Opinion
Reconciliation Initiative- the bigger picture
By Dr Nirmala Chandrahasan
It has been announced that the government of Sri Lanka is on a reconciliation initiative. In pursuance thereof, President Wickremesinghe has invited all Tamil MPs for talks next week to discuss issues faced by the Tamil people and how to resolve them amicably without outside interference before the 75th Independence Day. This is Indeed a laudable project, although some sceptics have described it as being due to the result of relentless pressure from outside and future international economic assistance and support being tied to the resolution of this issue. If this is true then it is all the more important that it be approached in a way which goes to the root of the problem and brings the ethnic parties together again in friendship and harmony, which is what reconciliation means.
President Wickremesinghe has mentioned certain subjects for the discussion which include the release of prisoners presumably those held in respect of the civil war, issues pertaining to truth and reconciliation again presumably those arising from the civil war. The list also includes development plans for the North and East which includes assessment of renewable energy potential in the North, and finally development of Trincomalee for Tourism.
Although the above are all worthy objectives, it fails to deal with the subject of reconciliation per se. Reconciliation means restoring friendship and harmony between parties who have been divided, and would include settling or resolving the differences between them. To my mind the most important question to be resolved is whether this Country is to be regarded as a Sinhala Buddhist State where all the other ethnic, religious groups are treated as guests, or as a multi- ethnic- multi-religious, secular country where all citizens have equal rights.
During the previous regime of President Gotabaya Rajapaksa, it was publicly asserted to be a Sinhalese Buddhist state where other ethnic and religious entities were being allowed to live. This ideology was propounded by ethno-nationalist Sinhalese politicians, academics and media houses. The sole Sinhalese Politician of Stature who was brave enough to repudiate this claim was the late Mangala Samaraweera. He had to bear the consequences of stating that the country belonged to all the ethnicities and religious groups and was denigrated by ethno- nationalists. Even today this policy continues in the Eastern province, where under the pretext of Archaeology, and Buddhist ruins, Tamil speaking farmers of the area are being dispossessed of their lands, although historically many of these ruins are Tamil Buddhist ruins. In the Trincomalee district, administrative boundaries are being sought to be changed so as to make demographic changes to the population of the district. All these actions are analogous to those of Israeli settlements in Palestinian lands, and is only breeding bad blood between the communities, instead of reconciliation. It is also noteworthy that the Archaeological Task force for the Eastern province appointed during the previous regime does not contain a single member of either the Tamil or Muslim communities who constitute the majority in this Province. The above actions would call in question the credibility of the present reconciliation process to even the international observers, and should be discontinued.
This claim that the island belongs only to one ethnic religious group, is not entirely new, although it was given a public endorsement in the regime of President Gotabaya. From 1949 itself with the passing of the Acts disenfranchising the upcountry Tamils and the passing of the Sinhala only Act in 1956, this policy began to reveal itself. There were also pogroms against Tamil speaking people from 1956 onwards, culminating in the pogrom of 1983 which was said to be state inspired and directed. In the aftermath of the 1983 holocaust, the non-violent Satyagraha methods which had marked the earlier Tamil political resistance movement came to an end as people began to doubt its efficacy.
I might add that in my view, it was not the Sinhalese people who were responsible for this policy and the consequences thereof, but self-serving politicians and members of a political class, who found a path to power, position and wealth by espousing this ideology and deceiving their own people. It was this ideology that resulted in Sri Lanka losing so many of its professionals and talent, as sections of the population began to feel that they had no place in this Country. First the Burgher community which had made this their home since the 17th century, emigrated to Australia, subsequently many Tamil professionals who had skills that could benefit the country left for the UK, USA, Canada, Australia, and other first world countries. After the major pogrom of 1983, there was an outflow of Tamil refugees who had suffered the effects of the violence, to all parts of the world. The armed struggle also began to take shape, as the military repression caused many young people of the Tamil community to join the ranks of the militants and take up arms because they did not see themselves as equal citizens in this nation. All these factors had a bearing on the present catastrophic economic downturn which we now see. This of course is not the only reason as the incompetence and corruption of the rulers and the political class was also a major factor.
