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Deshabandu Dr. T. Publis Silva Longest-standing Sri Lankan Chef and National Treasure

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Final farewell from Publis and his team of MLH Chefs

PLACES, PEOPLE & PASSIONS (3Ps)

Part six

Dr. Chandana (Chandi) Jayawardena DPhil
President – Chandi J. Associates Inc. Consulting, Canada
chandij@sympatico.ca

Profile

Publis is a household name in Sri Lanka as a chef, author, TV personality, and to many, a national treasure. He joined Mount Lavinia Hotel in 1956 as a kitchen labourer. In the early-1970s he was trained by the Hyatt Corporation in USA, who managed the hotel at that time. Publis was promoted as the Executive Chef in 1984, and then promoted as the Director Culinary Affairs & Promotions in 2003, a position he has held for 20 years. During his 67-year long career at Mount Lavinia Hotel, he also did a stint in the Maldives and was responsible for organizing numerous Sri Lankan food festivals and promotions in 33 countries.

I first met Publis Silva in 1972 at the Mount Lavinia Hyatt Hotel, when he was the Assistant Chef, and I was a Trainee Waiter. The next time I met him was in 1990 and we worked closely as the Executive Chef and the General Manager. We then co-wrote a book which was the maiden attempt in book publishing by each of us. After I left Sri Lanka in 1994 we kept in touch, and he made sure that I received a signed copy of each of his books. Today I am his proudest fan.

Management team of MLH with Consultant Director of IHS, Professor Richard Kotas in 1991.

First Impressions in 1972

By early 1970s Mount Lavinia Hotel (MLH) became the first ever hotel in Ceylon to get an international brand name. Hyatt Hotels Corporation in USA managed MLH. At that time, to graduate from the Ceylon Hotel School (CHS), each student had to do two mandatory co-op placements or in-service periods. Four of my CHS batchmates and I were fortunate to be allocated to MLH for our first in-service in 1972/1973 tourist season.

After the American General Manager from Hyatt corporation, Robert McFadden, met with us on our first day, we were introduced to a few key members of the hotel team, including Publis Silva, who was the Assistant Chef of MLH at that time. He was in his mid-thirties, and I was in my late teens.

My first impression of Publis was special. By then he had worked in the MLH kitchens for 16 years and gradually had risen to the second in command position of the kitchen department. He had also undergone training with three European Executive Chefs sent to MLH by Hyatt.

After the departure of those expatriate chefs, Just before the 1972/1973 tourist season, the hotel had appointed an Acting Executive Chef, a young Sri Lankan from a prominent family in Colombo, who was trained by Publis. I watched how Publis treated this young chef with respect and fully supporting him. Publis is a professional who always respected superiors, irrespective of their level of experience or knowledge.

Chef Publis and I with IHS leadership team and the first batch of culinary students.

Christmas of 1972

I remember Publis leading the kitchen brigade in preparing the Christmas Eve dinner in 1972. I sought Chef Publis’s help in understanding some of the dishes I was not familiar with. Despite being very busy that day Publis went into detailed explanations in Sinhala. He wanted us to be well-informed Trainee Waiters. With the additional knowledge I gained by talking with Publis, I managed to earn some extra tips that evening. He was always very helpful and friendly.

Working in the same team in 1990

Eighteen years later In 1990, when I returned to MLH as the General Manager, Publis worked on my team as the Executive Chef. I quickly appreciated that Publis is a great asset to the hotel. Whatever task I delegated to him was done promptly and efficiently. His knowledge of the history of MLH, and the culture of the company were useful to me in settling down in my new and the last job position in Sri Lanka.

Publis was the first to come to work every day and did the longest shift, among all managers. He hardly took any off days, and never needed any sick leave. He was always healthy and fit as a fiddle. MLH was and is his temple. When we worked together on new à la carte menus, I realized that Publis was also open to new suggestions. When the owners of MLH agreed to my suggestion to establish an International Hotel School (IHS) within MLH, Publis became a big supporter of my vision.

Establishing IHS in 1991

IHS was launched with a bang in 1991. It was an immediate success with five international accreditations and pathways and students from five countries. I worked as the Managing Director of IHS and Publis worked as the Adviser in Culinary courses. We also established a Program Advisory Committee with experts from ten countries and introduced for the first time in Sri Lanka, ‘Hotel Administration’ seminars for senior managers. At the end of the 22-week culinary program of IHS, Publis choreographed a classical menu with 13 dishes, cooked, and served by IHS students. We invited all the Executive Chefs of five-star hotels in Colombo for this meal.

The first booklet prepared by Publis in 1991.

Getting into Book Publishing in 1992

One day Publis came to me with a suggestion for a new food promotion. “Sir, how about doing a mushroom promotion? We have a wide variety of mushrooms in Sri Lanka, but unknown to many.” After a brief discussion, I was very impressed with Publis’s wide knowledge of the subject. I learnt a lot from him about mushrooms. “OK, Chef. Let’s move forward with your suggestion. Can you produce a small booklet about mushrooms?” I planted a seed in his mind. Within a few days he found a sponsor to print the booklet. Publis was always prompt in making things happen.

