A/HRC/7/3/Add.6
page 10
I. LEGAL FRAMEWORK
A. International level
18. Sri Lanka is party to the major United Nations human rights treaties prohibiting torture and
ill-treatment: the International Covenant on Civil and Political Rights (ICCPR); the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment (CAT);
the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW);
the International Convention on the Elimination of All Forms of Racial Discrimination (CERD);
and the Convention on the Rights of the Child (CRC).
19. Sri Lanka has acceded to the first Optional Protocol to the International Covenant on Civil
and Political Rights5 and it ratified the Optional Protocol on the involvement of children in
armed conflict. However, Sri Lanka has not signed the Optional Protocol to the Convention
against Torture, nor has it recognized the competence of the Committee against Torture to
receive communications from other States parties as well as from or on behalf of individuals
under the respective articles 21 and 22 of the Convention against Torture.
20. Sri Lanka is a party to the Geneva Conventions of 1949. It has, however, not ratified the
Additional Protocols to the Conventions, nor has it signed the Rome Statute of the International
Criminal Court.
21. Sri Lanka was the subject of a confidential inquiry by the Committee against Torture under
article 20 of the Convention against Torture from April 1999 to May 2002. The Committee
concluded on the basis of a visit of two Committee members to Sri Lanka in August 2000 that,
although torture is frequently resorted to by the police, the army and paramilitaries, the practice
of torture in Sri Lanka was not of a systematic nature. Following the recommendations, the
Government of Sri Lanka appointed a permanent Inter-Ministerial Standing Committee and
Inter-Ministerial Working Group on Human Rights Issues mandated to monitor action taken by
government agencies relating to incidents/allegations of human rights violations.
B. National level
1.
Constitutional protection of human rights, including
the prohibition of torture and other cruel, inhuman
or degrading treatment or punishment
22. Chapter III of the Constitution contains a set of fundamental rights and freedoms such as
freedom of thought, conscience and religion, freedom from arbitrary arrest, detention,
punishment, freedom of speech, assembly, association, movement as well as the right to equality.
5
However, in its judgement in Nallaratnam Singarasa v. Attorney General (SC (Spl) L.A.
No. 182/99) of 15 September 2006, the Supreme Court ruled that accession to the ICCPR
Optional Protocol was unconstitutional. This seems to have posed direct obstacles to the
campaign for the ratification of OPCAT.
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