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The dilemma of a definition: Terrorism without terror?

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A file photo of a protest against the PTA.

Part 1: Principles to be followed

(This is the first part of ‘The Dilemma of a Definition: Terrorism Without Terror?’, published in The Island on Friday (11). Due to a numbering error, the second part was published first. We regret the error, which is ours. Both articles are now available in the correct order in our Internet edition – Ed.)

Following its electoral promise to abolish the Prevention of Terrorism Act (PTA), the government has appointed a committee led by Rienzi Arsekularatne, Senior President’s Counsel, to draft a new law to replace it. Mr Arsekularatne has decades of experience in criminal justice, having worked as both a prosecutor and defence counsel. He represented many activists unfairly accused of crimes during the Aragalaya. As a legal advisor to the Catholic Church, he has a good understanding of the rights of victims and their families. He will thus be able to consider issues from the perspectives of the State, criminal justice, human rights, suspects, accused, activists, and victims.

The PTA does not create an offence of “terrorism”; instead, it provides for special provisions regarding offences, most of which are already covered by law. In 2018, the Yahapalanaya government proposed a Counter-Terrorism Act (CTA) that sought to define terrorism. Certain acts, not necessarily involving the use of violence, let alone terror, would amount to terrorism. When the Bill was taken up for discussion by the Sectoral Committee on Defence, the writer, then a Member of Parliament of the ruling coalition, argued that many acts committed during the famous Hartal of 1953 would have come within the proposed offence and that Opposition politicians such as S.W.R.D. Bandaranaike, N.M. Perera, Philip Gunawardena and Colvin R. De Silva would have gone to jail as “terrorists”. The Bill was withdrawn in the face of local as well as international concern.

One can say the same of acts committed during the Aragalaya on Galle Face. Even if some acts were not entirely peaceful, they were by no means acts of terrorism. Events involving violence in the aftermath of attacks on protesters, including the unfortunate killing of a Member of Parliament and the torching of houses of politicians, were dealt with under ordinary law, not under the PTA.

Protests and strikes are not tea parties. They may lead to tension and even violence. Strikes are intended to paralyse the institution or sector concerned so that a service cannot be provided. A strike in the health sector, causing a serious risk to the health and safety of the public, or a protest that may cause a serious risk to public safety, is not terrorism. Not every severe damage to a place of public use or governmental facility should be labelled terrorism. Such acts can be dealt with under the normal law.

The dangers of an overly broad definition go beyond conviction and increased punishment. Special laws on terrorism permit deviations from standard laws in areas such as preventive detention, arrest, administrative detention, restrictions on judicial decisions regarding bail, lengthy pre-trial detention, the use of confessions, superadded punishments such as confiscation of property and cancellation of professional licences, banning organisations, and restrictions on publications, among others. The misuse of such laws is not uncommon.

Drastic legislation, such as the PTA and emergency regulations, although intended to be used to curb intense violence and deal with emergencies, has been exploited to suppress political opposition. In the aftermath of the presidential election of 1982, several opposition politicians, prominent among them Vijaya Kumaratunga, were taken in for preventive detention under emergency regulations allegedly to prevent “a Naxalite-type coup”. They were released only after the completion of the notorious referendum, which extended the term of Parliament by six years.

None of them was charged in court. It is evident that they were detained not to prevent them from attempting to overthrow the government, but to prevent them from campaigning against it. Even the ICCPR Act has been misused. Our legal literature is replete with Supreme Court judgments and statements of the Human Rights Commission on the misuse of special legislation. The JVP, the main party of the government, has been at the receiving end of such misuse for decades.

The writer argues that, as a fundamental principle, for an act to come within the definition of terrorism, it must involve ‘terror’ or a ‘state of intense or overwhelming fear’ or be committed to achieve an objective of an individual or organisation that uses ‘terror’ or a ‘state of intense or overwhelming fear’ to realise its aims. This principle has been recognised internationally even subsequent to the 11 September 2001 (9/11) incidents.

Acts related to terrorism can occur without violence, such as when a member of an extremist organisation remotely sabotages an electronic, automated, or computerised system to achieve the organisation’s aim. However, if the same act is performed by, say, a whizz-kid without any connection to such an organisation, it would be illegal and should be punished, but not under a law on terrorism.

