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Midweek Review

Canadian acceptance of genocide jolts Sri Lanka

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On the eve of war victory anniversary

By Shamindra Ferdinando

Sri Lanka brought the war to a successful conclusion on the morning of May 19, 12 years ago. The nearly three-year-long combined security forces campaign ended on the banks of the Nanthikadal lagoon with the elimination of Velupillai Prabhakaran, the undisputed leader of the Liberation Tigers of Tamil Eelam (LTTE).

 The then President Mahinda Rajapaksa gave resolute leadership until the armed forces eradicated the LTTE. The President disregarded intense Western pressure to halt the Vanni offensive, east of the Kandy-Jaffna A 9 road. Western powers made a determined bid to throw a lifeline to the LTTE, in order to save the LTTE-TNA (Tamil National Alliance) alliance. So much so, the British and the French sent their Foreign Ministers, David Miliband and Bernard Kouchner, respectively, to pressure President Rajapaksa. Their combined visit took place in the last week of April, 2009.

The writer was very fortunate to visit the SLN, deployed off Mullaitivu on the northern coast, to prevent the top LTTE leadership fleeing the country. The SLN threw a four-layered cordon, consisting of small boats (Arrows), Inshore Patrol Craft (IPCs), Fast Attack Craft (FACs) and Offshore Patrol Vessels (OPVs) in January 2009. The SLAF, deployed a pair of jets at China Bay, in case of an emergency. President Mahinda Rajapaksa, quite determined to bring the LTTE menace to an end, told the visiting European ministers the offensive wouldn’t be stopped, under any circumstances. The Sri Lankan leader had no qualms in telling British and French Foreign Ministers, so, bluntly. Like a spurned lover, no wonder the West is so hell bent on going after those who made that victory possible against their then oft repeated mantra that Sri Lankan security forces were incapable of defeating the LTTE. This brings us to the question whether the West was throughout supporting the terrorist outfit, though outwardly they were condemning terrorism.  

“They’re not willing to do that,” Miliband said in an interview soon after talks with President Mahinda Rajapaksa. “The furthest the government has gone is to commit to no heavy weaponry and to minimize, what they call, collateral damage, mainly damage to civilians,” the media quoted him as having said.

If President Rajapaksa succumbed to Western pressure, the LTTE would have received the much-needed respite to re-group again. Their political arm in Parliament would have pursued the combined strategy. Had the LTTE-TNA coalition survived, the eruption of Covid-19 pandemic would have definitely presented the alliance an opportunity to exploit the situation.

Remember how they took advantage of the Dec 2004 tsunami to push for P-TOMS (Post-Tsunami Operational Management Structure) during Chandrika Bandaranaike Kumaratunga’s tenure as the President. The JVP challenged P-TOMS in the Supreme Court. The SC ruled four clauses of the P-TOMS illegal. Among the four clauses, termed illegal, were the ones as regards locating the regional fund headquarters in Kilinochchi and the operations of the regional fund. The JVP asserted that P-TOMS impacted on the country’s sovereignty and dubbed the mechanism as one which would confer legitimacy to a terrorist group.

If the LTTE had been around now, even with a much weaker conventional military capability, the crisis caused by the raging Covid-19 pandemic would have paved the way for the lethal alliance to seek a consensus on a vaccination drive in predominantly Tamil-speaking areas, under some pretext.

Failure of 2006 talks, subsequent developments

 The LTTE, always cleverly used opportunities to press for legitimacy. Successive political leaderships, too, played into their hands. Every national election presented the LTTE with a chance to press ahead with its despicable strategy. The 2005 presidential election was not an exception. Even the war-winning President Mahinda Rajapaksa, much to the discomfort of those who had backed his 2005 presidential polls campaign, gave into the LTTE’s demand for talks at overseas venues. Talks took place in Feb and Oct. 2006, in Geneva, under the auspices of the Norwegians, who took us trusting natives for many a ride, like the Portuguese, the Dutch and the British before them. The Norwegians inveigled the peace carrot, regardless of the abortive bids to assassinate the then Lt. Gen. Sarath Fonseka (April 25, 2006) and Defence Secretary Gotabaya Rajapaksa (Oct. 01, 2006). If the LTTE achieved its targets, Sri Lanka’s triumph over terrorism wouldn’t have been possible. That is the undeniable truth.

As the country marked the 12th anniversary of triumph over terrorism, today let me remind you the despicable way the previous administration treated the victorious armed forces. The treacherous Oct. 1, 2015 Geneva Resolution, co-sponsored by the Sirisena-Wickremesinghe government, betrayed the military during an extremely difficult situation. Perhaps, it would be pertinent to briefly discuss the high profile arrest of the then Commodore D.K.P. Dassanayake (retired on Feb. 16, 2021) in July 2017 in connection with the wartime disappearance of 11 persons. Dassanayake played a significant role during Vice Admiral Wasantha Karannagoda’s tenure as the Commander of the Navy. Regardless of the absence of credible evidence to link him to the disappearances blamed on the SLN, Dassanayake was called back from the USN Naval Post Graduate School, Monterey, California. At the time Dassanayake was called back, he had completed six months of the one and half year-long course.

