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BASL asks govt. to stop using PTA

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The Bar Association of Sri Lanka yesterday (23) demanded that the government stop using the Prevention of Terrorism Act (PTA) immediately.

The following is the text of the statement issued by the Executive Committee of the BASL: “We are deeply concerned at the use of the provisions of the Prevention of PTA to arrest and detain persons who have been involved in protests against the Government.

In a Media Release, dated 19th August 2022, the Sri Lanka Police has stated that certain suspects are being presently detained, in relation to incidents which occurred during the protests, from 9th April 2022. It is noted that since then Detention Orders for 90 days, have been issued, signed by the President in his capacity as the Minister of Defence detaining three protestors under Section 9 of the PTA.

The PTA is a draconian piece of legislation, which gives wide powers to the Executive to arrest and detain persons for a lengthy period of time. Although Detention Orders are amenable to the Fundamental Rights and Writ Jurisdictions of the apex courts, they are not subject to regular judicial supervision unlike instances of arrests and detention under the general law. Administrative detention confers the Executive with wide powers over the freedom of physical liberty of a person and lengthy detention periods without judicial supervision go against internationally accepted standards of protections of human rights.

There is also the danger that such detention may result in the detainee being subject to torture and inhuman treatment.

The provisions of the PTA have time and again been abused as evidenced by many judgments of the apex courts in Fundamental Rights and Writ Applications and as observed by several Members of Parliament on the 22nd March 2022 during the second reading debate on the Bill seeking to amend the Prevention of Terrorism

Act, as reflected in the Hansard of that date. During the said debate the present President Hon. Ranil Wickremesinghe who was a Member of Parliament has inter alia stated referring to the PTA that “in time to come, it was abused.”

The provisions of the PTA must be resorted to only in very exceptional circumstances where there is manifest evidence indicative of a terrorist dimension that would make resort to its use justifiable. The PTA was intended to address situations of terrorism and never to address offences which may have occurred during the expression of dissent against the Government such as protests for which there exist the ordinary law of the land, including the Penal Code.

In fact, in its response dated 15th December 2021 to the then Foreign Minister, Prof. G. L. Pieris MP, on a document prepared by the Foreign Ministry ‘setting out the main changes proposed in the provisions of the Prevention of Terrorism Act’ the BASL advocated amending section 2(1) of the PTA to prevent the misuse of the PTA to arrest and detain persons who are not connected to terrorist acts.

The BASL notes that the PTA is now being used despite assurances by the Government of Sri Lanka (GOSL) that it was implementing a moratorium on the use of the PTA. During the aforesaid debate in Parliament as reflected in the Hansard on the 22nd March 2022, the then Minister of Justice M.U.M. Ali Sabry MP, presently the Minister of Foreign Affairs stated in Parliament as follows: “As a result, since September 2021, there has been a de facto moratorium on the use of the PTA on offences other than those which have a direct involvement with terrorism. Therefore, these are progressive steps made in that regard.”

The BASL also notes that the use of the PTA has been seen as a matter of concern in granting to Sri Lanka an extension of the GSP+ by the European Union. The abuse of the PTA has also been raised time and again at the United Nations Human Rights Council in Geneva.

In these circumstances and in the absence of a clear definition of terrorism in the PTA, there is a grave danger of it being abused to stifle legitimate expressions of dissent and to target persons who exercise their democratic rights including the freedoms of speech and expression, peaceful assembly, and association.

The BASL therefore calls upon the President and the law enforcement authorities to refrain from using the PTA in this manner and to immediately rescind the Detention Orders issued referred to above.”



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Expedite the cleaning of Colombo’s canals and drainage systems within the next two weeks – PM instructs officials

