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Roaming the world to tap global experience on peace seeking and Gamini D’s assassination

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Indian Minister Natwar Singh with duNf leaders

Douglas Devananda took to his heels in Manila fearing an LTTE gunman was trailing us

1994 saw a new crop of MPs who had political knowledge outside their usual electorate concerns. Most of them had a wider vision than merely serving as providers of food stamps, roads and various other handouts to their voters. International Alert first organized a seminar for about 25 of them in the island of Crete in Greece. Apart from MPs from the SLFP and UNP, representatives of minority communities in Parliament were invited for this seminar.

We were to be introduced to the South African dialogue which resulted in the ending of Apartheid and the establishment of the new multi-racial South African nation under Nelson Mandela. The leader and facilitator of this dialogue was Pravin Gordan, then a senior official of the new republic who was later to be South Africa’s Finance Minister under President M’beki.

Among the participants I remember Rukman Senanayake, Mahinda Samarasinghe ,AnuraYapa, Dullas Alahapperuma,Dilan Perera, Karunasena Kodituwakku and Imtiaz Bakeer Markar. Minority parties were represented by Douglas Devananda, Rauf Hakeem and Hisbullah. The participation of Hisbullah created a problem for us. We were en route to Crete via Frankfurt and Athens. Since Hisbullah was the unofficial leader of our group – he was the Deputy Minister of Telecommunications and the only holder of ministerial rank in the delegation – his passport was submitted first to passport control at Frankfurt Airport.

The passport officer – obviously a newcomer – saw stars when he read Hisbullahs name. He shepherded all of us to a room, shut the door and ran to his superior. An experienced officer came down after some time to find that our motley crew of middle aged parliamentarians were certainly not terrorists. He apologized, stamped our transit visas and put us on the waiting plane to Athens. After that we made sure that Hisbullah’s passport was the last in our bundle of documents. There is an interesting post script to our visit to Greece.

A few days into the meeting we got the startling news about the bombing of the Central Bank in Colombo by the LTTE. We were desperate to get information from Colombo. Fortunately Hisbullah – the Deputy Minister of Telecommunications, was in our delegation and he arranged for all of us to get calls to Colombo. That was particularly important for me because my elder daughter Ramanika was working in the American Express Bank which was across the street from the Central Bank. I spoke to her on the telephone and was relieved to hear that she was safe. However one of her colleagues who was on the ground floor of the bank had been killed in the blast.

Belfast

Our next tour was to Northern Ireland. We all looked forward to this tour as Irish problems were very much in the news then with bombs exploding in London and an attack on the British Parliament itself. Lord Mountbatten and members of his family were killed while holidaying in an Irish village. Strict security measures were in force when we landed in Belfast where the inner city was a “no go zone”. We were whisked away to Bellamina Hotel which was quite far from the city.

On this occasion we were introduced to the leaders of the different contending groups who talked to us about their perceptions of a negotiated settlement. The Irish Catholics who dominated the countryside described their plight as victims of British colonialism. The Scots and English had invaded their land and after bitter battles subjugated them and held them as colonial subjects as in other parts of the globe. Large swathes of fertile land had been acquired by those invaders and we could see the big colonial mansions of the Irish Protestant aristocracy as we drove past the incredibly well maintained parks and greens.

The Protestants who were called “loyalists”as they were loyal to England and English royalty, were economically better off. They initially resorted to violence to maintain their dominance forcing retaliation by the Catholics. Their clashes in Belfast and Londonderry were parts of legends that kept them apart. But by far the main reason for the ethnic conflict was religion. The Sinn Fienn was the political party which represented the Catholics while the IRA was its military arm. The Catholics were larger in number and were encouraged by their coreligionists who were south of the border as the Irish Republic, with the legendary city of Dublin as its capital.

On the other hand the loyalists were fanatics who had contempt for the Catholics who had served as workers in their estates in the past. The status of these virtual slaves was low. Many had to emigrate to the United States during the potato famine to keep alive. The US Irish – including the Kennedys, Clintons and Bidens – were of that stock and they were happy to acknowledge their roots in northern Ireland and was a powerful lobby for a negotiated settlement in the home country which would play well in electoral politics of the US.

