スリランカ大統領訪日と同国の人権問題に関する石破首相首相宛て書簡

内閣総理大臣 石破茂 殿

CC: 外務大臣 岩屋毅 殿

スリランカのアヌラ・クマーラ・ディサナヤケ大統領が今月東京を訪れするにあたり、ヒューマン・ライツ・ウォッチを代表して、スリランカでの懸念すべき人権状況についてご留意いただきたく本書簡を差し上げる次第です。

日本はスリランカにとって最大級の国際支援国であり、戦後から現在に至るまで一貫して同国との間に寛容と友好を基盤とした信頼関係を構築しています。この重要な関係が、スリランカでの人権尊重の向上にも寄与すべきであると存じます。

現在開催中の国連人権理事会会期ではスリランカの人権状況が協議されています。国連人権高等弁務官事務所（OHCHR）が実施する「スリランカ・アカウンタビリティ・プロジェクト」（OSLAP）のマンデート延長決議が採択に向け審議される予定です。私たちは日本政府に対し、OSLAPのマンデート延長を求める強力な決議を支持することを、また貴国としてスリランカ大統領に決議を支持するよう要請することを強く求めます。

ディサナヤケ大統領の就任から1年が経過しました。しかし、スリランカの人権義務を遵守するとの公約にもかかわらず、戦争被害地域での被害者や活動家への脅迫や監視が止まないなかで、過去の残虐行為や重大な人権侵害に対する不処罰状態が依然として続いています。

こうした人権問題を受け、2021年に人権理事会はOHCHRに対し、スリランカの人権状況をモニターし、報告するとともに、スリランカでの国際人権法及び国際人道法への重大な違反行為の証拠を収集・分析・保存するマンデートを付与しました。

しかしながら、本書簡に添付のブリーフィングノートに記載の通り、人権理事会が行動を起こすに至った主要な人権問題のいずれにおいても、改善はほとんど、あるいは全く見られません。ヴォルカー・テュルク国連人権高等弁務官による最近のスリランカ報告書は、恣意的拘禁や拷問、拘禁中の死亡など治安機関による人権侵害行為が相変わらず続いていることを指摘するとともに、法の下の正義を求める家族や活動家を沈黙させるための弾圧的な法律が濫用されている状況を詳しく明らかにしています。テュルク高等弁務官は「不処罰状況が固定化されており、過去の人権侵害の原因となった構造的要因が依然として存在している」と指摘した上で、結論部では「人権理事会を通じた国際的な関与が依然として不可欠である」と述べるとともに、各国がOSLAPの活動を継続的に支持すべきだと訴えています。

この6月、テュルク高等弁務官はスリランカを訪問し、新たに発見された集団墓地などに足を運びました。そして、「不処罰の罠」について強い注意を促した上で、「スリランカは、信頼性が高く被害者の信頼を得られる国内のアカウンタビリティ・メカニズムの構築に苦戦してきました。これが、スリランカ国民が国際的な水準での支援を通じて、国外に正義を求める理由です」と述べました。

OSLAPの活動は、重大な人権侵害の証拠を保存することによって、国内または国際的な司法の場での将来的な訴追を可能にする上で極めて重要です。被害者と目撃者らがOSLAPの証拠収集・分析・保全活動に協力してきたのは、国内メカニズムへの信頼を失っているかれらにとって、OSLAPこそが現時点で唯一現実的な法的責任追及（アカウンタビリティ）を実現する道筋であるからです。重大犯罪に対する法的責任追及に具体的な進展が見られるまで、OSLAPの活動は継続される必要があります。

スリランカの人権状況に関する当方の懸念事項と要請内容を別添に記載しております。ディサナヤケ大統領の訪日中に、これらの問題をご提起いただけますよう要請いたします。ご関心に感謝申し上げますとともに、これらの問題について、石破総理または官邸スタッフの皆様と直接意見交換の機会を頂ければ幸いです。

敬具　　　

ヒューマン・ライツ・ウォッチ

アジア局長

エレイン・ピアソン

ヒューマン・ライツ・ウォッチ

日本代表

土井香苗

別添

スリランカの人権状況の詳細と貴国への要請について

不処罰の危機

Tens of thousands of people were killed during the civil war between the Sri Lankan government and the separatist Liberation Tigers of Tamil Eelam (LTTE), including an estimated 40,000 in the final months alone. Abuses by government forces included arbitrary arrests and detention, extrajudicial killings, rape and other sexual violence, enforced disappearance, torture and other ill-treatment, and indiscriminate attacks on civilians. The LTTE committed numerous atrocities, including suicide bombings and other indiscriminate killings of civilians, torture, the use of child soldiers, forced displacement of ethnic populations, targeted killings, and summary executions.