Principles to be followed: International standards

The international community’s inability to agree on a definition of ‘terrorism’ has been a significant reason for the absence of a single multi-lateral treaty on terrorism. Yet, several treaties address issues involving the use of terror. Among them are those dealing with violence at airports and on aircraft, maritime navigation, crimes against internationally protected persons, hostages, bombings, nuclear terrorism and financing of terrorism. Sri Lanka is party to more than a dozen such treaties and has enacted domestic legislation to give effect to most of them.

In its resolution 1566 of October 2004, the UN Security Council used a wider phrase “criminal acts, including against civilians, committed with the intent to cause death or serious bodily injury, or taking of hostages, with the purpose to provoke a state of terror in the general public or in a group of persons or particular persons, intimidate a population or compel a government or an international organisation to do or to abstain from doing any act” but restricted it to “offences within the scope of and as defined in the international conventions and protocols relating to terrorism.” As mentioned above, most such treaties are already part of our domestic law.

The UN General Assembly, in its resolution adopted on 8 December 2005 on “Measures to eliminate international terrorism,” referred to “criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purposes are in any circumstances unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, religious or other nature that may be invoked to justify them”.

The UN General Assembly reaffirmed this wording in January 2006 (Resolution 60/43), using the phrase “criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons or particular persons for political purposes.”

Thus, there is consensus within the United Nations, which has as its members developed countries, developing countries and least developed countries, that the threshold for a possible general offence of terrorism is the provocation of a state of terror.

The Parliamentary Assembly of the Council of Europe has defined an act of terrorism to be “any offence committed by individuals or groups resorting to violence or threatening to use violence against a country, its institutions, its population in general or specific individuals which, being motivated by separatist aspirations, extremist ideological conceptions, fanaticism or irrational and subjective factors, is intended to create a climate of terror among official authorities, certain individuals or groups in society, or the general public.” (Recommendation 1426 of 1999).

Terrorism without terror? Need to avoid over-broad definitions

Overbroad definitions of terrorism allow the State to harass individuals, especially critics of the government and civil society activists, and detain them for lengthy periods, thereby suppressing and discouraging criticism.

In his 2023 report on ‘Activities of the United Nations system in implementing the United Nations Global Counter-Terrorism Strategy, the Secretary-General warned against over-broad definitions: “Vague and overly broad definitions of terrorism and related offences in domestic legislation are a recurrent concern, further compounded by a frequent lack of appropriate safeguards to prevent their unlawful or arbitrary implementation in counter-terrorism. Such laws are not only contrary to the principle of legality under international human rights law, but they often result in heavy-handed implementation, leading to ineffective and counterproductive counter-terrorism responses. …

In some contexts, counter-terrorism laws and measures continue to be routinely misused to label civil society actors, including human rights defenders, as terrorists and to prosecute them for terrorism-related offences with a view to obstructing their work.”Martin Scheinin, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, stated in his report (A/62/263, paragraph 66): ” In the absence of a universally agreed definition of terrorist acts, some States have included in their national counter-terrorism legislation a broad range of acts which do not, in terms of severity, purpose or aim, reach the threshold of objectively being considered terrorist acts, or the threshold required for exclusion from refugee status. Such broad definitions have in many instances been used to suppress legitimate activities which fall within the ambit of the freedom of opinion, expression or association enshrined in the International Covenant on Civil and Political Rights.”

The UN Human Rights Committee (HRC), the treaty body of the International Covenant on Civil and Political Rights (ICCPR), commenting on the Spanish Penal Code stated: ‘The vaguely defined crime of collaboration [with terrorist organisations] runs the risk of being extended to include behaviour that does not relate to any kind of violent activity. If conduct is criminalised as support to terrorism, it must be clear which elements of such conduct make it a terrorist crime.’

On a Russian law on terrorism, the HRC stated: ‘[T]he State party should: (a) Adopt a narrower definition of crimes of terrorism limited to offences that can justifiably be equated with terrorism and its serious consequences, and ensure that the procedural guarantees established in the Covenant are fulfilled.’

Upon the HRC stating that the offence of ‘encouragement of terrorism’ has been defined in the original section 1 of the Terrorism Act 2006 of the United Kingdom in broad and vague terms, the Act was amended to conform to the HRC’s views.

