CPA Comms Officer on 14 January, 2026

The Centre for Policy Alternatives and Dr. Paikiasothy Saravanamuttu vs. The Attorney General [SC FR 293/2025]

The Centre for Policy Alternatives (CPA) and its Executive Director Dr. Paikiasothy Saravanamuttu, filed a Petition on the 19th December 2025 in the Supreme Court challenging the Emergency (Miscellaneous Provisions and Powers) Regulations No. 1 of 2025 gazetted by Extraordinary Gazette No. 2464/26 dated 28th November 2025.

CPA had previously raised concerns regarding the declaration of the State of Emergency and provided a commentary on the 2025 Regulations. In an earlier statement, CPA acknowledged the gravity of the disaster and the need for a coordinated response, yet emphasized that emergency powers should be a last resort. Under the Public Security Ordinance (PSO), the President is granted significant authority to override existing laws. Reflecting on similar declarations in 2018, 2019, 2021 and 2022, CPA notes a troubling trend in which emergency regulations provide the Executive with authority that exceeds what is actually required to manage the crisis.

The Petitioners argue that the power of the Executive to make Emergency Regulations must be exercised reasonably and proportionately. Furthermore, it was submitted that in addition to the concerns raised about specific Emergency Regulations, as a whole the Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2025 are overbroad and vague and undermine the fundamental rights guaranteed under the Constitution of Sri Lanka.

The Petitioners further argue that the regulations contained in Emergency (Miscellaneous Provisions and Powers) Regulation No.1 of 2025 replicate Regulations issued in 2019, 2021 and 2022 and have no nexus to the natural disaster caused by the Cyclonic storm Ditwah.

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Case Update

The President promulgated Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 2026 on or about 28th January 2026. These new emergency regulations amended several of regulations challenged by CPA [See Table 1 below].

The Supreme Court on 26th February 2026, took up CPA’s case for support for leave to proceed. On behalf of the President, it was contended that since the regulations challenged by CPA had been amended, the case was of mere academic importance.

In response CPA submitted to Court that;

  1. The Emergency (Miscellaneous Provisions and Powers) Regulations No. 1 of 2025 operated for a period of two months during which time it operated in violation of the rights of the citizens of Sri Lanka, prior to amendments being brought on or about 28th January 2026,
  2. Even though the Emergency (Miscellaneous Provisions and Powers) Regulations No. 1 of 2025 were repealed, the regulations could be used to prosecute any individual accused of committing an offence in terms of the said regulations between 28th November 2025 and 28th November 2026. Therefore CPA argued the case had real world consequences,
  3. A substantial portion of the Emergency (Miscellaneous Provisions and Powers) Regulations No. 1 of 2025, replicate Regulations issued in 2019, 2021 and 2022 and have no nexus to the natural disaster caused by the Cyclonic storm Ditwah If no ruling is made by Court on these regulations there is a risk of them being reproduced again and again.
  4. To support this argument CPA cited the judgement of the Supreme Court delivered in July 2025, in a previous case on Emergency Regulations. In this judgement ;
    • the Supreme Court “noted much merit in the submissions made by learned Counsel for the Petitioners with overwhelming cogence, that particularly during the states of Emergency declared in 2022, the Emergency Regulations promulgated purportedly under section 5 of the PSO fit into a particular template, and that Regulations had been made in a stereotypical and repetitive manner, disregarding the actual purpose for which they were required to be made. Furthermore, the Court noted that most such Regulations would not withstand judicial review due to being overbroad, vague, arbitrary, in excess of restrictions that may be imposed under Article 15 of the Constitution on the exercise of fundamental rights and incompatible with standards relating to the Rule of Law.”
    • the Supreme Court ordered Attorney General to, within three (3) months from the date of this Judgment incorporate the principles of law contained in this Judgment into a detailed legal advisory, and forward such advisory to the Office of His Excellency the President for necessary consideration.
  5. CPA filed two cases challenging Emergency Regulations in 2022. On both occasions at the time the Supreme Court granted leave to proceed, the emergency regulations had lapsed. Nevertheless the Supreme Court granted leave to proceed and in one of the cases delivered final judgement in July 2025.

On this basis CPA and its Executive Director argued that the Supreme Court should grant leave to proceed in this matter as well.

However, after hearing the arguments of parties the Court made order refusing to grant leave to proceed in the case.

