Features
UNHRC’s repeated resolutions without resolution
by Neville Ladduwahetty
September is the month when the UN Human Rights Council presents its latest Resolution on Sri Lanka. It is reported that the latest version has graduated from violations of human rights and international humanitarian law to include violations of “economic crimes”. Whatever the scope of the Resolution, the dogged fact remains that every sovereign country is compelled to function within the provisions of its own Constitution, because it is the fundamental law as recognized by the Vienna Convention; a fact unequivocally stated by the President and Foreign Minister of this Government, and repeated earlier by previous governments. This fundamental fact was the rationale for rejecting the former co-sponsored Resolution UNHRC 30/1. Therefore, if the UNHRC is serious about its Resolutions, it has to start with Sri Lanka’s Constitution. Incorporating provisions in Resolutions beyond the provisions of the Constitution become a meaningless and distracting exercise for all concerned, without Resolution.
Chapter III of the Constitution of Sri Lanka is titled “Fundamental Rights”. Under Fundamental Rights, there are NO provisions that address “violations of human rights and violations of international humanitarian law”, nor is there any provision for “economic crimes”. The only provision that is of relevance is under Article 13, and in particular 13 (6) on Fundamental Rights.
This Article 13 (1) states: “No person shall be held guilty of an offence on account of any act or omission which did not, at the time of such act or omission constitute such an offence, and no penalty shall be imposed for any offence more severe than the penalty in force at the time such offence was committed”.
If a person is “guilty of an offence”, the punishment for such an offence should be as contained in Sri Lanka’s Penal Code.
THE PENAL CODE
CHAPTER I
Paragraph 2 (1) of the Penal Code states: “Every person shall be liable to punishment under this Code, and not otherwise, for every act or omission contrary to the provisions thereof, of which he shall be guilty within Sri Lanka.
CHAPTER II
GENERAL EXPLANATIONS
Paragraph 5 states: “Throughout this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision shall be understood subject to the exceptions contained in Chapter IV, “General Exceptions”, though these exceptions are not repeated in such definition, penal provision, or illustration”.
ESTABLISHING GUILT
Therefore, any person “guilty of an offence” should conform to the definition stated in the Penal Code of Sri Lanka. However, the Constitution under the second paragraph of Article 13 (6) states: “Nothing in this article shall prejudice the trial and punishment of any person for an acct or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations”.
This means that even if a person is NOT guilty of an offence under the Penal Code, he/she could be guilty of a criminal act under provisions “of law recognized by the community of nations”. The issue then resolves itself into identifying the relevant instruments that contain the “general principles of law” to establish guilt for acts that are recognized by the community of nations.
Therefore, under provisions of the Constitution a person could be found guilty of an offence either under provisions of the Penal Code or under provisions contained in instruments of law recognized by the community of nations.
INSTRUMENTS REGOGNIZED by the COMMUNITY of NATIONS
The context for determining whether an offence was committed or not should be based on the acknowledged fact that conflict was an Armed Conflict and therefore the applicable law is International Humanitarian Law; a fact acknowledged by the representatives of the LTTE to the European Court. Furthermore, since the conflict was a Non-International Armed Conflict the applicable legal framework is the Additional Protocol II of 1977. This Protocol is an extension of Common Article 3 of the Geneva Conventions. Although Sri Lanka has not formally ratified Protocol II, it is today accepted as an instrument of international customary law accepted by the community of nations.
Therefore, any questions of guilt for offences committed during the Armed Conflict should either be based on provisions of the Penal Code or procedures laid out in Article 6. “Penal prosecution” of Additional Protocol II. Part II of the Additional Protocol Paragraphs 2 (a) to (h) and 3 (a) to (c) specify what constitutes violations that ‘shall remain prohibited at any time and in any place whatsoever”.
NATIONAL LAWS COMPLEMENTTARY to INTERNATIONAL LAWS
Domestic Laws should take primacy over provisions of international law as recognized by the Rome Statute in its Preamble that states: “Emphasizing that the International Criminal Court established under the Statute shall be complementary to national criminal jurisprudence”. Endorsing the principle of complementarity, Justice A.R.B. Amerasinghe states: “The ultimate goal of international norm-setting is their full and effective implementation through domestic procedures without the need for recourse to international mechanisms. In fact, access to international mechanisms is usually limited and may be resorted to only if domestic mechanisms are not available or inadequate…. The effective protection of human rights depends in the first instance upon national courts, legislatures, and public officers, and only in the last resort upon the international machinery and fora” (Amerasinghe, “Our Fundamental Rights of Personal Security and Physical Liberty” p. 2)
Therefore, it is only in instances where acts committed that cannot be categorized as violations under the Penal Code, that provisions contained in Additional Protocol II under Article 6: “Penal prosecution” should be followed.
Article 6: Penal prosecutions
1. “This Article applies to the prosecution and punishment of criminal offences related to the armed conflict”.
