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Midweek Review

Focus on Swiss role in Garnier ‘abduction’ as Furgler succeeds Mock

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By Shamindra Ferdinando

The new Swiss Ambassador, Dominik Furgler, presented his credentials to President Gotabaya Rajapaksa on Sept 30. Furgler, who succeedes Hanspeter Mock, steps in close on the heels of the Presidential Commission of Inquiry (PCoI), on political victimization, raising the issue of Inspector Nishantha Silva taking refuge in Switzerland. The PCoI directed the Criminal Investigation Department (CID) to inquire into the whereabouts of the policeman. The PCoI wants him brought back to Sri Lanka.

Having comfortably won the 2019 Nov 16 presidential poll, Gotabaya Rajapaksa appointed the PCoI to investigate allegations of political victimization, as well as interference and undue influence on the judiciary, and police, during the previous government. The PCoI consists of retired Supreme Court Justice Upali Abeyratne (Chairman), retired Appeal Court Justice Daya Chandrasiri Jayathilaka and retired IGP Chandra Fernando.

Furgler’s appointment took place amidst the on-going 45th session (Sept.14 to Oct 7) of the Geneva-based United Nations Human Rights Council where the UN, as well as UK-led Core Group raised accountability issues. They focused on the war and post-conflict issues, including a suspect arrested in connection with the 2019 Easter Sunday attacks.

At the onset of the Geneva sessions, the Core Group rather surprisingly accused the government of stepping up harassment, intimidation and surveillance, targeting civil society, since the change of regime, in Nov. 2019. It could well be part of the old Western tactic to go on the attack, no sooner the Rajapaksas were re-elected by the masses, with an overwhelming majority.

The Rajapaksas are, no doubt, the bête noir of the self-appointed international community, led by the West, due to them not being servile as in the case of our ‘right to defend ourselves’ when threatened by terrorists.

We are not for a moment saying that everything is hunky dory here, far from it. We do have a long way to go. But we are definitely not the cannibals that the West would like to paint us.

A spokesperson for the BHC reiterated the allegation in response to several questions raised by The Island as regards the recent statement by the UK’s International Ambassador for Human Rights, Rita French.

The BHC spokesperson has sent The Island the following response, on Sept 26: “The statement from the Core Group, in Geneva, agreed among Canada, Germany, North Macedonia, Montenegro and the UK, reflects recent reporting, discussions and analysis by a range of sources on the operating environment for civil society in Sri Lanka. Concerns have been publically raised and documented about increased harassment, intimidation and surveillance by the High Commissioner for Human Rights and several international NGOs. The UK has regular and wide-ranging conversations on these issues with civil society, as well as the Government of Sri Lanka”.

Rita French alleged that civil society and human rights groups, in Sri Lanka, experienced an increasingly hostile operating environment. French alleged “Instances of intimidation, harassment and surveillance continue, including threats to families of disappeared persons. Individuals are detained indefinitely without appearance before court, such as lawyer Hejaaz Hizbullah.”

Rita French conveniently refrained from mentioning why Attorney-at-law Hejaaz Hizbullah is in custody. The Attorney General compared Hejaaz Hizbullah’s conduct to that of the late British passport holder Anton Balasingham, the LTTE’s theoretician. Balasingham was buried in the UK, in Dec 2006. Nor did she mention the fact that Hejaaz’s case is before the Supreme Court of Sri Lanka, the highest court in the land.

Though the West talks so much about human rights, their own record, even now, is appalling to say the least.

If the high profile project spearheaded by the Swiss mission in Colombo meant to humiliate the new Sri Lanka administration, in Nov. 2019, succeeded, the obviously staged abduction of Swiss Embassy employee Garnier Banister Francis, too, would have been put on Sri Lanka’s account with much glee in Rita French’s statement. The trumped up victim was formerly known as Sriyalatha Perera. President Gotabaya Rajapaksa thwarted the operation by rejecting the controversial Swiss proposal to evacuate Francis, along with members of her family.

Had the President succumbed to intense pressure, the Francis issue, too, would have ended up in the Geneva agenda. That is the undeniable truth. There hadn’t been a previous instance of a Western embassy employee being abducted and sexually abused by government agents. They cooked up unprecedented allegations to tarnish President Gotabaya Rajapaksa, both locally and internationally. Even before the Swiss Embassy brought the alleged incident to the notice of the government, New York Times reported, what later a section of the media called the Francis affair. However, a hasty NYT report dated on Nov 27, 2019, and the update, two days later, revealed the status of the operation, targeting Sri Lanka.

Switzerland Ambassador Hanspeter Mock presents his credentials to President Maihripala Sirisena on Sept.6, 2018, at the President’s House. Mock succeeded Heinz Walker-Nederkoorn.

 

Fugitive inspector Nishantha-Francis link

The report headlined ‘Sri Lankan Critics Fear a Crackdown Is Underway, and Some Flee’ with strapline ‘A Swiss Embassy employee was abducted and asked about asylum applications and investigators were banned from leaving just days after Gotabaya Rajapaksa was elected’ by Maria Abi-Habib and Sameer Yasir dealt with how government agents sought information from Francis on Nov. 25, 2019, regarding Nishantha Silva, who left the country for Switzerland on the previous day. NYT quoted a spokesman for the Swiss Foreign Ministry, Pierre-Alain Eltschinger, as having said: “We can confirm that a local employee of the Embassy was detained against her will on the street and threatened at length by unidentified men in order to force her to disclose Embassy-related information.”

