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Peaceful and Unlawful Assembly

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by Lalin Fernando

This is a response to the media, the BASL and foreigners who never give up preaching on how ‘peaceful protesters’ were attacked ‘brutally’ by the Security Forces, especially at Galle Face Green on July. 22. With hundreds of thousands of protesters (Sunday Times Aug . 7) including non-nationals living on charity,, who were the peaceful protesters?

There is a right to peaceful assembly but not to unlawful assembly..Under which law can protesters ‘peacefully’ block access to government buildings or interfere with other purposes the building was designed for? Can they obstruct vehicles or pedestrian traffic or cause a threat to public peace?.Did they not?
Interestingly in the UK the punishment for a public nuisance offence is life imprisonment under laws made eons ago. .So which law, ancient or modern, allowed protesters to occupy the Presidential Secretariat in SL? Was it the same law that allowed protesters to overrun the President’s official residence, the prime minister’s office, set fire to the prime minister’s home, murder persons on May 9 and incinerate 76- 91 homes of MPs etc? Were the people who did so ‘peaceful’, never mind the protests?

An unlawful or any assembly of five or more persons likely to cause a disturbance of the public peace may be ordered to disperse by a magistrate or police officer not below Inspector rank and it will be the duty of the of the members of such assembly to disperse (Code of Criminal Procedure Act (No 15 of 1979 Sect 95).Did the protesters do so? Peacefully or otherwise?

Unlawful assembly is one in which those involved behave in a violent, boisterous, disruptive or tumultuous manner. Who else except Ambassador Chung and the media remembers all these protesters being ‘peaceful’? The leaders and associated ruffians were blood thirsty..

Unlawful assemblies can be dispersed with the use military force by a commissioned officer of any of the three Forces acting alone in the absence of a magistrate or Inspector level police officer (Sect 96).The military has not used military force so far. Possibly because Ms. Chung thinks ‘the time is not right just now’. Will she signal the right time? Heaven help SL when she does, knowing how well she knows what ‘force’ is including ‘shredding’.

Public order – a definition
It is an offence to use threatening or abusive words or behaviour or disorderly behaviour or display in writing signs, a representation of which is threatening or abusive in the hearing or sight of a person that is likely to cause harassment, alarm or distress. Were we deaf and blind from April 22 that we did not see the behaviour of the mobs as ‘threatening’ or ‘abusive’ and in fact by some massive abberation thought they were actually ‘peaceful’?
Who decides which is which? The BASL,the media, Ms. Chung or the police? Why was a magistrate not asked to be present at barricades to decide? Did the sight of ‘ thousands upon thousands’ baying for blood prevent the legal system from functioning through fear and cowardice of those responsible for public security?
The same people who, did not hesitate to castigate, ridicule and insult the police soon after they took office? Who then weighed in profoundly to say the constitution was irrelevant and the government illegitimate helping to creating a state of anarchy? It actually became the popular thing to say so until an Emergency was declared and arrests were made.

Suddenly the Government that had been in a blue funk due to its guilt that made its promise of splendour and prosperity become one of nightmares and bankruptcy, had stood up.,following the example of the present President. Had the BASL taken the place of the judiciary to misdirect the country?
Yes, absolutely no force should be used against ‘peaceful’ protesters or a peaceful assembly in SL .However the time was not long past when mounted police in western capitals laid about with swords (Belgium, France?) to disperse unlawful or not, ‘assemblies’.The Jallianwalla Bagh Amritsar (India) massacre of peaceful protesters (it was a religious holiday) may be forgotten by some but not by Indians

Gen Dyer’s orders to the troops led to 1,200 killed and 1,500 wounded in 1919. Winston Churchill called it ‘intolerably monstrous”.In 2019 Britain ‘expressed regret’ but did not apologise to India..Lessons were not fully learned even 50 years on. .The British in Kenya were intolerable again.The Ohio State National Guard on 4 May 1970 shot and killed 4 Kent University undergrads and wounded nine with 69 rounds being fired by 28 Guardsmen in 13 secs when confronting an unarmed peaceful protests against US involvement in Cambodia.

Some of the dead were only observing the protests from 300 yards.Four million undergrads from universities all over the USA walked out in sympathy.. In 1974 the USA with 7,000 troops and press ganged support from six Caribbean countries invaded Grenada.Why? It had a leftist government supported by Cuba. It is 100 miles from Venezuela. Was this an anti left protest launched by the USA? It ended in a farce .

A mental asylum was bombed by the USAF. USA had 25 troops killed and 59 wounded.The inter force communications had not been tested. It ended with US Navy ships having to call back to their command HQ in USA to inform USAF pilots circling overhead in Grenada about opportunity targets. Grenada had 45 killed in action and 337 wounded inaction (not including Cubans)..