2. “No sentence shall be passed and no penalty shall be executed on a person found guilty of an offence except pursuant to a conviction pronounced by a court offering the essential guarantees of independence and impartiality”. In particular:
(a) “The procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged against him and shall afford the accused before and during his trial all necessary rights and means of defence”;
(b) “No one shall be convicted of an offence except on the basis of individual penal responsibility”;
(c) “No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under the law, at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby”;
(d) “Anyone charged with an offence is presumed innocent until proved guilty according to law”;
(e) Anyone charged with an offence shall have the right to be tried in his presence”;
(f) “No one shall be compelled to testify against himself or to confess guilt”.
3. “A convicted person shall be advised on conviction of his judicial and other remedies and of the time-limits within which they may be exercised”.
4. “The death penalty shall not be pronounced on persons who were under the age of eighteen years at the time of the offence and shall not be carried out on pregnant women or mothers of young children”.
5. “At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to persons who have participated in the armed conflict, or those deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained”.
Article 25 (2) of the Rome Statute states: “A person who commits within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with the Statute”
The material presented relating to Penal prosecutions contained in the Additional Protocol II and the Rome Statue clearly establish that the procedures that should be followed to establish guilt SHOULD be based on “individual penal responsibility”.
Furthermore, since guilt is based on “individual penal responsibility” Command Responsibility is not recognized either by Protocol II or the Rome Statute.
Under the circumstances blacklisting entire fighting divisions reflects ignorance of International Humanitarian Law applicable to Non-International Armed Conflict.
However, since the Protocol II does not specify what the punishment should be for the offences committed, punishment for such should be guided by provisions in Sri Lanka’s Penal Code. This is in keeping with the recognized principle of complementarity that recognizes the primacy of national laws that complement international laws.
DOMESTIC MECHANISM
During the course of the Foreign Minister Ali Sabry’s address, at the 51st Secession of the UN Human Rights Council, he stated: “We endeavor to establish a credible truth-seeking mechanism within the framework of the Constitution. The contours of a model that would suit the particular conditions of Sri Lanka are under discussion”. When the Minister of Justice, Prison Affairs and Constitutional Reforms, Dr. Wijeyedasa Rajapakse, was asked by the Sunday Observer “about the possibility of the international mechanism coming with hybrid Courts to address war crimes in Sri Lanka, he is reported to have stated: “It is likely. That is why we are going to propose the setting up of a domestic truth-seeking mechanism with special courts that can respond to rights violation cases involving the LTTE and the military. We are currently discussing the situation with countries such as the US, China, UK, and the European Union to promote the domestic mechanism.” (Sunday Observer, September 18, 2022).
Establishing the “Truth” by means of a truth-seeking domestic mechanism depends on the degree of certainty of evidence presented. Such degrees of certainty are needed whether “truth” is established by existing provisions or by fresh domestic mechanisms. However, the intention to set up “special courts” that could respond to violations by the LTTE or the military would then have to function alongside existing High Courts that are in place under the 13th Amendment to the Constitution that are mandated to address violations specified in the Penal Code. Whether such an arrangement is constitutionally acceptable or not is a matter that needs to be explored.
It is apparent from these comments that the reason to endeavor the setting up a “domestic truth-seeking mechanism with special courts” is to satisfy US, China, UK and the European Union with whom Sri Lanka is having discussions, that Sri Lanka is serious about addressing possible human rights law and humanitarian law violations that could have occurred during the Armed Conflict. During these discussions it would make a significant difference to these discussions if Sri Lanka makes them aware of the outstanding determinations made by the Supreme Court of Sri Lanka relating to Human Rights violations.
The fact that the UNHRC and the Core Group backed by local entities seem to be ignorant of such determinations by the Supreme Court of Sri Lanka, and the fact that the scope of national laws complemented by international laws do already exist and have the capacity to address alleged violations, is because Sri Lanka has made no attempt to present them. This may also be the possible reason for demanding hybrid courts to address violations, if any, that may have occurred during the armed conflict.
EXISTING DOMESTIC MECHANISMS to ADDRESS VIOLATIONS
Article 154P (1) of the 13th Amendment to the Constitution states: “There shall be a High Court for each Province …Each such High Court shall be designated as the High Court of the relevant Province”.
Article 154P (6) of the 13th Amendment states: “Subject to the provisions of the Constitution and any law, any person aggrieved by a final order, judgment or sentence of any such Court in the exercise of its jurisdiction under paragraph (3) (b) or (3) (c) or (4) may appeal therefrom to the Court of Appeal in accordance with Article 138”.
In addition to such avenues to pursue the interests of aggrieved parties relating to investigations such persons could lodge a complaint with Sri Lanka’s Human Rights Council under provisions of Part II “POWERS OF INVESTIGATION” of the Human Rights Commission of Sri Lanka Act, No. 21 of 1996, PART II POWERS OF INVESTIGATION OF THE COMMISSION.
Paragraph 14 of the above Act states: “The Commission may, on its own motion or on a complaint made to it by an aggrieved person or group of persons or a person acting on behalf of an aggrieved person or a group of persons, investigate an allegation at the infringement or imminent infringement of a fundamental right of such person or group of persons caused”.
