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Bhandari’s 13A to Shringla’s 13A

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President Rajapaksa and Indian Foreign Secretary

by Austin Fernando
(Former High Commissioner of
Sri Lanka to India

Continued from yesterday

India’s security first

Lok Sabha Member Brajamohan Mohanty wished that the Sri Lankan Government would not stand any negotiations with foreign countries to invite foreign forces. Member Mohanarangam (Lok Sabha 27-2-1986) criticized Sri Lanka for inviting Americans, training, and President Zia’s visit.

Sri Lankans’ fear of Indians is deep-seated. When the British Cabinet delegation met PM DS Senanayaka, he had conveyed that he regarded the Indian problem as a danger, and therefore signed a military pact with the British in 1948.

The literature further reveals that India’s neighbours “should not seek to invite outside power(s). If anyone of them needed any assistance it should look to India. India’s attitude and relationship with her immediate neighbours depended on their appreciation of India’s regional security concerns; they would serve as buffer states in the event of an extra-regional threat and not proxies of the outside powers…” After 73 years, Indians’ position remains unchanged. This attitude is reflected in the Letters Exchanged in 1987.

Additional benefits to India

While the implementation of the Agreement is further clarified in the only Annexure in the Agreement, the ‘Exchange of Letters’ (not an Annexure) is concerned with security and economic benefits for India. In PM Rajiv Gandhi’s exchanged letter, reference is made to “the agreement reached.” President Jayewardene’s response mentions “the understanding reached.” The wording confuses the legal status, thus requiring interpretation.

However, the contents of the exchanged letters like broadcasting stations, ports, or airports reflect India’s security concerns. The Oil Tanks being serviced by Trincomalee Port will be of much anxiety for India. One may argue that the contents of Letters Exchanged demonstrate that India’s security interests took precedence over Lanka’s political and security issues in the Agreement. PM Gandhi has fished in troubled waters after the Bangalore meeting.

Flashback to 1986 from 2021

Focusing on the past, I refer to Bharatiya Janata Party (BJP) stalwart Jaswant Singh (Lok Sabha 13-5-1986). He posed seven questions based on Sri Lankan responses. They are relevant even today.

* What is the Indian stand in the debate on devolution and delegation?

* Where do India and Sri Lanka stand on the amalgamation of the North and Eastern Provinces?

* What is the stand on land use by the Indian Government, GOSL, and the Tamil groups?

* What is the status of the language?

* What is the stand on Law and Order?

* What is the time frame for reaching a solution?

* What is the Indian government’s stand on foreign threats emerging in the context of the Sri Lankan issues?

 Had he lived today, as a former Jawan (Soldier), he would have either joined P Kulandaivelu and V Gopalaswamy in demanding military action or questioned PM Modi and Minister Jaishankar about Indian inefficiency or ineffectiveness.

After 35 years the status in response to Singh is:

* Devolution is ‘paralysed’ by the partial implementation of 13A and delayed elections.

* The amalgamation of Provinces shelved, judicially disfavouring India.

* Land power-sharing, by Sri Lanka’s rejection, is in India’s disfavor.

* The language issue is constitutionally solved but partially failed in implementation.

* Sri Lanka has disfavoured Indians by rejecting the Law and Order issue.

* The time frame for a solution is abstract, even after crushing Tigers 12 years ago.

* Foreign threats have heavily increased in India’s disfavor.

* The background scenarios or environments have changed.

* No military operations in the north and east.

* Ceasing violence and power-sharing, as a remedy, was the then demand. Now the focus is on human rights and humanitarian violations, returning refugees, and participatory development with dignity, equality, and self-respect. One may question whether failed 13A is the best tool for the purpose.

* Interventions were limited to India then, whereas now GOSL is cornered internationally.

* Tamil demands circulated mostly between the TULF and India then, whereas now the Diaspora’s enhanced lobbying has created negative consequences. Nevertheless, the President wishes to discuss with the Diaspora, though some are listed. The need is a mechanism.

* Other than to gain politically in Tamil Nadu because BJP is weak there, the Modi government has much bigger stakes to focus on, for example, ‘Chinese expansionism’, international capital movements, and Indo-Pacific and Indian Ocean Alliance’s interests than to toil for Lankan devolution.

* BJP has alternatives to win the GOSL, e.g. Kushinagar aviation, 15-million-dollar grant for Buddhist affairs, financial swap deals.

