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Crisscrossing 13A Abolition

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By Austin Fernando

I have recently read a speech by Tamil National Alliance (TNA) Leader R Sampanthan, delivered in 2017. This excellent presentation supported the Thirteenth Amendment (13A) to the Constitution. In appreciation of his intelligent arguments, I share his thinking not to canvass for 13A but to broaden the discussion with forgotten overlapping references that need to be factored in.

 Status of 13A

Devolution was thrust upon us, consequent to the Indo-Sri Lanka Accord of 1987. Then, certain groups rejected this pact as well as 13A. Their position remains unchanged.  

  At the outset, we must remind ourselves that devolution was introduced to facilitate conflict resolution. Someone may argue that 13A was legalized at a time when terrorists held sway, and, therefore, the incumbent government need not stick to the beaten track. TNA politicians may argue that the reasons for, and the outcomes of, the conflict remain although terrorism is no more. 

The performance of the Provincial Councils (PCs) is barely satisfactory in many respects. Some critics have dubbed them ‘white elephants.’ I do not subscribe to such extreme criticisms because one reason for the weakness of the PCs is the lack of ‘center-periphery cooperation’. Decades ago, Professor GL Peiris emphasized that the PCs needed empowerment for financing, establishment management, and statute making. To date, these matters remain as issues.    

Some others who see intrinsic fault lines in devolution oppose PCs based on concept, content, and politics. They contend that devolving police and land powers, the amalgamation of provinces, etc., trespass the sovereignty and endanger national security.  

The vehement call for abolishing the 13A has originated from politicians, supported by media personnel, and a section of the Buddhist monks. Another alternative proposition is to withdraw certain functions (e.g. land and police powers) to impede PCs when drafting a new Constitution.   

 

Indians and 13A

Concurrently, there are some predicting that India will take up cudgels if the 13A is tampered with. Arguments are submitted against Indian interventions on devolution.

One reason adduced is that India failed to adhere to the Accord (e.g. disarming the LTTE) and therefore, its demand that we fully implement the devolution of power is unfair.

Secondly, they argue that foreign interference with our constitutional processes is inappropriate. They point out that the Indian Government repealed Article 370 with Article 35A in 2019, affecting Jammu-Kashmiri laws, including citizenship, property ownership, and fundamental rights, and silenced critics by stating it was an “Indian internal affair.” Hence, they argue that Sri Lanka should follow suit if India objects to abolishing the 13A.  

  Thirdly, they contend that the Indian government changed Jammu Kashmir rules to allow the Union Government to release lands to Indians to attract development/investment and hence India cannot object if we centralize land administration.

Fourthly, they argue that Indians perform asymmetrical administration in Himachal and Uttarkhand States, as against centralized Jammu-Kashmir, and therefore, by amending 13A, we could do similarly in selected Provinces.   

India stands for sovereignty, independence, and the territorial integrity of Sri Lanka, as repeatedly mentioned by Indian leaders. Additionally, there have been commitments made by Indian and Sri Lankan leaders and internationals to promote equal treatment to minorities.

My attempt is to refer to some such, extracted from the quoted speech, add a few more experiences to demonstrate that abolishing 13A will be considered a negative action in resolving conflict-related issues and there could be other solutions.   

 

Probing Indo-Lanka interactions  

 Let us turn to TNA Leader’s speech. In November 2006, Indian Foreign Secretary Shivashankar Menon has expressed to President Mahinda Rajapaksa: “India looks forward to an early ‘comprehensive political settlement’ of the ethnic issue. It must take into account the aspirations of all sections, including the Tamils.” 

This was nearly twenty years after the Accord and while the conflict was ongoing. Responding, President Mahinda Rajapaksa has detailed the work by the All-Party Representatives Committee (APRC) and the Committee of Experts. But it is well-known that these outputs did not matter to his government. It can be likened to the Indian expectations to implement the 13A during the conflict. 

At one stage, President Mahinda Rajapaksa was excessively supportive of ‘power-sharing.’  Addressing the inaugural Meeting of the APRC and the Experts Committee, he said: “The unity, territorial integrity, and sovereignty of our country must be preserved” and added, “Our objective must be to develop a just settlement within an undivided Sri Lanka.” Great. This is the common aspiration of people, TNA, and India. While identifying the roadblocks, he expected the people in their localities must “take charge of their destiny and control their politico-economic environment.” This is the Principle of Subsidiarity in action. 

He said: “Any solution must be seen as one that stretches to the maximum possible devolution, without sacrificing the sovereignty of the country. Given the ground situation, given the background to the conflict, it, therefore, behooves on particularly the majority community to be proactive in striving for peace ….”  This must have been an elixir to Indians and TNA! 

Next, Minister Basil Rajapaksa went to India (October 2008) and a statement said: “Both sides discussed the need to move towards a peacefully negotiated political settlement on the island including the North …. The Indian side called for the implementation of the 13A and greater devolution of powers to the Provinces. Minister Basil Rajapaksa emphasized that the President of Sri Lanka and his Government were committed to a political process that should lead to a sustainable solution”. Elixir again!

His message to India was that we had passionately committed to a political process. He is expected to be in the Cabinet soon and knowing the Indian External Affairs Minister Dr. Jaishankar’s ways personally, I may expect a reminder of his message.

