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Prosecutorial Vs. Victim-based approaches to accountability

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UNHRC

by Neville Ladduwahetty

A report in The Island (May 20, 2024) states that the UN human rights office has “criticised the Sri Lankan government’s failure to acknowledge and hold accountable the perpetrators of tens of thousands of enforced disappearances … Authors of the report also accuse the Liberation Tigers of Tamil Eelam of “engaging in abductions” which were described as “tantamount” to enforced disappearances” (May 20, 2024). Continuing, the report adds that the UN. The High Commissioner for Human Rights had stated: “Accountability must be addressed. We need to see institutional reform for reconciliation to succeed”.

In the meantime, the Secretary General of Amnesty International (AI) had “called for Sri Lanka to be referred to the UN Security Council and subjected to international war crimes inquiry when she participated to pay tribute to those who perished at Mullivaikkal. While the call for Sri Lanka to be referred to the Security Council may have pleased those who came to pay tribute, the reality is that such a referral would inevitably be vetoed. However, the fact remains that AI along with the UN Human Rights is advocating a prosecutorial approach to Accountability.

For instance, the Nuremberg Trial was strictly prosecutorial. In contrast, the Marshall Aid Plan was Victim based. While the objective of the former was to seek justice for the victims by prosecuting the perpetrators of the crimes, it was the latter that enabled Germany to recover and join the community of nations as a powerful and respected member.

The question that divides scholars and others who pursue accountability is; which approach to adopt. Should it be prosecutorial or victim based? While some, such as the UN report cited above advocate a prosecutorial approach for the sake of justice, others such as the High Commissioner are non-committal as to which approach to adopt. Yet, others want some aspects of both approaches. Therefore, the first question to be addressed is which approach to adopt, taking into account the particularities of the Sri Lankan society and the background that led to the armed conflict.

ESTABLISHING the CONTEXT

At a fundamental level, the raison d’etre for the armed conflict was the deep sense of grievance felt by the Tamil community; a circumstance they believed could only be overcome by resorting to an armed conflict to establish a separate state for themselves. For those representing the State of Sri Lanka, their bounden duty was to protect and preserve the territorial integrity of their cherished unitary state in keeping with Article 3 of Protocol II that state: “Nothing in the Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the responsibility of the government by all legitimate means to maintain or re-establish law and order in the State or to defend the national unity and territorial integrity of the State”. The only means by which these vastly contending positions could be resolved was through an armed conflict; a fact recognized by the UN Human Rights Commission in paragraph 182 and 183 of their OISL report of 2015.

Pargraph 182 states: “Article 3 common to the four Geneva Conventions relating to conflicts not of an international character is applicable to the situation in Sri Lanka, with all parties to the conflict bound to respect the guarantees pertaining to the treatment of civilians ….”

Paragraph 183 states: “In addition, the government and armed groups that are parties to the conflict are bound alike by the relevant rules of customary international law applicable in non-international armed conflict”.

Therefore, if both the Sri Lankan State and the LTTE “are bound alike” by the relevant rules of customary international law applicable in non-international armed conflict”, why is all the attention to address accountability ONLY fixated on the Sri Lankan State and none on the LTTE. Since most of those who perished in Mullivaikkal were victims of the policy adopted by the LTTE to take civilians hostage, and continue to endanger the security of hundreds of thousands taken hostage by continuing to engage in hostilities, should NOT the LTTE also be held accountable? This being the case, would the evidence gathering that is currently being undertaken by the UNHRC in order to exercise Universal Jurisdiction, also apply to policies such as hostage taking and shooting escapees?

PROSECUTORIAL APPROACH

Judging from the attention given ONLY to the government of Sri Lanka by the UNHRC and by entities such as AI, the outcome of any judicial processes would be skewed, which means NO justice, despite the fact that the Sri Lankan Government and the LTTE “are bound alike” by relevant rules of customary international law as in common Article 3 and Protocol II; a fact confirmed below.

