COLOMBO : Over 450 activists, lawyers, academics, trade unionists, artists, medical professionals, journalists, clergy, concerned citizens, CS orgs, movements and trade unions, call for the immediate withdrawal of the proposed Anti Terrorism Act (ATA), and that there is no need for a special terror law in Sri Lanka, as there are adequate provisions within the existing general law to deal with potential “acts against the State”.
In an open petition addressed to all foreign missions in Colombo, it is stated as follows: “ We, the undersigned organisations and individuals from Sri Lanka write to you regarding the Anti-Terrorism Act (ATA)[1] proposed by the Government of Sri Lanka. The ATA was published in the official government gazette on 17th March 2023 and issued on 22nd March 2023. Indications are that it may be tabled in Parliament in late April 2023 after which it could be enacted as law in May 2023 if approved by Parliament.
We categorically state that the ATA, which is intended to replace the draconian Prevention of Terrorism Act (PTA), is an even more serious threat to democracy in Sri Lanka. We are demanding that the Government withdraw this atrocious proposed law with immediate effect and repeal the Prevention of Terrorism Act. We seek your support in this endeavour.
Draconian features of the ATA
The definition of ‘terrorism’ in the ATA is not in compliance with international guidelines and casts a wide net over ordinary criminal offences (Clauses 3, 8, 9, 10,11, 12 and 16). The ATA empowers:
- Any Deputy Inspector General of Police to detain a person without a judge having meaningful oversight (Clause 31).
- Any Senior Superintendent of Police can obtain from court curfew-like Orders (not to enter any specified area/premises, not to leave a specified area/premises and remain within a specified area, not to travel on any road, and not to transport anything or anybody) (Clause 61).
- The President to proscribe organisations (Clause 82), to apply for Restriction Orders restraining persons in various ways (Clause 83), to declare curfew for 24-hour periods (a power currently provided only under the Public Security Ordinance to be used in public security situations with Parliamentary oversight), to declare ‘Prohibited Places’ (Clause 85), and to potentially make law in the form of ‘regulations’ and ‘directions’ relating to the Police and Military (Clauses 98 & 99).
- The Police to seize movable property (not land) for 3 days and ask a Magistrate to extend the detention of property for 90 days (Clause 86).
- The Attorney General, without having to prove a suspect’s guilt, incentivizes them to accept rehabilitation and other penalties (Clause 100).
- The Military to exercise powers of arrest, search persons and places, and take documents and articles to the military (Clauses 20 & 22) militarising civilian administration.
- Imposing the death penalty, overriding the moratorium on its use in place since 1976.
- The State to remove protections granted to suspects under ordinary criminal law (Clauses 57, 58, 59, 67, 71 & 80)
Disingenuous Intent of the Government of Sri Lanka
The Government of Sri Lanka has disingenuously proposed a law with a far greater capacity to infringe the human rights of its citizens than the PTA. The ATA both retains and enhances PTA provisions that will shrink the space for active civilian participation in democracy, subject communities to intensive state surveillance, and militarise the State, thus intensifying the damage done by the PTA.
Sri Lanka must respond to the history of abuses and violations under the PTA
The PTA has been the source of countless human rights violations. Many Tamils detained under the PTA have spent up to 16 years in detention under the PTA before being acquitted by courts as not guilty. Since 2019, many Muslims have also been similarly detained. The PTA has also been used to unjustly detain lawyers, religious leaders, journalists, student activists, opposition politicians and human rights activists from all ethnic communities. Many PTA detainees have been subjected to horrendous torture. Commitments to replace the PTA cannot be used to introduce even worse, anti-democratic legislation, such as the ATA.
Sri Lankans are united in their call for repeal of the PTA
Sri Lankans have called for the repeal of the PTA for many years. Over the past two years, there have been concerted public campaigns, including by PTA victims and their families, opposition politicians, religious and community leaders, and lawyers to repeal the PTA. Previous attempts to reform the PTA (such as in 2022) and replace it with similar laws (such as in 2018) were cosmetic efforts to appease national and international pressure, without any genuine intention to address the massive rights violations accrued under it.
The ATA is a mockery of compliance with international commitments
In 2015, the Sri Lankan Government pledged to repeal the PTA and to replace it with, “anti-terrorism legislation in accordance with contemporary international best practices,” through UN Human Rights Council resolution 30/1, when the present Executive President was the Prime Minister. However, a careful analysis of the ATA reveals that the overarching content, tone and spirit are far from compliant with international best practices. The few positive features of the ATA are those that should be part of the ordinary criminal legal system. The ATA’s negatives far outweigh the positives in terms of the dangers to human rights, rule of law and democracy.
Rising domestic agitation against the ATA
Since the publication of the ATA, it has been widely condemned in Sri Lanka, including by opposition politicians, trade unions, academics, legal experts, religious and community leaders, and PTA victims and their families, through discussions, street protests and media.[2] Regional and International human rights groups have also condemned the ATA.[3]
Our legitimate concerns
Given the limitations in the legal system and difficulties for citizens to challenge draft laws such as the ATA in the Supreme Court[4], the highly political nature of this government initiative and our past experiences in judicially challenging attempts at replacing or reforming the PTA, it is unlikely we will get adequate redress from petitioning the Supreme Court to prevent the ATA’s enactment.
It is our considered and consistent position that the PTA must be repealed, and must not be replaced with any legislation that contains any extraordinary executive powers. If absolutely necessary, subject to a process of consultation with particularly affected individuals and communities and relevant experts, well-defined new offences could be introduced to the Penal Code and subject to normal criminal law safeguards.
Given all this, we urge you to utilise your esteemed offices and the diplomatic, political and economic relations you have with the present Sri Lankan government to take a principled position to promote and protect human rights, rule of law and democracy for all Sri Lankans. We urge you to take a firm stance on the fact that the overall content, tone and spirit of the ATA not only makes reform meaningless, but undermines Sri Lanka’s commitment to a counter-terrorism legal framework compliant with human rights protections.
Specifically, we call on you to urge the Sri Lankan Government to:
1. Immediately withdraw the proposed Anti Terrorism Act gazetted on 17th March 2023.
2. Commit to an immediate moratorium on the use of the PTA and take expeditious measures to repeal it.
3. Consider the extensive array of existing terrorism-related legislation in Sri Lanka, including the terrorism-related offences in the Penal Code, as part of Sri Lanka’s compliance with international obligations to have comprehensive legislation to counter terrorism.
4. Review the existing legal framework for countering terrorism to identify any specific offences against the State that need to be introduced; draft well defined offences for insertion into the Penal Code which is subject to the safeguards in the Criminal Procedure Code; and make any deviations from normal safeguards afforded to criminal suspects proportionate and justified and publish these for public consultation prior to enactment.
We attach herewith a six-page detailed analysis with background and key concerns related to the ATA. We are very open to engage in further discussions on this with you.
We look forward to your response.”