Read more about the case

CPA Comms Officer on 13 January, 2026

CPA Statement on the Institutional Stalemate in the Appointment of the Auditor General

The Centre for Policy Alternatives (CPA) is deeply concerned about the emerging institutional deadlock between the President and the Constitutional Council in respect of the appointment of the Auditor General. Sri Lanka has not had a permanent Auditor General since the retirement of Chulantha Wickramaratne in April 2025. In the period since, according to reports, the President has made four nominations to the post, which have all been rejected by the Constitutional Council.

The office of Auditor General is pivotal to the institutional framework of public financial integrity established by Articles 153 and 154 of the Constitution and the National Audit Act No 19 of 2018 (as amended by National Audit (Amendment) Act No 19 of 2025). The absence of a stable office-holder in the post for a period of over nine months causes serious concerns about the functionality of our system of public financial accountability. The absence of an Auditor General not only disrupts the normal processes of the national audit, but it also affects the capacity of Parliament and its committees on public accounts and public enterprises to carry out their constitutionally fundamental scrutiny and accountability functions. This concern is heightened in the context of the need for rigorous supervision of public expenditures, and methods of reception and allocation, involved in rebuilding efforts in the wake of Cyclone Ditwah.

The function of the Constitutional Council is to ensure the President’s nominations to the office of Auditor General meets the formal standards of independence, integrity, and professional competence established by the Constitution and the National Audit Act. The Constitutional Council is a collegiate body composed of cross-party political representatives and independent civil society representatives appointed, except for the ex officio members, predominantly by consensus. Its composition is designed to protect its decision-making from being hijacked by either the Government or the Opposition for partisan purposes. The expectation of respect for the decisions of the Constitutional Council by the President is not only central to the de-politicisation logic that underpins our ‘fourth branch’ institutions. It is also a rare but significant corrective to the overcentralisation of power and authority in the person and office of the President in our semi-presidential system of government. In view of its consensual and inclusive composition and its decentralised procedures of decision-making, the public can assume with a high degree of confidence that the Constitutional Council’s repeated rejections of the President’s nominations to fill the vacancy in the office of Auditor General were because such nominations did not meet the required constitutional and statutory standards.

In our system, the constitutional and moral responsibility for ensuring a successful and expeditious appointment, by securing the mandatory approval of the Constitutional Council, to a vacancy in the office of Auditor General lies squarely with the President. The President’s failure to secure the approval of the Constitutional Council through four unsuccessful nomination attempts over the course of nine months suggests a lack of constitutional competence in the advice he has so far received in the making of such nominations. If deadlock persists, it may even give rise to suspicions of bad faith on the part of the President.

This would be a regrettable outcome, not only for the quality of our public financial governance, but also for the reputation of a President elected on an explicit mandate to implement a ‘system change’ towards greater transparency and accountability in our culture of governance, and whose official biography proudly proclaims that in 2001 he “played a pivotal role in the adoption of the [Seventeenth Amendment to the Constitution]” which first established the Constitutional Council and the independent commissions.

CPA Comms Officer on 10 January, 2026

Need for Immediate Attention post Cyclone Ditwah

The Centre for Policy Alternatives (CPA) has monitored the human rights and governance situation post Cyclone Ditwah including the ground situation in several districts. A team from CPA visited several areas in the Central and Uva Provinces from 5-8 January 2026 and was able to engage with different stakeholders including affected communities in several GS divisions in the two provinces. CPA hopes to prepare a comprehensive brief on its findings shortly but sharing this letter considering the urgency of several issues that require immediate attention. The following are key points we raise for your immediate consideration-

  • Lack of sufficient public information and awareness on warning and assistance. CPA spoke with affected communities, service providers and local groups who confirmed of continuing gaps with information and language discrepancies. This is exacerbated at a time when new weather warnings have been issued in areas in the two provinces, with some communities unaware of new warnings. CPA urges the authorities to urgently issues all warnings in the three languages and to ensure such warnings are accessible to all communities including those in temporary shelters and hazardous areas.

 

  • CPA was also informed by several communities in the two provinces that they had not received any government assistance including the assistance of Rs25,000 and Rs50,000. For example, communities in the Bramley Estate in Highforest area had not received any assistance, despite over 40days passing since the cyclone. We urge you to be proactive in reaching out to all communities affected including those in estates who continue to face numerous challenges.

