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Ratification and accession to treaties under 21st Amendment to Constitution

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By Dr. Dayantha Laksiri Mendis

BACKGROUND

It is an important issue to consider under the proposed 21st Amendment to the Constitution whether the President should sign, ratify or accede to treaties in consultation with the Prime Minister. In this article, it is proposed to provide an analysis of this important issue by reference to current constitutional law and practices of Commonwealth countries.

Before I deal with this issue, it is useful to outline the importance of treaties as outlined in the following references: (Richard Ware, “Parliament and Treaties” in Parliament and International Relations, (1991), pp.37-48; Lord McNair, Law of Treaties, (1961), pp.83-94; Sir Kenneth Keith, ‘New Zealand Treaty Practice: The Executive and the Legislature’ (1964), 1 N.Z.L.R., pp.277-281. J.E.S. Fawcett, The British Commonwealth in international law, (1963), at p.65; Anthony Aust – Modern Treaty Law and Practice, OUP UK 2006; F.A. Mann – Foreign Affairs in English Courts, OUP, UK 1986).

TREATIES IN A CONSTITUTIONAL CONTEXT

Treaty is an ancient legal instrument. It contributes to global and national governance. Treaty is a generic term and includes conventions, agreements, protocols, letters of exchange, compacts, etc. It can be defined as Agreements between States or between States and Inter-Governmental Organisations (IGOs) and between IGOs.

In modern times, negotiation and conclusion of treaties are regulated by the 1969 Vienna Convention on the Law of Treaties (1969 VCLT) and the 1986 Vienna Convention on the Law of Treaties between States and International Organizations and between International Organizations (1986 VCLT). It is a specialized branch of international law and those who negotiate and conclude such treaties are diplomats and international civil servants. Usually, they have an understanding of the subject matter, as well as treaty law and practice.

Treaties can be multilateral, plurilateral or bilateral and they generally come into force on signature, ratification or accession. Important multilateral treaties signed, ratified and acceded to by Sri Lanka are: ICCPR 1966 and the Optional Protocol 1976, ICESCR 1966, Convention on the Rights of the Child 1989, Geneva Conventions 1949 and the Additional Protocols 1977, The Nuclear Non-Proliferation Treaty 1968, UN Convention on Climate Change 1992, UN Biodiversity Convention 1992, Paris Agreement, IMO Conventions, ICAO Conventions, etc.

Important plurilateral treaties signed or ratified by Sri Lanka are SAARC, BIMSTEC, IORAC, and they only apply to a group of states belonging to a particular region. Other famous plurilateral treaties are Treaty on European Union (Lisbon Treaty) and Revised Treaty of Chaguaramas (CARICOM Treaty). These two treaties have established a single market and economy with free movement of persons, goods and services.

Important bilateral treaties signed by Sri Lanka are Rubber-Rice Pact 1956; 1987 Indo-Sri Lanka Accord, 1998 Indo-Sri Lanka Free Trade Agreement, and 2018 Singapore-Sri Lanka Free Trade Agreement. Other famous bilateral treaties are Camp David Accord 1976 and Shimla Agreement 1972.

Treaties must be distinguished from non-treaty instruments. Non-treaty instruments are MOUs, guidelines, codes of conduct and Resolutions of the UN Security Council, Human Rights Council, IMO, ICAO, etc. Unlike treaties, non-treaty instruments do not require consent of States. Some non-treaty instruments are legally binding on Member States and they are called “hard law” and some are not binding and they are called “soft law”.

Geneva Resolution 2015 30/1 of the Human Rights Council is a non-treaty instrument which applies to Sri Lanka. It was intended to bring reconciliation between the parties involved in the North-East armed conflict in Sri Lanka for a period of 30 years. This Resolution has created constitutional problems for Sri Lanka than any treaty or non-treaty instrument.

Article 46 of the Vienna Convention on the Law of Treaties 1969 states, if a treaty (or non-treaty instrument) manifestly contravenes an internal rule of fundamental importance, a treaty could be rendered void at international level. This rule has evolved through Customary International Law and therefore it can be considered a part of Common Law of the United Kingdom and commonwealth countries.

In Sri Lanka, treaties do not apply at national level, as Sri Lanka is a dualist State where international law is considered a separate legal order. Hence, the transformation of treaties into national legislation by using suitable legislative techniques is necessary to give legal effect to treaties at national level as in other Commonwealth countries. (See: T. O. Elias, The Modern Law of Treaties, (1974), pp.142-50. According to Judge Elias, the question brings into focus the doctrinal controversy between monists and dualists schools of thought in international law. See also: D. L. Mendis, Legislative Transformation of Treaties, Statute Law Review, Volume 13, OUP, UK, 1992.

