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Proposed Anti-terrorism Bill a grave threat to human rights and individual freedom: LDM

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The proposed Anti-terrorism Bill is a grave threat to human rights and individual freedom as it would shrink the democratic space in society, the Lanka Democratic Movement (LDM) said.

The full statement issued by the LDM is as follows: “We strongly oppose the proposed Anti-terrorism bill, which threatens to undermine democracy and erode judicial oversight over detentions. This bill has the potential to stifle the right to peaceful protest and poses a grave threat to individual freedoms. The new law introduces more draconian measures than the current Prevention of Terrorism Act (PTA), which we believe curtail human rights and individual freedom.

We call on all those who value freedom and the rule of law to join us in defeating this bill. The right to protest peacefully is a fundamental pillar of any democracy, and this bill threatens to crush it. We urge the government to reconsider this proposed legislation and uphold the principles of democracy, freedom, and human rights for all.

It is apparent that the current government intends to utilize the proposed Anti-terrorism Bill as a means to consolidate their hold on power by suppressing opposing voices. However, the nature of such repressive laws is that even their architects can become victims of them when governments change. Therefore, those who support the Anti-terrorism Bill today must remember that a future government could potentially employ the same legislation to stifle them.

In a democratic society, the rule of law and the protection of fundamental human rights are crucial principles that must be upheld. Counter-terrorism measures must respect these principles and avoid infringing upon the rights of citizens.

Any counter-terrorism law should be transparent, accountable, and subject to judicial oversight to prevent abuse of power. It should also include clear definitions of what constitutes terrorism and what actions are prohibited, to prevent arbitrary or excessive use of force.

Additionally, any new counter-terrorism law must be proportionate to the threat faced and should not unduly restrict the freedom of speech, association, or assembly. Safeguards should also be in place to protect against racial profiling and discrimination.

Overall, it is possible to introduce counter-terrorism laws without violating basic tenets of democracy, but it requires careful consideration and balancing of the need for security with respect for individual rights and freedoms. Unfortunately, the Government has failed to adhere to these basic tenets of democracy when designing the Anti-Terrorism Bill.”



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United Republic Front presents ‘A united step for the country’ to the President

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Leader of the United Republic Front Member of Parliament Patali Champika Ranawaka, presented the proposal titled “A United Step for the Country” to President Ranil Wickremesinghe , at ‘Srikota’, the United National Party headquarters in Colombo this morning (24).

Speaking at the event President Ranil Wickremesinghe, highlighted the government’s concerted efforts over the past two years to stabilize the country’s economy, which had faced significant challenges. Stressing the government’s commitment to steering the economy towards recovery through strategic reforms, the President expressed his determination to continue these initiatives with the collective support of everyone.

Recalling his open invitation to all political parties to unite under a common agenda for the country, regardless of political differences, the President reiterated his willingness to embrace constructive proposals from all political parties as part of the nation-building efforts.

The President responded positively to the request made by Member of Parliament Patali Champika Ranawaka to allow other political parties to participate in the upcoming negotiations with the International Monetary Fund (IMF) next month concerning the restructuring of foreign debt.

President Ranil Wickremesinghe, responding queries about the scheduling of elections, affirmed that the Presidential Election will proceed as scheduled, with the General Election anticipated to take place early next year.

 

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Opp. fears govt. discarding SC recommendations on ‘Anti-Terrorism’ Bill

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Prof. G. L. Peiris

Prof. Peiris highlights need for ex post facto judicial review

By Shamindra Ferdinando

Former External Affairs Minister Prof. G. L. Peiris, MP, said that Speaker Mahinda Yapa Abeywardena’s refusal to accept that Supreme Court recommendations hadn’t been accommodated in ‘Online Safety Act No 09 of 2024’, would undermine their faith in the committee stage of a particular Bill.

The dissident SLPP MP said so when The Island sought his opinion on the SC determination on the ‘Anti-Terrorism’ Bill.

Against the backdrop of the continuing controversy over the circumstances under which the Parliament enacted the ‘Online Safety Bill’, the Opposition was seriously concerned about the Wickremesinghe-Rajapaksa government adopting the same strategy in passing the ‘Anti-Terrorism’ Bill.

