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Midweek Review

An assurance on China-backed Port City project, as Indian assets fought fire on X-Press Pearl

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Prof. Peiris, flanked by Justice Minister Ali Sabry, PC (left) and State Minister Ajith Nivard Cabraal addresses the media at the Information department on May 29 (pic courtesy Education Ministry)

Worst ever ecological disaster a month after ship carrying radioactive uranium entered H’tota harbour

 

By Shamindra Ferdinando

 

Sri Lanka Podujana Peramuna (SLPP) Chairman Prof. G. L. Peiris, MP, on May 29 reiterated the importance of the Colombo Port City project. National List MP Prof. Peiris, who is also the Education Minister, was responding to major concerns raised by those who moved the Supreme Court against the Colombo Port City Economic Commission Bill. Prof. Peiris was flanked by National List MPs, Justice Minister Ali Sabri, PC, and State Minister of Money & Capital Market and State Enterprise Reforms Ajith Nivard Cabraal.

The briefing took place at the Information Department, amidst Sri Lanka’s worst ever ecological disaster that threatened the seas around the Colombo Port City and the welfare of thousands who eke out a living off the sea. Indian vessels and tugs, operated by Sri Lanka Shipping Company, and Salvos, fought a raging fire on the container carrier X-Press Pearl.

Controversy surrounds the delay on Sri Lanka’s part to call for Indian help for five days. Indian vessels and aircraft arrived in Sri Lanka on May 25th – five days after Sri Lanka was informed of the fire. The X-Press Pearl fire erupted exactly a month after Sri Lanka expelled a China-bound Antigua-registered vessel that entered the Hambantota port without revealing it carried radioactive uranium.

It would be pertinent to mention that the Information Department received a new head on April 09. Mohan Samaranayake, who previously held the post of Director General, Presidential Media, assumed duties on April 19. Samaranayake succeeded Nalaka Kaluwewa. With Samaranayake’s arrival at the Information Department, the government’s under-used media outlet has sort of enhanced its role.

After assuming new responsibility, veteran journalist and political commentator Samaranayake declared: “Every effort will be made to ensure the expected role of the Department of Government Information by properly publicizing accurate information.”

Samaranayake’s departure paved the way for former Swarnavahini presenter Sudeva Hettiarachchi who had been previously with Hiru, to be the new DG Presidential Media. The Presidential Secretariat also created a new post, namely the Presidential Spokesperson for Sirasa presenter Kingsley Ratnayake, who had done a regular wide-ranging interview with former minister and Sri Lanka’s High Commissioner to India Milinda Moragoda. Interestingly, the late Bandula Jayasekera, one-time The Islander, having served as President Mahinda Rajapaksa’s spokesperson, joined Sirasa after the 2015 presidential election.

The country is in such a crisis and in a far worse situation than during the 30-year war, daunting challenges cannot be overcome by media strategies alone.

Let me get back to the May 29 briefing, at the Information Department. Prof. Peiris was quite convincing in his explanation as regards the passage of the Bill on laws governing the China-backed Colombo Port city project. The one-time top law academic addressed, what he called, misconceptions and apprehensions pertaining to the contents and implications of the Bill, approved by Parliament on May 20th.

The ministerial briefing took place in the wake of Speaker Mahinda Yapa Abeywardena ratifying the new Act. Shan Wijetunga, Director, Department of Communication, Parliament, issued the following statement on the afternoon of May 27. It was headlined: “Hon. Speaker signs blueprint of the Colombo Port City Economic Commission Bill”. The following is the text of the Speaker’s brief statement: “Speaker Hon. Mahinda Yapa Abeywardena has put his signature today (27) validating the Colombo Port City Economic Commission Bill which was passed in Parliament on the 20th May 2021.

The Speaker signed the blueprint of the act at around 11.30 am this morning.

Thereby the Colombo Port City Economic Commission act will be implemented, in full, from today (27).”

The statement made no reference to the Speaker’s decision to launch two inquiries into the failure on the part of Parliament to accurately count the number of votes received, in support of the Bill, at the May 20th vote.

The inquiries were initiated following complaints received from Minister Sabry and SLPP General Secretary Attorney-at-Law Sagara Kariyawasam, PC. The Speaker called for a report from Jayantha de Silva, Secretary, Technology Ministry, pertaining to the failure of the electronic counting system and a comprehensive report in respect of the overall situation from former Secretary General Parliament Dhammika Kitulgoda.

The Communication Department statement also didn’t make any reference to the number of votes received for and against the Bill. However, the first post-war External Affairs Minister Prof. Peiris (2010-2015) didn’t mince his words when he declared at the Information Department that the Bill had received an overwhelming two-thirds majority. Prof. Peiris said that there had been an error in the counting process and the truth was established following an inquiry.

Interestingly, the Speaker’s own Media Division, headed by Indunil Abeywardena, too, hadn’t issued a statement regarding the revelation made by the SLPP Chairman, at the time of the Information Department meeting.

There cannot be any justifiable excuse for the pathetic failure on the part of Parliament to ensure an unquestionable counting process. Can there be any issue whatsoever in the electronic counting process? Parliament actually should be ashamed of its failure – the latest in a long list of let downs over a period of time.

