Features

Security and freedom:

Published

1 year ago

2025/03/10

Sahan Weerasooriya

Minister of Justice Harshana Nanayakkara speaking in Parliament. (File photo)

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.

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Features

Complexities in global politics deepen as economic pressures intensify

Published

23 hours ago

2026/08/27

Sahan Weerasooriya

UK Prime Minister Andy Burnham meets Ukrainian President Volodymyr Zelensky in Kyiv. (BBC)

The present offer by the UK to strengthen Ukraine’s defense capabilities in the missile technology field in particular comes as ‘a stitch in time’ and the initiative is also likely to be appreciated considerably by democratic opinion world wide for the possible morale-boosting effect it would have on Ukraine. Besides continuous arms support, the conviction that the world’s frontline democracies are behind it would prove a huge plus in Ukraine’s eyes in its grinding fightback against the Russian invasion.

While continued US support for Ukraine could not be considered ‘a given’ any more, British Prime Minister Andy Burnham’s words during a recent visit to Kyiv that the UK would stand by Ukraine ‘for as long as it takes’ is the kind of assurance that Ukraine needs at present. For, the conflict in Ukraine is essentially a war of liberation conducted by the latter against an invader and deeply at issue here is the upholding of International Law and its foundational concepts, such as national sovereignty and a nation’s right to political self-determination. The world of democracy is of the firm view that the latter ideals cannot be compromised, come what may.

The UK has its work cut out in this connection. It would find it difficult to convince the Trump administration that it should staunchly stand by Ukraine but it could campaign vigorously with the rest of the West and the EU fold in particular to unflaggingly support the embattled and over-run country.

Ukraine has shown an impressive adeptness in using drone technology in particular against her enemy and has even manufactured her own hardware in this respect but using the relevant blueprints handed over by the UK for the manufacture of more sophisticated cruise missiles, for instance, may prove financially difficult, going forward. It is left to be seen whether the UK and the rest of the West who are with Ukraine will continue to be with her, considering their own rising financial constraints.

The latter impediments could only multiply in the future. Oil, gas and energy prices are on the rise and the latter costs are glaringly reflected in kitchens and meal tables the world over. As we go along consumer discontent would steadily intensify and governments, East and West, would need to figure out with considerable rigour and foresight how such disaffection could be ably managed. Failing which, in most democratic societies, the chances are that publics would be out on the streets demanding that their grievances be redressed forthwith.

These rising concerns are reflected in a recent move by some EU governments to consider imposing what is described as ‘a windfall tax’ on the profits specified major oil companies operating within their shores have made in the wake of the US-Israel war on Iran. The rationale apparently is to use such tax earnings to cushion the rising cost of living of their publics and bolster the respective countries’ social expenditure.

In a recent letter to the president of the EU Council the EU governments referred to said, among other things, while drawing attention to the ‘discontent that is growing over the rising cost of living’: ‘A common approach’ is needed that ‘ensures those who profit from the crisis contribute their share to reducing the burden on the general population.’ Meanwhile, Oxfam with reference to the above development is on record as calling for a ‘permanent windfall tax of at least 50% on profits exceeding a 10% return on investment.’

Such are the rising economic pressures on the majority of Western governments. The question to be posed is how consistent they would be in their assistance to Ukraine if they decide consensually to stand by her. The soaring cost of living in the West compels the conclusion that there could be no guarantee that Western assistance to Ukraine, particularly in the defense and security fields, would be of a longstanding kind.

Of particular concern would be the fact that the weapons systems on offer from the UK to Ukraine could be increasingly costly to manufacture going forward. Besides they would need to be manufactured and put into action without delay.

However, these considerations should in no way deflect Ukraine’s supporters from the principled policy stance of defending her to the extent possible. Because at issue is the defense of International Law and the democratic system of government from their enemies; fascism and authoritarian rule.

While during World Wars 1 and 2 the US was with the major democracies of the West, this time around with regard to Ukraine, the US has chosen to be at cross-purposes with them. For instance, in relation to tariff matters and defense expenditure, in the NATO context, the US is pursuing a hard line which puts it at polar opposites with the West. Thus it is no longer possible to talk unreservedly of a ‘Western democratic alliance’. Put plainly, the cause of democratic development has been weakened.

A measure of relief for the supporters of Ukraine in the West could come by way of the upcoming mid-term polls in the US. If the Democratic Party fares well in them the pressure would be on the Trump administration to defer to opposition opinion at home, accommodate the best interests of Ukraine in its West European policy and perhaps even work towards a diplomatic solution to the Ukraine crisis in cooperation with Russia. Accordingly, the Democratic Party would need to put the Trump administration on the defensive, so to speak.

