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Midweek Review

LTTE’s Balasingham, Garnier and Western diplomatic missions

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Garnier Francis

Analysis of telephone data revealed that Swiss embassy employee Garnier Banister Francis had been in touch with Chief Inspector Nishantha Silva before the latter left for Switzerland. She had also been in touch with several others. Had she really desired to migrate to Switzerland with her family, the Swiss mission here could have arranged it. They could have left the country without making an issue. Unfortunately, Sri Lanka seems still blind to the machinations of Western powers. That is the undeniable truth. However, the government response to the Swiss accusation can be considered an exception. The then Foreign Secretary Ravinatha Aryasinha and Defence Secretary Kamal Gunaratne on Dec 01, 2019 briefed Swiss Ambassador Hanspeter Mock and the Deputy Chief of Mission. They set the record straight. CCTV footage, Uber taxi and telephone records as well as GSP data proved Mock wrong (Alleged abduction: Swiss Ambassador’s claim not true-gov., The Island, Dec 02, 2019) It wouldn’t be wrong to say that the Swiss Ambassador lied. The issue is whether the local employee misled the Ambassador or she was part of a wider conspiracy.

By Shamindra Ferdinando

There hadn’t been a previous instance of a local employee of a diplomatic mission, based in Colombo, receiving international media attention before Garnier Banister Francis ended up in the New York Times in late Nov., 2019. The British Broadcasting Corporation (BBC), as well as the Indian media, reported the alleged incident, following the New York Times (NYT) exclusive headlined ‘Sri Lanka critics fear a crackdown is underway, and some flee.’

The alleged abduction of a female Swiss Embassy employee, just a week after the swearing in of Gotabaya Rajapaksa as the seventh executive President, rattled the government. Even Anton Stanislaus Balasingham, 68, the late theoretician of the Liberation Tigers of Tamil Eelam (LTTE), hadn’t received such prominent media attention during the time he had served the British High Commission, in Colombo, as a translator. Balasingham captured media attention after he received the LTTE recognition as its spokesperson. That was years after he left the BHC, Colombo, and got married to Australian-born Adele, a nurse by profession, in 1978. British passport holder Balasingham passed away at his South London home on Dec. 14.

Francis received wide media coverage after she alleged being abducted by government agents on the evening of November 25, 2019, near St. Bridget’s Convent, sexually assaulted, and questioned regarding Sri Lankans who sought asylum in Switzerland. She claimed to have been abducted by five persons who arrived in a Toyota Corolla car soon after she left the Embassy at No 63, Gregory’s Avenue (Srimath R.G. Senanayake Mawatha), Colombo 07.

Both the UNP and the JVP immediately and blindly found fault with the government. They didn’t even bother to wait for a preliminary inquiry before accepting the Swiss Embassy employee’s claim. The NGO grouping, generally funded by the West, too, wholeheartedly backed her claim.

Maria Abi-Habib and Sameer Yasir reported the abduction in the NYT online edition on Nov. 27, the day the then Swiss Ambassador, in Colombo, complained to the then Prime Minister Mahinda Rajapaksa, at his Wijerama Mawatha residence, about the abduction. They updated the story on Nov. 29, 2019.

By the time the NYT reported the alleged abduction, now admitted in the Colombo High Court as a lie by the accuser, the local police hadn’t been at least aware of the ‘incident.’ But, the Embassy had briefed the New York Times journalists of the incident. They quoted diplomatic officials in Colombo as having said that the men held the Embassy employee for several hours and then, before releasing her, threatened to kill her if she told anyone. For a country like Switzerland that maintains a lily white image, despite getting super wealthy by secretly handling black money, from around the world, under convenient banking secrecy laws, is capable of committing any heinous crime. Remember the country’s banks also stole funds of Jews burnt in Hitler’s gas chambers.

They were further quoted as having claimed the men appeared to be focused on finding information about a Sri Lankan detective who had been investigating President Gotabaya Rajapaksa. NYT refrained from naming the detective.

NYT was referring to Chief Inspector Nishantha Silva of the Criminal Investigation Department (CID) who left for Switzerland with the blessings of the then Swiss Ambassador in Colombo Hanspeter Mock. The investigator with obvious stained hands was accompanied by his wife and three children.

NYT quoted Swiss Foreign Ministry spokesperson Pierre-Alain Eltschinger as having declared: “We can confirm that a local employee of the Embassy was detained against her will on the street and threatened at length by unidentified men in order to force her to disclose Embassy-related information.”

“Switzerland regards this incident as a very serious and unacceptable attack,” he said, adding that the Swiss government was “demanding an immediate and complete investigation into the circumstances surrounding the incident.”

Sri Lanka last week brought the high profile case to a conclusion. Colombo High Court Judge Namal Balalle on Friday (Nov. 14) sentenced Francis to two years RI suspended for five years. She was also ordered to pay Rs. 2 mn as compensation to the government and fined Rs. 5,000. She is now free to join her husband and two children in Switzerland.

Probably the person who should be compensated is former President Gotabaya Rajapaksa whose administration was the target of this wholly staged drama to malign it no sooner he became the President with an overwhelming mandate.

The judgement was delivered four years after the alleged incident. Francis pleaded guilty to charges in open court. Judge Balalle lifted the travel ban imposed on Francis. She was represented by former President of the Bar Association Kalinga Indatissa, PC.

