Features
Govt. needs to deal with impunity

By Jehan Perera
The drama over Prisons Minister Lohan Ratwatte could not have come at a worse time for the government. But it can also be the turning point. President Gotabaya Rajapaksa is due to address the UN General Assembly in New York this week. The attention of the international human rights community has been focused on Sri Lanka during the past week due to the recently concluded sessions of the UN Human Rights Council in Geneva. Sri Lanka was a country of interest due to its checkered human rights track record, especially in relation to the war, and subject to a special address by the UN High Commissioner for Human Rights, Michelle Bachelet. Next week will see an EU delegation visiting Sri Lanka to assess the human rights situation in relation to the GSP Plus tariff privilege that the country obtained again in 2017 having lost it for seven years in 2010.
The immediate challenge to the government’s plans for economic recovery hinge on its ability to keep the GSP Plus and not lose it. This privilege, which permits the country’s exports entry to the EU market without the payment of import duties, has helped to sustain Sri Lankan business enterprises during the Covid-induced economic downturn. With the exception of the tourism-related business sector, several export-oriented business sectors have been showing healthy profits due in large measure to the GSP Plus facility.
The GSP is given on condition that human rights are being protected in the country concerned, which has become a question mark for Sri Lanka. The questions have grown since the change of government. The attempt to withdraw from the commitments with regard to human rights given by the previous government when it co-sponsored UNHRC Resolution 30/1 in 2015 has not been well received by the international human rights community.
The alleged offences committed by Minister Ratwatte, and the delayed response by the government undermines its presentation of facts and arguments that Foreign Minister Prof G L Peiris made during his presentation in Geneva last week intended to show that the Rule of Law, independence of state institutions and human rights are to be found in the country. Minister Ratwatte is alleged to have entered two prison compounds, visited the gallows in one, along with his personal friends and threatened Tamil prisoners in another with his gun and made them kneel before him. However, he has denied doing anything improper and his version has, according to media reports, been corroborated by prisons authorities who have claimed that no untoward incidents have occurred. This has been amidst claims and counter claims about the availability of CCTV cameras in the high security prisons.
EXTERNAL INTERVENTION
The alleged act of unprovoked disregard for the human dignity of the two prisoners held as LTTE suspects under the Prevention of Terrorism Act, which itself violates international standards of human rights, has become a rallying call for unity amongst the Tamil community. This justifies or adds credence to the view that the minorities have security issues in the country and their rights are inadequately protected. Rival Tamil political parties have been issuing statements of condemnation. They have also got onto common platforms in opposition to the Minister’s conduct. On the positive side, the protests have not only come from the Tamil community.
The mainstream media and opposition political parties have also joined in the condemnation and demanded that the government takes immediate action. In addition, the ruling party, the Sri Lanka Podujana Peramuna (SLPP) Secretary Sagara Kariyawasam has said that “This type of action cannot be permitted in any civilised society and appropriate action should be taken after investigations.”
There is a need for governmental action that goes beyond the mere resignation of the accused Minister from his portfolio of prisons while retaining his other ministries. There is an urgent need for this. In June of this year the European Parliament passed a resolution that the GSP Plus should be withdrawn if Sri Lanka did not show signs of progress in its protection of human rights. The resolution expressed “deep concerns over Sri Lanka’s alarming path towards recurrence of grave human rights violations as described by the most recent UN report on the country, which lists among the early warning signals the accelerating militarisation of civilian governmental functions, reversal of important constitutional safeguards, political obstruction of accountability, exclusionary rhetoric, intimidation of civil society, and the use of anti-terrorism laws.”
The government’s position in Geneva was that there is no need for international involvement in either monitoring or investigating human rights violations in Sri Lanka as the country has its own internal mechanisms to do so. Foreign Minister Prof GL Peiris speaking in Geneva said, “We reject the proposal for any external initiatives purportedly established by Resolution 46/1 while domestic processes are vigorously addressing the relevant matters. This will polarise our society, as we experienced with Resolution 30/1. The Council must adhere to its founding principles. External initiatives embarked upon without the cooperation of the country concerned cannot achieve their stated goals, and will be subject to politicization.”
