Features
Delisting of former proscribed entities
By Neville Ladduwahetty
A media release issued by the Ministry of Defence (MoD) says, “The ban was lifted after a study was conducted by a committee consisting of the Ministry of Foreign Affairs, the Attorney General’s Department, intelligence agencies, law enforcement agencies, and the Financial Intelligence Unit of the Central Bank of Sri Lanka.”
The report also states: “According to the Ministry, 577 individuals, and 18 organizations, had been blacklisted, in 2021, for financing terrorism, under the United Nations Regulations No. 01 of 2012. However, following lengthy considerations, it was decided to delist 316 individuals, and six organisations as they no longer continue to fund terrorist activities, the Ministry said” (Daily FT, August 17, 2022).
According to the above statement, by the MoD, the reason for delisting some individuals and organisations on the basis that “they no longer continue to fund terrorist activities”. However, United Nations Regulations No. 01 of 2012, referred to in the MoD release, is based on “the Minister of Foreign Affairs promulgating the United Nations Security Council Resolution 1373 (2001) designating individuals, and entities, related to terrorism and terrorist financing, in national level. Accordingly, Institutions are obliged to have measures, in place, to identify and freeze funds, financial assets or economic resources of such designated persons, and entities, upon order by the Competent Authority who is Secretary to the Ministry of Defence. The Secretary to the MoD is appointed as the Competent Authority for the implementation of UNSCR 1373 and its successor resolutions in Sri Lanka.
When the Minister of Foreign Affairs promulgated UNSC Resolution 1373, it was limited ONLY to “identify and freeze funds, financial assets or economic resources”. This is too limited because it misses the full scope of 1373. The scope of UNSCC Resolution goes beyond to “any form of support, active or passive, to entities”. Therefore, since these provisions cover activities far beyond funding terrorist activities, the comment in the MoD release that those delisted “no longer fund terrorist activities” is too limited a basis for delisting; a fact that is evident from the UNSCR 1373 provisions presented below. This is a serious lapse in the interpretation of UNSC Resolution 1373, by the Minister of Foreign Affairs, and followed by the MoD, and all those organizations, and individuals, who participated in making the decision to delist some individuals and organizations, however rigorous their investigations were.
PROVISIONS of UNSCR 1373
SC Resolution 1373 states as follows:
1. Decides that all States shall: (a) Prevent and suppress the financing of terrorist acts; (b) Criminalize the wilful provision, or collection, by any means, directly, or indirectly, of funds by their nationals, or in their territories, with the intention that the funds should be used, or in the knowledge that they are to be used, in order to carry out terrorist acts; (c) Freeze, without delay, funds and other financial assets, or economic resources, of persons who commit, or attempt to commit, terrorist acts or participate in or facilitate the commission of terrorist acts; of entities owned, or controlled directly or indirectly by such persons; and of persons, and entities, acting on behalf of, or at the direction of such persons and entities, including funds derived, or generated, from property, owned or controlled directly or indirectly by such persons and associated persons, and entities;
(d) Prohibit their nationals, or any persons and entities, within their territories, from making any funds, financial assets or economic resources or financial or other related services available directly or indirectly for the benefit of persons who commit, or attempt to commit, or facilitate, or participate in the commission of terrorist acts of entities owned or controlled, directly or indirectly by such persons and of persons and entities acting on behalf of or at the direction of such persons;
2. Decides also that all States shall: (a) Refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts, including by suppressing recruitment of members of terrorist groups and eliminating the supply of weapons to terrorists; (b) Take the necessary steps to prevent the commission of terrorist acts, including by provision of early warning to other States by exchange of information; (c) Deny safe haven to those who finance, plan, support, or commit terrorist acts, or provide safe havens; (d) Prevent those who finance, plan, facilitate or commit terrorist acts from using their respective territories for those purposes against other States or their citizens; (e) Ensure that any person, who participates in the financing, planning, preparation or perpetration of terrorist acts or in supporting terrorist acts, is brought to justice and ensure that in addition to any other measures against them, such terrorist acts are established as serious criminal offences in domestic laws and regulations and that the punishment duly reflects the seriousness of such terrorist acts; (f) Afford one another the greatest measure of assistance in connection with criminal investigations or criminal proceedings relating to the financing or support of terrorist acts, including assistance in obtaining evidence in their possession necessary for the proceedings; (g) Prevent the movement of terrorists or terrorist groups by effective border controls and controls on issuance of identity papers and travel documents, and through measures for preventing counterfeiting, forgery or fraudulent use of identity papers and travel documents;
This interpretation is amply demonstrated in the judgment given by the United States Supreme Court in the case of Holder v Humanitarian Law project cited below.
