Sri Lanka: Harrassment and Threats of Human Rights Defender Herman Kumara

Olivier De Schutter
UN Special Rapporteur on the Right to Food
Université de Louvain
Collège Thomas More
1348 Louvain-la-Neuve
Belgium

Heidelberg (Germany), 16 March 2012

Honourable Sir,

Foodfirst Information and Action Network (FIAN) is an international human rights organization working for the worldwide implementation of the human right to food and in consultative status with the Economic and Social Council of the United Nations (ECOSOC).

We have noted with great concern the case of Mr. Herman Kumara of Sandalankawa, Irabadagama in Kurunegalle District, who is being harassed, threatened and fears an imminent abduction.

FIAN has been associated with Mr. Kumara in his capacity as the head of the National Fisheries Solidarity Movement (NFSM) of Sri Lanka and also as the former Secretary General of the World Forum of Fisher People (WFFP). We know him as an honorable person working for the rights of small-scale fish workers. He has worked tirelessly to gain recognition and respect for the human right to food as well as other human rights of men and women from fishing communities, both in Sri Lanka and globally.

We understand that the threats are due to Mr. Kumara’s work as a human rights defender and his campaigns for fish workers’ rights and the rights of internally displaced persons in Sri Lanka due to war and development projects. We further understand that the threats increased after protests by fishermen against recent fuel price hikes in Sri Lanka. Such price increases have severe consequences for the realization of the human right to food of small scale fishermen and their families. Sri Lanka is a state party to the International Covenant on Economic, Social and Cultural Rights and therefore obliged to respect, protect and fulfil the human right to adequate food and, in general, the human right to an adequate standard of living (Art. 11 ICESCR).

Mr. Kumara states that these mobilizations were organized by the fishermen themselves and that while he has campaigned for fishermen’s rights, he and his organization were not involved in the organization of these protests. However, Mr Kumara and NFSM did express their support for and solidarity with the protesting fishermen.

It has been reported that, in the ensuing violence, one fisherman was killed and several others injured by the shooting and clashes with the police. We abhor such violence and add our voice to that of Mr Kumara and NFSM in condemning it and calling for a peaceful dialogue towards settlement of the problem. Whilst the issue of fuel price increases is a matter for the National Government of Sri Lanka to resolve, we are keen to be assured that the personal safety of Mr. Kumara and his family and that the human rights of the fishing communities will be guaranteed in such a process.

We have been informed that to date there has been no credible attempt to investigate the police complaint by Mr. Kumara and his wife regarding the surveillance and threats against him. Also, to the best of our knowledge, no steps have been taken to ensure Mr. Kumara’s protection.

We hope that Mr Herman Kumara’s case will be properly looked into and addressed through the correct legal channels, in a non-discriminatory manner, and through the due process of law.

Please keep me informed of the action you plan to take in this regard.

Yours sincerely,

Dr. Flavio Luiz Schieck Valente

Secretary General

FIAN International

cc.

N K Illangakoon Inspector General of Police

Ms. Eva Wanasundara, Attorney General

Secretary National Police Commission

Secretary Sri Lanka Human Rights Commission

UN Special Rapporteur on Human Rights Defenders, Margaret Sekaggya