International Press Freedom Mission chase wild geese in Sri Lanka

“In the wake of my death I know you will make all the usual sanctimonious noises and call upon the police to hold a swift and thorough inquiry. But like all the inquiries you have ordered in the past, nothing will come of this one, too. For truth be told, we both know who will be behind my death, but dare not call his name. Not just my life, but yours too, depends on it….” Lasantha Wickrematunge the assassinated editor of the Sunday Leader in his posthumous editorial.

(July 29, Colombo, Sri lanka Guardian) Lasantha knew of the consequences of his being a true journalist in Sri Lanka and had to pay the price for being one.

The International Press Freedom Mission (IPFM) in their open letter to President Rajapakse of Sri Lanka (appended) have addressed him on the premise that they were addressing a Head of a state and government with an inclination and the receptiveness for the restoration of a strong and virile democracy. If they were thinking that they could be helpful in proffering valuable advice on how the media could play a role towards this, then they are chasing a bunch of wild geese with a very tall order constituting eleven requests, when even one, the Sri Lankan leadership will refuse to deliver.

First, let us take the fourth request: “Release the first results of the investigation into the murder of Lasantha Wickrematunge in 2009”. The IPFM is rather out of date asking for the first result when the final result has come. A Minister of state, Mervyn Silva said to be the direct descendent of Dutu Gemunu has already made a public declaration at a meeting in Hunupitiya, Kelaniya thus: “Lasantha from the Leader paper went overboard. I took care of him. Poddala (another journalist) agitated and his leg was broken. Now a fellow in my electorate is trying to stand against me. I now tell him in his own hometown, I will give him only seven more days. If he does not resign as chairman of the Kelaniya Pradeshiya Sabha, don’t blame me later on. You don’t find fault with me. If this fellow goes against what I say, I will send him to the place where I sent Lasantha…” This is clearly not an admission or a confession but an undertaking given to a victim in waiting. God forbid.

At a time when King Dutu Gemunu I is being euphorically resurrected in the image of President Rajapakse his loyal minister in his supreme arrogance says: “Come and get us!” When the royal declaration epitomises the concept of impunity obtaining in the highest circles of Sri Lankan leadership what chance does the IPFM have in the world to even request to combat impunity as stated in the first request. Immunity is the privilege of the Sri Lankan royalty. This minister maintains an unblemished record of destroying all vehicles of free speech that come in his way to be helpful to his masters. Basil Fernando of the Asian Human Rights Commission in a damning indictment on the indifference and apathy of the Sri Lankan society to such impunity says most succinctly: “The absence of outrage is a sign of zero faith in the government. No one asks the government to do justice. This is the extent of loss of faith in good governance. Morally and legally, the country has reached its lowest depth”.

The second request for all journalists to work safely, in particular in areas where local council elections would soon take place such as Jaffna and Vavuniya: Talking of journalists working safely when the press has already been threatened and newspapers blatantly burnt in public, a show of strength by the parties in power, one can just imagine the end result. The third request is for journalist JS Tissanayagam and his colleagues to be released: His case is to come up soon and they can rest be assured that he will return to his cell. It must be remembered that his only real crime is that he is a Tamil. Except for this there is no case against him.

Fifth request: “Provide full and unconditional access to the IDP camps for all media in order to report freely and fairly on the reconstruction process since the end of the war….” They must be out of their minds? The IDP camps in Vavuniya are the very epicentre of all human rights abuses and the prototype of the current war crimes and the ongoing crimes against humanity. Do they expect media agencies to be allowed there to report to the rest of the world on the happenings? Even the films of the spectacle of Rajapakse’s son being showered with stones were destroyed on his orders by the media subservient even to a relative of the president who had gone there, not surprisingly, to gain publicity at the expense of the adversity of the suffering Tamil people ‘liberated” by his father. So much for the prospects for an independent and free media to survive.

