Features
Proposed Amendment to Antiquities Ordinance – a boost to destruction of antiquities
By Kalyananda Tiranagama
Executive Director
Lawyers for Human Rights and Development
It has been reported that the Ministry of Justice is moving to amend the Antiquities Ordinance, repealing the provisions therein preventing the courts from releasing persons charged with or accused of offences under the Antiquities Ordinance on bail. Under the proposed amendment, the Magistrate’s Court is to be given power to release such persons on bail. This proposal is made in the guise of a measure to reduce prison congestion.
Theft of antiquities, demolition of the Buddha statues and causing damage to archeological sites by treasure hunters and the willful destruction and damage of antiquities and archeological sites by interested parties have become serious problems that need to be urgently addressed with deterrent action.
As reported in the media, from 1977 to 1994 the Police received 242 complaints of theft, damage and destruction of antiquities; from 1995 to 2001, the number of complaints the Police received was 424. There is a sharp increase in the number of incidents reported in the recent past. In 2019, the Archaeological Department received 630 complaints of incidents where antiquities were either damaged or destroyed. During the first nine months of 2020, 430 such incidents were reported to the Archeological Department.
The Antiquities (Amendment) Act No. 24 of 1998 was enacted by Parliament with a view to preventing the incidents of theft of antiquities and willful destruction and damage of antiquities and archeological sites. This Act introduced three new provisions enhancing the penalties for offences under the Ordinance and requiring the offenders to be kept in custody without bail till the conclusion of the trial.
S.15A. Any person committing theft of an antiquity in the possession of any other person shall be guilty of an offence –
S.15B. Any person willfully destroying, injuring, defacing or tampering with an antiquity or willfully damaging any part of it shall be guilty of an offence –
S. 32. Any person who commits a breach of (a) any provision of S. 21 (commencing or carrying out any work of restoration, repair, alteration or addition in connection with any protected monument except upon a permit issued by the Commissioner General of Archeology), or (b) any regulation made under S. 24 shall be guilty of an offence – punishable on conviction after summary trial before a Magistrate with a fine not exceeding Rs. 50,000 or with imprisonment for a term not less than two years and not more than 5 years or with both such fine and imprisonment. Same penalty has been laid down for all offences under the Act.
S. 15C. Notwithstanding anything to the contrary in the Code of Criminal Procedure Act or any other written law, no person charged with or accused of an offence under the Antiquities Ordinance shall be released on bail.
The penalties laid down in the Act for these serious offences are hardly adequate to have a deterrent effect on the culprits. The Court has the option of imposing a fine instead of a jail sentence. The maximum fine that can be imposed is Rs. 50,000. Quite often a fine of a lower amount is imposed. It is very seldom that a sentence of imprisonment is imposed on an offender in these cases.
Only the provision that a person charged with or accused of an offence under the Antiquities Ordinance cannot be released on bail by any Court has some deterrent effect on the offenders. They have to remain in custody for a few weeks or a few months till they are charged in the case. Once they are charged, in most cases they plead guilty and pay a fine and walk away.
In response to certain media reviews critical of this move to amend the law enabling Magistrates to release the suspects on bail when they are produced in Court as something detrimental to the protection of our archeological heritage, Chief Legal Advisor to the Ministry of Justice, Mr. U. R. de Silva, P. C. has issued an explanation justifying the Justice Ministry decision to relax the law, enabling the Magistrates to release the offenders on bail. According to his explanation:
a.
All those who are arrested and produced in Court by the Police are not treasure hunters. Abusing the law, the Police arrest and charge innocent people. As an example, he cites how the Police produce drug addicts in Courts as drug traffickers, preventing them from being released on bail by the Magistrates.
It is no secret that the Police have heavily contributed to the congestion in prisons by producing in Courts many drug addicts as drug traffickers, abusing the law and thus preventing them from being released on bail by the Magistrates. The Attorney General is also aware of this. That is why the Attorney General, following the Mahara Prison riot, stated that he had instructed the Inspector General of Police several times to consider filing cases under S. 78(5) of the Poisons, Opium and Dangerous Drugs (Amendment) Act instead of S. 54 (a), which has been the usual practice, in order to reduce prison congestion.
Why doesn’t the Ministry of Justice propose to amend the Poisons, Opium and Dangerous Drugs Act, enabling Magistrates to grant bail to persons arrested with small quantities of drugs instead of keeping them in custody for years without bail, in the same manner it proposes to amend the Antiquities Ordinance?
