Features
Judicious Way out of a Judicial Fiasco
by Rajan Philips
The NPP government has walked into a judicial storm of its own making. It seems determined to bulldoze its way through the storm, use its two-thirds majority in parliament to amend the constitution, and extend by two years the retirement age of the sitting and future Supreme Court and Court of Appeal judges, as well as that of all lower court judges. The idea of extending the retirement age of senior court judges is an ill-advised short term political fix to a problem that the government has not clearly articulated so far.
Where the idea originated is an open question. There have been suggestions that it may have come from within the upper echelons of the judiciary itself. It may or may not be true, but the government has no credibility on the matter to satisfactorily deny it. The damage is done, no matter who first bit the forbidden fruit.
From everything one can see, the Minister of Justice Harshana Nanayakkara comes across more as a lawyer carrying the President’s brief in public rather than the ministerial adviser to whom the President can turn for confidential advice and expert opinion. I am not suggesting that the Minister should resign over this, even as a matter of principle. Rather, I would urge him to stay in and keep representing in cabinet and within the earshot of the President, what everyone else is professionally saying outside the government.
Indeed, as has been reported following the Minister’s meeting with BASL, the Minister has undertaken to personally convey to the President the professional concerns he heard from BASL. The Minister is a member of the bar and he may not be in disagreement with what he is hearing from his professional colleagues, not to mention the rest of the political class. And the BASL would do well to keep this ministerial medium open without breaking it
The way out for the government is to separate professional opinion from political noise. That is what Lal Wijenayake has done both within the NPP and outside the organization. Mr. Wijenayake is not only a respected Senior Lawyer, but he is also the most sincere and selfless stalwart of the NPP that one can think of, who does not have JVP roots. Many in the JVP leadership like him and respect him. They should listen to him as well, especially on this matter, for there is no one who can offer the NPP a superior opinion, politically and legally, than Lal Wijeynayake.
Truth be told Wijeynayake is a Sama Samajist, and true to form he is not for picking judges from some “witches’ cauldron.” That is how Dr. Colvin R de Silva decried President Jayewardene’s mode of appointing judges in one of his very first acts as President under the then new 1978 Constitution. The NPP and President AKD are supposed to be different from all their predecessors.
Judicious Way Out
A judicious way out of the mess has been suggested by Dr. Nihal Jayawickrama. That is for President Dissanayake “to let the present Chief Justice retire on the due date, and then find an individual acceptable to him from among the present Judges or from the Bar or from elsewhere, to serve as Chief Justice, instead of tinkering with the integrity of the Constitution?”
The President’s selection is of course subject to approval by the Constitutional Council, the trade-off creation of the 20th Amendment to curtail presidential powers without abolishing the executive presidency. I do not know if the President can submit a list of names from which the Council can make a short list of candidates and the President can make the final selection from the short list. That will avoid the silly process of the President sending one name at a time after each rejection by the Council. That was the procession for the selection of the Auditor General that kept everyone confused.
By taking the approach suggested by Dr. Jayawickrama, the President need not be constrained by seniority and does not have to select someone who will have to retire in less than two years. There is no constitutional requirement for appointment by seniority and there should not be for chief justices and supreme court justices. Of course, seniority should be the criterion when two or more candidates are equally qualified for the job in every other respect.
Seniority was not always the criterion in the 20th century and appointment by seniority would seem to have become entrenched in the 21st century. And this is more likely due to political expediency and is not based on any objective consideration. The procession of senior judges becoming Chief Justices and retiring within two years has done little good to the courts and the system of justice. The Supreme Court should not be a promotion lounge for departing justices. The expectation of appointment on seniority is hardly conducive to judicial independence. It gets worse when a President gets to appoint two or more chief justices in one presidential term.
President Dissanayake could break with this tradition, extend the pool of choice and select someone young enough to have a tenure of five to ten years. Of course, the candidate should be better than all the others in terms of legal learning and judicial competence. The current Chief Justice is due to retire next year and there is enough time for the President with the support of the Minister of Justice to put in place a process for selecting the successor. This could also be precedent setting.