“Switzerland regards this incident as a very serious and unacceptable attack,” he said, adding that the Swiss government was “demanding an immediate and complete investigation into the circumstances surrounding the incident.”

The NYT asserted those who had carried out the abduction tried to find information regarding Inspector Silva investigating Gotabaya Rajapaksa. The detective fled to Switzerland, with his family, on Sunday, Nov. 24.

Hanspeter Mock wouldn’t have undertaken such a high profile operation without consulting political authorities in Bern. The accusations, as regards Francis‘ abduction were meant to justify Nishantha Silva fleeing the country. NYT claimed Nishantha Silva fled because Gotabaya Rajapaksa won the presidential election. The Swiss operation went awry primarily because the President thwarted a bold bid to hastily evacuate Francis in a special flight brought exclusively for that. Had that happened, the Swiss could have denied Sri Lanka an opportunity to examine Francis, who claimed she was sexually abused. Luckily the Swiss bid failed. Subsequently, one-time Swiss Ambassador in Colombo, Jörg Frieden, was sent to inquire into the incident. Sending Frieden was nothing but a face-saving measure taken by the Swiss in the wake of the exposure of the clandestine operation.

Sustained media coverage humiliated the Swiss, though they received initial propaganda advantage thanks, to a NYT report. The Swiss debacle coincided with the exposure of a propaganda operation undertaken by the then Minister Rajitha Senaratne in the run-up to the Nov 2019 presidential election. Dr. Senaratne’s project was meant to propagate the lie that Gotabaya Rajapaksa operated death squads. Obviously, Dr. Senaratne’s project and the Swiss operation contributed to Western efforts to demean Gotabaya Rajapaksa.

 

Swiss eat humble pie

The Swiss made a desperate effort to pressure Sri Lanka to admit wrongdoing on her part. The Swiss backed by their Western allies, like a pack of hounds, sought to bring the case to an end by evacuating the woman, along with her family, in a special air ambulance, kept waiting at the BIA. In sheer desperation, Hanspeter Mock met President Gotabaya Rajapaksa on Dec 16, 2019 to bring negotiations, regarding the alleged abduction to a conclusion, in a manner favourable to them.

Alleging that the whole thing was nothing but total fabrication, the President told Mock that there was irrefutable evidence such as Uber reports, telephone conversations and CCTV footage that point to that fact. “The Embassy official must have been compelled by some interested parties to bring myself and my government into disrepute. It is not clear why the alleged victims acted in such a manner”, the President told the Swiss Ambassador.

By then, they had been fully exposed with Francis surrendering to the CID, on Dec 16, 2019. In spite of that, the Swiss accused Sri Lanka of violating the rule of law, in respect of Francis.

Investigations revealed Francis blatantly lied. Did the Embassy employee take such a course of action in consultation with some other interested parties? Did she receive the backing of the Embassy? And, most importantly, why did the Swiss consider Nishantha Silva’s life at risk and, therefore, felt the need to provide him political asylum, while cooking up this extravagant drama?

While the Swiss had been fighting a desperate battle to save face, the mother of Francis, and her three children, left for Singapore. This was revealed before Colombo Chief Magistrate Lanka Jayaratne on Dec 30, 2019, during the proceedings that led to Francis receiving bail. The UNP, too, had a hand in Garnier’s defence with Ranil Wickremesinghe and Dr Rajitha making statements, whereas an aide to Wickremesinghe, and a friend of the writer, Attorney-at-law Sudarshana Gunawardena, too, played a role. Gunawardena’s right, however, to assist the defence, as an attorney, cannot be disputed in any way.

When Senior State Counsel Janaka Bandara alleged that Francis could receive political asylum in Switzerland as her mother and her three children had already left for Switzerland, Defence Attorney Upul Kumarapperuma said they were in Singapore.

In a piece titled ‘The alleged abduction of Garnier Banister Francis’ posted on Dec 13, 2019, a writer declared the victim had been hunted. Examination of hand phone data revealed the Swiss Embassy employee was in touch with the then Director CID, Shani Abeysekera, Inspector Nishantha Silva, Observer Editor Darisha Bastian et al. Bastian had been a regular contributor to NYT. The sim card used by Francis had been issued to journalist Lakna Paranamana, the recipient of the Denzil Pieris Young Reporter of the Year award at the 2011 Editors’ Guild awards and a junior to Bastian at the now defunct The Nation newspaper. Investigations revealed that Inspector Nishantha Silva had been in touch with SSP Abeysekera, before the former left for Singapore.

Dharisha Bastian, too, left the country, in November 2019, amidst the investigation. The Committee to Protect Journalists (CPJ) in a statement datelined New York condemned the Lankan police probe, especially the seizure of Bastian’s laptop. The statement quoted Aliya Iftikhar, CPJ’s senior Asia researcher as having said: “CPJ strongly objects to the seizure of journalist Dharisha Bastian’s laptop and is concerned it could further endanger her sources. Sri Lankan authorities should immediately end this intimidation campaign against Bastian, which is clearly a retaliation for her critical reporting.”

