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New laws by govt. without legitimacy require more consensus

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by Jehan Perera

The government is proceeding at speed on its course of legislative activism with regard to economic, reconciliation and security matters. Its ability to do so comes from its majority in parliament. Due to this majority in parliament won at the general elections of 2020, the government is in a position to get its way. However, the government’s legitimacy and moral right to rule and make such reforms has been in question after the economy was brought to its knees in 2021 by the misguided policies of the previous government, and government leaders had to resign from office or flee their homes. In the context of the second world war, the Soviet leader Josef Stalin was said to have asked how many divisions did the Pope have. The reality is that the power of the present government depends on its legal power, not moral power. The present tendencies nearly everywhere in the world is that the sword is mightier than the pen.

These days it seems that morality and power are often taken to be opposites, with morality grounded in the common good, and power located in self-interest. The government’s legal power to rule will remain unchallenged so long as elections are postponed as they have been or not held at all as quite often speculated. Among the new laws that the government is rushing through parliament are ones that will strengthen the coercive arms of the state and make it costly for people to protest against it. Heading this list of laws is the Anti-Terrorism Bill, which makes a wide range of actions, including media freedom and economic strike actions, liable to fall within the domain of terrorism. Not far behind are repressive laws such as the Online Safety Bill, which is being justified by government leaders as intended to protect women and children from intrusive social media, but which will impact on freedom of speech and expression on social media.

The case of another new law that has been gazetted and will be taken up in parliament in the coming weeks is the Truth, Unity and Reconciliation Commission. The objective of this institution would be to promote reconciliation. The participation of opposition political parties, especially the ethnic and religious minority parties is extremely important when it comes to reconciliation. Or else it is like clapping with one hand. It is also a matter for concern that the draft law with respect to the Truth, Unity and Reconciliation Commission (TURC) has been prepared and gazetted even before the submission of the report of the Presidential Commission of Inquiry to investigate the findings of preceding Commissions and Committees headed by Justice A H M D Nawaz.

MINIMAL CONSULTATIONS

In the synopsis of the Nawaz Commission report issued in February last year, the Commissioners referred to a Truth and Reconciliation Commission of Sri Lanka and stated that the contours of the commission would be set out in due course when the Final Report was submitted. The government’s urgency in rushing through with the law pertaining to the TURC, without even waiting for the Nawaz Commission to submit its report, and with only minimal consultation with opposition political parties and civil society suggests a motivation that goes beyond reconciliation. There seems to be a desire to obtain the support of the international community by producing the TURC law, even though it may not have the support from the aggrieved ethnic and religious minorities for whom it is meant.

This week the government will be taking up the ONUR bill for debate after which it will be enacted as law. The bill proposes to establish an Office for National Unity and Reconciliation which can play a role in coordinating all reconciliation matters taken up by the government. There are commendable objectives outlined in the ONUR bill, such as promoting national unity and peaceful coexistence, which require dialogue and negotiation among representatives of diverse communities in Sri Lanka, both in civil and political societies. Unfortunately, as in the case of the Truth, Unity and Reconciliation Commission (TURC) there has been little or no effort to engage in public discussion on it regarding its content or to educate the general public about the need for it.

There are three problem areas that need to be addressed in the ONUR bill. Appointments to the ONUR Board would be appointments by the Minister under whose purview the institution comes. The minister is empowered to recommend the appointment of 11 members who will have terms of 3 years, while the chairperson has no time limit, which is inadvisable. There is a need for a more multi-partisan method of appointments to ensure that those appointed represent the diversity of ethnic and religious groups and socio-cultural interests. It is reported that a committee stage amendment has been proposed for appointment of these members to be done by the Constitutional Council which is to be welcomed.

WHITE ELEPHANTS

ONUR is expected to play a central role in the national reconciliation process that brings together all the independent reconciliation mechanisms. Therefore, it would be advisable that appointments to the ONUR board should include ex-officio representatives from the Office of Missing Persons, Office of Reparations, NGO Secretariat and the Truth, Unity and Reconciliation Commission which is soon to be established. This will ensure that all the reconciliation institutions share a common vision and are informed of the work that is being done by each of them. There is also a need to ensure representation from civil society to ensure that the perspectives of affected communities and victims are considered and acted upon.

