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Proposed Law Breaks Government Pledge to End Abuse’ – HRW
‘Reject New Counterterrorism Bill’
:The government of Sri Lanka’s proposed Anti-Terrorism Act would empower the authorities to systematically violate fundamental human rights, Human Rights Watch said on Friday. The government should withdraw the bill and ensure through consultations that any counterterrorism legislation upholds international human rights standards, Human Rights Watch said.
The government pledged to adopt an improved law following domestic and international criticism of abuses under existing counterterrorism legislation. But instead of addressing the problems, the bill would expand the definition of terrorism to include crimes such as property damage, theft, or robbery, and restrict the rights to freedom of assembly and speech.
“The proposed counterterrorism law would permit the Sri Lankan government to continue to use draconian measures to silence peaceful critics and target minorities,” said Meenakshi Ganguly, South Asia director at Human Rights Watch. “The government’s crackdown on dissent and misuse of existing counterterrorism laws to arbitrarily detain protesters highlights the obvious risk of abuse.”
The Anti-Terrorism Bill, which was published on March 22, 2023, is intended to replace the notorious Prevention of Terrorism Act (PTA), which led to widespread torture and arbitrary detentions since its introduction in 1979. While the new bill contains some improvements, it includes provisions that will facilitate abuse. The bill appears designed to give the president, police, and military broad powers to detain people without evidence, to make vaguely defined forms of speech a criminal offense, and to arbitrarily ban gatherings and organizations without meaningful judicial oversight.
In response to criticism from Sri Lankan activists and lawyers, the United Nations Human Rights Council, foreign governments, and the European Union, successive Sri Lankan governments have repeatedly promised to repeal and replace the PTA with rights-respecting legislation.
The Anti-Terrorism Bill is largely based on proposals presented in 2018, when Sri Lanka’s current president, Ranil Wickremesinghe, was prime minister. The 2018 bill was criticized over human rights concerns and was not enacted. Justice Minister Wijeyadasa Rajapakshe recently expressed satisfaction with the new draft and told journalists that “we won’t make any major change to the current version.”
In 2021, the UN independent expert on human rights and counterterrorism set out five “necessary perquisites” to ensure that Sri Lanka’s counterterrorism law complies with international rights standards. They include providing an appropriate definition of terrorism, ensuring precision and legal certainty, provisions to prevent arbitrary detention, measures that adhere to the absolute prohibition on torture, and due process and fair trial guarantees including judicial oversight. The Anti-Terrorism Bill does not fully meet any of these standards, Human Rights Watch said.
Its definition of terrorism is vague and overbroad and can include peaceful protest or acts that, while criminal, do not rise to the level of any reasonable definition of terrorism. Offenses include participation in certain “unlawful” assemblies if the aim is to “intimidate” the public or “wrongfully” compel the government to act in a certain way, as well as “theft” or “robbery” of government or private property, even if these acts are not intended to cause death or serious harm. The government is currently facing strikes, including by public sector workers. In 2022, the authorities used counterterrorism powers to arbitrarily detain three student leaders after widespread protests over corruption and misgovernance forced both the president and prime minister to resign.
While under the PTA, the authorities can detain a suspect for up to a year on orders signed by the defense minister, the proposed bill gives the authority to issue detention orders to deputy inspector generals of police, increasing risk of abuse. The police could take a detainee from pretrial detention back into police custody, and the defense secretary could transfer a detainee to the custody of “any authority.” This puts suspects at greater risk of torture and other ill-treatment, as abuses under the current law demonstrate.
The proposed bill grants police and military sweeping powers to stop, question, search, and arrest anyone, or seize any document or object without a warrant, if they believe they have “reasonable grounds.” The military, which is not trained in law enforcement, would have 24 hours to transfer a detainee to police custody, placing detainees at greater risk of abuse.
It also provides the president power to issue regulations for “rehabilitation” programs if the attorney general has decided to defer or suspend prosecution. The attorney general could then “impose” “voluntary” rehabilitation on a person who has not been convicted of any crime. In 2021, the Supreme Court stayed similar regulations. The authorities have long committed human rights violations against people accused of terrorism or of drug use, who are incarcerated without trial in government “rehabilitation” programs.
