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Has Israel a Right to Exist?

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by Gamini Seneviratne

Over 50 years ago in the aftermath of what is miscalled a six-day “war” through which the heavily armed Israeli armed forces slaughtered tens of thousands of Palestinian civilians and appropriated vast tracts of their land, I wrote “Draft for a Lyrical Ballad” (1968) part of which is given below. It was also a period marked by Robert Kennedy’s battles against Lyndon Johnson and the assassination of that Kennedy as well. It also refers to the twin agitations that shake the world and confront the West today.

America, you’re like me, a tired balloon

Looking up into the sky

On a clear, cold night

Waiting for all human sounds to die.

With the unremitting aid of the principal war mongers on this planet, the USA, Israel has acquired and used against unarmed people a whole array of the most obscene weaponry developed by Man (the caps serves to distinguish that entity from humankind)

In his essay of December 26, 2009, (Information Clearing House) “And What Rough Beast Slouches Towards Gaza? Operation Cast Lead and the Dismembering of a People”, Vincent Di Stefano places before the world some particulars of Israel’s criminal attacks on the people of Palestine. A few particulars follow:

Twelwe years ago Israel already had 180,000 heavily armed regular troops in their “defence” forces, 140,000 conscripts, 4,300 impenetrable Merkava battle tanks, 10,000 light tanks and armoured cars, 500 missile-laden fighter jets, 1,340 helicopters, three submarines, three destroyers and smaller warships. And the full might of Israeli military force was projected into the tiny space of Gaza during the three-week period from December 27, 2008 to January 18, 2009. (Further details of what the so-called Israeli-Arab ‘wars’ have meant for the people of Palestine were included in my note of 2006 that follows below).

And right now in the midst of (or, perish the thought, in support of?) the carnage being visited on the Palestinians, US President Biden has offered them over $700 million worth of military hardware. Oh, and yes, he has also offered via USAID, a sum of $ 10 million to Palestine. To be channeled through Israel. Naturally. Biden, in whom people located hopes for humanitarian governance has, after all, done no more than confirm that America has no shame.

Let us look at what the engagement of the rulers of America (its military-industrial coalition) with Israel translates into. In February 2009, investigative journalist Conn Hallinan was to describe Gaza as “Death’s Laboratory.” Israel’s new weapons had caused injuries never before seen in the hospitals of Gaza. Many of these were the result of the widespread use of a new class of weapons called Dense Inert Metal Explosive (DIME). These were initially developed by the US Air Force and scientists from the University of California’s Lawrence Livermore Laboratory in 2000.

DIME weapons consist of a high explosive core around which is wrapped powdered tungsten alloy in a carbon fibre container. On detonation, the tungsten sprays out explosively over a ten-meter radius shredding everything in its field. The resultant injuries are truly shocking. Norwegian doctor Mads Gilbert commented: “The muscles are sort of split from the bones, hanging loose, and you also have quite severe burns. . . . Those inside the perimeter of this weapon’s power zone will be torn completely apart. We have seen numerous amputations that we suspect have been caused by this.”

Here follows my note of 15 years ago on The Holocaust in Palestine.

In his Foreword to “The Little Drummer Girl”, John Le Carre reports that in Israel he was repeatedly assured that the “Palestinians are not a people.” What were they then? “A leftover rabble of peasants and layabouts whose only task for two thousand years was to keep the Jewish homeland ticking over until its rightful owners returned.”

That such was far from being the case may be gathered from the following: These are the words of the best-known British explorer of Arabia, Wilfred Thesiger. He was writing in the 1940s, around the time the Zionist ‘state’ was being set up: “I went to the ‘Empty Quarter’ with a belief in my own racial superiority, but in their tents I felt like an uncouth, inarticulate barbarian, an intruder from a shoddy and materialistic world”. How many in the White House, the State Department, the US Congress would understand such words, grasp such realities?

In a thumbnail account of how Israel has acted in that enterprise in the 1970s, Le Carre writes, “Israeli jets bombed the crowded Palestinian quarter in Beirut on the pretext that it was intended ‘to destroy the leadership’, – “though there were no leaders at all among the several hundred dead, unless, of course, there were future leaders among the many children killed.”

They obviously feel that they can get away with this savage treatment of the inhabitants of Palestine in their own land. Israel, in short, is a rogue state built on a violent process of encroachment into Palestine. ‘Legitimacy’ for its operations is traced to a sanction received from yet other intruders: the British and the French. One must begin the story of Israel with a look at the legitimacy of those who ‘sanctioned’ its creation. The so-called ‘Balfour Declaration’ (the caps there, some may think, give it some kind of legality) was no more than a personal letter of one paragraph from Balfour to his friend and creditor, Rothschild.