The Bar Association, during Indatissa’s tenure as its President, took offence over the high handed statement issued by the Swiss government on Dec. 30, 2019, as regards the proceedings pending in the Magistrate’s Court of Colombo over the purported abduction of Garnier Francis. The Bar Association issued a strongly worded statement that condemned the Swiss position and their motives. At the Magistrate Court, Upul Kumarapperuma appeared with Sudharshana Gunawardena. Once the case was moved to High Court, Indatissa led the defence team.

Manohara de Silva, PC, strongly criticized the Swiss mission here over the incident. The Island carried two statements issued by the lawyer. The then Chairperson of the HRCSL, Dr. Deepika Udugama, too, in respons to The Island query issued a statement that dealt with the issue. She stressed the need for investigators to have access to the Swiss Embassy employee.

The Swiss Embassy employee’s canard was exposed by our intrepid investigators who wasted no time in perusing CCTV and other evidence before interested parties could have tampered with them.

Swiss salvo

A few days after the alleged incident, the Swiss mission, in Colombo, issued the following statement: “On 25 November 2019, a serious security incident, involving a local employee of the Embassy of Switzerland, in Colombo, occurred. The employee was detained against her will in the street, forced to get into a car, seriously threatened at length by unidentified men and forced in order to disclose Embassy-related information.

Several false pieces of information are circulating in the reporting of this incident. The Swiss Embassy in Colombo is issuing the following clarifications: (1) The Swiss Embassy immediately lodged a formal complaint and is fully cooperating with the Sri Lanka authorities in order to support police investigation and initiate an inquiry over the case, while duly considering the health condition of the victim and her relatives. (2) Due to a deteriorating health condition, the victim is currently not in a state to testify. (3) It has been alleged that the Swiss government rejected a request for the extradition of an employee of the Sri Lankan Criminal Investigation Department (CID) and his family. No such request has been submitted.

Having declared the Embassy was fully cooperating with authorities, Hanspeter Mock accommodated the local employee in the mission till Dec. 8, 2019. She reported to the CID on the afternoon of Dec. 08, 2019, but declined to undergo medical examination in the absence of a female doctor though two female nurses were present (Alleged abduction: Swiss embassy employee makes statement to CID, The Island of December 09, 2019 edition).

It would be pertinent to mention that Ambassador Mock handed over the local employee to the CID after President Gotabaya Rajapaksa rejected his proposal to evacuate the Embassy employee, along with her family, to Switzerland, in an air ambulance, they had managed to fly into BIA well in advance. No less a person than President Rajapaksa told the writer on the night of Nov. 29, 2019, about the Swiss bid (Swiss mystery takes a new turn: Air ambulance to move embassy employee, govt. insists on immigration formalities, The Sunday Island, Dec. 01, 2019 edition). Until then Hanspeter Mock hindered the investigation. While demanding a thorough inquiry, the Swiss Embassy initially declined to reveal the identity of the alleged victim. In hindsight, the Swiss planned to take her out of the country without she being subjected to any form of investigation (Alleged abduction: Swiss embassy denies SL access to employee, with strapline FM asks embassy to follow established procedure to allow smooth probe, The Island, Nov. 29, 2019, edition)

The attempt to evacuate the group (Garnier Francis and her family) was made during President Gotabaya Rajapaksa’s two-day visit to New Delhi. At the behest of the President, those who dealt with the Swiss authorities insisted that evacuation could be permitted only if the Embassy employee and her family underwent immigration formalities. Had the government gave in to diplomatic pressure and allowed her to go, the unsubstantiated allegations wouldn’t have been proved false. And the malicious claim against our country would have stuck for good across the world.

Interestingly, the Swiss Embassy statement conveniently failed to name the detective, though the local media identified the officer concerned. In fact, Sri Lanka never sought a clarification from the Swiss Embassy as regards the detective. Actually, it wouldn’t be fair to blame the Swiss Embassy for Sri Lanka’s inept response. Regardless of who held political power, Sri Lanka lacked the political will to face challenges, and external powers enjoyed manipulating the country to their hearts’ content. It would be a grave mistake on our part to blame external elements working through their agents here without taking remedial measures.

Those who planned the propaganda blitz over the Swiss Embassy employee ‘abduction’ case certainly took into consideration a spate of still unsolved cases – the disappearance of 11 youth at the hands of the Navy, mostly in 2007/2008, torturing of Deputy Editor of The Nation, Keith Noyahr, on May 22, 2008, assassination of the founding Editor of The Sunday Leader, Attorney-at-Law, Lasantha Wickrematunga, in the morning of January 08, 2009, on Attidiya Road, near Bakery Junction, attempt on the life of Rivira editor, Upali Tennakoon, on January 23, 2009, at Imbulgoda, Gampaha, abduction and assault on well-known journalist and civil society activist, Poddala Jayantha, on June 1, 2009, near Embuldeniya Junction, in Nugegoda, and disappearance of media personality, Prageeth Ekneligoda, on the eve of the January 26, 2010, presidential poll. Keith Noyahr and Upali Tennakoon secured political asylum overseas.

We are not saying the Rajapaksas were behind all of the above, but they and the succeeding UNP-led Yahapalana administration failed to get to the bottom of any of them.

