CPA Statement on cautioning against the Extension of the Declaration of Emergency and Emergency Regulations Promulgated 28 May 2026, by virtue of Extra-Ordinary Gazette No.2490/06. on the No. 2490/06

22 June 2026

The Centre for Policy Alternatives is deeply concerned by the continued extension of the State of Emergency in Sri Lanka, and particularly calls upon the President, His Excellency Anura Kumara Dissanayake, to refrain from extending the state of emergency, and Parliament to reject any further extension of the State of Emergency and instead uphold the democratic principles and fundamental rights articulated in the constitution which are essential to society. President Anura Kumara Dissanayake by virtue of extraordinary gazette 2490/06 continued to renew the declaration of a state of emergency for yet another month, with effect from 28 May 2026. This declaration was henceforth endorsed by a parliamentary majority on 09 June 2026. The said State of Emergency declared by the President by virtue of the Public Security Ordinance, is due to lapse on 26 June 2026. The government should ensure that any security and disaster risk management measures are grounded in ordinary law, which will demonstrate the government’s commitment to its constitutional and human rights obligations.

CPA raised serious concerns about the declaration of emergency in November 2025 to deal with impact of cyclone Ditwah. As we noted in in December 2025, the declaration and the specific emergency regulations issued had no connection to the natural disaster. Subsequently, CPA challenged specific emergency regulations in the Supreme Court, after which the government made several amendments to the regulations. CPA takes note that the Prime Minister Hon. Harini Amarasuriya, stated in Parliament that the State of Emergency was being extended in May, due to consideration of the conflict in the Middle East and its impact on supplies. It is unfortunate that successive governments have resorted to the use of emergency power in different contexts on numerous occasions. However, CPA has continuously maintained that emergency powers are extraordinary measures that should be a last resort, declared only when strictly necessary in a manner that is proportionate and for limited time duration.

The current practice of continued monthly extension which has received parliamentary approval, the latest of which was in June 2026, risks undermining democratic governance, rule of law and the fundamental rights of the people, due to the vast and unfettered powers vested in the hands of the Executive, which can even override existing laws. Extending such measures risks undermining civil liberties, weakening public trust, and concentrating power without adequate oversight. More than six months since the initial impact of cyclone Ditwah the government continues to extend the state of emergency without providing any clear and reasonable explanation as to why such extra ordinary measures are needed. Defaulting to emergency rule undermines the legitimacy of government institutions and erodes their capacity to predict and respond to natural disasters in a timely manner, as their role is diminished by emergency measures overriding what they are mandated to deliver.

CPA reiterates its call for the utilisation of existing institutions and laws in the government’s continuing response towards rebuilding post the cyclone and distribution of supplies as a result of the conflict in the Middle East, if needed visit the option of enacting new laws in a transparent and inclusive manner. At present Sri Lanka has in place ordinary laws such as the Disaster Management Act No. 13 of 2005 which provide for addressing specific needs and humanitarian concerns in times of disaster, including floods, landslides, cyclones and other hazards. It provides for the legal basis for a Disaster Risk Management in the country, through the National Council for Disaster Management, a high-level oversight body, which provides direction to Disaster Risk Management work in the country. CPA notes that this law was enacted post the tsunami of 2004 with the objective of having a law and institution to prepare for natural disasters and it is incumbent for the government to implement and strengthen existing laws and structures than persist with a state of emergency that undermines democratic processes and contradicts many of the promises made in 2024 premised on political accountability, transparency, rebuilding trust in public institutions and a system change.

CPA stresses that restrictions of rights, must meet the principles of necessity, legality and proportionality, and should not extend beyond what is required to address a clearly identified and verified imminent threat, and should be time bound to meet a specific purpose.

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CPA Statement on Reports of a Constitutional Amendment to Extend the Term of Office of the Chief Justice

Colombo, 15 June 2026

The Centre for Policy Alternatives (CPA) is deeply concerned by recent reports concerning purported proposals by the NPP Government to amend the Constitution, which raise profound questions about the integrity of Sri Lanka’s constitutional order, including the independence of the judiciary and the proper use of constitutional amendment powers.

