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Editorial

The Colombo Port City

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However hard the government tries to claim that it won a famous victory in getting through the legislature the controversial Colombo Port City Bill, now an Act of Parliament following its certification last week by Speaker Mahinda Yapa Abeywardena, the fact remains that the Supreme Court (SC) found as many as 25 of its 74 clauses in conflict with the constitution. This is more than a third of the Bill that was originally presented and has been described as a “stinging rebuke” by critics. The SC held that many of the clauses, if not amended, required a two thirds majority of the House for their enactment; and there were others that required both the special majority plus the people’s consent at a referendum. It goes unsaid that the government will under no circumstances wade into a referendum. If we by some miracle have one, people will not bother about any Port City question that is put. They will vote on whether they do or do not want the incumbent government to remain in office. That is reason enough for any government to avoid referendums like the plague.

As promised, the impugned clauses were amended in line with SC guidelines to pass muster. After that, there was no need for the two thirds majority – which the government failed to get by a single vote – or any referendum. Readers will remember the one referendum we had was when the J.R. Jayewardene government asked the people to vote for either the ‘pot’ or the ‘lamp’ to indicate whether they consented to extend the massive mandate JRJ won in 1977. He asked for authority to continue to hold, without an election, the five sixths majority he won in that unprecedented landslide. That was in 1982 and the then incumbent Parliament got six more years without an election. There were numerous allegations that the referendum was rigged but nothing was proved. But it was as clear as daylight to anybody with eyes to see that the prohibition on the display of symbols was flagrantly violated.

It is true that JRJ applied some whitewash over this highly undemocratic act of canceling an election. He did that by requiring sitting ruling party MPs who could not carry their constituencies when he sought re-election (actually a misnomer as we will presently explain) in 1982 and the referendum that followed some weeks later. The misnomer is that he was not elected president in 1977. He was elected prime minister and was later “deemed” president by his 1978 constitution creating the executive presidency. Even in the whitewashing, there was dilution. Then Finance Minister Ronnie de Mel was exempted from facing a by-election and moved from Devinuwara to Bulathsinhala and no by-election was held at Panadura, out of the fear of Dr. Neville Fernando elected on the UNP ticket in 1977, who later resigned from Parliament following differences of opinion with the president.

We have been told by government MPs that there was a miscount in the parliamentary voting on the Bill and an inquiry of whether this was so would be held. Although there were different tallies, none of them hit the magic 150 number which constitutes the two thirds majority in the 225-member legislature. Voting in Parliament is now electronic and not physical. Gone are the days of voice votes of ‘ayes’ and ‘noes’, MPs standing at their seats for physical counts, or the calling of names where a vote by name is called for. Mr. Dhammika Kitulgoda, a former Secretary General of Parliament had been appointed as inquirer into this matter but had not begun his inquiry as this is being written. However the government’s Information and Communication Technology Agency (ICTA) was called to investigate and a report, not yet published or publicized, had been presented. Readers will agree that if the finding was in favour of the government contention, this would not have been the case.

We run in this issue a call by Mr. Chandra Jayaratne, a former Chairman of the Ceylon Chamber of Commerce who headed the CTC Eagle Insurance Company when the Ceylon Tobacco Company was in the insurance business, calling for the creation of an Independent Parliamentary Counsel in this country. This institution exists in the United Kingdom and Australia and Jayaratne, a civil society activist sees the Port City Bill (now Act) as a good reason for Sri Lanka too setting up such an institution to carry out the duties now undertaken by the Legal Draftsman. The people of this country will join him is asking how a Bill, with more than a third of its clauses in variance with the Constitution, could have in the first place been gazetted and then presented to Parliament with such defects. It presumably went through the Legal Draftsman, Attorney General, Ministry of Justice and the Cabinet before it came to Parliament. In fact the state-controlled Daily News reported over a month ago that AG had informed the Secretary to the President that “provisions of the Bill are not inconsistent with the Constitution. The Bill is not subject to any prohibitions or restrictions imposed by the 13th Amendment to the Constitution and may be enacted by Parliament.” Thereafter when the various unconstitutional defects were being pointed by counsel supporting the 19 petitions before the SC, a series of intended amendments were presented.

