Opinion
Sri Lanka failed to study outdated, autocratic US Insurrection Act when reforming PTA
By Daya Gamage
Former Foreign Service National Political Specialist
US Department of State
Minister of Justice Dr. Wijeyadasa Rajapakshe at a meeting with the US Ambassador to Sri Lanka, Julie J. Chung, at his Ministry, on January 08, informed the latter that the Anti-Terrorism Bill had been submitted with necessary amendments. The Ambassador was informed that steps had been taken to discuss it with the representatives of political parties and civil organisations, and during the preparation of the Bill, the anti-terrorism laws of other countries were studied.
Long before Chung assumed duties as the US Ambassador in Colombo, the US Department of State had been advocating changes to the Prevention of Terrorism Act (PTA) under pressure from certain influential organisations aligned with the LTTE. This writer was well aware of those deliberations at the US Embassy, Colombo, and the South Asia Division of the US State Department in Washington in the 1980s and the early 1990s.
The Bill with amendments was tabled in Parliament on January 11. Minister Rajapakshe informed the House that the provisions contained in the Anti-Terrorism Bill were less severe and harsh than those in the counter terrorism law in Great Britain.
If the Justice Minister and his officials had studied the US Insurrection Act, while going through such laws in other countries, Sri Lanka would have brought to the attention of State Department officials and the US Ambassador in Colombo the obnoxious features of their insurrection (terrorism) law, and pointed out the need to reform them as a safeguard against abuses by the US President, who is the sole ‘executor’ under the Act.
Minister Rajapakshe may not have taken up the US Insurrection Act’s autocratic features during his meeting with Ambassador Chung for two reasons: (a) the Minister and his staff had scrutinised the US Insurrection Act and found the autocratic powers it has given to the President of the United States with no provision for scrutiny by either the Congress or the judiciary but did not want to discuss them because they did not want to antagonise the US (b) they were not aware that an anti-terrorism legislation existed in the United States.
The purpose of this write-up is to inform the Sri Lanka legislators, who are now scrutinising the amended or revised Anti-Terrorism Bill, that there exists another terrorism law in the United States, and while Washington, and its Ambassador in Colombo advocate the reformation of the PTA ignore the obnoxious features of the US Insurrection Act, which has been used by Presidents to curb civil upheavals, riots and even human rights agitations on the US soil.
Legislators need to question the Minister of Justice if he and his staff scrutinised the US Insurrection Act, and if not, why.
The PTA has been amended several times by successive regimes, and this writer is aware of pressure Washington exerted on Colombo to do so since it was enacted by the Jayewardene government in 1979.
The US Insurrection Act was last amended in the1870s.
The US Insurrection Act authorises the President to deploy the US armed forces to suppress insurrections, quell civil unrest or domestic violence. According to critics of the provisions of the Act the criteria for deployment are set out in vague and archaic terms that provide few meaningful constraints.
It has been left entirely to the President to decide whether these criteria have been met; neither the Congress nor the judiciary is given any role in the process. Past practices have shown that the Insurrection Act provides no limits on what actions military forces may take once deployed.
When the President activates the Insurrection Act, the1878 Posse Comitatus Act, which is the most important restriction on the domestic activities of the United States military; its coverage is limited in practice is disabled. The Posse Comitatus Act prohibits the participation in civilian law enforcement activities by members of the federal armed forces or federalised National Guard.
Under Section 252 of the Insurrection Act, “whenever the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States, make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings,” the President may federalise any state’s militia and deploy it, and/or federal armed forces, to suppress the rebellion or enforce the law. This Section authorises the President to deploy the military and does not require a request by the state—or even the state’s consent.
Legal observers have noted that it is unclear in Section 252 what is meant by the term “unlawful combination.” It is similarly unclear what is exactly meant by the term “conspiracy,” and what would constitute “opposition” to “the execution of the laws” or “impending the course of justice under those laws.” If, however, the term “conspiracy” is accorded its modern legal definition, an attempt to prevent the law from being enforced—even an unsuccessful one—would qualify as “opposing the execution of the laws,” this provision would, in theory, allow the President, according to legal interpretation, to deploy the 82nd Airborne against two individuals plotting to intimidate a witness in a federal trial.