JUDICIAL ACTION
The problem of impunity for state actors is long standing and precedes the present government. Successive governments have whitewashed the crimes of their members as taking punitive action is politically costly to them. Usually the culprits have political assets that outweigh their crimes in the eyes of the political parties and voters alike. It is this tolerance of conduct with impunity and without accountability by those in government, who set themselves above the law, that has taken the country to the dock of international human rights opinion in Geneva. Unfortunately this type of conduct gained political acceptability during the period of the three decades long war and long periods of emergency rule. However, the war is now over more than 12 years and the last election was fought on promises of a restoration of law and order and the practice of discipline as being national values.
The key area of governance failure highlighted by the UN High Commissioner has been the area of impunity and lack of follow up in emblematic cases where human rights violations are alleged to have occurred. It was on account of this failure of previous governments to ensure accountability, which continues, that the UNHRC Resolution 46/1 of March 2021 mandated the establishment of a special investigation unit at the UN level to monitor the human rights situation in the country and collect information.
According to the UN Human Rights Commissioner this “Office’s work to implement the accountability-related aspects of Resolution 46/1 has begun, pending recruitment of a start-up team. We have developed an information and evidence repository with nearly 120,000 individual items already held by the UN, and we will initiate as much information-gathering as possible this year.”
As Minister Ratwatte is a member of Parliament it would be appropriate that an independent inquiry be conducted with the investigators being appointed in a bipartisan manner by the Prime Minister and Opposition Leader to instill public and international confidence as this is absent at this time.
n the meantime the Minister should be persuaded to resign from all ministerial appointments pending investigation or be removed from such positions as this is an issue that goes to the heart of the issue of impunity. The failure of the Sri Lankan system of justice to act with transparency and integrity in the case regarding Minister Ratwatte will only serve to further justify the stance of the international community regarding the need for external intervention. It will undermine the efforts of the government to argue otherwise. A credible investigation and judicial action is necessary if external intervention is to be kept at bay and the GSP Plus is to be retained. This can be the turning point.
Features
Coping with Batalanda’s emergence to centre stage

by Jehan Perera
The Batalanda Commission report which goes into details of what happened during the JVP insurrection of 1987-89 has become the centre of public attention. The controversy has long been a point of contention and a reminder of the country’s troubled past and entrenched divisions that still exist. The events that occurred at Batalanda during the violent suppression of the JVP-led insurgency, remain a raw wound, as seen in the sudden resurfacing of the issue. The scars of violence and war still run deep. At a time when the country is grappling with pressing challenges ranging from economic recovery to social stability, there is a need to keep in focus the broader goal of unity for long-term peace and prosperity. But the ghosts of the past need also to be put to rest without continuing to haunt the present and future.
Grisly accounts of what transpired at Batalanda now fill the social media even in the Tamil media, though Tamils were not specifically targeted at that time. There was then a ceasefire between the government and LTTE. The Indo-Lanka Accord had just been signed and the LTTE were fighting the Indian peacekeeping army. The videos that are now circulating on social media would show the Tamil people that they were not the only ones at the receiving end of counter-terrorist measures. The Sinhalese were in danger then, as it was a rebellion of Sinhalese against the state. Sinhalese youth had to be especially careful.
It appears that former president Ranil Wickremesinghe was caught unprepared by the questions from a team from Al Jazeera television. The answers he gave, in which he downplayed the significance of the Batalanda Commission report have been viewed differently, depending on the perspective of the observer. He has also made a statement in which he has rejected the report. The report, which demands introspection, referred to events that had taken place 37 years earlier. But the ghosts of the past have returned. After the issue has come to the fore, there are many relatives and acquaintances of the victims from different backgrounds who are demanding justice and offering to come forward to give evidence of what they had witnessed. They need closure after so many years.
MORE POLARISATION
The public reaction to the airing of the Al Jazeera television programme is a reminder that atrocities that have taken place cannot be easily buried. The government has tabled the Batalanda Commission report in parliament and hold a two-day debate on it. The two days were to be consecutive but now the government has decided to space them out over two months. There is reason to be concerned about what transpires in the debate. The atrocities that took place during the JVP insurrection involved multiple parties. Batalanda was not the only interrogation site or the only torture chamber. There were many others. Former president Ranil Wickremesinghe was not the only prominent protagonist in the events that transpired at that time.
