In a recent development, all District Returning Officers in Sri Lanka have issued a Gazette notification announcing the postponement of the 2023 Local Government (LG) election, which was originally scheduled for 25 April. The new election date will be determined based on the availability of funds or the decision of the Supreme Court on the pending case.

The local government election was initially planned for last year but was deferred indefinitely due to economic difficulties and political instability in the country. The election was then scheduled for 9 March, but printing of ballot papers stalled due to insufficient funds.

The Supreme Court issued an interim order on 3 March, preventing the Treasury Secretary from withholding budgetary allocations for the LG election. However, some government MPs alleged that the court order breached parliamentary privileges and was an attempt by the government to postpone the election.

As of 19 March, the term of office for 340 out of 341 local government bodies had expired, and the authority of the councils was transferred to the relevant secretaries and commissioners.

The postponement of the election has caused widespread criticism, with many questioning the government’s commitment to democratic processes. The country awaits a resolution to the pending court case or the release of sufficient funds for the LG election to proceed.

1. Ex AG Dappula De Livera summoned to the TID today over a claim he had allegedly made involving the 2019 Easter Sunday Massacre: Justice Minister Wijeyadasa Rajapakshe says the ex AG’s claim that “there is a grand conspiracy with regard to the attacks” has created a certain degree of ‘scepticism’ surrounding the probe into the massacre.
2. The NTC announces that the semi-luxury bus service will be removed from operation after May 03 in consideration of a large number of complaints: Semi-luxury buses asked to convert their service into either normal service or a luxury bus service.
3. The Cabinet approves the proposed road map and timeline for the restructuring process of the CEB: Power and Energy Minister Kanchana Wijesekara says the final draft of the new “Electricity Act” will be presented to Parliament for approval by end of May 2023; asserts approval was also granted to establish a reform secretariat, obtain assistance of development agencies such as ADB, WB, USAID and JICA, to conduct a financial and human resource audit and to compete the transition process by October this year.
4. SLPP political activists Jehan Hameed and Shenali Waduge, and ex Brigadier Athula De Silva file petition in the Supreme Court challenging the “constitutionality” of the Penal Code (Amendment) Bill proposing the decriminalisation of consensual same-sex relationships presented by SLPP MP Premnath Dolawatte: Women and children rights activists and human rights activists lodge intervening petitions challenging the petitions, calling them “baseless, malicious, fictitious and false.”
5. SLTDA says it expects a total of 400,000 tourist arrivals for 2023 by April 20: As of April 16, 55,000 tourists were seen entering the island for the month of April alone: SLTDA Chairman Priyantha Fernando says most of the tourists who arrived since January were of Russian and Indian nationalities; adds they are expecting more Chinese tourists next month.
6. Health Ministry announces that the issue of medicine shortages in the country is gradually easing: Additional Secretary Dr. Saman Rathnayake says there were over 170 types of medicines in short supply in the country about a month ago, but the number has reduced to less than 100 as of now; asserts provisions have been made to purchase 60 types of medicines currently in short supply.
7. President Ranil Wickremesinghe issues an extraordinary gazette declaring four more public services essential, under Section 02 of the Essential Public Services Act No. 61 of 1979: Services related to the supply of electricity, supply or distribution of petroleum products and fuel, postal service, and all types of work or labour required for the maintenance, care, feeding, and treatment of patients in hospitals, nursing homes, dispensaries, and similar institutions have been declared essential, with effect from April 17, 2023.
8. The national Iftar ceremony organised on the occasion of the fasting month of Ramadan by the Muslims held at Temple Trees under the patronage of President Ranil Wickremesinghe and Prime Minister Dinesh Gunawardena: Premier Gunawardena urged Muslims to contribute to the create a prosperous Sri Lanka by taking it forward into the future, just as Muslims had actively contributed to the creation of national unity during the past decades.
9. The Centre for Environmental and Nature Studies (CENS) raises strong concerns over the government’s decision to sell Toque macaques (Macaca sinica) monkeys to China, in a letter addressed to Gopal Baglay, the Indian High Commissioner to Sri Lanka, stating that the Sri Lankan government’s vaguely described justification over the action would be problematic; urges India, which considers monkeys are sacred, to intervene and protect these animals and not let “money sell God’s symbol and culture” to China.
10. Sri Lanka 591/6 (Karunaratne 179, K Mendis 140, Samarawickrama 104, Chandimal 102) beat Ireland 143 (Tucker 45, Jayasuriya 7-52) and 168 (Tector 42, R Mendis 4-76, 3-56) by an innings and 280 runs: Prabath Jayasuriya picks up ten in the Test as Sri Lanka roll Ireland over for innings victory: Ramesh Mendis returned four second-innings wickets to hasten the end and skittle Ireland for 168.

