- Int’l human right org.’s report highlights the Govt.’s repressive crackdown on, and violation of, the ‘aragalaya’s’ freedom of peaceful assembly and right to peaceful protest and the contravention thereby of domestic and int’l human rights obligations
The spate of anti-Government protests that took place last year, are interpreted by many as a crucial turning point in Sri Lanka’s people-led movements aimed at positive social, economic, and political reforms. That notion is agreeable to a great extent, as the people showed unity, resilience, resolution, and vigour like never before in recent memory. However, that was also an era of serious human rights violations where the people’s constitutionally guaranteed rights, as well as internationally recognised standards and procedures pertaining to handling assemblies were openly and severely violated by the Government through law enforcement, the defence forces, and other groups.
Those incidents have added to Sri Lanka’s poor human rights record, as per the latest report on the “aragalaya” (the people’s struggle) movement issued
by the International Federation for Human Rights (FIDH). The report titled “Anatomy of a Crackdown: The Repression of Sri Lanka’s Aragalaya Protest Movement” provided a comprehensive record of serious and systematic human rights violations committed by the Sri Lankan authorities against the protestors, which the report said were inconsistent with Sri Lanka’s international legal obligations stemming from its ratification of key human rights treaties. The FIDH’s report was based mainly on the experiences of protestors and various reports.
Resorting to violence and repression to deal with the ‘aragalaya’
The FIDH report pointed out that instead of engaging in dialogue and addressing the protest movement’s grievances, the Sri Lankan Government responded to the demonstrations by cracking down on protestors and repeatedly violating their right to the freedom of peaceful assembly. It was noted that such violations included the imposition of unnecessary and disproportionate restrictions on assemblies by resorting to the imposition and enforcement of emergency powers, curbs on the places, modalities, and expressive content of such assemblies, and the abuse of national laws to block or prevent protests and to arrest protestors. Adding that instead of facilitating the exercise of the protestors’ right to the freedom of peaceful assembly, the Police disrupted, blocked, and interfered in the demonstrations, it was further explained that: “members of the military and the Police Special Task Force, the latter a unit specialised in counterterrorism, organised crime, and counter-insurgency operations, were repeatedly deployed to supervise assemblies. In many cases, Police officers deployed for crowd control engaged in actions that evinced an absence of adequate human rights training, and lacked guidance for the specific needs of vulnerable groups at protests, including persons with disabilities and children. The most disturbing pattern of human rights violations against the ‘aragalaya’ protestors was the authorities’ frequent use of unnecessary and/or disproportionate force to disperse their peaceful assemblies. In many cases, such actions violated the protestors’ fundamental human rights, including the right to life.”
In addition, the report highlighted that the authorities often targeted protest observers, including bystanders, journalists, and lawyers, and that “aragalaya” protest organisers and participants were subjected to a systematic campaign of arrests, prosecutions, and other acts of harassment, including judicial harassment, intimidation, and surveillance.
Abuse of legal provisions
The FIDH report further pointed out several instances where the existing laws were misused by the Government and/or the authorities to oppress the “aragalaya” activists. Noting that such actions were displayed in the case of protestors occupying Government buildings, i.e. the President’s official residence in Colombo, the Presidential Secretariat, the Prime Minister’s official residence (the Temple Trees), and the Prime Minister’s office, the report further read that those arrested in connection with the illegal occupation of Government buildings were hit with various criminal charges, including, criminal trespassing, unlawful assembly, theft, obstructing the duties of a Police officer, offences under the Offences Against Public Property Act, No. 12 of 1982, and offences under the Antiquities Ordinance, No. 9 of 1940.
The report further paid attention to “shoot on sight” orders that were issued during the “aragalaya” movement, adding that it threatens the right to life: “Following the arson attacks around the country on properties of ruling Party (Sri Lanka Podujana Peramuna) Members of Parliament and their affiliates on 9 and 10 May 2022, and pursuant to the President’s declaration of a state of emergency, the Ministry of Defence issued orders that authorised members of the armed forces to shoot on sight any persons involved in the theft of public property or causing damage to life. Similarly, the Government issued orders to the Police to shoot individuals on the same basis.”
The shoot on sight orders contravene the International Covenant on Civil and Political Rights’ (ICCPR) non-derogable provision on the right to life, which is protected by Article 6 of the ICCPR. In May 2022, in his report to the United Nations (UN) Human Rights Council on the protection of the right to peaceful assembly in conflict situations, the UN Special Rapporteur on the right to freedom of peaceful assembly and of association stated that: “shoot to kill orders must never be issued, as they constitute authorisation for extrajudicial executions.” Among the other abuses of legal provisions, the Prevention of Terrorism (Temporary Provisions) Act (PTA) took a special place. Noting that Sri Lanka’s anti-terrorism legislation is used to arrest and detain student protest organisers, the report said that the PTA, a draconian piece of anti-terrorism legislation under which suspects can be detained for up to a year without judicial oversight, was used to arrest certain student activists for their involvement in the “aragalaya” protests.”
Human rights violations during protests
“Serious and repeated violations of the right to freedom of peaceful assembly characterised the Sri Lankan authorities’ response to the ‘aragalaya’ protests,” the report stressed, noting that the authorities failed to respect and protect the rights of protest participants, and often acted in a manner that was inconsistent with international human rights law and standards. “This included the imposition of unnecessary and disproportionate restrictions on the right to the freedom of peaceful assembly through the declaration of a state of emergency, the adoption of emergency regulations, and curbs on the places, modalities, and expressive content of the assemblies. In addition, the authorities abused national laws to block protests and arrest protestors. In numerous instances, the authorities also resorted to the use of force to disperse peaceful protests.”
