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Part II: Challenges and opportunities
medical malpractice but these are generally viewed as isolated
incidents and not as an institutional problem.
One of the professions that have been hit the hardest is
journalism. A scourge of murders, kidnappings, threats and
censorship has made Sri Lanka one of the most dangerous
places in the world for the press. Two journalists were killed,
two more kidnapped and at least three media personnel have
been victims of direct attacks during 2008. Some journalists
have fled the region, and others have chosen to abandon the
profession altogether.
There are a number of factors contributing to this situation
of insecurity for human rights defenders. These include the
lack of a national witness protection act; an ineffective prosecutor’s office; a lack of general accountability and command
responsibility within the police and military; the absence of a
competent, impartial, and effective investigation system; and
a general lack of independence within key government institutions. Remedying these inadequacies is key to increasing the
protection of human rights defenders in Sri Lanka. From the
standpoint of the protectors this can mainly be done through
advocacy and public promotion of policy change.
However, there are also a number of more practical and
tangible initiatives, which can be taken by civil society actors
to improve the situation. One remedy is to ensure the availability of competent, effective and independent medical examinations for victims. Such medical reports can often form a key
part in proving the existence of a violation and thus might discourage perpetrators from committing violations in the future.
Civil society also can promote new and support existing oversight bodies such as the Commission for Human Rights to be
effective and maintain their independence. Another key protection mechanism is continuous engagement with relevant international actors. This includes liaising with global advocacy
networks (e.g. Amnesty International), producing information
to submit to various UN bodies and mechanisms, and submitting cases to the individual complaints mechanism under the
Optional Protocol to the International Covenant on Civil and
Political Rights.
In addition to the proposed remedies it is essential to keep
a vibrant civil society based on strong networks to ensure
awareness and a constant focus on protecting the protectors.
Otherwise there will be no one left to protect the more vulnerable groups in society.
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