According to the Court “material support” to terrorist means “even when offerings are not money or weapons but things such as ‘expert advice or assistance’ or ‘training’ intended to instruct in international law or appeals to the United Nations”.
The United States Supreme Court, in the case of Holder v Humanitarian Law Project, when the “…court voted 6 to 3 to uphold a federal law banning ‘material support’ to foreign terrorist organizations. The ban holds, the court explained, even when offerings are not money or weapons but things such as ‘expert advice or assistance’ or ‘training’ intended to instruct in international law or appeals to the United Nations” (Washington Post, June 22, 2010). Chief Justice John G. Roberts Jr. in writing the majority opinion said that those challenging the ban “simply disagree with the considered judgment of Congress and the Executive that providing material support to a designated terrorist organization – even seemingly benign support bolsters terrorist activities of the organization… (the law) is on its face, a preventive measure – it criminalizes not terrorist attacks themselves, but aid that makes the attack more likely to occur…” (Ibid).
EFFORTS to REVIVE the LTTE
The Island of January 31, 2022, carries a report that states: “The Indian National Investigation Agency (NIA) has registered a case and launched a probe in connection with the arrest of three Sri Lankan nationals with fake passports who are allegedly involved in raising money to revive the LTT ….”
The amended Prevention of Terrorism (Special Provisions) Act No. 48, 1979 of Sri Lanka that is tabled in Parliament does not adequately address the act of “raising money” by terrorist entities such as the proscribed LTTE. Instead, the amended PTA addresses mainly the rights and entitlements of perpetrators of terrorism, and NOT those who advise and support the many facets of LTTE activities. However, proscribing entities is not a sufficient deterrent to discourage terrorism. Instead, the breadth and scope of the legal provisions that exist need to be strengthened in order to prevent and suppress terrorism.
According to The Island report, the action taken by the NIA is under provisions of “Unlawful (Prevention) Act and Foreigners Amendment Act among others of the Penal Code”. Whether these instruments cover only terrorist acts or are sufficiently wide in scope to cover not only fund raising but also material support, needs to be established if they are to prevent and deter terrorism. If not, they need to be extended beyond, into activities such as selecting, training, fund raising and engaging the perpetrators of terrorism, if the legal provisions are to have an impact. Since the Security Council Resolution 1373 is sufficiently wide in scope to address these issues, it is imperative that ALL Member States incorporate its provisions because they are specifically designed to prevent and suppress terrorism. Since those arrested are now engaged in the revival of the LTTE, it is absolutely vital that Sri Lanka takes immediate action to implement the full scope of Security Council Resolution 1373, if terrorism is not to recur.
CONCLUSION
The press release issued by the Ministry of Defence states: “577 individuals, and 18 organizations, had been blacklisted in 2021 for financing terrorism under the United Nations Regulations No. 01 of 2012. However, following lengthy considerations, it was decided to delist 316 individuals and six organizations as they no longer continue to fund terrorist activities the Ministry said” (Daily FT, August 17, 2022).
