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RECOVERING THE PROCEEDS OF POLITICAL CORRUPTION

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M. Sornarajah

Emeritus Professor of Law, National University of Singapore.

Corruption of public officials including presidents is a principal cause of the economic plight of our country. The public outcry against President Gotabaya Rajapakse draws attention to this fact. There is a demand by the demonstrators that the proceeds of corruption be recovered. How this can be done needs to be considered. Obviously, only a new government with leaders untainted by corruption can pull off the task of recovery. It must have a willing Attorney General, a dedicated body of lawyers and investigators and courts with new powers of enforcement created by legislation.

Globally, the World Bank has estimated that of the thirty trillion of global asset transactions, one billion involves bribery. In our country, the popular belief is that around ten per cent of every transaction is siphoned off by politicians and public officials. One politician has earned the sobriquet of Mr Ten Percent.

A former Attorney General of the United States, writing the preface to a joint publication of the US Department of Justice and the Department of State, “U.S. Asset Recovery Tools & Procedures: A Practical Guide for International Cooperation” (May 2012) stated:

“We must work together to ensure that corrupt officials do not retain the illicit proceeds of their corruption. There is no gentle way to say it: When kleptocrats loot their nations’ treasuries, steal natural resources, and embezzle development aid, they condemn their nations’ children to starvation and disease. In the face of this manifest injustice, asset recovery is a global imperative.”

What he said is happening in Sri Lanka today. Our children face starvation and disease. We need to recover the resources stolen from us.

The Sri Lankan public, now aware of the problem and willing to agitate for change, must know the methods available for the recovery of public assets plundered by politicians and officials. The repeated failure of internal procedures for dealing with bribery due to political interference has resulted in a lack of public confidence in domestic mechanisms. It is not that we do not have laws on bribery. We have had a Bribery Commission in Sri Lanka and laws to support it. Yet, there have been spectacular instances of corruption. Often, the very politician against whom allegations of corruption are made is the person in charge of the machinery for the investigation of such corruption.

Every President and his or her administration has been tainted with corruption. The so called Yahalpanya government had its bond scam. During the present regime, a 3.8 billion dollar oil project involving Oman in Hambantota involved allegations of corruption. There were many other scams involving sugar, garlic and oil. Every infrastructure project in the country had involved kickbacks to presidents and politicians.

Each president has protected predecessors. Each was neck deep in corruption even before taking office. The pattern of power rotates in Sri Lanka. There is a reluctance to set precedents that could be used against an incumbent president by a later one. The law has been used as a weapon to prosecute the minions of the previous administrations and political foes but never to build up a deterrent against political corruption generally.

It is not that mechanisms are not lacking. The Bribery Commission has extensive powers given it by the 17th Amendment. But, the machinery that exists has been subverted by corrupt politicians to cloak their misdeeds. It is necessary to look to other states to recover the proceeds of corruption.

Since we started with a quote from a US source, the many ways made available in the United States, which is home to two recent Sri Lankan leaders against whom the protests are levelled, provide good starting points. The Department of Justice has a Kleptocracy Asset Recovery Initiative begun in 2012. There is a dedicated team of prosecutors, financial analysts and experts involved in this work.

They have experience of recovery of assets in different cases. In 2016, several millions of dollars in a corruption involving Vimpel Corporation and Kazahkstan officials were recovered. More recently, over a billion dollars were recovered in a case concerning a Malaysian Sovereign Wealth Fund. All it would take is for the appropriate government officials in Sri Lanka to seek the assistance of the Department of Justice to recover the proceeds of bribery held in the United States. US law also provides criminal and civil actions for the recovery of such assets.

The United States has other mechanisms to prosecute its nationals who are involved in corrupt practices abroad. The Foreign Corrupt Practices Act enables the prosecution of extraterritorial corruption by American nationals. The Island (27.04.2022) reported that measures are being taken in the US Congress to inquire into American nationals who have been responsible for “fleecing assets” in Sri Lanka.

Common law courts have used doctrines like the constructive trust, restitution and unjust enrichment to ensure recovery of property subject to corruption. An illustrative case involves the Singapore courts holding that bribes given to the head of Pertamina, the Indonesian state oil corporation and transferred to the bank account of his mistress in Singapore should be deemed to be the property of Pertamina.

There are good precedents which have accumulated over the years for pursuing the wealth of corrupt leaders and their families. The Nigerian leader, Sonny Abacha, stashed over a billion dollars of corrupt money in Swiss banks. The Swiss banks cooperated in the pursuit of this money by the Nigerian government.

