A/HRC/44/50/Add.1
Civil and Political Rights Act, in many circumstances this legislation is applied against
members of minority communities, while blatant acts of hate speech from majority
communities often go completely unchecked.
80.
Following the Easter bombing attacks, there was a sudden upsurge of online
violence, and disinformation spread quickly, both online and offline. In order to deter
ethno-religious violence, the Government instituted curfews in certain areas and blocked
social media platforms on various occasions. The Special Rapporteur notes that partial
Internet shutdowns are in contravention of international human rights law, as blanket bans
do not permit a determination on the proportionality of each limitation on the rights to
freedom of peaceful assembly, freedom of expression and freedom of association. The
institution of contemporaneous curfews and partial or total Internet shutdowns during a
period of crisis has severely negative effects on communities, as they are unable to gather
or associate freely; access information; express their concerns, requirements or points of
view; or contact family members and friends. At such times, platforms such as social media
become important democratic tools.
81.
While the Government has the obligation to combat the use of the Internet for
purposes of ethno-religious violence, finding effective solutions requires a systematic
perspective of the problem and collaborative actions with all stakeholders, including with
civil society, the media and social media companies. In particular, he stresses that instead of
shutting down the Internet or blocking access to social media platforms, Governments
should work with online platforms and civil society organizations to develop laws, policies
and processes that allow for a coordinated and prompt response against the dissemination of
disinformation and violent content following a terrorist attack, in a manner consistent with
international human rights law. Actions taken should be targeted, specific and
proportionate.8
82.
Female members of minority communities are often doubly stigmatized, both
because of their religion or ethnicity and because of their gender. Many female members of
civil society from minority communities expressed to the Special Rapporteur that they felt
intimidated online, owing to the significant amounts of online violence that they
experienced. Operating in toxic environments such as these significantly deters female civil
society members and human rights defenders from carrying out their work, for fear of
online harassment. There are also other frequent issues to contend with online, such as
doxing (the publication of private information online with malicious intent). In addition, a
number of women also stated that they had allegedly been added on social media by
members of the intelligence community through the use of fake profiles.
83.
As noted above, members of minority communities, especially those who raise
dissenting voices, also face issues with regard to police inaction and the refusal by other
civil servants to access services. Many interlocutors reported difficulties in obtaining justice
for attacks they had suffered during protests and other events. In several cases, the Special
Rapporteur heard that officers working on NGO registration had refused to provide
application forms on the basis of the religion, ethnicity or sexual orientation of applicants.
Interlocutors tended to see civil servants as an extension of the Government, stating that if
their narrative differed from that of the Government they were likely to face discrimination
in their work.
C.
Adverse effects of national security legislation
84.
National security and emergency legislation presents a significant barrier to the
rights to freedom of peaceful assembly and of association for a number of reasons. While
national security is a permissible basis for restrictions on these rights, and while Sri Lanka
has legitimate reasons to react to threats against its national security, the concern is that
such legislation may be overbroad and used frivolously, without due consideration for the
proportionality of its use.
8
14
A/HRC/41/41, paras. 3–4, 85 and 91.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents