The United Nations Human Rights Office (OHCHR) has raised serious concerns over Sri Lanka’s proposed Protection of the State from Terrorism (PSTA) Bill, warning that several provisions could enable arbitrary detention, restrict freedom of expression and increase the risk of torture and other human rights violations.
In a 19-page assessment of the Bill gazetted on September 22, 2026, the UN Human Rights Office acknowledged several improvements compared to earlier drafts but warned that the proposed legislation continues to reproduce or expand shortcomings of the existing Prevention of Terrorism Act (PTA).
The assessment, dated October 13, called on the Sri Lankan Government to undertake a comprehensive review of the Bill before its enactment, with meaningful consultation involving civil society, independent institutions and legal experts.
Detention powers
One of the UN’s main concerns relates to provisions allowing the Secretary to the Ministry of Defence to authorise detention for up to two months at a time, with a maximum total detention period of one year.
Although extensions beyond the initial two months require High Court approval, OHCHR warned that the initial detention decision remains with the executive rather than an independent court.
The report also noted that suspects could be brought before a Magistrate up to 48 hours after arrest by police, or up to 72 hours following arrest by the armed forces.
It recommended that all suspects be produced before a Magistrate as soon as possible, ordinarily within 24 hours, regardless of the arresting authority.
Threats to journalists and freedom of expression
The UN also expressed concern that broadly defined terrorism-related offences could be used against journalists, human rights defenders, civil society organisations and individuals engaged in peaceful protests.
In particular, the report highlighted provisions relating to confidential information and terrorist publications, warning that they could potentially criminalise legitimate reporting on security operations, arrests and investigations.
The Office said the Bill should explicitly protect journalistic sources, legitimate public-interest reporting and human rights documentation.
Powers granted to security forces
The proposed legislation also allows members of the armed forces and Coast Guard to exercise certain arrest and search powers in specified circumstances.
OHCHR warned that these powers could create additional risks of arbitrary detention, torture and enforced disappearance, particularly where suspects remain in military custody without adequate safeguards.
It called for civilian police to retain primary responsibility for law enforcement and recommended removing broad arrest, detention and search powers granted to the armed forces.
Restrictions on protests and organisations
The report further questioned provisions empowering the President to proscribe organisations and allowing authorities to impose restrictions on movement, public gatherings and communications.
It warned that insufficiently defined powers could be used to restrict peaceful assemblies, political dissent and legitimate civic activities.
The UN recommended stronger judicial oversight, clear time limits and independent review of such decisions.
Improvements acknowledged
Despite these concerns, OHCHR welcomed several changes introduced in the latest draft, including the removal of police confessions as admissible evidence, additional protections for journalism and civil society activity, and requirements for audio-visual recording of police interviews.
The Bill also provides for notifying the Human Rights Commission of Sri Lanka of arrests and detention within 48 hours.
However, the UN said these improvements were insufficient to address the legislation’s broader human rights risks.
The Office also warned that transitional provisions could allow pending PTA cases and certain existing regulations to continue even after the current law is repealed.
OHCHR urged the Government to substantially redraft the proposed legislation to ensure compliance with international human rights standards.
The UN Human Rights Office said it remained ready to provide technical assistance to Sri Lanka in developing counter-terrorism legislation that protects national security while respecting fundamental rights.
OHCHR report: OHCHR_Commentary_PTSA_261029_163621 (Newswire)