It is therefore crystal clear that provisions currently exist between provisions in the 13th Amendment to the Constitution and the remit of the Sri Lanka’s Human Rights Commission for an aggrieved party to seek redress in relation to serious violations. One such landmark judgment given by the Court of Appeal relating to Disappearances is given below, in order to demonstrate that the existing jurisprudence is sufficient to address issues relating to serious violations.
DISAPPEARANCES
K. LEEDA VIOLET AND OTHERS V T.P. VIDANAPATHIRANA AND OTHERS H.C.A.164/89, H.C.A.171/89 AND H.C.A.166/89 DECIDED ON 2 DECEMBER 1994.
S.N.SILVA.J. PRESIDENT OF THE COURT OF APPEAL
“In HCA 164/89 the Petitioner Leeda Violet, being the mother of the corpus, Y. Wimalpala, father of the corpus and T. Lilinona gave in support of the petition. According to their evidence the corpus, being the eldest son of the Petitioner and her husband Wimalpala, was 26 years of age at the time of his arrest…. At about 4.30 p.m. a party of police officers came in several vehicles. Thereafter he (the officer in-charge) arrested the persons who were near the shop selling fishing gear. Some persons who were on the beach were also arrested… Those arrested were asked to kneel on the road. Thereafter the 1st Respondent asked those persons to get into the vehicles and took them to the Dikwella Police Station. It is stated that about 30 persons were arrested. The Petitioners in HCA 164/89 and HCA 171/89 followed the police vehicles and went up to the Police Station”.
The final paragraph of the judgment states: “The Petitioners filed these applications in April 1989. There were initial hearings before this Court and protracted inquiries before the Magistrate Court. Thereafter the cases were adjourned for further hearing before this Court. It is obvious that the Petitioners have incurred heavy expenditure in these proceedings. They have boldly pursued these applications, which is commendable conduct considering that the 1st Respondent continues to hold office…. Several applications with regard to other disappearances reported from the same place have been dismissed for non-prosecution. In these circumstances as a measure of exemplary costs, I direct that the Respondent to pay each petitioner in the above application a sum of Rs. 100,000/= as exemplary costs…. Also direct the Registrar of this Court to forward copies of the proceedings recorded in the Magistrate’s Court to the Inspector General of Police who is hereby directed to consider the evidence recorded as information of the commission of cognizable offences. He will take necessary steps to conduct proper investigations and to take steps according to the law…” (A.R.B Amerasinghe, Ibid p. 336-340)
TORTURE
On the topic of Torture, Cruel, Inhuman, Degrading Treatment or Punishment, Justice Amerasinghe in the book cited above states: “The Supreme Court of Sri Lanka has over and over again emphasized that even persons whose records are not particularly meritorious should enjoy the Constitutional Guarantee of personal liberty and security and that even ‘notorious’ or hard core criminals should not be subject to torture, inhuman or degrading treatment or punishment” (Ibid, p. 29).
THE QUESTION of PROOF
“In Malinda Channa Pieris and others v A.G. and others, it was pointed out that, having regard to the gravity of the matter in issue, a high degree of certainty is required before the balance of probability might be said to tilt in favoure of a petitioner endeavouring to discharge his burden of proving that he was subjected to torture or to cruel, inhuman or degrading treatment or punishment; and unless has adduced sufficient evidence to satisfy the Court…” (Ibid, p.43).
Internationally too, the allegation must be proved before the relevant Article is held to have been violated. Thus for instance in Fillastre v Bolivia, the UN Committee on Human Rights held that there was no violation of Article 10 of the ICCPR because the allegations that the conditions of detention were inhuman and degrading had not been substantiated or corroborated” (Ibid, p. 44).
MEANING of ARREST
Article 13 (1) of the Constitution states: “No person shall be arrested except according to procedures established by law. Any person arrested shall be informed of the reason for his arrest”.
Article 13 (2) states: “Every person held in custody, detained or otherwise deprived of personal liberty shall be brought before the judge of the nearest competent court according to procedures established by law, and shall not be further held in custody, detained or deprived of personal liberty except upon and in terms of the order of such judge made in accordance with procedures established by law”.
“So long as the grounds for arrest are made known, the Constitutional requirement that reason for arrest should be given will be satisfied. The police do not have to quote chapter and verse from statutes and legal literature to justify the arrest. There is no obligation on the police to quote the law applicable”, said Samarakoon C.J. “On the other hand… He must be given the grounds – the material facts and particulars – for his arrest, for it is then that the man will have information that will enable him to take meaningful steps towards regaining his liberty” (Ibid, p. 115).
CONCLUSION
The Foreign Minister Ali Sabry during the course of his address, at the 51st Secession of the UN Human Rights Council, stated: “We endeavor to establish a credible truth-seeking mechanism within the framework of the Constitution. The contours of a model that would suit the particular conditions of Sri Lanka are under discussion”. Whether the intended mechanism is compatible with existing systems under the 13th Amendment is an issue that needs resolution.