In a report by its News Editor (Sinhala version published on 10 June 2026, followed by an English version on 11 June), entitled “The Recurring Drama of Constitutional Amendments for Personal Gain,” the Anidda newspaper states:

“President Anura Kumara Dissanayake’s government is reportedly planning to introduce a constitutional amendment to extend the retirement age of superior court judges. This amendment is expected to allow the current Chief Justice Preethi Padman Surasena to remain in office for another two years. If passed, it would become the 22nd Amendment to the 1978 Constitution. The proposal has already drawn strong opposition from lawyers concerned about judicial independence and constitutional traditions.”

CPA notes that the Bar Association of Sri Lanka (BASL) has already rightly decried this move in strong and unambiguous terms. We share and endorse these concerns.

A constitutional amendment that alters a core institutional feature of the judiciary, particularly one designed to affect tenure, is not a neutral or technical adjustment. Security of tenure is a central pillar of judicial independence in our common law tradition, originating in principles established in key cases such as the Case of Prohibitions del Roy (1607), Dr Bonham’s Case (1610), Case of Proclamations (1611), Bushell’s Case (1670), and Entick v Carrington (1765), and subsequently enshrined in statute and constitutional instruments, including in Sri Lanka since the Charter of Justice (1801). In numerous cases, including Attorney General v Silva (1953), Liyanage v The Queen (1967), Joseph Perera v Attorney General (1992), Premachandra v Jayawickrema (1994), Chandrasoma v Senathirajah (1997), and various special determinations on constitutional amendment bills, our courts have consistently reaffirmed the main principle of judicial independence and impartiality, and its several supplementary principles, such as security of tenure.       

These constitutional principles, which work not merely to restrain the dismissal of judges who displease the executive but also to extensions in office of judges who do the bidding of the executive, ensure that judges are insulated from political pressure and can decide cases impartially, without fear of reward or sanction. When the tenure of a sitting Chief Justice is extended through a constitutional amendment tailored to benefit specific individuals in office or their policy for the time being (in this case the incumbent President and Chief Justice), it inevitably gives rise to the perception – and risk – of executive influence over the judiciary. It suggests that continuance in office may depend on political favour rather than constitutional principle, thereby undermining public confidence in judicial impartiality.

Moreover, such an amendment would fundamentally alter the established understanding that constitutional provisions governing judicial tenure are general, prospective, and impersonal. Departing from this norm to enact a measure that benefits an incumbent office-holder transforms a constitutional mechanism into an instrument of personalisation. This damages not only the independence of the individual office but also the integrity of the institution as a whole.

CPA is also deeply concerned by the use of the executive presidency and its parliamentary majority to effect such a change. While the Constitution provides procedures for amendment, these procedures are not intended to be used as tools for advancing narrow or personalised objectives. Constitutional amendment powers are entrusted to the political branches for the purpose of responding to genuine institutional or societal needs, and must be exercised in good faith and in accordance with the spirit of constitutionalism. The use of these powers to secure the extension of tenure of a particular office-holder constitutes an illegitimate use of constitutional authority. It represents a distortion of the amendment process, undermining its normative legitimacy and eroding constitutional culture.

Such a measure would also be wholly inconsistent with Commonwealth principles on judicial independence, to which Sri Lanka, as a founding member of the modern Commonwealth in 1949, has repeatedly committed itself. Foundational Commonwealth instruments – including the Latimer House Principles (2003) – affirm that judicial appointments, tenure, and removal must be governed by transparent, principled processes that safeguard independence and avoid both actual and perceived political interference. The Latimer House Principles emphasise that security of tenure must be preserved and that any changes to judicial conditions of service must not be made in a way that compromises judicial independence or benefits particular individuals. These principles are widely affirmed in case law from across the Commonwealth and across time, including McCawley v The King (1920), Hinds v The Queen (1977), Valente v The Queen (1985), Re The Remuneration of Judges (1997), and Mackin v New Brunswick (2002).