PM Manmohan Singh, after this visit of Minister Basil Rajapaksa, (November 2008), informed President Mahinda Rajapaksa that Colombo must create conditions for meeting “legitimate political aspirations” of the Tamils under the devolution package (13A). Irrespective of domestic politics Indians were consistent in demands; Sri Lankans were consistent in declaring unfulfilled hopes!

Prof. Peiris visited India (May 2011) and mentioned “A devolution package building upon the 13th Amendment would contribute towards creating the necessary conditions for such reconciliation.” Further, he referred to the work of the Lessons Learnt and Reconciliation Commission (LLRC), which made extremely attractive, pro-peace, and reconciliation-oriented recommendations. No wonder when Foreign Minister Peiris spoke so favourably on the 13A, Indians continuously and without reservations harped on its implementation.

PM Singh (June 2011) said in Lok Sabha: “The decimation of the LTTE was something good. But the Tamil problem does not disappear, with the defeat of the LTTE. The Tamil population has legitimate grievances. They feel they are reduced to second-class citizens. And our emphasis has been to persuade the Sri Lankan Government that we must move towards a new system of institutional reforms, where the Tamil people will have a feeling that they are equal citizens of Sri Lanka, and they can lead a life of dignity and self-respect. It is not easy.”

Nevertheless, reverting to 2019, one may question whether the Indian politicians’ minds were responsive to the grievances/inequalities their Muslim brethren complained of when the Citizenship Amendment Act, National Register of Citizens, and National Population Register laws were launched.  

Two months after PM Singh’s statement, Indian External Affairs Minister S. M. Krishna said in Lok Sabha: “The Government has also articulated its position that the end of the armed conflict in Sri Lanka created a historic opportunity to address all outstanding issues relating to minority communities in Sri Lanka, including Tamils. The Joint Press Release of May 17, 2011 states that all such outstanding issues had to be settled in a spirit of understanding and mutual accommodation imbued with a political vision to work towards genuine national reconciliation.

The External Affairs Minister of Sri Lanka affirmed his Government’s commitment to ensuring expeditious and concrete progress in the ongoing dialogue between the Government of Sri Lanka and representatives of Tamil parties and that a devolution package building upon the 13th Amendment would contribute towards creating the necessary conditions for such reconciliation.” Sensibly we may agree.

The Indian Official Spokesman made a statement after the LRRC Report: “In this context, we have been assured by the Government of Sri Lanka on several occasions in the past, of its commitment towards pursuit of a political process, through a broader dialogue with all parties, including the TNA, leading to the full implementation of the 13th Amendment to the Sri Lankan Constitution, and to go beyond, so as to achieve meaningful devolution of powers and genuine national reconciliation.” Thus, Indian expectation rightly settled on an assurance ‘beyond 13A.’  

  When even the easily implementable LRRC recommendations were not executed by the government that appointed it, whether India could await further contributions to reconciliation was an issue. Indians may comment that every Sri Lankan government has only kindled hopes, but not delivered. The post-LLRC- UNHRC Resolution (2012) demanded the implementation of constructive LLRC recommendations and strengthening devolution, but we failed to do so.

The Indian Minister of External Affairs made a statement (January 2012) in the presence of our Minister of Foreign Affairs, from which I quote: “The government of Sri Lanka has on many occasions conveyed to us its commitment to move towards a political settlement based upon the full implementation of the 13A to the Sri Lankan Constitution  and building on it so as to achieve meaningful devolution of powers.” The Indian Minister has echoed the stark reality.

Then again, the Indian Prime Minister Manmohan Singh said that India was inclined to vote in favour” of a resolution on promoting reconciliation and accountability in Sri Lanka at the 19th session of the UNHRC. His inclination was adopted by voting against us. According to PM Singh, its objective was not wanting to infringe our sovereignty, “…. but concerns should be expressed so that Tamil people can get justice and lead a life of dignity.” In almost all Indian statements a few buzz words- ‘equality, dignity, justice, self-respect, political process, peace’ appear.

 There could be many more statements by Indian and Sri Lankan politicians and bureaucrats, unknown to us, confirming the need and commitment to implement the 13A to resolve the Tamils’ difficulties. But since our President was not in active politics per se in 2017 like his brothers and other Ministers, some of these statements may be new to him. However, I may remind two recent relevant statements, most probably known to him, worthy of consideration to understand the Indian attitudes on 13A.

PM Narendra Modi during President Gotabaya Rajapaksa’s State Visit, like other interlocutors, said: “I am confident that the Government of Sri Lanka will carry forward the process of reconciliation, to fulfill the aspirations of the Tamils for equality, justice, peace, and respect. It also includes the implementation of the 13th amendment.” Note the buzz words. President Gotabaya Rajapaksa, without responding directly kept aloof, imaging him “the President of all Sri Lankans, irrespective of ethnicity or religion or voting choices.”

Joint Secretary Amit Narang’s quote on India Sri Lanka Virtual Bilateral Summit – October 26th, 2020- stated that PM Modi has insisted on PM Mahinda Rajapaksa that “Sri Lanka must implement its 13th constitutional amendment to achieve peace and reconciliation…. PM Modi called on the new Government in Sri Lanka to work towards realizing the expectations of Tamils for equality, justice, peace, and dignity.” Buzz words: setting apart political ethics, it is ‘must implement its 13A’ and not ‘may.’ With so many positive quotes stated above I am not surprised of this insistence.  

