Features
Proposed Penal Code amendmentand threat of promotion of sexual abuse of children – IV

by Kalyananda Tiranagama
Executive Director
Lawyers for Human Rights and Development
(The third part of this article appeared in The Island of 13 June 2023)
Joining the discussion, Freedom People’s Congress MP Prof. Charitha Herath has said that they would support decriminalization of same-sex relations, if and when the Bill is presented to Parliament.
‘‘We must engage with two domains to achieve the desired results. One is the political domain and the other is the cultural domain. We can change old fashioned political and cultural establishments through constant engagement. ‘’
‘’The technical approach alone will not usher in a meaningful change. That is why I highlight the importance of cultural discussions, as well, to overcome the existing barriers. Sometimes, I feel that these cultural platforms are forgotten by the younger generation,’’ Prof. Herath explained.
Minister Jeevan Thondaman countered the argument that culture was a barrier in achieving non-discrimination for the LGBTQ community in SL. He said ‘’ There is more than enough evidence from ancient history that same sex relations existed and they were very much embraced many, many centuries ago.’’ Thondaman pledged support to legislative reforms decriminalizing same-sex relations.
(E) Existing Penal Code provisions compared with Proposed Amendments
S. 365 of the original Penal Code: ‘’ Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine.’’
In the Penal Code there is no definition as to what is meant by carnal intercourse against the order of nature. According to Indian cases, acts of anal sex and oral sex were considered as carnal intercourse against the order of nature. The Police had no idea as to what is meant by it. Only where there was a complaint of a person having anal or vaginal sex with an animal, like a cow, goat or a bitch, they acted on it. This happened very, very seldom and this provision remained almost unenforced.
However, with the promotion of tourism in the 1980s, many incidents of foreign tourists having anal sex with male children were reported. The Police used to produce the suspects in courts for committing an offence not under this Section but under S. 365A of the Penal Code, carrying a much less penalty.
By 1995 Amendments, S. 365 was amended by adding a clause making it explicitly applicable to punish sexual abusers of children.
1995 Amendment of S. 365 of the Penal Code –
‘’ Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be punished with fine and where the offence is committed by a person over 18 years of age in respect of a person under 16 years of age, the offender shall be punished with rigorous imprisonment for a term not less than 10 years and not exceeding 20 years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for injuries caused to such person.’’
The new Bill proposes to repeal S. 365 and substitute it with the following section:
‘’Whoever voluntarily has carnal intercourse against the order of nature with an animal, shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also liable to fine.’’
Under the proposed Bill, anal or oral sex with any man, woman or child will no longer be considered as carnal intercourse against the order of nature; it will be considered as normal human sexual behaviour, not an offence punishable under the law.
This new Bill proposes to totally repeal S. 365A of the Penal Code, without any substitution.
S. 365A of the original Penal Code:
‘’Any male person who, in public or private, commits or is a party to the commission of, or procures or attempts to precure the commission by any male person, of any act of gross indecency with another male person shall be guilty of an offence and shall be punished with imprisonment of either description for a term which may extend up to two years or with fine or both, and shall also be liable to be punished with whipping.’’
This provision covered offences committed by male persons only. 1995 Amendment made it applicable to cover offences committed by both male and female persons and made provision for imposing deterrent penalties for offences committed on children.
1995 Amendment of S. 365A of the Penal Code –
‘’Any person who, in public or private, commits or is a party to the commission of, or procures or attempts to precure the commission by any person, of an act of gross indecency with another person is guilty of an offence punishable with imprisonment for a term which may extend up to two years or with fine or both and where the offence is committed by a person over 18 years of age in respect of any person under 16 years of age shall be punished with rigorous imprisonment for a term not less than 10 years and not exceeding 10 years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for injuries caused to such person.’’
The Supreme Court Determination on the Bill…
Three persons had filed an application – SC SD No. 13 / 2023 – in the Supreme Court challenging the constitutionality of this Bill. Fourteen petitions have been filed by persons seeking Court’s permission to intervene in the Application and the Court has allowed their applications. Out of the 14 intervenient applications, intervenient petitioners only in two applications have supported the petitioners opposing the Bill. Intervenient petitioners in 12 intervenient applications have supported the Bill, opposing the petitioners.
