Features
New laws by govt. without legitimacy require more consensus
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.
Features
High Stakes in Pursuing corruption cases
The death of the most important suspect in the Sri Lankan Airlines Airbus deal has drawn intense public speculation. Kapila Chandrasena the former CEO of the heavily loss-making national airline was found dead under circumstances that the police are still investigating.
He had recently been arrested by the Commission to Investigate Allegations of Bribery or Corruption in connection with the controversial Airbus aircraft purchase agreement signed in 2013. Police investigations are continuing into the cause of death and whether or not he committed suicide. The unresolved death brings to light the high stakes involved in accountability efforts of this nature.
The uncertainty surrounding Chandrasena’s death has revived public memories of other mysterious deaths linked to corruption investigations and public scandals. Among them is the death of Rajeewa Jayaweera, a former SriLankan Airlines executive and outspoken critic of the Airbus transaction. He was following in the tradition of his father, the late foreign service officer and public servant Stanley Jayaweera who mentored the younger generation in good governance practices and formed the group “Avadhi Lanka” along with icons such as Prof Siri Hettige. Rajeewa had written a series of articles exposing irregularities in the deal before he was found dead near Independence Square in Colombo in 2020. The CCTV cameras in that high security area were turned off. Questions raised at that time whether or not he had committed suicide were not satisfactorily resolved.
The controversy about the cause of Chandrasena’s death is diverting attention away from the massive damage done to the country by the SriLankan Airlines deal itself. The value of the aircraft agreement was close to the size of the International Monetary Fund bailout package that Sri Lanka desperately needed by 2023 in order to stabilise the economy after bankruptcy. Sri Lanka’s IMF Extended Fund Facility amounted to about USD 3 billion spread over four years. The comparison shows the scale of the losses and liabilities that irresponsible and corrupt decisions have imposed on the country and which must never happen again.
Wider Pattern
The corruption linked to the Airbus transaction came fully into the open only because of investigations conducted outside Sri Lanka. In 2020 Airbus agreed to pay record penalties of more than EUR 3.6 billion to authorities in Britain, France and the United States to settle global corruption investigations. Sri Lanka was identified as one of the countries where bribes had allegedly been paid in order to secure contracts. The Airbus deal involved the purchase of six A330 aircraft and four A350 aircraft valued at approximately USD 2.3 billion. Investigations showed that Airbus paid bribes amounting to nearly USD 16 million in order to secure the contract. According to court submissions, at least part of this money amounting to USD 2 million was transferred through a shell company registered in Brunei and routed through Singapore bank accounts linked to the late airline CEO and his wife.
The commissions involved in this deal may seem comparatively small compared to the overall value of the contracts but devastating in their consequences. But they also show that a few million dollars paid secretly to decision makers could lead to the country assuming liabilities worth hundreds of millions or even billions of dollars over decades. This is why corruption is not simply a moral issue. It is a direct economic assault on the living standards of ordinary people. Money lost through corruption is money unavailable for schools, hospitals, rural development and job creation. In the end the burden falls on ordinary citizens who are left to repay debts incurred in their name without receiving commensurate benefits in return.
The SriLankan Airlines transaction gives an indication of the wider pattern of corruption and misuse of national resources that has taken place over many years. This was not an isolated incident. There were numerous large scale infrastructure and procurement projects that imposed heavy debts on the country while enriching politically connected individuals and their associates. Other projects such as the Colombo Port City, Hambantota Harbour and highway construction reveal a similar pattern.
Less publicised but equally damaging scandals have involved fertiliser medicine and energy contracts. Investigations into medicine procurement in recent years uncovered allegations that substandard pharmaceuticals had been imported at inflated prices causing both financial losses and risks to public health.
Moral Renewal
The present government appears determined to investigate major corruption cases in a manner that no previous government has attempted. Those who ransacked and bankrupted the treasury need to be dealt with according to the law. There is considerable public support for efforts to recover stolen assets and ensure accountability.
In his May Day speech President Anura Kumara Dissanayake stated that around 14 corruption cases were nearing completion in the courts this very month and called upon the public to applaud when verdicts are delivered. Political opponents of the government claim that such comments could place pressure on the judiciary and blur the separation between political leadership and the courts. But the deeper public frustration that underlies the president’s remarks also needs to be understood.
The challenge facing Sri Lanka is twofold. The country must ensure that justice is done through due process and independent institutions. If anti corruption campaigns become politicised they can lose legitimacy. But if corruption and abuse of power continue without consequences the country will remain trapped in a cycle of economic decline and moral decay. Sri Lanka also needs to confront past abuses linked to the war period. There are allegations of kidnapping, extortion, disappearances and criminal activity in which members of the security forces have been implicated. Vulnerable sections of the population suffered greatly during those years. If political leaders turned a blind eye or actively connived in such crimes they too need to be held accountable under the law. Selective justice will not heal the country. Accountability must apply across the board regardless of political position, ethnicity or institutional power.