Grenada covers an area of 344 sq kms and had a population of 84,000 in 1993. The 7,000 US troops consisted of two Ranger battalions, the crack 82 Airborne Division and the Rapid Deployment Force! In 1919 the British declared martial law in Ceylon.They shot without judicial trial very many national leaders including William Pedris They panicked thinking it was an uprising against British rule. A Brit officer used to have his breakfast watching the executions. Is it not arrant arrogance and stupidity for the US or British envoys whose countries had enslaved Africans, taken native lands by force and attempted genocide of American Indians to preach to SL on how to deal with protesters?

The British action in dealing with ‘protesters’ in Wellawaya in the ‘Great Liberation war’ (1817-18) laid waste the fertile countryside and killed all males above 10 years of age.This was a catastrophy the effects of which were seen in the insurrection of 1971.The survivors swell the ranks of ‘protesters’ yet The SL Police style of operating by first establishing communications with the mobs is exemplary.Their monumental and enduring patience over the last four months is extraordinary.It has to be highly commended. However, except for the Colombo middle and upper middle class originals (generally) ,and the farmers, teachers, unionists etc were there not at Galle Face Green (GFG) peace hating protesters too? Have they been treated differently for being different?

Were they the followers of the terrorists of 1971?; who later together with the then President who had an entente with them, were responsible for 60,000 death in 13 months 1988/9? .Were they the new shock troops, well fed and generously looked after by the original ‘Aragalists with deep pockets, that attacked the police barriers almost daily in 2022 while the poor people were struggling to find food to feed their families among shortages of other bare essentials?

So what were they actually fighting for? (WHO says 6 million – nearly a quarter of the SL population, mainly children and women) are on the brink of starvation? At GFG who would have believed WHO? Food was in plenty and of all varieties, while drink flowed and dancers did the merry baila and other jigs. It looked so western fun, like a song/drug festival in the West whoever funded it.
The police always, repeat always, attempted at first to communicate with the ‘peaceful protesters’ and pacify them at every demo..They did not threaten.They ended up using water canon and firing tear gas when the barrier toppling thousands of ‘peaceniks’ breached their defences.Surely this last police response could not be correct if the protests were ‘peaceful’? Who did something wrong? The police or the ‘protesters’?

To say that only ‘some’ trouble makers have ‘infiltrated the current’ protesters’ as in one newspaper, is hypocrisy..Were the ‘some’ of those ‘peaceful’ thousands who with years of experience in terrorising especially freshers with savage ragging in all except the Northern and Eastern universities ,(they would not have dared) switched from site to site to challenge and overrun, outnumbered, neutered and emasculated police/military (POLMIL) that had their hands/batons/weapons tied?.When the Presidential Secretariat was taken back in July after illegal occupation, the numbers game was reversed. That took the obstinate ‘peaceful’ protesters completely by surprise.

The ‘some’ trouble makers knew the police would only use tear gas and water canon while the troops sadly acted like dummies. Few doubted that a state of near anarchy prevailed. It grew in intensity with every protest. The law was openly flouted (to the delight of many) by these ‘some’ trouble makers.Was it not their actions in 1988/89 that resulted in 60,000 deaths in 13 months? Does Ms Chung know?.

The killings were limited only to the Sinhalese while massive damage was done to govt. property, administrative machinery and national infrastructure. .The country was nearly shut down by the then ‘aragalists/terrorists’ distributing ‘chits’ and slaughtering anyone who disobeyed them even for keeping lights on in one’s home? Is this their third and final attempt?

However there are laws that protect the citizen’s body and his property and also public property.The police are there to see that these laws are enforced. Sadly they did little if nothing instead during these ‘peaceful’ protests due to poor leadership at national level including some of the top brass of the police.
Was this due to ignorance or fear and possibly due to Western interference and influence Or was it due to threats such as the visit to MOD by the western envoys? There was also the fear of a Geneva backlash.

Ironically it was the new elected by parliament President,hardly a Sando, (but much reviled by many of his former friends, sycophants and beneficiaries). who decided to invoke these laws, now called harsh.If these only knew the provisions of the US Patriot Act they would throw up.The new President during most of his over 40 years as a politician was the knight in shining western dress for the elite in Colombo, especially the middle aged women. Where are they now? Have they not done the SL thing? Desert and abandon when the going turns bad.

The former ex-military Prez disappeared. It may have been out of guilt for the horrible state of the nation under him or by being ill advised as usual..Did they all forget the Penal code? Who advised him on his course of action? Were they the same rotters of boastful academic (Viyathmaga) fame who are now deserting like rats?

The past president had a heroic choice when the final push came to overrun the near naked and ordered to be spastic, defenders of President’s 250 year old House (not ‘Palace’ as the western media likes to dub all non western leader’s houses) .Like General Gordon, vastly outnumbered , he could have faced the mobs alone. Gordon with his Egyptian and British troops near starvation after many months of encirclement, faced the Madhi of Sudan and his Dervish army at Khartoum.Gordon had often said that when God distributed fear he ran short of it when he came to Gordon.

