Opinion
Regulatory Impact Assessment: Missing link in Sri Lanka’s policy and regulatory reforms to unlock smarter governance
We are familiar with the practice of conducting a systematic prior appraisal (which includes a cost-benefit analysis and assessment of environmental concerns) when implementing a new development project. In fact, for large Government projects, such an appraisal is mandatory. How about having such a comprehensive assessment prior to a new policy or a new regulation coming into place? Have you ever heard of such a practice in Sri Lanka, to review a new regulation, whether it is by the Government, Local Government, a corporation, or even a private company? This is seen as a serious gap in Sri Lanka’s Policy and Regulatory Reforms aimed at realising ‘Smarter Governance’.
Since 2012, the Organization for Economic Co-operation and Development (OECD) has been promoting this important approach under their ‘Best Practice Principles for Regulatory Policy’. This internationally accepted method of making a comprehensive appraisal of new regulations or their amendments is called ‘Regulatory Impact Assessment’, RIA in short. By now, RIA has become an established practice in countries like the USA, Canada, the UK, Australia and New Zealand to make a systematic appraisal before a new legislation is introduced. The appraisal would review if the proposed ‘law’ is going to serve its anticipated purpose, and to examine the pros and cons, the would be impact on the economy, society, and culture
This article aims to bring this global conversation home, to explore how Sri Lanka, too, can benefit from adopting RIA as part of its policy and regulatory reforms journey. As the country is moving towards promoting good governance, accountability, and quality infrastructure, the time is right to implant the missing piece, the RIA, that helps Sri Lanka to make better, fairer, and more forward-looking policies.
What’s Happening Now, in Sri Lanka?
A few days ago, one of the writers had a brief conversation with a ‘lawyer’ friend, a former senior public servant with many years of experience in the Sri Lankan public sector who later became an attorney-at-law. That discussion revealed that the prevailing practice in Sri Lanka for enacting new legislation is mostly aimed at verifying if it conforms to the provisions of the Constitution. In layman’s terms, when an idea of a new rule of law is mooted, the legal draftsman is given the responsibility to complete the documentation related to the new legislation. The draft bill so developed will be presented to the parliament. The draft is reviewed at some point to verify its compliance with the Constitution. Then its contents are debated in the parliament, and if passed by the majority of members of parliament, it will become the law of the country.
The lawyer friend cited enough and more examples to show how certain laws have done more harm than good, leaving aside the realisation of desired objectives. Tracing back in our recent history, one can find many instances where drastic consequences have been brought about after enacting certain new regulations. One such example is the legislature introduced a couple of years back to abruptly ban chemical fertilizer imports to the Island. No need to elaborate on the catastrophic outcomes of that legislature. It not only severely crushed the island’s economy, disrupted society in general, and farmers in particular, but as some argue, it was instrumental in changing the then Government. The ‘Sinhala Only Act’ of 1956 (Official Language Act No. 33) in Ceylon (now Sri Lanka) which made Sinhala the sole official language of the country, was another example of a legislature that caused severe destruction. These are only two quick examples of such disastrous legislatures. One might argue, if a prior comprehensive assessment of pros and cons – economic, social, cultural, and in other respects – had been made, either such legislation would not be implemented at all, or the improved versions would be in place. In most cases, not only was the underlying objective not met but many undesirable repercussions have been brought about.
Even these days, a debate is going on reading the introduction of a new legislation (rather amendment) aimed at banning corporal punishment in schools. It appears that people take sides and argue (in media as well as in other forums) on pros and cons. These ad-hoc debates and arguments may not bring about a practically implementable legislation aimed at addressing behavioural issues of children. The only way forward is to make a comprehensive and systematic assessment.
The Pertinent Question:
Shouldn’t there be a process, in Sri Lanka too, to make a systematic and comprehensive appraisal of a new legislation/ regulation (or an amendment), well before such an initiative is planted on the ground? Why not have a process to examine an existing regulation when the need arises?
