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Midweek Review

Fonseka clears Rajapaksas of committing war crimes he himself once accused them of

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With Sri Lanka’s 17th annual war victory over separatist Tamil terrorism just months away, warwinning Army Chief, Field Marshal Sarath Fonseka (Dec. 06, 2005, to July 15, 2009) has significantly changed his war narrative pertaining to the final phase of the offensive that was brought to an end on May 18, 2009.

The armed forces declared the conclusion of ground operations on that day after the entire northern region was brought back under their control. LTTE leader Velupillai Prabhakaran, hiding within the secured area, was killed on the following day. His body was recovered from the banks of the Nanthikadal lagoon.

With the war a foregone conclusion, with nothing to save the increasingly hedged in Tigers taking refuge among hapless Tamil civilians, Fonseka left for Beijing on May 11, and returned to Colombo, around midnight, on May 17, 2009. The LTTE, in its last desperate bid to facilitate Prabhakatan’s escape, breached one flank of the 53 Division, around 2.30 am, on May 18. But they failed to bring the assault to a successful conclusion and by noon the following day those fanatical followers of Tiger Supremo, who had been trapped within the territory, under military control, died in confrontations.

During Fonseka’s absence, the celebrated 58 Division (formerly Task Force 1), commanded by the then Maj. Gen. Shavendra Silva, advanced 31/2 to 4 kms and was appropriately positioned with Maj. Gen. Kamal Gunaratne’s 53 Division. The LTTE never had an opportunity to save its leader by breaching several lines held by frontline troops on the Vanni east front. There couldn’t have been any other option than surrendering to the Army.

The Sinha Regiment veteran, who had repeatedly accused the Rajapaksas of war crimes, and betraying the war effort by providing USD 2 mn, ahead of the 2005 presidential election, to the LTTE, in return for ordering the polls boycott that enabled Mahinda Rajapaksa’s victory, last week made noteworthy changes to his much disputed narrative.

GR’s call to Shavendra What did the former Army Commander say?

* The Rajapaksas wanted to sabotage the war effort, beginning January 2008.

* In January 2008, Mahinda Rajapaksa, Defence Secretary Gotabaya Rajapaksa and Navy Commander VA Wasantha Karannagoda, proposed to the National Security Council that the Army should advance from Vavuniya to Mullithivu, on a straight line, to rapidly bring the war to a successful conclusion. They asserted that Fonseka’s strategy (fighting the enemy on multiple fronts) caused a lot of casualties.

* They tried to discourage the then Lt. Gen. Fonseka

* Fonseka produced purported video evidence to prove decisive intervention made by Defence Secretary Gotabaya Rajapaksa on the afternoon of May 17. The ex-Army Chief’s assertion was based on a telephone call received by Maj. Gen. Shavendra Silva from Gotabaya Rajapaksa. That conversation had been captured on video by Swarnavahini’s Shanaka de Silva who now resides in the US. He had been one of the few persons, from the media, authorised by the Army Headquarters and the Defence Ministry to be with the Army leadership on the battlefield. Fonseka claimed that the videographer fled the country to escape death in the hands of the Rajapaksas. It was somewhat reminiscent of Maithripala Sirisena’s claim that if Rajapaksas win the 2015 Presidential election against him he would be killed by them.

* Shanaka captured Shavendra Silva disclosing three conditions laid down by the LTTE to surrender namely (a) Their casualties should be evacuated to Colombo by road (b) They were ready to exchange six captured Army personnel with those in military custody and (c) and the rest were ready to surrender.

* Then Fonseka received a call from Gotabaya Rajapaksa, on a CDMA phone. The Defence Secretary issued specific instructions to the effect that if the LTTE was to surrender that should be to the military and definitely not to the ICRC or any other third party. Gotabaya Rajapaksa, one-time Commanding Officer of the 1st battalion of the Gajaba Regiment, ordered that irrespective of any new developments and talks with the international community, offensive action shouldn’t be halted. That declaration directly contradicted Fonseka’s claim that the Rajapaksas conspired to throw a lifeline to the LTTE.

Fonseka declared that the Rajapaksa brothers, in consultation with the ICRC, and Amnesty International, offered an opportunity for the LTTE leadership to surrender, whereas his order was to annihilate the LTTE. The overall plan was to eliminate all, Fonseka declared, alleging that the Rajapaksa initiated talks with the LTTE and other parties to save those who had been trapped by ground forces in a 400 m x 400 m area by the night of May 16, among a Tamil civilian human shield held by force.

If the LTTE had agreed to surrender to the Army, Mahinda Rajapaksa would have saved their lives. If that happened Velupillai Prabhakaran would have ended up as the Chief Minister of the Northern Province, he said. Fonseka shocked everyone when he declared that he never accused the 58 Division of executing prisoners of war (white flag killings) but the issue was created by those media people embedded with the military leadership. Fonseka declared that accusations regarding white flag killings never happened. That story, according to Fonseka, had been developed on the basis of the Rajapaksas’ failed bid to save the lives of the LTTE leaders.

Before we discuss the issues at hand, and various assertions, claims and allegations made by Fonseka, it would be pertinent to remind readers of wartime US Defence Advisor in Colombo Lt. Col. Lawrence Smith’s June 2011 denial of white flag killings. The US State Department promptly declared that the officer hadn’t spoken at the inaugural Colombo seminar on behalf of the US. Smith’s declaration, made two years after the end of the war, and within months after the release of the Darusman report, dealt a massive blow to false war crimes allegations.

UN Secretary-General Ban Ki-moon, in 2010, appointed a three-member Panel of Experts, more like a kangaroo court, consisting of Marzuki Darusman, Yasmin Sooka, and Steven Ratner, to investigate war crimes accusations.