Wartime Navy spokesperson, Dassanayake served as coordinator of the SLN cordon off of Mullaitivu – Nayaru (January-May 2009) stretch and was present when the writer visited the naval units, in April 2009. The then Commander of the Fast Attack Craft Flotilla Captain Noel Kalubowila (retired over a year ago in the rank of Rear Admiral), too, had been present during the media visit to the ‘naval frontline’. Instead of bringing the case to a successful conclusion, the previous administration played politics. The police as usual quite blatantly cooperated with the diabolical political project. The police had no qualms in falsely naming Dassanayake as Director Naval Operations (DNO). The police also falsely asserted Dassanayake supervised two teams accused of carrying out abductions. Finally, a disappointed Dassanayake retired in Feb. 2021 as the high profile case that had even been taken up in Geneva dragged on.

Dassanayake’s role in Sri Lanka’s seizure of an LTTE ship, in Dec. 2009, at an overseas harbour – seven months after the eradication of the LTTE – is something the country can be proud of. A small SLN team seized ‘Princess Christina’ — said to be one of the largest LTTE arms ships — and brought  it to the Colombo harbour.

 In spite of the change of government, in Nov. 2019, the armed forces are yet to take tangible measures to set the record straight. There cannot be any dispute over the need to punish those who had engaged in clandestine activity outside legitimate overt and covert operations undertaken by the armed forces and police to eradicate the LTTE. The previous administration’s treachery and the incumbent government’s failure, so far, to address accountability issues properly, is quite contrary to the assurances given in the run-up to the 2019 presidential and 2020 parliamentary polls. The external environment is so bad, that the Commander of the Army and Chief of Defence Staff (CDS) General Shavendra Silva remains blacklisted by the US. America’s bosom allies like Canada and Australia, too, have followed suit in blacklisting our war heroes.

The US imposed travel restrictions on wartime General Officer Commanding (GOC) of the celebrated 58 Division/formerly Task Force 1, in Feb. 2020. The US State Department declared travel restrictions were imposed on General Silva “due to credible information of his involvement, through command responsibility, in gross violations of human rights, namely extrajudicial killings, by the 58th Division of the Sri Lanka Army during the final phase of Sri Lanka’s civil war in 2009.”

 Accountability issues (or, in reality, trumped up charges) should be addressed without further delay. The continuing failure to set the record straight should be closely examined, taking political developments into consideration. A recent exchange between lawmakers, Field Marshal Sarath Fonseka (Samagi Jana Balavegaya, Gampaha District) and Rear Admiral Sarath Weerasekera (Sri Lanka Podujana Peramuna, Colombo District) emphasized how politics divided the country. Having served the country for over three decades, they accused each other of pursuing personal agendas in this most unfortunate cockfight. Furious accusations and counter allegations, in Parliament, on May 5, when they clashed over the Criminal Investigation Department (CID) denying a suspect in the Easter Sunday attacks, SJB MP and ACMC (All Ceylon Makkal Congress) leader Rishad Bathiudeen, an opportunity to attend Parliament, painted a bleak picture. Weerasekera, who retired having finally served the SLN as its Chief of Staff, accused Fonseka of being part of the Tamil Diaspora project whereas belligerent Fonseka alleged his political opponent of taking advantage of Geneva sessions for personal gain. Their clash underscored Sri Lanka’s pathetic failure to keep the country’s war victory out of politics.

 

Post-war politics

 Fonseka’s unexpected entry into politics, in 2009 with the backing of a UNP-led alliance, weakened the country’s defence against war crimes accusations. By switching his allegiance to the new coalition, that included the LTTE political wing, the TNA, Fonseka undermined the country’s defence and after quite a turbulent political career has ended up with the breakaway UNP faction, the SJB.

Fonseka and Weerasekera clashed over the latter’s assertion that lawmakers arrested in terms of the Prevention of Terrorism Act (PTA) shouldn’t be allowed to attend parliamentary proceedings. Weerasekera’s declaration that he couldn’t agree with TNA heavyweight M.A. Sumanthiran, PC’s stand as regards the issue at hand, is understandable. However, can there be a dispute between Fonseka and Weerasekera over the use of PTA in respect of lawmaker Bathiudeen, arrested in connection with the Easter Sunday carnage. Fonseka and Sumanthiran taking a common stand on the issue, at hand, should be examined against the latter publicly justifying the Easter Sunday attacks. Both served the Parliamentary Select Committee (PSC) that investigated the Easter Sunday attacks. The then Speaker, Karu Jayasuriya, who had been present when Sumanthiran justified the Easter Sunday attacks a week after the carnage, accommodated him in the PSC. Actually, the former Speaker, now Chairman of the NMSJ (National Movement of Social Justice), owed an explanation why he disregarded Sumanthiran’s declaration when accommodating him on the PSC, chaired by Deputy Speaker Ananda Kumarasiri.

Sumanthiran alleged that the Easter Sunday carnage was a result of Sri Lanka’s failure to ensure certain basic values. Sumanthiran warned of dire consequences unless the government addressed the grievances of the minorities. The lawmaker said so at an event, organized by the Sinhala weekly ‘Annidda’ to celebrate its first anniversary at the BMICH. Prof. Jayadeva Uyangoda, the then Human Rights Commissioner Dr. Deepika Udagama, J.C. Weliamuna, PC and the then Constitutional Council member Attorney-at-Law Javid Yusuf and filmmaker Asoka Handagama  dealt with the topic ‘Sri Lanka beyond 2020.’

