Features
Terra cotta army in Xian and working in Vietnam
(Excerpted from Memories that Linger: My journey through the world of disability by Padmani Mendis)
I first heard of Xian when the famous Terra Cotta Army was discovered here in 1974. I was at Guys Hospital in London at the time, studying to be a teacher of physiotherapy. This was world news. Little did I think that I would one day actually see this spectacle. And here I was, taken on a tour of the site by an official from the Provincial Department of Civil Administration. He was born in this city. The people of Xian were proud of their cultural heritage. Our guide took his time explaining to Susan (my co-worker) and me the story of the discovery.
He said we were standing near the Mausoleum of the first Emperor of China by the name of Qin Shi Huang. The Emperor’s tomb has never been excavated. One day in 1974 while some farmers were digging a well near here, they found lots of pieces of pottery, including what appeared to be pieces of terracotta statues of soldiers and of horses and so on. The government took note of this and had Chinese archaeologists explore the site.
We were seeing what they found. Figures of a whole army that had been buried apparently surrounding the Emperor’s tomb as if to protect it. We gazed at the statues amazed. They were life-size, but heights varied. Each face was different with different features and expressions. They were dressed in different uniforms and had different hairstyles and head gear; this he said indicated their rank. Some were standing, others were kneeling with bows and arrows poised. And still others with bows and arrows by their side.
Only three of the pits on the site had been excavated. In the first pit there were more than 6,000 figures, and he said this was the main army. We paid more attention to the second pit. This had soldiers both as cavalry units with horses by their side and others as foot soldiers. We even saw chariots like those they would have gone to war with. And to think that these dated back to more than 200 years BC.
This was spectacular. But we found Xian itself a rather drab uninteresting city. Free market reforms had hardly touched it as yet. Tourism was yet to invade. Our hotel had seen better days. My husband visited here ten years later, and what he described to me was an amazingly different city.
Xian had been the capital of successive dynasties after its first Emperor Qin, and this was now showcased. Some of their mausoleums, tombs, old city walls and towers, ancient pagodas and other sites had been restored. It was now a “must visit” on any tourists’ itinerary or youngsters bucket list.
After Xian I stayed another three days in Beijing so I could experience some of its wonders. I chose not to join organised tours and went solo so I had time to drink it all in. It was relaxing spending time strolling along the Great Wall thinking of the many emperors who had a hand in the building of it from the time BC and the numerous wars it would been the focus of, the enemies it would have kept out and those that it did not.
Time was also spent at the Forbidden City, much more recent in comparison, built in the 15th century by the Ming Emperors. It remained as the residence of subsequent emperors and as the political centre of China until as recently as 1912. I had thought that the Forbidden City dated much further back. Two other sites I did not want to miss were the Ming Tombs and the Summer Palace. To visit both on one day I took an organised tour.
The Ming Tombs, although not as ancient as I had thought they were, was important not to miss out on simply for the fact that so many of the great emperors had been buried there. Only one of the 13 tombs had been excavated. We did not enter it. Instead, we walked around the parks and on part of what is called the Sacred Way. There were huge sculptures and lots of carved arches. Altogether very pleasant and relaxing. And it was good to know that we were at this historical place.
Our visit to the Summer Palace in a way was similar. We walked around a lot seeing the lakes and gardens landscaped in beautiful surroundings. The names of the three gardens in the complex were interesting – translated, they meant ‘perfect brightness’, ‘elegant spring’ and ‘eternal spring’. The Chinese have very meaningful names for everything.
I visited Beijing twice more to participate in meetings. On each occasion I spent time at the Great Wall and the Forbidden Palace. I did not go back to the Ming Tombs and the Summer Palace again.
Memories of Community Based Rehabilitation (CBR) that I have recalled until now I realise quite suddenly, come mostly from work which I have carried out for WHO. But there are other great CBR growers that I had the privilege of assisting in their goal of reaching disabled children and adults in the southern hemisphere. The first of these was Sweden. I have in Geneva recalled the Swedish International Development Agency, SIDA. Among others are Radda Barnen or RB later also known as Swedish Save the Children.
Then of course, in academia, that which had the earliest and greatest impact was ICH or the International Child Health Unit of Uppsala University. There was also the Norwegian Association of the Disabled more popularly called just NAD. Yes, the Scandinavians were into CBR in a big way. Then came the Japanese. This was through JICA or the Japan International Cooperation Agency. They were conscious of the situation of disabled people in our part of the world. And they were keen on playing a part in changing that situation.
