any action taken and recommendations made (Section 30 of the Act). The Commission does
not act upon the instructions of the government. Its daily operations are headed by the
Chairperson and four Commissioners, who are also responsible for appointing the Secretary
and Staff of the Commission.
The mandate of the Commission includes, inter alia, the power to inquire into any complaint
of fundamental rights violation or imminent fundamental rights violation and grant suitable
redress, including compensation. The Commission also has the power to intervene in a
matter pertaining to fundamental rights before any court (Section 11 (c)) and the authority
to scrutinize national laws, administrative directives and practices to ensure they are in
accordance with international human rights norms through the release of recommendations
to government (Section 10 (d)). Further, the Commission is mandated to raise public
awareness and engage in educational activities on human rights (Section 10 (f)).
The Commission has the mandated function to monitor the welfare of persons detained, by
regular inspection of any places of detention, and to make such recommendations as may be
necessary – Section 11 (d) and Section 28 (2) of the Act. This makes the Human Rights
Commission the only entity in the country with unfettered access, without prior
authorization, to any place where a person is deprived of liberty to inspect, report and make
recommendations on the improvement of their treatment and conditions in compliance with
international standards.
2. A status accreditation
In May 2018, the Human Rights Commission of Sri Lanka was accredited as an ‘A’ status
national human rights institution by the Sub-Committee on Accreditation of the Global
Alliance of National Human Rights Institutions (hereinafter referred to as GANHRI).
The Commission had been downgraded to ‘B’ status in 2007, which was further renewed in
2009, due to non-compliance with the Paris Principles - the international standards for
human rights institutions. Following the appointment of the new Commission by the
Constitutional Council in 2015, the Commission renewed its commitment to act as an
independent monitoring and oversight body in ensuring compliance of the State with the
fundamental rights enshrined in the Constitution and international human rights standards.
3. National Preventative Mechanism (hereinafter referred to as ‘NPM’)
On the 14 November 2017, the Cabinet of Ministers approved Sri Lanka’s accession to the
UN Optional Protocol to the Convention Against Torture (hereinafter referred to as OPCAT),
and the Human Rights Commission was named the NPM. By virtue of Article 20 of the OPCAT,
the State is required to grant access, and all information related, to places of detention to the
NPM, and to speak to persons without witnesses and inspect the conditions of detention. The
NPM can make recommendations to the State to improve the treatment and conditions of
persons held in detention and make observations on draft and existing legislation.
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