Features

What Is Appropriate in a Developing Country Context? – Part II

Published

7 months ago

2025/07/11

Thilina Walpola

The Dilemma of a Definition: Terrorism Without Terror?

by Dr Jayampathy Wickramaratne, President’s Counsel

In Part 1 of this article, the writer argued that, as a fundamental principle, for an act to come within the definition of terrorism, it must involve ‘terror’ or a ‘state of intense or overwhelming fear’ or be committed to achieve an objective of an individual or organisation that uses ‘terror’ or a ‘state of intense or overwhelming fear’ to realise its aims.

Sri Lanka: Anti-Terrorism Bill, 2023

Examining the Anti-Terrorism Bill, 2023, a five-member Bench of our Supreme Court acknowledged that a broad and open definition of terrorism confers a greater power on the Police than a narrow one. To bring the law more in line with international law, acts that constitute offences under the international conventions on terrorism to which Sri Lanka is a party must be added as wrongful acts under the proposed law.

The Court referred to the following definition of terrorism in the Draft Comprehensive Convention on International Terrorism, which was considered by the Sixth Committee of the UN General Assembly, and stated that, in its view, it offers a useful yardstick to measure the domestic definition.

“Any person commits an offence within the meaning of this Convention if that person, by any means, unlawfully and intentionally, causes: (a) Death or serious bodily injury to any person; or (b) Serious damage to public or private property, including a place of public use, a State or government facility, a public transportation system, an infrastructure facility or the environment; or (c) Damage to property, places, facilities, or systems referred to in paragraph1 (b) of this article, resulting or likely to result in major economic loss, when the purpose of the conduct, by its nature or context, is to intimidate a population, or to compel a Government or an international organization to do or abstain from doing any act.”

With respect, it should be noted that, as the title of the document clearly indicates, the definition is from a draft specifically concerning the definition of international terrorism and that even the United Nations was unable to reach an agreement on it. Further, Draft Article 3 of the same makes it clear that the definition should not be applied to domestic terrorism: “The present Convention shall not apply where the offence is committed within a single State, the alleged offender and the victims are nationals of that State, the alleged offender is found in the territory of that State and no other State has a basis under article 7, paragraph 1 or 2, of the present Convention to exercise jurisdiction, except that the provisions of articles 9 and 13 to 17 of the present Convention shall, as appropriate, apply in those cases.” (UN document A/59/894).

It is worth noting that our own Dr. Rohan Perera, President’s Counsel and senior diplomat, chaired the UN Ad-hoc Committee on Measures to Eliminate International Terrorism, established by UNGA Resolution 51/210, which negotiated the Comprehensive Convention on International Terrorism. One hopes that the Arsakularatne Committee deliberating on a new law will consult Dr. Perera.

The Supreme Court referred to definitions of terrorism found in the laws of Australia, New Zealand, the United Kingdom and Canada. The Australian definition exempts advocacy, protest, dissent or industrial action that is not intended to cause the wrongful acts that would constitute terrorism. In Canada, acts committed in the exercise of the freedoms of belief, expression and association are exempted. The United Kingdom definition does not have such an exemption or “carve out.”

The Court referred to the exemption in New Zealand with approval under which “the fact that a person engages in any protest, advocacy, or dissent, or engages in any strike, lockout, or other industrial action, is not, by itself, a sufficient basis for inferring that the person” committed the wrongful acts that would otherwise constitute terrorism.

The Supreme Court agreed with the petitioners that the definition of terrorism in the Bill was too broad and infringed Article 12(1) of the Constitution, and recommended that an exemption similar to that used in New Zealand be inserted to qualify the definition.

While appreciating the Court’s finding that the definition in the Anti-Terrorism Bill was too broad, it is respectfully submitted that the political, administrative and law enforcement cultures of the country concerned are factors that must be considered. Australia, Canada and New Zealand are far ahead of developing countries such as Sri Lanka in that regard. In our countries, where the chances of misuse are greater, definitions should be narrower, with exemptions broader and more precise.

Tanzanian law

According to news reports, the Arsekularatne Committee will examine whether the definition of terrorism in Tanzania’s Prevention of Terrorism Act could be adopted by Sri Lanka.

