Features
Security and freedom:
Counter Terrorism Legislation in Sri Lanka
By Professor
G. L. Peiris
D. Phil. (Oxford), Ph. D. (Sri Lanka);
Rhodes Scholar, Quondam Visiting Fellow of the Universities of Oxford, Cambridge and London; Former Vice-Chancellor and Emeritus Professor of Law of the University of Colombo.
Civilisations since the dawn of history have engaged in search for the right balance between security and liberty — both elemental needs of society through dramatically changing conditions and priorities.
The Minister of Justice, Mr. Harshana Nanayakkara, announced last week the appointment of a Committee headed by Mr. Rienzie Arsecularatne, PC, to undertake a review of the current law, to assess proposals for reform over the decades and to recommend the content of an appropriate statutory regime.
On the conceptual plane, several approaches are possible.
I. Adequacy of the General Law
It is an arguable proposition that the general law suffices as the framework of an effective apparatus for security, any special legislation being not only unnecessary but harmful.
In the decades prior to 1979, Sri Lanka, without recourse to any special legal regime, was able to withstand crises including a military coup and a widespread insurrection involving armed attacks on police stations lslandwide. In its report of February 2022, the Law Commission of Sri Lanka was emphatic in its insistence that terrorism, in its multiple manifestations, should continue to be dealt with under the general law.
II. A Special Statutory Regime
The Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979, was enacted experimentally for the brief period of 6 months. Ironically, it has survived for 46 years. An integral part of our legal system today, it has invited harsh condemnation: “It was abused from day one, because the very provisions in the Act are for abuse, not to prevent terrorism.” (Mr. M. A. Sumanthiran, Hansard of 22 March 2022, Column 804).
Negative appraisal of this law has been prompted by generous scope for onslaught on fundamental values of a democratic society. Among the dangers are laxity encouraged in the investigation process, intrigue and corruption among officials of intelligence agencies intent on self-advancement, resort to impunity even to the extent of condoning torture, and alarming use of its provisions against media personnel, civil society activists and others for extraneous purposes.
The criticism is not unfair that the manner of its application contributed to impairment of harmony among ethnic, religious and cultural communities and powerfully impeded the emergence of a national consciousness.
While this was a disastrous consequence domestically, external dimensions have been no less disquieting. These impinge on the nation’s solidarity and stability, collective initiatives towards economic advancement and deep-seated cynicism regarding commitment to universally acknowledged human rights.
This was seen to inflict grave jeopardy on Sr Lanka’s vital interests in the fields of trade, investment and tourism. In Brussels, the continuity of GSP+ benefits, enabling access for the country’s exports to the vast markets of the European Union, came under threat. In Geneva, the Human Rights Council, in contentious proceedings, approved the setting up of a uniquely intrusive mechanism to target the human rights situation in Sri Lanka.
As these circumstances deteriorated, it seemed prudent to focus on the more serious infirmities and to expunge them as a matter of urgency.
III. Enactment of Amending Legislation
This task was undertaken in 2022.As Minister of Foreign Affairs at the time, I presented to Parliament, with the fullest support of the President and the Cabinet, a series of amendments designed to make the law more compliant with a civil and political rights culture.
(i) An egregious weakness of the existing law was the unjustifiably long period of imprisonment consequent on a Detention Order.
There were instances of an interval as long as 6 to 9 months between one date of trial and the next. This was remedied by clear provision that “Every trial under this Act shall be held on a day to day basis” (Section 8). Any departure had to be justified by compelling reasons.
(ii) Flagrant abuse was sought to be controlled by a series of mandatory safeguards which included a certified copy of the detention order being furnished to the Magistrate of the area within 48 hours (Section 3); a non-delegable duty imposed on the Magistrate to visit the detainee at least once a month to ensure absence of torture or maltreatment (Section 13); and provision for a report by a Judicial Medical Officer to be forwarded to the Inspector General of Police and the Attorney-General, with a view to criminal proceedings, where appropriate (Section 6 (ID)).
