Sri Lanka Lawyers Collective call for end to executive presidency, online policing law, PTA

COLOMBO– Sri Lanka’s Lawyers Collective has called on the National People’s Power (NPP) administration to abolish the executive presidency and repeal the anti-terror law and online policing law.

“The autocratic rule made possible in the role of the executive president has been extremely damaging to democracy, the rule of law and the independence of institutions including the judiciary,” the lawyers said in a statement, adding that the abuse of power and undermining of all public institutions and the corruption that has accompanied this have been witnessed by citizens for decades, especially in 2009-2024.

The statement in full

The Lawyers’ Collective writes to the new Cabinet of Ministers and all members of the newly elected 10th Parliament of Sri Lanka on the importance of recognizing the legislative mandate signalled by the people at this election.

We congratulate all elected representatives of the new parliament and emphasize that the mandate given is a clarion call to ensure that the legislative agenda reflects the sovereign will of the people.

We urge the new government to recognize now and without further delay the need for action on the promises given to the nation on an urgent national legislative agenda. The absence of a 2/3 majority hampered progress on earlier attempts at constitutional reform and this type of agenda. The massive mandate given by the Sovereign People of Sri Lanka for vital legislative reform must be accompanied by swift action to carry this promised agenda forward, with due attention to urgent priorities.

In light of the massive mandate to carry forward this vision of accountable governance to the Sovereign People of Sri Lanka, the Lawyers’ Collective wishes to highlight the need to carry forward promised reforms in a new legislative agenda prioritizing the following areas:

The Preamble to the Constitution has been a reminder of the purpose of the confidence reposed by the People in their Representatives. It is to ‘…constitute SRI LANKA into a DEMOCRATIC SOCIALIST REPUBLIC whilst ratifying the immutable republican principles of REPRESENTATIVE DEMOCRACY and assuring to all Peoples FREEDOM, EQUALITY, JUSTICE, FUNDAMENTAL HUMAN RIGHTS and the INDEPENDENCE OF THE JUDICIARY as the intangible heritage that guarantees the dignity and well-being of succeeding generations of the People of SRI LANKA and of all the People of the World, who come to share with those generations the effort of working for the creation and preservation of a JUST AND FREE SOCIETY:’
Towards constituting this vision of Sri Lanka, the Lawyers Collective highlights the most urgent of the legislative reform that must be prioritized.

  1. Abolish the Executive Presidency
    The autocratic rule made possible in the role of the executive president has been extremely damaging to democracy, the rule of law and the independence of institutions including the judiciary. The abuse of power and undermining of all public institutions and the corruption that has accompanied this have been witnessed by citizens for decades, especially in 2009-2024.

The Janatha Vimukthi Peramuna drew attention to this reality and sought the abolition of the Executive Presidency through the Twentieth Amendment to the Constitution, 2018. The Samagi Jathika Balavegaya, the main opposition party, unsuccessfully brought the Twenty-First Amendment to the Constitution, 2022, during the last government to achieve this goal. Both the National People’s Power and the Samagi Jathika Balavegaya promised this reform in their manifestos as a foundational basis to eliminate corruption and achieve accountable governance for the Sovereign People of Sri Lanka.

The Lawyers’ Collective urges the President and the Government to place this matter at the top of the legislative agenda and take the necessary steps towards achieving it as a matter of priority. A great deal of work has already been done on this issue reform, and there are important reports from both official agencies and civil society organizations in the public domain. We also have the Constitution Bill of 2000 and the Twentieth and Twenty-first Amendment Bills referred to above. The Constitutional Assembly of 2016-17, to which the Janatha Vimukthi Peramuna contributed immensely, also worked on this issue and presented an Interim Report and a draft constitutional bill. Thus, the task of drafting a constitution to abolish the Executive Presidency can be completed in a few months in the first year of office. This can enable the President, as promised, to head the government as the Prime Minister of the country, responsible for accountable governance to Parliament and the People.

Prioritizing this reform is vital. As the reform requires approval at a referendum, history has shown us that proposing such reform at later stages of a parliamentary term becomes a referendum on a government’s performance instead of a referendum on the constitutional amendment. Governments also have to deal with political opposition by spoilers and an opposition that finds political gain-making in retracting support for necessary reforms. To put it in another way, the Government must strike when the iron is hot. As the late Maduluwawe Sobhitha Nayaka Thero put it in pithy Sinhala in 2015 when advocating the immediate abolition of the Executive Presidency, the roti must be made while the pan is hot (‘thatiya rathvela thiyanakota rotiya puchchanna’).

