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Protection of Occupants Bill: Good, Bad and Ugly

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I.Protection of Occupants Bill: The government has introduced two Bills, namely, the Rent (Repeal) Bill and the Protection of Occupants Bill which – if enacted – will have the effect of radically reforming the rent laws of our country. These two Bills were gazetted in September 2025 and tabled in Parliament on 20th January, 2026. Although several petitions were filed before the Supreme Court, challenging the constitutionality of these Bills, the Attorney-General informed the court that the two Bills would not be proceeded with in their present form, but would, instead, be referred to an expert committee for consideration. Accordingly, the petitions were withdrawn and the Supreme Court informed the Speaker that no formal determination would be made on the constitutionality of the said Bills in their present form. In parallel to these legal developments, the Ministry of Justice and National Integration has requested the members of the public to submit their comments, suggestions, or proposals regarding these Bills by 04th March, 2026. The Minister of Justice has also assured that he would not take any steps in relation to the two Bills until this consultative process is completed. Therefore, a clear need and opportunity has arisen for a vibrant public discussion on the proposed legislation. The purpose of this lecture is to contribute to this discussion by assessing the strengths and weaknesses of the two Bills in light of their historical, political, social and economic context.

II. The Rent Act and its objective

The Rent Act No. 7 of 1972 is a landmark piece of legislation which was introduced by Mr. Pieter Keuneman, the Minster of Housing at the time. The purpose of the Act was to confer significant protection on tenants through means such as restricting the increase of rent, giving security of tenure for the tenant and formalising the process of ejectment. The Rent Act of 1972 was a bold response to the lived realities of law in society. From a doctrinal perspective, the formation of a valid contract requires animus contrahendi (the intention to enter into a contract). However, it is widely acknowledged that parties to a contact may not be equal in terms of bargaining strength. One party may be stronger than the other, both economically and socially. In such situations, the function of the law is to protect the weaker party in his dealings with the stronger party. The assumption underlying the Rent Act was that the landlord was in a far stronger position than the tenant. Thus, the law was utilised to protect the interests of the more vulnerable party, namely the tenant. This objective of the Rent Act also closely aligned with the personal philosophy of Mr. Keuneman who was a prominent member of the Communist Party, of Sri Lanka. While the Rent Act was subsequently amended in 1976, 1977, 1980 and 2002, the original legislative scheme which safeguarded the rights of the tenants remained intact. What is proposed under the Protection of Occupants Bill, however, is a fundamental departure from the premises of that law.

III. Protection of Occupants Bill: An Overview

A close comparison between the Rent Act and the Protection of Occupants Bill shows that the safeguards afforded to the occupants under the latter (Clauses 3 (a), (b) and 4) are almost identical to the provisions of the former (Sections 13(1), 15 and 16). They both prevent the landlord from discontinuing or withholding the amenities previously provided to the tenant; damaging the premises to induce or compel the tenant to vacate the premises; and refusing to maintain the premises in proper condition. Yet, there is one crucial difference between the Rent Act and the Protection of Occupants Bill in relation to these safeguards. The rights and privileges enjoyed by a tenant under the Rent Act are not absolute. The tenant is being protected by the law only so long as he is complying with the terms and conditions of the tenancy agreement. The 1972 Act, therefore, operates on the assumption that a tenant is honouring his contractual obligations while enjoying the rights under the Act. The conditional nature of these safeguards is amply evident from the provisions of the Act.

For example, section 15 of the Rent Act prevents the landlord from discontinuing amenities provided to the tenant ‘without reasonable cause’. Thus, the landlord is not prevented from discontinuing the amenities at all times but only without reasonable cause. The breach of the contractual obligations by the tenant would surely constitute a reasonable cause for the landlord to discontinue the amenities provided by him to the tenant. By contrast, the language used in the Protection of Occupants Bill does not indicate any limitations on the exercise of the safeguards afforded by the Bill except the preliminary requirement under clause 2 that undisturbed and uninterrupted occupation for three months is necessary for the application of the Bill. In other words, any person who has been in lawful occupation of premises for three months acquires an accrued right to enjoy the safeguards mentioned in the Bill unless he is stopped from doing so by a court order.

