Features
Colombo port city economic commission bill 2021
“Poorly drafted statutes are a burden on the entire State. Judges struggle to interpret and apply them. Attorneys find it difficult to base any sure advice upon them and the citizens desire to conform to them is confused. At times, totally unforeseen results are seen… On many occasions, defects lead to litigation.”
J. Menard, Legislative Counsel.USA
The Draft Bill, titled Colombo Port City Economic Commission Act 2021, is an important piece of legislation. It can be described as a game-changer for Sri Lanka. It is the biggest foreign investment received by Sri Lanka and it can lead to a success story as in many other countries. At this stage, review of the Draft Bill is of paramount importance, as it constitutes a marketing tool along with the Master-Plan prepared by the Chinese Harbour Company Ltd.
Unfortunately, this Draft Bill was not subject to pre-parliamentary review by our professional organisations and the epistemic community. In modern times, there is a constitutional practice in Commonwealth countries to consult the stakeholders, professional bodies and the epistemic community in regard to important legislation. The Advisory Council, appointed to draft the Securities Exchange Commission Bill 2019, under Dr. Kanag Iswaran, of which I was the Drafting Consultant, decided to involve the stakeholders and those interested in the subject matter by providing them with an exposure draft. It was a very useful exercise to clarify any ambiguities, inconsistencies and grey areas which can create problems in the implementation process.
Before I deal with the review of the draft Bill, I would like to provide a global perspective on legislation relating to port cities and special economic zones.
GLOBAL PERSPECTIVE
Legislation relating to port cities and special economic zones differ from one jurisdiction to another. There is no uniformity in such legislation, as “one size does not fit all”.
In Latin America and the Caribbean, special economic zones or offshore financial centres have grown piece-meal over a period of time to meet the needs and demands of the international business community. At the early stage, these countries enacted International Business Companies Act with no-tax or low-tax regime. Later on, they developed offshore banking, offshore trusts, offshore captive insurance and many other products and services to satisfy the needs and demands of high net-worth individuals and corporate clients.
Bahamas Offshore Banks and Trusts Act and the BVI Offshore Companies Act stand out as success stories. Likewise, Panama has registered several offshore shipping companies and provided them with the Panamanian flag to sail around the world. Antigua and Barbuda introduced internet gambling and it was challenged by the USA, but they won the case at the WTO.
In Europe, similar developments took place in Switzerland, Ireland, Jersey, Isle of Man and Cyprus. These countries and territories have made many innovations to attract foreign investments by registering international business companies and later on by introducing various products and services. Switzerland is known for bank secrecy.
In the Middle East, new legislation was enacted to start on a clean slate. Both in Qatar and Dubai, they were confined to one piece of legislation and managed by Qatar Financial Services Authority and Dubai Financial Services Authority respectively according to regulatory policy and the law. It is very different from the way the English-speaking Common Law countries operate Special Economic Zones.
In Labuan (Malaysia), Dr. Mahatir Mohammed established the Labuan Offshore Financial Authority and introduced lengthy legislation on offshore banking, offshore trusts, offshore insurance, offshore partnerships, etc., so that they are guided by law and not by policy. It has proved to be a roaring success with the participation of a very few but very rich clientele.
In Sri Lanka, the Draft Bill provides the legal and regulatory framework to attract investments to develop the infrastructure of the Port City and also provide offshore products and services to the international business community. This legal framework is one of its kind and conceptually sound, as its scope and content can be expanded by the Economic Commission by way of Regulations, Rules, Orders and By-Laws. Hence, Sri Lanka has adopted the legislative technique of shorter Parliamentary Act and longer Executive Regulations in drafting complex legislation, as advocated by Justice Crabbe at CALC meeting in Ocho Rios, Jamaica (1986).
On reading the draft Bill, I find that there are few gaps and problems relating to legislative drafting. Hence, I wish to say something about legislative drafting before I undertake a constructive review of the draft Bill for the sake of our children and grandchildren.
LEGISLATIVE DRAFTING
Legislative Drafting is a form of communication very different to any other form of writing. It has no excess words and no repetitions. It must have clarity and simplicity, so that it could be understood clearly by stakeholders, statute users and investors.
