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Midweek Review

Sri Lanka’s foreign policy dilemma

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Prime Minister Dinesh Gunawardena arrives at the BMICH, on October 28, for the 24th Convocation of the Bandaranaike International Diplomatic Training Institute (BIDTI). Premier Gunawardena is seen here speaking with veteran career Foreign Service officer Pamela J. Deen, Director General of the esteemed institute. The MEP leader Gunawardena enters the venue flanked by Foreign Minister Ali Sabry, PC, State Foreign Minister Tharaka Balasuriya, and Foreign Secretary Aruni Yasodha Wijewardena (Pic courtesy BIDTI)

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.



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Midweek Review

22A: Developing constitutional quagmire

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The government’s high profile project to enact the 22nd Amendment failed to secure any tangible support from anyone outside the NPP, in Parliament or outside. In a statement, the Illankai Thamil Arasu Kadchi (ITAK) noted that the proposed amendment concerned the sovereignty of the people and, therefore, required approval through a referendum. The ITAK, a key member of the six-party Political Council of Tamil-Speaking people (PCTSP) and the second largest party in the Northern and Eastern Provinces, other than the NPP, is opposed to President Dissanayake’s move. Tamil Progressive Party (TPA) leader and former Minister Mano Ganeshan, also of the PCTSP, has rejected the 22nd Amendment. The Island learns that all political parties, represented in the PCTSP, are opposed to the proposed Amendment.

The NPP obtained the most seats at the Parliamentary General Election 2024. Other parties that managed to gain seats in Parliament are the Samagi Jana Balawegaya (SJB/40 seats), Ilankai Tamil Arasu Kadchi (ITAK/8 seats), New Democratic Front (NDF/5 seats), Sri Lanka Podujana Peramuna (SLPP/3 seats), Sri Lanka Muslim Congress (SLMC/1), Sarvajana Balaya (SB/1), United National Party (UNP/1), Democratic Tamil National Alliance (DTNA/1), All Ceylon Tamil Congress (ACTC/1), All Ceylon Makkal Congress (ACMC/1), Jaffna – Independent Group 17 (IND17-1) and the Sri Lanka Labour Party (SLLP/1).

Timeline

* March 30, 2026, BASL wrote to Justice and National Integration Minister Harshana Nanayakkara seeking a meeting to discuss 22A

* May 25, 2026, BASL wrote to President Dissanayake seeking a meeting to discuss the same

* July 16, 2026, BASL wrote again to the Justice Minister underscoring the failure on his part and the President to respond to previous letters

* July 27, 2026, NPP executive committee member advocate Lal Wijenayake declared opposition to the government move

* July 29, 2026, BASL met the Justice Minister, sought a meeting with President Dissanayake

* July 31, 2026, Mahanayakes of four Chapters (Nikayas) wrote a joint letter to President Dissanayake urging him not to go ahead with the 22nd Amendment. But, the Mahanayakes refrained from releasing the letter to the media

* August 3, 2026, BASL disclosed the Mahanayakes’ letter to the President. Justice Minister Nanayakkara, accompanied by Health and Media Minister Dr. Nalinda Jayathissa, visited the Mahanayakes to explain the government stand. But, they denied receiving the crucial letter

* August 7, 2026, UN requested President Dissanayake, in no uncertain terms, to abandon the move.

* August 11, 2026, Government admitted receiving the Mahanayakes letter

* August 18, 2026, 22nd Amendment Bill presented in Parliament. Those opposed to the constitutional amendment began filing petitions. The BASL led the way. By 24 August, 21 petitions were filed.

* August 20, 2026, Catholic Bishops’ Conference urged the government not to proceed without adequate consultations.

* August 24, 2026, BASL, in a motion filed in the Supreme Court, suggested that Chief Justice Preethi Padman Surasena recuse from hearing the petitions

By Shamindra Ferdinando

In support of the ruling National People’s Power (NPP) government’s highly contentious move to enact the 22nd Amendment to the Constitution despite worldwide condemnation by eminent jurists, meant to extend the retirement ages of superior court judges, NPP leader and President Anura Kumara Dissanayake will address a series of countrywide meetings.