Now Fonseka has confirmed what Smith revealed at the defence seminar in response to a query posed by Maj. General (retd.) Ashok Metha of the IPKF to Shavendra Silva, who had been No 02 in our UN mission, in New York, at that time.

White flag allegations

‘White flag’ allegations cannot be discussed in isolation. Fonseka made that claim as the common presidential candidate backed by the UNP-JVP-TNA combine. The shocking declaration was made in an interview with The Sunday Leader Editor Frederica Jansz published on Dec. 13, 2009 under ‘Gota ordered them to be shot – General Sarath Fonseka.’

The ‘white flag’ story had been sensationally figured in a leaked confidential US Embassy cable, during Patricia Butenis tenure as the US Ambassador here. Butenis had authored that cable at 1.50 pm on Dec. 13, 2009, the day after the now defunct The Sunday Leader exclusive. Butenis had lunch with Fonseka in the company of the then UNP Deputy Leader Karu Jayasuriya, according to the cable. But for the writer the most interesting part had been Butenis declaration that Fonseka’s advisors, namely the late Mangala Samaraweera, Anura Kumara Dissanayake (incumbent President) and Vijitha Herath (current Foreign Minister) wanted him to retract part of the story attributed to him.

Frederica Jansz fiercely stood by her explosive story. She reiterated the accuracy of the story, published on Dec. 13, 2009, during the ‘white flag’ hearing when the writer spoke to her. There is absolutely no reason to suspect Frederica Jansz misinterpreted Fonseka’s response to her queries.

Subsequently, Fonseka repeated the ‘white flag’ allegation at a public rally held in support of his candidature. Many an eyebrow was raised at The Sunday Leader’s almost blind support for Fonseka, against the backdrop of persistent allegations directed at the Army over Lasantha Wickrematunga’s killing. Wickrematunga, an Attorney-at-Law by profession and one-time Private Secretary to Opposition Leader Sirimavo Bandaranaike, was killed on the Attidiya Road, Ratmalana in early January 2009.

The Darusman report, too, dealt withthe ‘white flag’ killings and were central to unsubstantiated Western accusations directed at the Sri Lankan military. Regardless of the political environment in which the ‘white flag’ accusations were made, the issue received global attention for obvious reasons. The accuser had been the war-winning Army Commander who defeated the LTTE at its own game. But, Fonseka insisted, during his meeting with Butenis, as well as the recent public statement that the Rajapaksas had worked behind his back with some members of the international community.

Fresh inquiry needed

Fonseka’s latest declaration that the Rajapaksas wanted to save the LTTE leadership came close on the heels of Deputy British Prime Minister David Lammy’s whistle-stop visit here. The UK, as the leader of the Core Group on Sri Lanka at the Geneva-based United Nations Human Rights Council, spearheads the campaign targeting Sri Lanka.

Lammy was on his way to New Delhi for the AI Impact Summit. The Labour campaigner pushed for action against Sri Lanka during the last UK general election. In fact, taking punitive action against the Sri Lankan military had been a key campaign slogan meant to attract Tamil voters of Sri Lankan origin. His campaign contributed to the declaration of sanctions in March 2025 against Admiral of the Fleet Wasantha Karannagoda, General (retd) Shavendra Silva, General (retd) Jagath Jayasuriya and ex-LTTE commander Karuna, who rebelled against Prabhakaran. Defending Shavendra Silva, Fonseka, about a week after the imposition of the UK sanctions, declared that the British action was unfair.

But Fonseka’s declaration last week had cleared the Rajapaksas of war crimes. Instead, they had been portrayed as traitors. That declaration may undermine the continuous post-war propaganda campaign meant to demonise the Rajapaksas and top ground commanders.

Canada, then a part of the Western clique that blindly towed the US line, declared Sri Lanka perpetrated genocide and also sanctioned ex-Presidents Mahinda Rajapaksa and Gotabaya Rajapaksa. Other countries resorted to action, though such measures weren’t formally announced. General (retd) Jagath Dias and Maj. Gen (retd) Chagie Gallage were two of those targeted.

Against the backdrop of Fonseka’s latest claims, in respect of accountability issues, the urgent need to review action taken against Sri Lanka cannot be delayed. Although the US denied visa when Fonseka was to accompany President Maithripala Sirisena to the UN, in Sept. 2016, he hadn’t been formally accused of war crimes by the western powers, obviously because he served their interests.

On the basis of unsubstantiated allegations that hadn’t been subjected to judicial proceedings, Geneva initiated actions. The US, Canada and UK acted on those accusations. The US sanctioned General Shavendra Silva in Feb. 2020 and Admiral Karannagoda in April 2023.

What compelled Fonseka to change his narrative, 18 years after his Army ended the war? Did Fonseka base his latest version solely on Shanaka de Silva video? Fonseka is on record as claiming that he got that video, via a third party, thereby Shanaka de Silva had nothing to do with his actions.

DNA and formation of DP

Having realised that he couldn’t, under any circumstances, reach a consensus with the UNP to pursue a political career with that party, Fonseka teamed up with the JVP, one of the parties in the coalition that backed his presidential bid in 2010. Fonseka’s current efforts to reach an understanding with the JVP/NPP (President Anura Kumara Dissanayake is the leader of both registered political parties) should be examined against the backdrop of their 2010 alliance.

