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Midweek Review

Field Marshal breaks a long silence on Tamil vote at 2010 prez poll

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By Shamindra
Ferdinando

Field Marshal Sarath Fonseka last Wednesday (19) explained why the Tamil electorate voted for him at the January 26, 2010, presidential election. The explanation coincided with the low-key 12th anniversary of Sri Lanka’s triumph over the Liberation Tigers of Tamil Eelam (LTTE). In other words, Sri Lanka’s most successful Army Chief emphasized how he won the hearts and minds of the Tamil community.

Fonseka said so in Parliament after Samagi Jana Balavegaya (SJB) and Opposition Leader Sajith Premadasa asked for time on behalf of Fonseka. Premadasa wanted the former minister given time to speak on Sri Lanka’s triumph.

Having thanked the then Defence Secretary Gotabaya Rajapaksa (now President), the then President Mahinda Rajapaksa (now Prime Minister) and other services and the Police as well as the Civil Defence Force (CDF), Gampaha District lawmaker Fonseka declared: THE PEOPLE OF THE NORTH AND EAST VOTED FOR HIM WITHOUT HATRED BECAUSE OF THE RESTORATION OF PEACE IN THE ENTIRE COUNTRY.

Why did MP Fonseka make such an assertion 12 years after the war? What prompted him to say so? Most importantly, was he telling the truth? Did the Tamil electorate really vote for him because of his role in the eradication of the LTTE? Lawmakers haven’t responded to Fonseka so far. The civil society, too, has remained mum.

Let me discuss the post-war national reconciliation  process, taking into consideration three statements made in Parliament on May 18th (Premier Mahinda Rajapaksa) and on May 19th and 20th (Sarath Fonseka). Having declared that those who spearheaded the war against the LTTE never followed genocidal strategies, Premier Rajapaksa thanked the war time service commanders. Twice President Rajapaksa mentioned Field Marshal Fonseka first. On the following day, MP Fonseka didn’t mince his words when he appreciated the services rendered by the Rajapaksas. Having thanked the President and the Prime Minister, lawmaker Fonseka claimed why the Tamil community backed him at the 2010 presidential election. MP Fonseka zeroed in on Rear Admiral (retd) Sarath Weerasekera on the next day. MP Fonseka sought to isolate Public Security Minister Weerasekera by declaring that even the Rajapaksas recognized the services by him (Fonseka).

Actually, why did the Tamil community vote for Fonseka whose Army literally eradicated the LTTE militarily in the battlefield in May 2009. The failure on the part of the LTTE rump to regroup since then in spite of unlimited funding sources and a section of the international community backing them is a huge credit to the armed forces as well as the political leadership. Obviously, those who survived the war (including the rehabilitated lot) lost their will to take up arms again having succumbed to the combined security forces onslaught.  Fonseka’s Army brought the war to an end following nearly a three-year long relentless campaign. However, that wouldn’t have been possible if not for the significant contributions made by the Navy and the Air Force, in support of the ground offensives, in addition to strategic actions directed at the LTTE. Wasantha Karannagoda and Roshan Goonetileke, received promotions as the Admiral of the Fleet and Marshal of the Air Force, respectively, in recognition of the services rendered during the war.

There hadn’t been a previous instance of Fonseka appreciating the role played by the Navy due to his personal animosity towards Karannagoda during the war and thereafter. Some, however, say that the rivalry between the two actually originated at their alma mater, Ananda College, Colombo, due to both of them being talented and ambitious in their own right. But, Karannagoda, in his memoirs, titled ‘Adhistanaya’, lucidly explains the circumstances leading to the crisis. 

Anyway, lawmaker Fonseka’s brief but timely speech delivered on the day his Army brought the war to an end, 12 years ago, should be appreciated.

 

A calculated risk

Actually, why did the UNP pick Fonseka as the common candidate? In the aftermath of the eradication of the LTTE, in 2009, the UNP had no option but to accept Fonseka as the common candidate, particularly against the backdrop of the war-winning General making covert moves in that direction. The UNP-led Opposition strategy was primarily meant to deprive President Mahinda Rajapaksa the advantage of the unbelievable (in the eyes of the powerful West that insisted on the invincibility of the Tigers in battle) war triumph. There couldn’t have been a better choice than Fonseka though the Opposition leadership quite correctly realized how the inclusion of the LTTE’s sidekick Tamil National Alliance (TNA) in the grouping distanced the Southern electorate.  Fonseka, however, remained silent until the last moment.

Fonseka didn’t mince his words when the media, on July 15th 2009, raised the possibility of his entry into active politics. The writer was among those who had been present at the media briefing called by General Fonseka, in his new capacity as the Chief of Defence Staff (CDS) at the Joint Operations Headquarters (JOH) within the Army Headquarters premises.  Fonseka declared he would never seek a political career. The war veteran said that he wouldn’t want to lose his popularity within 24 hours by taking to politics. The former Army Chief recalled the fate of his senior colleagues, Major General Lakshman Algama and Major General Janaka Perera, both of whom perished in LTTE suicide attacks on election platforms (Gen Fonseka: Lanka ready for fresh UN commitments, with strap line, CDS rules out political career – The Island,  July 16, 2009). The LTTE assassinated Gemunu Watch veteran Algama on Dec 18, 1999 at an election rally in Ja-Ela held in support of UNP Presidential candidate Ranil Wickremesinghe, whereas Commando veteran Perera perished on Oct 06, 2008 in Anuradhapura at an event related with PC polls in which he contested as the Chief Ministerial candidate of the North Central Province.

