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Mannar Island wind farms issue revisited

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Mannar Island

President Anura Kumara Dissanayake has recently (13 August, 2025) ordered a one-month suspension of the construction of two wind power plants in Mannar Island in order to review the issues raised primarily by the local communities.  It has been reported that the community representatives raised serious concerns over a nine-day long continuous agitation (code named ‘Karunilam’ – Black soil) against the impacts of environmental destruction, involuntary displacement and violation of consent not only during the wind farm project implementation but also those associated with prawn farms and mining of mineral sands such as ilmenite).

The local representatives have apparently faulted the authorities for failing to properly implement the environmental recommendations and the report findings of the Central Environmental Authority on the impact on livelihoods, the environment and the regional economy.  They have argued that since the Cabinet approval has already been given for these wind farm projects, it can even be challenged legally to obtain a court injunction against the project in order to receive redress to the issues they have raised.

In response, the president has reportedly stated that construction would not move forward without the approval of the Central Environmental Authority and compliance with the recommendations given in its assessment reports. He has stressed that while development is essential to strengthen the economy, it must be conducted with the consensus and solutions primarily in addressing local concerns. Consequently, a decision has been made by the relevant state agencies to develop a framework to identify and resolve the issues faced by local communities due to wind power plants and other issues during this one-month grace period.

In this regard, the Land Reclamation Department has been tasked with assessing flood risks from the wind power plants, several other government agencies including the Departments of wildlife and Forest Conservation, Mahaweli Authority, Ministry of Lands and Ministry of Environment have been instructed to prepare a joint report on northern lands and submit proposals to resolve the issues raised by the local communities and the general public, at large.

The controversy

The controversy over wind power plants in Mannar is an old one and I have already written two previous newspaper articles   as this subject is having national and regional significance somewhat akin to the now ill-famed Sinharaja Logging Project of the 1970s. ( 1). https://island.lk/mannar-wind-farm-project-another-folly-like-the-sinharaja-logging-project-on-the-horizon/). 2). https://island.lk/a-plea-for-establishing-a-transboundary-blue-green-biosphere-reserve-in-gulf-of-mannar-and-palk-bay/ ) and another in LORIS (https://www.wnpssl.org/pdf/loris/lorismagazinevolume30issue-3.pdf).

 In my first article published in 2024 (before the presidential elections), I drew some parallels between the Mannar Wind Farm Project with that of the Sinharaja Logging Project. The executive order issued by the president is somewhat similar to the appointment of a special commission headed by a cabinet minister during Mrs. Banadaranayake’ government in early1970s mandated to examine the veracity of the public criticism and make recommendations on the continuation of the logging project.

This problem of Mannar wind farms still persists because the Sri Lankan governmental authorities representing different key stakeholder sectors (environmental, social and economic) have still not jointly  come together to commit in a coherent and integrated manner to reconcile the need for power generation, mineral sand mining, illegal fishing, prawn farming and future oil exploration needs with  peoples’ concerns despite a number of authoritative reports, position papers and research publications have already been prepared to address these issues in a scientific manner for the Mannar region as a whole  (and beyond). In that respect, the current situation is very much different from that prevailed during the Sinharaja logging project and we hope that a scientific evidence-based solution acceptable to all stakeholders could be arrived at within a shorter period of time.

I am listing below several reports by both national and international agencies that are of great value for the review committee to consider (if they haven’t already) along with the Environmental Impact Assessment carried out for the now withdrawn Adani Project, which had its own share of inherent deficiencies and hence drawing in criticisms from both national and international scientific community.  I am also hoping that my effort would provide the general public an opportunity to share their own views on this nationally and regionally important issue rekindling the events that took place during Sinharaja logging project, half a century ago.

1. Diving deep into the Blue – A case for a Marine Spatial Plan for Sustainable Blue Economy in Sri Lanka (UNDP Sri Lanka, 2023).

