Why does nobody like Counter-Terrorism Act?

By Harsha Amarasinghe

At a time like this when Sri Lanka as a nation is devastated by the brutal suicide bombings which has left over 250 people dead, the national security naturally becomes a talking-point and that certainly puts more emphasis on the ongoing debate over the Counter-Terrorism Act.

Following the Easter Sunday attacks a smiling Prime Minister Ranil Wickremesinghe told the international media that there were ‘no laws which enable them to take into custody people, who join foreign terrorist groups’, leaving the citizens of Sri Lanka scratching their heads.

This statement actually made the existing laws a laughing matter, so bad that it looked as pointless as rearranging the deck chairs on the Titanic. However, what it intentionally or unintentionally did was highlighting the need for new laws, and hence the proposed Counter-Terrorism Act, but why does nobody like it?

The Opposition Leader Mahinda Rajapaksa in particular has been firmly against the proposed new laws that he recently went on to define it as a ‘relief package’. The former President has claimed that the replacement of Prevention of Terrorism Act of 1979 is an act of Government satisfying their ‘foreign masters through the UN’. 

“One of the pledges given by the present Government to their foreign masters through UN Human Rights Council Resolution No: 30/1 of October 2015 was to repeal and replace the Prevention of Terrorism Act of 1979. The draft Counter Terrorism Law that has been presented to Parliament for this purpose has encountered opposition from political and media activists on the grounds that the way it defines the term ‘terrorism’ leaves room for legitimate political and trade union action as well as the dissemination of information and protection of sources by the media could be labelled as terrorist activity. 

In the aftermath of the Easter Sunday bombings, the Government has been trying to sell their Counter Terrorism Bill to the public with the claim that it has provisions to prohibit Sri Lankan nationals from having links with foreign terrorist organisations.”

Meanwhile, the Leader of Janatha Vimukthi Peramuna (JVP), Anura Kumara Dissanayake pointed out the possibility of the Counter Terrorism Act being used to crackdown on the protests and trade union activities.

“There are provisions within the CTA which allow the Government to designate such actions too as terrorist activities,” Dissanayake said.

The concerns have also been voiced over the likelihood of CTA standing in the way of independent journalism.

“The draft CTA has broad definitions that can infringe on rights activism and independent journalism,” the Right activists have warned.

Prime Minister Ranil Wickremesinghe meanwhile, dismissed the claims of the new bill violating the fundamental rights and insisted the importance of introducing the new bill.

“Today, we are not confronted with conventional guerrilla warfare. Today the war has gone beyond the traditional wars. If a terrorist drives a car into a crowd and killed a group of people, it can no longer be regarded as an offense under the Motor Traffic Act. It’s a terrorist act. Penalties should be imposed on this terrorist offense. 

That is why it was necessary to prepare the Counter Terrorism Bill to face this new situation,” he said at the Parliament on Wednesday.

There are certainly some loopholes in the Prevention of Terrorism Act and that is a truth that each and every one has to accept, but if the sole purpose of all of this is to ensure the safety of the nation, rather than implementing a whole new Act, a smarter move would be to find a middle ground. Archbishop of Colombo Cardinal Malcolm Ranjith has certainly presented one clear option.

“It is easier to amend the existing legislation rather than bringing in a new one. Effective measures should be taken to apprehend the individuals and groups responsible for these attacks in order to prevent people from taking the law into their hands. 

A new government comprising all parties should be appointed. No party should think of elections at this moment. We will even have to take to the streets and lead peaceful protests if the Government continues to handle the situation in the manner it presently does. 

Action should be taken against ministers and MPs if they were found guilty of being part of the Easter Sunday bombings,” Cardinal Malcolm Ranjith stated.