Constitutional and Legal Framework Governing Religious Freedom and Related Issues

23 July 2014, Colombo, Sri Lanka: More than a month after the events in Aluthgama, many questions remain in terms of justice and accountability regarding these and others developments related to ethnic and religious freedom in Sri Lanka. These questions are even more poignant as we mark 31 years since the deadly pogrom of July 1983.

Although religious freedom is provided for in the present framework in Sri Lanka, concerns are raised as to why threats, intimidation and attacks continue to occur with limited action to prevent such events and to hold to account perpetrators. In light of recent events surrounding religious freedom in Sri Lanka, questions have been raised regarding the legal provisions related to the issue and the powers of key actors. The Centre for Policy Alternatives (CPA) has compiled a short brief to create awareness on the Constitutional and legal framework and available legal remedies regarding religious freedom and related issues.

Download the brief here, or read it online here.

 

CPA Condemns Religious Intolerance and Violence

18th June 2014, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) strongly condemns the violence unleashed in Aluthgama, Beruwela and Dharga Town over the past few days. More than five years after the end of the war and thirty years after the 1983 pogrom, lessons have yet to be learnt on coexistence, non-violence, peace and reconciliation. The recent events are the latest and most serious manifestation of the politics of hurt, hate and harm that constitute the gravest challenge to pluralism, the rule of law and democratic governance in our country and epitomise the depth of the crisis of the Sri Lankan State. CPA urges the Government of Sri Lanka (GoSL) to take immediate and all necessary steps to provide protection to the affected communities, investigate the heinous acts and hold to account all perpetrators and those complicit in such acts. It is of paramount importance that steps are taken to prevent the continuation of such violence and in this regard the authorities must hold all those involved to account, sending a strong message to all Sri Lankans and to the rest of the world that violence and hate have no place in post -war Sri Lanka.

The Rise of Religious Extremism

Religious extremism and hate campaigns have targeted minorities and resulted in many incidents of violence in the post -war context. CPA has on several occasions raised concerns about this and documented rising tensions between different religious communities, primarily due to the activities of and ‘hate speech’ disseminated by extremist organisations such as the Bodu Bala Sena (BBS), Sihala Ravaya and Ravana Balaya. CPA regrets that no meaningful steps to curb the activities of these organisations and hold them to account have been initiated by the GoSL, thereby feeding the public perception that it is complicit in their activities. It is time that the GoSl step up to its responsibilities and uphold the constitutional and legal framework of Sri Lanka, including the right to equality and non- discrimination. We strongly urge the GoSL to make an official statement denouncing the organisations responsible for engendering discontent amongst different religious communities and to enforce the law unconditionally.

The Collapse of the Rule of Law

CPA notes the continuing and egregious lapse in the rule of law and the maintenance of the security of all the peoples who inhabit our country, highlighted most recently by the violence in Aluthgama, Beruwela and Dharga Town. It is extremely disturbing to note that such violence could take place despite the well-equipped and extensive security apparatus and network at the disposal of the GoSL. The Police have on several occasions in the past obtained Court orders to prevent / curtail protests by student organisations, opposition political parties, and even civil society activists, on the basis that such activities would lead to a breach of the peace. A similar measure was taken on 17th June in Mawanalle after the recent violence, raising the question of as to why such a measure was not taken in Aluthgama, earlier. The inability and/or unwillingness of the GoSL to take steps in Aluthgama , illustrates the selective application of the law and further fuels the perception of its complicity in the recent violence.

CPA is also concerned about the lack of accountability of organisations such as the BBS. Despite the video evidence of the assault on the Ven. Watareka Vijitha Thero, the forcible entry into a government ministry and numerous statements inciting communal passions, no serious attempt has been made by the GoSL to hold the BBS to account in accordance with the law of the land. As noted above, this is particularly problematic in a context where laws are used most effectively to prosecute and/or detain civil society activists and media personnel and to silence dissent.

The need of the hour is to ensure that religious and communal tension and violence do not engulf the country. The full weight of the law without fear or favour should be brought to bear on anyone who incites violence or engenders religious and communal enmity. The deeply corrosive culture of impunity in respect of human rights violations, and indeed, in respect of the incitement of religious and communal hatred, must be reversed as a matter of the utmost national priority. The widespread perception that the purveyors of religious intolerance and violence enjoy patronage and support from within the government needs to be comprehensively dispelled.

The Impact on Civil Society including Media Institutions

The under-reporting of the continuing violence in almost all mainstream media institutions, be it on an official GoSL directive or on account of self-censorship on the part of media institutions, underlines the fact that media in Sri Lanka is not free and is vulnerable to external pressure. Whilst there is a responsibility on the part of journalist to only report verified facts, the lack of information only leaves citizens more susceptible to rumours and unsubstantiated claims, which in turn could lead to further violence.