2.  Sri Lanka’s Blue Economy – A position paper by UNDP Sri Lanka & Laxman Kadirgamar Institute of International Relations and Strategic Studies (file:///F:/Environment,%20Eco-Tourism/Mannar%20Wind%20Farm%202024%20-Blue%20Carbon%20&%20Earth%20Jurisprudence/2025/UNDP%20-%20blue_economy_position_paperand_lki.pdf).

3. The Potential of Blue Carbon Habitats in Sri Lanka against Climate Change (file:///F:/Environment,%20Eco-Tourism/Mannar%20Wind%20Farm%202024%20-Blue%20Carbon%20&%20Earth%20Jurisprudence/2025/The%20Potential%20of%20Blue%20Carbon%20Habitats%20in%20Sri%20Lanka%20against%20climate%20change%20-%20Climate%20Fact%20Checks.html).

4. Ocean Country Partnership Programme in Sri Lanka – Marine Spatial Planning, Marine Biodiversity, and Sustainable Seafood (.file:///F:/Environment,%20Eco-Tourism/Mannar%20Wind%20Farm%202024%20-Blue%20Carbon%20&%20Earth%20Jurisprudence/2025/Ocean%20Country%20Partnership%20Programme%20in%20Sri%20Lanka%20%E2%80%93%20Marine%20Spatial%20Planning,%20Marine%20Biodiversity,%20and%20Sustainable%20Seafood.%C2%A0%20%E2%80%93%20Marine%20Science.html

5. The Importance of Marine Spatial Planning for Marine Resources Management in the Gulf of Mannar, Sri Lanka (Symposium Abstract by A. Wijesundera of NARA-2019).

6.  Sri Lanka Revised Coastal Zone and Coastal Resource Management Plan 2024-2029.

7.  World Bank Group. 2023. Offshore Wind Roadmap for Sri Lanka, World Bank, Washington, DC. License : Creative Commons Attribution CC BY 3.0 IGO

8. SLTDA  & ADB ( 2025).  Report on the Marine Tourism Roadmap for Sri Lanka

9. Updated Landscape Strategy for Building Social, Economic and Ecological Resilience In Mannar Coastal Landscape: UNDP/GEF/ SGP – Operations Phase 7. (2023). UNDP. https://www.undp.org/sites/g/files/zskgke326/files/2023-05/Mannar%20Landscape%20Strategy%2005-05 2023.pdf.

10.  Mannar Island Development Plan 2019-2030. (2019). Urban Development Authority. https://www.uda.gov.lk/attachments/outdated_dev_ plans/Mannar/English-r.pdf

11.  https://www.cea.lk/web/?option=com_content&view=article&layout=edit&id=173

It is indeed surprising that with all these (and perhaps, more) background and baseline information being available, a realistic appraisal of these windfarm and other developmental projects has not been done to adequately safeguard the interests of the local people and the environment while engaging in multifarious development projects.

It is very likely that in response to the president’s directive, the relevant government authorities will have to hurriedly develop a policy framework and a strategic action plan to identify and resolve the issues raised by the local communities stemming from wind power plants, mineral extraction and prawn farming, within a period of one month from 13th August 2025.

Consequently,  it is quite probable that an ad hoc framework to address the above issues will be prepared to meet the deadline set by the president during this short period of time. However, a longer-term approach is needed along globally accepted scientific and socio-economic principles and guidelines, in order to attract investors to convert these perplexing challenges to viable opportunities benefiting the local communities, the environment and the economy through, for example, climate finance instruments. The rest of this article is directed towards that objective.

Marine, Coastal (and Inland Terrestrial) Spatial Planning in the Mannar Region

Marine and Coastal Spatial Planning is a proven conflict resolution tool tested over 100 countries/territories that aims in addressing disputes among disparate stakeholders by effectively integrating divergent human endeavors in marine and coastal environments in achieving ecological, economic, and social objectives for sustainable long-term development.   It is a process aimed at better decision-making for the use of marine and coastal resources, promoting sustainable development, and addressing conflicts between different ocean uses. It involves a comprehensive, integrated, ecosystem-based approach that moves away from the traditional, single-sector management of coastal and marine areas.  Mannar being a small and somewhat rectangular island, the spatial planning process needs to address issues pertaining not only to marine and coastal areas but the inland terrestrial landscapes in an integrated mode.

