• Int’l report on SL’s civic space finds obstruction due to FR violations, the State targeting of civil society groups/activists and oppression, the abuse/misuse of laws, and impunity 

The civic space in Sri Lanka remains in an extremely concerning state, as citizens’ fundamental rights (FR) are being violated, civil society groups and activists are being targeted by the authorities, and State backed acts amounting to oppression are prevalent. To make matters worse, impunity remains an influential factor in many of these cases.

The state of the civic space in Sri Lanka, including the factors that adversely impact it, was recently analysed by an international alliance dedicated to strengthening citizen action and the civil society named CIVICUS, in its latest country report on Sri Lanka issued last week. As per the latest report issued by the CIVICUS Monitor (a research tool that provides close to real time data on the state of the civil society and civic freedoms in 197 countries), as was the case last year, the state of civic space in Sri Lanka remains rated as “obstructed”. It noted civic space as the respect in policy and practice for the freedoms of peaceful assembly, association, and expression which are underpinned by the State’s duty to protect the civil society.

A state with an ‘obstructed’ civic space

Among previous concerns related to fundamental freedoms noted by the report were the targeting of civil society groups, human rights defenders, journalists, and the families of victims of past violations. It noted that the Government has used the draconian Prevention of Terrorism (Temporary Provisions) Act (PTA) and the International Covenant on Civil and Political Rights Act to silence dissent, while there has also been impunity for crackdowns on mass anti-Government protests including arbitrary arrests, judicial harassment, and the excessive use of force. “More than a year after President Ranil Wickremesinghe took power, restrictions on protests have persisted, the Government has continued to pursue abusive policies against minorities, and those seeking justice for past crimes continue to be targeted.”

The CIVICUS report highlighted the reports issued by the United Nations (UN) High Commissioner for Human Rights and by the international human rights monitor, the Human Rights Watch (HRW) on the situation of human rights in Sri Lanka. Stressing that as per the UN report, Sri Lanka suffers from a “continuing accountability deficit – be it for war crime atrocities, more recent human rights violations, corruption, or the abuse of power”, the CIVICUS report highlighted that the HRW report had pointed out concerns pertaining to the proposed truth and reconciliation commission as well as issues in serving justice for victims of past violations. “In recent months, there have been concerns around proposed legislation that could be used to stifle expression as well as restrictions and attacks against journalists. The UN documented surveillance, the intimidation of and threats to the civil society, while a revised version of an Anti-Terror Bill still puts rights at risk. There have been continued reports of excessive force, intimidation and restrictions against protesters,” the CIVICUS report added, pointing out a number of recent developments that have placed the state of freedoms and rights, including those guaranteed by the Constitution, at risk. Notably, it further pointed out that many of them had some connection to the Government and/or the authorities, including law enforcement officials, led by the Government.

The freedom of expression

With regard to the state of freedom of expression in the country, the report expressed concerns regarding legislation which it said could be used to stifle expression by the authorities. These concerns pertained to two pieces of proposed Legislation, i.e. the Online Safety Bill and the draft Bill on the establishment of a Broadcasting Regulatory Commission. With regard to the Online Safety Bill that was tabled in the Parliament on 3 October, which the report said was intended to drastically regulate the content of online communications, including by the general public, it was noted: “The Bill would establish an ‘Online Safety Commission’ that would act to, prohibit online communications of certain statements of fact; prevent the use of online accounts and inauthentic online accounts for prohibited purposes; make provisions to identify and declare online locations used for prohibited purposes in Sri Lanka; and to suppress the financing and other support of the communication of false statements as well as other unspecified provisions.” The Bill has attracted criticism from a number of domestic and international parties, including the Bar Association of Sri Lanka (BASL) and the International Commission of Jurists. Among their concerns, which were highlighted in the report were the likelihood of certain provisions of the Bill serving to undermine the exercise of human rights and fundamental freedoms in the country, including the freedom of information and expression. Of particular concern are provisions related to the setting up, appointment, and functioning of an Online Safety Commission and other experts, the vague and overbroad wording of conduct designated as punishable offences and unnecessary and disproportionate punitive sanctions. Also highlighted was the BASL’s demand for the immediate withdrawal of the Bill and for the adoption of a process of meaningful consultations with all relevant stakeholders prior to gazetting Bills which “have a serious impact on the community at large.”

Restrictions and attacks against journalists were another concern, as there have been continued reports of restrictions, harassment, and attacks against journalists including for their reporting. The case of journalist and activist Tharindu Uduwaragedara, who was arrested while he was covering a protest in Colombo and was assaulted during detention, was pointed out by the report. An incident faced by two journalists, i.e., Balanathan Sathees and Vijayaratnam Saravanan, who were conducting interviews during the excavation of a mass grave in Kokkuthoduvai on 8 September, was also highlighted, as the Police had informed the two journalists that they were not allowed to be at the site and had tried to forcibly remove them. In addition, the report described that photo journalist Elke Scholiers had reported being restricted from visiting the Iranaithivu island by the Navy and military despite having obtained permission.

The freedom of association

With regard to the freedom of association, the report pointed out the surveillance and intimidation, and threats to civil society.

This is in a context where the UN High Commissioner for Human Rights had stated in his September report that his office continued to receive reports of the surveillance, intimidation, and harassment of human rights defenders, activists, and persons involved in commemoration initiatives, by intelligence services, the military and the Police or by unidentified individuals affiliated with former paramilitaries. “Family members of the disappeared in the Eastern and Northern Provinces continued to receive Police visits with summonses or restraining orders ahead of emblematic dates, preventing them from organising or participating in protests, rallies or commemoration events. Reportedly, summonses were delivered during the late evening hours or with excessive Police presence, adding an element of harassment and dissuasion”.

In addition, Tamil activist Balraj Rajkumar facing prolonged questioning for his activism by the Counter-Terrorism Investigation Division of the Eastern Province, was underscored in the report.

Another major concern regarding the freedom of association was the revised version of the Anti-Terror Bill, which would repeal and replace the PTA, which the report said still puts rights at risk. Stating that the Government has used the PTA to target and harass minorities, activists, journalists, and critical voices, the report explained that the Bill does not provide many changes that are necessary to prevent the recurrence of harassments committed through the PTA. In addition, the draft Law is silent on compensation and redress mechanisms for those affected by the abuse and misuse of the Law, the report added.

The recent incident of Mullaitivu District Judge T. Saravanarajah resigning and fleeing the country reportedly due to undue influence, including threats to life, was also discussed in the report, which explained the circumstance in which he decided to resign from the post.

The freedom of peaceful assembly

The use of excessive force, intimidation, and restrictions against protesters was another key topic discussed in the report. 

Some examples underscored in the report in this regard pertained to such acts against activists who lit oil lamps in Colombo commemorating those who died in the 1983 anti-Tamil riots, members of a students’ union of the University of Peradeniya, and Tamil livestock farmers who took to the streets against the ongoing land grabs. While the perpetrator in the first case was an extremist Sinhala nationalist outfit, in the second and third cases, it was the Police.