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New laws by govt. without legitimacy require more consensus

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by Jehan Perera

The government is proceeding at speed on its course of legislative activism with regard to economic, reconciliation and security matters. Its ability to do so comes from its majority in parliament. Due to this majority in parliament won at the general elections of 2020, the government is in a position to get its way. However, the government’s legitimacy and moral right to rule and make such reforms has been in question after the economy was brought to its knees in 2021 by the misguided policies of the previous government, and government leaders had to resign from office or flee their homes. In the context of the second world war, the Soviet leader Josef Stalin was said to have asked how many divisions did the Pope have. The reality is that the power of the present government depends on its legal power, not moral power. The present tendencies nearly everywhere in the world is that the sword is mightier than the pen.

These days it seems that morality and power are often taken to be opposites, with morality grounded in the common good, and power located in self-interest. The government’s legal power to rule will remain unchallenged so long as elections are postponed as they have been or not held at all as quite often speculated. Among the new laws that the government is rushing through parliament are ones that will strengthen the coercive arms of the state and make it costly for people to protest against it. Heading this list of laws is the Anti-Terrorism Bill, which makes a wide range of actions, including media freedom and economic strike actions, liable to fall within the domain of terrorism. Not far behind are repressive laws such as the Online Safety Bill, which is being justified by government leaders as intended to protect women and children from intrusive social media, but which will impact on freedom of speech and expression on social media.

The case of another new law that has been gazetted and will be taken up in parliament in the coming weeks is the Truth, Unity and Reconciliation Commission. The objective of this institution would be to promote reconciliation. The participation of opposition political parties, especially the ethnic and religious minority parties is extremely important when it comes to reconciliation. Or else it is like clapping with one hand. It is also a matter for concern that the draft law with respect to the Truth, Unity and Reconciliation Commission (TURC) has been prepared and gazetted even before the submission of the report of the Presidential Commission of Inquiry to investigate the findings of preceding Commissions and Committees headed by Justice A H M D Nawaz.

MINIMAL CONSULTATIONS

In the synopsis of the Nawaz Commission report issued in February last year, the Commissioners referred to a Truth and Reconciliation Commission of Sri Lanka and stated that the contours of the commission would be set out in due course when the Final Report was submitted. The government’s urgency in rushing through with the law pertaining to the TURC, without even waiting for the Nawaz Commission to submit its report, and with only minimal consultation with opposition political parties and civil society suggests a motivation that goes beyond reconciliation. There seems to be a desire to obtain the support of the international community by producing the TURC law, even though it may not have the support from the aggrieved ethnic and religious minorities for whom it is meant.

This week the government will be taking up the ONUR bill for debate after which it will be enacted as law. The bill proposes to establish an Office for National Unity and Reconciliation which can play a role in coordinating all reconciliation matters taken up by the government. There are commendable objectives outlined in the ONUR bill, such as promoting national unity and peaceful coexistence, which require dialogue and negotiation among representatives of diverse communities in Sri Lanka, both in civil and political societies. Unfortunately, as in the case of the Truth, Unity and Reconciliation Commission (TURC) there has been little or no effort to engage in public discussion on it regarding its content or to educate the general public about the need for it.

There are three problem areas that need to be addressed in the ONUR bill. Appointments to the ONUR Board would be appointments by the Minister under whose purview the institution comes. The minister is empowered to recommend the appointment of 11 members who will have terms of 3 years, while the chairperson has no time limit, which is inadvisable. There is a need for a more multi-partisan method of appointments to ensure that those appointed represent the diversity of ethnic and religious groups and socio-cultural interests. It is reported that a committee stage amendment has been proposed for appointment of these members to be done by the Constitutional Council which is to be welcomed.

WHITE ELEPHANTS

ONUR is expected to play a central role in the national reconciliation process that brings together all the independent reconciliation mechanisms. Therefore, it would be advisable that appointments to the ONUR board should include ex-officio representatives from the Office of Missing Persons, Office of Reparations, NGO Secretariat and the Truth, Unity and Reconciliation Commission which is soon to be established. This will ensure that all the reconciliation institutions share a common vision and are informed of the work that is being done by each of them. There is also a need to ensure representation from civil society to ensure that the perspectives of affected communities and victims are considered and acted upon.

The role given to ONUR to be prescriptive vis a vis civil society by virtue of the power “to guide and facilitate peace and reconciliation programmes conducted by local organisations including community based organisations” is a third concern. This authority to monitor and review the work of civil society raises concerns about the prospect of government heavy-handedness in the context of the possible politicisation for narrow and partisan purposes of national reconciliation policy and actions. The new law needs to be clear that the government will not direct civil society to follow its guidelines, but can “assist and facilitate” them to do so. National reconciliation cannot be enforced from the top down. It needs to be a voluntary process involving all ethnic and religious communities.