Radda Barnen or RB, Sweden in Vietnam
Soon after Vietnam won their war against the USA, the country was in a desperate state with the loss of lives and physical destruction the Americans had left behind. Yet unknown were the long-term effects the Vietnamese would face from the chemical warfare used by the mighty enemy. I am sure the immediate effect of what the chemical warfare did was familiar all around the world.
Many images of a forlorn people on their barren land were featured in the World Press and on television. Images of massive environmental destruction are still vivid in my mind. Perhaps in yours too. And six decades later we still hear of infants being born with severe disease and disabilities. Because those chemicals still persist in Vietnam and continue on their seemingly unending path of destruction.
But one thing the Americans could not destroy was the Vietnamese spirit. Fighting a war using purely indigenous strategies and tools with no generous donors fattening their own arms industries by supplying weapons for mass-scale slaughter. Supplying these in their own interest. The war they were forced into brought the Vietnamese people together to fight together. And even when the Americans were long gone, the Vietnamese people stayed together to rebuild their lives, their communities, their country.
It was at this time that Radda Barnen, or RB, asked me whether I would go to Vietnam, VN for short, to help them start CBR. The incredible Olaf Palme, Sweden’s Prime Minister, had stepped in to help VN at a time when the rest of the world treated her as an outcast for her victory over the Americans.
The two countries had a bilateral agreement, with the former assisting in the development of VN’s Timber Industry and Health System, two of Sweden’s strengths. It was in this context that RB was in Hanoi with a programme directed at improving child health through Primary Health Care or PHC. VN had no other development partners at that time. The Dutch came in later, in a small way at first.
My Introduction to Vietnam
Radda Barnen, RB, had offered to include children with disabilities in their cooperation package. The health authorities wished to have an institution built for disabled children. RB talked to the authorities about the possibilities that CBR would offer. Their response was negative; the health people preferred the known, an institution.
Discussions went on for over a year before VN’s Health Ministry was persuaded that CBR may be a better option. Suited both to Primary Health Care and to their culture. In the context of the task that needed to be done of working closely with local people to introduce CBR to them, RB felt that it may be more prudent to send a fellow Asian to do the job with them rather than a Swede.
Having carried out a joint feasibility study, Dr. Anders Norman, who had spent many years for RB in VN, stopped over in Colombo on his way home to Stockholm from Hanoi to brief me about the task. When I greeted him at the Colombo airport, the look of surprise on his face was obvious.
Later, after we got to know each other I asked him about it. He said, “You know, in VN they believe that wisdom comes with age. And you looked so young. I wondered how they would respond to you. Now I know you, I have no concerns on that score.” I was in the fifth decade of my life.
And so it was that over the next 10 years and more I had the great good fortune to get to know these fascinating people, the Vietnamese, and their indomitable spirit. Together with that spirit and the war they fought, the Vietnamese had acquired exceptional organisational skills. They had systems in place to reach their people from the centre to the periphery. And this is what was surprising in a communist system, that at the same time they had systems from the periphery to the centre. I was of course most familiar with their health and their social welfare systems which grew from needs of their people at the grass roots.
Vietnam was a discard also because it had a communist government. Whatever ideology one may attach to the word “communism”, the system I found in VN was not the usual one that is associated with communist political systems. There was indeed a rigid hierarchical structure from the Central People’s Committee of the Communist Party in Hanoi, through those in the province and district to the Commune People’s Committees in every town and village.
These formed the government at each level and must conform to party principles and toe the party line. Deviation from this was not possible. But within the practice of those principles, I found that each People’s Committee was remarkably autonomous and could do their own thing for their members, VN’s citizens.
The beginning of CBR in Vietnam
Thus it was that CBR blended in smoothly within VN’s political administration and through that, its development. Within the People’s Committee at each level, one member was responsible for health and social welfare including employment. In the city of My Tho, Ba (meaning Mrs.) Nguyen was that member. She was my hostess in Tien Giang province and soon became my friend. She was the link between the Provincial People’s Committee and all the district committees with the Central Committee in Hanoi. She facilitated logistic support from Hanoi.
Each district made their own plans for CBR implementation, and within those plans so could reach peripheral People’s Committees. Health and Social Welfare Departments implemented those plans with the resources they commanded. And what is more, the Vietnamese people made this system work. They knew it was to their own benefit. This was obviously a remnant from having fought the war. It was by working together and for each other that they had overcome adversities.