 

Prof. Peiris responds to Opp concerns

The statement made by Prof. Peiris should be examined against the backdrop of the Opposition’s plea to the Supreme Court to order a Referendum, in addition to a two-thirds parliamentary approval for the Bill. The SLPP avoided the Referendum by agreeing for the amendments proposed by the Opposition whereas the SC declared the adequacy of a simple majority.

Prof. Peiris dealt with several contentious issues, including what he described as the perception of exclusivity. Appreciating China spearheading the mega project meant to ‘creating and adding to Sri Lanka’s territory’, Prof. Peiris declared that doors were open for all countries to invest therein. Prof Peiris emphasized that there is absolutely no basis for the assumptions as regards the new territory being Chinese and investments would be restricted.

Having dealt with the contentious issue over the alleged exclusivity, Prof. Peiris strongly countered accusations that the adoption of the Act would pave the way for creation of a mechanism (Colombo Port City Economic Commission) that would undermine basic democratic structures, therefore a threat to Parliament.

Prof. Peiris also explained how Parliament functioned in its supreme capacity and was responsible for the operation of the Colombo Port City project. The distinguished academic stressed that whatever tax concessions and other privileges afforded to investors would be strictly subjected to the parliamentary approval by way of powers exercised by the Auditor General. Minister Peiris asserted that there couldn’t be any controversy over the China-backed project as it would be subjected to regulatory authorities – the Central Bank of Sri Lanka, Public Utilities Commission of Sri Lanka, Inland Revenue Department, Attorney General, Customs et al.

Prof. Peiris dealt with accusations that the Colombo Port City would be utilised for money laundering operations. The Education Minister explained how the laws applicable to the new territory didn’t in any way undermine the systems in place to deter money laundering. The US publicly in April alleged that the Colombo Port City would be exploited by ‘nefarious actors’.

Finally, the SLPP Chairman scotched speculation regarding the police and the military not having access to the new territory. Perhaps, most interesting was the examination of the Colombo Port City Economic Commission Bill with that of the Greater Colombo Economic Commission (GCEC) Law, introduced by President JRJ, and an amendment enacted by the late President Ranasinghe Premadasa in 1992. Referring to Premadasa’s amendment that transformed the GCEC to the Board of Investment (BoI), Prof. Peiris said that the then President deprived the Courts of authority to intervene in BOI matters.

Prof. Peiris ridiculed those who had moved the Supreme Court against the Colombo Port City Economic Commission Bill, for having backed the GCEC Law and the 1992 amendment. Prof. Peiris said that President JRJ had been in such a hurry for the GCEC Law he got the National State Assembly to approve it before the promulgation of the 1978 Constitution.

Having explained the fundamental change in investments, Prof. Peiris called for what he called a ‘coherent statutory regime’ as part of overall efforts to attract foreign investments. Prof. Peiris quite vigorously emphasized the role played by the previous government in the China-led project.

Prof. Peiris recalled how the then Minister of Internal and Home Affairs and Provincial Councils and Local Government Vajira Abeywardena (Current UNP Chairman) issued a gazette pertaining to the Colombo Port City territory.

At the onset of the briefing, Prof. Peiris declared that apprehensions and misconceptions pertaining to the project could be easily resolved by a fuller discussion than we have seen in the recent days. Such discussions should have taken place in the run-up to the passage of the Bill. The government shouldn’t expect a consensus on the project having bulldozed its way through in Parliament.

 

UNP’s dilemma

Parliament, on July 23, 2019, passed a resolution that paved the way for the amalgamation of the reclaimed land of the Colombo Port City with the area coming under the purview of the Colombo Divisional Secretariat division.

The Resolution under the Administrative Districts Act was presented by Vajira Abeywardena, MP.

According to the Resolution, the land of the Colombo Port City in extent of 446 hectares will be annexed to the Colombo Divisional Secretariat’s Division of the Administrative District of Colombo. As per the plan prepared by the Surveyor General, the Colombo Port and Chaithya Road East will be a connecting point to the boundary of the Colombo Divisional Secretariat’s Division.

The newly reclaimed land’s connection point would be the western boundary of the Colombo Divisional Secretariat’s Division and its east coordinate would be 396913.476 from the northern connection point and 397077.037 from the southern connection point while its north coordinate would be 492847.74 from the northern connection point and 492290.222 from the southern connection point according to the Sri Lanka Grid 1999 reference coordinate system, according to the schedule of the resolution.

Having suspended the Colombo Port City project soon after the 2015 presidential election, the yahapalana government caused irreparable damage to long standing bilateral relations. The then Government spokesman Rajitha Senaratne said the China Communications Construction Co Ltd (CCCC) project had been launched without relevant approvals from concerned institutions. The Minister alleged that the agreement had been finalized without following proper procedures and did not meet environmental standards. The yahapalana government, in August, 2016, however, despite earlier bitter criticism of it, paved the way for the resumption of the project after China twisted the then Sri Lankan leadership’s arm. China warned Sri Lanka of dire consequences unless it paid compensation for the losses caused by the abrupt suspension of the project. The CCCC estimated it was losing more than $380,000 a day as a result.

