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Ex-HRCSL head challenges ‘Bureau of Rehabilitation Bill’
alleges govt. targeting protesters
Alleging that those who participated in the recent protests could be targeted, former Human Rights Commissioner Ambika Satkunanathan moved the Supreme Court last Friday (30 Sept.) against the ‘Bureau of Rehabilitation Bill’.The Attorney-at-Law named Attorney General Sanjay Rajaratnam, PC, as the respondent. The fundamental rights petition has been filed in terms of Article 121(1) of the Constitution challenging the Bill, titled “Bureau of Rehabilitation Act”. The petitioner has stated that provisions of the Bill were inconsistent with the fundamental rights enshrined in the Constitution of Sri Lanka that guaranteed freedom from arbitrary arrest and detention, torture and ill-treatment, and unequal treatment and discrimination.
Satkunanathan served the Human Rights Commission during the Yahapalana administration at the time Dr. Deepika Udagama functioned as the independent commission’s chairperson.The petition states that the Bill purports to establish a Bureau for the rehabilitation of “drug dependent persons, ex-combatants, members of violent extremist groups and any other group of persons who require treatments and rehabilitation”.
Notwithstanding the fact that these categories are ill-defined and do not clarify how persons may qualify for rehabilitation under these categories, the Bill assumes that “members of violent extremist groups” and “drug dependent persons” require that same approach to rehabilitation. The use of such vague and arbitrary classifications can thus lead to persons being detained for rehabilitation for even participating in protests, as recent arrests of protesters, under the Prevention of Terrorism Act, have demonstrated.
The government has previously attempted to introduce a similar rehabilitation programme under the “Prevention of Terrorism (De-radicalization from holding violent extremist religious ideology) Regulations No. 01 of 2021”. The petitioner filed a fundamental rights petition against these regulations, as well, in SC FR Application No. 107/2021 as they contained provisions that contravened articles of the Constitution. The Supreme Court granted leave to proceed, issuing an interim order against the regulations being applied until the final determination of the application. The petitioner states the Bill in its current format is similarly ex facie unconstitutional and impinges on fundamental rights.
The petitioner has raised concerns against the militarisation of the rehabilitation process by way of section 17 of the Bill, which allows the President to designate any member of the armed forces to exercise, perform and discharge the powers, duties and functions under the Act. The petitioner states that there is no connection between the rehabilitation process and involvement of the armed forces, and the lack of a clear chain of command restricts oversight and accountability of the actions of the members of the armed forces. These concerns are exacerbated due to section 25 of the Bill, whereby officers of the Bureau are prevented from disclosing information about the ongoing activities at the Centres, which threatens the welfare of persons detained for the purposes of rehabilitation.
The petitioner has cited other provisions of concern in the Bill, including section 28 (2) where persons employed at the Centres for Rehabilitation “to preserve order and discipline” may use all means “including minimum force as may reasonably be necessary to compel obedience to any lawful directions’’, which enables the use of violence against persons detained at the centres. Section 27 makes the obstruction or attempted obstruction of any person employed at a Centre for Rehabilitation in the performance of their duties an offence punishable by a fine and/or imprisonment, without defining what may constitute an obstruction. For instance, relapse and withdrawal symptoms are expected aspects of drug treatment processes, but under the above-mentioned provisions, persons engaging in such behaviour could be subjected to punishment.
The petitioner has requested the Supreme Court to declare several sections of the Bill, as outlined in the petition, inconsistent with Articles 10, 11, 12(1), 12(2), 13(2), 13(4) and/or 14A of the Constitution of Sri Lanka as they violate the fundamental rights and Sovereignty of the People contrary to Article 3 and 4 of the Constitution, and therefore cannot be enacted into law except if approved by the People, at a Referendum, in addition to a two-thirds vote of the whole number of the members of Parliament in favour.
The U.S. Embassy in Colombo welcomed the U.S. Sports Envoys to Sri Lanka, former National Basketball Association (NBA) and Women’s National Basketball Association (WNBA) players Stephen Howard and Astou Ndiaye, from June 8 through 14.
The Public Diplomacy section of the U.S. Embassy said that it would launch a weeklong basketball program intended to harness the unifying power of sports, made possible through collaboration with Foundation of Goodness and IImpact Hoop Lab.
