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Sri Lanka’s ancient hydraulic civilisation and birth of Sinhala Buddhist nationalism

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by Satyajith Andradi

Sri Lanka continues to be in the grips of many high profile crises of recent origin such as the COVID–19 pandemic, chronic difficulties in servicing foreign debts, shortages of essential items such as food and fuel, skyrocketing cost of living, and crop failures due to the ban of chemical fertilisers, to name a few . However, the national question, which has tormented the country for decades, continues to be one of her biggest problems, if not the greatest.

Sinhala Buddhist nationalism features prominently in any discourse on Sri Lanka’s national question. Its detractors often derogatorily call it by terms such as Sinhala Buddhist imperialism, Sinhala Buddhist chauvinism, and Sinhala Buddhist racism, whilst its protagonists call it Sinhala Buddhist patriotism or simply patriotism. Meanwhile, somewhat esoteric and ephemeral terms such as Sinhala Buddhist majoritarianism, kinguistic nationalism, and ethnocracy are used for it in learned discourse. Further, Sinhala Buddhist nationalism is very often discussed with reference to personages of Sri Lanka’s ancient history such as Dutugemunu and Elara. Hence, it is useful to trace the genesis and early phases of development of Sinhala Buddhist nationalism during Sri Lanka’s ancient past, in order to enhance our understanding of the subject.

Sri Lanka’s ancient agrarian revolution powered by irrigation engineering

As in our own age, in the distant past too, various races migrated from one land to another for various reasons such as the search for greener pastures and the forced eviction by intruding tribes. From about the sixth century BC, Sri Lanka too, which until then was thinly populated by primitive hunter gatherers, experienced an influx of migrants from overseas. Some of them, who had a knack for agriculture, settled in the arid north central plains of the island, which were covered with wooded forests and shrub jungles, as those one could still see in places such as Wilpattu. As direct rain water was often inadequate and undependable for growing paddy, these pioneer settlers cultivated the art of conserving water by building small artificial reservoirs called tanks, and convert the hostile arid terrain into paddy fields with the water thus conserved. Thereby they were able to establish a firm foothold in pre-historic Sri Lanka. These rough, tough, and enterprising pioneer settlers came to be known as ‘Sihala’ or Sinhalese, whose founding fathers were, according to legends, Vijaya and his band of seven hundred followers, who came to Sri Lanka from northern India. Other migrant tribes, either perished in this hostile physical environment, like the traders devoured by Kuveni, or got suppressed and assimilated by the dominant Sinhalese. This was a social process, which had some affinity to the process of natural selection in the biological world – a case of social Darwinism, so to speak. The Sinhalese went on to build progressively bigger tanks, weirs, canals, and complex irrigation systems connecting all such innovative creations with rivers which flowed from the distant wet mountains. As a result, the erstwhile wild and hostile terrain of Sri Lanka’s north central plains were converted into a vast blue and green tapestry of thousands of artificial lakes and lush paddy fields studded with dagobas of immaculate white. The formidable physical challenges posed by the nature were surmounted with an audacious human response. This monumental transformation, which took place more than thousand years ago, inspired many people of modern times. A notable person amongst them was the British planter, archaeologist, and author John Still ( 1880 – 1941 ) of Jungle Tide fame, who in turn drew the insightful attention of Arnold Toynbee, the eminent scholar of comparative history and civilizations ( Arnold J Toynbee; A study of history ; abridgement by D C Somervell ). The agrarian revolution powered by advanced irrigation systems was the bedrock, the backbone, and the material basis of the fully-fledged hydraulic civilization of ancient Sri Lanka. The elaborate social, political, cultural and religious institutions of that civilisation constituted, as Marx would say, its superstructure.

