In recent weeks, the Global Detention Project has received several testimonies from a group of people held in immigration detention in Sri Lanka, depicting troubling detention conditions and instances of indefinite immigration detention. The accounts of their treatment at the Welisara Detention Centre reflect wider concerns about the treatment of migrants and asylum seekers in the country, including the arbitrary detention of children and asylum seekers. […]
Rohingya Refugees Detained in Sri Lanka
In December, Sri Lankan authorities were praised for their quick and successful rescue of 104 Rohingya refugees, stranded at sea when their boat encountered mechanical difficulties. The GDP is concerned to learn, however, that soon after they were brought to dry land, the refugees were placed in two immigration detention facilities in Colombo–one of which […]
Sri Lanka: Covid-19 and Detention
As of 28 September, Sri Lanka, with a population of 21.5 million, had detected only 3,360 cases of COVID-19. Although the country has been lauded for its containment of the virus, members of Sri Lanka’s Muslim minority have allegedly become stigmatised as carriers of the virus. There is also little information available concerning the impact […]
Last updated: July 2024
DETENTION CAPACITY
ALTERNATIVES TO DETENTION
ADDITIONAL ENFORCEMENT DATA
PRISON DATA
POPULATION DATA
LEGAL & REGULATORY FRAMEWORK
Does the Country Have Specific Laws that Provide for Migration-Related Detention?
GROUNDS FOR DETENTION
Immigration-Status-Related Grounds
Non-Immigration-Status-Related Grounds in Immigration Legislation
Criminal Penalties for Immigration-Related Violations
Grounds for Criminal Immigration-Related Incarceration / Maximum Length of Incarceration
Has the Country Decriminalised Immigration-Related Violations?
LENGTH OF DETENTION
DETENTION INSTITUTIONS
PROCEDURAL STANDARDS & SAFEGUARDS
COSTS & OUTSOURCING
COVID-19 DATA
TRANSPARENCY
MONITORING
Types of Authorised Detention Monitoring Institutions
NATIONAL HUMAN RIGHTS MONITORING BODIES
NATIONAL PREVENTIVE MECHANISMS (OPTIONAL PROTOCOL TO UN CONVENTION AGAINST TORTURE)
NON-GOVERNMENTAL ORGANISATIONS (NGOS)
GOVERNMENTAL MONITORING BODIES
INTERNATIONAL TREATIES & TREATY BODIES
International Treaties Ratified
Ratio of relevant international treaties ratified
Individual Complaints Procedures
Relevant Recommendations or Observations Issued by Treaty Bodies
respect for the principle of non-refoulement. In that regard, the State Party should:
(a) Enact specific legislation on the rights of refugees and asylum-seekers, in
conformity with international standards, including the principle of non-refoulement,27
explicitly prohibiting any expulsion, return, surrender or extradition when there are
substantial grounds for believing that the person concerned may be in danger of being
subjected to enforced disappearance;
(b) Adopt clear criteria and procedures for assessing and verifying the risk of
being subjected to enforced disappearance and, where there is such a risk, ensure that
the person concerned is not expelled, returned, surrendered or extradited, and conduct
an individual analysis in the case of the 116 asylum-seekers from the Rohingya
community in Myanmar who arrived in the State Party in 2024;
(c) Guarantee that any decision authorizing expulsion, return, surrender or
extradition can be appealed within a reasonable deadline and that such an appeal has a
suspensive effect........
36. While noting the State party’s information on protection measures taken for refugees and asylum-seekers in the immediate aftermath of the Easter Sunday bombings in 2019, the Committee remains concerned about reports that refugees and asylum-seekers face increased discrimination and hostility, continue to be subjected to arbitrary arrest, detention, and deportation and are not provided with sufficient protection (arts. 2, 7, 12 and 26).
(a) Introduce dedicated legislation governing the rights of refugees and
asylum-seekers and relevant procedures, in conformity with the Covenant and other international standards, including the principle of non-refoulement, and consider ratifying the Convention relating to the Status of Refugees and the Convention on the Reduction of Statelessness
(d) Consider ratifying the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto.
(a) Ensure that administrative detention is used as a measure of last resort only and that non-custodial alternatives are promoted, in line with the Committee’s general comment No. 2 (2013) on the rights of migrant workers in an irregular situation and members of their families;
(b) Expeditiously and completely cease the detention of children on the basis of their or their parents’ immigration status, and allow children to remain with family members and/or guardians in non-custodial, community-based contexts while their immigration status is being resolved, in accordance with their best interests and with their rights to liberty and family life;
(c) Refrain from detaining migrants with specific needs, particularly women, children, the elderly and persons with physical or mental disabilities, and where detention of migrants in these categories does take place, ensure that there is a specific policy in place for their detention and safe, gender-responsive and adequate detention facilities, including access to sexual and reproductive health care;
(d) Take the steps necessary to ensure that in administrative and judicial proceedings, including detention and expulsion proceedings, migrant workers and members of their families, particularly those in an irregular situation, are guaranteed due process on an equal basis with nationals of the State party before the courts and tribunals;
§ 35. The Committee recommends that the State party: […] (e) Ensure that diplomatic missions in States of employment have specific policies that address prevention of and response to arbitrary detention and sexual and gender-based violence, including having female officers to deal with cases of sexual abuse, a local 24/7 hotline free of charge, a roster of competent local lawyers able to help the State party’s migrant workers with legal issues, and that they conduct frequent visits to migrant detention centres; […],
§59. The Committee recommends that the State party: […], (e) Take measures to properly identify victims of trafficking and to protect them from prosecution, detention or punishment for activities in which they were involved as a direct consequence of their situation as trafficked persons;
> UN Special Procedures
Relevant Recommendations or Observations by UN Special Procedures
(d) Ensure that alternatives to detention in the context of migration, which
are accessible and realistic, are deployed;
(e) Cease holding migrants in Mirihana immigration detention facility
immediately as it is entirely inappropriate for such purposes.
> UN Universal Periodic Review
Relevant Recommendations or Observations from the UN Universal Periodic Review
REGIONAL HUMAN RIGHTS MECHANISMS
HEALTH CARE PROVISION
HEALTH IMPACTS
COVID-19
Country Updates
Government Agencies
Ministry of foreign affairs - https://mfa.gov.lk/
Ministry of Internal & Home - https://mpclg.gov.lk/
Departement of Immgration & Emigration - https://www.immigration.gov.lk/
International Organisations
UNHCR Office - https://www.unhcr.org/where-we-work/countries/sri-lanka
IOM Office - https://srilanka.iom.int/
ILO Office - https://www.ilo.org/regions-and-countries/asia-and-pacific/sri-lanka
NGO & Research Institutions
Caritas office - https://www.caritas.org/where-caritas-work/asia/sri-lanka/
Amnesty Office - https://www.amnesty.org/en/location/asia-and-the-pacific/south-asia/sri-lanka/
Save The Children - https://www.savethechildren.net/sri-lanka
