Features
Rights of Nature vis-à-vis Human Rights to Nature:
Earth Jurisprudence and Eco-centric Property Law – II
by Professor Emeritus Nimal Gunatilleke
University of Peradeniya
savnim@gmail.com)
(Continued from yesterday)
Rights of Nature Legalised
Since the early twenty-first century, governments and courts around the world have adopted a rapidly growing number of laws declaring that nature has rights. These laws take many forms, from local government bylaws to court decisions to national constitutions. They vary greatly in form, content, and legal effect.
Rights of Nature campaigns for aligning legal standards and principles with planetary boundaries and the law of Nature. Those campaigns include, among others, the Universal Declaration for the Rights of Mother Earth (2010), the Universal Declaration of Rights of Rivers, the Universal Declaration of Ocean Rights (UDOR), and the World Charter for Nature.
Several countries have recognised the Rights of Nature by establishing several constitutional, legislative, and judicial enactments that aim to provide legal protection for non-human entities and natural systems. By the end of March 2023, the Eco Jurisprudence Monitor documented 468 Rights of Nature (RoN) initiatives—which are efforts to adopt a RoN legal provision—across 29 countries, being more expressive in North America and Latin America, and less in Europe, Asia and Africa.
The first laws establishing legal structures that recognised the Rights of Nature were adopted by local municipalities in the United States in 2006. Tamaqua Borough, Schuylkill County, Pennsylvania, was the first community to enact the Rights of Nature. Since then, more than three dozen communities in the US have adopted such laws. In November 2010, the City of Pittsburgh, Pennsylvania, became the first major municipality in the United States to recognize the Rights of Nature.
In September 2008, Ecuador became the first country in the world to recognise the Rights of Nature in its constitution. Ecuadorian constitutional provisions promulgated in 2008, recognise the right of nature to exist, persist, evolve, and regenerate. Bolivia has also established the Law of the Rights of Mother Earth in 2010.
It needs to be emphasised here that although people have been talking about “sustainable development” for decades, very little has been done to change the structure of the law to actually achieve that goal. Laws recognizing the Rights of Nature finally will codify the concept of sustainable development. They disallow activities that would interfere with the functioning of natural systems that support human and natural life.
It has become increasingly clear that fulfilling the human right to a healthy environment is unachievable without a fundamental change in the relationship between humankind and nature. Thus, implementing and fulfilling a true human right to a healthy environment is dependent on the health of the natural environment itself. The human right to a healthy environment can only be achieved by securing the highest protections for the natural environment – by recognising in law the right of the environment itself to be healthy and thrive. These are the ways to promote a holistic approach to sustainable development in harmony with nature.
The Rights of Nature should have their foundation in environmental laws, which are based on the idea that the natural world has inherent value and rights that should be recognised and protected. However, at present, their elements have no standing, and environmental laws are fragile in the context of dominant systems insofar as they somehow continue to carry the burden of neo-colonial practices and Western property relations.
While science in the late twentieth century shifted to a systems-based perspective, describing natural systems and human populations as fundamentally interconnected on a shared planet, environmental laws generally had not evolved with this shift with a similar momentum.
Emerging Global Trends
Many jurisdictions worldwide are now increasingly recognising and integrating the principles of earth jurisprudence into their domestic legal frameworks either through the changes in their respective constitutions, legislation, or judicial activism. The Rights of Nature are legally protected in Bolivia, New Zealand, Ecuador, India, and several American communities, ranging from Santa Monica to Pittsburgh. These new laws regarding the Rights of Nature are branching out to protect endangered species and animals. Many countries around the world, including Switzerland, Portugal, France, Columbia, and Brazil, have specified a set of obligations to the government regarding nature and its protection.
Courts in the United States, Costa Rica, and India have ruled on cases about endangered species, stopped activities that harm them, and ruled to save these populations, including the snail darter, papilla, northern spotted owl, Asian lion, and Asiatic buffalo. These judicial decisions all have the same goal— enforcing the idea that all of life has value, and should not be used as human property; humans as well as the state have a responsibility to avoid causing harm to these species.
There are several examples of landscapes that are being governed or have been protected through legal models based on the Rights of Nature, e.g. Galapagos Marine Reserve (Ecuador), Manglares Cayapas Mataje Ecological Reserve (Ecuador), Whanganui River (New Zealand), Atrato River (Colombia), Magpie River (Canada), Mar Menor ( Spain), among others. There is an increasing trend to scale up this impact globally and achieve its effective implementation, to reach a permanent transformation in our ecosystem and landscape governance for the benefit of Nature and communities.