The United Nations Office on Drugs and Crime (UNODC) is the custodian of United Nations standards and norms in crime prevention and criminal justice, with a mandate to assist Member States in reforming their criminal justice systems to ensure the practical application of these standards. The UNODC Handbook on Criminal Justice Responses to Terrorism is instructive. Regarding the definition of terrorist acts and terrorism-related crimes, the UNODC emphasises that the “criminalised conduct should be described in precise and unambiguous language that narrowly defines the punishable offence and distinguishes it from conduct that is either not punishable or is punishable by other penalties.” The handbook was prepared with the participation of experts from around the world, who worked for several months, and was finalised at a workshop in Vienna. The writer was privileged to be a member of the team.

The Council of the European Union Framework Decision on combating terrorism of 13 June 2002, after the 9/11 attacks, calls upon Member States to declare as terrorist offences intentional acts, ranging from attacks upon a person’s life which may cause death, releasing of dangerous substances, or causing fires, floods or explosions endangering human life which, given their nature or context, may seriously damage a country or an international organisation where committed with the aim of seriously intimidating a population, or unduly compelling a Government or international organisation to perform or abstain from performing any act, or seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation.

Article 421-1 of the French Penal Code on terrorism lists offences that would constitute acts of terrorism “where they are committed intentionally in connection with an individual or collective undertaking, the purpose of which is seriously to disturb public order through intimidation or terror.”

by (Dr) Jayampathy Wickramaratne, President’s Counsel ✍️



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El Niño and Sri Lanka: Safeguarding food security in uncertain times

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El Niño

by Prof. Janaka Wijesinghe, Dr. Nishala Wedamulla and Gayathma Weerawanni

As climate variability becomes an increasing challenge for nations worldwide, Sri Lanka faces growing concerns over the impact of El Niño, a natural climate phenomenon that can disrupt rainfall patterns, increase temperatures, and place additional pressure on agricultural production. For a country where agriculture remains a vital part of the economy and rural livelihoods, preparing for climate uncertainty has become essential to safeguarding food security. Food security includes not only the availability of food but also access to nutritious and affordable food.

Climate-induced disruptions to agricultural production can affect all dimensions of food security. Vulnerable populations, including low-income households and rural communities, are often the most affected by fluctuations in food supply and market prices.

Cause of the phenomenon

El Niño occurs when sea surface temperatures in the central and eastern Pacific Ocean become unusually warmer than normal, influencing global weather patterns. Although the phenomenon originates thousands of kilometres away, its effects are felt across many regions, including South Asia. According to experts, in Sri Lanka, El Niño events can contribute to irregular rainfall, prolonged dry periods, higher temperatures, and changes in the timing and intensity of monsoon rains.

Sri Lanka’s agriculture sector is particularly vulnerable to these climate fluctuations and faces increasing challenges from climate variability, with the El Niño phenomenon emerging as one of the most significant threats to national food security. As global temperatures continue to rise, understanding and preparing for the impacts of El Niño has become essential for ensuring a stable food supply and protecting the livelihoods of millions of Sri Lankans. Mainly, rice, the staple food of Sri Lanka, depends heavily on reliable water availability.

Reduced rainfall during critical cultivation periods can lead to drought conditions, lower reservoir levels, and can affect paddy yields, while excessive rainfall at unexpected times can damage the crop through flooding, diseases, and poor field conditions. In addition, other crops, including vegetables, fruits, and plantation crops, may also experience productivity losses due to heat stress and water shortages. These impacts can result in food shortages, rising food prices, and reduced incomes for farming communities.

The consequences of climate-related agricultural disruptions extend beyond farmers. Reduced crop production can lead to increased food prices, greater dependence on imports, and challenges in maintaining a stable food supply. For vulnerable communities, especially small-scale farmers and low-income households, these impacts can significantly affect nutrition and livelihoods.

Need to reduce postharvest losses

In such circumstances, reducing postharvest losses becomes a critical component of national food security strategies. Food that is produced but lost after harvesting represents wasted land, water, energy, labour, and financial resources invested in the production. In Sri Lanka, significant quantities of fruits, vegetables, grains, and other agricultural commodities are lost due to inadequate harvesting practices, poor postharvest handling, unsuitable storage conditions, inefficient transportation, and limited processing facilities. During periods of climate stress, such as El Niño-induced droughts, these losses become even more serious because the available food supply is already under pressure. Minimising postharvest losses can, therefore, increase food availability without requiring additional land or agricultural inputs. Hence, strengthening postharvest management can make a major contribution to climate resilience. Improved harvesting techniques, better packaging, temperature-controlled storage, efficient transportation systems, and modern processing technologies can extend the shelf life of agricultural products and reduce wastage.

