Features
Viewing 20A through governance prisms
By Austin Fernando
(Former Secretary to the President)
Twentieth Amendment (20A) is reviewed by commentators from political, legal, journalistic, and religious angles. Not belonging to any such group, I do not venture to cover the multitude of discussions on 20A. My focus is to view 20A to understand how it affects governance and causes political contradictions.
In democratic good governance, there are essential elements, such as the rule of law, transparency, responsiveness, consensual oriented action, equity and inclusivity, accountability, and participation. Irrespectively, it is surprising to observe public administrators/their associations (except Auditors) in stoic silence on the 20A, though they will implement and experience fallouts of the 20A.
Ministerial Review Committee
The 20A created contradictory opinions even among the government ranks. Prime Minister Mahinda Rajapaksa appointed a Committee of Ministers to review 20A. When this Committee Report was handed over, the public expected a review by the Cabinet. But it did not happen. Responsiveness, inclusivity, and participation have been lost even before 20A is passed, with a presidential directive to discuss the revisions of the Ministerial Committee at the Committee Stage. Such directives are common in Executive Presidency though one may question the applicability of Article 42(2) – “collective responsibility.” Anyway, the revisions will hence lack prior legal or public scrutiny.
Drafting crucial law
Probably, the Minister of Justice, who coordinated abolishing 19A, would have ordered the drafters to revert to 18A. Due to the critical nature, the Legal Draftsman would have officially conveyed the Cabinet of the implications of the amendments. It would have been opportune if that had happened, and their views shared, least as an Annex to the Cabinet Memorandum, especially for the Cabinet to observe the weaknesses/adversities of 20A, independently. Let me view 20A to observe the effects on good governance in this scenario.
Post-conflict issues and President’s duty
One sensitive amendment is the deletion of Article 33(1)(b) “Promote national reconciliation and integration.” It entered the 19A from post-conflict demands and tagged as a presidential ‘duty.’ Not much to exceptionally disturb the President through this ‘duty’ happened during the last five years. Hence, this deletion wrongly orchestrates negativism that he may be averse to ‘reconciliation and integration.’ It is unfair by him and hence deserves review.
Constitutional Council vs Parliamentary Council
Chapter VIIA – The Executive, matters to good governance. The first important issue is the erasure of the Constitutional Council (CC) and replacement by the Parliamentary Council (PC). The membership of the PC is political, and the proposed processes in application are subjected to presidential whim, especially by the power to supersede PC’s observations. These dilute PC’s independence and restricts inclusive participation.
Audit and Procurement Commissions
Under the 19A, nine Commissions were established out of which 20A has deleted the Audit Services Commission and National Procurement Commission (NPC). Erasing the Audit Services Commission does not reflect well for good governance.
Worst is to selectively leave-out audit of the Presidential Secretariat and the Prime Minister’s Office by constitutional fiat [Article 154(1)- 20A]. The primary objective of auditing is to examine the accuracy of accounts and express opinions on financial statements. The secondary objective is to detect and prevent frauds, misuses, misappropriations, etc.
Preventing auditing cheekily endorses the reluctance to be transparent and accountable; and could motivate officers to deliberately committing errors, frauds, and corruption. More important is the impact on parliamentary control of state finances (Article 148). The President, PM, and their officials, immune to parliamentary financial control, predict an accountability disaster. This also ridicules the government’s “One Country, One Law” rhetoric because other Ministers and officials have no such immunity.
In the private sector, the shareholders decide who the Auditors are, to audit the Board, Chief Executive (CEO), and all transactions. The 20A wants everyone to be audited, but not Sri Lanka’s CEO and his deputy. If 20A equivalent had happened in the private sector, shareholders would have revolted, but 20A is Amurtha (elixir) for government supporters.
Article 156C directs the National Procurement Commission (NPC) to formulate fair, transparent, competitive, and cost-effective procedures and guidelines for government procurements. These are extremely positive objectives. It is surprising for 20A to push them aside because we hear of wrongdoings, worth millions of rupees, happening even while the 19A is operative, as alleged by government spokespersons. What can we predict without an NPC? If the NPC is slow performing, corrections should be followed, rather than to abolish it.
“Independent Commissions”
According to the 19A, members of the Commissions were appointed by the President. (Article 41B and 41C). There had been very few disagreements on appointments between the CC and the Executive, which had been sorted out proving the ability to cohabit.
