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How did we become a lawless State?

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Talk given by Rajan Hoole at the release of the book, Democracy Stillborn, at Trimmer Hall, Jaffna, on 11 Nov., 2022. The fellow speakers were Devanesan Nesiah, Ahilan Kadirgamar, Swasthika Arulingam and Kirupaimalar Hoole. The meeting was chaired by Mahendran Thiruvarangan

First, a message from K. Sritharan, who was with Rajani Thiranagama and Rajan Hoole in the University Teachers for Human Rights (Jaffna).

“The rule of law is in decline and has provoked much discussion, even in developed countries, where it has been the norm for over a hundred years. The West, which continually championed democracy and the rule of law itself, is facing a major crisis as populist right-wing politics make inroads into the mainstream. In the US, the legitimacy of institutions, which are crucial for accountability and the rule of law, are questioned, and conspiracy theories of utter distrust of authority become the fare among the masses. This crisis can lead to many upheavals.  We may eventually overcome and stabilize with more meaningful and broadened democratic formations. But the path towards that may not be smooth and the trend shows the moral high ground is ill-defined.

But, as an island nation, we have gone through major crisis after crisis and in the process have ruined and bankrupted our country. Many youths are now looking for the root causes for this plight. Our modern history is one of cohabitation with dominant colonial powers. During the British period, a cause of major social transformation was the colonial state formation. The vested interest of the British Colonial project, brought in institutional mechanisms and nurtured a political class to manage them.  The question is how the ruling elite of Ceylon used those institutions. In the balance, was it to enhance the interest of the people, or in pursuit of their short-term interests? Did their hold on power unleash forces which, of their own nature, created a series of fault lines by a perversion of nation building? In addressing these, we need to charter a new path. Of course, this cannot be done in isolation but it is necessary to identify the internal developments, and form broad solidarities that would get us out of this impasse.” End of message.

About Social Democracy

Arunachalam, was the first civil servant who radically stood for social democracy. He wanted the British officers, responsible for excesses during the Sinhalese-Muslim riots of 1915, punished, according to the law. In 1920, the British authorities, supported by Sinhalese nationalists, undermined the man hitherto deemed indispensable, and put him out to grass. Provoked by the economic collapse of 201, the Aragalaya protesters realised the state of acute lawlessness and got rid of the President and Prime Minister. We have Mahinda Rajapaksa finally admitting his mistakes, all implicitly permitted under the Constitution, and pleaded for another chance. Mahinda Rajapaksa comes in a line of leaders charged with murder, not only of journalists but also of war crimes and robbery. There were, of course, two parties to the war. But the Government’s intransigence made it intractable.

The law was simple, but we have muddled and obscured it. Had we followed it, we could have avoided this present impasse. Article 29 of the Constitution of 1948 had the provision, not to ‘Make persons of any community, or religion, liable to disabilities or restrictions to which persons of other communities or religions are not made liable …’ Quite simply it means treat everyone equally. The Government, being in a minority after the 1947 elections, used threat and bribery to disqualify Plantation Tamils from citizenship. What we may forget today is the Sinhalese opposition, left and liberal, for example H. Sri Nissanka, were united and firm in standing by the Plantation Tamils.

Britain’s gift to the Sinhalese leaders of cancelling the 1941 elections, gave them an eight-year free ride of power without an electoral mandate from 1940, during which time they were allowed to colour the future constitution. It led to indifference and apathy among opponents of the Citizenship Bill. Neither the Government nor the Supreme Court offered a cogent reason for the disenfranchisement of estate workers. The Supreme Court held that since Article 29 had no reference to race, taking away the franchise of a community was not a violation of Article 29, it was administrative. The Government was nervous when the Plantation Tamils appealed to the Privy Council.

The Privy Council first retreated because Parliament by defining citizenship indirectly by ancestry, had evaded the principle of equality in 29 (2). It however passed the Bill misquoting the Soulbury report which actually made clear that over 80 percent of Plantation Tamils were in 1941 either born in Ceylon or had resided over 10 years.

