2026-02-06 / Debate: Extension of Emergency Regulations under Public Security Ordinance

Hon. Dayasiri Jayasekara, Attorney-at-Law

2026-02-06

Hon. Dayasiri Jayasekara opposed the extension of Emergency powers invoked in response to Cyclone Ditva, arguing that specific regulations—including Regulation 12 (deemed vacation of employment for strike participation), Regulation 18 (criminalising rumours via digital and AI platforms), and Regulation 33 (broad immunity from prosecution)—are disproportionate to post-disaster reconstruction needs and risk suppressing labour rights and media freedom. He contended that existing statutory authorities and public notice mechanisms are sufficient for reconstruction purposes, rendering Emergency powers unnecessary. Additionally, he raised concerns about alleged heritage violations at several archaeological sites including Katuwannawa Vihara, Ibbankatuwa prehistoric cemetery, and the Sigiriya Kaludiya Pokuna inscription, as well as the prolonged remand detention of approximately ten individuals in Trincomalee and the continued burden of high leasing interest rates on ordinary citizens. He concluded by declaring his opposition to the Emergency extension.

Madam Deputy Chairperson, we all understand the scale of Ditva. My core question is: why use Emergency powers for reconstruction? Look at the dangers in the Gazette. Regulation 15 allows prohibiting entry into specified areas. Why is that necessary for post-cyclone works when agencies like the Geological Survey and Mines Bureau can issue public notices? Regulation 5 allows appointment of “Competent Authorities”—we already have competent authorities: the President and Ministers. Regulation 12 says that if the President declares a service essential, any employee who fails to attend work for just one day without lawful excuse—even as part of a strike—will be deemed to have vacated employment. Why bring such coercive labour provisions into a disaster response? Regulation 18 on “spreading of rumours and false statements”—including through electronic, digital or AI systems—will be used to suppress the media. We already saw the Speaker call up a journalist over a report (about “ice” and alcohol in Parliament) to the Ethics and Privileges Committee. These provisions will be used to intimidate the press. Regulation 33 grants immunity from civil or criminal proceedings for acts done in good faith under these Regulations. Combined, these create broad shields with few checks. I must also raise cultural heritage concerns. In Mahawa DS, at the Katuwannawa Vihara site north of the Deduru Oya reservoir—an Archaeological Reserve since 1963—there are moves to “rebuild” the ancient Asanaghara (seat shrine) in a manner contrary to heritage practice. At the Ibbankatuwa prehistoric cemetery, stones from a burial cist have reportedly been removed and are now kept in the laboratory store of the Kandy Museum—authorised by a provincial official writing to the Senior DIG. There is talk of removing the Sigiriya Kaludiya Pokuna inscription plaque to be mounted at the Kandy Kachcheri. This is a cultural catastrophe. On Trincomalee, about ten—including monks—have been in remand for a month, with bail allegedly denied unless certain cases are withdrawn. Please ensure justice. Lastly, you say the Treasury is flush, yet leasing interest terms that were once extortionate (75–80%) are now capped around 50%, still crushing ordinary people. Please address this. You cannot rebuild the country after Ditva by using Emergency powers aimed at muzzling society. We oppose this extension. Thank you.