Asking for the repeal of the Press Council Act No. 5 of 1973 in request 6, when they have only just decided to revive it to imprison journalists for long terms is insane, and then to say: “allow the media to strengthen the existing self-regulatory mechanism, in accordance with democratic practices”, The media minister has already stated: “journalists enjoy unlimited rights in reporting, it naturally becomes counterproductive when they employ their rights to harm the reputation of others.” Apprently, he referring to dignitaries like Mervyn Silva and his other colleagues? Talking of something non-existent like democracy is a waste of time and journalists doing so will do so at their own peril as the families of some journalists have discovered.

Request No7: Introduce training for the police, army and the intelligence agencies on freedom of expression and the important role of the media in a democratic society. Since 2007, security forces have been allegedly responsible for kidnapping, beating and threatening at least 34 journalists and media workers: Try telling this to President Rajapakse’s little brother Gotabaya the defence secretary whose wrath can be disastrous. He should under no circumstances be annoyed. It would be recalled that when pressed at a media interview about aerial bombardments on hospitals he said there were no safe zones and all areas were vulnerable in the war that was claimed to be an humanitarian operation meticulously avoiding civilians and hospitals. He can be very ruthless when it comes to journalists. After all he was fighting a war against global terrorism, namely the Tamil people of Sri Lanka. The websites under his control have also claimed that the lawyers appearing for the Sunday Leader are traitors.

In 8 they say: “Award financial compensation to journalists who have been arbitrarily detained, beaten or otherwise harassed by security forces”. Do they think that they were detained, beaten and harassed to be rewarded from the state coffers awaiting the IMF loan? No way, especially in these days of the global recession. Further there are 150 ministers of state with their retinues with no work that could be productively done with 70 % of the budgetary expenditure shared amongst the three Rajapakse brothers. They have also to feed the near starving workers and peasants clamouring for food and basic amenities.

Regarding No. 9: Invite the UN Special Rapporteur for Freedom and Expression to visit Sri Lanka, in line with your Government’s commitments to the Human rights Council in 2006: Human rights in Sri Lanka are now irrelevant and defunct and the human rights commission which started with all the trappings and fanfare with an international team of eminent persons has been disbanded with absolutely no result—an eye wash.

Regarding request 10: Work with the state-owned media to ensure the immediate end to direct verbal attacks and threats against independent journalists and press freedom activists, which has in particular promoted the unethical spread of accusations portraying the media as LTTE-supporters in a concerted hate campaign that has put several journalists’ lives in unnecessary danger: the state owned media work in mortal fear for their lives. Have they not noticed that the only truth reported in the state owned press are the date and the obituary notices? All media have been warned that they are either with the government or against them. Go no further but take the latest case of Ravi Nessman of the Associated Press who has left Sri Lanka on the government’s refusal to renew his visa. He also revealed of a government document outlining a plan to keep hundreds of thousands of displaced people in camps for up to three years declined to renew his journalist's visa.

In request 11 they have asked for structural legal reforms to create an enabling environment for a free and independent media including by transforming the existing state media into independent public service media, with guaranteed editorial independence etc. They must be out of their minds. The only newspapers that can survive are those that are servile and could unashamedly crawl to them. At a time when nearly 300,000 Tamils have been virtually imprisoned without them knowing why they should remain prisoners with hundreds falling sick and dying weekly, women and children afforded the most horrendous conditions of life with minimum nutrition denied, the traumatic pregnant women forced to abort, it is absurd to make this request when the media national or international are last thing in the world that the leadership would want to have around witnessing their programme of genocide in progress.

Our advice to the IPFM is not to waste their valuable time and energy in addressing the terrorist state of Sri Lanka on measures of media freedom. They could only injure themselves by banging their heads against a wall. A good try anyway.
The following is the IPFM letter:

International Press Freedom Mission to Sri Lanka
16 July 2009

Open Letter to His Excellency President Mahinda Rajapaksa

The International Press Freedom Mission to Sri Lanka, which is comprised of representatives from the world’s media community, including Reporters Without Borders, is extremely concerned over the ongoing spate of violent attacks against the media. However, in spite of the military victory over the Liberation Tigers of Tamil Eelam (LTTE), the deterioration of the press freedom situation in the country has continued.

