Features
Internal armed conflicts: Inherent imbalances in accountability
Unlike conflicts between states where parties to an armed conflict are required to abide by internationally accepted rules of war, inherent imbalances in accountability exist in the case of internal armed conflicts between state and non-state actors for different reasons. This is the case with the armed conflict between the Sri Lankan state and the non-state actor – the LTTE. These imbalances are due to the fact that although the Sri Lankan state and the LTTE as parties to the conflict are bound alike, the evidence against the LTTE is not enforceable due the nonexistence of its perpetrators, unlike in the case of the security forces.
In such a context, where those who participated in the conflict on behalf of the Sri Lankan government and the LTTE are citizens of Sri Lanka, accountability for actions relating to the armed conflict should be guided by a combination of its existing domestic laws and those international laws that Sri Lanka has accepted as part of domestic law, except for military acts. Furthermore, the question of enforcing punishment for violations committed during and after hostilities ceased, is different due to the fact that identification and access to LTTE violators presents a near impossible challenge, while it is not so with the Sri Lankan security forces. Consequently, imbalances in accountability are inevitable.
THE IMBALANCE in ACCOUNTABILITY
The inherent imbalance between state and non-states actors such as the LTTE, enables them to evade consequences of accountability to an extent that it amounts to a virtual amnesty, while the security forces would be compelled to face the full rigors of investigations and punishment. The resulting outcome would be the serious polarization of the communities and a barrier to reconciliation.
In recognition of such an outcome, it is reported that the Government has rejected “OHCHR’s external accountability initiative” (Sunday Times, Sept. 7, 2025) on the grounds that: “Sri Lanka observes that external initiatives will only serve as hindrances to the ongoing national efforts and serve to polarise the population”. While acknowledging the inevitability of such an outcome by the Government is noteworthy, the Government should not overlook the fact that the exercise of any form of accountability, even domestic, would polarize communities because of the inherent imbalance in outcomes due the prevailing real life circumstances associated with the LTTE compared with the circumstances of the security forces.
For instance, despite the fact that reports exist of violations such as, assassination of Presidents, Cabinet Ministers and other political leaders, acts of terrorism, taking civilians hostage, shooting civilians attempting to flee the conflict zone, using the protection of civilians as a human shield to carry out attacks against the security forces, carrying out hostilities under cover of neutral objects such as hospitals, use of child soldiers, to mention a few, any individual, commander or former leaders of the LTTE could be held accountable, because either they do not exist, located or brought before a court of law.
This however, is not the case with the circumstances of the Security Forces that were associated with the conflict. Thousands of them along with their high ranking military officers and political leaders survived. Some of them have already been sanctioned on account of alleged war crimes based on alleged existing evidence. If serious investigations are carried out by an independent Prosecutor, as contemplated by the government, the possibility is that a disproportionate number of former security force members would be found guilty and punished for various crimes. Such an outcome would be inevitable if the government proceeds with its plan to investigate and prosecute perpetrators of crimes in the name of justice for the victims of such crimes.
Retribution in the name of justice ignores the fact that they happened to be those who gave their full measure of devotion to make the country whole and bring security to millions who endured insecurity of a sort that families would not travel together and parents would anxiously await the return of children from school because of possible terror attacks. Therefore, whether it is an external or domestic mechanism, any form of accountability exercise would be a blowback to reconciliation.
ALTERNATIVE APPROACH to RECONCILIATION
Justice to victims through Investigation and Prosecution that is being pursued by the Government is Justice through Retribution; a belief that relies on the warped notion that punishing perpetrators of crimes would ease the pain inflicted on the surviving victims. In the particular context of Sri Lanka, where two communities are involved, such an approach runs counter to the objective of Reconciliation, without which Sri Lanka would be a divided Nation. This division arises from the reality that Retribution is directed at the Security Forces identified with one community, while the need for Retribution against the LTTE for the crimes committed against their own people would with time fade from memory as it is with the JVP. Therefore, it is in the best interests of this one community to oppose the attempts by the Government to adopt Retributive Justice, and to propose arrangements that foster Restorative Justice because there is more to be gained by and for them, to be an integral part of one Nation.