Greeting Nobel Prize winner John Hume

While their military units were kept out, political parties of both sides interacted with us often bringing maps and political literature while their gun toting “paras” guarded the perimeter of the hotel. We were not aware that discussions were going on behind the scenes with the Republic of Ireland pushing for an equitable solution for the Catholics. Indeed it was the recognition of the role of the Republic that paved the way for a settlement after Labour won a landslide victory under Tony Blair in 1987.

Finally an agreement called the “Good Friday Accord” were negotiated in 1988 with greater representation for the Catholics. This minutae of the negotiations were of much interest to us and meetings with Mc Guiness, Gerry Adams’ deputy, was a high point of our tour. Adams the IRA leader sent us autographed copies of his recently published biography “Fire in the Hills” as a memento. This book is now in my library. It reminds me of our memorable visit to Ireland at the height of the murderous conflict which was dominating global news at that time.

Several years later I was able to host John Hume the Irish leader who led the reconciliation process in Ireland and had won the Nobel prize for his effort. We had a meeting and dinner for him in Colombo with the cooperation of the British Embassy here.

Chittagong

International Alert arranged our next meeting in Bangladesh. The Chikma hill tribe of Chittagong were battling the Bangla army. The Chikmas holding the surrounding hills asked for autonomy as they were Buddhists with their own language and culture. Ethnically they were closer to the Kachin and Karen hill tribes who were confronting the Burmese and Thai military in their own countries. This time around our delegation was led by Bertie Dissanayake, a popular leader of the SLFP from Anuradhapura

district. Perhaps the organizers thought that a representative from our Buddhist heartland would be more acceptable to the rebels.

We first landed in Dhaka for consultations with the relevant Bangladeshi officials. They were all staunch Muslims who could not brook the thought of a conclave of Buddhists in their country ignoring the fact that Bangladesh had been founded because Pakistan had refused to recognize their individual language and culture. They too, like the Pakistanis, were set on a military solution to this ethnic crisis. I had done some research on Buddhism in the colonial period and knew that this area which was called Cox Bazaar by the British was part of old Arakan which was a Buddhist centre. In the colonial period Arakanese had been drawn to Calcutta which was the locus of a modern Buddhist revival, thanks to the Mahabodhi Society led by Anagarika Dharmapala.

We then left by bus to Chittagong. On the way we stopped at the site of the famous ancient Buddhist centre called Somapura Mahavihara. It was on a par with Nalanda, Vikramashila and Jaggadala Buddhist monasteries. Our request to visit the Chikma hills was turned down by the military. But we managed to go to a nearby town where some of the Chikma fighters met us. They unanimously sought our help to persuade the Bangladesh government to permit some devolution so that their distinctive identity would be preserved.

Their resources were so meagre that a settlement seemed to be the only way out. Happily, some time later an arrangement was made to accommodate them partly because Chittagong as a main port in the country grew rapidly as a garment hub. With greater economic benefits – including from several Sri Lankan managed garment factories – the Chikma problem was viewed more sympathetically and was eventually solved.

Manila

Our next rendezvous was Manila in the Philipines. The Mindanao rebellion was in full swing. The rebels were Muslims who were persecuted by the Manila authorities. The islands which saw an armed rebellion were closer to Indonesia and the Muslim militants there were funding and arming the rebels while the Philippines administration faced a logistical nightmare to get to the battle zone. We were precluded from visiting Mindanao on the grounds that it would be unsafe – a touching concern we observed in all the trouble spots in Northern Ireland, Bangladesh and now the Philippines.

However when the Filipino academics and security personnel briefed us in Manila it became clear that the solution lay outside their country. Accordingly there were long standing negotiations with Indonesia which were not going anywhere. Manila changed tack later and brought Saudi Arabia in as a mediator and achieved a good result. These discussions were very helpful for us MPs to understand the ramifications of ethnic conflicts and the need for foreign interlocutors. The JVP had earlier used this issue as a pretext to resume their violent activities which had ended in their military defeat and the killing of nearly all of their top leaders. There was a similar ending to the LTTE war.

There is one event which took place in Manila which still remains in my memory. Douglas Devananda and I took a stroll on a Manila street after a discussion session. We had hardly walked a mile when Douglas looked round and started running leaving me flabbergasted. I continued on my journey and came back to the hotel to find Douglas swimming in the hotel pool. When I asked him about his strange behaviour he told me that he had seen a LTTE gunman following us and that he had to run to escape a murder attempt.