Except for The Island no other print, or electronic media, bothered at least to report on what Sumanthiran said as the country was still in shock in the aftermath of the slaughter of 270 people. Even the Catholic Church refrained from taking a strong stand on Sumanthiran’s declaration, though the Archbishop of Colombo Malcolm Cardinal Ranjith condemned the statement when The Island raised the issue at a media briefing at the Archbishop’s House.

Sri Lanka obviously hadn’t been able to come to terms with political realities, even 12 years after the war ended. Canada recently recognized that Sri Lanka subjected the Tamil community to genocide. The unprecedented Canadian move was taken against the backdrop of Geneva adopting an anti-Sri Lanka resolution, with 22 countries voting for, 11 against and 14 skipping the vote.

On May 6, 2021, Ontario became the first jurisdiction in the world to recognize Sri Lanka genocide as a result of Scarborough MPP’s (Member of Provincial Parliament) private bill passed the third reading in that legislature. Let me emphasize it was adopted without a vote, under controversial circumstances, and, subsequently, received the Lieutenant Governor of Ontario Elizabeth Dowdeswell’s approval, two days after Foreign Minister Dinesh Gunawardena raised the issue with Canadian High Commissioner in Colombo, David Mckinnon.

The Bill 104 (the Tamil Genocide Education Week Act), allocated seven days each year, May 11 to 18, during which Ontarians “are encouraged to educate themselves about, and to maintain their awareness of, the Tamil genocide and other genocides that have occurred in world history.”

On Twitter, Scarborough-Rouge Park MPP Vijay Thanigasalam, a Canadian of Sri Lanka origin, who spearheaded the project, called the passage of his Bill ‘a historic event for the Tamil people in Ontario and across the world.’ The first reading of the Bill took place on April 30, 2019, the Second Reading on May 16, 2019 and the Third Reading on May 06, 2021. It received Lieutenant Governor’s approval on May 12.

But where is the justice for acts of real genocide committed by white settlers against natives of Canada to grab their land and, of course, also in rest of Americas and even Australia?

 The Canadian recognition of Sri Lanka genocide underscored the pathetic handling of the accountability issue. In fact, Canada, a member of the Sri Lanka Core Group, in the Geneva process, relentlessly pursued the issue at hand. Wouldn’t it be pertinent to examine what Sri Lanka did during April 2019-May 2021 to reverse the process? It would be a serious mistake, on Sri Lanka’s part, to consider the genocide rap as a project of the Ontario Legislative Assembly instead of a Canadian move. The Canadian move is severely inimical to Sri Lanka. The incumbent government, struggling to cope up with the rampaging Covid-19 pandemic, shouldn’t turn a blind eye to the threatening Canadian move. With major Canadian political parties seeking to win over the large Canadian population of Sri Lankans of Tamil origin, at Sri Lanka’s expense, the Ontario project would further strengthen the Geneva-led campaign meant to weaken Sri Lanka.

Canada-based Dr. Neville Hewage, who had made representations to the Ontario Legislative Assembly, in respect of Bill 104, and was engaged in a campaign against the move throughout this period, says the propaganda project should be thwarted. In response to The Island queries as regards his decision to move the Canadian judiciary against Bill 104, Dr. Hewage said; “I am the Applicant. I submitted a constitutional question in respect of Bill 104 at the Superior Court of Justice. We expect the Superior Court of Justice to take it up within 60 days. But there may be a delay due to COVID-19 restrictions. Facts presented in Bill 104 were completely false. Truth is a Fundamental principle of the Rule of Law. Therefore, it has to be defeated in the best interest for all parties.”

Dr. Hewage stressed that he moved the court as a Canadian Citizen. Declaring he acted as an individual, Dr. Hewage explained how he could much easily navigate the legal process as a Canadian. Asserting the action would represent the interest of all groups opposed to the ongoing harassment of Sri Lanka, Dr. Hewage said some groups, such as Sri Lanka Canadian Action Coalition (SLCAC) would make interventions.

Sri Lanka should carefully examine the Canadian challenge. Those at the helm of current dispensation should realize the impact the Canadian acceptance of the genocide charge could undermine Sri Lanka’s overall defense at the Geneva HRC. Political parties, represented in Parliament, should study Bill 104. The Parliament should take up this matter on behalf of Sri Lanka and make every effort to set the record straight or be ready to face the consequences.

Over 12 years after the conclusion of the war, Sri Lanka remained divided over her finest post-independence achievement, thanks to despicable petty politics practiced here. Perhaps, the whole Geneva process should be examined now against the backdrop of Canadian acceptance of Genocide in Sri Lanka. The Geneva onslaught will take a new turn with the recognition/acceptance of Genocide charge.



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Midweek Review

22A: Developing constitutional quagmire

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The government’s high profile project to enact the 22nd Amendment failed to secure any tangible support from anyone outside the NPP, in Parliament or outside. In a statement, the Illankai Thamil Arasu Kadchi (ITAK) noted that the proposed amendment concerned the sovereignty of the people and, therefore, required approval through a referendum. The ITAK, a key member of the six-party Political Council of Tamil-Speaking people (PCTSP) and the second largest party in the Northern and Eastern Provinces, other than the NPP, is opposed to President Dissanayake’s move. Tamil Progressive Party (TPA) leader and former Minister Mano Ganeshan, also of the PCTSP, has rejected the 22nd Amendment. The Island learns that all political parties, represented in the PCTSP, are opposed to the proposed Amendment.