Under Fonseka’s leadership, the JVP, and a couple of other parties/groups, contested, under the symbol of the Democratic National Alliance (DNA) that had been formed on 22 Nov. 2009. but the grouping pathetically failed to live up to their own expectations. The results of the parliamentary polls, conducted in April 2010, had been devastating and utterly demoralising. Fonseka, who polled about 40% of the national vote at the January 2010 presidential election, ended up with just over 5% of the vote, and the DNA only managed to secure seven seats, including two on the National List. The DNA group consisted of Fonseka, ex-national cricket captain Arjuna Ranatunga, businessman Tiran Alles and four JVPers. Anura Kumara Dissanayake was among the four.

Having been arrested on February 8, 2010, soon after the presidential election, Fonseka was in prison. He was court-martialed for committing “military offences”. He was convicted of corrupt military supply deals and sentenced to three years in prison. Fonseka vacated his seat on 7 Oct .2010. Following a failed legal battle to protect his MP status, Fonseka was replaced by DNA member Jayantha Ketagoda on 8 March 2011. But President Mahinda Rajapaksa released Fonseka in May 2012 following heavy US pressure. The US went to the extent of issuing a warning to the then SLFP General Secretary Maithripala Sirisena that unless President Rajapaksa freed Fonseka he would have to face the consequences (The then Health Minister Sirisena disclosed the US intervention when the writer met him at the Jealth Ministry, as advised by President Rajapaksa)

By then, Fonseka and the JVP had drifted apart and both parties were irrelevant. Somawansa Amarasinghe had been the leader at the time the party decided to join the UNP-led alliance that included the TNA, and the SLMC. The controversial 2010 project had the backing of the US as disclosed by leaked secret diplomatic cables during Patricia Butenis tenure as the US Ambassador here.

In spite of arranging the JVP-led coalition to bring an end to the Rajapaksa rule, Butenis, in a cable dated 15 January 2010, explained the crisis situation here. Butenis said: “There are no examples we know of a regime undertaking wholesale investigations of its own troops or senior officials for war crimes while that regime or government remained in power. In Sri Lanka this is further complicated by the fact that responsibility for many of the alleged crimes rests with the country’s senior civilian and military leadership, including President Rajapaksa and his brothers and opposition candidate General Fonseka.”

Then Fonseka scored a major victory when Election Commissioner Mahinda Deshapriya on 1 April, 2013, recognised his Democratic Party (DNA was registered as DP) with ‘burning flame’ as its symbol. There hadn’t been a previous instance of any service commander registering a political party. While Fonseka received the leadership, ex-Army officer Senaka de Silva, husband of Diana Gamage ((later SJB MP who lost her National List seat over citizenship issue) functioned as the Deputy Leader.

Having covered Fonseka’s political journey, beginning with the day he handed over command to Lt. Gen. Jagath Jayasuriya, in July, 2009, at the old Army Headquarters that was later demolished to pave the way for the Shangri-La hotel complex, the writer covered the hastily arranged media briefing at the Solis reception hall, Pitakotte, on 2 April, 2023. Claiming that his DP was the only alternative to what he called corrupt Mahinda Rajapaksa’s government and bankrupt Ranil Wickremesinghe-led Opposition, a jubilant Fonseka declared himself as the only alternative (‘I am the only alternative,’ with strapline ‘SF alleges Opposition is as bad as govt’. The Island, April 3, 2013).

Fonseka had been overconfident to such an extent, he appealed to members of the government parliamentary group, as well as the Opposition (UNP), to switch allegiance to him. As usual Fonseka was cocky and never realised that 40% of the national vote he received, at the presidential election, belonged to the UNP, TNA and the JVP. Fonseka also disregarded the fact that he no longer had the JVP’s support. He was on his own. The DP never bothered to examine the devastating impact his 2010 relationship with the TNA had on the party. The 2015 general election results devastated Fonseka and underscored that there was absolutely no opportunity for a new party. The result also proved that his role in Sri Lanka’s triumph over the LTTE hadn’t been a decisive factor.

RW comes to SF’s rescue

Fonseka’s DP suffered a humiliating defeat at the August 2015 parliamentary polls. The outcome had been so bad that the DP was left without at least a National List slot. Fonseka was back to square one. If not for UNP leader and Prime Minister Ranil Wickremesinghe, Fonseka could have been left in the cold. Wickremesinghe accommodated Fonseka on their National List, in place of SLFPer M.K.D.S. Gunawardene, who played a critical role in an influential section of the party and the electorate shifting support to Maithripala Sirisena. Gunawardena passed away on 19 January, 2016. Wickremesinghe and Fonseka signed an agreement at Temple Trees on 3 February, 2016. Fonseka received appointment as National List MP on 9 February, 2016, and served as Minister of Regional Development and, thereafter, as Minister of Wildlife and Sustainable Development, till Oct. 2018. Fonseka lost his Ministry when President Sirisena treacherously sacked Wickremesinghe’s government to pave the way for a new partnership with the Rajapaksas. The Supreme Court discarded that arrangement and brought back the Yahapalana administration but Sirisena, who appointed Fonseka to the lifetime rank of Field Marshal, in recognition of his contribution to the defeat of terrorism, refused to accommodate him in Wickremesinghe’s Cabinet. The President also left out Wasantha Karannagoda and Roshan Goonetilleke. Sirisena appointed them Admiral of the Fleet and Marshal of Air Force, respectively, on 19, Sept. 2019, in the wake of him failing to secure the required backing to contest the Nov. 2019 presidential election.

