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A People in-between East and West

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The Dutch Burghers in Sri Lanka:

by Prabhath de Silva

“We are a vanishing tribe in Sri Lanka. The first paternal ancestor of my father’s family who arrived in Sri Lanka in 1774 was Pieter Scharenguivel. He was a Quarter Master in the service of the United Dutch East India Company which ruled the maritime provinces of Sri Lanka from the middle of the 17th century to 1796. The Dutch Burgher identity and consciousness within the family I grew up was extremely significant. It played a role in the conversations, traditions, customs, food, perceptions and social interactions. During the British colonial rule, our community produced eminent surgeons, doctors, legal luminaries, judges, engineers, sportsmen, musicians , historians and artists etc.” , said Anne-Marie Scharenguivel, 65, a management accountant and a member of Sri Lanka’s tiny Dutch Burgher community of less than 30,000 people. The people known as ‘Dutch Burghers are descendants of the Europeans who arrived in Sri Lanka as servants of the United East India Company (Vereenigde Oostindische Compagnie- VOC) which ruled Sri Lanka’s maritime provinces from 1656 to 1796 or merchants and married native women or women who were children of mixed marriages between European men and native women.

Sri Lanka’s largest ethnic group is the Sinhalese, constituting 74.9% of the population of 21 million. The Sri Lankan Tamils, who live predominantly in the north and east of the island, are the largest ethnic minority group at 11.1% of Sri Lanka’s population. The Muslims are the third largest ethnic group at 9.3% of the population. Indian Tamils comprise 4.1% of Sri Lanka’s population. Smaller minority groups include the Malays, Burghers, Chetties (an originally trading community whose ancestors arrived from the southern parts of India) and the Veddahs -Sri Lanka’s indigenous people. Malays are descendants of Malay settlers brought by the Dutch colonial rulers.

 

The Dutch Connection with Sri Lanka

The Portuguese were the first European colonial power to arrive in Sri Lanka in 1505 when Sri Lanka had been divided into three kingdoms, namely the Kingdom of Kotte, Kingdom of Jaffna and the interior Kingdom of Kandy. Their presence in Sri Lanka’s maritime provinces between 1505 and 1656 CE, which began as an interaction of trade and commerce, later developed into a colonial rule in the maritime provinces (sans eastern coast from Trincomalee) downwards from 1597. Admiral Joris van Spilbergen (1568-1629), the Dutch circumnavigator, who commanded the fleet of ships’ Ram’, ‘Schaap’, and ‘Lam’ belonging to the Dutch company named Balthazar de Moucheron (a trading company that had been in existence before the establishment of the United East India Company -VOC in March 1602 ), landed in Batticaloa in Sri Lanka’s eastern coast on May 31, 1602, after a 12 month voyage at sea. Van Spilbergen met King Vimaladharmasuriya I, the King of Kandy (interior native kingdom of Sri Lanka), and negotiated the possibilities of trade in cinnamon and pepper and of providing military assistance to the King of Kandy to expel the Portuguese from the coastal regions of the Island. Van Spilbergen’s visit was the first Dutch visit to the Island. Spilbergen was followed by the visits of the fleets of Dutch ships commanded by the Dutch navigator, Sebald de Weert in November 1602, Jacob Cornelisz in 1603 and Marcellus de Boschouwer in 1612.

On May 23, 1638, the Treaty of 1638 between the Kingdom of Kandy and the United East India Company was signed by King Rajasinghe II for the Kingdom of Kandy and Adam Westerwold and William Jacobsz Coster, a commander and vice commander of the Dutch Naval Forces representing the United East India Company (VOC) in Batticaloa. The treaty secured the terms under which the two nations would cooperate in defending the Kandyan Kingdom from the Portuguese. The writer vividly remembers visiting the Dutch State Archives in The Hague in 1985 accompanied by a Dutch Burgher lady friend (64 at that time) settled down in that city, to see one of the original copies of this treaty handwritten in medieval Dutch. This friend whose father was a Ceylonese Dutch Burgher named Kriekenbeek and whose mother was a native Dutch lady, having left Ceylon (Sri Lanka) in 1948 at the age of 24 and having lived in The Netherlands for almost 37 years, was able to translate the contents of the Treaty for me from Dutch to English. I can also remember the courtesy and kindness extended to me (then a 25 year old lawyer) by the Staff of the Dutch State Archives.