The reported proposal would also damage the institutional fabric of the Supreme Court, the oldest continuously functioning branch of the Sri Lankan state, whose origins date back to the aforementioned Charter of Justice (1801), and continued without interruption in subsequent imperial as well as post-colonial constitutional instruments. Over more than two centuries, as a result, the Sri Lankan people have become accustomed to seeing the courts as their principal institutional guardian of the rule of law and constitutional government. Measures that introduce uncertainty, politicisation, or personalised considerations into the tenure of its leadership risk undermining its authority, legitimacy, and historical continuity.

Both the process and the substance of the reported amendment are deeply violative of the republican values on which the 1978 Constitution is based. The republican principle underpinning our constitutional order requires public power to be exercised in trust for the common good of the people of Sri Lanka, in accordance with law, and without arbitrariness or personalisation. It demands institutional integrity, the separation of powers in terms established by Article 3 and 4, and checks against the concentration or abuse of authority. Executive-driven manipulation of constitutional amendment procedures, particularly for the purpose of influencing the tenure of the head of the judiciary, is fundamentally inconsistent with these values. Equally, any interference – direct or indirect – with judicial independence strikes at the heart of the republican ideal of a government of laws, not of persons.

Indeed, the effects of a constitutional amendment in terms currently contemplated could have wider and unintended ramifications beyond the judiciary. In a recent essay for the Jaffna Monitor, Professor G.L. Peiris has argued that the stability and independence of the public service as well as the principle of equality and non-discrimination may be adversely affected by this proposed change.  

It was precisely because Sri Lankans were fed up with the unconstitutional and self-aggrandising behaviour of past Presidents and Governments that Anura Kumara Dissanayake and the NPP were elected to implement the Aragalaya’s call for “system change” and restore good governance in 2024. To witness this Government also – so soon and so effortlessly – going down the path-dependent patterns of previous governments is therefore a particularly appalling example of hypocrisy.

In the light of these extremely serious concerns, CPA calls upon the Government to immediately desist from pursuing any constitutional amendment aimed at extending the term of office of the incumbent Chief Justice. We urge the Government to reaffirm its commitment to judicial independence and impartiality, constitutional propriety, and the rule of law. We also call upon all Members of Parliament, the legal community, civil society, the media, and the public at large to remain vigilant and to oppose any measures that threaten the integrity of Sri Lanka’s constitutional order. The preservation of judicial independence and constitutional government is not a matter of political convenience, but a foundational obligation owed to the people of Sri Lanka and to future generations, and we cannot allow it to be harmed by the ineptitude and ignorance, if not the arrogance and ill will, of those in power.

CPA Statement on the Death of Dr. Devanesan Nesiah

The Centre for Policy Alternatives is deeply saddened by the death of Dr. Devanesan Nesiah and extends its deepest condolences to his family. Dr. Nesiah had a distingushed career as a public servant in the Ceylon Civil Servince with numerous stints in key administrative positions including as the Government Agent in Jaffna. He went on to serve in a number of state initiatives appointed to address human rights violations, the ethnic conflict and reconciliation, including heading the Committee on Disappearances in the Jaffna Region appointed by the Human Rights Commission of Sri Lanka in 2003.

Dr. Nesiah joined CPA as a Consultant in 2004 playing a key role during the last stages of the war in documenting human rights violations and the humanitarian crisis unfolding in the North and East of the country, raising critical questions on the need for a permanent solution to the war, for peace, reconciliation and justice. Dr. Nesiah was deeply committed to pluralism, the rule of law, and human rights; values which CPA has long advocated for and his vast experience enriched much of CPA’s research and advocacy during the war and immediate post war period.

