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Apportioned Seats in Parliament and the “National List”

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by Prof. Savitri Goonesekere

The recent appointment of well known entrepreneur and businessman  Dhammika Perera to a seat in Parliament on the resignation of former minister Basil Rajapakse was challenged in several petitions in the Supreme Court. These petitions mainly  alleged a violation of the fundamental right to equality, nondiscrimination, and non arbitrary decision making in the filling of a vacancy created in regard to a seat in Parliament occupied (not through election,) but APPORTIONMENT  of seats, based on  the votes cast at a General election. This concept of apportionment of 29 of the total number of  seats in the electoral  system of proportional representation was introduced into the Constitution’s provisions governing elections and the Peoples’ franchise, by the 14th Amendment to the Constitution in 1988.

The appointment of Mr. Perera to Parliament on an apportioned seat, in the midst of an unprecedented and grave political and economic crisis generated public controversy. Some considered his appointment a welcome effort to bring entrepreneurial experience  into government at this time. Others viewed the appointment negatively and challenged its validity in these petitions in the Supreme Court. Mr. Basil Rajapaksa’s appointment had not been challenged in this manner. Field Marshal Sarath Fonseka had also held an apportioned seat, which had been challenged unsuccessfully in Centre for Policy Alternatives (CPA) v. Kabir Hashim in SC Appl. 54/2016. The possibility of bringing experts into Parliament through the apportioned seat process on the national list has been discussed even recently as a useful response to the current crisis.

The current petitions are of public concern, as they raised an important issue on the People’s right to franchise, and the meaning of  Constitutional and legal regulations applicable to apportionment of seats in Parliament, on the basis of the Peoples’ exercise of their voting rights. The case was an opportunity to clarify  the law and practice  on this important topic relating to the franchise, as well as the eligibility of  persons to occupy 29 apportioned seats in Parliament.

The petitions in the Dhammika Perera case were dismissed by the Supreme Court, at the preliminary procedural  stage of granting leave to proceed with the litigation. No reasons were given for the decision, though the court heard arguments of Counsel  in support of and in opposition to the petition. However the Court clarified that the refusal of leave to proceed was a split decision, with one dissent in a bench of three judges. Since no reasons were given, the approach of the majority and the dissenting judge   to the legal issues raised by Counsel  in regard to appointments to apportioned seats in Parliament, remains unknown to the public.

The decision of the court not to write a judgment and give reasons for refusing leave  after hearing Counsel in the Dhammika Perera case at this preliminary procedural stage, follows the practice of the Court in  exercising the discretion given in Article 126 (2) of the Constitution. The right to obtain relief for  violation of a fundamental right is a  right guaranteed by Article 17 and Articles 126 (2) and  (4). The Supreme Court has been given a discretion by Article 126 (2) to decide whether it will grant leave to proceed with the application for relief and remedy for alleged violations of fundamental rights. This follows a tradition in Common law jurisdictions to ensure that courts are not overburdened in litigation, also reflecting a policy approach on  avoiding  unnecessary costs of litigation. Yet there is also jurisprudence in the Supreme Court indicating a different approach to the granting of leave to proceed.

In the Shirani Bandaranyake Appointment to the Supreme Court Case (1997 1 SLR 92 ) the Chief Justice decided that the case raised an important issue of “general and  public importance” and referred the applications to a bench of seven judges. Justice Mark Fernando speaking for the court said that “having regard to the complexity and gravity of the questions involved, Counsel for both the petitioners and respondents were heard in support of and opposition to the petitions.” (p 93). Justice  Fernando and Justice Perera wrote separate judgments, in a unanimous decision of the Court to refuse leave to proceed, creating important jurisprudence on this subject.