  1. Repeal the Prevention of Terrorism Act of 1979 (PTA)
    The PTA has made a mockery of the anti-terrorism legal framework in Sri Lanka and has been repeatedly used by successive governments against individuals, groups and institutions to suppress legitimate freedoms of expression, assembly and other civic rights. The law has become infamous for its draconian provisions, which fully undermine the human rights safeguards that ought to be ordinarily provided to citizens. The PTA gives broad powers of arrest and detention based on a vague and broad definition of terrorism, and such powers are not subject to judicial review. It also provides for broad, extraordinary presidential powers. Repealing this law is thus crucial from human rights as well as reconciliation, accountability and institutional reform point of view.

The Lawyers’ Collective is distressed to note that the draconian PTA is still being used even in cases where the ordinary law of the land can be used.

  1. Repeal the Online Safety Act of 2023

The Online Safety Act was proposed under the guise of protecting the rights of women and children, and its scheme is overwhelmingly focused on defamation and critique. This law regressed Sri Lanka’s position of removing criminal liability from defamation. The law serves no purpose and is poorly crafted with overly broad definitions and powers. As such, it cannot sit in the law books of Sri Lanka as a necessary piece of legislation.

  1. Some current and recent issues of governance of concern

The Lawyers’ Collective notes that the powers of the executive presidency have been abused to undermine the autonomy of the public University system in Sri Lanka. We urge the legislature to consider the reforms that strengthen the independence and internal accountability mechanisms of the public university system.

The most recent issue that the Lawyers Collective takes this opportunity to highlight is the long-standing need for independence of institutions. An example of concern is the matter relating to the Vice Chancellor of Ruhuna University. The recent incidents in Ruhuna University demonstrate the manner in which governing bodies and academic bodies in public universities have become dysfunctional due to the years of political interference in university administration. The Lawyers’ Collective notes that the Minister of Education has exercised powers under the University’s Act to manage the current crisis. A Competent Authority has been appointed as an interim measure. However, for the Rule of Law to be followed and sustained, there must be an independent inquiry, with due process and respect for norms of natural justice and the right of the Vice-Chancellor of the Ruhuna University to be heard before a Competent Authority is appointed or he is removed from office. This is a presidential appointment and it is the President who can remove a Vice-Chancellor in consultation with the UGC. Such a decision would also require due process be observed by all involved in the decision. The President may act on the basis of a report by an inquiry committee forwarded to him by the Minister of Education with her recommendation.
The legislative agenda outlined above represents a clear break from autocratic and oppressive centralized rule to ruling by people for people. Signalling this break with these legislative reforms will be received as a fulfilment of the mandate and will set the tone for institutional governance that is people-focused.
The Lawyers’ Collective has been a voice for democracy, the rule of law and the independence of the judiciary in Sri Lanka. As evidenced by our several statements in the last few years, the process of law-making has failed the people of this country. We remind the government and the representatives in the legislature that it is important to adopt a transparent and inclusive process of policy and law-making that is proportionate and responsive to the needs of the people. Dialogue and communication with the sovereign people of this country will deepen legitimacy and public trust in governance.

Yours faithfully,
On behalf of the Lawyers’ Collective
Mr Upul Jayasuriya, President’s Counsel
Dr Jayampathy Wickramaratne, President’s Counsel
Professor Savitri Goonesekere, Attorney-at-Law
Mr Geoffrey Alagaratnam, President’s Counsel
Mr Saliya Pieris, President’s Counsel
Mr S.T. Jayanaga, President’s Counsel
Professor Deepika Udagama
Professor Camena Gunaratne
Rev Fr. Noel Dias, Attorney-at-Law
Mr K.W. Janaranjana, Attorney-at-Law
Mr Srinath Perera, Attorney-at-law
Ms Ermiza Tegal, Attorney-at-Law
Mr Darshana Kuruppu, Attorney-at-Law

 

Comments are closed, but trackbacks and pingbacks are open.