The atrocities of the late 1980s were not confined to one location, nor were they the responsibility of a single individual or group. The JVP engaged in many atrocities and human rights violations. In addition to members of the former government and military who engaged in counter-terrorism operations there were also other groups that engaged both in self-defence and mayhem. These included members of left political parties who were targeted by the JVP and who formed their own para-military groups. Some of the leaders went on to become ministers in succeeding governments and even represented Sri Lanka at international human rights forums. Even members of the present government will not be able to escape the fallout of the debate over the Batalanda Commission report.
If the debate becomes a battleground for assigning blame rather than seeking solutions, it could have far-reaching consequences for Sri Lanka’s social and political stability. Economic recovery, governance reform, and development require stability and cooperation. The present storm caused by the Batalanda Commission report, and the prospects for increased polarisation and hatred do not bode well for the country. Rather than engaging in potentially divisive debates that could lead to further entrenchment of opposing narratives, Sri Lanka would be better served by a structured and impartial approach to truth-seeking and reconciliation.
NATIONAL HEALING
Earlier this month at the UN Human Rights Council in Geneva, the government rejected the UN High Commissioner for Human Rights assertion that the external evidence gathering unit would continue to collect evidence on human rights violations in Sri Lanka. This evidence gathering unit has a mandate to collect information on a wide range of human rights violations including intimidation and killings of journalists but with a focus on the human rights violations and war crimes during the course of the LTTE war and especially at its end. The government’s position has been that it is determined to deal with human rights challenges including reconciliation through domestic processes.
Addressing the High-Level Segment of the 58th Regular Session of the United Nations Human Rights Council (UNHRC) in Geneva in February this year, Foreign Minister Vijitha Herath said: “The contours of a truth and reconciliation framework, will be further discussed with the broadest possible cross section of stakeholders, before operationalisation to ensure a process that has the trust of all Sri Lankans. Our aim is to make the domestic mechanisms credible and sound within the constitutional framework. This will include strengthening the work towards a truth and reconciliation commission empowered to investigate acts of violence caused by racism and religious extremism that give rise to tensions within Sri Lankan society.”
The concept of a truth and reconciliation commission was first broached in 2015 by then prime minister Ranil Wickremesinghe’s government. In 2019 after winning the presidential elections, former president Gotabaya Rajapaksa too saw merit in the idea, but neither of these two leaders had the commitment to ensure that the process was completed. Promoting reconciliation in Sri Lanka among divergent political actors with violent political pasts requires a multi-faceted approach that blends political, social, and psychological strategies.
Given the country’s complex history of armed conflict, ethnic tensions, and political polarisation, the process must be carefully designed to build trust, address grievances, and create a shared vision for the future. A truth and reconciliation process as outlined in Geneva by the government, which has teeth in it for both punishment and amnesty, can give the country the time and space in which to uncover the painful truths and the path to national healing.
Features
Challenging hierarchy? Student grievance mechanisms at state universities

Our universities are characterized by hierarchies. They manifest in formal and informal ways, reinforcing power asymmetries based on class, ethnicity and gender, and placing inordinate authority in those with higher status. In medicine, a ‘hidden curriculum’ orients undergraduates to hierarchies from their early days in training, placing professors over lecturers, ‘clinical’ over ‘non-clinical’ teachers, consultants over medical officers, and so on. While hierarchies are needed at universities (and hospitals) to streamline decision-making, dysfunctional hierarchies create unhealthy learning environments and a culture of fear that discourages students from asking questions and voicing concerns. They also legitimize mistreatment, humiliation, bullying, and other abuses of power. A few months ago, when I invited a medical student to participate in a session on ragging and harassment for incoming students, she asked me (quoted with permission), “What’s the point of doing a programme like that if ragging happens in official level by teachers with everyone knowing, Madam?” Her question led me to explore the avenues available at state universities for undergraduates to counter abuses of power by teachers and university administrations.
What can undergrads do?