The answer is obviously ‘YES’, in a democratic and advanced society, which we strive to realise. The discussion with the lawyer friend also underscored the fact that introducing such a new initiative is both timely and necessary in Sri Lanka, with the current political environment. Our society is now ready (or moving towards that) for meaningful reforms in all spheres of life, including the legal domain.
It is worth noting that Sri Lanka’s ‘National Quality Policy’, introduced in 2016, and the new developments to establish the National Quality Infrastructure (NQI) framework amply promote such a move. An evidence-based decision-making and better-aligned regulations to boost competitiveness and exports, in line with the National Export Strategy, are a thing that has long been called for. The National budget of the new government has set aside Rs. 750 million to strengthen the NQI under the Ministry of Science and Technology, aimed at giving a fresh momentum to these efforts. These initiatives also pave the way for introducing Regulatory Impact Assessment (RIA) as a vital step toward smarter, more transparent governance.
Such a mechanism to review regulations is not only important for State Governments, but also for local Government institutions and even companies. Of course, this may not be applicable for a country governed by a ‘dictator’ who believes in the ‘my word is the law’ sort.
The fact that several countries in the world that resort to such comprehensive prior appraisals when a new legislation is going to be introduced, may be a pleasant surprise to many in Sri Lanka. The United States stands out as one of the strongest examples. Through its Office of Information and Regulatory Affairs (OIRA), established under the Office of Management and Budget, the U.S. has institutionalized RIA as a mandatory process for all major federal regulations. Accordingly, every significant policy proposal must undergo a detailed cost-benefit analysis to ensure that its social and economic benefits outweigh potential costs. This system has made RIA a powerful instrument of governance in the U.S., one that not only ensures accountability and transparency in policymaking but also prevents unnecessary or overlapping regulations that could hinder economic growth.
A recent research article published in Indonesia commented that RIA is a productive tool for improving the quality of new or modified government regulations. The absence of such a mechanism can results in a regulation being unaccountable, non-transparent, or inconsistent. It also informs that without such a review mechanism, the government would not be successful in creating policies that will benefit economic and social welfare.
What is ‘Regulatory Impact Assessment (RIA)?
To answer this question, I wish to quote from an interesting write-up on ‘Regulatory Impact Assessment: Evaluating Regulations with CBA – Cost Benefit Analysis) published on 03 April 2025.
“RIA ‘is a tool used by governments to evaluate the potential impacts of a proposed regulation. It is a systematic process that aims to identify and measure the potential costs and benefits of a regulation, as well as its impact on different stakeholders, such as businesses, consumers, and the environment. RIA is an important tool for policymakers, as it can help them make more informed decisions about whether or not to implement a proposed regulation. It can also help to ensure that regulations are designed in a way that maximizes their benefits and minimizes their costs.”
Simply, RIA is a crucial and comprehensive method of evaluating the potential impact of a newly proposed regulation. This is an evidence-based policy-making tool that enables policymakers to make informed decisions that consider the impact on businesses, consumers, and the economy. By looking beyond immediate economic gains, RIA ensures that new policies support social well-being, environmental sustainability, and long-term national development.
It may be seen that this is a useful process that could be adopted not only for appraising new legislation but also in many new initiatives of Governments and other institutions.
Process of conducting an RIA?
Basically, five main steps can be identified when it comes to conducting an RIA. Here again, I wish to borrow the content from the publication in www.fastercapital.com, as shown below:
Step 1: Defining the problem:
The first step in conducting an RIA is to define the problem that the regulation seeks to address. The problem definition should be clear, concise, and evidence-based, and should consider the impact on different stakeholders.
Step
2. Identifying options: Once the problem has been defined, the next step is to identify and evaluate different options for addressing the problem. This may include doing nothing, self-regulation, or regulatory intervention.
Step
3. Assessing impacts: The third step is to assess the potential impact of the proposed regulation on different stakeholders. This may include analyzing the costs and benefits of the regulation, as well as any potential risks or unintended consequences. This is going to be a comprehensive evidence-based analysis with data pertaining to stakeholders involved.