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Prime Minister Dr. Harini Amarasuriya has instructed officials to expedite the cleaning of canals and drainage systems to ensure the proper flow of rainwater in anticipation of increased rainfall in the coming period. She directed that the cleaning work be completed within the next two weeks and continued regularly thereafter.
The Prime Minister made these remarks on Tuesday (13 October) while attending the Colombo District Coordinating Committee meeting held at the District Secretariat auditorium in Narahenpita.
During the meeting, officials from Divisional Secretariats, the Department of Agrarian Development and the Provincial Irrigation Department highlighted the challenges they face in cleaning drainage systems and canals. They also explained the difficulties arising from the shortage of technical officers and the preparation of plans and cost estimates. The District Coordinating Committee also reviewed the development programmes scheduled to be implemented in the Colombo District in 2026.
Officials presented details of projects under four key areas: rural road development, community empowerment, disaster management and the promotion of a sports culture. Accordingly, the 2026 Rural Road Development Programme is scheduled to be implemented in three phases. Under the first phase, road development activities will be carried out in the Divisional Secretariat Divisions of Colombo, Thimbirigasyaya, Kotte, Homagama, Padukka and Kesbewa. The second phase will cover Kesbewa, Maharagama, Dehiwala, Ratmalana, Moratuwa and Kolonnawa. Officials also reported that several projects initiated in Thimbirigasyaya, Kolonnawa and Seethawaka under the 2025 programme have already been completed.
Under the national Praja Shakthi programme aimed at eradicating poverty, an allocation of Rs. 1,117.53 million has been made for 2026. Of this amount, Rs. 1,108 million has been allocated to 13 Divisional Secretariats, with the balance earmarked for special projects. The programme provides equipment to support agriculture, freshwater fisheries and small-scale enterprises. Under disaster mitigation projects, river-cleaning activities and the development of access roads are being undertaken in Homagama, Seethawaka and Maharagama. An allocation of Rs. 4 million has been made to develop school and public sports grounds as part of efforts to foster a sports culture. In addition, allocations of Rs. 300,000 each have been provided for 39 Divisional Secretariat Divisions, with sports ground development activities being carried out in Dehiwala, Maharagama, Homagama and Thimbirigasyaya. Officials further stated that the development of temples, sports grounds and court buildings is being undertaken through the Ministry of Buddhasasana, Religious and Cultural Affairs,  the Ministry of Rural Development, Social Security and Community Empowerment, and the Ministry of Environment, and the Ministry of Justice.
Under the decentralised capital budget for the Colombo District, a total of 281 projects have been approved, with 184,775 beneficiary families identified. The total allocation for these projects amounts to Rs. 217.38 million, comprising Rs. 180 million in allocations for Members of Parliament and Rs. 37.38 million in allocations for National List Members of Parliament. The total estimated cost of the projects is Rs. 217.03 million.
An assessment of the physical progress of the 281 approved projects revealed that estimates are being prepared, or remain to be prepared, for eight projects, while estimates have been completed for five projects. Quotations have been called for 21 projects, nine projects are at the evaluation stage, and contracts have been awarded for 17 projects. Work has commenced on 51 projects, or they have reached up to 25% completion. Nine projects have achieved between 25% and 50% completion, seven projects between 50% and 75%, and 17 projects between 75% and 99%. A further 93 projects have been physically completed and are awaiting payment, while 44 projects have been fully completed both physically and financially. In terms of financial progress, expenditure on the projects stands at Rs. 21.647 million, with an additional Rs. 0.334 million spent on administrative costs, bringing the total expenditure to Rs. 21.981 million.
Members of Parliament Lakshman Nipuna Arachchi and Samanmali Gunasinghe, local government representatives, Colombo District Secretary Ginige Prasanna Janaka Kumara, and a number of state officials attended the meeting.

[Prime Minister’s Media Division]

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Cabinet approves redrafting of State Assets Management Act

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Approval has been granted at the Cabinet meeting held on 22.07.2024 to publish the draft bill of State Assets Management Act in the government gazette notification and thereby present it to the Parliament for its concurrence.

However, the draft bill couldn’t be passed in Parliament as a result of the Parliament being dissolved in the month of October 2024.

Thereafter, the draft bill was subject to further inspection by a
committee appointed which comprised of officials and authorities on the subject.

The said Committee has recognized the amendments to be made and a fundamental draft has been prepared including the proposed amendments.

Accordingly, the Cabinet of Ministers approved the resolution furnished by the President in his capacity as the Minister of Finance, Planning and Economic Development to suspend further activities regarding the draft bill of State Assets Management Act published in the extraordinary gazette of 02.08.2024, and to direct the Legal Draftsman to prepare a draft bill based on the fundamental draft prepared by the subject specialists’ committee.

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Cooperative Employees Commission Act No. 12 of 1972 to be amended

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Considering the compliance of the Cooperative Societies’ operations with the concurrent socio – economic circumstances as well as the changes in the common law, the requirement of amending the Cooperative Employees Commission Act No. 12 of 1972 has been recognized.

A fundamental draft including proposed amendments based on the experience gained by that Commission as well as the opinions and proposals of Cooperative societies, their director board members, cooperative employees and other interested parties has been prepared.

Accordingly, the Cabinet of Ministers granted approval to the resolution furnished by the Minister of Trade, Commerce, Food Security and Cooperative development to provide instructions to the Legal draftsman to prepare a draft bill to amend the Cooperative Employees Commission Act No. 12 0f 1972, based on the said fundamental draft.

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