 Nothing could be further from the truth than Fonseka’s recent declaration in Parliament that those living in the northern and eastern regions voted for him because of the restoration of peace therein? The Tamil electorate never accepted Fonseka’s  role as the Commander of the Army and repeatedly accused him and his Army of genocide, especially after the crushing defeat of the LTTE.

There cannot be any dispute over that. Having recognized the LTTE as the sole representative of the Tamil speaking people, way back in 2001, the TNA wouldn’t have accepted Fonseka if the outfit wasn’t convinced that only the former Army Commander could have challenged the immensely popular Mahinda Rajapaksa at that time.

 The plan received the wholehearted backing of the West and especially the US, though the then US Ambassador in Colombo, Patricia Butenis, in a confidential dispatch from Colombo, subsequently exposed by Wikileaks, categorized Fonseka as a war criminal along with President Mahinda Rajapaksa, Defence Secretary Gotabaya Rajapaksa and lawmaker Basil Rajapaksa. The diplomatic missive, dated January 15, 2009, held the above-mentioned leaders responsible for war crimes. In spite of that, the US threw its weight behind Fonseka, perhaps initiating the move itself as the only viable political strategy to defeat the hugely popular war, winning Mahinda Rajapaksa securing a second term.

 

Neelakandan’s dilemma

 It would be pertinent to mention what the then President of the All Ceylon Hindu Congress  (ACHC) late lawyer Kandiah Neelakandan told the writer during a visit to Cheddikulam, Vavuniya, on January 09, 2010, organized on the instructions of the then Justice and Law Reforms Minister Milinda Moragoda.  Among those who had been present were one-time Bank of Ceylon Chairman Rajan Asirvatham, a member of the government negotiating team for talks with the LTTE in 1994-1995 and Gamini Godakanda on Minister Moragoda’s staff. The visit coincided with President Rajapaksa’s releasing a group of rehabilitated ex-LTTE cadres at Cheddikulam. Asked how he felt the TNA joining the UNP-led alliance backing Fonseka’s candidature at the presidential election, Neelakandan confided that the Tamil community had been asked to vote for the man who conducted the actual war in a bid to defeat the one who gave that directive. Neelakandan confessed that the Tamil community was in a deepening dilemma. Moragoda, now our High Commissioner to India, secured the assistance of the ACHC and other like-minded persons as part of the overall efforts to win the confidence of the Tamil community (Have faith in me – President tells ex-LTTE combatants, The Island, January 10, 2010). President Rajapaksa visited Vavuniya then just over two weeks before the presidential election with him contesting for a second term.

But, obviously, the Tamil community knew what the TNA expected of them. The TNA declared its support for Fonseka’s candidature and the northern and eastern provinces responded accordingly. Fonseka comfortably won all northern and eastern districts though the South delivered a massive blow to the war-winning Army Chief. The then incumbent President defeated Fonseka by over 1.8 mn votes. The US-approved political strategy failed. The failed project caused catastrophe. In fact, the disintegration of the once powerful party, the UNP, began with the disastrous 2010 project. Perhaps, in its haste to bring the Rajapaksa era to an end, the grand old party gambled and gambled badly. What really went wrong? The UNP paid a huge price for not sincerely backing the war effort (August 2006-May 2009) and then exploiting differences between the Rajapaksas and Gen. Fonseka. A political alliance involving the Illankai Thamil Arasu Kadchi-led TNA, tainted by its murderous relationship with the LTTE, at the 2010 presidential election, boomeranged. The UNP and even General Fonseka ignored how the LTTE-TNA coalition at the 2005 presidential election ensured UNP candidate Ranil Wickremesinghe’s defeat. If not for the LTTE-TNA prevailing on Tamils not to vote for Wickremesinghe, the UNP Leader would have won the election hands down.

Wickremesinghe contested the 2005 presidential election on the UNP ticket. A UNP-led coalition fielded presidential candidates on the New Democratic Front (NDF/symbol swan) at the 2010 (General Sarath Fonseka) 2015 (Maithripala Sirisena) and 2019 (Sajith Premadasa). Having engineered Wickremesinghe’s defeat at the 2005 presidential poll, the TNA backed candidates fielded by the UNP at the following three elections. The UNP suffered avoidable defeats due to its involvement with the TNA. The UK headquartered Global Tamil Forum (GTF) affiliated with the TNA, too, played politics with the government. The GTF had access to President Maithripala Sirisena during his first visit to the UK following the 2015 presidential election.

A statement issued by the influential Global Tamil Forum (GTF) to mark the 12th anniversary of the conclusion of the war revealed their strategies remained the same though the LTTE was no longer around. In spite of the TNA gradually losing its clout and the emergence of other political parties, the GTF seems pursuing the same strategy. Let me reproduce verbatim the relevant section of the GTF statement issued by Suren Surendiran: “Equally important is that the Tamil people and their leaders take stock of the challenges and opportunities in the present political climate and act strategically by forming partnerships with stakeholders across all communities in Sri Lanka and in the international community. The importance and urgency of securing pragmatic and tangible gains, with the objective of fulfilling the political and economic aspirations of the Tamil people, cannot be overstated.”

