Features
How smart is it to litigate to be proven right?
By Dhara Wijayatilake1
A disputant goes into court against another because he thinks he is right and the other is wrong and wants a court pronouncement to cement his position. After many years, huge expense, many consultations with Lawyers, many trips to the court house, postponed hearings, and even perhaps much emotional turmoil, a Judge delivers a judgment. One party is proven right and the other wrong, or the case may even be decided on a procedural matter with no determination as to who is right and who is wrong. Even the winner, if there is one is a loser. Today, there are options to litigation such as Mediation where the focus is not on being right, but on what each disputant needs and on reaching a settlement to satisfy those needs. It’s a process that is fast and cost effective. So, it’s a call to be smart – spend time and money to be right (litigation – where you may even end up being wrong) or spend much less time and much less money to satisfy needs (Mediation).
Delays in courts have reached ridiculous levels. Many Ministers of Justice over many years have attempted to reduce delays by “reforming” laws. The outcomes have not made a significant difference and the challenge to find solutions continue. One of the most comprehensive studies on Laws Delays in Sri Lanka was perhaps the one done by the “Laws Delays and Legal Culture Committee” headed by Justice R. S. Wanasundera, Judge of the Supreme Court. In its Report of October 1985 the Committee identified several causes for delays and submitted proposals to remedy them. The Report included a poignant observation that remains valid even today, ie. that in an adversarial system of justice such as ours, delays destroy justice, deterrence is lost, costs are increased, court resources are wasted and severe emotional hardship is inflicted upon litigants. In combination, these factors undermine the efficacy of the whole legal system, sapping its strength, vitality and even its integrity, and making the majority of litigants lose confidence. This observation remains valid even today. While substantive and procedural laws can be reformed in an attempt to eliminate delaying features, the legal culture which is a significant contributor can only be reformed through good practices that then constitute our legal culture. Here’s where we fail.
Laws delays is not a phenomenon that’s peculiar to Sri Lanka. It’s a problem confronting many jurisdictions across the globe. It’s this disillusionment with litigation which is rooted in the adversarial system, that has motivated a diversion to alternative methods of resolving disputes. The most popular Alternative Dispute Resolution (ADR) methods are Arbitration, Mediation and Negotiation. This article discusses Mediation which is accepted globally as an alternative that offers benefits that have proved to be meaningful.

Features of Mediation
There are many models of Mediation including Facilitative and Evaluative which are the most popular. In the 1960s, Facilitative Mediation flourished because of its marked difference in approach to conflict resolution and the resulting successes. Evaluative mediation is used by Mediators who are subject experts and offers an opinion on the strengths and weaknesses of the legal positions of the disputants leading to informed decision making by the disputants. This method is often used by judges in jurisdictions that provide for a settlement conference. This article discusses Facilitative Mediation which offers a process that’s unique in its features and is in complete contrast to litigation or Arbitration. Mediation evokes excitement because it’s speedy and cost effective, These virtues alone make a good case for opting for Mediation. There are others.
=It provides for party autonomy. Parties decide on the Mediators, the venue, the language of the mediation, the rules, and importantly, controls the outcome. No outside party sits in judgment over the dispute or how it should be settled.
=It’s informal but inspires trust. Parties sit with the Mediator and the other parties in an informal setting and engage in the process directly. They are provided ample space to speak of their concerns and participate fully while maintaining their dignity. Although there are no formalities as in a court of law, parties are required to conduct themselves in a disciplined manner. Parties are guided to move away from positions and focus on interests and needs instead.
=The procedural rules are simple and user friendly and are designed only to ensure responsible conduct. The process is not bogged down with procedural imperatives. There’s never a risk as prevails in litigation, that some flaw in complying with a procedural rule will get primacy over the core issues in the dispute, in determining the fate of the parties.
=It’s voluntary. The disputants use the option of mediation by choice and are free to walk out of a mediation at any time and are not obligated at any stage to stay in the process. This is so, even if reference to mediation is mandatory by law, based on the category of dispute and its monetary value. What is mandatory is to attempt a mediated settlement prior to proceeding to file action in a court of law.
= There’s no judgment of right vs wrong. It’s a process that seeks to find common ground to agree on a settlement that addresses the interests of both parties, and is not a process that evaluates legal entitlements although those can also be taken into account by parties when agreeing to a settlement.
=It adopts a completely non adversarial approach and therefore affords the opportunity for parties to repair fractured feelings, thus enabling an ongoing relationship.
=It’s confidential. This is an important feature of Mediation. Parties are required to sign agreement to maintain confidentiality with regard to all matters discussed. Parties agree not to divulge the substance of discussions at any other dispute resolution forum.
= The process is skillfully facilitated by a third party neutral, the Mediator. The Mediator controls the process using special skills and techniques and facilitates the disputants to reach an outcome that’s acceptable to them. The Mediator ensures that ground rules are followed to control emotions and avoid aggression during the sessions.
