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PLAYING GAMES (“GEMA GAHANAWA”) WITH CONSTITUTIONAL REFORMS

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by Prof. Savitri Goonesekere

The Sunday Island of May 29, 2022 has interesting articles reflecting the varied points of view of professionals and concerned citizens on our current and very grave economic and political crisis. Rajan Phillips and Keith Noyar reflect on the gap between what we know are the demands of street protests in the “Aragalaya”, and the responses of the Gotabaya Rajapaksa government.

The Aragalaya protestors on the street are not convinced that Mr. Ranil Wickremesinghe joining a cabinet of mostly the same old Ministers whom they hold accountable with the President for the country’s crisis, has transformed it into the  “new ” or “interim” government they are demanding. Gnana Moonesinghe approves of what she sees as the “new” governance, and the Ranil Wickremesinghe headed “new  cabinet.” She has confidence in the leadership role that Mr. Ranil Wickremesinghe has assumed. She thinks he should be supported to accomplish this task.

These differing viewpoints reflect a deeper reality. And this is the polarized approaches to governance in our country. The Aragalaya demands embody a viewpoint that we as citizens have ignored for many decades- the importance of the accountability of those who hold public office to the nation for corruption,  gross financial mismanagement and abuse of public and political  office.  They challenge the right of a government that has created what has been described as “the most man made and voluntary economic crisis” (Rajan Philips citing Mick Moore Asian Development Bank Consultant) to continue in office.

They are not willing to forgive and forget, as most of us have done for decades. The recent revelations in a Parliamentary review of the Central Bank’s work from 2020 reinforces the culpability of the President and his officials and the institutional failures that make our predicament a “man-made crisis”. The even more shocking report of the Inspector General of Police on the deeply politicized appointments to this vital institution in law enforcement support the strident cry from the street for what they describe as “systemic and institutional change”. They may not articulate how this can be done. But who can question the legitimacy of that strident demand for accountable governance for the well-being of the People who elected  a government to office?

What we as citizens should ask ourselves is whether a country which has such polarized views on governance, can create the stable political environment that we need if we are to emerge from these dark times. Can we think of a country in which a government that has brought the nation to bankruptcy through gross financial mismanagement, created grave  food insecurity in   a country, where a papaw seed thrown in  a home  garden can bring an abundance of fruit, through deliberate and flawed agricultural policies, is permitted to continue to hold office? And this in a situation where the IGP the  head of the Police Service, and his officers,  failed to afford protection against injury to person and massive damage to property, entailing  millions  in insurance payments. This was explained by him as the impact of extensive regular political interference, which prevented him from building an effective law enforcement agency. The international financial agencies have given a clear message that stability must be a precondition for the kind of significant support we need to restructure our debt. Handouts from sympathetic donors into our begging bowl facilitated by what is referred to by faithful supporters of Prime Minister Wickremesinghe as his “international connections,” will not suffice.

Can we address the issues of importance and find solutions to the current crisis without   creating some consensus on linking with the aragalaya in their demand for systemic and institutional change, to address this rotten scenario?  Can we not build consensus on the type of governance we want, to   help us move forward, instead of being trapped in our now familiar toxic and  adversarial  politics?

But even that seems to be an impossibly difficult task, because of widely divergent understandings of what this country needs to initiate such changes in governance. Constitutional reform is considered the need of the hour.

“Systemic Institutional Change ” and Constitutional Reform

Minister GL Pieris is reported to have informed the diplomatic community that the street protests are not really an anti-government initiative, but a demand  for “systemic and institutional change”. So the President himself and Mr. Wickremesinghe and the cabinet have come to the conclusion that a “sop” in the form of a Constitutional change that they say “will reduce the powers of the President” will give us the “magical” systemic and institutional  changes that are  being demanded in the “Aragalaya”. Key stake holders in civil society like the Bar Association, the Peoples Movement for Social Justice, led by Mr. Karu Jayasuriya and the Ceylon Chamber of Commerce all have indicated approval for this change in public statements. They seem to believe that a Constitutional Amendment to reduce the powers of the Presidency will be the golden path to achieving stability and accountable governance.

