Midweek Review
Impact on Parliament
Landmark Nov. 14 SC ruling:
Parliament should look into how the Committee on Public Accounts (COPA) a couple of months ago recognized the Finance Ministry as a high performing government institution for its performance in 2019 and 2020. The Finance Ministry in spite of being embroiled in 2019 tax cut (implemented without parliamentary approval) and 2020 sugar duty scam and unpardonable negligence that led to economic collapse were awarded the Silver prize for 2019 and 2020. Awards were given at an event attended by President Ranil Wickremesinghe, the current Finance Minister and Premier Dinesh Gunawardena. COPA Chief Lasantha Alagiyawanna owed an explanation as to how the Finance Ministry was chosen for the honours. The SC ruling must compel COPA and Parliament to evaluate the Silver given to the Finance Ministry. We do concede those two were trying years and the Finance Ministry maintained a semblance of normalcy after the devastating Easter Sunday Carnage and COVID-19 pandemic not seen before in our living memory, delivered body blows, especially to tourism and so many other economic arteries of the country. But the question is whether this is the time to pat ourselves in the back when most of the country’s people are literally gasping for life.
By Shamindra Ferdinando
Pivithuru Hela Urumaya (PHU) leader and former Minister Udaya Gammanpila, MP, on Nov 16, 2023, said that the first warning of the impending economic crisis had been given by a section of the ruling Sri Lanka Podujana Peremuna (SLPP) in 2020.
The declaration was made in Parliament two days after the Supreme Court determined that ex-President Gotabaya Rajapaksa and former Finance Ministers Mahinda Rajapaksa (Nov 2019-June 2021) and Basil Rajapaksa (June 2021-April 2022), Treasury Secretary S.R. Atygalle (Nov 2019-April 2022) and ex-Governors of the Central Bank Prof. W.D. Lakshman (Nov 2019-Sept 2021) and Ajith Nivard Cabraal (Sept 2021-April 2022) bore responsibility for the current economic crisis. That determination was made in respect of several fundamental rights applications.
In addition to the above-mentioned politicians and officials, they found fault with Dr. P.B. Jayasundera, Secretary to the President, and the Monetary Board consisting of five persons. At the time of the crisis, the Monetary Board consisted of Governor CB Prof. W.D. Lakshman/Ajith Nivard Cabraal (ex-officio), Treasury Secretary S.R. Attygalle (ex-officio) and Samantha Kumarasinghe, Dr. Ranee Jayamaha and Sanjeeva Jayawardena, PC.
The SC, in a historic ruling, determined they violated the fundamental rights of the people by mismanaging the economy between 2019 and 2022.
Chief Justice Jayantha Jayasuriya, PC, Justices Buwaneka Aluwihare, PC, Priyantha Jayawardena, PC, Vijith K. Malalgoda, PC, and Murdu N.B. Fernando, PC comprised the bench. Justice Jayawardena disagreed.
But the judgement has exonerated ex-Central Banker Dr. Rani Jayamaha and senior Attorney-at-Law Sanjeeva Jayawardena from any penalty. Why did Dr. Jayamaha and Jayawardena not resign if they disagreed with those wrong policies?
Four days after the SC declaration, the Central Bank, in a statement headlined ‘COMPOSITION OF THE GOVERNING BOARD (GB) AND THE MONETARY POLICY BOARD OF THE CENTRAL BANK OF SRI LANKA’ stressed that Dr. Jayamaha and Jayawardena were no longer members of the Governing Board of CBSL appointed in terms of the provisions of the Central Bank of Sri Lanka (CBSL) Act, No. 16 of 2023. The new Act was passed on July 20, 2023. Dr. Ranee Jayamaha who had been a member of the Monetary Board (MB) since 29.07.2020, tendered her resignation from the MB with effect from 12.09.2023, and, therefore, was not a member of the GB. Jayawardena, who continued as a member of the GB, tendered his resignation with effect from 05.11.2023. Therefore, both Dr. Jayamaha and Jayawardena submitted their resignations before the Supreme Court made its final judgment.
Against the backdrop of the SC ruling, the role and the collective responsibility of the Cabinet-of-Ministers regarding the economic collapse should be thoroughly examined. Every member of the then Cabinet, including Attorney-at-Law Gammanpila, therefore bear the responsibility for the current crisis. the Members of the Monetary Board, too, should bear the collective responsibility.
In spite of the five-judge bench being divided 4 to 1 in favour of the decision, it is undoubtedly the most important judgment delivered since the enactment of the 1978 Constitution.
Many an eyebrow was raised when Namal Rajapakse, MP, addressing Parliament on Nov 20 questioned the right of the petitioners to challenge government policy in court. The former minister asserted that such was contrary to the Constitution.
Addressing the Parliament on Nov 16, on the third day of the Budget debate, Colombo District lawmaker Gammanpila said: “We warned in advance of the impending crisis. I’m happy, Dr. Ramesh Pathirana, who served as a member of the then Cabinet, is here. We sought a meeting with the then President Gotabaya Rajapaksa to discuss the deteriorating economic situation. Having repeatedly asked for a meeting we were finally granted an opportunity on Oct. 26, 2020. Dr. P.B.J, Treasury Secretary, Central Bank Governor and the then State Finance Minister Ajith Nivad Cabraal were among those present. The State Minister made the main presentation. We asked them to immediately decide on IMF intervention. All of us were of the view the country required IMF assistance to overcome the crisis. At that time Bangladesh experiencing a similar situation had taken steps to restructure their debt in addition to take a loan facility from the IMF. We stressed the need to restructure our debt. We proposed to seek IMF assistance. They didn’t pay attention to our request. Instead, we were told of them having a domestic solution.”
