Lawyers urge Govt. to withdraw new anti-terror and online safety laws 

• Issues a statement condemning the two controversial draft bills 
• Claims Govt. has failed to respond to serious concerns about bills and adopt transparent process in relation to them 
• Stresses attempts to enact dangerous laws to crush dissent and curb civil liberties can cause great alarm

The Lawyers’ Collective, a civil society group consisting of legal practitioners in Sri Lanka issued a statement yesterday condemning the recently proposed Anti-Terrorism and Online Safety Bills which were published through gazette announcements this year. 

The collective said the Government has failed to respond to the serious and fundamental concerns raised about the Anti-Terrorist Bill and adopt any transparent and accountable process through which the bills were explained, justified and robust public consultation facilitated before they were gazetted. 

“The definitions adopted for ‘terrorism’ and ‘false statement’, and related offences created under the two bills are excessively broad and vague and thus do not represent a measured and proportionate means of serving specific and necessary law and order objectives. Indeed, the Anti-Terrorism and Online Safety Bills represent an attempt to institutionalise excessive executive discretionary power over a broad range of ordinary activities of the citizens of Sri Lanka,” they said.

The organisation said attempts to rush into the enactment of dangerous laws that have a high potential to crush dissent and curb civil liberties can cause alarm at a time when the country’s democracy quotient is historically low. 

“Citizens of this country are currently making a wide range of demands on their elected representatives and government officials in the context of the deep economic crisis and the bearing it has on their lives. Democracy demands that the widest possible space be created at this time to hear citizens’ grievances and to engage citizens and citizen groups, especially vulnerable communities,” it added. 

The Lawyer’s Collective also noted that the intolerance represented by the two proposed laws towards legitimate dissent, critique, opposition and organising around different ideas and solutions for governance in Sri Lanka is a direct threat to democracy, civil liberties and the role of the judiciary in protecting citizens’ sovereignty against executive capture. 

They highlighted that recent Sri Lankan history is marked by terrible violence and social and economic devastation caused by repressive approaches to unrest and inequality in our society and polity. The organisation stressed that at this moment the legal profession has a role and responsibility to act to safeguard people’s treasured freedoms.

They demanded the withdrawal of the two bills and called for the adoption of a transparent process of consultative law-making and the proposal of executive and legal measures that are proportionate and responsive to the needs of the people.

It also urged the Government to desist from enacting laws that will harm the very foundations of democracy in Sri Lanka. “Such laws that grant the executive excessive powers to curtail citizens’ fundamental rights to freedom of expression and thought, freedom of association, freedom of assembly and liberty erode the sovereignty of the people that is the very basis of Sri Lanka’s constitution,” they noted. 

The release was signed by Councils Rienzie Arsecularatne PC, Upul Jayasuriya PC, Dr. Jayampathy Wickramaratne PC, Geoffrey Alagaratnam PC, Dinal Phillips PC, Saliya Pieris PC, Lal Wijenayake, Upul Kumarapperuma and Nuwan Bopege on behalf of all members of the organisation.