Features
Colombo port city economic commission bill 2021
“Poorly drafted statutes are a burden on the entire State. Judges struggle to interpret and apply them. Attorneys find it difficult to base any sure advice upon them and the citizens desire to conform to them is confused. At times, totally unforeseen results are seen… On many occasions, defects lead to litigation.”
J. Menard, Legislative Counsel.USA
The Draft Bill, titled Colombo Port City Economic Commission Act 2021, is an important piece of legislation. It can be described as a game-changer for Sri Lanka. It is the biggest foreign investment received by Sri Lanka and it can lead to a success story as in many other countries. At this stage, review of the Draft Bill is of paramount importance, as it constitutes a marketing tool along with the Master-Plan prepared by the Chinese Harbour Company Ltd.
Unfortunately, this Draft Bill was not subject to pre-parliamentary review by our professional organisations and the epistemic community. In modern times, there is a constitutional practice in Commonwealth countries to consult the stakeholders, professional bodies and the epistemic community in regard to important legislation. The Advisory Council, appointed to draft the Securities Exchange Commission Bill 2019, under Dr. Kanag Iswaran, of which I was the Drafting Consultant, decided to involve the stakeholders and those interested in the subject matter by providing them with an exposure draft. It was a very useful exercise to clarify any ambiguities, inconsistencies and grey areas which can create problems in the implementation process.
Before I deal with the review of the draft Bill, I would like to provide a global perspective on legislation relating to port cities and special economic zones.
GLOBAL PERSPECTIVE
Legislation relating to port cities and special economic zones differ from one jurisdiction to another. There is no uniformity in such legislation, as “one size does not fit all”.
In Latin America and the Caribbean, special economic zones or offshore financial centres have grown piece-meal over a period of time to meet the needs and demands of the international business community. At the early stage, these countries enacted International Business Companies Act with no-tax or low-tax regime. Later on, they developed offshore banking, offshore trusts, offshore captive insurance and many other products and services to satisfy the needs and demands of high net-worth individuals and corporate clients.
Bahamas Offshore Banks and Trusts Act and the BVI Offshore Companies Act stand out as success stories. Likewise, Panama has registered several offshore shipping companies and provided them with the Panamanian flag to sail around the world. Antigua and Barbuda introduced internet gambling and it was challenged by the USA, but they won the case at the WTO.
In Europe, similar developments took place in Switzerland, Ireland, Jersey, Isle of Man and Cyprus. These countries and territories have made many innovations to attract foreign investments by registering international business companies and later on by introducing various products and services. Switzerland is known for bank secrecy.
In the Middle East, new legislation was enacted to start on a clean slate. Both in Qatar and Dubai, they were confined to one piece of legislation and managed by Qatar Financial Services Authority and Dubai Financial Services Authority respectively according to regulatory policy and the law. It is very different from the way the English-speaking Common Law countries operate Special Economic Zones.
In Labuan (Malaysia), Dr. Mahatir Mohammed established the Labuan Offshore Financial Authority and introduced lengthy legislation on offshore banking, offshore trusts, offshore insurance, offshore partnerships, etc., so that they are guided by law and not by policy. It has proved to be a roaring success with the participation of a very few but very rich clientele.
In Sri Lanka, the Draft Bill provides the legal and regulatory framework to attract investments to develop the infrastructure of the Port City and also provide offshore products and services to the international business community. This legal framework is one of its kind and conceptually sound, as its scope and content can be expanded by the Economic Commission by way of Regulations, Rules, Orders and By-Laws. Hence, Sri Lanka has adopted the legislative technique of shorter Parliamentary Act and longer Executive Regulations in drafting complex legislation, as advocated by Justice Crabbe at CALC meeting in Ocho Rios, Jamaica (1986).
On reading the draft Bill, I find that there are few gaps and problems relating to legislative drafting. Hence, I wish to say something about legislative drafting before I undertake a constructive review of the draft Bill for the sake of our children and grandchildren.
LEGISLATIVE DRAFTING
Legislative Drafting is a form of communication very different to any other form of writing. It has no excess words and no repetitions. It must have clarity and simplicity, so that it could be understood clearly by stakeholders, statute users and investors.