To this day I do not know whether it was really so or that Douglas had imagined it. What I can say is that there were several attempts on his life later and that he has escaped them all even though many scars remain on his body to remind him that it was a close call.

Presidential Campaign 1994

The Presidential election was scheduled for November 1994. The two leading candidates were self selected in that both CBK and Gamini became the automatic choices of the two main contending parties. The latter however was under pressure, particularly from his family, to skip this election since at first CBK seemed invincible. However Gamini insisted on contesting and thereby putting his seal on the party, win or lose. We were also aware that there had been many internal disputes in the SLFP. I noticed that Gamini launched his campaign in a very professional manner bringing in Wickreme Weerasooria and Daham Wimalasena who had managed JRJ’s presidential bids.

He also seemed to be ready to outspend his rival whose antipathy to big business was well known. Another of his advantages was that he was indefatigable on the stump. With his financial backing he was using helicopters to crisscross the country and slowly the UNP party machine which had gone to sleep under Wijetunga and Ranil, began to wake up. Many observers opined that he was fast catching up on his rival.

That must have been the analysis of the LTTE as well because they would have only planned to assassinate him thinking that he had a chance of success. They calculated that if he won, Gamini would have India on his side. This was no fancy illusion because he was a firm favourite of the Gandhi family and the Indian Congress. When we celebrated his fiftieth birthday with a “Festschrift” entitled “50; A Beginning” India sent Natwar Singh, its State Minister of Foreign Affairs, to participate in the ceremony in Colombo. They were breaking protocol to honour a friend.

Thotalanga bomb blast

By late October 1994 the Presidential race was coming to its final lap. Both campaigns were in full swing and though CBK with her recent electoral victory appeared to be leading, Gamini was confident that he was catching up. He was pouring money into his campaign and redoubling his efforts to reach out to his supporters. He felt that he needed more time. He also was unhappy that Ranil was not throwing his weight behind the campaign. In fact we received intelligence that he was urging his close supporters to back CBK.

In his usual style Gamini confronted Ranil whom he had nurtured in the party in the early days and asked for his support. I too met Ranil at his house and urged him to support the party candidate. Gamini undertook helicopter rides to cover as much ground as possible in order to catch up on time lost in his battle to get back to the UNP. He overextended himself by trying to cover as many meetings as possible in a day, including late night meetings, which probably cost him his life.

I was with him on the morning of October 24, 1994. We went by helicopter for an early campaign in Kandy district. The first meeting was held in Kundasale presided over by Tissa Attanayake. Attanayake had been a cheerleader for Ranil and Gamini tried his best to win him over by flattering him in his speech. In my speech I introduced Gamini as a “native son” of Kandy, which pleased him. He told me that he planned to leave further campaigning in Kandy to me freeing him to stump in the marginal electorates.

We were joined by Dr. Palitha Randeniya, a Professor at Peradeniya University, who had become the virtual spokesman of a particular Kandyan caste. The three of us then took a short helicopter ride to Maratugoda in the Harispattuwa electorate for a meeting organised by ACS Hameed. The helicopter landed on the sports ground of Maratugoda senior school where a car had been arranged to take us to the venue of the meeting which was about two miles away. On the way we encountered a bad omen in that our car broke down half way and we had to waste time on the road till it was repaired.

To save time Gamini asked permission to speak early in his usual polite way. By this time GM Premachandra who represented the nearby Mawathagama electorate in Kurunegala district where the next meeting was to be held, was on the stage. I had told Gamini that I would not travel back with him by helicopter because my parents were living nearby in Nugawela and my father had wanted me to see him that day. I had a meeting with Eric Solheim arranged by my friend Arne Fjortoft at the Eighty Club that evening. I was in the midst of my speech when Gamini signaled that he was leaving. Since there was an empty seat in the helicopter due to my absence he had persuaded a reluctant Premachandra to join him.

Then a strange thing happened which has been lodged in my memory ever since. After reaching the end of the stage where the steps to the exit were located Gamini unexpectedly turned and walked back to me where I was busy speaking, tapped me on the arm and said that he was taking leave of me. The whole Harispattuwa audience saw that gesture of friendship. From the stage I caught a glimpse of him surrounded by his bodyguards heading towards his car amidst a knot of supporters who were cheering him. That was the last time I saw him alive.

