Violence against Muslims

Justice for Easter Sunday and Justice for Hejaaz: A Christian perspective

First published at https://economynext.com/justice-for-easter-sunday-and-justice-for-hejaaz-a-christian-perspective-70287/on 24th May 2020

Most of the victims of horrific Easter Sunday bombings were Christian, majority killed inside three churches, and the bombers were Muslims. Immediately after the attacks, many Muslims unreservedly condemned the attacks and offered support and solidarity to mostly Christian survivors and families of victims. As churches across the country closed in the aftermath of the bombings, at least one Mosque offered to host Christian prayer services. Several years before the bombings, Muslims had protested and informed government authorities about growing extremism and tendencies towards violence amongst few within their community, including of the alleged ring-leader[i].

But after the Easter Sunday attacks, Muslims faced hostility, discrimination and physical attacks on places of worship, houses and businesses. One person was killed in reprisal attacks[ii]. Even refugees and asylum seekers from other countries such as Pakistan and Afghanistan, who had fled persecution by Muslim extremists and were residing temporarily in Sri Lanka, were perceived as Muslims supporting terrorism and subjected to reprisals[iii]. Easter bombings gave a new lease of life to anti-Muslim sentiments, hostilities, discrimination and violence that had preceded Easter Sunday attacks[iv]. This ant-Muslim sentiment has further escalated during COVID19[v].

The multi-party parliamentary select committee that probed the Easter bombings held many hearings last year. The findings in the report released in October 2019 indicates senior officials and senior politicians may not have taken preventive actions[vi]. What follow up has been done by law enforcement agencies and prosecutors is not clear.

The arrest of Hejaaz Hizbullah and other suspects for Easter Sunday bombings

As the anniversary of the bombings approached, and with parliamentary elections looming, there was a fresh wave of arrests in relation to Easter bombings. On 15th April this year, police announced 197 suspects had been arrested[vii]. Some have been detained for around a year without being formally charged. Amongst those arrested in April this year was Hejaaz Hizbullah, a lawyer, who had been involved in work towards ethnic harmony, democracy and social work. He and his siblings had studied in Christian schools, had many Christian friends and the family had regularly helped in festivities of a Catholic church close to their house. The family had also admitted Christian refugee children to the school they owned on concessionary terms and a charity that Hejaaz was part of had helped a Catholic organization supporting the urban poor. Hejaaz had been invited and joined Church led initiatives towards inter-ethnic and inter-religious harmony, where he had spoken critically about extremist tendencies amongst some Muslims.

Hejaaz’s immediate reactions to the bombings, was to tweet “They are not one of us. Those responsible must be found and prosecuted and the law applied to the fullest extent”[viii]. Two days later, he tweeted that “anti-Muslim hate in #lka (Sri Lanka) had contributed to radicalize young Muslims but does not justify violence”[ix].

Hejaaz’s arrest has been widely condemned for being arbitrary and without due process[x], which is probably the same for many others arrested in relation to Easter bombings and PTA. According to Hejaaz’s family members and junior lawyers, arresting officers had called ahead saying they were health officials and had breached lawyer-client confidentiality by accessing files of Hejaaz’s clients[xi]. He is reported to have been arrested under the Prevention of Terrorism Act (PTA), but the 72 hour timeframe to serve a detention order or produce him before a magistrate was violated. After a month, he has not been produced before a Magistrate, which violates the Sri Lankan Supreme Court’s directives, according to a letter to the Bar Association of Sri Lanka, signed by 185 lawyers. [xii].The habeas corpus application filed in his case, seems to be in limbo and the fundamental rights petition is still at initial stages. Hejaaz has been denied meaningful access to his lawyers, which is absolutely essential for a fair trial, except for short periods in presence of police officers. I’ve seen several statements by police about his arrest to the media, but nothing has indicated he was involved in the bombings. Recently, his family members were compelled to protest against a vicious media campaign propagating false information[xiii].

After Hejaaz’s arrest, three children aged 11, 13 and 16 years are reported to have submitted petitions to the Supreme Court, alleging that they were forcibly taken by the Criminal Investigation Department (CID) of the police to an undisclosed location. They were not accompanied by guardians and no arrest note or information had been provided to the guardians about where the children were taken[xiv]. The children allege that they had been shown photographs and threatened to admit persons in the photograph had preached extremist and violent ideas in the school they had received scholarships to study. The children had also been asked whether they had received weapons training, which they had denied. They were videoed and asked to place their signatures on documents that they could not read. All three boys are from poor families and the school they had received scholarships to study was funded by a charity of which Hejaaz is a trustee. There have also been media reports that the children have been threatened to withdraw the petitions they had made to the Supreme Court[xv].

Terror of the PTA  

Until the Easter bombings, the Prevention of Terrorism Act (PTA) has been used mostly to arrest and detain Tamils, in context of the government’s war against the Liberation Tigers of Tamil Eelam (LTTE). It was also used against government critics, including journalists and rights activists and church workers. The PTA has led to arbitrary arrests, prolonged detention without charges, long drawn out court cases, multiple cases against one suspect, inhumane detention conditions, torture and long years to release suspects and accused who are not guilty. There are reports about a PTA detainee spending 15 years in prison before being formally charged and 20 years for case to be concluded[xvi]. There have also been reports about PTA detainees being acquitted as not guilty by courts after spending long years in prison, including 15 years in one case[xvii].

Unlike in trials related to many other crimes, confessions in police custody are allowed in PTA cases, despite the tendency to obtain forced confessions through torture or threat of torture[xviii], which has also made PTA trials longer. Many Tamil detainees have been forced to sign confessions written in Sinhalese, a language they didn’t understand[xix]. For those arrested under the PTA, the process is punishment.

