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Midweek Review

Missed opportunities!

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By Shamindra Ferdinando

UN Resident Coordinator in Colombo Hanna Singer-Hamdy paid a courtesy call on Defence Secretary (retd.) Gen. Kamal Gunaratne on Sept. 23 at the Defence Headquarters Complex, Sri Jayewardenepura, Kotte. The Egyptian was accompanied by the head of the United Nations Office on Drugs and Crime (UNODC) Alan Cole, formerly of the British Royal Navy.

The discussion covered Sri Lanka’s high profile ongoing campaign against narcotics trade and the government’s response to the raging Covid-19 epidemic.

A brief press release issued by Lt. Col. Nalin Herath, Officiating Director, Army Media Centre, in Sinhala, Tamil and English didn’t make reference to any other issue. Therefore, the writer rationally ascertained that no other matter had been taken up at the discussion.

Against the backdrop of the 48th session of the Geneva-based United Nations Human Rights Council (UNHRC) and the 76th session of the UNGA in New York, the Sri Lanka Podujana Peramuna (SLPP) government could have used the Sept. 23 meet to brief the UN Resident Coordinator Singer as regards the accountability process.

The Defence Secretary, on behalf of the government, could have handed over a comprehensive report to the top UN official in Sri Lanka, in response to one-sided and high-handed the war crimes agenda pursued by the UNHRC against the country. Unfortunately, the government didn’t. The failure on the part of the government to do so underscored the absence of a cohesive mechanism to counter the campaign targeting Sri Lanka. Shoddy handling of the accountability process is an affront to the war-winning military that sacrificed so much to fight and defeat, militarily, ‘the world’s worst terrorist outfit’. More than 12 years after the eradication of the Liberation Tigers of Tamil Eelam (LTTE), Sri Lanka remains under the UNHRC microscope, while many other countries, that caused death and misery to millions by launching false pretext wars or through illegal regime change actions are allowed to go scot-free.

For some strange reason, most probably for lack of competence at the Foreign Ministry, the government is reluctant to properly present Sri Lanka’s case before the international community. Let us hope that with Prof. G.L. Peiris, the eminent former law academic at the helm of the Foreign Ministry, we can mount a relentless diplomatic campaign to have the country cleared from such blatant accusations. In the process, it could even go to the extent of exposing, particularly our main accusers, who despite having plenty of innocent blood in their hands are pursuing this vendetta against us due to geo-political agendas.

The wartime General Officer Commanding (GoC) the elite 53 Division, the then Maj. Gen. Gunaratne could have meticulously briefed the UN Chief here, who, too, has had the audacity to make public comments on the country’s internal affairs and get away with such behaviour.

The author of ‘Road to Nanthikadal’, Gunaratne commanded one of the two fighting Divisions, the other being the 58 Division commanded by the present Army Commander, General Shavendra Silva, involved in the final phase of the offensive. It would be pertinent to mention that a battalion (4 Vijayabahu Infantry Regiment) that had been under the overall command of the then Maj. Gen. Gunaratne killed Prabhakaran. The 53 Division had been involved in the unprecedented Anandapuram battle (late March-early April 2009) along with 58 Division and Task Force 8 that dealt a massive blow to the LTTE.

Why didn’t the government exploit the Sept. 23 meet that took place the day after President Rajapaksa addressed the 76th session of the UNGA in New York?

Sri Lanka’s continuing failure to set the record straight should be examined taking into consideration UNHRC Chief Michelle Bachelet’s latest oral update on the situation in Sri Lanka (on Sept. 13), Foreign Minister Prof. G.L. Peiris’ response by Zoom to the former twice Chilean President Bachelet on the following day, President Rajapaksa’s meet with UNSG Antonio Guterres (on Sept. 19), President Rajapaksa’s address to the UNGA (Sept. 20) and three meetings Foreign Minister Prof. G.L. Peiris had with Commonwealth Secretary General Patricia Scotland, Australian Foreign Minister Marise Payne and Indian Foreign Minister Dr. S. Jaishankar also in New York.

The Defence Secretary is the ideal person to discuss the accountability issue. With Sri Lanka firmly on the UN agenda and the issue coming up for scrutiny once again at the 49th session in March 2022, the government cannot turn a blind eye to the developments taking place.

Vanni war compared with Ruwanda et al

Antonio Guterres’s predecessor, Ban Ki-moon once compared the Vanni offensive with that of Ruwanda and Serbia genocides in the 1990s. Gunaratne strongly disputed Ban Ki-moon’s comparison of Vanni offensive with clear cut cases of genocide in those two countries

South Korean Ki-moon played his part to facilitate the Western agenda in spite of his own mission in Colombo contradicting unsubstantiated accusations.

The government owed an explanation why absolutely no attempt was made in Geneva or New York to challenge the unsubstantiated war crimes allegations that paved the way for Western powers and other interested parties to place Sri Lanka on the Geneva agenda.

Instead of setting the record straight, President Rajapaksa assured his readiness to work with domestic stakeholders, international partners, UN, civil society and Tamil expatriate groups, whereas FM Peiris reiterated Sri Lanka’s commitment to some key provisions in the resolution co-sponsored by the then Yahapalana government in 2015 as fait accompli, while strongly rejecting external interventions.

In separate meetings with Aussie Foreign Minister Patricia, Scotland Marise Payne and Indian counterpart Dr. Jaishankar, Prof. Peiris explained ground realities and the hostile approach adopted by interested parties. Prof. Peiris also elucidated to Scotland the wrongness in replacing domestic accountability mechanisms with external bodies, particularly the ad-hoc mechanism approved at the 46th Geneva session.

