Press Freedom in Sri Lanka: A Long Road to Justice

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Press Freedom

At the gravesite of the late editor-in-chief of the influential English-language newspaper Sunday Leader Lasantha Wickrematunge, who was killed in his car on January 8, 2009, on his way to work in Colombo. Credit: Johan Mikaelsson/IPS

At the gravesite of the late editor-in-chief of the influential English-language newspaper Sunday Leader Lasantha Wickrematunge, who was killed in his car on January 8, 2009, on his way to work in Colombo. Credit: Johan Mikaelsson/IPS

COLOMBO, Oct 25 2024 (IPS) – Anyone interested in unsolved murders and disappearances will find much to study in Sri Lanka. Fifteen to twenty years ago, the country made global headlines, not only for the government’s military offensive against the Liberation Tigers of Tamil Eelam (LTTE) guerrillas but also for the numerous murders of journalists. The newly elected president, Anura Kumara Dissanayake—often referred to as AKD—seems determined to address the culture of impunity.


Local press freedom organizations in Sri Lanka have documented 44 cases of murdered and disappeared journalists and media workers between 2004 and 2010. International media watchdogs report lower numbers due to narrower definitions of who qualifies as a journalist. Regardless, it is well known that many journalists risk their lives. To date, no one has been convicted for the crimes committed against individual journalists or entire newsrooms.

One of the most iconic and globally recognized cases is the murder of Lasantha Wickrematunge, who was killed in his car on January 8, 2009, on his way to work in Colombo. As the editor-in-chief of the influential English-language newspaper Sunday Leader, Wickrematunge was a vocal critic of the government and a prominent figure in public debates.

The Rajapaksa brothers, ex-president Gotabaya Rajapaksa and his brother Mahinda, allegedly obstructed investigations into his murder as well as those involving journalists and members of parliament. Yet, the Wickrematunge family remains hopeful that justice will not only be served for Lasantha but also for all murdered journalists and their families, colleagues, and society as a whole.

Lal Wickrematunge, former owner of the now-defunct Sunday Leader, explained that a new process has begun, gaining momentum since the September 21 presidential election.

“This election was crucial because what’s needed now is political will, just political will,” Lal stated.

He had received assurances from two major presidential candidates, Sajith Premadasa and Anura Kumara Dissanayake, that the investigations would resume post-election.

“They requested to bring back retired CID inspectors to see if they can finally close these cases,” he added.

Since Dissanayake’s clear victory and his formation of an interim government, Lal confirmed that these promises have been fulfilled so far. With parliamentary elections set for November 14, Dissanayake’s leftist coalition, National People’s Power, is projected to secure a majority.

“The new president has reinstated investigators who were previously dismissed or even imprisoned on fabricated charges. These investigators are now back to work, aiming to bring those responsible for journalists’ murders—both in the South and North—to justice,” Lal said.

Hope for Accountability

After the election results were announced, a curfew was imposed, and security was heightened at international airports to prevent former politicians implicated in various crimes from leaving the country. With the upcoming parliamentary elections, Lal remains optimistic.

“I believe this is a step in the right direction. So far, the president has earned the trust of even those who didn’t vote for him, and it looks like his party will win a solid majority in parliament. He’s promised transparency and good governance, and he’s staying true to his word, gaining the confidence of people across the country,” Lal explained.

He then recalled the events of January 2009, when his brother Lasantha was murdered. Four men on two motorcycles smashed the windows of Lasantha’s car. Witnesses didn’t hear any gunshots, but Lasantha had a hole in his skull with no exit wound, and no bullets or gunpowder residue were found. It’s believed the killers used a bolt gun—typically used to slaughter livestock—which they concealed in a rolled-up newspaper.

The suspected mastermind behind the murder is Gotabaya Rajapaksa, who served as president from 2019 to 2022. After several months of widespread protests (known as Aragalaya, which means struggle in Sinhala) against his government over claims of resource mismanagement, fuel shortages, and skyrocketing food prices, he resigned. Rajapaksa, who returned to Sri Lanka after his resignation, now lives off the state like four other former presidents.

As Secretary of Defense from 2005 to 2015, Gotabaya allegedly ordered the assassination. The motive was linked to Sunday Leaders reporting on corruption, particularly in the purchase of used Russian-made MIG fighter jets from Ukraine, where Rajapaksa was implicated as the main beneficiary. Rajapaksa sued the newspaper for defamation, and a court hearing was scheduled for 2009, but the case never proceeded due to Lasantha’s murder.