Need for a wider inquiry

The incumbent Justice Minister Dr. Wijeyadasa Rajapakse, PC, was the first parliamentarian to raise a CID officer taking refuge in Switzerland. In conversation with the writer, the then UNP MP Wijeyadasa Rajapakse explained the responsibility on the part of the Foreign Ministry to seek the extradition of CI de Silva as the relatively junior officer and his family receiving political asylum in Switzerland should be examined against the backdrop of many senior military officers being denied visas. The MP also disclosed how the then senior officer in charge of the CID, DIG Ravi Seneviratne, defended the conduct of CI de Silva when Yahapalana President Maithripala Sirisena summoned the top man for a discussion in late 2018 following a complaint made by him. Lawmaker Wijeyadasa Rajapakse said that he felt the urgent need for President Sirisena’s intervention as the CID was making moves to arrest Admiral Wasantha Karannagoda and Chief of Defence Staff (CDS) Admiral Ravi Wijegunaratne over the abduction of 11 persons and giving protection to Lieutenant Commander Chandana Prasad Hettiarachchi falsely implicated in the abduction cases, respectively (Wijeyadasa reveals powwow between CID Chief and President MS: Govt. urged to seek Nishantha’s extradition, The Island, Nov. 27, 2019)

Police headquarters went to the extent of deliberately calling Lt. Commander Hettiarachchi ‘Navy Sampath’ in a bid to manipulate the case. The Swiss got involved when Lt. Commander G.G. Laksiri, who gave evidence against Admiral Wijegunaratne, was granted political asylum to the Volunteer Naval Force officer. Therefore, Laksiri had secured Swiss protection much before CI Silva and attempts to depict the detective as the first man from the security sector to do so are not fair.

Then there was the case of Lt. Commander Welagedara who secured political asylum in Australia claiming his life was at risk here. Welagedara migrated to Australia during the Yahapalana administration in spite of Admiral Karannagoda complaining to the then Defence Secretary over accusations made by the officer. The then President’s Office intervened on behalf of Welagedara who skipped a Tri-Services Board of Inquiry scheduled to begin hearings on January 07, 2017.

Other cases

Sri Lanka lacked political will to counter those who propagated lies in a deliberate attempt to tarnish the country’s image.

One-time Northern Province Chief Minister and ex-SC judge C.V. Wigneswaran (member of the current Parliament) couldn’t stomach the LTTE’s defeat. In August 2016, Wigneswaran accused the military of killing over 100 LTTE combatants, in custody, by poisoning them. The PTI and NDTV were among international media which reported unsubstantiated allegations.

Wigneswaran placed the number of such deaths at 104. Accusations were made while the U.S. Pacific Command’s ‘Pacific Angel’ exercise was underway in the Jaffna peninsula. Obviously, the politician took advantage of the US exercise to propagate war crimes accusations.

Wigneswaran boldly declared that the U.S. Air Force medical team, in Jaffna, could examine the former rehabilitated LTTE cadres, who, he alleged, had fallen sick because they were injected with poisonous substances at government detention centres. The government never bothered to seek an explanation from Wigneswaran.

The then State Defence Minister Ruwan Wijewardene and Health Minister Dr. Rajitha Senaratne dismissed the vicious accusations. Wijewardene offered the international community access to rehabilitation facilities. What the Ministers didn’t realize was that by Aug. 2018, the vast majority of ex-LTTE combatants had been released.

The US conveniently refrained from making its position clear on Wigneswaran’s claim when the writer raised the issue with the US Embassy in Colombo. There had never been such a claim before TNA’s Wigneswaran sought to humiliate Sri Lanka. It would be pertinent to mention that one-time LTTE subordinate, the TNA, backed common candidate Maithripala Sirisena at the 2015 presidential poll, having earlier supported Gen. Sarath Fonseka at the previous presidential poll.

On both occasions, the TNA delivered all northern and eastern electoral districts to Fonseka and Sirisena, who contested on the New Democratic Front (NDF) ticket with the ‘Swan’ as its symbol. The TNA did the same for Sajith Premadasa in the North and the East at the last presidential election, though the South overwhelmingly defeated the UNPer as was the case with Fonseka previously at the 2010 presidential poll.

Unfortunately Gotabaya Rajapaksa, who had been elected with a staggering 6.9 mn votes could not overcome the overwhelming economic-political-social crisis that was created by his predecessors while he, too, took some short-sighted disastrous decisions possibly on wrong advice.

The Swiss project against President Gotabaya Rajapaksa should be examined taking into consideration accusations made at a media briefing chaired by Dr. Rajitha Senaratne a week before the Nov. 16, 2019 presidential election. The briefing was held in support of UNP presidential candidate Sajith Premadasa.

The SLPP presidential candidate was accused of ordering the killing of people and throwing their bodies into a crocodile-infested tank in the Moneragala district during his tenure as the Defence Secretary. At the same media briefing, the Mahinda Rajapaksa government was also accused of secretly moving 700 tonnes of gold from the North during and after the conclusion of the war.

When the lie backfired, the UNP called a media briefing at Sirikotha on Dec. 26, 2019. in support of Dr. Senaratne who was in hiding. Guess who was there to defend Dr. Senaratne? TNA heavyweight M.A. Sumanthiran, whose party, in 2001, declared the LTTE as the sole representative of the Tamil-speaking people. A few hours after the briefing, Dr. Senaratne, who arrived at Lanka Hospital, Narahenpita, got himself admitted. That case is pending in the Colombo High Court.