Consequently, even if the tenancy agreement between landlord and tenant may have come to an end or the tenant may be in breach of the terms of the agreement, or he is using the premises for a completely different purpose, his rights and privileges remain unaffected. Recourse to the judicial process is the only avenue available for the landlord to revoke the safeguards given to the tenant even when the latter has blatantly breached the terms of his contract. Reciprocity and mutuality are the fundamental concepts that underlie the Rent Act, as the tenant’s protection under that Act is dependent on the reciprocity of obligations. Protection of Occupants Bill, on the other hand, provides a unilateral framework for the tenants to assert their rights without paying due regard to the interests of the landlord.

It is also important to mention, at this point, that the Protection of Occupants Bill makes an artificial and unjustifiable difference between the right of a tenant not to be ejected and the other safeguards provided to him under the Bill. In terms of clause 5, the landlord shall not eject an occupant in contravention of the terms and conditions of the lease agreement, or tenancy agreement. The necessary implication of this clause is that the landlord can eject an occupant in terms of the agreement between him and the tenant. Such a caveat is absent in the other provisions of the Bill that deal with the rights of an occupant.

Accordingly, there is a blanket prohibition on the landlord in discontinuing or withholding the amenities previously provided to the occupant or refusing to maintain the premises in proper condition. The landlord cannot take these actions even as per the agreement to which the tenant himself has given his consent. Apart from the absence of a rational basis to require the landlord to follow the tenancy agreement in ejecting a tenant but then to prevent him from doing the same with regard to the other less severe actions that he can resort to when the tenant is in breach of the contract, such a distinction also creates unfairness and inequality. Ejection of a tenant requires manpower and therefore, monetary resources as well. While a landlord who is capable of affording personnel to eject his tenant is benefited under the Bill, a landlord with modest means is left with no options other than a lengthy and cumbersome judicial process even when it is abundantly clear that his tenant is in violation of the tenancy agreement.

IV. Internal Inconsistencies in the Bill

The Protection of Occupants Bill is also poorly drafted and, thus, contains several internal inconsistencies. For example, clause 2 of the Bill provides that a person must be ‘in lawful occupation of a premises’ for him to invoke the provisions of the Bill. The term ‘occupation’ is defined in clause 13 which states that a person can be in occupation of a premises only ‘with the consent of the landlord.’ If a landlord has taken the actions mentioned above, such as discontinuing the amenities, the ‘aggrieved occupant’ is entitled to institute an action in a Court,

seeking the reliefs specified in that clause. Paradoxically, however, when a person goes to the Court to institute such actions, he is no longer ‘an occupant’ because all the eventualities against which a court order can be obtained, such as discontinuing amenities, refusing to maintain the premises, damaging the property, or ejecting the occupant, give an unmistakable indication that the person affected does not have the consent of the landlord to stay in the premises anymore. The withdrawal of the landlord’s consent is the irresistible conclusion that can be drawn from the aforementioned actions or omissions. Therefore, according to the definition of ‘occupation’ in clause 13, no person, who has faced the resistance of the landlord in the manner described in the Bill, can institute an action before the Court as he is no longer an ‘occupant’ with the landlord’s consent to stay in the premises.

V. A flawed rationale?

In addition to these structural flaws in the Protection of Occupants Bill, the rationale behind the same can also be questioned. It seems that the aim of the Bill is to bridge the gap between Haves and Have nots. It is assumed that the tenant is weaker than the landlord, both economically and socially. Thus, the Bill seeks to protect the rights of the weaker party i.e. the tenant from the arbitrary actions of the landlord. This is an extension of the political philosophy that influenced Mr. Keuneman to introduce the Rent Act. However, due to the unqualified protection given to the tenant, under the proposed new law, there is a serious question as to whether this political philosophy can truly be realised if the Bill is to be enacted in its present form. Suppose that there is a government servant who wants to build a house for his daughter. He may not be rich but manages to buy a land and build a house for his daughter with his salary. He may also want to rent the house until the daughter is married and collect the rent for his daughter’s marriage.

If the tenant, who lives in this house, stops paying the rent and also refuses to leave the property, there is nothing that this government servant can do except seeking a court order to eject him by spending more money and engaging in a lengthy trial that may take years to reach a final determination on the matter. He, of course, does not have the manpower to eject the tenant, but the Bill prevents him from engaging in unharmful actions, such as discontinuing amenities or refusing to maintain the premises, as well. He cannot collect the rent nor can he give the property to his daughter. In such a situation, the landlord becomes the victim as the Protection of Occupants Bill enables the tenant to abuse his rights. The theory of haves and have nots, which is supposed to be promoted by the Bill, breaks down at this point. The assumption that the have nots will be protected by this Act when they are pitted against the haves is simply not borne out when the provisions of the Bill are subject to pragmatic considerations of this kind.

