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Electricity Reform: The Act and the Amendment

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A protest against the proposed Electricity Amendment Bill. (File photo)

It will not be an exaggeration to say that what the 2024 Electricity Act proposed, the 2025 Amendment seems set up to depose. Equally, what the Act set about to depose, the Amendment is seeking to re-propose. Unrestricted unbundling and privatizing the unbundled parts were the central purpose of the Act. Controlled unbundling without abandoning public ownership seems to be the main motivation behind the Amendment. The Act exclusively privileged everyone else except engineers to carry the burden of reforming the electricity sector. The Amendment reverses that privilege and includes mostly engineers with limited participation by other experts. Apart from policy specifics and technical details, it is unfortunate that the Act and the Amendment have singularly failed to find a balance between divergent approaches to electricity reform but have instead created unnecessary dichotomies between them.

The electricity sector in Sri Lanka has a record of impressive achievements, as well as incredible failures. There is general acknowledgement of the achievements in the technical assets of the electricity sector in hydropower generation, its transmission grid that spans the whole country, improvements in supply efficiency, as well as in expanding accessibility to virtually every household. In a Sunday Island interview (July 20), Ashish Khanna, the new Director General of the International Solar Alliance (ISA), made a point about Sri Lanka’s “almost universal energy access” in comparison to other parts of the world.

But these achievements have not come about in the most optimal ways of cost and efficiency, and maintaining them and transitioning them to expand the use of renewable energy sources have become virtually impossible in the absence of cost-based pricing for electricity consumption and the lack of capital for future investment. The advocates of the 2024 Electricity Act want the status quo overhauled because it is based on “a State-owned, vertically integrated monopoly with poor efficiency, management practices and technology.”

The perpetually rising cost of electricity and the recurrence of backouts are all seen as symptoms of a failed system. The lack of interest and urgency in transitioning to renewable energy sources are also blamed on the inertia of the status quo and vested interests who benefit from it. There is even an anecdotal assertion that CEB Engineers are not in favour of wind and solar powered energy. And there are common allusions to the power of the ‘diesel mafia’ akin to the ‘rice mafia’ in the food sector. Private suppliers of thermal energy would rather have their contracts continue forever than switch to investing in windmills and solar panels.

The 2024 Panacea

The advocates of the 2024 Electricity Act see it as the panacea to all the ills of the status quo. The Act’s intention is not merely to unbundle the behemothic Ceylon Electricity Board, but to transition the whole electricity sector from a monopolistic state platform to a competitive market platform, supported by an analytics-responsive policy and regulatory framework, and enable the wholesale/retail marketing of energy, on the one hand, and for providing power storage and grid stability services, on the other.

To these ends, the Act provides for a plethora of private companies (12 at the minimum) succeeding the current generation and distribution units of the CEB, along with two overarching national entities – one for the national transmission network, and the other (the National System Operator – NSO) for the planning, procuring, and delivery of electric power. There would be additional companies to look after the so called “legacy functions” of the CEB, viz., pension fund and other employee services. And more, like the National Electricity Advisory Council (NEAC) to set reform policy and the Power Sector Reform Secretariat (PSRS) for its execution. The Act was passed on 27 June 2024 with partial operationalization and was set to become fully operational within an year with the flip of a ministerial switch.

Whatever the champions of the Electricity Act may have been hoping for in terms switching on the full lights of the Act for reforming the electric power system, they were in for a rude surprise from the voting people who made up their minds to take a chance with reforming political power, first tentatively in the September presidential election and later quite fulsomely in the November parliamentary election.

The upshot for the 2024 Electricity Act, according to its supporters, was the ‘stalling of the reform process’ by the new NPP government. The vaunted PSRS was sacked and later resurrected with a new team of all engineers and no transition and reform specialists who are supposed to include only non-engineers – lawyers, accountants and bureaucrats.

At the same time, according to the NPP government’s electricity experts it is the Power Sector Reform Secretariat that was set up under President Ranil Wickremesinghe that should be blamed for failing to facilitate the incorporation of new companies and prepare the preliminary transfer plan that were to be accomplished by October 27th, 2024, within four months of the passage of the Act. By that date, all officers and employees of CEB were to be reassigned (except those voluntarily retiring) to one or the other of the successor companies of the CEB. That was the plan that was included in the Electricity Act. Now one year later, CEB is still in place, but it is the Act enacted to unbundle CEB that is being bundled up or amended.