Establishing the “truth”, whatever the mechanism, depends on the evidence presented because only evidence that has a “high degree of credibility” is what is accepted as evidence both nationally and internationally. For instance, in Fillastre v Bolivia, the UN Committee on Human Rights held that there was no violation of Article 10 of the ICCPR because the allegations that the conditions of detention were inhuman and degrading had not been substantiated or corroborated” (A.R. B. Amerasinghe, “Our Fundamental Rights of Personal Security and Physical Liberty” p. 44).
Such evidence could be presented to any of the High Courts established under the 13th Amendment or the new Domestic Mechanism contemplated. For instance, the landmark judgment presented above, with the decision by the then President of the Court of Appeal, S.N. Silva J. reflects the scope of existing national mechanisms to address serious violations, regardless of whether or not they come within the rubric of human rights or humanitarian law. Furthermore, an aggrieved party who is not satisfied with the diligence of the investigations could appeal to Sri Lanka’s Human Rights Commission to undertake under provisions of Part II “POWERS OF INVESTIGATION” of the Human Rights Commission of Sri Lanka Act, No. 21 of 1996, PART II POWERS OF INVESTIGATION OF THE COMMISSION Therefore, aggrieved parties should be encouraged and urged to exploit the full potential of existing domestic mechanisms to redress their grievances.
If the evidence reaches the standard of “high degree of credibility”, the next step is for Domestic mechanisms provided in the Constitution to apply, and the procedures for prosecution and punishment in keeping with provisions of Sri Lanka’s Penal Code, to proceed. However, if the evidence relates to violations outside its scope, they could still apply to acts that are “recognized by the community of nations” as per the second paragraph of Article 13 (6) of the Constitution. The evidence, however must relate to “individual penal responsibility”, as called for by the Additional Protocol II applicable to the
Non-International Armed Conflict and by the Rome Statute. Therefore, the call to blacklist entire fighting divisions reflects a total ignorance of such internationally recognized provisions. Furthermore, Additional Protocol Ii does not recognize Command Responsibility.
As for the punishment, what is provided nationally is Sri Lanka’s Penal Code. Therefore, even if an individual is guilty for a violation and is recognized as such by the community of nations, the punishment has to be in keeping with provisions in Sri Lanka’s Penal Code.
Presented above are topics such as DISAPPEARANCES, TORTURE, THE QUESTION of PROOF and MEANING of ARREST contained in Justice A.R.B. Amarasinghe’s book titled “Our Fundamental Rights of Personal Security and Physical Liberty” (1995) and how they were addressed under provisions of existing Domestic Mechanisms in Sri Lanka.
The case presented under DISAPPEARANCES was first filed in April 1989 and the decision was made in December 1994; a matter of 5 years and 8 months. It is most likely that the evidence gathered by the Office of the UNHRC is several decades old. How such evidence would stand the test of “high degree of credibility”, before an incident could be categorized as a violation is a factor that could be challenged.
Few are aware of these facts, and least of all the UNHRC. Instead of pleading our case in Geneva, this body of evidence should be brought to the attention of the UNHRC, Diplomatic Representatives in Sri Lanka and to those who are committed to Human Rights issues. In addition, the Government should document regularly the current status of every complaint filed with the High Courts or any of the Superior Courts relating to human rights and humanitarian law violations to demonstrate the manner in which the domestic system is working. The fact that achievements gained through Domestic Mechanisms have not received the publicity it deserves has resulted in acquiring the image that impunity reigns in Sri Lanka.
Features
The rupee is warning us again
Speak the truth, before the crisis does
The Sri Lankan rupee is not merely depreciating. It is sending a warning. Once again, the country is being reminded that recovery is not the same as stability, and that an IMF programme is not a substitute for disciplined national economic management.
Beneath the casual conversations of scholars lies a serious argument: Sri Lanka is not yet out of danger. The country may have escaped the worst of the 2022 collapse, but it has not escaped the habits that produced it: delayed decisions, weak communication, excessive import appetite, fuel-intensive lifestyles, and a political reluctance to tell citizens the hard truth.
The vicious cycle
The latest pressure on the rupee should, therefore, not be dismissed as a temporary market fluctuation. It reflects a familiar and dangerous sequence. When the rupee begins to fall, exporters hold on to dollars in expectation of a better rate. Importers rush to buy dollars before costs rise further. Banks become reluctant to release foreign exchange. The interbank market tightens. Anxiety feeds behaviour, and behaviour feeds anxiety. That is how a currency problem becomes a confidence problem.
Sri Lanka has seen this movie before, precisely during 2020-2022. The names, personalities, and policy language may have changed, but the underlying pattern is recognisable. First, the exchange rate comes under pressure. Then the authorities speak calmly. Then temporary measures are discussed. Then import restrictions are considered. Then citizens are told certain goods are “non-essential.” Finally, when pressure becomes unbearable, the truth emerges: the country had less room than officials implied.
The danger today is not that Sri Lanka is exactly back in 2022. It is not. The fiscal position is stronger. The IMF programme is in place. The Central Bank has more credibility than during the worst period of denial. But that is precisely why complacency is dangerous. A country that has just survived a crisis should be more alert, not less and announce “there is no problem”.