Dissanayake is also the leader of the Janatha Vimukthi Peramuna (JVP), the main constituent of the governing party.

Justice and National Integration Minister and Attorney-at-Law Harshana Nanayakkara, on 18 August, 2026, tabled the controversial 22nd Amendment Bill in Parliament. Nanayakkara also tabled the Judicature (Amendment) Bill on the same day. That will pave the way for the increase of the retirement ages of High Court judges to 63 years, and District Court and Magistrate Court judges to 62 years. The government wants to increase the retirement ages of Supreme Court and Court of Appeal judges to 67 and 65, respectively.

However, the government has proposed a six-year term for the Chief Justice but he/she will have to retire at the new mandatory retirement age of 67.

Health and Media Minister, as well as Cabinet spokesman Dr. Nalinda Jayathissa, recently announced the decision to launch the high profile propaganda campaign on 5 September. The NPP and JVP leader has vowed to enact the 22nd Amendment, come what may.

Dissanayake, who took over the party leadership on 2 February, 2014, at the 17th convention of the JVP, and formed the NPP in 2019, has indicated that he wouldn’t, under any circumstances, give up the 22nd Amendment. Dissanayake didn’t mince his words when he received a top level delegation of the Bar Association of Sri Lanka (BASL) at the Presidential Secretariat, on 12 August, to discuss the burning issue wracking the country. It would be pertinent to mention that the BASL raised the issue with Dissanayake, on 25 May, after Nanayakkara ignored their first request, made on 31 March.

The Supreme Court will hear over 20 petitions challenging the constitutionality of the 22nd Amendment Bill. Now that the matter is before the Supreme Court, the main opposition Samagi Jana Balawegaya (SJB) shouldn’t have sought to involve the BASL in a futile attempt to educate the NPP parliamentary group. The BASL, too, should know better. The BASL and SJB are among those who moved the Supreme Court. Against that background it would be unthinkable that the NPP parliamentary group wants to listen to BASL. Government activists, on Monday (24), organised a protest outside BASL Secretariat, NO. 153, Mihindu Mawatha, Colombo 12 demanding the resignation of BASL President Rajeev Amarasuriya.

SJB and Opposition Leader Sajith Premadasa clashed in Parliament with the leader of the House Bimal Rathnayake over his bid to bring in the BASL team to address the whole Parliament. NPP National List lawmaker Najith Indika declared on X that “the Opposition Leader couldn’t call all MPs for meetings. BASL either does not follow parliamentary procedure or knows how to manipulate public perception.”

The Supreme Court will receive petitions during two weeks, after the tabling of the Amendment. The Court should inform the Speaker of its determination within three weeks. Parliament will receive that determination ahead of President Dissanayake completing his second year in Office. The last presidential election was held on 21 September 2024.

Dissanayake won a five-year term and in November, the same year, led the party to a resounding victory at the parliamentary poll. The NPP/JVP position is that both Bills can be enacted with a 2/3 majority. With a mammoth 159 seats in Parliament, the government is confident that its political project can be easily achieved. But, the NPP operation has run into significant opposition with the United Nations, throwing its weight behind the BASL-led campaign.

Tabling of the two Bills on 18 August coincided with the 39th anniversary of the JVP grenade attack on the UNP parliamentary group, in the wake of the signing of the Indo-Lanka peace accord in 1987. Ajith Kumara, at that time a minor parliamentary employee, lobbed a hand grenade at the UNP group meeting, chaired by President J.R. Jayewardena. Prime Minister Ranasinghe Premadasa, too, was present. The then National Security Minister Lalith Athulathmudali narrowly escaped death in the attack that took place in the Committee Room 1 of Parliament. Deniyaya MP and Matara District Minister Keerthi Abeywickrema was killed. The writer covered the funeral, held on 22 August, 1987, at the playground of the Morawaka Maha Vidyalaya. Then the young Minister in charge of Youth Affairs and Employment, Ranil Wickremesinghe, was among those who represented the government at the funeral.