New Zealand was one of the first countries in the world to create and pass laws acknowledging that nature is no longer subject to human ownership. The new ideology in New Zealand acknowledges the fact that people are part of nature; they are not separate from it or dominant over it. These laws emphasise nature as a rights holder, as well as the importance of human responsibilities to uphold these rights. Two pieces of legislation – The Urewera Act of 2014 and Te Awa Tupua (Whanganui River Claims Settlements) Act of 2017 have granted legal personhood rights of Te Urewera National Park and the Whanganui River.
The Whanganui River will have its own legal identity with all the rights, duties, and liabilities of a legal person. The local Māori tribe wanted to treat the river as a living entity instead of treating it as property with others having ownership over it. Since the river has been granted legal recognition, if someone wants to harm the river, this would be the same as harming the particular local tribe.
Likewise, Te Urewera National Park owns itself and has legal standing, similar to the Whanganui River. Te Urewera is governed by a board of trustees whose mandate is to act on behalf of the National Park.
This was followed by court recognition of legal personhood for the Ganges and Yamuna Rivers in northern India. Rights of Nature legal provisions also now exist in Colombia, Mexico, and dozens of municipalities in the United States, and are being debated in a number of other nations.
In April 2018, the Colombian Supreme Court ruled that stronger efforts must be made against deforestation in the Amazon, and the country as a whole must be protected from the effects of climate change. In this ruling, the Colombian Amazon is granted personhood and thus is regarded as an entity with rights. This is the first such ruling in Latin America.
Sri Lankan Context:
- Map 1: Sri Lanka’S Exclusive Economic Zone (EEZ) (Source: Maritime Boundaries Geodatabase, Flanders Marine Institute).
- Map 2: Cobalt-rich Afanasy Nikitin Seamount, which is in the central Indian Ocean, east of the Maldives and about 1,350 km (850 miles) from the Indian coast.)
Sri Lanka is a biodiversity-rich country like New Zealand, Ecuador, Colombia, India, etc. and is caught between the devil and the deep blue sea for being located in a geostrategic position abundantly endowed with strategically important natural resources. While being at the center of the Indian Ocean Sea Lanes of Communication (SLOC) with extensive ocean and land-based mineral resources including premium grade graphite and rare earth elements, some political analysts are of the view that Sri Lanka suffers from a ‘Paradox of Plenty’ or perhaps, a geostrategic ‘Resource Curse’. This phenomenon often afflicts countries blessed with abundant natural resources, like Sri Lanka.
An imminent threat to our unique biodiversity is upon us, once more, especially during this critical period of desperate struggle to emerge from the unprecedented economic crisis, the country has undergone in recent times. Some political analysts argue that the ‘staged default’ in 2022 would enable the IMF to effectively take control of strategic geopolitical positioning by influencing Sri Lanka’s economic policy initiatives compromising its sovereignty. We will be seeing the outcome of this hard bargaining in the near future.
Sri Lanka seems to be under severe pressure to part with some of its greatest natural treasures both on land and in the sea around us under the plans being hatched during the painful process of ‘debt restructuring’ for moving towards ‘debt sustainability’. Under the prevailing law, these priceless landscapes and seascapes are perceived from a human perspective as an object of law – a natural resource or property having a commodifiable, and disposable value meant to benefit human beings.
In addition to the terrestrial landmass, the virtually unexplored and untapped Sri Lanka’s Exclusive Economic Zone (EEZ) spans around 519,000 sq. km. and is almost eight times larger than the country’s landmass. Furthermore, Sri Lanka has submitted a claim for an extended area of seabed amounting to 23 times its land mass (1.4 million sq. km.) with exclusive rights to water resources, biological wealth, and the sea bed with rich mineral resources, oil, gas, and fisheries.
It has been proposed to develop a Blue Economic strategy in existing sectors, including oil, gas wind, solar, and geothermal exploration, and in emerging sectors like deep seabed mining for minerals. The race for minerals on the seafloor, seen as the next frontier of exploration has already begun and been likened to a new ‘gold rush’. Countries like China, Russia, and India are looking to extract a range of minerals like zinc, cobalt, and copper available on the seabed in the Indo-Pacific Oceanic region. These minerals are needed for modern hi-tech industries like electronics, automobiles, and clean energy. However, seabed mining, on the other hand, can result in irreversible harm to marine ecosystems, disrupting fragile habitats and jeopardising marine biodiversity. (See map 1: Map of the Sri Lankan Exclusive Economic Zone (EEZ) (Source: Maritime Boundaries Geodatabase, Flanders Marine Institute).
