9 August 2021 02:08 pm Views - 2457
All PTA cases filed before 2016 to be concluded this year
Polygamy, Quazi courts to be abolished in amending Muslim marriage law
Both are contentious issues
Cabinet has taken a decision though
Monsoon stands in the way of X-Press pearl wreck removal
Justice Minister Ali Sabry takes questions regarding the process of amending the Prevention of Terrorism Act (PTA), the Muslim Marriage and Divorce Act and others. In his interview, he also responds matters related to cases under the PTA. The Excerpts:
Cabinet paper was presented together by President Gotabaya Rajapaksa in his capacity as the Defence Minister, Foreign Minister Dinesh Gunawardane and me as the Justice Minister. In terms of it, we have appointed an experts’ committee to look into it and report to us within three months. They are working. There are secretaries to defence establishments, the justice secretary and the people from the Attorney General’s Department. They are all looking at it. Hopefully, we should get a report on that within the next three months.
That is what the experts’ committee has to look into. We have told them to look into the previous attempts made and find the shortcomings. For example, we had started with it in 1979. It does not provide for crimes related to online, money laundering, crypto currency aspects. We have to balance the defence aspect with people’s liberty and freedom. We have to ensure how courts should look at it.
Q: Have you decided anything specifically?
The idea is that the specialists’ committee should recommend to us. It is rather than we are saying what to be done. They will study that and recommend.
Q: How long would it take for you to come out with a concrete set of proposals on the table?
There are three months for the report to come. Then, there will be three more months for us to act on them. It means there are six more months down the line.
Q: European Parliament has also raised concerns about the PTA. How do you address their concerns in the evolution of the new law?
The European Union, in certain aspects, has raised concerns. If there are valid concerns, we will take it into consideration. We are engaging them. But, even in Sri Lanka, there is a call for the need to reform the PTA. Civil society, public officials and successive governments have called for it. It, anyway, has to be done. Otherwise it is not because of the European Union saying it. Those concerns which are valid will be considered. But, we will not let down the national security while strengthening people’s liberty at the same time.
Q: In this exercise, will you be repealing the PTA or amending it?
It is premature for us to say as we await the experts’ report. The report, once done, will be referred to the Cabinet and the Cabinet has to decide whether it is a repeal or amendment.
Q: Earlier, you mentioned that there would be many law reforms in the country. What are the latest developments?
There are several laws under review. The General Marriage Ordinance is under review. The Muslim Marriage and Divorce Act is under review. It is now at the final stage of drafting. We are also working on the apartment ownership law, condominium property law, lease and rental laws etc. Also we work on the Proceeds of Crime Act l and the laws related to statutory rape and the ordinance related poisonous and dangerous drugs. At the moment, there are 50 pieces of legislations pending before the legal draftsman. We are awaiting the final drafts of these Bills.
Q: As far as the Muslim Marriage and Divorce Bill, what are the areas you have agreed upon?
The Cabinet has decided that the minimum age of marriage is 18. Women will also place their signatures to marriage registration papers. The Cabinet has decided to abolish Quazi courts. Such powers will be vested with district courts.
Q: But, this is a religiously sensitive matter. If a person belongs to the Muslim community, he/ she must be facing some pressure from his/her own community. How do you address such concerns?
There are two groups of people within the community. Some people want to retain Quazi courts. But, some activists want Quazi courts out.
Q: How big is the segment of society opposed to Quazi courts?
That is also very significant. Recently, I received an online petition signed by 1852 people asking for reforms to be expedited. Both groups are equally vociferous. At the end of the day, the Cabinet has to decide. There will be a mechanism for reconciliation. That means cases will be referred to councillors before being taken to courts. They will try to resolve it. If they fail only, they will be referred to courts. Determination and adjudication are by district courts.
Q: What about polygamy?
The Cabinet has decided to abolish polygamy. Polygamy is to be banned, prospectively, of course.
Q: What is the community’s opinion on this matter?
It is, again, divided. Some women’s rights organisations are for the abolition of polygamy. But, some religious organisations and civil society organisations are against it. The representatives of both sides met me. At the end of the day, the Cabinet has to take a decision. That is how it is. But, there is consensus for reforms generally. Polygamy and abolition of Quazi courts are the only contentious issues. The Cabinet has, however, taken a decision.
Q: As the Cabinet minister, you are collectively bound to uphold its decisions. On the other hand, you are a member of the community. How do you withstand the pressure?
As you rightly said, I am a member of the Cabinet. I have the collective responsibility. I have to be part of what the Cabinet rules. After the Cabinet makes a final decision, I have to maintain it.
Q: Sri Lanka now faces extremist terrorism after the Easter Sunday attack. How do you intend to deal with the new counter terrorism law?
The PTA was enacted in 1979. Since then, the forms of terrorism and manner of terrorism have changed hands. It is no longer the use of old tactics used by the LTTE and JVP during its insurgency. Today, terrorists use information technology and money laundering as a means of funding. They use the latest technology for radicalization. In some countries, even crypto currencies are used for funding terrorism. These challenges have to be looked into. We have to maintain national security with zero tolerance on terrorism. Then, it has to be balanced with the protection of people’s liberty and freedom. It is challenged. It has to be a multi-pronged approach.
Q: You mentioned about changes to be made in the laws governing ownership of apartments and condominiums. What are the changes expected?
The experts’ committee, appointed in this regard, looks into it. That is basically to regulate constructions and payment terms. I am waiting for the report. It will come one of these days.
Q: You are spearheading a committee to take steps for claiming compensations for X-Press Pearl disaster. What are the latest developments on them?
It is multi-pronged again. We have challenged removal of the wreck. When a disaster of this nature happens, there are three stages. The first stage is to salvage the ship. That stage is gone now. Once it gets stuck in the seabed, you have to remove the wreck. Until the salvage team comes, caretaker takes over it. Now, it is in the hands of the caretaker. Thereafter, you need to remove the wreck. That wreck includes containers and cargo. There are multi-pronged approaches to handle it. There is a team constantly in touch with the insurance company. The company, on behalf of the ship owner, deals with us – Marine Environment Protection Authority (MEPA), harbour master, Director Merchant Shipping and the Chairman of Sri Lanka Ports Authority. They are in touch with each other to expedite the wreck removal. Secondly, we are processing our claims. It is challenging to assess some of the damages, future damages, damage to our fish harvest, marine biodiversity. The Cabinet appointed a leading firm in the US to appear for the Sri Lankan government - Arent Fox LLP - based in Washington. We assigned the Attorney General to pursue legal action through them. They are international experts in the field in terms of assessing the damages in the current, medium and long terms. The legal part is that. Twice a day, we get an update from the team which is constantly monitoring the situation. The insurance company has appointed a caretaker. The caretaker is looking after the whole monitoring process. They are reporting to the MEPA twice a day. They have mobilized their resources to act in case there is any oil spill. There is no major oil leak, but a small oil slick was seen. The current monsoonal situation stands in the way of removing the shipwreck. We have also double-checked from various parts of the world. Time period is the issue for removing because of the current monsoonal conditions. The present laws in Sri Lanka are good enough to meet the current challenges.
Q: Recently, 16 PTA detainees were released on presidential amnesty. Do you have any plan to release more?
The President has to decide on it. We are clear. I have told it in Parliament. Whatever the cases under the PTA should be expedited and concluded. The Chief Justice has sent a circular saying whatever the cases pending and filed prior to 2016 should be concluded before the end of this year. People who are awaiting trial under the PTA should be charged. If there are no charges, they should be released. I cannot comment on specific cases.