January 20, Colombo (LNW): Human Rights Watch has raised serious concerns over Sri Lanka’s proposed counterterrorism law, warning that it mirrors many of the most criticised elements of the existing legislation and could entrench the very abuses it claims to replace.
In a statement issued today, the organisation said the draft Protection of the State from Terrorism Act (PSTA), released by the Ministry of Justice in December 2025, falls short of international human rights standards and risks perpetuating repression under a new legal label. According to HRW, the bill does not meet benchmarks set by United Nations counterterrorism experts, nor does it honour commitments Sri Lanka has made to the European Union as part of its eligibility for GSP+ trade concessions.
The proposed law is intended to replace the Prevention of Terrorism Act (PTA), in force since 1979, which has long been blamed for facilitating arbitrary detention, torture, and other serious violations. Human Rights Watch noted that Sri Lanka pledged in 2017 to repeal the PTA and introduce rights-respecting legislation as a condition for the restoration of GSP+ benefits, but successive governments have failed to deliver on that promise. The group said the new bill also contradicts President Anura Kumara Dissanayake’s 2024 election pledge to abolish oppressive laws and safeguard civil liberties nationwide.
HRW’s deputy Asia director, Meenakshi Ganguly, said replacing the PTA is long overdue, but warned that the proposed legislation would allow authorities to continue using sweeping powers with minimal oversight. She called for an immediate halt to the use of the PTA and urged the government to restart the reform process through inclusive consultations that genuinely reflect expert and civil society input.
The organisation noted that several provisions in the draft law resemble earlier proposals floated in 2018 and 2023, which were later withdrawn after strong criticism over their impact on fundamental rights. Although the current administration invited public submissions, HRW said many of the concerns previously raised were ignored.
According to the group, Sri Lanka has a documented history of misusing counterterrorism laws against minorities, activists, journalists, and government critics, particularly Tamils and Muslims, and such practices have continued in recent years. HRW cited cases from 2025 in which two young Muslim men were held for months under the PTA after criticising Israel, only to be released without charge. It also pointed to official data indicating a rise in arrests under the PTA in early 2025, with many cases unrelated to terrorism and instead linked to organised crime.
The organisation further highlighted findings by the UN Office of the High Commissioner for Human Rights, which reported repeated questioning of human rights defenders by the Terrorism Investigation Division. HRW also referred to a case in which a journalist was investigated for terrorism after reporting on the excavation of a mass grave linked to alleged wartime executions, describing such actions as attempts to intimidate civil society, particularly in the north and east.
Human Rights Watch said UN experts have consistently found Sri Lanka’s counterterrorism framework to be incompatible with key international treaties, including those governing civil and political rights, protection from enforced disappearance, and the absolute prohibition of torture. In 2021, UN experts outlined five essential conditions for lawful counterterrorism legislation, ranging from a clear definition of terrorism to strong safeguards against arbitrary detention and abuse. HRW said the proposed bill fails to fully satisfy any of these criteria.
The organisation criticised the bill’s broad definition of terrorism, which it said could criminalise political activism and peaceful dissent. It warned that vague references to “intimidating the public” or compelling the government to act, along with expansive notions of harm such as property damage or theft, could be used to suppress legitimate expression. Provisions criminalising the publication or distribution of material deemed to encourage terrorism were described as particularly dangerous, given the lack of clarity over what constitutes a “terrorist publication”.
HRW also expressed alarm over the extensive arrest and detention powers in the draft law, including the possibility of holding suspects without charge for up to two years through a combination of judicial remand and executive detention orders. The bill would also authorise members of the armed forces to carry out searches and arrests without warrants, a move the organisation said is troubling given the military’s history of abuses and lack of law-enforcement training.
While the draft law contains nominal safeguards against torture, Human Rights Watch said similar protections under existing laws have been poorly enforced. It also raised concerns over provisions allowing prosecutions to be suspended if suspects accept conditions such as rehabilitation, warning that such mechanisms could be used to extract confessions or impose punishment without trial.
Additional powers granted to the president and defence secretary, including the ability to ban organisations, impose curfews, and declare wide areas as restricted zones where photography is criminalised, were described as excessive and lacking adequate oversight.
“The draft legislation suggests that the authorities continue to view counterterrorism as a justification for unchecked power,” Ganguly said. She urged Sri Lanka’s international partners, including the EU, to press the government to honour its commitments and pursue genuine reform rather than reintroducing the PTA’s most damaging features in a new form.
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