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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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Approach to constitutional reform

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SWRD Bandaranaike

The S.J.V. Chelvanayakam KC Memorial Lecture delivered on 26 April, at Jaffna Central College, by Professor G.L. Peiris, an academic with outstanding credentials, was published, under the title, “Federalism and paths to constitutional reform,” in The Island of 27 April, 2026.

In Part II of the publication, titled “Advocacy of Federalism: Origins and Context,” Professor Peiris states: “At the core of political convictions he held sacrosanct was his unremitting commitment to federalism…”. Contrary to popular belief, however, federalism in our country had its origins in issues which were not connected with ethnicity. At the inception, this had to do with aspirations, not of the Tamils but of the Kandyan Sinhalese. The Kandyan National Assembly, in its representations to the Donoughmore Commission in 1927, declared: “Ours is not a communal claim or a claim for the aggrandizement of a few. It is the claim of a nation to live its own life and realise its own destiny”.

Commenting on S.W.R.D. Bandaranaike’s views, Professor Peiris states: “Soon after his return from Oxford, as a prominent member of the Ceylon National Congress, was an advocate of federalism. He went so far as to characterise federalism as ‘the only solution to our political problems”.

THE COMMON THREAD

The thread that is common to the sources cited above is that while their focus was on the political framework, there is not even a hint as to the territorial units to which the political framework of federalism is to apply. With time the Tamil “nation” claimed that their federal State was to be the Northern and Eastern Provinces of Sri Lanka. However, the Kandyan “nation” was silent on this issue. Since Britain annexed the Kandyan Kingdom and the unified, then Ceylon in 1815, for all intents and purposes it would be reasonable to assume that the claim of the Kandyan “nation” was to be the region under the last Kandyan King, leaving the Western and Southern coastal regions for the Rest of the “nation”.

Chelvanayakam

Sri Lanka, while being a colony under the British, was not interested in political frameworks. Instead, the British were interested in structural arrangements that facilitated Administration. It is evident from the evolutionary processes explored by the British that subdivided units of a State are critical not only for effective Administration but also for the political framework that ensures political stability. Federalism, advocated by the Tamil and Kandyan Leaderships for territorial units, as claimed by them, would inevitably lead to political instability. The lesson to be learnt is not to start with political frameworks, such as Federalism, but to first decide on the territorial units, within which a State functions, to ensure stability, and then frame political aspirations of the People belonging to such a State, in order to ensure political and structural stability.

LESSONS of HISTORY

Material from an article, dated 16 June, 2016

“When the British took control of the Dutch possessions in former Sri Lanka, in 1796, the Kandyan Kingdom was independent and separate from the Maritime region. The Kandyan Kingdom consisted of the “central highlands with the eastern and southeastern coastal strips”. It was after ceding of the Kingdom, at the Kandyan Convention of 1815, and after the rebellion of 1817-1818, that the two regions were merged. However, despite the merger, the administration of the two regions remained divorced from each other, with the Kandyan region being divided into 11 Districts, and the Maritime region into five, creating a total of 16 Districts for the administration of the whole country (Sir Charles Collins, Public Administration of Ceylon, 1951, p. 49).

“The above arrangements continued until the recommendations of the Colebrook – Cameron Commission. In 1832, the recommendations of the Commission were accepted , “… and the separate administrative system for the Kandyan provinces was abolished and amalgamated with the territories on the littoral acquired from the V.O.C. in a single unified administration structure for the whole island. The existing provincial boundaries within the two administrative divisions – the Kandyan and maritime provinces – were redrawn, and a new set of five provincial units, of which only one – the Central Province – was Kandyan pure and simple, was established. The new provincial boundaries cut across the traditional divisions and placed many Kandyan regions under the administrative control of the old maritime provinces” (K.M.de Silva, A History of Sri Lanka, 1981, p. 263), continued until as late as 1889, resulting in nine Provinces for the sole purpose of facilitating the Colonial administration. In point of fact, the Province never functioned as the administrative unit. Instead, the administrative unit was essentially the District, and the situation has remained so throughout the Colonial period and into this day. According to Sir Charles Collins cited above: “Most provinces were divided into districts, each Government Agent having charge of his own district, with general supervision over the whole province. The districts not in the direct charge of Government Agents were under the control of assistant Government Agents”. (Ibid, p. 62.)