We are all familiar with the police arresting suspects on Friday evenings so that they can be held in custody until Monday morning without being produced before a Magistrate. The Port City Bill was presented to Parliament in the middle of the New Year holiday season limiting the time-frame open for citizen to challenge it. Nevertheless 19 petitions were filed and considered by a five-judge bench of the SC that made a unanimous determination. Whether the creation of the institution promoted by Jayaratne will make any difference to mala fide acts of governments seeking political advantages, we doubt. Perhaps the Port City will make a difference to the economy of our country. But that is no excuse for attempting to push through legislation that is bad in law.



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Editorial

Time to pursue climate relief more vigorously

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Wednesday 24th December, 2025

Climate change has upended long-held theories about cyclones in the equatorial regions, and Sri Lanka, which was once considered reasonably safe from such severe weather phenomena, is becoming increasingly vulnerable, as evident from the devastating impact of Cyclone Ditwah. All signs are that the worst is yet to come, and the need for a multi-pronged national strategy to prepare the country to face future natural disasters linked to climate change cannot be overstated.

The government of Sri Lanka has been in overdrive, seeking assistance from the international community for its post-Ditwah rebuilding programmes. The World Bank has estimated the losses caused by the recent disasters at USD 4.1 billion. Foreign assistance is coming, but in dribs and drabs. There have also been loans for rebuilding, but such borrowing is bound to make the country’s efforts to achieve debt sustainability even more uphill. This has caused much concern to international experts.

A group of internationally renowned economists, including Nobel Laureate Joseph Stiglitz, has called for the “immediate suspension of Sri Lanka’s external sovereign debt payments, and a new restructuring that restores debt sustainability under the new circumstances”. Other members of the group of eminent economists urging the international community to help Sri Lanka are Jayati Ghosh, Thomas Piketty, Martín Guzmán and Kate Raworth. They have said: “This environmental emergency is poised to absorb – and potentially exceed – the extremely limited fiscal space created by the current debt restructuring package. Additional external debt is already being obtained from the IMF, and more lending to deal with the impacts of the disaster is likely.” These economists deserve praise for their concern for a disaster-stricken nation mired in debt, but whether international creditors will take a sympathetic view of Sri Lanka’s predicament and agree to another round of debt restructuring is in doubt.

Another debt default is something Sri Lanka needs like a hole in the head. Hence the need to explore other avenues to raise finance for rebuilding.

Leader of the United Republic Front and former Cabinet Minister Patali Champika Ranawaka argued in an interview with Derana TV on Monday night that Sri Lanka should leverage its situation as a victim of climate change to gain access to international climate financing to cover at least part of the cost of post-disaster rebuilding, instead of depending on loans. He said that obtaining such climate relief should be part of Sri Lanka’s recovery strategy, and some debt relief should be sought from the carbon-polluting industrialised nations among its creditors.

There is a growing corpus of literature about the pathways vulnerable states can use to seek climate aid. The countries affected by climate change can gain access to international aid and relief through established climate finance mechanisms, humanitarian channels, and multilateral institutions. A dedicated Loss and Damage Fund is now in place to channel resources to vulnerable nations. There have been instances where some vulnerable nations, especially those of the organisations, such as the Small Island Developing States (SIDS), have successfully accessed international climate change finance, relief and legal avenues for support. Tuvalu became one of the first Pacific island nations to access climate finance from the Green Climate Fund. However, UN reports show that SIDS still receive only a fraction of international climate finance relative to their vulnerability. There’s the rub.

Another method the victim nations can adopt to raise funds is ‘innovate finance’, which has been defined as “creative use of financial markets and partnerships with international finance institutions to support adaptation and resilience in a climate-vulnerable nation”.

What Ranawaka has proposed by way of easing the country’s rebuilding burden to some extent deserves serious consideration. It is hoped that the government will take such views on board at this crucial juncture.

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Editorial

A very sad day for the rule of law

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Tuesday 23rd December, 2025

What’s this world coming to when the police cringe and cower before politicians? The JVP has a history of attacking the police. It even murdered the family members of the police personnel who dared defy its illegal orders during its reign of terror in the late 1980s. Old habits are said to die hard. A policeman attached to the Suriyakanda police station has complained that a gang led by a JVP/NPP MP assaulted him following a raid on a cannabis cultivation in Bulutota in the Suriyakanda area. The victim was first admitted to the Kolonna hospital and thereafter transferred to the District General Hospital, Embilipitiya.