INTERNATIONAL COURT OF JUSTICE, Judgment of 27 June 1986,
(NICARAGUA v. UNITED STATES OF AMERICA), MERITS
Judgment – para. 215 to 292

“The conflict between the contras’ forces and those of the Government of Nicaragua is an armed conflict which is “not of an international character”. The acts of the contras towards the Nicaraguan Government are therefore governed by the law applicable to conflicts of that character; whereas the actions of the United States in and against Nicaragua fall under the legal rules relating to international conflicts. Because the minimum rules applicable to international and to non-international conflicts are identical, there is no need to address the question whether those actions must be looked at in the context of the rules which operate for the one or for the other category of conflict. The relevant principles are to be looked for in the provisions of Article 3 of each of the four Conventions of August 12, 1949, the text of which, identical in each Convention, expressly refers to conflict not having an international character” (ICJ Judgment, Nicaragua v. U.S para 215 – 292)

“In the Military and Paramilitary Activities in and against Nicaragua, the International Court of Justice observed that the acts of the Contras, fighting against the Nicaraguan Government, were governed by the law applicable to armed conflict not of an international character i.e. Common Article 3. Similarly, in the Tublada case, the Inter-American Commission considered”: Common Article 3’s mandatory provisions expressly bind and apply equally to both parties in internal conflicts, i.e. government and dissident forces. Moreover, the obligation to apply Common Article 3 is absolute for both parties and independent of the obligation of the other. Therefore, both the MTP attackers [the armed opposition group fighting in the conflict under consideration] and the Argentina armed forces had the same duties under humanitarian law” (Zegveld, Accountability of Armed Opposition Groups in International Law, p.21, ICJ Judgment Nicaragua v. US para 119 and Case No. 11/137).

Judging from the ICJ opinions cited above, it is certain that not only violations by the Sri Lanka Government but also violations perpetrated by the LTTE should be reviewed in the course of a Judicial Trial, since they are “bound alike”. Therefore, although violations by the Government forces and LTTE would be judged by Common Article 3, the fact remains that the leadership of the LTTE who ordered the taking of 300,000 plus civilians, hostage is not among the living or has disappeared, and cannot be subjected to a trial despite the fact that the act of taking civilians hostage amount to a war crime and a crime against humanity. Thus, the exercise of gathering evidence against Government perpetrators pales in significance compared with endangering the security of 300,000 plus civilians that were taken hostage. Despite this, a prosecutorial process would mean a skewed outcome of any trial because of the strong possibility that violations perpetrated by the Sri Lankan Government would dominate the trial.

Thus, while a few of those associated with the LTTE would have to face prosecution, the majority cannot be located or identified since they have acquired new identities and are domiciled in foreign countries. Also, others who were in positions to exercise command responsibility, but are no longer among the living cannot be prosecuted for the crimes committed, e.g. taking 300,000 civilians hostage and killing those who attempted to escape.

Under circumstances where it would be next to impossible to identify and prosecute former members of the LTTE because they are dispersed primarily in the West with fresh identities, a prosecutorial approach would lead to an asymmetric outcome resulting in the polarization of the two communities to a degree that could give cause for instability and even resumption of hostilities since the numbers associated with successive Governments who could be identified and prosecuted would significantly be more.

Furthermore, while it would be possible to identify those associated with the Government responsible for command, it is NOT possible to identify the leaders of the LTTE who were responsible because they are no longer among the living.

The net effect of such an asymmetric outcome following a prosecutorial process would permanently damage the efforts advocated and undertaken to bring about reconciliation.by successive Governments. For the UNHRC to include the provision in several of its Resolutions that “a credible justice process should include independent judicial and prosecutorial institutions….”, is because their perception is based on the premise that prosecuting the guilty would foster reconciliation.

While such a premise may be applicable to normal law and order situations, it is NOT applicable to Sri Lanka’s armed conflict that spanned three decades involving two communities if the prosecutorial process causes disproportionate outcomes as referred to above. Furthermore, if the outcome is such that more from the Sinhala majority community is prosecuted than from the minority Tamil community for whatever reason, the consequences would be to seriously setback the reconciliation processes; an outcome that defeats what the UNHRC hopes to achieve.

VICTIM BASED APPROACH

The real possibility of such serious outcomes, requires that the scope of the investigation is limited to such a degree that legal prosecution is not possible in the context of Sri Lanka. However, the scope of the investigation could be such that it is possible to establish the body of evidence associated with a particular incident There is strong evidence that the security forces targeted temporary hospitals despite being aware of their location. However, there is also counter evidence that the LTTE directed artillery fire from such locations and moved their ordinance soon after, thus tempting the security forces to target these make-shift hospitals. The investigation would then be limited to what each party to the conflict did in a given situation and not go beyond as to who was culpable to warrant prosecution under the relevant laws. Investigations would thus be a record of actions taken by respective parties to the conflict without delving further to establish which party was responsible for which violation of which laws, Human Rights or Humanitarian.

