The Protection of the State from Terrorism (PST) Bill, intended to replace the Prevention of Terrorism Act (PTA) of 1979, was officially published this week, marking a significant step by the government to fulfill an electoral commitment made by the ruling National People's Party (NPP). The new legislation aims to modernize Sri Lanka's approach to counterterrorism by defining specific offences and incorporating safeguards around investigative and detention procedures.
The PTA, which has been widely criticized for its broad and vague provisions, is set to be repealed following the gazetting of the PST Bill. Justice and National Integration Ministry officials emphasized that the new bill is formulated to address contemporary security challenges while protecting civil liberties. The ministry underscored that the drafting process involved consultations with experts, public stakeholders, civil society groups, and international partners, supported by a Cabinet-approved Committee of Experts.
One of the primary changes in the PST Bill is the explicit legal definition of terrorism. The bill defines terrorism as acts causing death, serious injury, hostage-taking, or significant damage to public infrastructure and cyber systems, carried out with the intent to provoke public terror or coerce a government or international entity in pursuit of political or ideological goals. This contrasts with the PTA, which lacks a precise definition of terrorism.
The PST Bill also explicitly protects certain activities from being classified as terrorism, including peaceful protests, advocacy, strikes, legitimate humanitarian efforts, journalism, civil society advocacy, academic research, satire, and legal defense. In the past, the PTA did not provide such explicit protections, leading to concerns over misuse.
In terms of evidence and due process, the new bill eliminates the admissibility of confessions made to police officers. Instead, statements must be recorded under judicial supervision, involving magistrates and medical officers, with audio-visual documentation to ensure voluntariness and prevent coercion. This marks a departure from the PTA, where confessions to police were admissible unless proven otherwise, placing the burden on the accused.
The bill also introduces stricter requirements on the treatment of suspects. Arrested individuals must be brought before a magistrate within 48 hours, their relatives notified within 24 hours, and the Human Rights Commission informed of the arrest. Detention under the PST Bill requires a detention order from the Secretary to the Ministry of Defence, valid for a maximum of two months at a time, with extensions subject to High Court approval for up to one year in total. The PTA currently allows detention orders directly from the Defence Minister for up to 18 months.
While the government has hailed these measures as a balance between national security and human rights, some public concerns remain regarding the implementation and oversight of the new law. Deputy Finance Minister Anil Jayantha Fernando dismissed claims that the bill would jeopardize Sri Lanka's ongoing financial arrangements, emphasizing that the government remains on track to secure its next bailout installment from the International Monetary Fund (IMF).
However, uncertainty persists about whether the NPP government plans to engage in a successor IMF program after the current Extended Fund Facility (EFF) concludes in March 2027. Some government officials express reservations about entering another IMF agreement, citing the risk of restrictive conditions that could limit economic relief efforts, while others advise caution before ruling out further collaborations. A clearer stance is expected following the presentation of the 2027 Budget to Parliament.