 

The UNP’s plight

 If General Fonseka is genuine in his assessment that the Tamil community voted for him at the 2010 presidential election in appreciation for restoration of peace, why on earth the TNA pushed for an international war crimes probe. Fonseka cannot be unaware 13 Tamil lawmakers, including those who backed him at the 2010 presidential poll, sought international intervention at the 46th session of the Geneva-based United Nations Human Rights Council (UNHRC) in Feb-March this year. Perhaps Fonseka should seek an explanation from Tamil political parties in the Opposition why they pursued a war crimes probe against the backdrop of the Tamil electorate voting for him. That of course is only if Field Marshal is genuine in his May 19 assessment.

The UNP’s post-war strategy caused the deterioration of the party. The UNP/President Sirisena stratagem in accepting the TNA as the main Opposition party in Parliament with the connivance of then Speaker Karu Jayasuriya during the yahapalana administration at the expense of the Joint Opposition which commanded the support of much more MPs, elected on the UPFA ticket, at the 2015 general election, caused irreversible setback to the UNP in the eyes of the public. Unprecedented split in the UNP in the run-up to the last parliamentary election in August 2020 made matters worse for the party.  Fonseka was among those who switched allegiance to the SJB. The badly depleted UNP, for the first time in its history, failed to win a single seat. The party ended up with just one National seat. Over eight months after the election, that seat remains vacant primarily because of the vacillation of its Leader and his stubbornness in holding onto the party leadership despite numerous polls defeats under his watch. The leadership is like an heirloom that he has inherited.

 Why Fonseka accepted the TNA’s backing against the backdrop of its close relationship with the LTTE is a mystery. Having recalled the killing of Majors General Algama and Perera when he assumed duties as the CDS in July 2009, Fonseka quite conveniently forgot the TNA’s endorsement of the LTTE bid to assassinate Fonseka. If the LTTE succeeded in eliminating Fonseka in April 2006 and Defence Secretary Gotabaya Rajapaksa in Oct 2006, the war would have definitely taken a different turn as we have often reminded.  

The recent passage of a Bill 104 in the Ontario Provincial Legislature that recognized that the Tamil community in Sri Lanka was subjected to genocide is a reminder of the growing threat posed by a section of the international community even though many of those powerful Western nations which are instigating the Tamil Diaspora have much blood in their own hands-leaving aside their recent grave criminal acts as in the Middle East, countries like the USA, Canada, Australia were created after committing many acts of genocide against natives of those lands. We also cannot forget the unforgivable crimes that have been committed against Negroes in the last five hundred years or more. They demanded and got compensation for Jews, but have they at least given even a proper apology for the grievous crimes committed against gypsies and blacks that they continue to perpetrate. It is as if not a week goes by in the USA without the extrajudicial gunning down of a black in the streets of that country by its law enforcers. Prior to 2020 the so called independent free media simply ignored such killings of blacks and other minorities running to hundreds each year. But last year as they wanted to target Trump the media suddenly picked up the Black Livers Matter cry, especially to get at right wing perpetrators of such crimes and their sympathisers in the Trump camp.

 Field Marshal Fonseka represents the people in Parliament. Having commanded the successful Army, lawmaker Fonseka cannot under any circumstances play politics with the issue at hand. Parliament, too, as an institution should recognize high profile threatening Canadian project and how it could influence other countries and strengthen the ongoing Geneva inquiry.

 Field Marshal Fonseka’s declaration that the Tamil community voted for him for the restoration of peace cannot certainly be accurate. Re-assessment of the ground situation is of pivotal importance as interested parties brazenly exploit the utterly corrupt political party system.  The GTF’s advice to the Tamil speaking community and their leaders regarding political strategies is evidence of how the project is pursued. The bottom line is that those who once believed in the conventional fighting capability of the LTTE seem confident their political objectives could be achieved through constitutional means. They have the backing of the Western powers. Western backing for candidature like General Sarath Fonseka and Maithripala Sirisena at the 2010 and 2015 presidential polls, respectively underscored their strategy. Both the UNP and the SLFP paid a huge price for giving into the Western initiatives. At the end both political parties suffered irreversible setbacks. Who would have thought the birth of SJB and SLPP at the expense of the UNP and the SLFP, respectively? Today, both parties are in a sorry state with no hope in sight of a comeback.

The UNP seeking to bring the Mahinda Rajapaksa era to an end fielded Fonseka. For the UNP, it didn’t matter whether their presidential candidate was able at least to exercise his franchise. The then General’s inability to vote for want of him being registered as a voter was known only on the election day. Obviously the electorate was deceived. Having suffered a humiliating defeat, the UNP-led coalition, foolishly propagated the lie that the former Army Commander was defeated through what the losers called a computer jilmaart (manipulation). The JVP literally ran with the computer jilmaart lie. Today, the JVP has been reduced to three lawmakers in Parliament. Their group includes one National List MP (Dr. Harini Amarasuriya). At the height of its parliamentary power, the JVP group comprised 39 members of Parliament elected in 2004, including three National List members. In fact, all political parties involved in the 2010 coalition established to back Fonseka are in turmoil. The UNP has been reduced to one National List MP, the TNA to 10 and JVP three with two other constituents, the SLMC and the ALCM reduced to five and four members respectively. Perhaps a fresh look at political landscape is necessary against the backdrop of the passage of the Colombo Port City Economic Commission Bill.

 We apologise to the readers for not touching on the burning topic plaguing the country, the coronavirus pandemic. We felt the readers need a break from the subject as the media is replete with the subject, day and night.