Pursuing justice through due process, rule of law and with dignity and rights for all 

Jesus was crucified through a populist and unfair trial, based on false accusations and after being subjected to torture, cruel, inhumane and degrading treatment. One of Jesus’s apostles, Paul, was detained for several years based on false accusations, was flogged while in detention, but his captors had regularly produced him before several judges allowing him to be heard.

According Pope John Paul II, “safeguarding the rights of accused against summary trials and convictions are principles that are primarily rooted in value of the person and moral demands of functioning states” and “when these principles are not observed, the very basis of political coexistence is weakened and the life of society itself is gradually jeopardized, threatened and doomed to decay”[xx]. Pope Francis has insisted that “to speak of human rights means above all to restate the centrality of the human person, willed and created by God in his image and likeness”[xxi].

Struggling for justice is an integral and not an optional part of Christian faith. It is a sacred Christian duty to promote and protect rights and dignity of survivors, victim families and others affected by violent incidents, including horrific attacks on churches such as on Navaly and Allaipiddy Catholic churches in the Jaffna district in 1995 and 2006 and the Easter bombings last year.

But as Christians, we also need to promote and protect rights and dignity of suspects and accused, such as Hejaaz. Especially in the painful historical context that many PTA detainees end up being found not guilty by courts and that theirs and their families lives are ruined, by having to spent most of their youth behind bars, their mental and physical well-being severely affected due to long term detention in inhumane conditions and torture. And we must never justify or tolerate attempts to abandon due process, rule of law and resort to arbitrariness in the pursuit of justice.

Rights of survivors, victim families and affected communities and the broader cause of justice for everyone, is strengthened and becomes meaningful only when rights of suspects and accused are respected, and justice is obtained through a due process that respects rule of law and devoid of arbitrariness.

After the Easter bombings, the politically and socially influential Archbishop of Colombo, Malcolm Cardinal Ranjith played important roles in providing support and care for those injured and families of the dead, demanding for justice and appealing to all Sri Lankans, especially Catholics, to be restrained and not to retaliate against innocents. A year later, as hostilities against Muslims continues and justice for Easter Sunday is threatened by resort to arbitrary actions such as against Hejaaz, the Cardinal, all Christian leaders and communities must insist that seeking truth and justice must be within the framework of rule of law. That is what will ensure the integrity of our faith as Christians, our humanity and democracy. There must be justice for Easter Sunday, but there must also be justice for Hejaaz and others subjected to arbitrary arrest, detention and other forms of violence, harassments and discrimination in the aftermath of Easter bombings.

* Ruki Fernando is a Catholic human rights activist working with various Christian and secular rights groups. He is a member of the Justice, Peace and Integrity of Creation Commission of Conference of Major Religious Superiors of Catholic Church in Sri Lanka and was member of the Chaplaincy team of International Movement of Catholic Students (IMCS) – Asia Pacific.

Sinhalese translation published at https://medialk.com/Sinhala/ReadPost/2289 on 29th May 2020

Tamil translation published at https://medialk.com/Tamil/ReadPost/2289 on 29th May 2020

Corona and curtailed Human Rights

First published on 3rd May 2020 at http://www.commonviews.org/corona-and-curtailed-human-rights/

As fears and concerns persist about spread of COVID19 in Sri Lanka, there are rising fears and concerns about declining democracy and rising threats to rule of law and rights violations. Rights are being restricted, powers of the executive, police, military, and government officials are increasing and checks and balances and possibilities of legal remedies for victims are decreasing. Governments, some media, and others with vested interests are seeking to propagate that these must be tolerated at the time of crisis. In any crisis, the politically, economically and socially vulnerable and marginalized become even more vulnerable and marginalized.  In Sri Lanka, they include COVID19 patients and their families, families of those who died, survivors and families of past victims of past rights violations, ethnic and religious minorities, those with disabilities, women, children, elderly, refugees, prisoners, farmers, fisherfolk, factory workers, estate workers and workers in the informal sector etc. Below are some significant rights concerns amidst the fight against COVID19 in Sri Lanka.

1. Stigmatizing and degrading treatment to the deceased, patients and the poor

The first Sri Lankan COVID19 infected person was identified on 11th March. Since then some TV stations and social media had publicized false information about the patients, suspected patients, and even the dead. They had invaded the privacy of patients and suspected patients, those being quarantined, often in the presence police and military, and with their tacit support. It was only after around six weeks of this drama that the Secretary to the Ministry of defense appealed to stop this after about 250 military personnel were infected. On 17th April, police lined up over 300 beggars in Colombo and compelled them to have a bath in the open air without any privacy, with media being allowed to film and take photographs, resulting in this being a splash on national TV stations newspapers and social media. Photos and videos indicated some men having collective showers, without maintaining physical distance. Disinfecting of both men and women was also done in public, in front of cameras. Some media used the term “watte” to describe an area in Colombo where large numbers of COVID19 infected patients were found. This term implies low-income areas with small and basic houses close to each other with basic facilities, such as shared toilets. The lady who was believed to be the first patient from this community was particularly targeted, being referred to as the “Coronona lady”, thereby setting the area on “COVID fire”.