Until such time Ukraine’s Western supporters have no choice but to remain committed to it, ensure its steadfast defense against the invasion and work judiciously towards keeping the economic pressures at home in check.

Interestingly, at the present juncture in international politics the US could be said to be more weak than strong. For example, it has to some extent been militarily humbled by Iran; so much so it is resorting to economic means to keep Iran in check.

In keeping with this strategy, the US has launched ‘a new big wave of anti-Iran economic sanctions’ at the time of writing, aimed at cutting Iran away from all its major income sources. Some of these relate to digital assets, technology, gold, aviation and shipping. The hoped for result is the complete severance of Iran from the US dollar system.

However, while the UK and EU have no choice but to adhere to their policy of backing Ukraine, going forward they would need to dialogue more closely with the US and ensure that it cooperates with them on outstanding questions, such as Ukraine and the strengthening of democracy. The well being of the world is served when the latter aim is pursued.

Features

“Envisioning Sri Lanka: Beyond Recovery”

Published

23 hours ago

2026/08/27

Sahan Weerasooriya

Prime Minister Dr. Harini Amarasuriya opening the event

OPA 39th Annual Conference calls for Sri Lanka to move Beyond Recovery towards Sustainable Transformation

The Orgnisation of Professional Associations (OPA) successfully concluded its 39th Annual Conference, held recently at the Cinnamon Grand Colombo, under the theme “Envisioning Sri Lanka: Beyond Recovery”.

Held under the patronage of Jayantha Gallehewa, President of the OPA, with the leadership and guidance of Tisara De Silva, President-Elect and Chairman of the 39th Annual Conference, the Conference brought together leading professionals, academics, business leaders and representatives of the public and private sectors to deliberate on Sri Lanka’s next phase of national development.

The Inaugural Session, on August 2026, was graced by Prime Minister Dr. Harini Amarasuriya, as the Chief Guest; Andrew Patrick, British High Commissioner to Sri Lanka, as the Guest of Honour; and Murtaza Jafferjee, Chairman of the Advocata Institute, Sri Lanka, as the Keynote Speaker.

In her address, Prime Minister Dr. Harini Amarasuriya emphasised that overcoming the economic crisis alone should not be Sri Lanka’s ultimate objective, stressing that recovery must serve as the foundation for a broader economic and institutional transformation necessary for sustainable national progress. Reflecting on the difficult period experienced by the country, the Prime Minister noted that Sri Lanka had faced significant economic, social and institutional challenges, which had weakened public confidence and created uncertainty about the country’s future.

She stressed that “recovery only provides the foundation” and that Sri Lanka can move forward sustainably only by using that foundation to bring about meaningful transformation.

The Prime Minister observed that the theme of the OPA’s 39th Annual Conference, “Envisioning Sri Lanka: Beyond Recovery,” aptly encapsulated these national aspirations. She emphasised that Sri Lanka’s objective should not merely be to return to the conditions that existed before the crisis, but to forge a stronger national foundation characterised by robust institutions, a resilient economy, high-quality public services and an enabling environment in which every citizen has the opportunity to thrive.

She further underscored that Sri Lanka’s future development cannot be secured through economic growth and physical development alone. She emphasised that the effective mobilisation of the country’s knowledge, skills and professional expertise, is equally essential to achieving sustainable and inclusive national progress

The Technical Sessions held on 12 August 2026 brought together 19 distinguished experts and professionals representing academia, industry, banking and finance, public health, technology, management and business leadership. Their diverse expertise provided a multidisciplinary platform to examine the critical challenges, emerging opportunities and strategic choices that will shape Sri Lanka’s next phase of development, with particular emphasis on economic transformation, institutional strengthening, digitalisation, private-sector growth, human capital and sustainable development.

The deliberations were structured around four principal sub-themes: “Resilient Recovery and Sustainable Economic Development”; “Future Readiness: Innovation & Transformation”; “Policy for Impact: Advancing Equity, Sustainable Living, and National Well-Being”; and “Leadership, Governance and National Responsibility.”

Across these thematic areas, the sessions explored the structural reforms, institutional requirements and policy choices necessary to move Sri Lanka beyond economic stabilisation towards a more productive, competitive, resilient and inclusive economy. The discussions brought together diverse professional perspectives, enabling participants to examine national priorities through economic, technological, industrial, financial, social and governance lenses.

Particular emphasis was placed on the need to move beyond the diagnosis of problems towards pragmatic, evidence-based and implementable solutions. The deliberations recognised that sustainable national progress requires not only sound policies, but also effective institutions, professional competence, innovation, responsible leadership and the capacity to translate policy into tangible outcomes.

