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THE ANNIVERSARY THAT EVERYONE FORGOT

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Promulgation of the first Republican Constitution at the Navarangahala in 1972.

by Dr Nihal Jayawickrama

Last week, the 22nd of May was the 52nd anniversary of the Republic of Sri Lanka. It was an event that everyone appears to have forgotten. There was no mention of it in any of the newspapers. It was not a national holiday. The government did not choose even to hoist the national flag. Our neighbour, on the other hand, celebrates its Republic Day, 26 January 1950, with spectacular cultural and military pageantry, while also marking August 15th as Independence Day. What was the reason for the government’s reticence? Was it because Article 8 of the Constitution that President J.R. Jayewardene caused to be enacted in 1978 states that the National Day of the Republic of Sri Lanka shall be the 4th of February?

On 12th May 1946, King George VI, by an Order-in-Council issued at the Court of Buckingham Palace, provided a Constitution “for the Island of Ceylon”, (which incidentally was drafted in Ceylon by a Ceylonese under the direction of D.S. Senanayake, Chairman of the Board of Ministers of the State Council) and expressed the “sympathy” of His Government “with the desire of the people of Ceylon to advance towards Dominion status”. It expressed “the hope of His Majesty’s Government that the new Constitution will be accepted by the people of Ceylon with a determination so to work it that in a comparatively short space of time such Dominion status will be evolved”.

The people of Ceylon did not fail His Majesty. On 10th December 1947, a Bill passed by Parliament to which he assented provided that “As from the appointed day His Majesty’s Government in the United Kingdom shall have no responsibility for the government of Ceylon”, and “Ceylon shall be included in the definition of ‘Dominion’ in British statutes”. The appointed day was 4th February 1948. It was on that day that Ceylon graduated from a “colony” of the United Kingdom into a “dominion”. It is that day that the 1978 Constitution has decreed to be our “National Day”.

Contrast that with the events that followed the general election of 1970. On 19th July 1970, the elected members of the House of Representatives met, not in the premises of Parliament, but at Navarangahala, a theatre hall, on the invitation of Prime Minister Sirima Bandaranaike, and proclaimed themselves the Constituent Assembly. In the months that followed, under the direction of the Minister of Constitutional Affairs, Dr Colvin R.de Silva, they proceeded to draft and agree upon the text of a new Constitution. On 22nd May 1972, in the presence of a large gathering that included the Judges of the Court of Final Appeal and of the Supreme Court, the adoption and enactment of the new Constitution was certified, and the Free, Sovereign, and Independent Republic of Sri Lanka came into existence.

What took place on 22nd May 1972 was an exercise in autochthony. The government of the day had a comfortable two-third majority in the House of Representatives. With that majority, the government could have proceeded in the conventional manner and established a Republic and adopted a new Constitution through Parliament. That was the path followed by other British colonial territories, including India. But, for the architect of the Constitution, it was the severance of every link between the British Crown and Ceylon that was fundamental. For him, it was unthinkable that the Dominion of Ceylon should declare itself a Republic through the exercise of powers granted by the British Crown through the 1946 Order-in-Council issued from Buckingham Palace. As the new Constitution declared at the outset, sovereignty is in the People and is inalienable. Sovereignty no longer flowed from the British Crown.

From the perspective of Dr. Colvin R. de Silva, it was through an essentially revolutionary process that the people of Ceylon should completely sever their connections with the British monarchy. However, in or about August 1970, information began trickling in of unusual activities in and around jungles and of secret classes on how to stage a revolution in 24 hours. Posters exhorting the “wealthless mass” to rise against the government next appeared with a chilling suddenness. In early 1971, the police began reporting the discovery of large quantities of gunpowder and potassium nitrate, detonators, and dynamite coils. Then, on 5th April 1971, like a whiplash in all its fury, the JVP insurgency broke out.

