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    Sri Lanka to Abolish Controversial Prevention of Terrorism Act Within Months

    Civil societySri Lanka to Abolish Controversial Prevention of Terrorism Act...
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    Sri Lanka to Abolish Controversial Prevention of Terrorism Act Within Months

    In a landmark announcement, Sri Lanka’s President Anura Kumara Dissanayake signals the end of a decades-old law long criticized for enabling human rights abuses, paving the way for reformed counter-terrorism measures.

    Sri Lankan President Anura Kumara Dissanayake has declared that the Prevention of Terrorism Act (PTA) will be abolished in the coming months, with new legislation set to be introduced within 2026. The announcement, made in Parliament on Thursday during an adjournment debate on combating the drug menace, marks a significant policy shift for the National People’s Power (NPP) government.

    Speaking in the House, the President stated that legislation to repeal the PTA is being finalized by the Minister of Justice. This fulfils a long-standing electoral promise from the NPP’s 2024 manifesto, which explicitly called for the abolition of all oppressive acts, including the PTA, to safeguard civil rights across the country.

    Decades of Controversy: The PTA’s Legacy

    Enacted in 1979 as a temporary measure during the escalating conflict with the Liberation Tigers of Tamil Eelam (LTTE) and made permanent in 1982, the PTA granted Sri Lankan authorities sweeping powers. These included warrantless arrests, detention without charge for up to 18 months, and the admissibility of confessions obtained in custody – provisions widely criticised for facilitating torture, arbitrary detention, and enforced disappearances.

    Human rights organizations, including Human Rights Watch, Amnesty International, and the UN, have documented extensive abuses under the PTA. It has disproportionately targeted Tamil and Muslim communities, political opponents, journalists, activists, and protesters. Notable cases include the prolonged detention of individuals for social media posts, participation in commemorative events, or peaceful dissent. In 2025 alone, authorities reported 49 arrests under the PTA in the first five months, often for organized crime or drug-related offenses rather than terrorism.

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    Critics argue the law created a “legal black hole,” undermining due process and fair trial rights. Confessions extracted under duress were admissible in court, and detainees faced limited judicial oversight. International bodies, including the UN Human Rights Council, repeatedly urged its repeal or suspension, linking it to Sri Lanka’s commitments under the International Covenant on Civil and Political Rights and conditions for EU trade preferences (GSP+).

    During the 2019 Easter Sunday attacks and subsequent political turmoil, including the 2022 Aragalaya protests, the PTA’s use intensified. Successive governments, including under Gotabaya Rajapaksa and Ranil Wickremesinghe, faced accusations of weaponizing it against dissent. The NPP, rooted in the Janatha Vimukthi Peramuna (JVP) tradition, campaigned heavily on dismantling such repressive tools as part of broader democratic reforms.

    Path to Reform: From PSTA Draft to Full Repeal

    The road to abolition has not been straightforward. In late 2025, the government published a draft Protection of the State from Terrorism Act (PSTA) intended to replace the PTA. However, the proposal drew sharp criticism from human rights groups for retaining overly broad definitions of terrorism, extensive executive and military powers, prolonged detention without charge (up to one year in some scenarios), and insufficient safeguards against abuse.

    Organizations like Human Rights Watch warned that the PSTA risked “repackaging” the PTA’s disastrous provisions, potentially allowing continued repression of civic space, freedom of expression, assembly, and association. The UN Office of the High Commissioner for Human Rights (OHCHR) highlighted concerns over over-criminalization, risks of torture, and inadequate judicial oversight in comments on the draft.

    President Dissanayake’s latest announcement appears to address these concerns by committing to full repeal rather than a mere rebrand. He has also spoken of a new law focused on preventing organized crime while safeguarding public rights, aligning with broader efforts against drug trafficking and financial crimes. Recent government actions include strengthened extradition mechanisms and remote witness testimony provisions.

    Reactions and Expectations

    Civil society and minority communities have welcomed the news cautiously, viewing it as a potential step toward reconciliation and the rule of law, particularly in the North and East. Tamil and Muslim leaders, along with activists, have long demanded PTA repeal as essential for addressing post-war grievances and preventing future misuse.

    International observers, including the EU, are likely to monitor the process closely, given its linkage to trade benefits and Sri Lanka’s human rights record. Successful reform could bolster the government’s standing amid ongoing economic challenges and IMF programme adherence.

    However, scepticism remains. Past governments made similar pledges without delivery. Human rights organisation demand that the transition must involve transparent, inclusive consultations with stakeholders, including human rights defenders, legal experts, and affected communities, to ensure the replacement legislation meets international standards: narrow definitions of terrorism, robust due process, independent oversight, and prohibitions on torture-derived evidence.

    Legal analysts emphasize that any new framework should prioritize intelligence reform, community-based counter-terrorism, and accountability mechanisms over expansive executive powers. The government’s handling of this will test its commitment to the “prosperous country and beautiful life” vision outlined in its manifesto.

    Broader Implications for Sri Lanka’s Democracy

    The PTA’s abolition, if realised promptly, could represent a pivotal moment in Sri Lanka’s post-conflict journey. It addresses a core grievance that has fuelled distrust between the State and citizens, especially minorities, for nearly half a century. Combined with other reforms – such as addressing enforced disappearances, land returns, and devolution – it could strengthen national unity and democratic institutions.

    Economically, improved human rights credentials may attract investment and sustain international support. Politically, it signals the NPP government’s willingness to evolve beyond initial hesitations on repeal reported in late 2024.

    Challenges persist: balancing security needs with rights, combating rising organized crime and drug issues without draconian tools, and ensuring implementation does not lag. The minister of justice’s finalisation process will be under scrutiny.

    As Sri Lanka navigates this transition, the focus remains on delivering meaningful change. President Dissanayake’s parliamentary statement offers hope that the era of the PTA – a symbol of state overreach for many – is drawing to a close, potentially ushering in a more rights-respecting approach to national security.

    Image: Amnesty

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