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Editorial

From the authors of 18A and 19A

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Friday 12th November, 2021

The government is acting as if it had solved all the burning problems the country is beset with; it has undertaken to unveil the draft of the proposed Constitution, before the end of this year. Prime Minister Mahinda Rajapaksa himself said so in Parliament on Wednesday. Why is the government in such a mighty hurry? Why isn’t it equally keen to fulfil the other election promises, which are legion.

The government is like an overloaded tuk-tuk fitted with a lorry horn. It makes all the noise in the world, but its performance is abysmally poor. It has bitten off more than it can chew by accelerating its constitution-making project. Having got its priorities mixed up, it is inviting trouble. The unveiling of the draft Constitution is bound to trigger protests amidst the current national health emergency.

What needs to be done urgently at this hour is to beat the virus decisively and straighten up the economy, which is teetering on the brink of bankruptcy. There are many other unresolved issues such as labour disputes, and the prospect of widespread industrial action in case of the government going ahead with the New Fortress energy deal, etc. There are signs of another explosive spread of Covid-19, but the government does not seem to care. If the country happens to be locked down again, not even the deities who are believed to have made this country their abode will be able to save us.

A book can be judged by its author’s reputation, and that is why popular writers’ names are printed in bigger font sizes than the titles of their works. The same is true of Constitutions and amendments thereto. When mention is made of the US Constitution, the names of great leaders like George Washington, Thomas Jefferson, James Madison, John Adams invariably come to mind. It is the collective vision of those personalities, who passionately loved their land, and other patriotic Founding Fathers, that is reflected in the US Constitution, and has made the American democracy robust so much so that it has survived the likes of President Donald Trump.

America’s political leaders, in days of yore, had the capacity to contribute to the framing of the supreme law. Statespersons of such calibres are rare today even in the US, and we, in this part of the world, have been left with a bunch of ‘leaders’ who cannot even have a Gazette notification properly drafted.

A discussion on the promised Constitution at this juncture is like preparing a horoscope for an unborn baby, as a popular local saying goes, but it is certainly naïve to have high hopes, given the reputations of the political leaders behind the project.

Prime Minister Rajapaksa, on Thursday, spoke of the flaws in the present Constitution and its amendments. It is he who introduced the 18th Amendment, one of the worst pieces of legislation the country has ever seen. His brother, President Gotabaya Rajapaksa, overtook him by having the 20th Amendment passed. If the 20th Amendment is abolished with the 19th Amendment being reintroduced with some changes thereto to cleanse it of yahapalana politics, the existing Constitution can work until the time is opportune for making a new Constitution.

Meanwhile, the government leaders involved in the constitution-making project should heed what a federal judge told former US President Trump on Tuesday: “The Presidents are not Kings.” Blessed is a country that has intrepid judges capable of humbling arrogant politicians. We are not that lucky. That is why we have Presidents acting like monarchs.

One can only hope that the Constitution which is said to be on the anvil will not be an exercise to compass the political ends of those in power, especially the ruling family, which has a deep batting lineup, as it were.



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Editorial

PC polls: A bid to exploit Ditwah impact?

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Tuesday 10th February, 2026

The Opposition has accused the government of seeking to exploit the impact of Cyclone Ditwah to postpone the much-delayed Provincial Council (PC) elections. It has challenged the JVP-led NPP to hold the PC polls immediately. Pivithuru Hela Urumaya leader and former minister Udaya Gammanpila told the media yesterday that the government was all out to avoid an electoral contest on some pretext or another because its vote share had dropped drastically, according to a recent survey.

The government’s approval rating must be decreasing. Otherwise, it would have amended the PC Elections Act promptly and held the PC polls under the Proportional Representation system. However, this does not mean that the Opposition is ready for an election and in a position to turn the tables on the government. Both the government and the Opposition are afraid of facing an election any time soon.

It amounts to a blatant subversion of democracy for a government to meddle with the country’s election calendar. Elections must not be advanced or postponed to suit anyone’s political agenda. Ideally, there should be midterms, which help gauge public perception of the performance of a government. The PC polls are expected to act as a referendum on the incumbent administration’s performance.