While in Sri Lanka, Howard and Ndiaye, both retired professional basketball players, will conduct a weeklong program, Hoops for Hope: Bridging Borders through Basketball. The Sports Envoys will lead basketball clinics and exhibition matches and engage in leadership sessions in Colombo and Southern Province for youth aged 14-18 from Northern, Uva, Eastern and Western Provinces, offering skills and leadership training both on and off the court. The U.S. Envoys will also share their expertise with the Sri Lanka Basketball Federation, national coaches, and players, furthering the development of basketball in the country. Beyond the clinics, they will collaborate with Sri Lankan schoolchildren to take part in a community service project in the Colombo area.
“We are so proud to welcome Stephen and Astou as our Sports Envoys to Sri Lanka, to build on the strong people-to-people connections between the United States and Sri Lanka,” said U.S. Ambassador Julie Chung. “The lessons that will be shared by our Sports Envoys – communication, teamwork, resilience, inclusion, and conflict resolution – are essential for leadership development, community building, equality, and peace. The U.S. Sports Envoy program is a testament to our belief that sports can be a powerful tool in promoting peace and unity.”
SJB Colombo District MP Mujibur Rahuman in parliament demanded to know from the government the reasons for CEB suspending the leave of all its employees until further notice from Thursday.
MP Rahuman said that the CEB has got an acting General Manager anew and the latter yesterday morning issued a circular suspending leave of all CEB employees with immediate effect until further notice.
“We demand that Minister Kanchana Wijesekera should explain this to the House. This circular was issued while this debate on the new Electricity Amendment Bill was pending. There are many who oppose this Bill. The Minister must tell parliament the reason for the urge to cancel the leave of CEB employees,” the MP said.However, Speaker Mahinda Yapa Abeywardena prevented Minister Wijesekera responding to the query and said that the matter raised by MP Rahuman was not relevant.
The Chartered Institute of Personnel Management (CIPM) successfully concluded the 8th Annual CIPM Symposium, which took place on 31st May 2024. Themed “Nurturing the Human Element—Redefining HRM in a Rapidly Changing World,” the symposium underscored the pivotal role of human resource management (HRM) in today’s dynamic global landscape. Since its inception in 1959, CIPM has been dedicated to advancing the HR profession through education, professional development, and advocacy, solidifying its position as Sri Lanka’s leading professional body for HRM.
Ken Vijayakumar, the President of the CIPM, graced the occasion as the chief guest. The symposium commenced with the welcome address by the Chairperson, Prof. Arosha Adikaram, followed by the Web Launch of the Symposium Proceedings and Abstract Book by the CIPM President. The event featured distinguished addresses, including a speech by Chief Guest Ken Vijayakumar, President of CIPM, and an address by Guest of Honor Shakthi Ranatunga, Chief Operating Officer of MAS Holdings Pvt. Ltd., Sri Lanka.
The symposium also featured an inspiring keynote address by Prof. Mario Fernando, Professor of Management and Director of the Centre for Cross Cultural Management (CCCM) at the University of Wollongong, Australia.
Vote of Thanks of the inauguration session was delivered by Dr. Dillanjani Weeratunga, Symposium Co-chair.
The symposium served as a comprehensive platform for researchers to present their findings across a wide range of critical topics in HRM. These included Cultural Diversity and Inclusion, Talent Development and Retention, Ethical Leadership and Corporate Social Responsibility, Adapting to Technological Advancements, Mental Health and Well-being at Work, Global Workforce Challenges, Employee Empowerment, and Reskilling and Upskilling.
The plenary session was led by Prof. Wasantha Rajapakse. Certificates were awarded to the best paper presenters during the valedictory session, followed by a vote of thanks delivered by Kamani Perera, Manager of Research and Development.
The annual symposium of CIPM was a truly inclusive event, attracting a diverse audience that spanned undergraduates, graduates, working professionals, research scholars and lecturers. This widespread interest highlights the symposium’s significance in the field of HRM, offering a unique opportunity for everyone to network and learn from scholarly brains.The CIPM International Research Symposium was sponsored by Hambantota International Port, Sri Lanka Institute of Information Technology (SLIIT), E B Creasy & Co. PLC, and Print Xcel Company.
US sports envoys to Lanka to champion youth development
Rahuman questions sudden cancellation of leave of CEB employees
