Introduction[1]
Since the end of the civil war in 2009,
Sri Lankan journalists and media workers have been subject to a campaign of
intimidation and violence,[2]
resulting in an oppressive environment of de facto censorship. Individual
journalists, who speak out on issues such as national politics, corruption,
human rights, or the civil war and its aftermath, are subject to intimidation
and vilification. Some of them have been publicly branded as having links to a
‘terrorist’ organization.
At the same time, the Government of Sri Lanka has
engaged in sustained harassment and intimidation of media outlets and workers,[3]
while the Committee to Protect Journalists lists Sri Lanka sixth on the list of
countries from which journalists are forced to flee.[4]
These actions have serious implications with respect to the freedom of
expression rights. This submission highlights that, despite longstanding
attention from the international community, the Government of Sri Lanka has
failed to undertake any effective actions to ensure media freedom and to protect journalists /media workers. Given
the centrality of the right to freedom of expression to the protection of all
human rights, this issue demands the urgent attention of the Human Rights
Council.
Freedom of expression is an inalienable
fundamental right , which includes the freedom to seek, receive and impart
information through any media of choice.[5]
An important guarantee for media workers, the UN Commission on Human Rights has
also recognised the right “stressing the need to ensure greater protection for
all media professionals and for journalistic sources.[6]”
States are subject to an active responsibility to prevent attacks against
journalists, through legislation protecting the freedom of expression, whilst
effectively investigating and prosecuting crimes that breach this freedom.[7]
Attacks and
Obstacles in the North
The focal point and culmination of the
civil war occurred in the North of Sri Lanka, and ongoing violent attacks in
this region continue to remind the Sri Lankan and international community of
the unresolved tensions of the conflict.[8]
International organisations have regularly reported issued reports with titles
such as “Jaffna’s Media in the Grip of Terror”[9],
yet regular violent attacks on journalists, students and politically active
Tamils continue.[10] Attacks
on the Uthayan, Jaffna’s leading newspaper, demonstrate this continuing
problem; Uthayan’s editor was hospitalized by armed attackers in late-2012,[11]
and attacks upon Uthayan journalists have continued in recent months,[12]
up-to the time of submission.[13]
Restrictions on
Access to Media Outlets
Violence does not constitute the only
obstacle with respect to freedom of expression rights. In November 2011, the
government blocked six news and media websites for allegedly portraying the
president and top government officials disreputably.[14]
On June 29, Colombo city police raided the
offices of two news websites, SriLanka-X-News and SriLanka Mirror, took into custody all the staff present and
impounded all their equipment. All media
workers present were detained within the locked premises for three hours and
questioned by the police, following which they were taken away to the
headquarters of the Crime Investigation Department (CID). Computers and other
equipment were confiscated from the premises of the news websites.[15]
The day that the website offices were
raided by police, Shantha Wijesooriya, a journalist working with
SriLanka-X-News approached by a group of
toughs with evident intent to kidnap
him..Wijesooriya managed to evade his intending captors and run to safety and
lef the country soon after.[16]
The challenges for Sri Lankan media
reporting in such circumstances have been recognized internationally, with
calls on the authorities to “heed the voice of the world and remove all
restrictions that they have imposed on the media through legislation and
ordinances.”[17] Still number of news websites remained blocked to-date. [18]
Attacks on
Journalists
Following the end of the civil war in
2009, Sri Lanka accounted for more than a quarter of the worldwide total of
journalists who fled their countries because of harassment and (threats of)
violence and/or imprisonment.[19]
According to the Lessons Learnt and Reconciliation Commission’s 2011 Report,
there is a “persistent pattern of attacks and obstacles placed on journalists
and media institutions”[20]
in Sri Lanka. During the civil war, the Government imposed a blackout on media
coverage of the war effort while restricting independent and foreign news
agencies’ access to conflict zones..[21]
In the aftermath of the civil war, these
policies and practices remain in place. Frederica Jansz, former editor of The
Sunday Leader, states that since the end of the civil war, ‘the level of
intimidation, the harassment has continued, they have continued to call
journalists traitors. Lawyers appearing for me, and The Sunday Leader, were
terrified, or called terrorists and traitors.”[22]
In 2012, human rights organisations made
written submissions to the Human Rights Council, calling for Sri Lanka to end
attacks, threats and harassments against human rights defenders.[23]
This submission followed recommendation 39 of the 2008 Universal Periodic
Review of Sri Lanka: “to take measures to safeguard freedom of expression and
protect human rights defenders, and effectively investigate allegation of
attack on journalists, media personnel and human rights defenders, and
prosecute those responsible.” As continued attacks illustrate, no action has
been taken to protect those who are critical of the Government, or to prosecute
those responsible for criminal acts.
