By Sarath Wijesinghe President’s Counsel (LL.M (UCL)), former Ambassador to UAE and Israel, President of the Lanka Ambassador’s Forum – United Kingdom, Solicitor in England and Wales, and Suchithra Withanage (LL.M (UK) (LL.M (UK) MBA (UK | Reading) LL.B (Hons) (UK)) Diploma in Law (UK) MCIArb (UK) MBCS (UK) MCMI (UK) ACIPR (UK) ASIArb (Singapore)

In recent times, Sri Lanka has found itself ensnared within the tendrils of a disturbing and rapidly escalating wave of criminal activities, spanning from larcenies and physical assaults to even more egregious acts such as homicides. This surge has cast a palpable specter of trepidation upon the populace, compelling the government to respond with the inception of Operation ‘Yukthiya’, a multifaceted initiative designed to stem the rising tide of criminal elements. However, this undertaking has not gone unnoticed on the global stage, as the international community, as well as UN experts, cognizant of potential human rights transgressions, raises their collective voices, advocating for a temporary suspension of the operation.
To fathom the origins of this contemporary crisis, one must probe into Sri Lanka’s historical posture towards criminals and substance users. The government’s historical leniency and/or negligence, inadvertently allowing the growth of organized criminal networks, has allowed these illicit entities to thrive with unwarranted impunity. Operation ‘Yukthiya’ thus emerged as a corrective endeavor, seeking to dismantle the deeply entrenched criminal networks that have insidiously taken root over the course of time.
The international consternation and calls for the suspension of the ‘Yukthiya’ are born out of legitimate apprehensions regarding potential human rights transgressions. Reports detailing extrajudicial actions and the utilization of excessive force have ignited consternation among human rights organizations and foreign governments alike. While these concerns bear validity, it is incumbent upon us to acknowledge the delicate tightrope the authorities are navigating, a precarious balance between ensuring public safety and upholding individual rights. A judicious examination of the dynamics at play is requisite for a holistic comprehension of the situation.
Undeniably, the paramount significance of safeguarding human rights cannot be overstated. Sri Lanka, akin to any other sovereign entity, is duty-bound to uphold the tenets of justice, equity, and individual liberties. Nevertheless, the imperative of addressing the surge in criminal activities looms large on the national agenda as well. The crux of the matter lies in the delicate equilibrium that must be struck between the preservation of individual rights and the maintenance of public safety. It therefore becomes imperative for the government to conduct an exhaustive review of Operation ‘Yukthiya,’ ensuring that the actions undertaken by law enforcement agencies remain firmly within the bounds of legality and respect for human rights. The subtleties of Sri Lanka’s challenges may elude the complete comprehension of the international community. These complexities, forged by deeply ingrained organized crime, historical leniency, a measure of negligence by stakeholders, and the imperative for immediate actions to ensure public safety, contribute to the convoluted environment within which ‘Yukthiya’ unfolds. There exists a compelling need to bridge the chasm in understanding between Sri Lanka and the international community, facilitating a discourse that acknowledges the unique circumstances prevailing on the ground.
The genesis of the leniency towards crime in Sri Lanka is a convolution of socio-economic factors, political considerations, and inherent challenges in law enforcement. Over the decades, the government’s reluctance to address these issues with appropriate resolve has sown the seeds of a negligent culture, providing a permissive milieu for the flourishing of criminal elements in all corners of the island, engendering and inconveniencing regular citizens. Unintentionally, this has given rise to the organized proliferation of criminal networks. The audacity of criminals, emboldened by the absence of severe consequences for their transgressions, has enabled them to establish and fortify their operations with alarming efficiency. The paucity of a robust deterrent has contributed to the emergence of sophisticated criminal enterprises, adept at orchestrating an array of illegal activities with a disconcerting degree of impunity. The consequence is an upswing in crimes spanning from the mundane to the heinous, including petty thefts to more egregious acts like assaults and even homicides involving gun violence, which have seen an alarming increase in recent months and have garnered publicity on a myriad of news networks. Law enforcement agencies are thrust into a confrontation not merely with individual malefactors but with well-connected, organized networks wielding profound influences. The surge in crime has metamorphosed into a systemic malady necessitating a comprehensive and multifaceted response.
In answer to the mounting wave of criminality, the Sri Lankan government therefore embarked upon ‘Yukthiya’, which endeavors to address the foundational causes of the surge in criminal activities, strategically dismantling the organized networks that have thrived under the umbrella of oversight. While subjected to international scrutiny, it is imperative to perceive this operation not merely as a subject of critique but as a necessary and audacious stride towards rectifying the systemic maladies that have beleaguered the nation.