Lanka is a beneficiary of common laws, the Roman-Dutch and English. Good common law whatever its origins is transposable. Lanka learnt nothing from them. Answering the challenge to the Citizenship Act in 1951, Chief Justice Edward Jayatileke rejected equality and ruled that whatever Parliament passes has to be obeyed. However, Chief Justice Abrahams replying to DSG Wijewardene asserting Parliament’s supremacy in 1937 said, that a new law must accord with those that preceded it ‘so that there be no repugnance but a concordancy in all the parts thereof.’

Bills against the Plantation Tamils

We had Roman-Dutch law and English common law, both of which with different emphases, stood for common right. Both sets of law rejected the Citizenship and Franchise Acts from several angles. Having accepted the Donoughmore Bill in 1929 which promised the vote to everyone, we had 19 wasted years, no industrialisation, but demolish the voting rights of the Plantation Tamils. Nihal Jayawickrema gave a potent reason for treating the term community in the citizenship acts with respect: ‘Parliament must not discriminate against a particular community already resident in the country.’

We had in 1937 Chief Justice Abrahams upholding Habeas Corpus, no detention without the order of a judge, and freed Bracegirdle from deportation. The reversal, to detain without warrant, was legislated in the 1947 Public Security Ordinance, the last Bill passed under colonial rule. These were signposts on our march to independence and beyond.

Emergency permitted murder in ‘good faith.’ Although a British precedent was claimed for the Bill, in Britain actions under emergency became judicable once the emergency was lifted. The real fear in Ceylon was strike action by the combined unions over the Citizenship Bill of 1948. However, strike action was deterred by the ‘smash up’ of the 1947 general strike.

Ceylon Constitution and the

Citizenship Bill

Britain co-drafted a very fragile constitution to gain the Sinhalese leaders’ support during the Second World War. They cancelled State Council elections due in early 1941, jailed the Left and as pointed out, allowed Senanayake to rule eight years without a mandate prior to independence and determine the colour of the Judiciary. During this period. Left leaders N.M. Perera and Philip Gunawardena, then vocal advocates of the Indian Tamil equality, were cast into prison. Just before, the State Council in 1941 passed the Registration Bill, the precursor of the Citizenship Act of 1948. All Sinhalese, barring the imprisoned Left, voted for the Registration Bill. It required all qualifying as Ceylonese to have domicile of origin – produce father’s birth certificate – it was impossible for many in Ceylon, be it Sinhalese or Tamil, but Plantation Tamils were singled out for exclusion!

Carrot and stick on minorities to betray a fellow minority

The Muslims and Tamils were goaded to support the Citizenship Bill. Most of the Tamil elite, including prominent Youth Congress veterans, wanted the Tamils to support Senanayake. Out of 13 Ceylon Tamil MPs, a minuscule group of two opposed the Bill, S. Chelvanayakam and K.V. Nadarajah. Ponnambalam, however, voted against to avoid a split in the Congress, the remaining five MPs were absent on his instruction. The two Senators E. Naganathan and S. Nadesan, too, opposed the Bill, tooth and nail. For the Tamil minority it was suicide. Had it shown greater conviction the Muslims and the six government appointed members need not have supported the Citizenship Bill.

What we are left with is the Pollution of Administration of Justice by ignoring the principle of legality. The principle states that when we legislate to the hurt of a minority, it should be stated in clear unambiguous terms, acknowledging the political cost. This was never done in Lanka, although the cost was heavy. The new politics was exemplified in arm-twisting T.B. Jayah, champion of the underdog, to join the Government. But is that a way to build up a united nation?

In the 1950s any bill passed by a simple majority and signed by the Speaker was accepted as law, ignoring the two-thirds majority requirement for bills that violated the Constitution. Thus, Sinhala Only became law with 66 voting for and 29 against, short of a two-thirds majority. No one challenged it in court until Ranasinghe in the early 1960s, over something unconnected, the Bribery Tribunals Act. The Privy Council ruled that the Act required a two-thirds majority the Government did not show, and ruled in favour of Ranasinghe.