In May 1971, the Attorney-General informed me (I was then Permanent Secretary to the Justice Ministry) that he might eventually have to file an indictment against the JVP leadership charging them under section 115 of the Penal Code with having conspired to wage war against the Queen. That section also made it an offence to “conspire to deprive the Queen of the sovereignty of Ceylon”, an act that the Constituent Assembly appeared to be then engaged in! An enterprising defence counsel could perhaps argue that section 115 had consequently fallen into disuse.

Another problem also surfaced. Mr. C. Suntheralingam, former MP and member of the first Cabinet of Ceylon, applied to the Supreme Court for a permanent injunction to restrain the Prime Minister and her Cabinet from continuing with the proceedings of the Constituent Assembly. He argued that irremediable mischief would be caused to his rights and privileges “if certain people who had met at a certain place outside Parliament were to proceed to adopt a new constitution for the country”.

The bench of two judges held that unless and until the proposed new constitution was established, or purported to be established, the question whether his rights and privileges had been infringed or prejudiced did not arise for decision. As a precautionary measure, arrangements were accordingly made for the Judges of the Court of Final Appeal and of the Supreme Court to be the first to be escorted from the Navarangahala to the renamed President’s House to enable them to take their oaths of office under the new Constitution.

Dr Colvin R.de Silva was uncompromising; nothing would divert him from his revolutionary journey. It is to him, and to him alone, that the credit for that bold, idealistic, even romantic exercise in autochthony must go. Even Mr. J.R. Jayewardene, the Leader of the Opposition, shared the excitement of the exercise. He expressed himself thus:

“If, however, the victors and the vanquished – the vanquished on this side – agree to make common cause in enacting a new basic law by means of a legal revolution, there is no law that says you cannot do so.”

I did not agree with many of the features of the 1972 Constitution. Nevertheless, I was privileged to have played a small part in helping to steer the process successfully through a minefield of legal and constitutional obstacles, and occasional nightmares.

Should we not have celebrated the 22nd of May – the anniversary of the day on which this country made that unique unilateral Declaration of Independence, and emerged as a Free, Sovereign and Independent Republic?



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Addressing human rights needs multi-pronged approach

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Volker Türk

by Jehan Perera

The ongoing 63rd session of the United Nations Human Rights Council, which runs from September 7 to October 7, 2026, in Geneva is important to Sri Lanka. Its outcome will send a signal to other international actors, including the European Union, as to whether Sri Lanka’s reform policy is on track. The written update on Sri Lanka, prepared by the Office of the United Nations High Commissioner for Human Rights under High Commissioner Volker Türk and presented by Deputy High Commissioner Nada Al-Nashif, has taken a more holistic approach to the government’s performance over the past year. It acknowledged the progress Sri Lanka has made under the NPP government in relation to accountability for financial fraud and other economic crimes. At the same time, the High Commissioner’s update made clear that progress in relation to economic crime cannot be equated with progress in relation to accountability for grave human rights violations committed during the armed conflict and in other periods of political violence.

The government may have felt sufficiently confident that its response to the High Commissioner’s update could be handled by its representative in Geneva and did not require the attendance of Foreign Minister Vijitha Herath. Sri Lanka’s representative Sumith Dassanayake called for a fundamental review of country-specific mandates within the UN Human Rights Council. Sri Lanka has been facing repeated scrutiny in the form of successive UNHRC resolutions from 2012 onwards. Ambassador Dassanayake argued that such mandates should not continue indefinitely and must be regularly assessed against measurable objectives and tangible outcomes. This may reflect confidence that its record of reform is beginning to receive recognition internationally. The reports and statements at the Human Rights Council acknowledged progress in the government’s efforts to address corruption and economic crime.

The government’s anti-corruption drive has included investigations into allegations involving individuals who held the highest political offices in the country. The arrest of former President Ranil Wickremesinghe in connection with alleged misuse of public funds, and the investigation into the controversial SriLankan Airlines Airbus transaction involving former President Mahinda Rajapaksa’s son, are examples of the reach of these investigations. The arrest of SLPP National Organiser and Member of Parliament Namal Rajapaksa in connection with allegations relating to the Airbus purchase scandal has also demonstrated that the government is willing to pursue cases involving politically powerful figures.

