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‘Perpetrators of violence should be dealt with under criminal and civil laws’

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Manoli Jinadasa

By Shamindra Ferdinando

Senior Attorney-at-Law Manoli Jinadasa Monday (24) said that illegal acts, such as arson and trespass, couldn’t be vindicated on the basis of ‘trade union’ action, under any circumstances. Thus, the normal law should operate against the perpetrators of such violations, Jinadasa said, adding that they could be dealt with under the criminal law, as well as the civil law, for damages caused.

The lawyer said so in response to The Island query where deliberate ‘actions,’ perpetrated during the protest campaign, that also involved trade unions affiliated to political parties, as well as other groups, such as Government Medical Officers’ Association (GMOA) and Federation of University Teachers Association (FUTA), be dealt with under current laws?

President Gotabaya Rajapaksa was forced out of office, in the second week of July last year. Subsequent violence destroyed the then Premier Ranil Wickremesinghe’s private residence at Kollupitiya. Altogether over 70 houses, belonging to incumbent members of Parliament, were set ablaze.

Asked to explain, the Attorney-at-Law said that FUTA, GMOA and other groups would say that they were involved in ‘Aragalaya’ to protect the rights of their members to safe and secure employment which was under threat due to the breakdown of industry and governance. They would justify their participation in the change of government on the basis of their right to protect the interests of the members.

Jinadasa, with over 28 years of experience specialises in Industrial Law, Constitutional Law, Administrative Law, Contract Law and Commercial Law.

“However, it would be pertinent to ask that though FUTA and GMOA participated in the protest campaign, is there any evidence directly implicating them in illegal activity at the point of the overthrow. It is only illegal activity that will attract punishment,” the outspoken lawyer said.

The Island

raised the issue with Manoli Jinadasa in the wake of her recent interview with Derana 24 in which the top lawyer dealt with ongoing trade union actions, primarily directed at the government and rights of both the employees and employers.

Responding to Derana interviewer Anuradhie Wickramasinghe, she stressed that strike is a legitimate weapon but should be the last option after all attempts to resolve a particular matter failed. Appearing on ‘Law, Land and Liberty,’ Jinadasa explained the nexus between trade unions and political parties represented in Parliament. Likewise, employers could resort to lockouts, Jinadasa said, underscoring the fact that the Supreme Court has upheld the right to strike.

“Strike is a legitimate weapon a trade union has. There is no doubt about it as much as a lockout for an employer. So, you have strike action for the employees and lockouts for the employer. That is how it goes, Jinadasa said.

Referring to ILO Conventions and comparing them with the relevant domestic laws and regulations, Jinadasa discussed the denial of trade union rights to judicial officers, armed forces, police and prison officers here. In terms of the ILO Conventions, Sri Lanka has ratified over the years, no one could be deprived of trade union rights though the situation on the ground is different, she said.

Having dealt with the origins of trade union activity, both here and abroad, Jinadasa asserted that the nature of trade union strategies had changed. She dealt with several specific issues, including the widely practiced ‘sick note campaign’

“Now the morality of that kind of strike is a subject matter for discussion because especially for professionals such as medical, legal or teaching professions. What we are doing is presenting a note which is false because you are not sick,” Jinadasa said. “It is the view even of the Supreme Court. There were judgments to the effect that submitting false medical certificates is not an acceptable form of a strike.”

Jinadasa recalled a judgment delivered by the late Justice Mark Fernando in respect of termination of employment over submitting of false medical certificates and going on ‘sick note campaigns’. The case referred to was Bandara vs Ministry of Lands. Fernando was quoted as having declared…”the President’s Counsel for petitioners contended with little enthusiasm that submitting false sick notes and medical certificates was a legitimate trade union action as part of the work to rule campaign. I have equally little hesitation in rejecting that contention. The court will not condone the conduct of an employee who lies or otherwise deceives his employer as to the reason for his failure to work whether individually or collectively.”

Jinadasa strongly questioned the despicable practice of teachers submitting false medical certificates against the backdrop of students having to prove valid reason in case they didn’t attend classes conducted by those who falsely fell sick. Such actions couldn’t be acceptable under any circumstances, she said, explaining the stand taken by courts as regards the deliberate reduction of output. Courts have held such actions illegal, she said. To highlight the illegality of such trade union strategies, Jinadasa recalled the fundamental rights action filed by the Joint Apparel Manufacturers Association against relevant trade union for bringing down the output by 60 percent. The court held in their favour, she said.

However, work to rule campaign is a legitimate form of trade union action, she declared.

Responding to another query, Jinadasa said that collective agreements facilitate better relations between employees and employers. Commenting on a person’s right to strike, Jinadasa, while referring to the late justice Sharvananda, said that he held that one couldn’t invoke fundamental rights for strikes. “One can invoke fundamental rights if he/she is prevented from joining a trade union, but not for strikes.” She gave several instances where courts have rejected such applications.



