Features
Getting it right on human rights
By Jehan Perera
Twice every year, the situation in the North and East of the country resembles that which existed during the three decades of war. One occasion is during 18-19 May, which is the anniversary of the end of the war in 2009. The other is 26-27 November, which used to be celebrated by the LTTE as Heroes Day, when they remember their war dead. Even though the war ended 12 years ago, these two days have the capacity to mobilise the sentiments of the Tamil people, particularly in the North and East and to generate an equivalent opposite reaction in the government, which leads to a heightened military presence. The period 2015-19, in which the government actively sought to promote a reconciliation process that gave more leeway to Tamil sentiment was one of de-escalation.
The wounds of war remain unhealed as the events of the past week have shown. The week leading up to 27 November saw people and organised groups in the North and East preparing to commemorate the war dead and the government preparing to forestall it. Police sought to get prohibition orders from the courts in the hope that the law would prevent the commemoration events from taking place. However, most of the courts did not oblige, and reaffirmed the basic rights to freedom of association and to remember the dead. They also ordered that no LTTE symbols could be displayed and refused to place further limits on the right to memorialise, except to the need to keep within Covid health guidelines. The right to remember is a human right, which the JVP practices faithfully every year, and the law setting up the Office of Reparations offers support to memorialisation.
Despite the presence of a large contingents of security forces in public places, and checkpoints and partrolling, remembrance events took place in most areas in public places and cemeteries, with people lighting lamps and candles. In some places memorials took place in the face of soldiers standing near to them with guns in hand. In other places the large numbers who gathered were not permitted to enter the area they wished to go to, and only a few were permitted in with the rest of them standing out. In many other parts of the North and East more low-key commemorations took place. Due to the heavy security presence and the fear of harassment, intimidation and detention, many opted to hold memorial events in their homes. A journalist was hospitalised after he was allegedly assaulted for taking a photograph of the name-board of the site where the last battle of the war was fought. This suggests the use of arbitrary power.
INTERNATIONAL CENSURE
The heavy-handed actions in the North and East take place at a time when the government is also trying hard to impress the international community that it is serious about improving the human rights situation in the country. The international perception that the human rights situation in the country is deteriorating is very strong. Recently the famous Scotland Yard, which had been training the Sri Lankan police said that they will not renew their training contract with the country’s police force during the remainder of the agreed period, which ends in March 2022. They cited human rights concerns. In recent days, the Bar Association of Sri Lanka and human rights organisations have protested against the deaths in police custody of those accused of drug and other criminal offences. The cessation of training by Scotland Yard is liable to make a bad situation even worse.
However, the Scotland Yard decision is in keeping with the overall international assessment of human rights in Sri Lanka. In its latest report on the global human rights situation, the UK’s Annual Human Rights and Democracy Report issued in July 2021 stated Sri Lanka is among the 31 Human Rights Priority Countries. The January 2021 report on Sri Lanka by the Office of the UN’s High Commissioner for Human Rights (OHCHR) expressed deep concern over “trends emerging over the past year, which represent clear early warning signs of a deteriorating human rights situation and a significantly heightened risk of future violations”. The report further stated that “Security forces increased their surveillance and intimidation of human rights activists and their use of the Prevention of Terrorism Act, with a number of arbitrary arrests. The government proposed new regulations with powers to arrest and send individuals to rehabilitation centres to be ‘de-radicalised’ with no judicial oversight or requirement for further process.”
In June this year the EU parliament gave an early warning that its GSP Plus duty free tax privilege would be withdrawn as a last resort unless Sri Lanka demonstrated that it was serious about keeping to its commitment to uphold human rights. This is an economic benefit that the Sri Lankan economy cannot afford to lose when foreign exchange earnings are much lower than the demand for it and there is a shortage of dollars in the market and new strains of the Covid virus threaten to strike. While the EU resolution states that 12 years on from the end of the war, domestic initiatives for accountability and reconciliation have repeatedly failed to produce results, thus more deeply entrenching impunity and exacerbating victims’ distrust in the system, the EU has indicated that the Prevention of Terrorism Act (PTA) as it currently stands is central to what is unacceptable to them.
INDEPENDENT MONITORING
The government is currently in the process of amending the PTA. It appointed both a committee consisting of senior government officials headed by Defence Secretary General Kamal Gunaratne to submit a report on the PTA, which they have done. Now that report is being vetted by a ministerial subcommittee headed by Foreign Minister Professor G L Peiris who are seeking the views of other sections of society. This past weekend they met with civil society members in the form of the Sri Lankan Collective for Consensus (SLCC), which consists of individuals drawn from civil society organisations that have reconciliation, human rights and peace building aims in their work. Prof Peiris explained that there was no draft legislation as yet to share but only a set of proposals which they wished to discuss with civil society and other groups.
