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DISABILITY RIGHTS : THE SRI LANKA CONTEXT

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The world as we know it, has been on a pathway towards development, to make the lives of the people who live in it easier, efficient and convenient. It is most important that all persons, conventionally abled and differently abled, are protected by the full coverage offered by human rights, as human rights are not rights that are assigned to you based on your physical or mental capabilities, but it is a birthright of every individual which arises from the mere fact of being born as a human being.

The levels of ‘ability’ of a person varies drastically not only within a state but internationally amongst all members of the human race. The United Nations Convention on the Rights of Persons with Disabilities of 2006 is currently one of the foremost international instruments that serves today’s topic.

Article 4, places an obligation on state parties ‘to ensure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities without discrimination of any kind on the basis of disability.’

Further, the rest of the other Articles go on to provide for the freedom of expression, personal mobility, privacy and work and employment and the right to education.

Sri Lankan context

Shifting this conversation to the Sri Lankan Perspective, the Department of Census and Statistics in 2012, reported that an estimated 8.6% of the people of Sri Lanka have some form of disability. This equates to one in 12 people, and the World Percentage is well above that.

In consideration of the entire World’s population; Buddhists count seven to eight percent, Hindu’s count – 15 %, Muslims count 23 %, Christians count 31%, and Europeans nine percent and North Americans five percent, the number of disabled persons, 8.6% in Sri Lanka and 13 – 14% around the world, is a significant population on any standard and the rights and interests and well being of this population is equally or more important to any other population living on earth.

The majority of those who are conventionally abled may think they are not disabled at the moment, but who knows whether one of us crossing the road this evening will be knocked down by a car, or fall down a flight of steps, or something fall on our head, and immediately we become transferred to that disabled population.

That is why this discussion is imperative, and it is our bounden duty to ensure that the legal framework and its enforcement will be at optimal level, within our respective jurisdictions. Sri Lanka ratified the International Convention on the Rights of Persons with Disabilities in 2016, as such, is subject to all the state obligations that are provided for under the Convention.

Article 12 (1) of the Constitution of Sri Lanka entitles every person to the Equality and the Equal Protection of the Law, however, it must be observed that Article 12(2) which is the non-discrimination clause, does not expressly prohibit discrimination based on disability.

Rajeev Amarasuriya presenting a paper at the 36th Law Asia conference in Bengaluru, India

Article 12 (4) sets out that “Nothing in this Article shall prevent special provision being made, by law, subordinate legislation or executive action, for the advancement of women, children or disabled persons”.

Legislation that addresses the matter of discussion today is “The Protection of the Rights of Persons with Disabilities Acts of 1996”. This being an Act passed nearly three decades ago, there is much room for improvement and in this respect for fresh legislation.

One shortfall is the definition of disability in the Act which followed the old school of thought, better known as the ‘medical model’ where disability was approached only in a medical standpoint, however this has grown to cause marginalization and isolation of those suffering from disabilities.

The new school of thought, that is the ‘Social Model of Disability’ stems from the belief that the difficulty faced by persons with disabilities could be mitigated by taking societal measures and implementing structural mechanisms to ensure that such persons are able to function on an equal platform with those who are conventionally abled.

It is important that the image that has been created surrounding a person who is ‘Disabled’ must be re-painted as today there are more and more differently abled people serving society as prominent contributors and reaching every societal, academic and career milestone that a conventionally abled person would be able to reach.

A few of the recent emergence in terms of the law and national policy would be the National Policy on Disability which was formulated by the Ministry of Social Welfare in 2003. The other significant Regulation is the Disabled Persons (Accessibility) Regulations of 2006.

When speaking of the accessibility rights, we have a more recent and progressive judgment of the Supreme Court of Sri Lanka, in the case Dr. Ajith Perera vs Minister of Social Services.

This matter was brought to the attention of the Supreme Court by one Dr. Ajith Perera who, apart from being disabled as a result of an accident, was an advocate and an activist for the mitigation of difficulties faced by those physically disabled in day-to-day life.

