Colombo (LNW): The Federation of University Teachers’ Association (FUTA) made its position over President Ranil Wickremesinghe’s controversial statement against university teachers’ decision to refrain themselves from marking G.C.E. Advanced Level Examination’s answer scripts.
Whist denouncing what the Union described as a ‘threatening’ response by President Wickremesinghe, the FUTA laid down four reasons in detail for resorting to the action of not joining the paper marking process in a statement.
Colombo (LNW): A lawsuit will be filed at a court in Singapore over the MV X Press Pearl disaster seeking compensation for the damages, the Attorney General’s Office said.
According to AG Sanjaya Rajaratnam, the matter has already been handed over to a law firm in Singapore.
Earlier, the Cabinet approved the move, and Justice Minister Rajapakshe told media that a lawsuit will be filed over the disaster at a foreign court.
Meanwhile, the AG’s Office noted that the amount of compensation demanded for the damage will be notified soon.
Colombo (LNW): “Voice For Democracy In Sri Lanka” urged all members of Parliament not to enact the government’s proposed “Anti-Terrorism Bill” in what they described as democracy and the rule of law being the priority.
In a statement, the Voice For Democracy In Sri Lanka reminded that the country has suffered immensely under the current Prevention of Terrorism Act (PTA) for over four decades, and it is incumbent upon all MPs to right the wrongs of the past and get this bill right.
“As politicians holding power, we appeal to you to do the right thing with moral conviction and integrity. This is one such moment we hope that public interest, political honesty, and respect for the rule of law will triumph over self-interest,” the statement read.
Colombo (LNW): The heat index continues to strike on a ‘caution’ level at some places in North-Western, Northern, North-Central and Eastern provinces and Moneragala, Ratnapura and Hambantota districts, totally covering fifteen districts, the Department of Meteorology said in an advisory statement.
Meanwhile, showers or thundershowers will occur at several places in Northern, North-Central, Eastern, Uva, Sabaragamuwa, Central and North-Western provinces during the afternoon or night, and fairly heavy showers above 50mm are likely at some places, the Department said in its weather forecast today (24).
Showers or thundershowers will occur at a few places elsewhere during the afternoon or night, and showers may occur in the Western province and in Galle, Matara, Jaffna and Mannar districts during the morning too, it added.
General public is kindly requested to take adequate precautions to minimise damages caused by temporary localised strong winds and lightning during thundershowers.
Marine Weather:
Condition of Rain:
Showers or thundershowers will occur at several places in the sea areas off the coast extending from Kankasanthurai to Matara via Mannar, Puttalam, Colombo and Galle. Showers or thundershowers may occur at a few places in the other sea area around the island during the night.
Winds:
Winds will be south-westerly over sea area around the island and wind speed will be (20-30) kmph.
State of Sea:
The sea areas around the island will be slight to moderate. Temporarily strong gusty winds and very rough seas can be expected during thundershowers.
Few places in the world can offer families such a remarkable combination of stunning landscapes, pristine beaches, captivating cultural heritage and unique wildlife experiences within such a compact location like the island of Sri Lanka.
There are eight UNESCO World Heritage Sites, over 800 miles of coastline (much of it pristine beach), 15 national parks showcasing abundant wildlife, miles of lush tea estates and botanical gardens, 350 waterfalls, and a culture that extends back to over 2,500 years.
Sri Lanka, a teardrop-shaped island in the Indian Ocean, lies south of India and is a stone’s throw from the Maldives. This part of Asia is where the original soul of Buddhism still flourishes and where nature and wildlife are abundant and unspoiled.
Family Travel in Sri Lanka: First Stop
Jetavaranama dagoba Buddhist stupa in ancient city Anuradhapura, Sri Lankagetty
Start your journey in Anuradhapura, which is considered to be the original capital of Sri Lanka. Rich with culture and history, it is home to ancient temple ruins, some of the largest stupas of the world and palaces dating back to the 10th Century BC. Anuradhapura is recognized as a UNESCO World Heritage Site.
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On your way to see Anuradhapura’s attractions, stop to see the architectural wonder of the rock fortress of Sigiriya – the impressive citadel built by the rebel king Kashyapa. Gardens, bathing pools, rock carvings, and a palace perched on the majestic rock as well as colorful frescos on the rock walls are the highlights of this historical site.