Sri Lanka has paid a very heavy price for corruption and impunity. The economic collapse of 2022 did not occur overnight. It was the result of years of bad governance, reckless decision making, abuse of power and the misuse of public wealth. If the country is to move forward the focus cannot be diverted by sensational speculation alone. Suspicious deaths and political intrigue may dominate headlines for a few days. But the larger issue is the system that enabled corruption to flourish without accountability for so long. The real national task is to end that system. Sri Lanka cannot build a prosperous future on a foundation of corruption and impunity. Unless those who looted public wealth are held accountable and the systems that enabled them are dismantled, the country risks repeating the same cycle again.
Jehan Perera
Features
When University systems fail:Supreme Court’s landmark intervention in sexual harassment case
Over seven years after making an initial complaint of sexual harassment against her research supervisor, Dr. Udari Abeyasinghe, then a temporary lecturer and now a senior lecturer at the University of Peradeniya, has been finally served justice. On May 8, 2026, the Supreme Court made the following directions regarding Udari’s fundamental rights case: “1) The 1st Respondent [her research supervisor] is prohibited from accepting any post, whether paid or not or honorary, in any university, educational institute or other academic institution; 2) The UGC to issue a direction to all universities and other institutions, coming under its purview, to abstain from giving any appointment, whether paid or not, or honorary, to the 1st Respondent; and 3) The University of Peradeniya, including the Council and respective Respondent [sic], are directed to take appropriate measures to enforce and raise awareness of the University of Peradeniya’s policy on Sexual or Gender-Based Harassment and Sexual Violence for staff and students, including conducting mandatory annual seminars for all academics, staff and students.” I recently spoke with Udari to learn about her experience battling the University’s sexual and gender-based violence (SGBV) procedures.
Violence and injustice
Udari was a temporary lecturer when she began working on her MPhil degree. Her research supervisor was a Senior Professor and Dean of her faculty. The harassment began in 2017.
When Udari reached out for support to the SGBV Committee of the University of Peradeniya, the Chair explained the complaint procedure, including how a third party could make a complaint on her behalf. In July 2018, Udari’s mother made a written complaint to the Vice Chancellor (VC). “The very next day [my supervisor] called me … and asked me to withdraw the complaint because it would look bad for me … the university should have taken measures to separate the complainant from the perpetrator … but nothing like that happened.”
Before making the formal complaint, Udari reached out to other academic staff at her Faculty. She shared her experience with a few close colleagues. Many advised her to leave the Faculty. “No one in the Faculty supported me publicly, although some sympathised privately … I was a temporary lecturer … no one really cared.” Some of her colleagues and non-academic staff who knew about the harassments, asked her to avoid involving them because they feared retaliation from higher powers.
Udari faced a preliminary inquiry and then a formal inquiry. The preliminary inquiry took place about four months after her complaint, and the inquiry committee recommended proceeding to a formal inquiry. The latter was held about a year after the initial complaint. “I got to know unofficially that [my supervisor] had got hold of all the statements made at the preliminary inquiry and pressured some colleagues to change their statements before the formal inquiry.” During the time of the formal inquiry, an anonymous letter (“kala paththaraya”) was circulated among staff: “It was a character assassination … the same kala paththaraya would get circulated from time to time.” After the formal inquiry committee submitted its report and recommendations, Udari was informed, in writing, that the University Council had dismissed the report.
“Neither the preliminary inquiry report nor the formal inquiry report were shared with me … I had to make a formal request to the VC and only then did I get a copy of the preliminary inquiry report… I had to get the formal inquiry report through an RTI (a request under the Right to Information Act). What I understand is that [my supervisor] had influenced the Council … that’s why they rejected the report…saying there had been a delay of six months to make a complaint ….” (N. B. there are no time limitations for submitting a complaint in the SGBV by-laws of the University of Peradeniya, although such time bars exist at other universities).
Udari then submitted formal complaints to the University Grants Commission (August 2020) and the Human Rights Commission of Sri Lanka (December 2020), and finally filed a fundamental rights case at the Supreme Court in March 2021. Five years later, on May 8th 2026, Udari’s complaint was vindicated.
University procedures and inquiries
When her mother submitted the complaint against her supervisor, Udari was a temporary lecturer. She had given up her dream of pursuing an academic career because she did not think she would be recruited to a permanent position after making a complaint against a faculty member. It is encouraging that Udari was recruited, but in most instances, students and junior staff endure and stay silent to avoid jeopardising their academic careers. We currently have no procedures in place at universities to protect victims and witnesses from backlash.