 Bachelet declared in her Sept. 13 speech that the UNHRC was going ahead with the investigation. Sri Lanka shouldn’t expect Scotland to take a stand favourable to Sri Lanka, under any circumstances, as the organisation Bachelet leads conveniently turned a Nelsonian eye to Indian sponsored terrorism that ravaged Sri Lanka. Did Commonwealth ever take a stand on the destabilisation of the smaller neighbour by the Commonwealth giant?

Prof. G.L. Peiris told his Australian counterpart Marise Payne how Bachelet followed a policy extremely detrimental to Sri Lanka as regards the accountability process. A Foreign Ministry press release quoted Prof. Peiris as having told Payne: “….there is a need to allow local institutions the space and opportunity to carry out their mandates and the establishment of an ad-hoc external mechanism that overrides this work is unnecessary and detrimental. It is premature and inappropriate to have a mechanism selectively targeting Sri Lanka that goes against the very principles of the UN Charter.”

Australia is aware of the Geneva project meant to undermine Sri Lanka. Regardless of close bilateral relations between Australia and Sri Lanka, the former will abide by the US position vis-a-vis Sri Lanka. The Australian policy should be examined, keeping in mind its role in the US-led alliances against China and extremely close relationship between Sri Lanka and China, the emerging world power.

The surprise Australia, the UK and the US (AUKUS) alliance struck recently, at the expense of France, on supplying a nuclear powered submarine fleet to their colonial cousin Australia should be an example of the old adage that blood is thicker than water.

The new three nation Anglo-Saxon alliance suddenly arrayed against China should also serve as a warning to New Delhi that it is already an odd partner, though one of the earliest to sign up for Quad, comprising the US, Japan, India and Australia ranged against China. If they could ditch long standing European ally France without batting an eye lid, Delhi can imagine how they will treat her if they suddenly see India too as a rival like China.

French Foreign Minister Jan-Yves Le Drian went to the extent of alleging US President Joe Biden of stabbing France in the back.

“It’s really a stab in the back. We had established a relationship of trust with Australia, this trust has been betrayed”, Foreign Minister Jean-Yves Le Drian told France Info radio. “I’m very angry today, and bitter… this is not something allies do to each other”, he said, noting that Australia would now have to explain how it would exit the contract.

A lesson for France

So Sri Lanka should not depend on foreign powers, entirely. It would be Sri Lanka’s responsibility to present its case before the global community. Major Western powers will never take a stand in support of a smaller nation at the expense of their overall strategy and lucrative business interests, the only exception being the case of Israel. There cannot be a better example than Australia going back on an agreement with France for what it considered a much better arrangement for Canberra. Obviously, not only Biden but the British and Australian leaders, too, stabbed France in the back.

In his talks with Dr. Jaishankar, Prof. Peiris declared Sri Lanka couldn’t accept external mechanisms active on the ground whereas the Indian Minister underscored the need for a fair and just resolution of residual issues in the interest of both countries.

Sri Lanka seems trapped in the eneva machinations. India, too, should be wary as its much touted relationship with the US does not mean a thing if one examined the way the US, the British and Australians sprang quite a despicable surprise.

Hope the world hasn’t forgotten how the US discarded Pakistan after having used the country in its proxy war to oust the Soviet Union from Afghanistan and to intimidate India when it was seen as being in Soviet camp. New Delhi remained noncommittal regarding the Soviet invasion of Afghanistan.

In fact, Indian destabilisation of Sri Lanka, in the 80s, is in line with its overall strategy to counter domestic threats emanating from Tamil Nadu in the backdrop of perceived threat of Sri Lanka being a base for US-Israeli operations.

However, for want of cohesive policy Sri Lanka, at least after the end of the war hadn’t made a genuine effort to set the record straight.

Prof. Peiris during his interactions with foreign dignitaries, has quite clearly explained Sri Lanka’s refusal to accept external mechanisms. President Rajapaksa, too, stressed the importance of domestic mechanisms in achieving reconciliation. Both the President and the Foreign Minister declared Sri Lanka’s readiness to work with domestic stakeholders, including the civil society, Tamil expatriate groups, international partners and the UN to accomplish genuine peace.

Pompeo on Shavendra

However, the incumbent government has so far failed to question the very basis for domestic mechanisms set up by the previous government on the strength of unsubstantiated allegations. The government owed an urgent explanation. There cannot be any excuse for not presenting a proper defense on behalf of the war-winning armed forces. Commander of the Army Gen. Shavendra Silva remains blacklisted by the US on unsubstantiated allegations. Let me reproduce the former US Secretary of State Mike Pompeo declaration on Feb 14, 2020: “I am designating Shavendra Silva making him ineligible for entry into the U.S. due to his involvement in extrajudicial killings during Sri Lanka’s Civil War. The U.S. will not waver in its pursuit of accountability for those who commit war crimes and violate human rights.”

The US made the announcement after President Gotabaya Rajapaksa named Silva the Chief of Defence Staff (CDS). Another Gajaba Regiment veteran Chagie Gallage highlighted Sri Lanka’s pathetic failure to defend the military when he retired on August 31, 2018.

There had never been a previous instance of a senior officer in his farewell speech questioning the overall failure to counter the foreign project. This happened at Saliyapura, the famed Gajaba Regimental Headquarters.

He said: “Gajaba is engraved in golden letters in the annals of the Sri Lanka Army’s history, if not in the history of Sri Lanka … and I’m certain it will never be reversed by any. So, I’m happy to be retired being a tiny particle of that proud chapter of the history, though designated as a ‘War Criminal”.