The most generous account by a Lankan of the Jewish intrusion into Palestine, now a totally unbridled invasion, was published 70 years ago in the ‘Ceylon Daily News’ by its Editor-in-Chief, H A J Hulugalle, an experienced and even-handed commentator. The substance of his report was that “The Jews of the world are concentrating on the gradual buying up of Palestine”. One such purchase, of 16,000 acres of a swamp that yields the water for agriculture in the Huleh valley, was made despite the protests of the Palestinians. It was bought for 200,000 English pounds off a young ‘absentee landlord’ domiciled in Syria, whose interest in the land was not in his fellow Arabs but in the waterfowl for his table. The ‘compromise’ imposed by the British occupiers of Palestine required the Jews to drain the land and render it malaria free; ‘in return’, the Palestinians were to have their land reduced by two-thirds of it! Those were relatively early days.

When Jewish immigration began in earnest in the late 19th century, (long before ‘the holocaust’ they keep talking about), there were only about 15,000 Jews in Palestine. In 1893 the Arabs comprised roughly 95 percent of the population. Even when Israel was founded, over fifty years later, Jews were only about 35 percent of Palestine’s population and owned seven percent of the land. ‘The Palestinian Problem’ today, as it has been for many decades, is that the Jews want as much of the land as they can lay their hands on, the ports, the sites sacred to Christianity and Islam – plus, of course, ALL the water that over the centuries had sustained the people of Palestine and Jordan.

Ben-Gurion wrote in 1941 that “It is impossible to imagine general evacuation [of the Arab population] without compulsion, and brutal compulsion.” In 1947-48, when Jewish forces drove up to 700,000 Palestinians into exile, Ben-Gurion had told Nahum Goldmann, president of the World Jewish Congress, “If I were an Arab leader I would never make terms with Israel. That is natural: we have taken their country. . . . We come from Israel, but two thousand years ago, and what is that to them? There has been anti-Semitism, the Nazis, Hitler, Auschwitz, but was that their fault? They only see one thing: we have come here and stolen their country. Why should they accept that?”

The current (i.e. in 2006) Zionist leader, Ehud Olmert, came to power on an explicit promise to unilaterally set Israel’s “permanent borders”. The ‘package’ that he took to Washington included, in return for $10 billion he asked for (and received), a plan for the Zionists to withdraw from many smaller settlements – at least 17 in the first phase – in the West Bank and move most of the people in them to larger blocks that they ‘expect to annex’. The man also made it clear that “It will be only a civilian disengagement, not a military disengagement,” The Israeli army will remain in the bits of land the settlers are being moved out of.

Let us look, very briefly indeed, that history being so extensive – at just what the Zionists did. What they continue to do, under cover of the government of the USA, and therefore with apparent impunity is a ‘breaking story’ that may soon explode in their collective face.

The creation of Israel in 1947-48 involved explicit acts of ethnic cleansing, including executions, massacres, and rapes by Jews The Israeli Defence Force (IDF) also murdered hundreds of Egyptian prisoners-of-war in both the 1956 and 1967 “wars”. In 1967, it expelled between 100,000 and 260,000 Palestinians from the newly conquered West Bank and drove 80,000 Syrians from the Golan Heights. Following its invasion of Lebanon in 1982 it also directed the massacre of 700 innocent Palestinians at the Sabra and Shatila refugee camps. During the First Intifida (1987-1991), the IDF distributed truncheons to its troops and encouraged them to break the bones of Palestinian protestors. The Swedish “Save the Children” organization estimated that “23,600 to 29,900 children required medical treatment for their beating injuries in the first two years of the Intifida,” with nearly one-third sustaining broken bones. The same proportion of the beaten children were aged ten and under.” Israel’s response to the Second Intifida (2000-2005) was even more violent: The IDF fired one million bullets in the first days of the uprising. Future Prime Minister Yitzhak Shamir openly argued that, “Neither Jewish ethics nor Jewish tradition can disqualify terrorism as a means of combat”.

After the victory of Hamas, in an open general election, in late January, Israel withheld $50 million a month in Palestinian customs and tax receipts, though it continues to pay Israeli companies $5.5 million a month from those receipts for the water and electricity used by the Palestinians.

Israelis are often touted as being the epitome of bravery (almost on par with George W Bush – seen, once, in dim light on an aircraft carrier hundreds of miles away on his ‘visit to the troops in Iraq’; the George Bush who, for the two days he spent in India and Pakistan, hunkered down, respectively, in a fort off Delhi and in Islamabad in the US Ambassador’s residence, heavily guarded within a vast expanse of streets emptied of people).

What do the Israelis in fact do? Israel is using men who have been conscripted to slaughter the Palestinians. Such men aren’t out there ‘fighting for Israel’s right to exist’. Their heart is not in butchering innocents; – their energies are focused on remaining unhurt themselves, no matter how many innocents they murder. Hence the commanders of the Israeli army are committed to guaranteeing that none of the conscripts will be in danger of injury, much less death.