Minneriya National Park, famous for the annual gathering of its elephants –one of the world’s largest recorded assemblies of elephants – is teeming with wildlife and should not be missed.
Wilpattu National Park is the place to go to see Sri Lankan elephants, the elusive leopards, sloth bears, spotted deer, buffaloes, sambar, mongoose, and over 30 species of animals, exotic birdlife, reptiles, and amphibians. The park is spread over an area of approximately 500 square miles.
Uga Ulagalla caters to families. Uga
Staying several nights at Uga Ulagalla allows for day trips to various sites, including a cycling tour of the ancient capital Anuradhapura; wildlife safaris to witness elephants in Minneriya and leopards in Wilpattu; tours of the ancient engineering wonders such as the giant reservoir Kalawewa; exploration of the ruins in Ritigala and Sigiriya Rock Fortress, and to archaeological and historical sites in Dambulla and Polonnaruwa.
Uga Ulagalla appeals to families because they have 25 large villas—almost 2,000 square feet in size— each with its own private pool and separate living area.
Tuk Tuk ride Uga
The property is spread across 58 acres of land and focuses on authentic experiences such as village cycle tours, Tuk Tuk tours, horseback riding, archery, kayaking in the local lake and kite making.
Activities at Uga Ulagalla include horseback riding. Uga
Don’t be surprised to see monkeys, peacocks and elephants wandering around this cultural triangle retreat.
Cooking classesUga
Family cooking class allows kids to learn the flavors and tastes of Sri Lanka by making a traditional curry using locally-sourced rice and produce from the resort’s organic garden.
Junior Ranger Programuga
Younger rangers can join Ulagallas junior ranger program which has been designed to catch curious minds when it comes to nature, wildlife and the environment in a fun and engaging way. Rangers take children on a journey of natural discovery including identifying animals and birds; learning about the importance of ecosystems and threats to wildlife and exploring the traditional harvesting techniques of rice.
Exploring Yala National Park in Sri Lanka
Yala has one of the highest leopard population densities in the world.getty
After families explore Anuradhapura, the next stop should be to Ruhuna National Park, commonly known as Yala. Here you’ll find semi-deciduous and thorn forests, grasslands, freshwater and marine wetlands and sandy beaches where the only footprints you will see belong to foraging birds and animals.
It is the largest and oldest of a chain of six national parks and three sanctuaries in the vicinity and by far the richest in biodiversity, boasting 44 different resident mammal species and one of the highest leopard population densities in the world. There are also dozens of reptile species, including turtles, crocodiles, flying snakes and elegant fan-throated lizards. As for birds, Yala has no less than 215 resident and migrant species, of which the flamboyant peacock is one of the most common.
Apart from Yala and its satellite parks, other nearby attractions include the Great and Little Basses reefs, which is an ideal spot to see blue and humpback whales as well as dolphins.
Uga Chena Huts has morning and evening game drive safaris in Yala with an experience ranger guide. Uga
Most families will stay several days at Uga Chena Huts which borders Yala National Park on Sri Lanka’s southern coast. Included in the property’s rate is all meals and morning and evening game drive safaris in Yala with an experienced ranger guide. Yala is one of the world’s best spots to sight wild leopards, and sloth bears as well as plenty of bird life and other mammal sightings. The property can also organize whale-watching expeditions.
Uga Chena Huts blend into the surrounding environment. Uga
Chena Huts is popular with families because there are private pools in each cabin—with only 14 cabins in this seven-acre property. Each cabin is over 1,600 square feet and includes a spacious living room, bedroom, and en suite bathroom with a free-standing bathtub.
Sri Lanka is known for its elephant populations. getty
Sri Lanka will feel like an adventure for the whole family, from animal encounters with elephants, leopards and baby turtles hatching on the shores of the Indian Ocean, to plenty of culture and history thrown in.
Cumulative earnings of 281 listed companies suffer massive decline of 44% in the quarter ended Dec’22: first time since 2020: big losing segments were Capital Goods (-82.6%), Transportation (-87.0%), Telecommunications (-226.8%), & Diversified Financials (-38.9%).
Finance Ministry instructs all ministries, provincial councils, departments, district secretariats, state corporations, statutory boards and state-owned enterprises to immediately implement the long overdue electronic Govt Procurement (e-GP) system, in keeping with an IMF requirement.