About 10 months before Gallage’s retirement, Lord Naseby made a stunning revelation in the House of Lords. On the basis of hitherto confidential dispatches from the British High Commission in Colombo, during January-May 2009, the Conservative politician contradicted the very basis of the three-member Darusman report. This report, released on March 31, 2011, had been the primary reason for the 2015 accountability resolution that faulted the Sri Lanka Army.

The World War 11 fighter pilot fought a near three-year battle with the British administration to secure the confidential dispatches and was finally able to obtain a highly redacted version to contradict the lies in the second week of Oct 2017. Although the then Foreign Minister Tilak Marapana, PC, in his address to the UNHRC made a reference to Lord Naseby’s revelations, Sri Lanka has so far not requested Geneva to examine the British dispatches.

The author of British dispatches Lt. Col. Anthony Gash has never challenged the authenticity of heavily censored dispatches disclosed by Lord Naseby.

Sri Lanka earlier squandered a similar golden opportunity to make a strong case for a revisit of the Darusman report in June 2011. The then US Defence Advisor in Colombo Lt. Col. Lawrence Smith quite convincingly defended the Sri Lanka Army at the 2011 Colombo Defence Seminar. The American contradicted unsubstantiated allegations raised by a retired Indian Major General Ashok K. Metha, formerly of the IPKF. Lt. Col. Smith must have made that declaration, based on information available to the US Embassy in Colombo as well as other dispatches from our war zone. And most importantly, the American officer made the declaration within three months after the releasing of the Darusman report. Sri Lanka is yet to use British and American dispatches in her defence.

Western powers continue to harass Sri Lanka on the basis of unsubstantiated war crimes accusations. Bachelet’s move to further investigate Sri Lanka should be challenged as the previous accusations that led to the 2015 Geneva resolution remained uninvestigated.

According to the Darusman report (paragraph 23: Confidentiality of the Panel’s records), the accusations cannot be examined till 2031. This strange stipulation has a further clause stating that the time bar could be extended for a further period. We must be the only country not allowed to see our accusers or the case against us for so long! But, successive governments never took the entire gamut of issues into consideration before making representations on behalf of the country. The incumbent SLPP is no exception. In spite of repeated vows to defend the armed forces, the SLPP had pathetically failed in its duty and responsibility.

Predicament of former SLAF Chief

As a result of sheer negligence, Sri Lanka has ended up being categorised as a perpetrator of war crimes, and those who had fought for the country are targeted. There cannot be a better example than Air Marshal Sumangala Dias who suffered due to Sri Lanka’s failure. Canada refused to accept Dias as Sri Lanka’s High Commissioner though the former Sri Lanka Air Force Commander is not under human rights scrutiny. Subsequently, the government proposed Dias as Sri Lanka’s Ambassador to Italy. However, we are yet unaware of Italy’s position. Italy as a member state of the EU, pursuing war crimes accusations against Sri Lanka, may not accept the retired SLAF Chief.

Prominent civil society activist Harsha Kumara Navaratne has quit the Human Rights Commission to take over the country’s mission in Ottawa. The former head of the NGO Seva Lanka, with his experience with the HRC, hopefully would be able to improve Sri Lanka’s image in Canada. The decision to name former minister Mahinda Samarasinghe as Sri Lanka’s Ambassador in Washington, too, is an interesting development. Samarasinghe handled human rights and related matters during Mahinda Rajapaksa’s presidency and was part of Sri Lanka’s delegation to Geneva. Perhaps the government expects missions in Washington (non- career diplomat), Ottawa (non- career diplomat) and London manned by career diplomat Saroja Sirisena to improve the ground situation. New Delhi should be part of the operation. Milinda Moragoda, who had served Ranil Wickremesinghe’s government as a Cabinet minister before switching allegiance to Mahinda Rajapaksa, recently took over the New Delhi mission. So, we now have two former ministers as heads of missions in New Delhi and Washington and prominent civil society activist in Ottawa.

Samarasinghe last served as the Ports and Shipping Minister. Having succeeded Arjuna Ranatunga (UNP), Samarasinghe, who represented the SLFP at that time, signed the 99-year-lease on the Hambantota port. Navaratne quit Seva Lanka chairmanship last month having disengaged from the NGO’s activity, beginning January this year. Navaratne’s appointment is in line with the government entering into a dialogue with the local civil society as well as President Gotabaya Rakapaksa’s declaration in New York his readiness to talk with Tamil expatriate groups. Whatever, the SLPP government does, it should set up a mechanism, without further delay, to counter those propagating lies in support of the Geneva project.

A role for ex-CNI

Perhaps former Chief of National Intelligence (CNI), Maj. Gen. Kapila Hendavitharana can be engaged to work out a proper strategy. Intelligence veteran Hendavitharana can be part of a special team assigned to build a strong case on behalf of the country on the basis of available information.

The information unintentionally made available by those pursuing war crimes probe can be quite useful to Sri Lanka as they are astonishing. Let there be a meticulous study of statements, accusations, documents and reports pertaining to accountability issues. Bachelet rushing to accuse the Sri Lanka Army of being responsible for so-called mass graves in Mannar, discovered in 2019, exposed the irresponsible conduct of the Geneva body, when a reputed US lab determined that those remains belonged to the colonial era.

Bachelet obviously acted on information provided by some Colombo-based diplomatic missions. There is no doubt that the British HC and the German Embassy in Colombo (both members of the self-appointed Sri Lanka Core Group in Geneva) influenced Bachel’s decision.

