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Passage of 20A:

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Auspicious prelude to creation of a New Constitution

By Rohana R. Wasala

The Sinhalese in independent Sri Lanka have been nationalistic, but never narrowly communalistic; they have never illtreated non-Sinhala minorities on the basis of race or religion. Those who are wallowing in a sea of misinformation having been swept there by tides of hostile propaganda over the decades, may bristle at this, but the truth must be stated. The nationalism of the Sinhalese is not a construct of the last colonial era. Contrary to what Eurocentric theorists, their local clones, imperialist lackeys and their modern dupes believe, it is an inclusive nationalism. In their long history, the nationalism of the Sinhalese has been synonymous with patriotism or the love of their country, their island homeland. The JVP of 1971 and 1987-89 shed blood in the name of the country, not in the name of a race or a religion unlike respectively the defeated LTTE and the recent NTJ. To point this out is not being communalistic; it is only reacting to a false criticism. The racists and the extremists among the minorities raise false allegations of communalism against the majority community to justify their own communalism.

Today, even a section of the Sinhalese polity, including some young members of the FB generation, seem to think that to be a nationalist is the same as being a racist. That misconception is largely because they are not well enough informed about their own true history and truly admirable, multifaceted heritage, a legacy that is enjoyed by all communities in common: the still functional parts of the ancient hydraulic system, archaeological remains that attract foreign tourists and earn foreign exchange for the public coffers,and many other treasures. But anti-national individuals and agencies still censor Anagarika Dharmapala, the pioneer national revivalist of the colonial era, as a hate figure for ideologically rekindling, around the beginning of the 20th century, the nationalist spirit of the patriotic Sinhalese that had been choked in the course of a number of popular uprisings by force of arms by colonial invaders following the 1815 British intrigue. All the Sinhalese leaders who caused the 1948, 1956, 1972, 2009, and 2019 restorative revolutionary watersheds to happen were inspired by Dharmapala and were opposed by the real racists and received little support from non-Buddhist religious extremists. 

The ‘divide and rule’ policy of the British imperialists was naturally to the greater disadvantage of the majority community than to the minorities, who in fact stood to gain from it. The British exploited the minorities to weaken the historical defenders of the land. It may be plausibly argued that they used them as tacit allies to restrain the Sinhalese from rebellion, in return for privileged treatment (although this was limited to an elite that politically mattered to them, while the majority of the dispossessed mixed masses consisting of common Sinhalese, Tamils and Muslims shared the rigours of colonial exploitation without discrimination). 

Particularly, the racist leaders of the Tamil minority feared that a parliamentary system of government where the Sinhalese would hold power because of their numerical superiority would mean a loss of their privileged status (hence the notorious 50-50 seat allocation demand of G.G. Ponnambalam which was contemptuously rejected by the Soulbury Commissioners in 1946. All the overtures that Sinhalese leaders, from D.S. Senanayake to Gotabaya Rajapaksa, made to the few but powerful racists (among the minority politicians) who somehow manage to hoodwink their people and persuade them to vote for them have failed to convince them to cooperate wholeheartedly with the majority in making unitary Sri Lanka a strong sovereign state where they harbour equal stakes and enjoy equal rights and share equal responsibilities. 

The false allegation of Sinhala communalism finds a convenient platform in the demand for the constitutional emasculation of the institution of the executive presidency (if complete abolition is not possible). This is because it is usually a Sinhalese who stands a chance of getting elected as president by the pan-Sri Lanka electorate. These minority politicians (the extremist few, not all minority politicians) propagate the idea that all Sinhalese are communalists, and that every president will be biased against their people.  But this is a fallacy. Though, at present, there is no likelihood of a minority politician becoming president because the minority polities are still mostly under the sway of racists and religious extremists, it is not an impossibility. If the non-racist, non-extremist politicians that there are among them are allowed to emerge dominant, they certainly will find more favour with the average Sinhalese voters than a conceited Premadasa or a clueless Sirisena, and a correspondingly modest and knowledgeable Tamil or Muslim president will no longer be just a dream.  There are many examples from the past to illustrate the possibility of such an eventuality, but this is not the time for dwelling on the subject.

