Features

A Golden Age in Public Administration

Published

5 years ago

2021/01/31

It is arguable that the golden age of public administration in Ceylon/Sri Lanka were the years between 1948 and 1972, probably extending even upto 1989. Before 1948, it was a colonial, bureaucratic administration. Since 1948, Sri Lanka had a Parliamentary democracy. The administrative system during this period was one of collaboration between the administrators and the politicians, each respecting the other’s role.

There was a degree of autonomy for the public service. Most senior administrators of this period worked in English and so did the politicians. The administrators came largely from the University of Ceylon. Moreover, the parliamentarians were genuine representatives of the people, elected directly through a constituency system. The members of Parliament knew their constituents and they in turn knew their parliamentarians. These systems have gradually been eroded.

Elmo De Silva was a senior administrator during this period. His career ranged from the late 1950s to the early 1990s. The first part of his career was in district administration, and the latter part was in the Customs Department and later in the World Customs Organization. He became an international authority on certain aspects of customs administration like trade facilitation. The volume deals with his career, and also with his early life, describing his school days and university life at Peradeniya in the 1950s. His family and personal life is interwoven into the narrative. Running through his life is his love of music. His marriageto his wife, Naomi, comes through the narrative.

The author’s early life was not a bed of roses, nor was it a bed of thorns. One could describe him as belonging to a middle class family, with his father employed in the postal service, most of the time as a postmaster in the outstations. His father was transferred from one place to another and that consequently affected the author’s education as he had to change schools frequently.

The author describes in some detail, the family life of his childhood and the schools he attended. One school in Ratnapura had a class in which children aged six to 16 were placed together – an intriguing mix of primary and adult education. From his early days, the author had musical talent, and music had been one of his life-long interests. When he married Naomi, his musical interests and enjoyment were complemented by that of his wife who was an excellent pianist.

Elmo De Silva had a successful four years at the University at Peradeniya from 1953 to 1957. He ended with an honours degree in Geography. He describes his days at Peradeniya in some detail. Music was one of his interests at the time. He remembers Ivor Jennings, the Vice Chancellor, who made a big difference to Peradeniya at the time. The author is critical of the quality of some of the lectures, especially in his first year when he had to read history. He describes some of the then students by their nicknames which they probably would like to forget in later years. There are also some interesting references to University slang of that time.

From the late 1950s to the early 1970s, Elmo De Silva’s career was in district administration. He first served as an administrative officer in the Department of Agriculture. Then he joined the Land Commissioner’s Department as a District Land Officer and served in the districts of Hambantota, Galle and Polonnaruwa. He describes, the relationship he had with the members of Parliament of those districts. In those days, it was a friendly relationship.

The MPs knew their constituents intimately and were conversant with their problems. This pattern of relationships between the MP and the public servant at the district level has changed dramatically since the MPs came to be selected through proportional representation. The MPs had no familiarity with problems of constituents as they did not represent any particular geographical area within the district.

Elmo De Silva will always be remembered for his role in the second phase of the Kaudulla colonization scheme in the Polonnaruwa District. He was instrumental in opening up 5,000 acres of new land and settling colonists during his years as District Land Officer in Polonnaruwa. The volume describes his experiences of that time.

C. P. de Silva was the member of Parliament for Minneriya and the Minister of Lands, Irrigation and Power. Prior to that, he had been AGA in Polonnaruwa in the 1940s. He had an intimate knowledge of the district and Elmo de Silva had a close relationship with him (as did Ivan Samarawickrama, the then GA). The volume describes the very unusual role of C. P. de Silva in the district, as AGA, MP and Minister of Lands. There is no other politician one can think of, whose diverse roles in his career converged so intimately with the interests of his constituents (Polonnaruwa district was largely one of colonization schemes).

The author has great admiration for C. P. de Silva. “Hon C. P. de Silva was the first to conceive the Mahaweli River Irrigation Project. He thought of this when standing on the Manampitiya bridge in Polonnaruwa, under which the Mahaweli flows. If I remember correct this is referred to in the foreword to the UNDP sponsored feasibility Report”.

One ubiquitous feature of district administration when the working language was English, was the petition writer who converted complaints of the public into some kind of English in a petition which was then delivered to the relevant administrator. The author describes one of these situations. “The first petition I received was against the farm manager of the Mapalana Agricultural Farm. The petition commenced with a very obsequous sentence, which says ‘we place this petition at your honour’s feet and beg for a solution’. Since the pun of the English language was not known to the writer of the petition, there were exhilarating mistakes. Eg. the petition stated that the farm manager was “giving the works” (work) to the young women and not “giving the works” to the older women. An added ‘s’ made all the difference.

