UN Human Rights Council mulled new oversight resolution as govt continued to dismiss deeply critical UN human rights report. Following late Jan report by UN High Commissioner Michelle Bachelet that noted “warning signs” of possible return of “grave human rights violations” and advocated “international action to ensure justice for international crimes” allegedly committed during 26-year civil war, UN Human Rights Council 22 Feb began Spring session where it will consider new resolution to pursue accountability and maintain international oversight over Sri Lanka as 2015 resolution approaches expiration. Govt reiterated harsh response to UN report; foreign affairs ministry 21 Feb labelled it “propaganda” and part of campaign of “premeditated attempts at vilifying Sri Lanka”. Seventeen former UN special rapporteurs and human rights experts 5 Feb issued joint statement expressing grave concerns about “continued reluctance of the Sri Lankan Government to meaningfully uphold the human rights of all”. Pakistani PM Imran Khan 23 Feb visited Sri Lanka, seen as attempt by Sri Lankan govt to court support from Muslim-majority states for countering new UN resolution; Khan welcomed govt’s 26 Feb announcement of reversal of widely criticised policy mandating cremation of bodies of COVID-19 victims; govt had yet to allocate land for burials by month’s end. Meanwhile, presidential commission of inquiry on 2019 Easter bombings 1 Feb submitted long-awaited report to President Rajapaksa, who 19 Feb appointed ministerial committee to look into how to respond to its recommendations, which have not yet been formally made public. Thousands of mostly Tamil and some Muslim demonstrators 3-7 Feb marched 400km from Pottuvil town in eastern province to Polikandy town near Jaffna in northern province in protest of land grabs and Sinhalisation of Tamil-majority areas, militarisation, forced cremations, disappearances, anti-terrorism laws and political prisoners. Govt 1 Feb unilaterally cancelled Feb 2019 agreement with India and Japan for public-private partnership to develop Eastern Container Terminal of Colombo port.

UN human rights office (OHCHR) issued highly critical report about country’s trajectory and called on international support to avert future abuses. OHCHR 27 Jan issued report – pursuant to Human Rights Council resolution 40/1 – criticising country’s failure “to address past violations” and “risk of human rights violations being repeated”: said govt “proactively obstructing investigations and trials” and called for “enhanced monitoring and strong preventive action” by international community; govt 27 Jan rejected report as “speculative, presumptive and unsubstantiated”, and beyond mandate given by Human Rights Council. Earlier in month, Tamil political parties, civil society groups and religious leaders 15 Jan jointly called for UN to establish international accountability mechanism and rejected domestic accountability process. President Gotabaya 21 Jan appointed Commission of Inquiry to review work of past commissions established to investigate human rights violations. Indian FM Subrahmanyam Jaishankar 6 Jan met with Gotabaya in capital Colombo; Jaishankar said it is in country’s “own interest” that Tamil aspirations for “equality, justice, peace and dignity” are met, urged govt to maintain devolution of power enshrined in 13th constitutional amendment, which some of Gotabaya’s close allies seek to abolish. Gotabaya 13 Jan announced deal with India and Japan to jointly develop container terminal in Colombo port; PM Mahinda Rajapaksa 31 Jan promised major change to deal following protests against Indian involvement by nationalist monks and trade unions. Jaffna University authorities, on orders from central govt, 8 Jan demolished memorial to Tamil civilians killed during civil war, sparking student protests along with domestic and international backlash; university’s vice chancellor 10 Jan promised to reconstruct monument, reportedly after India’s ambassador to Sri Lanka raised concern with PM. Amid growing criticism from opposition over govt’s policies, Gotabaya 9 Jan called on opponents to engage in “civilised politics without misleading the public” and appeared to threaten to kill prominent opposition MP Harin Fernando who had earlier criticised him; Fernando next day requested police protection. Health minister 7 Jan told parliament that govt would continue to cremate all COVID-19 victims in contravention of Islamic burial practices and contrary to World Health Organization guidelines.