Maybe President Gotabaya Rajapaksa himself has a vision that he will realize for the nation the “vistas of prosperity and splendour” he promised, in this exciting new and well packaged and media hyped transformation.  The President has emerged from seclusion once again, to have televised meetings with his officials and his “new” Minister of Agriculture. Officials as usual appeared to “sit in solemn silence” around the table. The President instructed them with a grave expression to do the very opposite on fertilizer distribution, to what he demanded from them for the previous two years. Also, with Presidential aplomb he told them to distribute state land to the people to grow mung and cowpea instead of paddy, and encourage all citizens to cultivate food in their home gardens to avoid starvation. We can expect a gazette notification on this shortly.

And so our public discourse has shifted to a focus on the 21st Amendment to the Constitution, that the Minister of Justice will bring to Parliament for the Gotabaya Rajapaksa/Ranil Wickremesinghe government.

The 21st Amendment to the Constitution

This Amendment is based on a Bill presented as a private member’s Bill, a short while ago, when Mr. Wijeyadasa Rajapakshe was in the opposition. It was in one sense a response to the Samagi Jana Balavegaya private member’s Bill presented by the leader of the Opposition Mr. Sajith Premedasa, as the 21st Amendment to the Constitution. The 21A of the Samagi Bill (21A S) seeks to ABOLISH  the Executive Presidency, while Mr. Rajapakshe’s Bill (21A (MoJ)) RETAINS  the institution, and aims to REDUCE the powers of the President on the lines of the 19th Amendment enacted during the  Maithripla Sirisena/Ranil Wickremesinghe Yahapalanaya government. Both seek to repeal the 20th Amendment brought by the Gotabaya Rajapaksa government  that has been constantly criticized for expanding the powers of the President, even beyond those given to President JR Jayewardene in the 1978 Constitution that continues to be the basic law of the country. Mr. Wijeyadasa Rajapakshe in his recent new avatar as Minister of Justice has withdrawn his private member’s Bill and has the support of the Rajapaksa/Wickremesinghe government to present it with some modifications  in Parliament as the government’s initiative on Constitutional reform.

Critiques ask why the government is bringing the 21A (MoJ) to merely REDUCE Presidential powers when the aragalaya as well as the Opposition support a Bill to ABOLISH  the Presidency. They point out that the Samagi Bill (21A (S),  has provisions (some derived from the 19th Amendment itself) to strengthen the institutions of government with the independent  Commissions on matters like the public service and human rights, and also to provide stronger provisions for monitoring financial management by the President and  Executive branch of government, to help ensure   accountability to Parliament. Mr. Rajapakshe’s government Bill (21A MoJ) also has various provisions to strengthen the accountability of the Executive and the President to Parliament. We are told that these will be further strengthened to incorporate changes suggested by civil society and professional groups. So the central difference is in regard to the approach to the Executive President’s role in governance.

Minister Rajapakshe has said in public that it is dangerous to abolish the Executive Presidency in light of the electoral  system of proportional representation. The non-articulated concern of the Minister and some of those who support his Bill, from within and outside Parliament, is that an Executive Presidency is necessary to prevent the 13th Amendment which devolves powers to Provinces being used to create a separate state for the Tamils of the country. This argument on strong national security and risks of separatism seem to have influenced some  civil society organizations as well, to support Mr. Rajapakshe’s government Bill.

The concern that we need a Presidency to prevent a separatist agenda, that seeks to divide our country, is ill founded. Article 2 of the Constitution recognizes that Sri Lanka is a “unitary state”. The 13th Amendment has been enacted within the framework of that concept. There are many countries with Parliamentary democracies including India, Canada and UK where a Prime Minister in Parliament has to do the same job regarding national security and   unity as are envisaged in the Presidential governance system of Sri Lanka.

There is also a perception that without an Executive President national security will suffer. Yet in Commonwealth countries, the Prime Minister and the cabinet are responsible for national security. Winston Churchill whose experience PM Ranil Wickremesinghe compares with his own  gave leadership in a war cabinet.