Sri Lanka’s foolish decision to suspend the Chinese project should be examined against the backdrop of the US role in the 2015 change of government. No less a person than the then Secretary of State John Kerry revealed the US made funding available for the political project to topple the Mahinda Rajapaksa government, in addition to backing the regime change in Myanmar and Nigeria.

At one point, China lashed out at the then Finance Minister Ravi Karunanayake (Karunanayaka, who contested the Colombo district along with UNP leader Ranil Wickremesinghe, lost his bid to re-enter Parliament at the last parliamentary election, in August 2020. Wickremesinghe, too, lost. The once all-powerful UNP won just a National List slot and it too remains vacant still).

The then Chinese Ambassador Yi Xianliang hit back hard at Karunanayake after he called Chinese funding as ‘expensive loans.’ The Chinese demanded to know why Karunanayaka sought more loans if he felt the Chinese were not being fair. The Chinese Ambassador reacted angrily to Karunanayake in Oct/Nov 2016. By then, both Karunanayake and the then government had been embroiled in Treasury bond scams, perpetrated in Feb 2015 and March 2016.

Having defended the flagship Chinese project to the hilt, the status of Prof. Peiris’ role in the overall government strategy cannot be ignored under any circumstances.

SLPP lawmaker Dr. Wijeyadasa Rajapakse, PC, in his written submissions submitted to the Supreme Court, in respect of the Colombo Port City Economic Commission, challenged the legitimacy of the Bill. Perhaps, the bone of contention is that the Bill, presented to Parliament by the SLPP, hadn’t been consonant with the bilateral agreement between Sri Lanka and China, finalized in 2014, or the re-negotiated tripartite agreement (Sri Lanka, China and Urban Development Authority) following the change of government in 2015.

Lawmaker Rajapakse questioned the failure on the part of those who had access to those agreements but conveniently refrained from submitting them to the Supreme Court.

In his submissions, MP Rajapakse, who had represented both the UNP and the SLFP in the cabinet, alleged Prof. Peiris, along with Dr. P.B. Jayasundera, Secretary to the President, S.R. Attygalle, Secretary to the Treasury and Secretary to the Cabinet being silent on the previous agreements. The four had intervened in the case in support of the Bill.

Having appeared in the Supreme Court on behalf of Ven. Muruthettuwe Ananda Nayaka thera and Nagashenage Dasun Yasas Sri Nagasena, MP Rajapaksa skipped the vote on the Bill on May 20.

 

A big question mark over the role of Parliament

Prof. Peiris, as well as other government spokespersons, have repeatedly assured the public that the Colombo Port City project would be governed by Parliament. They guaranteed the project would be subjected to proper scrutiny therefore the public should be at ease. However, Parliament, having pathetically failed to fulfill its primary responsibilities namely (i) ensuring financial discipline and (ii) enactment of new laws expected to manage the Port City project. Parliament has, however, over and over again revealed its incompetence as waste, corruption and irregularities continued unabated. It would be a horrendous mistake on the part of the public to believe for a moment the Port City project would be within Sri Lanka’s purview simply on the basis of it being subject to parliamentary supervision.

Such claims should be discussed taking into consideration statements issued by the Communication Department of Parliament pertaining to the COPE (Committee on Public Enterprises), COPA (Committee on Public Finance) and COPF (Committee on Public Finance) proceedings. Parliament’s response to the Treasury bond scams, during the previous administration, as well as the massive sugar tax scam, perpetrated by the incumbent SLPP government, bared an unpalatable truth. Examination of COPE, COPA and COPF reports since the last general election revealed massive embezzlement at public sector enterprises as well as other institutions, such as Sri Lanka Cricket and Football Federation of Sri Lanka. In fact, waste, corruption and irregularities seemed almost acceptable to governments, whoever was at the helm, with Parliament struggling to cope up with corruption. Therefore, believing in parliamentary supervision of the Port City project can be quite a blunder.



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Midweek Review

BASL fears next set of civil society representatives might be rubber stamps of NPP

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A group of officials from National Audit Office of Sri Lanka attend a capacity building programme in India

CC in dilemma over filling impending vacancies

Sajith Premadasa

Amidst a simmering row over the controversial move to have Deshabandu Tennakoon as the IGP at the time of crucial presidential election, Opposition Leader Sajith Premadasa alleged: “The Speaker sent a letter to the President, recommending the appointment of Deshabandu Tennakoon as IGP. He distorted the Constitutional Council ruling by interpreting the two abstaining votes of civil society members as votes against Deshabandu and used his casting vote to recommend Deshabandu as the Constitutional Council decision. It is on the basis of the Speaker’s letter that the President made the appointment. The Speaker has blatantly violated the Constitution

.”

Speculation is rife about a possible attempt by the ruling National People’s Power (NPP) to take control of the 10-member Constitutional Council (CC). The only way to take command of the CC is to appoint those willing to pursue the NPP agenda as civil society representatives.

Against the backdrop of the NPP’s failure to obtain CC’s approval to finalise the appointment of the Auditor General, the government seems hell-bent on taking control of it. Civil society representatives, namely Dr. Prathap Ramanujam, Dr. (Mrs.) Dilkushi Anula Wijesundere and Dr. (Mrs.) Weligama Vidana Arachchige Dinesha Samararatne, whose tenure is coming to an end in January, blocked President Anura Kumara Dissanayake’s nominee receiving the AG’s position. They took a courageous stand in the greater interest of the nation.