Kumara had been recruited as a sweeper by no less a person than the then Secretary General of Parliament, Nihal Seneviratne. Had Kumara been a member of the proscribed JVP at the time he joined the parliamentary staff or did the JVP approach him later?

The Colombo High Court acquitted Ajith Kumara on 12 October, 1990, and released him from custody on 6 August, 1993. Subsequently, the JVP accommodated Ajith Kumara on the party’s politburo and paved the way for him to contest the Sabaragamuwa Provincial Council poll on the JVP ticket. With fat hopes the JVP named him their chief ministerial candidate.

Key Opp demands

Pointing out that the matter before the Supreme Court judges related to them, the BASL requested that a bench consisting of a full court, comprising all the judges, be constituted to determine the constitutionality of the 22nd Amendment Bill. The BASL also requested the Supreme Court to determine that the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.

In the alternative, the BASL sought determination that Clause 2 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum and Clause 3 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.

Essentially, all petitioners have requested for a full court, comprising all Supreme Court judges and a referendum, if ordered, it’ll be the second instance. The first referendum was held in December 1982. The UNP that won an unbeatable 5/6 majority in a 168-member Parliament, at the 1977 parliamentary election, obtained a mandate of the people to extend the life of Parliament by six years. That utterly undemocratic, unreasonable and treacherous act contributed to the overall deterioration of the country. By the time the 1989 parliamentary poll was held, the police, backed by the armed forces, were fighting the JVP in the South, and the Indian Army, deployed in the Northern and Eastern regions, in terms of the Indo-Lanka Accord.

Former External Affairs Minister Prof. G. L. Peiris, convenor of the Joint Opposition grouping, too, moved the Supreme Court against the 22nd Amendment, and General Secretary of the SJB Ranjith Maddumabandara did the same. Altogether there were nearly two dozen petitioners

Ex-Law Professor Peiris has vigorously campaigned against the government move, and the weekly media briefing. held at former President Wickremesinghe’s Flower Road Office, has become the focal point of the Opposition campaign. Peiris insists that the Supreme Court shouldn’t hear the petitions as justices were direct beneficiaries of the proposed Amendment. Therefore, determination should be made at a referendum. In case the Supreme Court decides to hear the petitions, the full court consisting of all judges should be constituted to determine the constitutionality of the 22nd Amendment Bill, the former parliamentarian has asserted.

As repeatedly stressed by Prof. Peiris, two previous determinations by the Supreme Court that the alteration of superior court judges’ retirement ages should be subject to a referendum cannot be disregarded, under any circumstances. One of the determinations is of crucial importance as former Chief Justice Murdhu Fernando (December 2024 to July 2025) served on the three-member bench that made the far reaching announcement in 2022.

But, the BASL made an unexpected move on Monday. Close on the heels of its petition against the 22nd Amendment to the Constitution, the BASL filed a motion in the Supreme Court suggesting that Chief Justice Preethi Padman Suresena recuse from hearing petitions.

Petitioners BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva cited Attorney General as the respondent in a motion filed in terms of Article 121 read with Article 120 of the Constitution to determine whether the Bill, titled “Twenty Second Amendment to the Constitution,” or any part thereof, is required to be passed by a Referendum in terms of Article 83 of the Constitution.

The BASL pointed out that the first Judge of the Supreme Court, who would benefit if this Bill is enacted into law without the process of a referendum, is the Chief Justice, and further that if a referendum is mandated, then that there is a possibility that the Chief Justice may retire before its completion, and if for those reasons, the Chief Justice wished to recuse from hearing this matter, then the petitioners have requested the Chief Justice to constitute a bench comprising of all other judges in Supreme Court.

The maximum number of Supreme Court and Court of Appeal judges are 17, including the CJ and 20 judges ,including the President of the Court of Appeal, respectively. The NPP caused controversy by not filling vacancies among the superior court judges with the Opposition alleging there were four vacancies each. There’ll be another vacancy among the Court of Appeal judges in the first week of September.