His unflinching belief towards constitutional democracy was evident when he returned his Deshamanya award, marking his principled opposition to then President Maithripala Sirisena’s constitutional coup in 2018. Through this symbolic move, Dr. Nesiah showed the government and his fellow citizens of the importance of challenging injustices and authoritarian practices that erode our democracy.

We remember a man who was an optimist at heart and believed in a Sri Lanka that could aspire to be just and fair to all its citizens. His wry sense of humour, the twinkle in his eye and boundless energy constantly reminded us of the work that needs to be done and the many miles we need to walk. Rest in peace, Dr Nesiah.

CPA Statement on the Government’s Retreat from its Commitment to Abolish the Executive Presidency

Colombo, 4 June 2026:

The Centre for Policy Alternatives (CPA) expresses deep concern at recent indications by the National People’s Power (NPP) Government that the long-promised abolition of Sri Lanka’s executive presidential system is no longer considered a priority.

In a Daily Mirror report by Kelum Bandara of 1 June 2026, an unnamed “senior government source” is cited as saying “The introduction of a new Constitution including the abolishing of the Executive Presidency is not a priority for the government at the moment though it was an election promise.” The report also quotes Chandana Abayaratne, the Minister for Public Administration, Local Government and Provincial Councils Minister, as stating, “It is one of our electoral promises. Yet, we cannot prioritise it at the moment.”

This position marks a troubling departure from a clear and prominent manifesto commitment, and raises fundamental questions about democratic accountability, constitutional reform, and the integrity of electoral mandates.

The pledge to abolish the executive presidency was not a marginal or incidental promise. It was a central plank of the NPP’s political programme, reflecting a widely shared recognition across Sri Lankan society that the overcentralisation of power in a single office has not only historically contributed to democratic erosion, weakened institutional checks and balances, and facilitated abuses of authority, but that it was a core cause of the national insolvency crisis in 2022. This was encapsulated in the Aragalaya slogan of “system change.” Successive political movements, including the NPP after the Aragalaya, have rightly identified the repeal and replacement of the 1978 Constitution as essential to restoring public trust and strengthening governance.

From the standpoint of democratic theory and practice, the NPP’s current position is entirely untenable. Manifesto commitments serve as a critical mechanism of democratic choice and accountability. Voters rely on these commitments to make informed decisions, and governments derive legitimacy in part from their willingness to implement them. The NPP won both the presidency and an overwhelming parliamentary majority in the 2024 elections on the basis of a manifesto promising abolition of the executive presidency. Reneging on such a fundamental pledge without a compelling explanation undermines the relationship of trust between citizens and the Government.

While CPA recognises that governments operate under real constraints, including economic pressures, these factors cannot be used selectively to sideline commitments of such structural importance. Indeed, international and comparative evidence from functioning democracies demonstrates that governments routinely prioritise and implement core and high-salience promises even in difficult circumstances. The abolition of the executive presidency clearly falls into this category. To relegate it to a non-priority suggests not constraint, but a lack of political will, and a cavalier attitude bordering on contempt for the Sri Lankan electorate.

Moreover, the Government’s position risks perpetuating a pattern that has long weakened Sri Lankan democracy: the instrumental use of constitutional reform as an electoral promise, followed by post-election retreat. This cycle contributes to public disillusionment and reinforces perceptions that manifestos are merely signalling devices rather than genuine programmes for governance. Such an outcome is particularly damaging at a time when rebuilding confidence in political institutions is urgently needed.

It is also important to note that constitutional reform, by its nature, requires sustained political leadership and early prioritisation. Delaying action on the abolition of the executive presidency increases the likelihood that it will be indefinitely postponed, especially as short-term governance challenges crowd the policy agenda. The Government’s current stance therefore not only delays reform but may effectively foreclose it.