If this approach articulated by Justice Mark Fernando guides the Supreme  Court, and is clarified in Rules of the Supreme Court, petitioners and the public will know the basis on which the Supreme  Court refuses leave to proceed with a Fundamental Rights Application, relating to an important issue of public concern. The issue of apportionment of seats in Parliament is an issue of public concern to voters, just  as appointments to high public office, as  in the Shirani Bandaranayaka case also raised issues of public concern. Giving reasons can only enhance the stature of the court as an indispensable institution in the administration of justice in a Constitution that perceives the courts as exercising the “judicial power of the People” [Article 4 (c)]. This was also referred to in the judgment of the Supreme Court in the Dissolution of Parliament case (2018.) Citing an American case, Baker v Car (1962), His Lordship HNJ Perera CJ said “the court’s authority possessed of neither purse nor sword ultimately rests on sustained public confidence.”(Sampanthan v AG (2018) p 69).

The unresolved constitutional issue of   appointments to Parliament on apportionment, and the National List.

Article 99A introduced by the 14th Amendment is very clear on the persons eligible to occupy apportioned seats after a general election. The meaning of this Article, in the context of the statute law also regulating elections i.e. the Parliamentary Election Act  No.  1 of 1981 was the crux of the case argued by Counsel for the petitioners in the Dhammika Perera case. Geoffrey Alagaratnam  PC former President of the Bar Association and other eminent lawyers  who supported the petitions drew attention to  the need to  clarify the law on this important issue of public concern, because of a seeming conflict between the Constitutional provision (Article 99A) and Section 64 (5) of the Parliamentary Elections  Act (1981).

Article 99A of the Constitution clearly states that persons allocated apportioned seats in Parliament based on the votes cast at a general election must be persons eligible to be MPs,  whose name appears on a list submitted within the period of nominations, to the Commissioner of Elections. This list is now popularly known as the “National List,” from which  a person may be nominated  to hold  a seat on the basis of apportionment and votes cast at the general elections. Article 99A also includes another category of persons who can hold such a seat. This is a person whose name is on an electoral list. Article 99A does not indicate that there is any other requirement of eligibility. It is therefore clear from Article 99A of the Constitution that both defeated candidates and persons on the National List are eligible to occupy apportioned seats.

The issue of defeated candidates occupying these seats is therefore an ethical rather than a legal or Constitutional issue. Consequently Mr. Ranil Wickremesinghe is lawfully occupying the seat apportioned to the UNP, though he was defeated at the General  Elections (2019) and also publicly stated that candidates defeated at a General election should not occupy seats apportioned to the party. However Article 99A as argued by Counsel in the Dhammika Perera case does  not permit persons who are NOT on the National list submitted at the time of nominations, to be allocated apportioned seats in Parliament. The procedure set out in Article 99A is for the Commissioner of Elections to request a Secretary of a party to nominate persons to fill an apportioned seat. The language of 99A does not enable persons outside these categories to be considered eligible to hold these apportioned seats.

The popular idea that a party in Parliament, particularly at this time of a national crisis, can bring to Parliament professionals and others with special expertise, does not conform to the eligibility criterion set out in Article 99A. Therefore, persons who occupied these apportioned seats, whether Basil Rajapaksa or Sarath Fonseka also did not satisfy the Constitutional provision on eligibility to fill an apportioned seat. Article 99A seems to have been ignored in discussions on appointments to Parliament on the national list.

It is also clear that this Article 99A in the Constitution casts a duty and responsibility upon the Commissioner of Elections and the Secretary of a Political Party who nominates a person to an apportioned seat to abide by Article 99A. The Commissioner is a public servant, and he can be sued in a fundamental rights violation case relevant to wrongful allocation of an apportioned seat. The Secretary of a Political party is a Non-State actor but becomes liable for a wrong decision since our courts connect him to the inaction of the State or government agency in ensuring conformity to the Constitution. (Faiz  v. AG (1995 1 SL 372).