There is a need to draw civil society and elected political representatives into the discussion about the new institutions on reconciliation. Prior to the passage of the new laws, the government needs to engage with opposition political parties, particularly those representing minority ethnic and religious communities, as well as civil society, to establish a multi-partisan consensus, encompassing pluralistic values on the path to make this a true reconciliation process for national unity. Unless the new reconciliation institutions are based on consensus rather than set up by a majority vote in parliament, they will end up as being akin to white elephants, non-functional, adding burdens on the government’s finances and further eroding faith in the reconciliation process.



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Mannar’s silent skies: Migratory Flamingos fall victim to power lines amid Wind Farm dispute

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Victims: Flamingos / Birds found dead in Mannar

By Ifham Nizam

A fresh wave of concern has gripped conservationists following the reported deaths of migratory flamingos within the Vankalai Sanctuary—a globally recognised bird habitat—raising urgent questions about the ecological cost of large-scale renewable energy projects in the region.

The incident comes at a time when a fundamental rights petition, challenging the proposed wind power project, linked to India’s Adani Group, remains under examination before the Supreme Court, with environmental groups warning that the very risks they highlighted are now materialising.

At least two flamingos—believed to be part of the iconic migratory flocks that travel thousands of kilometres to reach Sri Lanka—were found dead after entanglement with high-tension transmission lines running across the sanctuary. Another bird was reportedly struggling for survival.

Professor Sampath Seneviratne, a leading ornithologist, expressed deep concern over the development, noting that such incidents are not isolated but indicative of a broader and predictable threat.

“These migratory birds depend on specific flyways that have remained unchanged for centuries. When high-risk infrastructure, like poorly planned power lines, intersect these routes, collisions become inevitable,” he said. “What we are witnessing now could be just the beginning if proper mitigation measures are not urgently implemented.”

Environmentalists argue that the Mannar region—particularly the Vankalai wetland complex—is one of the most critical stopover sites in South Asia for migratory waterbirds, including flamingos, pelicans, and various species of waders. The sanctuary’s ecological value has also supported a niche with growing eco-tourism sector, drawing birdwatchers from around the world.

Executive Director of the Centre for Environmental Justice, Dilena Pathragoda, said the incident underscores the urgency of judicial intervention and stricter environmental oversight.

“This tragedy is a direct consequence of ignoring scientifically established environmental safeguards. We have already raised these concerns before court, particularly regarding the location of transmission infrastructure within sensitive bird habitats,” Pathragoda said.

“Renewable energy cannot be pursued in isolation from ecological responsibility. If due process and proper environmental impact assessments are bypassed or diluted, then such losses are inevitable.”

Conservation groups have long cautioned that the installation of wind turbines and associated grid infrastructure—especially overhead transmission lines—within or near sensitive habitats could transform these landscapes into lethal zones for avifauna.

An environmental activist involved in the ongoing legal challenge said the latest deaths validate earlier warnings.

“This is exactly what we feared. Development is necessary, but not at the cost of biodiversity. When projects of this scale proceed without adequate ecological assessments and safeguards, the consequences are irreversible,” the activist stressed.

The debate has once again brought into focus the delicate balance between renewable energy expansion and biodiversity conservation. While wind energy is widely promoted as a clean alternative to fossil fuels, experts caution that “green” does not automatically mean “harmless.”

Professor Seneviratne emphasised that solutions do exist, including rerouting transmission lines, installing bird diverters, and conducting comprehensive migratory pathway studies prior to project approval.

“Globally, there are well-established mitigation strategies. The issue here is not the absence of knowledge, but the failure to apply it effectively,” he noted.

The timing of the incident is particularly worrying. Migratory flamingos typically remain in Sri Lanka until late April or May before embarking on their return journeys. Conservationists warn that if hazards remain unaddressed, larger flocks could face similar risks in the coming weeks.

Beyond ecological implications, experts also highlight potential economic fallout. Wildlife tourism—especially birdwatching—contributes significantly to local livelihoods in Mannar.

 Repeated reports of bird deaths could deter eco-conscious travellers and damage the region’s reputation as a safe haven for migratory species.

Environmentalists are now calling for immediate intervention by authorities, including a temporary halt to high-risk operations in sensitive zones, pending a thorough environmental review.

They stress that protecting animal movement corridors—whether elephant migration routes or avian flyways—is a fundamental pillar of modern conservation.

As the controversy unfolds, one question looms large: can Sri Lanka pursue sustainable energy without sacrificing the very natural heritage that defines it?

Pathragoda added that for now, the sight of fallen flamingos in Mannar stands as a stark reminder that development, if not carefully planned, can carry a heavy and irreversible cost.

