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22A will transcend 19A: minister

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ECONOMYNEXT – Sri Lanka’s newly proposed 22nd amendment to the constitution, while being based on the 19th amendment, will transcend the latter’s democratic features while also retaining the more progressive aspects of the 20th amendment, Justice Minister Wijeyadasa Rajapakshe said.

In a press briefing held on Wednesday August 10, Rajapakshe summarised some key features of the proposed amendment.

“The basic features of the 19th amendment are all there. Mainly, reestablishing the Constitutional Assembly which has the power to approve appointments of High Court judges and higher government officials, and appoint members to Commissions,” he said.

Unlike in the 19th amendment, he said, the three members of the Constitutional Assembly from parliament would not be selected by the Prime Minister and Opposition Leader.

Instead, one member will be appointed by and of the ruling party, one by and of the main opposition, and one member from the majority appointment from and of the other parties.The three civilian members of the Constitutional Council will be appointed by the Speaker with the approval of parliament without intervention by the Prime Minister or Opposition Leader.

“As in the 19th amendment, the Police Commission, Public Service Commission, Election Commission and Bribery Commission will be independent institutions,” he said.

The Public Procurement Commission and Audit Services Commission, which were dissolved by the 20th Amendment, will be re-established by the 22nd Amendment.

“These Commissions were established because most corruption in the governing process happens during audits and procurement processes,” said Rajapakshe.

The Governor of the Central Bank of Sri Lanka (CBSL) is to be appointed by the President with the approval of the Constitutional Council.

“There was justified discourse surrounding the appointment of the Central Bank Governor,” said Rajapakshe.

“[Previous Governors] Arjuna Mahendran and Ajith Nivaard Cabraal worked in an arbitrary manner to destroy the country’s economy, and because the impact on the economy is so great, steps had to be taken [regarding the appointment of CBSL governors],” he claimed.

The 22nd Amendment aims to restrict the president’s ministerial portfolios to just the Defence Ministry via interim arrangements, while the 19th Amendment granted them authority over the Environment and Mahaweli ministries too.Rajapakshe said the Defence Ministry must remain with the President, as the country’s security comes under their responsibility according to previous Supreme Court rulings.

“Under the 22nd Amendment, until a Minster is appointed, the President must take responsibility of the respective Ministry. Additionally, in case of emergency, the President can take over a Ministry on the advice of the PM,” he said.Bills proposed in Parliament can be contested in the Supreme Court, and this can be done within 14 days of the Bill’s presentation.

“The public has the right to contest if a Bill proposed in Parliament is Constitutional or not. To enact those rights, the public must do so within seven days of presentation of the bill. We have increased that to 14 days, to give the people more opportunity to take part in the legislative process,” said Rajapakshe.Under the 22nd Amendment, Sri Lanka will establish laws to carry out the provisions of the United Nations Convention against Corruption and other international conventions regarding bribery and corruption.

“Though there was [a similar provision] in the 19th amendment, no laws were created. The Anti Corruption bill has already been created, it will be further studied in the coming weeks,” said Rajapakshe.

The Bribery and Corruption Commission Law and Declaration of Assets and Liabilities Law will also be updated, he said.



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Suspects involved in sureties controversy granted bail

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Kapila Chandrasena

Airbus bribe case:

Colombo Additional Magistrate Lahiru Silva yesterday (20) granted bail to Mohamed Riswan and Mohamed Irshan, who allegedly received money to stand as sureties for the late former SriLankan Airlines CEO, Kapila Chandrasena. They were identified as residents of Sanchi Arachchi Watta, situated next to the Hulftsdorp court complex.

Chandrasena was found dead at his brother-in-law, Aravinda De Silva’s residence, at No. 38, Pedris Road, Kollupitiya, on 8 May.

The Magistrate also granted bail to B. A. Tissa and Perumal Ganesh, who arranged for Riswan and Irshan to stand as sureties for Chandrasena, who is under investigation for allegedly receiving a USD 2 million bribe through his wife to facilitate an Airbus deal. They, too, residents of Sanchi Arachchi Watta, were granted bail on two personal bail of Rs. 500,000 each.

Airbus had to pay USD 4 billion in penalties after admitting it had paid huge bribes to secure contracts in 20 countries. Sri Lanka is among them.

The Magistrate directed that the Grama Niladhari should certify their residence and the relevant certificates submitted to court and to establish the financial status of those who stood as sureties for the four persons.

The court was told that Mohamed Riswan and Mohamed Irshan obtained 17 Grama Niladhari certificates from January till May 2026. On the basis of a statement recorded from Keselwatta Grama Niladhari S. Nilantha Silva police informed court that the first suspect had obtained 10 certificates and the second person seven.

