Features
Last Chance for Presidential and Political Reforms
by Rajan Philips
This is a sequel to what I wrote last week concerning President Wickremasinghe’s options and the country’s counter options. I will take one more kick at the can to say why now is the time for presidential political reforms, and why the opportunity should not be missed. As potential reforms go, presidential reform is the centerpiece, but there are also other reform tasks targeting the electoral system, devolution and the provinces, and the administrative system to provide public service independent of political preferences. Hence the rubric of political reforms.
Also, I use the term presidential reform advisedly, to emphasize that reforming the presidency is not abolishing the presidency. There will have to be a president, but one that is somewhere between the old Governor General and the current Executive President. Fundamentally, a future president, as Head of State, should not be directly elected by the people at large. Nor should she/he be left to be appointed by a prime minister, as Head of Government. The task of reform would be to find a middle way to have future presidents elected by representatives who are directly elected by the people in their constituencies.
The powers of future presidents should also be different. Significantly less than what is provided now, but sensibly more than the ceremonial powers of the past. The Head of State should not be the Head of Government or Head of Cabinet, but could provide a firewall against government interference in the independent functioning of the electoral process, appointment of judges and their independence, and the independent functioning of public servants in implementing government policy.
The Missing Middle
Most of all, presidential powers could be modified to address the implications of the 13th Amendment and the Provincial Council system it created, which have been the principal constitutional change since the presidential system was adopted in 1978. In fact, 13A could be seen as a paradigm shift since constitutional government began in Sri Lanka under colonial rule as well as after it. While debates have been raging for and against the presidential system, on the one hand, and the provincial council system, on the other, the missing middle is the concerted effort to synthesize the two and to reinforce their strengths and restrict their shortcomings.
Sri Lanka still has a few old school legal experts left to do this and more, but the political leadership is woefully wanting in the capacity to realize what is missing and the wisdom to appreciate where help can be found and to get it done forthwith.
President Wickremesinghe thinks and acts like the know-it-all.
Gotabaya Rajapaksa, on the other hand, nationalized native ignorance when he appointed a constitutional committee of so called experts to produce a whole draft for a new constitution without public consultation or parliamentary input. Whatever draft that the now defunct committee produced deservedly ended up defunct as well. So, everyone thought. Now there are attempts to resurrect it. The same sinister forces who got Gota to do every crazy thing they wanted, and then went quiet and hid themselves as Gota’s presidency spectacularly unraveled, are now back at it again. They want the rejected committee report resurrected.
They have found an opening, rather many openings, in all the presidential meanderings of Ranil Wickremesinghe, to peddle their politics; and they have found patronizing media outlets to publicize their petitions. President Wickremesinghe must take almost all the blame for the new turn of events. He has not solicited or secured principled support in parliament, only an opportunistic voting bloc. He handsomely admits that he is not popular as a politician, but does everything possible to alienate the people at every turn. His 13A adventure may turn out to be a misadventure. Rather than building support for incrementally and systematically implementing 13A, he is providing opportunities for its detractors to call for its wholesale rejection.
What is the 13A implementation that the President is trying to achieve on paper when the provincial councils are not functioning and have been in a state of dissolution for nearly five years? Where is the spirit of devolution and how is its purpose being served, when the President relies solely on his executive powers to implement the provincial council system when there is no provincial council anywhere? Doesn’t he want to know what live and functioning Provincial Councils have to say about the implementation of their own system? Or does he know it all?
For good measure the President keeps lecturing MPs that parliament should act responsibly to implement the 13A the way he sees it. At the same time, he dismisses calls by opposition political parties to hold elections, not only provincial elections, but also local government and parliamentary elections. Without elected provincial councils there is no meaningful ‘implementation’ of the provincial council system. Additionally, how can the president expect political parties to support him to implement the provincial council system, when he summarily spurns their calls to implement it by holding elections in the first place? Not to mention the government trying to strong arm the judiciary to stop it from reviewing an apparently privileged but really superfluous parliamentary resolution on domestic debt restructuring.
Or take police reform. No one taking sides in the brouhaha over provincial police powers is showing any concern for the dysfunctional state of affairs in the national police service. In the Sunday Island last week (August 13), the retired DIG Kingsley Wickremasuriya lists the opportunities lost by successive governments for implementing police reform. And he asserts that the current “dilly-dallying with the appointment of a successor to take over, apparently for reasons of political expediency … is the first time in the known history of the Department that the Police had to face such a situation.”
