THE HARMONY ACT
FOR RELIGIOUS, RACIAL, ETHNIC AND CIVIL
HARMONY IN SRI LANKA

A WHITE PAPER

PRESENTED TO

HONORABLE SPEAKER OF THE PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA

HON. KARU JAYASURIYA

ON THIS EIGHTH DAY OF JULY
TWENTY HUNDRED
AND NINETEEN

Modelled On:
Maintenance of Religious Harmony Act of Singapore
(Chapter 167A)

(Original Enactment: Act 26 of 1990)
Revised Edition: 31st July 2001

THE HARMONY ACT
FOR RELIGIOUS, RACIAL, ETHNIC AND CIVIL
HARMONY IN SRI LANKA

Fourth Revision: 3rd July 2019

PART I

PRELIMINARY

Section

  • Summary & Preface
  • 1. Short Title & Interpretation

    • PART II

    ESTABLISHMENT OF THE HARMONY COUNCIL

  • 2. Establishment of Council
  • 3. Functions of Council
  • 4. Member Indemnification
  • 5. Secrecy

    • PART III

    RESTRAINING ORDERS

  • 6. Restraining Orders
  • 7. Penalties

    • PART IV

    PUBLICATION

  • 8. Publication
  • 9. Media Regulation
  • 10. Consent of the Attorney General
  • 11. Decisions under Act not justiciable
  • 12. Regulations

    • THE HARMONY ACT
    FOR RELIGIOUS, RACIAL, ETHNIC AND CIVIL
    HARMONY IN SRI LANKA

    OVERVIEW

    This white paper is proposed by an independent body of civil society comprising Sri Lankan nationals from the private and business sector, academic and professional spheres, representing the four ethnic denominations in Sri Lanka.

    OBJECTIVE

    “In order to maintain a tolerant society, the society must be intolerant of intolerance."
    Karl Popper, The Paradox of Intolerance

    To foster inter-ethnic, inter-cultural and inter-religious harmony and understanding among all religious, ethnic, racial and civil groups in Sri Lanka and to prevent causing feelings of enmity, hatred, ill-will or hostility between different religious, ethnic, racial and civil groups in Sri Lanka.

    STAKEHOLDERS

    All citizens of Sri Lanka.

    PREFACE

    The aftermath of the horrific and tragic bombings on Easter Sunday, 21st of April 2019 has created an urgent need to address the disturbing trend of racial disharmony in SrI Lanka. The spread of hatred, enmity and hostility has resulted in death, violence, anger, distrust and fear which in turn has divided our country and damaged our economy. In order to prevent these waves from completely engulfing the country and future generations, it is important to assert that religious, racial, ethnic and civil disharmony will not be tolerated and that there will be consequences for those who actively engage in and incite such disharmony.

    The first question that may arise is, does not the law adequately cover this issue?

    It is noted that theInternational Covenant on Civil and Political Rights (ICCPR) ActNo. 56 of 2007, inter alia, provides that no person shall propagate war or advocate national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence. A person found guilty of violating this provision shall on conviction by the High Court, be punished with rigorous imprisonment for a term not exceeding ten years.

    The right to equality is also enshrined in our Constitution. Article 12(2) of the Constitution provides that no citizen shall be discriminated against on the grounds of race, religion, etc. Notwithstanding the existence of this legislation, we are of the view that there is no law which specifically addresses the topic of harmony in Sri lanka. Although the concepts of unity and tolerance should be inbuilt in all citizens, it is unfortunate that such is not the case at present and we are thus compelled to set out clearly that it is imperative to establish and create a legal framework that guarantees that hate and intolerance will not be accepted under any circumstances.

    There is no legislation in Sri Lanka which currently makes it an offence to cause “feelings of enmity, hatred, ill-will or hostility between different religious, racial, ethnic and civil groups”, and it is thus expected that the Harmony Act will fill that void.

    Furthermore, the Harmony Act can be distinguished from the ICCPR Act as it seeks to establish a Harmony Council which will serve as an independent body (made up of individuals, recommended by the Constitutional Council of Sri Lanka) to determine violations under the Act.

    In today’s context, where hate speech and racism are increasingly becoming the norm, we believe that the introduction of this Harmony Act will send out a clear message that intolerance of hate speech and racism will not be guaranteed in law.