Special concerns on the CC are projected regarding higher judicial appointments. We sometimes hear the complaint of the President’s inability to get judges appointed at will. These are probably related to the CC’s unanimous rejections of two judicial appointment recommendations. Nevertheless, these decisions were made with the participation of the representatives of the then Opposition and civil society. Thus, 20A will ignore the latter arrangements negating an existing democratic process. Under 20A, a President’s recommendations, though wrong, may stay on, irrespective of negative observations of the PC. Article 41C blocked this happening, post-19A. Therefore, are the 20A provisions democratic and hail good governance?
Proposed Article 111D permits the President to appoint two members of his wish to the Judicial Services Commission. When such open-ended appointments are possible it gives hope to the judiciary that they could manipulate their personal gains.
Therefore, reviewing these appointments by the CC will do justice to the judiciary.
Though the incumbent President, with a strong Parliament, and personality, may not sometimes succumb to such influencing, but a weaker President certainly will, to sustain power. Constitutions must be drafted with appropriate controls applicable to any President, and not person-centric to the incumbent. This mistake has been repeated by us and should end.
Even the Public Service Commission (PSC) is appointed by the President after receiving PC observations. Again, overruling these observations, like in other instances, could make the PSC also toothless.
The effects will be observed in the short, medium, and long terms in recruitment, promotion, discipline, transfers, etc. The future of public administration may effectively face dismal problems.
We hear from the Minister of Justice of the constraints to appointment an IGP. He castigated the “purpose” or “use” of a National Police Commission (NPC) based on this. But such an appointment is prohibited by Article 155G. The increased numbers of criminal incidents were referred to prove the ineffectiveness of the NPoC. He ignored that the NPoC does not have the power to fight criminality. (Article 155G)
Removal of Officers (Procedure) Act No. 5 of 2002 clearly states that IGP’s removal is possible only under specified circumstances, such as insolvency, ill health, ceasing to be a citizen, etc. None of these sins were proved and the incumbent government retired him with all attached perks. Factually, there was no vacancy until he formally retired to appoint a new IGP. But when such irresponsible criticisms happen others hang on to such arguments. Therefore, they also pray for NPoC’s demise!
Dual citizenry
By deleting Article 91 (d) (xiii), 20A permits dual citizen’s appointment as parliamentarians. The need to use this amendment will be at the next general election, after five years. But the government is in a mighty hurry. Urgent implementation will be required if the National List is to be tampered for special political gain. Some ministers stated that 19A – 91(d)(xii) should be repealed because it was incorporated by person-centric lawmaking and thus wrong. The irony is that the 19A deletion also appears to accommodate person-centricity.
The keen advocates of this amendment are those who argued against Singapore-rooted Arjuna Mahendran. They forget that the difficulties with Mahendran would arise with dual citizen politicians sinning after 20A. Politicians sin whichever the party they belong!
When a clerk, a Grama Sevaka, IGP or a Secretary must be a citizen, but not parliamentarians, Ministers, PMs, or Presidents, it is a joke. Since the President has shown how to solve the dual citizenship problem, individually, why mess with the Constitution without following the Leader?
Another important reason is that this amendment will apply to any other dual citizens while being members of international terror groups (e.g. ISIS) or Tiger remnants. This situation is worsened by repealing the administering of the Official Oath (Article 53) in Schedule 7 of the Constitution. We are assured that the President will not do underhand deals with LTTE remnants or the Islamic terror groups. But this amendment affecting security governance could be used by another President or Minister, supported by extremists, by being inactive, permitting “support, espouse, promote, encourage or advocate the establishment of a separate state.”
This freedom to engage in separatist agendas may motivate helpful activities for separatism and it will be the base for another conflict that has to be fought. Such motivators are mentioned of previous regimes and cannot it repeat with the current and future regimes? This country has suffered enough and hence this amendment needs erasure or at least modifying.
Election promises and constitutional amendments
That the incumbent President received nearly seven million votes at the presidential election and a 2/3 majority at the general election is used to validate the 20A. But were the electors told that these questionable changes (e. g. abolition of dual citizenship, Audit and Procurement Commissions, Article 53, immunity, and castrating the independence of the CC/Commissions, etc.) would follow? No!