The tragic Easter Sunday terrorist attacks demonstrates how PM Wickremesinghe, the empowered Prime Minister of the 19th Amendment and the Executive President were incapable of responding effectively to national security.

Mr. Rajapakshe presented another rather novel argument in support of the government Bill when he met the Mahanayake of Asgiriya and other monks of the Sangha Sabha in Kandy. He said that if President Rajapaksa resigns there will be no guarantee in regard to his successor, since the Pohottuwa Party which has a majority may elect in his place, a person even less qualified than the present incumbent!! This seems a somewhat damaging assessment of the   person in whose cabinet he has taken office. Besides, Minister  Wijeyadasa Rajapakshe must know that  under Article 40 of our Constitution when  a President ceases to hold office, the Prime Minister becomes  acting President  until Parliament elects a new President.

So we can assume that the Pohottuwa Party government which he and Prime Minister Ranil Wickremesinghe have joined will confer the mantle on Mr. Wickramasinghe. If that happens one would expect him to fulfill previous promises made on the need to abolish the Executive Presidency, and for an all party interim government that the Aragalaya, which he says he supports, is demanding. If that does not happen the Pohottuwa government may continue without Mr. Wickremesinghe and Mr. Wijeyadasa Rajapakshe. Besides, if Parliament by consensus decides to abolish the Executive Presidency, there is no reason for Minister Rajapakshe or anyone else to anguish about his successor.

All these developments indicate how we are once again trapped in diverse political agenda which plays out as an urgent need for Constitutional reform in the name of and for  “the People.” Mr. MA Sumanthiran the only Member of Parliament with experience and expertise on Constitutional and Public law has described the 21A (MoJ) exercise in constitutional reform of the government as minus even the 19th Amendment, and a futile exercise to effect systemic and institutional changes for accountable governance.

Yet the 21A (MoJ) exercise in constitutional reform has attracted media attention as a constructive and first step towards  good governance and responding to our desperate  political crisis and economic collapse. Government itself has warned us that there is a threat of food insecurity and starvation by October 2022, and a cost of living impossible to bear. As a further panacea for these ills, Minister Wijeyadasa Rajapakshe and Mr. Ranil Wickremesinghe and President Gotabaya Rajapaksa assure us that within the time frame of this government (which they fully expect to take towards completion of their term of office)  a NEW  Constitution will be drafted and adopted.

This assurance in particular requires us as citizens to peruse the history of Constitutional reform. For that history gives us a sense of how much we can trust these politicians promises and their credibility.

Constitutional Reform 1972 to 1994

These changes are linked with my own lived experience as a citizen of this country in this long period of fifty years.

The Constitution of 1972  was hailed as a “homegrown” autochthonous Constitution that broke the link with our colonial past. It was drafted by a specially created  Constituent Assembly with leadership of a great lawyer, Dr. Colvin R de Silva. This incorporated for the first time the concept of the Sovereignty of the People. Unfortunately the Peoples’  Sovereignty was conceptualized as the status of  the elected  National State Assembly (NSA)  or Parliament, as the “the supreme instrument of State power,” exercising the Sovereignty of the People. Even more dangerously, all the powers connected with governance in a democracy, i.e. the law making power, the executive power including defence handled by the President and cabinet, and the judicial power exercised through courts except in the case of privileges of Parliament were vested in the NSA. (Article 3, 4 and 5). Fundamental rights were stated as aspirational norms and they could not be enforced in the courts.

The impact of these changes on institutions of governance and individual lives is recorded in many publications of the period. Political interference with the independence of  the public service, the judiciary, and the administration of justice,  has been recorded. The manner in which Chief Justice Victor Tennakoon struggled to safeguard the judiciary is recorded in published research. The state monopoly of the press and restrictions on overseas travel were also  institutionalized in this period. A highly regulated economy and nationalization of private plantations had significant economic impact.

