Features
Anti-Terrorism Bill aimed at creating fascist dictatorship – III
By Kalyananda Tiranagama
(Continued from yesterday)
Declaration of Prohibited Places
On a recommendation made by the IGP, the President may publish a Gazette notification declaring any public place or any other location as a Prohibited Place, for the purposes of this Act. Prohibitions imposed may include entry without permission, taking photographs, video recording and making sketches of the place. – S. 85,
Wilful contravention of a Prohibition Order by entering or remaining in a prohibited place is an offence punishable with imprisonment for a period not exceeding 3 years and fine not exceeding Rs. 300,000.Any police officer may seize any movable property used for or concerned in committing any offence under this section. On conviction of the offender the Magistrate may confiscate such property. – S. 86
Defence Secretary armed with arbitrary power overriding the Judiciary to detain suspects till the conclusion of the trial
A new provision which was not in the PTA or in the CTB, has been added to the ATB giving arbitrary powers to the Secretary of the Ministry of Defence enabling him to order detention of terrorist suspects belonging certain selected categories facing High Court trials till the conclusion of the trial. It appears to be a provision added with a view to achieve a political objective rather than a legal requirements.It is not the Law, AG or the Judiciary that decides whether a suspect is to be kept in detention till the conclusion of the Trial, but the Defence Secretary.
Notwithstanding any other provision of this Act or any other law, the Secretary of the Ministry of Defence may, if he is of opinion that it is necessary or expedient to do so in the interest of national security and public order, make Order that an accused remanded by the High Court, be kept in the custody of any authority in such place and subject to such conditions as may be determined by him; his Order is only subjected to directions given by the High Court to ensure a fair trial; On the communication of his Order to the High Court and the Commissioner General of Prisons, it is the duty of the Commissioner General to deliver the custody of such person to the authority specified in such Order and the provisions in the Prisons Ordinance shall not apply to such person in custody. – S. 73
PTA did not contain this type of arbitrary, draconian provisions overriding the law, powers of the Court and the AG in respect of suspects indicted before the High Court.
Silencing Critics of Govt by Penalising them through Administrative Process without being charged in or convicted by a Court of LawUnder the PTA, the Attorney General has no option but to indict a person who has committed an offence under the PTA if evidence is available showing the commission of the offence.
Under ATB, the Attorney General can suspend or differ the institution of proceedings against a person alleged to have committed an offence under the Act for a period not exceeding 20 years if the suspect is agreeable to fulfil conditions laid down by the AG. – S. 71
It appears that this a ruse to be adopted to silence the persons engaging in struggles, agitations and campaigns against the Govt by compelling them to admit in public that they have done something that should not have been done and subjecting them to public humiliation and preventing them from participation in any future anti-govt political activities under the threat of being prosecuted years later with offences punishable with long term jail sentences running into 10 – 15 years if they fail to comply with the conditions imposed by the AG.
On application of the AG, High Court shall order the person alleged to have committed the offence to appear before Court, notify such person of the conditions imposed and provide him an opportunity to be heard and consent to the conditions imposed;
If such person fulfils the conditions imposed during the period given for fulfilling such conditions, the AG shall not institute criminal proceedings against the person alleged to have committed the offence. If the person fails to comply with the conditions without a valid excuse, AG may institute criminal proceedings against such person after the lapse of the period given to fulfil the conditions.
Conditions for suspension or deferment of institution of criminal proceedings
The following are the Conditions for consideration of suspension or deferment of institution of criminal proceedings against a suspect:
a. to publicly express remorse or apology before the High Court, using a text issued by the AG:
* In effect this will amount to pleading guilty, though the suspect is not yet charged;
b. paying reparation to the victims of the offence, as specified by the AG;
* This may not be applicable as in most of the cases, there will be no victims:
c. to participate in a specified program of rehabilitation;
d. to engage in specified community or social service;
* This will have a demoralising or humiliating effect on the suspects as most of them will be leading personal in trade unions, professional associations or social organizations when they are sent to a rehabilitation facility with other undesirable elements like drug offenders, or beggars; or required to engage in community or social service work like sweeping roads or cleaning public parks or other public places for 3 – 6 weeks;
e. to publicly undertake to refrain from committing an offence under the Act;
f. to refrain from committing any indictable offence, or act of breach of peace.
