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Midweek Review

How USAID influenced Sri Lanka

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Director of the USAID Sri Lanka Office, Reed J. Aeschliman, with then President Gotabaya Rajapaksa in June 2021 (pic courtesy PMD)

While the country was rapidly heading for an unprecedented political, economic and social crisis, then President Gotabaya Rajapaksa, in the first week of June 2021, received Director of the USAID Sri Lanka Office, Reed J. Aeschliman, at the Presidential Secretariat. Among those present were Deputy Chief of Mission at the US Embassy Martin Kelly, USAID Programme Director Chistopher Foley, Secretary to the President P.B. Jayasundera, Finance Secretary S.R. Attygalle and Director General of External Resources Department at the Finance Ministry Ajith Abeysekera. Following the meeting, the President’s Office announced that steps would be taken to accelerate development programmers funded by the USAID. Perhaps, the former President should inquire whether the USAID actually provided any assistance to the public sector during his presidency.

By Shamindra Ferdinando

The United States Agency for International Development (USAID) never hesitated to provide funding for any project at any level as long as they aligned primarily with the overall US political and even sinister objectives. The beneficiaries ranged from Parliament to media organizations and even individuals.

In August 2024 the USAID partnered with Neon and Echelon Media to host the Shine 50 Awards at the Oak Room Ballroom, Cinnamon Grand. According to the organizers the event was meant to celebrate 50 young women making remarkable contributions across Sri Lanka.

Ambassador Julie J. Chung was there to recognize women aged 18 to 35 who were described as driving change in diverse fields, such as entrepreneurship, environmental advocacy, the arts, science, and technology. That was a minor thing by their standards or level of operations.

It would be pertinent to mention that USAID operations here should be examined taking into consideration developments in the wake of Maithripala Sirisena’s triumph at the 2015 January presidential election.

President Donald Trump has taken steps to neutralize USAID in line with an overall strategy meant to cut down on external spending. Those who had been receiving US funding on various pretexts are aghast over the unexpected development. However, Trump has suffered an initial setback due to the US District Judge Carl Nichols temporarily blocking the new administration from putting over 2,000 USAID employees on paid leave. Nichols agreed with two federal employee associations seeking a pause in the administration’s plans to put USAID employees on paid leave.

The Yahapalana government of Sirisena and Premier Ranil Wickremesinghe had a treacherous understanding with the US. Their operation began with the Yahapalana duo betraying the war-winning armed forces at the Geneva based United Nations Human Rights Council (UNHRC), in early Oct. 2015, where they helped move a war crimes resolution against one’s own country, possibly a world first.

While USAID spent as much as USD 7.9 mn (what a gravy train?) to teach Sri Lankan journalists how to avoid “binary-gendered language”, attracted public attention recently, far bigger issues have been conveniently ignored. In other words, the US promoted and encouraged the LGBTGQ (lesbian, gay, bisexual, transgender, and queer) project here. Do not forget that SLPP National List MP and Attorney-at-Law Premanath Dolawatta perhaps realising which way the wind was blowing, jumped on that band wagon and presented a Bill in support of LGBTQ people in Parliament in April 2023.

USAID intensified its operations here during Sirisena’s presidency. Having secured the executive presidency, with the backing of the UNP-TNA-JVP combine, Sirisena had no option but to go with Wickremesinghe’s agenda. The US orchestrated the Geneva betrayal with the support of the Yahapalana government and the TNA. Those who now represented the main Opposition SJB had been with the UNP and should be also held accountable for the great betrayal of our armed forces.

The UNP and Maithripala Sirisena’s SLFP fully cooperated on the high profile USAID project. Karu Jayasuriya, the incumbent head of the so-called National Movement for Social Justice (NMSJ), as the then Speaker, should be able to explain the circumstances in which Parliament finalized an agreement with the USAID worth USD 13.7 mn (Rs 1.92 bn).

Perhaps the current Parliament can examine the outcome of the high-profile USAID project launched in late November 2016. Interestingly, USD 3 mn had been released in September 2016 before the official launch of the project.

Parliament announced the USAID project in the wake of Sri Lanka becoming the newest member of the United States’ House Democracy Partnership programme which purports to support peer-to-peer exchanges for partner legislatures around the world.

The signing of the agreement took place in Washington DC on Sept. 14, 2016. Speaker Jayasuriya and US Congressman Peter J. Roskam, Chairman of the House Democracy Partnership, signed on behalf of the Sri Lanka Parliament and the House Democracy Partnership, respectively.

Jayasuriya was accompanied by Deputy Minister of Power and Renewable Energy Ajith P. Perera, Deputy Minister of Parliament Reform and Mass Media Karu Paranavithane, State Minister for City Planning and Water Supply Dr. Sudarshini Fernandopulle, Secretary General of Parliament Dhammika Dasanayake and Sri Lanka’s Ambassador to the United States of America Prasad Kariyawasam.

The Parliament certainly owes an explanation as to the improvement made in terms of the three-year Strengthening Democratic Governance and Accountability Project (SDGAP) geared to improve strategic planning and communication within the government and Parliament, enhance public outreach, develop more effective policy reform and implementation processes, and increase political participation of women and underrepresented groups in Parliament and at a local level.

All know that Parliament deteriorated further during the operation of that particular USAID project. The launch of the SDGAP project took place after the UNP, led by Ranil Wickremesinghe, who also served as the Prime Minister, engineered the massive Treasury bond scams in Feb. 2015 and March 2016.