Furthermore, deeply disappointing is the inability and/or unwillingness of civil society organisations including religious leaders, especially from the majority community, to categorically condemn the BBS and other extreme groups and take appropriate action in respect of those who abuse the robe and the religion. Many insist privately that the BBS is ‘un-Buddhist’, at best an unseemly distortion and at worst a horrific negation of the fundamental tenets of what has been universally recognised as the most non-violent of religions. Few though seem willing to publicly express or demonstrate their unequivocal condemnation of the BBS, and to register the total rejection and repudiation of their politics of hurt, hate and harm.

Reconciliation

Five years after the end of the war, there has yet to be any serious attempt to ensure reconciliation amongst the different communities who live in Sri Lanka. As the incidents over the past few days have demonstrated, reconciliation cannot be achieved through the defeat of terrorism and economic development, alone. There needs to be an acknowledgement on the part of the GoSL, political parties, religious groups, civil society and other stakeholders that Sri Lanka remains a deeply divided society. Unless this is acknowledged and a serious attempt made to remedy this, Sri Lanka as a multi-ethnic and multi-religious society, which is also formally a functioning democracy, will be destroyed.

CPA reiterates the call for the GOSL to take swift and decisive action to redress the situation including criminal prosecutions against the perpetrators of violence and to provide financial compensation to the victims. There should also be an official condemnation of the violence and an apology for the lapses in security and law enforcement from the highest levels of government, augmented by demonstrable assurance hereafter that law and order will be impartially enforced and that the Sri Lankan state has the willingness and capacity to ensure the safety of its citizens irrespective of religion and ethnicity.

Finally, CPA calls upon all religious leaders including Buddhist religious leaders and civil society to publicly disassociate themselves from the BBS and its adherents, to condemn their politics of hurt, hate and harm and commit to inter-communal and religious dialogue as the means of resolving problems and achieving post-war reconciliation.

Download this press release as a PDF here. Download in Tamil here and Sinhala here.

 

Partnership to protect free expression online: Project Galileo

12 June 2014, Colombo, Sri Lanka: The Centre for Policy Alternatives is pleased to welcome the launch of Project Galileo by CloudFlare as a global launch partner. Announcing the launch of the new initiative, CloudFlare notes,

Project Galileo’s goal is to protect free expression online. Sites can participate in Project Galileo if they meet the following criteria:

  • They are engaged in news gathering, civil society, or political/artistic speech;
  • They are subject to online attacks related to their news gathering, civil society, or political/artistic speech;
  • They are not-for-profit organizations or small commercial entities; and
  • They act in the public interest, broadly defined.

For sites that meet these criteria, CloudFlare will extend its full, enterprise-class DDoS attack protection at no cost.

CloudFlare notes that examples of Project Galileo participants include minority rights organizations, LGBT rights organizations in Africa and the Middle East, global citizen journalist sites, and independent media outlets in the developing world. Some other examples of website Project Galileo can help secure are,

  • An individual or institution with a registered domain that publishes, or seeks to publish controversial information on high-level corruption.
  • An institution that on its own website, seeks to publish information sourced from whistleblowers.
  • A whistleblower herself/himself who seeks to register a domain and setup a website to publish content in the public domain.
  • A non-profit, civic media or citizen journalism website, like Groundviews, Maatram, Vikalpa or The Republic Square.

Examples where Project Galileo cannot help are,

  • Any blog hosted on blogger.com, wordpress.com, Tumblr or similar platform
  • Any website belonging to an individual or institution without the know-how to create a free CloudFlare account and do the necessary technical configuration to site hosting
  • Any big commercial or mainstream media site

For more info and to apply for Project Galileo, please click here.

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CPA complaint against the Independent Television Network of Sri Lanka (ITN) to be taken up on 24th April 2014

23rd April 2014, Colombo, Sri Lanka: The Complaint filed by the Centre for Policy Alternatives (CPA) and its Executive Director (Complaint No: HRC/3083/13) before the Human Rights Commission of Sri Lanka (HRCSL) against the Independent Television Network of Sri Lanka (ITN) and its Chairmen will be taken up for hearing tomorrow (Thursday, 24th April 2014) at 10.30 at the premises of the HRCSL at No. 165 Kynsey Road, Borella, Colombo 8.

We appreciate your presence and coverage of this hearing.

The complaint which filed on 12 August 2013 was on the basis that a news item appearing on the 7:00pm Sinhala language news broadcast of ITN on Sunday 14th July 2013 violates several fundamental rights of both CPA and its Executive Director which are guaranteed under the Constitution to all citizens of Sri Lanka.

The Complaint was inquired into for the first time on the 11 February 2014 by the HRCSL. During this inquiry ITN (the Chairman being present in person) took up the position that they were unaware of the news broadcast in question. Consequently, at the request of Attorney-at-law appearing on behalf of CPA and its Executive Director, it was directed that a DVD recording containing the ITN news item be handed over to the Chairman of ITN at the inquiry.

A copy of the Complaint made by CPA to the HRCSL is available here