In “Hiding Behind Civilians’ (New York Times, 22 June, 2006), Haim Watzman, who had served as an Israeli infantry reservist in the West Bank in the 1980’s and 90’s, and authored “Company C: An American’s Life as a Citizen-Soldier in Israel”, wrote, “Soldiers who had to raid a house or patrol a dangerous stretch of road would grab a nearby civilian and place him in front of them. This civilian had no function other than to protect Israeli soldiers.” Though Watzman says that he has “Never met a soldier who thinks armies ought to be able to maim and kill civilians with impunity,” and that “The practice was not a grassroots initiative. It was an army policy, handed down to soldiers by their superior officers,” he also points out that when the Israeli Supreme Court banned the use of such human shields, (just nine months ago), “many in the army felt they had been robbed of a tool that made their jobs safer, and which helped the commanders protect the lives of their soldiers.”(! ! !)

What have the great warriors of Israel put in its place? Bulldozers. Instead of entering a house behind a human shield, Israeli soldiers turn the house into rubble. Watzman concludes: “Morality in combat is not just an abstract principle. It is an element of an army’s strength. If the safety of soldiers becomes the standard according to which an army designs its missions, an army that does not take risks will be easily beaten by an opponent that does. It’s essential for a society to demand that its army observe moral standards, even if the price to be paid is that more soldiers will be killed.” Tell that to Olmert, – who has “vehemently denied that there was any Palestinian “humanitarian crisis”, adding that, “We wouldn’t allow one baby to suffer one night because of a lack of dialysis,” – or tell it to the marines.

Let’s take a look at them ‘in action’. After warplanes knocked out half of Gaza’s electricity and pounded sonic booms over houses, Israeli tanks, hunkered down inside southern Gaza at the airport on Wednesday, (last week) reported the New York Times.

The impact of this, presumably humanitarian assault (which continues as you read this), is that: “Repeated sonic booms are wreaking the havoc they have wrought before: repeated sonic booms are smashing windows, sending children screaming into the arms of terrified adults, old people collapsing with heart failure, pregnant women collapsing with spontaneous abortions. Mass terror, despair, desperate hoarding of food and water. And no radios, television, cell phones, and no way to get news of how long this nightmare might go on.”

That is from Virginia Tilley’s latest report, as are the following.

“As food in the refrigerators spoils, the only remaining food is grains. Most people cook with gas, but with the borders sealed, soon there will be no gas. When family-kitchen propane tanks run out, there will be no cooking. No cooked lentils or beans, no humus, no bread – the staple Palestinian foods, the only food for the poor. (And there is no firewood or coal in dry, overcrowded Gaza.)

“And, a grimmer fact: no water. Gaza’s public water supply is pumped by electricity. The taps, too, are dry. No sewage system. Word is that the electricity is out for at least six months. The Gaza aquifer is already contaminated with sea water and sewage, due to over-pumping (partly by those now-abandoned Israeli settlements) and the grossly inadequate sewage system. To be drinkable, well water is purified through machinery run by electricity. Otherwise, the brackish water must at least be boiled before it can be consumed, but this requires electricity or gas. And people will soon have neither.

“If cholera breaks out, it will spread like wildfire in a population so densely packed and lacking fuel or water for sanitation.” Over a million people, – yes, people like you and me, – are trapped in that Gaza that the Zionists salivate for. “They are hunkered in their homes listening to Israeli shells, while facing the awful prospect, within days or weeks, of having to give toxic water to their children that may consign them to quick but agonizing deaths.”

That is the Israel that has the effrontery to demand its “right to defend itself”.



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The NPP’s Constitutional Reforms: Purposes and Processes

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Participating at the All Party Conference that then President Jayewardene convened in January 1984 in the aftermath of the watershed violence of 1983, Dr. Colvin R de Silva characteristically perorated that the structure of the Sri Lankan state is incongruent with the country’s sociopolitical reality. He said it more as Historian than as a Lawyer or the architect of the 1972 Constitution.

This gap between state structure and political reality was somewhat bridged by the 13th Amendment that came three years later, with all due credit to President Jayewardene no matter how begrudgingly he may have done it and even if it was under Indian duress as JRJ’s critics have been alleging ever since.

In this backdrop, it is fair to say that the NPP’s constitutional proposals, even if they may not have been drafted with this specific intent, could contribute to further bridging the structural-reality gap and potentially transform Sri Lanka into an ethno-equal state and an ethno-equal nation. The rub, however, is in the ability of the government, as well as its intention, to fulfill in practice what is otherwise a very laudable purpose. The experience so far with the Provincial Council elections and the absence of any manifest effort by the NPP government towards implementing any of its main constitutional proposals do not allow room for too much optimism.

As I cite below, the NPP’s Manifesto fulsomely promises to hold all provincial and local government elections within one year after coming into office. Now with all the ministerial and prime-ministerial explanations in parliament as to what and what pre-steps this overworked government is apparently constrained to take, the PC system would consider itself lucky if the next provincial elections end up being held at the same time as the next parliamentary elections. That is the reality. It could be much better and that too by a government that promised to be much better.

