The Communist Party of Sri Lanka (CPSL) has called on the government to withdraw the Protection of the State from Terrorism Bill and the Prevention of Organised Crimes Bill, saying the proposed laws threaten democratic freedoms and fundamental rights.
In a statement, the party said it recognised the need to deal with terrorism, organised crime and threats to public security. It said it had itself suffered violence during the civil conflict in the North and East and during the 1987-90 period in the South.
The CPSL said the Bills contain broad powers and sweeping provisions that appear to undermine certain provisions of existing legislation or regulations. It listed four areas of concern: the over-criminalisation of minor offences that should be dealt with under ordinary law, threats to freedom of expression, excessive executive power, and changes to the conditions of detention, bail and confessions.
On freedom of expression, the party said the provisions could reach journalistic reporting and, potentially, even tattoos on a person’s body. On executive power, it pointed to the ability to designate an area as forbidden at will.
The party said the National People’s Power (NPP) government had yet to show that existing laws and institutions are not enough to combat terrorism and organised crime. Without such proof, it said, expanding state powers over detention, bail, confessions and expression appears unnecessary and disproportionate.
The CPSL called for a transparent consultation involving trade unions, legal professionals, academics, religious leaders and civil society representatives. It said any law on terrorism or organised crime must be consistent with constitutional guarantees and international human rights standards. It also urged progressive political forces, trade unions, youth and student movements and citizens to unite in defence of democratic freedoms.
Background
The CPSL is one of the older left-wing parties in the country. In its statement, it said it was banned and its leaders were jailed in 1983, when the state accused it of being behind the anti-Tamil violence of that year. The party said it rejected that accusation as false, and cited the episode as the reason it believes laws must never be used to curb democratic dissent.
The party also referred to the 1987-90 period, a time of armed insurrection and state counter-measures in the South, during which it said it was targeted by militants.
The two Bills deal with national security and organised crime. The CPSL argues that their definitions are vague, which it says could allow the laws to be applied arbitrarily. Security legislation introduced in the past under emergency or terrorism laws has long been debated in Sri Lanka, with rights groups and political parties on different sides.
What it means
The CPSL said legislation creating wide powers of surveillance, detention, restriction and criminalisation, without adequate judicial safeguards and democratic oversight, could affect more than political organisations. It named workers, journalists, civil society activists and ordinary citizens who exercise their democratic rights.
The party said vague definitions and strong executive powers could be used to silence criticism of government policy, protest, industrial action and political mobilisation. The Bills have not yet become law, and the form in which they are finally passed, if they are, will decide which of these concerns apply in practice.