If the Police abuse the law by arresting and producing in Courts innocent people as treasure hunters and keep them in custody without bail, why can’t the AG and the IGP direct them to strictly comply with the law and take action against the police officers who abuse the law?
b.
This is a state of affairs totally different from what the legislature expected.
It is an erroneous statement. Parliament enacted this law in 1998 specifically for the purpose of protecting antiquities by taking stern action against those who damage or destroy them. S. 15C clearly states that whatever the other laws may state, no person charged with or accused of an offence under the Antiquities Ordinance shall be released on bail.
c.
As the Immigrants and Emigrants Act has been amended enabling Courts to release suspects on bail, it is a grave mistake not to amend the Antiquities Ordinance enabling Courts to grant bail.
This is also not a correct statement. The Immigrants and Emigrants Act was amended by Act No. 31 of 2006 to grant relief to hundreds of suspects held in custody being unable to obtain bail due to the Supreme Court Judgment given in 2006 in Thilanga Sumathipala case (Attorney General & others vs. Thilanga Sumathipala – (2006) 2 SLR 126) depriving the Court of Appeal of its jurisdiction to grant bail.
This Act made provision for release on bail of all persons held in remand without bail on the date on which this Act came into operation due to the Supreme Court Judgment in the Thilanga Sumathipala case.
This Amendment Act did not grant power to the Magistrate’s Courts to release on bail all suspects held in custody in respect of all offences under the Immigrants and Emigrants Act. Under this Amendment, a Magistrate can grant bail only for an offence in respect of which there is no express provision made for granting bail. – S. 47A (2) Where there is an express provision for granting bail, a Magistrate cannot grant bail in respect of such offences.
Only a High Court can grant bail to a person accused of an offence under S. 45C of the Act upon proof of exceptional circumstances.
S. 47 (1) of the Act states that, notwithstanding anything in any other law, the offences mentioned therein shall be non-bailable and no person accused of such an offence shall in any circumstances be admitted to bail.
d.
Whenever any digging is done anywhere the Police have the habit of arresting persons and producing them in Court as suspects under the Antiquities Ordinance. They have to languish in custody for months till the certificate is produced showing that it is not a place coming under the Antiquities Ordinance.
The Antiquities Ordinance clearly states what are the offences coming under it. Instead of amending the law enabling Magistrates to release the offenders committing all kinds offences under the Ordinance on bail at the time they are produced in Court, there are many things that can be done to prevent the Police from acting arbitrarily abusing the law.
The Police cannot arbitrarily arrest people and produce them in Court for digging any land; If they do so a complaint can be made against the Police to the Supreme Court or the Human Rights Commission for violation of fundamental rights.
The Attorney General can direct the Police not to arrest and prosecute without ascertaining from the Archeological Department whether it is a site with antiquities.
The Court can promptly call for the certificate from the Archeological Department.
e. Another sorry state of affairs is that, though the place where the digging was done is not a place coming under the Antiquities Ordinance, the Police file action on the opinion of the Commissioner General of Archaeology that charges can be brought if it appears that the digging has been done in search of antiquities.
No such action can be filed under the law. It is an arbitrary action taken totally contrary to law. One cannot understand why the Bar Association of Sri Lanka and the lawyers appearing in these cases remain silent without challenging the legality of such actions.
f. As they cannot obtain bail, in many of these cases suspects plead guilty for an offence which they have not committed and pay the fine of Rs. 50,000 getting their image tarnished. Having understood this practical reality, the Ministry of Justice has taken action to address this issue.
This is a strange story. Why should a person plead guilty for an offence which he has not committed? How can a lawyer advise his client to plead guilty to an offence which he has never committed?
What are these cases in which the innocent people have pleaded guilty for offences which they have never committed and paid fines of Rs. 50,000 tarnishing their images? Before which Courts? Can the Ministry of Justice issue a list of these cases?
Why should they pay Rs. 50,000 in each of these cases? Rs. 50,000 is the maximum fine a Court can impose for any of these offences. As laid down in the Act, the penalty is a fine not exceeding Rs. 50,000. The Court has the discretion to impose a lesser fine. Depending on the circumstances of the case it may be a fine of Rs. 10,000, 20,000 or 25,000.
All these are false premises.