Unfortunately for him the Dervish attackers had dodged God too.They were devilishly brave too They hacked off his head. Gota had probably not heard of Gordon who had a steamer on the Nile just behind his house (not Palace) to evacuate him.He refused. Ironically Gota had a SLN ship ready. He used it, fortunately.
It is now rumoured that Gota may come back to SL. Whenever he does, he may be compared by the fanciful SL media that likened him earlier to Hitler,(SL is a sucker for western imagery) to Napoleon coming back from Elba.Would the Western powers then contrive to send him to Guantanamo instead of St Helena even before a 100 days pass?

As for defending not only Presidents but all citizens Penal code Sec 25 para 89 clearly states that ‘nothing is an offence which is done in the exercise of private defence. Why then did the police not use force to defend the President’s life? Where does it say force cannot be used?. Self defence does not cease as long as the threat to life exists.

This important if not vital aspect of law is skillfully or cunningly not elaborated to the lay person by the countless BASL bulletins .The use of force causing even death is within the law in self defence. Six offences are specified.Who judges what is justifiable or proportionate? Is it the BASL, the media, western envoys ,or the individual (s) in danger?

The security forces (police) opened fire only at Rambukkana after a long, hot, whole day of protests that included stone throwing and attemped arson.The protesters hail from a long established JVP hotbed. Their activities included an abortive attempt at setting fire to the only petrol shed and a lone fuel tanker because there was no fuel!. If a person is killed or injured while the person is exercising his right of self defence he may still be arrested until the case is heard and extenuating circumstances if any are proved.This is not the law of the jungle or of asses .The police and others knew but were not convinced there was a level playing or fighting field. prevailing.

The ‘peaceful’ protesters destroyed 91 (MP Welgama in parliament in July 2022) houses of Govt MPs by arson on 9 May 22 and murdered nine(9) people including one MP whose naked body was dragged along the street .Did Mrs Chun see this? What would the BASL and media have stated if the law as given above was acted upon when the threat manifested itself? Would it be called an exhibition of brute force? Have they seen the very same activists displaying different slogans periodically attacking university students who disagree with them?

Para 90 states self defence covers ‘his own body or that of any other person against an offence affecting the human body.’….. and ‘property’. Any citizen, not only the police can act under that law .The police ordinance too provides legal cover.But the police it would appear were ordered to ignore the law.What was the IGP thinking and why?

Para 95 states the right to private defence ‘commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat and continues as long as apprehension of danger to the body continues’…So when does reasonable apprehension manifest itself and end? Is it after killing(s) and stripped bodies are dragged along streets or when a threat with paving stones, clubs and steel rods is apparent?

Para 96 covers mischief by fire or explosion … where ‘death or grievous hurt’ may result while para 99 covers Mobs.The same rights of defence applies.
Clearly the police are fully aware of all this as are the Forces when trained for duties in Aid of the Civil’ power .The principles followed are prevention,necessity, impartiality and minimum force..Impartiality is required when 2 mobs confront each other..Red shirts only cannot be the targets! Minimum force is the force applied immediately to stop danger to body or property and not after any bargaining as at the Presidential Secretariat in July 22..It normally starts after non lethal methods have failed. A single live round may be fired at a law breaker.If the danger continues 2 rounds may be fired.If the danger persists, heaven forbid but the aggressor may force the issue, a volley may be fired! The last has never happened in SL The worst example was at Amritsar during British rule in the late 1910s when machine guns were used under the orders of Gen Dyer Hundreds of Indians were killed.Dyer was killed in revenge much later in England.

The original protesters were organised, smartly dressed, well fed and wined, educated, witty, tech savvy They were the people who fashioned the ‘aragalaya’.No one else can claim to have done so . .They were the darlings of the media and an inspiration to the youth in particular. They were generous, helpful and kind to all who joined them. .They were not compromised and used for ulterior ends. People may recall their laudable efforts during the December 2004 tsunami and many candle light and other peaceful protests over the years.

Originally the cry was amusingly Go Gota Go which is a rallying cry at rugby.That was mistaken wit..This changed to ‘Gota Go Home’ even after he had been advised or forced to leave his home, and then ‘Ranil go home’ when Ranil wise cracked ‘I am at home’ .However those who confronted the police (and the military later) in many instances were dangerously violent.They were not representative of the original Aragalists.

The Mirihana protest, peaceful at first ,became violent and then certainly intimidating and threatening when a violent group infiltrated the original protesters, turned off the main road and onto the private road that led to the residence of the former President.Their intent was clearly unlawful and violent and could have included murder ,abduction and arson as subsequently happened with increasing frequency and boldness of the ‘protesters’ ..

