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An undemocratic week in the UK and Sri Lanka  

11 Jul 2021

While there are many differences between the UK and Sri Lanka, two significant events took place in the two countries over the course of last week which served to restrict freedom of expression and specifically the right to protest, thereby placing both nations in a similar light.  Firstly the UK’s House of Commons, the lower house of Parliament, passed the Police, Crime, Sentencing and Courts Bill on Monday (5). It was passed by a majority of 100 after its third reading, with 365 voting in favour and 265 opposing it, despite opposition from the political Opposition and even members of the Government. The Bill will now go to the House of Lords, where it will be scrutinised and likely amended, but the clearing of the Commons hurdle is a major achievement for this bill due to its draconian nature.  Usually in the UK, to place restrictions on a protest, Police generally have to prove the protest may result in “serious public disorder, serious damage to property or serious disruption to the life of the community”. The Police can also impose specific measures on the routes of the protest marches. When it comes to large scale protests which are planned well in advance, such details are typically thrashed out with the organisers long before the protest begins.  However, if the Police, Crime, Sentencing and Courts Bill becomes an Act, Police will be able to place tougher conditions on protests. These include imposing a start and finish time, stopping a protest if it exceeds certain noise levels and restricting demonstrations by a single person. This means that even a single person protest which includes the said person using a loudspeaker to air their views, could result in a fine of £ 2,500 for the said person if the Police deem them to be flouting rules.  Furthermore, it will also become a crime to fail to follow restrictions the protesters should have known about, even if they have not been informed or instructed directly by an officer. At present, the Police need to prove the protesters knew they had been told to end the protest or take the demonstration elsewhere, before they can be said to have broken the law. The proposed law includes an offence of “intentionally or recklessly causing public nuisance”. This is designed to stop people occupying public spaces, hanging off bridges, gluing themselves to windows, or employing other protest tactics to make themselves both seen and heard. The Bill also specifies that damage to memorials caused by protests could lead to up to 10 years in prison for the offending protestors.  In the weeks leading up to this Bill being tabled in Parliament, there were ‘Kill the Bill’ protests around the UK, demanding that the Government shelve the Bill which restricts the freedom to protest. There were several violent clashes between the Police and protestors during these clashes, including at the London vigil for Sarah Everard, who was murdered at the hands of a serving Police officer. At the vigil, male Police officers were criticised for manhandling women and violently arresting them.  On Tuesday (6), in Sri Lanka, the Director General of Health Services Dr. Asela Gunawardena wrote to the Inspector General of Police (IGP) Chandana D. Wickramaratne banning such protests and public gatherings indefinitely, citing a threat to public health owing to the potential for the spread of Covid-19.  Over the next two days, there were clashes between the police and protestors at a number of locations, mainly in opposition over the General Sir John Kotelawala National Defence University (KNDU) Bill which was tabled in Parliament. A large number of arrests were made, including that of former Janatha Vimukthi Peramuna (JVP) Provincial Councillor Samantha Vidyaratna, All-Ceylon Farmers Federation (ACFF) National Organiser Namal Karunaratne, Frontline Socialist Party (FSP) Politburo Member, Centre for Labour Struggles Co-ordinating Secretary Duminda Nagamuwa, former JVP Provincial Councillor Mahinda Jayasinghe, and Ceylon Teachers’ Union (CTU) General Secretary Joseph Stalin.  It is ironic that the UK, the nation that established modern democracy throughout much of the world appears to be moving away so brazenly from the same concept, and mirroring the events and scenarios playing out in Sri Lanka, a nation which has never been a shining example of democracy. However, when the right to protest and freedom of expression is being curtailed in any part of the world it should concern all those who value democracy around the world, whether they agree with the cause of the protestors or not. As the famous quote, which is incorrectly attributed to the 18th-century philosopher Voltaire but was actually by his biographer, goes, “I disagree with what you have to say, but I will defend to the death your right to say it.”


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