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The main Opposition the Samagi Jana Balawegaya (SJB) yesterday called on President Gotabaya Rajapaksa to rescind the purported declaration of State of Emergency to deal with the food crisis, saying it was made in bad faith and posed serious implications.
“We call upon his Excellency the President to forthwith rescind the purported Declaration of a State of Emergency,” SJB General Secretary Ranjith Madduma Bandara said in a statement.
Instead, the SJB urged the President to take steps to promulgate legislation to deal with the pandemic (which would ensure that the pandemic was effectively dealt with while upholding the rights of the citizenry).
The SJB also said that, in the interim, the President should act in terms of the Sri Lanka Disaster Management Act, to constitute the National Council for Disaster Management, and take necessary steps towards dealing with the pandemic by obtaining the advice and guidance of experts in the relevant fields.
The SJB said disruption to essential supplies and services, if any, had been caused by the Government’s inefficiency and mismanagement, and were not disruptions which would warrant a declaration of a State of Emergency under and in terms of the Public Security Ordinance.
“We also reiterate that the purported declaration of a State of Emergency has been made in bad faith, with an ulterior motive of further wrongfully restricting the fundamental rights of the citizenry, and moving further in the direction of authoritarianism,” SJB General Secretary said.
Following is the full text of the statement.
“By Gazette Extraordinary No. 2243/01 of 30 August 2021, His Excellency the President has purported to declare a State of Emergency by bringing into effect part two of the Public Security Ordinance, on the basis of the COVID-19 pandemic.
“The Provisions of the Public Security Ordinance, as the name of the ordinance itself suggests, are more suited to situations which pose a threat to public security, rather than situations caused by pandemics.
“The Sri Lanka Disaster Management Act No. 13 of 2005 on the other hand, is designed specifically to deal with disasters, which term is defined to include epidemics.
“However, the President has not, (despite almost 18 months having lapsed since the WHO declared COVID-19 to be a global pandemic) made a declaration under the Sri Lanka Disaster Management Act that a State of Disaster exists in the country.
“We also observe that the Sri Lanka Disaster Management Act has a mechanism for establishing a National Council for Disaster Management of which the President should be the chairperson – which too, the President has failed to establish. The President instead opted to establish a ‘Task Force’ outside the existing legal framework.
“We also observe that, 18 months into the pandemic, the Government has failed to enact legislation to specifically deal with the pandemic. Numerous other countries have enacted special legislation for this purpose.
“In these circumstances, we are deeply concerned that the declaration of a State of Emergency under and in terms of the Public Security Ordinance has not been made bona fide and that the said declaration was made with ulterior motives towards further wrongfully restricting the fundamental rights of the citizenry and moving further in the direction of authoritarianism.
“The gazette notification also makes reference to maintenance of supplies and services essential to the public. However, we observe that there is no disruption to essential services and supplies which warrant a declaration in terms of the Public Security Ordinance.
“We observe that the Government failed to take necessary measures, including procurement of vaccines, test kits, and medicines in a timely and transparent manner, and failed to facilitate the purchase of farmers’ produce – causing immense losses to farmers, and increase in the price of essential foods to the public.
“Additionally, the Government’s erratic economic policies have caused a loss of Government revenue, and reduction in foreign reserves, resulting in shortages of other essential supplies such as LP Gas and milk powder, to name a few.
“Similarly, the Government’s corrupt policies have seen a rise in the cost of other essential supplies such as sugar, while also causing mammoth losses (or loss of revenue) to the State. We also note that, in terms of the Consumer Affairs Authority Act No. 9 of 2003, there is statutory power for the prescribing of maximum prices, and to prevent hoarding.
“Thus, we reiterate that the disruption to essential supplies and services, if any, have been caused by the Government’s inefficiency and mismanagement, and are not disruptions which would warrant a declaration of a State of Emergency under and in terms of the Public Security Ordinance. We also reiterate that the purported declaration of a State of Emergency has been made in bad faith, with the ulterior motive of further wrongfully restricting the fundamental rights of the citizenry and moving further in the direction of authoritarianism.
“We call upon his Excellency the President to forthwith rescind the purported declaration of a State of Emergency, and to take steps to promulgate legislation to deal with the pandemic (which would ensure that the pandemic is effectively dealt with while upholding the rights of the citizenry), and in the interim to act in terms of the Sri Lanka Disaster Management Act, to constitute the National Council for Disaster Management, and to take necessary steps towards dealing with the pandemic, by obtaining the advice and guidance of experts in the relevant fields.”
