a. Freedom of Speech and Press
The law provides for freedom of speech and of the press but in practice this was not always supported. The government owned the country’s largest newspaper chain, two major television stations, and a radio station. However, private owners operated a variety of independent newspapers, journals, and radio and television stations. The government imposed no political restrictions on the establishment of new media enterprises. While foreign media outlets operated in the country, some foreign journalists had their visas revoked or were asked to leave the country when they reported on sensitive issues in a manner that the government disliked.
Media freedom deteriorated in the Colombo area, as well as in the conflict-affected north and east. Most journalists practiced self-censorship. National and international media freedom organizations and journalists’ associations expressed concern over media freedom and were sharply critical of the Defense Ministry’s role in harassing and intimidating journalists and their lawyers.
Senior government officials repeatedly accused critical journalists of treason and often pressured editors and publishers to run stories that portrayed the government in a positive light. Lawyers who defended journalists were also threatened and pressured by defense and government officials.
In addition to high-profile killings, such as the death of the newspaper editor Lasantha Wickrematunga, media personnel were often subject to threats and harassment during the year. Statements by government and military officials contributed to an environment in which journalists who published articles critical of the government felt under threat.
On January 2, men in an unregistered white van burned the broadcasting station of MTV/MBC in Pannipitiya. The police failed to respond to requests for additional security, and four days later armed men, arriving in unregistered vans, destroyed the studio with guns, clubs, grenades, and a claymore mine. Five suspects were arrested two weeks later, but the magistrate granted them bail and alleged misconduct in the police investigation of the attack. No progress had been made in the case at year’s end.
On February 27, three men in civilian clothes and three men in police uniforms in a van abducted Nadesapillai Vithyatharan, editor of the Sudar Oli, a leading Tamil-language newspaper. After telephone calls by foreign diplomats to senior authorities, police announced that he had been arrested. Authorities held Vithyatharan until April 25, and then released him without charges.
On June 1, the head of the Sri Lanka Working Journalists Association Poddala Jayantha was abducted and severely beaten near Colombo. The attack seemed to have been encouraged by the government, which had aired photos of journalists–including a close-up of Jayantha–during comments by the Inspector General of Police Jayantha Wickramaratne, who called journalists traitors who would be dealt with.
On August 30, a court convicted and sentenced journalist J.S. Tissainayagam to 20 years in prison with hard labor. A number of witnesses testified that his articles did not incite intercommunal tension, the primary charge against him, and there were doubts about the source of changes made to his written confession. His conviction represented the first time that a journalist had been convicted under the PTA for their writings. As international criticism of Tissainayagam’s conviction mounted, government officials made new accusations against him but offered no new evidence and filed no additional formal charges.
On several occasions during the year, copies of the Economist newsmagazine were confiscated by government authorities at the international airport, preventing their release to the magazine′s local distributor. This occurred when articles in the issue were critical of the government.
On July 9, the government officially reactivated the Press Council Act of 1973. This act, which includes power to fine and/or impose punitive measures including lengthy prison terms, proscribed the publishing of articles that discussed internal communications of the government and decisions of the cabinet, matters relating to the military that could affect national security, and details of economic policy that could lead to artificial shortages or speculative price increases. Several demonstrations by journalists took place throughout the latter part of the year against the resurrection of this council.
Internet Freedom
There appeared to be some limited government restrictions on access to the Internet, including suspicions that the government was behind the blocking of Internet access to several Tamil news Web sites, including the pro-LTTE TamilNet.
High-speed Internet was available in major cities and towns, with more widespread use among younger populations. Cell phone use, including text-messaging, was high across a broad spectrum of society. The government did not restrict short message service (SMS) or cell phone usage.
According to International Telecommunication Union statistics for 2008, approximately 5.8 percent of the country’s inhabitants used the Internet.
Academic Freedom and Cultural Events
There were no reports of government restrictions on academic freedom or cultural events.
b. Freedom of Peaceful Assembly and Association
Freedom of Assembly
The law provides for freedom of assembly, and the government generally respected this right in practice; however, some restrictions existed. For example, the 2005 emergency regulations gave the president the power to restrict meetings, assemblies, and processions. The law states that rallies and demonstrations of a political nature could not be held when a referendum was scheduled, but the government generally granted permits for demonstrations, including those by opposition parties and minority groups.
Freedom of Association
The law provides for freedom of association, and the government generally respected this right in practice; however, some restrictions existed, such as those under the emergency regulations. The government often used informants to target individuals for arrests and interrogation based on their association.
Before the end of the conflict, the LTTE did not allow freedom of association in the areas it controlled.
c. Freedom of Religion
Although there was no state religion, the law accords Buddhism a foremost position. It also provides for the right of members of other faiths to practice their religions freely, and the government generally respected this right in practice. The majority of citizens were followers of Buddhism. The Ministry of Religious Education and Moral Uplift Islamic section monitored the doctrinal content of Islamic teachings at mosques in an effort to prevent “extremist” viewpoints from gaining traction among Muslim congregations. The ministry also administered an Islamic charity funded by new mosque registrations. The Buddhist section did not regulate the content of Buddhist religious observances. All new religious buildings are required to register with the government.
Foreign clergy could work in the country, but the government sought to limit the number of foreign religious workers given temporary work permits. Permission usually was restricted to denominations registered with the government.
While the courts generally upheld the right of Christian groups to worship and to construct facilities to house their congregations, local authorities manipulated rules to prevent registration of new Christian denominations or construction or expansion of worship facilities. The Supreme Court ruled in 2003 that although the constitution supported the right of individuals to practice any religion, it did not support the right to proselytize.
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