Sri Lanka’s Anti-Terror Law Needs Urgent Repeal

Sri Lanka’s Anti-Terror Law Needs Urgent Repeal

Syllabus:

GS-3:

Challenges to Internal Security Through Communication Networks , Government Policies & Interventions , India and its Neighbourhood

Focus:

Sri Lanka’s newly elected National People’s Power (NPP) government, which pledged to repeal the controversial Prevention of Terrorism Act (PTA), has yet to take concrete steps. Despite previous opposition to the law and public support for its removal, the government now appears reluctant, raising concerns over human rights commitments.

Introduction: The PTA and Its Legacy

• The Prevention of Terrorism Act (PTA) was introduced in Sri Lanka in 1979, under President J.R. Jayawardene’s government, with the objective of countering terrorism, particularly from the Liberation Tigers of Tamil Eelam (LTTE).
• The law was modeled on apartheid-era South African legislation and British laws used against Irish militants. Originally intended as a temporary measure, it became permanent in 1982.
• Despite its initial purpose, the law has been widely criticized for violating human rights and being used against dissidents and minority groups.

Provisions of the PTA: A Tool for Abuse:

• Arbitrary Detention: The law allows for administrative detention without judicial oversight. Individuals can be detained for long periods without trial, often based on vague accusations.
• Confession-based Convictions: Confessions obtained under duress or torture are admissible as evidence in court, leading to wrongful convictions.
• Criminalization of Silence: Failure to provide information to the police is an offense under the PTA. This provision has been abused to extract forced confessions, implicating innocent individuals.
• Lack of Accountability: Law enforcement officers who fabricate evidence or engage in torture face no consequences, leading to widespread impunity. Even when false evidence is exposed, officers are rarely held accountable, allowing the cycle of abuse to continue.

Impact on Society: A Culture of Fear and Oppression

• Selective Application: The PTA has been applied selectively against political opponents, human rights activists, journalists, and minority groups, especially the Tamil and Muslim populations.
• Political Suppression: Critics argue that the PTA has been used as a tool of political repression, with the government utilizing it to silence dissent, suppress opposition, and target those challenging the status quo.
• Case Study of Journalist J.S. Tissainayagam: In 2009, journalist J.S. Tissainayagam was imprisoned for publishing an article that accused the government of starving Tamils during the civil war. The charges against him were based on the PTA, as the government claimed his article could incite communal disharmony. He was eventually pardoned after international pressure.
• Impacts on National Unity: The law has deepened divisions in Sri Lankan society, particularly between the Sinhalese majority and Tamil minority, and it continues to fuel ethnic tensions.

Government Pledges and Inaction: The Continued Existence of PTA

• Promises to Repeal the PTA: Successive Sri Lankan governments, including the current National People’s Power (NPP) government, have vowed to repeal the PTA, especially after the end of the civil war in 2009.
• Cosmetic Amendments: Despite the promises, the law has not been repealed. Minor amendments have been made, but the core provisions of the PTA remain in effect. The government has also announced a moratorium on its use, but arrests continue under the law.
• Continued Abuse: Recently, there have been reports of continued arrests under the PTA, signaling that the law is still very much in use and is an ongoing tool for repression.

Campaign for Repeal: Public Support and Political Challenges

• Island-Wide Signature Campaign: In 2021, A. Sumanthiran, along with rights activists and parliamentarians, led an island-wide signature campaign calling for the repeal of the PTA. The campaign received broad support from all ethnic communities in Sri Lanka.
• Political Will and Reluctance: Despite the popular support for its repeal, the government has shown reluctance to follow through on its promise. While in opposition, the NPP strongly opposed any alternative to repealing the PTA. However, now in power, there are indications that the NPP may propose a new law to replace the PTA rather than fully repealing it.
• Concerns Over Replacement Laws: Past attempts to replace the PTA with more “humane” laws have been heavily criticized. Rights groups argue that the replacement drafts proposed by previous governments were worse than the PTA itself, perpetuating similar abuses under a different name.

Challenges in Repealing Sri Lanka’s Prevention of Terrorism Act (PTA):

• Institutional Resistance: 
  • The security establishment has grown reliant on the PTA for unchecked authority and is reluctant to relinquish these powers.
  • Deep-rooted institutional interests resist reforms that would weaken executive control over civil liberties.
• Political Inconsistency: 
  • Despite electoral promises, ruling parties often backtrack under pressure from military and intelligence agencies.
  • Political will diminishes once in power due to fear of being perceived as soft on security.
• Ethno-political Divides: 
  • The PTA has historically been used to target ethnic minorities—Tamils and Muslims—creating deep mistrust in state intentions.
  • Nationalist groups may resist repeal, framing it as a threat to national unity and security.
• Weak Legal Safeguards: 
  • Sri Lanka lacks strong institutional mechanisms to ensure rights protections once draconian laws are withdrawn.
  • Previous draft replacements for the PTA have often included even more stringent provisions.

Way Forward:

• Immediate Moratorium: 
  • Impose a legal moratorium on new arrests under the PTA while repeal efforts are underway.
• Transparent Repeal Process: 
  • Ensure inclusive public consultations involving civil society, legal experts, and minority communities.
• Strong Alternative Legislation: 
  • Draft new laws aligned with international human rights standards to address genuine security threats.
• Independent Oversight Bodies: 
  • Establish independent judicial and parliamentary oversight over any future counter-terror mechanisms.
• International Collaboration: 
  • Work with global human rights bodies to guide the reform process and restore international credibility.

Conclusion: The Need for Immediate Action

• Urgent Need for Repeal: The Prevention of Terrorism Act, despite its original intent, has evolved into a tool for political repression and human rights violations. The ongoing use of the PTA contradicts the promises made by successive governments, including the NPP, to protect fundamental rights.
• Test of Government’s Commitment to Change: The repeal of the PTA should be a litmus test for the Sri Lankan government’s commitment to upholding democratic principles and human rights. Repealing this law will demonstrate the government’s willingness to translate its pre-election rhetoric into tangible reforms.
• International and Domestic Pressure: Continued domestic and international pressure is necessary to ensure that the government honors its commitment to repeal the PTA. Human rights defenders and the international community must continue to advocate for its repeal and hold the government accountable.
• Long-Term Peace and Reconciliation: A genuine effort to repeal the PTA is crucial for building lasting peace and reconciliation in Sri Lanka. Ending the use of this law will signal a shift towards a more inclusive and democratic society, where all citizens, regardless of ethnicity or political affiliation, can live free from fear of unjust detention and persecution.

Source: TH

Mains Practice Question:

“Critically evaluate the impact of Sri Lanka’s Prevention of Terrorism Act on human rights and democratic freedoms. Should the Sri Lankan government take immediate steps to repeal this law? Discuss.”