The Human Rights Commission of Sri Lanka (HRCSL) says it sees no changes in the Emergency Regulations reissued with the latest extension of the state of public emergency, despite having formally raised concerns with President Anura Kumara Dissanayake about their compatibility with constitutional and international human rights standards.
HRCSL Commissioner Nimal G. Punchihewa told The Daily Morning that the same set of regulations appears to have been reissued, even though the emergency has been justified primarily on the need to maintain essential services following Cyclone Ditwah.
“It was on these issues that we wrote to the president, but we don’t see that our observations have been addressed when the regulations are extended,” Punchihewa said, adding that the justification becomes questionable in relation to several provisions.
The Defence Ministry earlier announced that the extension of the state of public emergency will be presented to Parliament for approval on Jan. 6.
The extension was formalized through a Gazette Extraordinary issued by Presidential Secretary Dr. Nandika Sanath Kumanayake, extending the emergency with effect from Dec. 29, 2025.
Under Sri Lanka’s Constitution, a state of emergency may be declared only for one month at a time, and any extension must be approved by Parliament within one week or it lapses automatically.
The emergency was first declared on Nov. 28, 2025, by President Dissanayake, who also serves as defence minister, following widespread damage caused by Cyclone Ditwah.
The original proclamation cited the need to ensure public security, maintain public order and safeguard essential supplies and services in the aftermath of the disaster.
In a detailed letter sent recently to the president, the HRCSL outlined concerns over the Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 2025.
The commission said the regulations appear to follow a standard template used by previous governments and include provisions it views as inconsistent with the Constitution’s Fundamental Rights Chapter and with international human rights obligations.
Among its concerns, the HRCSL noted that provisions allowing the requisitioning of buildings or premises for relief work are broadly worded and could extend to private residences.
It also warned that offences linked to essential services could be used to restrict legitimate trade union activity.
The commission further pointed out that Sections 365 and 365A of the Penal Code — which criminalize certain consensual sexual acts between adults — are included in the regulations, reiterating its long-standing call for their repeal to bring Sri Lanka into line with its international commitments. (Source- The Leader)