Neutrality of the Mediator is an important feature. The Mediator must at all times maintain independence and neutrality. If at any time, a disputant feels that this principle is breached, a mediation can be terminated.
Sri Lanka’s Mediation statutes
Mediation was first institutionalized with the enactment of the Mediation Boards Act, No. 72 of 1988 which incorporated all of the key features of Mediation. Mediation Boards now function in every Divisional Secretary’s area across the country. These have come to be known as “community Mediation Boards.” Subsequently, the Mediation (Special Categories of Disputes) Act, No. 21 of 2003 was enacted2 to provide for more specialized mediation services for certain identified categories of disputes.
The 1988 Act stipulates that certain categories of disputes must be mandatorily referred to Mediation, and also that certain disputes cannot be entertained by Community Mediation Boards.
Where reference to Mediation is mandatory, no action in respect of such a dispute can be instituted in or be entertained by a court of law unless Mediation has been unsuccessful and a certificate of non settlement from the Mediation Board is produced.
Disputes that must mandatorily be referred to Mediation are-
a) where the value of the dispute is below the monetary threshold set out in the Act, unless it’s one which gives rise to a cause of action set out in the Third Schedule to the Act.
In 1988 the monetary threshold was stipulated as Rs. 25,000/=. This has been amended from time to time and the current threshold introduced in 2016 is Rs, 500,000/=1.
The Third Schedule to the Act sets out fifteen categories of actions. These are actions in relation to disputes that were not considered suitable for settlement through community Mediation Boards.
b) where the dispute is in relation to an offence which is set out in the Second Schedule.
The Second Schedule sets out eighteen offences punishable under twenty six (26) sections of the Penal Code.
While mandatory reference to Mediation is not required in the case of disputes above Rs. 500,000/=, it is possible for the parties to submit the dispute for Mediation voluntarily, unless the dispute is one in respect of which an application for settlement cannot be entertained by a Mediation Board.
The categories of disputes that cannot be entertained by a Mediation Board, even if the value of the dispute is below Rs. 500,000/=, are the following –
where one party is the State; or
where one party is a public officer and the dispute relates to the recovery of property, money or other dues ; or
where the Attorney General has initiated proceedings in respect of an offence.
The Mediation (Special Categories of Disputes) Act, No. 21 of 2003-
The rationale for this Act was motivated by the reality that Mediation is the more appropriate method to resolve certain categories of disputes where positions based on strict legal rights and technicalities must give way to accord primacy to the needs of parties to address the underlying concerns. The challenge to reduce the litigation load in courts was also becoming a very serious one. The Act provides for the Minister to establish Mediation Boards to provide mediation services in respect of defined categories of disputes, in identified areas of the country. The category of dispute, the areas to which it will apply and the monetary threshold below which these disputes must mandatorily be referred to Mediation, are required to be set out in Orders made by the Minister1. An important statutory guideline that the Minister is required to consider to determine the categories of disputes is, “the need to provide for the meaningful resolution of disputes relating to social and economic issues.“1 It’s an important policy decision to be taken based on real needs of the people.
While the community Mediation Boards are manned by volunteers who are not required to have any specific educational qualifications, the distinguishing feature of the 2003 Act is that the Minister is required to prescribe by Regulation, the qualifications that a Mediator must possess having regard to the expertise required of Members, considering the nature of the categories of disputes that must be mediated. Different qualifications may be prescribed for different categories of disputes. The appointments are made by the same Mediation Boards Commission referred to in the 1988 Act.
Mediation Boards were established under this Act in 2005 after the Tsunami of 2004 for the resolution of tsunami related disputes and in 2015 to resolve land disputes in the Administrative Districts in the North and East. It was accepted that Mediation was the more meaningful method to address land disputes that arose after the North East ethnic conflict. The Orders currently in force as at February 2022, provide for the following1 :
It is absolutely important that the persons who will function as Mediators are trained in the techniques and skills of mediation. Without proper, adequate and focussed training, the results will be disastrous and will negate the intentions of the Act since the success of mediation in conflict resolution is totally dependent on the intrinsic value of the techniques adopted. Mediation is not a process that can succeed if you simply have the ear of a patient listener.