The NPP obtained the most seats at the Parliamentary General Election 2024. Other parties that managed to gain seats in Parliament are the Samagi Jana Balawegaya (SJB/40 seats), Ilankai Tamil Arasu Kadchi (ITAK/8 seats), New Democratic Front (NDF/5 seats), Sri Lanka Podujana Peramuna (SLPP/3 seats), Sri Lanka Muslim Congress (SLMC/1), Sarvajana Balaya (SB/1), United National Party (UNP/1), Democratic Tamil National Alliance (DTNA/1), All Ceylon Tamil Congress (ACTC/1), All Ceylon Makkal Congress (ACMC/1), Jaffna – Independent Group 17 (IND17-1) and the Sri Lanka Labour Party (SLLP/1).

Timeline

* March 30, 2026, BASL wrote to Justice and National Integration Minister Harshana Nanayakkara seeking a meeting to discuss 22A

* May 25, 2026, BASL wrote to President Dissanayake seeking a meeting to discuss the same

* July 16, 2026, BASL wrote again to the Justice Minister underscoring the failure on his part and the President to respond to previous letters

* July 27, 2026, NPP executive committee member advocate Lal Wijenayake declared opposition to the government move

* July 29, 2026, BASL met the Justice Minister, sought a meeting with President Dissanayake

* July 31, 2026, Mahanayakes of four Chapters (Nikayas) wrote a joint letter to President Dissanayake urging him not to go ahead with the 22nd Amendment. But, the Mahanayakes refrained from releasing the letter to the media

* August 3, 2026, BASL disclosed the Mahanayakes’ letter to the President. Justice Minister Nanayakkara, accompanied by Health and Media Minister Dr. Nalinda Jayathissa, visited the Mahanayakes to explain the government stand. But, they denied receiving the crucial letter

* August 7, 2026, UN requested President Dissanayake, in no uncertain terms, to abandon the move.

* August 11, 2026, Government admitted receiving the Mahanayakes letter

* August 18, 2026, 22nd Amendment Bill presented in Parliament. Those opposed to the constitutional amendment began filing petitions. The BASL led the way. By 24 August, 21 petitions were filed.

* August 20, 2026, Catholic Bishops’ Conference urged the government not to proceed without adequate consultations.

* August 24, 2026, BASL, in a motion filed in the Supreme Court, suggested that Chief Justice Preethi Padman Surasena recuse from hearing the petitions

By Shamindra Ferdinando

In support of the ruling National People’s Power (NPP) government’s highly contentious move to enact the 22nd Amendment to the Constitution despite worldwide condemnation by eminent jurists, meant to extend the retirement ages of superior court judges, NPP leader and President Anura Kumara Dissanayake will address a series of countrywide meetings.

Dissanayake is also the leader of the Janatha Vimukthi Peramuna (JVP), the main constituent of the governing party.

Justice and National Integration Minister and Attorney-at-Law Harshana Nanayakkara, on 18 August, 2026, tabled the controversial 22nd Amendment Bill in Parliament. Nanayakkara also tabled the Judicature (Amendment) Bill on the same day. That will pave the way for the increase of the retirement ages of High Court judges to 63 years, and District Court and Magistrate Court judges to 62 years. The government wants to increase the retirement ages of Supreme Court and Court of Appeal judges to 67 and 65, respectively.

However, the government has proposed a six-year term for the Chief Justice but he/she will have to retire at the new mandatory retirement age of 67.

Health and Media Minister, as well as Cabinet spokesman Dr. Nalinda Jayathissa, recently announced the decision to launch the high profile propaganda campaign on 5 September. The NPP and JVP leader has vowed to enact the 22nd Amendment, come what may.

Dissanayake, who took over the party leadership on 2 February, 2014, at the 17th convention of the JVP, and formed the NPP in 2019, has indicated that he wouldn’t, under any circumstances, give up the 22nd Amendment. Dissanayake didn’t mince his words when he received a top level delegation of the Bar Association of Sri Lanka (BASL) at the Presidential Secretariat, on 12 August, to discuss the burning issue wracking the country. It would be pertinent to mention that the BASL raised the issue with Dissanayake, on 25 May, after Nanayakkara ignored their first request, made on 31 March.

The Supreme Court will hear over 20 petitions challenging the constitutionality of the 22nd Amendment Bill. Now that the matter is before the Supreme Court, the main opposition Samagi Jana Balawegaya (SJB) shouldn’t have sought to involve the BASL in a futile attempt to educate the NPP parliamentary group. The BASL, too, should know better. The BASL and SJB are among those who moved the Supreme Court. Against that background it would be unthinkable that the NPP parliamentary group wants to listen to BASL. Government activists, on Monday (24), organised a protest outside BASL Secretariat, NO. 153, Mihindu Mawatha, Colombo 12 demanding the resignation of BASL President Rajeev Amarasuriya.

SJB and Opposition Leader Sajith Premadasa clashed in Parliament with the leader of the House Bimal Rathnayake over his bid to bring in the BASL team to address the whole Parliament. NPP National List lawmaker Najith Indika declared on X that “the Opposition Leader couldn’t call all MPs for meetings. BASL either does not follow parliamentary procedure or knows how to manipulate public perception.”