Step
4. Consultation: Consultation is a critical step in the RIA process, as it allows stakeholders to provide feedback on the proposed regulation. This may include businesses, industry groups, consumers, and other interested parties.
Step
5. Implementation and review: The final step is to implement the regulation and monitor its impact. This may include conducting post-implementation reviews to assess the effectiveness of the regulation in achieving its objectives.
To elaborate on the process, we can revisit the April 2021 legislation of banning all agrochemicals in Sri Lanka, a decision taken overnight, aiming (said to be) to become the world’s first fully organic farming nation. The RIA process would have involved defining the problem of use (excessive use) of chemical fertilizers for plantations and all other crops, including rice and vegetables. The then officially stated problems were to control the epidemic of chronic kidney disease, assumed to be associated with agrochemicals, and to ‘save’ dwindling foreign reserves needed for fertilizer imports during a crippling economic crisis. No potential impacts of this legislature (Step 3) had been assessed, and the policy makers did not give a hearing to the cry of professionals, experts, and planters, and farmers either, and the legislature was abruptly imposed upon them. This shows that Step 4, the consultation process, was also not completed, and the Government had directly moved into Step 5, the implementation.
Disastrous results of that legislation emerged within less than a year, and the Rice harvests dropped by 32% and tea production fell by 18%. The entire collapse of agricultural production triggered widespread food insecurity and economic losses. For example, the estimated loss on tea exports alone was $425 million according to some reports. These are a few negative impacts of that legislation, and the true economic, social, and other costs may have been enormous. No need to emphasize that most of such problems could have been arrested if an RIA had been conducted before implementing the said legislation.
Challenges in Conducting an RIA:
Although the above discussion points to the fact that conducting an RIA is an appropriate step before new legislation is introduced and also to review existing regulations, several challenges are encountered when this process is going to be implemented on the ground.
This is particularly true for those who are new to the process.
RIA is a comprehensive evidence-based tool that requires relevant data to justify the arguments. One of the challenges in conducting RIAs is the lack of data or difficulties in accessing even available information. In particular, when evaluating the impact of a new regulation, data on possible implications applicable to different stakeholders may not always be readily available. In such situations, the analysis may have to be based on assumptions or incomplete information. That can even lead to inaccurate results. If we take the case of the chemical fertilizer ban, certain information on social impact on crop production and international markets, etc., may not be available at the time.
Another challenge in conducting RIAs is the difficulty in quantifying certain costs and benefits. For example, the psychological impact on children who undergo capital punishment may not be easily quantified, and the respective repercussions may be long-term and extensive.
The political pressure to harshly implement new legislation may be another challenge for conducting an RIA. This was clearly evident in 2021, when the government introduced the Import and Export (Control) Regulations No. 7 of 2021, which prohibited the importation of chemical fertilizers and agrochemicals into the country. The decision was implemented rapidly, leaving little room even for a fretful discussion, leave aside a comprehensive assessment of its potential economic, social, and environmental impacts.
The research conducted in 2015 in Indonesia, focusing on both the central and regional government levels, has identified challenges like, lack of leader commitment, a lack of apparatus knowledge of mindset and perception, as well as limitations in budget, legal support, and socialization. While focusing on challenges, this article also highlights that several benefits would be obtained if RIA were to be used.
RIA in Sri Lanka- the Way Forward: Initiatives of the Ministry of Science and Technology
It is worth noting that the Ministry of Science and Technology recently conducted a two-day workshop on RIA with a technical expert from UNIDO, mostly for state sector officials. This is obviously a major step towards bringing in this important concept – RIA – to the public sector. As noted above, though there may be challenges, it is high time we, with more collaborative efforts, make a serious attempt to take a leap forward, in par with progressing nations like the USA, Canada, Australia, and New Zealand. It is also important to bring in the University researchers and other experts into this field, aimed at deliberating and researching on RIA, making everyone aware of the significance of this vital tool, the RIA.
