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JUSTICE FOR ALL

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We are alarmed by the undemocratic measures pursued by President Ranil Wickremasinghe and his government that continue to undermine the rule of law, fundamental rights and democracy in Sri Lanka. Of particular concern is the alarming trend of enacting and threatening to enact laws and regulations that in effect restrict fundamental rights and freedoms and legitimise the democratic backsliding and shrinking civic space.

These laws and regulations, mooted under the pretexts of economic recovery, stabilising the country and ensuring national security, have the potential to further suppress debate and dissent with deep consequences for our fragile democracy. We recognise and condemn this autocratic law reform agenda by an unelected president. ‘Rule by law’ is not Rule of Law, and must be called out for what it is, authoritarianism.

The Sri Lankan people are hard hit by a crisis that has been aggravated by bad governance. The President and his government does not recognise the suffering of the people and also the unequivocal resistance of the people to governance that is divisive, favours the political elite and is detrimental to the interest of the people. The delay to hold elections has stripped the country of its democratic character.

We witnessed a host of measures deployed to stifle dissent. Within weeks of assuming the presidency, we witnessed an attempt to create a High Security Zone using the Official Secrets Act. The proposal was withdrawn in response to robust opposition at the abuse of an archaic law. The Rehabilitation Bureau Bill, introducing once again the narrative of and measures to ‘rehabilitate’ citizens, was proposed. The proposed law had no credible justification, no due process safeguards and failed to secure judicial scrutiny over executive action.

The Bill was challenged in the Supreme Court, resulting in amendments introduced to address some of the potential for abuses of power. Against a backdrop of calls to repeal the PTA, including the well-received Justice for All island-wide campaign in 2022, in March this year the government introduced a draft Anti-Terrorism Act (ATA). The ATA amounts to a draconian proposal that provides broad powers to the police and security forces to arrest and detain individuals, place restrictions on media to publish and report, extensive power to the executive presidency to proscribe organisations, restrict movement, among other alarming provisions.

If introduced, the ATA will be the latest tool by the authorities to crush any form of protest and dissent. Media reports indicate the government plans to introduce a law to establish a Broadcasting Regulatory Commission with broad powers to decide on licenses for media organisations. This is the most recent tool in the playbook to restrict media freedom with alarming consequence for freedom expression in Sri Lanka.

In the name of economic reforms, changes to the social protection scheme of the country is taking place without wide consultation amongst those most affected. Reforms to labour laws have also been floated in a context of heightened citizen uncertainty relating to rising cost of living, unemployment, food security and increased care burden on women.

Justice for All recognises a context of increased surveillance, intimidation and harassment of journalists, protesters and others critical of the government and government sanctioned actions by law enforcement authorities and the military. Violent measures of tear gassing and water cannons in response to peaceful protests became the norm prompting the Human Rights Commission of Sri Lanka to respond with guidelines to the police on protecting fundamental rights of protestors.

We condemn the continued use of the International Covenant on Civil and Political Rights Act (ICCPR Act) by the authorities to suppress free speech and protest. The latest use of this Act is to arrest and detain a stand-up comedian for making a satirical remark alleged to be offensive to Buddhism, and the subsequent arrest of a blogger for sharing that video clip. This law meant to safeguard civil and political rights has since its enactment only been used as a weapon against those who are critical or have an alternative view point and is publicised in a way that installs a divisive racially charged narrative in the Sri Lankan polity.

Moreover, we express deep concern over the intimidatory and inciting language used by the President and some of his cabinet colleagues when referring to critics and political opponents. The labelling of those who have an alternative view point as conspirators effectively undermine the importance of constructive criticism and hinder the growth of a healthy democracy. Furthermore, this insidious rhetoric actively fuels animosity towards those who sincerely raise their grievances in public, advocate for the strengthening of democracy, advocate for policies that serve the people, the upholding of the rule of law, and stand against corruption and the pervasive culture of impunity.

