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Sports Law reforms – lessons for the present and for the future

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By Nuwan Peiris

Constitutions of National Sports Associations of all nations are the last bastions of aristocracy – and it is time to move on!

Proposes an Independent Sports Investigation and Inquiry Commission in line with Australian law

Proposes the power to issue directives by the DG of the Department of Sports to all National Sports Association

Apply the Right to Information Act to all Sports Associations

In Sri Lanka, sports, at many levels are becoming thriving commercial investments. And for those who have dedicated their lives tor various sports want them to be developed as a viable commercial industry. But do we have a proper regulatory system for that in Sri Lanka? Is the existing Sports Law – promulgated way back in 1973, amended in 1993, 1998 and 2005 – sufficient to develop sports as a commercial industry and support those who engage in sports as a profession?

This write-up examines the implications of continuous corruption, abuse of power and mismanagement by national associations of sports in Sri Lanka, and what needs to be done to overcome this. For example, irregularities in foreign tours, questionable spending and lack of accountability, favouritism and many other issues have become rampant notwithstanding the recent regulations passed by the Sports Minister.

At the end of this article the writer proposes urgent legal reforms that should be introduced to arrest this situation of serious mismanagement. He proposes the following; (1) an Independent Sports Investigation and Inquiry Commission, (2) the power to issue directives by the Director General to all national sports associations to surrender documents and disclose all decisions made by such bodies, (3) to make applicable the Right to Information Act, mutatis mutandis, to all sports associations notwithstanding such bodies being non-public bodies.

There is a caveat in these proposals. These proposals reflect the irreducible minimum that Parliament can legislate until such time a parliamentary select committee is appointed to formulate much more comprehensive Sports Regulatory Act, where the powers are similar to those in Australia – if not better.

The Sri Lanka Cricket Board Controversy

The National Audit Service Commission (NASC) initiated investigations under the leadership of a retired High Court Judge on irregularities involving the Sri Lanka Cricket Board. The news surrounding the reports/draft reports caused much consternation among the public. It is commendable to note the initiative taken by the Auditor General to appoint a committee headed by a retired High Court Judge to investigate such anomalies and mismanagement of the cricket board. The question now is the next legal steps that would be taken by the powers that be. However, the members of the public needs to have access to the full report. It is best that the Auditor General presents his report to Parliament, or an MP calls for its presentation.

It needs to be observed that while the Cricket Board has got much attention in the context of the popularity of the game, it is also important that similar interest is shown where other sports are concerned. The livelihoods of so many sportsmen, coaches and other support staff depend on the proper functioning of the various sports bodies.

Why we need a Sports Investigation and Inquiry Commission?

The important point here is that an independent sports body or commission is available to aggrieved parties to lodge complaints so that malpractices of national sports associations can be investigated. It is in this context, that the writer proposes a Sports Investigation and Inquiry Commission (SIIC) to investigate and inquire into corruption and malpractices of the national sports associations.

The jurisdiction of such a SIIC can be broad. It will include, but not be limited to;

(1) review of terms of player contracts, which includes contracts for coaches and other support staff

(2) investigate and inquire into corruption and malpractices of sports associations etc.,

Parallel to such reforms, more power should be given to the DG of Sports as the regulator to intervene on such matters like malpractices. Such directives should be wide enough to summon documents, resolutions etc, and upon finding any irregularities that come within the jurisdiction, the DG, if he so wishes, can submit such matters to the SIIC for further investigations and orders.

Another important aspect is to make applicable the Right to Information Act, mutatis mutandis, to all sports associations notwithstanding such bodies being non-public bodies.

The Regulatory Dilemma in Sports Law

Some governing bodies of national sports associations are one of the last bastions of the aristocracy. Some aristocrats – and self-proclaimed aristocrats – use their sports association positions to climb the social ladder, a phenomenon that is common in many countries. They converge into such places, like an irremovable barnacle attached to a ship’s hull, for their own social glory. They do not act in the best interests of the sports associations they represent nor their commercial success and continue in office even at a ripe old age. This is a common feature in many countries.

