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UN Sp. Raps. express concern over ATA and Rehab Bill
View(s):- 8 special rapporteurs, 2 working groups write to Govt; definition of terrorism an issue
By Namini Wijedasa
Eight UN Special Rapporteurs and two Working Groups have written to the Sri Lankan Government expressing concern about aspects of the country’s proposed Anti-Terrorism Act (ATA) – including the definition of “terrorism” as envisaged in the law – and the Rehabilitation Bill that was passed in January this year.
“We recommend amending the definition of terrorism and other vague provisions, and to ensure the definitions and language employed are in compliance with Sri Lanka’s international human rights obligations,” states the official communication by the Special Rapporteurs and Working Groups.
It reminds the Sri Lankan Government that, while there is no multilateral treaty on terrorism that defines terrorism, “States should ensure that counter-terrorism legislation is limited to criminalising conduct which is properly and precisely defined on the basis of the provisions of international counter-terrorism instruments, and is strictly guided by the principles of legality, necessity and proportionality”.
The proposed features of the ATA appear to contradict the Sri Lankan Government’s international obligations, the communication states. In particular, it lacks precision in key definitional aspects of terrorism and expands the scope of terrorist acts, thus creating opportunities for misuse due to broadly worded and vague definitions of terrorist acts.
The ATA also retains “the most problematic and expansive features” of the Prevention of Terrorism Act (PTA) which could be used against human rights defenders, civil society and those legitimately exercising their human rights and fundamental freedoms,” the communication states.
It calls for meaningful reform of counter-terrorism legislation by the Sri Lankan Government: “The continued risk to the rights and liberties of persons who may be detained arbitrarily, especially religious and ethnic minorities, human rights defenders exercising their right to peaceful assembly and association, may curtail political dissent with no effective due process guarantees under the proposed ATA and still need to be addressed.”
It points to a lack of sufficient judicial oversight and effective due process standards. It urges the Government to commence a significant reform and substantive dismantling of the existing and past features of counter-terrorism legislation, including the PTA and further regulations, which have led to alleged human rights violations.
Among the issues raised regarding the Rehabilitation Bill is that it empowers officials operating centres or in contact with detained persons to use undefined “minimum force” to “compel obedience” from detainees.
“The requirement of compulsory rehabilitation of persons is fundamentally incompatible with your Excellency’s Government obligations under international human rights law,” it adds.
The new Bureau of Rehabilitation establishes a new administrative structure operated by the Ministry of Defence to oversee and operate the “rehabilitation” centers under the direction of a Council.
The Chief Executive Officer of the Bureau can only be appointed on the approval of the Defence Ministry’s representative, “deepening the role of the defence establishment in the decision-making and operation of ‘rehabilitation’ institutions in Sri Lanka”.
“We state unequivocally that the administration of such centres by military personnel, who are not competently trained social or medical staff, is in violation of the
fundamental rights of those arbitrarily detained in such circumstances,” it asserts.
The 2017 Working Group on Arbitrary Detention expressed concern at the involvement of the Sri Lankan military in drug treatment and medical care “including their lack of training on the medical management of drug dependence from a medical standpoint, as well as pointing out irregularities in the judicial process”.
“The proposal that persons suffering from drug withdrawal symptoms appear to be placed in such a situation of extremity, and decries the militarisation that stems from a counter-terrorism or ‘extremism’ standpoint of any rehabilitation process would be contrary to international standards,” the communication maintains.
The communication was signed by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Special Rapporteur on the rights to freedom of peaceful assembly and of association; Special Rapporteur on the situation of human rights defenders; Special Rapporteur on the independence of judges and lawyers; Special Rapporteur on minority issues; Special Rapporteur on freedom of religion or belief; the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; the Working Group on Arbitrary Detention; and the Working Group on Enforced or Involuntary Disappearances.
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