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Midweek Review

BASL fears next set of civil society representatives might be rubber stamps of NPP

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A group of officials from National Audit Office of Sri Lanka attend a capacity building programme in India

CC in dilemma over filling impending vacancies

Sajith Premadasa

Amidst a simmering row over the controversial move to have Deshabandu Tennakoon as the IGP at the time of crucial presidential election, Opposition Leader Sajith Premadasa alleged: “The Speaker sent a letter to the President, recommending the appointment of Deshabandu Tennakoon as IGP. He distorted the Constitutional Council ruling by interpreting the two abstaining votes of civil society members as votes against Deshabandu and used his casting vote to recommend Deshabandu as the Constitutional Council decision. It is on the basis of the Speaker’s letter that the President made the appointment. The Speaker has blatantly violated the Constitution

.”

Speculation is rife about a possible attempt by the ruling National People’s Power (NPP) to take control of the 10-member Constitutional Council (CC). The only way to take command of the CC is to appoint those willing to pursue the NPP agenda as civil society representatives.

Against the backdrop of the NPP’s failure to obtain CC’s approval to finalise the appointment of the Auditor General, the government seems hell-bent on taking control of it. Civil society representatives, namely Dr. Prathap Ramanujam, Dr. (Mrs.) Dilkushi Anula Wijesundere and Dr. (Mrs.) Weligama Vidana Arachchige Dinesha Samararatne, whose tenure is coming to an end in January, blocked President Anura Kumara Dissanayake’s nominee receiving the AG’s position. They took a courageous stand in the greater interest of the nation.

Chulantha Wickramaratne, who served as AG for a period of six years, retired in April 2025. Following his retirement, President Anura Kumara Dissanayake first nominated H.T.P. Chandana, an audit officer at the Ceylon Petroleum Corporation. The CC rejected the nomination. Subsequently, President Dissanayake appointed the next senior-most official at the National Audit Office (NAO) Dharmapala Gammanpila, as Acting Auditor General for six months. Then, the President nominated Senior Deputy Auditor General L.S.I. Jayarathne to serve in an acting capacity, but her nomination, too, was also rejected.

Many an eyebrow was raised when the President nominated O.R. Rajasinghe, the Internal Audit Director of the Sri Lanka Army, for the top post. As a result, the vital position remains vacant since 07 December. Obviously the overzealous President does not take ‘No’ for an answer when filling key independent positions with his minions

The Bar Association of Sri Lanka (BASL) in a letter dated 22 December, addressed to President Dissanayake, who is the leader of the NPP and the JVP, Prime Minister Dr. Harini Amarasuriya, Speaker Dr. Jagath Wickremaratne and Opposition Leader Sajith Premadasa emphasised their collective responsibility in ensuring transparency in the appointment of civil society representatives.

Cabinet spokesperson and Health and Media Minister, Dr. Nalinda Jayatissa, is on record as having emphasised the urgent need to finalise the appointment. Minister Jayatissa alleged, at the post-Cabinet media briefing, that the President’s nominations had been rejected without giving explanation by certain members, including three representatives of civil society.

Parliament, on 18 January, 2023, approved the former Ministry Secretary Dr. Ramanujam, former Chairperson of the Sri Lanka Medical Association Dr. Wijesundere, and Dr. Samararatne of the University of Colombo as civil society representatives to the CC.

They were the first post-Aragalaya civil society members of the CC. The current CC was introduced by the 21 Amendment to the Constitution which was endorsed on 31st of October, 2022, during a time of grave uncertainty. UNP leader Ranil Wickremesinghe, who had been elected by the SLPP to complete the remainder of ousted President Gotabaya Rajapaksa’s five-year term, sought to manipulate the CC. Wickremesinghe received the SLPP’s backing though they fell out later.

During Wickremesinghe’s tenure as the President, civil society representatives earned the wrath of the then Rajapaksa-Wickremesinghe government by refusing to back Deshabandu Tennakoon’s appointment as the IGP. The then Speaker Mahinda Yapa Abeywardena was accused of manipulating CC’s ruling in respect of Deshabandu Tennakoon to suit Wickremesinghe’s agenda.

Amidst a simmering row over the controversial move to have Deshabandu Tennakoon as the IGP, at the time of crucial presidential election, Opposition Leader Sajith Premadasa alleged: “The Speaker sent a letter to the President, recommending the appointment of Deshabandu Tennakoon as IGP. He distorted the Constitutional Council ruling by interpreting the two abstaining votes of civil society members as votes against Deshabandu and used his casting vote to recommend Deshabandu as the Constitutional Council decision. It is on the basis of the Speaker’s letter that the President made the appointment. The Speaker has blatantly violated the Constitution.”

The NPP realises the urgent need to neutralise the CC. The composition of the CC does not give the Opposition an opportunity to challenge the government if the next three civil society representatives succumb to political pressure. The Speaker is the Chairman of the CC. The present composition of the Constitutional Council is as follows: Speaker (Dr) Jagath Wickramaratne, ex-officio, PM (Dr) Harini Amarasuriya, ex-officio, Leader of the Opposition Sajith Premadasa, ex-officio, Bimal Rathnayake, Aboobucker Athambawa, Ajith P. Perera, Sivagnanam Shritharan, Dr Prathap Ramanujam, Dr Dilkushi Anula Wijesundere and Dr Dinesha Samararatne.

In terms of Article 41E of the Constitution, the CC meets at least twice every month, and may meet as often as may be necessary.

The failure on the part of the NPP to take over Office of the AG must have compelled them to explore ways and means of somehow bringing CC under its influence. The end of the current civil society members’ term, has given the government a chance to fill the vacancies with henchmen.

