News
HRC finds five sections of new Act inconsistent with SC determination
Opposition’s criticism of Online Safety Law vindicated
By Shamindra Ferdinando
The ongoing controversy over the enactment of the Online Safety law (ONLINE SAFETY ACT, No. 9 OF 2024) in violation of the Supreme Court determination has taken a new turn with the Human Rights Commission (HRC) contradicting Speaker Mahinda Yapa Abeywardena’s declaration pertaining to the legality of the new law.
Dissident SLPPer Prof. G. L. Peiris told a media briefing, at his Kirula Road residence, on Monday (12), that the HRC, in a letter dated Feb 08, 2024, had informed Speaker Abeywardena that the new Act was not in line with the SC’s determination of the Online Safety Bill.
The HRC wrote to the Speaker just two days after the Speaker’s Office issued a statement dismissing repeated accusations over the manipulations in the enactment of new law. Prof. Peiris said that the HRC’s letter followed the Speaker’s endorsement of the Certificate on the Online Safety Bill on Feb 02, 2024, thereby making it the ONLINE SAFETY ACT, No. 9 OF 2024.
The former External Affairs Minister said the HRC’s letter, also copied to President Wickremesinghe, Public Security Minister Alles, and Attorney General Rajaratnam, PC, has pointed out that the SC’s recommendations hadn’t been accommodated in Section 13 (Clause 13 of the Bill), Section 16 (Clause 17 of the bill), Section 19 (Clause 21 of the Bill), Section 20 (Clause 22 of the Bill) and Section 27 (Clause 31 of the Bill).
The four-page letter has been signed by Justice L.T.B. Dehideniya, who received the appointment in late June last year.
Other members of the Commission are Prof. Thaiyamuthu Thaanaraj, Prof. Fathima Farzana Haniffa, Nimal G. Punchihewa and Dr. Gehan Dinuk Gunatilleke.
Prof. Peiris, who recently aligned himself with the main Opposition Samagi Jana Balawegaya, said that the Speaker owed an explanation. The HRC’s declaration has quite clearly proved that the new law was contrary to the Constitution and therefore couldn’t be accepted under any circumstances, Prof. Peiris said, alleging that though there had been previous infringements, the country never witnessed such blatant violation before.
Asked whether the SJB could seek the Chief Justice Jayantha Jayasuriya’s intervention and procedures to follow in case Parliament failed to adhere to the SC’s recommendations and any similar blatant violation before, Prof. Peiris said: “Never as blatant a violation as this. Unfortunately, the Constitution provides in Article 80(3) that, once the Speaker certifies a Bill, it cannot thereafter be challenged in a Court of Law. However, there is explicit provision that, where the SC Determination specifies that particular sections can be passed with a simple majority only subject to amendments required by the SC, Parliament shall incorporate these amendments, otherwise enactment by a special majority of 2/3 is mandatory.
The former Constitutional Affairs Minister said: “We will argue that in view of this provision the Bill has not been validly enacted with mandatory constitutional requirements. If the SC Determination, or parts of it, can be disregarded with impunity, this makes pivotal Articles like 120 and 123 redundant. This goes to the very root of a valid legislative process.
The former law Professor stressed that there is an obiter dictum by the late Justice Mark Fernando that, where the legislative process is flawed, in that constitutional provision have been contravened, certifications the Speaker will not save the Bill.
At the onset of the briefing, Prof. Peiris said that in terms of seriously flawed new law enforcement authorities have made first arrest on Sunday (11) and seemed to be bent on using the draconian law to suppress the free media.
The Opposition would resort to what the emeritus law academic called suitable legal challenge.
Declaring that the HRC is deeply concerned over the glaring omissions in the Online Safety Act in terms of the Act’s full compliance with the SC’s Determination, Justice Dehideniya, on behalf of the HRC warned: “any such omission, and consequently, any remaining inconsistency with the Constitution, would have required that the Online Safety Bill be enacted only with a special majority in Parliament. Therefore, the failure to ensure full compliance with the Court’s determination may give occasion to serious concerns over whether the Act, in its current form, received the requisite number of votes in Parliament.”
Prof. Peiris emphasised that the HRC has confirmed the Opposition complaints”
Following a two-day debate, 108 MPs voted for the Bill and 62 against on January 24.
Pointing out that the HRC has taken up the issue with the Speaker after careful examination of the Bill and SC’s recommendations, Prof. Peiris emphasized that the Speaker should accept responsibility for the unprecedented development. Prof. Peiris urged the SLPP, too, to look into this matter as the ruling party could absolve itself of the responsibility for the pathetic state of affairs.
Prof. Peiris said that the Speaker’s Office should respond to the HRC. “We intend to vigorously pursue this matter as Speaker Abeywardena cannot be allowed to pursue his own agenda at the expense of parliamentary traditions,” he said.