Among the Intervenient petitioners who supported the Bill, there were representatives of four foreign-funded NGOs that have played a leading role in the anti-Sri Lanka campaign carried on in the UN HRC in Geneva making wild allegations against the Govt.
of Sri Lanka since 2006; representatives of 3 or 4 LGBTQ groups; a former Professor in the Faculty of Law, University of Colombo; a leading NGO figure who has served as the President and two other women who have served as members of the Human Rights Commission of Sri Lanka; a women who has served as the President of the National Child Protection Authority; the person who moderated the discussion at the Canadian High Commission and a major activist in the LGBTQ movement in Sri Lanka.
Having examined and analysed the arguments and submissions of the Counsels for the petitioners, intervenient petitioners, respondents and the Attorney General, the Court has made its determination in a lengthy a Judgement. As mentioned in the Judgement:
This Bill proposes to repeal S. 365A in its entirety. ‘‘It must be reiterated that the cumulative effect of the Bill, as captured in Clause (2) (iii), is that sexual orientation of a person shall no longer be a punishable offence, and any consensual conduct between two adult persons of the same sex, irrespective of whether it takes place in private or public, shall no longer be an offence.’’ – P. 10
‘‘The Counsels who appeared for the petitioners opposing the Bill have presented four arguments in support of their position that the provisions of the Bill are violative of Articles 1,3, 4d, 9, 12(1), 13(4), 27(1), 27(2)(d) and 27(13) of the Constitution…It must, perhaps, be stated at the outset that in our view, ex facie, none of the four arguments impinge upon the provisions of Articles 1, 3, 4d, 12(1) and 13(4) of the Constitution….
‘‘The first argument was that the safeguards provided in Ss. 365 and 365A for the protection of children and those under 16 years of age will be taken away by the amendments proposed by the Bill, thereby creating space for exploitation of children and leaving a lacuna in the enforcement of the law relating to offences against children.
‘‘In this connection it was further submitted that:
exposure to lesbian, gay, bisexual and transgender (LGBT) programmes in schools could impact upon the free decision-making power of children and give rise to transgender children;
the enactment of the Bill would be contrary to the provisions in Article 27(13) which provides that ‘The state shall promote with special care the interests of children and youth, so as to ensure their full development, physical, mental, moral, religious and social, and protect them from exploitation and discrimination.’;
the protection presently afforded to children would be removed, if Ss. 365 and 365A are amended as proposed by the Bill, and that even a person under 16 years of age could engage in sexual activity with a person over 18 years of age.
‘‘ It is in this background that this Court was urged as the upper guardian of children to act in the best interests of the child and declare that the Bill is violative of Article 12(1).
The Stand taken by the State…
‘‘The learned Additional Solicitor General Haripriya Jayasundara, PC, submitted that women and children were the focus of the amendments introduced to the PC in 1995, and that while Ss. 365 and 365A were amended by increasing the punishment where one party was a person below the age of sixteen, S. 365B introduced a new offence titled ‘grave sexual abuse.’ It was further submitted by the Additional Solicitor General that the amendment introduced to S, 365B by the Penal Code Amendment Act No. 29 of 1998 specifically provides that consent with regard to any sexual conduct constituting grave sexual abuse is immaterial where the offence is committed in respect of a child below the age of 16. – vide S. 365B(1)(aa). It was her position that in the event the conduct of any person does not fall within the definition contained in S. 365B, S. 345 of the PC which deals with sexual harassment could be resorted to in order to protect children against any unwelcome sexual advances by words or action. Thus, the contention of the petitioners is unfounded and without any legal basis.’’
It appears that the Court has come to this conclusion on the basis of the submission made by the learned Additional Solicitor General. However, her submission is far from correct. It does not appear from the Judgement as to whether the Counsels of the petitioners made any attempt to show the fallacy of the submissions made by the learned ASG.
‘‘The second argument of the Counsels of the petitioners was that the impugned amendment will dilute the Rule of the Law and result in the life and liberty of the citizens being at risk. This argument is even more tenuous and the petitioners have not been able to connect passing of this Bill to any violation of the Rule of the Law.
‘‘The third argument was that a majority of those with HIV and Aids have history of male or bisexual exposure and that decriminalization of same-sex relationships will give rise to an increase in the number of persons infected with HIV and Aids. It was further submitted that this would have an adverse impact on national security by destroying individuals, families, communities, economic and socio-political institutions, and the military police forces, and that the protection granted by the Chapter on fundamental rights cannot be truly enjoyed without the provision of a safe, secure and protective environment in which a citizen of Sri Lanka may realize the full potential of his existence.
