Image: None of Ismail’s household could attend the funeral. He was buried at Kemnal Park Cemetery in Chislehurst, south east London. ( photo courtesy of news.sky.com/)
“When we face such a grave public health crisis there is a need to ensure that the mental health of our population is also given due attention. In this regard, the disposal of bodies of persons who died during the pandemic requires particular attention. In the Muslim faith it is required that the dead be buried and cremation is not permitted. The possibility of compulsory cremation, therefore, is a matter of great distress to practicing Muslims. In these times of distress and uncertainty this is an added stressor that may adversely impact the mental health of large numbers in the population.” emphasis joint civil society statement address to president Rajapaksa.
H.E. Gotabaya Rajapaksa, President of the Democratic, Socialist Republic of Sri Lanka
CC:Hon. Pavithra Waniarachchi, Minister of Health
Dr. Anil Jasinghe, Director General Health Services
Dr. Sudath Samaraweera, Chief Epidemiologist, Epidemiology Unit
Dr. Hasitha Attanayake, Director, Infectious Diseases Hospital
Dr. Ajith Tennakoon, Chief Judicial Medical Officer
Dr. Deepika Udagama, Chairperson, Human Rights Commission of Sri Lanka
Dr. Razia Pendse, WHO Representative to Sri Lanka.
Your Excellency,
Disposal of bodies of deceased persons who were infected with and suspected of being infected with COVID-19
We write to you as the person leading Sri Lanka’s effort to prevent and deal with COVID-19.
We, at the outset, would like to express our gratitude to the public officials in Sri Lanka for their contribution towards preventing and dealing with COVID-19, particularly the untiring and selfless service of health sector workers.
We write with regard to the disposal of bodies of persons who died due to being infected with, and those that died who are suspected of being infected with COVID-19. We were pleased that the Ministry of Health Provisional Clinical Practice Guidelines on COVID 19 Suspected and Confirmed Patients dated 27 March 2020 allowed for burial under certain conditions, and the family of the deceased to view the body at a designated place at the hospital. We were however concerned to learn that an individual of the Muslim faith who died due to COVID-19 was cremated on 30 March 2020 in contravention of the said Ministry of Health Guidelines and against the wishes of the family.
We note that the Ministry of Health Provisional Clinical Practice Guidelines on COVID 19 Suspected and Confirmed Patients were thereafter amended and the new document dated 31 March 2020 as well as the Ministry of Health (MOH) Circular no EPID/400/2019 n-cov issued on 1 April 2020, which reproduces the amended Guidelines, require that all COVID-19 victims be cremated. We also note contradictory media reports on 2 April 2020 that Cabinet Spokesperson Bandula Gunawardena has stated that the government will adhere to WHO Guidelines in disposing the bodies of those who have died as a result of COVID- 19, as well as the appointment of an expert committee to decide on appropriate and practices to deal with the bodies of those who die due to COVOD-19.
When we face such a grave public health crisis there is a need to ensure that the mental health of our population is also given due attention. In this regard, the disposal of bodies of persons who died during the pandemic requires particular attention. In the Muslim faith it is required that the dead be buried and cremation is not permitted. The possibility of compulsory cremation therefore is a matter of great distress to practicing Muslims. In these times of distress and uncertainty this is an added stressor that may adversely impact the mental health of large numbers in the population.
At present, the religious identity of certain victims has been highlighted due to which, in both mainstream and social media, we have seen outpourings of vitriol, and hate speech against Muslims for their actions or inactions in not preventing or causing the spread of COVID-19. In this context, it is important that the decisions made regarding burial are not perceived as punitive measures against such perceived irresponsibility by infected persons. We must also recognize that there is widespread anti Muslim sentiment prevailing in Sri Lanka and has been for the past several years. The negative stereotypes about Muslims were exacerbated by the terror attacks on Easter Sunday in 2019 carried out by an ISIS inspired group of Muslims. It is important to ensure that decisions regarding matters of public health do not result in the persecution or marginalization of the Muslim population. Within such a context, we note with concern that the revised MOH Guidelines dated 31 March 2020 and the aforementioned MOH Circular disregard Muslim religious sensibilities and requirements, and provide no succor to the already distressed.
