“Risk of restricting civil society and silencing critical voices” — Government urged to extensively revise the Bill
Four United Nations Special Rapporteurs have raised serious concerns over Sri Lanka’s proposed Non-Governmental Organizations (Registration and Supervision) Bill 2026, warning that several of its provisions may be inconsistent with the right to freedom of association guaranteed under international human rights law.
In an official communication dated September 28, 2026, under reference OL LKA 5/2026, the UN experts said they were concerned that certain provisions of the proposed legislation were inconsistent with international human rights standards on freedom of association as well as international standards concerning terrorist financing.
The communication was signed by Ben Saul, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Leopoldo Maldonado Gutiérrez, Special Rapporteur on freedom of opinion and expression; Gina Romero, Special Rapporteur on the rights to freedom of peaceful assembly and of association; and Andrea Bolaños Vargas, Special Rapporteur on the situation of human rights defenders.
Failure to register could become an offence
Under the proposed Bill, all NGOs would be required to register with the designated Competent Authority, while operating without registration would constitute an offence.
Registration certificates would remain valid for three years and would have to be renewed for an NGO to continue operating.
The UN experts also noted that the Bill does not specify a deadline within which the Competent Authority must decide on an application for registration or renewal. At the same time, an NGO would not be permitted to commence activities until its registration has been approved.
NGOs required to “align with government policies”
One of the provisions attracting particular concern is the requirement for NGOs to “align with the policies of the government.”
The Bill also imposes several other obligations, including requirements not to engage in activities adversely affecting Sri Lanka’s sovereignty or territorial integrity, not to induce public disorder affecting public safety and interests, and restrictions on advocacy supporting political ideologies during pre-election periods using NGO funds and resources.
The UN experts warned that requiring organizations to align with government policy could restrict the promotion of alternative and minority views and new approaches.
They said such provisions risk creating a “chilling effect on dissent,” stressing that freedom of association also protects ideas and activities that may be regarded as controversial, dissenting or politically sensitive, including views that may not be favourably received by the government or the majority of the population.
Powers to enter NGO premises without a search warrant
Another major concern relates to powers proposed for the Competent Authority.
Under the Bill, the Authority would be able, upon prior notice, to enter NGO premises without a search warrant, examine information and records and make copies of them.
It would also have powers to obtain information including staff details, financial flows and accounts, and, with consent, attend certain NGO meetings.
The UN experts questioned whether such discretionary regulatory powers were necessary and proportionate.
They stressed that freedom of association includes the right of organizations to conduct their activities freely while maintaining their independence, autonomy and self-governance, and warned against arbitrary searches, surveillance, administrative harassment and excessive oversight.
They also raised privacy concerns over the potential sharing of information relating to NGO staff, donors and beneficiaries.
Fine of up to Rs. 1 million
The Bill creates a number of offences that could be dealt with through summary proceedings before a Magistrate.
Failure to register could result in a fine of up to Rs. 1 million, while penalties could also apply for failure to provide required information or for violating provisions of the Act or regulations made under it.
The UN experts further noted that the Bill does not provide a process to appeal against a refusal to register an organization.
Grassroots civil society groups could also come under regulation
According to the UN experts, the Bill’s definition of organizations is extremely broad and could extend beyond established NGOs to cover informal community groups, volunteer networks and ad hoc advocacy coalitions.
They also noted that the proposed legislation does not adequately distinguish between organizations based on their size or scope of operations.
As a result, burdensome reporting requirements could disproportionately affect smaller grassroots organizations and groups representing minority or vulnerable communities.
Are all NGOs being placed under the same net in the name of counter-terrorism financing?
Although the proposed regulatory framework has been linked to Sri Lanka’s efforts to comply with international anti-money laundering and counter-terrorist financing standards, the UN experts warned that subjecting all NGOs to extensive regulation regardless of their actual risk may be inconsistent with the risk-based and proportionate approach required under international standards, including the Financial Action Task Force’s revised Recommendation 8.
The communication also refers to Sri Lanka’s January 2026 national risk assessment, which reportedly found the inherent risk of the NGO sector to range from low to medium depending on the type of organization.
It further notes that evidence of proven terrorist financing involving NGOs was limited.
According to the UN experts, FATF standards emphasize that most NGOs pose no terrorist-financing risk, that specific NGO regulation may not always be necessary, and that any regulation should be tailored rather than indiscriminately applied across the entire sector.
Four key questions put to the Government
Against this backdrop, the four UN Special Rapporteurs have sought clarification from the Sri Lankan Government on several key issues.
They have asked the Government to explain how the proposed Bill is compatible with the right to freedom of association and international counter-terrorist financing standards.
Significantly, they have also asked the Government to indicate whether the Bill “will not proceed or will be extensively revised” to ensure compatibility with international human rights law and international counter-terrorist financing standards.
The Government has additionally been asked whether the Bill will be gazetted or otherwise publicly released to allow consultations that are representative, inclusive and transparent.
The proposed legislation is intended to replace Sri Lanka’s Voluntary Social Services Organisations Act of 1980. The UN intervention places the debate over the new NGO regulatory framework within the broader context of freedom of association, civil society independence, privacy and the ability of human rights defenders to operate without undue interference.
About the Author