In this state of national police mess, how is a Provincial Council going to handle police powers? It will not be a case of devolving powers, but distributing a national mess. Put another way, nothing can be done provincially unless everything is reformed nationally. There is no piecemeal way to devolving powers without comprehensive political reforms. That does not mean that you consign provincial councils to cold storage without elections, but prioritize and carry out reform tasks systematically and consistently.
The Last Chance
As I noted last week circumstances have brought Ranil Wickremesinghe to his current position of power. The same circumstances have also a created a vacuum of presidential aspirants. There are no strong presidential candidates with formidable political alliances as in the past. That creates the potential and the space for political and presidential reform independent of presidential elections. The situation in parliament is also conducive to building support among both government and opposition MPs to implement a principled reform agenda.
It is the convergence of the three developments – Ranil Wickremesinghe as caretaker president, absence of strong presidential contenders, and the ‘hung situation’ in parliament – that has created the current unique situation for implementing political reform. It is unlikely that a similar convergence will occur any time in the near future. It is an ideal opportunity that should not be missed.
And it can be seized only if President Wickremesinghe were to declare that he will not be seeking a new term as elected president, and disinterestedly invite parliamentarians to join him on a reform agenda that could be undertaken by the current parliament in short order, along with local, provincial and parliamentary elections. He cannot expect and he will not get the requisite support in parliament for any reform if he were to continue maneuvering to be a presidential candidate.
As I also argued last week, any and all reform prospects will be ruined if President Wickremesinghe were to go ahead with his current plans to be a presidential candidate and find way to call an early presidential election at the time of his choosing. There is also the ominous side to Ranil Wickremesinghe and what it could be with him at the helm as an elected president.
And it would be anti-reformative for any political party to let President Wickremesinghe go ahead with his candidacy plans in the hope of being able to defeat him in his own game. Even if he were to be defeated, it will be a pyrrhic victory as far as political reforms are concerned. For there will be no reform as long as there is an elected president, no matter whoever it might be. And if the current opportunity for stopping presidential elections were to be lost, it may not be possible to stop them from continuing for the foreseeable future.
The big question is, what is there to stop President Wickremesinghe going ahead with his candidacy plans? For starters, as caretaker president he cannot call an early presidential election under the Third Amendment. Any attempt to circumvent that restriction or get a favourable court ruling to pre-empt it should be resisted. That resistance will also send him the clear message that the harder he tries to be a candidate, the more unpopular he will become to win an election. But stopping him from being a candidate will not be enough to usher in reforms.
The more positive question, what is there to make President Wickremesinghe to become a catalyst for reform and not a candidate for its ruin. The short answer is Aragalaya Version 2. If that were ever possible. The opposition political parties could take the lead, but so far they have shown a tendency to oppose President Wickremesinghe by following him, rather than forestalling him. For starters, they may try a parliamentary resolution on political reform. If passed, the Speaker could be asked to declare it out bounds for the judiciary.
Features
Odds and Ends: Horse racing and the business of sports betting – IV
by Prof. C. A. Saliya
(The fourth instalment in a five-part series on
the business of gambling, legal and illegal)
Here’s a puzzle worth thinking about. For well over a century, Sri Lankan law has treated a village card game as a criminal offence, punishable by fine or imprisonment. In that same period, it has treated betting on horse racing as a perfectly legitimate, taxable business, one the state has actively collected revenue from for generations, under a Horse Racing Betting Ordinance older than most of the country’s other gambling law. Same basic activity, risking money on an uncertain outcome, one version illegal since 1889, the other legal the entire time.
Why? Follow the money, and the class lines, back to the colonial era. Horse racing arrived in Ceylon as a pastime of the British administrative and planter class, a “sport,” played and watched at clubs and racecourses, with betting bolted on as a respectable, even sophisticated, accompaniment. Card games played by ordinary people in villages, on the other hand, were exactly the kind of activity the same colonial authorities were eager to label a vice and criminalise. It’s the same pattern we saw with casinos in Part 2: gambling done by the wealthy tends to get called a sport, a tradition, or an investment. Gambling done by everyone else tends to get called a crime.
That history matters, but the economics of horse racing betting matter just as much, because once you understand how a bookmaker actually prices a race, you understand something that applies to almost every form of sports betting on Earth, from a Colombo racecourse to a global football sportsbook.
How a bookmaker guarantees a profit
Imagine a simple race with only two horses running, and imagine, just for the sake of the maths, that both horses genuinely have an exactly 50-50 chance of winning. A perfectly fair bookmaker, offering perfectly fair odds, would price both horses at even money: bet 100 rupees, win 100 rupees plus your stake back, on either horse.