* Though breach of peace is not an indictable offence, every public protest, demonstration, agitational campaign with the participation of large group of people may result in acts of breach of peace.
* AG may impose a condition requiring the suspect to give an undertaking to refrain from committing an offence under the Act or any act involving breach of peace for 20 years, He may remain a virtual prisoner for life being unable to participate in any public protest campaign. This will operate like a binding order imposed by a Court of law on a criminal convicted of and sentenced for a criminal offence.
* This may result in subjecting the suspect to long time mental torture as he has to live in constant fear that he may be indicted under this Act any within that period of 20 years for the offence he is alleged to have committed punishable with long term jail sentence of 15 – 20 years.
* This Provision will have a deterrent effect on all social activists concerned with the welfare of the country and the people preventing them from participation in social struggles.
Violation of Fundamental Rights
Other than a few additions made further strengthening the existing provisions, the Anti-Terrorism Bill has reintroduced almost all the provisions in the Counter Terrorism Bill which appear to have the effect of curtailing fundamental rights of the people guaranteed by the Constitution.
Freedom of speech and expression, freedom of peaceful assembly, freedom of association, freedom of engaging in trade union activities, freedom of movement within the country – are fundamental rights of the people guaranteed by Article 14 of the Constitution. In several fundamental rights cases our Supreme Court has held that people exercise their fundamental right of freedom of expression when they exercise their franchise at elections. At a time when elections are continuously being postponed, public protest against the harmful policies of the government is the only alternative avenue left to the people to express their disapproval in an effective manner.
Every organ of Government including the Judiciary is bound to respect, secure and advance the fundamental rights of the people. Fundamental Rights should not be abridged, restricted or denied except in the manner and to the extent provided in Article 15 of the Constitution. Many of the provisions in these Bills may inevitably result in the restriction, denial and infringement of fundamental rights of the people guaranteed by Articles 11, 12 (1), 13 and 14 (1) (a), (b), (c), (d) and (h) of the Constitution in their enforcement without adequate safeguards.
Most of the objectionable provisions in the Counter Terrorism Bill are found
in Sections 3 (1) (a), (b), (c); 3 (2) (c), (d) (f), (h); 4 (1) (c); 14; 62 and 67 of the Bill. Several of these provisions are liable to be abused without any safeguards to prevent such abuse, resulting in the violation the fundamental right to equality before the law and equal protection of the law, guaranteed by Article 12 (1) of the Constitution.
SC Determination on the Counter Terrorism Bill
Seven Determination Applications have been filed in the Supreme Court in respect of the Counter Terrorism Bill. Six of the Applications appear to have been filed by or on behalf of persons or groups seeking to review the PTA with a view to getting its provisions more relaxed and acceptable to NGO groups sympathetic to religious and racial extremists. Only one application has been filed by an opposition political party concerned with protecting people’s rights. It is sad to note that the Joint Opposition or Sri Lanka Podu Jana Peramuna, BASL or any other professional organizations concerned with erosion of human and democratic rights of the people have failed to come forward to challenge this objectionable Bill.
It appears from the Supreme Court decision on the Bill that the Court has not been invited to examine the objectionable provisions contained in Sections 3 (1) (a), (b), (c); 3 (2) (c), (d) (f), (h); 4 (1) (c); 14; 62 and 67 of the Bill.
