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BASL: If 21A fails, that will adversely affect future law reform initiatives

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… adequate checks and balances in place

The Bar Association of Sri Lanka has warned the government and all political parties represented in parliament that if the 21st Amendment (presented to Parliament as the 22nd Amendment to the Constitution Bill) fails to create strong independent institutions, it will have a bearing on future law reform initiatives such as the proposed composite Anti-Corruption law. The following is the full text of the BASL statement: “The Bar Association of Sri Lanka (BASL) notes that on the 21st of October 2022, Parliament approved the enactment of the 22nd Amendment to the Constitution, which has now been renamed as the 21st Amendment to the Constitution.

The Bill approved by Parliament was by and large that which was presented in Parliament on 10th August 2022 and published in the Gazette on 2nd August 2022 by the Government, subject to certain changes at the Committee Stage mainly to bring it in line with the determination of the Supreme Court.

The necessity to amend the Constitution arose as a result of the public outcry that sprung up throughout the country in response to the present economic crisis.It has been perceived that the causes of the crisis include, the lack of checks and balances on the powers of the Executive including the Executive Presidency.The 20th Amendment to the Constitution rolled back the checks and balances which were introduced by the 19th Amendment on the exercise of executive power.

The 21st Amendment to the Constitution regrettably does not completely restore the status quo ante which prevailed prior to the 20th Amendment to the Constitution and does not place adequate checks and balances on the powers of the Executive President.

The BASL in its previous statements on the 22nd Amendment Bill highlighted the shortcomings of the Bill and of the danger that the nominations of a majority of members to the Constitutional Council will be controlled by the party or parties in the Government, resulting in it lacking independence and consequently affect the independence and integrity of the offices and institutions to which appointments will be made through the Constitutional Council.

Nevertheless, now that the 21st amendment is enacted into law, it is essential that the Constitutional Council which is to be appointed thereunder and the Independent Commissions which will be reconstituted thereafter, be independent, impartial and be institutions which will help restore confidence in Sri Lanka and its Institutions.

As such the BASL calls upon the President, Prime Minister, the Speaker, the Leader of the Opposition, and all political parties represented in Parliament, to firstly ensure the integrity of nominations to the Constitutional Council and to ensure that such nominations are devoid of partisanship and in a manner that will inspire public confidence.For this purpose, it is important to ensure that the non-ex-officio members of the Constitutional Council appointed from among Members of Parliament and from among non-Members of Parliament be done in a transparent and open manner and to also ensure that those appointed will be acceptable to the members of the public and be persons of the highest integrity and reputation.

After the Constitutional Council is established, it should thereafter adopt a transparent, open, and inclusive process by which it nominates Chairpersons and members of Independent Commissions and other institutions established by the Constitution and other laws.It is also noted that upon the enactment of the 21st Amendment, the Chairpersons and members of Independent Commissions will cease to hold office upon these Commissions being reconstituted.

In doing so it is imperative that those appointed to the Election Commission, the Public Service Commission, the National Police Commission, the Human Rights Commission of Sri Lanka, the Commission to Investigate Allegations of Bribery or Corruption, the Finance Commission and the Delimitation Commission be persons who have not only the requisite qualifications and abilities but also be those whose appointments receive wide acceptance. It is equally important to ensure that the enactment of the 21st Amendment must not be used as an excuse or mechanism to discontinue Chairpersons and members of Commissions whose services helped establish public faith in such Institutions.

It is also vital for the Government to make provisions for the Commissions to have financial independence and that these Commissions adopt procedures that promote accountability and transparency in their work.Any failure of the 21st Amendment to address the issue of creating strong independent institutions in Sri Lanka will also have a bearing on future law reform initiatives, such as the proposed composite Anti-Corruption law, and will have an adverse impact on the Rule of Law in Sri Lanka



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Ravi: foreign exchange inflow does not reflect increased tourist arrivals

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NDF MP Ravi Karunanayake, on Tuesday, raised concerns over, what he described as, a widening disconnect between record tourist arrivals and a weak foreign exchange inflow, warning that headline arrival figures were masking deep structural failures in Sri Lanka’s tourism sector.

Raising the issue under Standing Order 27(2) (20), Karunanayake noted that Sri Lanka recorded more than 2.36 million tourist arrivals in 2025, yet total tourism earnings had increased only marginally to about USD 3.22 billion. He said average spending per tourist had declined by nearly 12 percent year-on-year, while tourism-related foreign exchange inflows, reflected in the Central Bank’s reserves, had not grown in proportion to arrivals.