RATIFICATION OF TREATIES IN COMMON LAW COUNTRIES

In Sri Lanka, the President, under the 1978 Constitution has an inherent right to sign, ratify or accede to treaties without consulting the prime minister and without obtaining parlia­mentary approval by reference to constitutional provisions. This has led to bitter controversy among cabinet ministers since the Indo-Lanka Accord 1986.

In the United States of America, the President has to obtain approval of the Senate with a two-thirds majority to ratify treaties. Up to now, the President of USA has not been able to obtain the approval of the Senate for ratification of the 1982 LOS Convention.

In the United Kingdom, Her Majesty the Queen signs, ratifies or accedes to treaties on the advice of the Prime Minister. However, the ‘Ponsonby Rule’ was introduced in 1924 by late Mr. Arthur Ponsonby (then Parliamentary Under-Secretary for Foreign Affairs) to obtain parliamentary approval prior to ratification of treaties with a view to encouraging open-government in foreign affairs.

The cur­rent application of the ‘Ponsonby rule’ is recorded in the twenty-first edition of Erskine May’s Parliamentary Practice in the following manner –

“When a treaty requires ratification, the Govern­ment does not usually proceed with the ratifica­tion until a period of twenty-one days has elapsed from the date on which the text of such a treaty was laid before parliament by Her Majesty’s command. This practice is subject to modification, if necessary, when urgent or other important considerations arise.”

The ‘Ponsonby rule’ is followed in many Commonwealth countries with variations and such varied practices relating to the modification of the ‘Ponsonby rule’ in “urgent” or “important” situations are noted in the U.N.I.T.A.R. Study. (See: O. Schachter, M. Nawaz and J. Fried (eds.) – Toward Wider Acceptance of U.N. Treaties, (New York, 1971), pp.95-96). Several variations of the Ponsonby rule are noted in the UNITAR Study at p.95).

AN EMERGING PRACTICE IN COMMONWEALTH COUNTRIES

In recent times, there appears to be an emerging constitutional practice in Commonwealth countries to obtain approval of Parliament either in the form of implementing legislation or by way of the Resolution prior to signature, ratification or accession in regard to certain category of treaties as provided hereinbelow:

1. A treaty itself may mandate the approval of Parliament either by way of a Resolution or in the form of implementing legislation prior to signature, ratification or accession to treaties. It is necessary in such circumstan­ces to obtain Parliamentary approval by way of a Resolution or in the form of implementing legislation prior to signature, ratification or accession to treaties.

For example, Anglo-Irish Agreement (1985) entered into force for the U.K. only after it was subjected to a heated debate in Parliament in November 1985 and was approved by the Parliament as required by the text of the treaty. Similarly, a large number of treaties initiated by or under the auspices of international organizations may require enactment of implementing legislation at national level prior to signature, ratification or accession to such treaties. (See: Articles of Agreement of the I.B.R.D., I.M.F. and I.F.C. require such approval. In moving the second reading in the House of Commons of the Multilateral Investment Guarantee Agency (M.I.G.A.) Bill, the former Minister for Overseas Development, Mr. Chris Patten stated: “The Bill is required to enable the United Kingdom to ratify the convention establishing MIGA, which is an international organization associated with the World Bank…”).

2. In some Commonwealth countries, a “binding constitutional practice” has emerged in the sphere of public policy to obtain parliamentary approval in the form of implementing legislation prior to signature, ratification or accession to “important” or “controversial” treaties at national level.

For example, in the United Kingdom, the Hong Kong Agreement 1984 and the Single European Act 1986 were approved by the House of Commons and implementing legislation was enacted before such treaties were ratified by the Executive. Some treaties initiated by international organizations are also enacted into national law before ratification or accession to such treaties because of their political and legal importance at international and national level.

3. Constitutional or statutory provisions may require parliamentary approval in the form of implementing legislation prior to signature, ratification or accession to a certain category of treaties.

For example, section 3 of the Ratification of Treaties Act 1983 (No. 5 of 1983) of Malta provides that a certain category of treaties require parliamentary approval in the form of implementing legislation.

Similar provisions are also found in the Ratifi­cation of Treaties Act 1987 (No.1 of 1987) of Antigua and Barbuda. In such situations, approval of Parliament is generally obtained in the form of implementing legislation before instruments of ratification are deposited. The draft Millennium Challenge Compact (MCC) required the enactment of implementing legislation prior to signature for purpose of its implementation.

