Features
Dissenting judgement on MR, GR, BR, PB & Cabraal
by. C. A. Chandraprema
The manner in which Justice Priyantha Jayawardena’s dissenting judgement on the two fundamental rights cases numbered 195/2022 and 212/2022 was reported on by sections of the media would convey the impression that it was based entirely on the technical point that the petitioners had not come before the SC within the time frame specified by the Constitution. Justice Jayawardena’s dissenting judgement does state that: “I hold that the parties have not invoked the jurisdiction of this court within one month of the alleged infringements as required by Article 126(2) of the Constitution”. However, that is not the only reason for him to dissent. His dissenting judgement also states, “I am of the view that the petitioners have not established on a balance of probability that the respondents have infringed the Fundamental Rights of the petitioners.”
One of the ways in which the dissenting judgement shows that the petitioners had not approached the SC within the time frame stipulated in the Constitution can be summarised as follows:
* The SC/FR Application No. 195/2022 was filed in the Supreme Court on the 3rd of June, 2022 and SC/FR Application No. 212/2022 was filed on the 17th of June, 2022.
* The reduction in taxes was based on a Cabinet Paper dated 26 November, 2019.
* According to the petitioners, the rating agencies downgraded Sri Lanka immediately after the tax cuts were announced. Hence, according to the petitioner’s own showing, the alleged infringement took place on the day that the Commissioner General of the Inland Revenue published the public notices informing the tax cuts in the years 2019 and 2020.
* Furthermore, the tax reductions referred to in the two petitions were enacted into law in terms of the Inland Revenue Act of 2021, the Value Added Tax Act of 2021, the Economic Service Charge Act of 2021 and the Nation Building Tax Act of 2021, etc.
* Some of these Bills relating to fiscal legislation were challenged in the Supreme Court. However, the petitioners did not challenge any of the said legislation during the legislative process. Hence, they are now estopped from challenging the legislative process. In any event, anyone who sleeps over their rights is not entitled to challenge any decisions after the stipulated time period imposed by law.
* The dates and events referred to above in this judgment show that the said events took place long before the two Fundamental Rights Applications were filed in court.
Quoting the Auditor General’s Report which had drawn attention to a presentation made by Prof. W D Lakshman on 06 January 2020, the judgement observed that the “…tax relief measures are expected to stimulate the economy while actively contributing to improve business confidence …” A segment in the judgement titled Fiscal Policy elaborated as follows:
“Tax cuts are expected to free up disposable income and the circulation of money in the economy and push positive growth values in the medium and long term. Furthermore, reducing taxes improves the economy by boosting spending. Moreover, a corporate income tax cut leads to a sustained increase in Gross Domestic Product (GDP) and productivity. Tax cuts also increase funding available for businesses and may increase production and investment. Moreover, high taxes discourage work and investment. Taxes create a “wedge” between what the employer pays and what the employee receives, so some jobs are not created. High marginal tax rates also discourage people from working overtime or from making new investments. However, tax cuts reduce government revenue and lead to budget deficits or growth in government debt … In his first address to the Congress on the 28th of February, 2001, George W. Bush said, “To create economic growth and opportunity, we must put money back into the hands of the people who buy goods and create jobs.”
Going to the IMF
With regard to the question of going to the IMF to seek a bailout package, the dissenting judgement observed that the decision not to go to the IMF had been communicated to the Parliament on the 10th of December, 2021 by the then finance minister and that the Cabinet of Ministers had decided on 3 January, 2022, not to get the assistance of the IMF and to have a homegrown solution to the fiscal and economic issues that were faced by the country at the time. A Cabinet Memorandum dated 2 January, 2022 had observed that “It would not be incorrect to state that an IMF programme will require the country to accept conditions that will further disrupt the social fabric of the country. While it is acknowledged that an IMF programme will enable the country to access the capital markets with better ease, it is our experience that none of the IMF programmes since the late 60s, have resulted in any lasting reforms being implemented in the country.”