 

  • Delays with infrastructure assistance. Several areas visited by the CPA team noted that damage to houses, schools, community buildings and other areas that have yet to be inspected by the authorities. Additionally, several roads are yet to be cleared and are not accessible to the public. The situation in several estates is dire with roads and buildings in a precarious situation. CPA was informed that in some areas affected communities have been informed to return to their areas of residence despite worsening weather conditions. The situation is made more complex with questions raised with certain findings of the NBRO that has ignored the hazardous conditions on the ground. CPA urges a comprehensive risk assessment conducted in all areas that are affected, ensuring that affected communities are informed of persisting dangers, alternative lands identified with a conflict sensitive approach taken towards rebuilding and recovery efforts.

 

  • Urgent attention with educational needs. Several communities raised the fact that children in several areas in these two provinces are unable to attend school due to a range of reasons including displacement, non-functioning of schools, having to travel long distances in precarious conditions, destruction of class rooms, school books and supplies, being some of the reasons. We urge the authorities to immediately take steps to address urgent issues raised in the education sector including assisting children and communities affected, identifying alternative sites for temporary schools that are safe and accessible and immediate construction of educational facilities that are damaged and destroyed.

 

  • Need to provide essential food, water, sanitation, shelter and livelihood assistance. CPA was informed by several affected communities in the two provinces of the lack of sufficient resources available with the above. In particular areas such as Spring Valley in Badulla and Highforest in Nuwara Eliya, communities live in precarious shelters with lack of proper water and sanitation available. With new weather warnings issued in the last 24hours, fears have exacerbated in relation to basic essential services facing further challenges and CPA urges the government to take immediate steps to provide basic facilities to these communities.

 

  • Lack of confidence and trust with government assistance and services due to discrepancies and delays. CPA noted that several communities in the two provinces have either not received assistance and information or faced discrimination in the services provided so far. There are also concerns in light of the setbacks faced by vulnerable communities including women, children, youth, the elderly and others. In particular, many in the Malaiyaha Tamil community face multiple social and financial challenges in the face of structural inequalities. It is paramount that the authorities give leadership in communicating with all affected communities and facilitating assistance that is based on equity, non-discrimination, conflict sensitivity, transparency and accountability.

In addition to the above immediate concerns, many other issues were raised with the CPA team and these will be shared with the authorities shortly. We look forward to constructively engaging with you in addressing these and other concerns.

Thank you

Yours Sincerely,

Dr. P. Saravanamuttu

CPA Comms Officer on 18 December, 2025

Initial Comments on the Draft Protection of the State from Terrorism Bill

18 December 2025

The Centre for Policy Alternatives (CPA) has been alerted to the draft Protection of the State from Terrorism Bill (Bill) published on the website of the Ministry of Justice, which invited public comments within a month of its publication. Whilst the government publicly announced in August its intention to publish a draft Bill for public comments, the publication at the present moment, when Sri Lanka is confronted with multiple challenges in the aftermath of Cyclone Ditwah, raises serious concerns. Such a context limits meaningful public engagement of any proposed legislation, and the limited time further impedes an inclusive and transparent law reform process. Whilst CPA appreciates the decision of the government to place the Bill in the public domain for comment, we urge for further time for comments and discussion.

With the hope that more time is provided for a fuller comment on the Bill, CPA shares these initial comments with the view of constructive engagement and public awareness of key areas requiring attention. At the outset, CPA emphasises that the benchmark against which this Bill must be assessed is not merely whether it represents an improvement over the Prevention of Terrorism Act (PTA), but whether the Bill, in and of itself, complies with the Fundamental Rights guaranteed under the Constitution of Sri Lanka and with Sri Lanka’s international human rights obligations. It must be borne in mind that the PTA was never constitutional, nor did its drafters claim that it was. No meaningful effort was made to ensure compliance with fundamental rights standards and due process safeguards, as it was taken as granted that the legislation could be enacted with a special two-thirds majority in Parliament. The result has been a draconian law that has been used for decades to target and suppress the rights of citizens, with limited debate as to what is meant by terrorism and the need for extremely broad terror laws in a post war context.