This means nearly 55% individuals and 33% organizations were delisted from a list as recent as 2021. According to the press release, this decision was taken after a study was conducted by a galaxy of individuals representing the Ministry of Foreign Affairs, the Attorney General’s Department, intelligence agencies, law enforcement agencies and the Financial Intelligence Unit of the Central Bank of Sri Lanka on the basis that “they no longer continue to fund terrorist activities”
However, United Nations Regulations No. 01 of 2012 referred to in the MoD release is based on “the Minister of Foreign Affairs promulgating the United Nations Security Council Resolution 1373 (2001)”. The promulgation of UNSC Resolution 1373 by the SL Minister of Foreign Affairs is limited ONLY to prohibiting fund raising for terrorist activities. Section 2 of Resolution 1373 prohibits “any form of support, active or passive to entities or persons involved in terrorist acts…”. Therefore, the basis for delisting is NOT in keeping with the provisions of UNSC Resolution 1373. This reflects poorly on Sri Lanka’s obligations to the Security Council.
Despite the fact that the grounds for delisting cannot be justified on the basis claimed that “they no longer continue to fund terrorist activities”, the reason for doing so appears to be a measure adopted by the government to encourage the participation of the diaspora “as it is a strength and source of investment”, as stated by the President. In fact, the President went on to suggest that Sri Lanka should “set up a Special Diaspora Office” (Ceylon Today, August 18, 2022).
While the intention to set up a Special Diaspora Office to attract diaspora funds has merit, by delisting first and hoping the diaspora to respond by way of investments is too much to expect in the absence of a quid pro quo. Therefore, the diaspora is bound to expect a political solution to gain their confidence, as suggested by the TNA (The Island, August 21), before they become a “source of investment”. Under the circumstances, the grounds for investment would become a bargaining chip to extract the most expansive of political solutions such as a federal arrangement as indicated by one of the delisted entities. Since such an outcome would be a certainty, it would have been more prudent to delist only those who invest, instead of opening the flood gates without any assurances in place.
The reason for such caution is twofold. The unhindered access to Sri Lanka by those delisted could present opportunities for them to engage in active and/or passive support to encourage the revival of the LTTE as reported by the Indian National Investigation Agency. No amount of vigilance by the security establishment would reveal clandestine arrangements as took place with the activities that precipitated the Easter Sunday terrorist attack. The other is that the front runner for the Prime Ministerial post in the UK, Rishi Sunak, has at a meeting with British Tamil conservatives stated: “the UK will continue to play a central role to bring about justice and accountability” (The Island, August 21, 2022). “In his statement, he stressed his support for the latest UN Resolution on Sri Lanka, which mandated the collection of evidence that may be used in a future war crimes tribunal” (Ibid).
To delist 55% individuals and 33% organisations from a year-old list in the expectation of attracting diaspora investments against the background of the support of a future UK government, and the expectation of a federal arrangement as a political solution without assured commitments is beyond any sense of reality because it would be too high a price for the People of Sri Lanka to accept. Instead, what the MoD should have done was to delist only those who have shown or show good faith by investing to build a prosperous Sri Lanka.
Features
Who Owns the Clock? The Quiet Politics of Time in Sri Lanka
(This is the 100th column of the Out of the Box series, which began on 6 September, 2023, at the invitation of this newspaper – Ed.)
A new year is an appropriate moment to pause, not for celebration, but to interrogate what our politics, policies, and public institutions have chosen to remember, forget, and repeat. We celebrate the dawn of another brand-new year. But whose calendar defines this moment?
We hang calendars on our walls and carry them in our phones, trusting them to keep our lives in order, meetings, exams, weddings, tax deadlines, pilgrimages. Yet calendars are anything but neutral. They are among humanity’s oldest instruments of power: tools that turn celestial rhythms into social rules and convert culture into governance. In Sri Lanka, where multiple traditions of time coexist, the calendar is not just a convenience, it is a contested terrain of identity, authority, and fairness.