 

Unwarranted dilution of the powers of the executive presidency was what was achieved by the controversial 19A, which, effectively divided people’s sovereign power between the President, the Prime Minister and the Speaker. It was a three-headed monster, as a government minister recently said. As a result of it the sovereign people had to put up with a severely dysfunctional parliament that brought disaster to the country for an interminable four and a half years before it was finally dissolved by the President and a fresh Parliament elected.  The potential for the continuation of such a corrupt malfunctioning parliament is greater when the executive power of the President to dissolve it is curtailed or is completely taken away. That provides a situation open to exploitation by the Rishads and Hakeems of this world.

The Island

editorial/October 20, 2020 made the following comment, which suggests the despicable way they are ready to cock a snook at the sovereignty of the people: 

‘Bathiudeen brought down the hurriedly formed Sirisena-Rajapaksa government, in 2018, by refusing to vote with it in Parliament. That administration crashed, unable to raise a simple majority in the House. This time around, Bathiudeen can give the present regime the kiss of death by voting for the 20A. If he and his four MPs vote for 20A, as expected, those who claim that he and the government have struck a secret deal will be vindicated. The only way the government can avert such a situation is to engineer the crossover of some other Opposition MPs so that it does not have to depend on Bathiudeen…..’  

Who is this Bathiudeen? He was one of the Muslims forcibly evacuated from the North as a result of Prabhakaran’s ethnic cleansing policy. When Bathiudeen came down to Colombo he was a penniless youth with nothing but the worn out clothes on his body, it is said. Today, he is a billionaire with palatial houses here and there, and thousands of acres of land in his possession, with some more lands given to his relatives. He was able to help himself to such great wealth and also indulge in philanthropy at the expense of the state  because he became a politician and managed to join the winning side continuously from the previous MR government to the end of Yahapalanaya, and battened on the suffering of the fellow members of his own displaced community. During the near decade in power, he was charged by environmental groups with the devastating deforestation of the Wilpattu forest reserve; he was  rumoured to be complicit in importing cocaine hidden among goods in CWE containers, illegally exploiting the ilmenite containing mineral sand deposits at Pulmudai for personal profits, abusing the CWE to propagate extremist Islamist ideology, and he was even accused of having connections with the Jihadists who carried out the Easter Sunday attacks on churches and hotels.  When the police finally started looking for him to arrest him on the charge of having abused state/public property by transporting by SLTB buses some 10,000 voters from their new places of residence to their old (for casting their vote a second time it was alleged in the media) on the day of the presidential election in November last year. How is it that an extremely unscrupulous, originally insignificant penurious politician has been allowed to invest himself with such power as The Island editorial has described?

This is because the minority communalists who stick that label on the majority have been empowered by the existing faulty electoral system being abused, and the majority community effectively disenfranchised in the process. Having to strike a deal with political criminals or to ‘engineer the crossover of some other Opposition MPs’ as The Island editorial suggests in order to get 20A or any other nationally important piece of legislation through parliament, is a wretched proposition for any sovereign nation even to contemplate. But, isn’t there any prospect for the nation to reverse this unfortunate self inflicted anomaly? In my opinion, there is. It is to get rid of our own fear of adopting strategies that might run the risk of being attacked as racist, Sinhala Supremacist, discriminatory towards minorities, contrary to international standards, etc. We have to learn not to give a fig to such unfounded accusations. 

At present, the Sinhalese are scrupulously guiltless in this respect. Still they are treated as if they were the worst racists, human rights violaters, xenophobes, chauvinists in the world. Sometimes their own leaders criticise them for being jaatiwadin, or racists as Premadasa and Sirisena have already done: 

Former President Sirisena was heard, at the Easter Sunday Attacks inquiry recently, referring to racists among the Sinhalese. In a Twitter message, which was only in English and Tamil, but not in Sinhala, during the presidential election campaigning period, SJB leader Premadasa charged that Muslims were subjected to discrimination at the hands of the Sinhalese! He toured the North, presumably to show the northern Tamils that he was a champion of Tamil rights. He was given a heroic welcome in Jaffna and he garnered many Tamil votes, too. But it is not that they fell for stratagems; they knew that he was ready to betray his own people for a mess of (electoral) pottage.

 

Could a person who doesn’t care about his own kind be concerned about other people? 