PHU leader Gammanpila explained how the government turned a blind eye to their repeated efforts to persuade the GR government to control fuel consumption by increasing prices or to introduce a quota system. Lawmaker Gammanpila recalled the SLPP attack on him after he declared on June 11, 2021 the immediate need to increase fuel prices due to the volatile economic situation. “Finally, a marginal increase of Rs. 7 and Rs 20 for a litre of diesel and petrol, respectively, was effected. The SLPP attacked me over the fuel increase even before the Opposition did.”
The SLPP owed the public an explanation why repeated warnings were ignored. Who actually convinced the Cabinet-of-Ministers of an impractical domestic solution? The bone of contention is whether someone deliberately thwarted counter measures, if taken, could have saved the country.
A callous approach
In spite of rapid deterioration of the economy, the Finance Ministry acted in a manner most unbecoming of one of the two most important ministries, the other being the Defence. Amidst the economic crisis triggered by the Corona epidemic, the Finance Ministry callously decided to issue duty free vehicle permits to 225 MPs of Parliament. That move went awry after print, electronic and social media mercilessly hammered the government.
Then the Finance Ministry shocked the country by slashing the Special Commodity Levy (SCL) on imported sugar. Special gazette notification, dated Oct 13, 2020, brought SCL on imported sugar from Rs 50 to 25 cents a kilo. The then Premier Mahinda Rajapaksa served as the Finance Minister while S.R. Attygalle functioned as the Secretary to the Treasury.
In August 2023, United Republican Front (URF) leader Patali Champika Ranawaka alleged that in spite of both the Committee on Public Finance and the Committee on Public Accounts recommendation that the government take measures to recover losses amounting to Rs 16 bn, the Wickremesinghe-Rajapaksa government is yet to do so.
By then, the Gotabaya Rajapaksa government has caused irreparable damage to the economy by slashing a slew of taxes. That ill-fated decision taken at the first meeting of the Cabinet-of-Ministers, chaired by President Gotabaya Rajapaksa in Nov 2019, marked the beginning of the end. Who actually convinced the wartime Defence Secretary who courageously spearheaded the war effort, that was brought to a successful conclusion in May 2009, to gamble on economic-political-social stability?
In April 2021, amidst further deterioration on the economic front, Dr. PBJ declared his confidence in the overall strategy.
ECONOMYNEXT, in an online report posted on April 04, 2021, quoted Dr. Jayasundera as having said: “President Gotabaya Rajapaksa knew revenue will be lost by tax cuts but he considered it an investment, and an 8 percent tax rate slashed from 15 percent, will remain unchanged for 5 years.”
The report was headlined ‘Sri Lanka President knew revenues will be lost, VAT cut to remain for 5 years: Jayasundera’
ECONOMYNEXT further quoted Dr. Jayasundera as having told Colombo Development Forum in April, 2021: “The President promised this nation a new taxation strategy. He knew the revenue will be lost but he considers that lost revenue as an investment in the country. Therefore, outdated archaic taxes have been given up. Single rate VAT has been introduced. New corporate structure has been introduced.”
Jayasundera is also on record as having said the value added tax cut from 15 to 8 percent will stay for another 5 years and income taxes will not be changed, but the deficit will be brought down to percent in the medium term with economic growth.
“We are assuring the tax regime that what we have instituted will not change. For the next 5 years VAT is 8 percent. Income tax is whatever the rate we have gazetted. No other taxes will be brought in. Custom base taxes will be rationalized. We need much more efficient, transparent, compliance, friendly, tax regime and that is given. If you want to raise the turnover, raise the volume, raise the GDP. That is what this is all about. The Treasury Secretary is not allowed to make any changes in taxes.”
What really went wrong? Dr. PBJ. is certainly not a novice and certainly one of the most capable and experienced people having been a veteran Central Banker who had been seconded to the Treasury from as far back as during Finance Minister Ronnie de Mel’s time and retained by virtually all governments up to the last regime in various capacities. He managed the economy as the Treasury Secretary during the costly fourth phase of the Eelam conflict at a time Western powers sought to undermine the economy in a bid to throw a lifeline to the sinking Tigers.
CBSL Chief sets the record straight
Those who carefully listened to the Governor of the Central Bank Dr. Nandalal Weerasinghe when he appeared before parliamentary watchdogs, namely Committee on Public Finance and Committee on Public Enterprises on May 24, and May 25, 2022, respectively, and his unparalleled attack on the political party system, also in Parliament, on August 31, 2022, clearly explained the circumstances leading to the current crisis. The August 31, 2022 speech must have been the strongest delivered by an official at any level in Parliament since independence (Change catastrophic strategies or face consequences – CB warns Parliament, The Island, Sept 07, 2022)
Unfortunately, political parties, represented in Parliament, and the media, didn’t pay sufficient attention to Dr. Weerasinghe’s views. Having perused the SC ruling on the economic collapse, the writer is of the view the SC judgment has justified the CBSL Governor’s declarations in Parliament over a year ago. The Island reported Dr. Weerasinghe’s bombshell revelation in a lead story, headlined ‘MR, ministers, CBSL Governor, Dr. PBJ ignored IMF warnings’ with strapline ‘Dr. Jayamaha says Monetary Board acted regardless of strong opposition’ (The Island, May 26,2022)
Dr. Weerasinghe didn’t mince his words when he declared that the government slashed taxes regardless of IMF advice and also disregarded the CB’s warning regarding the urgent need to secure IMF assistance
The GR government ignored Dr. Weerasinghe’s disclosure. At the time, the outspoken official appeared before the two parliamentary committees in late May 2022, Gotabaya Rajapaksa remained the President though the SLPP was in disarray in the wake of UNP leader Ranil Wickremesinghe receiving the premiership. The Gajaba Regiment frontline combat veteran remained confident of overcoming the crisis. Dr. Weerasinghe’s declarations at watchdog committees didn’t receive the attention they deserved. By the time Dr. Weerasinghe lambasted the political party system on Aug 31, 2022 in Parliament, Gotabaya Rajapaksa was overseas, having fled the country.