The main provision in the Tanzanian Act that creates the offence of terrorism is section 4(2) which reads: A person commits terrorist act if, with terrorist intention, does an act or omission which- (a) may seriously damage a country or an international organisation; or (b) is intended or can reasonably be regarded as having been intended to- (i) seriously intimidate a population; (ii) unduly compel a Government or perform or abstain from performing any act; (iii) seriously destabilise or destroy the fundamental political, constitutional, economic or social structures of country or an international organization; or (iv) otherwise influence such Government, or international organisation; or (c) involves or causes, as the case may be- (i) attacks upon a person’s life which may cause death; (ii) attacks upon the physical integrity of a person; (iii) kidnapping of a person. Thus, the person who commits the acts set out must do so with a “terrorist intention,”

The definition of terrorism in section 3 leads to uncertainty: ”terrorist act” means an act or omission referred to under section 4 of the Act and the expression ”terrorist” shall be construed accordingly. Thus, to ascertain what a “terrorist intention” is, one refers to section 3 and is then directed back to section 4, with the result that every act or omission set out in section 4 is considered a terrorist act.

Section 4(3) defines additional acts that constitute terrorism. Acts or threats, ranging from those involving serious bodily harm and the use of firearms and explosives to disrupting essential emergency services, will be considered terrorism if they are intended to intimidate the public or a section of the public, or to compel the Government or an international organisation to act or refrain from acting. Such acts must also be made to support or promote acts that qualify as terrorism under the Act. There are thus three essential elements: (i) the acts or threats mentioned; (ii) their purpose to intimidate people, the government, or an international organisation; and (iii) their aim to support or advance acts that constitute terrorism, meaning acts described in section 4(2). As mentioned earlier, this is problematic because one has to go to section 3 to ascertain what “terrorism” is and is redirected to section 4!

And so, one goes around and around.

Tanzanian lawyer Deo J. Nangela in his paper titled “Institutional Democratic Practice, Human Rights, and the Police Force’s Accountability in Tanzania” published in the Law School of Tanzania Journal (Vol 2, No. 1, 2017) states: “In Tanzania, the Prevention of Terrorism Act has not given a straightforward definition of the subject either. Section 3 of the Act does not define the concept but defines which acts constitute it by making reference to Section 4 which enlists such acts or omissions labelled as constituting ‘terrorist acts’ when committed and provides further that the expression “terrorist”, shall be construed accordingly. Even so, Section 4, to which reference is made to by Section 3, does not provide a helpful explanation of what constitutes terrorism.”

HRCSL on laws on terrorism

The Human Rights Commission of Sri Lanka, in a letter to the Minister of Justice last month, called for the abolition of the PTA and recommended that the offence of “terrorism” be dealt with under general law. Any new offence with respect to “terrorism” should contain a specific and narrow definition of terrorism, such as the following: “Any person who by the use of force or violence unlawfully targets the civilian population or a segment of the civilian population with the intent to spread fear among such population or segment thereof in furtherance of a political, ideological, or religious cause commits the offence of terrorism”. The letter was copied to Mr. Arsekularatne.

Five features of the PTA were described as particularly egregious: vague and open-ended offences, long term detention —- up to twelve months — without trial, dispensing with the requirement to produce a suspect before a Magistrate within a stipulated period of time in total contravention of Article 13(2) of the Constitution, denial of bail to the accused once an indictment is served in the High Court, and the admissibility of confession to police officers as evidence, thereby encouraging the abuse of suspects in custody.

The letter to the Minister was in relation to the much-publicised arrest and detention of one Mohamed Rusdi for displaying two anti-Israeli stickers, which the Commission found to have violated several of his fundamental rights.

The Commission viewed Rusdi’s case as an example of how law enforcement authorities may venture even beyond the PTA, revealing an institutional demand for enhancing police powers under a new special counterterrorism law. While preventive detention and racial profiling in the absence of any reasonable suspicion of an offence are not permitted under the PTA, a new special counterterrorism law could very well legitimise such measures, the Commission stated. Did the Commission have any indication that law enforcement authorities were proposing such measures?

The Commission cautioned the Ministry of Justice and all those involved in the current process to be conscious of the dangers inherent in any suggestion to enhance the powers of law enforcement authorities. Such enhancement may pertain to new powers being granted to law enforcement authorities to “detect”, “monitor” and potentially “rehabilitate” persons who are not reasonably suspected of any offence, but based on racial profiling, estimated to be “radicalised” or prone to “religious extremism” and capable of offences in the future.