The NPP’s Constitutional Purpose

Section 4 of the NPP Manifesto, A Thriving Nation, A Beautiful Life, is entitled A Dignified Life – A Strong Country, and includes nine subsections, viz. 1) A new constitution – A united Sri Lankan nation; 2) An efficient public service – A skill based professionalism; 3) Rule of law – A judicial system with equal access; 4) Public security assuring – People friendly service; 5) A humanitarian prison – A lawful confinement; 6) A drug-free country – A healthier citizen life; 7) A dignified diplomacy – A sovereign state; 8) High level of national security – Secured state; and 9) A Sri Lankan Nation – The Universal Citizen. These subheadings and sections are indicative of the NPP’s vision for the Sri Lankan State, a Sri Lankan Nation, and the equality of all its citizens.

The Section specific to the constitution (Section 4.1) includes the NPP’s promise to usher in “a new constitution” for “a united Sri Lankan nation.” The process for introducing the new constitution is described thus: “A new constitution will be drafted and passed through a referendum with the necessary changes, if there any, after going through a public discourse.” In addition, Section 4.9 – A Sri Lankan Nation – The Universal Citizen, elaborates on the premise and the purpose of a new NPP Constitution which are outlined as follows:

“Introduce a new constitution that strengthens democracy and ensures equality of all citizens. This initiative will build on the constitutional reform process started in 2015 which remains incomplete. The proposed constitutional reforms will guarantee equality and democracy and the devolution of political and administrative power to every local government, district and province so that all people can be involved in governance within one country. Provincial councils and local government elections, which are currently postponed indefinitely, will be held within a year to provide an opportunity for the people to join the governance.”

Fifteen “activities” are included as making up the constitution making process: 1) Recognizing and enacting the rights mentioned in the International Covenant on Civil and Political Rights as basic rights; 2) Broadening the constitutional law about the rights of children, women, and people with disabilities according to international conventions; 3) Safeguarding the voting rights of immigrants within and outside of the country; 4) Abolishing the executive presidency and appointing a president, without executive powers, by the parliament; 5) Introducing a new parliamentary electoral system; 6) Limiting official presidential residences to one; 7) Abolishing the pensions and special privileges given to retired presidents and their families; 8) Appointing 25 ministers and corresponding deputy ministers to 25 logically determined ministries and abolishing State Ministerial posts; 9) An advisory council consisting of specialists on the subject will be appointed to each ministry; 10) Introducing a code of ethics, including not allowing members of parliament (MPs) and ministers to appoint their immediate family members to their personal staff; 11) Abolishing allowances made to MPs for participating in parliamentary sessions; 12) Abolishing the pension offered to MPs after 05 years; 13) Preventing MPs or their close family members from directly or indirectly engaging in businesses or contracts with the government; 14) Removing the tax-free vehicle permits for MPs; and 15) Giving only one vehicle for Ministers /Deputy Ministers to be used during their period of office.

Interestingly, while the aborted 2015 constitutional reform process that the NPP was a part of is acknowledged, there are no references in the proposals – to the 1972 Constitution or the 1978 Constitution, and missing in the proposals are some of the signature terms that were/are both the badges and burdens of the two constitutions viz., the republic; unitary state; socialist (1972) and democratic socialist (1978); and special status for Buddhism. On the other hand, the proposals (Activity #1 & #2) include the commitment to enshrine and enforce rights and freedoms of Sri Lankans in accordance with international covenants and conventions. This inclusion is refreshingly open in contrast to the 1972 and 1978 constitutions which were rather averse to embracing anything ‘foreign’ due to the misplaced fear of diluting the island’s sovereignty, which is more theoretical than concrete.

Sovereignty and territorial integrity are duly emphasized in Section 4.7 of the proposals: A Dignified Diplomacy – A sovereign State, and in Subsection 4.8: Sovereignty and Territorial Integrity. Section 4.9: A Sri Lankan Nation – The Universal Citizen, underscores national reconciliation, equality of citizens in religion and language, and the vigorous operationalization of the Provincial Council system even though the 13th Amendment is not mentioned in the proposals. There is, however, specific reference to the 16th Amendment and the promise to implement the National Language Policy that is enshrined in 16A. Sri Lanka’s ethnic diversity is acknowledged and various measures are identified for achieving national reconciliation and a free and equal society.

Among these measures are: establishing an Inter-Religious Council consisting of all religious leaders and religious scholars to resolve inter-religious issues; releasing all political prisoners and ensuring their free socialization; abolition of all oppressive acts including the Prevention of Terrorism Act (PTA); regularization of civil administration in a way that the civil rights of the people in all parts of the country including the North and East are guaranteed; providing educational and employment opportunities to all ethnicities based on merit without political influence; providing relief to war widows, internally displaced persons, people with disabilities and people with trauma in need of relief and shelter; settlement of existing land related issues by a National Commission on Lands and Settlements; and ending resettlement programmes that operate with the aim of changing population composition; and addressing the wages, land, housing, education, and health issues of the Malaiayaka Tamils based on the NPP’s Hatton Declaration of 2023.