The ‘Mushroom Week’ of MLH was held from 24th to 30th April 1991, in association with the Ceylon Tourist Board, the Mushroom Development and Training Centre and Export Development Board. The booklet compiled by Publis was sold for US$ 2.50 a copy. That was the beginning of the most outstanding journey of writing and publishing books on Sri Lankan gastronomy, by the longest-standing Sri Lanka chef.

After the success of the mushroom promotion, I wanted to explore other possibilities to showcase Publis’s amazing research and knowledge about local ingredients and traditional dishes. He was doing in-depth research on dishes specifically prepared for the royal families of the Kandyan kingdom, prior to 1815. However, when I suggested that he should author a ground-breaking Sri Lankan cookbook, Publis declined citing his lack of knowledge of the English language. I said to him, “why don’t you write the book in Sinhala?”, but he was too shy to undertake such a project.

I did not give up. I twisted his arm occasionally and gently, but it took a year before he agreed, on one condition. That was: I must work as his co-author. I agreed, but he did most of the work. My key contributions were writing a short introduction and finding a publisher. In 1992 we published ‘Sinhala Bojana’ in Sinhala and in 1993 we published ‘Traditional Sri Lankan Food’ in English.

After that, I left Sri Lanka, and we did not collaborate for scholarly publications, but proceeded with our own subjects of interest. Publis continued in creating the greatest volume of books dedicated to Sri Lankan food. I focused mainly on international hospitality management, tourism, and innovation. With those two books, both Publis and I commenced a 31-year journey of book writing and publishing, cumulatively totalling 47 books, so far…

Best Manager in 1993

The Chairman of MLH, Mr. Sanath Ukwatte and I decided to select the ‘Best Manager’ of the hotel in early 1993. Being such a generous person, the Chairman decided to present a car to the winner. We had an excellent team at MLH, but our choice was easy. We picked Publis and rewarded him with the prize of a car.

After my three-year expatriate contract, I left MLH in December 1993 and a few months later I left Sri Lanka for good to focus on my international career. On my last day at MLH, while my family was packing our bags to leave, Publis called me. When he said, “Sir, may I see you with our farewell present?”, I told him, “Chef, the management team already presented me with presents, last evening during the farewell party.” “No Sir, I want to come with my senior team of Chefs to give you something special.” Within a few minutes Publis and his team of 12 Sous Chefs and Chef de Partie came to my apartment at MLH and presented me with an engraved plaque.

Receiving the Honorary doctorate from the Open University of Sri Lanka in 2018

A Loyal and Grateful Friend from 1994 to 2023

After 1994 I have stayed at MLH many times as a guest during family holidays, doing consulting assignments, presenting leadership development seminars, and doing a few IHS re-structuring projects. I chose MLH as the venue for two of my most important life events – the home coming wedding reception for my wife in 1999, and my 50th birthday party in 2003. On those two occasions, I never looked at the menu. When Publis asked me what I want in the menu I simply told him, “You decide on the menu, Chef. Anything good for you is good for me.” On both these special occasions, just as I expected, Chef Publis exceeded my expectations.

When it comes to memorable and magical events, there is no better venue than MLH, and no better Chef than Publis. MLH has been my home away from home during the last 30 years. Meanwhile, Publis made sure that I received a signed copy of each of his books. Every time he was generous with his appreciation and thanks for getting him to write and publish in 1992. Despite my repeated reminders to him that I don’t deserve such praise, Publis has been disobedient in that regard.

On April 20, 2023, while on a seven-week holiday in Sri Lanka I received a message through a friend that Dr. Publis Silva wants to see me before my departure. When he heard that I ws being hosted to dinner at Ellen’s Place – an inn in Colombo eight, by a few hotelier friends, Publis showed up early. Unfortunately, my previous engagement was delayed by an hour, and poor Publis stayed on patiently in spite of his family having a religious ceremony at his house on the same evening.

After a brief chat he presented me with a signed copy of his latest book: ‘MAHASUPAWAMSAYA: The Great Chronicle of Sri Lankan Culinary Art’. I glance through the book to find that it has a total of 1,074 pages! Chef Publis never ceased to amaze me!

I was deeply touched with the message that he hand wrote on the front page of the book he presented to me. It said: “This is presented to you, who supported me and encouraged me to write books.” For over 50 years, the privilege has been mine to get many opportunities to associate with the greatest Sri Lankan Chef, who is indeed a National Treasure.

‘MLH Best Manager’ Winner, Chef Publis and I in 1993.

Questions and Answers

After I returned to Canada, soon after our last meeting in 2023, I sent the following ten questions to Deshabandu Dr. T. Publis Silva:

Q: Out of all the places you have visited in Sri Lanka and overseas, what is your favourite and most interesting place?

A: Mount Lavinia Hotel and I are inseparable. Hence, I can proudly say that my favourite place out of every country and city I have ever been to is, Mount Lavinia (Galkissa).

Q: You have inspired generations of culinary professionals. Thinking of the other side of the coin, in your career, who inspired you most?

A: In 1950s, the first à la carte restaurant in Ceylon was opened at MLH and its kitchen was developed and managed by Bass (Head Cook) R. K. M. Silva.He was a real inspiration for me and taught me a lot of valuable lessons. After his passing, to pay my respects, I created a dish named after him called “Seer RKM.” and placed it in menus across the hotel, as well as in my books, especially the Sinhalese Practical Cookery book which was used in many culinary schools and institutions across Sri Lanka.