President Gotabaya Rajapaksa appointed loyalists to independent oversight commissions while govt’s COVID-19 policy vis-à-vis Muslims sparked outrage and small-scale protests. Parliamentary council – established under 20th amendment to constitution, which grants Gotabaya sweeping powers – early Dec rubber-stamped Gotabaya’s nominees to several independent oversight commissions, including Sri Lanka’s Human Rights Commission, National Election Commission and National Police Commission. In 10 Dec letter to govt, two UN special rapporteurs expressed concern that 20th constitutional amendment would damage country’s liberal and democratic institutions. Supreme Court 1 Dec dismissed multiple petitions challenging govt’s policy of cremating all COVID-19 victims, including Muslims, in contravention of Islamic burial practices. Cremation against parents’ wishes 9 Dec of 20-day old Muslim baby who died of COVID-19 sparked public outrage and small-scale protests against govt’s cremation policy in capital Colombo and across country’s Buddhist, Hindu and Christian communities, as well as in Europe, U.S. and Canada. Organisation of Islamic Cooperation 10 Dec expressed concern over Sri Lankan authorities “insisting on cremation” of Muslim COVID-19 victims. Maldivian govt 14 Dec announced it was considering request by Sri Lanka to bury remains of Sri Lankan Muslims in Maldives; Muslim activists and politicians rejected proposed arrangement and UN special rapporteur on freedom of religion or belief 16 Dec said it could further marginalise Muslims in Sri Lanka. U.S. Millennium Challenge Corporation 15 Dec withdrew $480mn development assistance grant to Sri Lanka “due to lack of partner country engagement”.

Unshackled by 20th amendment to constitution, President Gotabaya Rajapaksa installed loyalists in senior judicial and security positions. Following Oct passage of 20th constitutional amendment giving Gotabaya sweeping powers, newly created Parliamentary Council 10 and 23 Nov rubber-stamped Gotabaya’s nominees for senior positions, including six Supreme Court justices, 14 Court of Appeal judges and Inspector General of Police. In address to nation on first anniversary of 2019 presidential election victory, Gotabaya 18 Nov stated that Sinhalese voters voted for him “because they had legitimate fears that the Sinhala race … would be threatened with destruction in the face of various local and foreign forces and ideologies”. Hardline nationalist retired Admiral Sarath Weerasekara, known for past threats against civil society activists and calls for ban of main Tamil political alliance, 26 Nov appointed as minister of public security in charge of police and civil defence force. With arrests and court orders blocking public commemorations, Tamils 27 Nov held small private Maaveerar Naal (Great Heroes Day, or Tamil Remembrance Day) ceremonies to remember family members killed during three-decade civil war. Amid second COVID-19 wave, health ministry committee 22 Nov reaffirmed govt’s policy of mandatory cremation of all COVID-19 victims despite widespread criticism; opposition leader Sajith Premadasa 3 Nov accused govt of violating Muslim rights by cremating their dead; Organisation of Islamic Cooperation 4 Nov called on govt to “fulfil its human rights obligations by protecting and respecting the rights of its Muslim minority to practice their religion free from any discrimination”. In sign of closer relations with China, ruling Sri Lanka Podujana Peramuna party 4 Nov held virtual “Advanced Seminar on Governance Experience” with senior Chinese Communist Party officials and China’s ambassador to Sri Lanka. India’s National Security Adviser Ajit Doval met Gotabaya and PM during 27-28 Nov visit to capital Colombo. At least eight people were killed and 50 injured from fire and police shooting as inmates in Mahara prison 29 Nov protested risks of rapid COVID-19 spread in prisons across island.