Although this type of abuse seems unlikely, it is opined that the same cannot be said for other ways in which these terms could be stretched. For instance, a President seeking to suppress dissent might consider an unpermitted protest against the implementation of a controversial executive order to be an “unlawful combination” that “opposes the execution of the laws of the United States.”
The widespread legal consensus in the United States is that the Insurrection Act represents an extraordinary delegation of authority, granting the President one of the powers that the founders of the US Republic feared most: the ability to turn a standing army against the American people. They insist that it is critical to ensure that any such authority is defined clearly, extends no further than necessary, and includes safeguards against abuse—including mechanisms by which the other branches of government may serve as checks. The US Insurrection Act conforms to none of these principles.
The US Insurrection Act fails to explain (1) what means of civilian law enforcement are included in or excluded from “the ordinary course of judicial proceedings,” (2) what constitutes an “obstruction,” “combination,” or “assemblage”—terms that are not defined in the statute, (3) what factors would render one of these occurrences “unlawful,” or (4) what level of interference or disruption would rise to the level of making it “impracticable” to enforce the laws.
Minister Rajapakshe should have brought to the attention of Ambassador Julie Chung Section 253 of the Insurrection Act, which allows the US President to use “the militia or the armed forces, or both,” or “any other means,” to take “such measures as he considers necessary” to suppress within a state, “any insurrection, domestic violence, unlawful combination, or conspiracy”.
It, according a legal luminary, “so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection”; or it “opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.” As with Section 252, the President may invoke Section 253 without the consent of the affected state.
The above obnoxious clauses of the US Insurrection Act need to be discussed along with the PTA by Sri Lankan lawmakers to have a comprehensive understanding of how and why the ‘foreign advocates’ turn a blind eye to such provisions.
Section 253 of the Insurrection Act has nothing to suggest that the President must justify his determination, or be able to justify it, before any other body. For all practical purposes, courts have been left out of the process. The Congress similarly has no role in the current statute.
Section 253 goes further still. It allows the President to use military forces or “any other means” to “take such measures as he considers necessary” to enforce the law. The law quite literally places no limits on what actions the president can take under this provision.
Section 253 authorises the deployment of the military to suppress domestic violence, with or without states’ consent, if it interferes with the execution of federal law or any right or protection guaranteed by the Constitution. Even if domestic violence does not interfere with federal law or constitutional rights, it may rise to a level that requires military intervention.
The Insurrection Act contains numerous flaws. Its language is vague and archaic, creating confusion about what the law provides for. It gives the President sole discretion to interpret those terms and deploy the US armed forces as a domestic police force. It envisions no oversight role for the Congress or the courts and runs counter to the American tradition against military interference in the affairs of civilian government.
Taking up the US Insurrection Act during a discussion on the Prevention of Terrorism Act does not amount to antagonising the US.
(The writer was one of the associates during the 1980s and 1990s when the revision of the PTA was discussed many a time as an employee of the US Department of State)
Opinion
Thoughts for Unduvap Poya
Unduvap Poya, which falls today, has great historical significance for Sri Lanka, as several important events occurred on that day but before looking into these, as the occasion demands, our first thought should be about impermanence. One of the cornerstones of Buddha’s teachings is impermanence and there is no better time to ponder over it than now, as the unfolding events of the unprecedented natural disaster exemplify it. Who would have imagined, even a few days ago, the scenes of total devastation we are witnessing now; vast swathes of the country under floodwaters due to torrential rain, multitudes of earth slips burying alive entire families with their hard-built properties and closing multiple trunk roads bringing the country to a virtual standstill. The best of human kindness is also amply demonstrated as many risk their own lives to help those in distress.
In the struggle of life, we are attached and accumulate many things, wanted and unwanted, including wealth overlooking the fact that all this could disappear in a flash, as happened to an unfortunate few during this calamitous time. Even the survivors, though they are happy that they survived, are left with anxiety, apprehension, and sorrow, all of which is due to attachment. We are attached to things because we fail to realise the importance of impermanence. If we do, we would be less attached and less affected. Realisation of the impermanent nature of everything is the first step towards ultimate detachment.
