The People’s Action for Free and Fair Elections (PAFFREL) has urged the Government to ensure that national security measures do not undermine fundamental human rights, raising concerns over two proposed laws intended to replace the Prevention of Terrorism Act (PTA) and address organized crime.In a letter dated October 30, 2026, addressed to President Anura Kumara Dissanayake, PAFFREL Executive Director Rohana Hettiarchchi called for a thorough review of the proposed Protection of the State from Terrorism Bill and the Prevention of Organized Crime Bill before they are enacted.

While welcoming the Government’s commitment to repeal the PTA, Hettiarchchi said the proposed legislation contained provisions that could threaten civil liberties, freedom of expression, peaceful assembly and the right to association.The letter recalled that the National People’s Power (NPP), in its election manifesto, had pledged to repeal oppressive laws, including the PTA, and guarantee civil rights throughout the country.It also highlighted Sri Lanka’s commitments under the European Union’s GSP+ trade concession scheme and United Nations human rights benchmarks established in 2021, stressing that counter-terrorism legislation must comply with international human rights standards.

Raising concerns over the proposed Protection of the State from Terrorism Bill, PAFFREL said its broad definition of terrorism under Article 3 could potentially bring peaceful protests, trade union activities and humanitarian assistance within the scope of terrorist offences, particularly through provisions referring to significant economic harm.The letter also questioned the vague terminology used in Article 8, including references to “obstruction” and “interference”, warning that such wording could allow non-terrorist activities to be interpreted as terrorism.Article 15 was criticized for broadly criminalizing the failure to provide information without adequately distinguishing between intentional withholding and other circumstances. Concerns were also raised over Article 10, which defines terrorist publications in a manner that could restrict calls for peaceful public gatherings and undermine freedom of expression.

The proposed expansion of enforcement powers also came under scrutiny. According to PAFFREL, Article 19 would grant the armed forces and Coast Guard warrantless arrest powers, removing safeguards that previously required senior police oversight. Article 26, meanwhile, would empower the Secretary to the Ministry of Defence to issue detention orders for periods of up to one year, raising concerns over the extent of executive authority and the absence of effective judicial supervision. The letter also questioned restrictions on judicial oversight concerning evidence submitted to the Government Analyst under Article 49.Further concerns were raised over Article 39, which places the appointment of an independent detention review committee in the hands of the Minister, potentially compromising its independence.PAFFREL also warned that Article 61 would allow the Defence Secretary to declare any location a prohibited place, while enabling senior police officers to obtain court orders restricting individuals’ movements and communications for up to three months.

Concerns were also expressed over the proposed Prevention of Organised Crime Bill, with PAFFREL warning that relatively minor offences, including intellectual property violations, excise offences and forestry-related breaches, could be classified as serious organised crimes.The proposed law’s provisions allowing executive detention orders of up to one year were also questioned, alongside concerns that its broad scope could be used against trade union activities and civil society organizations .Another contentious provision concerns the admissibility of confessions made to police officers as evidence, which PAFFREL said could undermine the right to a fair trial.

While acknowledging the Government’s responsibility to protect national security and combat terrorism and organised crime, Hettiarchchi urged the President to reconsider both proposed bills and ensure that any new legal framework provides adequate safeguards against abuses of power.PAFFREL stressed that legislation introduced in the name of national security must not compromise democratic freedoms, fundamental rights or the Government’s commitments to dismantling oppressive laws.