PRIORITISING POLITICS OVER STABILITY

The lesson learnt by the British was that if a Colony is to be Administered effectively, the Colonizer had to choose the most appropriate unit of administration. Similarly, to an Independent Sovereign State, Territorial Stability should be its foremost priority. This means deciding on the most structurally secure territorial unit within which political power sharing should operate and not prioritise political frameworks, such as Federalism, at the expense of the structural stability of the State. Political instability would have been inevitable had Sri Lanka succumbed to pressures from the Tamil and Kandyan Leaderships.

Although Britain was not concerned with territorial stability, they recognised that the District was the most effective unit for effective administration. In fact, the 1977 Constitution describes the Territory of Sri Lanka in terms of Administrative Districts. Despite this, it was the Indo-Lanka Accord that first recognised the Northern and Eastern Provinces as political units. Following this, the 13th Amendment of 1987 extended this recognition to all Provinces.

The adoption of the Province as the political unit may not have had an impact on the territorial integrity of the Sri Lanka State, except for the Northern and Eastern Provinces, judging from the events that followed over three-plus brutal decades. The transformation of the territory of Sri Lanka, from Administrative Districts to Provinces and Provincial Councils, is the direct result of prioritising politics over territorial stability. For India to be the handmaiden of this transformation is beyond comprehension because instability in Sri Lanka, in whatever form, would impact on India’s own territorial integrity. This serious blunder cannot be ignored any further for the sake of both Sri Lanka and India. It is imperative that measures are taken to engage in a course correction through Constitutional Reform.

PROPOSED CONSTITUTIONAL REFORMS

The path to Constitutional Reform should start with the territorial subdivision of the Sri Lankan State into Districts, not only to ensure the territorial integrity of the State but also to improve administrative and development efficiencies coupled with Local Government units; a lesson learnt from the British. Any political powers devolved/decentralised to Districts should be the responsibility of District Councils, elected by representatives to Local Governments within each District.

Political power at the Centre should reflect the commitment to a single Sri Lankan Nation, through an elected Legislature, with Executive Powers being shared by a President/Prime Minister, with a Cabinet made up of all communities, in the ratio represented in Parliament. An attempt to share Executive Power with all communities, in an inclusive Cabinet, has not been the practice in the past, and under the present government, as well, despite its strident calls for unity and reconciliation. Consequently, the tendency for minority communities is to seek peripheral power to the maximum extent possible.

CONCLUSION

The approach to Constitutional making has been how best to accommodate political power in the form of Federalism, first by the Kandyan “nation” and later by the Tamil “nation”. The claim by the Tamil Leadership morphed from Federalism to a Separate State resulting in tragedies of an unimaginable order, to the point of threatening the very existence of the Sri Lankan State.

The current arrangement is based on Power being devolved to Provinces, in the form of Provincial Councils, with no regard the Province, makes to the territorial durability of the Sri Lanka State. How successive Governments hope to prevent threats to territorial vulnerabilities is to curtail the operation of sensitive provisions of devolved powers. This is being disingenuous.

On the other hand, the more direct and forthright approach to Constitutional Reform is to make the District the unit of peripheral power in order to ensure territorial stability and effective peripheral development and share Executive Power with communities in the ratio of their representation in the Legislature. The first could be achieved through a referendum and the second by the President/Prime Minister of any government. This approach prioritises territorial stability over political power; a change that has eluded policymakers. Therefore, it is imperative that territorial stability is given the foremost place in Constitutional Reform processes for the sake of not only Sri Lanka but also for India, for reasons of connectivity.

by Neville Ladduwahetty

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Time to get ready to face power

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The power cuts are already here. Perhaps, even before the date predicted by the Public Utilities Commision of Sri Lanka (PUCSL. The peak load has gone well past the threshold they indicated as the tipping point of 3030 MW of peak load. It is now will past 3100 MW and growing, perhaps triggered by the continued heatwave making the use of air conditioners and fans more frequent and by a wider group of consumers. The government insists there is no intention of power cuts but each of us have experienced some form of power outage, without notice, at some time or other.

