HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2020
amenities to survive, despite the promise made by the Government to
repatriate them in early November. Further, many of them have either had
their visas canceled or expired, thereby converting them into illegal
immigrants. Reiterating the state’s obligation to guarantee the right of
migrant workers and their families to return to their state of origin in terms
of the Constitution, and various international treaties which Sri Lanka has
ratified, the Commission urged the Government to take immediate action to
secure the safe repatriation of the migrants and their families stranded
overseas in fulfillment of Sri Lanka’s national and international human rights
obligations. Drawing attention to the importance of migrant remittances to
the economy, the Commission observed that their services to the economy
and country cannot be ignored and they deserve the strongest support in
their hour of need.
Recommendations on the disposal of dead bodies in the
context of COVID-19
The Commission forwarded its observations and recommendations on the
disposal of dead bodies in the context of COVID-19 to the Secretary to the
Ministry of Health and the Director General of Health Services on 25
November 2020. These observations and recommendations were issued
pursuant to the Commission receiving complaints and expressions of
concern from persons of various religious groups including Muslims,
Christians, and Buddhists on their inability to perform final religious rites
after the death of persons in the context of COVID-19. The recommendations
stated that the performance of final religious rites such as those performed
at burial ceremonies is a form of manifestation of religion or beliefs and
cannot be restricted except according to Constitutional and international
human rights obligations. The mandatory requirement for cremation
imposed under Extraordinary Gazette No.2170/8 dated 11 April 2020 was
thus identified as an invalid restriction of the freedom to manifest religion
or belief. It inter alia recommended that burials as well as cremations of
bodies of persons who succumb to the COVID-19 virus must be permitted
while adhering to required health guidelines.
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