It is within this broader context that CPA sets out these initial observations on the draft Protection of the State from Terrorism Bill. The following are several clauses that raises concerns:

The Offence of Terrorism and Other Offences

  • The definition of the offence of Terrorism remains broad, seemingly designed in a manner that can be used to suppress dissent, rather than being limited to actual acts of terrorism. One of the main criticisms of the Anti-Terrorism Bill of 2024 was that it may have been used against those who protest against the Government, and while the present Bill contains a provision that seems to exclude protestors in clause 3(4), this clause is vague as to what will and will not be defined as terrorism in the course of a lawful protest.

Arrests made by Members of the Armed Forces or Coast Guard

  • Clause 24 of the Bill provides that when a suspect is arrested by the armed forces or the coast guard, then they shall ‘without unnecessary delay, and in any event within a period not exceeding twenty-four hours’ be produced before the Officer – in – Charge of the nearest police station. When contrasted with clause 23, which requires a police officer making an arrest to produce the suspect before the OIC ‘forthwith’, it raises the question as to why the same urgency is not seen with the armed forces. This perpetuates the norm of militarising the powers of arrest and detention.

Pre-Trial Detention and Detention Orders

  • As per clause 28(1), a person can be held in remand for up to a year. As per clause 28(2), if there is a Detention Order made against the person, then in combination, the period of remand and detention can extend up to two years. This means that a person can languish in detention for up to two years without being charged with a crime. Such a long period again raises questions of the power of the State to target individuals, exacerbated by Sri Lanka’s history of long periods of remand and detention, which has contributed to abuse and violence.

Proscription Orders

  • Clause 63 gives sweeping powers to the executive to proscribe an organisation, similar to what was seen in the 2024 Bill. Coupled with the wide power of the President to impose restrictions on such an organisation, the criminalisation of acts related to the organisation in terms of clause 6 gives the State a wide power to use this law to restrict freedom of association and crackdown on dissent.

Curfew Order and Prohibited Places

  • The Bill provides power under clause 65 for the President to issue a curfew order and under clause 66 for the Secretary to the Ministry of Defence to issue a direction that a place is a prohibited place. These clauses are broad and vague, thus making them susceptible to abuse.

The above are some clauses that raise concerns, though CPA notes that a fuller and in-depth study of the Bill is required for a comprehensive review and comment, which we hope to do in 2026. In the spirit of constructive engagement, CPA urges the authorities to provide greater time for public comments and consultation, enabling the citizens to be aware of proposed laws and facilitate a law-making process that is transparent, inclusive and contributes to upholding the rule of law and democracy in Sri Lanka.

Click Here to Download the Document in English

CPA Comms Officer on 16 December, 2025

Key Short-Term and Long-Term Issues to Consider for Post-Cyclone Ditwah Recovery

16 December 2025

His Excellency the President Anura Kumara Dissanayaka,
Presidential Secretariat, Galle Face,
Colombo 1,
Sri Lanka

Your Excellency,

Key Short-Term and Long-Term Issues to Consider for Post-Cyclone Ditwah Recovery

In the aftermath of Cyclone Ditwah and its widespread impacts, the Centre for Policy Alternatives (CPA) convened a discussion on 11 December 2025 aimed at facilitating informed and constructive dialogue on recovery and response efforts. This meeting brought together representatives from a broad spectrum of civil society organisations, including those representing communities directly and disproportionately affected by the cyclone, alongside former public servants, economists, legal practitioners, and others from relevant disciplines. CPA is also appreciative of the presence of a representative from the Presidential Secretariat at this meeting.

It is imperative to acknowledge the realities posed by climate change as a global phenomenon with profound local consequences. Sri Lanka is increasingly vulnerable to a range of climate-induced natural disasters, the frequency, intensity, and nature of which are likely to differ significantly from those previously experienced. Events such as the recent cyclone underscore that the country must now contend with disasters of greater scale and complexity, requiring responses that go beyond conventional frameworks of disaster preparedness and recovery.

This evolving climate reality necessitates a fundamental shift in how Sri Lanka anticipates, prepares for, and responds to natural disasters. Recovery efforts must therefore be informed not only by immediate humanitarian needs, but also by longer-term strategies that strengthen resilience, protect vulnerable communities, and ensure that institutions are equipped to manage future crises effectively and in adherence to good governance principles and a rights-based approach. Recognising and planning for this reality is essential to safeguarding lives, livelihoods, and development gains in the years ahead.