The people have a right to know how the USAID funds were spent and whether stated objectives were achieved, especially in light of former US Secretary of State John Kerry having crowed publicly about how they brought about undemocratic secret regime changes here and elsewhere after spending hundreds of millions of dollars. Having disclosed that the US spent USD 585 mn during that period for such operations Kerry perhaps unintentionally declared that Myanmar, Nigeria and Sri Lanka were the recipients of State Department funding for those clandestine projects.

Maryland-headquartered Development Alternatives, Inc. (DAI) implemented the project intended to reform the public sector in accordance with an agreement between Sri Lanka and the House Democracy Partnership of the US House of Representatives.

During the implementation of that USAID project, Speaker Jayasuriya retained retired controversial career diplomat Prasad Kariyawasam as his advisor. Kariyawasam, who had served as the Foreign Secretary after being Sri Lanka’s Ambassador in Washington, was on the USAID payroll. Kariyawasam earned the wrath of the JO/SLPP and various other parties. They accused him of promoting US interests, both in and outside Parliament. Even as Sri Lanka’s Ambassador in Washington, he figured in a rather embarrassing press conference with TNA Parliamentarian M.A. Sumanthiran, where the latter asserted that there was a tripartite agreement on the setting up of a hybrid court to investigate accountability issues in Sri Lanka, meaning war crimes.

People have forgotten how the US backed retired General Sarath Fonseka’s candidature (Sirisena promoted him Field Marshal in 2015) at the 2010 presidential election. How the US and the UNP ensnared the Sinha Regiment war hero is still a mystery and the 2009/2010 US project that also involved the JVP didn’t do Fonseka any good.

Target political parties

Sri Lankans love freebees. Our politicians and officials are no exception. They are never satisfied. Karu Jayasuriya created history when he requested China to arrange MPs in Yahapalana Parliament to visit China. Of the 225 MPs, nearly 200 received free trip. Sri Lankan lawmakers also received nearly 240 laptops from China in August 2017. China gifted the laptops worth $ 293,000 on a request made by Speaker Jayasuriya. What our lawmakers did with those laptops to enhance their efficiency is nothing but a mystery.

By the time our MPs concluded group visits to China and Parliament installed laptops, the Yahapalana government finalized an agreement on Hambantota port with China. It gave a 99-year lease on the Hambantota port in 2017 for USD 1.2 bn which is an utterly controversial but irreversible agreement that jeopardized Indo-Lanka relations. As to what the Yahapalana government, which practiced anything but good governance, did with that money and more than USD 12 billion it borrowed at high interest from the international bond market for no apparent reason, is anybody’s guess; perhaps only thing it achieved was causing an unprecedented foreign exchange crisis that led to the unceremonious downfall of the succeeding SLPP government of Gatabaya Rajapaksa.

Our political parties never refused anything. Fully paid foreign trips are something our lawmakers cannot decline under any circumstances. That is the ugly truth.

In the midst of political, economic and social turmoil against the backdrop of the country being declared bankrupt, the Women Parliamentarians’ Caucus’ visit to New Zealand in July/August 2023 grabbed public attention.

So much so, Secretary General of Parliament Kushani Rohanadeera issued a brief statement to explain the position of the Parliament. Rohanadeera insisted that public funds weren’t utilized. The funding was provided by Sri Lanka’s development partners. The initiative launched two and half years ago, never received public funding and the visit was meant to gain experience from developed countries in the Commonwealth.

The group consisted of Dr. Sudarshini Fernandopulle (SLPP), Dr. Sitha Arambepola (SLPP), Rohini Kumari Wijeratne (SJB), Pavithradevi Vanniarachchi (SLPP), Geetha Samanmalee Kumarasinghe (SLPP), Thalatha Atukorale (SJB), Kokila Gunawardena (SLPP), Mudita Prishanthi (SLPP), Rajika Wickramasinghe (SLPP), Manjula Dissanayake (SLPP) and (Dr.) Harini Amarasuriya (JJB). Secretary General of Parliament Kushani Rohanadeera, Assistant Director (Administration) Indira Dissanayake and Media Manager of Parliament Nimmi Hathiyaldeniya accompanied the delegation. Having left the country on 24th July, the group concluded the visit on 3rd August.

The US provided the funding. The National Democratic Institute (NDI), with funding provided by the USAID, organized the tour undertaken by the Women Parliamentarians’ Caucus.

In addition to the USAID, the NDI works closely with the National Endowment for Democracy, the US Department of State and the Consortium for Elections and Political Process Strengthening (CEPPS). The above-mentioned organisations are well known around the world for sponsoring such initiatives, in line with furthering US interests.

The US fully sponsored another parliamentary delegation in Oct. 2023. Chairpersons of all Oversight Committees were invited, while denying patriotic Chairman of Oversight Committee on National Security Rear Admiral (retd.) Sarath Weerasekera, MP, the opportunity to join the delegation. That visit, too, had been organized by the NDI with the funding provided by USAID.

According to the US Embassy here they have provided more than US $2 billion (Rs. 598 billion) in assistance to Sri Lanka since 1956 (over a period of 68 years) to support Sri Lanka’s agriculture, education, health, environment, water, sanitation, infrastructure, governance, and business development and provide humanitarian assistance. Over the last seven decades, US support has helped modernize Sri Lanka’s diesel coaches, supported its thriposha supplemental nutrition programme, supported the development of electric vehicle charging stations., and empowered women entrepreneurs to drive economic growth, the Embassy has stressed.