This dilemma is reflected in the legislation governing sports bodies in many countries. The governing bodies of these national sports associations are elected from those who manage the sports clubs – and all those sports associations’ constitutions bear evidence of this fact. The sports associations thereafter act as the regulator of the sport, thus controlling the entire fate of the sport in line with the wishes of their returning bodies, namely the sports clubs. Anyone who crosses the path of the politics and social norms of such ‘sports clubs’ will certainly earn the wrath of the governing sports bodies and are dealt with swiftly, effectively and ferociously.

This is a curious proposition to a legal mind. Because according to the legal theory – or more precisely, administrative law and public law principles – a regulatory body must have a considerable degree of independence from the industry which it seeks to police/supervise. For example, in order to regulate the banking industry, banks do not elect the regulator. The central bank here or the federal reserve (in the US) are independent bodies unconnected to the commercial banks they regulate. Central bank regulatory appointments are generally, statutorily vetted by an independent process. Similarly, the Director General of Merchant Shipping who acts as the regulator of the merchant shipping sector is not elected by the shipping community. The appointment is a separate process. But the sports governing bodies are different.

Take the following provision – section 29 – from Sports Law No. 25 of 1973, as amended;

Registration of National Associations of Sports

29. When a sport or group of sports is named by an Order under section 28-

(a) any National Association of such sport or group of sports, which is in existence at the time such Order is made, shall, within three months of the publication of such Order in the Gazette, apply for registration in accordance with the succeeding provisions of this Law; and

The relevant national association, notwithstanding its national status being granted, is still in the hands of private persons when it come to managing the sports.

The survival of the archaic law

All this had been fine long years ago when sports was the past time of the social elite. When sports came down to the middle and lower social classes and transformed as a professional and commercial endeavour, there arose a necessity to regulate the sports. Many countries promulgated sports legislation, but did not disturb the grassroots structures of such sports administration where the governing members of the sports bodies are still elected from sports clubs – and clubs which, at times, represents sports as well as the social norms of that class/region.

To modestly counter balance such broad based politics of sports associations, sports legislation around the world did not therefore substitute sports associations controlling power with a government appointed independent regulator. This would have been suicidal for any political party in any country.

However, this was not the case in other fields like the banking, shipping, telecommunication etc. Many historic and economic events led to the creation of independent regulators in these fields. But sports legislation did not follow suit.

The government appointed sports regulator in Sri Lanka is the Director General of Sports; and he, quite often takes a back stage when come to managing sports associations. His policing powers are significantly less compared to the powers of the central bank regulator or the merchant shipping regulator. The question here is whether the government appointed regulator for sports is no better than the Registrar of Companies under the Companies Act or the land registry?

In order to counter balance the overwhelming power of the national sports associations and its far-reaching effects on sports and perople’s lives, countries like Australia introduced a Sports Commission. The Australian Sports Commission (ASC) is the Australian Government agency responsible for supporting and investing in sport at all levels. The ASC was established in 1985 under the Australian Sports Commission Act 1989 and functions in accordance with the Public Governance, Performance and Accountability Act 2013.

But the drawback is that such independent commissions are reactive and comes into the picture after an appeal or a complaint; and, most definitely, do not get involved in the day to day administration of the sports bodies as a regulator – but nevertheless, as an immediate measure, the writer propose this system as a compromise until we find a permanent solution.

Some thoughts for the future

Finally, it is the time to revamp the old sports law and start to think afresh – and a good starting point will be to consider the Australian Sports Commission Act 1989. We must have the courage to formulate laws to establish independently appointed regulators through an independent statutory vetting body to replace the existing sports associations to govern each sport, rather than allowing the sports sector run by those elected by their own clubs to ‘so- called’ national sports associations – based on the constitutions written by, in some occasions, cloistered groups for their self-serving interests.

