UN body reminds SL Government of need to repeal and replace PTA

Saturday, 1 April 2023 00:06 - - {{hitsCtrl.values.hits}}

Issuing its concluding observations following the review of Sri Lanka’s sixth periodic report under the International Covenant on Civil and Political Rights (ICCPR), the UN Human Rights Committee (CCPR) has reminded the Sri Lankan Government of the need to repeal the draconian Prevention of Terrorism Act (PTA).

This was among three priority issues identified by the committee for the Government to address including the Human Rights Commission of Sri Lanka (HRCSL), counter-terrorism measures, and liberty and security of persons.

With regard to the HRCSL, the CCPR called on the Government to ensure that the body fully complies with the Paris Principles, ensures transparency in the appointment process of its members, and provides sufficient resources to carry out its mandate effectively and independently in all parts of the country.

Commenting on counter-terrorism measures, the CCPR was concerned that the Prevention of Terrorism Act (PTA) continued to allow for prolonged pre-trial detention without charge of up to 12 months and contained a broad definition of terrorism, and was used to legitimise the targeting of minorities, particularly Muslims and Tamils, Government critics, and lesbian, gay, bisexual and transgender individuals, and to extract confessions through torture.

The CCPR called on the Government to repeal the PTA and replace it with legislation that contains a narrow definition of terrorism and is compliant with the ICCPR and to ensure that the legislative process for enacting a new anti-terrorism or national security law is inclusive and transparent and facilitates the participation of a wide range of stakeholders. It is also asking the Sri Lankan Government to ensure that those suspected or charged with terrorist acts or related crimes are provided with legal safeguards in line with Article 9 of the ICCPR and facilitate independent monitoring of all places of detention to inspect the situation of those detained under the PTA.

With regard to the liberty and security of persons, the CCPR expressed concern over the arbitrary arrests and detention of anti-government protesters, trade unionists, Tamils, and Muslims.

The extensive use of prolonged pre-trial detention, inconsistent bail provisions, and ineffective access to non-custodial alternatives were also of concern to the CCPR. The rights to freedom of peaceful assembly, freedom of expression, and participation in public affairs were among some of the other issues of concern identified by the CCPR. Overall, the CCPR has made over 60 recommendations to the government and requested it provides information on steps taken towards the implementation of the Committee’s recommendations on the three above-referenced priority issues by March 2026.