TISL urges withdrawal of proposed anti-terror Bill

Transparency International Sri Lanka (TISL) has called on the Government to withdraw the proposed Protection of the State from Terrorism Bill 2026, warning that its provisions could threaten fundamental rights, weaken judicial independence and restrict democratic freedoms.

In a statement issued yesterday, TISL raised concerns over the Bill, gazetted on September 22, 2026, which seeks to replace the existing Prevention of Terrorism Act (PTA), citing its broad definition of terrorism, expanded executive powers, provisions for administrative detention and potential restrictions on civil liberties.

The organisation warned that the proposed definition of terrorism was sufficiently broad to cover activities involving damage to property, the environment, cultural property and electronic systems, potentially bringing offences ordinarily dealt with under criminal law within the scope of counter-terrorism legislation.

Such broad provisions could lead to disproportionate restrictions on freedom of expression and association, as well as legitimate civic activities, it said.

TISL also expressed concern over provisions granting the armed forces and Coast Guard extensive powers of arrest, search, seizure and questioning, warning that inadequate safeguards could create accountability gaps and increase the risk of arbitrary action.

The proposed detention framework was another major concern, with the organisation noting that the Bill would allow 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 the necessity of continued detention.

These provisions risk concentrating excessive authority in the executive while weakening judicial oversight, TISL warned.

The organisation further criticised provisions empowering the President to proscribe organisations, saying the absence of specified time limits and adequate safeguards could facilitate arbitrary restrictions on freedom of association and civic engagement.

While acknowledging the State’s responsibility to address legitimate national security threats, TISL stressed that counter-terrorism measures must comply with fundamental rights, due process and judicial independence.

It called on the Government to withdraw the proposed Bill and repeal the existing PTA without further delay.

Any replacement legislation, the organisation said, should clearly define the limits of executive authority, establish effective accountability mechanisms and provide adequate safeguards against arbitrary detention and the misuse of counter-terrorism powers.