Wide Range

The ongoing investigations appear to encompass a wide range of parliamentarians and government members, both past and present. They suggest that accountability for corruption is not being confined to lower-level officials or to individuals who lack political influence. This is precisely the kind of accountability that the public has long demanded and that previous governments have too often failed to deliver. The government is also reaching into the upper levels of the military hierarchies of the past. The case in which 11 young men, most of them Tamil, disappeared after being abducted in Colombo between 2008 and 2009 involved allegations that some families were asked to pay ransoms. The investigation into this case has reached senior military figures. The willingness to pursue such cases is important because it challenges the assumption that those who exercised power during the war are beyond the reach of the law. Such cases would provide a practical test of whether the government’s commitment to accountability for economic crimes is part of a broader commitment to the rule of law.

Success in prosecuting corruption cannot substitute for justice for those who were unlawfully killed, disappeared, tortured or otherwise victimised. The UN report noted that there had been no recognition or accountability for crimes under international law, gross human rights violations and serious violations of international humanitarian law committed by all parties during the war. The government has yet to establish a credible and effective process to address the many cases of enforced disappearance, extrajudicial killing, torture and other serious violations. The government needs to take the international commitments it has inherited on human rights issues seriously. It needs to adopt a multi-pronged approach and go beyond focusing primarily on financial and corruption-related accountability.

Need Action

As a member of the international community, Sri Lanka has a responsibility to abide by the commitments it has made. It cannot selectively uphold international obligations postponing those that are politically difficult. Also, as a small country, Sri Lanka has a self-interest in ensuring the survival of international law, which is all that it has to protect it from the depredations of the bigger international actors. The erosion of international law by powerful states makes it all the more important that smaller states uphold the principles on which the international system is based. Sri Lanka cannot credibly appeal to international law when it is threatened from outside while disregarding its own obligations within. Sri Lanka also needs to win the confidence of its own population that it is committed to justice and equality for all. Public opinion polls and community-level research have disclosed that ethnic and religious minorities are appreciative of the sense of greater security they enjoy under the present government from ethnic or religious extremists.

But a sense of security is not the same as the fulfilment of rights. As far as the Tamil people are concerned, the government has yet to deliver on several of its specific promises. These include the long-standing problems of missing persons, the release of political prisoners who have been members of Tamil militant organisations, and the return of land taken over for military purposes during the war. The issue of Buddhist statues and archaeological sites found on their properties which are then taken from their control continue to trouble them especially as they see no signs of resolution of those disputes. The issue of pastureland in the east of the country in Mylathamadu is particularly concerning to them as they see orders by successive presidents, both President Ranil Wickremesinghe and President Anura Kumara Dissanayake, being disregarded on the ground. The Mylathamadu pastureland dispute is where traditional Tamil dairy farmers have engaged in multi-year protests against the ongoing encroachment of their ancestral grazing lands by Sinhalese crop cultivators relocated under government development schemes.

The government’s failure to hold Provincial Council elections is particularly troubling. The provincial council system is the only one that can provide the Tamil people and other ethnic minorities the opportunity to wield political power and exercise a measure of self-determination in the areas in which they are the numerical majority. The continued postponement of Provincial Council elections therefore has consequences that go beyond an ordinary electoral delay. It deprives communities of an important constitutional avenue for democratic participation and power-sharing. The ethnic and religious minorities appreciate what the government is doing in the larger national interest, but they must not be made to feel that their special concerns are being ignored. The government cannot resolve Sri Lanka’s entire legacy of rights violations overnight. But it does need to demonstrate that it is willing to move forward on multiple fronts, not only on a few.

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The emptying university: why are academics leaving?

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by Hasini Lecamwasam

Brain drain in Sri Lanka is at an all-time high. The latest Human Flight and Brain Drain Index for 2024 shows that we are 16th of 175 countries on this count, and first in South Asia. That this is a crisis goes without saying. Brain drain affects all sectors, and is a huge strain on the resources of a developing country. Particularly in Sri Lanka, where considerable public investment is made in the moulding of professionals through the system of free education, this amounts to transferring the resources of poorer countries to richer ones with top migration destinations. It is, therefore, important to consider the push and pull factors behind skilled outmigration, specifically from the public university system of Sri Lanka, a key focus of the Kuppi column.