In confronting the exigencies presented by the tide of criminality, Sri Lanka stands at the crossroads of an imperative, striking the appropriate balance between safeguarding individual rights and ensuring the sanctity of public safety. Operation ‘Yukthiya,’ therefore assumes a role of significance, demanding meticulous conduct cognizant of the potential for human rights transgressions, with a steadfast commitment to legal norms and international standards. The preservation of this balance necessitates a thorough and introspective review of the operation’s modalities, as the metastasis of criminal activities has reached a juncture where its unbridled proliferation poses a formidable threat to the societal fabric. The insidious rise of robberies, assaults, and sundry illicit endeavors has cast a pall of fear and insecurity, underscoring the inescapable urgency of decisive action. With each passing day devoid of resolute intervention, the influence of criminal networks grows deeper, rendering their eradication an increasingly Herculean task.
The permissiveness toward the crisis carries dire repercussions for the nation. Beyond the immediate jeopardy to public safety, escalating crime levels harbor the potential to nurture a culture of violence, corroding social cohesion and undermining the bedrock of a tranquil and harmonious society. The ramifications extend far beyond the direct victims of criminality, permeating the collective well-being of communities and the nation at large. In the face of this pressing challenge, governmental intervention is not merely a matter of desirability but an imperative. ‘Yukthiya,’ conceived as a riposte to the mounting crime levels, stands as an embodiment of law enforcement’s acknowledgment of the gravity of the situation. This endeavor aspires to dismantle the organized crime networks, with the overarching goal of reinstating a semblance of security and well-being for the citizenry.
Furthermore, it can be observed that concurrently with governmental endeavors, the nexus of community engagement and heightened awareness assumes an indispensable role in navigating the complex terrain of escalating crime levels. The empowerment of communities to stand vigilant, the cultivation of a pervasive sense of collective responsibility, and the promotion of seamless collaboration between citizens and law enforcement constitute integral facets of a cogent strategy. The bedrock of a successful approach lies in the establishment of trust between the public and authorities, nurturing an environment wherein each individual actively contributes to the safety and security of their neighborhoods.
However, it must be stated that the necessity of ensuring that law enforcement actions adhere scrupulously to legal norms and international fundamental rights standards becomes pronounced in order to obviate the specter of potential human rights abuses. Moreover,
mitigating the urgency attendant to the escalating crime levels transcends the purview of immediate law enforcement actions. It mandates the formulation and implementation of comprehensive policies addressing the root causes of criminality. Socio-economic considerations, educational disparities, and equitable access to opportunities must be woven into a holistic framework that not only sanctions the errant but endeavors, fundamentally, to forestall the conditions precipitating criminal behavior. Nevertheless, the international stage has not remained indifferent to the progress of Operation ‘Yukthiya,’ with resonant calls for its suspension reverberating in diplomatic corridors. The specter of potential human rights transgressions and extrajudicial actions has prompted international authorities to scrutinize the operation, questioning its validity and ethical underpinnings. While these concerns bear validity, an outright suspension threatens to undercut the strides made in quelling criminal activities, leaving the nation perilously exposed to the persistent machinations of organized crime. In fact, the prospect of suspending ‘Yukthiya’ may unfurl far-reaching consequences for the headway achieved in attenuating criminal activities. Despite its imperfections, the operation has manifested signs of efficacy in dismantling criminal networks and disrupting their nefarious operations. The abrupt cessation of such an initiative may furnish a fertile ground for these criminal elements to regroup, thereby rendering the initial efforts futile and exacerbating the jeopardy to the safety and security of citizens.
In acknowledgment of the reservations articulated by the international community, a judicious middle ground must be sought. ‘Yukthiya’ ought endure, albeit under heightened scrutiny and subject to an exhaustive review. This approach ensures the operation’s continued efficacy in combating organized crime while simultaneously addressing the genuine concerns associated with potential human rights violations. The twin pillars of transparency, accountability, and firm adherence to legal norms should form the linchpin of this meticulous review process. In combating organized crime, the sanctity of human rights can be considered the compass rose in the operations. ‘Yukthiya,’ in its pursuits, must progress only with a discerning cognizance of the latent potential for abuse and violations. Law enforcement actions, constituting the sinews of this operation, should conscientiously adhere to international standards, ensuring the protection of suspects’ rights and the meting out of justice. A comprehensive review, suffused with mechanisms to redress any reported human rights infractions, stands not only as an example of accountability but as a reinforcement of the commitment to the rule of law.