Lord Thring, former First Parliamentary Counsel of the UK, said about 150 years ago that legislation must be drafted in the same way as razors are made to sell. Hence, legislation should be marketable, effective and efficient to achieve the objectives enumerated therein. On this basis, I will now proceed to suggest a few changes to make the draft Bill more attractive to investors and reduce ambiguities, lacunae and grey areas in the capacity of a Legislative Draftsman with 40 years standing in many Commonwealth countries.
REVIEW OF THE DRAFT BILL
(a) Long Title
The long title is too long. It must be clear and concise to capture the broad scope and content of the draft Bill. I humbly suggest the following long title.
AN ACT
to make the Colombo Port City a Special Economic Zone; to establish and empower the Economic Commission to promote, manage, regulate and attract investments to the Colombo Port City by establishing a single window; to attract corporate clients and high net-worth individuals to establish offshore banks, offshore companies, residential condominium units, hospitals and any other product or service; to provide investors with incentives and tax exemptions; to establish International and National Dispute Resolution Centre within the Zone; and for matters connected therewith or incidental thereto.
(b) Preamble
The preamble to the Draft Bill is not attractive and should illustrate Sri Lanka’s competitiveness by reference to her strategic position in the Indian Ocean. I humbly submit the following opening lines to the preamble.
WHEREAS
, Sri Lanka enjoys an enviable strategic advantage in the Indian Ocean as a gateway to West Asia, East Africa, Indian Sub-Continent and East Asia where the Chinese Belt and Road Initiative will impact on the Special Economic Zone along with the participation of other trading powers in this region and beyond …
(c)
Part II of the Draft Bill
Part II of the Draft Bill deals with objectives, powers, duties and functions of the Commission. It is an important part and should include a clause to ensure that the prime duty of the Commission is to prevent money laundering and inflow of terrorist financing.
Clause 5(b) should be deleted and be substituted by the following sub-clause, in order to avoid inconsistency with the Board of Investment Act –
(b) attract foreign direct investments to develop the infrastructure of the Port City with multiplier effect on the rest of the country.
It is useful to add immediately after paragraph (2) of clause 6, the following new paragraph (3), in order to allow local legal and accountancy firms in Sri Lanka to play a dynamic role as AGENTS in promoting investments in the Colombo Port City as in other Port Cities. The Offshore Directory provides a List of all agents operating in various jurisdictions. The draft Bill does not appear to provide an opportunity to our lawyers and accountants to play a dynamic role in promoting investments as agents and this should be expressly stated in paragraph(3)
(3) In the exercise, performance and discharge of its powers and duties and functions under sub-section (1), the Commission shall approve agents who may represent offshore companies, offshore banks and other investors at the Commission by being resident in Sri Lanka.
(d) Part III of the Draft Bill
Part III deals with the composition, administration and management of the affairs of the Commission. The Commission has exclusive responsibility in granting registration to offshore banks and companies. A question may arise whether the Commission could register an offshore bank, if the Monetary Board refuses to give a license or classifies the licence into class A, Class B and Class C Banks and impose certain conditions to protect investors as in other offshore financial centres.
The Commission needs to maintain a check-list of all black-listed investors with the assistance of other Special Economic Zones. Otherwise, criticisms will be mounted against the Commission.
The Commission needs to protect the reputation of the Colombo Port City. If something goes wrong, the Colombo Port City will not be a blessing but a curse. Hence, every endeavour should be made to prevent drug money or terrorist funds coming into the Colombo Port City in a devious manner. Such devious methods include numbered accounts and bearer shares. In this day and age, we cannot adopt the policy “Let the robber barons come”, as the international community will be watching us at every step as to how we handle our offshore business.
Lack of proper scrutiny of the investors may lead to a disaster. In Antigua and Barbuda, Robert Allen Stanford obtained a license to operate an offshore investment bank. He built several offices, condominiums and sponsored 20/20 Cricket Tournaments. Later on, he was convicted of a Ponzi scheme and was sentenced to imprisonment by an US Court for a period of 120 years. In 2015 when I visited Antigua, I was shocked to see that a part of the Financial Centre was like a Ghost City.
