Page 71 - navstrat
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NAVSTRAT-2030

              Acts  of  Legal  Provisions Related to  Terrorism and  Piracy. Two  of  the leading
               international instruments in this aspect are the IMO Convention for the ‘Suppression of
               Unlawful Acts against the Safety of Maritime Navigation (SUA) 1988’ and the Protocol
               for the ‘Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the
               Continental Shelf’.  However,  as  far  as Sri Lanka is  concerned  local laws  enacted
               complements  these  conventions  (Suppression  of Unlawful Acts  against  the Safety of
               Maritime Navigation Act No. 42 of 2000 and the Piracy Act No. 9 of 2001).

              Legal  Provisions Related  to  Maritime Pollution. Jurisdiction  of  the above  subject
               confirmed by article 211 of the 1982 UNCLOS led the Sri Lankan Government to adopt a
               new Act, namely the ‘Maritime Pollution Prevention Act No 35 of 2008’ by revoking the
               ‘Marine Pollution Prevention Act, No. 59 of 1981’. Similarly, few other legislations were
               inspired  by the UNCLOS,  namely the ‘National Environmental Act,  No.  47 of  1980’
               empowering the Central  Environmental  Authority  to  formulate national  environmental
               policy  and  the ‘Coast  Conservation  Act,  No.  57 of 1981’  providing  provisions for
               protection of the marine environment and other ecosystems, such a coral reefs, mangroves
               and estuaries.

              Legal  Provisions  Related to  Drug Trafficking. There  are three major  existing
               international drug control treaties. The ‘Single Convention on Narcotic Drugs of 1961’ (as
               amended in 1972), the ‘Convention on Psychotropic Substances of 1971’ and the ‘United
               Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances
               of 1988’. However, only Article 17 of the 1988 convention and UNCLOS have provisions
               related to the suppression of Narcotic drugs trafficking at the sea. Meanwhile, domestic
               legislations related to narcotics; the ‘Penal Code (Ordinance No 02 of 1883)’, ‘the Poisons,
               Opium and Dangerous Drugs Ordinance No 17 of 1929’ (amended by Act No 41 of 2022),
               ‘the Cosmetic, Devices and Drugs Act No 27 of 1980’, ‘Customs Ordinance of 17 of 1869’
               (amended by Act No. 19 of 2013’, ‘Ayurveda Act No 31 of 1961’ (amended by Act No 19
               of 2023) and the ‘Conventions Against Illicit Traffic Narcotic Drugs and Psychotropic
               Substances  Act  No  1 of 2008’.  In  this  regard  the ‘Narcotic  Drugs and Psychotropic
               Substances Act No 1 of 2008’ authorizes law enforcement activities related to drugs at sea.

              Legal  Provisions related to  Irregular Maritime Migration.  In order  to regulate
               immigration and emigration of individuals to and from Sri Lanka, the ‘Immigrants and
               Emigrants Act No. 20 of 1948’ has been enacted. This was amended by Act No. 16 of 1955
               and Act No. 68 of 1961. However, due to the surge in illegal migration especially over the
               seas, the Sri Lankan legislature made further amendments to the Immigrants and Emigrants
               Act  through the Act  No.16 of 1993 and  Act  No.  42 of 1998. In  light  of the legal
               discrepancies that have arisen and continue to arise with regard to the provisions set out in
               the Immigrants  and Emigrants  Act  in an  attempt  to curtail  the smuggling  of migrants
               illegally, an additional amendment was made to the main Act by imposing the Act No. 31
               of 2006. Through such amendments, aiding and abetting illegal migration through forged
               and fraudulent documentations and processes are deemed offences under the provisions.
               The activities  related  to prevention of Human Trafficking are  basically  governed  by
               ‘Convention on Preventing  and  Combating  Trafficking  in  Women  and Children for
               Prostitution Act, No 30 of 2005’ and the penal code (amendment act No. 16 of 2006).

              Legal Provisions Related to Maritime Safety. The activities related to maritime safety
               are basically governed by the ‘Merchant Shipping Act No. 52 of 1971’ and also the relevant
               clauses of the ‘Admiralty Jurisdiction Act No. 40 of 1983’ and subsequent regulations
               made thereafter. Some of the legal powers vested on Merchant Shipping Act are delegated
               to SLN.




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