In its Judgement running into 12 pages (in the Hansard), in 11 pages the Court has examined various other points raised by Counsels concerned with rights of terrorists arrested such as Sections 2 dealing with jurisdiction under the Act; S. 4 (1) (a), (b) – imposing life imprisonment instead of death penalty for murder; S. 5 – imposing jail sentence of 15 years instead of death penalty for abetment of murder; S. 24 (1), 27 (1) – dealing with period of police custody and medical examination of suspects arrested; S. 36 (6), 39 dealing with Magistrate’s power to remand or release a suspect; S. 68 (5) – dealing with Magistrate’s power to remand a suspect declining to make a statement to the Magistrate, and S. 93 (3) defining the term ‘law’ to include international instruments which recognize human rights and to which Sri Lanka is a signatory.
Without much elaboration, regarding S. 62 (1) and 81 (1) of the Bill the Court has held that under Article 15 (7) of the Constitution the Parliament can enact legislation in the interest of national security, placing restrictions on the exercise of fundamental rights guaranteed by Article 14 of the Constitution and enacting such legislation cannot violate the fundamental rights.
It is sad to note that the Court’s attention has not been adequately drawn to the serious impact of Sections 3 (1) (a), (b), (c); 3 (2) (c), (d) (f), (h); 4 (1) (c); 14; 62 and 67 of the Bill on the fundamental rights of the people on various grounds which have nothing to do with national security or terrorism.
The Court has held that other than S. 4 (a) and (b), 68 (5) and 93 (3), the Bill can be passed with a simple majority.
S, 4 (a) and (b) of the Bill – the penalty for murder and abetment to commit murder is life imprisonment. In the Penal Code, penalty for murder is death penalty. This violates Article 12 (1).
S. 68 (5) – When a suspect declines to make a statement to the Magistrate, such fact shall be communicated by the Magistrate to the relevant Police Officer and the suspect shall be kept in remand custody. This violates Article 12 (1).
S. 99 (3) – For the purpose of this section the expression ‘law’ includes international instruments which recognize human rights and to which Sri Lanka is a signatory. This is inconsistent with Articles 3 and 4 of the Constitution. AG had suggested certain amendments to overcome these inconsistencies.
Features
The Easter investigation must not become ethno-religious politics
Representatives of almost all the main opposition parties were in attendance at the recent book launch by Pivithuru Hela Urumaya leader Udaya Gammanpila. The book written by the PHU leader was his analysis of the Easter bombing of April 2019 that led to the mass killing of 279 persons, caused injuries to more than 500 others and caused panic and shock in the entire country. The Easter bombing was inexplicable for a number of reasons. First, it was perpetrated by suicide bombers who were Sri Lankan Muslims, a community not known for this practice. They targeted Christian churches in particular, which led to the largest number of casualties. The bombing of Sri Lankan Christian churches by Sri Lankan Muslims was also inexplicable in a country that had no history of any serious violence between the two religions.
There were two further inexplicable features of the bombing. The six suicide bombings took place almost simultaneously in different parts of the country. The logistical complexity of this operation exceeded any previously seen in Sri Lanka. Even during the three decade long civil war that pitted the Sri Lankan military against the LTTE, which had earned international notoriety for suicide attacks, Sri Lanka had rarely witnessed such a synchronised operation. The country’s former Attorney General, Dappula de Livera, who investigated the bombing at the time it took place, later stated, upon retirement, that there was a “grand conspiracy” behind the bombings. That phrase has remained central to public debate because it suggested that the visible perpetrators may not have been the only planners behind the attack.
The other inexplicable factor was that intelligence services based in India repeatedly warned their Sri Lankan counterparts that the bombings would take place and even gave specific targets. Later investigations confirmed that warnings were transmitted days before the attacks and repeated again shortly before the explosions, yet they were not acted upon. It was these several inexplicable factors that gave rise to the surmise of a mastermind behind the students and religious fanatics led by the extremist preacher Zahran Hashim from the east of the country, who also blew himself up in the attacks. Even at the time of the bombing there was doubt that such a complex and synchronised operation could have been planned and executed by the motley band who comprised the suicide bombers.