The Swiss project ended up in disaster for those who planned the Blitzkrieg against President Gotabaya Rajapaksa.

 

Hanspeter Mock’s successor, Dominik Furgler, presents his credentials to President Gotabaya Rajapaksa on Sept. 30, 2020 at the President’s House.

A Swiss statement dated Nov 29, 2019

At the onset of the operation, the Swiss remained confident of bringing it to a successful conclusion. In spite of a section of the local media taking a hostile view, Mock, as part of his overall strategy, issued the following statement: “On 25 November 2019, a serious security incident, involving a local employee of the Embassy of Switzerland, in Colombo, occurred. The employee was detained against her will in the street, forced to get into a car, seriously threatened at length by unidentified men and forced in order to disclose Embassy-related information.

Several false pieces of information are circulating in the reporting of this incident. The Swiss Embassy in Colombo is issuing the following clarifications:

1.

The Swiss Embassy immediately lodged a formal complaint and is fully cooperating with the Sri Lanka authorities in order to support police investigation and initiate an inquiry over the case, while duly considering the health condition of the victim and their relatives.

2.

Due to a deteriorating health condition, the victim is currently not in a state to testify.

3.

It has been alleged that the Swiss government rejected a request for the extradition of an employee of the Sri Lankan Criminal Investigation Department (CID) and his family. No such request has been submitted.

The Swiss denied receiving a formal request from Sri Lanka for the extradition of Nishantha Silva. There is absolutely no dispute over that. The Swiss statement, issued in less than a week after Nishantha Silva reached Switzerland, stated the obvious. But, strangely, Sri Lanka hadn’t made a formal request for the fugitive policeman’s extradition, 11 months after he left the country. The PCoI taking up the disappearance should prompt police headquarters to take tangible measures in this regard. Wouldn’t it be the responsibility of Foreign and Defence Ministries to take up this matter at the highest level? Ideally, the issue should have been taken up at cabinet level, as well, as the National Security Council (NSC). Foreign and Defence Ministries owed an explanation as regards the failure on their part to address Nishantha Silva’s issue till PCoI raised it recently.

Having played politics with Sri Lanka, Switzerland demanded Sri Lankan judicial authorities ensured that the personal rights of Embassy employees were better protected and that national law and international standards complied with in the further proceedings.

The government never made an attempt to establish why the Swiss accommodated Nishantha Silva on its political asylum programme. The government lacked the will to inquire into the circumstances leading to Nishantha Silva ending up in Switzerland. Francis, too, would have ended up there if not for President Gotabaya Rajapaksa’s intervention. Now that the PCoI issued directions to secure Nishantha Silva’s repatriation, it would be interesting to see how those responsible proceed with the task.

The government unnecessarily getting embroiled in ‘20 A’ fiasco may neglect the missing CID officer’s case or Francis inquiry. The cases should be considered together and also examined against the backdrop of overall accountability accusations arising out of the 2015 Geneva Resolution. British Human Rights Ambassador French’s statement as well as other statements delivered/reports submitted at the on-going Geneva session underscored Sri Lanka’s responsibility to defend her armed forces.

Western powers continue to repeat the same accusations regardless of constant denials by Sri Lanka. Sri Lanka’s Acting Permanent Representative in Geneva Dayani Mendis during ongoing sessions pointed out the UN strategy.

Over a decade after the conclusion of the war successfully against the LTTE, despite numerous odds, Sri Lanka is still struggling to answer war crimes allegations. Sri Lanka’s failure to properly exploit Lord Naseby’s Oct 2017 bombshell disclosure is a mystery. Can it be deliberate? Or sheer negligence on the part of successful political leaderships? How can one justify such ignorance from those elected representatives? Handling of unsubstantiated war crimes allegations as well as the contentious Swiss matter is certainly not satisfactory. In spite of Sri Lanka withdrawing from the Geneva Resolution, the process continues as underscored by UN/Core Group statements made during the ongoing sessions and Sri Lanka’s response. Sri Lanka cannot ignore the threat posed by the Geneva process et al. Handling of the Swiss Embassy matter would indicate the incumbent government’s readiness to address overall threat on the human rights front.



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Midweek Review

BASL fears next set of civil society representatives might be rubber stamps of NPP

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A group of officials from National Audit Office of Sri Lanka attend a capacity building programme in India

CC in dilemma over filling impending vacancies

Sajith Premadasa

Amidst a simmering row over the controversial move to have Deshabandu Tennakoon as the IGP at the time of crucial presidential election, Opposition Leader Sajith Premadasa alleged: “The Speaker sent a letter to the President, recommending the appointment of Deshabandu Tennakoon as IGP. He distorted the Constitutional Council ruling by interpreting the two abstaining votes of civil society members as votes against Deshabandu and used his casting vote to recommend Deshabandu as the Constitutional Council decision. It is on the basis of the Speaker’s letter that the President made the appointment. The Speaker has blatantly violated the Constitution

.”

Speculation is rife about a possible attempt by the ruling National People’s Power (NPP) to take control of the 10-member Constitutional Council (CC). The only way to take command of the CC is to appoint those willing to pursue the NPP agenda as civil society representatives.