The Supreme Court will receive petitions during two weeks, after the tabling of the Amendment. The Court should inform the Speaker of its determination within three weeks. Parliament will receive that determination ahead of President Dissanayake completing his second year in Office. The last presidential election was held on 21 September 2024.

Dissanayake won a five-year term and in November, the same year, led the party to a resounding victory at the parliamentary poll. The NPP/JVP position is that both Bills can be enacted with a 2/3 majority. With a mammoth 159 seats in Parliament, the government is confident that its political project can be easily achieved. But, the NPP operation has run into significant opposition with the United Nations, throwing its weight behind the BASL-led campaign.

Tabling of the two Bills on 18 August coincided with the 39th anniversary of the JVP grenade attack on the UNP parliamentary group, in the wake of the signing of the Indo-Lanka peace accord in 1987. Ajith Kumara, at that time a minor parliamentary employee, lobbed a hand grenade at the UNP group meeting, chaired by President J.R. Jayewardena. Prime Minister Ranasinghe Premadasa, too, was present. The then National Security Minister Lalith Athulathmudali narrowly escaped death in the attack that took place in the Committee Room 1 of Parliament. Deniyaya MP and Matara District Minister Keerthi Abeywickrema was killed. The writer covered the funeral, held on 22 August, 1987, at the playground of the Morawaka Maha Vidyalaya. Then the young Minister in charge of Youth Affairs and Employment, Ranil Wickremesinghe, was among those who represented the government at the funeral.

Kumara had been recruited as a sweeper by no less a person than the then Secretary General of Parliament, Nihal Seneviratne. Had Kumara been a member of the proscribed JVP at the time he joined the parliamentary staff or did the JVP approach him later?

The Colombo High Court acquitted Ajith Kumara on 12 October, 1990, and released him from custody on 6 August, 1993. Subsequently, the JVP accommodated Ajith Kumara on the party’s politburo and paved the way for him to contest the Sabaragamuwa Provincial Council poll on the JVP ticket. With fat hopes the JVP named him their chief ministerial candidate.

Key Opp demands

Pointing out that the matter before the Supreme Court judges related to them, the BASL requested that a bench consisting of a full court, comprising all the judges, be constituted to determine the constitutionality of the 22nd Amendment Bill. The BASL also requested the Supreme Court to determine that the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.

In the alternative, the BASL sought determination that Clause 2 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum and Clause 3 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.

Essentially, all petitioners have requested for a full court, comprising all Supreme Court judges and a referendum, if ordered, it’ll be the second instance. The first referendum was held in December 1982. The UNP that won an unbeatable 5/6 majority in a 168-member Parliament, at the 1977 parliamentary election, obtained a mandate of the people to extend the life of Parliament by six years. That utterly undemocratic, unreasonable and treacherous act contributed to the overall deterioration of the country. By the time the 1989 parliamentary poll was held, the police, backed by the armed forces, were fighting the JVP in the South, and the Indian Army, deployed in the Northern and Eastern regions, in terms of the Indo-Lanka Accord.

Former External Affairs Minister Prof. G. L. Peiris, convenor of the Joint Opposition grouping, too, moved the Supreme Court against the 22nd Amendment, and General Secretary of the SJB Ranjith Maddumabandara did the same. Altogether there were nearly two dozen petitioners

Ex-Law Professor Peiris has vigorously campaigned against the government move, and the weekly media briefing. held at former President Wickremesinghe’s Flower Road Office, has become the focal point of the Opposition campaign. Peiris insists that the Supreme Court shouldn’t hear the petitions as justices were direct beneficiaries of the proposed Amendment. Therefore, determination should be made at a referendum. In case the Supreme Court decides to hear the petitions, the full court consisting of all judges should be constituted to determine the constitutionality of the 22nd Amendment Bill, the former parliamentarian has asserted.

As repeatedly stressed by Prof. Peiris, two previous determinations by the Supreme Court that the alteration of superior court judges’ retirement ages should be subject to a referendum cannot be disregarded, under any circumstances. One of the determinations is of crucial importance as former Chief Justice Murdhu Fernando (December 2024 to July 2025) served on the three-member bench that made the far reaching announcement in 2022.

But, the BASL made an unexpected move on Monday. Close on the heels of its petition against the 22nd Amendment to the Constitution, the BASL filed a motion in the Supreme Court suggesting that Chief Justice Preethi Padman Suresena recuse from hearing petitions.

Petitioners BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva cited Attorney General as the respondent in a motion filed in terms of Article 121 read with Article 120 of the Constitution to determine whether the Bill, titled “Twenty Second Amendment to the Constitution,” or any part thereof, is required to be passed by a Referendum in terms of Article 83 of the Constitution.

The BASL pointed out that the first Judge of the Supreme Court, who would benefit if this Bill is enacted into law without the process of a referendum, is the Chief Justice, and further that if a referendum is mandated, then that there is a possibility that the Chief Justice may retire before its completion, and if for those reasons, the Chief Justice wished to recuse from hearing this matter, then the petitioners have requested the Chief Justice to constitute a bench comprising of all other judges in Supreme Court.

The maximum number of Supreme Court and Court of Appeal judges are 17, including the CJ and 20 judges ,including the President of the Court of Appeal, respectively. The NPP caused controversy by not filling vacancies among the superior court judges with the Opposition alleging there were four vacancies each. There’ll be another vacancy among the Court of Appeal judges in the first week of September.