So, we can see that for true reconciliation to take place there must be a recognition that this Country is a Multi- ethnic, multi- religious country in which all citizens are equal and have an equal stake. We must welcome and be proud of our diversity as do countries like Canada and South Africa. Even in the United Kingdom our former colonial ruler, a Hindu of Indian origin is able to take his place as Prime minister. The British Conservative party has chosen to give recognition to ability and talent and not race or religion. We have to look to the day when the Sri Lankan nation will do likewise. In a country where all the citizens of diverse ethnic and religious backgrounds are accepted as equal partners, all the constituent peoples would be enthused to work together for the upliftment of ‘their’ country. The Tamil diaspora too would come forward to assist and invest in the Country. For this change of heart /mindset to take place there must be a revamp of the text books in the schools and particularly in the- Sinhalese medium. History books must show the common cultural links between the communities and not portray them in an adversarial way. The historical linkages between the South Indian kingdoms and Lanka should be brought out. The fact that South India was Buddhist too for many centuries, and the Chola Kings who ruled Lanka for almost a century were also patrons of Buddhism should be made known to the public, both Sinhalese and Tamil, as Tamils too are largely unaware of the common heritage they share.
It also behoves the Tamil community to move away from a mindset of victimisation and constant harping on the Civil war. Every war has its brutalities and crimes and these are not confined to one party alone. The Tamil community has to look to the future and while safeguarding their culture and identity they also have to break away from their insularity. Where the hand of friendship and reconciliation is genuinely extended, they should take it and go forward. We might take a lesson from the civil war in the USA, between the Northern States of the Union and the Southern states in the 1860s. Here too the Southern states, (the Confederacy) tried to secede from the Union and form their own state. The war that followed was a very brutal one. It is said that the northern Army of General Sherman followed a scorched earth policy while marching through the Southern states. But once the war was over and the North had won, the Union government followed a policy of Reconciliation. In the National War Memorial in Arlington Virginia, there is a memorial to the Confederate soldiers of the South too, thus honouring the dead on both sides. The reunited USA, a Federal state, went on to become a great power and one of the most prosperous nations in the world. In Sri Lanka too as a measure of reconciliation some memorial to those who died fighting for their cause would go a long way in assuaging the feelings of their relatives and friends, rather than the policy of destroying their cemeteries and preventing their family members from remembering them, as hitherto. The release of the prisoners who participated in the Civil war, some of them still imprisoned, while awaiting trial after so many years, is a good beginning, as too the idea of a Truth and Reconciliation commission which is being envisaged.
Next, I would also like to touch on the question of sharing of powers, as a necessary constituent of reconciliation. Since the Indo- Sri Lanka peace Accord of July 1987, there has been a process of putting in place a system of Devolution of powers. This Treaty gave recognition to the Tamil people as Historical inhabitants of the Northern and Eastern Provinces and provided for a system of devolution of powers through Provincial Councils. Under the 13th Amendment to the Constitution and the Provincial Councils Act the Provincial Councils were set up. Under the 13th Amendment, powers are given in respect of a wide spectrum of subjects, which are set out in the annexed Lists and Annexures. However, the Provincial Councils Act stultified many of these powers by giving the Governor control of Finances and the Provincial administrative services. Furthermore, the Central Authorities kept encroaching on the subjects allocated to the Provincial Councils. Hence the Provincial Councils have not been as effective as they might have been. This has given rise to the view expressed by some persons including Tamil politicians that the Provincial Council system is not workable, and should hence be done away with. To this, it must be pointed out that since independence seventy-five years ago the Tamil parties have been agitating for some measure of power sharing while seeing a federal Constitution as the ultimate goal. This agitation has been through Parliament and through peaceful ‘satyagrahas’, and through negotiations and pacts with Sinhalese majority Parties and Governments. Finally, the militants having lost faith in negotiations took up arms and a protracted civil war of almost 30 years ensued. But for all this the only political gains in the way of power sharing and devolution that the Tamils have obtained has been the Provincial Councils and that too through the good offices of the Government of India.
Hence good sense dictates that the Tamil political leaders make the best use of what they have in hand. With the ongoing reconciliation process, they could press for the necessary amendments to be made to the Provincial Councils Act, which could be done through legislation with a simple majority in Parliament, or a two third majority where some Provincial Councils do not agree to the changes. No Referendum is required Furthermore, it must be conceded that the Northern Provincial Council could have exercised greater authority and made more progress by making use of the powers to pass statutes on subjects allocated to the Councils, which I might point out the Northern Province Council as of date has been very remiss in doing. Even in the matter of spending funds allocated to it by the Centre the Council has been remiss and even returned such funds in some instances. So in my view, with greater commitment on the part of the stakeholders a more efficient administration can be ensured, once the necessary amendments are put in place.