‘‘However, little to nothing has been submitted to this court in support of this proposition other than a singular point that HIV and Aids affect those engaging in same-sex intercourse more than those engaging in hetero-sexual intercourse. Hence, the material placed before this Court by the petitioners does not support their position that HIV and Aids are only prevalent in homo-sexuals or that the proposed amendment will result in an increase in the number of persons afflicted with HIV and Aids.
‘‘Counsels for some of the intervenient petitioners presented three important arguments. The first was that it is not only homo-sexual males who contract HIV, but female sex workers, returnee migrant workers and those who use or inject drugs. The second is that criminalization of homo-sexual conduct between two consenting adult males has only resulted in such persons being marginalised from society and thereby being deprived to access of proper health care which if available would address the spread of HIV and Aids among those persons. The third is that the amendment of S. 365 and S, 365A would facilitate the outreach to individuals and groups at a heightened risk of infection. The intervenient petitioners and the ASG agree on the point that the perception that HIV is disproportionately higher in homo-sexuals is due to the social stigma caused by the criminalization of their relationships…..The Counsels of petitioners did not adduce any scientifically acceptable evidence in support of this line of thinking.
The fourth and final argument was that ‘‘homo-sexual activity is contrary to the principles of Buddhism and therefore violates Article 9 of the Constitution…. The petitioners did not explain the manner in which the decriminalization of one’s sexual orientation derogates from the State’s duty protect and foster Buddha Sasana nor the point of how the proposed amendments are prohibited by or contrary to Buddha Sasana, except to state that it is an offence (parajika) for a Buddhist priest to have sexual relations with another, irrespective of whether the other person is of the same sex or opposite sex.
‘‘On the contrary, Mr. Sanjeewa Jayawardana, PC and Mr. Prasantha Lal de Alwis, PC, appearing for some of the intervenient petitioners submitted that: (a) Bhikkus and Bhikkunis have a separate code of conduct (Vinaya rules) and lay persons are not governed by the rules in the said code; (b) none of the ‘sutras’ focussed on the conduct of lay persons condemn homo-sexuality; (c) while the basic tenets of all religions are that all human beings should be treated fairly and equally irrespective of their circumstances, the fundamental teachings of Buddhism includes tolerance towards and equal treatment of all human beings and that Buddhism does not discriminate persons whose sexual orientation is anything other than hetero-sexual; (d) from whatever parity of reasoning, it would be outrageous for the petitioners to allege that a law which decriminalises homosexuality would result in the undermining of the Buddha Sasana.
‘’We are of the view that the final argument of the petitioners too lacks merit.
‘‘Most of the arguments put forward by and in support of the petitioners are largely based on speculation and may be disposed of summarily. For instance, the argument that children would be harmed by the passing of this Bill or the argument that there shall be an increase in the number of those afflicted with HIV and Aids is specious.’’ – P. 17 (To be continued)
Features
Thousands celebrate a chief who will only rule for eight years

Thousands of people have been gathering in southern Ethiopia for one of the country’s biggest cultural events.
The week-long Gada ceremony, which ended on Sunday, sees the official transfer of power from one customary ruler to his successor – something that happens every eight years.
The tradition of regularly appointing a new Abbaa Gadaa has been practised by the Borana community for centuries – and sees them gather at the rural site of Arda Jila Badhasa, near the Ethiopian town of Arero.
It is a time to celebrate their special form of democracy as well as their cultural heritage, with each age group taking the opportunity to wear their different traditional outfits.
These are paraded the day before the official handover during a procession when married women march with wooden batons, called “siinqee”.

[BBC]
The batons have symbolic values of protection for women, who use them during conflict.
If a siinqee stick is placed on the ground by a married woman between two quarrelling parties, it means the conflict must stop immediately out of respect.
During the procession, younger women lead at the front, distinguished from the married women by the different colour of their clothing.

[BBC]
In this pastoralist society women are excluded from holding the top power of Abbaa Gadaa, sitting on the council of elders or being initiated into the system as a child.
But their important role can be seen during the festival as they build all the accommodation for those staying for the week – and prepare all the food.