In 2009 an order was obtained from the Supreme Court by a matter brought forward by Dr. Ajith Perera, in the public interest, directing that Parts of NEW public buildings or public spaces, especially toilet facilities shall be designed and constructed in accordance with the `design requirements specified in the regulations in force, and further consequences set out for non-compliance with the said order.

Despite this order been given and despite the fact that the Regulations declared that all existing public buildings, and public places, must be brought into conformity with the provisions of the Regulations, within a period of 11 years from when the Regulations becoming operative, this was not so done.

As such, in 2018, this matter was once again brought to the attention of the Supreme Court and His Lordship Justice Prasanna Jayawardena, taking due consideration of international standards and international jurisprudence, pertaining to the rights of disabled held as follows, “…the failure on the part of the State and its agencies to satisfactorily implement, comply with and enforce the provisions of the Act and the Regulations has denied and continues to deny the petitioner and others who are similarly circumstanced, of the opportunity of equality and the protection assured to them by the provisions of the Act and the Regulations and, thereby, has violated the fundamental rights guaranteed by Article 12 (1) of the Constitution…”

Disability is an inevitable fact of life for nearly everyone; almost everyone will be partially or permanently disabled at some stage of their lives and it is of vital importance that the world takes positive and affirmative action in the implementation of these rights.

In conclusion, as declared by Hellen Keller, famed author, traveler and social and political activist, who was left both blind and deaf at infancy ; “I am only one; but still, I am one. I cannot do everything but I can still do something; I will not refuse to do something I can do.”



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From stabilisation to transformation without delay

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At a symposium on reconciliation organised by the National Peace Council last week, more than 250 religious clergy, civic activists and political representatives from different communities gathered to discuss the country’s future. Speaking at the event, Minister Bimal Rathnayake explained the government’s approach to national reconciliation. He said the government viewed the country’s recovery in terms of a three stage process. The first stage was stabilisation, the second was development and the third was transformation. Reconciliation, he implied, would come in that final stage. The participation of Opposition Leader Sajith Premadasa at the same symposium, and the constructive nature of his comments, strengthens that hope.

When the present NPP government took office in 2024, the country was emerging from one of the gravest crises in its post Independence history. The economic collapse of 2022 had led to shortages of fuel, food, medicines and electricity. Inflation soared, foreign reserves disappeared and long queues became part of daily life. The political upheaval that followed culminated in the resignation of former President Gotabaya Rajapaksa after mass public protests under the banner of the Aragalaya movement. The country was then governed by a leadership that spoke the language of reform and reconciliation but was widely perceived as lacking a direct popular mandate.

Sri Lanka’s past experience suggests that stabilisation and transformation cannot be treated as entirely separate stages. Postponing reconciliation until some future moment risks repeating the failures of the past. If transformation is endlessly delayed until a supposedly perfect moment arrives, there will always be new crises and new reasons for postponement. Minister Rathnayake’s contention that the government’s immediate priority has necessarily been stabilisation flows from the government’s awareness of the precarious situation the country is. Over the past two years, the government has succeeded to a significant extent in restoring economic and political stability. Inflation has reduced, shortages have ended and public institutions have regained a degree of functionality.

Guaranteed Changes

On the other hand, the country’s development continues to face challenges due to adverse global conditions, including disruptions caused by conflict in the Middle East and extreme weather events that have affected tourism, trade and the cost of living. The danger is that reconciliation may be indefinitely postponed in the name of stabilisation. This danger can be reduced if the government works proactively with the opposition and civil society to commence practical measures of transformation now rather than later. The participation of Opposition Leader Sajith Premadasa at the symposium, and the constructive nature of his comments, has strengthened the sense that bipartisan engagement on reconciliation may now be possible.

The urgency of transformation came through strongly in the presentations made by representatives of the Sri Lanka Tamil and Malaiyaha Tamil communities. ITAK parliamentarian S.Shritharan spoke of the frustration caused by unresolved post war issues in the north and east. He referred to disputes regarding land occupied during the war years, including controversies linked to Buddhist temples and state sponsored settlement activity in areas claimed by local communities. He also pointed to the continuing large scale presence of the security forces in the north and east nearly two decades after the end of the war. These grievances have remained central to Tamil political discourse since the end of the armed conflict in 2009. Families displaced by war continue to seek the return of ancestral lands. Civil society organisations in the north have repeatedly called for greater civilian control over local administration and a reduction in military involvement in civilian life.