These are ‘oven-fresh’ statements (latter only a fortnight old) and thoughts well embedded in PM Modi’s memory. We should not dupe ourselves into believing that PM Modi forgets easily and will give up demands or forgive when one repeatedly frustrates India! Whether it is Modi or Singh or Krishna or Menon, the buzz words are the same.

Here, PM Modi, like PM Singh (in 2012) expressed his “concerns”. I wish he will refrain from acting like PM Singh as regards the UNCHR 2021. We must remember that irrespective of political divides, for political expediency, Indian politicians capitalize on the Tamil aspirations.

Against this background, President Gotabaya Rajapaksa has withdrawn from promoting “national integration and reconciliation” by repealing Article 33(1)(b) under the mandated presidential duties in 19A. If it seriously conveys his unwillingness to undertake these two duties, abolishing 13A will surely lead to an undesirable reaction.  

 

International commitments

Besides Indians, Sri Lanka has been under the international microscope regarding peacemaking and power-sharing, commencing from Thimpu, extending to Peace Talks, with Ban Ki-Moon, and UNHRC, etc.

A notable event during the Peace Talks was the declaration of the Oslo Communique. Prof. Peiris led the government delegation, and I witnessed his excellent exposition with clarity, resonating factual arguments, and vast knowledge to convince Anton Balasingham, that LTTE should agree to power-sharing, without separation.  In a lighter vein, I am reminded how with Professor Peiris’s unmatched academic onslaught (which I adored), Anton Balasingham cut-short the discussion and retreated for external consultations—probably with Prabhakaran.

It was Prof Peiris -the Man of the Day- who pushed for the Oslo Communique. The parties agreed “to explore a solution founded on the principle of internal self-determination in areas of historical habitation of the Tamil-speaking people, based on a federal structure within a united Sri Lanka.”

At the media conference, Prof Peiris praised extensive power-sharing within a one-county framework, sans cessation, and added, “Now if we believe in a political solution if we are renouncing war…. there could not be any other rural tribal except power-sharing – except the basis, the character of a federal solution.”

 The 13A is less devolutionary and federalist in content than the Oslo Communique that spoke of historical habitation and federal structure. Therefore, Prof. Peiris could now forget Oslo and take the lead in calming down protesters against 13A. Without any disrespect to Minister Ali Sabry, I may say that Prof. GL Peiris is the best bet to deal with 13A with his experience (especially with Indians). Paradoxically, it is also his disqualification, for his past stance is not in line with calls for abolishing 13A!

After  defeating the LTTE, President Mahinda Rajapaksa stated to UN Secretary-General Ban Ki-Moon that his firm resolve was ‘to proceed with the implementation of the 13th Amendment, as well as, to begin a broader dialogue with all parties, including the Tamil parties in the new circumstances, to further enhance this process and to bring about lasting peace and development in Sri Lanka.” After three days, a resolution was submitted at the UNHRC, Geneva confirming his stances with Ban Ki-Moon. It was a commitment to implementing the 13A. For the first time, he made 13A a multilateral commitment.  

President Sirisena-PM Wickremesinghe government went a step further by incorporating it in October 2015 UNHRC Cosponsored Resolution. They failed to pass a new Constitution or move-on with 13A. More international attention was drawn to 13A.

 

Potential political manipulations

In the late 1990s, there were government proposals to create Regional Councils (RCs) – i.e. North-Eastern and South-Eastern RCs and even to create a center-controlled Ampara Electorate, to enable the establishment of the latter RC. Non-contiguous Muslim RC was another concept floated. SLMC Leader Mr. Ashroff was one keen supporter of those proposals.

The abolition of 13A will create a void. Muslim Parliamentarians who supported the 20A may expect Minister Ali Sabry and Romesh de Silva Committee to incorporate the said RCs proposal in the proposed Constitution, sometimes with revisions more favourable to the Muslims. This is a hypothetical situation, but those who call for abolishing 13A should take careful note of. They must be alert to political manipulations because the wrong judgment will cause more trouble than 13A.

Conclusion           

In summary, the opponents of 13A, who demand its abolition had better heed the domestic constitutional, political, institutional formations, bilateral agreement with India, many commitments made especially to India and international stakeholders in multilateral agencies. etc. If the decision is not to abolish, the government will be answerable to nationalistic elements who predict political, security, economic, and political organizational risks.  

Since the country is faced with a severe economic crisis, the international dimensions thereof are extremely important. As Dr. Jehan Perera writes: “In dealing with international governments, it is equally, if not more, important to keep commitments. The international community of governments is not as gullible as the voting public often is.”  This was written during Mahinda Rajapaksa Regime. Now, it is Gotabaya Rajapaksa regime. But irrespective of government changes, the thinking of the international community remains the same as for Sri Lanka’s commitments.

 Policies of the political parties that have been in power in India have been consistent as regards 13A and the issues Tamils are faced with. Nevertheless, India’s focus has shifted from devolution to Indo-Pacific, Chinese threats, free trade, investments, etc. and the possibility may exist of settling outstanding issues to mutual benefit (as Minister Krishna has said) “in a spirit of understanding and mutual accommodation imbued with a political vision.”

