Arrest persons advocating racial and religious hatred: CPA tells IGP 

By Dharisha Bastians 

The Colombo-based research and advocacy organisation Centre for Policy Alternatives (CPA) has called on IGP Pujith Jayasundera to act against individuals brazenly inciting violence against ethnic and religious groups living in the country amid growing fears about a rise in hate speech and incitement to violence against Sri Lanka’s minority communities. 

CPA’s letter details the legal provisions under which the police can act to apprehend and charge perpetrators.

In his four page letter to the IGP last Thursday (17), CPA Executive Director Dr. Paikasothy Saravanamuttu said that incidents of religious intolerance and violence targeting minorities have surfaced over the past several days and added that the stability of the country has been undermined by these incidents in which “the culture of impunity appears to have been revived and reinforced”. 

It is imperative therefore that urgent action be taken by the law enforcement authorities to address this,” CPA said in its letter. The organisation also said it welcomed the arrest and remand of Dan Priyasad who has been inciting people to violence against the Muslim community. 

“CPA urges authorities to adhere to the legal framework and due process to bring perpetrators to account without any further delays,” the organisation said in its letter to the Police Chief. 

The letter references the assault and threat by Ampitiye Sumana Thero of a Tamil gramasevaka officer in Batticaloa, the statement of Bodu Bala Sena General Secretary Galagoda Aththe Gnanasara Thero soon after the arrest of Priyasad that he and his supporters would “destroy” Maligawatte, a Muslim majority suburb of Colombo and the incitement to violence by Priyasad himself. In respect to the BBS monk’s remarks in the wake of the Sinhala hardliner’s arrest, CPA says they were a “clear call to violence”. 

“In all the cases listed the call to violence is clear and devoid of any innuendo. In such a context, CPA is deeply perturbed as to why some of these individuals have not yet been even questioned for their unashamed and explicit incitement of violence,” Dr. Saravanamuttu says in his letter to the IGP. 

According to CPA, the police are empowered to act against perpetrators inciting violence under Section 79 (2) of the Police Ordinance No. 16 of 1865 that public speech using threatening, abusive or insulting words and behaviour intended to provoke a breach of the peace, or Section 291A of the Penal Code that provides for the arrest and prosecution of any person makes expressions with the deliberate intention of wounding religious feelings. CPA also cites provisions in the ICCPR Act of 2007 that stipulates no person shall propagate war or advocate national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. According to the terms of the act, an offence under the section would be non-bailable except in exceptional circumstances by the High Court.

“It is apparent that in the light of existing evidence, the law provides your office with sufficient powers to take immediate action against these individuals,” CPA told the Police Chief. 

CPA urged speedy action by the IGP to ensure that all Sri Lankans are assured the security of knowing (a) that the criminal law of this country is not selectively applied, and (b) that criminality is not allowed to be perpetrated by some people with effective impunity from prosecution. “You would appreciate that without such security there can never be real, decent and dignified peace and harmony or social stability. Undue delay or failure to take steps would only serve to deny assurance of such security,” CPA said. 

A spate of incidents involving radical members of the Buddhist clergy have raised fears of a renewed campaign of hate and fear-mongering by extremist Sinhalese groups in the country and growing impunity for their incitement against minority communities. 

On Saturday, Bodu Bala Sena Chief Gnanasara Thero led a march of monks and laymen through the streets of Kandy culminating in an ‘adishtana pooja’ at the Dalada Maligawa against the “injustices” happening to Sinhalese Buddhists and the silence of the rulers in the face of this discrimination. Footage of the rally shows police officials standing meekly beside the Bodu Bala Sena General Secretary, and advising the monk about how his supporters should conduct themselves inside the temple. 

A police officer standing next to monk tells the BBS Chief to ask his supporters not to carry banners into the temple at which point Gnansara Thero told his supporters: “Leave the banners outside. There is no one inside to see banners except Dalada Hamuduruwo. Very soon we will have to tie ‘molgas’ (pestles) to our banners and come, but for the moment leave them behind.” Marchers at the BBS led rally also carried distorted versions of the national flag, without the orange and green stripes that recognise ethno-religious minority communities living in the island. 

Compounding fears was Saturday’s fire at the Pepiliyana Fashion Bug warehouse that was subject to a monk-led attack in March 2013 when the Bodu Bala Sena’s rhetoric and incitement was on the ascent, even though the cause of the fire remains unknown. 

Several fire engines were dispatched to the building to extinguish the blaze which spread to several floors of the building. 

Director of Government Information Dr. Ranga Kalansooriya said the Police were conducting “extensive investigations” on the Fashion Bug fire, using six police teams. The Government Analyst had also visited the scene of the fire yesterday, Dr. Kalansooriya added.