Sri Lanka: Harassment and intimidation suffered by a group of women protesters, including Ms. Nimalka Fernando

06/12/2013
Urgent Appeal

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), has received new information and requests your urgent intervention in the following situation in Sri Lanka.

New information:

The Observatory has received with concern information from reliable sources about the harassment and intimidation suffered by a group of women protesters, including Ms. Nimalka Fernando, attorney-at-law, women’s rights activist and President of the International Movement Against All Forms of Discrimination and Racism (IMADR) in Sri Lanka, who were peacefully demonstrating to denounce the recent smear campaign against Ms. Fernando.

According to the information received, on December 2, 2013, a peaceful protest organised by women’s groups to denounce the recent hate speech and smear campaign promoted by the State-owned radio station, the Sri Lanka Broadcasting Corporation (SLBC), against Ms. Nimalka Fernando, was disrupted, hooted and intimidated by a pro-government group of men for an hour. Some witnesses reported that the pro-government supporters - some of whom were believed to be staff members of the SLBC - had gathered bottles and stones with the alleged intention of attacking the peaceful demonstrators. On December 3, 2013, Ms. Fernando was outrageously referred to as a “well known dollar vulture” on the Sri Lankan Government’s official news portal.

The police, instead of protecting the demonstrators, cornered the peaceful protestors to a small space, showed their support to the group of men and set the placards carried by the women on fire. Senior Superintendent of Police Premalal Ranagala himself was seen intimidating and threatening the peaceful protestors.

The Observatory is deeply concerned by the above-mentioned obstacles to freedom of peaceful assembly and recalls the responsibility that Sri Lankan authorities have to ensure the protection of human rights in general and of rights related to freedoms of expression, association and peaceful assembly, in particular.

Background information:

On November 4, 2013, Ms. Nimalka Fernando was threatened and defamed on the radio programme Rata Yana Atha (“the way the country is forging ahead”) on the commercial channel of the SLBC, following comments she had previously made on the legalization of sex work. The death threats against Ms. Fernando also took place in the context of her public opposition as one of the Conveners of the Alternative People’s Forum, which had decided to boycott all official event related to the Commonwealth Heads of Government Meeting (CHOGM) in November.

The aforesaid radio broadcast, entitled “Stoning the Sinner Woman”, was presented by Mr. Hudson Samarasinghe, Chairman of the Sri Lanka Broadcasting Corporation, who took fragments of the interview Ms. Fernando had previously granted to HIRU TV on November 3. Ms. Fernando was described as a 59-year old divorced woman who had served 30 different organisations, and “since 1989 carried tales”.

Listeners had the opportunity to call to the radio programme to give their opinion and some threatened Ms. Nimalka Fernando in those terms: “We cannot allow persons like Nimalka Fernando to live in this society”; “If we do something to them the government will be blamed by the human rights people. We should use a lorry and cause an accident”, “There is something call cleaning in the army. [...] We should hand her over to the cleaning system” or “We use insecticides to eliminate the spread of mosquitoes. Some mosquitoes develop a resistance to such spray. These people are like that. We have to find a method to destroy them”. Ms. Fernando was also called a prostitute. Reportedly, most of the callers were men, and some of them identified themselves as having served the armed forces and retired. Mr. Samarasinghe did not stop the callers in their offensive and violent statement against Ms. Fernando, and even seemed to encourage them.

Subsequently, Ms. Nimalka Fernando lodged a complaint to the Human Rights Commission of Sri Lanka (HRC-SL) and the Inspector General of Police (IGP), requesting an investigation for criminal offence and violation of her fundamental rights, and also demanding that the tapes be secured for proof together with information of the callers and their telephone numbers.

This was not the first time that Ms. Nimalka Fernando has been subjected to a smear campaign in a State media. For instance, in March 2012, Ms. Fernando, along with three other human rights defenders, was accused of being a traitor and working against the interests of the country to obtain “dollars”. In addition, the Minister of Public Relations threatened Ms Fernando and the other defenders involved to “break their limbs” in public if they were to dare to set foot in the country. [1]

Action requested:

Please write to the authorities in Sri Lanka, urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Ms. Nimalka Fernando as well as of all human rights defenders in Sri Lanka;

ii. Ensure the respect of the rights to freedom of expression and peaceful assembly in Sri Lanka, as a fundamental means to ensure the work of human rights defenders and activists.

iii. Order an immediate, thorough, transparent investigation into the above-mentioned facts in order to identify all those responsible, bring them before an independent tribunal, and apply them the sanctions provided by the law;

iv. Put an end to any kind of harassment against Ms. Nimalka Fernando and more generally against all human rights defenders in Sri Lanka and ensure that they are able to carry out their peaceful and legitimate activities without any hindrance and fear of reprisals;

v. 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 [...];

vi. 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 / priu@presidentsoffice.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. Keheliya Rambukwella, Minister of Mass Media and Information, 63, Kirulappona Mawatha, Polhengoda, Colombo 05, Sri Lanka. Fax no: +94 11 251 4352. Email: govds@nationalsecurity.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. Tel.: (+94) 11 2 696470 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. 56, rue de Moillebeau, PO Box 436,1211 Geneva 19. Switzerland. Tel.: (+41) (0) 22 91 91 251, (0) 22 91 91 250. Fax: (+41) (0) 2273 49 084. E-mail: consulate@lankamission.org

Please also write to the diplomatic missions or embassies of Sri Lanka in your respective country.

***

Geneva-Paris, December 6, 2013

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

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