(e) Part V of the Draft Bill
Part V deals with the Director-General and the Staff of the Commission. There should be a provision in this Part to say that the Director-General and the Staff of the Commission shall be deemed to be public servants under the Bribery Act and the Penal Code.
(f) Part VII of the Draft Bill
Part VII deals with the registration of offshore companies. It is not something new to Sri Lanka. Offshore companies were introduced under the 1982 Companies Act, so that youth in Sri Lanka could be employed as seafarers in these offshore shipping companies. It was a dream of late Lalith Athulathmudali to register offshore shipping companies as in Panama and provide opportunities for our youth to be seafarers, marine engineers and pilots.
Offshore company registration under the Companies Act 1982 and the Companies Act 2007 failed for several reasons. The tax regime was not clearly laid down. The provisions relating to offshore companies were inadequate to deal with issues relating to offshore shipping. A provision should be included in this Part of the Draft Bill to make Regulations relating to offshore companies, especially offshore shipping companies, offshore trusts companies, offshore insurance companies, etc., if we were to develop this concept to its logical ends as a competitive destination in the offshore world.
The Economic Commission provides offshore companies with tax exemptions and fiscal incentives, case by case, and thereafter such exemptions and incentives will be submitted for Cabinet approval. Once approved, President will make an Order and it will be gazetted and be laid before Parliament. Hence, it is likely that mere brass plate offshore companies will not be able to operate in the Colombo Port City.
(g) Part VIII of the Draft Bill
Part VIII deals with offshore banking. The definition of “banking business” in the Draft Bill is too narrow, if we were to attract reputed banks to operate in the Colombo Port City. The definition should include Investment Banking and Islamic Banking. Regulations made under this Part are of paramount importance to avoid crisis situations. Regulations made under Clause 45 must deal with confidential relationships and bank secrecy. It is the hen that lays the golden egg, as secrecy is fundamental to attract offshore banking business.
On many occasions, law enforcement agencies of other countries may require documentation relating to bank accounts. Sometimes they will subpoena such bank officials when they enter their country. (See: USA vs Bank of Nova Scotia (1982). Hence, there should be a mechanism either in the Draft Bill or in the Regulations to deal with such requests by the Commission if there is a prima facie evidence against a particular bank or a personal account.
Constitutionality of the Draft Bill
The purpose of this article is not to deal with the constitutionality of the Draft Bill, as this matter is before the Supreme Court of Sri Lanka. The issues are likely to be very controversial but some claims relating to unconstitutionality are not justifiable and spurious. It is a different ball game as we are dealing with foreigners in regard to their offshore operations and therefore discrimination with nationals may not arise on reasonable differetia.
However, the failure on the part of government to provide the professional bodies an opportunity to review an important Draft Bill of this magnitude can be construed as a violation of the principles of participatory democratic process and the sovereignty of the people as enshrined in our Constitution. South African Constitutional Court in Doctors for Life vs Speaker (2006) invalidated an Act of Parliament as it failed to consult the professional bodies and the Court thereafter recommended to the Legislature to re-enact the same Act after consulting the relevant professional Bodies.
Concluding Remarks
Managing the Colombo Port City by the Economic Commission is an onerous task. The Draft Bill is only “the tip of the iceberg” and many regulations, rules, by-laws, etc,. need to be made to deal with offshore products and services, condominiums, time shares, stock-exchange and hospitals within its area of governance.
It is wrong, unfair and unpatriotic to say that this Draft Bill will convert the Port city into a Chinese colony.ri Lanka will welcome all countries from the East and West to establish international business companies, international banks, hospitals, condominiums, etc., in a strategic location, notwithstanding Rudyard Kipling’s saying “East is East, and West is West, and never the twain shall meet”.
Offshore business is competitive. The developed countries such as the UK and the USA have a “row” with the developing countries for initiating offshore financial centres, as they reduce their tax revenue from high net worth individuals and corporate entities. However, there is duplicity in this matter more severe than the “Geneva process”, as they encourage territories under their control to transfer money to the UK or the USA banks and stock exchanges and impose restrictions on those countries which do not transmit their deposits or invest in stock exchanges in the UK and the USA. Hence, we must be prepared to meet this challenge.