Map of the Sri Lankan Exclusive Economic Zone (EEZ) (Source: Maritime Boundaries Geodatabase, Flanders Marine Institute). (See map 2: Cobalt-rich Afanasy Nikitin Seamount, which is in the central Indian Ocean, east of the Maldives and about 1,350 km (850 miles) from the Indian coast.)
In order to ensure that oceans will not be ravaged for human benefit, Sri Lanka must think beyond an anthropocentric legal framework and uphold the essence of Earth jurisprudence at the earliest available opportunity to avoid any protracted legal imbroglios in the future. In the light of these looming threats to the remaining ‘natural resources’ in the Sri Lankan landscape and ocean-scape under the present property law, it is high time that we too transform from an anthropocentric to eco-centric jurisprudence as being done in other biodiverse countries.
So far, very little has been done to change the structure of law to actually achieve an eco-centric sustainable development, judging from the outcomes of Environmental Impact Assessments and subsequent legal proceedings on the sustainable use of our natural resources. Laws recognizing the Rights of Nature need to be brought in to codify the concept of sustainable development. The human right to a healthy environment can only be achieved by securing the highest protections for the natural environment – by recognizing in the law the right of the environment itself to be healthy and thrive sustainably i.e. an ecocentric paradigm shift in our legal system.
Given the considerable commercial value attached to these virtually uncharted marine natural resources, they would have been, in all probability, a vital element in the ongoing debt restructuring negotiations with diverse stakeholders as Sri Lanka stands to benefit significantly from an emerging blue economic strategy. Blue economy is defined as the sustainable use of ocean resources for economic growth, jobs, and social and financial inclusion, with a focus on the preservation and restoration of ocean ecosystems and the services they provide according to the existing international and national jurisdictions.
Marine Pollution and Earth Jurisprudence
Maritime Sea Lanes of Communication in the Indian Ocean (Source : https://www.adb.org/sites/default/files/project-documents/50184/50184-001-tacr-en.pdf)
The MV X-Press Pearl disaster which caused unprecedented damage to the Sri Lankan oceans and all those who form a part of these oceans will adversely affect the ocean and marine lives for many years to come. It has been repeatedly emphasized that environmental disasters affect not only human beings but all other living and nonliving species who share the planet with them. Therefore, it is unequivocal that these nonhuman beings shall be empowered to protect themselves against anthropogenic environmental disasters.
An excellent discourse on how Earth Jurisprudence could be integrated into the contemporary legal framework in Sri Lanka to protect its oceans and ocean species has been published by Dr. Asanka Edirisinghe of General Sir John Kotelawala Defence University (https://celp.cmb.ac.lk/team/mrs-asanka-edirisinghe/). She strongly underscores that the best method to empower oceans to fight against this level of pollution is the express recognition of Earth jurisprudence in the domestic legal framework. It respects oceans and ocean species as a salient and integral part of the wider Earth community, just like the man himself. Unfortunately, Earth jurisprudential principles are not comprehensively reflected in the contemporary legal framework aimed at the protection of oceans in Sri Lanka.
The environmental community should rally round Dr. Edirisinghe’s clarion call that the time has come when these crucial principles on Earth Jurisprudence must be integrated into the corpus of the contemporary law in Sri Lanka, following the examples set by the international community, to preserve oceans and all its members-the next frontier of exploitation – for the sake of all of the Earth community.
Features
Regime change and the vacuum:Strategic lessons of Iraq and Libya
by Col. (R) Nalin Herath
There is a question that the international community must periodically ask itself: What happens to a State after its regime has been ousted?
The question is particularly relevant when examining Iraq and Libya. Saddam Hussein and Muammar Gaddafi were authoritarian rulers. Their governments were associated with political repression, human-rights violations and the suppression of political opposition. None of this should be ignored or excused. But recognising the failures of authoritarian rule does not prevent us from asking another, equally important strategic question:
Did the removal of these regimes adequately prepare for what came next?
