Opinion
Language of Courts in North and East
By S. Ratnajeevan H. Hoole
Fear of Police, Under
a Culture of Bribery
Returning from church on my scooter with my wife on the pillion recently, I found the police and the army everywhere for the President’s visit. A policeman, an officer, stood at the middle of the Kandy Road-Kachcheri Nallur Road junction expecting us to go around him. I told him to stand to a side and he seemed a little taken aback even as my wife panicked in case he retaliated. That is my point. We fear the police and do not see them as our guardians. That police arrogance is because they are not our police but rather the police of the central government coming here to get rich through bribes.
In an ongoing matter, a policeman who is nice to us in court in a matter that has us trudging in and out over the years, asked us politely for Rs. 50,000 over some personal difficulties in collecting his vehicle after repairs, promising to speak inside and get the matter finished quickly. It was not clear if the money was for him or someone else. No point in complaining against the deniable.
In Jaffna, former Mayor V. Manivannan made a speech during the 2018 elections threatening to assault me because I had, as a member of the Election Commission then, filed complaints against his Tamil Congress for several election law violations. My complaint was on the direction of the Commission. I had to go to Jaffna to complain, and again to give his speech in five copies on CD. I trudged in and out of court and after a year discovered that the police, as the formal prosecutors, had not given the CDs to court. One day an Acting Magistrate ruled the evidence inadmissible as it would be unfair by Manivannan). What about fairness towards the people in elections as laws were violated? Acting Magistrates usually do no more than set the next date. The Attorney General called for the file to study it and has not returned it. So, no court date can be set. That is an old story of an essentially dead case that is alive on paper.
13th Amendment
The 13th Amendment to our Constitution is under intense discussion as we ask for its full implementation. What is being mentioned is police rights and land rights. Both are very important. Particularly, if the police are to look after our safety, we must feel safe from the police.
As I have noted before, when the Mullaitivu Judge ordered an enjoining order to be served on the Buddhist monks who were trying to take over a Hindu temple in Chemmalai, the police failed to serve the order. It was election time and I, through the Election Commission Chairman, warned the IGP that there was trouble brewing, trouble that could disrupt the elections. He promised to look into it and did nothing. I raised it again when he came to the Election Commission. He feigned to be taking serious notes but did nothing. These have a lot to do with the Tamil sense of well-being and safety.
There are then land powers so important to our safety and many other things supposedly implemented but not. The President is on strong grounds in implementing laws already on our books.
Rights on the Books
BJP’s Tamil Nadu Head Kuppusamy Annamalai promised in Jaffna that a new message would come soon on the 13th Amendment (LNW, Feb. 14, 2023). As he put it, development programmes in Northern and Central Provinces were near fruition. A new ferry service would commence between KKS and Karaikaal. Discussions have been initiated on a shipping service. India’s External Affairs Minister S. Jaishankar has asked our President to implement fully the 13th Amendment. “Expect new announcements soon”, he said. As a result, the Tamil people would see great improvements in their lives, he promised.
Jaishankar has correctly advised the TNA MPs not to neglect what we have while asking for more. The President has also endorsed this (LNW 14 Feb. 2023)
Language Rights in Court
These rights are incorrectly portrayed as rights already given. A few days ago (17 Feb. 2023) I was rather pleased to see the headline in The Island reading “TNA MP wants Jaffna court to send him summons in Tamil.” It was about Mr. S. Shritharan, TNA MP, who was served summons by the police written in the Sinhalese language to appear for an inquiry into demonstrations against President Ranil Wickremesinghe’s visit to Jaffna. Shridharan wanted it in Tamil. The police then gave him their translation which he declined saying it must have the Court Registrar’s imprimatur. The shrewd MP was right. It was a police inquiry and not a judicial inquiry.
At long last, like our muscles that atrophy when unused, our unused language rights are being woken up from their state of slumber. Thank you, Mr. Shritharan!
Language Rights and Police Rights
These language rights also touch on our police rights when we fear the police. We in the North and East have got used to the police barking at us in Sinhalese expecting us to understand them. In Magistrate’s courts as I have seen, for simple offences by simple people like brewing liquor that need us only to say guilty and pay the fine, the police prosecute in Sinhalese, making a lawyer necessary.
Around 8 pm, Feb. 8, 2023 homeowners in Vali North protested against ten soldiers looting their houses slated for release. The soldiers threatened them. I hold the Power-of-Attorney for my brother-in-law’s house next to the Presidential Palace in Keerimalai. Thanking the President for doing the right thing by releasing these lands daring the army, I respectfully remind him of his duty to guard our house against looting.