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‘Weaponizing’ religion in the pursuit of power

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President Donald Trump; miscalculating in M-E / Ayatollah Khomeini; Architect of Iranian Revolution

A picture of US President Donald Trump apparently being prayed for by supporters, appearing in sections of the international media, said it all loud and clear. That is, religion is being flagrantly leveraged or prostituted by politicians single-mindedly bent on furthering their power aspirations.

Although in the case of the US President the trend took on may be an exceptionally graphic or dramatic form, the ‘weaponizing’ of religion is nothing particularly new, nor is it confined to only religiously conservative sections of the West. For example, in South Asia it is an integral part of politics. The ‘South Asian Eight’ are notorious for it and it could be unreservedly stated that in Sri Lanka, the latter’s ethnic conflict would be more amenable to resolution if religion was not made a potent weapon by ambitious politicians of particularly the country’s South.

The more enlightened sections of Christian believers in the US may not have been able to contain their consternation at the sight of the US President apparently being ‘blessed’ by pastors claiming adherence to Christianity. Any human is entitled to be blessed but not if he is leading his country to war without exhausting all the options at his disposal to end the relevant conflict by peaceful means.

More compounded would be his problem if his directives lead to the death of civilians in the hundreds. In the latter case he is stringently accountable for the spilling of civilian blood, that is, the committing of war crimes.

However, the US along with Israel did just that in the recent bombings of Iran, for instance. The majority of the lives lost were those of civilians. If the US President is endowed with a Christian conscience he would have paused to consider that he is guilty of ordering the taking of the life of another human which is forbidden in the teachings of Jesus Christ.

Moreover, the ‘pastors’ praying over the US President should have thought on the above lines as well. May be they were in an effort to curry the President’s favour which is as blame-worthy as legitimizing in some form the taking of civilian lives. Apparently, the realisation is not dawning on all Christian conservatives of the US that some of these ‘pastors’ could very well be the proverbial false prophets and the latter are almost everywhere, even in far distant Sri Lanka.

However, the political reality ‘on the ground’ is that the Christian Right is a stable support base of the Republican Right in the US. Considering this it should not come as a surprise to the seasoned political watcher if the Christian Right, read Christian fundamentalists, are hand-in-glove, so to speak, with President Trump. But it is a scathing indictment on these rightist sections that they are all for perpetrating war and destruction and not for the fostering of peace and reconciliation. Ideally, they should have impressed on their President the dire need to make peace.

That said, political commentators should consider it incumbent on themselves to point out that religion is being ‘weaponized’ in Iran as well. Theocratic rule in Iran has been essentially all about perpetuating the power of the clerical class. The reasons that led to the Islamic Revolution in Iran are complex and the indiscreet Westernization of Iran under the Shah dynasty is one of these but one would have expected Iran to develop from then on into a multi-party, pluralistic democratic state where people would be enjoying their fundamental rights, as enshrined in the Universal Declaration of Human Rights, for example.

Moreover, Iran should have taken it upon itself to be a champion of world peace, in keeping with its Islamic credentials. But some past regimes in Iran had vowed to virtually bomb Israel out of existence and such regional policy trajectories could only bring perpetual conflict and war. Considering the current state of the Middle East it could be said that the unfettered playing out of these animosities is leading the region and the world to ‘reap the whirlwind’, having recklessly ‘sowed the wind’.

However, religious fundamentalism-inspired conflict and war has spread well beyond the Middle East into almost every region since 1979, the year of the Islamic Revolution in Iran. So much so, knowledgeable opinion now points out that religious identity has come to replace nationalism as a principal shaper of international politics or “geopolitics”, as quite a few sections misleadingly and incorrectly term it.

Elaborating on the decisive influence of religious identity, the well known and far traveled Western journalist Patrick Cockburn says in his authoritative and comprehensive book titled, ‘The Age of Jihad – Islamic State and the Great War for the Middle East’ at page 428 in connection with the war in Chechnya ; ‘If nationalism was not entirely dead, it no longer provided the ideological glue necessary to hold together and motivate people who were fighting a war. Unlike the Islamic faith, it was no longer a belief or a badge of identity for which people would fight very hard.’ (The book in reference was published by VERSO, London and New York).

In his wide coverage of Jihadist Wars the world over Cockburn goes on to state that today a call from a cleric could motivate his followers to lay down no less than their lives for a cause championed by the former. The 9/11 catastrophe alone should convince the observer that this is indeed true.

However, as often pointed out in this column, there is no alternative but to foster peace and reconciliation if a world free of bloodshed and strife is what is being sought. Fortunately we are not short of illustrious persons from the East and West who have shone a light on how best to get to a degree of peace. Besides Mahatma Gandhi of India, who was the subject of this column last week, we have former President of Iran Mohammad Khatami, who made a case for a ‘Dialogue of Civilizations’ rather than a ‘Clash of Civilizations’.