Sri Lanka’s Blue Economic Potential

A position paper titled ‘Sri Lanka’s Blue Economy’ by UNDP Sri Lanka & Laxman Kadirgamar Institute of International Relations and Strategic Studies and another titled ‘Diving deep into the Blue – A case for a Marine Spatial Plan for Sustainable Blue Economy in Sri Lanka’ by the UNDP Sri Lanka (2023) have proposed a Blue Economy development approach for Sri Lanka while highlighting  recommendations and commitments to a nationally driven sustainable Blue Economy pathway anchored by a Marine (and Coastal) Spatial Plan. They provide guiding principles to balance both the economic and conservation objectives of Sri Lanka’s marine territory and offer a broad governance framework for an inclusive, whole-of-society approach which needs to be efficiently coordinated among the government, civil society, and the private sector.

The UNDP & LKI jointly proposed Blue Economic Policy Framework while strengthening the protection and management of ocean and coastal ecosystems, it contributes to attracting investments in marine and coastal ecosystems-based economic sectors which have the potential to transform the present challenges to novel opportunities to maximize the social and economic benefits of the existing valuable resources, both living and non-living, to all stakeholders in an equitable manner.

The two UNDP led reports have detailed out a blueprint for the blue economy and also, they have outlined an MSP Roadmap for Sri Lanka. They emphasize that integrating Sri Lanka’s Nationally Determined Contributions (NDCs) into the Blue Economy approach is essential to promote nature-positive economic recovery in combination with a carbon-neutral, sustainable future. The Blue Economy framework must reflect the Nationally Determined Contributions and finance such interventions in alignment with blue economic principles.

As an example, there could be investment opportunities that include restoration of coastal ‘blue carbon’ sinks (sea gras, mangroves, and coastal wetlands) thus opening the door for innovative blue-carbon crediting schemes generated by quantifying the amount of carbon captured and stored by these ecosystems. Participation of local communities in these projects as business partners would contribute to their livelihood improvement through equitable sharing of benefits (thus meeting some of their current demands) and to climate change mitigation and adaptation, in the longer-term.

In addition to these UNDP interventions, a UK Government-led team visited Sri Lanka in July 2024 to build on the support offered through the Ocean Country Partnership Programme (OCPP) and share the lessons learned from the UK on Marine Spatial Planning.  The team met with a range of government ministries, departments and agencies (including NGOs) to discuss and agree priorities in relation to MSP – a tool that is used to manage conflict between activities and promote sustainable and equitable use of the marine environment.  Interestingly enough, their visit concluded with a two-day consultation workshop on adopting a Strategic Environmental Appraisal (SEA) approach to MSP for Northwest Sri Lanka that includes Mannar region, as a pilot MSP.  Their final report too, would be invaluable for the review team to consider.

Also, the National Aquatic Resources Research and Development Agency (NARA) has been preparing zoning maps and integrating natural habitats with impacting human activities using IOC-UNESCO guidelines towards preparing an MSP for the Gulf of Mannar region.

Way Forward

I have gone into great length in highlighting the tremendous amount of groundwork done on Marine (and Coastal) Spatial Planning, a sine qua non prerequisite for resolving human conflicts in natural resource-rich regions like the Gulf of Mannar. Most likely, the local communities would have participated as important stakeholders in, at least, some of these exploratory exercises and as such, they may be quite familiar with issues arising from the proposed wind farm projects.

Therefore, instead of taking a piecemeal approach at this juncture in response to the President’s directive, a longer-term MSP based approach for the Mannar region as a pilot case study for eventual developing a Marine (and coastal) Spatial Plan for entire Sri Lanka would be more desirable. At the same time, this would be a viable solution to the problems that may be in store which may crop up time and again whenever such unplanned development projects get underway.

