Communiqué has been issued On July 7 2014, the
National Secretariat for NGOs, under the Ministry of Defense and Urban
Development, to all NGOs preventing them from "conducting press
conferences, workshops, journalism training and dissemination of press
releases". The authority claimed such activities are beyond the mandate of
NGOs. The Bar Association of Sri Lanka is appalled by this communiqué and considers that the repercussions of
the said circular may have far reaching impact on a free and democratic
society.
We observe that the post war Sri Lankan society is
increasingly precipitating into a crypto military and authoritarian state.
Sri Lanka emerges as the most militarized country in the
region ranked at 36 followed by Pakistan at 47, Afghanistan, 58 and India at
74. Nepal and Bangladesh occupy the 86 and 123 positions respectively while
China comes at 84. These are the findings of the Global Militarization Index
(GMI) 2013 published by Bonn International Center for Conversion (BICC) that is
based on the data for 2012.
This situation is further strengthened by the fact that since
the lapse of emergency a regulation has been issued under section 12 of the
Public Security Ordinance vesting Police powers on the Army, Navy and Air force
covering the entire Country. We also of the opinion that the said regulation
illegal, unjustified and ultravires. This gazette has been opposed by the BASL
from its inception having foreseen the danger faced by the people.
According
to the Worldwide Governance Indicators (WGI), a good governance template with
regard to voice and accountability, Sri Lanka's position in 2012 is at negative
0.60, a fast deterioration from 2002 where Sri Lanka was at negative 0.15.
Similarly in percentile ranking, Sri Lanka has fallen from 42 in 2002 to 30 in
2012. This indicates our level of, lost right to dissent, freedom of
expression, freedom of association and media freedom.
"Men
fear thought as they fear nothing else on earth – more
than ruin, more even than death".Bertrand Russell
We
as the Principal Body representing the legal fraternity in Sri Lanka and
committed to uphold rule of law in the country, come forward to issue this
statement with dismay and frustration over the deteriorating trend that has
been continuing within our society without any check and balance.
We
consider it fitting to be reminded that;
#.
in a series of deaths approximately 33 in number that have taken place whilst
in Police custody, No steps have been taken against those Police Officers
responsible and the taking of steps to pass them off as justifiable homicides,
#.
In another spate of killings by Police officers and forces with the full glare
of public scrutiny, the officers responsible have not even been arrested and
produced before a court of law,
#. In Aluthgama, Beruwala and Dharga town in the
presence of large contingencies of the Special Task Force nearly 75-80 houses,
shops, factories and places of worship have been burnt and steps were initiated
to destroy even the evidence available with the help of the same forces,
#.
Independent commissions set up to curb Bribery and corruption are being
interfered and tampered with, including transfers and appointments having been
made in and out of the commission, arbitrarily and capriciously,
#. Independence of the Judiciary has been
compromised with unsuitable appointees over looking time tested criteria of
seniority and eminence,
#. Multi Million dollar contracts which are far
in excess of the international norms are awarded to foreign Contractors on the
basis of unsolicited bids arbitrarily.
The
answer to these issues that have caused grave concern to the society is not to
curb the media freedom in a shameless
manner but to put the system right and take action against those
responsible.
According
to Reporters sans Frontiers, in the world ranking, Sri Lanka stands 165th out
of 175 countries in terms of press freedom, behind Uzbekistan, Rwanda and
Libya. As far as Asia goes Si Lanka is the 35th out of the 40 Asian countries listed. This is on the basis
of known data and reported facts.
This
was the situation prior to the issuance of this circular.
The
impugned circular that has been issued under the auspices of the Ministry of
Defense stifling the freedom of expression further with chilling effect is of
no avail to our country to reach the standing of "the Miracle of
Asia" !
One of the former Presidents of the USA, Thomas Jefferson himself suffered greatly by the press
during his presidency. He was a great believer in the ultimate triumph of truth
in the free marketplace of ideas, and looked to that for his final vindication.
"The basis of our governments being the opinion of the
people, the very first object should be to keep that right; and were it left to
me to decide whether we should have a government without newspapers or
newspapers without a government, I should not hesitate a moment to prefer the
latter." -Thomas Jefferson – so
he said in 1787.
We observe that the post war
Sri Lankan polity has been in an acute and deepening crisis. The decline of
democratic institutions and practices have become a reality of the day.
Edmund Burke an Irish Philosopher in the 17th
Century said, " The Triumph of the Evil is for good men to do
nothing."
The
effort of the National Secretariat for NGOs, under
the Ministry of Defense and Urban Development, according to our opinion is a
living testimony for this impending crypto military and authoritarian tendency
of the country.
The Bar Association of Sri Lanka wish to state that the said
circular violates fundamental principles that govern our free and democratic
society, which is guaranteed by our constitution and it is completely
militating against the rule of law principles of the country.
The contents as well as the implications of the said circular
is against the directive principles of state policy enshrined in the Chapter VI
of the constitution as well as violation of freedom of Expression and Speech,
freedom of Assembly and Association, Freedom of
occupation as guaranteed by the Article 14 of the Sri Lankan Constitution.
We observe that this attempt is nothing but yet another
effort to silence the alternative public opinion of the society through
inculcating fear psychosis among the section of the society enhancing the autocratic
writ to a fearful height.
Therefore we condemn this so called circular issued by an
officer within the Ministry of Defense in gross violation of the fundamental
rights of the polity and urge the authorities to revoke this autocratic
circular that has the effect of bringing further damage to the country
Nationally and Internationally.