VI. Impact on Banks

The Protection of Occupants Bill will also have a negative impact on the banking system of our country. Landlords often put their houses up as collateral for bank loans. Under the Recovery of loans by Banks (Special Provisions) Act No. 4 of 1990, the bank is empowered to sell such property at a public auction if the landlord fails to pay the money back to the bank, with the stipulated interest. It will be extremely difficult for the bank to exercise this right if the Protection of Occupants Bill is enacted without any amendments. Under the provisions of the Bill, a tenant may refuse to leave the premise, despite the breach of his contractual obligations. The bank then cannot sell the property with a tenant as it lacks vacua possessio (vacant possession). In any event, no person will buy a house with a tenant, specially when he knows that the presence of the tenant cannot be resisted under the proposed law. Thus, the bank loses its money due to its inability to sell the collateral and by extension, the members of the public, who deposited their money in the bank, will also suffer that loss.

VII. Impact on Condominium Property

With the increase of population in the urban areas, condominium property has become a convenient option for people who are looking for housing in major cities like Colombo, Kandy and Galle. Unfortunately, the Protection of Occupants Bill is bound to have a detrimental impact on at least three parties in a condominium. First, if the tenant of an apartment in the condominium does not pay his rent, the landlord, who owns the condominium, and expects to earn a certain profit from it, is undoubtedly affected. If a considerable number of tenants refuse to pay the rent, it will be difficult for the landlord to continue with his business. Second, in every condominium complex, there is a management committee which looks after the amenities and other facilities given to the apartments in that complex. However, if a tenant breaches the terms of his contract, the managers will be in a precarious position where they are compelled, under the proposed law, to provide those facilities to someone who has not honoured his contractual obligations towards to the maintenance of the condominium. Finally, the other residents in the condominium complex will be subject to grave injustice as there is a tenant who is immune from any deterrence for the breach of his contract while they continue to pay the rent and fulfil other obligations. Therefore, the condominium industry will severely be affected in multiple ways if the Protection of Occupants Bill is enacted in its current form.

VIII. Judicial process

The proponents of the Bill argue that the aim of the Bill is simply to formalise the actions that can be taken by the landlord when the tenant is in breach of the terms of his contract. It is, therefore, pointed out that if a tenant goes to the Court against the actions of the landlord, such as discontinuing the amenities or refusing to maintain the premises in proper condition, the latter can justify his actions by referring to the breach of the tenancy agreement. In fact, clause 7 (4) lays down time limits for the completion of cases that arise under the proposed legislation. In an uncontested case, the Court is required to deliver the final judgment within 3 months and if the claims of the occupant are contested by the landlord, 9 months are given for the completion of the case. What these provisions seem to have overlooked is the backlog of cases in District Courts which will be dealing with such cases if the Bill is enacted. It is highly doubtful whether these time limits can be adhered to by the District Courts in the midst of other civil actions, such as testamentary cases, divorce cases and property disputes which occupy a significant portion of the Courts’ daily schedule. In any event, a person aggrieved by an order of the court can appeal and no time limits have been prescribed for the appeal process. Most importantly, under clause 6(2), an occupant can obtain interim relief to maintain the status quo of the premises. The effect of this provision is that even an occupant, who is in breach of his contract, can obtain an interim order to maintain the status quo and thereby prevent the landlord from enforcing the contract until the completion of the case. It is convenient for the lawmakers to lay down time limits for cases in a statute but as the previous experiences have shown, the implementation of such limits, in practice, is exceedingly difficult.

IX. Social Impact

The Protection of Occupants Bill is likely to have a catastrophic impact on the social fabric of our country. With all the above hazards discussed above, nobody will buy a house and rent it out anymore. Renting a house, under the proposed legislation, will become a considerable risk which only very few people will be prepared to take. Consequently, there will be a drastic reduction of the housing stock and the number of houses and apartments available will fall drastically. In response, there will be an inevitable rise in rent values. The objective of the Bill to protect the rights of the tenants is most certainly commendable. However, the function of the law is to balance competing interests in society without conferring undue advantage or disadvantage on a particular social group. As former Dean of the Harvard Law School, Roscoe Pound, has argued, making of law is an exercise in social engineering. Law must balance different interests in society and come up with an equitable solution. However, the proposed legislation leads to unfairness towards landlords, banks, dispositors and several parties in condominiums. From all these perspectives, impact of the proposed legislation is negative. The cumulative effect of all these consequences makes the Protection of Occupants Bill a counter-productive law which fails to achieve its purpose. Therefore, significant amendments are required before the proposed Bill is enacted into law.

