Sri Lanka Counterterrorism Law: Threats of Increased Abuses

Sri Lanka counterterrorism law proposals have triggered serious concern among human rights organisations, as new legislation threatens to replicate the same abusive powers found in earlier security laws. Human Rights Watch warns that the proposed Protection of the State from Terrorism Act does not meet international human rights standards and risks entrenching repression rather than ending it. Introduced by the Ministry of Justice in December 2025, the bill is intended to replace the Prevention of Terrorism Act, a law long associated with arbitrary detention, torture, and intimidation of minorities, journalists, and civil society actors. Commitments made by successive governments to abolish the PTA formed a key condition for Sri Lanka’s continued access to European Union trade benefits under the GSP+ framework, yet meaningful reform remains unfulfilled. Continuity Of Repressive Powers Under A New Legal Framework Promises to dismantle oppressive legislation featured prominently in President Anura Kumara Dissanayake’s 2024 election manifesto. Despite these assurances, proposed provisions closely mirror earlier draft laws from 2018 and 2023 that were abandoned after public backlash. Meenakshi Ganguly, Deputy Asia Director at Human Rights Watch , emphasized that replacing the PTA with legislation containing similar powers risks prolonging a legacy of abuse rather than ending it. Calls for inclusive consultations with civil society and legal experts have so far failed to influence the substance of the draft. Broad Terrorism Definitions And Expanded Detention Authority Vague and overly broad definitions of terrorism form one of the most alarming aspects of the bill. Acts described as “intimidating the public” or “compelling the government” could encompass legitimate protest, journalism, or political dissent. Property damage, theft, or extortion could also be classified as terrorism, creating a chilling effect on free expression. Detention powers remain expansive. Suspects may be held without charge for up to one year, followed by an additional year under a detention order issued by the Secretary of Defence without judicial oversight. Armed forces personnel would gain authority to stop, search, and arrest individuals based on “reasonable suspicion”, raising concerns given the military’s documented history of abuse. Counterterrorism laws in Sri Lanka have disproportionately affected Tamils, Muslims, and political critics. Arrest data shows a sharp increase in detentions under the PTA in 2025, with many cases unrelated to terrorism. Investigations targeting journalists and human rights defenders further illustrate how national security laws are used as tools of intimidation. United Nations experts have repeatedly stated that Sri Lanka’s counterterrorism framework violates obligations under international treaties, including protections against torture, enforced disappearance, and arbitrary detention. Five minimum safeguards outlined by UN counterterrorism experts remain absent from the current proposal. International Accountability and Trade Implications Failure to reform counterterrorism legislation places Sri Lanka at risk of breaching commitments tied to EU trade privileges. International partners, including the European Union, hold significant leverage in pressing for genuine legal reform. Continued tolerance of abusive legislation undermines both democratic governance and economic stability. Human Rights Watch urges Sri Lankan authorities to fully repeal the PTA and develop rights-respecting counterterrorism laws through transparent and inclusive processes. Without such reforms, cycles of abuse and impunity are likely to persist. Key Takeaways Proposed counterterrorism law mirrors repressive provisions of the Prevention of Terrorism Act Broad terrorism definitions threaten free expression and political activism. Expanded detention powers allow prolonged imprisonment without judicial oversight Armed forces would gain arrest authority despite a history of documented abuses. Minorities, journalists, and civil society face heightened risk of intimidation. Failure to reform endangers Sri Lanka’s international human rights commitments and EU trade benefits

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