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Ex-HRCSL head challenges ‘Bureau of Rehabilitation Bill’
alleges govt. targeting protesters
Alleging that those who participated in the recent protests could be targeted, former Human Rights Commissioner Ambika Satkunanathan moved the Supreme Court last Friday (30 Sept.) against the ‘Bureau of Rehabilitation Bill’.The Attorney-at-Law named Attorney General Sanjay Rajaratnam, PC, as the respondent. The fundamental rights petition has been filed in terms of Article 121(1) of the Constitution challenging the Bill, titled “Bureau of Rehabilitation Act”. The petitioner has stated that provisions of the Bill were inconsistent with the fundamental rights enshrined in the Constitution of Sri Lanka that guaranteed freedom from arbitrary arrest and detention, torture and ill-treatment, and unequal treatment and discrimination.
Satkunanathan served the Human Rights Commission during the Yahapalana administration at the time Dr. Deepika Udagama functioned as the independent commission’s chairperson.The petition states that the Bill purports to establish a Bureau for the rehabilitation of “drug dependent persons, ex-combatants, members of violent extremist groups and any other group of persons who require treatments and rehabilitation”.
Notwithstanding the fact that these categories are ill-defined and do not clarify how persons may qualify for rehabilitation under these categories, the Bill assumes that “members of violent extremist groups” and “drug dependent persons” require that same approach to rehabilitation. The use of such vague and arbitrary classifications can thus lead to persons being detained for rehabilitation for even participating in protests, as recent arrests of protesters, under the Prevention of Terrorism Act, have demonstrated.
The government has previously attempted to introduce a similar rehabilitation programme under the “Prevention of Terrorism (De-radicalization from holding violent extremist religious ideology) Regulations No. 01 of 2021”. The petitioner filed a fundamental rights petition against these regulations, as well, in SC FR Application No. 107/2021 as they contained provisions that contravened articles of the Constitution. The Supreme Court granted leave to proceed, issuing an interim order against the regulations being applied until the final determination of the application. The petitioner states the Bill in its current format is similarly ex facie unconstitutional and impinges on fundamental rights.
The petitioner has raised concerns against the militarisation of the rehabilitation process by way of section 17 of the Bill, which allows the President to designate any member of the armed forces to exercise, perform and discharge the powers, duties and functions under the Act. The petitioner states that there is no connection between the rehabilitation process and involvement of the armed forces, and the lack of a clear chain of command restricts oversight and accountability of the actions of the members of the armed forces. These concerns are exacerbated due to section 25 of the Bill, whereby officers of the Bureau are prevented from disclosing information about the ongoing activities at the Centres, which threatens the welfare of persons detained for the purposes of rehabilitation.
The petitioner has cited other provisions of concern in the Bill, including section 28 (2) where persons employed at the Centres for Rehabilitation “to preserve order and discipline” may use all means “including minimum force as may reasonably be necessary to compel obedience to any lawful directions’’, which enables the use of violence against persons detained at the centres. Section 27 makes the obstruction or attempted obstruction of any person employed at a Centre for Rehabilitation in the performance of their duties an offence punishable by a fine and/or imprisonment, without defining what may constitute an obstruction. For instance, relapse and withdrawal symptoms are expected aspects of drug treatment processes, but under the above-mentioned provisions, persons engaging in such behaviour could be subjected to punishment.
The petitioner has requested the Supreme Court to declare several sections of the Bill, as outlined in the petition, inconsistent with Articles 10, 11, 12(1), 12(2), 13(2), 13(4) and/or 14A of the Constitution of Sri Lanka as they violate the fundamental rights and Sovereignty of the People contrary to Article 3 and 4 of the Constitution, and therefore cannot be enacted into law except if approved by the People, at a Referendum, in addition to a two-thirds vote of the whole number of the members of Parliament in favour.
News
Discussion on Sri Lanka Customs’ contribution for National Export Development Plan
A discussion on the modernisation initiatives required within the Sri Lanka Customs and measures to encourage exporters in support of implementing the National Export Development Plan (NEDP) 2026–2030 was held on Wednesday (17) morning at the Presidential Secretariat under the patronage of Secretary to the President, Dr. Nandika Sanath Kumanayake.
The meeting, organised by the Revenue Administration Reform and Modernization Bureau established under the Presidential Secretariat, focused extensively on the modernisation measures required within Sri Lanka Customs to facilitate the expansion of exports.
During the discussion, the Secretary to the President instructed Sri Lanka Customs to enhance the capacity, facilities and modernisation of the Export Facilitation Centre, where export containers are inspected, in order to create a more efficient and exporter-friendly environment.
Attention was also drawn to developing a programme aimed at encouraging exporters across the country to enter the export sector. The Secretary to the President further emphasised the need to review the Temporary Import for Export Processing (TIEP) scheme currently operated by the Customs Industrial Facilitation Division and to introduce a programme to support small and medium-sized enterprises (SMEs) that have not yet engaged in export activities.
The meeting also explored the possibility of decentralising customs operations to support the expansion of the export sector, with particular attention given to establishing a Customs Export Centre in Jaffna.
Discussions were also held on removing barriers affecting exports conducted through e-commerce platforms. It was decided to hold further discussions with the Department of Posts on measures that could be taken jointly to streamline these processes.
Participants also discussed introducing digital systems to expedite document processing, thereby reducing both, time and costs, as well as implementing a risk-based assessment mechanism that would provide greater facilitation for low-risk exporters.
It was further decided that Sri Lanka Customs, the Sri Lanka Export Development Board (EDB) and other relevant institutions would meet monthly under the leadership of the Revenue Administration, Reforms and Modernisation Bureau of the Presidential Secretariat to review progress, identify challenges faced by exporters and discuss appropriate solutions.
