Controversial Anti-Terrorism Bill unveiled: 

• The President with powers to issue movement restrictions on individuals
• Bill provides provisions for the President to proscribe an organization notwithstanding anything in any written law

By Yohan Perera and Ajith Siriwardana  

After much wrangling with the sections of the international community and civil society activists, the government yesterday presented the Anti-Terrorism Bill to be enacted in repeal of the current draconian Prevention of Terrorism Act(PTA).   

The PTA was introduced way back in 1979 as a temporary piece of legislation, and it was invoked widely particularly during the conflict times including the war against LTTE terrorism. After the end of the war, the successive governments came under pressure from the international community including the United Nations Human Rights Council (UNHRC), civil society organizations, trade unions and human rights activists to repeal it. The latest UNHRC resolution on Sri Lanka also envisaged a provision to repeal it.  

However, the government worked out the new bill which also drew flak from the same groups with the allegation that the new piece of legislation also contains draconian provisions. Later, the government, in consultation with the stakeholders concerned, re-drafted the bill and presented it to the House for debate and enactment later. According to the PTA, a suspect could be held under detention order by the defence secretary for three months, but it has been reduced to two months in the new bill which is now pending enactment . The magistrates are empowered to grant bail to suspects held without a detention order.   

The definition of terrorism has been broadened in the new bill to cover remarks made using electronic and print media instigating acts of violence.  

The new Anti-Terrorism Bill which was presented to Parliament yesterday provides provisions to the President to proscribe any organization, issue restrictions of movement of individuals, declare any location as a prohibited place and comprises new procedures with regard to curfew. According to the new bill, a confession made before a police officer is not admissible in a court of law as evidence whereas it was the case in the PTA. Any arrest made by the police, the military or the coast guard should be handed over to the police within 24 hours.  

The new bill Section 79 of the Bill provides provisions for the President to proscribe an organization notwithstanding anything in any written law if an organization is engaged in any act, or acting in an unlawful manner prejudicial to national security of Sri Lanka or any other country. Proscription order may be made by the President on recommendation made by IGP or any foreign country.  

The President will be vested with powers to issue restriction orders on individuals following the recommendation of IGP and if he has reasonable grounds to believe that any person has committed or making preparation to committee an offense under the Anti-terrorism Bill. A restriction order may include restrictions on the movement outside the place of residence, travelling overseas, travelling within Sri Lanka and travelling between residence and place of employment. However there are provisions to revoke or vary the order.  
 The international community, particularly European Countries, are still concerned about the broad definition of terrorism. They are also concerned whether critical views of civil society were taken into consideration.