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Midweek Review

22A: Developing constitutional quagmire

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The government’s high profile project to enact the 22nd Amendment failed to secure any tangible support from anyone outside the NPP, in Parliament or outside. In a statement, the Illankai Thamil Arasu Kadchi (ITAK) noted that the proposed amendment concerned the sovereignty of the people and, therefore, required approval through a referendum. The ITAK, a key member of the six-party Political Council of Tamil-Speaking people (PCTSP) and the second largest party in the Northern and Eastern Provinces, other than the NPP, is opposed to President Dissanayake’s move. Tamil Progressive Party (TPA) leader and former Minister Mano Ganeshan, also of the PCTSP, has rejected the 22nd Amendment. The Island learns that all political parties, represented in the PCTSP, are opposed to the proposed Amendment.

The NPP obtained the most seats at the Parliamentary General Election 2024. Other parties that managed to gain seats in Parliament are the Samagi Jana Balawegaya (SJB/40 seats), Ilankai Tamil Arasu Kadchi (ITAK/8 seats), New Democratic Front (NDF/5 seats), Sri Lanka Podujana Peramuna (SLPP/3 seats), Sri Lanka Muslim Congress (SLMC/1), Sarvajana Balaya (SB/1), United National Party (UNP/1), Democratic Tamil National Alliance (DTNA/1), All Ceylon Tamil Congress (ACTC/1), All Ceylon Makkal Congress (ACMC/1), Jaffna – Independent Group 17 (IND17-1) and the Sri Lanka Labour Party (SLLP/1).

Timeline

* March 30, 2026, BASL wrote to Justice and National Integration Minister Harshana Nanayakkara seeking a meeting to discuss 22A

* May 25, 2026, BASL wrote to President Dissanayake seeking a meeting to discuss the same

* July 16, 2026, BASL wrote again to the Justice Minister underscoring the failure on his part and the President to respond to previous letters

* July 27, 2026, NPP executive committee member advocate Lal Wijenayake declared opposition to the government move

* July 29, 2026, BASL met the Justice Minister, sought a meeting with President Dissanayake

* July 31, 2026, Mahanayakes of four Chapters (Nikayas) wrote a joint letter to President Dissanayake urging him not to go ahead with the 22nd Amendment. But, the Mahanayakes refrained from releasing the letter to the media

* August 3, 2026, BASL disclosed the Mahanayakes’ letter to the President. Justice Minister Nanayakkara, accompanied by Health and Media Minister Dr. Nalinda Jayathissa, visited the Mahanayakes to explain the government stand. But, they denied receiving the crucial letter

* August 7, 2026, UN requested President Dissanayake, in no uncertain terms, to abandon the move.

* August 11, 2026, Government admitted receiving the Mahanayakes letter

* August 18, 2026, 22nd Amendment Bill presented in Parliament. Those opposed to the constitutional amendment began filing petitions. The BASL led the way. By 24 August, 21 petitions were filed.

* August 20, 2026, Catholic Bishops’ Conference urged the government not to proceed without adequate consultations.

* August 24, 2026, BASL, in a motion filed in the Supreme Court, suggested that Chief Justice Preethi Padman Surasena recuse from hearing the petitions

By Shamindra Ferdinando

In support of the ruling National People’s Power (NPP) government’s highly contentious move to enact the 22nd Amendment to the Constitution despite worldwide condemnation by eminent jurists, meant to extend the retirement ages of superior court judges, NPP leader and President Anura Kumara Dissanayake will address a series of countrywide meetings.

Dissanayake is also the leader of the Janatha Vimukthi Peramuna (JVP), the main constituent of the governing party.

Justice and National Integration Minister and Attorney-at-Law Harshana Nanayakkara, on 18 August, 2026, tabled the controversial 22nd Amendment Bill in Parliament. Nanayakkara also tabled the Judicature (Amendment) Bill on the same day. That will pave the way for the increase of the retirement ages of High Court judges to 63 years, and District Court and Magistrate Court judges to 62 years. The government wants to increase the retirement ages of Supreme Court and Court of Appeal judges to 67 and 65, respectively.

However, the government has proposed a six-year term for the Chief Justice but he/she will have to retire at the new mandatory retirement age of 67.

Health and Media Minister, as well as Cabinet spokesman Dr. Nalinda Jayathissa, recently announced the decision to launch the high profile propaganda campaign on 5 September. The NPP and JVP leader has vowed to enact the 22nd Amendment, come what may.

Dissanayake, who took over the party leadership on 2 February, 2014, at the 17th convention of the JVP, and formed the NPP in 2019, has indicated that he wouldn’t, under any circumstances, give up the 22nd Amendment. Dissanayake didn’t mince his words when he received a top level delegation of the Bar Association of Sri Lanka (BASL) at the Presidential Secretariat, on 12 August, to discuss the burning issue wracking the country. It would be pertinent to mention that the BASL raised the issue with Dissanayake, on 25 May, after Nanayakkara ignored their first request, made on 31 March.

The Supreme Court will hear over 20 petitions challenging the constitutionality of the 22nd Amendment Bill. Now that the matter is before the Supreme Court, the main opposition Samagi Jana Balawegaya (SJB) shouldn’t have sought to involve the BASL in a futile attempt to educate the NPP parliamentary group. The BASL, too, should know better. The BASL and SJB are among those who moved the Supreme Court. Against that background it would be unthinkable that the NPP parliamentary group wants to listen to BASL. Government activists, on Monday (24), organised a protest outside BASL Secretariat, NO. 153, Mihindu Mawatha, Colombo 12 demanding the resignation of BASL President Rajeev Amarasuriya.

