Tamils in Batticaloa protest against the proposed PSTA in October. File photograph
United Nations human rights experts have called on the Sri Lankan government to make further amendments to its proposed Protection of the State from Terrorism Bill (PSTA), warning that several provisions remain inconsistent with international human rights standards despite improvements to the latest draft.
In a statement issued on Monday (9 November), the experts welcomed the Sri Lankan government's plans to repeal the Prevention of Terrorism Act (PTA) of 1979, which they said had facilitated widespread human rights violations, including torture and enforced disappearances, throughout the 26-year Tamil liberation war and in the years before and after it. The PTA has been used for decades to detain and torture Tamils.
The experts acknowledged that the latest version of the proposed legislation had improved following feedback, but stressed that significant safeguards were still required to prevent abuses of state power.
They called for detention orders to be brought under prompt and effective judicial oversight, allowing courts to examine whether detention was lawful, necessary and proportionate, and to order the release of individuals where appropriate. They also stressed that the Independent Review Committee responsible for hearing detention appeals must operate independently and have the authority to issue binding decisions.
The experts further urged the Sri Lankan government to guarantee detainees access to lawyers, interpreters, independent medical examinations, legal aid and family contact, alongside prompt visits by the Human Rights Commission of Sri Lanka. They said all transfers between detention facilities must be properly documented and reported to prevent enforced disappearances and incommunicado detention.
Concerns were also raised over the proposed law's definition of terrorism. The experts called for it to be restricted to acts intentionally causing death or serious injury, excluding offences involving property damage alone.
“Expression-related offences must involve a likelihood of causing terrorist violence,” the experts said.
They also called for the removal of arrest, questioning and search powers granted to the armed forces, citing the history of Sri Lankan military-related human rights violations. Powers intended to prevent terrorism offences, they added, must be more narrowly defined and placed under judicial supervision.
The experts said the criteria for banning organisations must be clarified and strengthened, with fixed time limits introduced for proscription orders. They also called for cumulative limits on restriction orders and the authority to prohibit access to certain places.
Further safeguards were recommended to ensure that evidence obtained through torture, ill-treatment or other unlawful means is excluded from legal proceedings. The experts also called for stronger protections surrounding the withholding of evidence on national security grounds, particularly information relating to journalists' sources, legal privilege, professional confidentiality and human rights monitoring.
The proposed legislation should also restrict presidential authority to direct the enforcement of the law, while ensuring that the existing PTA is not applied as a transitional measure after the new legislation comes into force.
Warning against inadequate accountability mechanisms, the experts called for effective remedies for human rights violations, including the release of unlawfully detained individuals, disciplinary or criminal action against responsible officials and compensation and rehabilitation for victims.
“It is unacceptable that the PSTA would confer immunities on officials for wrongful acts,” they said.
The experts also stressed that the legislation must provide meaningful remedies for victims, including apologies and guarantees that violations would not be repeated.
“Countering terrorism is only effective if human rights are respected,” they added.
The UN experts said they had previously raised concerns over an earlier version of the proposed legislation with the Sri Lankan government and urged authorities to conduct consultations with relevant stakeholders, including civil society organisations.
They also said they had recently addressed related legislative reforms, including proposed laws regulating non-governmental organisations and organised crime, and offered technical assistance to the government to bring the proposed terrorism legislation into line with international human rights obligations.
The statement comes days after Sri Lankan President Anura Kumara Dissanayake paused the bill pending public consultation, following protests across the North-East . The UN human rights office has separately warned that the bill repeats the failings of the PTA .
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