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How democracies die

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by Vijaya Chandrasoma

I was inspired to write this essay while reading an excellent book of the same title, written by political scientists Steven Levitsky and Daniel Ziblatt in 2018, which I have adapted for my purposes.

When we look at history of the 20th century and examine the reasons behind the death of democracies, we see two major strategies.

During the cold war, democracies died by military coups d’etats, achieved by men with guns. Democracies in Argentina, Brazil, the Dominican Republic, Ghana, Greece, Guatemala, Nigeria, Pakistan, Peru, Thailand, Turkey and Uganda all died this way.

Since the end of the Cold War, however, most democratic breakdowns have been caused not by generals and soldiers but by political leaders elected by the people. Like Chavez in Venezuela, elected leaders with authoritarian ambitions, have used, often subverted, democratic institutions, to gain power. These countries include Georgia, Hungary, Nicaragua, Peru, the Philippines, Russia, Sri Lanka, Turkey and Ukraine.

“Democratic backsliding today begins at the ballot box”.

Political scientist Juan Linz, born in Weimar Germany and raised during Spain’s civil war, was well aware of the dangers of losing a democracy. In his book, The Breakdown of Democratic Regimes, published in 1978, Linz summarizes a set of four warnings we should look for in the recognition of authoritarianism.

First, the aspiring authoritarian rejects, in word or action, the democratic rules of the game (flaunting rejection of, or violating, the constitution; undermining elections and refusing to accept credible election results); second, denies the legitimacy of opponents (baselessly accusing opponents of criminal acts and working with an adversarial foreign government to foster these charges); third, tolerates or incites violence (with access to armed gangs and paramilitary forces, tacitly endorsing acts of violence); finally, attempts to curtail the civil rights of opponents (threatening to take punitive action against dissidents, critics and the media).

In his satire, The Plot Against America, novelist Philip Roth describes an alternative history of America turned upside down in the 1930s. After his solo flight across the Atlantic, Charles Lindbergh had become a national hero. He presented the human face of a new frontier, the beginnings of air travel, which has become the standard means of international movement of people and freight today. Just as, centuries ago, man conquered the oceans, and was able to transport men and cargo across countries, changing our lives. Just as the movement towards space travel, inspired by Kennedy when he encouraged man, paraphrasing Star Trek, “to go where no man has gone before”, is fast becoming a reality. And of course, the Internet, which is continuing to progress at warp speeds, opening up means of communications beyond the ken of my generation, but as easy to operate and taken for granted by the new, who use it with the facility of the slate once used as a learning tool.

Lindbergh was, however, a known Nazi sympathizer and anti-Semite, who was awarded the German Medal of Honour by Hitler’s close associate, Hermann Goering, in 1938. He was also an isolationist, who protested American involvement in World War II.

Roth describes an imaginary America where Lindbergh wins the presidency in 1936, beating the incumbent President, Franklin Delano Roosevelt.

Just as Juan Linz’s warnings described above have all the hallmarks of Trump’s 2016 campaign, Roth’s fictional account has compelling similarities with Trump’s electoral win of 2016.

Trump also is a known sympathizer of America’s premier adversary, Putin of Russia. In a land of immigrants, he identifies his enemies as the new immigrants, legal and illegal, from Mexico and Central America. He showed his anti-Semitic tendencies by condoning the behaviour of White Supremacists who marched the streets of Charlottesville in 2017, shouting, “The Jews will not replace us”. Very fine people, according to Trump. And his racism against African Americans is as legendary as it is genetic. His father was arrested in Queens, New York, as a Ku Klux Klan activist in 1926, and he himself was indicted in 1972 for flouting the Fair Housing Act by refusing to rent to African Americans.

It would be interesting to second-guess what would have happened if, as Roth muses satirically, Hitler and the Nazis won World War II, which would have been a given with America’s non-participation, considering Lindbergh’s continuing dalliance with Hitler. A wave of anti-Semitism and violence would have been unleashed in America.

The world would have been ruled by the Master Race as dreamed by Hitler (and, later, Trump) – Aryan, white, blonde and blue eyed. The dissidents of those countries with people of impure blood, Trump’s shithole countries, would have been marginalized with an extensive use of ovens and gas chambers; others reduced to slavery whose only duty would be to serve the white Masters.

This is not some preposterous, paranoid nightmare. It is a part of history which we have already endured, more or less, with centuries of colonialism and slavery in many parts of the world.

So why has this seemingly inexorable process towards authoritarianism not continued in America? In 2016, Trump, a known sexual predator and crook with no experience of public service, defeated for the presidency the most qualified person with a decades-long, successful experience of public service. Why didn’t this happen again in 2020?

The answer is criminal incompetence. He ushered in an era of corruption, nepotism, racism, anti-Semitism and a complete indifference to the millions of impoverished, often homeless, millions in the richest country in the world. The “shining city on the Hill” was accessible only to the wealthy and the corporations. His criminal incompetence in mishandling the pandemic, which was responsible for hundreds of thousands preventable deaths, was hopefully the final nail in the coffin of his dictatorial dream.

But Trump’s dream may not be quite dead as yet, perhaps only delayed for a few years, thanks to the enablers of the Republican Party, whose sycophantic loyalty remains unshaken. Even with dozens of court cases hanging over him, for fraud, money laundering, tax evasion, sexual abuse and treason, Trump is still the undisputed leader of the Republican Party. Seventy percent of all Republicans believe the Big Lie that the election was stolen from Trump. Republican members of Congress, bar a couple, also pretend to believe in the Big Lie, against all evidence to the contrary. They are making utterly sycophantic idiots of themselves, because they feel they cannot win re-election in 2022 and 2024 without the support of the Trump cult. Self and Party before Country, that’s the current Republican slogan.