The president, on the advice of the police or military, would be authorized to declare any location a “prohibited place,” with up to three years in prison for violations. This appears to be an attempt to prevent a repetition of the largely peaceful 2022 protests in the capital, Colombo. The government had declared “high security zones” under the Official Secrets Act, which were withdrawn following widespread condemnation.
The bill expands broad powers to criminalize speech that is “likely to be understood” as encouragement or inducement to commit or prepare for terrorism, with the burden of proof on the defendant to show that was not their intention. These offenses also apply to those who publish, distribute, sell, or transmit “terrorist publications,” which could have a further chilling effect. In the past, the government has used the PTA to detain people who commemorated Tamil victims of Sri Lanka’s civil war on social media on the grounds that they were “glorifying” terrorism, which is also an offense under these proposals.
The president would be authorized to ban an organization if authorities have “reasonable grounds” to believe it is acting in a manner “prejudicial to the national security of Sri Lanka, or any other country.” In the past, the government has proscribed Tamil diaspora organizations advocating for human rights and accountability as “terrorist organizations,” and human rights organizations have faced government interference in their banking and finances on the pretext of countering “terrorist financing.”
The bill provides for the death penalty for the terrorism offense of murder, although Sri Lanka has observed a moratorium on executions since 1976. Sri Lanka should abolish the death penalty, which Human Rights Watch opposes in all circumstances because of its inherent cruelty and finality.
The bill includes some new due process protections, including that confessions to the police will not be admitted as evidence, and that female suspects should be searched by women officers. There are new procedures for reporting and notifying the reason for an arrest, providing access to translations of documents in a language a detainee understands, and presenting a detained person before a magistrate every 14 days. It also clarifies the procedures that a magistrate should follow if a detainee appears to have been tortured.
However, the two ostensibly independent entities proposed under the bill, the Board of Review to hear appeals against detention orders, and the Independent Review Panel to advise on rights-respecting implementation of the law, would not be independent by law.
Until new counterterrorism legislation that upholds human rights is drafted, the government should impose a full moratorium on the use of the PTA and take steps to repeal it, Human Rights Watch said.
Successive Sri Lankan governments have offered repeated assurances to the EU that they would uphold rights commitments, including by repealing the PTA, in exchange for tariff-free trade access under the Generalised Scheme of Preferences Plus (GSP+). The trade access is conditioned to the ratification and effective implementation of key human rights treaties. In its latest monitoring report, the European Commission said that Sri Lanka “still has to deliver on a number of important reforms.”
Sri Lanka’s international partners, including the United States, EU, Japan, India, and others should press for genuine reforms to ensure this bill meets Sri Lanka’s international human rights obligations, Human Rights Watch said. The EU should make it clear that replacing the present counterterrorism law with similarly abusive legislation does not address its concerns and could affect Sri Lanka’s GSP+ status.
“The Anti-Terrorism Bill needs to be seen both in light of Sri Lanka’s abusive history of counterterrorism powers and the current government’s repression of peaceful dissent,” Ganguly said. “Sri Lanka’s international partners should make it absolutely clear that they will not reward this abuse with trade preferences and other support.”
News
US sinks Iranian warship off Galle returning from Indian naval exercise
Of 180 member crew, 30 rescued by Sri Lanka Navy
Iran warship IRIS Dena (F75), returning home after participating in the Indian International Fleet Review, and MILAN 2026 international naval exercises, has been sunk off Sri Lanka. The US, Russia and Iran were among 74 participants.
Speculation is rife that the US attacked the vessel in international waters as part of the continuing offensive action under Operation Epic Fury, launched on 28 February. Before the attack in the Indian ocean, President Trump declared that the Iranian Navy Headquarters and nine Navy vessels had been destroyed.
The ill-fated Moudge-class frigate participated in the Indian exercises with the US Navy’s Arleigh Burke-class guided-missile destroyer USS Pinckney (DDG-91) and the Marshal Shaposhnikov, a Udaloy-class frigate of the Russian Navy. Sri Lanka also participated in the exercises. SLNS Sagara and Israeli built Fast Missile Vessel Nandimithra represented Sri Lanka. Forty two warships and submarines and 29 aircraft had been involved.
At the time of the attack, the domestically built vessel was crewed by 180 officers and men.
The US Embassy here did not respond to The Island media query whether the US sank IRIS Dena . The Island was unable to get in touch with Iranian Ambassador in Colombo Alireza Delkhosh though he earlier indicated his availability later in the day.
