Opinion
The PTA and defending the human rights of a sovereign people
By Harim Peiris
The onset of the bi-annual sessions of the United Nations Human Rights Council (UNHRC), in which Sri Lanka features prominently on the agenda through UNHRC Resolution 46/1, contributes to several local activities. It results in an increased public debate about the state of our nation’s human rights situation, witnesses a hand-picked team from the Attorney General’s department enplaning for Geneva as essentially the Government’s defence attorneys and a flurry of activities, currently completely inconsequential, coordinated by the Ministry of Foreign Affairs, to assure the world that the state of human rights in Sri Lanka, is not really as bad as it is made out to be.
This brief commentary seeks to contribute to the public debate about human rights, in the context of one of the entrenched, inalienable features of our republican constitution. Namely that sovereignty lies with and is riposte with the people of Sri Lanka. Article 3 of the 1978 Constitution states “In the Republic of Sri Lanka sovereignty is in the People and is inalienable. Sovereignty includes the powers of government, fundamental rights and the franchise”. We will look at the arguments about the inalienable fundamental rights of the people and in practice of persons, in the context where the state and / or elements of the state, rouge or otherwise are alleged to be complicit or instrumental in violating the same.
Firstly, the state faced a protracted decades long civil war, preceded and interspersed with two armed insurrections which led to our nation’s governance for long, being under emergency rule, regulations under which, essentially superseded the constitution. During the conflict period, there was a tacit social compact, understandably so, that the state, facing an armed rebellion required to curtail the personal liberty of citizens. This social compact was aided by the absolute brutality of the armed opponents of the state, even against the very constituency it claimed to represent. The LTTE was most brutal on the Tamil people, their kids conscripted and their old traditional political leaders assassinated, while the JVP in the South, was murderous in their rebellion, their nadir being assaults on the families of military personnel. The real issue then is that post war since 2009, there has been no significant improvement in Sri Lanka’s human rights situation or indeed any meaningful post war reconciliation, say for instance as recommended by the Government’s own Lessons Learnt and Reconciliation Commission (LLRC). Sri Lankans have not really received a post war peace dividend, either economic, social or political.
Ten years after the war, when the expectations of a peace dividend were increasing, come April 2019 and the devastating Easter Sunday bombings, the answer by the entrenched establishment if not the deep state (Sonic/Sonic), was that we are again under threat, this time from yet another internal enemy, with external connections. How much credibility that claim holds, just two years after it was made, is perhaps best denoted by the fact that His Eminence Malcom Cardinal Ranjith is this week at meetings with His Holiness Pope Francis, enroute to Geneva, where in both the Vatican and in Geneva, as a high level representative of the victims of the Easter Sunday attacks, Cardinal Ranjith will, internationally articulate what he and Catholic Church spokesmen have decried locally, the absolute lack of progress by the Sri Lankan State authorities in identifying and holding to account the master mind(s) or conspirators of the devastating attacks, given the increasing consensus that the trigger pullers pulverized in their own blasts were clearly not the mastermind(s). On the contrary the State, armed with the PTA, for public safety and security has arrested Attorney Hejaz Hizbulla, Poet Anaf Jazeem, Government medical officer Dr. Shafi Shabdeen, activist Shehan Malaka and attempted the arrest of Harin Fernando and Rev.Fr. Cyril Gamini, in the latter two cases, stopped from doing so, by Sri Lanka’s apex Court. In all honesty, the public security, threat perception from the Harin Fernando and the Rev. Cyril Gamini is rather low and if the argument is that their actions are a violation of the law and the law in question is the PTA, therein lies a serious problem.
The PTA is bad in law and worse in practice. Current Court of Appeal Justice Meneka Wijesundara in a recent judgement noted “…. four decades have past and the PTA has strayed from its historical context. The PTA, if in its application and implementation, creates a vicious cycle of abuse, the very purpose of the statute will be defeated”. The PTA, as it now stands, originally a temporary provision brought in by an arrogant presidency does not conform with Sri Lanka’s international human rights obligations. There is no argument about that. Its most problematic features being the admissibility as evidence of “confessions” made to a police officer and a completely vague definition of terrorism which makes all political dissenters of the government, terrorists. A strange construct in a democratic republic of a sovereign people.