The warning issued by the UN following a spate of other statements from various local and international bodies has brought tremendous pressure on the government. Having initially denied any knowledge of a joint letter, dated July 31, addressed to President Dissanayake by the Malwatta, Asgiriya, Amarapura and Ramanna chapters, the government, on 11 August, admitted the President received the letter.

However, the Catholic Bishops Conference publicly commented on this issue, only on 20 August, after all other concerned parties censured the government over the move. A section of the civil society that portrayed the 22nd Amendment as the panacea for a mountain of cases held up in courts had no option but to sing a different tune after the UN warned the NPP government over the pet project that seemed to have backfired. The UN’s position rattled the government and its backers.

18A and 20A

War-winning President Mahinda Rajapaksa enacted 18th Amendment to the Constitution in early September 2010. That despicable political project did away with a two-term time limit for the executive president and expanded presidential powers over independent commissions. That Bill received 161 votes, two more than the NPP parliamentary group. But, 18A didn’t do any good for President Rajapaksa or his party. Maithripala Sirisena, General Secretary of Mahinda Rajapaksa’s party, betrayed him, won the 2015 presidential election, and created an utterly undesirable political environment that, over a period of 10 years, ruined the country’s major political parties.

The emergence of the NPP as the dominant power should be examined taking into consideration the deterioration of the UNP, SLFP and the SLPP. The UNP and SLFP are no longer represented in Parliament while the SLPP that won a commanding 145 seats at the 2020 parliamentary poll was reduced to just three lawmakers in Parliament. SLPP’s National Organiser Namal Rajapaksa was so concerned about the transformation of the political environment he took refuge in the National List. Had he not taken that precaution, he wouldn’t be in Parliament today. While the SLPP deteriorated from 145 seats to just three, the NPP, whose 2020 parliamentary group consisted of just three, including one National List member (Dr. Harini Amarasuriya) ended up taking 159 seats, the best results achieved under the Proportional Representation system introduced in 1989.

Having handsomely won the 2019 presidential election, Gotabaya Rajapaksa brought in the 20th Amendment aimed at further consolidating his hold on power. Basil Rajapaksa, a dual citizen of Sri Lanka and the US, wanted to enter Parliament through the National List. The Rajapaksas removed a particular clause through the 19th Amendment to enable Basil Rajapaksa to enter Parliament. Subsequently, the SLPP accommodated Basil Rajapaksa in the Cabinet as the all-powerful Finance Minister. He succeeded Mahinda Rajapaksa in July 2021. But by then, the national economy had suffered irreparable damage and the 20th Amendment, meant to consolidate executive power, seemed irrelevant. Public protest campaign that received overt and covert US and Indian backing was launched in March 2022, leading to President Gotabaya Rajapaksa’s unceremonious ouster in July of same year due to India and Western backed violent protests.

The 18th Amendment and the 20th Amendment were enacted at the expense of particularly the 17th and 19th Amendments, respectively.

The Frontline Socialist Party (FSP) has alleged that the 22nd Amendment would enable the government to implement its neoliberal programme. The breakaway JVP group has asserted that the government’s sinister project is intended to remove whatever obstacles to its neoliberal strategy.

FSP’s Education Secretary Pubudu Jayagoda said: “A new Fisheries Act will divide the ocean into plots, lease the fish-rich areas to multinational corporations, and deprive local fishermen the opportunity to catch fish in the deep sea. The biggest obstacle to this is the fishermen. A Quality Assurance and Accreditation Commission Act is being drafted to grant state recognition and legality to degree mills. Three thousand schools are going to be closed, depriving children of the fundamental right to education. To do that, every pillar of the state must be brought under government control. A long list can be given: privatising hospital laboratory services, selling off state institutions, bringing forward new repressive laws like the PSTA (Protection of the State from Terrorism Act), and a new Cooperatives Act that snatches away people’s funds—many things like that. Taking the arbitrary power required to execute these into the hands of the executive is the true objective of this constitutional amendment.”

