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Midweek Review

Sordid politics of environment and big money

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Container carrier X-Press Pearl on fire off the Colombo Port in late May 2021

Those genuinely keen on protecting the environment should without further delay launch a project to protect rain forests. The ongoing power cuts have underscored Sri Lanka’s dependence on hydropower. The continuing destruction of forest cover can cause irreparable damage to the country’s hydro power generation capacity, thereby causing a catastrophic situation. Perhaps the CEJ and the likeminded groups should exploit the current situation to pressure political parties, whoever in power, to take environment protection seriously or face the consequences. The bottom line is that the country cannot replace hydropower generation capacity with thermal, including coal, in the foreseeable future. Therefore, every endeavour should be made to protect the existing hydropower capacity.

By Shamindra Ferdinando

Some of those activists at the round-the-clock ‘Go Gota Home’ protest, outside the Presidential Secretariat, at Galle Face, carried placards querying the delay on the part of the government to compensate the communities affected by the sinking of the Singapore registered cargo vessel MV X-Press Pearl, off the Western coast, last year.

The Express Feeders’ owned fire stricken cargo ship, sank on June 02, 2021, during an attempt to tow it away to deep seas. Sri Lanka lacked the wherewithal to bring the fire on deck, that had been reported on May 21, under control. In spite of firefighting support provided by India and other foreign vessels, the vessel went down, causing the worst ever ecological disaster in busy local waters, outside the Colombo harbour.

MV X-Press Pearl sank 9.5 nautical miles, NorthWest of the Colombo port, the day after President Gotabaya Rajapaksa directed that it be towed to deeper seas. The vessel went down where it had been since May 19 after entering Sri Lankan waters.

Controversy surrounds the way the relevant authorities probed the circumstances that led to MV X-Press Pearl stealthily carrying a leaking container, loaded with nitric acid, being allowed to enter Sri Lankan waters. The public have a right to know how the government dealt with the vessel’s local Agent, Presidential Award winner Sea Consortium Lanka of Setmil Group, accused of suppressing information about the acid leak.

The highly politically motivated ‘Go Gota Home’ campaign appeared to have attracted many groups, including those handling contentious environmental issues, which may have contributed to the overall deterioration of public confidence in the government. The handling of the X-Press disaster is a glaring example of an utterly corrupt system that protected the affluent at the expense of the hapless public.

The massive eruption of public anger against President Gotabaya Rajapaksa, at the approach to his private residence, at Pangiriwatte Road, Mirihana, on the night of March 31, marked a new phase in politics. Having caused chaos at Pangiriwatte, the ‘Go Gota Home’ campaign, overnight, targeted selected government members. Violent protests in several districts, particularly in the Anuradhapura district, underscored the growing public anger at those wielding political power.

At the same time while we do not wish to be paranoid conspiracy theorists, it must be noted that some of the present protests appear to be well coordinated and funded and quite possibly maneuvered by a hidden hand, as happened in the run up to the change of government in 2015, engineered by the US, about which it later crowed about publicly through its then Secretary of State, John Kerry. Though President Gotabaya is responsible for some controversial decisions taken hastily, like the abrupt decision to ban agrochemical imports or doing away with some key taxes no sooner he was elected, it must be stated that none of it was done for his personal benefit, but there has been far too many built up coincidences in the run up to the present conflagration, like the MT New Diamond sinking, X-Press Pearl disaster of epic proportion, the wrong composition of butane and propane in LPG shipped to Sri Lanka that caused needless explosions and even loss of life, etc. In the light of what has happened recently in Pakistan, and elsewhere, we believe the country needs to be extra alert to such foreign engineered plots.

The high profile campaign discarded all political parties, represented in Parliament, thereby denying the Opposition an opportunity to exploit unexpected political developments. The protest campaign that had been launched, opposite the Presidential Secretariat, on April 09, received the backing of many groups with diverse objectives. Among the interested parties were civil society organisations, including the Centre for Environmental Justice (CEJ) spearheading an intense legal campaign against the current dispensation.

The CEJ moved court over the X-Press Pearl disaster, in the absence of a genuine effort by relevant government machinery to obtain proper compensation. If those responsible for taking action had addressed the issue purposefully, the sinking of X-Press Pearl wouldn’t have been an issue at the ‘Go Gota Home’ campaign.

It would be pertinent to examine the issues at hand against the backdrop of those seeking compensation for MV X-Press Pearl disaster being part of the ‘Go Gota Home’ campaign. The current crisis has erupted at an opportune time as cash-strapped Sri Lanka struggles to meet the basic requirements of the public.

The ship disaster, off the Western coast, cannot be discussed without taking into consideration the massive fire onboard MT New Diamond, off the Sangamankanda coast in the East, in early Sept 2020.

The Committee on Public Enterprises (COPE) proceedings and an exclusive interview Sirasa anchor Asoka Dias, formerly of Upali Newspapers did with the first Dean of the Faculty of Fisheries and Marine Sciences and Technology, Ruhuna University, Prof. Ruchira Cumaranatunga exposed the Marine Environment Protection Authority (MEPA).

MEPA and legal system exposed

COPE Chief and MP Prof. Charitha Herath recently lambasted the MEPA, at a recent committee hearing, over the handling of the fire onboard crude carrier MT New Diamond in early Sept. 2020 and the sinking of X-Press Pearl carrying chemicals off the Port of Colombo last year.