No real bookmaker does this. Instead, they’ll price both horses slightly below their true odds, say, offering odds that imply each horse has a 55 percent chance of winning, even though the true chance is only 50 percent. Add those two implied percentages together and you get 110 percent, not 100. That extra 10 percent is called the “overround,” or sometimes the “vig” (short for vigorish), and it is the bookmaker’s guaranteed margin, built directly into the prices on the board before a single horse leaves the starting gate. It doesn’t matter which horse wins. The bookmaker’s overround wins regardless, on every single race, all day, every day.
There’s a second, subtler effect that decades of studying racing data has confirmed again and again, all over the world: bettors as a group are slightly too generous to favourites and slightly too generous to long-shots. Favourites tend to win a bit more often than their odds suggest they should, meaning betting on the favourite loses you money slightly more slowly than average over the long run, while betting on the rank outsider, the 50-to-1 shot that everyone secretly dreams will come in, loses you money considerably faster than average, because the public consistently overpays for that lottery-ticket dream. Bookmakers know this. It’s baked into their pricing, and it has a name: the favourite-longshot bias.

It’s not just horses anymore
Horse racing used to be the flagship product of the entire betting industry. It still matters enormously, including here in Sri Lanka, where it remains one of the very few genuinely legal betting products, but globally, its share of the total betting market has shrunk as sports betting on football, cricket, tennis and everything else has exploded, especially since a landmark 2018 United States Supreme Court ruling opened the door to state-by-state legal sports betting across America.
The newest and, frankly, most dangerous evolution of all this is “in-play” or “live” betting, placing bets not before a match starts, but continuously, in real time, on what happens in the next five minutes: the next corner, the next wicket, the next point. Regulators studying gambling harm consistently find that in-play betting produces worse outcomes fo bettors than traditional pre-match betting, precisely because there are so many more moments to place a bet, so much less time to think between decisions, and so much more opportunity to chase a loss five minutes after you made it.
Where the skill actually is, and isn’t
Now, a confession from this column, which has spent plenty of ink over the years analysing racecards: professional handicapping, studying trainer and jockey form, course and distance records, the draw, the going, the weight a horse is carrying, is a genuinely real skill, and it can meaningfully improve your chances of picking a winner compared to a random guess. That’s not a myth. Good handicapping works, in the narrow sense that it improves your odds of identifying the horse most likely to win any given race.
But “improving your odds of picking a winner” and “beating the house edge” are two completely different things, and this is the single most important distinction in this entire series. Even the sharpest, most statistically literate handicapper in the country is still betting into odds that already have the bookmaker’s overround baked in. Skill can narrow the gap. It essentially never closes it completely over the long run, for the simple reason that the house built the gap on purpose, and prices every race to make sure it stays open.
When the “form” is fake: Virtual meetings
One genuinely strange wrinkle worth flagging here: some betting products dress themselves up in the full costume of horse racing, trainer names, jockey silks, past form lines, even fake race commentary, while actually being nothing more than a random number generator behind the scenes, deciding the winner with no horses, no trainers, and no real race involved at all; just a computer simulation.
These “virtual racing” products exist specifically to borrow the credibility that real handicapping has earned over more than a century, and apply it to something that has no skill element whatsoever, chance and chance alone. It’s worth knowing the difference, because the two products look almost identical on a betting slip, and only one of them rewards the kind of analysis this column has always tried to teach.
Are manipulations possible?
Bookmakers don’t secretly insert horses into races to beat favorites instead they simply publish odds based on form and betting demand. The real risk comes from insiders with knowledge, such as trainers or syndicates, who can exploit undervalued horses to stage betting coups. These events are rare but welldocumented, leaving a lasting mark on regulation. In the past, bookmakers were reactive, allowing coups to succeed before odds adjusted. Today, they are far more proactive, using AI systems and integrity units to detect anomalies quickly. Even so, insider coups still occur, though they are rarer and swiftly investigated. The balance has shifted: bookmakers now lose less often, but punters continue to chase “value” in overlooked horses, keeping the contest alive between house margins and human ingenuity.
Betting Coups: When the Odds Tilt
Horse racing has always carried a mystique of glamour and risk, but behind the silks and starting gates lies a business model designed to ensure bookmakers never lose. As explained earlier, the “overround”, that invisible margin built into every price, guarantees profit before the first horse even breaks stride. Yet history shows that punters, syndicates, and insiders have occasionally turned the tables, staging coups that shook the industry and exposed its vulnerabilities. Timeline of such incidents are shown in the Table.