2. Hostility towards Muslims and Christians

Muslims have been blamed for being responsible for COVID19 and were the target of hate speech, and much of this was based on false news. On two occasions, police had arrested some persons, but most seemed to get away with hate speech and false news. The World Health Organization’s guidelines pertaining to the disposal of bodies of those who die of COVID19 provide for both cremation and burial, which was reflected in Sri Lankan Health Ministry guidelines of 27th March. But officials hurriedly cremated the first Muslim in Sri Lanka who died of COVID19, being indifferent to the wishes of the family and Muslim community leaders and then amended their guidelines to allow only cremations, without any explanation for the changes. On one occasion, constant reference by many media, especially Tamil media, to religion and occupation of one infected person as a “Pastor” has created an environment where there could be hate and hostility towards the Christian community of that person or to Christians more broadly.

3. Prisoners and Refugees 

Even before COVID19 deaths in Sri Lanka, two prisoners died of shooting, in COVID19 related tensions in a prison. Sri Lankan prisons have a capacity to accommodate 10,000 people but are overcrowded, with about 26,000 inmates at present, making them high-risk places for COVID19, with no possibility for social distancing and hygienic practices. The Human Rights Commission of Sri Lanka and civil society groups were demanding the release of prisoners. The government had released about 3000 by early April, and the Attorney General had advised the police on schemes of releasing more prisoners. However, some inmates, such as those detained for long periods under the Prevention of Terrorism Act (PTA), without having been charged and trials being completed are not included in these schemes. Detainees who were released last month had reported of beatings, severe overcrowding, and unhygienic conditions, and lack of adequate medical facilities in detention facilities. As visits by families and well-wishers have been stopped, detainees are unable to get even their basic needs from outside.

Refugees and asylum seekers living in Sri Lanka temporarily are not included in assistance schemes by the government and various UN agencies. In the context of curfews in the country and lockdowns across the world, they also find it difficult to receive money from their friends and relatives, which had been crucial for their survival. Amidst widespread stigmatization of Sri Lankan Muslims, refugees also fear being perceived as being Muslims and being targeted, similar to the way they faced physical attacks and evictions after Easter Sunday bombings. And in the long term, they fear that their already delayed resettlement to 3rd countries such as the USA and Canada may be further delayed.

4. Right to food, emergency assistance and workers

With the imposition of island-wide curfew for one month, food became a major concern, particularly for poorer sections of society. The government announced a relief package of Rs. 5000 per family, focusing on daily wage owners and other low-income earners, but there have been widespread allegations of officials charging money for applications, long lines of people to collect the Rs. 5,000, allegations of being left out unfairly, tensions between beneficiaries and officials. The assistance scheme is said to be in favor of government supporters. Many migrant workers from far away districts had been stranded, without income or food, but had not received any government assistance. Calls to designated numbers and meetings with local officials and police had not brought any relief. In the North and East, there were allegations that the Governors (representative of the President) were not approving the use of emergency funds by local government officials and local government officials had sought the help of civil society groups to provide humanitarian assistance to people in need. There have been several reports of those distributing humanitarian assistance being obstructed, facing intimidation, threats from politicians, police, and military, and some being arrested. Some workers had not received wages for work done before the sudden imposition of curfew and some employers are demanding amendment of labor laws that provide protection to workers from arbitrary termination.

5. Repression of free expression and impunity for hate speech, false and misleading news

One of the biggest blows to free expression was when online activist Ramzy Razeek was arrested on 9th April for a Facebook post calling for an ideological struggle using a pen and keyboard and media. He has been a consistent advocate of ethnic harmony and challenged extremism within the Muslim community and against Muslims. He has been remanded till 14th May and the police have implied intentions to charge him under the ICCPR Act. Ramzy had received death threats online and had complained to the police about these before his arrest, but no one has been arrested for death threats made against him.

On 1st April, the police announced that those criticizing and pointing out shortcomings of government officials would be arrested and have legal actions taken against them. Several people who had criticized the government were reported to have been arrested, faced intimidation and discrediting online. The media reported that Police were seeking to arrest 40 persons for spreading false information and there had been other reports that 17 had been arrested by 17th April.

However, the process of such arrests appears to be discriminatory targeting individuals who seem to be critical of the government with small outreach, whereas persons and media institutions supporting the government with massive outreach such as some TV stations and newspapers, seem to enjoy impunity for publishing false and misleading information. The “Sunday Observer”, a state-owned and controlled newspaper reported the Health Minister saying that “by April 19 all possible COVID-19 patients in Sri Lanka will disappear and the people who had it without any symptoms or with mild symptoms will completely recover”. Another leading newspaper, “Lankadeepa”, published headlines on its front page quoting the Director-General of Health Services as saying the risk of corona was over. This was corrected and an apology offered 2 days later, but with less prominence than the false headline. The media group “Ada Derana” published a hugely misleading graph about numbers of COVID19 patients in Sri Lanka. In early April, the Sri Lanka Tea Board reported that they had devised a plan to promote Ceylon black tea as a drink that could prevent COVID19, but the Director of the Sri Lanka Medical Research Institute was reported to have confirmed that there is no research on the benefits of drinking tea for Covid-19 patient and that it cannot be touted as a preventive measure or a treatment in the case of Covid-19. On 21st March, the former Governor of Western Province and National List candidate for upcoming Parliament elections from the President’s Sri Lanka Podujana Peramuna, Dr. Seetha Arambepola, was quoted as having said that the State Pharmaceutical Corporation had ample stocks of a secret medication for Corona, and that it could be used after approval from specialist doctors.