How to face challenges

Promoting small-scale processing and value addition can also help farmers preserve surplus production and maintain income during periods of market fluctuations. Achieving food security in an era of climate uncertainty requires a comprehensive approach that considers both production and preservation. Increasing agricultural productivity alone is not sufficient if a significant portion of harvested food is lost before reaching consumers. Reducing postharvest losses should be recognised as one of the most practical, cost-effective, and sustainable solutions for ensuring food availability.

Moreover, Sri Lanka has opportunities to strengthen its resilience against El Niño-related challenges. Improving climate forecasting systems and ensuring that farmers receive timely weather information can help communities make better decisions on planting dates, crop selection, and water management. Climate-smart agricultural practices, such as drought-tolerant crop varieties, efficient irrigation methods, soil conservation, and improved water storage, can reduce risks associated with changing weather patterns. Water management remains one of the most important strategies for climate resilience. Expanding rainwater harvesting, maintaining irrigation systems, and protecting watersheds can help communities manage water shortages during dry periods.

Importance of climate-smart agriculture

At the same time, Sri Lanka must continue to promote climate-smart agricultural practices. The use of drought-tolerant crop varieties, efficient irrigation systems, soil conservation methods, and improved weather forecasting services can help farmers adapt to changing climate conditions. Providing timely climate information enables farmers to make informed decisions regarding crop selection, planting schedules, and resource management.

Investment in research and innovation will also play a key role. Agricultural institutions and researchers can support farmers by developing technologies and practices suited to changing climatic conditions. Promoting crop diversification can further reduce dependence on a limited number of crops and provide alternative sources of income during periods of climatic stress.

Food security in the face of climate change requires cooperation among government agencies, farmers, researchers, private-sector stakeholders, and communities. Early warning systems, disaster preparedness plans, and supportive agricultural policies can help minimise the effects of extreme climate events. As climate uncertainty becomes the new normal, proactive measures are essential to protect Sri Lanka’s food future. While El Niño presents significant challenges, strategic planning, innovation, and collaboration can help the nation build resilience and ensure that every citizen has access to safe, nutritious, and affordable food. More importantly, policy support is crucial in building a resilient food system. Government agencies, research institutions, and the private sector must work together to develop sustainable agricultural practices and strengthen food supply chains. Diversifying food production and reducing post-harvest losses can also contribute to greater food security.

El Niño as a stark reminder

El Niño is a reminder that climate challenges do not respect geographical boundaries. While Sri Lanka cannot control global climate phenomena, it can strengthen its ability to adapt and respond. By combining scientific knowledge, sustainable farming practices, and effective planning, the nation can protect its food systems and ensure a more secure future in an era of increasing climate uncertainty.

As the climate continues to change, preparedness is no longer an option; it is a necessity for protecting Sri Lanka’s food security and the livelihoods of generations to come.

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Getting organised for the new arrival

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BY Dr B. J. C. Perera
MBBS(Cey), DCH(Cey), DCH(Eng), MD(Paediatrics), MRCP(UK), FRCP(Edin), FRCP(Lond),
FRCPCH(UK), FSLCPaed, FCCP, Hony. FRCPCH(UK), Hony. FCGP(SL)
Specialist Consultant Paediatrician and Honorary Senior Fellow,
Postgraduate Institute of Medicine, University of Colombo, Sri Lanka.

An independent freelance medical correspondent

KEY POINTS

=Being parents of a newborn baby is a tremendous responsibility.

=To attend to the necessary chores and duties at home, the home set-up must be well organised.

=The routine care of a baby, throughout 24 hours, is a demanding one. But if things are well looked after and prearranged, it would make the task that much easier.

=It is a joint responsibility of the mother, as well as the father, and all other inmates of the same household.

At long last, the baby has arrived, and the parents will be taking him or her home. Usually in uncomplicated deliveries, even after Caesarean operations, the baby is sent home in a couple of days. It is generally a hectic time, and if steps have not already been taken to get things organised at home, it can be quite difficult for new parents. Getting things in shape should have started well before the baby’s birth, but even if he or she arrives earlier and unexpectedly, getting organised at that stage is important to make life easier for both parents. This is perhaps easier said than done, especially for a young couple, but it is a process that would pay dividends. All that is required is plenty of common sense. Getting organised for the newborn baby well in time will make life that much easier in the subsequent months and years to come.