The role given to ONUR to be prescriptive vis a vis civil society by virtue of the power “to guide and facilitate peace and reconciliation programmes conducted by local organisations including community based organisations” is a third concern. This authority to monitor and review the work of civil society raises concerns about the prospect of government heavy-handedness in the context of the possible politicisation for narrow and partisan purposes of national reconciliation policy and actions. The new law needs to be clear that the government will not direct civil society to follow its guidelines, but can “assist and facilitate” them to do so. National reconciliation cannot be enforced from the top down. It needs to be a voluntary process involving all ethnic and religious communities.

There is a need to draw civil society and elected political representatives into the discussion about the new institutions on reconciliation. Prior to the passage of the new laws, the government needs to engage with opposition political parties, particularly those representing minority ethnic and religious communities, as well as civil society, to establish a multi-partisan consensus, encompassing pluralistic values on the path to make this a true reconciliation process for national unity. Unless the new reconciliation institutions are based on consensus rather than set up by a majority vote in parliament, they will end up as being akin to white elephants, non-functional, adding burdens on the government’s finances and further eroding faith in the reconciliation process.



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Meet the women protecting India’s snow leopards

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These women work with the local forest department to track and protect the snow leopard species [BBC]

In one of India’s coldest and most remote regions, a group of women have taken on an unlikely role: protecting one of Asia’s most elusive predators, the snow leopard.

Snow leopards are found in just 12 countries across Central and South Asia. India is home to one of the world’s largest populations, with a nationwide survey in 2023 – the first comprehensive count ever carried out in the country – estimating more than 700 animals, .

One of the places they roam is around Kibber village in Himachal Pradesh state’s Spiti Valley, a stark, high-altitude cold desert along the Himalayan belt. Here, snow leopards are often called the “ghosts of the mountains”, slipping silently across rocky slopes and rarely revealing themselves.

For generations, the animals were seen largely as a threat, for attacking livestock. But attitudes in Kibber and neighbouring villages are beginning to shift, as people increasingly recognise the snow leopard’s role as a top predator in the food chain and its importance in maintaining the region’s fragile mountain ecosystem.

Nearly a dozen local women are now working alongside the Himachal Pradesh forest department and conservationists to track and protect the species, playing a growing role in conservation efforts.

Locally, the snow leopard is known as Shen and the women call their group “Shenmo”. Trained to install and monitor camera traps, they handle devices fitted with unique IDs and memory cards that automatically photograph snow leopards as they pass.

“Earlier, men used to go and install the cameras and we kept wondering why couldn’t we do it too,” says Lobzang Yangchen, a local coordinator working with a small group supported by the non-profit Nature Conservation Foundation (NCF) in collaboration with the forest department.

Yangchen was among the women who helped collect data for Himachal Pradesh’s snow leopard survey in 2024, which found that the state was home to 83 snow leopards – up from 51 in 2021.

Spiti Wildlife Division A snow leopard looks into the camera
Snow leopards are often called the “ghosts of the mountains” because they are so hard to spot [BBC]

The survey documented snow leopards and 43 other species using camera traps spread across an area of nearly 26,000sq km (10,000sq miles). Individual leopards were identified by the unique rosette patterns on their fur, a standard technique used for spotted big cats. The findings are now feeding into wider conservation and habitat-management plans.

“Their contribution was critical to identifying individual animals,” says Goldy Chhabra, deputy conservator of forests with the Spiti Wildlife Division.

Collecting the data is demanding work. Most of it takes place in winter, when heavy snowfall pushes snow leopards and their prey to lower altitudes, making their routes easier to track.

On survey days, the women wake up early, finish household chores and gather at a base camp before travelling by vehicle as far as the terrain allows. From there, they trek several kilometres to reach camera sites, often at altitudes above 14,000ft (4,300m), where the thin air makes even simple movement exhausting.

The BBC accompanied the group on one such trek in December. After hours of walking in biting cold, the women suddenly stopped on a narrow trail.

Yangchen points to pugmarks in the dust: “This shows the snow leopard has been here recently. These pugmarks are fresh.”

Devesh Chopra/BBC A woman wearing a black and red scarf writes something in her notebook and a camera trap is placed in front of her.
The women set up cameras with unique IDs and memory cards, which capture an image of a snow leopard as soon as it passes through [BBC]

Along with pugmarks, the team looks for other signs, including scrapes and scent‑marking spots, before carefully fixing a camera to a rock along the trail.

One woman then carries out a “walk test”, crawling along the path to check whether the camera’s height and angle will capture a clear image.

The group then moves on to older sites, retrieving memory cards and replacing batteries installed weeks earlier.

