HRCSL finds Trinco exam results withheld over hijab violated fundamental rights

The Human Rights Commission of Sri Lanka (HRCSL) has concluded that the withholding of GCE Advanced Level examination results of Muslim candidates in Trincomalee over their wearing of hijab amounted to a violation of their fundamental rights. The case relates to an examination held in January 2024 at St Joseph College National School, Trincomalee, where results released on 31 May 2024 were later withheld by the Department of Examinations. The decision was based on an alleged breach of an examination rule requiring candidates’ ears to remain visible during exams to prevent the use of electronic devices. It is alleged that an external examination official reported the matter, prompting the Department’s action. The Commission found that the candidates were singled out, treated unequally, and subjected to stigma based solely on their religious identity, and were deprived of a basic educational qualification. It held that this violated their dignity and their constitutional rights to equality before the law and equal protection of the law. According to the inquiry, candidates had removed tight-fitting head coverings that concealed their ears during the examination and wore loose shawls that allowed visibility. Witnesses, including supervisors and invigilators at St Joseph College National School, Trincomalee, stated that no complaints or rule violations were recorded during the examination process. The Deputy Zonal Director of the Mutur Zonal Education Office also confirmed that no incidents involving the candidates were entered in official records during the examination period. However, testimony from the examination centre indicated that an external official, identified as “Herath”, allegedly instructed that head coverings be removed and is said to have told some candidates they would not receive results due to their attire, causing distress. The Commission noted that the Department of Examinations’ report was not supported by key documents cited in its findings, and that witness statements contradicted claims of examination rule violations. HRCSL further ruled that withholding examination results amounted to an unlawful restriction on the freedom to manifest religion or belief and was inconsistent with international human rights standards and the state’s constitutional obligations to ensure equal access to education. It added that the decision was not in the best interests of the candidates, given its impact on their higher education and employment prospects. Issuing recommendations under Sections 15(3)(c) and 15(4) of the HRCSL Act, the Commission called for a full and impartial inquiry into how the alleged violation finding was made by an external official and whether any misrepresentation or bad faith was involved, with disciplinary action if necessary. It also recommended that the Department of Examinations issue clear guidelines clarifying that examination rules should not be interpreted in a manner that restricts students from manifesting their religion or belief, and that religious attire adapted to ensure visibility of candidates’ ears should be considered acceptable. Further, the Commission urged a review of invigilation arrangements to ensure adequate deployment of female invigilators, including Tamil-speaking staff, at examination centres in the future. (Newswire)