The dissenting judgement observed that “The IMF assists member nations in different capacities. Its most important function is the ability to provide loans to member nations in need of bailouts. Further, if a country has a deficit in its balance of payments, the IMF can step in to fill the gap. However, borrowing governments must adhere to the conditions attached to these loans by the IMF, including prescribing economic and fiscal policies … Moreover, such conditions may cause severe hardships to the general public of the country that seeks assistance from the IMF. Hence, some countries are reluctant to seek the assistance of the IMF. Furthermore, there are instances where countries seek the assistance of the IMF as a last resort and may give up the IMF programmes without completing them due to their inability to comply with the stringent conditions imposed by the IMF. In fact, on several occasions, Sri Lanka has discontinued IMF programmes due to its inability to comply with the conditions laid down by the IMF….”
“In the circumstances, I am of the view that the petitioners have not established that the policy decision of the government not to go to the IMF was grossly arbitrary or irrational. On the contrary, the Auditor General’s Report tendered to court, and the material filed by the respondents, particularly the aforementioned Cabinet Memoranda and the decisions of the Cabinet of Ministers, show that the government has considered the pros and cons of going to the IMF, the past experiences with the IMF, the effects of obtaining assistance from the IMF will have on the economy and the people, and thereafter taken the policy decision not to go to the IMF.”
Matters of govt. policy
The dissenting judgement has taken into account the report of the Auditor General, where the latter is quoted in Sinhala as having stated that the three issues on which the SC had ordered the Auditor General to report back on, pertained to policy decisions of the government and that different parties may give varying interpretations as to the favourable or unfavourable consequences of a policy decision. The Auditor General has also observed that any assessment of the consequences of those decisions will have to take into account the situation created by the Covid pandemic which affected not only Sri Lanka but the entire world. He has further stated that he is not in a position to determine the best way in which limited foreign reserves should be used in a given set of circumstances. The dissenting judgement further observed:
“… the Auditor General … has evaluated the three issues on which he was directed to report to this court. In his report, he has stated that it is not possible to determine whether a loss had been caused to the Central Bank. Further, he has not specified any violations with regard to any of the matters that were referred to him by the court …. However, though the said report stated there are delays in taking decisions by the Monetary Board and the government, it does not set out any specific violations of the law by the respondents. Hence, I am of the view that there is no expert evidence before this court to decide on the economic and fiscal issues raised in the said two applications.”
The dissenting judgement observed that when it comes to policy matters, “the court would leave policy matters for those who are qualified to address the issues, unless the policy or action is inconsistent with the Constitution and laws, grossly arbitrary or irrational … Furthermore, the courts cannot express their opinion as to whether, at a particular point in time or in a particular situation, any such policy should have been introduced or not, or repealed, particularly when a policy is accepted by Parliament either at reading of the budget or in any other instances. Hence, it should be left to the discretion of the government …”
“Moreover, complex executive decisions in economic matters may be empirical or based on experimentation. Its validity cannot be tested on rigid principles or the application of any straitjacket formula. In such matters, even experts may seriously or doubtlessly differ. Courts cannot be expected to decide them, even with the aid of experts. Thus, the courts do not interfere with policy matters or economic decisions, as such matters are highly technical and even experts in that field hold different opinions on the same point.”
The debt trap
The dissenting judgement quotes a Cabinet Memorandum dated 2 January, 2022 under the heading “Economy 2022 and the way forward” which stated the following:
“In fact, it would be pertinent to note that the economic challenges of today are due to two key decisions of the Yahapalana government, which are;
“The aggressive borrowing in the International Bond markets resulted in the country borrowing USD 12 billion dollars during 2015-2019 with USD 6.9 billion being borrowed during a 14 months period of April 2018 to May 2019. As a result, the country’s foreign currency debt stock reached almost 50% of the total debt stock at the end of 2019 with the stock of ISB’s at wound USD 15 billion. This has now reduced to USD 13 billion”.
“Reduction in the price of Petrol and Diesel in 2015, without any thought to recouping the losses of Ceylon Petroleum Corporation (CPC) or the Ceylon Electricity Board (CEB) or to the possibility of an increase in global oil prices”.
“It is noted that of the USD 12 billion so raised only around USD 2 billion had been utilized to settle ISBs, while the bulk seems to have been utilized to finance the imports, especially cars and other passenger vehicles. In fact, consumption of fuel which had decreased by the end 2014 has increased surpassing the previous consumption volumes although economic growth saw a steady decline”.