Wickremesinghe’s UNP repeatedly appealed on behalf of Fonseka in vain to Sirisena. At the 2020 general election, Fonseka switched his allegiance to Sajith Premadasa and contested under the SJB’s ‘telephone’ symbol and was elected from the Gampaha district. Later, following a damaging row with Sajith Premadasa, he quit the SJB as its Chairman and, at the last presidential election, joined the fray as an independent candidate. Having secured just 22,407 votes, Fonseka was placed in distant 9th position. Obviously, Fonseka never received any benefits from support extended to the 2022 Aragalaya and his defeat at the last presidential election seems to have placed him in an extremely difficult position, politically.

Let’s end this piece by reminding that Fonseka gave up the party leadership in early 2024 ahead of the presidential election. Senaka de Silva succeeded Fonseka as DP leader, whereas Dr. Asosha Fernando received appointment as its Chairman. The DP has aligned itself with the NPP. The rest is history.

By Shamindra Ferdinando



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Midweek Review

22A: Developing constitutional quagmire

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The government’s high profile project to enact the 22nd Amendment failed to secure any tangible support from anyone outside the NPP, in Parliament or outside. In a statement, the Illankai Thamil Arasu Kadchi (ITAK) noted that the proposed amendment concerned the sovereignty of the people and, therefore, required approval through a referendum. The ITAK, a key member of the six-party Political Council of Tamil-Speaking people (PCTSP) and the second largest party in the Northern and Eastern Provinces, other than the NPP, is opposed to President Dissanayake’s move. Tamil Progressive Party (TPA) leader and former Minister Mano Ganeshan, also of the PCTSP, has rejected the 22nd Amendment. The Island learns that all political parties, represented in the PCTSP, are opposed to the proposed Amendment.

The NPP obtained the most seats at the Parliamentary General Election 2024. Other parties that managed to gain seats in Parliament are the Samagi Jana Balawegaya (SJB/40 seats), Ilankai Tamil Arasu Kadchi (ITAK/8 seats), New Democratic Front (NDF/5 seats), Sri Lanka Podujana Peramuna (SLPP/3 seats), Sri Lanka Muslim Congress (SLMC/1), Sarvajana Balaya (SB/1), United National Party (UNP/1), Democratic Tamil National Alliance (DTNA/1), All Ceylon Tamil Congress (ACTC/1), All Ceylon Makkal Congress (ACMC/1), Jaffna – Independent Group 17 (IND17-1) and the Sri Lanka Labour Party (SLLP/1).

Timeline

* March 30, 2026, BASL wrote to Justice and National Integration Minister Harshana Nanayakkara seeking a meeting to discuss 22A

* May 25, 2026, BASL wrote to President Dissanayake seeking a meeting to discuss the same

* July 16, 2026, BASL wrote again to the Justice Minister underscoring the failure on his part and the President to respond to previous letters

* July 27, 2026, NPP executive committee member advocate Lal Wijenayake declared opposition to the government move

* July 29, 2026, BASL met the Justice Minister, sought a meeting with President Dissanayake

* July 31, 2026, Mahanayakes of four Chapters (Nikayas) wrote a joint letter to President Dissanayake urging him not to go ahead with the 22nd Amendment. But, the Mahanayakes refrained from releasing the letter to the media

* August 3, 2026, BASL disclosed the Mahanayakes’ letter to the President. Justice Minister Nanayakkara, accompanied by Health and Media Minister Dr. Nalinda Jayathissa, visited the Mahanayakes to explain the government stand. But, they denied receiving the crucial letter

* August 7, 2026, UN requested President Dissanayake, in no uncertain terms, to abandon the move.

* August 11, 2026, Government admitted receiving the Mahanayakes letter

* August 18, 2026, 22nd Amendment Bill presented in Parliament. Those opposed to the constitutional amendment began filing petitions. The BASL led the way. By 24 August, 21 petitions were filed.

* August 20, 2026, Catholic Bishops’ Conference urged the government not to proceed without adequate consultations.

* August 24, 2026, BASL, in a motion filed in the Supreme Court, suggested that Chief Justice Preethi Padman Surasena recuse from hearing the petitions

By Shamindra Ferdinando

In support of the ruling National People’s Power (NPP) government’s highly contentious move to enact the 22nd Amendment to the Constitution despite worldwide condemnation by eminent jurists, meant to extend the retirement ages of superior court judges, NPP leader and President Anura Kumara Dissanayake will address a series of countrywide meetings.

Dissanayake is also the leader of the Janatha Vimukthi Peramuna (JVP), the main constituent of the governing party.

Justice and National Integration Minister and Attorney-at-Law Harshana Nanayakkara, on 18 August, 2026, tabled the controversial 22nd Amendment Bill in Parliament. Nanayakkara also tabled the Judicature (Amendment) Bill on the same day. That will pave the way for the increase of the retirement ages of High Court judges to 63 years, and District Court and Magistrate Court judges to 62 years. The government wants to increase the retirement ages of Supreme Court and Court of Appeal judges to 67 and 65, respectively.

However, the government has proposed a six-year term for the Chief Justice but he/she will have to retire at the new mandatory retirement age of 67.

Health and Media Minister, as well as Cabinet spokesman Dr. Nalinda Jayathissa, recently announced the decision to launch the high profile propaganda campaign on 5 September. The NPP and JVP leader has vowed to enact the 22nd Amendment, come what may.

Dissanayake, who took over the party leadership on 2 February, 2014, at the 17th convention of the JVP, and formed the NPP in 2019, has indicated that he wouldn’t, under any circumstances, give up the 22nd Amendment. Dissanayake didn’t mince his words when he received a top level delegation of the Bar Association of Sri Lanka (BASL) at the Presidential Secretariat, on 12 August, to discuss the burning issue wracking the country. It would be pertinent to mention that the BASL raised the issue with Dissanayake, on 25 May, after Nanayakkara ignored their first request, made on 31 March.

