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Midweek Review

Costly UNDP ‘lessons’ for Parliament

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By Shamindra Ferdinando

UNDP Resident Representative in Colombo, Azusa Kubota, accompanied international expert on parliamentary development, Kevin Deveaux, to meet Speaker Mahinda Yapa Abeywardena at the Parliament on 14th June. They were joined by Policy Expert and Head of Governance, UNDP Colombo, Chandrika Karunaratne.

Japanese national Kubota took over the UNDP mission in Colombo in January this year in the wake of the forced removal of Gotabaya Rajapaksa who handsomely won the last presidential election in November 2019. She had been the UNDP’s Resident Representative in Bhutan from 2019 to 2022.

According to a brief statement issued by Parliament, Deputy Speaker Ajith Rajapaksa, Deputy Chair of Committees Angajan Ramanathan, Secretary General of Parliament Kushani Rohanadeera, Assistant Secretary General Hansa Abeyratne and Speaker’s Foreign Affairs Coordinating Secretary Dr. Chamira Yapa Abeywardena were present on the occasion. Dr. Chamira Yapa Abeywardena is the Speaker’s son.

The trilingual media statement didn’t indicate as to why UNDP brought in the former Canadian lawmaker, a lawyer by profession here at a time Parliament is in deepening turmoil. There is no doubt the UNDP wants Deveaux to advise the Sri Lanka Parliament. Interestingly, the UNDP has engaged an ex-Canadian lawmaker for its high profile project here at a time controversy surrounds the Canadian Parliament passing a resolution, claiming Sri Lanka had committed genocide against its Tamils and a declaration of punitive sanctions against former Presidents Mahinda Rajapaksa and Gotabaya Rajapaksa over unsubstantiated war crimes allegations, especially during the last phase of the war to defeat “the world’s most ruthless terrorist outfit” the LTTE.

Did Parliament seek UNDP’s assistance or did the UN intervene on its own? The UN has had a murky past here, especially during the war years when it only posted Westerners. One such Resident Representative even went to the extent of wanting to declare its compound in Colombo a refugee camp for Tamils obviously to create a new problem for Sri Lanka. Luckily for us our then much loved Foreign Minister Lakshman Kadirgamar, later assassinated by the LTTE, had the guts to tell the world body, obviously manipulated by the West, where to get off.

Bankrupt Sri Lanka is at a crossroads. With political parties unable to reach consensus on a tangible recovery plan over a year after outspoken Governor of the Central Bank Dr. Nandalal Weerasinghe acknowledged Sri Lanka’s inability to meet her obligations, Parliament seems to be the mother of all problems.

Responding to The Island query in this regard, Kubota has sent us the following response: Kevin Deveaux is here in his capacity as an expert consultant. Deveaux is also a former UNDP parliamentary development advisor supporting all of our programmes in the world. The former Canadian lawmaker is here as part of the integrated economic governance mission which looks at our current Parliament development programme and advises on future activities. As you know, we have a longstanding programme with the Parliament. The meeting was a courtesy call to initiate the exercise.”

UNDP’s efforts should be appreciated. However, UNDP Colombo that had funded projects implemented by Parliament here cannot be unaware of the pathetic status of Sri Lanka’s parliamentary democracy. Further funding wouldn’t make any difference as long as those at the helm lacked political will to take remedial measures. Sri Lankan leadership, regardless of who exercised the power at any given time since 1977, seems hell-bent on pursuing corrupt practices, regardless of consequences. The accusations exchanged between the government and Opposition benches repeatedly prove that Parliament is the worst offender and directly responsible for the unprecedented economic crisis.

Parliament standards hit a new low late last month when first time entrant Ali Sabri Raheem of the Muslim National Alliance (MNA), was caught trying to smuggle in gold and smartphones worth Rs 74 mn and Rs 4.2 mn respectively, through the VIP channel of the Bandaranaike International Airport (BIA). The arrest was made after he arrived from Dubai, his sixth visit to that destination since 01 March, this year! The following day, he coolly entered Parliament and exercised his vote in support of the Opposition when the government successfully moved a resolution against the then Chairman of the Public Utilities Commission Janaka Ratnayake.