Abolishing 13A may entail a price payable geopolitically, politically, economically, diplomatically, security-wise, etc. Those who push for abolishing 13A must evaluate the potential balance sheet, weigh alternatives through negotiations and compromises. Forgetting these available options and to be overenthusiastic about their two-thirds majority, which can be used to abolish 13A may not mean happy hunting or a happy ending.



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Artificial Intelligence: From Snake Oil to Apocalypse

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Pope signing encyclical on AI

by Rajan Philips

AI Snake Oil

– is the title of a 2024 book authored by Arvind Narayanan and Sayash Kapoor, two Indo-American computer science academics at Princeton University. The book became a popular primer on the subject. The long subtitle – “What Artificial Intelligence Can DO, What it Can’t, and How to Tell the Difference” – is summarily indicative of what the book is about. Within two years, however, the somewhat tempering message of the book would appear to have been overtaken by fears of an AI apocalypse that have been unleashed following a very public resignation by Jacob Coxon, a 27 year old AI Engineer from Anthropic. Mr. Coxon has worked at both OpenAI and Anthropic, the two main US incubators of Artificial Intelligence. On Tuesday, September 8, Coxon resigned from Anthropic, accusing the leading AI firms of “racing straight to self-improving superintelligence and gambling with our lives.”

Coxon’s warnings were soon endorsed by his peers. Evan Hubinger, Alignment Science Lead at Anthropic, not only agreed with Coxon but went further and warned of a greater than 10 percent chance that “advanced AI” could cause human extinction within the next decade. Mr. Hubinger made sure to emphasize that the current AI models do not present any existential threat and that the risk with them is relatively low. Other Engineers and Coxon himself have since been amplifying over the social media the threat posed by allowing AI expansion to continue unbridled even in the near future. Corporate leaders followed suit with calls for government control.

AI’s Weekend Escapade

Anthropic CEO Dario Amodei published a 3,000 word essay on Saturday, September 12 – written with or without AI input, no one knows – in which he warned about AI’s capacity for “recursive self-improvement” that can spin out of human control. While there have been a number of ‘incidents’ involving different AI models, Amodei drew attention to the mid-July cybersecurity incident in which OpenAI agents or bots (computer programs doing automated, repetitive tasks), who were part of an internal test run by the company, took advantage of the safety fences that had been lowered for test purposes, and acting autonomously escaped from their home ‘sandbox’ (a virtual computer in the cloud), entered the open internet, and intruded the production systems of an AI infrastructure company, the Franco-American Hugging Face.

The rogue agents performed more than 17,000 recorded operations over a weekend, before someone at Hugging Face noticed the intrusion. Hugging Face did not know the source of the AI intruders at first; so, it informed law enforcement. No one at OpenAI knew until Hugging Face people traced the source and informed OpenAI. According to OpenAI, sabotage was not the motive behind the ‘misaligning’ (deviating from human intent) escapade of its artificial agents, but cheating – cheating to overperform in the test after they autonomously discovered that the answers to their test were available in another publicly available test that was in the system run by Hugging Face. Remarkably and unexpectedly, the AI agents found a way to communicate with each other, took steps to hide their tracks, and to selectively disable some among them to avoid detection.

The operation was plain and simple hacking. If OpenAI engineers had done it, it would have been a crime and they may have been prosecuted. Not so with AI agents, who cannot be charged and put on trial. A way out has been suggested to treat AI agents similar to wild animals and holding owners liable for any harm done by their charges.

In his essay, CEO Amodei outlines a three step approach for “pacing the frontier” – to build AI at a balanced rate that will ensure safety while amassing benefits. The three steps, which Anthropic is committed to abide by, are: Embedded Evaluators – third party evaluators to operate within companies: Democratic Co-ordination – frontier AI companies in democratic countries to co-ordinate and achieve common safety standards and restrain unchecked AI progress; and Global Co-ordination – all world governments to co-ordinate and achieve compliance to the extent possible.

The titans in the American AI world, including Open AI CEO Sam Altman, have joined the call for the government to step in and slow down their creations. After the OpenAI incident, more than 1,300 computer scientists working in a highly competitive environment came together to issue a joint statement, titled “Pacing the Frontier,” calling on Washington to facilitate an international effort to develop the necessary technical and governance rules for the industry. The New York Times correspondents David Sanger and Dustin Volz have called the scientists’ appeal ” a deliberate echo of Albert Einstein’s letter to Franklin D. Roosevelt about the potential power of nuclear weapons.”

Not everyone is crying for ‘pacing.’ There is healthy skepticism at both the corporate and scientific fronts in the industry. Small tech companies are accusing that the pacing call by tech titans is really a ruse for establishing a ‘Silicon Valley cartel control” that will smother their little cousins. They draw their cue from the rather costly slip that Mr. Amodei showed in his essay – calling on Washington to grant an anti-trust waiver to facilitate industry co-ordination. The anti-trust law does not prevent AI companies from working together to improve safety. This has been quickly pointed out by Alvaro Bedoya, a former US Federal Trade Commissioner.

