The Hon. (Dr.) Harsha de Silva

¶ 01 Hon. Presiding Member, I welcome speaking on Hon. Rauff Hakeem’s Motion concerning Rohingya who arrived by sea last month. The Navy’s rescue was commendable—let me appreciate their lifesaving mission. Unfortunately, the story soured when the Ministry of Foreign Affairs, Defence, and leaders signaled deportation to Myanmar—precisely the country they fled. There appears to be no grasp of the customary international law principle of non-refoulement. The Defence Minister even said authorities were consulting Myanmar on deportation. That was morally repugnant and legally indefensible. Sri Lanka is obliged under international law not to return refugees against their consent.

¶ 02 To buttress the indefensible, it was claimed that intelligence reported 100,000 illegal immigrants were planning to enter the country—fearmongering born of the absence of coherent communication and the courage to reason. The Government then shifts narratives as tactics, damaging Sri Lanka’s image far more than any imagined refugee threat.

¶ 03 The Ministry of Foreign Affairs should have provided timely, sensible, diplomatically sound advice, recalling how earlier Rohingya arrivals were handled with maturity despite initial negative reactions. UNHCR has sought access for some time; as the Human Rights Commission stated, Rohingya have the right to access UNHCR, which cannot be denied. Though Sri Lanka is not party to the 1951 Convention and 1967 Protocol, international legal principles apply.

¶ 04 First, non-refoulement: no returning a person seeking international protection against State persecution without consent. Second, the humanitarian principle: ensure safety and provide essentials—food, shelter, medical care, and education—without undue restrictions, with donor support. The 1992 UN Declaration on the Protection of All Persons from Enforced Disappearance (Article 8) forbids returning a refugee where there are substantial grounds of risk of enforced disappearance. The Government must not deport these individuals to Myanmar against their consent and should facilitate UNHCR to discharge its mandate.

¶ 05 Thank you.