Having declared the UNDP’s involvement with Parliament for over a decade at an orientation workshop for youth representatives of Sectoral Oversight Committees of Parliament, at Waters Edge, Battaramulla, on 13 June this year, Kubota must surely be ashamed of the developing situation. Speaker Abeywardena has declared that he didn’t have the power to deal with the errant MP who seems to have visited Dubai more than his electorate Puttalam since March, this year.

Addressing the event at Waters Edge, Kubota explained the UNDP’s role here to the gathering. The audience included President Ranil Wickremesinghe, who also serves as the Minister of Finance as well as Defence, Premier Dinesh Gunawardena, Speaker Mahinda Yapa Abeywardena and Opposition Leader Sajith Premadasa. Kubota stressed that the UNDP backed initiatives to strengthen Parliament. Such initiatives were meant to foster democracy and promote what Kubota called sustainable and inclusive development.

The President’s Office quoted Kubota as having said that UNDP’s global collaboration with parliaments around the world focused on strengthening all their core functions. “These functions include lawmaking, oversight, representation and budget scrutiny. While doing so, we hope to further enhance the inclusivity and representation of the people. We promote a greater oversight of transparent governance processes and to improve the effectiveness of its functioning. The current programme we have with the Parliament of Sri Lanka is one of such flagship partnerships in the Asia Pacific region.”

We would beg to ask how transparent is the UN about its own internal governance, especially inside the UNDP in particular when it picks heads to third world countries.

It would be pertinent to ask the Speaker’s Office about the total amount of UNDP funds spent on various projects meant to strengthen Parliament over the past decade. Obviously, as Kubota disclosed at the Waters Edge event, the UNDP had intervened in Parliament during the tail end of Mahinda Rajapaksa’s second term. Had the UNDP funded projects achieved desired results? Perhaps, the UNDP should at least confidentially assert the situation.

What ails Parliament?

Utterly corrupt, extravagant and incorrigible political party system has ruined Parliament. That is the ugly truth. The parliamentary system has deteriorated to such an extent the Parliament now appears to have developed an in-built system to protect those engaged in corruption at every level even though the judiciary from time to time delivered far reaching judgments.

There cannot be a better example than the Supreme Court judgment (SC [FR] 209/2007) on Attorney-at-Law Vasudeva Nanayakkara MP vs the then Finance Minister K.N. Choksy PC and 30 others in respect of the controversial sale of shares of Lanka Marine Services Ltd (LMSL), a wholly owned profit-making company of the Ceylon Petroleum Corporation (CPC). The three-judge bench comprising then Chief Justice Sarath Nanda Silva, R.A.N.G. Amaratunga and D. J de S. Balapatabendi, on 21 July, 2008 reversed the sale of LMSL shares to blue chip company John Keells Holdings Limited. The apex court found fault with Dr. P.B. Jayasundera for working in collusion with Susantha Ratnayake the then Chairman of John Keells for the benefit of the conglomerate and ordered him to pay half a million rupees to the State. Click the line for the LMSL judgment (https://whistleblower.org/wp-content/uploads/2018/12/LMS_SC_Judgment.pdf)

By the time SC delivered this judgment Dr. P.B. Jayasundera who executed the deal during the UNP-led UNF government in his capacity as the Chairman of PERC (Public Enterprise Reforms Commission) served the President Mahinda Rajapaksa government as the Secretary to the Ministry of Finance. Petitioner Vasudeva Nanayakkara at the same time served as a member of the Cabinet. Dr. PBJ continued as the Finance Secretary till 2015 whereas Vasudeva Nanayakkara served as a Cabinet Minister. All forget that the Secretary to a particular ministry is the Chief Accounting Officer.

