Page 47 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
of Sri Lanka’s solution to the issue of refugee protection.
The lack of laws that are specifically designed to accommodate
refugees is one of the main inadequacies in Sri Lanka. In fact, it is
the immigration general laws and the Immigrants and Emigrants
Act No 20 of 1948 enacted by the Sri Lanka which can be related
to refugee context comprise provisions to remove non-citizens
out from Sri Lanka making contradictions to the Principle of
Non-Refoulement and other obligatory aspects pertain to refugee
protection. On the other hand Sri Lanka is not member of the
1951 Convention and its 1967 Protocol , but it is party to other
9
international human rights treaties that contain the refugee rights
indirectly.
Policy and Practice
The Sri Lankan policy towards asylum seekers is largely oriented
upon the balancing of hospitality and safety factors. Traditionally,
10
there has been a practice of giving the asylum seekers a temporary
shelter in the country, primarily during the regional issues. Yet,
11
on occasion, there have been instances of strict policies were about
the imprisonment and detention of undocumented refugees and
asylum seekers, and this has caused controversies and doubt about
how well refugees are being protected.

Government Agencies
Ministry of Defence and the Department of Immigration and
Emigration in Sri Lanka are ministerial departments which are
mainly focusing on immigration and refugee-related issues. In
addition, the UNHCR is also one of the prominent organizations
providing protection and assistance to refugees and asylum seekers
through a joint collaborative with the local authorities.

9 https://www.unhcr.org/publications/basic-information-asylum-seekers-sri-lanka <accessed
on 25 May 2024>
th
10 Walter Kälin, ‘The Global Compact on Refugees and the Involvement of Faith-Based
Organizations in its Implementation’ (32(2) Journal of Refugee Studies 2019) 169-186.
11 Ibid (n6)
law.faculty@kdu.ac.lk
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