On the other hand, the atrocities committed by the JVP involved one community. Although more citizens of Sri Lanka are reported to have lost their lives during the insurrections initiated by the JVP from 1971 to 1990, than during the Armed Conflict, NO attempt was made by the UN Human Rights Commission that existed prior to the current Human Rights Council, to adopt the doctrine of Retributive Justice, for whatever reason. Furthermore, although the public is aware of those responsible for the crimes committed by the JVP, the fact is that NO Domestic or Foreign Government attempted to initiate a Mechanism to identify and punish the perpetrators responsible. This has contributed immeasurably to healing and reconciliation within the Community to an extent that, after decades, the Nation has elected them to govern Sri Lanka. This should be the lesson for all communities, for the simple reason that the healing process is free of the enduring trauma associated with Retributive Justice.
The healing process involving one community has taken decades. When it involves two communities the healing process would naturally be over a longer period. Since it is in the best interests of the Sri Lankan Nation to expedite the process, the Government should seriously consider granting the broadest possible Amnesty to all responsible for the crimes committed, however serious, during insurrections and Armed Conflicts as called for in Protocol II of 1977 Additional to the Geneva Conventions of 1949. The primary justification for such an amnesty is because NO Investigation is in a position to establish with any degree of certainty the number of civilians who lost their lives due to measures adopted by both Security Forces and the LTTE. This compounds the imbalance associated with Accountability in whatever form.
Under the particular circumstance, where one party to the conflict cannot be held accountable, the most realistic option to adopt is what is stated in Article 6 (5) of Protocol II. This states: “At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to persons who have participated in the armed conflict, or those deprived of their liberty for reasons related to the armed conflict, whether they were interned or detained”.
CONCLUSION
The Report of the OHCHR Investigation on Sri Lanka (OISL) 2015 in its Conclusion states in paragraph 1267: “Counting or estimating the exact number of civilian casualties during the different stages of the armed conflict is impossible…”. Furthermore, another impossible fact is to establish the number of casualties due to measures adopted by the LTTE and separately by the Security Forces. The Report adds: “The LTTE caused further distress by forcing adults and children to join their rank and fight on their front lines. The fact that the civilians were forced to remain in the conflict area by the LTTE and suffered reprisals if they tried to leave added to the trauma that they lived through”.
Given these hard realities, it is not possible to identify those of the former LTTE who were responsible for such strategies because they do not exist. In contrast, although it may be possible to identify those of the Security Forces who were responsible for adopting measures called for by Military Necessity, unaware of its consequences to civilian lives. should they be investigated and prosecuted? This is the imbalance in accountability between the parties to Sri Lanka’s Armed Conflict. To hold the two parties to the conflict to different standards, is not Justice.
To start with, the Government should revisit its stand on what constitutes Justice. If it is to Investigate and Prosecute with an Independent Prosecutor, it is NOT justice for the reasons cited above. On the other hand, Restorative justice is not new to Sri Lanka, considering that out of “more than eleven thousand LTTE cadres who surrendered or were detained… 595 former LTTE child soldiers were rehabilitated…and reunited with their families… while a further 6130 were rehabilitated by 2011” (p.82, Ministry of Defence).
With such a history, the Government should explore all possibilities of Restorative Justice, starting with a blanket Amnesty to ALL associated with Insurrections and the Armed Conflict and extend it beyond to restore the livelihood and wellbeing of the survivors in ALL communities.
To achieve the desired results, the Government should carry out a National Campaign to convince the public of the merits of such an approach backed by Parliamentary approval without which it would not be possible to forge unity among ALL communities in a united Sri Lankan Nation. Having demonstrated a national consensus, the Government should initiate a Resolution and canvas members of the UNHRC of the need for the approach adopted if Sri Lanka is to be a reconciled nation.
by Neville Ladduwahetty
Features
‘Lord Edgware Dies’
It has been some time since I read an Agatha Christie, the plot of which I cannot remember. So, I was delighted to find on the shelves of a friend Lord Edgware Dies, which I had a vague memory of, but no certainty about who had done it.
When I read it, I found that my memory of who was probably the killer was correct, but I could not be certain and the red herrings Christie threw in were so diverting that until almost the very end I wondered if I had been wrong.