We must also remember that these amendments cannot be repealed conveniently. A President in power with a lean margin or performing with a weak parliamentary alliance can use these amendments to the detriment of democratic governance/country, even militarily. Canvassers may emerge inviting political leaders to be autocrats using some of these amended powers. In such circumstances, what is the guarantee that an Idi Amin or Robert Mugabe will not emerge from among our politicians?
President must be the Minister of Defence
The 20A corrects a prohibition in the 19A. The incumbent President, while possessing the power to declare war and peace and appoint the three Services Chiefs, is disabled to be the Minister of Defence because he is not a parliamentarian. I reason to differ from 19A, without being person-centric on the incumbent President’s professional suitability to be the Minister of Defence.
To wit, Article 4 (b) of our Constitution stipulates that the “executive power of the people, including the defence of Sri Lanka,” must be exercised by the President. Only “defence” is specially chosen here, not Agriculture, industry, etc. Under Article 33A, (which will be deleted by 20A, included in Article 42), the President is accountable for “his powers” to the Parliament on laws applicable to public security. Public security always combines with defence.
At present, there is no Minister of Defence and there is a Secretary Defence. According to Article 52(1): “There shall be a Secretary for every Ministry of a Minister of the Cabinet of Ministers.” By Article 52(2) the Secretary shall act “subject to the directions and control of his Minister…’’ It is the Cabinet Minister of Defence and not the State Minister. This status is thus challengeable legally.
When these situations are bagged together, the Ministry of Defence/relevant institutions should come under the President. However, 20A permits him to hold even any other Ministry [reintroduced Article 44(2)] and sadly this “residual power” deviates from democratic governance elements.
The 20A has revisited the issue. Taking into consideration the above-mentioned reasons only the Ministry of Defence should be handled by the President.
President the Messiah
There is a school of thought that considers the incumbent President as the Messiah who has proven prowess to accelerate action and therefore wants to “strengthen his hands,” to bring in political stability and economic revival. The successful manner the President managed the COVID-19 issues showed that for him the 19A was not a hindrance to perform efficiently and effectively.
However, considering the challenges ahead, the President requiring concentrated power is not surprising. Evening TV news everyday shows that he is attempting it. Concurrently, it is a fact that pre-2015 when Presidents had these executive powers there was an ongoing 25-year conflict. Equal development outputs were not observed during the tenures of some Presidents. Exceptional performances were based on individualistic strengths. Hence, to tag the Executive Presidency as a panacea for stability and development is a misnomer.
Emerging political contradictions
There seem to be six major political contradictions that affect political governance.
One is how the incumbent PM would bear the amendments reducing his powers substantially. Tisaranee Gunasekara has explained this, as quoted below. Agreement or not is your choice.
“Rendering the post of PM powerless is a measure of protection, in case the family is compelled by circumstances to bestow the premiership on an outsider, as a stop-gap measure. If the 20th Amendment becomes law, such a premier will be a mere cipher and will not have the power or the authority to challenge Rajapaksa primacy in any serious sense. His role will be to warm that seat until the next Rajapaksa is ready to step in.”
If true, brilliant manoeuvrering!
The second contradiction is the stance of the United National Party and break away Samagi Janabalavegaya. For them to oppose the 20A is a cautious ride. It is because the 20A basics evolved from their original Jayewardene Constitution, tinkered with by others later.
The third political contradiction is from the politicians who now venerate 20A – the by-product of the Jayewardene Constitution – the “Bahubootha vyavasthaava” (Mayhem Constitution)
The fourth extremely embarrassing political contradiction is for President Sirisena to vote for 20A, having praised 19A as the apex of democratic governance. He was the major force behind its approval in 2015. He may vote for the 20A, but his conscience will bleed until his last breath.
The fifth contradiction will arise from the expectations of the Tamil political parties who will see 20A to be the majoritarian political steamroller.
The last contradiction emerges with the speculation that the Sri Lankan Muslim Congress may support the 20A, as they did in 2010, and the sufferings Muslims experienced. Maybe, for the SLMC governance is reborn!
A historical opportunity has been given to consider solutions for the contradictions through constitutional amendments with a 2/3 majority in the Parliament. The country wishes the government will give priority to the country’s needs over personal or political group needs. It is a difficult proposition, but the government was given the unusual power to face and overcome even worse difficulties.
A short article cannot discuss the vast array of issues arising out of the abolition of the 19A. Hence, issues such as the presidential immunity, appointment and removal of Ministers and the PM, dissolution of parliament, etc., are not dealt with here though those issues certainly affect good democratic governance extensively.
