A/HRC/44/50/Add.1
49.
In Keppapilavu, he met with representatives of 100 families whose land had been
occupied by the army since 2008. At the time of the meeting, the families had been
peacefully protesting for the return of their land for 900 days, in front of the army
compound where their land is located. For 792 days, they had been carrying out their
protest on the road in front of the army compound. Thereafter, they had to relocate to a
piece of previously released land under a temporary shed, following a court order obtained
by the authorities. The order forbade gatherings of more than five persons at any one time
at the protest site, and required them to refrain from chanting slogans, owing to supposed
risks that such an activity could present to the security forces. While the representatives did
not complain of any physical intimidation, they reported that they were psychologically
affected by efforts to demoralize them and discourage them in their struggle.
50.
While noting the efforts made by the Government to return military-occupied land to
their original civilian owners, he considers it to be of utmost importance that such
restitution happen promptly, transparently and in a non-discriminatory manner, and that the
peaceful protests of those who are still dispossessed be allowed to take place with no undue
restrictions. The fertile land occupied by the army in this instance is essential for the
livelihoods of the families, and each day that passes without restitution puts additional
strain on the women and men who must work as daily labourers, while keeping up the
protest in the hopes that their demands are met. In addition, owing to a lack of economic
opportunities, a number of the families’ members, including young people, have been
forced to migrate long distances for work, which has exposed them to an array of other
human rights abuses. What the Special Rapporteur found especially troubling in this
circumstance was the belief of the families that the land was being retained purely for
economic benefit, rather than for any specified reason legitimately connected with national
security.
51.
On several occasions, he received reports of the use of court injunctions to stop
protests or to prevent them from taking place. It seems that these injunctions are usually
obtained on the basis of anticipated public nuisance or disturbance, and that the police force
may seek an injunction on its own initiative or following a complaint from the public.
According to the information received, these court injunctions are frequently granted,
despite the fact that typically, neither party has had an opportunity to present its case.
Furthermore, they are often obtained after court hours, the evening before a protest, so as to
give no opportunity to challenge them before a magistrate.
52.
Reports of intimidation and surveillance were also frequently received by the
Special Rapporteur in relation to peaceful protests. This was especially prevalent with
regard to memorial services commemorating disappeared persons in the north and east. For
example, he learned that on 18 May 2019, the Ampara chapter of the Families of the
Disappeared organization attended a memorial ceremony at Thrikovil Manikka Pillayar
temple, and that during the ceremony, a number of soldiers arrived and proceeded to
destroy and remove banners and decorations, and also threatened to arrest and detain the
participants. In other instances, civil society actors were questioned for hours by officers of
the Criminal Investigation Department regarding their work, financial details, office space
and participation in memorial ceremonies.
53.
He also notes that the Government seems to have resorted to declaring certain
employment sectors as essential public services, in order to restrict that sector’s right to
strike and peacefully assemble. In June 2019, an order was gazetted, declaring that public
transport services provided by any public corporation, government department, local
authority or cooperative society, or any branch of those institutions, were an essential
public service under article 2 of the Essential Public Services Act No. 61 of 1979. In such a
case, it is a criminal offence to disrupt the working of such a service through participation
in a strike. Similarly, in 2017, an order declared waste disposal as an essential service under
article 17 of the Public Security Ordinance. He notes that, in these cases, protests seem to
be stifled through the use of an executive decision, rather than through engaging with the
concerned communities about their dissatisfaction and reasons for protesting.
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