In the above context, the writer suggests that for an act to fall within the crime of terrorism, it must involve “terror” or a “state of intense or overwhelming fear,” or be carried out with the aim of achieving a goal of an individual or organisation that employs “terror” or a “state of intense or overwhelming fear” to attain its objectives. A broader definition would result in misuse, as happened under the PTA for more than forty-five years.

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Features

Crucial test for religious and ethnic harmony in Bangladesh

Published

16 hours ago

2026/02/12

Sahan Weerasooriya

A political protest that led to governmental change in Bangladesh mid last year. (photograph: imago)

Will the Bangladesh parliamentary election bring into being a government that will ensure ethnic and religious harmony in the country? This is the poser on the lips of peace-loving sections in Bangladesh and a principal concern of those outside who mean the country well.

The apprehensions are mainly on the part of religious and ethnic minorities. The parliamentary poll of February 12th is expected to bring into existence a government headed by the Bangladesh Nationalist Party (BNP) and the Islamist oriented Jamaat-e-Islami party and this is where the rub is. If these parties win, will it be a case of Bangladesh sliding in the direction of a theocracy or a state where majoritarian chauvinism thrives?

Chief of the Jamaat, Shafiqur Rahman, who was interviewed by sections of the international media recently said that there is no need for minority groups in Bangladesh to have the above fears. He assured, essentially, that the state that will come into being will be equable and inclusive. May it be so, is likely to be the wish of those who cherish a tension-free Bangladesh.

The party that could have posed a challenge to the above parties, the Awami League Party of former Prime Minister Hasina Wased, is out of the running on account of a suspension that was imposed on it by the authorities and the mentioned majoritarian-oriented parties are expected to have it easy at the polls.

A positive that has emerged against the backdrop of the poll is that most ordinary people in Bangladesh, be they Muslim or Hindu, are for communal and religious harmony and it is hoped that this sentiment will strongly prevail, going ahead. Interestingly, most of them were of the view, when interviewed, that it was the politicians who sowed the seeds of discord in the country and this viewpoint is widely shared by publics all over the region in respect of the politicians of their countries.

Some sections of the Jamaat party were of the view that matters with regard to the orientation of governance are best left to the incoming parliament to decide on but such opinions will be cold comfort for minority groups. If the parliamentary majority comes to consist of hard line Islamists, for instance, there is nothing to prevent the country from going in for theocratic governance. Consequently, minority group fears over their safety and protection cannot be prevented from spreading.

Therefore, we come back to the question of just and fair governance and whether Bangladesh’s future rulers could ensure these essential conditions of democratic rule. The latter, it is hoped, will be sufficiently perceptive to ascertain that a Bangladesh rife with religious and ethnic tensions, and therefore unstable, would not be in the interests of Bangladesh and those of the region’s countries.

Unfortunately, politicians region-wide fall for the lure of ethnic, religious and linguistic chauvinism. This happens even in the case of politicians who claim to be democratic in orientation. This fate even befell Bangladesh’s Awami League Party, which claims to be democratic and socialist in general outlook.

We have it on the authority of Taslima Nasrin in her ground-breaking novel, ‘Lajja’, that the Awami Party was not of any substantial help to Bangladesh’s Hindus, for example, when violence was unleashed on them by sections of the majority community. In fact some elements in the Awami Party were found to be siding with the Hindus’ murderous persecutors. Such are the temptations of hard line majoritarianism.

In Sri Lanka’s past numerous have been the occasions when even self-professed Leftists and their parties have conveniently fallen in line with Southern nationalist groups with self-interest in mind. The present NPP government in Sri Lanka has been waxing lyrical about fostering national reconciliation and harmony but it is yet to prove its worthiness on this score in practice. The NPP government remains untested material.

As a first step towards national reconciliation it is hoped that Sri Lanka’s present rulers would learn the Tamil language and address the people of the North and East of the country in Tamil and not Sinhala, which most Tamil-speaking people do not understand. We earnestly await official language reforms which afford to Tamil the dignity it deserves.