Determined Attempt
The book by PHU leader Gammanpila is a determined attempt to make explicable the inexplicable by marshalling logic and evidence that this complex and synchronised operation was planned and executed by Zahran himself. This is a possible line of argumentation in a democratic society. Competing interpretations of public tragedies are part of political discourse. However, the timing of the intervention makes it politically more significant. The launch of the PHU leader’s book comes at a critical time when the protracted investigation into the Easter bombing appears to be moving forward under the present government.
The performance of the three previous governments at investigating the bombing was desultory at best. The Supreme Court held former President Maithripala Sirisena and several senior officials responsible for failing to act on prior intelligence and ordered compensation to victims. This judicial finding gave legal recognition to what victims had long maintained, that there was a grave dereliction of duty at the highest levels of the state. In recent weeks the investigation has taken a dramatic turn with the arrest and court production of former State Intelligence Service chief Suresh Sallay on allegations linked directly to the attacks. Whether these allegations are ultimately proven or disproven, they indicate that the present phase of the investigation is moving beyond negligence into possible complicity.
This is why the present moment requires political sobriety. There is a danger that the line of political division regarding the investigation into the Easter bombing can take on an ethnic complexion. The insistence that the suicide bombers alone were the planners and executors of the dastardly crime makes the focus invariably one of Muslim extremism, as the suicide bombers were all Muslims. This may unintentionally narrow public attention away from the unanswered questions regarding intelligence failures, possible political manipulation, and the allegations of a broader conspiracy that remain under active investigation. The minority political parties representing ethnic and religious minorities appear to have realised this danger. Their absence from the book launch was politically significant. It suggests an unwillingness to be drawn into a narrative that could once again stigmatise an entire community for the crimes of a handful of extremists and their possible handlers.
Another Tragedy
It would be another tragedy comparable in political consequence to the havoc wreaked by the Easter bombing if moderate mainstream political parties, such as the SJB to which the Leader of the Opposition belongs, were to subscribe to positions merely to score political points against the present government. They need to guard against the promotion of anti-minority sentiment and the fuelling of majority prejudice against ethnic and religious minorities. Indeed, opposition leader Sajith Premadasa in his Easter message said that justice for the victims of the 2019 Sri Lanka Easter Sunday attacks remains a fundamental responsibility of the state and noted that seven years on, both past and present governments have failed to deliver accountability. He added that building a society grounded in trust and peace, uniting all ethnicities, religions and communities, is vital to ensure such tragedies do not occur again.
Sri Lanka’s post war history offers too many examples of how unresolved security crises become vehicles for majoritarian mobilisation. The Easter tragedy itself was followed by waves of anti-Muslim suspicion and violence in some parts of the country. Responsible political leadership should seek to prevent any return to that atmosphere. There are many other legitimate issues on which the moderate and mainstream opposition parties can take the government to task. These include the lack of decisive action against government members accused of corruption, the passing of the entire burden of rising fuel prices on consumers instead of the government sharing the burden, and the failure to hold provincial council elections within the promised timeframe. These are issues that touch the daily lives of citizens and the health of democratic governance. They offer the opposition ample ground on which to build credibility as a government in waiting.
The search for truth and justice over the Easter bombing needs to continue until all those responsible are identified, whether they were direct perpetrators, negligent officials, or political actors who may have exploited the tragedy. This is what the victim families want and the country needs. But this search must not be turned into a partisan and religiously divisive matter such as by claiming that there are more potential suicide bombers lurking in the country who had been followers of Zaharan. If it is, Sri Lanka risks replacing one national tragedy with another. coming together to discredit the ongoing investigations into the Easter bombing of 2019 is an unacceptable use of ethno-religious nationalism to politically challenge the government. The opposition needs to find legitimate issues on which to challenge the government if they are to gain the respect and support of the general public and not their opprobrium.
by Jehan Perera
Features
China’s new duty-free regime for Africa: Implications for Global Trade and Sri Lanka
* The new duty-free regime for Africa, announced by Chinese President Xi Jinping in February, is the most generous unilateral nonreciprocal trade concession offered by any country to developing countries since the beginning of the modern rule based international trading system.