Impact of the pandemic
The dissenting judgement also draws attention to the Auditor General’s Report furnished to court which had stated: “The Executive Board of the International Monetary Fund (IMF) concluded the Article IV consultation with Sri Lanka on 25 February 2022. The press release No. 22/54 in this regard had been issued on 02 March 2022. Highlights of the press release are as follows. Sri Lanka has been hit hard by COVID-19. On the eve of the pandemic, the country was highly vulnerable to external shocks owing to inadequate external buffers and high risks to public debt sustainability, exacerbated by the Easter Sunday terrorist attacks in 2019 and major policy changes including large tax cuts at late 2019. Real GDP contracted by 3.6 percent in 2020, due to a loss of tourism receipts and necessary lockdown measures. Sri Lanka lost access to international sovereign bond market at the onset of the pandemic”.
The dissenting judgement further observed that: “Moreover, it is pertinent to note that the effects of COVID-19 were similar or more adverse to the effects that were caused during the ‘Great Depression’ economic crisis in 1929. It adversely affected our export income, which brought forex to the country. Similarly, the said pandemic reduced foreign employment opportunities and thereby adversely affected one of Sri Lanka’s main foreign earnings”.
“In fact, the effects of the Easter Sunday bombings and the adverse effects of COVID-19, particularly, the unexpectedly large expenditure incurred for island-wide vaccination programmes and quarantine centres, long periods of lockdowns, island-wide curfews, political uncertainty and rivalry, public protests against implementing the economic policies of the government, specifically with regard to privatisation, litigation challenging the privatisation of State entities and geopolitical issues, disturbed the implementation of the policies of the government. Further, such matters adversely affected the income from tourism and witnessed the withdrawal of overseas and local investors from Sri Lanka. Hence, all such unexpected intervening factors immensely contributed to the economic and financial collapse in Sri Lanka”.
“The IMF country reports and the Cabinet Memorandums filed in court show that the fiscal and economic issues that arose in the year 2022 were partly as a result of accumulated debts that have taken place for several decades. Thus, it is not ‘just and equitable’ to hold the respondents responsible for violations of Fundamental Rights only by considering limited materials filed in court for the period commencing from 2019”.
Features
Iain Douglas-Hamilton: Science, courage, and the battle for elephants
Passing of Iain Douglas-Hamilton, a man who dedicated his life to conservation and whose life’s work leaves a lasting impact on our appreciation for, and understanding of, elephants.
– Prince William
In Africa on 08 December, 2025, when the sun slipped below the horizon, it did not only give an end for that day, but it also marked the end of a man whose knowledge and courage saved Africa’s elephants. This gentleman was none other than Iain Douglas-Hamilton! There is a beautiful African proverb that says, “When an old man dies, a library burns to the ground,” and it resonates well with Iain’s demise.
Iain pioneered behaviour research on elephants, and he was the first to highlight the elephant poaching crisis in Africa. Also, the adventures he went through to save the elephants will inspire generations.
From Oxford to Africa

The Life of the Last Proboscideans: Elephants”, authored by Muthukumarana, stands as an awardwinning, comprehensive study that integrates elephant evolution, anthropology, biology, behaviour, and conservation science.
Iain was born on 16 August, 1942, into an aristocratic family, the son of Lord David Douglas-Hamilton and Ann Prunella Stack. His parents were a distinguished couple in Britain: his father, a Scottish nobleman, served as a squadron leader in the Royal Air Force, while his mother was a pioneering figure in physical fitness and a prominent advocate for women’s rights. After finishing his school, Iain was admitted to Oxford University to study zoology. At the age of 23, for his PhD, Iain travelled to Tanzania to study the behaviour of elephants at Lake Manyara National Park. This was a daring and humble beginning that would change how the world understood elephants. He learnt to recognise individual animals based on their tusks and ears. He observed their family bonds, their grief, and their intelligence. These findings made the scientific community identify elephants as sentimental beings. During this period, he married Oria Rocco, and together they had two children, Saba and Mara.
Battle for the elephants
When ivory poaching swept across Africa and devastated elephant populations, Iain did not withdraw in despair. He confronted the crisis head-on, guided by science, rigorous data, and unwavering resolve. Through extensive aerial counts and field studies, he laid bare the scale of the tragedy—revealing that Africa’s elephant numbers had collapsed from an estimated 1.3 million to just about 600,000 in little more than 10 years.
It was largely thanks to his work that the global community saw—perhaps for the first time—the full scope of the crisis. His efforts played a pivotal role in pushing forward the 1989 international ban on ivory trade, a landmark moment for wildlife conservation.