The crux of the challenge lies in the delicate equipoise between the safeguarding of human rights and the imperative efficacy of the ‘Yukthiya.’ The government is tasked with a demonstration of commitment to upholding individual liberties even as it confronts the entrenched criminal networks that cast a looming shadow over the nation’s stability. Enhancing international collaboration and dialogue becomes a sine qua non, wherein a profound understanding of the challenges faced by Sri Lanka can be duly forged through apt communication and understanding, birthing a solution that reveres human rights without concomitantly compromising public safety. After all, the equilibrium between safeguarding
individual rights and ensuring public safety is linchpin of any society aspiring to justice and ethical rectitude.
To assuage international concerns and usher in a more transparent and accountable paradigm, a more rigorous review process for Operation ‘Yukthiya’ becomes a need of the hour. This process, endowed with the imprimatur of independence, should wield the authority to scrutinize and assess the operation’s actions, ensuring a fidelity to international legal standards and the respect of human rights. The review process, far from being reactive, should be imbued with a proactive ethos, monitoring the operation’s ongoing activities to preclude potential abuses and crystallize an environment of unassailable integrity. Central to the exacting scrutiny inherent in the review process is the unequivocal protection of the rights vested in the suspects entangled within the ambit of ‘Yukthiya.’ Regardless of their alleged complicity in criminal activities, these individuals are entitled, as a matter of fundamental justice, to equitable treatment, due process, insulation from the capricious or disproportionate use of force, and access to legal aid as well as rehabilitation.
The law enforcement must not attempt to usurp the duties and responsibilities of the judiciary, which is to decide by themselves the guilt of a suspect accused of a crime when they are subjected to arrest. Embedded within the review process must also exist mechanisms designed to probe any reported abuses, with discernible consequences awaiting those adjudged responsible. This commitment to safeguarding the rights of suspects not only elevates the credibility of the operation but also ensures its alignment with the precincts of justice.
By meticulously aligning law enforcement actions with the compass of legal norms and international standards, the operation cultivates a reservoir of support and trust among the populace. This trust, an indispensable currency, is vital for cultivating the cooperation of communities, catalyzing the sharing of intelligence, and crystallizing an environment wherein citizens proactively contribute to the safety and security of their neighborhoods.
The daily tribulations endured by ordinary citizens of Sri Lanka, besieged by the scourge of rampant crime, often elude a comprehensive understanding when scrutinized through the lens of international authorities. The complexities of the Sri Lankan socio-economic fabric, the details etched in cultural narratives, and the historical contexts that interlace to shape the crime landscape may not find adequate resonance with external observers, unless they conduct a personal examination of the situation on the ground. The peril of a limited understanding from afar lies in the potential for misinterpretations, overlooking crucial facets indispensable to the formulation of effective solutions. To grapple with the challenges besieging the nation an obligation thus unfolds: an unswerving recognition of the realities etched upon the terrain. The fusion of cultural idiosyncrasies, legacies, and socio-economic tangles composes a complex symphony. While international authorities may proffer invaluable insights, an exclusive reliance on external perspectives risks the perilous oversimplification and misunderstanding of the subtleties at play. True comprehension demands an active engagement with the local
context, affording a more accurate assessment of the root causes of crime and the dynamics that sustain its persistence.
Navigating the manifold crime challenges in Sri Lanka requires not only the acknowledgment of the limitations inherent in external perspectives but, more crucially, the proactive engagement with local communities, authorities, and experts. Through immersive engagement, international entities can glean insights into the multifaceted nature of the challenges faced by ordinary citizens, contributing substantively to the formulation of solutions that transcend the ephemeral and embrace the enduring. The acknowledgment of the agency vested in the local populace and the inclusion of their voices in the decision-making echelons are salient, indispensable for the progressive success of any external intervention.
The attainment of a better understanding on the path to genuine comprehension of the economic and social fabric of a developing nation in the throes of multifarious predicaments, necessitates the orchestration of profound dialogue and collaboration, an interplay between Sri Lanka and the international community that transcends perfunctory exchanges. Open lines of communication become not merely a conduit for the exchange of perspectives, information, and expertise but a much-needed gateway to resolve challenges and arrive at their potential solutions expeditiously, with insights and assistance of all relevant parties with a legitimate claim and interest in establishing harmony and prosperity in Sri Lanka. With a long heritage, diverse ethnicities, and a complex historical narrative, the nation’s challenges necessitate an approach that ventures beyond superficial analyses. The scars of past conflicts bear witness to the unintended consequences when external endeavors lack the requisite granularity to understand the unique context of Sri Lanka. The lessons garnered from these historical chapters thereby underscore the exigencies for an exhaustive understanding of the local dynamics, and the call for a more diligent approach is not merely an academic proposition but is deeply rooted in the daily experiences of Sri Lankan citizens. In doing so, we pave the way for collaborative solutions that resonate authentically with the needs and aspirations of the populace, cultivating sustainable progress and well-being of the nation