The Fight for Justice Continues

Though it has been 15 years since Lasantha’s death, his legacy endures, as do the memories of other murdered journalists. Of the 44 documented cases, 41 involved Tamil journalists. Many Sri Lankan journalists in exile, including those associated with JDS Lanka (Journalists for Democracy in Sri Lanka), continue to report on the situation back home.

In 2021-2022, a legal initiative called “A Safer World for the Truth” took place in The Hague under the auspices of The People’s Tribunal on the Murder of Journalists. This project, led by the Permanent People’s Tribunal in collaboration with Free Press Unlimited, Reporters Without Borders, and the Committee to Protect Journalists, reviewed three murder cases, including Lasantha’s.

Nishanta Silva, the lead investigator in the case, now in exile in Switzerland, presented evidence pointing to the involvement of the “Tripoli Platoon,” a secret military unit directly under Gotabaya Rajapaksa’s control.

Although targeted killings of journalists have ceased since 2009, Sri Lanka remains far down in global rankings for press freedom. In Reporters Without Borders’ Press Freedom Index, Sri Lanka ranks 150th out of 180 countries—a grim reflection of the ongoing challenges. Tamil journalists in the north face the greatest difficulties.

Press Freedom in Northern Sri Lanka: Challenges and Resilience

In Jaffna, the largest city in northern Sri Lanka with a population of 170,000, a vibrant Press Club brings together many local journalists who support one another. Similar press clubs exist in Kilinochchi and Mullaitivu, two other northern cities.

In October 2020, Mullaitivu Press Club president, journalist Shanmugam Thavaseelan, and photojournalist Kanapathipillai Kumanan were investigating illegal logging when a group of men approached and attacked them as they were photographing and filming a stack of about 200 tree trunks.

Both Thavaseelan and Kumanan were brutally beaten, with Thavaseelan losing two teeth. They spent three days in the hospital. Thavaseelan’s missing teeth serve as a lasting reminder of the assault.

During the attack, they were forced to delete the contents of a memory card; one card went missing, and one camera was damaged. The two journalists were also robbed of about 50,000 rupees, equivalent to USD 150. Their investigation revealed that the illegal logging was extensive and involved local authorities.

The attackers were identified and arrested by the police but were released on bail after a month. Four years later, the case remains ongoing in court.

“No journalist has been murdered or disappeared since 2009-2010. But they harass us and try to intimidate us in other ways. Over the past ten years, I’ve been involved in five court cases,” says Thavaseelan.

Journalists covering routine news, sports, and cultural events typically face no issues. However, those investigating corruption or misconduct often find themselves in trouble. Most journalists rely on motorcycles for transportation, making them vulnerable on the roads, where there have been multiple incidents of cars deliberately trying to run them over.

“There is no specific legal protection for journalists while we’re doing our work, unlike for government employees,” Thavaseelan explains.

Kumanan, who monitors and reports on the Mullaitivu region, is constantly under surveillance by military intelligence personnel. In this area, there is one Sinhalese soldier for every three Tamil civilians, and they regularly check on Kumanan and track his movements.

“I know my rights, and I stand up for myself, which usually makes them back off,” Kumanan says.

A Struggle for Justice

Freddy Gamage, a Sinhalese journalist from Negombo near Colombo, is president of the Sri Lanka Web Journalists Association and works to strengthen the bonds between journalists and press freedom advocates in the north and south. Over the years, he too has been the target of attacks.

“Our struggle for justice is incredibly difficult and has been going on for over a decade. It’s hard to see how justice will be served, even if the government changes, given how successive Sri Lankan governments have acted in the UN in Geneva, where these issues are raised,” Gamage says.

“But we can’t give up. We need to continue our efforts to unite journalists from the north, east, and south. After the elections, we need to consider what steps we can take, both nationally and internationally, to secure justice,” Gamage explains.

Every year, memorials for murdered journalists are held, where colleagues gather to renew their calls for justice. With the recent change in government, there is hope, but realizing justice will require strong political will, hard work, and perseverance.

IPS UN Bureau Report

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15 Years After the Civil War Ended, Sri Lanka Faces Another Crucial Election

Armed Conflicts, Asia-Pacific, Civil Society, Crime & Justice, Development & Aid, Featured, Headlines, Human Rights, Humanitarian Emergencies, International Justice, Sustainable Development Goals, TerraViva United Nations

Democracy

Agnes Callamard, Secretary General of Amnesty International, addresses the media and the community at the site of the Mullivaikal massacre. She says justice is overdue for the families of those killed and disappeared during the Sri Lankan civil war. Credit: Johan Mikaelsson/IPS

Agnes Callamard, Secretary General of Amnesty International, addresses the media and the community at the site of the Mullivaikal massacre. She says justice is overdue for the families of those killed and disappeared during the Sri Lankan civil war. Credit: Johan Mikaelsson/IPS

MULLIVAIKAL, Sri Lanka , Sep 16 2024 (IPS) – Thousands of Tamils are heading to Mullivaikal on the northeast coast of Sri Lanka, many of whom were here 15 years ago and still live in the region. They are there, May 18, to commemorate the massacre of civilians in a ‘no fire zone’ during the final stages of the civil war.