The author’s career took a dramatic turn in the mid-1970s. From agriculture and lands, he moved to international trade and the Department of Imports and Exports. Harry Gunaratna, the Controller, who was a former DLO colleague asked him to come and join him at the department as Deputy Controller. A couple of years later, a vacancy occurred in the Customs Department for what became later known as the post of Deputy Director General. There were many who were interested in this job.

When the Minister of Finance (Felix R. Dias Bandaranaike) asked the relevant officer in the Ministry “whether there was any applicant who had not lobbied to be appointed to this post. He had said that only I had not done so. Besides, I had my Import and Export control experience. He then ordered Mr. Gomez to appoint me to fill the vacancy”. That was how senior appointments were made those days.

Elmo De Silva had an outstanding career at the Customs, and was a central figure in the Sri Lankan economic transition from a controlled to an open market economy. The new government which came into power in 1977 is credited with this economic transformation. While the politicians decided on broad policies, there were many critical tasks which had to be undertaken to make them a working reality. In opening up the economy, the Customs and the tariff system had a key role to play. Elmo De Silva was actively engaged in facilitating this transition – in the removal of tariff barriers, in trade facilitation, reducing the many requirements of documentation and streamlining the procedures involved. He became an authority on trade facilitation, and was much involved in the international engagements which led to agreed procedures among customs bodies internationally.

He describes the many conferences and seminars which he attended. He worked closely with the Export Development Board. He was appointed a member of the Presidential Tariff Commission of the late 1970s. He was also appointed Chairman of the Trade Facilitation Committee. The author expresses his great regard for ministers such as Ronnie de Mel (Finance) and Lalith Athulathmudali (Trade) for their key role in the overall economic transition of the country which was initiated by President J. R. Jayewardene.

The author’s valuable insights into the operations of government in opening up the economy is a major contribution to the understanding of the economic history of that time. What emerges clearly from this volume is also the close working relationship which prevailed at the time between ministers and public servants. Technical advice was much valued, and there was a clear division between political decision making and administrative action.

Elmo De Silva had five years with the World Customs Organization (WCO) in Brussels. This was a key organization in the entire process of opening up world trade, with the establishment of the World Trade Organization and the reduction of tariff and non-tariff barriers. The author’s expertise in trade facilitation was highly regarded in the many countries and in the many organizations with which he worked while in the WCO. The volume is replete with information of his many engagements while in the WCO.

The high quality of Elmo’s contributions while at the WCO, is illustrated by the tribute paid to him by the Organization of American States (in Washington, USA), and which is contained in the volume.

On a personal note. I have known Elmo since our University days at Peradeniya, and as fellow residents of Ramanathan Hall in the 1950s. Since then, our paths have crossed as fellow District Land Officers in the 1960s. It is a privilege to have known Elmo and his wife Naomi. Elmo De Silva is one of the most conscientious public servants I have known in my career – highly principled and dedicated to his work, and at the same time, a friend for all seasons. His autobiography is indeed an important contribution to the understanding of public administration in our time.

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Features

Rebuilding the country requires consultation

Published

6 hours ago

2026/01/13

Sahan Weerasooriya

A positive feature of the government that is emerging is its responsiveness to public opinion. The manner in which it has been responding to the furore over the Grade 6 English Reader, in which a weblink to a gay dating site was inserted, has been constructive. Government leaders have taken pains to explain the mishap and reassure everyone concerned that it was not meant to be there and would be removed. They have been meeting religious prelates, educationists and community leaders. In a context where public trust in institutions has been badly eroded over many years, such responsiveness matters. It signals that the government sees itself as accountable to society, including to parents, teachers, and those concerned about the values transmitted through the school system.

This incident also appears to have strengthened unity within the government. The attempt by some opposition politicians and gender misogynists to pin responsibility for this lapse on Prime Minister Dr Harini Amarasuriya, who is also the Minister of Education, has prompted other senior members of the government to come to her defence. This is contrary to speculation that the powerful JVP component of the government is unhappy with the prime minister. More importantly, it demonstrates an understanding within the government that individual ministers should not be scapegoated for systemic shortcomings. Effective governance depends on collective responsibility and solidarity within the leadership, especially during moments of public controversy.