(The writer is a law graduate of the University of Ceylon and holds postgraduate qualifications from the University of Cambridge, UK. He served as UN Legal Expert, Legal Consultant and Legal Draftsman to many Asian, African and Caribbean Countries. He has drafted legislation relating to offshore products and services and handled legal issues on these matters in the Caribbean. Email: mendis_law@yahoo.com).
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
Features
Reservoir operation and flooding
Former Director General of Irrigation, G.T. Dharmasena, in an article, titled “Revival of Innovative systems for reservoir operation and flood forecasting” in The Island of 17 December, 2025, starts out by stating:
“Most reservoirs in Sri Lanka are agriculture and hydropower dominated. Reservoir operators are often unwilling to acknowledge the flood detention capability of major reservoirs during the onset of monsoons. Deviating from the traditional priority for food production and hydropower development, it is time to reorient the operational approach of major reservoirs operators under extreme events, where flood control becomes a vital function. While admitting that total elimination of flood impacts is not technically feasible, the impacts can be reduced by efficient operation of reservoirs and effective early warning systems”.
Addressing the question often raised by the public as to “Why is flooding more prominent downstream of reservoirs compared to the period before they were built,” Mr. Dharmasena cites the following instances: “For instance, why do (sic) Magama in Tissamaharama face floods threats after the construction of the massive Kirindi Oya reservoir? Similarly, why does Ambalantota flood after the construction of Udawalawe Reservoir? Furthermore, why is Molkawa, in the Kalutara District area, getting flooded so often after the construction of Kukule reservoir”?
“These situations exist in several other river basins, too. Engineers must, therefore, be mindful of the need to strictly control the operation of the reservoir gates by their field staff. (Since) “The actual field situation can sometimes deviate significantly from the theoretical technology… it is necessary to examine whether gate operators are strictly adhering to the operational guidelines, as gate operation currently relies too much on the discretion of the operator at the site”.
COMMENT
For Mr. Dharmasena to bring to the attention of the public that “gate operation currently relies too much on the discretion of the operator at the site”, is being disingenuous, after accepting flooding as a way of life for ALL major reservoirs for decades and not doing much about it. As far as the public is concerned, their expectation is that the Institution responsible for Reservoir Management should, not only develop the necessary guidelines to address flooding but also ensure that they are strictly administered by those responsible, without leaving it to the arbitrary discretion of field staff. This exercise should be reviewed annually after each monsoon, if lives are to be saved and livelihoods are to be sustained.
IMPACT of GATE OPERATION on FLOODING
According to Mr. Dhamasena, “Major reservoir spillways are designed for very high return periods… If the spillway gates are opened fully when reservoir is at full capacity, this can produce an artificial flood of a very large magnitude… Therefore, reservoir operators must be mindful in this regard to avoid any artificial flood creation” (Ibid). Continuing, he states: “In reality reservoir spillways are often designed for the sole safety of the reservoir structure, often compromising the safety of the downstream population. This design concept was promoted by foreign agencies in recent times to safeguard their investment for dams. Consequently, the discharge capacities of these spill gates significantly exceed the natural carrying capacity of river(s) downstream” (Ibid).
COMMENT
The design concept where priority is given to the “sole safety of the structure” that causes the discharge capacity of spill gates to “significantly exceed” the carrying capacity of the river is not limited to foreign agencies. Such concepts are also adopted by local designers as well, judging from the fact that flooding is accepted as an inevitable feature of reservoirs. Since design concepts in their current form lack concern for serious destructive consequences downstream and, therefore, unacceptable, it is imperative that the Government mandates that current design criteria are revisited as a critical part of the restoration programme.
CONNECTIVITY BETWEEN GATE OPENINGS and SAFETY MEASURES
It is only after the devastation of historic proportions left behind by Cyclone Ditwah that the Public is aware that major reservoirs are designed with spill gate openings to protect the safety of the structure without factoring in the consequences downstream, such as the safety of the population is an unacceptable proposition. The Institution or Institutions associated with the design have a responsibility not only to inform but also work together with Institutions such as Disaster Management and any others responsible for the consequences downstream, so that they could prepare for what is to follow.