The PROVISIONS in the Parliamentary Elections Act 1 of 1981 on VACANCIES to one of the 29 APPORTIONED seats in Parliament

The Parliamentary Elections Act (1981) Section 64 was amended consequent to the 14th Amendment in 1988. This provision in the principal enactment of 1981 dealt with filling of vacancies in seats in Parliament. When the 14th Amendment provided in Article 99A for a National list, and apportionment of seats,  a new provision Section 64 (5) was introduced  into  the principal legislation, the   Parliamentary Elections Act, to cover the procedure for filling  vacancies to these apportioned  seats.    Section 64 (5) enacted by an amendment of 1988, i.e. the same year as the 14th Amendment, uses the words “Notwithstanding anything in the previous provisions” (ie on vacancies in regard to ordinary seats in the principle enactment of 1981), and sets out a PROCEDURE  for filling vacancies in the special APPORTIONED seats created by Article 99A of the 14th Amendment. This 1988 provision Section 64 (5) added to  the Parliamentary Elections Act indicates that in the case of persons occupying these apportioned  seats, a vacancy is filled by “the Secretary General of Parliament informing the Commissioner of Elections who then requires the Secretary of the Party or leader of the relevant  independent group apportioned a seat to nominate a member of such party ” to fill the vacancy. It is this language on PROCEDURE in filling vacancies to apportioned seats,  that  is now being used to argue that the Secretary of a party or leader of an independent group has complete discretion to appoint a person of his/ her choice to fill a vacancy.

Our Constitution has  a controversial Article 16 (1)  that has been consistently criticized, which  does not permit judicial review of legislation once it is enacted by Parliament. Even in jurisdictions like  India,  South Africa and Canada, that permit judicial review of legislation for non-conformity with the Constitution, there is a legal concept of “Presumption of Constitutionality of legislation” and “reading down” legislation in order to follow a “purposive” interpretation that seeks to harmonize the basic law of the land, a country’s Constitution and legislation enacted by Parliament.

In Sri Lanka in the in the cases AG v Sampath SC Appeal 17/2013 and SC Ref 3/2008 the Supreme Court refused to follow a provision in the amended Penal Code of 1995 that provided for minimum sentences on the ground that the legislation could not be interpreted as restricting the judicial discretion of the Courts. Both these judgments  held that the power of interpretation of law is embedded in the judicial power recognized in Art 4 (c) of the Constitution. This could not be restricted by ordinary law (in this case the amended Penal Code) since the Constitution is the Supreme Law. While this decision may be critiqued as in conflict with the restricted power of post enactment judicial review of legislation  in our Constitution, the decisions indicate that there is a rationale for interpretations that seek to give predominance to the Constitution as the basic law of the land.

As Mr. Alagaratnam PC and other Counsel for the petitioners argued in the Dhammika Perera case, interpreting section 64 (5) of the Elections Act as giving an absolute discretion to the Secretary of a Party or the leader of an independent group apportioned a seat, to fill a vacancy in  that seat, means that he/she  can ignore completely the criterion on eligibility  for apportioned seats, so clearly set out in the 14th  Amendment, when it introduced a concept of apportioning 29  seats. This is surely a situation where an interpretation must be adopted that recognizes rather  than undermines the  significance of  basic  Constitutional provisions on eligibility to occupy a seat in the legislature.

In CPA vs Kabir Hashim,  Sripavan CJ  delivered a short judgment, when  refusing leave to proceed in a petition challenging the nomination  of  Sarath Fonseka to a vacancy in an apportioned seat. His Lordship held that the issue of filling vacancies was not considered in Article 99A of the Constitution (on apportioned seats). This was regulated by the procedures detailed in Section 64 (5) of the Parliamentary Elections Act which, His Lordship said, gave a discretion to the secretary of the party or the leader of an independent group to nominate the person to fill a vacancy in an apportioned seat. His Lordship did not, with respect, address the substantive requirements for  eligibility to occupy an apportioned seat, that were set out in Article 99A, when the 14th Amendment to the Constitution created this new category of seats in our Parliament. His Lordship’s opinion also takes a different approach to ordinary law vis- a-vis the Constitution as the “supreme law of the land,” in the cases referred to earlier.

