International Covenant on Civil and Political Rights (ICCPR) Act

June 8, 2023

The International Covenant on Civil and Political Rights (ICCPR) is a significant international treaty that upholds the civil and political rights of individuals. It was adopted by the UN General Assembly in 1966 and has since gained substantial global participation. It has been implemented in Sri Lanka through the ICCPR Act, which is facing criticism due to its misuse by the government.

Understanding the ICCPR

The ICCPR, or International Covenant on Civil and Political Rights, is a multilateral treaty aimed at safeguarding civil and political rights universally. It monitors compliance through the UN Human Rights Committee, ensuring that state parties uphold their obligations to respect these fundamental rights. With 173 parties to the ICCPR, it serves as a crucial instrument for promoting human rights worldwide.

ICCPR in Sri Lanka

Sri Lanka ratified the ICCPR in 1980, aiming to give domestic effect to the rights recognized by the covenant. The ICCPR Act was enacted in 2007, aligning Sri Lankan law with the provisions of the ICCPR. However, the Act has faced scrutiny due to its formulation, which differs significantly from the original ICCPR provisions.

Section 3 and Its Misuse

Section 3 of the ICCPR Act prohibits the propagation of war or advocacy of national, racial, or religious hatred that incites discrimination, hostility, or violence. Unfortunately, this section has been selectively enforced, targeting minorities and dissident opinions. Critics argue that the Act lacks clear differentiation between different types of incitement, treating offenses such as offensive jokes and direct incitements to violence as equivalent crimes.

Challenges and Concerns

The implementation of the ICCPR Act in Sri Lanka has raised concerns about the curtailment of freedom of expression. By allowing arrests without a warrant and without provision for bail, Section 3 has been misused, potentially enabling arbitrary arrests and prolonged incarceration. This misuse has resulted in majoritarian oppression, with the law selectively applied to minority communities, while hate speech by influential figures often goes unchecked.

Moving Forward

To ensure the effective protection of civil and political rights in Sri Lanka, it is imperative to address the loopholes in the ICCPR Act. The Act should be amended to clearly define different forms of incitement and provide appropriate measures for offenses. Additionally, the selective enforcement of Section 3 should be addressed to foster a more inclusive and just society.

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