SL risks expulsion from OGP over Online Safety Bill, etc.

By Shamindra Ferdinando

Sri Lanka runs the risk of being expelled from the ‘Open Government Partnership’ (OGP) over its decision to enact the controversial ‘Online Safety Bill’ (OSB) and also go ahead with another contentious piece of proposed draconian legislation, titled Anti-Terrorism Bill. Sources said it would be inevitable unless a consensus could be reached with co-convenors -Transparency International Sri Lanka and Sarvodaya Shramadama Movement (SSM) – to end their boycott formulating the third National Action Plan (NAP) meant to improve good governance and financial accountability.

The OGP includes nearly 80 countries, including the US, the UK and many of their allies.

The NAP was to be submitted to the Cabinet by President Ranil Wickremesinghe this month. The Presidential Secretariat spearheaded the effort, under the leadership of Assistant Secretary to the President, Chandima Wickramasinghe.

President Wickremesinghe recently directed the formulation of the NAP, thereby paving the way for two workshops and general agreement on the contents of the NAP.

Attorney-at-Law Nadishani Perera, Executive Director, TISL, and Dr. Vinya Ariyaratne, President, SSM, in a joint letter dated Feb 8, 2024, warned President Wickremesinghe of their decision to quit the project as the recent developments, such as enactment of OSB, and the proposed anti-terrorism law, were contrary to what they called fundamental principles of the IGP. They alleged the new laws undermined the core tenets of open governance, transparency and accountability thereby eroded their confidence in the overall process.

Parliament passed the OSB on January 24 following a two-day debate, with 108 government members voting for and 62 voting against. Speaker Mahinda Yapa Abeywardena ratified the new law on Feb 2, regardless of Opposition protests.

On behalf of the civil society community, TISL and SSM, in their letter pointed out to the President his government enacted the new OSB, disregarding specific recommendations mandated by the Supreme Court in respect of five sections in the Bill.

Reiterating their demand to invalidate the enacted online law and anti-terrorism bill, they declared their intention to return to the process if the government took tangible measures to address their concerns. The spokespersons sought a clear commitment from President Wickremesinghe to what they called open, accountable, participatory governance in good faith and creation of an environment conducive to the exercise of civil liberties.

Political sources asserted that the NGO community could extend their protest campaign to other sectors as well. Sources said that the Human Rights Commission, in a letter to Speaker Abeywardena, has entirely validated the stand taken by the Opposition and the civil society as regards the OSB.

The Island learns that the government has written to OGP Secretariat seeking clarification as regards the TISL and SSM action, in a bid to explore ways and means of overcoming the hurdle placed by the NGO community. Sources said that Sri Lanka couldn’t thwart OGP declaring the country ‘inactive’ next month in the absence of a NAP but there was a kind of grace period of about one year to submit a plan. Failure could result in the country losing OGP membership, sources said.

In spite of entering the OGP process in 2015, Sri Lanka couldn’t achieve what it intended to as a result of the failure on the part of successive governments. The latest stalled effort is the third initiative and widely reported as President Wickremesinghe’s initiative, sources said.