It has thoroughly been pointed out the inadequacy of actions/measures taken by the respective governments in the past to compensate for the losses/grievances caused by such similar efforts on ED.
The LLRC and Paranagama Commission reports stand contemporary regarding the statistics on the cases of ED and the position held by the HRCSL clearly deters the integrity of Sri Lanka Army (SLA) by its revelation of 1,018 incidents of disappearances of persons after surrendering to SLA on 17 and 18 May 2009.
The Repressive legislation, including the Online Safety Act, punitive NGO registration processes, and reliance on the Prevention of Terrorism Act (PTA), has severely limited fundamental freedoms of speech, association, and assembly. In 2023–24 alone, the PTA led to the arrest of over 1,300 people, including Tamils and Muslims, with evidence of torture, arbitrary detention, and surveillance of rights defenders.
While promises were made there are emerging and recording credible testimonies from Tamil detainees describe torture, sexual violence and arbitrary detention as recently as 2022, and police - under their frequently used anti-drug campaigns ("Operation Yukthiya") in late 2023 and early 2024 - arrested thousands more people and inflicted many more allegations of illegal searches and mistreatment. However, the previous public security Minister Tiran Alles affirmed a zero‑tolerance policy on abuse in May 2024. He stated that some officers had already faced administrative penalties, and insisted that Operation “Yukthiya” was targeted at traffickers, not users, while also emphasising continued scrutiny and due process in local stations
The Online Safety Act which was enacted to address rising rates of online abuses such as cyber frauds, defamation and gender-based violence was not intended to suppress the freedom of speech or political dissent. In the year 2023 there were nearly 8,000 offence complaints recorded to take necessary actions. Furthermore the supreme court has ruled that the bill will be taken over for required additional amendments to fit the critics and respond to the allegations.
Furthermore the Personal Data Protection Act No.09 of 2022 is also similarly undergoing major legal revisions. As of March 17th 2025 the cabinet approved to call for a memorandum to amend the act to clarify the scope of Section 03 exemptions for national security, public health and public order. The amendments are aimed towards introducing safeguards and oversight mechanisms
Sri Lanka now stands at a critical moment. The time-bound passage of both MMDA amendments and repeal of sections 365/365A would send a strong message: that Sri Lanka is willing to bring legal pluralism in harmony with constitutional rights and international obligations, rather than letting fear of backlash stall necessary reforms. With political will and measured media outreach, the government can turn these legacy issues into drivers of trust and justice, not points of division.
The concerns on “responsibility” and “accountability” on the part of the GoSL in favour of the alleged War Crimes and Crimes against Humanity against the innocent civilians in the North and East of Sri Lanka before 2009 leading to effective transitional justice has been highly discussed by the HRCSL in the wake of the upcoming 60th session of the UNHRC session.
The alleged failure of the GoSL in implementing the suggested measures in the LLRC and other commission reports has so far been criticised in favour of reaching a plausible reconciliation mechanism inside the country which may provide a “win-win” solution to both parties in this conceptual conflict by accepting and acknowledging the mistakes and stepping forward with more social harmony.
In addition to these, it could be observed that the existing International Convention for the Protection of all Persons from Enforced Disappearance Act of 2018 has not been able to provide adequate legal provisions against that which may not be addressed in future in a proactive manner.
It is imperative that the GoSL should address the arbitrary and unconventional allegations raised by the NGOs (eg: Amnesty International) in respect of conditions that had prevailed during the final stage of the civil conflict in 2009 as well as those which are newly fabricated including cases of abduction style arrests that may highly compromise the GoSL’s integrity and accountability towards the freedoms and liberties of Sri Lankan citizens.
Challenging the impartiality of the Attorney General is a serious concern in the context of due administration of justice for the victims of such aggressive actions as it will highly likely jeopardise the international image of Sri Lanka as a country with respect to people’s rights and rule of law and establishment of the “Office of the Public Prosecutor” is deemed a valid and reasonable effort associated with massive criticism on the role of the Attorney General’s Department.
Additionally, Sri Lanka asserts that tight controls over NGOs are essential to protect national security and prevent exploitation by extremist or criminal groups operating under the guise of charitable organizations. In December 2024, under the Voluntary Social Service Organisations (VSSO) Act No. 31 of 1980, all NGOs regardless of existing registration under laws like the Companies Act were required to re-register through the National Secretariat for NGOs, now supervised by the Ministry of Defence, which scrutinizes applications for security risks, counterterrorism funding, and financial transparency. Registration applications are subject to review by defence, foreign affairs, and relevant line ministries, with provisional six-month certificates granted pending security clearance; NGOs can be denied registration if concerns arise. The government maintains these measures, aligned with FATF recommendations on counter-terrorism financing and transparency, are necessary to guard against unauthorized extremist influence and ensure NGO operations are credible and safe.