The continuing important role of the prime minister in the government is evident in her meetings with international dignitaries and also in addressing the general public. Last week she chaired the inaugural meeting of the Presidential Task Force to Rebuild Sri Lanka in the aftermath of Cyclone Ditwah. The composition of the task force once again reflects the responsiveness of the government to public opinion. Unlike previous mechanisms set up by governments, which were either all male or without ethnic minority representation, this one includes both, and also includes civil society representation. Decision-making bodies in which there is diversity are more likely to command public legitimacy.

Task Force

The Presidential Task Force to Rebuild Sri Lanka overlooks eight committees to manage different aspects of the recovery, each headed by a sector minister. These committees will focus on Needs Assessment, Restoration of Public Infrastructure, Housing, Local Economies and Livelihoods, Social Infrastructure, Finance and Funding, Data and Information Systems, and Public Communication. This structure appears comprehensive and well designed. However, experience from post-disaster reconstruction in countries such as Indonesia and Sri Lanka after the 2004 tsunami suggests that institutional design alone does not guarantee success. What matters equally is how far these committees engage with those on the ground and remain open to feedback that may complicate, slow down, or even challenge initial plans.

An option that the task force might wish to consider is to develop a linkage with civil society groups with expertise in the areas that the task force is expected to work. The CSO Collective for Emergency Relief has set up several committees that could be linked to the committees supervised by the task force. Such linkages would not weaken the government’s authority but strengthen it by grounding policy in lived realities. Recent findings emphasise the idea of “co-production”, where state and society jointly shape solutions in which sustainable outcomes often emerge when communities are treated not as passive beneficiaries but as partners in problem-solving.

Cyclone Ditwah destroyed more than physical infrastructure. It also destroyed communities. Some were swallowed by landslides and floods, while many others will need to be moved from their homes as they live in areas vulnerable to future disasters. The trauma of displacement is not merely material but social and psychological. Moving communities to new locations requires careful planning. It is not simply a matter of providing people with houses. They need to be relocated to locations and in a manner that permits communities to live together and to have livelihoods. This will require consultation with those who are displaced. Post-disaster evaluations have acknowledged that relocation schemes imposed without community consent often fail, leading to abandonment of new settlements or the emergence of new forms of marginalisation. Even today, abandoned tsunami housing is to be seen in various places that were affected by the 2004 tsunami.

Malaiyaha Tamils

The large-scale reconstruction that needs to take place in parts of the country most severely affected by Cyclone Ditwah also brings an opportunity to deal with the special problems of the Malaiyaha Tamil population. These are people of recent Indian origin who were unjustly treated at the time of Independence and denied rights of citizenship such as land ownership and the vote. This has been a festering problem and a blot on the conscience of the country. The need to resettle people living in those parts of the hill country which are vulnerable to landslides is an opportunity to do justice by the Malaiyaha Tamil community. Technocratic solutions such as high-rise apartments or English-style townhouses that have or are being contemplated may be cost-effective, but may also be culturally inappropriate and socially disruptive. The task is not simply to build houses but to rebuild communities.

The resettlement of people who have lost their homes and communities requires consultation with them. In the same manner, the education reform programme, of which the textbook controversy is only a small part, too needs to be discussed with concerned stakeholders including school teachers and university faculty. Opening up for discussion does not mean giving up one’s own position or values. Rather, it means recognising that better solutions emerge when different perspectives are heard and negotiated. Consultation takes time and can be frustrating, particularly in contexts of crisis where pressure for quick results is intense. However, solutions developed with stakeholder participation are more resilient and less costly in the long run.

Rebuilding after Cyclone Ditwah, addressing historical injustices faced by the Malaiyaha Tamil community, advancing education reform, changing the electoral system to hold provincial elections without further delay and other challenges facing the government, including national reconciliation, all require dialogue across differences and patience with disagreement. Opening up for discussion is not to give up on one’s own position or values, but to listen, to learn, and to arrive at solutions that have wider acceptance. Consultation needs to be treated as an investment in sustainability and legitimacy and not as an obstacle to rapid decisionmaking. Addressing the problems together, especially engagement with affected parties and those who work with them, offers the best chance of rebuilding not only physical infrastructure but also trust between the government and people in the year ahead.

by Jehan Perera

Features

PSTA: Terrorism without terror continues

Published

6 hours ago

2026/01/13

Sahan Weerasooriya

When the government appointed a committee, led by Rienzie Arsekularatne, Senior President’s Counsel, to draft a new law to replace the Prevention of Terrorism Act (PTA), as promised by the ruling NPP, the writer, in an article published in this journal in July 2025, expressed optimism that, given Arsekularatne’s experience in criminal justice, he would be able to address issues from the perspectives of the State, criminal justice, human rights, suspects, accused, activists, and victims. The draft Protection of the State from Terrorism Act (PSTA), produced by the Committee, has been sharply criticised by individuals and organisations who expected a better outcome that aligns with modern criminal justice and human rights principles.

