Colombo, 21 October 2026 – The Bar Association of Sri Lanka (BASL) has sounded a strong alarm over two landmark pieces of legislation currently under parliamentary consideration, warning that the proposed laws could pose a serious threat to civil liberties, judicial independence, and the fundamental rights of Sri Lankan citizens. The two bills in question — the Protection of the State from Terrorism Bill (PSTA) and the Prevention of Organised Crimes Bill (OCB) — have drawn sharp criticism from the country's leading legal body, which argues that both measures could dramatically shift the balance of power in favour of the executive branch at the expense of democratic safeguards.
BASL's Core Objections to the Proposed Legislation
The Bar Association of Sri Lanka has long served as a guardian of legal integrity and constitutional principles within the country. In its latest statement, the BASL expressed deep concern that both the PSTA and the OCB contain provisions that go far beyond what is necessary or proportionate in addressing terrorism and organised crime. According to the BASL, the bills risk granting sweeping powers to law enforcement and government authorities without adequate checks and balances to prevent abuse.
Among the primary concerns raised is the potential for these bills to allow prolonged detention without sufficient judicial oversight. Legal experts affiliated with the BASL have pointed out that provisions within the PSTA could enable authorities to detain individuals for extended periods based on broadly defined criteria, raising the spectre of arbitrary arrests and violations of due process. Such measures, the association warns, echo the deeply controversial Prevention of Terrorism Act (PTA), which has itself been widely criticised by international human rights organisations for enabling abuse and targeting minority communities.
Expansion of Executive Powers Under Scrutiny
A central theme in the BASL's critique is the significant expansion of executive authority embedded in both bills. The association argues that the proposed legislation grants the executive branch disproportionate discretion in determining who qualifies as a terrorist or organised criminal, without clear and narrow legal definitions that would protect innocent individuals from wrongful prosecution.
Legal scholars have noted that vague definitions within anti-terrorism and organised crime legislation have historically been misused by governments to suppress political dissent, silence journalists, and target activists. The BASL's warning reflects a broader global concern about the misuse of security legislation as a tool of political repression rather than a genuine instrument of public safety.
Furthermore, the BASL has highlighted that the bills appear to weaken the role of the judiciary in reviewing executive decisions made under these laws. Reduced judicial oversight, the association contends, strips citizens of a critical layer of protection and undermines the rule of law — a cornerstone of any functioning democracy.
Impact on Fundamental Rights and Civil Liberties
Beyond the structural concerns about executive power, the BASL has drawn specific attention to the potential impact of these bills on constitutionally guaranteed fundamental rights. The right to a fair trial, freedom of expression, freedom of association, and protection from arbitrary detention are all cited as being at risk if the legislation passes in its current form.
Human rights advocates across Sri Lanka have echoed the BASL's concerns, noting that communities already marginalised — including Tamil and Muslim minorities — could be disproportionately affected by broadly worded terrorism legislation. Sri Lanka's troubled history with the PTA has demonstrated how such laws can be weaponised against vulnerable populations, and civil society groups are urging Parliament to take heed of these lessons before proceeding further.
BASL Calls for Comprehensive Review and Stakeholder Consultation
Rather than an outright rejection of the government's efforts to address terrorism and organised crime, the BASL has called for a comprehensive review of both bills and meaningful consultation with legal experts, civil society organisations, and affected communities before any legislation is enacted. The association emphasises that effective counter-terrorism and anti-crime measures can and must be designed in ways that respect human rights and uphold constitutional principles.
The BASL has urged Parliament to ensure that any new legislation includes robust sunset clauses, independent oversight mechanisms, and clear judicial review processes to prevent the misuse of executive power. The association has also recommended that Sri Lanka align its legislative framework with international human rights standards, including those set out by United Nations conventions to which the country is a signatory.
A Critical Moment for Sri Lanka's Democratic Future
The debate over the PSTA and the OCB comes at a pivotal moment for Sri Lanka, as the country continues its journey toward political and economic recovery following years of instability. The BASL's intervention underscores the critical importance of ensuring that security legislation does not come at the cost of the democratic values and fundamental rights that define a just and equitable society.
As Parliament prepares to deliberate further on both bills, the legal community, civil society, and the public will be watching closely to see whether lawmakers heed the warnings raised by the country's foremost legal authority and choose a path that balances national security with the protection of individual freedoms.