The National Export Development Plan has been formulated in line with the national vision, “A Thriving Nation – A Beautiful Life”, with the objective of enhancing Sri Lanka’s export competitiveness and achieving an ambitious yet realistic export revenue target of USD 36 billion by 2030.
Director General of Customs Wimal Liyanagama, Chairman of the Sri Lanka Export Development Board (EDB) Mangala Wijesinghe, Additional Directors General of Sri Lanka Customs T. Loganathan and L.K.S.D.K. Arewatta, Director of the Sri Lanka Export Development Board Dr. Sanjeewa Rathnasekara, Director of the Revenue Administration, Reforms and Modernisation Bureau of the Presidential Secretariat W.L.C. Thilakasiri and senior officials from Sri Lanka Customs and the Sri Lanka Export Development Board were also present.
[PMD]
News
Military held land: Govt. trying to maintain balance between security and civilian needs
The NPP government is trying to maintain a balance between continuing demands for releasing north-east land held by the military and post-war security requirements, says Deputy Defence Minister Major General Aruna Jayasekera (Retd), who has undertaken a series of visits to the northern and eastern provinces in the recent past to explore ways and means of releasing the land, without compromising national security requirements.
Since the armed forces brought the war to a successful conclusion in May, 2009, releasing of both privately- and state-owned land began cautiously in October, 2009, and by now over 90 percent of both categories have been released. At the height of the war, before the launch of Eelam War IV, in August 2006, Jaffna peninsula had the largest concentration of troops assigned to four Divisions.
In the first week of June, Deputy Minister Jayasekera visited the Trincomalee District to ascertain the situation. The Defence Ministry said that the Deputy Minister had assessed the current status of such lands and received briefings from senior military officers and relevant officials on security and administrative aspects regarding the properties.
Following the field inspection, the Deputy Minister chaired a meeting at the Governor’s Secretariat Office where the discussion focused on what the Defence Ministry called a balanced and practical approach to address land-related issues, protect the livelihoods of the people, and ensure that national security requirements were properly managed.
Jayasekera, with a career spanning well over three decades, retired in November, 2019, after having last served as the Eastern Commander for about a year.
During his June visit, the Deputy Minister visited various security forces establishments, including the 22 Infantry Division.
A senior retired military official said that those who had been demanding that all security forces held land, both state- and privately-owned, be released, have conveniently forgotten that this was made possible due to the eradication of the LTTE.
The Deputy Defence Minister conducted a series of field visits in the Jaffna and Wanni regions to assess the security situation and operational commitments. According to the Defence Ministry, the Deputy Minister addressed senior tri forces personnel at the Security Forces Headquarters – Jaffna (SFHQ-J) and the Security Forces Headquarters – Wanni (SFHQ-Wanni).
The Deputy Minister chaired civil-military coordination meetings in the Mannar and Jaffna districts to the ongoing land ownership issues, fostering socio economic growth, and streamlining local infrastructure layout in close cooperation with the regional administrative mechanism. The Ministry said that the Deputy Minister inspected agricultural zones, private residences and public common areas, presently placed within the operational infrastructure of the Sri Lanka Navy across several locations, in Mullikulam, Silawathura, Talaimannar, Wankalapadu, and Pallimune.
Members of Parliament for the Vanni Electoral District, Selvam Adaikalanathan, Kader Masthan, Thurairasa Ravikaran and the District Secretary for Mannar were also present at the meeting where matters related to socio economic grievances, local infrastructure demands, and land rights of the local residents were central topic in the agenda.
The Deputy Minister of Defence chaired a second meeting at the Governor’s Office in Jaffna where the main focus was existing land issues in the districts of Vavuniya, Mannar, Mullaitivu, Kilinochchi, and Jaffna.
The Jaffna proceedings were co-chaired by the Minister of Fisheries, Aquatic and Ocean Resources and Chairman of the District Coordinating Committee for the Jaffna and Kilinochchi Districts Ramalingam Chandrasekar and Deputy Minister of Co-operative Development Upali Samarasinghe.
The Defence Ministry said that stability depended on striking an optimal balance between prioritising national security obligations and resolving outstanding issues related to both state owned and privately used lands. “We are implementing a transparent mechanism to swiftly transition designated lands back into the hands of local communities for housing, fishing, and agriculture.”
The participation of the Commander of the Army and the Commander of the Navy underscored the importance of the discussions held in the north.
In the Mannar region the focus was on lands, presently used by the Navy, in the areas of Mullikulam, Silawathura, Talaimannar, Wankalapadu, and Pallimunai.
Authoritative sources said that since the end of the war, the military had given up held areas and what remained occupied were essential for security purposes. The depletion of the area under direct control should be examined taking into consideration gradual overall reduction of combined security forces strength over the years. At the end of the war, the Army had approximately 205,000 officers and men, both regular and volunteer. That figure has been reduced to 150,000 to 160,000. In line with the government thinking the Army strength would be brought down to 100,000 by 2030, a plan first announced by President Ranil Wickremesinghe.
By Shamindra Ferdinando
News
Yoshitha granted bail, travel ban imposed
Colombo Chief Magistrate Lahiru de Silva yesterday granted bail to Yoshitha Rajapaksa, second son of former President Mahinda Rajapaksa, on three sureties of Rs. 5 million each, and imposed an overseas travel ban.
The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) arrested Yoshitha yesterday morning when he called over to make a statement regarding an ongoing investigation into his recruitment to the Sri Lanka Navy and training at the UK Royal Naval Academy.
CIABOC said that the arrest had been made in connection with an investigation into the 2006 recruitment of cadet officers to the executive branch of the Sri Lanka Navy.
It has been alleged that individuals were recruited without meeting the required qualifications and state funds were used outside established procedures for their training at the Royal Naval Academy in the UK.
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