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New laws to check tsunami crimes
Emergency Regulations coming into force
By Anthony David
The Government is to introduce a special law short-titled the "Tsunami Law" and invoke emergency regulations to arm itself with powers to imprison, confiscate property and impose heavy fines and jail terms on those responsible for kidnapping, theft of property and looting in the wake of the national disaster caused by the December 26 tidal waves that hit Sri Lanka's coastal areas killing an estimated 40,000 people.

These are highlights of tough new laws and emergency regulations to be gazetted next week. They focus is entirely on issues related to the aftermath of the tsunami catastrophe. Provision has been made in the regulations to deal with kidnappings, misappropriation, theft of property and looting, officials told The Sunday Times yesterday.

Though President Chandrika Kumaratunga signed a proclamation on January 4, bringing into effect a state of emergency, delays in the formulation of regulations halted its full enforcement. It was only on Friday that President Kumaratunga signed the regulations, which also invoke the Miscellaneous Provisions (Part II) of the Public Security Act. This will give the military powers to do normal police functions.

These new emergency regulations could either be made effective from the date on which the state of emergency came into effect (January 4), or on a date to be fixed thereafter, a senior government law officer said last night.

The provision conferring tough punishment on kidnappers has been brought in following reports of orphaned children being abducted or sold by interested parties. Deterrent punishment, including imprisonment, has been incorporated for misappropriation, theft of property and looting.

No official communication has still been made about the state of emergency being declared by President Kumaratunga. On Friday, the Civil Rights Movement (CRM) called upon the Government to inform the people about the provisions of the emergency regulations that had been promulgated.

The CRM has expressed concern over the provisions that would give the Security Forces powers to use firearms and bullets saying that they must be accounted for and reported to superior officers. It adds that any killings under these laws must be made public and subject to normal inquest proceedings.

Besides the emergency regulations, the Government is also drafting legislation to be introduced in Parliament to deal with the extra-ordinary situations arising from the tsunami disaster, Justice Minister John Seneviratne told The Sunday Times yesterday.

He said that several provisions relating to rectify issues arising from the issue of death certificates for those who have disappeared and the adoption of children, and situations where persons have illegally possessed state lands after December 26 would be brought into the ambit of a special law called the Tsunami Law.

He said they would strictly check proof of ownership of land, in the event attempts are made to claim land where the owners are not among the living. He pointed out that at present the laws pertaining to adoption of children only refer to those under the age of 14. The new laws will stipulate specific criteria for adoption.

A Cabinet Sub Committee headed by Mr. Seneviratne and comprising Social Service Minister Sumedha Jayasena and Consumer Affairs Minister Jeyaraj Fernandopulle have been appointed to study the draft Tsunami Law. Parliament needs to meet within 30 days to ratify the emergency regulations, but the next Parliamentary sittings are scheduled for February 8.

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