Parliament removed constitutional checks on President Gotabaya Rajapaksa, heralding return to authoritarianism and institutionalisation of hardline Sinhala Buddhist nationalism. Govt-sponsored bill introduced in Sept on 20th constitutional amendment, which would give president sweeping powers, continued to generate strong criticism throughout month, including from bar association and retired judges. Supreme Court (SC) 5 Oct concluded hearing of 39 petitions filed by opposition and civil society challenging amendment. Catholic Bishops’ Conference in Sri Lanka 13 Oct urged govt not to proceed with amendment saying “that concentration of power in an individual without checks and balances does not augur well for a democratic, socialist republic”; senior monks of two of Sri Lanka’s four Buddhist chapters previous day called on govt to withdraw amendment, saying that it threatened “democracy by undermining the system of checks and balances” and that its adoption would mark “birth of authoritarianism [and] arbitrary despotism”; chief monks of both chapters later disavowed statement. Parliament speaker 20 Oct said SC ruling indicates that with revision of four clauses, amendment bill could be passed by two-thirds parliamentary majority without approval at public referendum; following two-day debate, parliament 22 Oct passed revised bill giving president virtually unlimited powers, including to appoint judges and all senior state officials, appoint and dismiss ministers, head ministries and dissolve parliament halfway through its term. Meanwhile, police 19 Oct arrested opposition All Ceylon Makkal Congress (ACMC) party leader, Rishad Bathiudeen, for alleged misappropriation of public funds during 2019 presidential election; arrest followed widespread criticism of Sept release of Bathiudeen’s brother, detained since April for alleged involvement in 2019 Easter bombings, reportedly as part of deal for ACMC votes for 20th amendment. Gotabaya 9 Oct received high-level Chinese delegation, which promised additional financial assistance and defence of Sri Lanka “at international fora” including UN Human Rights Council. During visit to capital Colombo, U.S. Sec of State Mike Pompeo 28 Oct accused China of “lawlessness” and being a “predator” and pressed Sri Lanka to “take meaningful, concrete steps to promote accountability, justice, and reconciliation”; Chinese Embassy in Colombo 27 Oct accused U.S. of trying to “bully Sri Lanka”.

Govt tabled bill in parliament to remove constitutional checks on President Gotabaya Rajapaksa. Cabinet 2 Sept approved draft 20th constitutional amendment to replace 19th amendment which curbs presidential powers; new amendment would give president sweeping powers, including to appoint and control all state institutions, appoint and dismiss ministers, head ministries, dissolve parliament one year after its election, as well as full legal immunity. Proposed amendment sparked criticism from opposition, but also within ruling Sri Lanka Podujana Peramuna (SLPP) party, prompting PM Mahinda Rajapaksa 12 Sept to appoint committee to consider changes. Govt 22 Sept tabled unchanged amendment bill in parliament amid protests from opposition. Supreme Court 29 Sept began consideration of petitions filed by opposition and civil society against amendment. Gotabaya 25 Sept directed officials to implement his future verbal orders as if they were formal written directives, adding that those who fail to do so “will face stern action”. Cabinet 3 Sept appointed nine-member “experts’ committee” headed by Gotabaya’s personal lawyer and featuring notable Sinhala hardliners to draft new constitution; State Minister of Provincial Councils and Local Government Affairs Sarath Weerasekera quoted 6 Sept in support of new constitution removing “detrimental aspects” of 13th amendment, which devolved power in 1987 to satisfy in part Tamil autonomy demands; during virtual summit with Mahinda, Indian PM Modi 26 Sept repeated longstanding calls for implementation of 13th amendment; Mahinda’s separate statement same day ignored the issue. Cabinet 29 Sept approved proposal by Mahinda to ban cattle slaughter, an industry run mostly by Muslims; imports of beef will still be allowed. UN human rights chief Michelle Bachelet 14 Sept criticised draft 20th amendment and appointments to key civilian roles of senior military officials “allegedly involved in war crimes and crimes against humanity” and called for immediate end to “surveillance and intimidation of victims [of civil war], their families, human rights defenders, journalists and lawyers”; Sri Lanka 15 Sept dismissed Bachelet’s criticism of amendment as “unwarranted” and rejected “false and unsubstantiated allegations”. UK 17 Sept expressed concern over lack of “meaningful progress” in govt’s commitment to transitional justice.

