Human Rights Watch has raised concerns over Sri Lanka’s proposed counterterrorism legislation, warning that it mirrors many of the abusive provisions of the existing Prevention of Terrorism Act (PTA) and risks enabling similar rights violations. The bill, officially titled the Protection of the State from Terrorism Act (PSTA), was published by the Ministry of Justice in December 2025 and is intended to replace the PTA, which has facilitated decades of arbitrary detention and torture. Despite commitments made to the European Union in 2017 to enact rights-respecting legislation in order to qualify for GSP+ trade benefits, the proposed law falls short of meeting these pledges and the human rights standards outlined by UN counterterrorism experts.
The draft law includes broad and vague definitions of terrorism that could criminalize legitimate political activism and freedom of expression. Acts such as “intimidating the public” or “compelling the government to act” are included, along with property damage, robbery, and extortion. The law also criminalizes publishing or distributing materials that could be interpreted as encouraging terrorism, creating legal uncertainty for ordinary citizens about what constitutes a “terrorist publication.”
Extraordinary powers of arrest and detention under the bill mirror those in the PTA. Suspects could be held without charge by a magistrate for up to one year, with additional detention orders issued by the secretary of defence potentially extending confinement for a total of two years. Armed forces are empowered to stop, search, arrest, and seize property without warrants based on “reasonable suspicion,” despite a documented history of torture and ill-treatment by the military and its lack of law enforcement training.
Although the bill includes some safeguards, such as magistrate and medical oversight of detainees, Human Rights Watch notes these are unlikely to be effectively implemented due to capacity constraints and inconsistent enforcement. Provisions allowing the attorney general to defer prosecution conditional on confessions or custodial “rehabilitation” programs raise concerns about coerced admissions and punishment without trial. Previous rehabilitation programs for alleged terrorists and drug users in Sri Lanka have been associated with torture.
The legislation also grants the president sweeping powers to proscribe organizations, declare curfews, and designate “prohibited places” where photographing or recording can result in imprisonment. Police may also seek magistrate orders to restrict individuals’ movement and activities. Human rights observers argue that these powers are broad, poorly safeguarded, and could be misused to suppress dissent rather than address genuine threats of terrorism.
Human Rights Watch emphasized that the proposed law demonstrates a continued preference by Sri Lankan authorities for repressive counterterrorism measures. They urged the government to impose a moratorium on the PTA and draft genuinely human rights-compliant legislation through inclusive public consultations. International partners, including the European Union, are encouraged to pressure Sri Lanka to honor its commitments to abolish the PTA instead of repackaging its abusive provisions in new legislation.
