Akin to a second rate student, cramming at the 11th hour for an examination, seeking only to turn in a third-rate performance sufficient enough to ensure the bare minimum that is required to pass, Sri Lankan Governments too are renowned for their commitment to mediocrity and indifference to excellence.
Hence, it should come as no surprise that this work ethic should permeate its approach to the discourse on human rights and the high stakes minefield of appeasing various international actors from whom it seeks reprieve and economic and financial support.
President Gotabaya Rajapaksa’s, Foreign Minister Prof. G.L. Peiris’, and the Human Rights Commission of Sri Lanka’s (HRCSL) bee in the bonnet response and indecent haste with regard to the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 as amended (PTA), and the amendments proposed to the latter in the form of the Prevention of Terrorism (Temporary Provisions) Amendment Bill is due to the United Nations Human Rights Council’s (UNHRC) 49th regular session being round the corner, scheduled to commence on 28 February, with the update on the human rights situation in Sri Lanka due to be presented early March.
The President has directed the Police not to use the PTA as a shortcut to dispense with investigations under the Code of Criminal Procedure but only in cases with clear links to terrorism. The main criticisms of the said Bill are that the proposed amendments are of a cosmetic nature, a mere “eyewash”, and ultimately unconstitutional, and therefore requiring passing by a special parliamentary majority and a public referendum. Prof. Peiris has opined that the criticisms against the said Bill and the proposed amendments contained therein are both erroneous and unfair.
Noting that the irresponsible use of the PTA must be put a stop to, he even spoke about the difficulties endured by the legal team of attorney Hejaaz Hizbullah who was detained under the PTA, claiming that even when the Attorney General (AG) had not objected to bail being granted to Hizbullah, he could not be enlarged on bail by the relevant High Court owing to the lack of jurisdiction, which he then said could have been remedied had the proposed amendments – that the court has the jurisdiction to grant bail after a certain period – been a part of the existing law. “Can anyone say that that doesn’t make a difference?” he queried.
What the good professor and eminent Oxbridge jurist, whose compassion for the ilk of Hizbullah knows no bounds, conveniently failed or omitted to mention was that the court that is to be empowered under the proposed amendments to grant bail is still (including per the existing PTA) the Court of Appeal and not High Courts, and that the “certain period” in question is only if the trial against the person in question, that is the remandee or detainee or suspect, has not commenced 12 months from the date of the arrest. Simply put, if the trial is commenced by or before 12 months from the date of the arrest, the said individual would have no recourse to bail. As it is, under the existing PTA, regardless of the suspect’s or the accused party’s or the convict’s (appeal) status during the legal proceedings against him/her, bail is only granted by the Court of Appeal under “exceptional circumstances” even though jurisprudence holds that bail is the rule and jail is the exception. So much for that amendment and the other amendments in the Bill; the cumulative effect of which is similar to placing a band aid on cancer.
Prof. Peiris also noted that the proposed amendments are “not the end of the journey” and that a piece of legislation in the form of a new counter-terror law would be introduced but that such would take time.
Does this means that the Bill’s lack of finality as far as reforming the PTA-related issues are concerned, reflects the lack of preparation including pre-preparation and focus on the part of the Government, and most importantly, that it was never intentioned as a long-term measure, or should it be construed as an overture?
Elsewhere, the latest iteration of the HRCSL too has reiterated its call to totally abolish the PTA and recommended the enactment of a new definition of terrorism in the Penal Code and for the Evidence Ordinance to not be excluded in the context of the PTA. Meanwhile, little note has been made of the islandwide signature campaign led by the Tamil National Alliance (TNA) on a public petition calling for the repeal of the PTA.
The question then is one of the degree or level of sincerity, or to be precise, the lack of sincerity exhibited by the Government with regard to addressing human rights-related concerns and deep-rooted issues that affect not a minority or a majority, but the people of the country, and only doing so when its hand is forced by external forces or as a response to pressure from the international community including any impending human rights-related sessions at international fora or when a missive is received from the Office of the UN High Commissioner for HR.