SJB and Opposition Leader Sajith Premadasa clashed in Parliament with the leader of the House Bimal Rathnayake over his bid to bring in the BASL team to address the whole Parliament. NPP National List lawmaker Najith Indika declared on X that “the Opposition Leader couldn’t call all MPs for meetings. BASL either does not follow parliamentary procedure or knows how to manipulate public perception.”

The Supreme Court will receive petitions during two weeks, after the tabling of the Amendment. The Court should inform the Speaker of its determination within three weeks. Parliament will receive that determination ahead of President Dissanayake completing his second year in Office. The last presidential election was held on 21 September 2024.

Dissanayake won a five-year term and in November, the same year, led the party to a resounding victory at the parliamentary poll. The NPP/JVP position is that both Bills can be enacted with a 2/3 majority. With a mammoth 159 seats in Parliament, the government is confident that its political project can be easily achieved. But, the NPP operation has run into significant opposition with the United Nations, throwing its weight behind the BASL-led campaign.

Tabling of the two Bills on 18 August coincided with the 39th anniversary of the JVP grenade attack on the UNP parliamentary group, in the wake of the signing of the Indo-Lanka peace accord in 1987. Ajith Kumara, at that time a minor parliamentary employee, lobbed a hand grenade at the UNP group meeting, chaired by President J.R. Jayewardena. Prime Minister Ranasinghe Premadasa, too, was present. The then National Security Minister Lalith Athulathmudali narrowly escaped death in the attack that took place in the Committee Room 1 of Parliament. Deniyaya MP and Matara District Minister Keerthi Abeywickrema was killed. The writer covered the funeral, held on 22 August, 1987, at the playground of the Morawaka Maha Vidyalaya. Then the young Minister in charge of Youth Affairs and Employment, Ranil Wickremesinghe, was among those who represented the government at the funeral.

Kumara had been recruited as a sweeper by no less a person than the then Secretary General of Parliament, Nihal Seneviratne. Had Kumara been a member of the proscribed JVP at the time he joined the parliamentary staff or did the JVP approach him later?

The Colombo High Court acquitted Ajith Kumara on 12 October, 1990, and released him from custody on 6 August, 1993. Subsequently, the JVP accommodated Ajith Kumara on the party’s politburo and paved the way for him to contest the Sabaragamuwa Provincial Council poll on the JVP ticket. With fat hopes the JVP named him their chief ministerial candidate.

Key Opp demands

Pointing out that the matter before the Supreme Court judges related to them, the BASL requested that a bench consisting of a full court, comprising all the judges, be constituted to determine the constitutionality of the 22nd Amendment Bill. The BASL also requested the Supreme Court to determine that the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.

In the alternative, the BASL sought determination that Clause 2 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum and Clause 3 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.

Essentially, all petitioners have requested for a full court, comprising all Supreme Court judges and a referendum, if ordered, it’ll be the second instance. The first referendum was held in December 1982. The UNP that won an unbeatable 5/6 majority in a 168-member Parliament, at the 1977 parliamentary election, obtained a mandate of the people to extend the life of Parliament by six years. That utterly undemocratic, unreasonable and treacherous act contributed to the overall deterioration of the country. By the time the 1989 parliamentary poll was held, the police, backed by the armed forces, were fighting the JVP in the South, and the Indian Army, deployed in the Northern and Eastern regions, in terms of the Indo-Lanka Accord.

Former External Affairs Minister Prof. G. L. Peiris, convenor of the Joint Opposition grouping, too, moved the Supreme Court against the 22nd Amendment, and General Secretary of the SJB Ranjith Maddumabandara did the same. Altogether there were nearly two dozen petitioners

Ex-Law Professor Peiris has vigorously campaigned against the government move, and the weekly media briefing. held at former President Wickremesinghe’s Flower Road Office, has become the focal point of the Opposition campaign. Peiris insists that the Supreme Court shouldn’t hear the petitions as justices were direct beneficiaries of the proposed Amendment. Therefore, determination should be made at a referendum. In case the Supreme Court decides to hear the petitions, the full court consisting of all judges should be constituted to determine the constitutionality of the 22nd Amendment Bill, the former parliamentarian has asserted.

As repeatedly stressed by Prof. Peiris, two previous determinations by the Supreme Court that the alteration of superior court judges’ retirement ages should be subject to a referendum cannot be disregarded, under any circumstances. One of the determinations is of crucial importance as former Chief Justice Murdhu Fernando (December 2024 to July 2025) served on the three-member bench that made the far reaching announcement in 2022.

But, the BASL made an unexpected move on Monday. Close on the heels of its petition against the 22nd Amendment to the Constitution, the BASL filed a motion in the Supreme Court suggesting that Chief Justice Preethi Padman Suresena recuse from hearing petitions.

Petitioners BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva cited Attorney General as the respondent in a motion filed in terms of Article 121 read with Article 120 of the Constitution to determine whether the Bill, titled “Twenty Second Amendment to the Constitution,” or any part thereof, is required to be passed by a Referendum in terms of Article 83 of the Constitution.

The BASL pointed out that the first Judge of the Supreme Court, who would benefit if this Bill is enacted into law without the process of a referendum, is the Chief Justice, and further that if a referendum is mandated, then that there is a possibility that the Chief Justice may retire before its completion, and if for those reasons, the Chief Justice wished to recuse from hearing this matter, then the petitioners have requested the Chief Justice to constitute a bench comprising of all other judges in Supreme Court.