The President and the government could adopt the practice, that is common in a number of countries, of setting up a panel of eminent lawyers and academics to make recommendations to the President. The panel could establish rigorous selection criteria, and based on those criteria select a long list of potential candidates from which the President could select a short list for further pruning and approval by the Constitutional Council before the final selection. The same panel could help the President fill up the current vacancies and establish a process that would serve the country well.
Cautionary Notes
It is more than likely that the NPP government will spurn these and other sober, second-thought suggestions and bullishly take the majoritarian route and amend the constitution to extend the retirement age of judges. Even so, the government may be well advised to be wary of two potential pitfalls. First, the amendment process.
The amendment clearly does not require a referendum. But that is not going to stop the usual interveners petitioning the Supreme Court hoping for a referendum ruling. That is not likely to happen but there will be loud denunciations of the judges hearing the case instead of recusing themselves because of a palpable conflict of interest. The government can handle all the political noise.
But it may not have thought of the likelihood of some judicial noise emanating from the court itself. In a potential hearing of the constitutionality of the amendment, one or more judges while ruling that a referendum is not required may use the opportunity to make an obiter statement from the bench that they will not be availing themselves of the extension of their retirement age and that they will be retiring when they turn 65. They may even make that statement to explain why they are not recusing themselves from the case.
It is also possible that some of the Supreme Court judges, as well as some among the Court of Appeal judges, may choose to publicly declare that they will be retiring at 65 or 63, regardless of the extension. Others may just choose to retire at 65/63 disregarding the extension and without publicly fussing about it. If any of the Supreme Court judges, or the Court of Appeal judges, were to disregard the extension and retire at 65/63 with or without a public announcement, the government will end up with a constitutional egg on its face. Worse, it will make life miserable for the judges who opt to take advantage of the retirement extension, and some of them may decide to leave earlier than they were planning to.
The second cautionary note is about the political fallout. Given the NPP’s majority in parliament, the President’s popularity in the country, and the sterility of the opposition, the government is not going to suffer any political setback immediately even if the government were to proceed with amending the constitution and all the Supreme Court and Court of Appeal judges choose to avail themselves of retirement extension.
However, the whole episode is leaving a bad taste in the political mouths of many, including many NPP sympathizers with no JVP roots. Little bad tastes get bitter as the government ages and, going by past experience, become a significant electoral liability in the end. The NPP government can ignore this only at its peril.
On the other hand, if one or more of the Supreme Court and Court of Appeal judges were to choose to take their retirement at 65 or 63, that will create a major crisis on the bench and the political fallout will be more immediate and more lasting. The present opposition is not going to make any hay out of this but that is not NPP’s concern. But the people will start looking for alternatives and the NPP would have lost its overall appeal and the aura of authenticity.
If, however, the government were to follow the sagely advice of Nihal Jayawickrama which I have tried to politically elaborate in this article, the government would be sure to pull a meaningful victory out of the jaws of judicial embarrassment. It would also set the stage for gradually reforming the administration of justice besides satisfying everyone who wants this government to succeed.
Features
Defend civic space upon which peace is built
by Jehan Perera
International Peace Day was observed on 21 September. It finds Sri Lanka with a genuine achievement to record and a demanding test to meet. The UN’s theme this year was “Invest in Peace: For Everyone, Everywhere, Every Day.” It also honoured the “everyday architects of peace”—people driving local action and building a lasting peace from the ground up. In the 2026 Global Peace Index, Sri Lanka rose 30 places, from 97th to 67th among 163 countries. Over the same period, global peacefulness declined for the twelfth consecutive year to its lowest level since the index began, and South Asia suffered the sharpest regional deterioration. The test is whether the government will protect the civic space in which those architects of peace work.
Sri Lanka’s improvement is real and deserves acknowledgement. In this year’s review, issued a few weeks ago, the UN High Commissioner for Human Rights acknowledged progress in the form of action against corruption, arrests and investigations linked to political killings, enforced disappearances and the 2019 Easter Sunday attacks, and continued official denunciation of racism. A ranking, however, records conditions at a particular moment. It does not guarantee that they will last. Sustainable peace will depend on three factors. These are whether the government addresses the unresolved causes of conflict, whether it strengthens accountability for past and present abuses, and whether it protects the civic space in which peace is built from below. On the first two the record is incomplete. On the third, the draft NGO law threatens to weaken the very organisations that press for the other two.