The alternative is to return to the long-drawn-out process of endless negotiations and drafting committees. After the passing of the legislation in 1987, efforts to make improvements and changes were many, i.e. the Mangala Moonesinghe committee report in the 1990s, the Chandrika Bandaranaike Kumaratunga draft Constitution of 2000, which was incidentally the closest to a federal form of Government. Again in 2006 there was a multi -ethnic expert Committee appointed under the Mahinda Rajapaksa government which presented a report which was not implemented, next the APRC, (All Party Representative Committee) Report 2010, was shelved by the Government. With the change of Government in 2015 it was sought to revive the process and in 2016 a Constituent Assembly was formed to work on a new Constitution. Speaking on the recent reconciliation proposals Mr. Sumanthiran, MP on behalf of the TNA said that President Wickremesinghe had presented a draft of the new Constitution proposals to Parliament on 16th January 201 9 in the capacity of Prime minister, and this has to be taken forward. This is a sensible proposal as it is not worth restarting the same process again. I might mention that the Parliamentary Sub- Committee on Centre-Periphery relations, which was part of the above Constituent Assembly, made some very good proposals on the reforms to the Provincial Council system in its Report of 2019, which incorporated proposals in the 2006 Expert Committee Report and the APRC Report, and these can be drawn upon when making the amendments to the Provincial Councils Act, as proposed above.
With a view to making reconciliation a reality and restoring friendly relations and harmony between the communities, I have examined the background to, and underlying ideologies which have contributed to the estrangement between the communities. The strategies and steps to be taken in order to change perceptions and fixed prejudices and ideologies will require courage and transformational steps some outlined above. Reconciliation cannot be a one sided effort and both communities must be willing to make the effort. President Ranil Wickremesinghe is well suited to taking this process forward given his long experience of the political processes and understanding of the historical background.
Opinion
A journalist who wrote across the divide
by Jehan Perera
There are some journalists whose work we read and then move on. And there are others whose writing makes us stop, think and look at the country differently. D. B. S. Jeyaraj who passed away on 17 May 2026 was one of them. Whenever I saw an article by DBS, as he was widely known, appear in a newspaper, it was the first I read. He was primarily a columnist and political analyst, with a deep knowledge of the history of Sri Lanka’s ethnic conflict. But his columns were not simply analysis or opinion. They were rooted in what was happening in Sri Lanka and in what people involved in those developments were saying. We could see this in his frequent references to first-hand comments from people he had spoken to. He did this both when he lived in Sri Lanka and later, when he was living in Canada. That was no easy task.
In a 2013 interview, after returning to Sri Lanka for the first time in 25 years, DBS described how he had continued to report on Sri Lanka from Canada by maintaining contacts at home. He said that he broke his rest daily to communicate with contacts in Sri Lanka and that this dual existence of living physically in Canada and mentally in Sri Lanka took a heavy toll on his health and finances. But that commitment mattered and allowed him to write about Sri Lanka from afar without losing touch with what was happening on the ground. His writings gave readers a sense of what was happening in the north and east, as well as of politics more generally in Sri Lanka.
Speaking at the commemoration and book launch organised by the Tamil Media Alliance last week, Vijitha Yapa, the founding editor of The Island and Sunday Times, under whom DBS worked, captured an important quality of his journalism when he said, “DBS had no venom. That was his greatness.” He also recalled how DBS stood up to pressure and threats and continued writing about the Tamil community while insisting on fair play irrespective of race or religion. M. A. Sumanthiran, General Secretary of the ITAK, put another aspect of DBS’s contribution even more directly: “Truth is the first casualty of war. DBS fought to keep the truth alive.” He recalled that DBS always cross-checked his news and noted that even those who hated him read his columns to find the truth.
These observations capture two qualities that made DBS special. The first was his commitment to truth and, second, was his ability to write about a deeply divisive subject without venom. DBS was a Tamil writing about the north and east and the Tamil national question in a deeply polarised environment. Yet he wrote for the mainstream English-language press and was widely read not only by Tamils but also by people from other communities. His writing helped make the concerns, political aspirations and historical experiences of the Tamil community accessible to readers beyond it. His importance was not limited to his being a Tamil journalist. His writing mattered because it addressed the country as a whole. Issues and perspectives that might otherwise have remained within particular communities could become part of a wider national debate.