Prof. Herath questioned MEPA Chairperson Attorney-at-Law Dharshani Lahandapura, a Viyathmaga activist, as regards their response to the disastrous accidents.

The SLPP National List MP demanded to know why compensation hadn’t been so far secured from the owners of the MT New Diamond. His query was based on the Auditor General’s observations. Jagath Gunasekera, the Acting General Manager of MEPA, said that the court had decided on the fines to be imposed.

Prof. Herath asked why only Rs 51 mn out of estimated Rs 3,480 million, due from MT New Diamond as compensation, had been received. Attorney-at-Law Lahandapura said that though there had been an oil patch, the fire had not caused any environmental damage.

Prof. Herath asked why such a huge estimate in respect of damages had been made if no disaster had occurred. Gunasekera said Rs 51 million had been paid for firefighting operations and related matters.

According to Gunasekera an expert panel had recommended Rs 3,480 mn compensation and the relevant file had been submitted to the Attorney General’s Department.

Prof. Herath pointed out that the AG hadn’t responded to the MEPA so far, and asked what the MEPA would say if the COPE alleged that it had collaborated with the ship owners to help them reduce compensation payments for environmental damages caused.

When the COPE Chief questioned the role of MEPA’s Legal Officer in respect of the overall response, the MEPA representative at the hearing disclosed that she had been sidelined. The official revealed she hadn’t been allowed to participate in any of the discussions with the Attorney General’s Department on civil or criminal proceedings. Prof. Herath demanded to know why she had been sidelined. Lahandapura claimed that MEPA had assigned responsibilities to another official as the Legal Officer was not responsive to the MEPA’s requirements. Prof. Herath dismissed that claim, insisting that there couldn’t be a justifiable excuse for sidelining the legal officer.

Prof. Herath emphasised that the revelation that the MT New Diamond matter issue had been handled outside the purview of the MEPA Legal Section was a serious matter.

Prof. Herath pointed out that though the compensation in respect of X-Press Pearl had been estimated at USD 37 mn, the ship owners had agreed to pay only USD 2.9 mn. Lahandapura admitted that an organisation that had represented the ship owners/insurers had provided advice to MEPA, too. The COPE Chairman pointed out that the organisation concerned would have been able to manipulate the whole process to the advantage of the ship owners/insurers. The MP said that someone could easily level the charge that the MEPA collaborated with them to reduce the amount of compensation received by the country.

Sirasa interview

Prof. Cumaranatunga didn’t mince her words when she questioned the conduct of MEPA Chairperson as regards the two incidents – the one off the Sangamankanda coast and the other off the Colombo harbour. Responding to interviewer Dias, the academic, who investigated both high profile cases, accused Lahandapura of suppressing some sections of the report on MT New Diamond submitted by her team. She pointed out how the MEPA Chief claimed before the COPE that damages hadn’t been caused to marine life, contrary to the report submitted by the experts. An irate Prof. Cumaranatunga declared that MEPA Chief had insulted members of her team by propagating blatant lies. Asoka Dias couldn’t have conducted that interview at a better time. With the growing public protests, demanding a system change, the operation at the MEPA explains how interested parties pursued projects beneficial to them, regardless of the consequences. Prof. Herath should ask Prof. Cumaranatunga to make her position clear before his Committee and take whatever necessary action. The government cannot remain silent against the backdrop of the head of the expert team that probed the ship disasters, exposing MEPA.

Prof. Cumaranatunga revealed how she raised the issues at hand with Lahandapura soon after the COPE rapped MEPA over the controversial handling of the ship disasters. Declaring that Lahandapura’s response to her queries hadn’t been satisfactory, the academic exposed how MEPA manipulated the online process adopted in preparing the final report to secure the signatures of the members of the probe team without providing them the final draft.

The COPE and Sirasa revelations haven’t received sufficient public attention. The ruling coalition and the Opposition haven’t acted on sensational revelations made by the COPE as well as two other watchdog committees, namely the Committee on Public Accounts (COPA) and the Committee on Public Finance (COPF). MEPA should be held accountable for mishandling of two key investigations. Had they been deliberately handling the issues in a way to deprive the country adequate compensation?

Prof. Herath is in no mood to give up his strong stand in respect of the two

muddled investigations. The COPE should pursue this matter. The X-Press Pearl matter is now before the judiciary. It would be the responsibility of all concerned to ensure transparent proceedings. Punitive measures are a prerequisite for justifiable settlement of the X-Press Pearl case.

CEJ moves court

The CEJ and three others, including its Senior Advisor Hemantha Withanage, in a fundamental rights application filed in terms of Articles 17 and 126 of the Constitution, in respect of the X-Press Pearl affair, has named its owner Express Feeders and its local agent Sea Consortium Lanka as 11th and 12th respondents, respectively. They are among 13 respondents, including the Attorney General.

At the time the CEJ moved SC against what the petition called the worst marine ecological disaster caused by the sinking of X-Press Pearl, the outfit hadn’t been aware of the local agent deleting e-mails received from the Captain of the ship.

According to the petition, in addition to 325 metric tonnes of bunker oil, the vessel carried altogether 1,486 containers – 25 tonnes of hazardous nitric acid, caustic soda, sodium methylate, plastic, lead ingots, lubricant oil, quick lime and highly reactive and inflammable chemicals such as Sodium Methoxide, High Density Polyethylene (HDPE), Low Density Polyethylene (LDPE) “Lotrene”, Vinyl Acetate, Methanol, bright yellow sulphur, urea, cosmetics, etc.

