The National Peace Council welcomes the government’s decision to allow a two month period of public consultation on the proposed Protection of the State from Terrorism Act, intended to replace the Prevention of Terrorism Act. Given Sri Lanka’s long and painful experience with national security legislation, this consultation period will provide a valuable opportunity to prevent the repetition of past mistakes. Meaningful public engagement prior to the enactment of a new anti-terrorism law is essential if the promise of system change is to be realised and if Sri Lanka is to avoid entrenching yet another draconian law whose consequences may be felt for decades to come.
When in opposition and in their election manifesto, the JVP and NPP pledged to repeal repressive laws such as the PTA, citing its repeated misuse against ethnic and religious minorities, political activists and journalists. The continued application of the PTA, where individuals have been detained for prolonged periods even for non-terrorism related reasons, such as in the Eastern Province in Valachchenai over alleged forest land encroachment demonstrates how easily exceptional powers are extended to ordinary disputes.
A preliminary review of the draft PSTA indicates that it retains core features of the PTA that have enabled serious abuse over decades. These include provisions permitting detention for up to two years without a person being charged before a court of law. In addition, the broad definition of terrorism under the draft law allows acts of dissent and civil disobedience to be labelled as terrorism, thereby permitting disproportionate and excessive responses by the state. Such provisions replicate the logic of the PTA rather than mark a clear break from it.
The PTA itself was enacted as a temporary law, intended to operate for only six months, yet it has remained in force for forty six years. This history shows how difficult it is to remove national security laws once they are enacted. For this reason, special care needs to be taken with regard to the new law on two counts. The first is the observation that power corrupts. The second is that laws must protect citizens from future governments, not only the current one. Institutions and laws are designed to endure beyond the lifespan of any one government and need to safeguard the public interest when political circumstances change.
The two month consultation period on the PSTA therefore carries special responsibility. The National Peace Council urges civil society organisations, the legal community and in particular the Bar Association of Sri Lanka to study the draft law carefully, to draw on Sri Lanka’s experience and international standards, and to place their considered views before the government to incorporate in a well balanced law. These would include provisions for speedy judicial actions to release those improperly and unfairly arrested under its provisions and compensation to those who are discharged without legal action after many months or years.
Governing Council
The National Peace Council is an independent and non partisan organization that works towards a negotiated political solution to the ethnic conflict in Sri Lanka. It has a vision of a peaceful and prosperous Sri Lanka in which the freedom, human rights and democratic rights of all the communities are respected. The policy of the National Peace Council is determined by its Governing Council of 20 members who are drawn from diverse walks of life and belong to all the main ethnic and religious communities in the country.