Government statistics reveal that 91% of military-held land in the North and East (78,700 acres) has been returned to rightful claimants, as part of the “Himikama” process of redistribution, which is a real step in building trust that is real rather than symbolic. The Office on Missing Persons (OMP) conducted more than 4,795 preliminary inquiries (phase I) and of these cases had verified the fate of 17 (12 living, 4 deaths confirmed and 1 outside mandate) of these inquiries, data up to May 2024. Implementation of further on-going procedural improvements can be found in the 2023-25 strategic roadmap to speed up investigations and forensic tracing.
Sri Lanka’s tri‑forces (Army, Navy, Air Force) have played a constructive role in the post‑conflict reconciliation and rehabilitation of more than 12,500 former LTTE cadres, offering a multifaceted approach grounded in innovation, dignity, and socioeconomic integration. Under the National Framework Proposal for Ex‑Combatant Reintegration, these forces collaborated with government ministries, UN agencies (UNICEF, IOM, ICRC), and community leaders to implement a “six‑pillar” rehabilitation model which included psychosocial support, education, vocational training, spiritual and cultural healing, recreational activities, and community-based awareness building. The program also facilitated family reunification through Peace Villages. This holistic and inclusive strategy has enabled ex-combatants including nearly 600 child cadres to reintegrate into society, regain livelihoods, and contribute positively, setting a global example of restorative justice and post-conflict cohesion.
The Sri Lankan Government’s “Humanitarian Operation – Factual Analysis” report, published in December 2024, offers a detailed retracing of the conflict era from ceasefire breakdown in 2006 to the final defeat of the LTTE in May 2009. The 161-page document, developed by the Ministry of Defence in collaboration with the tri-services, police, and civil agencies, systematically rebuts allegations that security forces summarily execute surrendering cadres or mistreated civilians who were detained. It asserts that over 11,000 cadres, including 595 child soldiers, surrendered and were safely processed while hundreds of former cadres, including children, were rehabilitated, reunited with families, and released by mid-2011.
Furthermore, the LTTE pioneered suicide terrorism on a global scale between 1984 and 2006, they executed approximately 346 suicide attacks, killing some 3,262 civilians and injuring 3,494 more, while registering over 273 Black Tiger martyrdoms by 2003. The LTTE systematically targeted civilians with high-casualty bombings including the 1996 Central Bank attack (91 killed, 1,400 wounded), the 1998 Temple of the Tooth bombing (17 dead), and political assassinations like the 1994 killing of Gamini Dissanayake (52 killed, 200+ injured). LTTE-operated child cadres, estimated at roughly 2,000, were conscripted even as young as seven and used in major assaults on military bases and villages. Amnesty International’s reports notably downplay these atrocities, while neglecting the fact that many former LTTE members now enjoy asylum in Western countries without having faced justice. Critics argue Amnesty portrays Sri Lanka’s military as solely culpable while omitting the LTTE’s 26-year campaign of terror, including mass killings, suicide bombings, use of child soldiers, and targeting civilian and religious sites.
Additionally, Sri Lanka has increasingly prioritized the cases of missing journalists, demonstrating renewed commitment under the new administration to pursue justice and reopen stalled investigations. The Office on Missing Persons (OMP) continues to process thousands of legacy applications, many involving disappeared media workers, and has begun reconvening cold cases that were previously ignored. Notably, cases of high-profile journalists including Prageeth Eknelygoda, Lasantha Wickrematunge, Vadivel Nimalarajah, and Subramaniam Ramachandran etc are now once again under scrutiny, with formal proceedings reactivated, exhumations ordered, and key suspects brought to court under renewed pressure.
Sri Lanka has seen a significant rise in police abuse and crimes by law enforcement, alongside persistently high levels of violent crime, which together are eroding public trust in justice institutions in 2025. According to the Human Rights Commission of Sri Lanka (HRCSL), 79 individuals have died in police custody or during arrests between 2020 and March 2025 49 inside custody and 30 during arrest operations prompting issuance of comprehensive General Guidelines and Recommendations No. 1 of 2025 to strengthen safeguards and ensure procedural accountability. The Commission also noted a concerning rise in complaints of police misconduct, including torture, harassment, arbitrary arrest, and failure to address public grievances, which were addressed in direct dialogues between HRCSL leadership and senior police officials in early 2025 aimed at reforming antiquated practices