This is an impressive list by any comparison and it will be all the more impressive if the NPP government were to seriously and capably set about achieving most or all of them.

The Constitutional Process

While the Manifesto indicates that “a new constitution will be drafted and passed through a referendum with the necessary changes, if there are any, after going through a public discourse,” it is not clear if the NPP intends to comprehensively amend the current (1978) constitution, or repeal and replace it based on a referendum. Similar to its 1972 predecessor, the 1978 Constitution provides for repealing and replacing itself but requires the people’s endorsement in a referendum. Although the referendum requirement is limited to specific provisions of the constitution, an interpretive judicial culture has since evolved widening the referendum net to capture other provisions that are not stipulated in Article 83 of the constitution.

Opposing and, in my view, more persuasive voices have been heard from experts like Dr. Nihal Jayawickrema, and long before that from Dr. Colvin R.de Silva during the controversy over 13A referendum requirements, that a referendum requirement should be limited to changing only the provisions that are specifically to the provisions mentioned in Article 83. By this interpretation, a referendum is required to extend the term of a president or of parliament, but not for abolishing the system of elected executive presidency itself.

At the same time, a synthesizing view has also evolved that if the constitution were to be changed in a substantial manner, let alone repeal and replace it even without changing any of the Article 83 provisions, it would be prudent to have a referendum and be done with it. The latter is also the NPP’s position but seemingly taken from a more positive and democratic standpoint than a narrow interpretive standpoint. But there are questions as to how and when the NPP government will have a constitution package ready and when will it likely call for a referendum. It is not necessary to detail the amending processes in an election manifesto, but with nearly two years in office it is time for the government to indicate what is going to be its new constitution and how is it going to be achieved.

Another technicality is that when it drafted the manifesto promising constitutional changes subject to a referendum, the NPP may not have been expecting a two-thirds majority in parliament. So, what was its thinking about meeting the initial amendment requirement of a two-thirds majority in parliament without having sufficient numbers in the government. It would have had to find common ground with opposition parties in parliament. That is the very purpose of the two-thirds majority in parliament – to achieve interparty consensus as opposed to using a steamroller single-party majority.

The question to the government is why is it not being consultative with at least some, if not all, of the parties in opposition. As well, inasmuch as the Manifesto refers to a continuation of the 2015 constitutional reform process, why is the government not consulting with those individuals and organizations who were significantly involved in that earlier process. Some of them were directly associated with the NPP. But none of them is in the scene now, while the current Minister of Justice was politically unheard and unseen at that time.

The double burden of Justice and Constitutional Affairs is too much for even the most experienced and equipped political leader. It is too much to saddle a first time MP and Minister with such heavy responsibilities. As well, there is much talk about the government inviting non-NPP experts to play lead roles in institutions and agencies involved in running the economy. Why not extend this approach to implementing the NPP’s constitutional reform process?

To hark back briefly to the making of the 1972 Constitution, neither Colvin R de Silva nor the United Front were banking on winning a two-thirds majority in the 1970 elections. Instead, they were relying on Colvin’s legal theory that the new constitution will be a total rupture from the Soulbury Constitution and that its making will follow its own path based on an electoral mandate from the people.

“Not merely despite the Queen, but in defiance of the Queen and her Crown,” was Dr. Colvin’s platform pitch. The two-thirds majority that the United Front turned out to be a curse in disguise. While the NPP is now saddled with a two-thirds majority it doesn’t have Colvin’s legal theory to ignore the amending procedures of the 1978 Constitution. JR Jayewardene faithfully followed the amending procedure of the 1972 Constitution, but created a more rigid constitution than its far more flexible predecessor.

Ushering new constitutions are easily done on the morrow of independence or a revolution. Midlife constitutional changes are extremely difficult in any country and there are only a handful of countries that have successfully achieved this feat. The successful making of the 1972 and 1977 constitutions in Sri Lanka were almost entirely due to the power and competence of their two architects, Colvin R de Silva whose power was entirely intellectual and professional, and JR Jayewardene who in addition had absolute political power after the UNP’s landslide victory in 1977.

Sri Lankan politics has not been able to replicate their circumstances ever since, and the circumstances of the NPP are no different, its two-thirds majority notwithstanding. If the government is serious about drafting a new constitution, conducting public consultation, and holding a referendum, it should have started the process the day after it was sworn into office. It could start the process right away even now. The task deserves a separate ministry and supporting expertise. It cannot be the part time job of a first time Minister of Justice.

All that said, many of the NPP’s reform proposals can be implemented without introducing a new constitution. Few have already been introduced and many more can be introduced by simple legislation or through amendments without a referendum. For the super majority the government has in parliament, its legislative record has not been sufficiently impressive. The government has given priority to implementing proposals that it considers to be more resonant with the voters at large.