This article is limited to a discussion of the definition of terrorism. As the writer explained previously, the dangers of an overly broad definition go beyond conviction and increased punishment. Special laws on terrorism allow deviations from standard laws in areas such as preventive detention, arrest, administrative detention, restrictions on judicial decisions regarding bail, lengthy pre-trial detention, the use of confessions, superadded punishments, such as confiscation of property and cancellation of professional licences, banning organisations, and restrictions on publications, among others. The misuse of such laws is not uncommon. Drastic legislation, such as the PTA and emergency regulations, although intended to be used to curb intense violence and deal with emergencies, has been exploited to suppress political opposition.

International Standards

The writer’s basic premise is that, for an act to come within the definition of terrorism, it must either involve “terror” or a “state of intense or overwhelming fear” or be committed to achieve an objective of an individual or organisation that uses “terror” or a “state of intense or overwhelming fear” to realise its aims. The UN General Assembly has accepted that the threshold for a possible general offence of terrorism is the provocation of “a state of terror” (Resolution 60/43). The Parliamentary Assembly of the Council of Europe has taken a similar view, using the phrase “to create a climate of terror.”

In his 2023 report on the implementation of the UN Global Counter-Terrorism Strategy, the Secretary-General warned that vague and overly broad definitions of terrorism in domestic law, often lacking adequate safeguards, violate the principle of legality under international human rights law. He noted that such laws lead to heavy-handed, ineffective, and counterproductive counter-terrorism practices and are frequently misused to target civil society actors and human rights defenders by labelling them as terrorists to obstruct their work.

The United Nations Office on Drugs and Crime (UNODC) has stressed in its Handbook on Criminal Justice Responses to Terrorism that definitions of terrorist acts must use precise and unambiguous language, narrowly define punishable conduct and clearly distinguish it from non-punishable behaviour or offences subject to other penalties. The handbook was developed over several months by a team of international experts, including the writer, and was finalised at a workshop in Vienna.

Anti-Terrorism Bill, 2023

A five-member Bench of the Supreme Court that examined the Anti-Terrorism Bill, 2023, agreed with the petitioners that the definition of terrorism in the Bill was too broad and infringed Article 12(1) of the Constitution, and recommended that an exemption (“carve out”) similar to that used in New Zealand under which “the fact that a person engages in any protest, advocacy, or dissent, or engages in any strike, lockout, or other industrial action, is not, by itself, a sufficient basis for inferring that the person” committed the wrongful acts that would otherwise constitute terrorism.

While recognising the Court’s finding that the definition was too broad, the writer argued, in his previous article, that the political, administrative, and law enforcement cultures of the country concerned are crucial factors to consider. Countries such as New Zealand are well ahead of developing nations, where the risk of misuse is higher, and, therefore, definitions should be narrower, with broader and more precise exemptions. How such a “carve out” would play out in practice is uncertain.

In the Supreme Court, it was submitted that for an act to constitute an offence, under a special law on terrorism, there must be terror unleashed in the commission of the act, or it must be carried out in pursuance of the object of an organisation that uses terror to achieve its objectives. In general, only acts that aim at creating “terror” or a “state of intense or overwhelming fear” should come under the definition of terrorism. There can be terrorism-related acts without violence, for example, when a member of an extremist organisation remotely sabotages an electronic, automated or computerised system in pursuance of the organisation’s goal. But when the same act is committed by, say, a whizz-kid without such a connection, that would be illegal and should be punished, but not under a special law on terrorism. In its determination of the Bill, the Court did not address this submission.

PSTA Proposal

Proposed section 3(1) of the PSTA reads:

Any person who, intentionally or knowingly, commits any act which causes a consequence specified in subsection (2), for the purpose of-

(a) provoking a state of terror;

(b) intimidating the public or any section of the public;

(c) compelling the Government of Sri Lanka, or any other Government, or an international organisation, to do or to abstain from doing any act; or

(d) propagating war, or violating territorial integrity or infringing the sovereignty of Sri Lanka or any other sovereign country, commits the offence of terrorism.