CONCLUDING REMARKS AND RECOMMENDATIONS

In Sri Lanka, there is no reference whatsoever to treaties under article 33 of the 1978 Constitution. Hence, it is proposed that the following provisions should be inserted as article 33 (gg) the signature, ratification or accession to treaties by the President shall be undertaken in consultation with the Prime Minister.”

In Sri Lanka, parliamentary approval is not necessary prior to signature, ratification or accession to a treaty, as there are no constitutional or statutory provisions requiring such approval.

Many Commonwealth countries have enacted legislation requiring the approval of Parliament for a certain category of treaties as illustrated in the preceding parts of this article.

In the UK, Constitutional Reform and Governance Act 2010 requires parliamentary approval for ratification of a certain category of treaties. Thus, this piece of legislation has taken the Ponsonby Rule to its logical end to ensure open government in foreign affairs.

In the Republic of India, the National Commission was established in 2001 to review treaty-making power under the Indian Constitution, as there are no constitutional provisions regulating treaty-making powers. The Commission recommended such approval of Parliament. However, up to now, there has been no constitutional amendment enacted to ensure parliamentary approval for a certain category of treaties, although an attempt was made on 5th March 1993 by George Fernandez to introduce a Constitutional (Amendment) Bill to this effect in Lok Sabha.

In Sri Lanka, the Yaha Palana Draft Constitution inserted the following provision to fill the lacuna in the 1978 Constitution in the following manner:

“47. XX The Constitution would require that every treaty, along with a memorandum explaining its implication, be tabled in Parliament at least one month before ratification. Parliament may adopt a resolution recommending ratification, reservation or even non-ratification. The Executive would be bound by the terms of such resolution.

Parliament shall be informed of the ratification of every such treaty forthwith.

The provision of a human rights treaty shall become part of the domestic law on the expiry of a period of two years reckoned from the date of ratification. Parliament may by resolution extend such period by one year or reduce such period. Any further extension of the period not exceeding one year at a time would require two-thirds majority. Where Parliament passes a law incorporating a part but not the entirety of a treaty before automatic incorporation, the unincorporated provision would become domestic law at the end of the period concerned.

In relation to human rights treaties to which Sri Lanka is a party at the time the new constitutional provisions come into effect, the two-year period shall begin to run from such time.”

I humbly submit that in Sri Lanka parliamentary approval for a certain category of treaties is necessary prior to signature, ratification or accession to treaties. It is the Parliament and only the Parliament should be the final arbiter on granting approval for signature, ratification or accession to treaties. A draft Bill, on this subject, by the author of this article, is contained in the book titled: PERSPECTIVE ON CONSTITUTIONAL REFORM IN SRI LANKA, published by the International and Comparative Law Society, of Sri Lanka, 2021, pp. 492-501. (Editors: Dr. Hiran W. Jayewardene and Prof. Sharya Scharenguivel).

(The view expressed are personal and not that of Lakshman Kadirgamar Institute. He served as Ambassador to Austria and Permanent Representative to the UN in Vienna. He served as UN and Commonwealth Legal Expert/Adviser in many countries. He also served as Legislative and Treaty Drafting Expert at the CARICOM Secretariat in Georgetown, Guyana (South America) for several years. Email: mendis_law@yahoo.com).



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When floods strike: How nations keep food on the table

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Floods in Colombo. Image couretesy WB

Insights from global adaptation strategies

Sri Lanka has been heavily affected by floods, and extreme flooding is rapidly becoming one of the most disruptive climate hazards worldwide. The consequences extend far beyond damaged infrastructure and displaced communities. The food systems and supply networks are among the hardest hit. Floods disrupt food systems through multiple pathways. Croplands are submerged, livestock are lost, and soils become degraded due to erosion or sediment deposition. Infrastructural facilities like roads, bridges, retail shops, storage warehouses, and sales centres are damaged or rendered inaccessible. Without functioning food supply networks, even unaffected food-producing regions struggle to continue daily lives in such disasters. Poor households, particularly those dependent on farming or informal rural economies, face sharp food price increases and income loss, increasing vulnerability and food insecurity.

Many countries now recognie that traditional emergency responses alone are no longer enough. Instead, they are adopting a combination of short-term stabilisation measures and long-term strategies to strengthen food supply chains against recurrent floods. The most common immediate response is the provision of emergency food and cash assistance. Governments, the World Food Programme, and other humanitarian organisations often deliver food, ready-to-eat rations, livestock feed, and livelihood support to affected communities.

