PTA replacement heads towards Parliament but the real test will be found in the small print
Cabinet has approved the publication and presentation to Parliament of the proposed Protection of the State from Terrorism Bill, setting the stage for another national argument over where security ends and individual liberty begins.
The legislation is intended to replace the Prevention of Terrorism (Temporary Provisions) Act of 1979 – a law that has remained “temporary” for nearly half a century and has attracted sustained criticism over prolonged detention, alleged abuse and inadequate judicial safeguards.
The new Bill was prepared following recommendations from a technical committee, drafted by the Legal Draftsman and cleared by the Attorney General. Justice Minister Harshana Nanayakkara submitted the proposal under which it will now be gazetted before reaching Parliament.
That procedural history, however, tells the public little about the powers the new law will confer upon the State. Previous versions of the proposed framework attracted criticism over broadly framed terrorism offences, detention powers, restrictions on movement and the authority granted to the Executive.
The decisive question is therefore not whether the PTA is being repealed, but whether its most troubling powers are being removed-or simply repackaged beneath a different title.
Once gazetted, the Bill will become open to constitutional challenge following its placement on Parliament’s Order Paper. Lawyers, civil-liberties organisations and communities that have experienced the PTA’s application will be watching every clause.
Sri Lanka unquestionably requires an effective law against terrorism. It also requires protection against the terrorism label being used to silence dissent, journalism, political opposition or peaceful protest.
Replacing the name of a law is easy. Replacing its culture of abuse is rather harder.