(The writer is an Attorney, Chartered Shipbroker (UK) and UN-ITLOS Nippon Fellow 2012/2013. He holds M.Sc. Logistics (BCU-UK), LL.M (International Maritime Law) (IMO-IMLI), LL. M (International Trade Law) (Wales), LL.B (O.U.S.L). For comments, please write to nuwanpeiris.lawyer@gmail.com )



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Features

Sheer rise of Realpolitik making the world see the brink

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A combined US-Israel attack on Iran.(BBC)

The recent humanly costly torpedoing of an Iranian naval vessel in Sri Lanka’s Exclusive Economic Zone by a US submarine has raised a number of issues of great importance to international political discourse and law that call for elucidation. It is best that enlightened commentary is brought to bear in such discussions because at present misleading and uninformed speculation on questions arising from the incident are being aired by particularly jingoistic politicians of Sri Lanka’s South which could prove deleterious.

As matters stand, there seems to be no credible evidence that the Indian state was aware of the impending torpedoing of the Iranian vessel but these acerbic-tongued politicians of Sri Lanka’s South would have the local public believe that the tragedy was triggered with India’s connivance. Likewise, India is accused of ‘embroiling’ Sri Lanka in the incident on account of seemingly having prior knowledge of it and not warning Sri Lanka about the impending disaster.

It is plain that a process is once again afoot to raise anti-India hysteria in Sri Lanka. An obligation is cast on the Sri Lankan government to ensure that incendiary speculation of the above kind is defeated and India-Sri Lanka relations are prevented from being in any way harmed. Proactive measures are needed by the Sri Lankan government and well meaning quarters to ensure that public discourse in such matters have a factual and rational basis. ‘Knowledge gaps’ could prove hazardous.

Meanwhile, there could be no doubt that Sri Lanka’s sovereignty was violated by the US because the sinking of the Iranian vessel took place in Sri Lanka’s Exclusive Economic Zone. While there is no international decrying of the incident, and this is to be regretted, Sri Lanka’s helplessness and small player status would enable the US to ‘get away with it’.

Could anything be done by the international community to hold the US to account over the act of lawlessness in question? None is the answer at present. This is because in the current ‘Global Disorder’ major powers could commit the gravest international irregularities with impunity. As the threadbare cliché declares, ‘Might is Right’….. or so it seems.

Unfortunately, the UN could only merely verbally denounce any violations of International Law by the world’s foremost powers. It cannot use countervailing force against violators of the law, for example, on account of the divided nature of the UN Security Council, whose permanent members have shown incapability of seeing eye-to-eye on grave matters relating to International Law and order over the decades.

The foregoing considerations could force the conclusion on uncritical sections that Political Realism or Realpolitik has won out in the end. A basic premise of the school of thought known as Political Realism is that power or force wielded by states and international actors determine the shape, direction and substance of international relations. This school stands in marked contrast to political idealists who essentially proclaim that moral norms and values determine the nature of local and international politics.

While, British political scientist Thomas Hobbes, for instance, was a proponent of Political Realism, political idealism has its roots in the teachings of Socrates, Plato and latterly Friedrich Hegel of Germany, to name just few such notables.

On the face of it, therefore, there is no getting way from the conclusion that coercive force is the deciding factor in international politics. If this were not so, US President Donald Trump in collaboration with Israeli Rightist Premier Benjamin Natanyahu could not have wielded the ‘big stick’, so to speak, on Iran, killed its Supreme Head of State, terrorized the Iranian public and gone ‘scot-free’. That is, currently, the US’ impunity seems to be limitless.

Moreover, the evidence is that the Western bloc is reuniting in the face of Iran’s threats to stymie the flow of oil from West Asia to the rest of the world. The recent G7 summit witnessed a coming together of the foremost powers of the global North to ensure that the West does not suffer grave negative consequences from any future blocking of western oil supplies.

