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
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