Funding for BASL

The Bar Association of Sri Lanka is another major recipient of USAID funding. Over the years, USAID has become an indispensable partner for the BASL as the former generously provided the required funding.

The USAID is believed to be the main external sponsor of the BASL while from time to time BASL asked for sponsorship from the Colombo Port City as well as Perpetual Treasuries Limited (PTL), still suspended for perpetrating Treasury bond scams.

USAID financial backing had been so vital for the BASL, Ambassador Julie Chung attended the two-day National Law Conference (NLC) in March 2023 as the Guest of Honour. BASL invited Ambassador Chung in spite of continuing controversy over her direct alleged role in the overthrowing of President Gotabaya Rajapaksa. The BASL defended the decision on the basis of continuous USAID financial backing for several legal education programmes, conducted by the BASL, under the Effective & Efficient Justice (EEJ) Programme, and several other programmes.

Ambassador Chung addressed the final session of the National Law Conference held at the Grand Hotel Nuwara Eliya over a period of three days in the first week of June 2023. Less than a year later the shocking disclosure of BASL-JICA controversy over disbursement of funds received from the latter and the unceremonious resignation of BASL President Kaushalya Nawaratna, PC, in mid-September 2024 underscored the gravity of the situation. JICA handled the developments carefully as the bankrupt country learnt about corruption in a JICA-funded anti-corruption project.

The Bar Council, the apex body of the BASL unanimously asked Nawaratna to step down after it was proved that he failed to act with transparency in respect of the contract entered into by the BASL with JICA, dated Dec 11, 2023, and thereby violated the trust reposed in him as its President.

Although various NGOs receiving foreign funds had been an issue, the agreements the Parliament, BASL and the Justice Ministry had entered into with external sponsors never earned the public attention. Let me stress that in addition to USAID funding, various other parties such as China, India, EU and UNDP spent quiet lavishly for projects here. At one-time, Norway had been the leading foreign funds provider to various groups and organizations here. The Liberation Tigers of Tamil Eelam (LTTE) had been among the recipients of Norwegian funding. The Tamil Rehabilitation Organization, an LTTE front, too, had received foreign funding while they caused death and destruction.

In Nov. 2023 the then dissident SLPP MP Gevindu Cumaratunga raised concerns in Parliament about external interventions in the judiciary. When the writer inquired about his move, the leader of the Yuthukama civil society organization said he did so without any malicious intent. Cumaratunga urged Parliament to provide required funds for judges of the Supreme Court and other courts to receive overseas training.

The MP warned against the judges receiving foreign training, courtesy USAID, against the backdrop of the US development assistance arm being accused of influencing the powers that be. Such criticism should be re-examined in the aftermath of the new US administration’s fierce attacks on USAID.

The first time National List MP also questioned the influence the USAID was having on the BASL. Cumaratunga also questioned the amount of money received by the BASL from the USAID annually.

The outspoken MP said that if the government felt the necessity to provide foreign expertise to judges at any level it should be at the expense of Sri Lankan taxpayers. This was raised in the wake of a group of Supreme Court judges receiving US training.

Referring to the happenings during the Yahapalana administration (2015-2019), MP Cumaratunga recalled the role played by former Lankan Ambassador to Washington and then Foreign Secretary Prasad Kariyawasam, who then served as the USAID paid advisor to the then Speaker Karu Jayasuriya. Referring to the role played by Kariyawasam in the finalization of ACSA (Access and Cross Servicing Agreement) in August 2017, MP Cumaratunga pointed out the then President Maithripala Sirisena is on record as having said that he was not really informed of what was going on.

However, Sri Lanka first entered into ACSA during Mahinda Rajapaksa’s first tenure as President over a decade before Cumaratunga entered Parliament, with the former’s blessings. Sri Lanka, however, should be eternally thankful to the US for providing critical intelligence support that enabled the Navy to hunt down floating LTTE arsenals on the high seas during the final phase of the conflict, Eelam War IV (2006-2009). That was the turning point in the war against the LTTE many considered invincible. (The writer was a beneficiary of US Defence Department programme in the 90s that enabled visits to countries where US maintained powerful forces, including Hawaii, home to all branches of US military). It could well have been a case of changing horses on seeing the writing on the wall, especially with New Delhi after being a perennial thorn on its back finally cosying up to Washington with dreams of joining the rich man’s club.

Sri Lanka needs to tighten controls. The Central Bank must take tangible measures to ensure stricter control of fund transfers even in the guise of being meant for religious work. Comprehensive examination of funds transfers would reveal that what has been achieved on the ground doesn’t correspond with massive sums of money received by organizations here.



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Midweek Review

22A: Developing constitutional quagmire

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The government’s high profile project to enact the 22nd Amendment failed to secure any tangible support from anyone outside the NPP, in Parliament or outside. In a statement, the Illankai Thamil Arasu Kadchi (ITAK) noted that the proposed amendment concerned the sovereignty of the people and, therefore, required approval through a referendum. The ITAK, a key member of the six-party Political Council of Tamil-Speaking people (PCTSP) and the second largest party in the Northern and Eastern Provinces, other than the NPP, is opposed to President Dissanayake’s move. Tamil Progressive Party (TPA) leader and former Minister Mano Ganeshan, also of the PCTSP, has rejected the 22nd Amendment. The Island learns that all political parties, represented in the PCTSP, are opposed to the proposed Amendment.