The key points of the 1638 Treaty were (a) the Dutch should provide the King of Kandy with military and naval assistance to drive the Portuguese from the Island; (b) the Kandyan King should fully settle the military and naval expenditure incurred by the Dutch for onslaughts against the Portuguese by way of providing the Dutch with commodities such as cinnamon and pepper etc (c) the King of Kandy should grant the Dutch the monopoly of collecting spices and other commodities except elephants from the territories that constituted the Kingdom of Kandy; and (d) the Dutch should vacate the fortresses that would be captured from the Portuguese if the King would desire to take them over. Between 1640 and 1658 the Dutch completely expelled the Portuguese from the maritime provinces of Sri Lanka and ruled until 1796 when the British in turn replaced the Dutch and eventually took the whole island, including its holdout interior Kingdom of Kandy.

The maritime provinces of Sri Lanka came under the rule of Dutch East India Company after its armies defeated the Portuguese in a series of battles between 1640 and 1658. When the Kandyan King, Rajasinghe II demanded the Dutch to vacate and hand over the captured Portuguese Fortresses and territories, the Dutch presented a bill of military and naval expenditure involved in the battles to oust the Portuguese and asked the King to settle the bill first. But Rajasinghe II who was unable to settle the bill, would say that the Dutch had exaggerated the expenditure. The Dutch would maintain that they could hold the territories and fortresses captured from the Portuguese until the King Rajasinghe II and his successors would fully settle their bill of military and naval expenditure of onslaughts against the Portuguese. This was the legal foundation upon which the Dutch justified their occupation of the maritime provinces in the southern, western and northern coastal areas. Later they formulated another legal argument in their search for a legal basis for their rule in those regions.

They argued that Rajasinghe’s Treaty of 1638 with them was a nullity with regard to the Kingdom of Kotte as King Don Jao Dharmapala had gifted it to the King of Portugal in 1591 and the Portuguese had acquired the sovereignty of the Kingdom of Jaffna by conquest by war 1621, and as such Rajasinghe II, the King of Kandy had legal status (locus standi) to sign a treaty claiming the sovereignty over former territories of the Kingdom of Kotte (south western coastal areas of Sri Lanka) and the Kingdom of Jaffna (northern coastal areas). After a war between the Kingdom of Kandy and the forces of the United East India Company, the dispute over the sovereignty of the maritime provinces was permanently settled by the Treaty of 1766, by which the King of Kandy conceded the territorial control of the western, southern, northern and eastern coastal areas to the Dutch. The maritime provinces were ruled by the Dutch East India Company from 1656 to 1796. During their period, a canal system was developed, a judicial system was introduced with the Roman-Dutch Law. The Roman-Dutch Law still remains to be the residuary common law in civil matters, though much of it has been replaced with English Law by statutes during the British rule.

A number of Dutch words have become naturalized in the Sinhalese language . Among many such words are: Kamaraya in Sinhalese is derived from the Dutch word ‘Kamer’ for the room, Kanthoruwa in Sinhalese for office is derived from the Dutch word ‘Kantoor” for office, ‘ boodalaya’ in Sinhalese is derived from the Dutch word ‘Boedel’ for the estate of a deceased person, ‘Kakkussiya” in Sinhalese for lavatory is derived from the Dutch word’ Kakhuis’. The British captured the maritime provinces of the Island in 1796. Among other legacies of the Dutch rule are Dutch forts and a few buildings preserved for posterity. The Dutch Burgher community in Sri Lanka is a living legacy of the Dutch period. When native feudal Chiefs ceded the sovereignty of the interior native Kandyan Kingdom to the British Empire by the Kandyan Convention of 1815, the whole Island came under the British rule. Sri Lanka gained independence from the British in1948.

 

Who are the Burghers and the Dutch Burghers?

The word ‘Burgher’ is derived from the Dutch word ‘Vrije Burgher ‘, meaning “free citizen” or “town dweller”. The Burghers in Sri Lanka are an Eurasian community of mixed origin, whose first paternal ancestors were European colonists (mainly from Portugal, The Netherlands and the UK) who had married native Sinhalese or Tamil women. The Portuguese men who opted to remain in Sri Lanka had married native Sinhalese or Tamil women because there were no Portuguese women in the Island. The children who were born in a marriage between the Portuguese colonists and native women in Portuguese colonies overseas were called Mesticos. The second and subsequent generations of Portuguese colonists who opted to remain in Sri Lanka preferred to marry the Mestico women and their second preference was the native women. The servants and soldiers of the Dutch East India who arrived in Sri Lanka were not only Dutch but belonged to other European nationalities too including German and French Protestants known as Huguenots, Scandinavian and Italian. Marriages between them and native women were less frequent with the passage of time.