He headed for the helicopter with Premachandra whom he had persuaded to join him on the rest of the tour as my sea twas available. They had returned to Colombo by evening to participate in the last meeting for the day at Thotalanga in the northern suburbs of the city. I had lunch with my parents and left for Colombo by car for my appointment with Eric Solheim. He had visited Myanmar to arrange for Norwegian aid and was interested in the Sri Lankan peace process.

After this visit he shifted his attention to Sri Lanka, and became a household name here. We had dinner and I went home to Siripa Road to sleep. Soon after midnight my bedside phone started ringing and I was shocked to receive the news of a bomb going off at Thotalanga. Many of the calls were to check whether I too had gone for Gamini’s meeting. At first I was told that my friend was alive and had been rushed to hospital. But soon the extent of damage became clear. Gamini was dead on arrival and so were many others including Premachandra and Wijesekere – the Secretary of the party.

My daughter Varuni and her husband Rohan were living in Siripa Road at that time and I persuaded them to quickly drive me to Gamini’s residence in Alfred House gardens. There was pandemonium there. Wickreme Weersooria asked me to go immediately to President’s House to brief Wijetunga. I had barely got there when CBK arrived in an agitated state. She was genuinely shocked and grieved by the assassination. We had a discussion and Wijetunga decided to give every possible state assistance for the funeral. CBK graciously agreed to all the measures that were proposed including a state funeral and a final ceremony in Independence square. I went back to Gamini’s house, sat in a corner in the veranda and could not hold back my tears. No one had expected our long journey to end in this terrible fashion.

After several days of “lying in state” when a large concourse of people filed past the bier the cremation was held in Independence square. The family wanted me to speak at the ceremony. Other speakers were several monks, Wijetunga, Ranil and a representative of the SLFP. N. Ram from Chennai flew down and joined me on the drive to Independence square. In my speech I invoked Gamini’s journey from Kotmale to the highest echelons of power. He was a model for every Sri Lankan young man. His achievements including the completion of the Mahaweli project, will remain in our memory.

It was a sad and emotional time for all of us and we went home exhausted to contemplate an uncertain future which had looked happily predictable only a week ago. I must place on record here that CBK acted with great sympathy during this period quite unlike the behaviour of Mrs. B and her Cabinet when they reacted shabbily to Dudley Senanayake’s death and funeral arrangements in the early seventies.

(Excerpted from vol. 3 of the Sarath Amunugama autbiography) ✍️



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Features

Rebuilding the country requires consultation

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A positive feature of the government that is emerging is its responsiveness to public opinion. The manner in which it has been responding to the furore over the Grade 6 English Reader, in which a weblink to a gay dating site was inserted, has been constructive. Government leaders have taken pains to explain the mishap and reassure everyone concerned that it was not meant to be there and would be removed. They have been meeting religious prelates, educationists and community leaders. In a context where public trust in institutions has been badly eroded over many years, such responsiveness matters. It signals that the government sees itself as accountable to society, including to parents, teachers, and those concerned about the values transmitted through the school system.

This incident also appears to have strengthened unity within the government. The attempt by some opposition politicians and gender misogynists to pin responsibility for this lapse on Prime Minister Dr Harini Amarasuriya, who is also the Minister of Education, has prompted other senior members of the government to come to her defence. This is contrary to speculation that the powerful JVP component of the government is unhappy with the prime minister. More importantly, it demonstrates an understanding within the government that individual ministers should not be scapegoated for systemic shortcomings. Effective governance depends on collective responsibility and solidarity within the leadership, especially during moments of public controversy.

The continuing important role of the prime minister in the government is evident in her meetings with international dignitaries and also in addressing the general public. Last week she chaired the inaugural meeting of the Presidential Task Force to Rebuild Sri Lanka in the aftermath of Cyclone Ditwah. The composition of the task force once again reflects the responsiveness of the government to public opinion. Unlike previous mechanisms set up by governments, which were either all male or without ethnic minority representation, this one includes both, and also includes civil society representation. Decision-making bodies in which there is diversity are more likely to command public legitimacy.