The NPP obtained the most seats at the Parliamentary General Election 2024. Other parties that managed to gain seats in Parliament are the Samagi Jana Balawegaya (SJB/40 seats), Ilankai Tamil Arasu Kadchi (ITAK/8 seats), New Democratic Front (NDF/5 seats), Sri Lanka Podujana Peramuna (SLPP/3 seats), Sri Lanka Muslim Congress (SLMC/1), Sarvajana Balaya (SB/1), United National Party (UNP/1), Democratic Tamil National Alliance (DTNA/1), All Ceylon Tamil Congress (ACTC/1), All Ceylon Makkal Congress (ACMC/1), Jaffna – Independent Group 17 (IND17-1) and the Sri Lanka Labour Party (SLLP/1).

Timeline

* March 30, 2026, BASL wrote to Justice and National Integration Minister Harshana Nanayakkara seeking a meeting to discuss 22A

* May 25, 2026, BASL wrote to President Dissanayake seeking a meeting to discuss the same

* July 16, 2026, BASL wrote again to the Justice Minister underscoring the failure on his part and the President to respond to previous letters

* July 27, 2026, NPP executive committee member advocate Lal Wijenayake declared opposition to the government move

* July 29, 2026, BASL met the Justice Minister, sought a meeting with President Dissanayake

* July 31, 2026, Mahanayakes of four Chapters (Nikayas) wrote a joint letter to President Dissanayake urging him not to go ahead with the 22nd Amendment. But, the Mahanayakes refrained from releasing the letter to the media

* August 3, 2026, BASL disclosed the Mahanayakes’ letter to the President. Justice Minister Nanayakkara, accompanied by Health and Media Minister Dr. Nalinda Jayathissa, visited the Mahanayakes to explain the government stand. But, they denied receiving the crucial letter

* August 7, 2026, UN requested President Dissanayake, in no uncertain terms, to abandon the move.

* August 11, 2026, Government admitted receiving the Mahanayakes letter

* August 18, 2026, 22nd Amendment Bill presented in Parliament. Those opposed to the constitutional amendment began filing petitions. The BASL led the way. By 24 August, 21 petitions were filed.

* August 20, 2026, Catholic Bishops’ Conference urged the government not to proceed without adequate consultations.

* August 24, 2026, BASL, in a motion filed in the Supreme Court, suggested that Chief Justice Preethi Padman Surasena recuse from hearing the petitions

By Shamindra Ferdinando

In support of the ruling National People’s Power (NPP) government’s highly contentious move to enact the 22nd Amendment to the Constitution despite worldwide condemnation by eminent jurists, meant to extend the retirement ages of superior court judges, NPP leader and President Anura Kumara Dissanayake will address a series of countrywide meetings.

Dissanayake is also the leader of the Janatha Vimukthi Peramuna (JVP), the main constituent of the governing party.

Justice and National Integration Minister and Attorney-at-Law Harshana Nanayakkara, on 18 August, 2026, tabled the controversial 22nd Amendment Bill in Parliament. Nanayakkara also tabled the Judicature (Amendment) Bill on the same day. That will pave the way for the increase of the retirement ages of High Court judges to 63 years, and District Court and Magistrate Court judges to 62 years. The government wants to increase the retirement ages of Supreme Court and Court of Appeal judges to 67 and 65, respectively.

However, the government has proposed a six-year term for the Chief Justice but he/she will have to retire at the new mandatory retirement age of 67.

Health and Media Minister, as well as Cabinet spokesman Dr. Nalinda Jayathissa, recently announced the decision to launch the high profile propaganda campaign on 5 September. The NPP and JVP leader has vowed to enact the 22nd Amendment, come what may.

Dissanayake, who took over the party leadership on 2 February, 2014, at the 17th convention of the JVP, and formed the NPP in 2019, has indicated that he wouldn’t, under any circumstances, give up the 22nd Amendment. Dissanayake didn’t mince his words when he received a top level delegation of the Bar Association of Sri Lanka (BASL) at the Presidential Secretariat, on 12 August, to discuss the burning issue wracking the country. It would be pertinent to mention that the BASL raised the issue with Dissanayake, on 25 May, after Nanayakkara ignored their first request, made on 31 March.

The Supreme Court will hear over 20 petitions challenging the constitutionality of the 22nd Amendment Bill. Now that the matter is before the Supreme Court, the main opposition Samagi Jana Balawegaya (SJB) shouldn’t have sought to involve the BASL in a futile attempt to educate the NPP parliamentary group. The BASL, too, should know better. The BASL and SJB are among those who moved the Supreme Court. Against that background it would be unthinkable that the NPP parliamentary group wants to listen to BASL. Government activists, on Monday (24), organised a protest outside BASL Secretariat, NO. 153, Mihindu Mawatha, Colombo 12 demanding the resignation of BASL President Rajeev Amarasuriya.

SJB and Opposition Leader Sajith Premadasa clashed in Parliament with the leader of the House Bimal Rathnayake over his bid to bring in the BASL team to address the whole Parliament. NPP National List lawmaker Najith Indika declared on X that “the Opposition Leader couldn’t call all MPs for meetings. BASL either does not follow parliamentary procedure or knows how to manipulate public perception.”

