Features
Men or mice? Sri Lanka at debt negotiations
BY SANJA DE SILVA JAYATILLEKA
Sirasa TV1’s Public Platform (anchored by Sonali Wanigabaduge) of 29th June is only the latest in a series of valuable, one might say crucial, civil society and independent media initiatives to bring more clarity on Sri Lanka’s debt crisis and the on-going negotiations believed to be rescuing us from it.
Despite government hype, experts with impeccable credentials that appeared on this and other programmes like it, are seriously worried about the on-going restructuring efforts which seem to be characterised by capitulation to creditor interests rather than responsible negotiations in order to achieve a fair deal for the people of Sri Lanka.
On this particular TV programme, Prof Jayati Ghosh, joined by Germany’s Christina Rehbein (member of the European Network on Debt and Development) threw a completely different light on what we are led to believe is the problem and its only solution. It appears that Sri Lanka’s negotiators’ understanding of “good news” was to settle for a creditor-friendly, shortsighted solution at the expense of its own citizenry.
The government’s recent self-congratulatory hype needs serious re-scrutiny.
Our Right to Sustainable Solutions
It was at an event at the SLFI, organized by Ahilan Kadirgamar and the newly-founded Yukthi, that first brought an alternative perspective on Sri Lanka’s debt crisis. The public event had Jayati Ghosh, Martin Guzman and Charles Abugre on their panel. Yukthi deserves our deepest gratitude for this initiative at which we came to know that the usual narrative of corruption and bad governance which had been fed to us, including by the populist Opposition, as the primary reason for our plight, was a lesser cause for the crisis.
These scholar-practitioners spoke about other, bigger systemic and structural reasons for this crisis, with the structure being the current international financial architecture as it is constituted today. This structure and its processes are being challenged and sought to be corrected at this moment, including through an initiative of Pope Francis as well as one by the Secretary-General of the UN. Jayati Ghosh was on an important advisory panel to the Secretary-General, the report of which seeks to reform the existing, flawed system.
At the Yukthi event, and reiterated later on TV1’s People’s Platform by Jayati Ghosh, it was pointed out that there have been successive debt cycles going back to the 1970s. After the 2008 financial crisis in the West, there was an excess of liquidity floating in the Western economies, which needed investing for profit. Thus began the untrammeled lending to emerging economies to the delight of the elites running those countries. As the experts pointed out, it takes two to manufacture debt, with responsibility on both sides for the risks. But the lenders, while recognizing the danger of lending to certain higher-risk countries, nevertheless weren’t deterred. They introduced a risk premium to cover that risk. The private money markets made it easy to borrow, and many countries did, including ours, at high interest rates.
However, when the risk actually came to pass and some countries defaulted, the lenders refused to take any responsibility for making a bad investment and demanded the full pound of flesh, while having made plenty of profit on the lending already. All the blame was put on the borrower country which then squeezed its citizens to extract the penalty for which they were not responsible.
This, we are told by the progressive experts, does not have to be the last word on the subject. Countries have the right, yes, the right, to negotiate a deal in which both parties to the contract take responsibility. This includes a substantial haircut on the borrowing; a cap on interest rates; debt standstill until new terms are negotiated so the interest doesn’t pile up while the creditors drag their feet; and critically questioning the IMF programmes which are meant to help with recovery.
17th Going On 18th?
It was on TV1’s Public Platform that it was revealed that the mandatory IMF programme, which is considered imperative for negotiations of debt restructuring, is not required by international law. It is only that creditors insist on it. From their perspective, it is probably seen as necessary to introduce some fiscal discipline to errant elites. However, this doesn’t mean that the programmes that the IMF proposes to countries as imperative for recovery aren’t full of holes. In fact, it was suggested that most of the IMF programmes have failed.
Jayati Ghosh pointed out that when the bulk of the ISBs were borrowed by Sri Lanka after 2014, the country was under an IMF programme. What, she asks, was the IMF doing, by allowing it? How could it be the case that the IMF has the answers to a problem it failed to prevent while on its watch and actually under its supervision?