Against the backdrop of the NPP’s failure to obtain CC’s approval to finalise the appointment of the Auditor General, the government seems hell-bent on taking control of it. Civil society representatives, namely Dr. Prathap Ramanujam, Dr. (Mrs.) Dilkushi Anula Wijesundere and Dr. (Mrs.) Weligama Vidana Arachchige Dinesha Samararatne, whose tenure is coming to an end in January, blocked President Anura Kumara Dissanayake’s nominee receiving the AG’s position. They took a courageous stand in the greater interest of the nation.

Chulantha Wickramaratne, who served as AG for a period of six years, retired in April 2025. Following his retirement, President Anura Kumara Dissanayake first nominated H.T.P. Chandana, an audit officer at the Ceylon Petroleum Corporation. The CC rejected the nomination. Subsequently, President Dissanayake appointed the next senior-most official at the National Audit Office (NAO) Dharmapala Gammanpila, as Acting Auditor General for six months. Then, the President nominated Senior Deputy Auditor General L.S.I. Jayarathne to serve in an acting capacity, but her nomination, too, was also rejected.

Many an eyebrow was raised when the President nominated O.R. Rajasinghe, the Internal Audit Director of the Sri Lanka Army, for the top post. As a result, the vital position remains vacant since 07 December. Obviously the overzealous President does not take ‘No’ for an answer when filling key independent positions with his minions

The Bar Association of Sri Lanka (BASL) in a letter dated 22 December, addressed to President Dissanayake, who is the leader of the NPP and the JVP, Prime Minister Dr. Harini Amarasuriya, Speaker Dr. Jagath Wickremaratne and Opposition Leader Sajith Premadasa emphasised their collective responsibility in ensuring transparency in the appointment of civil society representatives.

Cabinet spokesperson and Health and Media Minister, Dr. Nalinda Jayatissa, is on record as having emphasised the urgent need to finalise the appointment. Minister Jayatissa alleged, at the post-Cabinet media briefing, that the President’s nominations had been rejected without giving explanation by certain members, including three representatives of civil society.

Parliament, on 18 January, 2023, approved the former Ministry Secretary Dr. Ramanujam, former Chairperson of the Sri Lanka Medical Association Dr. Wijesundere, and Dr. Samararatne of the University of Colombo as civil society representatives to the CC.

They were the first post-Aragalaya civil society members of the CC. The current CC was introduced by the 21 Amendment to the Constitution which was endorsed on 31st of October, 2022, during a time of grave uncertainty. UNP leader Ranil Wickremesinghe, who had been elected by the SLPP to complete the remainder of ousted President Gotabaya Rajapaksa’s five-year term, sought to manipulate the CC. Wickremesinghe received the SLPP’s backing though they fell out later.

During Wickremesinghe’s tenure as the President, civil society representatives earned the wrath of the then Rajapaksa-Wickremesinghe government by refusing to back Deshabandu Tennakoon’s appointment as the IGP. The then Speaker Mahinda Yapa Abeywardena was accused of manipulating CC’s ruling in respect of Deshabandu Tennakoon to suit Wickremesinghe’s agenda.

Amidst a simmering row over the controversial move to have Deshabandu Tennakoon as the IGP, at the time of crucial presidential election, Opposition Leader Sajith Premadasa alleged: “The Speaker sent a letter to the President, recommending the appointment of Deshabandu Tennakoon as IGP. He distorted the Constitutional Council ruling by interpreting the two abstaining votes of civil society members as votes against Deshabandu and used his casting vote to recommend Deshabandu as the Constitutional Council decision. It is on the basis of the Speaker’s letter that the President made the appointment. The Speaker has blatantly violated the Constitution.”

The NPP realises the urgent need to neutralise the CC. The composition of the CC does not give the Opposition an opportunity to challenge the government if the next three civil society representatives succumb to political pressure. The Speaker is the Chairman of the CC. The present composition of the Constitutional Council is as follows: Speaker (Dr) Jagath Wickramaratne, ex-officio, PM (Dr) Harini Amarasuriya, ex-officio, Leader of the Opposition Sajith Premadasa, ex-officio, Bimal Rathnayake, Aboobucker Athambawa, Ajith P. Perera, Sivagnanam Shritharan, Dr Prathap Ramanujam, Dr Dilkushi Anula Wijesundere and Dr Dinesha Samararatne.

In terms of Article 41E of the Constitution, the CC meets at least twice every month, and may meet as often as may be necessary.

The failure on the part of the NPP to take over Office of the AG must have compelled them to explore ways and means of somehow bringing CC under its influence. The end of the current civil society members’ term, has given the government a chance to fill the vacancies with henchmen.

BASL’s letters that dealt with the appointment of civil society representatives to the CC and the failure to appoint AG, both dated 22 December, paint a bleak picture of the NPP that throughout the presidential and parliamentary polls last year assured the country of a system change. The NPP’s strategy in respect of filling the AG’s vacancy and possible bid to manipulate the CC through the appointment of civil society representatives reminds us of the despicable manipulations undertaken by previous governments.

An appeal to goverment

BASL seems convinced that the NPP would make an attempt to appoint its own to the CC. BASL has urged the government to consult civil society and professional bodies, including them, regarding the forthcoming vacancies in the CC. It would be interesting to examine the NPP’s strategy as civil society, too, would face daunting challenges in choosing representatives.

Civil society representatives are nominated by the Speaker by agreement of the Prime Minister and the Leader of the Opposition.