The maximum number of Supreme Court and Court of Appeal judges are 17, including the CJ and 20 judges ,including the President of the Court of Appeal, respectively. The NPP caused controversy by not filling vacancies among the superior court judges with the Opposition alleging there were four vacancies each. There’ll be another vacancy among the Court of Appeal judges in the first week of September.

The warning issued by the UN following a spate of other statements from various local and international bodies has brought tremendous pressure on the government. Having initially denied any knowledge of a joint letter, dated July 31, addressed to President Dissanayake by the Malwatta, Asgiriya, Amarapura and Ramanna chapters, the government, on 11 August, admitted the President received the letter.

However, the Catholic Bishops Conference publicly commented on this issue, only on 20 August, after all other concerned parties censured the government over the move. A section of the civil society that portrayed the 22nd Amendment as the panacea for a mountain of cases held up in courts had no option but to sing a different tune after the UN warned the NPP government over the pet project that seemed to have backfired. The UN’s position rattled the government and its backers.

18A and 20A

War-winning President Mahinda Rajapaksa enacted 18th Amendment to the Constitution in early September 2010. That despicable political project did away with a two-term time limit for the executive president and expanded presidential powers over independent commissions. That Bill received 161 votes, two more than the NPP parliamentary group. But, 18A didn’t do any good for President Rajapaksa or his party. Maithripala Sirisena, General Secretary of Mahinda Rajapaksa’s party, betrayed him, won the 2015 presidential election, and created an utterly undesirable political environment that, over a period of 10 years, ruined the country’s major political parties.

The emergence of the NPP as the dominant power should be examined taking into consideration the deterioration of the UNP, SLFP and the SLPP. The UNP and SLFP are no longer represented in Parliament while the SLPP that won a commanding 145 seats at the 2020 parliamentary poll was reduced to just three lawmakers in Parliament. SLPP’s National Organiser Namal Rajapaksa was so concerned about the transformation of the political environment he took refuge in the National List. Had he not taken that precaution, he wouldn’t be in Parliament today. While the SLPP deteriorated from 145 seats to just three, the NPP, whose 2020 parliamentary group consisted of just three, including one National List member (Dr. Harini Amarasuriya) ended up taking 159 seats, the best results achieved under the Proportional Representation system introduced in 1989.

Having handsomely won the 2019 presidential election, Gotabaya Rajapaksa brought in the 20th Amendment aimed at further consolidating his hold on power. Basil Rajapaksa, a dual citizen of Sri Lanka and the US, wanted to enter Parliament through the National List. The Rajapaksas removed a particular clause through the 19th Amendment to enable Basil Rajapaksa to enter Parliament. Subsequently, the SLPP accommodated Basil Rajapaksa in the Cabinet as the all-powerful Finance Minister. He succeeded Mahinda Rajapaksa in July 2021. But by then, the national economy had suffered irreparable damage and the 20th Amendment, meant to consolidate executive power, seemed irrelevant. Public protest campaign that received overt and covert US and Indian backing was launched in March 2022, leading to President Gotabaya Rajapaksa’s unceremonious ouster in July of same year due to India and Western backed violent protests.

The 18th Amendment and the 20th Amendment were enacted at the expense of particularly the 17th and 19th Amendments, respectively.

The Frontline Socialist Party (FSP) has alleged that the 22nd Amendment would enable the government to implement its neoliberal programme. The breakaway JVP group has asserted that the government’s sinister project is intended to remove whatever obstacles to its neoliberal strategy.

FSP’s Education Secretary Pubudu Jayagoda said: “A new Fisheries Act will divide the ocean into plots, lease the fish-rich areas to multinational corporations, and deprive local fishermen the opportunity to catch fish in the deep sea. The biggest obstacle to this is the fishermen. A Quality Assurance and Accreditation Commission Act is being drafted to grant state recognition and legality to degree mills. Three thousand schools are going to be closed, depriving children of the fundamental right to education. To do that, every pillar of the state must be brought under government control. A long list can be given: privatising hospital laboratory services, selling off state institutions, bringing forward new repressive laws like the PSTA (Protection of the State from Terrorism Act), and a new Cooperatives Act that snatches away people’s funds—many things like that. Taking the arbitrary power required to execute these into the hands of the executive is the true objective of this constitutional amendment.”

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Midweek Review

Shakespeare’s female characters

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Ophelia in a scene from Hamlet

Displaying Gender-Based Issues that Resonate with Our Times

by Dr. Siri Galhenage
Psychiatrist [Retd]

In most of William Shakespeare’s plays, the protagonists are male. He created such memorable characters as Hamlet, Othello, King Lear, Macbeth, Julius Caesar, Prospero, Coriolanus, the monarchs of history plays and many others – heroes as well as villains. This was a reflection of the societal values of the time. Women were not permitted to perform on stage, and all female roles were played by young males – a practice that continued for nearly half a century after Shakespeare’s death. This was so even though Elizabeth 1, the learned female monarch of England and Ireland and a humanist, occupied the throne during most of Shakespeare’s writing life [1580–1613], and extended her patronage to his plays.

Nevertheless, compared with his contemporaries Christopher Marlowe and Ben Jonson, Shakespeare wrote a greater number of plays featuring prominent female characters that drove the narratives, providing insights into intra-psychic, interpersonal, social and moral aspects of life.

