Irfan, a Sri Lankan Muslim businessman inspects his vandalised shop, Mohideen City Shoe Palace, following sectarian clashes in Minuwangoda, Sri Lanka. May 2019. Photo: ZUMA Press / IMAGO
Irfan, a Sri Lankan Muslim businessman inspects his vandalised shop, Mohideen City Shoe Palace, following sectarian clashes in Minuwangoda, Sri Lanka. May 2019. Photo: ZUMA Press / IMAGO

How a human rights law became a tool of repression in Sri Lanka

The ICCPR Act, modelled on an international human rights treaty meant to prohibit national, racial and religious hatred, has been distorted in Sri Lanka to punish blasphemy and target minorities

Gehan Gunatilleke is an attorney-at-law, and a senior partner at the Colombo-based law firm LexAG. He is a post-doctoral fellow at Pembroke College, University of Oxford, with expertise in constitutional law, media law, and ethno-religious violence.

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The recent arrest of the YouTuber Sepal Amarasinghe has drawn attention to Sri Lanka's International Covenant on Civil and Political Rights (ICCPR) Act. Amarasinghe is accused of making disparaging comments about the Sacred Tooth Relic in Kandy, which many Buddhists venerate. His arrest is not the first time the ICCPR Act has been deployed to punish speech deemed to be offensive to Buddhism. In 2019, the writer Shakthika Sathkumara was similarly arrested for publishing a fictional short story titled 'Ardha' ('Half'). The story was considered offensive to Buddhism and the Buddhist clergy as it depicted sexual abuse in Buddhist temples.

Both Amarasinghe and Sathkumara were arrested under Section 3 of the ICCPR Act, while also facing other charges. This section is modelled on Article 20 of an international human rights treaty bearing the same name, to which Sri Lanka is party. How did a law that was originally crafted to protect human rights become a repressive tool to punish blasphemy in Sri Lanka?

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