The NPP Amendment

The NPP’s Amendment, according to its detractors who are also the champions of the parent Act, formalizes the total reversal of the objectives and intentions of the Act. The Amendment is by and large the product of the work of ten experts, nine of them engineers, six of whom are academics (four affiliated to the University of Moratuwa, one from the University of Peradeniya, and one from the University of Manitoba, Canada). The committee was appointed by the Secretary to the Ministry of Energy (MoE) following authorization by the NPP Cabinet of Ministers. Apparently, the Secretary to the MoE, Prof. Udayanga Hemapala, appointed himself as Chairman of the Committee. The NPP’s CEB Chairman Dr. Tilak Siyambalapitiya was on the Committee. Dr. Siyambalapitiya has recently retired as Chairman and has been succeeded by Prof. Udayanga Hemapala, who seems to be emerging as a man for all seasons in the electricity world.

The Committee was appointed on 7th January 2025, and the Committee’s Report – “Concept Paper on Proposed Amendments to the Electricity Act No. 36 of 2024” – was released within two weeks on 20th January. In their Concept Paper, the nine Electrical Engineers do not hold their punches in dealing with the intentions and methods of the parent Act. While acknowledging that “many positive aspects that are essential for reforming the electricity sector are included in the Electricity Act,” the Paper is critical of the “institutions, provisions, and trade arrangements” that are proposed in the Act as being “non-optimal, non-essential or detrimental to the sector.” The Paper argues that the multi-institutional approach of the Act would even undermine its stated objectives, add new burdens to the electricity sector, and ultimately impact the affordability and the security of electricity supply.

The approach outlined in the Concept Paper that sets the frame for the Amendment, differs from the approach that led to the parent Act in four fundamental respects. First, the Paper acknowledges the scale and size of the Sri Lankan electricity sector thereby implying a proportionate scale of reform measures. To quote the Engineers who wrote the Concept Paper:

“Sri Lanka’s electricity system is yet to see a peak demand of 3,000 MW and is a relatively small system. Establishing multiple standalone companies will introduce unnecessary complexities including appointing competent governing boards and leadership teams. This will result in erosion of governance and technical capabilities of these smaller companies. Furthermore, segmented smaller companies will have a weakened ability of raising capital in an environment where substantial investments will be needed to cater for the growing demand for electricity. The recommended solution is establishing government-owned holding companies to hold shares of the completely unbundled generation, transmission, and distribution companies formed as successor companies of CEB to operate under the NSO.”

The second difference is about the pace of reform. While the Electricity Act takes a very speedy approach to implementing some radical changes, the Concept Paper approach that informs the Amendment prefers a gradualistic approach for implementing more measured changes. Third, the Concept Paper is critical of the duplication of resources for electricity policy separate from those that already exist for energy policy including electricity.

For several years, the Public Utilities Commission of Sri Lanka (PUCSL) and Sri Lanka Sustainable Energy Authority (SLSEA) have been tasked with policy and regulatory responsibilities for all branches of energy including electricity. The Electricity Act provides for a new entity called the National Electricity Advisory Council (NEAC) that would duplicate the role that is currently assigned to PUCSL. This is seen as unnecessary, and the Amendment repeals the provision for creating the National Electricity Advisory Council, but without prejudice to the role and functions that were to be assigned to it but which could well be carried out by PUCSL. .

The fourth difference is all political and as the old truism goes there is nothing purely technical about public action in the domain of a government. The Concept Paper draws on the NPP government’s energy policy as adumbrated during its election campaigns and asserts the need for retaining public ownership of the successor entities arising out of CEB’s unbundling.

The Amendment sets out to achieve the goal of maintaining public ownership even after unbundling. The rationale for this is based on the “strong mandate” that the NPP government purportedly received from the voters for every plank in its policy platform including electricity reform. But there is considerable ground to be covered between receiving a general mandate, strong or weak, and achieving electricity reform. The process is yet to start, legislative initiatives notwithstanding.

by Rajan Philips ✍️



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The Silent Shadow: The threat of the Nipah virus in Asia

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In the quiet woods of West Bengal and the lush countryside of Kerala, a lethal pathogen is once again testing the limits of modern biosafety. The Nipah virus (NiV), a shadow that has flickered across South and South-East Asia for decades, is currently the subject of heightened international surveillance. With a case fatality rate that can soar up to 75%, this virus Nipah is not just a regional concern; it is a priority pathogen on the World Health Organization (WHO) Research and Development Blueprint, alongside Ebola and COVID-19, due to its epidemic potential.