Archeological sites and antiquities in a country are the national historical heritage of the people of the country. Not only the present generation, but all the future generations also have an equal right to them. Destruction of archeological sites and antiquities will result in the destruction of the historical national heritage of the people of the country. It may be a deliberate attempt at turning the history of the country upside down by erasing historical evidence. It is worse than any act of destruction of environment.
If any forest is destroyed it can re-forested. But if an antiquity or an archeological site is destroyed it can never be restored to its previous condition. Bamian Buddha Statues destroyed by Talaiban in Afghanistan is a clear example. A replica may be erected in its place, but it has no historical or archeological value. Any change, alteration, removal or addition of parts in an antiquity or an archeological site will result in the diminution of its archeological value. That is why even commencing or carrying out any work of restoration, repair, alteration or addition in connection with any protected monument without a permit issued by the Commissioner General of Archeology has been made an offence punishable under the law and all offences under the Antiquities Ordinance have been made unbailable by any Court of law.
Frequently our media, both print and electronic, disclose incidents of destruction of antiquities and archeological sites throughout the country. Many of these incidents reported from the Northern and Eastern Provinces, are not acts of treasure hunters, but deliberate and planned acts of destruction of archeological sites by interested parties. Though hundreds of such incidents are reported, very seldom legal action is taken against the culprits due to lack of adequate resources in the Archeological Department and lethargy or insensitivity of the officials.
In the face of the threats currently posed, antiquities and archeological sites remain survived even to this extent due to the provision in S. 15C of the Ordinance that no person charged with or accused of an offence under the Antiquities Ordinance shall be released on bail by any Court. Even the Court of Appeal has no jurisdiction to release such a person on bail. If the Antiquities Ordinance is amended as proposed by the Ministry of Justice granting jurisdiction to Magistrate’s Courts to release on bail offenders charged with offences under the Antiquities Ordinance, any offender who has deliberately destroyed any priceless antiquity or archeological site will be able to obtain bail and go home on the day he was produced in Court itself. This will amount to giving an open license for the destruction of archeological heritage of our people. As the maximum fine that can be imposed is Rs. 50,000, any offender can pay the fine and get the license. By paying the fine he can get away after destroying any antiquity.
The Chief Legal Advisor to the Ministry of Justice has suggested to increase the penalties for the offence while granting jurisdiction to Magistrate’s Courts to release offenders on bail. If the offenders can get bail from the Magistrate’s Court when they are produced in Court, even if the amount of fine that can be imposed for the offence is increased to Rs. 500,000, that will not have any deterrent effect in preventing deliberate and planned activities of destruction of archeological sites in the North – East and other areas in the country.
If this amendment proposed by the Ministry of Justice is brought about that will seal the fate of all our unprotected antiquities and archeological sites. It will wide open the gates for destruction of our invaluable antiquities and archeological sites.as happened in the case of Devanagala, Kuragala and Vijithapura. No museum, antiquity or archeological site will remain safe thereafter.
It is an unshirkable duty and responsibility of the Government to protect this national heritage of our people for the posterity. It can be done not by relaxation of the laws enacted for the purpose protecting them, but by further strengthening the law against this destruction. If a mandatory minimum jail sentence coupled with a fine, such as imprisonment for a term not less than two years and not more than 5 years and a fine not less than Rs. 50,000, is laid down for the offences of theft of an antiquity and willfully destroying, injuring, damaging, defacing or tampering with an antiquity then the penalty may have a deterrent effect on persons prone to commit this type of offences. Persons committing these anti-national crimes must be kept in custody without bail till the conclusion of the trial as in the case of offences under the Prevention of Terrorism Act.
Features
The NPP Government is more than a JVP offspring:
It is also different from all past governments as it faces new and different challenges
No one knows whether the already broken ceasefire between the US and Iran, with Israel as a reluctant adjunct, will last the full 10 days, or what will come thereafter. The world’s economic woes are not over and the markets are yo-yoing in response to Trump’s twitches and Iran’s gate keeping at the Strait of Hormuz. The gloomy expert foretelling is that full economic normalcy will not return until the year is over even if the war were to end with the ceasefire. That means continuing challenges for Sri Lanka and more of the tough learning in the art of governing for the NPP.
The NPP government has been doing what most governments in Asia have been doing to cope with the current global crisis, which is also an Asian crisis insofar as oil supplies and other supply chains are concerned. What the government can and must do additionally is to be totally candid with the people and keep them informed of everything that it is doing – from monitoring import prices to the timely arranging of supplies, all the details of tender, the tracking of arrivals, and keeping the distribution flow through the market without bottlenecks. That way the government can eliminate upstream tender rackets and downstream hoarding swindles. People do not expect miracles from their government, only honest, sincere and serious effort in difficult circumstances. Backed up by clear communication and constant public engagement.
