Features
JRJ’s detailed account of the drawing of the Indo-Lanka Peace Agreement
(Excerpted from Men and Memories by
JR Jayewardene)
A timetable was worked out between the two governments for signing an Accord based on these proposals to take place preferably in January 1987. Chidambaram and Natwar Singh visited Colombo for further discussions with me for the third time on December 17, 1986. No agreement could be reached at these discussions for (a) ( the merger of the two Provinces (the North and the East) or (b) exclusion of the Amparai District from the Eastern Province.
An official statement issued after the 19 December 19 meeting, made the following points:
President J.R. Jayewardene and the two Indian Ministers discussed further ideas in continuation of the discussions held in the past. At the end of the discussions, the following proposals emerged:
i) The present territory comprising the Eastern Province minus the Amparai Electoral District may constitute the new Eastern Province.
ii) A Provincial Council will be established for the new Eastern Province.
iii) The institutional linkages between the Northern Province and the Eastern Province discussed earlier will be further refined in order to make it more acceptable to the parties concerned.
iv) The Sri Lanka Government will be willing to consider a proposal for a second stage of constitutional development providing for the Northern Province and the new Eastern Province to modalities being agreed upon for ascertaining the wishes of the people comprised in the Northern Province and the Eastern Province separately.
v) The Sri Lanka Government is willing to consider the creation of an office of Vice-President to be appointed by the President for a specified term.
vi) The five Muslim M.P.s of the Eastern Province may be invited to visit India and to discuss matters of mutual concern with the Tamil side under the auspices of the Government of India.
It would appear that the LTTE was intent on scuttling the agreement that the two governments were on the verge of signing and as a means of preventing this they hit upon the notion of a unilateral declaration of Independence in the North of the Island. The Sri Lanka Government’s response to this was predictably tough.
In an attempt to preempt such a declaration, the government sent troop reinforcements into the Eastern and Northern provinces with instructions to clear these areas of the LTTE and other separatist groups. Contrary to expectations, the LTTE did not put up much of a fight. The LTTE forces fled to the Jaffna peninsula.
The Indian Government, much perturbed by this turn of events, put considerable pressure on the Sri Lankan Government to abandon these military moves and to resume the search for a political solution. These public expressions of displeasure from New Delhi strained relations between the two countries in February and March 1987. On March 14, 1987, an Indian emissary, another Minister of State, Dinesh Singh, was sent to meet me in the hope that the political process could be revived.
In response, the Sri Lankan Government offered the Tamils a ceasefire for the duration of the national holidays in April 1987. The LTTE spurned this offer and responded with the Good Friday-Bus Massacre in April where 130 persons were mowed down by automatic weapons on the road from Trincomalee to Colombo. The LTTE followed this up with a bomb explosion in Colombo’s main bus station in which over 100 persons were killed.
Faced with a serious erosion of political support as a result of these outrages, the government decided to make an attempt to regain control of the Jaffna peninsula. ‘Operation Liberation’, which began in April 1987 in the Vadamarachchi division of the North-Eastern part of the peninsula, was directed at preventing the hitherto easy movement of men and material from Tamil Nadu. By the end of May, Sri Lankan forces had gained control of this area.
The LTTE, the most formidable Tamil separatist group, had suffered a serious setback, and in a region they had dominated for long. At this point, India moved swiftly to prevent the subjugation of the Jaffna peninsula by the Sri Lanka forces. The Indian High Commissioner, J.N. Dixit, pointedly informed Lalith Athulathmudali, Minister of National Security, that India would not permit the Sri Lanka Army to take Jaffna town. The same message was conveyed to me.
In the course of my speech at the Bank of Ceylon’s new headquarters building opening on 27 May 27, I dwelt at some length on the Vadamarachchi operation, and the government’s intention to proceed with that till the LTTE forces were defeated. In the evening, Dixit called on me at my home in Ward Place and conveyed a message from Rajiv. The gist of it was written by Dixit on an envelope! It read as follows:
1. Deeply disappointed and distressed
2. Thousands of civilians killed since 1983, has aroused tremendous indignation.
3. Your latest offensive in Jaffna peninsula has altered the entire basis of our understanding.
4. We cannot accept genocide.
5. Please do not force us to review our policies.
The “review of our policies”, which Dixit threatened on behalf of the Indian Government, came. There was first a public monetary grant of US$3.2 million from the Tamil Nadu Government to the LTTE and its allies. The Indian Government, for its part, escalated the level of its own involvement in Sri Lanka when it announced that it was sending shipments of food and petroleum products to Jaffna, which, it claimed, was facing a severe shortage of these items through a blockade by the Sri Lankan forces.