Implemented Language Rights Denied in Court
I was served an enjoining order in Sinhalese by a District Court. It was all Greek to me, so I went to plead for a copy in Tamil. The judge ordered me to come with a lawyer and it was recorded despite my right to appear for myself. I asked for a copy of the enjoining order in Tamil if I am to file an answer. That is not recorded but it has been converted to an interim order without an opportunity for me to file answers. Judges control what goes into record. Since judges have the power to impose contempt sentences, I will say no more, except that there is urgent need for reform.
Lawyer friends with their heads in the clouds nonchalantly say we always have recourse to appeal. Oh yeah? To go to the Court of Appeal, paying Rs. 100,000 per appearance to Rs. 750,000 total (depending on the lawyer’s seniority)? And that is usually in cash to lawyers who rarely pay their taxes? The system stinks and is self-serving. This is where the President should begin tax reform.
The Murder of the Tamil Language in Court
Usually, when a language is used officially, it grows and flowers. We see that with Sinhalese. With Tamil too I have seen good Tamil from the NE Administrative Service Officers while there is also the unnecessary change in Tamil accepted in ordinary use – for example for “he conducted,” changing the word nadathinaar to nadaathinaar and the interjection of Sanskrit words when there are good Tamil words. Grammatical violence like “valuable things is there” (LNW of 9 Feb. 2023) or “from every divisions” is common even in newscasts and from pulpits.
That aside, I find the Tamil used by some judges to be horrid. In one short enjoining order by one of the most senior Judges, I see the wrong spelling of simple words with the wrong -nu and the wrong -la which alter the pronunciation of the preceding letter, thereby rendering the meaning of the word unclear.
Far worse is the violence done to Tamil grammar. The order prohibits entering certain premises by several unnamed students, workers, etc. who were not party to the case. WhatsApp is transcribed as Waadasap. By prohibiting the use of WhatsApp and email, the order disallows informing students that they cannot enter campus. Instead of saying “approaching buildings,” it says “approaching in buildings” as if it is not physically approaching but approaching for a favour like love.
In fact, if students living five km away from a prohibited building go to another place four km away, have they approached the buildings and therefore in violation? The order redundantly uses the sense of entering four times in a sentence making its meaning unclear. Instead of saying “Should you violate this order, you will be guilty of contempt” it says “Should this order be violated you will be guilty of contempt.” The order therefore gives the idea that if others enter the premises without knowing they are under such an order, the main respondent who was served the order can be thrown into jail.
A judicial order must have clarity and exactitude to be enforceable, but the judicial service seems incapable of writing in correct Tamil to make its orders have sense. Lawyers and Respondents in deference to judges obey based on what we think judges mean.
Conclusion
Every right in the Constitution is a right that must be given fully.
Opinion
Sri Lanka’s geopolitical positioning for future prosperity
By Chula Goonasekera
For the LEADS Forum (admin@srilankaleads.com)
Sri Lanka’s future prosperity will depend on how effectively it positions itself within an increasingly complex global environment. At a recent LEADS Forum discussion (https://youtu.be/Bbr3e_qU1Fw), veteran diplomat Prasad Kariyawasam, former Secretary to the Ministry of Foreign Affairs, High Commissioner to India, Ambassador to the United States, Ambassador /Permanent Representative to the UN in New York and Geneva —outlined the strategic choices Sri Lanka must make to secure long term stability and economic advancement. Kariyawasam offered a rare blend of historical perspective, diplomatic experience and practical guidance.
His central message was clear: Sri Lanka must exercise strategic agency—engaging all major partners while safeguarding its national interests.
Foreign Policy as an Extension of National Aspirations
Foreign policy, Kariyawasam emphasised, is inseparable from domestic priorities. As your text notes, “foreign relations often reflect the medium- and long-term aspirations of a country’s people and its leadership.” Governments must therefore craft external relations that reflect the public’s economic and social expectations, avoiding short-term political impulses that undermine long-term national interests.
For a small nation, foreign policy cannot be symbolic or personality driven. It must be purposeful, pragmatic and directed towards the security and prosperity of the people.
A History of Global Connectivity
Sri Lanka’s history demonstrates that the island has never been isolated. From ancient ties with India and Southeast Asia to Arab, Persian and Chinese maritime networks, the island prospered when connected to the wider world. We must realise that “geography creates opportunity, but geography alone does not create prosperity.” Institutions, infrastructure and policy determine whether geographic advantage becomes economic success.