The UN Convention on Mediation
Mediation has increased in acceptance over the years because of its benefits. It is this popularity and its increasing use in international commercial dispute resolution that inspired UNCITRAL’s Working Group on Dispute Settlement to address the need for a harmonious regime that will set standards for the cross-border enforcement of international settlement agreements resulting from mediation. As a result of its work, the Convention on International Settlement Agreements Resulting from Mediation was adopted by the UN General Assembly (UNGA) on December 20, 2018,
The Preamble to the Convention recites that the Parties –
“recognize the value for international trade, of mediation as a method for settling commercial disputes in which the parties in dispute request a third person or persons to assist them in their attempt to settle the dispute amicably;
note that mediation is increasingly used in international and domestic commercial practice as an alternative to litigation;
considers that the use of mediation results in significant benefits, such as reducing the instances where a dispute leads to the termination of a commercial relationship, facilitating the administration of international transactions by commercial parties and producing savings in the administration of justice by States; and
are convinced that the establishment of a framework for international settlement agreements resulting from mediation that is acceptable to States with different legal, social and economic systems would contribute to the development of harmonious international economic relations “
The Convention opened for signature on August 7, 2019 in Singapore and Forty Six (46) countries including Sri Lanka became signatories on that same day. Popularly knows as the “Singapore Convention on Mediation”, it came into force on September 12, 2020. As at February, 2022 it has been signed by 55 countries and ratified by 9. Sri Lanka is now obligated to enact domestic legislation to give effect to the provisions of the Convention. UNCITRAL’s work on the Convention and its adoption by the UNGA, is evidence of the the global acceptance of Mediation to resolve commercial disputes.
The CCC- ICLP International ADR Center of Sri Lanka (IADRC)
In 2018, the Ceylon Chamber of Commerce (CCC) and the Institute for the Development of Commercial Law and Practice (ICLP) in a joint venture, incorporated a not for profit company and established a new Center, the CCC-ICLP International ADR Center (IADRC) to provide ADR services. It was a response to the need of the business community for more efficient dispute resolution. The novelty of the new Center is that it offers mediation services in addition to arbitration.
Both Institutions were aware of the global trends that favored ADR and the successes of Regional Centers. The Hong Kong International Arbitration Center (HKIAC) established in 1985, the Singapore Mediation Center (SMC) launched in 1997, the Indian Institute of Arbitration and Mediation (IIAM) established in 2001, the International ADR Center of the Indian Merchants Chamber (IIMC) established in 2015 and the Malaysian Mediation Center (MMC) established in 1999 under the auspices of the Bar Council of Malaysia, offered inspiration. These centers offered services that included Arbitration and Mediation. The Singapore Mediation Center states that, as at Feb 2022, it has mediated 5,200 matters worth over $10 billion since its launch. The rate of successful mediations is stated to be 70% with 90% of those having been settled in one day! The high rate of success can be attributed to the skill and competence and the professionalism of the Mediators. Compliance with the mediation process and using the special skills and techniques are key to achieving good outcomes and hence the absolute need for training.
The IADRC launched its Arbitration and Mediation Rules in April 2021 and has trained Mediators and Arbitrators who are available to provide services. The Arbitration Rules of the Center seek to eliminate some of the common causes for delay. It’s the only Center that offers institutionalized Mediation for commercial dispute resolution. Arbitration and Mediation services can be administered in compliance with these Rules of the Center, or the UNCITRAL Rules, or any others that may be adopted on an ad hoc basis.
The Mediation Rules of the IADRC
The CCC-ICLP Mediation Rules incorporate all the internationally recognized standards that are known to define the Mediation process. The Rules provide for the following-
To commence the Mediation, an application (a “Request for Mediation”) must be made to the Center either by one party or jointly by all disputing parties, requesting Mediation services for the settlement of the dispute.
After completing preliminary administrative steps such as obtaining, where appropriate, the consent of all parties to pursue Mediation, the parties are required to sign the “Agreement to Mediate”. This Agreement includes an obligation to “abide by and comply with the Mediation Rules of the Center or other Rules that have been agreed to.”
The language of the Mediation will be as agreed to, by the parties.
The next step is to appoint a Mediator or a panel of Mediators. The disputing parties have the discretion to nominate a Mediator from among those accredited by the Center or from outside of that list. Usually, a Mediation will be handled by a single Mediator. However, a panel could be appointed if so desired, where there are complex issues in a dispute.
Importantly, the Mediator has to be independent, impartial and neutral throughout the process. Several safeguards are included to ensure compliance with this principle.
The Mediation sessions then commence. The Mediator manages the process and will, for this purpose convene sessions on dates and times agreed to by the parties, at a neutral venue.
The process will commence with a joint session where all parties are present. The Mediator will explain the principles that apply and explain the process. Thereafter the Mediator will decide when to have joint sessions with all parties, and individual sessions (called a “caucus”) with each party.
At these sessions, the parties have the opportunity to discuss the matters in dispute from their own perspective. The statements, disclosures and proposals made at a Mediation are maintained in absolute confidence and are made without prejudice. This principle provides the confidence to disputing parties that nothing said can be used in any other dispute resolution process or other forum. The Mediator and the parties cannot be compelled to give evidence as to any matters disclosed at the Mediation in a court of law.
The Rules set out the obligations of the parties – attendance at the sessions in person and in the case of corporate entities attendance through a representative who is given full authority to sign off on a Settlement Agreement; compliance with the rule on confidentiality; full and honest disclosure of matters material to the dispute.
Parties are not entitled to legal representation at the sessions but may call in a Lawyer for the sole purpose of obtaining advice. However, a Lawyer who is a full time employee of a corporate is not excluded from participating at the sessions on behalf of a corporate entity.