Had the SLPP genuinely felt the need to take remedial measures, it could have invited the Opposition to head a Special Parliamentary Select (PSC) Committee to probe the origins of the crisis and to make recommendations. Instead, the SLPP did absolutely nothing. Finally, the Wickremesinghe-Rajapaksa government appointed a PSC in July, 2023, 15 months after Dr. Weerasinghe’s disclosure and a year after Wickremesinghe election by Parliament as the President to complete the balance portion of the ousted President Gotabaya Rajapaksa’s term.
Now that the Supreme Court has declared its verdict, the PSC is irrelevant. The PSC that has been rejected by the main Opposition SJB serves no purpose. The party leaders without delay should reach a consensus on the PSC, headed by SLPP General Secretary and Attorney-at-Law Sagara Kariyawasam.
Perhaps, Prof. Charitha Herath, who has undertaken special assignment to produce a report on the economic ruination, should reconsider his project. The SC judgment must compel both the government and the Opposition to study the verdict.
SLPP lawmaker Namal Rajapaksa revealed how naïve he was when he recently declared that the Parliament is the best place to discuss the economic crisis and remedial measures. Had he listened to Dr. Weerasinghe’s declarations in Parliament in May and August last year, the former Sports Minister wouldn’t have said so. Lawmaker Rajapaksa should realize that having squandered previous opportunities to address the issues at hand, now the matter is certainly out of its hands. All political parties in Parliament should take the SC verdict seriously and appropriately address the issues raised therein.
The way forward
Let us hope all political parties represented in the current Parliament realize that they cannot overcome the crisis by political spin. The overall political environment is bleak. The continuing crisis in Sri Lanka Cricket (SLC) has exposed all with accusations and counter accusations directed at the executive, legislature and the judiciary.
The Wickremesinghe-Rajapaksa government’s response to Opposition backed Sports Minister Roshan Ranasinghe’s offensive against SLC has bared the fragility of even the parliamentary system. The SLC fiasco exposed all. Those who benefited from SLC ended with egg on their face. One thing is clear. The government hasn’t learnt from the catastrophic destruction suffered by the SLPP as a result of the SC judgment. The Supreme Court has given the public fresh hope that politicians and powerful officials aren’t immune to punitive actions. There is hope the SC judgment will strengthen the rule of law. Perhaps, the powerful attack on an utterly corrupt set up that destroyed the country may compel the executive, legislature and judiciary to take a fresh look at the situation on the ground.
The judgment underscored that no one is above the law. Dr. Harsha de Silva, MP, is on record as having said that those who had been faulted by the SC should be deprived of their civic rights. The former UNP State Minister is of the view that strongest possible measures should be taken against them all. The Anti-Corruption Movement affiliated to the SJB recently, in writing, requested President Ranil Wickremesinghe to suspend payment of pension, other facilities, security and vehicles to former Presidents Gotabaya Rajapaksa and Mahinda Rajapaksa. The SJB also asked for suspension of pension to others named by the SC.
But, the breakaway UNP group SJB must be reminded that it owed an explanation regarding three matters namely (1) Treasury bond scams perpetrated in Feb 2015 and March 2016 during the Yahapalana administration (2015-2019). Some of those MPs and several defeated candidates at the last parliamentary polls conducted in August 2020 actively supported bond racketeers. The two massive bond scams caused by that government is yet legally unresolved. For example, then Finance Minister Ravi Karunanayake who was termed by some overseas publication as the best such Minister, claimed, before the Presidential Commission of Inquiry that probed the first bond scam, he was not aware who paid for the costly penthouse he and his family occupied at the time in Colombo.
(2) Why as much as USD 12.5 bn were borrowed from the costly international bond market during the Yahapalana administration for inexplicable reasons without the country at the time either being in any financial crisis or undertaking any new major development projects.
(3) Finally what did the Yahapalana government intended to achieve by doing away with time-tested Exchange Control Act of 1953. The UNP and the SLFP voted for a new Foreign Exchange Act in 2017 that had been brazenly exploited by unscrupulous exporters and others. SJB leader Sajith Premadasa and two of its experts on economic matters Dr. Harsha de Silva and Eran Wickremarathe remained conveniently silent on this issue. It would be pertinent to mention that the controversial Bill was presented in late July 2017 by the then Prime Minister Ranil Wickremesinghe though he didn’t vote. Parliament approved the new law with 94 votes whereas 18 voted against. Others skipped the vote. That decision alone has enabled flight of capital ever since and still not corrected. So no wonder unscrupulous exporters for instance have parked abroad billions of dollars that should have been brought back to the country. So the above could be termed as one of the root causes of the debt crisis that the country is yet trying to extricate itself out of.