6. Militarization

The response to COVID19 in Sri Lanka is excessively militarized, with the Army Commander being appointed as the head of the National Operations Centre on COVID19. The Secretary to the Ministry of Defiance, a retired senior Army officer, features prominently and regularly on national media on matters relating to COVID19 than any other Ministry Secretary. A Presidential Task Force in charge of Economic Revival and Poverty Eradication is also packed with military officers. The military has been involved in running a large number of quarantine centres and in the heavily militarized war-ravaged north, the military is also involved in curfew pass issuing activities.  This militarization is in context of the military personnel in Sri Lanka having been convicted and still standing accused in pending cases for massacres, killings and abductions by Sri Lankan courts and facing allegations of war crimes and crimes against humanity from the UN and international human rights groups, with the present Army Commander having been banned from entering the United States of America earlier this year. On one occasion, soldiers had removed a family from a village facing a high risk of COVID19 without the knowledge of the health authorities. People in the North protested in fear about schools in the North being used for quarantining military personnel, and later, the Secretary to the Ministry of Defence said that schools will be used to accommodate soldiers and not as quarantine centres. Surveillance of activists and journalists by intelligence agents, which was common in Sri Lanka during and after the war, may expand during and post COVID19 operations by the military, with the Secretary to Ministry of Defence claiming that he has details of all COVID19 victims in his mobile phone.

7. Rule of Law and Political crisis

While accepting the need for curfew, at least one senior lawyer and others have pointed out the lack of legal basis for the curfew the government had announced since 20th March. More than 42,000 people have been arrested and more than 10,000 vehicles were taken into custody, and legality of this is also not clear. In Colombo and Jaffna, there have been allegations of people having been beaten up by police and the army for being on the street. The Coastal Conservation Department has been criticized for lack of environmental and social considerations in its Mount Lavinia beach development project and un-democratic, not-transparent action while the country was under lockdown due to COVID19.

There has also been widespread condemnation about the lack of due process in the arrest of prominent lawyer Hejaaz Hizbullah on 14th April. He had had very limited access to family and lawyers, the specific reasons for his arrest are not clear and the Attorney General and the police failed to turn up in courts when a habeas corpus application by his family was taken up in courts on 30th April.

The curfew had also restricted people’s access to courts to seek remedies for violations and imminent violations, particularly for those from poorer sections of society, for whom access to lawyers and legal remedies have always been limited, even prior to COVID19. Due to the limited number of court staff, it had become difficult for lawyers to obtain court proceedings and confer with detained clients, both of which can affect the preparation for court hearings.

In the early stages of curfew, President granted a pardon to a soldier convicted of the massacre of 8 Tamil civilians, including children. There has also been a report that the soldier had been paid back wages for the time he had been imprisoned and that the Army had accompanied him back home from prison.

On 2nd March, the President dissolved parliament advancing 6 months ahead of the schedule. However, the Election Commission postponed the elections and subsequently rescheduled it for 20th June. This will mean Sri Lanka will be without a parliament for more than the constitutionally allowed period of 3 months. This has led to some lawyers and politicians stating that the dissolving of parliament is invalid and old parliament has sprung back to life, as the presidential power to dissolve parliament early is subject to a condition of parliament re-convening within 3 months. Opposition politicians have also claimed the parliament needs to approve expenditure from 1st May onwards, but the government has insisted the President has constitutional powers to draw from the consolidated fund.

Conclusion

The number of COVID19 infected patients and deaths have been relatively less in Sri Lanka than many other countries, including in Asia. But the numbers of patients are rising, and so are fears, uncertainties, and economic woes, including food security, livelihoods, and unemployment. Reducing militarization and politicization and respect for rule of law, human rights, especially freedom of expression, rights of minorities, workers, and environmental justice will be crucial in determining Sri Lanka’s post COVID19 progress. Reviving long term struggles for justice, such as by communities whose lands were occupied by the military and families of those who disappeared will also pose a challenge.

Christians and Religious Freedom under fire

First published at http://www.sundayobserver.lk/2019/04/21/opinion/christians-and-religious-freedom-under-fire on 21st April 2019

From February 3 to April 14 this year, across Sri Lanka, there has been some sort of disruption against a Christian worship service every Sunday – on 11 successive Sundays to be specific.

Christians in Sri Lanka suffer violations of their right to religion and belief regularly, but most incidents do not make it to the news – or even to the Twittersphere. But the attack on the Methodist Church Centre in Anuradhapura, last Sunday, which was also Palm Sunday, a day of religious significance for Christians, was widely reported because of the forthright personal testimony and determined efforts of the President of the Methodist Conference, Bishop Asiri Perera, who had experienced the attack first hand.

In the past two months, this same church centre had obscenities shouted and stones pelted at it. A Municipal Councillor and villagers had forcibly broken in and threatened the priest and worshippers with assault. The Sunday before the Palm Sunday attack, they had cancelled the service due to intense pressure about the legality of their premises and services.

Types of violations

The violations reported this year against Christians include forcible entry to places of worship while services were ongoing, disrupting services, damaging properties, throwing stones and gathering outside places of worship in a threatening manner. Those leading prayers, hosting prayer services and participants have been threatened and obscene language used against them. Among the more serious violations was an assault of two females in two different incidents, a death threat and a threat to burn a place of worship.

At least 15 police complaints have been filed, some dealing with several violations. In some cases, police had refused or been reluctant to take complaints, sometimes going to the extent of siding with the alleged perpetrators, mocking and admonishing victims. On some occasions, police had refused to take matters to courts, demanded that victims file private plaints, and even refused to offer protection.

The right to Religion or belief cannot be restricted under any circumstances in the Sri Lankan Constitution. But one of the most regular violations have been questioning the legality of Christian prayers and places of worship, by Government officials, police, bhikkus and ordinary persons, often demanding registration, authorisation or approval from an official. Only on a few occasions have the police insisted on the right to freedom of religion or belief of Christians.