I have selected two such female characters from Shakespeare’s plays and another from one of his narrative poems to illustrate this idea, focusing primarily on gender based violence – emotional, physical and sexual – that continues to resonate in our own times. I have also chosen another female character who challenged the gender constraints that imposed by contemporary society.

DESDEMONA in Othello

A Victim of Morbid Jealousy

A scene from As You Like It

Jealousy, as a human experience, has many nuances of meaning, ranging from the harmless to the morbid, including delusional forms, with many variations in between. The object of concern in jealousy is the suspicion of unfaithfulness or infidelity on the part of a loved one, commonly a female partner in a marital relationship. In its morbid form, accompanied by intense passion, jealousy has the potential to be destructive and even dangerous, placing the spouse at risk. It is not an uncommon presentation in clinical practice attracting the diagnosis of ‘Othello Syndrome’ although there is disagreement among clinicians about the application of the term.

Othello, a valiant soldier of African heritage in the state of Venice, had no difficulty winning the heart of Desdemona, the attractive young daughter of a prosperous senator. He took her away in defiance of her father’s wish for her to marry into the Venetian nobility. At this point, the Turks were preparing to regain Venetian-held territory in Cyprus, and Othello, recognised for his military prowess, was selected to lead the defence of the territory.

Despite the imminent Turkish attack on Cyprus, Desdemona preferred to remain with her husband rather than stay in Venice. The attack did not eventuate, however, because a violent storm dispersed and destroyed the invading Turkish fleet. The Venetian forces rejoiced, and the occasion provided an added opportunity to celebrate the marriage of Othello and Desdemona.

Casio, a close confidant of Othello, who had been recently promoted to lieutenant, was delegated to supervise the festivities. Cassio’s promotion caused great offence to Iago, who strongly believed that he was better suited to the position. He plotted to take revenge on Othello and Cassio by planting the seed of doubt in Othello’s mind through innuendo and trickery, casting suspicion on Desdemona’s fidelity and on her relationship with good-looking Cassio. Desdemona, a woman of exuberance and humour, became the unwitting focus of Iago’s manipulation.

The dissonance that arose in Othello’s mind eventually reached a climax when he accused his wife of infidelity and became convinced that she should die. Despite Desdemona’s plea for compassion, Othello strangled her to death. On finally gaining insight into the whole saga, Othello fell on his sword beside his wife.

OPHELIA in Hamlet – A Case of Manic Defence in response
to emotional abuse

Hamlet, the Prince of Denmark, takes centre stage in the play of the same name, and his mental processes have been the focus of scrutiny by successive generations of critics.

Young Prince Hamlet is faced with a complex emotional challenge following the sudden death of his father, King Hamlet, he idolised. The late king’s brother, usurper to the throne, hastily marries the widowed queen, denying the young prince his lawful right to sovereignty. Hamlet’s grief is compounded by his outrage towards his mother and his lingering doubts about the circumstances of his father’s death. He lapses into a state of melancholy.

But the impact of Hamlet’s emotional instability and the displacement of his anger onto Ophelia, to whom the prince had professed his love, receive less attention by critics, despite the significant psychological issues raised by her predicament. The episode in which Hamlet directs his anger towards Ophelia – often referred to as the ‘nunnery scene’ – is considered one of the most vicious in all Shakespeare.

Get thee to a nunnery. Why wouldst thou be a breeder of sinners?”…. “If thou dost marry, I’ll give this plague for thy dowry, be thou as chaste as ice, as pure as snow, thou shall not escape calamity. Get thee to a nunnery; go, farewell. Or if thou wilt needs marry, marry a fool, for wise men know well enough what monsters you make of them. To a nunnery go, quickly too. Farewell

Her love for Prince Hamlet was forbidden from the outset by her father, the scheming counsellor, Polonius, and by her brother Laertes; she was obedient to them.  With her dignity destroyed by the very person she loved and her father killed, albeit inadvertently by the hand of her lover, she nevertheless reacted with compassion. With her brother away in France, Ophelia is bereft of any meaningful relationships.

With no one left to confide in, her mind had no alternative but to escape reality. She lapsed into a state of mania – a state of ‘fragile happiness’ with underlying deep sorrow; an unconscious defensive operation of the mind known as ‘manic defence’, as described by Melanie Klein [1882-1960], the  renowned Austrian Psychoanalyst.

In this state of mind, Ophelia presents herself before the king and queen, singing snatches of song concerning love, death and betrayal. Her behaviour is totally out of character to her formerly demure self. Here are a few excerpts from her verses illustrating what might be described as a ‘flight of ideas’.

How should I your true love know/ From another one? / By his cockle hat and staff/ And his sandal shoon…”

“He is dead and gone, lady/ He is dead and gone/ At his head a grass green turf/ At his heels a stone…

They say the owl was a baker’s daughter. Lord we know what we are, but know not what we may be. God be at your table …

Hey non nonny, nonny, hey nonny/ And in his grave rained many a tear …” “You must sing ’Adown adown’ and you call him adown-a.”

Later, Queen Gertrude, Hamlet’s mother, announced that Ophelia ‘Fell in a weeping brook while making garlands from crow-flowers, nettles, daisies and long purples’, and had made no attempt to save herself. At the graveyard two gravediggers discussed whether she deserves a Christian burial as she appeared to have taken her own life.