Midweek Review
Legacy of enforced disappearances: Vital facts conveniently forgotten to whitewash LTTE and India
Those demanding accountability from Sri Lanka for war crimes allegations are strangely silent on atrocities committed by the LTTE. On the orders of its leader Velupillai Prabhakaran, the LTTE killed hundreds of members belonging to rival terrorist groups. It assassinated President Ranasinghe Premadsasa, almost succeeded in assassinating President Chandrika Bandaranaike Kumaratunga and made attempts on President Mahinda Rajapaksa. But, the indiscriminate use of children as cannon fodder went unnoticed. How many children, forcibly recruited into their ranks, perished in fighting? And, lastly, shouldn’t the Tamil community hold the Illankai Thamil Arasu Kadchi (ITAK)-led now defunct Tamil National Alliance, that recognised the LTTE in 2001 as the sole representative of the Tamil speaking people, responsible for death and destruction caused since 2001?
By Shamindra Ferdinando
Working Group on Enforced or Involuntary Disappearances (WGEID) representative Ana Lorena Delgadillo Pérez, and head of the Association of Relatives of Enforced Disappearances (ARED) Yogarasa Kanagaranjini, on 30 August, opened an exhibition at the Thanthai Selva Auditorium in Jaffna. The exhibition, appropriately named ‘Long Road for Justice,’ coincided with the International Day for Victims of Enforced Disappearances.
Pérez later addressed a conference held therein where the responsibility on the part of Sri Lanka was stressed.
Civil society activist Sunanda Deshapriya, in an article titled ‘Sri Lanka’s Disappeared: Where Do We Go from Here?’ carried in Jaffna Monitor, dealt with missing persons issue. Deshapriya focused on the North-East war (https://www.jaffnamonitor.com/sri-lankas-disappeared-where-do-we-go-from-here/)
The ICRC, Colombo, issued a statement regarding the International Day of the Disappeared. When the writer sought the number of missing persons in the country, Ruwanthi Jayasundare, Head of Communications, said that they had a caseload of 15,000 registered tracing requests (1983-2009) but she asserted that the actual number of missing was far bigger (https://island.lk/icrs-sustained-and-collective-efforts-critical-to-address-issue-of-missing-persons/)
Perhaps, many people wouldn’t know that the ICRC arrived here in 1989 during the second Janatha Vimukthi Peramuna (JVP) terror campaign in the wake of Indian military intervention here. The much discussed issue of disappearances must be appropriately dealt with, taking into consideration the relevant factors. At the time of their deployment here, President Ranasinghe Premadasa had been engaged in direct talks with the Liberation Tigers of Tamil Eelam (LTTE) and the Geneva-headquartered body never expected a gruesome outbreak of violence. It would be pertinent to mention that within weeks after the ICRC’s arrival here, the JVP was crushed with brute force as it, too, resorted to senseless violence. The counter violence unleashed by the state apparatus was such that the then Marxist group’s top leadership was killed, except for Somawansa Amarasinghe, who escaped, with Indian help, in February 1990, and remained in exile till late 2001.
The ICRC deployment took place in mid October, 1989, and JVP leader Rohana Wijeweera was captured in the second week of November, at Ulapone, and shot in custody, and was allegedly cremated alive at the Borella cemetery.
In fact, at the time the ICRC arrived here, the JVP was on its last legs. The UNP government never bothered to hand over the bodies of slain JVP cadres to their families. Those who had been listed missing at that time were no longer in the land of the living, by the time the ICRC brought its operation in the South to an end.
What the country never expected was a fresh flare-up in the northern and eastern regions. The LTTE resumed large-scale hostilities, in June, after the Indian Army pulled out from Sri Lanka in late March 1990. Interestingly, some of those demanding justice for the missing/disappeared are conveniently silent about the disappearances during the Indian Army deployment here (July 1987 to March 1990).
Soon after hostilities erupted in the northern and eastern regions, following a 14-month truce between President Ranasinghe Premadasa and LTTE leader Velupillai Prabhakaran (May 1989 to June 1990), the ICRC was invited to open offices in that region. There had been excesses on the part of the military and law enforcement authorities as the government battled the LTTE, the world’s most ruthless terrorist organisation as assessed by none other than the US Federal Bureau of Investigation.
Yet Sri Lanka must earnestly address accountability issues and take meaningful measures to compensate the families of the innocents.
However, the Tamil community must come to terms with the reality that the vast majority of dead were members of the LTTE. The LTTE enjoyed considerable firepower as it literally wielded a conventional fighting capability, which even included a fledgling air force and directly challenged the government, and the armed forces had no option but to fight back. Obviously, the LTTE, that achieved significant battlefield successes over the years, never expected the almost non-stop three-year-long offensive that brought the war to an end in May 2009. Disappearances became exceptionally an important issue in the overall agenda pursued by the Tamil Diaspora and Tamil speaking political parties here only after the LTTE’s eradication.
