News
HRC finds five sections of new Act inconsistent with SC determination
Opposition’s criticism of Online Safety Law vindicated
By Shamindra Ferdinando
The ongoing controversy over the enactment of the Online Safety law (ONLINE SAFETY ACT, No. 9 OF 2024) in violation of the Supreme Court determination has taken a new turn with the Human Rights Commission (HRC) contradicting Speaker Mahinda Yapa Abeywardena’s declaration pertaining to the legality of the new law.
Dissident SLPPer Prof. G. L. Peiris told a media briefing, at his Kirula Road residence, on Monday (12), that the HRC, in a letter dated Feb 08, 2024, had informed Speaker Abeywardena that the new Act was not in line with the SC’s determination of the Online Safety Bill.
The HRC wrote to the Speaker just two days after the Speaker’s Office issued a statement dismissing repeated accusations over the manipulations in the enactment of new law. Prof. Peiris said that the HRC’s letter followed the Speaker’s endorsement of the Certificate on the Online Safety Bill on Feb 02, 2024, thereby making it the ONLINE SAFETY ACT, No. 9 OF 2024.
The former External Affairs Minister said the HRC’s letter, also copied to President Wickremesinghe, Public Security Minister Alles, and Attorney General Rajaratnam, PC, has pointed out that the SC’s recommendations hadn’t been accommodated in Section 13 (Clause 13 of the Bill), Section 16 (Clause 17 of the bill), Section 19 (Clause 21 of the Bill), Section 20 (Clause 22 of the Bill) and Section 27 (Clause 31 of the Bill).
The four-page letter has been signed by Justice L.T.B. Dehideniya, who received the appointment in late June last year.
Other members of the Commission are Prof. Thaiyamuthu Thaanaraj, Prof. Fathima Farzana Haniffa, Nimal G. Punchihewa and Dr. Gehan Dinuk Gunatilleke.
Prof. Peiris, who recently aligned himself with the main Opposition Samagi Jana Balawegaya, said that the Speaker owed an explanation. The HRC’s declaration has quite clearly proved that the new law was contrary to the Constitution and therefore couldn’t be accepted under any circumstances, Prof. Peiris said, alleging that though there had been previous infringements, the country never witnessed such blatant violation before.
Asked whether the SJB could seek the Chief Justice Jayantha Jayasuriya’s intervention and procedures to follow in case Parliament failed to adhere to the SC’s recommendations and any similar blatant violation before, Prof. Peiris said: “Never as blatant a violation as this. Unfortunately, the Constitution provides in Article 80(3) that, once the Speaker certifies a Bill, it cannot thereafter be challenged in a Court of Law. However, there is explicit provision that, where the SC Determination specifies that particular sections can be passed with a simple majority only subject to amendments required by the SC, Parliament shall incorporate these amendments, otherwise enactment by a special majority of 2/3 is mandatory.
The former Constitutional Affairs Minister said: “We will argue that in view of this provision the Bill has not been validly enacted with mandatory constitutional requirements. If the SC Determination, or parts of it, can be disregarded with impunity, this makes pivotal Articles like 120 and 123 redundant. This goes to the very root of a valid legislative process.
The former law Professor stressed that there is an obiter dictum by the late Justice Mark Fernando that, where the legislative process is flawed, in that constitutional provision have been contravened, certifications the Speaker will not save the Bill.
At the onset of the briefing, Prof. Peiris said that in terms of seriously flawed new law enforcement authorities have made first arrest on Sunday (11) and seemed to be bent on using the draconian law to suppress the free media.
The Opposition would resort to what the emeritus law academic called suitable legal challenge.
Declaring that the HRC is deeply concerned over the glaring omissions in the Online Safety Act in terms of the Act’s full compliance with the SC’s Determination, Justice Dehideniya, on behalf of the HRC warned: “any such omission, and consequently, any remaining inconsistency with the Constitution, would have required that the Online Safety Bill be enacted only with a special majority in Parliament. Therefore, the failure to ensure full compliance with the Court’s determination may give occasion to serious concerns over whether the Act, in its current form, received the requisite number of votes in Parliament.”
Prof. Peiris emphasised that the HRC has confirmed the Opposition complaints”
Following a two-day debate, 108 MPs voted for the Bill and 62 against on January 24.
Pointing out that the HRC has taken up the issue with the Speaker after careful examination of the Bill and SC’s recommendations, Prof. Peiris emphasized that the Speaker should accept responsibility for the unprecedented development. Prof. Peiris urged the SLPP, too, to look into this matter as the ruling party could absolve itself of the responsibility for the pathetic state of affairs.
Prof. Peiris said that the Speaker’s Office should respond to the HRC. “We intend to vigorously pursue this matter as Speaker Abeywardena cannot be allowed to pursue his own agenda at the expense of parliamentary traditions,” he said.
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
