According to the information received from reliable sources, including Law & Society Trust and INFORM Human Rights Documentation Centre, on August 7, 2007, Mr. Holme’s attempt to meet with civil society representatives during his visit to Jaffna was marred by the heavy presence of the military at the Public Library, Jaffna, where the meeting was held. Humanitarian and human rights NGOs were thus prevented from meeting Mr. Holmes in a more private manner, which would have enabled them to freely share their views, perspectives and experiences with him, without fear of any kind of reprisals.
Furthermore, the day before Mr. Holme’s visit to Jaffna, the military commander reportedly called for a meeting at Palaly military headquarters, at which NGOs and civil society representatives were instructed not to refer to human rights issues and to restrict themselves to issues of humanitarian assistance during their meeting with Mr. Holmes. The military further told the civil society representatives present that they [the military] would brief Mr. Holmes about the human rights and security situation, while the Government Agent would brief Mr. Holmes about the situation of Internally Displaced Persons (IDPs).
The Observatory expresses its concern about this type of military interference in matters relating to civil society and NGOs activity, especially as they take place in a context of increased threats against humanitarian workers, defenders working for peace and journalists, in particular in the northern and eastern provinces, since the intensification of the conflict in July 2006 [1]. This completely undermines existing practice in which visiting UN officials meet with civil society groups during country visits, insisting on privacy for such meetings, even going as far as declining invitations when these conditions are not met.
As a consequence, the Observatory calls upon the Sri Lankan authorities to guarantee in all circumstances the physical and psychological integrity of all human rights defenders, including humanitarian workers, to start with those who were invited to the above-mentioned meetings, as well as to end all forms of harassment of human rights defenders and guarantee in all circumstances that they are able to carry out their work without any hindrance. The Observatory also urges the LTTE to conform in any circumstances with the provisions of international humanitarian law.
More generally, the Observatory urges the authorities to conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on 9 December 1998, especially its article 5.c, which provides that “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, to communicate with non-governmental or intergovernmental organisations”, and its article 9.4, which provides that “to the same end, [...] everyone has the right, individually and in association with others, to unhindered access to and communication with international bodies with general or special competence to receive and consider communications on matters of human rights and fundamental freedoms”; and to ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Sri Lanka.