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Midweek Review

Impact of US policy shift on Sri Lanka

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Early honeymoon period after mission accomplished with toppling of President Gotabaya Rajapaksa. Julie Chung shares a light moment with Ranil Wickremesinghe during a three-day visit to Nuwara Eliya and Ella in early July 2023. Ella Odyssey was part of Sri Lanka’s commemoration of 75 years of independence. Colombo-based foreign heads of missions and nine heads of mission, based in New Delhi, joined the journey (pic courtesy PMD)

President Trump has unceremoniously overturned US foreign policy. His decision to deport illegal Indian migrants just ahead of a summit with Premier Narendra Modi, underscored the tough stance taken by the new US admiration. The much-touted US-India strategic partnership didn’t deter Trump from carrying out the much-publicized humiliating deportations of Indians. US Vice President J.D. Vance’s speech at the Munich Security Conference, recently, indicated that Trump has terminated his special relationship with Europe and is charting his own course. The upcoming Trump and Russian leader Putin’s meeting stressed that the US policy wouldn’t be shaped by European concerns over Russia. Against that background, the US is very much unlikely to pursue the Biden policy as regards bankrupt Sri Lanka. Actually, Sri Lanka’s political leadership will have to do some serious thinking and re-examining our position as Trump redraws US foreign policy.

By Shamindra Ferdinando

Since the successful conclusion of the war in mid-May 2009, despite all the naysayers, and even the likes of the then British Foreign Secretary David Milliband and French Foreign Minister Bernard Kouchner, rushing here at the eleventh hour with the hope of getting President Mahinda Rajapaksa to halt the offensive to enable them to evacuate the LTTE supremo, his family and their surviving fanatical terrorist band to safety abroad, the US appointed five Ambassadors to Colombo. Of them four were women, namely Patricia A. Butenis, Michele J. Sison, Alaina B. Teplitz and incumbent Julie J. Chung. Between the tenures of Sison and Teplitz, the only male Atul Keshap, of Indian origin, served here for a period of four years (Aug. 2015-July 2018) during the Yahapalana administration.

Ambassador Chung oversaw President Gotabaya Rajapaksa’s forced ouster in 2022. In spite of her denial, Amb. Chung’s role in President Rajapaksa’s removal is clear and cannot be disputed. Amb. Chung will soon be replaced by Elizabeth Kathryn Horst, currently the Principal Deputy Assistant Secretary and Deputy Assistant Secretary responsible for Pakistan, yet another country in which Washington is mired in regime change operations in the region.

Amb. Chung presented her credentials on Feb. 25, 2022, to President Rajapaksa, at the Janadhipathi Mandiraya. The President was flanked by State Foreign Minister Tharaka Balasuriya and Presidential Secretary Gamini Senarath. The new US envoy took office close on the heels of a major crisis within the government that compelled the President to ask for his Secretary Dr. P.B. Jayasundera’s resignation. Just five weeks after Amb. Chung took over the mission, the ‘GotaGoHome’ campaign got underway and a President, elected with over 6.9 mn votes on the SLPP ticket, was thrown out of office within four and half months by violent mobs armed with meticulous intelligence as to which politicians’ houses were to be ransacked and torched, along with those of their close supporters in a matter of a few hours, especially on May 09, 2022. Exactly two months later they completed their despicable mission by storming the Presidential palace.

The SLPP, both in and outside Parliament, accused Amb. Chung of staging the ouster of President Gotabaya Rajapaksa. Award-winning author Sena Thoradeniya (Galle Face Protest: System Change or Anarchy) and (Nine: The Hidden Story) by National Freedom Front (NFF) leader Wimal Weerawansa, MP, dealt with Amb. Chung’s sordid involvement.

However, the writer believes that the whole exercise should be examined as another arrogant US intrusion rather than Amb. Chung’s private agenda. Her job was to do the bidding of Washington. Let me stress that the US made a serious but an abortive attempt to bring President Mahinda Rajapaksa’s reign to an end in 2010. Thanks to Wikileaks we know how the US used a UNP-led coalition, that included the wartime LTTE ally the Tamil National Alliance (TNA), and the JVP, to back retired General Sarath Fonseka at the presidential election. That gamble failed. The war-winning Army Chief ended up with egg on his face with an unforgettable thrashing from the overwhelming southern electorate.