There is no point in Prof. Peiris claiming that “for 42 years, nobody has done anything about the PTA” and that it is the incumbent Government that has taken it upon its shoulders to redress such, when it has taken over two years into this most peaceful of peacetime regimes, for President Rajapaksa to tell the Police not to abuse and misuse the PTA.
The fact of the matter is that the Government is sorely lagging behind with regard to the practical action of walking the talk on its sesquipedalian and disjointed (in equal measure) explanations of its goodly intentions and similarly reasoned excuses for delays. As a result, Sri Lanka continues to pay the price for the absence of a long-term (at least a year long) commitment to progress in the context of the processes concerning human rights-related matters and associated developments.
Moreover, in this social media age, the Government cannot expect its own outcries of dissent against purported international intervention to not trickle out and reach the ears of the international community simply because such criticisms are given voice to in the vernacular tongues. This is because the relevant international entities too employ vernacular eyes and ears to interpret the rumblings on the ground for their resident co-ordinators and country representatives to in turn relay to their bosses.
It is therefore time for the Government to shed its disingenuousness and be more inclusive in its management and troubleshooting of the issues plaguing governance including human rights.
The road to hell, it is observed, is paved with good intentions. By that token, for Sri Lanka, the road out of the so-called human rights hell can only be paved by sincere, if not entirely good, intentions.Insincere intentions and human rights interventions
21 Feb 2022
Insincere intentions and human rights interventions
21 Feb 2022
Akin to a second rate student, cramming at the 11th hour for an examination, seeking only to turn in a third-rate performance sufficient enough to ensure the bare minimum that is required to pass, Sri Lankan Governments too are renowned for their commitment to mediocrity and indifference to excellence.
Hence, it should come as no surprise that this work ethic should permeate its approach to the discourse on human rights and the high stakes minefield of appeasing various international actors from whom it seeks reprieve and economic and financial support.
President Gotabaya Rajapaksa’s, Foreign Minister Prof. G.L. Peiris’, and the Human Rights Commission of Sri Lanka’s (HRCSL) bee in the bonnet response and indecent haste with regard to the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 as amended (PTA), and the amendments proposed to the latter in the form of the Prevention of Terrorism (Temporary Provisions) Amendment Bill is due to the United Nations Human Rights Council’s (UNHRC) 49th regular session being round the corner, scheduled to commence on 28 February, with the update on the human rights situation in Sri Lanka due to be presented early March.
The President has directed the Police not to use the PTA as a shortcut to dispense with investigations under the Code of Criminal Procedure but only in cases with clear links to terrorism. The main criticisms of the said Bill are that the proposed amendments are of a cosmetic nature, a mere “eyewash”, and ultimately unconstitutional, and therefore requiring passing by a special parliamentary majority and a public referendum. Prof. Peiris has opined that the criticisms against the said Bill and the proposed amendments contained therein are both erroneous and unfair.
Noting that the irresponsible use of the PTA must be put a stop to, he even spoke about the difficulties endured by the legal team of attorney Hejaaz Hizbullah who was detained under the PTA, claiming that even when the Attorney General (AG) had not objected to bail being granted to Hizbullah, he could not be enlarged on bail by the relevant High Court owing to the lack of jurisdiction, which he then said could have been remedied had the proposed amendments – that the court has the jurisdiction to grant bail after a certain period – been a part of the existing law. “Can anyone say that that doesn’t make a difference?” he queried.