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Midweek Review

Shakespeare’s female characters

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Ophelia in a scene from Hamlet

Displaying Gender-Based Issues that Resonate with Our Times

by Dr. Siri Galhenage
Psychiatrist [Retd]

In most of William Shakespeare’s plays, the protagonists are male. He created such memorable characters as Hamlet, Othello, King Lear, Macbeth, Julius Caesar, Prospero, Coriolanus, the monarchs of history plays and many others – heroes as well as villains. This was a reflection of the societal values of the time. Women were not permitted to perform on stage, and all female roles were played by young males – a practice that continued for nearly half a century after Shakespeare’s death. This was so even though Elizabeth 1, the learned female monarch of England and Ireland and a humanist, occupied the throne during most of Shakespeare’s writing life [1580–1613], and extended her patronage to his plays.

Nevertheless, compared with his contemporaries Christopher Marlowe and Ben Jonson, Shakespeare wrote a greater number of plays featuring prominent female characters that drove the narratives, providing insights into intra-psychic, interpersonal, social and moral aspects of life.

I have selected two such female characters from Shakespeare’s plays and another from one of his narrative poems to illustrate this idea, focusing primarily on gender based violence – emotional, physical and sexual – that continues to resonate in our own times. I have also chosen another female character who challenged the gender constraints that imposed by contemporary society.

DESDEMONA in Othello

A Victim of Morbid Jealousy

A scene from As You Like It

Jealousy, as a human experience, has many nuances of meaning, ranging from the harmless to the morbid, including delusional forms, with many variations in between. The object of concern in jealousy is the suspicion of unfaithfulness or infidelity on the part of a loved one, commonly a female partner in a marital relationship. In its morbid form, accompanied by intense passion, jealousy has the potential to be destructive and even dangerous, placing the spouse at risk. It is not an uncommon presentation in clinical practice attracting the diagnosis of ‘Othello Syndrome’ although there is disagreement among clinicians about the application of the term.

Othello, a valiant soldier of African heritage in the state of Venice, had no difficulty winning the heart of Desdemona, the attractive young daughter of a prosperous senator. He took her away in defiance of her father’s wish for her to marry into the Venetian nobility. At this point, the Turks were preparing to regain Venetian-held territory in Cyprus, and Othello, recognised for his military prowess, was selected to lead the defence of the territory.

Despite the imminent Turkish attack on Cyprus, Desdemona preferred to remain with her husband rather than stay in Venice. The attack did not eventuate, however, because a violent storm dispersed and destroyed the invading Turkish fleet. The Venetian forces rejoiced, and the occasion provided an added opportunity to celebrate the marriage of Othello and Desdemona.

Casio, a close confidant of Othello, who had been recently promoted to lieutenant, was delegated to supervise the festivities. Cassio’s promotion caused great offence to Iago, who strongly believed that he was better suited to the position. He plotted to take revenge on Othello and Cassio by planting the seed of doubt in Othello’s mind through innuendo and trickery, casting suspicion on Desdemona’s fidelity and on her relationship with good-looking Cassio. Desdemona, a woman of exuberance and humour, became the unwitting focus of Iago’s manipulation.

The dissonance that arose in Othello’s mind eventually reached a climax when he accused his wife of infidelity and became convinced that she should die. Despite Desdemona’s plea for compassion, Othello strangled her to death. On finally gaining insight into the whole saga, Othello fell on his sword beside his wife.

OPHELIA in Hamlet – A Case of Manic Defence in response
to emotional abuse

Hamlet, the Prince of Denmark, takes centre stage in the play of the same name, and his mental processes have been the focus of scrutiny by successive generations of critics.

Young Prince Hamlet is faced with a complex emotional challenge following the sudden death of his father, King Hamlet, he idolised. The late king’s brother, usurper to the throne, hastily marries the widowed queen, denying the young prince his lawful right to sovereignty. Hamlet’s grief is compounded by his outrage towards his mother and his lingering doubts about the circumstances of his father’s death. He lapses into a state of melancholy.