Petitioners stated that the Captain and the crew members of the MV X-Press Pearl knew of the nitric acid leak from about 11th May 2021, nine days before the blaze started and had deliberately failed to inform the Sri Lankan authorities of the impending grave risk. But, the CEJ had been in the dark regarding the treacherous actions of the local agent and the whole issue would take an unexpected turn against the backdrop of Prof. Cumaranatunga’s revelations.

The CEJ receives funding from both local and foreign sources, including the UN. Responding to The Island queries, Withanage explained the gradual growth of CEJ’s operations since its launch in 2004 following the breakup of the Environmental Foundation Ltd. Assuring transparency in the CEJ’s operations, Withanage alleged that the state agencies that had been tasked to protect the environment either connived brazenly with some of the corrupt elements who wielded political power regardless of the consequences or betrayed the country’s interest for personal gain. The sordid disclosures made during COPE proceedings and the Sirasa interview as regards the sordid behaviour of MEPA, responsible for the protection of marine environment should prompt the government to take tangible measures.

Unfortunately, MEPA as well as other agencies answerable for matters concerning the environment, are pursuing strategies acceptable to their political masters.

The much discussed court cases pertaining to clearing of Wilpattu jungles, releasing of elephants and the threat to Sinharaja forest exposed the corrupt political party system.

Withanage asserted that political parties exploited corrupt systems in place to raise funds. If those who exercised political authority addressed matters of serious concern there wouldn’t have been a need for CEJ to move the Supreme Court over the X-Press Pearl disaster. Withanage questioned the conduct of the premier government agency, the Central Environmental Authority (CEA) now headed by ex-JVPer Siripala Amarasinghe. Withanage asserted that politicians and officials were equally responsible for the pathetic state of affairs.

There cannot be a better example than the importing of toxic garbage containers from the UK and simply dumping them here during the yahapalana administration. While Amarasinghe and then President and former Environment Minister Sirisena claimed at the time they were tackling the issue expeditiously, if not for the CEJ successfully moving the court, the British garbage would have been here still. Having blamed the Mahinda Rajapaksa tenure for large-scale environmental destruction, Withanage alleged that the current dispensation was the worst. The civil society activist cited the removal of restrictions on the mining and the transport of sand as one of the evil decisions taken by the current government. The move was obviously meant to allow those connected with the party to make money. The relevant authorities fully cooperated with politicians, Withanage alleged.

The court was told between 2017 and 2019, the UK shipped 263 containers of waste to Sri Lanka. The containers were labelled ‘used mattresses, carpets and rugs.’ But, amongst other things, authorities found bio waste from hospitals. It included radioactive clinical waste, rags, bandages and body parts from mortuaries. Thanks to CEJ’s action, the entire lot – altogether 263 containers – were shipped back by February 2021. It would be pertinent to examine the conduct of the environment ministry and the CEA with regard to the import of British waste. Contrary to expectations, the current dispensation didn’t take punitive measures against those responsible for the importing of dangerous cargo and kept them in specified areas pending disposal.

The government should be ashamed of its failure. The Parliament, too, should inquire into such glaring failures. Can those in authority now and then vouch that foreign waste didn’t end up at Aruwakkalu sanitary garbage dump in Puttalam as once alleged by top environmental scientist Dr. Ajantha Perera in an interview with this newspaper?

One-time top trade official Gomi Senadhira recently discussed how in spite of Sri Lanka’s success in sending back over 3,000 tons of British toxic waste, authorities allowed foreign garbage. Senadhira asked whether the Customs, Trade Ministry, the BOI, and the CEA deceived the public on garbage imports.

Senadhira raised two basic issues (verbatim) (a) How did the Customs detect the 3000 tonnes of “illegally imported foreign garbage”? Wasn’t it only when the containers that remained in the port for months without being cleared by the importer started to stink and leak? When were the tonnes of customs-cleared garbage in a clandestine garbage dump created inside the BOI discovered by the BOI and the CEA?

Wasn’t it only after a media exposure? Didn’t all this happen after the implosion of the Meethotamulla garbage dump? Coincidence? Maybe. Maybe not. Methotamulla collapsed at the start of the yahapalana regime.

(b).During the four-year period 2017-2020, while struggling to ship back 3,000 tons of illegally imported stinking waste, the customs and the CEA had facilitated “legal” imports of a much larger quantity of garbage into the country. For example; Sri Lanka imported nearly 20,000 tonnes of plastic waste (HS391590) In addition, nearly 1000 MTs of plastic waste under HS 391530 was also imported every year.

Most of it, according to customs data, was imported from China. As far as I am aware, China does not export plastic waste”

Perhaps, the CEJ should speak with Senadhira to map out proper strategy to counter clandestine projects. Interested parties must have profited immensely at Sri Lanka’s expense.



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Midweek Review

BASL fears next set of civil society representatives might be rubber stamps of NPP

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A group of officials from National Audit Office of Sri Lanka attend a capacity building programme in India

CC in dilemma over filling impending vacancies

Sajith Premadasa

Amidst a simmering row over the controversial move to have Deshabandu Tennakoon as the IGP at the time of crucial presidential election, Opposition Leader Sajith Premadasa alleged: “The Speaker sent a letter to the President, recommending the appointment of Deshabandu Tennakoon as IGP. He distorted the Constitutional Council ruling by interpreting the two abstaining votes of civil society members as votes against Deshabandu and used his casting vote to recommend Deshabandu as the Constitutional Council decision. It is on the basis of the Speaker’s letter that the President made the appointment. The Speaker has blatantly violated the Constitution

.”