While this concept takes root, the leadership of both communities should jointly develop mechanisms to address the needs of victims and take joint responsibility for their implementation, instead of depending solely on the elected Government for Reconciliation to be effective and unity restored.

 CONCLUSION

 In light of the hard reality associated with prosecutorial processes cited above, and the ruling by the International Court of Justice in the case. Nicaragua v. U.S the “acts of the Contras fighting against the Nicaraguan Government were governed by the law applicable to armed conflict not of an international character i.e. Common Article 3…”. Therefore, the approach should be to limit investigations, not with the intent of prosecution because it would be skewed for reasons cited above. but with the intent of recording the events that occurred during the armed conflict, and which party to the armed conflict could be identified with the respective violations with a view to use this body of evidence to institute reforms to prevent recurrence.

It is indeed a matter of serious concern that successive Sri Lankan Governments have failed to acknowledge that the Sri Lankan Security Forces and the LTTE are bound alike by the laws applicable to the armed conflict in Sri Lanka. This has seriously dented addressing issues of accountability in a balanced manner.

At the end of such investigations the present leadership of the parties to the conflict should acknowledge the serious omissions and commissions committed by both parties and move on by declaring the broadest possible amnesty to all who were associated with the conflict as stated in Section 5 of Article 6 of the Additional protocol II of 1977.

Article 6 Section 5 States: “At the end of hostilities, the authorities in power shall endeavor to grant the broadest possible amnesty to persons who have participated in the armed conflict, or those deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained”.

Since such amnesties and pardons have been instituted starting with the release of child soldiers and nearly 11,000 plus former LTTE combatants and more recently the release of prisoners, the practice has been in operation from time to time. This process would have gained momentum if not for the clamour for prosecutorial processes locally and resolutions of UNHRC that are tantamount to External intervention. The need therefore, is to regularize this practice and bring closure to an issue whose time has come.



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Voting for new Pope set to begin with cardinals entering secret conclave

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Voting desks for 133 cardinals have been set up inside the Sistine Chapel ahead of the conclave.

On Wednesday evening, under the domed ceiling of Michelangelo’s Sistine Chapel, 133 cardinals will vote to elect the Catholic Church’s 267th pope.

The day will begin at 10:00 (09:00 BST) with a mass in St Peter’s Basilica. The service, which will be televised, will be presided over by Giovanni Battista Re, the 91-year-old Cardinal Dean who was also the celebrant of Pope Francis’ funeral.

In the early afternoon, mobile signal within the territory of the Vatican will be deactivated to prevent anyone taking part in the conclave from contacting the outside world.

Around 16:15 (15:15 BST), the 133 cardinal electors will gather in the Pauline Chapel and form a procession to the Sistine Chapel.

Once in the Sistine Chapel, one hand resting on a copy of the Gospel, the cardinals will pronounce the prescribed oath of secrecy which precludes them from ever sharing details about how the new Pope was elected.

When the last of the electors has taken the oath, a meditation will be held. Then, the Master of Pontifical Liturgical Celebrations Diego Ravelli will announce “extra omnes” (“everybody out”).

He is one of three ecclesiastical staff allowed to stay in the Sistine Chapel despite not being a cardinal elector, even though they will have to leave the premises during the counting of the votes.

The moment “extra omnes” is pronounced marks the start of the cardinals’ isolation – and the start of the conclave.

The word, which comes from the Latin for “cum clave”, or “locked with key” is slightly misleading, as the cardinals are no longer locked inside; rather, on Tuesday Vatican officials closed the entrances to the Apostolic Palace – which includes the Sistine Chapel- with lead seals which will remain until the end of the proceedings. Swiss guards will also flank all the entrances to the chapel.

Getty Images Saint Peter's statue appears in the foreground.  Dozens of cardinals, wearing red, are seen during the funeral ceremony of Pope Francis at Saint Peter's Square in Vatican on April 26, 2025.
Cardinals gathered during the funeral of Pope Francis at Saint Peter’s Square in Vatican in April [BBC]

Diego Ravelli will distribute ballot papers, and the cardinals will proceed to the first vote soon after.

