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The beast of repression in the East

05 Jan 2022

  • Fact-finding mission highlights discrimination of non-denominational Christians and Muslims in Batticaloa
BY Sumudu Chamara  Disharmony among ethnic and religious groups and various forms of discrimination from security agencies and politicians and laws and regulations in the Eastern part of the country are on the rise, and often, even the support systems that are in place do not help the victims of such discrimination. This was revealed in a report of a fact-finding mission carried out by a team of activists, researchers, and lawyers, last month. The report, titled “Report of the Fact Finding Visit to Batticaloa” looked into the impact of the 2019 Easter Sunday bombings on the Christian and Muslim communities in the Batticaloa area. The findings and recommendations mentioned in the report are based on discussions the said team held with persons from the non-denominational Christian community, families of persons detained under the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 (PTA), leaders of the Muslim community, and those who are facilitating and assisting in the burial of Muslims that die of Covid-19, in that area. Rights of the non-denominational Christian community  The report revealed some little known realities in Batticaloa, and one of them is the discrimination faced by the non-denominational Christian community in the area.  “These groups shared the continued challenges faced by this Christian community in exercising their right to practise their faith freely and without fear,” the report said, adding that these challenges are due to both extra legal state interference and state inaction to protect the rights of this community, as well as social discrimination by the Hindu community.  According to the group that met with the fact-finding team, the fundamental problem is that non-denominational churches are not viewed as Christian by both the society and the State, i.e. that their identity as Christians is not acknowledged and accepted. The report described hardships faced due to unwarranted interferences by local security agencies: “Pastors also mentioned past incidents of violence and stated that they now face intimidation and discrimination when engaging in their right to freely practise their faith. For instance, their prayer meetings are reportedly often disrupted by local government authorities. State security agencies reportedly visit churches and request information about congregants, supposedly to ensure that those who are not part of the congregation are not allowed to enter the churches, as part of the provision of security to churches.  “The pastors, however, stated that this only served to intimidate them and was contrary to the open and inclusive policy they practise in welcoming persons of all faiths. Further, they pointed out that the intention of the security agencies does not appear to be bona fide, as they are eager to gather information on aspects unrelated to providing security, such as whether the church was registered, its income, etc.” There are also issues stemming from unclear regulations imposed by the Government, including the one which requires religious places to obtain registration, according to the report. With regard to discrimination by people of other religious beliefs, the report added: “Social discrimination of non-denominational Christian groups takes many forms. One of the issues highlighted by the pastors is the targeting of this Christian community by Hindu groups that propagate Hindutva-like ideologies and have affiliations to the right wing Hindutva groups in India. The Christian groups expressed dismay that Tamil political parties not only seem concerned solely about the problems faced by the Tamil Hindu community, but also that some Tamil politicians are supportive of the Hindutva groups.  “The pastors shared examples of duplicitous action by politicians who, while assuring the Christian community that they will ensure their protection or hold those engaged in anti Christian actions accountable, also enable anti Christian acts or instruct State entities not to take remedial action. The link between Hindutva groups in Sri Lanka, which receive financial support from groups abroad, and similar groups in other parts of South Asia, such as India, was pointed out.  “For example, if attacks against Christians take place in India, it was noted that a few days later an attack against a Christian church in Sri Lanka would take place. A pastor shared his personal experience of a hitherto unknown person from abroad contacting him, due to a case of mistaken identity, and offering him financial incentives to engage in violence against Christians. The continued hostility and discrimination of non-denominational Christians by the Catholic church was also mentioned as a general issue of concern.”   Non-denominational Christians facing discrimination when using public cemeteries which are known as Hindu cemeteries, being forced to cremate and conduct last rites according to Hindu customs, Christian children being denied admission to national schools, and complaints lodged with the Police against violations of religious freedom not receiving adequate attention, are some other issues they face. “The Christian community leaders expressed concern that the government strategy regarding non-majority ethno religious groups appears to be similar to that of the Indian Government, i.e. state support for action by Hindutva and other right wing groups against non-majority ethno religious groups, which they stated will only lead to inter-community conflict and violence. They, therefore, reiterated the need to pay attention to the early warning signs and to take proactive action to prevent violence and inter-community conflict,” the report added. Impacts of the PTA The fact-finding mission also revealed how some communities living in the Eastern Province remain affected by the PTA. It said that since the Easter Sunday attacks, over 125 Muslims, including 15 women and two infants (data from April 2021) from Kattankudy, have been detained under the PTA in connection with the attacks. Stating that many such arrests are alarming as they appear to have been made not for acts deemed offences in the law, but for assumed opinions held, the report added: “Persons who seemingly did not commit or aid or abet an offence, and only had a peripheral connection to accused persons or to persons who engaged in the bombing have been arrested. For instance, boys and young men who were either forced to attend or were misinformed about the destination and purpose of events organised by Zahran Hashim (the person considered as the mastermind behind the attacks) in Hambantota and Nuwara Eliya, and attended for only one or two days, were arrested. As a result of these arrests, many young persons have been unable to sit for examinations and to date languish in detention.  “Illustrative of arrests not based on reasonable suspicion or prior investigation is the arrest a few months ago of a caterer who provided food to Zahran’s classes well before the Easter attacks. There was also the case of a family being arrested and detained overnight with the aim of forcing the alleged offender to surrender.” The report also described allegations levelled with regard to the enforcement of the PTA and how families of the arrested have been discouraged from taking legal action: “Families stated that their detained family members had told them that they were informed by the Terrorism Investigation Division (TID) that they would be released if they made certain statements, which the said persons refused to do. Some alleged that they had been tortured during interrogation. The other pattern observed is that detained persons instruct their families not to take any action, such as filing fundamental rights petitions, as the TID had promised to release them soon. Due to this, families were reluctant to take any action which they fear would antagonise the authorities and jeopardise the release of the detained person.” Moreover, challenges pertaining to obtaining legal representation for PTA arrestees, and the importance of a monitoring mechanism to prevent rights violations, were also mentioned in the report.  