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A long way still to go to retain GSP Plus

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By Jehan Perera

In appointing the new Right to Information commissioners to five-year terms, the government has chosen persons with credibility within human rights organisations. Two, in particular, are worthy of mention. Kishali Pinto Jayawardena, who was part of the previous Commission, has been a foremost and fearless critic of corrupt and undemocratic governance that spans many governments, as a newspaper columnist and lawyer. Jagath Liyanaarachchi, also a lawyer, has been a source of strength to civil society as a political commentator and resource person at training programmes on issues of human rights, reconciliation and good governance. Their appointment to the Right to Information Commission will ensure that the positive role of the RTI Commission will continue.

In another less publicised development, the release on bail of 10 persons, who had been arrested and kept in detention for over seven months, was also an indication of a positive shift of approach. They had been arrested under the Prevention of Terrorism Act (PTA) for having commemorate their loved ones who had died in the war on May 18, the anniversary of the end of the war. May 18 is the date that the Tamil people of the Northern and Eastern provinces consider a day of remembrance while May 19 is the day that the government celebrates as the day the war was won. The action for which they had been arrested was to have gathered on the beach by themselves, light a lamp and remember their loved ones in a context in which the police had obtained court orders against public commemoration under public nuisance and Covid-related crowding ban.

One of the 10 posted the video of their commemoration on their Facebook page which came to the attention of the security forces. The PTA permits the security forces to arrest persons and detain them if there is any suspicion. Human rights advocates have pointed out that the PTA does not contain a definition of terrorism and is a human rights deficient law that does not adhere to basic human rights standards enshrined in international conventions. Instead, the offences stipulated are those found in other laws, such as the Penal Code, to which the PTA makes reference. Hence, the decision as to whether the PTA would apply in a certain instance is a subjective decision that can be shaped by personal prejudice and bias, rather than objective standards.

JUDICIAL DECISION

Bringing the PTA into line with international standards is one of the EU Parliament’s requirements for a continuation of the GSP Plus tariff concession. The GSP Plus was withdrawn once before in 2010 on the grounds that Sri Lanka failed to meet its human rights commitments and this cost the country tremendously in terms of job losses, factory shutdowns and diminished foreign currency earnings. The GSP Plus was restored in 2017 following government pledges to meet its human rights obligations in terms of 26 international covenants that the country has signed, and with the reform of the PTA as one major promise. These pledges were incorporated into the UN Human Rights Council resolution of 2015 that the then Sri Lankan government also co-sponsored.

The government appears to be taking the possible loss of GSP Plus seriously and is in the process of revising the PTA. Last month a committee of senior government officials drawn from different ministries and the security forces and headed by Defense Secretary General Kamal Gunaratne handed over a confidential report on the PTA and the options for amending it to President Gotabaya Rajapaksa. This report is being considered by a committee of government ministers headed by Foreign Minister Prof G L Peiris. On November 27, this ministerial committee invited a group of civil society members to discuss the revisions to the PTA that the government hopes to bring.

They made the point that arbitrary arrests need to be ended and that all actions with regard to detention needed to be taken by the judiciary rather than by executive or administrative authorities. The example of the seven month long detention of the Batticaloa 10 was brought to the discussion as one of the civil society members present on the occasion was a lawyer who had appeared in their case.

The problem with laws that do not give to the judiciary the power to detain or not to detain (as decided by Justice Mark Fernando in the Supreme Court case of Pathmanathan) is that these laws can be abused by those who operate under political or administrative direction. Those who work on PTA cases have noted that there is a pattern to the arrests. If a person shows ability as a community leader, and can become a political rival to the ruling politicians or aspirants to political power, they are liable to be arrested under a shallow pretext and put into remand prison. This is especially the case in the North and East where the military is present in large numbers on the grounds that they need to be eternally vigilant to prevent another terrorist uprising. In some cases the detention order is served for clicking the “like” button on Facebook for a site that is seen as subversive.

UNPREDICTABLE ELEMENT

Following the decision of the Attorney General’s Department to permit the bailing out of the Batticaloa detainees, there is optimism that other PTA detainees, who are incarcerated on suspicion but against whom there are no charges, will also be able to obtain bail and go back to their homes and loved ones. The lawyer who had appeared in the case said that relatives of other prisoners were calling him asking if they could expect their loved ones to be bailed out.