Giving judgment on 5th May 1964 for Ranasinghe’s case, nine days after de Kretser’s ruling Sinhala Only unconstitutional in the Colombo District Court as violating Article 29 (2), Lord Pearce reaffirmed the long ignored ‘fundamental conditions,’ or equality, stressing Article 29. By this time the SLFP-Left coalition and the UNP wanted the Privy Council and the Soulbury Constitution out. The mutual embarrassment had become heavy. This was accomplished in the new 1972 constitution, ridding our final toehold on the rule of law.

By the time Lord Pearce ruled for a correction in 1964, the Left and the Sinhalese right had rejected reform. The tested and potent Magna Carta right of detention only on the sufferance of a Judge was gone in 1947 and reaffirmed in the 1972 ‘progressive’ constitution. The erosion of law made communal violence, the worst manifestation of barbarity, to savage and kill an innocent person on the basis of race, acceptable. The State failed to punish and the Sinhalese were apologetic in a half-hearted way – Sinhalese they said protected Tamils.

An uneasy calm prevailed until 1977. The Muslims regarded themselves fairly safe while Jayewardene opened all stops of the 1972 Constitution. As for the criminal intent of our laws, Dr. Rajasundaram, like many Tamils, approved of the militancy only for a defensive purpose, against state-initiated attacks on civilians. The Sansoni Commission report gives several examples of such in 1977. Having committed himself to rehabilitate Tamil refugees, Rajasundaram had to face the violence of the State. What he did was far from terrorism.

He was detained under the PTA on the gossipy charge of trying to make peace between Maheswaran and Santhathiyar. When the tortured victim was produced in court, Judge Bandaranayake, instead of discharging him, announced an indefinite postponement of the hearing. Six days later he was killed in the infamous Welikade Prison massacre on 25th July 1983. While proof will never be found, it is quite certain that the massacre was organised by the Kelaniya mafia, still a major force in government, the seed planted by the PSO. This was about the time the Government viciously accused the JVP of responsibility for July 1983 and forced it underground, just when it democratically contested the Government’s foul play over the 1982 referendum. The damage was far worse than recent scams that provoked protests.

The Tamils professing to fight for liberation were also infected with the vulgar legalism inherited from the State – its constant demand for proof over complaints about missing persons. In Jaffna, the university students spontaneously went on strike in 1986 charging the LTTE with the disappearance of student Vijitharan. The LTTE leader Kittu came to discuss matters in the University of Jaffna common room. When confronted with the allegation, he responded, “Where is the proof?”

The Government tried tactical evasion by introducing a Bureau of Rehabilitation law that was disallowed by the Supreme Court on 20th October 2022. The state of our laws flows directly from the Citizenship Act. No Government has tried to put us right. All worked in the same culture to our detriment. The Language issue is but a by-product of the Citizenship Act.



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Rebuilding Sri Lanka Through Inclusive Governance

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Management Committee of the 'Rebuilding Sri Lanka' Fund Appointed with Representatives from the Public and Private Sectors - PMD

In the immediate aftermath of Cyclone Ditwah, the government has moved swiftly to establish a Presidential Task Force for Rebuilding Sri Lanka with a core committee to assess requirements, set priorities, allocate resources and raise and disburse funds. Public reaction, however, has focused on the committee’s problematic composition. All eleven committee members are men, and all non-government seats are held by business personalities with no known expertise in complex national development projects, disaster management and addressing the needs of vulnerable populations. They belong to the top echelon of Sri Lanka’s private sector which has been making extraordinary profits. The government has been urged by civil society groups to reconsider the role and purpose of this task force and reconstitute it to be more representative of the country and its multiple  needs.

 The group of high-powered businessmen initially appointed might greatly help mobilise funds from corporates and international donors, but this group may be ill equipped to determine priorities and oversee disbursement and spending. It would be necessary to separate fundraising, fund oversight and spending prioritisation, given the different capabilities and considerations required for each. International experience in post disaster recovery shows that inclusive and representative structures are more likely to produce outcomes that are equitable, efficient and publicly accepted. Civil society, for instance, brings knowledge rooted in communities, experience in working with vulnerable groups and a capacity to question assumptions that may otherwise go unchallenged.