In short, RIA is not just a mere academic or technical exercise. It is a gateway to smarter, fairer, and more sustainable governance. For Sri Lanka, embracing RIA means more than avoiding economic blunders or policy missteps, but about protecting society, safeguarding the environment, and ensuring that every law serves its true purpose. As the country invests in strengthening the National Quality Infrastructure and seeks to boost competitiveness and exports, RIA could be the missing link that transforms good intentions into real-world results. For us in Sri Lanka, the time is right to do what is right, given that all local and international conditions seem quite favorable for introducing a progressive approach as RIA. No matter what, Sri Lanka cannot afford to repeat past mistakes. RIA may be a way to go to make policymaking not just faster or easier, but wiser, more inclusive, and future-ready.
by Prof Theekshana Suraweera
(Chairman, Sri Lanka Standards Institution), and
Dr Prabath C. Abeysiriwardana
(Director (Planning), Ministry of Science and Technology)
Opinion
Professor Thiru Kandiah: The Man; the Giant
By Lilani (Appadurai) Jayatilaka
Yesterday, we received the sad news that Professor Thiru Kandiah had passed on. In a letter that he had been crafting to my husband Tissa, but which remained unsent in his drafts folder until his daughter Shivanthi shared it with us today, he had referred to Dylan Thomas’ moving poem to his ageing father ‘Do not go gently into that good night’. Though Prof Kandiah acknowledged the innate desire to ‘rage, rage against the dying of the light’, he accepts that such an attitude to ageing and death, could be both a ‘blessing’ and a ‘curse’ and that ‘the more sensible course would most likely be to recognize it as simply inevitable and learn to live with it’. Perhaps that is true, but it is a truth that is hard to accept, especially when we know that the world is that much smaller, that much poorer with the passing of this gentle, intellectual giant.
I first met Prof Kandiah in my first year as a student of English at Peradeniya. At the time he was a relatively young lecturer and he seemed to fill the lecture room with his presence. He was never still; he never sat down. He strode from one end of the room to the other as he delivered his first lecture. That first lecture was on the Word Stock of English. Almost 50 years later, I can remember every word of that lecture along with the diagram he drew on the blackboard to illustrate the relationship between core words and borrowed or constructed words in the English language.
As someone whose special area of expertise was linguistics, he had, in my opinion, the driest of topics to handle. But Prof Kandiah was so engaged with the topics he had to teach, that he was able to make them interesting to us as well. And his concern for the welfare of his students did not end in the lecture room at the end of the day. Both he and Prof. Halpe took a lively interest in our welfare and in our performance as their students. We were invited several times to Prof. Kandiah’s home during the four years we were at Peradeniya, when both he and Mrs. Kandiah made us welcome and treated us to some delicious home-cooked meals. As we were away from home and subject to the vagaries of indifferent cooks at our halls of residence, these dinner invitations were greatly appreciated.
Prof Kandiah’s areas of interest extended well beyond the sphere of linguistics. As the lecturer in charge of the MusicSoc and DramSoc at Peradeniya, we were all roped into the activities of these two societies. When Edward Albee’s play, ‘Who’s Afraid of Virginia Woolf?’ was brought to Peradeniya from Colombo with (I believe) the McIntyre duo taking lead roles, we were ferried by Prof Kandiah across campus grounds to sell tickets for the play. I was President of the DramSoc that year and was in charge of seeing that the stage set was ready for the actors. A crucial prop for this play was a sofa which I had failed to procure in time for the performance. Panic stricken, I coerced my bemused aunt who lived in Kandy to part with hers, so that the play could run smoothly. Throughout this fiasco, Prof Kandiah remained calm and comforting, a rock amidst the chaos, never uttering a single word of blame, though I well deserved it.
But linguistics was his passion and he was so invested in teaching it, that he would continue to teach even when he was beset by migraines. We could see that his eyes were screwed up in pain, but he would carry on nevertheless. Apart from linguistics, he also taught us practical criticism on occasion, when he, in the manner of F.R Leavis, would dissect a poem word by word until he had extracted its essence and its every nuance.