What is the response of a house holder if a mob carrying poles, clubs and iron rods assembles by his perimeter wall, baying for his blood? Is he to wait until they scale his wall or should he act in self defence according to the law especially if it is at night? The former course appeared to be the response of, and temporary interpretation of the law by the police.It made the mobs lose fear of the law and its guardians and become reckless.

At the entrance to the Naval Dock Yard Trinco on 10 May 22, TV showed a young woman standing in front of a baying mob , surprisingly in a very mellifluous voice, singing out the refrain, ‘kapapang kapapang’ (cut cut ) and then ominously ‘kayli kayli (pieces pieces).A Sinhala Madame Defarge? The mob were not at a fish market looking to skin fish but were attempting to rush the gates of the Dock Yard, the premier base of the SL Navy and kill the former Prime Minister ..They knew it would have been a step too far had they challenged the Navy.Instead they taunted the Naval guards to entertain the easily cowed and cheap thrilled media instead. The mob attack to storm parliament did not appear to have a single peaceful intention. One JVP leader (not drunk and driving this time) did say they would surround parliament and not allow anyone who did not do what the JVP wanted done,to leave parliament. The stealing of 2 automatic rifles from badly battered troops showed that peace was furthest from their intentions..That was the turning point.The worm had turned. .Have the peaceful protesters now gone underground?Are they cutting off their beards and trimming their hair styles?Are they regrouping? Those 2 rifles must be found quickly. .

That woman in Trinco was not an exception but one of a kind of thousands of unemployable and unemployed rather elderly ‘students’ that launched attacks all over Colombo Fort and surrounding areas, transporting themselves almost magically over long distances while the rest queued 2-4 days for fuel.Who cared whether or how the people got petrol or food or cooking gas?

Why they are/ were called ‘peaceful protesters’ stuns the imagination .They are the same people who switched from one to another barricade encounter.Their leaders remained in the rear, as in 1988/9 when they attempted genocide of the Sinhalese .They have blood on their hands and their thinking is bloody but they masquerade as ‘peaceful’ protesters especially when western media is around. Local media laps them up in mortal fear 24 x 7.So did a western envoy, looking for a political stooge.There are many in SL, if dollars flow.

Were they not screaming obscenities and murderous threats while armed with iron bars and clubs well hidden? Did they at GFG not use force on the leader of the Opposition (9 May 22 – he subsequently dodged contesting the Presidency?!) and gave a former minister, who had produced 2 IRCs at a TV interview in 2019, a taste of the same on 9 July ?

RW correctly asked the US envoy,who declared her admiration if not undying affection for the JVP, whether force was not used by US security officials on the Trump supporters who stormed the Capitol building .He also asked where else in the world would attacks on a President’s office take place without a law enforcement response..He should have also asked what level of force was used on Sadr city protesters in Iraq who were confined in Abu Graib prison and what type of protest the villagers of Mai Lai were doing when Capt Calley (who was never incarcerated as a consequence) and his men murdered and raped the entire village.They killed all the dogs and cats too. South Korean troops were allied to the US forces then to fight the Vietnamese. Or he might have asked why tanks, helicopters and 2 battalions of Air Mobile troops were used to murder hundreds and wound thousands in Gwanju South Korea in 1980. Chung added a caveat.,She said the time was not right just now for strong arm tactics.So when will that correct time be and who will say so ? Is she trying to outdo Mr.Dixit?

Unsurprisingly no regional country criticized SL Thank you brothers and sisters.· The SL Police have acted with sufficient if not overwhelming restraint quoting law and doing their best to solve the continuing impasse, peacefully.They, after negotiating and pleading with the recalcitrant ‘protesters’ for 3 days, used only minimum if any force to execute a written order of the Fort magistrate to vacate the Presidential office which they had trespassed .That was their duty. Brutal force by police is most evident not in SL but where ‘Black Lives matter’ as the whole world knows.

Who set fire and destroyed RW’s house together with those of his brothers and his library and the dogs? Why were RWs brothers’ houses termed ‘neighbours’ houses by the media? Was the whole family a target . Were the attackers a foreign legion or the spearhead troops of the protesters?.Why does the JVP deny gleefully that it was they that did it? Are they pointing fingers at the FSP as everyone else does? Which lunatic calls the FSP ‘peaceful’? What was a leading opposition politician’s sister adding to the the baying by the mob?

How does one distinguish between ‘peaceful’ and violent’ in these circumstances? Has one to wait until foul deeds including murder and arson take place? The law clearly states that once a threat manifests itself, action according to the law, including use of force, is permissibleThe most important question is whether,after a corrupt, ineffective, weak, disgraced etc Govt fails, even as a global recession sets in,and the Ukraine war continues ,is it to be replaced, out of fear of retaliation, by local experts in terror ? Where is the cash coming from to steady SL? According to Sajith P in May 22, Saudi Arabia promised him oil.He has not repeated this very silly statement.The IMF is the only hope SL has. SL should ensure China chips in by restructuring her loans and with out right grants in addition to what India has unhesitatingly and generously given. SL has a very delicate balancing act to perform to ensure our historical Asian benefactors continue to help.She has to be sincere in all she does She should never try to play one against the other.That would be suicide . It will however be difficult for the West not to try to exploit SL at this time.
Pray for SL less the politicians, media, BASL and western imperialists who think they are the reincarnation of Gods.



