HRCSL Presents Key Observations and Recommendations on Emergency Regulations 2025 to the HE President
The Human Rights Commission of Sri Lanka wrote to His Excellency the President with reference to the provisions of the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 2025, which were issued on 28 November 2025. The Commission expressed its deep sorrow with respect to the national disaster that has arisen in Sri Lanka as a result of Cyclone Ditwah. It recognised the enormity of the cost to human life and property and acknowledge the difficult path to recovery that the Government of Sri Lanka has undertaken. It anticipated that its observations and recommendations conveyed in its letter would further aid the national effort in ensuring the recovery process takes place in a manner that respects, protects, and promotes the fundamental rights of the people.
The Commission observed that the said Regulations appear to draw from a template set of regulations used on several previous occasions by previous governments. It was observed that several provisions of the said Regulations are incompatible with the fundamental rights chapter of the Constitution of Sri Lanka and relevant international human rights norms and standards. The Commission observed that the Regulations provide for the requisitioning of any building or premises ‘necessary for relief work in connection with any natural disaster’, and that the scope of this provision was broad enough to include residential premises. It observed that some offences relating to essential services could impede legitimate trade union activity. It also noted that offences under sections 365 and 365A of the Penal Code, which relate to voluntary sexual acts between consenting adults, had been included in the Regulations. It reiterated its recommendation to urgently repeal such provisions from the Penal Code to ensure compatibility with Sri Lanka’s international human rights obligations. It was further noted that the Regulations impose death sentences for certain offences and also removes salutary safeguards against torture by making confessions to police officers admissible as evidence.
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