The safety, security and well-being of all Sri Lankans is better served, when the state is required and the judiciary enforces the protection and promotion of our people’s inalienable fundamental rights and freedoms. Indeed, Sri Lanka’s first decade after the end of the war and two years after the deadly Easter Sunday bomb attacks, emerging issues, not just in Geneva but also in Sri Lanka, are, besides the repeal or reform of the PTA, the independence of the Attorney General’s Department, parliamentary oversight of the State’s intelligence services and de-politicization of the nation’s police force.
(The writer served as Advisor, Ministry of Foreign Affairs from 2016-17)
Opinion
Capt. Dinham Suhood flies West
A few days ago, we heard the sad news of the passing on of Capt. Dinham Suhood. Born in 1929, he was the last surviving Air Ceylon Captain from the ‘old guard’.
He studied at St Joseph’s College, Colombo 10. He had his flying training in 1949 in Sydney, Australia and then joined Air Ceylon in late 1957. There he flew the DC3 (Dakota), HS748 (Avro), Nord 262 and the HS 121 (Trident).
I remember how he lent his large collection of ‘Airfix’ plastic aircraft models built to scale at S. Thomas’ College, exhibitions. That really inspired us schoolboys.
In 1971 he flew for a Singaporean Millionaire, a BAC One-Eleven and then later joined Air Siam where he flew Boeing B707 and the B747 before retiring and migrating to Australia in 1975.
Some of my captains had flown with him as First Officers. He was reputed to have been a true professional and always helpful to his colleagues.
He was an accomplished pianist and good dancer.
He passed on a few days short of his 97th birthday, after a brief illness.
May his soul rest in peace!
To fly west my friend is a test we must all take for a final check
Capt. Gihan A Fernando
RCyAF/ SLAF, Air Ceylon, Air Lanka, Singapore Airlines, SriLankan Airlines
Opinion
Global warming here to stay
The cause of global warming, they claim, is due to ever increasing levels of CO2. This is a by-product of burning fossil fuels like oil and gas, and of course coal. Environmentalists and other ‘green’ activists are worried about rising world atmospheric levels of CO2. Now they want to stop the whole world from burning fossil fuels, especially people who use cars powered by petrol and diesel oil, because burning petrol and oil are a major source of CO2 pollution. They are bringing forward the fateful day when oil and gas are scarce and can no longer be found and we have no choice but to travel by electricity-driven cars – or go by foot. They say we must save energy now, by walking and save the planet’s atmosphere.
THE DEMON COAL
But it is coal, above all, that is hated most by the ‘green’ lobby. It is coal that is first on their list for targeting above all the other fossil fuels. The eminently logical reason is that coal is the dirtiest polluter of all. In addition to adding CO2 to the atmosphere, it pollutes the air we breathe with fine particles of ash and poisonous chemicals which also make us ill. And some claim that coal-fired power stations produce more harmful radiation than an atomic reactor.
STOP THE COAL!
Halting the use of coal for generating electricity is a priority for them. It is an action high on the Green party list.
However, no-one talks of what we can use to fill the energy gap left by coal. Some experts publicly claim that unfortunately, energy from wind or solar panels, will not be enough and cannot satisfy our demand for instant power at all times of the day or night at a reasonable price.
THE ALTERNATIVES
It seems to be a taboo to talk about energy from nuclear power, but this is misguided. Going nuclear offers tried and tested alternatives to coal. The West has got generating energy from uranium down to a fine art, but it does involve some potentially dangerous problems, which are overcome by powerful engineering designs which then must be operated safely. But an additional factor when using URANIUM is that it produces long term radioactive waste. Relocating and storage of this waste is expensive and is a big problem.
Russia in November 2020, very kindly offered to help us with this continuous generating problem by offering standard Uranium modules for generating power. They offered to handle all aspects of the fuel cycle and its disposal. In hindsight this would have been an unbelievable bargain. It can be assumed that we could have also used Russian expertise in solving the power distribution flows throughout the grid.
THORIUM
But thankfully we are blessed with a second nuclear choice – that of the mildly radioactive THORIUM, a much cheaper and safer solution to our energy needs.