During the meeting with the government ministers, the civil society members were assured that the changes to the PTA that had been proposed were a result of consensus between the Ministries of Foreign Affairs, Justice and Defence and the Attorney General’s Department, and that these changes are not conceived as one-off ones, but as a part of a continuum, there being other changes contemplated that will be agreed on later.

Not only those who are detained under the PTA, but civil society organisations and their members continue to complain that they live under tension as they are being constantly questioned by the security forces and asked to provide them with their reports. While the problem of surveillance is severe in the North and East, there is also an unpredictable element in civil society activities in other parts of the country. Sometimes there is a crackdown which is inexplicable and shows the potential for the use of arbitrary power. On December 10, which is International Human Rights Day, the Human Rights Organisation of Kandy, headed by Fr Nandana Manatunga was issued a court order obtained by the police to prevent him from conducting an event to celebrate International Human Rights Day.

Fr Manatunga has won international awards for the work he has done, especially for prisoners over many decades. On this occasion the theme of the event his organisation was planning was “Ensure the Prisoners their Dignity and Rights to Human Conditions.”

One part of the programme was to give tokens of appreciation to family members of prisoners, from different ethnic and religious groups and from different parts of the country, who had seen their loved ones incarcerated for long periods and having to fend for themselves. However, due to the court order, this event could not be held. The order obtained by the police prohibited the event on the grounds it may cause disunity amongst different ethnic groups. This is an indication of how even the regular law can be used to stifle the freedom of association and freedom of expression, which are basic human rights. As an example, commemoration was defined by different courts differently in the North this year some allowing with conditions and others with refusal.

The Human Rights Organisation of Kandy reports that surveillance and harassment became more intense in 2021, when two staff members were summoned for questioning in Colombo by the Counter Terrorist Investigation Department (CTID) on two separate occasions. The government’s efforts to show commitment towards human rights needs to become more institutionalised and less ad hoc or dependent on personal goodwill. This will improve the prospects to retain GSP Plus.



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High Stakes in Pursuing corruption cases

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Kapila Chandrasena

The death of the most important suspect in the Sri Lankan Airlines Airbus deal has drawn intense public speculation. Kapila Chandrasena the former CEO of the heavily loss-making national airline was found dead under circumstances that the police are still investigating.

He had recently been arrested by the Commission to Investigate Allegations of Bribery or Corruption in connection with the controversial Airbus aircraft purchase agreement signed in 2013. Police investigations are continuing into the cause of death and whether or not he committed suicide. The unresolved death brings to light the high stakes involved in accountability efforts of this nature.

The uncertainty surrounding Chandrasena’s death has revived public memories of other mysterious deaths linked to corruption investigations and public scandals. Among them is the death of Rajeewa Jayaweera, a former SriLankan Airlines executive and outspoken critic of the Airbus transaction. He was following in the tradition of his father, the late foreign service officer and public servant Stanley Jayaweera who mentored the younger generation in good governance practices and formed the group “Avadhi Lanka” along with icons such as Prof Siri Hettige. Rajeewa had written a series of articles exposing irregularities in the deal before he was found dead near Independence Square in Colombo in 2020. The CCTV cameras in that high security area were turned off. Questions raised at that time whether or not he had committed suicide were not satisfactorily resolved.

The controversy about the cause of Chandrasena’s death is diverting attention away from the massive damage done to the country by the SriLankan Airlines deal itself. The value of the aircraft agreement was close to the size of the International Monetary Fund bailout package that Sri Lanka desperately needed by 2023 in order to stabilise the economy after bankruptcy. Sri Lanka’s IMF Extended Fund Facility amounted to about USD 3 billion spread over four years. The comparison shows the scale of the losses and liabilities that irresponsible and corrupt decisions have imposed on the country and which must never happen again.

