Sri Lanka's proposed counterterrorism legislation has drawn sharp criticism from Human Rights Watch, which warns that the bill contains numerous provisions similar to current abusive laws and risks facilitating the same patterns of repression that have plagued the island nation for years.
Key Concerns About the Proposed Legislation
The human rights organization expressed alarm that the draft bill fails to meet critical benchmarks established by United Nations counterterrorism experts and does not comply with human rights obligations that Sri Lanka has committed to uphold. This assessment raises serious questions about the government's approach to balancing security concerns with fundamental civil liberties.
Human Rights Watch's analysis reveals that the proposed law retains many problematic elements from existing legislation that has been used to target minority communities, political dissidents, and civil society activists. The organization argues that rather than reforming the country's counterterrorism framework, the new bill appears to perpetuate systemic issues that have enabled abuse.
Historical Context of Counterterrorism Abuses
Sri Lanka's counterterrorism laws have long been criticized for their broad scope and potential for misuse. During the country's decades-long civil conflict, which ended in 2009, security forces frequently employed counterterrorism legislation to detain individuals without proper legal safeguards. The Prevention of Terrorism Act (PTA), enacted in 1979, has been particularly controversial for its provisions allowing prolonged detention without trial.
The international community has repeatedly called on Sri Lanka to reform or repeal the PTA, citing concerns about arbitrary arrests, torture in custody, and the targeting of Tamil communities and other minorities. Despite promises from successive governments to address these issues, meaningful reform has remained elusive.
UN Standards and International Obligations
The United Nations Special Rapporteur on counterterrorism has established clear guidelines for national counterterrorism legislation to ensure compliance with international human rights law. These benchmarks emphasize the importance of precise definitions of terrorism, judicial oversight of security operations, and robust safeguards against arbitrary detention.
According to Human Rights Watch, Sri Lanka's proposed law falls short of these standards in several critical areas. The organization points to vague definitions that could be interpreted broadly to criminalize legitimate political activities, insufficient judicial oversight mechanisms, and inadequate protections for detained individuals.
Sri Lanka has made various commitments to the international community regarding human rights reforms, including pledges made at the UN Human Rights Council. The country co-sponsored resolutions in 2015 and 2017 that included specific commitments to counterterrorism law reform as part of broader transitional justice efforts.
Impact on Civil Society and Minorities
Rights advocates warn that the proposed legislation could have a chilling effect on civil society organizations, journalists, and political activists who work on sensitive issues. The broad language used in counterterrorism laws often creates uncertainty about what activities might be considered criminal, leading to self-censorship and reduced civic participation.
Minority communities, particularly Tamils and Muslims, have expressed concerns about being disproportionately targeted under counterterrorism legislation. Past experience has shown that these communities often bear the brunt of security operations, with individuals facing arrest and detention based on ethnic profiling rather than credible evidence of terrorist activity.
The proposed law's potential impact extends beyond immediate security concerns to broader questions about democratic governance and the rule of law in Sri Lanka. Critics argue that maintaining abusive counterterrorism provisions undermines efforts to build sustainable peace and reconciliation following the country's civil conflict.
Calls for Genuine Reform
Human Rights Watch and other international organizations have called on the Sri Lankan government to undertake genuine reform of its counterterrorism framework rather than simply repackaging existing problematic provisions. They emphasize the need for meaningful consultation with civil society, including affected communities and legal experts.
The organization recommends that any counterterrorism legislation should include clear and narrow definitions of terrorist offenses, mandatory judicial review of detentions, access to legal counsel from the time of arrest, and independent oversight mechanisms to prevent abuse. These safeguards are essential for ensuring that security measures do not undermine fundamental rights.
International partners and donor countries have also expressed concern about Sri Lanka's approach to counterterrorism law reform. The European Union and other international actors have linked progress on human rights issues, including counterterrorism law reform, to broader diplomatic and economic relationships with Sri Lanka.
Moving Forward
As Sri Lanka continues to grapple with the aftermath of its civil conflict and more recent security challenges, including the 2019 Easter Sunday attacks, the need for effective counterterrorism measures remains real. However, Human Rights Watch emphasizes that genuine security cannot be achieved through laws that enable abuse and discrimination.
The organization calls for the Sri Lankan government to demonstrate its commitment to human rights by substantially revising the proposed legislation to align with international standards and best practices. Only through such reforms can Sri Lanka hope to build a counterterrorism framework that effectively addresses security threats while protecting the rights and dignity of all its citizens.