The University Grants Commission (UGC) and all state universities have established mechanisms for reporting complaints of ragging and sexual and gender-based violence (SGBV). The UGC’s online portal entertains complaints on “all forms of ragging; sexual harassment; sexual or gender based violence; threats and intimidation; bullying; and harassment.” Complaint procedures for ragging and SGBV are described in detail on the websites of each university, as well as the websites of some faculties. Students may also take any complaints directly to the Dean, student counsellors, academic advisors/mentors, and teachers. In addition, many faculties have portals to submit online complaints on ragging and harassment, while others rely on informal mechanisms, like complaint boxes, to protect anonymity. While these systems are used by students to some extent, rarely do they function as checks and balances against abuses of power by teachers and others at the pinnacle of the university hierarchy.
Anyone who works at a state university would know that students (and the university community more broadly) have very little confidence in existing complaint and grievance procedures. While the minority of incidents that get reported may make it to the inquiry stage, the complaints are often withdrawn under threat and intimidation from the authorities or simply brushed under the carpet. More recently, certain universities and faculties have worked towards establishing formal student grievance procedures outside the SGBV/ragging reporting systems.
Newer grievance mechanisms
Sabaragamuwa University appears to be the only university with a university-wide policy for grievance redressal. The protocol described in the standard operating procedure (SOP) requires that students submit their complaint in writing to the Dean or Deputy Senior Student Counsellor of the relevant faculty. On receiving a complaint, a Committee will be set up by the Dean/Deputy Senior Student Counsellor to conduct an inquiry. The Committee will comprise five senior staff members, including “two independent members (one representing another department, and one may represent the Gender Equity and Equality Cell of the Faculty where relevant)…” The SOP further states that “any student can oppose to have his/her mentor and/or any faculty member to be in the five-person team handling his/her issue.” However, this information is available only to the discerning student who is able to navigate the university’s complex website, hit the Centre for Quality Assurance tab, view the list of documents and click ‘best practices’.
Several faculties of medicine appear to have introduced grievance mechanisms. The Grievance Committee of the Faculty of Medicine, Colombo, considers complaints regarding “a decision or action that is perceived to adversely affect the grievant in her or his professional academic capacity.” The procedure requires that students submit the grievance in writing to the Dean. The Committee comprises “persons who are not current employees of the Faculty of Medicine” and the complainant may request the presence of a member of the Medical Students’ Welfare Society. The Faculty of Medicine, Ruhuna, implements a grievance policy that is more expansive in scope, covering concerns related to “organizational changes in the teaching and learning environment, decisions by academic staff members affecting individuals or groups of students, changes in the content or structure of academic programmes, changes in the nature and quality of teaching and assessment, supervision of students undertaking research projects, authorship and intellectual property, [and the] quality of student services and access to university facilities and resources.” While the policy notes that incidents related to harassment, discrimination and bullying, come under the jurisdiction of the university’s SGBV policy, it does not entertain complaints about examinations. The medical faculty of the University of Sri Jayewardenepura (SJP), has an online grievance system that investigates complaints related to “any physical, psychological, academic or any other problem related to the University life”. The system commits to maintaining confidentiality, pledging that “information will not be divulged to members outside the Student Grievances Committee without the student’s permission.”
Gaps in existing systems
The university-wide SGBV/ragging reporting system could be used to address harassment and intimidation of all kinds. Sadly, however, undergraduates appear to be unaware of these possibilities or reluctant to use them. It is unclear as to whether the newer grievance mechanisms at universities and faculties have managed to achieve the desired outcome. Are they used by students and do they lead to constructive changes in the learning environment or do they simply exist to tick the check box of quality assurance? None of the websites report on the number of cases investigated or the kinds of redressal measures taken. If these mechanisms are to be used by students, they must fulfill certain basic requirements.
First and foremost, all students and staff must be made aware of existing grievance mechanisms. Policies and procedures cannot simply be included under a tab buried in the faculty/university website, but need to be placed front and centre. Students should know what steps the institution will take to ensure confidentiality and how those who come forward, including witnesses, will be protected. They should be confident that swift action will be taken when any breaches of confidentiality occur. Inquiries need to be conducted without delay and complainants kept informed of the actions taken. All in all, universities and/or faculties must commit to ensuring integrity and fairness in the grievance process.