During these sessions, a Mediator will not give directions or instructions on how to settle the dispute. The Mediator will however question the parties in a non coercive manner to help them reach a new understanding of the issues in dispute and of the concerns of the other party.
A Mediation is terminated either with an agreement to settle or with an agreement that no settlement is possible.
Where there is an agreement to settle, the Mediator is required to explain to the parties the terms and conditions of the settlement and the obligations that each party is assuming under the agreement. A settlement Agreement will be set in writing and signed by the parties and the Mediator. This is an agreement that binds the parties as any other agreement, and each party has a legal obligation to honour its terms and conditions.
Where the Mediator determines that continuing the Mediation is futile since it’s unlikely to result in a settlement considering the progress of the Mediation, or where a party informs that it wishes to withdraw from a Mediation, the Mediation will be terminated.
In either event, all the documents submitted to the Center by each party will be returned.
In normal circumstances a mediated agreement should stand the test of time since many steps have been taken to ensure it’s sustainability. However, the Rules provide for an application to be made to revise or revoke an Agreement on very limited grounds, ie. On the grounds that a) the terms were agreed to, without a proper appreciation of the obligations; or b) circumstances have arisen that prevent a party honoring the obligations; or c) that there was bias on the part of the Mediator. The last ground is most unlikely given the several steps that are required to be taken to ensure impartiality. However, this ground is included as a principle of good governance since it’s a vital feature of Mediation. An application to revise or revoke will be inquired into by the Center and a settlement will be attempted in compliance with the same principles that apply to a Mediation.
Mediation is not an expensive process. However there are fees to be paid. The Fees for a Mediation include Administration fees as well as fees for the Mediator/s. The fees are prescribed by the Center in a Fee Schedule and will be a predetermined sum which will be made known to the parties prior to the commencement of the Mediation. There will be no surprises.
Conclusion
Mediation is not the most appropriate method of dispute resolution for all categories of disputes. That’s accepted. Even with the twin evils of delay and expense certain causes of action need to be determined by a court of law. Mediation however, has gained global recognition as the better method for many kinds of disputes ranging from family and workplace disputes to construction and commercial disputes.
Given the potential to be speedy and cost effective, and the high level of user satisfaction, the services provided by the CCC-ICLP IADR Center will no doubt improve the commercial dispute resolution landscape in Sri Lanka. It will also contribute to improve Sri Lanka’s performance in the contract enforcement indicator in the Doing Business rankings. The enactment of domestic legislation to enable the enforcement of international mediated settlement agreements in line with the Singapore Convention will also certainly enhance Sri Lanka’s efforts to attract foreign investors. The slogan “Mediate, don’t litigate” is gaining in popularity given the reality that it’s not always smart to litigate to be right.
Features
Why Sri Lanka Still Has No Doppler Radar – and Who Should Be Held Accountable
Eighteen Years of Delay:
Cyclone Ditwah has come and gone, leaving a trail of extensive damage to the country’s infrastructure, including buildings, roads, bridges, and 70% of the railway network. Thousands of hectares of farming land have been destroyed. Last but not least, nearly 1,000 people have lost their lives, and more than two million people have been displaced. The visuals uploaded to social media platforms graphically convey the widespread destruction Cyclone Ditwah has caused in our country.
The purpose of my article is to highlight, for the benefit of readers and the general public, how a project to establish a Doppler Weather Radar system, conceived in 2007, remains incomplete after 18 years. Despite multiple governments, shifting national priorities, and repeated natural disasters, the project remains incomplete.
Over the years, the National Audit Office, the Committee on Public Accounts (COPA), and several print and electronic media outlets have highlighted this failure. The last was an excellent five-minute broadcast by Maharaja Television Network on their News First broadcast in October 2024 under a series “What Happened to Sri Lanka”
The Agreement Between the Government of Sri Lanka and the World Meteorological Organisation in 2007.
The first formal attempt to establish a Doppler Radar system dates back to a Trust Fund agreement signed on 24 May 2007 between the Government of Sri Lanka (GoSL) and the World Meteorological Organisation (WMO). This agreement intended to modernize Sri Lanka’s meteorological infrastructure and bring the country on par with global early-warning standards.
The World Meteorological Organisation (WMO) is a specialized agency of the United Nations established on March 23, 1950. There are 193 member countries of the WMO, including Sri Lanka. Its primary role is to promote the establishment of a worldwide meteorological observation system and to serve as the authoritative voice on the state and behaviour of the Earth’s atmosphere, its interaction with the oceans, and the resulting climate and water resources.
According to the 2018 Performance Audit Report compiled by the National Audit Office, the GoSL entered into a trust fund agreement with the WMO to install a Doppler Radar System. The report states that USD 2,884,274 was deposited into the WMO bank account in Geneva, from which the Department of Metrology received USD 95,108 and an additional USD 113,046 in deposit interest. There is no mention as to who actually provided the funds. Based on available information, WMO does not fund projects of this magnitude.