By mid-afternoon, they return to camp to log and analyse the images using specialised software – tools many had never encountered before.

“I studied only until grade five,” says Chhering Lanzom. “At first, I was scared to use the computer. But slowly, we learned how to use the keyboard and mouse.”

The women joined the camera-trapping programme in 2023. Initially, conservation was not their motivation. But winters in the Spiti Valley are long and quiet, with little agricultural work to fall back on.

“At first, this work on snow leopards didn’t interest us,” Lobzang says. “We joined because we were curious and we could earn a small income.”

The women earn between 500 ($5.46; £4) and 700 rupees a day.

But beyond the money, the work has helped transform how the community views the animal.

Spiti Wildlife Division A woman looks at a computer screen which has a grab of a leopard.
Images captured by the camera traps are analysed using a special software [BBC]

“Earlier, we thought the snow leopard was our enemy,” says Dolma Zangmo, a local resident. “Now we think their conservation is important.”

Alongside survey work, the women help villagers access government insurance schemes for their livestock and promote the use of predator‑proof corrals – stone or mesh enclosures that protect animals at night.

Their efforts come at a time of growing recognition for the region. Spiti Valley has recently been included in the Cold Desert Biosphere Reserve, a Unesco-recognised network aimed at conserving fragile ecosystems while supporting local livelihoods.

As climate change reshapes the fragile trans-Himalayan landscape, conservationists say such community participation will be crucial to safeguarding species like the snow leopard.

“Once communities are involved, conservation becomes more sustainable,” says Deepshikha Sharma, programme manager with NCF’s High Altitudes initiative.

“These women are not just assisting, they are becoming practitioners of wildlife conservation and monitoring,” she adds.

As for the women, their work makes them feel closer to their home, the village and the mountains that raised them, they say.

“We were born here, this is all we know,” Lobzang says. “Sometimes we feel afraid because these snow leopards are after all predatory animals, but this is where we belong.”

[BBC]

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Freedom for giants: What Udawalawe really tells about human–elephant conflict

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Too many vehicles entering national parks

If elephants are truly to be given “freedom” in Udawalawe, the solution is not simply to open gates or redraw park boundaries. The map itself tells the real story — a story of shrinking habitats, broken corridors, and more than a decade of silent but relentless ecological destruction.

“Look at Udawalawe today and compare it with satellite maps from ten years ago,” says Sameera Weerathunga, one of Sri Lanka’s most consistent and vocal elephant conservation activists. “You don’t need complicated science. You can literally see what we have done to them.”

What we commonly describe as the human–elephant conflict (HEC) is, in reality, a land-use conflict driven by development policies that ignore ecological realities. Elephants are not invading villages; villages, farms, highways and megaprojects have steadily invaded elephant landscapes.

Udawalawe: From Landscape to Island

Udawalawe National Park was once part of a vast ecological network connecting the southern dry zone to the central highlands and eastern forests. Elephants moved freely between Udawalawe, Lunugamvehera, Bundala, Gal Oya and even parts of the Walawe river basin, following seasonal water and food availability.

Today, Udawalawe appears on the map as a shrinking green island surrounded by human settlements, monoculture plantations, reservoirs, electric fences and asphalt.

“For elephants, Udawalawe is like a prison surrounded by invisible walls,” Sameera explains. “We expect animals that evolved to roam hundreds of square nationakilometres to survive inside a box created by humans.”

Elephants are ecosystem engineers. They shape forests by dispersing seeds, opening pathways, and regulating vegetation. Their survival depends on movement — not containment. But in Udawalawa, movement is precisely what has been taken away.

Over the past decade, ancient elephant corridors have been blocked or erased by:

Irrigation and agricultural expansion

Tourism resorts and safari infrastructure

New roads, highways and power lines

Human settlements inside former forest reserves

Sameera

“The destruction didn’t happen overnight,” Sameera says. “It happened project by project, fence by fence, without anyone looking at the cumulative impact.”

The Illusion of Protection

Sri Lanka prides itself on its protected area network. Yet most national parks function as ecological islands rather than connected systems.

“We think declaring land as a ‘national park’ is enough,” Sameera argues. “But protection without connectivity is just slow extinction.”

Udawalawe currently holds far more elephants than it can sustainably support. The result is habitat degradation inside the park, increased competition for resources, and escalating conflict along the boundaries.