Due to petty political backbiting, Sri Lanka then lacked the political will to expose the Geneva project. As the simmering controversy over Mannar mass graves erupted during the yahapalana administration, the Foreign Ministry conveniently remained silent. That was nothing but treacherous behaviour and the Ministry, as one of the most important institutions, should be ashamed.

Sri Lanka didn’t have the guts to use Bachelet’s irresponsible conduct to challenge the overall process. Had there been a proper review of facts, since the change of government in Nov 2019, Gen. Gunaratne could have exploited his meeting with Hanaa Singer-Hamdy.



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Midweek Review

BASL fears next set of civil society representatives might be rubber stamps of NPP

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A group of officials from National Audit Office of Sri Lanka attend a capacity building programme in India

CC in dilemma over filling impending vacancies

Sajith Premadasa

Amidst a simmering row over the controversial move to have Deshabandu Tennakoon as the IGP at the time of crucial presidential election, Opposition Leader Sajith Premadasa alleged: “The Speaker sent a letter to the President, recommending the appointment of Deshabandu Tennakoon as IGP. He distorted the Constitutional Council ruling by interpreting the two abstaining votes of civil society members as votes against Deshabandu and used his casting vote to recommend Deshabandu as the Constitutional Council decision. It is on the basis of the Speaker’s letter that the President made the appointment. The Speaker has blatantly violated the Constitution

.”

Speculation is rife about a possible attempt by the ruling National People’s Power (NPP) to take control of the 10-member Constitutional Council (CC). The only way to take command of the CC is to appoint those willing to pursue the NPP agenda as civil society representatives.

Against the backdrop of the NPP’s failure to obtain CC’s approval to finalise the appointment of the Auditor General, the government seems hell-bent on taking control of it. Civil society representatives, namely Dr. Prathap Ramanujam, Dr. (Mrs.) Dilkushi Anula Wijesundere and Dr. (Mrs.) Weligama Vidana Arachchige Dinesha Samararatne, whose tenure is coming to an end in January, blocked President Anura Kumara Dissanayake’s nominee receiving the AG’s position. They took a courageous stand in the greater interest of the nation.

Chulantha Wickramaratne, who served as AG for a period of six years, retired in April 2025. Following his retirement, President Anura Kumara Dissanayake first nominated H.T.P. Chandana, an audit officer at the Ceylon Petroleum Corporation. The CC rejected the nomination. Subsequently, President Dissanayake appointed the next senior-most official at the National Audit Office (NAO) Dharmapala Gammanpila, as Acting Auditor General for six months. Then, the President nominated Senior Deputy Auditor General L.S.I. Jayarathne to serve in an acting capacity, but her nomination, too, was also rejected.

Many an eyebrow was raised when the President nominated O.R. Rajasinghe, the Internal Audit Director of the Sri Lanka Army, for the top post. As a result, the vital position remains vacant since 07 December. Obviously the overzealous President does not take ‘No’ for an answer when filling key independent positions with his minions

The Bar Association of Sri Lanka (BASL) in a letter dated 22 December, addressed to President Dissanayake, who is the leader of the NPP and the JVP, Prime Minister Dr. Harini Amarasuriya, Speaker Dr. Jagath Wickremaratne and Opposition Leader Sajith Premadasa emphasised their collective responsibility in ensuring transparency in the appointment of civil society representatives.

Cabinet spokesperson and Health and Media Minister, Dr. Nalinda Jayatissa, is on record as having emphasised the urgent need to finalise the appointment. Minister Jayatissa alleged, at the post-Cabinet media briefing, that the President’s nominations had been rejected without giving explanation by certain members, including three representatives of civil society.

Parliament, on 18 January, 2023, approved the former Ministry Secretary Dr. Ramanujam, former Chairperson of the Sri Lanka Medical Association Dr. Wijesundere, and Dr. Samararatne of the University of Colombo as civil society representatives to the CC.

They were the first post-Aragalaya civil society members of the CC. The current CC was introduced by the 21 Amendment to the Constitution which was endorsed on 31st of October, 2022, during a time of grave uncertainty. UNP leader Ranil Wickremesinghe, who had been elected by the SLPP to complete the remainder of ousted President Gotabaya Rajapaksa’s five-year term, sought to manipulate the CC. Wickremesinghe received the SLPP’s backing though they fell out later.

During Wickremesinghe’s tenure as the President, civil society representatives earned the wrath of the then Rajapaksa-Wickremesinghe government by refusing to back Deshabandu Tennakoon’s appointment as the IGP. The then Speaker Mahinda Yapa Abeywardena was accused of manipulating CC’s ruling in respect of Deshabandu Tennakoon to suit Wickremesinghe’s agenda.

Amidst a simmering row over the controversial move to have Deshabandu Tennakoon as the IGP, at the time of crucial presidential election, Opposition Leader Sajith Premadasa alleged: “The Speaker sent a letter to the President, recommending the appointment of Deshabandu Tennakoon as IGP. He distorted the Constitutional Council ruling by interpreting the two abstaining votes of civil society members as votes against Deshabandu and used his casting vote to recommend Deshabandu as the Constitutional Council decision. It is on the basis of the Speaker’s letter that the President made the appointment. The Speaker has blatantly violated the Constitution.”

The NPP realises the urgent need to neutralise the CC. The composition of the CC does not give the Opposition an opportunity to challenge the government if the next three civil society representatives succumb to political pressure. The Speaker is the Chairman of the CC. The present composition of the Constitutional Council is as follows: Speaker (Dr) Jagath Wickramaratne, ex-officio, PM (Dr) Harini Amarasuriya, ex-officio, Leader of the Opposition Sajith Premadasa, ex-officio, Bimal Rathnayake, Aboobucker Athambawa, Ajith P. Perera, Sivagnanam Shritharan, Dr Prathap Ramanujam, Dr Dilkushi Anula Wijesundere and Dr Dinesha Samararatne.