CPA therefore urges the NPP Government to:

  1. Reaffirm its commitment to the abolition of the executive presidency as a matter of priority, ideally in a statement by the President or the Prime Minister to the House;
  2. Provide a clear and time-bound roadmap for constitutional reform within the life of this Parliament;
  3. Engage in transparent and inclusive consultations with political parties, civil society, and the public; and
  4. Demonstrate, through concrete action, its commitment to democratic accountability and institutional reform.

Ultimately, the credibility of democratic governance depends not only on electoral victory, but on the faithful pursuit of the commitments made to secure it. The present moment offers the Government an opportunity to demonstrate that it understands this responsibility. To do otherwise risks further eroding public trust and undermining the very reforms it once championed.

Statement on the Continued Delay of Provincial Council Elections

25 May 2026, Colombo: The Centre for Policy Alternatives (CPA) expresses profound concern at the continued failure of successive governments—and now the present administration—to hold Provincial Council elections, despite clear public commitments and manifesto pledges to do so within a defined timeframe.

It is now more than a decade since elections to Provincial Councils were last conducted, with the last held in 2014.  The prolonged absence of elected provincial representatives has severely undermined the functioning of Sri Lanka’s system of devolved governance and eroded the democratic rights of citizens across the country.

At the core of this crisis lie unresolved legal and procedural issues stemming from the Provincial Councils Elections (Amendment) Act 2017, including the transition to a new electoral system and the requirement for fresh electoral boundary delimitation. While these challenges are real, it is equally clear that they have been repeatedly invoked to justify inaction. The delimitation process remains incomplete and disputed, and the absence of a coherent legal framework continues to prevent the conduct of elections. Yet, these are matters squarely within the competence of Government and Parliament to resolve.

CPA notes with particular disappointment that the present Government, which campaigned on a platform of democratic renewal and accountability, has failed to prioritise the necessary legislative and administrative measures required to break the impasse. Despite earlier assurances that Provincial Council elections would be held within a year of assuming office, recent statements indicate further postponements, citing legal ambiguity, fiscal constraints, and other emerging challenges. This pattern closely mirrors the conduct of previous administrations and raises serious concerns about the political will to restore democratic governance at the provincial level.

CPA is especially troubled that the Government’s policy position on the postponement of Provincial Council elections has been publicly articulated by Tilvin Silva, the General Secretary of one constituent party of the ruling coalition, rather than by a constitutionally accountable Cabinet Minister in Parliament. Mr Silva, who is not in Parliament and does not hold ministerial office, has outlined the Government’s reasoning for delay, including financial constraints and legal complications, in recent media statements.

The fact that such a critical matter of public policy—directly affecting the exercise of the franchise, the operation of constitutional institutions, and relating to the existing constitutional settlement of ethnic relations that is also part of an international treaty with India—is being communicated by a party official outside the formal structures of the state raises serious concerns about transparency, accountability, and the integrity of democratic governance. It suggests an increasingly blurred boundary between party and state, and gives rise to troubling questions as to where executive authority is in fact located.

Mr Silva, representing the Janatha Vimukthi Peramuna (JVP), is also not the person who can inspire public confidence in the Government’s commitment to devolution given the JVP’s past record in opposition to that policy, including insurrectionary violence, populist mobilisation, and the use of the courts to stymie every effort at ethnic accommodation and power-sharing.

In particular, this development raises the spectre of a parallel configuration of power, in which party structures operate alongside—or potentially above—constitutionally mandated institutions. As we have highlighted before in relation to the Praja Shakthi and Clean Sri Lanka initiatives, CPA is concerned that this points to the possible construction of a party-state dynamic in Sri Lanka, where decision-making authority is exercised through informal or extra-constitutional channels rather than through institutions subject to democratic oversight and legal accountability. Such a trajectory is incompatible with the fundamental principles of the Constitution and risks further eroding public trust in governance.

The continued postponement of elections has resulted in Provincial Councils being administered by Governors appointed by the central government, in contravention of the spirit of representative democracy and the framework of devolution envisaged under the Thirteenth Amendment to the Constitution. The absence of elected bodies has weakened accountability, centralised decision-making, and contributed to a vacuum of democratic governance that disproportionately affects already marginalised regions.

