NPP's Draft PSTA Raises Alarm Over Unequal Justice and the OCB Question

A New Law Under Scrutiny

Sri Lanka's ruling National People's Power (NPP) government is facing mounting criticism over its draft Public Security and Terrorism Act (PSTA), with legal experts, civil society groups, and opposition voices warning that the proposed legislation could entrench a deeply unequal application of justice in the country.

The Central Concern: Selective Enforcement

At the heart of the controversy lies a fundamental question about fairness. Critics argue that the draft PSTA, as currently framed, contains provisions that could allow authorities to pursue certain individuals or organisations while shielding others from equivalent scrutiny. The result, opponents warn, would be a legal framework that pays lip service to the rule of law while enabling politically motivated enforcement on the ground.

The Organisation of Collective Bargaining (OCB) has emerged as a focal point in this debate. Concerns have been raised about how the proposed law would treat trade union activity, collective action, and workers' rights movements — areas where the OCB plays a significant role — compared to how it might handle other forms of organised activity in Sri Lanka.

What the Draft Legislation Proposes

The PSTA is being positioned by the NPP administration as a replacement for the widely condemned Prevention of Terrorism Act (PTA), a decades-old law that drew sustained international criticism for enabling arbitrary detention and abuse. The government had repeatedly pledged, both domestically and to international partners, that it would abolish the PTA and introduce reformed legislation that upholds human rights standards.

However, legal analysts reviewing the draft say that several provisions mirror the very problems found in the PTA, including broad and vaguely worded definitions of terrorism and public security threats that could be stretched to criminalise legitimate dissent, protest, or union organising.

The OCB and Workers' Rights in the Crosshairs

Labour rights advocates have pointed specifically to clauses within the draft that could, in practice, be used against collective bargaining bodies and trade unions. The OCB, which represents workers across multiple sectors, has expressed concern that the legislation's ambiguous language creates legal risk for union leaders and organisers who engage in strike action or public demonstrations.

• Vague definitions of "public disorder" could encompass lawful industrial action
• Powers of detention without prompt judicial oversight remain in the draft
• Insufficient safeguards against misuse by executive authorities
• No clear immunity provisions for peaceful collective bargaining activities

Government Defends the Draft

NPP representatives have pushed back against the criticism, maintaining that the draft PSTA represents a significant improvement over its predecessor and that further consultations remain open. Officials have stressed that the legislation is intended to address genuine security threats facing Sri Lanka while remaining compliant with international human rights obligations.

The government has stated its commitment to a transparent legislative process and has indicated that public and parliamentary feedback will be incorporated before the bill is finalised.

A Credibility Test for the NPP

For an administration that swept to power on a sweeping reform mandate, the handling of the PSTA has become an early credibility test. The NPP built much of its electoral appeal on promises of accountability, institutional reform, and an end to the arbitrary use of state power that characterised previous governments.

If the final legislation retains provisions that allow justice to be applied with an unequal hand — protecting some while targeting others — it risks undermining not only the government's reform credentials but also Sri Lanka's broader obligations under international human rights law and its commitments to bodies such as the United Nations Human Rights Council.

Calls for Comprehensive Review

Civil society organisations and legal professionals are calling for a thorough, inclusive review process before the PSTA advances any further through the legislative pipeline. They argue that meaningful consultation with trade unions, minority community representatives, journalists, and legal experts is not optional — it is essential if Sri Lanka is to finally break free from the shadow of its deeply problematic counter-terrorism legal history.

The coming weeks are likely to prove decisive, as pressure mounts on the NPP to demonstrate that its vision of justice is genuinely equal — and not merely a rebranding of the same unequal system it promised to dismantle.

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