The Supreme Court will receive petitions during two weeks, after the tabling of the Amendment. The Court should inform the Speaker of its determination within three weeks. Parliament will receive that determination ahead of President Dissanayake completing his second year in Office. The last presidential election was held on 21 September 2024.

Dissanayake won a five-year term and in November, the same year, led the party to a resounding victory at the parliamentary poll. The NPP/JVP position is that both Bills can be enacted with a 2/3 majority. With a mammoth 159 seats in Parliament, the government is confident that its political project can be easily achieved. But, the NPP operation has run into significant opposition with the United Nations, throwing its weight behind the BASL-led campaign.

Tabling of the two Bills on 18 August coincided with the 39th anniversary of the JVP grenade attack on the UNP parliamentary group, in the wake of the signing of the Indo-Lanka peace accord in 1987. Ajith Kumara, at that time a minor parliamentary employee, lobbed a hand grenade at the UNP group meeting, chaired by President J.R. Jayewardena. Prime Minister Ranasinghe Premadasa, too, was present. The then National Security Minister Lalith Athulathmudali narrowly escaped death in the attack that took place in the Committee Room 1 of Parliament. Deniyaya MP and Matara District Minister Keerthi Abeywickrema was killed. The writer covered the funeral, held on 22 August, 1987, at the playground of the Morawaka Maha Vidyalaya. Then the young Minister in charge of Youth Affairs and Employment, Ranil Wickremesinghe, was among those who represented the government at the funeral.

Kumara had been recruited as a sweeper by no less a person than the then Secretary General of Parliament, Nihal Seneviratne. Had Kumara been a member of the proscribed JVP at the time he joined the parliamentary staff or did the JVP approach him later?

The Colombo High Court acquitted Ajith Kumara on 12 October, 1990, and released him from custody on 6 August, 1993. Subsequently, the JVP accommodated Ajith Kumara on the party’s politburo and paved the way for him to contest the Sabaragamuwa Provincial Council poll on the JVP ticket. With fat hopes the JVP named him their chief ministerial candidate.

Key Opp demands

Pointing out that the matter before the Supreme Court judges related to them, the BASL requested that a bench consisting of a full court, comprising all the judges, be constituted to determine the constitutionality of the 22nd Amendment Bill. The BASL also requested the Supreme Court to determine that the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.

In the alternative, the BASL sought determination that Clause 2 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum and Clause 3 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.

Essentially, all petitioners have requested for a full court, comprising all Supreme Court judges and a referendum, if ordered, it’ll be the second instance. The first referendum was held in December 1982. The UNP that won an unbeatable 5/6 majority in a 168-member Parliament, at the 1977 parliamentary election, obtained a mandate of the people to extend the life of Parliament by six years. That utterly undemocratic, unreasonable and treacherous act contributed to the overall deterioration of the country. By the time the 1989 parliamentary poll was held, the police, backed by the armed forces, were fighting the JVP in the South, and the Indian Army, deployed in the Northern and Eastern regions, in terms of the Indo-Lanka Accord.

Former External Affairs Minister Prof. G. L. Peiris, convenor of the Joint Opposition grouping, too, moved the Supreme Court against the 22nd Amendment, and General Secretary of the SJB Ranjith Maddumabandara did the same. Altogether there were nearly two dozen petitioners

Ex-Law Professor Peiris has vigorously campaigned against the government move, and the weekly media briefing. held at former President Wickremesinghe’s Flower Road Office, has become the focal point of the Opposition campaign. Peiris insists that the Supreme Court shouldn’t hear the petitions as justices were direct beneficiaries of the proposed Amendment. Therefore, determination should be made at a referendum. In case the Supreme Court decides to hear the petitions, the full court consisting of all judges should be constituted to determine the constitutionality of the 22nd Amendment Bill, the former parliamentarian has asserted.

As repeatedly stressed by Prof. Peiris, two previous determinations by the Supreme Court that the alteration of superior court judges’ retirement ages should be subject to a referendum cannot be disregarded, under any circumstances. One of the determinations is of crucial importance as former Chief Justice Murdhu Fernando (December 2024 to July 2025) served on the three-member bench that made the far reaching announcement in 2022.

But, the BASL made an unexpected move on Monday. Close on the heels of its petition against the 22nd Amendment to the Constitution, the BASL filed a motion in the Supreme Court suggesting that Chief Justice Preethi Padman Suresena recuse from hearing petitions.

Petitioners BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva cited Attorney General as the respondent in a motion filed in terms of Article 121 read with Article 120 of the Constitution to determine whether the Bill, titled “Twenty Second Amendment to the Constitution,” or any part thereof, is required to be passed by a Referendum in terms of Article 83 of the Constitution.

The BASL pointed out that the first Judge of the Supreme Court, who would benefit if this Bill is enacted into law without the process of a referendum, is the Chief Justice, and further that if a referendum is mandated, then that there is a possibility that the Chief Justice may retire before its completion, and if for those reasons, the Chief Justice wished to recuse from hearing this matter, then the petitioners have requested the Chief Justice to constitute a bench comprising of all other judges in Supreme Court.

The maximum number of Supreme Court and Court of Appeal judges are 17, including the CJ and 20 judges ,including the President of the Court of Appeal, respectively. The NPP caused controversy by not filling vacancies among the superior court judges with the Opposition alleging there were four vacancies each. There’ll be another vacancy among the Court of Appeal judges in the first week of September.