From frustration to exit

Several bitter realities in our crumbling public university system act as push factors in the migration decisions of academics. Many essays on this column have, over several years, attempted to highlight numerous aspects of this erosion. Perhaps, primary among them is the lack of adequate funding, which has debilitating ramifications for the system: very little investment is made in the up-keep of infrastructure (and even less in its expansion), resulting in serious constraints in accommodating growing batches of students and the wellbeing of the staff (particularly in regional universities); research funding is negligible, severely curtailing academics’ ability to effectively discharge their primary duty of teaching which should ideally be informed by their research (and the research of others, access to which is also, unfortunately, mediated by funding); a funding crunch also means a slash in (or greater constraints on) recruitments, increasing the workloads of academics, currently in service, and eating into the quality of their teaching and research.

What recruitments are done frustrate those with any faith in merit. As many of our interventions in this column have shown, recruitment processes are characterised by archaic selection criteria that place very little weight on a candidate’s postgraduate growth and the advantages of interdisciplinary training. Added to this is the general preference for ‘culturally compliant’ candidates who would not rock the boat too much. The combined effect is that those with the capacity and spirit to try out innovations in education are discouraged from joining or staying on in the public university system. Some, or many, of them may instead seek appointments abroad.

A thread that binds all of these problems together is pervasive hierarchy which, again, many interventions on this column have sought to highlight. It is the interest in preserving hierarchy that leads to the preference for alumni in recruitment processes. Hierarchy within universities can be particularly frustrating for younger faculty and women, who typically have to bear the brunt of the workload of their senior, often male, colleagues. In a context of funding, and, therefore, recruitment, restrictions, this translates into a disproportionate burden being placed on junior (usually female) faculty, seriously hindering their prospects of growing into successful academics due to the time constraints within which they have to operate. Junior academics, therefore, are more likely to look to educational institutions abroad for what they hope would be a different work culture that respects them more.

Ideological ruses

On top of these structural frustrations are also the workings of neoliberal ideology. For one, the nature of relations between the global metropole and peripheral countries like Sri Lanka largely dictates what is desirable and what is not. The apparent lifestyles of Western countries – from food to clothing, housing, appliances, and so on – have continued to lure people from the periphery with the promise of a ‘better’ life, alongside better career advancement opportunities. This, of course, masks much of the struggle that goes on behind the scenes to survive in Western societies. For instance, in most cases highly attractive public infrastructure such as roads, public transport, clean air, quality control of food, and so on belie the astronomical privatised costs of healthcare and education. Health insurance is usually mandatory and steep in most high-income settings, while even subsidised education (for which eligibility criteria are strict) creates a serious dent in household earnings. Of course, the happy images of glossy trams and gleeful international travellers don’t convey this.

A second ideological ruse is the myth of greater opportunities and recognition abroad. While there is no denying that local skilled sectors – be it higher education, health, civil service, or private white-collar positions – are replete with issues that inhibit merit-based professional advancement, the notion that things are fundamentally different in Western countries stems from an uninformed optimism. As is now increasingly known and discussed, Western labour markets are notoriously racialised, and equivalent skills are rarely treated as such. Instead, it is usually demanded that skilled migrants clear certain formal examinations in their host countries. In fields like medicine, this is followed by an interview that may also be racially prejudiced. Once these initial steps are cleared, remuneration reverts to square one irrespective of experience accumulated abroad, not to mention the many subtle aggressions, rejections, and trials one has to go through in the negotiation of everyday life. In the many cases where professional qualifications are used as leverage for a move abroad, sights are set on a better future for one’s children, which again is informed by the misplaced faith in greater opportunities and a lack of awareness of the factors outlined above. Needless to say, in the global swing to the Right, things have become even more challenging. In such a context, considering the few rare cases where skilled migrants live extremely comfortable lives as the norm becomes a dangerous misconception.

