A/HRC/45/36
33.
Sri Lanka
120. OHCHR received continued allegations of surveillance of civil society organizations,
human rights defenders and families of victims of violations, including repeated visits by
police and intelligence services, questioning organizations about, inter alia, their staff and
activities related to the UN. 91 In her February 2020 report, the High Commissioner for
Human Rights noted that harassment or surveillance of human rights defenders and victims
of human rights violations increased during 2019 and “in some cases, Sri Lankans who
travelled to Geneva to attend sessions of the Human Rights Council were questioned about
the motives of their trips, either at the airport or during visits by the police to their homes
upon their return” (A/HRC/43/19, para. 32). The High Commissioner “urged the authorities
to immediately end the intimidating visits by State agents and all forms of surveillance and
harassment of and reprisals against human rights defenders, social actors and victims of
human rights violations and their families” (A/HRC/43/19, para. 39).
121. Allegations were also reported to OHCHR that several participants at the 43rd
session of the Human Rights Council were questioned by authorities before and after
travelling to Geneva, and several organizations reported incidents of surveillance during the
Human Rights Council session and its side events in March 2020. In December 2019, the
Assistant Secretary-General for Human Rights addressed patterns of intimidation and
reprisals to the Government in writing.
122. Following his July 2019 visit to Sri Lanka, the Special Rapporteur on the rights to
freedom of peaceful assembly and association condemned surveillance of members of civil
society, including that he witnessed, and reminded the Government that it has an obligation
to ensure that no acts of reprisal occur against those who wish to interact with UN human
rights mechanisms. 92 The Special Rapporteur stated that before, during and after his
consultations with civil society in Sri Lanka, participants at the meetings reported
“receiving intimidating phone calls, demanding information on other participants, topics
discussed and route plans.” The Special Rapporteur further noted that during a consultation
in Trincomalee, “presumed intelligence personnel in civilian clothing were observed
monitoring participants outside of the meeting place. In another location, military personnel
took note of our vehicles’ number plates.”93
123. On 8 July 2020, the Government responded to the note verbale sent in connection to
the present report. Regarding alleged “intimidating visits”, “surveillance”, “complaints of
harassment” and “reprisals”, it invited the parties concerned to make formal complaints to
law enforcement authorities, or to independent national institutions such as the Human
Rights Commission or the National Police Commission, so that action can be taken to
investigate the alleged incidents. The Government stated its commitment to ensuring that
complaints received are investigated and prosecuted. It reiterated that, apart from routine
security operations in the interest of national security, particularly after the devastating
Easter Sunday terrorist attacks of 21 April 2019, the Security Forces and intelligence
agencies are not engaged in monitoring any specific group in the country.
34.
Thailand
124. On 25 September 2019, special procedures mandate holders raised concern about the
alleged enforced disappearance of Mr. Od Sayavong, a Lao refugee recognized by
UNHCR living in Bangkok (THA 8/2019; see also LAO 2/2019). On 15 March 2019, Mr.
Sayavong met with the Special Rapporteur on extreme poverty and human rights in
Bangkok, and that day posted on Facebook a photo of himself in front of the UN office in
Bangkok. Friends of Mr. Sayavong filed a complaint about the disappearance and discussed
details of Mr. Sayavong’s whereabouts with the Bangkok police (see LAO 2/2019 and
91
92
93
44
See also A/HRC/36/31 (paras. 52–53 and Annex I, paras. 72–74) and A/HRC/42/30 (para. 75 and
Annex I, para. 96).
End of mission statement, Clément Nyaletsossi Voulé, Special Rapporteur on the rights to freedom of
peaceful assembly and association visit to Sri Lanka (26 July 2019),
https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=24818&LangID=E.
Ibid.