HRCSL calls on President to facilitate access to detained Myanmar asylum seekers

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By Editor_1
A group of people believed to be Rohingya refugees, rest in a boat at a port in Trincomalee, Sri Lanka on December 20, 2024 – Mangalanath Liyaraarachchi/AP

COLOMBO – The Human Rights Commission of Sri Lanka (HRCSL) has issued an urgent appeal to President Anura Kumara Dissanayake to facilitate immediate and unhindered access for its officials to inspect the welfare and detention conditions of 115 Myanmar asylum seekers, including over 40 children, many of them infants, currently held in Sri Lanka.

The group were rescued off the coast of Mullaitivu by the Sri Lanka Navy last week.. The HRCSL’s appeal underlined the urgent need to assess their living conditions and ensure their welfare, especially given the presence of vulnerable children.

The Commission revealed that its inspection team, which included the Director of Research and Monitoring, attempted to visit the Mullaitivu detention site on Thursday (26), but were denied access by the air force personnel citing instructions from the Controller General of Immigration and Emigration.

Subsequent attempts to secure access through written and verbal communications to the Department of Immigration and Emigration and the Ministry of Public Security had been similarly thwarted, with officials stating that ministerial approval was required.

In its letter, the HRCSL emphasized its statutory mandate under the Human Rights Commission of Sri Lanka Act, No. 21 of 1996, which empowers the Commission to monitor the welfare of detained individuals, including asylum seekers. It also highlighted its authority to inspect places of detention and provide recommendations for improving detention conditions.

“The Commission’s authority extends to all individuals within Sri Lanka’s jurisdiction, irrespective of their citizenship. It is imperative that the HRCSL is granted immediate access to the Mullaitivu Air Force Base to fulfil its statutory duty to assess the living conditions and welfare of these asylum seekers, particularly the children among them,” the letter stated.

The HRCSL called on the President to issue clear directives to relevant institutions, including the Department of Immigration and Emigration and the Ministry of Public Security, to allow HRCSL officers to conduct a comprehensive investigation. The letter also underscored Sri Lanka’s obligation to uphold the rights of vulnerable individuals, including children, as enshrined in both domestic law and international human rights conventions.

The HRCSL also noted the critical importance of transparency and accountability in matters concerning asylum seekers and urged the government to ensure that Sri Lanka’s international reputation as a country committed to human rights is upheld by facilitating the necessary inspections.

Human rights activists and legal experts have also expressed concern over the denial of access. Many have pointed out that such actions undermine Sri Lanka’s obligations under international human rights law, including the United Nations Convention on the Rights of the Child, which mandates the protection and welfare of all children regardless of their legal or immigration status.

The detained group of Myanmar asylum seekers, who reportedly fled violence and persecution in their homeland, are believed to have been seeking refuge in a third country. Their arrival highlights the challenges Sri Lanka faces in balancing border security with its human rights obligations.

The HRCSL’s appeal comes amid growing calls from civil society organizations for the government to adopt a more compassionate and rights-based approach to managing asylum seekers and refugees.

-ENCL

A group of people believed to be Rohingya refugees, rest in a boat at a port in Trincomalee, Sri Lanka on December 20, 2024 – Mangalanath Liyaraarachchi/AP

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