Human Rights Watch has condemned Sri Lanka’s proposed counterterrorism legislation, warning that the draft law mirrors many of the abusive elements of the country’s long-standing Prevention of Terrorism Act (PTA) and could enable the same pattern of rights violations. The organisation said the new bill, titled the Protection of the State from Terrorism Act (PSTA), falls short of meeting United Nations benchmarks and violates commitments Sri Lanka made to the European Union to secure trade benefits under the Generalized System of Preferences Plus (GSP+).
The PSTA, published by the Ministry of Justice in December 2025, is intended to replace the PTA, a law introduced in 1979 that has been widely criticised for facilitating arbitrary detention, torture, and other human rights abuses. Sri Lanka had pledged in 2017 to repeal the PTA and replace it with human rights-compliant legislation as a condition for the EU to reinstate GSP+. Despite this promise, successive governments have failed to deliver on the commitment.
Human Rights Watch highlighted that the new draft contains several provisions similar to those previously proposed in 2018 and 2023, which were dropped amid criticism over their rights implications. Although the current government sought input from experts and civil society, it did not incorporate key recommendations. The organisation called on the government to impose an immediate moratorium on the PTA and to draft genuinely rights-respecting legislation through inclusive public consultations.
Meenakshi Ganguly, deputy Asia director at Human Rights Watch, said the proposed bill “includes numerous provisions that would allow the authorities to commit the same abuses” seen under the PTA. She urged the government to abandon the draft and develop a new law that protects civil liberties rather than undermining them.
Sri Lanka’s counterterrorism laws have historically been used to target minority communities, including Tamils and Muslims, as well as perceived opponents of the government, including human rights defenders. Human Rights Watch noted that abuses have continued under the current administration, with authorities detaining two young Muslim men for months in 2025 for criticizing Israel before releasing them without charge. The government reported 49 arrests under the PTA in the first five months of 2025, compared with 38 in all of 2024, with many cases involving organized crime rather than terrorism.
The UN Office of the High Commissioner for Human Rights has documented repeated harassment of civil society, including the Terrorism Investigation Division summoning activists and questioning them about participation in demonstrations. In August 2025, police investigated a journalist for terrorism after reporting on a mass grave allegedly containing victims executed during the civil war.
UN human rights experts have repeatedly found that Sri Lanka’s counterterrorism law violates international treaties, including the International Covenant on Civil and Political Rights, the Convention against Torture, and the International Convention for the Protection of All Persons from Enforced Disappearance. In 2021, experts outlined five prerequisites for a compliant counterterror law, including a clear definition of terrorism, protections against arbitrary detention, and strict safeguards against torture. Human Rights Watch said the new draft fails to meet any of these standards.
The bill’s definition of terrorism is broad and vague, covering acts that may include peaceful political activism or criticism of government policies. It criminalises actions such as “intimidating the public” or “compelling the government” to act, and includes offenses such as robbery and theft under the umbrella of terrorism. The draft also expands restrictions on speech by criminalising publications deemed to encourage terrorism, without clear guidance on what constitutes a “terrorist publication.”
The proposed law also retains extraordinary arrest and detention powers. Suspects could be remanded without charge for up to one year by a magistrate, with an additional year possible through a detention order issued by the defence secretary. A magistrate would have no authority to release detainees held under such orders, potentially allowing up to two years of detention without charge.
The bill empowers armed forces personnel to arrest and search suspects without warrants based on “reasonable suspicion,” raising alarm because of the military’s history of torture and ill-treatment. While the draft includes safeguards such as welfare checks by magistrates and medical officers, Human Rights Watch noted that similar measures under the PTA have not been consistently enforced.
Other provisions grant the president broad powers to proscribe organisations and impose curfews, while the defence secretary can designate “prohibited places” where photographing or filming can lead to prison terms. The bill also allows the attorney general to defer prosecution if suspects accept guilt and undergo “rehabilitation,” a mechanism critics say could enable coerced confessions and punishment without trial.
Human Rights Watch urged international partners, including the EU, to press President Anura Kumara Dissanayake to fulfil his election promise to abolish the PTA rather than repackaging its most harmful features in new legislation. The organisation said the draft law demonstrates that Sri Lankan authorities continue to rely on counterterrorism powers as a tool for repression rather than genuine security.