In every community, many had been injured and left with impairment. Wherever possible, people had overcome the consequences of these and were active, contributing members of their communities. Take for example, the loss of limbs and other physical injuries, extremely common in VN because the war was fought on the ground, often face to face.
It was quite amazing for me to find so many amputees among the colleagues I worked with in government and among participants on my courses. So also, people who had parts of their bodies paralysed by poliomyelitis. More often than not these disabilities were not ever seen or noticed. They were not an issue. Some had improvised appliances, others had learned to adapt to living without them and get on with whatever it was they had to do.
Vietnam had also a consciousness and sensitivity about disability. It started within the family and extended into their community. Every member had to contribute whatever they could, and so also members who had disability. This was important for their sense of self-worth on the one hand and for the growth and development of their family on the other. Now when CBR brought them access to technology which enabled those members with disabilities to function and participate more effectively, it was welcome.
The WHO Manual in Vietnamese was an essential tool which they could use themselves. They had but few rehabilitation professionals in the country. When disability was extreme, community members supported the family to provide the care that was called for. In the villages, disabled people were encouraged to come together to share common problems and discuss possible issues. The seeds of what would grow into Disabled People’s Organisations were planted.
And so, the Vietnamese authorities requested RB for increasing support year by year to reach more parts of their country with CBR. First in the south in Tieng Giang, located in the Mekong delta and not far from Ho Chi Minh City. Here they made Cai Lay district a model for learning and teaching.
Then to the central region, to the ancient city of Hue and to Da Nang which had been occupied by American forces for a short while. The authorities then said to Radda Barnen, “Can you help us with the North? We have nothing there.”
So that was how it came to pass that I was with them walking the villages of Hai Hung and in Vinh Phu, where often I was the first foreigner even older children had seen. Radda Barnen support for disabled people was holistic, so there was interaction with the health referral system and physiotherapy and the employment and education sectors as well in Hanoi and in the provinces. And always, always linking with Peoples Committees for socialisation and inclusion.
Mr. Binh
With my memories of Vietnam come always to mind one individual – Mr. Binh. The community workers wanted me to meet Mr. Binh on one of my follow-up visits to their village. Mr. Binh had had a stroke. Since then, he had been confined to bed all day and all night for nine long years. This is how the community workers found him some months before, inside his tiny, dark, single-roomed home.
His wife left by his bedside all that he would need for the day while she went out to work. She left at dawn and returned after dark. After they found him, the community workers brought a few of his neighbours to Mr. Binh. They talked about his situation and how together they could help Mr. Binh. The neighbours were willing to do what they could.
Together, the workers and the neighbours first put up two bars by Mr. Binh’s bed. They helped him to stand up for some time each day. Then to take a few steps. Gradually Mr. Binh very cautiously learned to walk. As he did so, the neighbours and the workers extended the length of the bars to the door and then beyond. The day Mr. Binh walked out that door was the first time in nine years that he had seen the sun shine. But when I spoke with him, Mr. Binh told me that the greatest benefit CBR had brought him was the friendship and interest of his neighbours. They would now pop in ever so often for a chat and to help when needed.
My experience in Vietnam brought home to me the wise words of the great Ho Chi Minh, philosopher, visionary, and poet, a strength and inspiration to the Vietnamese people and to many of us in the developing world:
“By its very nature a stone will not budge by itself.
But when many people join hands,
a stone, however big and heavy can be moved aside.”
Features
The new doctor–patient relationship in the age of AI
When Patients Become Partners:
The Waiting Room That Never Empties
Picture a government hospital outpatient department on any weekday morning. Rows of plastic chairs fill before five o’clock. A mother holds a feverish infant against her chest, a folder of lab reports on her lap. An elderly man has travelled two-six hours by bus from his village. When she finally reaches the doctor, perhaps after three hours of waiting, the consultation lasts 2-4 minutes. A prescription is written in a hand that only the pharmacist has any hope of deciphering.
This is not a story of negligent unempathetic doctors. Most of those doctors are exhausted, processing 60 or 70 patients before lunch, doing the rough arithmetic of a system stretched well beyond its seams. Some patients jokingly compare busy clinics to a skilled coconut plucker moving rapidly from one tree to the next—not because doctors lack compassion, but because the system often leaves them little time to pause. In the private sector, the metaphor shifts — but only in its economics, not its pace. There, the imperative is to climb as many coconut trees as possible. What changes is who bears the cost of the hurry.