The visiting experts said that while the IMF has the status of a UN institution, it primarily represents the interests of the creditors in rich capitalist countries due to the quota system that gives those countries dominance over IMF decisions. It is not a neutral umpire. Therefore, the IMF protects the creditors rather than the debtor countries and their citizens.
In Sri Lanka’s case, Prof Ghosh pointed out that while our crisis was a foreign exchange crisis, the IMF programme has lumped our local currency debt together with the foreign currency debt, which, according to her, is plain wrong. This unwarranted clubbing together then makes it possible to squeeze the already burdened citizens, as in the case of the pension funds. The visiting experts asserted that the Debt Sustainability Analysis (DSA) produced by the IMF cannot be trusted to be correct, and in fact, appears to be wrong. This is a serious matter considering our programmes for recovery are based on this DSA.
Verite Research has asked for transparency of the basis for the IMF’s assumptions included in their DSA, in order to verify that the conclusions are correct. The IMF will not reveal it, and those concerned for Sri Lanka fear that the IMF programme will inevitably fail because of its unrealistic assumptions on which our day-to-day existence depends. On TV1’s Public Platform, Christina Rehbein said that the 18th IMF programme is already almost an inevitability, given the flawed nature of the 17th programme we are in now.
The recent ludicrous suggestion by the IMF of taxing owner-occupied houses, which even this IMF-friendly government was quick to backtrack on, should be an indicator of the kind of economic expertise deployed to oversee our recovery. The government had no objections and indeed issued a gazette for its implementation until there was a spirited backlash from the public, including Opposition parliamentarians.
The nature of the government’s relationship with the IMF is certainly our business. Its mistakes, when meekly accepted by our governments, are eventually borne by us. Therefore, we need the negotiating teams of our government to be well-informed, self-confident men and women, not mice. If our government agrees to conditions without adequate forethought, the elites negotiating for the government are unlikely to suffer the consequences. They will simply pass it on to the majority of Sri Lankan citizens. Right now, it does look as if we have deployed mice, to the barely concealed disdain of foreign and local experts.
Elect wisely
The civil society discussions and seminars on the debt crisis such as the ones mentioned, and other interventions by local experts in the media, indicate that the perspective on the global financial system on the part of the governing elite is critical.
If the governing elite is intimidated by the hegemonic system and disinclined to or lack the courage to challenge the shortcomings of it, its institutions, its products and assessment of its personnel, we as citizens will pay.
It is imperative that as a nation in default, our elites have the imagination and the courage to think creatively, gather support from sympathetic, experienced international experts (like Prof Manuel Guzman, former Finance Minister of Argentina) and present a stronger, more favourable case.
Jayati Ghosh repeatedly advised that it is foolish to accept that “there is no alternative” to the proffered IMF programme or even to what the private creditors may be willing to offer. Scholars such as her who are now working with the world community to make the changes to the system, provide evidence that there is much that needs to change. They say Sri Lanka is in a good position to demand those changes and to negotiate a good deal for its citizens.
Since it’s election year, who and which group of politicians are more likely to re-evaluate the international system and ensure we are treated fairly? Which group regards the status quo as sacred, and invokes TINA (Maggie Thatcher’s “there is no alternative”) most regularly? Certainly, this government does. Its negotiators have also agreed to secrecy terms with the creditors, which prevents anyone from figuring out if the best deal is being negotiated for us. While they negotiate in the dark, we pay in plenty in the cold light of day.
But we need to ask this about the governments-in-waiting, too. Some in the Opposition think that the suggestion that one of the causes of the debt crises in non-Western states is the dumping of dollars in newly emerging markets, is a “conspiracy theory”. Fair enough, since it is during their time in power that most of the ISB dollar debt was obtained. However, when in office, had it regarded the private money markets with a little more skepticism if not downright suspicion, we may not have such a huge debt burden.
Sri Lanka has had the experience of successfully challenging the received wisdom with regard to the international system and winning the day, even at the UN. When it works in the interest of the country with good men and women, it can achieve much. And yet, even after that victory, a different Government, and different men and women capitulated at the UN with joint resolutions detrimental to the country, without offering any challenge whatsoever; and not making the effort to negotiate a fair position for all concerned. The men and women we choose to govern us will dictate our fate for years to come. In some cases, the agreements they bind us to may have very long-lasting deleterious consequences.