Meanwhile, Israel is having a ‘free run’ of the Middle East, so to speak, picking out perceived adversarial powers, such as Lebanon, and militarily neutralizing them; once again with impunity. On the other hand, Iran has been bringing under assault, with no questions asked, Gulf states that are seen as allying with the US and Israel. West Asia is facing a compounded crisis and International Law seems to be helplessly silent.

Wittingly or unwittingly, matters at the heart of International Law and peace are being obfuscated by some pro-Trump administration commentators meanwhile. For example, retired US Navy Captain Brent Sadler has cited Article 51 of the UN Charter, which provides for the right to self or collective self-defence of UN member states in the face of armed attacks, as justifying the US sinking of the Iranian vessel (See page 2 of The Island of March 10, 2026). But the Article makes it clear that such measures could be resorted to by UN members only ‘ if an armed attack occurs’ against them and under no other circumstances. But no such thing happened in the incident in question and the US acted under a sheer threat perception.

Clearly, the US has violated the Article through its action and has once again demonstrated its tendency to arbitrarily use military might. The general drift of Sadler’s thinking is that in the face of pressing national priorities, obligations of a state under International Law could be side-stepped. This is a sure recipe for international anarchy because in such a policy environment states could pursue their national interests, irrespective of their merits, disregarding in the process their obligations towards the international community.

Moreover, Article 51 repeatedly reiterates the authority of the UN Security Council and the obligation of those states that act in self-defence to report to the Council and be guided by it. Sadler, therefore, could be said to have cited the Article very selectively, whereas, right along member states’ commitments to the UNSC are stressed.

However, it is beyond doubt that international anarchy has strengthened its grip over the world. While the US set destabilizing precedents after the crumbling of the Cold War that paved the way for the current anarchic situation, Russia further aggravated these degenerative trends through its invasion of Ukraine. Stepping back from anarchy has thus emerged as the prime challenge for the world community.

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A Tribute to Professor H. L. Seneviratne – Part II

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A Living Legend of the Peradeniya Tradition:

(First part of this article appeared yesterday)

H.L. Seneviratne’s tenure at the University of Virginia was marked not only by his ethnographic rigour but also by his profound dedication to the preservation and study of South Asian film culture. Recognising that cinema is often the most vital expression of a society’s aspirations and anxieties, he played a central role in curating what is now one of the most significant Indian film collections in the United States. His approach to curation was never merely archival; it was informed by his anthropological work, treating films as primary texts for understanding the ideological shifts within the subcontinent

The collection he helped build at the UVA Library, particularly within the Clemons Library holdings, serves as a comprehensive survey of the Indian ‘Parallel Cinema’ movement and the works of legendary auteurs. This includes the filmographies of directors such as Satyajit Ray, whose nuanced portrayals of the Indian middle class and rural poverty provided a cinematic counterpart to H.L. Seneviratne’s own academic interests in social change. By prioritising the works of figures such as Mrinal Sen and Ritwik Ghatak, H.L. Seneviratne ensured that students and scholars had access to films that wrestled with the complex legacies of colonialism, partition, and the struggle for national identity.

These films represent the ‘Parallel Cinema’ movement of West Bengal rather than the commercial Hindi industry of Mumbai. H.L. Seneviratne’s focus initially cantered on those world-renowned Bengali masters; it eventually broadened to encompass the distinct cinematic languages of the South. These films refer to the specific masterpieces from the Malayalam and Tamil regions—such as the meditative realism of Adoor Gopalakrishnan or the stylistic innovations of Mani Ratnam—which are culturally and linguistically distinct from the Bengali works. Essentially, H.L. Seneviratne is moving from the specific (Bengal) to the panoramic, ensuring that the curatorial work of H.L. Seneviratne was not just a ‘Greatest Hits of Kolkata’ but a truly national representation of Indian artistry. These films were selected for their ability to articulate internal critiques of Indian society, often focusing on issues of caste, gender, and the impact of modernisation on traditional life. Through this collection, H.L. Seneviratne positioned cinema as a tool for exposing the social dynamics that often remain hidden in traditional historical records, much like the hidden political rituals he uncovered in his early research.

