COLOMBO – The arrest of a Sri Lankan stand-up comedian under provisions of the International Covenant on Civil and Political Rights (ICCPR) Act was a move to stifle freedom of speech, the Centre for Policy Alternatives (CPA) said.

Natasha Edirisooriya, who had allegedly made a controversial remark on the young Bodhisatva at a recent performance, was taken into custody on Sunday (May 28) for allegedly “insulting” Buddhism, Sri Lanka’s most widely practised faith.

The CPA said in a statement on Wednesday (May 31) Edirisooriya’s arrest was the “latest move to stifle freedom of speech in the guise of protecting religious harmony”.

Referring to media reports that people who attended the comediy event were also to be questioned by the police, the CPA raised concern over what it called the shrinking space for freedom of expression in Sri Lanka, adding that it has had a chilling effect on dissent.

“Section 3(1) of the ICCPR Act makes it an offence for a person to propagate war or to advocate national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. Arrests made under the pretext of curbing speech that threatens ethnic and religious harmony, under this provision – without any serious consideration of whether such speech amounts to incitement, discrimination, hostility or violence – is violative of the fundamental right to freedom of speech guaranteed by Article 14 of the Constitution and Article 19 of the ICCPR itself,” the CPA said in its statement.

Sri Lanka’s use of the ICCPR Act has been the subject of controversy since the arrest of writer Shakthika Sathkumara, who faced up to 10 years in prison if he was found guilty as he was charged under Section 3(1) of the ICCPR Act and Art 291(B) of the Penal Code of Sri Lanka. Sathkumara, who was in pre-trial detention for months over a controversial short story, was discharged in February 2021 days ahead of a United Nations Human Rights Council (UNHCR) session.

In August 2022, the Human Rights Watch called for amendments to the ICCPR Act to prevent its abuse in prosecuting members of ethnic and religious minorities for speech that is protected under international human rights law.

The CPA in its statement said it had previously highlighted how such provisions are abused and weaponized to target individuals belonging to minority groups, stifle dissenting voices, and criminalize free speech, serving as a distraction from more pressing socio-economic and political issues at a time of an exceptional crisis.

“CPA also notes media reports indicating the introduction of new laws meant to safeguard and uphold religious harmony. Such an announcement is in a context where there is a plethora of laws with the actual challenge not due to a lack of laws but to the lack of proper implementation of such laws and holding perpetrators accountable for incitement and violence. This is confirmed with Sri Lanka’s recent experiences where despite the availability of evidence, no action was taken against alleged perpetrators. In some instances, rather than pursue accountability, authorities appointed individuals accused of incitement to state mechanisms, further entrenching ethno–nationalism and impunity in Sri Lanka,” the statement said.

Against such a backdrop, the CPA urged authorities to desist with efforts to restrict fundamental rights and measures that erode the rule of law and weaken Sri Lanka’s fragile peace.

-economynext.com