The death of his two-year-old daughter in the 2019 Easter Sunday bombings remains a defining memory for Ganesan, a 46-year-old resident of Batticaloa in eastern Sri Lanka. She was among the 270 people killed in a series of coordinated attacks on churches and hotels that marked the deadliest violence in the nation since the civil war ended in 2009. While Ganesan supports the need for strong legal frameworks to prevent such tragedies, he remains skeptical of the government’s latest legislative efforts.
The administration of President Anura Kumara Dissanayake and his National People's Power faction has introduced the Protection of the State from Terrorism Act, or PSTA, to replace the Prevention of Terrorism Act. The existing PTA has long faced criticism for enabling arbitrary detention and the torture of detainees. The new government contends that a robust replacement is necessary to address the complex and evolving activities of extremist groups both locally and internationally.
Despite the government's rationale, human rights organizations have voiced sharp criticism of the draft bill. Activists argue that the proposed changes do not offer significant improvements over the old law. They point to an overly broad definition of terrorism, insufficient judicial oversight, and extensive powers granted to law enforcement agencies, all of which they believe leave limited safeguards against official abuse.
Under the current draft, security forces are permitted to stop, search, and question individuals based on reasonable suspicion. They may also enter premises and seize items believed to be linked to offenses under the act. Visakesa Chandrasekaram, a film director and human rights lawyer, described the definition of terrorism in the bill as highly problematic and unclear. He warned that this lack of clarity could lead to violations of fundamental rights.
Chandrasekaram further noted that the bill grants police powers to the military, an institution he argues is not adequately trained to investigate criminal offenses or protect the rights of those under investigation. This shift, he cautioned, risks the militarization of the law enforcement process. Dhanushka Silva, another lawyer, echoed these concerns, stating that the PSTA is essentially a replica of the PTA despite the government's 2024 election pledge to repeal the older act.
Silva highlighted specific provisions that could impact democratic freedoms, particularly regarding digital expression. Section 9 of the PSTA allows for the scrutiny of social media posts and statements if they are deemed related to terrorism offenses. Individuals sharing such content could face up to 15 years of rigorous imprisonment. Silva described this provision as a significant blow to freedom of speech in a democratic society.
International bodies have also weighed in on the legislation. The Office of the United Nations High Commissioner for Human Rights urged the government to ensure the bill aligns with international human rights law. While acknowledging some improvements over previous drafts, the UN body noted that the PSTA reproduces shortcomings found in older counter-terrorism bills and should include stronger safeguards against torture and enforced disappearance.
Government spokesperson Nalinda Jayatissa rejected allegations that the new law compromises civil liberties and press freedom. However, the legislation carries significant economic implications. The European Union has urged Sri Lanka to uphold its human rights obligations to retain its Generalized Scheme of Preferences Plus status, which provides preferential market access. Failure to meet these requirements could lead to the suspension of these benefits and trigger substantial economic penalties.
Domestically, the bill has faced procedural challenges. During a parliamentary debate on November 12, Speaker Jagath Wickramaratne noted that certain provisions were inconsistent with the constitution. The Supreme Court has also reviewed the legislation, outlining several necessary amendments before Parliament can pass the measure. As of now, Parliament has not yet set a date for a final vote.
The outcome of this legislative process will be closely watched as it may determine whether Sri Lanka can balance its counter-terrorism needs with its commitments to human rights and economic stability.