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Prime Minister off to the United Kingdom to participate in the 22nd Annual Commonwealth Education Forum

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Prime Minister Dr. Harini Amarasuriya departed on an official visit to the United Kingdom to participate in the 22nd Annual Commonwealth Education Forum and the Commonwealth of Learning (COL) 2026 Board of Governors Meeting.

During the visit, the Prime Minister is scheduled to participate in several high-level academic and diplomatic engagements aimed at strengthening cooperation in the fields of education, development studies, research collaboration, and international partnerships.

As part of the visit, the Prime Minister will meet with Ms.Bridget Phillipson, Secretary of State for Education of the United Kingdom, at the UK Department for Education, to discuss areas of cooperation in education and related sectors. She is also expected to meet Ms.Yvette Cooper, Foreign Secretary of the United Kingdom, for discussions on matters of bilateral interest and cooperation between Sri Lanka and the United Kingdom.

In addition, the Prime Minister is expected to meet Ms.Shirley Ayorkor Botchwey, Secretary-General of the Commonwealth, on the sidelines of the 22nd Annual Commonwealth Education Forum and the Commonwealth of Learning (COL) 2026 Board of Governors Meeting.

During the visit, the Prime Minister will attend a public event at the Institute of Development Studies at the University of Sussex and she will also take part in the ceremony marking the 60th Anniversary of the Institute of Development Studies. The Prime Minister is also scheduled to address a session at the Oxford School of Global and Area Studies at the University of Oxford, followed by a question-and-answer session with scholars and students.

The visit is expected to strengthen Sri Lanka’s engagement with academic institutions, international development partners, and Commonwealth member states, particularly in the areas of education, research, policy dialogue, and capacity building.

[Prime Minister’s Media Division]

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Steps initiated to safeguard Sri Lanka’s Maritime Heritage

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Taking a decisive step towards safeguarding Sri Lanka’s maritime heritage, a high-level discussion was held today (18) at the Ministry of Environment.

Jointly chaired by the Deputy Minister of Environment Anton Jayakody and Deputy Minister of Defence Aruna Jayasekara, the meeting focused on the urgent need to prevent environmental pollution and protect the coastal waters around the northern seas and their adjacent islands.

The discussion was attended by senior naval officers, Secretary to the Ministry of Environment  K.R. Uduwawala, Chairman of the Marine Environment Protection Authority (MEPA)  Samantha Gunasekara, Director General of the Coast Conservation and Coastal Resource Management Department Prof. Turny Pradeep Kumara, and Conservator General of Forests  along with several other officials from the Department of Wildlife Conservation and the Ministry of Environment, and the senior ecologists from IUCN.

The discussion placed a strong emphasis on enhancing environmental threats and accelerating the declaration of  new Marine Protected Areas (MPAs) in the northern region. Officials emphasized that protecting this marine zone is crucial for conserving biodiversity, securing the livelihoods of local fishing communities, and enhancing Sri Lanka’s strategic maritime profile on the global stage.

Primary attention was drawn to the severe ecological destruction caused by Illegal, Unreported, and Unregulated (IUU) fishing. The Ministers highlighted the grave threats these unlawful activities pose to both marine biodiversity and the economic stability of local fishermen, stressing the immediate need for comprehensive surveillance and stricter enforcement mechanisms. Furthermore, extensive discussions took place on how to divest a strategic destructive fishing practices—such as dynamite fishing, unauthorized spearfishing, and the use of banned fishing gear—which inflict irreversible damage on fragile coral reef systems and endangered fish species.

The meeting also addressed infrastructure and governance gaps within fishing harbors, identifying the lack of proper management and formal regulatory mechanisms as key vulnerabilities. As a progressive step forward, suitable islands and surrounding marine zones in the Northern Province have been identified for official declaration as Marine Protected Areas. It was clarified that establishing these MPAs will not restrict the livelihoods of local communities; instead, they are designed to protect and promote sustainable fishing and eco-tourism. Moving forward, these protected zones will be developed into premier eco-tourism destinations, creating new economic opportunities for the region. Ultimately, declaring these Marine Protected Areas will bring international recognition and strategic importance to Sri Lanka’s northern islands. By establishing these zones, Sri Lanka aligns itself strongly with global biodiversity commitments, showcasing its role on the international stage as a responsible custodian of the Indian Ocean’s rich marine resources.

During this discussion, it was proposed to establish a working group comprising experts from the Ministry of Tourism, the Ministry of Fisheries, the Ministry of Defence, the Ministry of Environment, and the Ministry of Justice to implement a joint mechanism for protecting the country’s coastal and marine resources, with the Ministry of Environment taking the lead in this initiative.

