In light of the newly proposed Anti-Terrorism Bill in Sri Lanka, the Liberal Youth Movement expresses deep concern over the potential for state abuse and human rights violations. It is essential that any legislation enacted to protect citizens from terrorism is designed with robust human rights protections to prevent misuse and uphold fundamental freedoms.
While the Bill does incorporate some positive elements, such as basic due process rights, we are concerned that these safeguards may not be sufficient to protect constitutionally guaranteed rights or prevent a continuation of abuse by successive governments under the guise of countering terrorism.
Of particular concern is the Bill’s definition of terrorism, which deviates from internationally accepted standards and introduces broad and undefined elements. This could lead to the criminalization of activities and opinions that do not constitute terrorism under international law.
Additionally, the Bill grants excessive powers to members of the armed forces, leading to the further militarization of law enforcement and increasing the risk of human rights violations. This includes the power to arrest without evidence or due process, search without authorization, and issue detention orders without oversight.
Moreover, the proposed legislation undermines the role of magistrates, granting the police more power over detention decisions and limiting the ability of magistrates to act as a check on police actions. This further erodes the separation of powers and weakens the oversight mechanisms necessary to prevent abuse.
The establishment of a parallel institution to the Human Rights Commission of Sri Lanka, the Independent Review Panel (IRP), raises questions about its function and transparency. The IRP’s powers, remedies, and relationship with the Human Rights Commission are unclear, and its confidentiality requirement appears to be more focused on protecting perpetrators than safeguarding complainants.
The Bill’s provisions also concentrate power in the hands of the President, allowing for the proscription of organizations and the declaration of “prohibited places” without transparent processes or objective criteria. This creates a situation ripe for arbitrary decision-making and unchecked executive power.
In conclusion, the Liberal Youth Movement urges a thorough review of the proposed Anti-Terrorism Bill to ensure that it meets international human rights standards, prevents abuse, and upholds the fundamental rights and freedoms of the people of Sri Lanka. We call for increased transparency, oversight, and the implementation of safeguards that protect citizens from potential state abuse.