News last month (January 2026) told us of how China has built a container ship that can run on Thorium for ten years without refuelling. They must have solved the corrosion problem of the main fluoride mixing container walls. China has rare earths and can use AI computers to solve their metallurgical problems – fast!
Nevertheless, Russia can equally offer Sri Lanka Thorium- powered generating stations. Here the benefits are even more obviously evident. Thorium can be a quite cheap source of energy using locally mined material plus, so importantly, the radioactive waste remains dangerous for only a few hundred years, unlike uranium waste.
Because they are relatively small, only the size of a semi-detached house, such thorium generating stations can be located near the point of use, reducing the need for UNSIGHTLY towers and power grid distribution lines.
The design and supply of standard Thorium reactor machines may be more expensive but can be obtained from Russia itself, or China – our friends in our time of need.
Priyantha Hettige
Opinion
Will computers ever be intelligent?
The Island has recently published various articles on AI, and they are thought-provoking. This article is based on a paper I presented at a London University seminar, 22 years ago.
Will computers ever be intelligent? This question is controversial and crucial and, above all, difficult to answer. As a scientist and student of philosophy, how am I going to answer this question is a problem. In my opinion this cannot be purely a philosophical question. It involves science, especially the new branch of science called “The Artificial Intelligence”. I shall endeavour to answer this question cautiously.
Philosophers do not collect empirical evidence unlike scientists. They only use their own minds and try to figure out the way the world is. Empirical scientists collect data, repeat and predict the behaviour of matter and analyse them.
We can see that the question—”Will computers ever be intelligent?”—comes under the branch of philosophy known as Philosophy of Mind. Although philosophy of mind is a broad area, I am concentrating here mainly on the question of consciousness. Without consciousness there is no intelligence. While they often coincide in humans and animals, they can exist independently, especially in AI, which can be highly intelligent without being conscious.
AI and philosophers
It appears that Artificial Intelligence holds a special attraction for philosophers. I am not surprised about this as Al involves using computers to solve problems that seem to require human reasoning. Apart from solving complicated mathematical problems it can understand natural language. Computers do not “understand” human language in the human sense of comprehension; rather, they use Natural Language Processing (NLP) and machine learning to analyse patterns in data. Artificial Intelligence experts claim certain programmes can have the possibility of not only thinking like humans but also understanding concepts and becoming conscious.
The study of the possible intelligence of logical machines makes a wonderful test case for the debate between mind and brain. This debate has been going on for the last two and a half centuries. If material things, made up entirely of logical processes, can do exactly what the brain can, the question is whether the mind is material or immaterial.
Although the common belief is that philosophers think for the sake of thinking, it is not necessarily so. Early part of the 20th century brought about advances in logic and analytical philosophy in Britain. It was a philosopher (Ludwig Wittgenstein) who invented the truth table. This was a simple analytic tool useful in his early work. But this was absolutely essential to the conceptual basis of early computer science. Computer science and brain science have developed together and that is why the challenge of the thinking machine is so important for the philosophy of mind. My argument so far has been to justify how and why AI is important to philosophers and vice versa.
Looking at computers now, we can see that the more sophisticated the computer, the more it is able to emulate rather than stimulate our thought processes. Every time the neuroscientists discover the workings of the brain, they try to mimic brain activity with machines.
How can one tell if a computer is intelligent? We can ask it some questions or set a test and study its response and satisfy ourselves that there is some form of intelligence inside this box. Let us look at the famous Alan Turing Test. Imagine a person sitting at a terminal (A) typing questions. This terminal is connected to two other machines, (B) and (C). At terminal (B) sits another person (B) typing responses to the questions from person (A). (C) is not a human being, but a computer programmed to respond to the questions. If person (A) cannot tell the difference between person (B) and computer(C), then we can deduce that computer is as intelligent as person (B). Critics of this test think that there is nothing brilliant about it. As this is a pragmatic exercise and one need not have to define intelligence here. This must have amused the scientists and the philosophers in the early days of the computers. Nowadays, computers can do much more sophisticated work.