They include, the taking away the manifestly undue perks and privileges of former presidents, and the proposals to end the more offensive perks and privileges of parliamentarians. The reform of parliament itself is to be achieved by implementing a new electoral system; by limiting cabinet size to 25 and appointing an advisory council for each ministry; and introducing a code of ethics for MPs. These measures will also go down well with the public, but they can all be implemented through simple legislation without having to change the constitution through a referendum.

The most glaring omission is the continuing foot dragging over the repeal of the Prevention of Terrorism Act (PTA). There are already new victims of this continuation. What is the point in indefinitely detaining people like Retired Major Gen. Suresh Sallay under the PTA? It only vitiates however plausible a case the government might have against Gen. Sallay. More importantly, it flies in the face of the NPP’s promise to abolish the PTA, and its promise of custodial and prison reforms under Section 4.5 of the Manifesto: A humanitarian prison – A lawful confinement. The PTA only keeps the door open for police abuse and overreach.

The most recognizable and much talked about proposal is for “Abolishing the executive presidency and appointing a president, without executive powers, by the parliament.” If only the NPP government can deliver on this promise during its current first term, it can justifiably claim to have fulfilled its constitutional promise almost in entirety. No one will likely ask for anything more from the NPP, constitutionally speaking. But that seems unlikely to happen and this gets clearer as each day goes by. The talk inside the NPP and outside would seem to suggest that President Dissanayake will seek a second term as an elected Executive President and renege on what was made out to be a historic promise. It will become another daydream, so to speak.

by Rajan Philips

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Inside Xi’s Pyongyang Doctrine

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Soon after Pyongyang unveiled a new facility to produce nuclear bomb fuel, with Kim Jong Un reaffirming plans to expand the country’s nuclear forces “at an exponential rate”, President Xi Jinping crossed the border after seven years to visit his neighbouring state. Before his arrival, Xi published a carefully crafted message, couched in the deeply rooted lexicon of diplomacy and carrying layered meanings for a North Korean audience, in which he argued against hegemonic politics and the erosion of international rules. It was not merely a gesture of goodwill but a calculated act of strategic signaling, written in the language of stability while echoing the rhetoric of geopolitical rivalry that increasingly shapes the international order.

The visit itself, staged with extraordinary ceremony across Pyongyang’s grand civic spaces, was presented as an affirmation of friendship between socialist neighbours. Yet beneath the choreographed spectacle lies a more complicated reality. China is no longer speaking to North Korea as a problem to be solved, but as a condition to be managed within a fragmented international system. Xi’s carefully chosen phrases — “shared destiny”, “mutual assistance” and “unbreakable friendship” — were not decorative flourishes. They were assertions of permanence in a relationship that has survived war, sanctions and decades of strategic ambiguity.

At Kim Il Sung Square, where formations of soldiers, students and citizens performed beneath fluttering flags, the language of unity concealed an underlying imbalance. China’s diplomatic doctrine, repeatedly articulated in Xi’s writings, presents both states as “fellow travellers on the socialist road”; yet the material reality is more hierarchical. Beijing is not merely a partner to Pyongyang. It is the centre of gravity around which much of the North Korean system revolves economically, diplomatically and, increasingly, strategically. This is not openly acknowledged, but it is reflected in trade patterns, energy dependence and the tightly managed permeability of the border regions.

Xi’s article, published ahead of the visit and carried by North Korean and Chinese state media alike, reveals the intellectual framework behind this engagement. It speaks of “top-level strategic guidance”, a phrase that in Chinese political language denotes the primacy of leader-to-leader diplomacy over institutional negotiation. It also reiterates opposition to “hegemonism and power politics”, a formulation that simultaneously criticizes Western strategic dominance while offering ideological reassurance to Pyongyang. The brilliance of the wording lies in its dual purpose. It reassures North Korea while signaling to the United States without ever mentioning it directly.

Less visible, but widely recognized among regional specialists, is the dense network of economic activity that sustains the frontier between China and North Korea. Officially, trade remains constrained by sanctions and regulatory controls. Unofficially, the border operates through a mixture of state-approved commerce, local barter arrangements and carefully managed informal exchanges. Chinese provinces adjoining the frontier depend on this controlled permeability, particularly in sectors such as food supplies, textiles and consumer goods. In return, North Korea provides labour, access concessions and selected resource exports. This is not a “shadow economy” but a tolerated grey area maintained by both governments because it preserves stability without allowing the relationship to descend into crisis.

It is within this grey area that stories of “secret networks” frequently emerge. Yet the reality is often more bureaucratic than clandestine. Trade is driven less by rogue actors than by overlapping permissions, discretionary enforcement and shifting instructions from the centre. The notion of a handful of powerful profiteers orchestrating cross-border commerce oversimplifies a system in which benefits are dispersed through layers of administrative authority, provincial intermediaries and sanctioned enterprises. The defining feature is not secrecy but carefully managed ambiguity.