The experience of Iraq and Libya suggests that removing a ruler is considerably easier than replacing the political, administrative and security architecture around that ruler.
Danger of confusing regime change with State reconstruction
A state is more than its leader. It consists of institutions, security forces, civil servants, courts, political structures, infrastructure, economic systems and, perhaps most importantly, an accepted monopoly over the legitimate use of force. When an authoritarian system has concentrated enormous power around one individual, removing that individual can expose weaknesses that were previously hidden. The strategic mistake is to assume that once the dictator has gone, a democratic and stable state will naturally emerge. History does not support such an assumption. The aftermath of Iraq demonstrates this particularly clearly. Following the 2003 invasion, the Coalition Provisional Authority issued Order No. 2, formally dissolving the Iraqi Ministry of Defence and the Iraqi Army, among other security institutions. A US congressional report later documented the enormous consequences of this decision, including the disappearance of hundreds of thousands of military personnel from the institutional framework of the state. Whatever the intentions behind the decision, the strategic consequence was that an established security structure had to be rebuilt while the country was simultaneously experiencing political upheaval and growing violence. That is a dangerous combination.
Iraq: Removing the structure before building the replacement
Saddam Hussein’s government was unquestionably authoritarian. It also reflected a complicated sectarian and political structure in which members of the Sunni minority occupied disproportionate positions of power despite being a demographic minority. But the question for strategic planners should not simply be whether Saddam deserved to remain in power. The question should have been:
What institutional structure would replace the system once he was removed?
An army can be politically controlled without being politically representative. A bureaucracy can serve an authoritarian government while still providing essential state functions. A security institution can be reformed without necessarily being destroyed. The distinction between reforming institutions and eliminating institutions is therefore critical. The post-2003 experience demonstrated the consequences of institutional disruption. Security vacuums contributed to insurgency and instability, while the process of rebuilding Iraq’s security forces took place amid an increasingly deteriorating security environment. The lesson is not that authoritarian institutions should never be reformed. The lesson is that state capacity should not be casually destroyed without a credible replacement.
Libya: prosperity, authoritarianism and institutional fragility
Libya presents an even more complicated case. Gaddafi’s government was authoritarian and deeply personalised. Political freedom was severely restricted, and the security apparatus was deliberately structured around regime survival. Yet Libya, under Gaddafi, also used substantial oil revenues to fund education, healthcare, infrastructure and social services. World Bank data from around the end of the Gaddafi era show life expectancy reaching approximately 75 years by 2011, skilled attendance at birth at 100 percent and measles immunisation at 98 percent. This does not prove that Gaddafi’s system was politically legitimate. It demonstrates something different: economic and social outcomes can coexist with authoritarian political structures.
The Great Man-Made River illustrates the scale of Libya’s investment ambitions. The World Bank described the project as one of the world’s largest engineering schemes, involving thousands of kilometres of planned pipelines to transport water from deep desert aquifers toward the populated coastal belt. The original project was estimated at approximately US$ 25 billion over several phases. Again, this should not become nostalgia for dictatorship. It should become a lesson in state capacity.
What happened after Gaddafi?
The post-2011 experience is perhaps the clearest illustration of the vacuum problem. Libya did not simply move from dictatorship to a consolidated democratic state. Instead, competing armed groups, political factions and institutions emerged. A UN economic and social affairs analysis concluded that the fall of the Gaddafi regime exposed weak state institutions and that the post-Gaddafi period was characterised by the proliferation of armed militias and institutional fragmentation.
The World Bank has similarly described how the security vacuum allowed armed groups to expand, while attempts to integrate them into the formal security apparatus produced a hybrid system in which state institutions and powerful armed groups operated alongside one another. This is the heart of the lesson. The consequences of regime change were also evident in Libya. The 2012 Benghazi attack, later portrayed in 13 Hours: The Secret Soldiers of Benghazi, illustrated the security vacuum that emerged after Gaddafi’s fall. The collapse of central authority allowed militias and competing armed groups to fill the space left by weakened state institutions. The lesson is clear: removing a regime may achieve military victory, but without a credible plan to rebuild the state, victory can quickly become a security vacuum.
When the state withdraws, something else occupies the space. If the replacement is not a legitimate national institution, the vacuum can be filled by militias, tribes, ideological movements, criminal networks or competing political authorities. The vacuum does not remain empty.