otc high blood pressure treatment blood pressure guidelines medications blood pressure pills that is safe for the liver high blood pressure medication levothyroxine blood pressure medication that reduces blood pressure is there any difference in blood pressure pills high blood pressure child medication blood pressure medication recommendation nose blue blood pressure medication blood pressure is 150 68 should i take my medication blood pressure medication while nursing taking a bunch of high blood pressure pills aerobic exercise and blood pressure medication good blood pressure medication acupuncture treatment for low blood pressure best over the counter pills for high blood pressure blood pressure pill amlodipine besylate high blood pressure signs and treatment moderna vaccine blood pressure medication which blood pressure drugs do not cause tinnitus blood pressure medication fights cancer blood pressure medication skin rash side effects of high blood pressure medication impotence medication to avoid on blood pressure medications high blood pressure rx medication peripheral neuropathy caused by blood pressure medication high blood pressure in pregnancy treatment nice runny nose do to blood pressure medication how to get off of blood pressure pills hiv medication and high blood pressure niacin treatment for high blood pressure two drugs for blood pressure that caused cancer high blood pressure causing medications high blood pressure medication names canada blood pressure medication side effects alcohol i take 3 blood pressure medication blood pressure pills that help with anxiety what iv drug raises blood pressure list of doctors who formulated blood pressure medications how to remember blood pressure medications sleeping pills blood pressure how fast does blood pressure medication take effect sweet n low high blood pressure medication home treatment for blood pressure high blood pressure medication matrocet high blood pressure medication doses blood pressure drug bystolic iberstaron blood pressure medication blood pressure medications st alphabetical celexa and high blood pressure medication does blood pressure pills irritation skin can i take combivent with high blood pressure medication blood pressure medications beta blockers list what to do if blood pressure medication does not work drugs to lower your blood pressure red beet pills for blood pressure taurine and blood pressure medications how ling for garlic pills to lower blood pressure blood pressure medication list and side effects can i take aspirin with high blood pressure medication blood pressure medication teaching about hot tubs water pills high blood pressure over counter what is an arb medication for blood pressure resveratrol high blood pressure medication high blood pressure medication and weight loss gum disease and blood pressure medication benzenesulfonic acid in blood pressure medication taking two blood pressure pills by mistake allergy pills for high blood pressure blood pressure prescription drugs safety blood pressure medication in pregnancy trazodone and blood pressure medication which blood pressure medication is linked to skin cancer list of blood pressure medications with the least side effects could blood pressure medication make blood thicker disadvantages of high blood pressure medication blood pressure medications ludipril typical drugs for high blood pressure otc water pills for high blood pressure blood pressure medications that do not doncause bowel blockage high blood pressure after corrosion treatment how soon does high blood pressure medication work blood pressure medication teaching amertyrine high blood pressure medication increased blood pressure and heart rate after drug overdose over the counter drugs high blood pressure blood pressure medication 25 is blood pressure medication a nitrate most effective blood pressure pills blood pressure medical does red yeast rice interfere with high blood pressure medication can apple cider vinegar pills lower blood pressure does blood pressure medication give you headaches high blood pressure medication and driving should you take blood pressure pills with food inn blood pressure drugs can you eat bananas if taking blood pressure medication popular high blood pressure medication blood pressure medication los blood pressure medication second drug low blood pressure and hypertension medication do water pills lower blood pressure high blood pressure pill aqunadine high blood pressure cholesterol medication how does medication lower blood pressure acetaminophen blood pressure medication blood pressure medication 30 mg that works around the heart what does grapefruit do to blood pressure medication can red yeast rice be taken with blood pressure medication pharmaceutical treatment for high blood pressure are blood pressure pills statins blood pressure pills that start with r blood pressure medication and male impotence taking baby aspirin with other high blood pressure medications what is the medical name for a blood pressure cuff leg cramps and blood pressure medication blood pressure pill name starts with p natural high blood pressure treatments blood pressure medication names losartan higher blood pressure with radiation treatment medical marijauna high blood pressure how to avoid medication for high blood pressure what time is best to take blood pressure medication medication for palpitations and high blood pressure latest news on blood pressure treatment what if i take two blood pressure pills does xanax interfere with blood pressure medication amlipan blood pressure medication vitamin e and blood pressure medication tell me the side effects of high blood pressure medication herbs pills to lower blood pressure blood pressure medication urge to urinate what medication will safely replace lisop as blood pressure medicine active ingredient in high blood pressure medication blood pressure medications cause adrenal tumors is biktarvy ok to take with high blood pressure medication alembic blood pressure medication sandoz blood pressure medication exercise high blood pressure medication grapefruit pills blood pressure treatment for high blood pressure at home blood pressure medication for patients with osa cycle on off blood pressure medication blood pressure drugs that do not cause heat sensitivity blood pressure medications that do not cause coughing what blood pressure medications do not cause rosacea pfizer blood pressure medication side effects do garlic pills really help lower blood pressure should i take medication for anxiety induced blood pressure treatment for uncontrolled blood