It was on a day like this that Arahant Bhikkhuni Sanghamitta arrived in Lanka Deepa bringing with her a sapling of the Sri Maha Bodhi tree under which Prince Siddhartha attained Enlightenment. She was sent by her father Emperor Ashoka, at the request of Arahant Mahinda who had arrived earlier and established Buddhism formally under the royal patronage of King Devanampiyatissa. With the very successful establishment of Bhikkhu Sasana, as there was a strong clamour for the establishment of Bhikkhuni Sasana as well, Arahant Mahinda requested his father to send his sister which was agreed to by Emperor Ashoka, though reluctantly as he would be losing two of his children. In fact, both served Lanka Deepa till their death, never returning to the country of their birth. Though Arahant Sanghamitta’s main mission was otherwise, her bringing a sapling of the Bo tree has left an indelible imprint in the annals of our history.
According to chronicles, King Devanampiyatissa planted the Bo sapling in Mahamevnawa Park in Anuradhapura in 288 BCE, which continues to thrive, making it the oldest living human planted tree in the world with a known planting date. It is a treasure that needs to be respected and protected at all costs. However, not so long ago it was nearly destroyed by the idiocy of worshippers who poured milk on the roots. Devotion clouding reality, they overlooked the fact that a tree needs water, not milk!
A monk developed a new practice of Bodhi Puja, which even today attracts droves of devotees and has become a ritual. This would have been the last thing the Buddha wanted! He expressed gratitude by gazing at the tree, which gave him shelter during the most crucial of times, for a week but did not want his followers to go around worshipping similar trees growing all over. Instead of following the path the Buddha laid for us, we seem keen on inventing new rituals to indulge in!
Arahant Sanghamitta achieved her prime objective by establishing the Bhikkhuni Sasana which thrived for nearly 1200 years till it fell into decline with the fall of the Anuradhapura kingdom. Unfortunately, during the Polonnaruwa period that followed the influence of Hinduism over Buddhism increased and some of the Buddhist values like equality of sexes and anti-casteism were lost. Subsequently, even the Bhikkhu Sasana went into decline. Higher ordination for Bhikkhus was re-established in 1753 CE with the visit of Upali Maha Thera from Siam which formed the basis of Siam Maha Nikaya. Upali Maha Thero is also credited with reorganising Kandy Esala Perahera to be the annual Procession of the Temple of Tooth, which was previously centred around the worship of deities, by getting a royal decree: “Henceforth Gods and men are to follow the Buddha”
In 1764 CE, Siyam Nikaya imposed a ‘Govigama and Radala’ exclusivity, disregarding a fundamental tenet of the Buddha, apparently in response to an order from the King! Fortunately, Buddhism was saved from the idiocy of Siyam Nikaya by the formation of Amarapura Nikaya in 1800 CE and Ramanna Nikaya in 1864 CE, higher ordination for both obtained from Burma. None of these Niakya’s showed any interest in the re-establishment of Bhikkhuni Sasana which was left to a band of interested and determined ladies.
My thoughts and admiration, on the day Bhikkhuni Sasana was originally established, go to these pioneers whose determination knew no bounds. They overcame enormous difficulties and obtained higher ordination from South Korea initially. Fortunately, Ven. Inamaluwe Sri Sumangala Thero, Maha Nayaka of Rangiri Dambulla Chapter of Siyam Maha Nikaya started offering higher ordination to Bhikkhunis in 1998 but state recognition became a sore point. When Venerable Welimada Dhammadinna Bhikkhuni was denied official recognition as a Bhikkhuni on her national identity card she filed action, with the support of Ven. Inamaluwe Sri Sumangala Thero. In a landmark majority judgement delivered on 16 June, the Supreme Court ruled that the fundamental rights of Ven. Dhammadinna were breached and also Bhikkhuni Sasana was re-established in Sri Lanka. As this judgement did not receive wide publicity, I wrote a piece titled “Buddhism, Bhikkhus and Bhikkhunis” (The Island, 10 July 2025) and my wish for this Unduvap Poya is what I stated therein:
“The landmark legal battle won by Bhikkhunis is a victory for common sense more than anything else. I hope it will help Bhikkhuni Sasana flourish in Sri Lanka. The number of devotees inviting Bhikkhunis to religious functions is increasing. May Bhikkhunis receive the recognition they richly deserve.” May there be a rapid return to normalcy from the current tragic situation.”