My friends and I were inspired and excited by the intellectual stimulation provided by the English Department, and somehow, the very environs of Peradeniya seemed to enhance our understanding and appreciation of English literature. We were dazed and dazzled by all that Peradeniya had to offer: intellectual stimulation of the formal kind in lecture halls and of the less formal kind in debates and discussions late at night with close friends in the privacy of our halls of residence; plays and musical performances to be watched on stage or at the Wala, sitting on the damp steps of the open air theatre surrounded by flares while we watched a performance of ‘Maname’ or ‘Sinhabahu’; trekking half way uphill to the Anglican church for Sunday services or further uphill on Mahasivarathri for an all- night vigil of sorts at the Hindu Kovil; bathing in the nearby Mahaweli river – an action that was strictly forbidden by university authorities and thereby all the sweeter; watching movies at the American Centre in town; or taking the bus into town for a welcome respite from hall food at Lyons’ Café. The list is endless and its joys cannot be quantified.
In sampling all that Peradeniya had to offer, I had spread myself thin and Prof. Kandiah became concerned that I might be losing focus. He called me home to give me a gentle ‘talking to’ which had the desired effect. In the years since, my husband Tissa and I, along with some of my closest friends, have maintained a close relationship with Prof and Mrs. Kandiah. Whenever they visited Sri Lanka, they made it a point to meet us for a meal. Through the years, he has continued to hold our attention with his intellectual prowess, his facility with the language and his knowledge.
Nothing had changed. When he wrote to us, we could be sure that there would be one or two words that we had never come across before; when he spoke to us, we would listen spell-bound as he declaimed on various topics of interest. His letters were specially crafted missives -compassionate and warm, yet intellectually stimulating and thought provoking. The last time he visited Sri Lanka was to attend his brother- in -law’s memorial service, and though we chatted briefly after the service, we were not able to share a meal as was our usual wont. But on his previous visit, we watched as Prof Kandiah, older, slightly stooped and noticeably frailer than before, walked away holding Mrs. Kandiah’s hand for support. It is a tableau that haunts us to this day, for we could clearly see the ‘dying of the light’ in his physical deterioration and we could not but ‘rage’ at its inevitability.
Opinion
Rethinking our attitude towards three-wheeler industry
by Sampath Perera
An ordinary journey through Colombo raises uncomfortable questions about road discipline, passenger safety and our tendency to judge motorists by the vehicles they drive.
It was a little past noon when I finished attending a court matter and remembered that I had to visit a nearby bank before returning to my other work. The bank was hardly a kilometer away, a distance I would normally have walked without giving it much thought. However, anyone who has walked through Colombo in formal court attire under the scorching midday sun would appreciate why I was reluctant to do so. Taking my own vehicle was not particularly appealing either, as finding a parking space near a bank during business hours can sometimes take longer than the transaction itself.
After considering my options, I decided to take a three-wheeler, a perfectly ordinary decision that unexpectedly left me reflecting on the way we judge those who drive them. Within minutes, I was seated in the rear, travelling through the usual Colombo traffic. It was convenient, reasonably priced and saved me the trouble of searching for parking or arriving at the bank drenched in sweat. As we approached a busy junction, however, a car suddenly cut across our path without any indication. Its driver appeared determined to squeeze into a narrow gap, apparently unconcerned about the vehicles already occupying the road. Our three-wheeler driver immediately applied his brakes, throwing me slightly forward in my seat. Fortunately, he reacted quickly enough to avoid a collision, while the car continued on its way as though nothing unusual had happened.
The incident itself was hardly extraordinary by Colombo’s standards, but it made me consider how differently we might have reacted had the situation been reversed. If a three-wheeler had suddenly cut across a car in the same manner, the driver would probably have been subjected to angry horns, harsh words and the familiar accusation that three-wheeler drivers have no respect for road rules. Yet when someone driving a comfortable, air-conditioned car behaves just as irresponsibly, we tend to treat it as another unpleasant encounter in traffic. It seems that, in our public discussions about road discipline, the seriousness of an offence sometimes depends not so much on what a driver does, but on the vehicle he happens to be driving.