Ruling party Sri Lanka Podujana Peramuna (SLPP) won resounding victory in parliamentary elections, paving way for unbridled executive powers for President Gotabaya Rajapaksa and increasingly Sinhala nationalist policies. Following peaceful campaign, 5 Aug legislative elections resulted in ruling party SLPP securing 145 of 225 seats in parliament, enough – together with allied parties – to achieve two-thirds majority SLPP sought in order to amend constitution and unshackle presidential powers. In prominent Buddhist temple near capital Colombo, Mahinda Rajapaksa was sworn in as PM 9 Aug. Mahinda and Gotabaya 12 Aug announced new cabinet and state ministers, giving portfolios to themselves and to three other family members; other appointees included Gotabaya’s personal lawyer as justice minister and retired admiral as foreign secretary. Cabinet 19 Aug approved repealing 19th amendment to constitution, which limits presidential powers, and established committee under justice ministry to draft replacement. In speech at opening of new parliament, Gotabaya 20 Aug promised that once 19th amendment had been replaced, govt would draft new constitution in which “priority will be given to the concept of one country, one law for all the people” and which will allow govt to make decisions freely without being influenced by “extremists”. Former Director of Police Criminal Investigations Department Shani Abeysekara remanded in custody 20 Aug accused of fabricating evidence in 2015 murder conviction; Abeysekara’s arrest widely seen as retribution for his key role investigating major criminal cases implicating senior officials in 2005-2015 Rajapaksa govt. Joint letter to Sri Lanka govt from six UN Special Rapporteurs sent in June and publicised 25 Aug expressed “grave concern over the seemingly arbitrary arrest and prolonged detention” of Muslim lawyer Hejaaz Hizbullah, in “what may be a reprisal for his legal work and human rights advocacy”. President 24 Aug appointed four prominent Buddhist monks to join all-Sinhalese task force on archaeological heritage in multi-ethnic eastern province. Foreign Secretary Adm. Jayantha Colombage announced Sri Lanka will adopt “India first approach” in its foreign policy and would “not do anything harmful to India’s strategic security interests”, despite China’s increasing influence in Sri Lanka.

Ahead of August parliamentary elections, ruling party Sri Lanka Podujana Peramuna (SLPP) led Sinhala nationalist campaign in attempt to obtain two-thirds majority and strengthen executive power. Amid ongoing campaigning ahead of 5 Aug legislative polls, SLPP leader and PM Mahinda Rajapaksa 2 July said two-thirds majority was required to repeal 19th amendment to constitution, which limits presidential powers; PM 5 July described Samagi Jana Balawegaya opposition coalition, which includes Tamil and Muslim parties, as instrument for “communal parties” and their allegedly “extremist” ambitions, said 2019 Easter bombings had revealed dangerous consequences of “communal politics”; election campaign also featured anti-Muslim hate speech on social media. Main Tamil grouping Tamil National Alliance (TNA) 18 July released election manifesto underscoring its long-held demand for devolution of power to traditionally Tamil-majority regions; prominent hardline Buddhist monks 20 July warned that if Tamils “demand a separate state again, a river of blood will flow in the North and East”; PM 27 July claimed TNA continuing separatist project of defeated Liberation Tigers of Tamil Eelam (LTTE). In Northern province, amid reports of security forces targeting Tamils, former LTTE member 4 July fatally injured himself allegedly while building bomb; defence ministry claimed he was financed by Tamil diaspora to “revamp LTTE”. Attorney general 17 July approved draft regulations under controversial Prevention of Terrorism Act allowing suspects detained for holding violent extremist views to undergo “de-radicalisation” program. Prominent Muslim leader of opposition party All Ceylon Makkal Congress Rishad Bathiudeen 17 July filed petition with Supreme Court to prevent his arrest for alleged links to Easter bombings; 27 July summoned for further questioning by police in the midst of election campaigning. Police 27 July questioned former United National Party (UNP) minister Ravi Kurunanayake with regard to alleged 2015 Central Bank “bond scam”. Following rise in COVID-19 cases, leader of opposition UNP Ranil Wickremesinghe and SJB leader Sajith Premadasa respectively 12 and 13 July called for postponement of polls; PM 15 July dismissed fears of second wave of infections, claiming they were based on opposition rumours.