Multiple reasons
In September 1990, several months after the Indian Army was literally forced to pull out from Sri Lanka as Tigers fought back the mighty IPKF to a standstill, while President Premadasa, too, made it clear that they were no longer welcome here, Amnesty International (AI) documented 43 cases of disappearances. According to the London headquartered AI, the majority of these disappearances happened in the Jaffna peninsula, following the outbreak of fighting in October 1989. The Indian Army launched ‘Operation Pawan’ meant to disarm the LTTE in line with the Indo-Lanka Accord, signed on 29 July, 1987.
During the Indian Army deployment here (1987 July to 1990 March), the Sri Lankan armed forces were confined to their barracks in the North and East. The AI accused the Indian Army of torture, extrajudicial executions and disappearances. The deaths of nearly 1,500 Indian officers and men, and injuries to approximately 3,000 others during the Indian deployment here, underscored the ferocity of the situation.
The Indian Army carried out reprisals, following LTTE attacks in both provinces. The Indian Army was also accused of sexual violence. Perhaps, the August 1989 Valvettithurai orgy of violence, during which Indian soldiers killed civilians, tortured detainees, committed sexual violence, and systematically destroyed homes and businesses, while the town was under curfew, was the worst case.
In October, 2025, the International Truth and Justice Project (ITJP) presented a detailed reparations claim, in association with the Valvettithurai Citizens’ Committee, to the Sri Lankan Office for Reparations, requesting USD $15 million (LKR 4.5 billion) for victims of a 1989 orgy of violence committed by the IPKF where at least 66 civilians were killed and 34 injured.
There hadn’t been a previous instance of a comprehensive compensation claim for such a wartime crime. Thousands of LTTE cadres, some of them trained in India, and civilians, perished in Indian Army action. The Indian Peace Keeping Force (IPKF) earned such a bad reputation it came to be dubbed the Indian People Killing Force.
The war in Sri Lanka, or whatever one chooses to call it, should be examined in the context of a high profile Indian destabilisation project ordered by Premier Indira Gandhi. Over a year after the Indian Army pullout, the LTTE assassinated Rajiv Gandhi, by then out of power, but he was the person Velupillai Prabhakaran held responsible for the Indian Army deployment in Sri Lanka. Following Gandhi’s assassination, India hunted down the LTTE team, involved in the operation, carried out by a female suicide cadre.
The LTTE forgot the Indian role in the transformation of the Tamil separatist terrorist movement to a deadly conventional threat. If not for the despicable Indian action, Sri Lanka wouldn’t have been hauled up before the Geneva-based United Nations Human Rights Council (UNHRC). That is the unpalatable truth.
How many Sri Lankan Tamils disappeared during weapons training in India? Did India investigate such disappearances as well as deaths caused by fighting among rival Tamil terrorist groups operating in India at that time? Among the groups that had been armed by India were PLOTE (People’s Liberation Organisation of Tamil Eelam), EPRLF (Eelam People’s Revolutionary Liberation Front) and TELO (Tamil Eelam Liberation Organisation) responsible for quite a significant number of killings and human rights violations.
India never accepted responsibility for the PLOTE raid on the Maldives on a contract to topple the then Maldivian PM Gayoom’s government given by a domestic rival in early November, 1988. Shouldn’t New Delhi at least apologise for the sea borne raid on the Maldives that resulted in deaths of Maldivians, as well as raiders? The Indian Navy sank a ship commandeered by the attackers fleeing the Maldives after air borne Indian troops brought the situation under control.
The Indian and global media praised swift Indian intervention but ignored two key factors, namely (i) the operation targeting Maldivian President Maumoon Abdul Gayoom was mounted by one of the groups trained, armed and deployed by India and (ii) two trawlers carrying the raiding party left the northern part of Sri Lanka, at that time held by the Indian Army.
The writer had the opportunity, in November, 2011, to interview the Maldivian businessman, Abdullah Luthufee, who convinced the PLOTE leader Uma Maheswaran to carry out the operation. (Male plot leader speaks out 3 November, 2011, Rajiv saved us from Gayoom-Male coup leader 4 November 2011 and How Luthufee moved SAARC venue from Male to Addu 11 Nov 2011) dealt with the operation that should have drawn international attention to the Indian destabilisation project. Let me stress that some PLOTE cadres perished when the Indian Navy sank the vessel commandeered by the fleeing PLOTE cadres. They were among those who had been listed missing during the conflict.
Australian and US interventions
One-time top JVPer Kumar Gunaratnam secret arrival in Sri Lanka as an Australian Citizen Noel Mudalige, in early September, 2011, emphasised the issuance of foreign passports in assumed names to Sri Lankans under controversial circumstances. The writer exclusively reported how the head of the breakaway JVP faction, known as the Frontline Socialist Party (FSP), arrived here. The Australian High Commission in Sri Lanka acted swiftly and decisively when Gunaratnam disappeared after entering the country, using Australian passport bearing number N 1016123 on September 4, 2011 (https://dbsjeyaraj.com/dbsj/?p=43914). The writer dealt with the same issue again in August 2016 (https://dbsjeyaraj.com/dbsj/?p=47936).
Among thousands of Sri Lankans, now having foreign citizenship, there can be many people listed here as “missing/forcibly” disappeared. Western governments never helped Sri Lanka to establish the real identities of Sri Lankans living abroad, under assumed names. If Gunaratnam never acted in a manner inimical to the JVP, he could have easily lived a comfortable life in Australia as Sinhala Buddhist Noel Mudalige.
