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Editorial

Bad laws a threat to democracy

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Thursday 17th July, 2025

The Court of Appeal (CA) has dismissed a petition, in limine, which sought an injunction to prevent Western Province Local Government Commissioner Sarangika Jayasundara from conducting elections by secret ballot to the posts of chairman and vice chairman of the Seethawaka Pradeshiya Sabha.

The CA decision is based on the existing election laws that provide for the Local Government Commissioners’ discretion in conducting elections to the posts of chairpersons/mayors and deputy chairpersons/deputy mayors of the hung local councils. The NPP lost no time in welcoming the CA decision.

In a country like Sri Lanka, there should be no legal provision for the discretion of public officials where elections to local council heads are concerned, for the government in power exerts pressure on state employees to do its bidding to further its political interests, or some public officials sell their souls to politicians.

The existing laws should be amended to make open votes mandatory in elections to top posts in all political institutions. Preferably, they should be roll-call votes or show of hands. The people have a right to know how their elected representatives vote in view of very serious allegations of bribery and corruption against the MPs, provincial councillors and local government members. Quite a few newly-elected Opposition local councillors are accused of having taken bribes to vote against their own parties. Secret ballots have stood these elements in good stead. No room should be left for secrecy in elections to top posts in the local councils.

One may recall that in 2007, following an abortive attempt by the then UNP-led Opposition to defeat Budget 2008 presented by the Mahinda Rajapaksa government at the height of the Eelam War IV, Dullas Alahapperuma, who was a minister at the time, disclosed, at a media briefing, that some MPs of the ruling UPFA had taken bribes to vote against the budget, as part of a conspiracy to topple the government and derail the war; they had been found in five-star hotels with foreign prostitutes, Alahapperuma said, claiming that it had been quite a battle to prevent them from doing what they had taken bribes for. The Rajapaksa government managed to win the budget vote. Alahapperuma stopped short of revealing how that task had been accomplished, but there is reason to believe that the Rajapaksas outbribed their opponents.

The ongoing dispute over secret ballots in hung local councils has bolstered arguments for amending the local government election laws, which are riddled with flaws. Ambiguities in laws, especially vague wording, conflicting rules and discretionary enforcement, breeds public distrust and disillusionment and undermines the legitimacy of the electoral process. A set of ministerial guidelines prepared to dispel confusion in respect of elections to the posts of heads and deputy heads of hung local councils has been deep-sixed, to all intents and purposes, allowing state officials to do as they please. This is not a healthy state of affairs, and the LG laws must be rid of flaws that successive governments have exploited to further their interests with the help of pliant state officials.

While on the subject of public officials’ discretion regarding the election of heads and deputy heads in no-majority local councils, there is a far more serious issue that has gone unaddressed all these years—discretion given to the leaders of political parties to manipulate the National List (NL). The Constitution and the Parliamentary Elections Act provide for undermining the people’s franchise where the NL is concerned! As we have pointed out in previous editorial comments, Article 99A of the Constitution allows ‘the persons whose names are included in the lists submitted to the Commissioner of Elections … or in any nomination paper submitted in respect of any electoral district by political parties or independent groups at that election’ to be appointed to Parliament via the NL. But in 1988, the then UNP government introduced Section 64 (5) of the Parliament Election Act, inter alia, as an urgent Bill, eroding the essence of the constitutional provisions pertaining to the NL appointments. It has now been revealed that in 1988, the J. R. Jayewardene government surreptitiously inserted a section into the Parliamentary Elections Act by having an amendment Bill changed, after its ratification, to allow political party leaders to engineer NL vacancies and appoint persons of their choice to Parliament. This provision has made a mockery of Article 99 (A) and Article 101 (H) of the Constitution. Moreover, in 2017, the Sirisena-Wickremesinghe government smuggled a slew of sections into the Provincial Council Elections (Amendment) Bill at the committee stage to postpone the provincial council elections indefinitely though Article 78 of the Constitution says ‘any amendment proposed to a Bill in Parliament shall not deviate from the merits and principles of such Bill’. Interestingly, all political parties—the UNP, the SLFP-led UPFA including its pro-Mahinda Rajapaksa faction called the Joint Opposition, the JVP, the SLMC and the TNA unflinchingly backed that rotten Bill, helping postpone the PC polls indefinitely. (The TNA is now demanding that the PC polls be held expeditiously!) No legal remedy is currently available because laws cannot be challenged in courts after their enactment. Hence the need for a constitutional amendment to enable post-enactment judicial review of legislation.

Bad laws not only make the public lose trust in the legal process but also give a turbo boost to anti-politics, which is on the rise.



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Editorial

Cramped cells, fettered rights

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Wednesday 17th June, 2026

Some occupants of key positions in the public service unashamedly display their chameleon-like ability to adapt to changing political circumstances and please new leaders. They do not scruple to trade their professional dignity for expediency. So, it is not surprising that some police officers have chosen to be at the beck and call of powerful politicians, and the police go out of their way to further the interests of the powers that be. Their servility has stood in the way of efforts to depoliticise the police through constitutional safeguards.