An important thing to do is to arrange everything in the bedroom so that the ‘baby things’ are easily accessible and you know where to find each item. As an example, it should not be necessary to look high and low for nappy pins once a nappy has been put on the baby. What is advocated today is to keep the baby in the same bed as the parents, and this means an extra cot may not always be necessary. It would also provide a little more space in the room, which would otherwise have been taken up by a cot. However, a small baby cot is sometimes useful to put the baby to sleep and provide some rest and relaxation to the mother.

If the baby is kept on the same bed as the mother, there is no danger of the mother rolling over the baby during sleep, as the natural in-built maternal instincts would wake her up at the slightest touch from the baby or the tiniest noise from the baby.

Clothes and nappies

The clothes and nappies of the baby should be easily accessible and available at all times. It is not necessary to buy a new almirah or a cupboard for the baby. A couple of shelves of a cupboard that is already in the bedroom would do nicely. Even a small separate wooden or cane rack with shelves too would be more than adequate for this purpose. The secret is to still have sufficient room in your own bedroom to move about even after getting the baby’s things organised. Sweeping and cleaning the bedroom should be done every day. Some people elect to wet-mop the floor, which is a really good thing. These tasks should not take too much time and could be quickly attended to when the baby is resting quietly after a feed.

Other people in the household and perhaps the father of the baby could help in this regard. Battery torch lights and emergency lights for power failures should be kept in places that are easily accessible, even in the dark. It is no joke to start looking for these things when there is a loss of electrical power. One needs to be prepared, as such unexpected power failures are so very frequent in certain areas of the country. Incidentally, there is nothing against the use of electric fans in the bedroom where the baby is.

During very warm days, it will only make the baby more comfortable. It will not cause any illness. The same applies to air conditioners, provided they are maintained well and serviced regularly. If there is a telephone in the house, it would be worthwhile getting a cordless extension so that the mother does not have to run around in circles to answer the phone while attending to the needs of the baby. This is of course minimised completely today with the use of modern mobile phones.

Feeding the baby should not cause any problems at all. The need of the hour is to exclusively breastfeed for the first six months. THERE IS NO OTHER MILK THAT COMES EVEN CLOSE TO THE GOODNESS OF MOTHER’S MILK – FULL STOP; NO ARGUMENTS AND NO BUTS. There is extremely convincing and overriding scientific evidence for breast milk being the very best form of nutrition for a new arrival. It is the golden elixir of life, and there is nothing else, absolutely nothing else, that is as good as mother’s milk for a baby. The infant milk-food companies can even shout from the rooftops but they have no chance, whatsoever, against proven scientific medical evidence. It is also important to stress that babies need to be fed on demand and very definitely NOT BY THE CLOCK. All babies will indicate by various actions when they are hungry and feel the need to be fed.

Breastfeeding obviates need for bottles, etc.,

Exclusive breastfeeding would obviate the need for bottles, teats, cups, spoons, formula milk powder, sterilising equipment, etc. There is no extra cost involved as well. Government legislation has provided working mothers with sufficient maternity leave to feed their babies with human milk for at least the first four months. If there are ways of getting a little bit more leave to stretch it to six months, this should be explored to the fullest, as the benefits of exclusive breastfeeding are worth a lot more than money could buy. There are added benefits of breastfeeding such as control of the mother’s weight and figure as she burns up a significant number of calories in producing her milk.

When it is time to give the baby a bath, arrange everything you need around the place where you are going to bathe the baby. Towels, soap, etc., should be at arm’s length. If there is help available at home in the form of members of the extended family or domestic aides, this is the time you could really make use of them. When the mother gets used to the procedure, bathing a baby is no big deal. In most instances, it is a thing that both mother and baby would enjoy. Get the baby used to bathing as early as possible. This will prevent him or her from making an almighty fuss at bath time later on. Almost all babies love to be in water provided they are introduced to bathing very early in their lives.

The mother must arrange her mealtimes and resting periods to coincide with the times when the baby is quiet or is sleeping. Mother’s meals just need to be nutritious, and everyday foods are more than adequate. It is not necessary to go out of the way to provide her with expensive supplementary foods or additional forms of nutrition. There is no scientific evidence to say that certain foods are not good for nursing mothers. The notions of “heaty” foods and “cooling” foods have no scientific rationale.

