The International Covenant on Civil and Political Rights – the international human rights treaty ensuring wide range of human rights, including those relating to freedom from torture and other cruel, inhuman or degrading treatment or punishment and fair trial rights, is abused by Lankan authorities “as a tool of repression to target minorities,” says Amnesty International.

The AI in a tweet on the arrest of comedienne Natasha Edirisooriya says that 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 combating 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.

“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. 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. Nathasha Edirisooriya must be released and any pending charges against her must be dropped immediately,” says AI.