Sri Lanka: Warning issued by the National Secretariat for NGOs seriously undermines the freedom of association, assembly, and expression in the country
LKA 002 / 0714 / OBS 064
Obstacles to freedom
of association and expression
Sri Lanka
July 9, 2014
The
Observatory for the Protection of Human Rights Defenders, a joint
programme of the World Organisation Against Torture (OMCT) and the
International Federation for Human Rights (FIDH), requests your urgent
intervention in the following situation in Sri Lanka.
Brief description of the situation:
The
Observatory has received worrying information from reliable sources
about obstacles to the freedom of association, assembly, and expression
in Sri Lanka.
According to the information
received, on July 1, 2014, the National Secretariat for Non-Governmental
Organisations (NGOs), which operates under the Ministry of Defence and
Urban Development, issued a
warning with immediate effect to all NGOs in
the country, aiming to prevent so-called “unauthorised activities”.
According to the National Secretariat, such activities include “press
conferences, workshops, training for journalists, and dissemination of
press releases which is beyond [the NGOs’] mandate”.
The
Observatory recalls that the right to freedom of association, assembly
and expression, including the right to carry out human rights
activitiessuch as conferences, workshops, trainings or issuing press
releases, is a fundamental and universal right enshrined in numerous
international treaties and standards, especially Article 22 of
the International Covenant on Civil and Political Rights (ICCPR). While
this right may be restricted by the Government, especially for purposes
of transparency and good governance, any restrictions must always be
“prescribed by law”, “necessary in a democratic society”, and respect
the primacy of the general interest and the principle of
proportionality (Article 22.2 of ICCPR and case-law of the United
Nations Human Rights Committee). It should be emphasised that freedom
shall remain the rule, while restrictions should always be an exception
admissible under the above-mentioned conditions.
The
Observatory is concerned by these attempts by the Sri Lankan Government
to curtail the freedom of association, assembly and expression of
human rights defenders , which seem to be aimed at undermining the
legitimacy of their peaceful activities. The Observatoryrecalls that Sri
Lankan authorities have the responsibility to ensure the protection of
human rights in general and of rights related to freedoms of expression,
assembly and association in particular.
Accordingly,
the Observatory calls upon the authorities of Sri Lanka to withdraw the
above-mentioned notice immediately and to put an immediate end to the
harassment against all human rights defenders and NGOs in the country,
in conformity with international human rights standards.
Action requested:
Please write to the authorities in Sri Lanka, urging them to:
i.
Publicly withdraw the above-mentioned notice from the National
Secretariat for NGOs, and affirm the legitimacy of the work of human
rights defenders and organisations in Sri Lanka;
ii.
Ensure in all circumstances that all human rights defenders and NGOs in
Sri Lanka are able to carry out their legitimate activities without any
hindrance or fear of reprisals;
iii. Conform
with the provisions of the UN Declaration on Human Rights Defenders,
adopted by the General Assembly of the United Nations on December 9,
1998, especially regarding the following Articles:
-
Article 1: everyone has the right, individually and in association with
others, to promote and to strive for the protection and realisation of
human rights and fundamental freedoms at the national and international
levels;
- Article 5 (a): For the purpose of promoting and
protecting human rights and fundamental freedoms, everyone has the
right, individually and in association with others, at the national and
international levels (a) To meet or assemble peacefully;
-
Article 12.2: the State shall take all necessary measures to ensure the
protection by the competent authorities of everyone, individually and
in association with others, against any violence, threats, retaliation,
de facto or de jure adverse discrimination, pressure or any other
arbitrary action as a consequence of his or her legitimate exercise of
his or her rights [...];
iv. Ensure in all
circumstances the respect for human rights and fundamental freedoms in
accordance with international human rights standards and international
instruments ratified by Sri Lanka.
Addresses:
·
President Mahinda Rajapakse, Presidential Secretariat, C/ Office of the
President, Temple Trees 150, Galle Road, Colombo 3, Sri Lanka, Fax:
(+94) 11 472100 / (+94) 11 2446657 / (+94) 11 243 0590, Email:
lalith@icta.lk·
D.M. Jayaratne, Prime Minister of Sri Lanka, No. 58, Sir Ernest De
Silva Mawatha, Colombo 07, Sri Lanka. Fax no: (+94) 112 575454. Email:
slpm@pmoffice.gov.lk·
Mr. Sarath Palitha Fernando, Attorney General, Attorney General's
Department. Colombo 12, Sri Lanka. Fax: (+94) 11 2 436421.
·
Justice Priyantha R.P. Perera, Chairman, Human Rights Commission of Sri
Lanka. No: 165 Kynsey Road, Borella, Colombo 8, Sri Lanka. Fax: (+94)
11 2 694924. Email:
sechrc@sltnet.lk·
H.E. Mr. Ravinatha P. Aryasinha, Ambassador, Permanent Mission of Sri
Lanka to the United Nations in Geneva, 56 rue de Moillebeau, 1211 Geneva
19. Switzerland. Fax: +41 22 73 49 084. E-mail:
mission@lankamission.org
Please also write to the diplomatic missions or embassies of Sri Lanka in your respective country.
***
Geneva-Paris, July 9, 2014
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The
Observatory, an OMCT and FIDH venture, is dedicated to the protection
of Human Rights Defenders and aims to offer them concrete support in
their time of need.
To contact the Observatory, call the emergency line:
- E-mail: Appeals@fidh-omct.org
- Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29
- Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80