Post-Easter Sunday attacks de-radicalisation attempts The report also discussed how regulations on “de-radicalisation from holding violent extremist religious ideology” issued under the PTA, have affected the people. It said that these regulations violate many rights including due process rights and the right to a fair trial, and that they perpetuate ethno religious stereotypes and enable racial profiling. It explained: “At the community level, there is confusion and a lack of awareness about the de-radicalisation and rehabilitation process. Some families fear that persons could be remanded for protracted periods of even several years, and hence, regardless of the grave violations that will be perpetrated by the regulations, believe that the regulations are the only way to ensure that the person will be released in at least two years.  “Detained persons were said to have been subject to various forms of pressure to force them to sign statements agreeing to be sent to rehabilitation. It should be noted that persons against whom the Government had no evidence to indict for a crime but was of the opinion that they had links with the Liberation Tigers of Tamil Eelam (LTTE) were sent to similar rehabilitation programmes following the end of the armed conflict in 2009.  “These persons were subject to surveillance by intelligence agencies and the military for years after release, which had a severe adverse impact on their ability to socially re-integrate and earn a livelihood. Muslim community leaders the team met were aware of the plight of the Tamils who had been sent to rehabilitation post 2009, and hence view the proposed rehabilitation process as something that will lead to the labelling and stigmatising of Muslims.” Covid-19 burials The report also pointed out the challenges faced by those living in Oddamavadi, who have donated their lands for the burial of people who died of Covid-19, particularly Muslim persons.  The residents of the area had stated that 14 persons lost their lands, as 21.5 acres of land was taken by the Government for the said purpose. Adding that the number of burials is on the rise, the report said, quoting a local government authority official that only 300 more bodies can be accommodated, and that if more persons are buried, the buffer zone will be extended and that this means that more persons will lose their lands and livelihoods. In a context where the donated lands had been used for agriculture, animal husbandry, and other livelihood purposes, quoting residents of the area, the report said: “They need an alternative for the lands taken, as, at present, they are unable to engage in livelihood-related activities. They revealed that they had requested alternative lands from the Divisional Secretariat but were informed that there is no State land in the area that can be given to these residents. The residents stated that they had pointed out another public land which could be assigned for burials, but the Government had instead wanted private lands to be assigned. As the residents did not want to cause any communal disharmony, they had sacrificed their lands.” Recommendations In its conclusion, the report said that although there are efforts at the community level to deal with inter and intra-community cleavages, government action and inaction hampers, rather than supports, these community efforts, and that even the “One Country, One Law” Task Force appears to be aimed at worsening existing tensions and conflicts. “Government action to prevent youth engaging in violence only further discriminates and marginalises communities that are already vulnerable and function as drivers of violence and serves to create new centres of conflict,” the report added. The report also highlighted the importance of viewing national security as security for all in order to address the said issues. It, according to the report, requires the State to envisage a form of security that does not depend on demonising and targeting certain communities, which leads to the discrimination and marginalisation of already vulnerable populations, thereby undermining social cohesion and community harmony. The report put forward a number of recommendations for the Government and for civil society organisations and community leaders.  Conducting an impartial investigation to ensure justice for the victims of the Easter Sunday attacks is one of the foremost recommendations for the Government. However, a majority of the recommendations were with regard to the use and repeal of the PTA. Among them were, repealing the PTA, and implementing an immediate moratorium on the use of the law in the interim, ensuring that any law that purports to deal with terrorism adheres to international human rights standards after community consultation and expert input, expediting the review and resolution of cases of persons detained under the PTA, immediately stopping the harassment and surveillance of families of persons detained under the PTA and civil society organisations working on the rights and wellbeing of these persons as well as lawyers representing them, rescinding the PTA regulations on de-radicalisation from holding violent extremist religious ideology, and providing economic support, such as Samurdhi, to families of persons detained under the PTA that are facing severe economic hardships. Recommendations for the Government also included a number of proposals to strengthen religious freedom in the country. Among them were, ensuring that any initiative to prevent persons from engaging in violence and socially reintegrating those that may have been drawn to ideologies that propagate violence are in line with international human rights standards, and revoking the 2008 circular requiring prior permission and registration for the construction of new places of worship and ensuring the freedom of religion or belief for all religious communities in the country, and refraining from arbitrarily using legal and non-legal measures to demand the compulsory registration of places of worship. In addition, the report recommended that the Government rescind the Extraordinary Gazette Notification dated 11 April 2020, which makes the cremation of people who died of Covid-19 the only option, and follow World Health Organisation (WHO) guidelines for safe and deep burial, while also allocating Covid-19 burial sites in every province. Under the recommendations for civil society organisations and community leaders, the report proposed that the legal community should provide legal assistance to detained persons, civil society organisations should initiate programmes to engage with youth and provide safe spaces to discuss complex issues, and livelihood support should be provided to families of detained persons that are in economic distress.  While mainstream ethnic and religious disharmony often gets highlighted in the media and in mainstream discourses on ethnic harmony in Sri Lanka, as the report noted, many forms of discriminations take place at other levels of the society and they do not get the same attention. This emphasises the importance of policies and laws aimed at strengthening ethnic harmony being practical, and their enforcement being present everywhere alike.  At the same time, the Government has a massive responsibility to repeal and amend discriminatory and vague laws and regulations as the report highlighted, and civil society organisations can also do a great deal of work in this regard as they work closely with different communities.


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