Terrorism question
There is another uncomfortable issue. Authoritarian regimes frequently suppress political and armed movements through coercive security systems. When those systems disappear abruptly, previously contained organisations can find new operating space. This does not mean that dictatorship is an appropriate method of counterterrorism. It means that counterterrorism cannot be separated from State capacity. The international community therefore needs to distinguish between defeating a particular terrorist organisation and maintaining the institutional conditions that prevent multiple armed actors from competing for power. The destruction of one regime does not automatically eliminate the forces that created insecurity. Sometimes it creates an environment in which those forces multiply.
Strategic mistake: winning the war but losing the peace
Military intervention can have a clearly defined operational objective. State reconstruction does not. A military campaign may successfully remove a government in weeks or months. Building legitimate institutions can take decades.This creates a fundamental strategic asymmetry. The shorter the planning horizon for intervention, the greater the danger of a long-term vacuum. The international community therefore needs to think beyond the first question: How do we remove the regime?
It must ask: Who governs the country the next morning? Who controls the borders? Who controls the security forces? Who pays government employees? Who maintains electricity, water and hospitals? Who protects critical infrastructure? Who administers justice? Who prevents armed groups from becoming alternative governments? Who provides political legitimacy? And perhaps most importantly: Who possesses the authority to enforce the decisions of the new state? If there are no convincing answers, regime change is only the beginning of the problem.
The lesson should not be that the United States or its allies should never intervene. Nor should it be that Saddam Hussein or Muammar Gaddafi should be rehabilitated as models of governance. The lesson is more practical. Regime change must never be confused with state-building.
Before dismantling an established political order, external powers need a credible understanding of the institutions that will replace it. Security-sector reform should normally distinguish between individuals who must be removed and institutions that must be preserved. A national army may need reform. A ministry may need restructuring. A security service may need accountability and civilian oversight. But destroying institutional capacity without having an operational replacement can create consequences far beyond the original objective.
Wider geopolitical lesson
The consequences of Iraq and Libya did not remain within their borders. State fragmentation affects neighbouring countries, migration, organised crime, arms trafficking, terrorism, energy markets and regional power competition. In today’s interconnected world, a failed transition in one country can become a security problem for an entire region. That is why intervention planning should include not only military objectives but also political, economic, humanitarian and security-sector objectives. The most important planning document may therefore not be the operational plan for removing the regime. It may be the plan for Day One after the regime has disappeared.
History should not be written as a simple choice between dictatorship and democracy. The real strategic challenge is more complicated. Saddam Hussein and Muammar Gaddafi were dictators. Their governments committed serious abuses, and their populations had legitimate grievances. But the failures of authoritarian rule do not automatically justify the destruction of state institutions without a credible plan for rebuilding them. The experience of Iraq and Libya demonstrates a fundamental principle of international security: A political vacuum is not neutral space. Someone will fill it. If legitimate national institutions cannot fill that space, armed groups, sectarian interests, extremist organisations or foreign-backed factions may do so. The ultimate lesson for the United States, its allies and the wider international community is therefore straightforward:
Removing a regime may win the immediate battle. Building a legitimate, functioning and secure state determines whether the intervention succeeds in the long term. The world should learn to ask not only “How do we remove the dictator?”. It must also ask:
“What happens to the country when he is gone?”
That may be the most important strategic question of all.
(The writer is the Secretary General of the Ceylon Chamber of Shipping, former Director General of the Institute of National Security Studies (INSS), and former Spokesman of the Ministry of Defence. He is also a Non-Resident Fellow at the London Dialogue. His areas of expertise include international relations, geopolitics, maritime affairs, national security, economic policy, and strategic governance. He is a consultant at JITT Group and a member of World Pace Board.).
Features
‘Death at the Sign of the Rook’
Tales of Mystery and Suspense – 23
By Prof. Rajiva Wijesinha
As I have noted with regard to the adventures of John Rebus, I am indebted to Dinali Fernando and her husband Steve for whole hosts of thrillers. The latter strongly recommended Kate Atkinson when I borrowed four books. I wondered about this, for I had not been too impressed with her debut novel, Behind the Scenes at the Museum, which was amongst the entries I had to judge for the Eurasian section of the Commonwealth Writing Prize. Two decades later, I had forgotten what it had been about.
But I am glad Steve persuaded me to read her. Kate Atkinson is distinctively British, and Death at the Sign of the Rook is set in a country house and the surrounding village, and seems a modern descendant of the laidback Agatha Christies I so much enjoy.