Numbers

This year, at least 13 churches and one individual have been affected in nine districts, with about 35 incidents and about 70 violations. Some churches have been affected multiple times, with multiple violations, such as disrupting a service, assault, death threats, shouting obscenities and damage to property.

Such violations against Christians have occurred regularly in Sri Lanka over several years, under successive governments.

A report by Verite Research in 2014 reported that a state institution or public servant was recorded as the key perpetrator of religious violence against Christians in 175 incidents (18%) out of 972 incidents examined between 1994 and 2014. Many of these have been diligently documented for years by the National Christian Evangelical Alliance of Sri Lanka. 226 incidents of violence against Christians have been reported between January 2015 – June 2017 and 86 incidents in 2018. Many of the Christians under attack have been small rural Christian communities.

They have had little support from Churches which wield more political-social influence such as the Catholic Church, and various inter-religious bodies operating at local and national level. Though I have focused on the situation of Christians here, Muslims too have been under fire in Sri Lanka, with some of the harshest violence against them being concentrated within a few days in towns such as Aluthgama in 2014 and Digana in 2018. There have also been reports of violations against Hindus.

Way forward

Impunity has served as a licence for continued violence against religious minorities. Despite compelling evidence in some incidents, there has been a reluctance to use the existing legal framework to arrest and prosecute those responsible. Ironically, the ICCPR Act was recently used to imprison a writer and suppress free expression based on complaints by a Buddhist group that the writer has caused pain of mind to Buddhists and insulted Buddhism, but the same Act has not been used to arrest and prosecute those responsible for blatant and serious violations against Christians. Political will and legal action is essential to protect the rights of religious minorities.

Asserting rights sensitively would help, but it is unfair to expect victims to compromise and tolerate violations of their inalienable rights. Rather, the ‘good’ among the majorities, especially, Buddhists, must proactively protect the rights of religious minorities being persecuted and the more influential Christian churches must show support and solidarity to smaller and more vulnerable churches.

Unless and until all persons and communities, especially, the minorities and the vulnerable, can freely practise their religion without fear, religious harmony and co-existence will be a myth.

****

Examples of violations against Christians in 2019

1. As a female pastor and worshippers were preparing for a Sunday worship service, a mob of around 200 led by some bhikkus had forcibly entered the church premises, demanded to stop the worship, threatened the worshippers in obscene language, and damaged furniture and roofing sheets. A bhikku had threatened the Christians with death if they refused to stop their worship. The mob had also dragged a female worshipper on to the street, threw her at the feet of the bhikkus, and beaten her, and she had to be hospitalised. Some of the bhikkus had lodged a complaint, claiming the pastor was breaching the peace. At an inquiry, the monks and villagers had demanded the pastor stop conducting her services and only engage in worship in private. The Officer-in Charge (OIC) had told the pastor to comply with the demands of the monks and said the police wouldn’t provide her with further protection.

2. While a Sunday worship service was ongoing, bhikkus and a group of youth had forcibly entered the place of worship, shouting in obscene language and threatened the worshippers. Later, the policemen in civil clothes had tried to compel the pastor to attend an inquiry within 15 minutes, despite the pastor’s request for adequate time to consult his lawyer.

3. While a Sunday worship service was ongoing, a bhikkus had stood outside taking pictures of the premises and later, a group of around 35 villagers had gathered and stoned the premises. They had forcibly entered the place of worship and demanded to stop the worship immediately and threatened to burn the building if they refused to comply. A few days later, the pastor’s residence was stoned by unidentified individuals. The Officer-in-Charge (OIC) of the police had refused the pastor’s request to refer the matter to court and told him to file a private plaint.

4. A pastor had received a copy of a letter addressed by a Divisional Secretary (DS) to the OIC of the local police, instructing the latter to stop Christian religious worship activities, claiming the place of worship was not registered with the DS. A few days later, while the Sunday service was ongoing, around 30 individuals, two police officers and the Grama Niladhari had questioned the pastor and told him to meet with the DS the following day. The DS had demanded the pastor stop his religious worship activities immediately and threatened to confiscate the pastor’s home (received through a tsunami resettlement scheme) if he refused to comply.

5. A group of 30 individuals had arrived at a place of worship and demanded to speak to the pastor, who was not there. Two individuals had then assaulted the female owner of the premises.

6. While a pastor and his wife were visiting a congregant’s home, a group of villagers had damaged the front door of the house and a cross hanging on it. The group had demanded to know about approval to carry out worship activities in the village and threatened the pastor. They had scolded the pastor’s wife in obscene language and attempted to assault the pastor. The police had been reluctant to take down the complaint.

7. Villagers had threatened a Christian not to invite a pastor to conduct bible studies in his home. Later, when he had gone to lodge another complaint to the police about threats to his life, he was arrested, based on a false allegation of assault. After he was released on bail, a government official had told him to stop having bible studies at his house.

Sri Lanka’s Stalled Reforms

First published at https://intpolicydigest.org/2018/09/12/sri-lanka-s-stalled-reforms/ on 12th September 2018

Ruki Fernando is a human rights activist based in Colombo, Sri Lanka. This interview has been edited lightly.

Three years on, what’s your broad take on the coalition government’s performance? Where does the reform agenda currently stand?

Some reforms have happened since 2015 to varying degrees, but many of the promised reforms have come to a standstill and seem unlikely to happen by next year.

