Features
Insurgency 1971: Memoirs of then PM’s Secretary
(Excerpted from the autobiography of MDD Peiris)
From about the end of 1970 there was persistent and disturbing information surfacing of a youth uprising. Intelligence was coining in about secret meetings in the night; clandestine classes on far left ideologies; weapons training; the manufacture of hand bombs, etc. By the beginning of 1971 it was becoming clear that something dangerous was afoot.
All this information related to the gradual development of a situation that was unprecedented. In retrospect it could perhaps be said, that because it was unprecedented, the government did not, in those early months, accord to it the serious attention, that in hindsight, it could be said that it warranted. The intelligence services themselves, were able to unearth considerable material, but nobody developed a coherent and comprehensive picture of the ramifications and the magnitude of the problem.
The government reacted to the progressively increasing information that was coming in by setting up a special unit at Temple Trees headed by Mr. S.A. Dissanayake, a former Deputy Inspector General of Police. This unit was gradually staffed with a core of officers drawn from the three services and the police. and it was progressively strengthened with the necessary equipment. During this period the Prime Minister was residing in her own home at Rosmead Place. Temple Trees was only used
for state occasions. Apart from its use for receptions and dinners, visiting dignitaries like Prime Minister Lee Kuan Yew were lodged there.
On the afternoon of April 4, 1971, I had gone to see the Prime Minister with a whole lot of papers. We were working at the dining table at Rosmead Place, when one of the servants came and announced that the Army Commander General Attygalle had come, and that he wished to see the Prime Minister urgently. He was ushered in, and what he had to relate was alarming. Security officers had raided a small meeting of insurgents at Vihara Maha Devi Park in Colombo a few hours before, and the subsequent interrogation of suspects had revealed a plot to storm Rosmead Place, and kill the Prime Minister that very night.
This had been confirmed by another, who had relented at the last moment and given information to the authorities. General Attygalle wanted the Prime Minister to immediately move to Temple Trees, which could be adequately secured. The Prime Minister with her customary calm said “I am not leaving my home, you protect me here.” But the general was adamant. He pointed out the vulnerability of the location of Rosmead Place right at a junction with roads all around it, and with its boundary walls abutting these roads.
In the developing context, he rightly urged that the Prime Minister should leave. I too added my voice to the General’s and Dr. Mackie Ratwatte, her brother and Private Secretary, who came in whilst this conversation was going on added his own weight. We proposed that she stop her work, and get ready to leave immediately. But she was very reluctant to leave the comfort of her home, and it required more effort to get her to at last agree.
All this was to be kept absolutely secret. I gathered my papers and said I was going to office, and that I would be there if needed. The staff at Temple Trees were not informed about the Prime Minister coming there to reside. She was to make the necessary arrangements after she got in. I finished my work and went home late as Usual. I had no role to play in the technicalities of security arrangements. I was on call if necessary. I had a parallel line in my bedroom upstairs from the telephone downstairs, which I used to keep on a low stand near my bed, so that I could reach out and take a call without getting out.
I was fast asleep when the telephone rang. It was around four o’clock in the morning of April 5. At the other end was Mr. Amarasinghe, Additional Private Secretary to the Prime Minister. He was telephoning from Temple Trees. He related in dramatic fashion the information that was coming in about the attack on a number of police stations by the Janatha Vimukti Perumuna. He said that lists had been discovered, with names of prominent people, to be assassinated. He was also kind enough to say that my name “had not yet been found,” on such a list.
This was a great deal to absorb when woken up from deep sleep. I requested Mr. Amarasinghe to inform the Prime Minister that I would be coming to Temple Trees early in the morning, and that until then I would be at home. I knew difficult, and even dangerous days lay ahead; that all normal hours of work and rest were at an end; and that no program of any sort could be planned. One had to adjust to the developing situation.
My little son was just over two years old. Given the uncertainties, I did not want my wife and son to be at home. I knew that if they were away, I would have greater ease of mind. In any case they were unlikely to see much of me. My parents were at home, and we had a servant. We could manage. My wife suggested that we send our son to her parents in Negombo, and that she stay. I firmly rejected this and packed both of them off to her parent’s place later in the day.
When taking these decisions there was the thought at the back of my mind that if I happened to be on some hit list, it was best that I sallied forth to the after-world alone. In any case the contract of marriage with my wife pertained only to this world, and I saw no point in her being put at risk of such a journey to another world. There was also now an innocent two year old without any contract, but possessing only a birth certificate. Now began almost two months of intense work and activity, where any kind of time management was impossible.