Speculation is rife about a possible attempt by the ruling National People’s Power (NPP) to take control of the 10-member Constitutional Council (CC). The only way to take command of the CC is to appoint those willing to pursue the NPP agenda as civil society representatives.

Against the backdrop of the NPP’s failure to obtain CC’s approval to finalise the appointment of the Auditor General, the government seems hell-bent on taking control of it. Civil society representatives, namely Dr. Prathap Ramanujam, Dr. (Mrs.) Dilkushi Anula Wijesundere and Dr. (Mrs.) Weligama Vidana Arachchige Dinesha Samararatne, whose tenure is coming to an end in January, blocked President Anura Kumara Dissanayake’s nominee receiving the AG’s position. They took a courageous stand in the greater interest of the nation.

Chulantha Wickramaratne, who served as AG for a period of six years, retired in April 2025. Following his retirement, President Anura Kumara Dissanayake first nominated H.T.P. Chandana, an audit officer at the Ceylon Petroleum Corporation. The CC rejected the nomination. Subsequently, President Dissanayake appointed the next senior-most official at the National Audit Office (NAO) Dharmapala Gammanpila, as Acting Auditor General for six months. Then, the President nominated Senior Deputy Auditor General L.S.I. Jayarathne to serve in an acting capacity, but her nomination, too, was also rejected.

Many an eyebrow was raised when the President nominated O.R. Rajasinghe, the Internal Audit Director of the Sri Lanka Army, for the top post. As a result, the vital position remains vacant since 07 December. Obviously the overzealous President does not take ‘No’ for an answer when filling key independent positions with his minions

The Bar Association of Sri Lanka (BASL) in a letter dated 22 December, addressed to President Dissanayake, who is the leader of the NPP and the JVP, Prime Minister Dr. Harini Amarasuriya, Speaker Dr. Jagath Wickremaratne and Opposition Leader Sajith Premadasa emphasised their collective responsibility in ensuring transparency in the appointment of civil society representatives.

Cabinet spokesperson and Health and Media Minister, Dr. Nalinda Jayatissa, is on record as having emphasised the urgent need to finalise the appointment. Minister Jayatissa alleged, at the post-Cabinet media briefing, that the President’s nominations had been rejected without giving explanation by certain members, including three representatives of civil society.

Parliament, on 18 January, 2023, approved the former Ministry Secretary Dr. Ramanujam, former Chairperson of the Sri Lanka Medical Association Dr. Wijesundere, and Dr. Samararatne of the University of Colombo as civil society representatives to the CC.

They were the first post-Aragalaya civil society members of the CC. The current CC was introduced by the 21 Amendment to the Constitution which was endorsed on 31st of October, 2022, during a time of grave uncertainty. UNP leader Ranil Wickremesinghe, who had been elected by the SLPP to complete the remainder of ousted President Gotabaya Rajapaksa’s five-year term, sought to manipulate the CC. Wickremesinghe received the SLPP’s backing though they fell out later.

During Wickremesinghe’s tenure as the President, civil society representatives earned the wrath of the then Rajapaksa-Wickremesinghe government by refusing to back Deshabandu Tennakoon’s appointment as the IGP. The then Speaker Mahinda Yapa Abeywardena was accused of manipulating CC’s ruling in respect of Deshabandu Tennakoon to suit Wickremesinghe’s agenda.

Amidst a simmering row over the controversial move to have Deshabandu Tennakoon as the IGP, at the time of crucial presidential election, Opposition Leader Sajith Premadasa alleged: “The Speaker sent a letter to the President, recommending the appointment of Deshabandu Tennakoon as IGP. He distorted the Constitutional Council ruling by interpreting the two abstaining votes of civil society members as votes against Deshabandu and used his casting vote to recommend Deshabandu as the Constitutional Council decision. It is on the basis of the Speaker’s letter that the President made the appointment. The Speaker has blatantly violated the Constitution.”

The NPP realises the urgent need to neutralise the CC. The composition of the CC does not give the Opposition an opportunity to challenge the government if the next three civil society representatives succumb to political pressure. The Speaker is the Chairman of the CC. The present composition of the Constitutional Council is as follows: Speaker (Dr) Jagath Wickramaratne, ex-officio, PM (Dr) Harini Amarasuriya, ex-officio, Leader of the Opposition Sajith Premadasa, ex-officio, Bimal Rathnayake, Aboobucker Athambawa, Ajith P. Perera, Sivagnanam Shritharan, Dr Prathap Ramanujam, Dr Dilkushi Anula Wijesundere and Dr Dinesha Samararatne.

In terms of Article 41E of the Constitution, the CC meets at least twice every month, and may meet as often as may be necessary.

The failure on the part of the NPP to take over Office of the AG must have compelled them to explore ways and means of somehow bringing CC under its influence. The end of the current civil society members’ term, has given the government a chance to fill the vacancies with henchmen.

BASL’s letters that dealt with the appointment of civil society representatives to the CC and the failure to appoint AG, both dated 22 December, paint a bleak picture of the NPP that throughout the presidential and parliamentary polls last year assured the country of a system change. The NPP’s strategy in respect of filling the AG’s vacancy and possible bid to manipulate the CC through the appointment of civil society representatives reminds us of the despicable manipulations undertaken by previous governments.

