Recent developments on the Prevention of Terrorism Act and Emergency Regulations

A case for re-implementation:

Sarath Wijesinghe

TERRORISM: The decision to re-implement the Prevention of Terrorism Act (PTA) and promulgation of emergency regulations is a bold and challenging decision by President Mahinda Rajapaksa and the Government at this decisive juncture. The immediate steps taken were made due to sheer necessity, to clamp down the continuous terrorist activities by the LTTE.

The Preamble of the Prevention of Terrorism Act No. 48 of 1979 states as follows:-

"Whereas the other democratic countries enacted special legislation to deal with acts of terrorism, this Act is promulgated for the prevention of unlawful activities of any individual, group of individuals, associations, organisations or body of persons within Sri Lanka or outside Sri Lanka and for matters connected therewith or incidental thereto"

The word "terrorism" though not defined in the Act is defined in the Oxford Dictionary as follows:-

"The unofficial or unauthorized use of violence and intimidation in the attempt to achieve political aims." But recently the President has taken steps to define "terrorism" under the regulations promulgated as follows. This is very important as the word terrorism was not defined previously.

Now by this definition the legislation has become compatible with international standards. On the other hand this instrument is now compatible with UN instruments.

Terrorism means any unlawful conduct which

(a) involves the use of violence, force, coercion, intimidation, threats, duress or

(b) threatens or endanger national security or

(c) intimidates a civilian population or a group thereof or

(d) disrupts or threatens public order, the maintenance of supplies and services essential to the life of the community or

(e) causing disruption or damage to property or

(f) endangering a person's life, other than that of persons committing the act or

(g) creating a serious risk to the health or safety of the public or a section of the public or

(h) is designed to interfere with or distrust an electronic system and which unlawful conduct is aimed at or is committed with the object of threatening or endangering the sovereignty or territorial integrity if the Democratic Socialist Republic of Sri Lanka or that any other recognised sovereign state, or compelling the government of the democratic socialist Republic of Sri Lanka to do or abstrain from doing an act, and includes any other unlawful activity which advocates such unlawful conduct. Specified terrorist activities too have been clearly defined in the regulations.

It is abundantly clear of the aims and objects of LTTE which is declared as a terrorist organization officially and unofficially in many parts of the world including United Kingdom, United States of America, and India. But surprisingly not in Sri Lanka - the birth place and the hub (two other main hubs being United Kingdom and France) of terrorism of the LTTE which is claimed to be the most ruthless terrorist organization in the world, by the "International Community".

In Sri Lanka, Tamils, Sinhalese, Muslims and other ethnic groups lived in harmony and peacefully in coexistence for thousands of years. Majority Tamils and Sinhalese are bonded and linked by two great religions namely Buddhism and Hinduism which have few differences in theory and practice.

Majority of Tamils live with Sinhalese in parts other than the North and the East, as has been the case of Muslims in India where there exist the largest Muslim population in the world. Despite problems India can claim to be the largest democratic country in the world. Hundreds of languages and ethnic groups coexist in India.

The Tamils and Muslims in Colombo and suburbs have full control over business activities in Sri Lanka and performing their legitimate duties to the rest of the society. This is a very encouraging and pleasant scenario which the International Community should take note of. Especially the High Commissions and Embassies in Sri Lanka who at times are over enthusiastic on our internal matters.

This reminds us of Lord Buddha's preaching in a stanza in Dhammapada "Ova denu parahata thama sammathehi pehita sita". Before you advise others see that you are on the right. In other parts of the world the coexistence of ethic groups are not as satisfactory as in Sri Lanka.

Co-existence of Muslims in Sri Lanka with Sinhalese and Tamils is unique and exemplary. Those Muslims who came as traders thousand of years ago settled in various parts of the country intermingling with the local community. Kings in Sri Lanka gave permission for freedom to practice any religion long before the introduction of the recent international human right instruments. Most of the Mosques in Kandy are built on Temple Lands.

This is not the case in western democracies and Muslim states. Muslims came to Sri Lanka as bachelor Traders married Sinhalese or Tamil women and adapted themselves very successfully as a very important segment in the society.

They settled in the deepest corners of the country and live as equals today. So are the Tamil Community where the integration is an example to ethnic integration in UK, USA, France and many western democracies where anti- terrorist legislation is much more stringent compared to Sri Lanka.

Conflicts between different ethnic and other groups are common anywhere in the world. Palestenia and Israel conflict is yet another ongoing conflict in the world, where recently the Prime Minister Ehud Olmert has agreed with Mohamad Abbas on another shaky ceasefire agreement. Our CFA today is shaky and a non starter having unilaterally abrogated by Prabhakaran in his annual speech which some media have given full publicity to.