While nothing forbids the Pope from being elected with the first vote, it has not happened in centuries. Still, that first ballot is very important, says Austen Ivereigh, a Catholic writer and commentator.

“The cardinals who have more than 20 votes will be taken into consideration. In the first ballot the votes will be very scattered and the electors know they have to concentrate on the ones that have numbers,” says Ivereigh.

He adds that every other ballot thereafter will indicate which of the cardinals have the momentum. “It’s almost like a political campaign… but it’s not really a competition; it’s an effort by the body to find consensus.”

If the vote doesn’t yield the two-third majority needed to elect the new pope, the cardinals go back to guesthouse Casa Santa Marta for dinner. It is then, on the sidelines of the voting process, that important conversations among the cardinals take place and consensus begins to coalesce around different names.

According to Italian media, the menu options consist of light dishes which are usually served to guests of the residence, and includes wine – but no spirits. The waiters and kitchen staff are also sworn to secrecy and cannot leave the grounds for the duration of the conclave.

Getty Images Pope Francis, wearing white, waves as he leaves St. Peter's Square at the the end of Palm Sunday Mass on March 29, 2015 in Vatican City, Vatican.
Pope Francis died at the age of 88 on Easter Monday 2025 [BBC]

From Thursday morning, cardinals will be taking breakfast between 06:30 (05:30 BST) and 07:30 (06:30 BST) ahead of mass at 08:15 (07:15 BST). Two votes then take place in the morning, followed by lunch and rest. In his memoirs, Pope Francis said that was when he began to receive signals from the other cardinals that serious consensus was beginning to form around him; he was elected during the first afternoon vote. The last two conclaves have all concluded by the end of the second day.

There is no way of knowing at this stage whether this will be a long or a short conclave – but cardinals are aware that dragging the proceedings on could be interpreted as a sign of gaping disagreements.

As they discuss, pray and vote, outside the boarded-up windows of the Sistine Chapel thousands of faithful will be looking up to the chimney to the right of St Peter’s Basilica, waiting for the white plume of smoke to signal that the next pope has been elected.

[BBC]

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Beyond Left and Right: From Populism to Pragmatism and Recalibrating Democracy

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Jagmeet Singh: Leader of Canada’s Progressive Voice, the New Democratic Party

The world is going through a political shake-up. Everywhere you look—from Western democracies to South Asian nations—people are choosing leaders and parties that seem to clash in ideology. One moment, a country swings left, voting for progressive policies and climate action. The next, a neighbouring country rushes into the arms of right-wing populism, talking about nationalism and tradition.

It’s not just puzzling—it’s historic. This global tug of war between opposing political ideas is unlike anything we’ve seen in recent decades. In this piece, I explore this wave of political contradictions, from the rise of labour movements in Australia and Canada, to the continued strength of conservative politics in the US and India, and finally to the surprising emergence of a radical leftist party in Sri Lanka.

Australia and Canada: A Comeback for Progressive Politics

Australia recently voted in the Labour Party, with Anthony Albanese becoming Prime Minister after years of conservative rule under Scott Morrison. Albanese brought with him promises of fairer wages, better healthcare, real action on climate change, and closing the inequality gap. For many Australians, it was a fresh start—a turn away from business-as usual politics.

In Canada, a political shift is unfolding with the rise of The Right Honourable Mark Carney, who became Prime Minister in March 2025, after leading the Liberal Party. Meanwhile, Jagmeet Singh and the New Democratic Party (NDP) are gaining traction with their progressive agenda, advocating for enhanced social safety nets in healthcare and housing to address growing frustrations with rising living costs and a strained healthcare system..

But let’s be clear—this isn’t a return to old-school socialism. Instead, voters seem to be leaning toward practical, social-democratic ideas—ones that offer government support without fully rejecting capitalism. People are simply fed up with policies that favour the rich while ignoring the struggles of everyday families. They’re calling for fairness, not radicalism.

America’s Rightward Drift: The Trump Effect Still Lingers

In contrast, the political story in the United States tells a very different tale. Even after Donald Trump left office in 2020, the Republican Party remains incredibly powerful—and popular.

