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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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