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High noon for PTA

14 Jun 2021

The Government appears to be taking some desperate measures to sustain Sri Lanka’s debt stricken economy, even though the situation calls for far more fundamental and tactical changes than mere price and import-related regulations such as the recent fuel price hike and the much debated turmeric and vehicle import restrictions. The fact that the country’s foreign reserves is in a sorry state has been discussed on many occasions in the past few months, although the Government continues to maintain that the country’s economy, especially the aspects concerning foreign reserves and foreign markets, can still be salvaged. This discussion took a new turn last week, after the European Parliament discussed several matters pertaining to Sri Lanka’s state of human rights, and proposed that the European Union (EU) halt the Generalised Scheme/System of Preference Plus (GSP+) trade concession, stating that Sri Lanka has not respected the human rights-related commitments it promised to implement in 2017 when it regained the GSP+ concession. Among these commitments were a number of international conventions and amendments to the notorious Prevention of Terrorism (Temporary Provisions) Act (PTA) in order to set it in line with international human rights laws and policies. However, Sri Lanka has not only failed to do so, but has also been enforcing the PTA. The implementation of the PTA – which resulted in the arrest and detention of a large number of persons, especially those who were identified as “political prisoners” by human rights groups – as well as human rights lawyer Hejaaz Hizbullah and poet Ahnaf Jazeem were serious concerns raised at the European Parliament. For them, the European Parliament seeks one progressive step from Sri Lanka and that is either a fair trial or unconditional release. The truth is that Sri Lanka is already heavily burdened by a large number of allegations of human rights violations said to have taken place during the war against the Liberation Tigers of Tamil Eelam (LTTE), especially during the final stage of the war, and the country has been struggling, with poorly planned strategies, to serve justice for those who were affected by and during the war. In this context, Sri Lanka cannot afford to deal with stringent decisions taken by the international community. Perhaps we should remind ourselves that Sri Lanka is not currently dealing with any armed conflicts, and that there are a number of provisions in the Penal Code that can be employed to deal with those who harbour extremist or separatist ideologies. It begs the question as to why Sri Lanka needs to maintain, uphold, and enforce the PTA without amendments, which is only suitable in extreme emergencies that concern matters of national security. The PTA is in fact an Act that has been criticised for certain provisions it contains, including the ability to make arrests without a warrant and to detain a person without being produced in a court for a considerable period of time, which are obviously not in line with international human rights standards. Why we cannot make amendments (that we promised) to the PTA or have a more in-depth discussion with the international community in this regard is puzzling. Furthermore, any person with common sense, or a sense of what is just and what is not, should understand that the PTA contains several legal provisions that can be employed to oppress people/suspects, and therefore Sri Lanka does not have to change its laws merely because the EU or any other international entity demands such changes. This is not a situation Sri Lanka can continue to ignore, as the international community remains attentive about what Sri Lanka does. Also, this is not the first time Sri Lanka’s human rights commitments have been questioned. At the previous United Nations Human Rights Council (UNHRC), too, the alleged “war crimes” during the final phase of the war were discussed. The Government, particularly the President, the Prime Minister, and the Foreign Affairs Minister, need to pay close attention to this situation, as it is the general public who would suffer in the event the international community decides to stop the GSP+ concession, or worse, impose sanctions. The truth is, losing the GSP+ concession can strike a heavy blow to Sri Lanka’s economy as the EU is one of the largest foreign markets. If huge steps are not possible at this particular juncture, the least we can do is conduct some cordial and constructive discussions with the international community and they can help Sri Lanka continue to enjoy the GSP+ concession in this difficult time. Sri Lanka certainly cannot afford to have its economy collapse any further, especially during a pandemic, and as a country, we must not wait until the international community reminds us of the flaws in our own laws.


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