The descendants of the European servants of the Dutch East India Company and Mestico women and native women ( Sinhalese and Tamil) became known as ‘Dutch Burghers’. In order to be considered as a Dutch Burgher, one’s father ought to have inherited an European family name from an European paternal ancestor who had come to Sri Lanka during the period Dutch East India Company ruled the maritime provinces of the Island. During the Dutch colonial period, the mother tongue or the lingua franca of the Dutch Burgher community in Sri Lanka was an Indo-Portuguese creole, though the Dutch Burghers later adopted English as their first language during the British colonial period.

 

Dutch Burghers during the British colonial rule in Sri Lanka

Although many portray British rule here as ‘exploitative’, of our country, they ignore the vast economic, social and educational developments that facilitated the transition from feudalism to capitalism and a parliamentary democracy. The contemporary progressive political trends in Britain with her social movements like utilitarianism, social, democratic and labour movements, too influenced colonial rule here. The British empire was an extension of British capitalism to the colonies including Ceylon. Lenin in his book “Colonialism: The Advanced Stage of Capitalism” presented a similar argument. Today, we beg for foreign investment. This is not a new phenomenon. During British colonial rule, British companies invested in the plantations and other sectors in Sri Lanka. These capitalists paid taxes to the British colonial government here on the profits they earned. Later parallel to the British and European capitalist class, an indigenous native entrepreneur class emerged. The colonial government managed the economy with its own tax revenue without borrowing from outside. The Dutch Burghers who were a sort of ‘people in between’ the west and the east were able to achieve eminent positions in the public service, medical profession, legal profession and judiciary during the British colonial period in Sri Lanka. They held a proportionately higher percentage of positions as clerks, engineers, surveyors, journalists, locomotive engine drivers and railway guards in the public service. Their presence was significant in the employment of mercantile sector. It was the eminent Dutch Burghers like Charles Ambrose Lorensz were the pioneer constitutionalists who agitated for more liberal and democratic constitutional reforms during the 19th century British colonial Sri Lanka.

 

The Dutch Burghers in Post -Independence Sri Lanka

Sri Lanka gained independence from the British in 1948 and inherited from the British a democratic form of government based on the Westminster parliamentary model. At the time of Independence, Sinhalese majority constituted 66% of Sri Lanka’s population and the Buddhists who were almost exclusively Sinhalese constituted 60% of the Sri Lanka’s population whilst the remaining 6% of the Sinhalese population were Christians. Sri Lanka’s ethno-religious and ethnic minorities ,at the time of independence constituted 34% of Sri Lanka’s population. Sri Lanka’s first Prime Minister, D. S. Senanayake, a Sinhalese Buddhist, was a pragmatic leader who did not want to upset the ethnic harmony prevalent at the time of Independence. He and his political party the United National Party formed coalition governments with the major Tamil and Muslim parties and formed the cabinet of ministers representing Sri Lanka’s majority Sinhalese Buddhist community and other ethno-linguistic and religious minorities.

He and his two immediate successors, Dudley Senanayake and Sir John Kotalawala after Senanayake’s resignation refused to accede to the demands of the Sinhalese Buddhist nationalists for making Sinhalese the only official language replacing English, making Buddhism the State religion and for immediate take over of Christian denominational schools by the State. The Sinhalese Buddhist nationalists approached Solomon West Ridgway Dias Bandaranaike, who had broke away from D. S. Senanayake’s United National Party and had formed a new political party named Sri Lanka Freedom Party. Bandaranaike promised to implement all these demands of the Sinhalese Buddhist nationalists in the event his party would come to power at the next General Election. Bandaranaike was a Sinhalese born to a highly anglicized Christian aristocratic family. Educated at Oxford (1919-1925), Bandaranaike was a Barrister-at-Law and an eloquent speaker at the Oxford Union. A few years after his return to the Island from Oxford, Bandaranaike adopted the national dress, learned the Sinhalese language and began to tread on a path of communal politics based on Sinhalese Buddhist nationalism.

In 1956, a coalition led by Bandaranaike’s on communal sentiments and slogans of the Sinhalese Buddhist nationalism and socialism, was elected to power and Bandaranaike became the Prime Minister. One of the first things his government hurriedly did was to enact an Official Language Act making Sinhalese the only official language disregarding the Tamil and English , and the demand for making both Sinhalese and Tamil as official languages put forward by the Tamil political parties and Marxist political parties were rejected. The enactment of this piece of legislation deprived the English educated intelligentsia of Tamils, Dutch Burghers and Sinhalese of public sector jobs unless they passed an examination to prove their proficiency in Sinhala language.

 

Bandaranaike who began to experience the initial destructive consequences of his short sighted policies ,could not live long to witness the long term consequence of the whirlwind of communal tensions he set in motion through his unwise initiatives.