Lord Thring, former First Parliamentary Counsel of the UK, said about 150 years ago that legislation must be drafted in the same way as razors are made to sell. Hence, legislation should be marketable, effective and efficient to achieve the objectives enumerated therein. On this basis, I will now proceed to suggest a few changes to make the draft Bill more attractive to investors and reduce ambiguities, lacunae and grey areas in the capacity of a Legislative Draftsman with 40 years standing in many Commonwealth countries.
REVIEW OF THE DRAFT BILL
(a) Long Title
The long title is too long. It must be clear and concise to capture the broad scope and content of the draft Bill. I humbly suggest the following long title.
AN ACT
to make the Colombo Port City a Special Economic Zone; to establish and empower the Economic Commission to promote, manage, regulate and attract investments to the Colombo Port City by establishing a single window; to attract corporate clients and high net-worth individuals to establish offshore banks, offshore companies, residential condominium units, hospitals and any other product or service; to provide investors with incentives and tax exemptions; to establish International and National Dispute Resolution Centre within the Zone; and for matters connected therewith or incidental thereto.
(b) Preamble
The preamble to the Draft Bill is not attractive and should illustrate Sri Lanka’s competitiveness by reference to her strategic position in the Indian Ocean. I humbly submit the following opening lines to the preamble.
WHEREAS
, Sri Lanka enjoys an enviable strategic advantage in the Indian Ocean as a gateway to West Asia, East Africa, Indian Sub-Continent and East Asia where the Chinese Belt and Road Initiative will impact on the Special Economic Zone along with the participation of other trading powers in this region and beyond …
(c)
Part II of the Draft Bill
Part II of the Draft Bill deals with objectives, powers, duties and functions of the Commission. It is an important part and should include a clause to ensure that the prime duty of the Commission is to prevent money laundering and inflow of terrorist financing.
Clause 5(b) should be deleted and be substituted by the following sub-clause, in order to avoid inconsistency with the Board of Investment Act –
(b) attract foreign direct investments to develop the infrastructure of the Port City with multiplier effect on the rest of the country.
It is useful to add immediately after paragraph (2) of clause 6, the following new paragraph (3), in order to allow local legal and accountancy firms in Sri Lanka to play a dynamic role as AGENTS in promoting investments in the Colombo Port City as in other Port Cities. The Offshore Directory provides a List of all agents operating in various jurisdictions. The draft Bill does not appear to provide an opportunity to our lawyers and accountants to play a dynamic role in promoting investments as agents and this should be expressly stated in paragraph(3)
(3) In the exercise, performance and discharge of its powers and duties and functions under sub-section (1), the Commission shall approve agents who may represent offshore companies, offshore banks and other investors at the Commission by being resident in Sri Lanka.
(d) Part III of the Draft Bill
Part III deals with the composition, administration and management of the affairs of the Commission. The Commission has exclusive responsibility in granting registration to offshore banks and companies. A question may arise whether the Commission could register an offshore bank, if the Monetary Board refuses to give a license or classifies the licence into class A, Class B and Class C Banks and impose certain conditions to protect investors as in other offshore financial centres.
The Commission needs to maintain a check-list of all black-listed investors with the assistance of other Special Economic Zones. Otherwise, criticisms will be mounted against the Commission.
The Commission needs to protect the reputation of the Colombo Port City. If something goes wrong, the Colombo Port City will not be a blessing but a curse. Hence, every endeavour should be made to prevent drug money or terrorist funds coming into the Colombo Port City in a devious manner. Such devious methods include numbered accounts and bearer shares. In this day and age, we cannot adopt the policy “Let the robber barons come”, as the international community will be watching us at every step as to how we handle our offshore business.
Lack of proper scrutiny of the investors may lead to a disaster. In Antigua and Barbuda, Robert Allen Stanford obtained a license to operate an offshore investment bank. He built several offices, condominiums and sponsored 20/20 Cricket Tournaments. Later on, he was convicted of a Ponzi scheme and was sentenced to imprisonment by an US Court for a period of 120 years. In 2015 when I visited Antigua, I was shocked to see that a part of the Financial Centre was like a Ghost City.
(e) Part V of the Draft Bill
Part V deals with the Director-General and the Staff of the Commission. There should be a provision in this Part to say that the Director-General and the Staff of the Commission shall be deemed to be public servants under the Bribery Act and the Penal Code.