 

The alleged Sinhala racists are none other than the few monks and some young Sinhala activists who are merely reacting to proven cases of harassment, aggression, and subversion against them by some extremist elements from among the minorities. Considerable numbers of young Tamils and Muslims are also among their supporters. Had the successive governments taken them seriously, the slaughter of innocents on April 21 could have been avoided. They represent millions, but are they taken notice of? Are they given proper media coverage? Global media (international TV channels such as Al Jazeera, CNN, BBC, etc) broadcast distorted news about them.

There’s no place for them on the You Tube, either. 

The true situation in the country is different from what is usually reported in these media. Why did the nationalists win very nearly two thirds of parliamentary seats, with the racists and religious extremists getting fewer than what they usually win? The result surprised even the nationalists. This shows that the Sinhalese electorate can decide the future of the country by themselves. But they naturally prefer to do so with the participation of the minorities. If the Sinhalese MPs in parliament forget their partisan divisions and remember the patriotism of their ancestors who shed their blood to save their motherland for all its inhabitants, they will voluntarily help the government to muster the two thirds majority required or even more for introducing a completely new constitution when the time comes for that.

Not less than the survival of the unitary state, the nation, the dominant Buddhist culture and the island territory is at stake.  The America-led West and India seem to have found a deus ex machina opportunity to further crank up pressure on economically doddering Sri Lanka in the fast expanding mysterious Brandix Covid-19 cluster and in a court judgement given in UK that is favourable to the LTTE rump still active there: It was reported in the media on Wednesday (October 21, 2020) that UK’s Proscribed Organisations Appeal Commission has concluded that the Home Office decision to keep the LTTE  as a proscribed terrorist organisation was flawed and unlawful. So, the British parliament is likely to lift the ban on the organization in that country. Britain is one of the forty countries that proscribed the terror outfit. As far as Sri Lanka is concerned, this will make little difference to the status quo, because the UK has practically always allowed its members to behave as if there was no ban on it. 

So, all MPs in parliament, please forget your party, ethnic, religious and interpersonal differences in the name of our motherland. At the time of writing, the ad hoc 20A is to be put to the vote. It will be passed with necessary amendments. It is good if this was carried out without the government having to strike secret deals with communalists or to engineer crossovers from the Opposition (which would be a slap in the face of the voting public). The more momentous responsibility that you are going to fulfill is  to create a sound new constitution for our country that will save our nation from squabbling geopolitical powers who are promoting their own separate national interests at our expense, leaving us in perpetual political instability and endless economic misery. You Hon. MPs, especially the fresh thinking young ones, owe our resplendent island homeland  no less.

(PS: The 20A was passed in parliament with 156 voting for it and only 65 against. The votes cast in favour  exceeds the required two thirds majority by 6 votes. It is obvious that the government did not have to make undue special overtures towards Muslim MPs. There were only 6 Muslim votes but they were not critical, they were dispensable. It is clear that the Muslim MPs thrust themselves on the government side without being asked. Probably, they did this on the prior instructions of Hakeem (and Rishad as well). I think so because, about two weeks ago, Hakeem  told media men that he wouldn’t vote for 20A but that the other members of his party would probably do so. The government had better be careful: Beware of Greeks bearing gifts. Only Faustian bargains can be made with fundamentalists. No reasonable democratic dialogue is possible with Islamists. The government, it seems, was short of only 2 votes for acquiring the required number of votes, which was 150. Those two votes came from Tamil MP Aravind Kumar and SJB’s Diana Gamage. The latter violated her leader’s injunction, for which she must be praised. In my opinion, it is obvious that the former president, Sirisena, didn’t take part in the voting, not because the controversial NGO drafted and promoted 19A was passed under his presidency, but because he couldn’t any longer get associated with the hypocrisy of its defenders. 

The drafting of a completely new constitution commenced two or three weeks ago. The process will get into top gear now. The multiethnic drafting committee is headed by the renowned PC Romesh de Silva, and includes other legal luminaries such as Manohara de Silva and experts in related fields such as geologist and geopolitical analyst and commentator Prof. Gerald H. Peiris. They who love Sri Lanka as their beloved motherland can be expected to collectively produce a document that will be as much acceptable to the minorities as it is to the majority.)   



