New
laws to check tsunami crimes
Emergency Regulations coming into
force
By Anthony David
The Government is to introduce a special law short-titled
the "Tsunami Law" and invoke emergency regulations to
arm itself with powers to imprison, confiscate property and impose
heavy fines and jail terms on those responsible for kidnapping,
theft of property and looting in the wake of the national disaster
caused by the December 26 tidal waves that hit Sri Lanka's coastal
areas killing an estimated 40,000 people.
These
are highlights of tough new laws and emergency regulations to be
gazetted next week. They focus is entirely on issues related to
the aftermath of the tsunami catastrophe. Provision has been made
in the regulations to deal with kidnappings, misappropriation, theft
of property and looting, officials told The Sunday Times yesterday.
Though
President Chandrika Kumaratunga signed a proclamation on January
4, bringing into effect a state of emergency, delays in the formulation
of regulations halted its full enforcement. It was only on Friday
that President Kumaratunga signed the regulations, which also invoke
the Miscellaneous Provisions (Part II) of the Public Security Act.
This will give the military powers to do normal police functions.
These
new emergency regulations could either be made effective from the
date on which the state of emergency came into effect (January 4),
or on a date to be fixed thereafter, a senior government law officer
said last night.
The
provision conferring tough punishment on kidnappers has been brought
in following reports of orphaned children being abducted or sold
by interested parties. Deterrent punishment, including imprisonment,
has been incorporated for misappropriation, theft of property and
looting.
No
official communication has still been made about the state of emergency
being declared by President Kumaratunga. On Friday, the Civil Rights
Movement (CRM) called upon the Government to inform the people about
the provisions of the emergency regulations that had been promulgated.
The
CRM has expressed concern over the provisions that would give the
Security Forces powers to use firearms and bullets saying that they
must be accounted for and reported to superior officers. It adds
that any killings under these laws must be made public and subject
to normal inquest proceedings.
Besides
the emergency regulations, the Government is also drafting legislation
to be introduced in Parliament to deal with the extra-ordinary situations
arising from the tsunami disaster, Justice Minister John Seneviratne
told The Sunday Times yesterday.
He
said that several provisions relating to rectify issues arising
from the issue of death certificates for those who have disappeared
and the adoption of children, and situations where persons have
illegally possessed state lands after December 26 would be brought
into the ambit of a special law called the Tsunami Law.
He
said they would strictly check proof of ownership of land, in the
event attempts are made to claim land where the owners are not among
the living. He pointed out that at present the laws pertaining to
adoption of children only refer to those under the age of 14. The
new laws will stipulate specific criteria for adoption.
A
Cabinet Sub Committee headed by Mr. Seneviratne and comprising Social
Service Minister Sumedha Jayasena and Consumer Affairs Minister
Jeyaraj Fernandopulle have been appointed to study the draft Tsunami
Law. Parliament needs to meet within 30 days to ratify the emergency
regulations, but the next Parliamentary sittings are scheduled for
February 8. |