Eyebrows were raised when the outgoing American envoy recently expressed her desire to meet Sri Lanka Podujana Peramuna (SLPP) leaders at the Nelum Mawatha party office as she never bothered to do so since her arrival in early 2022.

Contrary to speculation, the outgoing US Ambassador had sought a meeting about two weeks ago before the unprecedented public exposure about the USAID’s (United States Agency for International Agency) sinister operations here and worldwide in the wake of the new US administration deciding to curtail drastically its operations for being a white elephant as America itself is being confronted with a fast developing and yet to be fully fathomed economic crisis, which might even exceed the worldwide Great Depression that came with the 1929 stock market crash. On her arrival at Nelum Mawatha last Friday (14) Amb. Chung was received by SLPP General Secretary and Attorney-at-Law Prasad Kariyawasam. The SLPP delegation was led by its National Organizer Namal Rajapaksa and one of the three lawmakers in the current Parliament. Having accused her of being in the thick of the regime change, the SLPP’s readiness to meet Amb. Chung, too, is a mystery.

It would be pertinent to briefly explain the USAID’s global objectives as the vast majority wrongly believed the agency is meant for humanitarian work. It is definitely not a charity. Its main objective is to strengthen capabilities of US agents, or assets, at local and regional levels regardless of the status of Washington’s relationship with the targeted country.

These agents, or assets, are available for the US at any time as Washington desired. Pentagon, the State Department or even the Central Intelligence Agency (CIA) used its resources under whatever circumstances. If we closely examine the pattern of USAID operations, as well as other related organizations that had been active here over a period of time, even our legislature is within the sphere of their influence. In other words, they obviously have direct access to politicians and officials who wield power over key institutions. The private sector, too, became part of the US operation carefully expanded countrywide.

By the time Amb. Chung arrived here. US assets were in place at different levels ready to carry out directives. Those who pointed a finger at Amb. Chung never bothered to examine the background and comprehend the gradual build-up that allowed the gathering of all elements, under the social media fuelled ‘GotaGohome’ campaign.

The US mission here had done a tremendous amount of work, especially beginning with the Amb, Keshap’s time, to enhance the capacities of their existing assets and identify and develop new assets.

What really prompted Amb. Chung to suddenly seek a meeting with the SLPP? Did National List MP Namal Rajapaksa’s call for the setting up of a Parliamentary Select Committee (PSC) to probe USAID funding, influence her decision? But that cannot be as the US Embassy made the request before the USAID controversy. Perhaps, SLPP General Secretary Kariyawasam expressed concern over Amb. Chung’s frequent visits to the JVP headquarters at Pelawatte, whereas she ignored the SLPP.

Appearing on a live television programme, Kariyawasam pointed out that Amb. Chung had plenty of time for the JVP, a party with just three MPs, while the SLPP, in spite of being represented by 145 MPs, never received the US envoy’s attention.

Perhaps Amb. Chung didn’t really feel the requirement to visit Nelum Mawatha as she maintained a close contact with the SLPP founder Basil Rajapaksa.

Ambiguity over objectives

It would be pertinent to ask both the sponsors and recipients whether various foreign-funded projects achieved their objectives.

