Connect with us

Opinion

Geneva Debacle: Forging a Way Forward

Published

on

By DHARSHAN WEERASEKERA

Attorney-at-Law

Alisdair Pal of Reuters says of the recent UNHRC resolution on Sri Lanka, “the resolution allows the U.N. to “collect, consolidate, analyze and preserve information and evidence and develop possible strategies for future accountability….[it] is a “huge blow” to the Sri Lankan Government including President Gotabaya Rajapaksa.” (“What does the U.N. resolution mean for Sri Lanka, 24th March 2021, www.reuters.com)

To my knowledge, much of the commentary on the resolution follows a similar pattern, i.e. the focus is on what the resolution entails for Sri Lanka, but not the Council. It is vital to focus on this latter aspect in order to facilitate a future defence of Sri Lanka at the Council, and related international forums. In my opinion, the “Core Group” and the other nations that joined them in voting for the resolution, have destroyed the credibility of the UNHRC and thus the institution.

In this article, I focus on the “Core Group’ consisting of the U.K., Canada, Germany, North Macedonia and Montenegro that brought the resolution. I argue that the existence of such a group within the UNHRC makes a mockery of the principles and purposes behind the Council’s founding statutes, U.N. General Assembly resolution 60/251 and UNHRC resolution 5/1 (“Institution-building in the Human Rights Council”).

The UNHRC and the “Core Group”

The U.N. General Assembly created the Human Rights Council in March 2006 as a replacement for the U.N. Commission on Human Rights that had been functioning since 1993. Many people accused the Commission of having become too politicised and biased. Therefore, the “Charter” of the Council was formulated to ensure that the new institution would not follow its predecessor. Paragraph 4 of UNGA res. 60/251 states inter alia:

“The work of the Council shall be guided by the principles of universality, impartiality, objectivity and non-selectivity, constructive international dialogue and cooperation.”

Meanwhile, para 5 (e) states:

“[The Council shall] undertake a universal periodic review, based on objective and reliable information, of the fulfillment by each State of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States; the review shall be a cooperative mechanism.”

To my knowledge, there is no other mention of a specific mechanism through which the Council should carry out its work. Therefore, it is reasonable to suppose that the framers envisioned that the Universal Periodic Review (UPR) was the best means through which the institution could carry out its work while conforming to the principles enunciated in para 4.

To turn to the Council’s other founding statute—UNHRC resolution 5/1 of June 2007—Annex 1 of the resolution sets out detailed instructions in regard to the Universal Periodic Review. Para 1 of the annex states that the basis of the review shall be: a) the U.N. Charter, b) the Universal Declaration of Human Rights, c) Human Rights instruments to which a State is a party and d) voluntary pledges and commitments by States.

Meanwhile, Para 2 states: “In addition to the above and given the complementary and mutually interrelated nature of human rights law and international humanitarian law, the review shall take into account applicable international humanitarian law.”

The fact that the instructions for the UPR include a mandate to look into humanitarian law issues, means that the framers envisioned that if a particular country is accused of violating humanitarian law, such matters could also be reviewed through the UPR mechanism. Therefore, the following question arises: If, as alleged by Sri Lanka’s critics there are rampant human rights abuses going on in this country or humanitarian law issues that remain unaddressed, then why could not these issues be taken up through the UPR process rather than through country-specific resolutions?

Neither UNGA res. 60/251 nor UNHRC res. 1/5 prohibit the Council from resorting to country-specific resolutions. However, reason and common sense suggest that where recourse to a country-specific resolution is made, it should be for an occasion or crisis of a magnitude or urgency that cannot normally be dealt with under the UPR. Otherwise, it makes no sense to have the UPR.

It necessarily follows that, if the Council determines that a crisis of a magnitude or urgency that cannot be addressed through the UPR exists in a particular country, such determination must also be made through an open, objective and impartial process of assessing and evaluating the relevant evidence, including by giving the accused country adequate time and opportunity to speak in its defence.

