A/HRC/22/38
this regard not only hinders the resolution of associated issues for the displaced but also
exacerbates feelings of mistrust and suspicion in minority populations, which account for
the majority of all displaced persons.
E.
Right to freedom of opinion and expression
43.
In its report, the Lessons Learnt and Reconciliation Commission strongly
recommended that attacks on journalists and media institutions be properly and
conclusively investigated, and urged the imposition of deterrent punishment for such
offences (para. 9.115a-c). Under the national plan of action, investigations of current cases
are to be completed by the police, while the Ministry of Mass Media and Information is to
take appropriate action to ensure media freedom. Furthermore, the Ministry is to promote
responsible journalism and consider a code of conduct for journalists, which, however, does
not seem to be an adequate response to concerns about the security of media personnel, and
which could instead lead to greater media control.
44.
It is worth recalling that the Government accepted recommendations at its universal
periodic review in 2008 to ensure a safe environment for human rights defenders, as well as
to investigate allegations of attacks on journalists, media personnel and human rights
defenders and to prosecute those responsible.
45.
In 2012, journalists and media institutions continued to be harassed and attacked. In
March, the Minister for Public Relations and the Minister for the Media made vicious
public attacks on human rights defenders who had advocated at the nineteenth session of
the Human Rights Council. The Minister for External Affairs publicly rejected these
comments, but no action was taken against either minister.26 On 29 June, the Criminal
Investigation Department raided the office of Sri Lanka X News and its sister website, Sri
Lanka Mirror; nine staff members were arrested and later released on bail. On 5 July, there
was a failed attempt by two men in a white van to abduct the lead investigative journalist (a
vociferous critic of the current Government) for Sri Lanka X News. He had reportedly been
receiving threats since 2008 for criticizing the Government.
F.
Demilitarization
46.
The Lessons Learnt and Reconciliation Commission made a clear recommendation
in its report on the reduction of military involvement in civilian matters (paras. 9.171 and
9.227), which was assigned in the national plan of action to the Ministry of Defence. The
ubiquitous military presence in the north is not confined to the overt physical presence of
military personnel, but extends to the deep involvement of the military in civilian matters
through direct power transfers and exercise of power, and by indirectly preventing the
capacity-building and effective development of civilian institutions. Several important
civilian functions were brought under the purview of the Ministry of Defence, such as the
Non-Governmental Organizations Secretariat and the Urban Development Authority in
2010.
47.
Military officers informed the OHCHR technical mission that the military was able
to deliver on different projects in areas where the civilian administration lacked capacity. In
one particular presentation, the military was shown to be involved in a wide range of
activities, from building and repairing homes to delivering livelihood projects to donating
blood and transporting patients in a critical condition to medical facilities, through to
26
See A/HRC/21/18, paras. 38-46.
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