Monday, 18 August 2014 00:20
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SRI LANKA’S Government already under fire for its lackluster human rights record, is opening up a new can of worms by controversially deporting Afghan and Pakistani asylum seekers. On Friday the Court of Appeal suspended deportation till 29 August when the Government will have to present its case to court to continue with deportations.
Earlier this month the UN refugee agency (UNHCR) called on the Sri Lankan Government to stop deportation, as it is a practice banned under international law. Sri Lanka began arresting asylum seekers and refugees on 9 June and has since detained 214 Pakistanis and Afghans in two asylum centres. In August, Sri Lanka had deported 28 people, UNHCR said, adding that the repatriations breached a ‘no forced return’ principle.
According to the UNHCR, this included at least 11 women and 8 children and families have been separated, including a pregnant woman who had been left behind after the husband was deported.
The Sri Lankan Government has been slammed by civil society who terms these deportations as breaching of customary international law which requires all countries to abide by the principle of non-refoulement (no forced returns) to countries where people face imminent risks. It also violates article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which the Sri Lankan Government has ratified. UNHCR has noted that Ahmadiyya Muslims, Shia Muslims and Christians in Pakistan may need international protection and require particularly careful examination of their asylum claims.
However, Colombo insists the unwelcome asylum seekers are encouraging criminal elements, particularly drug and people smugglers. They have also criticised the UNHCR for failing to speed up processing of asylum seekers, provide financial help or housing.
Government spokesman and Media Minister Keheliya Rambukwella attempted to brush off the criticism at last week’s Cabinet briefing by falsely claiming Sri Lanka is not a signatory to the Convention against Torture. He also introduced a somewhat novel argument. Basically, he pointed out the Sri Lankan Government supported returning hundreds of boat people from Australia and therefore could not ignore the same request from another country, particularly ones that have maintained ‘friendly’ relations. This could in fact be closer to the truth than what is expounded by the External Affairs Ministry.
Sri Lanka’s Ministry of External Affairs said the number of refugees or asylum seekers had risen by 700% in the 2013-2014 period. By 30 June there were 1,562 asylum seekers and 308 refugees. They defended the deportation on the grounds that it was done by commercially driven human trafficking networks. Yet civil society organisations insist this is unsubstantiated and the UNHCR needs time to evaluate genuine asylum needs on a case by case basis.
Civil society organisations also contend the Government has deported individuals that have obtained asylum seeker certification from the UNHCR and that returning people is done forcibly in almost all cases. In other countries deportation takes place after a court hearing, whereas in Sri Lanka there is no such due process and asylum seekers are held by the Terrorism Investigation Department (TID) rather than immigration officials, adding another criticism to the pile.
Opaque deportation policies and legal processors have served to muddy the waters and undermine the Government’s credibility in the matter. As with many other human rights concerns the battle ground does not convincingly meet international measures and transparency, putting Sri Lanka in a dim light.
