Persisting culture of surveillance and intimidation in the North-East
by Adayaalam Centre for Policy Research, Jaffna, February 2025
This report sheds light on the prevailing patterns of surveillance, intimidation, and arrests that activists, civil society members, and journalists face in the North-East of Sri Lanka, and is one of the recent studies exploring the security situation in the region. It is based on the security related incidents in, and the interviews conducted with activists, journalists and community members from, the North-East in 2024. Despite the changes in government, the North-East continues to be heavily surveilled, and activists and civil society are viewed with suspicion. The Sri Lankan government continues to use repressive law to suppress dissent, particularly the Prevention of Terrorism Act of 1979, which it promised it would not utilise. Consequently, there is a climate of fear in the North-East regarding activism and journalism, despite the popular narrative of system change.
Moreover, peaceful memorialisation/commemoration, which plays a pivotal role in the Tamil community, faces hindrance from Sri Lanka’s security apparatus. Police resort to nuisance laws to obtain restraining orders to prevent memorialisation/commemoration events. Intelligence officers interrogate and threaten the organisers with the aim of dissuading them. The two major commemoration events in the North-East, the May 18 memorialisation (in relation to those who were killed during the final phase of the armed conflict), and November 27 (in relation to commemorating fallen LTTE combatants), are still being undertaken amidst heavy scrutiny and threats.
In this climate, the recent regulation requiring all NGOs/CSOs to register with the NGO Secretariat under the Voluntary Social Service Organizations Act of 1980 will have an adverse impact on CSOs in the North-East. Part of the registration involves clearance from the Ministry of Defence. Since many CSOs in the North-East are under surveillance, they may not be issued with the necessary clearance. The report also discusses how the Online Safety Act and the Anti-Terrorism Bill (if passed) could be used/abused to entrench surveillance in the North-East.
Addressing the prevailing security conditions in the North-East is indispensable for the continued activism and memorialisation in general, and for the continued functioning of civil societies in particular. ACPR urges all stakeholders to work towards the recommendations outlined in the report, and to contribute to the protection and expansion of civic space in the North-East of Sri Lanka.
The full report can be read here.
INTRODUCTION
A widely held belief among the international and diplomatic community is that normalcy has
returned to Sri Lanka following the end of the armed conflict in 2009. Many states have
maintained or increased engagement with the Sri Lankan security forces, and only few, if
any, sanctions are in place. This narrative of post-war peace and stability is in stark contrast
to the true condition of the Northern and Eastern Provinces (North-East). Fifteen years after
the end of the armed conflict, the security situation in the North-East is characterised by
entrenched militarisation and constant surveillance. Notwithstanding successive regimes in
Colombo, politically active individuals and communities in the North-East continue to face
risks and reprisals.
Adayaalam Centre for Policy Research (ACPR) has reported on issues of securitisation,
surveillance and intimidation of Tamils in the North-East from various perspectives and at
various times over the past eight years. This report again considers these issues, mapping
current trends of surveillance and intimidation in the North-East and considers the
weaponisation of the law against communities. The report highlights emblematic incidents
over the past year which demonstrate these trends.
The report is based on security incidents recorded by ACPR throughout the year from online
and print media, as well as interviews1 conducted with activists, HRDs, and community
members who reported security incidents to ACPR. Over 20 key interviews were also done
throughout the year for this report…
CONCLUSION
Although the North-East of Sri Lanka continues to face countless security threats by the state
and may encounter a possibly bleaker future with new laws, these communities have not
faltered in their pursuit of justice and resilience. Despite extreme surveillance and
intimidation becoming the norm in the North-East, the number of people attending protests
and memorialisation events in the North-East continues to increase with each year. For
instance, this year marked the 15th anniversary of the end of the civil war. To memorialise
the lives lost, people gather at Mullivaikkal to commemorate. This year, more people
attended the event than any of the years prior, and many protests, such as the ones of FOD,
of cattle farmers in Mylathamadu-Mathavanai, of university students, and of local
communities in Kurunthoormalai and Veddukunarimalai, are being held across the North
East.
Moreover, the communities in the North-East continue to use their will and devise new
strategies to safeguard themselves from the worst of security related challenges. People fight
the restraining orders in courts, hire lawyers to fight for their rights, and even sit in front of
the police in peaceful protest when they are prevented from protesting or memorialising.
These populations have been relentlessly targeted for decades and yet refuse to cave into the
intimidation tactics and backdown; they continue to peacefully struggle for their rights that
they deserve.
However, all of this comes at a price. For many people, the choice between their safety, sanity,
or survival, on the one hand, and the ability to stay and fight for their rights is a difficult one
to make, taxing them both physically and psychologically. As Sri Lanka continues to see a
shrinking civil space, if the international community fails to act and assist the marginalised
voices of the Tamil-speaking population in Sri Lanka that are often silenced due to fear of
reprisals, the state will continue their illegal and abhorrent practices and sends a message to
the world that their actions face no consequences and that the voices that matter the most
will always be allowed to be silenced…
RECOMMENDATIONS
A. State Actors
Cease immediately all surveillance, harassment, and intimidation of families of the
disappeared, former political prisoners, ex-cadres, activists, and participants of
protests, memorialisation or political events.
Repeal PTA without undue delay. Any enactment intended to replace the PTA
should comply with International Human Rights Law (IHRL) standards, and must
not either directly or indirectly discriminate against Tamil-speaking communities.
Ensure that the complaints made to the Police and Human Rights Commission are
investigated promptly, impartially, and effectively, and where violations are
found, redress is provided immediately.
Ensure the right to memorialisation and freedom of assembly are respected
across the country and take particular actions to remove the hindrance to their
meaningful realisation in the North-East.
Demonstrate commitment to transitional justice by allowing people to remember
their loved ones and to freely protest to assert their rights to register their
demands without any fear or reprisals.
Re-visit the new and proposed repressive laws, such as OSA and NGO bill, and
make necessary reforms to ensure that these are compliant with IHRL, non
discriminatory and do not leave room for abuse.
B. Non-state actors
Closely monitor the ground situation by maintaining direct networks with
victim/survivor communities to get updates on the security front.
Pressurize the Sri Lankan government, particularly during bilateral and
multilateral relations, to adhere to IHRL standards when introducing new laws.
Ensure that fiscal assistance and relief are provided subject to the state’s
compliance with international law and its redressal of past wrongdoings.
Ensure that the Sri Lankan government is committed to transitional justice
endeavours that are genuine, participatory, meaningful to the victims and
survivors, sustainable and that give effect to all its pillars.
rovide support and assistance to activists, human rights defenders, victims and
survivors. This shall include:
a. Skills training to document incidents of surveillance, intimidation, and
human rights violations
b. Knowledge of available complaint mechanisms nationally and
internationally and assistance in resourcing them and advocacy training
targeting these mechanisms
c. Developing community