In September 1959, Bandaranaike was assassinated by a Buddhist monk named Talduwe Somarama, a misguided instrument or a cat’s paw of a conspiracy by a group of Sinhalese Buddhists (led by a prominent Sinhalese Buddhist monk) who helped him come to power , but developed an enmity with him, when in power, Bandaranaike refused to help them form a shipping company. The enactment of Bandaranaike’s ‘Sinhala Only’ and the events that followed drastically changed the political landscape of Sri Lanka, with his SLFP’s rival, the UNP’s governments too pursuing the same policies when in power, resulting in communal riots of 1958, 1977 and 1983 disturbances and tensions culminating in a 30-year civil war. Mrs. Bandaranaike who became prime minister in 1960, pursued policies of her husband rigorously, and took over the denominational schools of which an overwhelming majority were Christian in 1961. This entailed further appeasing the demands of the Sinhalese Buddhist nationalists by withholding State grants and subsidies for such schools if they opted to remain private. As result only 51 Christian school out of hundreds could remain independent.

Christians, particularly Catholics considered the take over of their schools by the State a discriminatory blow. Mrs. Bandaranaike, elected to power again in 1970 with a two third majority in parliament, severed the constitutional links with the British monarch as the ceremonial head of the state and abolished right to appeal the decisions of the Supreme Court of Sri Lanka to the Judicial Committee of the Privy Council of the United Kingdom. Her government enacted a Republican constitution granting Buddhism the foremost place in the Sri Lankan State, casting a constitutional duty upon the State to protect and foster Buddhism. Her government went further to perpetuate the Sinhala Only policy of her late husband by making Sinhala the only official language in the Sri Lankan State by incorporating provisions for such status in the new constitution of 1972. History has shown that issues of race, caste, religion, language and blind political affiliations have always been exploited by the leaders, and that these machinations have not originated from the ordinary people or peasants. Innocent peasants may be misled, misguided and mobilized by the leaders to achieve their narrow self–serving interests and ambitions by exploiting ethnicity, religion, caste and language in the South Asian political context. The Dutch Burghers, having experienced anxieties and insecurities of their future prospects, opted to emigrate mainly to Australia.

(To be continued next week)



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Australia’s social media ban: A sledgehammer approach to a scalpel problem

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When governments panic, they legislate. When they legislate in panic, they create monsters. Australia’s world-first ban on social media for under-16s, which came into force on 10 December, 2025, is precisely such a monster, a clumsy, authoritarian response to a legitimate problem that threatens to do more harm than good.

Prime Minister Anthony Albanese hailed it as a “proud day” for Australian families. One wonders what there is to be proud about when a liberal democracy resorts to blanket censorship, violates children’s fundamental rights, and outsources enforcement to the very tech giants it claims to be taming. This is not protection; it is political theatre masquerading as policy.

The Seduction of Simplicity

The ban’s appeal is obvious. Social media platforms have become toxic playgrounds where children are subjected to cyberbullying, addictive algorithms, and content that can genuinely harm their mental health. The statistics are damning: 40% of Australian teens have experienced cyberbullying, youth self-harm hospital admissions rose 47% between 2012 and 2022, and depression rates have skyrocketed in tandem with smartphone adoption. These are real problems demanding real solutions.

But here’s where Australia has gone catastrophically wrong: it has conflated correlation with causation and chosen punishment over education, restriction over reform, and authoritarian control over empowerment. The ban assumes that removing children from social media will magically solve mental health crises, as if these platforms emerged in a vacuum rather than as symptoms of deeper societal failures, inadequate mental health services, overworked parents, underfunded schools, and a culture that has outsourced child-rearing to screens.

Dr. Naomi Lott of the University of Reading hit the nail on the head when she argued that the ban unfairly burdens youth for tech firms’ failures in content moderation and algorithm design. Why should children pay the price for corporate malfeasance? This is akin to banning teenagers from roads because car manufacturers built unsafe vehicles, rather than holding those manufacturers accountable.

The Enforcement Farce

The practical implementation of this ban reads like dystopian satire. Platforms must take “reasonable steps” to prevent access, a phrase so vague it could mean anything or nothing. The age verification methods being deployed include AI-driven facial recognition, behavioural analysis, government ID scans, and something called “AgeKeys.” Each comes with its own Pandora’s box of problems.

Facial recognition technology has well-documented biases against ethnic minorities. Behavioural analysis can be easily gamed by tech-savvy teenagers. ID scans create massive privacy risks in a country that has suffered repeated data breaches. And zero-knowledge proof, while theoretically elegant, require a level of technical sophistication that makes them impractical for mass adoption.

