A/HRC/43/48/Add.2 high threshold of incitement to discrimination, hostility and violence must be prohibited, while positive measures that seek to counter hate speech through positive and inclusive speech are equally important. Although there were many good examples of inclusive speech following the Easter bombings, some of the measures taken appear to have increased the stigmatization of the Muslim community and there is certainly room for more firm actions to be taken against the perpetrators of incitement to hatred or violence, as discussed above. D. Impunity and a lack of the rule of law and accountability 78. The culture of impunity in Sri Lanka has been repeatedly pointed out as one of the main reasons why religious extremism and hate speech thrive in the country, undermining the rule of law and human rights. Many interlocutors complained about how acts of violence were “indulged” by the silence and inaction of the authorities, as illustrated by some of the examples discussed above. Some expressed surprise and dismay that large mobs could openly and for several hours rampage through minority community neighbourhoods without hindrance or reaction from law enforcement authorities, that some of the police participated in those violent incidents or that the authorities failed to adequately protect those under attack even when some of the violence continued for several days. In some cases, the attacks took place during curfew hours, such as during the riots in Kandy District in 2018 and in several locations in the Western and North Western provinces in May 2019. 79. Some interlocutors also expressed concern about perceived bias in the way the police addressed complaints. This was particularly the case when the assailants were members of the majority community. Many complained that either the police failed to register and investigate complaints they had raised, or the police would act in a punitive manner for complaints raised against them, while failing to take similar measures when they were the target of attacks. Many also complained that the police were generally unsure about how to act in responding to infringements of the law by Buddhist monks. Some blamed politicians for influencing law enforcement, citing examples where politicians were allegedly involved in pressuring the police to release persons arrested following violent attacks. 80. The Special Rapporteur received reports from the National Christian Evangelical Alliance of Sri Lanka of about 87 cases of recorded physical attacks at places of worship, in residential areas, or on pastors or members of Evangelical churches between 2015 and 2019. Only 50 cases were reported to the police, and 8 of those were brought before the courts, and there was not a single conviction of a perpetrator even though in some cases compensation had been granted to the victims. Similarly, Evangelical Christian communities have documented over 11 cases of incitement to hatred and violence against them, and about 300 instances of harassment or discrimination based on their religious identity. Of those cases that were reported to the police or brought before the courts, the result was the same, that is, there was not a single conviction. 81. Jehovah’s Witnesses also reported that, between 2017 and 2019, they had referred to the police at least 58 cases of physical assaults, harassment and intimidation, the disruption of their worship meetings, the vandalism of their places of worship, and the refusal of permits to build places of worship. Of the 33 cases that had been brought before the courts, only 5 cases were decided in their favour and the perpetrators agreed to stop harassing them, but there has still not been a single conviction. 82. Many interlocutors described problems of double standards in law enforcement, depending on which community offended or found itself targeted by the actions of others. For instance, the Special Rapporteur heard about cases of violence perpetrated by the majority community against minorities where the perpetrators were clearly identified in video recordings but remained unaccountable for years after the incident. Conversely, many complained that, when a complaint was brought forward by members of the Buddhist community, action was swift, at times disproportionate and lacked legal impartiality. 83. The Special Rapporteur would like to point out that, in section 2.4 of the interim report of the Select Committee of Parliament, the challenges of law enforcement are clearly reported; it is stated that “the recent incidents of serious violence in Kalutara, Galle, 16

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