Trump didn’t win hearts through traditional conservative ideas. Instead, he tapped into a raw frustration brewing among working-class Americans. He spoke about lost factory jobs, unfair trade deals, and an elite political class that seemed disconnected from ordinary life. His messages about “America First” and restoring national pride struck a chord—especially in regions hit hard by globalisation and automation.

Despite scandals and strong opposition, Trump’s brand of politics—nationalist, anti-immigration, and skeptical of global cooperation—continues to dominate the Republican Party. In fact, many voters still see him as someone who “tells it like it is,” even if they don’t agree with everything he says.

It’s a sign of a deeper trend: In the US, cultural identity and economic insecurity have merged, creating a political environment where conservative populism feels like the only answer to many.

India’s Strongman Politics: The Modi Era Continues

Half a world away, India is witnessing its own version of populism under Prime Minister Narendra Modi. His party—the Bharatiya Janata Party (BJP)—has ruled with a blend of Hindu nationalism, economic ambition, and strong leadership.

Modi is incredibly popular. His supporters praise his development projects, digital push, and efforts to raise India’s profile on the global stage. But critics argue that his leadership is dividing the country along religious lines and weakening its long-standing secular values.

Still, for many Indians—especially the younger generation and the rural poor—Modi represents hope, strength, and pride. They see him as someone who has delivered where previous leaders failed. Whether it’s building roads, providing gas connections to villages, or cleaning up bureaucracy, the BJP’s strong-arm tactics have resonated with large sections of the population.

India’s political direction shows how nationalism can be powerful—especially when combined with promises of economic progress and security.

A Marxist Comeback? Sri Lanka’s Political Wild Card

Then there’s Sri Lanka—a country in crisis, where politics have taken a shocking turn.

For decades, Sri Lanka was governed by familiar faces and powerful families. But after years of financial mismanagement, corruption, and a devastating economic collapse, public trust in mainstream parties has plummeted. Into this void stepped a party many thought had been sidelined for good—the Janatha Vimukthi Peramuna (JVP), a Marxist-Leninist group with a history of revolutionary roots.

Once seen as radical and even dangerous, the JVP has rebranded itself as a disciplined, modern political force. Today, it speaks directly to the country’s suffering masses: those without jobs, struggling to buy food, and fed up with elite corruption.

The party talks about fair wealth distribution, workers’ rights, and standing up to foreign economic pressures. While their ideas are left-leaning, their growing support is driven more by public frustration with current political leaders than by any shift toward Marxism by the public or any move away from it by the JVP.

Sri Lanka’s case is unique—but not isolated. Across the world, when economies collapse and inequality soars, people often turn to ideologies that offer hope and accountability—even if they once seemed extreme.

A Global Puzzle: Why Are Politics So Contradictory Now?

So what’s really going on? Why are some countries swinging left while others turn right?

The answer lies in the global crises and rapid changes of the past two decades. The 2008 financial crash, worsening inequality, mass migrations, terrorism fears, the COVID-19 pandemic, and now climate change have all shaken public trust in traditional politics.

Voters everywhere are asking the same questions: Who will protect my job? Who will fix healthcare? Who will keep us safe? The answers they choose depend not just on ideology, but on their unique national experiences and frustrations.

In countries where people feel abandoned by global capitalism, they may choose left-leaning parties that promise welfare and fairness. In others, where cultural values or national identity feel under threat, right-wing populism becomes the answer.

And then there’s the digital revolution. Social media has turbocharged political messaging. Platforms like Twitter, Facebook, and YouTube allow both left and right movements to reach people directly—bypassing traditional media. While this has given power to progressive youth movements, it’s also allowed misinformation and extremist views to flourish, deepening polarisation.

Singapore: The Legacy of Pragmatic Leadership and Technocratic Governance

Singapore stands as a unique case in the global political landscape, embodying a model of governance that blends authoritarian efficiency with capitalist pragmatism. The country’s political identity has been shaped largely by its founding Prime Minister, Lee Kuan Yew, often regarded as a political legend for transforming a resource-poor island into one of the most prosperous and stable nations in the world. His brand of leadership—marked by a strong central government, zero tolerance for corruption, and a focus on meritocracy—has continued to influence Singapore’s political ideology even after his passing. The ruling People’s Action Party (PAP), which has been in power since independence, remains dominant, but it has had to adapt to a new generation of voters demanding more openness, transparency, and participatory governance.