Already, teenagers are bragging online about circumventing the restrictions, prompting Albanese’s impotent rebuke. What did he expect? That Australian youth would simply accept digital exile? The history of prohibition, from alcohol to file-sharing, teaches us that determined users will always find workarounds. The ban doesn’t eliminate risk; it merely drives it underground where it becomes harder to monitor and address.

Even more absurdly, platforms like YouTube have expressed doubts about enforcement, and Opposition Leader Sussan Ley has declared she has “no confidence” in the ban’s efficacy. When your own political opposition and the companies tasked with implementing your policy both say it won’t work, perhaps that’s a sign you should reconsider.

The Rights We’re Trading Away

The legal challenges now percolating through Australia’s High Court get to the heart of what’s really at stake here. The Digital Freedom Project, led by teenagers Noah Jones and Macy Neyland, argues that the ban violates the implied constitutional freedom of political communication. They’re right. Social media platforms, for all their flaws, have become essential venues for democratic discourse. By age 16, many young Australians are politically aware, engaged in climate activism, and participating in public debates. This ban silences them.

The government’s response, that child welfare trumps absolute freedom, sounds reasonable until you examine it closely. Child welfare is being invoked as a rhetorical trump card to justify what is essentially state paternalism. The government isn’t protecting children from objective harm; it’s making a value judgment about what information they should be allowed to access and what communities they should be permitted to join. That’s thought control, not child protection.

Moreover, the ban creates a two-tiered system of rights. Those over 16 can access platforms; those under cannot, regardless of maturity, need, or circumstance. A 15-year-old seeking LGBTQ+ support groups, mental health resources, or information about escaping domestic abuse is now cut off from potentially life-saving communities. A 15-year-old living in rural Australia, isolated from peers, loses a vital social lifeline. The ban is blunt force trauma applied to a problem requiring surgical precision.

The Privacy Nightmare

Let’s talk about the elephant in the digital room: data security. Australia’s track record here is abysmal. The country has experienced multiple high-profile data breaches, and now it’s mandating that platforms collect biometric data, government IDs, and behavioural information from millions of users, including adults who will need to verify their age to distinguish themselves from banned minors.

The legislation claims to mandate “data minimisation” and promises that information collected solely for age verification will be destroyed post-verification. These promises are worth less than the pixels they’re displayed on. Once data is collected, it exists. It can be hacked. It can be subpoenaed. It can be repurposed. The fine for violations, up to AUD 9.5 million, sounds impressive until you realise that’s pocket change for tech giants making billions annually.

We’re creating a massive honeypot of sensitive information about children and families, and we’re trusting companies with questionable data stewardship records to protect it. What could possibly go wrong?

The Global Domino Delusion

Proponents like US Senator Josh Hawley and author Jonathan Haidt praise Australia’s ban as a “bold precedent” that will trigger global reform. This is wishful thinking bordering on delusion. What Australia has actually created is a case study in how not to regulate technology.

France, Denmark, and Malaysia are watching, but with notable differences. France’s model includes parental consent options. Denmark proposes exemptions for 13-14-year-olds with parental approval. These approaches recognise what Australia refuses to acknowledge: that blanket prohibitions fail to account for individual circumstances and family autonomy.

The comparison table in the document reveals the stark rigidity of Australia’s approach. It’s the only country attempting outright prohibition without parental consent. This isn’t leadership; it’s extremism. Other nations may cherry-pick elements of Australia’s approach while avoiding its most draconian features. (See Table)

The Real Solutions We’re Ignoring

Here’s what actual child protection would look like: holding platforms legally accountable for algorithmic harm, mandating transparent content moderation, requiring platforms to offer chronological feeds instead of engagement-maximising algorithms, funding digital literacy programmes in schools, properly resourcing mental health services for young people, and empowering parents with better tools to guide their children’s online experiences.

Instead, Australia has chosen the path of least intellectual effort: ban it and hope for the best. This is governance by bumper sticker, policy by panic.

Mia Bannister, whose son’s suicide has been invoked repeatedly to justify the ban, called parental enforcement “short-term pain, long-term gain” and urged families to remove devices entirely. But her tragedy, however heart-wrenching, doesn’t justify bad policy. Individual cases, no matter how emotionally compelling, are poor foundations for sweeping legislation affecting millions.

Conclusion: The Tyranny of Good Intentions

Australia’s social media ban is built on good intentions, genuine concerns about child welfare, and understandable frustration with unaccountable tech giants. But good intentions pave a very particular road, and this road leads to a place where governments dictate what information citizens can access based on age, where privacy becomes a quaint relic, and where young people are infantilised rather than educated.