The warning issued by the UN following a spate of other statements from various local and international bodies has brought tremendous pressure on the government. Having initially denied any knowledge of a joint letter, dated July 31, addressed to President Dissanayake by the Malwatta, Asgiriya, Amarapura and Ramanna chapters, the government, on 11 August, admitted the President received the letter.

However, the Catholic Bishops Conference publicly commented on this issue, only on 20 August, after all other concerned parties censured the government over the move. A section of the civil society that portrayed the 22nd Amendment as the panacea for a mountain of cases held up in courts had no option but to sing a different tune after the UN warned the NPP government over the pet project that seemed to have backfired. The UN’s position rattled the government and its backers.

18A and 20A

War-winning President Mahinda Rajapaksa enacted 18th Amendment to the Constitution in early September 2010. That despicable political project did away with a two-term time limit for the executive president and expanded presidential powers over independent commissions. That Bill received 161 votes, two more than the NPP parliamentary group. But, 18A didn’t do any good for President Rajapaksa or his party. Maithripala Sirisena, General Secretary of Mahinda Rajapaksa’s party, betrayed him, won the 2015 presidential election, and created an utterly undesirable political environment that, over a period of 10 years, ruined the country’s major political parties.

The emergence of the NPP as the dominant power should be examined taking into consideration the deterioration of the UNP, SLFP and the SLPP. The UNP and SLFP are no longer represented in Parliament while the SLPP that won a commanding 145 seats at the 2020 parliamentary poll was reduced to just three lawmakers in Parliament. SLPP’s National Organiser Namal Rajapaksa was so concerned about the transformation of the political environment he took refuge in the National List. Had he not taken that precaution, he wouldn’t be in Parliament today. While the SLPP deteriorated from 145 seats to just three, the NPP, whose 2020 parliamentary group consisted of just three, including one National List member (Dr. Harini Amarasuriya) ended up taking 159 seats, the best results achieved under the Proportional Representation system introduced in 1989.

Having handsomely won the 2019 presidential election, Gotabaya Rajapaksa brought in the 20th Amendment aimed at further consolidating his hold on power. Basil Rajapaksa, a dual citizen of Sri Lanka and the US, wanted to enter Parliament through the National List. The Rajapaksas removed a particular clause through the 19th Amendment to enable Basil Rajapaksa to enter Parliament. Subsequently, the SLPP accommodated Basil Rajapaksa in the Cabinet as the all-powerful Finance Minister. He succeeded Mahinda Rajapaksa in July 2021. But by then, the national economy had suffered irreparable damage and the 20th Amendment, meant to consolidate executive power, seemed irrelevant. Public protest campaign that received overt and covert US and Indian backing was launched in March 2022, leading to President Gotabaya Rajapaksa’s unceremonious ouster in July of same year due to India and Western backed violent protests.

The 18th Amendment and the 20th Amendment were enacted at the expense of particularly the 17th and 19th Amendments, respectively.

The Frontline Socialist Party (FSP) has alleged that the 22nd Amendment would enable the government to implement its neoliberal programme. The breakaway JVP group has asserted that the government’s sinister project is intended to remove whatever obstacles to its neoliberal strategy.

FSP’s Education Secretary Pubudu Jayagoda said: “A new Fisheries Act will divide the ocean into plots, lease the fish-rich areas to multinational corporations, and deprive local fishermen the opportunity to catch fish in the deep sea. The biggest obstacle to this is the fishermen. A Quality Assurance and Accreditation Commission Act is being drafted to grant state recognition and legality to degree mills. Three thousand schools are going to be closed, depriving children of the fundamental right to education. To do that, every pillar of the state must be brought under government control. A long list can be given: privatising hospital laboratory services, selling off state institutions, bringing forward new repressive laws like the PSTA (Protection of the State from Terrorism Act), and a new Cooperatives Act that snatches away people’s funds—many things like that. Taking the arbitrary power required to execute these into the hands of the executive is the true objective of this constitutional amendment.”

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Midweek Review

Shakespeare’s female characters

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Ophelia in a scene from Hamlet

Displaying Gender-Based Issues that Resonate with Our Times

by Dr. Siri Galhenage
Psychiatrist [Retd]

In most of William Shakespeare’s plays, the protagonists are male. He created such memorable characters as Hamlet, Othello, King Lear, Macbeth, Julius Caesar, Prospero, Coriolanus, the monarchs of history plays and many others – heroes as well as villains. This was a reflection of the societal values of the time. Women were not permitted to perform on stage, and all female roles were played by young males – a practice that continued for nearly half a century after Shakespeare’s death. This was so even though Elizabeth 1, the learned female monarch of England and Ireland and a humanist, occupied the throne during most of Shakespeare’s writing life [1580–1613], and extended her patronage to his plays.

Nevertheless, compared with his contemporaries Christopher Marlowe and Ben Jonson, Shakespeare wrote a greater number of plays featuring prominent female characters that drove the narratives, providing insights into intra-psychic, interpersonal, social and moral aspects of life.

I have selected two such female characters from Shakespeare’s plays and another from one of his narrative poems to illustrate this idea, focusing primarily on gender based violence – emotional, physical and sexual – that continues to resonate in our own times. I have also chosen another female character who challenged the gender constraints that imposed by contemporary society.

