The Human Rights Commission of Sri Lanka (HRCSL) has submitted its observations to the Minister of Justice and National Integration on the draft Protection of the State from Terrorism Bill published by the Ministry of Justice.

In exercising its mandate under Section 10(c) of the Human Rights Commission of Sri Lanka Act, No. 21 of 1996, the Commission emphasised the need to ensure that any legislation addressing terrorism is consistent with fundamental rights guaranteed by the Constitution and Sri Lanka’s international human rights obligations.

The Commission reiterated its longstanding position that the Prevention of Terrorism Act, No. 48 of 1979, should be repealed and recommended that offences relating to terrorism be addressed through general law. It further highlighted that legislative reform should be accompanied by meaningful institutional and security-sector reforms.

Among its key recommendations, the Commission called for a narrower definition of terrorism, judicial oversight of detention, meaningful judicial authority to grant bail, prompt access to legal counsel, access to legal representation before statements are made to a Magistrate, and strengthened independence of the proposed Independent Review Committee.

The HRCSL has also submitted detailed observations on specific provisions of the draft Bill and requested the Ministry to consider these recommendations in determining the future of the proposed legislation

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HRCSL observations on Protection of the State from Terrorism Bill