10 United Nations Special Rapporteurs have written an official letter to President Ranil Wickremesinghe regarding the proposed Anti-Terrorism Bill and Rehabilitation Bill in Sri Lanka. The letter highlights their concerns regarding the potential impact of these bills on human rights and fundamental freedoms.
The Special Rapporteurs have raised several issues concerning the recently proposed ATA, published on March 17th, 2023. The ATA represents the latest development of the Sri Lankan Government’s legislative amendments in response to the challenges posed by the Prevention of Terrorism Act of 1979 (PTA) and the Rehabilitation Bill passed by the Sri Lankan Parliament on January 18th, 2023.
The Special Rapporteurs have called on the Sri Lankan government to employ definitions of terrorism that comply with international norms and to ensure precision and legal certainty, especially when this legislation may impact the rights of freedom of expression, opinion, association, and religion or belief.
The letter also calls for provisions and measures to prevent and prohibit arbitrary deprivation of liberty, the enforcement of measures to prevent torture and enforced disappearance, and adherence to non-derogable prohibitions. Additionally, overarching due process and fair trial guarantees are called for.
The letter was signed by the following Special Rapporteurs: Fionnuala Ní Aoláin, Mathew Gillett, Aua Baldé, Irene Khan, Clement Nyaletsossi Voule, Mary Lawlor, Margaret Satterthwaite, Fernand de Varennes, Nazila Ghanea, and Alice Jill Edwards.
It is important to note that the revisions to the draft Rehabilitation Bill following a decision of the Supreme Court would not adhere in certain regards to fundamental rights enshrined in the Constitution and would place many of its provisions in direct contradiction with the international human rights law obligations of the Sri Lankan Government.