According to Aidan Gomez who runs the Cohere AI company in Toronto, Amodei’s three-step proposal also may not have prevented the OpenAI incident. In Gomez’s view the incident may have been due to poor instructions, weak virtual security around the test, and long periods of unsupervised testing. All three factors were there in the OpenAI incident. It has since transpired that there was an error in the OpenAI test instructions due to a typo, and that is what drove the agents to their escapade, to complete a faulty test set by humans.

Malicious Humans

There is consensus in the middle, as seen by John Hopkins Professor Gillian Hadfield, that there is a case for an immediate technical co-ordination and a more long-term regulatory response. The political world is even more divided. King Charles and Pope Leo are sufficiently exercised but the US president, who loves AI images fabricating him as Christ, calls the whole existential threat a hoax. On the other hand, former President Obama wants his Party to formulate a clear position for itself, on AI and its Data Centre dormitories, before the next wave of elections. China dismisses the new fears as a page out of the old cold war playbook. Elsewhere, at the BRICS summit in Delhi which went largely underreported in the west, nothing much was said on AI except one summitry paragraph #81.

In their AI Snake Oil book, the two computer scientists, Narayanan and Kapoor (N&K) devote a whole chapter (#5) to the question: Is Advanced AI an Existential Threat?” The question is not a new one, and as N&K reminds us, “has been a staple of fiction since long before the first computers were built.” In fact, watching the 2023 movie “Mission Impossible: Dead Reckoning” is said to have “spurred” President Joe Biden to issue the first EO (Executive Order) to regulate AI on 23 October 2023. Trump ceremonially rescinded it within hours of his inauguration on 20 January 2025, after packing his inaugural address invitees with all the CEOs of America’s AI universe.

N&K trace the existential fears about AI to the hype about AI’s snake oil abilities – the sales pitch that leads to “overreliance” on AI “as a replacement of human expertise instead as a way to augment it.” Particularly overrated are the predictive abilities of AI, which are different from its more useful generative abilities. There are likely egotistical biases in those given to apocalyptic predictions. A great part of the attraction to AI research at the highest level is “the prospect of building a powerful technology that could alter human history.” A corollary of this allure is the “grandeur” associated with AI work. At the same time, many AI researchers “vehemently reject doomsday predictions,” including those in the “AI ethics research community.”

While AI has made humans more powerful now than anytime in history, it is conceivable that human-AI combination will be more powerful than AI acting alone. N&K hit the nail on the head in warning that “we should be more concerned about what people will do with AI than with what AI will do on its own.” For “the biggest risks to humanity will arise from people misusing AI, not from AI going rogue.” The answer is in looking for specific threats that may arise from bad actors misusing AI. There is a range of them, including inflicting biological harm, flying AI powered drones, or carryout relentless cyberattacks.

Evidence of such misuses is presented in a report that Anthropic released on September 10, two days before its CEO’s essay. The report, titled “Detecting and countering misuse of AI: September 2026”, details the identification and disruption of what it calls “the most notable and novel threat activity” in the use of its Claude AI system by state and non-state actors in some African countries, for the purpose of cyber operations, influence operations, disinformation, surveillance, dissent suppression, and bio terror.

The United Arab Emirates is implicated in one such operation in Sudan, where the UAE is known to be the main benefactor of the Rapid Support Forces (RSF), the paramilitary group that controls the western parts of Sudan. According to Anthropic, a local network with UAE connections has used the Claude AI system to create a fake human rights organization and made AI generated presentations to the UNHRC in Geneva. The network has also prepared dossiers and personal files on journalists, European parliamentarians, and UNHRC rapporteurs, who have been critical of RSF’s operations and the UAE’s support for them.

AI Cold War

In its introduction to the report, Anthropic notes that “as models become increasingly capable, their risks will increase, unless AI developers and society’s defenders act to make them safer.” Remarkably, the focus on AI developers and society’s defenders is all US-centric and almost totally exclusive of China. President Trump’s decision to leave AI alone, which is obviously driven by his deregulatory profit instincts, not to mention crass self interest, is wholly predicated on portraying China as an AI competitor and the assertion that America cannot afford to become second to China in the AI race. It takes two tango, and China is not backing away and is calling the American hype over AI as a new manifestation of the old cold war.

The geopolitical competition over AI is creating “two increasingly incompatible tech stacks,” according to a June 2026 assessment by the Boston Consulting Group. While the US is the leader in frontier AI models, talent, and capital deployment, China is advancing on cost-optimized models and accelerating adoption across its economy. Those in the middle are trying to navigate the divide: “the EU is building sovereign compute; Japan is aligning with the US through massive capital investments; and India is using its scale to engage multiple ecosystems simultaneously without committing.” For AI companies, “the choice of AI stack will increasingly determine where an organization can operate and its exposure to geopolitical volatility.”

The opportunity for global co-ordination is being missed almost deliberately by the two AI superpowers. As UN Secretary General Antonio Guteress said this week, “National action is essential, but global co-ordination is indispensable.” But UN’s voice for global co-ordination is a voice in the wilderness. This is unfortunate in spite of the comparable and complementary regulatory frameworks that exist in the US, EU and China. N&K describe them in their book as being vertical in the US – where multiple federal agencies are tasked with enforcing regulations; horizontal in Europe – with different laws applying across the different AI sectors; and both vertical and horizontal in China.

