CPA Comms Officer on 6 October, 2023

Commentary Comparing the Proposed Anti Terrorism Bill to the Prevention of Terrorism Act

Commentary updated with revisions as of 4 March 2024

The Government of Sri Lanka published the revised ‘Anti-Terrorism Bill’ (hereinafter the proposed ATA) in the Gazette, on the 15th of September 2023. This Bill seeks to abolish the Prevention of Terrorism Act (PTA) which for nearly four and a half decades has been one of the most vicious tools of suppression and persecution used by the State. There have been calls to abolish the PTA since its inception in 1979 but the draconian law has survived through several Governments.

The publication of the presently Gazetted version of the proposed ATA follows a former version of the ATA, which was published on the 22nd of March 2023, containing a few differences. The proposed ATA is also in substance fairly similar to a Bill published during the Yahapalana regime in 2018, the Counter- Terrorism Bill (CTA) which also sought to replace the PTA. In this commentary, there is some reference to the CTA and the previous version of the proposed ATA published in March to comment on changes seen in the present Bill. However, the primary aim of this commentary is to compare the latest version of the proposed ATA in relation to the PTA.

In initial comments issued on the 27th of March 2023, the Centre for Policy Alternatives (CPA) noted concerns regarding the initially proposed ATA though acknowledging that the Bill does address some of the key concerns that persisted with the PTA over its several decades in operation. With the recent version of the proposed ATA being published in September 2023, CPA continues to reiterate these concerns. To put these recurring concerns in context, it must be borne in mind that the Sri Lankan State has demonstrated a pattern of abusing counter-terror laws, emergency laws and regulation-making powers in the past. Thus, any new law must be formulated with additional safeguards to prevent abuse.

At the outset, CPA notes that the proposed ATA lacks sufficient checks, and if operational, would provide ample space for abuse. Further, over-broad definitions of offences leave room for these laws to be used for means beyond the purported purposes of the Act, targeting minorities, civil society, the media and any dissenters in general. Further, this law has also taken away some of the improvements that were sought to be made by way of the CTA in 2018, such as the shortening of the duration of detention orders.

Overall, it must be remembered that for law reform to be successful, there has to be the administrative will for the law to succeed, and to be used for the correct purpose. The timing of this new law, rushed through with little to no meaningful stakeholder consultation suggests that this law reform is not being brought in the interest of addressing a decades-long problem that has plagued the country, but as a matter of political expediency. While CPA would welcome any reform in a positive direction, this law does not signify much optimism with deep implications for human rights, governance and democracy.

 

 

 

 

 

 

To access the full document – click here

CPA Comms Officer on 4 October, 2023

Statement on the Proposed Online Safety Bill 

The Centre for Policy Alternatives (CPA) notes the publication of the Online Safety Bill (Bill) on the 15th of September 2023 and tabled in Parliament on 3rd of October 2023. CPA has shared its initial concerns on several clauses of the Bill in a series of infographics issued on 22nd September 2023, highlighting several concerns that can impede fundamental rights and erode Sri Lanka’s democracy. At the outset, CPA notes the need to have frameworks that provide for the safety of individuals and groups, particularly children and women who are increasingly vulnerable to threats online. Nonetheless, such measures must be done in adherence to the fundamental rights provided in the Constitution and international standards. It is unfortunate that the present Bill’s concern regarding online safety is in name only. The Bill represents the latest attempt by the Government to introduce laws that expand the powers of the executive arm of Government with limited safeguards and wide scope for abuse. 

CPA’s concerns around the Bill relate to both the contents and the law-making process. CPA notes that the proposed Bill consists of numerous problematic provisions which include: vague and broad terminology defining prohibited statements and what constitutes online safety; the appointment of an Online Safety Commission by the President with expansive powers including the power to make rules for service providers and internet intermediaries who provide internet-based communications services; conferral of powers to the Minister to make regulations in respect of all matters which are required by the Act; and severe restrictions placed on the freedom of expression on social media. CPA also notes that the Bill entrenches punitive measures and deliberately targets freedom of expression and dissent. 

Further, CPA is concerned with the timing of the Bill. The publication of the Online Safety Bill alongside the revised Anti-Terrorism Bill on the same day are not coincidental acts and the apparent rush to move with both bills is indicative of an undemocratic legislative program. This has been steered by the present Government in creating a legal regime that enables the repression of freedom of expression and the right to dissent in Sri Lanka. Moreover, CPA notes that the proposed laws restrict such fundamental freedoms by broadening the scope for restrictions provided under “National Security”. It also expands the powers of the office of the executive President, with alarming consequences for Sri Lanka’s human rights, governance and democracy. 