There are deep ramifications of issues arising from the proposed constitutional amendments. The President must first protect himself, politically. As a democratically elected person he need not camouflage himself with an anti-democratic cloak because he has a massive vantage value unlike anyone else in his government, to take correct steps. Hence, his actions need not be at the expense of democratic governance. Regrettably, the published amendments do not show such. The sacred principles of good governance will safeguard him, us and the country.
Features
A World Order in Crisis: War, Power, and Resistance
Article 2(4) of the United Nations Charter prohibits member states from using threats or force against the territorial integrity or political independence of any state. Violating international law, the United States and Israel attacked Iran on February 28, 2026. The ostensible reason for this unprovoked aggression was to prevent Iran from developing a nuclear weapon.
The United States is the first and only country to have used nuclear weapons in war, against Japan in August 1945. Some officials in Israel have threatened to use a “doomsday weapon” against Gaza. On March 14, David Sacks, billionaire venture capitalist and AI and crypto czar in the Trump administration, warned that Israel may resort to nuclear weapons as its war with Iran spirals out of control and the country faces “destruction.”
Although for decades Iran’s Supreme Leader, Ali Khamenei, opposed nuclear weapons on religious grounds, in the face of current existential threats it is likely that Iran will pursue their development. On March 22, the head of the WHO warned of possible nuclear risks after nuclear facilities in both Iran and Israel were attacked. Indeed, will the current war in the Middle East continue for months or years, or end sooner with the possible use of a nuclear weapon by Israel or the United States?
Widening Destruction
Apart from the threat of nuclear conflagration—and what many analysts consider an impending ground invasion by American troops—extensive attacks using bombs, missiles, and drones are continuing apace, causing massive loss of life and destruction of resources and infrastructure. US–Israel airstrikes have killed Ayatollah Ali Khamenei and top Iranian officials. Countless civilians have died, including some 150 girls in a primary school in Minab, in what UNESCO has called a “grave violation of humanitarian law.” Moreover, the targeting of desalination plants by both sides could severely disrupt water supplies across desert regions.
Iran’s retaliatory attacks on United States military bases in Persian Gulf countries have disrupted global air travel. Even more significantly, Iran’s closure of the Strait of Hormuz—the critical maritime energy chokepoint through which 20% of global oil and liquefied natural gas pass daily—has blocked the flow of energy supplies and goods, posing a severe threat to the fossil fuel–driven global economy. A global economic crisis is emerging, with soaring oil prices, power shortages, inflation, loss of livelihoods, and deep uncertainty over food security and survival.
The inconsistent application of international law, along with structural limitations of the United Nations, erodes trust in global governance and the moral authority of Western powers and multilateral institutions. Resolution 2817 (2026), adopted by the UN Security Council on March 12, condemns Iran’s “egregious attacks” against its neighbours without any condemnation of US–Israeli actions—an imbalance that underscores this concern.
The current crisis is exposing fault lines in the neo-colonial political, economic, and moral order that has been in place since the Second World War. Iran’s defiance poses a significant challenge to longstanding patterns of intervention and regime-change agendas pursued by the United States and its allies in the Global South. The difficulty the United States faces in rallying NATO and other allies also reflects a notable geopolitical shift. Meanwhile, the expansion of yuan-based oil trade and alternative financial settlement mechanisms is weakening the petrodollar system and dollar dominance. Opposition within the United States—including from segments of conservatives and Republicans—signals growing skepticism about the ideological and moral basis of a US war against Iran seemingly driven by Israel.
A New World Order?
The unipolar world dominated by the United States—rooted in inequality, coercion, and militarism—is destabilising, fragmenting, and generating widespread chaos and suffering. Challenges to this order, including from Iran, point toward a fragmented multipolar world in which multiple actors possess agency and leverage.
The BRICS bloc—Brazil, Russia, India, China, South Africa, along with Iran, the UAE, and other members—represents efforts to create alternative economic and financial systems, including development banks and reserve currencies that challenge Western financial dominance.
However, is BRICS leading the world toward a much-needed order, based on equity, partnership, and peace? The behaviour of BRICS countries during the current crisis does not indicate strong collective leadership or commitment to such principles. Instead, many appear to be leveraging the situation for national advantage, particularly regarding access to energy supplies.