(iii) In the previous law access to Counsel as a legal entitlement was confined to judicial proceedings (Section 260 of the Criminal Procedure Code). This gap, entailing considerable vulnerability, was filled by explicit provision guaranteeing the right to Counsel during the police interrogation (Section 5).
(iv) In addition to Counsel, communication with family or close relatives was also ensured (Section 5).
(v) Unlike the earlier law which required mandatory remand of a detainee until conclusion of the trial, the amending legislation specifically conferred on the Court of Appeal jurisdiction to enlarge the detainee on bail after 12 months (Section 10).
(vi) There was, as well, a significant expansion of judicial review as a check on arbitrary or capricious administrative action. In contrast with the ouster clause contained in the pre-existing law, the door was explicitly opened to judicial challenge in Fundamental Rights, writs and habeas corpus proceedings (Section 4).
(vii) Power conferred on the Executive to prevent a detainee from making any communication – which had a potentially chilling effect on the media in particular – was not merely whittled down but removed entirely. (Section 7)
(viii) The ambit of protection was appreciably enhanced by widening the definition of “torture” to bring it in line with contemporary developments deriving from international experience (Section 13).
IV. A Necessary Qualification
In presenting these amendments to Parliament, I candidly conceded that the solution proffered was provisional in character, pending overhaul of the entire statutory regime and its replacement by new legislation. This task, daunting in its challenge, was undertaken in collaboration by all relevant Ministries of Government, with active inputs by the Attorney-General, the Defence Secretary, the Inspector General of Police and Heads of the Armed Forces. This work was already under way.
A practical point of view, it seemed, was that the best should not be made the enemy of the good: my plea to colleagues was that a set of amendments, salutary in their impact for the time being, should not be jettisoned in cavalier fashion in pursuit of the ideal.
Parliament enacted the amendments into law by a majority of 86 against 35 votes.
V. The Future Path of Reform
The quest for a more satisfying version of the law was motivated by resolve to deal with the remaining deficiencies.
(a) The most striking of these blemishes was one which violated the very substance of criminal justice by infringing such seminal principles as the constitutionally entrenched presumption of innocence, the privilege against self-incrimination and established rules governing the burden of proof.
The offending provision enabled the reception in evidence of confessions made by a detainee to a police officer not below the rank of an Assistant Superintendent of Police (Section 16 (i)). This introduced the very real danger of wrongful convictions based on coerced confessions.
This indefensible peril, unfortunately, could not be removed because of strong resistance by defence authorities on the ground of overriding security concerns.
(b) Regarding the duration of custody under a detention order, on account of divergence of opinion which could not be reconciled, the maximum reduction which could be effected was from 18 to 12 months — the resulting mitigation still inadequate without proper judicial oversight.
(c) A conflict of jurisdictions brought about the inexcusable anomaly that, even where the Court of Appeal had granted bail, the Hight Court – lower in the judicial hierarchy – continued to be empowered to order remand.
Since these anomalies could not be expunged at the time, I took the initiative, with full concurrence of President Gotabhaya Rajapaksa, to give a solemn undertaking to the Human Rights Council in Geneva in March 2022, that a moratorium would be imposed on use of the PTA until the new, promised legislation comes into effect. It is much to be regretted that this assurance received short shrift after the change of government later that year.
VI. An Aborted Attempt
Based on conviction of the need for a completely new point of departure, a Counter Terrorism Bill was drafted and gazetted in October 2018.
The high watermark of authoritarianism, the repugnant features of the Bill included a grotesquely overbroad definition of terrorism (Section 3); compulsory programmes of rehabilitation as a condition of deferment of indictments (Section 72); authority conferred on the Executive to make ‘Proscription Orders’ incompatible with fundamental rights (Section 81); ‘Restriction Orders’ purporting to prevent, inter alia,”travelling outside the normal route between the place of residence and the place of employment” (Section 82); Orders relating to ‘Prohibited Spaces’ preventing journalists and others from “taking photographs., video recording and making sketches” (Section 84); and such vague criteria as “the impact on peaceful coexistence of the people of Sri Lanka” (Section 87) as factors aggravating the severity of a sentence.
