• Peaceful dissent must be encouraged
• Expressing dissent is vital for any democracy
• Laws that crack down on dissent counterproductive
• BASL strongly condemns creation of HSZs
• Government must address people’s concerns
• Time to listen and understand people’s pain
• Withdrawing cases impacts public confidence

  By Marianne David   Expressing dissent is vital for any democracy and peaceful dissent must not only be tolerated but encouraged, asserts Bar Association of Sri Lanka (BASL) President Saliya Pieris, PC, adding that laws which crack down on dissent and stifle protests are counterproductive. “For any government, dissent is important and if Sri Lanka really wishes to be a country which respects human rights, then dissent should not be suppressed,” he emphasised, in an interview with The Sunday Morning. The BASL President pointed out that wherever people had concerns, they should be addressed by the Government. “Oppressing dissent, carrying out selective or targeted arrests, and Police excesses will only worsen the situation in the country. This is a time to listen and to understand the pain of people,” he noted. As for breaking the law in the name of protest, Pieris said: “Protests must be peaceful – not least because it otherwise gives those who want to suppress the rights of people an opportunity to do so.” Following are excerpts of the interview:   How do you view the current situation with regard to the laws that are being imposed to crack down on dissent and stifle protests?   Expressing dissent is vital for any democracy. Dissent can be by way of expression, peaceful assembly, and movement, such as a procession.  Peaceful dissent must not only be tolerated but encouraged. In the famous ‘Jana Ghosha’ case, the Supreme Court observed as follows: “Stifling the peaceful expression of legitimate dissent today can only result, inexorably, in the catastrophic explosion of violence some other day.” Laws which crack down on dissent and stifle protests are counterproductive. Similarly, if the Police misinterpret existing laws such as the Police Ordinance to stifle dissent, they are violating the rights of the people. For any government, dissent is important and if Sri Lanka really wishes to be a country which respects human rights, then dissent should not be suppressed.   The BASL has challenged the declaration of High Security Zones (HSZs). What action will the association take in this regard?   We have already strongly condemned the creation of the HSZs by using the Official Secrets Act. We have tasked our Rule of Law Committee to examine the Order and we will consider appropriate legal action.   Are the current measures being taken by the Government to address the issues faced by the people sufficient?   I think that is a question which cannot be answered at this stage and that only time will answer that question.    People are once again protesting against State oppression and hunger in many parts of the country. Do you think/believe that this will lead to another round of people’s protests like those we saw in the last few months that led to the collapse of the Gotabaya Rajapaksa Government?   That is not within my remit to answer or to predict. However, wherever people have concerns, those must be addressed by the Government. Oppressing dissent, carrying out selective or targeted arrests, and Police excesses will only worsen the situation in the country. This is a time to listen and to understand the pain of people.   When it comes to protests and breaking the law, how will the BASL uphold people’s rights and defend those who protest? What happens when the law is broken in the name of protest?   We have always vigorously stood for the people’s right to protest, but at the same time, we have constantly expressed our view that protests must be peaceful – not least because it otherwise gives those who want to suppress the rights of people an opportunity to do so.  If the law is broken, there is no doubt that the authorities can act. But such action must be even-handed, fair, and proportionate. The use of the law must not be selective. If the law is misused to suppress people, eventually there will be repercussions. Police officers who act on illegal orders and violate the rights of people have had to face consequences of their actions – sometimes even years later.   Is there any move by the BASL to create awareness among the public on their rights, how to express dissent, and how to protest without violating the law?   We have, through our statements issued in all three languages, made both the State and the people aware of their rights and of the limitations to the exercise of these rights.   The Government is discussing amending the laws for broadcast media and introducing new laws for digital media. Will the BASL also present proposals to ensure that while there is some form of regulation, there will be no obstacle to freedom of expression?   We will keep a close watch on any draft law. Any move to curtail the freedom of speech and expression will be challenged. The Constitution of course provides for limitations on the exercise of these rights. However, any restriction must be reasonable and must be only for the purposes set out in the Constitution. The law must never be used to stop legitimate expressions of dissent. We will be happy to make our views known to the Government and the public at an appropriate stage.   We see a lot of cases filed by the Bribery Commission and law enforcement authorities being withdrawn, citing technical issues. During the past few years, there has been an increase in cases being withdrawn. Why is this? Also, what is the impact it will have on law enforcement, investigations, and follow-up action?   Sometimes cases are withdrawn for technical reasons such as when all three commissioners have not decided on the particular indictment. If they are thus withdrawn, they can be filed afresh. The impact of withdrawals is the loss of public confidence and the perception that the powerful can get away with many things. Such loss of confidence is disastrous to the system of administration of justice.