It is in this scenario that the Ceylon Electricty Board (CEB), or whatever it is called now, had directed all roof top solar projects, over 300 MW capacity, to shut down for the period 10th April to 20th April.

This is in addition to the curtailment of all ground mounted solar and wind projects, and even mini hydro projects, without compensation, going on for some months.

One year of inaction by CEB with the problem staring in the face

If will be recalled that the same demand was made in April, 2025, after the debacle of the countrywide blackout on 9th February, 2025, whether caused by a monkey or otherwise.

The question to be raised is what steps have been taken by the then CEB, or the Ministry to anticipate the situation this year, too, and to try and mitigate the same.

The easy answer is absolutely nothing. If at all what has been done is unilaterally prevent any further addition of Roof Top Solar PV, under the provisions of the Surya Bala Sangramaya (SBS), is, undoubtedly, the only short term and economical means to add low cost renewable electrical energy to the grid.

The architect of the SBS, the Sustainable Energy Authority is deafening by their silence, when their signature project of prime national importance has been sabotaged, and now even the performance of the already installed systems are being curtailed.

This action is totally unbelievable when the use of expensive oil-based generation will continue unabated, even during the day, when there is so much solar energy already installed. Of course, the age-old excuse will be trotted out, of the non-firm nature of Solar and Wind and problems of grid stability, etc.

Many useful and practical solutions to face the growing issue of how to integrate the essential low cost but variable resources of solar and wind to the grid as an aftermath of the blackout were discussed over a year ago.

But nothing seems to have even been attempted. The most prominent among these was the proposal to add 300 MW of grid scale batteries, as indicated in the already-approved Long Term Electricity Generation Plan ( LTEGP 2024 – 2044,) of which 100 MW should have been in use by 2026. The tender for the addition of 16 X 10 MW battery storage at selected grid substations was called over a year ago. Some expectation of sanity

It is under these circumstances that the PUCSL called for a stakeholder consultation on the 10th April, 2026, after circulating a concept note, which was well attended. It was a breath of fresh air, in view of the downhill slide of the entire electricity sector in the recent months compounded by the raging controversy of the coal scam and the rapidly increased use of expensive diesel, in addition to the other fossil fuels, just to keep up the generation to match the demand. The double whammy of the doubling of the fuel prices , exacerbated the hit on not only the consumer’s monthly bill, but the national economy and balance of payments.

Therefore, it was most encouraging to note from the PUCSL’s concept note that sanity has prevailed at last. We have been demandin–g some concrete strategies and time based targets to rid at least the electricity sector from the use of expensive, polluting fossil fuels, commencing with oil. This is the only means by which the utility could hope to achieve some degree of economic and financial viability. They have continued to burden the consumer and the country by continually jacking up the consumer tariff, while ignoring any prudent means to clean up their Act. As a matter of interest, the CEB’s own data of 2023 shows that it is possible to save some Rs 113 Billion annually by replacing all oil-based generation using renewables. The country could have saved over $ 700 Million in Foreign Exchange and the Consumer Tariff could have been lowered by Rs 7.00 per Unit across all segments of consumers.

Therefore, the PUCSL concept paper out lines, some credible measures to eliminate the use of all of forms of oil for power generation in stages. The three tier of approach, outlined as option 1 to 3, reproduced here, should be commended for adopting a pragmatic approach, with very good chance of success.

Proposed options by PUCSL

(See Options 1 Peak Shaving Approach by 2027 and Option 2: Eliminating 2.06 GWh/day of diesel-based generation)

Considering even the recent past when we achieved a status of zero oil use, as compared to the present sorry status, this is not an extremely difficult task. We will have to substitute Solar PV to bridge the gap of reduced Hydro during dry months.

(See diagram 1)

RE Contribution 69% % Oil Usage 6.2 % No Diesel

(See diagram 2)

In Contrast on 30th March RE Contribution was only -43,5%

and oil use has gone up to -29.59%

However, as outlined in the introductory paragraphs of the concept paper, the driving force to promote this change is the early declaration of appropriately worked out tariffs for installation of storage batteries and delivery of the stored energy to the grid.

