Mar 11, 2018

Operationalizing The ‘State Of Emergency’ Giving Government Headache


The government has run into a crisis following the declaration of a state of emergency for 10 days.
It was when documents following the gazette notification announcing the emergency was drafted that the possible repercussions have surfaced, Colombo Telegraph reliably learns.
Source involved in the process reveal that the ‘nitty gritty’ will cause the government embarrassment in relation to the ongoing engagement with the UNHRC and resolutions thereto.
In addition, there could be a negative impact on the tourism industry as well.
The Government didn’t have any options either, given the circumstances where communal violences threatened to spread and go out of control.
 The Government is currently struggling to draft the provisions for the operationalising of the emergency. Colombo Telegraph learns that the task is yet to be completed.
A state of emergency has been proclaimed by the President in terms of Article 155 of the Constitution read with section 2(1) of the Public Security Ordinance of 1947 bringing into operation Part II of the said Ordinance. However, no emergency regulations have been made as provided in section 5(1) of the said Ordinance. Under section 5(1), the President is empowered to make such “emergency regulations” as appear to him to be necessary or expedient in the interests of public security and the preservation of public order and the suppression of mutiny, riot or civil commotion, or for the maintenance of supplies and services essential to the life of the community. Currently, action is under way to make emergency regulations that are necessary to bring an end to the current state of emergency, and it is expected that the regulations will be made and published in the Gazette by Wednesday.

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