Read on Twitter
This tweet got me thinking as to how #lka response to Covid-19 has mostly been based on "Rule by press release" as opposed to the Rule of Law. From the de facto curfew / lock down / quarantine curfew which has no clear basis in law to the "regulations for wearing masks" [1/11] https://twitter.com/RehanaThowfeek/status/1283723715067277313
Which are not even regulations in the legal sense of the word. Whilst people should continue to do these things the gov needs to have clear laws for people to follow, if not it leads to abuse like in the case of https://twitter.com/LuwieNiranjan/status/1260429179100827648 [2/11]
Arbitrary laws impact the most vulnerable in society disproportionately more than others, but when left unchecked arbitrary rule can move across all parts of society & create chaos and uncertainty.. take the example of Banking & Insurance as "Essential Services" [3/11]
The President's Media Division issued a statement in March saying that the President has included "Central Bank of Sri Lanka, commercial banks, insurances services and the Treasury in the category of essential services." http://www.pmdnews.lk/central-bank-commercial-banks-and-insurances-services-asked-to-remain-open/ [4/11]
![The President's Media Division issued a statement in March saying that the President has included "Central Bank of Sri Lanka, commercial banks, insurances services and the Treasury in the category of essential services." http://www.pmdnews.lk/central-bank-commercial-banks-and-insurances-services-asked-to-remain-open/ [4/11]](https://pbs.twimg.com/media/EdHk7cTWsAAQLe_.jpg "The President's Media Division issued a statement in March saying that the President has included \"Central Bank of Sri Lanka, commercial banks, insurances services and the Treasury in the category of essential services.\" http://www.pmdnews.lk/central-bank-commercial-banks-and-insurances-services-asked-to-remain-open/ [4/11]")
The media (rightly) gave this statement wide publicity as it would calm the nerves of citizens worried about getting access to money etc.. Here's a report from @FT_SriLanka http://www.ft.lk/breaking_news/CB-Treasury-commercial-banks-and-insurance-made-essential-services/10526-698078#:~:text=CB%2C%20Treasury%2C%20commercial%20banks%20and%20insurance%20made%20essential%20services,-Thursday%2C%2026%20March&text=President%20Gotabaya%20Rajapaksa%20today%20decided,P.%20B & attached a report from @adaderana [5/11]
![The media (rightly) gave this statement wide publicity as it would calm the nerves of citizens worried about getting access to money etc.. Here's a report from @FT_SriLanka http://www.ft.lk/breaking_news/CB-Treasury-commercial-banks-and-insurance-made-essential-services/10526-698078#:~:text=CB%2C%20Treasury%2C%20commercial%20banks%20and%20insurance%20made%20essential%20services,-Thursday%2C%2026%20March&text=President%20Gotabaya%20Rajapaksa%20today%20decided,P.%20B & attached a report from @adaderana [5/11]](https://pbs.twimg.com/media/EdHk-6OXgAADPEg.jpg "The media (rightly) gave this statement wide publicity as it would calm the nerves of citizens worried about getting access to money etc.. Here's a report from @FT_SriLanka http://www.ft.lk/breaking_news/CB-Treasury-commercial-banks-and-insurance-made-essential-services/10526-698078#:~:text=CB%2C%20Treasury%2C%20commercial%20banks%20and%20insurance%20made%20essential%20services,-Thursday%2C%2026%20March&text=President%20Gotabaya%20Rajapaksa%20today%20decided,P.%20B & attached a report from @adaderana [5/11]")
The President has the power to designate a service to be a "essential service" in terms of the Public Security Ordinance (See attached), he does NOT need to declare a state of emergency BUT he needs to issue a Gazette for this purpose [6/11]
![The President has the power to designate a service to be a "essential service" in terms of the Public Security Ordinance (See attached), he does NOT need to declare a state of emergency BUT he needs to issue a Gazette for this purpose [6/11]](https://pbs.twimg.com/media/EdHl7u6XgAAD0-F.jpg "The President has the power to designate a service to be a \"essential service\" in terms of the Public Security Ordinance (See attached), he does NOT need to declare a state of emergency BUT he needs to issue a Gazette for this purpose [6/11]")
I've checked the gazettes available on http://documents.gov.lk from March to June but have not been able to find such a gazette, several people i spoke to in Banks who were also under the impression that they were an essential service did not know whether a gazette exists [7/11]
But most are of the opinion that Banking, insurance etc are designated essential services. Mr. Basil Rajapaksa who is the head of the Task force coordinating essential services said so in March http://www.ft.lk/top-story/Govt-kick-starts-program-to-deliver-household-goods/26-698049 & last week http://www.ft.lk/top-story/SL-capable-of-V-shaped-COVID-recovery-Basil/26-702851 [8/11]
So why is this important? firstly it has far reaching impacts on the rights of employees. One of which is when your service is designated as an essential service & if you refuse to report to work you can be prosecuted under the PSO (3 months - 5 years in prison) [9/11]
Secondly it raises the question as to why the government didn't think they needed to issue a gazette in terms of the law? why not follow through with the legal process? did they not want to designate pvt industry as essential? Thirdly here is a situation of the gov ... [10/11]
duping Pvt companies into following a non existent law, does this not harm future foreign investments & relationships between the pvt sector & the government? how can you follow the rules if you don't know them or if you don't trust the government? [11/11]