The deliberations underscored the complexity and scale of the challenges associated with post-cyclone recovery, and a wide array of issues and concerns were raised by participants, drawing on both community-level experiences and technical expertise. In this context, CPA writes this letter to raise attention to several key issues that emerged during this discussion that can inform a comprehensive, inclusive, and sustainable recovery process and reforms. CPA also notes that this tragedy should be treated as a turning point—one that enables the adoption of forward-looking policies and practices aimed at building a stronger, more resilient Sri Lanka capable of withstanding future shocks.

Immediate measures to be taken as part of relief efforts

  • Assisting communities still seeking to recover the bodies of the dead as a matter of priority. Even where resources to do so may be limited, communities must be provided with clear timelines as to when this assistance will be available. When State resources cannot be provided, communities must be provided with financial assistance to do so using private resources. This is a matter that must be considered as a matter of urgency.
  • Transparent and accountable mechanisms are required to ensure equitable distribution of relief with effective oversight processes in place to monitor relief and recovery. Accountability in the distribution of aid is essential to deal with the lack of trust that people have in State mechanisms following decades of abuse of power and corruption.
  • Inadequate access to information: lack of collaboration and coordination between agencies, timely disbursement of critical information, internal conflicts across departments, and duplication of efforts.
  • Urgent attention is required with the need to have all information provided by the State in the two official languages (as mandated in the Constitution) and in English and to disseminate information swiftly and effectively.
  • There is a lack of reliable and accessible public data and information to guide the recovery process, and immediate attention is required to address this gap.
  • Addressing sectoral issues in a participatory and transparent manner with the inclusion of subject matter expertise. The following areas were identified as key in the short and medium term;
    • Physical Planning and Urban Development to address issues of landslides, flooding and other phenomena that can impact lives and livelihoods
    • Transport and road infrastructure to address access and movement issues
    • Education that includes providing for students affected by the disaster, and school buildings and equipment. Attention is also required to address challenges faced by A-Level students directly affected by the disaster
    • Agriculture and other livelihood support to communities affected by the disaster can also inform food security and other issues
    • Land and resettlement that need to be informed by durable solutions and related issues
    • Social welfare schemes that provide assistance and support in an equitable and conflict-sensitive manner and prevent discrimination. This includes the need for intersectoral response, collaboration and coordination.
    • Providing clear and accurate official information on the present condition of recovery efforts and dangers in Sri Lanka, to allow the tourism sector to recover from the disaster by promoting travel to unaffected or less affected areas.

Legal and Policy Issues

  • Utilisation of the systems duly set up under the Disaster Management Act No. 13 of 2005. Concerns are raised as to the fact that laws exist but are not understood, updated to address evolving issues and/or implemented comprehensively.
  • Concerns are raised regarding the default to Emergency Regulations when there is an existing legal framework. It is urged that the recently promulgated regulations No. 01/2025 be rescinded/amended, to keep in place only regulations that bear a direct nexus to the disaster at hand and for a specific time duration linked to the disaster response. CPA’s comments on this issue are annexed for your attention.
  • If it is necessary to utilise Emergency Regulations, then draft new regulations which are essential in the current situation. This may involve provision for issues such as delays, which may be caused by damage to courts, and the destruction of documents. The rationale for the emergency must be communicated in all three languages.
  • Review the applicability of the 2023-2030 Disaster Management Plan and ensure that necessary systems, procedures and mechanisms are put in place. Conduct an analysis of the long-term climate vulnerabilities threatening Sri Lanka in the context of climate change, and address these threats in the plan.
  • Rehabilitation – developing a rehabilitation plan with community consultation and input, in order to minimise inconvenience, loss of livelihood or loss of community to rehabilitated persons. Human factors such as social ties and language barriers must be taken into consideration when developing such a plan.