The warning issued by the UN following a spate of other statements from various local and international bodies has brought tremendous pressure on the government. Having initially denied any knowledge of a joint letter, dated July 31, addressed to President Dissanayake by the Malwatta, Asgiriya, Amarapura and Ramanna chapters, the government, on 11 August, admitted the President received the letter.

However, the Catholic Bishops Conference publicly commented on this issue, only on 20 August, after all other concerned parties censured the government over the move. A section of the civil society that portrayed the 22nd Amendment as the panacea for a mountain of cases held up in courts had no option but to sing a different tune after the UN warned the NPP government over the pet project that seemed to have backfired. The UN’s position rattled the government and its backers.

18A and 20A

War-winning President Mahinda Rajapaksa enacted 18th Amendment to the Constitution in early September 2010. That despicable political project did away with a two-term time limit for the executive president and expanded presidential powers over independent commissions. That Bill received 161 votes, two more than the NPP parliamentary group. But, 18A didn’t do any good for President Rajapaksa or his party. Maithripala Sirisena, General Secretary of Mahinda Rajapaksa’s party, betrayed him, won the 2015 presidential election, and created an utterly undesirable political environment that, over a period of 10 years, ruined the country’s major political parties.

The emergence of the NPP as the dominant power should be examined taking into consideration the deterioration of the UNP, SLFP and the SLPP. The UNP and SLFP are no longer represented in Parliament while the SLPP that won a commanding 145 seats at the 2020 parliamentary poll was reduced to just three lawmakers in Parliament. SLPP’s National Organiser Namal Rajapaksa was so concerned about the transformation of the political environment he took refuge in the National List. Had he not taken that precaution, he wouldn’t be in Parliament today. While the SLPP deteriorated from 145 seats to just three, the NPP, whose 2020 parliamentary group consisted of just three, including one National List member (Dr. Harini Amarasuriya) ended up taking 159 seats, the best results achieved under the Proportional Representation system introduced in 1989.

Having handsomely won the 2019 presidential election, Gotabaya Rajapaksa brought in the 20th Amendment aimed at further consolidating his hold on power. Basil Rajapaksa, a dual citizen of Sri Lanka and the US, wanted to enter Parliament through the National List. The Rajapaksas removed a particular clause through the 19th Amendment to enable Basil Rajapaksa to enter Parliament. Subsequently, the SLPP accommodated Basil Rajapaksa in the Cabinet as the all-powerful Finance Minister. He succeeded Mahinda Rajapaksa in July 2021. But by then, the national economy had suffered irreparable damage and the 20th Amendment, meant to consolidate executive power, seemed irrelevant. Public protest campaign that received overt and covert US and Indian backing was launched in March 2022, leading to President Gotabaya Rajapaksa’s unceremonious ouster in July of same year due to India and Western backed violent protests.

The 18th Amendment and the 20th Amendment were enacted at the expense of particularly the 17th and 19th Amendments, respectively.

The Frontline Socialist Party (FSP) has alleged that the 22nd Amendment would enable the government to implement its neoliberal programme. The breakaway JVP group has asserted that the government’s sinister project is intended to remove whatever obstacles to its neoliberal strategy.

FSP’s Education Secretary Pubudu Jayagoda said: “A new Fisheries Act will divide the ocean into plots, lease the fish-rich areas to multinational corporations, and deprive local fishermen the opportunity to catch fish in the deep sea. The biggest obstacle to this is the fishermen. A Quality Assurance and Accreditation Commission Act is being drafted to grant state recognition and legality to degree mills. Three thousand schools are going to be closed, depriving children of the fundamental right to education. To do that, every pillar of the state must be brought under government control. A long list can be given: privatising hospital laboratory services, selling off state institutions, bringing forward new repressive laws like the PSTA (Protection of the State from Terrorism Act), and a new Cooperatives Act that snatches away people’s funds—many things like that. Taking the arbitrary power required to execute these into the hands of the executive is the true objective of this constitutional amendment.”

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Midweek Review

Shakespeare’s female characters

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Ophelia in a scene from Hamlet

Displaying Gender-Based Issues that Resonate with Our Times

by Dr. Siri Galhenage
Psychiatrist [Retd]

In most of William Shakespeare’s plays, the protagonists are male. He created such memorable characters as Hamlet, Othello, King Lear, Macbeth, Julius Caesar, Prospero, Coriolanus, the monarchs of history plays and many others – heroes as well as villains. This was a reflection of the societal values of the time. Women were not permitted to perform on stage, and all female roles were played by young males – a practice that continued for nearly half a century after Shakespeare’s death. This was so even though Elizabeth 1, the learned female monarch of England and Ireland and a humanist, occupied the throne during most of Shakespeare’s writing life [1580–1613], and extended her patronage to his plays.

Nevertheless, compared with his contemporaries Christopher Marlowe and Ben Jonson, Shakespeare wrote a greater number of plays featuring prominent female characters that drove the narratives, providing insights into intra-psychic, interpersonal, social and moral aspects of life.

I have selected two such female characters from Shakespeare’s plays and another from one of his narrative poems to illustrate this idea, focusing primarily on gender based violence – emotional, physical and sexual – that continues to resonate in our own times. I have also chosen another female character who challenged the gender constraints that imposed by contemporary society.

