By The Pulseline News Desk
A proposed law to regulate non-governmental organizations (NGOs) has triggered fresh debate over the future of civil society in Sri Lanka, with critics warning that several provisions could significantly expand government oversight of non-profit organizations and restrict independent advocacy.
The Non-Governmental Organizations (Registration and Supervision) Bill (L.D.-O. 6/2026), recently published by the government, seeks to establish a new legal framework for the registration and supervision of NGOs operating in the country. While the government has maintained that the legislation is intended to strengthen regulation and accountability within the sector, critics argue that its provisions grant sweeping powers to the executive and could undermine democratic freedoms.
In an opinion article published by the Daily FT, Professor Rohan Samarajiva described the proposed legislation as a serious challenge to Sri Lanka’s democratic framework and fundamental freedoms. He argued that the Bill places virtually all non-profit and humanitarian organisations under the authority of a government-appointed Competent Authority, answerable to the minister responsible for the subject.
According to Samarajiva, the Bill extends well beyond foreign-funded organisations, bringing under its scope even locally funded charities, voluntary associations and welfare organisations through broadly drafted provisions.
One of the key concerns raised relates to Section 2(3) of the Bill, which he says would also subject corporate social responsibility (CSR) programmes undertaken by private companies, as well as the non-religious welfare activities of religious organisations, to state supervision. He argues that the broad wording of the provision could significantly widen the range of activities requiring regulatory oversight.
Another provision drawing criticism is Section 15(2)(b), which requires registered organisations to act in conformity with government policy. Samarajiva contends that such a requirement could discourage or restrict advocacy campaigns by civil society organisations seeking legal or policy reforms, as governments could interpret criticism or lobbying efforts as being inconsistent with official policy.
The Bill also proposes extensive powers for the Competent Authority. According to Samarajiva’s analysis, the authority would be empowered to inspect organizational premises, examine financial and administrative records, and attend executive committee meetings and general assemblies as part of its supervisory functions. The proposed law would further allow administrative penalties, including fines of up to Rs. 100,000 for certain regulatory breaches and, in specified circumstances, the suspension of an organization’s activities or the cancellation of its registration.
Samarajiva has also questioned the practical implementation of the proposed regulatory framework. He has noted that only Rs. 3 million has been allocated in recurrent expenditure for the NGO Secretariat under the 2026 Budget, arguing that an institution with such limited resources would struggle to oversee thousands of organizations nationwide or effectively investigate complex financial offences such as money laundering and terrorist financing.
He further warned that the Bill could create the potential for selective enforcement, allowing future governments to use the regulatory framework against organizations that hold views critical of the administration or advocate alternative public policies.
The proposed legislation is expected to generate further legal and political debate in the coming weeks, with civil society organizations, legal experts and policymakers likely to scrutinise its compatibility with constitutional guarantees relating to freedom of association, expression and civic participation before it proceeds through the legislative process.
Leave a comment