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Civil society calls for immediate moratorium on use of PTA
Civil society groups and individuals have called for an immediate moratorium on the use of the Prevention of Terrorism Act (PTA).
In a statement titled ‘Civil Society Statement on Government Proposals to Reform the Prevention of Terrorism Act’, they said: We reiterate that national security cannot be achieved by creating insecurity for already discriminated against and marginalized communities, and call for the repeal of the PTA. The repeal of the PTA must also be considered in light of the anti-terrorism and public security legal framework that Sri Lanka has in place, and the historical abuse of power by state entities.”
Full text of the statement: In June 2021 the government of Sri Lanka announced it would ‘reform’ the Prevention of Terrorism Act (PTA) and appointed a Ministerial Sub-Committee for that purpose. It was reported in the media that Kamal Gunaratne, the Secretary, Ministry of Defence and the head of the Technical Committee that functions under the Ministerial Sub-Committee, submitted the Technical Committee’s recommendations to the Ministerial Sub-Committee in November 2021.
Historically, for decades, the PTA has been weaponized against the Tamil community, and following the Easter attacks against the Muslim community as well. This has resulted in the victimization of members of these communities. It was also used against the Sinhalese during the JVP insurrection and now against dissenters. We reiterate that any process which seeks to tackle issues related to the PTA must address this factor to ensure those adversely affected by the law will receive justice, including reparations.
While the government has not shared its plans for the supposed “reform” of the PTA with the public, we note the Sri Lanka Consensus Collective’s (SLCC) statement of 29 November 2021 sets out proposals for reform the government shared with the said group. In the absence of official communication by the government, we consider the elements contained in the SLCC statement as the changes being deliberated by the government. We note that nearly all so-called changes proposed already exist in law and do not address any of the shortcomings in the PTA that enable grave human rights violations.
We call for repeal of the PTA and in the interim an immediate moratorium on the use of the law. This is in line with the requests of persons and communities adversely affected by the law. We reiterate that any law that purports to deal with terrorism must adhere to international human rights standards. In this regard, we set out below the provisions of the law that result in egregious human rights violations and the minimum standards that have to be followed to ensure the protection of fundamental rights.
The critical factor to take note is that the PTA is a human rights deficient law that does not adhere to basic human rights standards enshrined in international conventions, such as the International Covenant on Civil and Political Rights (ICCPR), which the government of Sri Lanka has ratified and hence has an obligation to respect and protect. Nor does it adhere to many provisions in the Constitution of Sri Lanka. In this context the following are key provisions in the PTA that result in grave human rights violations:
The PTA does not contain a definition of terrorism. Instead, the offences stipulated are those found in other laws, such as the Penal Code, to which the PTA makes reference. Hence, the decision as to whether the PTA would apply in a certain instance is a subjective decision that can be shaped by personal prejudice and bias, rather than objective standards. In this regard, the PTA does not adhere to the definition set out by the UN Special Rapporteur on Countering Terrorism while Protecting Human Rights. For instance, post- Easter attacks even persons with books in Arabic and decorative swords were arrested. Similarly, those memorializing the lives lost at the end of the war have been arrested.
The lack of basic due process safeguards in the PTA enables arbitrary arrest and detention, which continue to date. This is exacerbated by the lengthy periods of administrative detention. For example, for decades we have witnessed persons who had any connection to a person accused of an offence in the normal course of their employment or personal life being arrested, without investigations being conducted, and detained for months.
We reiterate that arrests should be made based only on evidence following investigation or reasonable suspicion.
The detention period should be that stipulated in the Code of Criminal Procedure and any extension of detention should be made by a judge, who should be satisfied of the reasons for continued detention and exercise discretion as to whether or not to extend detention.
There is documented evidence, including Supreme Court decisions and the Human Rights Commission’s (HRCSL) reports, which illustrate that the admissibility of confessions made to an Assistant Superintendent of Police (ASP) or above as evidence, has resulted in persons being tortured to extract confessions. This has normalized and entrenched the use of torture. Even if the confession is ruled inadmissible during trial, the existence of the provision creates room for persons to be subject to torture. This not only violates basic due process and fair trial rights of a person accused of an offence, but also calls into question the competence of the criminal justice system that has to rely on confessions to prosecute persons. Such a provision, which is a deviation from the norm, has no place in law. Instead, current provisions in the Code of Criminal Procedure and the Evidence Ordinance should be followed with regard to the admissibility of confessions.