But nothing is going to stop the flow of criticisms against the NPP government. That is a fact of Sri Lankan politics. Even though the opposition forces are weak and have little traction and even less credibility, there has not been any drought in the criticisms levelled against the still fledgling government. These criticisms can be categorized as ideological, institutional and oppositional criticisms, with each category having its own constituency and/or commentators. The three categories invariably overlap and there are instances of criticisms that excite only the pundits but have no political resonance.
April 5 anniversary nostalgia
There is also a new line of criticism that might be inspired by the April 5 anniversary nostalgia for the 1971 JVP insurrection. This new line traces the NPP government to the distant roots of the JVP – its April 1965 founding “in a working-class home in Akmeemana, Galle” by a 22-year old Rohana Wijeweera and seven others; the short lived 1971 insurrection that was easily defeated; and the much longer and more devastating second (1987 to 1989) insurrection that led to the elimination of the JVP’s frontline leaders including Wijeweera, and brought about a change in the JVP’s political direction with commitment to parliamentary democracy. So far, so good, as history goes.
But where the nostalgic narrative starts to bend is in attempting a straight line connection from the 1965 Akmeemana origins of the JVP to the national electoral victories of the NPP in 2024. And the bend gets broken in trying to bridge the gap between the “founding anti-imperialist economics” of the JVP and the practical imperatives of the NPP government in “governing a debt-laden small open economy.” Yet this line of criticism differs from the other lines of criticism that I have alluded to, but more so for its moral purpose than for its analytical clarity. The search for clarity could begin with question – why is the NPP government more than a JVP offspring? The answer is not so simple, but it is also not too complicated.
For starters, the JVP was a political response to the national and global conditions of the 1960s and 1970s, piggybacking socialism on the bandwagon of ethno-nationalism in a bi-polar world that was ideologically split between status quo capitalism and the alternative of socialism. The NPP government, on the other hand, is not only a response to, but is also a product of the conditions of the 2010s and 2020s. The twain cannot be more different. Nothing is the same between then and now, locally and globally.
A pragmatic way to look at the differences between the origins of the JVP and the circumstances of the NPP government is to look at the very range of criticisms that are levelled against the NPP government. What I categorize as ideological criticisms include criticisms of the government’s pro-IMF and allegedly neo-liberal economic policies, as well as the government’s foreign policy stances – on Israel, on the current US-Israel war against Iran, the geopolitics of the Indian Ocean, and the apparent closeness to the Modi government in India. These criticisms emanate from the non-JVP left and Sinhala Buddhist nationalists.
Strands of nationalism
To digress briefly, there are several strands in the overall bundle of Sri Lankan nationalism. There is the liberal inclusive strand, the left-progressive strand, the exclusive Sinhala Buddhist Nationalist (SBN) strand, and the defensive strands of minority nationalisms. Given Sri Lanka’s historical political formations and alliances, much overlapping goes on between the different strands. The overlapping gets selective on an issue by issue basis, which in itself is not unwelcome insofar as it promotes plurality in place of exclusivity.
Historically as well, and certainly after 1956, the SBN strand has been the dominant strand of nationalism in Sri Lanka and has had the most influential say in every government until now. Past versions of the JVP frequently straddled the dominant SBN space. Currently, however, the dominant SBN strand is in one of its more dormant phases and the NPP government could be a reason for the current dormancy. This is an obvious difference between the old JVP and the new NPP.
A second set of criticisms, or institutional criticisms, emanate from political liberals and human rights activists and these are about the NPP government’s actions or non-actions in regard to constitutional changes, the future of the elected executive presidency, the status of provincial devolution and the timing of provincial council elections, progress on human rights issues, the resolution of unfinished postwar businesses including the amnesia over mass graves. These criticisms and the issues they represent are also in varying ways the primary concerns of the island’s Tamils, Muslims and the Malaiyaka (planntationn) Tamils. As with the overlapping between the left and the non-minority nationalists, there is also overlapping between the liberal activists and minority representatives.
