SJB opposes the declaration of a state of emergency

The Samagi Jana Balawegaya (SJB) announced that the declaration of a State of Emergency by bringing into effect Part 2 of the Public Security Ordinance was a step towards further wrongfully restricting the fundamental rights of the citizenry.

In a statement issued, the SJB said,  “18 months into the Pandemic, the Government has failed to enact laws to deal with the situation.

‘We are deeply concerned that the declaration of a State of Emergency under and in terms of the Public Security Ordinance has not been made bona fide, and that the said declaration was made with ulterior motives toward, further wrongfully restricting the fundamental rights of the citizenry and moving further in the direction of authoritarianism,’. the SJB said.

By Gazette Extraordinary No. 2243/01 of 30 August 2021, the President has declared a State of Emergency by bringing into effect Part 2 of the Public Security Ordinance, based on the COVID-I9 pandemic.

The SJB observed that the provisions of the Public Security Ordinance as the name of the Ordinance itself suggests are more suited to situations that pose a threat to public security, rather than situations caused by pandemics.

The Sri Lanka Disaster Management Act No. 13 of 2005 on the other hand is designed specifically to deal with disasters which terms is defined to include epidemics.

However, the President has not, (despite almost 18 months have elapsed since the WHO declared COVID-19 to be a global pandemic) made a declaration under the Sri Lanka Disaster Management Act that a State of Disaster exists in the country, the SJB statement added.

The SJB observed that the Sri Lanka Disaster Management Act has a mechanism for establishing a National Council for Disaster Management, of which the President should be the chairperson. The SJB alleged the President instead opted to establish a Task Force outside the existing legal framework.

The SJB further observed that in terms of the Consumer Affairs Authority Act No. 9 of 2003, there is statutory power for the prescribing of maximum prices and to prevent hoarding.