The country had to be under curfew for a considerable period of time. At the beginning the curfew hours were quite severe. Normal office and work hours had to be substantially curtailed. I had now to work from Temple Trees. The focal point of administration and security was there. Very senior security personnel including the Navy Commander Admiral Hunter and Chief of Staff Basil Goonesekera, worked from the operations room at Temple Trees. Some Ministers also spent a great deal of their time at Temple Trees.
One of them whom I remember vividly was Dr. N.M. Perera the Minister of Finance. He had a look of shock and disbelief on his face. Much of the time he had a far away look. It was evident that he had been deeply shocked by the turn of events. He was struggling to comprehend something, which at the time he did not understand. I tried occasionally to talk to him, and also ask him whether I could order a cup of tea. Most of the time he just grunted. Conversation seemed to be the last thing on his mind.
Underlying the shock and the gloom from his point of view was the despair that a set of reckless adventurers were jeopardizing a socialist government which had been returned with such a strong mandate, even before the government was one year in office. Most of the Ministers were in a state of fear. They thronged Temple Trees and stayed there. After a while, this constituted a disturbance to the Prime Minister, who thereupon urged them to go and stay in their Ministries.
The security forces and the police were stretched to the limit. The country did not spend any significant amount on defence and security in those times, and was generally unprepared both in equipment and human resources to meet the kind of insurgent threat that they were now suddenly faced with. Therefore, the security that was afforded to Ministers at the time when compared with the security they receive now, was rudimentary. It was no wonder therefore that they tended to congregate at Temple Trees, the safest place available.
A discussion with the Army Commander
The first three or four days were particularly difficult. In addition to combating the sudden attack on about 25 police stations, with intelligence being received of more attacks to come, the Government was in a most difficult situation. Police stations had to be strengthened; troops had to be deployed against identified JVP centres, as intelligence began coming in; main roads, and most importantly bridges had to be secured: public offices had to be guarded; and Ports, harbours and above all airports, including the international airport had to be secured.
With inadequate personnel and equipment. the security forces and the police were under severe strain. Most of them had not slept for days, and some were on the verge of breakdown. The country was under extended hours of curfew, and rumours abounded of an attack on Colombo; about the prospect of some of the main bridges in the city being blown up; and about possible raids on reservoirs and pumping stations like the one at Maligakande.
It was in this environment and background that General Sepala Attygalle the Army Commander telephoned me one morning at Temple Trees. This would have been around the third day of the insurgency. He sounded seriously overwrought. He said that the situation was very bad and that he wanted to see the Prime Minister. This was chilling news. But one had to discipline oneself not to get excited or panic. I told Sepala, that I would certainly arrange for him to see the Prime Minister, but that first I needed to talk to him.
I was working in the administrative building situated to the north of the main building, where the Prime Minister worked from. On top of the administrative building were some bedrooms. Pending the Army Commander’s arrival, I went into the situation room, and got myself briefed on the latest information. It was clear from the briefing that the initial assault had been to an extent countered, although some police stations were lost or had to be abandoned.
The wave of attacks had petered out and the security forces were consolidating. The volunteer forces of the three services had been called up and the increased manpower coming in were helping both operations and morale. The curfew was being strictly enforced, and orders had gone out to shoot any deliberate curfew breakers. The government had already appealed to countries such as India, Pakistan, The United Kingdom and the USA for urgently needed arms, ammunition and equipment.
There were very positive responses from all these countries as well as later China. India and Pakistan were sending helicopters, in addition to other supplies. They were also sending some of their troops to secure the Katunayake and Ratmalana airports, so that our troops could be released from static duties. Our two neighbouring countries acted very fast. I remember Pakistan responding to our request by immediately cabling “Helicopters loading, please indicate landing details.” They were sent in military cargo planes.
We were also urgently buying ammunition and equipment from Singapore. I knew that all this was in the pipeline, and some had actually arrived. The Indian High Commissioner had met the Prime Minister, and after discussions, the Indian Navy threw a naval cordon around the country and intensified naval patrols. I was most keen therefore to talk to Sepala, because I was certain that he did not know of these details. When he arrived, I took him upstairs to one of the bedrooms, and shut the door. We sat on two beds and talked. It was abundantly clear that he had not slept for almost three days. The strain was visible. He was chain smoking and his hands were trembling, a sign of tension, fatigue and sleeplessness. I calmly narrated the briefing I had received from the situation room.
I then updated him on the arrival of the helicopters, troops and equipment. We talked for almost 45 minutes. At the end Sepala decided he did not need to see the Prime Minister. I suggested that he sleep in the room for a few hours. But he had work to do, and left in a much better frame of mind.