A third category includes what might be called oppositional criticisms and they counterpose the JVP’s past against the NPP’s present, call into question the JVP’s commitment to multi-party democracy and raise alarms about a creeping constitutional dictatorship. This category also includes criticisms of the NPP government’s lack of governmental experience and competence; alleged instances of abuse of power, mismanagement and even corruption; alleged harassment of past politicians; and the failure to find the alleged mastermind behind the 2019 Easter bombings. At a policy and implementational level, there have been criticisms of the government’s educational reforms and electricity reforms, the responses to cyclone Ditwah, and the current global oil and economic crises. The purveyors of oppositional criticisms are drawn from the general political class which includes political parties, current and past parliamentarians, as well as media pundits.
Criticisms as expectations
What is common to all three categories of criticisms is that they collectively represent what were understood to be promises by the NPP before the elections, and have become expectations of the NPP government after the elections. It is the range and nature of these criticisms and the corresponding expectations that make the NPP government a lot more than a mere JVP offspring, and significantly differentiate it from every previous government.
The deliverables that are expected of the NPP government were never a part of the vocabulary of the original JVP platform and programs. The very mode of parliamentary politics was ideologically anathema to the JVP of Akmeemana. And there was no mention of or concern for minority rights, or constitutional reforms. On foreign policy, it was all India phobia without Anglo mania – a halfway variation of Sri Lanka’s mainstream foreign policy of Anglo mania and India phobia. For a party of the rural proletariat, the JVP was virulently opposed to the plantation proletariat. The JVP’s version of anti-imperialist economics would hardly have excited the Sri Lankan electorate at any time, and certainly not at the present time.
At the same time, the NPP government is also the only government that has genealogical antecedents to a political movement or organization like the JVP. That in itself makes the NPP government unique among Sri Lanka’s other governments. The formation of the NPP is the culmination of the evolution of the JVP that began after the second insurrection with the shedding of political violence, acceptance of political plurality and commitment to electoral democracy.
But the evolution was not entirely a process of internal transformation. It was also a response to a rapidly and radically changing circumstances both within Sri Lanka and beyond. This evolution has not been a rejection of the founding socialist purposes of the JVP in 1968, but their adaptation in the endless political search, under constantly changing conditions, for a non-violent, socialist and democratic framework that would facilitate the full development of the human potential of all Sri Lankans.
The burden of expectations is unmistakable, but what is also remarkable is their comprehensiveness and the NPP’s formal commitment to all of them at the same time. No previous government shouldered such an extensive burden or showed such a willing commitment to each and every one of the expectations. In the brewing global economic crisis, the criticisms, expectations and the priorities of the government will invariably be focussed on keeping the economy alive and alleviating the day-to-day difficulties of millions of Sri Lankan families. While what the NPP government can and must do may not differ much from what other Asian governments – from Pakistan to Vietnam – are doing, it could and should do better than what any and all past Sri Lankan governments did when facing economic challenges.
by Rajan Philips
Features
A Fragile Ceasefire: Pakistan’s Glory and Israel’s Sabotage
After threatening to annihilate one of the planet’s oldest civilizations, TACO* Trump chickened out again by grasping the ceasefire lifeline that Pakistan had assiduously prepared. Trump needed the ceasefire badly to stem the mounting opposition to the war in America. Israeli Prime Minister Netanyahu wanted the war to continue because he needed it badly for his political survival. So, he contrived a fiction and convinced Trump that Lebanon is not included in the ceasefire. Trump as usual may not have noticed that Pakistan’s Prime Minister Shehbaz Shariff had clearly indicated Lebanon’s inclusion in his announcement of the ceasefire at 7:50 PM, Tuesday, on X. Ten minutes before Donald Trump’s fake deadline.
True to form on Wednesday, Israel unleashed the heaviest assault by far on Lebanon, reportedly killing over 300 people, the highest single-day death toll in the current war. Iran responded by re-closing the Strait of Hormuz and questioning the need for talks in Islamabad over the weekend. There were other incidents as well, with an oil refinery attacked in Iran, and Iranian drones and missiles slamming oil and gas infrastructure in UAE, Saudi Arabia, Bahrain and Qatar.
The US tried to insist that Lebanon is not part of the ceasefire, with the argumentative US Vice President JD Vance, who was in Budapest, Hungary, campaigning for Viktor Orban, calling the whole thing a matter of “bad faith negotiation” as well as “legitimate misunderstanding” on the part of Iran, and warning Iran that “it would be dumb to jeopardise its ceasefire with Washington over Israel’s attacks in Lebanon.”
