• Certain parts relative to armed conflicts as opposed to natural disasters

• Emergency powers must be Constitutional protecting rights

• HRCSL to submit observations to the President next week 

Observing that certain provisions of the recently issued emergency regulations (ERs) are not in line with the Constitution, the Human Rights Commission of Sri Lanka (HRCSL) stated they would submit their observations to President Anura Kumara Dissanayake next week.

Speaking to The Daily Morning, HRCSL Member/Commissioner, attorney Nimal G. Punchihewa said that certain clauses in the regulations appear problematic at first reading and stressed that Emergency powers must be exercised within the limits of the Constitution. “The Emergency law should be used to act efficiently in specific circumstances, but Constitutional provisions cannot be exceeded. Those rights must be protected."

He noted that certain parts of the regulations which are currently in force resemble measures used during times of armed conflict rather than during an emergency related to a natural disaster. He added that even though the Public Security Ordinance (Chapter 40), as amended by Act, No. 8 of 1959, allows for the imposition of ERs, they must be tailored to each situation at hand and should be introduced in a way that helps resolve the challenges that arise during that period.

"In the past, ERs were drafted to address conditions that existed at that point in time such as the civil war. Now, with the country facing a large-scale disaster, emergency powers should be directed towards maintaining essential services efficiently and supporting recovery efforts. However, we have observed that certain sections of the current regulations are not in line with the Constitution. We will submit our observations to the President next week," Punchihewa added.

President Dissanayake declared a state of Emergency on 28 November of this year (2025) through Gazette 2464/30, citing the need to protect public security, ensure public order and maintain essential supplies and services in the wake of the Cyclone Ditwah and associated floods and landslides which have, on a massive scale, decimated lives and infrastructure island-wide.

Meanwhile, the Deputy Public Security Minister, attorney Sunil Watagala, early this week, instructed Officers-in-Charge of Police stations to strictly enforce the relevant ERs, including provisions limiting the spread of false information about the President and other political authorities. His remarks drew strong criticism from several political parties and civil society groups.