Now, let us turn to the “Core Group.” In this regard, one must consider three points. First, the “Core Group” is a self-appointed group and does not have a mandate either from the Government of Sri Lanka or any U.N. organ, including the UNHRC, to monitor the human rights situation in Sri Lanka.

Second, some members of the group, notably the U.K. and Canada, have domestic political reasons to involve themselves in Sri Lanka’s internal affairs. In regard to this, the following matters are relevant. First, there is a 2009 Wikileaks cable by an American diplomat to his bosses in Washington, detailing his conversations with the head of the Sri Lanka Desk at the British Foreign Office. He says inter alia:

“Waite said that much of HMG and ministerial attention to Sri Lanka is due to the “very vocal” Tamil Diaspora in the U.K., numbering over 300,000 … .He said that with elections in the horizon the Government is paying particular attention to Sri Lanka with [David] Miliband recently remarking to Waite that he was spending 60 percent of his time on at the moment on Sri Lanka.” (“Wikileaks: David Miliband championed aid to Sri Lanka to win votes of Tamils in U.K.” The Telegraph, 22nd January 2012)

Some people might object that the above happened when the Labour Party was in power, and now that the Conservatives have taken over things are different. However, the Conservatives are under just as much pressure to win Tamil votes, and this is proved among other things by the conduct of former PM David Cameron on his visit to Sri Lanka in November 2013 for the Commonwealth Heads of Government meeting. No sooner had he landed, he gave a speech scolding then President Mahinda Rajapaksa for his treatment of the Tamils and was whisked off to Jaffna to commiserate with the folks there. This behaviour shocked even some English people. The well-known columnist Rod Liddel wrote derisively:

“Normally, when one is a guest in someone else’s country, it is incumbent to be polite, even deferential. But the prime minister is aware that this does not apply to Sri Lanka …. So, it is to David Cameron’s immense credit that he struck the right tone when addressing his Ceylonese jonny. It is the tone of a member of the Eton upper sixth addressing some errant fag who has failed to buff his shoes to the correct level of shine, through either incompetence or negligence.” Rod Liddel, “That is the President of Sri Lanka, PM, not one of your fags,” Times of London, 17-11-2013, www.thetimes.co.uk)

Meanwhile, in the recent past, the Conservative Party in its manifesto for the 2019 Parliamentary elections, had a clause calling for a “two-State solution” in Sri Lanka, and that clause was corrected only after stringent protest from the Sri Lankan Government. To repeat, the Conservative Party has just as much reason as Labour to court the Tamil vote, and it is reasonable to suppose that with the present action at the UNHRC, PM Boris Johnson and his cohorts have achieved a veritable “coup” in that regard.

To turn to Canada, Martin Collacott, a former Canadian High Commissioner to Sri Lanka, writing in The National Post in 2005, says, “LTTE-friendly community leaders are willing to ensure that liberal candidates win votes in Tamil-heavy urban constituencies provided the Federal Government turns a blind eye to fundraising” (Martin Collacott, “Canada’s role in Tamil terror,” The National Post, 26-1-2005). In sum, the U.K and Canada have ulterior motives to be interested in Sri Lanka, and this makes the motives of the Core Group as such suspect.

Finally, to my knowledge, the “Core Group” has not submitted to the Council any report explaining that the purported human rights problems they see in Sri Lanka cannot be pursued through the Universal Periodic Review, and must instead be addressed through country-specific resolutions.

Conclusion

To accept what the Core Group has done is to accept that rich and powerful nations joined by poorer nations that they can coerce, cajole or influence, can decide by themselves that a particular country has a human rights “problem”, and proceed to take action against such nation at the UNHRC, without ever establishing before the Council that the “problem” of which they complain actually exists, and all the while violating the purposes and principles of the Council as well as the right to a fair hearing of the targeted nation. Sri Lankans must do everything in their power to hold the Core Group accountable for their actions.



Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Opinion

Labour exploitation at Sri Lankan audit firms: A regulatory blind spot

Published

on

A recent tragedy of a young audit professional has prompted a nationwide conversation on Sri Lanka’s audit work culture. What was initially described as an untimely passing has since raised serious concerns about excessive workloads, workplace responsibility, and the well-being implications of the professional pressure. Accordingly, this article seeks to explore prevailing audit culture and professional practices in Sri Lanka, and highlights areas where thoughtful reform may be considered

The Evolution of Accounting and Finance Education in Sri Lanka

Over the past several decades, accounting and finance education in Sri Lanka has evolved from a narrowly technical field into a recognised professional discipline. Universities and professional institutions now offer specialised programmes aligned with international standards, covering accounting, finance, auditing, taxation, and corporate governance.

Professional bodies have modernised curricula by incorporating international accounting and auditing standards, ethics, and governance related content. As a result, Sri Lankan accounting graduates develop both technical competence and professional judgment, enabling them to compete successfully in multinational corporations, international audit networks, and global financial institutions, both locally and overseas.

This progress reflects a broader national commitment to professional excellence. Accounting and finance are now recognised as disciplines central to economic governance, market transparency, investor confidence, and public trust.

Why Professional Qualifications Matter

Professional qualifications often act as gateways to the corporate world. Professional pathways in Sri Lanka include qualifications offered by the Institute of Chartered Accountants of Sri Lanka (ICASL), the Association of Chartered Certified Accountants (ACCA), the Chartered Institute of Management Accountants (CIMA), the Institute of Chartered Professional Managers (ICPM), and the Association of Accounting Technicians (AAT).

For employers, these qualifications signal technical competence, ethical compliance, and completion of structured practical training. For students, they represent professional legitimacy, career security, and upward mobility.

Therefore, families and students invest significant time and resources in this pathway, reflecting its importance, often exceeding the practical value of a degree alone. Qualified professionals trained through this system contribute to both Sri Lanka’s domestic financial sector and overseas markets.

The Growth and Public Role of the Audit Sector

Alongside educational development, Sri Lanka’s audit sector has expanded in scale and influence as businesses have become more complex and globally connected. Audit firms now operate across the listed companies.

Audit firms perform an important public interest function by assuring the credibility of financial information, supporting investor confidence, and underpinning regulatory compliance and corporate governance. Beyond service delivery, they also act as professional institutions that determine norms and train future leaders in accounting and finance.

As a result, internal practices within audit firms, including organisational culture, workload expectations, remuneration, and supervision, have implications that extend beyond individual workplaces, influencing professional judgment, audit quality, and long-term public trust.

The Dream of Becoming a Chartered Accountant

For thousands of young Sri Lankans, becoming a Chartered Accountant represents one of the most respected professional ambitions. It is widely viewed as a symbol of discipline, resilience, and upward mobility. Students enter the pathway with the expectation that years of study, sacrifice, and perseverance will ultimately lead to professional recognition and stability.

A defining feature of this pathway is mandatory practical training. To qualify, students must complete a prescribed period of supervised training, most commonly within audit firms. This requirement is designed to bridge theory and practice, ensuring that academic knowledge is reinforced through real world exposure, professional supervision, and ethical decision making.

In practice, securing a training position is often the most decisive and competitive stage of the journey. Without completing this training, the qualification remains unattainable regardless of examination success. Therefore, audit firms are not only employers but also essential gatekeepers to professional advancement, controlling access to qualifications, experience, and future career opportunities.

Where the System Begins to Strain

This structure, while well intentioned, creates a significant imbalance of power. Trainees depend on audit firms not only for income, but also for the completion of their professional qualification. In such circumstances, questioning workloads, working hours, or basic welfare provisions can feel risky. Many trainees remain silent, fearing that concerns could delay qualification or affect future career prospects.

Audit work is demanding worldwide, particularly during peak reporting periods. Long hours, tight deadlines, and intense fieldwork are widely recognised features of the profession. However, the concern arises when these pressures become normalised without sufficient regard for rest, safety, remuneration, or minimum working conditions.