With 30% of the country behind him, with Republican governors of Red States already enacting Draconian laws of voter suppression, with the violent help of his armed white supremacist thugs, Trump’s dreams of autocracy may still come true, in 2024. Of course, he will be 78 years of age, with advancing dementia combined with ignorance and narcissism. These same defects did not stop him in 2016.

None of these matter, as long as the vital credential, the one dream that he shares with his cult, the dream of the perpetuation of White Supremacy and privilege, lives. The dream of a Trump Dynasty, with members of his family at the head of important governmental organizations, with the rich and wealthy becoming richer and wealthier. And most important, the shredding of the 22nd Amendment, even dispensing with or rigging elections, which will keep him in power for life, to be succeeded by the issue of his choice. The current favourite being Ivanka.

“The tragic paradox of the electoral route to authoritarianism is that democracy’s assassins use the very institutions of democracy – gradually, subtly, even legally – to kill it”.

Trump’s favourite (and only) book is Hitler’s Mein Kampf, which he occasionally gets Melania to read to him. Those tactics succeeded for a time in the 1930s. More sophisticated strategies have evolved in the quest for authoritarian power.

Trump would have been well-advised to take a page from the playbook of Sri Lankan leaders, who have already achieved all the dreams that authoritarians, including Trump, hold dear, legally and painlessly.

Since we received independence in 1948, Sri Lanka was a vibrant democracy, perhaps till 1977. Elections were held on schedule (except for one two-year extention of parliament in 1975), and the electoral process was never questioned. Successive governments were overturned by landslides, and the transfer of power was usually peaceful, though sometimes disturbed by random pockets of post-election violence.

The seeds of authoritarianism in Sri Lanka, the removal of the guardrails protecting democracy, were planted by the UNP constitution of 1977. The President of Sri Lanka, hitherto a ceremonial figurehead, became the elected Head of State with full executive powers, far in excess of those enjoyed by Heads of State since independence. President Jayewardene availed himself of these dictatorial powers by immediately stripping Mrs. Bandaranaike, the previous Prime Minister, of her civic rights and expelling her from parliament from October 1980.

This dictatorial action was taken to prevent Mrs. Bandaranaike from holding public office again, voting and campaigning in elections, although she remained the leader of the SLFP and one of the most visible and popular politicians in Sri Lanka.

Page 1, section 1 of the Dictator’ Handbook – eliminate, preferably permanently, political rivals, a lesson well learned and implemented by subsequent leaders with authoritarian ambitions, irrespective of party affiliation.

Apart from ruling his party and the country with an iron fist, Jayewardene’s economic policies introduced an unprecedented level of public and private corruption, facilitated by the increase of the money supply because of huge infrastructure projects and the liberalization of imports. Corruption has only increased exponentially with each successive government.

President Premadasa continued with these policies in the backdrop of a fierce civil war and a southern insurrection. The ruling government also spawned extra-judicial, party sponsored militia (a polite term for armed goons) who “discouraged” or assassinated dissidents and muzzled the media, both print and TV.

The ending of the 30-year civil war in 2009, and the return to peace and even illusory racial harmony, has given the Rajapaksa family an almost divine image, especially in the rural areas. A country, hitherto polarized by extremists, corrupt politicians and gunrunners, for whom the ethnic war was a source of profit, was at last freed from fear, hatred and constant violence.

General Sarath Fonseka attempted to ride on his popularity as the head of the Sinhala forces who ushered in peace, success claimed by the then President and Minister of Defence MR along with Defence Secretary Gotabaya Rajapaksa. Fonseka also had the temerity of run against Mahinda Rajapaksa for the presidency in 2010.

Fonseka’s subsequent incarceration after his defeat, with a sentence of three years in prison on charges of “corruption” was straight out of the authoritarian playbook. He was released after serving two years of his sentence through international pressure.

The Rajapaksa administration’s popularity was waning in 2014, amid widespread rumours of massive corruption, when one of the members of his cabinet, Maithripala Sirisena, defected to the impotent, rudderless UNP-backed coalition of other parties. Sirisena won the presidency and led an uneasy administration for three years. Amidst constant in-fighting, the shaky Yahapalana coalition came to its inevitable end, when Gotabaya Rajapaksa defeated UNP candidate, Sajith Premadasa handily in the 2019 presidential election.

The Rajapaksas have now resumed their accustomed position as the Ruling Family of Sri Lanka from 2019. The president retained the Defence ministry, elder brother and past president, Mahinda, Prime Minister and Finance, eldest brother Chamal at Irrigation, and Mahinda’s son, Namal, 35 years old, as Sports Minister. Most recently Basil Rajapaksa took over Finance.

The drift towards authoritarianism now seems to be a fait accompli in Sri Lanka, achieved entirely through the electoral process. Complete power resides in the hands of one family. The next generation is already being groomed for leadership. And the Commander-in-Chief is in total command of the military, as he should be.

Trump, are you listening? All it took for you to achieve your dream of claiming a dictatorial dynasty was to have shown a semblance of competence in maintaining the booming economy you inherited, and heeding scientific advice in handling the pandemic. White Supremacy alone could not save you from your own criminal incompetence.

Ironically and most tragically, it took a pandemic which has already taken over 700,000 American lives to save the oldest democracy in the world. For the moment.



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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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