Time is never just time
Every calendar expresses a political philosophy. Solar systems prioritise agricultural predictability and administrative stability; lunar systems preserve religious ritual even when seasons drift; lunisolar systems stitch both together, with intercalary months added to keep festivals in season while respecting the moon’s phases. Ancient India and China perfected this balancing act, proving that precision and meaning can coexist. Sri Lanka’s own rhythms, Vesak and Poson, Avurudu in April, Ramadan, Deepavali, sit inside this wider tradition.
What looks “technical” is actually social. A calendar decides when courts sit, when budgets reset, when harvests are planned, when children sit exams, when debts are due, and when communities celebrate. It says who gets to define “normal time,” and whose rhythms must adapt.
The colonial clock still ticks
Like many postcolonial societies, Sri Lanka inherited the Gregorian calendar as the default language of administration. January 1 is our “New Year” for financial statements, annual reports, contracts, fiscal plans, school terms, and parliamentary sittings, an imported date shaped by European liturgical cycles and temperate seasons rather than our monsoons or zodiac transitions. The lived heartbeat of the island, however, is Avurudu: tied to the sun’s movement into Mesha Rāshi, agricultural renewal, and shared rituals of restraint and generosity. The result is a quiet tension: the calendar of governance versus the calendar of lived culture.
This is not mere inconvenience; it is a subtle form of epistemic dominance. The administrative clock frames Gregorian time as “real,” while Sinhala, Tamil, and Islamic calendars are relegated to “cultural” exceptions. That framing shapes everything, from office leave norms to the pace at which development programmes expect communities to “comply”.
When calendars enforce authority
History reminds us that calendar reforms are rarely innocent. Julius Caesar’s reshaping of Rome’s calendar consolidated imperial power. Pope Gregory XIII’s reform aligned Christian ritual with solar accuracy while entrenching ecclesiastical authority. When Britain finally adopted the Gregorian system in 1752, the change erased 11 days and was imposed across its empire; colonial assemblies had little or no say. In that moment, time itself became a technology for governing distant subjects.
Sri Lanka knows this logic. The administrative layers built under colonial rule taught us to treat Gregorian dates as “official” and indigenous rhythms as “traditional.” Our contemporary fiscal deadlines, debt restructurings, even election cycles, now march to that imported drumbeat, often without asking how this timing sits with the island’s ecological and cultural cycles.
Development, deadlines and temporal violence
Modern governance is obsessed with deadlines: quarters, annual budgets, five-year plans, review missions. The assumption is that time is linear, uniform, and compressible. But a farmer in Anuradhapura and a rideshare driver in Colombo do not live in the same temporal reality. Monsoons, harvests, pilgrimage seasons, fasting cycles, school term transitions, these shape when people can comply with policy, pay taxes, attend trainings, or repay loans. When programmes ignore these rhythms, failure is framed as “noncompliance,” when in fact the calendar itself has misread society. This mismatch is a form of temporal violence: harm produced not by bad intentions, but by insensitive timing.
Consider microcredit repayment windows that peak during lean agricultural months, or school examinations scheduled without regard to Avurudu obligations. Disaster relief often runs on the donor’s quarterly clock rather than the community’s recovery pace. In each case, governance time disciplines lived time, and the least powerful bend the most.
Religious time vs administrative time
Sri Lanka’s plural religious landscape intensifies the calendar question. Buddhism, Hinduism, Islam, and Christianity relate to time differently: lunar cycles, solar markers, sacred anniversaries. The state acknowledges these mainly as public holidays, rather than integrating their deeper temporal logic into planning. Vesak is a day off, not a rhythm of reflection and restraint; Ramadan is accommodated as schedule disruption, not as a month that reorganises energy, sleep, and work patterns; Avurudu is celebrated culturally but remains administratively marginal. The hidden assumption is that “real work” happens on the Gregorian clock; culture is decorative. That assumption deserves challenge.