Alongside these immediate measures, some nations are implementing long-term strategic actions. These include technology- and data-driven approaches to improve flood preparedness. Early warning systems, using satellite data, hydrological models, and advanced weather forecasting, allow farmers and supply chain operators to prepare for potential disruptions. Digital platforms provide market intelligence, logistics updates, and risk notifications to producers, wholesalers, and transporters. This article highlights examples of such strategies from countries that experience frequent flooding.

China: Grain Reserves and Strategic Preparedness

China maintains a large strategic grain reserve system for rice, wheat, and maize; managed by NFSRA-National Food and Strategic Reserves Administration and Sinograin (China Grain Reserves Corporation (Sinograin Group), funded by the Chinese government, that underpins national food security and enables macro-control of markets during supply shocks. Moreover, improvements in supply chain digitization and hydrological monitoring, the country has strengthened its ability to maintain stable food availability during extreme weather events.

Bangladesh: Turning Vulnerability into Resilience

In recent years, Bangladesh has stood out as one of the world’s most flood-exposed countries, yet it has successfully turned vulnerability into adaptive resilience. Floating agriculture, flood-tolerant rice varieties, and community-run grain reserves now help stabilise food supplies when farmland is submerged. Investments in early-warning systems and river-basin management have further reduced crop losses and protected rural livelihoods.

Netherlands, Japan: High-Tech Models of Flood Resilience

The Netherlands offers a highly technical model. After catastrophic flooding in 1953, the country completely redesigned its water governance approach. Farmland is protected behind sea barriers, rivers are carefully controlled, and land-use zoning is adaptive. Vertical farming and climate-controlled greenhouses ensure year-round food production, even during extreme events. Japan provides another example of diversified flood resilience. Following repeated typhoon-induced floods, the country shifted toward protected agriculture, insurance-backed farming, and automated logistics systems. Cold storage networks and digital supply tracking ensure that food continues to reach consumers, even when roads are cut off. While these strategies require significant capital and investment, their gradual implementation provides substantial long-term benefits.

Pakistan, Thailand, Indonesia, and Vietnam: Reform in Response to Recurrent Floods

In contrast, Pakistan and Thailand illustrate both the consequences of climate vulnerability and the benefits of proactive reform. The 2022 floods in Pakistan submerged about one-third of the country, destroying crops and disrupting trade networks. In response, the country has placed greater emphasis on climate-resilient farming, water governance reforms, and satellite-based crop monitoring. Pakistan as well as India is promoting crop diversification and adjusting planting schedules to help farmers avoid the peak monsoon flood periods.

Thailand has invested in flood zoning and improved farm infrastructure that keep markets supplied even during severe flooding. Meanwhile, Indonesia and Vietnam are actively advancing flood-adapted land-use planning and climate-resilient agriculture. For instance, In Vietnam’s Mekong Delta, pilot projects integrate flood-risk mapping, adaptive cropping strategies, and ecosystem-based approaches to reduce vulnerability in agricultural and distribution areas. In Indonesia, government-supported initiatives and regional projects are strengthening flood-risk-informed spatial planning, adaptive farming practices, and community-based water management to improve resilience in flood-prone regions. (See Figure 1)

The Global Lesson: Resilience Requires Early Investment

The global evidence is clear: countries that invest early in climate-adaptive agriculture and resilient logistics are better able to feed their populations, even during extreme floods. Building a resilient future depends not only on how we grow food but also on how we protect, store, and transport it. Strengthening infrastructure is therefore central to stabilising food supply chains while maintaining food quality, even during prolonged disruptions. Resilient storage systems, regional grain reserves, efficient cold chains, improved farming infrastructure, and digital supply mapping help reduce panic buying, food waste, and price shocks after floods, while ensuring that production capacity remains secure.

Persistent Challenges

However, despite these advances, many flood-exposed countries still face significant challenges. Resources are often insufficient to upgrade infrastructure or support vulnerable rural populations. Institutional coordination across the agriculture, disaster management, transport, and environmental sectors remains weak. Moreover, the frequency and scale of climate-driven floods are exceeding the design limits of older disaster-planning frameworks. As a result, the gap between exposure and resilience continues to widen. These challenges are highly relevant to Sri Lanka as well and require deliberate, gradual efforts to phase them out.