An appeal to goverment

BASL seems convinced that the NPP would make an attempt to appoint its own to the CC. BASL has urged the government to consult civil society and professional bodies, including them, regarding the forthcoming vacancies in the CC. It would be interesting to examine the NPP’s strategy as civil society, too, would face daunting challenges in choosing representatives.

Civil society representatives are nominated by the Speaker by agreement of the Prime Minister and the Leader of the Opposition.

If consensus cannot be reached swiftly, it would cause further political turmoil at a time the country is experiencing an unexpected burden of dealing with the post-Cyclone Ditwah recovery process.

The term of non-ex-officio members of the Council is three years from the date of appointment. In terms of the Constitution, the civil society representatives should be persons of eminence and integrity who have distinguished themselves in public or professional life and who are not members of any political party. Their nominations should be approved by Parliament.

In spite of the NPP having an absolute 2/3 majority in Parliament, the ruling party is under pressure. The composition of the CC is a big headache for NPP leaders struggling to cope up with rising dissent over a spate of wrongdoings and a plethora of broken promises. The furore over the inordinate delay in finalising AG’s appointment has made matters worse, particularly against the backdrop of the BASL, Transparency International Sri Lanka Chapter and Committee on Public Finance, taking a common stand.

Having been part of the clandestine regime change project in 2022; Western powers and India cannot turn a blind eye to what is going on. Some Colombo-based foreign envoys believe that there is no alternative to the NPP and the government should be given the opportunity to proceed with its action plan. The uncompromising stand taken by the NPP with regard to the appointment of permanent AG has exposed the ruling party.

In the wake of ongoing controversy over the appointment of the AG, the NPP’s integrity and its much-touted vow to tackle waste, corruption, irregularities and mismanagement seems hollow.

The government bigwigs must realise that appointment of those who campaigned for the party at the presidential and parliamentary polls caused deterioration of public confidence. The appointment of ex-top cops Sharnie Abeysekera and Ravi Seneviratne with black marks as Director, CID and Secretary to the Ministry of Public Security and Parliamentary Affairs, eroded public confidence in the NPP administration.

A vital role for CC

The SLPP, reduced to just three lawmakers in the current Parliament, resented the CC. Having secured a near 2/3 majority in the House at the 2020 Parliamentary election, the SLPP made its move against the CC, in a strategy that was meant to strengthen President Gotabaya Rajapaksa’s hands at the expense of Parliament. Introduced in 2001 during Chandrika Bandaranaike Kumaratunga’s presidency, the 17th Amendment paved the way for the establishment of the CC. Those who wielded political power subjected the CC to critical changes through 18th, 19th and 20th amendments. Of them, perhaps, the 20th Amendment to the Constitution that had been passed in October 2020 is the worst. The SLPP replaced the CC with a Parliamentary Council. That project was meant to consolidate power in the Executive President, thereby allowing the appointment of key officials, like judges, the Attorney General, and heads of independent commissions.

People may have now forgotten the 20th Amendment removed civil society representatives from the so-called Parliamentary Council consisting of lawmakers who represented the interests of the government and the main Opposition. But such manipulations failed to neutralise the challenge (read Aragalaya) backed by external powers. The role played by the US and India in that project has been established and there cannot be any dispute over their intervention that forced Gotabaya Rajapaksa to flee the country.

Interestingly, Ranil Wickremesinghe, who had been picked by the SLPP to complete the remainder of Gotabaya Rajapaksa’s term, restored the CC through the passage of 21 Amendment on 31 October, 2022. Unfortunately, the NPP now wants to manipulate the CC by packing it with those willing to abide by its agenda.

It would be pertinent to mention that the 20th Amendment was aimed at neutralising dissent at any level. Those who formulated that piece of legislation went to the extent of proposing that the President could sack members appointed to the Parliamentary Council by the Prime Minister and the Opposition Leader without consulting anyone.

If not for the Aragalaya, the Parliamentary Council that didn’t serve any meaningful purpose could have paved the way for the President to fill all key positions with his nominees.

Recommendation of nominations to the President for the appointment of Chairpersons and Members of Commissions specified in the Schedule to Article 41B of the Constitution.

Commissions specified in the Schedule to Article 41B: The Election Commission, the Public Service Commission, the National Police Commission, the Audit Service Commission, the Human Rights Commission of Sri Lanka, the Commission to Investigate Allegations of Bribery or Corruption, the Finance Commission, the Delimitation Commission and the National Procurement Commission.

Approval/ Disapproval of recommendations by the President for the appointment to the Offices specified in the Schedule to Article 41C of the Constitution.

Offices specified in the Schedule to Article 41C: The Chief Justice and the Judges of the Supreme Court, the President and the Judges of the Court of Appeal, the Members of the Judicial Service Commission, other than the Chairman, the Attorney-General, the Governor of the Central Bank of Sri Lanka, the Auditor-General, the Inspector-General of Police, the Parliamentary Commissioner for Administration (Ombudsman) and the Secretary-General of Parliament.

NPP under pressure

In spite of having the executive presidency, a 2/3 majority in the legislature, and the bulk of Local Government authorities under its control, the NPP is under pressure. Their failure to muster sufficient support among the members of the Colombo Municipal Council (CMC) to pass its 2026 Budget underscored the gravity of the developing situation. The unexpected loss suffered at the CMC shook the ruling party.

