Opinion
Govt. needs to start implementing its plan for reconciliation
By Jehan Perera
The report on Sri Lanka of the UN High Commissioner for Human Rights has been much stronger than anticipated. It has shattered the belief that Sri Lanka was too important a country, in geopolitical terms, for the international community to use to prove a point. In her report, the High Commissioner has stated that Sri Lanka’s disregard of the commitments that it had made should not become an excuse for other countries to follow suit. The recommendations made in the High Commissioner’s report are dangerous. They include a call for targeted economic and travel sanctions on those suspected of human rights violations. The report has recommended the launch of criminal proceedings at the International Criminal Court and an international mechanism to gather evidence. In addition, there is an invitation to countries to take independent action against those deemed to be human rights violators on the basis of universal jurisdiction.
This latter recommendation, in particular has the possible consequence of opening the floodgates to a whole host of law suits filed by aggrieved individuals and human rights organisations. The High Commissioner’s report is therefore a document that cannot be ignored but needs to be responded to with due attention to detail. If the issues raised in it are not dealt with, it can place members of the government and security forces vulnerable to having legal cases and summons placed before them while they are in transit in foreign countries. The legal field in relation to universal jurisdiction is particularly well developed in Western countries.
The doctrine of universal jurisdiction allows national courts to try cases of crimes against humanity and war crimes even if these crimes are not committed in the national territory and even if they are committed by government leaders of other states. The concept is not new, though states have shown an increasing willingness to enlarge the zone of their jurisdiction and to prosecute or extradite those in high places. (See https://www.globalpolicy.org/international-justice/universal-jurisdiction-6-31.html)
UNIVERSAL JURISDICTION
One of the main cases of the practice of universal jurisdiction comes from Chile. The present High Commissioner for Human Rights, Michelle Bachelet herself comes from Chile where she became President for two terms. Her father Alberto Arturo Miguel Bachelet Martínez was a Brigadier General of the Chilean Air Force. He opposed the 1973 coup of General Augusto Pinochet, and was imprisoned and subject to torture for several months until his death in 1974 while in prison. After ending his eight- year term as president, former President Pinochet got himself appointed as Senator for life in Chile with immunity for any crimes he may have committed. The arrest of Augusto Pinochet in London after being indicted by a Spanish magistrate in 1998 signaled changing international norms in the late 1990s.
As a result of the precedents of the Pinochet case, other leaders who were alleged to have committed well-documented crimes have been pursued; the former US Secretary of State Henry Kissinger and Prime Minister Ariel Sharon of Israel. Although an influential and respected person in the US, Henry Kissinger has had to restrict his international travel, because he was wanted in so many jurisdictions either for trial or as a prosecution witness. He served both as Secretary of State and National Security Advisor under the presidential administrations of Richard Nixon and Gerald Ford during the Vietnam War in which large numbers of war crimes took place.
STRONG RESPONSE
The UN Human Rights High Commissioner’s report gives its analysis and recommendations under the topics of “Emerging threats to reconciliation, accountability and human rights; Militarization of civilian government functions; Reversal of Constitutional safeguards; Political obstruction of accountability for crimes and human rights violations; Majoritarian and exclusionary rhetoric; Surveillance and intimidation of civil society and shrinking democratic space; New and exacerbated human rights concerns; Assessment of the implementation of resolution 30/1; Transitional justice and confidence-building measures; Impunity in emblematic cases; Conclusions; Recommendations.” The first indicators of the government’s response to this UN report is that it will respond strongly and show up flaws, biases and weaknesses in the report.
It is likely that the government’s response will be strong as this would be the expectation of the majority of people who voted it to power to put a stop to what they see as excessive international intervention in the internal affairs of the country. However, a strong response to the High Commissioner’s report does not preclude the government from reaching an accommodation with the UN Human Rights Council (which is a separate body and consists of 47 countries which have been elected to sit on it) on the issue of a follow up to its resolutions 30/1 of 2015 and 40/1 of 2017. Reaching accommodation with this body would be a better strategy to follow than one of full scale confrontation as occurred during the period 2011-14 which proved to be costly to the country.
It probably will be easier to reach a compromise agreement with the Human Rights Council which consists of the governments of 47 countries. Already some ambassadors of foreign powers who are expected to be playing a lead role in the deliberations that will take place in Geneva have offered conciliatory messages. US Ambassador Alaina Teplitz has said in an interview that “The support for human rights is absolutely not an effort to bully Sri Lanka or to diminish its sovereignty.” German Ambassador Holger Seubert has tweeted that an “Important UNHRC session coming up in Geneva soon. Hoping that a consensual resolution will be possible.”