Xi’s emphasis on “jointly upholding the international system with the United Nations at its core” becomes particularly revealing when viewed alongside these frontier realities. On the surface, it is a reaffirmation of multilateral order. In practice, it reflects China’s preference for a world in which legitimacy flows through established institutions, even while bilateral relationships such as that with North Korea operate according to a different set of political calculations. This dual-track approach enables Beijing to retain strategic flexibility without formally dismantling the international framework from which it continues to benefit.

The visit also took place against a wider shift in global diplomacy. The Financial Times has noted the growing number of world leaders traveling to Beijing rather than Xi traveling abroad. Some interpret this as evidence of a China-centred diplomatic sphere. Whether viewed as modern statecraft or, more controversially, as a distant echo of tributary-era symbolism, one fact remains evident. Xi Jinping has built a diplomatic model in which China is less a participant in international gatherings and more a focal point through which bilateral relationships are channeled.

Within this arrangement, North Korea occupies a uniquely delicate position. It is at once a liability, a buffer and a strategic asset. Its nuclear programme complicates China’s relations with much of the international community, yet its existence also serves as a geopolitical barrier on the Korean peninsula. Xi’s language avoids direct reference to nuclear weapons, concentrating instead on “regional stability” and a “peaceful environment”. That omission is deliberate. Silence, in this context, is not avoidance but the management of contradiction.

One of the most closely watched questions following Xi’s visit is whether North Korea’s rapid nuclear expansion will become less visible, or simply retreat further from public view. Xi later stated that he and Kim had reached an “important consensus” and agreed to safeguard regional and global peace, a formulation that may signal a preference for restraint in presentation rather than any fundamental change in Pyongyang’s strategic ambitions.

Under Xi, Chinese foreign policy has increasingly prioritized stability over transformation and management over resolution. Nowhere is this more evident than on the Korean peninsula, where the objective is not denuclearization through coercion but the containment of escalation within predictable limits. In this sense, North Korea is not being pushed towards change.

Rather, it is being held within a carefully maintained balance that serves broader regional interests.

The wider geopolitical setting, including Russia’s deepening alignment with Pyongyang and the fluctuating approach of the United States towards Asia, further complicates this balance. Xi’s diplomatic language — with its emphasis on multi-polarity, opposition to “power politics” and the creation of a “community with a shared future for mankind” — is intended to place China at the centre of an alternative vision of international affairs. Yet that vision is not merely ideological. It is expressed through trade agreements, infrastructure investment and selective political partnerships.

What emerges from the Pyongyang visit is not a straightforward story of alliance, but one of carefully calibrated interdependence. North Korea retains leverage through its strategic unpredictability, while China retains influence through economic indispensability. The border between them is not merely geographical. It is a political and economic mechanism composed of regulated flows of goods, labour and messaging. It is this managed interdependence that allows both governments to preserve autonomy while avoiding collapse or confrontation.

Xi Jinping’s rise in global politics, therefore, cannot be understood solely through military strength or economic weight. It rests upon the construction of a diplomatic order in which China functions simultaneously as host, mediator and stabilising force. Foreign leaders travel to Beijing not as supplicants, but as negotiators entering a system where outcomes are increasingly shaped through bilateral and asymmetrical relationships. Within that framework, North Korea remains both an exception and a participant, its nuclear status complicating but not excluding its place within China’s strategic sphere.

Xi’s visit to Pyongyang reflects a world in transition, where the old certainties of alignment and isolation no longer fully apply. In their place is emerging a more complicated pattern of selective cooperation, managed tensions and carefully cultivated historical memory. Xi’s diplomacy does not resolve contradictions. It arranges them. And within that ability to arrange competing interests lies much of his contemporary influence. Whether that model ultimately proves durable or fragile remains one of the defining geopolitical questions of our age.

by Nilantha Ilangamuwa

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The Examiner at lunch: Nihal Jayawickrama, architect of justice

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Illustration Hashan Ranatunga

Justice Ministry secretary and attorney-general at 33, Nihal Jayawickrama was the architect of the justice system’s most radical overhaul. Over a leisurely lunch at Tintagel we talk about the speed of justice, an independent public prosecutor, and the 1972 constitution.

“Tintagel” was Nihal Jayawickrama’s reply when I asked him where we should lunch. I smiled. The former secretary to the Justice Ministry, appointed at the tender age of 33, and now 88, hasn’t lost his mojo.

No restaurant — even Bawa’s studio, now become the Gallery Café — can claim anywhere near Tintagel’s pedigree. It was the home of the three Bandaranaike prime ministers. If the waiters’ intelligence is on point, it will be home to one of them again soon. Yes, Tintagel’s lease is up. Lunch while you can.

I’ve reserved one of two verandah tables, a few meters away from where S.W.R.D. Bandaranaike, the former prime minister, was assassinated by Talduwe Somarama, “a foolish man in robes”. Thinking Jayawickrama is a few minutes late, I wander to the sitting room. But he is waiting for me. I’m surprised that, at 88, he has come alone.