But as the attack in Lebanon drew international condemnation – from Pope Leo to UN Secretary General António Guterres, and several world leaders, and amidst fears of Lebanon becoming another Gaza with 1,500 people including 130 children killed and more than a million people displaced, Washington got Israel to stop its “lawn mowing” in southern Lebanon.
Prime Minister Benjamin Netanyahu agreed to “open direct negotiations with Lebanon as soon as possible,”. Lebanese President Joeseph Aoun has also called for “a ceasefire between Israel and Lebanon, followed by direct negotiations between them.” Israel’s involvement in Lebanon remains a wild card that threatens the ceasefire and could scuttle the talks between the US and Iran scheduled for Saturday in Islamabad.
Losers and Winners
After the ceasefire, both the Trump Administration and Iran have claimed total victories while the Israeli government wants the war to continue. The truth is that after more than a month into nonstop bombing of Iran, America and Israel have won nothing. Only Iran has won something it did not have when Trump and Netanyahu started their war. Iran now has not only a say over but control of the Strait of Hormuz. The ceasefire acknowledges this. Both Trump and Netanyahu are under fire in their respective countries and have no allies in the world except one another.
The real diplomatic winner is Pakistan. Salman Rushdie’s palimpsest-country has emerged as a key player in global politics and an influential mediator in a volatile region. Pakistan’s Prime Minister Shehbaz Sharif and Chief of Defence Field Marshal Asim Munir have both been praised by President Trump and credited for achieving the current ceasefire. The Iranian regime has also been effusive in its praise of Pakistan’s efforts.
It is Pakistan that persisted with the effort after initial attempts at backdoor diplomacy by Egypt, Pakistan and Türkiye started floundering. Sharing a 900 km border and deep cultural history with Iran, and having a skirmish of its own on the eastern front with Afghanistan, Pakistan has all the reason to contain and potentially resolve the current conflict in Iran. Although a majority Sunni Muslim country, Pakistan is home to the second largest Shia Muslim population after Iran, and is the easterly terminus of the Shia Arc that stretches from Lebanon. The country also has a mutual defense pact with Saudi Arabia that includes Pakistan’s nuclear cover for the Kingdom. An open conflict between Iran and Saudi Arabia would have put Pakistan in a dangerously awkward position.
It is now known and Trump has acknowledged that China had a hand in helping Iran get to the diplomatic table. Pakistan used its connections well to get Chinese diplomatic reinforcement. Pakistani Foreign Minister Ishaq Dar flew to Beijing to brief his Chinese counterpart and secured China’s public support for the diplomatic efforts. The visit produced a Five-Point Plan that became a sequel to America’s 15-point proposal and the eventual ten-point offer by Iran.
There is no consensus between parties as to which points are where and who is agreeing to what. The chaos is par for the course the way Donald Trumps conducts global affairs. So, all kudos to Pakistan for quietly persisting with old school toing and froing and producing a semblance of an agreement on a tweet without a parchment.
It is also noteworthy that Israel has been excluded from all the diplomatic efforts so far. And it is remarkable, but should not be surprising, the way Trump has sidelined Isreal from the talks. Prime Minister Netanyahu has been enjoying overwhelming support of Israelis for starting the war of his life against Iran and getting the US to spearhead it. But now the country is getting confused and is exposed to Iranian missiles and drones far more than ever before. The Israeli opposition is finally coming alive realizing what little has Netanyahu’s wars have achieved and at what cost. Israel has alienated a majority of Americans and has no ally anywhere else.
It will be a busy Saturday in Islamabad, where the US and Iranian delegations are set to meet. Iran would seem to have insisted and secured the assurance that the US delegation will be led by Vice President Vance, while including Trump’s personal diplomats – Steve Witkoff and son-in-law Jared Kushner. Iran has not announced its team but it is expected to be led, for protocol parity, by Iran’s Speaker Mohammad Bagher Ghalibaf, and will likely include its suave Foreign Minister Abbas Araghchi. Vice President Vance’s attendance will be the most senior US engagement with Iran since Secretary of State John Kerry negotiated the 2015 nuclear deal under President Obama.