We need to choose wisely. The politicians need to make the effort to take enlightened positions. In this day and age, things are not so technical that an expert cannot be found who explains it clearly, lucidly. The people will strive to understand and make the choices accordingly. The more enlightened the legislator, the better they would discern the information they are given.
Debtor Coalitions
Prof Jayati Ghosh suggested that Sri Lanka’s best chance is building ‘debtor country coalitions’ in order to negotiate from strength. Some have already negotiated with brilliant results, obtaining 50% haircuts on their debts. This was confirmed at the Yukthi seminar by Finance Minister of Argentina, Manuel Guzman who negotiated his country’s foreign debt restructuring. By contrast, our government is apparently happy with 7%!
Dumping dollars cheaply in the emerging markets made our imports cheaper than manufacturing at home, Jayati Ghosh explains. Having made it so, the people are blamed for living beyond their means. The management of the national budget is in the hands of our legislature and the bureaucrats who advise them. They need to find the best strategies to reverse their own errors. Talking to other countries who have successfully managed the crises will throw up some valuable ideas for consideration.
The experts suggested that Sri Lanka can utilize local laws in creditor countries which protect debtors from unfair deals, such as in Germany (a creditor country of Sri Lanka), to get a better deal. This was suggested because, obviously, we have not done so already.
Prof Ghosh pointed out that there is a debtor conference in Spain next year and urged Sri Lanka to use the opportunity to present an effective case for a fair deal, together with a like-minded group of debtor countries. There is no better opportunity, and Sri Lanka is well placed to take advantage of this, she advised.
She was also firmly of the opinion that Sri Lanka’s solution was not to constrict the economy and the purchasing power of the people, but to “grow out of the crisis”.
With all these experts, who do give a damn about people like us who are being put through the ringer, why isn’t our own government doing better? We ought to be grateful to those who took it upon themselves to educate the Sri Lankan public in what was considered “too technical”, through shining a light on the crisis, its origins and purported solutions, so that we may be able to play a role in our own destiny. And that would be by challenging our governing elites on their lies, compelling our leaders to do better by us, and electing those who would be relatively more capable of standing up successfully for our interests.
Features
People’s mandate and judicial legitimacy
Sri Lanka is witnessing the dismantling of the culture of impunity that dominated public life for decades. This is happening through the courts, police investigations and legal process. It is not an easy task and requires strong leadership as it is generating strong resistance. The ongoing revelations about the nexus between politicians, including those at the highest levels, and criminal networks show that the government’s electoral mandate with regard to corruption and crime is now being translated into action through the legal system. The vote of the people at the last national elections was for a corruption free country and an end to the climate of impunity that had prevailed for decades. They voted for a system change that would replace impunity with accountability under the rule of law. They expected those who had looted the country and brought it to the point of bankruptcy to be held accountable through the due process of law.
The cases that are being investigated by the police, in tandem with the Attorney General’s Department, and adjudicated by the judiciary are based on hard evidence. Much of the evidence that is now receiving publicity had been available several years ago and had even entered the legal process. In the past those cases failed to reach fruition. Investigations lost momentum, prosecutions failed to marshal the available evidence and many cases were dismissed, some on technical grounds. Between 2019 and 2024, a total of 102 cases were withdrawn from the courts by the government authorities. The public knew, or strongly believed, that corruption and serious crimes had taken place. The inability to establish wrongdoing before a court of law and hold those responsible accountable created a climate in which political power appeared to provide protection from legal accountability.
A countrywide study titled Factors Guiding Voter Preference in Elections in Sri Lanka was commissioned by the National Peace Council prior to the 2024 elections under the European Union funded project Active Citizens for Elections and Democracy and conducted by researchers Dr Mahesh Senanayake and Ms Crishni Silva of the University of Colombo. It found overwhelming public support for accountability and good governance. While 93 percent of respondents identified resolving the economic crisis as their foremost electoral concern, an equally striking 83 percent said they prioritised candidates committed to fighting corruption. The mandate given to the government can, therefore, be interpreted to mean to restore integrity to public life and end the long standing culture of impunity.