Operation Rescue
One of the main problems initially was the inadequacy of personnel, even for static security duties. The Minister of Public Administration and Home Affairs, Mr. Felix Dias Bandaranaike decided that a number of selected senior public servants, who in any case did not have much to do, due to the long curfew hours, could assist security personnel at some of the check points in the city. A roster had been drawn up and they were to report for duty at various places during early evening.
Unfortunately, under the pressure of events someone forgot to co-ordinate this with the security authorities. Some kind of letter was issued to them. But some had not received their letters by the time they were asked to report. We had no national identity cards those days, and there was now the prospect of a number of senior public servants wandering into military check points in the dark, without a shred of identification in a situation when those manning those points were completely unaware of this arrangement, and were themselves tired, tense and edgy.
Very fortunately the Prime Minister came to hear of this at the last moment. She was furious. Already there were deaths enough, and the last thing she wanted to see was a number of senior public servants added to those numbers. On her instructions therefore, we had to quickly organize a fleet of vehicles to send to the various check points and bring these public servants to Temple Trees.
Getting vehicles at such short notice was also not easy. We had to drop everything and engage in operation rescue. To the great relief of all however operation rescue was successfully carried out and a number of bewildered public servants brought to Temple Trees, where most of them spent the night, some of them seated on the steps at the back, overlooking a beautiful lawn and shady trees.
Features
The NPP’s Constitutional Reforms: Purposes and Processes
Participating at the All Party Conference that then President Jayewardene convened in January 1984 in the aftermath of the watershed violence of 1983, Dr. Colvin R de Silva characteristically perorated that the structure of the Sri Lankan state is incongruent with the country’s sociopolitical reality. He said it more as Historian than as a Lawyer or the architect of the 1972 Constitution.
This gap between state structure and political reality was somewhat bridged by the 13th Amendment that came three years later, with all due credit to President Jayewardene no matter how begrudgingly he may have done it and even if it was under Indian duress as JRJ’s critics have been alleging ever since.
In this backdrop, it is fair to say that the NPP’s constitutional proposals, even if they may not have been drafted with this specific intent, could contribute to further bridging the structural-reality gap and potentially transform Sri Lanka into an ethno-equal state and an ethno-equal nation. The rub, however, is in the ability of the government, as well as its intention, to fulfill in practice what is otherwise a very laudable purpose. The experience so far with the Provincial Council elections and the absence of any manifest effort by the NPP government towards implementing any of its main constitutional proposals do not allow room for too much optimism.
As I cite below, the NPP’s Manifesto fulsomely promises to hold all provincial and local government elections within one year after coming into office. Now with all the ministerial and prime-ministerial explanations in parliament as to what and what pre-steps this overworked government is apparently constrained to take, the PC system would consider itself lucky if the next provincial elections end up being held at the same time as the next parliamentary elections. That is the reality. It could be much better and that too by a government that promised to be much better.
The NPP’s Constitutional Purpose
Section 4 of the NPP Manifesto, A Thriving Nation, A Beautiful Life, is entitled A Dignified Life – A Strong Country, and includes nine subsections, viz. 1) A new constitution – A united Sri Lankan nation; 2) An efficient public service – A skill based professionalism; 3) Rule of law – A judicial system with equal access; 4) Public security assuring – People friendly service; 5) A humanitarian prison – A lawful confinement; 6) A drug-free country – A healthier citizen life; 7) A dignified diplomacy – A sovereign state; 8) High level of national security – Secured state; and 9) A Sri Lankan Nation – The Universal Citizen. These subheadings and sections are indicative of the NPP’s vision for the Sri Lankan State, a Sri Lankan Nation, and the equality of all its citizens.
The Section specific to the constitution (Section 4.1) includes the NPP’s promise to usher in “a new constitution” for “a united Sri Lankan nation.” The process for introducing the new constitution is described thus: “A new constitution will be drafted and passed through a referendum with the necessary changes, if there any, after going through a public discourse.” In addition, Section 4.9 – A Sri Lankan Nation – The Universal Citizen, elaborates on the premise and the purpose of a new NPP Constitution which are outlined as follows:
“Introduce a new constitution that strengthens democracy and ensures equality of all citizens. This initiative will build on the constitutional reform process started in 2015 which remains incomplete. The proposed constitutional reforms will guarantee equality and democracy and the devolution of political and administrative power to every local government, district and province so that all people can be involved in governance within one country. Provincial councils and local government elections, which are currently postponed indefinitely, will be held within a year to provide an opportunity for the people to join the governance.”