Sri Lanka possesses a territorial sea of 21,500 km2 and an Exclusive Economic Zone (EEZ) of up to 200 nautical miles (370 km) from the coastal line at an extent of 517,000 km2. From living resources to exploitable minerals and hydrocarbons, fisheries, access to shipping lanes, offshore renewable energy, oceanic recreational opportunities such as surfing, whale and dolphin watching, deep sea diving, sea entertainment etc., the opportunities for economic value addition are virtually limitless.  Therefore, Sri Lanka has a compelling case for the adoption of a sustainable blue economic model, with a particular focus on an MSP to attract investors for collaborative management of these vital natural resources, according to the UNDP-led reports.

Besides, Sri Lanka is the current chair of the Indian Ocean Rim Association (IORA 2023-2025) and the six priority areas the IORA Council of ministers focusing under the Sri Lankan leadership of IORA are i) Trade and Investment, ii) Maritime Safety and Security, iii) fisheries Management, iv) Disaster Risk Management, and v) Blue Economy – all of which are well represented in the Mannar region. With national, regional and international endorsement along with their overwhelming support, Sri Lanka can lead by example and demonstrate the potential of the Blue Economy to other Indian Ocean developing states. If Sri Lanka can use this Mannar region as a pilot case study as a first step and extend it thereafter to the entire island it will undoubtedly strengthen collaboration on measures to enhance regional governance mechanisms.

In this regard, the Government should use the Gulf of Mannar case study as a springboard for developing an island-wide Marine (and coastal) Spatial Plan with sufficient credibility needed for public/private investor confidence to mobilize capital for climate-resilient investments.  As a first step in this exercise, the government must strengthen its conservation strategies/targets and then judiciously allocate marine and coastal resources in order to make climate finance opportunities more attractive to potential investors.

In an earlier article (The Island, 04 April 2025), I have highlighted the conservation needs that would help a Blue Economic environment for the Sri Lankan sector of the Gulf of Mannar Region. There I have suggested that once a marine and coastal spatial plan is developed for the Sri Lankan side of the Gulf of Mannar, it should seek the possibility of linking it up with the already established Indian Gulf of Mannar Biosphere Reserve to develop a trans-boundary biosphere reserve. Conservation investments of this nature will increase investor confidence in unlocking the potential of the Blue Economy for Sri Lanka.

by Emeritus Professor Nimal Gunatilleke ✍️
nimsavg@gmail.com



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Features

Civilizational dialogue proving a remote possibility as realpolitik rages

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Political leaders at the Shanghai Cooperation Organization Summit 2026. (Photo by PROKOFYEV / POOL / AFP)

Looking back over the years since the 9/11 catastrophe, it could be said that barring former Iranian President Mohammad Khatami no world political leader of note has made an earnest effort to change the nature of global political discourse for the better. Khatami won world acclaim for his pronouncement that the time is right to launch and sustain a ‘Dialogue among Civilizations’.

This was in marked contrast to US political scientist Samuel P. Huntingdon’s epochal theses, formulated in the wake of 9/11 and other global political tumults that the Post Cold War era is essentially one of conflicts among civilizations. That is, people’s identity markers, such as culture and religion, are the prime shaping forces of international conflicts.

From a Political Realism standpoint, Huntingdon’s theory may seem to have gained in credibility over the years but it is Khatami’s pronouncement that has evoked an empathetic response in the hearts and minds of publics world wide. So much so, 2001 was proclaimed by the UN General Assembly as the ‘Year of Dialogue among Civilizations’.

It could be said that the latter proclamation was an endeavour to give back to humans their essential identity of peace-makers. It was an eschewing of the position that war and conflict are central to the human condition and amounted to upholding constructive dialogue among peoples and civilizations as a path to peace.