* Yet, it is a clear violation of the cornerstone of the multilateral trade law, the Most-Favoured-Nation (MFN) principle.
* Hence, its implications on developing countries, without duty-free access to China, will be extremely negative. Sri Lanka is one of the few developing countries without duty-free access to China.
On 14 February, 2026, Chinese President Xi Jinping announced that China will grant zero-tariff treatment to 53 African nations, effective 01 May, 2026. Under this new unilateral policy initiative, China would eliminate all import tariffs on all goods imported from all the countries in Africa, except Eswatini. China already enforces a zero-tariff policy for 33 Least Developed Countries (LDCs) in Africa. Now this policy would be extended to non LDCs as well. This policy initiative clearly aims at reducing the continuously expanding trade deficit between China and Africa. In 2024, China’s trade surplus against Africa was recorded at US $ 61 billion.
This trade initiative, a precious gift amidst ongoing global trade tensions, is the most generous unilateral nonreciprocal trade concession given by any country to developing countries, since the beginning of the modern rule based international trading system.
Though this landmark announcement has far-reaching implications on global trade, as much as President Trump’s “Liberation Day” tariffs, it was almost overlooked by the global media.
Implications for Global Trade
This Chinese policy initiative, though very generous, is a clear violation of the Most-Favoured-Nation (MFN) principle and the “Enabling Clause” of the International Trade Law. The MFN principle is the cornerstone of the multilateral trading system under the World Trade Organisation (WTO) and is enshrined in Article I of the General Agreement on Tariffs and Trade (GATT). It mandates that any trade advantage, privilege, or immunity granted by a WTO member to any country must be extended immediately and unconditionally to all other WTO members. Though, the GATT “Enabling Clause” allows developed nations to offer non-reciprocal preferential treatment (lower tariffs) to developing countries without extending them to all WTO members, this has to be done in a non-discriminatory manner. By extending tariff concessions only to developing countries in Africa, China has also breached this requirement.
This deliberate violation of the MFN principle by China occurs less than 12 months after the announcement of “Liberation Day” tariffs by President Trump, which breached Article I (MFN) and Article II (bound rates) of the GATT. However, it is important to underline that the objectives of the actions by the two Presidents are poles apart; the US objective was to limit imports from all its trading partners, and China’s objective is to increase imports from African countries.
Though the importance of the MFN principle of the WTO law had eroded over the years due to the proliferation of preferential trade agreements and unilateral preferential arrangements, the WTO members almost always obtained WTO waivers, whenever they breached the MFN principle. Now the leaders of the main trading powers have decided to violate the core principles of the multilateral trading system so brazenly, the impact of their decisions on the international trading system will be irrevocable.
Implications for Sri Lanka
China’s unilateral decision to provide zero-tariff treatment to African countries will have a strong adverse impact on Sri Lanka. Currently, all Asian countries, other than India and Sri Lanka, have duty-free access, for most of their exports, into the Chinese market through bilateral or regional trade agreements, or the LDC preferences. Though Sri Lanka, India and China are members of the Asia Pacific Trade Agreement (APTA), preferential margins extended by China under APTA to India and Sri Lanka are limited.
The value of China’s imports from Sri Lanka had declined from US$ 650 million in 2021 to US$ 433 million by 2025. However, China’s exports to Sri Lanka increased significantly during the period, from US$ 5,252 million to US$ 5,753 by 2025. This has resulted in a trade deficit of US$ 5,320 million. Sri Lanka’s exports to China may decline further from next month when African nations with duty-free access start to expand their market share.