Guest lecture delivered in the Faculty of Law, University of Colombo,
by Emeritus Professor G. L. Peiris
on 16 February, 2026



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Features

A World Order in Crisis: War, Power, and Resistance

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Article 2(4) of the United Nations Charter prohibits member states from using threats or force against the territorial integrity or political independence of any state. Violating international law, the United States and Israel attacked Iran on February 28, 2026. The ostensible reason for this unprovoked aggression was to prevent Iran from developing a nuclear weapon.

The United States is the first and only country to have used nuclear weapons in war, against Japan in August 1945. Some officials in Israel have threatened to use a “doomsday weapon” against Gaza. On March 14, David Sacks, billionaire venture capitalist and AI and crypto czar in the Trump administration, warned that Israel may resort to nuclear weapons as its war with Iran spirals out of control and the country faces “destruction.”

Although for decades Iran’s Supreme Leader, Ali Khamenei, opposed nuclear weapons on religious grounds, in the face of current existential threats it is likely that Iran will pursue their development. On March 22, the head of the WHO warned of possible nuclear risks after nuclear facilities in both Iran and Israel were attacked. Indeed, will the current war in the Middle East continue for months or years, or end sooner with the possible use of a nuclear weapon by Israel or the United States?

Widening Destruction

Apart from the threat of nuclear conflagration—and what many analysts consider an impending ground invasion by American troops—extensive attacks using bombs, missiles, and drones are continuing apace, causing massive loss of life and destruction of resources and infrastructure. US–Israel airstrikes have killed Ayatollah Ali Khamenei and top Iranian officials. Countless civilians have died, including some 150 girls in a primary school in Minab, in what UNESCO has called a “grave violation of humanitarian law.” Moreover, the targeting of desalination plants by both sides could severely disrupt water supplies across desert regions.

Iran’s retaliatory attacks on United States military bases in Persian Gulf countries have disrupted global air travel. Even more significantly, Iran’s closure of the Strait of Hormuz—the critical maritime energy chokepoint through which 20% of global oil and liquefied natural gas pass daily—has blocked the flow of energy supplies and goods, posing a severe threat to the fossil fuel–driven global economy. A global economic crisis is emerging, with soaring oil prices, power shortages, inflation, loss of livelihoods, and deep uncertainty over food security and survival.

The inconsistent application of international law, along with structural limitations of the United Nations, erodes trust in global governance and the moral authority of Western powers and multilateral institutions. Resolution 2817 (2026), adopted by the UN Security Council on March 12, condemns Iran’s “egregious attacks” against its neighbours without any condemnation of US–Israeli actions—an imbalance that underscores this concern.

The current crisis is exposing fault lines in the neo-colonial political, economic, and moral order that has been in place since the Second World War. Iran’s defiance poses a significant challenge to longstanding patterns of intervention and regime-change agendas pursued by the United States and its allies in the Global South. The difficulty the United States faces in rallying NATO and other allies also reflects a notable geopolitical shift. Meanwhile, the expansion of yuan-based oil trade and alternative financial settlement mechanisms is weakening the petrodollar system and dollar dominance. Opposition within the United States—including from segments of conservatives and Republicans—signals growing skepticism about the ideological and moral basis of a US war against Iran seemingly driven by Israel.

A New World Order?

The unipolar world dominated by the United States—rooted in inequality, coercion, and militarism—is destabilising, fragmenting, and generating widespread chaos and suffering. Challenges to this order, including from Iran, point toward a fragmented multipolar world in which multiple actors possess agency and leverage.

The BRICS bloc—Brazil, Russia, India, China, South Africa, along with Iran, the UAE, and other members—represents efforts to create alternative economic and financial systems, including development banks and reserve currencies that challenge Western financial dominance.

However, is BRICS leading the world toward a much-needed order, based on equity, partnership, and peace? The behaviour of BRICS countries during the current crisis does not indicate strong collective leadership or commitment to such principles. Instead, many appear to be leveraging the situation for national advantage, particularly regarding access to energy supplies.