(f) Part VII of the Draft Bill
Part VII deals with the registration of offshore companies. It is not something new to Sri Lanka. Offshore companies were introduced under the 1982 Companies Act, so that youth in Sri Lanka could be employed as seafarers in these offshore shipping companies. It was a dream of late Lalith Athulathmudali to register offshore shipping companies as in Panama and provide opportunities for our youth to be seafarers, marine engineers and pilots.
Offshore company registration under the Companies Act 1982 and the Companies Act 2007 failed for several reasons. The tax regime was not clearly laid down. The provisions relating to offshore companies were inadequate to deal with issues relating to offshore shipping. A provision should be included in this Part of the Draft Bill to make Regulations relating to offshore companies, especially offshore shipping companies, offshore trusts companies, offshore insurance companies, etc., if we were to develop this concept to its logical ends as a competitive destination in the offshore world.
The Economic Commission provides offshore companies with tax exemptions and fiscal incentives, case by case, and thereafter such exemptions and incentives will be submitted for Cabinet approval. Once approved, President will make an Order and it will be gazetted and be laid before Parliament. Hence, it is likely that mere brass plate offshore companies will not be able to operate in the Colombo Port City.
(g) Part VIII of the Draft Bill
Part VIII deals with offshore banking. The definition of “banking business” in the Draft Bill is too narrow, if we were to attract reputed banks to operate in the Colombo Port City. The definition should include Investment Banking and Islamic Banking. Regulations made under this Part are of paramount importance to avoid crisis situations. Regulations made under Clause 45 must deal with confidential relationships and bank secrecy. It is the hen that lays the golden egg, as secrecy is fundamental to attract offshore banking business.
On many occasions, law enforcement agencies of other countries may require documentation relating to bank accounts. Sometimes they will subpoena such bank officials when they enter their country. (See: USA vs Bank of Nova Scotia (1982). Hence, there should be a mechanism either in the Draft Bill or in the Regulations to deal with such requests by the Commission if there is a prima facie evidence against a particular bank or a personal account.
Constitutionality of the Draft Bill
The purpose of this article is not to deal with the constitutionality of the Draft Bill, as this matter is before the Supreme Court of Sri Lanka. The issues are likely to be very controversial but some claims relating to unconstitutionality are not justifiable and spurious. It is a different ball game as we are dealing with foreigners in regard to their offshore operations and therefore discrimination with nationals may not arise on reasonable differetia.
However, the failure on the part of government to provide the professional bodies an opportunity to review an important Draft Bill of this magnitude can be construed as a violation of the principles of participatory democratic process and the sovereignty of the people as enshrined in our Constitution. South African Constitutional Court in Doctors for Life vs Speaker (2006) invalidated an Act of Parliament as it failed to consult the professional bodies and the Court thereafter recommended to the Legislature to re-enact the same Act after consulting the relevant professional Bodies.
Concluding Remarks
Managing the Colombo Port City by the Economic Commission is an onerous task. The Draft Bill is only “the tip of the iceberg” and many regulations, rules, by-laws, etc,. need to be made to deal with offshore products and services, condominiums, time shares, stock-exchange and hospitals within its area of governance.
It is wrong, unfair and unpatriotic to say that this Draft Bill will convert the Port city into a Chinese colony.ri Lanka will welcome all countries from the East and West to establish international business companies, international banks, hospitals, condominiums, etc., in a strategic location, notwithstanding Rudyard Kipling’s saying “East is East, and West is West, and never the twain shall meet”.
Offshore business is competitive. The developed countries such as the UK and the USA have a “row” with the developing countries for initiating offshore financial centres, as they reduce their tax revenue from high net worth individuals and corporate entities. However, there is duplicity in this matter more severe than the “Geneva process”, as they encourage territories under their control to transfer money to the UK or the USA banks and stock exchanges and impose restrictions on those countries which do not transmit their deposits or invest in stock exchanges in the UK and the USA. Hence, we must be prepared to meet this challenge.
(The writer is a law graduate of the University of Ceylon and holds postgraduate qualifications from the University of Cambridge, UK. He served as UN Legal Expert, Legal Consultant and Legal Draftsman to many Asian, African and Caribbean Countries. He has drafted legislation relating to offshore products and services and handled legal issues on these matters in the Caribbean. Email: mendis_law@yahoo.com).