The wisdom in complexity
Precolonial South and East Asian calendars were not confused compromises. They were sophisticated integrations of astronomy, agriculture, and ritual life, adding intercalary months precisely to keep festivals aligned with the seasons, and using lunar mansions (nakshatra) to mark auspicious thresholds. This plural logic admits that societies live on multiple cycles at once. Administrative convenience won with the Gregorian system, but at a cost: months that no longer relate to the moon (even though “month” comes from “moon”), and a yearstart with no intrinsic astronomical significance for our context.
Towards temporal pluralism
The solution is not to abandon the Gregorian calendar. Global coordination, trade, aviation, science, requires shared reference points. But ‘shared’ does not mean uncritical. Sri Lanka can lead by modelling temporal pluralism: a policy posture that recognises different ways of organising time as legitimate, and integrates them thoughtfully into governance.
Why timing is justice
In an age of economic adjustment and climate volatility, time becomes a question of justice: Whose rhythms does the state respect? Whose deadlines dominate? Whose festivals shape planning, and whose are treated as interruptions? The more governance assumes a single, imported tempo, the wider the gap between the citizens and the state. Conversely, when policy listens to local calendars, legitimacy grows, as does efficacy. People comply more when the schedule makes sense in their lives.
Reclaiming time without romanticism
This is not nostalgia. It is a pragmatic recognition that societies live on multiple cycles: ecological, economic, ritual, familial. Good policy stitches these cycles into a workable fabric. Poor policy flattens them into a grid and then blames citizens for falling through the squares.
Sri Lanka’s temporal landscape, Avurudu’s thresholds, lunar fasts, monsoon pulses, exam seasons, budget cycles, is rich, not chaotic. The task before us is translation: making administrative time converse respectfully with cultural time. We don’t need to slow down; we need to sync differently.
The last word
When British subjects woke to find 11 days erased in 1752, they learned that time could be rearranged by distant power. Our lesson, centuries later, is the opposite: time can be rearranged by near power, by a state that chooses to listen.
Calendars shape memory, expectation, discipline, and hope. If Sri Lanka can reimagine the governance of time, without abandoning global coordination, we might recover something profound: a calendar that measures not just hours but meaning. That would be a reform worthy of our island’s wisdom.
(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT, Malabe. The views and opinions expressed in this article are personal.)
Features
Medicinal drugs for Sri Lanka:The science of safety beyond rhetoric
The recent wave of pharmaceutical tragedies in Sri Lanka, as well as some others that have occurred regularly in the past, has exposed a terrifying reality: our medicine cabinets have become a frontline of risk and potential danger. In recent months, the silent sanctuary of Sri Lanka’s healthcare system has been shattered by a series of tragic, preventable deaths. The common denominator in these tragedies has been a failure in the most basic promise of medicine: that it will heal, not harm. This issue is entirely contrary to the immortal writings of the Father of Medicine, Hippocrates of the island of Kos, who wrote, “Primum non nocere,” which translates classically from Latin as “First do no harm.” The question of the safety of medicinal drugs is, at present, a real dilemma for those of us who, by virtue of our vocation, need to use them to help our patients.
For a nation that imports the vast majority of its medicinal drugs, largely from regional hubs like India, Pakistan, and Bangladesh, the promise of healing is only as strong as the laboratory that verifies these very same medicinal drugs. To prevent further problems, and even loss of lives, we must demand a world-class laboratory infrastructure that operates on science, not just sentiment. We desperately need a total overhaul of our pharmaceutical quality assurance architecture.
The detailed anatomy of a national drug testing facility is not merely a government office. It is a high-precision fortress. To meet international standards like ISO/IEC 17025 and World Health Organisation (WHO) Good Practices for Pharmaceutical Quality Control Laboratories, such a high-quality laboratory must be zoned into specialised units, each designed to catch a different type of failure.
* The Physicochemical Unit: This is where the chemical identity of a drug is confirmed. Using High-Performance Liquid Chromatography (HPLC) and Gas Chromatography-Mass Spectrometry (GC-MS), scientists determine if a “500mg” tablet actually contains 500mg of the active ingredient or if it is filled with useless chalk.
