Should not the GOSL guarantee that human rights defenders are able to carry out their legitimate human rights activities without fear of reprisals.!!!

Human rights and Sri Lanka

Recently there was a report that an NGO office had been burnt down. There is constant criticism of Human Rights Organizations by spokesmen of the ruling party. Even those in authority don’t seem to either know or do not care for such organizations. But Human Rights organizations are legitimate organizations recognized by the UNO and all States are required to protect Human Rights workers and Human Rights organizations. Should not the government guarantee that human rights defenders are able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions including judicial harassment.

The Human Rights Commission should draw the attention of the Government to the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, which recognizes the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals. Article 6 specifies that

(c): "*Everyone has the right, individually* *and in association with others: (c) To study, discuss, form and hold

opinions on the observance both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters"*, and to Article 12 (2): "*The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of* *his or her legitimate exercise of the rights referred to in the present Declaration.*"

ii. Put an end to all acts of harassment - including at the judicial level - against all human rights defenders in so that they are able to carry out their work without hindrances;

iii. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, in particular with its Article 1, which provides that "everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels", as well as with Article 12.2 ("the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, *de facto *or *de jure *adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration");

iv. More generally, ensure in all circumstances the respect for human rights and fundamental freedoms in accordance with in accordance with the Universal Declaration of Human Rights and with international and regional human rights instruments ratified by India.


R .M. B Senanayake


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