If consensus cannot be reached swiftly, it would cause further political turmoil at a time the country is experiencing an unexpected burden of dealing with the post-Cyclone Ditwah recovery process.

The term of non-ex-officio members of the Council is three years from the date of appointment. In terms of the Constitution, the civil society representatives should be persons of eminence and integrity who have distinguished themselves in public or professional life and who are not members of any political party. Their nominations should be approved by Parliament.

In spite of the NPP having an absolute 2/3 majority in Parliament, the ruling party is under pressure. The composition of the CC is a big headache for NPP leaders struggling to cope up with rising dissent over a spate of wrongdoings and a plethora of broken promises. The furore over the inordinate delay in finalising AG’s appointment has made matters worse, particularly against the backdrop of the BASL, Transparency International Sri Lanka Chapter and Committee on Public Finance, taking a common stand.

Having been part of the clandestine regime change project in 2022; Western powers and India cannot turn a blind eye to what is going on. Some Colombo-based foreign envoys believe that there is no alternative to the NPP and the government should be given the opportunity to proceed with its action plan. The uncompromising stand taken by the NPP with regard to the appointment of permanent AG has exposed the ruling party.

In the wake of ongoing controversy over the appointment of the AG, the NPP’s integrity and its much-touted vow to tackle waste, corruption, irregularities and mismanagement seems hollow.

The government bigwigs must realise that appointment of those who campaigned for the party at the presidential and parliamentary polls caused deterioration of public confidence. The appointment of ex-top cops Sharnie Abeysekera and Ravi Seneviratne with black marks as Director, CID and Secretary to the Ministry of Public Security and Parliamentary Affairs, eroded public confidence in the NPP administration.

A vital role for CC

The SLPP, reduced to just three lawmakers in the current Parliament, resented the CC. Having secured a near 2/3 majority in the House at the 2020 Parliamentary election, the SLPP made its move against the CC, in a strategy that was meant to strengthen President Gotabaya Rajapaksa’s hands at the expense of Parliament. Introduced in 2001 during Chandrika Bandaranaike Kumaratunga’s presidency, the 17th Amendment paved the way for the establishment of the CC. Those who wielded political power subjected the CC to critical changes through 18th, 19th and 20th amendments. Of them, perhaps, the 20th Amendment to the Constitution that had been passed in October 2020 is the worst. The SLPP replaced the CC with a Parliamentary Council. That project was meant to consolidate power in the Executive President, thereby allowing the appointment of key officials, like judges, the Attorney General, and heads of independent commissions.

People may have now forgotten the 20th Amendment removed civil society representatives from the so-called Parliamentary Council consisting of lawmakers who represented the interests of the government and the main Opposition. But such manipulations failed to neutralise the challenge (read Aragalaya) backed by external powers. The role played by the US and India in that project has been established and there cannot be any dispute over their intervention that forced Gotabaya Rajapaksa to flee the country.

Interestingly, Ranil Wickremesinghe, who had been picked by the SLPP to complete the remainder of Gotabaya Rajapaksa’s term, restored the CC through the passage of 21 Amendment on 31 October, 2022. Unfortunately, the NPP now wants to manipulate the CC by packing it with those willing to abide by its agenda.

It would be pertinent to mention that the 20th Amendment was aimed at neutralising dissent at any level. Those who formulated that piece of legislation went to the extent of proposing that the President could sack members appointed to the Parliamentary Council by the Prime Minister and the Opposition Leader without consulting anyone.

If not for the Aragalaya, the Parliamentary Council that didn’t serve any meaningful purpose could have paved the way for the President to fill all key positions with his nominees.

Recommendation of nominations to the President for the appointment of Chairpersons and Members of Commissions specified in the Schedule to Article 41B of the Constitution.

Commissions specified in the Schedule to Article 41B: The Election Commission, the Public Service Commission, the National Police Commission, the Audit Service Commission, the Human Rights Commission of Sri Lanka, the Commission to Investigate Allegations of Bribery or Corruption, the Finance Commission, the Delimitation Commission and the National Procurement Commission.

Approval/ Disapproval of recommendations by the President for the appointment to the Offices specified in the Schedule to Article 41C of the Constitution.

Offices specified in the Schedule to Article 41C: The Chief Justice and the Judges of the Supreme Court, the President and the Judges of the Court of Appeal, the Members of the Judicial Service Commission, other than the Chairman, the Attorney-General, the Governor of the Central Bank of Sri Lanka, the Auditor-General, the Inspector-General of Police, the Parliamentary Commissioner for Administration (Ombudsman) and the Secretary-General of Parliament.

NPP under pressure

In spite of having the executive presidency, a 2/3 majority in the legislature, and the bulk of Local Government authorities under its control, the NPP is under pressure. Their failure to muster sufficient support among the members of the Colombo Municipal Council (CMC) to pass its 2026 Budget underscored the gravity of the developing situation. The unexpected loss suffered at the CMC shook the ruling party.

But, the NPP faces a far bigger challenge in filling the AG’s vacancy as well as the new composition of the CC. If the NPP succeeds with its efforts to replace the current civil society representatives with rubber stamps, the ruling party may feel vindicated but such feelings are likely to be short-lived.

