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| The Press Freedom watch dog of Sri Lanka |
Press
release/01.11.2013
Open
appeal to CHOGM: Ensure that the Commonwealth values on Freedom of Expression
respected in Sri
Lanka; Ensure unhindered access to media
The Free Media
Movement of Sri Lanka makes these open appeals the Commonwealth Heads of
Government Meeting (CHOGM) to be held in Sri
Lanka next month in the hope that the meeting will be an
opportunity to re emphasis importance the democratic governance and human rights
including the freedom of expression rights in Sri
Lanka.
The FMM makes this
appeal in the sprit of the core values and principles of the Commonwealth
Charter of 2002 which reaffirms its commitment to freedom of expression rights.
V. FREEDOM OF
EXPRESSION
We (the
Commonwealth) are committed
to peaceful, open dialogue and the free flow of information, including through a
free and responsible media, and to enhancing democratic traditions and
strengthening democratic processes.[i]
Thus the FMM
earnestly hope that delegates representing democratic traditions will raise the
issue of freedom of expression rights in Sri
Lanka in the appropriate forums and discussions
during upcoming Commonwealth Heads of Government Meeting.
Freedom of
expression rights in Sri
Lanka suffered immensely during the last phase
of the war, i.e., during the 2005-2009 period. At least thirty four journalists
and media workers were killed; hundreds of them were abducted, assaulted and
intimidated; media institutions were sent on fire and editors threatened.
Nearly 100 journalists had to flee the country for safety.
As the organisation
that documented almost all these cases the Free Media Movement it self has been
at the receiving end in the those suppressive years. Not a single case of
murder, abduction or assault has been investigated to a completion and even
after 4 years since the war's end perpetrators remain at large.
Impunity has
replaced the rule of law with regards to the attacks of journalists and media.
Although four years has passed since the end of the war in May 2019 people in
Sri
Lanka is yet to enjoy their inalienable right
to freedom of expression.
Statements made by
the United Nations High Commissioner Madam Navi Pillay after her fact finding
mission to Sri Lanka form 25th August to 30th August 2013
amply describes the prevailing intolerance and intimidation of dissenting voices
including the critical media and journalists. [ii]
In this regard the
FMM would like to focus on the conclusions and recommendations of the
Commonwealth election Observer missions that visited Sri
Lanka in recent years. The FMM believe that the
CHOGM has moral responsibility to persuade the Government of Sri Lanka and its
president who will be the Commonwealth
Chairperson-in-Office
for
next two years to fully implement these recommendations.
Report of
the Commonwealth Expert Team
SRI
LANKA PRESIDENTIAL
ELECTION, 26 January 2010
The media play a
central part, for good or evil, in the democratic or undemocratic nature of each
country's development and reputation. Consequently, no time is more crucial for
making an assessment of any country's media than in the period leading up to an
election.
However, media
freedoms have been particularly affected by the Emergency Regulations [see
Chapter 3]. The Regulations have established broad criminal offences, including
the spreading of rumours or false statements likely to cause public alarm or
public disorder and other offences aimed at limiting the communication and
possession of information “prejudicial to national security.” The effect of
these Regulations has been to discourage journalists from investigating
allegations of war crimes by the Sri Lankan military, encourage self-censorship,
and drive a number of journalists into exile following threats and harassment
directed at them and their families.
(Some of the
emergency regulations were repealed in September 2011 but the draconian Prevention of Terrorism Act still in force[iii] which has been used to
suppress freedom of expression rights – FMM)
Even after the
completion of the military campaign against the LTTE in May 2009, this
environment of intimidation of journalists has continued. Self-censorship is
believed to be common among journalists: investigative journalism has been a
particular victim of this intimidatory
atmosphere
.
''…. It was
stated to the Expert Team that political pressures could also be brought to bear
on media proprietors to discourage publication or halt the broadcast of a story
deemed sensitive. Privately-owned newspapers in many cases have taken an
editorial view tending towards one party or another. The level of this imbalance
is nowhere approaching that of the state media which has operated a virtual
black-out of any mention of any opposition party unless the item consists of
adverse coverage.
5. The
democratisation of public media would be greatly strengthened by the transfer of
state-run radio and television to a non-political statutory body. This removal
of state control would address the very substantial imbalance noted in this
report.
6. The
introduction of an independent media association or council made up entirely of
professionals from both private media and the new statutory body responsible for
public media. … It would also facilitate a clear balance by the public media in
the interests of all citizens and a reasonable measure of balance by the private
sector regardless of each media house's editorial political
preference. [iv]
Commonwealth
Observer Mission
Sri
Lanka’s
Northern Provincial Council Elections 2013: Preliminary
Findings
23
September 2013
(The
full report with recommendations has not been released to the public yet -
FMM)
The
media environment appeared constricted. It was reported to us that several media
outlets were self-censoring when it came to in-depth or sensitive reporting on
the elections. The mission noted that in the run up to the elections and on
Election Day, important online and electronic media sources were
inaccessible.
·
The
fundamental freedoms of association and assembly were constrained in the
pre-electoral period.[v]
The both missions
emphasised the importance of re-establishing democratic check and balances
envisaged in the 17th amendment to the constitution.
The 2010 mission
reported that ''the failure of
the Government to implement the Seventeenth Amendment to the Constitution has
had many negative consequences for the rule of law and the credibility of key
institutions. . A mechanism needs to be found to prevent the widespread abuse of
state resources during election campaigns. The implementation of the Seventeenth
Amendment may help in this regard,
..''
But by the
time of second Commonwealth election observer mission arrived in Sri
Lanka the 17th amendment had been
replaced with 18th amendment which empowers the executive president
to appoint all such independent
(!) institutions. In its paramilitary report the Mission said that '' The 18th
Amendment to the Constitution, enacted in 2010, undermined the constitutional
and legal framework for a credible and competitive election. In particular, the
provision for an independent Electoral Commission has been negated. There was
inadequate enforcement of existing laws that provide for a level playing field
for all candidates, such as the use of state resources in electoral
campaigns.''
As the
re-establishing the freedom of expression rights and democratic checks and
balances in Sri
Lanka are of utmost importance and
complementary to each other the Free Media Movement calls on the CHOGM to at
least re emphasis the conclusions and recommendations of its own elections
observer mission of 2010 and 2013.
At the same time the
FMM calls on the Sri
Lanka government to make all necessary
arrangements for Media to cover the CHOGM and provide unhindered access to
media.
Sunil Jayasekara –
Convener
Kumara Alagiyawanna - Secretary
[ii] My immediate concern for the protection of human rights defenders, journalists and communities I met during my visit from any reprisal, intimidation or attack - Navi Pillay ; In relation to freedom of expression, the High Commissioner heard complaints about the continuing high levels of harassment and intimidation meted out to human rights defenders, lawyers and journalists. She raised several emblematic cases with the Government, but did not receive any satisfactory responses. http://www.srilankabrief.org/2013/09/oral-report-to-unhrc-pillay-sets.html;
[iv] Report of
the Commonwealth Expert Team, Sri Lanka Presidential Election, 26 January 2010
http://reliefweb.int/sites/reliefweb.int/files/resources/96C7C3124913DE58852576CB0064E67B-Full_Report.pdf