Features
The quiet habits behind wealth: Without chasing appearances
by Prof. C. A. Saliya
When people picture wealth, they often imagine luxury cars, large homes and expensive holidays. But financial advisers who work with wealthy clients describe a different picture: people who spend carefully, keep cash aside, invest patiently and understand the risks they take.
A recent Research NZ report, based on interviews with financial advisers, found that many wealthy people are discreet about money. They tend to live within their means, maintain emergency savings, take calculated investment risks and pay close attention to tax and financial structures.
For Sri Lankan families facing high living costs, loan repayments and uncertainty about the future, the lesson is not that everyone must become rich overnight. It is that better financial habits can create greater security over time.
Wealth is often quiet
One of the strongest habits associated with long-term financial stability is controlled spending. Many people with high incomes do not automatically increase their lifestyle every time they earn more. Instead, they decide in advance what they can afford, save consistently and avoid treating every salary increase as permission to spend more.
This does not mean denying life’s small pleasures. It means knowing the difference between a need, a want and a purchase made only to impress others.
In Sri Lanka, where social pressure can sometimes encourage visible spending on weddings, vehicles, clothing or celebrations, this is a difficult but useful principle. A household that earns well but spends everything may look prosperous while remaining financially fragile. By contrast, a family that saves even a modest amount regularly can build options: education for children, a medical reserve, a home deposit or capital for a small business.
The Central Bank of Sri Lanka’s financial-literacy survey found that bank-account ownership is high, but financial behaviour remains a concern. Its later roadmap notes that Sri Lankans show satisfactory financial knowledge compared with other countries, while positive everyday financial behaviour still lags behind.
Knowledge, in other words, is not enough. People also need routines.
Keep an emergency fund before taking bigger risks
The wealthy people described in the RNZ article often kept readily available savings for genuine emergencies and avoided using these funds for ordinary spending.
This is perhaps the most practical lesson for an average family. An emergency fund is not money that “does nothing.” It is money that protects a household from making a desperate decision when illness, job loss, vehicle repairs or an unexpected school expense arrives.
For some, the first target may be one month of essential expenses. Over time, it can be increased. The point is not perfection; it is having a buffer.
Without one, families may turn to costly borrowing, informal lenders or repeated credit-card debt. Research on household finance shows that weak credit knowledge, cross-borrowing and reliance on informal debt can increase the risk of over-indebtedness.
Saving alone may not be enough—but investing requires care
Saving is the starting point, not always the final destination. Money kept entirely in cash or low-return accounts can lose purchasing power over time, especially when prices rise. This is why financially secure people often invest—not recklessly, but with an understanding that long-term returns usually require some level of risk.
The key phrase is calculated risk. That means asking basic questions before investing: What is the business model? Is the institution regulated? How easily can I access my money? What happens if the investment falls in value? Am I being promised unusually high returns? Do I understand where my money is going?
A proper investment plan should not depend on rumours, social-media tips or promises of “guaranteed” profits. It should be diversified where possible—spread across suitable assets rather than placed in a single company, property deal or scheme.
For a young worker, investing may begin with a small, regular contribution. For a business owner, it may mean reinvesting carefully in a viable enterprise. For a family nearing retirement, capital protection and predictable income may matter more than aggressive growth. There is no single plan for everyone.
Debt can build wealth or destroy it

The RNZ article also makes a more controversial point: wealthy people sometimes use other people’s money, through debt or outside equity, to build businesses or buy assets. When investment returns exceed borrowing costs, borrowing can magnify gains. But the reverse is equally true: when returns fall or income is interrupted, debt magnifies losses.
This distinction is crucial in Sri Lanka.
Debt used for a productive purpose—such as a well-researched business, equipment that generates income, or an asset with manageable repayments—can be different from debt used for consumption. Borrowing for status purchases, repeated expenses or a lifestyle beyond one’s income can quickly become a burden.
Before taking a loan, families should calculate the monthly repayment under difficult conditions, not only favourable ones. Could the instalment still be paid if income falls? Is the interest rate fixed or variable? Is there enough emergency savings left after the initial payment? These questions may feel cautious, but caution is often what keeps a financial setback from becoming a crisis.
Pay attention to taxes and paperwork
Another quiet habit of financially successful people is paying attention to tax. They understand that the amount earned is not the same as the amount kept. They keep records, claim lawful deductions where applicable and structure businesses or investments properly.
