President Gotabaya Rajapaksa has issued a directive that the police should not use the Prevention of Terrorism Act as a shortcut to dispense with investigations under the criminal procedures code and to use it only if there are clear links to terrorism.  This presidential directive comes at a time when the government’s proposed amendments to the PTA have been criticized as being inadequate by UN Human Rights Commissioner Michelle Bachelet in her report on Sri Lanka, by international human rights organisations and challenged in the Supreme Court by national organisations. 

Excerpts of the UN Human Rights Commissioner Michelle Bachelet’s report on Sri Lanka on a wide range of issues relating to human rights have been highlighted in the media and are a matter for concern. We call on the government to focus on protecting the human rights of citizens, meeting the expectations of the international community and securing the GSP Plus tariff concession. We believe that this reform of the law can be a part of the structural transformation in the country essential to sustainable peace and reconciliation in Sri Lanka. 

NPC notes the statement of the Human Rights Commission calling for the repeal of the PTA and that the offence of terrorism should be included in the Penal Code with a new definition for terrorism. We urge the government to provide a clear definition of the term “terrorism” in any future legislation which will prevent it from being used to arrest people for a wide variety of reasons, and also to make every arrest subject to judicial ratification.  The inclusion of the president’s directive to the preamble to the anti-terrorism legislation will serve to further strengthen the power of the judiciary to scrutinise police arrests under it and help put brakes on the prevailing culture of impunity.

National Peace Council of Sri Lanka

Foreign Minister Prof. G.L. Peiris addressed the Diplomatic Corps based in New Delhi virtually on 18 February, 2022. The objective of this briefing was to share information on progress related to human rights and reconciliation as part of the continued engagement ahead of the upcoming 49^th Session of the Human Rights Council, which will commence in the last week of February.

Foreign Minister Peiris appreciated the opportunity to brief Heads of Mission accredited to Sri Lanka based in New Delhi as a continuation of the briefings organized by the Ministry to share current developments. 83 envoys participated in the briefing.

The Minister recalled that at the September 2021 Session of the Human Rights Council he had reiterated Sri Lanka’s commitment to the promotion and protection of Human Rights and to remain engaged with the United Nations including the Human Rights Council. In this context, the Minister referred to the constructive engagement with the international community in a spirit of cooperation and dialogue.

Foreign Minister Peiris said the Government of Sri Lanka has undertaken substantial steps with a view to accountability, restorative justice and meaningful reconciliation which were efforts due to the work of domestic institutions namely the Office for Reparations (OR), Office for National Unity and Reconciliation (ONUR), Office of Missing Persons (OMP), the Human Rights Commission of Sri Lanka (HRCSL) and the Sustainable Development Council (SDC).

The Minister was particularly pleased to inform that after 43 years, the Prevention of Terrorism Act is being amended with the objective of bringing it in line with international norms and best practices. The Minister explained that the PTA is being amended after lengthy deliberations over several months and underlined that the proposed amendments are an initial step towards the promulgation of a more comprehensive anti terror legislation.

He added that substantive amendments to the PTA include amendments to the sections on detention orders, restriction orders, expressly recognizing judicial review of orders, expeditious disposal of cases of those charged to avoid long term detention, repealing sections impinging on freedom of expression and introduction of provisions on access by magistrates and judicial medical officers, prevention of maltreatment and torture during the detention period, right to communicate with the family, grant of bail to long term detainees and day to day hearing of cases.

Foreign Minister Peiris also referred to the accountability process which is being addressed through the Commission of Inquiry (COI) headed by Supreme Court Justice Nawaz and informed that while the recommendations in the First Interim Report had been  implemented that the Second Interim Report had also been handed over to the President.

The Foreign Minister also referred to the 9 member Expert Committee appointed by the President to make proposals pertaining to drafting a new Constitution. The Minister stated that the Expert Committee has completed their preliminary consultations and that the proposals will be submitted to the President shortly. He said that thereafter broader public consultations based on a democratic process will follow.

The Foreign Minister responded to questions and appreciated the constructive engagement with the New Delhi based envoys and looked forward to continued cooperation at the UN Human Rights Council and other multilateral fora.

Foreign Ministry

Colombo 

22 February, 2022