But the impact of Hamlet’s emotional instability and the displacement of his anger onto Ophelia, to whom the prince had professed his love, receive less attention by critics, despite the significant psychological issues raised by her predicament. The episode in which Hamlet directs his anger towards Ophelia – often referred to as the ‘nunnery scene’ – is considered one of the most vicious in all Shakespeare.

Get thee to a nunnery. Why wouldst thou be a breeder of sinners?”…. “If thou dost marry, I’ll give this plague for thy dowry, be thou as chaste as ice, as pure as snow, thou shall not escape calamity. Get thee to a nunnery; go, farewell. Or if thou wilt needs marry, marry a fool, for wise men know well enough what monsters you make of them. To a nunnery go, quickly too. Farewell

Her love for Prince Hamlet was forbidden from the outset by her father, the scheming counsellor, Polonius, and by her brother Laertes; she was obedient to them.  With her dignity destroyed by the very person she loved and her father killed, albeit inadvertently by the hand of her lover, she nevertheless reacted with compassion. With her brother away in France, Ophelia is bereft of any meaningful relationships.

With no one left to confide in, her mind had no alternative but to escape reality. She lapsed into a state of mania – a state of ‘fragile happiness’ with underlying deep sorrow; an unconscious defensive operation of the mind known as ‘manic defence’, as described by Melanie Klein [1882-1960], the  renowned Austrian Psychoanalyst.

In this state of mind, Ophelia presents herself before the king and queen, singing snatches of song concerning love, death and betrayal. Her behaviour is totally out of character to her formerly demure self. Here are a few excerpts from her verses illustrating what might be described as a ‘flight of ideas’.

How should I your true love know/ From another one? / By his cockle hat and staff/ And his sandal shoon…”

“He is dead and gone, lady/ He is dead and gone/ At his head a grass green turf/ At his heels a stone…

They say the owl was a baker’s daughter. Lord we know what we are, but know not what we may be. God be at your table …

Hey non nonny, nonny, hey nonny/ And in his grave rained many a tear …” “You must sing ’Adown adown’ and you call him adown-a.”

Later, Queen Gertrude, Hamlet’s mother, announced that Ophelia ‘Fell in a weeping brook while making garlands from crow-flowers, nettles, daisies and long purples’, and had made no attempt to save herself. At the graveyard two gravediggers discussed whether she deserves a Christian burial as she appeared to have taken her own life.

LUCRECE – in Shakespeare’s narrative poem The Rape

of Lucrece

Reworked from a story by the Roman historian Livy, Shakespeare’s innovative narrative poem, first published in 1594, gives access to the mind of a victim of sexual assault. Set in ancient Rome, the poem gives expression to the agony of Lucrece, the gracious wife of a nobleman, following a savage attack upon her by Sextus Tarquinius, the son of the brutal king Lucius Tarquinius of Rome.

During a joyous conversation, a group of young noblemen were commenting on the virtues of their wives when Collatinus extolled the incomparable beauty and chastity of his beloved Lucrece. Aroused by the description of her elegance, young Sextus makes a covert exit, ‘borne by the trustless wings of desire’ in pursuit of his prey –the peerless dame’, ‘weakly fortressed from a world of harm.

Lucrece warmly welcomes her royal guest, who shows no inward ill or outward harm. He praises her husband’s military prowess, ‘pawning his honour to obtain his lust. During the conversation he scans her beauty and burns with sexual desire, yet ‘is madly toss’d between desire and dread. His ambivalence finally gives way to desire. ‘Desire my pilot, beauty my prize/ ‘Then who fears sinking where such treasure lies?’ This said, he advances upon her, ‘like a falcon towering in the skies, that ‘Coutcheth the fowl with his wings’ ‘So under his insulting falcon lies/ Harmless Lucretia’ shade’, trembling with fear, ‘as fowl hear falcon’s bells’. She ‘lies at the mercy of his moral sting’ and finally succumbs ‘To the rough beast that knows no gentle right/ Nor aught obey but his foul appetite’.