An acid test awaits Bangladesh as well on the nation-building front. Not only must all forms of chauvinism be shunned by the incoming rulers but a secular, truly democratic Bangladesh awaits being licked into shape. All identity barriers among people need to be abolished and it is this process that is referred to as nation-building.

On the foreign policy frontier, a task of foremost importance for Bangladesh is the need to build bridges of amity with India. If pragmatism is to rule the roost in foreign policy formulation, Bangladesh would place priority to the overcoming of this challenge. The repatriation to Bangladesh of ex-Prime Minister Hasina could emerge as a steep hurdle to bilateral accord but sagacious diplomacy must be used by Bangladesh to get over the problem.

A reply to N.A. de S. Amaratunga

A response has been penned by N.A. de S. Amaratunga (please see p5 of ‘The Island’ of February 6th) to a previous column by me on ‘ India shaping-up as a Swing State’, published in this newspaper on January 29th , but I remain firmly convinced that India remains a foremost democracy and a Swing State in the making.

If the countries of South Asia are to effectively manage ‘murderous terrorism’, particularly of the separatist kind, then they would do well to adopt to the best of their ability a system of government that provides for power decentralization from the centre to the provinces or periphery, as the case may be. This system has stood India in good stead and ought to prove effective in all other states that have fears of disintegration.

Moreover, power decentralization ensures that all communities within a country enjoy some self-governing rights within an overall unitary governance framework. Such power-sharing is a hallmark of democratic governance.

Features

Celebrating Valentine’s Day …

Published

16 hours ago

2026/02/12

Sahan Weerasooriya

Valentine’s Day is all about celebrating love, romance, and affection, and this is how some of our well-known personalities plan to celebrate Valentine’s Day – 14th February:

Merlina Fernando (Singer)

Yes, it’s a special day for lovers all over the world and it’s even more special to me because 14th February is the birthday of my husband Suresh, who’s the lead guitarist of my band Mission.

We have planned to celebrate Valentine’s Day and his Birthday together and it will be a wonderful night as always.

We will be having our fans and close friends, on that night, with their loved ones at Highso – City Max hotel Dubai, from 9.00 pm onwards.

Lorensz Francke (Elvis Tribute Artiste)

On Valentine’s Day I will be performing a live concert at a Wealthy Senior Home for Men and Women, and their families will be attending, as well.

I will be performing live with romantic, iconic love songs and my song list would include ‘Can’t Help falling in Love’, ‘Love Me Tender’, ‘Burning Love’, ‘Are You Lonesome Tonight’, ‘The Wonder of You’ and ‘’It’s Now or Never’ to name a few.

To make Valentine’s Day extra special I will give the Home folks red satin scarfs.

Emma Shanaya (Singer)

I plan on spending the day of love with my girls, especially my best friend. I don’t have a romantic Valentine this year but I am thrilled to spend it with the girl that loves me through and through. I’ll be in Colombo and look forward to go to a cute cafe and spend some quality time with my childhood best friend Zulha.

JAYASRI

Emma-and-Maneeka

This Valentine’s Day the band JAYASRI we will be really busy; in the morning we will be landing in Sri Lanka, after our Oman Tour; then in the afternoon we are invited as Chief Guests at our Maris Stella College Sports Meet, Negombo, and late night we will be with LineOne band live in Karandeniya Open Air Down South. Everywhere we will be sharing LOVE with the mass crowds.

Kay Jay (Singer)

I will stay at home and cook a lovely meal for lunch, watch some movies, together with Sanjaya, and, maybe we go out for dinner and have a lovely time. Come to think of it, every day is Valentine’s Day for me with Sanjaya Alles.

Maneka Liyanage (Beauty Tips)

On this special day, I celebrate love by spending meaningful time with the people I cherish. I prepare food with love and share meals together, because food made with love brings hearts closer. I enjoy my leisure time with them — talking, laughing, sharing stories, understanding each other, and creating beautiful memories. My wish for this Valentine’s Day is a world without fighting — a world where we love one another like our own beloved, where we do not hurt others, even through a single word or action. Let us choose kindness, patience, and understanding in everything we do.

Janaka Palapathwala (Singer)

Janaka

Valentine’s Day should not be the only day we speak about love.

From the moment we are born into this world, we seek love, first through the very drop of our mother’s milk, then through the boundless care of our Mother and Father, and the embrace of family.