A clear example of this opportunism is India, the current head of the BRICS bloc. Historically a leader of non-alignment and a supporter of the Palestinian cause, India now presents itself as a neutral party upholding international law and state sovereignty. However, it co-sponsored and supported UN Security Council Resolution 2817 (2026), which condemns only Iran.

India is also part of the USA–Israel–India–UAE strategic nexus involving defence cooperation, technology sharing, and counterterrorism. Additionally, it participates in the Quadrilateral Security Dialogue (QUAD) with the United States, Japan, and Australia, aimed at countering China’s growing influence. In effect, despite its leadership role in BRICS, India is closely aligned with the United States, raising questions about its ability to offer independent leadership in shaping a new world order.

As a group, BRICS does not fundamentally challenge corporate hegemony, the concentration of wealth among a global elite, or entrenched technological and military dominance. While it rejects aspects of Western geopolitical hierarchy, it largely upholds neoliberal economic principles: competition, free trade, privatisation, open markets, export-led growth, globalisation, and rapid technological expansion.

The current Middle East crisis underscores the need to question the assumption that globalisation, market expansion, and technological growth are the foundations of human well-being. The oil and food crises, declining remittances from Asian workers in the Middle East, and reduced tourism due to disruptions in the Strait of Hormuz and regional airspace all highlight the fragility of global interdependence.

These conditions call for consideration of alternative frameworks—bioregionalism, import substitution, local control of resources, food and energy self-sufficiency, and renewable energy—in place of dependence on imported fossil fuels and global supply chains.

Both the Western economic model and its BRICS variant continue to prioritise techno-capitalist expansion and militarism, despite overwhelming evidence linking these systems to environmental destruction and social inequality. While it is difficult for individual countries to challenge this dominant model, history offers lessons in collective resistance.

Collective Resistance

One of the earliest examples of nationalist economic resistance in the post-World War II period was the nationalisation of the Anglo-Iranian Oil Company and the creation of the National Iranian Oil Company in 1951 under Prime Minister Mohammad Mosaddegh. He was overthrown on August 19, 1953, in a coup orchestrated by the US CIA and British intelligence (MI6), and Shah Mohammad Reza Pahlavi was installed to protect Western oil interests.

A milestone for decolonisation occurred in Egypt in 1956, when President Gamal Abdel Nasser nationalised the Suez Canal Company. Despite military intervention by Israel, the United Kingdom, and France, Nasser retained control, emerging as a symbol of Arab and Third World nationalism.

Following political independence, many former colonies sought to avoid entanglement in the Cold War through the Non-Aligned Movement (NAM), officially founded in Belgrade in 1961. Leaders including Josip Broz Tito, Jawaharlal Nehru, Gamal Abdel Nasser, Kwame Nkrumah, Sukarno, and Sirimavo Bandaranaike promoted autonomous development paths aligned with national priorities and cultural traditions.

However, maintaining economic sovereignty proved far more difficult. Patrice Lumumba, the first democratically elected Prime Minister of the Democratic Republic of the Congo, was assassinated in 1961 with the involvement of US and Belgian interests after attempting to assert control over national resources. Kwame Nkrumah was similarly overthrown in a US-backed coup in 1966.

In Tanzania, Julius Nyerere’s Ujamaa (“African socialism”) sought to build community-based development and food security, but faced both internal challenges and external opposition, ultimately limiting its success and discouraging similar efforts elsewhere.

UN declarations from the 1970s reflect Global South resistance to the Bretton Woods system. Notably, the 1974 Declaration on the Establishment of a New International Economic Order (Resolution 3201) called for equitable cooperation between developed and developing countries based on dignity and sovereign equality.

Today, these declarations are more relevant than ever, as Iran and other Global South nations confront overlapping crises of economic instability, neocolonial pressures, and intensifying geopolitical rivalry. Courtesy: Inter Press Service

by Dr. Asoka Bandarage

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Neutrality in the context of geopolitical rivalries

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President Dissanayake in Parliament

The long standing foreign policy of Sri Lanka was Non-Alignment. However, in the context of emerging geopolitical rivalries, there was a need to question the adequacy of Non-Alignment as a policy to meet developing challenges. Neutrality as being a more effective Policy was first presented in an article titled “Independence: its meaning and a direction for the future” (The Island, February 14, 2019). The switch over from Non-Alignment to Neutrality was first adopted by former President Gotabaya Rajapaksa and followed through by successive Governments. However, it was the current Government that did not miss an opportunity to announce that its Foreign Policy was Neutral.