Prof Peiris explained that the changes to PTA proposed were a result of consensus between the Ministries of Foreign Affairs, Justice and Defence and the Attorney General’s Department; these changes are not conceived as one time ones, but as a part of a continuum, there being other changes contemplated that will be agreed on later. He also assured the members of SLCC that changes in legislation will be rapid, and take place early next year. The changes proposed will fall short of expectations of those whose primary concern is human rights, but are an improvement over the present formulation of the PTA. The salient amendments described in the verbal presentation made by Prof Peiris was the shortening of the maximum period of the detention order, restriction in the use of PTA, judicial oversight, supervision by magistrates of detainees, access to lawyers by those detained, speedy trials and repeal of Section 14 with regard to publication. Prof Peiris promised that this was only the start.
The question, and the challenge, will be in the implementation. The present spate of killings in police custody is distressing. In one instance, the lawyers for the person under arrest had warned beforehand that their client will be killed in the next day or days in a shootout, and appealed to the Bar Association and to the police IGP to protect that person’s life but to no avail. All systems collapse and no perpetrator is identified and so there is impunity. In a statement the Bar Association said “Once again, the Sri Lanka Police is involved in an incident which has the hallmarks of an extra judicial killing. This killing comes at a time that Sri Lanka’s human rights record is under scrutiny and there are threats of consequences to the country and its economy as a result of the deteriorating human rights situation…Responsibility for these killings must lie not only with the persons who carried out the killings but also all those who command them and those who failed to ensure the safety and security of the suspect. The BASL calls upon the IGP to explain his failure to protect the suspect who was in Police custody.” There are other changes that need to be made, the most important of which is the need for a system of checks and balances that works and the Sri Lankan state to consider all its citizens to be precious.
Features
How Helmut Kohl braved the tsunami, P-TOMs and Kadirgamar assassination
This is the place to introduce the episode of ex-Chancellor Helmut Kohl of Germany. “This legendary unifier of post war Germany was at a small hotel in Hikkaduwa undergoing Ayurveda treatment when the Tsunami struck. A German Minister who owned a house in Hikkaduwa and visited Lanka regularly had recommended Ayurveda treatment to The Chancellor and head of her party- the Christian Democrats.
The German Embassy was at its wits end because Kohl had disappeared without a trace. They contacted us and we activated our Grama Sevaka network to find that Kohl had been taken to the safety of his home by a hotel employee. When we offered to send a helicopter to bring him to Colombo the Chancellor had replied that it was not necessary as he was well looked after by his host. He came by car the following day in order to thank CBK for her help.
I went to President’s House with Kohl who seemed quite relaxed in his coloured shirt, crumpled pants, a grey seersucker coat and rough boots. He was full of praise for the Sri Lankan people who had helped him and all the tourists in distress due to the Tsunami. Kohl said that he wanted to help in the rehabilitation of the south in his personal capacity. When he got back to Germany he set up a group of rich friends called “Friends of Helmut Kohl” who sent money to build a hospital in Mahamodera, Galle.
The money was lodged in the German Embassy. But the usually lethargic Health department dragged its feet on the construction work on the guise that the money was not sufficient for their grandiose hospital plans ignoring the value of the superb gesture by Kohl. Unfortunately he died before the completion of the project and therefore could not keep his pledge to come to Galle for its opening.
Later in time I was a member of a Parliamentary delegation led by Speaker Karu Jayasuriya which included Sampanthan, Rauf Hakeem, Anura Dissanayake and several others. I suggested to our group that we pay a belated tribute to Helmut Kohl who had died a few months previously. This was immediately welcomed by the parliamentarians and the organizers of the tour and we jointly paid our heartfelt tribute to a great friend of Sri Lanka who was an eye witness to the success of our rehabilitation effort.
Post Tsunami Operational Management Structure (P-TOMS)
The Tsunami was particularly harsh on the eastern and northern coastline because it was directly in the way of the giant waves created in Indonesia and deflected to our shores. It also created a transformation of the political scene and the nature of the war. The LTTE had invested considerable resources in building up its “Sea Tigers”. They wanted control of the northern seas in order to increase their supply of weapons and ammunition. The Sea Tigers established a presence in east Thailand so that arms could be purchased from Cambodia, Vietnam and Thailand. The fighting in the Indo-China theatre was over and the cut rate weapons market was flourishing.