The release of some lands occupied by the military after months of protests, the release and indictments of some political prisoners, more space for free expression and assembly compared to years under the previous regime, arrests of some Navy and Army personnel in relation to a couple of disappearance cases, convictions of Police and Army personnel (for torture, killing of civilians and rape), are also some positive things seen since 2015. The passing of the 19th amendment to the constitution reducing the powers of the executive president and strengthening independent institutions and checks and balances, the ratification of the International Convention Against Enforced Disappearances and making this a crime in Sri Lanka, the passing of the Right to Information Act were some progressive legislative changes – while the proactiveness and independence displayed by the leadership of the Human Rights Commission and the Right to Information Commission were also positive features.

But the reluctance of the government and lack of leadership by President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe to carry forward the reform agenda overshadows these gains. Much of the land occupied by the military during and after the war still remains in their hands. Releases were often due to long drawn out overnight protests and direct action by affected communities. The possibilities of reconciliation through land releases was negatively affected by the arrogance and viciousness of the military – who after benefitting from decades of occupation, called the return of lands “gifts,” organized ceremonies for themselves where military leaders were glorified and had destroyed and damaged some properties just before handing them over.

Political prisoners acquitted by courts after up to 15 years in detention have received no apology or reparations and many still languish in prison, including based on confessions made during detention, which are likely to have been under duress. The Prevention of Terrorism Act (PTA) has not been withdrawn despite the commitment to do so three years ago. Alternatives to the PTA were drafted in utmost secrecy from the citizenry and leaked versions contained draconian provisions. Abduction, assaults, death threats, intimidation, discrediting and surveillance of activists continues. An attempt to bring in a draconian amendment to the Voluntary Social Services Organizations Act was only withdrawn in the face of stiff opposition from civil activists and organizations. Violence against Muslims and Christians continued, including on a mass scale, such as in March this year around Kandy. Debt has reached life-threatening proportions.

Three years after ambitious promises to set up institutions to deal with wartime abuses, only one, the Office on Missing Persons (OMP) has been set up, and that too is limping forward. A draft bill was rushed through the cabinet to establish an Office for Reparations. There is not even draft legislation for the two other institutions promised – a truth commission and judicial mechanism with a special counsel. The president, prime minister and other politicians have backtracked on the promise to include foreign judges, prosecutors, defense lawyers and investigators in the judicial mechanism. 

More specifically, what do you expect to happen in terms of constitution-building?

There has been some progress, with some public consultations, six subcommittee reports and a steering committee report from the Constitutional Assembly, consisting of all the parliamentarians. However, there is a lot of uncertainty about whether a new constitution will see the light of day. Even if it does, there are serious concerns about whether it will bring substantial changes – such as the inclusion of economic, social and cultural rights as justiciable rights, doing away with ancient laws that facilitate the applicability of discriminatory laws against women and children, providing the foremost place to the majority religion and a lesser place to other religions, abolition of the executive presidency and power-sharing arrangements, which is also crucial for resolving the ethnic conflict that led to war.

How effective will the Office on Missing Persons be?

The OMP has been functioning for just over six months, but it’s too early to tell how effective it will be. OMP members tried make up for a lack of consultations before it was set up, by having a series of consultations about how it should function. It has stronger enabling legislation than previous Commissions of Inquiry and the chairperson and members have shown sensitivities in acknowledging the frustration, disappointment and anger of many families of the disappeared and missing who have approached multiple commissions, police, courts, et cetera and not received the answers they are seeking. But other than passionate appeals to give the OMP a chance and stating that they will try to do better than previous government initiatives, and publishing an interim report, I have seen nothing to indicate the OMP will be more effective than the large number of previous Commissions of Inquiry. The inclusion of a senior retired Army officer as a member of the OMP, in a context where many families believe their relatives were taken away by the Army (and where Army personnel have been convicted by courts and both Army and Navy personnel have been arrested on suspicion in relation to disappearances), has also contributed to making many families of the disappeared lose confidence in the OMP and be skeptical. It is this anger, suspicion and frustration that have led to protests against the OMP by some families of disappeared, leading to even the unacceptable situation of them blocking other families of the disappeared from engaging with the OMP. 

The first major specific public promise made by the OMP was to release an interim report on the 30th of August – the International Day of the Victims of Enforced Disappearances. But instead of fulfilling this promise, the OMP postponed the release of the report – in order to hand over the report first to the president, though they have no legal obligation to do so. Though this may be a strategic decision by the OMP, it has led to concerns that the OMP is prioritizing presidential appeasement and not giving primacy to the families of the disappeared and missing. The report dated the 30th of August was presented to the president on the 5th of September and released to the public on the 6th.

Despite the history of reports and recommendations by previous Commissions of Inquiry, much of which have been ignored by successive governments, the OMP too has opted to prioritize another report with observations and recommendations. This is despite the OMP being legally empowered to provide welfare services, trace the disappeared and inform the families.

The recommendations in the report include amendments to existing laws to strengthen the legal framework in criminalizing and prosecuting enforced disappearances, that state officials including members of the armed forces and police who are named as suspects or accused in relation to abductions and enforced disappearances should be suspended and not transferred, promoted or offered any other office, publishing a list of detention centers and detainees, designating a national day for the disappeared, preserving sites of mass graves as memorial spaces and restoring a monument for Sinhalese youth that disappeared in late 1980s that was destroyed by the previous government.

Disappointingly, the OMP has not called on the government to release a list of those who surrendered to the Army at the end of the war, many of whom disappeared afterwards. The release of this list has been a central demand made to the president and also to the OMP by Tamil families who have been at continuous roadside protests for more than 550 days. The OMP has also opted to call for reform of some provisions of the draconian PTA instead of total repeal, without questioning the need for counterterrorism legislation, which has a history of abuse in Sri Lanka and across the world. 

The report also has some constructive and practical recommendations on “interim relief,” including a monthly cash payment and other facilities related to debt relief, housing, education, employment and livelihood development.

