Sri Lanka’s New Counterterrorism Bill Raises Human Rights Concerns
Colombo, Sri Lanka – A newly proposed counterterrorism law in Sri Lanka is drawing sharp criticism from human rights organizations, who fear it replicates the abuses of its predecessor and fails to meet international standards. The proposed legislation, the Protection of the State from Terrorism Act (PSTA), threatens to undermine civil liberties and could be used to suppress dissent, experts warn.
Published by the Ministry of Justice in December 2025, the PSTA is intended to replace the Prevention of Terrorism Act (PTA), a law widely condemned for facilitating arbitrary detention and torture since 1979. Despite a 2017 commitment to the European Union to enact human rights-respecting legislation in exchange for GSP+ trade benefits, successive Sri Lankan governments have stalled on meaningful reform. President Anura Kumara Dissanayake, who campaigned on a platform of abolishing oppressive acts, now faces scrutiny over a bill that falls short of his promises.
A History of Abusive Counterterrorism Laws in Sri Lanka
Sri Lanka has a long and troubling history of utilizing counterterrorism legislation to target minority groups – particularly Tamils and Muslims – as well as political opponents and human rights defenders. The PTA, in particular, has been instrumental in these abuses. Recent cases demonstrate a continued pattern of problematic enforcement. In 2025, authorities detained two young Muslim men for months after they publicly criticized Israeli policies, only to release them without charge. Data provided to the United Nations reveals a slight increase in PTA arrests in the first five months of 2025 (49 arrests) compared to all of 2024 (38 arrests), with many arrests seemingly related to organized crime rather than genuine terrorism threats.
The Office of the UN Human Rights Commissioner has documented instances of the Terrorism Investigation Division repeatedly summoning human rights defenders for questioning regarding their participation in peaceful events and demonstrations. In August 2025, a journalist faced a terrorism investigation after reporting on the discovery of a mass grave linked to alleged extrajudicial killings during the 1983-2009 civil war. These actions, particularly in the north and east of the country, appear designed to intimidate civil society and disrupt funding for independent organizations.
International legal experts have consistently found that Sri Lanka’s counterterrorism laws violate fundamental human rights principles enshrined in treaties such as the International Covenant on Civil and Political Rights, the International Convention for the Protection of All Persons from Enforced Disappearance, and the Convention against Torture. In 2021, UN experts outlined five prerequisites for compliant legislation: a precise definition of terrorism, legal certainty, safeguards against arbitrary detention, a strict prohibition of torture, and robust due process guarantees with judicial oversight. The PSTA, according to Human Rights Watch, fails to meet any of these benchmarks.
Vague Definitions and Broad Powers
A central concern is the PSTA’s overly broad and vague definition of terrorism. The bill criminalizes actions such as “intimidating the public” or “compelling the Government of Sri Lanka… to do or to abstain from doing any act,” potentially encompassing legitimate political activism. The consequences of a “terrorist act” are defined to include not only serious harm but also “serious damage” to property, “robbery, extortion or theft,” further expanding the scope of the law. This expansive definition extends to speech, criminalizing the publication of material intended to “encourage or induce” terrorism, creating a chilling effect on freedom of expression.
Like the PTA, the PSTA grants authorities sweeping powers of arrest and detention. Suspects can be held without charge for up to a year by a magistrate, and an additional year under a detention order from the secretary of defence, effectively allowing for up to two years of detention without judicial review. The bill also empowers the military to conduct searches and arrests without warrants based on “reasonable suspicion,” raising concerns given the military’s history of human rights abuses.
While the bill includes provisions intended to safeguard against torture, their effectiveness is questionable given the lack of consistent implementation of similar safeguards under existing laws. Furthermore, provisions allowing the attorney general to suspend prosecution in exchange for “rehabilitation” raise concerns about coerced confessions and the potential for abuse within rehabilitation programs, which have historically been linked to torture.
The PSTA grants the president broad powers to proscribe organizations and declare curfews, and allows the secretary of defence to designate “prohibited places” where photography and videography are punishable by up to three years in prison. These powers, critics argue, are less constrained than those proposed in previous iterations of the legislation.
Did You Know? Sri Lanka’s commitment to replace the PTA was a key condition for regaining access to the EU’s GSP+ trade scheme, which provides preferential access to the European market.
What impact will this legislation have on the ability of journalists and human rights defenders to operate freely in Sri Lanka? And how can the international community effectively pressure the Sri Lankan government to uphold its human rights commitments?
Frequently Asked Questions About Sri Lanka’s Counterterrorism Bill
What is the primary concern regarding Sri Lanka’s new counterterrorism law?
The main concern is that the proposed law replicates the abusive provisions of the existing Prevention of Terrorism Act (PTA) and fails to meet international human rights standards, potentially leading to continued repression and violations of civil liberties.
How does the PSTA define “terrorism,” and why is this problematic?
The PSTA’s definition of terrorism is overly broad and vague, encompassing actions like “intimidating the public” which could criminalize legitimate political activism and stifle freedom of expression.
What powers of detention are granted under the proposed law?
The PSTA allows for suspects to be held without charge for up to a year by a magistrate, and an additional year under a detention order from the secretary of defence, totaling up to two years of detention without judicial review.
What is the GSP+ trade scheme, and how is it related to this legislation?
The GSP+ scheme is a preferential trade arrangement with the European Union. Sri Lanka committed to replacing the PTA with human rights-respecting legislation as a condition for regaining access to GSP+ benefits.
What role does the military play under the proposed counterterrorism law?
The bill empowers the military to conduct searches and arrests without warrants based on “reasonable suspicion,” raising concerns given the military’s history of human rights abuses and lack of training in law enforcement.
Are there any safeguards against torture included in the PSTA?
While the bill includes provisions intended to safeguard against torture, their effectiveness is questionable due to the lack of consistent implementation of similar safeguards under existing laws.
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