With the total lack of progress of proposals in the LTEGP 2025-2044 by the state institutions, it is prudent to assume any future initiatives can only come from private sector participation.

Using the power granted by the recently ratified Electricity Act NO, 36 (As amended) the PUCSL has moved with commendable speed to develop the Feed in Tariff declarations needed to enable the achievement of the above objectives and a further stakeholder consultation was held on the 24th of April when more detailed proposals were put forward.

However, although the responsibility of publishing the tariff remains with the PUCSL, unless the National System Operator ( NSO ), tasked with the planning and implementation of Electricity Sector developments , takes urgent action to implement the desired changes as a highest priority task, nothing will be gained to help the country to get out of this quagmire.

The Consumer Continues to be Burdened.

Further, as the time table proposed by the PUCSL itself indicates, even the first of the options can be implemented only in 2027, with the others following up to the year 2030.

These are very encouraging time targets and the consumers will eagerly await their achievement.

However, the threat of power cuts, as well as continuing increase in consumer tariff to fuel the use of diesel for power generation, is real and current. A further tariff increase of 18% has been demanded by the NSO, on top of the 15% granted on 1st April, 2026.

The Immediate Options Available to Consumers.

a) The CEB now refuses to provide any grid connection for integration of any rooftop solar PV systems under the Surya Bala Sangraamaya.

b) The only way available to the consumers is to install Off grid roof top solar systems with adequate batteries to be none dependent on the grid. Use the grid only during the off peak hours.

c) During most periods of the year, even under cloudy conditions there is some solar generation. To ensure the daily consumption is more than covered by the solar input and any surplus is used to charge the battery, to the level adequate to manage the evening and peak hour demand, the capacity of the solar panels and battery have to be determined.

d) It is to be noted that although only the relatively high-end domestic consumers could find the proposed scheme financially feasible under the present cost regimes, which will improve further when the second tariff increase is announced shortly, to those consuming over 250 Units/Month, their engagement has a sector wise positive implication which is beneficial to all levels of consumers.

e) The scheme will operate in an off grid mode, without exports to the grid at any time. Therefore, they will not contribute to the often voiced worries of over voltage, instability and variability in the national grid.

f) Once the PUCSL announces the required FIT and the NSO or the Distribution Companies institutes the necessary facilities, such as smart meters, such consumers, too, can further assist the grid by export of any excess they generate.

Proposal to Avoid Power Cuts Implementable by Domestic Consumers

There are several drivers which will attract the potential ” Prosumers” to adopt this option without delay.

* The consumer tariff will continue to rise

* Even the former Roof Top Solar Systems, without batteries, does not provide power during the power cuts or blackouts

* At present day prices, the investment is financially feasible, based on the savings of the current level of monthly electricity bill. A substantial bank loan can be comfortably settled from the savings

* Now cooking with electricity is no longer a financial burden but can save one from the cost and danger of LPG shortages and queues

* What you, do based on your economic ability, will be a service to all consumers as the resultant reduction of Peak Demand means the use of Diesel can be gradually reduced and the lower end consumers, too, will benefit.

* You will enhance your green credentials with your own financial benefits.

The overall benefit to the grid and other consumers

If the element of exorbitant cost of diesel-based generation is removed then there is no need for the increase of consumer tariff for all consumers.

What is more important is that trimming the peak load would drastically reduce the need for any power shredding that is happening on the sly now and thereby benefit all consumers,

The summary of Financial Analysis illustrating the viability based on currently available data is given here. This will improve drastically if a further increase in consumer tariff is granted, which appears inevitable. (See Table 01 – The basic data used for this analysis is available on request.)

by Eng Parakrama Jayasinghe

parajayasinghe@gmail.com

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From Coal to Solar: China’s sunken mines power a Green Revolution: Lessons for Sri Lanka

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A floating solar farm on a coal mining subsidence area in Panji district of Huainan, Anhui province, China, on June 7, 2017. (Image courtesy China Daily)

In a striking symbol of the global energy transition, vast stretches of once-abandoned coal mines in China have been reborn, not as relics of an industrial past, but as shimmering hubs of renewable energy.

What were once scarred landscapes, destabilised by years of mining, and later submerged by landslides and floods, have now been transformed into expansive artificial lakes.