DESDEMONA in Othello

A Victim of Morbid Jealousy

A scene from As You Like It

Jealousy, as a human experience, has many nuances of meaning, ranging from the harmless to the morbid, including delusional forms, with many variations in between. The object of concern in jealousy is the suspicion of unfaithfulness or infidelity on the part of a loved one, commonly a female partner in a marital relationship. In its morbid form, accompanied by intense passion, jealousy has the potential to be destructive and even dangerous, placing the spouse at risk. It is not an uncommon presentation in clinical practice attracting the diagnosis of ‘Othello Syndrome’ although there is disagreement among clinicians about the application of the term.

Othello, a valiant soldier of African heritage in the state of Venice, had no difficulty winning the heart of Desdemona, the attractive young daughter of a prosperous senator. He took her away in defiance of her father’s wish for her to marry into the Venetian nobility. At this point, the Turks were preparing to regain Venetian-held territory in Cyprus, and Othello, recognised for his military prowess, was selected to lead the defence of the territory.

Despite the imminent Turkish attack on Cyprus, Desdemona preferred to remain with her husband rather than stay in Venice. The attack did not eventuate, however, because a violent storm dispersed and destroyed the invading Turkish fleet. The Venetian forces rejoiced, and the occasion provided an added opportunity to celebrate the marriage of Othello and Desdemona.

Casio, a close confidant of Othello, who had been recently promoted to lieutenant, was delegated to supervise the festivities. Cassio’s promotion caused great offence to Iago, who strongly believed that he was better suited to the position. He plotted to take revenge on Othello and Cassio by planting the seed of doubt in Othello’s mind through innuendo and trickery, casting suspicion on Desdemona’s fidelity and on her relationship with good-looking Cassio. Desdemona, a woman of exuberance and humour, became the unwitting focus of Iago’s manipulation.

The dissonance that arose in Othello’s mind eventually reached a climax when he accused his wife of infidelity and became convinced that she should die. Despite Desdemona’s plea for compassion, Othello strangled her to death. On finally gaining insight into the whole saga, Othello fell on his sword beside his wife.

OPHELIA in Hamlet – A Case of Manic Defence in response
to emotional abuse

Hamlet, the Prince of Denmark, takes centre stage in the play of the same name, and his mental processes have been the focus of scrutiny by successive generations of critics.

Young Prince Hamlet is faced with a complex emotional challenge following the sudden death of his father, King Hamlet, he idolised. The late king’s brother, usurper to the throne, hastily marries the widowed queen, denying the young prince his lawful right to sovereignty. Hamlet’s grief is compounded by his outrage towards his mother and his lingering doubts about the circumstances of his father’s death. He lapses into a state of melancholy.

But the impact of Hamlet’s emotional instability and the displacement of his anger onto Ophelia, to whom the prince had professed his love, receive less attention by critics, despite the significant psychological issues raised by her predicament. The episode in which Hamlet directs his anger towards Ophelia – often referred to as the ‘nunnery scene’ – is considered one of the most vicious in all Shakespeare.

Get thee to a nunnery. Why wouldst thou be a breeder of sinners?”…. “If thou dost marry, I’ll give this plague for thy dowry, be thou as chaste as ice, as pure as snow, thou shall not escape calamity. Get thee to a nunnery; go, farewell. Or if thou wilt needs marry, marry a fool, for wise men know well enough what monsters you make of them. To a nunnery go, quickly too. Farewell

Her love for Prince Hamlet was forbidden from the outset by her father, the scheming counsellor, Polonius, and by her brother Laertes; she was obedient to them.  With her dignity destroyed by the very person she loved and her father killed, albeit inadvertently by the hand of her lover, she nevertheless reacted with compassion. With her brother away in France, Ophelia is bereft of any meaningful relationships.

With no one left to confide in, her mind had no alternative but to escape reality. She lapsed into a state of mania – a state of ‘fragile happiness’ with underlying deep sorrow; an unconscious defensive operation of the mind known as ‘manic defence’, as described by Melanie Klein [1882-1960], the  renowned Austrian Psychoanalyst.

In this state of mind, Ophelia presents herself before the king and queen, singing snatches of song concerning love, death and betrayal. Her behaviour is totally out of character to her formerly demure self. Here are a few excerpts from her verses illustrating what might be described as a ‘flight of ideas’.

How should I your true love know/ From another one? / By his cockle hat and staff/ And his sandal shoon…”

“He is dead and gone, lady/ He is dead and gone/ At his head a grass green turf/ At his heels a stone…

They say the owl was a baker’s daughter. Lord we know what we are, but know not what we may be. God be at your table …

Hey non nonny, nonny, hey nonny/ And in his grave rained many a tear …” “You must sing ’Adown adown’ and you call him adown-a.”

Later, Queen Gertrude, Hamlet’s mother, announced that Ophelia ‘Fell in a weeping brook while making garlands from crow-flowers, nettles, daisies and long purples’, and had made no attempt to save herself. At the graveyard two gravediggers discussed whether she deserves a Christian burial as she appeared to have taken her own life.

LUCRECE – in Shakespeare’s narrative poem The Rape

of Lucrece

Reworked from a story by the Roman historian Livy, Shakespeare’s innovative narrative poem, first published in 1594, gives access to the mind of a victim of sexual assault. Set in ancient Rome, the poem gives expression to the agony of Lucrece, the gracious wife of a nobleman, following a savage attack upon her by Sextus Tarquinius, the son of the brutal king Lucius Tarquinius of Rome.