Instances of self-censorship have
increased, leading to the preclusion of critical reportage on post-civil war
cases of corruption, governance issues, and human rights violations.[24]
Some media workers, including Jansz, have been forced into exile and today Sri
Lanka is listed as one of the most dangerous places in the world for media
workers.[25]
We are particularly concerned that human
rights defenders and journalists who supported a Human Rights Council’s
Resolution before its March 2012 session were identified and branded as
terrorist-sympathizers and “traitors” on state media.[26]
The Prevention of Terrorism Act (PTA) was
given new powers in 2011 that allowed journalists to be convicted and
imprisoned for a maximum period of thirty days without any judicial process.[27]
Impunity
The Government of Sri Lanka has yet to
address is its own failure to effectively investigate violent attacks and
killings of journalists and media workers.[28]
Since 1992, 19 journalists have been killed, with nine being murdered in the
era since then Prime-Minister, now President Rajapaksa came to power in 2004.[29]
The Government has failed to prosecute any suspects with respect to these
nineteen killings. Highlighting the atmosphere of intimidation and impunity, it
is noted that officials have publically threatened their critics with violence,[30]
and sixty percent of recorded victims were known to have received threats
before they were killed.[31]
The pervasive climate of impunity has led
the Committee to Protect Journalists to rank Sri Lanka fourth in its annual
Impunity Index.[32]
The Lessons Learnt and Reconciliation Commission (LLRC) note that failure to
bring the “perpetrators to justice” does little credit to the Sri Lankan
Government and “undermine[s] the process of reconciliation and the Rule of
Law”.
In late 2012, the editor of a Jaffna-based
newspaper was brutally beaten was brutally beaten in late 2012 after his
newspaper attempted to cover tthe military intrusion in to the Jaffna University. [33] Peaceful student protests and boycotts
following the incident were met with military attacks.[34]
Administrative detention is a tool routinely used by law enforcement
against those the government believes may be security threats, including
journalists,[35]
many of whom have been detained without charge for significant lengths of time.[36]
Although
the government of Sri Lanka accepted UPR recommendation 18 to “increase its
efforts to prevent cases of kidnapping, forced disappearances, and
extrajudicial killings”, the subsequent
Freedom of Information Bill could not be passed in the parliament as a result
of its dissolution in 2004, and so
legislation has yet to fully develop to support and protect journalist in their
work.
Concluding
Remarks
The killing of 19 journalists since 1992
has been met with total impunity.[37] Since 2001, at least twenty-five journalists
have fled Sri Lanka to live in exile.[38]
The implications with respect to freedom of expression – “the core of the Covenant and the touchstone for all
other rights guaranteed therein”[39] – are self-evident. It is essential that the Human Rights
Council take specific action to protect Sri Lankan journalists and media
workers, and to ensure the Government of Sri Lanka’s compliance with its
obligations under international human rights law.
[1] The
Human Rights Centre Clinic at the University of Essex undertook research and
analysis in preparation of this submission.
[2]Human
Rights Watch, ‘Sri Lanka: Halt Harassment of Media’ (3rd
July 2012) [http://www.hrw.org/news/2012/07/03/sri-lanka-halt-harassment-media]
[3]
Aljazeera Listening Post Interview with Frederica Jansz, [15th
January 2013]
[http://www.aljazeera.com/programmes/listeningpost/2013/01/201311512210128360.html]
See further below.
[4] Committee to Protect Journalists, ‘463 Journalists forced into exile
since 2007’ [http://cpj.org/exile/]
[5]
International Covenant on Civil Political Rights, Article 19(2); See also Human
Rights Committee, General Comments 34 and 10.
[6] ‘The
right to freedom of opinion and expression’ Human Rights Resolution 2005/38,
E/CN.4/2005/L.10/Add. 11, 19th April 2005
[7]
UNESCO, Operationalizing the UN Plan of
Action on the Safety of Journalists and the Issue of Impunity at the Country
Level, para 5.6-5.11 (2012-2013)
[8] Sri
Lanka Brief, ‘Jaffna: 25 complaints on students’ arrests under PTA, Canada and
Norway express concern’ (14th December 2012)
[http://www.srilankabrief.org/2012/12/jaffna-25-complaints-on-students.html]
Online Uthayan, ‘Tension in Jaffna concerning the
attack against students. Norway ambassador disappointed’
[9]
Reporters Without Borders, “Jaffna’s Media in the Grip of Terror”, 24th
August 2007 Press Release
[http://en.rsf.org/spip.php?page=article&id_article=23380]
[10]
Crisis Group Asia Report No 219 ‘Sri Lanka’s North I: Denial of Minority