CPA is further concerned that the delay risks eroding public confidence in democratic institutions and processes. Elections are not a matter of political convenience; they are a constitutional obligation and a fundamental expression of the sovereignty of the people. The persistent failure to hold Provincial Council elections, despite repeated promises, constitutes a serious breach of that obligation.

In light of these concerns, CPA calls on the Government to:

  1. Take immediate and concrete legislative action to resolve the legal ambiguities surrounding the electoral system, including, if necessary, enabling the conduct of elections under the previous proportional representation system as an interim measure;
  2. Establish a clear and time-bound roadmap for the completion of the delimitation process or alternative legal arrangements;
  3. Ensure that all official policy positions are articulated and communicated by constitutionally accountable office-holders, in keeping with principles of good governance and democratic accountability;
  4. Publicly reaffirm its commitment to holding Provincial Council elections without further delay and ensure transparency in all actions taken towards this end; and
  5. Respect the democratic rights of the people of Sri Lanka by restoring elected provincial governance as a matter of urgency.

The continued delay in holding Provincial Council elections is not merely a technical or administrative issue; it is a fundamental question of democratic legitimacy, constitutional governance, and political accountability. CPA urges the Government to act decisively and without further delay to honour its commitments and uphold the democratic rights of the people of Sri Lanka. In doing so, the Government must at all times speak and act through democratically elected and accountable office-holders authorised by the Constitution. In particular, policy statements of such gravity must not be announced by the General Secretary of the JVP through the media, but be made on behalf of the Government in Parliament, by a member of the Cabinet bound by collective responsibility, and subject to the controls of parliamentary scrutiny and confidence.

Bridging the Palk Strait: Assessing Indo-Lanka Land Connectivity

At its core the Brief is concerned with the question of where growth for Sri Lanka will come from and aims to revive consideration for Indo-Lanka land connectivity as one such avenue for growth. Greater economic integration with India, soon to be the world’s third largest economy, has the potential to accelerate economic development for Sri Lanka as a whole and in some of its most underdeveloped regions, particularly the north and east.

The proposed land bridge between Dhanushkodi in the South-East of Tamil Nadu and Talaimannar in the North-West of Sri Lanka will reduce the time taken and potentially the cost of Indo-Lanka trade. Naturally, this is inherently advantageous given that India is Sri Lanka’s largest trading partner. However, this will also facilitate Sri Lankan firms integrating with the supply chains of Southern India consisting of some of India’s most economically dynamic states, thereby promoting industrial development in Sri Lanka, particularly in the north and east. Tamil Nadu alone is projected to become a trillion-dollar (USD) economy by 2034, and its manufacturing clusters in textiles and automobiles represent vast supply chains into which Sri Lanka can integrate and industrially develop around.

Furthermore, the land bridge has the potential to improve Colombo Port’s competitiveness in facilitating Indian transshipment, a necessity in positioning Sri Lanka as the gateway to India and, thereby, the hub of the Indian Ocean. Though this also requires addressing port congestion, lagging capacity development, and the unwillingness to allow shipping lines to invest in terminals, all of which are impeding Colombo Port’s attractiveness as a transshipment hub.

Lastly, the land bridge would improve Indian tourist flows – the island’s largest source of tourists – to Sri Lanka. Apart from the passenger ferry service between Nagapattinam and Kankesanthurai which resumed in 2024, Indian tourists can only reach the island via air which is the most expensive mode of travel. The land bridge would make it much more affordable for tourists from Southern India to visit Sri Lanka, especially the Northern, North Central, and Eastern provinces which only see a small fraction of Indian tourists. As tourism is labour-intensive, this will increase employment opportunities in these provinces, catalysing local economic activity, and in the sector as a whole. Increasing tourist flows between Sri Lanka and India via land would also increase revenue for Sri Lankan transport services facilitating passenger travel and revenue from tolls.

