Midweek Review
Sri Lanka’s foreign policy dilemma
Bankrupt Sri Lanka is caught up in a China-US battle. The situation has been further complicated by India, Japan and Australia becoming part of the US-led military alliance meant to counter China. The US-led grouping is hell-bent on enhancing its influence in Colombo as both parties woo lawmakers. Recent declaration by the ruling party that the USD 2.9 bn IMF loan facility would be in jeopardy unless Parliament enacted the 21st Amendment to the Constitution is nothing but a severe warning to Parliament. Should Constitutional Amendments be subjected to foreign interference?
By Shamindra Ferdinando
Previous Canadian High Commissioner in Colombo, David McKinnon, in May this year, ridiculed the political party system here. Obviously referring to the rapidly developing political crisis in the wake of the unprecedented eruption of public anger at the then President Gotabaya Rajapaksa on March 31,
McKinnon tweeted: “Every day I am reminded that #SriLanka sets the gold standard for political humour. Maybe there’s a way to monetize this as an export? @TheDailyShow.” The Canadian sarcastically used the tag of the popular US political comedy “The Daily Show.”
McKinnon took over the Canadian mission here, in late Oct 2017, a couple of weeks after Ravi Karunanayake was forced to give up the Foreign Ministry portfolio, following shocking disclosures like him claiming that he didn’t know who was paying for the luxury penthouse he and his family were occupying, during the Presidential Commission of Inquiry that probed into Arjuna Mahendran affair (Central Bank Treasury Bond scams). McKinnon’s five-year term here ended in early Oct. this year. At the time McKinnon presented credentials on Oct. 23, 2017, Maithripala Sirisena served as the President.
We wonder what the Canadian would have to say about finding remains of native children in more than 2000 unmarked graves on the grounds of Church-run schools, in Canada, where they had been forcefully taken from their homes to learn white man’s “civilised” behaviour. Perhaps, some of those children would have been molested/raped by sex maniacs who were their state appointed guardians and killed to prevent the truth coming out. Canada/UNHRC where are the independent probes by international judges into such crimes committed.
Five years later, Sirisena returned to Parliament as an ordinary member whereas Ranil Wickremesinghe, who served as the Prime Minister at the time McKinnon arrived in Colombo, received the outgoing envoy at the Presidential Secretariat late last month.
It would be pertinent to mention that McKinnon chided political party system here three days after UNP National List MP Wickremesinghe received the appointment as the Premier. Beleaguered President Gotabaya Rajapaksa had no option but to invite Wickremesinghe in the wake of Samagi Jana Balavegaya (SJB) leader Sajith Premadasa turning down the invitation.
There had not been a previous instance of a foreign envoy making such derisive remarks publicly . As a member of the UK-led Sri Lanka Core Group at the Geneva-based United Nations Human Rights Council (UNHRC), Canada played quite an active role against Sri Lanka.
However, there is no point in finding fault with Canada for Sri Lanka’s continuing failure to set the record straight. The Foreign Ministry cannot absolve itself of the responsibility for Sri Lanka’s pathetic response to war crimes accusations. At the recently concluded 51 Geneva sessions, a section of the international community expanded the ‘charge sheet’ to include economic crimes.
Where are the modern day equivalents of the likes of Shirley Amarasinghe, Chris Pinto, Vernon Mendis, Izeth Hussain or even non-career, but highly talented longtime ambassador Neville Kanakaratne, to name a few, who could stand up to defend Lanka’s interests, being second to none in the world when called upon to do so. Minister Sabry serving as a one-man defence team, won’t do, unless the Foreign Service was fully geared to take up that task. We are certain there are very capable officers in our Foreign Service, even among those who got in with influence, and Minister Sabry must make it a point to nurture such talented officers and protect them from the cabal that calls the shots at the Ministry.
Foreign Minister Ali Sabry, PC, had to respond to the latest diatribe against the country and he rightly questioned the legitimacy of Geneva’s approach. Perhaps Sabry, hadn’t taken into consideration his own criticism of the government set up that caused the economic fallout. In June, this year, Sabry explained how those who had been responsible for overseeing the country’s finances ruined the national economy. The Minister identified them by positions held at that time (Dr. PBJ, Secretary to the President and longtime monetary honcho, Prof. W.D. Lakshman, Governor, Central Bank and economic guru, Ajith Nivaard Cabraal, Governor, Central Bank and S.R. Attygalle, Secretary to the Treasury.)