Despite the refusal of the Sri Lankan Government to accept this offer or concede the need for it, a first shipment, in a flotilla of about 20 Indian fishing vessels, was dispatched on June 3, 1987, but was turned back by the Sri Lanka Navy. When this happened, the Indian Air Force in a blatant violation of International Law and of the Sri Lankan airspace, dropped food and medical supplies to Jaffna on the following day.
All these constituted an unmistakable demonstration of Indian support for the Tamil separatist movement in Sri Lanka. The Indian supply of food to Jaffna continued over the next few weeks by sea with the formal, but clearly reluctant, agreement of the Sri Lankan Government. In the rest of the country, the mood was a mixture of anxiety over a long war of attrition in the North.
The demonstration of India’s sea and air power achieved a number of objectives. It saved the LTTE from imminent destruction, stopped any further expansion of the Sri Lanka Army’s campaign after Vadamarachchi, and reduced the Sri Lanka Government to military impotence if India continued to give more help to the terrorist movement, especially the LTTE.
In June 1987, Minister Gamini Dissanayake received a letter from N. Ram, the Associate Editor of the Madras based Indian newspaper The Hindu. Dissanayake and Ram had known each other for some time as Gamini was on the Board of Control for Cricket in Sri Lanka, and during his visits to India to discuss cricket affairs, he got to know Ram who was also interested in cricket. Ram was also known to Prime Minister Rajiv Gandhi.
The letter contained proposals for a possible settlement of the Sri Lanka crisis through Indian mediation. After talks with Dixit, who was given a mandate by his government to discuss with me the principles in Ram’s letter, I received word from Rajiv, sometime after July 9, 1987, that he was intent on helping to break the deadlock in the negotiations on the settlement of Sri Lanka’s ethnic conflict, and that he would force the Tamil separatists to accept a settlement on the basis of the agreements reached between the Governments of India and Sri Lanka between May and December 1986.
The gist of the offer was as follows: If the Sri Lanka Government would agree to a joinder of the Northern and Eastern Provinces on a temporary basis, India would impose a settlement on the Tamils. If the LITE would not agree, the settlement would still go ahead, and they would be forced to comply.
I suggested that the temporary joinder should have a time-limit and that a referendum be held in the Eastern Province to decide whether or not people there wished their Province to be linked to the Northern Province.
The Indians agreed to this. I took a calculated risk, as I had in 1957, opposed the Bandaranaike–Chelvanayagam Pact on this very issue. There was however the escape clause of a referendum which I hoped would mollify critics of this move, because the Sinhalese and the Muslims who together constituted 60 per cent of the population of the Eastern Province would not willingly accept this merger and that at a referendum the 60 per cent would win.
By mid-July, the Indian Government agreed to underwrite the settlement, provided some of the foreign policy concerns were included in the letters that were to be exchanged. Rajiv too was tired of Prabhakaran and the LTTE and decided to go along with me, with the acquiescence of the LTTE, if possible, or even without it. He agreed to afford such military assistance as was necessary to implement these proposals if the Government accepted it.
Sri Lanka insisted that the agreement should be between the two governments and not between the Sri Lanka Government and the LTTE and other terrorist groups. India agreed to this. Sri Lanka also agreed to the mention of the foreign policy concerns of the Indian Government in the exchange of letters which formed part of the annexures to the agreement to be incorporated in a treaty between the two countries at a later date.
Minister Gamini Dissanayake on my behalf and High Commissioner Dixit on behalf of Rajiv Gandhi, did much of the preliminary drafting which were put up to the two leaders for their approval.
The draft of the agreement was ready by July 15, 1987 for discussion by the Cabinet at its meetings. Mr. Dixit attended the meetings of the Cabinet held on July 15 and 25. Rajiv Gandhi, in the meantime, informed me that he was prepared to come to Colombo on Saturday, July 25, to sign the Accord. I requested him to delay the arrival till Wednesday, July 29.
I needed to get the support of the Cabinet, the Working Committee of the UNP and Prime Minister Premadasa, who was out of the island and was due to return on July 25. The final Cabinet meeting was fixed for Monday July 27. On July 27, the Cabinet approved of my signing the Accord on the scheduled date, that is July 29. One member of the Cabinet, Minister Gamini Jayasuriya, resigned a few weeks later when the Provincial Council Bill was approved by the Cabinet to be presented in Parliament.
On July 29, 1987, Prime Minister Rajiv Gandhi arrived in Sri Lanka and the Agreement was signed, while there was violent opposition to its signing in certain parts of the island, especially in Colombo.
I was informed by the Inspector General of Police that 4,000 of his men were deployed in Kandy where the annual Perehera (religious procession) to do honour to the Buddha’s Tooth Relic was being held and large crowds were gathering worsening my predicament.
