TISL tells govt. to withdraw Protection of State from Terrorism Bill, citing its draconian provisions

Transparency International Sri Lanka (TISL) has urged the government to revoke the proposed Protection of the State from Terrorism Bill 2026, expressing fears that its clauses could infringe upon basic rights, diminish judicial independence and curtail democratic liberties. In a statement released yesterday, TISL highlighted concerns regarding the Bill, which was published on September 22, 2026, as a draft replacement for the current Prevention of Terrorism Act (PTA).

The organization pointed out the potentially overly broad definition of terrorism, which could encompass activities such as property damage, environmental harm, cultural property offenses, and electronic system violations, potentially folding various offenses under a counter-terrorism umbrella. The organisation cautioned that such expansive provisions could lead to significant limitations on freedom of speech, association, and legitimate civic actions.

TISL also voiced apprehension over provisions that would grant the military and Coast Guard broad arrest, search, seizure, and questioning powers, suggesting inadequate safeguards could create accountability voids and heighten arbitrary actions. The proposed detention provisions were a significant source of concern for TISL, who noted that the Bill would enable the Secretary of the Ministry of Defence to issue detention orders for up to two months, while restricting a Magistrate's capacity to independently evaluate continued detention necessity.

These measures, according to TISL, would concentrate excessive power in the executive and weaken judicial oversight. The organization further criticized provisions allowing the President to designate organizations, warning that without specified time frames and adequate safeguards, this could facilitate arbitrary interference with freedom of association and civic involvement.

While recognizing the State's obligation to tackle legitimate security threats, TISL emphasized that counter-terrorism measures must respect fundamental rights, due process, and judicial autonomy. TISL urged the Government to withdraw the proposed Bill and speedily repeal the existing PTA. The organization called for any future legislation to clearly define executive authority limits, institute robust accountability measures, and provide robust safeguards against arbitrary detention and misuse of counter-terrorism powers.