 A positive and important development is that the government has been responsive to these criticisms and has invited at least one civil society representative to join the Rebuilding Sri Lanka committee. This decision deserves to be taken seriously and responded to positively by civil society which needs to call for more representation rather than a single representative.  Such a demand would reflect an understanding that rebuilding after a national disaster cannot be undertaken by the state and the business community alone. The inclusion of civil society will strengthen transparency and public confidence, particularly at a moment when trust in institutions remains fragile. While one appointment does not in itself ensure inclusive governance, it opens the door to a more participatory approach that needs to be expanded and institutionalised.

Costly Exclusions

 Going  down the road of history, the absence of inclusion in government policymaking has cost the country dearly. The exclusion of others, not of one’s own community or political party, started at the very dawn of Independence in 1948. The Father of the Nation, D S Senanayake, led his government to exclude the Malaiyaha Tamil community by depriving them of their citizenship rights. Eight years later, in 1956, the Oxford educated S W R D Bandaranaike effectively excluded the Tamil speaking people from the government by making Sinhala the sole official language. These early decisions normalised exclusion as a tool of governance rather than accommodation and paved the way for seven decades of political conflict and three decades of internal war.

Exclusion has also taken place virulently on a political party basis. Both of Sri Lanka’s post Independence constitutions were decided on by the government alone. The opposition political parties voted against the new constitutions of 1972 and 1977 because they had been excluded from participating in their design. The proposals they had made were not accepted. The basic law of the country was never forged by consensus. This legacy continues to shape adversarial politics and institutional fragility. The exclusion of other communities and political parties from decision making has led to frequent reversals of government policy. Whether in education or economic regulation or foreign policy, what one government has done the successor government has undone.

 Sri Lanka’s poor performance in securing the foreign investment necessary for rapid economic growth can be attributed to this factor in the main. Policy instability is not simply an economic problem but a political one rooted in narrow ownership of power. In 2022, when the people went on to the streets to protest against the government and caused it to fall, they demanded system change in which their primary focus was corruption, which had reached very high levels both literally and figuratively. The focus on corruption, as being done by the government at present, has two beneficial impacts for the government. The first is that it ensures that a minimum of resources will be wasted so that the maximum may be used for the people’s welfare.

Second Benefit

 The second benefit is that by focusing on the crime of corruption, the government can disable many leaders in the opposition. The more opposition leaders who are behind bars on charges of corruption, the less competition the government faces. Yet these gains do not substitute for the deeper requirement of inclusive governance. The present government seems to have identified corruption as the problem it will emphasise. However, reducing or eliminating corruption by itself is not going to lead to rapid economic development. Corruption is not the sole reason for the absence of economic growth. The most important factor in rapid economic growth is to have government policies that are not reversed every time a new government comes to power.

 For Sri Lanka to make the transition to self-sustaining and rapid economic development, it is necessary that the economic policies followed today are not reversed tomorrow. The best way to ensure continuity of policy is to be inclusive in governance. Instead of excluding those in the opposition, the mainstream opposition in particular needs to be included. In terms of system change, the government has scored high with regard to corruption. There is a general feeling that corruption in the country is much reduced compared to the past. However, with regard to inclusion the government needs to demonstrate more commitment. This was evident in the initial choice of cabinet ministers, who were nearly all men from the majority ethnic community. Important committees it formed, including the Presidential Task Force for a Clean Sri Lanka and the Rebuilding Sri Lanka Task Force, also failed at first to reflect the diversity of the country.

