BASL urges Acting President to revoke state of emergency declaration

Tuesday, 19 July 2022 01:34 -     - {{hitsCtrl.values.hits}}

  • Insists state of emergency is not the answer to the present situation
  • Warns undue stifling of legit view-expression is unacceptable
  • Says process must be free of coercion, bribery and undue influence 
  • Reiterates importance of peaceful protest 

The Bar Association of Sri Lanka (BASL) yesterday called on Acting President Ranil Wickremesinghe to revoke the state of emergency declared by him days ahead of the election of a new President through Parliament.

Issuing a statement following the announcement, the BASL said the proclamation must be revoked to ensure fundamental rights including the freedom of speech and peaceful assembly, in which are all aspects of the sovereignty of the people are respected and protected and not violated by the State or its agents.

“The BASL remains of the view that a declaration of a state of emergency is not the answer to the present situation in the country, including the spate of public protests which have occurred which resulted in the eventual resignation of the former President,” the statement emphasised.

“The BASL is of the view that at a time when the election to the office of President has been scheduled in Parliament, the Emergency Regulations must not be used to suppress any legitimate expression of opinion on the election of the President nor to suppress any dissent or disagreement on a particular candidate,” the BASL statement said.

The BASL also notes that in terms of the law any attempt to unduly influence a Member of Parliament or bribing a Member of Parliament in respect of his vote is a specific offence under the law. Any attempt to use any threat, undue influence, coercion or bribe to influence such vote will be illegal and should not be condoned. 

However, it must also be noted that whilst undue influence or threats are prohibited, the law does not preclude a member of the public from expressing his or her view on the election or the choice of a particular candidate or the relative merits or demerits of a candidate at the election.

A number of protests organised by groups including trade unions connected to the GotaGoGama citizen’s movement are expected to take place today against the candidacy of Wickremesinghe at the upcoming election.

The BASL in its statement also called on protestors to take utmost care to ensure that protests remain peaceful and must be wary of persons who might seek to cause violence and destruction during such protests. “If a peaceful protest becomes violent, that will only dilute the objective and purpose of a peaceful expression of dissent and strengthen the hands of those who seek to suppress legitimate dissent,” it said.

According to the Extraordinary Gazette issued, a state of emergency was declared in the interests of public security, the protection of public order and the maintenance of supplies and services essential to the life of the community.

Wickremesinghe was sworn in as Acting President on 15 July before Chief Justice Jayantha Jayasuriya. This is the third time since 1 April that the country has been placed under a state of emergency.

 

 

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