The policy of Neutrality has served the interests of Sri Lanka by the principled stand taken in respect of the requests made by two belligerents associated with the Middle East War. The justification for the position adopted was conveyed by President Anura Kumara Dissanayake to Parliament that Iran had made a formal request on February 26 for three Iranian naval ships to visit Sri Lanka, and on the same evening, the United States also requested permission for two war planes to land at Mattala International Airport. Both requests were denied on grounds of maintaining “our policy of neutrality”.

WHY NEUTRALITY

Excerpts from the article cited above that recommended Neutrality as the best option for Sri Lanka considering the vulnerability to its security presented by its geographic location in the context of emerging rivalries arising from “Pivot to Asia” are presented below:

“Traditional thinking as to how small States could cope with external pressures are supposed to be: (1) Non-alignment with any of the major centers of power; (2) Alignment with one of the major powers thus making a choice and facing the consequences of which power block prevails; (3) Bandwagoning which involves unequal exchange where the small State makes asymmetric concessions to the dominant power and accepts a subordinate role of a vassal State; (4) Hedging, which attempts to secure economic and security benefits of engagement with each power center: (5) Balancing pressures individually, or by forming alliances with other small States; (6) Neutrality”.

Of the six strategies cited above, the only strategy that permits a sovereign independent nation to charter its own destiny is neutrality, as it is with Switzerland and some Nordic countries. The independence to self-determine the destiny of a nation requires security in respect of Inviolability of Territory, Food Security, Energy Security etc. Of these, the most critical of securities is the Inviolability of Territory. Consequently, Neutrality has more relevance to protect Territorial Security because it is based on International Law, as opposed to Non-Alignment which is based on principles applicable to specific countries that pledged to abide by them

“The sources of the international law of neutrality are customary international law and, for certain questions, international treaties, in particular the Paris Declaration of 1856, the 1907 Hague Convention No. V respecting the Rights and Duties of Neutral Powers and Persons in Case of War on Land, the 1907 Hague Convention No. XIII concerning the Rights and Duties of Neutral Powers in Naval War, the four 1949 Geneva Conventions and Additional Protocol I of 1977” (ICRC Publication on Neutrality, 2022).

As part of its Duties a Neutral State “must ensure respect for its neutrality, if necessary, using force to repel any violation of its territory. Violations include failure to respect the prohibitions placed on belligerent parties with regard to certain activities in neutral territory, described above. The fact that a neutral State uses force to repel attempts to violate its neutrality cannot be regarded as a hostile act. If the neutral State defends its neutrality, it must however respect the limits which international law imposes on the use of force. The neutral State must treat the opposing belligerent States impartially. However, impartiality does not mean that a State is bound to treat the belligerents in exactly the same way. It entails a prohibition on discrimination” (Ibid).

“It forbids only differential treatment of the belligerents which in view of the specific problem of armed conflict is not justified. Therefore, a neutral State is not obliged to eliminate differences in commercial relations between itself and each of the parties to the conflict at the time of the outbreak of the armed conflict. It is entitled to continue existing commercial relations. A change in these commercial relationships could, however, constitute taking sides inconsistent with the status of neutrality” (Ibid).

THE POTENTIAL of NEUTRALITY

It is apparent from the foregoing that Neutrality as a Policy is not “Passive” as some misguided claim Neutrality to be. On the other hand, it could be dynamic to the extent a country chooses to be as demonstrated by the actions taken recently to address the challenges presented during the ongoing Middle East War. Furthermore, Neutrality does not prevent Sri Lanka from engaging in Commercial activities with other States to ensuring Food and Energy security.

If such arrangements are undertaken on the basis of unsolicited offers as it was, for instance, with Japan’s Light Rail Project or Sinopec’s 200,000 Barrels a Day Refinery, principles of Neutrality would be violated because it violates the cardinal principle of Neutrality, namely, impartiality. The proposal to set up an Energy Complex in Trincomalee with India and UAE would be no different because it restricts the opportunity to one defined Party, thus defying impartiality. On the other hand, if Sri Lanka defines the scope of the Project and calls for Expressions of Interest and impartially chooses the most favourable with transparency, principles of Neutrality would be intact. More importantly, such conduct would attract the confidence of Investors to engage in ventures impartial in a principled manner. Such an approach would amount to continue the momentum of the professional approach adopted to meet the challenges of the Middle East War.