The IMF tranche expected shortly may calm the market. It may bring dollars into the system. It may help the Central Bank reassure banks, exporters, importers, and investors. But IMF money is not a national economic strategy. It is breathing space. If that breathing space is used merely to postpone difficult choices, then the country will have learnt very little from its own trauma.
The most dangerous illusion is that import controls can solve the problem. They cannot. They can delay pressure, redirect it, and make the government look active for a few weeks. But they do not eliminate underlying demand. If people cannot import vehicles, the credit and purchasing power do not vanish. They move elsewhere: housing, construction, consumer goods, machinery, travel, or other import-linked spending.
Vehicle imports illustrate the dilemma. They consume foreign exchange and increase future fuel demand. But they also generate large tax revenue and support leasing, insurance, repairs, spare parts, logistics, and employment. A crude ban may reduce one form of dollar demand while damaging revenue and pushing economic activity into other channels. The correct answer is not panic prohibition. It is intelligent demand management.
Fuel is the real battlefield
Petroleum is one of the country’s largest import burdens, yet Sri Lankans still behave as if fuel consumption is a private matter with no national consequence. It is not. Every unnecessary trip, every idle engine, every fuel-inefficient commute, and every avoidable private-car journey becomes part of the country’s dollar problem.
If fuel prices are artificially softened, people continue as before. If the rupee falls further, the eventual pain comes through every channel at once: fuel, electricity, food, water, transport, and imported inputs. The country then discovers that avoiding one price increase only produced a larger national price increase later.
Poor households must be protected
That is why targeted support is essential. Public transport must be supported. But subsidies should not be thrown blindly across the economy. They should be directed through systems that can be monitored: Aswesuma for vulnerable households, route-based support for buses, and transparent cash or coupon mechanisms linked to actual public service.
Sri Lanka should be making public transport the patriotic option, not the poor man’s punishment. If citizens are being asked to reduce fuel consumption, they must be given a credible alternative. That means better buses, cleaner buses, more AC services, higher frequency, safer routes, and regulations that reflect reality rather than outdated assumptions.
Transport system management is vital
Discussions about metro-style bus services is important for precisely this reason. If commuters are willing to stand in an air-conditioned bus because it is cleaner, quieter, smoother, and more comfortable than the ordinary alternative, policy should expand that service. Do not suffocate better service with rules written for a different era. Regulate for safety, yes. But do not block improvement in the name of procedure.
Rail is even more important. A serious country does not solve urban commuting only with buses and private vehicles. The railway should be the backbone of mass commuting into Colombo. Trains move more people with less fuel per passenger. They avoid road congestion. They reduce import pressure indirectly by reducing fuel demand. But this requires frequency, rolling stock, signalling upgrades, centralised control, digital systems, and operational seriousness. Sri Lanka cannot talk about saving dollars while tolerating a transport system that pushes citizens into private vehicles.
Hello, please speak the truth
The government’s communication failure is equally serious. Leaders in India and Singapore have been willing to tell citizens that conditions are difficult and that behaviour must adjust. Use public transport. Reduce unnecessary consumption. Work from home where possible. Conserve fuel. Be careful with imports. These are not signs of weakness. They are signs of mature leadership.
In Sri Lanka, the message remains too soft. Officials appear afraid to say plainly that the country is not yet secure. The public is allowed to behave as if recovery means normalcy. Fuel is consumed, imports resume, roads fill, luxury vehicles appear, and private lifestyles continue with little sense of national constraint.
This is irresponsible. Citizens cannot be expected to act prudently if the state refuses to speak honestly. Economic management is not only about interest rates, reserves, and IMF reviews. It is also about shaping expectations. If leaders do not explain the seriousness of the situation early, the market will explain it later through far more painful consequences, such as runaway inflation and shortages of essential goods.
There is also a deeper governance problem. The issue today may not be crude corruption of the old kind. The more immediate danger may be hesitation. The government appears too slow in making necessary decisions. It overthinks. It delays. It waits. It consults. It hesitates. Meanwhile, markets move.
Delay is very expensive
In economics, delay is not neutral. Delay has a price. A decision postponed in May may become a crisis measure in August. A reform avoided today may become a forced adjustment tomorrow. The market does not wait for Cabinet comfort, bureaucratic neatness, or political messaging.
This is where Sri Lanka must learn from Vietnam, which did not become an investment magnet through speeches about development. It made decisions. It signed trade agreements. It improved investor access to land. It aligned policy with competitive advantage. It pushed digitalisation. It treated investment facilitation as practical statecraft, not ceremonial rhetoric.
Sri Lanka remains trapped in procedural delay. Land acquisition takes too long. Export-zone facilitation is too slow. Intellectual property reforms remain incomplete. The Madrid Protocol issue is not a minor technicality. For exporters and investors, brand protection, product security, and legal alignment with global systems matter. A country that cannot protect intellectual property cannot expect higher-value investment to arrive simply because officials request it.