“When elephants cannot move naturally, they turn to crops, tanks and villages,” Sameera says. “And then we blame the elephant for being a problem.”

The Other Side of the Map: Wanni and Hambantota

Sameera often points to the irony visible on the very same map. While elephants are squeezed into overcrowded parks in the south, large landscapes remain in the Wanni, parts of Hambantota and the eastern dry zone where elephant density is naturally lower and ecological space still exists.

“We keep talking about Udawalawe as if it’s the only place elephants exist,” he says. “But the real question is why we are not restoring and reconnecting landscapes elsewhere.”

The Hambantota MER (Managed Elephant Reserve), for instance, was originally designed as a landscape-level solution. The idea was not to trap elephants inside fences, but to manage land use so that people and elephants could coexist through zoning, seasonal access, and corridor protection.

“But what happened?” Sameera asks. “Instead of managing land, we managed elephants. We translocated them, fenced them, chased them, tranquilised them. And the conflict only got worse.”

The Failure of Translocation

For decades, Sri Lanka relied heavily on elephant translocation as a conflict management tool. Hundreds of elephants were captured from conflict zones and released into national parks like Udawalawa, Yala and Wilpattu.

Elephant deaths

The logic was simple: remove the elephant, remove the problem.

The reality was tragic.

“Most translocated elephants try to return home,” Sameera explains. “They walk hundreds of kilometres, crossing highways, railway lines and villages. Many die from exhaustion, accidents or gunshots. Others become even more aggressive.”

Scientific studies now confirm what conservationists warned from the beginning: translocation increases stress, mortality, and conflict. Displaced elephants often lose social structures, familiar landscapes, and access to traditional water sources.

“You cannot solve a spatial problem with a transport solution,” Sameera says bluntly.

In many cases, the same elephant is captured and moved multiple times — a process that only deepens trauma and behavioural change.

Freedom Is Not About Removing Fences

The popular slogan “give elephants freedom” has become emotionally powerful but scientifically misleading. Elephants do not need symbolic freedom; they need functional landscapes.

Real solutions lie in:

Restoring elephant corridors

Preventing development in key migratory routes

Creating buffer zones with elephant-friendly crops

Community-based land-use planning

Landscape-level conservation instead of park-based thinking

“We must stop treating national parks like wildlife prisons and villages like war zones,” Sameera insists. “The real battlefield is land policy.”

Electric fences, for instance, are often promoted as a solution. But fences merely shift conflict from one village to another.

“A fence does not create peace,” Sameera says. “It just moves the problem down the line.”

A Crisis Created by Humans

Sri Lanka loses more than 400 elephants and nearly 100 humans every year due to HEC — one of the highest rates globally.

Yet Sameera refuses to call it a wildlife problem.

“This is a human-created crisis,” he says. “Elephants are only responding to what we’ve done to their world.”

From expressways cutting through forests to solar farms replacing scrublands, development continues without ecological memory or long-term planning.

“We plan five-year political cycles,” Sameera notes. “Elephants plan in centuries.”

The tragedy is not just ecological. It is moral.

“We are destroying a species that is central to our culture, religion, tourism and identity,” Sameera says. “And then we act surprised when they fight back.”

The Question We Avoid Asking

If Udawalawe is overcrowded, if Yala is saturated, if Wilpattu is bursting — then the real question is not where to put elephants.

The real question is: Where have we left space for wildness in Sri Lanka?

Sameera believes the future lies not in more fences or more parks, but in reimagining land itself.

“Conservation cannot survive as an island inside a development ocean,” he says. “Either we redesign Sri Lanka to include elephants, or one day we’ll only see them in logos, statues and children’s books.”

And the map will show nothing but empty green patches — places where giants once walked, and humans chose. roads instead.

By Ifham Nizam

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Challenges faced by the media in South Asia in fostering regionalism

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Main speaker Roman Gautam (R) and Executive Director, RCSS, Ambassador (Retd) Ravinatha Aryasinha.

SAARC or the South Asian Association for Regional Cooperation has been declared ‘dead’ by some sections in South Asia and the idea seems to be catching on. Over the years the evidence seems to have been building that this is so, but a matter that requires thorough probing is whether the media in South Asia, given the vital part it could play in fostering regional amity, has had a role too in bringing about SAARC’s apparent demise.