Different Approach
Today, it can be seen that the police, the Commission to Investigate Allegations of Bribery or Corruption, the Attorney General’s Department and the judiciary are approaching matters of impunity in respect of corruption and crime in a manner that is markedly different from the past. Several persons who formerly occupied high office have now been subjected to due legal process and, in a number of cases, convicted after judicial scrutiny at different levels of the court system. This is an important difference from earlier years when cases involving politically prominent persons frequently failed to proceed or collapsed before reaching their conclusion. The strength of the present accountability process lies not only in the convictions that have been secured but also in the growing public confidence that no one is above the law. It is in this context that reports of a government proposal to extend by two years the retirement age of judges of the Supreme Court and the Court of Appeal have generated support from those who wish to see the present accountability process continue and opposition from those who see it as an attempt to influence the judiciary.
Many countries have increased judicial retirement ages in recognition of longer life expectancy and the value of retaining experienced judges. This has not only been limited to the judiciary but also the academia and the public service. However, the controversy in Sri Lanka is due to the context and as the proposal for an extension of the period of service of judges of the superior courts comes at a time when the courts are hearing politically significant corruption and criminal cases. The Bar Association of Sri Lanka has taken the lead in questioning the proposed constitutional amendment. The BASL has stated that it “notes with grave concern” reports that the government is considering increasing the retirement age of judges of the Supreme Court and the Court of Appeal. It has warned that extending the tenure of sitting judges at this point of time is likely to be viewed by the public as an attempt to interfere with the independence of the judiciary.
The main issue raised by the BASL is therefore one of preserving public confidence in the administration of justice. A discussion organised by the BASL also highlighted that this issue has implications beyond Sri Lanka. Representatives of the Commonwealth Lawyers Association and LAWASIA acknowledged that many countries have increased the retirement age of judges in recognition of greater life expectancy and the value of retaining experienced judges. Their concern was not with increasing the retirement age itself but with changing the tenure of sitting judges while politically significant corruption cases are before the courts. In such circumstances, even well intentioned reform could create a public perception that the judiciary is being influenced to take forward the government’s mandate in a partisan manner.
Maintain Confidence
The challenge before the government is to preserve two equally important objectives. The first is to continue implementing the people’s mandate to hold the corrupt and those responsible for grave crimes accountable before the law. The second is to ensure that nothing is done which could diminish public confidence in the independence and impartiality of the judiciary that is entrusted with carrying out that responsibility. The strength of the present accountability process lies in the confidence it has generated among the public that investigations, prosecutions and judicial decisions are being made according to law as in the convictions that have been secured. Sri Lanka has come a long way from the days when politically sensitive cases rarely reached a successful conclusion. It would be unfortunate if doubts regarding the independence of the judiciary were to overshadow what has otherwise been a significant institutional achievement.
In the face of the concerns expressed by the BASL, opposition political parties and international legal organisations, it would be prudent for the government to widen the discussion on the proposed amendment. If there is a compelling case to increase the retirement age of judges of the superior courts, that case should be placed before the public and parliament and debated openly. Such a constitutional amendment should not rest solely on the government’s parliamentary majority, even if it has the numbers to secure its passage. Simply utilising the numbers that the government on its own to make changes to the constitution will not increase its legitimacy or credibility. Those values will be strengthened if they were preceded by public consultation and supported across party lines in Parliament. Bipartisan political support can be expected from those in the opposition, of whom there are many, who have shown an inclination to practice responsible politics in the national interest.
