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 Edirisooriya 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.
Nathasha Edirisooriya
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 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
- A. 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
- B. Gowthaman
- B. Sukitha
- Bertha Dharmadasa
- Bishop Duleep de Chickera
- Bishop Kumara Illangasinghe
- Brendan Babapulle
- Chaminda Dias
- Chanaka Karunarathne
- Channaka Jayasinghe
- Chandrika Gadiewasam – Freelance Journalist
- D.M. Dissanayake – AAL
- Damith Chandimal – Human Rights Activist
- Deanne Uyangoda
- Denver Peterson – Activist
- Deshamanya Godfrey Yogarajah
- Dilani Ubayasiri
- Dr. Farah Mihlar
- Dr. Mareena Thaha Reffai
- Dr. Paikiasothy Saravanamuttu
- Dr. Ranil D. Guneratne
- Dr. Sakuntala Kadirgamar
- Dr. Sanjana Hattotuwa
- Dr. Shermal Wijewardene
- F. 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
- J.K.H.S.L. Perera
- J. Thayalini
- J. Varayalini
- Janaki Fernandopulle
- Jansila Majeed
- Jayanthi Kuru-Utumpala
- Jehanki Anandha
- Jemima Ahmad
- Jenat Silva
- Joanne Senn
- K.G.R. Dilshan
- K. Hemalatha
- K. Saththiyaseelan
- Kaushalya Ariyarathne
- Lakshman Gunasekara – South Asian Free Media Association – Sri Lanka Chapter
- M. Nirmalathevi
- Madhubhashini R. Rathnayaka
- Manjula Gajanayake
- Mario Gomez
- Marisa de Silva
- Marisa Fernando
- Melani Gunathilaka
- Melani Manel Perera – Journalist
- N. Arththigan
- N. Krishnakumar
- Nagulan Nesiah
- Neranjan Maddumage
- Nilshan Fonseka
- Niran Wirasinha
- Nirasha Fernando
- Nishan de Mel – Economist
- Parakrama Bokalawela
- Pasan Jayasinghe
- Pathum Egodawatta
- Philip Dissanayake
- Premila Naguleswaran
- Prof. Arjuna Parakrama – University of Peradeniya
- Prof. Jayadeva Uyangoda
- Prof. Sumathy Sivamohan – University of Peradeniya
- Pujitha Ubayasiri
- R. Kounthini
- R. Ranjan – AAL
- R. Robinson
- R. Saththiya
- Rajany Rajeshwary
- Rajkumar Rajeevkanth
- Ramya Kumar – University of Jaffna
- Ranmali de Zoysa
- Rev. Andrew Devadason
- Rev. Dr. Jayasiri T. Peiris
- Rev. Fr. Jeyabalan Croos
- Rev. Fr. Nandana Saparamadu – Catholic Diocese of Colombo
- 100.Rev. Fr. Sarath Iddamalgoda
- 101.Rev. Sr. Nichola Emmanuel
- 102.Rev. Sr. Noel Christine Fernando
- 103.Rohana Hettiarachchi
- 104.Ruki Fernando
- 105.Rushani Wise
- 106.Ruwanthie de Chickera – Artist
- 107.Ryan Silva
- 108.S.C.C. Elankovan – Lawyer and Development Consultant
- 109.S. Easwary
- 110.S. Ethayarani
- 111.S. Kopika
- 112.S. Mariyarosalin
- 113.S. Niththika
- 114.S. Ratnajeevan H. Hoole – Former Member, Election Commission of Sri Lanka
- 115.S. Suganthi
- 116.S. Tharsan
- 117.S. Thileepan
- 118.Sabra Zahid
- 119.Sabrina Symons
- 120.Sakuna Gamage
- 121.Saman Seneviratne
- 122.Sandun Thudugala
- 123.Sandya Salgado
- 124.Sanjee Goonetilake
- 125.Sankha Ranadheera
- 126.Sarah Arumugam
- 127.Sarath Ratwatte
- 128.Senel Wanniarachchi
- 129.Serena Burgess
- 130.Setunga Mudalige
- 131.Shamala Kumar – University of Peradeniya
- 132.Shamalee de Silva
- 133.Sharmini Ratwatte
- 134.Sheila Richards
- 135.Shreen Saroor
- 136.Siritunga Jayasuriya
- 137.Sitralega M. – Independent Feminist Researcher, Batticaloa
- 138.Soraya M. Deen – Lawyer & Community Organizer
- 139.Srinath Perera – AAL
- 140.Suchith Abeyewickreme – Civil Society Activist
- 141.Sunanda Deshapriya – Journalist, Writer and Human Rights Activist
- 142.Suren D. Perera – AAL
- 143.Swasthika Arulingam
- 144.Tharindu Jayawardhana
- 145.Tharindu Uduwaragedara
- 146.Thasneema Dahlan
- 147.Themal Ellawala – Department of Anthropology, University of Illinois, Chicago
- 148.Thiagi Piyadasa – AAL
- 149.Thilina Madiwala
- 150.Thyagi Ruwanathirana
- 151.Tisaranee Gunasekara
- 152.V. Shamini
- 153.Ven. Fr. Samuel J. Ponniah
- 154.Vidarshana Kannangara
- 155.Vinuk Ubayasiri
- 156.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
- Mediall.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)
Nathan / June 22, 2023
If this is the first time ‘Civil Society’ has found it necessary to condemn ‘abuse of Law’, give credit to the Leadership of the nation; If not, note that simply condemning doesn’t go far!