Governance and Structural Issues

  • Overburdening of the Ministry of Defence with functions relating to disaster prevention and disaster management, thus resulting in inadequate attention being paid to the subject. The subject of emergencies should be allocated to a Ministry which can allocate specialised resources and attention to disaster management.
  • The proper implementation of disaster management mechanisms. For instance, before August 2025, the Disaster Management Council had not convened since 2015. Disaster management mechanisms must always be operative, and not merely function as ad hoc bodies that are convened following a crisis.
  • Conducting a comprehensive audit on the gaps and shortcomings in the systems and mechanisms for disaster management in Sri Lanka, with an aim to build resilient systems which can stand the test of time.
  • Lack of preparedness at the administrative level among the public service/officers to immediately respond to the crisis, e.g., warning systems, communication in all three languages, drills, early search and rescue efforts to mitigate the scale of deaths and damage. Investigations must be conducted into what went wrong, not only for accountability, but also for improving systems to prevent further failures in the future.
  • Steps to preserve/digitise perishable data and steps to maintain data in digital formats to prevent further destruction. Eg: court records, land registries, archives, land deeds, identification documents.
  • Expedited and sensitive mechanisms must be put in place for the issuing of death certificates. The process must accommodate cases where bodies are recovered as well as those where individuals are missing/presumed dead, to allow affected families timely access to legal rights, compensation and inheritance claims.
  • Changes are required to address the lack of functionality of existing institutions/committees. Existing institutions must be strengthened and reformed.
  • Decentralisation/devolution of disaster response mechanisms, so that these mechanisms can deliver services more efficiently and in a timely manner.

Public Finance

  • Cash transfers must be made available to those impacted as a first step for ensuring immediate relief and that all communities affected are reached. At present, reports from the ground indicate that some communities/areas are yet to receive immediate relief, with concerns growing of the politicisation of the process.
  • Oversight and reporting mechanisms on the disbursement of allocations must be in place ensuring transparency and accountability of government actors including of Grama Sevakas, at the ground level.
  • While estimates for reconstruction continue to remain unclear at present, accessible and accurate information and data on financial needs must be made available to the public to aid the recovery process. This transparency must be paired with clear systems, due process safeguards and effective oversight mechanisms to ensure that any public, private, or international support and financial initiatives are accountable, equitable, and channelled effectively towards recovery and reconstruction efforts.
  • In making supplementary budgetary decisions for the reallocation of public finances and resources, sectors including national transport, education, social welfare, agriculture, tourism and export which have been significantly impacted must be prioritized.
  • Introduce safeguards to prevent assistance being used for purposes that are not linked to the disaster and have the potential to create/exacerbate tensions or be used for political gain.
  • A notable positive step is the immediate and ongoing consultations and engagement with the IMF to review/make adjustments, with the goal of returning Sri Lanka to a path that isn’t debt-borne. Such discussions must be continued in a constructive manner.

CPA recommends that the following should serve as guiding principles in addressing the above short and long-term issues:

Short term;

  • Take into account the disproportionate impact of the disaster on already marginalized communities, including aspects of gender, disability, language, systemic discrimination eg: Malaiyaha Tamil community, freetrade zone workers, LGBTQI community, and ensure disaster-response address this disproportionate impact.
  • Implement a durable solutions framework for return and resettlement.

Long term;

  • Take into account the disproportionate impact of the disaster on already marginalized communities, and ensure disaster-response related policy and legal reforms address this disproportionate impact.
  • Focus on improving governance issues on relief, rehabilitation and reconstruction.
  • Factor in broader climate and environmental issues, when determining policies including policies on pollution, waste management, sanitation, urban planning.
  • Systems to ensure better preparedness, disaster risk management, and long-term rebuilding, reconstruction, and resilience from climate and other shocks.
  • The use of technology, and other tools to assist in recovery and disaster preparedness.
  • Map out and review the existing policy planning documents and systems, map out learning from past responses to natural disasters including the 2004 Tsunami, in order to understand existing knowledge / resources on disaster response in order to be able to understand gaps and future steps.
  • All subsequent structural reforms and operational mechanisms must be transparent/accountable, consultative and inclusive with representation from all relevant stakeholders.

Emerging and Long-term issues

To build back better in the long term, Sri Lanka must:

  • Map existing legal and policy frameworks to comprehensively identify gaps and shortcomings in disaster management and recovery systems.
  • Introduce new laws and policies, developed in a transparent and inclusive manner, specifically required for the phases of Restitution, Rebuilding, and Reconstruction.
  • Implement structural reforms to address long-term needs in the broad areas discussed while factoring in underlying socio-economic issues.

We hope that this will assist in initiatives to build back better from this crisis. We urge you to initiate the necessary action, as well as regular consultations and the sharing of information in all three languages, on the above areas without further delay, and look forward to engaging in the furtherance of this goal.

