Image: An activist protest against suppression of media Freedom.
22nd June, 2023
We the undersigned individuals and organisations are deeply concerned by the continuing abuse of law including the International Covenant on Civil and Political Rights (ICCPR) Act, No. 56 of 2007 and its selective application to violate the freedom of expression in Sri Lanka. The state has systematically used the ICCPR law, which was meant to promote and protect human rights, to silence and punish human rights defenders, political activists, writers, artists, and lawyers.
We strongly condemn the recent arrests of comedian Nathasha Edirsooriya and owner of the SLVlog YouTube Channel, Bruno Diwakara, under the ICCPR Act without recourse to bail.
On 21 June 2023, Divakara was released on bail and the ICCPR Act was removed from the case against him. Nathasha Edirisooriya was denied bail under the ICCPR and the Penal code, and remains imprisoned until 05 July 2023.
The ICCPR Act was enacted in 2007 to give effect to the ICCPR, which is a core international human rights convention, and to signal that Sri Lanka was effectively implementing its obligations under this treaty. The implementation of the ICCPR Act is a key benchmark with respect to Sri Lanka’s human rights record both nationally and internationally.
The United Nations Human Rights Committee, the body responsible for monitoring implementation of the ICCPR, in its review of Sri Lanka in 2023, expressed concern over the abuse of the ICCPR Act “to stifle freedom of expression, as well as the failure of the authorities to grant bail in a timely manner to individuals charged under the Act”. The Committee recommended that Sri Lanka “[r]efrain from prosecuting and imprisoning, including under the International Covenant on Civil and Political Rights Act, journalists, media workers, human rights defenders and other civil society actors as a means of deterring or discouraging them from freely expressing their opinions”. The abuse of this law is deeply damaging not only to those being targeted and jailed, but also to Sri Lanka’s attempts to overcome the current political, social, and economic crisis.
Since its enactment, the ICCPR Act has been repeatedly abused to target human rights defenders, political activists, writers, artists, lawyers, and now comedians. Section 3 (1) of the Act states that “No person shall propagate war or advocate national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence”. The provisions of Section 3 are particularly dangerous, as it empowers the state to arrest and jail those targeted without recourse to bail. Per Section 3 (4) of the Act, a person arrested under this Act is denied access to bail unless through the High Court in exceptional circumstances.
In Nathasha Edirisooriya’s case, the comedian received serious online threats for days prior to her arrest on 27 May, 2023. These threats prompted her to attempt to leave the country for her safety.
In September 2019, the Human Rights Commission of Sri Lanka issued guidelines on the application of the ICCPR Act noting that “the enforcement of section 3 of the ICCPR Act has not been done in a consistent and an even-handed manner”. Recent arrests indicate that the Sri Lankan state has paid scant attention to national or international pressure on its human rights record or use of this law.
The Sri Lankan state continues to weaponise provisions relating to incitement of national, racial, or religious hatred to stifle the freedom of expression. Its actions have also emboldened chauvinistic and violent extremist groups to target, label and openly threaten individuals for their expressions.
In Nathasha Edirisooriya’s case, the comedian received serious online threats for days prior to her arrest on 27 May, 2023. These threats prompted her to attempt to leave the country for her safety. The threats included revealing her personal data and address, threats of physical violence, and repeated threats of arrest. Instead of protecting her, the Sri Lankan authorities arrested the comedian, who remains in jail to date.
We call for an immediate end to the abuse of the ICCPR Act, legal reform and mechanisms to ensure its proper implementation and prevent abuse. We call for the release of those held under this law, and that at a minimum, they are provided access to bail while investigations continue.
Ethnic and religious harmony remains a challenge in Sri Lanka, where chauvinistic and violent extremist groups are empowered to attack, label, and threaten minorities and those who speak out. Jailing human rights defenders, political activists, artists, writers, lawyers, and comedians, without basis, will only erode trust in a system that is already beset with multiple crises.