Having criticised the government over both contentious matters, the BASL may be forced to step up pressure on the government unless they can reach a consensus. It would be really interesting to know whether the government accepted the BASL’s request for consultations with the stakeholders. Unless consensus can be reached between the warring parties there is possibility of opening of a new front with the BASL and civil society being compelled to take a common stand against the government.

The developing scenario should be examined taking into consideration political parties and civil society confronting the government over the proposed Protection of the State from Terrorism Act (PSTA). Having promised to do away with the Prevention of Terrorism Act (PTA) in the run up to the presidential election, the NPP is trying to explain that it cannot do without anti-terrorism law. The civil society is deeply unhappy over the NPP’s change of heart.

The National Peace Council (NPP) that has been generally supportive and appreciative of the NPP’s efforts probably with the blessings of its benefactors in the West, too, has now found fault with the proposed PSTA. Dr. Jehan Perera, NPP’s Executive Director commented: “A preliminary review of the draft PSTA indicates that it retains core features of the PTA that have enabled serious abuse over decades. These include provisions permitting detention for up to two years without a person being charged before a court of law. In addition, the broad definition of terrorism under the draft law allows acts of dissent and civil disobedience to be labelled as terrorism, thereby permitting disproportionate and excessive responses by the state. Such provisions replicate the logic of the PTA rather than mark a clear break from it.”

Except the BASL, other professional bodies and political parties haven’t commented on the developing situation at the CC while taking into consideration the delay in appointing an AG. The issue at hand is whether the government intends to hold up AG’s appointment till the change of the CC’s composition in its favour. Whatever the specific reasons, a country that has suffered for want of accountability and transparency, enters 2026 without such an important person to guard against all types of financial shenanigans in the state.

All previous governments sought to influence the Office of the AG. The proposed establishment of NAO prompted the powers that be to undermine the effort. The Yahapalana administration diluted the National Audit Bill and what had been endorsed as National Audit Act, Nov. 19 of 2018 was definitely not the anti-corruption grouping originally proposed. That Act was amended this year but the Office of the AG remains vacant.

The NPP has caused itself immense harm by failing to reach consensus with the CC on filling the AG’s post. Unfortunately, the ruling party seems to be uninterested in addressing the issue expeditiously but is exploring the possibility of taking over control of the CC by stuffing it with civil society members favourable to the current ruling clique.

By Shamindra Ferdinando

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Midweek Review

Towards Decolonizing Social Sciences and Humanities

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‘Can Asians Think?’

I want to initiate this essay with several questions. That is, are we, in Sri Lanka and in our region, intellectually subservient to what is often referred to as the ‘West’? Specifically, can knowledge production in broad disciplinary areas such as social sciences and humanities be more creative, original and generated in response to local conditions and histories, particularly when it comes to practices such as formulating philosophy and theory as well as concepts and approaches? Why have we so far imported these from Western Europe and North America as has been the undisputed norm?

In exploring the responses and delving into this discussion, I will seek reference from the politics of the recently published book, Decolonial Keywords: South Asian Thoughts and Attitudes edited by Renny Thomas from the Department of Humanities and Social Sciences at the Indian Institute of Science Education and Research – Bhopal and me. The book was brought out by Delhi-based Tulika Publishers in December 2025.

Let me first unpack my anxiety over theory and philosophy, which I have talked about many times previously too. Any social science or humanities text we read here or elsewhere in South Asia invariably borrows concepts, theories and philosophical input generated mostly in Western Europe and North America. It almost appears as if our region is incapable of serious and abstract thinking.  It is in this same context, but specifically with reference to India that Prathama Banerjee, Aditya Nigam and Rakesh Pandey have observed in their critical essay, ‘The Work of Theory Thinking across Traditions’ (2016), that for many “theory appears as a ready-made body of philosophical thought, produced in the West …” They argue, “the more theory-inclined among us simply pick the latest theory off-the-shelf and ‘apply’ it to our context, notwithstanding its provincial European origin, for we believe that ‘theory’ is by definition universal.”

Here, Banerjee et al make two important points. That is, there is an almost universal acceptability in the region that ‘theory’ is a kind of philosophical work that is exclusively produced in the West, followed by an almost blind and unreflective readiness among many of us to simply apply these ideas to local contexts. In doing so, they fail to take into serious consideration the initial temporal and historical contexts in which these bodies of knowledge were generated.  However, theory or philosophy is not universal.

This knowledge is contextually linked to very specific social, political and historical conditions that allowed such knowledge to emanate in the first place. It therefore stands to reason that such knowledge cannot be applied haphazardly/ willy-nilly anywhere in the world without grave consequences.  Of course, some ideas can be of universal validity as long as they are carefully placed in context. But to perceive theory or philosophy as all-weather universals is patently false even though this is the way they are often understood from universities to segments within society in general.  This naiveté is part of the legacy of colonialism from which these disciplines as well as much of their theoretical and philosophical structures have been bequeathed to us.

It is in this context that I would like to discuss the politics our book, Decolonial Keywords: South Asian Thoughts and Attitudes entail. Here, thirty South Asian scholars from across disciplines in social sciences and humanities have come together to “discuss words and ideas from a variety of regional languages, ranging from Sinhala to Hebrew Malayalam” encapsulating “the region’s languages and its vast cultural landscape, crossing national borders.” To be more specific, these languages include Assamese,  Arabic-Malayalam, Bengali, Hebrew Malayalam, Hindi, Nepali, Sanskrit, Sinhala, South Asian uses of English, Tamil-Arabic, Tamil, Urdu and concepts from indigenous languages of Nagaland and Arunachal Pradesh.