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Features

The gambling that wears a suit: Forex, commodities and CFD Trap – III

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by Prof. C. A. Saliya

(The third instalment in a five-part series on the business of gambling, legal and illegal.)

Somewhere in the fine print of every trading app you’ve ever seen advertised on social media, there’s a sentence that almost nobody reads all the way through. It usually says something like this: “77% of retail investor accounts lose money when trading CFDs with this provider.”

Read that again. Not “some people lose money.” Not “trading carries risk.” Seventy-seven out of every hundred ordinary customers who sign up and put their own money in, lose it. And that number isn’t a scandal uncovered by an investigative journalist. It’s a legally required disclosure, printed by the company itself, sitting quietly at the bottom of the same advertisement promising you financial freedom.

Now imagine a casino was legally required to put a sign on its front door reading: “77 out of every 100 people who walk through this door will lose money.” Would anyone still walk in? Probably far fewer than they do today. And yet millions of people, a good number of them here in Sri Lanka, drawn in through Telegram groups, YouTube “gurus,” and slickly produced Instagram ads, open trading accounts every year, often with no idea that the product they’ve just signed up for behaves, mathematically, almost exactly like a casino game.

What a CFD actually is in plain language

CFD stands for “contract for difference.” Strip away the jargon and it means this: you’re not actually buying gold, or oil, or US dollars, or shares in a company. You’re placing a bet with a broker on whether the price of that thing will go up or down over some period of time, usually 24 hours. If you’re right, the broker pays you the difference. If you’re wrong, you pay them.

That alone isn’t necessarily gambling, plenty of legitimate financial hedging works this way. What tips it firmly into gambling territory is leverage. Most CFD and forex platforms let ordinary customers control a position many, many times larger than the money they’ve actually put in, sometimes 50 or 100 times larger. That sounds thrilling, because it means a small price move in your favour turns into a big profit. It also means a small price move against you wipes out your entire deposit in minutes, sometimes seconds. Currency and commodity prices wobble up and down constantly, for reasons that have nothing to do with any individual trader’s skill or analysis. Leverage simply turns that normal, everyday wobble into a coin flip with your rent money.

And underneath all of it sits something called the spread, the small gap between the price you can buy at and the price you can sell at. Every single trade you make, win or lose, hands the broker a slice through that spread. It costs the broker nothing to run more of them through the system. It is, in every meaningful sense, the exact same mechanism as a casino’s house edge on a roulette wheel, a guaranteed cut for the house, built into the game before a single card is dealt or a single trade is placed.

The numbers behind the disclosure

That 77 percent figure isn’t an outlier. Britain’s financial regulator found, in a review of the industry, that 82 percent of CFD customers lost money. Regulators across Europe studied 10 different countries and found the average retail customer lost somewhere between roughly €1,600 and €29,000 trading these products. Academic researchers, who have studied trading apps directly, including their “practice mode” demo accounts, found something else troubling: many of these apps are deliberately designed using the same psychological tricks as gambling apps. Near-miss messaging that makes a losing trade feel like it was almost a win. Streak counters. Push notifications nudging you back in right when you’ve stepped away. The researchers’ own conclusion was blunt: this “supports comparisons with gambling, where an overwhelming majority loses money.”

To be fair to the trading industry, it has a real counter-argument, and it deserves to be heard rather than dismissed. Genuine investing and trading, done properly, does involve skill, understanding a market, managing risk, not betting more than you can afford to lose, using regulated brokers who are supervised by real financial authorities. Nobody sensible would say buying shares in a well-run company is “gambling” in the same sense as a slot machine. The industry’s argument is that CFDs, used responsibly by informed traders, sit closer to that end of the spectrum than to a casino floor.

The trouble is that “used responsibly by informed traders” describes almost none of the customers these apps are actually advertising to. Nobody runs a slick Instagram campaign targeting sophisticated hedge fund managers. They target 19-year-olds with a bit of spare cash and a phone.

The Sri Lankan blind spot

Here is where this story becomes genuinely local, and genuinely urgent. Sri Lanka’s new gambling law, the one creating a single Gambling Regulatory Authority to oversee casinos, card games, and betting, has nothing to do with any of this. Forex and CFD trading falls under an entirely different part of the government’s rulebook, treated as a financial services matter for the Central Bank and securities regulators, not as gambling at all. On paper, that makes sense: trading involves real financial markets, real currencies, real commodities.

