Many civil society organisations, both local and international have received a letter similar to the one that follows from the secretary to the Select Committee of Parliament for the Investigation of the Operations of Non-Governmental Organisations and their Impact.
Many questions regarding civil liberties and democratic freedoms arise from the information that is being sort. The title Non-Governmental organisation means any organisation that is not an official government organ. This would include all private businesses such as companies, private services such as hospitals and educational institutions; other organisations such as trade unions and organisations of peasants and also political parties. Why are only some organisations which are not government organisations selected for this investigation? Can similar letters be sent to private companies and all other organisations that have been mentioned? If not is not this whole practice discriminatory where some are targeted for discriminatory treatment.
All organisations are entitled to certain privacy unless they have broken some law. Those whom they invite for meetings and those who attend such meetings are their choice and have a right to privacy unless there is a specific allegation of the breaching of some law. For example, if it is alleged that at a particular meeting some conspiracy for a crime was carried out. If the activity itself was completely legal it would be interference on the part of the state to seek information about such matters. Essential to freedom of association and freedom of expression is the right to privacy unless, as mentioned before, some breach of the law is alleged. No such allegation is made in this letter, nor is it said that the investigation is about some unlawful activity of the organisation/s concerned. The same applies to the organizations memberships, the staff, the salaries and other payments which are normal to any transaction of any of the organisations mentioned above. Why then seek this information only from some specified organisations when no allegation of any illegal activity has been made against them. It is also within the law of Sri Lanka to receive monies and to send monies out within the framework of the law. This applies to all individuals and organisations including companies and the other organisations mentioned above. Why then is the selected treatment for some organisations only?
This request for information has been seen by many observers as a deliberate attempt to interfere with the freedom of organisation and expression. Civil society cannot function without a conducive atmosphere of freedom in which to function. If the state interferes into all these areas it means that civil society cannot function freely at all. Thus, all persons that treasure freedom including the legislators in the country should reconsider this measure and withdraw any and all measures that will destroy the treasured freedoms and thereby virtually kill that spirit of freedom in the country.
If there are any allegations of the breach of law by anyone including any of these organisations the proper process of law should be applied and the state is entitled to take such actions as prescribed by the law.
Sri Lanka has had an authoritarian constitution since 1978. The president cannot be challenged in a court of law even if he violates the constitution. The legislature itself has been brought under the control of the executive president. The last vestiges of freedom are in the civil society alone and it looks as if even this area is being severely subjected to heavy propaganda attacks which include calls for the deaths of those who engage in dissent, those who use media freedoms, and those who are engaged in peace and human rights activities. This system of draconian control of all areas of life in such a comprehensive and complete manner is unprecedented in the country. Those who value freedom in the country and those in the international community who care for the preservation of democracy, rule of law, human rights and freedom should respond to this scary situation which foretells of extremely dark times to come in the near future.
The letter from the Select Committee:
Select Committee of Parliament for the Investigation of the
Operations of Non-Governmental Organisations and their Impact
The above Committee at its meeting held on dd m 2007, resolved that a report be obtained regarding the operations of your organisation in Sri Lanka.
In the circumstances, I am directed by the Chairman of the above Committee to request you to send within two weeks, the information listed in the attached document, in order to table it at the next meeting of the Committee.
Thanking you.
Yours faithfully,
Secretary to the Committee
Information requested
1. All the monies your organisation has received give names of donors and expenditure give for what purpose since its inception listed by month and year.
2. Names of all the directors and employees of your organisation together with all the monies paid to them since the inception of your organisation, including monthly salaries.
3. Names and topics of seminars, conferences, study tours, studies, papers etc sponsored directly or indirectly by your organisation and amounts paid to each attendee for travel expenses, honoraria etc. Give vocation of attendee.
4. Give copies of conference papers, conference programmes, conference speakers, studies, papers and all publications made by you and participants both local and foreign sponsored by you.
5. Names and vocations of all persons and organisations both local and foreign who participated in the events associated with or organised by your organisation and the amounts paid to each attendee for travel expenses honoraria etc.
6. List of foreign conferences attended under the sponsorship of your organisation the amounts paid to each attendee (give his vocation) for travel expenses, salaries, exgratia payments, honoraria etc.
7. Names and beneficiaries of, and invitees for the above events and the monies spent on each of them by means of traveling expenses, honorariums and all other payments directly or indirectly. Give individual vocations of attendees.
8. Lists of journalist, politicians, government and private sector officers who have directly or indirectly benefited from our organisation and the amounts paid directly or indirectly to them individually either through traveling expenses, honorariums, salaries, exgratia payments, and all other payments. Give the name of the beneficiary and the amounts paid.
9. List of all publications and studies done by your organisation as a collective body or by those associated with them directly and indirectly. Please give copies of all such publications.
10. Please provide the information on the years 2006 and 2007 within one week and the information from the inception of your organisation.