The Role of International Trade and global markets

When domestic production falls in such situations, international trade serves as an important buffer. When domestic production is temporarily reduced, imports and regional trade flows can help stabilise food availability. Such examples are available from other countries. For instance, In October 2024, floods in Bangladesh reportedly destroyed about 1.1 million tonnes of rice. In response, the government moved to import large volumes of rice and allowed accelerated or private-sector imports of rice to stabilize supply and curb food price inflation. This demonstrates how, when domestic production fails, international trade/livestock/food imports (from trade partners) acted as a crucial buffer to ensure availability of staple food for the population. However, this approach relies on well-functioning global markets, strong diplomatic relationships, and adequate foreign exchange, making it less reliable for economically fragile nations. For example, importing frozen vegetables to Sri Lanka from other countries can help address supply shortages, but considerations such as affordability, proper storage and selling mechanisms, cooking guidance, and nutritional benefits are essential, especially when these foods are not widely familiar to local populations.

Marketing and Distribution Strategies during Floods

Ensuring that food reaches consumers during floods requires innovative marketing and distribution strategies that address both supply- and demand-side challenges. Short-term interventions often include direct cash or food transfers, mobile markets, and temporary distribution centres in areas where conventional marketplaces become inaccessible. Price stabilisation measures, such as temporary caps or subsidies on staple foods, help prevent sharp inflation and protect vulnerable households. Awareness campaigns also play a role by educating consumers on safe storage, cooking methods, and the nutritional value of unfamiliar imported items, helping sustain effective demand.

Some countries have integrated technology to support these efforts; in this regard, adaptive supply chain strategies are increasingly used. Digital platforms provide farmers, wholesalers, and retailers with real-time market information, logistics updates, and flood-risk alerts, enabling them to reroute deliveries or adjust production schedules. Diversified delivery routes, using alternative roads, river transport, drones, or mobile cold-storage units, have proven essential for maintaining the flow of perishable goods such as vegetables, dairy, and frozen products. A notable example is Japan, where automated logistics systems and advanced cold-storage networks help keep supermarkets stocked even during severe typhoon-induced flooding.

The Importance of Research, Coordination, and Long-Term Commitment

Global experience also shows that research and development, strong institutional coordination, and sustained national commitment are fundamental pillars of flood-resilient food systems. Countries that have successfully reduced the impacts of recurrent floods consistently invest in agricultural innovation, cross-sector collaboration, and long-term planning.

Awareness Leads to Preparedness

As the summary, global evidence shows that countries that act early, plan strategically, and invest in resilience can protect both people and food systems. As Sri Lanka considers long-term strategies for food security under climate change, learning from flood-affected nations can help guide policy, planning, and public understanding. Awareness is the first step which preparedness must follow. These international experiences offer valuable lessons on how to protect food systems through proactive planning and integrated actions.

(Premaratne (BSc, MPhil, LLB) isSenior Lecturer in Agricultural Economics Department of Agricultural Systems, Faculty of Agriculture, Rajarata University. Views are personal.)

Key References·

Cabinet Secretariat, Government of Japan, 2021. Fundamental Plan for National Resilience – Food, Agriculture, Forestry and Fisheries / Logistics & Food Supply Chains. Tokyo: Cabinet Secretariat.

· Delta Programme Commissioner, 2022. Delta Programme 2023 (English – Print Version). The Hague: Netherlands Delta Programme.

· Hasanuddin University, 2025. ‘Sustainable resilience in flood-prone rice farming: adaptive strategies and risk-sharing around Tempe Lake, Indonesia’, Sustainability. Available at: https://www.mdpi.com/2071-1050/17/6/2456 [Accessed 3 December 2025].

· Mekong Urban Flood Resilience and Drainage Programme (TUEWAS), 2019–2021. Integrated urban flood and drainage planning for Mekong cities. TUEWAS / MRC initiative.

· Ministry of Agriculture and Rural Affairs, People’s Republic of China, 2025. ‘China’s summer grain procurement surpasses 50 mln tonnes’, English Ministry website, 4 July.

· National Food and Strategic Reserves Administration (China) 2024, ‘China purchases over 400 mln tonnes of grain in 2023’, GOV.cn, 9 January. Available at: https://english.www.gov.cn/archive/statistics/202401/09/content_WS659d1020c6d0868f4e8e2e46.html

· Pakistan: 2022 Floods Response Plan, 2022. United Nations / Government of Pakistan, UN Digital Library.

· Shigemitsu, M. & Gray, E., 2021. ‘Building the resilience of Japan’s agricultural sector to typhoons and heavy rain’, OECD Food, Agriculture and Fisheries Papers, No. 159. Paris: OECD Publishing.