We welcome your recent statement ensuring the safety of Tamil-language media outlets following a series of harrowing attacks and death threats against their personnel.

However, we believe that much needs to be done immediately to ensure that Sri Lanka’s journalists and independent news media in Sinhala, Tamil and English enjoy the freedom and safety to which they are entitled in a democracy.

The International Mission would therefore like to propose to you and your Government an 11-point plan to redress the perilous press freedom environment in Sri Lanka:

1. Combat impunity through the creation of a Special Prosecutor’s Office for the investigation of crimes against the media with full autonomy to investigate attacks on and assassinations of journalists and to bring those responsible to justice. Several journalists have been killed since 2007, and yet none of these murders has yet been solved.

2. In accordance with international standards on media freedom and freedom of expression, put in place effective measures to ensure that all journalists can work safely, in particular in areas where local council elections will soon take place such as Jaffna and Vavuniya.

3. Release imprisoned journalist J.S. Tissainayagam and his colleagues B. Jasiharan and V. Vallarmathy, who have been detained since March 2008 under the Emergency Regulations, and were later charged under the 2006 Prevention of Terrorism Act. Withdraw all unjustified complaints and lawsuits brought by the police and government against journalists and freedom of expression activists and repeal legal provisions which may be used to punish journalists for engaging in legitimate media work, including those found in anti-terrorism legislation.

4. Release the first results of the investigation into the murder of Lasantha Wickrematunge in 2009.

5. Provide full and unconditional access to the IDP camps for all media in order to report freely and fairly on the reconstruction process since the end of the war. The media can play a vital role in making sure that the reconstruction and reconciliation efforts are genuine and have real impact to bringing lasting peace.

6. Repeal the Press Council Act No. 5 of 1973, which includes powers to fine and/or impose criminal measures, including sentencing journalists, editors and publishers to lengthy prison terms. Instead, allow the media to strengthen the existing self-regulatory mechanism, in accordance with democratic practices.

7. Introduce training for the police, army and the intelligence agencies on freedom of expression and the important role of the media in a democratic society. Since 2007, security forces have been allegedly responsible for kidnapping, beating and threatening at least 30 journalists and media workers.

8. Award financial compensation to journalists who have been arbitrarily detained, beaten or otherwise harassed by security forces.

9. Invite the UN Special Rapporteur for Freedom and Expression to visit Sri Lanka, in line with your Government’s commitments to the Human rights Council in 2006.

10. Work with the state-owned media to ensure the immediate end to direct verbal attacks and threats against independent journalists and press freedom activists, which has in particular promoted the unethical spread of accusations portraying the media as LTTE-supporters in a concerted hate campaign that has put several journalists live in unnecessary danger.

11. Introduce structural legal reforms to create an enabling environment for a free and independent media including by transforming existing state media into independent public service media, with guaranteed editorial independence, by adopting a strong right to information law and by overhauling broadcast regulation to put it in the hands of an independent regulator with a mandate to regulate in the public interest.

We are aware that the task you face is enormous, but we hope that your conviction to ensure a prosperous and democratic future for Sri Lanka will lead you to make it a priority to strengthen press freedom as a vital pillar in the reconstruction of a unified Sri Lanka.

We, as leading press freedom organisations across the globe, hope that you will give your personal attention to these matters and that you will encourage your government to consolidate a climate in which journalists can work freely and without fear.

In October 2006, June 2007 and October 2008 delegations from the International Press Freedom Mission to Sri Lanka, which is comprised of twelve international press freedom and media development organisations, undertook fact-finding and advocacy missions to Sri Lanka.

Those organisations joining this statement from the International Mission group include:

ARTICLE 19

Committee to Protect Journalists (CPJ)
International Federation of Journalists (IFJ)
International Media Support (IMS)
International News Safety Institute (INSI)
International Press Institute (IPI)
Reporters Without Borders (RSF)
World Association of Newspapers and News Publishers (WAN-IFRA)
World Press Freedom Committee (WPFC)

Vincent Brossel
Asia-Pacific Desk
Reporters Without Borders
33 1 44 83 84 70
asia@rsf.org

-Sri Lanka Guardian