This is not an attempt to portray three-wheeler drivers as innocent victims of unfair criticism. Anyone who regularly travels on Sri Lankan roads knows that some drivers behave recklessly, stopping without warning, making dangerous U-turns, disregarding traffic signals and squeezing through gaps that sensible motorists would avoid. Such conduct deserves criticism and, where appropriate, legal action. Nevertheless, it would be equally dishonest to pretend that these practices are confined to three-wheelers. A few minutes spent observing traffic at a busy Colombo junction would reveal expensive cars changing lanes without indicating, SUVs obstructing pedestrian crossings, motorcycles weaving dangerously between vehicles and buses stopping wherever passengers signal them to do so.
What is troubling is our tendency to turn the misconduct of an individual three-wheeler driver into an indictment of an entire profession. A badly parked three-wheeler becomes another example of everything wrong with the industry, while a luxury car obstructing a pavement is generally treated as the irresponsible conduct of its particular driver. Perhaps this difference in perception has become so familiar that we rarely question it. Yet the law makes no distinction between an illegally parked vehicle costing several million rupees and one purchased through a modest leasing arrangement. Both can obstruct traffic, inconvenience pedestrians and create dangerous situations for other road users.
There is also considerable irony in our relationship with three-wheelers. We complain about their presence on the roads, accuse them of contributing to congestion and criticise the behaviour of their drivers, but the moment we need to reach somewhere quickly, avoid a parking problem or transport an elderly relative to a nearby hospital, we often turn to the very vehicles we complain about. In many rural communities, where public transport remains inadequate, three-wheelers provide an essential connection between homes, hospitals, markets and bus routes. Their contribution to everyday mobility is difficult to dismiss, particularly for people who cannot afford private vehicles or have limited transport alternatives.
The driver who took me to the bank that afternoon was simply earning his living. For him, the three-wheeler was not a symbol of traffic disorder or a subject for public debate, but a means of supporting himself and possibly a family. He had provided a useful service and, when confronted with another motorist’s carelessness, demonstrated the kind of defensive driving that we should expect from everyone using our roads. By the time I paid the fare and stepped out near the bank, I found myself wondering whether our criticism of three-wheelers sometimes says as much about our own prejudices as it does about genuine concerns over road safety.
That question becomes particularly relevant when we consider one of the strongest arguments made against three-wheelers: passenger safety. There is no denying that a conventional three-wheeler offers considerably less protection in a collision than a modern passenger car equipped with airbags, seat belts and a reinforced passenger compartment. Its lightweight construction and limited structural protection expose occupants to risks that should never be underestimated. But acknowledging those limitations is quite different from suggesting that such vehicles have no legitimate place on our roads. If the absence of a protective passenger compartment is sufficient reason to question a vehicle’s acceptability, we must also consider motorcycles and bicycles, whose riders are even more exposed to the consequences of a collision.
A motorcyclist has little protection beyond a helmet and appropriate riding equipment, while a cyclist has neither airbags nor a surrounding metal structure to absorb the impact of an accident. Pedestrians are more vulnerable still, particularly on roads where pavements are obstructed or entirely absent. Yet nobody would seriously argue that walking or cycling should be discouraged simply because these activities involve greater physical exposure. The sensible response is to improve road conditions, regulate speeds, strengthen vehicle standards and ensure that motorists respect vulnerable road users. The World Health Organization has consistently emphasised this broader approach to road safety, recognising that pedestrians, cyclists and motorcyclists account for a substantial proportion of road traffic deaths worldwide.
The comparison does not mean that all vehicles are equally safe, nor should it be used to minimise the genuine risks associated with three-wheelers. Different vehicles offer different levels of protection, and their safety depends on design, maintenance, speed, road conditions and the circumstances of a collision. However, there is something fundamentally flawed in assuming that a vehicle becomes unacceptable merely because it cannot provide the protection available in a modern car. If that were the standard, we would have to reconsider the place of several widely used forms of transport. More importantly, we would risk overlooking the responsibility of drivers whose behaviour can turn an otherwise ordinary journey into a dangerous encounter.