Colombo’s emergence as a cosmopolitan trading hub and Galle’s role as a resupply station for Indian Ocean shipping in colonial times , illustrate how deeply Sri Lanka has been embedded in global commerce for centuries.
Lessons from Asia’s High Performers
Kariyawasam highlighted the experiences of Japan, South Korea, Taiwan, Singapore and Vietnam. Their paths differ, but their success rests on common foundations:
• investment in human capital and infrastructure
• merit based institutions
• integration into global markets
• attraction of investment and technology
• export oriented industries
• strategic engagements with both China and Western economies
The lesson for Sri Lanka is not imitation but continuous adaptation and constructive integration with the global economy.
India: Sri Lanka’s Closest Major Partner
India’s transformation into a global economic power presents Sri Lanka with both opportunity and responsibility. India is already Sri Lanka’s largest source of tourists and a major investor. Kariyawasam states, “The larger question is how effectively Sri Lanka can participate in and benefit from India’s growth.”
A partnership should encompass modern, more open pathways for trade, investment, logistics, energy, technology, digital services, education and professional mobility—And asymmetry between the two economies must be handled with maturity and foresight, seeking special and differential treatment .
China and Other Global Partners
China remains a significant economic partner. Sri Lanka must avoid viewing this relationship through a zero sum lens. The goal should be productive and transparent engagement, ensuring better terms of trade and meaningful technology transfer.
Equally Important relations must be nurtured with the United States, European Union, United Kingdom, Japan, Australia, ASEAN and the Gulf.
All these relationships can be vibrant partnerships that does not lead towards , dependency but mutually beneficial pragmatic arrangements .
A Fragmenting International System
Global geopolitics is becoming more volatile. Trade tensions, wars, sanctions, supply chain disruptions, climate change and technological competition increasingly shape national security. We must realise, “foreign policy cannot be separated from economic policy.”
Sri Lanka’s recent economic crisis demonstrated the importance of international confidence, access to finance and resilient supply chains. Energy security, food security, cybersecurity and digital infrastructure are now core elements of national strategy.
Strategic Agency: The Guiding Principle
Sri Lanka must avoid becoming an arena for great power competition. Strategic agency means making decisions based on national interest, expanding Sri Lanka’s choices, not restricting them.
India is essential. China is important. The United States, Europe, Japan, Australia, ASEAN and the Gulf are important. The objective is a web of partnerships that strengthens resilience and autonomy.
Sri Lanka’s Strategic Assets
1. Location: Sri Lanka’s geography is a long standing advantage. Ports such as Colombo, Hambantota, Trincomalee and Galle can become specialised hubs—if connected to logistics, manufacturing, services and exports.
2. Digital Connectivity: Submarine cables, data centres, cloud services and cybersecurity are now as important as physical geography. Sri Lanka can turn its location into both a maritime and digital advantage.
3. Tourism and Natural Heritage: The focus should shift from tourist numbers to value creation—wellness, heritage, ecotourism, cruise tourism, education and MICE tourism.
4. Human Resources and Demographics: High literacy is no longer enough. Skills in technology, engineering, AI, logistics and advanced manufacturing are essential, especially with an ageing population.
5. Migrant Workforce: Migrant workers are a strategic asset, not merely a source of remittances. Bilateral labour agreements, skills recognition and diaspora engagement should be central to foreign policy.
Requirements for Sustained Prosperity
Sri Lanka’s future depends on:
• peace and security
• access to international markets
• productive investment
• a skilled, productive workforce
• modernised agriculture
• higher value tourism
• demographic preparedness
• climate resilience
• strong, predictable institutions
Please note that “foreign policy can open doors. Domestic institutions determine whether we can walk through them.”
The Role of the State
Sri Lanka does not need a larger state—only a more capable one. Policy continuity, professional institutions, predictable regulation and reduced corruption are essential. Geography does not change; long-term national interests do not change. Intentional relationships built over decades should not be reinvented with each election cycle.
Building Trust Internationally
Trust is a strategic asset. Sri Lanka must be known as a country that honours commitments and maintains predictable policies. This is vital not only for diplomacy but also for investment and long term partnerships.
Avoiding Zero Sum Geopolitics
Sri Lanka does not need to choose between India and China, or between Asia and the West. The task is to identify what each relationship can contribute to national development while protecting sovereignty and freedom of decision making.
Sri Lanka’s geography is an inheritance, but prosperity is not guaranteed. The world is changing rapidly—great-power competition, technological disruption, and climate vulnerability demand a foreign policy that is pragmatic, adaptive, and anchored in national interest.