· UNDP & GCF, 2023. Enhancing Climate Resilience in Thailand through Effective Water Management and Sustainable Agriculture (E WMSA): Project Factsheet. UNDP, Bangkok.

· United Nations Development Programme (UNDP), 2025. ‘Rice Bank revives hope in flood hit hill tracts, Bangladesh’, UNDP, 19 June.

· World Bank, 2022. ‘Bangladesh: World Bank supports food security and higher incomes of farmers vulnerable to climate change’, World Bank press release, 15 March.

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Can we forecast weather precisely?

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“Even the flap of a butterfly in one corner of the world could cause a cyclone in a distant location weeks later “Edward Lorenz - American mathematician and meteorologist.

Weather forecasts are useful. People attentively listen to them but complain that they go wrong or are not taken seriously. Forecasts today are more probabilistically reliable than decades ago. The advancement of atmospheric science, satellite imaging, radar maps and instantly updated databases has improved the art of predicting weather.

Yet can we predict weather patterns precisely? A branch of mathematics known as chaos theory says that weather can never be foretold with certainty.

The classical mechanics of Issac Newton governing the motion of all forms of matter, solid, liquid or gaseous, is a deterministic theory. If the initial conditions are known, the behaviour of the system at later instants of time can be precisely predicted. Based on this theory, occurrences of solar eclipses a century later have been predicted to an accuracy of minutes and seconds.

The thinking that the mechanical behaviour of systems in nature could always be accurately predicted based on their state at a previous instant of time was shaken by the work of the genius French Mathematician Henri Poincare (1864- 1902).

Eclipses are predicted with pinpoint accuracy based on analysis of a two-body system (Earth- Moon) governed by Newton’s laws. Poincare found that the equivalent problem of three astronomical bodies cannot be solved exactly – sometimes even the slightest variation of an initial condition yields a drastically different solution.

A profound conclusion was that the behaviour of physical systems governed by deterministic laws does not always allow practically meaningful predictions because even a minute unaccountable change of parameters leads to completely different results.

Until recent times, physicists overlooked Poincare’s work and continued to believe that the determinism of the laws of classical physics would allow them to analyse complex problems and derive future happenings, provided necessary computations are facilitated. When computers became available, the meteorologists conducted simulations aiming for accurate weather forecasting. The American mathematician Edward Lorenz, who turned into a reputed meteorologist, carried out such studies in the early 1960s, arrived at an unexpected result. His equations describing atmospheric dynamics demonstrated a strange behaviour. He found that even a minute change (even one part in a million) in initial parameters leads to a completely different weather pattern in the atmosphere. Lorenz announced his finding saying, A flap of a butterfly wing in one corner of the world could cause a cyclone in a far distant location weeks later! Lorenz’s work opened the way for the development branch of mathematics referred to as chaos theory – an expansion of the idea first disclosed by Henri Poincare.

We understand the dynamics of a cyclone as a giant whirlpool in the atmosphere, how it evolves and the conditions favourable for their origination. They are created as unpredictable thermodynamically favourable relaxation of instabilities in the atmosphere. The fundamental limitations dictated by chaos theory forbid accurate forecasting of the time and point of its appearance and the intensity. Once a cyclone forms, it can be tracked and the path of movement can be grossly ascertained by frequent observations. However, absolutely certain predictions are impossible.

A peculiarity of weather is that the chaotic nature of atmospheric dynamics does not permit ‘long – term’ forecasting with a high degree of certainty. The ‘long-term’ in this context, depending on situation, could be hours, days or weeks. Nonetheless, weather forecasts are invaluable for preparedness and avoiding unlikely, unfortunate events that might befall. A massive reaction to every unlikely event envisaged is also not warranted. Such an attitude leads to social chaos. The society far more complex than weather is heavily susceptible to chaotic phenomena.

by Prof. Kirthi Tennakone (ktenna@yahoo.co.uk)

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When the Waters Rise: Floods, Fear and the ancient survivors of Sri Lanka

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A fresh water tank as a Mugger habitat (Photo- Anslem de Silva)

The water came quietly at first, a steady rise along the riverbanks, familiar to communities who have lived beside Sri Lanka’s great waterways for generations. But within hours, these same rivers had swollen into raging, unpredictable forces. The Kelani Ganga overflowed. The Nilwala broke its margins. The Bentara, Kalu, and Mahaweli formed churning, chocolate-brown channels cutting through thousands of homes.