We recognise for its destructive value the measures taken by the President and his government. We note that the consequences of these actions will have a lasting impact on the fabric of our society and shape the lives of the generations to come. The language of economic recovery and national security used to undermine the demands of the people must be resisted. We take this moment to recognize the path our country is on. We reaffirm to ourselves and all those who care for the people of this country that it takes courage and vision to engage in open dialogue, listen to the concerns of the people and genuinely value debate and dissent. A truly democratic society thrives when citizens are given the space to express their views, critique policies, and actively participate in shaping the future of their country.

1. A.A.M. Faaiz

2. Bhavani Fonseka

3. Ermiza Tegal

4. Jayadeva Uyangoda

5. Jayampathy Wickramaratne

6. M.A. Sumanthiran



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Opinion

Why so unbuddhist?

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Hardly a week goes by, when someone in this country does not preach to us about the great, long lasting and noble nature of the culture of the Sinhala Buddhist people. Some Sundays, it is a Catholic priest that sings the virtues of Buddhist culture. Some eminent university professor, not necessarily Buddhist, almost weekly in this newspaper, extols the superiority of Buddhist values in our society. Some 70 percent of the population in this society, at Census, claim that they are Buddhist in religion. They are all capped by that loud statement in dhammacakka pavattana sutta, commonly believed to have been spoken by the Buddha to his five colleagues, when all of them were seeking release from unsatisfactory state of being:

‘….jati pi dukkha jara pi dukkha maranam pi dukkham yam pi…. sankittena…. ‘

If birth (‘jati’) is a matter of sorrow, why celebrate birth? Not just about 2,600 years ago but today, in distant port city Colombo? Why gaba perahara to celebrate conception? Why do bhikkhu, most prominent in this community, celebrate their 75th birthday on a grand scale? A commentator reported that the Buddha said (…ayam antima jati natthi idani punabbhavo – this is my last birth and there shall be no rebirth). They should rather contemplate on jati pi dukkha and anicca (subject to change) and seek nibbana, as they invariably admonish their listeners (savaka) to do several times a week. (Incidentally, Buddhists acquire knowledge by listening to bhanaka. Hence savaka and bhanaka.) The incongruity of bhikkhu who preach jati pi duklkha and then go to celebrate their 65th birthday is thunderous.

For all this, we are one of the most violent societies in the world: during the first 15 days of this year (2026), there has been more one murder a day, and just yesterday (13 February) a youngish lawyer and his wife were gunned down as they shopped in the neighbourhood of the Headquarters of the army. In 2022, the government of this country declared to the rest of the world that it could not pay back debt it owed to the rest of the world, mostly because those that governed us plundered the wealth of the governed. For more than two decades now, it has been a public secret that politicians, bureaucrats, policemen and school teachers, in varying degrees of culpability, plunder the wealth of people in this country. We have that information on the authority of a former President of the Republic. Politicians who held the highest level of responsibility in government, all Buddhist, not only plundered the wealth of its citizens but also transferred that wealth overseas for exclusive use by themselves and their progeny and the temporary use of the host nation. So much for the admonition, ‘raja bhavatu dhammiko’ (may the king-rulers- be righteous). It is not uncommon for politicians anywhere to lie occasionally but ours speak the truth only more parsimoniously than they spend the wealth they plundered from the public. The language spoken in parliament is so foul (parusa vaca) that galleries are closed to the public lest school children adopt that ‘unparliamentary’ language, ironically spoken in parliament. If someone parses the spoken and written word in our society, there is every likelihood that he would find that rumour (pisuna vaca) is the currency of the realm. Radio, television and electronic media have only created massive markets for lies (musa vada), rumour (pisuna vaca), foul language (parusa vaca) and idle chatter (samppampalapa). To assure yourself that this is true, listen, if you can bear with it, newscasts on television, sit in the gallery of Parliament or even read some latterday novels. There generally was much beauty in what Wickremasinghe, Munidasa, Tennakone, G. B. Senanayake, Sarachchandra and Amarasekara wrote. All that beauty has been buried with them. A vile pidgin thrives.