There is an equally questionable assumption that travelling in a larger or more expensive vehicle somehow reflects greater responsibility on the road. A modern car may provide better protection to its occupants, but its safety features cannot compensate for the arrogance or carelessness of the person behind the steering wheel. An SUV equipped with advanced braking systems and multiple airbags can still be driven recklessly, and its greater weight may increase the danger to pedestrians, cyclists and smaller vehicles in certain collisions. Road safety cannot therefore be measured solely by how effectively a vehicle protects its occupants. It must also consider the risks that vehicle presents to everyone else sharing the road.
Perhaps what we need is a more balanced understanding of road safety, one that recognises the limitations of three-wheelers without turning their drivers into convenient villains. There is every reason to demand better vehicle standards, responsible driving and stronger enforcement, but those expectations must apply equally to motorists operating cars, buses, motorcycles and commercial vehicles. A reckless driver does not become less dangerous because he is seated inside an expensive car, just as a responsible three-wheeler driver should not be treated with suspicion merely because his vehicle has one wheel fewer.
The experience of that afternoon reminded me that our roads are shared public spaces, not a hierarchy determined by the price, size or appearance of the vehicles using them. The three-wheeler that took me to the bank served a practical purpose, while the driver of a more expensive vehicle created the only dangerous moment of the journey. It would be unreasonable to draw conclusions about all car drivers from that single incident, just as it would be unfair to judge an entire profession by the misconduct of a few three-wheeler drivers. If we genuinely want safer roads, perhaps we should begin by judging people according to how they drive rather than what they drive.
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Sampath Perera, LL.M. (UK), is an Attorney-at-Law and former Commissioner of the Office on Missing Persons (OMP). He has served as Legal Adviser to the Ministry of Justice and the Ministry of Higher Education.
Opinion
The Balance of power The valiant, the vain and the villain
by Bishop Duleep de Chickera
The Valiant
Centuries ago, the intervention of a Persian king, restored a degree of balance of power in the West Asian region. In the 6thc, BCE, Cyrus the Great of Persia, put a stop to the aggressive expansionism of the Babylonian empire and set the exiled Jews free.
After Cyrus’s death, his successor Darius was made aware of his predecessors’ plans to do even more. Commissioning some competent Jews, he fulfilled Cyrus’s intentions by restoring the ravaged city of Jerusalem and its venerated temple.
The Jews were overwhelmed. They would remember the valiant one who revived the essence of their nationhood. And so, the story of Cyrus the Persian, acknowledged as the ‘Anointed Deliverer’, the ‘Messiah’, came to be etched in the Jewish Scriptures (The Bible-Ezra 1- 6:15, Isaiah 44: 28, 45: 1-13).
Empire and Empires
This stirring story impacted Christianity as well. As former Jews, the earliest Christians were familiar with the hardship experienced under Babylonian imperialism. This led to the secret identification of the then brutal Roman Empire, as ‘Babylon’. The pseudonym worked so well that some Christian writings and communities applied it to other marauding forces that crushed peoples and looted their lands.
Vain politics
Today the world witnesses an ironic alliance of relentless bullying between the progeny of ‘Babylon’ and Jew. Together the US and Israel do to others what Babylon did to the Jews, and what their Book tells the Jews they are never to do to others.
The alliance’s agenda is straightforward. While one randomly ridicules and threatens sovereign nations, the other is quick to fabricate evidence that leads to the decimation of infants, children and unarmed civilians; all on the pretext of self-defence. Thereafter, security zones carved out on other people’s property mock what is left of International law, ‘friendly’ nations are intimidated into buying killing devices at thumping profits and military bases emerge on these territories in exchange for protection. The war with Iran, Cyrus’ Persia of today, is integral to this agenda.