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The new doctor–patient relationship in the age of AI

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When Patients Become Partners:

 

The Waiting Room That Never Empties

Picture a government hospital outpatient department on any weekday morning. Rows of plastic chairs fill before five o’clock. A mother holds a feverish infant against her chest, a folder of lab reports on her lap. An elderly man has travelled two-six hours by bus from his village. When she finally reaches the doctor, perhaps after three hours of waiting, the consultation lasts 2-4 minutes. A prescription is written in a hand that only the pharmacist has any hope of deciphering.

This is not a story of negligent unempathetic doctors. Most of those doctors are exhausted, processing 60 or 70 patients before lunch, doing the rough arithmetic of a system stretched well beyond its seams. Some patients jokingly compare busy clinics to a skilled coconut plucker moving rapidly from one tree to the next—not because doctors lack compassion, but because the system often leaves them little time to pause. In the private sector, the metaphor shiftsbut only in its economics, not its pace. There, the imperative is to climb as many coconut trees as possible. What changes is who bears the cost of the hurry.

A legacy worth defending

Sri Lanka’s public health record is, by any regional measure, something to be proud of. Free healthcare at the point of delivery, a maternal/infant mortality rate that rivals middle-income countries far wealthier than us, these are not accidents. They are the product of generations of political will, professional dedication, and the idea that good health is a right, not a privilege.

The economic crisis of recent years sent a wave of trained doctors and nurses toward the Gulf, Australia, Canada and the United Kingdom. Specialists, who took a decade to train, departed within months. Meanwhile, the cost of private consultations has climbed beyond the reach of ordinary families, pushing them back toward an overstretched public system, or toward no professional care at all.

Patients who did their homework

Something else has changed, and it has changed faster than the system expected. The patient sitting across from the doctor today is not the patient of 10 years ago. She may have spent the previous evening consulting reputable online health resources or AI assistants, such as ChatGPT, to better understand her symptoms. He may have photographed his blood test results and run them through an AI tool that flagged an anomaly before the doctor mentioned it. They arrive with questions, about what additional tests are necessary for further diagnosis, about whether a test is strictly necessary, about what a particular reading on their lipid panel actually means for their life, especially when their life-styles are different. This is what educated, anxious human beings do when something threatens their health. The information age did not ask permission. It simply arrived.

The response from some doctors has been impatience, the feeling that an informed patient is a difficult patient. But the more productive response, increasingly voiced by thoughtful practitioners, is to see this shift as an opportunity. An informed patient is an engaged patient. An engaged patient is more likely to follow a treatment plan, more likely to return for follow-up, more likely to catch an error.

Authority to partnership

The old model of medicine was hierarchical by design. The doctor knew; the patient obeyed. That model had its logic, in an era when the knowledge gap between professional and layperson was absolute. That gap has not closed, but it has narrowed leading to a partnership.

There are doctors in Sri Lanka who already practise this way: arriving on time, spent 15-30 minutes with patients, contactable over the phone specially after a difficult procedure, for communicating plainly and without condescension. They are proof that the ideal is not utopian. It is achievable, which means the question is how to make it the norm rather than the exception.

Smarter, Not Harder

This is where technology enters, not as a replacement for clinical judgment but as a tool for reducing the friction that currently exhausts both doctor and patient.

Take the laboratory report cycle. A patient visits the doctor, is sent for tests, and a second appointment is required. A patient who arrives having already run those results through an AI-assisted tool is not trying to bypass clinical judgment or sidestep any genuine treatment decision. They are trying to eliminate a visit if they “know” that sole purpose is simply for an interpretation of the lab results. That second visit consumes time, money, efforts and transport. AI-assisted interpretation tools, not diagnostic systems, but educational ones, can give a patient a plain-language summary of their results (sometimes using Sherlock Holms’s theory of process of elimination to narrow down the possible causes) before they even walk into the consulting room. The doctor’s time is then spent on clinical decision-making, not on explaining what a haemoglobin or platelets count is.

Then there is the prescription. Illegible handwriting on a small slip of paper has long been a quiet patient safety hazard, and it is worth noting that AI tools have already begun helping patients and pharmacists decode what was written. But digital prescriptions go a step further: they eliminate the ambiguity entirely, and allow a patient to scan what they have been given, learn the name of each drug, understand what it does, and be alert to any side effects. This is not a challenge to the doctor’s authority. And when a patient discovers in the process that an approved generic equivalent costs a fraction of the branded price, they are empowered, not endangered.