Each chapter, focuses on a selected word and “reiterates specific attitudes, ways of seeing and methods of doing that are embedded in the historical and contemporary experiences of the region” keeping in mind “the contexts of their production and how their meanings might have changed at different historical moments.”

In this exploration, the volume attempts to understand “if these words and concepts can infuse a certain intellectual rigour into reinventing social sciences and humanities in the region and beyond.” In short, what we have attempted is to offer a point of departure to a comprehensive and culturally, linguistically and politically inclusive effort at theory-building and conceptual fine-tuning based on South Asian experiences and histories.  We assume these concepts from our region might be able to speak to the world in the same way schools of thought in politically dominant regions of the world have done so far to us. This is a matter of decolonizing our disciplines. But it is still not a claim for universality. After all, our main focus is to come up with a body of conceptual categories that might be useful in reading the region.

When Sri Lankan social sciences and humanities as well as the same disciplines elsewhere in the region thoughtlessly embrace knowledges imported in conditions of unequal power relations, it can never produce forums for discourse from which we can speak to the world with authority.  In this book, Thomas and I have attempted, as an initial and self-conscious effort, to flip the script on theory-building and conceptualization in social sciences and humanities in South Asia in the region’s favour.

We are however mindful that this effort has its risks, intellectually speaking.  That is, we are conscious this effort must be undertaken without succumbing to crude and parochial forms of nativism that are also politically powerful in the region including in Sri Lanka and India. This book presents an array of possibilities if we are serious about decolonizing our social sciences and humanities to infuse power into the discourses we generate and take them to the world instead of celebrating our parochiality like the proverbial frog in the well. Unfortunately, more often than not, we are trained to be intellectually subservient, and mere followers, not innovators and leaders bringing to mind the polemical title of Kishore Mahbubani’s 2002 book, Can Asians Think?

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Midweek Review

The ever-changing river: Chandana Ruwan Jayanetti’s evolving poetic voice

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Poems from Galle , by Chandana Ruwan Jayanetti, was launched on December 20 at Dakshinapaya, the auditorium of the Chief Ministry of the Southern Provincial Council, Labuduwa, Galle. Head table at the launch (from left): author Jayanetti; Minister of Buddhasasana, Religious and Cultural Affairs Dr. Hiniduma Sunil Senevi; Emeritus Professor Rajiva Wijesinha; and renowned poet, lyricist, and literary figure Dr. Rathna Sri Wijesinghe.

It is said that no man steps into the same river twice, for it is not the same river, and he is not the same man. These words came to mind upon reading Chandana Ruwan Jayanetti’s latest poetry collection, Poems from Galle, which inevitably invites comparison with his earlier work, particularly his first volume of poetry and prose, Reflections in Loneliness: A Collection of Poems and Prose (2015).

In this new collection, Jayanetti is demonstrably not the same poet he was a decade ago. His horizons have widened. his subject matter has diversified, and his thematic range has deepened. The earlier hallmarks of his work, including his empathetic attention to human experience, sensitivity to the natural world, and intimate, reflective tone, remain present. Yet they are now complemented by a stronger defiance, a more deliberate engagement with the political and the cosmic, and a broader mosaic of local and universal concerns. His poetic voice has evolved in scope, tonal range, and thematic ambition.

My own acquaintance with Jayanetti’s poetry dates back to our undergraduate days at Sabaragamuwa University of Sri Lanka, where we were classmates pursuing a BA in Languages (English Special). Even then, his work revealed precise observational skill coupled with profound sympathy for individuals. This early sensibility found fuller articulation in Reflections in Loneliness, a collection spanning nearly two decades of creative endeavor.

That inaugural volume traversed a wide thematic landscape: childhood memories; tender compassion toward humans and animals; tributes to the deserving; the joys and sorrows of young love; and reflections on Sri Lanka’s three-decade Northeast conflict, which concluded in 2009. Jayanetti’s verse, written with sincerity and empathy, moves fluidly from deeply personal to universally human. Moments of striking poignancy include the loss of his wife’s mother, the death of a young friend who marched unflinchingly to the warfront, and the bittersweet parting from a lover.

The prose section of Reflections in Loneliness offered a return to the rural simplicity of the 1970s and ’80s through the perspective of a schoolboy. Essays such as We Buy a Bicycle, Television Descends, The Village Goes to the Fair, Bathing Excursions and Hingurakanda evoke a bygone era with unvarnished authenticity. As literary critic Kamala Wijeratne noted, Jayanetti’s prose merited commendation for its perceptive and affectionate portrayal of rural life, written with the authority of lived experience. His meticulous attention to minute details revealed not only the flaws and frailties of human nature but also its loyalties and quiet virtues, articulated with unforced sympathy.

Consisting of 31 poems and five prose pieces, Reflections in Loneliness established Jayanetti as a writer of elegance, precision, and emotional depth. The current collection, however, confirms the Heraclitean and Buddhist insights: both the poet and his poetry have changed. The new work reflects an expansion from the personal to the cosmic, from the intimately local to the globally resonant, a testament to an artist in motion, carried forward by the ever-changing current of his creative life.