The WMO was responsible for procuring the radar equipment, which it awarded on 18th June 2009 to an American company for USD 1,681,017. According to the audit report, a copy of the purchase contract was not available.
Monitoring the agreement’s implementation was assigned to the Ministry of Disaster Management, a signatory to the trust fund agreement. The audit report details the members of the steering committee appointed by designation to oversee the project. It consisted of personnel from the Ministry of Disaster Management, the Departments of Metrology, National Budget, External Resources and the Disaster Management Centre.
The Audit Report highlights failures in the core responsibilities that can be summarized as follows:
· Procurement irregularities—including flawed tender processes and inadequate technical evaluations.
· Poor site selection
—proposed radar sites did not meet elevation or clearance requirements.
· Civil works delays
—towers were incomplete or structurally unsuitable.
· Equipment left unused
—in some cases for years, exposing sensitive components to deterioration.
· Lack of inter-agency coordination
—between the Meteorology Department, Disaster Management Centre, and line ministries.
Some of the mistakes highlighted are incomprehensible. There is a mention that no soil test was carried out before the commencement of the construction of the tower. This led to construction halting after poor soil conditions were identified, requiring a shift of 10 to 15 meters from the original site. This resulted in further delays and cost overruns.
The equipment supplier had identified that construction work undertaken by a local contractor was not of acceptable quality for housing sensitive electronic equipment. No action had been taken to rectify these deficiencies. The audit report states, “It was observed that the delay in constructing the tower and the lack of proper quality were one of the main reasons for the failure of the project”.
In October 2012, when the supplier commenced installation, the work was soon abandoned after the vehicle carrying the heavy crane required to lift the radar equipment crashed down the mountain. The next attempt was made in October 2013, one year later. Although the equipment was installed, the system could not be operationalised because electronic connectivity was not provided (as stated in the audit report).
In 2015, following a UNOPS (United Nations Office for Project Services) inspection, it was determined that the equipment needed to be returned to the supplier because some sensitive electronic devices had been damaged due to long-term disuse, and a further 1.5 years had elapsed by 2017, when the equipment was finally returned to the supplier. In March 2018, the estimated repair cost was USD 1,095,935, which was deemed excessive, and the project was abandoned.
COPA proceedings
The Committee on Public Accounts (COPA) discussed the radar project on August 10, 2023, and several press reports state that the GOSL incurred a loss of Rs. 78 million due to the project’s failure. This, I believe, is the cost of constructing the Tower. It is mentioned that Rs. 402 million had been spent on the radar system, of which Rs. 323 million was drawn from the trust fund established with WMO. It was also highlighted that approximately Rs. 8 million worth of equipment had been stolen and that the Police and the Bribery and Corruption Commission were investigating the matter.
JICA support and project stagnation
Despite the project’s failure with WMO, the Japan International Cooperation Agency (JICA) entered into an agreement with GOSL on June 30, 2017 to install two Doppler Radar Systems in Puttalam and Pottuvil. JICA has pledged 2.5 billion Japanese yen (LKR 3.4 billion at the time) as a grant. It was envisaged that the project would be completed in 2021.
Once again, the perennial delays that afflict the GOSL and bureaucracy have resulted in the groundbreaking ceremony being held only in December 2024. The delay is attributed to the COVID-19 pandemic and Sri Lanka’s economic crisis.
The seven-year delay between the signing of the agreement and project commencement has led to significant cost increases, forcing JICA to limit the project to installing only one Doppler Radar system in Puttalam.
Impact of the missing radar during Ditwah
As I am not a meteorologist and do not wish to make a judgment on this, I have decided to include the statement issued by JICA after the groundbreaking ceremony on December 24, 2024.
“In partnership with the Department of Meteorology (DoM), JICA is spearheading the establishment of the Doppler Weather Radar Network in the Puttalam district, which can realize accurate weather observation and weather prediction based on the collected data by the radar. This initiative is a significant step in strengthening Sri Lanka’s improving its climate resilience including not only reducing risks of floods, landslides, and drought but also agriculture and fishery“.
Based on online research, a Doppler Weather Radar system is designed to observe weather systems in real time. While the technical details are complex, the system essentially provides localized, uptotheminute information on rainfall patterns, storm movements, and approaching severe weather. Countries worldwide rely on such systems to issue timely alerts for monsoons, tropical depressions, and cyclones. It is reported that India has invested in 30 Doppler radar systems, which have helped minimize the loss of life.
Without radar, Sri Lanka must rely primarily on satellite imagery and foreign meteorological centres, which cannot capture the finescale, rapidly changing weather patterns that often cause localized disasters here.
The general consensus is that, while no single system can prevent natural disasters, an operational Doppler Radar almost certainly would have strengthened Sri Lanka’s preparedness and reduced the extent of damage and loss.
Conclusion
Sri Lanka’s inability to commission a Doppler Radar system, despite nearly two decades of attempts, represents one of the most significant governance failures in the country’s disastermanagement history.