 In a multi ethnic and multi religious society like Sri Lanka, inclusivity is not merely symbolic. It is essential for addressing diverse perspectives and fostering mutual understanding. It is important to have members of the Tamil, Muslim and other minority communities, and women who are 52 percent of the population, appointed to important decision making bodies, especially those tasked with national recovery. Without such representation, the risk is that the very communities most affected by the crisis will remain unheard, and old grievances will be reproduced in new forms. The invitation extended to civil society to participate in the Rebuilding Sri Lanka Task Force is an important beginning. Whether it becomes a turning point will depend on whether the government chooses to make inclusion a principle of governance rather than treat it as a show of concession made under pressure.

by Jehan Perera

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Reservoir operation and flooding

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Floods caused by Cyclone Ditwah

Former Director General of Irrigation, G.T. Dharmasena, in an article, titled “Revival of Innovative systems for reservoir operation and flood forecasting” in The Island of 17 December, 2025, starts out by stating:

“Most reservoirs in Sri Lanka are agriculture and hydropower dominated. Reservoir operators are often unwilling to acknowledge the flood detention capability of major reservoirs during the onset of monsoons. Deviating from the traditional priority for food production and hydropower development, it is time to reorient the operational approach of major reservoirs operators under extreme events, where flood control becomes a vital function. While admitting that total elimination of flood impacts is not technically feasible, the impacts can be reduced by efficient operation of reservoirs and effective early warning systems”.

Addressing the question often raised by the public as to “Why is flooding more prominent downstream of reservoirs compared to the period before they were built,” Mr. Dharmasena cites the following instances: “For instance, why do (sic) Magama in Tissamaharama face floods threats after the construction of the massive Kirindi Oya reservoir? Similarly, why does Ambalantota flood after the construction of Udawalawe Reservoir? Furthermore, why is Molkawa, in the Kalutara District area, getting flooded so often after the construction of Kukule reservoir”?

“These situations exist in several other river basins, too. Engineers must, therefore, be mindful of the need to strictly control the operation of the reservoir gates by their field staff. (Since) “The actual field situation can sometimes deviate significantly from the theoretical technology… it is necessary to examine whether gate operators are strictly adhering to the operational guidelines, as gate operation currently relies too much on the discretion of the operator at the site”.

COMMENT

For Mr. Dharmasena to bring to the attention of the public that “gate operation currently relies too much on the discretion of the operator at the site”, is being disingenuous, after accepting flooding as a way of life for ALL major reservoirs for decades and not doing much about it. As far as the public is concerned, their expectation is that the Institution responsible for Reservoir Management should, not only develop the necessary guidelines to address flooding but also ensure that they are strictly administered by those responsible, without leaving it to the arbitrary discretion of field staff. This exercise should be reviewed annually after each monsoon, if lives are to be saved and livelihoods are to be sustained.

IMPACT of GATE OPERATION on FLOODING

According to Mr. Dhamasena, “Major reservoir spillways are designed for very high return periods… If the spillway gates are opened fully when reservoir is at full capacity, this can produce an artificial flood of a very large magnitude… Therefore, reservoir operators must be mindful in this regard to avoid any artificial flood creation” (Ibid). Continuing, he states: “In reality reservoir spillways are often designed for the sole safety of the reservoir structure, often compromising the safety of the downstream population. This design concept was promoted by foreign agencies in recent times to safeguard their investment for dams. Consequently, the discharge capacities of these spill gates significantly exceed the natural carrying capacity of river(s) downstream” (Ibid).

COMMENT

The design concept where priority is given to the “sole safety of the structure” that causes the discharge capacity of spill gates to “significantly exceed” the carrying capacity of the river is not limited to foreign agencies. Such concepts are also adopted by local designers as well, judging from the fact that flooding is accepted as an inevitable feature of reservoirs. Since design concepts in their current form lack concern for serious destructive consequences downstream and, therefore, unacceptable, it is imperative that the Government mandates that current design criteria are revisited as a critical part of the restoration programme.

CONNECTIVITY BETWEEN GATE OPENINGS and SAFETY MEASURES

It is only after the devastation of historic proportions left behind by Cyclone Ditwah that the Public is aware that major reservoirs are designed with spill gate openings to protect the safety of the structure without factoring in the consequences downstream, such as the safety of the population is an unacceptable proposition. The Institution or Institutions associated with the design have a responsibility not only to inform but also work together with Institutions such as Disaster Management and any others responsible for the consequences downstream, so that they could prepare for what is to follow.