The economy has deteriorated to such an extent and the country trapped in a deepening political-economic-social crisis, the Wickremesinghe-Rajapaksa government seems in a catch-22 situation. Former MP and one-time Sri Lanka’s Ambassador in Tehran, M.M. Zuhair, PC, recently discussed the ongoing crises against the backdrop of Sri Lanka’s readiness to accept foreign help to probe the 2019 Easter Sunday carnage and continuing refusal to allow foreign investigations into alleged war crimes claimed to have been committed when the security forces crushed the hitherto considered invincible LTTE in the battle field against the advice of the West. The former Senior State Counsel addressed these issues taking into consideration the stand taken by Muslim majority nations at the UNHRC this year. Zuhair pointed out those Muslim majority nations refrained from supporting Sri Lanka for the first time at the UNHRC 51st sessions, Zuhair also warned that these countries were likely to vote against Sri Lanka at the next opportunity.
BIDTI event
Bandaranaike International Diplomatic Training Institute (BIDTI) recently held its 24th Convocation with the participation of Prime Minister Dinesh Gunawardena, who held the Foreign Affairs portfolio, under President Gotabaya Rajapaksa, and incumbent Foreign Minister Sabry, an SLPP National List MP. State Minister for Foreign Affairs Tharaka Balasuriya and Foreign Secretary Aruni Yasodha Wijewardena were among the invitees.
There had been two groups of students (2019/2020) and (2020/2021) at the 24th Convocation as the previous one was held in the second week of August 2019, in the run-up to the presidential election. The then Prime Minister Ranil Wickremesinghe had been the Chief Guest while Foreign Minister Tilak Marapana, PC, and Foreign Secretary Ravinatha Aryasinghe joined the UNP leader in presenting awards and certificates. the Foreign Minister is the Chairman of the Board of Management of the BIDTI.
Between the 23rd and 24th BIDTI Convocations, an utterly corrupt political party system has bankrupted the country. The economic crisis should be examined taking into consideration the political chaos caused by the disintegration of the recognized political party system. The parliamentary politics is now in such a confused and pathetic state, lawmakers, representing 15 political parties therein, are pulling in different directions. Of the 225-member Parliament, President Wickremesinghe’s UNP is represented by one
National List MP (Vajira Abeywardena) whereas Premier Gunawardena’s MEP group consists of three MPs (PM, Sisira Jayakody and PM’s son, Yadamini). Yadamini Gunawardena represents the SLPP National List. MEP contested the last general election on the SLPP ticket.
Maithripala Sirisena’s SLFP has been reduced to 14 MPs, and half of them have switched their allegiance to President Wickremesinghe.
Perhaps, the top management of the BIDTI should have invited the Governor of the Central Bank, Dr. Nandalal Weerasinghe, to educate those who received recognition at the 24th Convocation. The intrepid banker could have briefed them of the ground situation the way he told the Parliament, on August 31, how the political party system ruined the country.
If Sri Lanka is genuinely interested in developing a skilled Foreign Service, unwarranted political interferences must also be stopped forthwith. Political parties, represented in Parliament, should end the despicable practice of approving heads of missions. The High Posts Committee, headed by the Speaker, has become just a rubber stamp with those near and dear to the powers that be receiving ambassadorial posts as by birth right. The whole process, in spite of criticism by sections of the media, continued unabated over the years, with tacit understanding of the government and the Opposition.
The Foreign Service lacked the required strength to stand up to political machinations. There cannot be a better example than when Tamil National Alliance (TNA) heavyweight M.A. Sumanthiran declared, in Washington, a tripartite agreement among the US, Sri Lanka and the TNA regarding hybrid war crimes court in the presence of Sri Lanka’s Ambassador in Washington Prasad Kariyawasam.
That was in 2016. The top career diplomat returned to Colombo, the following year, to receive appointment as the Foreign Secretary. Following his retirement, Kariyawasam moved to Parliament as an Advisor to the then Speaker Karu Jayasuriya. Kariyawasam paid for by the USAID! The endowment shouldn’t have surprised anyone against the backdrop of Kariyawasam’s role in approving ACSA (Access and Cross Servicing Agreement) in early August 2017. The USAID enhanced its role here during the Yahapalana administration with the launch of a Rs 1.92 bn partnership (USD 13 mn) meant to strengthen accountability and democratic governance. It should be stressed that during the Yahapalana administration, Sri Lanka secured ISBs (International Sovereign Bonds) amounting to approximately USD 12.5 bn, one of the major causes of thr current economic crisis. As to what they did with that money is anybody’ s guess as they hardly undertook any major development projects, unlike the Rajapaksas’, whose hallmark was grandiose projects. May be future generations will judge Rajapaksas, particularly Mahinda and Gotabaya, differently like us now appreciating our ancestors for building the great tank civilization and cities like Anuradhapura, Polonnaruwa or even Sigiriya.
