The main Parliamentary Opposition, the Samagi Jana Balawegaya (SJB), yesterday (24) condemned the use of the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 as amended (PTA) to detain peaceful protestors, including Inter-University Students’ Federation (IUSF) Convenor Wasantha Mudalige.
“Is it necessary to arrest peaceful protestors? We are completely against using the PTA for this. The PTA should not be used against peaceful protestors, including against Mudalige,” SJB MP Eran Wickramaratne questioned at a media briefing held yesterday (24).
Commenting on the violence unleashed by pro-Government supporters on 9 May, Wickramaratne questioned as to why those who addressed the pro-Government supporters at the Temple Trees, moments before they attacked the “GotaGoGama” protest site at the Galle Face Green, are not being arrested.
“Shouldn’t they be arrested too?”, he questioned.
Meanwhile, the Centre for Policy Alternatives (CPA), in a statement issued in this regard yesterday, raised concerns about President Ranil Wickremesinghe’s decision to issue detention orders for Mudalige, Kelaniya University student activist Hashan Jeewantha, and the Inter-University Bhikkhu Federation (IUBF) Convenor Galwewa Siridhamma Thera for a period of 90 days.
“This move to detain the three suspects for their alleged involvement in the recent protests is yet another example of the abuse of the PTA by the Executive, regarding which there have been persistent calls for the repeal of, for several decades. Moreover, this detention for the apparent involvement in the ‘aragalaya’ (struggle) appears to be yet another effort by the United National Party-Sri Lanka Podujana Peramuna (SLPP) Government to target protestors, and create a chilling effect in order to silence dissent,” said the CPA.
Further, the CPA noted that in 2017, when President Wickremesinghe was the Prime Minister, the Government announced a moratorium on arrests under the PTA.
“The then-Prime Minister also acknowledged that ‘the State is mindful of the need to ensure that counter terrorism legislation is not abused in a manner that would impair the lawful exercise of Fundamental Rights, which would be contrary to the principles of democracy and good governance, and would defeat the purposes of justice’ as a policy statement when presenting the proposed Counter Terrorism Bill which was never passed. Such a statement is contrary to how the PTA is now being used, including the most recent moves to target protesters and prevent dissent,” the statement continued.
Cabinet Spokesman Dr. Bandula Gunawardana said this week that the Government hopes to bring in the “National Security Act” to replace the PTA.
Responding to this, SLPP Chairman Prof. G.L. Peiris questioned whether the present Minister of Justice, Prisons Affairs and Constitutional Reforms Dr. Wijeyadasa Rajapakshe PC is aware that a great deal of work has already been done in this regard.
“The Cabinet of Ministers previously appointed two committees, including the senior officials’ committee, which consisted of officials from the highest levels from the Ministries of Defence, Foreign Affairs and Justice, the Attorney General’s Department, and the Police. A great deal of dedication went into that work for about four months, after which they produced an insightful report.
“Why is it necessary to reinvent the wheel, if this is a sincere exercise, when you can draw upon the material that is in that report? The urgent Amendments were enacted in the Parliament earlier this year. In stage two, it was decided to undertake a comprehensive review using the said report. That exercise was underway when the Government fell,” said Prof. Peiris.
Earlier this year, the PTA (Amendment) Bill was passed in the Parliament. However, the Opposition and many civil and human rights activists said that the said Amendments were just an attempt to “pull wool over the eyes of the people”, as they provided no proper change to the draconian anti-terror law in the country.
“The Government gave a categorical assurance to the international review, that pending the entire review of the PTA and the introduction of a fresh piece of legislation, the PTA, in its existing form, will not be applied, with the full blessings of the then President Gotabaya Rajapaksa. We are now using these draconian provisions against those who participated in public protests.
“At the same time, the Central Bank of Sri Lanka (CBSL) has said that they are confident of getting funds from the International Monetary Fund (IMF) by the end of the year. Meanwhile, other things have happened which are not helpful in the discussions with the IMF,” said Prof. Peiris.
He explained that Special Rapporteurs from the United Nations and international organisations have raised concerns about the human rights situation in Sri Lanka and questioned whether that is helpful or detrimental to the country’s access to financial support expected from the IMF and other institutions.