To understand the much-justified fear Nipah inspires in the scientific community, one needs to look at its molecular machinery. Nipah is a negative-sense, single-stranded RNA virus belonging to the genus Henipavirus. In a kind of “Instruction Manual” analogy, Positive-Sense (+RNA) arrive with an instruction manual already written in the cell’s language. As soon as they enter the cell, the cell can start reading the RNA and “printing” viral proteins immediately. In contrast, Negative-Sense (-RNA) viruses like Nipah, Influenza, or Rabies, arrive with an instruction manual that is written backwards or as a “mirror image.” The cell’s machinery cannot read it directly. It cannot dictate terms to the cell. It needs a “translator” to get the cell to do what the virus wants. If the translator is deactivated, the virus becomes inert. However, with the help of the active translator, a replication pathway is created. This specific replication pathway is a major area of study for antiviral drugs. If we can find a way to “jam” that specific viral translator without hurting the host cell’s own functions, we can effectively stop the virus, so to speak, in its tracks.

Nipah is a “Biosafety Level 4” agent; the highest risk category requiring maximum containment. The virus targets the host’s cells lining of blood vessels and the nerve tissues. Once it enters the human body, typically through the binding of its attaching glycoprotein to host receptors, it initiates a devastating cascade. The infection often presents as a dual-threat, namely acute respiratory problems with features of severe “atypical pneumonia,” and potentially fatal involvement of the brain. In its most sinister form, the virus crosses the blood-brain barrier which routinely protects against invasion of the central nervous system by infective organisms, causing massive inflammation of the brain. Symptoms progress rapidly from fever and headache to drowsiness, disorientation, and seizures, often culminating in a coma within 24 to 48 hours.

As of January 2026, the epidemiological map of Asia shows several distinct hotspots. India is currently managing two distinct geographical risks. In West Bengal, a recent cluster in Kolkata and Barasat involving healthcare workers has triggered a massive “trace and test” operation. This region, bordering Bangladesh, has a history of outbreaks dating back to 2001. Simultaneously, Kerala in Southern India has become a recurrent epicentre, with four confirmed cases and two deaths reported in mid-2025 across the Malappuram and Palakkad districts.

Bangladesh remains the most consistently affected nation. In 2025 alone, four fatal, unrelated cases were reported across the Barisal, Dhaka, and Rajshahi divisions. Unlike the hospital-based transmission often seen elsewhere, Bangladesh’s outbreaks are frequently linked to a cultural staple, which is the consumption of raw date palm sap.

The current clusters have sent warning currents across the continent. Airports in Thailand (Suvarnabhumi and Phuket), Nepal, and Singapore have reinstated COVID-style health screenings for travellers arriving from affected Indian states. Taiwan has gone a step further, proposing to categorise Nipah as a “Category 5” notifiable disease; the highest level of public health alert.

The natural reservoir of Nipah is the Pteropus genus of fruit bats, commonly known as flying foxes. These bats carry the virus without falling ill themselves, shedding it in their saliva, urine, and excrement. The “spillover” to humans typically occurs via three routes:

= Contaminated Food: Eating fruit partially consumed by bats or drinking raw date palm sap where bats have urinated into the collection pots.

= Intermediate Hosts: In the 1998 Malaysia outbreak, pigs acted as “amplifying hosts” after eating contaminated fruit, later passing the virus to farmworkers.

= Human-to-Human: This is the greatest concern for urban centres. Close contact with the bodily fluids or respiratory droplets of an infected patient, often enough in a home care or hospital setting, can trigger secondary clusters.

While Sri Lanka has not yet recorded a human case of Nipah, the island cannot afford complacency. The risks are grounded in both biology and regional connectivity. Surveillance studies have confirmed that Pteropus bat species are indigenous to Sri Lanka. While the presence of the bat does not guarantee the presence of the virus, the ecological apparatus for a spillover event exists on the island. Environmental changes, such as deforestation, can drive these bats closer to human settlements in search of food, increasing the probability of contact.

