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Rolling out holistic solution to perennial problem of laws’ delays

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Speech delivered by

M.U.M. Ali Sabry, PC 

Minister of Justice

at the 47th Annual Convocation of the Bar Association of Sri Lanka on the 27t March 2021 at the BMICH.

Your Lordship the Chief Justice, Hon. Attorney General, Your Lordships the judges of the superior courts, the President of the Bar Association and outgoing President, Committee members and my learned friends.

It is a pleasure to be here today, amongst the familiar faces I am used to seeing across the bar table for many years.

Firstly, I would like to extend my warmest congratulations to Mr. Saliya Peiris, President’s Counsel who won the election as well as the newly appointed members of the Exco. The bar has chosen you as its leader, and I wish you the strength and the determination in performing this important task. You carry on your shoulders the responsibility of guiding this noble profession in the years to come, and I have no doubt that you will continue to maintain the traditions of the bar whilst ensuring that the bar remains apolitical and stands up for the rule of law without fear or favour.

The last year has been a tough one, to say the least, and it is commendable that the BASL throughout this period was actively involved in finding solutions to ongoing problems, and was supportive of its members, the judicial administrative staff and litigants. You have done a great job, and I hope to see the good work continue.

The legal profession is one which has no equal. I say this because, there rests on the profession and with it the Bar Association a heavy responsibility to the citizens of this country, and to the country itself. It has a vital role in protecting the rule of law, maintaining the independence of the judiciary and protecting the sovereignty of the country. This responsibility is not a passive one, it is a positive one where there is a need for the legal profession to be at the forefront of positive social change.

To put this in context, as Judge Sanji Monageng, the First Vice-President of the International Criminal Court, in a speech delivered at the The Hague, on 20 November 2012 stated that:

“…the rule of law and the proper administration of justice, of which an independent judiciary and legal profession are prerequisites, play a central role in the promotion and protection of human rights.”

This role has been universally recognized even by the United Nations as enunciated in Principle 16 of the United Nations Basic Principles on the Role of Lawyers.

Lawyers therefore form a core part of the judicial arm of the state. It would be easy to assume by its very wording that the judicial arm consists of judges and courts, but that assumption would be far from the truth. After all, what would be the use of the biggest courthouses or the best judges if the parties can’t be heard? Lawyers are by their very nature officers of court and on many levels the gatekeepers to justice.

The journal article titled “ABA Canons of Professional Ethics” published by the American Bar Association, addressed this very important point. It stated that:

“the stability of Courts and of all departments of government rests upon the approval of the people, it is peculiarly essential that the system for establishing and dispensing Justice be developed to a high point of efficiency and so maintained that the public shall have absolute confidence in the integrity and impartiality of its administration. The future of the Republic, to a great extent, depends upon our maintenance of Justice pure and unsullied.

Thus, the role of a lawyer is not merely one of representing or advising clients for payment. It comes with a high level of responsibility, an overriding need for ethical behaviour, a sense of justice and a national duty. There is an overarching need for the public to have confidence and trust that justice is dispensed from the justice system. In this context, the legal profession has a duty of instilling and maintaining this public confidence and trust in the system.

Looking at the rich history of the legal profession in Sri Lanka, we can be proud of its independence, its contribution to legal jurisprudence and the persons who have come from it over the decades. We have produced world-class lawyers, jurists and judges and have contributed at a disproportionately high level to international law considering the size of our profession.

It would be easy to rest on these laurels and reminisce, and also to be content with the legal profession and the justice administration system as it currently stands, but I believe we need to have a serious reality check. I wasn’t certain that today would be the most suitable place to bring this up, but this is the first opportunity I am getting to talk to my colleagues, the representatives of the judiciary and the official and unofficial bar at the same forum. Therefore, I did not want to miss this opportunity to discuss what, in my opinion, should be front and centre of our journey over the next few years.

As I have mentioned before,

-the average time to enforce a contract in Sri Lanka is 1318 days

-We have been ranked 161 out of 189 countries for the enforcement of contracts

-Our legal system is ranked 5th out of 8 in South Asia.

-Land, Partition and Testamentary cases on average take a generation to be settled.

-A criminal trial takes on average 9 ½ years to conclude in the High Court.

-A criminal matter on average will take a year to be fixed for appeal and 3-4 years for the said appeal to be completed.

We are all very aware that the underlying issues in delay, amongst other matters, is the sheer number of cases before court, and the massive backlog which in turn has resulted in litigation stagnating.