A legacy worth defending
Sri Lanka’s public health record is, by any regional measure, something to be proud of. Free healthcare at the point of delivery, a maternal/infant mortality rate that rivals middle-income countries far wealthier than us, these are not accidents. They are the product of generations of political will, professional dedication, and the idea that good health is a right, not a privilege.
The economic crisis of recent years sent a wave of trained doctors and nurses toward the Gulf, Australia, Canada and the United Kingdom. Specialists, who took a decade to train, departed within months. Meanwhile, the cost of private consultations has climbed beyond the reach of ordinary families, pushing them back toward an overstretched public system, or toward no professional care at all.
Patients who did their homework
Something else has changed, and it has changed faster than the system expected. The patient sitting across from the doctor today is not the patient of 10 years ago. She may have spent the previous evening consulting reputable online health resources or AI assistants, such as ChatGPT, to better understand her symptoms. He may have photographed his blood test results and run them through an AI tool that flagged an anomaly before the doctor mentioned it. They arrive with questions, about what additional tests are necessary for further diagnosis, about whether a test is strictly necessary, about what a particular reading on their lipid panel actually means for their life, especially when their life-styles are different. This is what educated, anxious human beings do when something threatens their health. The information age did not ask permission. It simply arrived.
The response from some doctors has been impatience, the feeling that an informed patient is a difficult patient. But the more productive response, increasingly voiced by thoughtful practitioners, is to see this shift as an opportunity. An informed patient is an engaged patient. An engaged patient is more likely to follow a treatment plan, more likely to return for follow-up, more likely to catch an error.
Authority to partnership
The old model of medicine was hierarchical by design. The doctor knew; the patient obeyed. That model had its logic, in an era when the knowledge gap between professional and layperson was absolute. That gap has not closed, but it has narrowed leading to a partnership.
There are doctors in Sri Lanka who already practise this way: arriving on time, spent 15-30 minutes with patients, contactable over the phone specially after a difficult procedure, for communicating plainly and without condescension. They are proof that the ideal is not utopian. It is achievable, which means the question is how to make it the norm rather than the exception.
Smarter, Not Harder
This is where technology enters, not as a replacement for clinical judgment but as a tool for reducing the friction that currently exhausts both doctor and patient.
Take the laboratory report cycle. A patient visits the doctor, is sent for tests, and a second appointment is required. A patient who arrives having already run those results through an AI-assisted tool is not trying to bypass clinical judgment or sidestep any genuine treatment decision. They are trying to eliminate a visit if they “know” that sole purpose is simply for an interpretation of the lab results. That second visit consumes time, money, efforts and transport. AI-assisted interpretation tools, not diagnostic systems, but educational ones, can give a patient a plain-language summary of their results (sometimes using Sherlock Holms’s theory of process of elimination to narrow down the possible causes) before they even walk into the consulting room. The doctor’s time is then spent on clinical decision-making, not on explaining what a haemoglobin or platelets count is.
Then there is the prescription. Illegible handwriting on a small slip of paper has long been a quiet patient safety hazard, and it is worth noting that AI tools have already begun helping patients and pharmacists decode what was written. But digital prescriptions go a step further: they eliminate the ambiguity entirely, and allow a patient to scan what they have been given, learn the name of each drug, understand what it does, and be alert to any side effects. This is not a challenge to the doctor’s authority. And when a patient discovers in the process that an approved generic equivalent costs a fraction of the branded price, they are empowered, not endangered.
Telemedicine, which got a reluctant push during the pandemic and has since retreated in public imagination, deserves a second look. Follow-up consultations for stable chronic conditions, blood pressure reviews, diabetes management, post-operative monitoring, need not always require a physical journey. The technology exists. The will to use it more widely is what remains to be mobilised.
Wisdom in herb garden
No conversation about healthcare in Sri Lanka is complete without acknowledging the parallel system that millions of people have never abandoned: traditional Hela medicine. Ayurveda, Siddha, Unani, and the vast informal knowledge embedded in village practice, these are not simply alternatives to modern medicine. For many Sri Lankans, they are the first resort.
The relationship between indigenous knowledge and scientific medicine has too often been one of mutual suspicion. Modern practitioners dismiss traditional remedies as unproven; traditional practitioners regard clinical trials as a foreign imposition. Neither position is adequate.