    Much damage has already been done and no one can deny the enormous impact the recent events have had both on the economy as well as the entire social fabric of Sri Lanka in general. In the circumstances, we strongly believe that the enactment of the Harmony Act will be one step towards reuniting and strengthening our country for us and the future generations to come.

    THE HARMONY ACT
    FOR RELIGIOUS, RACIAL, ETHNIC AND CIVIL
    HARMONY IN SRI LANKA

    PART I

    SUMMARY

    An Act to provide for Religious, Racial, Ethnic and Civil Harmony and the mitigation of hatred in communication and expression in all forms.

    SHORT TITLE

    This Act may be cited as the Harmony Act of Sri Lanka.

    INTERPRETATION

    In this Act, unless the context otherwise requires:

    “Council” means the National Harmony Council for Religious, Racial, Ethnic and Civil Harmony.

    “Publication” includes any newsletter, journal, periodical, book, film, videotape, audiotape or any written, pictorial, aural or printed matter containing any audio or visible representation which by its images, form, shape or sound or in any other manner is capable of suggesting words or ideas, and every copy and reproduction or substantial reproduction of any publication.

    “Religious institution” includes a temple, church, cathedral, chapel, sanctuary, mosque, kovil or any other place of religious worship or religious practice.

    “Religious group includes” includes:

  • a)Any company or other body corporate incorporated under the Companies Act 7 of 2007 or any other written law for the purpose of promoting any religion, religious worship or dealing with religious affairs or practicing, conducting, teaching or propagating any religious belief, and
  • b)Any body of persons, whether or not registered as a society under the Societies Ordinance No. 16 of 1891 whose objective is the promotion of any religion, religious worship or the practice, conduct, teaching or propagating of any religious belief.
  • “President” means the President of the Democratic Socialist Republic of Sri Lanka. “Prime Minister” means the Prime Minister of the Democratic Socialist Republic of Sri Lanka.

    • PART II

    ESTABLISHMENT OF A HARMONY COUNCIL
    FOR RELIGIOUS, RACIAL, ETHNIC AND CIVIL HARMONY

    ESTABLISHMENT OF COUNCIL

    2.

  • (i) There shall be a National Harmony Council for Religious, Racial, Ethnic and Civil Harmony comprising a Chairman and not less than 6, and not more than 10 other members.
  • (ii) Nominations for appointment to the Council shall be submitted to the Constitutional Council of Sri Lanka. Nominations may be received from all sections of civil society, ethnic, religious, racial groups and political parties. The Council shall be gender sensitive. The decisions of the Constitutional Council in matters pertaining to the appointment of the Chairman and Members to the Council, shall be final.
  • (iii) Not less than two thirds of the members of the Council shall be representatives of the major religions in Sri Lanka and the other members shall be persons who, in the opinion of the Constitutional Council of Sri Lanka, have distinguished themselves in public service, in the private sector or in the humanitarian sector in Sri Lanka.
  • (iv) The 11 Member Council shall comprise of the following representations:
  • a) 1 Member representing the Buddhist Community of Sri Lanka and who holds a Bachelor’s Degree in theological study from a recognized University in Sri Lanka or abroad.
  • b) 1 Member representing the Hindu Community of Sri Lanka and who holds a Bachelor’s Degree in theological study from a recognized University in Sri Lanka or abroad.
  • c) 1 Member representing the Muslim Community of Sri Lanka and who holds a Bachelor’s Degree in theological study from a recognized University in Sri Lanka or abroad.
  • d) 1 Member representing the Catholic Community of Sri Lanka and who holds a Bachelor’s Degree in theological study from a recognized University in Sri Lanka or abroad.
  • e) 1 Retired Judge of the Supreme Court of Sri Lanka
  • f) 1 Retired Officer of the Sri Lanka Police Force (Senior Superintendent or above)
  • g) 1 Retired Civil Servant (who must have held a position of Secretary/Chairman at a Ministry/National Institution)
  • h) 1 Business Leader (Industry- having held/ holding office at a National chamber or Authority)
  • i) 1 Business Leader (Entrepreneur- having held/ holding office at a National chamber or Authority)
  • j) 1 Youth Representative (Between 25 – 30 years of age)
  • k) 1 Vice Chancellor of a University in Sri Lanka
  • (v) The Chairman and every member of the Council shall be appointed by the President on the recommendation of the Constitutional Council of Sri Lanka, and shall hold office for a period of 1 year, all of whom shall be eligible for reappointment. The Chairman and members of the Council must be an equal and fair representation of all the religions and races in Sri Lanka.
  • (vi) The President may, after consultation with the Constitutional Council of Sri Lanka, at any time revoke the appointment of the Chairman or any member of the Council and may, on the advice of the Constitutional Council, appoint any person to fill any consequential vacancy which may arise in the Council for any reason whatsoever.
  • (vii)The President may refuse to appoint any person as Chairman or a member of the Council (or to revoke) any such appointment if he/she does not concur with the advice or recommendation of the Constitutional Council of Sri Lanka.
  • (viii)No person shall be qualified to be appointed as a member of the Council unless he/she is:
    1. a)a citizen of Sri Lanka
    2. b)not less than 35 years of age (except in subsection (iv). j)
    3. c)not liable to any of the disqualifications provided in subsection (ix) below
  • (ix)A person shall be disqualified for appointment as a member of the Council who:-
    1. a)is under any law in force in Sri Lanka found or declared to be of unsound mind;
    2. b)is insolvent or an undischarged bankrupt
    3. c)has been convicted of a criminal offence by a court in Sri Lanka or in any other foreign court of law;
    4. d)has voluntarily acquired the citizenship of, or exercised the rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country.
    5. e)has ever been found to be/have propagating/propagated racial and religious extremism in any form/format.
    6. f)is also a citizen of a foreign country.
  • (x)A member shall vacate his seat in the Council:
    1. a)if he/she ceases to be a citizen of Sri Lanka, or is also a citizen of another country
    2. b)by writing under his/her hand addressed to the Chairman he/she resigns his/her seat; or
    3. c)if he/she becomes subject to any of the disqualifications provided in Subsection (ix) above.