pressure decongestant medication high blood pressure can stiff days be used with high blood pressure medication how long does it take medication to lower blood pressure what if i miss a blood pressure pill tribenzor high blood pressure pills law lawsuit 2023 treatment of sudden drop in blood pressure zoloft and blood pressure medication orange high blood pressure pill cancer blood pressure pill why cant people with high blood pressure take keto pills how long for blood pressure to go down mini pill should i get second opinion before taking blood pressure medication blood pressure erectile dysfunction medication high blood pressure medication m lot ben medical device lowers blood pressure puppy ate blood pressure pill are there medications for low blood pressure dod blood pressure medication is losartan a blood pressure pill combination drugs for blood pressure marijuana and blood pressure medication interaction blood pressure medication interactions with grapefruit can you eat bananas while taking high blood pressure medication steps before going on high blood pressure medication blood pressure medication when to cut down foods to avoid on blood pressure medication blood pressure medications depression blood pressure medication non beta blocker tattoos and high blood pressure medication what is the medications used to lower blood pressure quickly high blood pressure medication leg swelling blood pressure medication men in your 40s blood pressure medication wieight loss blood pressure medication hy can blood pressure medication lower blood sugar does blood pressure medication make you pee natural treatment high blood pressure during pregnancy can you take l arginine with high blood pressure medication what class of blood pressure medication can can blood pressure pills reduce appetite faa approved medication for high blood pressure high blood pressure medication during pregnancy best blood pressure medication for type 2 diabetes blood pressure and pain medication pain medication that does not affect blood pressure best high blood pressure drugs on the market if you take incorrect medications to lower blood pressure low blood pressure treatments does your body have to adjust to blood pressure medication why water pill for high blood pressure drugs for treatment of very high blood pressure during pregnancy can i drink grapefruit juice with high blood pressure medication can blood pressure pills make you feel cold high blood pressure medication that helps with weight loss amlodipine blood pressure drug blood pressure medication for infants varicose veins blood pressure medication life extension high blood pressure medication does tylenol interfere with blood pressure medication can i take diamox with other high blood pressure medications prestige medical blood pressure cuff calibration drugs used for high blood pressure chamomile tea and high blood pressure medication narcotics stored alongside blood pressure medications in does nutrigrove blood pressure pills work extremely low blood pressure treatment blood pressure medication for iga nephropathy blood pressure medication low side effects can i increase my blood pressure medication what is the best blood pressure medication to take drugs that cause increased blood pressure does biotin interfere with high blood pressure medication cani od on high blood pressure pills blood pressure medication that also helps with jerking blood pressure medication categories first line treatment of high blood pressure medication for low blood pressure in usa armour thyroid drug interactions blood pressure meds hepatitis c treatment high blood pressure high blood pressure arb drugs low blood pressure treatment with essential oils high blood pressure medication list for pregnancy blood pressure medication and snake venom blood pressure medication low dose liquid blood pressure medications ivf drugs and high blood pressure left my blood pressure medication does it matter when you take blood pressure medication can you take blood pressure pills twice a day privilin blood pressure medication how big are blood pressure pills once you start blood pressure medication can you stop diuretic in blood pressure medication what medication reduce blood pressure new blood pressure treatment prescribed home medications for high blood pressure blood pressure medication side effects forums taking blood pressure pills dizzy when bend over a lot blood pressure medication and nyquil cinnamon pills and high blood pressure temporary high blood pressure treatment single agent blood pressure medication blood pressure medication made in china fda approved medications to reduce blood pressure immediate treatment for high blood pressure at home best time to take blood pressure pills muscle loss on high blood pressure medication blood pressure medication when needed treat high blood pressure without medication blood pressure medication side effects for men cbd pills for high blood pressure blood pressure regulation without medication blood pressure medication and pre workout high blood pressure alzheimer disease and antihypertensive treatment miss blood pressure medication blood pressure pills suicide peaceful emergency drugs for low blood pressure common blood pressure medications in canada systolic blood pressure define medical viril and high blood pressure pills can statin drugs help lower blood pressure do you have to wean off blood pressure medication new drugs for blood pressure when is high blood pressure medication necessary drugs for hi blood pressure cold medications and blood pressure taking 2 blood pressure pills mistake why doctors stopped prescribing blood pressure medication common high blood pressure medication canada what side effects does blood pressure medication have ulcer medication high blood pressure can high blood pressure medication elevate alkaline phosphatase blood pressure medication warning getting blood pressure medication jamaica alkaline water and blood pressure medication blood pressure going up and down with medication drugs reduce systolic blood pressure treatment for rapid high blood pressure low blood pressure alternative treatment do all high blood pressure medications cause weight gain medication for increasing blood pressure blood pressure medication for african american males vitamins for high blood pressure treatment aleve with blood pressure medication how to lower blood pressure without pills blood pressure triple pill who blood pressure guidelines for hygiene treatment what drug reduces blood pressure blood pressure medications enalapril met blood pressure medication