And the unique Gada system of governance, which was added to the UN’s cultural heritage list in 2016, allows for them to attend regular community meetings and to voice their opinions to the Abbaa Gadaa.

Gada membership is only open to boys whose fathers are already members – young initiates have their heads shaven at the crown to make their rank clear.
The smaller the circle, the older he is.

As the global cultural body UNESCO reports, oral historians teach young initiates about “history, laws, rituals, time reckoning, cosmology, myths, rules of conduct, and the function of the Gada system”.
Training for boys begins as young as eight years old. Later, they will be assessed for their potential as future leaders.

As they grow up, tests include walking long distances barefoot, slaughtering cattle efficiently and showing kindness to fellow initiates.
Headpieces made from cowrie shells are traditionally worn by young trainees. The only other people allowed to wear them are elderly women.
Both groups are revered by Borana community members.

Men aged between 28 and 32 are identified by the ostrich feathers they wear, which are known in the Afaan Oromo language as “baalli”.
Their attendance at the Gada ceremony is an opportunity to learn, prepare and bond as it is already known who the Abbaa Gadaa from this age group will be taking power in 2033.

The main event at the recent Gada ceremony was the handover of power, from the outgoing 48-year-old Abbaa Gadaa to his younger successor.
Well-wishers crossed the border from Kenya and others travelled from as far as Ethiopia’s capital, Addis Ababa, to witness the spectacle. The governor of Kenya’s Marsabit county was among the honoured guests.
Thirty-seven-year-old Guyo Boru Guyo, seen here holding a spear, was chosen to lead because he impressed the council of elders during his teenage years.

[BBC]
He becomes the 72nd Abbaa Gadaa and will now oversee the Borana community across borders – in southern Ethiopia and north-western Kenya.
As their top diplomat, he will also be responsible for solving feuds that rear their heads for pastoralists. These often involve cattle raiding and disputes over access to water in this drought-prone region.
During his eight years at the helm, his successor will finish his training to take on the job in continuation of this generations-old tradition.
[BBC]
Features
How universities lead transformation in global higher education

To establish a high-quality educational institution, it is essential to create a sustainable and flexible foundation that meets contemporary educational needs while adapting to future demands. The following outline a robust model for a successful and reputable educational institution. (See Image 1 and Graphs 1 and 2)
Faculty Excellence and Research Integration: Recruit faculty members with advanced qualifications, industry experience, and a strong commitment to student development. Integrate research as a cornerstone of teaching to encourage innovation, critical inquiry, and evidence-based learning. Establish dedicated research groups and facilities, fostering a vibrant research culture, led by senior academics, and providing hands-on research experience for students.
Infrastructure and Learning Environment: Develop modern, accessible campuses that accommodate diverse learning needs and provide a conducive environment for academic and extracurricular activities. Invest in state-of-the-art facilities, including libraries, laboratories, collaborative workspaces, and recreational areas to support well-rounded student development. Utilize technology-enhanced classrooms and virtual learning platforms to create dynamic and interactive learning experiences.
Global Partnerships and Multicultural Environment: Promote partnerships with reputable international universities and organizations to provide global exposure and collaborative opportunities. Encourage student and faculty exchange programmes, joint research, and international internships, broadening perspectives and building cross-cultural competencies. Cultivate a multicultural campus environment that embraces diversity and prepares students to thrive in a globalized workforce.
Industry Engagement and Graduate Employability: Collaborate closely with industry partners to ensure that programmes meet professional standards and graduates possess relevant, in-demand skills. Embed practical experiences, such as internships and work placements, within the academic curriculum, to enhance employability. Establish a dedicated career services team to support job placement, career counselling, and networking opportunities, maintaining high graduate employment rates.
Student-Centric Support Systems and Life Skills: Offer comprehensive student support services, including academic advising, mental health resources, and career development programmes. Provide opportunities for students to develop essential life skills such as teamwork, leadership, communication, and resilience. Promote a balanced academic and social life by fostering clubs, sports, and recreational activities that contribute to personal growth and community engagement.
Commitment to Sustainability and Social Responsibility: Integrate sustainability into campus operations and curricula, preparing students to lead in a sustainable future. Encourage social responsibility through community engagement, service-learning projects, and ethical research initiatives. Implement eco-friendly practices across campus, from energy-efficient buildings to waste reduction, promoting environmental awareness.