The physical arrangements for the talks are still not public although Islamabad has been turned into a security fortress given the stakes and risks involved. The talks are expected to be ‘indirect’, with the two delegations in separate rooms and Pakistani officials shuttling between them. The status of Iran’s enriched uranium and the reopening of the Strait of Hormuz will be the major points of contention. After Netanyahu’s overreach on Wednesday, Lebanon is also on the short list
The 2015 nuclear deal (the Joint Comprehensive Action Plan) took months of negotiations and involved multiple parties besides the US and Iran, including China, France, Germany, UK, Russia and the EU. That served the cause of regional and world peace well until Trump tore up the deal to spite Obama. It would be too much to expect anything similar after a weekend encounter in Islamabad. But if the talks could lead to at least a permanent ceasefire and the return to diplomacy that would be a huge achievement.
(*As of 2025–2026, Donald Trump is nicknamed “TACO Trump” by Wall Street traders and investors as an acronym for “”. This term highlights a perceived pattern of him making strong tariff threats that cause market panic, only to later retreat or weaken them, causing a rebound.)
by Rajan Philips
Features
CIA’s hidden weapon in Iran
We are passing through the ten-day interregnum called a ceasefire over the War on Iran. The world may breathe briefly, but this pause is not reassurance—it is a deliberate interlude, a vacuum in which every actor positions for the next escalation. Iran is far from secure. Behind the veneer of calm, external powers and local forces are preparing, arming, and coordinating. The United States is unlikely to deploy conventional ground troops; the next moves will be executed through proxies whose behaviour will defy expectation. These insurgents are shaped, guided, and amplified by intelligence and technology, capable of moving silently, striking precisely, and vanishing before retaliation. The ceasefire is not peace—it is the prelude to disruption.
The Kurds, historically instruments of Tehran against Baghdad, are now vectors for the next insurgency inside Iran. This movement is neither organic nor local. It is externally orchestrated, with the CIA as the principal architect. History provides the blueprint: under Mohammad-Reza Shah Pahlavi, Kurdish uprisings were manipulated, never supported out of sympathy. They were instruments of leverage against Iraq, a way to weaken a rival while projecting influence beyond Iran’s borders. Colonel Isa Pejman, Iranian military intelligence officer who played a role in Kurdish affairs, recalled proposing support for a military insurgency in Iraq, only for the Shah to respond coldly: “[Mustafa] Barzani killed my Army soldiers… please forget it. The zeitgeist and regional context have been completely transformed.” The Kurds were pawns, but pawns with strategic weight. Pejman later noted: “When the Shah wrote on the back of the letter ‘Accepted’ to General Pakravan, I felt I was the true leader of the Kurdish movement.” The seeds planted then are now being activated under new, technologically empowered auspices.
Iran’s geographic vulnerabilities make this possible. The Shah understood the trap: a vast territory with porous borders, squeezed by Soviet pressure from the north and radical Arab states from the west. “We are in a really terrible situation since Moscow’s twin pincers coming down through Kabul and Baghdad surround us,” he warned Asadollah Alam. From Soviet support for the Mahabad Republic to Barzani’s dream of a unified Kurdistan, Tehran knew an autonomous Kurdish bloc could destabilize both Iraq and Iran. “Since the formation of the Soviet-backed Mahabad Republic, the Shah had been considerably worried about the Kurdish threat,” a US assessment concluded.
Today, the Kurds’ significance is operational, not symbolic. The CIA’s recent rescue of a downed F-15 airman using Ghost Murmur, a quantum magnetometry system, demonstrated the reach of technology in intelligence operations. The airman survived two days on Iranian soil before extraction. This was not a simple rescue; it was proof that highly mobile, technologically augmented operations can penetrate Iranian territory with surgical precision. The same logic applies to insurgency preparation: when individuals can be tracked through electromagnetic signatures, AI-enhanced surveillance, and drones, proxy forces can be armed, guided, and coordinated with unprecedented efficiency. The Kurds are no longer pawns—they are a living network capable of fracturing Iranian cohesion while providing deniability to foreign powers.
Iran’s engagement with Iraqi Kurds was always containment, not empowerment. The Shah’s goal was never Kurdish independence. “We do not approve an independent [Iraqi] Kurdistan,” he stated explicitly. Yet their utility as instruments of regional strategy was undeniable. The CIA’s revival of these networks continues a long-standing pattern: insurgent groups integrated into the wider calculus of international power. Israel, Iran, and the Kurds formed a triangular strategic relationship that terrified Baghdad. “For Baghdad, an Iranian-Israeli-Kurdish triangular alliance was an existential threat,” contemporary reports noted. This is the template for modern manipulation: a networked insurgency, externally supported, capable of destabilizing regimes from within while giving foreign powers plausible deniability.