Beyond the films themselves, H.L. Seneviratne integrated these visual resources into his curriculum, fostering a generation of scholars who understood the power of the image in South Asian politics. He frequently used these screenings to illustrate the conflation of past and present, showing how modern cinema often reworks ancient myths to serve contemporary political agendas. His legacy at the University of Virginia therefore encompasses both a rigorous body of writing that deconstructed the work of the kings and a vivid archive of films that continues to document the work of culture in a rapidly changing world.

In his lectures on Sri Lankan cinema, H.L. Seneviratne has frequently championed Lester James Peries as the ‘father of authentic Sinhala cinema.’ He views Peries’s 1956 film Rekava (Line of Destiny) as a watershed moment that liberated the local industry from the formulaic influence of South Indian commercial films. For H.L. Seneviratne, Peries was not just a filmmaker but an ethnographer of the screen. He often points to Peries’s ability to capture the subtle rhythms of rural life and the decline of the feudal elite, most notably in his masterpiece Gamperaliya, as a visual parallel to his own research into the transformation of traditional authority. H.L. Seneviratne argues that Peries provided a realistic way of seeing for the nation, one that eschewed nationalist caricature in favour of complex human emotion.

However, H.L. Seneviratne’s praise for Peries is often tempered by a critique of the broader visual nationalism that followed. He has expressed concern that later filmmakers sometimes misappropriated Peries’s indigenous style to promote a narrow, majoritarian view of history. In his view, while Peries opened the door to an authentic Sri Lankan identity, the state and subsequent commercial interests often used that same door to usher in a simplified, heroic past. This critique aligns with his broader academic stance against the rationalization of culture for political ends.

Constitutional Governance:

H.L. Seneviratne’s support for independent commissions is best described as a hopeful pragmatism; he views them as essential, albeit fragile, instruments for diffusing the hyper-concentration of executive power. Writing to Colombo Page and several news tabloids, H.L. Seneviratne addresses the democratic deficit by creating a structural buffer between partisan interests and public institutions, theoretically ensuring that the judiciary, police, and civil service operate on merit rather than political whim. However, he remains deeply aware that these commissions are not a panacea and are indeed inherently susceptible to the ‘politics of patronage.’

In cultures where power is traditionally exercised through personal loyalties, there is a constant risk that these bodies will be subverted through the appointment of hidden partisans or rendered toothless through administrative sabotage. Thus, while H.L. Seneviratne advocates for them as a means to transition a state from a patron-client culture to a rule-of-law framework, his anthropological lens suggests that the success of such commissions depends less on the law itself and more on the sustained pressure of civil society to keep them honest.

Whether discussing the nuances of a film’s narrative or the complexities of a constitutional clause, H.L. Seneviratne’s approach remains consistent in its focus on the spirit behind the institution. He maintains that a healthy democracy requires more than just the right laws or the right symbols; it requires a citizenry and a clergy capable of critical self-reflection. His career at the University of Virginia and his continued engagement with Sri Lankan public life stand as a testament to the idea that the intellectual’s work is never truly finished until the work of the people is fully realized.

In the context of H.L. Seneviratne’s philosophy, as discussed in his work of the kings ‘the work of the people’ is far more than a populist catchphrase; it represents the practical application of critical consciousness within a democracy. Rather than defining ‘work’ as labour or voting, H.L. Seneviratne views it as the transition of a population from passive subjects to an active, self-reflective citizenry. This means that a democracy is only truly ‘realized’ when the public possesses the intellectual autonomy to look beyond the ‘right laws’ or ‘right symbols’ and instead engage with the underlying spirit of their institutions. For H.L. Seneviratne, this work is specifically tied to the ability of the people—including influential groups like the clergy—to perform rigorous self-critique, ensuring that they are not merely following tradition or authority, but are actively sustaining the ethical health of the nation. It is a perpetual process of civic education and moral vigilance that moves a society from the ‘paper’ democracy of a constitution to a lived reality of accountability and insight.