CPA notes that there have been multiple attempts in the past by successive governments to legislate laws to restrict freedom of expression and the right to dissent. For instance, in 2015, amendments proposed to the Penal Code and the Code of Criminal Procedure attempted to criminalise hate speech and the instigation of communal violence and disharmony. In 2021, the Cabinet approved the drafting of laws to “protect against the spreading of false and misleading statements through Internet.” It is also noteworthy that the Online Safety Bill is introduced in the context of the proposed Broadcasting Regulatory Authority Bill, which is yet to be gazetted by the Government. CPA has continuously pushed back against legislative attempts violating the fundamental rights of the people of Sri Lanka and is concerned with the process of legislating a bill of this nature. As such, CPA urges the Government to withdraw the Bill and commence a process to draft a law that is transparent and informed by different stakeholders with the intention of protecting fundamental rights and provide a robust and safe online space. 

Further comments on the Online Safety Bill are forthcoming.

To read the Full Statement in English – Click Here
To read the Full Statement in Tamil – Click Here
To read the Full Statement in Sinhala – Click Here

CPA Comms Officer on 26 September, 2023

Two Years In Government: A review of the pledges made in 2015 through the lens of constitutional reform, governance and transitional justice

The political transition of January 2015 promised ambitious reforms and raised expectations accordingly. Two years on, serious concerns have emerged with regard to the National Unity Government’s reform project.  Despite some successes, the current public perception is of a slow pace or even stagnation. This in turn has resulted in disillusionment and disappointment, with questions posed about the ability of the National Unity Government to govern effectively. These sentiments are justified in terms of promises made and the inability or unwillingness to manage expectations via a comprehensive communication strategy.

On the eve of celebrating Sri Lanka’s 69th Independence Day, the Centre for Policy Alternatives (CPA) launches a report exploring the pledges made in the areas of constitutional reform, governance and Transitional Justice and examines the progress made, challenges and setbacks. The areas reviewed are those in which proposed reform, if implemented in full, will significantly impact the identity of Sri Lanka and Sri Lankans, the structure of the state, form of government and governance, reconciliation and the culture of impunity.

Download the full report here.

 

CPA Comms Officer on 19 September, 2023

Proposed Anti-Terrorism Act (ATA) – Preliminary Comments | September 2023

The Centre for Policy Alternatives (CPA) notes the publication of the revised Bill of the proposed Anti-Terrorism Act (ATA) gazetted on the 15th of September 2023. A previous version of the Bill was gazetted on the 22nd of March 2023. CPA issued a statement raising several concerns relating to that version of the Bill followed by a submission of key concerns in response to the notice issued on 2nd May 2023 by the Ministry of Justice calling for submission of proposals on the ATA.

CPA notes that several revisions have been made to the initial version of the proposed ATA, such as the removal of the death penalty as a form of punishment and changes to the provisions concerning Detention Orders (DO) with the revisions providing the power to the Secretary to the Ministry of Defence to issue a DO for an initial period of two months. However, the revised bill continues to include problematic provisions, such as the overbroad framing of the offence of terrorism, authorising prolonged detention without charge including with extended remand periods, excessive powers granted to the executive to the detriment of the judiciary and fundamental rights, and perpetuating militarization. In particular, CPA is concerned with the provisions relating to curfew orders, which are patently unconstitutional and which seek to further expand the power of the Executive President. Further, CPA notes that the proposed ATA is the latest attempt to expand the power of the Executive President, contrary to the demands of the people to abolish the office evidenced most recently with the Aragalaya in 2022. Despite the demands for greater political accountability and a change in governance, the proposed ATA entrenches powers with the executive including broad powers to proscribe organisations, issue restriction orders and regulations and stipulate prohibited places.

CPA reiterates its concerns regarding the problematic process of the government’s belated and rushed efforts to extensively amend the ATA, particularly the limited scope for inclusive consultation and transparency in drafting the ATA. In this regard CPA notes with concern that the Human Rights Commission of Sri Lanka (HRCSL), which has a statutory responsibility in such a process, had to write to the government in order to obtain a copy of the Bill. Genuine consultation requires inclusivity and transparency in consulting communities / individuals who have been directly impacted by the use of such laws as the Prevention of Terrorism Act (PTA), including long term detainees and their next of kin, in order to understand the impact of the PTA, the torture, and abuse it has facilitated. Despite the call for public submissions, the failure to correct some of the most problematic provisions of the ATA indicates to the process being a token effort than genuinely making the law-making process inclusive.

Moreover, the ATA is introduced in a context where anti-terror laws have been used and abused in Sri Lanka, which raises critical concerns as to how the proposed ATA may also be prone to such practices in a culture harbouring abuse and impunity. Such a culture coupled with limited transparency in the lawmaking process, offers little confidence to the people regarding the intentions of such proposed laws.

In view of the aforementioned concerns, CPA calls upon the government to withdraw the proposed ATA, and reiterates that any new process for drafting an anti-terror law should be transparent, accountable and be the product of a robust consultative process between all the relevant stakeholders and in adherence to international standards. In this regard, CPA expresses its continuing willingness to engage in a genuine transparent and consultative process.

A comprehensive report by the CPA on the proposed ATA will follow shortly.