LUCRECE – in Shakespeare’s narrative poem The Rape

of Lucrece

Reworked from a story by the Roman historian Livy, Shakespeare’s innovative narrative poem, first published in 1594, gives access to the mind of a victim of sexual assault. Set in ancient Rome, the poem gives expression to the agony of Lucrece, the gracious wife of a nobleman, following a savage attack upon her by Sextus Tarquinius, the son of the brutal king Lucius Tarquinius of Rome.

During a joyous conversation, a group of young noblemen were commenting on the virtues of their wives when Collatinus extolled the incomparable beauty and chastity of his beloved Lucrece. Aroused by the description of her elegance, young Sextus makes a covert exit, ‘borne by the trustless wings of desire’ in pursuit of his prey –the peerless dame’, ‘weakly fortressed from a world of harm.

Lucrece warmly welcomes her royal guest, who shows no inward ill or outward harm. He praises her husband’s military prowess, ‘pawning his honour to obtain his lust. During the conversation he scans her beauty and burns with sexual desire, yet ‘is madly toss’d between desire and dread. His ambivalence finally gives way to desire. ‘Desire my pilot, beauty my prize/ ‘Then who fears sinking where such treasure lies?’ This said, he advances upon her, ‘like a falcon towering in the skies, that ‘Coutcheth the fowl with his wings’ ‘So under his insulting falcon lies/ Harmless Lucretia’ shade’, trembling with fear, ‘as fowl hear falcon’s bells’. She ‘lies at the mercy of his moral sting’ and finally succumbs ‘To the rough beast that knows no gentle right/ Nor aught obey but his foul appetite’.

Lucrece is shattered, perplexed and grief-stricken by the unexpected assault on her by her honoured guest. ‘I alone must sit and pine/ Seasoning the earth with showers of silver brine’. She weeps, ‘O unseen shame, invisible disgrace/ O unfelt sore, crest wounding private scar’. Her anguish is further expressed through the image of the violated hive. ’My honey lost, and I, a drone – like bee, have no perfection of my summer left/ But robb’d and ransack’d by injurious theft./ In thy weak hive a wand’ring wasp hath kept/ And suck’d the honey which thy chaste bee kept’.

In this state of mourning, Lucrece despatches two messengers: one to her father in Rome and the other to her husband on the battlefield. On their arrival, she reveals the circumstances of her agony and names the individual responsible. She then stabs herself to death.

Their entourage carry her body through Rome and vow to avenge the death of this incomparable woman of chaste’. By public acclaim the reign of Tarquins is overthrown, and the rule of Rome handed over to the consuls.

A scene from Othello

ROSALIND in ‘As You Like It’ – Challenging the Gender Constraints

One of the few female characters to play a leading role is Rosalind in ‘As You Like It’. She remains much to the liking of many a theatre goer because of her wit, wisdom and inner strength. Rosalind transcends the constraints imposed on women during the Shakespearean era – constraints that continue to resonate in certain cultures even today.

Two young women of noble birth flee the oppressive court in disguise and seek refuge in the Forest of Arden. Rosalind disguised as a young man, Ganymede, while her devoted cousin Celia adopts the name Aliena. As they depart Celia declares, “Now go we in content/ To liberty, and not to banishment.” Orlando, the object of Rosalind’s affection, also escapes to the forest to evade the hostility of his brother. Unaware of Rosalind’s disguise, he expresses his love by hanging verses in her praise upon the trees. Although Rosalind discovers these poems, she chooses to maintain her disguise, using it as an opportunity to test Orlando’s devotion and explore the nature of love, courtship, and the differing gender expectations. The play reaches a conclusion by Rosalind dropping her disguise, and the two uniting in love.

*****

Gender-based violence is recognised globally as a pervasive violation of human rights and a significant social, cultural and public health concern. Violence against women, including emotional, physical and sexual, varies across societies in form and prevalence, and is often rooted in unequal power relations and social structures that perpetuate male dominance. Gender-based violence requires collective action through education, legal protection, economic empowerment, accessible support services and changes in attitudes and cultural practices. Power and influence should not be allowed to shield the perpetrators.

Art, including dramatic and literary art, serves to illuminate human experience. It allows us to explore emotions, ideas and moral dilemmas that may otherwise remain beyond ordinary expression. Art can entertain and inspire, but it can also challenge our assumptions, evoke empathy, and offer new ways of seeing ourselves and the world around us. In this sense, art is not merely a form of aesthetic pleasure; it is a means of understanding what it means to be human.

Desdemona, Ophelia, Lucrece and Rosalind are among Shakespeare’s more prominent female characters. The first three are innocent victims of male violence in different forms, evoking our empathy and compassion; the fourth challenges the gender assumptions and constraints of the time. Together, they illuminate gender-based issues that are both universal and timeless. In this sense, Shakespeare remains ‘our contemporary’, as Jan Kott, Polish-American literary critic, famously observed.

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Midweek Review

Nature’s Distress

Published

on

By Lynn Ockersz

Nature’s not on any vengeance trail….

Rather, from dense forests of the West,

Now all aflame in parts as if in rage,

To South-East Asia’s savaging floods,

And Sri Lanka’s fierce dry spells,

Where man and beast are imperiled,

Nature’s signaling she’s distressed,

Over her custodian’s ravenous lust,

Which unceremoniously gobbles-up,

Her graciously bestowed riches;

‘Take warning; slow down at least now’,

She seems to be chiding her wayward son,

‘Be gentle with me and all my treasures,

And I’ll look to your continuing wellness,

But rein-in your self-destructive fire,

Lest it consumes your willful self in full,

And all I have left in your custodial care.’

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