Even achievements of Field Marshal Sarath Fonseka, who can be easily called the type of general who only appears once in a couple of thousand years, as someone has said, have got negated because of his short fuse and short sighted politics.
The SJB has been largely silent on the issue at hand for obvious reasons. The JVP has repeatedly pointed out how the UNP-led Yahapalana government pursued an extremely risky economic strategy at that time. The UNP and its breakaway faction, now registered as SJB, definitely owed an explanation.
A daunting challenge
Sri Lanka should undertake a comprehensive study on the 2015 Geneva accountability resolution. The BIDTI can be part of the group assigned to embark on the study as Geneva steps up the offensive. Dinesh Gunawardena, in his capacity as the Foreign Minister, at the March 2020 Geneva sessions famously announced Sri Lanka’s decision to withdraw from the Geneva process.
Unfortunately, though much was expected from Prof G.L. Peiris, as the successor Foreign Minister, with his photographic memory, but hardly anything has changed at that Ministry during his tenure to clear up the mess there.
Sri Lanka’s Geneva statement was made a month after the US declared a travel ban on General Shavendra Silva, the then Commander of the Army and Acting Chief of Defence Staff (CDS).
Unfortunately, the Foreign Ministry, under different political leaderships, never sought to set the record straight. Instead, it allowed the further deterioration of the situation. On the basis of failing to challenge the unsubstantiated war crime allegations, yet to be verified in a court of law, Western powers have taken punitive measures against selected retired and serving officers, who are the true living heroes of this country. War-winning Army Chief Field Marshal Sarath Fonseka is among them. When the writer raised this issue with Foreign Minister Sabry, at a media briefing ahead of the Geneva sessions, the President’s Counsel stressed that the entire fighting Divisions have been categorized.
Tangible actions are necessary to have the accusations countered and the war-winning armed forces cleared of wrongdoing. Instead, successive governments quite conveniently allowed the situation to deteriorate. The British steadfastly refused to accept their own independent version of the Vanni military action, despite Lord Naseby disclosing in the House of Lords in Oct. 2017 the existence of such official records that effectively debunked war crimes allegations.
Sri Lanka never really pushed the British on this matter as the latter pursued a hostile campaign against Sri Lanka at the UNHRC. The UK’s rejection of their own diplomatic cables should be examined, taking into consideration similar US refusal to accept Colombo-based Defence Advisor Lt. Colonel Lawrence Smith’s public declaration in June 2011 that the Sri Lanka military didn’t perpetrate war crimes during the last phase of the offensive, to defeat the LTTE. In fact, the Foreign Ministry never really wanted to counter accusations in a systematic way. The Foreign and Defence Ministries never acted in unison as those responsible pursued their own agendas, much to the disappointment of the armed forces.
The case of Imaad Shah Zuberi, 50, revealed how the war-winning government outsourced Foreign Ministry responsibilities, possibly due to its known ineptness, to an American venture capitalist and political fundraiser who was sentenced on Feb 18, 2021 to 144 months in federal prison. U.S. District Judge Virginia A. Phillips found him guilty for fabricating records to conceal his work as a foreign agent while lobbying high-level U.S. government officials, evading the payment of millions of dollars in taxes, making illegal campaign contributions, and obstructing a federal investigation into the source of donations to a presidential inauguration committee.
Zuberi of Arcadia, California, was also ordered to pay $15,705,080 in restitution and a criminal fine of $1.75 million.
This criminal waste of funds took place during the tail end of Mahinda Rajapaksa’s second term. The payments were made by the Central Bank. Sri Lanka never bothered to examine this case. Who authorized the hiring of Zuberi?
