• Activists, lawyers, journalists, and trade unionists query the fate of electoral promises made by the Govt. on the reform of laws such as the PTA, the Exec. Presidency, the ICCPR Act, the Penal Code, the OSA, the ETA 

Fulfilling promises made to voters after an election is a central part of maintaining electoral integrity. This is especially important when a party has pledged to act quickly on matters that do not require lengthy procedures or major resources. 

When such promises remain unaddressed for extended periods, it raises questions about how seriously elected leaders regard the commitments that they made during the electoral campaign.

The National People’s Power (NPP) has long campaigned to repeal or reform several laws criticised by civil society groups, legal professionals, political activists, and international organisations. These commitments appeared not only in its election platforms but also in written policy documents released ahead of the last Presidential and Parliamentary (General) Elections. Yet, nearly a year into its administration, the NPP-led Government has not acted on many of these pledges, causing uncertainty among those who expected swift reforms.

Critics say that the Government has taken little or no substantial action on reforms that it championed as an opposition force. These include abolishing the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 (PTA); ending the Executive presidency; decriminalising homosexuality under the Penal Code to protect the rights of the lesbian, gay, bisexual, transgender, and queer and questioning plus (LGBTQ+) community; and removing problematic provisions from recently enacted laws such as the Online Safety Act, No. 9 of 2024 (OSA) and the Economic Transformation Act, No. 45 of 2024 (ETA).

PTA

Introduced in 1979 as a temporary measure, the PTA has survived multiple governments and remains one of the most powerful legal tools for prolonged detention without trial. Despite repeated demands for its repeal, it is still in force.

In Section 4.9 of its manifesto ‘A Thriving Nation – A Beautiful Life’, the NPP pledged to abolish all oppressive laws, including the PTA, and to protect civil rights across the country. So far, the only step taken has been appointing a committee to examine its repeal. The committee is tasked with proposing a legal framework to replace the PTA within a short period, address global terrorist threats, and remain consistent with constitutional human rights protections.

Human rights activist and attorney Swasthika Arulingam told The Daily Morning that the PTA should be scrapped entirely without introducing a replacement. “There’s plenty of research showing that a country like Sri Lanka doesn’t need a sweeping anti-terror law that undermines fundamental rights. That hasn’t just been our stance. It was also the position of current Government members, including Prime Minister Dr. Harini Amarasuriya, back when they were in the Opposition. Unless they were being dishonest then, there’s no reason that they shouldn’t follow through now. There’s no justification to keep or replace the PTA.”

On the appointment of a committee to study the issue, she said: “There’s already a wealth of research and documentation. Some of the current Government Members were actively involved in campaigns to abolish the PTA. Now, they act as if this is new to them. What they’re really doing is buying time to avoid doing what they promised. It’s understandable to appoint a committee when drafting a new Constitution, but not for the PTA. For now, they have said that they will repeal it, but with a replacement. That wasn’t their position when they were in the Opposition.”

Executive presidency

Established in 1978, the Executive Presidency has long been criticised for concentrating too much power in one individual and weakening democratic checks and balances. Civil society groups and political Parties, including the NPP, have repeatedly called for its abolition.

In Section 4.1 of its manifesto, the NPP promises to draft a new Constitution through public discourse and referendum, abolish the Executive Presidency, and appoint a non-Executive President through the Parliament. However, the Government has yet to take concrete steps toward this goal. President Anura Kumara Dissanayake has said that a new Constitution will be introduced, but, no clear timeline has been given.

Speaking to The Daily Morning, Tharindu Uduwaragedara of the People’s Struggle Alliance said that the Executive Presidential system is anti-democratic and has enabled corruption and the abuse of power, especially under former Presidents Mahinda Rajapaksa and Gotabaya Rajapaksa. “When people took to the streets saying ‘Go Home Gota’, they were also calling for an end to the Executive Presidency. The NPP promised to scrap it when they were in the Opposition, but, there is no conversation about it now.”