Q: At the present time, apart from cooking, researching, and writing, what is your key passion in life?

A: To make food that is medicine is my current key passion and goal in life. This mainly includes using the abundant varieties of fruits, vegetables, legumes, seeds, cereals, and beans to dishes which are brimming with health properties. To add into it, the art of putting love and attention into the food we make while being mindful in the whole cooking process ensures we keep the maximum nutrition value of the food while preserving the flavour and the aroma of the food.

In the modern world, non-contagious diseases such as diabetes and cancer are more prevalent and deadly and eating the right type of food can ensure we can prevent or control these diseases.

Q: Can you tell our readers about your interesting adventures before joining MLH in 1956?

A: As a kid of six years old, I used to go to the beach in Ratgama with my friends and the entire beach was ours to explore. I remember we used to pluck coconuts from the trees, husk and crack the shells and then eat the kernel. One day when a piece of kernel fell in the sand, I washed it with sea water. When I ate it I experienced a better taste. This was one of my initial curiosities into the culinary world.

When I was around 20 years old, without a job and after marriage, I used to push carts in Colombo to earn a living. My passengers usually head for the market to sell produce and usually there were leftovers. I used to pick them up and then cook dishes from those.

I remember the first time I used a leftover karawala (dry salted fish) bone in a vegetable curry, the flavour made me feel like I was in heaven and to-date, that was the best food I remember having experienced. These are a few of my stories about the hardships I faced and how I developed a passion for cooking.

Q: In 1970 when MLH became the first hotel in Sri Lanka to be managed by an international hotel chain, what did you learn from the Hyatt Corporation, USA?

A: Hyatt Corporation brought in international chefs and I with all our MLH kitchen staff learned a lot from them. I especially learned about butchery and meat from French, German and Swiss chefs and I respect them for further igniting my passion to research about all kinds of food.

Q: Can you give the readers some numbers from your 67-year long career in culinary arts – total number of books, TV shows, food festivals, weddings catered for (including BMICH) etc.?

A: I have written 20 books, attended a countless number of TV shows, and I remember celebrating the 10,000th wedding catered when Dr. Chandana Jayawardena was the General Manager of MLH. In 1992, as the long-standing catering partner of BMICH – national convention centre, MLH did the catering for the largest wedding to be held in Sri Lanka. We prepared and served 2,400 invitees a sit-down Biriyani dinner within 90-minutes. I must mention that Dr. Chandana Jayawardena was also the person who pushed me into writing more books and my first book was written along with his collaboration. I have also visited 33 countries to promote Sri Lankan food and culture.

Q: You have recorded numerous achievements, including two Guinness World Records, an honorary doctorate, and the national award of Deshabandu. What do you consider as your greatest achievement during the last 77 years?

A: The greatest achievement for me was the Guiness World Record for the world’s largest milk rice ever made. It contained 1000kg of rice and 2000kg of coconuts. During that huge undertaking, it felt like I was the conductor of a symphony orchestra with 120 chefs. They were ready to obey each command, I told them when to add the rice, when to add the milk, when to add the water, when to lower the fire, and finally, the end-product which was 62 feet long and five feet wide was a world record breaking milk rice with a consistent flavour and each piece was enjoyed by those who attended to witness the world record.

Q: Your book MAHASUPAVANSHAYA, has over 1,000 pages and you led a large team of researchers in producing this book. Tell our readers more about that remarkable process ?

A: It took me and my team over 30 years to complete the book, we went across Sri Lanka gathering a vast volume of information and our research took us to some parts in Africa as well. Professors and students from Sri Jayewardenepura University helped me a lot along with a team of 12 chefs from MLH. During my research, while learning about the history of culinary arts in Sri Lanka, I learned that during the time of King Dutugamunu, they used a Stone Oruwa (a stone boat) filled it with water, filled it with heated rocks and that brought the water to a heated temperature, which ultimately made the Stone Oruwa act as a chafing dish to keep any food containers placed inside hot. This was the first recorded usage of a chafing dish in the world.

Q: What does a normal day of the Director Culinary Affairs and Promotions of MLH, look like?

A: The first thing I do when I arrive at my office in the morning is to search for new innovations in the culinary field. I keep myself as a student and learn new things every day. I ensure that anything I learn I teach to the next generation and then search for new innovations again. This cycle encapsulates my normal day as the Director of Culinary Affairs and Promotions. For example, my thinking of culinary innovation led me to learn that, if we take the Kos Tree (Jak Fruit Tree), there are abundant uses we have, and each piece of the entire Kos Tree can be used in some culinary way.

Q: What is your advice to young chefs who dream of having a long career in culinary arts?

A: In the world, I believe that the best thing someone can learn is to cook, I ask of the entire younger generation to learn cooking as I believe that if anyone learns about cooking, it will be one of the most important and useful skills acquired in life.