Fifteen “activities” are included as making up the constitution making process: 1) Recognizing and enacting the rights mentioned in the International Covenant on Civil and Political Rights as basic rights; 2) Broadening the constitutional law about the rights of children, women, and people with disabilities according to international conventions; 3) Safeguarding the voting rights of immigrants within and outside of the country; 4) Abolishing the executive presidency and appointing a president, without executive powers, by the parliament; 5) Introducing a new parliamentary electoral system; 6) Limiting official presidential residences to one; 7) Abolishing the pensions and special privileges given to retired presidents and their families; 8) Appointing 25 ministers and corresponding deputy ministers to 25 logically determined ministries and abolishing State Ministerial posts; 9) An advisory council consisting of specialists on the subject will be appointed to each ministry; 10) Introducing a code of ethics, including not allowing members of parliament (MPs) and ministers to appoint their immediate family members to their personal staff; 11) Abolishing allowances made to MPs for participating in parliamentary sessions; 12) Abolishing the pension offered to MPs after 05 years; 13) Preventing MPs or their close family members from directly or indirectly engaging in businesses or contracts with the government; 14) Removing the tax-free vehicle permits for MPs; and 15) Giving only one vehicle for Ministers /Deputy Ministers to be used during their period of office.
Interestingly, while the aborted 2015 constitutional reform process that the NPP was a part of is acknowledged, there are no references in the proposals – to the 1972 Constitution or the 1978 Constitution, and missing in the proposals are some of the signature terms that were/are both the badges and burdens of the two constitutions viz., the republic; unitary state; socialist (1972) and democratic socialist (1978); and special status for Buddhism. On the other hand, the proposals (Activity #1 & #2) include the commitment to enshrine and enforce rights and freedoms of Sri Lankans in accordance with international covenants and conventions. This inclusion is refreshingly open in contrast to the 1972 and 1978 constitutions which were rather averse to embracing anything ‘foreign’ due to the misplaced fear of diluting the island’s sovereignty, which is more theoretical than concrete.
Sovereignty and territorial integrity are duly emphasized in Section 4.7 of the proposals: A Dignified Diplomacy – A sovereign State, and in Subsection 4.8: Sovereignty and Territorial Integrity. Section 4.9: A Sri Lankan Nation – The Universal Citizen, underscores national reconciliation, equality of citizens in religion and language, and the vigorous operationalization of the Provincial Council system even though the 13th Amendment is not mentioned in the proposals. There is, however, specific reference to the 16th Amendment and the promise to implement the National Language Policy that is enshrined in 16A. Sri Lanka’s ethnic diversity is acknowledged and various measures are identified for achieving national reconciliation and a free and equal society.
Among these measures are: establishing an Inter-Religious Council consisting of all religious leaders and religious scholars to resolve inter-religious issues; releasing all political prisoners and ensuring their free socialization; abolition of all oppressive acts including the Prevention of Terrorism Act (PTA); regularization of civil administration in a way that the civil rights of the people in all parts of the country including the North and East are guaranteed; providing educational and employment opportunities to all ethnicities based on merit without political influence; providing relief to war widows, internally displaced persons, people with disabilities and people with trauma in need of relief and shelter; settlement of existing land related issues by a National Commission on Lands and Settlements; and ending resettlement programmes that operate with the aim of changing population composition; and addressing the wages, land, housing, education, and health issues of the Malaiayaka Tamils based on the NPP’s Hatton Declaration of 2023.
This is an impressive list by any comparison and it will be all the more impressive if the NPP government were to seriously and capably set about achieving most or all of them.
The Constitutional Process
While the Manifesto indicates that “a new constitution will be drafted and passed through a referendum with the necessary changes, if there are any, after going through a public discourse,” it is not clear if the NPP intends to comprehensively amend the current (1978) constitution, or repeal and replace it based on a referendum. Similar to its 1972 predecessor, the 1978 Constitution provides for repealing and replacing itself but requires the people’s endorsement in a referendum. Although the referendum requirement is limited to specific provisions of the constitution, an interpretive judicial culture has since evolved widening the referendum net to capture other provisions that are not stipulated in Article 83 of the constitution.
Opposing and, in my view, more persuasive voices have been heard from experts like Dr. Nihal Jayawickrema, and long before that from Dr. Colvin R.de Silva during the controversy over 13A referendum requirements, that a referendum requirement should be limited to changing only the provisions that are specifically to the provisions mentioned in Article 83. By this interpretation, a referendum is required to extend the term of a president or of parliament, but not for abolishing the system of elected executive presidency itself.