Second, the independence of inquiries must be guaranteed. Some universities/faculties have SOPs that require the inclusion of ‘independent’ members in grievance committees—members who are currently non-faculty, academics from other faculties and/or student representatives. Whether the inclusion of non-faculty members would be sufficient to safeguard independence is questionable in fields like medicine where there is a tendency to cover up professional misconduct at all levels. Permitting complainants to have a say in the makeup of the inquiry committee may help to increase confidence in the system. It may be advisable for inquiries to be handled by ombudspersons or others who do not have a stake in the outcome, rather than by academic staff who are part of the university hierarchy.
Third, grievance mechanisms must address the very real possibility of retaliation from university administrations and teachers. The TOR of the Faculty of Medicine, University of Ruhuna, states that the Committee must ensure “students do not suffer any victimization or discrimination as a result of raising complaints or grievances,” but provides no guidance on how this might be accomplished. Any grievance mechanism must address what recourse to action complainants (and witnesses) have in the event of retaliation. At present, there are no regulations in place to ensure that persons alleged of misconduct are not involved in examination procedures. Neither do universities provide any guarantee that complainants’ academic/employment prospects will not be compromised by coming forward. This is especially concerning in medicine where practical assessments of clinical skills and interview-based examinations (viva) are common, and those at higher rank are usually trainers at the postgraduate level.
Going forward
Student grievance mechanisms provide a structured process for students to voice concerns and seek redress when they feel they have been treated unfairly or unjustly by university staff or policies. The mechanisms currently in place at state universities appear to be weak and insufficient. The UGC could call for universities to participate in a consultative process aimed at developing a policy on handling student grievances in ways that promote fairness in academic matters, faculty conduct, and administration at state universities. While such a policy could foster supportive learning environments, build trust between university administrations and students, and protect students from bullying, intimidation and harassment, it must be accompanied by efforts to address and undo dysfunctional hierarchies within our universities.
(Ramya Kumar is attached to the Department of Community and Family Medicine, Faculty of Medicine, University of Jaffna.)
Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.
By Ramya Kumar
Features
Big scene for Suzi… at oktoberfest

The months literally keep flying and, before long, we will be celebrating Oktoberfest.
In our scene, Oktoberfest is looked forward to by many and the five-star venues, especially, create the ideal kind of atmosphere for the celebration of this event, held in late September and early October.
Suzi Croner, who was in town last month (February), is already contracted to do the Oktoberfest scene at a popular five-star venue, in the city.
She says she will be performing six consecutive nights, from 23rd to 28th September, along with a band from Germany.

Suzi’s scene in Switzerland
According to Suzi, the organisers have indicated that they are looking forward to welcoming around 1,500 Oktoberfest enthusiasts on all six days the festivities are held.
“I’m really looking forward to doing the needful, especially with a German band, and I know, for sure, it’s going to be awesome.”
In fact, Suzi, of the band Friends’ fame, and now based in Switzerland, indicated that she never expected to come to her land of birth for the second time, this year.
“After my trip to Sri Lanka, in February, I thought I would check things out again next year, but I’m so happy that I don’t have to wait that long to see my fans, music lovers and friends for the second time, in 2025.”
Suzi spent 11 amazing days in Sri Lanka, in February, performing six nights at a five-star venue in Colombo, in addition to doing the ‘Country & Western Nite’ scene, at the Ramada, and an unscheduled performance, as well.

Suzi Croner: Colombo here I come…in September
Her next much-looked-forward to event is ‘Country Night,’ Down Under.
It will be her second appearance at this ‘Country Night’ dance and music lovers, in Melbourne, in particular, are waiting eagerly to give Suzi a rousing welcome.
Suzi’s bubbly personality has made her a hit wherever she performs.
In her hometown of Spreitenbach, in Switzerland, she is a big draw-card at many local events.
Suzi was the frontline vocalist for the group Friends, decades ago, and this outfit, too, had a huge following in the local scene, with a fan club that had over 1,500 members.
The band was based abroad and travelled to Sri Lanka, during the festive season, to keep their fans entertained, and it was, invariably, a full house for all their performances in the scene here.
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