The Hon. Rauff Hakeem, Attorney-at-Law

¶ 01 Hon. Presiding Member, I move the following:

¶ 02 “Whereas the World Health Organization had issued guidelines during the COVID-19 pandemic stating that burial of the bodies of persons who died due to COVID-19 was permissible; and whereas, notwithstanding the same, the then Government, in 2020, adopted a policy decision to cremate such bodies, citing a risk of contamination of groundwater through burial; and whereas cremations were carried out without the consent of the next-of-kin; and whereas the Government thereafter officially apologized acknowledging that the implementation of such decision was incorrect; and whereas the next-of-kin of such deceased persons were deprived of the right to perform religious rites according to their faiths or to view the bodies; and whereas, due to local and international protests and pressure, burials were later permitted at a remote area in Oddamavadi (Mazjna Nagar) in Batticaloa; and whereas the next-of-kin were thus deprived of religious rites and last respects due to the deceased; now therefore this Parliament resolves that a Select Committee be appointed to investigate the serious lapses by the State and to make appropriate recommendations to ensure justice to the families and next-of-kin of those who died due to the said pandemic.”

¶ 03 Hon. Presiding Member, I base this also on portions of the UN Human Rights Council Resolutions against Sri Lanka. The 23 March 2021 Resolution states:

¶ 04 “8. Expresses further concern that the response to the coronavirus disease (COVID-19) pandemic has had an impact on freedom of religion or belief and exacerbated the prevailing marginalization of and discrimination against the Muslim community, and that cremations for those deceased from COVID-19 have prevented Muslims and members of other religions from practising their own burial religious rites, and has disproportionately affected religious minorities and exacerbated distress and tensions;

¶ 05 9. Calls upon the Government of Sri Lanka to ensure the prompt, thorough and impartial investigation and, if warranted, prosecution of all alleged crimes relating to human rights violations...”

¶ 06 Further, the 6 October 2022 Resolution states:

¶ 07 “11. Also urges the Government of Sri Lanka to take measures to address the marginalization of and discrimination against persons from the Muslim community, and to ensure that Muslims and members of other religions are able to continue to practise their own religious rites, including burial rites;

¶ 08 12. Calls upon the Government of Sri Lanka to ensure the prompt, thorough and impartial investigation and, if warranted, prosecution of all alleged crimes relating to human rights violations ... with the full participation of victims and their representatives;”

¶ 09 I had earlier questioned the Hon. Minister of Health on details sought. Be that as it may, I will list international directives and manuals violated by the Sri Lankan Government:

¶ 10 1) WHO: Infection Prevention and Control for the safe management of a dead body in the context of COVID-19 (24 March 2020) — still valid.

¶ 11 2) WHO/UNICEF: Interim Guidance on water, sanitation, hygiene and waste management for the COVID-19 virus (19 March 2020) — still valid.

¶ 12 3) UNESCO: Statement on COVID-19: Ethical Considerations from a Global Perspective (26 March 2020) — still valid.

¶ 13 4) Recommended Measures for the Safe Burial of Bodies of Deceased Persons with COVID-19 — by Sri Lankan hydrogeologists and environmental engineers, detailing safe burial options in Sri Lanka.

¶ 14 5) ICRC: General Guidance for the management of the dead related to COVID-19 (31 March 2020) — still valid.

¶ 15 6) WHO: Practical considerations and recommendations for religious leaders and faith-based communities in the context of COVID-19 (7 April 2020) — still valid.

¶ 16 The so-called Expert Committee’s decision ran contrary to all these, practised in 192 countries. We were the only country to follow a contrary practice. Hence, a Select Committee is needed to ascertain how this horrendous decision was reached, against medical ethics.

¶ 17 I also quote The Lancet editorial “Advancing racial and ethnic equity in health” — “Racism is a public health emergency of global concern” — and that hatred, intolerance and discrimination kill, and that restoring justice can heal societies.

¶ 18 Despite flouting globally accepted norms, those responsible continue to hold high office, including Secretaries, without any inquiry or discipline. A mere apology is insufficient. We urge this House to appoint a Select Committee to examine the evidence, identify responsibility and address concerns expressed by the UNHRC. Thank you.