Although the fatuous chatter of politicians about financial and educational hubs in this country have wafted away leaving a foul smell, it has not taken long for this society to graduate into a narcotics hub. In 1975, there was the occasional ganja user and he was a marginal figure who in the evenings, faded into the dusk. Fifty years later, narcotics users are kingpins of crime, financiers and close friends of leading politicians and otherwise shakers and movers. Distilleries are among the most profitable enterprises and leading tax payers and defaulters in the country (Tax default 8 billion rupees as of 2026). There was at least one distillery owner who was a leading politician and a powerful minister in a long ruling government. Politicians in public office recruited and maintained the loyalty to the party by issuing recruits lucrative bar licences. Alcoholic drinks (sura pana) are a libation offered freely to gods that hold sway over voters. There are innuendos that strong men, not wholly lay, are not immune from seeking pleasures in alcohol. It is well known that many celibate religious leaders wallow in comfort on intricately carved ebony or satin wood furniture, on uccasayana, mahasayana, wearing robes made of comforting silk. They do not quite observe the precept to avoid seeking excessive pleasures (kamasukhallikanuyogo). These simple rules of ethical behaviour laid down in panca sila are so commonly denied in the everyday life of Buddhists in this country, that one wonders what guides them in that arduous journey, in samsara. I heard on TV a senior bhikkhu say that bhikkhu sangha strives to raise persons disciplined by panca sila. Evidently, they have failed.

So, it transpires that there is one Buddhism in the books and another in practice. Inquiries into the Buddhist writings are mainly the work of historians and into religion in practice, the work of sociologists and anthropologists. Many books have been written and many, many more speeches (bana) delivered on the religion in the books. However, very, very little is known about the religion daily practised. Yes, there are a few books and papers written in English by cultural anthropologists. Perhaps we know more about yakku natanava, yakun natanava than we know about Buddhism is practised in this country. There was an event in Colombo where some archaeological findings, identified as dhatu (relics), were exhibited. Festivals of that nature and on a grander scale are a monthly regular feature of popular Buddhism. How do they fit in with the religion in the books? Or does that not matter? Never the twain shall meet.

by Usvatte-aratchi

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Opinion

Hippocratic oath and GMOA

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Almost all government members of the GMOA (the Government Medical Officers’ Association). Before joining the GMOA Doctors must obtain registration with Sri Lanka Medical Council (SLMC) to practice medicine. This registration is obtained after completing the medical studies in Sri Lanka and completing internship.

The SLMC conducts an Examination for Registration to Practise Medicine in Sri Lanka (ERPM) – (Formerly Act 16 in conjunction with the University Grants Commission (UGC), which the foreign graduates must pass. Then only they can obtain registration with SLMC.

When obtaining registration there are a few steps to follow on the as stated in the “

GUIDELINES ON ETHICAL CONDUCT FOR MEDICAL & DENTAL PRACTITIONERS REGISTERED WITH THE SRI LANKA MEDICAL COUNCIL” This was approved in July 2009, and I believe is current at the time of writing this note. To practice medicine, one must obtain registration with the SLMC and complete the oath formality. For those interested in reading it on the web, the reference is as follows.

 https://slmc.gov.lk/images/PDF_Main_Site/EthicalConduct2021-12.pdf

I checked this document to find the Hippocratic Oath details. They are noted on page 5. The pages 6 & 7 provide the draft oath form that every Doctor must complete with his/her details. Oath must be administered by

the Registrar/Asst. Registrar/President/ Vice President or Designated Member of the Sri Lanka Medical Council and signed by the Doctor.

Now I wish to quote the details of the oath.

