The Centre for Policy Alternatives (CPA) notes with concern the publication of the Protection of the State from Terrorism Bill (PSTB – 2026) in the gazette on 22nd September 2026. A previous version (PSTB – 2025) of this Bill was made public in December 2025 and the Ministry of Justice and National integration, invited public comment within one month. CPA initially raised several concerns regarding the draft and the need for genuine consultation and thereafter provided more detailed analysis of the provisions, including making specific recommendations to the Ministry of Justice.
CPA notes with concern that the newly proposed PSTB – 2026 closely resembles in its overall structure, the PSTB – 2025, the Counter Terrorism Bill (from 2018) and Anti Terrorism Bill (from 2023 / 2024) with certain improvements to specific provisions. Furthermore, the PSTB – 2026 is deeply problematic as it seeks to build on the same problematic legal architecture of the Prevention of Terrorism Act (PTA). CPA thus calls on the government to withdraw PSTB – 2026 and immediately repeal the PTA, in line with its election manifesto, whilst it initiates a reform process that can respond to long standing problems with the PTA and address security concerns in a manner that is consistent with the values of a democratic society.
CPA reiterates its previously stated position that the PTA must be repealed unconditionally, not replaced by a law with similar sweeping powers. The PTA is overbroad, vague and contains several provisions which are inconsistent with Sri Lanka’s constitution. The call to repeal the PTA was not limited to making changes to a few obnoxious provisions, but was aimed at dismantling its oppressive architecture. As CPA has previously stated the PTA has been an instrument of repression ever since it was enacted and it facilitates torture and other abusive practices.
The PTA is a poor benchmark for a law that can balance the genuine security concerns of a democratic State with the rights and liberties of its citizens. Merely being better than the PTA does not make the PSTB – 2026 consistent with Sri Lanka’s constitutional guarantees and its international obligations that require counter-terrorism legislation to adhere strictly to principles of legality, necessity, proportionality and non-discrimination.
CPA notes, that the PSTB – 2026 perpetuates the same fundamental flaws of the PTA, albeit with some procedural safeguards added. CPA is concerned that;
- The definition of the offence of terrorism in PSTB – 2026, despite certain important modifications, remains overbroad. This is particularly problematic considering any person suspected of such an offence or aiding and abetting such an offence will be subject to a harsher legal regime than the usual law.
- The Bill perpetuates the practice of granting policing and law enforcement powers to the military without regard to the norm that military involvement in such law enforcement functions is only allowed in exceptional situations.
- The Bill allows for pre-trial detention of suspects by the executive (detention orders). Some procedural safeguards have been included; however, CPA’s position is that executive detention is completely inconsistent with separation of powers and is an alienation of the judicial power of the people.
- The Bill places significant restrictions on the freedom of expression and association.
- The Bill removes the PTA mechanism of admitting confessions made to the police in the same form. However, it retains a special evidentiary regime for statements provided by suspects to magistrates. The adequacy of the safeguards, particularly in circumstances where a suspect remains in executive detention, remains a concern.
These are only some of the key concerns with the overall Bill. The overboard definitions, detention by the executive and the arrogation of more powers to the executive, are shortcuts used to paper over the underlying problems within the Sri Lanka police. The militarisation and politicisation of the Sri Lanka Police over several decades created several structural problems including impairing the ability of the Police to effectively engage in complex investigations. Successive governments have failed to address these deep-rooted problems and instead sought to provide quick fixes which severely undermined the safety and security of citizens.
CPA regrets that the PSTB – 2026, is a perpetuation of this approach and does not address the deep-rooted problems with the PTA’s underlying architecture. This approach is counterproductive and is contrary to the President and the NPP government’s campaign pledge to repeal oppressive legislation, including the PTA.
CPA thus calls on the government to withdraw PSTB – 2026 and immediately repeal the PTA, whilst it initiates a reform process that can address long standing concerns and address security concerns in a manner that is consistent with the values of a democratic society.