Not only are human rights one of the many considerations that governments have, they also consider geopolitics including what is happening in other countries. The latest news is that Myanmar has suffered a military coup and democracy icon Aung San Suu Ki and many of the democratically elected government are under arrest. This is a matter that will necessarily occupy the attention of the Human Rights Council and the secretariat including the High Commissioner. Also, unlike in 2012 and 2013 when it lost in voting at the Human Rights Council in 2021 the balance of global power has shifted and its allies China and Russia much more important on the global stage. However, a confrontational strategy would still pit Sri Lanka against powerful countries, and those who have courts that practice universal jurisdiction, and this is best avoided.
CONSENSUAL RESOLUTION
The possibility of a consensual resolution has been a subject of discussion within the government. Foreign Secretary, Prof Jayanath Colombage, a former Admiral of the Sri Lanka Navy, who was part of a team that designed the cooperative naval strategy with foreign powers that overcame the LTTE at sea, including the US and India, has been quoted as saying that a consensual resolution was under consideration. This would provide the government with an opportunity to set out its roadmap for reconciliation and obtain international support for it without going to a divisive vote.
The High Commissioner’s report has noted that the government’s path to reconciliation will be through the two prongs of reparations and development. The governments of the 47 countries represented in the UN Human Rights Council might be more amendable to this government strategy for reconciliation if they see it is in the process of being implemented. Such a strategy cannot remain only a promise but needs to be seen implemented on the ground right away. While development is a long term process whose visible impact may not be seen immediately, there are several act of reparation that can be done with immediate visibility impacts.
These include increasing the quantum of reparations given to families of the missing from the present sum of Rs 6,000 per month, amnesty for LTTE suspects held for over a decade without indictment or trial and resettlement of the war displaced with housing and livelihoods being provided to them. In her recent media interview, US Ambassador Alaina Teplitz has also given some suggestions regarding what the international community is looking at. She said that “it would be good to see more progress in terms of finalizing the last of land returns, in terms of looking at the independent institutions that had been established previously to address the missing, to address the cause of reparation and finally an institution that was not established for looking at the need for some truth telling so that people can kind of examine the past and move ahead.” Another important symbolic reconciliatory action that can be taken at this time would be to sing the national anthem in Tamil also at the Independence Day celebrations on February 4 particularly in the Tamil majority areas.
Opinion
Pot calling the kettle black?
Doctor Upul Wijayawardhana (eminent physician), posed a riddle for us. He wrote about that island Sri Lanka as ‘ this little dot in the ocean’ when deriding the remark of President Dissanayake who had said that Sri Lanka was a hunduva , a term that indicated a small volume: me hunduve inna puluvan da? (Can you live in this restricted space?) Most sensible people, even uneducated, judge that the volume of a little drop (of whatever) is smaller than that of a hunduva; so is weight. When the learned doctor emphatically maintains ‘….we are not a hunduva’ but ‘… a little dot in the ocean…’, is the pot calling the kettle black or worse?
Physically and population wise, Sri Lanka is neither ‘a little dot’ nor ‘a hunduva. This is all in the rich imaginations of Dissanayake and Wijayawardhana. I once counted that there were more than 50 members of the UN who were smaller than Sri Lanka in physical and population size. England was a sizeable island with a small population in the northwest corner of Europe in late 18th century when it began to become what China, with 1.3 billion people and jutting out to the Pacific, is now. From about 1850, when the population of Great Britain was about 20 million, less than that of Sri Lanka in 2026, it ruled more than half the world. Besides, do not forget Vanuatu, Kiribati, Cook Islands, Antigua and Barbuda, Barbados, Lesotho and New Zealand (who habitually beats us at cricket). New Zealand with 5 million population played against 1.5 billion population India (1:300) for the T20 cricket championship a few weeks ago. I quietly wished New Zealand would win; so much for crap about dots in the Indian Ocean or the south Pacific.
Dr. Wijayawardhana also wrote about history and about ‘The achievements of Hunduwa’. The massive reservoirs and extensive irrigation systems in rajarata and ruhuna as well as the stupa are indeed tremendous works of irrigation and bear witness to superior ingenuity and organising ability, for the time they were built. They compare very well among structures elsewhere in the ancient world. Terms like ‘granary of the East’ must be taken with more than a grain of salt. Facile use of such terms does not take account of whatever shreds of evidence there is of adversity in those times. Monsoon Asia over the ages has more or less regularly suffered from floods, droughts and consequent famines. The last dire famine was in Bengal in 1944. The irrigation works in Lanka were a magnificent response to those phenomena. The modern response has been scientific agriculture making India a major grain exporter, from near famine conditions in 1973-74. Recall Indira Gandhi’s garibi hatao (eliminate poverty) speech to the General Assembly of the UN, that year.