Next week, 3Ps will feature a university professor who is also a leader in tourism in Sri Lanka…



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Features

The NPP’s Constitutional Reforms: Purposes and Processes

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Participating at the All Party Conference that then President Jayewardene convened in January 1984 in the aftermath of the watershed violence of 1983, Dr. Colvin R de Silva characteristically perorated that the structure of the Sri Lankan state is incongruent with the country’s sociopolitical reality. He said it more as Historian than as a Lawyer or the architect of the 1972 Constitution.

This gap between state structure and political reality was somewhat bridged by the 13th Amendment that came three years later, with all due credit to President Jayewardene no matter how begrudgingly he may have done it and even if it was under Indian duress as JRJ’s critics have been alleging ever since.

In this backdrop, it is fair to say that the NPP’s constitutional proposals, even if they may not have been drafted with this specific intent, could contribute to further bridging the structural-reality gap and potentially transform Sri Lanka into an ethno-equal state and an ethno-equal nation. The rub, however, is in the ability of the government, as well as its intention, to fulfill in practice what is otherwise a very laudable purpose. The experience so far with the Provincial Council elections and the absence of any manifest effort by the NPP government towards implementing any of its main constitutional proposals do not allow room for too much optimism.

As I cite below, the NPP’s Manifesto fulsomely promises to hold all provincial and local government elections within one year after coming into office. Now with all the ministerial and prime-ministerial explanations in parliament as to what and what pre-steps this overworked government is apparently constrained to take, the PC system would consider itself lucky if the next provincial elections end up being held at the same time as the next parliamentary elections. That is the reality. It could be much better and that too by a government that promised to be much better.

The NPP’s Constitutional Purpose

Section 4 of the NPP Manifesto, A Thriving Nation, A Beautiful Life, is entitled A Dignified Life – A Strong Country, and includes nine subsections, viz. 1) A new constitution – A united Sri Lankan nation; 2) An efficient public service – A skill based professionalism; 3) Rule of law – A judicial system with equal access; 4) Public security assuring – People friendly service; 5) A humanitarian prison – A lawful confinement; 6) A drug-free country – A healthier citizen life; 7) A dignified diplomacy – A sovereign state; 8) High level of national security – Secured state; and 9) A Sri Lankan Nation – The Universal Citizen. These subheadings and sections are indicative of the NPP’s vision for the Sri Lankan State, a Sri Lankan Nation, and the equality of all its citizens.

The Section specific to the constitution (Section 4.1) includes the NPP’s promise to usher in “a new constitution” for “a united Sri Lankan nation.” The process for introducing the new constitution is described thus: “A new constitution will be drafted and passed through a referendum with the necessary changes, if there any, after going through a public discourse.” In addition, Section 4.9 – A Sri Lankan Nation – The Universal Citizen, elaborates on the premise and the purpose of a new NPP Constitution which are outlined as follows:

“Introduce a new constitution that strengthens democracy and ensures equality of all citizens. This initiative will build on the constitutional reform process started in 2015 which remains incomplete. The proposed constitutional reforms will guarantee equality and democracy and the devolution of political and administrative power to every local government, district and province so that all people can be involved in governance within one country. Provincial councils and local government elections, which are currently postponed indefinitely, will be held within a year to provide an opportunity for the people to join the governance.”

Fifteen “activities” are included as making up the constitution making process: 1) Recognizing and enacting the rights mentioned in the International Covenant on Civil and Political Rights as basic rights; 2) Broadening the constitutional law about the rights of children, women, and people with disabilities according to international conventions; 3) Safeguarding the voting rights of immigrants within and outside of the country; 4) Abolishing the executive presidency and appointing a president, without executive powers, by the parliament; 5) Introducing a new parliamentary electoral system; 6) Limiting official presidential residences to one; 7) Abolishing the pensions and special privileges given to retired presidents and their families; 8) Appointing 25 ministers and corresponding deputy ministers to 25 logically determined ministries and abolishing State Ministerial posts; 9) An advisory council consisting of specialists on the subject will be appointed to each ministry; 10) Introducing a code of ethics, including not allowing members of parliament (MPs) and ministers to appoint their immediate family members to their personal staff; 11) Abolishing allowances made to MPs for participating in parliamentary sessions; 12) Abolishing the pension offered to MPs after 05 years; 13) Preventing MPs or their close family members from directly or indirectly engaging in businesses or contracts with the government; 14) Removing the tax-free vehicle permits for MPs; and 15) Giving only one vehicle for Ministers /Deputy Ministers to be used during their period of office.

Interestingly, while the aborted 2015 constitutional reform process that the NPP was a part of is acknowledged, there are no references in the proposals – to the 1972 Constitution or the 1978 Constitution, and missing in the proposals are some of the signature terms that were/are both the badges and burdens of the two constitutions viz., the republic; unitary state; socialist (1972) and democratic socialist (1978); and special status for Buddhism. On the other hand, the proposals (Activity #1 & #2) include the commitment to enshrine and enforce rights and freedoms of Sri Lankans in accordance with international covenants and conventions. This inclusion is refreshingly open in contrast to the 1972 and 1978 constitutions which were rather averse to embracing anything ‘foreign’ due to the misplaced fear of diluting the island’s sovereignty, which is more theoretical than concrete.

