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JUSTICE FOR ALL

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We are alarmed by the undemocratic measures pursued by President Ranil Wickremasinghe and his government that continue to undermine the rule of law, fundamental rights and democracy in Sri Lanka. Of particular concern is the alarming trend of enacting and threatening to enact laws and regulations that in effect restrict fundamental rights and freedoms and legitimise the democratic backsliding and shrinking civic space.

These laws and regulations, mooted under the pretexts of economic recovery, stabilising the country and ensuring national security, have the potential to further suppress debate and dissent with deep consequences for our fragile democracy. We recognise and condemn this autocratic law reform agenda by an unelected president. ‘Rule by law’ is not Rule of Law, and must be called out for what it is, authoritarianism.

The Sri Lankan people are hard hit by a crisis that has been aggravated by bad governance. The President and his government does not recognise the suffering of the people and also the unequivocal resistance of the people to governance that is divisive, favours the political elite and is detrimental to the interest of the people. The delay to hold elections has stripped the country of its democratic character.

We witnessed a host of measures deployed to stifle dissent. Within weeks of assuming the presidency, we witnessed an attempt to create a High Security Zone using the Official Secrets Act. The proposal was withdrawn in response to robust opposition at the abuse of an archaic law. The Rehabilitation Bureau Bill, introducing once again the narrative of and measures to ‘rehabilitate’ citizens, was proposed. The proposed law had no credible justification, no due process safeguards and failed to secure judicial scrutiny over executive action.

The Bill was challenged in the Supreme Court, resulting in amendments introduced to address some of the potential for abuses of power. Against a backdrop of calls to repeal the PTA, including the well-received Justice for All island-wide campaign in 2022, in March this year the government introduced a draft Anti-Terrorism Act (ATA). The ATA amounts to a draconian proposal that provides broad powers to the police and security forces to arrest and detain individuals, place restrictions on media to publish and report, extensive power to the executive presidency to proscribe organisations, restrict movement, among other alarming provisions.

If introduced, the ATA will be the latest tool by the authorities to crush any form of protest and dissent. Media reports indicate the government plans to introduce a law to establish a Broadcasting Regulatory Commission with broad powers to decide on licenses for media organisations. This is the most recent tool in the playbook to restrict media freedom with alarming consequence for freedom expression in Sri Lanka.

In the name of economic reforms, changes to the social protection scheme of the country is taking place without wide consultation amongst those most affected. Reforms to labour laws have also been floated in a context of heightened citizen uncertainty relating to rising cost of living, unemployment, food security and increased care burden on women.

Justice for All recognises a context of increased surveillance, intimidation and harassment of journalists, protesters and others critical of the government and government sanctioned actions by law enforcement authorities and the military. Violent measures of tear gassing and water cannons in response to peaceful protests became the norm prompting the Human Rights Commission of Sri Lanka to respond with guidelines to the police on protecting fundamental rights of protestors.

We condemn the continued use of the International Covenant on Civil and Political Rights Act (ICCPR Act) by the authorities to suppress free speech and protest. The latest use of this Act is to arrest and detain a stand-up comedian for making a satirical remark alleged to be offensive to Buddhism, and the subsequent arrest of a blogger for sharing that video clip. This law meant to safeguard civil and political rights has since its enactment only been used as a weapon against those who are critical or have an alternative view point and is publicised in a way that installs a divisive racially charged narrative in the Sri Lankan polity.

Moreover, we express deep concern over the intimidatory and inciting language used by the President and some of his cabinet colleagues when referring to critics and political opponents. The labelling of those who have an alternative view point as conspirators effectively undermine the importance of constructive criticism and hinder the growth of a healthy democracy. Furthermore, this insidious rhetoric actively fuels animosity towards those who sincerely raise their grievances in public, advocate for the strengthening of democracy, advocate for policies that serve the people, the upholding of the rule of law, and stand against corruption and the pervasive culture of impunity.

