By The Pulseline News Desk
Four United Nations Special Rapporteurs have raised concerns over Sri Lanka’s proposed Non-Governmental Organisations (Registration and Supervision) Bill 2026, warning that several provisions could violate the right to freedom of association and fall short of international standards on counter-terrorist financing.
In a written communication to the Sri Lankan Government dated September 28, the experts have reportedly questioned provisions that would impose mandatory registration on all non-governmental organisations (NGOs), introduce criminal liability for non-compliance and grant authorities extensive powers to monitor civil society activities.
The concerns come as Sri Lanka prepares for a mutual evaluation by the Asia/Pacific Group on Money Laundering, a Financial Action Task Force (FATF)-style regional body, scheduled for October 2026. The proposed legislation is reportedly part of the Government’s efforts to strengthen compliance with international anti-money laundering and counter-terrorist financing standards.
The Bill, which is intended to replace the Voluntary Social Services Organisations Act of 1980, was first published in 2024. It has since undergone several revisions, with the latest draft issued in June 2026 introducing additional provisions to monitor NGOs for compliance with financial crime prevention standards.
The UN experts have noted that the original Bill was reportedly developed without consultation with civil society organisations or the Human Rights Commission of Sri Lanka (HRCSL). They have also observed that the latest version was undergoing restricted stakeholder consultations.
Under Section 8 of the proposed legislation, all NGOs would be required to register with a designated Competent Authority, with failure to do so constituting an offence under Section 19. The provisions would effectively prohibit the operation of unregistered organisations.
The Bill has also provided for criminal liability for directors and office bearers of corporate bodies under Section 20. Registration certificates would be valid for three years, requiring organisations to renew their registration to continue operating.
However, the legislation does not specify a timeframe within which the Competent Authority must decide on registration or renewal applications. NGOs would also be prohibited from commencing activities until registration is approved, raising concerns about potential administrative delays and their impact on civil society operations.
The proposed legislation would further empower the Competent Authority to require the registration of certain voluntary social service activities or projects, including those that are non-religious in nature or fall outside an organisation’s stated constitutional objectives.
Once such activities or projects are registered, they would become subject to the Bill’s extensive regulatory obligations, potentially bringing charitable, civic and advocacy initiatives within the State’s supervisory framework even when their parent organisations are otherwise exempt.
The proposed obligations have also drawn scrutiny from the UN experts.
Section 15 requires NGOs to align their activities with government policies and prohibits conduct deemed to adversely affect Sri Lanka’s sovereignty or territorial integrity, violate the Constitution or induce public disorder affecting public safety and interests.
The Bill has also placed restrictions on political advocacy funded through NGO resources during pre-election periods, subject to an exception where such advocacy forms part of an organisation’s objectives.
Other requirements include restricting the use of funds to activities for which an organisation is registered, notifying the Competent Authority before initiating crowdfunding activities and complying with relevant instructions issued by the Central Bank.
The legislation also provides for the disclosure of specified funding information and account details, extending the Government’s oversight of NGO financial operations.
In their communication, the Special Rapporteurs have questioned whether the proposed registration requirements and associated penalties were compatible with international human rights protections, particularly the principle that associations should not require prior domestic authorisation or official recognition to enjoy the protection of the right to freedom of association.
They have also expressed concern over provisions imposing liability on directors and office bearers, including clauses they have said could reverse the burden of proof.
The experts have referred to the UN Human Rights Council’s Resolution 22/6, which calls on States to ensure that procedures governing the registration of civil society organisations are transparent, accessible, non-discriminatory, expeditious and inexpensive, while providing avenues for appeal and complying with international human rights law.
The communication has also cited the UN Human Rights Committee’s draft General Comment No. 38, which addresses protections relating to freedom of association.
The letter was signed by Ben Saul, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Leopoldo Maldonado Gutiérrez, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Gina Romero, Special Rapporteur on the rights to freedom of peaceful assembly and of association; and Andrea Bolaños Vargas, Special Rapporteur on the situation of human rights defenders.
Their intervention has placed the proposed legislation under international scrutiny at a time when Sri Lanka is seeking to demonstrate stronger safeguards against money laundering and terrorist financing while also addressing concerns over the regulatory space available to civil society.
The central challenge for the Government will be to reconcile its stated financial compliance objectives with the international human rights obligations that protect the independence and freedom of civil society organisations.
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