Enemy At The Gates; Targeting Freedom Of Expression

 By Chandra Kumarage - July 10, 2014

Chandra Kumarage

“It is clear that the freedom of expression and opinion is a fundamental right, the mother of all rights.” – Abid Hussain, UN Special Rapporteur on the Freedom of Information, Speech in Sri Lanka, 1999.

A notice has been issued by one D.M.S, Dissanayake as the director/registrar of the NGO Secretariat in a letterhead of the Ministry of Defence and Urban Development warning the NOGs that they are acting beyond their mandates by conducting press conferences and workshops, training journalists and disseminating press releases. It can be inferred without any doubt that this warning has been issued at the instance of the Defence Secretary himself and being fully aware that there are no such mandates issued on NGOs by any law. Mandates are directed against the State by the Constitution to protect the fundamental rights of the people in Sri Lanka and civil society organizations formed by them.

The NGOs or non-governmental organizations which are civil society bodies are bound by their constitutions, articles of association and agreements. They have been recognized as actors in international relations. The NGO Secretariat which is under the Ministry of Defence and Urban Development in its Legal Authority provisions, section 10 provides , ‘Where in respect of a voluntary organization registered under this Act, any allegation of fraud or misappropriation is made by any person, the Minister may refer such matter to a board of inquiry by a panel appointed by him and when such board after an inquiry reports its findings to the Minister(section14) he can take appropriate action on the findings of the report. If the report reveals any misappropriation or fraud, criminal proceedings can be instituted against the culpable individuals holding office in such NGOs. Such a procedure could be taken even under the ordinary criminal procedure of Sri Lanka. Once, during the Chandrika Bandaranaike regime, an investigation was initiated against President Rajapaksatoo in respect of activities of an NGO named ‘Helping Hambantota’ in which he was an office bearer. But the then Chief Justice Sarath Silva prevented the continuance of the investigation on an application made on behalf of MR.                         Read More