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Mallaiyuran / June 23, 2023
Above, 176 institutions and individuals oppose punishing a targeted individual (after all only an artist) by abusing a UN human right resolution.
We have seen so many blah, blah from IMF claiming that they acting for Langkang population, but only feeding the rapist Military but not yet talking the right abuse in Langkang.
All those who are seeing what is happening in Langkang, please, even in your wildest dream don’t’ put forward foundation for new philosophical religion. Resolution and philosophical logic are the ones so easily abused in Langkang by twisting the meaning of the words. Sad part is no deviated believe of religion can be retracted to its originality.
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old codger / June 23, 2023
The Magistrate in this case seems to have taken personal offence at Natasha’s comments on Buddhist beliefs. The judiciary should be impartial. It is not their business to deliver moralistic sermons, or be unduly respectful to clergy. Can a person not criticize his or her own religion? Does this apply only to Buddhism? Who decides which Buddhist or other doctrine is the “approved version”? Not Thilina Gamage, I hope.
If the ICCPR was in operation 2600 years ago, the “son of Suddodhana” would also have been locked up for being provocative.
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Human Touch / June 23, 2023
Fellow CT participants
Judges should be held liable for abuse of office.
If the government is reluctant to reprimand unprofessional Judges, the least the government could do is to send such incompetent Judges abroad for re-training.
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Mallaiyuran / June 23, 2023
Right after the war Rowdy Old King organized, using the Rapist Army, a massive crime outbreak in the North. After seeing her own government not acting on that, but following the path of Old Rowdy King, Vijayakala asked, if Leader Prabhakaran was there would the law have deteriorated to that extent. Ranjan Ramanayake condemned Vijayakala, what a traitorous person she was to talk against the Appe Aanduwa like that”. Few months later all judges in the Appe Rata were fraudsters. He was put in prison for 17 years. Ranjan was told to fall on the feet of Evil so he can excuse Ranjan from court decision. Ranjan did but a gag order was imposed on him and all the secret matters took place during the pardon. Ranjan cannot talk about anything. Now there are new cases that were 10 -15 years discarded as useless accusations taken back to investigation.
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Mallaiyuran / June 23, 2023
At the same time, there is no date set for the accusation on Vijeyakala’s. That will come back only if she attempts to stand in the election for Valaiththodam. Vijayakala cannot gamble that who would win, is that Evil Emperor or Valaththodam. Karanam Thappinaal Maranam. So she decided to play low profile in politics until is investigated and sent to prison under PTA. While this is going, her husband’s murderer is a powerful minister in the North. Today IGP said Rapist police are playing a game that is why there are more crimes in West and Southern provinces. So is there somebody to put IGP in for 15 years?
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leelagemalli / June 23, 2023
Dear HT,
In a country dominated by idiots who don’t care much about justice, is this possible?
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Gota, who was the worst ever criminal of the nation, appeared in public again yesterday with the help of that Madagoda Abeytissa Mudalali. Various other dogs were around singing husannas for his return. can you imagine ? Almost everything is upside down, with the direct mediation of Rajaakshes and their slaves.
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They instead try to justify it using karmic stories or the like. Dharma has no precedence in sinhala buddhism. They have chosen, amisa puja , jathaka fictions and gossips.
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For so long these people will not be rational, this cannot be done in Sri Lanka. Most of them do not care about justice.
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Although the liberal education licensed them to become lawyers, judges or similar persons, after obtaining it they became commercial. The same goes for doctors and nurses or similar graduates.
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Although the Rajapaksa misadminitrations produced such judges, this situation did not change in this country also in the past.
:
https://www.youtube.com/watch?v=XDvHKL34Fwk
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Lasantha Pethiyagoda / June 23, 2023
The main culprits that propagate disharmony, discrimination and hatred are living free and engaging in their despicable actions with impunity while innocent people are imprisoned. The necessary qualification to remain free are if they support the regime, are part of the regime, or have financial arrangements that benefit the political parties that form the govt or are part of the criminal gang that infests parliament. Those people who speak out against injustice and corruption or are in some way “insulting” of a religion icon (no matter that the vast majority of its nominal “followers” do exactly the opposite of what the religious icon preached), then they are prime targets for persecution and witch hunting. The judiciary is beholden to the criminal cabal in power and do their bidding and no justice is served to the people. Therefore the people, whose will is supreme, have every right to oust those in power and claim back their country.