DESDEMONA in Othello

A Victim of Morbid Jealousy

A scene from As You Like It

Jealousy, as a human experience, has many nuances of meaning, ranging from the harmless to the morbid, including delusional forms, with many variations in between. The object of concern in jealousy is the suspicion of unfaithfulness or infidelity on the part of a loved one, commonly a female partner in a marital relationship. In its morbid form, accompanied by intense passion, jealousy has the potential to be destructive and even dangerous, placing the spouse at risk. It is not an uncommon presentation in clinical practice attracting the diagnosis of ‘Othello Syndrome’ although there is disagreement among clinicians about the application of the term.

Othello, a valiant soldier of African heritage in the state of Venice, had no difficulty winning the heart of Desdemona, the attractive young daughter of a prosperous senator. He took her away in defiance of her father’s wish for her to marry into the Venetian nobility. At this point, the Turks were preparing to regain Venetian-held territory in Cyprus, and Othello, recognised for his military prowess, was selected to lead the defence of the territory.

Despite the imminent Turkish attack on Cyprus, Desdemona preferred to remain with her husband rather than stay in Venice. The attack did not eventuate, however, because a violent storm dispersed and destroyed the invading Turkish fleet. The Venetian forces rejoiced, and the occasion provided an added opportunity to celebrate the marriage of Othello and Desdemona.

Casio, a close confidant of Othello, who had been recently promoted to lieutenant, was delegated to supervise the festivities. Cassio’s promotion caused great offence to Iago, who strongly believed that he was better suited to the position. He plotted to take revenge on Othello and Cassio by planting the seed of doubt in Othello’s mind through innuendo and trickery, casting suspicion on Desdemona’s fidelity and on her relationship with good-looking Cassio. Desdemona, a woman of exuberance and humour, became the unwitting focus of Iago’s manipulation.

The dissonance that arose in Othello’s mind eventually reached a climax when he accused his wife of infidelity and became convinced that she should die. Despite Desdemona’s plea for compassion, Othello strangled her to death. On finally gaining insight into the whole saga, Othello fell on his sword beside his wife.

OPHELIA in Hamlet – A Case of Manic Defence in response
to emotional abuse

Hamlet, the Prince of Denmark, takes centre stage in the play of the same name, and his mental processes have been the focus of scrutiny by successive generations of critics.

Young Prince Hamlet is faced with a complex emotional challenge following the sudden death of his father, King Hamlet, he idolised. The late king’s brother, usurper to the throne, hastily marries the widowed queen, denying the young prince his lawful right to sovereignty. Hamlet’s grief is compounded by his outrage towards his mother and his lingering doubts about the circumstances of his father’s death. He lapses into a state of melancholy.

But the impact of Hamlet’s emotional instability and the displacement of his anger onto Ophelia, to whom the prince had professed his love, receive less attention by critics, despite the significant psychological issues raised by her predicament. The episode in which Hamlet directs his anger towards Ophelia – often referred to as the ‘nunnery scene’ – is considered one of the most vicious in all Shakespeare.

Get thee to a nunnery. Why wouldst thou be a breeder of sinners?”…. “If thou dost marry, I’ll give this plague for thy dowry, be thou as chaste as ice, as pure as snow, thou shall not escape calamity. Get thee to a nunnery; go, farewell. Or if thou wilt needs marry, marry a fool, for wise men know well enough what monsters you make of them. To a nunnery go, quickly too. Farewell

Her love for Prince Hamlet was forbidden from the outset by her father, the scheming counsellor, Polonius, and by her brother Laertes; she was obedient to them.  With her dignity destroyed by the very person she loved and her father killed, albeit inadvertently by the hand of her lover, she nevertheless reacted with compassion. With her brother away in France, Ophelia is bereft of any meaningful relationships.

With no one left to confide in, her mind had no alternative but to escape reality. She lapsed into a state of mania – a state of ‘fragile happiness’ with underlying deep sorrow; an unconscious defensive operation of the mind known as ‘manic defence’, as described by Melanie Klein [1882-1960], the  renowned Austrian Psychoanalyst.

In this state of mind, Ophelia presents herself before the king and queen, singing snatches of song concerning love, death and betrayal. Her behaviour is totally out of character to her formerly demure self. Here are a few excerpts from her verses illustrating what might be described as a ‘flight of ideas’.

How should I your true love know/ From another one? / By his cockle hat and staff/ And his sandal shoon…”

“He is dead and gone, lady/ He is dead and gone/ At his head a grass green turf/ At his heels a stone…

They say the owl was a baker’s daughter. Lord we know what we are, but know not what we may be. God be at your table …

Hey non nonny, nonny, hey nonny/ And in his grave rained many a tear …” “You must sing ’Adown adown’ and you call him adown-a.”

Later, Queen Gertrude, Hamlet’s mother, announced that Ophelia ‘Fell in a weeping brook while making garlands from crow-flowers, nettles, daisies and long purples’, and had made no attempt to save herself. At the graveyard two gravediggers discussed whether she deserves a Christian burial as she appeared to have taken her own life.

LUCRECE – in Shakespeare’s narrative poem The Rape

of Lucrece

Reworked from a story by the Roman historian Livy, Shakespeare’s innovative narrative poem, first published in 1594, gives access to the mind of a victim of sexual assault. Set in ancient Rome, the poem gives expression to the agony of Lucrece, the gracious wife of a nobleman, following a savage attack upon her by Sextus Tarquinius, the son of the brutal king Lucius Tarquinius of Rome.