Despite criticisms of limited political pluralism, Singapore’s model is often admired for its long-term planning, public sector efficiency, and ability to balance rapid economic development with social harmony. In an era of rising populism and political fragmentation elsewhere, Singapore’s consistent technocratic approach provides a compelling counter-narrative—one that prioritises stability, strategic foresight, and national cohesion over ideological extremes.

What the Future Holds

We are living in a time where political boundaries are blurring, and old labels don’t always fit. Left and right are no longer clear-cut. Populists can be socialist or ultra-conservative. Liberals may support strong borders. Conservatives may promote welfare if it wins votes.

What matters now is trust—people are voting for those who seem to understand their pain, not just those with polished manifestos.

As economic instability continues and global challenges multiply, this ideological tug-of-war is likely to intensify. Whether we see more progressive reforms or stronger nationalist movements will depend on how well political leaders can address real issues, from food security to climate disasters.

One thing is clear: the global political wave is still rising. And it’s carrying countries in very different directions.

Conclusion

The current wave of global political ideology is defined by its contradictions, complexity, and context-specific transformations. While some nations are experiencing a resurgence of progressive, left-leaning movements—such as Australia’s Labour Party, Canada’s New Democratic Party, and Sri Lanka’s Marxist-rooted JVP—others are gravitating toward right-wing populism, nationalist narratives, and conservative ideologies, as seen in the continued strength of the US Republican Party and the dominant rule of Narendra Modi’s BJP in India. Amid this ideological tug-of-war, Singapore presents a unique political model. Eschewing populist swings, it has adhered to a technocratic, pragmatic form of governance rooted in the legacy of Lee Kuan Yew, whose leadership transformed a struggling post-colonial state into a globally admired economic powerhouse. Singapore’s emphasis on strategic planning, meritocracy, and incorruptibility provides a compelling contrast to the ideological turbulence in many democracies.

What ties these divergent trends together is a common undercurrent of discontent with traditional politics, growing inequality, and the digital revolution’s impact on public discourse. Voters across the world are searching for leaders and ideologies that promise clarity, security, and opportunity amid uncertainty. In mature democracies, this search has split into dual pathways—either toward progressive reform or nostalgic nationalism. In emerging economies, political shifts are even more fluid, influenced by economic distress, youth activism, and demands for institutional change.

Ultimately, the world is witnessing not a single ideological revolution, but a series of parallel recalibrations. These shifts do not point to the triumph of one ideology over another, but rather to the growing necessity for adaptive, responsive, and inclusive governance. Whether through leftist reforms, right-wing populism, or technocratic stability like Singapore’s, political systems will increasingly be judged not by their ideological purity but by their ability to address real-world challenges, unite diverse populations, and deliver tangible outcomes for citizens. In that respect, the global political wave is not simply a matter of left vs. right—it is a test of resilience, innovation, and leadership in a rapidly evolving world.

(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT , 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)

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An opportunity to move from promises to results

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The local government elections, long delayed and much anticipated, are shaping up to be a landmark political event. These elections were originally due in 2023, but were postponed by the previous government of President Ranil Wickremesinghe. The government of the day even defied a Supreme Court ruling mandating that elections be held without delay. They may have feared a defeat would erode that government’s already weak legitimacy, with the president having assumed office through a parliamentary vote rather than a direct electoral mandate following the mass protests that forced the previous president and his government to resign. The outcome of the local government elections that are taking place at present will be especially important to the NPP government as it is being accused by its critics of non-delivery of election promises.

Examples cited are failure to bring opposition leaders accused of large scale corruption and impunity to book, failure to bring a halt to corruption in government departments where corruption is known to be deep rooted, failure to find the culprits behind the Easter bombing and failure to repeal draconian laws such as the Prevention of Terrorism Act. In the former war zones of the north and east, there is also a feeling that the government is dragging its feet on resolving the problem of missing persons, those imprisoned without trial for long periods and return of land taken over by the military. But more recently, a new issue has entered the scene, with the government stating that a total of nearly 6000 acres of land in the northern province will be declared as state land if no claims regarding private ownership are received within three months.