Minister of Foreign Affairs, Foreign Employment and Tourism, Vijitha Herath, told the Parliament yesterday that the Sri Lanka Navy and the Sri Lanka Air Force had acted in less than an hour of receiving the distressed signal at 5.08 am.
According to the Minister, the first naval craft was dispatched by 6 am, followed by a second vessel at 7 am, while Air Force units joined the mission, including the deployment of a surveillance aircraft to support search operations.
Approximately 180 personnel were believed to have been on board the stricken vessel. Of them, around 30 were reported to be in critical condition.
“To save the lives of those 30 persons, we intervened immediately,” Minister Herath said, adding that the rescued crew members were being transported to Karapitiya Hospital for urgent medical treatment. Some had already arrived by the time of his statement.
SLPP MP Namal Rajapaksa asked whether the Iranian ship had been attacked within Sri Lanka’s Exclusive Economic Zone (EEZ).
Responding to questions raised by Opposition MPs, including NDF Badulla District MP Chamara Sampath Dassanayake, who alleged that the Iranian vessel may have been struck in Sri Lankan waters, the Minister said the ship had been outside Sri Lanka’s maritime boundary when it issued the distress call.
MP Dassanayake queried whether the frigate had been hit as part of the ongoing military escalation involving the United States and Israel against Iran. There was no immediate confirmation from the government regarding the cause of the emergency.
Minister Herath stressed that Sri Lanka’s intervention was guided solely by humanitarian considerations and international obligations.
“We are bound by the International Convention on Maritime Search and Rescue (SAR) of 1979, which we have signed,” he told Parliament.
Under the convention, a signatory state is required to respond to maritime emergencies, regardless of nationality, the cause of the incident, or whether it occurs beyond its own territorial waters.
“According to this convention, if a vessel, or its crew, encounters danger beyond our territorial limits, we are obligated to intervene and protect those lives on humanitarian grounds,” Minister Herath said, adding Sri Lanka had acted immediately to prevent loss of life and had taken all urgent and necessary measures as a responsible state.
The Minister noted that the incident highlighted broader regional security vulnerabilities in maritime safety amid escalating tensions in the region. “A regional military situation would also have an impact on our country. The government’s position is that a negotiated solution must be pursued,” he said.
He also disclosed that President Anura Kumara Dissanayake had held a telephone discussion on Tuesday night with the leadership of the United Arab Emirates regarding the evolving regional situation.
Rescue operations were continuing at the time of going to press.
By Saman Indrajith and Shamindra Ferdinando
News
Justice Kumudini complains of male domination at senior levels, absence of a woman head of BASL
Judge of the Supreme Court Justice Kumudini Wickramasinghe has recently presented a stark analysis of the legal profession’s gender disparity, noting that in spite of women entering the legal field in substantial numbers, their representation dwindles at senior levels. She has highlighted critical statistics and the fact that only two women currently serve in the Supreme Court, none in the Court of Appeal, and that there has never been a woman President of the Bar Association of Sri Lanka (BASL).
“Inclusive leadership is not satisfied by entry-level participation,” Justice Wickramasinghe said. “It concerns who occupies the apex of institutional authority, who shapes doctrine, who speaks for the profession. These figures are not merely statistics; they are indicators of work yet unfinished.”
Justice Wickramasinghe said so at a seminar organised on the eve of International Women’s Day by the Bar Association of Sri Lanka (BASL), in collaboration with the Sri Lanka Women Lawyers’ Association (SLWLA). She underscored the need to address the systemic barriers preventing women from reaching the apex of the legal profession. Justice Wickramasinghe addressed the gathering as the Chief Guest.
BASL President Rajeev Amarasuriya, in his address, framed inclusivity not as charity or tokenism, but as “structural fairness.” He raised an important question being ‘who bears the responsibility of inclusivity’ and addressed the vital role of leadership in inclusivity. Furthermore, Amarasuriya challenged the profession to address the “gap between what we see coming into the profession and what we see at the top,” and clarified that such disparity did not stem from a lack of competence or commitment but from deep rooted practices and structural issues.