Let me illustrate the challenges Sri Lanka will face in the Chinese market with one example. Tea (HS0902) is Sri Lanka’s third largest export to China, after garments and gems. Sri Lanka is the largest exporter of tea to China, followed by India, Kenya and Viet Nam. During the last five years the value of China’s imports of tea from Sri Lanka had declined significantly, from US$76 million in 2021 to US$ 57 million by 2025. Meanwhile, imports from our main competitors had increased substantially. Most importantly, imports from Kenya increased from US$ 7.9 million in 2021 to US$ 15 million in 2025. For tea, the existing tariff in China for Sri Lanka is 7.5% and for Kenya is 15%. From next month the tariff for Kenya will be reduced to 0%. What will be its impact on Sri Lanka exports? That was perhaps explained by a former Ambassador to Africa, when he urged Sri Lankan exporters to “leverage duty free access from Kenya” to expand their exports to China!
(The writer is a retired public servant and a former Chairman of WTO Committee on Trade and Development. He can be reached at senadhiragomi@gmail.com)
by Gomi Senadhira
Features
Daughter in the spotlight …
Jeevarani Kurukulasuriya was a famous actress and her name still rings a bell with many. And now in the spotlight is her daughter Senani Wijesena – not as an actress but as a singer – and she has been singing, since the age of five!
The plus factor is that Senani, now based in Australia, is also a songwriter, plays keyboards and piano, dancer, and has filmed and edited some of her own music videos.
Says Senani: “I write the lyrics, melody and music and work with professional musicians who do the needful on my creations.”
Her latest album, ‘Music of the Mirror’, is made up of 16 songs, and her first Sinhala song, called ‘Nidahase’, is scheduled for release this month (April) in Colombo, along with a music video.
‘Nidahase’,
says Senani, is a song about Freedom … of life, movement, love and spirit. Freedom to be your authentic self, express yourself freely and Freedom from any restrictions.
In fact, ‘Nidahase’ is the Sinhala translated version of her English song ‘Free’ which made Senani a celebrity as the song was nominated for a Hollywood Music in Media Award in the RnB /Soul category and reached the Top 20 on the UK Music weekly dance charts, as well as No. 1 on the Yes Home grown Top 15, on Yes FM, for six weeks straight.
Senani went on to say that ‘Nidahase’ has been remixed to include a Sri Lankan touch, using Kandyan drums and the Thammattama drum, with extra music production by local music producer Dilshan L. Silva, and Australia-based Emmy Award winning Producer and Engineer Sean Carey … with Senani also in the scene.
The song was written (lyrics and melody) and produced by Senani and it features Australian musicians, while the music video was produced by Sri Lanka’s Sandesh Bandara and filmed in Sri Lanka.

First Sinhala song scheduled for release this month … in Colombo
Senani’s music is mostly Soul, Funk and RNB – also Fusion, using ethnic sounds such as the tabla, sitar, and sarod – as well as Jazz influenced.
“I also have Alternative Music songs with a rock edge, such as ‘New Day’, and upcoming releases ‘Fly High’ and ‘Whisper’“, says Senani, adding that she has also recorded in other languages, such as Hindi and Spanish.
“As much of my fan base are Sri Lankans, who have asked me to release a song in the Sinhala language, I decided to create and release ‘Nidahase’ and I plan to release other original Sinhala songs in the future.
Senani has a band in Australia and has appeared at festivals in Australia, on radio and TV in Australia, and Sri Lanka.
She trained as a vocalist, through Sydney-based Singing Schools, as well as private tuition, and she has 5th Grade piano music qualifications.
And this makes interesting reading:
“I graduated from the University of Newcastle in Australia with a Bachelor of Medicine and I work part time as a doctor (GP) and an Integrative Medicine practitioner, with a focus on nutrition, and spend the rest of the time dedicated to my music career.”
Senani hails from an illustrious family. In addition to her mum, Jeevarani Kurukulasuriya, who made over 40 films, including starring in the first colour movie ‘Ranmuthu Duwa’, her dad is Dr Lanka Wijesena (retired GP) and she has two sisters – all musical; one is a doctor, while the other is a dietitian/ psychotherapist.
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