Media Releases

The swearing in of the new cabinet of ministers by the new president took place in the midst of chaos earlier in the day. Shortly past midnight the protest site that was instrumental in forcing a change of government and was peaceful at the dead of night was forcefully cleared by the military and police perhaps for that event. By this action the new government has risked alienating itself from significant sections of the local and international communities. The past 104 days in which the protest site was in existence saw tens of thousands of people visit it from all parts of the country and all walks of life to demonstrate their solidarity and take part in direct protest as and when they felt it warranted.

The focus of attention at the present time is the presidential election to take place in parliament following the confirmed resignation from office of President Gotabaya Rajapaksa. This election is not a routine process but is an outcome of an unprecedented public uprising known as the Aragalaya which forced the resignations of the president, prime minister and cabinet of ministers and effectively nullified the electoral mandates obtained by them three years ago. After all it is the power of the people that is vested to the government by the constitution (Article 4).

The occupation of President's House by the Aragalaya (people’s movement) and further occupation of other state buildings used by the President and Prime Minister has been followed by the fleeing abroad of President Gotabaya Rajapaksa early this morning. The occupation of the Prime Minister’s official residence and the Sri Lanka Rupavahini Corporation, and the attempt to reach the parliamentary complex highlight the continuing crisis in Sri Lanka and the loss of faith in existing political institutions. Unfortunately, we have often witnessed near violent behavior of many of our legislators in recent months which eroded the faith in democratic institutions.

The economic crisis in the country continues to worsen with queues lengthening, prices rising and essentials unavailable. The general expectation after the rise of the Aragalaya protest movement was that a small and interim all-party government would be formed to specifically deal with the economic crisis, stabilize the economy and to conduct fresh elections. But this has not materialized. Governance is the essential element of the state, and good governance is not merely the exercise of power but the safeguard of the rights of each individual and the welfare of all.

The people are undergoing unprecedented hardships at the current time. There is a disjuncture between what government leaders have been saying and what is materializing. Assurances are being made that shiploads of fuel have been unloaded. However, many service stations remain closed and those open have lines stretching for kilometers even overnight. The small 15-member interim government drawn from all parties that was promised by President Gotabaya Rajapaksa to resolve the present crisis was not appointed. Now the government appears to be heading towards a large sized one dominated by the ruling party with a full complement of ministers and state ministers.

Sri Lanka has a new prime minister but there is controversy over the choice. There is criticism that President Gotabaya Rajapaksa continues to use his presidential powers in an arbitrary manner in a continuation of practices that have led to the present crisis. In facing the unprecedented economic and political crisis that grips the country, and widespread public protests, President Rajapaksa pledged to set up an interim government in consultation with party leaders in parliament. However, he did not do so but appointed UNP leader Ranil Wickremesinghe as Prime Minister much to the consternation of all opposition political parties and thereby ended efforts of other parliamentarians to form a national unity government.

The government’s decision to temporarily default on sovereign debt repayments, akin to a declaration of bankruptcy, will deal another major blow to the country’s economy and credibility. It comes at a time when mass protests are spontaneously taking place in all parts of the country on account of the economic hardships that the people are being put through. The resignation of the cabinet nearly two weeks ago and the failure to appoint a new one is indicative of government paralysis which is injurious to the country.

The declaration of a state of emergency by the president in the context of the ongoing public protests against the government cannot be the answer to the ongoing campaign of public protests against the government. These are a culmination of over many months of extreme economic hardship that have resulted in power cuts of up to 13 hours per day, steep increases in prices of essential commodities and shortages that have resulted in long queues on the roads.

Sharp increases in prices of basic commodities, accompanied by shortages, have severely impacted upon the standard of living of the general population and even prompted the government to call out the army to maintain social peace where queues have formed, as at petrol stations. The All Party Conference (APC) presided over by President Gotabaya Rajapaksa has taken place in this context of an unprecedented economic crisis in the country.

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.

Freedom of speech and expression is a constitutionally protected right. The Foreign Ministry statement contradicting the views expressed by the Chairperson of the Neelan Tiruchelvam Trust, Ambika Satkunanathan, brings up issues of the limits of legitimate public criticism of government policies and actions. We do not agree with its content and tone or with the personal targeting of Ms Sathkunananthan.

FURTHER AMENDMENT OR REPEAL OF PTA IS NECESSARY

The Prevention of Terrorism Act was introduced to the Sri Lankan legal system as a temporary law to deal with a growing armed insurrection. The PTA is being amended today in a time of peace and circumstances very different from when it was first introduced.

The government is commencing a major reconciliation drive in the north of the country this week with the launch of its “Adhikaranabhimani” programme. According to the Ministry of Justice which is coordinating this work it is meant to “ameliorated access to justice for people of the Northern Province.” Several government institutions including those set up under the reconciliation process of the previous government will be conducting two-day mobile clinics. The participating institutions include the Legal Aid Commission, Office for National Unity and Reconciliation, Office for Reparations, Office on Missing Persons, Department of Debt Conciliation Board and the Vocational Training Authority to mention some of them.

The importance of strengthening independent institutions has been borne out by recent judgements of the superior courts. In a landmark judgement delivered last week, the Supreme Court ruled in favor of protecting the interests of wild animals over those who had illegitimately obtained them. The court quoting Lord Denning in an English case stated with approval that “It is settled in our constitutional law that in matters that concern the public at large the Attorney General is the guardian of the public interest. Although he is a member of the government of the day, it is his duty to represent the public interest with complete objectivity and detachment. He must act independently of any external pressure for whatever quarter it may come.” The need for such independence was highlighted in yet another case last week when former Governor Azath Salley was released by the High Court, after spending 8 months in remand prison and all charges against him by the Attorney General were dismissed as they lacked merit.

The principle of one law, one country is upheld by the constitution of the country, which however makes an exception for personal laws. The government has announced its intention to amend the Muslim Marriage and Divorce Act. This has given rise to the perception that the recently appointed Presidential Task Force and its mandate for one country one law is in pursuit of reform of personal laws and is actually a targeting of the minorities. However, the concept of one country one law is more profound and means that the country’s laws are applicable to each and every individual with equal force regardless of rank or position, ethnicity or religion.

The statements of President Gotabaya Rajapaksa at the UN General Assembly and more recently at the 72 anniversary of the Sri Lanka Army have indicated that the government is contemplating important policy changes. These have included references to the need to “address the issues that gave rise to terrorism” in the country. At the army anniversary the president also pledged to bring in a new constitution within the next year.