CIVICUS discusses the criminalisation of protest in Sri Lanka with climate activist Melani Gunathilaka, co-founder of Climate Action Now Sri Lanka and member of the Debt for Climate global movement. Melani works as a researcher with the Law and Society Trust and a research collaborator with Sri Lanka’s Institute of Political Economy.

Thousands of protesters from the 2022 Aragalaya (‘struggle’) movement continue to face legal persecution. The movement successfully forced the removal from power of the long-established Rajapaksa family following Sri Lanka’s worst economic crisis since independence, but around 4,000 protesters remain charged under nine different laws three years later. The judicial process has been systematically delayed, with many protesters suffering human rights violations during arrests and facing significant ongoing hardships, including travel restrictions and employment difficulties. Despite the new government’s campaign promises to ensure justice for Aragalaya cases, civil society’s calls for presidential pardons have yet to receive a favourable response.

How many people were arrested and what laws were used to target them?

We have recorded 859 people who were arrested in connection with the Aragalaya protest movement in the Colombo district, the capital area, alone. Activists and lawyers have told the media that almost 3,000 people were arrested throughout Sri Lanka. A recent letter addressed to President Anura Dissanayake revealed that 3,882 people have been charged under nine different laws including the Penal Code, the Police Ordinance, the Antiquities Ordinance, the Antiquities (Amendment) Act and the Public Security Act. In all known cases, suspects are out on bail.

Additionally, the letter detailed that 709 investigations have been carried out in connection with the Aragalaya movement. Yet due to the decentralised nature of the movement, many of these have not been recorded, suggesting the true scale of repression may be even larger.

What human rights concerns have emerged from these cases?

The arrests were made during a time of political crisis, and many were politically motivated. The judicial process has been quite slow, and three years on, charges are still not being filed against many protesters. Moreover, legal proceedings have created significant hardships for those affected. A lot of people face difficulties with having to appear in court once every few months, some having to travel far to Colombo. Some people face difficulties with travel restrictions, and some are unable to leave Sri Lanka to study or work abroad. People also face difficulties in obtaining police reports for jobs and other opportunities.

Another major concern is that as the legal process is taking so long, some arrestees are ending up admitting to the charges just so they can end it. There are instances where arrestees have withdrawn fundamental rights petitions filed against police officers to accelerate the legal process or in the hope of reaching a settlement. These set bad precedents, particularly because many people suffered rights violations, including physical harm, when they were arrested. Most troublingly, at least 11 people died during the protests, but compensation has been granted only to a selected few. This has left the remaining families facing severe hardship without adequate support, while billions have been paid to former ministers and members of parliament whose houses and properties were damaged by arson during protests on 9 May 2022.

How has the new government responded to these concerns?

When campaigning for the September 2024 election, left-leaning Dissanayake of the National People’s Power Party promised an independent prosecutor’s office and a legal system free from political interference to ensure justice for cases related to the Aragalaya protests. Some Aragalaya activists supported him, viewing his victory as a reward for the movement.

However, since coming to power Dissanayake’s government has not provided any favourable response to the movement’s demands. Government representatives have mentioned that the ongoing cases will be forwarded for the chief justice’s advice but they’ve given no official response. Activists continue to request a presidential pardon or at least ask the government to appoint a committee to look into the unlawful and politically motivated arrests and accelerate the legal process.

Despite Dissanayake’s campaign promises of ‘cleaner politics’ and his party’s previous support for the Aragalaya movement, civil society groups are still waiting for tangible action. We need the international community to put pressure on the government to pardon all those arrested.