But in practice, it creates a gap you could drive a truck through. A card game at a funeral house, played for a few hundred rupees, falls under strict 19th-century anti-gambling law. A trading app that can empty a young person’s entire savings account in an afternoon, using exactly the same psychological hooks as a slot machine, falls under none of it, no age verification standard built for gambling harm, no loss limits, no cooling-off periods, no self-exclusion registers.

Meanwhile, unlicensed offshore forex “signal groups” and trading channels, plenty of them explicitly targeting Sri Lankan youth through Telegram and WhatsApp, operate almost entirely outside any meaningful oversight at all, local or foreign.

There’s a newer wrinkle worth a mention too: cryptocurrency trading and crypto-based gambling products increasingly blur into the exact same category as CFDs, some analysts value the global crypto gambling market in the tens of billions of dollars, though even the experts disagree wildly on the real number, which tells you how little anyone is actually tracking this corner of the industry closely.

The question this instalment leaves open

So here’s the question worth putting to Sri Lanka’s policymakers, and to readers thinking about their own accounts: if a product produces the same loss rates as a casino, uses the same psychological design as a betting app, and overwhelmingly targets the same young, inexperienced customers as illegal gambling operators, does it matter, for the purposes of protecting people, whether we call it “trading” or “gambling”? Right now, in Sri Lanka and in most of the world, the label is doing an enormous amount of legal work that the underlying product doesn’t actually earn.

We’ll return to this exact tension in our final instalment, when we ask what genuinely joined-up gambling regulation would look like, one that judges a product by what it does to the people using it, rather than by what its marketing department decided to call it.

Next week,

Part 4 heads to the racecourse, the one form of gambling that has stayed legal almost everywhere on Earth for centuries, to explain, in plain English, exactly how a bookmaker guarantees itself a profit no matter which horse crosses the line first.

Prof. C. A. Saliya, is a charted accountant, academic, researcher and former banker. He is the author of SAMAJA GAVESHAKAYA and Springer Publication DOING SOCIAL RESEARCH. He can be contacted at saliya.ca@gmail.com. The views expressed in this article are his own and do not necessarily represent those of the organisations with which he is affiliated.

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Addressing human rights needs multi-pronged approach

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Volker Türk

by Jehan Perera

The ongoing 63rd session of the United Nations Human Rights Council, which runs from September 7 to October 7, 2026, in Geneva is important to Sri Lanka. Its outcome will send a signal to other international actors, including the European Union, as to whether Sri Lanka’s reform policy is on track. The written update on Sri Lanka, prepared by the Office of the United Nations High Commissioner for Human Rights under High Commissioner Volker Türk and presented by Deputy High Commissioner Nada Al-Nashif, has taken a more holistic approach to the government’s performance over the past year. It acknowledged the progress Sri Lanka has made under the NPP government in relation to accountability for financial fraud and other economic crimes. At the same time, the High Commissioner’s update made clear that progress in relation to economic crime cannot be equated with progress in relation to accountability for grave human rights violations committed during the armed conflict and in other periods of political violence.

The government may have felt sufficiently confident that its response to the High Commissioner’s update could be handled by its representative in Geneva and did not require the attendance of Foreign Minister Vijitha Herath. Sri Lanka’s representative Sumith Dassanayake called for a fundamental review of country-specific mandates within the UN Human Rights Council. Sri Lanka has been facing repeated scrutiny in the form of successive UNHRC resolutions from 2012 onwards. Ambassador Dassanayake argued that such mandates should not continue indefinitely and must be regularly assessed against measurable objectives and tangible outcomes. This may reflect confidence that its record of reform is beginning to receive recognition internationally. The reports and statements at the Human Rights Council acknowledged progress in the government’s efforts to address corruption and economic crime.

The government’s anti-corruption drive has included investigations into allegations involving individuals who held the highest political offices in the country. The arrest of former President Ranil Wickremesinghe in connection with alleged misuse of public funds, and the investigation into the controversial SriLankan Airlines Airbus transaction involving former President Mahinda Rajapaksa’s son, are examples of the reach of these investigations. The arrest of SLPP National Organiser and Member of Parliament Namal Rajapaksa in connection with allegations relating to the Airbus purchase scandal has also demonstrated that the government is willing to pursue cases involving politically powerful figures.

Wide Range

The ongoing investigations appear to encompass a wide range of parliamentarians and government members, both past and present. They suggest that accountability for corruption is not being confined to lower-level officials or to individuals who lack political influence. This is precisely the kind of accountability that the public has long demanded and that previous governments have too often failed to deliver. The government is also reaching into the upper levels of the military hierarchies of the past. The case in which 11 young men, most of them Tamil, disappeared after being abducted in Colombo between 2008 and 2009 involved allegations that some families were asked to pay ransoms. The investigation into this case has reached senior military figures. The willingness to pursue such cases is important because it challenges the assumption that those who exercised power during the war are beyond the reach of the law. Such cases would provide a practical test of whether the government’s commitment to accountability for economic crimes is part of a broader commitment to the rule of law.