Unsurprisingly, the proposed legislation failed to make any progress towards enactment.
VII. The Way Forward
In his intervention in the Debate in Parliament in March 2022 on the PTA Amendments, the current Foreign Minister, Mr. Vijitha Herath, then speaking from the ranks of the Opposition, strongly advocated wholesale repeal of the PTA, which he characterised as unreservedly evil. This is in line with the announcement a few day ago by the Minister of Justice that the Government is committed to the early enactment of entirely new legislation in place of the existing Act.
A useful word of caution relates to futility of reinventing the wheel. A profusion of material already in existence makes it superfluous to add yet another leaf to the thicket. The Law Commission Report compiled by three eminent President’s Counsel – Mr. Romesh de Silva, Mr. Sanjeewa Jayawardena and Mr. Manohara de Silva – has received less attention than it warrants.
It is vital to appreciate that upgrading and modernising the law is only one component of the overall effort required. No law, however sound, will accomplish its objective unless it is accompanied by an honest attempt to further professionalise the intelligence services and to provide systematic training, access to technology and connectivity with institutions around the world.
It was a few years back that a former President of Sri Lanka took it on himself to pronounce SAARC ‘dead’. Since then there have been other sections of Sri Lankan opinion that have joined the critics of SAARC and taken the solemn stance that SAARC has indeed died what may be called a natural death.
Their fatalism is understandable. SAARC has failed to meet at heads of government or state level for the past several years to take the SAARC process notably forward. Regional cooperation has more or less been only an appealing idea. No substantive concrete projects have taken off to make the idea a hard reality. ‘Inner paralysis’ seems to be SAARC’s lot. Hence the fatalism in these circles.
However, being one of the worst cash-strapped regions of the world and a teemingly populated one with people virtually left to their devices, what choices do the ‘SAARC Eight’ have other than to try their best to band together and continue with their cooperation efforts, however small they may be?
There is no escaping the mounting debt trap for many of these countries and bankrupt Sri Lanka is a glaring example, but ‘throwing in the towel’ and abandoning themselves entirely to the diktats of the strongest economies and their agencies will prove a ‘living death’ for many countries in the SAARC fold.
The gains may be meagre but giving-up on SAARC cooperation in full would prove self-defeating for the organization and South Asia. Right now, the collective intention ought to be to salvage what the region could from the tenuous cooperative efforts. Moreover, such initiatives could go some distance to generate a degree of goodwill among the Eight and help in sustaining a dialogue process.
Given this backdrop it proved ‘a stich in time’ for the Regional Centre for Strategic Studies (RCSS), Colombo, to recently host the SAARC Secretary General Ambassador Md. Golam Sarwar to a round table discussion on the unifying potential of SAARC and its future possibilities, besides other related issue areas.
Held on June 24th and moderated by RCSS Executive Director and former ambassador Ravinatha Aryasinha, the forum brought together a vibrant, wide ranging audience comprising academicians, diplomats, senior public servants, civil society activists and many others. Following the presentation by Ambassador Golam Sarwar titled, ‘Reigniting SAARC: Achievements, Challenges and the Way Ahead’, a lively Q&A followed.
The above forum could be described as an act of lighting the proverbial ‘candle’ rather than ‘cursing the darkness.’ It surely is a ‘darkness’ that could be seen as daunting considering that the region’s pivotal powers, India and Pakistan, are failing to act in a spirit of accord but are engaged in bitter finger-pointing on a number of questions of vital importance to SAARC.
On the other hand, what is the rest of the region doing to bring the above sides together? It is disappointing that to date the rest of SAARC has failed to launch a major diplomatic drive to bring peace between the feuding regional heavyweights. It needs to act without delay and establish its earnestness and this effort would need to prove SAARC’s staying power in the unfolding months and even years.
In assessing SAARC’s seeming failure local opinion in particular has failed to factor in what could be described as weak leadership. Since Sheikh Mujibur Rahman of Bangladesh, the founding father of SAARC, the region has failed to produce a visionary leader who could advance the SAARC cause with charisma and drive.