In terms of Article 41E of the Constitution, the CC meets at least twice every month, and may meet as often as may be necessary.

The failure on the part of the NPP to take over Office of the AG must have compelled them to explore ways and means of somehow bringing CC under its influence. The end of the current civil society members’ term, has given the government a chance to fill the vacancies with henchmen.

BASL’s letters that dealt with the appointment of civil society representatives to the CC and the failure to appoint AG, both dated 22 December, paint a bleak picture of the NPP that throughout the presidential and parliamentary polls last year assured the country of a system change. The NPP’s strategy in respect of filling the AG’s vacancy and possible bid to manipulate the CC through the appointment of civil society representatives reminds us of the despicable manipulations undertaken by previous governments.

An appeal to goverment

BASL seems convinced that the NPP would make an attempt to appoint its own to the CC. BASL has urged the government to consult civil society and professional bodies, including them, regarding the forthcoming vacancies in the CC. It would be interesting to examine the NPP’s strategy as civil society, too, would face daunting challenges in choosing representatives.

Civil society representatives are nominated by the Speaker by agreement of the Prime Minister and the Leader of the Opposition.

If consensus cannot be reached swiftly, it would cause further political turmoil at a time the country is experiencing an unexpected burden of dealing with the post-Cyclone Ditwah recovery process.

The term of non-ex-officio members of the Council is three years from the date of appointment. In terms of the Constitution, the civil society representatives should be persons of eminence and integrity who have distinguished themselves in public or professional life and who are not members of any political party. Their nominations should be approved by Parliament.

In spite of the NPP having an absolute 2/3 majority in Parliament, the ruling party is under pressure. The composition of the CC is a big headache for NPP leaders struggling to cope up with rising dissent over a spate of wrongdoings and a plethora of broken promises. The furore over the inordinate delay in finalising AG’s appointment has made matters worse, particularly against the backdrop of the BASL, Transparency International Sri Lanka Chapter and Committee on Public Finance, taking a common stand.

Having been part of the clandestine regime change project in 2022; Western powers and India cannot turn a blind eye to what is going on. Some Colombo-based foreign envoys believe that there is no alternative to the NPP and the government should be given the opportunity to proceed with its action plan. The uncompromising stand taken by the NPP with regard to the appointment of permanent AG has exposed the ruling party.

In the wake of ongoing controversy over the appointment of the AG, the NPP’s integrity and its much-touted vow to tackle waste, corruption, irregularities and mismanagement seems hollow.

The government bigwigs must realise that appointment of those who campaigned for the party at the presidential and parliamentary polls caused deterioration of public confidence. The appointment of ex-top cops Sharnie Abeysekera and Ravi Seneviratne with black marks as Director, CID and Secretary to the Ministry of Public Security and Parliamentary Affairs, eroded public confidence in the NPP administration.

A vital role for CC

The SLPP, reduced to just three lawmakers in the current Parliament, resented the CC. Having secured a near 2/3 majority in the House at the 2020 Parliamentary election, the SLPP made its move against the CC, in a strategy that was meant to strengthen President Gotabaya Rajapaksa’s hands at the expense of Parliament. Introduced in 2001 during Chandrika Bandaranaike Kumaratunga’s presidency, the 17th Amendment paved the way for the establishment of the CC. Those who wielded political power subjected the CC to critical changes through 18th, 19th and 20th amendments. Of them, perhaps, the 20th Amendment to the Constitution that had been passed in October 2020 is the worst. The SLPP replaced the CC with a Parliamentary Council. That project was meant to consolidate power in the Executive President, thereby allowing the appointment of key officials, like judges, the Attorney General, and heads of independent commissions.

People may have now forgotten the 20th Amendment removed civil society representatives from the so-called Parliamentary Council consisting of lawmakers who represented the interests of the government and the main Opposition. But such manipulations failed to neutralise the challenge (read Aragalaya) backed by external powers. The role played by the US and India in that project has been established and there cannot be any dispute over their intervention that forced Gotabaya Rajapaksa to flee the country.

Interestingly, Ranil Wickremesinghe, who had been picked by the SLPP to complete the remainder of Gotabaya Rajapaksa’s term, restored the CC through the passage of 21 Amendment on 31 October, 2022. Unfortunately, the NPP now wants to manipulate the CC by packing it with those willing to abide by its agenda.

It would be pertinent to mention that the 20th Amendment was aimed at neutralising dissent at any level. Those who formulated that piece of legislation went to the extent of proposing that the President could sack members appointed to the Parliamentary Council by the Prime Minister and the Opposition Leader without consulting anyone.

If not for the Aragalaya, the Parliamentary Council that didn’t serve any meaningful purpose could have paved the way for the President to fill all key positions with his nominees.

Recommendation of nominations to the President for the appointment of Chairpersons and Members of Commissions specified in the Schedule to Article 41B of the Constitution.

Commissions specified in the Schedule to Article 41B: The Election Commission, the Public Service Commission, the National Police Commission, the Audit Service Commission, the Human Rights Commission of Sri Lanka, the Commission to Investigate Allegations of Bribery or Corruption, the Finance Commission, the Delimitation Commission and the National Procurement Commission.

Approval/ Disapproval of recommendations by the President for the appointment to the Offices specified in the Schedule to Article 41C of the Constitution.