Training allowances and entry-level remuneration in audit firms are often modest relative to workloads and expectations, with trainee allowances typically ranging from LKR 10,000 to 20,000 per month, despite daily working hours that frequently extend 8 to 12 hours. Many trainees accept low pay and long hours as temporary sacrifices in pursuit of long-term professional goals. Over time, when such conditions are justified as “part of training,” unhealthy practices risk becoming normalised and embedded within professional culture.

Such environments may still produce technically competent professionals, but at the cost of burnout, ethical fatigue, and reduced long term engagement with the profession.

A Regulatory Blind Spot

In Sri Lanka, audit firms are regulated by CA Sri Lanka with respect to professional standards, ethical conduct, examinations, and prescribed training requirements, thereby playing an important role in maintaining the profession’s credibility and international standing. This is a professional regulation.

However, professional regulation serves a different purpose from organisational or workplace oversight. While audit firms are subject to general labour laws, there is no audit specific public oversight mechanism that systematically reviews audit firms’ internal governance, remuneration structures, or training environments.

This creates a regulatory asymmetry. Audit firms scrutinise others under detailed regulatory frameworks, yet their own internal systems are not subject to equivalent public review. Given the large population of trainees with limited bargaining power, this gap may affect professional sustainability, audit quality, and public trust.

Following a recent tragedy involving a trainee, CA Sri Lanka issued a public condolence statement acknowledging stakeholder concerns and confirming that the circumstances are under review.

Looking Ahead

To strengthen the long-term sustainability of the audit profession, Sri Lanka may consider the following measures:

* Establish a dedicated public oversight body for audit firms, with responsibility for monitoring firm level governance, training environments, and organisational practices, complementing existing professional regulation.

* Introduce transparency reports for audit firms, requiring disclosure of governance structures, quality control systems, training arrangements, and continuing professional education practices.

* Apply modern labour governance principles, drawing on modern slavery frameworks used internationally that emphasise prevention, transparency, and early identification of labour related risks.

* Improve visibility of trainee remuneration and workload practices, particularly where mandatory training creates structural dependency.

* Strengthen coordination between professional self-regulation and public oversight, ensuring that professional excellence is supported by sustainable and accountable organisational environments.

These measures do not imply illegality or misconduct. Rather, they reflect an opportunity to align Sri Lanka’s audit profession with evolving global norms that prioritise transparency, dignity, and long-term public confidence. If audit firms are entrusted with holding others accountable, the systems governing them must also reflect responsibility toward the people who sustain the profession.

by Sulochana Dissanayake

Senior Lecturer at Rajarata University of Sri Lanka | Sessional Academic & PhD Candidate at Queensland University of Technology (QUT)
and

by Prof. Manoj Samarathunga

Faculty of Management Studies
Rajarata University of
Sri Lanka Mihintale

Continue Reading

Opinion

Buddhist insights into the extended mind thesis – Some observations

Published

on

It is both an honour and a pleasure to address you on this occasion as we gather to celebrate International Philosophy Day. Established by UNESCO and supported by the United Nations, this day serves as a global reminder that philosophy is not merely an academic discipline confined to universities or scholarly journals. It is, rather, a critical human practice—one that enables societies to reflect upon themselves, to question inherited assumptions, and to navigate periods of intellectual, technological, and moral transformation.

In moments of rapid change, philosophy performs a particularly vital role. It slows us down. It invites us to ask not only how things work, but what they mean, why they matter, and how we ought to live. I therefore wish to begin by expressing my appreciation to UNESCO, the United Nations, and the organisers of this year’s programme for sustaining this tradition and for selecting a theme that invites sustained reflection on mind, consciousness, and human agency.

We inhabit a world increasingly shaped by artificial intelligence, neuroscience, cognitive science, and digital technologies. These developments are not neutral. They reshape how we think, how we communicate, how we remember, and even how we imagine ourselves. As machines simulate cognitive functions once thought uniquely human, we are compelled to ask foundational philosophical questions anew:

What is the mind? Where does thinking occur? Is cognition something enclosed within the brain, or does it arise through our bodily engagement with the world? And what does it mean to be an ethical and responsible agent in a technologically extended environment?

