
Sri Lanka

Sri Lanka is a mid-range performing democracy, and over the last five years it has suffered from severe declines in Checks on Government, Impartial Administration, and Civil Society Participation. As of 2021, Sri Lanka is backsliding democracy. These declines have occurred over a span of time in which members of the Rajapaksa family have been in key positions of power, including five members in the Cabinet and several others in junior ministerial positions and heading state-run institutions. Although Prime Minister and former two-time President Mahinda Rajapaksa gained overwhelming popularity for ending the 26-year-long civil war in 2009 through a military victory that saw the demise of the infamous leader of the Liberation Tigers of Tamil Eelam (LTTE), Vellupillai Prabhakaran, his brother Gotabaya’s stint as President has been marred by the worst economic crisis the country has experienced since independence.
British colonizers left behind a divided island in 1948, having stoked pre-existing power struggles between the majority Sinhalese and minority Tamil communities by favouring the latter during their rule. The largely Buddhist Sinhalese comprise 75 percent of the population, while Tamils, who are mostly Hindu (but also Christian) make up 15 percent. The Muslim community, who also speak Tamil, are 9 percent of the population, and other minorities constitute less than 1 percent. Sinhalese dominance in government and a raft of ethnically chauvinist legislation in the wake of independence eventually led to the outbreak of civil war in 1983. It is important to note, however, that there are significant class, caste, religious regional divisions within communities as well, and these are used strategically by politicians for their own ends. In addition, the government suppressed a violent insurrection led by the communist nationalist Janatha Vimukthi Peramuna (JVP) between 1987 and 1989.
In ensuing years, politics was driven by politicized ethnicity, and political violence – perpetrated both by the state and by the LTTE and other armed groups – became normalized. Since the large majority of the fighting was isolated in the north and east, the south and west of the country continued to operate “normally,” and Sri Lanka maintained its reputation as a hot spot for tourism during these years. The end of the war was seriously tainted by allegations of human rights violations perpetrated by the state, and the government refused to cooperate with a UN-led investigation into these events. The post-war era has also been marked by the rise to prominence of new social cleavages, including anti-Muslim sentiment and Islamic terrorism. Attacks blamed on groups affiliated with ISIS killed almost 270 people in the simultaneous church and hotel Easter Sunday bombings in 2019.
The country was further militarized in the aftermath of the war, particularly in the war-torn regions, and the media and civil liberties remained restricted. At the same time, many Tamils in the north were resentful of the government’s continued refusal to address some of the root causes of the war and its “pampering” of former LTTE leaders who had brutalized the community. The Prevention of Terrorism Act, enacted in 1979, remained in force and has allowed the continued surveillance, kidnapping, torture, harassment and detention of Tamils who are allegedly guilty of trying to recreate the LTTE.
In the coming years, Sri Lanka’s democracy will need to grapple with an economic crisis coupled with the pervasive militarization of civilian governmental functions. Accountability mechanisms for civil-war-era violations, corruption and threats to independent institutions and the rule of law remain significant challenges. Declines in Impartial Administration and Civil Liberties will need to be closely monitored. Conversely, amid growing public pressure and a cabinet reshuffle, constitutional reforms such as the 21st Amendment aimed at empowering the parliament over the executive presidency may provide an opportunity to address some of the nation’s negative democratic trends.
Monthly Updates
October 2022
Sri Lanka's parliament passed its 22nd constitutional amendment on 21 October aimed at curbing the executive powers of the president - a key demand from protesters following the economic and political crisis. The amendment re-establishes a constitutional council which recommends appointments to nine independent commissions responsible for overseeing human rights and anti-corruption investigations, among other things. However, critics argue that the council is a mere expansion of the parliamentary council it replaces, with a majority of Council members controlled or influenced by the president. While a step in the right direction in terms of undoing some of the excesses of the previous amendment, more needs to be done to appropriately de-politicize and apportion governmental powers.
September 2022
A new regulation introduced on 23 September by President Ranil Wickremesinghe restricts the right to protest in designated "High-Security Zones" under the Official Secrets Act, restricting protests to designated public spaces. Critics allege the measure is unlawful and threatens protesters' fundamental right to the freedom of assembly. Meanwhile, Sri Lankan authorities continue to clamp down on peaceful protests. On 24 September, police dispersed protesters demanding the release of student activists detained under the controversial Prevention of Terrorism Act with tear gas and arrested 84 persons.
August 2022
The Sri Lankan government, led by newly appointed President Ranil Wickremesinghe, continued its crackdown on protesters involved in the movement that led to the former President’s removal in July. The repeated use of State of Emergency measures, which the government extended on 27 July to the 18 August, is said to have empowered troops to arrest and detain suspects for long periods. Three student activists were arrested on 18 August under the Prevention of Terrorism Act (PTA), while dozens of top protest leaders continue to be harassed and face arbitrary arrests.