A clear example of this opportunism is India, the current head of the BRICS bloc. Historically a leader of non-alignment and a supporter of the Palestinian cause, India now presents itself as a neutral party upholding international law and state sovereignty. However, it co-sponsored and supported UN Security Council Resolution 2817 (2026), which condemns only Iran.
India is also part of the USA–Israel–India–UAE strategic nexus involving defence cooperation, technology sharing, and counterterrorism. Additionally, it participates in the Quadrilateral Security Dialogue (QUAD) with the United States, Japan, and Australia, aimed at countering China’s growing influence. In effect, despite its leadership role in BRICS, India is closely aligned with the United States, raising questions about its ability to offer independent leadership in shaping a new world order.
As a group, BRICS does not fundamentally challenge corporate hegemony, the concentration of wealth among a global elite, or entrenched technological and military dominance. While it rejects aspects of Western geopolitical hierarchy, it largely upholds neoliberal economic principles: competition, free trade, privatisation, open markets, export-led growth, globalisation, and rapid technological expansion.
The current Middle East crisis underscores the need to question the assumption that globalisation, market expansion, and technological growth are the foundations of human well-being. The oil and food crises, declining remittances from Asian workers in the Middle East, and reduced tourism due to disruptions in the Strait of Hormuz and regional airspace all highlight the fragility of global interdependence.
These conditions call for consideration of alternative frameworks—bioregionalism, import substitution, local control of resources, food and energy self-sufficiency, and renewable energy—in place of dependence on imported fossil fuels and global supply chains.
Both the Western economic model and its BRICS variant continue to prioritise techno-capitalist expansion and militarism, despite overwhelming evidence linking these systems to environmental destruction and social inequality. While it is difficult for individual countries to challenge this dominant model, history offers lessons in collective resistance.
Collective Resistance
One of the earliest examples of nationalist economic resistance in the post-World War II period was the nationalisation of the Anglo-Iranian Oil Company and the creation of the National Iranian Oil Company in 1951 under Prime Minister Mohammad Mosaddegh. He was overthrown on August 19, 1953, in a coup orchestrated by the US CIA and British intelligence (MI6), and Shah Mohammad Reza Pahlavi was installed to protect Western oil interests.
A milestone for decolonisation occurred in Egypt in 1956, when President Gamal Abdel Nasser nationalised the Suez Canal Company. Despite military intervention by Israel, the United Kingdom, and France, Nasser retained control, emerging as a symbol of Arab and Third World nationalism.
Following political independence, many former colonies sought to avoid entanglement in the Cold War through the Non-Aligned Movement (NAM), officially founded in Belgrade in 1961. Leaders including Josip Broz Tito, Jawaharlal Nehru, Gamal Abdel Nasser, Kwame Nkrumah, Sukarno, and Sirimavo Bandaranaike promoted autonomous development paths aligned with national priorities and cultural traditions.
However, maintaining economic sovereignty proved far more difficult. Patrice Lumumba, the first democratically elected Prime Minister of the Democratic Republic of the Congo, was assassinated in 1961 with the involvement of US and Belgian interests after attempting to assert control over national resources. Kwame Nkrumah was similarly overthrown in a US-backed coup in 1966.
In Tanzania, Julius Nyerere’s Ujamaa (“African socialism”) sought to build community-based development and food security, but faced both internal challenges and external opposition, ultimately limiting its success and discouraging similar efforts elsewhere.
UN declarations from the 1970s reflect Global South resistance to the Bretton Woods system. Notably, the 1974 Declaration on the Establishment of a New International Economic Order (Resolution 3201) called for equitable cooperation between developed and developing countries based on dignity and sovereign equality.
Today, these declarations are more relevant than ever, as Iran and other Global South nations confront overlapping crises of economic instability, neocolonial pressures, and intensifying geopolitical rivalry. Courtesy: Inter Press Service
by Dr. Asoka Bandarage
Features
Neutrality in the context of geopolitical rivalries
The long standing foreign policy of Sri Lanka was Non-Alignment. However, in the context of emerging geopolitical rivalries, there was a need to question the adequacy of Non-Alignment as a policy to meet developing challenges. Neutrality as being a more effective Policy was first presented in an article titled “Independence: its meaning and a direction for the future” (The Island, February 14, 2019). The switch over from Non-Alignment to Neutrality was first adopted by former President Gotabaya Rajapaksa and followed through by successive Governments. However, it was the current Government that did not miss an opportunity to announce that its Foreign Policy was Neutral.