That South Asian governments have had a hand in the ‘SAARC debacle’ is plain to see. For example, it is beyond doubt that the India-Pakistan rivalry has invariably got in the way, particularly over the past 15 years or thereabouts, of the Indian and Pakistani governments sitting at the negotiating table and in a spirit of reconciliation resolving the vexatious issues growing out of the SAARC exercise. The inaction had a paralyzing effect on the organization.

Unfortunately the rest of South Asian governments too have not seen it to be in the collective interest of the region to explore ways of jump-starting the SAARC process and sustaining it. That is, a lack of statesmanship on the part of the SAARC Eight is clearly in evidence. Narrow national interests have been allowed to hijack and derail the cooperative process that ought to be at the heart of the SAARC initiative.

However, a dimension that has hitherto gone comparatively unaddressed is the largely negative role sections of the media in the SAARC region could play in debilitating regional cooperation and amity. We had some thought-provoking ‘takes’ on this question recently from Roman Gautam, the editor of ‘Himal Southasian’.

Gautam was delivering the third of talks on February 2nd in the RCSS Strategic Dialogue Series under the aegis of the Regional Centre for Strategic Studies, Colombo, at the latter’s conference hall. The forum was ably presided over by RCSS Executive Director and Ambassador (Retd.) Ravinatha Aryasinha who, among other things, ensured lively participation on the part of the attendees at the Q&A which followed the main presentation. The talk was titled, ‘Where does the media stand in connecting (or dividing) Southasia?’.

Gautam singled out those sections of the Indian media that are tamely subservient to Indian governments, including those that are professedly independent, for the glaring lack of, among other things, regionalism or collective amity within South Asia. These sections of the media, it was pointed out, pander easily to the narratives framed by the Indian centre on developments in the region and fall easy prey, as it were, to the nationalist forces that are supportive of the latter. Consequently, divisive forces within the region receive a boost which is hugely detrimental to regional cooperation.

Two cases in point, Gautam pointed out, were the recent political upheavals in Nepal and Bangladesh. In each of these cases stray opinions favorable to India voiced by a few participants in the relevant protests were clung on to by sections of the Indian media covering these trouble spots. In the case of Nepal, to consider one example, a young protester’s single comment to the effect that Nepal too needed a firm leader like Indian Prime Minister Narendra Modi was seized upon by the Indian media and fed to audiences at home in a sensational, exaggerated fashion. No effort was made by the Indian media to canvass more opinions on this matter or to extensively research the issue.

In the case of Bangladesh, widely held rumours that the Hindus in the country were being hunted and killed, pogrom fashion, and that the crisis was all about this was propagated by the relevant sections of the Indian media. This was a clear pandering to religious extremist sentiment in India. Once again, essentially hearsay stories were given prominence with hardly any effort at understanding what the crisis was really all about. There is no doubt that anti-Muslim sentiment in India would have been further fueled.

Gautam was of the view that, in the main, it is fear of victimization of the relevant sections of the media by the Indian centre and anxiety over financial reprisals and like punitive measures by the latter that prompted the media to frame their narratives in these terms. It is important to keep in mind these ‘structures’ within which the Indian media works, we were told. The issue in other words, is a question of the media completely subjugating themselves to the ruling powers.

Basically, the need for financial survival on the part of the Indian media, it was pointed out, prompted it to subscribe to the prejudices and partialities of the Indian centre. A failure to abide by the official line could spell financial ruin for the media.

A principal question that occurred to this columnist was whether the ‘Indian media’ referred to by Gautam referred to the totality of the Indian media or whether he had in mind some divisive, chauvinistic and narrow-based elements within it. If the latter is the case it would not be fair to generalize one’s comments to cover the entirety of the Indian media. Nevertheless, it is a matter for further research.

However, an overall point made by the speaker that as a result of the above referred to negative media practices South Asian regionalism has suffered badly needs to be taken. Certainly, as matters stand currently, there is a very real information gap about South Asian realities among South Asian publics and harmful media practices account considerably for such ignorance which gets in the way of South Asian cooperation and amity.

Moreover, divisive, chauvinistic media are widespread and active in South Asia. Sri Lanka has a fair share of this species of media and the latter are not doing the country any good, leave alone the region. All in all, the democratic spirit has gone well into decline all over the region.

The above is a huge problem that needs to be managed reflectively by democratic rulers and their allied publics in South Asia and the region’s more enlightened media could play a constructive role in taking up this challenge. The latter need to take the initiative to come together and deliberate on the questions at hand. To succeed in such efforts they do not need the backing of governments. What is of paramount importance is the vision and grit to go the extra mile.

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