Task Force

The Presidential Task Force to Rebuild Sri Lanka overlooks eight committees to manage different aspects of the recovery, each headed by a sector minister. These committees will focus on Needs Assessment, Restoration of Public Infrastructure, Housing, Local Economies and Livelihoods, Social Infrastructure, Finance and Funding, Data and Information Systems, and Public Communication. This structure appears comprehensive and well designed. However, experience from post-disaster reconstruction in countries such as Indonesia and Sri Lanka after the 2004 tsunami suggests that institutional design alone does not guarantee success. What matters equally is how far these committees engage with those on the ground and remain open to feedback that may complicate, slow down, or even challenge initial plans.

An option that the task force might wish to consider is to develop a linkage with civil society groups with expertise in the areas that the task force is expected to work. The CSO Collective for Emergency Relief has set up several committees that could be linked to the committees supervised by the task force. Such linkages would not weaken the government’s authority but strengthen it by grounding policy in lived realities. Recent findings emphasise the idea of “co-production”, where state and society jointly shape solutions in which sustainable outcomes often emerge when communities are treated not as passive beneficiaries but as partners in problem-solving.

Cyclone Ditwah destroyed more than physical infrastructure. It also destroyed communities. Some were swallowed by landslides and floods, while many others will need to be moved from their homes as they live in areas vulnerable to future disasters. The trauma of displacement is not merely material but social and psychological. Moving communities to new locations requires careful planning. It is not simply a matter of providing people with houses. They need to be relocated to locations and in a manner that permits communities to live together and to have livelihoods. This will require consultation with those who are displaced. Post-disaster evaluations have acknowledged that relocation schemes imposed without community consent often fail, leading to abandonment of new settlements or the emergence of new forms of marginalisation. Even today, abandoned tsunami housing is to be seen in various places that were affected by the 2004 tsunami.

Malaiyaha Tamils

The large-scale reconstruction that needs to take place in parts of the country most severely affected by Cyclone Ditwah also brings an opportunity to deal with the special problems of the Malaiyaha Tamil population. These are people of recent Indian origin who were unjustly treated at the time of Independence and denied rights of citizenship such as land ownership and the vote. This has been a festering problem and a blot on the conscience of the country. The need to resettle people living in those parts of the hill country which are vulnerable to landslides is an opportunity to do justice by the Malaiyaha Tamil community. Technocratic solutions such as high-rise apartments or English-style townhouses that have or are being contemplated may be cost-effective, but may also be culturally inappropriate and socially disruptive. The task is not simply to build houses but to rebuild communities.

The resettlement of people who have lost their homes and communities requires consultation with them. In the same manner, the education reform programme, of which the textbook controversy is only a small part, too needs to be discussed with concerned stakeholders including school teachers and university faculty. Opening up for discussion does not mean giving up one’s own position or values. Rather, it means recognising that better solutions emerge when different perspectives are heard and negotiated. Consultation takes time and can be frustrating, particularly in contexts of crisis where pressure for quick results is intense. However, solutions developed with stakeholder participation are more resilient and less costly in the long run.

Rebuilding after Cyclone Ditwah, addressing historical injustices faced by the Malaiyaha Tamil community, advancing education reform, changing the electoral system to hold provincial elections without further delay and other challenges facing the government, including national reconciliation, all require dialogue across differences and patience with disagreement. Opening up for discussion is not to give up on one’s own position or values, but to listen, to learn, and to arrive at solutions that have wider acceptance. Consultation needs to be treated as an investment in sustainability and legitimacy and not as an obstacle to rapid decisionmaking. Addressing the problems together, especially engagement with affected parties and those who work with them, offers the best chance of rebuilding not only physical infrastructure but also trust between the government and people in the year ahead.

 

by Jehan Perera

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PSTA: Terrorism without terror continues

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When the government appointed a committee, led by Rienzie Arsekularatne, Senior President’s Counsel, to draft a new law to replace the Prevention of Terrorism Act (PTA), as promised by the ruling NPP, the writer, in an article published in this journal in July 2025, expressed optimism that, given Arsekularatne’s experience in criminal justice, he would be able to address issues from the perspectives of the State, criminal justice, human rights, suspects, accused, activists, and victims. The draft Protection of the State from Terrorism Act (PSTA), produced by the Committee, has been sharply criticised by individuals and organisations who expected a better outcome that aligns with modern criminal justice and human rights principles.