There had been many interesting stories of those categorised as missing/dead turning up in the West, under new identities. One of the most intriguing ones, is about an ex-LTTE terrorist turned Frenchman Antonythasan Jesuthasan, the lead actor in Dheepen that won the prestigious Palme d’Or at the 2015 Cannes Film Festival.
Internationally acclaimed Jacques Audiard directed the movie about three Sri Lankans who formed a fake family to escape the war and to secure asylum in France. Antonythasan Jesuthasan’s performance in Dheepan earned him a Best Actor nomination at the 2016 César Awards (the French equivalent of the Oscars). Jesuthasan is the only ex-LTTE terrorist to receive international acclaim as an actor.
In an interview with Tom Seymour (Dheepan’s Antonythasan Jesuthasan: from Tamil Tiger to star of a Palme d’Or winner in The Guardian) posted online on March 31, 2016, transformed Frenchman Jesuthasan, unwittingly revealed how he deceived the United Nations High Commissioner for Refugees (UNHCR) to secure political asylum. Seymour reported that Jesuthasan, after having shown him a dense lattice of scars on his forearm, declared: “I did those to myself. I was 22, and I had spent years trying to come to the west. I wanted to get a fake French passport, but I had to be accepted as a refugee. I went to the UNHCR [the UN High Commissioner for Refugees], but they wouldn’t believe my story. So I cut myself, and held up my arm, and said to them: ‘Look at my blood. This is my word.”
Jesuthasan is just one among thousands who obtained political asylum on false claims. Jesuthasan ended up as the star of Dheepan, directed by Jacques Audiard, possibly France’s most celebrated modern director. There cannot be a better example than Jesuthasan to highlight the web of deceit pertaining to the vast majority of those who successfully secured political asylum. But, the Sri Lanka Foreign Ministry never bothered to set the record straight. Born in Allaipiddy, on the Velanaitivu islet, Jesuthasan claimed he fought the Sri Lanka Army in August 1990 and subsequently fled the country and managed to reach France.
But, the case of Kathiravel Thayapararajah is one of the most controversial cases. Thayapararajah had been involved in a Tamil Diaspora funded project in Kilinochchi during Eelam war IV. He couldn’t have secured the Diaspora assignment without the approval of the LTTE and remained in the Vanni during the war. He disappeared in September 2009.
His disappearance prompted a section of the media, as well as some international NGOs, to accuse the Directorate of Military Intelligence (DMI) of executing him. No less a person than the then US Assistant Secretary of State for South Asian Affairs and one-time US Ambassador in Colombo, Robert O. Blake, inquired about the missing person.
The University Teachers for Human Rights (Jaffna), the Australian Government Refugee Review Tribunal, Tamilnet and the European Centre for Constitutional and Human Rights among others blamed the Sri Lankan intelligence for the disappearance. However, the Indian media, in May, 2014, revealed Thayapararajah’s arrest though they didn’t know at the time that he was the person who was supposed to have been killed by the Sri Lankan Intelligence. At the time Indian police apprehended Thayapararajah, at Arichamunai off Dhanuskodi, after arriving there in a boat from Sri Lanka, he had been with notorious female human smuggler Uthayakala. She claimed Thayapararajah was her second husband.
That chance detection exposed a blatant lie propagated over the years. The then Head of Missing Persons Commission, retired High Court Judge Maxwell Paranagama, is also on record as having called for international cooperation to trace persons living overseas under new identities. Paranagama told the writer that at that time both the international community, including the ICRC, had declined to help Sri Lanka identify those taking cover behind new identities.
Chemmani mass graves
Sri Lanka needs to investigate war crimes allegations, particularly the high profile Chemmani mass grave. The country cannot ignore the continuing accusations with the international media taking advantage of the situation to tarnish the country, especially the Rajapaksa rule. It must be a way of the West taking revenge from the Rajapaksas for going against their wish to save the bold thirsty Tigers. It is like their logic that Israel can do no wrong!
The CNN dealt with the Chemmani issue while the International Commission of Jurists (ICJ), in July last year, called for what it claimed as victim-centred investigation into the alleged mass graves in compliance with international law and standards.
Tamil political parties, too, repeatedly demanded tangible action against the perpetrators. The Chemmani mass grave site drew national and international attention in 1998 following the confession of a soldier implicated in the rape and murder of schoolgirl Krishanthy Kumaraswamy. Chemmani has become a powerful and painful symbol of the country’s war-torn past.
Krishanthy Kumaraswamy was raped and killed by soldiers on the 7th of September, 1996. The same group of soldiers later killed her mother, her younger brother and a family friend who went out searching for the teenager.
An excavation, in 1999, led to the recovery of 15 sets of remains, and then the matter was allowed to rest for about a quarter of a century. On the orders of the Jaffna Magistrate’s court, a fresh excavation was ordered last year, following the chance recovery of some skeletal remains and so far nearly 600 sets of human remains have been found, among them children and infants. Tamil media have declared Chemmani as the largest mass grave found in Sri Lanka.
It would be pertinent to mention that some time back the Army was accused of the Mannar mass graves but investigations undertaken by the Office of Missing Persons (OMP), with international expertise, proved the claims false. Bone fragment samples were submitted to Beta Analytic, a specialised US radiocarbon-dating laboratory. This happened during the Yahapalana administration (2015-2019) Later, the lab indicated that the tested bone samples dated back to the period between 1499 and 1719 AD (the 15th to 18th century). That brought an end to the Mannar mass graves hoax.