Chulantha Wickramaratne, who served as AG for a period of six years, retired in April 2025. Following his retirement, President Anura Kumara Dissanayake first nominated H.T.P. Chandana, an audit officer at the Ceylon Petroleum Corporation. The CC rejected the nomination. Subsequently, President Dissanayake appointed the next senior-most official at the National Audit Office (NAO) Dharmapala Gammanpila, as Acting Auditor General for six months. Then, the President nominated Senior Deputy Auditor General L.S.I. Jayarathne to serve in an acting capacity, but her nomination, too, was also rejected.

Many an eyebrow was raised when the President nominated O.R. Rajasinghe, the Internal Audit Director of the Sri Lanka Army, for the top post. As a result, the vital position remains vacant since 07 December. Obviously the overzealous President does not take ‘No’ for an answer when filling key independent positions with his minions

The Bar Association of Sri Lanka (BASL) in a letter dated 22 December, addressed to President Dissanayake, who is the leader of the NPP and the JVP, Prime Minister Dr. Harini Amarasuriya, Speaker Dr. Jagath Wickremaratne and Opposition Leader Sajith Premadasa emphasised their collective responsibility in ensuring transparency in the appointment of civil society representatives.

Cabinet spokesperson and Health and Media Minister, Dr. Nalinda Jayatissa, is on record as having emphasised the urgent need to finalise the appointment. Minister Jayatissa alleged, at the post-Cabinet media briefing, that the President’s nominations had been rejected without giving explanation by certain members, including three representatives of civil society.

Parliament, on 18 January, 2023, approved the former Ministry Secretary Dr. Ramanujam, former Chairperson of the Sri Lanka Medical Association Dr. Wijesundere, and Dr. Samararatne of the University of Colombo as civil society representatives to the CC.

They were the first post-Aragalaya civil society members of the CC. The current CC was introduced by the 21 Amendment to the Constitution which was endorsed on 31st of October, 2022, during a time of grave uncertainty. UNP leader Ranil Wickremesinghe, who had been elected by the SLPP to complete the remainder of ousted President Gotabaya Rajapaksa’s five-year term, sought to manipulate the CC. Wickremesinghe received the SLPP’s backing though they fell out later.

During Wickremesinghe’s tenure as the President, civil society representatives earned the wrath of the then Rajapaksa-Wickremesinghe government by refusing to back Deshabandu Tennakoon’s appointment as the IGP. The then Speaker Mahinda Yapa Abeywardena was accused of manipulating CC’s ruling in respect of Deshabandu Tennakoon to suit Wickremesinghe’s agenda.

Amidst a simmering row over the controversial move to have Deshabandu Tennakoon as the IGP, at the time of crucial presidential election, Opposition Leader Sajith Premadasa alleged: “The Speaker sent a letter to the President, recommending the appointment of Deshabandu Tennakoon as IGP. He distorted the Constitutional Council ruling by interpreting the two abstaining votes of civil society members as votes against Deshabandu and used his casting vote to recommend Deshabandu as the Constitutional Council decision. It is on the basis of the Speaker’s letter that the President made the appointment. The Speaker has blatantly violated the Constitution.”

The NPP realises the urgent need to neutralise the CC. The composition of the CC does not give the Opposition an opportunity to challenge the government if the next three civil society representatives succumb to political pressure. The Speaker is the Chairman of the CC. The present composition of the Constitutional Council is as follows: Speaker (Dr) Jagath Wickramaratne, ex-officio, PM (Dr) Harini Amarasuriya, ex-officio, Leader of the Opposition Sajith Premadasa, ex-officio, Bimal Rathnayake, Aboobucker Athambawa, Ajith P. Perera, Sivagnanam Shritharan, Dr Prathap Ramanujam, Dr Dilkushi Anula Wijesundere and Dr Dinesha Samararatne.

In terms of Article 41E of the Constitution, the CC meets at least twice every month, and may meet as often as may be necessary.

The failure on the part of the NPP to take over Office of the AG must have compelled them to explore ways and means of somehow bringing CC under its influence. The end of the current civil society members’ term, has given the government a chance to fill the vacancies with henchmen.

BASL’s letters that dealt with the appointment of civil society representatives to the CC and the failure to appoint AG, both dated 22 December, paint a bleak picture of the NPP that throughout the presidential and parliamentary polls last year assured the country of a system change. The NPP’s strategy in respect of filling the AG’s vacancy and possible bid to manipulate the CC through the appointment of civil society representatives reminds us of the despicable manipulations undertaken by previous governments.

An appeal to goverment

BASL seems convinced that the NPP would make an attempt to appoint its own to the CC. BASL has urged the government to consult civil society and professional bodies, including them, regarding the forthcoming vacancies in the CC. It would be interesting to examine the NPP’s strategy as civil society, too, would face daunting challenges in choosing representatives.

Civil society representatives are nominated by the Speaker by agreement of the Prime Minister and the Leader of the Opposition.

If consensus cannot be reached swiftly, it would cause further political turmoil at a time the country is experiencing an unexpected burden of dealing with the post-Cyclone Ditwah recovery process.