Section 7(3) allows a person to be taken out of judicial custody to any other place for investigation. Section 15A empowers the Secretary, Ministry of Defence, to determine a person’s place of detention even after the person is remanded. This removes a person from the protection of judicial custody and empowers the Secretary to override a judicial order. The incident in September 2021 of the Minister of Prison Reforms and Prisoners Rehabilitation Affairs entering Anuradhapura prison and reportedly threatening persons detained under the PTA with a weapon and verbally abusing them illustrates the insecurity faced by such persons even when in judicial custody. Removing them from judicial custody would only exacerbate their vulnerability. As the Human Rights Commission’s national study of prisons documented, persons remanded under the PTA were subjected to severe torture when taken out of judicial custody or held in other places upon the instructions of the Secretary, Ministry of Defence.
Persons detained under the PTA spend a prolonged period of time in pretrial detention because the Act requires such persons to remain in remand custody until the conclusion of the trial, unless the Attorney General consents to the release on bail. For all arrests, provisions of the Bail Act should apply, and bail should be denied only if any of the exceptional circumstances set out in the Bail Act are met.
The PTA allows the Minister of Defence to issue Restriction Orders for up to 18 months. Restriction Orders can be used to prevent people from engaging in political activities, speaking at events, or advising an organisation. Such orders allow civic rights to be curtailed arbitrarily by the Minister with no due process, transparency or accountability.
The SLCC statement mentions the government stated that for the very first time a detained person would be able to challenge administrative detention in the Supreme Court. We point out that the right to challenge arbitrary detention, including under the PTA, is enshrined in the Constitution of Sri Lanka and is not a new right that any proposed reform could bestow. The challenge many detained persons face in accessing this existing right is the administrative restrictions on access to lawyers and lack of financial resources to retain competent counsel.
Similarly, the HRCSL Act already mandates the Commission to monitor the welfare of persons deprived of liberty and empowers it to access any place of detention unannounced. However, following the 20th Amendment to the Constitution in 2020, the HRCSL is no longer a legally independent body as appointment of the officers of the Commission is at the discretion of the President. This adversely impacts the activities of the Commission as well as public trust in the institution.
The Advisory Board established by Section 13 of the PTA, as we have pointed out in the past, is an inadequate protection mechanism that is not independent as its members are appointed by the President. Further, the Minister of Defence has the power to make rules on how the Board deals with representations made by detained persons. It therefore does not act as a safeguard against executive abuse of power. Any non-judicial mechanism that is established to decide on/recommend the release of persons detained under the PTA must be independent and entities, such as the Attorney-General’s Department, should not be able to veto its decisions.
The proposals shared by the government with SLCC fail to address the fundamental shortcomings of the PTA. Instead, they propose changes that already exist but are often observed in the breach.
We note with deep concern that the functioning of the aforementioned committees was not transparent and the recommendations were formulated without any consultation with members of civil society who have been working on issues related to the PTA or persons affected by the law. We call for greater transparency in the reform process from this point onwards and request the government to inform the public of the process for consultation and the proposed timeline for reform.
We reiterate that national security cannot be achieved by creating insecurity for already discriminated against and marginalized communities, and call for the repeal of the PTA. The repeal of the PTA must also be considered in light of the anti-terrorism and public security legal framework that Sri Lanka has in place, and the historical abuse of power by state entities. These entities should not be bestowed with additional power.
The way forward must give due recognition to the protection of physical liberty. Deprivation of physical liberty by the executive must be used only as last resort and strictly require sufficient basis that is determined on objective factors, judicial supervision of such basis, prompt and free access to legal representation including legal aid, prompt trials or release, and an enforceable right to compensation for arbitrary detention. The prohibition of arbitrary deprivation of liberty has acquired customary international law status and constitutes a jus cogens norm which Sri Lanka is duty bound to secure for its citizens.