    FUNCTIONS OF THE COUNCIL

    3.

  • (i)The functions of the Council shall be:
    1. a)to consider and report to the Prime Minister on matters affecting the maintenance of racial and religious harmony in Sri Lanka, which are referred to the Council by the Prime Minister or by Parliament; and
    2. b)to consider and make recommendations on orders referred to the Council by the Prime Minister under Section 6 subsection (i).
  • (ii)The Council shall have the power to appoint a Secretary to the Council and such other officers as may be required to enable the Council to carry out its functions under this Act.
  • (iii) The Council may, subject to the provisions in this Act, make rules to regulate its own procedure in accordance with Section 12. The rules to regulate the procedure of the Council as according to Section 3 subsection (iii) of the Act, will be drafted by the Council, in concurrence with the Constitutional Council of Sri Lanka.
  • (iv)The Council shall not transact business unless a quorum of not less than half its members, including the Chairman, or member presiding, is present.
  • (v)The Chairman, if present, shall preside at all meetings of the Council.
  • (vi)Whenever the office of the Chairman falls vacant or the Chairman for any other reason is unable to attend a meeting, such other member as the members present shall elect shall preside at the meeting.
  • (vii)The Council may, subject to Section 2 transact its business notwithstanding any vacancy among its members.
  • (viii)The proceedings of any decision of the Council shall be valid notwithstanding any defect in the appointment of its members or that some person who was not entitled to do so took part in its proceedings.
  • (ix)The Council shall meet at least once in every month.
  • a)The Council may, when necessary or expedient in the National interest, convene at any time, upon a request made by at least 3 members of the Council.
  • (x)Any member who fails to attend 3 consecutive meetings of the Council shall cease to be a member of the Council. All vacancies filled upon such vacancy arising in the Council, shall be filled as early as possible, and the person so appointed shall serve for the unexpired term of the Council.

    • MEMBER INDEMNIFICATION

    4.

  • (i)Every member or officer of the Council shall, for the purpose of this act, be deemed to be a public servant within the meaning of the Penal Code.
  • (ii)Nothing done by any member or officer of the Council in good faith and in the discharge of the powers and functions of the Council shall render him/her liable to any suit or action.

    • SECRECY

    5.

  • (i)Except as provided under Section 8 the proceedings of the Council shall be held on camera.
  • (ii)No member of the Council shall disclose or divulge to any person, other than to the President, the Prime Minister, the Secretary to the Council or to any member of the Council, any matter or business that relates to the functions of the meeting of the Council, unless he/she is expressly authorised to do so in writing by the Prime Minister.