Consider Heen Bovitiya — known to botanists as Osbeckia octandra and to generations of Sri Lankan grandmothers as a trusted remedy for liver complaints and jaundice. Serious liver disease remains one of the conditions for which Western medicine offers no easy answer: its definitive treatment is a transplant — costly, risky, and followed by a lifetime of expensive immunosuppressant medication. Against that reality, a plant with pre-clinical evidence of hepatoprotective and anti-inflammatory properties is not a curiosity. It is a serious research priority. The studies so far are promising. They are also, as yet, large-scale clinical trials in humans have not been conducted, and questions of optimal dosage, mechanism of action, and drug interactions remain open.
The honest position is neither to dismiss the remedy nor to prescribe it uncritically. It is to say: this is a serious candidate for rigorous investigation, and Sri Lanka, which grows the plant, knows its traditional uses, and has the academic institutions to study it, is precisely the right place to conduct that research. AI tools that can process vast pharmacological datasets may accelerate that work considerably.
The future of healthcare should not be a competition between Western and indigenous medicine, but a commitment to evaluating all treatments by the same standards of safety, effectiveness, and quality.
Future Is Not a Machine. It Is a Better Conversation.
The fear that artificial intelligence will replace doctors is, at this stage, a distraction from the more important question. AI cannot examine a patient. It cannot feel the anxiety in a room. What it can do is handle the transactional, the look-up, the summary, the cross-reference, so that the human part of medicine can breathe.
The future worth working toward is not AI versus doctors. It is AI and doctors and informed patients, each contributing what they do best. The doctor could bring clinical expertise and the irreplaceable capacity for compassion. The patient brings self-knowledge, lived experience, and, increasingly, preparation. The technology brings tireless availability and pattern recognition at scale.
What we measure matters. A consulting room’s success should not be counted in patients seen per hour. It should be counted in patients who leave feeling informed about their condition, respected as partners in their own care, reassured that someone is genuinely attending to them, and confident about what to do next.
The Thing Patients Remember
There is a truth that experienced nurses know, that the best doctors quietly understand, and that patient experience research consistently confirms: patients may forget the prescriptions. They may forget the name of the drug, the dosage, even the diagnosis. But they rarely forget how they were treated, pleasant or rude.
They remember the doctor who looked up from the desk. The one who said, “That’s a good question.” The one who spent two extra minutes to listen, drawing a small diagram to explain where the problem was. They remember being seen, not just examined, but truly seen, as a person rather than a case number.
Sri Lanka has those doctors and nurses, in every district, in every ward, working against the odds. The task now is to build a system worthy of them, and of the patients who place their lives, without much choice in the matter, in their hands.
Technology may transform medicine. Artificial intelligence may transform diagnosis. Digital health may transform hospitals. But trust will always define healing.
(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT, Malabe. Views expressed in this article are personal.)
Features
Eric J. de Silva: consummate public servant and my life-long friend
By G. Usvatte-aratchi
(B.A. (Cey.); Ph.D. (Cantab.))
Eric came to Ramanathan Hall in June, 1954, from Mahinda College, Galle, with much celebrity. He was one of the youngest in the freshmen class. In Galle, in the 1950s, there were several schools where students studied to enter the University of Ceylon: Mahinda, Richmond and St. Aloysius’. Mahinda College, under Principal E .A. Wijesuriya, had become a powerhouse, sending brilliant students to the University of Ceylon. Siri Gunasinghe was on his way to stardom, shining brightly in Sinhala poetry, fiction and drama, besides his main academic interest in arts history. Eric, in time, shone with no less brilliance in a wider constellation, spreading enriching light onto the lives of millions of people in this land. I was privileged to be his friend.
We were two among the 20 students who studied for the Economics Special degree, 1958. His teachers included A. J. Wilson and I. D. S. Weerawardena, both outstanding academics who excelled as scholars as well as teachers. His fellow students were Mirani Perera (Secretary, Central Bank), Dharmasiri de Alwis (later Dharmasiri Senanayake), (Secretary of the SLFP, a Minister in Sirimavo Bandaranaike’s government, and a smart politician), Wijeratne (GATT, Geneva) and several others. I followed a different specialisation and chose a different career.