Fresh thinking

 Based on Jaswant Singh’s queries, and the current situation, instead of pursuing the 35-year-old demand, will not a new power-sharing approach pay richer dividends? For India, in the present geopolitical context, the Exchanged Letter has more to gain than from 13A or the Agreement.

 President Jayewardene strategised by vacillating until 13A finally happened. President Gotabaya Rajapaksa, a military strategist, must be emulating political veteran President Jayewardene on a different learning curve, i.e., what Sun Tzu said, “In war, practice dissimulation, and you will succeed.”

 I believe the President’s terminology: “must look at” plusses and minuses of 13A is an excuse for procrastination. If Secretary Shringla has gauged this behaviour correctly, he may have the last laugh as his goal must be to gain from Trincomalee Oil Tanks, ports, and aviation, etc, (contents of Exchanged Letters) while pleasing Tamil Nadu and our Tamil groups with 13A.

 Sri Lanka won the conflict in 2009, but still, devolutionary goals set in 1987 are yet to be achieved. Prabhakaran was unhappy and felt he was tricked and revenged. Successive governments have not pursued devolution and debilitated the PCs. The incumbent government must be thinking about new strategies. Therefore, Secretary Shringla’s ‘full implementation of 13A’ demand is likely to be listed for operations.

 Since the war and 13A have not resolved the reconciliation issues, what remains from Secretary Shringla’s demand is what Rajiv Gandhi said in Lok Sabha (4-3-1987.) “We know that no ethnic problem such as this has a military solution.” War victory and peace efforts have not relieved the affected. The tool (13A) has failed to succeed with and without war. To consider it as an all-season remedy may not stand the test.

 Therefore, PM Modi, Minister Jaishankar, and Secretary Shringla can repeat PM Gandhi’s quote to President Gotabaya Rajapaksa, 35- years later! What was considered appropriate during the war must be adjusted to suit the emerged environments.

Mahinda Rajapaksa and Maithripala Sirisena-Ranil Wickremesinghe governments and the incumbent administration have wasted 12 years from 2009. From Bhandari to Shringla, and Rajiv Gandhi to Narendra Modi, India also has failed in moving the politico-development process to success. Best wishes Secretary Shringla’s turn!

(Concluded)



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Special Dengue Prevention Week declared in Colombo District from June 15 to 21

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A decision has been taken to declare a Special Dengue Prevention Week from 15 to 21 of June by the Colombo District Dengue Control Committee to curb the spread of the disease in the Colombo District.

This decision was taken at the meeting of the Colombo District Dengue Control Committee held on Friday  (12) at the Colombo District Secretariat under the patronage of Prime Minister Dr. Harini Amarasuriya.

Compared to last year, the number of dengue cases reported this year has increased significantly. According to the National Dengue Control Unit, approximately 39,100 dengue cases have been reported island wide to date, of which 25.8% have been recorded in the Colombo District. Following this situation, the Colombo District has been identified as a high-risk district.

Health authorities informed that the increasing spread of the disease has been influenced not only by the nature of circulating virus but also to the lack of sufficient immunity among the population. They further noted that the recent period of heavy rainfall has aggravated the spread of Dengue.

It was also identified that the current outbreak is being reported more frequently from public places such as government institutions, private establishments, schools, and religious venues rather than from residential premises. Observations have identified improperly managed solid waste and drainage systems in offices and other public locations as major breeding grounds for mosquitoes.

Accordingly, during the Dengue Prevention Week from 15 to 21 June, a series of measures will be implemented, including, organising community clean-up campaigns in government and private institutions, schools, residential areas, and other public spaces; Conducting inspections of high-risk premises by Divisional Secretariats and taking legal action, where necessary, followed by awareness programmes; Distributing informational leaflets, displaying banners, and carrying out public awareness campaigns through the media. Health authorities also requested school administrations not to involve students below Grade 10 in school cleaning programmes and to immediately notify the relevant Medical Officer of Health (MOH) office if a student is diagnosed with dengue.

The programme is expected to receive the active support and participation of the district’s political leadership, religious leaders of all faiths, public officials, local government institutions, the tri-forces, the police, and the general public.

The event was attended by the Chairperson of the District Coordination Committee, Members of Parliament, representatives of local government authorities, government secretaries, police officers, and officials representing the education and health sectors, among others.