The sessions further underscored the importance of collaboration across sectors, recognising that Sri Lanka’s complex development challenges cannot be addressed in isolation. Stronger engagement among Government, private sector, professional associations, academia and civil society was identified as essential to fostering a coherent national response and ensuring that professional knowledge and expertise are effectively translated into policy and action.

Collectively, the Technical Sessions provided a substantive platform for knowledge exchange, critical reflection and forward-looking dialogue, reinforcing the OPA’s commitment to bringing the country’s professional expertise to bear on the task of building a resilient, innovative, equitable and prosperous Sri Lanka.

The OPA expressed its sincere appreciation to Prime Minister Dr. Harini Amarasuriya, the Chief Guest; Andrew Patrick, British High Commissioner to Sri Lanka and Guest of Honour; and Murtaza Jafferjee, Chairman of the Advocata Institute, Sri Lanka and Keynote Speaker, for their distinguished contributions to the Conference.

Much of what the 39th Annual Conference achieved would not have been possible without the leadership, commitment and generous contributions of Jayantha Gallehewa, President of the OPA; Tisara De Silva, President-Elect and Chairman of the 39th Annual Conference; Eng. Ravi Rupasinghe, General Secretary; Dharshana Wijemanne, Treasurer; Bhanu Wijayaratne, Convener & the Chairman of the Session Planning Committee of the 39th Annual Conference Committee, Past Presidents and Office Bearers; Presidents and representatives of Member Associations; members of the Executive Councils and General Forum; and the distinguished Session Chairmen, Resource Persons and professionals who shared their time, expertise and insights in pursuit of the Conference’s shared vision. The OPA remains immensely grateful to all those whose collective contributions enriched the 39th Annual Conference and strengthened its role as a meaningful platform for professional exchange, informed dialogue and national reflection.

Features

Nostalgia for Lankans in Toronto …

Published

23 hours ago

2026/08/27

Sahan Weerasooriya

‘Avurudu Musical Show 2027,’ a uniquely styled musical Avurudu celebration … Ceymphony Band style.

For Sri Lankans living 14,000 kilometres from home, the sound of home has never felt closer — and that’s thanks to one man and his band.

Since stepping into the spotlight, Gamini Hemalal and the Ceymphony Band have turned into the heartbeat of the Sri Lankan community in Toronto.

Their mission is simple: bring the music, bring the memories, bring the people together. And it’s working.

What turned out to be the talk-of-the-town was their intimate musical evening with Sri Lanka’s legendary crooner Sohan Weerasinghe.

Sohan Weerasinghe: Had
everyone on their feet at the
Angus Glen Golf Club, in
Toronto, Canada

It was a ‘full house’ long before the big date. Tickets vanished within days — demand was that overwhelming.

According to those who were there, it was a truly amazing evening. The hall was packed, the energy electric. Sohan didn’t just sing — he owned the stage.

With his velvet vocals, his charm, and that signature style, he had everyone on their feet. The ladies, especially, couldn’t get enough. No wonder they call him “The Ladies’ Man!”

One attendee summed it up perfectly:

“We had so much fun. It is truly a blessing to have our kids around us, enjoying these beautiful moments together. Thank you, Gamini Hemalal, for such a wonderful evening, with an amazing crowd and an incredible atmosphere. Your hard work and dedication truly made it a special night.

“We also need to say a big thank you to the Ceymphony Band for delivering such an outstanding performance. You all were absolutely amazing! Our entire family had a fantastic time, and we truly enjoyed every moment.

Ceymphony Band: Extremely popular in the scene in Toronto

“Wishing you all continued success. Keep up the amazing work, we can’t wait for the next.”

And the next is already on the cards: ‘Halloween Pissu Baila Party 2026,’ on Friday, 30th October, at the famous Angus Glen Golf Club.

Gamini promises a crazy night of baila, music, dancing and Halloween vibes with the Ceymphony Band. Action runs from 8:00 PM to 12:00 midnight, with plenty of prizes to be won.

Gamini Hemalal: Amazing work for the Sri Lankan community,
in Toronto, Canada

Gamini is also putting together a special event, connected with the 2027 Avurudu celebrations — ‘Avurudu Musical Show 2027,’ a uniquely styled musical Avurudu celebration … Ceymphony Band style.

It’s scheduled to be held on Saturday, 10th April, 2027, also at the Angus Glen Golf Club.

Through music, Gamini Hemalal and Ceymphony are doing what diaspora bands do best — they’re shrinking the distance between two worlds.

One baila beat at a time, one full house at a time, they’re making sure that even in Canada, Sri Lankans feel like home.

Yes, there is plenty of action, indeed, for the Sri Lankan community in Toronto, Canada.