The time is more than ripe to take a leaf from these illustrious personalities, for, the current state of war in the Middle East has raised the possibility of a war that could transcend regional boundaries. The antagonists are obliged to exhaust all the peaceful options with the assistance of the UN system. Besides, war cannot ever have the blessings of the sane.

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Venerable Rahula Thera’s 35-year green mission and national Namal Uyana

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Venerable Rahula Thera

It was 35 years ago, on March 28, 1991, that Venerable Rahula Thera, then a young monk, embarked on a journey to the Na forest in Ulpathagama, Palagama, in the Anuradhapura District. Today, three and a half decades later, this mission stands as living proof of the enduring bond between Buddhist philosophy and the natural world.

Marking the 35th year of this green mission, Rahula Thera’s relentless dedication has transformed the National Namal Uyana into an environmental landmark admired not only across Sri Lanka but around the globe, as well.

When studying the life of Venerable Rahula Thera, one cannot ignore the profound connection between Buddhism and the environment. Buddhism is a philosophy deeply attuned to nature. The historical use of the sacred “Na Ruka” by all four Buddhas: Mangala Buddha, Sumana Buddha, Revata Buddha, and Sobhita Buddha — for enlightenment —demonstrates that from time immemorial, Buddhism has maintained a sacred bond with the Na tree. From the birth of Siddhartha to his enlightenment, the propagation of the Dharma, and even the great Parinirvana, all of these milestones unfolded in verdant, living landscapes.

Venerable Rahula Thera did not embark on the Namal Uyana mission seeking government support or personal gain. His commitment sprang from a deep devotion to the Buddha’s teachings on grove cultivation. A grove cultivator is one who spreads compassion for nature. As the Vanaropa Sutta teaches:

Venerable Rahula Thera reclaimed Namal Uyana which was then under the control of timber smugglers and treasure hunters. The term “Wanawasi” does not merely mean living in a forest; it signifies finding rest and enlightenment through nature, free from the destructive roots of greed, sin, and delusion.

Another defining aspect of Venerable Rahula Thera’s 35-year mission is the purification of the human mind. He has consistently taught the thousands who visit Namal Uyana that a person who loves a tree will never harm another human being. As the Dhamma proclaims:

It is important to remember that Venerable Rahula Thera devoted his life, without fear, speaking the truth and taking necessary action, tirelessly advancing the national mission he began. From 1991 to the present, he has worked with every government elected by the people, maintaining impartiality and independence from political ideology. Yet, he never hesitated to raise his voice fearlessly against any individual, of any rank or party, who committed wrongdoing.

Religious and Social Mission

The National Namal Uyana is not merely a forest; it is a magnificent heritage site, dating back to ancient times. Scattered across the landscape are boundary walls, the remains of ancient monastery complexes, and stone carvings believed to date back to the reign of King Devanampiyatissa. In earlier centuries, this sacred land had served as a meditation sanctuary for hundreds of monks. The name “National Namal Uyana,” by which this ecological and archaeological treasure is known today, was introduced by Venerable Rahula Thera in 1991. The government’s later recognition of the site as the National Namal Uyana stands as a significant achievement for both religion and national heritage.

Venerable Rahula Thera is a monk who has lived a life of renunciation. A striking example of this is his decision not to assume the position of Chief Incumbent of the National Namal Uyana Viharaya, instead entrusting the temple to the Ramanna Nikaya and its trustees. In doing so, he set a precedent for the contemporary Sangha. The Thera himself stated that he was merely the trustee of Namal Uyana, not its owner.

Legacy and Continuing Inspiration

The 35th anniversary of Venerable Wanawasi Rahula Thera’s arrival at Namal Uyana is not merely the commemoration of a period of time; it is a message of nature to future generations. Through his work, the Thera revived the ancient Hela tradition of loving trees and venerating the environment as something sacred. This religious and environmental mission remains unforgettable.

The revival experienced by Namal Uyana, after the arrival of Venerable Wanawasi Rahula Thera, is beyond simple description. Some of the major accomplishments achieved under his leadership include:

* Securing and protecting the largest Rose Quartz (Rosa Thirivana) reserve in South Asia.

* Restoring the Na forest spread across hundreds of acres, providing shelter to numerous rare plants and animal species.

* Transforming the area into a living centre for environmental education, offering practical learning experiences for thousands of schoolchildren and university students.

* Drawing the attention of world leaders and international environmentalists to Sri Lanka’s unique environmental heritage.

In recognition of his immense contribution to environmental conservation, Venerable Rahula Thera was honoured with the Presidential Environment Award and the Green Award in 2004—a significant moment in his life. Yet the Thera himself has always remained devoted to the work rather than the recognition it brings, making such appreciation even more meaningful.

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