Wider Pattern

The corruption linked to the Airbus transaction came fully into the open only because of investigations conducted outside Sri Lanka. In 2020 Airbus agreed to pay record penalties of more than EUR 3.6 billion to authorities in Britain, France and the United States to settle global corruption investigations. Sri Lanka was identified as one of the countries where bribes had allegedly been paid in order to secure contracts. The Airbus deal involved the purchase of six A330 aircraft and four A350 aircraft valued at approximately USD 2.3 billion. Investigations showed that Airbus paid bribes amounting to nearly USD 16 million in order to secure the contract. According to court submissions, at least part of this money amounting to USD 2 million was transferred through a shell company registered in Brunei and routed through Singapore bank accounts linked to the late airline CEO and his wife.

The commissions involved in this deal may seem comparatively small compared to the overall value of the contracts but devastating in their consequences. But they also show that a few million dollars paid secretly to decision makers could lead to the country assuming liabilities worth hundreds of millions or even billions of dollars over decades. This is why corruption is not simply a moral issue. It is a direct economic assault on the living standards of ordinary people. Money lost through corruption is money unavailable for schools, hospitals, rural development and job creation. In the end the burden falls on ordinary citizens who are left to repay debts incurred in their name without receiving commensurate benefits in return.

The SriLankan Airlines transaction gives an indication of the wider pattern of corruption and misuse of national resources that has taken place over many years. This was not an isolated incident. There were numerous large scale infrastructure and procurement projects that imposed heavy debts on the country while enriching politically connected individuals and their associates. Other projects such as the Colombo Port City, Hambantota Harbour and highway construction reveal a similar pattern.

Less publicised but equally damaging scandals have involved fertiliser medicine and energy contracts. Investigations into medicine procurement in recent years uncovered allegations that substandard pharmaceuticals had been imported at inflated prices causing both financial losses and risks to public health.

Moral Renewal

The present government appears determined to investigate major corruption cases in a manner that no previous government has attempted. Those who ransacked and bankrupted the treasury need to be dealt with according to the law. There is considerable public support for efforts to recover stolen assets and ensure accountability.

In his May Day speech President Anura Kumara Dissanayake stated that around 14 corruption cases were nearing completion in the courts this very month and called upon the public to applaud when verdicts are delivered. Political opponents of the government claim that such comments could place pressure on the judiciary and blur the separation between political leadership and the courts. But the deeper public frustration that underlies the president’s remarks also needs to be understood.

The challenge facing Sri Lanka is twofold. The country must ensure that justice is done through due process and independent institutions. If anti corruption campaigns become politicised they can lose legitimacy. But if corruption and abuse of power continue without consequences the country will remain trapped in a cycle of economic decline and moral decay. Sri Lanka also needs to confront past abuses linked to the war period. There are allegations of kidnapping, extortion, disappearances and criminal activity in which members of the security forces have been implicated. Vulnerable sections of the population suffered greatly during those years. If political leaders turned a blind eye or actively connived in such crimes they too need to be held accountable under the law. Selective justice will not heal the country. Accountability must apply across the board regardless of political position, ethnicity or institutional power.

Sri Lanka has paid a very heavy price for corruption and impunity. The economic collapse of 2022 did not occur overnight. It was the result of years of bad governance, reckless decision making, abuse of power and the misuse of public wealth. If the country is to move forward the focus cannot be diverted by sensational speculation alone. Suspicious deaths and political intrigue may dominate headlines for a few days. But the larger issue is the system that enabled corruption to flourish without accountability for so long. The real national task is to end that system. Sri Lanka cannot build a prosperous future on a foundation of corruption and impunity. Unless those who looted public wealth are held accountable and the systems that enabled them are dismantled, the country risks repeating the same cycle again.

Jehan Perera

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When University systems fail:Supreme Court’s landmark intervention in sexual harassment case

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Over seven years after making an initial complaint of sexual harassment against her research supervisor, Dr. Udari Abeyasinghe, then a temporary lecturer and now a senior lecturer at the University of Peradeniya, has been finally served justice. On May 8, 2026, the Supreme Court made the following directions regarding Udari’s fundamental rights case: “1) The 1st Respondent [her research supervisor] is prohibited from accepting any post, whether paid or not or honorary, in any university, educational institute or other academic institution; 2) The UGC to issue a direction to all universities and other institutions, coming under its purview, to abstain from giving any appointment, whether paid or not, or honorary, to the 1st Respondent; and 3) The University of Peradeniya, including the Council and respective Respondent [sic], are directed to take appropriate measures to enforce and raise awareness of the University of Peradeniya’s policy on Sexual or Gender-Based Harassment and Sexual Violence for staff and students, including conducting mandatory annual seminars for all academics, staff and students.” I recently spoke with Udari to learn about her experience battling the University’s sexual and gender-based violence (SGBV) procedures.