At the same time, a synthesizing view has also evolved that if the constitution were to be changed in a substantial manner, let alone repeal and replace it even without changing any of the Article 83 provisions, it would be prudent to have a referendum and be done with it. The latter is also the NPP’s position but seemingly taken from a more positive and democratic standpoint than a narrow interpretive standpoint. But there are questions as to how and when the NPP government will have a constitution package ready and when will it likely call for a referendum. It is not necessary to detail the amending processes in an election manifesto, but with nearly two years in office it is time for the government to indicate what is going to be its new constitution and how is it going to be achieved.
Another technicality is that when it drafted the manifesto promising constitutional changes subject to a referendum, the NPP may not have been expecting a two-thirds majority in parliament. So, what was its thinking about meeting the initial amendment requirement of a two-thirds majority in parliament without having sufficient numbers in the government. It would have had to find common ground with opposition parties in parliament. That is the very purpose of the two-thirds majority in parliament – to achieve interparty consensus as opposed to using a steamroller single-party majority.
The question to the government is why is it not being consultative with at least some, if not all, of the parties in opposition. As well, inasmuch as the Manifesto refers to a continuation of the 2015 constitutional reform process, why is the government not consulting with those individuals and organizations who were significantly involved in that earlier process. Some of them were directly associated with the NPP. But none of them is in the scene now, while the current Minister of Justice was politically unheard and unseen at that time.
The double burden of Justice and Constitutional Affairs is too much for even the most experienced and equipped political leader. It is too much to saddle a first time MP and Minister with such heavy responsibilities. As well, there is much talk about the government inviting non-NPP experts to play lead roles in institutions and agencies involved in running the economy. Why not extend this approach to implementing the NPP’s constitutional reform process?
To hark back briefly to the making of the 1972 Constitution, neither Colvin R de Silva nor the United Front were banking on winning a two-thirds majority in the 1970 elections. Instead, they were relying on Colvin’s legal theory that the new constitution will be a total rupture from the Soulbury Constitution and that its making will follow its own path based on an electoral mandate from the people.
“Not merely despite the Queen, but in defiance of the Queen and her Crown,” was Dr. Colvin’s platform pitch. The two-thirds majority that the United Front turned out to be a curse in disguise. While the NPP is now saddled with a two-thirds majority it doesn’t have Colvin’s legal theory to ignore the amending procedures of the 1978 Constitution. JR Jayewardene faithfully followed the amending procedure of the 1972 Constitution, but created a more rigid constitution than its far more flexible predecessor.
Ushering new constitutions are easily done on the morrow of independence or a revolution. Midlife constitutional changes are extremely difficult in any country and there are only a handful of countries that have successfully achieved this feat. The successful making of the 1972 and 1977 constitutions in Sri Lanka were almost entirely due to the power and competence of their two architects, Colvin R de Silva whose power was entirely intellectual and professional, and JR Jayewardene who in addition had absolute political power after the UNP’s landslide victory in 1977.
Sri Lankan politics has not been able to replicate their circumstances ever since, and the circumstances of the NPP are no different, its two-thirds majority notwithstanding. If the government is serious about drafting a new constitution, conducting public consultation, and holding a referendum, it should have started the process the day after it was sworn into office. It could start the process right away even now. The task deserves a separate ministry and supporting expertise. It cannot be the part time job of a first time Minister of Justice.
All that said, many of the NPP’s reform proposals can be implemented without introducing a new constitution. Few have already been introduced and many more can be introduced by simple legislation or through amendments without a referendum. For the super majority the government has in parliament, its legislative record has not been sufficiently impressive. The government has given priority to implementing proposals that it considers to be more resonant with the voters at large.
They include, the taking away the manifestly undue perks and privileges of former presidents, and the proposals to end the more offensive perks and privileges of parliamentarians. The reform of parliament itself is to be achieved by implementing a new electoral system; by limiting cabinet size to 25 and appointing an advisory council for each ministry; and introducing a code of ethics for MPs. These measures will also go down well with the public, but they can all be implemented through simple legislation without having to change the constitution through a referendum.
The most glaring omission is the continuing foot dragging over the repeal of the Prevention of Terrorism Act (PTA). There are already new victims of this continuation. What is the point in indefinitely detaining people like Retired Major Gen. Suresh Sallay under the PTA? It only vitiates however plausible a case the government might have against Gen. Sallay. More importantly, it flies in the face of the NPP’s promise to abolish the PTA, and its promise of custodial and prison reforms under Section 4.5 of the Manifesto: A humanitarian prison – A lawful confinement. The PTA only keeps the door open for police abuse and overreach.