Jayanetti’s poetic corpus in the new book Poems from Galle, spanning thirty-five evocative works from They Heard the Cock Crow to A Birthday Celebration, reveals a profound and consistent artistic signature rooted in themes of humanity, nature, history, and social consciousness. Throughout these poems, Jayanetti demonstrates a distinctive voice that is simultaneously empathetic, contemplative, and alert to the complexities of his Sri Lankan heritage and the broader human condition. While maintaining a core of thematic and tonal consistency, each poem enriches this foundation by expanding into new dimensions of experience, whether personal, ecological, political, or historical.

A foundational element of Jayanetti’s poetry is the intimate relationship between humans and nature, frequently underscored by a deep ethical awareness. In poems like From a Herdman’s Life and My Neighbor, he gives voice to the quiet dignity of rural existence and animal companionship, portraying a symbiotic bond imbued with mutual care and respect. Similarly, Fallen Elephant and Inhumanity lament the cruelty inflicted upon majestic creatures, indicting human greed and violence. These poems articulate not only empathy for the natural world but also an implicit call for stewardship, threading a moral sensibility throughout the collection.

This concern extends to the socio-political sphere, as Jayanetti often situates his poems within the fraught realities of Sri Lanka’s history and struggles. Homage to Sir Henry Pedris honors a national martyr, while Confession of a Sri Lankan Cop exposes institutional corruption and personal integrity in tension. Hanuma Wannama and Gone Are They tackle political violence and social upheaval, reflecting the poet’s engagement with national trauma and collective memory. These works enrich the thematic landscape by connecting personal narrative to larger historical forces.

Jayanetti’s choice of subjects is remarkably diverse yet unified by a focus on lived experience—ranging from the intimate (To a Puppy That Departed, Benji) to the grand (Mekong, A Voyage). The poet’s attention to place, whether the Sri Lankan cityscape in City Morning and Evening from the College Terrace or the historic Ode to Galle Fort, anchors his work in locality while evoking universal themes of time, change, and belonging. Even poems centered on seemingly mundane moments, such as Staff Meeting or A Game, are elevated by the poet’s keen observational eye and capacity to find meaning in everyday rituals.

Moreover, Jayanetti often draws from historical and cultural memory, as seen in Ludowyk Remembered, Let Ho Chi Minh Guide You, and Rathna Sri Remembered, positioning his poetry as a dialogue between past and present. This choice expands his thematic range to include legacy, identity, and the power of remembrance, linking the individual to the collective consciousness.

Across the collection, Jayanetti’s tone is marked by a blend of gentle empathy and quiet strength. Poems such as A Companion Departed and To a Puppy That Departed convey tenderness and mourning with understated poignancy. His voice is intimate and accessible, inviting readers into personal reflections suffused with emotional depth.

Yet, this empathy is balanced by moments of stark realism and defiance.

In Corona and Hanuma Wannama, the tone shifts to urgent and accusatory, critiquing social injustice and political decay. A Ship Weeps mourns environmental devastation with an elegiac voice that is both sorrowful and admonitory. This tonal range reveals a poet capable of both consolation and confrontation, who embraces complexity rather than sentimentality.

While many poems explore specific moments or relationships, others invite contemplation on broader existential and cosmic themes. For instance, A Voyage and Mekong traverse spatial and temporal boundaries, evoking the interplay between human journeys and natural cycles. A Birthday Celebration reflects on legacy, learning, and the continuum of knowledge, blending personal homage with universal insight.

Even poems like A Bond and A Game gesture toward symbolic resonance, the former exploring interspecies loyalty as a metaphor for fidelity and duty, the latter invoking sport as a microcosm of life’s challenges and hopes. These works demonstrate Jayanetti’s ability to expand familiar motifs into metaphoric and philosophical territory, enriching his poetic landscape.

Jayanetti’s thirty-five poems in Poems from Galle collectively reveal a consistent and compelling artistic signature that intertwines compassionate engagement with nature and society, a profound sense of place, and an acute awareness of history and memory. His voice navigates seamlessly between moments of intimate reflection and urgent social commentary, creating a poetic landscape that resonates with both specificity and universality.

Each poem adds a distinct dimension to this mosaic. Historical and political awareness emerges strongly in poems like Let Ho Chi Minh Guide You and Homage to Sir Henry Pedris, where the sacrifices of national heroes and struggles for justice are evoked with reverence and clarity. Meanwhile, environmental consciousness is vividly articulated in works such as Abandoned Chena, Kottawa Forest, and Fallen Elephant, where the fragility of ecosystems and the human impact on nature are poignantly explored.

Jayanetti also delves deeply into themes of personal loss and companionship in poems like Benji, A Companion Departed, and In Memory of Brownie, tenderly capturing the bond between humans and animals. Poems like Confession of a Sri Lankan Cop and Hanuma Wannama offer raw social critique, revealing layers of political and moral complexity.

Through this interplay of historical, environmental, personal, and political themes, Jayanetti constructs a body of work that is distinctly Sri Lankan in its cultural and geographical grounding yet profoundly universal in its exploration of human experience. His poetry invites readers to reflect on the interconnected fates of humans, animals, and the natural world, urging a deeper awareness of our shared existence and responsibilities.

by Saman Indrajith

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