The quiet habits
For self-employed people and small-business owners, this can be especially important. Clear records of income, expenses, invoices and taxes are not merely administrative chores. They help owners understand whether a business is truly profitable and make it easier to obtain formal finance when needed.
This is not an argument for avoiding tax. It is an argument for understanding the rules, meeting obligations and using legitimate options available under the law. When in doubt, taxpayers should seek advice from a qualified professional.
The human side of money
The most important lesson is that wealth is rarely created by one dramatic decision. It is usually built through repeated small choices: saving before spending, avoiding unnecessary debt, learning before investing, and staying patient when others are chasing quick gains.
A literature review of household finance supports this practical view. Studies consistently associate financial literacy, planning, self-control and budgeting with better saving and investment decisions. At the same time, the research warns that financial outcomes are shaped by income, access to formal financial services and economic conditions—not simply by individual discipline.
That matters in Sri Lanka, where many households are working hard simply to meet daily needs. Advice about wealth should never become blame. Not everyone starts with the same income, family support or opportunity.
But the habits that strengthen financial resilience are available in some form to most people: keep records, build a buffer, question easy-money promises, borrow carefully and make decisions based on long-term goals rather than short-term appearances. (See table)
Wealth may not always look glamorous. Often, it looks like an emergency fund nobody sees, an investment made patiently, a loan avoided, and a family that sleeps more peacefully because it has planned ahead.
(Prof. C. A. Saliya, is a charted accountant, academic, researcher and former banker. He is the author of SAMAJA GAVESHAKAYA and Springer Publication DOING SOCIAL RESEARCH. He can be contacted at saliya.ca@gmail.com. The views expressed in this article are his own and do not necessarily represent those of the organisations with which he is affiliated.)
Features
Tusker Kavantissa’s death exposes Sri Lanka’s wildlife conservation crisis
by Prof. Ranjith Bandara,
Emeritus Professor, University of Colombo
This article examines why community exclusion, excessive bureaucratic control, unequal distribution of conservation benefits, weak institutional accountability, and short-sighted political leadership continue to undermine wildlife conservation in Sri Lanka.
The death of Tusker Kavantissa is more than the loss of one of Sri Lanka’s most remarkable wild elephants. It exposes uncomfortable questions about how we protect our natural heritage, how conservation decisions are made, and why repeated warnings have failed to produce meaningful reforms. His death should compel us to examine not only what happened to one extraordinary animal, but also the deeper weaknesses in our wildlife conservation system.
Tusker Kavantissa, one of Sri Lanka’s most prominent wild tuskers, died on 16 October, 2026, after receiving veterinary treatment for an injury, reportedly caused by gunfire. Although the wound had shown some improvement, his health subsequently deteriorated. The precise cause of death requires confirmation through a proper post-mortem examination. Nevertheless, the circumstances raise serious questions about preventive protection, wildlife management, and institutional preparedness.
The wider picture is equally disturbing. According to recently reported figures, Sri Lanka has lost an average of approximately 402 elephants and 138 people annually, since 2019, due to human–elephant conflict. These figures reflect a continuing national tragedy affecting both wildlife and rural communities.
What Sri Lanka faces today is not merely a wildlife conservation problem. It is also a crisis of environmental governance, shaped by institutional weaknesses, political decisions, and the failure to recognise the economic and social realities of conservation.
Conservation without communities
One of the fundamental weaknesses of our conservation approach is that local communities are often treated as subjects of regulation rather than partners in conservation. They are expected to bear the risks, respect restrictions, and cooperate with government programmes, yet their influence over decisions affecting their lives remains limited.
For rural families living alongside wild elephants, conservation is not an abstract environmental objective. It directly affects their safety, agricultural income, property, and everyday lives.
Farmers frequently possess valuable knowledge about elephant movements, vulnerable locations, seasonal changes, and practical protection measures. Yet conservation interventions are sometimes designed without adequately considering this experience.
When decisions are imposed from above, communities may feel excluded from programmes they are expected to support. This weakens trust, reduces cooperation, and ultimately undermines conservation outcomes.
We must recognise that protecting elephants and protecting farmers are not conflicting objectives. Both are essential. A conservation policy that safeguards wildlife while neglecting human security cannot be considered successful.