The lesson is blunt: Investors do not reward potential. They reward execution. Sri Lanka has potential. It has always had potential. That is precisely the problem. Potential has become an excuse for underperformance. Vietnam converted potential into policy. Sri Lanka converted potential into discussion.
Disciplined adjustment means telling citizens the truth before the crisis does
If the country responds with another cycle of reassurance, delay, temporary restriction, and vague optimism, then the recovery will remain fragile. If, however, the government uses this moment to speak honestly, manage fuel demand, strengthen public transport, target subsidies, speed up reforms, and treat policy execution as urgent, the rupee’s warning may still be useful.
The choice is not between panic and denial. The choice is between disciplined adjustment and forced adjustment. Disciplined adjustment means telling citizens the truth before the crisis does. It means asking those who can work from home to do so. It means encouraging public transport while improving its quality. It means protecting the poor without subsidising waste. It means recognising that every unnecessary dollar spent today weakens the country’s room for manoeuvre tomorrow.
Forced adjustment is what happens when leaders avoid these choices. Then the exchange rate makes the decision. Prices make the decision. Queues make the decision. Import shortages make the decision. Public anger makes the decision, similar to Aragalaya in 2022. Sri Lanka has already paid once for denial. It should not pay again for hesitation.
The rupee is not only a price. It is a signal of trust. When it weakens, it tells us that markets are uncertain, citizens are unconvinced, and policy has not moved fast enough. The correct response is not to blame exporters, importers, consumers, or global conditions alone. The correct response is to govern. The country does not need another explanation after the damage is done. It needs timely action before the damage spreads.
That is the real message of this moment: the rupee is warning us again. This time, Sri Lanka must listen early.
(The writer, a senior Chartered
Accountant and professional banker,
is a professor at SLIIT, Malabe. Views expressed in this article are personal.)
Features
Will Sri Lanka need an 18th IMF programme?
The IMF staff and Sri Lankan authorities have reached a staff-level agreement to conclude the combined Fifth and Sixth Reviews of Sri Lanka’s reform programme under the Extended Fund Facility (EFF). If approved by the IMF Executive Board, Sri Lanka will gain access to about US$700 million in financing. While the IMF has acknowledged progress in reserves, growth, and revenue performance, it has also warned that Sri Lanka remains exposed to external shocks, including the Middle East conflict and the aftermath of Cyclone Ditwah.
This mixed picture of progress and vulnerability gives added significance to the recent warning by economist Dr. Ganeshan Wignaraja. Speaking on 4 May 2026 at a discussion held at the Regional Centre for Strategic Studies (RCSS) in Colombo, titled “A Global Economy in the Shadow of the Middle East War: Implications for Sri Lanka’s Debt Recovery,” he cautioned that Sri Lanka may once again have to consider the possibility of seeking further IMF assistance if current vulnerabilities are not addressed with urgency.
Dr. Wignaraja pointed out that although Sri Lanka’s current IMF programme is scheduled to conclude in 2027, the country will once again face major external debt repayment obligations beginning in 2028. At the same time, global economic instability, Middle Eastern conflicts, rising fuel prices, and climate-related disruptions could place Sri Lanka’s fragile recovery under renewed pressure.
This is not merely an ordinary economic observation. It is a serious warning about the deep structural weaknesses that have shaped Sri Lanka’s economy for decades. In fact, turning to the IMF is not new for Sri Lanka. Since 1965, the country has entered into 17 IMF programmes, placing Sri Lanka among the nations that have relied most frequently on IMF assistance.
This recurring dependence is not simply the result of temporary financial shortages. It reflects deeper structural problems: weak productive capacity, insufficient export growth, poor fiscal discipline, and an economic model excessively dependent on borrowing. When a country repeatedly requires IMF support, it raises fundamental questions about the sustainability and resilience of its economic system.
According to Table 1.16, “Outstanding External Debt Position,” in the Central Bank of Sri Lanka’s Annual Economic Review 2025, Sri Lanka’s total external debt position at the end of 2025 was reported at USD 54.8 billion at market value and USD 56.2 billion at face value. Of this amount, the government’s external debt stood at approximately USD 36.7 billion at face value. In 2022, Sri Lanka suspended external debt repayments for the first time in its history, after which debt restructuring began under the IMF-supported programme. Although this provided short-term stability, many of the country’s core economic vulnerabilities remain unresolved.For example, Sri Lanka’s export earnings remain relatively low compared to GDP. Countries such as Vietnam, Bangladesh, and Thailand have transformed themselves into export-driven manufacturing economies, while Sri Lanka continues to depend heavily on tourism, worker remittances, and external borrowing for foreign exchange earnings.
Although tourism revenues and remittances improved somewhat during 2024 and 2025, these are not sufficiently stable foundations for long-term economic sustainability. External shocks such as Middle Eastern conflicts, fluctuations in global fuel prices, international market downturns, and climate-related disasters could disrupt these income sources at any time.
Dr. Wignaraja also emphasised that climate change itself may become a major factor affecting Sri Lanka’s future debt sustainability. Floods, droughts, and declining agricultural productivity increase food import costs and place further pressure on foreign exchange reserves, thereby worsening the country’s economic vulnerabilities.