The term of non-ex-officio members of the Council is three years from the date of appointment. In terms of the Constitution, the civil society representatives should be persons of eminence and integrity who have distinguished themselves in public or professional life and who are not members of any political party. Their nominations should be approved by Parliament.

In spite of the NPP having an absolute 2/3 majority in Parliament, the ruling party is under pressure. The composition of the CC is a big headache for NPP leaders struggling to cope up with rising dissent over a spate of wrongdoings and a plethora of broken promises. The furore over the inordinate delay in finalising AG’s appointment has made matters worse, particularly against the backdrop of the BASL, Transparency International Sri Lanka Chapter and Committee on Public Finance, taking a common stand.

Having been part of the clandestine regime change project in 2022; Western powers and India cannot turn a blind eye to what is going on. Some Colombo-based foreign envoys believe that there is no alternative to the NPP and the government should be given the opportunity to proceed with its action plan. The uncompromising stand taken by the NPP with regard to the appointment of permanent AG has exposed the ruling party.

In the wake of ongoing controversy over the appointment of the AG, the NPP’s integrity and its much-touted vow to tackle waste, corruption, irregularities and mismanagement seems hollow.

The government bigwigs must realise that appointment of those who campaigned for the party at the presidential and parliamentary polls caused deterioration of public confidence. The appointment of ex-top cops Sharnie Abeysekera and Ravi Seneviratne with black marks as Director, CID and Secretary to the Ministry of Public Security and Parliamentary Affairs, eroded public confidence in the NPP administration.

A vital role for CC

The SLPP, reduced to just three lawmakers in the current Parliament, resented the CC. Having secured a near 2/3 majority in the House at the 2020 Parliamentary election, the SLPP made its move against the CC, in a strategy that was meant to strengthen President Gotabaya Rajapaksa’s hands at the expense of Parliament. Introduced in 2001 during Chandrika Bandaranaike Kumaratunga’s presidency, the 17th Amendment paved the way for the establishment of the CC. Those who wielded political power subjected the CC to critical changes through 18th, 19th and 20th amendments. Of them, perhaps, the 20th Amendment to the Constitution that had been passed in October 2020 is the worst. The SLPP replaced the CC with a Parliamentary Council. That project was meant to consolidate power in the Executive President, thereby allowing the appointment of key officials, like judges, the Attorney General, and heads of independent commissions.

People may have now forgotten the 20th Amendment removed civil society representatives from the so-called Parliamentary Council consisting of lawmakers who represented the interests of the government and the main Opposition. But such manipulations failed to neutralise the challenge (read Aragalaya) backed by external powers. The role played by the US and India in that project has been established and there cannot be any dispute over their intervention that forced Gotabaya Rajapaksa to flee the country.

Interestingly, Ranil Wickremesinghe, who had been picked by the SLPP to complete the remainder of Gotabaya Rajapaksa’s term, restored the CC through the passage of 21 Amendment on 31 October, 2022. Unfortunately, the NPP now wants to manipulate the CC by packing it with those willing to abide by its agenda.

It would be pertinent to mention that the 20th Amendment was aimed at neutralising dissent at any level. Those who formulated that piece of legislation went to the extent of proposing that the President could sack members appointed to the Parliamentary Council by the Prime Minister and the Opposition Leader without consulting anyone.

If not for the Aragalaya, the Parliamentary Council that didn’t serve any meaningful purpose could have paved the way for the President to fill all key positions with his nominees.

Recommendation of nominations to the President for the appointment of Chairpersons and Members of Commissions specified in the Schedule to Article 41B of the Constitution.

Commissions specified in the Schedule to Article 41B: The Election Commission, the Public Service Commission, the National Police Commission, the Audit Service Commission, the Human Rights Commission of Sri Lanka, the Commission to Investigate Allegations of Bribery or Corruption, the Finance Commission, the Delimitation Commission and the National Procurement Commission.

Approval/ Disapproval of recommendations by the President for the appointment to the Offices specified in the Schedule to Article 41C of the Constitution.

Offices specified in the Schedule to Article 41C: The Chief Justice and the Judges of the Supreme Court, the President and the Judges of the Court of Appeal, the Members of the Judicial Service Commission, other than the Chairman, the Attorney-General, the Governor of the Central Bank of Sri Lanka, the Auditor-General, the Inspector-General of Police, the Parliamentary Commissioner for Administration (Ombudsman) and the Secretary-General of Parliament.

NPP under pressure

In spite of having the executive presidency, a 2/3 majority in the legislature, and the bulk of Local Government authorities under its control, the NPP is under pressure. Their failure to muster sufficient support among the members of the Colombo Municipal Council (CMC) to pass its 2026 Budget underscored the gravity of the developing situation. The unexpected loss suffered at the CMC shook the ruling party.

But, the NPP faces a far bigger challenge in filling the AG’s vacancy as well as the new composition of the CC. If the NPP succeeds with its efforts to replace the current civil society representatives with rubber stamps, the ruling party may feel vindicated but such feelings are likely to be short-lived.

Having criticised the government over both contentious matters, the BASL may be forced to step up pressure on the government unless they can reach a consensus. It would be really interesting to know whether the government accepted the BASL’s request for consultations with the stakeholders. Unless consensus can be reached between the warring parties there is possibility of opening of a new front with the BASL and civil society being compelled to take a common stand against the government.