Lucrece is shattered, perplexed and grief-stricken by the unexpected assault on her by her honoured guest. ‘I alone must sit and pine/ Seasoning the earth with showers of silver brine’. She weeps, ‘O unseen shame, invisible disgrace/ O unfelt sore, crest wounding private scar’. Her anguish is further expressed through the image of the violated hive. ’My honey lost, and I, a drone – like bee, have no perfection of my summer left/ But robb’d and ransack’d by injurious theft./ In thy weak hive a wand’ring wasp hath kept/ And suck’d the honey which thy chaste bee kept’.

In this state of mourning, Lucrece despatches two messengers: one to her father in Rome and the other to her husband on the battlefield. On their arrival, she reveals the circumstances of her agony and names the individual responsible. She then stabs herself to death.

Their entourage carry her body through Rome and vow to avenge the death of this incomparable woman of chaste’. By public acclaim the reign of Tarquins is overthrown, and the rule of Rome handed over to the consuls.

A scene from Othello

ROSALIND in ‘As You Like It’ – Challenging the Gender Constraints

One of the few female characters to play a leading role is Rosalind in ‘As You Like It’. She remains much to the liking of many a theatre goer because of her wit, wisdom and inner strength. Rosalind transcends the constraints imposed on women during the Shakespearean era – constraints that continue to resonate in certain cultures even today.

Two young women of noble birth flee the oppressive court in disguise and seek refuge in the Forest of Arden. Rosalind disguised as a young man, Ganymede, while her devoted cousin Celia adopts the name Aliena. As they depart Celia declares, “Now go we in content/ To liberty, and not to banishment.” Orlando, the object of Rosalind’s affection, also escapes to the forest to evade the hostility of his brother. Unaware of Rosalind’s disguise, he expresses his love by hanging verses in her praise upon the trees. Although Rosalind discovers these poems, she chooses to maintain her disguise, using it as an opportunity to test Orlando’s devotion and explore the nature of love, courtship, and the differing gender expectations. The play reaches a conclusion by Rosalind dropping her disguise, and the two uniting in love.

*****

Gender-based violence is recognised globally as a pervasive violation of human rights and a significant social, cultural and public health concern. Violence against women, including emotional, physical and sexual, varies across societies in form and prevalence, and is often rooted in unequal power relations and social structures that perpetuate male dominance. Gender-based violence requires collective action through education, legal protection, economic empowerment, accessible support services and changes in attitudes and cultural practices. Power and influence should not be allowed to shield the perpetrators.

Art, including dramatic and literary art, serves to illuminate human experience. It allows us to explore emotions, ideas and moral dilemmas that may otherwise remain beyond ordinary expression. Art can entertain and inspire, but it can also challenge our assumptions, evoke empathy, and offer new ways of seeing ourselves and the world around us. In this sense, art is not merely a form of aesthetic pleasure; it is a means of understanding what it means to be human.

Desdemona, Ophelia, Lucrece and Rosalind are among Shakespeare’s more prominent female characters. The first three are innocent victims of male violence in different forms, evoking our empathy and compassion; the fourth challenges the gender assumptions and constraints of the time. Together, they illuminate gender-based issues that are both universal and timeless. In this sense, Shakespeare remains ‘our contemporary’, as Jan Kott, Polish-American literary critic, famously observed.

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Midweek Review

Nature’s Distress

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By Lynn Ockersz

Nature’s not on any vengeance trail….

Rather, from dense forests of the West,

Now all aflame in parts as if in rage,

To South-East Asia’s savaging floods,

And Sri Lanka’s fierce dry spells,

Where man and beast are imperiled,

Nature’s signaling she’s distressed,

Over her custodian’s ravenous lust,

Which unceremoniously gobbles-up,

Her graciously bestowed riches;

‘Take warning; slow down at least now’,

She seems to be chiding her wayward son,

‘Be gentle with me and all my treasures,

And I’ll look to your continuing wellness,

But rein-in your self-destructive fire,

Lest it consumes your willful self in full,

And all I have left in your custodial care.’

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