The plot is very simple. Jane Wilkinson, who is married to Lord Edgware, tells him that she is desperate for a divorce since she is in love with a very proper Anglo-Catholic peer, Lord Melton, but Edgware refuses to divorce her. She asks Poirot to talk to him, which he does, and is surprised to find that Edgware has told Jane he is prepared to give her a divorce. This was, after he had categorically refused, through a letter, which Jane said she had not received.
That night Edgware is murdered, after Jane had been to see him, or so the butler said, and also Edgware’s secretary. But Jane had been that evening at a grand dinner many miles away, where a dozen fellow guests could swear to her presence.
There was a solution however to the mystery of two Jane Wilkinsons, namely a skilful impersonator called Carlotta Adams who, in the opening chapter had impersonated Jane Wilkinson, who had also been at the performance. But when Poirot goes to see her, he finds that she had been found dead on the morning after Edgware had been killed, of an overdose. And in her bag was a gold case, with a strange inscription, that contained the drug, along with a pair of pince-nez.
Her maid said she had written a letter to her sister in America and posted it the previous night. Poirot asks Inspector Japp to get the letter, and a transcript is received from America, and in it the name of Edgware’s nephew Ronald Marsh is mentioned; he had taken Carlotta to dinner after her performance, with which the book opens, and had then set her a challenge. Japp arrests Marsh, but Poirot is not happy and asks for the original of the letter, which the sister sends him. That shows that a page is missing, and the tear is obvious, though that raises the question as to why it had not simply been cut.
Matters are further complicated by the fact that Marsh had gone in a taxi to the Edgware house, along with Edgware’s daughter Geraldine, in the interval of an opera which had previously seemed to provide them with cast iron alibis. Geraldine had gone in to fetch her pearls so that Marsh could raise money he needed, and thus had an opportunity to kill Edgware, as did Marsh, for the driver said he had got out of the taxi while waiting and gone into the house.
Marsh explained why he had gone to the house on the night of the murder as having followed Bryan Martin, an American actor, who had been in love with Jane, whom he saw go into the house with a key. But there was no one visible when he entered, and Geraldine almost immediately came down and they left together. And Martin too has become an object of suspicion to Poirot, for he had been to see him before the murders were discovered with a story of being followed by a man with a gold tooth – a story Poirot immediately realized was false when he was asked how old the man was, and was told he was young, for young people did not have gold teeth.
A heap of French money Edgware had got for a trip to Paris was missing, but since Marsh had no need for it after his cousin’s offer of help, Poirot deduces that it must have been taken by the butler, who has disappeared. Christie has stressed that he is astonishingly handsome, unusual in a butler, and Poirot notes a resemblance to Martin, so he thinks the mysterious man going into the house must have been him.
Incidentally, later Poirot assumes that Edgware’s change of mind was because he was involved in some scandal, and I believe Christie intends us to see the cause of this in his handsome butler, though this is not specified.
Meanwhile, Poirot has asked Japp to find out the provenance of the case found in Carlotta’s handbag, and it turns out to have been made in Paris, specially commissioned, and collected by a woman with pince-nez.
But then another murder occurs—that of another guest at the grand dinner, which provided Jane with her alibi. The victim is an actor who had been bemused when Jane, at a lunch, thought the Judgment of Paris referred to the city. He told Hastings he wanted to see Poirot, but was killed before he could get to the appointment. Poirot had rushed there when told about his request, but it was too late.
Meanwhile, Poirot has tried out the pince-nez on Edgware’s secretary, but she could not see through these. It was only a chance remark heard outside the theatre that led him to try them out on Wilkinson’s maid Ellis, a spare pair that had been appropriated for the night of the murders.
Poirot then lays things out, having summoned Martin and told him that he probably suppressed Edgware’s letter, as he had been dropped by then and he did not want Jane to marry another. But after teasing Martin, Poirot says that Jane was in fact the murderer, and she got Carlotta to impersonate her at the dinner while she went to the house and killed her husband. After meeting Carlotta later and checking with her through a call that she had
not been rumbled, Jane had gone ahead with the murder – she put veronal into her drink and the case with veronal into the handbag. She forgot to take out the pince-nez she had used earlier to imitate an American. Carlotta had registered as the American in a hotel and Jane had gone to see her, and there they exchanged identities. After seen the letter, she made use of it by tearing off the page that referred to her, and the S of She, so that the person who had challenged Carlotta to impersonate her seemed to be a man.
