Unions opposed to Counter Terrorism Act
Lending its voice to a chorus of protests by trade unions, the Ceylon Federation of Labour (CFL) this week criticised the proposed Counter Terrorism Act (CTA).
While welcoming the government’s commitment to redeem the pledge given to the country in 2015 to repeal the Prevention of Terrorism ( Temporary Provisions) Act No.48 of 1979 (PTA), the CFL said it did not view with favour the proposed CTA that is to replace the present PTA.
“Our opposition to the proposed CTA is warranted by its horrendous contents that classify as offences the entire range of democratic activity by bringing it under the ambit of, terrorism related offences, and associated offences, which carry strong penalties. The very wide and vague definition of terrorist acts given in the proposed law brings it in conflict with the provisions of our Constitution that provides the right to organise, of association and assembly,” the CFL said in a media release.
The CTA also includes clauses that seek to criminalise freedom of expression and distribution of information to the public even when such information falls within the scope of allowable action and does not incite or advocate or incite the causing of an offence but merely causes such a fear.
The CFL said the CTA’s expansion of powers of arrest without a warrant not only to police officers but also to the armed forces and coast guard is most unacceptable as the intended law is going to be a permanent one rather than a temporary or emergency measure. The transfer of power to issue Detention Orders to police officers is also unwelcome as it poses a potential threat to civil liberties. These are dangerous powers and their exercise should be restricted to officials of the highest levels who can be held responsible rather than be “the plaything of each and every DIG”. Traditionally the power to issue Detention Orders was vested in the Secretary Defence.
The statement said that when a detention order is to be extended the police can file a confidential report to the Magistrate which could effectively lock up the suspect creating a system of secret justice that is unprecedented in Sri Lanka.
The CTA removes the discretion of the Magistrate to grant bail and compel him/ her to act in accordance with the requests of the police which in fact is an alienation of judicial power. The failure to permit the Magistrate the power to review detention orders denies that any post-arrest detention be authorised by the Magistrate in the nearest location and no one else.
“The Minister is allowed to proscribe organisations that act prejudicial to what is called national security even if such organisations are not involved in criminal conduct. National security is left undefined and over-broadened. This means that compelling any government to do something by committing low level offences such as grievous hurt would amount to terrorism.” The statement said:
“The proposed CT law gives unprecedented powers to an SSP to prevent movement in certain areas, prevent people from coming in or going out, prevent services, etc based on nothing more than information received, not even a reasonable suspicion.
By the proposed law when the President proclaims a service as essential, the working people forfeit the right to strike as it would deem to be a terrorist act. The state has categorically been stated so in open Court.
In the event of proscription by the Police freedom of association is denied. Freedom of assembly, freedom of expression and freedom of conscience are all denied.
The CTA gives such wide discretionary powers to the police, armed forces and the coastguard to detain any person on terrorism charges provides opportunities for abuse of power and human rights violations and victimisation of ordinary citizens. This is a very real fear when one considers the environment in which very senior police officers and armed forces personnel have been implicated in multifarious offences such as kidnapping, abductions for ransom, killings, etc.
In view of the above, it is the considered opinion of the CFL that there is no real need for further repressive legislation to combat any eventuality that is envisaged by the government’s proposed Counter Terrorism Act. The CFL is opposed to the CTA and calls upon the government to withdraw the Bill forthwith. We appeal to all democratic forces to join together to ensure its defeat in Parliament.”