BASL’s letters that dealt with the appointment of civil society representatives to the CC and the failure to appoint AG, both dated 22 December, paint a bleak picture of the NPP that throughout the presidential and parliamentary polls last year assured the country of a system change. The NPP’s strategy in respect of filling the AG’s vacancy and possible bid to manipulate the CC through the appointment of civil society representatives reminds us of the despicable manipulations undertaken by previous governments.

An appeal to goverment

BASL seems convinced that the NPP would make an attempt to appoint its own to the CC. BASL has urged the government to consult civil society and professional bodies, including them, regarding the forthcoming vacancies in the CC. It would be interesting to examine the NPP’s strategy as civil society, too, would face daunting challenges in choosing representatives.

Civil society representatives are nominated by the Speaker by agreement of the Prime Minister and the Leader of the Opposition.

If consensus cannot be reached swiftly, it would cause further political turmoil at a time the country is experiencing an unexpected burden of dealing with the post-Cyclone Ditwah recovery process.

The term of non-ex-officio members of the Council is three years from the date of appointment. In terms of the Constitution, the civil society representatives should be persons of eminence and integrity who have distinguished themselves in public or professional life and who are not members of any political party. Their nominations should be approved by Parliament.

In spite of the NPP having an absolute 2/3 majority in Parliament, the ruling party is under pressure. The composition of the CC is a big headache for NPP leaders struggling to cope up with rising dissent over a spate of wrongdoings and a plethora of broken promises. The furore over the inordinate delay in finalising AG’s appointment has made matters worse, particularly against the backdrop of the BASL, Transparency International Sri Lanka Chapter and Committee on Public Finance, taking a common stand.

Having been part of the clandestine regime change project in 2022; Western powers and India cannot turn a blind eye to what is going on. Some Colombo-based foreign envoys believe that there is no alternative to the NPP and the government should be given the opportunity to proceed with its action plan. The uncompromising stand taken by the NPP with regard to the appointment of permanent AG has exposed the ruling party.

In the wake of ongoing controversy over the appointment of the AG, the NPP’s integrity and its much-touted vow to tackle waste, corruption, irregularities and mismanagement seems hollow.

The government bigwigs must realise that appointment of those who campaigned for the party at the presidential and parliamentary polls caused deterioration of public confidence. The appointment of ex-top cops Sharnie Abeysekera and Ravi Seneviratne with black marks as Director, CID and Secretary to the Ministry of Public Security and Parliamentary Affairs, eroded public confidence in the NPP administration.

A vital role for CC

The SLPP, reduced to just three lawmakers in the current Parliament, resented the CC. Having secured a near 2/3 majority in the House at the 2020 Parliamentary election, the SLPP made its move against the CC, in a strategy that was meant to strengthen President Gotabaya Rajapaksa’s hands at the expense of Parliament. Introduced in 2001 during Chandrika Bandaranaike Kumaratunga’s presidency, the 17th Amendment paved the way for the establishment of the CC. Those who wielded political power subjected the CC to critical changes through 18th, 19th and 20th amendments. Of them, perhaps, the 20th Amendment to the Constitution that had been passed in October 2020 is the worst. The SLPP replaced the CC with a Parliamentary Council. That project was meant to consolidate power in the Executive President, thereby allowing the appointment of key officials, like judges, the Attorney General, and heads of independent commissions.

People may have now forgotten the 20th Amendment removed civil society representatives from the so-called Parliamentary Council consisting of lawmakers who represented the interests of the government and the main Opposition. But such manipulations failed to neutralise the challenge (read Aragalaya) backed by external powers. The role played by the US and India in that project has been established and there cannot be any dispute over their intervention that forced Gotabaya Rajapaksa to flee the country.

Interestingly, Ranil Wickremesinghe, who had been picked by the SLPP to complete the remainder of Gotabaya Rajapaksa’s term, restored the CC through the passage of 21 Amendment on 31 October, 2022. Unfortunately, the NPP now wants to manipulate the CC by packing it with those willing to abide by its agenda.

It would be pertinent to mention that the 20th Amendment was aimed at neutralising dissent at any level. Those who formulated that piece of legislation went to the extent of proposing that the President could sack members appointed to the Parliamentary Council by the Prime Minister and the Opposition Leader without consulting anyone.

If not for the Aragalaya, the Parliamentary Council that didn’t serve any meaningful purpose could have paved the way for the President to fill all key positions with his nominees.

Recommendation of nominations to the President for the appointment of Chairpersons and Members of Commissions specified in the Schedule to Article 41B of the Constitution.

Commissions specified in the Schedule to Article 41B: The Election Commission, the Public Service Commission, the National Police Commission, the Audit Service Commission, the Human Rights Commission of Sri Lanka, the Commission to Investigate Allegations of Bribery or Corruption, the Finance Commission, the Delimitation Commission and the National Procurement Commission.

Approval/ Disapproval of recommendations by the President for the appointment to the Offices specified in the Schedule to Article 41C of the Constitution.

Offices specified in the Schedule to Article 41C: The Chief Justice and the Judges of the Supreme Court, the President and the Judges of the Court of Appeal, the Members of the Judicial Service Commission, other than the Chairman, the Attorney-General, the Governor of the Central Bank of Sri Lanka, the Auditor-General, the Inspector-General of Police, the Parliamentary Commissioner for Administration (Ombudsman) and the Secretary-General of Parliament.

NPP under pressure

In spite of having the executive presidency, a 2/3 majority in the legislature, and the bulk of Local Government authorities under its control, the NPP is under pressure. Their failure to muster sufficient support among the members of the Colombo Municipal Council (CMC) to pass its 2026 Budget underscored the gravity of the developing situation. The unexpected loss suffered at the CMC shook the ruling party.

