Muting the Mutiny : a case study of the repression of student protests and the violation of the right to freedom of peaceful assembly in Sri Lanka

Abstract

The right to freedom of peaceful assembly receives international recognition and protection through the ICCPR and ICESCR, two core international Human Rights instruments to which Sri Lanka is a State Party. At the national level, the constitution of Sri Lanka recognizes and guarantees the right to freedom of peaceful assembly under Article 14(1)(a). Despite the constitutional provisions recognizing the right to freedom of peaceful assembly and the guarantees in the international Human Rights treaties Sri Lanka is obliged to protect, the exercise of the right to freedom of peaceful assembly is challenged. This research focuses on the nature of student protests and the policing of student protests in Sri Lanka. The main objectives of the study are, (1) examining the ways in which the Sri Lankan State responds to student protests and its human rights implications, and (2) analyzing how the law enforcers justify their actions by using the law. Data was gathered using semi-structured interviews. Student protesters/activists were interviewed to understand their experiences during protest movements. Law enforcers were interviewed to understand the policing of student protests from the perspective of law enforcers. Secondary data was gathered from newspapers, video footages available on the internet, and NGO reports. The research findings reveal both legal and extra-legal measures used by the law enforcers (of Sri Lanka) in policing student protests. The extra-legal measures employed by the police reveal how protest-policing in Sri Lanka exceeds its legal remit and goes to the length of protest-repression. Furthermore, using the research findings, this study draws parallels between the repression of student protests and other types of protests in Sri Lanka. Thus, it offers a mapping of the existing patterns and the latest trends and developments in protests and protest-repression in Sri Lanka.