The people voted not only to change a government but to change a system. They expected those who abused public trust to be held accountable through institutions that commanded public confidence. That expectation is beginning to be fulfilled. It should not be placed at risk by constitutional change that lacks broad public acceptance. If the government believes there is a compelling case to extend the retirement age of the judges of the superior courts, it should first make that case to the people and seek bipartisan support in Parliament with those in the opposition who are also sincere about anti-corruption and good governance. The challenge is to protect the independence of the judiciary while ensuring that no one is above the law. Overcoming this challenge is the surest way to make Sri Lanka’s transition from a culture of impunity to one of accountability a lasting one.
by Jehan Perera
Features
Intelligence-led governance: the strategic path to a sovereign nation
In an increasingly volatile and interconnected world, the strength of a nation is no longer determined solely by the size of its military, the abundance of its natural resources, or the growth of its economy. The true measure of national strength lies in the resilience of its institutions, the confidence of its people, the effectiveness of its governance, and its ability to anticipate and respond to emerging challenges before they become national crises.
The twenty-first century has introduced a security landscape that is far more complex than ever before. Nations today confront not only conventional military threats but also terrorism, organised crime, cyber-attacks, economic instability, disinformation, climate change, pandemics, energy insecurity, irregular migration, financial crimes, and geopolitical competition. These challenges are interconnected and demand integrated responses rather than isolated solutions.
To navigate this evolving environment successfully, every nation requires a shared strategic vision supported by strong institutions working in harmony. At the centre of this vision should be a modern, professional, and intelligence-led system of governance that enables informed decision-making, protects democratic values, and promotes sustainable national development.
A Shared Strategic Vision
Every successful nation should aspire towards a common national vision:
A Sovereign Nation Happy People Peaceful Society Prosperous Economy A Respected Global Partner
These are not independent aspirations but interconnected national outcomes. Achieving them requires every State institution to work collectively under a common strategic framework rather than as isolated entities pursuing individual objectives.
A sovereign nation is one that possesses not only secure borders but also strong institutions, economic resilience, social cohesion, and the confidence to make independent national decisions. Sovereignty today extends beyond territorial integrity to include economic security, cyber resilience, energy security, food security, environmental sustainability, and protection against external influence.
Good Governance: The Cornerstone
The foundation of every successful nation is good governance.
Transparency, accountability, integrity, professionalism, and efficient public administration create an environment where citizens trust their institutions and investors have confidence in the country’s future. Corruption, political interference, inefficiency, and weak institutions undermine national resilience and weaken sovereignty from within.
Good governance is not merely an administrative principle; it is a national security imperative.
When public institutions function efficiently, public services improve, economic opportunities expand, and social grievances diminish. This reduces vulnerabilities that extremist groups, organised criminals, and foreign actors often exploit.
The Rule of Law and Judicial Independence
An independent judiciary is one of the strongest pillars of democracy.
Justice must be administered impartially and without fear or favour. Citizens must have confidence that the law applies equally to everyone, regardless of social status or political influence.
Judicial independence strengthens public confidence, attracts foreign investment, and reinforces national stability. Investors are more likely to invest in countries where contracts are enforceable, disputes are resolved fairly, and property rights are protected.
Likewise, professional law enforcement agencies play a vital role in safeguarding public order. Intelligence-led policing, supported by modern investigative techniques, community engagement, and technological innovation, enables law enforcement to prevent crime rather than merely react to it.
Human Rights: A Strategic Asset
There is often a misconception that national security and human rights exist in opposition. In reality, they reinforce one another.
Respect for human dignity, equality before the law, freedom of expression, religious freedom, and constitutional rights strengthens national unity and social cohesion. Citizens who trust their institutions are more willing to cooperate with authorities, report suspicious activities, and participate in community safety initiatives.
Communities become the first line of defence against extremism, organised crime, and social unrest when mutual trust exists between citizens and the State.
Human rights should therefore be viewed not as obstacles to security but as essential components of sustainable national security.
Intelligence: The Strategic Nerve Centre
At the heart of modern governance lies an effective national intelligence network.
Traditionally, intelligence was associated primarily with military operations and counter-terrorism. Today, its responsibilities extend much further.
Modern intelligence supports political leadership by providing timely, accurate, objective, and actionable information that enables informed decision-making. It anticipates threats, identifies opportunities, and supports strategic planning across all sectors of government.
An effective intelligence system should be:
* Predictive rather than reactive.