The Samagi Jana Balawegaya has decided to hold its May Day rally this year at A.E. Gunasinghe Stadium, Colombo Fort.

Accordingly, the May Day Committee states that it has been planned to hold the May Rally this year in a very grand manner with the participation of a large group of party members.

Women and Child Rights advocates come forward to support decriminalisation of homosexuality and challenge “false and fictitious” petition of SLPP political activist Jehan Hameed and Shenali Waduge. 

Several intervening petitions have been filed at the Supreme Court supporting MP Premnath Dolawatte’s Private Members Bill that decriminalise same sex consensual relationships. 

The intervening petitioners have submitted that if the proposed Bill is enacted by Parliament that it will remedy a long-standing injustice against the LGBT community.

The intervening petitioners include former Vice Chancellor of the University of Colombo, Prof. Savithri Gunasekara; former Human Rights Commissioner, Ramani Muttetuwegama; former Chairperson of the National Child Protection Authority, Natasha Balendra; former Chairperson of the Human Rights Commission of Sri Lanka and former UN Undersecretary General for Children Radhika Coomaraswamy; Child Rights Activist Dr. Tushara Wickremanayaka; Executive Director of the Family Planning Association (“FPA”), Thushara Ranasinghe; Director of Advocacy of the FPA and former Child Protection Advisor at Save the Children and Coordinator for the National Partnership to End Violence Against Children, Sonali Peiris; Programme Officer for HIV Services in South East Asia, Jake Oorloff; Equality Director of iProbono, Aritha Wickramasinghe; Executive Director of the National Transgender Network, Bhoomi Harendran and LGBT Human Rights organisation Equal Ground.

President’s Counsels Sanjeewa Jayawardena and Dilrukshi Wickremasinghe and Attorneys-At-Law Thishya Weragoda and N.K. Ashokbaran are among the senior lawyers representing the intervening-petitioners. 

Penal Code adequately protects children from abuse

The intervening-petitions all dismiss the submissions made by SLPP political activist Jehan Hameed, Shenali Waduge and Athula De Silva that the Penal Code amendment bill will expose children to child abuse. 

There are sufficient provisions in the Penal Code to protect children from abuse, including the following sections, none of which are being amended or repealed:

1. 286A “Obscene Publication exhibition relating children”;
2. 288A “Hiring or employing children to act as procurers”;
3. 288B “Hiring or employing children to traffic in restricted articles”;
4. 360B “Sexual Exploitation of Children”;
5. 360E “Soliciting of a child”;
6. 363 “Rape”; and
7. 365B “Grave Sexual Abuse”.

Furthermore, the petitioners have argued that Section 365B of the Penal Code defines “Grave sexual abuse” as “any act” done for sexual gratification “by the use of [his] genitals or any other part of the human body or any Instrument on any orifice or part of the body of any other person”, clearly demonstrating that the laws are sufficient to cover all aspects of sexual abuse done by a person to a child. Section 365B includes any form of touch, including touch with hands, of any part of the victim’s body; oral rape; anal rape, etc. These provisions cover all forms of sexual abuse and exploitation of children irrespective of gender or sexual orientation.

Therefore, the allegations that decriminalisation of LGBT people will expose children to abuse with no legal recourse is malicious, unfounded and a lie. It recycles the unfounded myth that LGBT people are child predators, despite statistics showing that the overwhelming majority of child sexual abuse is committed by heterosexual men. 

“Baseless, false and fictitious” myths of HIV/AIDS

The Family Planning Association has argued that Jehan Hameed and Shenali Waduge’s attempt to create a “nexus between decriminalization of homosexuality, and HIV/STI is unscientific, baseless, false, and fictitious.”

The Intervening-Petitioners state that, “using HIV/AIDS to fearmonger people against homosexuality is an old, and outdated propaganda technique”.

Several of the intervening-petitioners, including the Family Planning Association have argued that “punitive laws have been shown to block HIV service access and increase HIV risk. Countries such as Sri Lanka, that criminalize key populations saw less progress towards HIV testing and treatment targets.” They further argued that “decriminalization is a critical element to end AIDS by 2030.”