Chinese Room experiment
The other famous experiment is John Sealer’s Chinese room experiment. *He uses this experiment to debunk the idea that computers could be intelligent. For Searle, the mind and the brain are the same. But he warns us that we should not get carried away with the emulative success of the machines as mind contains an irreducible subjective quality. He claims that consciousness is a biological process. It is found in humans as well as in certain animals. It is interesting to note that he believes that the mind is entirely contained in the brain. And the empirical discovery of neural processes cannot be applied to outside the brain. He discards mind-body dualism and thinks that we cannot build a brain outside the body. More commonly, we believe the mind is totally in the brain, and all firing together and between, and what we call ‘thought’ comes from their multifarious collaboration.
Patricia and Paul Churchland are keen on neuroscientific methods rather than conventional psychology. They argue that the brain is really a processing machine in action. It is an amazing organ with a delicately organic structure. It is an example of a computer from the future and that at present we can only dream of approaching its processing speed. I think this is not something to be surprised about. The speed of the computer doubles every year and a half and in the distant future there will be machines computing faster than human beings. Further, the Churchlands’, strongly believe that through science one day we will replicate the human brain. To argue against this, I am putting forward the following true story.
I remember watching an Open University (London) education programme some years ago. A team of professors did an experiment on pavement hawkers in Bogota, Colombia. They were fruit sellers. The team bought a large number of miscellaneous items from these street vendors. This was repeated on a number of occasions. Within a few seconds, these vendors did mental calculations and came out with the amounts to be paid and the change was handed over equally fast. It was a success and repeatable and predictable. The team then took the sample population into a classroom situation and taught them basic arithmetic skills. After a few months of training they were given simple sums to do on selling fruit. Every one of them failed. These people had the brain structure that of ordinary human beings. They were skilled at their own jobs. But they could not be programmed to learn a set of rules. This poses the question whether we can create a perfect machine that will learn all the human transferable skills.
Computers and human brains excel at different tasks. For instance, a computer can remember things for an infinite amount of time. This is true as long as we don’t delete the computer files. Also, solving equations can be done in milliseconds. In my own experience when I was an undergraduate, I solved partial differential equations and it took me hours and a lot of paper. The present-day students have marvellous computer programmes for this. Let alone a mere student of mathematics, even a mathematical genius couldn’t rival computers in the above tasks. When it comes to languages, we can utter sentences of a completely foreign language after hearing it for the first time. Accents and slang can be decoded in our minds. Such algorithms, which we take for granted, will be very difficult for a computer.
I always maintain that there is more to intelligence than just being brilliant at quick thinking. A balanced human being to my mind is an intelligent person. An eccentric professor of Quantum Mechanics without feelings for life or people, cannot be considered an intelligent person. To people who may disagree with me, I shall give the benefit of the doubt and say most of the peoples’ intelligence is departmentalised. Intelligence is a total process.
Other limitations to AI
There are other limitations to artificial intelligence. The problems that existing computer programmes can handle are well-defined. There is a clear-cut way to decide whether a proposed solution is indeed the right one. In an algebraic equation, for example, the computer can check whether the variables and constants balance on both sides. But in contrast, many of the problems people face are ill-defined. As of yet, computer programmes do not define their own problems. It is not clear that computers will ever be able to do so in the way people do. Another crucial difference between humans and computers concerns “common sense”. An understanding of what is relevant and what is not. We possess it and computers don’t. The enormous amount of knowledge and experience about the world and its relevance to various problems computers are unlikely to have.
In this essay, I have attempted to discuss the merits and limitations of artificial intelligence, and by extension, computers. The evolution of the human brain has occurred over millennia, and creating a machine that truly matches human intelligence and is balanced in terms of emotions may be impossible or could take centuries
*The Chinese Room experiment, proposed by philosopher John Searle, challenges the idea that computers can truly “understand” language. Imagine a person locked in a room who does not know Chinese. They receive Chinese symbols through a slot and use an instruction manual to match them with other symbols to produce correct replies. To outsiders, it appears the person understands Chinese, but in reality, they are only following rules. Searle argues that similarly, a computer may process language convincingly without genuine understanding or consciousness.
by Sampath Anson Fernando
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