The bhikkhu who wrote down the tripitaka in aluvihara did so because there was the threat of a severe famine in the course of which learned bhikkhu might have come to harm. Buddhist thought over centuries had been passed from generation to generation vocally (saamici patipanno bhagavato savaka (listener) sangho) and the departure from that tradition must have required a major threat of famine. There are stories of bhikkhu from Lanka fleeing from dire straits. In the same vein, while the mahavamsa speaks of kings and their valiant deeds, there is little account of the large mass of little people who lived then. Sensible teaching of the history of a people must include the history of as much of the people as possible and some idea of the history of other peoples in comparable times to avoid feeling dangerously smug and arrogant, which we have seen many times over.
Usvatte-aratchi
Opinion
Ministerial resignation and new political culture
The resignation of Energy Minister Kumara Jayakody comes after several weeks of controversy over his ministerial role. The controversy sharpened when the minister was indicted by the Commission on Bribery and Corruption for a transaction he was involved in ten years ago as a government official in the Fertiliser Corporation. The other issue was the government’s purchase of substandard coal from a new supplier. Minister Jayakody’s resignation followed the appointment of a Special Presidential Commission of Inquiry to investigate coal and petroleum purchases. The minister who resigned, along with the Secretary to the Ministry of Energy, Udayanga Hemapala, stated that they did not wish to compromise the integrity of the investigation to be undertaken by the Commission of Inquiry.
The government’s initial resistance to holding the minister accountable for the costly purchase was based on the argument that the official procedure had been followed in ordering the coal. However, the fact that the procedure permitted a disadvantageous purchase which has come to light on this occasion suggests a weakness in the process. The government’s appointment of the Special Presidential Commission of Inquiry to examine purchases as far back as 2009 follows from this observation. In this time 450 purchases are reported to have been made, and if several of them were as disadvantageous as this one, the cost to the country can be imagined. The need to investigate transactions since 2009 also arises from the possibility that loopholes in official government procedures in the past would have permitted private enrichment at a high cost to the country.
Concerns have been expressed in the past that the purchase of coal and petroleum, often on an emergency basis, enabled the use of emergency procurement processes which do not require going through the full tender procedures. The government has pledged to eradicate corruption as its priority. As a result, the general population would expect it to do everything within its power to correct those systems that permitted such corruption. Accountability is not only forward looking to ensure non-corrupt practices in the present, it is also backward looking to ensure that corrupt practices of the past are discontinued. This would be a matter of concern to those who headed government ministries and departments in previous governments. Those who have misapplied the systems can be expected to do their utmost to resist any investigation into the past.
Politically Astute
One of the main reasons for the government’s continuing popularity among the general population, as reflected in February 2026 public opinion poll by Verité Research, has been its willingness to address the problem of corruption. Public opinion studies have consistently shown that corruption remains one of the top concerns of citizens in Sri Lanka. The arrests and indictments of members of former governments have been viewed with general satisfaction as paving the way to a less corrupt society. At the same time, the resignations of Minister Kumara Jayakody and Secretary Udayanga Hemapala are an indication that not even government members will be spared if they are found to have crossed red lines. This is an important signal, as public confidence depends not only on holding political opponents to account but also on demonstrating fairness and consistency within one’s own ranks.
There appears to be a strategy on the part of the opposition to target government leaders and allege corruption so that ministers will be forced to step down. Organised protests against other ministers, and demonstrations outside their homes, are on the rise. The government appears not to want to give in to this opposition strategy and therefore delayed the resignation of Minister Jayakody until it had itself established the Special Presidential Commission of Inquiry. It enabled the minister to step down without it seeming that the government was yielding to opposition pressure. In political terms, this was a calibrated response that sought to balance the need for accountability with the need to maintain authority and coherence in governance.
The demand by opposition parties to focus attention on the coal problem could also be seen as an attempt to shift the national debate from the corruption of the past to controversies in the present. The opposition’s endeavour would be to take the heat off themselves in regard to the corruption of the past and turn it onto the government by making it the focus of inquiries into corruption. The decision to set up a Special Presidential Commission of Inquiry accompanied by the resignation of the minister and the ministry secretary was a politically astute way of demonstrating that the government will have no tolerance for corruption. It will also help to remind the general public about the rampant corruption of past governments which prevents the opposition’s corruption accusations against the government from gaining traction amongst the people.