The birth of the ancient agrarian revolution based on irrigation engineering pre-dates the arrival of Buddhism in the island in the third century BC. The medium sized tank ‘Abhaya Wewa’, which is also known as Basawak Kulama, in Anuradhapura, built in the fourth century BC by king Pandukabhaya, proves the point. The next important tank, Tissa Wewa, was built in Anuradhapura during the reign of Devanampiyatissa ( 250 BC – 210 BC ). Irrigation engineering witnessed a quantum leap during the reign of the great Vasabha ( 67 AD – 111 AD ). During his reign, in addition to many large tanks, the Elahera canal was built. This canal diverted the waters of the Ambanganga, a tributary of the Mahaweli river originating from the Matale hills, to the tanks in the arid north central plains. The next great period of tank building was the reign of Mahasena ( 274 AD – 301 AD ), during which many tanks including the giant Minneriya Wewa was constructed. Mahasena’s achievements were equaled or surpassed during the reign of Dhatusena ( 455 AD – 473 AD ), during which huge tanks such as the Kalawewa and the Yoda Wewa were constructed, damming the Kala Oya and the Malwathu Oya respectively. However, the greatest irrigation engineering feat during the reign of Dhatusena was the construction of the Yoda Ela, also known as Jayaganga, a fifty four mile long canal which carried water from the Kalawewa to the Tissawewa in Anuradhapura. Further significant additions to the irrigation infrastructure were made during the reigns of Moggallana II ( 531 AD – 551 AD ) and Aggabodhi II ( AD 604 – AD 614 ). The former constructed the huge Nachchaduwa Wewa near Anuradhapura, augmented the Nuwara Wewa in Anuradhapura ( History of Ceylon, University of Ceylon: editor; S. Paranavitana ) and built the Padaviya tank by damming the Ma Oya (K M De Silva; A History of Sri Lanka ), whist the latter constructed the Kantale, Giritale, and Kaudulla tanks. Thereafter, the expansion of the irrigation systems seems to have subsided for several centuries till the time of Parakramabahu the Great ( 1153 – 1186 ). This king is considered to be the greatest tank builder of Sri Lanka (ibid ). The massive Parakrama Samudraya in Polonnaruwa, which was created by combining three tanks including the Topawewa, is undoubtedly his finest achievement in the field of tank building. It has to be been noted no other king after him built major tanks.

The ancient agrarian revolution powered by irrigation engineering had many important economic, social, political, religious, and cultural implications and outcome. On the economic sphere, it phenomenally increased the extent of arable land by making it possible to bring vast swathes of erstwhile arid forest land under the plough through irrigation. Further, it would have, most probably, facilitated a significant migration from small scale peasant subsistence farming to more productive large scale farming. Anyway, the obvious economic outcome of the ancient agrarian revolution was the generation of ever increasing agricultural surpluses over and about what was needed to feed the peasants and other agricultural labourers. These massive economic surpluses enabled the kings and their ruling elites to invest enormous resources in the expansion of the irrigation infrastructure, in maintaining the irrigation technocracy and the royal bureaucracy, in building impressive Buddhist monuments such as the great stupas, in patronizing outstanding Buddhist scholarship of international repute, and in constructing awe inspiring secular monuments such as Kasyapa’s Sigiriya rock fortress and royal palace.

On the social and political spheres, the elaborate irrigation systems stretching across vast swathes of farmlands, inexorably led to centralized control of agriculture through irrigation management. The technocrat who controlled the spills and the sluices of the tanks and weirs came to dominate the peasant who ploughed the fields, sowed the seeds, and harvested the crops. This entailed the ascendency of the state bureaucracy including the irrigation engineering technocracy, which in turn called for a unified and highly centralized state.

Pandukabhaya and birth of Sinhala state

It was mentioned earlier that the first significant tank was built by Pandukabhaya in the fourth century BC. It is interesting to note that he was also the first ruler of the Anuradhapura kingdom. Prior to him, the main Sinhala presence in Sri Lanka constituted a conglomerate of Sinhala settlements situated between the Kala Oya and the Malvattu Oya, loosely connected by tribal and family ties. It is evident that Pandukabhaya forcefully subjugated these semi-autonomous settlements and united them under his leadership. Thus the first Sinhala state was born. No doubt, this was in response to a historical necessity of the agrarian revolution, which called for an efficient centralized state. Certainly, this nascent state had nothing to do with Sinhala Buddhist nationalism or patriotism. In the first place, Buddhism was yet to be introduced to Sri Lanka. Further, the Sinhala state was yet to perceive a real threat from non – Sinhalese. It was young, vibrant and self- confident. It was, in modern parlance, an absolute monarchy.

Devamanpiyatissa and the birth of the Sinhala- Buddhist state

Buddhism was introduced to Sri Lanka by the great Mauryan emperor Asoka during the reign of Devamanpiyatissa ( 250 – 210 ) at a time when the ancient agrarian revolution was in full swing. As already mentioned, it was during this period that the Tissa Wewa was built. The peaceful conversion of the country to Buddhism received unreserved royal patronage. The nascent Sinhala state became a Sinhala Buddhist state. Numerous lands and viharas were gifted to the Maha Sanga. These included the Thuparama dagoba, and the spacious Mahamegha park in Anuradhapura, in which the sacred Bodhi tree Sri Maha Bodhi was planted. This signaled the establishment of the Mahaviharaya, the centre of Theravada Buddhist Church in Sri Lanka. No doubt, the doctrine of the Buddha, which laid down a well –structured spiritual path to freedom from existential suffering through the taming of the senses, struck a chord with the well-structured thinking of the Sinhalese irrigation engineers, which provided a path to freedom from material want by taming wild and hostile nature, with technological innovations.