At the same time, IMF programmes carry significant social costs. Since 2023, tax increases, electricity tariff revisions, reductions in government spending, and state-sector reforms have imposed severe pressures on ordinary citizens. The middle class has weakened considerably, poverty levels have risen, and many small and medium-sized enterprises have struggled to survive rising operational costs. Youth unemployment and migration aspirations have also intensified during this period.
Nevertheless, it must also be acknowledged that recovering from the 2022 crisis without IMF support would have been extremely difficult. The IMF not only provides financial assistance but also offers a framework of credibility that enables countries to secure support from institutions such as the World Bank, the Asian Development Bank, and other international lenders. In Sri Lanka’s case, the IMF programme helped restore a degree of investor confidence and international credibility.
However, the deeper problem lies elsewhere. Sri Lanka has repeatedly used IMF programmes as temporary crisis-management tools rather than as opportunities for genuine economic transformation. The 2024 review of the current IMF-supported Extended Fund Facility again highlighted several specific reform commitments that Sri Lanka was expected to continue. These included strengthening revenue mobilisation and tax administration, advancing public financial management and debt management reforms, maintaining cost-reflective fuel and electricity pricing to reduce fiscal risks from state-owned enterprises, improving governance and restructuring of state-owned enterprises and state-owned banks, and implementing stronger anti-corruption and governance reforms. The IMF also emphasized the need to protect vulnerable groups through better-targeted social safety nets while continuing fiscal consolidation.
More specifically, the 2024 programme review required stronger anti-corruption measures in revenue-collecting agencies such as Inland Revenue, Customs, and Excise; greater transparency in public procurement and tax exemptions; publication and implementation of governance reform action plans; stronger oversight of public assets; and reforms to improve the governance of state-owned banks. These were not merely technical conditions. They were meant to address the institutional weaknesses that have repeatedly pushed Sri Lanka back into external financing crises.
Yet Sri Lanka has historically struggled to fully implement such reforms. Tax administration, state-owned enterprise restructuring, public financial management, anti-corruption measures, and cost-reflective pricing have often been delayed, diluted, or weakened due to political resistance, weak institutions, and short-term policy decisions. As a result, IMF programmes have brought temporary stability, but not always lasting structural change. After almost every IMF programme, the country gradually returned to old habits: excessive government spending, politically driven populism, inefficient state-owned enterprises, and debt-financed development.
Therefore, the real issue is not simply whether Sri Lanka will enter an 18th IMF programme. The more important question is whether the country is capable of building an economy that no longer requires repeated IMF intervention.
Achieving this requires more than slogans or short-term political promises. It demands a clear and disciplined national economic strategy. Government expenditure must be prioritized carefully. Loss-making state-owned enterprises should be freed from political interference and placed under professional management. The tax system must broaden the revenue base fairly while encouraging investment and reducing tax evasion.
At the same time, Sri Lanka must transform itself into an export-oriented productive economy. Agriculture, manufacturing, tourism, information technology, port services, education services, and healthcare services should all be strategically developed as foreign exchange earning sectors. Investors do not seek tax concessions alone; they require policy consistency, legal stability, efficient approval processes, and an environment free from corruption.
True reform does not mean continuously burdening citizens with higher taxes and reduced living standards. Genuine reform means creating a more efficient state, reducing waste and corruption, increasing productivity, and expanding income-generating opportunities for ordinary people. Whether under an IMF programme or outside one, Sri Lanka urgently needs this kind of national economic discipline.
Ultimately, the IMF is not a symbol of economic success. It is an emergency support mechanism used during periods of crisis. The national objective should not be to secure yet another IMF programme, but to build an economy strong enough to function without repeated external rescue packages.
Otherwise, today’s question — “Will Sri Lanka need an 18th IMF programme?” — may eventually become “When will the 19th programme begin?”
That is not the future Sri Lanka should aspire to. The country does not need an economy that survives by repeatedly seeking external assistance. It needs a mature national economy that produces, exports, innovates, earns global confidence, and builds its future through its own strength and productivity.
by Professor Ranjith Bandara, PhD (Qld.,)
Features
From stabilisation to transformation without delay
At a symposium on reconciliation organised by the National Peace Council last week, more than 250 religious clergy, civic activists and political representatives from different communities gathered to discuss the country’s future. Speaking at the event, Minister Bimal Rathnayake explained the government’s approach to national reconciliation. He said the government viewed the country’s recovery in terms of a three stage process. The first stage was stabilisation, the second was development and the third was transformation. Reconciliation, he implied, would come in that final stage. The participation of Opposition Leader Sajith Premadasa at the same symposium, and the constructive nature of his comments, strengthens that hope.
When the present NPP government took office in 2024, the country was emerging from one of the gravest crises in its post Independence history. The economic collapse of 2022 had led to shortages of fuel, food, medicines and electricity. Inflation soared, foreign reserves disappeared and long queues became part of daily life. The political upheaval that followed culminated in the resignation of former President Gotabaya Rajapaksa after mass public protests under the banner of the Aragalaya movement. The country was then governed by a leadership that spoke the language of reform and reconciliation but was widely perceived as lacking a direct popular mandate.