Unfortunately, our political party system conveniently forgot this judgment. Had political party leaders took notice of that judgment, they would have been accountable to Parliament. Unfortunately, the SLFP-led UPFA disregarded that judgment. In fact, the Rajapaksas brought back Dr. P.B. Jayasundera as the Secretary to President Gotabaya Rajapaksa following the November 2019 presidential election. Then President Gotabaya Rajapaksa appointed Susantha Ratnayake as Chairman of BOI.

As the custodian of public funds, the Parliament should have acted on the LMSL judgment. The failure on the part of Parliament to go the whole hog should be examined, taking into consideration the fact that Vasudeva Nanayakkara couldn’t have moved the Supreme Court if not for the thorough inquiry conducted by the Committee on Public Enterprises (COPE) under the leadership of lawmaker Wijeyadasa Rajapakse. At the time Wijeyadasa Rajapakse investigated the LMSL deal, he hadn’t received the title of President’s Counsel.

Had there been a consensus among an honest group of MPs backed by the civil society, disclosures made by parliamentary watchdogs could have paved the way for lawsuits. Instead, political parties represented in Parliament seemed to have reached a general agreement that such disclosures wouldn’t end up in court cases. Strangely, the usual rabble-rousers, the plethora of Western funded NGOs, who scream bloody murder on issues of interest to their pay masters, were dead silent on issues like these

KJ’s USAID project

Secretary General, Parliament Kushani Rohanadeera addresses the meeting attended by Deveaux. Jaffna District SLFP MP and Deputy Chair of committees Angajan Ramanathan sits next to Rohanadeera (Pic courtesy Parliament)

The UNDP’s impact on Parliament cannot be discussed without taking into consideration an unprecedented agreement between the USAID and Parliament finalized in 2016.

In early March, 2016 USAID (United States Agency for International Development) sponsored a conference for members of the Committee on Public Accounts (COPA) and the Committee on Public Enterprises (COPE) and officials from the Finance Ministry and the Auditor General’s Department.

The conference was meant to help strengthen overall transparency, accountability and effectiveness of governance. At the time of the launch of the project, Karu Jayasuriya served as the Speaker with the UPFA’s Lasantha Alagiyawanna and JVP’s Sunil Handunnetti as Chairmen of COPA and COPE, respectively.

Unfortunately such projects didn’t make any difference. Recently Lasantha Alagiyawanna, who had been re-elected as the Chairman of COPA, declared that instructions issued by him in 2016 to revenue collecting authorities hadn’t been carried out even in 2023. Therefore, the public can safely assume that successive governments allowed the deterioration of public finance by turning a blind eye to rampant corruption at every level.

USAID projects here align with their much-touted free and open Indo-Pacific -in other words countering growing Chinese influence in the region.

In late Novenber 2016, USAID launched a Rs. 1.92 billion (USD 13 mn) three-year partnership with Parliament here to strengthen accountability and democratic governance in Sri Lanka. The US Embassy quoted USAID Mission Director Andrew Sisson at that time as having said: “This project broadens our support to the independent commissions, ministries, and provincial and local levels of government.”

Among those present were Chairs of the Sectoral Oversight Committees and Independent Commissions. Did the USAID and Parliament achieve intended targets? If those high profile projects were successful, Sri Lanka wouldn’t be in its current sorry state. Having to kneel before the International Monetary Fund (IMF) for the 17th time, Sri Lanka is experiencing its worst post-independence crisis. Perhaps Parliament and USAID should disclose a comprehensive audit on the USD 13 mn project against the backdrop of its failure. The US Embassy is on record as having said that the project enhanced capacity building of the Sectoral Oversight Committees and staff, and improvement to the Parliament’s Standing Orders.

Karu Jayasuriya, now the Chairman of NMSJ (National Movement for Social Justice)l owed the country an explanation regarding the status of foreign-funded projects implemented during his tenure as the Speaker.