It is only wishful thinking that a government can win elections by postponing them. A poll postponement is counterproductive in that it causes public anger to well up and find expression in massive protest votes resulting in electoral anomalies, such as the return of corrupt politicians to power or huge majorities for untested political entities. One may recall that in 1977, the SLFP-led United Front government suffered a crushing defeat after postponing a general election. The UNP won an unprecedented five-sixths majority in Parliament. The SLFP could not make a comeback for 17 long years. The second term of President Jayewardene, who retained the UNP’s steamroller majority by replacing a general election due in 1982 with a heavily rigged referendum, became a disaster. The UNP-led Yahapalana government also postponed the Provincial Council elections in 2017, unable to face them, but lost the 2018 local government (LG) polls and collapsed the following year. President Gotabaya Rajapaksa also blundered by postponing the LG polls in 2022. If he had mustered the courage to hold them, the SLPP would have lost, but the people would have canalised their pent-up anger in the form of a protest vote, and the SLPP government would have been able to make a course correction. President Ranil Wickremesinghe made the same mistake the following year. Neither the SLPP nor the UNP could avoid electoral disasters by postponing the LG polls.

The NPP government finds itself in a dilemma. It has suffered a string of defeats in cooperative society elections, which the main political parties have turned into shows of strength. The LG election results did not meet the NPP’s expectations, which were extremely high. It emerged the winner, but failed to arrest a drop in its vote share and bag a considerable number of hung councils where it secured pluralities. There has been an erosion of its support base, with some powerful state sector trade unions turning against the government. The NPP would not have been in this predicament if it had held the PC polls early last year, when its popularity was high, and the Opposition was in total disarray. Its strategists should be blamed for missing that opportunity.

The government cannot go on postponing the PC polls indefinitely. It has to grasp the nettle. It is lucky that its political rivals are equally wary of facing an election, and have therefore stopped short of cranking up pressure on it to hold the PC elections. Their campaign against the postponement of the PC election is all sizzle and no steak, a wag says.

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Editorial

The JRJ syndrome

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Monday 9th February, 2026

Politicians cannot bring themselves to let go of power after savouring it and do everything possible to retain their hold thereon. This may explain why excessive powers vested in the executive presidency, draconian laws such as the Prevention of Terrorism Act (PTA), and the misuse of Emergency regulations have survived successive governments led by self-righteous leaders who promised to protect democracy during election campaigns. Only President J. R. Jayewardene (JRJ) made no bones about his dictatorial intentions.

The incumbent dispensation has failed to be different from the previous governments which misused emergency regulations to further their political interests. On Friday (06), Parliament voted to extend a state of emergency, declared by President Anura Kumara Dissanayake in the aftermath of Cyclone Ditwah about two months ago. The Opposition let out a howl of protest, claiming that the JVP-NPP government kept on extending a state of emergency with an ulterior motive—suppressing democratic dissent.

On Friday, the government frontbenchers took great pains to have the public believe that the Opposition was seeing ‘more devils than vast hell can hold’ when it claimed the extension of the state of emergency was aimed at suppressing democracy. However, the Opposition’s arguments were tenable. Arguing that there was no need for emergency regulations for the ongoing relief and rebuilding programmes to be carried out, Opposition Leader Sajith Premadasa said that instead of extending the state of emergency, the government should amend the Disaster Management Act and create a new Ministry for Disaster Management. This is a cogent argument. The government’s disaster preparedness left much to be desired in November 2025. Sri Lanka is among the countries badly affected by the extreme weather events related to climate change, and the government must urgently set up a separate ministry for disaster management and give the existing disaster management laws stronger teeth.

Ironically, most of those who are berating the current administration for misusing emergency regulations had no qualms about doing so while in power. Only a snake will know the tracks of another snake, as a local saying goes. So, one should take serious note of what ‘snakes’ say about each other when they clash on the Diyawanna lakeshore.

There is no way the government can justify its decision to overuse emergency regulations by claiming that the call for declaring a state of emergency came from the Opposition in the immediate aftermath of Cyclone Ditwah.

President Dissanayake has declared that there will be no pay hikes until 2027, regardless of what trade unions may do to pressure his government. The emergency regulations which can be used to suppress workers’ right to strike should be viewed against President Dissanayake’s aforesaid statement which, in our book, is a warning. The government has resorted to brinkmanship in dealing with protesting doctors who have threatened to intensify their ongoing trade union action. Pro-government groups are astroturfing as ordinary citizens and calling for tough action to force the state sector trade unions into submission. Deputy Minister of Public Security Sunil Watagala has asked the police to use emergency regulations to deal with those who carry out what he describes as personal attacks on the President and the ministers. The Human Rights Commission of Sri Lanka has reportedly expressed serious concern over growing threats to freedom of expression in the country, particularly the targeting of journalists through police investigations into instances of alleged defamation.