Supreme Court (SC) ruling granted President Gotabaya Rajapaksa authority to govern without parliamentary oversight, while Gotabaya’s appointment of two new bodies with far-reaching powers signalled further steps toward authoritarianism and hard-line Sinhala Buddhist nationalism. SC 2 June dismissed civil society and opposition parties’ petitions challenging constitutionality of 20 June legislative polls and dissolution of parliament; ruling allows Gotabaya to govern without parliamentary oversight for at least another two months, as Election Commission 10 June again rescheduled elections for 5 August. PM Mahinda Rajapaksa 28 June promised voters that, if elected, his ruling-Sri Lanka Podujana Peramuna party would defeat “domestic and international conspiracies” allegedly backed by main opposition parties. Gotabaya 2 June appointed two task forces headed by Defence Secretary Kamal Gunaratne: one entirely made up of military and police officials with broad mandate to turn Sri Lanka into “a virtuous, disciplined and lawful society”; the other composed exclusively of Sinhalese Buddhists charged with “preserving the historical heritage of Sri Lanka” in Tamil- and Muslim-majority Eastern province. Prominent civil society group Friday Forum 13 June called for abolition of military task force arguing that it could be first step toward “military dictatorship” while leader of Tamil National Alliance R. Sampanthan 17 June said intention of all-Sinhalese task force is to “convert the Eastern province into majority Sinhalese areas”. UN Human Rights High Commissioner Michelle Bachelet 3 June expressed concern over clampdown on free speech. In Colombo, police 9 June raided home and seized computer of Dharisha Bastians, govt-critical journalist who fled country after Rajapaksas came to power. Colombo magistrate 25 June sharply criticised police for manipulating witness statements in case against prominent Muslim lawyer, Hejaaz Hizbullah, detained for alleged involvement in Easter 2019 Islamic State (ISIS)-inspired terror attacks. Expert review committee presented strongly critical final report to president on proposed U.S. govt $480mn Millenium Challenge Corporation grant; U.S. embassy expressed disappointment at the “politicization and spread of disinformation” related to grant.

President Gotabaya Rajapaksa continued to reject opposition and civil society demands to reconvene parliament by 2 June, raising prospect of major constitutional crisis. Throughout month President Rajapaksaand PM Mahinda Rajapaksa rejected appeals to recall parliament, said there was no need or power to call it back into session. Supreme Court (SC) last two weeks of May heard arguments in eight “fundamental rights petitions” filed by opposition and civil society challenging constitutionality of parliamentary polls scheduled for 20 June – almost three weeks beyond 2 June deadline prescribed in constitution – and requesting parliament be reconvened. Elections Commission 20 May informed SC that arranging elections would require “nine to eleven weeks after receiving the green light from health authorities that the country is safe [from COVID-19 virus]”, placing earliest possible election in late July. Responding to false accusations of Muslims spreading COVID-19 and policy of cremating all COVID-19 victims, including Muslims, in contravention of Islamic burial practices, Organisation of Islamic Cooperation 6 May expressed deep concern over “escalating hate speech and hostility towards Muslims in Sri Lanka” and called on authorities to ensure safety of Muslim community and respect for religious practices and rituals. Prominent Muslim leader of opposition party All Ceylon Makkal Congress Rishad Bathiudeen 14 May filed petition with SC challenging govt’s cremation policy. Defense Secretary Kamal Gunaratne 15 May ordered navy to establish unit in Eastern province to “protect” Buddhist temple and its land from “other parties” following years of unsubstantiated claims Muslims were taking temple lands. Family of prominent Muslim lawyer Hejaaz Hizbullah 5 May filed petition with SC challenging his arrest for alleged involvement in 2019 Easter bombings. On 11th anniversary of civil war end, PM Mahinda Rajapaksa 18 May praised sacrifices of “war heroes” and challenged opposition criticism of militarisation of civilian administration; President Rajapaksa next day promoted record number of military officers and warned that he would withdraw country from any international organisation that “targets” military for human rights abuses during civil war. Meanwhile, Tamil National People’s Front 18 May said police prevented its members from holding commemoration events.