A/HRC/44/50/Add.1 V. Key challenges to the rights to freedom of peaceful assembly and of association A. Surveillance and intimidation 73. Although a decade has passed since the end of the protracted and deadly armed conflict, a real and comprehensive security sector reform has yet to take place, with areas in the north and east parts of the country remaining heavily militarized. As a result, the surveillance structure in the country, especially in the north and east, has remained in place, acting largely independently of governmental direction. Following the Easter bombing attacks in April 2019, this surveillance has allegedly increased. 74. The Special Rapporteur is seriously concerned about the numerous reports of surveillance that he received from civil society during his visit, including surveillance in online spaces such as social media platforms. While organizations working on various topics undergo differing levels of surveillance, depending on the perceived sensitivity of the topic, it was reported that almost all organizations were subject to low but regular levels of surveillance. This surveillance included the monitoring of phone calls, visits at home or at work, and photographic surveillance carried out by intelligence services, among others. Protests are also frequently surveilled by security forces and intelligence services, including the Criminal Investigation Department, with participants often being subjected to questioning, threats and intimidation before and after assemblies. 75. In this regard, the Special Rapporteur also heard reports of security forces and intelligence officers frequently entering NGO offices, submitting members to questioning and creating an intimidating environment. He heard of one instance where the offices of an NGO were visited six times in a two-month period by officers of the Criminal Investigation Department. Some civil society members also expressed that they had to refrain from conducting home visits, as security forces might follow them to the homes of victims. The Special Rapporteur is also concerned about allegations that NGO members and participants in assemblies must informally notify security forces and intelligence services before holding events, for fear that they will be shut down otherwise. 76. At one meeting, he was alerted by civil society interlocutors to the presence of presumed intelligence personnel in civilian clothing, who were observed monitoring participants outside of the meeting place. At another location, military personnel appeared to have taken note of the number plates of the Special Rapporteur’s vehicle. This kind of surveillance is clearly aimed at creating a climate of intimidation, and may be considered as an act of reprisal against the civil society member and human rights defender interlocutors for their interactions with United Nations human rights mechanisms. 77. The reports that were shared with the Special Rapporteur during his visit about the surveillance and intimidation experienced by members of civil society and others who take part in peaceful protests are particularly worrying. Such surveillance and intimidation creates a climate of mistrust and fear, which leads to self-censorship and has a chilling effect on civic space. Many members of civil society also expressed fear of how this information might be used in the future. B. Ethno-religious discrimination and violent content online 78. A recurring theme in conversations that the Special Rapporteur had during his visit was the systematic discrimination faced by ethnic and religious minorities. This discrimination comes in many forms, including the use of vilifying language by high-level officials; the lack of parity regarding the application of laws; police inaction; smear campaigns through the media; and hate speech, both online and offline. 79. The issue of the uneven application of legislation to the detriment of minorities was raised with the Special Rapporteur on numerous occasions. Although Sri Lanka has legislation to combat discrimination and online violence, both at a constitutional level as well as through the Penal Code (e.g., arts. 290A and 291) and the International Covenant on 13

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