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Landslide early warnings in force in the Districts of Badulla, Kandy, Kegalle, Kurunegala, Matale, Nuwara Eliya and Ratnapura
The Landslide Early Warning Center of the National Building Research Organisation [NBRO] has issued landslide early warnings to the Districts of Badulla, Kandy, Kegalle, Kurunegala, Matale, Nuwara Eliya and Ratnapura valid until 1600hrs on 14th December 2025.
Accordingly,
LEVEL III RED warnings are in force in the Divisional Secretaries Divisions and surrounding areas of Ududumbara, Medadumbara, Ganga Ihala Korale, Pathadumbara, Panvila, Udapalatha, Doluwa, Deltota and Minipe in the Kandy district, and Rideegama in the Kurunegala district.
LEVEL II AMBER warnings are in force in the Divisional Secretaries Divisions and surrounding areas of Uva Paranagama, Passara, Welimada, Haputhale, Lunugala, Soranathota, Ella, Kandeketiya, Bandarawela, Meegahakivula, Badulla, Hali_Ela and Haldummulla in the Badulla district, Harispattuwa, Pathahewaheta, Thumpane, Udunuwara, Poojapitiya, Hatharaliyadda, Gangawata Korale, Yatinuwara, Kundasale, Akurana and Pasbage Korale in the Kandy district, Rambukkana, Yatiyanthota, Aranayaka, Kegalle, Bulathkohupitiya, Mawanella, Warakapola and Galigamuwa in the Kegalle district, Polgahawela, Mallawapitiya, Alawwa and Mawathagama in the Kurunegala district, Ukuwela, Naula, Wilgamuwa, Matale, Laggala Pallegama, Rattota, Ambanganga Korale, Yatawatta and Pallepola in the Matale district, Walapane, Hanguranketha, Nuwara Eliya, Kothmale East, Mathurata, Nildandahinna, Thalawakele, Norwood, Kothmale West and Ambagamuwa Korale in the Nuwara Eliya district, and Kahawaththa, Kolonna and Godakawela in the Ratnapura district.
LEVEL I YELLOW warnings are in force in the Divisional Secretaries Divisions and surrounding areas of Dehiowita, Deraniyagala and Ruwanwella in the Kegalle district, and Kalawana, Kuruwita, Elapatha, Ayagama, Kiriella, Balangoda, Openayake, Imbulpe, Ratnapura, Kaltota, Eheliyagoda, Pelmadulla and Nivithigala in the Ratnapura district.
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The rights of the fishing community will never be compromised – President
President Anura Kumara Dissanayake affirmed that the Government will never allow the violation of the rights of the fishing community, emphasizing the State’s firm commitment to protecting both land resources and the coastline.
The President also stated that the Government will address the challenges faced by fishing communities across the country through discussion and constructive engagement, ensuring sustainable solutions while safeguarding livelihoods.
President Anura Kumara Dissanayake made these remarks while attending a Special District Coordination Committee Meeting held on Saturday (13) afternoon at the Mannar District Secretariat, convened to review on-going efforts to restore normalcy to public life and rehabilitate infrastructure in the Mannar District following the recent disaster.
Highlighting the urgent need for a permanent solution to flooding in the Mannar District, the President instructed officials to proceed with the proposed flood control project after conducting comprehensive studies to ensure its long-term effectiveness.
Special attention was drawn to the severe impact of the disaster on the fishing sector. It was revealed that approximately 12,000 fishermen are currently unable to engage in fishing activities due to flooding and adverse weather conditions.
The President directed that dry ration packs be provided for one week to fishing families who, although not directly affected by floods, have lost their livelihoods due to unfavourable weather conditions.
Additionally, discussions were held on engaging with the Chinese Embassy to distribute a stock of fishing gear donated by the Government of China to fishermen affected by the disaster.
Attention was also focused on illegal land encroachments within the water catchment area of the Yodha Wewa Sanctuary. The President instructed that strict legal action be taken against individuals obstructing the placement of boundary markers around the reservoir.
It was reported that 70 families in the Mannar District have lost their homes due to the disaster. Discussions were held on rebuilding these houses and identifying suitable land for resettlement. A committee will be appointed to identify the required land within the next two weeks.
The meeting also addressed the expansion of facilities at Mannar Base Hospital and other hospitals, along with restoring health services and normalizing educational activities in the district.
The President further instructed that the Rs. 15,000 assistance provided by the Treasury for schoolchildren be disbursed promptly through Divisional Secretaries, based on recommendations from Grama Niladhari officers.