What holds Sri Lanka back from a higher place are the same things that fed the war at home and also feed international conflict that rages elsewhere in the world. These are racism or ethnic nationalism that is narrow-focused, corruption and lawlessness. Equality, accountability and the rule of law are their remedies. The present government has committed itself to these, and is a significant improvement over governments of the recent past. But these pillars are not held up by governments alone. Peace is made in villages, workplaces and university campuses. It is made by families who insist on the truth about their disappeared, by journalists and lawyers who expose abuse, and by community organisations that bring Tamils, Muslims and Sinhalese into practical cooperation.
Unfinished Work
The UN High Commissioner’s report to the current Human Rights Council session, covering October 2025 to July 2026, shows how much remains to be done. The Prevention of Terrorism Act is still being applied, producing arbitrary arrests and long detention without charge. The report calls for a moratorium pending repeal and for the release of long-term detainees. Military-occupied land has not been released, memorialisation lacks support, and tensions over land and religious sites persist. The Batticaloa district illustrates how such problems endure. In the past three years, two Presidents, Ranil Wickremesinghe and Anura Kumara Dissanayake, have visited and instructed that the dispute over grazing land in Mailaththamadu and Mathavanai be resolved. It is a dispute between Tamil cattle farmers and outside Sinhala cultivators, and it has not been resolved. When two Presidents issue instructions and nothing changes, the fault lies in the machinery of State. An unresolved dispute does not stand still. It hardens into the next grievance.
Accountability shows the same pattern. The report documents torture and deaths in custody, and surveillance and intimidation of activists, journalists and civil society. Serious cases remain stalled for years, among them the killing of seventeen aid workers of Action Contre la Faim in Muttur two decades ago. Sharper still is the case of the Eastern University refugee camp at Vantharamoolai, where in 1990 the army took away 158 persons in a single day. They were never seen again. The camp’s officer-in-charge, Dr T. Jayasingam, later Vice Chancellor of the university, identified the officers responsible. More than three decades on, those officers have not been questioned. These cases are still remembered because families, survivors and independent witnesses have refused to let them be forgotten. Meanwhile several commissions of inquiry have completed their investigations but nothing further has happened.
What South Africa, Argentina and other post-conflict societies have found indispensable are four pillars of what is called “Transitional Justice” which are truth, accountability, reparations and non-recurrence. In Sri Lanka’s circumstances, truth means credible, independent investigation of what happened to the disappeared, and support for memorialisation. Accountability means prosecuting Muttur, Vantharamoolai and comparable cases, and removing credibly accused persons from senior office. Reparations mean compensation for victims and the return of military-held land. Non-recurrence means repealing the Prevention of Terrorism Act, releasing those held under it in the meantime, and resolving local disputes such as Mailaththamadu before delay hardens them. A country that buries its past does not escape it. The past returns in the next generation.
Civil Society
It is against this background that the draft NGO law is most troubling. The proposed legislation contains sweeping provisions for State oversight and control of civil society organisations. Among these are enforcing a licensing requirement on NGOs, which is to be renewed every three years, and severe penalties for not submitting reports on time, or for spending on emergency flood relief (for instance) when the NGOs mandate is peacebuilding (as an example) with possible sanctions including deregistration and having to shut down. Civil society groups have warned that it would confer excessive discretion over their registration and operations. Officials in Sri Lanka have abused such powers in the past. Additional power without effective checks invites further abuse. Sound regulation would have clear criteria for registration, an independent registrar and a right of appeal to the courts. What cannot be justified is a regime in which registration becomes a licence to be withheld from organisations that scrutinise policy, expose abuses or advocate for the rights of citizens.
Democracy is based on checks and balances. Those who press for accountability are part of those checks. The contradiction is plain. A government that has pledged accountability, equality and the rule of law ought not to be preparing to weaken the very organisations that press for their fulfilment. The organisations most exposed are those working on disappearances, land, memorialisation and reconciliation in the North and East, where the State’s record is weakest and the need for independent witnesses greatest. Silencing them would not remove the grievances they document. It would remove the channel through which those grievances are addressed peacefully. The government appears to be relenting, which is welcome, but a pause is not a withdrawal. The bill should be withdrawn and any replacement drafted in genuine consultation with those it would govern.