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srikrish / June 23, 2023
The Covenant on Civil and Political Rights was adopted by the General Assembly of the United Nations on 16th December, 1966 and entered into force on 23rd March, 1976 and Sri Lanka had acceded to the Covenant on 1st June, 1980 and a substantial parts were included into the constitution of Sri Lanka.
Further, Sri Lanka had passed a legislation International Covenant on Civil and Political Rights ICCPR Act, No. 56 of 2007 and there were other legislations as well.
.But it has become problematic.
Sri Lanka had systematically used the ICCPR law, which was meant to protect human rights was actually used to silence and punish human rights defenders, political activists, writers, artists, and lawyers.
We should strongly condemn these actions of the government in misrepresenting ICCPR for vindictive ends.
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Bert / June 23, 2023
I have no issues with Buddhists who understand that way of life and practice it. In Sri Lanka that’s a minority among the majority.
The yellow cloth is not the religion or way of life. Some wrap it around to mass earthly wealth.
https://www.youtube.com/watch?v=Ty2BQMT9iYo&t=57s
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leelagemalli / June 23, 2023
Bert,
Sinhala Buddhist monks are the problem in sl.
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Not even 1 in 100 you will find a good monk in SRILANKA today. I spoke to many and most of laity people thought it is useless to offer alms to them anymore. They are so fed up of offering dana to them.
I think Rajaakshe-sanga-brigades ruined the buddhist culture in this country. They would never be able to repay sinns back.
What they do wrong is not setting an example for the laity. Medagoda Abetissa Mudalali and Muruthettuwe Male Nurse are responsible for paving the way for Mahinda Rajapaksa and other criminals to return to power. The amount of mischief caused by these fake monks disguised as Buddha puthrayas is unimaginable.
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old codger / June 23, 2023
LM
“Not even 1 in 100 you will find a good monk in SRILANKA”
This video from Derana (of all sources!) Is very interesting. It exposes another monk (Namal Uyana) who travels in a BMW.
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https://youtube.com/watch?v=s4Qbf0QBnO8&feature=share7
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leelagemalli / June 24, 2023
I spoke of Wanawasee Hamaduruwo ( not Hamuduruwo or monk) and his nature of public statement. He dares to question why not he owns a luxury vehicle,ummagga jathakaya is ignorant by this yellow pet. Those journalists are no better.Their questions are more in favour of the promotion of virulent fake monks. 😃😃😃😃😃
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leelagemalli / June 24, 2023
OC,
.
The Buddhist monks I have met in Zurich/Switzerland, London/UK, Paris/FraNCE, Losangeles/California/US and Melbourne/Australia have one thing in common, which is that they have renounced almost everything and are attached to nothing.
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All OR many of the Buddhist monks I know in our homeland who strive for V-8 vehicles and other materials are mostly Sinhala buddhist monks in Sri Lanka. They dare to request me, that I should offer them a dozen of “smart phones”. The shameless yellow pets scratched their ears before me, not being able to respond me, when I cross-examined, why on earth would they make such demands.
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Can you imagine ?
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I told them defamatingly, I will give them Viagra pills, sex toys and some cheap Sri Lankan type teledrama actresses who are hired cheaply by the mythical promoters of that country. They did, “give me a cowardly grin”: that’s why I today offer food and other things to animals and the elderly today more than ever before.
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Captain Morgan / June 23, 2023
Sri Lankan investigative agencies invoking the ICCPR Act is like the Devil (mis)quoting the Scriptures.
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ramona therese fernando / June 24, 2023
Only reason this girl is targeted so much is because she is a woman! Women cannot be giddy in Lankan society, only the men. All these fellows who enjoy all kinds of off-color jokes can’t bear that the woman can do the same thing and can do so with greater cuteness and skill. Jealousy, nothing else.
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If Sri Lanka is serious it’s about Buddhist Samsaric journey (and much of it will be about being reborn on the same Isle), best is that she is only sent for Agama lessons and giving rationalization why her style of comedy might not suit the Motherland at these trying times. The rationale: Her jokes might do quite well in a country now facing starvation. You see, the starving people have no other recourse than to indulge deeply in the religion (any religion), however how ridiculous the customs may be.
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ramona therese fernando / June 24, 2023
Correction: Her jokes might NOT do quite well in a country now facing starvation.
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Bert / June 24, 2023
“Only reason this girl is targeted so much is because she is a woman!”
So how come Diana is still in parliament?
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Sarath / June 24, 2023
The meaning of Monk: a member of a religious community of men typically living under vows of poverty, chastity, and obedience. So can you use the term of Monk in conjunction with Buddhist?
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