The most recognizable and much talked about proposal is for “Abolishing the executive presidency and appointing a president, without executive powers, by the parliament.” If only the NPP government can deliver on this promise during its current first term, it can justifiably claim to have fulfilled its constitutional promise almost in entirety. No one will likely ask for anything more from the NPP, constitutionally speaking. But that seems unlikely to happen and this gets clearer as each day goes by. The talk inside the NPP and outside would seem to suggest that President Dissanayake will seek a second term as an elected Executive President and renege on what was made out to be a historic promise. It will become another daydream, so to speak.
by Rajan Philips
Features
Inside Xi’s Pyongyang Doctrine
Soon after Pyongyang unveiled a new facility to produce nuclear bomb fuel, with Kim Jong Un reaffirming plans to expand the country’s nuclear forces “at an exponential rate”, President Xi Jinping crossed the border after seven years to visit his neighbouring state. Before his arrival, Xi published a carefully crafted message, couched in the deeply rooted lexicon of diplomacy and carrying layered meanings for a North Korean audience, in which he argued against hegemonic politics and the erosion of international rules. It was not merely a gesture of goodwill but a calculated act of strategic signaling, written in the language of stability while echoing the rhetoric of geopolitical rivalry that increasingly shapes the international order.
The visit itself, staged with extraordinary ceremony across Pyongyang’s grand civic spaces, was presented as an affirmation of friendship between socialist neighbours. Yet beneath the choreographed spectacle lies a more complicated reality. China is no longer speaking to North Korea as a problem to be solved, but as a condition to be managed within a fragmented international system. Xi’s carefully chosen phrases — “shared destiny”, “mutual assistance” and “unbreakable friendship” — were not decorative flourishes. They were assertions of permanence in a relationship that has survived war, sanctions and decades of strategic ambiguity.
At Kim Il Sung Square, where formations of soldiers, students and citizens performed beneath fluttering flags, the language of unity concealed an underlying imbalance. China’s diplomatic doctrine, repeatedly articulated in Xi’s writings, presents both states as “fellow travellers on the socialist road”; yet the material reality is more hierarchical. Beijing is not merely a partner to Pyongyang. It is the centre of gravity around which much of the North Korean system revolves economically, diplomatically and, increasingly, strategically. This is not openly acknowledged, but it is reflected in trade patterns, energy dependence and the tightly managed permeability of the border regions.
Xi’s article, published ahead of the visit and carried by North Korean and Chinese state media alike, reveals the intellectual framework behind this engagement. It speaks of “top-level strategic guidance”, a phrase that in Chinese political language denotes the primacy of leader-to-leader diplomacy over institutional negotiation. It also reiterates opposition to “hegemonism and power politics”, a formulation that simultaneously criticizes Western strategic dominance while offering ideological reassurance to Pyongyang. The brilliance of the wording lies in its dual purpose. It reassures North Korea while signaling to the United States without ever mentioning it directly.
Less visible, but widely recognized among regional specialists, is the dense network of economic activity that sustains the frontier between China and North Korea. Officially, trade remains constrained by sanctions and regulatory controls. Unofficially, the border operates through a mixture of state-approved commerce, local barter arrangements and carefully managed informal exchanges. Chinese provinces adjoining the frontier depend on this controlled permeability, particularly in sectors such as food supplies, textiles and consumer goods. In return, North Korea provides labour, access concessions and selected resource exports. This is not a “shadow economy” but a tolerated grey area maintained by both governments because it preserves stability without allowing the relationship to descend into crisis.
It is within this grey area that stories of “secret networks” frequently emerge. Yet the reality is often more bureaucratic than clandestine. Trade is driven less by rogue actors than by overlapping permissions, discretionary enforcement and shifting instructions from the centre. The notion of a handful of powerful profiteers orchestrating cross-border commerce oversimplifies a system in which benefits are dispersed through layers of administrative authority, provincial intermediaries and sanctioned enterprises. The defining feature is not secrecy but carefully managed ambiguity.
Xi’s emphasis on “jointly upholding the international system with the United Nations at its core” becomes particularly revealing when viewed alongside these frontier realities. On the surface, it is a reaffirmation of multilateral order. In practice, it reflects China’s preference for a world in which legitimacy flows through established institutions, even while bilateral relationships such as that with North Korea operate according to a different set of political calculations. This dual-track approach enables Beijing to retain strategic flexibility without formally dismantling the international framework from which it continues to benefit.