* The Microbiology Suite: This is the most critical area for preventing “injection deaths.” It requires an ISO Class 5 Cleanroom: sterile environments where air is filtered to remove every microscopic particle. Here, technicians perform Sterility Testing to ensure no bacteria or fungi are present in medicines that have to be injected.
* The Instrumentation Wing: Modern testing requires Atomic Absorption Spectrometers to detect heavy metal contaminants (like lead or arsenic) and Stability Chambers to see how drugs react to Sri Lanka’s high humidity.
* The injectable drug contamination is a serious challenge. The most recent fatalities in our hospitals were linked to Intravenous (IV) preparations. When a drug is injected directly into the bloodstream, there is no margin for error. A proper national laboratory must conduct two non-negotiable tests:
* Bacterial Endotoxin Testing (BET): Even if a drug is “sterile” (all bacteria are dead), the dead bacteria leave behind toxic cell wall products called endotoxins. If injected, these residual compounds cause “Pyrogenic Reactions” with violent fevers, organ failure, and death. A functional lab must use the Limulus Amoebocyte Lysate (LAL) test to detect these toxins at the parts-per-billion level.
* Particulate Matter Analysis: Using laser obscuration, labs must verify that no microscopic shards of glass or plastic are floating in the vials. These can cause fatal blood clots or embolisms in the lungs.
It is absolutely vital to assess whether the medicine is available in the preparation in the prescribed amounts and whether it is active and is likely to work. This is Bioavailability. Sri Lanka’s heavy reliance on “generic” imports raises a critical question: Is the cheaper version from abroad as effective as the original, more expensive branded formulation? This is determined by Bioavailability (BA) and Bioequivalence (BE) studies.
A drug might have the right chemical formula, but if it does not dissolve properly in the stomach or reach the blood at the right speed, it is therapeutically useless. Bioavailability measures the rate and extent to which the active ingredient is absorbed into the bloodstream. If a cheaper generic drug is not “bioequivalent” to the original brand-named version, the patient is essentially taking a useless placebo. For patients with heart disease or epilepsy, even a 10% difference in bioavailability can lead to treatment failure. A proper national system must include a facility to conduct these studies, ensuring that every generic drug imported is a true “therapeutic equivalent” to the brand-named original.
As far as testing goes, the current testing philosophy is best described as Reactive, rather than Proactive. The current Sri Lankan system is “reactive”: we test a drug only after a patient has already suffered. This is a proven recipe for disaster. To protect the public, we must shift to a Proactive Surveillance Model of testing ALL drugs at many stages of their dispensing.
* Pre-Marketing Approval: No drug should reach a hospital shelf without “Batch Release” testing. Currently, we often accept the manufacturer’s own certificate of analysis, which is essentially like allowing students to grade their own examination answers.
* Random Post-Marketing Surveillance (PMS): Regulatory inspectors must have the power to walk into any rural pharmacy or state hospital, pick a box of medicine at random, and send it to the lab. This could even catch “substandard” drugs that may have degraded during shipping or storage in our tropical heat. PMS is the Final Safety Net. Even the best laboratories cannot catch every defect. Post-Marketing Surveillance is the ongoing monitoring of a drug’s safety after it has been released to the public. It clearly is the Gold Standard.
* Pharmacovigilance: A robust digital system where every “Adverse Drug Reaction” (ADR) is logged in a national database.
* Signal Detection: An example of this is if three hospitals in different provinces report a slight rash from the same batch of an antibiotic, the system should automatically “flag” that batch for immediate recall before a more severe, unfortunate event takes place.
* Testing for Contaminants: Beyond the active ingredients, we must test for excipient purity. In some global cases, cheaper “glycerin” used in syrups was contaminated with diethylene glycol, a deadly poison. A modern lab must have the technology to screen for these hidden killers.
