Colombo, Oct. 15 (Daily Mirror) - Transparency International Sri Lanka (TISL) has urged the Government to withdraw the proposed Protection of the State from Terrorism Bill 2026, warning that its broad provisions and expanded executive powers could threaten fundamental rights, judicial oversight, and civic freedoms.
In a statement responding to the Bill, gazetted on 22 September 2026 as a proposed replacement for the Prevention of Terrorism Act (PTA), TISL echoed concerns raised by human rights groups over the proposed definition of terrorism, military involvement in law enforcement, administrative detention and restrictions on freedom of association and expression.
While acknowledging the State's responsibility to address legitimate national security concerns, TISL stressed that counter-terrorism legislation must protect due process, judicial independence and the democratic space necessary for public participation and dissent.
TISL expressed concern that the Bill's definition of terrorism encompasses a wide range of acts involving damage to property, the environment, cultural property and electronic systems, as well as acts that create risks to public health.
According to the organisation, insufficiently stringent requirements concerning intentionality and the likelihood of serious harm could bring conduct more appropriately addressed under ordinary criminal law within the scope of terrorism offences.
TISL also warned that the broad definition could affect associated offences, including aiding and abetting and the dissemination of terrorist publications, potentially exposing legitimate expression, association and civic activities to disproportionate restrictions.
The organisation raised further concerns over provisions granting the armed forces and Coast Guard extensive powers of arrest, search, seizure and questioning.
TISL argued that allowing military personnel to exercise such law-enforcement powers without sufficiently clear safeguards, accountability arrangements and chains of command could increase the risk of arbitrary action and weaken protections for individuals.
The organisation called for effective mechanisms to ensure transparency, accountability and compliance with due-process requirements.
TISL also questioned the proposed administrative detention framework, under which detention orders could be issued by the Secretary to the Ministry of Defence for an initial period of two months.
According to the organisation, the Bill limits the Magistrate's ability to independently assess the need for detention and decide whether to remand or release an individual.
It also expressed concern that recommendations made by the proposed Review Committee could be rejected by the Minister, potentially concentrating excessive discretion within the executive branch.
The proposed presidential power to proscribe organisations was another major concern identified by TISL. The organisation warned that such orders could significantly affect an organisation's ability to operate, raise funds, hold meetings and conduct advocacy.
TISL argued that the absence of a specified time limit for proscription orders and limited safeguards governing their imposition could create risks of arbitrary restrictions on freedom of association.
The organisation also called for careful scrutiny of provisions relating to restriction orders, prohibited places and directions issued under the legislation, emphasising that such powers should be necessary, proportionate and subject to effective review.
TISL urged the Government to withdraw the Protection of the State from Terrorism Bill 2026 and repeal the Prevention of Terrorism Act without further delay.
The organisation called for any replacement legislation to establish clear limits on executive authority, effective accountability mechanisms and adequate safeguards against arbitrary detention and the abuse of counter-terrorism powers.