My own personal life was affected when a personal vendetta against my husband, Raja Goonesekere, then Principal of the Law College and Chair of the Civil Rights Movement, for daring to publish a statement critical of Minister Felix Dias Bandaranaike’s response to criminal justice after the JVP uprising, led to legislation eroding the autonomy of the Council of Legal Education. My husband lost his job as Principal of the Law College on false and trumped up allegations of being a CIA agent, because he was engaged in a research project on the legal profession  supported by an American institution. Fellow researchers in the project were the late Neelan Tiruchelvam and the late Justice ARB Amerasinghe!

The state control of media meant we could not challenge the fake news being published. We survived and coped with this difficult period because we had enormous family support, and  access to the best legal advice, from our friends Suriya Wickremesinghe and late Desmond Fernando, Chula de Silva and Mr. Satyendra PC. As I reflected on the trauma suffered later by others because of State abuse of power, I realized how fortunate we were not to confront the arbitrary exercise of State power that placed individual lives at risk.  We left the country despite my husband’s deep conviction: “one man and one woman and one country”. By the time we returned in 1982, JR Jayewardene had won  a landslide victory with a commitment  to  introduce a new constitution that would bring for the People  Dharmishta governance based on respect for the Rule of law and democratic values.

The Jayewardene era introduced in this country the concept of an all powerful Executive President who would dominate   all aspects of governance. The immediate  negative impact on several aspects of governance is recorded in publications on the period which examine the  searing experience of ethnic and other forms of both  State and individual acts of  violence, especially in the period of armed conflict. However, fundamental rights were justiciable in the courts and judges like late Mark Fernando and ARB Amerasinghe supported by human rights and Constitutional lawyers like my husband and late HL de Silva created a body of jurisprudence that helped to make rights meaningful for people who suffered state violence and abuse of power.

I was in university administration during the years of the UNP governments of Presidents Jayawardene and Premadasa and    never experienced the political interference of the 1972 government. Excellent leadership by UGC Chairman Arjuna Aluvihare, and Professor Dayantha Wijesekere of the Open University helped us survive the violence and cope with the stresses. University Teachers for Human Right s (UTHR) was established in this period with the full support of Prof. Aluvihare and Vice Chancellors like Prof Wijesekere. One great act of courage by Arjuna was when he as Vice Chancellor of the University of Peradeniya, saved a student tied to a post on campus from being set on fire. Such acts of brutality but institutions and the legal profession functioned, with responsible leadership. Freedom of speech and expression had some space in universities though there was State violence against journalists even in these times.

(To be continued next week)



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Tusker Kavantissa’s death exposes Sri Lanka’s wildlife conservation crisis

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Kavantissa

by Prof. Ranjith Bandara,
Emeritus Professor, University of Colombo

This article examines why community exclusion, excessive bureaucratic control, unequal distribution of conservation benefits, weak institutional accountability, and short-sighted political leadership continue to undermine wildlife conservation in Sri Lanka.

The death of Tusker Kavantissa is more than the loss of one of Sri Lanka’s most remarkable wild elephants. It exposes uncomfortable questions about how we protect our natural heritage, how conservation decisions are made, and why repeated warnings have failed to produce meaningful reforms. His death should compel us to examine not only what happened to one extraordinary animal, but also the deeper weaknesses in our wildlife conservation system.

Tusker Kavantissa, one of Sri Lanka’s most prominent wild tuskers, died on 16 October, 2026, after receiving veterinary treatment for an injury, reportedly caused by gunfire. Although the wound had shown some improvement, his health subsequently deteriorated. The precise cause of death requires confirmation through a proper post-mortem examination. Nevertheless, the circumstances raise serious questions about preventive protection, wildlife management, and institutional preparedness.

The wider picture is equally disturbing. According to recently reported figures, Sri Lanka has lost an average of approximately 402 elephants and 138 people annually, since 2019, due to human–elephant conflict. These figures reflect a continuing national tragedy affecting both wildlife and rural communities.

What Sri Lanka faces today is not merely a wildlife conservation problem. It is also a crisis of environmental governance, shaped by institutional weaknesses, political decisions, and the failure to recognise the economic and social realities of conservation.

Conservation without communities

One of the fundamental weaknesses of our conservation approach is that local communities are often treated as subjects of regulation rather than partners in conservation. They are expected to bear the risks, respect restrictions, and cooperate with government programmes, yet their influence over decisions affecting their lives remains limited.

