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25 leading organizations urge president to uphold press freedom

 

Led by the global media watchdog the Committee to Protect Journalists (CPJ) a total of 25 civil society and media freedom organizations have called upon President Anura Kumara Dissanayaka to uphold press freedom in Sri Lanka.

New York-based CPJ and 24 other organizations including the International Press Institute, International Federation of Journalists, Human Rights Watch, Sri Lanka Working Journalists Association in their joint letter demand the AKD-led NPP government to ensure freedom of expression and media.

Reminding the President that such freedom is protected by the nation’s constitution and the International Covenant on Civil and Political Rights (ICCPR) to which Sri Lanka is a signatory.

The CPJ-led signatories have also recalled the commitment of the NPP government to uphold media freedom and pursue accountability for past crimes against journalists, as outlined in their election manifesto.

“We call upon the newly elected government to: Reopen or initiate prompt, impartial, and transparent investigations to ensure accountability in cases of violence against the press and other violations of human rights and freedom of expression, including, but not limited, to dozens of murders, abductions, and physical attacks on journalists and media offices during and in the aftermath of the country’s 26-year civil war that ended in 2009”.
The collective has stressed such investigations should meet international standards, including those outlined under the United Nations Minnesota Protocol on the investigation of potentially unlawful death.

Minnesota Protocol outlines 20 important principles on the ‘Effective Prevention and Investigation of Extra-legal, Arbitrary, and Summary Executions’ that all nations are expected to adhere to.

It obligates all states to respect and protect life and the procedural obligation to investigate suspicious deaths has firm basis in international law.

“There shall be a thorough, prompt, and impartial investigation of all suspected cases of extra-legal, arbitrary, and summary executions, including cases where complaints by relatives or other reliable reports suggest unnatural death in the above circumstances. Governments shall maintain investigative offices and procedures to undertake such inquiries. The purpose of the investigation shall be to determine the cause, manner and time of death, the person responsible, and any pattern or practice which may have brought about that death”, the protocol clearly emphasizes under the heading ‘Investigation’.

The signatories in their letter have stressed the investigations are effective and have robust protection mechanisms for witnesses and investigators.

They have also cited the lack of effective investigation into cases like the killing of Lasantha Wickrematunge, Dharmeratnam Sivaram ‘Taraki’ and Prageeth Ekneligoda.

While welcoming the recent order of a reinvestigation of 7 cases including the 2005 murder of Sivaram they have demanded that the prolonged prosecution should be time-bound and effective and ensure accountability for all perpetrators.

CPJ and others have categorically called upon AKD to end the harassment and intimidation of journalists, especially ethnic Tamils, who have long faced intensive surveillance and other undue restrictions on their reporting.

“Law enforcement agencies should facilitate the withdrawal of criminal cases brought against journalists in retaliation for their work. Further, authorities should not take legal action against journalists for “intimidating public servants.”

The Online Safety Act which directly threatens media freedom and the draconian Prevention of Terrorism Act have also come in for strong criticism by the signatories to the statement issued on the 13th of January.
“Repeal the Online Safety Act, which grants sweeping powers to a commission appointed by the president to censor online content, thereby creating a chilling effect on human rights, including the right to freedom of expression”.

They have also suggested the Act should be replaced by with a new cybersecurity legislation aimed at addressing genuine online harms, which does not enable disproportionate and unjustified restrictions on peaceful online speech and jeopardizing the right to privacy.

All the 25 signatories in unison have condemned the PTA which has been used as a tool to intimidate not only media persons but detain people without trial for years together. The PTA was brought into force as a temporary measure in 1978 by former President J.R. Jayewardene which was made a permanent one in 1982.
“Repeal the Prevention of Terrorism Act, which has long been used to harass and imprison journalists for their work. The relevant offenses should instead be addressed within the framework of the country’s existing criminal laws”.

The signatories also have sought to Amend the Parliamentary (Powers and Privileges) Act, which curtails reporting on Parliamentary affairs that are crucial matters of public interest, and to introduce proactive measures to ensure greater media access to parliamentary committees.

Reporters Without Borders (RSF), PEN International, International Federation for Human Rights (FIDH) who are among the 25 signatories have also demanded to amend the Personal Data Protection Act to remove provisions allowing the law to override the Right to Information Act, which is essential for investigative journalism”.

Calling upon the President AKD to establish an independent, self-regulatory media commission that will uphold press freedom and adjudicate matters of journalistic ethics without criminalizing reporters or placing undue restrictions on their work.

“The commission should ensure a fair and adequate representation of the media sector within its membership and guarantee the right to appeal against its decisions, including in a court of law.

The signatories have stressed President AKD has a historic opportunity to demonstrate a genuine commitment to human rights and the rule of law.

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