Prof. Peiris emphasised that the Speaker even ignored the Human Rights Commission advice that SC’s recommendations hadn’t been accommodated. The academic, who recently aligned himself with the SJB, said that the genuine Opposition shared his concerns.

Several parties challenged the ‘Anti-Terrorism’ Bill in the SC in terms of Article 121(1) of the Constitution. The determination of the SC as to the Constitutionality of the Bill concluded as—

(a) Clause 3, Clause 42, Clause 53, and Clause 70 of the Bill are inconsistent with Article 12(1) of the Constitution and required a special majority to be passed by Parliament.

(b) However, the SC stated that the said inconsistencies can be ceased if the said Clauses are amended as per the Determination of the Court.

(b) Clause 4 has to be suitably amended as per the Supreme Court Determination. Clause 72 (1) is unconstitutional and needs to be passed by a Special Majority and a Referendum. The unconstitutionality will cease if this Clause is amended as per the Determination of the Supreme Court.

(c) Correspondingly, Clause 72(2) must be amended in accordance with the Determination.

(d) Clause 75 (3) infringed the Article 4 (c) read with Article 3 of the Constitution and required 2/3 majority and a Referendum. The invalidity will cease 7 upon the amendments suggested in the Determination.

(f) Clause 83 (7) requires a special majority to be passed into law. It has to be suitably amended as per the Supreme Court Determination.

Further, the Supreme Court has determined that subject to the amendments that have adumbrated to the provisions of the Bill by the Supreme Court, the Bill could be enacted into law with a Simple Majority only if the amendments determined by the Supreme Court are introduced to the provisions.

Prof Peiris said that the crisis highlighted the need for ex post facto judicial review, for which there is at present no provision in Sri Lanka. The position is otherwise in countries like the USA and India where an Act of Parliament can be impugned, even after completion of the legislative process, on the ground of conflict with imperative provisions of the Constitution. Such provision existed in Sri Lanka prior to the First Republican Constitution of 1972.

The former minister said that in the draft Constitution Bill which he presented to Parliament on 3 August 2000 on behalf of the Government of President CBK, appropriate provision in this regard was included. “Unfortunately, the Constitution was burnt in the Chamber of Parliament. This gap in our law should be filled, in my view, when a comprehensive exercise in constitutional reform is undertaken by a new Administration after the conduct of national elections this year.”

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US Deputy Secretary of State Richard Verma visits Sri Lanka

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Deputy Secretary of State of the United States of America Richard Verma visited Sri Lanka from last Thursday to yesterday, the Ministry of Foreign Affairs said in a press release.

The visiting U.S. Deputy Secretary of State and delegation had extensive discussions with Foreign Minister Ali Sabry at the Ministry of Foreign Affairs on further strengthening bilateral cooperation. The U.S. Deputy Secretary of State also paid a courtesy call on President Ranil Wickremesinghe following the discussions at the Ministry of Foreign Affairs.

Foreign Minister Ali Sabry, while appreciating the humanitarian and emergency assistance granted by the U.S. to overcome the economic challenges encountered by Sri Lanka, welcomed the recent US$ 553 million development assistance extended by the U.S. International Development Finance Corporation to the Colombo West International Terminal Private Limited. He also appreciated the U.S. assistance in securing the Extended Fund Facility (EFF) from the IMF.

Foreign Minister Sabry briefed Deputy Secretary of State Verma on Sri Lanka’s priorities as Chair of the Indian Ocean Rim Association and the opportunities to foster collaboration in blue economy and maritime security in the region to promote freedom of navigation for all and for the facilitation of trade and commerce. He also apprised the Deputy Secretary of State of the Government’s efforts to further strengthen governance, democracy, and rule of law, as well as to combat corruption.

Deputy Secretary of State Verma while noting the encouraging progress in Sri Lanka following the economic downturn in the last two years, assured continuous U.S. assistance to the country towards economic prosperity.

The Deputy Secretary of State was accompanied by the U.S. Ambassador to Sri Lanka Julie Chung, senior officials from the White House National Security Council, U.S. Department of State, and the U.S. Department of Defence. Acting Secretary of the Ministry of Foreign Affairs Mohammed Jauhar and senior officials of the Foreign Ministry were associated with the Foreign Minister at the meeting.

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