Proposed Bill to Protect the State from Terrorism Retains Elements of Previous Laws: UN Human Rights Office
30-Oct-2026.
The Office of the United Nations High Commissioner for Human Rights (OHCHR) has expressed serious concern that several shortcomings found in the Prevention of Terrorism Act (PTA) and other anti-terrorism laws proposed in the past to replace it have also been incorporated into the Government's newly proposed Protection of the State from Terrorism Bill.
The UN human rights office has urged the Sri Lankan Government to conduct a comprehensive review of the Bill in consultation with a broad range of stakeholders before it is passed by Parliament.
The following observations were made in a statement issued by OHCHR regarding the Protection of the State from Terrorism Bill, which was gazetted and presented to Parliament as a replacement for the Prevention of Terrorism Act, following a directive from Minister of Justice and National Integration Harshana Nanayakkara.
Compared with the earlier draft submitted by the Government, the current proposed Bill incorporates significant improvements. Nevertheless, it remains a matter of serious concern that the Bill retains many of the shortcomings found in the existing Prevention of Terrorism Act and in other anti-terrorism legislation previously proposed as its replacement.
In particular, serious concerns arise from the broad and insufficiently clear definition of terrorist offences; restrictions that could affect freedom of expression and other civil activities; administrative detention; inadequate judicial oversight; extensive powers of arrest and search; excessive discretionary powers vested in the executive; insufficient safeguards against torture and ill-treatment; and deficiencies relating to fair trials and effective remedies.
Terrorism and related offences must be defined clearly, narrowly and in accordance with legal standards.
Similarly, any anti-terrorism law must contain adequate safeguards to protect freedom of expression, peaceful assembly, association, freedom of religion and belief, and the right to participate in public events. Any restrictions imposed must also comply with legal standards and be reasonable.
The UN human rights office further expressed serious concern that administrative detention continued to play a significant role in the proposed Bill.
Any measure that affects civil liberties must be subject to prompt and effective judicial supervision and review.
It also noted that the proposed legislation grants extensive powers to the armed forces and the Coast Guard to carry out arrests, searches and seizures without judicial authorisation.
Such actions without court approval should be permitted only for short periods in urgent and exceptional circumstances.
Against this background, the UN human rights office encouraged the Sri Lankan Government to undertake a review of the Bill before its enactment, in consultation with a broad range of stakeholders, including civil society organisations, independent institutions and legal experts.
It also made the following recommendations:
Narrowly and clearly define terrorism and related offences.
Ensure independent judicial oversight of arrests and detention.
Strengthen safeguards against torture, ill-treatment and enforced disappearances.
Reinforce guarantees of due process and fair trials.
Make judicial authorisation mandatory for searches and seizures.
Ensure that the police remain the primary law enforcement authority in civilian affairs.
These recommendations were included in the statement issued by the UN human rights office.