But, the NPP faces a far bigger challenge in filling the AG’s vacancy as well as the new composition of the CC. If the NPP succeeds with its efforts to replace the current civil society representatives with rubber stamps, the ruling party may feel vindicated but such feelings are likely to be short-lived.

Having criticised the government over both contentious matters, the BASL may be forced to step up pressure on the government unless they can reach a consensus. It would be really interesting to know whether the government accepted the BASL’s request for consultations with the stakeholders. Unless consensus can be reached between the warring parties there is possibility of opening of a new front with the BASL and civil society being compelled to take a common stand against the government.

The developing scenario should be examined taking into consideration political parties and civil society confronting the government over the proposed Protection of the State from Terrorism Act (PSTA). Having promised to do away with the Prevention of Terrorism Act (PTA) in the run up to the presidential election, the NPP is trying to explain that it cannot do without anti-terrorism law. The civil society is deeply unhappy over the NPP’s change of heart.

The National Peace Council (NPP) that has been generally supportive and appreciative of the NPP’s efforts probably with the blessings of its benefactors in the West, too, has now found fault with the proposed PSTA. Dr. Jehan Perera, NPP’s Executive Director commented: “A preliminary review of the draft PSTA indicates that it retains core features of the PTA that have enabled serious abuse over decades. These include provisions permitting detention for up to two years without a person being charged before a court of law. In addition, the broad definition of terrorism under the draft law allows acts of dissent and civil disobedience to be labelled as terrorism, thereby permitting disproportionate and excessive responses by the state. Such provisions replicate the logic of the PTA rather than mark a clear break from it.”

Except the BASL, other professional bodies and political parties haven’t commented on the developing situation at the CC while taking into consideration the delay in appointing an AG. The issue at hand is whether the government intends to hold up AG’s appointment till the change of the CC’s composition in its favour. Whatever the specific reasons, a country that has suffered for want of accountability and transparency, enters 2026 without such an important person to guard against all types of financial shenanigans in the state.

All previous governments sought to influence the Office of the AG. The proposed establishment of NAO prompted the powers that be to undermine the effort. The Yahapalana administration diluted the National Audit Bill and what had been endorsed as National Audit Act, Nov. 19 of 2018 was definitely not the anti-corruption grouping originally proposed. That Act was amended this year but the Office of the AG remains vacant.

The NPP has caused itself immense harm by failing to reach consensus with the CC on filling the AG’s post. Unfortunately, the ruling party seems to be uninterested in addressing the issue expeditiously but is exploring the possibility of taking over control of the CC by stuffing it with civil society members favourable to the current ruling clique.

By Shamindra Ferdinando

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Midweek Review

Towards Decolonizing Social Sciences and Humanities

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‘Can Asians Think?’

I want to initiate this essay with several questions. That is, are we, in Sri Lanka and in our region, intellectually subservient to what is often referred to as the ‘West’? Specifically, can knowledge production in broad disciplinary areas such as social sciences and humanities be more creative, original and generated in response to local conditions and histories, particularly when it comes to practices such as formulating philosophy and theory as well as concepts and approaches? Why have we so far imported these from Western Europe and North America as has been the undisputed norm?

In exploring the responses and delving into this discussion, I will seek reference from the politics of the recently published book, Decolonial Keywords: South Asian Thoughts and Attitudes edited by Renny Thomas from the Department of Humanities and Social Sciences at the Indian Institute of Science Education and Research – Bhopal and me. The book was brought out by Delhi-based Tulika Publishers in December 2025.

Let me first unpack my anxiety over theory and philosophy, which I have talked about many times previously too. Any social science or humanities text we read here or elsewhere in South Asia invariably borrows concepts, theories and philosophical input generated mostly in Western Europe and North America. It almost appears as if our region is incapable of serious and abstract thinking.  It is in this same context, but specifically with reference to India that Prathama Banerjee, Aditya Nigam and Rakesh Pandey have observed in their critical essay, ‘The Work of Theory Thinking across Traditions’ (2016), that for many “theory appears as a ready-made body of philosophical thought, produced in the West …” They argue, “the more theory-inclined among us simply pick the latest theory off-the-shelf and ‘apply’ it to our context, notwithstanding its provincial European origin, for we believe that ‘theory’ is by definition universal.”

Here, Banerjee et al make two important points. That is, there is an almost universal acceptability in the region that ‘theory’ is a kind of philosophical work that is exclusively produced in the West, followed by an almost blind and unreflective readiness among many of us to simply apply these ideas to local contexts. In doing so, they fail to take into serious consideration the initial temporal and historical contexts in which these bodies of knowledge were generated.  However, theory or philosophy is not universal.

This knowledge is contextually linked to very specific social, political and historical conditions that allowed such knowledge to emanate in the first place. It therefore stands to reason that such knowledge cannot be applied haphazardly/ willy-nilly anywhere in the world without grave consequences.  Of course, some ideas can be of universal validity as long as they are carefully placed in context. But to perceive theory or philosophy as all-weather universals is patently false even though this is the way they are often understood from universities to segments within society in general.  This naiveté is part of the legacy of colonialism from which these disciplines as well as much of their theoretical and philosophical structures have been bequeathed to us.