Without working in isolation and without limiting it only to, informing related Institutions, the need is for Institutions that design reservoirs to work as a team with Forecasting and Disaster Management and develop operational frameworks that should be institutionalised and approved by the Cabinet of Ministers. The need is to recognize that without connectivity between spill gate openings and safety measures downstream, catastrophes downstream are bound to recur.
Therefore, the mandate for dam designers and those responsible for disaster management and forecasting should be for them to jointly establish guidelines relating to what safety measures are to be adopted for varying degrees of spill gate openings. For instance, the carrying capacity of the river should relate with a specific openinig of the spill gate. Another specific opening is required when the population should be compelled to move to high ground. The process should continue until the spill gate opening is such that it warrants the population to be evacuated. This relationship could also be established by relating the spill gate openings to the width of the river downstream.
The measures recommended above should be backed up by the judicious use of the land within the flood plain of reservoirs for “DRY DAMS” with sufficient capacity to intercept part of the spill gate discharge from which excess water could be released within the carrying capacity of the river. By relating the capacity of the DRY DAM to the spill gate opening, a degree of safety could be established. However, since the practice of demarcating flood plains is not taken seriously by the Institution concerned, the Government should introduce a Bill that such demarcations are made mandatory as part of State Land in the design and operation of reservoirs. Adopting such a practice would not only contribute significantly to control flooding, but also save lives by not permitting settlement but permitting agricultural activities only within these zones. Furthermore, the creation of an intermediate zone to contain excess flood waters would not tax the safety measures to the extent it would in the absence of such a safety net.
CONCLUSION
Perhaps, the towns of Kotmale and Gampola suffered severe flooding and loss of life because the opening of spill gates to release the unprecedented volumes of water from Cyclone Ditwah, was warranted by the need to ensure the safety of Kotmale and Upper Kotmale Dams.
This and other similar disasters bring into focus the connectivity that exists between forecasting, operation of spill gates, flooding and disaster management. Therefore, it is imperative that the government introduce the much-needed legislative and executive measures to ensure that the agencies associated with these disciplines develop a common operational framework to mitigate flooding and its destructive consequences. A critical feature of such a framework should be the demarcation of the flood plain, and decree that land within the flood plain is a zone set aside for DRY DAMS, planted with trees and free of human settlements, other than for agricultural purposes. In addition, the mandate of such a framework should establish for each river basin the relationship between the degree to which spill gates are opened with levels of flooding and appropriate safety measures.
The government should insist that associated Agencies identify and conduct a pilot project to ascertain the efficacy of the recommendations cited above and if need be, modify it accordingly, so that downstream physical features that are unique to each river basin are taken into account and made an integral feature of reservoir design. Even if such restrictions downstream limit the capacities to store spill gate discharges, it has to be appreciated that providing such facilities within the flood plain to any degree would mitigate the destructive consequences of the flooding.
By Neville Ladduwahetty
Features
Listening to the Language of Shells
The ocean rarely raises its voice. Instead, it leaves behind signs — subtle, intricate and enduring — for those willing to observe closely. Along Sri Lanka’s shores, these signs often appear in the form of seashells: spiralled, ridged, polished by waves, carrying within them the quiet history of marine life. For Marine Naturalist Dr. Malik Fernando, these shells are not souvenirs of the sea but storytellers, bearing witness to ecological change, resilience and loss.
“Seashells are among the most eloquent narrators of the ocean’s condition,” Dr. Fernando told The Island. “They are biological archives. If you know how to read them, they reveal the story of our seas, past and present.”
A long-standing marine conservationist and a member of the Marine Subcommittee of the Wildlife & Nature Protection Society (WNPS), Dr. Fernando has dedicated much of his life to understanding and protecting Sri Lanka’s marine ecosystems. While charismatic megafauna often dominate conservation discourse, he has consistently drawn attention to less celebrated but equally vital marine organisms — particularly molluscs, whose shells are integral to coastal and reef ecosystems.
“Shells are often admired for their beauty, but rarely for their function,” he said. “They are homes, shields and structural components of marine habitats. When shell-bearing organisms decline, it destabilises entire food webs.”