At the end of 2019, there were a total of 766,784 cases pending in our courts, and we had approximately 350 judges to hear these cases. Let us ask ourselves the obvious question – how on earth is an individual judge supposed to manage such a caseload? Even if they were to work 16 hours a day, 7 days a week there would be no logical way to get through this backlog within any reasonable period of time. The outdated laws and the lack of appetite for innovative steps and technological advancement has only served to make matters worse.

This overburdening of judges is reflected in our score on the ‘judges per 1 million population’ index. Countries such as Russia have 242 judges per 1 million population, Germany has 230 and Thailand has 68. India which has been relentlessly criticized for its low number of judges has 20 per million. And our number? 15. Just 15 judges per million population. A reflection of how much of a monumental and humanly impossible task we are expecting our current judiciary to achieve.

These indicators are not just an academic exercise – they reflect the ground reality of the current state of the administration of justice in our country. On a domestic level, the results are quite obvious – how many times have we advised clients at consultations that they need to be ready for a ‘long-haul’ case, and in response to the question ‘how long?’ we have replied ‘years.’ We have been within this system for as long as we can remember, the fact that a case takes years, or the fact that the dates between two trial dates is months does not seem the least bit abnormal to us. We have become desensitized to the plight of our litigants and we do not feel the sting unless it’s one of our own personal cases.

 

This level of delay and inefficiency are not only inconvenient and unfair to the citizens, they have far reaching implications for the future of this Country. Investors are apprehensive about trusting their money in a place with high risk of loss in case of a dispute. Market research of the region prior to any investment would result in investors flocking to the countries high on these indexes, thus we are losing in the long term and we are losing big. Our neighbours understood this early on and started their own competitive drive to rank higher on these indexes and bring the issue of delay and inefficiency of the justice system under control. Take Pakistan for example – in 2018, they were ranked 147 in the ease of doing business index. By 2019, they managed to get to 136. However, from 2019 to 2020 they jumped a staggering 28 places and were ranked 108. This is a clear display of how commitment, focus and drive towards fixing the legal system can result in unthinkable results within a short period of time.

India too has been taking some dynamic strides in its modernization drive. It adopted e-filing earlier on during the pandemic and has commenced a push for digitization of its judicial administration system. In terms of corporate or connected litigation, the Ministry of Corporate Affairs has digitized its entire process and database to the extent that certified copies of Company documents can be obtained through an online process which is admissible evidence in Court.

The United Kingdom is establishing Online Courts which initially was due to the pandemic but will most certainly continue to develop and grow. They also started night sessions for Court hearings to clear the backlog.

In the last few years, Chinese courts have seen rapid developments in online dispute resolution platforms, specialized Internet courts, and the wide use of Artificial Intelligence across the case management and adjudication process in civil and criminal proceedings. They have also adopted other new technologies such as distributed ledgers, blockchain and smart contracts solutions which have been developed and rolled out in specialized courts.

Over the course of 2019, the Estonian Ministry of Justice developed and piloted an artificial intelligence software to hear and decide on small claims disputes less than €7,000.

This is the rapid level at which the other countries have progressed whilst we are still at a stage where cases in the District Court get postponed on multiple occasions, sometimes over a year because summons had not been served on the Post Office so that an employee can give evidence on one postal article receipt to establish that the letter of demand had been sent. Is that not, for lack of a better word, absurd?

Ever since I have taken over the office of the Minister of Justice one common issue is that most of who I meet, across the social and economic spectrum has a complaint about a case which has been pending for years. The Ministry is inundated almost every day with letters by litigants from all over the country complaining about laws’ delays.

We have been comfortable with the status quo for decades, and it’s time we realized that the status quo is just not working. Not only is it not giving any positive results, its actually dragging us backwards by destroying the public trust and confidence that is a pre-requisite for the judicial administration system of the country to function.

We must find a way out of this. It is time that we in Sri Lanka take a page out the books of these countries. It is encouraging that over the last few months we have taken steps towards achieving this. The E-hearing rules issued by the Supreme Court, the provisions made for E-filing as well as the adoption of giving bail online by the Magistrate’s Court are important steps in the right direction. This, however, is not going to be enough. It is vital that we look at a complete structural change from end to end and roll it out in a targeted and efficient way. We have to stop looking at the legal profession as one which exists solely for the sustenance of its members, but as one which plays a much more important role as a public centric body which is driving the justice system forward – one which is ready to innovate, to evolve and to take the right decisions at the right time to create a paradigm shift in the administration of justice. This shift should not be merely one which is a marginal improvement of numbers and statistics – it should be a shift which is felt at the ground level. One where litigants feel that litigation will bring them justice, and it will bring it to them faster than before.

Hence, it is a priority of the government to roll out a holistic solution to this perennial problem of laws’ delays and to resolve this issue.

