The Tamil National Alliance (TNA) has opposed the proposed amendment of the Penal Code on hate speech and urged the government to withdraw the Bill.
This is the first time the TNA is issuing a statement criticising the central government on a policy matter since the coalition government of the United National Party (UNP) and the Sri Lanka Freedom Party (SLFP) assumed office in August.
Foreign Minister Mangala Samaraweera had said on the inaugural day of the 30 session of the United Nations Human Rights Council (UNHRC) in September that his government would take steps to criminalise hate speech.
The TNA argued that a provision mentioned in the Bill was “nearly identical” to one of the sections of the Prevention of Terrorism (Temporary Provisions) Act of 1979 and it contravened “directly” with the commitment given by the government to the UNHRC that it would review and repeal the Prevention of Terrorism Act, and replace it with anti-terrorism legislation in accordance with contemporary international best practices. Besides, the proposed law was “inconsistent” with Article 14(1)(a) of the Constitution which guarantees to every citizen the fundamental right to freedom of speech and expression including publication.
Citing a few cases, the Alliance accused the previous Rajapaksa government of using the PTA to target persons from Tamil and Muslim communities and deprive them of their freedom of speech and expression.
The TNA quoted Section 3(1) of the International Covenant on Civil and Political Rights (ICCPR) Act of 2007 which stipulates that “no person shall propagate war or advocate national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence.”