Love is everywhere. All living beings, even plants, respond in affection when they are loved.

As we grow, we learn to love, and to be loved. One day, that love inspires us to build a new family of our own.

Love has no beginning and no end. It flows through every stage of life, timeless, endless, and eternal.

Natasha Rathnayake (Singer)

We don’t have any special plans for Valentine’s Day. When you’ve been in love with the same person for over 25 years, you realise that love isn’t a performance reserved for one calendar date. My husband and I have never been big on public displays, or grand gestures, on 14th February. Our love is expressed quietly and consistently, in ordinary, uncelebrated moments.

With time, you learn that love isn’t about proving anything to the world or buying into a commercialised idea of romance—flowers that wilt, sweets that spike blood sugar, and gifts that impress briefly but add little real value. In today’s society, marketing often pushes the idea that love is proven by how much money you spend, and that buying things is treated as a sign of commitment.

Real love doesn’t need reminders or price tags. It lives in showing up every day, choosing each other on unromantic days, and nurturing the relationship intentionally and without an audience.

This isn’t a judgment on those who enjoy celebrating Valentine’s Day. It’s simply a personal choice.

Melloney Dassanayake (Miss Universe Sri Lanka 2024)

I truly believe it’s beautiful to have a day specially dedicated to love. But, for me, Valentine’s Day goes far beyond romantic love alone. It celebrates every form of love we hold close to our hearts: the love for family, friends, and that one special person who makes life brighter. While 14th February gives us a moment to pause and celebrate, I always remind myself that love should never be limited to just one day. Every single day should feel like Valentine’s Day – constant reminder to the people we love that they are never alone, that they are valued, and that they matter.

I’m incredibly blessed because, for me, every day feels like Valentine’s Day. My special person makes sure of that through the smallest gestures, the quiet moments, and the simple reminders that love lives in the details. He shows me that it’s the little things that count, and that love doesn’t need grand stages to feel extraordinary. This Valentine’s Day, perfection would be something intimate and meaningful: a cozy picnic in our home garden, surrounded by nature, laughter, and warmth, followed by an abstract drawing session where we let our creativity flow freely. To me, that’s what love is – simple, soulful, expressive, and deeply personal. When love is real, every ordinary moment becomes magical.

Noshin De Silva (Actress)

Valentine’s Day is one of my favourite holidays! I love the décor, the hearts everywhere, the pinks and reds, heart-shaped chocolates, and roses all around. But honestly, I believe every day can be Valentine’s Day.

It doesn’t have to be just about romantic love. It’s a chance to celebrate love in all its forms with friends, family, or even by taking a little time for yourself.

Whether you’re spending the day with someone special or enjoying your own company, it’s a reminder to appreciate meaningful connections, show kindness, and lead with love every day.

And yes, I’m fully on theme this year with heart nail art and heart mehendi design!

Wishing everyone a very happy Valentine’s Day, but, remember, love yourself first, and don’t forget to treat yourself.

Sending my love to all of you.

Features

Banana and Aloe Vera

Published

16 hours ago

2026/02/12

Sahan Weerasooriya

To create a powerful, natural, and hydrating beauty mask that soothes inflammation, fights acne, and boosts skin radiance, mix a mashed banana with fresh aloe vera gel.

This nutrient-rich blend acts as an antioxidant-packed anti-ageing treatment that also doubles as a nourishing, shiny hair mask.

* Face Masks for Glowing Skin:

Mix 01 ripe banana with 01 tablespoon of fresh aloe vera gel and apply this mixture to the face. Massage for a few minutes, leave for 15-20 minutes, and then rinse off for a glowing complexion.

* Acne and Soothing Mask:

Mix 01 tablespoon of fresh aloe vera gel with 1/2 a mashed banana and 01 teaspoon of honey. Apply this mixture to clean skin to calm inflammation, reduce redness, and hydrate dry, sensitive skin. Leave for 15-20 minutes, and rinse with warm water.

* Hair Treatment for Shine:

Mix 01 fresh ripe banana with 03 tablespoons of fresh aloe vera gel and 01 teaspoon of honey. Apply from scalp to ends, massage for 10-15 minutes and then let it dry for maximum absorption. Rinse thoroughly with cool water for soft, shiny, and frizz-free hair.