Sri Lanka’s Philosophical Inheritance

On a day such as this, it is especially appropriate to recall that Sri Lanka possesses a long and distinguished tradition of philosophical reflection. From early Buddhist scholasticism to modern comparative philosophy, Sri Lankan thinkers have consistently engaged questions concerning knowledge, consciousness, suffering, agency, and liberation.

Within this modern intellectual history, the University of Peradeniya occupies a unique place. It has served as a centre where Buddhist philosophy, Western thought, psychology, and logic have met in creative dialogue. Scholars such as T. R. V. Murti, K. N. Jayatilleke, Padmasiri de Silva, R. D. Gunaratne, and Sarathchandra did not merely interpret Buddhist texts; they brought them into conversation with global philosophy, thereby enriching both traditions.

It is within this intellectual lineage—and with deep respect for it—that I offer the reflections that follow.

Setting the Philosophical Problem

My topic today is “Embodied Cognition and Viññāṇasota: Buddhist Insights on the Extended Mind Thesis – Some Observations.” This is not a purely historical inquiry. It is an attempt to bring Buddhist philosophy into dialogue with some of the most pressing debates in contemporary philosophy of mind and cognitive science.

At the centre of these debates lies a deceptively simple question: Where is the mind?

For much of modern philosophy, the dominant answer was clear: the mind resides inside the head. Thinking was understood as an internal process, private and hidden, occurring within the boundaries of the skull. The body was often treated as a mere vessel, and the world as an external stage upon which cognition operated.

However, this picture has increasingly come under pressure.

The Extended Mind Thesis and the 4E Turn

One of the most influential challenges to this internalist model is the Extended Mind Thesis, proposed by Andy Clark and David Chalmers. Their argument is provocative but deceptively simple: if an external tool performs the same functional role as a cognitive process inside the brain, then it should be considered part of the mind itself.

From this insight emerges the now well-known 4E framework, according to which cognition is:

Embodied – shaped by the structure and capacities of the body

Embedded – situated within physical, social, and cultural environments

Enactive – constituted through action and interaction

Extended – distributed across tools, artefacts, and practices

This framework invites us to rethink the mind not as a thing, but as an activity—something we do, rather than something we have.

Earlier Western Challenges to Internalism

It is important to note that this critique of the “mind in the head” model did not begin with cognitive science. It has deep philosophical roots.

Ludwig Wittgenstein

famously warned philosophers against imagining thought as something occurring in a hidden inner space. Such metaphors, he suggested, mystify rather than clarify our understanding of mind.

Similarly, Franz Brentano’s notion of intentionality—his claim that all mental states are about something—shifted attention away from inner substances toward relational processes. This insight shaped Husserl’s phenomenology, where consciousness is always world-directed, and Freud’s psychoanalysis, where mental life is dynamic, conflicted, and socially embedded.

Together, these thinkers prepared the conceptual ground for a more process-oriented, relational understanding of mind.

Varela and the Enactive Turn

A decisive moment in this shift came with Francisco J. Varela, whose work on enactivism challenged computational models of mind. For Varela, cognition is not the passive representation of a pre-given world, but the active bringing forth of meaning through embodied engagement.

Cognition, on this view, arises from the dynamic coupling of organism and environment. Importantly, Varela explicitly acknowledged his intellectual debt to Buddhist philosophy, particularly its insights into impermanence, non-self, and dependent origination.

Buddhist Philosophy and the Minding Process

Buddhist thought offers a remarkably sophisticated account of mind—one that is non-substantialist, relational, and processual. Across its diverse traditions, we find a consistent emphasis on mind as dependently arisen, embodied through the six sense bases, and shaped by intention and contact.

Crucially, Buddhism does not speak of a static “mind-entity”. Instead, it employs metaphors of streams, flows, and continuities, suggesting a dynamic process unfolding in relation to conditions.

Key Buddhist Concepts for Contemporary Dialogue

Let me now highlight several Buddhist concepts that are particularly relevant to contemporary discussions of embodied and extended cognition.