The visit also took place against a wider shift in global diplomacy. The Financial Times has noted the growing number of world leaders traveling to Beijing rather than Xi traveling abroad. Some interpret this as evidence of a China-centred diplomatic sphere. Whether viewed as modern statecraft or, more controversially, as a distant echo of tributary-era symbolism, one fact remains evident. Xi Jinping has built a diplomatic model in which China is less a participant in international gatherings and more a focal point through which bilateral relationships are channeled.
Within this arrangement, North Korea occupies a uniquely delicate position. It is at once a liability, a buffer and a strategic asset. Its nuclear programme complicates China’s relations with much of the international community, yet its existence also serves as a geopolitical barrier on the Korean peninsula. Xi’s language avoids direct reference to nuclear weapons, concentrating instead on “regional stability” and a “peaceful environment”. That omission is deliberate. Silence, in this context, is not avoidance but the management of contradiction.
One of the most closely watched questions following Xi’s visit is whether North Korea’s rapid nuclear expansion will become less visible, or simply retreat further from public view. Xi later stated that he and Kim had reached an “important consensus” and agreed to safeguard regional and global peace, a formulation that may signal a preference for restraint in presentation rather than any fundamental change in Pyongyang’s strategic ambitions.
Under Xi, Chinese foreign policy has increasingly prioritized stability over transformation and management over resolution. Nowhere is this more evident than on the Korean peninsula, where the objective is not denuclearization through coercion but the containment of escalation within predictable limits. In this sense, North Korea is not being pushed towards change.
Rather, it is being held within a carefully maintained balance that serves broader regional interests.
The wider geopolitical setting, including Russia’s deepening alignment with Pyongyang and the fluctuating approach of the United States towards Asia, further complicates this balance. Xi’s diplomatic language — with its emphasis on multi-polarity, opposition to “power politics” and the creation of a “community with a shared future for mankind” — is intended to place China at the centre of an alternative vision of international affairs. Yet that vision is not merely ideological. It is expressed through trade agreements, infrastructure investment and selective political partnerships.
What emerges from the Pyongyang visit is not a straightforward story of alliance, but one of carefully calibrated interdependence. North Korea retains leverage through its strategic unpredictability, while China retains influence through economic indispensability. The border between them is not merely geographical. It is a political and economic mechanism composed of regulated flows of goods, labour and messaging. It is this managed interdependence that allows both governments to preserve autonomy while avoiding collapse or confrontation.
Xi Jinping’s rise in global politics, therefore, cannot be understood solely through military strength or economic weight. It rests upon the construction of a diplomatic order in which China functions simultaneously as host, mediator and stabilising force. Foreign leaders travel to Beijing not as supplicants, but as negotiators entering a system where outcomes are increasingly shaped through bilateral and asymmetrical relationships. Within that framework, North Korea remains both an exception and a participant, its nuclear status complicating but not excluding its place within China’s strategic sphere.
Xi’s visit to Pyongyang reflects a world in transition, where the old certainties of alignment and isolation no longer fully apply. In their place is emerging a more complicated pattern of selective cooperation, managed tensions and carefully cultivated historical memory. Xi’s diplomacy does not resolve contradictions. It arranges them. And within that ability to arrange competing interests lies much of his contemporary influence. Whether that model ultimately proves durable or fragile remains one of the defining geopolitical questions of our age.
by Nilantha Ilangamuwa
Features
The Examiner at lunch: Nihal Jayawickrama, architect of justice
Justice Ministry secretary and attorney-general at 33, Nihal Jayawickrama was the architect of the justice system’s most radical overhaul. Over a leisurely lunch at Tintagel we talk about the speed of justice, an independent public prosecutor, and the 1972 constitution.
“Tintagel” was Nihal Jayawickrama’s reply when I asked him where we should lunch. I smiled. The former secretary to the Justice Ministry, appointed at the tender age of 33, and now 88, hasn’t lost his mojo.
No restaurant — even Bawa’s studio, now become the Gallery Café — can claim anywhere near Tintagel’s pedigree. It was the home of the three Bandaranaike prime ministers. If the waiters’ intelligence is on point, it will be home to one of them again soon. Yes, Tintagel’s lease is up. Lunch while you can.
I’ve reserved one of two verandah tables, a few meters away from where S.W.R.D. Bandaranaike, the former prime minister, was assassinated by Talduwe Somarama, “a foolish man in robes”. Thinking Jayawickrama is a few minutes late, I wander to the sitting room. But he is waiting for me. I’m surprised that, at 88, he has come alone.
We make our way to the verandah and sit down. I break the ice, asking Jayawickrama when he first came to Tintagel.