Like Pandukabhaya’s Sinhala state, the nascent Sinhala Buddhist state during Devanampiyatissa’s had nothing to do with Sinhala Buddhist nationalism or patriotism. It did not perceive a real threat from non – Sinhalese or non-Buddhists. Like Pandukabhaya’s state, it was young, vibrant and self- confident.

The Sinhala Buddhist state under siege

Devanampiyatissa’s Sinhala Buddhist kingdom was in state of blissful harmony, arguably unparalled in Sri Lanka’s long history. However, this state of affairs was to be dramatically disrupted after a short period of time due to game-changing external and internal interventions. The major external challenge came from Tamil adventurers from south India bent on plundering the growing wealth of Sri Lanka’s hydraulic civilization. The main internal challenge came from the growing Mahayana tendencies amongst sections Sri Lanka’s Maha Sangha, which had traditionally been the custodian and standard bearer of Theravada Buddhism in Sri Lanka and abroad. Sinhala Buddhist Nationalism was born as a response to these challenges from within and without.

The first major challenge to the young Sinhala Buddhist state emerged thirty years after the death of Devanampiyatissa. Sena and Guttika, two Tamil brothers engaged in horse trading, captured the Anuradhapura kingdom and reigned for twenty two years. A few years after the Sinhalese regained the kingdom, the second successful invasion from South India was launched. This was led by the Chola prince Elara, who reigned in Anuradhapura for forty four years. The Sinhalese under Dutugemunu vanquished Elara and regained the kingdom. Dutugemunu’s reign ( 161 BC – 137 BC ) was a watershed in the Sri Lanka’s history. The island, which hitherto consisted of several kingdoms, was unified under his leadership. The Sinhala Buddhist state became, in present day parlance, a unitary state. However, less than four decades after Dutugemunu’s death, Anuradhapura was captured and occupied again by south Indian Tamils from 103 BC to 89 BC. They were expelled by Vattagamini ( Valagamba ) , who reigned from 89 BC to 77 BC. Thereafter, for more than five hundred years, Sri Lanka was free from foreign occupation. It was during this period that her ancient irrigation witnessed its first great flowering. However, it was during this period that the serious internal threats to the Sinhala Buddhist state emerged. They came in the form of Mahayana challenges to the uncontested supremacy of the Mahavihara led Theravada Buddhist Church, which was a main pillar of the Sinhala Buddhist state. The initial threat came in the first century BC with the establishment of the rival Abhayagiri monastery by Valagamba, which harboured dissenters. The immediate response of the Theravada Buddhist Church to this was the writing down of the Tripitaka at Aluvihara during that king’s reign. The next threat, which was of a much greater magnitude, was the intrusion of Mahayana thinking in the form of Vaitulyavada in the third century AD, during the reign of Mahasena ( 274 AD – 301 AD ), with the fanatical support of that monarch. This was somewhat contemporaneous with the rise of Mahayana in south India under the guidance of great masters such as Nagarjuna. Anyway, the Theravada Buddhist Church eventually prevailed by winning back the king to its side with great difficulty.

The long peace of half a millennium, which commenced with the reign of Valagamba, ended with the invasion from south India in 429 AD. This resulted in the reign of six Tamils kings in Anuradhapura for twenty seven years, until Dhatusena liberated the country from the foreign yoke. Thereafter, the country did not experience invasions from abroad for about four centuries. Ancient Sri Lankan irrigation witnessed its second great flowering. However, during ninth and tenth centuries, Sri Lanka got caught up in the geo-political rivalries amongst south Indian Tamil kingdoms of Pallavas, Pandyas and Cholas. At that time the Hindu Tamil civilization of south India was in its ascendency, whilst the aging Sinhala Buddhist civilization was in a state of stagnation, if not decay. The end result was the conquest of Anuradhapura and the north central plains of Sri Lanka by the Cholas in the closing decade of the tenth century. This dealt a crippling blow to Sri Lanka’s ancient hydraulic civilization. The Sinhalese were, under Vijayabahu I, able to expel the Cholas from the Island in 1070, and under Parakramabahu the Great, revive the ancient hydraulic civilization. Sri Lanka’s ancient irrigation witnessed its third and last flowering. However, the revival was short lived. The invasion by the marauding Kerala army of Magha of Kalinga in 1215 dealt the death blow to the ancient hydraulic civilization. The Sinhalese, who had populated the north central plains since sixth century BC, migrated en masse to the south west and the central hills. The irrigation works were abandoned and went into disrepair. The hostile arid jungles, which were banished by Sinhalese pioneers, returned to the north central plains with a vengeance. The ancient hydraulic civilization of the Sinhalese, which had flourished for more than one thousand five hundred years, came to an end.