Agriculture Ministry Secretary Gunadasa Samarasinghe asks the Chinese Embassy for details of a Chinese animal breeding company which had sought to obtain 100,000 toque macaques reportedly for zoos in China.
President Ranil Wickremesinghe says the country’s balance of payments is not currently favourable: asserts steps are being taken “to implement reforms and restructuring to create opportunities for growth”: also says the next immediate action is to present the IMF arrangement to Parliament and request its support: promises to have the growth agenda ready next month.
Survey conducted by the National Physical Planning Dept shows urbanisation has increased to 45% in 2022 from 18.5% in 2012: rapid population growth and a hike in migration of people from rural areas attributed as the reasons.
Five persons (three female and two male) found hacked to death in a house in the Delft area in Jaffna: another female hospitalised with serious cut injuries: no arrests thus far: investigations underway.
Youth, 21, who was arrested for giving an anonymous false tip-off to the police about a possible bomb threat in the Akurana area, remanded until May 4.
Energy Ministry withdraws its own Cabinet paper on revised feed-in tariffs for renewable energy after deciding it is too complicated: Federation of Renewable Energy Developers Vice President Manjula Perera says despite the Govt’s pledge to generate 70% of electricity through renewable sources by 2030, new projects are blocked by the continued failure to introduce a viable tariff.
Human Rights Commission summons representatives of Tri-forces in relation to the investigations into the torching of President Ranil Wickremesinghe’s private residence on 9 July 2022.
New commemorative stamp issued marking a site in the epic Ramayana in the Central highlands: stamp commemorates the Sita Amman Temple, which is believed to be in the site known as Ashok Vatika in the Ramayana where Sita was held captive by King Ravana.
The Hindu: Tamils in Sri Lanka have witnessed an escalation in the attack on Hindu temples in recent weeks, a trend that they note is part of the State’s “ongoing Sinhalisation project” in the island’s north.
In recent weeks, Tamil media reported multiple incidents of vandalism at temples, where Hindu deities were found missing or damaged. In Jaffna, some Tamils have sought to counter the trend by placing a Hindu deity in a public space, prompting police to petition the court seeking its removal. Several Tamil political parties have called for a protest on April 25 against the recent temple attacks, among other issues.
Simultaneously, Tamils also point to an increase in the number of new Buddhist structures and shrines coming up in the Northern Province, where Hindus form the largest religious group, followed by Christians and Muslims, with Buddhists in the fourth place.
The developments come amid heightening activity of Sri Lanka’s Department of Archaeology in the Tamil-majority north and east. Authorities have restricted public access to some temples, citing ongoing “archaeological research” in the historic sites. In one instance, media reported the arrest of a youth who attempted to worship at a temple in Vedukkunarimalai, Vavuniya. A large protest was held in the area last month protesting the vandalism of idols at this temple.
Jaffna legislator and Tamil National People’s Front Leader Gajendrakumar Ponnambalam sees the incidents as part of a larger, persistent assault on Tamils’ rights, including to worship. Ever since the end of the war, consecutive governments have “accelerated the Sinhalization” of the north and east, he said, “as if to catch up with the gap of the 30 years during the war that they missed out on.”
The Aiyanar temple at Kurunthurmalai, Mullaitivu, has remained controversial amid a rapid increase in Buddhist structures on its premises in the last few years. Despite a court order preventing any new religious installations at the spot, a state minister in 2021 led a ceremony to place a Buddhist statue at the site, in the presence of military men and archaeological department officials. Similar contestations on land have also been reported in the east.
“The Rajapaksas spearheaded this [Sinhalisation] project, but that doesn’t mean the attitude of [President] Ranil Wickremesinghe or [Leader of Opposition] Sajith Premadasa is any different,” he told The Hindu. Recalling the manifesto of Mr. Wickremesinghe’s United National Party, ahead of the 2018 local government elections, the MP said: “It stated that their government will rebuild 1,000 Buddhist viharas [temples], a vast majority of them claimed to be in the north and east. Mr. Sajith was the Minister in charge of this project.”
Mr. Ponnambalam said Tamils have been struggling against “this genocidal agenda”, of “erasing the Tamil identity” of the north and east. “It is utter desperation that led [Tamils] to take up arms. Well, now that the Tamil armed struggle was crushed, we are back to business as usual.”