There are, however, many differences in that we have a policeman who can go rogue, like Rebus, with again a female sidekick who has a mind of her own, again like Rebus. But Jackson Brodie has retired and set up as a private investigator, while Reggie, a young lady, is still in the police.
There is a lesbian couple living in the converted dairy of the manor house, as has occurred in Agatha Christie too, in A Murder is Announced. But they are peripheral to the story, unlike Ben, the brother of one of them who left the army after losing a leg in Afghanistan. When he turns up at the Manor House to shelter from a snowstorm, along with its chatelaine, Lady Milton, he is asked to answer the door as various characters turn up, including Jackson and Reggie, who then starts fantasising about him.
The others who turn up are two couples, one from America, who have paid for a murder weekend at the hotel. The family is impoverished, and has sold lots of pictures to survive, but most recently a Turner had been stolen, almost certainly by Lady Milton’s housekeeper Sophie, who vanished one night along with the picture. Reggie had been involved in that investigation, but there had been no trace of either picture or young lady.
Jackson Brodie suspects a connection between that theft and the one he has been called in to investigate, which has not been reported to the police. The picture hung opposite the bed of an old woman whose carer vanished after she died, along with it. Her children, adopted twins, have asked Jackson to investigate and also try to trace the carer, though he suspects something strange in that they did not go to the police.
Brodie, in studying the stolen art, is also struck by the disappearance of a Rembrandt from a house in Scotland, along with a member of the cleaning staff. He thinks the three women might be the same one.
But Brodie’s assumption that the three women who vanished when valuable pictures did were identical would not have helped except that Beatrice, as she was also called, kept turning up, including to the funeral home where the old lady’s body was kept. And then that picture turned up, in the village church, and was found by the local vicar, Simon Cate, whose life story is also a prominent feature of the novel. He was an aspiring actor but then smitten by faith, and became a priest, but in time he lost his faith. His wife left him after the death of their son, and he is now in this backwater, where he feels he is of no use to anyone. But he has a great feel for living beings, and his most successful service has been one in which he blessed pets. And he was deeply concerned about the bees that Ben looks after for his sister and her wife.
He too staggers into the manor house in the midst of the storm, in which everyone concerned loses their way comprehensively. But amongst those Ben lets in is a man in a tracksuit with cuts and bruises, who then vanishes after he has been led to a bedroom, when Ben went in search of brandy. We soon work out that it is the escaped murderer about whom Reggie has been alerted.
Simon also turns up, through the back door, carrying the picture and also a gun, for he has found the dead body of one of his parishioners when he went to her house in search of his mobile phone. She had been shot and he had picked up the gun he found there. But he could not tell the police, for though he called he had lost his voice, and for the last few days had communicated only through writing.
This chaotic mix of characters at the manor house is further complicated by the group of players putting on the murder mystery play though some members have either cried off or died before reaching the venue. So, there is much doubling up and confusion over who is an actor and who is not.
The grand now largely empty rooms of the manor house, and its various odd passages and multiple doors, make it a splendid set for the lunacy that runs on and on. Reggie finds herself in a pantry Atkinsonwith a dead body, though this turns out to be the nanny who fell down the stairs and was put there by Lady Milton’s younger son. And there is high drama on the roof when the murderer nearly kills Ben, but he is saved by Reggie, and when he tries to kill Brody with an axe, he is shot by Beatrice, who has been the maid who served at the dinner before the murder mystery play, and explains to Brody how she has managed all her thefts.
And then in the melee, she vanishes on a motorbike, along with the daughter of the old lady’s adopted daughter, the only person who seemed to grieve at the funeral, and to whom the old lady had left her house in a codicil to
her will, which her children have not known about. She leaves the picture to the carer, but it is brought to Simon Cate as he lies in hospital, recovering from a heart attack which adds confusion to the play.
Wonderfully convoluted, but all very clear, despite the headlong pace of the book and its shifts from one scene to another, from one character to another (or rather combinations of them) and from one-time span to another. A writer and a detective well worth looking out for. e more books by her on Dinali’s shelves.
Features
Safety, security and teamwork in aviation
by Capt. (Ret.).G.A. Fernando, MBA
There are three essential components to a commercial airline operation: safety, security and teamwork.