But, the NPP faces a far bigger challenge in filling the AG’s vacancy as well as the new composition of the CC. If the NPP succeeds with its efforts to replace the current civil society representatives with rubber stamps, the ruling party may feel vindicated but such feelings are likely to be short-lived.

Having criticised the government over both contentious matters, the BASL may be forced to step up pressure on the government unless they can reach a consensus. It would be really interesting to know whether the government accepted the BASL’s request for consultations with the stakeholders. Unless consensus can be reached between the warring parties there is possibility of opening of a new front with the BASL and civil society being compelled to take a common stand against the government.

The developing scenario should be examined taking into consideration political parties and civil society confronting the government over the proposed Protection of the State from Terrorism Act (PSTA). Having promised to do away with the Prevention of Terrorism Act (PTA) in the run up to the presidential election, the NPP is trying to explain that it cannot do without anti-terrorism law. The civil society is deeply unhappy over the NPP’s change of heart.

The National Peace Council (NPP) that has been generally supportive and appreciative of the NPP’s efforts probably with the blessings of its benefactors in the West, too, has now found fault with the proposed PSTA. Dr. Jehan Perera, NPP’s Executive Director commented: “A preliminary review of the draft PSTA indicates that it retains core features of the PTA that have enabled serious abuse over decades. These include provisions permitting detention for up to two years without a person being charged before a court of law. In addition, the broad definition of terrorism under the draft law allows acts of dissent and civil disobedience to be labelled as terrorism, thereby permitting disproportionate and excessive responses by the state. Such provisions replicate the logic of the PTA rather than mark a clear break from it.”

Except the BASL, other professional bodies and political parties haven’t commented on the developing situation at the CC while taking into consideration the delay in appointing an AG. The issue at hand is whether the government intends to hold up AG’s appointment till the change of the CC’s composition in its favour. Whatever the specific reasons, a country that has suffered for want of accountability and transparency, enters 2026 without such an important person to guard against all types of financial shenanigans in the state.

All previous governments sought to influence the Office of the AG. The proposed establishment of NAO prompted the powers that be to undermine the effort. The Yahapalana administration diluted the National Audit Bill and what had been endorsed as National Audit Act, Nov. 19 of 2018 was definitely not the anti-corruption grouping originally proposed. That Act was amended this year but the Office of the AG remains vacant.

The NPP has caused itself immense harm by failing to reach consensus with the CC on filling the AG’s post. Unfortunately, the ruling party seems to be uninterested in addressing the issue expeditiously but is exploring the possibility of taking over control of the CC by stuffing it with civil society members favourable to the current ruling clique.

By Shamindra Ferdinando

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Midweek Review

Towards Decolonizing Social Sciences and Humanities

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‘Can Asians Think?’

want to initiate this essay with several questions. That is, are we, in Sri Lanka and in our region, intellectually subservient to what is often referred to as the ‘West’? Specifically, can knowledge production in broad disciplinary areas such as social sciences and humanities be more creative, original and generated in response to local conditions and histories, particularly when it comes to practices such as formulating philosophy and theory as well as concepts and approaches? Why have we so far imported these from Western Europe and North America as has been the undisputed norm?

In exploring the responses and delving into this discussion, I will seek reference from the politics of the recently published book, Decolonial Keywords: South Asian Thoughts and Attitudes edited by Renny Thomas from the Department of Humanities and Social Sciences at the Indian Institute of Science Education and Research – Bhopal and me. The book was brought out by Delhi-based Tulika Publishers in December 2025.

Let me first unpack my anxiety over theory and philosophy, which I have talked about many times previously too. Any social science or humanities text we read here or elsewhere in South Asia invariably borrows concepts, theories and philosophical input generated mostly in Western Europe and North America. It almost appears as if our region is incapable of serious and abstract thinking. It is in this same context, but specifically with reference to India that Prathama Banerjee, Aditya Nigam and Rakesh Pandey have observed in their critical essay, ‘The Work of Theory Thinking across Traditions’ (2016), that for many “theory appears as a ready-made body of philosophical thought, produced in the West …” They argue, “the more theory-inclined among us simply pick the latest theory off-the-shelf and ‘apply’ it to our context, notwithstanding its provincial European origin, for we believe that ‘theory’ is by definition universal.”

Here, Banerjee et al make two important points. That is, there is an almost universal acceptability in the region that ‘theory’ is a kind of philosophical work that is exclusively produced in the West, followed by an almost blind and unreflective readiness among many of us to simply apply these ideas to local contexts. In doing so, they fail to take into serious consideration the initial temporal and historical contexts in which these bodies of knowledge were generated. However, theory or philosophy is not universal.

This knowledge is contextually linked to very specific social, political and historical conditions that allowed such knowledge to emanate in the first place. It therefore stands to reason that such knowledge cannot be applied haphazardly/ willy-nilly anywhere in the world without grave consequences. Of course, some ideas can be of universal validity as long as they are carefully placed in context. But to perceive theory or philosophy as all-weather universals is patently false even though this is the way they are often understood from universities to segments within society in general. This naiveté is part of the legacy of colonialism from which these disciplines as well as much of their theoretical and philosophical structures have been bequeathed to us.

