Human Rights Watch has criticised Sri Lanka’s proposed Protection of the State from Terrorism Act, stating that HRW Sri Lanka terrorism law provisions mirror the abusive Prevention of Terrorism Act it seeks to replace.
HRW Sri Lanka terrorism law critique highlights persistent risks
Human Rights Watch (HRW) issued a statement on 18 January 2026 warning that Sri Lanka’s proposed Protection of the State from Terrorism Act (PSTA) risks facilitating the same repression as the current Prevention of Terrorism Act (PTA). The PSTA, published by the Ministry of Justice in December 2025, aims to replace the PTA, enacted in 1979.
The PTA has long enabled arbitrary detention, torture, and other violations, particularly against Tamils, Muslims, and perceived political opponents. Successive governments committed to reforming or repealing it, including under international pressure. President Anura Kumara Dissanayake pledged in his 2024 election manifesto to abolish oppressive acts, including the PTA, and ensure civil rights.
HRW stated the proposed law falls short of these commitments. It includes broad and vague definitions of terrorism, such as acts “intimidating the public or any section of the public” or compelling the government to act or abstain. Such definitions encompass non-violent political activism.
Key provisions in Sri Lanka proposed terrorism act raise concerns
The Protection of the State from Terrorism Act allows suspects to be remanded without charge for up to one year, with possible extension to two years via detention orders from the defence secretary. Magistrates lack power to release detainees in such cases.
Armed forces gain powers to stop, search, arrest, enter premises, and seize items without warrants on reasonable suspicion. Provisions criminalise publishing or distributing material intended to encourage terrorism, creating uncertainty over what qualifies as terrorist publication.
The attorney general may defer or suspend prosecution if suspects accept guilt and undergo rehabilitation, potentially leading to coerced confessions without trial. The president can proscribe organisations and declare curfews, while the defence secretary designates prohibited places where photography or video carries up to three years’ imprisonment.
HRW noted that while anti-torture provisions exist, implementation remains inconsistent due to capacity issues and non-notification to the Human Rights Commission of Sri Lanka.
Sri Lanka PTA replacement fails international standards
The proposed legislation does not meet benchmarks from the United Nations counterterrorism expert, including precise terrorism definitions, prevention of arbitrary detention, torture prohibition, and due process guarantees. It also risks non-compliance with human rights obligations and commitments to the European Union under the Generalized System of Preferences (GSP+).
HRW reported ongoing PTA misuse, with 49 arrests in the first five months of 2025 compared to 38 in all of 2024, often for organised crime rather than terrorism. UN reports highlight systemic violations under the PTA.
Meenakshi Ganguly, deputy Asia director at Human Rights Watch, said: “Ridding Sri Lanka of its abusive Prevention of Terrorism Act is long overdue, but this proposed law includes numerous provisions that would allow the authorities to commit the same abuses.”
She added: “The government should impose an immediate moratorium on the existing law, and prepare rights-respecting legislation through inclusive public consultations.”
Ganguly further stated: “The proposed law shows that Sri Lankan authorities still cling to the idea that counterterrorism legislation can be used to create sweeping and repressive powers that have little to do with combatting terrorism. The EU and other international partners should urge President Dissanayake to stick to his commitments to abolish the PTA instead of repackaging its disastrous provisions in a new law.”
Background on counterterrorism legislation in Sri Lanka
The PTA originated as a temporary measure during conflict but persisted for decades. Past attempts to replace it, such as drafts in 2018 and 2023, faced criticism and were withdrawn or not enacted. The current proposal follows public calls for input, but HRW indicated that previous expert and civil society recommendations were not fully incorporated.
Abuses under the PTA have targeted minorities and dissenters, contributing to calls for reform from UN bodies and rights groups.
What’s Next for HRW Sri Lanka terrorism law concerns
The government has invited public comments on the draft. HRW urged an immediate moratorium on the PTA and inclusive consultations for rights-respecting legislation. International partners, including the EU, may press for alignment with human rights standards to maintain trade benefits.
The outcome of consultations and potential parliamentary debate will determine whether the Protection of the State from Terrorism Act addresses longstanding abuses or perpetuates them under HRW Sri Lanka terrorism law scrutiny.
Published in SouthAsianDesk, January 20th, 2026
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