CONCLUSION

The manner in which Sri Lanka acted, first to deny access to the territory of Sri Lanka followed up by the humanitarian measures adopted to save the survivors of the torpedoed ship, earned honour and respect for the principled approach adopted to protect territorial inviolability based on International provisions of Neutrality.

If Sri Lanka continues with the momentum gained and adopts impartial and principled measures recommended above to develop the country and the wellbeing of its Peoples, based on self-reliance, this Government would be giving Sri Lanka a new direction and a fresh meaning to Neutrality that is not passive but dynamic.

by Neville Ladduwahetty

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Lest we forget

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Dr. Mohammad Mosaddegh

The interference into affairs of other nations by the USA’s Central Intelligence Agency (CIA) started in 1953, six years after it was established. The Anglo-Iranian Oil Company supplied Britain with most of its oil during World War I. In fact, Winston Churchill once declared: “Fortune brought us a prize from fairyland beyond our wildest dreams.”

When in 1951 Dr. Mohammad Mosaddegh was reluctantly appointed as Prime Minister by the Shah of Iran, whose role was mostly ceremonial, he convinced Parliament that the oil company should be nationalised.

Mohammed Mosaddegh

Mosaddegh said: “Our long years of negotiations with foreign companies have yielded no result thus far. With the oil revenues we could meet our entire budget and combat poverty, disease and backwardness of our people.”

It was then that British Intelligence requested help from the CIA to bring down the Iranian regime by infiltrating their communist mobs and the army, thus creating disorder. An Iranian oil embargo by the western countries was imposed, making Iranians poorer by the day. Meanwhile, the CIA’s strings were being pulled by Kermit Roosevelt (a grandson of former President Theodore Roosevelt), according to declassified intelligence information.

Although a first coup failed, the second attempt was successful. General Fazlollah Zahedi, an Army officer, took over as Prime Minister. Mosaddegh was tried and imprisoned for three years and kept under house arrest until his death. Playing an important role in the 1953 coup was a Shia cleric named Ayatollah Abol-Ghasem Mostafavi-Kashani. He was previously loyal to Mosaddegh, but later supported the coup. One of his successors was Ayatollah Ruhollah Mostafavi Musavi Khomeini, who engineered the Islamic Revolution in 1979. Meanwhile, in 1954 the Anglo-Iranian Oil Company had been rebranded as British Petroleum (BP).

Map of the Middle East

When the Iran-Iraq war broke out (September 1980 to August 1988), the Persian/Arabian Gulf became a hive of activity for American warships, which were there to ensure security of the Gulf and supertankers passing through it.

CIA-instigated coup in Iran in 1953 Dr. Mohammad Mosaddegh

The Strait of Hormuz, the only way in and out of the Gulf, is administered by Oman and Iran. While there may have been British and French warships in the region, radio ‘chatter’ heard by aircraft pilots overhead was always from the US ships. In those days, flying in and out of the Gulf was a nerve-wracking experience for airline pilots, as one may suddenly hear a radio call on the common frequency: “Aircraft approaching US warship [name], identify yourself.” One thing in the pilots’ favour was that they didn’t know what ships they were flying over, so they obeyed only the designated air traffic controller. Sometimes though, with unnecessarily distracting American chatter, there was complete chaos, resulting in mistaken identities.

Air Lanka Tri Star

Once, Air Lanka pilots monitored an aircraft approaching Bahrain being given a heading to turn on to by a ship’s radio operator. Promptly the air traffic controller, who was on the same frequency, butted in and said: “Disregard! Ship USS Navy [name], do you realise what you have just done? You have turned him on to another aircraft!” It was obvious that there was a struggle to maintain air traffic control in the Gulf, with operators having to contend with American arrogance.

On the night of May 17, 1987, USS Stark was cruising in Gulf waters when it was attacked by a Dassault Mirage F1 jet fighter/attack aircraft of the Iraqi Air Force. Without identifying itself, the aircraft fired two Exocet missiles, one of which exploded, killing 37 sailors on board the American frigate. Iraq apologised, saying it was a mistake. The USA graciously accepted the apology.

Then on July 3, 1988 the high-tech, billion-dollar guided missile cruiser USS Vincennes, equipped with advanced Aegis weapons systems and commanded by Capt. Will Rogers III, was chasing two small Iranian gun boats back to their own waters when an aircraft was observed on radar approaching the US warship. It was misidentified as a Mirage F1 fighter, so the Americans, in Iranian territorial waters, fired two surface-to-air Missiles (SAMs) at the target, which was summarily destroyed.