We recognise for its destructive value the measures taken by the President and his government. We note that the consequences of these actions will have a lasting impact on the fabric of our society and shape the lives of the generations to come. The language of economic recovery and national security used to undermine the demands of the people must be resisted. We take this moment to recognize the path our country is on. We reaffirm to ourselves and all those who care for the people of this country that it takes courage and vision to engage in open dialogue, listen to the concerns of the people and genuinely value debate and dissent. A truly democratic society thrives when citizens are given the space to express their views, critique policies, and actively participate in shaping the future of their country.

1. A.A.M. Faaiz

2. Bhavani Fonseka

3. Ermiza Tegal

4. Jayadeva Uyangoda

5. Jayampathy Wickramaratne

6. M.A. Sumanthiran



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Opinion

A harsh reflection of Sri Lanka’s early-warning gap

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Floods caused by Cyclone Ditwah

Cyclone Ditwah:

Cyclone Ditwah, which swept across Sri Lanka at the end of November, caused massive damage to the country, the extent of which need not be mentioned here, as all are aware of it by now. Heated arguments went on among many parties with regard to how this destruction could have been mitigated and who should take responsibility. Although there may have been shortcomings in several aspects of how we responded to Ditwah, this article highlights a critical area that urgently requires attention if we are to protect ourselves from similar hazards in the future.

As is common in many situations, it has once again showcased a concerning weakness in the country’s disaster-management cycle, the gap between issuing early warnings and the expected public response. The Meteorological Department, the Irrigation Department, the National Building Research Organization, and other authorities issued continuous warnings to evacuate well in advance of imminent threats of flooding, landslides, and water hazards. However, the level of preparedness and community reaction fell short, leading to far greater personal property damage, including loss of a few hundred lives.

Sri Lanka is not unfamiliar with natural disasters. One of the most devastating disasters in our history could be considered the 2004 Tsunami event, which resulted in over 35,000 deaths and over $1 billion in property damage in the coastal belt. After the event, the concepts of disaster management were introduced to the country, which we have been adhering to since then. Again in 2016, the country faced massive river flooding, especially in western and southern regions, and until recently experienced repeated floods and landslides due to rains caused by atmospheric disturbances, though less in scale. Each of these events paved the way for relevant authorities to discuss and take appropriate measures on institutional readiness, infrastructure resilience, and public awareness. Yet, Cyclone Ditwah has demonstrated that despite improvements in forecasting and communication, well supported by technological advancements, the translation of warnings into action remains critically weak.

The success of early-warning systems depends on how quickly and effectively the public and relevant institutions respond. In the case of Ditwah, the Department of Meteorology issued warnings several days beforehand, supported by regional cyclone forecasting of neighbouring countries. Other organisations previously mentioned circulated advisories with regard to expected flood risk and possible landslide threats on television, radio, and social media, with continuous updates. All the flood warnings were more than accurate, as low-lying areas were affected by floods with anticipated heights and times. Landslide risks, too, were well-informed for many areas on a larger spatial scale, presumably due to the practical difficulties of identifying such areas on a minor scale, given that micro-topography in hill country is susceptible to localised failures. Hence, the technical side of the early-warning system worked as it should have. However, it is pathetic that the response from the public did not align with the risk communicated in most areas.

In many affected areas, people may have underestimated the severity of the hazard based on their past experiences. In a country where weather hazards are common, some may have treated the warnings as routine messages they hear day by day. As all the warnings do not end up in severe outcomes, some may have disregarded them as futile. In the meantime, there can be yet another segment of the population that did not have adequate knowledge and guidance on what specific actions to take after receiving a warning. This could especially happen if the responsible authorities lack necessary preparedness plans. Whatever the case may be, lapses in response to early warnings magnified the cyclone’s impact.

