Midweek Review
How govt. agenda caused erosion of public faith in some independent commissions
By Shamindra Ferdinando
The Supreme Court (SC) on Feb. 10 dismissed a contempt of court application filed by the Human Rights Commission of Sri Lanka (HRCSL), delivering a shock therapy to the latter.
The HRCSL filed the contempt case against the Chairman of the Ceylon Electricity Board (CEB) N.S. Illangakoon, the Secretary to the Ministry of Power and Energy, M. P. D. U. K. Mapa Pathirana, and Chairman of the Ceylon Petroleum Corporation (CPC), Uvais Mohamed, for failing to comply with an agreement to provide uninterrupted electricity to students sitting for the 2023 Advanced Level (A/L) examinations.
The HRCSL consists of retired Supreme Court Justice Rohini Marasinghe, Venerable Kalupahana Piyarathana Thera, Dr. M.H. Nimal Karunasiri, Dr. Vijitha Nanayakkara and Ms. Anusuya Shanmuganathan.
Moving of SC was consequent to a controversial determination made by the HRCSL. On Jan. 30, 2023, the HRCSL determined the Secretary, Ministry of Power and Energy, Chairman, CEB, and the Managing Director/Chairman, Ceylon Petroleum Corporation, failed to provide electricity, without interruption, during the Advance Level examination, from Jan. 23 to Feb. 17, 2023. The HRCSL found fault with them for not adhering to an agreement worked out by the independent commission.
The HRCSL deemed the CEB Chairman guilty of the offence of contempt, under the provisions of the Human Rights Commission of Sri Lanka Act No. 21 of 1996. The CEB Chairman was accused of willfully and maliciously disregarding the agreement. The Commission called the CEB’s failure to provide an uninterrupted electricity supply, during the examination period, a gross violation of a child’s right to education.
The CEB refused to stop power cuts until the Public Utilities Commission of Sri Lanka (PUCSL) approved a new electricity tariff formula. The CEB announced an end to power cuts immediately after the PUCSL finalized a new electricity formula on Feb. 16.
Of the five-member PUCSL, three, namely Attorney Chaturika Wijesinghe, Douglas Nanayakkara and SG Senaratne, gave the go ahead for a 66 percent tariff increase. They defeated a proposal that had the backing of the PUCSL Chairman, Janaka Ratnayake, for a 36 percent increase. D.N. Kushan Jayasuriya is the other member of the PUCSL.
Having waged a high profile campaign, against the proposed second electricity price hike, Janaka Ratnayake finally suffered a major setback. Ratnayake has lost control of the PUCSL. President Ranil Wickremesinghe personally intervened in the matter and, after careful planning, brought in new members, in place of Mohan Samaranayake and Udeni Wickremesinghe, who served as the Deputy Chairman of the PUCSL at the time trouble erupted at the independent commission.
President Wickremesinghe effected the required changes in the PUCSL to facilitate cooperation between the PUCSL and the Power and Energy Ministry. Wickremesinghe has intervened in the PUCSL in a way no previous President interfered, as he sought to suppress dissent therein. The PUCSL, established by the Public Utilities Commission of Sri Lanka Act No. 35 of 2002, is the economic, technical and safety regulator of the electricity industry, as well as the designated regulator for petroleum and water supply industries. The PUCSL also functions as the shadow regulator for lubricants sold here.
The PUCSL undertakes regulatory responsibilities in terms of the Sri Lanka Electricity Act No. 20 of 2009.
A major contentious issue is the continuing failure, on the part of successive governments, to secure parliamentary approval for the relevant Acts to regulate the water services and petroleum industries.
The HRCSL should examine the quarrelsome issue, involving the CEB, Power and Energy Ministry, and the CPC, over power cuts imposed during Gotabaya Rajapaksa’s administration. The HRCSL cannot take its failure to convince the CPC and the CEB, and the Power and Energy Ministry, to provide uninterrupted power supply during the Advance Level examination, lightly.
Power and Energy Minister Kanchana Wijesekera has been strongly critical of both the PUCSL and the HRCSL. Wijesekera questioned the HRCSL’s intervention after the independent commission announced an unprecedented agreement with the CEB, the CPC and the Power and Energy Ministry.
The recent turmoil undermined both the PUCSL and the HRCSL. Those who are genuinely concerned about the effective operation of the PUCSL and the HRCSL should be seriously concerned about the recent developments.
The Parliament should also examine the inordinate delay in expanding the PUCSL to play the role as water and petroleum sector regulator, as originally envisaged. It would be pertinent to mention that Janaka Ratnayake received appointment as Chairman, PUCSL, for the support he rendered during Gotabaya Rajapaksa’s 2019 presidential election campaign. Ratnayake received the appointment on Feb. 08, 2021. over a year after the last presidential election.
The turmoil in the PUCSL and the HRCSL undermined both commissions and erode public confidence in them.