Among other reasons, weak leadership accounts considerably for the faltering and stuttering status, as it were, of SAARC. Badly needed are leaders who could go the extra mile, think less of narrow national interests and work diligently towards the collective well being of the region but SAARC’s millions of ordinary people have been made to wait in vain for leaders of such stature. Instead, they have been burdened with politicians who seem to be relishing the apparently moribund state of SAARC.
Looking back, it could be said that it was the dynamic leadership factor that led to the launching of the Non-Aligned Movement and for its sustenance for a few decades. True, it could be seen in some quarters that NAM is no more, but as in the case of SAARC, the former too has been unfortunate to be burdened over the years with politicians who lack the vision and drive to unflaggingly advance the fortunes of the South. NAM and SAARC lack the dynamism and vision of leaders of the stature of Jawaharlal Nehru, for example, to give them the required guidance and intellectual depth.
The reasons are complex for there not being among us currently political leaders with the vision and the steadfast commitment to advance the legitimate interests of the South. However, it could be stated with conviction that the majority of Southern leaders have too easily caved in to the demands of the global North and its financial agencies.
These leaders have failed to see, for instance, that the largely market economy oriented Northern governments would not view with favour a centrist economic model that attaches priority to the interests of the dis-empowered publics of the South. This realization ought to have dawned on the current government in Sri Lanka, for instance, some while ago but it has no choice but to abide by IMF dictates since economic survival at present is unthinkable without the latter’s succour.
Accordingly for SAARC this should be the time for some soul-searching. Priority needs to be attached to ending the feuding between India and Pakistan since at present the material fortunes of the region hinge largely on these regional giants giving peaceful relations among them a try. This is no easy challenge to meet but some daring, visionary diplomacy needs to take hold among the rest of SAARC.
There is some sense in SAARC bringing the peoples of the region together through programs that address their best collective interests. A meeting of minds among SAARC nations could enable SAARC and its agencies to build a region-wide people’s movement for progressive political and economic change that could in turn lead to the region’s political leaders sensitizing themselves more to the neglected needs of their publics.
However, the time is ‘now’ for the initiation of these progressive changes and the voice of SAARC well wishers would need to drown out those of their critics.
A seminar, “Sri Lanka’s Economic Crossroads: Navigating Recovery, Resilience and Growth” was recently held by the Organisation of Professional Associations of Sri Lanka (OPA) at the OPA Auditorium, bringing together economists, OPA members, and professionals from diverse fields for an insightful discussion on Sri Lanka’s economic recovery and future growth prospects.
The event was held under the patronage of Jayantha Gallehewa, President of the OPA, and was jointly organised by the National Issues Committee (NIC) and the Seminars, Workshops and Programmes Committee of the OPA. The event reaffirmed the organisation’s commitment to advancing professional excellence, fostering insightful intellectual engagement, facilitating interdisciplinary knowledge exchange and creating a constructive platform for informed dialogue on issues of national importance.
The panel of speakers comprised Dr. Harsha Aturupane, Lead Economist and Programme Leader for Human Development at the World Bank for Sri Lanka and the Maldives; Dr. Achinthya Koswatta, Senior Lecturer in Economics at the Open University of Sri Lanka, and Anushan Kapilan, Lead Economist at Verité Research.
In his welcome address, the President of the OPA emphasised that Sri Lanka was at a critical juncture in its economic recovery journey where sustained reforms, effective implementation, and collective national commitment are essential to achieving long-term stability, resilience and inclusive growth. He noted that the country had experienced one of the most severe economic crises in its history with the economy contracting by 7.8 percent in 2022 and a further 11.5 percent in 2023, resulting in significant economic and social challenges.
