HRCSL urges overhaul of controversial Prevention of Terrorism Act, citing human rights abuses

By Leenah Wahab   

The Human Rights Commission of Sri Lanka (HRCSL) has called on the government to review laws and policies that have been misapplied to hinder legitimate activities of Human Rights Defenders (HRDs) according to a report issued recently.   

The Prevention of Terrorism Act, enacted in 1979 to combat insurgency has been long condemned by human rights organizations like Amnesty International and the United Nations for its broad and vague provisions, which allow authorities to detain individuals without trial for extended periods, often leading to allegations of torture, forced confessions and human rights violations.   

In response to the continued challenges faced by HRD’s in Sri Lanka, the Human Rights Commission has proposed a review, in consultation with relevant experts of all laws and policies, including the Police Ordinance, the Penal Code Ordinance, the Quarantine and Prevention of Diseases Ordinance, the Public Security Ordinance, the Prevention of Terrorism Act, the Computer Crimes Act, and the International Covenant on Civil and Political Rights Act. “Legal provisions with vague and ambiguous definitions that lend themselves to broad interpretation and could be abused to prosecute HRDs for their legitimate activities should be amended or repealed,” they wrote.   
Further recommendations include establishing an HRD monitoring committee in the government, provide protection mechanisms, spread awareness, collaborate with other NGO’s and prepare an emergency relief fund. HRCSL has also urged authorities to refrain from engaging in violence, threats and other forms of intimidation against HRDs or their families. This includes physical and digital surveillance, unwarranted legal actions and smear campaigns aimed at discrediting HRD’s.  HRCSL reports of consistent complaints regarding arrest, detention, and prosecution for legitimate activities of HRD’s. “They complain that they face violence, threats, retaliation, intimidation, de facto or de jure adverse discrimination, harassment, and other arbitrary action, and that they are frequently stigmatised in the media,” they said.   

Given Sri Lanka’s divided history with flaring tensions between ethnic and religious groups, and the recent economic crisis, HRCSL recognises the crucial role HRD’s play in upholding basic human rights.