Sovereignty and territorial integrity are duly emphasized in Section 4.7 of the proposals: A Dignified Diplomacy – A sovereign State, and in Subsection 4.8: Sovereignty and Territorial Integrity. Section 4.9: A Sri Lankan Nation – The Universal Citizen, underscores national reconciliation, equality of citizens in religion and language, and the vigorous operationalization of the Provincial Council system even though the 13th Amendment is not mentioned in the proposals. There is, however, specific reference to the 16th Amendment and the promise to implement the National Language Policy that is enshrined in 16A. Sri Lanka’s ethnic diversity is acknowledged and various measures are identified for achieving national reconciliation and a free and equal society.

Among these measures are: establishing an Inter-Religious Council consisting of all religious leaders and religious scholars to resolve inter-religious issues; releasing all political prisoners and ensuring their free socialization; abolition of all oppressive acts including the Prevention of Terrorism Act (PTA); regularization of civil administration in a way that the civil rights of the people in all parts of the country including the North and East are guaranteed; providing educational and employment opportunities to all ethnicities based on merit without political influence; providing relief to war widows, internally displaced persons, people with disabilities and people with trauma in need of relief and shelter; settlement of existing land related issues by a National Commission on Lands and Settlements; and ending resettlement programmes that operate with the aim of changing population composition; and addressing the wages, land, housing, education, and health issues of the Malaiayaka Tamils based on the NPP’s Hatton Declaration of 2023.

This is an impressive list by any comparison and it will be all the more impressive if the NPP government were to seriously and capably set about achieving most or all of them.

The Constitutional Process

While the Manifesto indicates that “a new constitution will be drafted and passed through a referendum with the necessary changes, if there are any, after going through a public discourse,” it is not clear if the NPP intends to comprehensively amend the current (1978) constitution, or repeal and replace it based on a referendum. Similar to its 1972 predecessor, the 1978 Constitution provides for repealing and replacing itself but requires the people’s endorsement in a referendum. Although the referendum requirement is limited to specific provisions of the constitution, an interpretive judicial culture has since evolved widening the referendum net to capture other provisions that are not stipulated in Article 83 of the constitution.

Opposing and, in my view, more persuasive voices have been heard from experts like Dr. Nihal Jayawickrema, and long before that from Dr. Colvin R.de Silva during the controversy over 13A referendum requirements, that a referendum requirement should be limited to changing only the provisions that are specifically to the provisions mentioned in Article 83. By this interpretation, a referendum is required to extend the term of a president or of parliament, but not for abolishing the system of elected executive presidency itself.

At the same time, a synthesizing view has also evolved that if the constitution were to be changed in a substantial manner, let alone repeal and replace it even without changing any of the Article 83 provisions, it would be prudent to have a referendum and be done with it. The latter is also the NPP’s position but seemingly taken from a more positive and democratic standpoint than a narrow interpretive standpoint. But there are questions as to how and when the NPP government will have a constitution package ready and when will it likely call for a referendum. It is not necessary to detail the amending processes in an election manifesto, but with nearly two years in office it is time for the government to indicate what is going to be its new constitution and how is it going to be achieved.

Another technicality is that when it drafted the manifesto promising constitutional changes subject to a referendum, the NPP may not have been expecting a two-thirds majority in parliament. So, what was its thinking about meeting the initial amendment requirement of a two-thirds majority in parliament without having sufficient numbers in the government. It would have had to find common ground with opposition parties in parliament. That is the very purpose of the two-thirds majority in parliament – to achieve interparty consensus as opposed to using a steamroller single-party majority.

The question to the government is why is it not being consultative with at least some, if not all, of the parties in opposition. As well, inasmuch as the Manifesto refers to a continuation of the 2015 constitutional reform process, why is the government not consulting with those individuals and organizations who were significantly involved in that earlier process. Some of them were directly associated with the NPP. But none of them is in the scene now, while the current Minister of Justice was politically unheard and unseen at that time.

The double burden of Justice and Constitutional Affairs is too much for even the most experienced and equipped political leader. It is too much to saddle a first time MP and Minister with such heavy responsibilities. As well, there is much talk about the government inviting non-NPP experts to play lead roles in institutions and agencies involved in running the economy. Why not extend this approach to implementing the NPP’s constitutional reform process?

To hark back briefly to the making of the 1972 Constitution, neither Colvin R de Silva nor the United Front were banking on winning a two-thirds majority in the 1970 elections. Instead, they were relying on Colvin’s legal theory that the new constitution will be a total rupture from the Soulbury Constitution and that its making will follow its own path based on an electoral mandate from the people.

“Not merely despite the Queen, but in defiance of the Queen and her Crown,” was Dr. Colvin’s platform pitch. The two-thirds majority that the United Front turned out to be a curse in disguise. While the NPP is now saddled with a two-thirds majority it doesn’t have Colvin’s legal theory to ignore the amending procedures of the 1978 Constitution. JR Jayewardene faithfully followed the amending procedure of the 1972 Constitution, but created a more rigid constitution than its far more flexible predecessor.

Ushering new constitutions are easily done on the morrow of independence or a revolution. Midlife constitutional changes are extremely difficult in any country and there are only a handful of countries that have successfully achieved this feat. The successful making of the 1972 and 1977 constitutions in Sri Lanka were almost entirely due to the power and competence of their two architects, Colvin R de Silva whose power was entirely intellectual and professional, and JR Jayewardene who in addition had absolute political power after the UNP’s landslide victory in 1977.

