UN experts have raised concerns over Sri Lanka’s proposed Protection of the State from Terrorism Act (PSTA), urging the government to align the legislation with international human rights standards. The group of experts, which includes six special rapporteurs and members from Working Groups on Arbitrary Detention and Enforced or Involuntary Disappearances, highlighted the necessity for revisions to ensure compliance with international human rights law. The proposed act is intended to replace the 1979 Prevention of Terrorism Act, which has been criticized for enabling substantial human rights abuses, including torture and enforced disappearances, often targeting minorities and activists during Sri Lanka’s brutal civil war.
The UN experts commended the Sri Lankan government for drafting an improved version of the PSTA following extensive feedback. However, they emphasized that critical issues remain, notably the need for detainees to have guaranteed access to legal counsel, interpretation, independent medical exams, and family contact, along with prompt Human Rights Commission visits. They stressed the importance of recording and reporting all detention transfers to prevent enforced disappearances and incommunicado detention, as outlined in the original report.
According to the experts, detention orders should be subject to prompt judicial review to assess their legality, necessity, and proportionality, in line with Article 9 of the International Covenant on Civil and Political Rights (ICCPR). They also urged for the abolition of the Sri Lankan armed forces’ arrest, question, and search powers to prevent potential abuse. The experts underscored the necessity for all preventative measures against terrorism to have judicial oversight and warned that any evidence obtained through unlawful means, including torture, should be inadmissible in legal proceedings. These stipulations align with UN Fact Sheet 32, which affirms the ICCPR’s binding nature, ensuring prohibition against torture and upholding procedural protections even outside a state’s territory.
In 2023, the initial version of the Anti-Terrorism Act sparked wide international criticism, with the International Commission of Jurists cautioning that the proposed legislation might permit the death penalty, thus conflicting with the ICCPR’s right to life. The PSTA draft, gazetted on September 22, 2026, was presented to Parliament on October 6, 2026, and is currently undergoing constitutional review by Sri Lanka’s Supreme Court after several petitions were filed against it.
This ongoing debate highlights the tension between national security measures and human rights obligations, as seen in a similar context when UN agencies urged Sri Lanka to address human rights concerns following previous incidents of state overreach. The scrutiny over the PSTA provides a critical test of Sri Lanka’s commitment to adhering to global standards while managing threats to national security.