Let me reproduce a relevant section of a statement issued by the US Department of Justice on Feb 18, 2021, that dealt with Zuberi’s case. It was titled ‘Political Donor Sentenced to 12 Years in Prison for Lobbying and Campaign Contribution Crimes, Tax Evasion, and Obstruction of Justice.’ The following is the section that dealt with Sri Lanka: “In addition, the government of Sri Lanka hired Zuberi in 2014 to rehabilitate the country’s image in the United States, which had suffered because of allegations that its minority Tamil population had been persecuted. Zuberi promised to make substantial expenditures on lobbying efforts, legal expenses, and media buys, which prompted Sri Lanka to agree to pay Zuberi a total of $8.5 million over the course of six months in 2014. Days after Sri Lanka made an initial payment of $3.5 million, Zuberi transferred $1.6 million into his personal brokerage accounts and used another $1.5 million to purchase real estate.
In total, Sri Lanka wired $6.5 million pursuant to the contract, and Zuberi used more than $5.65 million of that money to the benefit of himself and his wife. Zuberi paid less than $850,000 to lobbyists, public relations firms and law firms, and refused to pay certain subcontractors based on false claims that Sri Lanka had not provided sufficient funds to pay invoices.
Relatedly, Zuberi failed to report on his 2014 tax return millions of dollars in income he received from the Sri Lankan government. While his 2014 federal income tax return claimed income of $558,233, Zuberi failed to report more than $5.65 million he received in relation to the Sri Lanka lobbying effort. Zuberi’s tax evasion over the course of four years – 2012 through 2015 – caused tax losses ranging from $3.5 million to as much as $9.5 million.”
In a sense Mahinda Rajapaksa was like a drowning man facing the might of the West, led by the US and the UK, so they literally clutched at proverbial straws to escape drowning. They also trusted the wrong people, like Namal foolishly spending on a ‘nil balakaya’ thinking that would be his rallying force.
In the following year, at the behest of the US, the Yahapalana regime betrayed its armed forces at the UNHRC. The Geneva process is apparently still on track though Gotabaya Rajapaksa’s administration declared in 2020 that it withdrew from the 2015 UNHRC resolution.
The Rajapaksa administration never accepted responsibility for this criminal waste of money on foolish lobbying efforts. The then Central Bank Governor Ajith Nivard Cabraal denied his responsibility. The Parliament should have inquired into this matter. Alas, Parliament has pathetically failed not only in its primary responsibilities-ensuring financial discipline and enactment of laws but overall supervision of key sectors, including foreign affairs.
Against the backdrop of the US court verdict on Zuberi, Sri Lanka suffered another humiliation when a US court in July this year sentenced Sri Lanka’s former ambassador to Washington and Rajapalsa kinsman to a US$5,000 fine and two years’ probation.
Former President Mahinda Rajapaksa’s cousin Jaliya Chitran Wickramasuriya pleaded guilty to diverting and attempting to embezzle US$332,027 from the government of Sri Lanka, as it purchased a new embassy building in Washington in 2013.
“Even though this was not millions of dollars, it represents a serious theft from the people, and by a person that they entrusted to represent their interests in the capital of the most powerful country in the world,” said Judge Tanya S. Chutkan. “What you have done is a serious betrayal.”
Udayanga Weeratunga, another cousin of the ex-President, served as Sri Lanka’s ambassador in Moscow from 2006 to 2015. Standard restrictions that applied to other heads of missions didn’t apply to Wickramasuriya and Weeratunga because of their relationship with the Rajapaksas. Unfortunately, the Sri Lankan style in handling foreign affairs, whoever is in power hasn’t changed. The country has paid a huge price for hurting Japan and Russia over the abrupt cancellation of the Light Train Transit (LRT) Project in Sept. 2020 and detention of Aeroflot flight in June this year. The Yahapalana government (2015-2019) caused a major crisis by antagonizing China when it halted the Colombo Port City project and making unsubstantiated allegations pertaining to Chinese loans. The recent furore over Sri Lanka suddenly denying Chinese research vessel access to Hanbantota port after having earlier okayed it, controversy over Chinese organic fertiliser shipment that had to be settled by paying China USD 6.7 mn and official ‘interference’ in Indian liquid fertiliser purchases underscored the fragility in the systems in place.
Midweek Review
BASL fears next set of civil society representatives might be rubber stamps of NPP
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
Midweek Review
Towards Decolonizing Social Sciences and Humanities
‘Can Asians Think?’

I 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?
Midweek Review
The ever-changing river: Chandana Ruwan Jayanetti’s evolving poetic voice
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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