Offices specified in the Schedule to Article 41C: The Chief Justice and the Judges of the Supreme Court, the President and the Judges of the Court of Appeal, the Members of the Judicial Service Commission, other than the Chairman, the Attorney-General, the Governor of the Central Bank of Sri Lanka, the Auditor-General, the Inspector-General of Police, the Parliamentary Commissioner for Administration (Ombudsman) and the Secretary-General of Parliament.

NPP under pressure

In spite of having the executive presidency, a 2/3 majority in the legislature, and the bulk of Local Government authorities under its control, the NPP is under pressure. Their failure to muster sufficient support among the members of the Colombo Municipal Council (CMC) to pass its 2026 Budget underscored the gravity of the developing situation. The unexpected loss suffered at the CMC shook the ruling party.

But, the NPP faces a far bigger challenge in filling the AG’s vacancy as well as the new composition of the CC. If the NPP succeeds with its efforts to replace the current civil society representatives with rubber stamps, the ruling party may feel vindicated but such feelings are likely to be short-lived.

Having criticised the government over both contentious matters, the BASL may be forced to step up pressure on the government unless they can reach a consensus. It would be really interesting to know whether the government accepted the BASL’s request for consultations with the stakeholders. Unless consensus can be reached between the warring parties there is possibility of opening of a new front with the BASL and civil society being compelled to take a common stand against the government.

The developing scenario should be examined taking into consideration political parties and civil society confronting the government over the proposed Protection of the State from Terrorism Act (PSTA). Having promised to do away with the Prevention of Terrorism Act (PTA) in the run up to the presidential election, the NPP is trying to explain that it cannot do without anti-terrorism law. The civil society is deeply unhappy over the NPP’s change of heart.

The National Peace Council (NPP) that has been generally supportive and appreciative of the NPP’s efforts probably with the blessings of its benefactors in the West, too, has now found fault with the proposed PSTA. Dr. Jehan Perera, NPP’s Executive Director commented: “A preliminary review of the draft PSTA indicates that it retains core features of the PTA that have enabled serious abuse over decades. These include provisions permitting detention for up to two years without a person being charged before a court of law. In addition, the broad definition of terrorism under the draft law allows acts of dissent and civil disobedience to be labelled as terrorism, thereby permitting disproportionate and excessive responses by the state. Such provisions replicate the logic of the PTA rather than mark a clear break from it.”

Except the BASL, other professional bodies and political parties haven’t commented on the developing situation at the CC while taking into consideration the delay in appointing an AG. The issue at hand is whether the government intends to hold up AG’s appointment till the change of the CC’s composition in its favour. Whatever the specific reasons, a country that has suffered for want of accountability and transparency, enters 2026 without such an important person to guard against all types of financial shenanigans in the state.

All previous governments sought to influence the Office of the AG. The proposed establishment of NAO prompted the powers that be to undermine the effort. The Yahapalana administration diluted the National Audit Bill and what had been endorsed as National Audit Act, Nov. 19 of 2018 was definitely not the anti-corruption grouping originally proposed. That Act was amended this year but the Office of the AG remains vacant.

The NPP has caused itself immense harm by failing to reach consensus with the CC on filling the AG’s post. Unfortunately, the ruling party seems to be uninterested in addressing the issue expeditiously but is exploring the possibility of taking over control of the CC by stuffing it with civil society members favourable to the current ruling clique.

By Shamindra Ferdinando

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Midweek Review

Towards Decolonizing Social Sciences and Humanities

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‘Can Asians Think?’

I want to initiate this essay with several questions. That is, are we, in Sri Lanka and in our region, intellectually subservient to what is often referred to as the ‘West’? Specifically, can knowledge production in broad disciplinary areas such as social sciences and humanities be more creative, original and generated in response to local conditions and histories, particularly when it comes to practices such as formulating philosophy and theory as well as concepts and approaches? Why have we so far imported these from Western Europe and North America as has been the undisputed norm?

In exploring the responses and delving into this discussion, I will seek reference from the politics of the recently published book, Decolonial Keywords: South Asian Thoughts and Attitudes edited by Renny Thomas from the Department of Humanities and Social Sciences at the Indian Institute of Science Education and Research – Bhopal and me. The book was brought out by Delhi-based Tulika Publishers in December 2025.

Let me first unpack my anxiety over theory and philosophy, which I have talked about many times previously too. Any social science or humanities text we read here or elsewhere in South Asia invariably borrows concepts, theories and philosophical input generated mostly in Western Europe and North America. It almost appears as if our region is incapable of serious and abstract thinking.  It is in this same context, but specifically with reference to India that Prathama Banerjee, Aditya Nigam and Rakesh Pandey have observed in their critical essay, ‘The Work of Theory Thinking across Traditions’ (2016), that for many “theory appears as a ready-made body of philosophical thought, produced in the West …” They argue, “the more theory-inclined among us simply pick the latest theory off-the-shelf and ‘apply’ it to our context, notwithstanding its provincial European origin, for we believe that ‘theory’ is by definition universal.”

Here, Banerjee et al make two important points. That is, there is an almost universal acceptability in the region that ‘theory’ is a kind of philosophical work that is exclusively produced in the West, followed by an almost blind and unreflective readiness among many of us to simply apply these ideas to local contexts. In doing so, they fail to take into serious consideration the initial temporal and historical contexts in which these bodies of knowledge were generated.  However, theory or philosophy is not universal.

This knowledge is contextually linked to very specific social, political and historical conditions that allowed such knowledge to emanate in the first place. It therefore stands to reason that such knowledge cannot be applied haphazardly/ willy-nilly anywhere in the world without grave consequences.  Of course, some ideas can be of universal validity as long as they are carefully placed in context. But to perceive theory or philosophy as all-weather universals is patently false even though this is the way they are often understood from universities to segments within society in general.  This naiveté is part of the legacy of colonialism from which these disciplines as well as much of their theoretical and philosophical structures have been bequeathed to us.