That things have not worked out in the world in keeping with the expectations of peace makers does not in any way invalidate the thesis that peace is the essential propensity of humans.

If peace-making is seemingly ineffective it is primarily because the path to peace is narrow, tortuous and time-consuming. On the other hand, violence usually misleadingly recommends itself to the human as the more expedient, cost-effective way out of a conflictual situation. However, the ultimate cost of the latter approach is prohibitive because it brutalizes the human beyond recognition.

Some of the evidence is before our eyes. The Trump administration, for example, has, minus much forethought, unleashed what may be described as a ‘quick-fix’ war against Iran but is now finding that it is in a veritable military quagmire in West Asia. The priority for the administration now seems to be a face-saving escape strategy. Such are the costs of the war option.

However, there is no denying that much remains to be done by the world community to bring peoples and cultures together with a view to enabling them to work as one for the cause of a less dangerous world.

Meanwhile, the broad divisions in international politics continue and past political polarities are lingering to the detriment of enhanced international understanding. The East and the West and the South and the North, for instance, are continuing to work in separate collectives, more or less, and no notable efforts are being made by the international community to bring these sides together for the purpose of united constructive action that could usher greater international well being.

The recent Shanghai Cooperation Organization Summit, 2026, held in Kyrgyztan was a replication of the above broad trends but there were some statements at the forum by Indian Prime Minister Narendra Modi that deserve special scrutiny and comment.

Modi was quoted saying among other things: ‘The land of Gandhi and the land of Buddha share a single message: the path to peace!..We must move away from endless war towards an end to the war. This is essentially for the well being of humanity. A peaceful resolution to all issues at the earliest is the call of humanity, and this is India’s message.’

The above is the language of international peace and unity. It is such language that will help in building bridges among civilizations and advance the cause of world peace. Besides, it will help bring a measure of understanding between North and South.

In this regard, the Trump administration could take a leaf or more from the Modi government. Unless it makes a ‘U turn’, as it were, in the direction of peace and reconciliation it is very unlikely that the US and the world would experience any stability worth speaking of.

Right now the US is savaging the sovereignty of Venezuela. It is a question of the ‘Empire striking back’ but Venezuela is a far cry from Iran. Iran has outsmarted the US on the battle field and is in a position to influence broad trends in the world economy since it still has control over the Hormuz Straits. That is, Iran could exercise a determining influence over world oil, gas and energy prices. In short, the US consumer’s future peace of mind is very much in the hands of Iran.

Given the above backdrop it should have dawned on the US political leadership that working towards cordial relations with Iran is the most advisable option. The US, simply, has too much to lose otherwise.

Likewise, Russia too needs to take a leaf from India. It is plain to see that its invasion of Ukraine is proving totally ineffective. It has not brought any measure of peace for the Russian people. Russia is right now experiencing a rerun of its military misadventure in Afghanistan. On the other hand, sections of the peoples concerned have been victimized and even brutalized.

Accordingly, there needs to be a coming together of democratic opinion worldwide for a fresh consideration of the options facing humanity. There is a dire need for value-based politics to take the place of Realpolitik. Besides, the language of peace and humanity needs to replace current divisive discourse with its stress on polarities and antagonisms.

International organizations of the stature of the UN need to take the lead in spearheading the above initiatives. Right now the UN gives the impression of being a spent force. This columnist hopes that he would be proved wrong on this score because the UN remains the only hope of the poor and victimized. It will be in the interests of all peoples for the UN to rejuvenate itself and dedicate itself increasingly enthusiastically to the cause of international peace.

Whether it be the South or North, dynamic, visionary political leadership and direction emerges as essential. The need is for voices that would espouse peace and accord across boundaries and divisions. For South Asia, India and Pakistan have the potential to fill this lacuna.

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Sri Lanka’s constitutional test: Judicial independence beyond immediate political moment

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Superior Court Complex, Colombo

by Shelton Dharmaratne

Sri Lanka has reached an important constitutional moment.