Observations and recommendations in the interim report are significant and important, but unlikely to impress families of the disappeared. What would have made a difference is if the OMP had done in the first six months or will do in the next few months what many families of disappeared have asked them to do and that they have a legal mandate to do: Establish the fate and whereabouts of a few of the disappeared and inform their families. Or at least start providing information relating to the status of investigations, on individual cases, to respective families. The interim report says the OMP started to carry out inquiries with relevant authorities on specific cases. However, even statistical and general information about progress made is not mentioned in the report.

Would you talk about some of the criticisms surrounding the creation of the Office for Reparations?

As is the usual custom of this government, the draft bill had been drafted in secret, without adequate consultations before it was approved by the cabinet. On the draft bill, there are concerns about unnecessary powers being granted to the cabinet and parliament, making the awarding of reparations a long drawn, politicized process and the office not being an independent one with decision-making powers.

What about President Sirisena’s plan to reinstate the death penalty?

This was a shock, as for more than 40 years, through civil war and insurrections, Sri Lanka was one of 29 countries that had maintained a moratorium on the death penalty. Another 106 countries had abolished it fully by 2017, and only 23 countries were known to have carried out executions in 2017. There is no evidence in Sri Lanka, or in other countries, that the death penalty has reduced crime by having a deterrent effect. In Sri Lanka, there are serious deficiencies in the criminal justice system, including a lack of easily accessible, quality legal aid. 

The death penalty is an irreversible form of punishment which grants no space to consider new evidence that may emerge after a conviction is made, for example through new technology, indicating a wrongful conviction. It has been pointed out that in countries such as America, Canada and the United Kingdom, people wrongly convicted have been released from death row decades after they were put there as new evidence has shown they were wrongfully imprisoned.

If some detainees are engaged in drug-related offences from within prison grounds, cited as a reason to reintroduce the death penalty, security in prisons must be strengthened, including by using new technology, without infringing on the rights of detainees. Prison officials responsible for such crimes from within prisons must be held accountable.

What Sri Lanka must do is ratify the 2nd Optional Protocol to the International Covenant on Civil and Political Rights that calls for the abolition of the death penalty and abolish the death penalty from our books, as about 85 countries had done by the end of 2017.

How concerned are you about reports of abduction and torture since Sirisena became president?

Abductions have continued since President Sirisena took office – in the war-affected North, and even in Colombo in 2017, such as the abduction of the trade union leader and attempted abduction of a student activist. However, many abducted appear to have been released, though I’m also aware of those who have disappeared under this government and not been found.

Attacks, threats, intimidation and surveillance of families of the disappeared campaigning for truth and justice have also continued under President Sirisena. Their supporters, including activists and journalists have also been attacked, threatened, obstructed and interrogated. Several such incidents were reported in July this year; I had mentioned two in an article I wrote last month.

The continuation of torture too has been a major concern under the Sirisena presidency.

Will provincial council elections be held this year?

There is no certainty when provincial elections will be held.

What’s your assessment of a possible Gotabaya Rajapaksa presidential campaign? Who do you see as viable candidates for the presidency?

Rajapaksa political forces have always been strong, even in 2015, and appear to be gaining ground in the face of failures by the present coalition government. Despite much hype beforehand, the “Jana Balaya” (People’s Power) rally in Colombo on the 5th didn’t indicate mass public support for Rajapaksa-led political forces and there didn’t even appear to be a clear and strong political message from the rally. Though Gotabaya was seen participating in the rally, he didn’t play a leading role and there is also uncertainty about whether he will be a presidential candidate for the Joint Opposition, representing Rajapaksa political forces. There is also no clear indication whether Sirisena – Wickremesinghe and their allies will contest together or separately, and if together, who might be a “common candidate.” But the rather unexpected emergence of Sirisena as a successful presidential candidate, with a broad alliance of political and civil forces’ support, makes me wonder whether there could be another person who could gain widespread support, across political and civil forces – but I only hope it would be one that will not let us down like Sirisena has done.

AMPARA: 100 DAYS AFTER THE VIOLENCE AGAINST MUSLIMS

First published at http://www.sundayobserver.lk/2018/06/10/opinion/ampara-100-days-after-violence-against-muslims on 17th June 2018

On the night of February 26 and early hours of February 27, the Jumma Masjid Mosque in Ampara and a few nearby eateries run by Muslims were attacked by Sinhalese mobs. The mobs started by attacking the eatery ‘New Cassim Hotel’ based on a wild allegation that the Muslim owner was putting wanda pethi or sterilisation pills into the food served to customers, in order to wipe out the Sinhalese population in the area. The local mosque was accused of playing the lead role in distributing the pills. However, it appears the violence was premeditated and systematically planned, and the wanda Pethi story was just used as an emotive trigger.

100 days after

One hundred days after the violence, the fear and disappointment felt by the Muslim community in the area is palpable in their voices and in their body language. Fear that sparks off hatred smouldering beneath ashes may be ignited into fires again. Fear when some of those who attacked the Mosque still walk right in front of it, and others who hooted while going past it, despite the presence of policemen and a member of the Civil Defence Force providing 24 hour security at the mosque. Fear of reprisals, if they identify local youth they know were part of the attacks. Fear that prosecution of perpetrators may lead to further reprisals against them. Disappointment that the violence was not prevented despite ample opportunities and early warnings and disappointment that no compensation has been paid yet and no information about how much and when it would be given. And disappointment that the Government is not countering the continuing ideological warfare against Muslims, that violence against Muslims have continued for many years and they are compelled to live as second class citizens, in fear.