In this regard, we urge you to consider the WHO Interim Guidance dated 24 March 2020 on Infection Prevention and Control for the Safe Management of a Dead Body in the Context of COVID-19. The Guidance states that ‘cadavers do not transmit disease’ and that ‘It is a common myth that persons who have died of a communicable disease should be cremated, but this is not true. Cremation is a matter of cultural choice and available resources’. The Guidance further advises the authorities to ‘manage each situation on a case-by-case basis, balancing the rights of the family, the need to investigate the cause of death, and the risks of exposure to infection’. Where disposal is concerned, the Guidance says that ‘People who have died from COVID-19 can be buried or cremated’. We recognize that the option of burial might not be available in certain instances due to legitimate public health requirements such as the depth of graves. To address these concerns, the state could identify suitable burial grounds that meet WHO standards in all districts and request the particular community religious authorities to prepare themselves to adhere to those standards.
In seeking to ensure the well-being of all Sri Lankans at this difficult time, we highlight the need to also ensure dignity in death. In addition to the issue of Muslim and perhaps Christian burials, we have witnessed that the media is permitted to cover the cremation of those who died from COVID-19 without any consideration of the wishes of the bereaved families. While preserving the health of our population must be paramount, it must not be at the cost of our common humanity and the dignity of our dead. WHO guidelines state that, ‘The dignity of the dead, their cultural and religious traditions, and their families should be respected and protected throughout’.
Moreover, to encourage persons to report possible exposure and seek medical advice and help, we highlight the need to not stigmatize patients or criminalize them in any way, which will only lead to persons hiding their symptoms and further infecting others. It is also important to ensure there is public information in all three languages regarding the behavior required under different circumstances as well as regarding the available medical care. The availability of such information will reassure the general population that being infected with COVID-19 is not a death sentence.
We therefore urge you to reconsider the MOH Circular of 1st April 2020 and amendments dated 31 March 2020 to the MOH Provisional Clinical Practice Guidelines, and instead follow WHO Guidance on the disposal of bodies. We also call upon your Excellency to address the country’s greatly distressed Muslims and put to rest their fears that they are somehow being punished, or that the country has little respect for their concerns.
THE LIST OF SIGNATORIES
- Dr. Asha Abeysekere
- Hilmy Ahamed
- Silma Ahamed
- Azhar Ahamed
- Nihal Ahamed
- Prof. Arjuna Aluwihare
- K. Aingkaran, Attorney-at-law
- Dr. Harini Amarasuriya, Open University Of Sri Lanka
- S.M. Aneefa
- N. Abdul
- Faaiz, Ameer , Attorney-at-law
- Prof. Ameer Ali
- Swathika Arulingam, Attorney at law
- Niranjala Arulanathy
- Subajini Kisho Anton, Attorney at law
- M.M. Baheej, Attorney-at-law
- Capt. A.G.A. Barrie, SLE, P.Eng.
- Jiffriya Barrie
- Faahima Cadar
- Angelica Chandrasekeran
- Anushya Coomaraswamy
- Radhika Coomaraswamy
- C. Colombage
- Danesh Cassie Chetty
- Shalomi Daniel
- Amalini De Sayrah
- Bishop Duleep de Chickera
- Geetha de Chickera
- Marisa De Silva
- Shaanea Mendis de Silva, Artist
- Dinesh Dogangoda, Attorney-at-law
- Prabu Deepan
- K.M.Deen, All Ceylon YMMA Conference
- Dinushika Dissanayake
- Asma Edris
- S.C.C. Elankovan
- Sarala Emmauel
- Rev. Sister Nicola Emmanuel.
- Mohamed Faslan, University of Colombo
- Rashika Fazali
- Ilma Fareez
- Latheef Farook, Journalist
- Rizvi Farouk
- Khalid Farouk
- Ian Ferdinands
- Dr. Kaushalya Fernando
- Dr. Nimalka Fernando, Attorney-at-law
- Ruki Fernando
- Tamara Fernando
- Rev. Reid Shelton Fernando, Retired Priest, Colombo
- Angela Forman
- Bhavani Fonseka
- Manel Fonseka
- Mushtaq Fuad
- Aneesa Firthous
- C. Ranitha Gnanarajah Attorney -at law
- Shyamala Gomez
- Dr. Mario Gomez
- Gehan Gunetilleke
- Prof. Camena Guneratna
- Harsha Gunasena
- Anberiya Hanifa, Muslim Women’s Research and Action Forum
- Dr. Farzana Haniffa, University Of Colombo
- Sa’diya Hassen
- Adel Hashim
- Prof. Rajan Hoole
- Prof. S. Ratnajeevan H. Hoole
- Prof. Qadri Ismail
- Zumaiya Ifthikar
- Fathima Nabeela Iqbal
- Ashraff Jainudeen
- U.L. Jaufer, Attorney-at-law
- Dr. Sivagnanam Jeyasankar
- Sr. Victorine James, Holy Cross School of health Sciences Jaffna
- Dr. Ahilan Kadirgamar, University Of Jaffna
- Niyanthini Kadirgamar
- Sakuntala Kadirgamar
- Dr. Ramya Kumar
- Chulani Kodikara
- Mohamed Kubais
- Mahaluxmy Kurushanthan
- Annie Kurian
- Jayanthi Kuru-Utumpala
- Shaheera Lafeer
- Jeremy Liyanage, Bridging Lanka Ltd.