Signatories;
Individuals
- Ajitha
- Ambika Satkunanathan
- Amila Dunuwille
- Amila Sandaruwan
- Angelica Chandrasekeran
- Angeline Ondaatjie
- Anithra Varia
- Anoma Wijesuriya
- Anuruddha Bandara – Social & Political Activist
- Anuruddika Piyasena
- Aruna Paul Simittrarachchi
- Asma Edris
- Gowthaman
- Sukitha
- Bertha Dharmadasa
- Bishop Duleep de Chickera
- Bishop Kumara Illangasinghe
- Brendan Babapulle
- Chaminda Dias
- Chanaka Karunarathne
- Channaka Jayasinghe
- Chandrika Gadiewasam – Freelance Journalist
- M. Dissanayake – AAL
- Damith Chandimal – Human Rights Activist
- Deanne Uyangoda
- Denver Peterson – Activist
- Deshamanya Godfrey Yogarajah
- Dilani Ubayasiri
- Farah Mihlar
- Mareena Thaha Reffai
- Paikiasothy Saravanamuttu
- Ranil D. Guneratne
- Sakuntala Kadirgamar
- Sanjana Hattotuwa
- Shermal Wijewardene
- Zackariya
- Fathima Nabeela Iqbal
- Fuzly Mohamed
- Gamini Akmeemana
- Geethika Dharmasinghe
- Gehan Gunatilleke – AAL
- Gregory Wise
- Hilmy Ahamed
- Hussain Shamil
- Ian Ferdinands
- Iranthi Abeyasinghe
- Ishan Jalill – Ability for Action
- K.H.S.L. Perera
- Thayalini
- Varayalini
- Janaki Fernandopulle
- Jansila Majeed
- Jayanthi Kuru-Utumpala
- Jehanki Anandha
- Jemima Ahmad
- Jenat Silva
- Joanne Senn
- G.R. Dilshan
- Hemalatha
- Saththiyaseelan
- Kaushalya Ariyarathne
- Lakshman Gunasekara – South Asian Free Media Association – Sri Lanka Chapter
- Nirmalathevi
- Madhubhashini R. Rathnayaka
- Manjula Gajanayake
- Mario Gomez
- Marisa de Silva
- Marisa Fernando
- Melani Gunathilaka
- Melani Manel Perera – Journalist
- Arththigan
- Krishnakumar
73. Nagulan Nesiah
- Neranjan Maddumage
- Nilshan Fonseka
- Niran Wirasinha
- Nirasha Fernando
- Nishan de Mel – Economist
- Parakrama Bokalawela
- Pasan Jayasinghe
- Pathum Egodawatta
- Philip Dissanayake
- Premila Naguleswaran
- Arjuna Parakrama – University of Peradeniya
- Jayadeva Uyangoda
- Sumathy Sivamohan – University of Peradeniya
- Pujitha Ubayasiri
- Kounthini
- Ranjan – AAL
- Robinson
- Saththiya
- Rajany Rajeshwary
- Rajkumar Rajeevkanth
- Ramya Kumar – University of Jaffna
- Ranmali de Zoysa
- Andrew Devadason
- Dr. Jayasiri T. Peiris
- Fr. Jeyabalan Croos
- Fr. Nandana Saparamadu – Catholic Diocese of Colombo
- Fr. Sarath Iddamalgoda
- Sr. Nichola Emmanuel
- Sr. Noel Christine Fernando
- Rohana Hettiarachchi
- Ruki Fernando
- Rushani Wise
- Ruwanthie de Chickera – Artist
- Ryan Silva
- C.C. Elankovan – Lawyer and Development Consultant
- Easwary
- Ethayarani
- Kopika
- Mariyarosalin
- Niththika
- Ratnajeevan H. Hoole – Former Member, Election Commission of Sri Lanka
- Suganthi
- Tharsan
- Thileepan
- Sabra Zahid
- Sabrina Symons
- Sakuna Gamage
- Saman Seneviratne
- Sandun Thudugala
- Sandya Salgado
- Sanjee Goonetilake
- Sankha Ranadheera
- Sarah Arumugam
- Sarath Ratwatte
- Senel Wanniarachchi
- Serena Burgess
- Setunga Mudalige
- Shamala Kumar – University of Peradeniya
- Shamalee de Silva
- Sharmini Ratwatte
- Sheila Richards
- Shreen Saroor
- Siritunga Jayasuriya
- Sitralega M. – Independent Feminist Researcher, Batticaloa
- Soraya M. Deen – Lawyer & Community Organizer
- Srinath Perera – AAL
- Suchith Abeyewickreme – Civil Society Activist
- Sunanda Deshapriya – Journalist, Writer and Human Rights Activist
- Suren D. Perera – AAL
- Swasthika Arulingam
- Tharindu Jayawardhana
- Tharindu Uduwaragedara
- Thasneema Dahlan
- Themal Ellawala – Department of Anthropology, University of Illinois, Chicago
- Thiagi Piyadasa – AAL
- Thilina Madiwala
- Thyagi Ruwanathirana
- Tisaranee Gunasekara
- Shamini
- Fr. Samuel J. Ponniah
- Vidarshana Kannangara
- Vinuk Ubayasiri
- Vraie Cally Balthazaar
Organisations
- Centre for Policy Alternatives (CPA)
- Community Welfare and Development Fund (CWDF)
- Forum for A Plural Democracy
- Hashtag Generation
- Human Rights Office (HRO), Kandy
- Institute for Democratic Reforms & Electoral Studies (IRES)
- International Centre for Ethnic Studies (ICES)
- Joint Teacher’s Service Union
- Law and Society Trust (LST)
- Liberation Movement
- Mass Movement for Social Justice (MMSJ), Colombo
- com Network
- Muslim Women’s Research & Action Forum
- National Peace Council (NPC)
- North South Solidarity
- Right to Life Human Rights Centre
- Search for Common Ground
- Sisterhood Initiative
- Solidarity Movement for North and East People’s Struggle
- The Muslim Council of Sri Lanka (SLMC)
- Vallamai Movement for Social Change
- Voice of the Plantation People Organization
- Women’s Action Network (WAN)
- Women for Justice and Peace in Sri Lanka
- Young Journalists Association (YJA)