Violence and injustice

Udari was a temporary lecturer when she began working on her MPhil degree. Her research supervisor was a Senior Professor and Dean of her faculty. The harassment began in 2017.

When Udari reached out for support to the SGBV Committee of the University of Peradeniya, the Chair explained the complaint procedure, including how a third party could make a complaint on her behalf. In July 2018, Udari’s mother made a written complaint to the Vice Chancellor (VC). “The very next day [my supervisor] called me … and asked me to withdraw the complaint because it would look bad for me … the university should have taken measures to separate the complainant from the perpetrator … but nothing like that happened.”

Before making the formal complaint, Udari reached out to other academic staff at her Faculty. She shared her experience with a few close colleagues. Many advised her to leave the Faculty. “No one in the Faculty supported me publicly, although some sympathised privately … I was a temporary lecturer … no one really cared.” Some of her colleagues and non-academic staff who knew about the harassments, asked her to avoid involving them because they feared retaliation from higher powers.

Udari faced a preliminary inquiry and then a formal inquiry. The preliminary inquiry took place about four months after her complaint, and the inquiry committee recommended proceeding to a formal inquiry. The latter was held about a year after the initial complaint. “I got to know unofficially that [my supervisor] had got hold of all the statements made at the preliminary inquiry and pressured some colleagues to change their statements before the formal inquiry.” During the time of the formal inquiry, an anonymous letter (“kala paththaraya”) was circulated among staff: “It was a character assassination … the same kala paththaraya would get circulated from time to time.” After the formal inquiry committee submitted its report and recommendations, Udari was informed, in writing, that the University Council had dismissed the report.

“Neither the preliminary inquiry report nor the formal inquiry report were shared with me … I had to make a formal request to the VC and only then did I get a copy of the preliminary inquiry report… I had to get the formal inquiry report through an RTI (a request under the Right to Information Act). What I understand is that [my supervisor] had influenced the Council … that’s why they rejected the report…saying there had been a delay of six months to make a complaint ….” (N. B. there are no time limitations for submitting a complaint in the SGBV by-laws of the University of Peradeniya, although such time bars exist at other universities).

Udari then submitted formal complaints to the University Grants Commission (August 2020) and the Human Rights Commission of Sri Lanka (December 2020), and finally filed a fundamental rights case at the Supreme Court in March 2021. Five years later, on May 8th 2026, Udari’s complaint was vindicated.

University procedures and inquiries

When her mother submitted the complaint against her supervisor, Udari was a temporary lecturer. She had given up her dream of pursuing an academic career because she did not think she would be recruited to a permanent position after making a complaint against a faculty member. It is encouraging that Udari was recruited, but in most instances, students and junior staff endure and stay silent to avoid jeopardising their academic careers. We currently have no procedures in place at universities to protect victims and witnesses from backlash.

According to Udari, the former Chair of the SGBV Committee and the members of her preliminary inquiry panel played a crucial role in her case, and, in her words, “could not be influenced.” But SGBV by-laws at state universities place inordinate power in the hands of the Council and VC. According to the SGBV by-laws of the University of Peradeniya, the Council appoints the 15-member SGBV Committee comprising “[t]wo (02) persons from among the members of the Council; [t]en (10) persons drawn from the permanent and senior members of the academic community; and [t]hree (03) persons external to the University, from among the retired academic or administrative staff of the University” (Section 2.1). While the by-laws recommend appointing persons who have demonstrated “gender-sensitivity, proven interest in working on issues of gender equality and equity, and trained to investigate and inquire into cases of sexual or gender-based harassment and sexual violence” (Section 2.1), we know this is often not the case. In many universities, VCs control which cases are taken up and end up in an inquiry. Most students and staff at state universities have little faith in the existing SGBV complaint procedures.