Telemedicine, which got a reluctant push during the pandemic and has since retreated in public imagination, deserves a second look. Follow-up consultations for stable chronic conditions, blood pressure reviews, diabetes management, post-operative monitoring, need not always require a physical journey. The technology exists. The will to use it more widely is what remains to be mobilised.

Wisdom in herb garden

No conversation about healthcare in Sri Lanka is complete without acknowledging the parallel system that millions of people have never abandoned: traditional Hela medicine. Ayurveda, Siddha, Unani, and the vast informal knowledge embedded in village practice, these are not simply alternatives to modern medicine. For many Sri Lankans, they are the first resort.

The relationship between indigenous knowledge and scientific medicine has too often been one of mutual suspicion. Modern practitioners dismiss traditional remedies as unproven; traditional practitioners regard clinical trials as a foreign imposition. Neither position is adequate.

Consider Heen Bovitiya — known to botanists as Osbeckia octandra and to generations of Sri Lankan grandmothers as a trusted remedy for liver complaints and jaundice. Serious liver disease remains one of the conditions for which Western medicine offers no easy answer: its definitive treatment is a transplant — costly, risky, and followed by a lifetime of expensive immunosuppressant medication. Against that reality, a plant with pre-clinical evidence of hepatoprotective and anti-inflammatory properties is not a curiosity. It is a serious research priority. The studies so far are promising. They are also, as yet, large-scale clinical trials in humans have not been conducted, and questions of optimal dosage, mechanism of action, and drug interactions remain open.

The honest position is neither to dismiss the remedy nor to prescribe it uncritically. It is to say: this is a serious candidate for rigorous investigation, and Sri Lanka, which grows the plant, knows its traditional uses, and has the academic institutions to study it, is precisely the right place to conduct that research. AI tools that can process vast pharmacological datasets may accelerate that work considerably.

The future of healthcare should not be a competition between Western and indigenous medicine, but a commitment to evaluating all treatments by the same standards of safety, effectiveness, and quality.

Future Is Not a Machine. It Is a Better Conversation.

The fear that artificial intelligence will replace doctors is, at this stage, a distraction from the more important question. AI cannot examine a patient. It cannot feel the anxiety in a room. What it can do is handle the transactional, the look-up, the summary, the cross-reference, so that the human part of medicine can breathe.

The future worth working toward is not AI versus doctors. It is AI and doctors and informed patients, each contributing what they do best. The doctor could bring clinical expertise and the irreplaceable capacity for compassion. The patient brings self-knowledge, lived experience, and, increasingly, preparation. The technology brings tireless availability and pattern recognition at scale.

What we measure matters. A consulting room’s success should not be counted in patients seen per hour. It should be counted in patients who leave feeling informed about their condition, respected as partners in their own care, reassured that someone is genuinely attending to them, and confident about what to do next.

The Thing Patients Remember

There is a truth that experienced nurses know, that the best doctors quietly understand, and that patient experience research consistently confirms: patients may forget the prescriptions. They may forget the name of the drug, the dosage, even the diagnosis. But they rarely forget how they were treated, pleasant or rude.

They remember the doctor who looked up from the desk. The one who said, “That’s a good question.” The one who spent two extra minutes to listen, drawing a small diagram to explain where the problem was. They remember being seen, not just examined, but truly seen, as a person rather than a case number.

Sri Lanka has those doctors and nurses, in every district, in every ward, working against the odds. The task now is to build a system worthy of them, and of the patients who place their lives, without much choice in the matter, in their hands.

Technology may transform medicine. Artificial intelligence may transform diagnosis. Digital health may transform hospitals. But trust will always define healing.

(The writer, a senior Chartered Accountant and professional banker, is Professor at SLIIT, Malabe. Views expressed in this article are personal.)

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Eric J. de Silva: consummate public servant and my life-long friend

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Eric J. de Silva

By G. Usvatte-aratchi
(B.A. (Cey.); Ph.D. (Cantab.))