It is in this context that I would like to discuss the politics our book, Decolonial Keywords: South Asian Thoughts and Attitudes entail. Here, thirty South Asian scholars from across disciplines in social sciences and humanities have come together to “discuss words and ideas from a variety of regional languages, ranging from Sinhala to Hebrew Malayalam” encapsulating “the region’s languages and its vast cultural landscape, crossing national borders.” To be more specific, these languages include Assamese, Arabic-Malayalam, Bengali, Hebrew Malayalam, Hindi, Nepali, Sanskrit, Sinhala, South Asian uses of English, Tamil-Arabic, Tamil, Urdu and concepts from indigenous languages of Nagaland and Arunachal Pradesh.

Each chapter, focuses on a selected word and “reiterates specific attitudes, ways of seeing and methods of doing that are embedded in the historical and contemporary experiences of the region” keeping in mind “the contexts of their production and how their meanings might have changed at different historical moments.”

In this exploration, the volume attempts to understand “if these words and concepts can infuse a certain intellectual rigour into reinventing social sciences and humanities in the region and beyond.” In short, what we have attempted is to offer a point of departure to a comprehensive and culturally, linguistically and politically inclusive effort at theory-building and conceptual fine-tuning based on South Asian experiences and histories. We assume these concepts from our region might be able to speak to the world in the same way schools of thought in politically dominant regions of the world have done so far to us. This is a matter of decolonizing our disciplines. But it is still not a claim for universality. After all, our main focus is to come up with a body of conceptual categories that might be useful in reading the region.

When Sri Lankan social sciences and humanities as well as the same disciplines elsewhere in the region thoughtlessly embrace knowledges imported in conditions of unequal power relations, it can never produce forums for discourse from which we can speak to the world with authority. In this book, Thomas and I have attempted, as an initial and self-conscious effort, to flip the script on theory-building and conceptualization in social sciences and humanities in South Asia in the region’s favour.

We are however mindful that this effort has its risks, intellectually speaking. That is, we are conscious this effort must be undertaken without succumbing to crude and parochial forms of nativism that are also politically powerful in the region including in Sri Lanka and India. This book presents an array of possibilities if we are serious about decolonizing our social sciences and humanities to infuse power into the discourses we generate and take them to the world instead of celebrating our parochiality like the proverbial frog in the well. Unfortunately, more often than not, we are trained to be intellectually subservient, and mere followers, not innovators and leaders bringing to mind the polemical title of Kishore Mahbubani’s 2002 book, Can Asians Think?

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Midweek Review

The ever-changing river: Chandana Ruwan Jayanetti’s evolving poetic voice

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Poems from Galle , by Chandana Ruwan Jayanetti, was launched on December 20 at Dakshinapaya, the auditorium of the Chief Ministry of the Southern Provincial Council, Labuduwa, Galle. Head table at the launch (from left): author Jayanetti; Minister of Buddhasasana, Religious and Cultural Affairs Dr. Hiniduma Sunil Senevi; Emeritus Professor Rajiva Wijesinha; and renowned poet, lyricist, and literary figure Dr. Rathna Sri Wijesinghe.

It is said that no man steps into the same river twice, for it is not the same river, and he is not the same man. These words came to mind upon reading Chandana Ruwan Jayanetti’s latest poetry collection, Poems from Galle, which inevitably invites comparison with his earlier work, particularly his first volume of poetry and prose, Reflections in Loneliness: A Collection of Poems and Prose (2015).

In this new collection, Jayanetti is demonstrably not the same poet he was a decade ago. His horizons have widened. his subject matter has diversified, and his thematic range has deepened. The earlier hallmarks of his work, including his empathetic attention to human experience, sensitivity to the natural world, and intimate, reflective tone, remain present. Yet they are now complemented by a stronger defiance, a more deliberate engagement with the political and the cosmic, and a broader mosaic of local and universal concerns. His poetic voice has evolved in scope, tonal range, and thematic ambition.

My own acquaintance with Jayanetti’s poetry dates back to our undergraduate days at Sabaragamuwa University of Sri Lanka, where we were classmates pursuing a BA in Languages (English Special). Even then, his work revealed precise observational skill coupled with profound sympathy for individuals. This early sensibility found fuller articulation in Reflections in Loneliness, a collection spanning nearly two decades of creative endeavor.

That inaugural volume traversed a wide thematic landscape: childhood memories; tender compassion toward humans and animals; tributes to the deserving; the joys and sorrows of young love; and reflections on Sri Lanka’s three-decade Northeast conflict, which concluded in 2009. Jayanetti’s verse, written with sincerity and empathy, moves fluidly from deeply personal to universally human. Moments of striking poignancy include the loss of his wife’s mother, the death of a young friend who marched unflinchingly to the warfront, and the bittersweet parting from a lover.

The prose section of Reflections in Loneliness offered a return to the rural simplicity of the 1970s and ’80s through the perspective of a schoolboy. Essays such as We Buy a Bicycle, Television Descends, The Village Goes to the Fair, Bathing Excursions and Hingurakanda evoke a bygone era with unvarnished authenticity. As literary critic Kamala Wijeratne noted, Jayanetti’s prose merited commendation for its perceptive and affectionate portrayal of rural life, written with the authority of lived experience. His meticulous attention to minute details revealed not only the flaws and frailties of human nature but also its loyalties and quiet virtues, articulated with unforced sympathy.

Consisting of 31 poems and five prose pieces, Reflections in Loneliness established Jayanetti as a writer of elegance, precision, and emotional depth. The current collection, however, confirms the Heraclitean and Buddhist insights: both the poet and his poetry have changed. The new work reflects an expansion from the personal to the cosmic, from the intimately local to the globally resonant, a testament to an artist in motion, carried forward by the ever-changing current of his creative life.