These stories remind us that while bookmakers build their margins into every race, the human element, ambition, deception, or sheer audacity, can still disrupt the system. Today’s safeguards, from AIdriven monitoring to integrity units, make coups rarer, but not impossible. And that tension between certainty and surprise is precisely what keeps the public fascinated. Horse racing is not just about speed and stamina; it is about the eternal contest between the house edge and human ingenuity.
The road ahead for racing in Sri Lanka
Horse racing’s legal status in Sri Lanka looks set to remain intact under the new Gambling Regulatory Authority, folded alongside casinos and licensed online sports betting operators. What’s new is that offshore online platforms, which have long taken bets from Sri Lankan customers without local approval, are now—at least on paper—being brought under the same regulatory umbrella as the racecourse. Whether this shift results in genuine oversight or simply adds a licence requirement that foreign operators quietly ignore remains an open question, one to be explored in the final instalment of this series as we assess what fair, joinedup gambling regulation would truly require.
Next week:
Part 5, the final instalment, Closing the Book, on what real gambling reform would look like, and whether Sri Lanka’s new law gets us there.
(Prof. C. A. Saliya, is a charted accountant, academic, researcher and former banker. He is the author of SAMAJA GAVESHAKAYA and Springer Publication DOING SOCIAL RESEARCH. He can be contacted at saliya.ca@gmail.com. The views expressed in this article are his own and do not necessarily represent those of the organisations with which he is affiliated.)
Features
When slogans meet scrutiny
An unhealthy politics still rents the finished war — and that is why society stays divided
by Mahil Dole
Senior Superintendent of
Police (Retd.)
True national stability requires a transition this country has postponed for seventeen years: from a military victory to civic reforms that penalise divisive actors and build a unified identity. Last week showed, with unusual clarity, why that transition keeps failing. It was not a failure of slogans. It was a failure of consistency. Democracy, in the narrow sense of ballots and benches, is still standing. What is unhealthy is the use to which those ballots and benches are put. An unhealthy politics does not close a war. It rents it.
Three scenes, one week
In Chavakachcheri, President Anura Kumara Dissanayake told a housing gathering that racism would not be tolerated in any form, against Sinhalese, Tamils or Muslims, in the North, South or East. He named the old kindling: heritage sites and religious places still used to ignite tension. He spoke of houses for the displaced and a stadium for children in Jaffna. Those are the right words for a head of State. A country that meant them would be doing the unglamorous work of peace: making the next generation less useful to anyone who needs a quarrel.
In Anuradhapura, on an SLPP stage, a different performance was under way. Jaffna Member of Parliament Archchuna Ramanathan referred to himself as a “Tiger” and to the elected President as a “fox”. The name of a proscribed organisation was spoken in a town that carries the memory of the sacred-city attack. Party figures who have spent years treating any mention of the LTTE as contamination were reported to have cheered. By Monday a civil-society group styling itself the “Joint Opposition” had taken a complaint to the CID. The Police confirmed receipt. Opposition voices had already raised the alarm on Sunday.
Let the record be exact, because the rumour was not. The complaint now on the CID file is that remarks on an SLPP stage, and the cheer that met them, crossed from political insult toward promotion of a banned group. The government, for its part, has said there is no room for LTTE promotion and that remembrance of the dead is another matter. Those are two different files. Mixing them is itself a kind of politics.
A third voice belonged to the same week. Professor Savitri Goonesekere spoke with the clarity that public law, when it is still a discipline and not a campaign colour, can still produce: thoughtful, articulate, addressed to the country rather than to a faction. The speech deserves the praise it has received. The caution it invites is as important as the praise. Worthy slogans, unity, an end to racism, one law for all, are easily hijacked. They are most easily hijacked by those whose own conduct is under scrutiny, and who need the language of virtue more than they need the discipline of it. A speech of that quality raises the standard. It does not lower the duty to watch who picks the slogan up next.
What an unhealthy democracy does
People vote. Governments change. Parliament sits. That is not a failed democracy in the textbook sense. It is also not a healthy one. A healthy system converts a military victory into civic rules that bind the winners as well as the defeated, and that make division expensive. An unhealthy system keeps the war useful. It farms fear. It treats identity as a turnout machine. It issues a guarantee against racism in one district and applauds a banned name in another. That practice is not a lapse of taste. It is a structural reason society remains split.