For rural families living alongside wild elephants, conservation is not an abstract environmental objective. It directly affects their safety, agricultural income, property, and everyday lives.

Farmers frequently possess valuable knowledge about elephant movements, vulnerable locations, seasonal changes, and practical protection measures. Yet conservation interventions are sometimes designed without adequately considering this experience.

When decisions are imposed from above, communities may feel excluded from programmes they are expected to support. This weakens trust, reduces cooperation, and ultimately undermines conservation outcomes.

We must recognise that protecting elephants and protecting farmers are not conflicting objectives. Both are essential. A conservation policy that safeguards wildlife while neglecting human security cannot be considered successful.

The real challenge is to replace conservation imposed on communities with conservation undertaken alongside them. Meaningful participation requires more than consultation meetings. Communities must have a genuine role in planning, implementing, monitoring, and evaluating conservation activities.

Bureaucratic authority versus public accountability

Wildlife conservation requires strong institutions, professional expertise, and effective regulations. However, excessive bureaucratic control can become an obstacle when administrative authority takes precedence over practical outcomes.

Decision-making in Sri Lanka’s conservation system remains heavily dependent on central institutions. Administrative procedures, overlapping responsibilities, and limited coordination can delay responses to urgent problems.

More importantly, excessive centralisation can discourage local innovation and prevent communities from contributing practical solutions.

When administrative authority becomes more important than results, conservation risks becoming an exercise in controlling people rather than protecting nature.

This criticism should not be confused with questioning the dedication of frontline wildlife officers and veterinarians. Many work under difficult conditions with limited resources. The efforts undertaken to save Tusker Kavantissa deserve recognition.

However, individual commitment cannot compensate indefinitely for institutional weaknesses.

We must ask whether our conservation institutions have the capacity to identify risks early, protect vulnerable animals, coordinate emergency responses, and evaluate the effectiveness of their interventions.

Public accountability should, therefore, extend beyond compliance with administrative procedures to measurable conservation outcomes.

Who bears costs, and who receives benefits?

Perhaps the most neglected dimension of wildlife conservation in Sri Lanka is the unequal distribution of its economic costs and benefits.

Wild elephants contribute substantially to tourism, biodiversity, cultural heritage, and the country’s international image. Their conservation generates benefits enjoyed by society as a whole.

Yet the financial and personal costs are concentrated among rural communities living within elephant habitats.

A study published in 2023, involving 300 farming households in southern Sri Lanka, revealed a striking imbalance. Although these households lived near two national parks, none received economic benefits from tourism. Meanwhile, 57 percent had experienced elephant-related crop damage.

The findings raise a fundamental economic question: if the entire country benefits from elephant conservation, why should a relatively small and vulnerable section of society bear a disproportionate share of its costs?

Conservation cannot remain economically sustainable when its benefits are widely enjoyed but its costs are concentrated among those least able to bear them.

A separate study, published in 2024, involving 439 affected farming households, examined the possibility of financing compensation through tourism revenue. It demonstrated the potential for tourism-based financial mechanisms to support human–elephant coexistence.

The policy implications are significant

A proportion of wildlife tourism revenue could be directed towards affected communities through transparent benefit-sharing arrangements. Such measures could support compensation, village protection, local employment, community enterprises, and agricultural improvements.

However, financial compensation alone is insufficient. The 2023 study also indicated that fear of elephants and concerns about crop damage strongly influenced community attitudes. People must feel safe in their homes and farms, not merely receive payment after suffering losses.

Equitable benefit-sharing is, therefore, more than an act of generosity. It is an economic and social requirement for sustainable conservation.

Political decisions and absence of long-term vision

The weaknesses in wildlife conservation cannot be attributed solely to public officials. Political leadership must accept its share of responsibility.

Poor land-use planning, habitat fragmentation, obstruction of elephant movement corridors, and development decisions that inadequately consider environmental consequences have contributed to human–elephant conflict.

Political decisions made for immediate gains can create environmental and economic costs lasting for decades.