A more detailed policy brief will follow this letter.

Yours sincerely,

Dr. Paikiasothy Saravanamuttu,

Executive Director

 

CC:

Prime Minister Hon. Dr. Harini Amarasuriya, Minister of Education, Higher Education and Vocational Education

Hon. Sajith Premadasa, Leader of the Opposition

Hon. Vijitha Herath, Minister of Foreign Affairs, Foreign Employment and Tourism

Hon. Prof. Chandana Abeyratne, Minister of Public Administration, Provincial Councils, Local Government

Hon. Harshana Nanayakkara, Minister of Justice and National Integration

Hon. Sarojani Savithri Paulraj, Minister of Women and Child Affairs

Hon. K.D. Lalkantha, Minister of Agriculture, Lands, Livestock and Irrigation

Hon. Anura Karunathilake, Minister of Urban Development, Construction and Housing

Hon. Ramalingam Chandrasekar, Minister of Fisheries, Aquatic and Ocean Resources

Hon. Prof. Upali Pannilage, Minister of Rural Development, Social Security and Community Empowerment

Hon. Sunil Handunneththi, Minister of Industry and Entrepreneurship Development

Hon. Ananda Wijepala, Minister of Public Security and Parliamentary Affairs

Hon Bimal Rathnayake, Minister of Transport, Highways, Ports and Civil Aviation

Hon. Prof. Hiniduma Sunil Senevi, Minister of Buddhasasana, Religious and Cultural Affairs

Hon. Dr. Nalinda Jayathissa, Minister of Health and Media

Hon. Samantha Vidyarathna, Minister of Plantation and Community Infrastructure

Hon. Sunil Kumara Gamage, Minister of Youth Affairs and Sports

Hon. Wasantha Samarasingha, Minister of Trade, Commerce, Food  Security and Co-operative Development

Hon. Prof. Chrishantha Abeysena, Minister of Science and Technology

Hon. Prof. Anil Jayantha Fernando, Minister of Labour

Hon. Eng. Kumara Jayakody, Minister of Energy

Hon. Dr Dhammika Patabandi, Minister of Environment

Mrs. Kushani Anusha Rohanadeera, Secretary General of Parliament.

 

 

CPA Comms Officer on 1 December, 2025

Statement on the Declaration of Emergency and Emergency Regulations Promulgated on the 28.11.2025

1st December 2025.

The Centre for Policy Alternatives (CPA) is deeply saddened by the Cyclone Ditwah caused humanitarian crisis that has caused death and devastation across Sri Lanka, displacing and leaving many communities without basic essentials, thereby heightening concerns with regard to recovery, relief, rebuilding and rehabilitation.

Amidst such a disaster, CPA notes the need for measures to be taken to address the immediate recovery and humanitarian concerns, through existing laws such as the Sri Lanka Disaster Management Act, No. 13 of 2005 specifically designed to address natural disasters, including floods, landslides, cyclones and other hazards. It is in such a context that CPA is concerned by the decision of President Anura Kumara Dissanayake to declare a nationwide state of emergency, and the simultaneous gazetting of Emergency Regulations (both dated 28thNovember 2025, though they were made public on the 29th November), purportedly to address the cyclone and flooding situation currently affecting the country. This was followed by the appointment of Mr. B.K. Prabath Chandrakeerthi, a Special Grade Officer of the Sri Lanka Administrative Service as the Commissioner-General of Essential Services under the Emergency Regulations. These steps were subsequent to statements by several opposition political actors calling for the declaration of a state of emergency.  CPA is concerned with the reverting back to a state of emergency as a default response to a crisis, regardless of Sri Lanka’s past experiences with natural disasters and the tapestry of laws and frameworks in place.

While CPA recognises the severity of the disaster and the urgent need for coordinated relief efforts, we emphasise that the powers conferred by such a declaration of emergency are extraordinary, and intended to be exercised only in circumstances where the ordinary laws of the country are manifestly insufficient to protect public safety or to secure the provision of essential services. The authority to declare a state of emergency derives from the Public Security Ordinance (PSO), which grants sweeping powers to the President, including the ability to override existing laws. These powers, by their nature, must be subject to strict necessity, proportionality and time-bound limits.