Several millions were recovered from Lichtenstein and other European countries. The US repatriated over 311 million dollars of Abacha money to Nigeria. In all over 3.6 billion dollars looted by Abacha were recovered from overseas.https://www.bbc.com/news/world-africa-54929254

The assets of the former Philippines president, Marcos, were similarly pursued. (Interestingly, a scion of the Marcos family is making a political come-back in the Philippines.) There is an accumulation of precedents involving dictators who had stolen the money of their people. In the case of Sri Lanka, most of the proceeds of corruption would by now have found safe havens in foreign lands. Tracing and recovering these assets will involve complex and prolonged litigation.

There is need for the reform of our law on corruption. In many countries, including India, the United Kingdom, Australia, South Africa and Mauritius, courts are empowered to make an “Unexplained Wealth Order”. On proof that a public officer has accumulated wealth disproportionate to his salary or other means of income, a court order can be made freezing the assets of the public officer. The burden then is on the public officer to show that he had obtained that wealth through lawful means. Failure to do so results in the property becoming state property. Legislation to introduce such laws into Sri Lanka must be considered.

The example of the laws in Singapore on bribery and corruption can be used in Sri Lanka. Singapore realised quite early that economic progress is not possible if bribery and corruption are not eliminated. Both public and private corruption must be eliminated. The rise of a corrupt business community can feed power and interact with public authority to fuel corruption. This was demonstrated in Sri Lanka in recent times.

The need to enact legislation based on the United Nations Convention on Corruption is imperative. Sri Lanka, along with some 180 states, signed and ratified this Convention. True to form, it has not made this Convention a part of domestic law by enacting legislation based on it. The Convention creates a duty on each state to assist the other to recover the proceeds of foreign corruption found within its territory.

A future Government of Sri Lanka can invoke this Convention to pursue the illicit wealth obtained through corruption. Under the Convention, a Sri Lankan court can make orders relating to assets situated outside Sri Lanka and have such orders enforced by courts of member states. This is a powerful devise which gives an extraterritorial reach to the courts of Sri Lanka. The use of the convention requires a body of lawyers who have expertise in the working of the growing system of recovering the proceeds of bribery and corruption. The World Bank has established a body that provides assistance in such matters which a new government could use.

The law provides many ways of the recovery of the proceeds of corruption but the question is whether there is a will in Sri Lanka to act against the powerful miscreants and recover the wealth of its people. Good laws may be there but it is good men who work it that make the laws succeed.

The public uprising against corrupt politicians demands that the new administration has the will to move in this matter. But the law will not help relieve problems presented by the present economic crisis as tracing and recovery of assets of corruption takes several years. Yet, a start must be made as soon as possible. Not only must the proceeds of past corruption be recovered, deterrence must be provided for present and future corruption.



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The quiet habits behind wealth: Without chasing appearances

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by Prof. C. A. Saliya

When people picture wealth, they often imagine luxury cars, large homes and expensive holidays. But financial advisers who work with wealthy clients describe a different picture: people who spend carefully, keep cash aside, invest patiently and understand the risks they take.

A recent Research NZ report, based on interviews with financial advisers, found that many wealthy people are discreet about money. They tend to live within their means, maintain emergency savings, take calculated investment risks and pay close attention to tax and financial structures.

For Sri Lankan families facing high living costs, loan repayments and uncertainty about the future, the lesson is not that everyone must become rich overnight. It is that better financial habits can create greater security over time.

Wealth is often quiet

One of the strongest habits associated with long-term financial stability is controlled spending. Many people with high incomes do not automatically increase their lifestyle every time they earn more. Instead, they decide in advance what they can afford, save consistently and avoid treating every salary increase as permission to spend more.

This does not mean denying life’s small pleasures. It means knowing the difference between a need, a want and a purchase made only to impress others.

In Sri Lanka, where social pressure can sometimes encourage visible spending on weddings, vehicles, clothing or celebrations, this is a difficult but useful principle. A household that earns well but spends everything may look prosperous while remaining financially fragile. By contrast, a family that saves even a modest amount regularly can build options: education for children, a medical reserve, a home deposit or capital for a small business.

The Central Bank of Sri Lanka’s financial-literacy survey found that bank-account ownership is high, but financial behaviour remains a concern. Its later roadmap notes that Sri Lankans show satisfactory financial knowledge compared with other countries, while positive everyday financial behaviour still lags behind.

Knowledge, in other words, is not enough. People also need routines.

Keep an emergency fund before taking bigger risks

The wealthy people described in the RNZ article often kept readily available savings for genuine emergencies and avoided using these funds for ordinary spending.

This is perhaps the most practical lesson for an average family. An emergency fund is not money that “does nothing.” It is money that protects a household from making a desperate decision when illness, job loss, vehicle repairs or an unexpected school expense arrives.

For some, the first target may be one month of essential expenses. Over time, it can be increased. The point is not perfection; it is having a buffer.

