New anti-terror laws non-compliant with global standards could jeopardise GSP+ facility: EU official

• European External Action Service Deputy Managing Director for Asia and the Pacific Paola Pampaloni says definition of terrorism in draft law must be changed
• Says if SL serious about re-applying for GSP+ next year, the draft law must undergo changes
• Current GSP+ cycle ends this year and re-application due in 2024 January
• Recommends timetable for easing of import retractions
• Welcomes moves to de-criminalise same-sex relations

 Enacting the Government’s proposed Anti-Terrorism Act (ATA) in its current form could hinder the country from re-gaining the Europe Union (EU)’s GSP+ preferential trade facility after the current cycle ends in December 2023, a senior EU official said. European External Action Service Deputy Managing Director for Asia and the Pacific Paola Pampaloni who was in Sri Lanka to attend the Joint Commission between SL and the EU earlier this week said while the proposed law had some positive features, the definition of terrorism needs to be amended in keeping with international standards. Pampaloni spoke exclusively to the Daily FT during her brief visit to Sri Lanka. Here are excerpts of the interview.

By Chandani Kirinde

European External Action Service Deputy Managing Director for Asia and the Pacific Paola Pampaloni   We recommend that if the country is really interested to re-apply for the GSP+ facility, to make changes in the draft legislation and also open consultation with civil society and stakeholders here in SL and the international community. The reform of this draft legislation is very much linked to the re-application for the GSP+ facility. What we want to avoid is the abuse in the name of any terrorism-related security issues

Q: You are here for the 25th Session of the Joint Commission between Sri Lanka and the European Union. What is on the agenda this year?

Many things have happened since the holding of the Joint Commission meeting last year. We are going to discuss several issues of mutual interest. The outcome of the three Working Groups established under the Joint Commission, namely, the Working Group on Governance, Rule of Law, and Human Rights; the Working Group on Trade and Economic Cooperation; and the Working Group on Development Cooperation will also be discussed in detail during the meeting.

Q: With a new GSP+ cycle starting in 2024, it must figure in the talks?

 This was already discussed by the Working Group on Human Rights and Rule of Law as many of the conditions which are necessary for the GSP+ relate to the Human Rights Convention and the Labour Convention. This is specifically on the agenda of the Joint Commission meeting as the current GSP+ regulations are upcoming to an end in December, 2023 and new regulations will come into force on 1 January, 2024 and if Sri Lanka wants to re-apply it has to do so under basis of the new regulations and we will process the application on the basis of compliance of Sri Lanka to these two conventions and maybe one or two other conventions.

Q: The EU has expressed serious concern regarding the proposed Anti-Terrorism Act (ATA) the Government has drafted to replace the Prevention of Terrorism Act (PTA). If the new law is enacted in its current form, will it hinder SL’s chance of regaining the GSP+ preferential trade facility granted by the EU?

The process from application to granting of the GSP+ is a long one. I have been working with Sri Lanka for the last nine years and I have been a part of the team that was assessing the eligibility for Sri Lanka for the GSP+ regime. We decided in 2017 to re-grant this facility on the promise that the PTA would be amended or replaced with a new anti-terrorism legislation. We got a copy of the new anti-terrorism legislation, and I made a number of suggestions so that the new law will be in line with international standards. One of the major issues that we recommend changing in the new act is the definition of terrorism. There were few other elements which I had a chance to discuss with the Justice Minister and the Minister of Foreign Affairs

Q: So, going ahead with the draft Bill as it is could not be recommended?

We recommend that if the country is really interested to re-apply for the GSP+ facility, to make changes in the draft legislation and also open consultation with civil society and stakeholders here in SL and the international community. The reform of this draft legislation is very much linked to the re-application for the GSP+ facility. What we want to avoid is the abuse in the name of any terrorism-related security issues.

Q: Does this mean going ahead with the ATA in its current form would jeopardise SL’s chances of regaining the ATA?

 We are going with the undertaking given by the Government. It will not present the Bill in its current form to parliament and is ready to open a dialogue with us to review the legislation. There are also some positive elements in the draft law like sections dealing with the interrogation of detainees, admission of evidence for trials, release of a number of detainees arrested under the PTA but we still have to work together particularly on the definition of what is an act of terrorism so that it is in line with the international standard. We are providing our assistance on how this is done in other countries in similar situations.

Q: Has the Government fulfilled most of what it promised in 2017 or is there a lot more to be done?

 I remember there were more than 40 issues that we had listed in 2017 that were of concern to us, and progress has been made in a number of issues. One of the main concerns was the PTA. The urgency to repeal or amend the PTA was put on hold after the Easter Sunday terror attacks but we are expecting the Government to make the necessary reforms that were promised in 2017.

Q: What are the other outstanding issues?

 Other issues of importance include reconciliation. We strongly recommended the setting up of the Reconciliation Office, the Office of Missing Persons (OMP) and Reparations Office in which areas progress has been made. We understand there is also a move to set up a new Truth and Reconciliation Commission. This was announced in Geneva. We are trying to understand more of how this will work with the existing offices. On our part we will continue to press for the implementation of the existing laws to promote reconciliation. We are also working with the Government on the reform of the judiciary. A functioning judiciary is important for any democracy.

Q: The Government has been accused of not engaging with civil society and clamping down on protests, trade unions, etc. How do you view this?

 For the EU, civil society is a cornerstone of democracy. Not only in SL, but all over the world we are supporting the role of civil society financially. On the political side we always convey the message to governments about the importance of a dialogue with civil society. Civil society groups move closely with the population and know what the people of the country need. Listening to civil society is listening to your own citizens. One of our major concerns was the publication of the ATA without proper consultation with civil society. We hope they will be consulted on this key piece of legislation. In the reconciliation process too, the Government needs to listen carefully to civil society representatives of all sections of the population.

Q: The EU has been critical of the import restrictions by the Government in place since last year. Have you discussed this issue?

 This was one of the issues that the Working Group on Trade and Economic Cooperation discussed. While this decision is linked to the economic situation in the country, it is hampering economic activity and has caused a shortage of goods in SL which are needed for production. We understand the current fiscal and economic situation, but the Working Group on Trade recommends the Government to set a timetable for the easing of the import retractions. We have noted some restrictions have been eased to help the manufacturing sector in the country. We hope more will be done.

Q: There is a move to de-criminalise same-sex relations in the country? How important is this to the EU?

 We fully support the law to de-criminalise same sex relations. This is another element we in the EU promote very much in SL and all over the world in support of the LGBTQ community. We hope members of parliament will pass this law. This is a very important step for SL in the direction of democracy and diversity in the country. We hope this law will be adopted.