During a joyous conversation, a group of young noblemen were commenting on the virtues of their wives when Collatinus extolled the incomparable beauty and chastity of his beloved Lucrece. Aroused by the description of her elegance, young Sextus makes a covert exit, ‘borne by the trustless wings of desire’ in pursuit of his prey –the peerless dame’, ‘weakly fortressed from a world of harm.

Lucrece warmly welcomes her royal guest, who shows no inward ill or outward harm. He praises her husband’s military prowess, ‘pawning his honour to obtain his lust. During the conversation he scans her beauty and burns with sexual desire, yet ‘is madly toss’d between desire and dread. His ambivalence finally gives way to desire. ‘Desire my pilot, beauty my prize/ ‘Then who fears sinking where such treasure lies?’ This said, he advances upon her, ‘like a falcon towering in the skies, that ‘Coutcheth the fowl with his wings’ ‘So under his insulting falcon lies/ Harmless Lucretia’ shade’, trembling with fear, ‘as fowl hear falcon’s bells’. She ‘lies at the mercy of his moral sting’ and finally succumbs ‘To the rough beast that knows no gentle right/ Nor aught obey but his foul appetite’.

Lucrece is shattered, perplexed and grief-stricken by the unexpected assault on her by her honoured guest. ‘I alone must sit and pine/ Seasoning the earth with showers of silver brine’. She weeps, ‘O unseen shame, invisible disgrace/ O unfelt sore, crest wounding private scar’. Her anguish is further expressed through the image of the violated hive. ’My honey lost, and I, a drone – like bee, have no perfection of my summer left/ But robb’d and ransack’d by injurious theft./ In thy weak hive a wand’ring wasp hath kept/ And suck’d the honey which thy chaste bee kept’.

In this state of mourning, Lucrece despatches two messengers: one to her father in Rome and the other to her husband on the battlefield. On their arrival, she reveals the circumstances of her agony and names the individual responsible. She then stabs herself to death.

Their entourage carry her body through Rome and vow to avenge the death of this incomparable woman of chaste’. By public acclaim the reign of Tarquins is overthrown, and the rule of Rome handed over to the consuls.

A scene from Othello

ROSALIND in ‘As You Like It’ – Challenging the Gender Constraints

One of the few female characters to play a leading role is Rosalind in ‘As You Like It’. She remains much to the liking of many a theatre goer because of her wit, wisdom and inner strength. Rosalind transcends the constraints imposed on women during the Shakespearean era – constraints that continue to resonate in certain cultures even today.

Two young women of noble birth flee the oppressive court in disguise and seek refuge in the Forest of Arden. Rosalind disguised as a young man, Ganymede, while her devoted cousin Celia adopts the name Aliena. As they depart Celia declares, “Now go we in content/ To liberty, and not to banishment.” Orlando, the object of Rosalind’s affection, also escapes to the forest to evade the hostility of his brother. Unaware of Rosalind’s disguise, he expresses his love by hanging verses in her praise upon the trees. Although Rosalind discovers these poems, she chooses to maintain her disguise, using it as an opportunity to test Orlando’s devotion and explore the nature of love, courtship, and the differing gender expectations. The play reaches a conclusion by Rosalind dropping her disguise, and the two uniting in love.

*****

Gender-based violence is recognised globally as a pervasive violation of human rights and a significant social, cultural and public health concern. Violence against women, including emotional, physical and sexual, varies across societies in form and prevalence, and is often rooted in unequal power relations and social structures that perpetuate male dominance. Gender-based violence requires collective action through education, legal protection, economic empowerment, accessible support services and changes in attitudes and cultural practices. Power and influence should not be allowed to shield the perpetrators.

Art, including dramatic and literary art, serves to illuminate human experience. It allows us to explore emotions, ideas and moral dilemmas that may otherwise remain beyond ordinary expression. Art can entertain and inspire, but it can also challenge our assumptions, evoke empathy, and offer new ways of seeing ourselves and the world around us. In this sense, art is not merely a form of aesthetic pleasure; it is a means of understanding what it means to be human.

Desdemona, Ophelia, Lucrece and Rosalind are among Shakespeare’s more prominent female characters. The first three are innocent victims of male violence in different forms, evoking our empathy and compassion; the fourth challenges the gender assumptions and constraints of the time. Together, they illuminate gender-based issues that are both universal and timeless. In this sense, Shakespeare remains ‘our contemporary’, as Jan Kott, Polish-American literary critic, famously observed.

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Midweek Review

Nature’s Distress

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on

By Lynn Ockersz

Nature’s not on any vengeance trail….

Rather, from dense forests of the West,

Now all aflame in parts as if in rage,

To South-East Asia’s savaging floods,

And Sri Lanka’s fierce dry spells,

Where man and beast are imperiled,

Nature’s signaling she’s distressed,

Over her custodian’s ravenous lust,

Which unceremoniously gobbles-up,

Her graciously bestowed riches;

‘Take warning; slow down at least now’,

She seems to be chiding her wayward son,

‘Be gentle with me and all my treasures,

And I’ll look to your continuing wellness,

But rein-in your self-destructive fire,

Lest it consumes your willful self in full,

And all I have left in your custodial care.’

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