ICCPR being used to restrict freedom of expression in Sri Lanka
The ICCPR is being used as a tool to restrict freedom of expression in Sri Lanka, Amnesty International said.
“Amnesty International is concerned by the arrest of comedian Nathasha Edirisooriya. The right to freedom of expression applies to information and ideas of all kinds including those that may be deeply offensive. Sri Lankan authorities must ensure that all laws, policies and practices aimed at combatting advocacy of hatred are drafted and applied in a strict manner so that they do not lead to unjustified restrictions of freedom of expression of minorities,” Amnesty International said.
The UK based human rights group said that Section 3(1) of the ICCPR Act, which introduces the ICCPR into domestic legislation, has been used time and time again to restrict freedom of expression. It prohibits advocacy of hatred that constitutes incitement to discrimination, violence or hostility.
“Advocacy of hatred is more than just the expression of ideas or opinions that are hateful towards members of a particular group, it requires a clear showing of intent to incite others to discriminate, be hostile toward, or commit violence against the group in question. When the expression fails to meet this test, even if it is shocking, offensive, or disturbing, it should be protected by the state,” Amnesty International said.
Amnesty noted that the ICCPR Act was enacted to introduce into domestic legislation the obligations that Sri Lanka committed to abide by after ratifying the human rights treaty.
“Ironically, the Sri Lankan authorities are using it instead as a tool of repression to target minorities. This must end,” Amnesty said.
Amnesty said that Nathasha Edirisooriya must be released and any pending charges against her must be dropped immediately. (Colombo Gazette)