There is a coda in which Jane, condemned to death, writes to Hastings, still full of pride at her ingenuity hoping she will be remembered.
Features
Desilt reservoirs, learn from our ancient irrigation systems
by Prof. O. A. Ileperuma
Silting of reservoirs is a major problem today affecting our hydropower production and irrigation systems. The main Mahaweli reservoirs are silted to a considerable extent reducing the water holding capacity of them. Due to poor soil management practices, floodwaters deposit large amounts of silt in these reservoirs. When the Polgolla reservoir was fully drained about two years back, one could see mountains of silt in the lower reaches of the reservoir. A rough estimate is that 50% of the total capacity of these reservoirs has been lost to siltation. This is a serious issue which affects not only power and agriculture but also flood control.
Our ancient irrigation systems ensured that desilting of reservoirs took place under royal decree where all users of the reservoirs were ordered to carry out desilting of reservoirs during the dry season. The clay thus collected was used in making bricks for the construction of great stupas which dot the landscape of our ancient kingdoms. This ensured that the reservoirs had their full capacity filled with water for the next cultivating season. Our ancient kings were clever enough not to construct reservoirs by blocking main rivers such as the Mahaweli. A classic example is the Minipe left canal where they tapped only the surface water of Mahaweli. Even the bigger tanks such as Nuwara Wewa and Parakrama Samudraya were fed with minor rivulets. There were also other ingenious features in the cascade irrigation systems built by the ancient kings, such as mud sluice canals and forest reservations between the reservoirs in the cascade system. These reservations helped trap silt and remove excess nutrients, which could otherwise contribute to increasing salinity as water flowed from one reservoir to another.
- Parakrama Samudraya
- Kalawewa
- Kotmale
A classic engineering marvel is the former Yoda Ela, which carries water from Kalawewa to Nuwara Wewa and Tissa Wewa. It is 87 km long although the straight distance between these points is only about 40 km. The gradient of this canal is about 10 cm per km or 6 inches per mile. Yodha Ela functions as a moving reservoir and feeds about 4,600 hectares of paddy lands. It is a winding canal with about 120 smaller reservoirs on its way. It was constructed during the reign of King Dhatusena around 459 AD and later expanded by King Parakramabahu by connecting more reservoirs to the network. Unfortunately, during the Mahaweli project our modern-day engineers constructed a concrete canal replacing the winding path of this Yoda Ela also called Jaya Ganga. This effectively removed the ability of the old Yoda Ela to remove silt and nutrients. The bank of this Ela has wet zone trees such as jak and areca nut growing well. They take up the nutrients from the flowing stream making the water suitable for irrigation later.
Ancient Mesopotamian civilisations depended on dams constructed along the two main rivers, Euphrates and Tigris. After continuous irrigation of their fields over several thousand years, salinity of the irrigated lands increased making them unsuitable for agriculture. People died due to famine and this clearly illustrates the danger of blocking main rivers for agriculture. There is scientific evidence that the salinity of paddy soils in the Mahaweli C area is increasing.
We saw the devastation caused by Cyclone Ditwah. The sluice gates of the Kotmale Reservoir were opened, and Kandy and Peradeniya were flooded. If the reservoir had had greater storage capacity, couldn’t the opening of the gates have been delayed? This may not be an argument that modern-day engineers would readily accept, and I am not an irrigation expert. These ideas may well be naïve. But most of us tend to think of reservoirs mainly in terms of hydropower generation and irrigation, while their role in flood control receives much less attention. The question therefore deserves serious consideration. Could restoring lost reservoir capacity through desilting help improve our ability to manage extreme rainfall and reduce flood risks?
Desilting our reservoirs should be considered a national priority.
Features
Losing out to Ethiopia
Export diversification – Missing the wood for the trees – Part III
by Gomi Senadhira
In Sri Lanka, the word “Ethiopia” is often used as disparaging slang to describe individuals or areas experiencing extreme poverty, starvation, or severe economic hardship. This linguistic habit originated in the 1980s with the Western media coverage of the devastating Ethiopian famine of 1983-85. That media coverage shocked the world but also left an outdated and offensive global stereotype that the country is permanently starving. Much has changed since then. By now, with an annual growth rate of around 9%, it is the fastest-growing economy in sub-Saharan Africa. Ethiopia has also emerged as a highly competitive exporter and is challenging not only its competitors in the region but also countries like Sri Lanka. This article is on how Sri Lanka has lost ground to Ethiopia (and a few other countries) in the GCC markets for agricultural and floricultural products.