Enforcing preventive actions by authorities has certain limitations. In some areas, even the police struggled to move people from vulnerable areas owing to community resistance. This could be partly due to a lack of temporary accommodation prepared in advance. In some cases, communities were reluctant to relocate due to concerns over safety, privacy, and the status quo. However, it should be noted that people living in low-lying areas of the Kelani River and Attanagalu Oya had ample time to evacuate with their valuable belongings.

Hazard warnings are technical outputs of various models. For them to be effective, the public must understand them, trust them, and take appropriate action as instructed. This requires continuous community engagement, education, and preparedness training. Sri Lanka must therefore take more actions on community-level disaster preparedness programs. A culture of preparedness is the need of the day, and schools, religious institutions, and community-based organisations can play an important role in making it a reality. Risk communication must be further simplified so that people can easily understand what they should do at different alert levels.

Cyclone Ditwah has left, giving us a strong message. Even an accurate weather forecast and associated hazard warnings cannot save lives or property unless the public responds appropriately. As it is beyond doubt that climate change intensifies the frequency and severity of extreme weather events, people in Sri Lanka have to consider preparedness as a routine part of life and respond to warnings promptly to mitigate damage from future disasters.

(The writer is a chartered Civil Engineer)

by Eng. Thushara Dissanayake

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Opinion

Feeling sad and blue?

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Rowan Atkinson

Here is what you can do!

Comedy and the ability to have a good laugh are what keep us sane. The good news to announce is that there are many British and American comedy shows posted up and available on the internet.

They will bring a few hours of welcome relief from our present doldrums.

Firstly, and in a class of its own, are the many Benny Hill shows. Benny is a British comedian who comes from a circus family, and was brought up in an atmosphere of circus clowning. Each show is carefully polished and rehearsed to get the comedy across and understood successfully. These clips have the most beautiful stage props and settings with suitable, amusing costumes. This is really good comedy for the mature, older viewer.

Benny Hill has produced shows that are “Master-Class” in quality adult entertainment. All his shows are good.

Then comes the “Not the Nine o’clock news” with Rowan Atkinson and his comedy team producing good entertainment suitable for all.

And then comes the “Two Ronnies” – Ronnie Barker and Ronnie Corbett, with their dry sense of humour and wit. Search and you will find other uplifting shows such as Dave Allen, with his monologues and humour.

All these shows have been broadcast in Britain over the last 50 years and are well worth viewing on the Internet.

Similarly, in The USA of America. There are some really great entertainment shows. And never forget Fats Waller in the film “Stormy Weather,” where he was the pianist in the unforgettable, epic, comedy song “Ain’t Misbehavin”. And then there is “Bewitched” with young and glamorous Samantha Stevens and her mother, Endora who can perform magic. It is amazing entertainment! This show, although from the 1970s was a milestone in US light entertainment, along with many more.

And do not overlook Charlie Chaplin and Laurel and Hardy, and all the Disney films. Donald Duck gives us a great wealth of simple comedy.

The US offers you a mountain of comedy and good humour on Youtube. All these shows await you, just by accessing the Internet! The internet channel, ‘You tube’ itself, comes from America! The Americans reach out to you with good, happy things right into your own living room!

Those few people with the ability to understand English have the key to a great- great storehouse of uplifting humour and entertainment. They are rich indeed!

Priyantha Hettige

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Opinion

There is much to learn

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After the recent disaster, a great deal of information has been circulating on WhatsApp and YouTube regarding our reservoirs, highways, etc.

In many of these discussions, people have analysed what went wrong and how the damage could have been prevented. My question is this: why do all these knowledgeable voices emerge only after disaster strikes? One simple reason may be that our self-proclaimed, all-knowing governing messiahs refuse to listen to anyone outside their circles. It is never too late to learn, but has any government decision-maker read or listened to these suggestions?

When the whole world is offering help to overcome this tragedy, has the government even considered seeking modern forecasting equipment and the essential resources currently not available to our armed forces, police, and disaster-management centres?

B Perera

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