Whatever the circumstances, the government cannot remain silent regarding the Chemmani mass graves. The area that had been under Security Forces Headquarters, Jaffna continues to receive public attention, both here and abroad. The Army will have to address the issue without further delay. Let me stress the importance of investigating the atrocities perpetrated by others, namely the Indian Army for which the responsibility lies with the government of India as well as the LTTE, and over half a dozen other terrorist groups that subsequently entered the political mainstream.
The formation of Tamil National Army (TNA) by India before the Indian Army pullout by March 1990, too, must receive the attention of Sri Lanka as well the concerned international community. Having totally destabilised the smaller neighbouring county by arming scores of terrorist groups, New Delhi went a step further by the formation of the TNA meant to protect Varatharaja Perumal’s North-East provincial administration.
In spite of President Ranasinghe Premadasa drawing strong criticism for arming the LTTE against the Indian Army, in hindsight, if not for his controversial decision, India’s proxy, TNA may have taken root. Whatever various parties say today, the TNA had been formed to ensure the continuation of the deeply unpopular Perumal’s administration that went to the extent of forcible conscription. India can never absolve itself of responsibility for what it did in Sri Lanka. The destabilisation project, largely influenced by the then Premier Indira Gandhi’s concerns over the developing situation in Tamil Nadu, caused massive death and destruction. No less a person than J.N. Dixit, who served as their High Commissioner in Colombo (1985 to 1989), and later appointed National Security Advisor (2004 to 2005) disclosed in his memoirs ‘Makers of India’s Foreign Policy: Raja Ram Mohun to Yashwant Sinha’, Indira’s Gandhi’s intervention. The late Dixit in no uncertain terms blamed her for Indian intervention in Sri Lanka.
Midweek Review
A street where Sri Lankan stories found their readers
By Ifham Nizam
Pictures by Nishan S Priyantha and Kamal Bogoda
Ashok Ferrey took readers into an older Colombo through Colpetty People. Vivimarie Vanderpoorten opened the door to the personal stories behind her poetry. Andrew Fidel Fernando brought cricket, culture and the distinctive world of Sri Lankan school cricket into the conversation, while Ramya Jirasinghe spoke candidly about the long and often difficult road from writing a manuscript to seeing it published.
Then came Margaret Richardson and Asanka de Mel, whose conversation moved from literature to the question of where Sri Lanka should be by 2048.
These were among the voices that gave life to Fairway Street of Stories, a new initiative that sought to bring Sri Lankan English-language writers closer to their readers.
But behind the gathering of authors, readers, books, children, book clubs and aspiring writers was a bigger idea—the brainchild of Amendra Haputhanthri, Director of Sarasavi Bookshop (Pvt) Ltd.
For Haputhanthri, Fairway Street of Stories is not merely another literary event. It is part of a much larger attempt to create a marketplace for Sri Lankan talent and to persuade readers to discover stories that are unmistakably their own.
“Usually, when we have exhibitions, such as the Colombo Book Fair, we always think about what sells the most. Here, we wanted to create a niche market for people who want to read Sri Lankan writing,” she said.
And the first event demonstrated just how wide that literary world can be.
Stories from a Sri Lanka we know
Haputhanthri believes one of the greatest strengths of Sri Lankan English writing is its sense of place.
A thriller set in an unfamiliar foreign city may be entertaining. But a thriller unfolding at the Galle Face Hotel or Mount Lavinia Hotel carries another kind of intimacy for a Sri Lankan reader.
“You have familiar words and actual real-world places that we have been to. There will be a connection with the book,” she said.
That connection can be even more powerful when the story takes readers into places and experiences that are disappearing.
This is one reason she admires Ferrey’s work.
During his Fairway session, Ferrey, together with Tanya de Mel, offered readers an engaging glimpse into the world behind Colpetty People and the Colombo it captures.

Amendra Haputhanthri (extreme left) with winners
For Haputhanthri, Ferrey’s writing is also a record of a rapidly changing city.
“Even Sri Lanka is changing very rapidly. Within Colombo also, the environment is rapidly changing, and that is being addressed nicely in the books of Ashok Ferrey,” she said.
Literature, in that sense, becomes more than entertainment.
It becomes memory.
The stories behind the poems
Vivimarie Vanderpoorten offered a very different literary experience.
Haputhanthri describes her as one of the country’s outstanding contemporary talents, particularly because of the personal histories embedded in her poetry.
A poem on a page may be only a few lines long. But behind those lines can lie an entire life.
Vanderpoorten spoke about those experiences at Fairway, including deeply disturbing events she had witnessed during her university years.
For Haputhanthri, hearing those stories transformed the poems.
“All her stories, there is a back story. All her poems, there is a back story,” she said.
She believes such conversations are precisely what literary events should create—a space where readers can move beyond the printed page and understand the human experience that produced it.
She also encouraged people to read poetry, even if only one poetry collection a year.
Poetry, she believes, forces readers to think beyond what is immediately presented.
“It gives you the ability to think out of the box,” she said.
Cricket is more than a score
Andrew Fidel Fernando brought yet another dimension to the event.
For someone who writes and comments on international cricket, his work naturally takes readers into the world of the game. But Haputhanthri noted that Fernando’s writing also captures the culture surrounding cricket in different countries.
And Sri Lanka has a particularly richstory to tell.

Andrew Fidel Fernando / Dr. Vivimarie Vanderpoorten
For Haputhanthri, the island’s school-cricket culture is something the world should know more about.