Another weakness is the preference for visible, short-term interventions.

Constructing electric fences, relocating elephants, and launching emergency operations can attract considerable publicity. However, such interventions should be evaluated according to their effectiveness, not their visibility.

Political leadership should be judged not by the number of conservation programmes announced, but by the lives protected, conflicts prevented, and long-term improvements achieved.

There is also a serious problem of policy continuity. Conservation cannot be governed according to electoral cycles or changing political priorities.

Elephant habitats, migration patterns, and ecological processes do not change with governments. Successful conservation, therefore, requires consistent national commitments extending beyond individual political administrations.

Without such continuity, public investment may be wasted while the underlying problems remain unresolved.

Problem is not always a lack of policy

Sri Lanka’s conservation crisis cannot be explained simply by a shortage of scientific knowledge or policy recommendations.

In many instances, the greater challenge lies in translating available knowledge into coordinated, adequately funded, and politically supported action.

The National Action Plan for the Mitigation of Human–Elephant Conflict, prepared in 2020, proposed a science-based approach that emphasised community participation, protection of villages and agricultural land, and more effective conflict-management strategies.

Yet an important question remains: how much of this plan has been implemented successfully?

Have implementation difficulties arisen from inadequate resources, weak institutional coordination, administrative resistance, or insufficient political commitment?

An independent assessment of the plan’s implementation would help identify these obstacles and establish clear responsibilities.

We must also recognise that a substantial proportion of Sri Lanka’s wild elephants live outside protected areas. Attempting to confine all elephants within national parks and forest reserves is, therefore, neither realistic nor sustainable.

Effective conservation requires land-use policies informed by elephant ecology, settlement patterns, agricultural needs, and the practical realities of human–wildlife coexistence.

A sound policy that remains largely unimplemented offers little protection to either elephants or people.

Towards more responsible conservation system

Sri Lanka needs a fundamental change in how wildlife conservation is governed.

Four priorities deserve immediate attention.

First, local communities must become genuine partners in conservation management, with meaningful responsibilities and decision-making opportunities.

Second, conservation benefits must be distributed more fairly. Wildlife tourism should contribute directly to protecting the livelihoods and safety of communities that bear conservation costs.

Third, existing national conservation plans should be independently reviewed to identify implementation gaps and establish a realistic timetable for corrective action.

Fourth, conservation institutions must become more accountable for measurable outcomes, including reductions in human deaths, elephant mortality, crop losses, and property damage.

These reforms require cooperation among wildlife, forestry, agriculture, land, irrigation, and local government institutions.

They also demand political leadership willing to prioritise long-term results over short-term publicity.

For exceptional animals, such as Tusker Kavantissa, improved risk monitoring, preventive protection, and timely veterinary responses are particularly important. However, conservation should not be limited to protecting a few well-known animals.

Every wild elephant has ecological value, just as every person living alongside elephants has an equal right to safety.

The objective must be a system that protects both.

Lesson tusker Kavantissa leaves behind

The death of Tusker Kavantissa should not become another moment of national sorrow that gradually fades from public memory. It should mark a turning point in how Sri Lanka approaches wildlife conservation.

A proper investigation into his death is essential. Equally important is an honest examination of the conservation system within which such tragedies continue to occur.

The real challenge is not choosing between people and elephants. It is creating a system in which both can coexist safely, and where the responsibilities, costs, and benefits of conservation are shared fairly.

This requires more than scientific expertise and stronger regulations. It demands accountable institutions, meaningful community participation, economic fairness, and political leadership guided by a clear long-term vision.

Our greatest failure would not be the loss of Tusker Kavantissa alone. It would be allowing the same weaknesses in our conservation system to claim more lives while we continue to avoid the reforms that could prevent them.

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Equality before the Law as foundation of Sri Lanka’s recovery

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Gnanasara Thera brought to court, dressed in lay attire

by Jehan Perera

The government appears set to overcome the first major challenge to one of its foundational principles. It has faced down demands from sections of the Buddhist clergy and opposition parties to release Ven. Galagodaatte Gnanasara from his prison sentence for contempt of court.