Sri Lankan politics has not been able to replicate their circumstances ever since, and the circumstances of the NPP are no different, its two-thirds majority notwithstanding. If the government is serious about drafting a new constitution, conducting public consultation, and holding a referendum, it should have started the process the day after it was sworn into office. It could start the process right away even now. The task deserves a separate ministry and supporting expertise. It cannot be the part time job of a first time Minister of Justice.

All that said, many of the NPP’s reform proposals can be implemented without introducing a new constitution. Few have already been introduced and many more can be introduced by simple legislation or through amendments without a referendum. For the super majority the government has in parliament, its legislative record has not been sufficiently impressive. The government has given priority to implementing proposals that it considers to be more resonant with the voters at large.

They include, the taking away the manifestly undue perks and privileges of former presidents, and the proposals to end the more offensive perks and privileges of parliamentarians. The reform of parliament itself is to be achieved by implementing a new electoral system; by limiting cabinet size to 25 and appointing an advisory council for each ministry; and introducing a code of ethics for MPs. These measures will also go down well with the public, but they can all be implemented through simple legislation without having to change the constitution through a referendum.

The most glaring omission is the continuing foot dragging over the repeal of the Prevention of Terrorism Act (PTA). There are already new victims of this continuation. What is the point in indefinitely detaining people like Retired Major Gen. Suresh Sallay under the PTA? It only vitiates however plausible a case the government might have against Gen. Sallay. More importantly, it flies in the face of the NPP’s promise to abolish the PTA, and its promise of custodial and prison reforms under Section 4.5 of the Manifesto: A humanitarian prison – A lawful confinement. The PTA only keeps the door open for police abuse and overreach.

The most recognizable and much talked about proposal is for “Abolishing the executive presidency and appointing a president, without executive powers, by the parliament.” If only the NPP government can deliver on this promise during its current first term, it can justifiably claim to have fulfilled its constitutional promise almost in entirety. No one will likely ask for anything more from the NPP, constitutionally speaking. But that seems unlikely to happen and this gets clearer as each day goes by. The talk inside the NPP and outside would seem to suggest that President Dissanayake will seek a second term as an elected Executive President and renege on what was made out to be a historic promise. It will become another daydream, so to speak.

by Rajan Philips

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Features

Inside Xi’s Pyongyang Doctrine

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Soon after Pyongyang unveiled a new facility to produce nuclear bomb fuel, with Kim Jong Un reaffirming plans to expand the country’s nuclear forces “at an exponential rate”, President Xi Jinping crossed the border after seven years to visit his neighbouring state. Before his arrival, Xi published a carefully crafted message, couched in the deeply rooted lexicon of diplomacy and carrying layered meanings for a North Korean audience, in which he argued against hegemonic politics and the erosion of international rules. It was not merely a gesture of goodwill but a calculated act of strategic signaling, written in the language of stability while echoing the rhetoric of geopolitical rivalry that increasingly shapes the international order.

The visit itself, staged with extraordinary ceremony across Pyongyang’s grand civic spaces, was presented as an affirmation of friendship between socialist neighbours. Yet beneath the choreographed spectacle lies a more complicated reality. China is no longer speaking to North Korea as a problem to be solved, but as a condition to be managed within a fragmented international system. Xi’s carefully chosen phrases — “shared destiny”, “mutual assistance” and “unbreakable friendship” — were not decorative flourishes. They were assertions of permanence in a relationship that has survived war, sanctions and decades of strategic ambiguity.

At Kim Il Sung Square, where formations of soldiers, students and citizens performed beneath fluttering flags, the language of unity concealed an underlying imbalance. China’s diplomatic doctrine, repeatedly articulated in Xi’s writings, presents both states as “fellow travellers on the socialist road”; yet the material reality is more hierarchical. Beijing is not merely a partner to Pyongyang. It is the centre of gravity around which much of the North Korean system revolves economically, diplomatically and, increasingly, strategically. This is not openly acknowledged, but it is reflected in trade patterns, energy dependence and the tightly managed permeability of the border regions.

Xi’s article, published ahead of the visit and carried by North Korean and Chinese state media alike, reveals the intellectual framework behind this engagement. It speaks of “top-level strategic guidance”, a phrase that in Chinese political language denotes the primacy of leader-to-leader diplomacy over institutional negotiation. It also reiterates opposition to “hegemonism and power politics”, a formulation that simultaneously criticizes Western strategic dominance while offering ideological reassurance to Pyongyang. The brilliance of the wording lies in its dual purpose. It reassures North Korea while signaling to the United States without ever mentioning it directly.

Less visible, but widely recognized among regional specialists, is the dense network of economic activity that sustains the frontier between China and North Korea. Officially, trade remains constrained by sanctions and regulatory controls. Unofficially, the border operates through a mixture of state-approved commerce, local barter arrangements and carefully managed informal exchanges. Chinese provinces adjoining the frontier depend on this controlled permeability, particularly in sectors such as food supplies, textiles and consumer goods. In return, North Korea provides labour, access concessions and selected resource exports. This is not a “shadow economy” but a tolerated grey area maintained by both governments because it preserves stability without allowing the relationship to descend into crisis.

