The proposed Anti-Terrorism Act (ATA) in Sri Lanka has been criticized for violating fundamental rights, targeting civil society protests, and granting authorities arbitrary powers. Opponents, including international organizations and opposition leaders, argue that the bill is undemocratic and authoritarian. The article suggests that the government should repeal the Prevention of Terrorism Act (PTA) and impose a moratorium on its use until new counterterrorism legislation that upholds human rights is drafted.
The infamous Prevention of Terrorism Act (PTA) in Sri Lanka, put into effect in 1979 and widely blamed for widespread torture and arbitrary detentions, will be replaced by the new proposed Anti-Terrorism Act (ATA). However, the new bill has several features worse than the Prevention of Terrorism Act (PTA) that it intends to replace. It appears to grant the President, Police, and Military, great authority to detain individuals without evidence, to make vaguely defined forms of speech a criminal offense, and arbitrarily outlaw gatherings and organisations without any judicial review.
“The government has decided to present its proposed Anti-Terrorism Act (ATA) to parliament for debate on April 25. The decision to delay calling for a vote on it, and not using the government’s majority to bulldoze its decision is to be welcomed, “said Jehan Perera, Executive Director at National Peace Council of Sri Lanka. (Colombo Telegraph).
Safeguarding citizens’ fundamental rights must always be a priority in any legal reform. According to the constitution, the government shares the people’s power with them for their benefit, but both of these goals are not met by the ATA.
While some believe that the decision could be on April 25th, others are of the view that the timing is not in favor right now, considering the country is going through its worst economic crisis, witnessed several activities threatening its national security, and has received international pressure and criticism upon the government.
Furthermore, the opposition and civil society groups have continued to object to the new ATA, stating it targets the civil society protests which took place mid-last year over the then government’s failure in handling the ongoing economic crisis.
The European Union, since 2016, has also been urging the government to repeal the PTA and bring in new counter-terrorism legislation in line with international standards. The EU has linked its GSP+ export tariff concessions to Sri Lanka modifying its counter-terrorism Act.
The main opposition leader Sajith Premadasa had slammed the bill as “undemocratic and authoritarian“.
One of the main objections to the proposed ATA raised by both domestic and international organisations, such as the Bar Association and, more recently, the Organisation of Professional Associations (OPA), is that it encompasses a wide range of activities that can be classified as terrorism. Among these would be labour union activity in support of workers’ rights, which might potentially have an effect on the economic operations of the government and, consequently, on the whole economy. Therefore, there is broad agreement among analysts and academics that the ATA’s true goal is to focus more on efforts to stifle the ongoing protest campaign against the government’s attempts to reorganise than it is to control terrorism in the form of terror acts against the nation.
The country hit its lowest point last year which led to nationwide protests over food, medicine, fuel, and electricity shortage.
“What has changed since the protest movement came on to the streets a year ago and the present time is the appearance of law and order. There is also the reappearance of nearly all economic items and commodities rather than the severe shortages of a year ago. However, the reasonable and legitimate demand of the people is that those who are, and were, responsible for the impoverishment of the country and have siphoned money abroad one way or the other should be held to account and punished. People have a moral right to protest when the government they have entrusted their collective futures to behaves in a self-seeking and unconstructive manner,” added Perera.
According to official figures, Sri Lanka’s crisis-stricken economy shrank 7.8 percent last year as the nation battles its worst financial crisis in seven decades. It is expected to decrease by 3% this year. (AL-Jazeera). As a result, the taxation, price increases, and job losses have persisted, even causing protests and industrial slowdowns across the nation. Even though the IMF has granted more loans, the people responsible for getting the country to where it is now are still largely in charge of deciding how to allocate and use those resources.
“Until new counterterrorism legislation that upholds human rights is drafted, the government should impose a full moratorium on the use of the PTA and take steps to repeal it”, Human Rights Watch said.
Given the current situation, it is apparent that the newly proposed ATA will make matters worse by repressing and violating people to sacrifice their rights. The state seems to have increased its willingness to abuse counterterrorism legislation to target activists who will protest and resist such atrocities. As Perera quoted, “Protest is morally justified when basic human rights are violated and the door to legal and democratic political remedies is shut with the government refusing to accept responsibility or resigning and holding fresh election
