News
Legal expert: Proposed IPO should be answerable to Parliament, not Executive
The proposed Independent Prosecutor Office (IPO) should be answerable to the Parliament, former Human Rights Commissioner Prof. Prathibha Mahanamahewa, says.
Prof. Mahanamahewa said so in answer to a query raised by The Island regarding the Justice and National Integration Minister Attorney-at-Law initiating process meant to introduce an IPO in line with United Nations Human Rights Council (UNHRC) dictates. He emphasised the proposed mechanism shouldn’t be placed under the executive under any circumstances.
The intended establishment of an IPO is in line with UNHRC 55/1 and 60/L/1 resolutions, lawyer Mahanamahewa said, adding that a similar set up had been discussed here in the ’70s. “Such mechanisms are in operation in the UK (Crown Prosecution Service), Kenya (Office of the Director of Public Prosecutions), South Africa (National Prosecuting Authority) and Jamaica (Director of Public Prosecutions).”
The Independent Prosecutor’s Office couldn’t successfully operate in isolation, Prof. Mahanamahewa said, underlining the responsibility on the powers that be to ensure wide reforms in the police department as well as in the court system. The desired objectives couldn’t be achieved unless the government was ready to go the whole hog, he noted.
Pointing out that the proposed IPO would take over some duties and responsibilities of the Attorney General, Mahanamahewa said duplication of work had to be prevented.
Declaring the setting up of IPO had been endorsed by the electorate at the presidential and parliamentary polls last year, Mahanamahewa said, urging political parties represented in parliament to take tangible measures to introduce the proposed IPO in the new Constitution that would be enacted in the future.
Claiming that if Sri Lanka failed to meet UNHRC expectations, the issue would come up again in Geneva, Prof. Mahanamahewa stressed that it had to be borne in mind that the Constitution enacted in 1978 had done away with the IPO, empowering the AG, who advised the government in respect of legal matters ,to do the prosecutions as well. He added that the UNHRC intervention must be examined taking post 1978 developments, too, into consideration. Pointing out that in September 2024 the UNHRC had proposed the establishment of IPO as a matter of urgency, he said the Cabinet of Ministers on 7 May 2025, had decided to implement what was proposed in Anura Kumara Dissanayake’s manifesto for the 2024 September presidential election.
Accordingly, in line with the proposal made by Minister Harshana Nanayakkara to appoint a Committee of Technical Experts (CTE) to examine and report on introducing new legislation for the establishment of such an office and to make recommendations to introduce necessary amendments to the laws currently in force, where found necessary, Justice Yasantha Kodagoda, PC, Judge of the Supreme Court has been named the head of that CTE.
The UNHRC has repeatedly alleged that the Attorney General has failed to prosecute those accused of war crimes. Sri Lanka brought the war to a successful conclusion in May 2009.
Prof. Mahanamahewa said that the government could consider appointing the Independent Prosecution Commission (IPC) to achieve the same objectives. IPC could be appointed by the Constitutional Council, he said, urging the government to examine the issues at hand comprehensively before proceeding. “The UNHRC expects the mechanism to be under the legislature not the executive,” the lawyer said.
“The UNHRC gave us two years to bring the project to a successful conclusion,” he said, warning all concerned to be cautious of conflict of interests involving the AG and IPO that may cause tensions. That would be detrimental to the ongoing efforts meant to restore public faith in the judicial system.
The Island also sought the opinion of former President of BASL Saliya Pieris, PC. Declaring that establishment of IPO may not be the answer to the post-war issues experienced, the PC said: Whilst there is a need to secure the independence of public prosecutions, I am a little vary about new offices being set up given the practical difficulties relating to resources and administration. Frankly in Sri Lanka establishing new State Institutions is a nightmare. What is important is to secure the independence of the prosecution arm of the State so that it does not act on the whims and fancies of the government of the day.”
by Shamindra Ferdinando
News
Suspended Parliament official to move Court of Appeal, seek international intervention
Chamindra Kularatne, the suspended Deputy Secretary General of Parliament and Chief of Staff, has told the Opposition that he will seek the intervention of the Inter-Parliamentary Union (IPU), Commonwealth Parliamentary Association (CPA), Association of Secretaries General of Parliament (ASGP) and the United Nations Human Rights Council (UNHRC).
Kularatne has also declared his intention to move the Court of Appeal against the suspension that came into effect on 23 January on the basis of an inquiry conducted by retired Additional Secretary S.K. Liyanage.
The inquiry found fault with Kularatne for receiving a pension for a three-year and seven-month period he served as the Secretary to the Chief Government Whip during the previous administration. However, political sources said that though that particular appointment had been on a contract basis, in terms of a gazette issued at that time, it was made pensionable. Therefore, there couldn’t have been any issue with regard to Kularatne receiving a pension as stipulated in the gazette, sources said. The Island learns that Public Administration, Provincial Councils and Local Government Ministry advised that the Cabinet of Ministers be consulted regarding the matter but the Parliament acted even without bothering to seek Kularatne’s explanation.
The Staff Advisory Committee (SAC), chaired by Speaker Dr. Jagath Wickremaratne, has initiated the inquiry, though such an action should have been the prerogative of the Secretary General of Parliament, Kushani Rohanadeera, sources familiar with the developments relating to the unprecedented case, said. The SAC has also disregarded stipulation that in case of an inquiry against the Deputy Secretary General of Parliament, it should have been conducted by an officer senior to him.