The real challenge is to replace conservation imposed on communities with conservation undertaken alongside them. Meaningful participation requires more than consultation meetings. Communities must have a genuine role in planning, implementing, monitoring, and evaluating conservation activities.
Bureaucratic authority versus public accountability
Wildlife conservation requires strong institutions, professional expertise, and effective regulations. However, excessive bureaucratic control can become an obstacle when administrative authority takes precedence over practical outcomes.
Decision-making in Sri Lanka’s conservation system remains heavily dependent on central institutions. Administrative procedures, overlapping responsibilities, and limited coordination can delay responses to urgent problems.
More importantly, excessive centralisation can discourage local innovation and prevent communities from contributing practical solutions.
When administrative authority becomes more important than results, conservation risks becoming an exercise in controlling people rather than protecting nature.
This criticism should not be confused with questioning the dedication of frontline wildlife officers and veterinarians. Many work under difficult conditions with limited resources. The efforts undertaken to save Tusker Kavantissa deserve recognition.
However, individual commitment cannot compensate indefinitely for institutional weaknesses.
We must ask whether our conservation institutions have the capacity to identify risks early, protect vulnerable animals, coordinate emergency responses, and evaluate the effectiveness of their interventions.
Public accountability should, therefore, extend beyond compliance with administrative procedures to measurable conservation outcomes.
Who bears costs, and who receives benefits?
Perhaps the most neglected dimension of wildlife conservation in Sri Lanka is the unequal distribution of its economic costs and benefits.
Wild elephants contribute substantially to tourism, biodiversity, cultural heritage, and the country’s international image. Their conservation generates benefits enjoyed by society as a whole.
Yet the financial and personal costs are concentrated among rural communities living within elephant habitats.
A study published in 2023, involving 300 farming households in southern Sri Lanka, revealed a striking imbalance. Although these households lived near two national parks, none received economic benefits from tourism. Meanwhile, 57 percent had experienced elephant-related crop damage.
The findings raise a fundamental economic question: if the entire country benefits from elephant conservation, why should a relatively small and vulnerable section of society bear a disproportionate share of its costs?
Conservation cannot remain economically sustainable when its benefits are widely enjoyed but its costs are concentrated among those least able to bear them.
A separate study, published in 2024, involving 439 affected farming households, examined the possibility of financing compensation through tourism revenue. It demonstrated the potential for tourism-based financial mechanisms to support human–elephant coexistence.
The policy implications are significant
A proportion of wildlife tourism revenue could be directed towards affected communities through transparent benefit-sharing arrangements. Such measures could support compensation, village protection, local employment, community enterprises, and agricultural improvements.
However, financial compensation alone is insufficient. The 2023 study also indicated that fear of elephants and concerns about crop damage strongly influenced community attitudes. People must feel safe in their homes and farms, not merely receive payment after suffering losses.
Equitable benefit-sharing is, therefore, more than an act of generosity. It is an economic and social requirement for sustainable conservation.
Political decisions and absence of long-term vision
The weaknesses in wildlife conservation cannot be attributed solely to public officials. Political leadership must accept its share of responsibility.
Poor land-use planning, habitat fragmentation, obstruction of elephant movement corridors, and development decisions that inadequately consider environmental consequences have contributed to human–elephant conflict.
Political decisions made for immediate gains can create environmental and economic costs lasting for decades.
Another weakness is the preference for visible, short-term interventions.
Constructing electric fences, relocating elephants, and launching emergency operations can attract considerable publicity. However, such interventions should be evaluated according to their effectiveness, not their visibility.
Political leadership should be judged not by the number of conservation programmes announced, but by the lives protected, conflicts prevented, and long-term improvements achieved.
There is also a serious problem of policy continuity. Conservation cannot be governed according to electoral cycles or changing political priorities.
Elephant habitats, migration patterns, and ecological processes do not change with governments. Successful conservation, therefore, requires consistent national commitments extending beyond individual political administrations.
Without such continuity, public investment may be wasted while the underlying problems remain unresolved.
Problem is not always a lack of policy
Sri Lanka’s conservation crisis cannot be explained simply by a shortage of scientific knowledge or policy recommendations.
In many instances, the greater challenge lies in translating available knowledge into coordinated, adequately funded, and politically supported action.
The National Action Plan for the Mitigation of Human–Elephant Conflict, prepared in 2020, proposed a science-based approach that emphasised community participation, protection of villages and agricultural land, and more effective conflict-management strategies.