The ban will fail on its own terms, teenagers will circumvent it, platforms will struggle with enforcement, and the mental health crisis will continue because it was never primarily about social media. But it will succeed in normalising digital authoritarianism, expanding surveillance infrastructure, and teaching young Australians that their rights are negotiable commodities.

When this ban inevitably fails, when the promised mental health improvements don’t materialize, when data breaches expose the verification systems, and when teenagers continue to access prohibited platforms through VPNs and workarounds, Australia will face a choice: double down on enforcement, creating an even more invasive surveillance state, or admit that the entire exercise was a costly mistake.

Smart money says they’ll choose the former. After all, once governments acquire new powers, they rarely relinquish them willingly. And that’s the real danger here, not that Australia will fail to protect children from social media, but that it will succeed in building the infrastructure for a far more intrusive state. The platforms may be the proximate target, but the ultimate casualties will be freedom, privacy, and trust.

Australia didn’t need a world-first ban. It needed world-class thinking. Instead, it settled for a world of trouble.

(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT, Malabe. The views and opinions expressed in this article are personal.)

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Sustaining good governance requires good systems

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A prominent feature of the first year of the NPP government is that it has not engaged in the institutional reforms which was expected of it. This observation comes in the context of the extraordinary mandate with which the government was elected and the high expectations that accompanied its rise to power. When in opposition and in its election manifesto, the JVP and NPP took a prominent role in advocating good governance systems for the country. They insisted on constitutional reform that included the abolition of the executive presidency and the concentration of power it epitomises, the strengthening of independent institutions that overlook key state institutions such as the judiciary, public service and police, and the reform or repeal of repressive laws such as the PTA and the Online Safety Act.

The transformation of a political party that averaged between three to five percent of the popular vote into one that currently forms the government with a two thirds majority in parliament is a testament to the faith that the general population placed in the JVP/ NPP combine. This faith was the outcome of more than three decades of disciplined conduct in the aftermath of the bitter experience of the 1988 to 1990 period of JVP insurrection. The manner in which the handful of JVP parliamentarians engaged in debate with well researched critiques of government policy and actions, and their service in times of disaster such as the tsunami of 2004 won them the trust of the people. This faith was bolstered by the Aragalaya movement which galvanized the citizens against the ruling elites of the past.

In this context, the long delay to repeal the Prevention of Terrorism Act which has earned notoriety for its abuse especially against ethnic and religious minorities, has been a disappointment to those who value human rights. So has been the delay in appointing an Auditor General, so important in ensuring accountability for the money expended by the state. The PTA has a long history of being used without restraint against those deemed to be anti-state which, ironically enough, included the JVP in the period 1988 to 1990. The draft Protection of the State from Terrorism Act (PSTA), published in December 2025, is the latest attempt to repeal and replace the PTA. Unfortunately, the PSTA largely replicates the structure, logic and dangers of previous failed counter terrorism bills, including the Counter Terrorism Act of 2018 and the Anti Terrorism Act proposed in 2023.

Misguided Assumption

Despite its stated commitment to rule of law and fundamental rights, the draft PTSA reproduces many of the core defects of the PTA. In a preliminary statement, the Centre for Policy Alternatives has observed among other things that “if there is a Detention Order made against the person, then in combination, the period of remand and detention can extend up to two years. This means that a person can languish in detention for up to two years without being charged with a crime. Such a long period again raises questions of the power of the State to target individuals, exacerbated by Sri Lanka’s history of long periods of remand and detention, which has contributed to abuse and violence.” Human Rights lawyer Ermiza Tegal has warned against the broad definition of terrorism under the proposed law: “The definition empowers state officials to term acts of dissent and civil disobedience as ‘terrorism’ and will lawfully permit disproportionate and excessive responses.”  The legitimate and peaceful protests against abuse of power by the authorities cannot be classified as acts of terror.

The willingness to retain such powers reflects the surmise that the government feels that keeping in place the structures that come from the past is to their benefit, as they can utilise those powers in a crisis. Due to the strict discipline that exists within the JVP/NPP at this time there may be an assumption that those the party appoints will not abuse their trust. However, the country’s experience with draconian laws designed for exceptional circumstances demonstrates that they tend to become tools of routine governance. On the plus side, the government has given two months for public comment which will become meaningful if the inputs from civil society actors are taken into consideration.

Worldwide experience has repeatedly demonstrated that integrity at the level of individual leaders, while necessary, is not sufficient to guarantee good governance over time. This is where the absence of institutional reform becomes significant. The aftermath of Cyclone Ditwah in particular has necessitated massive procurements of emergency relief which have to be disbursed at maximum speed. There are also significant amounts of foreign aid flowing into the country to help it deal with the relief and recovery phase. There are protocols in place that need to be followed and monitored so that a fiasco like the disappearance of tsunami aid in 2004 does not recur. To the government’s credit there are no such allegations at the present time. But precautions need to be in place, and those precautions depend less on trust in individuals than on the strength and independence of oversight institutions.