Sri Lanka – A Pioneer in the Agriculture and Floricultural Market in the GCC
As discussed in Part II of this article, by the mid-1980s Sri Lanka had established a strong foothold in the GCC’s fruit, vegetable, and floricultural market. Geographical proximity and well-established shipping and air links gave Sri Lanka a strong comparative advantage over Southeast Asian and African nations. Thailand, Vietnam, and Kenya were not even in the market. At that time, Ethiopia was experiencing (as BBC news reports described) “a biblical famine”.
The market was not very large, but it was lucrative and growing. Trade Minister Lalith Athulathmudali as well as the Chairman of the Export Development Board, Victor Santiapillai, who visited Kuwait (and the GCC countries), recognised the market potential for these products and encouraged us to continue with our work. The minister was particularly keen to further develop links between the market for these products, exporters, and his Export Production Villages (EPVs). So, it was becoming a successful case not only for export diversification but also for transferring gains from exports directly to rural households.
From Trailblazer to Tailender
As a result, even by the beginning of this century Sri Lanka had a larger market share than most of its competitors from Asia or Africa. But since then, our competitiveness has weakened significantly. The tables below provide a comparative snapshot of Sri Lanka’s performance vis-à-vis Thailand, Vietnam, Kenya and Ethiopia in the GCC market for vegetables, fruits and floricultural products. As illustrated therein, in 2001 Sri Lanka was ahead of Thailand, Kenya and Ethiopia in this small but rapidly growing market. Since then, we have fallen behind Thailand, Kenya and many other countries in that lucrative market. If this trend continues, Sri Lanka will fall behind Ethiopia within the next few years. (See Table 1)
In the GCC market for vegetables (covered in HS chapter 07), Sri Lanka was ahead of most other competitors in 2001. As illustrated in Table 1 , Sri Lanka had failed to develop this market, while Thailand, Kenya, and even Ethiopia had very efficiently increased their market shares. The GCC is a market to which Sri Lanka can supply some vegetables, like cabbages, by sea. It appears Sri Lanka had also failed to exploit this mode of supply.
We can see a similar trend in the market for fruits. Vietnam, Kenya, and Thailand have emerged as major players, while exports from Sri Lanka have staggered on slowly. In this segment, Vietnam has emerged as a leading player during the last twenty years and the GCC imports from Viet Nam have shot up from US$44 thousand in 2001 to US$346 million by 2024. In part one of these articles, I discussed the remarkable increase of jackfruit exports from Vietnam “…just $3 million in 2015 to an impressive $236.8 million in 2023” while most of our jackfruit production rots under the trees. This explains how countries develop their markets, geographically and product-wise. (See Table 2)
Sri Lanka’s performance has been weakest in the market for floricultural products (HS Chapter 06), which groups live trees, cut flowers, and ornamental foliage. When we first entered the market in the 1980s, the market was dominated by the Netherlands, and Kenya and Ethiopia were not even in the market. At that time, we identified the Gulf states as a market where Sri Lanka could have a dominant presence due to geographical proximity. Even in 2001, Sri Lanka was ahead of Kenya, Ethiopia, and Thailand. But by now, Kenya has emerged as the dominant supplier. Ethiopia is also expanding its market share and is the third-largest exporter. (See Table 3)
Missing the Wood for the Trees
In the mid-1980s, Sri Lanka first established its foothold in the GCC market. Since then, Thailand, Vietnam, Kenya, and even Ethiopia have moved well ahead of us and have become leading players. Why did we lag behind in our export diversification efforts in general and, more particularly, in the GCC market?
The reasons are very clear. After the initial attempts in the 1980s and early 1990s, Sri Lanka has not been proactively involved in identifying, developing, and promoting new products and markets, or protecting and further developing new markets already established. The focus has simply been on traditional exports: tea, coconut, cinnamon, and garments, while other products were almost ignored. In essence, we have been and continue to focus intensely on a narrow group of products and markets, and we have lost sight of the bigger picture.
(The writer can be reached at senadhiragomi@gmail.com)
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