It is within this grey area that stories of “secret networks” frequently emerge. Yet the reality is often more bureaucratic than clandestine. Trade is driven less by rogue actors than by overlapping permissions, discretionary enforcement and shifting instructions from the centre. The notion of a handful of powerful profiteers orchestrating cross-border commerce oversimplifies a system in which benefits are dispersed through layers of administrative authority, provincial intermediaries and sanctioned enterprises. The defining feature is not secrecy but carefully managed ambiguity.

Xi’s emphasis on “jointly upholding the international system with the United Nations at its core” becomes particularly revealing when viewed alongside these frontier realities. On the surface, it is a reaffirmation of multilateral order. In practice, it reflects China’s preference for a world in which legitimacy flows through established institutions, even while bilateral relationships such as that with North Korea operate according to a different set of political calculations. This dual-track approach enables Beijing to retain strategic flexibility without formally dismantling the international framework from which it continues to benefit.

The visit also took place against a wider shift in global diplomacy. The Financial Times has noted the growing number of world leaders traveling to Beijing rather than Xi traveling abroad. Some interpret this as evidence of a China-centred diplomatic sphere. Whether viewed as modern statecraft or, more controversially, as a distant echo of tributary-era symbolism, one fact remains evident. Xi Jinping has built a diplomatic model in which China is less a participant in international gatherings and more a focal point through which bilateral relationships are channeled.

Within this arrangement, North Korea occupies a uniquely delicate position. It is at once a liability, a buffer and a strategic asset. Its nuclear programme complicates China’s relations with much of the international community, yet its existence also serves as a geopolitical barrier on the Korean peninsula. Xi’s language avoids direct reference to nuclear weapons, concentrating instead on “regional stability” and a “peaceful environment”. That omission is deliberate. Silence, in this context, is not avoidance but the management of contradiction.

One of the most closely watched questions following Xi’s visit is whether North Korea’s rapid nuclear expansion will become less visible, or simply retreat further from public view. Xi later stated that he and Kim had reached an “important consensus” and agreed to safeguard regional and global peace, a formulation that may signal a preference for restraint in presentation rather than any fundamental change in Pyongyang’s strategic ambitions.

Under Xi, Chinese foreign policy has increasingly prioritized stability over transformation and management over resolution. Nowhere is this more evident than on the Korean peninsula, where the objective is not denuclearization through coercion but the containment of escalation within predictable limits. In this sense, North Korea is not being pushed towards change.

Rather, it is being held within a carefully maintained balance that serves broader regional interests.

The wider geopolitical setting, including Russia’s deepening alignment with Pyongyang and the fluctuating approach of the United States towards Asia, further complicates this balance. Xi’s diplomatic language — with its emphasis on multi-polarity, opposition to “power politics” and the creation of a “community with a shared future for mankind” — is intended to place China at the centre of an alternative vision of international affairs. Yet that vision is not merely ideological. It is expressed through trade agreements, infrastructure investment and selective political partnerships.

What emerges from the Pyongyang visit is not a straightforward story of alliance, but one of carefully calibrated interdependence. North Korea retains leverage through its strategic unpredictability, while China retains influence through economic indispensability. The border between them is not merely geographical. It is a political and economic mechanism composed of regulated flows of goods, labour and messaging. It is this managed interdependence that allows both governments to preserve autonomy while avoiding collapse or confrontation.

Xi Jinping’s rise in global politics, therefore, cannot be understood solely through military strength or economic weight. It rests upon the construction of a diplomatic order in which China functions simultaneously as host, mediator and stabilising force. Foreign leaders travel to Beijing not as supplicants, but as negotiators entering a system where outcomes are increasingly shaped through bilateral and asymmetrical relationships. Within that framework, North Korea remains both an exception and a participant, its nuclear status complicating but not excluding its place within China’s strategic sphere.

Xi’s visit to Pyongyang reflects a world in transition, where the old certainties of alignment and isolation no longer fully apply. In their place is emerging a more complicated pattern of selective cooperation, managed tensions and carefully cultivated historical memory. Xi’s diplomacy does not resolve contradictions. It arranges them. And within that ability to arrange competing interests lies much of his contemporary influence. Whether that model ultimately proves durable or fragile remains one of the defining geopolitical questions of our age.

by Nilantha Ilangamuwa

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The Examiner at lunch: Nihal Jayawickrama, architect of justice

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Illustration Hashan Ranatunga

Justice Ministry secretary and attorney-general at 33, Nihal Jayawickrama was the architect of the justice system’s most radical overhaul. Over a leisurely lunch at Tintagel we talk about the speed of justice, an independent public prosecutor, and the 1972 constitution.

“Tintagel” was Nihal Jayawickrama’s reply when I asked him where we should lunch. I smiled. The former secretary to the Justice Ministry, appointed at the tender age of 33, and now 88, hasn’t lost his mojo.

No restaurant — even Bawa’s studio, now become the Gallery Café — can claim anywhere near Tintagel’s pedigree. It was the home of the three Bandaranaike prime ministers. If the waiters’ intelligence is on point, it will be home to one of them again soon. Yes, Tintagel’s lease is up. Lunch while you can.