Sri Lanka’s geographical identity as an island nation, Dr. Fernando says, is paradoxically underrepresented in national conservation priorities. “We speak passionately about forests and wildlife on land, but our relationship with the ocean remains largely extractive,” he noted. “We fish, mine sand, build along the coast and pollute, yet fail to pause and ask how much the sea can endure.”
Through his work with the WNPS Marine Subcommittee, Dr. Fernando has been at the forefront of advocating for science-led marine policy and integrated coastal management. He stressed that fragmented governance and weak enforcement continue to undermine marine protection efforts. “The ocean does not recognise administrative boundaries,” he said. “But unfortunately, our policies often do.”
He believes that one of the greatest challenges facing marine conservation in Sri Lanka is invisibility. “What happens underwater is out of sight, and therefore out of mind,” he said. “Coral bleaching, mollusc depletion, habitat destruction — these crises unfold silently. By the time the impacts reach the shore, it is often too late.”
Seashells, in this context, become messengers. Changes in shell thickness, size and abundance, Dr. Fernando explained, can signal shifts in ocean chemistry, rising temperatures and increasing acidity — all linked to climate change. “Ocean acidification weakens shells,” he said. “It is a chemical reality with biological consequences. When shells grow thinner, organisms become more vulnerable, and ecosystems less stable.”
Climate change, he warned, is no longer a distant threat but an active force reshaping Sri Lanka’s marine environment. “We are already witnessing altered breeding cycles, migration patterns and species distribution,” he said. “Marine life is responding rapidly. The question is whether humans will respond wisely.”
Despite the gravity of these challenges, Dr. Fernando remains an advocate of hope rooted in knowledge. He believes public awareness and education are essential to reversing marine degradation. “You cannot expect people to protect what they do not understand,” he said. “Marine literacy must begin early — in schools, communities and through public storytelling.”
It is this belief that has driven his involvement in initiatives that use visual narratives to communicate marine science to broader audiences. According to Dr. Fernando, imagery, art and heritage-based storytelling can evoke emotional connections that data alone cannot. “A well-composed image of a shell can inspire curiosity,” he said. “Curiosity leads to respect, and respect to protection.”
Shells, he added, also hold cultural and historical significance in Sri Lanka, having been used for ornamentation, ritual objects and trade for centuries. “They connect nature and culture,” he said. “By celebrating shells, we are also honouring coastal communities whose lives have long been intertwined with the sea.”
However, Dr. Fernando cautioned against romanticising the ocean without acknowledging responsibility. “Celebration must go hand in hand with conservation,” he said. “Otherwise, we risk turning heritage into exploitation.”
He was particularly critical of unregulated shell collection and commercialisation. “What seems harmless — picking up shells — can have cumulative impacts,” he said. “When multiplied across thousands of visitors, it becomes extraction.”
As Sri Lanka continues to promote coastal tourism, Dr. Fernando emphasised the need for sustainability frameworks that prioritise ecosystem health. “Tourism must not come at the cost of the very environments it depends on,” he said. “Marine conservation is not anti-development; it is pro-future.”

Dr. Malik Fernando
Reflecting on his decades-long engagement with the sea, Dr. Fernando described marine conservation as both a scientific pursuit and a moral obligation. “The ocean has given us food, livelihoods, climate regulation and beauty,” he said. “Protecting it is not an act of charity; it is an act of responsibility.”
He called for stronger collaboration between scientists, policymakers, civil society and the private sector. “No single entity can safeguard the ocean alone,” he said. “Conservation requires collective stewardship.”
Yet, amid concern, Dr. Fernando expressed cautious optimism. “Sri Lanka still has immense marine wealth,” he said. “Our reefs, seagrass beds and coastal waters are resilient, if given a chance.”
Standing at the edge of the sea, shells scattered along the sand, one is reminded that the ocean does not shout its warnings. It leaves behind clues — delicate, enduring, easily overlooked. For Dr. Malik Fernando, those clues demand attention.
“The sea is constantly communicating,” he said. “In shells, in currents, in changing patterns of life. The real question is whether we, as a society, are finally prepared to listen — and to act before silence replaces the story.”
By Ifham Nizam
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