by Dr Upul Wijayawardhana
Opinion
Royal Over Eighties
The gathering was actually of ‘Over Seventies’ but those of my generation present were mostly of the late eighties.
Even of them I shall mention only those whom I know at least by name. But, first, to those few of my years and older with whom speech was possible.
First among them, in more sense than one, was Nihal Seneviratne, at ninety-one probably the oldest present. There is no truth to the story that his state of crisp well-being is attributable to the consumption of gul-bunis in his school days. It is traceable rather to a life well lived. His practice of regular walks around the house and along the lane on which he lives may have contributed to his erect posture. As also to the total absence of a walking stick, a helper, or any other form of assistance as he walked into the Janaki hotel where this gathering took place.
Referencing the published accounts of his several decades-long service in Parliament as head of its administration, it would be moot to recall that his close friend and fellow lawyer, J E D Gooneratne, teased him in the following terms: “You will be a bloody clerk all your life”. He did join service as Second Assistant to the Clerk to the House and moved up, but the Clerk became the Secretary General. Regardless of such matters of nomenclature, it could be said that Nihal Seneviratne ran the show.
Others present included Dr. Ranjith de Silva, Surgeon, who was our cricket Captain and, to the best of my knowledge, has the distinction of never engaging in private practice.
The range of Dr. K L (Lochana) Gunaratne’s interests and his accomplishments within each are indeed remarkable. I would think that somebody who’d received his initial training at the AA School of Architecture in London would continue to have architecture as the foundation of his likes /dislikes. Such would also provide a road map to other pursuits whether immediately related to that field or not. That is evident in the leadership roles he has played in the National Academy of Sciences and the Institute of Town Planners among others. As I recall he has also addressed issues related to the Panadura Vadaya.
My memories of D L Seneviratne at school were associated with tennis. As happens, D L had launched his gift for writing over three decades ago with a history of tennis in Sri Lanka (1991). That is a game with which my acquaintance is limited to sending a couple of serves past his ear (not ‘tossing the ball across’ as he asked me to) while Jothilingam, long much missed, waited for his team mates to come for practices. It is a game at which my father spent much time both at the Railway sports club and at our home-town club. (By some kind of chance, I recovered just a week ago the ‘Fred de Saram Challenge Cup’ which, on his winning the Singles for the third time, Koo de Saram came over to the Kandana Club to hand over to him for keeps. They played an exhibition match which father won). D L would know whether or not, as I have heard, in an exhibition match in Colombo, Koo defeated Frank Sedgman, who was on his triumphant return home to Oz after he had won the Wimbledon tournament in London.
I had no idea that D L has written any books till my son brought home the one on the early history of Royal under Marsh and Boake, (both long-bearded young men in their twenties).
It includes a rich assortment of photographs of great value to those who are interested in the history of the Anglican segment of Christian missionary activity here in the context of its contribution to secondary school education. Among them is one of the school as it appeared on moving to Thurstan road from Mutwal. It has been extracted from the History of Royal, 1931, done by students (among whom a relative, Palitha Weeraman, had played a significant role).
As D L shows, (in contra-distinction to the Catholic schools) the CMS had engaged in a largely secular practice. Royal remained so through our time – when one could walk into the examination room and answer questions framed to test one’s knowledge of Christianity, Buddhism, Hinduism and Islam; a knowledge derived mostly from the lectures delivered by an Old Boy at general assembly on Friday plus readings from the Dhammapada, the Bhagavad Gita, the St. John’s version of the Bible or the Koran recited by a student at senior assembly on Tuesday / Thursday.
D L’s history of Royal College had followed in 2006.