The developing scenario should be examined taking into consideration political parties and civil society confronting the government over the proposed Protection of the State from Terrorism Act (PSTA). Having promised to do away with the Prevention of Terrorism Act (PTA) in the run up to the presidential election, the NPP is trying to explain that it cannot do without anti-terrorism law. The civil society is deeply unhappy over the NPP’s change of heart.

The National Peace Council (NPP) that has been generally supportive and appreciative of the NPP’s efforts probably with the blessings of its benefactors in the West, too, has now found fault with the proposed PSTA. Dr. Jehan Perera, NPP’s Executive Director commented: “A preliminary review of the draft PSTA indicates that it retains core features of the PTA that have enabled serious abuse over decades. These include provisions permitting detention for up to two years without a person being charged before a court of law. In addition, the broad definition of terrorism under the draft law allows acts of dissent and civil disobedience to be labelled as terrorism, thereby permitting disproportionate and excessive responses by the state. Such provisions replicate the logic of the PTA rather than mark a clear break from it.”

Except the BASL, other professional bodies and political parties haven’t commented on the developing situation at the CC while taking into consideration the delay in appointing an AG. The issue at hand is whether the government intends to hold up AG’s appointment till the change of the CC’s composition in its favour. Whatever the specific reasons, a country that has suffered for want of accountability and transparency, enters 2026 without such an important person to guard against all types of financial shenanigans in the state.

All previous governments sought to influence the Office of the AG. The proposed establishment of NAO prompted the powers that be to undermine the effort. The Yahapalana administration diluted the National Audit Bill and what had been endorsed as National Audit Act, Nov. 19 of 2018 was definitely not the anti-corruption grouping originally proposed. That Act was amended this year but the Office of the AG remains vacant.

The NPP has caused itself immense harm by failing to reach consensus with the CC on filling the AG’s post. Unfortunately, the ruling party seems to be uninterested in addressing the issue expeditiously but is exploring the possibility of taking over control of the CC by stuffing it with civil society members favourable to the current ruling clique.

By Shamindra Ferdinando

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Midweek Review

Towards Decolonizing Social Sciences and Humanities

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‘Can Asians Think?’

want to initiate this essay with several questions. That is, are we, in Sri Lanka and in our region, intellectually subservient to what is often referred to as the ‘West’? Specifically, can knowledge production in broad disciplinary areas such as social sciences and humanities be more creative, original and generated in response to local conditions and histories, particularly when it comes to practices such as formulating philosophy and theory as well as concepts and approaches? Why have we so far imported these from Western Europe and North America as has been the undisputed norm?

In exploring the responses and delving into this discussion, I will seek reference from the politics of the recently published book, Decolonial Keywords: South Asian Thoughts and Attitudes edited by Renny Thomas from the Department of Humanities and Social Sciences at the Indian Institute of Science Education and Research – Bhopal and me. The book was brought out by Delhi-based Tulika Publishers in December 2025.

Let me first unpack my anxiety over theory and philosophy, which I have talked about many times previously too. Any social science or humanities text we read here or elsewhere in South Asia invariably borrows concepts, theories and philosophical input generated mostly in Western Europe and North America. It almost appears as if our region is incapable of serious and abstract thinking. It is in this same context, but specifically with reference to India that Prathama Banerjee, Aditya Nigam and Rakesh Pandey have observed in their critical essay, ‘The Work of Theory Thinking across Traditions’ (2016), that for many “theory appears as a ready-made body of philosophical thought, produced in the West …” They argue, “the more theory-inclined among us simply pick the latest theory off-the-shelf and ‘apply’ it to our context, notwithstanding its provincial European origin, for we believe that ‘theory’ is by definition universal.”

Here, Banerjee et al make two important points. That is, there is an almost universal acceptability in the region that ‘theory’ is a kind of philosophical work that is exclusively produced in the West, followed by an almost blind and unreflective readiness among many of us to simply apply these ideas to local contexts. In doing so, they fail to take into serious consideration the initial temporal and historical contexts in which these bodies of knowledge were generated. However, theory or philosophy is not universal.

This knowledge is contextually linked to very specific social, political and historical conditions that allowed such knowledge to emanate in the first place. It therefore stands to reason that such knowledge cannot be applied haphazardly/ willy-nilly anywhere in the world without grave consequences. Of course, some ideas can be of universal validity as long as they are carefully placed in context. But to perceive theory or philosophy as all-weather universals is patently false even though this is the way they are often understood from universities to segments within society in general. This naiveté is part of the legacy of colonialism from which these disciplines as well as much of their theoretical and philosophical structures have been bequeathed to us.

It is in this context that I would like to discuss the politics our book, Decolonial Keywords: South Asian Thoughts and Attitudes entail. Here, thirty South Asian scholars from across disciplines in social sciences and humanities have come together to “discuss words and ideas from a variety of regional languages, ranging from Sinhala to Hebrew Malayalam” encapsulating “the region’s languages and its vast cultural landscape, crossing national borders.” To be more specific, these languages include Assamese, Arabic-Malayalam, Bengali, Hebrew Malayalam, Hindi, Nepali, Sanskrit, Sinhala, South Asian uses of English, Tamil-Arabic, Tamil, Urdu and concepts from indigenous languages of Nagaland and Arunachal Pradesh.