The report listed a number of human rights violations that were observed during the 2022 protests, one of the main ones being restrictions on the right to peaceful assembly. The unnecessary declaration of a state of emergency, disproportionate emergency regulations such as blanket restrictions on the right to the freedom of peaceful assembly, and sweeping restrictions on places of assemblies, were highlighted under this. It was also pointed out that the requirement for the notification of assemblies was used to stifle peaceful assemblies, while protest participants were not protected, protests were disrupted, and modalities and expressive content of assemblies were restricted.
The abusive policing of assemblies was another form of human rights violation, regarding which the report underscored that the military was deployed to police protests, while the counter-terrorism unit and men-in-black were used for crowd control, and the crowd control Police had not been properly trained in human rights. With regard to the use of force against peaceful assemblies, it was noted that firearms were used to kill and injure protestors, teargas and water cannons were used indiscriminately, protestors were attacked and beaten, bystanders, journalists, and lawyers were targeted and medics were obstructed, while barricades posed a danger to protestors and journalists. Notably, the report pointed out that the use of teargas on protestors harmed their health, and that teargas was aimed directly at protestors and used in confined spaces. In addition, the arrest and detention of protest organisers and participants and the absence of accountability for human rights violations were highlighted in the report.
Protecting the freedom of peaceful assembly in the future
In order to uphold the right to freedom of peaceful assembly in Sri Lanka in a manner that is consistent with the country’s international human rights obligations, the FIDH called on the Sri Lankan Government to implement without delay, a number of recommendations. Recognising that the freedom of peaceful assembly plays a decisive and indispensable role in the existence of an effective democracy, and that assemblies are presumed to be lawful and peaceful in accordance with international human rights standards, were among the top recommendations presented in the report.
In addition, it stated that the Government should guarantee a conducive and safe environment for all those who exercise, or seek to exercise, their right to the freedom of peaceful assembly, including women, youth, persons’ with disabilities, lesbian, gay, bisexual, transgender, intersex and queer, and questioning persons, those belonging to minorities, and other marginalised groups. It was also recommended to ensure the protection of all individuals who exercise their right to the freedom of peaceful assembly from attacks, harassment, and intimidation, including by non-State actors. Among the other recommendations were putting an end to all acts of harassment, including at the judicial level, against all peaceful assembly organisers and participants, and to ensure that they are able to exercise their legitimate rights to the freedom of opinion and expression and the freedom of peaceful assembly without any hindrance or fear of reprisal, ensuring that Government laws, policies, and practices on the right to the freedom of peaceful assembly are consistent with Sri Lanka’s obligations under international law, and refraining from using national security legislation, including the PTA, to criminalise assembly organisers and participants for the legitimate exercise of their right to the freedom of peaceful assembly.
In order to ensure accountability, the report recommended that the Government carry out prompt, thorough, effective, and impartial investigations into all allegations of attacks, threats, harassment, and other human rights violations against those who exercise their right to the freedom of peaceful assembly, and hold the perpetrators accountable, and to ensure that participants in assemblies who have suffered violations of their right to the freedom of peaceful assembly have access to effective remedies, as guaranteed by Article 2(3) of the ICCPR.
In addition, a number of recommendations were presented with regard to various restrictions that have an impact on the freedom of peaceful assembly. The report noted that the Government should ensure that all restrictions on the right to the freedom of peaceful assembly are prescribed by law, necessary in a democratic society, and are proportionate to the aim pursued, and that any restrictions should be subject to an independent, impartial, and prompt judicial review. It was further recommended to refrain from enacting new laws, rules, and regulations that unduly restrict the right to freedom of peaceful assembly, refrain from declaring a state of emergency in the absence of the prerequisites outlined in Article 4 of the ICCPR, ensure that the prior notification process under the Police Ordinance is not used as a de facto authorisation system to regulate the exercise of the right to the freedom of peaceful assembly, consider amending the notification requirement for processions under the Police Ordinance in order to facilitate spontaneous or urgent processions, and refrain from imposing blanket bans on assemblies in public places and/or surrounding Government buildings.
With regard to the policing of assemblies, the report recommended that the Government refrain from any form of unwarranted interference with peaceful assemblies, such as prohibiting, dispersing, blocking, or disrupting peaceful assemblies without compelling justification. Refraining from deploying members of the armed forces, counter-terrorism Police units, or unidentified personnel for the policing of assemblies, was also among the recommendations.
In regard to the use of force in dealing with assemblies, it was recommended to ensure that any use of force to disperse assemblies is in accordance with international human rights law and international standards, including the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the Code of Conduct for Law Enforcement Officials, adopt clear guidelines for the Police to ensure that assemblies are only dispersed as a last resort, if they are no longer peaceful, or where there is clear evidence of an imminent threat of serious violence that cannot be reasonably addressed by more proportionate measures such as targeted arrests, adopt clear command structures and protocols that underpin accountability for the use of force at assemblies, particularly to ensure the reporting and identification of officers who resort to the use of force, and refrain from arresting and detaining participants in peaceful assemblies.
Providing training to law enforcement officials to respect and protect the rights of peaceful assembly participants, including females, children, and persons with disabilities, conducting periodic human rights training to law enforcement officials, with the assistance of the relevant domestic and international human rights bodies, on the policing of assemblies, and conducting the periodic training of law enforcement officials on the appropriate manner in which lethal and less lethal weapons may be used as a means of crowd control, were also among the recommendations.
The recommendations paid attention to protecting the rights of observers, and stated that the Government should guarantee that law enforcement officials policing assemblies respect and ensure the rights of journalists, lawyers, medical personnel, and assembly observers. The report further recommended that Sri Lanka recognises the right of journalists and observers of assemblies to record the actions of law enforcement officials, without any hindrance or fear of reprisal, and ensures that journalists, lawyers, medical personnel, and observers do not face reprisals or harassment for their work related to such assemblies.