Unsurprisingly, the police have resorted to legal action against some Opposition politicians who took up the cudgels for the rights of former State Intelligence Service Director Maj. Gen. (Retd.) Suresh Sallay in CID custody. If the CID had acted impartially and respected Sallay’s rights as a detainee, the need for protests would not have arisen. It was protests that prompted the CID to bite the bullet and rush Sallay to hospital. The Human Rights Commission of Sri Lanka (HRCSL) has reportedly expressed concern about the conditions of the detention cells at the CID headquarters.

Contrary to government claims, there have been no calls for Sallay’s release or an end to the ongoing police investigations into the Easter Sunday terror attacks. Everyone is of the view that the probe must go on and justice must be done to the carnage victims. Protests have been against the alleged ill-treatment of Sallay at the CID headquarters. Criticism of the suppression of the rights of detainees must not be misconstrued as efforts to undermine the judiciary.

Police action against the critics of the CID smacks of a sinister move to suppress democratic dissent. The incumbent government is apparently emulating the previous dispensations that resorted to draconian measures to silence dissent to consolidate their hold on power.

In a democracy, sovereignty resides in the people, who are the ultimate political authority, and they must not be denied their legitimate right to oppose the subjugation of the legal process to the political interests of the government in power. It is antithetical to democracy and amounts to an assault on the people’s freedom of expression for criticism of politically driven investigations and the abuse of suspects under the Prevention of Terrorism Act (PTA) to be framed as obstructions of the police or contempt of court.

The PTA allows the Defence Minister to order the detention of suspects arrested by police investigators to further the interests of his or her political party on some pretext or another. However, the abuse of the PTA is not of recent origin. There is hardly any law that has not been abused under successive governments, and the self-proclaimed campaigners for democracy and human rights, were abusers themselves, while in power.

The present-day UNP leaders who have condemned the alleged ill-treatment of Sallay fully endorsed numerous such violations, especially the arrest and prolonged detention of Vijaya Kumaratunga in a dark cell in the early 1980s. The JVP assassinated Kumaratunga a few years later.

The JVP vehemently opposed the PTA, politically driven investigations, etc., as it bore the brunt of repressive practices facilitated by the PTA. But the JVP-led NPP government has not only chosen to use the PTA to suppress dissent but also reached a new low; it has brought two of its active party members out of retirement and appointed them as the CID Director and Secretary to the Ministry of Public Security. Worse, it intimidates those who dare criticise the undemocratic actions of these officers and campaign for the rights of suspects in detention.

Now that the appalling conditions of the CID’s detention cells have come to light, pressure must be brought to bear on the government to take remedial action for the benefit of all suspects. Most of all, police officers loyal to the ruling party must not be allowed to subject detainees to cruel treatment in a bid to break their will and obtain confessions.

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Editorial

A deal that pours oil on troubled waters

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Tuesday 16th June, 2026

The world must have breathed a sigh of relief yesterday following the announcement that the US and Iran had agreed to sign a peace deal soon and begin negotiations in earnest to resolve contentious issues. The peace plan has renewed hope that no more lives will be lost due to military strikes in West Asia; precious assets, especially oil infrastructure, in that part of the world will be safe, and disruptions to global oil supplies will be over.

Interestingly, as US President Donald Trump turned 80, global oil prices which had shot up to extremely high levels, owing to his war on Iran, dropped to about USD 80 a barrel, the lowest since the eruption of the war in February. Upon the announcement of the US-Iran peace deal, WTI, the US oil benchmark, decreased to USD 80 a barrel, and the global oil benchmark, Brent crude, which was about USD 70 a barrel before the conflict and peaked at about USD 120 during the war, dropped to USD 83 a barrel. Share markets surged in Asia. These are very positive signs.

The US-Iran peace deal and the resultant oil price drops could not have come at a better time for developing nations, especially Sri Lanka, which is struggling to stabilise its rupee and shore up its forex reserves.

However, a return of global oil prices to the pre-conflict level of USD 70 a barrel may not be possible in the short term, given some factors, such as the lost production capacity in West Asia, strategic oil reserve replenishment and higher risk premium. The situation may improve sooner than expected if OPEC, the US, Canada, Brazil, etc., care to increase oil production and help stabilise the world energy market, thereby strengthening the global economy, which has shown signs of severe decline due the West Asian conflict.

US President Donald Trump pretends that he has done Iran a big favour by agreeing to a peace deal. However, Trump has apparently made a virtue of necessity. It was difficult for him to go on fighting, particularly in view of the passage of a crucial War Powers bill. Besides, US Vice President J. D. Vance, in an interview with Fox News, has said, inter alia, that Americans were facing economic hardships due to the Iran war; he has expressed hope that energy prices will start coming down shortly much to their relief. This shows that the Trump administration was also badly in need of a peace deal.