Yet an important question remains: how much of this plan has been implemented successfully?
Have implementation difficulties arisen from inadequate resources, weak institutional coordination, administrative resistance, or insufficient political commitment?
An independent assessment of the plan’s implementation would help identify these obstacles and establish clear responsibilities.
We must also recognise that a substantial proportion of Sri Lanka’s wild elephants live outside protected areas. Attempting to confine all elephants within national parks and forest reserves is, therefore, neither realistic nor sustainable.
Effective conservation requires land-use policies informed by elephant ecology, settlement patterns, agricultural needs, and the practical realities of human–wildlife coexistence.
A sound policy that remains largely unimplemented offers little protection to either elephants or people.
Towards more responsible conservation system
Sri Lanka needs a fundamental change in how wildlife conservation is governed.
Four priorities deserve immediate attention.
First, local communities must become genuine partners in conservation management, with meaningful responsibilities and decision-making opportunities.
Second, conservation benefits must be distributed more fairly. Wildlife tourism should contribute directly to protecting the livelihoods and safety of communities that bear conservation costs.
Third, existing national conservation plans should be independently reviewed to identify implementation gaps and establish a realistic timetable for corrective action.
Fourth, conservation institutions must become more accountable for measurable outcomes, including reductions in human deaths, elephant mortality, crop losses, and property damage.
These reforms require cooperation among wildlife, forestry, agriculture, land, irrigation, and local government institutions.
They also demand political leadership willing to prioritise long-term results over short-term publicity.
For exceptional animals, such as Tusker Kavantissa, improved risk monitoring, preventive protection, and timely veterinary responses are particularly important. However, conservation should not be limited to protecting a few well-known animals.
Every wild elephant has ecological value, just as every person living alongside elephants has an equal right to safety.
The objective must be a system that protects both.
Lesson tusker Kavantissa leaves behind
The death of Tusker Kavantissa should not become another moment of national sorrow that gradually fades from public memory. It should mark a turning point in how Sri Lanka approaches wildlife conservation.
A proper investigation into his death is essential. Equally important is an honest examination of the conservation system within which such tragedies continue to occur.
The real challenge is not choosing between people and elephants. It is creating a system in which both can coexist safely, and where the responsibilities, costs, and benefits of conservation are shared fairly.
This requires more than scientific expertise and stronger regulations. It demands accountable institutions, meaningful community participation, economic fairness, and political leadership guided by a clear long-term vision.
Our greatest failure would not be the loss of Tusker Kavantissa alone. It would be allowing the same weaknesses in our conservation system to claim more lives while we continue to avoid the reforms that could prevent them.
Features
Equality before the Law as foundation of Sri Lanka’s recovery
by Jehan Perera
The government appears set to overcome the first major challenge to one of its foundational principles. It has faced down demands from sections of the Buddhist clergy and opposition parties to release Ven. Galagodaatte Gnanasara from his prison sentence for contempt of court.
Ven Gnanasara is best known as the general secretary of the Bodu Bala Sena, a nationalist Sinhala grouping. The government seemed unfazed by a protest march organised by Buddhist monks and the opposition parties and its supporters organised an even bigger march to support the government’s position. It is notable that the general population did not get involved in either march in any substantial number. The issue has now become a test of whether the government will uphold its commitment to apply the law equally, irrespective of a person’s position or status, even when doing so brings it into conflict with a powerful constituency.
The case has a specific legal history. Ven. Gnanasara was sentenced to six years’ imprisonment by the Court of Appeal in 2018 for contempt of court in a case involving former military personnel where he disrupted the proceedings. The Supreme Court rejected his appeal in 2018. Former President Maithripala Sirisena subsequently granted him a presidential pardon in 2019. Last month, the Supreme Court invalidated that pardon. The initial demand by Buddhist monks and their lay supporters was that Ven. Gnanasara should be permitted to wear his Buddhist robes when appearing in public before the courts. The government has indicated its willingness to examine the procedures governing the treatment of Buddhist monks in prison, in consultation with the relevant religious authorities. However, the initial demand has now been escalated into a demand for a presidential pardon.