Our embassy in Bangkok had an army officer who was monitoring terrorist activities but he was helpless because Thai officials in the lower echelons were in the pay of the LTTE. In addition to that problem, the mediocre officials of our Foreign Ministry were no match for the determined LTTEers one of whom had married an influential Thai lady. With money coming in from expatriates they had even set up a shipping line which was so well run that they could finance weapons buying for the LTTE with its profits.
We had received intelligence that the LTTE was preparing for a major “Sea Tiger” operation from their base in Mullaitivu. This base area concept shows the advanced thinking of the LTTE which was attempting – then unsuccessfully – to even manufacture a low cost submarine. Fortunately for us the Tsunami wiped out the base of the “Sea Tigers” together with many of their assets such as boats, proto-type submarines and diving gear.
True to form they sent signals for talks which they had earlier broken. Their diaspora had mounted a campaign to collect funds for rehabilitation. At this stage the UN got into the act and with the World Bank and IMF persuaded the CBK government to consider a power sharing arrangement principally for the rehabilitation of the North and East. It was to be called P-TOMS. CBK appointed Jayantha Dhanapala as the head of SCOPP – a secretariat to coordinate the relief effort in the North and East. The World Bank appointed Peter Harrold, its representative in Colombo, to coordinate the P-TOMS effort with SCOPP.
Estimates were made by SCOPP regarding the amount necessary for the rehabilitation of the North and East. This budget became the talking point of several successive regimes who promised to allocate such funds in exchange for Tamil votes in the North. Mahinda Rajapaksa’s agents held this figure as a bait to promote a boycott of the Presidential poll in 2005 which threw the election which was in Ranil’s pocket to MR thereby changing the destiny of the LTTE as well of the country. [MR cleared the 50 percent hurdle by only 25,000 votes].
Perhaps to strengthen the push for P-TOMS, Kofi Annan the Secretary General of the UN arrived with a large contingent of staffers and I was asked to meet and greet him in Katunayake. We gave Annan a grand welcome but he seemed distracted and was only interested in getting his Swedish wife who was hanging back, into the spotlight. CBK had several discussions with him but we ran into a snag in that he wanted to visit the North and meet Prabhakaran.
Perhaps some of the big powers had got to him as he was in the midst of a scandal about his son from his first marriage who was facing charges of corruption. The scandal was rocking UN headquarters. Annan who was elevated from his earlier status as a UN functionary to satisfy African members, was according to several biographers, indebted to the west and could not end his tenure to the satisfaction of the majority of the UN membership.
CBK, already under pressure for mishandling the P-TOMS campaign, was adamant that Annan should not meet the LTTE which would have given the terrorists parity of status with the SL state. Since such an interpretation was circulated by virtually all political parties in the South she was pushed to a very difficult position. After much discussion Annan settled for a helicopter tour of the North. I found that he was a weak leader who was led by his nose by Mark Mallock Brown – his chief of staff, who had been in charge of UN operations even during its disastrous forays in the Congo.
Mallock Brown was later identified as a camp follower of the West who compromised the credibility of the UN. I have memories of Mallock Brown holding forth on their next step here while Annan and Dhanapala were mere passive listeners. This Western initiative of P-TOMS did not finally see the light of day. But it split the ruling coalition of the PA and JVP irrevocably and Mahinda Rajapaksa burnished his credentials as an opponent of the project. He became popular with the PA and its allied parties over and above CBK.
When the P-TOMS project was to be placed before Parliament Mahinda as Prime Minister refused to present it on the floor of the House. CBK was too weak to dismiss him partly because Lakshman Kadirgamar also was a strong opponent of P-TOMS. Instead she got Maithripala Sirisena to present the proposal. But the Opposition which was joined by the JVP including its functioning Ministers, took to the streets. The JVP members demonstrated and disturbed the proceedings from the well of the House and then resigned “en masse” from the government putting its majority in jeopardy. Mahinda’s anti-P-TOMS stand endeared him to the JVP, which had earlier preferred Kadirgamar to him, and helped him to garner votes which went a long way in ensuring his ultimate victory. He had become so powerful that CBK had no option but to accommodate him.
Assassination of Lakshman Kadirgamar
Another blow was struck at CBK and the government by the I TTE when they assassinated Lakshman Kadirgamar near the swimming pool of his house. He had a successful kidney transplant in India – with a Buddhist monk from Balangoda donating a kidney – and was asked to swim regularly as exercise by his doctors. I knew of this arrangement because when we travelled together he always asked the Foreign Office to put him tip in a hotel with a heated swimming pool.