Meanwhile, arrests are still made under the PTA, which the JVP-led NPP, in the run-up to the 2024 elections, pledged to abolish. It promised “the abolition of all oppressive acts including the Prevention of Terrorism Act and ensuring civil rights of people in all parts of the country”(NPP Policy Framework, A Thriving Nation: A beautiful Life, p. 129). Time was when Dissanayake, as an Opposition MP, waxed eloquent in Parliament, condemning governments for overusing emergency regulations.

All Executive Presidents, except D. B. Wijetunga, have been affected by what may be described as the JRJ syndrome, which drives the wielders of the presidency to arrogate to themselves the powers of vital state institutions and subjugate everything to the interests of their political parties. No surprise that President Dissanayake now has emergency regulations extended on some pretext or another. Besides, he travels by helicopter, and two choppers are deployed in tandem for his journeys even though he once condemned his predecessors for that practice, sarcastically asking whether a President could jump from one helicopter to another in midair in case of an emergency. This kind of behaviour exemplifies the popular local saying: “A water monitor (kabaragoya) becomes a land monitor (thalagoya) when one wants to eat it.”

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Editorial

Towering deathtraps?

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Many post-disaster rebuilding projects have got underway, and the government is grappling with the uphill task of relocating the survivors of landslides and ensuring the safety of others living in unstable mountainous areas. Experts have warned that if another spell of torrential rains occurs soon, it may trigger a fresh wave of landslides. While efforts are being made to relocate the disaster victims to safe locations, hundreds of apartment dwellers in Colombo are expressing concern about their safety.

A seven-year-old child died on Thursday when a chunk of plaster of an apartment wall fell on him in Colombo 15. He was accompanying his grandmother when tragedy struck. Residents of the multi-storeyed apartment complex, Randiya Uyana, have told the media that they had informed the Urban Development Authority (UDA) several times that the plaster of some apartment walls had developed cracks, posing a danger to them, but their complaints and warnings had gone unheeded. There is a prima facie case of criminal negligence, we reckon.

Besides plaster fissures, what look like structural cracks on concrete beams are visible in some images of the apartment building shown on television. They must be carefully examined forthwith, and immediate action taken if they are symptomatic of any issues compromising the structural robustness of the building. Some residents are heard saying in videos in the digital realm that while they were living in slums and shanties in low-lying areas, they had to worry about only floods once in a way, but now they have to live in eternal fear of being crushed by falling fragments of their apartment building, which is already in a very poor condition due to lack of maintenance; elevators are out of order and sewage systems are malfunctioning. Drug addicts have reportedly damaged the elevators. There is a pressing need for the place to be policed regularly.

City planners have apparently not paid much attention to the social aspects of relocating low-income groups. Densification does not mean vertical relocation of slums and shanties in permanent buildings, so to speak. It is doubtful whether the UDA and other state institutions responsible for the densification projects devised ways and means of overcoming the challenges of transitioning from informal settlements to high-rise housing and the relocation-induced social strain. This may be one of the reasons why we are witnessing the so-called high-rise resettlement failure. Support of urban sociologists and other experts need to be enlisted to address these issues. Action must be taken to tackle the post-relocation integration problems and improve the living conditions of the occupants and ensure that they adapt to their new environment while engineering experts are tasked with ensuring that apartment complexes do not end up being towering deathtraps.

Minister of Transport, Highways and Urban Development Bimal Rathnayake said in Parliament on Thursday that the construction of the Randiya Uyana apartment complex had commenced in 2014. Thus, the building is relatively new, and this fact points to a possible lack of compliance with building standards on the part of the constructor, and other construction issues. Inspections must be conducted urgently to rule out structural load-bearing deficiencies and ensure the safety of hundreds of occupants. The constructor of the building must be questioned. Sri Lanka is no stranger to shoddy constructions, which are ubiquitous.

The UDA ought to learn from apartment complex disasters that have dominated the global headlines during the past several decades and take precautions. Prominent among them was the partial collapse of the Champlain Towers, Florida, where nearly 100 people died in 2021. Experts identified the deterioration of reinforced concrete and corrosion of critical support elements as some of the causative factors, according to media reports. Dozens of people perished when an apartment complex collapsed in Italy in 1999 due to structural failure caused by the use of substandard building materials and poor workmanship. There have been several other such disasters the world over.

One can only hope that proper construction practices and building codes were adhered to when multi-storeyed apartment complexes were constructed, and the UDA will inspect the Randiya Uyana apartment complex immediately without waiting until another disaster strikes. A thorough investigation is called for because it will not only help figure out what has gone wrong with the construction of the apartment building at issue but also hopefully lead to improvements in building standards and safety protocols aimed at preventing similar tragedies in the future in view of rapid vertical urban development.

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