The policy of Neutrality has served the interests of Sri Lanka by the principled stand taken in respect of the requests made by two belligerents associated with the Middle East War. The justification for the position adopted was conveyed by President Anura Kumara Dissanayake to Parliament that Iran had made a formal request on February 26 for three Iranian naval ships to visit Sri Lanka, and on the same evening, the United States also requested permission for two war planes to land at Mattala International Airport. Both requests were denied on grounds of maintaining “our policy of neutrality”.
WHY NEUTRALITY
Excerpts from the article cited above that recommended Neutrality as the best option for Sri Lanka considering the vulnerability to its security presented by its geographic location in the context of emerging rivalries arising from “Pivot to Asia” are presented below:
“Traditional thinking as to how small States could cope with external pressures are supposed to be: (1) Non-alignment with any of the major centers of power; (2) Alignment with one of the major powers thus making a choice and facing the consequences of which power block prevails; (3) Bandwagoning which involves unequal exchange where the small State makes asymmetric concessions to the dominant power and accepts a subordinate role of a vassal State; (4) Hedging, which attempts to secure economic and security benefits of engagement with each power center: (5) Balancing pressures individually, or by forming alliances with other small States; (6) Neutrality”.
Of the six strategies cited above, the only strategy that permits a sovereign independent nation to charter its own destiny is neutrality, as it is with Switzerland and some Nordic countries. The independence to self-determine the destiny of a nation requires security in respect of Inviolability of Territory, Food Security, Energy Security etc. Of these, the most critical of securities is the Inviolability of Territory. Consequently, Neutrality has more relevance to protect Territorial Security because it is based on International Law, as opposed to Non-Alignment which is based on principles applicable to specific countries that pledged to abide by them
“The sources of the international law of neutrality are customary international law and, for certain questions, international treaties, in particular the Paris Declaration of 1856, the 1907 Hague Convention No. V respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land, the 1907 Hague Convention No. XIII concerning the Rights and Duties of Neutral Powers in Naval War, the four 1949 Geneva Conventions and Additional Protocol I of 1977” (ICRC Publication on Neutrality, 2022).
As part of its Duties a Neutral State “must ensure respect for its neutrality, if necessary, using force to repel any violation of its territory. Violations include failure to respect the prohibitions placed on belligerent parties with regard to certain activities in neutral territory, described above. The fact that a neutral State uses force to repel attempts to violate its neutrality cannot be regarded as a hostile act. If the neutral State defends its neutrality, it must however respect the limits which international law imposes on the use of force. The neutral State must treat the opposing belligerent States impartially. However, impartiality does not mean that a State is bound to treat the belligerents in exactly the same way. It entails a prohibition on discrimination” (Ibid).
“It forbids only differential treatment of the belligerents which in view of the specific problem of armed conflict is not justified. Therefore, a neutral State is not obliged to eliminate differences in commercial relations between itself and each of the parties to the conflict at the time of the outbreak of the armed conflict. It is entitled to continue existing commercial relations. A change in these commercial relationships could, however, constitute taking sides inconsistent with the status of neutrality” (Ibid).
THE POTENTIAL of NEUTRALITY
It is apparent from the foregoing that Neutrality as a Policy is not “Passive” as some misguided claim Neutrality to be. On the other hand, it could be dynamic to the extent a country chooses to be as demonstrated by the actions taken recently to address the challenges presented during the ongoing Middle East War. Furthermore, Neutrality does not prevent Sri Lanka from engaging in Commercial activities with other States to ensuring Food and Energy security.
If such arrangements are undertaken on the basis of unsolicited offers as it was, for instance, with Japan’s Light Rail Project or Sinopec’s 200,000 Barrels a Day Refinery, principles of Neutrality would be violated because it violates the cardinal principle of Neutrality, namely, impartiality. The proposal to set up an Energy Complex in Trincomalee with India and UAE would be no different because it restricts the opportunity to one defined Party, thus defying impartiality. On the other hand, if Sri Lanka defines the scope of the Project and calls for Expressions of Interest and impartially chooses the most favourable with transparency, principles of Neutrality would be intact. More importantly, such conduct would attract the confidence of Investors to engage in ventures impartial in a principled manner. Such an approach would amount to continue the momentum of the professional approach adopted to meet the challenges of the Middle East War.