One which would be a game-changer is to put in motion a practical strategy to take a massive leap in the efficiency of hearing cases. Sri Lanka has close to 800,000 pending cases at the moment and there is no strategy for them in terms of time to conclude. We have to bring in a practical timeline for a disposal of a case and work backwards and put the pieces of the puzzle together to achieve that goal. The future of litigation is in smaller smart courts which can parallelly hear a multitude of cases in a single location, whilst also allocating specific time slots for cases to avoid unnecessary delay to the litigant and lawyer.

In pursuance of this, we are determined to double the number of judges within the next 5 years. As you are aware, the House of Justice project was launched a few weeks ago, and we hope to have the first tower constructed within a short period of time. Pre-trial procedure is to be streamlined and revamped so that it would serve a key factor in cutting down litigation time. The establishment of a ‘Small Claims Court’ is being planned and Debt Conciliation and mediation are being considered as mainstream solutions working in tandem with the courts. One of the vital reforms that are coming in is Digitization and Court automation which is currently at the procurement stage.

There has also been key progress made over the last few months. The increase of Supreme Court and Court of Appeal judges was the first such increase in over 40 years. Justice sector reform has been allocated a record 20 billion from the budget which reflects the largest ever commitment by a government towards the reform of the justice sector. Just earlier this week I was informed by the Government Analyst’s Department that the backlog of outstanding reports numbering approximately 8000 had been cleared in the four months even in the midst of the pandemic due to a multi-pronged approach which we have introduced since then. The measures taken include increasing the cadre, working on two shifts, digitizing the expertise from other institutions and dedicated supervision by a sector specialist.

What this shows is that with commitment, a steel will and the ability to get out of your comfort zone unthinkable results can be achieved within very short periods of time. We should no longer think of fixing this system as a long drawn out, arduous process for our successors to deal with – we have to think of it as something we are capable of doing here and now.

It’s time we looked at moving away from our all too familiar 9.30 or 10.00 am start in Court where everyone sits around waiting for the case to be taken up. This is just not sustainable anymore, and it seriously cuts into the lawyers’ and litigants’ productivity. We should not be afraid to innovate and think out-of-the-box in terms of how we can solve the issues that are being faced – its time we look at case management and allocation of time slots for hearings. Its time we that we hear cases online and embrace technology to shorten delays in matters such as serving of summons and the proving of documents. We must think about reforming our legal system as a whole to be more technological – from sharing calendars to determine the dates of a hearing to the maintenance of records, we need to reduce the dependency on manual processes. Its time we adopted procedures and techniques such as skeleton arguments to cut down the time taken for a hearing. These are all steps that other countries have taken, for which they have been rewarded with judicial administration systems that have pushed their countries forward. My question to you is, If Singapore, Malaysia, Korea and so many others can reinvent themselves, why can’t we?

These reforms will be far reaching, and if they are seen through will permanently change the landscape of the profession and this country. We need to make this happen, and for that we need to work together towards this common goal. The process may not be a walk in the park, and it would certainly have some initial creases that to be ironed out, but if we can commit to what is needed to be done, I am certain we can pull this off. I am aware that the best of ideas and progress can fall to abeyance if you have to swim against the tide, which is why I hope that the bar and its members will cooperate with us to achieve this.

The road to make these changes may test our will, may require us to get out of our comfort zone, to go that extra mile and to commit to breaking the status quo.

Let us be remembered as the generation of lawyers and judges that took this country to the next level and the ones that put our justice system on the map. We have the opportunity to make the paradigm shift, and we must go for it with our heart and soul.

Let’s get this done.



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World Cup Football, Trump’s War and Peace Chaos, and Obama’s Serene Legacy

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Barak Obama and Michelle Obama statue at the new Presidential Centre

President Trump is constantly exceeding expectations about his ability to spread chaos in his country and around the world. To the chaos and destruction of the war against Iran that he began on February 28, he is now adding the chaos of peace. The 2026 World Cup has crashed into the chaotic world of both. In the midst of all of Trumps’ chaos, the US is anchoring the hosting of 2026 World Cup Football, flanked by Mexico to the south and Canada to the north. In the midst of it all, former President Obama held the opening ceremony for the Obama Presidential Centre in southside Chicago on Thursday, June 18.

It was a beautiful ceremony that was full of grace and elegance and a call for future action to stop America’s aberrational detour of the last 10 years and restore its historical march towards being a more perfect union as stipulated in the constitution. Trump was not mentioned but the contrast was clear. In attendance were all former US Presidents and world leaders of the Obama era, including Germany’s Angela Merkel and Canada’s Justin Trudeau. The Presidential Centre is a massive campus with a 225-foot behemoth tower, a museum, library and a basketball gym.