The US-Iran peace deal to be signed has been described in some quarters as a birthday gift for Trump. It must have gladdened his heart beyond measure, for his approval rating has plummeted due to his handling of the economy and the Iran war, and his Grand Old Party is expected to perform poorly at the midterm elections in November. One may recall that General Sherman, after completing his March to the Sea, famously “presented” the city of Savannah, the Confederacy’s most important port, as a Christmas gift to President Lincoln, in December 1864. Trump may have expected his military commanders to do likewise and present something like Iran’s Kharg Island to him as a birthday gift, but his plans went awry owing to Iran’s fierce resistance, with Tehran effectively shifting the war to the economic front by using the Hormuz Strait as a strategic lever. So, Trump apparently had to settle for a peace deal as a birthday gift, so to speak.

Israeli Prime Minister Benjamin Netanyahu is obviously not well-disposed towards the peace deal to be inked. He was dependent on the Iran war for political survival. His opponents are closing ranks, and he has court cases to contend with. So, if he carries out attacks on Hezbollah targets again, as speculated in international defence circles, Iran may be compelled to respond, maybe by closing the Hormuz Strait again. In the world of cloak-and-dagger geopolitics, anything is possible. It is up to Trump to ensure that his friend behaves.

World powers have welcomed the peace deal to be signed and praised the US, Iran and Pakistan, which made it possible. They themselves have been reeling from the knock-on economic effects of the West Asian conflict, and it will be in their best interest to do everything in their power to ensure that the peace deal will reach fruition and the Iran war will be a thing of the past.

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Editorial

El Niño at the gate: Are we ready?

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Monday 15th June, 2026

Sri Lanka apparently has more than its fair share of extreme weather events, ranging from floods to droughts and now the disruptive effects of a mega climate anomaly. The World Meteorological Organization (WMO) has warned that due to unusually warm ocean waters in the tropical Pacific, El Niño conditions are developing fast, and they are expected to drive more extreme temperature and rainfall patterns in the coming months. Sri Lanka is among the countries that are expected to suffer the severest impact of this phenomenon.

Some climate experts have suggested that Sri Lanka may not experience a severe El Niño impact. However, it is prudent to prepare for the worst-case scenario.

The WMO has stressed that the time for informed decision-making, planning and preparedness is now. “The science is clear: El Niño is arriving on our doorstep in the coming months with 90% certainty. The world must treat it as the urgent climate warning it is,” UN Secretary-General António Guterres has said. The world has experienced El Niño events for many years and therefore knows what it is like to face them. However, the question is whether such warnings will jolt Sri Lanka into taking urgent action to mitigate the impact of El Niño, which will deal a double whammy, with floods and droughts affecting different parts of the country simultaneously.

Sri Lanka has earned notoriety for ignoring and failing to respond to crises and disasters swiftly. One may recall that in December 2004, nobody sensed danger on seeing the eerie drawback of the sea minutes before the landfall of the Boxing Day tsunami. Thousands of lives were lost as a result. There were quite a few warnings of the impending Easter Sunday terror attacks in 2019, but nobody cared to take preventive action. Many experts warned of a crippling economic crisis in 2022, but no action was taken to prevent it. So, fear being expressed in some quarters that nothing serious is likely to be done by way of disaster risk reduction in view of El Niño is not unfounded. Last year, Cyclone Ditwah caught the incumbent government unprepared and overwhelmed the state disaster response system initially. The impact of El Niño is expected to be far severer as it will last for months.

The first casualty of El Niño is agriculture dependent on monsoon rainfall. Most countries affected by El Niño-driven droughts and floods face crop losses in multiple seasons and the resultant prolonged food shortages have the potential to lead to political upheavals. A possible increase in food imports is bound to worsen Sri Lanka’s foreign currency woes. Perhaps, many countries will be compelled to restrict agricultural exports. There’s the rub. Hence, agricultural experts have called for a climate-smart home gardening initiative to meet such an eventuality.

The impact of El Niño usually spreads to other sectors, such as power and energy. The use of substandard coal has caused a sharp decline in power generation at Norochcholai. If reservoir levels recede steeply, decreasing the country’s hydro power capacity drastically, it will not be possible to meet the Norochcholai generation shortfall by burning diesel, etc., due to the cost factor and forex constraints. Shortages of power, energy and water take their toll on the industrial sector and impede economic growth. Beyond economic losses, El Niño entails broader social costs such as poverty, disease outbreaks and disruptions to education.

The JVP-NPP government would have the public believe that it has a well-thought-out plan to mitigate the severe impact of El Niño by focusing on water conservation, climate-resilient agriculture, food and energy security while strengthening disaster preparedness. The Food Policy and Security Committee, appointed by the government, has reportedly discussed ways and means of mitigating the impact of El Niño with particular focus on agriculture, water storage and drinking water supplies. The proof of the pudding is said to be in the eating. One can only hope that the government will succeed in this endeavour and all other stakeholders will put their shoulders to the wheel.

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