Governance, Independence, and Financial Sustainability: Establish transparent, ethical governance structures that promote accountability, inclusivity, and long-term planning. Strive for financial independence by building a sustainable revenue model that balances tuition, grants, partnerships, and philanthropic contributions. Prioritize flexibility in governance to adapt quickly to external changes while safeguarding institutional autonomy.
By emphasizing quality, inclusivity, innovation, and adaptability, an educational institution can cultivate a culture of academic excellence and social responsibility, producing well-rounded graduates who are equipped to succeed and contribute meaningfully to society. This framework provides a strategic approach to building an institution that thrives academically, socially, and economically.
Critique of the Traditional Sri Lankan University System
Outdated Curriculum and Lack of Industry Relevance: Many traditional universities in Sri Lanka operate with rigid curricula that are slow to adapt to rapidly changing industry needs, leaving graduates underprepared for the global workforce. Syllabi are often centered around theoretical knowledge with limited focus on practical, hands-on experience, problem-solving, and critical thinking skills.
Insufficient Research and Innovation Focus: The Sri Lankan university system places minimal emphasis on research, innovation, and practical application, which hinders the development of a strong research culture. Limited funding, resources, and incentives for faculty and students to pursue cutting-edge research reduce international visibility and publications, key factors in global rankings.
Lack of International Partnerships and Exposure: Traditional universities have minimal collaboration with foreign institutions, limiting opportunities for student exchange programmes, collaborative research, and global internships. This lack of exposure restricts students’ cultural awareness, adaptability, and networking skills, which are essential in today’s globalized economy.
Bureaucratic Governance and Inflexibility: Highly centralized and bureaucratic governance structures result in slow decision-making, stifling innovation and responsiveness to changing educational demands. Universities face significant limitations in introducing new programmes, hiring qualified faculty, and allocating resources, which affects their competitive edge and ability to adapt.
Underfunded Infrastructure and Resources: The lack of adequate funding for state-of-the-art infrastructure, technological resources, and modern learning spaces reduces the quality of education and student experience. Insufficient investment in libraries, laboratories, and virtual learning tools limits access to essential resources needed to build research capabilities and attract international students.
Limited Emphasis on Student-Centric Support Services: Support services such as career counselling, academic advising, and mental health resources are insufficiently developed in many institutions, impacting students’ overall well-being and employability. Universities often lack the means to prepare students for the workforce beyond academics, which results in graduates with high academic knowledge but limited job-ready skills.
Recommended Transformations for World-Class Standards
Curriculum Revamp with a Focus on Industry Relevance: Shift towards an interdisciplinary, outcome-based curriculum that aligns with industry requirements and promotes experiential learning. Establish partnerships with industries to incorporate internships, co-ops, and project-based learning, providing students with practical skills. Incorporate modules on critical thinking, problem-solving, and digital literacy, which are essential for employability and adaptability.
Enhancing Research Capacity and Innovation Ecosystem: Allocate dedicated funding for research and establish incentives for faculty and students to publish in high-impact journals. Develop specialized research centres and labs focusing on areas critical to national and global challenges, such as technology, sustainable development, and public health. Foster innovation hubs, incubators, and accelerators, within universities, to support entrepreneurship and collaboration with the private sector, driving societal impact and ranking potential.
International Partnerships and Global Exposure: Form alliances with reputable international universities to offer dual degrees, joint research programmes, and student and faculty exchange opportunities. Encourage academic collaborations that enable students to work on global projects, thereby enhancing cultural competence and preparing them for international careers. Create virtual exchange programmes and international seminars to engage students in global conversations without extensive travel requirements.
Autonomous and Responsive Governance: Decentralize governance to allow universities to make independent decisions on programmes, faculty hiring, and funding allocation, fostering flexibility and responsiveness. Implement performance-based accountability systems for university administrators, rewarding institutions that achieve excellence in teaching, research, and innovation. Empower universities to secure alternate funding sources through grants, industry partnerships, and philanthropic contributions, ensuring financial stability and academic independence.
Investment in Infrastructure and Digital Transformation: Prioritize investment in modern campus facilities, advanced laboratories, and digital learning environments to provide students with a high-quality academic experience. Expand access to online learning resources, digital libraries, and virtual classrooms, offering students a more adaptable, blended learning model. Create dedicated spaces for collaborative learning and interdisciplinary activities, fostering a culture of innovation and teamwork.