EC caught up in political agenda
The Wickremesinghe-Rajapaksa government has dealt a deadly blow to the Elections Commission (EC) after its Chairman, Nimal Punchihewa, stood his ground in the face of relentless pressure, exerted by President Ranil Wickremesinghe, to put off the Local Government polls, scheduled for March 09. Wickremesinghe went all out to derail the electoral process, in the wake of the EC’s refusal to bow down to pressure. The government appeared to have been quite surprised by the truly independent stand taken by the EC. Even after EC member, P.S.M. Charles, quit the body, amidst threats received by some of them, Punchihewa, and Director General of the EC, Saman Sri Ratnayake, sustained the effort. However, finally the exasperated Wickremesinghe, having exhausted behind the scene tactics, intervened, publicly, and issued instructions meant to put off the Local Government polls, indefinitely.
After Charles quit, Nimal G. Punchihewa (Chairman), S.B. Divaratne, M.M. Mohamed, and K.P.P. Pathirana, remained members of the EC.
Considering the sorry state of the economy, may be this is not the time to hold polls for local councils, which are often corruption-ridden, with as many as 8000 elected members, who are a severe burden, we can do without, especially at this juncture. The Wickremesinghe-Rajapaksa government, however, is pursuing an agenda that erodes independent commissions. Surely the Parliament of this country did not install a new President, whom they thought was a mellowed politician, to complete the term of his predecessor, to suffer his hollow imperial airs. We know what happened to the country because his late uncle, President JRJ, tinkered with the democracy, at every turn, and fixed every election, held under his tenure, including the infamous referendum, and, finally, the whole country literally went up in flames. Let us only hope that history is not repeating itself.
We are not saying this because we have any greater trust in comrades waiting eagerly to taste power, despite having behaved worse than cannibals in the past, that includes their involvement in the May 09, and, thereafter, unconscionable acts of violence. Recently, MP Mahindananda Aluthgamage, at a press conference, gave a detailed list of the obvious charges they have to answe. So we will refrain from adding to them. But imagine what would have happened to this country had they, and their erstwhile comrades, the FSP, successfully stormed the Parliament, as planned last year, after having tasted success at overrunning other vital state bodies, in the guise of peaceful protests. Remember how a mob lynched just one MP, and his police bodyguard, on May 09, in public, or how they systematically destroyed properties of so many government politicians in that one night alone, across the country.
We are grateful to President Ranil Wickremesinghe for standing up to the mob mentality of the JVP/FSP and gathering up the shaken security establishment behind him to resurrect what was left of the government. It is also quite possible all that was a mere show for our consumption with the ‘Great Satan’ working behind the scene, not so mysteriously, to help him, as happened in places like Libya, or Ukraine, after creating similar situations.
As for the Rajapaksas, they threw away, almost overnight, so much they achieved for this country, because of just one sibling, Basil, and Mahinda succumbing to petticoat government to elevate his progeny, especially the eldest, to positions of power, well ahead of his time, without allowing him to season through the system.
For all we care, an inner clique, among the comrade leadership, unknown to their rank and file, and, along with leading Eelamists, could be working for a US agenda, to ultimately plunge, not only this country, but especially India, into chaos.
The government launched the project to undermine the EC, late last year, with Prime Minister Dinesh Gunawardena, who is also the Minister in charge of Public Administration, Home Affairs, Provincial Councils, and Local Government. Summoning the EC twice to the PM’s Office, where it was advised to postpone the scheduled election. Subsequently, President Ranil Wickremesinghe, too, summoned the EC twice. On both occasions, Premier Gunawardena was also present. But, they couldn’t convince the EC to put off the election, that is legitimately due.
Regardless of pressure being exerted on members, the EC insisted that election can be held, though the government experienced difficulty in releasing the required funds.
The police owed an explanation, regarding the status of the investigation into alleged threats, directed at some members of the EC, and a despicable bid made by IGP C.D. Wickremeratne to create another issue, by submitting highly exaggerated expenditure, pertaining to the March 09 poll. Some ministers, too, made a desperate bid to discourage the EC, and the electorate, by repeatedly warning of the government’s inability to meet the poll expenditure.
Wajira Abeywardena, MP, the lone UNP National List MP in Parliament, conducted a campaign of his own to justify the postponement of the poll, whereas UNP Chairman Palitha Range Bandara too played his part.
At the behest of the government, Public Administration, Home Affairs, Provincial Councils and Local Government Ministry Secretary, Neil Bandara Hapuhinna, made an abortive bid to derail the electoral process by directing Divisional Secretaries not to accept deposits from candidates. An angry reaction from the EC compelled Hapuhinna to withdraw instructions, issued on January 09. Hapuhinna found himself in an extremely embarrassing situation after Premier Gunawardena contradicted his claim that January 09 instructions were based on a decision taken by the Cabinet-of-Ministers. Now the matter is before the Supreme Court.
Samagi Jana Balavegaya (SJB) candidate for the post of Mayor of Colombo, Mujibur Rahuman, has moved the Supreme Court against Hapuhinna.