Iran today faces fragility. Years of sanctions, repression, and targeted strikes have weakened educational and scientific hubs; Sharif University in Tehran, one of the country’s leading scientific centres, was bombed. Leaders, scholars, and innovators have been eliminated. Military readiness is compromised. Generations-long setbacks leave Iran exposed. Against this backdrop, a Kurdish insurgency armed with drones, AI-supported surveillance, and precision munitions could do more than disrupt—it could fracture the state internally. The current ten-day ceasefire is a mirage; the next wave of revolt is already being orchestrated.
CIA involvement is deliberate. Operations are coordinated with allied intelligence agencies, leveraging Kurdish grievances, mobility, and ethnolinguistic networks. The Kurds’ spread across Iran, Iraq, Turkey, and Syria provides operational depth—allowing insurgents to strike, vanish, and regroup with impunity. Barzani understood leverage decades ago: “We could be useful to the United States… Look at our strategic location on the flank of any possible Soviet advance into the Middle East.” Today, the calculation is inverted: Kurds are no longer instruments against Baghdad; they are potential disruptors inside Tehran itself.
Technology is central. Ghost Murmur’s ability to detect a single heartbeat remotely exemplifies how intelligence can underpin insurgent networks. Drones, satellite communications, AI predictive modeling, and battlefield sensors create an infrastructure that can transform a dispersed Kurdish insurgency into a high-precision operation. Iran can no longer rely on fortifications or loyalty alone; the external environment has been recalibrated by technology.
History provides the roadmap. The Shah’s betrayal of Barzani after the 1975 Algiers Agreement demonstrated that external actors can manipulate both Iranian ambitions and Kurdish loyalties. “The Shah sold out the Kurds,” Yitzhak Rabin told Kissinger. “We could not station our troops there and keep fighting forever,” the Shah explained to Alam. The Kurds are a pivot, not a cause. Networks once acting under Tehran’s influence are now being repurposed against it.
The insurgency exploits societal fissures. Kurdish discontent in Iran, suppressed for decades, provides fertile ground. Historical betrayal fuels modern narratives: “Barzani claimed that ‘Isa Pejman sold us out to the Shah and the Shah sold us out to the US.’” Intelligence agencies weaponize these grievances, pairing them with training, technological augmentation, and covert support.
Geopolitically, the stakes are immense. The Shah’s defensive-offensive doctrine projected Iranian influence outward to neutralize threats. Today, the logic is inverted: the same networks used to contain Iraq are being readied to contain Iran. A technologically augmented Kurdish insurgency, covertly backed, could achieve in months what decades of sanctions, diplomacy, or repression have failed to accomplish.
The operation will be asymmetric, high-tech, and dispersed. UAVs, quantum-enhanced surveillance, encrypted communications, and AI-directed logistics will dominate. Conventional Iranian forces are vulnerable to this type of warfare. As Pejman reflected decades ago, “Our Army was fighting there, rather than the Kurds who were harshly defeated… How could we keep such a place?” Today, the challenge is magnified by intelligence superiority on the insurgents’ side.
This is not a temporary flare-up. The CIA and its allies are constructing a generational network of influence. Experience from Iraq, Syria, and Lebanon proves these networks endure once operationalised. The Shah recognized this: “Iran’s non-state foreign policy under the Shah’s reign left a lasting legacy for the post-Revolution era.” Today, those instruments are being remade as vectors of foreign influence inside Iran.
The future is stark. Iran faces not simply external threats, but a carefully engineered insurgency exploiting historical grievances, technological superiority, and precise intelligence. The Kurds are central. History, technology, and geopolitical calculation converge to create a transformative threat. Tehran’s miscalculations, betrayals, and suppressed grievances now form the lattice for this insurgency. The Kurds are positioned not just as an ethnic minority, but as a vector of international strategy—Tehran may be powerless to stop it.
Iran’s containment strategies have been weaponized, fused with technology, and inverted against it. The ghosts of Barzani’s Peshmerga, the shadows of Algiers, and the Shah’s strategic vision now converge with Ghost Murmur, drones, and AI. Tehran faces a paradox: the instruments it once controlled are now calibrated to undermine its authority. The next Kurdish revolt will not only fight in the mountains but in the electromagnetic shadows where intelligence operates, consequences are lethal, and visibility is scarce.
by Nilantha Ilangamuwa
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