Multiple UN actors have continued to address allegations of surveillance, vilification, obstruction, and intrusive scrutiny of the activities of human rights defenders and civil society organizations, noting that such behaviours in the past had a chilling effect on Sri Lankan human rights defenders, including on their engagement with the Human Rights Council. According to information received by OHCHR, civil society actors operate in an environment of fear and mistrust that inhibits some from cooperating with the United Nations, leading to self-censorship. Names and further details of individuals and groups affected are withheld for fear of further reprisals.

In her 2022 report presented to the Human Rights Council pursuant to resolution 46/1, the High Commissioner for Human Rights noted that “the pattern of surveillance and harassment of civil society organizations, human rights defenders and victims highlighted in previous reports has continued” (A/HRC/49/9, para. 27). The report noted that civil society and activists are regularly visited in their offices or homes or called by the police and questioned about staff and donors’ details, foreign contacts, travel history, or social media accounts. The Government asserted that such scrutiny is necessary to combat money-laundering and financing of terrorism (ibid, para. 28). NGOs report working under surveillance and having to inform and get approval for any activity (ibid para. 29). The High Commissioner expressed concern by the Government’s public responses to human rights advocacy by well-known and respected civil society representatives and its conflation with Liberation Tigers of Tamil Eelam (LTTE) propaganda. She noted that similar interventions in the past have had a chilling effect on Sri Lankan human rights defenders, including in their interaction with the Human Rights Council (ibid para. 30). In its comments to the High Commissioner’s report, the Government stated that it maintains a vigorous engagement with civil society to obtain their insights and to harness their expertise and support in achieving reconciliation and development. It affirmed that there are no restrictions on civil society space in any part of Sri Lanka (A/HRC/49/G/16, paras. 52–58). 69. In his 2021 follow up report to the Human Rights Council on his 2017 visit to Sri Lanka, the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence raised concerns about reports of increased, both in frequency and intensity, harassment, threats, surveillance and obstruction of activities of victims and human rights defenders (A/HRC/48/60, Add.2, para. 36). In its comments to this report, the Government refuted claims of alleged “harassment, threats,[and] surveillance” inviting all parties to submit their complaints to the competent national mechanisms. The Government noted that the Security Forces and intelligence agencies do not monitor any specific group, besides their routine security networks in the interest of national security (A/HRC/48/60, Add.6, paras. 47–51).