Audit findings, parliamentary oversight proceedings, and donor records all confirm the same troubling truth: Sri Lanka has spent public money, signed international agreements, received foreign assistance, and still has no operational radar. This raises a critical question: should those responsible for this prolonged failure be held legally accountable?
Now may not be the time to determine the extent to which the current government and bureaucrats failed the people. I believe an independent commission comprising foreign experts in disaster management from India and Japan should be appointed, maybe in six months, to identify failures in managing Cyclone Ditwah.
However, those who governed the country from 2007 to 2024 should be held accountable for their failures, and legal action should be pursued against the politicians and bureaucrats responsible for disaster management for their failure to implement the 2007 project with the WMO successfully.
Sri Lanka cannot afford another 18 years of delay. The time for action, transparency, and responsibility has arrived.
(The views and opinions expressed in this article are solely those of the author and do not necessarily reflect the policy or position of any organization or institution with which the author is affiliated).
By Sanjeewa Jayaweera
Features
Ramifications of Trump Corollary
President Trump is expected to close the deal on the Ukraine crisis, as he may wish to concentrate his full strength on two issues: ongoing operations in Venezuela and the bolstering of Japan’s military capabilities as tensions between China and Japan over Taiwan rise. Trump can easily concede Ukraine to Putin and refocus on the Asia–Pacific and Latin America. This week, he once again spilled the beans in an interview with Politico, one of the most significant conversations ever conducted with him. When asked which country currently holds the stronger negotiating position, Trump bluntly asserted that there could be no question: it is Russia. “It’s a much bigger country. It’s a war that should’ve never happened,” he said, followed by his usual rhetoric.
Meanwhile, US allies that fail to adequately fund defence and shirk contributions to collective security will face repercussions, Secretary of War Pete Hegseth declared at the 2025 Reagan National Defense Forum in Simi Valley, California. Hegseth singled out nations such as South Korea, Israel, Poland, and Germany as “model allies” for increasing their commitments, contrasting them with those perceived as “free riders”. The message was unmistakably Trumpian: partnerships are conditional, favourable only to countries that “help themselves” before asking anything of Washington.
It is in this context that it becomes essential to examine the Trump administration’s National Security Strategy, issued last week, in order to consider how it differs from previous strategies and where it may intersect with current US military practice.
Trump’s 2025 National Security Strategy is not merely another iteration of the familiar doctrine of American primacy; it is a radical reorientation of how the United States understands itself, its sphere of influence, and its role in the world. The document begins uncompromisingly: “The purpose of foreign policy is the protection of core national interests; that is the sole focus of this strategy.” It is the bluntest opening in any American NSS since the document became a formal requirement in 1987. Whereas previous strategies—from Obama to Biden—wrapped security in the language of democracy promotion and multilateralism, Trump’s dispenses entirely with the pretence of universality. What matters are American interests, defined narrowly, almost corporately, as though the United States were a shareholder entity rather than a global hegemon.
It is here that the ghost of Senator William Fulbright quietly enters, warning in 1966 that “The arrogance of power… the belief that we are uniquely qualified to bring order to the world, is a dangerous illusion.” Fulbright’s admonition was directed at the hubris of Vietnam-era expansionism, yet it resonates with uncanny force in relation to Trump’s revived hemispheric ambitions. For despite Trump’s anti-globalist posture, his strategy asserts a unique American role in determining events across two oceans and within an entire hemisphere. The arrogance may simply be wearing a new mask.
Nowhere is this revisionist spirit more vivid than in the so-called “Trump Corollary to the Monroe Doctrine”, perhaps the most controversial American hemispheric declaration since Theodore Roosevelt’s time. The 2025 NSS states without hesitation that “The United States will reassert and enforce the Monroe Doctrine to restore American preeminence in the Western Hemisphere.” Yet unlike Roosevelt, who justified intervention as a form of pre-emptive stabilisation, Trump wraps his corollary in the language of sovereignty and anti-globalism. The hemispheric message is not simply that outside powers must stay out; it is that the United States will decide what constitutes legitimate governance in the region and deny “non-Hemispheric competitors the ability to position forces or other threatening capabilities… in our Hemisphere”.
This wording alone has far-reaching implications for Venezuela, where US forces recently seized a sanctioned supertanker as part of an escalating confrontation with the Maduro government. Maduro, emboldened by support from Russia, Iran, and China’s so-called shadow fleet, frames Trump’s enforcement actions as piracy. But for Trump, this is precisely the point: a demonstration of restored hemispheric authority. In that sense, the 2025 NSS may be the first strategic document in decades to explicitly set the stage for sustained coercive operations in Latin America. The NSS promises “a readjustment of our global military presence to address urgent threats in our Hemisphere.” “Urgent threats” is vague, but in practical military planning, vagueness functions as a permission slip. It is not difficult to see how a state accused of “narco-terrorism” or “crimes against humanity” could be fitted into the category.