Without working in isolation and without limiting it only to, informing related Institutions, the need is for Institutions that design reservoirs to work as a team with Forecasting and Disaster Management and develop operational frameworks that should be institutionalised and approved by the Cabinet of Ministers. The need is to recognize that without connectivity between spill gate openings and safety measures downstream, catastrophes downstream are bound to recur.

Therefore, the mandate for dam designers and those responsible for disaster management and forecasting should be for them to jointly establish guidelines relating to what safety measures are to be adopted for varying degrees of spill gate openings. For instance, the carrying capacity of the river should relate with a specific openinig of the spill gate. Another specific opening is required when the population should be compelled to move to high ground. The process should continue until the spill gate opening is such that it warrants the population to be evacuated. This relationship could also be established by relating the spill gate openings to the width of the river downstream.

The measures recommended above should be backed up by the judicious use of the land within the flood plain of reservoirs for “DRY DAMS” with sufficient capacity to intercept part of the spill gate discharge from which excess water could be released within the carrying capacity of the river. By relating the capacity of the DRY DAM to the spill gate opening, a degree of safety could be established. However, since the practice of demarcating flood plains is not taken seriously by the Institution concerned, the Government should introduce a Bill that such demarcations are made mandatory as part of State Land in the design and operation of reservoirs. Adopting such a practice would not only contribute significantly to control flooding, but also save lives by not permitting settlement but permitting agricultural activities only within these zones. Furthermore, the creation of an intermediate zone to contain excess flood waters would not tax the safety measures to the extent it would in the absence of such a safety net.

CONCLUSION

Perhaps, the towns of Kotmale and Gampola suffered severe flooding and loss of life because the opening of spill gates to release the unprecedented volumes of water from Cyclone Ditwah, was warranted by the need to ensure the safety of Kotmale and Upper Kotmale Dams.

This and other similar disasters bring into focus the connectivity that exists between forecasting, operation of spill gates, flooding and disaster management. Therefore, it is imperative that the government introduce the much-needed legislative and executive measures to ensure that the agencies associated with these disciplines develop a common operational framework to mitigate flooding and its destructive consequences. A critical feature of such a framework should be the demarcation of the flood plain, and decree that land within the flood plain is a zone set aside for DRY DAMS, planted with trees and free of human settlements, other than for agricultural purposes. In addition, the mandate of such a framework should establish for each river basin the relationship between the degree to which spill gates are opened with levels of flooding and appropriate safety measures.

The government should insist that associated Agencies identify and conduct a pilot project to ascertain the efficacy of the recommendations cited above and if need be, modify it accordingly, so that downstream physical features that are unique to each river basin are taken into account and made an integral feature of reservoir design. Even if such restrictions downstream limit the capacities to store spill gate discharges, it has to be appreciated that providing such facilities within the flood plain to any degree would mitigate the destructive consequences of the flooding.

By Neville Ladduwahetty

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Listening to the Language of Shells

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The ocean rarely raises its voice. Instead, it leaves behind signs — subtle, intricate and enduring — for those willing to observe closely. Along Sri Lanka’s shores, these signs often appear in the form of seashells: spiralled, ridged, polished by waves, carrying within them the quiet history of marine life. For Marine Naturalist Dr. Malik Fernando, these shells are not souvenirs of the sea but storytellers, bearing witness to ecological change, resilience and loss.

“Seashells are among the most eloquent narrators of the ocean’s condition,” Dr. Fernando told The Island. “They are biological archives. If you know how to read them, they reveal the story of our seas, past and present.”

A long-standing marine conservationist and a member of the Marine Subcommittee of the Wildlife & Nature Protection Society (WNPS), Dr. Fernando has dedicated much of his life to understanding and protecting Sri Lanka’s marine ecosystems. While charismatic megafauna often dominate conservation discourse, he has consistently drawn attention to less celebrated but equally vital marine organisms — particularly molluscs, whose shells are integral to coastal and reef ecosystems.

“Shells are often admired for their beauty, but rarely for their function,” he said. “They are homes, shields and structural components of marine habitats. When shell-bearing organisms decline, it destabilises entire food webs.”

