Siva Parameswaran
The Sri Lanka Navy has been restrained from stopping its citizens from traveling to Iranaitheevu island off the coast of Mannar by the Human Rights Commission of Sri Lanka (HRCSL) while allowing a fundamental Rights petition by Rukhi Fernando a journalist and human rights activist.
“The Navy had violated my right to freedom of movement by blocking me from traveling to the remote Iranaitheevu island in Killinochchi district on March 5, 2021,” he said in his petition to the HRCSL.
HRCSL has also instructed the navy not to ask for prior authorization or notice unless such restrictions are warranted by law and clear orders are issued to the officers stationed in the North Central Naval area.
Emphasizing the freedom of movement is guaranteed under article 14 (1) (h) of the Sri Lankan constitution and also article 12 of the International Covenant on Civil and Political Rights in which Sri Lanka is also a signatory, HRCSL made it clear “Given the possibility of future infringements of freedom of movement of citizens traveling to Iranaitheevu, it was not appropriate to it was not proper to refer this matter for conciliation or mediation”.
Background
Rukhi Fernando along with two other journalists, had arrived on the morning of 5th March 2021 at Iranaimathanagar in Mulankavil with the intention of visiting Iranaitheevu. However, the Sri Lanka Navy at the relevant checkpoint prevented him and the other two persons from boarding a boat and traveling to the island. He complained that his freedom of movement had been violated by the prevention of his entry into Iranaitheevu.
Subsequently, the Commission called for a report from the Sri Lanka Navy Headquarters.
In what is considered a vague reply, a letter on behalf of the Commander of the Sri Lankan Navy, informed the Commission that a ‘communication gap’ between the Naval Headquarters and the North Central Naval Area and that no journalist had been denied entry into the said island.
In what could be construed as a contradiction the Naval Headquarters in the same reply said as quoted in the HRSCL in their order “it stated that if any journalists wished to travel to the said island in the future, they should inform the Sri Lanka Navy, which can provide assistance with respect to traveling to the island”.
As part of their investigation, the HRSCL also called for a report from the District Secretary, Killinochchi who replied, “Since there is no police post in Iranaitheevu, the Sri Lanka Navy is usually vigilant with respect to illegal activities. Therefore, the Sri Lanka Navy usually checks the identity of non-residents who wish to enter Iranaitheevu”.
Rukhi and his team had rented a van for their journey to Iranaitheevu.
“We had rented a van and undertaken a long overnight journey from Colombo to Mulankavil from where we had arranged to rent a boat from the local fisherfolk to travel to Iranaitheevu island. Community leaders in Iranaitheevu, including the parish priest, were waiting for us. I had planned to join a meeting and protest by the residents of the island that day. I also wanted to write an article about the socio-political-economic situation on the island and visit the historical Catholic church, which I had done on previous visits. But due to the arbitrary restrictions imposed by the Navy, I could not do any of this”.
Apart from its ‘communication gap’ the Sri Lankan Navy also caught itself entangled with their spokesperson telling the local media on March 16th, 2021 that “Anyone who wishes to go to Iranaitheevu is allowed to enter the island now”.
Rukhi Fernando has questioned the use of the word “now” saying that implies at least people were not allowed to go earlier.
“This implies that the Navy has restrictions for certain people going to Iranaitheevu island or that they will only allow people to go if they make prior notice.
Not only those outside the island are allegedly harassed by the Navy. Locals too suffer at the hands of the Navy.
“Even people who were born in Iranaitheevu, but are not on the list of the Navy are not allowed to enter” according to media reports.
A few months back Belgian photojournalist working for a Netherlands media was stopped from proceeding to Iranaitheevu. Elke Scholiers, based in New Delhi and working for various international outlets, had prior permission and an accreditation card from the media ministry for her coverage.
“On a work trip in Sri Lanka. The Navy and Ministry of Defence at Mulangavil is restricting my movement as a photojournalist to visit the Island Iranaithivu. Obtained documentation to access island and legally work in Sri Lanka. The navy also advised me to not tweet” she tweeted on the 1st of October this year.
However, after a few hours and numerous calls, she was finally able to go to the island which she confirmed in an updated tweet subsequently.
“Update – After 6h of negotiations between myself and various navy officials and with the help of the Ministry of Home Affairs and HRCSL, I was able to reach Iranaithivu Island. I made about 50 phone calls and sent around 15 emails in this 6h stretch”.
Rukhi Fernando also says while the HRCSL deemed the action of the Navy to be not according to law, the Commission rejected his requests to recommend to the Navy acknowledge the violations and submit a written apology to him. This also included reimbursing the costs incurred by his traveling towards Iranaitheevu and compensation for violation of his rights.
HRSCL has also instructed the Navy to “Issue clear written instructions in the form of a circular to the relevant officers stationed in the North Central Naval Area directing the same to permit all citizens of Sri Lanka to enter Iranaitheevu without any instructions, including the need of prior authorization or notice”.