According to Udari, the former Chair of the SGBV Committee and the members of her preliminary inquiry panel played a crucial role in her case, and, in her words, “could not be influenced.” But SGBV by-laws at state universities place inordinate power in the hands of the Council and VC. According to the SGBV by-laws of the University of Peradeniya, the Council appoints the 15-member SGBV Committee comprising “[t]wo (02) persons from among the members of the Council; [t]en (10) persons drawn from the permanent and senior members of the academic community; and [t]hree (03) persons external to the University, from among the retired academic or administrative staff of the University” (Section 2.1). While the by-laws recommend appointing persons who have demonstrated “gender-sensitivity, proven interest in working on issues of gender equality and equity, and trained to investigate and inquire into cases of sexual or gender-based harassment and sexual violence” (Section 2.1), we know this is often not the case. In many universities, VCs control which cases are taken up and end up in an inquiry. Most students and staff at state universities have little faith in the existing SGBV complaint procedures.
As Udari experienced, the decisions of inquiry committees can be overruled and dismissed by University Councils, indicating the importance of appointing appropriate members to the Councils. The Deans of faculties, who are Ex-officio members, usually collude to protect their own interests and fiefdoms, while the appointment of external members to Councils is deeply politicised. At present, there is no application process or vetting of candidates before they are appointed. They are usually persons who are seen to be sympathetic to the incumbent political dispensation. Furthermore, external members are dependent on the university hierarchy for information on the issues being discussed, the details of which are often hidden from them. It is not surprising then that University Councils would adjudicate on the side of power.
Final recommendation
Beyond barring Udari’s former research supervisor from holding positions in the university system, the Supreme Court has directed the University of Peradeniya to raise awareness on SGBV among staff and students. While SGBV is addressed in the induction courses and orientation programmes at universities, staff and students must be made aware of the nitty-gritties of complaint procedures, including time bars, which were crucial to the outcome of Udari’s case. But is raising awareness sufficient? Do we have ways to hold university authorities accountable for arbitrary and/or prejudicial decision-making and other abuses of power?
For Udari, life continues to be difficult, with constant surveillance of her activities.
“In November 2024 , I shared a post about my case.. it was a newspaper article stating that the Supreme Court had granted leave to proceed… I just took a photograph of it and posted it on my Facebook without any captions… a few weeks later I was summoned by higher authorities…I was informed that several academics had verbally complained about me using my social media to tarnish the name of the faculty and the university and, if that’s the case, that I should know that the University Council has the authority to take action against me … we also spoke briefly about the case and at one point I was told that this incident (harassment) happened to me because I showed some positivity towards (the perpetrator) …”
Let’s hope that university administrations pause before victimising and revictimising SGBV survivors in future. As a community, we have to rethink the hierarchical ways in which universities function and create a meaningful mechanism that supports students and staff to complain without fear of repercussion.
Thank you, Udari, for taking this step forward. University administrations will have to stop, listen and change their ways.
(Ramya Kumar is attached to the Department of Community and Family Medicine, Faculty of Medicine, University of Jaffna, and is an alumna of the University of Peradeniya).
Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.
By Ramya Kumar
Features
‘Nidahase’ in the spotlight
Senani Wijesena, the Sri Lankan-Australian singer-songwriter, known for fusion pop/R&B with ethnic elements, like the tabla and sitar, is in the news again.
She was featured in The Island, in early April (2026), regarding her career in the music scene, and the release of her first ever Sinhala song ‘Nidahase.’
The song was released in Sri Lanka, on 17th April, with Senani in town to do the needful.
The music video was filmed at the Polgampola Waterfall, in Sri Lanka, and also features co-star Senura Ambegoda … playing the romantic interest.
Describing the setup, Senani had this to say:
“To achieve the high falls scenes, I had to climb large rocks and slippery edges to get to the top of the falls, and I had to do it in the yellow saree I was wearing. Of course the film crew assisted me.”
The initial scenes were filmed in bustling Pettah where Senani meets co-star Senura Ambegoda, working in a street stall, and when their eyes meet it triggers a memory of soul connection and transports her into another world entering the forest scene.
The forest, says Senani, symbolically represented a retreat to nature and peace.
The couple later rejoin at Colombo City Centre where they danced together and enjoyed each other’s company.
Says Senani: “The short dance routine was created on the spot, on set. Senura is a dance teacher, as well as a model and actor, and we learnt the routine, in 10 minutes, before it was filmed.”
‘Nidahase’ means Freedom in English – about being free in life, love, expression and movement.
It’s, in fact, a reworked version of her highly successful English song ‘Free’ which was nominated for a Hollywood Music In Media award in the RNB/Soul category, and also reached the Top 20 of the Music Week Dance charts in the UK.
‘Nidahase’ can be heard on all streaming platforms, including Spotify, Apple Music and Amazon.
Senani’s YouTube channel is www.youtube.com/senanimusic
Her social media pages are: www.instagram.com/senanimusic and www.facebook.com/senanimusic. Her website is www.senani.com
For the record, Senani is the daughter of film actress Jeevarani Kurukulasuriya and Dr Lanka Wijesena.
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