To read the Full Statement in English – click HERE

To read the Full Statement in Tamil – click HERE

To read the Full Statement in Sinhala – click HERE

CPA Comms Officer on 15 September, 2023

Economic Reform Index Wave 2 Top-line Report

This report presents the topline findings of the ‘Economic Reform Index Wave 2’, survey conducted by Social Indicator (SI), the survey research arm of the Centre for Policy Alternatives. This island-wide survey examines public opinion on the current economy, and economic reforms discussed over the past few months. Fieldwork for the study was conducted from 21st to 29th August 2023.

Please download the English version of the report here. The Sinhala and Tamil versions of the executive summary will be published in due course.

Download the full report HERE

Read the Executive summary of the report in Sinhala HERE

Read the Executive summary of the report in Tamil HERE

CPA Comms Officer on 25 July, 2023

Forty Years after Black July

This week marks the fortieth anniversary of the single most cataclysmic event in our post –
independence history – the anti -Tamil pogrom of July 1983. It is very sad and regrettable
that there are few, if any, public commemorations of the event and that the security forces
and the Police were deployed in large and disproportionate numbers and that at least in one
instance, force was used to disperse those at these meetings.
July 1983 led to the full -blown armed phase of the civil war, which lasted almost three
decades. Thousands of Tamils were killed, displaced and forced to flee abroad. We salute
the courage of the Sinhalese who gave them refuge. The country lost millions in terms of
foreign investment and tourism. Whilst a military victory against the LTTE was won in May
2009, forty years after the initial carnage and thirteen years after this military victory, a
political settlement of the conflict is yet to happen. The proposed Truth and Reconciliation
Commission has been met with skepticism and downright rejection from the families of the
victims; the cruelty of disappearances persists; the Prevention of Terrorism Act is yet to be
repealed and replaced; the Anti-Terrorism Act has been put on the back burner in response
to domestic and international pressure; the Thirteenth Amendment has yet to be
implemented in full anywhere in the country; police powers to the provinces provided in the
amendment may never be granted. The issue of accountability in respect of allegations of
war crimes and crimes against humanity is yet to be addressed. In addition, there are the
issues of land in the possession of the security forces to be resolved, the issue of the
archeological heritage of the land and security forces engagement in the civilian economy.
The citizens of Sri Lanka, especially our Tamil citizens and those that make up the diaspora
are deeply scarred by the events of July 1983 and their consequences. Sri Lanka needs to
heal, to reconcile, to unite, not least to come together to meet the deep and grave
challenge of governance that has spawned the current economic crisis and the issues of the
legitimacy, transparency and accountability of and in our governance and government. The
curse of impunity has to be comprehensively expunged from our public affairs.
We cannot allow any of this to happen to us ever again. We have to seize the opportunity
of building our future based on the principle of Unity in Diversity. To do this we cannot
forget. The state has to publicly acknowledge its crimes and misdemeanoures, even if
through the generosity in our hearts, we can begin to forgive.

Dr Paikiasothy Saravanamuttu
Executive Director

 

To read this document in Tamil, Click Here

To read this document in Sinhala, Click Here

CPA Comms Officer on 19 July, 2023

SC SDs Challenging the Constitutionality of Bills titled “Municipal Councils (Amendment) Act”, “Urban Councils (Amendment) Act” and “Pradeshiya Sabha (Amendment) Act”

Three Private Member’s Bills titled “Municipal Councils (Amendment) Act”, “Urban Councils (Amendment) Act” and “Pradeshiya Sabha (Amendment) Act” were presented to Parliament/ placed on the Order Paper of Parliament on 05th July 2023 as Private Members Bills.

The Centre for Policy Alternatives (CPA) and its Executive Director filed three Petitions on 14th July 2023 in the Supreme Court, seeking determinations by the Supreme Court that the Bills can only be passed in Parliament with a special majority (2/3rds of the Members of Parliament) and with the approval of the people at a referendum.

All three Bills, if passed into law, would allow the relevant Minister to extend the period of any or all Pradeshiya Sabhas, Urban Councils or Municipal Councils as the case may be, for a period as decided at the Minister’s discretion thereby postponing the holding of an election, on the basis that ‘a crisis’ has arisen.

The Petitioners argued that these Bills would have the effect of allowing the relevant Minister, to postpone elections for Pradeshiya Sabhas, Urban Councils or Municipal Councils on vague and unspecified grounds for an unspecified period of time. As such the Petitioners contend that the Bills are inconsistent with and/or violate several provisions of the Constitution, in particular, Articles 3, 4, 10, 12(1), 12(2) and 14(1)(a) of the Constitution.

The Petitioners also contend that the abovementioned Bills have been introduced, in the context where public officials and those holding high political office are intentionally and collusively acting in a manner to postpone the due holding of local government elections. The Petitioners’ had already filed a Fundamental Rights case [SC FR 79/2023] challenging these actions and that case is scheduled to be taken up before five judges of the Supreme Court on the 24th of July 2023.

CPA and its Executive Director challenged a similar attempt in 2017, when the then government attempted to introduce a constitutional amendment to delay Provincial Council elections.