Rights’ (16th March 2012) pp13
[11] BBC,
‘Sri Lanka’s Jaffna sees clashes over Tamil rebel remembrance’ (28th
November 2012) [http://www.bbc.co.uk/news/world-asia-20531233]
[12]
Jaffna University Science Teachers’ Association (JUSTA), ‘Uthayan journalist
allegedly assaulted while taking pictures’ (2nd December 2012)
[http://jfnusta.blogspot.co.uk/2012/12/uthayan-journalist-allegedly-assaulted.html]
[13] Sri
Lanka Brief, ‘Attacks on media escalates in Jaffna, newspapers burnt by alleged
SL military squad’ (7th February 2013) [http://www.srilankabrief.org/2013/02/attacks-on-media-escalate-in-jaffna.html]
[14]
Human Rights Watch, World Report Chapter:
Sri Lanka 2012, (January 2012)
[15]IFJ
Situation Report: Sri Lanka,
http://asiapacific.ifj.org/assets/docs/080/019/c8ddf50-b0e8d13.pdf
[16] i
bid
[17] Sri
Lanka Brief, ‘GoDL must remove all restrictions imposed on media – Jacob
Mathew, Global President of WAN-IFRA’ (26th November 2012)
[http://www.srilankabrief.org/2012/11/gosl-must-remove-all-restriction.html]
[18] IFJ
Situation Report: Sri Lanka, http://asiapacific.ifj.org/assets/docs/080/019/c8ddf50-b0e8d13.pdf
[19]
Committee to Protect Journalists , ‘Special Report: Journalists in Exile
2009’ Karen Philips(17th June
2009) [http://cpj.org/reports/2009/06/journalists-in-exile-2009.php#jump]
[20] 2011
Report of the Lessons Learnt and Reconciliation Commission, para 5.155
[21] Al
Jazeera: Listening Post ‘Frederica Jansz: Sri Lanka’s media crackdown’, (15th
January 2013)
http://www.aljazeera.com/programmes/listeningpost/2013/01/201311512210128360.htmlp
[22] Al
Jazeera: Listening Post ‘Frederica Jansz: Sri Lanka’s media crackdown’, (15th
January
2013)[http://www.aljazeera.com/programmes/listeningpost/2013/01/201311512210128360.html]
[23]
OHCHR, Universal Periodic Review – Sri Lanka
[http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRSriLankaStakeholderInfoS14.aspx]
[24] Sri
Lanka Guardian, ‘Ethics In Reporting And Sri Lankan Media Bias’, Pearl
Thevanayagam, (29th October 2010)
[http://www.srilankaguardian.org/2010/10/ethics-in-reporting-and-sri-lankan.html]
[25]
Committee to Protect Journalists, 2012
Impunity Index (17th April 2012)
[http://cpj.org/reports/2012/04/impunity-index-2012.php]
[26] Al
Jazeera: Listening Post ‘Frederica Jansz: Sri Lanka’s media crackdown’, (15th
January 2013)[http://www.aljazeera.com/programmes/listeningpost/2013/01/201311512210128360.html]
[27]
Amnesty International, Locked Away: Sri
Lanka’s Security Detainees, (2012)
[28] 2011
Report of the Lessons Learnt and Reconciliation Commission, para 5.155; Joint
Contribution on Sri Lanka to the 14th session of the Working Group
of the Universal Periodic Review, para10
[29]
Committee to Protect Reporters, Attacks
on the Press 2011, pp180
[30]
Reporters Without Borders, ‘President personally phones newspaper’s chairman to
threaten him’ (2nd August 2011) [http://en.rsf.org/sri-lanka-president-personally-phones-02-08-2011,40732.html];
The Economist ‘Gota explodes: Press freedom in Sri Lanka’ (11th July
2012) [http://www.economist.com/blogs/banyan/2012/07/press-freedom-sri-lanka];
‘Gota Goes Beserk’ by Frederica Jansz, The Sunday Leader (8th July
2012) [http://www.thesundayleader.lk/2012/07/08/gota-goes-berserk/]
[31]
Committee to Protect Journalists, ‘19 Journalists Killed in Sri Lanka since
1992/Motive Confirmed’, [http://cpj.org/killed/asia/sri-lanka/]
[32]‘
Committee to Protect Journalists 2012 Impunity Index, Getting Away With
Murder’, (17th April 2012)
[http://cpj.org/reports/2012/04/impunity-index-2012.php]
[33] BBC,
‘Sri Lanka arrests: Jaffna police detain ‘terror’ suspects’, (6th
December 2012) [http://www.bbc.co.uk/news/world-asia-20624125]; Journalists for
Democracy in Sri Lanka, ‘Three Jaffna University students detained under
anti-terrorism laws’ (4th December 2012)
[http://www.jdslanka.org/index.php/2012-01-30-09-30-42/politics-a-current-affairs/229-three-jaffna-university-students-detained-under-anti-terrorism-laws]
[34] BBC,
‘Sri Lanka arrests: Jaffna police detain ‘terror’ suspects’, (6th
December 2012) [http://www.bbc.co.uk/news/world-asia-20624125]; Journalists for
Democracy in Sri Lanka, ‘Three Jaffna University students detained under
anti-terrorism laws’ (4th December 2012)
[http://www.jdslanka.org/index.php/2012-01-30-09-30-42/politics-a-current-affairs/229-three-jaffna-university-students-detained-under-anti-terrorism-laws]
[35]
Amnesty International, Locked Away: Sri
Lanka’s Security Detainees, (2012),
pp6
[36]
Detention without charge is allowed under section 9(1) of the Prevention of
Terrorism Act 1978, whilst police investigate the possibility of their
involvement in illegal activity and with permission from the Ministry of
Defence
[37] Committee
to Protect Journalists, website, [http://cpj.org/asia/sri-lanka/]
[39] Manfred Nowak, U.N.
Covenant on Civil and Political Rights, CCPR Commentary, 2nd
ed., 2005, p. 438.