I solemnly pledge myself to dedicate my life to the service of humanity;

The health of my patient will be my primary consideration and I will not use my profession for exploitation and abuse of my patient;

I will practice my profession with conscience, dignity, integrity and honesty;

I will respect the secrets which are confided in me, even after the patient has died;

I will give to my teachers the respect and gratitude, which is their due;

I will maintain by all the means in my power, the honour and noble traditions of the medical profession;

I will not permit considerations of religion, nationality, race, party politics, caste or social standing to intervene between my duty and my patient;

I wish to ask the GMOA officials, when they engage in strike action, whether they still comply with the oath or violate any part of the oath that even they themselves have taken when they obtained registration from the SLMC to practise medicine.

Hemal Perera

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Opinion

Where nature dared judges hid

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Dr. Lesego the Surgical Registrar from Lesotho who did the on-call shift with me that night in the sleepy London hospital said a lot more than what I wrote last time. I did not want to weaken the thrust of the last narrative which was a bellyful for the legal fraternity of south east Asia and Africa.

Lesego begins, voice steady and reflective, “You know… he said, in my father’s case, the land next to Maseru mayor’s sunflower oil mill was prime land. The mayor wanted it. My father refused to sell. That refusal set the stage for everything that followed.

Two families lived there under my dad’s kindness. First was a middle-aged man, whose descendants still remain. The other was an old destitute woman. My father gave her timber, wattle, cement, Cadjan, everything free, to build her hut. She lived peacefully for two years. Then having reconciled with her once estranged daughter wanted to leave.

She came to my father asking for money for the house. He said: ‘I gave you everything free. You lived there for two years completely free and benefitting from the produce too. And now you ask for money? Not a cent.’ In hindsight, that refusal was harsh. It opened the door for plunderers. The old lady ‘sold’ the hut to Pule, the mayor’s decoy. Soon, Pule and his fellow compatriots, were to chase my father away while he was supervising the harvesting of sunflowers.

My father went to court in September 1962, naming Thasoema, the mayor, his Chief clerk, and the trespassers as respondents. The injunction faltered for want of an affidavit, and under a degree of compulsion by the judge and the attending lawyers, my father agreed to an interim settlement of giving away the aggressors total possession with the proviso that they would pay the damages once the court culminates the case in his favour. This was the only practical alternative to sharing the possession with the adversaries.

From the very beginning, the dismissals and flimsy rulings bore the fingerprints of extra‑judicial mayoral influence. Judges leaned on technicalities, not justice. They hid behind minutiae.

Then nature intervened. Thasoema, the mayor, hale and hearty, died suddenly of what looked like choking on coconut sap which later turned out to be a heart attack. His son Teboho inherited the case. Months later, the Chief clerk also died of a massive heart attack, and his son took his place. Even Teboho, the mayor’s young son of 30 years died, during a routine appendectomy, when the breathing tube was wrongly placed in his gullet.

About fifteen years into the case, another blow fell. A 45‑year‑old judge, who had ruled that ‘prescription was obvious at a glance, while adverse possession was being contested in court all the time, died within weeks of his judgment, struck down by a massive heart attack.

After that, the case dragged on for decades, yo‑yoing between district and appeal courts. Judges no longer died untimely deaths, but the rulings continued to twist and delay. My father’s deeds were clear: the land bought by his brother in 1933, sold to him in 1936, uninterrupted possession for 26 years. Yet the courts delayed, twisted, and denied.

Finally, in 2006, the District Court ruled in his favour embodying every detail why it was delivering such a judgement. It was a comprehensive judgement which covered all areas in question. In 2015, the Appeal Court confirmed it, his job being easy because of the depth the DC judge had gone in to. But in October 2024, the Supreme Court gave an outrageously insane judgment against him. How? I do not know. I hope the judge is in good health, my friend said sarcastically.

Lesego paused, his voice heavy with irony “Where nature dared, judges hid. And that is the truth of my father’s case.”

Dr.M.M.Janapriya

UK

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