Investment in peace as called for by the UN in its International Peace Day theme implies commitment over time, with returns that come slowly. Sri Lanka’s 30-place rise on the Global Peace Index is a first dividend and nothing more. It can be built upon only if the government matches its commitments with action: withdrawing or fundamentally redrafting the NGO law, repealing or suspending the Prevention of Terrorism Act, and bringing Muttur, Vantharamoolai and Mailaththamadu to resolution. A higher place in a global index is not a certificate of success. Sri Lanka’s higher ranking is an encouraging start, but it will endure only if the space in which citizens speak, question and organise is protected. Peace is built from below, and a government that is serious about it will treat civil society as a partner rather than a threat.
Features
Africa is buying: Sri Lanka must start selling
A call to Sri Lankan exporters and agencies: Can Sri Lanka compete with China and India in Africa?
By Kana V. Kananathan
Former Ambassador
Sri Lanka has spent decades concentrating its exports on traditional markets in Europe, North America and Asia. Yet across the Indian Ocean lies a rapidly expanding market that remains significantly underdeveloped by Sri Lankan exporters: Africa.
The opportunity is not theoretical. Sri Lanka already exports packaging, textiles, rubber products, pharmaceuticals, paper, machinery and electrical goods to African markets. The question is whether these modest beginnings can be transformed into a serious export strategy—and whether Sri Lanka can compete against the enormous commercial presence of China and India.
The answer is yes—but Sri Lanka must compete differently.
Kenya: Gateway to East Africa
Kenya should be the starting point.
Sri Lanka exported approximately US$32.08 million to Kenya in 2025, while importing US$11.41 million. But US$32 million is tiny compared with the opportunity: Kenya imported more than US$24 billion in 2025. Even a 1% share of that market would represent nearly US$240 million in annual exports.
And the commercial base already exists. Sri Lanka’s 2025 exports to Kenya included approximately US$9.99 million in paper and paperboard products, US$9.73 million in knitted fabrics, US$3.64 million in pharmaceuticals, US$1.24 million in rubber products and US$1.20 million in machinery.
Kenya’s import structure is equally revealing. In the third quarter of 2025, industrial supplies represented 34.4% of imports, machinery and capital equipment 19.2%, food and beverages 9.0%, and consumer goods 7.3%. The opportunity for Sri Lanka, therefore, extends well beyond consumer goods—we can become a supplier to African industry.
But competition is fierce. Asia supplied around 70% of Kenya’s imports in 2025, with imports from China rising 16.5% and those from India 11.3%.
Sri Lanka cannot challenge China and India across every product category. Nor should it try. We must target sectors where quality, specialisation, reliability, technical capability, smaller production runs and flexibility matter more than simply offering the lowest price.
Where Can Sri Lanka Compete?
Packaging is an obvious starting point. Cartons, boxes, bags and labels are already among Sri Lanka’s exports to Kenya. Importantly, some Sri Lankan companies operating in Kenya are themselves importing these products from Sri Lanka. The market already exists; the challenge is to scale it.
As Africa’s food-processing, pharmaceutical, apparel and consumer-goods industries expand, demand for sophisticated packaging will grow with them. Sri Lanka already possesses the manufacturing capability and industry experience to capture a larger share.
Industrial rubber products, tyres, gloves and specialised rubber components offer another opportunity where Sri Lanka has established manufacturing expertise.
The apparel supply chain is equally promising. Rather than competing directly with African garment factories, Sri Lanka can supply fabrics, elastics, labels, packaging and specialised textile inputs.
Some Sri Lankan apparel manufacturing and export companies already established in Kenya, Togo, Ghana and Ethiopia are importing several of these inputs from Sri Lanka. The supply chain, therefore, already exists. The next step is to move beyond supplying Sri Lankan-owned factories and become a competitive input supplier to the wider African apparel industry.
Other sectors deserving systematic market development include pharmaceuticals and medical consumables, processed foods, biscuits and confectionery, coconut products, cinnamon and spices, electrical products and cables, industrial chemicals, ceramics, light engineering, agricultural equipment and food-processing machinery.