It is in this context that I would like to discuss the politics our book, Decolonial Keywords: South Asian Thoughts and Attitudes entail. Here, thirty South Asian scholars from across disciplines in social sciences and humanities have come together to “discuss words and ideas from a variety of regional languages, ranging from Sinhala to Hebrew Malayalam” encapsulating “the region’s languages and its vast cultural landscape, crossing national borders.” To be more specific, these languages include Assamese,  Arabic-Malayalam, Bengali, Hebrew Malayalam, Hindi, Nepali, Sanskrit, Sinhala, South Asian uses of English, Tamil-Arabic, Tamil, Urdu and concepts from indigenous languages of Nagaland and Arunachal Pradesh.

Each chapter, focuses on a selected word and “reiterates specific attitudes, ways of seeing and methods of doing that are embedded in the historical and contemporary experiences of the region” keeping in mind “the contexts of their production and how their meanings might have changed at different historical moments.”

In this exploration, the volume attempts to understand “if these words and concepts can infuse a certain intellectual rigour into reinventing social sciences and humanities in the region and beyond.” In short, what we have attempted is to offer a point of departure to a comprehensive and culturally, linguistically and politically inclusive effort at theory-building and conceptual fine-tuning based on South Asian experiences and histories.  We assume these concepts from our region might be able to speak to the world in the same way schools of thought in politically dominant regions of the world have done so far to us. This is a matter of decolonizing our disciplines. But it is still not a claim for universality. After all, our main focus is to come up with a body of conceptual categories that might be useful in reading the region.

When Sri Lankan social sciences and humanities as well as the same disciplines elsewhere in the region thoughtlessly embrace knowledges imported in conditions of unequal power relations, it can never produce forums for discourse from which we can speak to the world with authority.  In this book, Thomas and I have attempted, as an initial and self-conscious effort, to flip the script on theory-building and conceptualization in social sciences and humanities in South Asia in the region’s favour.

We are however mindful that this effort has its risks, intellectually speaking.  That is, we are conscious this effort must be undertaken without succumbing to crude and parochial forms of nativism that are also politically powerful in the region including in Sri Lanka and India. This book presents an array of possibilities if we are serious about decolonizing our social sciences and humanities to infuse power into the discourses we generate and take them to the world instead of celebrating our parochiality like the proverbial frog in the well. Unfortunately, more often than not, we are trained to be intellectually subservient, and mere followers, not innovators and leaders bringing to mind the polemical title of Kishore Mahbubani’s 2002 book, Can Asians Think?

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Midweek Review

The ever-changing river: Chandana Ruwan Jayanetti’s evolving poetic voice

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Poems from Galle , by Chandana Ruwan Jayanetti, was launched on December 20 at Dakshinapaya, the auditorium of the Chief Ministry of the Southern Provincial Council, Labuduwa, Galle. Head table at the launch (from left): author Jayanetti; Minister of Buddhasasana, Religious and Cultural Affairs Dr. Hiniduma Sunil Senevi; Emeritus Professor Rajiva Wijesinha; and renowned poet, lyricist, and literary figure Dr. Rathna Sri Wijesinghe.

It is said that no man steps into the same river twice, for it is not the same river, and he is not the same man. These words came to mind upon reading Chandana Ruwan Jayanetti’s latest poetry collection, Poems from Galle, which inevitably invites comparison with his earlier work, particularly his first volume of poetry and prose, Reflections in Loneliness: A Collection of Poems and Prose (2015).

In this new collection, Jayanetti is demonstrably not the same poet he was a decade ago. His horizons have widened. his subject matter has diversified, and his thematic range has deepened. The earlier hallmarks of his work, including his empathetic attention to human experience, sensitivity to the natural world, and intimate, reflective tone, remain present. Yet they are now complemented by a stronger defiance, a more deliberate engagement with the political and the cosmic, and a broader mosaic of local and universal concerns. His poetic voice has evolved in scope, tonal range, and thematic ambition.

My own acquaintance with Jayanetti’s poetry dates back to our undergraduate days at Sabaragamuwa University of Sri Lanka, where we were classmates pursuing a BA in Languages (English Special). Even then, his work revealed precise observational skill coupled with profound sympathy for individuals. This early sensibility found fuller articulation in Reflections in Loneliness, a collection spanning nearly two decades of creative endeavor.

That inaugural volume traversed a wide thematic landscape: childhood memories; tender compassion toward humans and animals; tributes to the deserving; the joys and sorrows of young love; and reflections on Sri Lanka’s three-decade Northeast conflict, which concluded in 2009. Jayanetti’s verse, written with sincerity and empathy, moves fluidly from deeply personal to universally human. Moments of striking poignancy include the loss of his wife’s mother, the death of a young friend who marched unflinchingly to the warfront, and the bittersweet parting from a lover.

The prose section of Reflections in Loneliness offered a return to the rural simplicity of the 1970s and ’80s through the perspective of a schoolboy. Essays such as We Buy a Bicycle, Television Descends, The Village Goes to the Fair, Bathing Excursions and Hingurakanda evoke a bygone era with unvarnished authenticity. As literary critic Kamala Wijeratne noted, Jayanetti’s prose merited commendation for its perceptive and affectionate portrayal of rural life, written with the authority of lived experience. His meticulous attention to minute details revealed not only the flaws and frailties of human nature but also its loyalties and quiet virtues, articulated with unforced sympathy.

