermittently uncovered remains bearing signs of torture and execution, but accountability has never followed.
Earlier this year, at least 240 human skeletons, including the remains of children, infants, and bodies found in overlapping positions, were uncovered in Chemmani.
On the operation of the OMP and reparations, the delegation cited “a protection strategy and a victim and family support strategy.” They said the Office had helped “2,700 families to obtain certificates of absence,” provided psychosocial support to “370 families,” and assisted “4,700 families” to secure financial reparations. Villa Quintana asked whether the OMP’s leadership would be appointed through a transparent process to strengthen credibility and whether women’s participation and protection were being prioritised. Officials responded that members were selected by the Constitutional Council, that the OMP had “financial and functional independence,” and that certificates of absence were voluntary and renewable.
The OMP has been repeatedly rejected by Tamil families of the disappeared, in their call for international oversight.
Committee experts probed the treatment of migrants and refugees and the risk of refoulement. De Frouville asked about the legal status of asylum seekers, including recent arrivals from Myanmar, and whether appeals against removal had suspensive effect. The delegation said Sri Lanka was not party to the 1951 Refugee Convention but was bound by other non-refoulement obligations, and that rescued arrivals had been provided with shelter, health checks and food while action had been taken against smugglers.
The dialogue also returned repeatedly to the intimidation of relatives and defenders. Villa Quintana sought assurances that families could report cases “without fear of reprisals,” and asked for data on how courts and the Human Rights Commission enforced requests for information under the Convention. Officials said the police had “a zero-tolerance policy on the suppression of complaints,” that disciplinary measures were taken against officers who refused to record them, and that there were hotlines and a website to lodge complaints directly with the inspector general. They added that a national day of remembrance for the disappeared was now observed, with “human rights defenders and families of victims invited to give speeches.”
Yet, the Sri Lankan government delegation also publicly accused prominent Tamil journalist and human rights defender Kumanan Kanapathipillai of “terrorist activities and financial crime”.
M T T Ruwan Kumara, Director of the Criminal Records Division (CID) of the Sri Lankan police claimed there was “reliable information” linking Kumanan to “terrorist activities and financial crime,” alleging that he had “provoked protestors against government forces for personal gain.”
In his closing statement, Committee Chair Juan Pablo Albán Alencastro thanked the delegation and experts for a candid exchange. “The common goal of the Committee and the State party was to ensure implementation of the Convention in Sri Lanka,” he said. He added that the Committee “worked with all States parties, victims and stakeholders towards the eradication of enforced disappearance.”
The Committee will issue its concluding observations on Sri Lanka at the end of its session on 2 October.