The Supreme Court will hear over 20 petitions challenging the constitutionality of the 22nd Amendment Bill. Now that the matter is before the Supreme Court, the main opposition Samagi Jana Balawegaya (SJB) shouldn’t have sought to involve the BASL in a futile attempt to educate the NPP parliamentary group. The BASL, too, should know better. The BASL and SJB are among those who moved the Supreme Court. Against that background it would be unthinkable that the NPP parliamentary group wants to listen to BASL. Government activists, on Monday (24), organised a protest outside BASL Secretariat, NO. 153, Mihindu Mawatha, Colombo 12 demanding the resignation of BASL President Rajeev Amarasuriya.

SJB and Opposition Leader Sajith Premadasa clashed in Parliament with the leader of the House Bimal Rathnayake over his bid to bring in the BASL team to address the whole Parliament. NPP National List lawmaker Najith Indika declared on X that “the Opposition Leader couldn’t call all MPs for meetings. BASL either does not follow parliamentary procedure or knows how to manipulate public perception.”

The Supreme Court will receive petitions during two weeks, after the tabling of the Amendment. The Court should inform the Speaker of its determination within three weeks. Parliament will receive that determination ahead of President Dissanayake completing his second year in Office. The last presidential election was held on 21 September 2024.

Dissanayake won a five-year term and in November, the same year, led the party to a resounding victory at the parliamentary poll. The NPP/JVP position is that both Bills can be enacted with a 2/3 majority. With a mammoth 159 seats in Parliament, the government is confident that its political project can be easily achieved. But, the NPP operation has run into significant opposition with the United Nations, throwing its weight behind the BASL-led campaign.

Tabling of the two Bills on 18 August coincided with the 39th anniversary of the JVP grenade attack on the UNP parliamentary group, in the wake of the signing of the Indo-Lanka peace accord in 1987. Ajith Kumara, at that time a minor parliamentary employee, lobbed a hand grenade at the UNP group meeting, chaired by President J.R. Jayewardena. Prime Minister Ranasinghe Premadasa, too, was present. The then National Security Minister Lalith Athulathmudali narrowly escaped death in the attack that took place in the Committee Room 1 of Parliament. Deniyaya MP and Matara District Minister Keerthi Abeywickrema was killed. The writer covered the funeral, held on 22 August, 1987, at the playground of the Morawaka Maha Vidyalaya. Then the young Minister in charge of Youth Affairs and Employment, Ranil Wickremesinghe, was among those who represented the government at the funeral.

Kumara had been recruited as a sweeper by no less a person than the then Secretary General of Parliament, Nihal Seneviratne. Had Kumara been a member of the proscribed JVP at the time he joined the parliamentary staff or did the JVP approach him later?

The Colombo High Court acquitted Ajith Kumara on 12 October, 1990, and released him from custody on 6 August, 1993. Subsequently, the JVP accommodated Ajith Kumara on the party’s politburo and paved the way for him to contest the Sabaragamuwa Provincial Council poll on the JVP ticket. With fat hopes the JVP named him their chief ministerial candidate.

Key Opp demands

Pointing out that the matter before the Supreme Court judges related to them, the BASL requested that a bench consisting of a full court, comprising all the judges, be constituted to determine the constitutionality of the 22nd Amendment Bill. The BASL also requested the Supreme Court to determine that the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.

In the alternative, the BASL sought determination that Clause 2 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum and Clause 3 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.

Essentially, all petitioners have requested for a full court, comprising all Supreme Court judges and a referendum, if ordered, it’ll be the second instance. The first referendum was held in December 1982. The UNP that won an unbeatable 5/6 majority in a 168-member Parliament, at the 1977 parliamentary election, obtained a mandate of the people to extend the life of Parliament by six years. That utterly undemocratic, unreasonable and treacherous act contributed to the overall deterioration of the country. By the time the 1989 parliamentary poll was held, the police, backed by the armed forces, were fighting the JVP in the South, and the Indian Army, deployed in the Northern and Eastern regions, in terms of the Indo-Lanka Accord.

Former External Affairs Minister Prof. G. L. Peiris, convenor of the Joint Opposition grouping, too, moved the Supreme Court against the 22nd Amendment, and General Secretary of the SJB Ranjith Maddumabandara did the same. Altogether there were nearly two dozen petitioners

Ex-Law Professor Peiris has vigorously campaigned against the government move, and the weekly media briefing. held at former President Wickremesinghe’s Flower Road Office, has become the focal point of the Opposition campaign. Peiris insists that the Supreme Court shouldn’t hear the petitions as justices were direct beneficiaries of the proposed Amendment. Therefore, determination should be made at a referendum. In case the Supreme Court decides to hear the petitions, the full court consisting of all judges should be constituted to determine the constitutionality of the 22nd Amendment Bill, the former parliamentarian has asserted.

As repeatedly stressed by Prof. Peiris, two previous determinations by the Supreme Court that the alteration of superior court judges’ retirement ages should be subject to a referendum cannot be disregarded, under any circumstances. One of the determinations is of crucial importance as former Chief Justice Murdhu Fernando (December 2024 to July 2025) served on the three-member bench that made the far reaching announcement in 2022.

But, the BASL made an unexpected move on Monday. Close on the heels of its petition against the 22nd Amendment to the Constitution, the BASL filed a motion in the Supreme Court suggesting that Chief Justice Preethi Padman Suresena recuse from hearing petitions.