M.A. Sumanthiran, Jaffna legislator for the Tamil National Alliance and a senior lawyer, is appearing for Hindu religious groups in multiple legal battles where temple land, or access, is being contested by authorities. There is “very clearly, a pattern and an agenda” seen in the escalating instances of attacks and vandalism on Hindu temple deities across the north, he noted.
Mr. Sumanthiran, too, accused authorities of pursuing a project of “Sinhalisation”, targeting places of worship of the Tamils, based on claims that these are archeological sites, implying they have a Sinhala heritage. “To start with, even if these sites had archeological evidence of some Buddhist heritage, it may not necessarily be Sinhalese, because we know that Tamil Buddhists have lived in the north,” he told The Hindu.
Observing that the Sri Lankan Constitution guarantees every citizen the right to worship, or to not worship, he said: “This Sinhalisation project cannot be countered by simply acting in competition, by placing more statues or deities. We need sober ways of putting an end to this practice. It needs regulation of the erection of new statues, across religions. Meanwhile, a citizen’s right to worship, which is an absolute right, ought not to be interfered with, irrespective of which religion one follows,” he said.
Some temple administrators have reportedly approached the Indian High Commission on the issue. Further, amid reports of Hindu religious groups also appealing to their Indian counterparts, some Tamils have voiced scepticism. “There have been calls by Sri Lankan Tamil groups to BJP/Indian Hindu groups to intervene and stop the destruction of Hindu temples & construction of Buddhist temples in their place in North & East. This is dangerous and ignores many socio-political realities. BJP is no progressive force,” said human rights activist Ambika Satkunanathan, in a recent Twitter thread. “BJP’s politics is akin to that of the Rajapaksas-they demonise and dehumanise Muslims, Christians and Dalits, portray them as the enemy and as obstacle to building a Hindu state,” she said.
In Mr. Ponnambalam’s view, seeking help from State or Government of India, or any other country, for “a reasonable and just” request is “totally acceptable”. But he cautioned Sri Lankan groups against seeking the help of organisations that have “a very clear political agenda”, which goes beyond religion, and “sees sections of the Tamil Nation in Sri Lanka that belong to different religions as enemies”.
“Help does not come free. It comes with conditions, and the conditions that some of these Hindu organisations lay will ultimately divide the Tamil Nation here,” he said, adding that Tamil nationalism in Sri Lanka had been a reaction to the Sinhala Buddhist ethnocratic state’s policies. “We have therefore insisted that our liberation has to be on the basis of secularism and equality. That aspect, as far as our organisation is concerned, can never be compromised.”
The Department of Archaeology is yet to respond to The Hindu’s query. When contacted, the Governor of the Northern Province Jeevan Thiagarajah said historical places that are religious in character are interpreted in different ways and that there have been “issues around their history”.
“The Department of Archaeology looks into archaeological matters, but there are other departments tasked with looking into religious concerns and unfortunately, they are not out there on the field doing their job. I will take it up with the Ministry [of Culture],” noted the most powerful central government representative in the Province. The Northern Province, like the island’s eight other provinces, is currently under Governor’s rule, owing to the indefinite postponement of provincial council elections. “Sectarianism is not the way forward…we hope not to go down that path,” he said.
Sri Lanka’s High Commissioner to India Milinda Moragoda met with the Indian Minister of Commerce and Industry Shri Piyush Goyal on 20 April 2023 at the Ministry of Commerce and Industry in New Delhi, to follow up on the key areas that were discussed during their last meeting in February.
The key areas discussed in February included mechanisms relating to the expansion of bilateral trade, the ways to establish and promote rupee trade between Sri Lanka and India as a means of economic recovery in Sri Lanka, and the possibility of further bilateral integration in the textiles and garment sector.
At the meeting, the progress made so far in these key areas was reviewed by the Indian Commerce Minister and the Sri Lankan High Commissioner. Special attention was given to the area of trade expansion as a means of economic recovery of Sri Lanka, and the way forward in this regard was discussed in detail. In this context, High Commissioner Moragoda reiterated the key role that India, with its projected growth rate of 6.7% for 2024, could play in Sri Lanka’s economic recovery.