Extensive discussions were also held on reconstruction of damaged roads and bridges, restoration of water and electricity supply, rehabilitation of irrigation systems, compensation for losses in agriculture and livestock sectors and supporting affected communities to restart their livelihoods without delay
The meeting was attended by Deputy Minister of Cooperative Development and Chairman of the Vanni District Coordination Committee Upali Samarasinghe, Northern Province Governor N. Vethanayahan, Members of Parliament S. Thilaganathan, M. Jegatheeswaran, T. Ravikaran, Sathiyalingam, Selvam Adaikkalanathan, Kader Mastan and Rishad Bathiudeen, along with other government and opposition parliamentarians.
Also present were the Secretary to the Ministry of Finance, Secretary to the Ministry of Defence, Northern Province Chief Secretary D. Murugesan, Mannar District Secretary K. Kanageswaran, senior government officials, and representatives of the security forces.
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Prioritize rebuilding the livelihoods of disaster-affected communities – President
President Anura Kumara Dissanayake has instructed officials to give top priority to restoring the livelihoods of communities affected by the disaster. He emphasized the need to expedite compensation payments for damages and to take immediate measures to revive the agriculture, fisheries and industrial sectors.
The President further directed that all compensation payments for crop damage be completed before December 25.
These instructions were issued during a special District Coordinating Committee meeting held on Saturday (13) morning at the Puttalam District Secretariat.
President Anura Kumara Dissanayake described the recent cyclone as one of the largest disasters the entire country has faced in recent times. He commended the dedicated efforts of the tri-forces, Police and public officials in restoring the lives of affected communities. The President noted that, thanks to their commitment, a significant portion of essential infrastructure including electricity, water supply and roads has already been rehabilitated.
He further emphasized that the Government’s ability to provide such substantial compensation to disaster-affected communities is the result of the strong fiscal discipline of the Government.
Taking into account the challenges that have arisen in the distribution of allowances and aid so far, the President instructed Divisional Secretaries to ensure that compensation is provided strictly to eligible recipients and to fully intervene to prevent any deviation from this policy under any circumstances.
During the meeting, the rehabilitation of damaged highways and bridges in the district was discussed in detail. The President inquired into issues arising during these reconstruction efforts and provided on-the-spot solutions in consultation with the relevant officials.
The construction of the Lower Kala Oya Bridge was also discussed. The President instructed that a temporary bridge be built to meet the needs of the tourism sector. He emphasized that all construction activities should be carried out with a thorough understanding of necessity and proper structural assessments.
The President further highlighted that previous large-scale projects were abandoned without delivering tangible benefits or the intended outcomes. He stressed that future infrastructure development should focus not only on regional needs but also on the broader economic benefits for the country as a whole.
The President inquired about the ongoing efforts to restore electricity supply in the district and emphasized the need to complete these works without delay.
He also reviewed measures being taken to re-establish water supply and instructed provincial authorities to intervene promptly, noting that current well cleaning efforts in the district are insufficient.
Regarding agriculture, the President inquired about preparations by local farmers for the upcoming Maha paddy cultivation. He directed officials to swiftly create a conducive environment for farming, minimize the amount of abandoned land and explore alternative methods to ensure productive use of farmland.
He instructed that all compensation due to farmers be disbursed before December 25, that payments be made regardless of whether the land is in reserves or legally protected areas, and that systematic measures be implemented to prevent cultivation on reserved lands.
The President also highlighted the need for comprehensive soil conservation programmes in areas such as Kalpitiya.
The President emphasized the need to provide fair compensation to those engaged in the livestock sector in order to restore their livelihoods. He also highlighted the importance of obtaining accurate ground-level data and stressed the necessity of introducing legislation to ensure the registration of all livestock farms.
Due to the disaster, 627 houses in the district were completely destroyed, and 20,813 houses sustained partial damage. The President instructed that compensation for the affected families be expedited, emphasizing priority resettlement on government land. Where government land is unavailable, he directed that Rs. 5 million be provided to each family for the purchase of alternative land.
For those whose houses were completely destroyed, the President directed that new housing projects be implemented in a manner that ensures ownership of a house valued at Rs. 5 million for each beneficiary.
Attention was also given to the fisheries sector. Discussions were held on providing assistance for the repair of damaged fishing boats, as well as implementing fair compensation and concessional bank loan schemes for prawn farmers.
President Dissanayake also inquired into the operations at Chilaw Hospital. Authorities informed him that patient admissions and the functioning of several units could resume by next week.
Minister of Public Administration, Provincial Councils, and Local Government and Chairman of the Puttalam District Coordination Committee Chandana Abeyratne, Deputy Minister of Environment Anton Jayakody, North Western Province Governor Tissa Warnasuriya, Government and Opposition Members of Parliament from Puttalam District, Local Government Representatives including the North Western Provincial Secretary, Secretary to the Ministry of Finance Dr. Harshana Suriyapperuma, Puttalam District Secretary, Divisional Secretaries, Government Officials, and Security Forces Representatives were present at the event.
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