The notion of prapañca, as elaborated by Bhikkhu Ñāṇananda, captures the mind’s tendency toward conceptual proliferation. Through naming, interpretation, and narrative construction, the mind extends itself, creating entire experiential worlds. This is not merely a linguistic process; it is an existential one.

The Abhidhamma concept of viññāṇasota, the stream of consciousness, rejects the idea of an inner mental core. Consciousness arises and ceases moment by moment, dependent on conditions—much like a river that has no fixed identity apart from its flow.

The Yogācāra doctrine of ālayaviññāṇa adds a further dimension, recognising deep-seated dispositions, habits, and affective tendencies accumulated through experience. This anticipates modern discussions of implicit cognition, embodied memory, and learned behaviour.

Finally, the Buddhist distinction between mindful and unmindful cognition reveals a layered model of mental life—one that resonates strongly with contemporary dual-process theories.

A Buddhist Cognitive Ecology

Taken together, these insights point toward a Buddhist cognitive ecology in which mind is not an inner object but a relational activity unfolding across body, world, history, and practice.

As the Buddha famously observed, “In this fathom-long body, with its perceptions and thoughts, I declare there is the world.” This is perhaps one of the earliest and most profound articulations of an embodied, enacted, and extended conception of mind.

Conclusion

The Extended Mind Thesis challenges the idea that the mind is confined within the skull. Buddhist philosophy goes further. It invites us to reconsider whether the mind was ever “inside” to begin with.

In an age shaped by artificial intelligence, cognitive technologies, and digital environments, this question is not merely theoretical. It is ethically urgent. How we understand mind shapes how we design technologies, structure societies, and conceive human responsibility.

Buddhist philosophy offers not only conceptual clarity but also ethical guidance—reminding us that cognition is inseparable from suffering, intention, and liberation.

Dr. Charitha Herath is a former Member of Parliament of Sri Lanka (2020–2024) and an academic philosopher. Prior to entering Parliament, he served as Professor (Chair) of Philosophy at the University of Peradeniya. He was Chairman of the Committee on Public Enterprises (COPE) from 2020 to 2022, playing a key role in parliamentary oversight of public finance and state institutions. Dr. Herath previously served as Secretary to the Ministry of Mass Media and Information (2013–2015) and is the Founder and Chair of Nexus Research Group, a platform for interdisciplinary research, policy dialogue, and public intellectual engagement.

He holds a BA from the University of Peradeniya (Sri Lanka), MA degrees from Sichuan University (China) and Ohio University (USA), and a PhD from the University of Kelaniya (Sri Lanka).

(This article has been adapted from the keynote address delivered
by Dr. Charitha Herath
at the International Philosophy Day Conference at the University of Peradeniya.)

Continue Reading

Opinion

We do not want to be press-ganged 

Published

on

Reference ,the Indian High Commissioner’s recent comments ( The Island, 9th Jan. ) on strong India-Sri Lanka relationship and the assistance granted on recovering from the financial collapse of Sri Lanka and yet again for cyclone recovery., Sri Lankans should express their  thanks to India for standing up as a friendly neighbour.

On the Defence Cooperation agreement, the Indian High Commissioner’s assertion was that there was nothing beyond that which had been included in the text. But, dear High Commissioner, we Sri Lankans have burnt our fingers when we signed agreements with the European nations who invaded our country; they took our leaders around the Mulberry bush and made our nation pay a very high price by controlling our destiny for hundreds of years. When the Opposition parties in the Parliament requested the Sri Lankan government to reveal the contents of the Defence agreements signed with India as per the prevalent common practice, the government’s strange response was  that India did not want them disclosed.

Even the terms of the one-sided infamous Indo-Sri Lanka agreement, signed in 1987, were disclosed to the public.

Mr. High Commissioner, we are not satisfied with your reply as we are weak, economically, and unable to clearly understand your “India’s Neighbourhood First and  Mahasagar policies” . We need the details of the defence agreements signed with our government, early.

 

RANJITH SOYSA 

Continue Reading

Trending