* Preventive rather than investigative alone.
* Integrated rather than fragmented.
* Technology-driven rather than paper-based.
* People-centred rather than institution-centred.
Artificial intelligence, big data analytics, cyber intelligence, financial intelligence, geospatial intelligence, satellite imagery, behavioural analysis, digital forensics, and open-source intelligence are transforming the intelligence profession worldwide.
Countries that fail to modernise their intelligence capabilities risk strategic surprise and reduced competitiveness in an increasingly data-driven world.
Intelligence Beyond National Security
Modern intelligence should no longer be confined to counter-terrorism or espionage.
Its role should extend to supporting national development through the protection of critical infrastructure, monitoring economic trends, securing supply chains, safeguarding maritime interests, protecting natural resources, and assessing climate-related risks.
Intelligence should assist policymakers in areas such as:
* Economic planning
* Public health preparedness
* Disaster risk reduction
* Cybersecurity
* Energy security
* Food security
* Environmental protection
* Artificial intelligence governance
* Foreign policy
* Investment protection
An intelligence-led government anticipates future challenges instead of merely responding after crises emerge.
Whole-of-Government Cooperation
One of the greatest weaknesses in many developing nations is institutional fragmentation.
Government agencies often collect valuable information independently but fail to share it effectively. This creates duplication, delays, and missed opportunities.
A National Intelligence Fusion Centre should integrate information from intelligence services, police, armed forces, immigration, customs, financial intelligence units, cyber security agencies, disaster management authorities, health services, and environmental agencies.
Such integration provides decision-makers with a comprehensive national picture and significantly improves crisis management and strategic planning.
Economic Prosperity Through Security
Economic development depends fundamentally upon stability.
Foreign investors seek countries where governance is predictable, corruption is controlled, contracts are enforceable, infrastructure is secure, and political stability is maintained.
An effective intelligence system quietly protects these conditions by identifying threats to investment, monitoring organised crime, preventing financial fraud, protecting critical infrastructure, and safeguarding strategic industries.
Security and economic development are therefore mutually reinforcing.
Investment creates employment.
Employment reduces poverty.
Reduced poverty strengthens social stability.
Social stability reinforces national security.
International Partnerships
No nation can successfully confront modern threats alone.
Transnational organised crime, cybercrime, narcotics trafficking, terrorism, money laundering, illegal migration, and environmental crimes operate across borders.
Regional and global intelligence cooperation has therefore become indispensable.
Information sharing, joint investigations, coordinated maritime surveillance, and collaborative cyber defence significantly enhance national capabilities while strengthening diplomatic relationships.
Strong intelligence supports effective diplomacy.
Effective diplomacy enhances trade, investment, tourism, education, and technological cooperation.
Ultimately, international confidence contributes directly to national prosperity.
The Relationship Between National Stakeholders
National success depends upon collaboration among all stakeholders.
Government provides leadership and policy direction.
The judiciary safeguards justice.
Law enforcement protects public safety.
The intelligence community provides foresight and early warning.
Civil society strengthens social cohesion.
Educational institutions develop future leaders.
The private sector generates investment and innovation.
International partners facilitate trade, cooperation, and knowledge sharing.
Citizens themselves remain the most important stakeholders.
When these institutions operate with mutual trust, shared objectives, and effective coordination, they create a resilient State capable of responding confidently to both domestic and international challenges.
The Strategic Path Forward
Every nation requires a long-term vision rather than short-term political agendas.
That vision should place national interest above partisan interests and institutional collaboration above bureaucratic competition.
The pathway is straightforward:
Good Governance Independent Judiciary Professional Law Enforcement Protection of Human Rights Effective National Intelligence Network Political Stability Investor Confidence Economic Growth Foreign Direct Investment Peaceful Society Happy People A Sovereign Nation
This strategic chain demonstrates that sovereignty is not achieved through military strength alone. It is the cumulative outcome of good governance, justice, intelligence, economic resilience, and public confidence.
The future belongs to nations that can anticipate change, adapt rapidly, and make informed strategic decisions. Intelligence must therefore evolve from being viewed solely as a security function to becoming a central pillar of national governance and development.