A dynamic panel discussion, moderated by Attorney-at-Law Tanushka Gunawardane, explored the multifaceted nature of inclusive leadership. The panel featured Justice Wickramasinghe, Constitutional Council Member Professor Wasantha Seneviratne (joining online), Senior Instructing Attorney Shiranthi Gunawardhana, and corporate leader Yanina Weerasinghe.
Professor Wasantha Seneviratne distinguished between mere representation and true participation, stating that inclusion becomes meaningful only when women have the “agency and authority to make decisions.” She emphasised that inclusive leadership is both a moral obligation and a pragmatic governance strategy.
Senior Instructing Attorney Shiranthi Gunawardhana shared personal anecdotes from her 50-year career, urging senior lawyers to act as mentors rather than gatekeepers. She stressed the importance of creating space for young female lawyers by offering flexibility and support to help them balance professional and personal responsibilities.
Yanina Weerasinghe, Head of Legal at Brandix, argued that true inclusion is measured by influence, not optics. “Diversity is being present; inclusivity is being influential,” she explained, warning against tokenism and calling for “cerebral opportunities” where women are selected, based on talent, and given a genuine voice in decision-making.
Justice Wickramasinghe addressed the relationship between judicial hierarchy and inclusion, asserting that authority and accessibility can coexist. “A judge can be firm in decisions while remaining approachable,” she said, adding that power exercised with transparency and humility strengthens, rather than weakens, institutional legitimacy.
The seminar also heard from Dilani Yatawaka, Managing Director/CEO of Ideal Motors, who shared her perspective as a female leader in the male-dominated automotive sector. She reinforced the critical role of supportive superiors and societal encouragement to enable women to ascend the career ladder while managing family responsibilities.
BASL Women Lawyers’ Professional and Career Development Committee Chair Indika Nagaratne Koththagoda in her welcome address said that the distinguished gathering was honoured to have Her Ladyship Justice Kumudini Wickramasinghe, Judge of the Supreme Court of Sri Lanka, as the Chief Guest and a key panellist and also welcomed the other panellists Attorneys-at-Law Professor Wasantha Seneviratne, Ms. Shiranthi Gunawardena and Yanina Weerasinghe for agreeing to share their insights on the subject during the ensuing panel discussion to be moderated by Attorney-at-Law Ms. Tanushka Gunawardane.
In her closing remarks, Nalani Manatunga, Co-Chairperson of the BASL Women Lawyers’ Professional and Career Development Committee, challenged the audience to reflect on the true meaning of leadership. “A position gives authority, but leadership gives direction,” she said. “Inclusive leadership is not about occupying space; it’s about creating space. Let our leadership not be measured by the chairs we occupy, but by the doors we leave open.”
News
No qualified printer to head Government Printing Department
A crisis was prevailing at the Government Printing Department due to the absence of a permanent Government Printer, Parliament was told yesterday, raising concerns over confidentiality, quality control and national security.
NDF MP Ravi Karunanayake demanded to know what steps the government had taken to fill the long-standing vacancy at the department, describing the situation as a serious administrative lapse.
“The Government Printing Department is a very important and closed service category institution. However, it has been functioning without a permanent Government Printer for some time,” Karunanayake said.
The MP pointed out that the department handles highly sensitive material, including documents related to defence and national security, as well as other classified publications.
“The non-availability of a permanent Government Printer affects the quality, confidentiality and sustainability of the work there. Has the Government conducted an audit on the possible issues arising from this situation? What immediate action has been taken to resolve this crisis?” he asked.
Responding on behalf of the Government, Prime Minister Dr Harini Amarasuriya said the vacancy had been filled on a temporary basis following a Cabinet decision.
She said an experienced officer from the Sri Lanka Administrative Service had been appointed on contract as Acting Government Printer to ensure operational continuity and maintain security standards in relation to sensitive printing tasks.
The Prime Minister acknowledged that the issue reflected broader systemic weaknesses in public service recruitment and professional development that had persisted for years.
“To bridge these gaps, the Government is initiating specialised training programmes and offering international scholarships for high-performing students to build future technical capacity,” she said.
Chief Government Whip and Health and Mass Media Minister Dr Nalinda Jayatissa said that under existing service minutes, more than two decades of experience were required for an officer to qualify for the top post, and that there were currently no internal candidates eligible for appointment.
He said that the department was facing a leadership crisis and administrative instability due to the lack of a permanent, qualified Government Printer.
By Saman Indrajith
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