It is in this context that I would like to discuss the politics our book, Decolonial Keywords: South Asian Thoughts and Attitudes entail. Here, thirty South Asian scholars from across disciplines in social sciences and humanities have come together to “discuss words and ideas from a variety of regional languages, ranging from Sinhala to Hebrew Malayalam” encapsulating “the region’s languages and its vast cultural landscape, crossing national borders.” To be more specific, these languages include Assamese,  Arabic-Malayalam, Bengali, Hebrew Malayalam, Hindi, Nepali, Sanskrit, Sinhala, South Asian uses of English, Tamil-Arabic, Tamil, Urdu and concepts from indigenous languages of Nagaland and Arunachal Pradesh.

Each chapter, focuses on a selected word and “reiterates specific attitudes, ways of seeing and methods of doing that are embedded in the historical and contemporary experiences of the region” keeping in mind “the contexts of their production and how their meanings might have changed at different historical moments.”

In this exploration, the volume attempts to understand “if these words and concepts can infuse a certain intellectual rigour into reinventing social sciences and humanities in the region and beyond.” In short, what we have attempted is to offer a point of departure to a comprehensive and culturally, linguistically and politically inclusive effort at theory-building and conceptual fine-tuning based on South Asian experiences and histories.  We assume these concepts from our region might be able to speak to the world in the same way schools of thought in politically dominant regions of the world have done so far to us. This is a matter of decolonizing our disciplines. But it is still not a claim for universality. After all, our main focus is to come up with a body of conceptual categories that might be useful in reading the region.

When Sri Lankan social sciences and humanities as well as the same disciplines elsewhere in the region thoughtlessly embrace knowledges imported in conditions of unequal power relations, it can never produce forums for discourse from which we can speak to the world with authority.  In this book, Thomas and I have attempted, as an initial and self-conscious effort, to flip the script on theory-building and conceptualization in social sciences and humanities in South Asia in the region’s favour.

We are however mindful that this effort has its risks, intellectually speaking.  That is, we are conscious this effort must be undertaken without succumbing to crude and parochial forms of nativism that are also politically powerful in the region including in Sri Lanka and India. This book presents an array of possibilities if we are serious about decolonizing our social sciences and humanities to infuse power into the discourses we generate and take them to the world instead of celebrating our parochiality like the proverbial frog in the well. Unfortunately, more often than not, we are trained to be intellectually subservient, and mere followers, not innovators and leaders bringing to mind the polemical title of Kishore Mahbubani’s 2002 book, Can Asians Think?

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Midweek Review

The ever-changing river: Chandana Ruwan Jayanetti’s evolving poetic voice

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Poems from Galle , by Chandana Ruwan Jayanetti, was launched on December 20 at Dakshinapaya, the auditorium of the Chief Ministry of the Southern Provincial Council, Labuduwa, Galle. Head table at the launch (from left): author Jayanetti; Minister of Buddhasasana, Religious and Cultural Affairs Dr. Hiniduma Sunil Senevi; Emeritus Professor Rajiva Wijesinha; and renowned poet, lyricist, and literary figure Dr. Rathna Sri Wijesinghe.

It is said that no man steps into the same river twice, for it is not the same river, and he is not the same man. These words came to mind upon reading Chandana Ruwan Jayanetti’s latest poetry collection, Poems from Galle, which inevitably invites comparison with his earlier work, particularly his first volume of poetry and prose, Reflections in Loneliness: A Collection of Poems and Prose (2015).

In this new collection, Jayanetti is demonstrably not the same poet he was a decade ago. His horizons have widened. his subject matter has diversified, and his thematic range has deepened. The earlier hallmarks of his work, including his empathetic attention to human experience, sensitivity to the natural world, and intimate, reflective tone, remain present. Yet they are now complemented by a stronger defiance, a more deliberate engagement with the political and the cosmic, and a broader mosaic of local and universal concerns. His poetic voice has evolved in scope, tonal range, and thematic ambition.

My own acquaintance with Jayanetti’s poetry dates back to our undergraduate days at Sabaragamuwa University of Sri Lanka, where we were classmates pursuing a BA in Languages (English Special). Even then, his work revealed precise observational skill coupled with profound sympathy for individuals. This early sensibility found fuller articulation in Reflections in Loneliness, a collection spanning nearly two decades of creative endeavor.

That inaugural volume traversed a wide thematic landscape: childhood memories; tender compassion toward humans and animals; tributes to the deserving; the joys and sorrows of young love; and reflections on Sri Lanka’s three-decade Northeast conflict, which concluded in 2009. Jayanetti’s verse, written with sincerity and empathy, moves fluidly from deeply personal to universally human. Moments of striking poignancy include the loss of his wife’s mother, the death of a young friend who marched unflinchingly to the warfront, and the bittersweet parting from a lover.

The prose section of Reflections in Loneliness offered a return to the rural simplicity of the 1970s and ’80s through the perspective of a schoolboy. Essays such as We Buy a Bicycle, Television Descends, The Village Goes to the Fair, Bathing Excursions and Hingurakanda evoke a bygone era with unvarnished authenticity. As literary critic Kamala Wijeratne noted, Jayanetti’s prose merited commendation for its perceptive and affectionate portrayal of rural life, written with the authority of lived experience. His meticulous attention to minute details revealed not only the flaws and frailties of human nature but also its loyalties and quiet virtues, articulated with unforced sympathy.