A modern intelligence network should serve as the strategic nervous system of the State—connecting governance with justice, justice with security, security with economic prosperity, and prosperity with international respect.
A sovereign nation is ultimately one where institutions are trusted, citizens are protected, rights are respected, opportunities are created, and decisions are guided by knowledge rather than assumption. When all stakeholders work in harmony under a shared strategic vision, the result is a nation that is secure, prosperous, peaceful, and respected on the global stage.
The challenge before every developing nation is therefore not simply to strengthen its security apparatus but to embrace Intelligence-Led Governance as a national philosophy—one that integrates good governance, rule of law, human rights, innovation, and strategic foresight into a unified framework for sustainable national development. Such a vision will not only safeguard sovereignty but also ensure that future generations inherit a nation defined by stability, prosperity, and enduring peace
By Mahil Dole, SSP (Rtd.)
Features
The perfect victim: How institutions respond
It has been almost two months since the judgement of Abeyasinghe v Tilakaratne and others by the Supreme Court. Since then, I have often been asked a simple question, which I, too, have asked myself. “Has anything actually changed?” My answer is both yes and no. Judgements can uphold the law, direct institutions and clarify principles. But they cannot, by themselves, change cultures.
I shall take the liberty of writing this piece because, in the weeks following the judgment, I have found myself reflecting less on the outcome of the case and more on what it reveals about our institutions. Yet institutions do not change simply because a court has spoken. They change only when they are willing to question long-held assumptions, reflect honestly on their procedures and practices, learn from their shortcomings and act decisively to foster a culture that places accountability at its centre.
The myth of the perfect victim
One such assumption is about the conduct of the Ideal or Perfect victim. The concept of the “ideal victim” was first articulated by the Norwegian criminologist Nils Christie in 1986. Interestingly, Christie was not concerned with identifying those most likely to become victims of crime. Instead, his question was who is most readily recognised and accepted by society as a “real” victim? Society is often more willing to extend sympathy and credibility to victims who fit a particular stereotype. According to Christie, the “ideal victim” is someone perceived to be weak and vulnerable, engaged in a respectable activity, in a place where they have every right to be, harmed by someone clearly viewed as “big” or “bad,” and, importantly, a stranger rather than someone they know. These characteristics continue to influence how victims are perceived today. Although we may not consciously apply such criteria, they often shape our instinctive judgments about who deserves to be believed.
In the context of sexual violence within universities, the assumptions surrounding the ideal victim quickly begin to unravel. Power relationships within universities are often complex, and professional relationships may have existed before the misconduct. The alleged perpetrator may not be a stranger but a lecturer, supervisor, colleague, or fellow student. The complainant may continue interacting with the alleged perpetrator because academic progression or employment leaves little choice. When a victim does not fit the mould of the “perfect victim,” attention shifts away from the conduct of the alleged perpetrator and towards the conduct of the complainant.
What should be kept in mind is that victims respond to trauma differently. Some report immediately; many do not. Some become emotional; others appear composed. Some resign from their workplace, while others continue to work because they have no realistic alternative or because they wish to confront the violence head on. Some preserve every piece of evidence; others delete messages simply because they cannot bear to see them again. Yet these perfectly human responses are often interpreted as reasons to doubt credibility.
Universities provide a particularly complex setting for this phenomenon. Most complainants do not initially seek justice. More often, they simply want the harassment to stop so that they can continue their education or employment in an environment where they feel safe. Sometimes victims make anonymous complaints, not because they wish to avoid accountability, but because anonymity provides the only sense of security they have. During preliminary inquiries/ fact finding processes, confidentiality can often be maintained. However, if the matter proceeds to a formal disciplinary process, complainants are usually required to reveal their identities. It is at this point that many decide not to proceed further, not because the harassment did not occur, but because the personal cost of pursuing justice becomes overwhelming.
Perhaps this should prompt us to ask a different question. Instead of asking why anonymous complaints exist or why complainants don’t come forward (sooner), should we not ask why so many complainants feel unsafe engaging with the institutional process?