This conservation initiative marks yet another milestone in the country’s ongoing journey toward achieving a sustainable biosphere and an evergreen future.

 

 

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Surcharge on vehicle imports irks SJB, pleases ex-Finance Minister

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Opposition and SJB Leader Sajith Premadasa has launched a scathing attack on the government for the 50% Customs duty surcharge on vehicle imports, accusing the latter of burdening the public with additional costs, despite its earlier promises to make vehicles more affordable.

Addressing the media in Tissamaharama, on Saturday, Premadasa said those who had once pledged to make a Vitz car available for Rs. 1.2 million had now moved in the opposite direction by increasing duties on vehicles.

Premadasa questioned assurances given by Deputy Finance Minister Dr. Anil Jayantha Fernando that vehicle prices would not significantly increase due to the surcharge, asserting that the President, the government and its 159 Members of Parliament must take responsibility for the consequences of the decision.

The Opposition Leader also voiced concern over the depreciation of the rupee, warning that the local currency was weakening rapidly against the US dollar and that continued depreciation would lead to higher inflation, rising commodity prices and further increases in the cost of living.

He said economic stabilisation could only be achieved through stronger export earnings, growth in the tourism sector, higher foreign remittances and increased Foreign Direct Investments (FDIs).

Premadasa further accused the President, the Finance Minister and the Government of lacking a basic understanding of economics, claiming that repeated policy mistakes had adversely affected the economy and the public.

He called for an increase in subsidies, arguing that rising living costs were placing families under severe financial strain and affecting their ability to look after their families.

Premadasa added that shoring up foreign reserves and arresting the depreciation of the rupee would be critical in meeting debt obligations and safeguarding public welfare.

Meanwhile, the Vehicle Importers Association of Sri Lanka (VIASL) warned that the Customs duty surcharge would lead to steep increases in vehicle prices, further reducing affordability for consumers.

VIASL spokesperson Arosha Rodrigo told the media that the surcharge, introduced through a gazette notification, had come on top of existing customs duties and the depreciation of the rupee against the US dollar.

“Vehicle prices are rising at a rate that no one can afford. The new surcharge on top of this is unbearable for vehicle importers. Many vehicles will increase by Rs. 1.5 million to Rs. 2.5 million,” Rodrigo said.

He explained that customs duties on all vehicles, whether imported privately or through dealerships, would rise due to the duty surcharge.

Responding to mounting criticism, Deputy Finance Minister Dr. Anil Jayantha urged the public not to be misled by what he described as false claims that vehicle prices would rise by 150% due to the surcharge.

Dr. Jayantha said misinformation was being circulated regarding the surcharge and insisted that claims of a 150% increase in taxes or vehicle prices were “completely false.”

He explained that the temporary three-month surcharge was intended to delay non-essential private vehicle imports and reduce pressure on foreign exchange reserves during a period of economic uncertainty.

“The message we are giving is simple: if you can postpone importing a vehicle for personal use, please do so. This is not a move intended to increase vehicle prices,” he said.

According to the Deputy Minister, existing taxes on vehicle imports were already at approximately 130%, and the newly announced surcharge mechanism had been widely misunderstood in public discourse.

He further clarified that vehicles imported under Letters of Credit opened on or before May 15, 2026, would not be affected by the revised tax structure.

“Even if those vehicles arrive months later, they will continue to be taxed under the previous rates. The new tax structure only applies to LCs opened after May 15,” Dr. Jayantha said.

He also stressed that there was no reason for consumers to rush to purchase vehicles, fearing price increases.

Dr. Jayantha noted that motorcycles, three-wheelers and vehicles imported for commercial purposes had been excluded from the temporary measure.

He maintained that the policy was aimed at managing pressure on foreign exchange reserves, maintaining economic stability and curbing unnecessary import demand during the three-month period.

Meanwhile, former Finance Minister Ali Sabry, in a social media post, has endorsed the government’s decision to impose a 50% Customs duty surcharge on vehicle imports, calling a timely intervention to protect the country’s foreign currency reserves. He has said it is a necessary safeguard.

“The Government’s decision to impose a 50% surcharge on the import of vehicles, in the midst of escalating global uncertainty and external pressures, is a prudent and timely measure aimed at protecting Sri Lanka’s fragile external sector and preserving scarce foreign exchange reserves,” Sabry said in a statement on social media.

He has also praised the government’s decision to exempt the Letters of Credit opened on or before May 15, 2026, from the surcharge. “It avoids unnecessary uncertainty, prevents retrospective complications, and protects already embattled importers from further hardship and arbitrary administrative difficulties. In times of crisis, clarity, consistency, and fairness in implementation are just as important as the policy itself,” the former Minister has said, warning that Sri Lanka’s recovery remains vulnerable to global conflicts that disrupt energy markets, trade routes, supply chains, investor confidence, tourism, and financing conditions.

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