While Sri Lanka may stand to gain considerably through land connectivity with India, the supposed risks must be assessed beforehand. The likelihood of an Indian invasion is already very low as India simply has no reason to. Additionally, greater economic integration in the form of land connectivity between the two countries would reduce that likelihood further. The misallocation of resources towards the army rather than the navy and the inefficiency of defence expenditure is a far more pressing concern in that regard.

Similarly, concerns that land connectivity would render Sri Lanka economically dependent on India are misplaced. It would maintain or deepen India’s dependence on Colombo Port for facilitating its transshipment and facilitate Sri Lankan industry servicing Southern Indian supply chains. In other words, the economic relations that would arise through land connectivity would increase mutual dependence between Sri Lanka and India instead of leaving Sri Lanka dependent on India.

Moreover, the fear that the land bridge will stoke secession in the north and east stems from a misunderstanding of the root causes of the movement. It was the result of severe Tamil discrimination in the post-independence years and the subsequent unwillingness to accommodate the Tamil community’s desire for a measure of self-governance in the north and east. Hence, addressing Tamil discrimination going forward and allowing for a functional system for the provincial devolution of powers is of significantly greater importance than the unsubstantiated concern that land connectivity will stoke secession.

Though the envisioned threats to sovereignty appear to be overstated, the land bridge may open up Sri Lanka to trafficking, especially in drugs, by land. Nevertheless, the problem persists via maritime routes and there are options available to Sri Lanka in order to mitigate trafficking via land. Many other jurisdictions connected by bridges contend with this problem, such as Malaysia and Singapore via the Johor-Singapore Causeway, from where Sri Lanka can adopt best practices.

Lastly, the concern of damage to the sensitive marine ecosystems surrounding the Palk Strait must be thoroughly investigated through a comprehensive environmental impact assessment with international consultancy. When choosing whether or not to pursue land connectivity with India, the environmental feasibility of the project must be taken into consideration.

Of course, this Brief is unlikely to be an exhaustive assessment of Indo-Lanka land connectivity’s merits and demerits. Nevertheless, given that the economic opportunities appear to outweigh the risks, the takeaway is that renewed consideration of the land bridge is warranted, including an exhaustive study of its merits and demerits, and extensive consultation with relevant stakeholders, particularly those in north, northwest, and northeast.

Click Here to download the Policy Brief

Convention on the Suppression of Terrorist Financing (Amendment) Bill [SC SD 17/2026]

On 22nd April 2026, the Centre for Policy Alternatives (CPA) filed a Petition in the Supreme Court of Sri Lanka challenging the Bill titled “Convention on the Suppression of Terrorist Financing (Amendment) Act”, which was published in the Gazette on 11th March 2026 and placed on the Order Paper of Parliament on 09th April 2026.

CPA’s main challenge was in relation to  Clause 12 of the Bill, which expands investigative powers of law enforcement including surveillance, undercover operations, interception of communications, access to computer data, and establishment of joint investigation teams. CPA argued that this clause, is inconsistent with Articles 3, 4, 12, 13(3) and 14A(2) of the Constitution of Sri Lanka. CPA further submitted that these provisions reduce the judicial power of the people, are overly broad and lack adequate safeguards, thereby undermining constitutional protections relating to equality before the law, freedom from arbitrary executive action, and the right to privacy.

Accordingly, CPA sought orders from the Supreme Court determining that the Bill, in whole or in part, cannot be enacted into law unless it was approved by a two-thirds majority in Parliament and, where required, by the People at a Referendum.

The matter was taken up by the Supreme Court on 28th April 2026

The Petition filed by CPA in respect of the Convention on the Suppression of Terrorist Financing (Amendment) Bill can be viewed here.

The written submissions filed by CPA in respect of the Convention on the Suppression of Terrorist Financing (Amendment) Bill can be viewed here.