Another noteworthy feature of DBS was his ability to be realistic in his assessments. With his wide knowledge of history, he understood that each side in the national conflict had its own history, fears and perceptions of threat. He recognised that the conflict could not be properly understood through the narrative of one side alone. He understood that there could be no unilateral solution imposed by one side or the other. That realism is particularly important in a country where political positions have often been presented as if the concerns of one community could be resolved without addressing those of another. A journalist who understands this complexity needs to do more than simply take sides. He or she can help readers understand why the conflict has endured, why trust has been so difficult to establish, and why lasting peace requires more than one dominant story.
There was also something revealing about DBS’s return to Sri Lanka in 2013. In the interview he gave during that visit, he said he deliberately avoided politics. He wanted to experience the country from the perspective of an ordinary person rather than through the views of politicians or political associates. He observed a disconnect between the needs of the people and those of the political class. In retrospect, that observation was remarkably prescient. The disconnect he identified in 2013 would become dramatically visible in the Aragalaya of 2022.
In the same interview, he offered an observation that deserves to be remembered. A journalist may not be able to write all that he or she wants because of external constraints, he said. But no journalist should write what he or she does not want to write because of external pressure. His commitment to independent journalism came at a considerable personal cost. He was arrested and detained by the Sri Lankan Police in 1987 after his reporting on the war in Jaffna, and in 1993, while living in Canada, he was brutally assaulted by LTTE supporters who fractured both his legs.
For all these reasons, I consider DBS to have been a mentor of mine. I never said so to him. Mentors are not always people who formally teach us or with whom we have a close personal relationship. Sometimes they are people whose work we follow, whose judgement we respect and whose example helps shape our own understanding of what we should strive to do. DBS was such a person for me. His passing has left a gap. His journalism was informed by history but connected to the present, rooted in facts but open to interpretation, and concerned with the realities of all communities.
The collection of his writings launched in his memory by the Tamil Media Alliance is therefore more than a record of an important period in Sri Lanka’s history. It is also a reminder of what journalism can be at its best. DBS showed that a journalist could understand one community without becoming confined to it, analyse conflict without being partisan, and take a position without losing sight of complexity. Above all, he showed the value of journalism that seeks to keep the truth alive. For those who read him regularly, the greatest reminder of his absence is the absence of his next column.
Opinion
Who committed genocide and created mass graves in Sri Lanka?
by N. A. de S. Amaratunga
At a time when the word genocide is used with political motive and defensive war misconstrued as genocide, and a brutal genocide is taking place on a global scale with impunity, one should reflect on genocide committed by those who falsely accuse the Sri Lankan armed forces and the government for such crimes. The British who systematically annihilated people including “babies suckling”, in Uva-Wellassa in 1818 and the LTTE, which carried out numerous massacres to drive away the Sinhalese and Muslims in the so-called border villages are now shamelessly levelling unsubstantiated allegations of genocide against the Sri Lankan military. The British, jointly with the US, massacred about a million people, including children, in Iraq on a fabricated charge of possessing weapons of mass destruction. The British helped the LTTE continue their genocide of the Sinhalese and Muslims in the North and the East in an attempt to drive them away and grab their lands, and such crimes constitute genocide according to 1948 Genocide Convention.
“Slaughter every man, woman and child”
“Slaughter every man, woman, and child (including babies suckling at the breast)” was the order given by Governor Robert Brownrigg (3rd British Governor of Ceylon from 1813 – 1820) to Maj. Gen. Hay MacDowell in 1818. The British left the entire Uva-Wellassa region in a state of famine and starvation. The British used the scorched earth policy including mass murder and genocide of Sinhala civilians to crush the rebellion. British human rights campaigners now pointing accusing fingers at Sri Lanka have forgotten the Madulla Massacre, which led to razing and annihilating entire villages. In the entire Uva region members of the male population above the age of 18 were killed in revenge for resisting British imperial occupation under Governor Brownrigg.