“This raises serious concerns about revenue quality, offshore settlements, informality and weak enforcement,” the MP said, pointing out that an estimated 40,000 hotel and accommodation entities were operating without registration.

Karunanayake sought clarification from the government on the structural reasons behind declining per capita tourism earnings, including changes in source markets, length of stay and pricing practices. He also asked for details of the actual volume of tourism-related foreign exchange converted through licensed commercial banks in 2025 and reflected in Central Bank reserves, and how this compared with earnings figures reported by the Sri Lanka Tourism Development Authority.

MP Karunanayake further asked whether the government had assessed foreign exchange leakages arising from offshore settlement by online booking platforms and the extent of tourism activity conducted by unregistered accommodation providers and informal operators outside the banking system. “Does the Government accept that a material share of tourism-generated foreign exchange is bypassing the domestic financial system and, therefore, not strengthening official reserves?” he asked.

The NDF MP also criticised weak enforcement of mandatory registration, banking channel settlements and foreign exchange repatriation requirements, despite existing legal powers. He urged the Government to present a tourism policy explicitly linked to earnings, foreign exchange inflows and reserve accumulation, rather than relying on headline arrival numbers.

Karunanayake additionally warned that overseas credit cards were widely used for tourism payments in Sri Lanka, with invoicing and settlement taking place outside the country, thereby avoiding domestic taxation. He said international booking platforms similarly processed payments offshore, depriving Sri Lanka of full taxable revenue, and asked what corrective action was being taken to address the issue.

The government requested time to respond to the queries raised by the Opposition MP.

By Saman Indrajith

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India arranges capacity building programme for District Court judges on SC’s request

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At the request of the Supreme Court of Sri Lanka and Sri Lanka Judges’ Institute, a special capacity-building programme for 30 District Court Judges from Sri Lanka was organised at the Indian National Judicial Academy, Bhopal, from 12 to 16 January 2026, the Indian HC said.

IHC statement: “The week-long programme encompassed eleven sessions covering key themes such as court and case management for efficient judicial systems; juvenile justice; judicial interventions to combat money laundering; sentencing procedures and related challenges; environmental law jurisprudence; electronic evidence and cybercrime; the use of forensic evidence in civil and criminal trials; judicial stress management and wellness; among others. In addition, the programme featured educational visits, including a field visit to Sanchi, aimed at providing cultural exposure.

The programme was organised under the enhanced capacity building framework announced by Indian Prime Minister Narendra Modi during his State Visit to Sri Lanka in April 2025, whereby 700 customised slots annually for Sri Lankan professionals were added over and above all existing schemes such as ITEC. With around 300 Sri Lanka civil service officers being trained annually under a MoU between the National Centre for Good Governance of India and the Sri Lanka Institute of Development Administration, the enhanced capacity-building endeavour of India thus now benefits 1000 Sri Lankans annually.”

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Cinnamon Hotels extend support to flood-affected students in Peradeniya and Gampola

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Area General Manager of Cinnamon Lodge, Merfad Shariff, symbolically presented the donations to the Principal of Sri Bharathi Buddhist College, Ven. Ambaliyadde Sangharatana Thera. Other key officials present were Ibrahim Fowm (Resort Manager, Habarana Village), Charindu Ishara (HR Manager), and Ms. Savani de Alwis (HR Manager, Cinnamon Citadel).

Cinnamon Lodge Habarana and Habarana Village by Cinnamon distributed essential school supplies to students affected by the recent floods following Cyclone Ditwah. The distribution was focussed on schools in the Peradeniya and Gampola areas that suffered significant damage.

The project was a collective effort supported by the staff and welfare associations of several properties, including Trinco Blu by Cinnamon (represented by Lahiru Rathnayake), Cinnamon Citadel Kandy, and Kandy Mist (represented by HR Manager Chandran Solkar).

The primary recipient was Sri Bharathi Buddhist College in Peradeniya, where books and other educational equipment were handed over. Additionally, relief items were distributed on the same day to students at Peradeniya Junior School, Atabage Rajananda Vidyalaya, and Atabage Udugama Maha Vidyalaya.

By S.K. Samaranayake

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