When the floods finally began to recede, villagers emerged to assess the damage, only to be confronted by another challenge: crocodiles. From Panadura’s back lanes to the suburbs of Colombo, and from the lagoons around Kalutara to the paddy fields of the dry zone, reports poured in of crocodiles resting on bunds, climbing over fences, or drifting silently into garden wells.

For many, these encounters were terrifying. But to Sri Lanka’s top herpetologists, the message was clear: this is what happens when climate extremes collide with shrinking habitats.

“Crocodiles are not invading us … we are invading floodplains”

Sri Lanka’s foremost crocodile expert, Dr. Anslem de Silva, Regional Chairman for South Asia and Iran of the IUCN/SSC Crocodile Specialist Group, has been studying crocodiles for over half a century. His warning is blunt.

“When rivers turn into violent torrents, crocodiles simply seek safety,” he says. “They avoid fast-moving water the same way humans do. During floods, they climb onto land or move into calm backwaters. People must understand this behaviour is natural, not aggressive.”

In the past week alone, Saltwater crocodiles have been sighted entering the Wellawatte Canal, drifting into the Panadura estuary, and appearing unexpectedly along Bolgoda Lake.

“Saltwater crocodiles often get washed out to sea during big floods,” Dr. de Silva explains. “Once the current weakens, they re-enter through the nearest lagoon or canal system. With rapid urbanisation along these waterways, these interactions are now far more visible.”

This clash between wildlife instinct and human expansion forms the backdrop of a crisis now unfolding across the island.

A conflict centuries old—now reshaped by climate change

Sri Lanka’s relationship with crocodiles is older than most of its kingdoms. The Cūḷavaṃsa describes armies halted by “flesh-eating crocodiles.” Ancient medical texts explain crocodile bite treatments. Fishermen and farmers around the Nilwala, Walawe, Maduganga, Batticaloa Lagoon, and Kalu Ganga have long accepted kimbula as part of their environment.

But the modern conflict has intensified dramatically.

A comprehensive countrywide survey by Dr. de Silva recorded 150 human–crocodile attacks, with 50 fatal, between 2008 and 2010. Over 52 percent occurred when people were bathing, and 83 percent of victims were men engaged in routine activities—washing, fishing, or walking along shallow margins.

Researchers consistently emphasise: most attacks happen not because crocodiles are unpredictable, but because humans underestimate them.

Yet this year’s flooding has magnified risks in new ways.

“Floods change everything” — Dr. Nimal D. Rathnayake

Herpetologist Dr. Nimal Rathnayake says the recent deluge cannot be understood in isolation.

“Floodwaters temporarily expand the crocodile’s world,” he says. “Areas people consider safe—paddy boundaries, footpaths, canal edges, abandoned land—suddenly become waterways.”

Once the water retreats, displaced crocodiles may end up in surprising places.

“We’ve documented crocodiles stranded in garden wells, drainage channels, unused culverts and even construction pits. These are not animals trying to attack. They are animals trying to survive.”

According to him, the real crisis is not the crocodile—it is the loss of wetlands, the destruction of natural river buffers, and the pollution of river systems.

“When you fill a marsh, block a canal, or replace vegetation with concrete, you force wildlife into narrower corridors. During floods, these become conflict hotspots.”

Arm attacked by a crocodile (Photo – Anslem de Silva)

The leg is the part of the body most often targeted. (Photo – Anslem de Silva)

Past research by the Crocodile Specialist Group shows that more than 300 crocodiles have been killed in retaliation or for meat over the past decade. Such killings spike after major floods, when fear and misunderstanding are highest.

“Not monsters—ecosystem engineers” — Suranjan Karunaratne

On social media, flood-displaced crocodiles often go viral as “rogue beasts.” But conservationist Suranjan Karunaratne, also of the IUCN/SSC Crocodile Specialist Group, says such narratives are misleading.

“Crocodiles are apex predators shaped by millions of years of evolution,” he says. “They are shy, intelligent animals. The problem is predictable human behaviour.”

In countless attack investigations, Karunaratne and colleagues found a repeated pattern: the Three Sames—the same place, the same time, the same activity.

“People use the same bathing spot every single day. Crocodiles watch, learn, and plan. They hunt with extraordinary patience. When an attack occurs, it’s rarely random. It is the culmination of observation.”

He stresses that crocodiles are indispensable to healthy wetlands. They: control destructive catfish populations, recycle nutrients, clean carcasses and diseased fish, maintain biodiversity, create drought refuges through burrows used by amphibians and reptiles.

“Removing crocodiles destroys an entire chain of ecological services. They are not expendable.”