In 1993, Iain founded Save the Elephants (STE), an organisation that would become the heart of elephant conservation efforts in Kenya and across Africa.
At STE, he pioneered the use of GPS-tracking and aerial survey techniques to monitor elephant movements, protect them from poaching, and plan safe corridors for them in increasingly human-dominated landscapes. These methods have since become standard tools in wildlife conservation worldwide.
Beyond technology and science, Iain was a mentor. He inspired — and continues to inspire — generations of conservationists, researchers, and everyday people who care deeply about wildlife. Through his books (such as Among the Elephants and Battle for the Elephants), documentaries, lectures, and personal example, he invited the world to see elephants not as trophies or commodities, but as sentient beings — worthy of awe, study, and protection.
Iain and Sri Lanka
In 2003 Iain came to Sri Lanka for the first time to attend the “Symposium on Human-Elephant Relationships and Conflict” as the keynote speaker. On that day he concluded his address by saying, “When I hear the talk of Problem Animal Control, I always wonder whether our species has the capacity for its own self-regulation or Problem Human Control in a humane and wise manner. HEC stands for Human Elephant Conflict, one of our focuses of this conference. How I wish it could come to stand for Human Elephant Coexistence, based on a recognition that other beings also need their space to live in. We are a long way from that, but I am sure that many of the findings of the talented body of researchers in this room will begin a stepwise progress in answering some of these fundamental problems.”
A few years ago Iain’s organisation STE collaborated with the Sri Lankan Wildlife Conservation Society for research activities aimed at reducing human-elephant conflict. In 2016 when the Sri Lankan government was going to destroy the confiscated illegal African elephant ivory, I made a request for Iain to write a congratulatory message to Sri Lanka’s President and Prime Minister for the wise decision they had taken. Iain sent me a four-page meaningful letter written by him, and he was joined by 18 other conservation organisations. In his letter he mentioned, “I want to offer my congratulations to the government of Sri Lanka for the laudable decision to destroy ivory stocks…” Sri Lanka is sending a message to the world that ivory should be without worth; elephants have value when alive. This is a critical message to send, particularly to the religious world, as they are sensitised about the threat religious ivory poses to elephant populations in Africa.”
Fortunately, Iain’s conservation is taken up by his children, especially his eldest daughter, Saba. In 2016 and 2024 she came to Sri Lanka for a lecture hosted by the Galle Literary Festival. Also in 2019, for the Wildlife and Nature Protection Society’s 125th Anniversary, Saba and her husband visited a gala dinner that was held to fundraise for conservation projects.
A difficult path
Iain’s path was never easy. He endured personal peril many times: from hostile terrain and unpredictable wild animals to being shot at by poachers while conducting aerial patrols over war-torn national parks.
Yet despite the danger, despite setbacks — flooded camps, lost data, shifting political tides — his conviction never wavered. His was a life marked by resilience. He refused complacency. He refused to surrender. And through every hardship, he remembered why he began: to give elephants a future.
Iain was also a pilot, and as the old English saying goes, “Pilots don’t die; they simply fly higher.” In that spirit, I wish the same peaceful ascent for Iain. My heartfelt condolences are with Iain’s family.
by Tharindu Muthukumarana ✍️
tharinduele@gmail.com
(Author of the award-winning book “The Life of Last Proboscideans: Elephants”)
Features
Awesome power of gratitude
When you hear the word gratitude the first impression you get is a tail-wagging dog. If you feed a dog one day, it will wag its tail even if you meet it after a few years. That is gratitude. In addition, dogs are great teachers. They are at home in the world. They live in the moment and they force us to stay with them. Dogs love us and remain grateful unconditionally not for our bodies or bank accounts.
Small children are taught to say ‘Thank you’ for any favour they receive from others. They do not know that the two words can have positive effects on your health and the well-being of others.
Some time ago I had to call emergency services as I found one of my family members was unconscious. Within minutes an ambulance arrived and the paramedics whisked the patient away to the nearest hospital. He was in intensive care for a few days and returned home. We were marvelled at the impact of a handful of strangers who took charge of the patient at a critical time. I immediately wrote thank you notes to those who saved the patient’s life. I knew that it was a small gesture on my part. However, it was the only way I could express my gratitude to a dedicated team.