Inappropriate Appointments

It is in this context that the government’s efforts to appoint its own preferred nominees to the Auditor General’s Department has also come as a disappointment to civil society groups. The unsuitability of the latest presidential nominee has given rise to the surmise that this nomination was a time buying exercise to make an acting appointment. For the fourth time, the Constitutional Council refused to accept the president’s nominee. The term of the three independent civil society members of the Constitutional Council ends in January which would give the government the opportunity to appoint three new members of its choice and get its way in the future.

The failure to appoint a permanent Auditor General has created an institutional vacuum at a critical moment. The Auditor General acts as a watchdog, ensuring effective service delivery promoting integrity in public administration and providing an independent review of the performance and accountability. Transparency International has observed “The sequence of events following the retirement of the previous Auditor General points to a broader political inertia and a governance failure. Despite the clear constitutional importance of the role, the appointment process has remained protracted and opaque, raising serious questions about political will and commitment to accountability.”

It would appear that the government leadership takes the position they have been given the mandate to govern the country which requires implementation by those they have confidence in. This may explain their approach to the appointment (or non-appointment) at this time of the Auditor General. Yet this approach carries risks. Institutions are designed to function beyond the lifespan of any one government and to protect the public interest even when those in power are tempted to act otherwise. The challenge and opportunity for the NPP government is to safeguard independent institutions and enact just laws, so that the promise of system change endures beyond personalities and political cycles.

by Jehan Perera

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General education reforms: What about language and ethnicity?

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A new batch arrived at our Faculty again. Students representing almost all districts of the country remind me once again of the wonderful opportunity we have for promoting social and ethnic cohesion at our universities. Sadly, however, many students do not interact with each other during the first few semesters, not only because they do not speak each other’s language(s), but also because of the fear and distrust that still prevails among communities in our society.

General education reform presents an opportunity to explore ways to promote social and ethnic cohesion. A school curriculum could foster shared values, empathy, and critical thinking, through social studies and civics education, implement inclusive language policies, and raise critical awareness about our collective histories. Yet, the government’s new policy document, Transforming General Education in Sri Lanka 2025, leaves us little to look forward to in this regard.

The policy document points to several “salient” features within it, including: 1) a school credit system to quantify learning; 2) module-based formative and summative assessments to replace end-of-term tests; 3) skills assessment in Grade 9 consisting of a ‘literacy and numeracy test’ and a ‘career interest test’; 4) a comprehensive GPA-based reporting system spanning the various phases of education; 5) blended learning that combines online with classroom teaching; 6) learning units to guide students to select their preferred career pathways; 7) technology modules; 8) innovation labs; and 9) Early Childhood Education (ECE). Notably, social and ethnic cohesion does not appear in this list. Here, I explore how the proposed curriculum reforms align (or do not align) with the NPP’s pledge to inculcate “[s]afety, mutual understanding, trust and rights of all ethnicities and religious groups” (p.127), in their 2024 Election Manifesto.

Language/ethnicity in the present curriculum

The civil war ended over 15 years ago, but our general education system has done little to bring ethnic communities together. In fact, most students still cannot speak in the “second national language” (SNL) and textbooks continue to reinforce negative stereotyping of ethnic minorities, while leaving out crucial elements of our post-independence history.

Although SNL has been a compulsory subject since the 1990s, the hours dedicated to SNL are few, curricula poorly developed, and trained teachers few (Perera, 2025). Perhaps due to unconscious bias and for ideological reasons, SNL is not valued by parents and school communities more broadly. Most students, who enter our Faculty, only have basic reading/writing skills in SNL, apart from the few Muslim and Tamil students who schooled outside the North and the East; they pick up SNL by virtue of their environment, not the school curriculum.

Regardless of ethnic background, most undergraduates seem to be ignorant about crucial aspects of our country’s history of ethnic conflict. The Grade 11 history textbook, which contains the only chapter on the post-independence period, does not mention the civil war or the events that led up to it. While the textbook valourises ‘Sinhala Only’ as an anti-colonial policy (p.11), the material covering the period thereafter fails to mention the anti-Tamil riots, rise of rebel groups, escalation of civil war, and JVP insurrections. The words “Tamil” and “Muslim” appear most frequently in the chapter, ‘National Renaissance,’ which cursorily mentions “Sinhalese-Muslim riots” vis-à-vis the Temperance Movement (p.57). The disenfranchisement of the Malaiyaha Tamils and their history are completely left out.