Duplicity is the method. The same platform that built a career on the defeat of terrorism can, when the arithmetic of a rally requires it, tolerate the self-description of a Tiger. The same voices that demand a ban on LTTE propaganda can discover, the following week, that a rival’s meeting is the real offence. The same guarantee against racism can be issued in the North on one day and left unenforced in the South on the next. Two standards, again — not between Colombo and an overseas capital this time, but between the microphone and the statute book.
The LTTE remains a proscribed organisation. That is law, not a mood. Remembrance of the dead is a human act and must be protected as such. Glorification of the organisation that killed them is not remembrance. A serious State draws that line once, publishes it, and applies it without regard to who is speaking and which party owns the stage. Selective outrage is not law enforcement. It is campaigning.
The same is true of the word “racism”. No President can abolish it by declaring that he will not tolerate it. The declaration is necessary. It is not sufficient. Racism in this country has rarely been only a private vice. It has been a public business model: a way to harvest fear, postpone reform, and keep a constituency enlisted after the guns fell silent. Heritage sites and religious places become kindling because someone lights them. Universities become martyr theatres because someone books the hall. A Member of Parliament can call himself a Tiger on a southern stage because someone calculated that the cheer would be louder than the cost.
Why this divides a people
Division is not produced only by the last war and not only by those who live outside the island. It is produced, week by week, by a politics that cannot address a crowd except through Sinhala, Tamil or Muslim injury. A politics of that kind is not representing a community. It is farming one. The young, who have no memory of the last bunker, inherit the quarrel instead of a country. Serving officers watch the treatment of their predecessors and the theatre of their politicians and draw a rational conclusion about what the country values. Families who lost their own to the LTTE hear “Tiger” cheered and conclude that their dead have been repriced. Families who lost their own to the State hear a pledge against racism and wait to see whether the pledge runs south as well as north.
That is how an interval is mistaken for peace. The guns are silent. The inventory is not. “Tiger” and “traitor”, “racist” and “patriot”, remain stock in trade. So long as those words pay, in applause, in airtime, in a complaint that wounds an opponent, someone will keep them in circulation. Professor Goonesekere’s warning sits exactly there. Leadership means going beyond rhetoric. The law is not written for those who already respect it. It is written for those who violate it. When violation carries no cost, the slogan itself becomes a form of impunity.
What civic reform would actually look like
The work is unglamorous, which is why it is avoided. First, equal enforcement. If the organisation is proscribed, the prohibition travels with the speaker. An SLPP stage in Anuradhapura and a commemoration in the North are not two legal systems. The CID complaint now on the file should be treated as a test of that rule, not as a trophy for whoever lodged it.
Second, an end to ethnic first-identity as an electoral method. A civic identity, Sri Lankan first, faith and language held without being turned into a passport, will not appear by exhortation. It appears when the dividend for division falls and the dividend for competence rises.
Third, a cost for lighting kindling. Heritage sites and religious places are not campaign props. Universities are not martyr calendars. Media that carry a charge must carry the correction. Records that hold an untested allegation must not shadow a working life after the allegation has failed.
Fourth, one standard for those who served the State and those who fought it. Wrongdoers on every side belong in a court, not in a diplomatic weather system and not in a rally chant. Collective punishment of a profession is not accountability. A cheer for a banned name is not unity. A slogan against racism is not a policy until it binds the speaker’s own side.
None of this requires a new brand of commission. It requires a State that stops allowing division to be a career. South Africa’s imperfect bargain at least tried to bind both sides inside one process. Colombia wrote one jurisdiction for guerrillas, paramilitaries and State forces. We have preferred two international ledgers and a third, domestic one on which the war is rented out by the evening. Last week’s scenes, a guarantee in Chavakachcheri, a cheer in Anuradhapura, a serious speech that must not be stolen, are not opposites. They are the same unfinished settlement, spoken in three registers.
The President’s sentence should be kept, and then made expensive to break. Professor Goonesekere’s standard should be kept, and then applied to those who clap for it. Racism will not be defeated by a rally, and a proscribed organisation will not be dissolved by a complaint. They will be reduced only when the State, and the parties that live off the State, stop treating the finished war as inventory. True national stability is not the memory of a victory. It is the construction of a civic order that no longer needs that victory to be refought, in Anuradhapura or in Geneva, in order for someone to remain relevant.
The writer is a retired Senior Superintendent of Police who served in intelligence and counter-terrorism. He is the author of Security Beyond Enforcement: Practical Approaches for a Safer Nation. This column is a stand-alone extension of an earlier argument on two standards in one conflict. Views expressed are his own.
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.
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