Most authorities believe that a nursing mother could and should eat anything and everything. The only thing necessary is to provide a nicely balanced and adequate diet. The mother needs to get a sufficient and acceptable amount of sleep, especially during the day. This is particularly important because she may have to get up several times during the night to feed and change clothes of the baby. Steps must be taken to provide her with these essential periods of rest. Organising a routine to help her with this aspect would be most desirable.

Father’s work schedule

It is also advantageous for the father to get his work schedules and duties rearranged as much as possible and in such a manner so as to provide sufficient time at home to help in caring for the baby. This, of course, depends on the exact type of work that he is involved in. In each and every case, a genuine effort should be made to have quality time with the mother and the baby. This is particularly useful for the first few months of the baby’s life. As far as possible, the father should be equally involved with the rearing practices of the baby. Looking after a baby should be a shared responsibility. This process also enhances the baby developing a very beneficial and desirable bond with both parents.

The arrival of a new baby should not lead to a complete social embargo for the family. One could travel outside the home with the baby, especially if the times of travel are carefully planned to suit the requirements of the baby, such as feeding times. Even then, if the baby is breastfed, he or she could be fed almost anywhere. Some babies are, however, prone to throwing up while travelling immediately after a feed. It is generally better to avoid intensely overcrowded social gatherings, but social visiting, attending weddings and parties, with the baby in tow, are quite in order, even when the baby is just a few weeks old.

If the parents own a car, it is a good idea to get a commercially available baby car seat that is fitted to the rear seat of the car. The sooner you get the baby used to travelling in this baby seat, the better it is for all around. It is the safest way to take the baby in the car. In some of the Western countries, newborn babies are not discharged from the hospital till a car seat is fitted to the car. Unfortunately, baby car seats are not that popular in this country, but it must be pointed out that they contribute a great deal towards the safety of a baby in the case of a traffic accident.

Unnecessary expenditure

Many parents spend unnecessary amounts of money on a baby. All kinds of expensive items, such as perfumes, colognes, powders, etc., are not quite essential for a baby. The natural milky smell of a baby is quite unique. The clothes that one buys for a baby should be simple, uncomplicated, light and preferably of cotton origin. Their design should be very safe for the baby. It is best to remember that babies grow up very fast, especially in the first two years of life and tend to outgrow clothes in next to no time. Even the toys for the baby should be appropriately selected and should be very safe and eminently affordable.

There is no reason whatsoever that the expenses for a little newborn baby should be more than what one would normally need to spend on an adult.

A newborn baby should be such a joy for the entire family, including the extended family. Grandparents would usually dote on the baby. If there are other children, it is important to provide the necessary attention to them as well so that they would not feel neglected. It would prevent sibling rivalry, and the other kids would go on to love the new arrival. All newborn babies are quite a delight and not a burden, and it is definitely their right to be treated as such.

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Shouldn’t foreign expert be appointed MD of SLP?

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by J. A. A. S.R anasinghe,
Productivity Specialist
rathula49@gmail.com

The recent appointment of Vipul Misra, an Indian national, as Acting Chief Executive Officer of Sri Lankan Airlines deserves to be viewed from a much broader perspective than simply as an appointment to a vacant position. In my view, it is a sensible and courageous decision by the Government.

Sri Lankan Airlines is a national asset operating in an intensely competitive international aviation industry. It requires specialised aviation knowledge, commercial acumen, operational discipline and international exposure. According to the report on his appointment, Misra brings more than two decades of aviation engineering and leadership experience, including experience with major Indian carriers such as Air India, Vistara, IndiGo, SpiceJet, Kingfisher Airlines and Air Deccan.

Dr. Sarath Obeysekera, a high-profile CEO and the former Managing Director of Colombo Dockyard PLC contends the appropriateness of filling senior corporate positions of the public sector from foreign nationals, when positions of high-calibre CEOs are not locally available. He says that Sri Lankan Airlines has previously benefited from expatriate professional leadership. During the Emirates management period from 1998 to 2008, British aviation professional Peter Hill led the airline through rebranding, fleet modernisation, network expansion and improvements in service standards.

The airline reported profits during several of those years, although later analysis showed that gains from aircraft sales and leaseback transactions contributed significantly to some results. Nevertheless, the airline was run with greater commercial discipline, clearer accountability and considerably less day-to-day political interference.

Following the end of Emirates management, due to direct intervention by the then President, Sri Lankan Airlines faced turbulent situations and passed through numerous chairmen, chief executives, restructuring proposals, procurement controversies and political interventions while taxpayers continued to carry its debts and losses.