Robust Student-Centric Support Systems: Establish comprehensive support services, including career development, mental health resources, and academic advising, to help students navigate both academic and personal challenges. Introduce career-oriented training programmes focusing on employability skills, including communication, networking, and leadership, to prepare students for the workforce. Develop alumni networks and mentorship programmes, connecting students with successful graduates for career guidance and networking opportunities.
Emphasis on Sustainability and Social Responsibility: Embed sustainability principles in campus operations, curricula, and research activities to align with global priorities and contribute to the United Nations Sustainable Development Goals (SDGs). Initiate community engagement programmes that encourage students to apply their knowledge in real-world settings, fostering social responsibility and regional development. Encourage environmental initiatives, like waste reduction, energy efficiency, and green campus policies, reflecting a commitment to global best practices.
By adopting these strategies, traditional Sri Lankan universities can transform into competitive, globally recognized institutions. This shift would enable them to improve international rankings, increase graduate employability, attract a diverse student body, and contribute meaningfully to both the local and global knowledge economies.
The traditional university system in Sri Lanka, while rich in history and academic legacy, faces significant challenges in meeting the demands of the modern, globally connected world. The system requires critical reforms to enhance its alignment with international standards, improve rankings, and produce graduates ready for today’s dynamic job market. This essay discusses the shortcomings of the existing system and provides actionable recommendations to enable Sri Lankan universities to transform into globally competitive, high-ranking institutions.
(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT University, Malabe. He is also the author of the “Doing Social Research and Publishing Results”, a Springer publication (Singapore), and “Samaja Gaveshakaya (in Sinhala). The views and opinions expressed in this article are solely those of the author and do not necessarily reflect the official policy or position of the institution he works for. He can be contacted at saliya.a@slit.lk and www.researcher.com)
Features
Govt. needs to explain its slow pace

by Jehan Perera
It was three years ago that the Aragalaya people’s movement in Sri Lanka hit the international headlines. The world watched a celebration of democracy on the streets of Colombo as tens of thousands of people of all ages and communities gathered to demand a change of government. The Aragalaya showed that people have the power, and agency, to make governments at the time of elections and also break governments on the streets through non-violent mass protest. This is a very powerful message that other countries in the region, particularly Bangladesh and Pakistan in the South Asian region, have taken to heart from the example of Sri Lanka’s Aragalaya. It calls for adopting ‘systems thinking’ in which there is understanding of the interconnectedness of complex issues and working across different sectors and levels that address root causes rather than just the symptoms.
Democracy means that power is with the people and they do not surrender it to the government to become inert and let the government do as it wants, especially if it is harming the national interest. This also calls for collaboration across sectors, including political parties, businesses, NGOs and community groups, to create a collective effort towards change as it did during the Aragalaya. The government that the Aragalaya protest movement overthrew through street power was one that had been elected by a massive 2/3 majority that was unprecedented in the country under the proportional electoral system. It also had more than three years of its term remaining. But when it became clear that it was jeopardizing the national interest rather than furthering it, and inflicted calamitous economic collapse, the people’s power became unstoppable.
A similar situation arose in Bangladesh, a year ago, when the government of Sheikh Hasina decided to have a quota that favoured her ruling party’s supporters in the provision of scarce government jobs to the people. In the midst of economic hardship, this became a provocation to the people of Bangladesh. They saw the corruption and sense of entitlement in those who were ruling the country, just as the Sri Lankan people had seen in their own country two years earlier. This policy sparked massive student-led protests, with young people taking to the streets to demand equitable opportunities and an end to nepotistic practices. They followed the Sri Lankan example that they had seen on the television and social media to overthrow a government that had won the last election but was not delivering the results it had promised.
CONSTITUTIONAL PROCESS
Despite similarities, there are also major differences between Bangladesh and Sri Lankan uprisings. In Sri Lanka, the protest movement achieved its task with only a minimal loss of life. In Bangladesh, the people mobilized against the government which had become like a dictatorship and which used a high level of violence in trying to suppress the protests. In Sri Lanka, the transition process was the constitutionally mandated one and also took place non-violently. When President Gotabaya Rajapaksa resigned, Prime Minister Ranil Wickremesinghe succeeded him as the acting President, pending a vote in Parliament which he won. President Wickremesinghe selected his Cabinet of Ministers and governed until his presidential term ended. A new President Anura Kumara Dissanayake was elected at the presidential elections which were the most peaceful elections in the country’s history.
