Digana one year on: lesson learnt or mistakes repeated?

As 26^th February, 2019 marks one year since the reprehensible anti-Muslim riot in the South-Eastern and Central provinces of the country, this would be an opportune time to take stock of where we stand as a country today, especially with regards to the Freedom of Religion or Belief (FORB).

On 26^th February, 2018, a group of youth (self-proclaimed guardians of the Sinhala Buddhist identity) proceeded to wreak havoc in the Ampara region, as they stormed into restaurants owned by Muslims, falsely alleging that the food sold at these restaurants contained a sterilization pill aimed at Sinhala Buddhists customers. The youth threatened the owners, caused damage to the restaurants and left deep wounds in their wake. [1] In addition to several shops, a mosque was also vandalised in the early hours of 27^th February. [2]

On 4^th March, 2018, violence and hate of a greater magnitude were unleashed on Muslims in the Digana and Teldeniya areas, in the Central hills, with shops, businesses and vehicles belonging to Muslims being looted, vandalised, and set on fire. Some of the Mosques in the area fared no better, and the once graceful white mosques lay scarred and desecrated. [3] The horrific incidents also claimed the life of one youth in the Digana region, a 26-year-old young man, with many youthful dreams and aspirations yet unfulfilled. [4] Many saw their life savings, livelihoods and certificates which were evidence of long and hard hours of study and achievement, literally go up in flames under the hands of the ruthless mobs.

What was all the more disturbing, especially to the victims of these brutal attacks was the silence and inaction on the part of law enforcement, who are specifically mandated to act with impartiality and responsibility in such situations. Reports of Special Task Force (STF) personnel presumptuously joining the violent camp, instead of protecting the victims were a severe blow, outraging all those opposed to these attacks and rendering the victims all the more vulnerable. [5]

In the midst of this darkness, the only redeeming light was heroic and touching stories of Buddhist clergy and individuals giving shelter to the Muslims who were under attack, standing guard during Friday prayers, speaking out against the atrocities and reaching out to help in kind.

Now one year on, where do we stand as Sri Lankans? Have we succeeded in eradicating hate, annihilating racism and building a nation where FORB can flourish? Or are we still struggling to achieve the aforesaid ideal, with the perpetrators of hate and violence striding confidently, while the victims continue to suffer and grieve?

Several arrests were made subsequent to the riots in February and March, 2018, and proceedings were instituted against some of the perpetrators in the Magistrate’s Court. [6] However, to date, reports suggest that no progress has been made in holding the perpetrators to account, no indictments have been filed by the Attorney General’s Department and justice is still pending for those whose lives were brutally interrupted. [7] Further exacerbating this lethargy, inaction and lack of will to bring the perpetrators to justice, was the bailing out of three persons involved in the anti-Muslim riots, including Amit Weeresesinghe, who is the leader of the Mahason Balakaya and one of the chief instigators of the riots. [8] As much as this shocks the ears of those who hoped for justice, this is sadly not as surprising as it should be. Impunity for perpetrators of FORB violations has become more the norm than the exception.

The Freedom of Religion or Belief has been entrenched in the Sri Lankan Constitution as a Fundamental Right that is also absolute and justiciable. Article 10 of the Constitution states that “Every person is entitled to freedom of thought, conscience and religion, including the freedom to have or to adopt a religion or belief of his choice.” [9]

This right is buttressed by Article 14(1)(e) which states that “Every citizen is entitled to… the freedom, either by himself or in association with others, and either in public or in private, to manifest his religion or belief in worship, observance, practice and teaching” [10] and Article 12(2) which provides that “No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any one of such grounds”. [11]

However, FORB violations continue in the country, not only against the followers of Islam, but also against other religious groups, especially the minority religious groups.

For instance, in the year 2018 alone, 86 documented incidents of FORB violations were reported against Christians across the country. [12] These incidents range from arson attacks against a home of a Christians and a church, threats and intimidation hurled against pastors and Christians by individuals, local authority officers, and police officers, and denial of burial to Christians in the public cemeteries. [13]

In one particular incident in January 2018, in the Vaharai area in the Batticaloa District, around 500 individuals from the area surrounded a funeral house, where a Christian had died and prevented the deceased from being buried in the public cemetery in the area. The family of the deceased was ultimately forced to bury their loved one approximately 20 km away in another village, with police standing guard due to threats from local residents to exhume the body. Added to the grief of losing a family member, the family had to bear this additional trauma, for merely being Christians. [14]

In September, 2018, in the Beliatta region in the Hambantota District, while the Sunday worship service was ongoing, a group of approximately 100 individuals from the adjacent villages surrounded the place of worship, damaged a window, two motorcycles parked outside, and removed religious symbols hanging on the front door. Some of them then proceeded to forcibly enter the premises and threaten the pastor and his family with death and demanded they stop gathering people for worship activities and leave the village. A Buddhist monk then arrived and reiterated the mob’s demands and further escalated the tension by claiming to have previously warned the pastor. When police officers attempted to escort the pastors out of the premises, the mob would not allow the pastor to leave. Finally, 10 more police officers had to come in order to escort the pastor to the Beliatta Police Station in order to lodge a complaint. The pastor continued to face threats as stones were pelted at the pastor’s residence in the night, with some of the stones landing on the bed where the pastor’s child was sleeping. [15]

While in certain instances, the police and state authorities have been proactive or at least responded effectively to incidents of FORB violations, unfortunately this has not been uniform. Hence, the victims often state that they would rather not go to the police as they are of the opinion that they will not be served justice. While some continue their worship while continuing to face threats and harassment, in certain instances others have been left with no choice but to shutdown their churches due to threats to their life and safety.