The consequences listed in sub-section (2) include: death; hurt; hostage-taking; abduction or kidnapping; serious damage to any place of public use, any public property, any public or private transportation system or any infrastructure facility or environment; robbery, extortion or theft of public or private property; serious risk to the health and safety of the public or a section of the public; serious obstruction or damage to, or interference with, any electronic or automated or computerised system or network or cyber environment of domains assigned to, or websites registered with such domains assigned to Sri Lanka; destruction of, or serious damage to, religious or cultural property; serious obstruction or damage to, or interference with any electronic, analogue, digital or other wire-linked or wireless transmission system, including signal transmission and any other frequency-based transmission system; without lawful authority, importing, exporting, manufacturing, collecting, obtaining, supplying, trafficking, possessing or using firearms, offensive weapons, ammunition, explosives, articles or things used in the manufacture of explosives or combustible or corrosive substances and biological, chemical, electric, electronic or nuclear weapons, other nuclear explosive devices, nuclear material, radioactive substances, or radiation-emitting devices.

Under section 3(5), “any person who commits an act which constitutes an offence under the nine international treaties on terrorism, ratified by Sri Lanka, also commits the offence of terrorism.” No one would contest that.

The New Zealand “carve-out” is found in sub-section (4): “The fact that a person engages in any protest, advocacy or dissent or engages in any strike, lockout or other industrial action, is not by itself a sufficient basis for inferring that such person (a) commits or attempts, abets, conspires, or prepares to commit the act with the intention or knowledge specified in subsection (1); or (b) is intending to cause or knowingly causes an outcome specified in subsection (2).”

While the Arsekularatne Committee has proposed, including the New Zealand “carve out”, it has ignored a crucial qualification in section 5(2) of that country’s Terrorism Suppression Act, that for an act to be considered a terrorist act, it must be carried out for one or more purposes that are or include advancing “an ideological, political, or religious cause”, with the intention of either intimidating a population or coercing or forcing a government or an international organisation to do or abstain from doing any act.

When the Committee was appointed, the Human Rights Commission of Sri Lanka opined that any new offence with respect to “terrorism” should contain a specific and narrow definition of terrorism, such as the following: “Any person who by the use of force or violence unlawfully targets the civilian population or a segment of the civilian population with the intent to spread fear among such population or segment thereof in furtherance of a political, ideological, or religious cause commits the offence of terrorism”.

The writer submits that, rather than bringing in the requirement of “a political, ideological, or religious cause”, it would be prudent to qualify proposed section 3(1) by the requirement that only acts that aim at creating “terror” or a “state of intense or overwhelming fear” or are carried out to achieve a goal of an individual or organisation that employs “terror” or a “state of intense or overwhelming fear” to attain its objectives should come under the definition of terrorism. Such a threshold is recognised internationally; no “carve out” is then needed, and the concerns of the Human Rights Commission would also be addressed.

by Dr. Jayampathy Wickramaratne
President’s Counsel

Features

ROCK meets REGGAE 2026

Published

6 hours ago

2026/01/13

Sahan Weerasooriya

JAYASRI: From Vienna, Austria

We generally have in our midst the famous JAYASRI twins, Rohitha and Rohan, who are based in Austria but make it a point to entertain their fans in Sri Lanka on a regular basis.

Well, rock and reggae fans get ready for a major happening on 28th February (Oops, a special day where I’m concerned!) as the much-awaited ROCK meets REGGAE event booms into action at the Nelum Pokuna outdoor theatre.

It was seven years ago, in 2019, that the last ROCK meets REGGAE concert was held in Colombo, and then the Covid scene cropped up.

Chitral Somapala with BLACK MAJESTY

This year’s event will feature our rock star Chitral Somapala with the Australian Rock+Metal band BLACK MAJESTY, and the reggae twins Rohitha and Rohan Jayalath with the original JAYASRI – the full band, with seven members from Vienna, Austria.

According to Rohitha, the JAYASRI outfit is enthusiastically looking forward to entertaining music lovers here with their brand of music.

Their playlist for 28th February will consist of the songs they do at festivals in Europe, as well as originals, and also English and Sinhala hits, and selected covers.

Says Rohitha: “We have put up a great team, here in Sri Lanka, to give this event an international setting and maintain high standards, and this will be a great experience for our Sri Lankan music lovers … not only for Rock and Reggae fans. Yes, there will be some opening acts, and many surprises, as well.”

Rohitha, Chitral and Rohan: Big scene at ROCK meets REGGAE

Rohitha and Rohan also conveyed their love and festive blessings to everyone in Sri Lanka, stating “This Christmas was different as our country faced a catastrophic situation and, indeed, it’s a great time to help and share the real love of Jesus Christ by helping the poor, the needy and the homeless people. Let’s RISE UP as a great nation in 2026.”