This was the last day of the bloody civil war, which raged mainly in the northern and eastern parts of the island since 1983. The Liberation Tigers of Tamil Eelam (LTTE) guerrillas had finally surrendered to the Sri Lankan government. The aftermath continues to rock the island.

The ethnic conflict between the island nation’s majority Sinhalese population and the minority Tamils (who were in the majority in the north and east) had escalated after 1948 when the country gained independence from Britain, the last in the line of colonial powers.

The whole island suffered during the war. Sri Lankan Tamils have been through a lot, especially those who lived in the war-torn north. Everyone who came to the beach on this day of remembrance wants to honor the memory of loved ones who fell victim and the blood that was spilled in the sand.

“Everyone here has a family member or relative who didn’t make it,” explains the teacher Shanmuganathan, who has stopped with his motorcycle by the road where porridge made from rice, the only thing that was available to eat in the war zone, is being offered before Memorial Day.

The war has left its mark. He shows scars from shrapnel and tells us that he lost his wife in the final stages of the war. He has continued to work and is involved in a teacher’s union.

Women pray during the commemoration of the Mullivaikal massacre. Thousands died in no fire zones in the final days of the war. Credit: Johan Mikaelsson/IPS

Women pray during the commemoration of the Mullivaikal massacre. Thousands died in no fire zones in the final days of the war. Credit: Johan Mikaelsson/IPS

Internationally, the calls to investigate targeted bombings of civilians, mass executions of surrendering Tiger soldiers and leaders, widespread sexual violence and other torture are no longer as loud. Many of those who protested and demanded to know what happened to missing relatives have died without receiving any response from the government.

When war crimes are discussed, the government side highlights that the terrorist-branded LTTE carried out acts of terror against civilian targets in the south and that Tamils in the north were used as human shields.

The peace process that began in 2002 with a ceasefire and peace talks led by the Norwegian government and facilitator Erik Solheim stalled and the ceasefire agreement was torn apart by the parties. Sri Lankan government forces in 2008 launched a final offensive to capture the parts then still controlled by the LTTE, which had been fighting for a separate Tamil state in the northern and eastern parts of the island.

In early 2009, the Tigers abandoned their main stronghold, the town of Kilinochchi. The areas under guerrilla control were shrinking ever faster. Tiger leader Velupillai Prabhakaran did not listen to calls to lay down arms and surrender. Eventually, a narrow coastal strip remained, with several hundred thousand civilians and the remnants of the guerrilla movement pressed together and under fire from land, sea, and air.

For Remembrance Day, a school in the town of Puthukkudiyiruppu is organizing a poetry competition. One of the participants, Kamsaini, now 24, wants to share her experiences with the schoolchildren, who were born after the war.

“The generations after me know nothing about the pain I felt these days. We had neither food nor water and I lost several family members; some died, and my sister is missing,” explains Kamsaini.

In place under the hot sun in Mullivaikal is Agnes Callamard, Secretary General of Amnesty International. During her stay on the island, she has met President Ranil Wickremesinghe, who opened up for the visit, which was not a given. When the Rajapaksa brothers ruled the country (2005-2015, 2019-2022), the government allowed the military and police to prevent Tamils from observing commemorations linked to the war.

One reason why Callamard and Amnesty International want to be there is that she does not want Sri Lanka to “fall off the agenda,” which could happen if the main actor within the United Nations, the Office of the High Commissioner for Human Rights in Geneva, does not succeed with the latest in a series of resolutions on Sri Lanka voted through in the UN Human Rights Council.

She sees the issue of the war in Sri Lanka as a crucial test for the international community. A 30-year-long civil war must not be swept under the carpet, she believes

“Every time we fail to create justice, we all, including the international community, get a wound. We’re here because we don’t want that to happen. We feel the determination of many people in Sri Lanka and civil society, both Tamils and Sinhalese and a range of actors who are committed to seeing justice delivered,” says Callamard.

In this way, it represents a defining moment for the United Nations. Callamard is critical of the UN Security Council, which “has not taken a single step for Sri Lanka.”

Amnesty International advocates, as do a number of states, that the latest resolution must be implemented.

“Just a lot of ‘blah, blah, blah,’ something for the eyes, investments in so-called institutions and nothing, nothing, nothing. Fifteen years. Come on!” she urges.

