09 November 2012
“The Government should ensure
the freedom of movement of media personnel in the North and East, as it would
help in the exchange of information contributing to reconciliation” (Lessons
Learnt and Reconciliation Commission, recommendation 9.115-d)
A
key recommendation of the Lessons Learned and Reconciliation Commission (LLRC),
a commission appointed by the President and lauded as the domestic mechanism for
reconciliation and accountability, has yet to see the light of day. Free
movement of media personnel in the North and East continue be restricted by the
Government.
In
mid-October, a TV crew of a local station travelled to the Mullaitivu District,
in Northern Sri Lanka to do a story on people who had left the Menik Farm IDP
camp immediately preceding its closure in September 2012.
Before
meeting with the IDPs, the TV crew met with the Government Agent (GA) of the
Mullaitivu District, who told them they could film the resettlement and
relocation areas, and in fact encouraged them to give the story maximum coverage
which he hoped, would negate the misrepresentation of facts. Taking into
consideration previous restrictions imposed by the military on journalists who
had visited the area,[i] the
team requested the GA to provide them with written permission to visit
Seeniyamottai (people whose land has been occupied by the military have been
relocated to Seeniyamottai)[ii].
The GA informed the crew that because there were no restrictions on journalists
visiting the areas concerned, there was no need to obtain written
approval.
When
the crew reached Seeniyamottai however they faced a different reality. The crew
came upon a group of men digging a well and since they indicated their
willingness to be filmed and interviewed the crew began filming. As they began
filming an Army officer approached them, asked them where they were from, and
although he didn’t ask them for any identification he informed them that without
prior permission from the Security Forces (SF) Commander they were not allowed
to film there. The crew informed him that the GA had informed them that they
could film without restriction any civilian resettlement and relocation area,
specifically Senniyamottai. The Army officer insisted that they could not
without the permission of the SF Commander.
The
Army officer refused to provide the crew with his name, rank or phone number,
and simply introduced himself as the Officer in Charge (OIC) of the camp. The
crew called the GA who reiterated that they could continue filming, and asked
them to meet with the village leader or Grama Niladhari (GN), who would
facilitate their work. The GN, who had been instructed by the GA, also confirmed
that they could continue filming. However another Army officer who questioned
them in a more aggressive manner informed them that he had orders to remove them
from the camp. Additionally, the residents of the camp informed the crew that
the officers had questioned them (the residents) about why the crew was there,
and had asked the residents to instruct the crew to leave the camp. When the
crew informed the officer that they had obtained the approval of the GA before
filming, they were informed that it was only the SF Commander and not the GA who
could provide an approval. When the officer was questioned about whether a
military commander could overrule the GA concerning a civilian activity in a
civilian space, he informed them that the SF commander had the final say. When
the officer was asked about the laws under which these restrictions were being
imposed, he could not say what these laws were, but did state that he was merely
following orders.
The
GN was helpless despite the clear orders he had received from the GA. Because
the crew believed that they were about to be physically removed from the area,
they decided to seek the approval of the SF Commander. The crew proceeded to the
closest Army camp and were asked to wait until they were given the authorisation
but were not allowed to meet any officer in person who could provide the
authorisation. After they waited for a while the Military Police officer who
spoke to them at the camp confirmed that they could proceed with their filming.
When they returned to the camp however the Officer they had spoken to previously
indicated that he had not been informed that permission had been granted and so
they could not continue filming. The Officer and the Military Police officer
spoke with each other but neither could identify the senior officer who had
given the authorization nor taken it away. The crew then returned to main
entrance of the Army Camp where the SF Commander was based, but were told that
the SF Commander and all other senior officers were away so there was no one who
could give them the necessary permission. Since the crew had wasted several
hours trying to obtain permission they left the area and proceeded to their next
destination.