CPA has in the past raised concerns with the declaration of emergency including in several instances in the post war period in 2018, 2019, 2021 and three instances in 2022. A common theme seen during all these states of emergency (except April 2022 where Emergency Regulations were not promulgated) is that the accompanying Emergency Regulations have been overbroad, giving the Executive extraordinary powers which are beyond those necessary for the management of the emergency at hand.

In this context CPA highlights the existence of several laws including the Disaster Management Act, No. 13 of 2005, introduced after the devastating 2004 Tsunami that allows the President to declare a State of Disaster, upon which proclamation, broader powers related to disaster management are given to various authorities in order to respond to the situation at hand. CPA emphasises, as it did before in 2021 during the Covid-19 pandemic, that this is the most appropriate law to deal with the circumstances Sri Lanka is faced with today. Under the Disaster Management Act, the Disaster Management Centre (DMC) and the National Council for Disaster Management (NCDM) have clearly mandated powers to coordinate disaster relief, mitigation, rehabilitation and recovery — precisely the sort of coordinated, multi-sectoral response required in severe weather events. One of the functions of the NCDM is to ‘facilitate emergency response, recovery, relief, rehabilitation and reconstruction in the event of any disaster’, a function which would have been directly relevant to the crisis.

Additionally, CPA notes that on 28th November, the President had issued a Gazette in terms of Section 2 of the Essential Public Services Act, No. 61 of 1979 declaring several services as essential public services. Furthermore, on 26th November, the President had issued a Gazette in terms of Section 12 of the Public Security Ordinance, calling out all the members of all the armed forces for purpose of maintenance of public order all over Sri Lanka – a step that has become routine under successive presidents. Moreover, the President is empowered with additional powers under the Public Security Ordinance including the power to declare curfew for the maintenance of public order without the need to declare an emergency. Thus, against the backdrop of Sri Lanka’ experiences of natural disasters and crisis and the availability of multiple legal options, questions must be posed as to the real purpose of declaring a state of emergency.

Even assuming that, in the extraordinary circumstances of this disaster, a state of emergency was warranted, the particular emergency regulations gazetted raise serious concerns. They echo the broad regulations of the past, granting sweeping powers, some that do not appear to bear a clear relationship to disaster response, relief or recovery. In addition to the Commissioner General of Essential Services, the emergency regulation promulgated provides for the establishment of a ‘Commissioner of Civil Security’ and advisory committees, with a vast amount of the regulations focusing on criminal offences that raises questions of relevance and nexus to the disaster. Several of these offences bear striking similarities to overbroad and unjustified offences contained in previous Emergency Regulations, raising questions as to whether parts of previous regulations have simply been duplicated without consideration to the situation at hand. For instance, causing disaffection among public officers (reg 18) or affixing or distributing posters, handbills or leaflets which are prejudicial to public security, public order or the maintenance of supplies and services essential to the life of the community (reg 19) are made offences. Worryingly, information shared between persons or by any written, electronic, digital or other means, including through any media, information and communication technology, automated system or artificial intelligence system, communicate, publish, generate or disseminate any rumour or false statement which is likely to cause public alarm or public disorder are also made offences (reg 20). Such overbroad regulations risk undermining civil liberties, including fundamental rights of freedom of movement, assembly, expression, and due process — especially given Sri Lanka’s history of using emergency laws in contexts well beyond immediate security threats.

This is especially alarming given that this government came into power on a promise of systemic change. The people of Sri Lanka, already traumatised by successive crises, natural disasters, and social instability, deserve a departure from the pattern of concentrated Executive Power. While CPA notes the President’s statement on 30th November that assured the state of emergency is to be used solely for disaster management and for no other purpose, we call on the government to:

  • Ensure that any emergency regulations are strictly necessary, proportionate, time-limited, and directly related to immediate disaster-response needs.
  • Guarantee transparency, oversight, and protection of fundamental rights during the period of emergency.
  • Commit to promptly rescinding any provisions not essential for relief, rehabilitation and recovery.
  • Fully implement existing laws including the Disaster Management Act.

CPA urges that the country should not return to a cycle in which states of emergency become the default response to crisis, whether economic, political or natural. We hope that this government will honour its promises of system change and uphold the rule of law, human rights, and democratic norms even in times of national hardship.

This statement will be followed by a more detailed commentary on the Emergency Regulations promulgated.

Click Here to download the Statement in English

Sinhala & Tamil translations of the statement will be made available soon.