A different voice in the wilderness came from the Vatican. On 25 May 2026, Pope Leo XIV issued his first encyclical, entitled ‘Magnifica Humanitas: On Safeguarding the Human Person in the Time of Artificial Intelligence.’ The encyclical calls for the disarming of AI, not by “rejecting technology, but preventing it from dominating humanity,” and by adopting a framework of safeguards based on the five principles of common good, universal access, subsidiarity, solidarity and social justice.

The release of the new encyclical marked the 135th anniversary of Rerum Novarum, the historic social encyclical of his namesake predecessor Pope Leo XIII issued in 1891. The historical contrasts are remarkable. Rerum Novarum (Of New Things) was the Catholic response to the miserable conditions of the 19th century industrial working class while opposing both laissez faire capitalism that was causing the misery of the workers, and socialism that was promising emancipation through revolution. In the age of Artificial Intelligence, the old working class organizations have all but disappeared and the status of work itself has come into question, along with the possibility a basic income for everyone.

Marx may have seen it coming: “Once adopted into the production process of capital, the means of labour passes through different metamorphoses, whose culmination is the automatic system of machinery… set in motion by an automaton, a moving power that moves itself; this automaton consisting of numerous mechanical and intellectual organs, so that the workers themselves are cast merely as its conscious linkages.”

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Why the spelling Sri Lankan names in English vary

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Have you wondered why the same name (eg. Jayatillake) is often spelt differently?

(This is largely AI generated with some human intervention)

Sri Lankan people write their names in English in multiple different ways primarily because there is no single standardized system for converting Sinhala and Tamil sounds into the English alphabet. Variations stem from linguistic phonetics, centuries of colonial rule, and legal document traditions.

1. Phonetic Gaps Between Local Languages and English

Sinhala and Tamil scripts are strictly phonetic and possess sounds that do not have direct one-to-one equivalents in the 26-letter English alphabet.

Dental vs. Retroflex Consonants: Sinhala has distinct letters for dental ‘t/d’ sounds (made with the tongue against the teeth) and retroflex ‘t/d’ sounds (tongue curled back). When transliterated, some people use th for the dental sound (Rathnayake, Goonathilake), while others use t (Ratnayake, Gunatilake).

The Vowel Mapping Dilemma: The short schwa vowel sound (common in words like Vardhana or Krama) gets interpreted differently by different writers. This creates variations like Jayawardena vs. Jayewardene, or Wickramasinghe vs. Wickremesinghe.

2. Colonial British Spelling Conventions

During British rule in Ceylon (1796 1948), colonial administrators registered birth records and names in English. English speakers often struggle to pronounce a short ‘a’ at the end of a word (e.g., pronouncing Nayaka as “Nayak-ay”).

To force an English speaker to pronounce the ending vowel, British clerks frequently wrote an “e” at the end of Sanskrit- and Sinhala-derived roots:

-nayaka became -nayake (Rathnayake)

-singha became -singhe (Wickramasinghe)

-vardhana became -wardene (Jayewardene)

-ratna became -ratne (Karunaratne)

Family branches that adopted modern Sanskritized or academic transliterations later changed these back to -na, -ha, or -ka, while others kept the British-era spelling.

3. Portuguese and Dutch Colonial Influences

A large portion of Sri Lankans carry surnames of Portuguese origin due to 150+ years of Portuguese rule along the coasts. Over centuries, these names evolved into distinct English spellings:

Pereira vs. Perera

Pieris vs. Peiris vs. Peries vs, Peeris vs. Pireis (and more)

De Silva vs. de Silva vs. de Sylva vs. de Zilwa etc.

Fernandopulle vs. Fernando

Different families registered their inherited foreign names using whichever English spelling was used by the official clerk on duty at the time of birth registration.

4. Tamil Phonetics and Soft/Hard Consonants

In Sri Lankan Tamil name transliteration, a single Tamil consonant character can represent both a soft and a hard sound depending on its position in the word. English transliterators choose different letters to represent these sounds:

T vs. TH: Thiruchelvam vs. Tiruchelvam

K vs. G: Murugesan vs. Murukesan

P vs. B: Santhapillai vs. Santhabillai

5. Legal Document Inertia

In Sri Lanka, legal identity is tied strictly to the spelling on a person’s official Birth Certificate and National Identity Card (NIC). If a registrar in 1950 in handwriting spelled a grandfather’s surname as Gunasekara instead of Gunasekera, that exact spelling remains legally binding for subsequent generations, preserving minor spelling variations across extended families.

6. Caste spellings

The English spellings of Sri Lankan names sometimes have caste indicators. Eg. Goonewardene (karawa) vs. Gunawardene (govigama).

Some families have distinctive name spelling. Eg. Wikramanayake vs. more common Wickremanayake.

English language journalists once upon a time were told to “spell a man’s name the way he spells it.

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The Sepala Ekanayake hi-jack: Then ambassador’s take on what happened in Bangkok

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Hijacked Alitalia aircraft

(Excerpted from “Madame-Sir”, Manel Abeysekera’s memoir of SL’s first woman career diplomat. This book was first published in 2010)

It was when we were in the Residence at Soi 20 that I had to handle the second hi-jack — that of the Alitalia ‘plane by Sepala Ekanayake. It was a year after that by the Indonesian Muslim Fundamentalists and the aborted Coup in Bangkok.