CONCLUSION
The manner in which Sri Lanka acted, first to deny access to the territory of Sri Lanka followed up by the humanitarian measures adopted to save the survivors of the torpedoed ship, earned honour and respect for the principled approach adopted to protect territorial inviolability based on International provisions of Neutrality.
If Sri Lanka continues with the momentum gained and adopts impartial and principled measures recommended above to develop the country and the wellbeing of its Peoples, based on self-reliance, this Government would be giving Sri Lanka a new direction and a fresh meaning to Neutrality that is not passive but dynamic.
by Neville Ladduwahetty
Features
Lest we forget
The interference into affairs of other nations by the USA’s Central Intelligence Agency (CIA) started in 1953, six years after it was established. The Anglo-Iranian Oil Company supplied Britain with most of its oil during World War I. In fact, Winston Churchill once declared: “Fortune brought us a prize from fairyland beyond our wildest dreams.”
When in 1951 Dr. Mohammad Mosaddegh was reluctantly appointed as Prime Minister by the Shah of Iran, whose role was mostly ceremonial, he convinced Parliament that the oil company should be nationalised.
Mohammed Mosaddegh
Mosaddegh said: “Our long years of negotiations with foreign companies have yielded no result thus far. With the oil revenues we could meet our entire budget and combat poverty, disease and backwardness of our people.”
It was then that British Intelligence requested help from the CIA to bring down the Iranian regime by infiltrating their communist mobs and the army, thus creating disorder. An Iranian oil embargo by the western countries was imposed, making Iranians poorer by the day. Meanwhile, the CIA’s strings were being pulled by Kermit Roosevelt (a grandson of former President Theodore Roosevelt), according to declassified intelligence information.
Although a first coup failed, the second attempt was successful. General Fazlollah Zahedi, an Army officer, took over as Prime Minister. Mosaddegh was tried and imprisoned for three years and kept under house arrest until his death. Playing an important role in the 1953 coup was a Shia cleric named Ayatollah Abol-Ghasem Mostafavi-Kashani. He was previously loyal to Mosaddegh, but later supported the coup. One of his successors was Ayatollah Ruhollah Mostafavi Musavi Khomeini, who engineered the Islamic Revolution in 1979. Meanwhile, in 1954 the Anglo-Iranian Oil Company had been rebranded as British Petroleum (BP).
Map of the Middle East
When the Iran-Iraq war broke out (September 1980 to August 1988), the Persian/Arabian Gulf became a hive of activity for American warships, which were there to ensure security of the Gulf and supertankers passing through it.
The Strait of Hormuz, the only way in and out of the Gulf, is administered by Oman and Iran. While there may have been British and French warships in the region, radio ‘chatter’ heard by aircraft pilots overhead was always from the US ships. In those days, flying in and out of the Gulf was a nerve-wracking experience for airline pilots, as one may suddenly hear a radio call on the common frequency: “Aircraft approaching US warship [name], identify yourself.” One thing in the pilots’ favour was that they didn’t know what ships they were flying over, so they obeyed only the designated air traffic controller. Sometimes though, with unnecessarily distracting American chatter, there was complete chaos, resulting in mistaken identities.
Air Lanka Tri Star
Once, Air Lanka pilots monitored an aircraft approaching Bahrain being given a heading to turn on to by a ship’s radio operator. Promptly the air traffic controller, who was on the same frequency, butted in and said: “Disregard! Ship USS Navy [name], do you realise what you have just done? You have turned him on to another aircraft!” It was obvious that there was a struggle to maintain air traffic control in the Gulf, with operators having to contend with American arrogance.
On the night of May 17, 1987, USS Stark was cruising in Gulf waters when it was attacked by a Dassault Mirage F1 jet fighter/attack aircraft of the Iraqi Air Force. Without identifying itself, the aircraft fired two Exocet missiles, one of which exploded, killing 37 sailors on board the American frigate. Iraq apologised, saying it was a mistake. The USA graciously accepted the apology.
Then on July 3, 1988 the high-tech, billion-dollar guided missile cruiser USS Vincennes, equipped with advanced Aegis weapons systems and commanded by Capt. Will Rogers III, was chasing two small Iranian gun boats back to their own waters when an aircraft was observed on radar approaching the US warship. It was misidentified as a Mirage F1 fighter, so the Americans, in Iranian territorial waters, fired two surface-to-air Missiles (SAMs) at the target, which was summarily destroyed.