Sri Lanka’s proximity to South India, particularly Kerala and Tamil Nadu, creates a constant flow of people and goods. With direct flights and maritime links to regions currently monitoring outbreaks, the risk of an “imported case” is quite considerable. A single undetected traveller in the incubation period, that is the period between the infection and production of the disease, which can last from 4 to 14 days, and in rare cases up to 45, could theoretically introduce the virus into a local clinical setting.

The primary challenge for Sri Lanka lies in looking at what doctors call a “differential diagnosis”, which looks at all possible conditions that have a similar clinical presentation. Early symptoms of Nipah mimic common tropical illnesses like dengue, Japanese encephalitis, or even severe influenza. Without high-level biocontainment labs (BSL-3 or BSL-4) and rapid Polymerase Chain Reaction (PCR) testing protocols specifically tuned for Henipaviruses, a localised outbreak could gain significant momentum before it is correctly identified. Incidentally, PCR is a sort of molecular photocopier which allows scientists to take a tiny, almost undetectable amount of viral genetic material (RNA or DNA) from a patient’s swab or blood sample and amplify it millions of times until there is enough to be detected and identified.

Currently, there is no licensed vaccine or specific antiviral drug in the treatment for Nipah. Management is limited to intensive supportive care. However, the “One Health” approach offers a roadmap for prevention:

=For the Public: Ensure all fruits are thoroughly washed and peeled, and discard any fruit that shows signs of bird or animal bites (“bat-bitten” fruit).

=For Healthcare Workers: Strict adherence to Infection Prevention and Control (IPC) measures. Wearing personal protective equipment (PPE) when treating patients with unexplained encephalitis or respiratory distress is vital.

=For Authorities: Strengthening surveillance of bat populations and enhancing the diagnostic capacity of national laboratories.

Nipah virus is a reminder of the permeable borders between the wild and the urban. As Asia watches the current clusters in India and Bangladesh, the lesson for Sri Lanka is clear: preparedness is the only antidote to a virus that currently has no cure.

We need to make the general public well aware of preventive guidelines for travellers to other countries, most particularly for those traveling to or from Kerala, West Bengal, or Bangladesh. Before travel, it is necessary to monitor the Sri Lankan Ministry of Health (Epidemiology Unit) website for travel advisories. Currently, screening is focused on passengers arriving from Kolkata and Kerala. It is essential to ensure that travel insurance covers medical evacuation and high-intensity supportive care, as Nipah management requires ICU facilities.

During the stay in an area of another country that is a high-risk area, avoid “Bat-Bitten” Fruit and do not purchase or consume fruit that has visible puncture marks, scratches, or missing chunks. In regions where fruit bats (Pteropus) are active, they often taste fruit and discard it, leaving saliva and virus behind. It is essential to only eat fruit that you have washed thoroughly with clean water and peeled yourself. Avoid pre-sliced fruit platters in street markets. Stay away from pig farms and bat roosting sites such as large trees where “flying foxes” gather. If you visit rural areas, do not touch surfaces under these trees which may be contaminated with bat urine.

Once a traveller returns to Sri Lanka, the authorities at the ports of entry have to be most vigilant. As for the traveller, it is best to self-monitor for about a month. The incubation period can be long. If you develop a fever, severe headache, or cough within three weeks of returning, isolate yourself immediately. If you seek medical care, the very first thing you should tell the doctor is: “I have recently returned from a region where Nipah cases were reported.”

Healthcare workers have to be extremely careful. This is crucial for doctors and nurses in Sri Lankan Outpatient Departments (OPD) and Emergency Treatment Units (ETUs). Careful medical triage of sorting out possible cases is mandatory. It is necessary to maintain a High Index of Suspicion: In any patient presenting with Acute Respiratory Distress Syndrome (ARDS) or Encephalitis (confusion, seizures, or coma), immediately check their travel history or contact with travellers. It is essential that the health staff do not rule out Nipah just because a patient has a “simple” cough or a “sore throat” as these often precede the neurological crash by 24–48 hours.