Sri Lanka’s geographical identity as an island nation, Dr. Fernando says, is paradoxically underrepresented in national conservation priorities. “We speak passionately about forests and wildlife on land, but our relationship with the ocean remains largely extractive,” he noted. “We fish, mine sand, build along the coast and pollute, yet fail to pause and ask how much the sea can endure.”

Through his work with the WNPS Marine Subcommittee, Dr. Fernando has been at the forefront of advocating for science-led marine policy and integrated coastal management. He stressed that fragmented governance and weak enforcement continue to undermine marine protection efforts. “The ocean does not recognise administrative boundaries,” he said. “But unfortunately, our policies often do.”

He believes that one of the greatest challenges facing marine conservation in Sri Lanka is invisibility. “What happens underwater is out of sight, and therefore out of mind,” he said. “Coral bleaching, mollusc depletion, habitat destruction — these crises unfold silently. By the time the impacts reach the shore, it is often too late.”

Seashells, in this context, become messengers. Changes in shell thickness, size and abundance, Dr. Fernando explained, can signal shifts in ocean chemistry, rising temperatures and increasing acidity — all linked to climate change. “Ocean acidification weakens shells,” he said. “It is a chemical reality with biological consequences. When shells grow thinner, organisms become more vulnerable, and ecosystems less stable.”

Climate change, he warned, is no longer a distant threat but an active force reshaping Sri Lanka’s marine environment. “We are already witnessing altered breeding cycles, migration patterns and species distribution,” he said. “Marine life is responding rapidly. The question is whether humans will respond wisely.”

Despite the gravity of these challenges, Dr. Fernando remains an advocate of hope rooted in knowledge. He believes public awareness and education are essential to reversing marine degradation. “You cannot expect people to protect what they do not understand,” he said. “Marine literacy must begin early — in schools, communities and through public storytelling.”

It is this belief that has driven his involvement in initiatives that use visual narratives to communicate marine science to broader audiences. According to Dr. Fernando, imagery, art and heritage-based storytelling can evoke emotional connections that data alone cannot. “A well-composed image of a shell can inspire curiosity,” he said. “Curiosity leads to respect, and respect to protection.”

Shells, he added, also hold cultural and historical significance in Sri Lanka, having been used for ornamentation, ritual objects and trade for centuries. “They connect nature and culture,” he said. “By celebrating shells, we are also honouring coastal communities whose lives have long been intertwined with the sea.”

However, Dr. Fernando cautioned against romanticising the ocean without acknowledging responsibility. “Celebration must go hand in hand with conservation,” he said. “Otherwise, we risk turning heritage into exploitation.”

He was particularly critical of unregulated shell collection and commercialisation. “What seems harmless — picking up shells — can have cumulative impacts,” he said. “When multiplied across thousands of visitors, it becomes extraction.”

As Sri Lanka continues to promote coastal tourism, Dr. Fernando emphasised the need for sustainability frameworks that prioritise ecosystem health. “Tourism must not come at the cost of the very environments it depends on,” he said. “Marine conservation is not anti-development; it is pro-future.”

Dr. Malik Fernando

Reflecting on his decades-long engagement with the sea, Dr. Fernando described marine conservation as both a scientific pursuit and a moral obligation. “The ocean has given us food, livelihoods, climate regulation and beauty,” he said. “Protecting it is not an act of charity; it is an act of responsibility.”

He called for stronger collaboration between scientists, policymakers, civil society and the private sector. “No single entity can safeguard the ocean alone,” he said. “Conservation requires collective stewardship.”

Yet, amid concern, Dr. Fernando expressed cautious optimism. “Sri Lanka still has immense marine wealth,” he said. “Our reefs, seagrass beds and coastal waters are resilient, if given a chance.”

Standing at the edge of the sea, shells scattered along the sand, one is reminded that the ocean does not shout its warnings. It leaves behind clues — delicate, enduring, easily overlooked. For Dr. Malik Fernando, those clues demand attention.

“The sea is constantly communicating,” he said. “In shells, in currents, in changing patterns of life. The real question is whether we, as a society, are finally prepared to listen — and to act before silence replaces the story.”

 

By Ifham Nizam

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