Repression of Dissent: January 2020

Repression of Dissent in Sri Lanka: January 2020

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1. Methodology

This report provides some general trends and details of some significant incidents related to the repression of dissent in Sri Lanka during the month of January 2020. Since 2014, INFORM has been issuing regular reports on repression of dissent and this is the latest report.

This report was prepared mainly based on the information reported in local media, however in few cases information was gathered from direct interviews, or discussions INFORM staff had with affected organizations and persons.  Incidents of repression mentioned in this report include both actual threats such as arrests, investigations of Human rights defenders (HRDs) etc. and potential threats such as new repressive laws, appointments and other trends which may have a negative impact on dissent and freedoms and security of HRDs in the future.

In this report, “dissent” is broadly defined to include acts of protest, resistance, defiance, challenge against, or attempt to record rights violations, social injustice at the hands of state or non-state apparatus, including police, armed forces, religious groups, and politicians among others. “Repression” is defined as any attempt by the above state or non-state actors to suppress the above acts of dissent. Any rhetoric decrying human rights, laws, policies, appointments and other developments with potential to erode rights and negatively impact dissent, has also been considered.

2.     Context

In the November 2019, presidential elections, Gotabaya Rajapakse, brother of former President Mahinda Rajapakse, and also the former Defense Secretary received an overwhelming majority of votes and emerged as the clear winner. However he lacked support from ethnic minorities and human rights defenders for alleged human rights violations committed during the last phase of war in Sri Lanka and his allegiance with ethnonationalist politics of Sinhalese – Buddhist nationalist groups.  However, the new President stated that he will work for all communities despite of lack of support from minorities.

Year 2020 is a challenging year for newly appointed government with USD 4.8 billion debt to be repaid during the year for the loans mainly acquired during the former Rajapakse period from China[1].   There were also legal cases continuing about crimes against Human Rights Defenders and journalists which were committed during the former Rajapakse regime. However there was lot demand and pressure from nationalist groups who campaigned earlier for Rajapakse to release military or “war heroes” who were accused of such crimes.  Over the past years, activists and others have pointed out Gotabaya Rajapakse’s alleged connection to some of these crimes including Welikada Prison massacre, in his capacity as the then then Defense Secretary.

3.     Summary of the major incidents and trends

Repression against journalists and media workers was a prominent trend during this month. There were 8 incidents relating to 12 journalists that have been reported. In one incident, 7 journalists in Batticaloa reported having received death threats. One of them also had two prior threats and intimidations in the same month. In another incident a journalist in Chilaw was reported to have been assaulted by a group linked to local politicians after he reported on an unauthorized filling of a paddy field. A journalist’s house was vandalized by an unidentified group in Jaffna. In another case, a female journalist who went to file a complaint at the Police station was treated in a degrading manner.

President Gotabaya Rajapaksa had also promoted senior Army and Navy officers who stand accused in High Courts for killings and abductions. One of the key accused in the abduction of 11 youth case was promoted to the rank of rear admiral in the Navy and also appointed as commander of a province. A former member of a paramilitary death squad was reported as being identified to be made Sri Lanka’s Permanent Representative to the UN in Geneva and Switzerland. His presence in Geneva at the UN may deter survivors, victim families and human rights defenders from participating as they had been doing in the past, and also post a challenge of engaging with Sri Lankan government to diplomatic missions and UN officials. A gazette extended the previously given special powers for military to intervene in civilian affairs. A cabinet spokesperson said that they will introduce an intelligence act which may provide immunity to intelligence officers. Activists have expressed concerns about this infringing on rights. Also Defense Ministry announced that they will introduce Cyber Security Act which will deal with the mitigation of Cyber crimes which is currently at the finalizing stage. In last year, a similar named draft act was made public by then government, which activists asked for more time for public consultation, also expressed fear whether it would be misused for controlling dissent in social media.

Repression of activists in the North and East continued same as the previous month. More than 50% of the incidents were reported from the North and East. Staff of 2 NGOs were questioned by Counter Terrorism Investigation Division (CTID). Another Woman HRD from the North was asked to come to CTID for an inquiry. However after she informed to the Human Rights Commission, she was informed that it was not necessary. Families of the victims of the Mirusuvil massacre were threatened by unknown persons in a white van, after reports appeared in media that the Army soldier who was convicted might be released. A Tamil youth was interrogated for involving in a campaign for the removal of an army camp from the local area. 

A Presidential Commission of Inquiry which was appointed in this month ordered Attorney General (AG) to suspend a case against two military leaders until the commission concludes their hearings. However AG has refused to follow the order saying Presidential Commission does not have an authority to do so.

Also former Director of the Criminal Investigation Department (CID), Mr. Shani Abeysekera, is currently interdicted for controversial telephone conversations with opposition politician Ranjan Ramanayake, is reported to have lodged a complaint with the Police on alleged death threats from an unidentified person. The Witness Protection Unit of the Department of Police has requested the CID and the intelligence agencies to launch an investigation into the complaint lodged by Abeysekera. He headed the CID when CID made significant findings in the prison massacre of 2012 and into investigations into killings and disappearances, including journalists, leading to arrest of Army intelligence personnel, senior Navy officers, senior prison officials etc., and the Attorney General filing indictment in High Courts in some of these cases.

4.      Statistical Analysis

A total of 23 incidents were reported this month. A brief statistical analysis of these incidents was conducted to understand the patterns and categories of violations and victims.

Table 1: category of victim

As illustrated in the above table, highest number of incidents were reported with regards to journalists, while 1 street artist and 2 NGOs also became victims. Other category included families of those who killed in a massacre in the North, a human rights activist, a youth who supposedly campaigned against demilitarization, a police officer investigated key crime cases relating to HRDs, and devotees of a temple.

Table 2: Gender of the victim

7 incidents were related to male victims, while 3 were related to female victims.  In 13 cases gender category was not applicable. These were mainly repressive policies, questionable appointments and groups where gender segregation was not possible.

Table 3: Geographical distribution incidents

When it comes to the geographical distribution of the incidents, more than half of the incidents were reported from the North and East. 2 Incidents were reported from Colombo, while only 1 incident reported from other areas. In 7 incidents geographical location was considered as not applicable, as they were questionable appointments, legal and policy changes which may have impact nationally and beyond.

Table 4: Type of violation

22% of the cases were related to verbal threats and hate speech. Another 22% were related to questioning by military and Police. There were also 13% of questionable appointments and promotions, while another 13% were related to repressive legal, institutional and policy changes. 9% were related to physical attacks. Another 9% were related death threats.

Table 5: Allegedly responsible party for the violations

When looked at the allegedly responsible party for the violations, highest percentage 39% of incidents were related to military or Police, Secondly the government or politicians were allegedly responsible.

5.      List of incidents

[1] http://www.ft.lk/front-page/4-8-b-debt-to-be-repaid-in-2020/44-692599