Sri Lanka’s past experience suggests that stabilisation and transformation cannot be treated as entirely separate stages. Postponing reconciliation until some future moment risks repeating the failures of the past. If transformation is endlessly delayed until a supposedly perfect moment arrives, there will always be new crises and new reasons for postponement. Minister Rathnayake’s contention that the government’s immediate priority has necessarily been stabilisation flows from the government’s awareness of the precarious situation the country is. Over the past two years, the government has succeeded to a significant extent in restoring economic and political stability. Inflation has reduced, shortages have ended and public institutions have regained a degree of functionality.
Guaranteed Changes
On the other hand, the country’s development continues to face challenges due to adverse global conditions, including disruptions caused by conflict in the Middle East and extreme weather events that have affected tourism, trade and the cost of living. The danger is that reconciliation may be indefinitely postponed in the name of stabilisation. This danger can be reduced if the government works proactively with the opposition and civil society to commence practical measures of transformation now rather than later. The participation of Opposition Leader Sajith Premadasa at the symposium, and the constructive nature of his comments, has strengthened the sense that bipartisan engagement on reconciliation may now be possible.
The urgency of transformation came through strongly in the presentations made by representatives of the Sri Lanka Tamil and Malaiyaha Tamil communities. ITAK parliamentarian S.Shritharan spoke of the frustration caused by unresolved post war issues in the north and east. He referred to disputes regarding land occupied during the war years, including controversies linked to Buddhist temples and state sponsored settlement activity in areas claimed by local communities. He also pointed to the continuing large scale presence of the security forces in the north and east nearly two decades after the end of the war. These grievances have remained central to Tamil political discourse since the end of the armed conflict in 2009. Families displaced by war continue to seek the return of ancestral lands. Civil society organisations in the north have repeatedly called for greater civilian control over local administration and a reduction in military involvement in civilian life.
Academic research and practical work on the ground have shown that reconciliation cannot be separated from questions of dignity, equality and justice. Former minister Mano Ganesan, leader of the Democratic People’s Front, focused on the longstanding problems faced by the Malaiyaha Tamil community. He spoke passionately about continuing housing shortages, landlessness and economic marginalisation, issues that have persisted since Independence. He also highlighted the devastating impact of recent extreme weather events on estate communities that remain socially and economically vulnerable. The condition of the Malaiyaha Tamil community remains one of the enduring social justice issues in Sri Lanka.
After Independence in 1948, a large proportion of them were denied citizenship and voting rights through legislation that rendered them stateless. Though citizenship rights were eventually restored, the social and economic consequences of exclusion continue to be felt generations later.
Many families still lack secure housing and land ownership despite their immense contribution to the country’s plantation economy. Minister Rathnayake’s responses to both these concerns were politically significant. He argued that recent political developments, including the declining influence of narrow ethnic politics across communities, indicated a major shift in public attitudes. According to him, the political ground has changed in ways that make it increasingly difficult for politicians who rely primarily on ethnic division and communal insecurity to retain public support.
Inter-Connected
There is evidence to support the assessment about the changing political grounding which sees future prospects in the resolution of long standing problems. . The economic collapse of 2022 affected all communities alike and generated a new politics centred on governance, anti corruption, accountability and economic justice. The Aragalaya protests brought together Sinhalese, Tamils and Muslims in a common demand for political change. Although ethnic grievances have not disappeared, the crisis created space for a broader understanding that the country’s future depends on cooperation rather than division. Opposition Leader Premadasa’s comments at the symposium reflected this changing political climate. He emphasised that national reconciliation could not be separated from economic justice and the need to address disparities between regions and social classes.v He also mentioned the need for civil society organisations to take this message to the community. This wider understanding of reconciliation is important because ethnic inequality and economic inequality have often reinforced each other in Sri Lanka’s history.
Academic studies have identified the denial of citizenship rights after Independence as a historic injustice that set back the Malaiyaha community for decades. The challenge now is to ensure that transformation becomes part of the stabilisation and development process itself. Practical first steps are both possible and necessary. The release of civilian lands still under state control, greater devolution of administrative authority, reduction of military involvement in civilian affairs, language equality in public administration and accelerated housing and land ownership programmes in the plantation sector are all measures that can begin immediately without waiting for a final stage of transformation.
The government’s recent commitment that provincial council elections will finally be held this year is therefore significant. These elections have been repeatedly postponed by successive governments. Holding them would not solve the ethnic conflict by itself. But it would signal a willingness to restore democratic institutions and share power in a meaningful way.
Sri Lanka has repeatedly postponed difficult reforms in the hope that a more convenient political moment would eventually arrive. But opportunities are invariably created and fought for instead of being provided as a gift by a benevolent government.
The present moment, shaped by the economic crisis and public demand for accountable government, offers a rare opportunity to move simultaneously towards stability, development and reconciliation. Provincial council elections can be the first meaningful step. But they must not be the last.
by Jehan Perera
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