The project has been controversial with initial community backlash about its location in a public park and the threat of gentrification that may drive modest households in the area out of their homes. The actual implementation of the project and the choreographing of its opening ceremony would seem to have responded well to the early concerns. The City of Chicago has passed an ordinance to preserve affordable housing in the area, and a University of Chicago study has projected that the Centre would create 1,900 new permanent jobs and an annual $220 million economic spin-off for the City.

The timing of the opening could not have been politically more apt than being midway through Trump’s rapidly unravelling second terms in office. Local and national artists provided politically immersive entertainment, and the speeches were by President Obama and the former First Lady Michelle Obama, the two finest of speakers in contemporary America. Neither of them mentioned Trump, but both left no doubt of their concern with Trump’s America and “fierce urgency” of the moment to start undoing all of Trump’s misdoings in America and around the world. Obama insisted that Centre is not meant to be a monument to his presidency but a “vibrant, living celebration of community,” and hoped that it would inspire Americans now experiencing “anger and vision” to look “for fairness and common sense and mutual respect,” at the same time.

The Centre and its opening ceremony are a perfect foil to the Trump’s presidency and its grotesque ways. This year Trump is presiding over the 250th anniversary of American Independence. And he is doing it in his own way – inviting the King of England to mark the occasion and then hosting an evening of wrestling, of all places on one of the White House lawns, featuring only badass white male pugilists. The latter was also in celebration of his 80th birthday. A good majority of Americans including Republicans do not approve of Trump’s vulgarization of American culture.

Trump signing the MOU at Chateâu de Versailles

Trump wants to transform Washington to entrench his name and image in perpetuity, to elevate him to the same status heights of presidential greats such as Lincoln and Kennedy, and to leave everywhere the maximalist mark of his obsession with gold and its colour. But the courts, certainly those below the Supreme Court, would have none of them. One after the other, the Courts have disallowed his bizarre efforts at narcissistic exhibitionism. A US District Court Judge in Washington has declared that Trump’s directive to change the name of the John F. Kennedy Center for the Performing Arts be known as the “Trump-Kennedy Center” is unconstitutional, and he ordered the restoration of the original name along with the removal of the name of Trump from all of the Centre’s venue names, websites, records and documents. The courts have also stopped Trump’s construction ball to build a new oversized ballroom devouring one of its historic lawns. The president went ahead without license or permit excavating a foundation cavern, and now his legacy after he leaves the White House could be a gaping hole in front of the main building. It will fall to his successor to bury Trump’s legacy and back-fill the hole.

World Cup Antidote

It turns out that after 18 months of Trump’s chaotic and traumatic second term, the World Cup is a welcome antidote to the convulsions that only the current US president is capable of causing for others. For sports fans in general, the World Cup is crashing into a crowded midyear sports agenda, that includes the French Open and the Wimbledon tournaments in tennis and majors in other sports. With technology enabling the simultaneous coverage of the global and the local, sports like other entertainments is catering to the local and global interests of fans.

Forty eight countries, including Iran, are in the bowl, and their supporters and flags are overflowing the streets and stadia of the 16 cities in the US (11), Mexico (three) and Canada (two), where the matches are being played. FIFA oligarchy could not have found a better free market host than Donlad Trump. Ticket prices have gone through the roof, for unlike in Europe and South America where there are limits on prices, there is none in the US but only limited restrictions in Canada and Mexico. FIFA is reaping the American free market and keeping the national football associations quiet against fandom pressure by sharing the ticket bounty proportionately with each national outpost.

On the other hand, it is also remarkable to see massive crowds filling up the stadia and other public venues to watch their favourite game. For all the talk and reality of inequality in wealth, there is also money in the pockets of many to splurge on tickets for a world cup football game, the modern opium of the masses. As with the old religion, there is a hierarchy among spectators and their seats, the latter rising from the close-up seats at the pitch level, where the price is at its highest, and reaching to the skies above from where one can steal a bird’s eye view of the action below at much lower but still high prices.

For American sports fans, the World Cup came crashing into the finals of the National Basketball Championship, which was especially remarkable this year because the New York Knicks whose home base is the storied Maddison Square Gardens, the Mecca of basketball, in the heart of New York, won the national championship after an interval of 53 years. For basketball aficionados, the victorious 1973 Knicks team included such national figures as Phil Jackson and Bill Bradely. Jackson would later coach Michael Jordon and Chicago Bulls, and Kobe Bryant and LA Lakers, guiding them to multiple championships. Bradley went on to become a long serving US Senator from New Jersey for the Democratic Party and was an unsuccessful presidential contender in 2020. Bradley was often compared to the similarly unsuccessful Adlai Stevenson whom President Kennedy appointed as his envoy to the UN, calling him “the most articulate statesman of our time.”