The following are some of the USAID-funded projects launched, beginning 2017: [1] USD 19 mn social cohesion and reconciliation project implemented by Global Communities (July 2018-Dec, 2023) [2] Analysis of social cohesion and reconciliation implemented by US Institute of Peace at a cost of USD 700,000 (Aug. 2018-Feb. 2024) [3] USD 15 mn project implemented by Chemonics International Inc. to strengthen the justice sector, including the Justice Ministry and Office of Attorney General (Sept. 2021-Sept. 2026) [4] USD 17 mn project carried out by National Democratic Institute, International Republican Institute and International Foundation for Electoral System in support of Parliament and other government institutions, including the Election Commission (June 2020 – June 2024) [5] USD 14 mn worth project in support of civil society meant to achieve good governance reforms and strengthen accountability. Implemented by Management Systems International (Feb. 2018-Aug. 2024) [6] USD 7.9 mn scheme to strengthen media implemented by International Research and Exchanges Board Inc. (Aug. 2017-April 2023) [7] SAFE Foundation implemented a programme at a cost of USD 3.9 mn aimed at combating human trafficking (Oct. 2021-Sept. 2026) [8] USD 1.6 mn project to enhance protection for those threatened by gender-based violence (Oct. 2021-Sept. 2026). Implementing agency Women-in-Need [9] USD 3.6 mn project for the benefit of plantation community implemented by Institute of Social Development (June 2022-June 2027) and [10] a staggering USD 19 mn project meant to strengthen the civil society by unnamed private agencies (Sept. 2022-August 2027).

Interestingly, high profile USAID operations implemented in collaboration with successive governemnts covered the Justice sector (Justice Ministry and Office of Attorney General), Parliament as well as the Election Commission.

Over the years USAID with a massive budget that even exceeded the CIA’s and allied organizations have built up a system that served the interests of the US. That is the truth. Sri Lanka has cooperated not only with the US but other organizations, such as the UNDP, to allow them influence in Parliament. The USAID and UNDP have ‘secured’ Parliament by lavishly spending funds on various projects. In spite of spending millions in USD with the 2016 agreement between Parliament and USAID being the single largest project, what they have achieved here is nothing but a mystery.

Successive governments have encouraged USAID, UNDP and other interventions. They felt happy as external sources provided the funding. Let me give an example of how the UNDP stepped-in for want of sufficient public funding for vital government initiatives. Sometimes, they advanced their political project in the guise of helping the government of the day.

On May 13, 2021, the then Attorney General Dappula de Livera, PC, opened the USAID funded state-of-the-training facility that included a boardroom, auditorium, computer laboratory, and other facilities. The outspoken AG also launched an electronic system to track cases and legal files. The launch of the training facility, electronic diary and file management system, and the Attorney General’s Department website were also attended by Supreme Court Judge Justice Yasantha Kodagoda P.C., Acting Solicitor General Sanjay Rajaratnam P.C., the Secretary of the Ministry of Justice M.M.P.K. Mayadunne, and virtually by DCM Kelly and USAID Mission Director Reed Aeschliman.

The US Embassy, in a statement issued on that quoted AG Livera as having said: “This is another first in the 136-year history of the Attorney General’s Department. The opening of the training centre is a notable, salutary achievement that meets a long-felt need for continuous learning and professional development.” The AG was further quoted as having said these new tools would “drive the institution from strength to strength.”

If such facilities were so important why on earth the Attorney General’s Department failed to take tangible measures to meet that particular requirement.

Those who demand investigations into USAID must realize that their role is much more complicated than alleged and reported in some sections of the media. Among the beneficiaries were the Sri Lanka Judges’ Institute.

American Corner in Jaffna

The US Embassy established an American Corner in Jaffna with the collaboration of Jaffna Social Action Centre (JSAC), an NGO that particularly promoted women and children rights. Formed in 2003 in the North as the Liberation Tigers of Tamil Eelam (LTTE) was preparing to launch Eelam War IV, JSAC, over the years, developed into a recipient of US funding. JSAC is among the groups promoting LGBTQ in the Northern and Eastern Provinces. JSAC annually participates in the much-touted 16 Days of Activism Against Gender Based Violence campaign. The then US Ambassador Butenis attended the opening of the American Corner. JSAC, in its website, has revealed an impressive list of partners and donors.

Perhaps JSAC should explain how it served the interests of ordinary people, especially during the 2003-2009 period when the LTTE stepped up forcible recruitment of children, including girls. Forced conscription continued unabated as the military slowly but steadily rolled back the LTTE fighting formations, towards the east coast, until they were trapped in a sliver of land in the Mullaitivu district.