Fourth suspect Ganesh had first met those who stood as sureties, on 05 May, in the court premises and struck the deal. Crime OIC of Keselwatta Police, Sub Inspector K.W.D. Anuruddha, told court that Mohamed Riswan, Mohamed Irshan and B. A. Tissa hadn’t even known who Chandrasena was and were not related to him in anyway, according to investigations. Police requested that the four persons be further remanded.

The Magistrate granted them bail and set the next hearing for 25 June.

Legal sources said that such illegal practices were rampant, and in this particular case the Court Registrar should have been able to see that the sureties were very much unlikely to be relatives of Chandrasena.

By Shamindra Ferdinando

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Steps underway to safeguard Sri Lanka’s maritime heritage

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The government has initiated a major conservation drive to protect its fragile northern marine ecosystems, with top government officials pledging stronger action against environmental degradation, destructive fishing practices, and Illegal, Unreported and Unregulated (IUU) fishing in the country’s northern seas and adjacent islands.

A high-level discussion chaired jointly by Deputy Minister of Environment Anton Jayakody and Deputy Minister of Defence Aruna Jayasekara was held on Tuesday (19) at the Ministry of Environment to formulate an integrated strategy aimed at safeguarding Sri Lanka’s maritime heritage and accelerating marine conservation initiatives.

Senior naval officers, top environment officials, conservation experts, and representatives from several state agencies attended the meeting, which focused heavily on the declaration of new Marine Protected Areas (MPAs) in the Northern Province.

Among those present were Secretary to the Ministry of Environment K.R. Uduwawala, Chairman of the Marine Environment Protection Authority Samantha Gunasekara, Director General of the Coast Conservation and Coastal Resource Management Department Prof. Turny Pradeep Kumara, Conservator General of Forests Palamakumbura, officials of the Department of Wildlife Conservation, and senior ecologists from International Union for Conservation of Nature.

Officials stressed that the protection of Sri Lanka’s northern marine zone was essential not only for biodiversity conservation but also for sustaining the livelihoods of fishing communities and strengthening the country’s maritime standing internationally.

A major concern raised during the meeting was the increasing ecological destruction caused by IUU fishing activities. Ministers warned that such unlawful practices posed a severe threat to marine biodiversity and the economic stability of local fishermen.

The discussion also focused on intensifying surveillance operations and strengthening law enforcement mechanisms to combat destructive fishing methods, including dynamite fishing, unauthorized spearfishing, and the use of banned fishing gear that continue to devastate coral reef ecosystems and endangered marine species.

Attention was also drawn to governance and infrastructure shortcomings within fishing harbours, with officials identifying the lack of proper management systems and formal regulatory mechanisms as major vulnerabilities contributing to environmental degradation.

As part of the proposed conservation strategy, several islands and surrounding marine zones in the Northern Province have now been identified for official declaration as Marine Protected Areas.

Authorities clarified that the establishment of MPAs would not undermine the livelihoods of local communities but instead promote sustainable fishing practices while opening new opportunities for eco-tourism development.

Officials said these protected marine zones could eventually be developed into internationally recognised eco-tourism destinations, generating fresh economic opportunities for the Northern Province while enhancing Sri Lanka’s environmental credentials globally.

The meeting further highlighted that the declaration of new MPAs would reinforce Sri Lanka’s commitment to international biodiversity conservation obligations and demonstrate the country’s role as a responsible custodian of the Indian Ocean’s marine resources.

A proposal was also made to establish a multi-sectoral working group comprising representatives from the Ministries of Tourism, Fisheries, Defence, Environment, and Justice to implement a coordinated mechanism for the protection of coastal and marine resources under the leadership of the Ministry of Environment.

Officials described the initiative as another significant milestone in Sri Lanka’s broader journey towards building a sustainable biosphere and ensuring long-term environmental security for future generations.

By Ifham Nizam

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CEJ’s landmark legal battles reshape Sri Lanka’s environmental justice landscape

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Dilena with Senior Attorney-at-Law, Dr. Ravindranath Dabare, and CEJ Chairman Hemantha Withanage

In a country where environmental destruction, political interference and weak enforcement have often overshadowed conservation efforts, the Centre for Environmental Justice (CEJ) has emerged as one of Sri Lanka’s most formidable legal defenders of nature.2

From the catastrophic MV X-Press Pearl Disaster to the destruction of the Wilpattu National Park ecosystem, CEJ has consistently used the courts to challenge environmental crimes, state negligence and corporate irresponsibility, securing several landmark judgments that have transformed the country’s environmental jurisprudence.

Speaking to The Island, CEJ Executive Director Dilena Pathragoda said these legal victories were not merely courtroom successes but historic interventions aimed at safeguarding the rights of future generations.