The Knicks’ long awaited victory may inspire hope among contenders at the World Cup. Only eight countries have won the World Cup so far – Argentina, Brazil, England, France, Germany, Italy, Spain and Uruguay. Netherlands has been to three finals but never won the cup. Italy that has won four World Cups has twice failed to qualify – in 2022 and again in 2026. Germany, another four-times winner is looking to return to its winning ways and end its dismal record since 2014. Mexico and Portugal are leading soccer countries but have never won the cup or been in the finals.

England who invented the game has won the cup only once – way back in 1966 – and is hoping to win again. “Coming home … football is coming home”, the 1996 song is now being sung everywhere England is playing in North America. First sung to mark England’s hosting of the Euro Cup in 1996, the song has become England’s veritable football anthem blending nostalgic joy for the 1966 win and pathos, with hope, for the country’s successive losses ever since. The English team this year parades an impressive array of young talent. Fans are both hopeful as well as resigned as has been their wont. They have reason for hope as pundits have short listed England among the top four contenders.

As the opening matches are being played out, the favoured teams are acquitting themselves well. Argentina, the reigning champions, has sent perhaps the strongest message with its 3-0 victory over Algeria. More than the scoreline, it is Lionel Messi’s masterclass of a hat trick that has electrified the fans and alerted the other teams. France is not far behind with its 4-1 win against Senegal. England registered a stirring 4-2 win against Croatia, the country that defeated it in the semifinals in the 2018 World Cup in Russia.

The most favoured country Spain was totally out of sorts in its opening game and was held to a goalless draw by Cabo (or Cape) Verde, the little West African island and part of the Dutch Kingdom. Other contenders, Brazil, Portugal and Netherlands were held to 1-1 draws respectively by Morocco, the Democratic Republic of Congo, and Japan. At the same time, Mexico, South Korea, USA, Australia, Germany, Sweden, Norway and Austria have scored impressive opening match victories. Iran played well against New Zealand in a 2-2 tie. No one is expecting any country that has never won the World Cup before to become champions now. The last time it happened was in 2010 when Spain won for the first time and only time so far. But that does not dampen fan enthusiasm over every match that will be played until the finals on Sunday, July 19, in New York City.

The paradox of Peace

American attention to world matters has never befitted the country’s superpower status. And the chasm have never been wider than under President Trump. The level of awareness ranges from total ignorance to absolute indifference. The attention to the war against Iran has been no different. The people, politicians and the media have almost singularly been focused on the price at the pump and the cost of groceries. These are fundamental concerns in politics, no doubt, but the economic havoc that the war is causing for the Middle East and the rest of the world has never been an equal concern in the US public discourse and media commentaries. Of course, American experts will lead the way analyzing and writing about the global effects of the war on Iran, but that will be a postmortem and it will not compensate for the real time failure of the Trump Administration to give due weight, as a superpower must, to the global effects of its war making decisions.

Trump admitted in France that he signed the MOU with Iran to avoid “economic catastrophe” in the US. That says it all even though he will likely never say it again. The MOU is officially called – Islamabad Memorandum of Understanding between the United States of America and the Islamic Republic of Iran. So, Pakistan gets its place in history and deservedly so. And Trump crafted his own history by signing a hard copy of the MOU at the Palace of Versailles, of all palaces, following his G7 summit attendance in the French Alps. Will the same hard copy be ever signed by an Iranian leader is an open question. That will be for future museums to explain, among many other leftovers of Trump. Trump may also use a certified copy of the document, if not the original itself, for the next application on his behalf for the Nobel Peace Prize.

This MOU has been signed by multiple times by both sides, but perhaps its strongest endorsement came with the approval of direct negotiation between Iran and the US given by Iran’s Supreme Leader Ayatollah Mujtaba Khamenei and read out on state television. The paradox of this peace is that while the MOU is universally welcome everywhere in the world, it is receiving the harshest scrutiny within the US. There is no palpable enthusiasm for it in the country. The war hawks are not at all pleased. Republicans are confused about Trump going to war for no reason and signing an MOU that gives Iran a control over the Strait of Hormuz that it never had before.

Democrats have no interest in welcoming the MOU, and they are focused on the overall failure of Trump in the Middle East. The powerful Israeli lobby has gone mute, fully realizing that their Prime Minister, Benjamin Netanyahu, has overreached himself with his war zealotry and made Israel unwelcome among a majority of Americans and a virtual pariah state in the world. Vice President Vance, who is doing damage control to save his own presidential plans for 2028, has warned that Israel must realize that President Trump is “the only head of state in the entire world who is sympathetic to the nation of Israel at this moment in time.”

