COLOMBO: Sri Lanka’s Human Rights Commission,(SLHRC) has urged the Ministry of Health to reconsider its decision on forced cremation of Covid infected bodies and has further recommended that the relevant gazette notification be amended in the manner to ensure compatibility with Sri Lankan law and international obligations.
Last week, a delegation led by National Unity Alliance Leader and former Western Province Governor Azath Salley met the members of the SLHRC to apprise them of the grievances of the Muslim community regarding the mandatory cremation on the disposal of Covid infected bodies.
The SLHRC in a letter signed by Ramani Muttettuwegama
Commissioner in Charge of Investigations and Inquiries, addressed to the Secretary to the Minister of Health, it said : :” The Commission draws your attention at this point to its letter dated 29.04.2020 addressed to Secretary, Ministry of Health. The Commission reiterates the human rights position taken thereunder. The Commission further appeals to you to keep in mind the human angle as well. We all know, death of a loved one under any circumstance is one of the most difficult experiences for a human being. To add more grief of not sharing the information on the person’s death or imposing a fixed way of managing the mortal remains contradicting the edicts of the person’s religious beliefs is indeed extremely sad.
The Commission highlights that any restrictions on a fundamental right, even at a, time of crisis such as this has struck the country at present, must be imposed under strict justifications and with as much space as can be reasonably accommodated for the exercise of the right at issue.”
“ Permit burials as well as cremations of bodies of persons who succumb to the Covid-19 virus while adhering to required health guidelines. ii. Mandate PCR testing results to be issued within 24 hours of a person’s death. iii. Create a sanitary system of storing bodies of those who die at home and stop taking them to the police morgue.
Adopt a systematic approach to management of deaths that is humane and transparent. • A transparent process for delegation of authority by the proper authority. • A process for declaring a person’s cause of death Permitting families to pay their final respects while adhering to required health guidelines.
Ensure stakeholder participation when formulating procedures for management of deaths in the context of Covid-19 by engaging the communities that may be affected.”
The letter has pointed out that the Human Rights Commission of Sri Lanka received complaints and expressions of concern from persons of various religious groups including Muslims, Christians and Buddhists on their inability to perform final religious rites after the death of persons in the context of Covid-19. Amongst the concerns raised are the forcible removal of bodies, lack of a standard process for determining whether the deceased person has in fact succumbed to the virus, lack of transparency surrounding the process and doubt as to the mandatory cremation requirement. Further, the Commission has received numerous appeals to the same effect from family members of people who have been declared as having died of the Covid-19 virus.
While the Commission fully recognizes the need to impose restrictions on certain fundamental rights to protect public health at this time, the Commission is mandated to examine whether such restrictions are compatible with the relevant Constitutional provisions and international human rights obligations. It is incumbent on the Commission as per Section 10 (c) and (d) of the Human Rights Commission of Sri Lanka Act No. 21 of 1996 to advise the government on the promotion and protection of fundamental rights and to make recommendations regarding measures which should be taken to ensure that national laws and administrative practices are in accordance with international human rights norms and standards.”