Britain at present is leading a core group at the UNHRC Geneva, which bashes Sri Lanka for alleged human rights violations. Britain seems to have no remorse about its genocidal violence in Sri Lanka and happily leads the way in castigating Sri Lanka on unsubstantiated allegations of human right violations during the war against the LTTE. The US, which is the biggest war criminal in the world, is supporting these neo-colonial strategies to control and exploit the poor countries.
The Chemmani mass grave
The Chemmani mass grave has become a political tool liberally used by the pro-LTTE groups and their supporters in the West and also their local agents to pressure the government to take action against the war winning armed forces. Let the government be urged to get to the bottom of the mass graves found in the North and elsewhere. People of this country owe it to the armed forces who saved their country to ensure that the name of the national military is cleared. And if there are any war criminals among them, punish them after conviction. Sri Lanka is not Israel, the US or the UK.
The Genocide Convention was conceived largely in response to World War II, which saw atrocities such as the Holocaust that lacked an adequate description or legal definition. Polish-Jewish lawyer Raphael Lemkin, who coined the term genocide in 1944 to describe Nazi policies in occupied Europe and the Armenian genocide, campaigned for its recognition as a crime under international law. Lemkin also linked colonialism with genocide, mentioning colonial genocides outside of Europe in his writings. The Convention defines genocide as any of five “acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group.” These five acts include killing members of the group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the group. Victims are targeted because of their real or perceived membership of a group, not randomly.
Genocide in Gaza
However, Israel in collaboration with the United States, which has the worst record in genocidal warfare, has violated this Convention with impunity in Gaza, knowing that the rest of the world cannot act against it except condemn its actions. The UN has miserably failed to take any action against Israel, though it has the necessary tools like the Convention mentioned above. Its Commissioner for Human Rights Volker Turk visited the Chemmani mass grave and issued a strongly-worded statement calling for investigation under international supervision. He has not visited the place where genocide is currently taking place in broad daylight. Neither has the UNHRC made any worthwhile response in respect of Iraq, Syria, Libya and other parts of the world, where the US and Europe have been engaged in genocidal warfare. This type of double standards will further erode the credibility of the UNHRC, and if countries tend to ignore its writ, it has itself to blame.
We still don’t know the identities of the people whose skeletal remains have been found in the Chemmani mass grave. It was a prolonged war situation that created these graves. There were allegations of killings, including civilians, by both parties to the war.
The Office of Missing Persons has received about 10,000 complaints about missing persons from the north and east and investigations into these complaints are ongoing (source – reports of the OMP). Apart from verbal complaints there is very little incriminating evidence, if at all, against the armed forces. A few isolated incidents where excesses were committed have been investigated and action is being taken against the suspects.
Campaign by Pro-LTTE groups
Pro-LTTE groups are trying their utmost to connect the missing persons with the mass graves. They claim that the people who went missing were buried in the Chemmani mass grave. The Island journalist Shamindra Ferdinando dealt with this matter comprehensively in the Midweek Review on 9 September. He shows that the narrative built up by the pro-LTTE groups and the Western imperialists regarding the alleged disappearances could be more myth than fact.
The LTTE massacred hundreds of civilians in cold blood in many places, such as Sri Maha Bodhi, Aluth Oya, Aranthalawa (where the victims were Buddhist monks), Kattankudy mosque, Palliyagodella, Eravur, Gonagala and Kebethigollewa. Most of those killings, committed outside the war zone, were aimed at terrorising the ordinary people, and that amounts to genocide according to 1948 Genocide Convention. The LTTE carried out many bomb attacks on civilian targets, such as the Central Bus Station in Pettah, the Central Bank, crowded trains and buses. In the eastern villages people were bludgeoned and slashed to death so that ammunition could be saved.
Apart from killing and injuring, the LTTE chased away Muslims and Sinhalese from the Northern province, which amounted to ethnic cleansing, an act of genocide according to the above mentioned Convention. The people who were chased away have not yet returned to their homes and property, perhaps because of the memory of terror they had experienced in the North. Aren’t these acts of genocide ? The 1948 Convention defines genocide as any of five “acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group.”
Attacks on centres of worship like temples and mosques and killing of priests are unpardonable acts of terror aimed at destroying religious groups. Similarly murdering surrendered police officers is butchery of the worst kind. It was such acts of naked terrorism and insane mass murder that made the FBI label the LTTE “the most brutal terrorist organization in the world”.