[Prime Minister’s Media Division]

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The leader of the indigenous Vedda community Uru Warige Wannila Aththo Meets Prime Minister Dr. Harini Amarasuriya

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A meeting between the Leader of the indigenous Vedda community, Uru Warige Wannila Aththo and Prime Minister Dr. Harini Amarasuriya was held on Friday  (12) at Parliament.

During the meeting, discussions focused on the challenges faced by the indigenous community and the Leader of the community, Uru Warige Wannila Aththo drew the Prime Minister’s attention to the difficulties encountered by indigenous people in accessing and using their traditional ancestral lands.

The Prime Minister emphasized that the indigenous community has the right to enjoy and use its traditional lands without obstruction and stated that the necessary legal measures to safeguard these rights would be expedited.

The Indigenous Leader also raised concerns over the lack of relief assistance provided so far to the residents of Hennanigala who were affected by the recent Cyclone Ditwah. The Prime Minister immediately instructed the relevant officials to ensure that these families receive proper relief assistance without delay.

The discussion also focused on the shortcomings and needs of the Dambana School, and the Prime Minister emphasized that the matter would be looked into and that the necessary measures would be taken.

[Prime Minister’s Media Division]

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Commonwealth lawyers urge Lanka to uphold rule of law

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CLA backs concerns raised by BASL over move to increase retirement age of senior judges

The Commonwealth Lawyers Association (CLA) on Thursday noted concerns raised by the Bar Association of Sri Lanka (BASL) over a reported move to amend the Constitution to increase the retirement age of judges of the Court of Appeal and the Supreme Court.

In a statement, the CLA said the BASL, in a letter dated May 25, 2026, addressed to the President, had expressed grave concern that the Government was considering a constitutional amendment to extend the retirement age of senior judges, currently fixed under Article 107(5) of the Constitution.

Full text of CLA statement: The Commonwealth Lawyers Association (CLA) notes the letter of the Bar Association of Sri Lanka (BASL) issued on 25th May 2026 to His Excellency the President of Sri Lanka. The BASL has expressed grave concern that the Government of Sri Lanka is considering the introduction of an amendment to the Constitution to increase the retirement age of the Judges of the Court of Appeal and the Supreme Court.

The retirement age of senior judges is presently fixed by Article 107(5) of the Constitution. Any amendment would require a Constitutional Amendment. Constitutional amendments should not be made in a piecemeal or ad hoc manner as this could reduce the sanctity of the Constitution. Further, constitutional reform must be foreshadowed by adequate public and stakeholder consultation, as a requirement of due process in a democracy.

The Constitution of Sri Lanka recognizes the Independence of the Judiciary and its importance in preserving and maintaining the rule of law.

The Commonwealth (Latimer House) Principles on the three Branches of Government state in Principle IV that:

“An independent, impartial, honest and competent judiciary is integral to upholding the rule of law, engendering public confidence and dispensing justice.”

The CLA’s Goa Declaration 2023 states that:

“The independence and impartiality of the judiciary must be upheld and protected by governments, including under domestic laws, regulations and policies “

The CLA considers that any steps to diminish public confidence in the judiciary is antithetical to the rule of law and must be avoided.

The letter from BASL to the President of Sri Lanka states:

“Extending the retirement age of the sitting Judges of these Courts at this point of time is likely to be viewed by the public as a blatant attempt to interfere with the judiciary.”

The BASL letter goes on to state:

“The independence of the Judiciary and the public confidence reposed in it, are indispensable pillars of the rule of law and the democratic framework of (Sri Lanka). In that regard it is of paramount importance that the Judiciary must not only remain independent in fact but also must be seen by the public to be wholly independent, impartial, and free from even the slightest perception of influence, favour, accommodation, or impropriety.”

The CLA supports the reasoned and principled position adopted by BASL and calls upon the authorities in Sri Lanka:

To refrain from proceeding with the proposed constitutional amendments seeking to increase the retirement age of members of the Judiciary;

To resist piecemeal and ad hoc amendments to the Constitution of Sri Lanka.

To adhere to due process of consultation and stakeholder engagement in constitutional reform;

To desist from taking any steps which would undermine confidence in the Judiciary and irreparably diminish the independence of the judiciary; and

To ensure adherence to the rule of law and respect for the independence of the judiciary.

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