Enter the villain
Iran, one of the most ancient and advanced civilisations of the world, has since its Islamic revolution of 1979 come under a despotic theocratic governance. It has crushed internal dissent and the clamour for participatory governance among its own people, prevented the growth of democratic institutions, trained and financed para-military forces to resist Israel’s settler colonialism and challenged the influx of western interests in the region. In return Iran has been relentlessly caricatured as global villain and subject to the wrath of the western mind- set and its propaganda industry.
The campaign to demonise Iran has been so clever that many of her neighbours who share a long cultural history, stand shoulder to shoulder today with vain intruders bent on crushing the only nation it cannot subdue, in a region they have no business to meddle in.
The nerve to be
Wars do strange things. They slaughter good men and women on all sides, cause chaos and misery wherever it spreads and never stops to explain to the children who survive, that this madness was simply to satisfy the egos of the vain.
But wars also change human perception. And there are signs that the current war on Iran, (It must never be the ‘Iranian war’, as it should never have been the ‘Korean war’, the ‘Vietnam war’, the ‘Afghanistan war’ and so on), is changing global perception.
Slowly, the devious stereotype of global saviours versus regional villain, is being redefined. While the hard questions on participatory, good governance must remain to haunt and transform Iran, the villain is now being acknowledged, however grudgingly, as the one nation that refused to back down in the face of global bullying. This too at tremendous personal cost to the lives of its people, infra-structure and future stability. In a world of cowardly political expediency, costly resistance attracts attention; even admiration.
There is more. The resilience of the vilified villain in the current war appears to have strengthened the nerve of the repeatedly humiliated European and British allies of the alliance, who at last learnt to say ‘no’. A first, to an ‘order’ to join an unprovoked and senseless far away war, backed with a second, when pressed to police the Straits of Hormuz. Typical of handling the playground bully, all it takes is for one little girl to hold her ground.
It does not stop here. Sheer desperation at Iran’s unsettling tenacity shamelessly drove Babylon into the arms of other neutral powers that it repeatedly ridicules and badgers with threats of tariffs and more tariffs. Regardless of a sudden demonstration of charming diplomacy, these nations would have no part in twisting Iran’s arm. Some instead, seized the opportunity to address Babylon on its arbitrary violation of International Law and warned it to refrain from global bullying. Since then, there have been less threats on the annexation of Greenland and interference in Cuba’s internal affairs.
The right balance
Like war does, resistance to war also does strange things. While the refusal to yield stimulates active defiance among some, and strongly worded objections from others, the outcome of the current conflict is hugely unpredictable. An independent, safe and stable region, made up of independent, safe and stable nations, is many, many courageous interventions and many, many wise negotiations away.
But one thing is clear. Isolated from its traditional allies, subject to straight talk from neutral nations and under growing pressure from saner elements at home, the vain find themselves uncomfortably seated as equals at one table. Here, Iranian geo- political strategies coupled with a measured readiness to return to arms in the event that table agreements are violated, will hold them; but for a while.
Given this footpath to a balance of power that Cyrus’s Persia of today has paved, it is now left to all who value the sovereignty and dignity of all nations, theirs included, and the indispensability of International law, to step out and help steer this momentum.
In the event that this happens, dismantling the visible acts of global bullying alone, will not be enough. The impulse of this crime, flourishing brazenly in the big businesses and assembly halls in the big cities of the world, and more subtly tucked away in the fabric of reputed places of learning, religiosity and leisure, will also have to be called out and neutralised.
Postscript
At the time of writing, a humanitarian crisis looms over Lanka’s southern seas. Historically renowned for her spontaneous hospitality even in the worst of times, Lanka finds herself constrained from responding to the desperate cries for supplies; water, food and fuel, from a stranded fleet of Commercial ships, simply because they fly the Iranian flag. Regrettably, Babylon’s typical threat of sanctions appears to be driving our economically vulnerable Island nation, to the brink of compromising our time tested right to be humane.
With peace and blessings to all
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