Sri Lanka should also look beyond physical goods. IT, fintech, banking technology, engineering, healthcare, hospitality management and professional services largely escape the freight disadvantage confronting merchandise exports.
The Tariff Problem Can Become an Opportunity
Market access cannot be discussed without tariffs.The East African Community applies a Common External Tariff with bands of 0%, 10%, 25% and 35%, while certain sensitive products attract still higher protection. Simply filling containers in Colombo with finished consumer goods will therefore not always be commercially competitive.
But that obstacle points towards a bigger opportunity: manufacture in Africa.
Sri Lankan businesses could export intermediate materials while undertaking final assembly, manufacturing, processing or packaging in Kenya. Packaging companies could establish converting plants; electrical manufacturers could assemble locally; pharmaceutical companies could explore manufacturing or packaging partnerships; and food companies could undertake final processing closer to consumers.
Kenya would then become more than an export destination. It could become Sri Lanka’s manufacturing and distribution gateway into East and Central Africa.
With the East African Community now comprising eight partner states and extending geographically from the Indian Ocean towards the Atlantic, establishing a regional presence is increasingly more important than viewing each African country in isolation.
West Africa Cannot Be Ignored
Sri Lanka simultaneously needs a West African strategy.
Ghana offers potential as an English-speaking commercial gateway and host of the AfCFTA Secretariat. Nigeria, with its enormous population and consumer economy, should be approached as a major market in its own right, despite its greater regulatory, currency and operational complexity.
ECOWAS tariff bands of 0%, 5%, 10%, 20% and 35% again make product selection critical. Sri Lanka should concentrate on products with sufficient differentiation and margins to absorb freight, tariffs and distributor costs.
Pharmaceuticals demonstrate both the opportunity and the challenge. Nigeria imported approximately US$766 million in pharmaceuticals in 2025, with India supplying roughly US$394 million and China US$131 million. Ghana imported approximately US$301 million, with India supplying about US$140 million.
Sri Lanka cannot simply offer another generic product and expect to beat India on price. We must identify specialised products, reliable supply arrangements, partnerships and, where commercially justified, local production or packaging.
Stop Promoting Sectors—Identify Products
Sri Lanka now needs an Africa Export Opportunity Study based on individual products, not broad sectors.
The Export Development Board, Foreign Ministry, chambers and private sector should jointly identify 15–20 priority products. For each product, Sri Lanka should calculate the HS code, African annual import demand, principal suppliers, Chinese and Indian market shares, applicable duties, freight from Colombo, regulatory requirements, distributor margins and final landed price.
That will tell us where Sri Lanka genuinely has a competitive advantage.
The Commercial Test
Before spending resources promoting a product, apply one simple test:
African import demand + Sri Lankan production capability + tariff + freight + distributor margin + regulatory cost = final landed competitiveness against China, India and local African production.
Only products that pass this test should receive concentrated export-promotion resources.
This would move Sri Lanka away from exhibitions, delegations and general discussions towards what ultimately matters: specific products, specific buyers, specific distributors and actual export orders.
Give Our Missions Targets
Commercial diplomacy must become results-driven. The Government should set clear annual trade and investment targets for every Sri Lankan mission in Africa.
Missions should be evaluated not merely on diplomatic activity, but on buyers and distributors identified, business introductions made, investments facilitated, market barriers resolved and measurable exports generated.
In a competitive Africa, our missions must become active economic frontlines not merely diplomatic outposts.
A practical strategy could operate through three commercial gateways: Nairobi for East and Central Africa, Accra for selected West African markets and Lagos for Nigeria.
Sri Lanka’s total exports of goods and services reached approximately US$17.25 billion in 2025. Capturing even a small additional share of Africa’s enormous import market could, therefore, make a meaningful contribution to export earnings, investment and foreign-exchange generation.
Africa Will Not Wait
Sri Lankan exporters must stop looking at Africa as a distant or difficult market and start treating it as a strategic growth market.
We cannot compete with China and India on scale, but we can compete on quality, specialisation, flexibility and reliability. Exporters must identify country-specific opportunities, establish strong local distributors, build partnerships with African businesses and use Sri Lankan companies already operating on the continent as gateways into regional supply chains.