The ancient hydraulic civilization and Sinhala Buddhist Nationalism

Sinhala Buddhist Nationalism, like many other –isms, constitute an ideology; an outlook. As already mentioned, it was born as a response to the external and internal challenges to the ancient Sinhala Buddhist state, which was an integrate part of the ancient hydraulic civilization. But, how do we conceptualise this ideology of Sri Lanka’s distant past? Fortunately, the ancient chronicles – Dipavamsa, Mahavamsa, and Chulavamsa, and the last two chapters of the Pujavaliya, come to our assistance. However, it should be cautioned that the ideologies contained in these ancient documents represent , more likely, the views held by their respective authors and their contemporary societies than by the personages of their narratives.

It seems that the internal threat to the Theravada Buddhism by Mahasena’s aggressive promotion of Vaitulyavada prompted the writing of the two oldest exiting chronicles of Sri Lanka – the Dipavamsa, written in the fourth century AD, and the Mahavamsa, composed in the sixth century AD. The fact that the narratives of both works end with the death of Mahasena points in that direction. Anyway, both emphasize that the island was freed from the Yakkas by the Buddha to make way for the Sinhalese settlers and the establishment of the Buddhist doctrine. This amounts to an imprimatur for Sinhala Buddhist exclusivity in Sri Lanka, which goes back, at least, as far as the fourth and sixth centuries. However, the treatment of the Sinhala king Dutugemunu and the Tamil king Elara by the two authors differ significantly. For instance, whilst the Dipavamsa devotes a mere twelve verses to Dutugemunu, the Mahavansa devotes eleven out of its thirty two chapters to him. Clearly, Dutugemunu is the favourite king of the author of the Mahavamsa. Further, whilst both chronicles admire Elara as an incomparably just king, the Dipavamsa, unlike the Mahavamsa, takes note of his outstanding spiritual qualities. More strikingly, the Mahavamsa, in chapter twenty five seeks to lend a Buddhist imprimatur to Dutugemunu’s war with Elara. This is certainly inconsistent with the letter and spirit of the Metta Sutta, as much as the crusades of medieval Christendom authorized by the papacy was inconsistent with the letter and spirit of Jesus’ utterance ” Put your sword in its place, for all who take the sword will perish by the sword” ( Matthew 26; 52 ). In fact, the Mahavamsa’s stance on the Dutugemunu- Elara war is reminiscent of the ideas on ‘just war’ advocated by St. Augustine and the Bhagavad Gita. Most probably, the south Indian invasions of the fifth century prompted the sixth century author of Mahavamsa to take a more militant Sinhala Buddhist stance than the fourth century author of the Dipavamsa.

The first part of the Chulavamsa, which was most probably composed in the early part of the thirteenth century, provides useful information about the period from the death of Mahasena to the end of the ancient hydraulic civilization. The last two chapters ( chapters 33 and 34 ) of the Pujavaliya briefly covers this period in addition to history up to the death of Mahasena. The Pujavaliya was composed in the mid thirteenth century, shortly after the collapse of the hydraulic civilization. Whilst the three chronicles were composed in Pali, the Pujavaliya was written in Sinhala.

The Chulavamsa and the Pujavaliya, in comparison with the Dipavamsa and the Mahavamsa, take a more hostile approach towards non – Sinhala Buddhist actors. For instance, unlike the Dipavamsa and the Mahavamsa, the Pujavaliya perceives Elara merely as a malevolent personage bent on destroying the Buddhist Church. The more virulent Tamil invasions from the ninth century onwards, would have contributed towards this more aggressive Sinhala Buddhist nationalism.

We have seen how the dynamics of the ancient hydraulic civilization gave birth Sinhala Buddhist Nationalism. The hydraulic civilization itself perished as a result of the devastating invasion of Magha of Kalinga. However, Sinhala Buddhist Nationalism did not perish with that civilization. On the contrary, it has continued to live as a potent ideology of Sri Lanka, right up to the present day.



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Features

Rebuilding the country requires consultation

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

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

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

Task Force

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

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

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

Malaiyaha Tamils

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

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

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

 

by Jehan Perera

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PSTA: Terrorism without terror continues

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

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

 

International Standards

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

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

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

 

Anti-Terrorism Bill, 2023

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

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

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

 

PSTA Proposal

Proposed section 3(1) of the PSTA reads:

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

(a) provoking a state of terror;

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

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

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

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

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

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

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

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

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

 

by Dr. Jayampathy Wickramaratne
President’s Counsel

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ROCK meets REGGAE 2026

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JAYASRI: From Vienna, Austria

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

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

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

Chitral Somapala with BLACK MAJESTY

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

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

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

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

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

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

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