A Chartered Accountant by profession, Shri Piyush Goyal also holds the Ministerial portfolios of Consumer Affairs, Food & Public Distribution as well as Textiles. He is the Leader of the House of the Rajya Sabha, the upper House of the Indian Parliament. He has also held the Ministerial portfolios of Railways, Finance, Corporate Affairs, Coal, Power, New & Renewable Energy and Mines, previously.
Colombo (LNW): The Embassy of Sri Lanka in Cairo, which is accredited to the Republic of Sudan, has assured that they are in regular contact with the Sri Lankan nationals currently in Khartoum and its suburbs, in view of the ongoing situation.
Accordingly, issuing a statement in this regard, the Sri Lankan Ministry of Foreign Affairs noted that the Embassy is closely monitoring the evolving situation in Sudan, and has advised all Sri Lankan nationals residing in the conflict-affected areas on matters pertaining to their safety.
The Embassy can be reached via email – [email protected] and their telephone line – +201272813000.
For immediate assistance, the Honorary Consul of Sri Lanka in Khartoum, Sayed Abdel, may be contacted on +249912394035.
The Sudanese ambassador to India, Abdalla Omer Bashir Elhusain, has stated that the request of the Indian government for the evacuation of its nationals from Sudan is currently under consideration by the authorities.
Sri Lanka also should follow suit soon as a sizable number of workers of the island nation are working in apparel factories and other sectors including Sr Lankan Army contingent attached to UN peacekeeping forces in Sudan, official sources said.
Battles continue to rage in the capital, Khartoum, and elsewhere between troops loyal to army chief Abdel Fattah al-Burhan and Mohamed “Hemedti” Hamdan Daglo, commander of the powerful paramilitary Rapid Support Forces (RSF).
The humanitarian situation in Sudan has significantly deteriorated, with the Central Committee of Sudanese Doctors (CCSD) stating that 39 out of 59 hospitals in Khartoum and nearby states are “out of service”.
Western diplomats based in Khartoum have reported that about 270 civilians have been killed since the fighting began. Many Khartoum residents have fled, while others are trapped in their homes seeking shelter.
Analysts warn the conflict could draw in foreign armed groups and regional powers, and may have far-reaching consequences, not only for the northeast African country but also for an already unstable region.
A rapid military victory seems unlikely, experts agree, with al-Burhan’s army more powerful, but Hemedti’s RSF excelling in urban warfare. The stage appears set for a lasting conflict.
Battles have increased swiftly, engulfing Khartoum and its twin city Omdurman and several other regions, especially Darfur.
“The combat could quickly slide into a sustained war that risks rippling through the country’s restive peripheries into its neighbours,” the International Crisis Group says. “The hostilities have pushed the country toward the full-blown civil war Sudanese have dreaded for years.”
Cameron Hudson – of the Washington-based Center for Strategic and International Studies – says the violence could escalate across Sudan’s borders.
“The challenge is that the conflict … is spread on every corner of the country – on the border with Chad, the Central African Republic, South Sudan and Ethiopia,” Hudson says.
“The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane”
– Marcus Aurelius Antoninus
ByDinesh Dodamgoda
The Morning:The Government published an Anti-Terrorism Bill (ATB) in the gazette on 23 March, with the primary aim of abolishing the controversial Prevention of Terrorism Act (PTA). Yet, amid opposition, the Government delayed tabling the ATB in Parliament.
The preamble to the ATB states, among other things, that terrorism in its various forms and manifestations is a threat to the ‘community of nations’. Therefore, Sri Lanka is under obligation to enact laws to give domestic legal effect to international instruments relating to countering any acts of terrorism and related actions to which Sri Lanka has become a signatory.
Furthermore, Sri Lanka is committed to and desirous of eradicating and preventing domestic and international terrorism through enforcing an effective system for administering criminal justice against terrorism based on international norms, standards, and household needs.
Thus, as expressed, the ATB aims to fulfil Sri Lanka’s global responsibility of preventing terrorism by upgrading the rule of law standards in implementing universal anti-terrorism instruments.
The opponents placed the ATB, among other things, in the context of the abuse of the PTA and Emergency powers carried out by the Executive branch of the State. Hence the opposition to the new bill was mainly based on protecting the rights of minorities, critics, and protesters from a ‘culture of torture and impunity’.