Silence of UNHRC
Isn’t the UNHRC keen to ensure that justice is done for the victims of genocide committed by the LTTE? Perhaps, we should not make such a request to an organisation that keeps mum while genocide is rampant in the contemporary world ? Palestinians are being systematically murdered and driven away from their country with the UNHCR doing nothing to protect them. The US President is threatening the countries which support the Palestinians.
Sri Lanka must call for an international investigation into genocide committed by the LTTE.
Opinion
From Galkissa (Mount Lavinia) to Tambuttegama
‘Before I took this position, I knew so little about them that I didn’t even know their names. I had not met them in any context outside the present.’ (My translation.) President Dissanayake, recently speaking about judges of the Supreme Court and of the Appeals Court.
by Usvatte
Nothing announces more loudly the gaping distance between the social strata from which our rulers, prior to 2024 came, and those of the present government come. That response came from President Dissanayake when he was accused of raising the age of retirement of judges to help his favourites. He could not possibly have had favourites among persons wholly strangers to him. That charge, therefore, prima facie, must fail.
Those who ruled this country as politicians and senior public servants, judges, lawyers and other professionals, generally prior to 2024, commonly went to schools in Colombo or its neighbourhood. Leaders even from Jaffna, Anuradhapura, Kandy, Ratnapura and Galle had been educated in schools in Colombo or their equivalents in other urban centres. They had met each other either as relatives, friends, school mates, debaters or competitors on playgrounds. Three of four who were our first prime ministers attended S. Thomas’ College, Galkissa; the other Royal College, Colombo. Of the first four prime ministers, two went to Cambridge and one to Oxford. There, then followed a family, two of whom attended the highly reputed St. Bridget’s Convent, in Colombo, two others having attended S. Thomas,’ and Oxford, and one, the redoubtable Sciences Po in Paris. Two more came from Royal College, Colombo, and a third claimed that he attended St. Joseph’s, Maradana. So, did we spend the first near-half-century of an independent country. These ladies and gentlemen, together with many others, with roughly similar backgrounds, established a form of government new to our society. A part of the achievements of that leadership was an excellent (within the resources they had) public health scheme and a school system that, in time, reached almost every child.
Unlike the earlier rulers, Dissanayake attended government schools in Tambuttegama and Kelaniya University. He studied science and mathematics. He can differentiate an equation for you and speak intelligently about Paul Dirac and Higgs boson with the same felicity as accusations against former politicians. There is a Prime Minister who can talk to you impromptu on August Compte and Claude Le`vi-Strauss. She did go to prestigious schools in Colombo but decided to throw her lot with those that had not. (That was not uncommon in periods of radical change in several societies in the past.) There are ministers in this government who have travelled regularly by train, without snatching gold necklaces on women passengers. Others have pushed themselves into crowded buses, to get home before dark on roads unlit for miles. Many have taught in rural schools in Pooneryn or Nikaweratiya. Few have travelled by motor car to schools in major towns including Colombo and its environs. Few have lived in or have homes in major towns including the national capital. One MP says that she was born in a ‘line room’ in a tea plantation. One must know the poverty, squalor and violence of these habitats to measure the social distance she has travelled. The new political leaders are culturally very different from the old. (I avoid the term class because the term has connotations which are not seen here.) Those people are the salt of this earth, representative of common people in this country. We now have in Parliament a House of Representatives full of Commons. We look forward to them for leadership to move this society from the morass it is in.
A coterie of people from the deep south of the country, who were elected to office with much optimism, turned out to be a deep disappointment and turned this country into a kleptocracy and a haven for druggists and gangsters. The offspring of leading politicians in the group that went to those same good schools that I mentioned above, have been accused in our courts of heinous crimes. Some crowd our prisons. They evidently plundered the public purse, pushed the country into debt both local and foreign, corrupted processes of governance including the judiciary and let the country into a venomously poisonous murky backwater from which young people flee as soon as they can collect the airfare for a one way ticket to Dubai or obtain a visa to South Korea.
