HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2020
by the media, in view of the contingencies of the pandemic, the HRCSL urged
His Excellency to grant a general amnesty as permitted under Article 34 of
the Constitution of Sri Lanka to certain categories of prisoners which, the
Commission assured will not jeopardize the goals of the correctional system.
Recommendations on regularizing the imposition of
curfew
In view of the large number of persons arrested and vehicles confiscated for
violation of curfew imposed from March, 2020 and thereafter in view of the
COVID-19 pandemic and pursuant to expressions of public concern received
by the Commission in this regard, the HRCSL issued recommendations to the
IGP to regularize the imposition of curfew. Acknowledging the need to
restrict freedom of movement in the interests of public health and public
order during an extraordinary health emergency such as the COVID-19
pandemic, the Commission was of the view that it is incumbent on the
Commission to examine whether such restrictions are imposed in a manner
that is compatible with relevant constitutional and legal provisions and
international human rights obligations of Sri Lanka and to make necessary
recommendations to the government in that regard.
After a comprehensive analysis of the situation, the Commission
recommended curfew be regularized in one of two ways, i.e. by Order made
by the President and gazetted under Section 16 of the Public Security
Ordinance (PSO), is the most authoritative manner in which curfew could be
declared and does not require a declaration of a state of emergency; OR by
regulation made by the Minister under Section 2 read together with Section
3 (2) of the Quarantine and Prevention of Disease Ordinance. The
Commission observed that it is essential that there is transparency in the
declaration of curfew and all other forms of restriction of movement which
requires all declarations of curfew to be formally made and be available in
the public domain. The Commission emphasized that nothing in the
recommendations it made should be construed by any member of the public
to act contrary to health guidelines issued by the public health authorities in
regard to the COVID-19 pandemic or act in a manner that would be harmful
to public health in general.
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