Karunaratne notes that after the civil conflict, Mugger populations in the north rebounded—proof that crocodiles recover when given space, solitude, and habitat.

Nimal D. Rathnayake

Floods expose a neglected truth: CEEs save lives—if maintained In high-risk communities, Crocodile Exclusion Enclosures (CEEs) are often the only physical barrier between people and crocodiles. Built along riverbanks or tanks, these enclosures allow families to bathe, wash, and collect water safely.

Yet Dr. de Silva recounts a tragic incident along the Nilwala River where a girl was killed inside a poorly maintained enclosure. A rusted iron panel had created a hole just large enough for a crocodile to enter.

“CEEs are a life-saving intervention,” he says. “But they must be maintained. A neglected enclosure is worse than none at all.”

Despite their proven effectiveness, many CEEs remain abandoned, broken or unused.

Climate change is reshaping crocodile behaviour—and ours

Sri Lanka’s floods are no longer “cycles” as described in folklore. They are increasingly intense, unpredictable and climate-driven. The warming atmosphere delivers heavier rainfall in short bursts. Deforested hillsides and filled wetlands cannot absorb it.

Rivers swell rapidly and empty violently.

Crocodiles respond as they have always done: by moving to calmer water, by climbing onto land, by using drainage channels, by shifting between lagoons and canals, by following the shape of the water.

But human expansion has filled, blocked, or polluted these escape routes.

What once were crocodile flood refuges—marshes, mangroves, oxbow wetlands and abandoned river channels—are now housing schemes, fisheries, roads, and dumpsites.

Garbage, sand mining and invasive species worsen the crisis

The research contained in the uploaded reports paints a grim but accurate picture. Crocodiles are increasingly seen around garbage dumps, where invasive plants and waste accumulate. Polluted water attracts fish, which in turn draw crocodiles.

Excessive sand mining in river mouths and salinity intrusion expose crocodile nesting habitats. In some areas, agricultural chemicals contaminate wetlands beyond their natural capacity to recover.

In Borupana Ela, a short study found 29 Saltwater crocodiles killed in fishing gear within just 37 days.

Such numbers suggest a structural crisis—not a series of accidents.

Unplanned translocations: a dangerous human mistake

For years, local authorities attempted to reduce conflict by capturing crocodiles and releasing them elsewhere. Experts say this was misguided.

“Most Saltwater crocodiles have homing instincts,” explains Karunaratne. “Australian studies show many return to their original site—even if released dozens of kilometres away.”

Over the past decade, at least 26 Saltwater crocodiles have been released into inland freshwater bodies—home to the Mugger crocodile. This disrupts natural distribution, increases competition, and creates new conflict zones.

Living with crocodiles: a national strategy long overdue

All three experts—Dr. de Silva, Dr. Rathnayake and Karunaratne—agree that Sri Lanka urgently needs a coordinated, national-level mitigation plan.

* Protect natural buffers

Replant mangroves, restore riverine forests, enforce river margin laws.

* Maintain CEEs

They must be inspected, repaired and used regularly.

* Public education

Villagers should learn crocodile behaviour just as they learn about monsoons and tides.

* End harmful translocations

Let crocodiles remain in their natural ranges.

* Improve waste management

Dumps attract crocodiles and invasive species.

* Incentivise community monitoring

Trained local volunteers can track sightings and alert authorities early.

* Integrate crocodile safety into disaster management

Flood briefings should include alerts on reptile movement.

“The floods will come again. Our response must change.”

As the island cleans up and rebuilds, the deeper lesson lies beneath the brown floodwaters. Crocodiles are not new to Sri Lanka—but the conditions we are creating are.

Rivers once buffered by mangroves now rush through concrete channels. Tanks once supporting Mugger populations are choked with invasive plants. Wetlands once absorbing floodwaters are now levelled for construction.

Crocodiles move because the water moves. And the water moves differently today.

Dr. Rathnayake puts it simply:”We cannot treat every flooded crocodile as a threat to be eliminated. These animals are displaced, stressed, and trying to survive.”

Dr. de Silva adds:”Saving humans and saving crocodiles are not competing goals. Both depend on understanding behaviour—ours and theirs.”

And in a closing reflection, Suranjan Karunaratne says:”Crocodiles have survived 250 million years, outliving dinosaurs. Whether they survive the next 50 years in Sri Lanka depends entirely on us.”

For now, as the waters recede and the scars of the floods remain, Sri Lanka faces a choice: coexist with the ancient guardians of its waterways, or push them into extinction through fear, misunderstanding and neglect.

By Ifham Nizam

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