TISL calls for withdrawal of new anti-terror Bill

Friday, 16 October 2026 00:02 - - {{hitsCtrl.values.hits}}

Transparency International Sri Lanka (TISL) has called on the Government to withdraw the proposed Protection of the State from Terrorism Bill. The organisation warned that the Bill threatens fundamental rights, judicial independence and democratic freedoms.

The Bill, Gazetted on 22 September, 2026, seeks to replace the Prevention of Terrorism Act (PTA). TISL also urged the Government to repeal the PTA without further delay.

TISL said the Bill defines terrorism so broadly that it extends to damage to property, the environment, cultural property and electronic systems. This risks bringing offences better dealt with under ordinary criminal law within the scope of counter-terrorism legislation. Such sweeping definitions could also lead to disproportionate restrictions on freedom of expression and association, and on legitimate civic activity, it said.

The organisation also flagged provisions granting the armed forces and the Coast Guard extensive powers of arrest, search, seizure and questioning. Without adequate safeguards, it said, these powers could create accountability gaps and raise the risk of arbitrary action.

On detention, 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 a Magistrate’s ability to independently assess whether detention is necessary. It warned that this would concentrate excessive power in the executive and weaken judicial oversight.

TISL raised similar concerns over provisions allowing the President to proscribe organisations without specified time limits or adequate safeguards. It said this could lead to arbitrary restrictions on freedom of association and civic activity.

While acknowledging the State’s responsibility to address legitimate national security concerns, TISL said counter-terrorism legislation must not undermine fundamental rights, due process or judicial independence. It called for any replacement law to set clear limits on executive authority, establish effective accountability mechanisms and include adequate safeguards against arbitrary detention and the misuse of counter-terrorism powers.