For the opponents of the ATB, the bill introduces new offences that could restrict the freedom of expression, gives new tools to the Executive branch to crack down on dissent and criticism, enables the Police DIGs to authorise detention orders, furnishes the President with discretionary powers to proscribe organisations, and enables the President to make new regulations under the act as per his wishes and whims. Furthermore, the bill contains overly broad definitions of the ‘offences of terrorism’ and vague and undefined elements.
As the reader may understand, arguments for and against the ATB are palatable to audiences with similar values; Sri Lanka must upgrade the rule of law standards in implementing universal anti-terrorism instruments whilst protecting fundamental rights from a ‘culture of torture and impunity’. Yet, where to draw the border line and find equilibrium?
The islanders’ mentality
The islanders’ mentality of Sri Lanka towards Counter-Terrorism (CT)/Anti-Terrorism (AT) was demonstrated by the Presidential Commission of Inquiry’s (PCoI) final report on the Easter Sunday attacks that attempted to examine State responsibility to protect against terrorism under the heading ‘Accountability’ in Chapter 19.
The PCoI was mandated to identify all authorities responsible for the failure to prevent the terrorist attacks and identify the authorities who failed to perform their duties and did not take proper action due to incapacity.
In doing so, the PCoI employed two sources as its legal bases: written laws within the meaning of Article 170 of the Constitution and judicial pronouncements. It is a pity that the PCoI was either unaware of the United Nations (UN) criteria for assessing the State’s responsibility to protect against terrorism or did not care.
In the global context which the proposed Anti-Terrorism Bill intends to focus on, the Terrorism Prevention Branch (TPB) of the United Nations Office on Drugs and Crime (UNODC) recommended standards for UN member states to understand the nature of the state’s responsibility to protect against terrorism.
A working paper titled ‘Preventing Terrorist Acts: A Criminal Justice Strategy Integrating Rule of Law Standards in Implementation of United Nations Anti-Terrorism Instruments,’ prepared by the TPB under the General Assembly Resolution 60/175 and published by the UN in 2006, was designed to facilitate the task of advising national authorities by integrating the mandatory rule of law standards in the implementation of universal anti-terrorism instruments.
Unfortunately, the final report of the PCoI on the Easter Sunday attacks did not state whether it used the UN standards set out in 2006 to assess the nature of the State’s responsibility to protect against terrorism.
The absence of such reference can also be due to the multidisciplinary nature of the proposed anti-terrorism law; one must have a perspective at least supported by two conceptual lenses: law and the discipline of counterterrorism/anti-terrorism.
Anti-terrorism laws
The UN standards set out in 2006 uses the ‘inherent right to life’ every human being has as the principal basis for the state’s responsibility to protect against terrorism.
Furthermore, Article 6 of the International Covenant on Civil and Political Rights (ICCPR) ensures the ‘right to life’ and over 150 of the 191 Member States of the UN have accepted the obligations of the ICCPR, of which Sri Lanka is also a signatory (yet Sri Lanka does not recognise ‘right to life’ as a legal obligation of the State).
The TPB believes that protecting life means preventing loss of life, not punishing those responsible for a successful or attempted deprivation. Therefore, the TPB emphasises that the protection of life by law thus demands legal measures to interrupt and interdict preparations for terrorist violence, not merely the identification and punishment of the perpetrators after a fatal event.
Hence, ‘proactive law enforcement’ or legal measures a state should take to interrupt and halt preparations for terrorist violence stem from the right to life guaranteed by the ICCPR. Anti-terrorism laws are thus present to protect the most fundamental right, the right to life, and not to deprive it, as some narrow-minded human rights groups think.
A preventive criminal justice strategy
What we observed in the context of the Easter Sunday terrorist attacks on 21 April 2019, is that the Sri Lankan anti-terrorism/counter-terrorism regime was a set of mere instinctive, uncoordinated reactions to a terrorist threat rather than a well-informed, coordinated, forward-looking, proactive criminal justice strategy.
Yet, a forward-looking, ‘proactive law enforcement’ or ‘preventive criminal justice strategy’ suggested by the TPB against terrorist violence requires a lot – a comprehensive system of substantive offences, investigative powers and techniques, evidentiary rules, and inter-state cooperation mechanisms. The TPB emphasises that such an integrated approach is necessary to implement the right to life guaranteed by the ICCPR.