This article is limited to a discussion of the definition of terrorism. As the writer explained previously, the dangers of an overly broad definition go beyond conviction and increased punishment. Special laws on terrorism allow deviations from standard laws in areas such as preventive detention, arrest, administrative detention, restrictions on judicial decisions regarding bail, lengthy pre-trial detention, the use of confessions, superadded punishments, such as confiscation of property and cancellation of professional licences, banning organisations, and restrictions on publications, among others. The misuse of such laws is not uncommon. Drastic legislation, such as the PTA and emergency regulations, although intended to be used to curb intense violence and deal with emergencies, has been exploited to suppress political opposition.

 

International Standards

The writer’s basic premise is that, for an act to come within the definition of terrorism, it must either involve “terror” or a “state of intense or overwhelming fear” or be committed to achieve an objective of an individual or organisation that uses “terror” or a “state of intense or overwhelming fear” to realise its aims. The UN General Assembly has accepted that the threshold for a possible general offence of terrorism is the provocation of “a state of terror” (Resolution 60/43). The Parliamentary Assembly of the Council of Europe has taken a similar view, using the phrase “to create a climate of terror.”

In his 2023 report on the implementation of the UN Global Counter-Terrorism Strategy, the Secretary-General warned that vague and overly broad definitions of terrorism in domestic law, often lacking adequate safeguards, violate the principle of legality under international human rights law. He noted that such laws lead to heavy-handed, ineffective, and counterproductive counter-terrorism practices and are frequently misused to target civil society actors and human rights defenders by labelling them as terrorists to obstruct their work.

The United Nations Office on Drugs and Crime (UNODC) has stressed in its Handbook on Criminal Justice Responses to Terrorism that definitions of terrorist acts must use precise and unambiguous language, narrowly define punishable conduct and clearly distinguish it from non-punishable behaviour or offences subject to other penalties. The handbook was developed over several months by a team of international experts, including the writer, and was finalised at a workshop in Vienna.

 

Anti-Terrorism Bill, 2023

A five-member Bench of the Supreme Court that examined the Anti-Terrorism Bill, 2023, agreed with the petitioners that the definition of terrorism in the Bill was too broad and infringed Article 12(1) of the Constitution, and recommended that an exemption (“carve out”) similar to that used in New Zealand under which “the fact that a person engages in any protest, advocacy, or dissent, or engages in any strike, lockout, or other industrial action, is not, by itself, a sufficient basis for inferring that the person” committed the wrongful acts that would otherwise constitute terrorism.

While recognising the Court’s finding that the definition was too broad, the writer argued, in his previous article, that the political, administrative, and law enforcement cultures of the country concerned are crucial factors to consider. Countries such as New Zealand are well ahead of developing nations, where the risk of misuse is higher, and, therefore, definitions should be narrower, with broader and more precise exemptions. How such a “carve out” would play out in practice is uncertain.

In the Supreme Court, it was submitted that for an act to constitute an offence, under a special law on terrorism, there must be terror unleashed in the commission of the act, or it must be carried out in pursuance of the object of an organisation that uses terror to achieve its objectives. In general, only acts that aim at creating “terror” or a “state of intense or overwhelming fear” should come under the definition of terrorism. There can be terrorism-related acts without violence, for example, when a member of an extremist organisation remotely sabotages an electronic, automated or computerised system in pursuance of the organisation’s goal. But when the same act is committed by, say, a whizz-kid without such a connection, that would be illegal and should be punished, but not under a special law on terrorism. In its determination of the Bill, the Court did not address this submission.

 

PSTA Proposal

Proposed section 3(1) of the PSTA reads:

Any person who, intentionally or knowingly, commits any act which causes a consequence specified in subsection (2), for the purpose of-

(a) provoking a state of terror;

(b) intimidating the public or any section of the public;

(c) compelling the Government of Sri Lanka, or any other Government, or an international organisation, to do or to abstain from doing any act; or

(d) propagating war, or violating territorial integrity or infringing the sovereignty of Sri Lanka or any other sovereign country, commits the offence of terrorism.