The balance the government wishes to achieve between personal liberties and national security can only be achieved through addressing the root causes of conflict and violence. Attempts to further curtail civil liberties in the guise of national security will only exacerbate the insecurity of all communities and undermine the rule of law and democracy in Sri Lanka.
Signatories of the statement were: S. Annalaxumy, Bisliya Bhutto, S.C.C. Elankovan, Lawyer and Development Consultant Philip Dissanayake, A.M. Faaiz, Brito Fernando, Nimalka Fernando, Ruki Fernando, Aneesa Firthous, Amarasingham Gajenthiran, T.Gangeswary, K. Ginogini, Ranitha Gnanarajah AAL, B. Gowthaman, S. Hayakirivan, Director, THALAM, V. Inthrani, Noorul Ismiya, Vasuki Jeyshankar, Dr. Sakuntala Kadirgamar, S. Kamalakanthan – Social Activist, Mahaluxmy Kurushanthan, Kandumani Lavakusarasa, Human Rights Activist, Jensila Majeed, Buhary Mohamed, Human Rights Activist, Juwairiya Mohideen, Jaabir Raazi Muhammadh, Chairman, Voices Movement, P. Muthulingam, Thangaraja Prashanthiran, Dorin Rajani, Maithreyi Rajasingham, Executive Director, Viluthu , A.R.A. Ramees, V. Ranjana, Anuratha Rajaretnam, K.S. Ratnvale, Yamini Ravindran, AAL, Kumudini Samuel, Thurainayagam Sanjeevan, Shreen Saroor, Ambika Satkunanathan, Rev Fr S D P Selvan,
S. Selvaranie, Vanie Simon, P. N. Singham, Usha Sivakumar, N. Sumanthi, Vani Sutha, Ermiza Tegal, S. Thileepan – Social Activist, P Vasanthagowrey, Rev Fr Yogeswaran, Adayalam Centre for Policy Research, Alliance for Minorities, Centre for Human Rights and Development, Centre for Justice and Change, Eastern Social Development Foundation, Families of the Disappeared, Forum for Plural Democracy, Law and Society Trust, Mannar Women’s Development Federation, Rural Development Foundation, Tamil Civil Society Forum, Viluthu and Women’s Action Network
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Unions resist tripartite EPF management plan
… warn of dire consequences
A group of trade unions and civil society groups has requested President Anura Kumara Dissanayake to abandon his government’s controversial plan for the proposed tripartite management of the EPF.
The group has told the President: “We strongly object to the government’s plan to transfer the EPF to a tripartite board—jointly promoted by the Employers’ Federation of Ceylon (EFC), International Monetary Fund (IMF) and the International Labour Organisation (ILO)—and to increase the investments of those funds within private equity and debt markets.
“While the EFC and the government jointly project this plan as a ‘modern governance framework’, it poses a serious threat to the EPF’s financial stability, fiduciary conduct, and returns to workers’ life savings, with severe consequences for broader macroeconomic stability. Rather than replacing the corruption existing in the public sector, this tripartite framework paves the way for a corporate takeover of the EPF. Through this, the fund is exposed to unlawful business practices such as insider trading using internal information of EPF investments, conflicts of interest and corporate bailouts of unstable private companies.
“Sri Lanka’s corporate sector has a tremendously negative track record, which you alluded to during your victorious election campaign in 2024. This was recently unravelled by the multi-billion-dollar illicit capital flight through trade misinvoicing, which your administration is now actively working to curb in the imports sector.
“The recent banking sector fraud exceeds Rs. 13 billion; widespread corporate tax evasion destabilised the fiscal position (Sri Lanka Auditor General’s Department Annual Reports) and consequently inflated the tax burden on the general public. The EFC has found it convenient to remain silent about these crimes, possibly assuming that their silence would preserve their social standing. Considering this inherent corruption within Sri Lanka’s corporate sector and its disregard to the living standards of the general public, there is no realistic basis to integrate corporate interests to actively manage the EPF. The corporate sector of Sri Lanka has not developed sufficiently on technical and ethical grounds to safely entrust the largest retirement savings pool in the country. The EPF is a captive fund that has no mechanism for the owners to divest if the management is corrupt. This further increases the possibility of corporate fraud when the management of the fund is jointly held with the corporate sector.