I’ve reserved one of two verandah tables, a few meters away from where S.W.R.D. Bandaranaike, the former prime minister, was assassinated by Talduwe Somarama, “a foolish man in robes”. Thinking Jayawickrama is a few minutes late, I wander to the sitting room. But he is waiting for me. I’m surprised that, at 88, he has come alone.

We make our way to the verandah and sit down. I break the ice, asking Jayawickrama when he first came to Tintagel.

Jayawickrama pauses to think, then with twinkling, mischievous eyes, says it was 70 years ago, in 1956. He had come to Tintagel to invite Bandaranaike to speak to the Royal College literary association. Jayawickrama said there was no security, save for maybe a sole policeman at the gate. He had walked to the verandah, and sat on one of the many chairs where the public would sit in the mornings, waiting for the prime minister to talk to them.

Bandaranaike’s response to the invitation had been clever rather than candid. He said it would be a great honour to address the Royal College literary association, and that he would be so happy to drop by. But the prime minister had only one problem: he’d have to go to the one at his own school, S. Thomas’, first. But they hadn’t invited him. Thus nothing ever came of the invitation.

We move on to more important business, lunch. Jayawickrama eschews the wine, we settle on thambili, almost always the best value drink on a Colombo resto menu. A veggie, he orders his usual, the parmesan gnocchi. I’d have ordered the pumpkin gnocchi, for many years my Paradise Road staple, but sadly they dropped it years ago. Good. For having taken up the pen, the purse won’t permit me anyway. Really wishing for Caribbean ox tail, I reluctantly settle for the osso bucco.

I’m too impatient for subtlety, so launch right into one of my burning questions: how did Jayawickrama become both secretary to the Ministry of Justice and attorney-general at such a young age. The answer is found in Balangoda, where Sirima Bandaranaike’s brother contested the 1965 election. He faced a few court cases, but the SLFP was strapped for cash. So, the party asked Jayawickrama to represent him. Jayawickrama went on to represent other members of the Ratwatte family, and then eventually, Mrs. Bandaranaike started consulting him too. He also served as her election agent and ended up drafting her prime ministerial acceptance speech in 1960.

A few days after her victory, Mrs. B called him and asked if he could be the permanent secretary to the justice ministry. Jayawickama said he was a lawyer, not a public servant. She responded:

“No no no no, you had been complaining for a long time that absolutely nothing had been done about law reform. I am telling you now come and do whatever you want to do — all the reforms you have been talking about. You have a free hand; we have got a two-third majority so the legislation can be passed. So come and do that.”

The Justice Ministry secretary’s monthly take-home at the time was around 1,800 rupees, which more than covered the 500-rupee rent onof his Park Road flat. Today, the secretary’s entire salary wouldn’t even pay for half the rent of such a flat.

Jayawickrama’s work was cut-out for him. The tale sounds familiar. The civil procedure and criminal procedure codes — the backbone of court work — were from 1880. Two distinguished commissions, chaired by Justices Noel Gratian and C. Nagalingam respectively, had already figured out what needed to be done. They produced “excellent reports” but “no government had done it”, Jayawickrama said rather ruefully.

When the attorney-general died, an acting attorney-general was identified. But he had to finish some cases he was presiding over. As the country needed to have an attorney-general, Bandaranaike appointed Jayawickrama to the office on his 33rd birthday. His contemporaries were the most junior state counsel. It was not a friendly atmosphere. Luckily for him, he had friends who warned him of the files which contained traps and snares.

He set up a research division in the Justice Ministry for law reform, consisting of five or six bright young things. The division included Dhara Wijetilleke, who became the planning ministry secretary, Suri Ratnapala, who became a distinguished constitutional law professor, and Priyani Wijesekara who became the Parliament’s secretary-general.

Unclogging justice

This team was the moving force behind the Administration of Justice Law of 1973, which overhauled the justice and courts system.

Among the many changes brought by the act was a recommendation from the Gratiaen Commission of 1952. The attorney-general’s role was almost bifurcated by creating the office for a director of public prosecutions.

The key reason Jayawickrama pushed this initiative through was to de-clog and speed-up the justice system by eliminating “non-summary proceedings”, where the police would present evidence to a magistrate to decide which court would hear a case. The public prosecutions director would instead direct the police’s inquiry and decide whether to file a case in the magistrate’s court, or at a higher court.

The team also introduced pre-trial conferences for non-criminal cases and mandated day-to-day hearings for trials, with postponement only granted in the event of family bereavement.

These initiatives faced massive protest from the Bar, as they “would change their lifestyles” and affect them financially. Not all his reforms succeeded. When he tried to regulate lawyers’ fees, the cabinet paper leaked and a lawyer representing the prime minister barged into Temple Trees, left his briefs on the breakfast table, said “you appear for yourself”, and went off. Mrs. Bandaranaike told Jayawickrama to withdraw the cabinet paper.

The Bar also refused to participate in the legal aid scheme. Jayawickrama’s response was to say that he would create a brigade of “barefoot lawyers” like barefoot doctors. Years later he said the proposal wasn’t a serious one, the remark was made in terrorem, meant to frighten the bar into becoming more generous with legal aid.

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