Consisting of 31 poems and five prose pieces, Reflections in Loneliness established Jayanetti as a writer of elegance, precision, and emotional depth. The current collection, however, confirms the Heraclitean and Buddhist insights: both the poet and his poetry have changed. The new work reflects an expansion from the personal to the cosmic, from the intimately local to the globally resonant, a testament to an artist in motion, carried forward by the ever-changing current of his creative life.

Jayanetti’s poetic corpus in the new book Poems from Galle, spanning thirty-five evocative works from They Heard the Cock Crow to A Birthday Celebration, reveals a profound and consistent artistic signature rooted in themes of humanity, nature, history, and social consciousness. Throughout these poems, Jayanetti demonstrates a distinctive voice that is simultaneously empathetic, contemplative, and alert to the complexities of his Sri Lankan heritage and the broader human condition. While maintaining a core of thematic and tonal consistency, each poem enriches this foundation by expanding into new dimensions of experience, whether personal, ecological, political, or historical.

A foundational element of Jayanetti’s poetry is the intimate relationship between humans and nature, frequently underscored by a deep ethical awareness. In poems like From a Herdman’s Life and My Neighbor, he gives voice to the quiet dignity of rural existence and animal companionship, portraying a symbiotic bond imbued with mutual care and respect. Similarly, Fallen Elephant and Inhumanity lament the cruelty inflicted upon majestic creatures, indicting human greed and violence. These poems articulate not only empathy for the natural world but also an implicit call for stewardship, threading a moral sensibility throughout the collection.

This concern extends to the socio-political sphere, as Jayanetti often situates his poems within the fraught realities of Sri Lanka’s history and struggles. Homage to Sir Henry Pedris honors a national martyr, while Confession of a Sri Lankan Cop exposes institutional corruption and personal integrity in tension. Hanuma Wannama and Gone Are They tackle political violence and social upheaval, reflecting the poet’s engagement with national trauma and collective memory. These works enrich the thematic landscape by connecting personal narrative to larger historical forces.

Jayanetti’s choice of subjects is remarkably diverse yet unified by a focus on lived experience—ranging from the intimate (To a Puppy That Departed, Benji) to the grand (Mekong, A Voyage). The poet’s attention to place, whether the Sri Lankan cityscape in City Morning and Evening from the College Terrace or the historic Ode to Galle Fort, anchors his work in locality while evoking universal themes of time, change, and belonging. Even poems centered on seemingly mundane moments, such as Staff Meeting or A Game, are elevated by the poet’s keen observational eye and capacity to find meaning in everyday rituals.

Moreover, Jayanetti often draws from historical and cultural memory, as seen in Ludowyk Remembered, Let Ho Chi Minh Guide You, and Rathna Sri Remembered, positioning his poetry as a dialogue between past and present. This choice expands his thematic range to include legacy, identity, and the power of remembrance, linking the individual to the collective consciousness.

Across the collection, Jayanetti’s tone is marked by a blend of gentle empathy and quiet strength. Poems such as A Companion Departed and To a Puppy That Departed convey tenderness and mourning with understated poignancy. His voice is intimate and accessible, inviting readers into personal reflections suffused with emotional depth.

Yet, this empathy is balanced by moments of stark realism and defiance.

In Corona and Hanuma Wannama, the tone shifts to urgent and accusatory, critiquing social injustice and political decay. A Ship Weeps mourns environmental devastation with an elegiac voice that is both sorrowful and admonitory. This tonal range reveals a poet capable of both consolation and confrontation, who embraces complexity rather than sentimentality.

While many poems explore specific moments or relationships, others invite contemplation on broader existential and cosmic themes. For instance, A Voyage and Mekong traverse spatial and temporal boundaries, evoking the interplay between human journeys and natural cycles. A Birthday Celebration reflects on legacy, learning, and the continuum of knowledge, blending personal homage with universal insight.

Even poems like A Bond and A Game gesture toward symbolic resonance, the former exploring interspecies loyalty as a metaphor for fidelity and duty, the latter invoking sport as a microcosm of life’s challenges and hopes. These works demonstrate Jayanetti’s ability to expand familiar motifs into metaphoric and philosophical territory, enriching his poetic landscape.

Jayanetti’s thirty-five poems in Poems from Galle collectively reveal a consistent and compelling artistic signature that intertwines compassionate engagement with nature and society, a profound sense of place, and an acute awareness of history and memory. His voice navigates seamlessly between moments of intimate reflection and urgent social commentary, creating a poetic landscape that resonates with both specificity and universality.

Each poem adds a distinct dimension to this mosaic. Historical and political awareness emerges strongly in poems like Let Ho Chi Minh Guide You and Homage to Sir Henry Pedris, where the sacrifices of national heroes and struggles for justice are evoked with reverence and clarity. Meanwhile, environmental consciousness is vividly articulated in works such as Abandoned Chena, Kottawa Forest, and Fallen Elephant, where the fragility of ecosystems and the human impact on nature are poignantly explored.

Jayanetti also delves deeply into themes of personal loss and companionship in poems like Benji, A Companion Departed, and In Memory of Brownie, tenderly capturing the bond between humans and animals. Poems like Confession of a Sri Lankan Cop and Hanuma Wannama offer raw social critique, revealing layers of political and moral complexity.

Through this interplay of historical, environmental, personal, and political themes, Jayanetti constructs a body of work that is distinctly Sri Lankan in its cultural and geographical grounding yet profoundly universal in its exploration of human experience. His poetry invites readers to reflect on the interconnected fates of humans, animals, and the natural world, urging a deeper awareness of our shared existence and responsibilities.

by Saman Indrajith

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