It would be unfair to suggest that every Sri Lankan chairman or CEO was incompetent or corrupt. Sri Lanka has produced many outstanding aviation professionals. The deeper problem has been a governance system in which even capable executives can be weakened by political appointments, interference in commercial decisions, frequent leadership changes and the absence of measurable accountability. He says that the arrival of Indian professional leadership is not limited to aviation.

Colombo Dockyard presents another significant example. Following the acquisition of a controlling interest by India’s state-owned Mazagon Dock Shipbuilders, Capt. Jagmohan was appointed its non-executive chairman. He is a naval architect with extensive experience in warship design, naval dockyards, shipbuilding and major maritime projects. (Mazagon Dock leadership)⁠

This partnership could give Colombo Dockyard access to capital, technology, Indian and international orders, specialised naval work and a much larger supply chain. However, because the Dockyard is an important national maritime asset, success must be measured by the creation of skilled Sri Lankan employment, expansion into commercial and offshore engineering, growth in exports, transfer of technology and development of local managerial successors—not merely by a change of ownership or boardroom nationality.

The rise of Indian professionals should not surprise us. Sundar Pichai leads Alphabet and Google, while Indian-born executives have led several other globally important technology and industrial corporations. India has built an enormous pool of engineers, scientists, accountants and managers through technical education, English-language capability, exposure to large competitive markets and international professional mobility.

India’s formal national ambition is Viksit Bharat 2047—to become a developed nation by the centenary of its independence. The target is 2047 rather than 2040, and its vision specifically combines economic growth, skills, social progress, sustainability and good governance. (Government of India)

The important lesson is that nationality should not be the principal criterion for selecting the person to lead a strategically important State enterprise. Competence should be, according to Dr. Obeysekera. This principle should now be extended to another equally important national institution — the Sri Lanka Ports Authority (SLPA), as this post has fallen vacant and an advertisement has appeared in the newspapers calling for applications from suitable applicants.

The recent discussion surrounding the vacant substantive post of Managing Director of the SLPA, including Dr. Sarath Obeysekera’s call for the appointment of a “developer, not merely an administrator”, raises a fundamental question: Are we looking for someone merely to administer the existing machinery of the Ports Authority, or someone capable of transforming Sri Lanka’s ports into major engines of investment, industry, employment and foreign-exchange earnings?

The distinction is crucial. On the other hand, one should not be over excited for the manner in which foreign nationals are employed not in hundred perhaps in thousands in manual operational activities in heavy industries in Sri Lanka. In the case of Shipbuilding and Construction industries, the deployment of welders and skilled workers have now become a norm rather than an exception.

Sri Lanka possesses enormous maritime advantages. Colombo is strategically located on one of the world’s busiest shipping routes, while Hambantota and Trincomalee offer substantial possibilities for future development. Yet the challenge is no longer simply to operate ports efficiently. The country must develop the ecosystem around them — logistics, ship repair, shipbuilding, offshore services, maritime industries, warehousing, bunkering, technology, investment and related export-oriented activities.

This requires a different type of leadership. The government should therefore consider applying the same bold thinking demonstrated in the Sri Lankan Airlines appointment to the SLPA. If the best person to transform the Ports Authority is a Sri Lankan, appoint that person. If the best candidate is an internationally recognised professional from India, Singapore, Dubai, Europe, Japan or elsewhere, why should nationality become a barrier?

Indeed, the Sri Lanka Ports Authority Act itself provides that the Minister shall appoint a “competent and experienced person” as Managing Director, whose responsibility includes directing the business, exercising the Authority’s functions and controlling its employees. That statutory emphasis on competence and experience should guide the selection.

What Sri Lanka needs is not another appointment based primarily on seniority, institutional familiarity or traditional public-sector credentials. It needs a leader with a proven international track record in port development, maritime logistics, commercialisation, investment attraction and large-scale project execution. Such a person should be given clear targets and held accountable for delivering them.

The appointment of an international professional should not be regarded as an admission of failure on the part of Sri Lankan professionals. On the contrary, it would demonstrate confidence in the principle that Sri Lanka’s national assets deserve the best available talent, wherever that talent may be found.

The government has already demonstrated this new approach through the Sri Lankan Airlines appointment. I respectfully suggest that it should now have the courage to apply the same principle to the Sri Lanka Ports Authority.

Our national assets are too valuable to be confined to a search for talent within national boundaries. The best person for the job should be given the job irrespective of nationality.

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