Selfless people
Later I realized that there are a large number of selfless people who do life-saving work, but they never expect anything in return. How volunteers saved a large number of flood victims is a case in point. The flood victims may not have expressed their gratitude in so many words. However, they would have felt a deep sense of gratitude to the volunteers who saved them.
Why do people come forward to help those facing natural disasters and other dangerous situations? A recent research in the United States shows that sharing thoughts of gratitude and performing acts of kindness can boost your mood and have other positive effects on your health. Almost all religions teach that gratitude does have a good impact on your happiness. Professor of Psychology Willibald Ruch says that gratitude is among the top five predictors of happiness.
By showing gratitude you can make positive changes in your own life. If you feel a sense of gratitude whenever you receive something that is good for you, it will be a healthy sign. You cannot get such a feeling in a vacuum because others have to play their roles. They can be your loved ones, friends, strangers or even people in authority. Gratitude is how you relate to them when you see yourself in connection with things larger than yourself.
Gratification lifestyle
Strangely, many people do not pause to appreciate what others are doing for them. For this you have to blame your gratification lifestyle. With the popularity of social media the young people feel that they are the centre of the universe. They seem to think there is no necessity to thank those who help them.
Why should we thank others even for minor favours? Recent studies show that those who express gratitude increase their own happiness levels. They also lower their blood pressure levels to a great extent. On the other hand, they will be able to sleep well and improve their relationships. They are also less affected by pain because of the positive impact on their depression.
They may not know that positive effects of gratitude are long lasting. Research shows that those who write thank you notes improve their mental health. There was also a decrease in their bodily pains. What is more, they feel more energetic in completing their daily activities. Unfortunately, schools and universities do not teach the value of gratitude since it is fairly a new field of study. Researchers are still trying to find out its cause and effect relationship. We know that those who perform acts of gratitude can sleep well. However, we do not know the reason for it. Researchers are wondering whether gratitude leads to better sleep or sleep leads to more gratitude. They also probe whether there is another variable that leads to gratitude and improved sleep.
Children
Despite such controversies, we know for certain that gratitude can benefit people at any stage of life. Most elderly people remain grateful for their children and grandchildren who support them. Elderly people cannot regain their physical strength or mental agility. Therefore they focus on gratitude. They are thankful to their children and grandchildren for their present situation.
How do gratitude recipients react? Research shows that those who receive thank you notes or acts of kindness experience positive emotions. You feel happy when someone holds a door open for you. Similarly, you are happy if you receive some unexpected help. Recently I was pleasantly surprised to see that someone has credited a big sum of money to my bank account in appreciation of a small favour I had done.
When you thank someone they are more likely to return the favour or pay kindness forward. Psychologically, people feel very happy when you thank them. However, some people hesitate to say thank you. The give-and-take of gratitude deepens relationships. In a close relationship husbands and wives do not thank each other. However, there are other ways of showing gratitude. A wife can make her husband feel appreciated. Such a feeling of appreciation will go a long way to strengthen their relationship.
Some people are ungrateful by nature. However, they can learn the art of being grateful. Such people will do well to maintain a gratitude journal. It is something similar to Pinpotha maintained by Buddhists in the past. They can record positive events in the journal. At the beginning this may not be easy. With practice, however, you can do it well. I knew of a man who kept a gratitude journal. Although his family members laughed at him, he did not give up the habit. When he was diagnosed with a terminal disease he used to read his gratitude journal very happily.
By R.S. Karunaratne ✍️
Features
Another Christmas, Another Disaster, Another Recovery Mountain to Climb
The 2004 Asian Tsunami erupted the day after Christmas. Like the Boxing Day Test Match in Brisbane, it was a boxing day bolt for Indonesia, Thailand, Sri Lanka, India and Maldives. Twenty one years later, in 2025, multiple Asian cyclones hit almost all the old victims and added a few more, including Malayasia, Vietnam and Cambodia. Indonesia and Sri Lanka were hit hard both times. Unlike the 2004 Tsunami, the 2025 cyclones made landfalls weeks before Christmas, during the Christian Season of Advent, the four-week period before Christmas preparing for the arrival of the Messiah. An ominously adventus manifestation of the nature’s fury.
