Editorial
Gavel hits chopper
Saturday 14th January, 2023
Thursday’s historic Supreme Court (SC) judgement could not have come at a worse time for the newly-formed Nidahas Janatha Sandanaya or the ‘Freedom People’s Alliance’ (FPA), consisting of the SLFP, some SLPP splinter groups and others. The apex court has ordered SLFP leader and former President Maithripala Sirisena to pay as much as Rs. 100 million as compensation for his failure to prevent the Easter Sunday carnage (2019). The new alliance claims that it is run by a leadership council, but in any coalition, it is the leader of its biggest constituent who calls the shots for all practical purposes. Thus, the FPA is an SLFP-led coalition and Sirisena is its leader in all but name. It has, in its wisdom, adopted the helicopter, of all things, as its symbol. The SC order has hit the FPA whirlybird, as it were, like a missile! Nothing worse can happen to a newly-formed electoral alliance ahead of an election than to have as its de facto head exposed as a leader, whose lapses caused the destruction of hundreds of lives in terror strikes that could have been prevented.
Sirisena was not a political asset even to his own party; he was not popular enough to seek a second term. Thanks to the SC judgement at issue, he will become a huge political liability to both the SLFP and the alliance led by it. How the FPA will seek to control damage and whether it will succeed in its endeavour, with only a few weeks to go for the local government polls, remain to be seen.
The SLPP and its allies made the most of the political fallout of the Easter Sunday attacks to return to power in 2019, but it will not be able to use the SC judgement against Sirisena to gain political mileage–– for two reasons. First, it coalesced with the SLFP led by Sirisena, who failed to prevent the carnage. Second, its MPs elected, as President, Ranil Wickremesinghe, who was among the respondents against whom the SC was moved by the family members of the Easter Sunday terror victims, the Catholic clergy and others. It is thanks to the SLPP, which made him the President that Wickremesinghe was removed from the list of respondents because of his presidential immunity. Moreover, the SLPP and the UNP have now formed an electoral alliance.
The JVP will not be able to gain political mileage from the SC order, for the Easter Sunday attacks happened under a government it was supporting. It backed the Yahapalana administration to the hilt, having helped Sirisena secure the presidency in 2015, and went so far as to prop it up in Parliament vis-a-vis President Sirisena’s attempt to dislodge it with the help of the Rajapaksas, in 2018. The UNP and the JVP had an affinity for each other, and the latter’s MPs fought quite a battle to enable Wickremesinghe to retain his premiership during the constitutional coup by turning the tables on President Sirisena and the Rajapaksa family. The Presidential Commission of Inquiry, which probed the Easter Sunday carnage has held the entire Yahapalana government including President Sirisena and Prime Minister Ranil Wickremesinghe accountable for the tragedy. Besides, two sons of a JVP’s National List nominee—Ibrahim Mohammed––were Easter Sunday bombers. The JVP claims to be privy even to confidential information concerning its rivals, and displays slews of files on what it calls corrupt deals under the Rajapaksa government, and therefore it will have its work cut out to convince the public that it was not aware of Ibrahim’s background.
The SJB consists of former UNPers who were members of the Yahapalana government, which compromised national security and therefore failed to prevent the Easter Sunday attacks despite having received repeated warnings of the impending terror strikes. Some of its seniors were in the Yahapalana Cabinet, and they are therefore collectively responsible for its serious lapses. It is doubtful whether they will be able to hoodwink the public.
Thus, it may be argued that although Thursday’s SC judgement has sent the FPA reeling, the SLPP, the UNP, the SJB and the JVP will not be able to capitalise on it because they themselves were involved in the Yahapalana government albeit to varying degrees or have closed ranks with those who failed to prevent the Easter Sunday tragedy.
Editorial
Trouble beginning in earnest
Tuesday 22nd September, 2026
Speaker Dr. Jagath Wickramaratne is expected to communicate the Supreme Court (SC) determination on the 22nd Constitutional Amendment (22A) Bill to Parliament shortly. All signs are that it will come as no surprise to legal experts and the discerning public. The process of hearing scores of petitions against 22A came under intense global scrutiny, with the impending SC determination arousing much interest among international jurists. It will be interesting to see their reaction when the determination is made public.
The Opposition is planning a protest against 22A near Parliament. It is now shifting the battle against 22A from the legal front to the political front. President Anura Kumara Dissanayake has already embarked on a campaign to drum up support for his government as well as 22A. Propaganda war between the government and the Opposition is getting down and dirty, with reputations being dragged through the mud.
President Dissanayake recently created quite a stir when he revealed how he was going to turn 22A into law. Addressing an NPP rally in Kalutara, he said his government had a two-thirds majority in Parliament and could secure the passage of 22A. The Opposition lashed out at him, demanding to know how he could so confidently say that 22A would be passed with the government’s parliamentary majority alone, even before the SC determination was conveyed to the Speaker. One may recall that on a previous occasion, too, President Dissanayake drew heavy flak for making a prediction about the judgement in a case against a prominent Opposition figure.