In 1959, Eric joined the public service as a member of the elite Ceylon Civil Service. It was usual for a few of the smartest students in the university, each year, to compete for a few places in the Ceylon Civil Service and Eric was one of them. A few who preferred an academic career stayed back in the university; in our year Hemapala Wijewardena, a truly brilliant man who rose to be Professor in the Department of Sinhala in Colombo, was one such.
In 1955 (or 1956?) N. K. Sarkar from Calcutta, who taught us statistics, and S. J. Tambiah, who later became Director of the Peabody Museum and a world-renowned anthropologist at Harvard, undertook a survey of five villages in Patadumbara, as they were interested in changes in our society and agrarian relations in that part of the country. The findings of that Survey, published by the University of Ceylon Press as ‘The Disintegrating Village,’ were seminal, in effect. The anthropological studies of Edmund Leach (of Cambridge), Pul Eliya and later, the prolific work of the anthropologist Gananath Obeysekera (of Princeton) were deeply influenced as to the methods of research and subject matter thereof. Eric and I were teamed together to visit families and fill questionnaires. One morning, we noticed that the families we visited lived in thatched houses, most of which had no lockable doors. Out of curiosity we gently inquired why they did not lock their doors. They in return asked us why would anyone want to burgle homes where there was nothing to steal.
Eric married Trixie soon after she graduated having wooed her after she came to Peradeniya. Trixie and her sister Dulcie lived with their aunt in a house immediately next to the Boys’ Hostel of the Hikkaduva Central School, where we juniors were housed. Their brother Derek was at school (Richmond?) in Galle and later joined the Army as an officer. Sarachchandra started rehearsing students to act in Maname in 1956 and Trixie was selected to the small choir. Eric immediately became a keen, avid aficionado of drama and missed hardly any rehearsal. He made sure that he stayed close to Peradeniya after graduation by securing a position as a teacher in Dharmaraja College, Kandy. Their four children brought distinction to themselves and their parents. Nishantha, a scientist, who taught at Jayewardenepura, and later at State College, Pennsylvania, was most remarkable in her devotion to the care of her son; Manjula won first class honours in economics at Colombo and obtained a higher degree in London; Varuna, who stayed back in Colombo with his father and Sanjaya with a Ph.D. from Yale and was a Professor of Economics at Bard College in upstate New York. Apart from their intellectual brilliance they honoured themselves and their parents by maintaining lives of the highest integrity.
Eric was the Government Agent in Trincomalee for several years and lived in a bungalow in a sprawling compound with the beach as one boundary. Deer freely roamed in his compound. One summer, which we spent in Colombo, my family were their guests. Trixie and Eric were perfect and graceful hosts and the children had a whale of a time which they recalled for many years. Varuna was the leader of the gang and we had one photograph (from those days of cumbersome photography) of them going in a procession on the beach. As the children grew up to go to school, Eric came to live in Wijerama Mawatha, Colombo.
Among the episodes in his work that Eric talked about, two stand out in my memory. Eric worked in an office of Prime Minster of Sirimavo Bandaranaike, with W. T. Jayasinghe as the Permanent Secretary. Martin Wickremasinghe’s novel Bava Taranaya was published in 1973 and, immediately, there was widespread agitation among some Buddhists because the account in the novel of the life of Siddhartha Gautama differed very much from the orthodox accounts that had grown over more than a millennium. Prominent learned bhikkhu led the charge, among them Yakkaduve Pragnarama of Vidyalankara and Henpitagedera Gnanaseeha. Bhikku were one of the highly influential parts of the constituency of SLFP and Gnanaseeha was one of the most prominent among them. Bandaranaike was a most astute politician and could not be rushed into any ill-advised action. Jayasinghe informed Eric that the Prime Minister wanted a report on the book to help her make up her mind on the question. During a weekend, Eric read the novel and his report was handed over by Jayasingha to the Prime Minister. Someone wrote an evaluation of Bava Taranaya, a few days ago in the Lankadeepa.
When Eric was in Trincomalee, Amaradasa Gunawardena (Ramanathan,1958, Sinhala Special) was in Polonnaruva. One year there was a severe drought which threatened to ruin the rice crop in Trincomalee while the reservoirs in Polonnaruva were brimful. There was much agitation and rice growers urged politicians and public servants to seek solutions. Eric spoke to Amaradasa and went to meet him at the border. Hope ran high in Trincomalee. In the evening, when he returned to his office, Eric was garlanded and there was much jubilation. He continued to be feted the whole week. Many prominent citizens and savvy politicians urged Eric to contest the Trincomalee seat in Parliament. There were precedents when successful Government Agents had successfully entered politics from their districts. Eric limited himself to become a distinguished public servant.
