Transparency International Sri Lanka (TISL) has raised serious concerns over the proposed Protection of the State from Terrorism Bill, warning that several provisions could undermine fundamental rights, judicial independence and democratic freedoms.
In a statement, TISL expressed concern over the Bill, gazetted on September 22, 2026, which seeks to replace the existing Prevention of Terrorism Act (PTA).
The organisation highlighted concerns regarding the Bill’s broad definition of terrorism, expanded executive powers, administrative detention provisions and restrictions on fundamental freedoms.
TISL warned that the proposed definition of terrorism covers a wide range of activities, including damage to property, the environment, cultural property and electronic systems, potentially bringing offences that should be addressed under ordinary criminal law within the scope of terrorism legislation.
It further cautioned that the broad definitions could result in disproportionate restrictions on freedom of expression, association and legitimate civic activities.
The organisation also raised concerns over provisions granting the armed forces and Coast Guard extensive powers of arrest, search, seizure and questioning, warning that insufficient safeguards could create accountability gaps and increase the risk of arbitrary action.
Regarding detention provisions, TISL noted that the Bill allows the Secretary to the Ministry of Defence to issue detention orders for an initial period of two months, while limiting the Magistrate’s authority to independently assess the necessity of detention.
The organisation warned that these provisions could concentrate excessive powers within the executive while weakening judicial oversight.
TISL also expressed concern over provisions allowing the President to proscribe organisations, noting that the absence of specified time limits and adequate safeguards could lead to arbitrary restrictions on freedom of association and civic activities.
While acknowledging the State’s responsibility to address legitimate national security concerns, TISL stressed that counter-terrorism legislation must not undermine fundamental rights, due process or judicial independence.
TISL urged the Government to withdraw the proposed Protection of the State from Terrorism Bill 2026 and repeal the existing Prevention of Terrorism Act without further delay.
The organisation further called for any replacement legislation to establish clear limits on executive authority, effective accountability mechanisms and adequate safeguards against arbitrary detention and the misuse of counter-terrorism powers. (Newswire)
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