Yet it was not the “day of wrath and doom impending … heaven and earth in ashes ending” – heavenly punishment for government lying, as an opposition politician ignorantly asserted. By that token, the gods must have opted to punish half a dozen other Asian countries for the NPP government’s lying in Sri Lanka. Or all those governments have been caught lying. Everyone is caught and punished for lying, except the world’s Commander in Chief for lying – Donald J. Trump. But as of late and none too sooner, President Trump is getting his punishment in spades. Who would have thought?
In fairness, even the Catholic Church has banished its old hymn of wrath (Dies irae, dies illa) that used to be sung at funerals from its current Missals; and it has on offer, many other hymns of peace and joy, especially befitting the Christmas season. Although this year’s Christmas comes after weeks of havoc caused by cyclonic storms and torrential rains, the spirit of the season, both in its religious and secular senses, will hopefully provide some solace for those still suffering and some optimism to everyone who is trying to uplift the country from its overflowing waterways and sliding slopes.
As the scale of devastation goes, no natural disaster likely will surpass the human fatalities that the 2004 Tsunami caused. But the spread and scale of this year’s cyclone destruction, especially the destruction of the island’s land-forms and its infrastructure assets, are, in my view, quite unprecedented. The scale of the disaster would finally seem to have sunk into the nation’s political skulls after a few weeks of cacophonic howlers – asking who knew and did what and when. The quest for instant solutions and the insistence that the government should somehow find them immediately are no longer as vehement and voluble as they were when they first emerged.
NBRO and Landslides
But there is understandable frustration and even fear all around, including among government ministers. To wit, the reported frustration of Agriculture Minister K.D. Lalkantha at the alleged inability of the National Building Research Organization (NBRO) to provide more specific directions in landslide warnings instead of issuing blanket ‘Level 3 Red Alerts’ covering whole administrative divisions in the Central Province, especially in the Kandy District. “We can’t relocate all 20 divisional secretariats” in the Kandy District, the Minister told the media a few weeks ago. His frustration is understandable, but expecting NBRO to provide political leaders with precise locations and certainty of landslides or no landslides is a tall ask and the task is fraught with many challenges.
In fairness to NBRO and its Engineers, their competence and their responses to the current calamity have been very impressive. It is not the fault of the NBRO that local disasters could not be prevented, and people could not be warned sufficiently in advance to evacuate and avoid being at the epicentre of landslides. The intensity of landslides this year is really a function of the intensity and persistence of rainfall this season, for the occurrence of landslides in Sri Lanka is very directly co-related to the amount of rainfall. The rainfall during this disaster season has been simply relentless.
Evacuation, the ready remedy, is easier said than socially and politically done. Minister Lal Kantha was exasperated at the prospect of evacuating whole divisional secretariats. This was after multiple landslides and the tragedies and disasters they caused. Imagine anybody seriously listening to NBRO’s pleas or warnings to evacuate before any drop of rainwater has fallen, not to mention a single landslide. Ignoring weather warnings is not peculiar to Sri Lanka, but a universal trait of social inertia.
I just lauded NBRO’s competence and expertise. That is because of the excellent database the NBRO professionals have compiled, delineating landslide zones and demarcating them based on their vulnerability for slope failure. They have also identified the main factors causing landslides, undertaken slope stabilization measures where feasible, and developed preventative and mitigative measures to deal with landslide occurrences.
The NBRO has been around since the 1980s, when its pioneers supplemented the work of Prof. Thurairajah at Peradeniya E’Fac in studying the Hantana hill slopes where the NHDA was undertaking a large housing scheme. As someone who was involved in the Hantana project, I have often thought that the initiation of the NBRO could be deemed one of the positive legacies of then Housing Ministry Secretary R. Paskaralingam.
Be that as it may, the NBRO it has been tracking and analyzing landslides in Sri Lanka for nearly three decades, and would seem to have come of age in landslides expertise with its work following 2016 Aranayake Landslide Disaster in the Kegalle District. Technically, the Aranayake disaster is a remarkable phenomenon and it is known as a “rain-induced rapid long-travelling landslide” (RRLL). In Kegalle the 2016 RRLL carried “a fluidized landslide mass over a distance of 2 km” and caused the death of 125 people. International technical collaboration following the disaster produced significant research work and the start of a five-year research project (from 2020) in partnership with the International Consortium on Landslides (ICL). The main purpose of the project is to improve on the early warning systems that NBRO has been developing and using since 2007.