Academic research and practical work on the ground have shown that reconciliation cannot be separated from questions of dignity, equality and justice. Former minister Mano Ganesan, leader of the Democratic People’s Front, focused on the longstanding problems faced by the Malaiyaha Tamil community. He spoke passionately about continuing housing shortages, landlessness and economic marginalisation, issues that have persisted since Independence. He also highlighted the devastating impact of recent extreme weather events on estate communities that remain socially and economically vulnerable. The condition of the Malaiyaha Tamil community remains one of the enduring social justice issues in Sri Lanka.

After Independence in 1948, a large proportion of them were denied citizenship and voting rights through legislation that rendered them stateless. Though citizenship rights were eventually restored, the social and economic consequences of exclusion continue to be felt generations later.

Many families still lack secure housing and land ownership despite their immense contribution to the country’s plantation economy. Minister Rathnayake’s responses to both these concerns were politically significant. He argued that recent political developments, including the declining influence of narrow ethnic politics across communities, indicated a major shift in public attitudes. According to him, the political ground has changed in ways that make it increasingly difficult for politicians who rely primarily on ethnic division and communal insecurity to retain public support.

Inter-Connected

There is evidence to support the assessment about the changing political grounding which sees future prospects in the resolution of long standing problems. . The economic collapse of 2022 affected all communities alike and generated a new politics centred on governance, anti corruption, accountability and economic justice. The Aragalaya protests brought together Sinhalese, Tamils and Muslims in a common demand for political change. Although ethnic grievances have not disappeared, the crisis created space for a broader understanding that the country’s future depends on cooperation rather than division. Opposition Leader Premadasa’s comments at the symposium reflected this changing political climate. He emphasised that national reconciliation could not be separated from economic justice and the need to address disparities between regions and social classes.v He also mentioned the need for civil society organisations to take this message to the community. This wider understanding of reconciliation is important because ethnic inequality and economic inequality have often reinforced each other in Sri Lanka’s history.

Academic studies have identified the denial of citizenship rights after Independence as a historic injustice that set back the Malaiyaha community for decades. The challenge now is to ensure that transformation becomes part of the stabilisation and development process itself. Practical first steps are both possible and necessary. The release of civilian lands still under state control, greater devolution of administrative authority, reduction of military involvement in civilian affairs, language equality in public administration and accelerated housing and land ownership programmes in the plantation sector are all measures that can begin immediately without waiting for a final stage of transformation.

The government’s recent commitment that provincial council elections will finally be held this year is therefore significant. These elections have been repeatedly postponed by successive governments. Holding them would not solve the ethnic conflict by itself. But it would signal a willingness to restore democratic institutions and share power in a meaningful way.

Sri Lanka has repeatedly postponed difficult reforms in the hope that a more convenient political moment would eventually arrive. But opportunities are invariably created and fought for instead of being provided as a gift by a benevolent government.

The present moment, shaped by the economic crisis and public demand for accountable government, offers a rare opportunity to move simultaneously towards stability, development and reconciliation. Provincial council elections can be the first meaningful step. But they must not be the last.

by Jehan Perera

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Researchers to shape new environmental policy framework

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Some of the researchers at the meeting

In a significant move aimed at steering Sri Lanka’s environmental governance towards a more science-based and evidence-driven path, the Ministry of Environment has initiated a new collaborative mechanism to integrate leading researchers into national policy formulation and conservation planning.

The initiative was discussed at a high-level meeting chaired by Dr. Dammika Patabendi at the Ministry of Environment on Tuesday, where top environmental scientists, wildlife experts and researchers were invited to contribute towards what officials described as a “strategic transition” in the country’s environmental management framework.