Aviation and teamwork at the ‘sharp’ end of a commercial aircraft, i.e. the flight deck, is unique. Unlike many other teams, it may be quite literally the first and the last time a particular combination of small teams of two, three, or four individual airmen (or women) will fly together. Sometimes even in the same airline that employs them.
Therefore, to make conditions safe and practical, while understanding and trusting tech other, they have to rely on a series of Standard Operating Procedures (SOPs), and ‘Normal’ and ‘Emergency’ checklists for every conceivable situation. That is, to be able to do the right things, and do things right. In fact, there is a saying in aviation to the effect that ‘if you make a mistake in aviation, be original and make a new one’.
To ensure that safety standards are constantly maintained, airline pilots’ proficiency is tested every six months, in simulators, under the supervision of examiners from the civil aviation regulator. In Sri Lanka that organisaton is the Civil Aviation Authority-Sri Lanka (CAASL). Three simulator checks are conducted every 12 months in keeping with the tenet that ‘practice makes perfect’. A pithy adage not confined to the world of aviation warns that ‘prior preparation prevents piss-poor performance’.
The simulator exercises include rejected takeoffs, including in cross-wind situations, landings, engine fires and/or engine failures from a variety of causes, cabin pressurisation failure, precision and non-precision approaches, and landings in bad visibility – amongst other conditions that could be expected in actual flight.
In addition, a flight in a real airplane, on a regular passenger service under the supervision of an examiner from the airline, is undertaken to ensure that the company’s standard practices and procedures are carried out and maintained as prescribed in the airline’s manuals. These publications are in turn approved by the national regulator.
Finally, flight crew members must take a written test annually, on emergency equipment locations and procedures, with 90% as the pass mark.
Since the mid-1980s it has been mandatory for airline pilots to undertake a Crew Resource Management (CRM) programme once every two years. This training essentially emphasises what to do and what not to do to, in a specific emergency situation, or even during normal operations, to make the team cohesive and effective. During the course, the CRM facilitators discuss recent incidents and accidents that have occurred. Results of those events are recorded and could be retrieved, when necessary, by the official aviation bodies.
Not unexpectedly, it is demanding on a pilot to fulfill these requirements on a regular basis throughout his/her career, along with presenting for a bi-annual medical examination, all with the objective of retaining one’s licence to operate an aircraft. It may not be understood, therefore, by persons outside the aviation industry, or even some working in other aspects of an airline organisation, that it is often the passion for flight that keeps many pilots doing what they do to earn a living.
Security
Another important factor is the challenge of maintaining security in all aspects of airline operations, not least in the cockpit. The challenges are many, with new ones surfacing almost every day. It is therefore essential to be always prepared for the activities and ‘methods’ of perpetrators seeking to wreak evil on an aircraft and its occupants. As it is impossible for any airline or national security organisation to cover all aspects, systematic management of risks to effect a safe outcome becomes imperative.
Flydubai Incident
In the recent Flydubai incident of 30 September, 2026, a first officer (co-pilot) attacked the captain of the flight with a crash axe to accomplish his sinister motives, into which investigations are continuing. For the time being, it prompts the questions: should the crash axe be easily accessible to the flight crew? Or even be there at all? I believe it is a case of assessing the greater risk.
With regard to that event, and the circumstances that led to it, other deterrents could have been applied more thoroughly. For example, more thorough screening of pilots’ and other crewpersons’ backgrounds, with emphasis on their mental health, ideological affiliations and previous employment history. Separately, during a time of conflict in the Middle East, should Flydubai have even been operating between Dubai and Tel Aviv? Notwithstanding that cost-cutting and profit maximisation are key aims of any business, an airline’s apparent failure to conduct adequate psychological profiling of flight crew members, while continuing to operate ‘profitable’ routes, regardless of potential danger, can only be regarded and condemned as greed and disregard for human lives.
( Captain. Fernando, RCyAF, SLAF, Air Ceylon, Air Lanka, Singapore Airlines (SIA), SriLankan Airlines, Former Chief Pilot, Air Lanka Boeing 737, Former Deputy Chief Pilot, Lockheed L 1011, Former Crew Resource Management (CRM) Facilitator, SIA, Former Deputy Director (Air Operations) CAASL, Former President, Aircraft Owners and Operators Association Sri Lanka (AOAOASL), President, The Colombo Flying Club, Representative for Aviation, Organisation of Professional Associations (OPA), Hony, and Member Sri Lanka Society of Transport and Logistics.)
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