When one considers the Human Element, Competence and Integrity, the very best equipment in the world is useless without the human capital to run it. A national lab would need the following:
* Highly Trained Pharmacologists and Microbiologists and all grades of staff who are compensated well enough to be immune to the “lobbying” of powerful external agencies.
* Digital Transparency: A database accessible to the public, where any citizen can enter a batch number from their medicine box and see the lab results.
Once a proper system is put in place, we need to assess as to how our facilities measure up against the WHO’s “Model Quality Assurance System.” That will ensure maintenance of internationally recognised standards. The confirmed unfavourable results of any testing procedure, if any, should lead to a very prompt “Blacklist” Initiative, which can be used to legally bar failing manufacturers from future tenders. Such an endeavour would help to keep all drug manufacturers and importers on their toes at all times.
This author believes that this article is based on the premise that the cost of silence by the medical profession would be catastrophic. Quality assurance of medicinal compounds is not an “extra” cost. It is a fundamental right of every Sri Lankan citizen, which is not at all subject to any kind of negotiation. Until our testing facilities match the sophistication of the manufacturers we buy from, we are not just importing medicine; we are importing potential risk.
The promises made by the powers-that-be to “update” the testing laboratories will remain as a rather familiar, unreliable, political theatre until we see a committed budget for mass spectrometry, cleanroom certifications, highly trained and committed staff and a fleet of independent inspectors. Quality control of therapeutic medicines is not a luxury; it is the price to be paid for a portal of entry into a civilised and intensively safe healthcare system. Every time we delay the construction of a comprehensive, proactive testing infrastructure, we are playing a game of Russian Roulette with the lives of our people.
The science is available, and the necessary technology exists. What is missing is the political will to put patient safety as the premier deciding criterion. The time for hollow rhetoric has passed, and the time for a scientifically fortified, transparent, and proactive regulatory mechanism is right now. The good health of all Sri Lankans, as well as even their lives, depend on it.
Dr B. J. C. Perera
MBBS(Cey), DCH(Cey), DCH(Eng), MD(Paediatrics), MRCP(UK), FRCP(Edin), FRCP(Lond), FRCPCH(UK), FSLCPaed, FCCP, Hony. FRCPCH(UK), Hony. FCGP(SL)
Specialist Consultant Paediatrician and Honorary Senior Fellow, Postgraduate Institute of Medicine, University of Colombo, Sri Lanka.
Joint Editor, Sri Lanka Journal of Child Health
Section Editor, Ceylon Medical Journal
Features
Rebuilding Sri Lanka Through Inclusive Governance
In the immediate aftermath of Cyclone Ditwah, the government has moved swiftly to establish a Presidential Task Force for Rebuilding Sri Lanka with a core committee to assess requirements, set priorities, allocate resources and raise and disburse funds. Public reaction, however, has focused on the committee’s problematic composition. All eleven committee members are men, and all non-government seats are held by business personalities with no known expertise in complex national development projects, disaster management and addressing the needs of vulnerable populations. They belong to the top echelon of Sri Lanka’s private sector which has been making extraordinary profits. The government has been urged by civil society groups to reconsider the role and purpose of this task force and reconstitute it to be more representative of the country and its multiple needs.
The group of high-powered businessmen initially appointed might greatly help mobilise funds from corporates and international donors, but this group may be ill equipped to determine priorities and oversee disbursement and spending. It would be necessary to separate fundraising, fund oversight and spending prioritisation, given the different capabilities and considerations required for each. International experience in post disaster recovery shows that inclusive and representative structures are more likely to produce outcomes that are equitable, efficient and publicly accepted. Civil society, for instance, brings knowledge rooted in communities, experience in working with vulnerable groups and a capacity to question assumptions that may otherwise go unchallenged.
