1. Overview of the human rights and democracy situation: 2022 was marked by an unprecedented economic crisis that led to a massive and mostly peaceful social movement “Aragalaya” (‘struggle’) from April to July 2022. Thousands of Sri Lankan citizens rallied across the island irrespective of ethnic, gender and class divides against the Rajapaksa government’s perceived mismanagement of the economy, corruption and lack of accountability. Demonstrations led to the resignation of Prime Minister Mahinda Rajapaksa and of the cabinet in May and of President Gotabaya Rajapaksa in July. Prime Minister Ranil Wickremesinghe, who was then elected President by Parliament in accordance with the Constitution, took a hard stance against the protesters from the outset of his presidency.

The Prevention of Terrorism Act with its wide-ranging powers has long been one of the key concerns to the EU. After 43 years since its enactment, the amendments to the Prevention of Terrorism Act (PTA) of March 2022 were welcomed as a positive first step. However, a number provisions of the act and its use against student leaders of the Aragalaya movement remained of concern. Three demonstrators were arrested under the PTA in August 2022. This went against the commitments and reassurances by the Government to the EU in early July 2022 that a de facto moratorium on the use of the PTA was firmly in place, pending further review of the legislation. The Minister of Justice  announced in August 2022 that a National Security Act was being drafted to replace the PTA and appointed an expert committee to hand over a draft legislation at the beginning of 2023.

A significant benchmark was reached with the 21st amendment (21A) to the Constitution in October 2022. 21A aims at reversing the effects of the 20th amendment, with which Gotabaya  Rajapaksa had centralised power with the Presidency. Most importantly, 21A re-establishes the Constitutional Council, over which the president has influence but no unilateral power, and which shall make nominations to key independent institutions and commissions. The Sri Lankan Human Rights Commission, downgraded in 2022 for lack of accountability and conflict

of interest during 2021, had made commendable efforts after the appointment of a new Chair in December 2021, and will see new appointments.

The EU continues to encourage the Sri Lankan government to cooperate with the UN Human Rights Council (UN HRC) to address transitional justice. Sri Lanka however continues to reject

UN HRC resolutions (i.e. 51/1 at the 51st session) insisting on domestic mechanisms, which, however, are not effective.

The controversial “One Country, One Law” Task Force under the leadership of a Buddhist monk Gnanasera Thero, known for his radical views, ended its mandate in June 2022 and was

not extended. Aiming at a solution to the ethnic issue, the President launched an all-party dialogue at the end of 2022, but many communities remain sceptical.

The women’s rights saw a step forward with a draft bill on the protection of women’s rights and gender equality, introduced by the Women Parliamentarians’ Caucus. The Bill aims to establish an independent “National Women’s Commission” to lead on legal and policy reform, and establish independent Ombudsman for women’s rights.

According to Transparency International Corruption Index, there has not been much progress in terms of fighting corruption in Sri Lanka: in the latest data covering 2021, Sri Lanka ranked 102/180. Its related score (37/100) is close to the result from the previous four years (38/100 from 2017 to 2020).

2. EU action - key focus areas: In line with the EU Action Plan for Human Rights and Democracy 2020-2024, EU action in Sri Lanka focused on building resilient, inclusive and democratic society, protecting and empowering individuals and promoting a global system for human rights and democracy. In particular, and i.a. through dedicated programmes on justice and reconciliation, the EU continued supporting - the rule of law and access to justice; promoting space for civil society, human rights defenders, and media; supporting the rights of persons belonging to minorities for an inclusive and peaceful society; promoting gender equality and women’s rights, social and environmental rights in business, as well as labour rights. Eventually, the EU led its public diplomacy through the strategic use of longer campaigns, including in 2022, on peace and reconciliation, gender-based violence, as well as specific ad hoc actions promoting peaceful solution to conflicts.

With regard to maritime movements of Rohingya refugees, the EU noted Sri Lanka’s efforts in rescuing distressed boats within their search and rescue areas in 2022. The EU continues urging authorities in the region to continue working with the UN Human Rights Council (UNHCR) and civil society to arrange safe community hosting arrangements.

3. EU bilateral political engagement: The EU Delegation and Member States carried out dialogues throughout the year with the President(s), Prime Minister, the Foreign Minister and other representatives of government on issues impacting long-term peace, political stability and economic recovery in Sri Lanka. In the meetings with the Minister of Justice, specific reforms and possible avenues for meaningful action on human rights were discussed. The issues related to upholding human rights, promoting the Rule of Law and fostering reconciliation were discussed in-depth in the EU-Sri Lanka Working Group on Governance, Rule of Law and Human Rights in October, and were addressed in the EU-Sri Lanka Joint Commission in February 2022.

4. EU financial engagement: The EU has funded several projects promoting social cohesion (e.g. Strengthening Social Cohesion and Peace in Sri Lanka (SCOPE), EUR 11 million total, co-

financed by the German Federal Foreign Office with EUR 3 million),

countering disinformation and hate speech, and providing support to the justice system focusing on groups in vulnerable situations (e.g. Justice Reform programme (JURE), EUR 18 million EU contribution, co-financed by UNDP with EUR 1 million), as well as women’s rights and gender equality (e.g. Speak Out; Women-led Human Rights Promotion; Women in Learning and Leadership (WILL); Let the Women Decide the Margin).

5. Multilateral context: At the 51st session of the UN HRC in September-October 2022, the EU reiterated in a statement its support to Sri Lanka in recovering from the economic crisis

and moving forward on the reconciliation agenda. The EU called for further reform of the PTA in compliance with international standards and called for upholding the right to freedom of

expression. The EU encouraged the government to cooperate with the UN HRC and its mechanisms to address issues such as impunity and discrimination faced by minority groups.