In Bangladesh, the fleeing abroad of Prime Minister Hasina was not followed by Parliament electing a new Prime Minister. Instead, the President of Bangladesh Mohammed Shahabuddin appointed an interim government, headed by NGO leader Muhammad Yunus. The question in Bangladesh is how long will this interim government continue to govern the country without elections. The mainstream political parties, including that of the deposed Prime Minister, are calling for early elections. However, the leaders of the protest movement that overthrew the government on the streets and who experienced a high level of violence do not wish elections to be held at this time. They call for a transitional justice process in which the truth of what happened is ascertained and those who used violence against the people are held accountable.
By way of contrast, in Sri Lanka, which went through a legal and constitutional process to achieve its change of government there is little or no demand for transitional justice processes against those who held office at the time of the Aragalaya protests. Even those against whom there are allegations of human rights violations and corruptions are permitted to freely contest the elections. But they were thoroughly defeated and the people elected a new NPP government with a 2/3 majority in Parliament, many of whom are new to politics and have no association with those who governed the country in the past. This is both a strength and a weakness. It is a strength in that the members of the new government are idealistic and sincere in their efforts to improve the life of the people. But their present non-consultative and self-reliant approach can lead to erroneous decisions, such as to centrally appoint a majority of council members, who are of Sinhalese ethnicity, to the Eastern University which has a majority of Tamil faculty and students.
UNRESOLVED PROBLEMS
The problem for the new government is that they inherited a country with massive unresolved problems, including the unresolved ethnic conflict which requires both sensitivity and consultations to resolve. The most pressing problem, by any measure, is the economic problem in which 25 percent of the population have fallen below the poverty line, which is double the percentage that existed three years ago. Despite the appearance of high-end consumer spending, the gap between the rich and poor has increased significantly. The day-to-day life of most people is how to survive economically. The former government put the main burden of repaying the foreign debts and balancing the budget on the poorer sections of the population while sparing those at the upper end, who are expected to be engines of the economy. The new government has to change this inequity but it has little leeway to do so, because the government’s treasury has been emptied by the misdeeds of the past.
Despite having a 2/3 majority in Parliament, the government is hamstrung by its lack of economic resources and the recalcitrance of the prevailing system that continues to be steeped in the ways of the past. President Dissanayake has been forthright about this when he addressed Parliament during the budget debate. He said, “the country has been transformed into a shadow criminal state. While we see a functioning police force, military, political authority and judiciary on the surface, beneath this structure exists an armed underworld with ties to law enforcement, security forces and legal professionals. This shadow state must be dismantled. There are two approaches to dealing with this issue: either aligning with the criminal underworld or decisively eliminating it. Unlike previous administrations, which coexisted with organized crime, the NPP-led government is determined to eradicate it entirely.”
Sri Lanka’s new government has committed to holding local government elections within two months unlike Bangladesh’s protest leaders, who demand that transitional justice and accountability for past crimes take precedence over elections. This decision aligns with constitutional mandates and upholds a Supreme Court ruling that the previous government had ignored. However, holding elections so soon after a major political shift poses risks. The new government has yet to deliver on key promises—bringing economic relief to struggling families and prosecuting those responsible for corruption. It needs to also address burning ethnic and religious grievances, such as the building of Buddhist religious sites where there are no members of that community living there. If voters lose patience, political instability could return. The people need to be farsighted when they make their decision to vote. As citizens they need to recognise that systemic change takes time.
-
News5 days ago
Private tuition, etc., for O/L students suspended until the end of exam
-
Features6 days ago
Shyam Selvadurai and his exploration of Yasodhara’s story
-
Editorial7 days ago
Cooking oil frauds
-
Editorial4 days ago
Ranil roasted in London
-
Latest News4 days ago
S. Thomas’ beat Royal by five wickets in the 146th Battle of the Blues
-
News5 days ago
Teachers’ union calls for action against late-night WhatsApp homework
-
Sports7 days ago
Royal favourites at the 146th Battle of the Blues
-
Editorial6 days ago
Heroes and villains