Petitioners BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva cited Attorney General as the respondent in a motion filed in terms of Article 121 read with Article 120 of the Constitution to determine whether the Bill, titled “Twenty Second Amendment to the Constitution,” or any part thereof, is required to be passed by a Referendum in terms of Article 83 of the Constitution.

The BASL pointed out that the first Judge of the Supreme Court, who would benefit if this Bill is enacted into law without the process of a referendum, is the Chief Justice, and further that if a referendum is mandated, then that there is a possibility that the Chief Justice may retire before its completion, and if for those reasons, the Chief Justice wished to recuse from hearing this matter, then the petitioners have requested the Chief Justice to constitute a bench comprising of all other judges in Supreme Court.

The maximum number of Supreme Court and Court of Appeal judges are 17, including the CJ and 20 judges ,including the President of the Court of Appeal, respectively. The NPP caused controversy by not filling vacancies among the superior court judges with the Opposition alleging there were four vacancies each. There’ll be another vacancy among the Court of Appeal judges in the first week of September.

The warning issued by the UN following a spate of other statements from various local and international bodies has brought tremendous pressure on the government. Having initially denied any knowledge of a joint letter, dated July 31, addressed to President Dissanayake by the Malwatta, Asgiriya, Amarapura and Ramanna chapters, the government, on 11 August, admitted the President received the letter.

However, the Catholic Bishops Conference publicly commented on this issue, only on 20 August, after all other concerned parties censured the government over the move. A section of the civil society that portrayed the 22nd Amendment as the panacea for a mountain of cases held up in courts had no option but to sing a different tune after the UN warned the NPP government over the pet project that seemed to have backfired. The UN’s position rattled the government and its backers.

18A and 20A

War-winning President Mahinda Rajapaksa enacted 18th Amendment to the Constitution in early September 2010. That despicable political project did away with a two-term time limit for the executive president and expanded presidential powers over independent commissions. That Bill received 161 votes, two more than the NPP parliamentary group. But, 18A didn’t do any good for President Rajapaksa or his party. Maithripala Sirisena, General Secretary of Mahinda Rajapaksa’s party, betrayed him, won the 2015 presidential election, and created an utterly undesirable political environment that, over a period of 10 years, ruined the country’s major political parties.

The emergence of the NPP as the dominant power should be examined taking into consideration the deterioration of the UNP, SLFP and the SLPP. The UNP and SLFP are no longer represented in Parliament while the SLPP that won a commanding 145 seats at the 2020 parliamentary poll was reduced to just three lawmakers in Parliament. SLPP’s National Organiser Namal Rajapaksa was so concerned about the transformation of the political environment he took refuge in the National List. Had he not taken that precaution, he wouldn’t be in Parliament today. While the SLPP deteriorated from 145 seats to just three, the NPP, whose 2020 parliamentary group consisted of just three, including one National List member (Dr. Harini Amarasuriya) ended up taking 159 seats, the best results achieved under the Proportional Representation system introduced in 1989.

Having handsomely won the 2019 presidential election, Gotabaya Rajapaksa brought in the 20th Amendment aimed at further consolidating his hold on power. Basil Rajapaksa, a dual citizen of Sri Lanka and the US, wanted to enter Parliament through the National List. The Rajapaksas removed a particular clause through the 19th Amendment to enable Basil Rajapaksa to enter Parliament. Subsequently, the SLPP accommodated Basil Rajapaksa in the Cabinet as the all-powerful Finance Minister. He succeeded Mahinda Rajapaksa in July 2021. But by then, the national economy had suffered irreparable damage and the 20th Amendment, meant to consolidate executive power, seemed irrelevant. Public protest campaign that received overt and covert US and Indian backing was launched in March 2022, leading to President Gotabaya Rajapaksa’s unceremonious ouster in July of same year due to India and Western backed violent protests.

The 18th Amendment and the 20th Amendment were enacted at the expense of particularly the 17th and 19th Amendments, respectively.

The Frontline Socialist Party (FSP) has alleged that the 22nd Amendment would enable the government to implement its neoliberal programme. The breakaway JVP group has asserted that the government’s sinister project is intended to remove whatever obstacles to its neoliberal strategy.

FSP’s Education Secretary Pubudu Jayagoda said: “A new Fisheries Act will divide the ocean into plots, lease the fish-rich areas to multinational corporations, and deprive local fishermen the opportunity to catch fish in the deep sea. The biggest obstacle to this is the fishermen. A Quality Assurance and Accreditation Commission Act is being drafted to grant state recognition and legality to degree mills. Three thousand schools are going to be closed, depriving children of the fundamental right to education. To do that, every pillar of the state must be brought under government control. A long list can be given: privatising hospital laboratory services, selling off state institutions, bringing forward new repressive laws like the PSTA (Protection of the State from Terrorism Act), and a new Cooperatives Act that snatches away people’s funds—many things like that. Taking the arbitrary power required to execute these into the hands of the executive is the true objective of this constitutional amendment.”

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Midweek Review

Shakespeare’s female characters

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Ophelia in a scene from Hamlet

Displaying Gender-Based Issues that Resonate with Our Times

by Dr. Siri Galhenage
Psychiatrist [Retd]

In most of William Shakespeare’s plays, the protagonists are male. He created such memorable characters as Hamlet, Othello, King Lear, Macbeth, Julius Caesar, Prospero, Coriolanus, the monarchs of history plays and many others – heroes as well as villains. This was a reflection of the societal values of the time. Women were not permitted to perform on stage, and all female roles were played by young males – a practice that continued for nearly half a century after Shakespeare’s death. This was so even though Elizabeth 1, the learned female monarch of England and Ireland and a humanist, occupied the throne during most of Shakespeare’s writing life [1580–1613], and extended her patronage to his plays.