He was about to enter the water in the swimming pool when a LTTE sniper shot him through a window in a neighbourhood flat. This dastardly crime wits condemned unanimously by the international community. India sent her Foreign Minister to attend the funeral. Ksdirgamar’s death brought CBK’s Government to the brink of collapse. The JVP though leaving the Government respected LK and paid a tribute to him by arranging for their leaders to follow his hearse on foot to Kanatte.
It must be mentioned here that LK nearly pipped Mahinda for the post of PM in 2004. He had the backing of the JVP who wanted CBK to appoint LK and in the alternative appoint Maithripala Sirisena as PM. He was also supported by India but CBK was afraid that Mahinda will break up the party if he was deprived of the Premiership. After LK’s demise she undertook a mini reshuffle and Anura Bandaranaike had his ambition of being Foreign Minister realized.
To succeed him as Minister of Industries and Foreign Investment she appointed me in addition to my portfolio of Minister of Finance. Arjuna Ranatunga was the Deputy Minister of Industries and I left most of the administrative work to him. When we had an investment promotion meeting in Delhi I invited Arjuna and Aravinda de Silva to be our delegates and they stole the show among the cricket mad Indian investors. All the tables at dinners hosted by us were taken and we had many friends appealing to us to get them reservations even at the last minute.
We had such good relations that I was invited to take part in popular TV talk shows. I remember that Shekhar Gupta invited me for a discussion on our health services with Kajol – the top Hindi film actress who was brand ambassador for Narendra Modis “clean Bharat” campaign. She was a charming young lady who recounted her enjoyable stay in Sri Lanka when she accompanied her mother Tanuja who was shooting a film in Colombo with Vijaya Kumaratunga as her co-star.
After LKs murder the fear of the LTTE was so strong that CBK could not even attend the funeral ceremony. PM Mahinda Rajapaksa represented her. This death was a bitter blow to me because as an old Trinitian friend he would always consult me on party matters. I still have a letter he wrote to me about a coffee t able book on the art of Stanley Kirinde which he sponsored in honour of our mutual college friend.
(This book is available at the Vijitha Yapa bookshops)
(Excerpted from vol. 3 of the Sarath Amunugama autobiography)
Features
The amazing biodiversity of Sri Lanka:
Nations Trust WNPS Monthly Lecture
An overview of the plants & animals on this magical island
Thursday 19 March 2026, 6.00 pm, Jasmine Hall, BMICH
In the first part of this talk, Author-Photographer Gehan de Silva Wijeyeratne points out that Sri Lanka is disproportionately rich in species. He presents possible reasons for this and then makes the case that Sri Lanka is one of the best all-round wildlife destinations in the world. In the second part of the talk, he takes a whirlwind tour of several branches of the tree of life from bacteria to elephants. He uses this tour of life forms as a framework to showcase the richness of biodiversity in Sri Lanka.
He points out that very little has been done on the study of groups such as fungi and mosses and remarks how his proposal for a special visa for exchange programs, internships and volunteering could enable local academics to gain access to expertise and experienced volunteer hours from people overseas who have a passion for these areas of natural history.
With plants, he outlines the major groups of plants which are the bryophytes, lycopods, ferns and spermatophytes. The latter also knows as seed plants include the conifers (gymnosperms) and flowering plants (angiosperms). He makes reference to what is found in Sri Lanka to illustrate the importance of certain groups, such as the dipterocarp trees which are the giants of the rainforest. His photographs will illustrate examples such as carnivory, because plants employ a wide range of life strategies.
The talk will provide a very brief outline of the animal kingdom with its vast and sprawling evolutionary tree. Starting with animals that evolved early such as the sponges, he will draw attention to a few of the phyla which holds larger animals. Not surprisingly, more attention will be given to the vertebrates which command most of the popular attention. However, he will also reference invertebrate groups such as the butterflies and dragonflies, the two most popular groups of insects. Although Gehan de Silva Wijeyeratne was the first to brand Sri Lanka for big game safaris, in this talk, he will bring in many of the other plant and animal groups which although lacking ‘safari appeal’ are nevertheless important in terms of biodiversity and being the subjects of research.
As Sri Lanka positions itself as a destination for high-value, experience-driven tourism, the conservation of its natural heritage becomes not just an environmental priority but an economic imperative. This lecture will be especially valuable for tourism professionals, hospitality leaders, policymakers, conservationists, students, photographers, and nature enthusiasts seeking to understand the true asset underpinning Sri Lanka’s future.