The physical damage caused by the attackers is still visible, especially, in the Mosque. The windows remain broken, the ashes from the burnt vehicles and motorcycles are still lying there. The remains of a brand new generator that was burnt is also still there, along with burnt and half burnt documents and furniture. Engineers have warned that the floor of the Mosque, which is an elevated structure, is not safe for worshippers to gather in numbers, due to damage caused by the fire. The broken boundary wall of the premises and gate remain the same, as they were after the night of violence and rioting in February.

New Cassim Hotel is still under construction following the damage. We had breakfast and lunch at the other two eateries which had resumed business, after some repairs and the purchasing of new furniture and fittings. But, both owners said, business was not what it used to be. The events that took place seemed to weigh heavily on their hearts and minds, even as they were trying to work hard and focus on rebuilding.

The lead up to the February violence

Trouble had been brewing for Muslims in the Ampara town long before the attacks. According to a Mosque leader, after the 2004 tsunami that badly affected many coastal towns close to Ampara, many Sinhalese construction workers had arrived in the area and some had remained in Ampara. These men had been hostile towards the Muslims. Muslim clerics who had come to teach religion in Ampara had faced harassment on the main roads. They had been hooted at and in one instance, the traditional cap worn by the moulavi was grabbed. Muslim leaders in the area said they had decided not to complain to the police about these incidents, to prevent the tensions from escalating. Instead, they had advised their clerics to reduce the amount of time spent walking on the roads and to take off their caps to prevent hostile persons from identifying them in public. When police complained that their traditional call to prayers were too loud, the Mosque responded by reducing the volume without arguing their case. Though native Tamil speakers, the Muslim community in the area have made an effort to learn Sinhalese and sent their children to study in the Sinhalese medium, the community leaders say.

In a separate incident, in Manikkamadu, in Irrakkamam, about 8 km south of Ampara town, a Buddhist statue had been placed on lands that the Muslims claim have been their lands, leading to protests and a court case. The statue is still there, but a policeman on duty prevented us from going up to the statue, citing a Prohibition Order from court.

The attack and damages

According to the several eyewitnesses and Mosque leaders we spoke to, the mobs which came to the Mosque had numbered several hundreds, with some estimates as high as 500-800. Two private buses had been used. Most were youth, and a few had been drunk. One eyewitness said he knew several local youth who were part of the mob. The mob had beaten and chased away the persons who were renting residential quarters owned by the Mosque, situated just behind the main Mosque building. A 65-year old Muslim cleric and a staffer in the mosque were also beaten and injured. Money, mobile phones and other valuables had been looted. The fire brigade had come to the Mosque while the fires were raging, but the mob had not allowed the them to douse the flames.

The community believes, only 11 persons had been arrested since the violence. At a subsequent meeting held in the nearby town of Oluvil with the Prime Minister and other high ranking politicians and government officials, the police had asked local Muslims to identify the persons responsible, but a senior Muslim leader had insisted that it was the duty of the police to investigate and identify the suspects. An eyewitness expressed concern about the effect it would have on the families of the mob, if the rioters were to be detained, several of whom they knew personally, who were part of the local Sinhalese community.

The damage to the Mosque is estimated by the Mosque leaders to be around Rs. 45 million. However, the District Secretariat assessment of the damage is around Rs. 24 million. Damage to the shops is estimated to be around Rs. 3.5 million while damage to a vehicle and motorcycles burnt is estimated to be around Rs. 3 million. Compensation is yet to be granted, while people are yet to learn the amounts which they would be entitled to.

Police and STF

One of the eateries attacked is opposite the District Secretariat and a few metres from several police offices in the vicinity, including those of senior officials. The other two eateries that were attacked and the Mosque were also within a five minutes drive from the police. But, it had taken the police a long time to get to the troubled spots and call in adequate reinforcements to deal with the mobs. Several residents said, that when the police had reached the Mosque, they had addressed the mob as “little brother” (Malli) and asked them to stop the destruction. But since no decisive action was taken, the mob had carried on.

Far worse was the fact that the police had not responded in advance, despite the calls to the emergency hotline (119) about 45 minutes before the mob’s arrival at the Mosque. One eyewitness used a landline to call 119 even as the mob was on the rampage, even then, there had been no clear response. Police had been present as tensions were brewing at New Cassim Hotel, well before the attack on the Mosque.

When an eyewitness at the Mosque – who was also beaten – was taken to a jeep parked just outside the boundary wall of the mosque, he had recognised the armed and uniformed men in the jeep as being from the Special Task Force (STF). He claims the STF had abused him in derogatory and obscene language. The STF appeared to have been observing the mobs and not intervened even with ‘minimum force’, the man claimed. There was proof that the STF stood by while the mob rioted, in the fact that the section of the Mosque wall where their jeep was parked had remained intact, while the rest of the wall was destroyed, the residents and religious leaders claimed.

An officer who was part of a team with weapons, that was deployed to an eatery which was being attacked, expressed frustration that he could not deploy minimum force, or even fire into the air to disperse the mobs, as there were as no orders from senior officers.

What’s next?

About a week after the violence in Ampara, more intensive violence was unleashed against Muslims in Digana and around Kandy, leading to the death of at least two people and massive destruction to Mosques, Muslim businesses, houses and properties. Since then, attention on the violence in Ampara appears to have faded away. But Muslims in Ampara await justice – which in the long term means opportunity to live without fear as equal citizens, co-existing with other communities. For this to happen, the Government will have to ensure those responsible are held accountable, without delay and start addressing deep-rooted and widespread anti-Muslim sentiments and canards about the Muslims.

[The writer is a Human Rights activist]