During a joyous conversation, a group of young noblemen were commenting on the virtues of their wives when Collatinus extolled the incomparable beauty and chastity of his beloved Lucrece. Aroused by the description of her elegance, young Sextus makes a covert exit, ‘borne by the trustless wings of desire’ in pursuit of his prey –the peerless dame’, ‘weakly fortressed from a world of harm.

Lucrece warmly welcomes her royal guest, who shows no inward ill or outward harm. He praises her husband’s military prowess, ‘pawning his honour to obtain his lust. During the conversation he scans her beauty and burns with sexual desire, yet ‘is madly toss’d between desire and dread. His ambivalence finally gives way to desire. ‘Desire my pilot, beauty my prize/ ‘Then who fears sinking where such treasure lies?’ This said, he advances upon her, ‘like a falcon towering in the skies, that ‘Coutcheth the fowl with his wings’ ‘So under his insulting falcon lies/ Harmless Lucretia’ shade’, trembling with fear, ‘as fowl hear falcon’s bells’. She ‘lies at the mercy of his moral sting’ and finally succumbs ‘To the rough beast that knows no gentle right/ Nor aught obey but his foul appetite’.

Lucrece is shattered, perplexed and grief-stricken by the unexpected assault on her by her honoured guest. ‘I alone must sit and pine/ Seasoning the earth with showers of silver brine’. She weeps, ‘O unseen shame, invisible disgrace/ O unfelt sore, crest wounding private scar’. Her anguish is further expressed through the image of the violated hive. ’My honey lost, and I, a drone – like bee, have no perfection of my summer left/ But robb’d and ransack’d by injurious theft./ In thy weak hive a wand’ring wasp hath kept/ And suck’d the honey which thy chaste bee kept’.

In this state of mourning, Lucrece despatches two messengers: one to her father in Rome and the other to her husband on the battlefield. On their arrival, she reveals the circumstances of her agony and names the individual responsible. She then stabs herself to death.

Their entourage carry her body through Rome and vow to avenge the death of this incomparable woman of chaste’. By public acclaim the reign of Tarquins is overthrown, and the rule of Rome handed over to the consuls.

A scene from Othello

ROSALIND in ‘As You Like It’ – Challenging the Gender Constraints

One of the few female characters to play a leading role is Rosalind in ‘As You Like It’. She remains much to the liking of many a theatre goer because of her wit, wisdom and inner strength. Rosalind transcends the constraints imposed on women during the Shakespearean era – constraints that continue to resonate in certain cultures even today.

Two young women of noble birth flee the oppressive court in disguise and seek refuge in the Forest of Arden. Rosalind disguised as a young man, Ganymede, while her devoted cousin Celia adopts the name Aliena. As they depart Celia declares, “Now go we in content/ To liberty, and not to banishment.” Orlando, the object of Rosalind’s affection, also escapes to the forest to evade the hostility of his brother. Unaware of Rosalind’s disguise, he expresses his love by hanging verses in her praise upon the trees. Although Rosalind discovers these poems, she chooses to maintain her disguise, using it as an opportunity to test Orlando’s devotion and explore the nature of love, courtship, and the differing gender expectations. The play reaches a conclusion by Rosalind dropping her disguise, and the two uniting in love.

*****

Gender-based violence is recognised globally as a pervasive violation of human rights and a significant social, cultural and public health concern. Violence against women, including emotional, physical and sexual, varies across societies in form and prevalence, and is often rooted in unequal power relations and social structures that perpetuate male dominance. Gender-based violence requires collective action through education, legal protection, economic empowerment, accessible support services and changes in attitudes and cultural practices. Power and influence should not be allowed to shield the perpetrators.

Art, including dramatic and literary art, serves to illuminate human experience. It allows us to explore emotions, ideas and moral dilemmas that may otherwise remain beyond ordinary expression. Art can entertain and inspire, but it can also challenge our assumptions, evoke empathy, and offer new ways of seeing ourselves and the world around us. In this sense, art is not merely a form of aesthetic pleasure; it is a means of understanding what it means to be human.

Desdemona, Ophelia, Lucrece and Rosalind are among Shakespeare’s more prominent female characters. The first three are innocent victims of male violence in different forms, evoking our empathy and compassion; the fourth challenges the gender assumptions and constraints of the time. Together, they illuminate gender-based issues that are both universal and timeless. In this sense, Shakespeare remains ‘our contemporary’, as Jan Kott, Polish-American literary critic, famously observed.

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Midweek Review

Nature’s Distress

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By Lynn Ockersz

Nature’s not on any vengeance trail….

Rather, from dense forests of the West,

Now all aflame in parts as if in rage,

To South-East Asia’s savaging floods,

And Sri Lanka’s fierce dry spells,

Where man and beast are imperiled,

Nature’s signaling she’s distressed,

Over her custodian’s ravenous lust,

Which unceremoniously gobbles-up,

Her graciously bestowed riches;

‘Take warning; slow down at least now’,

She seems to be chiding her wayward son,

‘Be gentle with me and all my treasures,

And I’ll look to your continuing wellness,

But rein-in your self-destructive fire,

Lest it consumes your willful self in full,

And all I have left in your custodial care.’

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