Having failed to manipulate the EC, President Wickremesinghe finally directed the Secretary to the Treasury, Mahinda Siriwardana, and Government Printer, Gangani Liyanage, to stop the electoral process. JVP leader Anura Kumara Dissanayake is on record as having said that the Government Printer was ordered to stop printing until the EC made the payments. There had never been such a deliberate bid to sabotage an election, under any circumstances, since the UNP put off the General Election, scheduled for August 1983.
The then President JRJ held a referendum, on Dec. 22, 1982, to ask the electorate whether it accepted extending the life of Parliament by six more years. Thereby the next General Election was held in 1989.
In terms of Article 104 B (2) and 104 GG (1) of the Constitution it makes it clear that all state authorities are duty bound to cooperate with the Elections Commission and that refusing, or failing to do so, is a criminal offence, punishable with imprisonment. In terms of Article 33 (c) of the Constitution, the President, too, is empowered to ensure the creation of proper conditions for the conduct of free and fair elections, at the request of the Election Commission.
Prez’s strategy
President Wikremesinghe’s UNP is not in a position to contest the Local Government polls. Wickremesinghe’s strategy is geared to avoid election this year. With the UNP now reduced to just one National List MP in Parliament, even though for a long time in the past it was one of the two major parties, is simply unable to conduct a LG polls campaign in its current decimated state. In spite of securing the Presidency, the UNP remains vulnerable, and extremely weak, politically. The UNP has conveniently turned a blind eye to previously taken Supreme Court decisions, relevant to the current situation.
During the Yahapalana administration, on Dec. 15, 2017. the Supreme Court in SCFR 35/2016 clearly explained the pivotal importance of conducting timely elections for local authorities and the importance of the franchise. The SC stated: “Franchise is a fundamental right enjoyed by people. According to Article 3 of the Constitution ‘In the Republic of Sri Lanka sovereignty is in the people and is inalienable. Sovereignty includes the powers of the government, fundamental rights, and the franchise”. Franchise is a fundamental right recognized under Article 10 and 14(1) of the Constitution. The failure to hold elections on the due date or postponing is a violation of fundamental rights of the people. Under Article 4(d) of the Constitution the fundamental rights which are by Constitution declared and recognized shall be respected, secured and advanced by all organs of the Government and shall not be abridged, restricted or denied save in the manner and to the extent hereinafter provided. In the present case the legislature as well as the executive had violated this Article.
If the government gets away with this, the next presidential and parliamentary elections, too, can be postponed on the same claim that economic recovery can be undermined by releasing of funds for the conduct of other elections. The government has conveniently forgotten that the Wickremesinghe-Rajapaksa government has allocated as much as Rs 10 bn for the EC, in 2023.
The possibility of the incumbent government seeking to put off future elections is a serious threat to the fragile democracy. Depending on the success of the current agenda, such actions can set a dangerous precedent for a detested executive or legislature to block the allocation of resources for an election and prevent the people of Sri Lanka from choosing their representatives and leaders.
JVP leader Anura Kumara Dissanayake told this writer that former Speaker Karu Jayasuriya, who recently received the coveted ‘Sri Lankabhimanya’ title, should explain his stand on the government bid to postpone the election. Incumbent head of the National Movement for Social Justice (NMSJ) Jayasuriya owed an explanation as he couldn’t remain silent as President Wickremesinghe has definitely undermined the independent commissions. The JVPer pointed out that the 20th Amendment, enacted in Oct. 2020, largely negated the 19th Amendment, introduced in 2015. The 21st Amendment was brought in Oct. 2022 to restore the provisions of the 19th Amendment and now President Wickremesinghe resorted to a strategy that weakened the very basis of independent commissions.
Having repeatedly assured that he wanted to restore parliamentary superiority and strengthen the independent commissions, the UNP leader not only went back on his word but pursued a deliberate strategy meant to undermine the very system he vowed to protect, lawmaker Dissanayake said.
The JVPer pointed out several decisions by Wickremesinghe, in recent weeks, supposedly aimed at managing public funds, have had the effect of preventing the Elections Commission from conducting the elections. These include a demand by the Government Printer for the release of funds, prior to the printing of ballot papers, and the Secretary to the Treasury claiming that there were no funds available for the elections. This is despite a budget allocation of Rupees 10 Billion for the purpose of elections, the MP said.
The JVPer alleged that the conduct of the Secretary to the Treasury, the Government Printer, and other government officials, and institutions, over the last few weeks clearly demonstrated a concerted effort to bring the elections to a halt, thus undermining the franchise of the people and endangering the sovereignty of the people of Sri Lanka. Such attempts to prevent elections mandated by law represent an unprecedented attack on democracy and the rule of law and pose a grave threat to the electoral process in the future, the JVP leader said.
Midweek Review
BASL fears next set of civil society representatives might be rubber stamps of NPP
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
Midweek Review
Towards Decolonizing Social Sciences and Humanities
‘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?
Midweek Review
The ever-changing river: Chandana Ruwan Jayanetti’s evolving poetic voice
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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