Grappling with gaps

Tuesday, 6 September 2011 00:00 - - {{hitsCtrl.values.hits}}

Sri Lanka seems to be at yet another crossroad. The lifting of the state of emergency was welcomed the world over as a progressive step in the country’s future towards reconciliation. However with legal oversights and political intervention that opening for reconciliation seems to be fast diminishing.

The Tamil National Alliance (TNA) on Monday announced that they would take the issue to the courts in an attempt to keep the Prevention of Terrorism Act (PTA) from being further strengthened. They further charge that since the government has failed to Gazette legislation after the lapse of emergency on 30 August to maintain legal control over around 5000 people under the custody of the government is illegal. Banning of the LTTE, the Tamil Rehabilitation Organisation (TRO) as well as the legality behind high security zones have been thrown a legal curve ball as a result.

In the first instance the strengthening the PTA was bound to kick up a lot of dust as the legislation has long being criticised as being draconian and detrimental to justice. The fact that the government seeks to now make it even stronger is likely to bring out more protests. This is especially sensitive ahead of the UN General Council meeting to be held later this month where Sri Lanka expects to receive more concern from the international community regarding its human rights record.

In such an instance simply telling the world that the emergency has been lifted in insufficient. The government has to ensure a smooth transition from its previous situation to an emergency-less existence. Moreover it cannot make arbitrary changes in the legal system and has to engage in a transparent and inclusive discussion about the new introductions into the PTA or any other law for that matter.

It can hardly be expected for the TNA or any other political party that represents people most likely to be affected by the PTA to turn a blind eye to this situation. The BBC reported that civilians can be held under the PTA and regarded as terrorists if they attack an army camp or hinder the forces. This is a harsh stand indeed. The assumption that the armed forces of this country will be always right and above censure is a bit of a stretch and the fact that people do not have the right to point out their mistakes or have their viewpoints voiced is worrying indeed.

The President in a hard hitting speech on Sunday talked of the double standards employed by certain Western governments and organisations. The fact that this was addressed to a group of Rotarians might not have been the most opportune thing to do. Nonetheless it is clear that the government is getting ready to handle the UN challenge yet again. Yet it must not forget that at the end of the day the biggest judges will be its own people and they will not be satisfied with cosmetic changes.

A comprehensive programme for dealing with emergency law and PTA need to be drafted out and presented to the people. They need to know what changes are being made and how it will affect them. Leaving gaps in the process puts the entire future of Sri Lanka at stake.