“We are the best in the world when it comes to having a culture for school cricket. It is something very unique to our country,” she said.
She even suggested that writers interested in Sri Lankan cricket should explore this largely distinctive phenomenon in greater depth.
Because literature can sometimes reveal what statistics cannot.
A schoolboy walking onto a cricket ground carries with him a school, a city, friendships, rivalries, family expectations and an entire culture.
From manuscript to book
Ramya Jirasinghe’s contribution was particularly relevant to aspiring writers.
She spoke about her own journey and the realities of getting a book published.
Her experience demonstrated that literary success rarely happens overnight.
Winning recognition is one thing. Turning a manuscript into an internationally published book is another.
For emerging writers listening to her, the message was clear: writing requires patience, revision and persistence.
Haputhanthri knows that process well.
Writers, she said, can be rejected repeatedly—even at international level.
And translations create another layer of difficulty.
Sometimes an author reads a translation of his or her work and says: “This doesn’t have my voice.”
That, Haputhanthri acknowledged, illustrates how complex the journey from an original manuscript to another language can be.
A speech from the future

Carmel Miranda
Asanka de Mel and Margaret Richardson brought another perspective to Fairway.
De Mel’s 2048: A Speech from 2048 looks towards the centenary of Sri Lanka’s independence and asks why the country has not yet become a developed nation.
But his message, as Haputhanthri interpreted it, was not one of resignation.
Sri Lanka should not allow its small geographical size to become a psychological limitation.
De Mel’s own journey—from two decades in Silicon Valley to returning to Sri Lanka and embarking on entrepreneurial ventures—was offered as an example of what persistence and confidence can achieve.
For Haputhanthri, it reinforced one of the central lessons of both writing and life.
“There is no shortcut in life,” she said.
Stories that preserve a country
Fairway Street of Stories also reflected Haputhanthri’s belief that literature can preserve aspects of Sri Lankan identity that are increasingly vulnerable.
She spoke about Angampora, Beeralu weaving, traditional culture and historical stories.
Even the country’s royal heritage can become a gateway for a new generation to understand the island’s past.
She recalled seeing foreign visitors browsing books about Sri Lankan kings.
Those books were doing more than recounting history. They were presenting the story of a country with a long and complicated heritage.
Haputhanthri believes Sri Lankan literature can perform a similar role internationally.
“Our stories should also reach people in the same way our food and cultural experiences have reached the world,” she said.
She recalled meeting two foreigners who had visited Sri Lanka around 156 times.
Their extraordinary attachment to the country reminded her that Sri Lanka’s culture has an ability to attract people repeatedly.
The stories of the country, she believes, deserve the same reach.
The problem is not the e-book

Ramya Jirasinghe (third from left)
Yet while Haputhanthri is passionate about books, she is equally concerned about the future of reading.
She does not believe e-books are necessarily the enemy.
“If people are reading an e-version, as long as they are reading something valuable, that will add something to you,” she said.
The bigger threat, in her view, is the endless scrolling culture of the smartphone.
“Scrolling on the phone reduces your attention span and you can’t do any sort of deep work,” she said.
She has observed this challenge among young people entering the workplace and believes sustained concentration is increasingly difficult.
But her answer is not to blame young people.
It is to begin much earlier—with parents and teachers.
“Whatever the parents read, the children also will read,” she said.
‘Readers Are Not Born, They Are Created’
That belief is now developing into another initiative.
Haputhanthri is working on a programme titled ‘Readers Are Not Born, They Are Created’, which she hopes to take from school to school and community to community.
The target will be parents as much as children.
The message is that reading habits are cultivated. They are demonstrated, encouraged and nurtured.
She also hopes to involve children who have themselves developed through reading, allowing them to share their experiences with others.
For Haputhanthri, the issue is deeply personal.
“I would credit everything that I have today, and everything I am today, because of reading,” she said.
She believes avid readers develop empathy, creativity and critical thinking—qualities that are increasingly valuable in a world dominated by information but often short on attention.
Beyond one literary weekend
Fairway Street of Stories, therefore, is not intended to remain a once-a-year literary celebration.
Haputhanthri wants to see activities connected with reading and books continue throughout the year.
A bargain book sale is among the ideas being considered, making use of books from Sarasavi’s extensive network of branches that may have suffered minor damage or discolouration while remaining on shelves.
The next major event will be the book fair, followed by further initiatives.
But the larger ambition goes beyond sales.
It is about discovery.
A reader discovering a Sri Lankan writer.
A child discovering poetry.
An aspiring author discovering that rejection is not the end.
A foreign visitor discovering that Sri Lanka’s stories are as rich as its food, landscapes and traditions.
And a country discovering itself in its own books.
That is perhaps the most significant contribution of Fairway Street of Stories.
Because the authors who gathered there did more than talk about their books.
They demonstrated the many ways in which Sri Lanka can be written, remembered and imagined.
And behind that gathering was Amendra Haputhanthri’s conviction that these stories deserve not only a place on a bookshelf, but a place in the minds of readers—and eventually, a place in the wider world.
Midweek Review
Life Prisoner on the Run
By Lynn Ockersz
Just for a fleeting moment is this sense of relief,
As he eases himself heavily into his airline seat,
Hoping to leave no trace behind of his criminal self,
But he’s dragged down by a guilty conscience,
Which will dog him at heel from now onward,
And this is verily a cast-in-stone life sentence.
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