The declaration on land to be taken over in three months is seen as an unsympathetic action by the government with an unrealistic time frame when the land in question has been held for over 30 years under military occupation and to which people had no access. Further the unclaimed land to be designated as “state land” raises questions about the motive of the circular. It has undermined the government’s election campaign in the North and East. High-level visits by the President, Prime Minister, and cabinet ministers to these regions during a local government campaign were unprecedented. This outreach has signalled both political intent and strategic calculation as a win here would confirm the government’s cross-ethnic appeal by offering a credible vision of inclusive development and reconciliation. It also aims to show the international community that Sri Lanka’s unity is not merely imposed from above but affirmed democratically from below.

Economic Incentives

In the North and East, the government faces resistance from Tamil nationalist parties. Many of these parties have taken a hardline position, urging voters not to support the ruling coalition under any circumstances. In some cases, they have gone so far as to encourage tactical voting for rival Tamil parties to block any ruling party gains. These parties argue that the government has failed to deliver on key issues, such as justice for missing persons, return of military-occupied land, release of long-term Tamil prisoners, and protection against Buddhist encroachment on historically Tamil and Muslim lands. They make the point that, while economic development is important, it cannot substitute for genuine political autonomy and self-determination. The failure of the government to resolve a land issue in the north, where a Buddhist temple has been put up on private land has been highlighted as reflecting the government’s deference to majority ethnic sentiment.

The problem for the Tamil political parties is that these same parties are themselves fractured, divided by personal rivalries and an inability to form a united front. They continue to base their appeal on Tamil nationalism, without offering concrete proposals for governance or development. This lack of unity and positive agenda may open the door for the ruling party to present itself as a credible alternative, particularly to younger and economically disenfranchised voters. Generational shifts are also at play. A younger electorate, less interested in the narratives of the past, may be more open to evaluating candidates based on performance, transparency, and opportunity—criteria that favour the ruling party’s approach. Its mayoral candidate for Jaffna is a highly regarded and young university academic with a planning background who has presented a five year plan for the development of Jaffna.

There is also a pragmatic calculation that voters may make, that electing ruling party candidates to local councils could result in greater access to state funds and faster infrastructure development. President Dissanayake has already stated that government support for local bodies will depend on their transparency and efficiency, an implicit suggestion that opposition-led councils may face greater scrutiny and funding delays. The president’s remarks that the government will find it more difficult to pass funds to local government authorities that are under opposition control has been heavily criticized by opposition parties as an unfair election ploy. But it would also cause voters to think twice before voting for the opposition.

Broader Vision

The government’s Marxist-oriented political ideology would tend to see reconciliation in terms of structural equity and economic justice. It will also not be focused on ethno-religious identity which is to be seen in its advocacy for a unified state where all citizens are treated equally. If the government wins in the North and East, it will strengthen its case that its approach to reconciliation grounded in equity rather than ethnicity has received a democratic endorsement. But this will not negate the need to address issues like land restitution and transitional justice issues of dealing with the past violations of human rights and truth-seeking, accountability, and reparations in regard to them. A victory would allow the government to act with greater confidence on these fronts, including possibly holding the long-postponed provincial council elections.

As the government is facing international pressure especially from India but also from the Western countries to hold the long postponed provincial council elections, a government victory at the local government elections may speed up the provincial council elections. The provincial councils were once seen as the pathway to greater autonomy; their restoration could help assuage Tamil concerns, especially if paired with initiating a broader dialogue on power-sharing mechanisms that do not rely solely on the 13th Amendment framework. The government will wish to capitalize on the winning momentum of the present. Past governments have either lacked the will, the legitimacy, or the coordination across government tiers to push through meaningful change.

Obtaining the good will of the international community, especially those countries with which Sri Lanka does a lot of economic trade and obtains aid, India and the EU being prominent amongst these, could make holding the provincial council elections without further delay a political imperative. If the government is successful at those elections as well, it will have control of all three tiers of government which would give it an unprecedented opportunity to use its 2/3 majority in parliament to change the laws and constitution to remake the country and deliver the system change that the people elected it to bring about. A strong performance will reaffirm the government’s mandate and enable it to move from promises to results, which it will need to do soon as mandates need to be worked at to be long lasting.

by Jehan Perera

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