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125 women including leading professionals, academics, human rights activists and even female victims of various crimes and 35 women’s organisations protesting against the the Online Safety Act’ (OSA) and the ‘Anti-Terror Act’ (ATA) have demanded all Members of the Parliament to vote against the two repressive laws.
Following is an excerpt of the statement;
The government has introduced two bills, the ‘Online Safety Act’ (OSA) and the ‘Anti-Terror Act’ (ATA), in the Parliamentary Order Paper as of October 3, 2023. Both of these bills contain provisions that severely restrict and infringe upon fundamental freedoms such as expression, free speech, the right to information, assembly, and association. These bills pose a significant threat to democracy and fundamental rights in the country.
The OSA proposes the creation of an ‘Online Safety Commission,’ appointed and dismissed by the President, with sweeping powers to determine what qualifies as a ‘false statement’ and to take measures to ‘prohibit’ its circulation. This commission can issue directives to individuals and online service providers to remove or block content, websites, and locations. Failure to comply with these directives can result in penalties, including imprisonment and fines. The OSA will lead to increased state harassment of online journalists, activists, artists, scholars, writers, trade unions, civil society organizations, including women’s groups, human rights defenders, professional organizations, and any citizen who dare to criticize the government or disagree with its policies. This will not only curtail fundamental rights of speech, expression, and access to information but also stifle the rights of freedom of protest and association, ultimately leading to an authoritarian and dictatorial form of governance.
The ATA, in essence, rebrands the draconian Prevention of Terrorism Act (PTA) that it claims to repeal. The definition of ‘terrorism’ under the ATA is so broad and vague that virtually any act can be deemed an act of terror at the discretion of the state. Peaceful protests, strikes, and free speech can be labelled as inciting ‘terrorism,’ organizations can be proscribed as ‘terrorist’ associations, and any publication can be designated as ‘terrorist.’ The ATA grants unprecedented powers to the military to arrest and detain individuals through executive orders, effectively turning Sri Lanka into a military state. Instead of fulfilling the promise to repeal the PTA, this bill expands the state’s authority to suppress citizens and violate constitutionally guaranteed fundamental rights.
These proposed laws reflect the government’s fear that the people will not tolerate its indifference to the economic crisis that they did not cause. Instead of taking responsibility for the crisis, the government is using debt restructuring to create laws that promote unaccountable governance and the abuse of state power. This includes the appropriation of the working people’s savings under the guise of domestic debt restructuring and proposed labour law reforms that threaten the right to unionize and exploit women’s labour. The proposed labour laws disproportionately target women and threaten to reverse gains made in aligning national laws and policies with international standards. These repressive laws will also stifle criticism of the government’s actions.
Sri Lanka is still grappling with the repercussions of past repressive laws enacted in the name of national defense, stability, economic growth, and development. The government’s current agenda should prioritize the repeal of such repressive laws, addressing corruption, fostering national unity, and promoting equitable economic growth for all citizens in its diverse society. However, the government’s current actions indicate a shift towards establishing a political dictatorship under the pretext of debt restructuring and economic recovery from bankruptcy.
Women’s groups, civil society organizations, and concerned citizens jointly call on the government to withdraw all these bills from Parliament. They urge the government to engage in a consultative law-making process, similar to the one that led to the passing of the Right to Information Bill, which has been lauded for strengthening accountable governance. Members of Parliament, regardless of how they are elected, have a duty to uphold the principles of representative democracy, freedom, equality, justice, fundamental human rights, and the independence of the judiciary, as outlined in the Constitution’s preamble. The government is urged to withdraw the bills and engage in a public discourse with qualified individuals and citizens regarding public policy in these critical areas.