Impact of other projects

It would be pertinent to ask those at the helm of government leadership whether various foreign funded projects improved good governance and achieved their other objectives. Perusal of USAID overview of Sri Lanka pertaining to governance indicated the ongoing projects and funds made available [1] USD 19 mn social cohesion and reconciliation project implemented by Global Communities (July 2018-Dec, 2023) [2] Analysis of social cohesion and reconciliation implemented by US Institute of Peace at a cost of USD 700,000 (Aug, 2018-Feb, 2024) [3] USD 15 mn project implemented by Chemonics International Inc. to strengthen the justice sector, including the Justice Ministry and Office of Attorney General (Sept. 2021-Sept. 2026) [4] USD 17 mn project carried out by National Democratic Institute, International Republican Institute and International Foundation for Electoral System in support of Parliament and other government institutions, including the Election Commission ( June 2020 – June 2024) [5] USD 14 mn worth project in support of civil society meant to achieve good governance reforms and strengthen accountability. Implemented by Management Systems International (Feb. 2018-Aug. 2024) [6] USD 7.9 mn scheme to strengthen media implemented by International Research and Exchanges Board Inc. (Aug. 2017-April 2023) [7] SAFE Foundation implemented programme at a cost of USD 3.9 mn aimed at combating human trafficking (Oct. 2021-Sept. 2026) [8] USD 1.6 mn project to enhance protection for those threatened by gender-based violence (Oct. 2021-Sept. 2026). Implementing agency Women-on-Need [9] USD 3.6 mn project for the benefit of plantation community implemented by Institute of Social Development (June 2022-June 2027) and [10] a staggering USD 19 mn project meant to strengthen the civil society unnamed private agencies (Sept. 2022-August 2027). Click the line for USAID statement: :https://www.usaid.gov/sri-lanka/democracy-human-rights-and-governance

Sri Lanka needs to keep track of foreign funding for various projects in line with overall national security objectives. There is no denying the fact these high profile projects haven’t achieved intended objectives those engaged in the NGO industry benefited immensely. The recipients of massive foreign funding during the war to secure a negotiated settlement ended up richer while the LTTE leadership perished on the Vanni east front thanks to the numerous sacrifices made by our security forces. A Norwegian government study released in 2011 disclosed the vast amounts provided to well over a dozen NGOs to facilitate a negotiated settlement with the LTTE leadership that was utterly confident of a convincing battlefield victory over the Army.

Foreign investments here, both in the public and private sectors have to be closely examined to ensure funds are not misused. In respect of EU and USAID funding, it would be pertinent to ask whether those who implemented those projects achieved desired goals. Any foreign funding should be investigated taking into consideration the 2016 revelation that the US funded the 2015 change of government here, having earlier failed to ensure General Sarath Fonseka’s victory at the 2010 presidential poll.

No less a person than the then US Secretary of State John Kerry revealed in 2016 that the State Department spent a staggering USD 585 mn ‘to restore democracy’ in Nigeria, Burma and Sri Lanka in 2014/2015. Who in the NGO and civil society network did receive US funds here? What were the projects utilized by the sponsors and did any political party or political party leaders receive funds?

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President Wickremesinghe meets UNDP head Kubota at the Presidential Secretariat on 16 June(Pic courtesy PMD)

Close on the heels of Colombo-based UNDP Resident Representative Azusa Kubota’s meet with Speaker Abeywardena, in the company of International expert on parliamentary development Kevin Deveaux, she held talks with President Ranil Wickremesinghe on Friday (16 June). The discussion centered on UNDP help to build capacity of the Parliamentary Oversight Committees and youth engagement in public policy. The President’s Office last week rejected a controversial report on the proposed privatization of national telecommunication provider Sri LankaTelecom (SLT) by the Sectoral Oversight Committee (SOC) on National Security. The SOC report has placed the government in an embarrassing position. Instead of addressing the issues raised by SOC, chaired by retired Rear Admiral Sarath Weerasekera, MP, the government has simply rejected it out of hand on the basis of former Public Security Minister Weerasekera’s failure to consult the relevant security authorities.



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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