The Vincennes had issued numerous warnings to the approaching aircraft on the military distress frequency. But the aircraft never heard them as it was listening out on a different (civil) radio frequency. The airplane broke in three. It was soon discovered, however, that the airplane was in fact an Iran Air Airbus A300 airliner with 290 civilian passengers on board, en route from Bandar Abbas to Dubai. Unfortunately, because it was a clear day, the Iranian-born, US-educated captain of Iran Air Flight 655 had switched off the weather radar. If it was on, perhaps it would have confirmed to the American ship that the ‘incoming’ was in fact a civil aircraft. At the time, Capt. Will Rogers’ surface commander, Capt. McKenna, went on record saying that USS Vincennes was “looking for action”, and that is why they “got into trouble”.

Although USS Vincennes was given a grand homecoming upon returning to the USA, and its Captain Will Rogers III decorated with the Legion of Merrit, in February 1996 the American government agreed to pay Iran US$131.8 million in settlement of a case lodged by the Iranians in the International Court of Justice against the USA for its role in that incident. However, no apology was tendered to the families of the innocent victims.

These two incidents forced Air Lanka pilots, who operated regularly in those perilous skies, to adopt extra precautionary measures. For example, they never switched off the weather radar system, even in clear skies. While there were potentially hostile ships on ground, layers of altitude were blocked off for the exclusive use of US Air Force AWACS (Airborne Warning and Control System) aircraft flying in Bahraini and southern Saudi Arabian airspace. The precautions were even more important because Air Lanka’s westbound, ‘heavy’ Lockheed TriStars were poor climbers above 29,000 ft. When departing Oman or the UAE in high ambient temperatures, it was a struggle to reach cruising level by the time the airplane was overhead Bahrain, as per the requirement.

In the aftermath of the Iran Air 655 incident, Newsweek magazine called it a case of ‘mistaken identity’. Yet, when summing up the tragic incident that occurred on September 1, 1983, when Korean Air Flight KE/KAL 007 was shot down by a Russian fighter jet, close to Sakhalin Island in the Pacific Ocean during a flight from New York to Seoul, the same magazine labelled it ‘murder in the air’.

After the Iranian coup, which was not coincidentally during the time of the ‘Cold War’, the CIA involved itself in the internal affairs of numerous countries and regions around the world: Guatemala (1953-1990s); Costa Rica (1955, 1970-1971); Middle East (1956-1958); Haiti (1959); Western Europe (1950s to 1960s); British Guiana/Guyana (1953-1964); Iraq (1958-1963); Soviet Union, Vietnam, Cambodia (1955-1973); Laos, Thailand, Ecuador (1960-1963); The Congo (1960-1965, 1977-1978); French Algeria (1960s); Brazil (1961-1964); Peru (1965); Dominican Republic (1963-1965); Cuba (1959 to present); Indonesia (1965); Ghana (1966); Uruguay (1969-1972); Chile (1964-1973); Greece (1967-1974); South Africa (1960s to 1980s); Bolivia (1964-1975); Australia (1972-1975); Iraq (1972-1975); Portugal (1974-1976); East Timor (1975-1999); Angola (1975-1980); Jamaica (1976); Honduras (1980s); Nicaragua (1979-1990); Philippines (1970s to 1990s); Seychelles (1979-1981); Diego Garcia (late 1960s to present); South Yemen (1979-1984); South Korea (1980); Chad (1981-1982); Grenada (1979-1983); Suriname (1982-1984); Libya (1981-1989); Fiji (1987); Panama (1989); Afghanistan (1979-1992); El Salvador (1980-1992); Haiti (1987-1994, 2004); Bulgaria (1990-1991); Albania (1991-1992); Somalia (1993); Iraq (1991-2003; 2003 to present), Colombia (1990s to present); Yugoslavia (1995-1995, and to 1999); Ecuador (2000); Afghanistan (2001 to present); Venezuela (2001-2004; and 2025).

If one searches the internet for information on American involvement in foreign countries during the periods listed above, it will be seen how ‘black’ funds were/are used by the CIA to destabilise those governments for the benefit of a few with vested interests, while poor citizens must live in the chaos and uncertainty thus created.

A popular saying goes: “Each man has his price”. Sad, isn’t it? Arguably the world’s only superpower that professes to be a ‘paragon of virtue’ often goes ‘rogue’.

God Bless America – and no one else!

BY GUWAN SEEYA

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