Sri Lankan landslides are rain induced and occur in hilly and mountainous areas where there is rapid weathering of rock into surface soil deposits. Landslide locations are invariably in the wet zone of the country, in 13 districts, in six provinces (viz., the Central, Sabaragamuwa, Uva, Northwestern, Western and Southern, provinces). The Figure below (from NBRO’s literature) shows the number of landslides and fatalities every year between 2003 and 2021.
Based on the graphics shown, there would have been about 5,000 landslides and slope failures with nearly 1,000 deaths over 19 years between 2003 and 2021. Every year there was some landslide or slope failure activity. One notable feature is that there have been more deaths with fewer landslides and vice-versa in particular years. In 2018, there were no deaths when the highest number (1,250) of landslides and slope failures occurred that year. Although the largest number in an year, the landslides in 2018 could have been minor and occurred in unpopulated areas. The reasons for more deaths in, say, 2016 (150) or 2017 (250+), could be their location, population density and the severity of specific landslides.
NBRO’s landslide early warning system is based on three components: (1) Predicting rainfall intensity and monitoring water pressure build up in landslide areas; (2) Monitoring and observing signs of soil movement and slope instability in vulnerable areas; and (3) Communicating landslide risk level and appropriate warning to civil authorities and the local public. The general warnings to Watch (Yellow), be Alert (Brown), or Evacuate (Red) are respectively based on the anticipated rainfall intensities, viz., 75 mm/day, 100 mm/day; and 150 mm/day or 100 mm/hr. My understanding is that over the years, NBRO has established its local presence in vulnerable areas to better communicate with the local population the risk levels and timely action.
Besides Landslides
This year, the rain has been relentless with short-term intensities often exceeding the once per 100-year rainfall. This is now a fact of life in the era of climate change. Added to this was cyclone Ditwah and its unique meteorology and trajectory – from south to north rather than northeast to southwest. The cyclone started with a disturbance southwest of Sri Lanka in the Arabian Sea, traversed around the southern coast from west to east to southeast in the Bay of Bengal, and then cut a wide swath from south to north through the entire easterly half of the island. The origin and the trajectory of the cyclone are also attributed to climate change and changes in the Arabian Sea. The upshot again is unpredictability.
Besides landslides, the rainfall this season has inundated and impacted practically every watershed in the country, literally sweeping away roads, bridges, tanks, canals, and small dams in their hundreds or several hundreds. The longitudinal sinking of the Colombo-Kandy Road in the Kadugannawa area seems quite unparalleled and this may not be the only location that such a shearing may have occurred. The damages are so extensive and it is beyond Sri Lanka’s capacity, and the single-term capacity of any government, to undertake systematic rebuilding of the damaged and washed-off infrastructure.
The government has its work cutout at least in three areas of immediate restoration and long term prevention. On landslides warning, it would seem NBRO has the technical capacity to do what it needs to do, and what seems to be missing is a system of multi-pronged and continuous engagement between the technical experts, on the one hand, and the political and administrative powers as well as local population and institutions, on the other. Such an arrangement is warranted because the landslide problem is severe, significant and it not going to go away now or ever.
Such an engagement will also provide for the technical awareness of the problem, its mitigation and the prevention of serious fallouts. A restructuring could start from the assignment of ministerial responsibilities, and giving NBRO experts constant presence at the highest level of decision making. The engagement should extend down the pyramid to involve every level of administration, including schools and civil society organizations at the local level.
As for external resources, several Asian countries, with India being the closest, are already engaged in multiple ways. It is up to the government to co-ordinate and deploy these friendly resources for maximum results. Sri Lanka is already teamed with India for meteorological monitoring and forecasting, and with Japan for landslide research and studies. These collaborations will obviously continue but they should be focused to fill gaps in climate predictions, and to enhance local level monitoring and prevention of landslides.
To deal with the restoration of the damaged infrastructure in multiple watershed areas, the government may want to revisit the Accelerated Mahaweli Scheme for an approach to deal with the current crisis. The genesis and implementation of that scheme involved as many flaws as it produced benefits, but what might be relevant here is to approach the different countries who were involved in funding and building the different Mahaweli headworks and downstream projects. Australia, Britain, Canada, China, Italy, Japan, Sweden and Germany are some of the countries that were involved in the old Mahaweli projects. They could be approached for technical and financial assistance to restore the damaged infrastructure pieces in the respective watershed areas where these countries were involved.
by Rajan Philips ✍️
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