Success in prosecuting corruption cannot substitute for justice for those who were unlawfully killed, disappeared, tortured or otherwise victimised. The UN report noted that there had been no recognition or accountability for crimes under international law, gross human rights violations and serious violations of international humanitarian law committed by all parties during the war. The government has yet to establish a credible and effective process to address the many cases of enforced disappearance, extrajudicial killing, torture and other serious violations. The government needs to take the international commitments it has inherited on human rights issues seriously. It needs to adopt a multi-pronged approach and go beyond focusing primarily on financial and corruption-related accountability.

Need Action

As a member of the international community, Sri Lanka has a responsibility to abide by the commitments it has made. It cannot selectively uphold international obligations postponing those that are politically difficult. Also, as a small country, Sri Lanka has a self-interest in ensuring the survival of international law, which is all that it has to protect it from the depredations of the bigger international actors. The erosion of international law by powerful states makes it all the more important that smaller states uphold the principles on which the international system is based. Sri Lanka cannot credibly appeal to international law when it is threatened from outside while disregarding its own obligations within. Sri Lanka also needs to win the confidence of its own population that it is committed to justice and equality for all. Public opinion polls and community-level research have disclosed that ethnic and religious minorities are appreciative of the sense of greater security they enjoy under the present government from ethnic or religious extremists.

But a sense of security is not the same as the fulfilment of rights. As far as the Tamil people are concerned, the government has yet to deliver on several of its specific promises. These include the long-standing problems of missing persons, the release of political prisoners who have been members of Tamil militant organisations, and the return of land taken over for military purposes during the war. The issue of Buddhist statues and archaeological sites found on their properties which are then taken from their control continue to trouble them especially as they see no signs of resolution of those disputes. The issue of pastureland in the east of the country in Mylathamadu is particularly concerning to them as they see orders by successive presidents, both President Ranil Wickremesinghe and President Anura Kumara Dissanayake, being disregarded on the ground. The Mylathamadu pastureland dispute is where traditional Tamil dairy farmers have engaged in multi-year protests against the ongoing encroachment of their ancestral grazing lands by Sinhalese crop cultivators relocated under government development schemes.

The government’s failure to hold Provincial Council elections is particularly troubling. The provincial council system is the only one that can provide the Tamil people and other ethnic minorities the opportunity to wield political power and exercise a measure of self-determination in the areas in which they are the numerical majority. The continued postponement of Provincial Council elections therefore has consequences that go beyond an ordinary electoral delay. It deprives communities of an important constitutional avenue for democratic participation and power-sharing. The ethnic and religious minorities appreciate what the government is doing in the larger national interest, but they must not be made to feel that their special concerns are being ignored. The government cannot resolve Sri Lanka’s entire legacy of rights violations overnight. But it does need to demonstrate that it is willing to move forward on multiple fronts, not only on a few.

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The emptying university: why are academics leaving?

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by Hasini Lecamwasam

Brain drain in Sri Lanka is at an all-time high. The latest Human Flight and Brain Drain Index for 2024 shows that we are 16th of 175 countries on this count, and first in South Asia. That this is a crisis goes without saying. Brain drain affects all sectors, and is a huge strain on the resources of a developing country. Particularly in Sri Lanka, where considerable public investment is made in the moulding of professionals through the system of free education, this amounts to transferring the resources of poorer countries to richer ones with top migration destinations. It is, therefore, important to consider the push and pull factors behind skilled outmigration, specifically from the public university system of Sri Lanka, a key focus of the Kuppi column.

From frustration to exit

Several bitter realities in our crumbling public university system act as push factors in the migration decisions of academics. Many essays on this column have, over several years, attempted to highlight numerous aspects of this erosion. Perhaps, primary among them is the lack of adequate funding, which has debilitating ramifications for the system: very little investment is made in the up-keep of infrastructure (and even less in its expansion), resulting in serious constraints in accommodating growing batches of students and the wellbeing of the staff (particularly in regional universities); research funding is negligible, severely curtailing academics’ ability to effectively discharge their primary duty of teaching which should ideally be informed by their research (and the research of others, access to which is also, unfortunately, mediated by funding); a funding crunch also means a slash in (or greater constraints on) recruitments, increasing the workloads of academics, currently in service, and eating into the quality of their teaching and research.

What recruitments are done frustrate those with any faith in merit. As many of our interventions in this column have shown, recruitment processes are characterised by archaic selection criteria that place very little weight on a candidate’s postgraduate growth and the advantages of interdisciplinary training. Added to this is the general preference for ‘culturally compliant’ candidates who would not rock the boat too much. The combined effect is that those with the capacity and spirit to try out innovations in education are discouraged from joining or staying on in the public university system. Some, or many, of them may instead seek appointments abroad.

