FORUM-ASIA expressed serious concern about that the latest emergency regulations in Sri Lanka could be used to suppress independent voices and the work of civil society and media organizations. It called on the Sri Lankan government to reformulate the emergency regulations to guarantee the independence and autonomy of civil society, protect the rights of civilians, and to ensure that the emergency regulations respect the rule of law and due process.FORUM-ASIA joins Sri Lankan civil society groups in expressing serious concern about the human rights implications of the emergency regulations (Emergency [Prevention and Prohibition of Terrorism and Specified Terrorist Activities] Regulations) promulgated by the government of Sri Lanka on 6 December 2006.
The broad range of activities prohibited and the definition of terrorism (regulations 7, 8, 9 and 20) could be used to suppress independent voices and the work of civil society and media organizations.
The vast discretionary powers conferred to the “Competent Authority” threaten the independence and autonomy of civil society. This is worsened due to the fact that any appeal or grievance on decisions of this presidential appointee must be taken to an “Appeals Tribunal” – that again consists of presidential appointees.
The conferring of quasi-judicial powers to the Secretaries of Ministries, whom were appointed as members of this “Appeals Tribunal” while being part of the Executive branch of government, is also a violation of the principle of separation of powers.
The immunity accorded to persons authorised by the government to take action with regard to these regulations (regulation 19) could be a green light for impunity against serious human rights violations.
The Sri Lankan government had agreed not to reactivate the Prevention of Terrorism Act (PTA) under the Cease Fire Agreement of 2002. By reactivating the legislation, the government of Sri Lanka is violating the terms of this agreement. As long as the ceasefire holds even in paper, it offers prospects for peace and the government should not disregard this pact.
The Emergency Regulations and the PTA have been used in the past to target and harass innocent members of the Tamil minority. Thousands of Tamils were searched and detained arbitrarily, under suspicion of being rebel supporters or sympathisers. The act directly contributed to a rash of enforced disappearances and few were held accountable. Acts of terrorism, including those against some of the best protected individuals and institutions in the country, did not cease nor decline.
Considering this history of abused emergency regulations, and the form of the present regulations, FORUM-ASIA fears that the present emergency regulations will only lead to an escalation of human rights violations, in a context where there are already grave breeches of international human rights and humanitarian law by both government forces and non-state actors including the Liberation Tigers of Tamil Eelam.
It is understandable that states must address terrorist activities in order to maintain peaceful societies. While some human rights and fundamental freedoms can be suspended in emergency situations, these must be according to due process and established procedures with safeguards to ensure that they are not abused by authorities. Provisions to address terrorist acts must comply with international standards, particularly those detailed by the UN Security Resolution No. 1373 of 2001. The definition of terrorism must be specific in order to not target members of civil society. Protecting the rights of civilians must be of premiere concern.
Terrorism is most effectively combated by ensuring human rights standards and norms are in place. Counter-terrorism measures that violate human rights, due process and the rule of law – as well as encourage impunity – will only escalate terrorism to new heights. Addressing and prosecuting human rights violations is the most effective means to curtail terrorist acts.
FORUM-ASIA calls on the Sri Lankan government to reformulate the emergency regulations to guarantee the independence and autonomy of civil society and protect the rights of civilians, and to ensure that any emergency regulations respect the rule of law and due process.
For further details, please contact Ruki Fernando (+66-84-0991538 / [email protected]).