We make our way to the verandah and sit down. I break the ice, asking Jayawickrama when he first came to Tintagel.

Jayawickrama pauses to think, then with twinkling, mischievous eyes, says it was 70 years ago, in 1956. He had come to Tintagel to invite Bandaranaike to speak to the Royal College literary association. Jayawickrama said there was no security, save for maybe a sole policeman at the gate. He had walked to the verandah, and sat on one of the many chairs where the public would sit in the mornings, waiting for the prime minister to talk to them.

Bandaranaike’s response to the invitation had been clever rather than candid. He said it would be a great honour to address the Royal College literary association, and that he would be so happy to drop by. But the prime minister had only one problem: he’d have to go to the one at his own school, S. Thomas’, first. But they hadn’t invited him. Thus nothing ever came of the invitation.

We move on to more important business, lunch. Jayawickrama eschews the wine, we settle on thambili, almost always the best value drink on a Colombo resto menu. A veggie, he orders his usual, the parmesan gnocchi. I’d have ordered the pumpkin gnocchi, for many years my Paradise Road staple, but sadly they dropped it years ago. Good. For having taken up the pen, the purse won’t permit me anyway. Really wishing for Caribbean ox tail, I reluctantly settle for the osso bucco.

I’m too impatient for subtlety, so launch right into one of my burning questions: how did Jayawickrama become both secretary to the Ministry of Justice and attorney-general at such a young age. The answer is found in Balangoda, where Sirima Bandaranaike’s brother contested the 1965 election. He faced a few court cases, but the SLFP was strapped for cash. So, the party asked Jayawickrama to represent him. Jayawickrama went on to represent other members of the Ratwatte family, and then eventually, Mrs. Bandaranaike started consulting him too. He also served as her election agent and ended up drafting her prime ministerial acceptance speech in 1960.

A few days after her victory, Mrs. B called him and asked if he could be the permanent secretary to the justice ministry. Jayawickama said he was a lawyer, not a public servant. She responded:

“No no no no, you had been complaining for a long time that absolutely nothing had been done about law reform. I am telling you now come and do whatever you want to do — all the reforms you have been talking about. You have a free hand; we have got a two-third majority so the legislation can be passed. So come and do that.”

The Justice Ministry secretary’s monthly take-home at the time was around 1,800 rupees, which more than covered the 500-rupee rent onof his Park Road flat. Today, the secretary’s entire salary wouldn’t even pay for half the rent of such a flat.

Jayawickrama’s work was cut-out for him. The tale sounds familiar. The civil procedure and criminal procedure codes — the backbone of court work — were from 1880. Two distinguished commissions, chaired by Justices Noel Gratian and C. Nagalingam respectively, had already figured out what needed to be done. They produced “excellent reports” but “no government had done it”, Jayawickrama said rather ruefully.

When the attorney-general died, an acting attorney-general was identified. But he had to finish some cases he was presiding over. As the country needed to have an attorney-general, Bandaranaike appointed Jayawickrama to the office on his 33rd birthday. His contemporaries were the most junior state counsel. It was not a friendly atmosphere. Luckily for him, he had friends who warned him of the files which contained traps and snares.

He set up a research division in the Justice Ministry for law reform, consisting of five or six bright young things. The division included Dhara Wijetilleke, who became the planning ministry secretary, Suri Ratnapala, who became a distinguished constitutional law professor, and Priyani Wijesekara who became the Parliament’s secretary-general.

Unclogging justice

This team was the moving force behind the Administration of Justice Law of 1973, which overhauled the justice and courts system.

Among the many changes brought by the act was a recommendation from the Gratiaen Commission of 1952. The attorney-general’s role was almost bifurcated by creating the office for a director of public prosecutions.

The key reason Jayawickrama pushed this initiative through was to de-clog and speed-up the justice system by eliminating “non-summary proceedings”, where the police would present evidence to a magistrate to decide which court would hear a case. The public prosecutions director would instead direct the police’s inquiry and decide whether to file a case in the magistrate’s court, or at a higher court.

The team also introduced pre-trial conferences for non-criminal cases and mandated day-to-day hearings for trials, with postponement only granted in the event of family bereavement.

These initiatives faced massive protest from the Bar, as they “would change their lifestyles” and affect them financially. Not all his reforms succeeded. When he tried to regulate lawyers’ fees, the cabinet paper leaked and a lawyer representing the prime minister barged into Temple Trees, left his briefs on the breakfast table, said “you appear for yourself”, and went off. Mrs. Bandaranaike told Jayawickrama to withdraw the cabinet paper.

The Bar also refused to participate in the legal aid scheme. Jayawickrama’s response was to say that he would create a brigade of “barefoot lawyers” like barefoot doctors. Years later he said the proposal wasn’t a serious one, the remark was made in terrorem, meant to frighten the bar into becoming more generous with legal aid.

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