Infection Prevention and Control (IPC) measures have to be employed compulsorily. Because Nipah has a high rate of nosocomial (hospital-acquired) spread, the following “Standard Plus” precautions are mandatory for suspected cases:-

=Meticulous hand hygiene before and after patient contact.

=Use of medical masks and eye protection (goggles or face shields).

=Double gloving and the use of fluid-resistant gowns.

If a patient is suspected to suffer from Nipah virus infection, the patient needs to be moved to a dedicated isolation ward immediately. Do not “cohort” (group) them with other encephalitis or flu patients until Nipah is ruled out by PCR. Treat all bodily fluids (blood, urine, saliva) as highly infectious biohazards. Use 0.5% sodium hypochlorite for surface disinfection. Under the Infectious Diseases Act, Nipah is a notifiable disease in Sri Lanka. Contact the regional Medical Officer of Health (MOH) or the Epidemiology Unit immediately upon suspicion. DO NOT WAIT FOR LAB CONFIRMATION.

One final but absolutely vital and life-saving declaration and truism is that the Nipah virus is very sensitive to common soaps and detergents. Regular handwashing with soap for at least 20 seconds is one of the most effective ways to break the chain of transmission, even for a virus that is this lethal.

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India shaping-up as model ‘Swing State’

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Indian Prime Minister Narendra Modi with foreign political leaders at India’s 77th Republic Day celebrations. (PMO via PTI Photo)

The world of democracy is bound to be cheering India on as it conducts its 77th Republic Day celebrations. The main reasons ought to be plain to see; in the global South it remains one of the most vibrant of democracies while in South Asia it is easily the most successful of democracies.

Besides, this columnist would go so far as to describe India as a principal ‘Swing State.’ To clarify the latter concept in its essentials, it could be stated that the typical ‘Swing State’ wields considerable influence and power regionally and globally. Besides they are thriving democracies and occupy a strategic geographical location which enhances their appeal for other states of the region and enables them to relate to the latter with a degree of equableness. Their strategic location makes it possible for ‘Swing States’ to even mediate in resolving conflicts among states.

More recently, countries such as Indonesia, South Africa and South Korea have qualified, going by the above criteria, to enter the fold.

For us in South Asia, India’s special merit as a successful democracy resides, among other positives, in its constitutionally guaranteed fundamental rights. Of principal appeal in this connection is India’s commitment to secularism. In accordance with these provisions the Indian federal government and all other governing entities, at whatever level, are obliged to adhere to the principle of secularism in governance.

That is, governing bodies are obliged to keep an ‘equidistance’ among the country’s religions and relate to them even-handedly. They are required to reject in full partiality towards any of the country’s religions. Needless to say, practitioners of minority religions are thus put at ease that the Indian judiciary would be treating them and the adherents of majority religions as absolute equals.

To be sure, some politicians may not turn out to be the most exemplary adherents of religious equality but in terms of India’s constitutional provisions any citizen could seek redress in the courts of law confidently for any wrongs inflicted on her on this score and obtain it. The rest of South Asia would do well to take a leaf from India’s Constitution on the question of religious equality and adopt secularism as an essential pillar of governance. It is difficult to see the rest of South Asia settling its religious conflicts peacefully without making secularism an inviolable principle of governance.

The fact is that the Indian Constitution strictly prohibits discriminatory treatment of citizens by the state on religious, racial, caste, sex or place of birth grounds, thus strengthening democratic development. The Sri Lankan governing authorities would do well to be as unambiguous and forthright as their Indian counterparts on these constitutional issues. Generally, in the rest of South Asia, there ought to be a clear separation wall, so to speak, between religion and politics.

As matters stand, not relating to India on pragmatic and cordial terms is impossible for almost the rest of the world. The country’s stature as a global economic heavyweight accounts in the main for this policy course. Although it may seem that the US is in a position to be dismissive of India’s economic clout and political influence at present, going forward economic realities are bound to dictate a different policy stance.

India has surged to be among the first four of global economic powers and the US would have no choice but to back down in its current tariff strife with India and ensure that both countries get down to more friction-free economic relations.

In this connection the EU has acted most judiciously. While it is true that the EU is in a diplomatic stand-off of sorts with the US over the latter’s threat to take over Greenland and on questions related to Ukraine, it has thought it best to sew-up what is described as an historic free trade agreement with India. This is a truly win-win pact that would benefit both parties considering that together they account for some 25 percent of global GDP and encompass within them 3 billion of the world’s population.

