Opposition Leader Sets Out Five Safeguards for Proposed Security Laws

October 26, Colombo (LNW): Opposition Leader Sajith Premadasa has called for five key protections to be built into Sri Lanka’s proposed security legislation, emphasising the need for transparency, judicial oversight and safeguards against violations of fundamental rights.

He outlined the proposals during a meeting with representatives of diplomatic missions and international organisations held at the Office of the Leader of the Opposition in Colombo 07. Discussions centred on two proposed laws: the Protection of the State from Terrorism Bill and the Prevention of Organised Crime Bill.

Premadasa said the proposed legislation should be accompanied by clear legal safeguards to prevent the misuse of state powers and ensure that security measures remain consistent with constitutional principles and individual liberties.

His five proposals include making expert recommendations relating to the draft legislation publicly available; defining offences in clear and proportionate terms; ensuring that courts retain meaningful discretion over detention, remand and bail; introducing protections against confessions obtained through coercion and searches conducted arbitrarily; and consulting the Bar Association of Sri Lanka (BASL), the Human Rights Commission of Sri Lanka (HRCSL) and other relevant stakeholders before the Bills are enacted.

During the discussion, the Opposition Leader also drew attention to concerns expressed by the HRCSL about the proposed Prevention of Organised Crime Bill.

In a statement issued on October 21, the Commission concluded that the draft legislation was incompatible with constitutional protections for fundamental rights and Sri Lanka’s international human rights obligations. It also warned that the proposed law could be more draconian than the Prevention of Terrorism Act of 1979.

The HRCSL has called for the Bill to be withdrawn and substantially revised to bring its provisions into line with constitutional requirements and international human rights standards.

The BASL has likewise urged the authorities to withdraw the Prevention of Organised Crime Bill. It has also called for the proposed anti-terrorism legislation to be withdrawn or amended, arguing that the current version requires further changes.

Former Member of Parliament M. A. Sumanthiran, together with other serving and former parliamentarians who participated in the meeting, raised concerns about the possible consequences of the proposed laws for fundamental rights and the rule of law.

Premadasa stressed that protecting national security should not come at the expense of civil liberties. He argued that any legislation intended to address terrorism or organised crime must provide for effective judicial scrutiny and ensure that the powers granted to law enforcement authorities are subject to appropriate checks and balances.

He also clarified that the safeguards being proposed were not intended to confer special treatment on politicians, activists or any particular group. Rather, their purpose was to protect the rights of all citizens and ensure that legal protections apply equally.

The Opposition Leader reiterated his willingness to support effective security laws capable of protecting the public against serious criminal activity. However, he maintained that such measures must also uphold constitutional democracy, preserve judicial independence and respect individual freedoms.

The debate over the two proposed Bills comes amid calls from legal and human rights bodies for greater scrutiny of the powers they would grant to the authorities. The central issue raised by Premadasa and other participants is how Sri Lanka can strengthen its response to security threats while ensuring that legislation remains subject to democratic accountability and established human rights standards.

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