It is with respect difficult to consider the decision in CPA v. Kabir Hashim as a judicial precedent that binds the Supreme Court, and prevents the matter being considered again in light of the specific language in Article 99A of the Constitution on eligibility to occupy an apportioned seat in Parliament. The Supreme Court has not followed a strict approach to the concept of “stare decisis” or binding precedent in a context where the structure of our courts has changed through  both  statutes   and post independence Constitutions. The capacity of a superior court to contribute to development of the law without being fettered by previous decisions is reflected in important decisions of judges like Basnayaka CJ in Bandahamy v. Senanayake (1960) 62 NLR 313 and Wanasundere J in Walker Sons v Gunathilleke (1978- 19801 SLR 231.

Conclusion

It is in the public interest that the meaning of Article 99A and the policy on apportioning 29 seats in Parliament is clarified and addressed in any further amendments to the Constitution. Giving a complete discretion to a non-State official like a Party Secretary to choose persons entitled to fill vacancies in apportioned seats based on electoral votes, undermines voting rights. There is also the public interest in having persons qualified to occupy these apportioned seats being nominated initially,  or in  filling vacancies that are created later. More specific criterion of eligibility to take apportioned seats will also address the public interest in bringing a diverse range of experience to the legislature of the country through the National list. Such an amendment should also clearly make defeated candidates not eligible to occupy such seats.

The Dhammika Perera case raises once again an issue of public concern in regard to filling vacancies in the 29 apportioned seats in Parliament, either through the national or electoral list. Clarifying the law can be done without delay through the contemplated current Constitutional reforms. If this is not done, it seems important for the Chief Justice to appoint at least a Divisional Bench to provide a clear interpretation of Article 99A of the Constitution or point to the important need for clarity on this matter through a Constitutional amendment.

Litigation in the courts and ground realities indicate that there are many important unresolved issues that require constitutional reform. Even within the current Presidential system, the cumbersome procedure for impeachment of a President and also judges of the Supreme Court, and appointments on the National List, clearly require significant review and reform. And yet, ad hoc constitutional reform efforts like the 19th Amendment, 20th Amendment and the proposed 21st Amendment, seem to ignore public concern for reforms in these important areas. There should be public advocacy to ensure that all these areas are addressed immediately in the current constitutional reform process.



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Race hate and the need to re-visit the ‘Clash of Civilizations’

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Australian Prime Minister Anthony Albanese: ‘No to race hate’

Australian Prime Minister Anthony Albanese has done very well to speak-up against and outlaw race hate in the immediate aftermath of the recent cold-blooded gunning down of several civilians on Australia’s Bondi Beach. The perpetrators of the violence are believed to be ardent practitioners of religious and race hate and it is commendable that the Australian authorities have lost no time in clearly and unambiguously stating their opposition to the dastardly crimes in question.

The Australian Prime Minister is on record as stating in this connection: ‘ New laws will target those who spread hate, division and radicalization. The Home Affairs Minister will also be given new powers to cancel or refuse visas for those who spread hate and a new taskforce will be set up to ensure the education system prevents, tackles and properly responds to antisemitism.’

It is this promptness and single-mindedness to defeat race hate and other forms identity-based animosities that are expected of democratic governments in particular world wide. For example, is Sri Lanka’s NPP government willing to follow the Australian example? To put the record straight, no past governments of Sri Lanka initiated concrete measures to stamp out the evil of race hate as well but the present Sri Lankan government which has pledged to end ethnic animosities needs to think and act vastly differently. Democratic and progressive opinion in Sri Lanka is waiting expectantly for the NPP government’ s positive response; ideally based on the Australian precedent to end race hate.

Meanwhile, it is apt to remember that inasmuch as those forces of terrorism that target white communities world wide need to be put down their counterpart forces among extremist whites need to be defeated as well. There could be no double standards on this divisive question of quashing race and religious hate, among democratic governments.

The question is invariably bound up with the matter of expeditiously and swiftly advancing democratic development in divided societies. To the extent to which a body politic is genuinely democratized, to the same degree would identity based animosities be effectively managed and even resolved once and for all. To the extent to which a society is deprived of democratic governance, correctly understood, to the same extent would it experience unmanageable identity-bred violence.

This has been Sri Lanka’s situation and generally it could be stated that it is to the degree to which Sri Lankan citizens are genuinely constitutionally empowered that the issue of race hate in their midst would prove manageable. Accordingly, democratic development is the pressing need.