In his Kalutara speech, the President went on to dismiss as baseless a claim in some quarters that he was planning to hold a referendum to do away with elections. Stressing that he would not do so and elections would be held, he said a referendum would divide voters into the Yes and No camps, but an election would help cause numerous splits in the Opposition, much to the advantage of the government. The subtext of his statement was that he was wary of holding a referendum.
After gazetting 22A, President Dissanayake declared that he would pull out all the stops to ensure its enactment and refused to hold stakeholder consultations, much less take dissenting views on board. The government’s position has been that there is no need for a referendum on 22A, which it says can be passed with only a two-thirds parliamentary majority. It has come under criticism from international organisations of judges and lawyers, including the International Association of Judges, LAWASIA, and the Commonwealth Lawyers’ Association, with the Bar Association of Sri Lanka (BASL) leading the campaign against 22A from the front.
There have been several controversial constitutional amendments that did not survive the governments that introduced them although they passed muster with the apex court and received special majorities for enactment. This is something that all governments ought to bear in mind.
In 2010, the 18th Amendment (18A) was enacted to enhance the President’s executive powers and do away with the presidential term limit for the benefit of the then President Mahinda Rajapaksa. Legal experts argued that 18A had to be approved by the people at a referendum, but it was passed with only a two-thirds parliamentary majority. 18A lasted only a few years. Following the 2015 regime change, 19th Amendment eviscerated 18A.
The same fate befell the 20th Amendment (20A), which was enacted by the SLPP government during Gotabaya Rajapaksa’s presidency to restore the executive powers taken away by the 19th Amendment and enable dual citizens to enter Parliament, the main beneficiary being Basil Rajapaksa. The 21st Amendment rendered 20A hollow during the SLPP government itself.
Worse, the 13th Amendment, enacted in haste, plunged the country into a bloodbath, with the JVP unleashing terror in a bid to scuttle it in the late 1980s. The JVP-NPP government has learnt little from history.
Editorial
Watery waltz with Grim Reaper
Monday 21st September, 2026
Sri Lankans always use highways and waterways recklessly as if they had a death wish. This fact is borne out by the chilling statistics about fatal road accidents and drowning incidents. About seven people, including five youths, have drowned in separate incidents during the past week alone, according to media reports. Road accidents snuff out about seven lives a day. Drowning reportedly causes about 600-900 deaths annually.
The disturbing cluster of drowning incidents that received media attention, during the past three weeks, is as follows: a 13-year-old schoolboy drowned in the Maha Oya on 08 September; an 11-year-old Buddhist monk drowned while bathing in the Heen Ganga on 13 September; a 25-year-old Indian tourist drowned during a sea-rafting outing in Sri Lanka on 15 September, and four young people drowned while bathing in the Maha Oya on 19 September. There was also a drowning incident involving two young men, aged 23 and 24, in the Nanu Oya canal earlier in September.
According to media reports quoting the Sri Lanka Life Saving organisation, many fisherfolk cannot swim or even float. The vulnerability of others who do not live close to water bodies is self-evident. Swimming skills and water experience do not necessarily go hand in hand, and one does not have to be a good swimmer to operate a fishing craft, but the general consensus is that swimming or at least the ability to survive in sudden immersions should be in the DNA of the coastal and fishing communities. Shouldn’t a vast majority of inhabitants of a country that boasts an ancient hydraulic civilisation at least be able to float and survive, much less swim like otters?
Sri Lanka’s drowning-prevention efforts are noteworthy. They include Swim for Safety and women’s and children’s swimming programmes, Coast Guard lifesaving training, Navy and Police rescue training, community and fishermen’s water safety education, putting up warning signs, public awareness campaigns, and a national multisectoral drowning prevention action plan. If not for these initiatives, many more lives may have been lost annually. However, going by the sheer number of drowning incidents reported almost daily, it can be argued that much more remains to be done.
The World Health Organization (WHO), which plays an active role in helping Sri Lanka prevent drowning incidents, has identified several gaps in drowning prevention efforts, the main being that swimming education is not mandatory in schools, drowning data are fragmented between agencies and the effectiveness of existing interventions has not been adequately evaluated. It has recommended sustained national campaigns aimed at children, parents, boat users and tourists, as well as the expansion of community-level swimming and water-safety interventions. This, we believe, is the way forward.
There has been much hullabaloo about attempts to introduce sex education into the school curriculum. This is an issue to be dealt with separately, but shouldn’t survival skills take precedence over, or receive the same attention as, sex education in schools?
The best way to determine whether a bathing place is safe is to seek the advice of the people living close to it. Many Sri Lankans consider a dip in a waterway, a reservoir or the sea, or a boat ride, an integral part of a trip; they tend to throw caution to the wind and plunge into unfamiliar waters, particularly when they are sozzled to the gills. They ignore warning signs, which in some cases are not properly visible.