His writing is so rich in detail, so precise in formulation, that I would consider this brief note a simple prompt towards a publisher bringing out new editions at different levels of cost.
It was also a pleasure to meet Senaka Amarasinghe, as yet flaunting his Emperor profile, and among the principal organisers of this event.
The encounter with I S de Silva, distinguished attorney, who was on Galle road close to Janaki lane, where I lived then was indeed welcome. As was that with Upali Mendis, who carried out cataract surgery on my mother oh so long ago when he was head of the Eye Hospital. His older brother, L P, was probably the most gifted student in chemistry in our time.
Most serendipitous perhaps was meeting a son of one of our most popular teachers from the 1950s, – Connor Rajaratnam. His cons were a caution.
by Gamini Seneviratne
Opinion
“Regulatory Impact Assessment – Not a bureaucratic formality but essentially an advocacy tool for smarter governance”: A response
Having meticulously read and re-read the above article published in the opinion page of The Island on the 27 Nov, I hasten to make a critical review on the far-reaching proposal made by the co-authors, namely Professor Theekshana Suraweera, Chairman of the Sri Lanka Standards Institution and Dr. Prabath.C.Abeysiriwardana, Director of Ministry of Science and Technology
The aforesaid article provides a timely and compelling critique of Sri Lanka’s long-standing gaps in evidence-based policymaking and argues persuasively for the institutional adoption of Regulatory Impact Assessment (RIA). In a context where policy missteps have led to severe economic and social consequences, the article functions as an essential wake-up call—highlighting RIA not as a bureaucratic formality but as a foundational tool for smarter governance.
One of the article’s strongest contributions is its clear explanation of how regulatory processes currently function in Sri Lanka: legislation is drafted with narrow legal scrutiny focused mainly on constitutional compliance, with little or no structured assessment of economic, social, cultural, or environmental impacts. The author strengthens this argument with well-chosen examples—the sudden ban on chemical fertilizer imports and the consequences of the 1956 Official Language Act—demonstrating how untested regulation can have far-reaching negative outcomes. These cases effectively illustrate the dangers of ad hoc policymaking and underscore the need for a formal review mechanism.
The article also succeeds in demystifying RIA by outlining its core steps—problem definition, option analysis, impact assessment, stakeholder consultation, and post-implementation review. This breakdown makes it clear that RIA is not merely a Western ideal but a practical, structured, and replicable process that could greatly improve policymaking in Sri Lanka. The references to international best practices (such as the role of OIRA in the United States) lend credibility and global context, showing that RIA is not experimental but an established standard in advanced governance systems.
However, the article could have further strengthened its critique by addressing the political economy of reform: the structural incentives, institutional resistance, and political culture that have historically obstructed such tools in Sri Lanka. While the challenges of data availability, quantification, and political pressure are briefly mentioned, a deeper analysis of why evidence-based policymaking has not taken root—and how to overcome these systemic barriers—would have offered greater practical value.
Another potential enhancement would be the inclusion of local micro-level examples where smaller-scale regulations backfired due to insufficient appraisal. This would help illustrate that the problem is not limited to headline-making policy failures but affects governance at every level.
Despite these minor limitations, the article is highly effective as an advocacy piece. It makes a strong case that RIA could transform Sri Lanka’s regulatory landscape by institutionalizing foresight, transparency, and accountability. Its emphasis on aligning RIA with ongoing national initiatives—particularly the strengthening of the National Quality Infrastructure—demonstrates both pragmatism and strategic vision.
At a time, when Chairmen of statutory bodies appointed by the NPP government play a passive voice, the candid opinion expressed by the CEO of SLSI on the necessity of a Regulatory Impact Assessment is an important and insightful contribution. It highlights a critical missing link in Sri Lanka’s policy environment and provides a clear call to action. If widely circulated and taken seriously by policymakers, academics, and civil society, it could indeed become the eye-opener needed to push Sri Lanka toward more rational, responsible, and future-ready governance.
J. A. A. S. Ranasinghe,
Productivity Specialty and Management Consultant
(rathula49@gmail.com)
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