Since end of the war in 2009, the UN has played a vital role in advancing justice and accountability while seeking to end ongoing violations. The Secretary-General’s Panel of Experts report (2011) and OHCHR Investigation on Sri Lanka (OISL, 2015) documented extensive rights abuses and violations by both sides during the conflict, some of which they found may have amounted to war crimes and crimes against humanity. The OISL report found that:

[t]he sheer number of allegations, their gravity, recurrence and the similarities in their modus operandi, as well as the consistent pattern of conduct they indicate, all point to system crimes… these findings demonstrate that there are reasonable grounds to believe that gross violations of international human rights law, serious violations of international humanitarian law and international crimes were committed by all parties during the period under review. Indeed, if established before a court of law, many of the allegations may… amount to war crimes… and/or crimes against humanity.

Successive Sri Lankan governments have appointed at least 10 commissions since the 1990s to examine human rights violations and war crimes, but none led to accountability or revealed the fate of thousands of victims of enforced disappearance. Instead, successive governments have blocked the few criminal investigations that had made some progress. During his June visit, High Commissioner Volker Türk warned of the “impunity trap,” and that “an absence of justice will undermine the stability of peace.” At the end of his visit, the High Commissioner stated: “Sri Lanka has struggled to move forward with domestic accountability mechanisms that are credible and have the trust and confidence of victims. This is why Sri Lankans have looked outside for justice, through assistance at the international level.” By blocking accountability successive Sri Lankan governments have deepened the suffering of victim communities, and broken commitments made to the Human Rights Council to ensure truth, justice and reparations. More recently, Sri Lankan governments have rejected Council resolutions outright, while valorizing “war heroes.”

A series of Human Rights Council resolutions since the war ended has shown member states’ determination that there must be accountability for these crimes, including by establishing OSLAP to collect and preserve evidence in 2021. Those mandates have been among the very few remaining sources of hope for victims and their families seeking justice.

In a statement to the Council on October 9, 2024, the then newly elected Sri Lankan government pledged that “[d]omestic mechanisms and processes that deal with reconciliation, accountability and justice will be credible and independent,” and stated that, “[a]s directed by the President, investigative authorities have already announced redoubling of investigation into a number of clearly identified accountability cases that were pending from the past.” However, there is little if any observable progress – whether active investigations or prosecutions, much less convictions -- towards these commitments. Little has changed since prosecutions in a number of emblematic cases were halted under President Gotabaya Rajapaksa (2019-2022). While there remains no apparent prospect of new investigations or prosecutions related to human rights violations or war crimes in the northeast, high-profile proceedings such as in the 2009 murder of Colombo-based newspaper editor Lasantha Wickrematunge, and the 2010 enforced disappearance of journalist Prageeth Ekneligoda, both remain stalled, although the police have collected extensive evidence of security forces involvement in both cases. Since his election, President Dissanayake has made no progress towards his campaign promise to make the prosecutors’ office politically independent. Neither has there been any apparent progress in a promised investigation of the 2019 Easter Sunday bombings, which killed over 250 people, although President Dissanayake has supported claims by whistleblowers and the Catholic church that there was a cover-up of state complicity in the attacks.

Long and bitter experience has caused victims, their families and communities, to lose faith in domestic institutions and processes that have sought to shield alleged perpetrators. Victims’ families have therefore engaged with OSLAP, despite the risk of government reprisals – a risk that continues under the current administration.[1]

Since his election, President Dissanayake has spoken of “reconciliation,” but despite subsequently securing a large parliamentary majority his government has not taken any steps that demonstrate a willingness to appropriately address conflict-era crimes. While a country that endured decades of civil war should embark upon a process of truth telling and reconciliation, this cannot replace the need for a simultaneous justice and accountability process.

We recommend that you urge President Dissanayake to:

• Allow OSLAP access to Sri Lanka to undertake investigations and to meet with victims and witnesses of crimes under international law;
• Promptly initiate the process to create the Directorate of Public Prosecutions, separate from the attorney general’s office, as pledged in the election manifesto of the President’s party;
• Build on and utilize evidence gathered by previous domestic commissions of inquiry to pursue justice and accountability;
• Ensure fair and thorough investigations of major crimes including the 2019 Easter Sunday bombings, and of emblematic cases that were partially investigated and prosecuted between 2015-19 before those investigations were dropped under President Gotabaya Rajapaksa.

強制失踪と集団墓地

Sri Lanka has one of the world’s highest rates of enforced disappearances, numbering in the tens of thousands, including those who disappeared during the 1980s Janatha Vimukthi Peramuna (JVP) insurgency and during and after the civil war between the government and the LTTE. Previous governments have for decades refused to reveal the fate of the disappeared, or to prosecute those responsible. The government’s Office of Missing Persons (OMP) has made almost no apparent progress investigating cases and is widely distrusted by victims’ families.

At least 20 mass graves have been discovered throughout the island, often by accident. Earlier this year a fresh investigation began at Chemmani, near Jaffna, after construction workers uncovered human remains. By late July 2025 the remains of over 100 people, including children, suspected to have been victims of extra-judicial killings by the Sri Lankan army, had been discovered, but lawyers working on the case believe the site may contain many more. Sri Lankan authorities lack the technical capacity to rigorously investigate mass grave sites, and in the past a lack of political will has also undermined investigations, meaning that almost no victims’ remains have ever been identified or other evidence suitably preserved.