The Vincennes had issued numerous warnings to the approaching aircraft on the military distress frequency. But the aircraft never heard them as it was listening out on a different (civil) radio frequency. The airplane broke in three. It was soon discovered, however, that the airplane was in fact an Iran Air Airbus A300 airliner with 290 civilian passengers on board, en route from Bandar Abbas to Dubai. Unfortunately, because it was a clear day, the Iranian-born, US-educated captain of Iran Air Flight 655 had switched off the weather radar. If it was on, perhaps it would have confirmed to the American ship that the ‘incoming’ was in fact a civil aircraft. At the time, Capt. Will Rogers’ surface commander, Capt. McKenna, went on record saying that USS Vincennes was “looking for action”, and that is why they “got into trouble”.
Although USS Vincennes was given a grand homecoming upon returning to the USA, and its Captain Will Rogers III decorated with the Legion of Merrit, in February 1996 the American government agreed to pay Iran US$131.8 million in settlement of a case lodged by the Iranians in the International Court of Justice against the USA for its role in that incident. However, no apology was tendered to the families of the innocent victims.
These two incidents forced Air Lanka pilots, who operated regularly in those perilous skies, to adopt extra precautionary measures. For example, they never switched off the weather radar system, even in clear skies. While there were potentially hostile ships on ground, layers of altitude were blocked off for the exclusive use of US Air Force AWACS (Airborne Warning and Control System) aircraft flying in Bahraini and southern Saudi Arabian airspace. The precautions were even more important because Air Lanka’s westbound, ‘heavy’ Lockheed TriStars were poor climbers above 29,000 ft. When departing Oman or the UAE in high ambient temperatures, it was a struggle to reach cruising level by the time the airplane was overhead Bahrain, as per the requirement.
In the aftermath of the Iran Air 655 incident, Newsweek magazine called it a case of ‘mistaken identity’. Yet, when summing up the tragic incident that occurred on September 1, 1983, when Korean Air Flight KE/KAL 007 was shot down by a Russian fighter jet, close to Sakhalin Island in the Pacific Ocean during a flight from New York to Seoul, the same magazine labelled it ‘murder in the air’.
After the Iranian coup, which was not coincidentally during the time of the ‘Cold War’, the CIA involved itself in the internal affairs of numerous countries and regions around the world: Guatemala (1953-1990s); Costa Rica (1955, 1970-1971); Middle East (1956-1958); Haiti (1959); Western Europe (1950s to 1960s); British Guiana/Guyana (1953-1964); Iraq (1958-1963); Soviet Union, Vietnam, Cambodia (1955-1973); Laos, Thailand, Ecuador (1960-1963); The Congo (1960-1965, 1977-1978); French Algeria (1960s); Brazil (1961-1964); Peru (1965); Dominican Republic (1963-1965); Cuba (1959 to present); Indonesia (1965); Ghana (1966); Uruguay (1969-1972); Chile (1964-1973); Greece (1967-1974); South Africa (1960s to 1980s); Bolivia (1964-1975); Australia (1972-1975); Iraq (1972-1975); Portugal (1974-1976); East Timor (1975-1999); Angola (1975-1980); Jamaica (1976); Honduras (1980s); Nicaragua (1979-1990); Philippines (1970s to 1990s); Seychelles (1979-1981); Diego Garcia (late 1960s to present); South Yemen (1979-1984); South Korea (1980); Chad (1981-1982); Grenada (1979-1983); Suriname (1982-1984); Libya (1981-1989); Fiji (1987); Panama (1989); Afghanistan (1979-1992); El Salvador (1980-1992); Haiti (1987-1994, 2004); Bulgaria (1990-1991); Albania (1991-1992); Somalia (1993); Iraq (1991-2003; 2003 to present), Colombia (1990s to present); Yugoslavia (1995-1995, and to 1999); Ecuador (2000); Afghanistan (2001 to present); Venezuela (2001-2004; and 2025).
If one searches the internet for information on American involvement in foreign countries during the periods listed above, it will be seen how ‘black’ funds were/are used by the CIA to destabilise those governments for the benefit of a few with vested interests, while poor citizens must live in the chaos and uncertainty thus created.
A popular saying goes: “Each man has his price”. Sad, isn’t it? Arguably the world’s only superpower that professes to be a ‘paragon of virtue’ often goes ‘rogue’.
God Bless America – and no one else!
BY GUWAN SEEYA
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