The present government was formed by young people who have yet to be tried. The electorate, by an overwhelming majority, elected them to Parliament. The President was elected by a thin margin. In my understanding, this government has yet to suffer sinking damage. They have faced several squalls and one or two have been thrown overboard but the ship has survived and plunged ahead in heavy seas. A major storm has been brewed and the government has been battered. But the rudder is in place, the engine room is dry, there is ample fuel and the crew is fresh and willing. On the radar, I read heavier storms developing ahead and these will severely test the skills of the captain and his mates. Despite loud and wide claims to the contrary, I do not see a sharper captain or more skilled and less tainted sailors who can guide this ship safely over choppy seas over the next few years. A capacity to speak English fluently, hold a firm handshake and wear a necktie neatly do make a good brown sahib (Tarzie Vittachi) but not necessarily a Manmohan Singh or a Zhu Rongji or, indeed, a Lee Kwan Yu. Those that batter the government, except for a few outstanding scholars and fine lawyers, are laden with so much foul lead that any vessel carrying them must instantly seek the bottom. The new politicians have not been tested with temptation. Who can, I certainly cannot, give them a carte blanche of good behaviour? Time will test them? The government has demonstrated competence ample to win that chance.
There is much talk that the government did not consult stakeholders when they introduced legislation to raise the age at which judges in courts will retire. Who expects a government to foresee every emergency and write it into its election manifesto? What indeed is at stake and who holds the stakes? The government holds forth that what is at stake is the administration of fair justice to both those who come to courts accused of crimes and those who seek redress for harm inflicted on them by those who broke the law. They are the janathava who hold the highest stakes. ‘Will my case be heard to a close and the accused be duly punished? And where is justice? Will the accused die before the case will be heard to a close in 2038, when I myself might be dead? Will those who plundered the government Treasury and their progeny live in splendid luxury while those who lost loved ones, limbs and all they possessed suffer both misery and penury? Is that not foul justice? Is that just at all?’ The government, both in public and implicitly, has consulted these stakeholders amply. The fast disposal of cases of where politicians and others had committed serious crimes was a major plank in the platform on which the JJB sought election. I don’t recall that any party either at a general election or the one to elect a president challenged that course. True enough, they did not seek a mandate to paint the east window of the magistrate’s court in Meegahakotuva.
How many of you have read in an election manifesto in the United Kingdom, Angola, Paraguay or Mongolia an undertaking to raise the wages of judges of the supreme court? Lawyers are not stakeholders in this principal contest. They, of course, are more than amicus curiae.
Highly regarded scholars in law, eminent lawyers in practice, trade unions and politicians who want to test the last chance they have to come to power now protest that the rule of law is at risk of loss, that the executive and legislative branches of government may subject the judicial branch under their subjugation and with that bury democratic governance. Like most eventualities that are possible. But what is the probability that that eventuality will come about? (An unkind professor once said, ‘It is possible that all of you will win first class honours. But what is probable is that one will.) Were the government to raise the age of retirement of judges, in what manner is the rule of law denied; in what manner will democracy cease to be? The probability that any political party that may come to power will kill the independence of the judiciary, deny the rule of law and establish a dictatorship is exactly the same as the NPP government may do so. The president of BASL made a declaration, a few weeks back, that the 22nd Amendment to the Constitution, which is the offending piece of legislation, would no longer be inimical to democracy, if it were to be effective from 01 January 2027. Is there a long rahu kala in kethu dasa inimical to democracy from September 01 to December 31, 2026? What is the poison in the proposed 22nd Amendment that will be wafted away between now and 01 January 2027? In the absence of a satisfactory answer to that question, what is the objection to the proposed Amendment?
Among the three branches of government, the judiciary is the weakest. It has no tanks; it has no money. The executive branch appoints them and the legislative, may lawfully, remove them. Yet the judiciary branch is so important for democratic governance that the fundamental laws of governance (the Constitution), courts themselves under the law and long custom, bind the other two branches and the general public to good behaviour. Democratic governance is possible only when those three branches check each the others’ excesses and support their good functioning. The judicial branch is no less important than the other two.
A well-functioning judiciary is at stake. The government has put out the beginning of a solution. BASL and the learned professors with it, possibly could not have a stake in delaying judicial procedures and denying justice to close perhaps to 5 million citizens. The stakes they play for must be different. The public will be grateful if they would disclose them.
In time, I expect new casus belli and more violent skirmishes, because the lines now have been drawn.
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Editorial7 days agoA flight of fancy
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News6 days agoGreen Climate Fund (GCF) Regional Dialogue for East and South Asia will be held from 14 to 17 September 2026 at Cinnamon Life at City of Dreams Hotel, Colombo