The subject of scrutiny
When survivors do come forward, they frequently encounter another familiar phenomenon, victim blaming.
“Why didn’t you complain earlier?”
“Why didn’t you go to the police?”
“If you were sexually harassed, why are you still working there?”
“Why did you continue interacting with him?”
“The reason this happened is because you showed positivity towards him.”
“There is no smoke without fire.”
Although these questions appear different, they have something in common. They all examine the behaviour of the complainant. Very few begin by asking why the alleged perpetrator behaved in the way described. The familiar proverb, “There is no smoke without fire,” is often used to suggest that the complainant must have done something to invite the misconduct. Yet perhaps we have misunderstood where the fire lies. The fire is not the complainant’s behaviour. The fire is the conduct of the alleged perpetrator. The complaint is the smoke that finally becomes visible.
These responses also reveal another contradiction. If a victim complains immediately, some might question their motives. If they delay, the delay becomes the issue. If they resign, they may be described as unstable or unable to cope. If they remain in employment, their continued presence is taken as evidence that the misconduct could not have been serious or that it never had happened. If they show emotion, they risk being dismissed as irrational. If they remain composed, they may be accused of exaggerating. In truth, there is often no version of events in which a complainant can satisfy every expectation placed upon them. If our systems only work for the “perfect victim,” then they were never truly designed for victims at all.
The silence that speaks
The recent judgment also prompted me to reflect on another aspect of institutional culture, silence. Within academia, even discussing judgments concerning one’s own institution may be framed as bringing the institution into disrepute. Such framing places academics in an impossible position. Those who speak are sometimes portrayed as being disloyal or as failing to respect the institution they serve. Yet genuine respect for an institution should not require silence in the face of injustice. Universities are places that encourage academic freedom, critical inquiry, evidence-based reasoning, and intellectual debate. They should, therefore, be places where uncomfortable conversations are not avoided but embraced.
The relative silence surrounding the judgment in academia raises important questions. Does silence reflect satisfaction that justice has been served? Does it reflect concern about damaging the reputation of one’s university? Does it reflect uncertainty about whether difficult institutional conversations are welcome? Or does it reflect a real or perceived fear of professional consequences for speaking openly? These are questions that deserve thoughtful reflection.
Post judgement reflections
At the same time, my experience in the weeks following the judgment has also been one of hope. Individuals who have experienced different forms of abuse have quietly come forward to share their own stories with me. Some have sought legal advice. Others have simply wanted someone to listen. Their experiences remind me that judgments do more than resolve disputes between parties. They send messages to those who have remained silent, that seeking justice remains possible. Perhaps that is one answer to the question I posed at the beginning of this article. Has anything actually changed? For some victims, I believe the answer is yes. A judgement can restore hope and encourage those who had previously felt that their voices would never be heard.
Yet judgments alone cannot erase trauma, restore lost years, or undo the personal and professional consequences that many victims endure. Courts can interpret the law, but they cannot, by themselves, transform institutional culture. Culture changes only when institutions and university communities are willing to learn from judgments rather than merely comply with them. It changes when realities of power imbalances are recognised, when credibility is assessed through evidence rather than stereotypes, and when the question “Why did the victim not come forward sooner?” is replaced with “What conditions made it so difficult for the victim to come forward?” Ultimately, the true value of a judgement lies not only in the orders it makes, but also in the conversations it inspires and the institutional self-reflection it demands. Whether anything truly changes will not depend on the judgement itself, but on whether institutions have the courage to learn from them.
(Udari Abeyasinghe is attached to the Faculty of Dental Sciences at the University of Peradeniya)
Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.
by Udari Abeyasinghe
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News5 days agoSLAF conducts successful rescue mission under UN command in Central African Republic
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Midweek Review7 days agoH’tota port’s strategic status remains focal point of geopolitical scrutiny
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News2 days agoAI concerned over proposed SL military deployment in Haiti
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News4 days agoUNEP support pledged to strengthen Sri Lanka’s Environmental Priorities
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Features3 days agoThe NPP’s New Challenge: Balancing Easter Lawfare and Economic Welfare
