Episode: KPN 02-02-2025 

HRCL reports on Rohingya asylum seekers

The Human Rights Commission of Sri Lanka (HRCSL), on Friday (31), called for urgent measures to address the conditions of 116 Rohingya asylum seekers, including 57 children, currently detained at the Mullaitivu Air Force Camp.

The group arrived on December 19, 2024 after a multi-day journey on a trawler that drifted towards the coast near Mullivaikkal. Several asylum seekers had perished during the journey before local fishermen provided humanitarian aid and the Sri Lanka Navy escorted the vessel to Trincomalee. The survivors were later detained following an order by the Trincomalee Magistrate.

Following a visit to the Mullaitivu Air Force Camp on January 9, the HRCSL issued a report highlighting legal obligations under both domestic and international law to protect the asylum seekers. It emphasised the principle of non-refoulement, which prevents the return of individuals to a country where they may face grave risks, such as enforced disappearance.

The HRCSL referred to the UN Independent International Fact-Finding Mission on Myanmar, which documented the dangers faced by the Rohingya community, urging the government to meaningfully consider these risks when making decisions about potential repatriation.

The report cited section 5(2) of the International Covenant on Civil and Political Rights Act, No. 56 of 2007, which mandates that the best interests of the child must be prioritised in all matters involving children, regardless of their nationality. The HRCSL stressed that this protection must extend to the Rohingya children currently detained in Sri Lanka. It recommended that state authorities grant regular access to child protection experts to ensure the children’s welfare is safeguarded.

The commission also recommended that the Department of Immigration and Emigration, along with the Sri Lanka Air Force, appoint focal points to ensure the timely delivery of essential aid such as clothing, sanitary products, and food for the asylum seekers, especially for children. Additionally, it urged the authorities to provide access to specialised UN agencies, including UNHCR, to properly vet and register the asylum seekers as needed.

Concerns over the treatment of female asylum seekers were also raised, with the HRCSL calling for adequate sanitary facilities and security provided by trained women police officers. The commission further recommended transferring the asylum seekers to a more appropriate facility equipped to meet the needs of men, women, and children.

Any detention, it stated, should be strictly temporary and limited to the time required to make informed decisions on their status. Those registered as asylum seekers should be promptly released from custody.

The HRCSL expressed alarm over reports that human rights defenders (HRDs) advocating for the Rohingya had been subjected to harassment by law enforcement officials. Complaints forwarded to the commission highlighted intimidation of HRDs engaged in legitimate activities, including organising peaceful protests against government policy on repatriation. The HRCSL urged state institutions to respect the right to peaceful assembly and refrain from threatening or harassing activists. It warned that it would summon relevant parties for inquiries if these issues persist.

The commission also recommended that Sri Lanka ratify key international conventions, including the 1951 Refugee Convention, the 1954 Convention Relating to the Status of Stateless Persons, and the 1961 Convention on the Reduction of Statelessness. These conventions, it noted, would help establish comprehensive legal protections for refugees and stateless individuals within the country’s domestic legal framework.

The HRCSL’s report underscored the need for immediate action and long-term reforms, stressing that Sri Lanka’s obligations under international law demand a compassionate and lawful response to those fleeing persecution and seeking refuge on its shores.

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