While the dramatic blood-letting on Bondi Beach ought to have driven home to observers and commentators of world politics that the international community is yet to make any concrete progress in the direction of laying the basis for an end to identity-based extremism, the event should also impress on all concerned quarters that continued failure to address the matters at hand could prove fatal. The fact of the matter is that identity-based extremism is very much alive and well and that it could strike devastatingly at a time and place of its choosing.

It is yet premature for the commentator to agree with US political scientist Samuel P. Huntingdon that a ‘Clash of Civilizations’ is upon the world but events such as the Bondi Beach terror and the continuing abduction of scores of school girls by IS-related outfits, for instance, in Northern Africa are concrete evidence of the continuing pervasive presence of identity-based extremism in the global South.

As a matter of great interest it needs mentioning that the crumbling of the Cold War in the West in the early nineties of the last century and the explosive emergence of identity-based violence world wide around that time essentially impelled Huntingdon to propound the hypothesis that the world was seeing the emergence of a ‘Clash of Civilizations’. Basically, the latter phrase implied that the Cold War was replaced by a West versus militant religious fundamentalism division or polarity world wide. Instead of the USSR and its satellites, the West, led by the US, had to now do battle with religion and race-based militant extremism, particularly ‘Islamic fundamentalist violence’ .

Things, of course, came to a head in this regard when the 9/11 calamity centred in New York occurred. The event seemed to be startling proof that the world was indeed faced with a ‘Clash of Civilizations’ that was not easily resolvable. It was a case of ‘Islamic militant fundamentalism’ facing the great bulwark, so to speak, of ‘ Western Civilization’ epitomized by the US and leaving it almost helpless.

However, it was too early to write off the US’ capability to respond, although it did not do so by the best means. Instead, it replied with military interventions, for example, in Iraq and Afghanistan, which moves have only earned for the religious fundamentalists more and more recruits.

Yet, it is too early to speak in terms of a ‘Clash of Civilizations’. Such a phenomenon could be spoken of if only the entirety of the Islamic world took up arms against the West. Clearly, this is not so because the majority of the adherents of Islam are peaceably inclined and want to coexist harmoniously with the rest of the world.

However, it is not too late for the US to stop religious fundamentalism in its tracks. It, for instance, could implement concrete measures to end the blood-letting in the Middle East. Of the first importance is to end the suffering of the Palestinians by keeping a tight leash on the Israeli Right and by making good its boast of rebuilding the Gaza swiftly.

Besides, the US needs to make it a priority aim to foster democratic development worldwide in collaboration with the rest of the West. Military expenditure and the arms race should be considered of secondary importance and the process of distributing development assistance in the South brought to the forefront of its global development agenda, if there is one.

If the fire-breathing religious demagogue’s influence is to be blunted worldwide, then, it is development, understood to mean equitable growth, that needs to be fostered and consolidated by the democratic world. In other words, the priority ought to be the empowerment of individuals and communities. Nothing short of the latter measures would help in ushering a more peaceful world.

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The perennial challenge of peace-keeping and reconciliation

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Christmas

Peace on Earth to all people of good-will is the perennial and the pristine song of Joy and hope aired in every nook and corner during every Christmas season commemorating the Birth of Jesus Christ, the Prince of Peace. In his own day, Jesus of Nazareth was himself a wonderful instrument of peace and reconciliation in his own homeland of Palestine. He was open to all classes of people, whatever their ethnicity, race, language or social class with preference particularly to the sectors of the poor among these social strata. He would freely crisscross the various regions of Palestine which at that time was tri-partite: Galilee in the north with its fishing villages, lakes graced with wonderful beaches and imposing ranges of hills and valleys; Samaria in the middle and Judea in the deep south which located the religious centers of Judaism with its magnificent temple and also housed the State buildings of the Roman prefectures.