The return to hemispheric dominance is paired with a targeted shift in alliance politics. Trump makes it clear that the United States is finished subsidising alliances that do not directly strengthen American security. The NSS lays out the philosophy succinctly: “The days of the United States propping up the entire world order like Atlas are over.” This is a direct repudiation of the language found in Obama’s 2015 NSS, which emphasised that American leadership was indispensable to global stability. Trump rejects that premise outright. Leadership, in his framing, is merely leverage. Allies who fail to meet burden expectations will lose access, influence, and potentially even protection. Nowhere is this more evident than in the push for extraordinary defence spending among NATO allies: “President Trump has set a new global standard with the Hague Commitment… pledging NATO countries to spend 5 percent of GDP on defence.”
In turn, US disengagement from Europe becomes easier to justify. While Trump speaks of “negotiating an expeditious cessation of hostilities in Ukraine”, it requires little sophistication to decode this as a form of managed abandonment—an informal concession that Russia’s negotiating position is stronger, as Trump told Politico. Ukraine may well become a bargaining chip in the trade-off between strategic theatres: Europe shrinks, Asia and Latin America expand. The NSS’s emphasis on Japan, Taiwan, and China is markedly sharper than in 2017.
China looms over the 2025 NSS like an obsession, mentioned over twenty times, not merely as a competitor but as a driving force shaping American policy. Every discussion of technology, alliances, or regional security is filtered through Beijing’s shadow, as if US strategy exists solely to counter China. The strategy’s relentless focus risks turning global priorities into a theatre of paranoia, where the United States reacts constantly, defined less by its own interests than by fear of what China might do next.
It is equally striking that, just nine days after Cyclone Ditwah, the US Indo-Pacific Command deployed two C130 aircraft—capable of landing at only three locations in Sri Lanka, well away from the hardest-hit areas—and orchestrated a highly choreographed media performance, enlisting local outlets and social media influencers seemingly more concerned with flaunting American boots on the ground than delivering “urgent” humanitarian aid. History shows this is not unprecedented: US forces have repeatedly arrived under the banner of humanitarian assistance—Operation Restore Hope in Somalia (1992) later escalated into full security and combat operations; interventions in Haiti during the 1990s extended into long-term peacekeeping and training missions; and Operation United Assistance in Liberia (2014) built a lasting US operational presence beyond the Ebola response.
Trump’s NSS, meanwhile, states that deterring conflict in East Asia is a “priority”, and that the United States seeks to ensure that “US technology and US standards—particularly in AI, biotech, and quantum computing—drive the world forward.” Combined with heightened expectations of Japan, which is rapidly rearming, Trump’s strategic map shows a clear preference: if Europe cannot or will not defend itself, Asia might.
What makes the 2025 NSS uniquely combustible, however, is the combination of ideological framing and operational signalling. Trump explicitly links non-interventionism, long a theme of his political base, to the Founders’ moral worldview. He writes that “Rigid adherence to non-interventionism is not possible… yet this predisposition should set a high bar for what constitutes a justified intervention.”
The Trump NSS is both a blueprint and a warning. It signals a United States abandoning the liberal internationalist project and embracing a transactional, hemispherically focussed, sovereignty-first model. It rewrites the Monroe Doctrine for an age of great-power contest, but in doing so resurrects the very logics of intervention that past presidents have regretted. And in the background, as Trump weighs the cost of Ukraine against the allure of a decisive posture in Asia and the Western Hemisphere, the world is left to wonder whether this new corollary is merely rhetorical theatre or the prelude to a new era of American coercive power. The ambiguity is deliberate, but the direction of travel is unmistakable.
[Correction: In my column last week, I incorrectly stated that India–Russia trade in FY 2024 25 was USD 18 billion; the correct figure is USD 68.7 billion, with a trade deficit of about USD 59 billion. Similarly, India recorded a goods trade surplus of around USD 41.18 billion with the US, not a deficit of USD 42 billion, with exports of USD 86.51 billion and imports of USD 45.33 billion. Total remittances to India in FY 2024 25 were roughly USD 135.46 billion, including USD 25–30 billion from the US. Apologies for the error.]
by Nilantha Ilangamuwa
Features
MEEZAN HADJIAR
selfmade businessman who became one of the richest men in the Central Province
I am happy that a book about the life and contribution of Sathkorale Muhamdiramlagedara Segu Abdul Cader Hajiar Mohamed Mohideen better known as Meezan Hadjiar or Meezan Mudalali of Matale [1911—1964] written by Mohammed Fuaji -a former Principal of Zahira College Matale, has now been published by a group of his admirers and relatives. It is a timely addition to the history of Matale district and the Kandyan region which is yet to be described fully as forming a part of the modern history of our country. Coincidentally this book also marks the centenary of Meezan Hadjiars beginning of employment in Matale town which began in 1925.