Delivering his introductory remarks Bhanu Wijeyaratne, Vice President of the OPA and Chairman of the National Issues Committee, underscored the need to move beyond short-term economic stabilisation towards a comprehensive agenda of structural transformation. He observed that the economic crisis had revealed deep-rooted weaknesses within the economy, including persistent fiscal pressures, rising public debt, foreign exchange limitations, and insufficient diversification of the export base. He stressed that addressing these challenges through strategic reforms, institutional strengthening and long-term economic planning would be essential to establishing a more resilient and competitive economy.
While acknowledging recent positive developments, including improved inflation management, tourism recovery and signs of economic stabilisation, Wijeyaratne stressed the need to advance reforms aimed at strengthening fiscal discipline, enhancing productivity, improving competitiveness, developing human capital and reinforcing governance and institutional effectiveness.
He further highlighted the important role of professionals, businesses, academia and other stakeholders in contributing to evidence-based dialogue and supporting Sri Lanka’s journey towards a resilient, inclusive and sustainable economic future.
Delivering the keynote presentation, Dr. Harsha Aturupane provided a comprehensive assessment of Sri Lanka’s economic prospects within the broader context of global economic transformation. He argued that Sri Lanka functioned as a small open economy whose performance is significantly influenced by developments in the global marketplace. External factors could not be controlled, and the country must strengthen its domestic capacity and resilience to respond effectively to international economic shifts, he noted.
Tracing the evolution of global economic systems, Dr. Aturupane highlighted the transition from ideological divisions between state-controlled and market-oriented economies towards increasingly pragmatic approaches focused on growth, competitiveness and development. He noted that Sri Lanka’s own economic journey reflects a similar evolution, with contemporary policy debates now centred on practical solutions for sustainable economic progress.
The presentation also examined the transformative impact of globalisation. Dr. Aturupane observed that global economic integration had enabled several East Asian economies, including South Korea, Singapore, Taiwan and Hong Kong, to achieve remarkable economic advancement through export-led growth strategies. Sri Lanka similarly benefited from this process through the expansion of its apparel industry and increased integration into global value chains.
Turning to Sri Lanka’s recovery programme, Dr. Aturupane emphasised that the ongoing stabilisation process should be viewed as a national programme supported by the International Monetary Fund rather than solely as an IMF initiative. He observed that strong worker remittances, improved tourism earnings, enhanced government revenue mobilisation and prudent import management have contributed significantly to economic stabilisation.
Despite this progress, he cautioned that rebuilding foreign exchange reserves and meeting future debt obligations remain major challenges. He underscored the need to strengthen export performance, attract investment and generate sustainable foreign exchange earnings to ensure long-term economic resilience.
The discussion also focused on monetary stability, inflation management and exchange-rate policy. Dr. Aturupane stressed that maintaining price stability was fundamental to sustainable growth and household welfare, while sound monetary policy remains essential for preserving economic confidence.
Looking beyond stabilisation, he argued that Sri Lanka must transition towards a broader economic transformation agenda. Sustainable growth, he noted, will depend on expanding productive capacity through investment, technological advancement, innovation, skills development and structural reforms.
Among the key constraints identified was the high cost of energy, which continues to affect competitiveness and investment attractiveness. Dr. Aturupane emphasised the importance of improving efficiency and affordability within the energy sector to enhance Sri Lanka’s business environment.
He further highlighted the social dimensions of the crisis, noting the rise in poverty and economic vulnerability among households. Strengthening social protection systems and ensuring inclusive growth, he argued, must remain central components of the national development agenda.
Another critical challenge identified was Sri Lanka’s demographic transition. With an ageing population, outward migration and evolving labour market dynamics, the country is increasingly confronting labour shortages in several sectors. Dr. Aturupane suggested that greater automation, increased labour-force participation and strategic workforce planning would be necessary to address these emerging realities.
Concluding his presentation, he emphasised the need to improve governance, strengthen institutions, enhance competitiveness and create an enabling environment for private sector investment. Sri Lanka’s future success, he noted, will depend on its ability to move decisively beyond crisis management towards a development model founded on resilience, innovation, productivity and inclusive growth.