As Udari experienced, the decisions of inquiry committees can be overruled and dismissed by University Councils, indicating the importance of appointing appropriate members to the Councils. The Deans of faculties, who are Ex-officio members, usually collude to protect their own interests and fiefdoms, while the appointment of external members to Councils is deeply politicised. At present, there is no application process or vetting of candidates before they are appointed. They are usually persons who are seen to be sympathetic to the incumbent political dispensation. Furthermore, external members are dependent on the university hierarchy for information on the issues being discussed, the details of which are often hidden from them. It is not surprising then that University Councils would adjudicate on the side of power.

Final recommendation

Beyond barring Udari’s former research supervisor from holding positions in the university system, the Supreme Court has directed the University of Peradeniya to raise awareness on SGBV among staff and students. While SGBV is addressed in the induction courses and orientation programmes at universities, staff and students must be made aware of the nitty-gritties of complaint procedures, including time bars, which were crucial to the outcome of Udari’s case. But is raising awareness sufficient? Do we have ways to hold university authorities accountable for arbitrary and/or prejudicial decision-making and other abuses of power?

For Udari, life continues to be difficult, with constant surveillance of her activities.

“In November 2024 , I shared a post about my case.. it was a newspaper article stating that the Supreme Court had granted leave to proceed… I just took a photograph of it and posted it on my Facebook without any captions… a few weeks later I was summoned by higher authorities…I was informed that several academics had verbally complained about me using my social media to tarnish the name of the faculty and the university and, if that’s the case, that I should know that the University Council has the authority to take action against me … we also spoke briefly about the case and at one point I was told that this incident (harassment) happened to me because I showed some positivity towards (the perpetrator) …”

Let’s hope that university administrations pause before victimising and revictimising SGBV survivors in future. As a community, we have to rethink the hierarchical ways in which universities function and create a meaningful mechanism that supports students and staff to complain without fear of repercussion.

Thank you, Udari, for taking this step forward. University administrations will have to stop, listen and change their ways.

(Ramya Kumar is attached to the Department of Community and Family Medicine, Faculty of Medicine, University of Jaffna, and is an alumna of the University of Peradeniya).

Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.

By Ramya Kumar

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‘Nidahase’ in the spotlight

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Senani Wijesena, the Sri Lankan-Australian singer-songwriter, known for fusion pop/R&B with ethnic elements, like the tabla and sitar, is in the news again.

She was featured in The Island, in early April (2026), regarding her career in the music scene, and the release of her first ever Sinhala song ‘Nidahase.

The song was released in Sri Lanka, on 17th April, with Senani in town to do the needful.

The music video was filmed at the Polgampola Waterfall, in Sri Lanka, and also features co-star Senura Ambegoda … playing the romantic interest.

Describing the setup, Senani had this to say:

“To achieve the high falls scenes, I had to climb large rocks and slippery edges to get to the top of the falls, and I had to do it in the yellow saree I was wearing. Of course the film crew assisted me.”

The initial scenes were filmed in bustling Pettah where Senani meets co-star Senura Ambegoda, working in a street stall, and when their eyes meet it triggers a memory of soul connection and transports her into another world entering the forest scene.

The forest, says Senani, symbolically represented a retreat to nature and peace.

The couple later rejoin at Colombo City Centre where they danced together and enjoyed each other’s company.

Says Senani: “The short dance routine was created on the spot, on set. Senura is a dance teacher, as well as a model and actor, and we learnt the routine, in 10 minutes, before it was filmed.”

‘Nidahase’ means Freedom in English – about being free in life, love, expression and movement.

It’s, in fact, a reworked version of her highly successful English song ‘Free’ which was nominated for a Hollywood Music In Media award in the RNB/Soul category, and also reached the Top 20 of the Music Week Dance charts in the UK.

‘Nidahase’ can be heard on all streaming platforms, including Spotify, Apple Music and Amazon.

Senani’s YouTube channel is www.youtube.com/senanimusic

Her social media pages are: www.instagram.com/senanimusic and www.facebook.com/senanimusic. Her website is www.senani.com

For the record, Senani is the daughter of film actress Jeevarani Kurukulasuriya and Dr Lanka Wijesena.

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