In Palestine - Israel issue too Oslo intervened, and despite Nobel Prize awards the escalation of terrorist activates continue. United Kingdom is no longer a safe place to live and move freely. So are USA, France and many western democracies and most other countries in the world.

Unfortunately the law of the jungle and theory survival of the fittest still prevails in the world community especially in the field of international media where small and poor countries are at the receiving end. Lot of power, strategy and strength is required to be in good books with the international media for a fair and reasonable coverage for local and internal affairs.

Our High Commissioners are tied down to traditional ways and less innovative methods and attitudes which have given rise to the rapid spread of adverse propaganda.

There were plans to spend Rs 5 million for a fashion show after the recent "Thamasha" in the United Kingdom at the cost of billions of rupees to improve the image of Sri Lanka which is a flop and colossal waste of our money, when much has to be done to curb adverse propaganda by various arms of LTTE and anti Sri Lankan forces.

In Sri Lanka there were many instances where provincial Sinhalese Kings fought with each other for power. It is only recently that an ethnic coloration is given to any conflict in Sri Lanka.

Let us be frank not to blame the International Community alone who are misguided as they are not properly briefed by our own High Commissions and Embassies all over the world, who are provided with all perks, facilities and enormous funds to safeguard the image of our country in the world community.

We are pleased the President has recently taken tough measures and given the warning signal to our inefficient emissaries spread all over the world - especially the Embassies. Our Embassies and High Commissions especially in western democracies should take serious note of this situation.

After the independence, the majority and minority were doubtful of their share in the economy. Unfortunately the differences were broadened and a group of misguided youth took to arms in order to achieve ends by unlawful and illegal means. Sinhala youths too took to arms and it was brutally suppressed by the then regime. It is to their credit that they are now in the democratic process. Now it is the turn on the few misguided Tamils to enter the main stream of democracy.

Terrorism has not succeeded anywhere in the world and the trend today is against terrorism. President Rajapaksa's message and thinking is clear and loud, "I am negotiable and please talk to me". Peoples of all ethnic and other groups have immense faith in him and this is the opportunity. It is the duty of all parties to "Grab" the opportunity available to see an end to the misery to the ordinary citizen.

It is not the time to write the catalogue of terrorist acts and incidents which are so brutal and inhumane. The ultimate end and the aim of this Group are to carve out a separate country which they named as "Eelam" in the North and the East of Sri Lanka. This is a dream and not the solution to the demands and grievances of a segment of the community.

It is the duty of the Government and the majority to protect and look after the minority. Minority rights in Sri Lanka are guaranteed constitutionally and better than any other world democracy.

There is hardly any international convention, legislature or laws on minorities which is not a part of our jurisprudence. There are facts not known to the "International Community" fed with data and information by certain vested interests for a different agenda.

North and East were a separate entity until the two provinces were merged under emergency regulations, further to Indo Sri-Lanka Accord which was imposed on Sri Lanka by late Rajiv Gandhi, when late J.R. Jayawardene was in power. It is noteworthy to note that late J.R. Jayewardene mismanaged the foreign policy for which the future generation is still suffering as a result.

By merging the two units Tamils become the majority by putting Muslims and Sinhalese in the merged area in the hands of LTTE. LTTE claims to represent the Tamils in Sri Lanka.

If this is the situation and if the "International Community and the Government only deal with LTTE for the benefit of the "Tamil community", innocent Tamil community will be in the hands of LTTE forever. It is now time for every body to rethink the situation based on present circumstances.

Will the LTTE renounce violence and embrace the democratic path? LTTE leader's annual speech is clear that it is not what is shown by them in deeds and words.

The attempts of the lives of the Army Commander, the Defence Secretary, attacking soft targets such as school children and civilians are a few such most recent incidents, to prove that the language understood by the LTTE is not peaceful coexistence and as the President has correctly stated it has to be answered in the language they understand.

Let us now discuss the implementation of similar acts and legislation in other parts of the world as more often emphasis is given to the International community.

International community is a very vague term. The family of nations consist of 198 nations with no instrument exercising legislative or executive power. United Nations Organization is formed as a result and aftermath of the world war and also as further development of the League of Nations which has no sufficient teeth and executive power to punish undemocratic nations or terrorist groups. It has limited powers to be exercised through the Security Council the partial executive body of the organization.

(To be continued)

(The writer is Attorney-at-Law and Solicitor in England and Wales.)