Liberation from Oppression

Entire Palestine was colonized with Caesar sitting in Rome his capital and having his legates governing the local provinces. People too were living in the expectation of a Messiah who would fight the colonial power and thus bring liberation to their oppressed motherland. There was a strongly prevalent messianic current of hope circulating and the longing for the day and the appearance of the Messiah, the liberator. Though inundated by Roman paganism and constantly under the threat of foreign invasion, the people kept to their traditional religious beliefs with their festivals, pilgrimages, rituals and rites and laws.

Unfortunately, there was a historic breach with the breakaway of the Samaritans from the Jews, both claiming to be authentic descendants of their earliest patriarchs. They had different holy centers of worship. Jews considered the Samaritans a hybrid race enabled by the inter-marriages encouraged by the invading Assyrian foreigners (721 BC) with the local population that were not deported by the invaders. It was a historic schism that had very sad socio-cultural, religious and political repercussions. As time went by, this enmity had created many tensions and had percolated into many other serious issues that caused estrangement within the country. The story of the Good Samaritan who came to the rescue of the Jew fallen among the robbers along the road to Jericho and the sole leper who returned to thank Jesus following his healing and who happened to be a Samaritan are gospel incidents that strived to heal this division and bring reconciliation among the two dissenting groups. Creating confusion among the general public was also the fact of the misunderstanding of the mission of the Messiah wholly thought of as a purely political liberation which was only a partial truth.

The homeland of Jesus was desperately in need of a profound spiritual and religious revolution. There had to be a more humane understanding of the Law of Moses, the great code of the national ethic and putting relationships in their correct perspective despite the fact that the land was surrounded on all sides with kingdoms and ruling monarchs who were pagan and the worship of idols was rampant. People treasured their religious and cultural traditions and were in great fear of them being lost when invading foreigners threatened their sovereignty and even territorial integrity. Their very land was sacred for it was the land of their God and therefore defended against any foreign pagan aggression. In fact, there had been often and on many insurrectionist movements rebelling against the Roman colonial rule that were summarily crushed.

Religion at the service of Freedom & Liberation

Jesus Christ saw the need of introducing a new spirituality based on a new ethic to restore the religious sensibilities of Israel. From the mountain he taught the classical sermon on the Beatitudes which declared the poor as blessed and those who suffered persecution for the sake of justice and righteousness as blessed too. It would be the meek who will inherit the earth and those who are merciful would be the true children of God. Pharisaical spirit of religion that is subservient to the letter of the Law that kills and false religiosity limited purely to rites and rituals were to be empty of meaning. Love of God to be total had to be matched with the love for the neighbor. Even enemies were to be loved without conditions. Self-righteousness had no place in the spirituality he propounded. People have to be fed both with spiritual food of truth as well as material nourishment to feed their hunger as he multiplied fish and loaves in the Galilean mountains to cater to the thousands who had flocked to hear him and sought blessings of healing and solace. Many were stunned wondering how the son of a carpenter could have such wisdom and powers even over demons who rattled at his presence. Simple jealousy, unfounded fear and a great amount of misunderstanding and suspicion finally caved in from his enemies, the religious authorities of Jerusalem and the Roman governor that led to that shamefully blatant and unjust condemnation ever recorded in legal history: the crucifixion of Jesus of Nazareth, King of the Jews.

In some ways the celebration of Christmas, which is the commemoration of the birth of Jesus Christ is being caricatured with commercialism and mere external fanfare with décor and illuminations. The deeper truth is that we are celebrating a spiritual event that was decisive in history: God entering the world in the real physical and bodily appearance of a human being. He made humanity make its peace with God and brought enlightenment about the mystery of life and death declaring the importance of love and respect of others in neighborly love and forgiveness. Like an industrious fisherman he cast his net into the deep and distant waters for an abundance of harvest that would bring civilization itself a mighty haul of blessings. Christianity is very much alive in its two millennia history cutting across cultures and civilizations witnessing to the belief in God and the dignity of man who has an eternal destiny. This religion is pro-life in all dimensions: safety of the unborn, the sacredness and inviolability of every life, the sanctity of marriage, life-beyond death, no violence of any kind, no wars, no nuclear weapons, no arms race or unwarranted ethnic or racial superiority, no danger to sovereignty of nations and their territorial integrity and safe haven for refugees and migrants of every hue.

