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| Clergy members from Jaffna diocese are seen in this Feb. 16 photo after signing a petition against the proposed Protection of the State from Terrorism Bill at the bishop's house in Jaffna, Sri Lanka. |
(UCAN) Church officials in northern Sri Lanka's Jaffna diocese have joined civil society groups opposing a proposed anti-terrorism law, warning that it could further undermine citizens’ rights.
Father P.J. Jebaratnam, vicar general, was among diocesan priests who signed a petition on Feb. 16 against the proposed Protection of the State from Terrorism Bill (PSTA). The bill pending in parliament is intended to replace the controversial Prevention of Terrorism Act (PTA).
“We strongly believe that the proposed law is an ill-thought-out move to replace the PTA, which has remained in effect for years even after the civil war ended in 2009,” Jebaratnam told UCA News.
Led by the vicar general, several Hindu clergy also signed the petition at the bishop’s house in Jaffna before launching a grassroots campaign.
Jebaratnam said Tamil-speaking minorities were among those most affected by the existing PTA, which allows police to detain suspects for more than a year without trial. Confessions made to police are admissible in court.
The campaign, under the slogan “Repeal PTA and Stop PSTA,” has gained momentum in the region that endured a decades-long civil war, which ended in 2009.
Under the PTA, thousands of suspects — mainly Tamil youths — were detained on suspicion of links to militants. Many spent years in custody without being formally charged or acquitted under the PTA provisions.
According to the United Nations, more than 100,000 people were killed and thousands went missing during the three-decade war. A separate U.N. estimate said about 40,000 civilians were killed in the final stages of fighting in the Vanni region. The Sri Lankan government has rejected the U.N. figures.
T. Komagan, a convener of a movement seeking the release of Tamil political prisoners held under the PTA, said the proposed bill is worse than the current law.
“It threatens the right to dissent and freedom of expression, and it is detrimental to media freedom,” he told UCA News.
In December, Sri Lanka’s Ministry of Justice and National Integration published the draft bill following months of stakeholder consultations. The government has called for public and civil society comments before submitting it to parliament.
Under the proposed law, those convicted of terrorism could face penalties ranging from 20 years in prison and fines to life imprisonment.
Last week, several U.N. special rapporteurs expressed “deep concern” over what they described as continuing substantive deficiencies in the draft law, saying it falls “significantly short of conformity with international law.”
In a joint communication, the mandate holders — including the special rapporteur on counter-terrorism and human rights, the Working Group on Arbitrary Detention and the Working Group on Enforced or Involuntary Disappearances — questioned the bill's definition of terrorism.
They said international best practices limit terrorism to acts involving death, serious bodily injury or hostage-taking. The proposed law, however, also includes lesser offenses such as “mere hurt,” property damage and common crimes such as robbery or weapons offenses.
The experts also criticized provisions that extend criminal liability to “knowledge” or “recklessness,” rather than requiring intent. They also urged the removal of broadly defined aims such as “infringing the sovereignty” of the country.
Aingkaran, a Jaffna-based lawyer and civil society activist, said the government has not acted in good faith in drafting a replacement for the PTA.
“There are no significant progressive clauses in the proposed law,” he said.
“I believe this is to show the international community that the government is trying to do something, since it is under international obligations,” while essentially ensuring the continuation of the PTA framework, he added. (Courtesy-UCAN)
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