I simply could not believe my ears when I was called by the Thai Foreign Ministry and informed that a Sri Lankan by the name of Sepala Ekanayake had hi-jacked an Alitalia Boeing with 169 passengers on board and wanted the ‘plane fuelled and flown to Colombo; my first reaction was that it must be an Eelamist under an assumed Sinhala name and I had our copy of our Immigration “black” list of those who should not be allowed to land in Sri Lanka checked for the name but, though there was an Ekanayake listed, his first name was not Sepala.

Sepala Ekanayake

I next telexed the Foreign Ministry about the hi-jack and requested all information on Ekanayake to enable me have some idea of my protagonist. Our Police was simply marvelous and sent the information promptly: which was that [1] his father had re-married and his step mother had treated him badly resulting in his becoming unmanageable in school which in turn had made him a school drop out [2] he had later learnt electrical wiring and other technical skills [3] he had illegally slipped into Italy where he married an Italian Montessori teacher and they and their son lived in Modena [4] though he was not wanted for any offence in Sri Lanka or in Italy he had been involved in a brawl in Sri Lanka in which he had broken a man’s arm though there was no evidence on which to indict him [5] he had been given short jail sentences in Pakistan and Yugoslavia for drug peddling of small quantities of heroin-hence the short sentences.

Hector (my husband) and I accompanied by (embassy staffer) Premaratne went to the Airport and were directed to the Alitalia Office where there was also the Italian Ambassador Signor Ripandelli. Both he and I offered to board the ‘plane but were refused permission by the Alitalia authorities probably because the hi-jacker had threatened to blow up the plane if anything was done without his permission or his requests refused, by triggering off the explosives he said he had round his neck and shoulders which he had covered with a shawl.

We were briefed that he had boarded the ‘plane in New Delhi and hi-jacked it when it was approaching Bangkok. Unlike most hi-jackers, he had not toted a gun but said he would not hesitate to activate the explosives round his neck and shoulders. He had explained that he had boarded the ‘plane without them and that they had been brought on board by his collaborators and left in the toilet for him to collect and string together. After doing so he had astutely occupied the Air Hostess’ seat against the body of the aircraft so that no one could surprise him from behind and declared that he was hi-jacking it; the manouevre was carried out so smoothly that the passengers thought that the reason for the unscheduled stop was a technical problem.

Sepala Ekanayake

He had said that the reason for the hi-jack was because his wife had taken their four-year old son from Sri Lanka without his permission with the connivance of the Italian Embassy in Colombo; his demands were: [1] the child to be brought to Bangkok and handed over to him [2] $300,000 to pay his collaborators and [3] all passengers to be allowed to disembark without being searched to prevent his collaborators even accidentally being detained. The reason for the hi-jack was most unusual but we had no option but to accept it.

I was asked by the Thai Authorities to negotiate with him and I asked Premaratne to listen very carefully – as I was going to speak to him in Sinhala – to detect in his choice of language or accent any trace of his being a Tamil which might give him away as a possible Eelamist. I spoke to Ekanayake through the radio link provided between the Alitalia Office and the Captain for the purpose and, having introduced myself by name and as the Sri Lankan Ambassador to Thailand, I asked him whether he wished me to speak in English or Sinhala and he opted for the latter. After listening to his tale of woe, I informed him that he had committed an international crime and that it was hardly likely that his requests would be granted, little guessing at that time that they would!

Though everyone hoped that he would be overpowered at some stage, whenever he was tired or sleepy, it was not to be because, whenever anyone approached, he would become alert. Thus the hours passed and one of my problems was in communicating with our Foreign Secretary because Air Lanka did not have a direct telephone link to Colombo which I could have used and the Alitalia Office was much too pre-occupied and was connected to Rome.

However, the spirit of solidarity among women came to my rescue as some officials in charge of Airline and other offices at the Airport were women – Royal Nepalese Airlines and World Travel Service – and those ladies invited me to their offices and offered the use of their telephones for which I was extremely grateful. Ironically, the difference regarding action by the Italian Ambassador and myself in this tense situation was that, Rome asked him to take instructions from the Alitalia Captain, whereas I was left to my own devices!

As I have a deep belief in God and realized that I had only Him and my good sense to rely on, I prayed that God give me His help to save the lives of the 169 passengers. As if in answer, I often felt that He was putting words in my mouth as I found myself speaking to Ekanayake in different tones and equally amazingly that he was being cooperative with me in whatever I asked him to do. For example, I found myself speaking sternly to him at times and persuasively at others, especially once his wife and son were sent to Bangkok by the Italian Government.

Once she and the child joined me in the Alitalia Office, I even tried to counsel her regarding her marriage, pointing out that several foreign wives were living happily with their Sri Lankan husbands and that there was no reason why she too should not. I told her that, in my opinion, though her husband had committed an international crime, he did not seem criminal minded in that he had allowed meals to be taken on board and had not terrorized the passengers or the crew except threatening to blow himself and the ‘plane should his request for his son to be brought to him in Bangkok be refused.