In
Puthukdiriyippu East, the crew encountered residents who had been recently
resettled, who were eager to talk and tell their stories. A little while after
the crew began filming, two Army officers approached and told the crew that they
were not permitted to film in the area. Although the crew informed the officers
that they had obtained the approval of the GA, the officer informed them that he
was following orders. Realising the futility of the exchange they left the area
and proceeded to Mullaitivu via Mullivaikkal. Even when the crew were taking
pictures of things that tourists from the South of the country, were capturing
on their cameras, Army officers would appear out of nowhere and ask them to stop
filming. One told them they could use their mobile phones to capture the scenes
but not their video cameras.
The
crew was also being followed by men on bicycles. As the crew was travelling in
Mullivaikkal, although there was no established check-point the crew was stopped
by a group of Army officers. The soldiers questioned the crew in an aggressive
manner, but didn’t ask them who they were, which infers that the soldiers knew
exactly who they were, because their movements were being monitored. One soldier
radioed in the message in Sinhala “they are here, and they say they are going to
Mullaitivu.” The person on the other end apparently cleared the crew to continue
on their journey.
The
crew then proceeded on to Puthukudiyiruppu West, where they spoke to a family
whose resettlement had been delayed because the Army was occupying their land.
Even when the crew visited, the Army was still occupying part of the land and
quickly emerged to keep a watchful eye on the crew. Although they didn’t prevent
the crew from filming they made their presence felt and questioned them about
who they were, where they came from and whether there were there any foreigners
on the team.
The
crew decided that they would interview one more family, but they started
receiving desperate phone calls from people they had interviewed before, saying
that officers from the military and the Criminal Investigation Department (CID)
were questioning them about who the crew were. The people had been asked whether
they had known the crew before, what they had told the crew, and they (CID and
military) had asked the people for the crew’s contact information. The crew
decided to suspend their interviews and filming because they feared for their
own safety as well as the safety of all the people they had interviewed. They
didn’t want to put anyone’s lives in danger, but decided to return to
Seeniyamottai.
While
the crew was in Mullaitivu and Puthukudiyiruppu, a colleague in Colombo had
contacted the Army Media Spokesperson, who had also stated that the crew was
free to conduct interviews and film in Seeniyamottai. The crew was asked to
contact Col. Wanasinghe at the 59th Division,
who informed them on the phone that there were no restrictions, and that he
would inform the appropriate people and call them back. That call never came and
the crew was not able to contact him when they tried to call him. The crew
decided to return to the 59th Division
Headquarters in Seeniyamottai in order to attempt to meet Col. Wanasinghe in
person. The crew was told that he was away and could not be contacted. After
being sent from pillar
to post they abandoned the idea of filming in Seeniyamottai.
The
crew’s experience is not isolated. Others who attempted to interview IDPs were
subjected to intense surveillance[iii] and
at least three well known journalists (one foreign and two local) had reportedly
been prevented from visiting the same IDP camp and were threatened, intimidated
and subjected to surveillance.[iv]
Conclusion
and recommendations
The
IFJ has serious concerns regarding the restrictions on media and journalists
from having unfettered access to IDPs and those who have been resettled. It is
essential that a free exchange of information is fostered in the North and East
of the country to ensure that the needs and rights of the people are being
fulfilled.
The
IFJ calls upon the Sri Lankan Government to uphold the rule of law and ensure
that freedom of expression and the right to information are
protected.
The
IFJ recommends:
-
The demilitarization and return to civilian administration of former conflict
areas.
-
Greater transparency and accountability in the resettlement process.
-
Full access to media personnel to all civilian areas in the North.
-
Make public any restrictions on media personnel from having free access to the
North of the country and the legal basis for these
restrictions.
The Catholic Bishop’s Conference of Sri Lanka (CBCSL) yesterday expressed grave concern over the threat to the independent and fair functioning of the Judiciary.
The Catholic Bishop’s Conference of Sri Lanka (CBCSL) yesterday expressed grave concern over the threat to the independent and fair functioning of the Judiciary.
November 10, 2012
