By The Pulseline News Desk
Sri Lanka’s proposed replacement for the Prevention of Terrorism Act (PTA) retains sweeping powers that could enable the same human rights abuses associated with the country’s long-standing counterterrorism law, Human Rights Watch (HRW) has warned.
The Protection of the State from Terrorism Bill (PSTB) is scheduled to be presented to Parliament, with HRW raising concerns over what it describes as an overly broad definition of terrorism, inadequate judicial oversight and extensive powers granted to security authorities.
The proposed legislation is intended to replace the PTA, which has been criticised for decades over its use in arbitrary detention, alleged torture and the targeting of minorities, journalists, activists and government critics.
HRW has said the new Bill fails to meet benchmarks set by UN human rights experts and could also put Sri Lanka’s commitments under the European Union’s Generalised Scheme of Preferences Plus (GSP+) at risk.
“Sri Lankan authorities have long used draconian counterterrorism legislation to persecute minorities and target the victims of rights abuses and activists seeking justice and accountability,” HRW Asia Director Elaine Pearson has said.
She has warned that the proposed law could allow similar abuses to continue while breaching Sri Lanka’s international human rights obligations.
Broad definition of terrorism
One of HRW’s key concerns is the definition of terrorism contained in the Bill.
The organisation has said the proposed definition is broad and vague, with terrorism including conduct intended to “unduly” compel a government or international organisation to act or refrain from acting.
HRW has warned that such provisions could affect freedom of expression, peaceful assembly and other fundamental rights.
The Bill also creates offences relating to distributing or circulating terrorist publications, including providing services that enable another person to access, read, listen to or view such material.
According to HRW, these provisions could potentially be used to restrict legitimate speech, particularly given Sri Lanka’s previous use of the PTA against journalists and social media users.
The organisation has acknowledged that the Bill contains some improvements, including provisions stating that protest, advocacy, dissent, industrial or labour action, and humanitarian or medical assistance would not in themselves constitute terrorism-related offences.
However, HRW has said those safeguards do not sufficiently address the risks created by other provisions.
Security forces given wide powers
The proposed legislation would give the police, armed forces and coast guard broad powers to stop, search, question and take people into custody without a warrant where there is “reasonable suspicion”.
HRW has said the powers are particularly concerning because of Sri Lanka’s history of abuses under counterterrorism legislation.
Under the Bill, the Inspector General of Police or a Deputy Inspector General of Police could obtain an order from the Defence Secretary to detain a suspect for two months.
That detention could subsequently be extended for up to one year.
A magistrate would not have the power to overturn a detention order, which HRW has said would remove effective judicial oversight.
The organisation has further warned that, through different provisions of the proposed law, an individual could potentially remain in detention without being charged for up to two years.
Questions over judicial safeguards
The Bill does contain several safeguards, including provisions allowing magistrates to make unannounced visits to approved detention facilities, interview detainees and order that a detainee be produced before a Judicial Medical Officer where torture or ill-treatment is suspected.
Magistrates could also order that a detainee be transferred to another detention facility.
However, HRW has raised concerns over the proposed Independent Review Committee, which would examine the “necessity, legality and proportionality” of detention orders within 30 days.
Although the committee could recommend that a detention order be confirmed, varied or revoked, its members would be appointed by the Defence Minister.
HRW has said this raises questions about whether the committee would be sufficiently independent to provide meaningful oversight.
Executive powers over movement and organisations
The proposed law would also give the executive broad authority to restrict freedom of movement and association.
The President would have the power to proscribe organisations without judicial oversight, while the Defence Secretary could designate any location as a “prohibited place”.
A Deputy Inspector General of Police could also seek a court order restricting an individual’s movement and communications for up to three months.
HRW has said the combination of broad executive powers and limited judicial oversight could have a chilling effect on freedom of expression, association, assembly and movement.
PTA pledge under scrutiny
The proposed legislation comes despite the National People’s Power (NPP) government’s pledge during the 2024 election campaign to abolish the PTA and other oppressive laws.
The PTA was first introduced in 1979 as a temporary measure but remained in force for more than four decades. HRW has said it had been used against Tamil and Muslim communities, journalists, human rights defenders and critics of successive governments.
Sri Lanka also committed in 2017 to repealing the PTA as part of commitments linked to the restoration of the EU’s GSP+ trade concessions.
Several attempts to repeal and replace the law since 2018 have failed.
The government introduced an earlier version of the proposed counterterrorism legislation in late 2025 but withdrew it following criticism from human rights groups, media organisations and others.
HRW has said the latest Bill contains some changes but still retains provisions that could facilitate abuse.
The concerns also come as the PTA remains in use. HRW has pointed to the June 2026 arrest and detention of Tamil hip-hop artist Sangeethan Ganeshkumar under the PTA over a music video.
Information provided to the UN by the Human Rights Commission of Sri Lanka (HRCSL) showed 46 PTA-related detention cases in 2025 and 12 cases during the first three months of 2026.
HRW calls for PTA moratorium
HRW has called on the Government to immediately impose a moratorium on the use of the PTA while comprehensively amending the proposed PSTB or preparing new legislation that complies with international human rights standards.
The organisation has said UN human rights experts had previously identified key requirements for any replacement counterterrorism law, including a precise definition of terrorism, safeguards against arbitrary detention, measures to prevent torture and enforced disappearance, and effective due process, judicial oversight and access to legal counsel.
“Sri Lanka has a grim history of misusing bad counterterrorism laws to commit serious human rights violations, and this bill would do little to stop that from happening again,” Pearson has said.
The proposed legislation therefore places the Government under renewed scrutiny over whether its promised replacement of the PTA will represent a genuine shift away from the country’s past counterterrorism practices — or simply give existing powers a new legal framework.
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