Given the horrifying experiences of war and exclusion experienced by many of our peoples since independence, and because most students still learn in mono-ethnic schools having little interaction with the ‘Other’, it is not surprising that our undergraduates find it difficult to mix across language and ethnic communities. This environment also creates fertile ground for polarizing discourses that further divide and segregate students once they enter university.

More of the same?

How does Transforming General Education seek to address these problems? The introduction begins on a positive note: “The proposed reforms will create citizens with a critical consciousness who will respect and appreciate the diversity they see around them, along the lines of ethnicity, religion, gender, disability, and other areas of difference” (p.1). Although National Education Goal no. 8 somewhat problematically aims to “Develop a patriotic Sri Lankan citizen fostering national cohesion, national integrity, and national unity while respecting cultural diversity (p. 2), the curriculum reforms aim to embed values of “equity, inclusivity, and social justice” (p. 9) through education. Such buzzwords appear through the introduction, but are not reflected in the reforms.

Learning SNL is promoted under Language and Literacy (Learning Area no. 1) as “a critical means of reconciliation and co-existence”, but the number of hours assigned to SNL are minimal. For instance, at primary level (Grades 1 to 5), only 0.3 to 1 hour is allocated to SNL per week. Meanwhile, at junior secondary level (Grades 6 to 9), out of 35 credits (30 credits across 15 essential subjects that include SNL, history and civics; 3 credits of further learning modules; and 2 credits of transversal skills modules (p. 13, pp.18-19), SNL receives 1 credit (10 hours) per term. Like other essential subjects, SNL is to be assessed through formative and summative assessments within modules. As details of the Grade 9 skills assessment are not provided in the document, it is unclear whether SNL assessments will be included in the ‘Literacy and numeracy test’. At senior secondary level – phase 1 (Grades 10-11 – O/L equivalent), SNL is listed as an elective.

Refreshingly, the policy document does acknowledge the detrimental effects of funding cuts in the humanities and social sciences, and highlights their importance for creating knowledge that could help to “eradicate socioeconomic divisions and inequalities” (p.5-6). It goes on to point to the salience of the Humanities and Social Sciences Education under Learning Area no. 6 (p.12):

“Humanities and Social Sciences education is vital for students to develop as well as critique various forms of identities so that they have an awareness of their role in their immediate communities and nation. Such awareness will allow them to contribute towards the strengthening of democracy and intercommunal dialogue, which is necessary for peace and reconciliation. Furthermore, a strong grounding in the Humanities and Social Sciences will lead to equity and social justice concerning caste, disability, gender, and other features of social stratification.”

Sadly, the seemingly progressive philosophy guiding has not moulded the new curriculum. Subjects that could potentially address social/ethnic cohesion, such as environmental studies, history and civics, are not listed as learning areas at the primary level. History is allocated 20 hours (2 credits) across four years at junior secondary level (Grades 6 to 9), while only 10 hours (1 credit) are allocated to civics. Meanwhile, at the O/L, students will learn 5 compulsory subjects (Mother Tongue, English, Mathematics, Science, and Religion and Value Education), and 2 electives—SNL, history and civics are bunched together with the likes of entrepreneurship here. Unlike the compulsory subjects, which are allocated 140 hours (14 credits or 70 hours each) across two years, those who opt for history or civics as electives would only have 20 hours (2 credits) of learning in each. A further 14 credits per term are for further learning modules, which will allow students to explore their interests before committing to a A/L stream or career path.

With the distribution of credits across a large number of subjects, and the few credits available for SNL, history and civics, social/ethnic cohesion will likely remain on the back burner. It appears to be neglected at primary level, is dealt sparingly at junior secondary level, and relegated to electives in senior years. This means that students will be able to progress through their entire school years, like we did, with very basic competencies in SNL and little understanding of history.

Going forward

Whether the students who experience this curriculum will be able to “resist and respond to hegemonic, divisive forces that pose a threat to social harmony and multicultural coexistence” (p.9) as anticipated in the policy, is questionable. Education policymakers and others must call for more attention to social and ethnic cohesion in the curriculum. However, changes to the curriculum would only be meaningful if accompanied by constitutional reform, abolition of policies, such as the Prevention of Terrorism Act (and its proxies), and other political changes.

For now, our school system remains divided by ethnicity and religion. Research from conflict-ridden societies suggests that lack of intercultural exposure in mono-ethnic schools leads to ignorance, prejudice, and polarized positions on politics and national identity. While such problems must be addressed in broader education reform efforts that also safeguard minority identities, the new curriculum revision presents an opportune moment to move this agenda forward.

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

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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