The agreement would reduce trade tariffs between the states and expand market access for both parties. The EU went on record as explaining that the agreement ‘would support investment flows, improve access to European markets and deepen supply chain integration’.

Besides, the parties are working on a draft security and defence partnership. The latter measure ought to put the US on notice that India and the EU would combine in balancing its perceived global military predominance. The budding security partnership could go some distance in curbing US efforts to expand its power and influence in particularly the European theatre.

Among other things, the EU-India trade agreement needs to be seen as a coming together of the world’s foremost democracies. In other words it is a notable endorsement of the democratic system of government and a rebuffing of authoritarianism.

However, the above landmark agreement is not preventing India from building on its ties with China. Both India and China are indicating in no uncertain terms that their present cordiality would be sustained and further enriched. As China’s President Xi observed, it will be a case of the ‘dragon and the elephant dancing together.’

Here too the pragmatic bent in Indian foreign policy could be seen. In economic terms both countries could lose badly if they permit the continuation of strained ties between them. Accordingly, they have a common interest in perpetuating shared economic betterment.

It is also difficult to see India rupturing ties with the US over Realpolitik considerations. Shared economic concerns would keep the US and India together and the Trump administration is yet to do anything drastic to subvert this equation, tariff battles notwithstanding.

Although one would have expected the US President to come down hard on India over the latter’s continuing oil links with Russia, for instance, the US has guarded against making any concrete and drastic moves to disrupt this relationship.

Accordingly, we are left to conclude from the foregoing that all powers that matter, whether they be from the North or South, perceive it to be in their interests to keep their economic and other links with India going doubly strong. There is too much to lose for them by foregoing India’s friendship and goodwill. Thus does India underscore its ‘Swing State’ status.

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Securing public trust in public office: A Christian perspective – Part III

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Dietrich Bonhoeffer

Professor, Dept of Public & International Law, Faculty of Law, University of Colombo, Sri Lanka and independent member, Constitutional Council of Sri Lanka (January 2023 to January 2026)

This is an adapted version of the Bishop Cyril Abeynaike Memorial Lecture delivered on 14 June 2025 at the invitation of the Cathedral Institute for Education and Formation, Colombo, Sri Lanka.

(Continued from yesterday)

Conviction

I now turn to my third attribute, which is conviction. We all know that we can have different types of convictions. Depending on our moral commitments, we may think of convictions as good or bad. From the Bible, the convictions of Saul and the contrasting convictions of Paul (Saul was known as Paul after his conversion) provide us with an excellent illustration of the different convictions and value commitments we may have. As Christians we are required to be convinced about the values of the Kingdom of God, such as truthfulness and rationality, the first and second attributes that I spoke of. We are also called to act, based on our convictions in all that we do.

I used to associate conviction with fearlessness, courage or boldness. But in the last two to three years of my own life, I have had the opportunity to think more deeply about the idea of conviction and, increasingly, I am of the view that conviction helps us to stand by certain values, despite our fears, anxieties or lack of courage. Conviction forecloses possibilities of doing what we think is the wrong thing or from giving up. Recall here the third example I referred to, of Lord Wilberforce and his efforts at abolishing the slave trade and slavery. He had to persevere, despite numerous failures, which he clearly did. In my own experiences, whether at the university or at the Constitutional Council, failures, hopelessness, fear or anxiety are real emotions and states of mind that I have had to deal with. In Sri Lanka, if convictions about truth, rationality and justice compel a public official to speak truth to power and act rationally, chances are that such public official has gone against the status quo and given people with real human power, reason to harm them. Acting out of conviction, therefore, can easily give rise to a very human set of reactions – of fear for oneself and for one’s family’s safety, anxiety about grave consequences, including public embarrassment and, sometimes, even regret about taking on the responsibilities that one has taken on. In such situations, such public officials, from what I have noticed, do not ever regret acting out of conviction, but rather struggle with the implications and the consequences that may follow.