The SAC consists of the Speaker, Chief Government Whip Bimal Rathnayake, Deputy Finance Minister Prof. Anil Jayantha (he represents President Anura Kumara Dissanayake who also holds the Finance portfolio) and Opposition Leader Sajith Premadasa/Chief Opposition Whip Gayantha Karunatilleke. Sources said that the SAC had been deeply divided over the decision, with SJB Karunatilleke expressing opposition to the course of action proposed by the Speaker, while Prof. Jayantha didn’t extend his support. Before Kularatne had been informed of the SAC decision on 23 January, he wasn’t given an opportunity to respond to whatever allegations directed at him, sources said.
Kularatne’s complaint to IPU would be the second against Speaker Dr. Wickremaratne since his appointment as the Speaker on 17 December, 2024. The first complaint has been lodged by Jaffna District independent group member Ramanathan Archuna. Parliament accepted the NPP’s proposal to appoint the Polonnaruwa District lawmaker after their first choice Asoka Ranwala resigned after being exposed for false claims of his higher educational qualifications.
Sources said that the ruling party had targeted Kularatne because an influential section, within the government, believed that he had sneaked on the Speaker. Kularatne’s sacking and related accusations and counter accusations dominated social media.
Opposition Leader Sajith Premadasa and ITAK Batticaloa District lawmaker Shanakiyan Rasamanickam threw their weight behind Kularatne with Premadasa questioning the legality of the action taken without seeking an explanation from the official.
Authoritative sources said that in terms of the Parliament (Powers and Privileges) Act, in addition to members of Parliament, officials, too, received protection.
During the United National Front government of Prime Minister Ranil Wickremesinghe, the then Speaker, the late W.J. M. Lokubandara, interdicted Director General (Administration) Lacille de Silva over alleged misconduct though the official claimed he was punished for leaking information. Lacille de Silva successfully moved court against his interdiction and secured his position.
By Shamindra Ferdinando
News
Sri Lanka, UAE review energy cooperation; Trincomalee hub plans discussed
The Ambassador of the United Arab Emirates (UAE) to Sri Lanka, Khaled Nasser Al Ameri, met Minister of Power and Energy Eng. Kumara Jayakody yesterday (26) to review progress on bilateral energy cooperation and explore new avenues for collaboration, with a strong focus on regional energy security and strategic infrastructure development.
The high-level discussion centred on the implementation status of understandings reached in recent years, particularly in the energy sector, and on identifying fresh opportunities to deepen engagement between Sri Lanka and the UAE. Both sides underscored the importance of translating earlier agreements into tangible outcomes amid Sri Lanka’s ongoing energy transition.
A key focus of the talks was the proposed development of the Trincomalee region as a regional energy hub. The meeting reviewed follow-up actions related to the tripartite Memorandum of Understanding signed last year between Sri Lanka, India and the UAE, which envisages collaborative development of energy-related infrastructure and logistics in and around Trincomalee, leveraging its strategic location in the Indian Ocean.
Officials discussed the next steps required to operationalise elements of the agreement, including coordination mechanisms, investment frameworks and timelines, with a view to positioning Trincomalee as a focal point for energy storage, supply and distribution in the region.
The discussions also addressed broader cooperation on regional energy security, with both parties acknowledging the growing importance of resilient, diversified and sustainable energy systems amid global volatility.
The UAE reiterated its willingness to support Sri Lanka’s energy objectives, including through technical expertise, investment and strategic partnerships aligned with the country’s long-term power sector goals.
Minister Jayakody highlighted Sri Lanka’s commitment to strengthening international partnerships to ensure energy security, accelerate infrastructure development and support the shift towards a more reliable and future-ready energy mix.
Ambassador Al Ameri reaffirmed the UAE’s interest in expanding its role as a key partner in Sri Lanka’s energy sector, building on existing goodwill and cooperation.
The meeting reflects Colombo’s broader diplomatic and economic efforts to attract strategic partners to its energy sector, particularly for large-scale projects with regional significance, as Sri Lanka seeks to stabilise supply, enhance security and position itself as an emerging energy and logistics hub in the Indian Ocean, the Ministry said.
By Ifham Nizam
News
Pathfinder Foundation inaugurates a repository for Sri Lanka’s peace initiatives
The Pathfinder Foundation’s Repository for Sri Lanka Peace Initiatives was inaugurated by Erik Solheim—former Norwegian Special Envoy to the Sri Lanka peace process, former Minister of the Environment and International Development of Norway, and former Executive Director of the United Nations Environment Programme (UNEP)—at the invitation of Milinda Moragoda, Founder, and Bernard Goonetilleke, Chairman of the Pathfinder Foundation, both among the principal negotiators of the peace process.
Over several decades, Sri Lanka repeatedly sought to resolve the separatist conflict through negotiations. Despite several initiatives, none succeeded in bringing the conflict to a negotiated conclusion.
Over the years, numerous publications—both local and foreign—have examined Sri Lanka’s conflict. SCOPP maintained a substantial body of documentation on the peace process, from January 2002 to January 2008, and the Norwegian facilitators also hold an extensive collection of records. Nevertheless, a major gap remains: the absence of a consolidated repository that brings together available documentation on the peace process, particularly one that preserves material relating to negotiations that did not reach a conclusive settlement.
Responding to this gap and encouraged by many associated with or studying the process, the Pathfinder Foundation has taken steps to establish a dedicated repository to collect and preserve documentation on Sri Lanka’s peace initiatives. Under this project, the Foundation will gather relevant information on the peace process from local and international sources.
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