Serious thought should be given to adopting digital solutions to prevent drowning incidents. There is a need to introduce an official national water-safety app, supported by the Police, Coast Guard and lifesaving organisations, to enable people to check the latest safety status of beaches, rivers, reservoirs and other popular bathing places and the availability of lifeguards at such places before entering the water. Sri Lanka can learn from other countries, such as New Zealand, where Safeswim provides location-specific swimming risk information, current hazards, lifeguard patrol information and Australia, whose Beachsafe informs the public of beach locations, surf conditions, hazards and the status of lifesaving services. It may not be difficult to find sponsors for such an app.
A truly national effort is called for to prevent avoidable drowning deaths.
Editorial
The Old Fox and his clones
The 120th birth anniversary of President J. R. Jayewardene (JRJ) was commemorated in Colombo on Thursday. The well-attended event, with a representative audience, brought the UNP and its offshoot, the SJB, together, with their leaders, former President Ranil Wickremesinghe and Opposition Leader Sajith Premadasa, respectively, stressing the need for their parties to unite and fight what they described as the JVP-led NPP government’s dictatorial rule. Ironically, about four decades ago the JVP itself used the same allegation in a bid to justify its violent campaign against the JRJ government.
JRJ or the Old Fox, as he was popularly known, achieved what many considered impossible; he rebuilt the UNP from a mere 17 seats, which it was reduced to in the 1970 general election, and steered it to a mammoth victory with a five-sixths majority just seven years later. He not only opened up Sri Lanka’s economy but also reoriented the country’s geopolitical alignment in a bipolar world. He was pejoratively dubbed “Yankee Dickie” because of his pro-American stance. His rule was a Dickensian paradox, characterised by both progress and decline. It ushered in economic growth and infrastructural development but upended Sri Lanka’s political culture, paving the way for the institutionalisation of corruption, abuse of power, political violence, electoral malpractice, and political interference with the judiciary on an unprecedented scale; the debilitation of state-owned enterprises, particularly the bus service, also began under the JRJ rule. The 1978 Constitution, which entrenched the executive presidential system, is one of the most enduring features of the JRJ’s political legacy.
On watching the commemoration of Yankee Dickie’s birth anniversary, one may have recalled an American Civil War marching song, ‘John Brown Body’. The missions of Brown and JRJ bear little resemblance to each other; the former is a rebel and martyred abolitionist and the latter is remembered mostly as a self-seeking, conservative political leader, but their causes continue to advance long after their deaths. So, on Thursday, one may have sung under one’s breath, parodying the John Brown song:
JRJ’s Constitution is strapped upon his back,His soul is marching on.
About half a century has elapsed since JRJ introduced the current Constitution to achieve his presidential dream. All his successors, except Ranasinghe Premadasa and Gotabaya Rajapaksa, contested presidential elections, promising to abolish the executive presidency and restore the Westminster system, but they have followed the Machiavellian maxim on promises and considered ‘the word broken is the necessity of the present’.
JRJ may be blamed for many wrongs, but it may be argued that he was less hypocritical than his successors. He made no bones about his autocratic disposition, and had the courage to stand up for what he believed in. He yearned for absolute power, and blatantly undermined the separation of powers and reduced the legislature to a mere appendage of the Executive. He also sought to keep the judiciary under his thumb, but with little success, thanks to some upright judges who had the courage to act without fear or favour. It was not without reason that he bragged that the only thing he could not do with his executive powers was to make a man a woman and vice versa. He brooked neither criticism nor dissent and bulldozed his way through. He did not scruple to amend the Constitution to advance his political agenda. All his successors have emulated him.
It may not be too cynical a view that the JVP should replace Rohana Wijeweera’s portrait at its Pelawatte office, if any, with that of JRJ, for its current policies are more closely aligned with JRJ’s capitalist ideology than its founder’s. The JVP-led NPP government is apparently pursuing open market policies more vigorously than its predecessors. Whoever would have thought that the JVP would ever embrace capitalist policies, much less pursue them with missionary zeal and capitulate to the Bretton Woods twins. The JVP’s 36-page Revolutionary Policy Declaration with Wijeweera’s imprimatur, ends with the Communist revolutionary slogan, Death to imperialism––Liberation to the People and Death to Capitalism––Victory to Socialism. But the present-day JVP leaders have embraced capitalism. They sought to kill JRJ for what they described as his capitulation to India. Today, they themselves stand accused of touching their forelocks to Indian leaders.
The SLFP also denounced JRJ’s economic policies vehemently while in the political wilderness, but unflinchingly adopted them after its return to power. So, the SLFP, too, should have JRJ’s portrait hung at its Darley Road office. The SLPP should also consider hanging a portrait of JRJ at its Nelum Mawatha office, for it also follows his policies.
The leaders of the JVP, the SLFP and the SLPP are no admirers of JRJ, but imitation is said to be the sincerest form of flattery. The Old Fox must be guffawing wherever he may be.
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