When we consider the work of Lord Wilberforce, Lalith Ambanwela and Thulsi Madonsela we can see the ways in which their convictions helped them to persist in seeking the truth, in remaining rational and in seeking justice. They demonstrate to us that conviction about truth and justice pushes and even compels us to stand by those ideals and discharge our responsibilities in a principled and ethical way. Convictions help us to do so, even when the odds are stacked against us and when the status quo seems entrenched and impossible to change. This is well illustrated in how Wilberforce persisted with his attempts at law reform, despite the successive failures.

Importantly, some public officials saw the results of acting out of conviction in their lifetime, but others did not. Wilberforce saw the results of his work in his lifetime. Dietrich Bonhoeffer, a German theologian who opposed Hitler’s rule, was executed, by hanging, by the Nazi German state, a couple of weeks before Hitler committed suicide. Paul spent the last stage of his life as a prisoner of the Romans and was crucified. These examples suggest that conviction compels us to action, regardless of our chances of success, and for some of us, even unto death. Yet, conviction gives us hope about the unknown future. Conviction, indeed, is a very powerful human attribute.

I will not go into this, but the Christian faith offers much in terms of how a public official may survive in such difficult situations, as has been my own experience thus far.

Critical Introspection

I chose critical introspection as the fourth attribute for two reasons. One, I think that the practice of critical introspection by public officials is a way of being mindful of our human limitations and second it is a way in which we can deepen and renew our commitment to public service. Critical introspection, therefore, in my view, is essential for securing public trust and it is an attribute that I consider to be less and less familiar among public officials.

In Jesus, and in the traditions of the Church, we find compelling examples of a commitment to critical introspection. During his Ministry, he was unapologetic about taking time off to engage in prayer and self-reflection. He intentionally went away from the crowds. His Ministry was only for three years and he was intentional about identifying and nurturing his disciples. These practices may have made Jesus less available, perhaps less ‘productive’ and perhaps even less popular. However, this is the approach that Jesus role-modelled and I would like to suggest to you today, that there is value in this approach and much to emulate. Similarly, the Biblical concept of the Sabbath has much to offer to public officials even from a secular perspective in terms of rest, stepping away from work, of refraining from ‘doing’ and engaging with the spiritual realm.

Importantly, critical introspection helps us to anticipate that we are bound to make mistakes. no matter how diligent we may be and of our blind spots. Critical introspection creates space for truth, rationality and conviction to continue to form us into public officials who can secure public trust and advance it.

In contrast, I have found, in my work, that many embrace, without questioning, a relentless commitment to working late hours and over the weekends. This is, of course, at the cost of their personal well-being, and, equally importantly, of the well-being of their families. Relentless hard work, at the cost of health and personal relationships, is commonly valorised, rather than questioned, from what I can see, ironically, even in the Church.

One of the greatest risks of public officials not engaging in critical introspection is that they may lose the ability to see how power corrupts them or they may end up taking themselves too seriously. I have seen these risks manifest in some public officials that I work with – power makes them blind to their own abuse of power and they consider themselves to be above others and beyond reproach.

Where a public official does not practice critical introspection, the trappings of public office can place them at risk of taking themselves too seriously and losing their ability to remain service-oriented. Recall the trappings of high constitutional office – the security detail, the protocol and sometimes the kowtowing of others. It is rare for us to see public officials who respond to these trappings of public office lightly and with grace. Unfortunately for us, we have seen many who thrive in it. In my own work, I have come across public officials who are extremely particular about their titles and do not hesitate to reprimand their subordinates if they miss addressing them by one of their titles. Thankfully, I also know and work with public officials who are most uncomfortable with the trappings of public office and suffer it while preserving their attitude of humility and service.

Permit me to add a personal note here. In April 2022 a group of Christians and Catholics decided to celebrate Maundy Thursday by washing the feet of some members of the public. I was invited to come along. On that hot afternoon, in one corner of public place where people were milling about, the few of us washed the feet of some members of the public, including those who maintain the streets of Colombo. I do not know what they thought of our actions but I can tell you how it made me feel. The simple act of kneeling before a stranger and one who was very obviously very different to me, and washing their feet, had a deep impact on me. Many months later, when I was called, most unexpectedly, to be part of Sri Lanka’s Constitutional Council and had to struggle through that role for the better part of my term, that experience of washing feet of member of the public became a powerful and personal reminder to me of the nature of my Christian calling in public service. I do think that the Christian model of servant leadership has much to offer the world in terms of what we require of our public officials.