Sri Lanka should be grateful for US assistance over the past decades. The ordinary people benefited from such help but later Washington weaponized the setup as various interested parties queued up to secure lucrative contracts.

Amb, Chung, in late Sept. 2022, moved the American Centre in Colombo, that had been in existence for over seven decades, to the new US Embassy building. This was a couple of months after Aragalaya (March – July 2022) forced Gotabaya Rajapaksa out of office. The American Centre in Colombo had been first located at the Millers Building in Colombo, then at Galle Face Court, followed by Flower Road, before moving to the Sri Ramya at 44, Galle Road.

The American Corner in Kandy was established in 2004. In addition to Jaffna, Colombo and Kandy, there are similar facilities in Matara and Batticaloa.

The recent declaration by Bharatiya Janata Party MP Nishikant Dubey, in the Indian Parliament, that the USAID had been funding organisations with a view to creating unrest cannot be ignored. The BJP’s declaration underscored the gravity of the situation. Those who discarded repeated accusations by National Freedom Front (NFF) leader Wimal Weerawansa as regards US interventions here must take a fresh look at the developments taking place since Donald Trump’s return for a second term.

Dubey alleged the USAID funded organizations that carried out protests against the Agniveer initiative of the government, backed caste census, and supported Naxalism in India.

On behalf of the BJP, Dubey asked for a probe into whether Congress and the Gandhi family-controlled Rajiv Gandhi Foundation had received USAID funds through George Soros’ Open Society Foundations (OSF) for conducting activities, including the campaign for a caste census and against the Agniveer scheme introduced by the government. The MP claimed OSF received ₹5,000 crores from USAID to “break up India”. He raised the issue during zero hour.

The BJP MP’s accusations seemed somewhat surprising as India, under Narendra Modi’s leadership, established close relations with Washington and is a member of the four-country Quad, comprising the US, Australia, Japan and India meant to counter Chinese expansion.

Why subvert India? Is the question in everybody’s mind? President Trump, during a joint press conference with Premier Modi, speculated about the possibility of USAID role in the Lok Sabha elections last year. Perhaps Trump is playing politics even at the expense of the US as he sought to dismantle USAID.

The Trump administration has imposed a global stop-work directive on USAID, suspending most aid initiatives, except for critical food relief programmes.

However, India, too, had been blamed for interfering in internal affairs of other countries. Recently Canada alleged that India intervened in its electoral process. Canada named China as the other offender. India has strongly refuted the Canadian allegation. It would be pertinent to mention that Canada had been playing politics with Sri Lanka for many years as major political parties sought to exploit the post-war developments for their advantage. New Delhi also accuses Canada of encouraging Khalistan separatists operating from there.

Canadian Parliament, in May 2022, unanimously declared that Sri Lanka perpetrated genocide in a bid to appease Canadian voters of Sri Lanka origin.

The expansion of the USAID project here should be examined against the backdrop of Geneva adopting a US accountability resolution, co-sponsored by the treacherous Sirisena-Wickremesinghe government in 2015. The US backed Sirisena’s candidature at the 2015 presidential election. That was in line with their overall strategy to end the Rajapaksas rule, perceived to be China-friendly. The US funded the 2015 UNP-led campaign that involved the TNA and JVP as well. A group of civil society groups, led by the National Movement for Social Justice (NMSJ), backed Sirisena’s candidature, who switched sides at the last moment having been in the Rajapaksas camp throughout his political career and it was done after having a hopper feed with them the previous night.

Having betrayed his own party in 2014, Sirisena has ended up politically irrelevant. That is the price the one-time SLFP General Secretary had to pay for switching sides for personal gain. The former President is most unlikely to get an opportunity to re-enter Parliament ever again.

The NPP will have to be cautious how it handles the situation against the backdrop of developing political and economic upheaval in Washington as we may have never seen hitherto. The way the new administration addressed much more complicated issues, such as the Russia-Ukraine war in a manner seriously inimical to the European powers and pullout from the Geneva-based UNHRC and WHO meant that Trump has already turned US foreign policy upside down.



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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

Published

on

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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