The consequences listed in sub-section (2) include: death; hurt; hostage-taking; abduction or kidnapping; serious damage to any place of public use, any public property, any public or private transportation system or any infrastructure facility or environment; robbery, extortion or theft of public or private property; serious risk to the health and safety of the public or a section of the public; serious obstruction or damage to, or interference with, any electronic or automated or computerised system or network or cyber environment of domains assigned to, or websites registered with such domains assigned to Sri Lanka; destruction of, or serious damage to, religious or cultural property; serious obstruction or damage to, or interference with any electronic, analogue, digital or other wire-linked or wireless transmission system, including signal transmission and any other frequency-based transmission system; without lawful authority, importing, exporting, manufacturing, collecting, obtaining, supplying, trafficking, possessing or using firearms, offensive weapons, ammunition, explosives, articles or things used in the manufacture of explosives or combustible or corrosive substances and biological, chemical, electric, electronic or nuclear weapons, other nuclear explosive devices, nuclear material, radioactive substances, or radiation-emitting devices.

Under section 3(5), “any person who commits an act which constitutes an offence under the nine international treaties on terrorism, ratified by Sri Lanka, also commits the offence of terrorism.” No one would contest that.

The New Zealand “carve-out” is found in sub-section (4): “The fact that a person engages in any protest, advocacy or dissent or engages in any strike, lockout or other industrial action, is not by itself a sufficient basis for inferring that such person (a) commits or attempts, abets, conspires, or prepares to commit the act with the intention or knowledge specified in subsection (1); or (b) is intending to cause or knowingly causes an outcome specified in subsection (2).”

While the Arsekularatne Committee has proposed, including the New Zealand “carve out”, it has ignored a crucial qualification in section 5(2) of that country’s Terrorism Suppression Act, that for an act to be considered a terrorist act, it must be carried out for one or more purposes that are or include advancing “an ideological, political, or religious cause”, with the intention of either intimidating a population or coercing or forcing a government or an international organisation to do or abstain from doing any act.

When the Committee was appointed, the Human Rights Commission of Sri Lanka opined that any new offence with respect to “terrorism” should contain a specific and narrow definition of terrorism, such as the following: “Any person who by the use of force or violence unlawfully targets the civilian population or a segment of the civilian population with the intent to spread fear among such population or segment thereof in furtherance of a political, ideological, or religious cause commits the offence of terrorism”.

The writer submits that, rather than bringing in the requirement of “a political, ideological, or religious cause”, it would be prudent to qualify proposed section 3(1) by the requirement that only acts that aim at creating “terror” or a “state of intense or overwhelming fear” or are carried out to achieve a goal of an individual or organisation that employs “terror” or a “state of intense or overwhelming fear” to attain its objectives should come under the definition of terrorism. Such a threshold is recognised internationally; no “carve out” is then needed, and the concerns of the Human Rights Commission would also be addressed.

 

by Dr. Jayampathy Wickramaratne
President’s Counsel

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ROCK meets REGGAE 2026

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JAYASRI: From Vienna, Austria

We generally have in our midst the famous JAYASRI twins, Rohitha and Rohan, who are based in Austria but make it a point to entertain their fans in Sri Lanka on a regular basis.

Well, rock and reggae fans get ready for a major happening on 28th February (Oops, a special day where I’m concerned!) as the much-awaited ROCK meets REGGAE event booms into action at the Nelum Pokuna outdoor theatre.

It was seven years ago, in 2019, that the last ROCK meets REGGAE concert was held in Colombo, and then the Covid scene cropped up.

Chitral Somapala with BLACK MAJESTY

This year’s event will feature our rock star Chitral Somapala with the Australian Rock+Metal band BLACK MAJESTY, and the reggae twins Rohitha and Rohan Jayalath with the original JAYASRI – the full band, with seven members from Vienna, Austria.

According to Rohitha, the JAYASRI outfit is enthusiastically looking forward to entertaining music lovers here with their brand of music.

Their playlist for 28th February will consist of the songs they do at festivals in Europe, as well as originals, and also English and Sinhala hits, and selected covers.

Says Rohitha: “We have put up a great team, here in Sri Lanka, to give this event an international setting and maintain high standards, and this will be a great experience for our Sri Lankan music lovers … not only for Rock and Reggae fans. Yes, there will be some opening acts, and many surprises, as well.”

Rohitha, Chitral and Rohan: Big scene at ROCK meets REGGAE

Rohitha and Rohan also conveyed their love and festive blessings to everyone in Sri Lanka, stating “This Christmas was different as our country faced a catastrophic situation and, indeed, it’s a great time to help and share the real love of Jesus Christ by helping the poor, the needy and the homeless people. Let’s RISE UP as a great nation in 2026.”

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