Nevertheless, compared with his contemporaries Christopher Marlowe and Ben Jonson, Shakespeare wrote a greater number of plays featuring prominent female characters that drove the narratives, providing insights into intra-psychic, interpersonal, social and moral aspects of life.

I have selected two such female characters from Shakespeare’s plays and another from one of his narrative poems to illustrate this idea, focusing primarily on gender based violence – emotional, physical and sexual – that continues to resonate in our own times. I have also chosen another female character who challenged the gender constraints that imposed by contemporary society.

DESDEMONA in Othello

A Victim of Morbid Jealousy

A scene from As You Like It

Jealousy, as a human experience, has many nuances of meaning, ranging from the harmless to the morbid, including delusional forms, with many variations in between. The object of concern in jealousy is the suspicion of unfaithfulness or infidelity on the part of a loved one, commonly a female partner in a marital relationship. In its morbid form, accompanied by intense passion, jealousy has the potential to be destructive and even dangerous, placing the spouse at risk. It is not an uncommon presentation in clinical practice attracting the diagnosis of ‘Othello Syndrome’ although there is disagreement among clinicians about the application of the term.

Othello, a valiant soldier of African heritage in the state of Venice, had no difficulty winning the heart of Desdemona, the attractive young daughter of a prosperous senator. He took her away in defiance of her father’s wish for her to marry into the Venetian nobility. At this point, the Turks were preparing to regain Venetian-held territory in Cyprus, and Othello, recognised for his military prowess, was selected to lead the defence of the territory.

Despite the imminent Turkish attack on Cyprus, Desdemona preferred to remain with her husband rather than stay in Venice. The attack did not eventuate, however, because a violent storm dispersed and destroyed the invading Turkish fleet. The Venetian forces rejoiced, and the occasion provided an added opportunity to celebrate the marriage of Othello and Desdemona.

Casio, a close confidant of Othello, who had been recently promoted to lieutenant, was delegated to supervise the festivities. Cassio’s promotion caused great offence to Iago, who strongly believed that he was better suited to the position. He plotted to take revenge on Othello and Cassio by planting the seed of doubt in Othello’s mind through innuendo and trickery, casting suspicion on Desdemona’s fidelity and on her relationship with good-looking Cassio. Desdemona, a woman of exuberance and humour, became the unwitting focus of Iago’s manipulation.

The dissonance that arose in Othello’s mind eventually reached a climax when he accused his wife of infidelity and became convinced that she should die. Despite Desdemona’s plea for compassion, Othello strangled her to death. On finally gaining insight into the whole saga, Othello fell on his sword beside his wife.

OPHELIA in Hamlet – A Case of Manic Defence in response
to emotional abuse

Hamlet, the Prince of Denmark, takes centre stage in the play of the same name, and his mental processes have been the focus of scrutiny by successive generations of critics.

Young Prince Hamlet is faced with a complex emotional challenge following the sudden death of his father, King Hamlet, he idolised. The late king’s brother, usurper to the throne, hastily marries the widowed queen, denying the young prince his lawful right to sovereignty. Hamlet’s grief is compounded by his outrage towards his mother and his lingering doubts about the circumstances of his father’s death. He lapses into a state of melancholy.

But the impact of Hamlet’s emotional instability and the displacement of his anger onto Ophelia, to whom the prince had professed his love, receive less attention by critics, despite the significant psychological issues raised by her predicament. The episode in which Hamlet directs his anger towards Ophelia – often referred to as the ‘nunnery scene’ – is considered one of the most vicious in all Shakespeare.

Get thee to a nunnery. Why wouldst thou be a breeder of sinners?”…. “If thou dost marry, I’ll give this plague for thy dowry, be thou as chaste as ice, as pure as snow, thou shall not escape calamity. Get thee to a nunnery; go, farewell. Or if thou wilt needs marry, marry a fool, for wise men know well enough what monsters you make of them. To a nunnery go, quickly too. Farewell

Her love for Prince Hamlet was forbidden from the outset by her father, the scheming counsellor, Polonius, and by her brother Laertes; she was obedient to them.  With her dignity destroyed by the very person she loved and her father killed, albeit inadvertently by the hand of her lover, she nevertheless reacted with compassion. With her brother away in France, Ophelia is bereft of any meaningful relationships.

With no one left to confide in, her mind had no alternative but to escape reality. She lapsed into a state of mania – a state of ‘fragile happiness’ with underlying deep sorrow; an unconscious defensive operation of the mind known as ‘manic defence’, as described by Melanie Klein [1882-1960], the  renowned Austrian Psychoanalyst.

In this state of mind, Ophelia presents herself before the king and queen, singing snatches of song concerning love, death and betrayal. Her behaviour is totally out of character to her formerly demure self. Here are a few excerpts from her verses illustrating what might be described as a ‘flight of ideas’.

How should I your true love know/ From another one? / By his cockle hat and staff/ And his sandal shoon…”

“He is dead and gone, lady/ He is dead and gone/ At his head a grass green turf/ At his heels a stone…

They say the owl was a baker’s daughter. Lord we know what we are, but know not what we may be. God be at your table …

Hey non nonny, nonny, hey nonny/ And in his grave rained many a tear …” “You must sing ’Adown adown’ and you call him adown-a.”

Later, Queen Gertrude, Hamlet’s mother, announced that Ophelia ‘Fell in a weeping brook while making garlands from crow-flowers, nettles, daisies and long purples’, and had made no attempt to save herself. At the graveyard two gravediggers discussed whether she deserves a Christian burial as she appeared to have taken her own life.