The proposed 22nd Amendment has moved beyond political debate and into the constitutional process through which its validity will be examined. That development should change the character of the national discussion.

That is understandable in a politically contested environment. But Sri Lanka should now resist reducing a question of constitutional design to a contest over political positions.

The deeper issue concerns the relationship between constitutional reform, judicial independence and public confidence in the institutions of the State.

The Supreme Court will determine the constitutional questions before it. Public commentators should therefore exercise restraint in predicting, interpreting or seeking to influence that determination. But restraint does not require silence. It requires a more rigorous discussion of the institutional principles at stake.

A narrower constitutional question than the political debate suggests

The proposed amendment principally concerns the retirement ages of judges of the Supreme Court and Court of Appeal, together with an increase in the maximum number of judges permitted on the Court of Appeal.

Under the proposal, the retirement age of Supreme Court judges would rise from 65 to 67 and that of Court of Appeal judges from 63 to 65. The maximum number of Court of Appeal judges would also increase from 19 to 24.

Other proposed changes concerning the retirement ages of judges in the lower courts arise under separate legislation. This distinction matters because the public debate has sometimes treated the wider package of judicial reform as though it formed a single constitutional proposal.

Nor should the central issue be reduced to whether retaining experienced judges is inherently good or inherently dangerous. Both propositions are too simplistic.

Sri Lanka faces a substantial burden of pending litigation, and delays in the administration of justice impose significant costs on citizens, businesses and the State. Experienced judges represent an institutional resource. Continuity, accumulated knowledge and familiarity with complex areas of law cannot always be replaced immediately.

Those are legitimate policy considerations.

But the opposing concern is equally important: judicial tenure is not merely an employment condition. It is a structural component of judicial independence.

The real question is institutional

The critical question is not whether an individual judge is capable of acting impartially. It is whether the constitutional structure provides adequate protection against circumstances in which judicial tenure could become connected, directly or indirectly, with political authority.

That is an institutional question, not an accusation against individual judges.

A judge may be entirely conscientious and independent while the institutional arrangements surrounding the judiciary nevertheless create public doubts about independence. Constitutional democracies therefore cannot depend solely on the personal integrity of office-holders. They must construct institutions capable of preserving independence even when governments, individuals and political circumstances change.

This is particularly relevant when constitutional reform concerns the tenure of serving members of the superior judiciary.

The institutional sensitivity of such a proposal should neither be exaggerated into an allegation of improper motive nor dismissed as irrelevant. The appropriate response is transparency, procedural fairness and confidence in constitutional safeguards.

Legitimate objectives do not settle constitutional questions

The government has stated that its objectives include strengthening the administration of justice, addressing delays, retaining judicial experience and increasing institutional capacity.

Those objectives deserve serious consideration. Sri Lanka needs judicial reform. Citizens waiting years for their cases to be concluded experience the justice system very differently from those discussing it in Parliament, courtrooms or universities.

A government is therefore entitled to propose reforms designed to improve judicial efficiency.

But legitimate objectives do not automatically resolve constitutional objections. The relevant question is whether the means chosen are compatible with the constitutional structure and whether sufficient safeguards exist against unintended institutional consequences.

That is precisely why constitutional scrutiny matters.

The concerns of the Bar Association of Sri Lanka (BASL) should likewise be examined without political labelling. Opposition to the proposed changes should not automatically be characterised as opposition to judicial reform or an attempt to obstruct the government. At the same time, invoking judicial independence does not place any argument beyond scrutiny.

The appropriate questions are straightforward:

Does extending judicial tenure strengthen the administration of justice?

What risks, if any, could it create for judicial independence?

Are adequate institutional safeguards in place?

Does the proposal operate prospectively, or does it affect judges already serving?

Could the same objectives be achieved by filling vacancies, increasing judicial capacity, improving court administration and strengthening case management?

These questions can be examined rationally without attributing improper motives to either side.