Jayanetti’s poetic corpus in the new book Poems from Galle, spanning thirty-five evocative works from They Heard the Cock Crow to A Birthday Celebration, reveals a profound and consistent artistic signature rooted in themes of humanity, nature, history, and social consciousness. Throughout these poems, Jayanetti demonstrates a distinctive voice that is simultaneously empathetic, contemplative, and alert to the complexities of his Sri Lankan heritage and the broader human condition. While maintaining a core of thematic and tonal consistency, each poem enriches this foundation by expanding into new dimensions of experience, whether personal, ecological, political, or historical.

A foundational element of Jayanetti’s poetry is the intimate relationship between humans and nature, frequently underscored by a deep ethical awareness. In poems like From a Herdman’s Life and My Neighbor, he gives voice to the quiet dignity of rural existence and animal companionship, portraying a symbiotic bond imbued with mutual care and respect. Similarly, Fallen Elephant and Inhumanity lament the cruelty inflicted upon majestic creatures, indicting human greed and violence. These poems articulate not only empathy for the natural world but also an implicit call for stewardship, threading a moral sensibility throughout the collection.

This concern extends to the socio-political sphere, as Jayanetti often situates his poems within the fraught realities of Sri Lanka’s history and struggles. Homage to Sir Henry Pedris honors a national martyr, while Confession of a Sri Lankan Cop exposes institutional corruption and personal integrity in tension. Hanuma Wannama and Gone Are They tackle political violence and social upheaval, reflecting the poet’s engagement with national trauma and collective memory. These works enrich the thematic landscape by connecting personal narrative to larger historical forces.

Jayanetti’s choice of subjects is remarkably diverse yet unified by a focus on lived experience—ranging from the intimate (To a Puppy That Departed, Benji) to the grand (Mekong, A Voyage). The poet’s attention to place, whether the Sri Lankan cityscape in City Morning and Evening from the College Terrace or the historic Ode to Galle Fort, anchors his work in locality while evoking universal themes of time, change, and belonging. Even poems centered on seemingly mundane moments, such as Staff Meeting or A Game, are elevated by the poet’s keen observational eye and capacity to find meaning in everyday rituals.

Moreover, Jayanetti often draws from historical and cultural memory, as seen in Ludowyk Remembered, Let Ho Chi Minh Guide You, and Rathna Sri Remembered, positioning his poetry as a dialogue between past and present. This choice expands his thematic range to include legacy, identity, and the power of remembrance, linking the individual to the collective consciousness.

Across the collection, Jayanetti’s tone is marked by a blend of gentle empathy and quiet strength. Poems such as A Companion Departed and To a Puppy That Departed convey tenderness and mourning with understated poignancy. His voice is intimate and accessible, inviting readers into personal reflections suffused with emotional depth.

Yet, this empathy is balanced by moments of stark realism and defiance.

In Corona and Hanuma Wannama, the tone shifts to urgent and accusatory, critiquing social injustice and political decay. A Ship Weeps mourns environmental devastation with an elegiac voice that is both sorrowful and admonitory. This tonal range reveals a poet capable of both consolation and confrontation, who embraces complexity rather than sentimentality.

While many poems explore specific moments or relationships, others invite contemplation on broader existential and cosmic themes. For instance, A Voyage and Mekong traverse spatial and temporal boundaries, evoking the interplay between human journeys and natural cycles. A Birthday Celebration reflects on legacy, learning, and the continuum of knowledge, blending personal homage with universal insight.

Even poems like A Bond and A Game gesture toward symbolic resonance, the former exploring interspecies loyalty as a metaphor for fidelity and duty, the latter invoking sport as a microcosm of life’s challenges and hopes. These works demonstrate Jayanetti’s ability to expand familiar motifs into metaphoric and philosophical territory, enriching his poetic landscape.

Jayanetti’s thirty-five poems in Poems from Galle collectively reveal a consistent and compelling artistic signature that intertwines compassionate engagement with nature and society, a profound sense of place, and an acute awareness of history and memory. His voice navigates seamlessly between moments of intimate reflection and urgent social commentary, creating a poetic landscape that resonates with both specificity and universality.

Each poem adds a distinct dimension to this mosaic. Historical and political awareness emerges strongly in poems like Let Ho Chi Minh Guide You and Homage to Sir Henry Pedris, where the sacrifices of national heroes and struggles for justice are evoked with reverence and clarity. Meanwhile, environmental consciousness is vividly articulated in works such as Abandoned Chena, Kottawa Forest, and Fallen Elephant, where the fragility of ecosystems and the human impact on nature are poignantly explored.

Jayanetti also delves deeply into themes of personal loss and companionship in poems like Benji, A Companion Departed, and In Memory of Brownie, tenderly capturing the bond between humans and animals. Poems like Confession of a Sri Lankan Cop and Hanuma Wannama offer raw social critique, revealing layers of political and moral complexity.

Through this interplay of historical, environmental, personal, and political themes, Jayanetti constructs a body of work that is distinctly Sri Lankan in its cultural and geographical grounding yet profoundly universal in its exploration of human experience. His poetry invites readers to reflect on the interconnected fates of humans, animals, and the natural world, urging a deeper awareness of our shared existence and responsibilities.

by Saman Indrajith

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