The Bar Association of Sri Lanka (BASL) has issued a formal statement expressing serious concerns over two newly gazetted pieces of legislation — the Protection of Society and Terrorism Act (PSTA) and the Organised Crimes Bill. The legal body warns that these bills, if passed in their current form, could significantly expand executive powers while posing considerable risks to fundamental rights, civil liberties, and the rule of law in Sri Lanka.
What Are the PSTA and Organised Crimes Bills?
The Protection of Society and Terrorism Act (PSTA) is proposed legislation designed to replace the widely criticized Prevention of Terrorism Act (PTA), which has long been condemned by human rights organizations both locally and internationally. The Organised Crimes Bill, introduced alongside the PSTA, aims to provide law enforcement agencies with broader tools to combat organized criminal activity across the country.
While the stated objectives of both bills appear constructive on the surface, the BASL contends that the language and provisions contained within the draft legislation go far beyond their intended scope. Legal experts and constitutional lawyers have pointed out that several clauses within both bills are broadly worded, leaving significant room for misuse and misinterpretation by authorities.
BASL's Core Concerns Over the Legislation
The Bar Association of Sri Lanka, which represents thousands of legal professionals across the country, has outlined several specific areas of concern regarding both bills. Chief among these is the expansion of executive powers granted to law enforcement and government officials without adequate judicial oversight or accountability mechanisms.
The BASL has flagged that certain provisions within the PSTA could allow for prolonged detention of individuals without sufficient legal safeguards, echoing some of the most controversial aspects of the very legislation it seeks to replace. Critics argue that replacing one flawed anti-terrorism law with another that carries similar or potentially greater risks of abuse does not represent meaningful reform.
Regarding the Organised Crimes Bill, the BASL has raised concerns about the overly broad definitions used to classify "organised crime," warning that such vague terminology could be weaponized against legitimate civil society organizations, trade unions, political activists, and journalists. The association stresses that any legislation targeting organised crime must include precise legal definitions to prevent arbitrary application.
Threats to Fundamental Rights and Civil Liberties
A central theme in the BASL's statement is the potential threat both bills pose to the fundamental rights guaranteed under Sri Lanka's Constitution. The association specifically highlights concerns around the right to liberty, the right to a fair trial, freedom of expression, and freedom of association — all of which could be undermined if these bills are enacted without significant amendments.
The BASL has also drawn attention to the lack of independent oversight mechanisms within the proposed legislation. Without robust checks and balances, legal professionals warn that the powers granted under these bills could be exercised in a manner that disproportionately targets minority communities, political dissidents, and human rights defenders — groups that have historically been vulnerable to abuse under Sri Lanka's existing security legislation.
Furthermore, the association has expressed concern that provisions allowing for extended periods of detention without charge, combined with limitations on access to legal counsel, could violate Sri Lanka's obligations under international human rights law, including commitments made under United Nations conventions to which the country is a signatory.
Calls for Transparent Consultation and Review
In its formal statement, the BASL has called on the government to engage in a transparent and inclusive consultation process before advancing either bill through Parliament. The association urges lawmakers to involve civil society organizations, human rights bodies, legal experts, and affected communities in a comprehensive review of both pieces of legislation.
The BASL has also recommended that an independent constitutional review be conducted to assess whether the provisions of the PSTA and the Organised Crimes Bill are compatible with Sri Lanka's Constitution and international legal obligations. The association believes that such a review is essential to ensuring that any new legislation genuinely upholds the rule of law rather than undermining it.
Wider Reactions and Political Implications
The BASL's statement has added significant momentum to growing concerns among civil society groups and opposition political parties who have similarly criticized the proposed bills. Human rights organizations have echoed the BASL's warnings, urging the government to prioritize genuine reform over the introduction of legislation that may replicate or worsen existing legal shortcomings.
The government, for its part, has maintained that both bills are necessary tools to address evolving security threats and combat organized criminal networks operating within Sri Lanka. However, critics argue that security concerns must never be used as justification for legislation that erodes democratic freedoms and concentrates unchecked power within the executive branch.
As parliamentary deliberations continue, the BASL's intervention serves as a critical reminder that effective governance must always balance the imperatives of national security with the unwavering protection of individual rights and democratic principles.