Dr. Achinthya Koswatta reiterated the importance of policy consistency and predictability in fostering investment and industrial development. She observed that frequent policy changes create uncertainty and discourage long-term investment decisions, whereas stable and coherent policy frameworks build confidence and support sustainable economic transformation.
Meanwhile, Anushan Kapilan highlighted the substantial progress achieved in restoring macroeconomic stability following the recent crisis. He noted significant improvements in fiscal performance, including increased government revenue, reduced reliance on debt financing and a historically low fiscal deficit.
He further observed that public debt levels are declining faster than anticipated, economic growth has exceeded expectations and inflation has been brought under control more rapidly than forecast. Nevertheless, he cautioned that the recovery remains uneven, particularly within the industrial sector and that many households have yet to experience a meaningful improvement in living standards.
The seminar was expertly coordinated by Eng. Chamil Edirimuni, Vice President of the OPA and Chairman of the Seminars, Workshops and Programmes Committee, while the technical moderation and interactive discussion session were facilitated by Bhanu Wijeyaratne, Vice President of the OPA and Chairman of the National Issues Committee.
The event was attended by Tisara De Silva, President-Elect of the OPA, Eng. Ravi Rupasinghe, General Secretary, Past Presidents, members of the Executive Council, representatives of the General Forum and professionals representing a wide range of disciplines.
The seminar concluded with a vibrant exchange of ideas and perspectives, reaffirming the importance of evidence-based policy dialogue, institutional collaboration and collective national commitment in advancing Sri Lanka’s economic recovery, resilience and sustainable growth.
Yes, for UK-based presenter and artiste Samantha Kay, home is where the heart – and the roots – are. And her roots run deep in Sri Lanka.
In an exclusive interview with The Island, Samantha says “I’m proud to be Sri Lankan. My mum is from Kandy and my dad is from Colombo, so Sri Lanka has always held a very special place in my heart.
“Whenever I visit Sri Lanka, I love spending time on the beautiful south coast, especially Hikkaduwa and Mirissa. It’s somewhere I always feel connected to my roots and completely at peace.”
Now living in Bournemouth, on the south coast of England, where, she says, she is lucky to be close to some of the UK’s most beautiful beaches, including the iconic Sandbanks, Samantha has built a career that refuses to fit into one box.
She is a radio presenter, podcast host, singer-songwriter, personal trainer and life coach.
“I genuinely love the variety because every role allows me to connect with people and, hopefully, make a positive difference in someone’s day.”
Of course, music has taken her far.
One of her proudest achievements, she says, was releasing a song with 90s music icon Angie Brown, which reached No. 9 in the UK Club Charts.
She also reached the final stages of The X Factor and performed at Wembley Stadium in front of thousands.
Beyond music, Samantha competed in bikini bodybuilding across the UK, winning several titles. “It taught me discipline, resilience and self-belief,” she recalls.
Today, her focus is on radio, podcasting and coaching women. Her podcast encourages people to live life on their own terms rather than feeling pressured to follow society’s expectations.
Says Samantha: “Whether someone is single, changing careers, travelling solo or simply trying to find their purpose, I want them to know that it’s never too late to create a life that feels authentic. If you’ve ever felt like you don’t fit into the box, maybe you were never meant to.”
Samantha Kay also spent a year in Dubai, performing at five-star hotels, including FIVE, and coaching at the iconic outdoor gym on Palm Jumeirah.
“I taught strength and conditioning classes, and hosted wellness retreats, combining my passion for music, health and inspiring others.”
However, with family matters calling her back to the UK, she made the choice to return. “Family comes first,” she says.
Looking ahead, Samantha plans to grow her radio and podcast work, release more music, and expand her wellness retreats.
“My biggest passion is helping people, especially women, build confidence and believe in themselves,” she says.
“Wherever my career takes me, I hope to continue inspiring others to live with courage, kindness and authenticity, while never forgetting my Sri Lankan roots.”
Current El Niño Status in Sri Lanka
A few showers may occur in the Western, Sabaragamuwa and North-western provinces and in Kandy, Nuwara-Eliya, Galle and Matara districts.
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