The intervening-petitioners also informed the Court that the National HIV/STI Strategic Plan for Sri Lanka as prepared by the Ministry of Health’s STD/AIDS Control Programme support decriminalisation of homosexuality and LGBT people by stating that “…the two Penal codes criminalize same sex relations and create a barrier to MSM  [men who have sex with men] and TG [transgender persons] accessing HIV/STI services. In order to prevent HIV among these groups it will be important to advocate for revisiting laws that impede service uptake…”

Several religious leaders support the LGBT community

The intervening petitions also highlight that several Buddhist and Christian leaders have expressed their support for the LGBT community and their rights. Recently, Pope Francis made a statement that laws that criminalise LGBT people are a sin and that countries must repeal laws that criminalise LGBT people. 

SLPP political activists Jehan Hameed, journalist Shenali Waduge and former Brigadier Athula De Silva, filed a petition in the Supreme Court challenging the Constitutionality of the Penal Code (Amendment) Bill. The Bill, proposed by MP Premnath Dolawatte, aims to amend and repeal parts of Sections 365 and 365A of the Penal Code. These laws have been overwhelmingly used to criminalise the lives of LGBT people, including subjecting them to forced anal and vaginal examinations by the State. 

The Ministry of Health in Sri Lanka has announced that the issue of medicine shortages in the country is gradually easing. According to Dr. Saman Rathnayake, the Additional Secretary, there were over 170 types of medicines in short supply in the country about a month ago. However, the number of drugs in shortage has reduced to less than 100 as of now.

Dr. Rathnayake also revealed that provisions have been made to purchase 60 types of drugs that are currently in short supply in hospitals.

The shortage of medicines has been a major concern in Sri Lanka, with reports of patients struggling to access essential drugs. The Ministry of Health has been working to address the issue, including through increased imports of medicines and efforts to increase local production.

While there is still progress to be made, the recent developments offer hope that the situation is improving for patients in need of medical treatment.

A Sri Lankan national returning from India has been arrested at the Bandaranaike International Airport (BIA) in Katunayake for possession of a significant amount of narcotic pills. The arrest was made on Tuesday (April 18) following a tip-off received by the Police Narcotic Bureau’s sub-unit stationed at the airport.

According to the police, the suspect had 60,460 narcotic pills weighing up to 34kg, which had been hidden inside hair dye packets. The 40-year-old, a resident of Rajawella area in Digana, was taken into custody after the police found the contraband during a search of his luggage at the airport’s arrival terminal.

The suspect was produced before the Negombo Magistrate’s Court on Tuesday, and the police have obtained a seven-day detention order to interrogate him further. The Police Narcotics Bureau is conducting an investigation into the incident.

This latest arrest highlights the continuing battle against drug trafficking in Sri Lanka. Authorities are working to curb the flow of narcotics into the country, and this latest incident is a testament to their efforts.

Separate operations conducted by the Navy in the sea areas of Mamunai and Chundikulam, Jaffna on 16th and 17th April 2023 led to the apprehension of 12 persons engaged in illegal night diving and light-coarse fishing. During the operations, the Navy also seized 03 dinghies and unauthorized fishing gear used for these illegal acts.

The Navy conducts regular operations in the coastal and sea areas of the island in order to suppress illegal fishing activities performed by people with scant regard towards responsible fishing practices. As an extension of these efforts, the Naval Detachment Mamunai belonging to the Veththalakerni Naval Deployment in the Northern Naval Command deployed naval craft and conducted a special operation off Mamunai on 16th April. The operation led to the apprehension of 04 persons engaged in illegal diving activities to catch fish and seizure of 01 dinghy and unauthorized fishing gear.

Meanwhile, a group of Navy Marines attached to Naval Detachment Chundikulam of the Naval Deployment Veththalakerni also carried out a special operation off Chundikulam on 17th April. During the operation, naval personnel nabbed 08 persons along with 02 dinghies and fishing gear for practising light-coarse fishing in the sea area .

The persons apprehended in these operations are residents of Mannar, Thalayadi, Puulayarkoilady, Pudukuduirippu and Anandapuram, who are from 28 to 59 years of age. The suspects along with their fishing equipment and dinghies were handed over to the Department of Fisheries and Aquatic Resources in Jaffna for onward legal action.

 SLNavy