Judicial vacancies and institutional confidence

Recent concerns raised by the BASL regarding judicial vacancies add another dimension to the debate. The BASL has argued that vacancies in the Supreme Court contributed to the retirement of a senior Court of Appeal judge without promotion to the Supreme Court, despite vacancies having existed. It has also raised concerns regarding forthcoming judicial retirements and the need for timely consideration of appointments.

Such matters should not be treated as evidence of the motives behind the proposed amendment. They do, however, illustrate a broader principle.

Judicial independence is shaped not only by the retirement age written into the Constitution. It is also influenced by how vacancies are filled, how promotions are determined, how seniority and merit are assessed, and whether judicial officers and the public believe that institutional decisions are made according to transparent and defensible criteria.

The government has an opportunity to address these concerns constructively.

Prompt appointments based on publicly defensible principles would strengthen confidence in the judiciary irrespective of the eventual outcome of the constitutional debate.

Seniority, merit and transparent criteria

The controversy also exposes a longstanding question concerning judicial appointments.

Seniority has traditionally carried considerable weight in judicial advancement. Yet seniority alone need not be the sole measure of merit. Conversely, replacing established practices with undefined assessments of “merit” could create another institutional problem.

If governments or appointing authorities can determine which judges are sufficiently meritorious without clear and objective criteria, uncertainty itself may become a source of institutional anxiety.

Sri Lanka would therefore benefit from clearer, objective and defensible standards governing judicial appointments and promotions.

Such standards would protect judges as well as appointing authorities. They would reduce opportunities for favouritism, strengthen institutional confidence and make it harder for political actors to portray every appointment as politically motivated.

Institutional rules are stronger safeguards than assurances of good intentions.

The State is larger than any government

One principle deserves particular emphasis: a government is not the State.

Governments are temporary. The constitutional State is continuing. Political parties change, parliamentary majorities change and political priorities change. The judiciary, however, must continue to function independently of whoever occupies the government benches.

The judiciary is neither a government institution in the political sense nor an Opposition institution. It is an institution of the State whose legitimacy depends upon its independence from both.

For that reason, governments should exercise particular caution when proposing constitutional changes affecting the judiciary, even where the policy objectives are legitimate.

The stronger a government is politically, the greater its responsibility to demonstrate institutional restraint.

That is not political weakness. It is constitutional maturity.

Public confidence is a constitutional asset

The most consequential issue may ultimately be neither retirement age nor judicial capacity, but public confidence.

Courts do not possess political power in the conventional sense. Their authority rests substantially on the acceptance of their decisions as legitimate.

Citizens will sometimes disagree with judicial decisions. But where the judiciary is perceived as independent, even unpopular decisions can command respect. If judicial institutions are perceived as being shaped by political convenience, even legally sound decisions may become vulnerable to suspicion.

Constitutional reform affecting judicial tenure must therefore be evaluated not only by its immediate administrative benefits but also by its effect on institutional credibility.

A reform that produces short-term efficiency while weakening confidence in judicial independence could impose a greater long-term cost. Conversely, reform that improves efficiency while preserving independence can strengthen both justice and public trust.

The challenge is not to choose between judicial efficiency and judicial independence. It is to achieve both.

If a referendum arises …

If the constitutional process ultimately requires approval by the people at a referendum, the debate should rise above the conventional government versus Opposition contest.

The electorate should be given a clear constitutional question and sufficient information to assess it.

Citizens should understand what problem the amendment seeks to address, why the proposed mechanism is considered necessary, what institutional risks have been identified, what safeguards exist and whether alternative measures could achieve the same objectives.

A constitutional referendum deserves a higher standard of public discussion than an ordinary election campaign.

The people would not merely be choosing a political side. They would be deciding the institutional framework within which political power and judicial authority operate.

Beyond who wins

The most important question arising from the proposed Twenty-Second Amendment is therefore not simply whether the government succeeds or whether the Opposition and BASL prevail.