Sri Lanka must build partnerships without dependencies, maintain strategic agency without isolation, and integrate with the global economy while strengthening domestic capacity.
“We cannot change where Sri Lanka is. We can, however, determine what Sri Lanka becomes because of where it is”
Opinion
A tariff deal with the US? Make haste slowly
by Gomi Senadhira
Sri Lanka’s former ambassador to the United States Mahinda Samarasinghe is back in Sri Lanka lobbying for speedier finalisation of a new tariff deal with the United States. According to news reports, delivering the keynote address at the Sri Lanka Institute of Directors’ Annual Meeting last week, he stated, “I have recommended very strongly to the government that we need to conclude the agreement so that we can lock in the very favourable tariff rate that Sri Lanka has got up to now“.
I do not understand why the former ambassador is urging the government to expedite the finalisation of a new tariff deal or what is “the very favourable tariff rate” he refers to in his speech. However, given the ongoing terrible tariff turbulence in the United States and the fragile economic situation in Sri Lanka, I believe, this is not the right time to rush into finalising any trade agreement with the United States. I am also of the opinion that at this juncture Sri Lanka should maintain strategic patience and explore all available options.
Lessons from the countries that rushed for trade deals
To better comprehend this, let’s look at experiences of the countries that rushed to conclude tariff deals with the United States after President Donald Trump declared his “reciprocal tariffs” under the International Emergency Economic Powers Act (IEEPA) in April 2025. As Samarasinghe stated in his keynote, “The bottom line on all these negotiations was that every country that finally agreed to sign the agreement had to give either complete duty-free access for American exports into those markets, or near complete duty-free access.” In exchange for these tariff concessions and other market access commitments these countries managed to get the newly introduced country specific “reciprocal tariffs” reduced.
However, in February 2026, the Supreme Court of the United States (SCOTUS) struck down these “reciprocal tariffs” under the IEEPA. With that, the market access gains these countries received in exchange for complete duty-free access for American exports into their markets evaporated under U.S. domestic law. By moving too fast to conclude bilateral tariff agreements with the United States these countries are now bound to strict obligations whereas the benefits they bargained from the U.S. administration are not worth the paper those were written on.
Sri Lanka’s experience
In April 2025, President Trump declared his “reciprocal tariffs” and labelled Sri Lanka as the worst offender, imposing one of the highest additional duties at 44%. Since then, Ambassador Samarasinghe and other negotiators have managed to negotiate this down to 20%. I do not know what the deal was through which Sri Lanka managed to reduce the 44% tariff to 20% or what we gave in return for this “concession.” However, what we received in return has absolutely no value after the decision by the SCOTUS.
Current state of US tariffs
After the decision by SCOTUS, the U.S. administration introduced a temporary 10% additional tariff on all countries for 150 days. At the end of that period, this 10% tariff was replaced by a new “forced labor tariff ” of 10% to 12.5% on all trading partners under Section 301 of U.S. trade law. Twenty-five U.S. states and several small businesses have already filed lawsuits against these tariffs in U.S. courts. This new “forced labour tariff ” on Sri Lanka was first fixed at 12.5%. Later, after President Anura Kumara Dissanayake issued a gazette notice prohibiting the importation of goods produced using forced labour, it was reduced to 10%. That means Sri Lanka has already made a substantial commitment to receive this “tariff concession,” and I presume our negotiators understand the implications of this commitment.
Make haste slowly
After President Trump imposed 44% “reciprocal tariffs” on Sri Lanka, through an article published in The Island on 25th April 2026 (), I urged the government to engage immediately with the US administration on these tariffs. However, I also emphasised that the best way to move forward was to make haste slowly.
Two millennia ago, Augustus Caesar, the first emperor of Rome, frequently used the phrase, “make haste slowly”, because he detested rashness and haste in his military commanders. It was the recurring guiding maxim that he emphasised throughout his 40-year imperial rule. After 2000 years, this classical oxymoron remains a definitive golden rule for professional trade negotiators. More importantly it is the exact blueprint required when navigating turbulence in trade negotiations with the Trump administration.
The endgame – The most dangerous moment in trade negotiation
Samarasinghe has also stated the agreement is 90% complete. Any experienced trade negotiator should know that the final 10% contains high-stakes provisions and is the most dangerous moment in a trade negotiation. A single misplaced comma or ambiguous product description in a tariff schedule can cost millions through unintended loopholes. Rushing this last stretch to secure a deal can permanently expose Sri Lanka to sudden shifts in American trade policy, heavy compliance costs, or strict enforcement under Section 301 regarding supply-chain labour standards. Hence, this is the time for strategic patience.