What the good professor and eminent Oxbridge jurist, whose compassion for the ilk of Hizbullah knows no bounds, conveniently failed or omitted to mention was that the court that is to be empowered under the proposed amendments to grant bail is still (including per the existing PTA) the Court of Appeal and not High Courts, and that the “certain period” in question is only if the trial against the person in question, that is the remandee or detainee or suspect, has not commenced 12 months from the date of the arrest. Simply put, if the trial is commenced by or before 12 months from the date of the arrest, the said individual would have no recourse to bail. As it is, under the existing PTA, regardless of the suspect’s or the accused party’s or the convict’s (appeal) status during the legal proceedings against him/her, bail is only granted by the Court of Appeal under “exceptional circumstances” even though jurisprudence holds that bail is the rule and jail is the exception. So much for that amendment and the other amendments in the Bill; the cumulative effect of which is similar to placing a band aid on cancer.
Prof. Peiris also noted that the proposed amendments are “not the end of the journey” and that a piece of legislation in the form of a new counter-terror law would be introduced but that such would take time.
Does this means that the Bill’s lack of finality as far as reforming the PTA-related issues are concerned, reflects the lack of preparation including pre-preparation and focus on the part of the Government, and most importantly, that it was never intentioned as a long-term measure, or should it be construed as an overture?
Elsewhere, the latest iteration of the HRCSL too has reiterated its call to totally abolish the PTA and recommended the enactment of a new definition of terrorism in the Penal Code and for the Evidence Ordinance to not be excluded in the context of the PTA. Meanwhile, little note has been made of the islandwide signature campaign led by the Tamil National Alliance (TNA) on a public petition calling for the repeal of the PTA.
The question then is one of the degree or level of sincerity, or to be precise, the lack of sincerity exhibited by the Government with regard to addressing human rights-related concerns and deep-rooted issues that affect not a minority or a majority, but the people of the country, and only doing so when its hand is forced by external forces or as a response to pressure from the international community including any impending human rights-related sessions at international fora or when a missive is received from the Office of the UN High Commissioner for HR.
There is no point in Prof. Peiris claiming that “for 42 years, nobody has done anything about the PTA” and that it is the incumbent Government that has taken it upon its shoulders to redress such, when it has taken over two years into this most peaceful of peacetime regimes, for President Rajapaksa to tell the Police not to abuse and misuse the PTA.
The fact of the matter is that the Government is sorely lagging behind with regard to the practical action of walking the talk on its sesquipedalian and disjointed (in equal measure) explanations of its goodly intentions and similarly reasoned excuses for delays. As a result, Sri Lanka continues to pay the price for the absence of a long-term (at least a year long) commitment to progress in the context of the processes concerning human rights-related matters and associated developments.
Moreover, in this social media age, the Government cannot expect its own outcries of dissent against purported international intervention to not trickle out and reach the ears of the international community simply because such criticisms are given voice to in the vernacular tongues. This is because the relevant international entities too employ vernacular eyes and ears to interpret the rumblings on the ground for their resident co-ordinators and country representatives to in turn relay to their bosses.
It is therefore time for the Government to shed its disingenuousness and be more inclusive in its management and troubleshooting of the issues plaguing governance including human rights.
The road to hell, it is observed, is paved with good intentions. By that token, for Sri Lanka, the road out of the so-called human rights hell can only be paved by sincere, if not entirely good, intentions.Kapruka
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Discover Kapruka, the leading online shopping platform in Sri Lanka, where you can conveniently send Gifts and Flowers to your loved ones for any event. Explore a wide range of popular Shopping Categories on Kapruka, including Toys, Groceries, Electronics, Birthday Cakes, Fruits, Chocolates, Automobile, Mother and Baby Products, Clothing, and Fashion. Additionally, Kapruka offers unique online services like Money Remittance, Astrology, Medicine Delivery, and access to over 700 Top Brands. Also If you’re interested in selling with Kapruka, Partner Central by Kapruka is the best solution to start with. Moreover, through Kapruka Global Shop, you can also enjoy the convenience of purchasing products from renowned platforms like Amazon and eBay and have them delivered to Sri Lanka.Send love straight to their heart this Valentine's with our thoughtful gifts!