Each chapter, focuses on a selected word and “reiterates specific attitudes, ways of seeing and methods of doing that are embedded in the historical and contemporary experiences of the region” keeping in mind “the contexts of their production and how their meanings might have changed at different historical moments.”

In this exploration, the volume attempts to understand “if these words and concepts can infuse a certain intellectual rigour into reinventing social sciences and humanities in the region and beyond.” In short, what we have attempted is to offer a point of departure to a comprehensive and culturally, linguistically and politically inclusive effort at theory-building and conceptual fine-tuning based on South Asian experiences and histories. We assume these concepts from our region might be able to speak to the world in the same way schools of thought in politically dominant regions of the world have done so far to us. This is a matter of decolonizing our disciplines. But it is still not a claim for universality. After all, our main focus is to come up with a body of conceptual categories that might be useful in reading the region.

When Sri Lankan social sciences and humanities as well as the same disciplines elsewhere in the region thoughtlessly embrace knowledges imported in conditions of unequal power relations, it can never produce forums for discourse from which we can speak to the world with authority. In this book, Thomas and I have attempted, as an initial and self-conscious effort, to flip the script on theory-building and conceptualization in social sciences and humanities in South Asia in the region’s favour.

We are however mindful that this effort has its risks, intellectually speaking. That is, we are conscious this effort must be undertaken without succumbing to crude and parochial forms of nativism that are also politically powerful in the region including in Sri Lanka and India. This book presents an array of possibilities if we are serious about decolonizing our social sciences and humanities to infuse power into the discourses we generate and take them to the world instead of celebrating our parochiality like the proverbial frog in the well. Unfortunately, more often than not, we are trained to be intellectually subservient, and mere followers, not innovators and leaders bringing to mind the polemical title of Kishore Mahbubani’s 2002 book, Can Asians Think?

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Midweek Review

The ever-changing river: Chandana Ruwan Jayanetti’s evolving poetic voice

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Poems from Galle , by Chandana Ruwan Jayanetti, was launched on December 20 at Dakshinapaya, the auditorium of the Chief Ministry of the Southern Provincial Council, Labuduwa, Galle. Head table at the launch (from left): author Jayanetti; Minister of Buddhasasana, Religious and Cultural Affairs Dr. Hiniduma Sunil Senevi; Emeritus Professor Rajiva Wijesinha; and renowned poet, lyricist, and literary figure Dr. Rathna Sri Wijesinghe.

It is said that no man steps into the same river twice, for it is not the same river, and he is not the same man. These words came to mind upon reading Chandana Ruwan Jayanetti’s latest poetry collection, Poems from Galle, which inevitably invites comparison with his earlier work, particularly his first volume of poetry and prose, Reflections in Loneliness: A Collection of Poems and Prose (2015).

In this new collection, Jayanetti is demonstrably not the same poet he was a decade ago. His horizons have widened. his subject matter has diversified, and his thematic range has deepened. The earlier hallmarks of his work, including his empathetic attention to human experience, sensitivity to the natural world, and intimate, reflective tone, remain present. Yet they are now complemented by a stronger defiance, a more deliberate engagement with the political and the cosmic, and a broader mosaic of local and universal concerns. His poetic voice has evolved in scope, tonal range, and thematic ambition.

My own acquaintance with Jayanetti’s poetry dates back to our undergraduate days at Sabaragamuwa University of Sri Lanka, where we were classmates pursuing a BA in Languages (English Special). Even then, his work revealed precise observational skill coupled with profound sympathy for individuals. This early sensibility found fuller articulation in Reflections in Loneliness, a collection spanning nearly two decades of creative endeavor.

That inaugural volume traversed a wide thematic landscape: childhood memories; tender compassion toward humans and animals; tributes to the deserving; the joys and sorrows of young love; and reflections on Sri Lanka’s three-decade Northeast conflict, which concluded in 2009. Jayanetti’s verse, written with sincerity and empathy, moves fluidly from deeply personal to universally human. Moments of striking poignancy include the loss of his wife’s mother, the death of a young friend who marched unflinchingly to the warfront, and the bittersweet parting from a lover.

The prose section of Reflections in Loneliness offered a return to the rural simplicity of the 1970s and ’80s through the perspective of a schoolboy. Essays such as We Buy a Bicycle, Television Descends, The Village Goes to the Fair, Bathing Excursions and Hingurakanda evoke a bygone era with unvarnished authenticity. As literary critic Kamala Wijeratne noted, Jayanetti’s prose merited commendation for its perceptive and affectionate portrayal of rural life, written with the authority of lived experience. His meticulous attention to minute details revealed not only the flaws and frailties of human nature but also its loyalties and quiet virtues, articulated with unforced sympathy.

Consisting of 31 poems and five prose pieces, Reflections in Loneliness established Jayanetti as a writer of elegance, precision, and emotional depth. The current collection, however, confirms the Heraclitean and Buddhist insights: both the poet and his poetry have changed. The new work reflects an expansion from the personal to the cosmic, from the intimately local to the globally resonant, a testament to an artist in motion, carried forward by the ever-changing current of his creative life.