Compassion

Due to limitations of time, I will speak to the fifth attribute only briefly. It is about compassion – an aspect of love. Love is a complex multi-dimensional concept in Christianity and for today’s purposes, I focus on compassion, an idea that is familiar to our society more generally in terms of Karuna or the ability to see suffering in oneself and in others. The Gospels, at one point, record that when Jesus saw the crowds that he was ministering to, that he had compassion on them.

Of course, we know that the people are not always mere innocent victims of the abuse of power but can be active participants of the culture of patronage and corruption in our society. Nevertheless, for public officials to secure public trust, I think compassion, is essential. Compassion, however, is not about bending the rules, arbitrarily, or about showing favouritism, based on sympathy. In Sri Lanka we are hard pressed to find examples of compassion by public officials, at high levels, despite the horrors we have experienced in this land. However, in the everyday and at lower layers of public service, I do think there are powerful acts of compassion. An example that has stayed with me is about an unnamed police officer who is mentioned in the case of Yogalingam Vijitha v Wijesekera SC(FR) 186/2001 (SC Minutes 28 August 2002). In 2001, Yogalingam Vijitha was subject to severe forms of sexual torture by the police. After one episode of horrific torture, including the insertion of the tip of a plaintain-flower dipped in chilli to her vagina, the torturers left her with orders that she should not be given any water. This unnamed police officer, however, provided her with the water that she kept crying out for. In a case which records many horrific details about how Yogalingam Vijitha was tortured, this observation by the Court, about the unnamed police office, stands out as a very powerful example of compassion in public office.

Compassion for those who seek our services whether at university, at courts or at the kachcheri, should be an essential attribute for public officials.

Aspects not explored

There is much more that can be said about what a Christian perspective has to offer in terms of securing public trust in public office but due to limitations of time, I have only spoken about truthfulness, rationality, conviction, critical introspection and compassion – and that, too, in a brief way. I have not explored today several other important attributes, such as the Christian calling to prioritise the vulnerable and the Christian perspectives on confession, forgiveness and mercy that offers us a way of dealing with any mistakes that we might make as public officials. I have also not spoken of the need for authenticity – public officials ought to maintain harmony in the values that they uphold in their public lives with the values that they uphold their personal lives, too. Finally, I have not spoken of how these attributes are to be cultivated, including about the responsibility of the Church in cultivating these attributes, practice them and about how the Church ought to support public officials to do the same.

Securing Public Trust

Permit me to sum up. I have tried to suggest to you that cultivating a commitment to truthfulness, rationality, conviction about the values of public service, critical introspection and compassion – are essential if public officials are to secure public trust.

The crisis of 2022 is a tragic illustration of the pressing need in our society to secure trust in public office. In contrast, the examples of Thulsi Madonsela, former Public Protector of South Africa, of late Lalith Ambanwela, former Audit Superintendent from Sri Lanka and Lord Wilberforce illustrate that individual public officials who approach public service can and have made a significant difference, but, of course, at significant personal cost. Given the mandate of this memorial lecture, I drew from the Christian faith to justify and describe these five attributes. However, I do think that a similar secular justification is possible. Ultimately, secular or faith-based, we urgently need to revive a public and dynamic discourse of our individual responsibilities towards our collective existence, including about the ways in which can secure public trust in public office. I most certainly think that the future of our democracy depends on generating such a discourse and securing the trust of the public in public office.

If any of you here have been wondering whether I am far too idealistic or, as some have tried to say, ‘extreme’ in the standard that I have laid out for myself and others like me who hold public office – I will only say this. Most redeeming or beautiful aspects of our human existence have been developed mostly because individuals and collectives dared to dream of a better future, for themselves and for others. Having gone through what has easily been the toughest two-three years of my life, I know that, here in Sri Lanka, too, we have among us, individuals and collectives who dare to dream of a better future for this land and its peoples – and they are making an impact. Three years ago, you could have dismissed what I have had to say as being the musings of an armchair academic – but today, given my own experiences in public office with such individuals who have dared to dream of a better future for us, I can confidently tell you – these are not mere musings of an armchair academic but rather insights drawn from what I have been witness to.

(Concluded)

by Dinesha Samararatne

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