HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2019
training and necessary equipment such as tear gas canisters, rubber
bullets and water cannons in a manner that is easily accessible to
provincial police stations; instructing the officers-in-charge of police
stations of the need to strictly enforce Section 3 of the International
Covenant on Civil and Political Rights Act No.56 of 2007 (ICCPR Act) in
relation to those who are inciting communal violence; and ensuring that
no undue political or other external interventions are tolerated, and that
strict legal action be taken against those who obstructs police officers
from performing their duties.
▪
Recommendation to withdraw the circular entitled
'Ensuring Security in the office premises of the
Government’
The Commission recommended that the Public Administration Ministry
withdraw the above circular immediately. The Commission found the said
circular which imposes a certain dress code on employees at government
institutions to be a violation of Article 12 (1), Article 12 (2) and Article 14
(1) of the Constitution and Section 6 (1) of ICCPR Act No. 56 of 2007.
▪
Guidelines on Section 3 of the International Covenant on
Civil and Political Rights Act No.56 of 2007
The Commission issues guidelines on the application of the hate speech
law (S.3 of ICCPR) on 29.08.2019. The Commission considers Section 3 of
the International Covenant on Civil and Political Rights Act No.56 of 2007
as a significant legal framework to address hate-crimes. As there is no
authoritative Sri Lankan jurisprudence on section 3 of the lCCPR Act, the
Commission drew from the discourse surrounding Article 20 of the
International Covenant on Civil and political Rights i.e. the original Article
to which Section 3 of the ICCPR Act gives domestic effect, in order to
understand its scope and application. After an analysis of the scope and
application of the law, the Commission issued the guidelines on the
application of the hate speech law. The Commission has forwarded the
guidelines to the Hon. Attorney General and the Inspector General of
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