2nd April 2022

STATEMENT BY THE EXECUTIVE COMMITTEE OF THE BAR ASSOCIATION OF SRI LANKA

ON THE DECLARATION OF EMERGENCY

The Bar Association of Sri Lanka (BASL) is gravely concerned by the declaration of a state of emergency
by His Excellency the President on the night of April 1st, 2022. Consequent to the declaration of a state
of emergency the President is empowered to make Emergency Regulations which can override, amend
or suspend the provision of any law, except the provisions of the Constitution.

The BASL is of the view that a declaration of a state of emergency is not the answer to the present
situation in the country, including the spate of public protests which have occurred. These protests
reflect the desperate situation of the people who are seeking to secure for themselves, and their
families some of the most basic essentials in life. Over the past several months the country has been
heading towards a grave economic crisis and early warnings given by professionals and experts in the
field both local and international have gone unheeded. The BASL too issued a statement on the
present plight of the economy on the 14th of January 2022 setting out the consequences of the
impending crisis.

Unfortunately, those in authority have until very recently failed to understand the gravity of the
situation and the grave impact the crisis has on the life of the people and the community. The
unprecedented power cuts extending for over half the day, the fuel shortages, gas shortages, drugs
shortages, the foreign exchange crisis and the escalating prices of essential items have all resulted in
the people of this country being driven to desperation. There has been a failure to understand the
aspirations of the people, and to empathize with the suffering of the people of the country. The
Government of Sri Lanka must make people aware of its policies and plans for the recovery of the
economy in order to alleviate their suffering.

The BASL is firmly of the view that the right to protest and the right to dissent are important aspects
of the fundamental rights of the people including the freedom of expression and the freedom of
peaceful assembly. These rights are of course subject to the restrictions set out in Article 15 of the
Constitution including in the interests of public order. However, any restrictions that are imposed by
law must be proportionate and reasonable.

If a peaceful protest becomes violent, that will only dilute the objective and purpose of a peaceful
expression of dissent and strengthen the hands of those who seek to supress legitimate dissent. As
such violent acts which occur during a protest and destruction of property whether public or private
cannot be condoned and must be condemned. Similarly, those engaged in protests must take utmost
care to ensure that such protests remain peaceful and must be wary of persons who might seek to
cause violence and destruction during such protests.

However, whilst the authorities including the police have a right to deal with an unlawful assembly
and to bring perpetrators of violence to book, a distinction must be made between those engaged in
peaceful protests exercising their constitutional rights and those who engage in violence. The state of

Pg. 1 of 2

1
emergency must not be used to stifle peaceful protests and dissent or to make arbitrary arrests and
detentions.

In the recent case of U. N. S. P. Kurukulasuriya, Convenor, Free Media Movement, and J. K. W.

Jayasekara, V Sri Lanka Rupavahini Corporation SCFR 556/2008 and 557/2008 decided on 17.02.2021,
the Supreme Court quoted with approval the following passages found in several decisions of Sri
Lankan courts:

“The right to support or to criticise governments and political parties, policies and programmes is
fundamental to the democratic way of life; …and democracy requires not merely that dissent be
tolerated, but that it be encouraged”

“Criticism of the Government, and of political parties and policies, is per se, a permissible exercise of
the freedom of speech and expression under Article14 (1) (a).”

In the aforesaid the BASL calls upon His Excellency the President to forthwith revoke the proclamation
declaring a state of emergency, and to ensure that the fundamental rights of the people such as the
freedom of expression including the freedom of speech and publication and the freedom of peaceful
assembly which are aspects of the sovereignty of the people are respected and protected and not
violated by the State or its agents.

The BASL for its part is committed to protecting the rights of the people of Sri Lanka and will take all
necessary steps for that end including the providing of assistance to those whose rights may be
infringed during this time.

Saliya Pieris PC Isuru Balapatabendi

President Secretary
Bar Association of Sri Lanka Bar Association of Sri Lanka

Pg. 2 of 2