The 14-point MOU is a finely worded and compact document, but it would have received universal support even in America had Trump achieved this without going to war and as an extension of the 2015 Joint Comprehensive Plan of Action (JCPOA) between Iran and the P5 + 1 (US, UK, France, Russia, China and Germany) that was facilitated by President Obama. Trump tore up that agreement and has been personally vindictive in criticizing Obama for allegedly reaching a deal that was only advantageous to Iran. It was not, and Trump’s irrational criticisms of the JCOPA are now coming back to haunt him as US critics are picking apart Trump’s MOU by comparing it to Obama’s JCPOA and taking into account the war-cost of the new MOU. Overseas, the G7 leaders who have been insulted by Trump all along, are welcoming the MOU as a “game changer,” perhaps hoping that flattery is the only way to keep Trump’s antics to be minimal for the rest of his presidency.

by Rajan Philips

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Sri Lanka’s Marine Frontline: Dr. Samantha Gunasekara’s Battle Against Plastic Pollution and Transboundary Waste

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Dr. Gunasekara with Environment Minister Dr Dhammika Patabendi at the First International Conference on Marine Science & Sustainability

For decades, Sri Lanka’s coastline has been celebrated for its pristine beaches, rich marine biodiversity and vibrant fishing communities. Yet beneath the beauty lies an escalating environmental crisis that threatens ecosystems, fisheries, tourism and coastal livelihoods.

At the forefront of the battle against marine pollution is Dr. Samantha Gunasekara, Chairman of the Marine Environment Protection Authority (MEPA), who has spearheaded some of the country’s most ambitious coastal restoration and pollution mitigation programmes in recent years.

In an interview with The Island, Dr. Gunasekara outlined the scale of the challenge facing Sri Lanka’s marine environment, from locally generated plastic waste to transboundary pollution washing ashore from beyond the country’s borders.

He also spoke about the ongoing clean-up following the MV MSC Elsa 3 maritime incident and the urgent need for regional cooperation to tackle marine litter in the Indian Ocean.

“The issue is much bigger than what people see on a beach,” Dr. Gunasekara said. “When the public notices plastic bottles, polythene bags or other debris on the shoreline, they are only seeing the final stage of a problem that begins many kilometres inland.”

According to him, more than 80 percent of marine plastic pollution originates from land-based sources.

“What is found in the ocean is largely a reflection of what happens on land. Waste discarded into canals, streams and rivers eventually reaches the sea. Unless we address waste management within the country, marine pollution will continue regardless of how many clean-up programmes we conduct.”

He noted that household waste, industrial refuse, improperly managed dumpsites and littering remain major contributors to marine pollution.

Over the past year, MEPA has intensified its coastal clean-up operations, restoring numerous beaches that had been heavily contaminated by plastic and polythene waste.

The results have been dramatic.

Photographs documenting several restoration projects reveal coastlines once buried beneath layers of plastic debris transformed into clean and attractive public spaces.

“The President himself expressed concern after seeing the scale of pollution in some areas,” Dr. Gunasekara said. “That support has enabled us to move forward with several restoration initiatives.”

Yet, despite local efforts, Sri Lanka continues to face a challenge largely beyond its control—transboundary marine pollution.

Dr. Gunasekara was particularly concerned about the volume of waste washing ashore in the Northern Province and surrounding islands.

He said islands such as Delft, Nainativu, Punkudutivu and Eluvaitivu receive enormous quantities of foreign-origin debris every year.

“The quantities are unbelievable. If someone visits these locations after a rough sea period, they will immediately understand the magnitude of the problem,” he said.

According to observations made during numerous clean-up operations, a significant proportion of the debris appears to originate from across the Palk Strait.

“Based on the labels, packaging, language markings and the nature of the waste, it is evident that much of the material comes from India. In some locations, nearly all the debris collected can be traced to Indian sources,” Dr. Gunasekara said.

He stressed that the issue should not be viewed as an attempt to assign blame but rather as a regional environmental challenge requiring regional solutions.

“The ocean does not recognise political boundaries. What enters the sea in one country can easily end up on the shores of another. This is why cooperation among neighbouring countries is essential.”

Nevertheless, he believes stronger action is required.

“Sri Lanka invests considerable resources in cleaning its coastlines. When foreign-origin waste continuously arrives on our shores, it places an additional burden on our economy and our institutions.”

Recognising the seriousness of the issue, MEPA has prepared policy proposals and submitted recommendations through the relevant ministry seeking higher-level government engagement.

A Cabinet paper addressing transboundary marine debris has also been prepared for consideration.

“The intention is to facilitate discussions at government-to-government level. We need practical mechanisms for prevention, monitoring and mitigation,” he said.