Matale which was an outlier in the Kandyan Kingdom came into prominence with the growth of plantations for coffee and, after the collapse of the coffee plantations due to the ‘coffee blight’ , for other tree crops . Coffee was followed by the introduction of tea by the early British investors who faced bankruptcy and ruin if they could not quickly find a substitute beverage for coffee.They turned to tea.
The rapid opening of tea plantations in the hill country demanded a large and hardworking labour force which could not be found domestically. This led to the indenturing of Tamil labour from South India on a large scale. These helpless workers were virtually kidnapped from their native villages in India through the Kangani system and they were compelled to migrate to our hill country by the British administration .
The route of these indentured workers to the higher elevations of the hill country lay through Matale and the new plantation industry developed in that region thereby dragging it into a new commercial culture and a cash economy. New opportunities were opened up for internal migration particularly for the more adventurous members of the Muslim community who had played a significant role in the Kandyan kingdom particularly as traders,transporters,medical specialists and military advisors.
Diaries of British officials like John D’oyly also show that the Kandyan Muslims were interlocutors between the Kandyan King and British officials of the Low Country as they had to move about across boundaries as traders of scarce commodities like salt, medicines and consumer articles for the Kandyans and arecanuts, gems and spices for the British. Even today there are physical traces of the ‘’Battal’’or caravans of oxen which were used by the Muslims to transport the above mentioned commodities to and from the Kandyan villages to the Low country. Another important facet was that Kandyan Muslims were located in villages close to the entrances to the hill country attesting to their mobility unlike the Kandyan villagers.
Thus Akurana, Galagedera, Kadugannawa, Hataraliyadde and Mawanella which lay in the pathways to enter the inner territory of the Kings domain were populated by ‘Kandyan Muslims’ who had the ear of the King and his high officials. The’’ Ge’’ names and the honorifics given by the King were a testament to their integration with the Sinhala polity. Meezan Hadjiars’’ Ge ‘‘name of Sathkorale Mohandiramlage denotes the mobility of the family from Sathkorale, an outlier division in the Kandyan Kingdom, and Mohandiramlage attests to the higher status in the social hierarchy which probably indicated that his forebears were honoured servants of the king.
Meezan Hadjiar [SM Mohideen] was born and bred in Kurugoda which is a small village in Akurana in Kandy district. He belonged to the family of Abdul Cader who was a patriarch and a well known religious scholar. Cader’s children began their education in the village school but at the age of 12 young Mohideen left his native village to apprentice under a relative who had a business establishment in the heart of Matale town which was growing fast due to the economic boom. It must be stated here that this form of ‘learning the ropes’ as an apprentice’was a common path to business undertaken by many of the later Sri Lankan tycoons of the pre-independence era.
But he did not remain in that position for long .When his mentor failed in his business of trading in cocoa, cardamoms, cloves and arecanuts and wanted to close up his shop young Mohideen took over and eventually made a great success of it. His enterprise succeeded because he was able to earn the trust of both his buyers and sellers. He befriended Sinhalese and Tamil producers and the business he improved beyond measure took on the name of Meezan Estates Ltd [The scales] and Mohideen soon became famous as Meezan Mudalali – perhaps the most successful businessman of his time in Matale. He expanded his business interests to urban real estate as well as tea and rubber estates. Soon he owned over 3,000 acres of tea estates making him one of the richest men in the Central Province.
With his growing influence Meezan spent generously on charitable activities including funding a water scheme for his native village of Kurugoda also serving adjoining villages like Pangollamada located in Akurana. He also gave generously to Buddhist causes in Matale together with other emerging low country businessmen like Gunasena and John Mudalali.
Matale was well known as a town in which all communities lived in harmony and tended to help each other. As a generous public figure he became strong supporter of the UNP and a personal friend of its leaders like Dudley Senanayake and Sir John Kotelawela. UNP candidates for public office-both in the Municipality and Parliament were selected in consultation with Meezan who also bankrolled them during election time. He himself became a Municipal councillor. The Aluvihares of several generations had close links with him. it was Meezan who mentored ACS Hameed – a fellow villager from Kurugoda – and took him to the highest echelons of Sri Lankan politics as Minister of Foreign Affairs. He was a supporter and financier of the UNP through thick and thin.
Though his premature death at the age 53 in 1965 saved him from the worst political witch hunts under SWRD Bandaranaike who was his personal friend it was after 1970 and the Coalition regime that Meezan’s large family were deprived of their livelihood by the taking over of all their estates. Fortunately many of his children were well educated and could hold on till relief was given by President Premadasa despite the objections of their father’s erstwhile protégé ACS Hameed who surprisingly let them down badly.
It is only fitting that we, even a hundred years later, now commemorate a great self made Sri Lankan business magnate and generous contributor to all religious and social causes of his time. His name became synonymous with enterprise in Matale – a district in which I was privileged to serve as Government Agent in the late sixties.He was a model entrepreneur and his large family have also made outstanding contributions to this country which also attest to the late Meezan Hadjiars foresight and vision of a united and prosperous Srilanka.
by SARATH AMUNUGAMA.
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