Even on the island, there are far too many who have done nothing at all.

“The point is that the government in power must step forward, the political parties must step forward, the parliament must step forward, the religious leaders must step forward, cultural leaders must step forward. It should be an issue that everyone rallies around. The problem is that governments are being replaced. So it’s not good enough. Everyone must take their responsibility,” says Callamard.

In Mullivaikal, many people share memories. James Confucius, a Catholic priest, tells how he and a group of people barely made it out of the war zone alive.

“We waved a white flag, and we went in the direction of the soldiers to surrender, but then they shot at us, so we had to turn back,” he says.

They waited in a sand bunker and finally got another opportunity. The soldiers they encountered believed that an injured woman in the group was a Tiger soldier, because she had short hair. The priest pleaded and said she needed hospital treatment, but the soldiers said the woman had to stay.

The group had to move on and when they had gone only a short distance, they heard a shot.

“I turned around and saw that the woman had been shot,” says Confucius.

In total, roughly 300,000 people got out of the war zone. An estimate that has often been used is a death toll of 40,000 civilians in the final stages of the war alone. Tamils state higher numbers, while Sri Lankan authorities write low death tolls, including in the 2010 report by the Lessons Learned and Reconciliation Commission (LLRC), appointed by the government.

The then sitting president, Mahinda Rajapaksa, had previously said that “not a single Tamil civilian has been killed by the military.”

Experts have dismissed the statement as absurd. While the majority of Tamil politicians still refer to “genocide,” the issue of death tolls rarely receives the same attention as it did in the years after the civil war.

The UN Human Rights Council has voted through a number of non-binding resolutions that Sri Lanka is expected to follow, but no real action on the problem has been taken in Sri Lanka. There is also nothing to suggest that this will happen.

None of the main candidates in the presidential election on September 21 have highlighted truth-seeking, the rule of international law, regional power-sharing and reconciliation—what the UN is asking for. The economy is in focus, the nation and the citizens, and all candidates want to stop corruption.

The agreement that the government reached with the International Monetary Fund (IMF), is also being discussed. It was negotiated by President Ranil Wickremesinghe, who is not elected by the people but took over by a vote in Parliament after Gotabaya Rajapaksa resigned and fled the country as a result of the April-July 2022 Aragalya (meaning struggle in Sinhalese) protest movement. Before that, Rajapaksa had appointed Wickremesinghe as Prime Minister.

At the Ministry of Defense (MOD) on the outskirts of the capital Colombo, soldiers and officers move inside the compound, which is surrounded by high walls. For some, the Vesak holiday awaits when the full moon approaches. The armed forces also marked the end of the war and Victory Day, but more quietly than in previous years.

Colonel Nalin Herath is the MOD media spokesperson. Right now, work is being done to adapt the forces to actual needs. Herath says they will shrink to 100,000 by 2030. Many who were previously employed in the military have faced unemployment as civilians.

An urgent issue is trying to bring home hundreds of ex-soldiers who were lured by middlemen to go to Russia to work for Russia’s army. Most are said to have received promises not to take part in battle, which hasn’t been the case.

“We should not have mercenaries in war; it violates international law,” says Nalin Herath.

Some have also fought and died on Ukraine’s side. Herath emphasizes that Sri Lanka is neutral, adheres to non-alignment, and does not want to comment on whether it is worse to fight for Russia, which is waging an illegal war of invasion and committing war crimes.

Close to 20 men from Sri Lanka, who were on the Russian side of the front in June, were confirmed dead. An unknown number of men have surrendered to Ukrainian forces. Hundreds of former soldiers have not been heard from for a long time, which emerged after the Ministry of Defense in April-May opened a telephone line where relatives can call.

Sri Lankans who have become Russian citizens can effectively be stuck in a death trap, as the Sri Lankan government became aware after a delegation traveled to Moscow in June to discuss the matter with the Russian counterpart. It was explained that the Sri Lankans who became Russian citizens are now under Russian law.

As a spokesperson for a military organization, Herath talks about a general goal.

“War means destruction. Both parties suffer. This should not be an era of war. As a soldier, I want to see a peaceful world. The smartest thing would be to avoid the wars,” he states.

He highlights international humanitarian law, which he teaches, both in Sri Lanka and internationally. He mentions the good the Sri Lankan military has done. After the war, minefields were cleared, land was returned and soldiers donated blood to the hospitals.

But he cannot comment on Amnesty International’s statement. Political leaders are responsible for handling this. He nevertheless states:

“Violations occur in all wars. Here we are dealing with isolated cases,” he adds.

Consensus still lingers.

IPS UN Bureau Report

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