    • PART III

    RESTRAINING ORDERS

    6.

  • (i)The Prime Minister may, make a restraining order against any civilian, official, priest, pastor, monk, imam, pujari, office bearer or any other person who is in a position of authority in any public or private institution, organization, enterprise, religious group or any member thereof for the purposes specified in subsection (ii) where the Prime Minister is satisfied that the person or persons has committed or is attempting to commit any of the following acts:
    1. a)causing feelings of enmity, hatred, ill-will or hostility between different religious, racial, ethnic and civil groups;
    1. b)carrying out any subversive activity under the guise of propagating or practicing any religious belief, youth empowerment or community building movement or initiative.
  • (ii)An order made under subsection (i) may be made against the person named therein for the following purposes:
    1. a)restraining any person from inciting, instigating or encouraging any religious, government, civil or private group, institution, organization or enterprise mentioned in subsection (i) of section 6 who are seen to be committing, planning to commit or propagating notions to commit any of the acts specified in that subsection;
    2. b)restraining any person other than persons mentioned in subsection (i) of section 6, who are seen to be committing, planning to commit or propagating notions to commit any of the acts specified in that subsection;
    3. c)restraining him/her from addressing orally or in writing any congregation, parish or group of worshippers or members of any religious group or institution on any subject, topic or theme as may be specified in the order without the prior written permission of the Prime Minister;
    4. d)restraining him/her from printing, publishing, editing, distributing or in any way assisting or contributing to any publication produced by any religious group without the prior written permission of the Prime Minister;
    5. e)restraining him/her from holding office in an editorial board or a committee of a publication of any religious group without the prior written permission of the Prime Minister.

    PENALTIES

    7.

  • (i)The Council may, at its discretion and by the powers vested in the Council by the Harmony Act of Sri Lanka, having received notice of complaints from Religious, Racial, Ethnic and Civil Groups representing the public interest or private citizens on an individual basis, be empowered to advise the Prime Minister of the legal action/penalties in keeping with the Penal Code of Sri Lanka.
  • (ii)If the Prime Minister fails or is unable to act on the recommendations of the Council within a period not exceeding 48 hours, the Council may, at its discretion and by the powers vested in the Council by the Harmony Act of Sri Lanka, be so empowered to act independently in partnership with the Attorney General of Sri Lanka, the Inspector General of the Sri Lanka Police Force and the Chief of Defence Staff.

    • PART IV

    PUBLICATION

  • 8.The Prime Minister shall cause an order made under section 6, any revocation, variation, extension or confirmation thereof or any recommendations of the Council to be published in the Parliamentary Gazette.

    • MEDIA REGULATION

    9.

  • (i)The Harmony Act for Religious, Racial, Ethnic and Civil Harmony and the Council shall:
  • a)constitute itself as an annexure to the Media Ethics & Regulations Act of Sri Lanka.*
  • b)function in close partnership with all media outlets, organizations and companies involved in the development, publication, broadcast, buying, conceptualization and production of any/all media related materials, ranging from but not limited to, television, cable, film, radio, print, digital, social media and the relevant content therein.

    • CONSENT OF THE ATTORNEY GENERAL

  • 10.No court shall try an offence under this Act except with the consent of the Attorney General.

    • DECISIONS UNDER ACT NOT JUSTICIABLE

  • 11.All orders and decisions of the Prime Minister and recommendations of the Council made under this Act shall be final and shall not be called in question in any court.

    • REGULATIONS

    12.

  • (i)The rules to regulate the procedure of the Council as according to Section 3 subsection(iii) of the Act, will be drafted by the Harmony Council, in concurrence with the Constitutional Council of Sri Lanka. The rules to regulate the procedure of the Council will then be presented to the Prime Minister for approval, and to be included in the gazette.
  • (ii)The Prime Minister may make regulations for the purpose of giving effect to the principles and provisions of the Act.
    • *The Media Ethics & Regulations Act is a much required law in Sri Lanka. The white paper is currently under development.
    It is modelled on the Broadcast Act of Singapore (2012), Newspaper and Printing Presses Act (2002), Spam Control Act (2008) and Media Development Authority of Singapore Act (2019).