One of the central promises of the National People’s Power (NPP) during its election campaign two years ago was to apply the law equally to all. This commitment has shaped the government’s approach to allegations of corruption and criminality involving individuals who previously wielded political power. The NPP government was swept into power on a wave of antipathy towards those in previous governments who were perceived to have abused their positions for private gain. The economic collapse Sri Lanka experienced in 2022, and the hardships endured across society, remain vivid in the public memory. The past two years have seen the government pursuing those accused of corruption and other offences. Several high-ranking members of previous governments have faced arrest and legal proceedings and been sentenced to jail.
Religious Concerns
The ability of opposition parties to mobilise widespread resistance against proceedings involving their leaders has been limited, as much of the general population continues to favour accountability for past financial crimes. However, the case of Ven. Gnanasara is different. It does not concern allegations of financial corruption, but the relationship between religious authority, the courts and the law of the land. This is where the distinction between respecting religious traditions and upholding the law becomes crucial. There is a sense among sections of the general population that Buddhist monks should not be treated on a par with others and that requiring Ven. Gnanasara to appear in court without his robes was unjust and contrary to the national ethos. Such sentiments reflect the special place Buddhism occupies in Sri Lanka’s history and society. Sinhala Buddhist nationalism has been a potent political force throughout the country’s history, drawing on a heritage that extends back more than two millennia. The question is whether respect for Buddhism needs to also entail the exemption of individual monks from the ordinary requirements of the law and thereby treat them differently.
The challenge would be to accommodate legitimate religious concerns through rational and lawful procedures without allowing religious status to become a source of legal privilege. The government has been amenable to addressing the issue of monastic robes, but has so far resisted the demand to release Ven. Gnanasara through a new pardon. President Anura Kumara Dissanayake and government members have made it clear that the government would not bend the law to accommodate any individual. They have taken the position that any shortcomings in existing rules should be addressed by changing the rules through proper procedures, rather than by making an exception for a particular individual. If the government holds its position, it will demonstrate that its commitment to the rule of law extends even to constituencies that have historically enjoyed considerable political influence.
This is important not only for the country’s democratic institutions but also for its economic future. Sri Lanka is seeking to recover from its economic collapse and establish the foundations for sustained growth. The International Monetary Fund’s analysis of Sri Lanka’s governance weaknesses has repeatedly emphasised the economic costs of corruption and institutional deficiencies. Its 2024 analysis of governance and growth concluded that comprehensive and coherent reforms could bring significant macroeconomic benefits. The IMF’s 2025 assessment also highlighted the importance of sustained governance reforms in unlocking the country’s growth potential. Investors, both domestic and foreign, need confidence that public institutions function according to predictable rules, that contracts and property rights are protected, and that political connections or social status will not determine how the law is applied.
Sensitive Issue
Sri Lanka has long sought the leap towards prosperity that has proved elusive under successive governments. Economic reform alone will not achieve it. The connection between the rule of law and economic prosperity is direct. Businesses are more likely to invest when they can expect disputes to be resolved fairly, public resources to be managed transparently and regulatory decisions to be made on rational grounds. No country can achieve a durable economic take-off if its institutions are perceived to operate according to political favour, inherited privilege or communal pressure. Sri Lanka cannot afford to return to a political culture in which powerful interests are shielded from accountability while ordinary citizens bear the costs.
Changing a political culture that has evolved over the decades if not centuries is a difficult undertaking, particularly in a country where political leaders have long relied on religious and communal identities to consolidate their support. It requires not only firmness but also sensitivity, dialogue and a willingness to reform laws and institutions where genuine deficiencies exist. The present controversy offers an opportunity to demonstrate that these objectives need not be in conflict. The government can respect the Buddhist clergy’s concerns about the treatment of monks in prison while refusing to grant an individual an exemption from a judicial sentence. It can recognise the importance of Buddhism to the country while maintaining that no religious or political authority stands above the law.
The question is whether national traditions and ethos are interpreted in ways that strengthen justice, responsibility and social harmony, or invoked to defend privileges that undermine them. The country needs a transformation in public expectations from privilege to accountability, from communal claims to equal citizenship, and from personal discretion to institutions governed by law.
The government’s handling of the case involving Ven. Gnanasara is therefore about more than one monk or one sentence. This particular case will determine whether the government can build a system in which no government, religious authority or politically influential individuals can place themselves beyond the law. A just society must be able to honour both its traditions and its commitment to equality before the law.
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