A positive and important development is that the government has been responsive to these criticisms and has invited at least one civil society representative to join the Rebuilding Sri Lanka committee. This decision deserves to be taken seriously and responded to positively by civil society which needs to call for more representation rather than a single representative. Such a demand would reflect an understanding that rebuilding after a national disaster cannot be undertaken by the state and the business community alone. The inclusion of civil society will strengthen transparency and public confidence, particularly at a moment when trust in institutions remains fragile. While one appointment does not in itself ensure inclusive governance, it opens the door to a more participatory approach that needs to be expanded and institutionalised.
Costly Exclusions
Going down the road of history, the absence of inclusion in government policymaking has cost the country dearly. The exclusion of others, not of one’s own community or political party, started at the very dawn of Independence in 1948. The Father of the Nation, D S Senanayake, led his government to exclude the Malaiyaha Tamil community by depriving them of their citizenship rights. Eight years later, in 1956, the Oxford educated S W R D Bandaranaike effectively excluded the Tamil speaking people from the government by making Sinhala the sole official language. These early decisions normalised exclusion as a tool of governance rather than accommodation and paved the way for seven decades of political conflict and three decades of internal war.
Exclusion has also taken place virulently on a political party basis. Both of Sri Lanka’s post Independence constitutions were decided on by the government alone. The opposition political parties voted against the new constitutions of 1972 and 1977 because they had been excluded from participating in their design. The proposals they had made were not accepted. The basic law of the country was never forged by consensus. This legacy continues to shape adversarial politics and institutional fragility. The exclusion of other communities and political parties from decision making has led to frequent reversals of government policy. Whether in education or economic regulation or foreign policy, what one government has done the successor government has undone.
Sri Lanka’s poor performance in securing the foreign investment necessary for rapid economic growth can be attributed to this factor in the main. Policy instability is not simply an economic problem but a political one rooted in narrow ownership of power. In 2022, when the people went on to the streets to protest against the government and caused it to fall, they demanded system change in which their primary focus was corruption, which had reached very high levels both literally and figuratively. The focus on corruption, as being done by the government at present, has two beneficial impacts for the government. The first is that it ensures that a minimum of resources will be wasted so that the maximum may be used for the people’s welfare.
Second Benefit
The second benefit is that by focusing on the crime of corruption, the government can disable many leaders in the opposition. The more opposition leaders who are behind bars on charges of corruption, the less competition the government faces. Yet these gains do not substitute for the deeper requirement of inclusive governance. The present government seems to have identified corruption as the problem it will emphasise. However, reducing or eliminating corruption by itself is not going to lead to rapid economic development. Corruption is not the sole reason for the absence of economic growth. The most important factor in rapid economic growth is to have government policies that are not reversed every time a new government comes to power.
For Sri Lanka to make the transition to self-sustaining and rapid economic development, it is necessary that the economic policies followed today are not reversed tomorrow. The best way to ensure continuity of policy is to be inclusive in governance. Instead of excluding those in the opposition, the mainstream opposition in particular needs to be included. In terms of system change, the government has scored high with regard to corruption. There is a general feeling that corruption in the country is much reduced compared to the past. However, with regard to inclusion the government needs to demonstrate more commitment. This was evident in the initial choice of cabinet ministers, who were nearly all men from the majority ethnic community. Important committees it formed, including the Presidential Task Force for a Clean Sri Lanka and the Rebuilding Sri Lanka Task Force, also failed at first to reflect the diversity of the country.
In a multi ethnic and multi religious society like Sri Lanka, inclusivity is not merely symbolic. It is essential for addressing diverse perspectives and fostering mutual understanding. It is important to have members of the Tamil, Muslim and other minority communities, and women who are 52 percent of the population, appointed to important decision making bodies, especially those tasked with national recovery. Without such representation, the risk is that the very communities most affected by the crisis will remain unheard, and old grievances will be reproduced in new forms. The invitation extended to civil society to participate in the Rebuilding Sri Lanka Task Force is an important beginning. Whether it becomes a turning point will depend on whether the government chooses to make inclusion a principle of governance rather than treat it as a show of concession made under pressure.
by Jehan Perera
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