Jayawickrama pauses to think, then with twinkling, mischievous eyes, says it was 70 years ago, in 1956. He had come to Tintagel to invite Bandaranaike to speak to the Royal College literary association. Jayawickrama said there was no security, save for maybe a sole policeman at the gate. He had walked to the verandah, and sat on one of the many chairs where the public would sit in the mornings, waiting for the prime minister to talk to them.
Bandaranaike’s response to the invitation had been clever rather than candid. He said it would be a great honour to address the Royal College literary association, and that he would be so happy to drop by. But the prime minister had only one problem: he’d have to go to the one at his own school, S. Thomas’, first. But they hadn’t invited him. Thus nothing ever came of the invitation.
We move on to more important business, lunch. Jayawickrama eschews the wine, we settle on thambili, almost always the best value drink on a Colombo resto menu. A veggie, he orders his usual, the parmesan gnocchi. I’d have ordered the pumpkin gnocchi, for many years my Paradise Road staple, but sadly they dropped it years ago. Good. For having taken up the pen, the purse won’t permit me anyway. Really wishing for Caribbean ox tail, I reluctantly settle for the osso bucco.
I’m too impatient for subtlety, so launch right into one of my burning questions: how did Jayawickrama become both secretary to the Ministry of Justice and attorney-general at such a young age. The answer is found in Balangoda, where Sirima Bandaranaike’s brother contested the 1965 election. He faced a few court cases, but the SLFP was strapped for cash. So, the party asked Jayawickrama to represent him. Jayawickrama went on to represent other members of the Ratwatte family, and then eventually, Mrs. Bandaranaike started consulting him too. He also served as her election agent and ended up drafting her prime ministerial acceptance speech in 1960.
A few days after her victory, Mrs. B called him and asked if he could be the permanent secretary to the justice ministry. Jayawickama said he was a lawyer, not a public servant. She responded:
“No no no no, you had been complaining for a long time that absolutely nothing had been done about law reform. I am telling you now come and do whatever you want to do — all the reforms you have been talking about. You have a free hand; we have got a two-third majority so the legislation can be passed. So come and do that.”
The Justice Ministry secretary’s monthly take-home at the time was around 1,800 rupees, which more than covered the 500-rupee rent onof his Park Road flat. Today, the secretary’s entire salary wouldn’t even pay for half the rent of such a flat.
Jayawickrama’s work was cut-out for him. The tale sounds familiar. The civil procedure and criminal procedure codes — the backbone of court work — were from 1880. Two distinguished commissions, chaired by Justices Noel Gratian and C. Nagalingam respectively, had already figured out what needed to be done. They produced “excellent reports” but “no government had done it”, Jayawickrama said rather ruefully.
When the attorney-general died, an acting attorney-general was identified. But he had to finish some cases he was presiding over. As the country needed to have an attorney-general, Bandaranaike appointed Jayawickrama to the office on his 33rd birthday. His contemporaries were the most junior state counsel. It was not a friendly atmosphere. Luckily for him, he had friends who warned him of the files which contained traps and snares.
He set up a research division in the Justice Ministry for law reform, consisting of five or six bright young things. The division included Dhara Wijetilleke, who became the planning ministry secretary, Suri Ratnapala, who became a distinguished constitutional law professor, and Priyani Wijesekara who became the Parliament’s secretary-general.
Unclogging justice
This team was the moving force behind the Administration of Justice Law of 1973, which overhauled the justice and courts system.
Among the many changes brought by the act was a recommendation from the Gratiaen Commission of 1952. The attorney-general’s role was almost bifurcated by creating the office for a director of public prosecutions.
The key reason Jayawickrama pushed this initiative through was to de-clog and speed-up the justice system by eliminating “non-summary proceedings”, where the police would present evidence to a magistrate to decide which court would hear a case. The public prosecutions director would instead direct the police’s inquiry and decide whether to file a case in the magistrate’s court, or at a higher court.
The team also introduced pre-trial conferences for non-criminal cases and mandated day-to-day hearings for trials, with postponement only granted in the event of family bereavement.
These initiatives faced massive protest from the Bar, as they “would change their lifestyles” and affect them financially. Not all his reforms succeeded. When he tried to regulate lawyers’ fees, the cabinet paper leaked and a lawyer representing the prime minister barged into Temple Trees, left his briefs on the breakfast table, said “you appear for yourself”, and went off. Mrs. Bandaranaike told Jayawickrama to withdraw the cabinet paper.
The Bar also refused to participate in the legal aid scheme. Jayawickrama’s response was to say that he would create a brigade of “barefoot lawyers” like barefoot doctors. Years later he said the proposal wasn’t a serious one, the remark was made in terrorem, meant to frighten the bar into becoming more generous with legal aid.
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