Without one, families may turn to costly borrowing, informal lenders or repeated credit-card debt. Research on household finance shows that weak credit knowledge, cross-borrowing and reliance on informal debt can increase the risk of over-indebtedness.

Saving alone may not be enough—but investing requires care

Saving is the starting point, not always the final destination. Money kept entirely in cash or low-return accounts can lose purchasing power over time, especially when prices rise. This is why financially secure people often invest—not recklessly, but with an understanding that long-term returns usually require some level of risk.

The key phrase is calculated risk. That means asking basic questions before investing: What is the business model? Is the institution regulated? How easily can I access my money? What happens if the investment falls in value? Am I being promised unusually high returns? Do I understand where my money is going?

A proper investment plan should not depend on rumours, social-media tips or promises of “guaranteed” profits. It should be diversified where possible—spread across suitable assets rather than placed in a single company, property deal or scheme.

For a young worker, investing may begin with a small, regular contribution. For a business owner, it may mean reinvesting carefully in a viable enterprise. For a family nearing retirement, capital protection and predictable income may matter more than aggressive growth. There is no single plan for everyone.

Debt can build wealth or destroy it

The RNZ article also makes a more controversial point: wealthy people sometimes use other people’s money, through debt or outside equity, to build businesses or buy assets. When investment returns exceed borrowing costs, borrowing can magnify gains. But the reverse is equally true: when returns fall or income is interrupted, debt magnifies losses.

This distinction is crucial in Sri Lanka.

Debt used for a productive purpose—such as a well-researched business, equipment that generates income, or an asset with manageable repayments—can be different from debt used for consumption. Borrowing for status purchases, repeated expenses or a lifestyle beyond one’s income can quickly become a burden.

Before taking a loan, families should calculate the monthly repayment under difficult conditions, not only favourable ones. Could the instalment still be paid if income falls? Is the interest rate fixed or variable? Is there enough emergency savings left after the initial payment? These questions may feel cautious, but caution is often what keeps a financial setback from becoming a crisis.

Pay attention to taxes and paperwork

Another quiet habit of financially successful people is paying attention to tax. They understand that the amount earned is not the same as the amount kept. They keep records, claim lawful deductions where applicable and structure businesses or investments properly.

The quiet habits

For self-employed people and small-business owners, this can be especially important. Clear records of income, expenses, invoices and taxes are not merely administrative chores. They help owners understand whether a business is truly profitable and make it easier to obtain formal finance when needed.

This is not an argument for avoiding tax. It is an argument for understanding the rules, meeting obligations and using legitimate options available under the law. When in doubt, taxpayers should seek advice from a qualified professional.

The human side of money

The most important lesson is that wealth is rarely created by one dramatic decision. It is usually built through repeated small choices: saving before spending, avoiding unnecessary debt, learning before investing, and staying patient when others are chasing quick gains.

A literature review of household finance supports this practical view. Studies consistently associate financial literacy, planning, self-control and budgeting with better saving and investment decisions. At the same time, the research warns that financial outcomes are shaped by income, access to formal financial services and economic conditions—not simply by individual discipline.

That matters in Sri Lanka, where many households are working hard simply to meet daily needs. Advice about wealth should never become blame. Not everyone starts with the same income, family support or opportunity.

But the habits that strengthen financial resilience are available in some form to most people: keep records, build a buffer, question easy-money promises, borrow carefully and make decisions based on long-term goals rather than short-term appearances. (See table)

Wealth may not always look glamorous. Often, it looks like an emergency fund nobody sees, an investment made patiently, a loan avoided, and a family that sleeps more peacefully because it has planned ahead.

(Prof. C. A. Saliya, is a charted accountant, academic, researcher and former banker. He is the author of SAMAJA GAVESHAKAYA and Springer Publication DOING SOCIAL RESEARCH. He can be contacted at saliya.ca@gmail.com. The views expressed in this article are his own and do not necessarily represent those of the organisations with which he is affiliated.)

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

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Kavantissa

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

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

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

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

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

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

Conservation without communities

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

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

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

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

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

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

Bureaucratic authority versus public accountability

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

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

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

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

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

However, individual commitment cannot compensate indefinitely for institutional weaknesses.

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

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

Who bears costs, and who receives benefits?

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

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

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

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

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

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

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

The policy implications are significant

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

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

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

Political decisions and absence of long-term vision

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

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

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

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

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

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

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

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

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

Problem is not always a lack of policy

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

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

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

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

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

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

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

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

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

Towards more responsible conservation system

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

Four priorities deserve immediate attention.

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

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

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

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

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

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

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

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

The objective must be a system that protects both.

Lesson tusker Kavantissa leaves behind

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

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

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

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

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

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

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Gnanasara Thera brought to court, dressed in lay attire

by Jehan Perera

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

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

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

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

Religious Concerns

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

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

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

Sensitive Issue

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

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

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

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

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