Where freight and tariffs weaken competitiveness, businesses must be prepared to move towards local assembly, joint ventures and manufacturing in Africa. Exporters cannot do it alone. They need aggressive, measurable and results-driven commercial diplomacy from Sri Lanka’s missions.
Africa is buying. Its markets are being captured now. Sri Lanka must stop watching from the sidelines. We must enter, compete, build our presence and secure our share.
(Ambassador Kana Kananathan is a businessman, Diplomat, lobbyist and an expert in African affairs, with over four decades of experience on the African continent. A long-time resident of Africa, he served as Sri Lanka’s envoy to Uganda and Kenya, with concurrent accreditation to 22 African Nations, and was the permanent representative to UN Habitat and UN environmental Programme. Over the years, he has been the Elections Monitor across the continent, working closely with African governments, and built enduring partnerships with African leaders. He also served as Economic and Investments Advisor to former President Professor Alpha Condé of the Republic of Guinea)
Features
Memories and Midnight Magic: Recipe for a perfect 31st Night dance
The heart of a great 31st Night dance is memory, and memories come rushing back when those 70s, 80s and 90s golden oldies begin to play — those timeless tunes that make revellers, young and old, rush to the floor and dance the night away.
A perfect 31st Night is not just a party. It is a journey. A journey through time.
The music should flow like a love story. Start slow, start soft. Let couples glide into a waltz for romance. Let the floor come alive with a twist, a rock ‘n’ roll, a jive. Let nostalgia build with beautiful sing-along oldies generally associated with a New Year’s Eve dance.
This is the art that many of our entertainers seem to have forgotten.
The final hour, before midnight, is sacred. It should be collective energy at its peak. The entire crowd, on the dance floor, linking arms, swaying together, singing, at the top of their voices, those sing-along favourites.
Yes, I’m referring to those immortal, nostalgic favourites that unite the world: ‘This Land Is Your Land,’ ‘You Are My Sunshine,’ ‘When The Saints Go Marching In,’ ‘Roll Out The Barrel,’ ‘Celebration,’ ‘She’ll Be Coming Round The Mountain,’ ‘Happy Days Are Here Again,’ and so many more.
One wonders if some of our modern entertainers have even heard of these nostalgia anthems that traditionally lead up to the dawning of the New Year! This is not just music; this is ritual.
Then comes THE moment: Lights dim. Music pauses. A hush falls. The countdown begins — 10, 9, 8… — hugs, wishes, tears of joy, and then … ‘Auld Lang Syne.’ Hands crossed, voices united, bidding farewell to the old and welcoming the new. That moment makes or breaks the night.
Here is the truth that many genuine 31st Night revellers feel but hesitate to say — an overdose of baila music at New Year’s Eve events is NOT welcome.
Of course, baila is required. Baila is our Sri Lankan heartbeat! But a 31st Night dance is for everyone.
When it’s ONLY baila, the twist and rock n’ roll lovers, the waltz kings and queens feel left out. And they are the very people who MADE nostalgia! They are the die-hard revellers who have kept the 31st Night spirit alive for decades.
A family mentioned to me that they went along with friends for a 31st Night dance, in the city, to usher in 2026, and were thoroughly disappointed with the setup.
The bands in attendance, they said, failed to generate the excitement generally associated with a 31st Night event.
If given a free hand, the music at certain Colombo venues will be mostly baila, and that is going to disappoint many. Some are already worried that it will be just a baila scene this year, as well.
A memorable 31st Night respects all rhythms … yes, a waltz for romance, a twist and rock n’ roll for that 60s magic, a cha-cha, a slow foxtrot, and then the baila, after the countdown anthem.
That balance is what makes it inclusive, classy, and truly fun-filled.
Organisers, especially in Colombo, should keep this in mind: let it be 70% nostalgia – Western, and 30% baila, with the last hour left for pure baila madness, after the New Year is in!
Organisers must work out the programme for their 31st Night and instruct the entertainers to follow those instructions. The band should not dictate the night; the spirit of nostalgia should.
This New Year, let’s give Colombo what it truly wants — memories, midnight magic, and music for every soul on the floor.
Let’s dance into 2027 with class.
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