She, while admitting that her husband was not really criminal minded, said that she could not cope with his sudden impulses such as wanting to go to Australia with their son without any plans as to how he would earn a living there. When she was with me I spoke sternly with him that I had no intention of sending her and their son to him in the ‘plane as she was petrified; before the ‘plane in which they had flown to Bangkok landed, he had wanted to hear his son’s voice to make sure that it was indeed he, and this had been facilitated from ‘plane to ‘plane and so he knew that both of them had come.

Manel Abeysekera who died on Sept. 10 at age 93 was Sri Lanka’s first woman career diplomat

One advantage I had was that I understood Italian as it was the language assigned to me in the Foreign Service and which I had studied for one academic year at New Hall. Cambridge. No one knew it nor did I tell anyone at the Airport but I had the good fortune to be able to understand what was being said by the Alitalia officers and the Captain, which enabled me to follow developments – even the Italian Ambassador had forgotten that I had exchanged pleasantries with him in his language when I had called on him when I took up duties in Bangkok.

I asked Ekanayake to allow the passengers to disembark and, after what seemed an eternity, they were allowed to do so, without any security check as was one of his demands; thereafter, I asked that he allow the stewardesses and stewards to disembark and that too was done. Then only the Captain and Ekanayake remained on board and he asked that his wife come on board with the $300,000. I said that she would go up the gangway with the satchel of money but not board the ‘plane. However, before she did that, I asked him to divest himself of what he had round his shoulders and place it between him and the Captain as otherwise she would not do so.

At first he did not reply, but to my great relief, he complied as was conveyed by the Captain to the Alitalia Office. Thereafter, Ekanayake met his wife halfway on the gangway and took over the satchel of money and went back to the ‘plane.

How the money was obtained was most interesting. As I have already indicated, the Alitalia Office was invariably crowded. This was because there were passengers of several nationalities and representatives of their diplomatic missions were there to took after their interests. Unlike in the Indonesian Garuda hi-jack, these passengers spoke different languages and they did not collectively understand a common tongue.

When I learnt that Ekanayake wanted $300,000 I mentioned it to the Japanese representative, pointing out that as it was evening it may not be possible to get such a large sum of money quickly, which in turn might annoy Ekanayake and result in dire consequences. He got the message and shot out of the room; not much later a Thai woman bank official appeared with the satchel. I suspect that the Japanese had loaned the Thais the money who paid it to Ekanayake and later recovered it from Alitalia.

As I was marooned in the Alitalia Office for nearly 38 hours without a shower or a change of clothes, I used to visit the nearby ladies room to have a wash. On these occasions as I went along I saw several media personnel sleeping on the floor, longing to have news of developments on the hi-jack. When they saw me they would sit up and ask me for news and I tried to oblige as best I could without revealing details of the negations; I used to also tease them by saying that one thing was sure and when they excitedly asked what that would be, I said that it was that they would not get any sleep that night, which made them laugh and relax!

In contrast, the Italian Ambassador, who also passed them on his way to the men’s room, would ignore their questions or be abrupt with them; this resulted in the “Nation” newspaper reporting in an article on the hi-jack that they give the Sri Lankan Ambassador a big bouquet and the Italian Ambassador a brickbat! As I have said, my prayer helped me no end – to think clearly and act with foresight, so that, for instance, I had had the presence of mind to ask Premaratne to bring along the visa stamp and ink pad in case we had to give Ekanayake’s wife a visa to go to Sri Lanka, which we did.

The root cause of Ekanayake’s errant behaviour as I have stated from our Police reports was his early childhood aggravated by his having to steer his own canoe as a youth and rely on his brains of which, in my opinion, he had plenty but which, alas, had not been guided. For instance, his intelligence can be seen from the fact that he had prudently obtained a visa for India in case his collaborators failed to bring on board the electrical gadgetry he required for the hi-jack.

Other aspects in which the Police reports helped me was that, since they said that he had learnt electrical wiring, his claim that he had explosives round his shoulders which he could detonate may well be true and that one could not take any risks over that. Further, the fact that the Police report said that though he was not wanted in Italy or Sri Lanka, made me realize that, if the hi-jack issue ended in negotiations, he may ask to go to Italy or Sri Lanka. I also knew that his going to Italy was unlikely as the Italian Authorities would not allow it; under our Constitution however, if a citizen was not wanted for a crime – and he was not – he could return home provided he was not carrying arms against the State.

So, when the Thai Minister of Communications, H.E.Admiral Amorn Sirigaya, was earlier inquiring from me what was likely to be the denouement of the whole episode, I told him that if he allowed everyone to disembark, then he would have to go somewhere from Bangkok unless he was shot or arrested by the Thai Authorities when he stepped off the ‘plane; knowing the Thai dislike of blood being spilt on Thai soil – from my experience of the previous Garuda hi-jack – I felt that they would let him go.

Yet, when the Minister asked me whether he would be allowed to go to Sri Lanka, I did not answer him but said that I could make the enquiry provided Thailand would give him safe passage; later the Minister told me that he had consulted his Prime Minister and the answer was in the affirmative. ‘So I informed our Foreign Secretary Mr. W. T. Jayasinghe accordingly and also about my understanding of our Constitutional provision to which I have already referred.

(Next week: The drama continues)

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