- Ismath Majeed.
- Jensila Majeed
- Justice. Dr. Saleem Marsoof
- Izath Manal
- Mohamed Mahuruf
- M. Meera Saibu
- Dr. Farah Mihlar
- Juwairia Mohideen
- Buhari Mohamed
- Nawaz Mohamed, Former Working Director, SLRC
- F. Muflik
- F. Z. Nasrullah
- Nagulan Nesiah
- Devanesan Nesiah, Retired Secretary, Ministry of Transport, Environment and Women’s Affairs
- Prof. Vasuki Nesiah, New York University
- S.M.A. Niyas
- M.N.M. Nowras
- Prof. Arjuna Parakrama, University Of Peradeniya
- Nicola Perera, University Of Colombo.
- Dylan Perera
- Anna Peter
- Dr. Jehan Perera, National Peace Council
- Srinath Perera, Attorney-at-aw, United Socialist Party
- Rev. Dr. Jayasiri Peiris, Church of Ceylon
- Fathima Rameeza
- Nalini Ratnaraja
- K.S. Ratnavel, Attorney-at-law
- Dr. Ramola Rasool, University Of Kelaniya
- Prof. Harshana Rambukwella, Open University Of Sri Lanka
- A.R.A. Ramees
- Y.R. Ranjan
- Sheila Richards
- Ahamed Rislan
- Yasmin Raji
- R. Rasmin
- Peter Rezel – Chartered Accountant
- Amna Rifky
- Thyagi Ruwanpathirana
- Afrah Sidiqi
- Vanie Simon
- Prof. Sivamohan Sumathy, University Of Peradeniya
- Prof. Gameela Samarasinghe, University Of Colombo.
- Sampath Samarakoon
- Rev. Selvanathan Selvan
- M.N Shamla
- Shaheed Sangani
- Ambika Satkunanathan
- S.Sivathasan
- Dr. Paikiasothy Saravanamuttu
- Dr. Seyed Sheriffdeen
- Sharmila Seyyid, Social Worker
- Revd. S .D .P. Selvan
- N.M. Saroor
- Joanne Senn
- Shreen Abdul Saroor
- Krishanthi Tharmaraj
- Mahendran Thiruvarangan, Lecturer (Probationary), University of Jaffna
- Dr. Minna Thaheer, Senior Researcher, Centre for Poverty Analysis
- Azkha Thariqshad
- Fathima Nusra Thameem
- Mathuri Thamilmaran – Attorney at Law
- Visakha Tillekeratne, Chief Commissioner, Sri Lanka Girl Guides Association
- Hafsa Uvais.
- Mass Usuf, Attorney-at-law
- S. Vinothan
- Kamala Vasuki
- Emil van der Poorten
- Stella Victor
- Piyumi Wattuhewa
- Shamara Wettimuny
- Lal Wijenayake, Attorney-at-law
- M. Wahid
- Varuni Weerasinghe
- Annouchka Wijesinghe
- Upul Kumara Wickramasinghe – Durham University
- Riza Yahiya, Architect
- Deshamanya Godfrey Yogarajah
- Fr. V. Yogeswaran
- S.A.C.M. Zuhyle
Organisations:
- Sisterhood Initiatives
- National Peace Council
- Northern Muslim Civil Society
- INFORM Human Rights Documentation Centre
- Rural Development Foundation
- International Institute for Research, Information and Action (IIRIA)
- Mannar Women’s Development Center
- Women’s Action Network
- Muslim Women Development Trust
- International Centre for Ethnic Studies (ICES)
- Centre for Policy Alternative
- Human Elevation Organization
- Islamic Women’s Association for Research and Empowerment
- Centre for Justice and Change, Trincomalee
- Centre for Human Rights and Development
- Eastern Social Development Foundation
- Law and Human Rights Center, Jaffna.