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BASL asks govt. to stop using PTA
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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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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