By Sam Samarakoon –
Sam Samarakoon
The Sri Lankan government’s proposed Anti-Terrorism Bill has caused widespread concern among civil society, human rights groups, intellectuals, and political opposition parties due to its broad and ambiguous definition of terrorism. While the bill aims to curb terrorist activities in the country, critics argue that it could be misused to suppress political dissent and peaceful protests. The proposed legislation grants law enforcement officials extensive powers, which could lead to potential abuses and violations of Sri Lanka’s constitutional guarantees and international legal obligations.
Compared to other countries such as the UK, Australia, the US, and Germany, Sri Lanka’s proposed Anti-Terrorism Act has a much broader and ambiguous definition of terrorism. Critics argue that this poses a significant threat to Sri Lanka’s democracy and progress towards greater respect for human rights. International funding agencies such as the IMF supporting the proposed bill have also drawn criticism for potentially undermining human rights and democratic values in the country.
The proposed Anti-Terrorism Bill has been criticised for granting extensive powers to law enforcement agencies, potentially leading to abuses of power such as unlawful arrests, detention, and the curtailment of fundamental rights and freedoms. It is essential that any legislation passed in Sri Lanka upholds human rights and democratic values and is not used to suppress peaceful protests and dissenting opinions.
While the government must have tools to control and eliminate the activities of terrorists in the national interest, any legislation passed in the country must uphold human rights and democratic values.
The interpretation of terrorist acts such as bombings, hostage-taking, assassination, kidnapping, hijacking, cyberattacks, chemical and biological attacks, or attempted attacks must be clearly defined in the proposed bill.
Laws aimed at controlling terrorism in highly democratic countries are often subject to judicial review, ensuring that they are balanced against the need to protect civil liberties.
There are various international agreements and conventions that aim to prevent terrorism and protect human rights, including the UN’s International Covenant on Civil and Political Rights, the Geneva Conventions, and the Rome Statute of the International Criminal Court.
Any law passed in Sri Lanka must uphold the country’s constitutional guarantees and international legal obligations and should not be used as a tool for political gain.
*Sam Samarakoon- Retired High Court Judge in Sri Lanka, Solicitor & Barrister in Victoria, Australia, practising areas including international law
RBH59 / April 27, 2023
The Proposed Anti-Terrorism Bill In Sri Lanka: A Threat To Democracy
Coming of Ranil to the president itself not democracy, and he propose Threat To Democracy to cover up undermine the way of his coming to president.he did not adhere to the established norms of the presidency,
Free, fair elections are the lifeblood of our democracy
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Buddhist1 / April 27, 2023
Wijedasa Rajapakshe who changes his colours depending if he is a Minister or an opposition member is unable to draft a bill that does not contradict the constitution of the country (had 48+ violations as per Supreme Court). This Dasa said that the bill is going to protect the lives of the citizens and that the Police will not misuse it. However, even Senior DIG Ajith Rohana does not trust the IGP published his opposition to this transfer in the media, clearly has displayed even the IGP cannot be trusted let alone the police force in Sri Lanka. He must be knowing more about his own police force than any other civilian in the country.
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Lasantha Pethiyagoda / April 28, 2023
The ant-terror bill is nothing but an instrument of state terrorism against its citizens, to be interpreted at will and used at will, by the powerful, against the weak and impoverished. This is just a feature of the governing cabal of grand criminals exploiting the public funds at will and with impunity. It is not just the anti-terror bill that must be opposed, but the entire system that the house of thieves is consolidating in order to remain in power. The people must rise as one, and change this system of grand corruption, nepotism and injustice in one fell swoop, destroying any vestige of the rank stinking mess that these vermin emanate. It is now or never and failure to act now would mean a slave populace with no rights or freedoms, as it descends into generational poverty.
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