(The writer can be reached at senadhiragomi@gmail.com)
Opinion
Buddhist law and constitutional amendments
Upon reading the article titled “Prof. Pieris says Buddha Dhamma recognized as source of law under Constitution” (Island, September 12, 2026), the classical Sinhala idiom “Yanne Koheda? Malle Pol” immediately comes to mind. The expression, translating literally to answering “I have coconuts in my bag” when asked “Where are you going?”, underscores a complete disconnect in logic. Because it is uncertain whether the article accurately represents the professor’s precise words, the following critique addresses the contents of the report rather than the speaker himself.
The central premise of the report concerns a statement delivered by the Chief Justice regarding a petition filed against the 22nd Amendment to the Constitution. According to the report, the Chief Justice’s observation that the determination would be made strictly on the basis of established law rather than Buddhist teachings was characterised as a “cavalier dismissal” of the Buddha Dhamma. This assertion carries a host of unexamined assumptions. Had the writer specified precisely which tenets of the Buddha Dhamma were violated, a direct legal or philosophical evaluation could take place. However, no specific Buddhist tenet or law was identified as having been transgressed, and for good reason: no such statutory legal framework exists within the Buddha’s teachings.
To understand the flaw in this argument, one must examine the constitutional context alongside the canonical meaning of the terms involved. Article 9 of the 1978 Constitution of Sri Lanka mandates that the Republic shall give Buddhism the foremost place and that it shall be the duty of the State to protect and foster the Buddha Sasana, while guaranteeing the fundamental rights of all religions under Articles 10 and 14(1)(e).
While “Buddhism” and “Buddha Dhamma” are frequently used as interchangeable terms in casual dialogue, they represent distinct concepts. “Buddhism” is an umbrella term coined by 19th-century Western scholars to classify the global institutionalised religion, incorporating its diverse sects, cultural traditions, rituals, and socio-political histories. Conversely, Sasana is the ancient term designating the structural framework established by the Buddha to preserve and transmit his teachings, comprising the monastic order (Sangha) and its supporting institutions.
In classical Theravada commentarial literature, the Sasana operates as a functional three-tiered structure. It encompasses Pariyatti Sasana, the preservation and study of sacred texts; Paṭipatti Sasana, the practical execution of the doctrine through ethical conduct and meditation; and Paṭivedha Sasana, the direct experiential realization of ultimate truth, or enlightenment. This structural breakdown raises fundamental questions about state capacity. While a state can readily support Pariyatti Sasana through academic institutions, textual preservation, and educational funding, it cannot legislate or enforce Paṭipatti or Paṭivedha. Practical engagement and spiritual realisation are inherently internal, first-person experiences. Expecting the state to codify or guarantee enlightenment is a conceptual impossibility.
Furthermore, the Buddha Dhamma refers specifically to the unconditioned truths of existence and the teachings imparted to realize them, including the Four Noble Truths, the Eightfold Path, and Dependent Origination. As the late Venerable Professor Kotagama Wachissara Thera observed, there is no rigid ideologue or “ism” in the core Dhamma. The teachings do not constitute a system of divine commandments or a legal statute enforced through reward and punishment. Rather, Buddhist ethics function as self-directed guidelines for psychological clarity and moral inquiry. Even the Vinaya Pitaka, which contains explicit rules of conduct, functions as an internal monastic code rather than a civil or criminal law intended for the laity.
Throughout the Pali Canon, guidance regarding governance focuses on the moral character of leadership and the social duties of statecraft rather than rigid legal codification. In discourses such as the Cakkavatti Sihanada Sutta (DN 26), the Buddha observes that social instability and crime cannot be eliminated solely through punitive measures, emphasising instead that states must provide economic opportunities, fair wages, and resource distribution to maintain societal balance. Crucially, in the Maha Parinibbana Sutta (DN 16), the Buddha explicitly highlights the importance of respecting established laws and traditions rather than enacting arbitrary regulations.
The natural laws articulated in the Dhamma, such as the law of cause and effect or the three characteristics of existence, govern all phenomena universally, regardless of legal statutes or personal belief. They are not human laws to be applied or suspended by a court of law. Therefore, characterizing the Chief Justice’s adherence to constitutional jurisprudence over religious doctrine as a “cavalier dismissal” lacks logical and textual foundation. Framing the judiciary’s adherence to legal precedent as an attack on the Dhamma distracts from fundamental constitutional principles and risks misguiding the public for political ends.
Geewananda
Gunawardana,
Ph.D.
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