It is in some of these very difficult issues that peace-keeping and work of reconciliation are becoming global priorities. Science and technology alone are no saviors of humanity embattled as it is in problems that appear to be very dramatic and far extensive. In no way should human beings become victims of their own creations however impressive they may be. Humanity must be the center of our global concerns and innovations with everything serving it towards a better quality of life. A Human being must never be instrumentalized in dehumanizing experiments. On the contrary, he must be served in all things so that his unique place in creation may not be displaced and continue to be the final point of reference in all world’s undertakings and ventures. To this must all regional and international bodies commit themselves in earnest. Christianity considers Jesus Christ the Lord to be the goal of human history, the focal point of the longings of history and of civilization, the center of the human race, the joy of every heart and the answer to all its yearnings as the great Vatican II Council document put it (Gaudium et Spes 45) while the joys and the hopes, the griefs and the anxieties of the men of this age, especially those who are poor or in any way afflicted, these are the joys and hopes, the griefs and anxieties of the followers of Christ. Indeed, nothing genuinely human fails to raise an echo in their hearts (Gaud. et Spes 1).

Christianity & Secularity

It is this spirit of Jesus Christ that impels Christianity to be closely involved in the world society’s journey which registers the triumphs and failures of history. Wherever it has gone, it has opened hospitals for healing the sick, schools for education and other charitable institutions thus playing the role of the Good Samaritan in keeping the fires of charity and compassion alive in a society always prone to various kinds of natural disasters and human conflicts that bring misery and suffering. Christianity favors an economic system that is neither radically socialist nor downright capitalistic and holds primacy of labor over capital, thus taking a clear anti-Marxist stand in this ever important socio-political issue. The dignity and working conditions of the worker with the issue of a living wage, pension benefits, sharing of profits, private enterprise are considered important human issues to be dealt with within the parameters of social justice and labour rights. Democratic principles are preeminently Christian in outlook empowering people to make the needed political options in constructing a system of governance and rule that benefits the common and the greater good. Christianity wishes its voice to be heard in international fora and in contexts in which important decisions affecting people globally are made.

If the spirit of Christmas is to endure beyond its usual annual celebration, the challenges of the Christmas event must be faced and due response to its newer questions met with courage and hope. In the concrete, they are the peace among nations, inter-religious harmony, war against terror and fundamentalisms, economies without disparities and respect for human rights as well as basic freedoms. These are all elements for reconciliation and building-blocks for peace-keeping. Military superiority and economic imperialism are the most satanic forms of modern paganism that plague our world creating so much suspicion, instability and tensions. More spirit of listening, dialogue and understanding are in demand for a stable world and a new form of warm humanism. In emulation of Jesus Christ the eminent peace-maker and reconciler, it behoves that all those who claim to be peace-makers and agents of reconciliation pursue the same mission. Thus, the spirit of Christmas is preserved ever alive.

by Rev. Fr. Leopold Ratnasekera OMI
Ph.D., Th.D.

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So this is Christmas …

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The world over, Christmas is being celebrated today. However, in our part of the world, Christmas, and the lead up to the New Year, will be observed on a sombre note.

With this in mind, I wish my readers a Blessed Christmas and let’s hope 2026 will be a good one … without any fear.

Several known personalities also send their greetings and best wishes to The Island readers:

*  Noshin De Silva (Actress):

Happy Holidays to everyone across our beautiful island! As we move toward the end of the year, my heart goes out to all communities affected by the recent floods and severe weather. In these challenging weeks, we have also witnessed the true spirit of Sri Lanka through the humility, compassion, and unity of people coming together to support one another. May this season bring comfort to those rebuilding, gratitude to those giving, and hope to us all. Wishing everyone Peace, Healing, Great Health, and a very Happy New Year!

*  Melloney Dassanayaka (Miss Universe Sri Lanka 2024):

As we celebrate the blessings of Christmas and step with hope into a brand-new year, I am reminded of the strength, resilience, and spirit that define us as Sri Lankans. This festive season invites us to reflect, to appreciate what we have, and to look ahead with courage.