The two ideological pull factors mentioned above are complemented by a push factor, which has to do with a highly classed understanding of what a white-collar professional is due in their society. Many of these aspirations are clearly articulated in academic trade union action demanding separate quotas for school entry, increased fuel allowances, winning back the presently stalled vehicle permit scheme, salary hikes, and so on. While working people have every right to agitate for better material conditions, insofar as it remains unconnected to a broader movement for improving the conditions of the lot of the working class, it remains self-serving and very much within the class logic of capitalist society. Since these demands are articulated as a means of maintaining distinction, it is clear that they are not envisaged as part of a class movement. The frustration of not having these needs for distinction satisfied may push some to seek greener pastures abroad, at least financially, (perhaps as a means of social mobility based on it), only to be disappointed on most occasions.

What is to be done?

Addressing the systemic push factors listed above requires, first and foremost, greater allocations for free public higher education. This would immediately translate into more recruitments and less work per academic, and better research and teaching in the long haul. An increase in funding would also ideally lead to greater infrastructural investments, especially including improving the living conditions of those who work in regional universities amid untold hardships. Next, fairer, more creative, and, therefore, more effective recruitment policies are badly needed to attract talented individuals to university positions. Rather than carving out a ‘special category’ for academics to achieve this purpose, which is informed by a classed logic, this needs to be done through fundamental reforms in recruitment processes. Third, a persistent attack on the entrenched hierarchy within universities through internal reform is much called for. Reforming recruitment practices will go a long way towards addressing this. Measures should also be taken to introduce more stringent policies against SGBV (not to mention ragging, even though it is not directly connected to brain drain). Such measures would create a safer, fairer, and more attractive workplace, which would give more reasons for people to stay.

On top of greater allocations, we also need a transformation of our aspirations themselves if this situation is to change. That necessitates a kind of education capable of questioning the ‘paradise’ conception of Western societies, and lays bare their colonial material and ideological dimensions, in both their historical and contemporary manifestations. These colonial understandings of the ‘good life’, moreover, have devastating ecological implications for the planet, not to mention social justice. An education with the ability to transform this mindset would hopefully prove to be more than a mere path to social mobility, rather being a tool of social emancipation that renders mobility moot.

(Hasini Lecamwasam is with the Department of Political Science, University of Peradeniya)

Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.

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Friends favourite Suzi Croner returns for Oktoberfest 2026

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Charming audiences in Switzerland as Suzi Flückiger, Sri Lanka’s own Suzi Croner is coming home… for a very special occasion.

The bubbly former frontline vocalist of 90s band Friends will take the stage at a popular venue in Colombo for Oktoberfest 2026.

Known in Europe for her country and classic hits, Suzi has remained a much-loved name back home. This will be a rare chance for local fans to see her live and celebrate the voice behind so many Friends memories.

Oktoberfest 2026 in Colombo promises an evening of live music, traditional Bavarian food and beer, colourful dirndls and lederhosen, folk dancing, and plenty of community cheer.

Suzi Croner (Flückiger)

Against this lively backdrop, Suzi will take the stage for a special solo set, featuring her own pre-recorded music. She performed at the event last year too, as a solo artiste, but a German band providing the music.

This year, however she says, it’s a different scene.

“The novel attraction will be the dancers from Germany — all girls, clad in German outfits,” Suzi said. She added that the event will also highlight the activities generally connected with Oktoberfest, which should generate a lot of fun and excitement for those who join her in Colombo next month.

Suzi has become a much-in-demand artiste in Europe, and has even performed Down Under, in Melbourne.

In Switzerland, where she has been based for the past 42 years, she continues to charm audiences with country and classic hits, performing at private events and community nights across Europe.

“My weekends are generally loaded with my work as a singer,” she said. “And I also play tennis three times a week, because I need to keep fit to entertain my audience in an active way.”

Her repertoire is made up mainly of Swiss, German and English songs.

And true to form, Suzi loves springing surprises.

“So watch out when you join me at Oktoberfest 2026, in Colombo!” she said.

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