Ven Gnanasara is best known as the general secretary of the Bodu Bala Sena, a nationalist Sinhala grouping. The government seemed unfazed by a protest march organised by Buddhist monks and the opposition parties and its supporters organised an even bigger march to support the government’s position. It is notable that the general population did not get involved in either march in any substantial number. The issue has now become a test of whether the government will uphold its commitment to apply the law equally, irrespective of a person’s position or status, even when doing so brings it into conflict with a powerful constituency.

The case has a specific legal history. Ven. Gnanasara was sentenced to six years’ imprisonment by the Court of Appeal in 2018 for contempt of court in a case involving former military personnel where he disrupted the proceedings. The Supreme Court rejected his appeal in 2018. Former President Maithripala Sirisena subsequently granted him a presidential pardon in 2019. Last month, the Supreme Court invalidated that pardon. The initial demand by Buddhist monks and their lay supporters was that Ven. Gnanasara should be permitted to wear his Buddhist robes when appearing in public before the courts. The government has indicated its willingness to examine the procedures governing the treatment of Buddhist monks in prison, in consultation with the relevant religious authorities. However, the initial demand has now been escalated into a demand for a presidential pardon.

One of the central promises of the National People’s Power (NPP) during its election campaign two years ago was to apply the law equally to all. This commitment has shaped the government’s approach to allegations of corruption and criminality involving individuals who previously wielded political power. The NPP government was swept into power on a wave of antipathy towards those in previous governments who were perceived to have abused their positions for private gain. The economic collapse Sri Lanka experienced in 2022, and the hardships endured across society, remain vivid in the public memory. The past two years have seen the government pursuing those accused of corruption and other offences. Several high-ranking members of previous governments have faced arrest and legal proceedings and been sentenced to jail.

Religious Concerns

The ability of opposition parties to mobilise widespread resistance against proceedings involving their leaders has been limited, as much of the general population continues to favour accountability for past financial crimes. However, the case of Ven. Gnanasara is different. It does not concern allegations of financial corruption, but the relationship between religious authority, the courts and the law of the land. This is where the distinction between respecting religious traditions and upholding the law becomes crucial. There is a sense among sections of the general population that Buddhist monks should not be treated on a par with others and that requiring Ven. Gnanasara to appear in court without his robes was unjust and contrary to the national ethos. Such sentiments reflect the special place Buddhism occupies in Sri Lanka’s history and society. Sinhala Buddhist nationalism has been a potent political force throughout the country’s history, drawing on a heritage that extends back more than two millennia. The question is whether respect for Buddhism needs to also entail the exemption of individual monks from the ordinary requirements of the law and thereby treat them differently.

The challenge would be to accommodate legitimate religious concerns through rational and lawful procedures without allowing religious status to become a source of legal privilege. The government has been amenable to addressing the issue of monastic robes, but has so far resisted the demand to release Ven. Gnanasara through a new pardon. President Anura Kumara Dissanayake and government members have made it clear that the government would not bend the law to accommodate any individual. They have taken the position that any shortcomings in existing rules should be addressed by changing the rules through proper procedures, rather than by making an exception for a particular individual. If the government holds its position, it will demonstrate that its commitment to the rule of law extends even to constituencies that have historically enjoyed considerable political influence.

This is important not only for the country’s democratic institutions but also for its economic future. Sri Lanka is seeking to recover from its economic collapse and establish the foundations for sustained growth. The International Monetary Fund’s analysis of Sri Lanka’s governance weaknesses has repeatedly emphasised the economic costs of corruption and institutional deficiencies. Its 2024 analysis of governance and growth concluded that comprehensive and coherent reforms could bring significant macroeconomic benefits. The IMF’s 2025 assessment also highlighted the importance of sustained governance reforms in unlocking the country’s growth potential. Investors, both domestic and foreign, need confidence that public institutions function according to predictable rules, that contracts and property rights are protected, and that political connections or social status will not determine how the law is applied.