Be positive and embrace every opportunity that comes your way. Be smart, be brave, and work hard for yourself, because your future is shaped by the determination you carry within.

May this Christmas fill your hearts with peace and joy, and may the New Year bring you endless possibilities, renewed strength, and the confidence to pursue every dream.

Wishing you a Blessed Christmas and a Bright, Prosperous New Year!

With love and warm wishes.

*  Raffealla Fernando (Photographer/Designer):

Wishing you a beautiful, light-filled Christmas and a New Year overflowing with inspiration.

As a photographer and designer, I’m constantly searching for the moments, colours, and stories. that make life extraordinary and this season always reminds me how much beauty there is in the simple things: warm laughter, shared memories, and the quiet magic of togetherness.

Thank you for being part of my creative journey this year.

May your holidays be filled with genuine joy, and may 2026 bring you new adventures, brighter light, and endless reasons to smile.

This season, I’m also wishing for something close to my heart: for Sri Lanka to rise up bigger, better, and stronger. Nothing more to ask for than peace in these turbulent hearts, peace of mind for every soul, and the strength to rebuild our country in the coming year.

Merry Christmas, and a Vibrant, Inspiring New Year.

*  Andrea Marr (Singer – Australia):

Wishing you all a Blessed Christmas and a Joyful New Year. May the message of Christmas remain in your hearts and give you peace.

*  AROH (Music group):

We thank you for sharing your year with us, for every lyric sung, every rhythm embraced, and every stage shared. Your incredible support fuels our passion and continues to inspire the music we create.

Although the past few weeks have seen heaps of problems cropping up, may your Christmas be filled with Joy, Peace, and the beautiful harmony of family and friends.

Also, may the New Year bring you prosperity, health, and a score of exciting new possibilities.

We look forward to connecting with you through music in the coming year, as well.

*  Melantha Perera (Singer):

Music heals the soul, and sharing its gift this season fills our hearts with joy.

May our melodies spread love to every soul, making our Creator smile as we celebrate His birth.

Wishing you all a Merry Christmas and a New Year in perfect harmony!

*  Natasha Rathnayake (Singer):

As we close another year and step into a new one, may this season remind us of what truly matters — kindness, connection, and love for all living beings.

Let’s carry forward the lessons, the healing, and the gratitude we’ve gathered, and step into 2026 with open hearts, courage, and compassion.

Wishing you and your loved ones a Christmas filled with blessings and joy, and a New Year that inspires clarity, creativity, and love in all that you do.

With love, and abundance of blessings!

God bless.

AROH

*  Sohan Weerasinghe (Singer):

Yes, Christmas is back and 2026 is around the corner. It’s time once again to convey my good wishes and also to remind myself to be careful of my waistline as I have a weakness for goodies, especially Christmas cake!

Have a fabulous Christmas and New Year and you also must do your utmost to help the needy people around you, especially those affected by the disaster that took us all by surprise; give till it hurts!

*  JJ Twins (Duo):

As the magic of Christmas fills the air and a brand-new year approaches, we extend our heartfelt thanks to our wonderful community for your continued support. May this festive season bring you joy, peace, and time spent with those you cherish.

We also take this moment to warmly wish Ivan Alvis a Merry Christmas and a Prosperous New Year filled with success and happiness.

Jesus bless you all, and may you have a Christ-filled Christmas and New Year!

Wishing everyone a Merry Christmas and a Bright, Successful New Year!

*  SEVEN NOTES (Music group – Dubai):

SEVEN NOTES

As we celebrate the joy of Christmas and welcome the dawn of a brand-new year, we extend our heartfelt wishes to the readers and the dedicated team of The Island newspaper.

May this festive season bring peace, love, and harmony into your homes, and may the New Year 2026 be filled with success, good health, and new opportunities.

Thank you for inspiring communities across the globe with trusted journalism and unwavering service.

Wishing you a Merry Christmas and a Prosperous New Year 2026.

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