(ARTICLE 19/IFEX) – The following is a 3 February 1999 ARTICLE 19 letter to Sri Lankan Minister Mangala Samaraweera concerning recent threats by government ministers to the Centre for Monitoring Election Violence: 3rd February, 1999 Hon. Mangala Samaraweera Minister of Media Colombo Sri Lanka ARTICLE 19, the International Centre against Censorship, is greatly concerned by […]
(ARTICLE 19/IFEX) – The following is a 3 February 1999 ARTICLE 19 letter to
Sri Lankan Minister Mangala Samaraweera concerning recent threats by
government ministers to the Centre for Monitoring Election Violence:
3rd February, 1999
Hon. Mangala Samaraweera
Minister of Media
Colombo
Sri Lanka
ARTICLE 19, the International Centre against Censorship, is greatly
concerned by reports that two government ministers – Internal and
International Commerce and Food Minister Kingsley T. Wickremaratne and D.M.
Jayaratne, Minister of Agriculture and Lands, who is also PA General
Secretary – have threatened to bring charges of criminal defamation against
the widely respected Centre for Monitoring Election Violence (CMEV), and
against the three individuals whose names appear on some of its statements:
Dr. P Saravanamuttu, Mr. Waruna Karunatilake and Mr. Sunanda Deshapriya. We
would view such legal action as a most ominous development, with grave
implications for freedom of expression and the future of Sri Lanka’s
democracy.
We note that these threatened prosecutions arise from the CMEV’s public
documentation and reporting of numerous instances of violence and
violations of election law during the recent elections to the North Western
Provincial Council. Indeed, the CMEV – together with other election
monitors – has concluded that this election was fundamentally marred by a
significant rise in the number of such violations. Such allegations are not
made lightly.
It is clearly in the public interest that allegations of election-related
violence and other malpractice should be brought into the light, and should
be promptly and fully investigated by the relevant authorities in order both
to bring those responsible to justice and to uphold public confidence in the
integrity of the electoral process in Sri Lanka. In this case, however, it
appears that the CMEV is being targeted because of its work as a watchdog of
the public interest. Having been subjected to a barrage of vilification for
publishing the findings of its election monitors, it is now threatened with
criminal prosecutions and the prospect that three of its office-holders
could be imprisoned.
This is a most disturbing turn of events. We believe that such actions
against the CMEV have implications which extend beyond the work of that
organization alone and will have an ominous, “chilling” impact. They
threaten the ability of any independent organization to monitor and report
publicly on the conduct of elections in Sri Lanka. Indeed, they attack the
very heart of democracy in Sri Lanka.
With five more provincial council elections due in the next three months,
the government must now ensure that potential election monitors will not be
silenced in this way, and that all allegations of violations of electoral
law are fully investigated. Firm action must be taken promptly against any
person, of whatever party, who is found to have committed such violations
and every possible action must be taken to prevent election violence in the
future.
You will be aware that ARTICLE 19 has repeatedly expressed concern about
reports of political thuggery and intimidation over the years, under both
the previous UNP administration and under the present PA government. We
noted an increase in reports of clashes between supporters of the main
political parties in 1996, and – in the context of the local government
elections of March 1997, during which Nalanda Ellawala MP and his bodyguard
were killed – noted the “urgent need for political violence and thuggery to
be eradicated in all parties if democratic institutions are to be allowed to
function and flourish in Sri Lanka.” This need is all the more urgent now.
We have noted that two of the individuals who have now been threatened with
criminal defamation suits recently won a fundamental rights case against the
government which was itself concerned with the holding of provincial council
elections. After elections to five provincial councils were postponed by use
of emergency regulations in August 1998, two members of the Free Media
Movement – Mr. Waruna Karunatilake and Mr. Sunanda Deshapriya – argued that
such action was unconstitutional. The court found in their favour, deciding
that the franchise was integral to freedom of expression, and ruled that the
elections must be held within three months of the judgment. This judgment
was handed down the day after the North Western Provincial Council election.
These two journalists – who have just won a case concerning electoral
practice against the government – now risk imprisonment for having reported
on electoral malpractice.
We have noted statements in the media that the government will take action
against those who have violated election law. We wait now to see these
statements translated into swift and firm action, for without it – and
without immediate lifting of the threat against the CMEV and its
office-holders – we fear for the future of Sri Lanka’s democracy.
Yours sincerely,
Andrew Puddephatt
Executive Director
Similar appeals can be sent to:
Appeals To
Hon. Mangala Samaraweera
Minister of Media
Colombo, Sri Lanka
Please copy appeals to the source if possible.