New Practice
The resignation of a government minister who faces allegations but has not been convicted is still a relatively new practice in Sri Lanka. The general practice in Sri Lanka up to the present time has been for those in government service, if found to be at fault, to be transferred rather than removed from office. This is commonly seen in the case of police officers who, if found to have used excessive force or engaged in abuse, are transferred to another station rather than subjected to more serious disciplinary action. A similar pattern was seen in the case of former minister Keheliya Rambukwella, who faced allegations of corruption in the health field but was reassigned to a different portfolio rather than removed from government.
Against this background, the present resignation assumes greater importance. It signals a willingness to break with past practices and to establish a higher standard of conduct in public office. However, a single instance does not in itself create a lasting change. What is required is the consistent application of the same principle across all cases, irrespective of political affiliation or convenience. This is where the government has an opportunity to strengthen its credibility. By ensuring that the same standards of accountability are applied to its own members as to those of previous governments, it can demonstrate that its commitment to good governance is not selective.
The establishment of the Special Presidential Commission of Inquiry, the willingness to accept ministerial resignation, and the recognition of systemic weaknesses in procurement are all steps in the right direction. The challenge now is to ensure that these steps are followed through with determination and consistency. If the investigations are conducted impartially and lead to meaningful reforms, the present controversy could mark a turning point. The resignation of the minister should not be seen as an isolated event but as the beginning of a new practice. If it becomes part of a broader pattern of accountability, it can contribute to a new political culture and to restoring public trust in government.
by Jehan Perera
Opinion
Shutting roof top solar panels – a crime
The Island newspaper’s lead news item on the 12th of April 2026 was on the CEB request to shut down rooftop solar power during the low demand periods. Their argument is that rooftop solar panels produce about 300 MW power during the day and there is no procedure to balance the grid with such a load.
We as well as a large academic and industrial consortium members have been trying to promote solar energy as a viable and sustainable power source since the early 1990’s. We formed the Solar Energy Society and made representations to Government politicians about the need to have solar power generation. This continuous promotional work contributed to the rapid increase in PV solar companies from three in the early 1990’s to over 650 active PV solar companies established today in the country. These companies have created tens of thousands of high-quality jobs, as well as moving in the right direction for sustainable development.
However, all these efforts appear to have been in vain since the CEB policy makers have continuously rejected solar energy as a viable alternative. Their power generation plans at that time did not include solar energy at all but only relied on imported coal power plants and diesel power generation. Even at the meetings where CEB senior staff were present, we emphasised the importance of installation of battery storage facilities and grid balancing for which they have done nothing at all over the past three decades. Now they have grudgingly accepted the need to include solar energy, which was an election promise of the present government. The government policy is that Sri Lanka should go for renewables to satisfy 70% of its energy needs by 2030 and soon move towards the green hydrogen technology by using solar and wind energy.
The question is why the diesel generators and hydropower stations cannot be shut off one by one to accommodate the solar power generated during the daytime. Unlike a coal-fired plant, diesel generators and hydro power plants can be shut off in a relatively shorter period of time. Norochchalai Lakvijaya power plant produces around 900 MW of power while the total country requirement is 2500 MW on a daily basis. The remainder is provided by diesel generators, hydro and other renewable energy sources.
The need for work to achieve this goal of grid balancing should be the primary responsibility of the CEB. Modern grid balancing systems are in operation in countries such as Germany where around 56% of its energy come from renewable sources. They also plan to increase this to reach 80% of the energy required through renewables by 2030. Our CEB is hell bent on diesel power plants. Who benefits from such emergency power purchases is anybody’s guess?
The Government and the CEB should realise that all roof top solar plants are privately financed through personal funds or bank loans with no financial burden on the Government. It is a crime to request them not to operate these solar panels and get the necessary credits for the power transmitted to the national grid. It appears that the results of CEB’s lack of grid balancing experience and unwillingness to learn over three decades have now passed to the privately-funded rooftop solar panel owners. It is unfortunate that the Government is not considering the contributions of ordinary individuals who provide clean power to the national grid at no cost to the Government. Over 150,000 rooftop solar panels owners are severely affected by these ruthless decisions by the CEB, and this will lead to the un-popularity of this new government in the end.
by Professors Oliver Ileperuma and I M Dharmadasa
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