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Thursday September 21st, 2023

Police could misuse “fake news” allegations to stifle free speech: Sri Lanka Bar Association

ECONOMYNEXT – The Bar Association of Sri Lanka (BASL) has expressed deep concern that a recently announced decision to arrest people who share “fake news” on social media could be misused by police to stifle free speech.

“Whilst the BASL has no objection to enforcing laws relating to hate speech and incitement to voilence, it is important to ensure that authorities do not use such laws to stifle genuine expression of dissent and criticism,” the BASL said in a statement on June 11.

The BASL is apprehensive of the executive including the police being allowed to decide on what is or is not fake news and on the basis of their subjective decisions to cause arrests and detention of persons, it said.

Related: Poorly worded legal provisions can be construed to cover “fake news”: Sri Lanka lawyer

“The BASL is deeply concerned that the provisions of the laws mentioned in the circular could be misused by police officers in order to stifle the freedom of speech and expression which is a fundamental right enshrined in the constitution. At a time when the country remains under travel restrictions as a result of the COVID-19 pandemic, it is essential that freedom of speech and expression of the people and their right to dissent and disagree are protected,” it said.

In its statement, the BASL cited judgements of the Supreme Court in this regard, where Justice Buwaneka Aluwihare held on February 17, 2021 that: “The judgements of the Supreme Court constitute a body of jurisprudence that has evolved over the years, and the Supreme Court has recognised that the right to comment on public issues and criticise public officials and public institutions is essential for the exercise of civil and political freedoms so valued by democratic society.”

The court quoted with approval the following passages found in several decisions of Sri Lankan courts, the BASL said:

  • “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).”

Given that the very prospect of being arrested for expressing harsh criticism or dissent can itself have a chilling effect that would erode the citizens’ freedom to openly share critical views or freely comment on important matters as members/stakeholders of society, the Bar said, utmost care and restraint should be exercised in causing the arrest of any person for an offence pertaining to alleged ‘fake news’ prior to a full investigation of any complaint.

“It would be consistent with due respect for democratic values and freedoms, for any decision to arrest without warrant to be resorted to keeping in mind the spirit of preserving fundamental freedoms and the need to avoid suppressing or oppressing the right to free expression of views. In our view this would be better achieved, if any decision to arrest or charge any person is taken only after careful due consideration and professional assessment that there is a real and reasonable prospect of an alleged offence in law being committed, with advice from the Attorney General as may be warranted in the relevant context.”

“Needless to say, enforcement of the law must be fair, even-handed and non-selective in its application, the importance of which we urge you to consistently uphold,” it added.

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Sri Lanka government to develop Arugam Bay tourism sector

ECONOMYNEXT – The Arugam Bay Tourism Development Plan, which focuses on challenges to infrastructure development in the area and obstacles hindering the growth of the tourism sector, was discussed by government officials and key stakeholders yesterday (20).

Participants from heads of relevant organizations, the Police and district officers met at the Presidential Secretariat to discuss how each institution could contribute to finding solutions to these challenges, the president’s media division said in a statement.

The main tourism plan for Arugam Bay, prepared by the Urban Development Authority (UDA) was presented by chief of presidential staff, Sagala Rathnayaka.

904,318 tourists visited Sri Lanka from January to August 2023, an increase from the 719,978 tourists that arrived in the country during the whole of 2022, statistics provided by the Sri Lanka Tourism Development Authority show.
“A tourist will spend an average of 185 -195 dollars a day,” Sri Lanka Tourism Development Chairman, Priyantha Fernando, told EconomyNext.

Sri Lanka’s government aims to attract five million tourists a year, and has mooted the establishment of an Investment Infrastructure Corporation, a decision-making council and regional committees under provincial tourism boards. (Colombo/Sep21/2023)

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Sri Lanka gets 19.23 mn US dollar grant from USA

ECONOMYNEXT – The United States yesterday (20) announced the commitment of more than 19 million US dollars in additional funds to further the development of Sri Lanka.

The 19.23 million US dollar (6.2 billion rupees) is obligated through the Development Objective Grant Agreement between the United States Agency for International Development (USAID) and the Sri Lanka government.

“This development assistance will support economic growth and democratic governance activities and demonstrates the ongoing US commitment to its partnership with Sri Lanka and in building lasting people-to-people ties,” a statement by the Embassy of the United States of America read.

“This investment demonstrates the United States’ ongoing commitment to our partnership with Sri Lanka and our steadfast support to the people of this stunning, opportunity-filled country, as USAID Administrator Samantha Power and President Wickremesinghe discussed in New York,” said Gabriel Grau, USAID Sri Lanka and Maldives Mission Director.

“With these funds we’ll continue to work with the government of Sri Lanka to improve economic growth and democratic governance and advocate for vulnerable populations.”

USAID is an independent agency of the United States government responsible for administering civilian foreign aid and development assistance.

The United States has provided more than 2 billion US dollars (nearly 720 billion rupees) in assistance to Sri Lanka since 1956. (Colombo/Sep21/2023)

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Sri Lanka’s 2022 EPF returns falls to lowest, single digit in near two decades – CB data

ECONOMYNEXT – The 2022 annual average return on Sri Lanka’s largest contributory pension scheme, the Employees’ Provident Fund (EPF), has fallen to its lowest in nearly two decades, Central Bank data showed.

The annual average return in the last year fell to 9.52 percent from the previous year’s 11.40 percent, a central bank response to a Right to Information (RTI) request showed.

Returns on EPF has raised concerns among contributors after the government decided to include EPF investments in the government treasury bonds under the domestic debt optimization (DDO) process.

Last year’s lower return has been recorded despite market interest rates being more than 30 percent towards the end of the year. In contrast, the fund has given a double digit return in 2020 when the market interest rates hovered in single digits.

Analysts have predicted the returns to be further low with the central bank opting for the government’s DDO option.

A central bank analysis on DDO showed the return on EPF could fall to as low as 6.79 percent if the DDO option was not chosen within the next 12 years as against 8.02 percent if opted for DDO.

Trade unions and some politically motivated fractions opposed the government move to include the EPF investments under the DDO. However, parliament approved the move early this month.

According to the data made available from 2005, the central bank, which is the custodian of the EPF, has given the highest return of 16.03 percent in 2009.

The island nation’s largest pension fund has almost 21-million member accounts including 18.3 million non-contributing accounts due to some members having multiple number of accounts.

The 3.38 trillion-rupee ($10.6 billion) worth fund as of end 2022 is managed by the central bank, including its investment decisions.

As of end 2022, the central bank has invested 3.23 trillion rupees or 95.7 percent of the total EPF in government securities, while 84.1 billion rupees has been invested in listed companies in the Colombo Stock Exchange, the central bank said quoting the EPF audited financial statement. (Colombo/September 21/2023)

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