International condemnation for anti-democratic legislation

UN High Commissioner for Human Rights Volker Türk expressed his office’s serious concerns over two bills under consideration in the Sri Lankan Parliament – the revised Anti-Terrorism Bill and the Online Safety Bill – which give the authorities a range of expansive powers and can impose restrictions on human rights, not in line with international human rights law.

The High Commissioner noted that the Anti-Terrorism Bill which is intended to replace the Prevention of Terrorism Act, still has major concerns about the scope and discriminatory effects of many provisions in the revised draft. Restrictions to the rights to freedom of expression and peaceful assembly are very likely to fail to meet requirements of necessity and proportionality.

The Anti-Terrorism Bill still includes an overly broad definition of terrorism and grants wide powers to the police – and to the military – to stop, question and search, and to arrest and detain people, with inadequate judicial oversight. Other issues remain over the imposition of curfews, restriction orders and the designation of prohibited places, all of which raise concerns about the scope of powers granted to the executive without sufficient checks and balances.

With respect to the Online Safety Bill, the UN Human Rights chief notes that it will severely regulate and restrict online communication, including by the general public and will give authorities unfettered discretion to label and restrict expressions they disagree with as “false statements”.

“Many sections of the Bill contain vaguely-defined terms and definitions of offences which leave significant room for arbitrary and subjective interpretation, and could potentially criminalise nearly all forms of legitimate expression, creating an environment that has a chilling effect on freedom of expression.”

The UN Human Rights Office urges the Government to undertake further meaningful consultation with civil society and UN independent experts and to make substantial revisions of the draft laws in order to bring them into full compliance with Sri Lanka’s international human rights obligations.

The Ranil Wickremesinghe administration which has a daunting task of resurrecting a shattered economy has given priority to strengthening anti-terrorism laws which have for decades been used against political opponents, journalists and dissidents and to the online safety bill which is widely seen as an attempt to curtail online expression of opinion.

Sri Lanka, supposedly Asia’s oldest democracy, has a long history of curtailing the freedoms of its people. The latest attempts by the Government should be seen in that light.

One would assume that the President and his Government would be exerting their full attention to the economic recovery and the many difficult decisions associated with that process. If this recovery is to stand a chance, then corruption, wastage and the massive size of the State sector are a few matters that need immediate attention. There are many reforms needed to address these issues and far more pressing legislation that need to be brought in to tackle them. Yet the fact that the Government is focused on anti-terrorism legislation and means to curtail online expression demonstrates not only its misguided priorities but the sinister motives of curtailing public sentiment towards the failures of governance.

The statement by the UN human rights chief indicates that the world is watching the Wickremesinghe Government as it attempts to curtail freedoms of the people of the country. It would be wise to heed this advice and change course.