Editorial 2: ​ A Sri Lankan anti-terror law that needs repeal

Context

The Sri Lankan government must transform its pre-election promises into action and abolish the Prevention of Terrorism Act.

Introduction

In the many cycles of violence in Sri Lanka’s troubled history, “terror” has been a running theme. While the state — that has repeatedly demonstrated a majoritarian tendency — has never held a mirror to itself to acknowledge the violence that it has unleashed on civilians, it has often sought to justify using draconian measures to “counter” or “crush” anything that it deems “terror”.

The Prevention of Terrorism Act (PTA) and Its Legacy in Sri Lanka

• The Prevention of Terrorism Act (PTA), passed in 1979 under J.R. Jayawardene, has been a focus of attention for over 50 years.
• Modeled on South African and British anti-militancy laws, it replaced the Proscribing of LTTE and Other Organizations Law of 1978.
• Its goal was to eradicate the LTTE and other groups aiming for a separate Tamil state.
• Initially a temporary law, it became permanent in 1982.

Repressive Provisions of the Prevention of Terrorism Act (PTA)

• Administrative Detention: Long periods of detention without judicial oversight.
• Admissibility of Confessions: Confessions made to police officers are admissible as evidence.
• Failure to Inform: Failure to provide information to the police is made an offence.
• Widespread Abuse: Provisions are widely abused with impunity, as law enforcement faces no consequences even when false evidence is presented.
• Lack of Accountability: Errant police officers, even when found fabricating evidence or torturing suspects, face no consequences and continue their actions unchecked.
• Unsolved Crimes: Police officers, using forced confessions, would avoid investigating the actual culprits, leaving real offenders at large.
• Conviction of Innocents: Innocent individuals have been convicted based on forced confessions, such as the charge of ‘not providing information’ to the police.

Opposition and International Concern

• Opposition from Rights Defenders: Lawyers and human rights defenders in Sri Lanka have opposed the PTA, highlighting that existing laws could address national security threats without violating rights.
• International Concerns: Countries committed to democracy, including the European Union, have raised concerns about the PTA's impact on human rights, leading to the suspension of Sri Lanka's GSP+ status in 2010.
• Political Opponents and Minority Groups: The PTA has been used against political dissidents, government opponents, and minority groups.
• Case of Journalist J.S. Tissainayagam: In 2009, journalist J.S. Tissainayagam was sentenced to 20 years for an article accusing the government of starving Tamils during the war. He was later pardoned after international pressure, with the charge being that the article could cause communal disharmony.

A continuance with minor amendments

• PTA Remains Despite Promises: Successive Sri Lankan governments promised to repeal the PTA after the 2009 war, but the law still exists with only minor amendments.
  • A moratorium was announced on its use, yet arrests under the law continue even today.
• NPP’s Commitment to Repeal: President Anura Kumara Dissanayake’s NPP has pledged to repeal the PTA, both during its election campaign and after coming to power.
  • The pledge is taken seriously due to the JVP’s suffering under the law during the 1987-1990 uprising.
• Targeting Various Groups: Originally created to target Tamil militants, the PTA has also been used against Sinhalese (JVP) and more recently, Muslims following the 2019 Easter Sunday Attacks.

Campaign for a repeal

• 2021 Campaign for PTA Repeal: Led by the writer, alongside colleagues in Parliament and rights activists.
  • Island-wide signature campaign aimed at repealing the PTA.
  • Broad support across ethnic communities for the call to repeal the law.
  • NPP members also participated actively in all districts, showing strong backing for the repeal.
• Current Reluctance by NPP: Despite initial strong support for repeal, the NPP now seems reluctant to fully repeal the PTA.
  • Concern arises from the security sector, which has long used the PTA and may be resistant to its removal.
• Government's Action (or Lack Thereof): A committee has been formed to consider the repeal of the PTA.
  • No significant progress or steps taken towards the repeal since then.
• NPP's Shifting Stance: While in opposition, NPP firmly opposed replacing the PTA with another "humanitarian law," insisting on full repeal.
  • In power, however, the NPP now discusses drafting a new law to replace the PTA.
• Previous Attempts at Replacement: Two drafts for a "replacement law" were proposed by successive governments.
  • Both drafts received widespread criticism from human rights activists for being potentially worse than the PTA itself.
• Call to Action: The repeal of the PTA remains crucial, and the NPP's actions will serve as a key test of whether it can fulfill its pre-election promises.

Conclusion

We are closely observing the NPP’s actions regarding its commitment to repeal this draconian legislation, which undoubtedly needs to be abolished. The repeal of the PTA stands as the ultimate test of whether the government can turn its pre-election promises into reality.