Consisting of 31 poems and five prose pieces, Reflections in Loneliness established Jayanetti as a writer of elegance, precision, and emotional depth. The current collection, however, confirms the Heraclitean and Buddhist insights: both the poet and his poetry have changed. The new work reflects an expansion from the personal to the cosmic, from the intimately local to the globally resonant, a testament to an artist in motion, carried forward by the ever-changing current of his creative life.

Jayanetti’s poetic corpus in the new book Poems from Galle, spanning thirty-five evocative works from They Heard the Cock Crow to A Birthday Celebration, reveals a profound and consistent artistic signature rooted in themes of humanity, nature, history, and social consciousness. Throughout these poems, Jayanetti demonstrates a distinctive voice that is simultaneously empathetic, contemplative, and alert to the complexities of his Sri Lankan heritage and the broader human condition. While maintaining a core of thematic and tonal consistency, each poem enriches this foundation by expanding into new dimensions of experience, whether personal, ecological, political, or historical.

A foundational element of Jayanetti’s poetry is the intimate relationship between humans and nature, frequently underscored by a deep ethical awareness. In poems like From a Herdman’s Life and My Neighbor, he gives voice to the quiet dignity of rural existence and animal companionship, portraying a symbiotic bond imbued with mutual care and respect. Similarly, Fallen Elephant and Inhumanity lament the cruelty inflicted upon majestic creatures, indicting human greed and violence. These poems articulate not only empathy for the natural world but also an implicit call for stewardship, threading a moral sensibility throughout the collection.

This concern extends to the socio-political sphere, as Jayanetti often situates his poems within the fraught realities of Sri Lanka’s history and struggles. Homage to Sir Henry Pedris honors a national martyr, while Confession of a Sri Lankan Cop exposes institutional corruption and personal integrity in tension. Hanuma Wannama and Gone Are They tackle political violence and social upheaval, reflecting the poet’s engagement with national trauma and collective memory. These works enrich the thematic landscape by connecting personal narrative to larger historical forces.

Jayanetti’s choice of subjects is remarkably diverse yet unified by a focus on lived experience—ranging from the intimate (To a Puppy That Departed, Benji) to the grand (Mekong, A Voyage). The poet’s attention to place, whether the Sri Lankan cityscape in City Morning and Evening from the College Terrace or the historic Ode to Galle Fort, anchors his work in locality while evoking universal themes of time, change, and belonging. Even poems centered on seemingly mundane moments, such as Staff Meeting or A Game, are elevated by the poet’s keen observational eye and capacity to find meaning in everyday rituals.

Moreover, Jayanetti often draws from historical and cultural memory, as seen in Ludowyk Remembered, Let Ho Chi Minh Guide You, and Rathna Sri Remembered, positioning his poetry as a dialogue between past and present. This choice expands his thematic range to include legacy, identity, and the power of remembrance, linking the individual to the collective consciousness.

Across the collection, Jayanetti’s tone is marked by a blend of gentle empathy and quiet strength. Poems such as A Companion Departed and To a Puppy That Departed convey tenderness and mourning with understated poignancy. His voice is intimate and accessible, inviting readers into personal reflections suffused with emotional depth.

Yet, this empathy is balanced by moments of stark realism and defiance.

In Corona and Hanuma Wannama, the tone shifts to urgent and accusatory, critiquing social injustice and political decay. A Ship Weeps mourns environmental devastation with an elegiac voice that is both sorrowful and admonitory. This tonal range reveals a poet capable of both consolation and confrontation, who embraces complexity rather than sentimentality.

While many poems explore specific moments or relationships, others invite contemplation on broader existential and cosmic themes. For instance, A Voyage and Mekong traverse spatial and temporal boundaries, evoking the interplay between human journeys and natural cycles. A Birthday Celebration reflects on legacy, learning, and the continuum of knowledge, blending personal homage with universal insight.

Even poems like A Bond and A Game gesture toward symbolic resonance, the former exploring interspecies loyalty as a metaphor for fidelity and duty, the latter invoking sport as a microcosm of life’s challenges and hopes. These works demonstrate Jayanetti’s ability to expand familiar motifs into metaphoric and philosophical territory, enriching his poetic landscape.

Jayanetti’s thirty-five poems in Poems from Galle collectively reveal a consistent and compelling artistic signature that intertwines compassionate engagement with nature and society, a profound sense of place, and an acute awareness of history and memory. His voice navigates seamlessly between moments of intimate reflection and urgent social commentary, creating a poetic landscape that resonates with both specificity and universality.

Each poem adds a distinct dimension to this mosaic. Historical and political awareness emerges strongly in poems like Let Ho Chi Minh Guide You and Homage to Sir Henry Pedris, where the sacrifices of national heroes and struggles for justice are evoked with reverence and clarity. Meanwhile, environmental consciousness is vividly articulated in works such as Abandoned Chena, Kottawa Forest, and Fallen Elephant, where the fragility of ecosystems and the human impact on nature are poignantly explored.

Jayanetti also delves deeply into themes of personal loss and companionship in poems like Benji, A Companion Departed, and In Memory of Brownie, tenderly capturing the bond between humans and animals. Poems like Confession of a Sri Lankan Cop and Hanuma Wannama offer raw social critique, revealing layers of political and moral complexity.

Through this interplay of historical, environmental, personal, and political themes, Jayanetti constructs a body of work that is distinctly Sri Lankan in its cultural and geographical grounding yet profoundly universal in its exploration of human experience. His poetry invites readers to reflect on the interconnected fates of humans, animals, and the natural world, urging a deeper awareness of our shared existence and responsibilities.

by Saman Indrajith

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