Dr. Gunasekara pointed out an apparent contradiction.

“Several coastal areas in India have received international recognition for beach cleanliness and environmental management. Therefore, there is no reason why similar standards cannot be maintained more broadly. The challenge is ensuring that waste generated inland does not eventually enter the marine environment.”

Another major challenge facing Sri Lanka has been the aftermath of the MV MSC Elsa 3 incident, which released large quantities of plastic nurdles into the marine environment.

Nurdles are tiny plastic pellets used as raw material in plastic manufacturing and are considered among the most difficult forms of marine pollution to remove because of their small size and tendency to disperse over vast distances.

Dr. Gunasekara recalled that the first signs of contamination emerged in Delft Island before spreading rapidly along the coastline.

“Initially there was little evidence of significant contamination. Then, within weeks, large quantities began washing ashore,” he said.

The pellets eventually spread across numerous northern islands and along extensive sections of the western coastline.

MEPA responded immediately, deploying personnel and mobilising local communities.

For the first three months, the authority led much of the clean-up effort directly.

However, the scale of contamination soon required additional resources.

Discussions were initiated with representatives of the shipping company and its insurers.

“The company agreed to support the clean-up operation under MEPA’s supervision and technical guidance,” Dr. Gunasekara said.

Today, thousands of workers continue to participate in the recovery effort.

At its peak, nearly 1,700 labourers were engaged daily in collecting nurdles and associated debris from affected coastal areas.

The operation remains one of the largest marine pollution response exercises undertaken in Sri Lanka.

Workers have been provided with protective equipment, water, welfare facilities and logistical support funded by the responsible parties.

“The objective is not simply to remove visible pollution but to minimise long-term environmental impacts,” Dr. Gunasekara said.

The task has proven far more complex than initially anticipated.

Changing ocean currents and rough weather have redistributed pollution into previously unaffected locations.

“Areas that were relatively clean months ago are now receiving fresh deposits. Therefore, the operation remains dynamic and requires constant monitoring.”

The volume of recovered material has been staggering.

According to MEPA estimates, approximately 47 shipping containers have already been filled with collected debris.

“These containers include nurdles, bottles, packaging material and other plastic waste recovered from beaches and coastal habitats,” he said.

The authority is now examining environmentally responsible disposal options.

Recycling remains difficult because prolonged exposure to seawater often contaminates plastic materials and reduces their suitability for conventional recycling processes.

Adding another mystery, MEPA recently detected coloured nurdles among the recovered pellets.

“We have found red, blue and green pellets. Traditionally, nurdles are colourless. We are investigating the source and significance of these findings,”

Dr. Gunasekara said.

Despite the immense challenges, he remains encouraged by the support received from local communities.

Fishing families, religious leaders, schools and volunteer groups have joined restoration efforts across the country.

In the North, villagers welcomed clean-up teams with garlands and handmade gifts as expressions of gratitude.

“These gestures demonstrated how much these communities value their environment,” he said.

Religious institutions have also become important partners.

“In several coastal regions, churches and temples helped coordinate volunteers and identify the most vulnerable communities requiring assistance.”

Looking ahead, Dr. Gunasekara believes Sri Lanka must adopt a broader vision of marine environmental protection.

He argues that marine pollution should no longer be regarded solely as an environmental issue.

“It affects fisheries, tourism, public health and national development. Every plastic bottle thrown into a canal ultimately becomes someone else’s problem.”

He also advocates stronger regional cooperation within South Asia to address marine pollution, improve waste management and establish joint monitoring mechanisms.

“The future of the Indian Ocean depends on collective action. No country can solve this problem alone.”

As Sri Lanka continues its struggle against mounting environmental pressures, Dr. Gunasekara’s message is both urgent and hopeful.

“The sea has sustained our civilisation for generations. Protecting it is not merely an environmental obligation; it is a responsibility we owe to future generations.”

For the chairman of MEPA, the mission extends beyond cleaning beaches. It is about safeguarding an entire marine heritage—one that remains central to Sri Lanka’s identity, economy and future prosperity.

By Ifham Nizam

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Meththa Rehabilitation Foundation:Restoring Mobility, Dignity and Hope Across Sri Lanka

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For thousands of Sri Lankans living with limb loss and physical disabilities, access to quality rehabilitation services remains a significant challenge. Yet, for more than three decades, our organisation has quietly transformed lives through innovation, compassion and community-based care. The Meththa Rehabilitation Foundation Guarantee Limited (MRFGL), supported by the Meththa Foundation-UK has emerged as one of Sri Lanka’s most effective voluntary rehabilitation service providers, restoring mobility, independence and dignity to some of the country’s most vulnerable citizens.