The scope and elements of a preventive criminal justice strategy suggested by the TPB against terrorism first focuses on ‘identifying offences’ – a comprehensive system of substantive offences established by universal anti-terrorism conventions and protocols, criminalisation of terrorist acts in accordance with the rule of law principles and the ICCPR, mandatory criminalisation of terrorist financing, association de malfaiteurs and conspiracy, support for terrorism offences (the principle of legality; Res. 1373), punishing preparation of terrorist acts, incitement to terrorism (ICCPR Art. 20; SC Res. 1373 and 1624), civil and political rights impacted by incitement offences (ICCPR Art. 18-19), the Council of Europe definition of provocation/incitement, existing laws on incitement to violence, recruitment and procedural options concerning terrorist groups, possession of articles or knowledge related to terrorism, and training and other forms of association with terrorist groups.
Second, in terms of ‘procedural improvements,’ the TPB emphasises the need for integrating substantive and procedural mechanisms within the rule of law, acquiring information through community cooperation, controls permitting the development of national security intelligence into evidence, undercover operations and public policy considerations, duration of detention (Article 9-3 ICCPR, General Comment 8, Human Rights Committee), interrogation (ICCPR Article 7; Convention Against Torture Article 1), witness incentives, evidentiary rules, reinforcement of anti-financing measures by regulatory means, and misuse of non-governmental organisations.
Third, as the TPB warranted, the foundation of a successful global anti-terrorism strategy must ratify and implement the existing universal anti-terrorism instruments to permit investigative, evidentiary, and extradition ‘cooperation among states’.
To achieve international cooperation, Sri Lanka must focus on developing international support mechanisms to legal bases for international cooperation, addressing double criminality issues, reducing other formalities of inter-state cooperation, fiscal and political offence exceptions, proactive development of human rights, refugee and asylum cases, and denial of a safe haven for terrorism.
The right to life
The fundamental lacuna in the proposed ATB is that the bill does not recognise the right to life as its primary legal and moral base, and therefore, in many ways, distances the ATB from its declared objective in the preamble – to fulfil Sri Lanka’s global responsibility of preventing terrorism by adopting an integrated approach to upgrade the rule of law standards in implementing universal anti-terrorism instruments. This integrated approach is necessary to enforce the right to life guaranteed by the ICCPR.
Some countries constitutionally guarantee the right to life, while others do not. For example, the US, the UK, Canada, France, Germany, New Zealand, and India guarantee the right to life. However, the Sri Lankan Constitution does not expressly recognise the right to life. Moreover, even the ICCPR Act No. 56 of 2007 does not recognise the right to life.
Yet, as the proposed ATB’s declared aim is to upgrade the rule of law standards in implementing universal anti-terrorism instruments, the ATB must guarantee the right to life, or leave it alone without boasting about qualities or universal standards the proposed ATB does not possess.
On the other hand, human rights groups, if they are genuinely fighting to upgrade the rights of citizens, must bring the right to life slogan forward rather than mingling around an orthodox set of fundamental rights for the sake of doing it, if they are to get a breakthrough in elevating the standards of rights the citizens of Sri Lanka to enjoy.
As a final note, I wish to quote Paragraph 24 of the UN working paper ‘Specific Human Rights Issues: New Priorities, in Particular, Terrorism and Counter-Terrorism’ – a preliminary framework draft of principles and guidelines concerning human rights and terrorism by the Special Rapporteur on Terrorism and Human Rights of the Sub-Commission on the Promotion and Protection of Human Rights, GE.05-14597, June 22, 2005:
“International action to combat terrorism should focus heavily on preventing terrorism or terrorist acts. To the degree possible, international action should focus on developing and implementing forward-looking strategies rather than being responsive or reflective of individual acts or series of terrorist acts.”
So, we must think outside the box.
(The writer is an Attorney-at-Law and an MSc holder of Global Security from the Royal Military College of Science [Cranfield University], Shrivenham, UK. He has researched terrorism/counterterrorism at the University of Newcastle upon Tyne, UK and the Centre for Terrorism and Political Violence at the University of St. Andrews, Scotland. He received a Fulbright scholarship to study US National Security Policy Making at the University of Delaware, US, in 2011)