The discussions focused on strengthening the scientific basis of environmental conservation programmes and national policy decisions while creating a more research-friendly environment for academics and field scientists engaged in biodiversity and ecological studies.

Particular attention was paid to long-standing concerns raised by researchers regarding procedural and operational difficulties encountered when conducting studies in collaboration with the Department of Wildlife Conservation and the Forest Department.

Minister Patabendi stressed the need for environmental policies to be guided by credible scientific data rather than ad hoc administrative decisions, ministry sources said.

Among the key proposals discussed was the establishment of a streamlined mechanism that would reduce bureaucratic obstacles faced by researchers in obtaining approvals, accessing field sites and sharing scientific findings with state institutions.

The Minister highlighted the importance of building stronger partnerships between policymakers and the scientific community at a time when Sri Lanka is grappling with escalating environmental challenges including deforestation, biodiversity loss, human-elephant conflict, climate-related disasters and ecosystem degradation.

Environmentalists attending the meeting had also highlighted the urgent necessity of incorporating empirical research into national decision-making processes to ensure long-term ecological sustainability and better resource management.

The meeting brought together several of Sri Lanka’s leading environmental researchers and academics including Rohan Pethiyagoda, Saminda Fernando, Sewwandi Jayakody, Samantha Gunasekara, Dinidu Devapura, Himesh Jayasinghe, Manoj Prasanna, Mendis Wickramasinghe and Suranjan Karunarathna.

Director General of Wildlife Conservation Ranjan Marasinghe also participated in the deliberations.

Officials said the proposed framework is expected to pave the way for a more transparent, data-oriented and scientifically credible environmental governance structure capable of addressing emerging conservation challenges more effectively.

The government expects the new mechanism to support the implementation of practical and scientifically robust programmes aimed at safeguarding Sri Lanka’s ecological future while enhancing cooperation between state agencies and the country’s growing community of environmental researchers.

 

By Ifham Nizam

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Back home … for a special occasion

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Seven Notes: Sri Lankans based in Dubai – with Niluk (second from left)

Niluk Uswaththa, of Seven Notes fame, based in Dubai, surprised many when he and his wife Apeksha, turned up in Colombo, last week … unannounced.

Yes, they had a purpose in their surprise visit … to wish Apeksha’s mum for her birthday, which was on Monday, 18th May, and what a surprise it turned out to be!

In an exclusive chit-chat with The Island, Niluk said that the scene in Dubai is improving and Seven Notes do have work coming their way.

Since the members of Seven Notes are all employed (doing day jobs), they operate only on Saturdays and Sundays.

Niluk: Didn’t come prepared to perform, but obliged
friends in Galle

In fact, to get to Colombo for the birthday surprise (on Monday, 18th May), the band had to skip their 17th May, Sunday gig.

“Although it’s a short vacation, my wife and I are enjoying the setup here,” said Niluk, adding that they spent two days in Galle and that their next destination is Anuradhapura.”

Niluk didn’t come prepared to perform, but he obliged the crowd present, at a friend’s birthday celebrations, in Galle, singing and playing guitar.

They are scheduled to leave for their home, in Dubai, in the first week of June.

Seven Notes is an outfit made up of Sri Lankans and the band has been around for almost nine years.

Niluk came into their scene nearly seven years ago.

“When I went to Dubai, I had offers coming my way but it was Seven Notes that impressed me because of their acoustic style.”

The Dubai’s entertainment scene is showing clear signs of bouncing back and even levelling up in the next few months.

Niluk and Apeksha: Enjoying their short vacation

After a slowdown earlier this year due to regional tensions, shows and festivals are back on the calendar, and organisers say late 2026 could be the busiest concert season in years.

Time Out Dubai says “the 2026 concert calendar is filling up nicely” and “the city is ready to party once again” after some reschedules.

Dubai Summer Surprises in July brings retail activations, comedy nights, and indoor art exhibitions.

Organisers point to a backlog of postponed events that are being rescheduled for late 2026 and early 2027.

Yes, Dubai is calm on the surface but on alert. Life is mostly normal in the city, but there’s a “balancing act” as people watch for escalation.

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