Sensitive Issue

Sri Lanka has long sought the leap towards prosperity that has proved elusive under successive governments. Economic reform alone will not achieve it. The connection between the rule of law and economic prosperity is direct. Businesses are more likely to invest when they can expect disputes to be resolved fairly, public resources to be managed transparently and regulatory decisions to be made on rational grounds. No country can achieve a durable economic take-off if its institutions are perceived to operate according to political favour, inherited privilege or communal pressure. Sri Lanka cannot afford to return to a political culture in which powerful interests are shielded from accountability while ordinary citizens bear the costs.

Changing a political culture that has evolved over the decades if not centuries is a difficult undertaking, particularly in a country where political leaders have long relied on religious and communal identities to consolidate their support. It requires not only firmness but also sensitivity, dialogue and a willingness to reform laws and institutions where genuine deficiencies exist. The present controversy offers an opportunity to demonstrate that these objectives need not be in conflict. The government can respect the Buddhist clergy’s concerns about the treatment of monks in prison while refusing to grant an individual an exemption from a judicial sentence. It can recognise the importance of Buddhism to the country while maintaining that no religious or political authority stands above the law.

The question is whether national traditions and ethos are interpreted in ways that strengthen justice, responsibility and social harmony, or invoked to defend privileges that undermine them. The country needs a transformation in public expectations from privilege to accountability, from communal claims to equal citizenship, and from personal discretion to institutions governed by law.

The government’s handling of the case involving Ven. Gnanasara is therefore about more than one monk or one sentence. This particular case will determine whether the government can build a system in which no government, religious authority or politically influential individuals can place themselves beyond the law. A just society must be able to honour both its traditions and its commitment to equality before the law.

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Lure of old hometown too hard to resist

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Highly adaptive one-man band / At Broadway Dehiwela on 24th October

Lanka was his homeland, and now it’s Australia, based in Sydney. But for legendary performer Roger Menezes, the lure of his old hometown is just too hard to resist — and he keeps coming this way, ever so often!

Roger is in town at the moment — his fourth trip for this year alone! In fact, for the last few years, he has been checking out Sri Lanka on a very frequent basis.

This time, he says, he will be here for just two weeks, as he has heavy commitments, Down Under, as a performer.

On the 24th of this month, he will be seen in action at Broadway Dehiwela, celebrating their second anniversary. It’s a homecoming of sorts, as he was the very first artiste to perform live at this venue, on their opening night!

He goes back to Sydney in November for an early Christmas party, and will be back, in Colombo, in December, for more performances, with a pre-New Year’s Eve party at the Broadway, on 30th December.

Roger says he also takes the opportunity, whenever he visits Sri Lanka, to soak in the beauty of our country, especially the serene scenes away from the hustle and bustle of Colombo!

Roger Menezes: Fourth trip for this year

Roger Menezes is truly a remarkable talent, and it is always a sheer pleasure to look into the careers of musicians who have left such a lasting, indelible mark on Sri Lanka’s rich musical heritage.

Known for his signature “hits and memories” performance style — a nostalgic, heart-warming blend of jazz, pop, and classic rock — he remains a foundational figure of Sri Lanka’s golden era of music.

He was deeply integrated into Colombo’s swinging 1960s and 70s music scene.

He played drums for iconic groups like The Savages, Thunderbirds, and Fireflies, played guitar for Sam the Man, and joined the legendary band The Jetliners as their keyboardist, saxophonist, and guitarist (additionally recording bass guitar tracks). He also fronted his own much-loved ensemble, Roger and the Webs.

He migrated to Sydney, Australia, in the early ’70s and the legend only grew.

In Australia, he founded the highly successful corporate and event bands Eastern Spice and Stay Tuned (alongside his wife Cheryl and family). Under his leadership, Stay Tuned was heavily involved in providing entertainment for corporate functions, organised by the Sydney 2000 Olympic Committee. The group also headlined the New Year’s Eve festivities at Sydney’s iconic Centrepoint Tower for five consecutive years!

Today, he is widely celebrated as a highly adaptive one-man band, simultaneously navigating vocals, keyboards, guitar, saxophone, and drums — a one-man orchestra who truly does it all!

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