Eric came to Ramanathan Hall in June, 1954, from Mahinda College, Galle, with much celebrity. He was one of the youngest in the freshmen class. In Galle, in the 1950s, there were several schools where students studied to enter the University of Ceylon: Mahinda, Richmond and St. Aloysius’. Mahinda College, under Principal E .A. Wijesuriya, had become a powerhouse, sending brilliant students to the University of Ceylon. Siri Gunasinghe was on his way to stardom, shining brightly in Sinhala poetry, fiction and drama, besides his main academic interest in arts history. Eric, in time, shone with no less brilliance in a wider constellation, spreading enriching light onto the lives of millions of people in this land. I was privileged to be his friend.

We were two among the 20 students who studied for the Economics Special degree, 1958. His teachers included A. J. Wilson and I. D. S. Weerawardena, both outstanding academics who excelled as scholars as well as teachers. His fellow students were Mirani Perera (Secretary, Central Bank), Dharmasiri de Alwis (later Dharmasiri Senanayake), (Secretary of the SLFP, a Minister in Sirimavo Bandaranaike’s government, and a smart politician), Wijeratne (GATT, Geneva) and several others. I followed a different specialisation and chose a different career.

In 1959, Eric joined the public service as a member of the elite Ceylon Civil Service. It was usual for a few of the smartest students in the university, each year, to compete for a few places in the Ceylon Civil Service and Eric was one of them. A few who preferred an academic career stayed back in the university; in our year Hemapala Wijewardena, a truly brilliant man who rose to be Professor in the Department of Sinhala in Colombo, was one such.

In 1955 (or 1956?) N. K. Sarkar from Calcutta, who taught us statistics, and S. J. Tambiah, who later became Director of the Peabody Museum and a world-renowned anthropologist at Harvard, undertook a survey of five villages in Patadumbara, as they were interested in changes in our society and agrarian relations in that part of the country. The findings of that Survey, published by the University of Ceylon Press as ‘The Disintegrating Village,’ were seminal, in effect. The anthropological studies of Edmund Leach (of Cambridge), Pul Eliya and later, the prolific work of the anthropologist Gananath Obeysekera (of Princeton) were deeply influenced as to the methods of research and subject matter thereof. Eric and I were teamed together to visit families and fill questionnaires. One morning, we noticed that the families we visited lived in thatched houses, most of which had no lockable doors. Out of curiosity we gently inquired why they did not lock their doors. They in return asked us why would anyone want to burgle homes where there was nothing to steal.

Eric married Trixie soon after she graduated having wooed her after she came to Peradeniya. Trixie and her sister Dulcie lived with their aunt in a house immediately next to the Boys’ Hostel of the Hikkaduva Central School, where we juniors were housed. Their brother Derek was at school (Richmond?) in Galle and later joined the Army as an officer. Sarachchandra started rehearsing students to act in Maname in 1956 and Trixie was selected to the small choir. Eric immediately became a keen, avid aficionado of drama and missed hardly any rehearsal. He made sure that he stayed close to Peradeniya after graduation by securing a position as a teacher in Dharmaraja College, Kandy. Their four children brought distinction to themselves and their parents. Nishantha, a scientist, who taught at Jayewardenepura, and later at State College, Pennsylvania, was most remarkable in her devotion to the care of her son; Manjula won first class honours in economics at Colombo and obtained a higher degree in London; Varuna, who stayed back in Colombo with his father and Sanjaya with a Ph.D. from Yale and was a Professor of Economics at Bard College in upstate New York. Apart from their intellectual brilliance they honoured themselves and their parents by maintaining lives of the highest integrity.

Eric was the Government Agent in Trincomalee for several years and lived in a bungalow in a sprawling compound with the beach as one boundary. Deer freely roamed in his compound. One summer, which we spent in Colombo, my family were their guests. Trixie and Eric were perfect and graceful hosts and the children had a whale of a time which they recalled for many years. Varuna was the leader of the gang and we had one photograph (from those days of cumbersome photography) of them going in a procession on the beach. As the children grew up to go to school, Eric came to live in Wijerama Mawatha, Colombo.