Eric’s work at the Ministry of Education made a lasting impression on his mind. Of the many problems he handled as a senior public servant, nothing interested him as school education did. I had learnt about medieval universities, for the first time, in a course of three lectures that Fr. S. I. Pinto delivered in my first year at Peradeniya. Eric was not in that course. I read Rashdall’s three-volume definitive study on that subject and has never stopped reading it. I came back to live in Colombo in 1996, with a commitment to contribute to educating the public on economics and social problems in the country and selectively elsewhere. About that time there were a few scholars actively studying school education: Swarna Jayaweera, S. Sanderasegaram, Ariyadasa de Silva (all in Colombo), Chandra Gunawardana (Open University) and G. B. Gunawardana (NIE). They were mostly students of the illustrious professor J .E. Jayasuriya (Peradeniya). They provided a small audience with whom we could share our interests. Both Eric and I delivered lectures in honour of J. E. Jayasuriya. Eric used to pick up Varuna’s daughter from the British School which was 10 minutes’ walk from my home and Eric, not infrequently, stepped in. We often chatted on subjects that interested us. After a while, Eric suggested that we might collect a few more people to join in the conversations. Effortlessly, we went back to Peradeniya days and invited Haris de Silva (historian and Government Archivist), W. M. K. Wijetunge (historian and Professor) K. S. E. Jayatilaka (Economic Statistician and Deputy Governor, Central Bank) and Mettananda (Ministry of Education).
We pompously called ourselves the Education Research and Study Group (ERSG) and met in my porch. Each of us contributed an equal sum of money, which did not amount to a lot but we managed it carefully. The only resources we received from outside were the services of a professor from a German university, which the Goethe-Institut, Colombo paid for. We mostly chatted about what we had read and mused about in the previous fortnight and our reactions to educational matters that had come up. We discussed both school and university education. Our discussions inspired Eric to write the short book, ‘Politics of Education Reform and other Essays’. When we had sufficient material, we called a public seminar and were pleasantly surprised that we had an audience. We congratulated ourselves when the ministry changed a policy or other course of action in reaction our presentations in the press. We disbanded ourselves when some of us pre-occupied themselves with other matters.
We celebrate Eric’s life and work. He carried with himself the education and training that he received from Mahinda College, Galle and the University of Ceylon. With quiet efficiency, that was characteristic of much of the Civil Service, Eric worked at the highest levels in management when institutions in the new state Ceylon were yet in a formative stage. As that state matured into Sri Lanka, the purposes and procedures in many of those institutions frayed and their energy sapped. The commitment and the enthusiasm that Eric exhibited are high value assets with which to start their reformation and revitalisation.
Features
People’s mandate and judicial legitimacy
Sri Lanka is witnessing the dismantling of the culture of impunity that dominated public life for decades. This is happening through the courts, police investigations and legal process. It is not an easy task and requires strong leadership as it is generating strong resistance. The ongoing revelations about the nexus between politicians, including those at the highest levels, and criminal networks show that the government’s electoral mandate with regard to corruption and crime is now being translated into action through the legal system. The vote of the people at the last national elections was for a corruption free country and an end to the climate of impunity that had prevailed for decades. They voted for a system change that would replace impunity with accountability under the rule of law. They expected those who had looted the country and brought it to the point of bankruptcy to be held accountable through the due process of law.
The cases that are being investigated by the police, in tandem with the Attorney General’s Department, and adjudicated by the judiciary are based on hard evidence. Much of the evidence that is now receiving publicity had been available several years ago and had even entered the legal process. In the past those cases failed to reach fruition. Investigations lost momentum, prosecutions failed to marshal the available evidence and many cases were dismissed, some on technical grounds. Between 2019 and 2024, a total of 102 cases were withdrawn from the courts by the government authorities. The public knew, or strongly believed, that corruption and serious crimes had taken place. The inability to establish wrongdoing before a court of law and hold those responsible accountable created a climate in which political power appeared to provide protection from legal accountability.
A countrywide study titled Factors Guiding Voter Preference in Elections in Sri Lanka was commissioned by the National Peace Council prior to the 2024 elections under the European Union funded project Active Citizens for Elections and Democracy and conducted by researchers Dr Mahesh Senanayake and Ms Crishni Silva of the University of Colombo. It found overwhelming public support for accountability and good governance. While 93 percent of respondents identified resolving the economic crisis as their foremost electoral concern, an equally striking 83 percent said they prioritised candidates committed to fighting corruption. The mandate given to the government can, therefore, be interpreted to mean to restore integrity to public life and end the long standing culture of impunity.