This decline of the ‘intellectual monk’ had a catastrophic impact on the political landscape, particularly surrounding the watershed moment of 1956 and the ‘Sinhala Only’ movement. H.L. Seneviratne posits that when the Sangha exchanged their role as impartial moral advisors for that of political kingmakers, they became the primary obstacle to ethnic reconciliation. He suggests that politicians, fearing the immense grassroots influence of the monks, entered a state of monachophobia, where they felt unable to propose pluralistic or fair policies toward minority communities for fear of being branded as traitors to the faith. In H.L. Seneviratne’s framework, the monk’s transition from a social servant to a political vanguard effectively trapped the state in a cycle of majoritarian nationalism from which it has yet to escape.

H.L. Seneviratne’s work serves as a multifaceted critique of the modern Sri Lankan state and its cultural foundations. Whether he is dissecting what he sees as the betrayal of the monastic ideal or celebrating the humanistic vision of an Indian filmmaker, his goal remains the same: to champion a world where intellect and compassion are not sacrificed on the altar of political power. His legacy at the University of Virginia and his continued voice in Sri Lankan discourse remind us that the work of the intellectual is to provide a moral compass even, indeed especially, when the nation has lost its way.

(Concluded)

by Professor
M. W. Amarasiri de Silva

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Musical journey of Nilanka Anjalee …

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Nilanka Anjalee Wickramasinghe is, in fact, a reputed doctor, but the plus factor is that she has an awesome singing voice, as well., which stands as a reminder that music and intellect can harmonise beautifully.

Well, our spotlight today is on ‘Nilanka – the Singer,’ and not ‘Nilanka – the Singing Doctor!’

Nilanka’s journey in music began at an early age, nurtured by an ear finely tuned to nuance and a heart that sought expression beyond words.

Under the tutelage of her singing teachers, she went on to achieve the A.T.C.L. Diploma in Piano and the L.T.C.L. Diploma in Vocals from Trinity College, London – qualifications recognised internationally for their rigor and artistry.

These achievements formally certified her as a teacher and performer in both opera singing and piano music, while her Performer’s Certificate for singing attested to her flair on stage.

Nilanka believes that music must move the listener, not merely impress them, emphasising that “technique is a language, but emotion is the message,” and that conviction shines through in her stage presence –serene yet powerful, intimate yet commanding.

Her YouTube channel, Facebook and Instagram pages, “Nilanka Anjalee,” have become a window into her evolving artistry.

Here, audiences find not only her elegant renditions of local and international pieces but also her original songs, which reveal a reflective and modern voice with a timeless sensibility.

Each performance – whether a haunting ballad or a jubilant interpretation of a traditional hymn – carries her signature blend of technical finesse and emotional depth.

Beyond the concert hall and digital stage, Nilanka’s music is driven by a deep commitment to meaning.

Her work often reflects her belief in empathy, inner balance, and the beauty of simplicity—values that give her performances their quiet strength.

She says she continues to collaborate with musicians across genres, composing and performing pieces that reflect both her classical discipline and her contemporary outlook.

Widely acclaimed for her ability to adapt to both formal and modern stages, with equal grace, and with her growing repertoire, Nilanka has become a sought-after soloist at concerts and special events,

For those who seek to experience her artistry, firsthand, Nilanka Anjalee says she can be contacted for live performances and collaborations through her official channels.

Her voice – refined, resonant, and resolutely her own – reminds us that music, at its core, is not about perfection, but truth.

Dr. Nilanka Anjalee Wickramasinghe also indicated that her newest single, an original, titled ‘Koloba Ahasa Yata,’ with lyrics, melody and singing all done by her, is scheduled for release this month (March)

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