“Environmental litigation is not only about protecting forests, rivers or wildlife. It is fundamentally about protecting people, public health, livelihoods and the constitutional rights of future generations to live in a safe and healthy environment,” Pathragoda said.

Among the most consequential legal actions spearheaded by CEJ was the litigation surrounding the X-Press Pearl maritime disaster, regarded as Sri Lanka’s worst marine environmental catastrophe.

The Island, which was among the first newspapers to consistently highlight the gravity of the X-Press Pearl environmental disaster and its long-term ecological consequences, closely followed the legal battle that eventually resulted in a landmark compensation ruling.

The Singapore-flagged cargo vessel caught fire and sank off Sri Lanka’s western coast in 2021, releasing massive quantities of hazardous chemicals, microplastics and pollutants into the Indian Ocean, devastating marine ecosystems and fishing communities.

Pathragoda noted that the Supreme Court’s direction for compensation amounting to nearly USD 1 billion marked a turning point in Sri Lankan environmental law.

“For the first time, Sri Lanka robustly applied the internationally recognised ‘Polluter Pays Principle’ in a manner that sent a strong signal to multinational corporations and shipping operators that environmental destruction carries enormous legal and financial consequences,” he said.

Environmentalists say the ruling significantly strengthened accountability standards for transboundary pollution and maritime negligence.

Wilpattu judgment becomes watershed moment.

The CEJ-led litigation over the illegal clearing of forests adjoining Wilpattu National Park is widely regarded as one of the most powerful environmental rulings in South Asia.

The controversial clearing of the Marichchukaddi forest reserve for settlement purposes triggered widespread outrage among conservationists and scientists.

According to Pathragoda, the judgment established that politically motivated environmental destruction could not be justified under any circumstances.

“The court recognised that no authority, regardless of political power, has the right to destroy protected forests in violation of environmental laws,” he stressed.

In a landmark directive, the Court of Appeal ordered reforestation of the destroyed lands and held responsible state actors personally accountable for restoration efforts.

Legal analysts described the ruling as a major advancement in public trust doctrine and environmental accountability in Sri Lanka.

CEJ also played a central role in challenging controversial government attempts to legitimise the possession of illegally captured wild elephant calves through relaxed registration regulations.

The organisation argued that the gazette notification undermined wildlife protection laws and effectively rewarded wildlife traffickers.

“Sri Lanka’s elephants are part of our national heritage and ecological identity. Weakening protections for illegally captured elephants would have legitimised wildlife crime,” Pathragoda said.

The resulting court intervention became a significant legal safeguard for wildlife conservation and strengthened enforcement against illegal wildlife trade networks.

The deadly Meethotamulla Garbage Dump Collapse disaster also became a defining moment for environmental litigation in Sri Lanka.

CEJ had long warned authorities about the dangers posed by the uncontrolled garbage mountain in a densely populated residential area.

After the catastrophic collapse that killed dozens of residents, legal proceedings intensified scrutiny on failures in waste management governance.

Pathragoda said the tragedy demonstrated the devastating human cost of environmental negligence.

“Environmental justice is inseparable from social justice. Poor communities are often forced to bear the heaviest burden of pollution, waste and environmental mismanagement,” he observed.

The case helped reinforce the principle that improper waste disposal and environmental negligence can amount to violations of citizens’ fundamental rights.

CEJ also gained international attention through its legal challenge against the illegal importation of hazardous waste containers from the United Kingdom.

Hundreds of containers containing clinical and mixed waste had been brought into Sri Lanka in violation of international environmental conventions and domestic regulations.

The legal action ultimately compelled authorities to ensure the waste was returned to the country of origin.

“Sri Lanka cannot and must never become a dumping ground for toxic waste generated by wealthy nations,” Pathragoda asserted.

Environmental observers said the case strengthened Sri Lanka’s standing under the Basel Convention and reinforced national sovereignty in environmental governance.

Pathragoda believes Sri Lanka’s environmental litigation landscape is evolving rapidly, with courts increasingly willing to intervene where environmental harm threatens public welfare.

However, he warned that environmental destruction continues at an alarming pace due to weak enforcement, political patronage and short-term economic priorities.

“The real challenge is not the absence of laws. Sri Lanka already possesses many strong environmental statutes. The problem lies in implementation, political interference and the lack of accountability,” he said.

He added that CEJ would continue pursuing strategic litigation to protect forests, biodiversity, marine ecosystems and vulnerable communities.

“Every environmental case we file is ultimately about ensuring that future generations inherit a country that is still ecologically alive,” Pathragoda said.

He noted as climate risks intensify and ecological pressures mount, CEJ’s courtroom battles are increasingly being viewed not merely as legal contests, but as critical struggles over the environmental future of Sri Lanka itself.

 

By Ifham Nizam

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