Among the episodes in his work that Eric talked about, two stand out in my memory. Eric worked in an office of Prime Minster of Sirimavo Bandaranaike, with W. T. Jayasinghe as the Permanent Secretary. Martin Wickremasinghe’s novel Bava Taranaya was published in 1973 and, immediately, there was widespread agitation among some Buddhists because the account in the novel of the life of Siddhartha Gautama differed very much from the orthodox accounts that had grown over more than a millennium. Prominent learned bhikkhu led the charge, among them Yakkaduve Pragnarama of Vidyalankara and Henpitagedera Gnanaseeha. Bhikku were one of the highly influential parts of the constituency of SLFP and Gnanaseeha was one of the most prominent among them. Bandaranaike was a most astute politician and could not be rushed into any ill-advised action. Jayasinghe informed Eric that the Prime Minister wanted a report on the book to help her make up her mind on the question. During a weekend, Eric read the novel and his report was handed over by Jayasingha to the Prime Minister. Someone wrote an evaluation of Bava Taranaya, a few days ago in the Lankadeepa.

When Eric was in Trincomalee, Amaradasa Gunawardena (Ramanathan,1958, Sinhala Special) was in Polonnaruva. One year there was a severe drought which threatened to ruin the rice crop in Trincomalee while the reservoirs in Polonnaruva were brimful. There was much agitation and rice growers urged politicians and public servants to seek solutions. Eric spoke to Amaradasa and went to meet him at the border. Hope ran high in Trincomalee. In the evening, when he returned to his office, Eric was garlanded and there was much jubilation. He continued to be feted the whole week. Many prominent citizens and savvy politicians urged Eric to contest the Trincomalee seat in Parliament. There were precedents when successful Government Agents had successfully entered politics from their districts. Eric limited himself to become a distinguished public servant.

Eric’s work at the Ministry of Education made a lasting impression on his mind. Of the many problems he handled as a senior public servant, nothing interested him as school education did. I had learnt about medieval universities, for the first time, in a course of three lectures that Fr. S. I. Pinto delivered in my first year at Peradeniya. Eric was not in that course. I read Rashdall’s three-volume definitive study on that subject and has never stopped reading it. I came back to live in Colombo in 1996, with a commitment to contribute to educating the public on economics and social problems in the country and selectively elsewhere. About that time there were a few scholars actively studying school education: Swarna Jayaweera, S. Sanderasegaram, Ariyadasa de Silva (all in Colombo), Chandra Gunawardana (Open University) and G. B. Gunawardana (NIE). They were mostly students of the illustrious professor J .E. Jayasuriya (Peradeniya). They provided a small audience with whom we could share our interests. Both Eric and I delivered lectures in honour of J. E. Jayasuriya. Eric used to pick up Varuna’s daughter from the British School which was 10 minutes’ walk from my home and Eric, not infrequently, stepped in. We often chatted on subjects that interested us. After a while, Eric suggested that we might collect a few more people to join in the conversations. Effortlessly, we went back to Peradeniya days and invited Haris de Silva (historian and Government Archivist), W. M. K. Wijetunge (historian and Professor) K. S. E. Jayatilaka (Economic Statistician and Deputy Governor, Central Bank) and Mettananda (Ministry of Education).

We pompously called ourselves the Education Research and Study Group (ERSG) and met in my porch. Each of us contributed an equal sum of money, which did not amount to a lot but we managed it carefully. The only resources we received from outside were the services of a professor from a German university, which the Goethe-Institut, Colombo paid for. We mostly chatted about what we had read and mused about in the previous fortnight and our reactions to educational matters that had come up. We discussed both school and university education. Our discussions inspired Eric to write the short book, ‘Politics of Education Reform and other Essays’. When we had sufficient material, we called a public seminar and were pleasantly surprised that we had an audience. We congratulated ourselves when the ministry changed a policy or other course of action in reaction our presentations in the press. We disbanded ourselves when some of us pre-occupied themselves with other matters.

We celebrate Eric’s life and work. He carried with himself the education and training that he received from Mahinda College, Galle and the University of Ceylon. With quiet efficiency, that was characteristic of much of the Civil Service, Eric worked at the highest levels in management when institutions in the new state Ceylon were yet in a formative stage. As that state matured into Sri Lanka, the purposes and procedures in many of those institutions frayed and their energy sapped. The commitment and the enthusiasm that Eric exhibited are high value assets with which to start their reformation and revitalisation.

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People’s mandate and judicial legitimacy

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BASL public forum held last Saturday

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

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