The ICCPR Act

The International Covenant on Civil and Political Rights (ICCPR) Act, introduced in 2007, was intended to protect civil liberties and align Sri Lanka’s laws with international human rights standards. However, over time, it has been used to detain individuals for extended periods in cases far removed from its original intent. Its Section 3 criminalises speech that incites religious or racial hatred, but, in practice, it has been applied against writers, activists, and others expressing views critical of the authorities.

Civil and human rights groups have called for the repeal of Section 3 rather than the entire Act. The Government, which previously spoke against detentions under the ICCPR Act when in Opposition, has not stated how it plans to address the matter.

Sections 365 and 365A of the Penal Code 

Section 365 criminalises “unnatural offences”, punishing voluntary sexual acts deemed against “the order of nature” with imprisonment of up to 10 years and a fine. In cases involving a minor, the penalty increases to rigorous imprisonment of 10 to 20 years plus compensation. Section 365A  penalises “acts of gross indecency” between persons, whether in public or private, with up to two years’ of imprisonment, a fine, or both, and imposes similar enhanced penalties if a minor is involved.

Arulingam said that criminalising consensual relationships is “extremely repressive”, adding: “You’re punishing someone for loving another person. That’s one of the most dangerous kinds of repression that a country can enforce.” She noted that the Supreme Court has already expressed an opinion on these provisions, saying: “There’s nothing left for the Government to study. They don’t need a two-thirds majority. They just need to bring a repeal Bill. This hasn’t happened because of pressure from certain conservative religious groups. If this Government continues to appease those groups, they’re no different from those who came before.”

OSA

She said that the OSA places a burden on citizens, particularly those without resources, by requiring them to appear in court every time a complaint is made against them under it. “Apart from two or three clauses related to protecting women and children, this is a tool to suppress dissent. There are already legal provisions to protect women and children from online harassment, but, agencies like the Criminal Investigation Department (CID) have failed to act even with the powers that they have. This Act should be repealed in full. However, the Government has only stated that it would amend it and has appointed yet another committee to study it.”

ETA

The General Secretary of the Free Trade Zones and General Services Employees Union, Anton Marcus said that the ETA gives the President power to exclude certain laws, including those protecting workers’ rights, from decision-making processes. Speaking to The Daily Morning, he called it a repressive law and urged its complete repeal. “If it continues, the people will lose control over the country’s resources, which will be handed over to private companies. This Act economically dispossesses and represses people, and should be repealed before it comes into full operation. When it was passed, the Government, then in the Opposition, pledged to repeal it if elected, and they also opposed the Employees Provident Fund restructuring linked to it.”

HRCSL urges reforms

Human Rights Commission of Sri Lanka (HRCSL) Commissioner Nimal G. Punchihewa told The Daily Morning that the Commission issues guidelines from time to time, covering matters such as the PTA and the protection of LGBTQ+ rights. He said that they have shared their views with the President, noting that although these laws are not inherently suppressive, they are frequently used that way. Laws such as the ICCPR Act, he said, were introduced with good intentions but have been applied in ways that punish people unfairly, such as arresting someone for writing a poem.

He added that completely removing such laws is not practical because their absence could leave gaps in addressing genuine threats. “There should be progressive alternatives, the constant monitoring of implementation, and the removal of provisions that enable abuse. The priority should be to stop misuse, then amend problematic sections, and finally consider abolishing such laws once stronger and fairer legal provisions are in place.”

Govt.’s response

When contacted by The Daily Morning,  NPP General Secretary and Parliamentarian Dr. Nihal Abeysinghe said that the Government is acting in line with the policies and promises in its election manifestos and is open to discussion if anyone can point to specific instances where it has strayed from them. “The Government has assigned responsibilities to the respective Ministries, and they are fulfilling those responsibilities. If anyone can show a change in what we presented, we are ready to discuss it,” he said.

On an earlier occasion, Presidential Legal Director, attorney J.M. Wijebandara, speaking to The Daily Morning, said that the Government has already begun implementing the legal reforms promised in its manifestos and that all such promises would be fulfilled.