When he visited Chemmani and met families of the disappeared on June 25 2025, UN High Commissioner Türk said, “One thing that needs to be done is thorough investigations… by independent experts with forensic expertise who can bring out the truth.”

We recommend that you urge President Dissanayake to:

• End the security forces’ harassment and intimidation of relatives of the disappeared who are campaigning for truth and justice;
• Accept international technical assistance to investigate mass graves throughout the island, and identify remains including by DNA testing;
• Reform or replace the OMP, to ensure a body that is credible in the eyes of victims’ families, and upholds their rights;
• Use evidence gathered by the OMP and numerous commissions of inquiry to reveal the fate of the disappeared;
• Allow robust and independent criminal investigations and prosecutions of people alleged to be responsible for enforced disappearances.
• Invite the Working Group on Enforced Disappearances to visit Sri Lanka for the first time since 2019.

家族や人権の守り手に対する監視と威嚇

In the north and east of Sri Lanka, the areas which were most affected by the civil war, police and intelligence agencies continue to monitor and intimidate the families of victims who are campaigning for justice, as well as human rights defenders and other members of civil society. Among other things, security agencies attempt to monitor victim families’ and activists’ engagement with OSLAP and with the Human Rights Council process. The NGO Secretariat, responsible for regulating civil society organizations, is part of the Ministry of Public Security, indicating that civil society is treated as a threat to public security.

“Every day the police are visiting my house,” a human rights defender in Batticaloa, Eastern Province, told Human Rights Watch in July. A woman in Trincomalee, who has shared extensive information with OSLAP, said counterterrorism police questioned her at her home for three hours in June. “The monitoring is tighter now,” she said. “Sometimes they [police] approach our children to get information about us. That is a type of threat.” According to another human rights defender in the northeast, “The Sri Lankan government wants to show that they allowed the [UN] High Commissioner [for Human Rights] into the country, but they never give a visa for OSLAP to collect the victims’ and witnesses statements.”

We recommend that you urge President Dissanayake to:

• Direct security agencies to end the harassment and intimidation of victims’ families and human rights defenders who are campaigning for truth and justice, including threats and intimidation related to their engagement with UN human rights mechanisms.
• Immediately impose a full moratorium on the use of the PTA, and promptly implement the commitment to repeal it;
• Release remaining long-term PTA prisoners who were convicted on the basis of confessions obtained under torture;
• Ensure that any new counterterrorism legislation is compliant with international human rights standards;
• Direct security agencies to end the harassment and intimidation of people, mostly Tamils and Muslims, who were previously accused under the PTA and released due to lack of evidence.

テロ防止法

President Dissanayake’s election manifesto included a commitment to the “[a]bolition of all oppressive acts including the Prevention of Terrorism Act (PTA) and ensuring civil rights of people in all parts of the country.” Previous governments have made similar commitments, including repeatedly to the Human Rights Council. However, since his election the authorities have continued to use the PTA to detain people, often from minority communities, without credible evidence to support terrorism allegations. Many Muslims who were arrested and detained under the PTA without evidence of wrongdoing in connection with the 2019 Easter Sunday bombings continue to face harassment from the security forces.

According to human rights defenders in the Northern and Eastern provinces, members of the police and intelligence agencies routinely warn that they will be accused of terrorism because of their work. The International Monetary Fund (IMF) found in September 2023 that “broad application of counter-terrorism rules” restricts civil society scrutiny of official corruption.

We recommend that you to urge President Dissanayake to: 

• Immediately impose a full moratorium on the use of the PTA, and promptly implement the commitment to repeal it;
• Release remaining long-term PTA prisoners who were convicted on the basis of confessions obtained under torture;
• Ensure that any new counterterrorism legislation is compliant with international human rights standards;
• Direct security agencies to end the harassment and intimidation of people, mostly Tamils and Muslims, who were previously accused under the PTA and released due to lack of evidence.

信教・信条の自由の権利

The campaign to redesignate Hindu temples as Buddhist sites gathered speed in 2020, when then-President Gotabaya Rajapaksa established the Presidential Task Force for Archaeological Heritage Management in the Eastern Province. Although the task force is no longer active, the policy has continued under President Dissanayake. Agencies, including the Department of Archaeology, Department of Forests, Department of Wildlife Conservation, the military, and the police, have taken part in a concerted strategy assailing the culture and practices of religious minorities. In many cases, private lands belonging to Hindu or Muslim communities have also been affected. These actions violate rights including to freedom of religion or belief, and make government rhetoric of postwar “reconciliation” appear hollow.

We recommend that you urge President Dissanayake to:

• Direct state agencies to end the practices of encroaching upon or denying access to minority religious sites;
• Ensure that the police and other state agencies respect court orders upholding the rights of minorities to religious sites;

• Ensure that minority communities’ rights to lands that they use for economic activities are not subject to discriminatory interference or obstruction by government agencies.