Rajiv offered to help. We agreed that he would provide me with planes and helicopters to bring down some of our troops from the North to the South and that he would send a few of his troops to do ground duty in the North. It was peaceful after the Agreement was signed. The main points of the Agreement were as follows:
A complete cessation of hostilities, and the surrender of all weapons held by the Tamil separatist activists, within seventy-two hours of the implementation of the Accord.
The provision of Indian military assistance to help in its implementation.
The establishment of a system of Provincial Councils in the island based on the island’s nine Provinces.
The joining together of the Northern and Eastern Provinces into a single administrative unit with a Provincial Council for it to be elected within three months.
The holding of a referendum in the Eastern Province to determine whether the mixed population of Tamils, Sinhalese and Muslims there would support its merger with the Northern Provinces into a single Tamil-dominated province.
A general amnesty for all Tamil separatist activists in custody, imprisoned or facing charges, after the general surrender of arms.
The repatriation of about 100,000 Tamil refugees in India to Sri Lanka.
The resumption of the repatriation of Indian citizens to Sri Lanka, under the terms of agreements reached between the Governments of Sri Lanka and India in 1964 and 1974.
The prevention of the use of Indian territory by Tamil separatist activists for military or propaganda purposes; the prevention of the military use of Sri Lanka ports, Trincomalee in a manner prejudicial to Indian interests; and Tamil and English to have equal status with Sinhala, as official languages in Sri Lanka.
Rajiv Gandhi narrowly escaped serious injury, if not death itself, as stated earlier, at the Guard of Honour Ceremony prior to his departure from Colombo on July 30. Four years later on May 20, 1991, the LTTE succeeded in doing precisely that in Tamil Nadu.
On his return to New Delhi on July 31, 1987, Rajiv Gandhi was informed that Prabhakaran had at last agreed to accept the Agreement. He conveyed this information to me on August 2, 1987 in a document that reads as follows:
1. In the light of offers conveyed through Dixit in August, about interim administrative arrangements in the North-Eastern Province to be created, and offers concerning employment of Tamil separatist cadres after they surrender their arms, Prabhakaran, leader of the LTTE has: agreed to participation in the implementation of the agreement; agreed to the surrender of arms; and Prabhakaran would like to be in Jaffna personally to organize surrender of arms.
2. In the interest of conciliation and peaceful implementation of the Accord, Prabhakaran will be airdropped at Jaffna by the evening of today, August 2. Prabhakaran has agreed to the following schedule for the surrender of arms, etc. as given by the Government of India:
August 2 evening arrive in Jaffna
August 3 noon Indian Army to fan out into all parts of the Jaffna peninsula, including Jaffna City.
August 4 surrender of arms by LTTE. Events to be witnessed by the Press and TV.
August 5 President Jayewardene may kindly announce the decision in principle, to set up an Interim Administration in the North-Eastern Province before Provincial Council elections. Details to be worked out in consultation with Government of India.
3. I would like to assure you that if Prabhakaran goes back on his word in any manner or fails to organize surrender of arms, the Indian Army will move to disarm LTTE by force.
4. In the light of the above, time limit for the surrender of arms will have to be extended from 1530 hours of August 3 to the evening of August 5: another 48 hours extension is envisaged. Ceasefire will be maintained by the Indian forces.
5. I request that no publicity should be given to these arrangements till the late afternoon of 3 August 3. The above arrangements can be announced on the August 3 afternoon.
For three months there was peace. In October 1987, when certain prominent LITE leaders were captured illegally conveying arms to Sri Lanka, the Sri Lanka Government insisted that the captured men be brought to Colombo for interrogation. When they were to be brought to Colombo by plane, 17 of them consumed cyanide and 12 of them died. Their deaths gave the LTTE the excuse to do what they had always intended to do. They turned their guns on the Sinhalese in Jaffna, Batticaloa and Trincomalee.
Since that date, the LTTE have been fighting the IPKF, till the IPKF was withdrawn at the request of the Sri Lanka Government. However, because of the Agreements, except the LTTE, all the terrorist and other groups had given up violence and were cooperating with the government and in the democratic way of life. They were the EPRLF, TELO, EROS, PLOT and TULF.
Provincial Council elections were held for the combined Northern and Eastern Provinces on November 19, 1988 and an EPRLF Chief Minister was elected. Much of this has been nullified by the LTTE’s violent opposition. They have fought some of the other groups mentioned above and killed many of their supporters. Today they alone are fighting a battle with the present Government of Sri Lanka whereas the others have all joined in the democratic way of life and some are representatives of their areas in the supreme legislature, the Parliament of Sri Lanka. India no longer helps them. They instead fought them in Sri Lanka and are fighting them in India.
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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