According to Rohan Pethiyagoda, ‘Gehan de Silva Wijeyeratne is without question the most celebrated field naturalist the country has produced’. Bill Oddie (British TV Naturalist) has said no single individual has done so much to publicise a country for its wildlife. The speaker has authored and photographed more than 25 books and 400 articles and has played a pivotal role in branding Sri Lanka as a wildlife destination.
The WNPS Monthly Lecture Series, established in 2000, is one of Sri Lanka’s longest-running and most respected conservation knowledge platforms. Featuring leading local and international experts, the series addresses critical environmental issues through science-based insights and open public dialogue. Beyond the lecture hall, these sessions foster collaboration, inspire research, and often seed conservation projects and advocacy initiatives. The series remains a cornerstone of Sri Lanka’s conservation community—connecting knowledge with action
The Lecture is supported by Nations Trust Bank and is open all, entrance free
- Sloth Bear – Yala (pix by Gehan de Silva Wijeyeratne)
- Sperm Whale – Kalpitiya
- Sri Lanka Blue Magpie – Sinharaja
- Toque Monkey – Hakgala
- Water Monitor – Diyasaru
- Ceylon Tree Nymph
- Leopard
- Adam’s Gem (Libellago greeni) male – Talangama
- Indian Sunbeam – Beddegana
- Green Pit Viper – Sinharaja
- Dichrostachys cinera – (Andara) Yala
- Asian Elephant – Yala
Features
“THE JR I DISLIKED” – Imthiaz Bakeer Markar
Late Junius Richard Jayawardene, universally known as “JR”, was a colossal presence on the Sri Lankan political landscape in the second half of the twentieth century. Few leaders shaped the institutional architecture, economic direction, and political culture of post-independence Sri Lanka as decisively as he did. Whether admired or criticised, he cannot be ignored.
In The JR I Disliked, Imthiaz Bakeer Markar offers a deeply personal reflection on the man he once opposed and later came to respect. A key figure in the United National Party from 1970 onward, Imthiaz shared much of JR’s political philosophy in his later years. Yet the relationship was not always one of admiration.
I have known Imthiaz since our schooldays at Ananda College, where his political ambitions were already evident. The well-known rivalry between Dudley Senanayake and JR shaped an entire era within the UNP. When disagreements arose between the two leaders, Imthiaz aligned himself with Dudley. That early positioning gives added resonance to the book’s title.
Politics, however, is rarely static. Over time, he developed an appreciation for JR’s intellect, resolve and strategic clarity – hence The JR I Disliked becomes, in many respects, an account of reassessment and evolution.
This booklet, drawn from a lecture delivered at the J. R. Jayewardene Centre, is largely a favourable portrait.
It highlights JR’s political foresight, his role in ushering in economic liberalisation, and his determination to reposition Sri Lanka within a globalising world. Imthiaz writes with the warmth of one who has reflected long and carefully on a complex figure.
Yet, like every statesman of consequence, JR had shortcomings. These receive only brief mention – notably in a short paragraph under “Economic Progression.” One wishes this aspect had been expanded.
The time has surely come to examine not only the triumphs but also the shadows of his tenure.
Did JR do enough to address the mounting ethnic tensions that would later engulf the country in prolonged conflict? Was the decision to disenfranchise Sirimavo Bandaranaike politically prudent or democratically corrosive? Was he, despite his strategic brilliance, a divisive figure? And has the Executive Presidency – with its concentration of power, introduced under his 1978 Constitution – ultimately served Sri Lanka well?
These are not peripheral questions. They are central to understanding his legacy.
It is, of course, natural that a memoir written by a fellow politician will incline toward generosity rather than forensic critique. Yet Imthiaz is, in my considered view, among the most decent and principled politicians Sri Lanka has produced. That may sound like a sweeping statement, but I do not make it lightly. I have observed his political journey over decades — the uncompromising stands he has taken at difficult moments, his willingness to dissent when conscience required it, and his consistent adherence to principle over expediency.
For that reason, his reflections on JR carry weight. They are not those of a sycophant, but of a man who once disagreed, reconsidered, and ultimately chose respect.
I enjoyed reading The JR I Disliked. It is thoughtful, measured, and sincere. At the same time, it invites a broader conversation – one that Sri Lanka must continue to have – about power, responsibility, and the burdens borne by transformative leaders.
(The writer is Adjunct Professor, School of Law, University of Notre Dame, Sydney, Australia)
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