“Furthermore, during the recent public discussion with trade unions, Deputy Minister of Finance Dr. Anila Jayantha pointed out that the domestic debt restructuring (DDR) would inflict a loss of Rs. 600 billion to the EPF. Our independent calculations—formally submitted as an affidavit to the Supreme Court approved by the Federation of University Teachers’ Associations in 2024—reveal that nominal loss alone is Rs. 634.4 billion. When factoring in foreclosed reinvestment returns, the true loss skyrockets to Rs. 1,711 billion, wiping out 48% of the fund’s projected gross income for the 2023 – 2028 period. Under the pretext of safeguarding the banking system, this colossal robbery preserved high yields on government bonds held by commercial banks and high-net-worth individuals, subsequently reaping them astronomical profits. Now, the exact same plunder is rearing its head again disguised as a tripartite committee.”
“The main arguments supporting our resistance and viable alternatives for optimising EPF management directly under the Central Bank of Sri Lanka (CBSL), are outlined below.
“Objections to the government’s tripartite proposal:
1. The “International best practice and conflict of interest fallacies”
The government holds that tripartite management of pension funds is the “international best practice” and that there is a “conflict of interest” in CBSL managing the EPF. They are key pillars justifying government’s tripartite proposal.
These two positions are shockingly misleading given that four of the five largest pension funds in the world, in Norway, Japan, the U.S., and Singapore, are managed directly by state bodies or central banks. Therefore, ‘international best practice’ in pension fund management is the exact opposite of what the government and the IMF are proposing. We hence reject these baseless positions.
2. Corporate captivity and bailouts
It is clear that the EFC is desperately pushing for this proposal at a time of global uncertainty, to cushion the effects of the crisis and maximise gains. Under corporate influence within the proposed tripartite board, the private conglomerates can use the multi-trillion-rupee EPF to continue their unstable commercial operations without having to risk their own capital or savings to do so. This will severely erode the financial stability of the EPF and its returns.
3. Risk of front running
“Because the EPF is a colossal fund, its investment decisions can alter asset prices. This creates immense monetary value for the information generated by its investment decisions. Corporate representatives on the proposed tripartite board will be perfectly positioned to use this information to trade ahead of the EPF (front-running), buying assets cheaply and dumping them onto the EPF at inflated prices for guaranteed corporate gain, resulting in a reduction of returns to the EPF.
4. Unavoidable loopholes
“Presence of a separate group of investment analysts, trade union representatives and government officials within the proposed tripartite structure cannot prevent pre-market corporate access to EPF’s investment decisions. Investment proposals made by the analysts has to be first approved by the proposed tripartite committee, making it impossible to prevent corporate access to insider information on EPF investments.”
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Two arrest warrants issued for Gnanasara thera
The Colombo High Court and Court of Appeal yesterday issued arrest warrants for the Bodu Bala Sena general secretary Galagoda Aththe Gnanasara in a case involving an alleged statement insulting Islam.
The arrest warrants were issued on Tuesday and Wednesday. The Court of Appeal issued an open warrant two weeks after the court rescinded the presidential pardon granted to the thera when he was serving a six-year term for contempt of court.
The Appeals Court also imposed a travel ban on the monk and ordered that the Controller General of Immigration and Emigration be informed of the restriction.
The case was taken up before Colombo High Court Judge Buddhika C. Ragala. Gnanasara Thera was not present when the case was called.
A medical report was submitted stating that Thera was unwell, while his sureties also failed to appear before court. His counsel, Asoka Weerasuriya, told court that his client wished to bring the case to an early conclusion and that representations had been made to the Attorney General in that regard.
However, after considering the submissions, the High Court judge said he was not satisfied with the medical report submitted on behalf of the accused. The court also noted the failure of the sureties to appear.
The judge subsequently ordered that Gnanasara Thera be arrested and produced before court.The Attorney General filed the case under provisions of the Penal Code, alleging that remarks made by Gnanasara Thera concerning the Holy Quran amounted to an insult to Islam.
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