Freedom of assembly in post-war Sri Lanka
Sandya Ekneligoda, wife of missing journalist Prageeth Ekneligoda, center, speaks to reporters during a protest rally out side the parliament in Colombo, Sri Lanka, Thursday, Jan. 24, 2013. Relatives, colleagues and opposition activists staged a protest rally Thursday demanding that the Sri Lanka government hold proper investigation to find out what happened to Ekneligoda who went missing in January 2010. (AP Photo/Eranga Jayawardena, via Inquirer News)
The war in Sri Lanka ended on 18th May 2009. During three decades of war, civil liberties were severely curtailed, often in an arbitrary manner, without possibilities of challenging them or seeking remedies through independent bodies. The Ministry of Defense, the military and police reigned supreme. Even judicial discretion was curtailed, with the Prevention of Terrorism Act (PTA) compelling Judges to obey wishes of the Ministry of Defense and the police through the Attorney General’s department when it came to remanding people, bail etc. The PTA remains as a dreaded legal weapon in the hands of the government to use against it’s peaceful opponents. It was strengthened after the end of the war, incorporating provisions from the Emergency Regulations that were allowed to lapse. Asath Sally, a former Deputy Mayor of Colombo and former government politician, now a prominent critic of the government, was arrested and detained under the PTA.[1] It is widely believed that he was later released due to widespread domestic and international pressure.
The provisions of the PTA directly contradict key fundamental rights and freedoms guaranteed under the Constitution of Sri Lanka including the right to peaceful assembly protected under article 14(1) (b) of the Constitution. The right is also protected by article 21 of the International Covenant on Civil and Political Rights (ICCPR), which is part of Sri Lanka’s international human rights obligations. Suppression of fundamental rights and freedoms including the freedom of expression and freedom from torture during and after the end of the war has been well documented in Sri Lanka including in a recent article I wrote to mark World Press Freedom day[2].
It is pertinent to note that although the Sri Lankan constitution and the ICCPR allows restrictions to be placed on the right to freedom of peaceful assembly, any such restrictions must be proportionate to the need, time bound and very importantly, be in conformity with the law and be subject to review by independent bodies such as the judiciary. Restrictions must remain the exception, unlike what Sri Lanka has seen for 30 years.
Through three decades, of war, peace talks, ceasefires and even after the war, freedom of peaceful assembly and other rights and freedoms have been severely curtailed by the Sri Lankan state. It is important to note that the right to freedom of assembly is intricately linked to the enjoyment of other fundamental freedoms such as freedom of expression, freedom of association, freedom of movement etc. For example, restricting freedom of movement has been an effective way of restricting freedom of assembly and restricting freedom of assembly has been used as a means of restricting freedom of expression in Sri Lanka.
The annual government crackdown on small, peaceful, cultural and religious events to commemorate the end of the war by the Tamils in the North is amongst the indicators that the end of the war was not going to herald freedom of peaceful assembly. Families and friends of those killed and disappeared have had their freedom to assemble peacefully to mourn, grieve and observe cultural and religious rituals taken away from them, rejecting the government’s own reconciliation commission which recommended a national event to remember all the victims of war.[3]
Four years after the war, freedom of peaceful assembly remains a distant dream for Sri Lankans who are not supporters of the government. But freedom of assembly – peaceful and violent – is there for those who are supporters of the government and those supported by the government.
The Northern part of the country seems to be the worst affected in terms of suppression of the right to peaceful assembly. But incidents of suppression – including the suppression and attacks on mass protests by political parties, student groups, trade unions and civil society, as well as other peaceful events deemed anti – government have also been reported from the capital, Colombo, and other Southern and Central parts of the island. Police have arrested and dispersed peaceful protesters, sometimes violently and stood by watching when violent mobs attacked peaceful protestors including lawyers, religious clergy and students.[4] People have been stopped from attending gatherings;[5] and police have sought and obtained court orders to prevent or limit peaceful rallies and marches from taking place.[6] Police permission is sometimes outright refused for some peaceful protests.[7] Many protests and events which are deemed anti-government are subjected to surveillance by the state’s intelligence services.[8]Organizers and participants at peaceful events and protests have also been attacked before and after the events, by those alleged to be government groups and supporters.[9]
In the North and in the South, police and military have tried to block funerals that are considered to paint a negative image of the government, such as when political prisoners and opposition party supporters have were killed. They have ended up as “guarded” funerals under heavy military / police guard and surveillance.[10]A crying and angry mother was compelled to wait for weeks, and go to the Supreme Court, simply to bring the dead body of her son (who was killed in custody of the authorities) home for the last time and have the funeral rites in their own hometown.
Significant cases since May 2012 in the North and East