Nor is it ultimately whether judicial retirement ages become 67 and 65 or remain unchanged.

Those are immediate constitutional questions. The deeper issue is what Sri Lanka learns from the controversy.

If the government seeks to modernise and strengthen the justice system, that objective deserves serious consideration. If the BASL and others warn that particular reforms may affect judicial independence, those concerns deserve equally serious examination.

Neither side strengthens the country by assuming that the other is acting in bad faith.

The constitutional system is strongest when legitimate disagreements are resolved through institutions rather than political pressure.

Whatever the eventual constitutional outcome, Sri Lanka will still face the underlying challenges of judicial vacancies, case delays, institutional capacity, judicial appointments and public confidence. Those problems will not disappear with a judicial determination, nor should the national conversation end there.

Sri Lanka should instead seek a broader consensus around a fundamental proposition:

Judicial reform and judicial independence are not competing objectives.

The real challenge is to pursue reform in a manner that strengthens the judiciary without placing its independence under suspicion.

That requires sound legislation, transparent appointments, adequate resources, efficient court administration, responsible political conduct and safeguards capable of surviving changes of government.

The present controversy will eventually pass. Political arguments surrounding it will fade.

But constitutional arrangements can endure for decades.

That is why Sri Lanka must look beyond the immediate political contest.

The ultimate test is not who wins today’s constitutional argument. It is whether, when the political moment has passed, Sri Lanka has a judiciary that is more efficient, more accessible and more trusted—while remaining sufficiently independent to hold every government, including future governments, within the boundaries of the Constitution.

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Farewell to a Fashion Icon

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Chula was very fond of The Island newspaper and kept in touch with us on a regular basis (L) / Chula: Sent us this photo for Glam Scene, just a couple of weeks ago (R)

Sri Lanka’s fashion world lost one of its brightest stars Monday morning – veteran model, actress, and elite pageant trainer Chulpadmendra “Chula” Kumarapathirana.

Her sudden demise has certainly come as a shock to many.

Chula had just completed a major event on Sunday (30th August), and was no more in the land of the living the following day (31st August).

Born in Colombo, she was an old girl of Buddhist Ladies’ College and later studied at the National Institute of Business Management, and has many awesome achievements to her credit.

In 2006, she won the “Miss Tourism Model of the World Press Award” in Tanzania.

She entered the entertainment industry, as an actress, and gained popularity through the teledrama “Wahinna Muthu Wessak.”

Chulpadmendra has been on TV, and many Sri Lankan hip-hop music videos, including “Hanthane” and “Heena Hirimal”, and has had several other minor acting jobs since then.

She hosted the Derana Miss Sri Lanka for Miss World 2008 and even participated in the reality TV show Sirasa Dancing Star.

For over 25 years Chula was active in local and international fashion and founded the Chulpadmendra Catwalk Studio to train young newcomers

She trained hundreds of models for runway, photoshoots, auditions, and international pageants.

She was known as a fierce mentor who believed in “not just learning to walk, but learning to command the runway”.

Many young models called graduating from her studio their “happiest moment.”

Chulpadmendra “Chula” Kumarapathirana: Many young models called graduating
from her studio their “happiest moment.” (L)/ Won the “Miss Tourism Model of the World Press Award” in Tanzania (R)

Chula was very fond of The Island newspaper and kept in touch with us on a regular basis.

Her last message to The Island was a ‘thank you’ note for the article ‘New benchmark in pageant industry’:

“Thank you, Ivan, for writing such a beautiful article about me. Your unwavering support, encouragement, and belief in me throughout my career mean more than words can express. I am truly grateful for your kindness and generosity.

“My heartfelt thanks also go to The Island newspaper for featuring the article. It is a great honour, and I sincerely appreciate the recognition and support.

“Thank you once again.”

In fact, just a couple weeks ago, she sent a photo of herself for our Glam Scene and that picture I publish today, as part of this story.

May she rest in peace. Our deepest condolences to her family, students, and all who loved her.

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