A thread that binds all of these problems together is pervasive hierarchy which, again, many interventions on this column have sought to highlight. It is the interest in preserving hierarchy that leads to the preference for alumni in recruitment processes. Hierarchy within universities can be particularly frustrating for younger faculty and women, who typically have to bear the brunt of the workload of their senior, often male, colleagues. In a context of funding, and, therefore, recruitment, restrictions, this translates into a disproportionate burden being placed on junior (usually female) faculty, seriously hindering their prospects of growing into successful academics due to the time constraints within which they have to operate. Junior academics, therefore, are more likely to look to educational institutions abroad for what they hope would be a different work culture that respects them more.

Ideological ruses

On top of these structural frustrations are also the workings of neoliberal ideology. For one, the nature of relations between the global metropole and peripheral countries like Sri Lanka largely dictates what is desirable and what is not. The apparent lifestyles of Western countries – from food to clothing, housing, appliances, and so on – have continued to lure people from the periphery with the promise of a ‘better’ life, alongside better career advancement opportunities. This, of course, masks much of the struggle that goes on behind the scenes to survive in Western societies. For instance, in most cases highly attractive public infrastructure such as roads, public transport, clean air, quality control of food, and so on belie the astronomical privatised costs of healthcare and education. Health insurance is usually mandatory and steep in most high-income settings, while even subsidised education (for which eligibility criteria are strict) creates a serious dent in household earnings. Of course, the happy images of glossy trams and gleeful international travellers don’t convey this.

A second ideological ruse is the myth of greater opportunities and recognition abroad. While there is no denying that local skilled sectors – be it higher education, health, civil service, or private white-collar positions – are replete with issues that inhibit merit-based professional advancement, the notion that things are fundamentally different in Western countries stems from an uninformed optimism. As is now increasingly known and discussed, Western labour markets are notoriously racialised, and equivalent skills are rarely treated as such. Instead, it is usually demanded that skilled migrants clear certain formal examinations in their host countries. In fields like medicine, this is followed by an interview that may also be racially prejudiced. Once these initial steps are cleared, remuneration reverts to square one irrespective of experience accumulated abroad, not to mention the many subtle aggressions, rejections, and trials one has to go through in the negotiation of everyday life. In the many cases where professional qualifications are used as leverage for a move abroad, sights are set on a better future for one’s children, which again is informed by the misplaced faith in greater opportunities and a lack of awareness of the factors outlined above. Needless to say, in the global swing to the Right, things have become even more challenging. In such a context, considering the few rare cases where skilled migrants live extremely comfortable lives as the norm becomes a dangerous misconception.

The two ideological pull factors mentioned above are complemented by a push factor, which has to do with a highly classed understanding of what a white-collar professional is due in their society. Many of these aspirations are clearly articulated in academic trade union action demanding separate quotas for school entry, increased fuel allowances, winning back the presently stalled vehicle permit scheme, salary hikes, and so on. While working people have every right to agitate for better material conditions, insofar as it remains unconnected to a broader movement for improving the conditions of the lot of the working class, it remains self-serving and very much within the class logic of capitalist society. Since these demands are articulated as a means of maintaining distinction, it is clear that they are not envisaged as part of a class movement. The frustration of not having these needs for distinction satisfied may push some to seek greener pastures abroad, at least financially, (perhaps as a means of social mobility based on it), only to be disappointed on most occasions.

What is to be done?

Addressing the systemic push factors listed above requires, first and foremost, greater allocations for free public higher education. This would immediately translate into more recruitments and less work per academic, and better research and teaching in the long haul. An increase in funding would also ideally lead to greater infrastructural investments, especially including improving the living conditions of those who work in regional universities amid untold hardships. Next, fairer, more creative, and, therefore, more effective recruitment policies are badly needed to attract talented individuals to university positions. Rather than carving out a ‘special category’ for academics to achieve this purpose, which is informed by a classed logic, this needs to be done through fundamental reforms in recruitment processes. Third, a persistent attack on the entrenched hierarchy within universities through internal reform is much called for. Reforming recruitment practices will go a long way towards addressing this. Measures should also be taken to introduce more stringent policies against SGBV (not to mention ragging, even though it is not directly connected to brain drain). Such measures would create a safer, fairer, and more attractive workplace, which would give more reasons for people to stay.

On top of greater allocations, we also need a transformation of our aspirations themselves if this situation is to change. That necessitates a kind of education capable of questioning the ‘paradise’ conception of Western societies, and lays bare their colonial material and ideological dimensions, in both their historical and contemporary manifestations. These colonial understandings of the ‘good life’, moreover, have devastating ecological implications for the planet, not to mention social justice. An education with the ability to transform this mindset would hopefully prove to be more than a mere path to social mobility, rather being a tool of social emancipation that renders mobility moot.

(Hasini Lecamwasam is with the Department of Political Science, 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.

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