Different Approach
Today, it can be seen that the police, the Commission to Investigate Allegations of Bribery or Corruption, the Attorney General’s Department and the judiciary are approaching matters of impunity in respect of corruption and crime in a manner that is markedly different from the past. Several persons who formerly occupied high office have now been subjected to due legal process and, in a number of cases, convicted after judicial scrutiny at different levels of the court system. This is an important difference from earlier years when cases involving politically prominent persons frequently failed to proceed or collapsed before reaching their conclusion. The strength of the present accountability process lies not only in the convictions that have been secured but also in the growing public confidence that no one is above the law. It is in this context that reports of a government proposal to extend by two years the retirement age of judges of the Supreme Court and the Court of Appeal have generated support from those who wish to see the present accountability process continue and opposition from those who see it as an attempt to influence the judiciary.
Many countries have increased judicial retirement ages in recognition of longer life expectancy and the value of retaining experienced judges. This has not only been limited to the judiciary but also the academia and the public service. However, the controversy in Sri Lanka is due to the context and as the proposal for an extension of the period of service of judges of the superior courts comes at a time when the courts are hearing politically significant corruption and criminal cases. The Bar Association of Sri Lanka has taken the lead in questioning the proposed constitutional amendment. The BASL has stated that it “notes with grave concern” reports that the government is considering increasing the retirement age of judges of the Supreme Court and the Court of Appeal. It has warned that extending the tenure of sitting judges at this point of time is likely to be viewed by the public as an attempt to interfere with the independence of the judiciary.
The main issue raised by the BASL is therefore one of preserving public confidence in the administration of justice. A discussion organised by the BASL also highlighted that this issue has implications beyond Sri Lanka. Representatives of the Commonwealth Lawyers Association and LAWASIA acknowledged that many countries have increased the retirement age of judges in recognition of greater life expectancy and the value of retaining experienced judges. Their concern was not with increasing the retirement age itself but with changing the tenure of sitting judges while politically significant corruption cases are before the courts. In such circumstances, even well intentioned reform could create a public perception that the judiciary is being influenced to take forward the government’s mandate in a partisan manner.
Maintain Confidence
The challenge before the government is to preserve two equally important objectives. The first is to continue implementing the people’s mandate to hold the corrupt and those responsible for grave crimes accountable before the law. The second is to ensure that nothing is done which could diminish public confidence in the independence and impartiality of the judiciary that is entrusted with carrying out that responsibility. The strength of the present accountability process lies in the confidence it has generated among the public that investigations, prosecutions and judicial decisions are being made according to law as in the convictions that have been secured. Sri Lanka has come a long way from the days when politically sensitive cases rarely reached a successful conclusion. It would be unfortunate if doubts regarding the independence of the judiciary were to overshadow what has otherwise been a significant institutional achievement.
In the face of the concerns expressed by the BASL, opposition political parties and international legal organisations, it would be prudent for the government to widen the discussion on the proposed amendment. If there is a compelling case to increase the retirement age of judges of the superior courts, that case should be placed before the public and parliament and debated openly. Such a constitutional amendment should not rest solely on the government’s parliamentary majority, even if it has the numbers to secure its passage. Simply utilising the numbers that the government on its own to make changes to the constitution will not increase its legitimacy or credibility. Those values will be strengthened if they were preceded by public consultation and supported across party lines in Parliament. Bipartisan political support can be expected from those in the opposition, of whom there are many, who have shown an inclination to practice responsible politics in the national interest.
The people voted not only to change a government but to change a system. They expected those who abused public trust to be held accountable through institutions that commanded public confidence. That expectation is beginning to be fulfilled. It should not be placed at risk by constitutional change that lacks broad public acceptance. If the government believes there is a compelling case to extend the retirement age of the judges of the superior courts, it should first make that case to the people and seek bipartisan support in Parliament with those in the opposition who are also sincere about anti-corruption and good governance. The challenge is to protect the independence of the judiciary while ensuring that no one is above the law. Overcoming this challenge is the surest way to make Sri Lanka’s transition from a culture of impunity to one of accountability a lasting one.
by Jehan Perera
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