Floating atop these waters are some of the world’s largest solar power installations, quietly generating clean electricity on a massive scale.

Among the most notable are the Fuyang Floating Solar Farm and the Huainan Floating Solar Farm. Together, they represent a remarkable engineering and environmental achievement.

The Fuyang facility boasts an installed capacity of 650 megawatts, producing approximately 700 million kilowatt-hours of electricity annually. Even more impressive, the Huainan project reaches a staggering 1 gigawatt capacity, generating nearly 1.8 billion kilowatt-hours each year. Combined, these floating giants produce enough electricity to power millions of homes without burning a single lump of coal.

A former General Manager of the Ceylon Electricity Board (CEB), a veteran electrical engineer, described the development as “a glimpse into the future of energy systems.”

“What China has demonstrated is not just technological capability, but strategic foresight. Turning environmentally degraded land into clean energy assets is the kind of thinking countries like Sri Lanka must begin to adopt,” he said.

Why solar on water?

Floating solar, or “floatovoltaics,” offers a range of advantages that traditional land-based solar farms cannot easily match.

Water naturally cools solar panels, improving their efficiency by an estimated 10 to 15 percent. In hot climates, this cooling effect can significantly boost electricity generation.

Additionally, the panels reduce water evaporation, a crucial benefit in regions facing water stress. By limiting sunlight penetration, they also help suppress algae growth, improving water quality.

Perhaps, most importantly, floating solar eliminates the need for large tracts of land. In densely populated or agriculture-dependent countries, this is a game changer.

A dual economy: Fish and power

In an innovative twist, some of these floating solar farms incorporate aquaculture beneath the panels. Known as the “fisheries + solar” model, it allows communities to cultivate fish in the shaded waters below, creating a dual-income system, energy production above, food production below.

This integrated approach not only maximises resource use but also supports local livelihoods, blending sustainability with economic resilience.

Environmental dividends

The environmental benefits are substantial. The Fuyang project alone reduces carbon dioxide emissions by an estimated 580,000 tons annually, while the Huainan facility cuts emissions by around 1.6 million tons each year.

Beyond emissions, these projects reclaim landscapes once deemed unusable—areas heavily damaged by coal extraction. In doing so, they rewrite the narrative of industrial decline into one of ecological restoration and innovation.

Sri Lanka: A nation poised for floating solar For Sri Lanka, the implications are profound.

Unlike China’s abandoned coal pits, Sri Lanka possesses thousands of irrigation tanks, reservoirs, and hydropower catchments that could serve as ideal platforms for floating solar. From the ancient tank systems of the dry zone to major reservoirs like Victoria Dam and Randenigala Reservoir, the country holds untapped potential to generate clean electricity without sacrificing precious land.

The country’s reliance on thermal power, particularly during drought periods when hydropower declines—has long been a challenge. Floating solar could provide a stabilising solution, reducing dependence on costly fossil fuels while complementing existing hydroelectric infrastructure.

Energy analysts note that integrating floating solar with hydropower reservoirs can create a hybrid system: solar power during the day, hydropower balancing supply at night. This synergy enhances grid stability and reduces overall generation costs.

The former CEB official stressed the urgency:

“Sri Lanka cannot afford to delay. With rising energy demand and climate pressures, we must explore every viable renewable option. Floating solar on our reservoirs is one of the most practical and scalable solutions available.”

Challenges and the road ahead

However, experts caution that careful planning is essential. Environmental assessments, grid integration, and financing mechanisms must be properly addressed. Community engagement, especially where fisheries are involved—will also be key.

Yet the blueprint already exists.

China’s transformation of submerged coal mines into renewable energy hubs offers more than inspiration—it provides a working model. For Sri Lanka, adapting that model to its own geography could mark a decisive step toward energy independence.

China’s floating solar farms stand today as one of the clearest symbols of a world in transition—from fossil fuels to renewables, from environmental degradation to restoration.

For Sri Lanka, the message is equally clear: the future of energy may not lie on land alone—but on water, where sunlight meets innovation.

If harnessed wisely, Sri Lanka’s  vast network of reservoirs could one day mirror that transformation, turning calm waters into engines of sustainable growth.

by Ifham Nizam

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