LUCRECE – in Shakespeare’s narrative poem The Rape

of Lucrece

Reworked from a story by the Roman historian Livy, Shakespeare’s innovative narrative poem, first published in 1594, gives access to the mind of a victim of sexual assault. Set in ancient Rome, the poem gives expression to the agony of Lucrece, the gracious wife of a nobleman, following a savage attack upon her by Sextus Tarquinius, the son of the brutal king Lucius Tarquinius of Rome.

During a joyous conversation, a group of young noblemen were commenting on the virtues of their wives when Collatinus extolled the incomparable beauty and chastity of his beloved Lucrece. Aroused by the description of her elegance, young Sextus makes a covert exit, ‘borne by the trustless wings of desire’ in pursuit of his prey –the peerless dame’, ‘weakly fortressed from a world of harm.

Lucrece warmly welcomes her royal guest, who shows no inward ill or outward harm. He praises her husband’s military prowess, ‘pawning his honour to obtain his lust. During the conversation he scans her beauty and burns with sexual desire, yet ‘is madly toss’d between desire and dread. His ambivalence finally gives way to desire. ‘Desire my pilot, beauty my prize/ ‘Then who fears sinking where such treasure lies?’ This said, he advances upon her, ‘like a falcon towering in the skies, that ‘Coutcheth the fowl with his wings’ ‘So under his insulting falcon lies/ Harmless Lucretia’ shade’, trembling with fear, ‘as fowl hear falcon’s bells’. She ‘lies at the mercy of his moral sting’ and finally succumbs ‘To the rough beast that knows no gentle right/ Nor aught obey but his foul appetite’.

Lucrece is shattered, perplexed and grief-stricken by the unexpected assault on her by her honoured guest. ‘I alone must sit and pine/ Seasoning the earth with showers of silver brine’. She weeps, ‘O unseen shame, invisible disgrace/ O unfelt sore, crest wounding private scar’. Her anguish is further expressed through the image of the violated hive. ’My honey lost, and I, a drone – like bee, have no perfection of my summer left/ But robb’d and ransack’d by injurious theft./ In thy weak hive a wand’ring wasp hath kept/ And suck’d the honey which thy chaste bee kept’.

In this state of mourning, Lucrece despatches two messengers: one to her father in Rome and the other to her husband on the battlefield. On their arrival, she reveals the circumstances of her agony and names the individual responsible. She then stabs herself to death.

Their entourage carry her body through Rome and vow to avenge the death of this incomparable woman of chaste’. By public acclaim the reign of Tarquins is overthrown, and the rule of Rome handed over to the consuls.

A scene from Othello

ROSALIND in ‘As You Like It’ – Challenging the Gender Constraints

One of the few female characters to play a leading role is Rosalind in ‘As You Like It’. She remains much to the liking of many a theatre goer because of her wit, wisdom and inner strength. Rosalind transcends the constraints imposed on women during the Shakespearean era – constraints that continue to resonate in certain cultures even today.

Two young women of noble birth flee the oppressive court in disguise and seek refuge in the Forest of Arden. Rosalind disguised as a young man, Ganymede, while her devoted cousin Celia adopts the name Aliena. As they depart Celia declares, “Now go we in content/ To liberty, and not to banishment.” Orlando, the object of Rosalind’s affection, also escapes to the forest to evade the hostility of his brother. Unaware of Rosalind’s disguise, he expresses his love by hanging verses in her praise upon the trees. Although Rosalind discovers these poems, she chooses to maintain her disguise, using it as an opportunity to test Orlando’s devotion and explore the nature of love, courtship, and the differing gender expectations. The play reaches a conclusion by Rosalind dropping her disguise, and the two uniting in love.

*****

Gender-based violence is recognised globally as a pervasive violation of human rights and a significant social, cultural and public health concern. Violence against women, including emotional, physical and sexual, varies across societies in form and prevalence, and is often rooted in unequal power relations and social structures that perpetuate male dominance. Gender-based violence requires collective action through education, legal protection, economic empowerment, accessible support services and changes in attitudes and cultural practices. Power and influence should not be allowed to shield the perpetrators.

Art, including dramatic and literary art, serves to illuminate human experience. It allows us to explore emotions, ideas and moral dilemmas that may otherwise remain beyond ordinary expression. Art can entertain and inspire, but it can also challenge our assumptions, evoke empathy, and offer new ways of seeing ourselves and the world around us. In this sense, art is not merely a form of aesthetic pleasure; it is a means of understanding what it means to be human.

Desdemona, Ophelia, Lucrece and Rosalind are among Shakespeare’s more prominent female characters. The first three are innocent victims of male violence in different forms, evoking our empathy and compassion; the fourth challenges the gender assumptions and constraints of the time. Together, they illuminate gender-based issues that are both universal and timeless. In this sense, Shakespeare remains ‘our contemporary’, as Jan Kott, Polish-American literary critic, famously observed.

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Midweek Review

Nature’s Distress

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By Lynn Ockersz

Nature’s not on any vengeance trail….

Rather, from dense forests of the West,

Now all aflame in parts as if in rage,

To South-East Asia’s savaging floods,

And Sri Lanka’s fierce dry spells,

Where man and beast are imperiled,

Nature’s signaling she’s distressed,

Over her custodian’s ravenous lust,

Which unceremoniously gobbles-up,

Her graciously bestowed riches;

‘Take warning; slow down at least now’,

She seems to be chiding her wayward son,

‘Be gentle with me and all my treasures,

And I’ll look to your continuing wellness,

But rein-in your self-destructive fire,

Lest it consumes your willful self in full,

And all I have left in your custodial care.’

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