Jayanetti’s poetic corpus in the new book Poems from Galle, spanning thirty-five evocative works from They Heard the Cock Crow to A Birthday Celebration, reveals a profound and consistent artistic signature rooted in themes of humanity, nature, history, and social consciousness. Throughout these poems, Jayanetti demonstrates a distinctive voice that is simultaneously empathetic, contemplative, and alert to the complexities of his Sri Lankan heritage and the broader human condition. While maintaining a core of thematic and tonal consistency, each poem enriches this foundation by expanding into new dimensions of experience, whether personal, ecological, political, or historical.

A foundational element of Jayanetti’s poetry is the intimate relationship between humans and nature, frequently underscored by a deep ethical awareness. In poems like From a Herdman’s Life and My Neighbor, he gives voice to the quiet dignity of rural existence and animal companionship, portraying a symbiotic bond imbued with mutual care and respect. Similarly, Fallen Elephant and Inhumanity lament the cruelty inflicted upon majestic creatures, indicting human greed and violence. These poems articulate not only empathy for the natural world but also an implicit call for stewardship, threading a moral sensibility throughout the collection.

This concern extends to the socio-political sphere, as Jayanetti often situates his poems within the fraught realities of Sri Lanka’s history and struggles. Homage to Sir Henry Pedris honors a national martyr, while Confession of a Sri Lankan Cop exposes institutional corruption and personal integrity in tension. Hanuma Wannama and Gone Are They tackle political violence and social upheaval, reflecting the poet’s engagement with national trauma and collective memory. These works enrich the thematic landscape by connecting personal narrative to larger historical forces.

Jayanetti’s choice of subjects is remarkably diverse yet unified by a focus on lived experience—ranging from the intimate (To a Puppy That Departed, Benji) to the grand (Mekong, A Voyage). The poet’s attention to place, whether the Sri Lankan cityscape in City Morning and Evening from the College Terrace or the historic Ode to Galle Fort, anchors his work in locality while evoking universal themes of time, change, and belonging. Even poems centered on seemingly mundane moments, such as Staff Meeting or A Game, are elevated by the poet’s keen observational eye and capacity to find meaning in everyday rituals.

Moreover, Jayanetti often draws from historical and cultural memory, as seen in Ludowyk Remembered, Let Ho Chi Minh Guide You, and Rathna Sri Remembered, positioning his poetry as a dialogue between past and present. This choice expands his thematic range to include legacy, identity, and the power of remembrance, linking the individual to the collective consciousness.

Across the collection, Jayanetti’s tone is marked by a blend of gentle empathy and quiet strength. Poems such as A Companion Departed and To a Puppy That Departed convey tenderness and mourning with understated poignancy. His voice is intimate and accessible, inviting readers into personal reflections suffused with emotional depth.

Yet, this empathy is balanced by moments of stark realism and defiance.

In Corona and Hanuma Wannama, the tone shifts to urgent and accusatory, critiquing social injustice and political decay. A Ship Weeps mourns environmental devastation with an elegiac voice that is both sorrowful and admonitory. This tonal range reveals a poet capable of both consolation and confrontation, who embraces complexity rather than sentimentality.

While many poems explore specific moments or relationships, others invite contemplation on broader existential and cosmic themes. For instance, A Voyage and Mekong traverse spatial and temporal boundaries, evoking the interplay between human journeys and natural cycles. A Birthday Celebration reflects on legacy, learning, and the continuum of knowledge, blending personal homage with universal insight.

Even poems like A Bond and A Game gesture toward symbolic resonance, the former exploring interspecies loyalty as a metaphor for fidelity and duty, the latter invoking sport as a microcosm of life’s challenges and hopes. These works demonstrate Jayanetti’s ability to expand familiar motifs into metaphoric and philosophical territory, enriching his poetic landscape.

Jayanetti’s thirty-five poems in Poems from Galle collectively reveal a consistent and compelling artistic signature that intertwines compassionate engagement with nature and society, a profound sense of place, and an acute awareness of history and memory. His voice navigates seamlessly between moments of intimate reflection and urgent social commentary, creating a poetic landscape that resonates with both specificity and universality.

Each poem adds a distinct dimension to this mosaic. Historical and political awareness emerges strongly in poems like Let Ho Chi Minh Guide You and Homage to Sir Henry Pedris, where the sacrifices of national heroes and struggles for justice are evoked with reverence and clarity. Meanwhile, environmental consciousness is vividly articulated in works such as Abandoned Chena, Kottawa Forest, and Fallen Elephant, where the fragility of ecosystems and the human impact on nature are poignantly explored.

Jayanetti also delves deeply into themes of personal loss and companionship in poems like Benji, A Companion Departed, and In Memory of Brownie, tenderly capturing the bond between humans and animals. Poems like Confession of a Sri Lankan Cop and Hanuma Wannama offer raw social critique, revealing layers of political and moral complexity.

Through this interplay of historical, environmental, personal, and political themes, Jayanetti constructs a body of work that is distinctly Sri Lankan in its cultural and geographical grounding yet profoundly universal in its exploration of human experience. His poetry invites readers to reflect on the interconnected fates of humans, animals, and the natural world, urging a deeper awareness of our shared existence and responsibilities.

by Saman Indrajith

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