The Foundation’s roots stretch back to 1994, when a group of expatriate Sri Lankan professionals in the United Kingdom recognized the severe shortage of rehabilitation services available to disabled persons in Sri Lanka. Drawing upon their expertise in rehabilitation medicine and allied healthcare professions, they established the Meththa Foundation-UK with a simple but powerful vision: to provide affordable, high-quality prosthetic and rehabilitation services to those who needed them most.

What began as an effort to recycle and repurpose high-quality prosthetic components donated by the UK’s National Health Service has evolved into a comprehensive rehabilitation network serving communities across the island.

Clinical services commenced in Sri Lanka in 1995 through a mobile outreach programme that initially supported injured soldiers and later expanded to civilians affected by conflict and disability. The majority of them were victims of land mines. In 2010, the Sri Lankan arm of the organisation was formally registered as the Meththa Rehabilitation Foundation Guarantee Limited, strengthening its ability to deliver sustainable services nationwide.

Today, the Foundation operates four modern rehabilitation centres located in Mahawa, Mankulam, Balapitiya and Kilinochchi. These centres provide prosthetic and orthotic services, posture and mobility support, limb repairs, and rehabilitation assistance to patients from diverse social and economic backgrounds.

Recognising that many disabled individuals live in remote areas with limited access to healthcare, Meththa Foundation also established a mobile outreach service in 2011. Through a successful “Hub and Spoke” model, rehabilitation teams travel regularly to underserved communities, ensuring that patients are not denied care simply because of distance or financial hardship.

The scale of the Foundation’s work is impressive. During 2025 alone, the organization recorded approximately 2,000 patient contacts, including the provision of 350 new artificial limbs, 850 limb repairs and around 800 other rehabilitation devices. For many beneficiaries, these interventions represent far more than medical treatment; they offer a pathway back to employment, education and social participation.

Innovation has become a hallmark of the Foundation’s approach. Through an active research and development programme, MRFGL has developed affordable prosthetic technologies specifically suited to Sri Lankan conditions. Among its achievements is the development of a modular below-knee artificial limb system manufactured largely from locally sourced materials. The Foundation has also designed low-cost prosthetic knee components that significantly reduce the financial burden on patients while maintaining quality and functionality. These developments are funded by generous International Grants facilitated by affluent members of the Meththa Foundation-UK. Service users are encouraged to donate whatever they can but for those who cannot, which is a majority the services are entirely free.

These innovations not only make rehabilitation more affordable but also strengthen local manufacturing capabilities and reduce dependence on imported components.

Equally important is the Foundation’s commitment for building local expertise. Recognizing the shortage of trained rehabilitation professionals in Sri Lanka, Meththa Foundation established an apprentice-based vocational training programme that recruits and trains young people as prosthetists, orthotists and rehabilitation technicians. Several locally trained staff members are now employed across the Foundation’s centres, helping to create a sustainable workforce for the future.

The organisation’s work has attracted growing recognition within the healthcare sector. Discussions have already taken place with health authorities regarding the potential use of Meththa-designed prosthetic components within Government hospitals. Such collaboration could significantly expand access to affordable rehabilitation services throughout the country.

Beyond its clinical achievements, the Foundation’s impact is measured in restored confidence and renewed independence. Surveys conducted among beneficiaries indicate that many educated amputees successfully return to productive lives after receiving rehabilitation support. However, the Foundation also highlights an ongoing challenge among poorer and less educated amputees, many of whom struggle to access follow-up care due to transportation difficulties and financial constraints.

To address this issue, the organization hopes to expand its mobile services and community outreach programmes. Additional funding would allow rehabilitation teams to reach isolated communities more frequently, ensuring that vulnerable patients continue to receive the support they need.

Operating on an annual expenditure of approximately Rs. 30 million in Sri Lanka, supplemented by overseas fundraising and donations, the Foundation remains heavily reliant on the generosity of donors, charitable trusts and well-wishers. Every contribution directly supports the provision of artificial limbs, mobility devices, training programmes and outreach services for those who might otherwise be left behind.

As Sri Lanka continues to strengthen its healthcare and social welfare systems, organisations such as the Meththa Foundation demonstrate how innovation, volunteerism and dedication can create lasting social impact. By helping individuals regain mobility and independence, the Foundation is not merely providing artificial limbs—it is rebuilding lives and restoring hope.

For many beneficiaries, every step they take is a testament to the life-changing work of the Meththa Foundation.

www.meththafoundation-sl-uk.org

Chairman’s WhatsApp contact number +94 77 788 6119

Prof S P Lamabadusuriya, Chairman

Dr B Panagamuwa, First Trustee

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