NPP MP Shantha Pathmakumara Subasinghe has denied any involvement in the aforesaid assault incident. He has claimed that the policeman confronted him and there was a heated argument; the assault incident was a total fabrication and part of a conspiracy against him, he has alleged. If so, why was the policeman hospitalised and transferred to a District General Hospital? Another police officer has been transferred over the cannabis cultivation issue, according to media reports.

Worse, the policeman receiving treatment was arrested yesterday while his assailants were moving about freely! Thankfully, he was granted bail.

If the land used for cannabis cultivation in Bulutota had belonged to an Opposition politician, IGP Priyantha Weerasooriya himself would have rushed there and held a press conference. Most of all, if the assailants of the policeman had been political rivals of the ruling JVP/NPP, they would have been arrested immediately.

The JVP/NPP politicians have apparently graduated from roughing up their political rivals to assaulting policemen. Such transgressions brought about the collapse of the Mahinda Rajapaksa government, which gave free rein to the likes of Mervyn Silva, who together with his son, reduced the police to a bunch of lackeys. The culture of impunity persists despite last year’s regime change.

The JVP leaders asked for stern action against Mervyn, his son and other goons—and rightly so. They sought a popular mandate to govern the country, break what they called a 76-year curse, eliminate bribery and corruption and political violence and restore the rule of law. But today the ruling party politicians have risen above the law. The police mysteriously ran out of breathalyzers when NPP MP Asoka Ranwala met with an accident. He was subjected to a blood alcohol test more than 12 hours after the crash, and his blood and urine samples were sent to the Government Analyst’s Department. It was a foregone conclusion that those samples would test negative for alcohol. There have been instances where heroin samples sent to the Government Analyst’s Department for testing turned out to be flour! Such is the integrity of that institution.

The police unashamedly sided with a group of JVP cadres who stormed a Frontline Socialist Party office and forcibly occupied it a few months ago. The JVP/NPP members can park their vehicles anywhere on the expressway with impunity. Drunk driving is not a problem for the government MPs, for they can undergo blood alcohol tests leisurely after they become fully sober in case of accidents. When raids happen to expose ruling party politicians’ involvement in drug dealing, police officers who conduct them are transferred or assaulted.

One of the worst things that can happen to a country is for its citizens to lose faith in its legal system. A perquisite for bringing order out of chaos in any society is to restore the rule of law, and this is a task for statespersons and not a bunch of self-righteous politicians posing as messiahs.

Politicians take leave of their senses when power goes to their heads. This may explain why they rough up policemen, subvert the legal process, hold ceremonies to mark the resumption of train services after disasters and dance like clowns at railway stations while the country is mourning hundreds of its citizens who perished in disasters.

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Editorial

Danger of weak drug regulation

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Monday 22nd December, 2025

Maan Pharmaceuticals Ltd., the manufacturer of Ondansetron, which has been withdrawn from hospitals here pending a probe, is reported to have asked the Sri Lankan health authorities to have the drug tested by an internationally accredited laboratory. The use of nine other Maan products too has been suspended in Sri Lanka over quality concerns. Maan’s reaction has come as no surprise; all companies ardently defend their products. However, its concerns should be heeded. The National Medicines Regulatory Authority (NMRA) and the Ministry of Health ought to furnish irrefutable evidence in support of their decision to suspend the use of the drugs at issue. The manner in which the NMRA has carried out its duties and functions, especially granting approval for drugs and investigating complaints of their quality, over the years, does not inspire public trust.

The subtext of what has been reported of the Maan’s letter to the Sri Lankan health authorities is worth taking note of. It can be argued that in corporate newspeak, Maan has questioned the competence of the NMRA to test its products. As Maan would have us believe that its products meet international standards, it should be asked to state whether it has gained access to stringent regulatory destinations, such as the US and EU, and, if not, why.

It is being argued in some quarters that the degradation of pharmaceuticals can happen due to improper storage and transport. Maan’s aforesaid letter reportedly has reference to drug storage here. There are allegations that the Sri Lankan health authorities leave imported drugs in freight containers under inappropriate conditions for extended periods. However, the phials of Ondansetron which were tested at the Kandy National Hospital and found to be affected by microbial contamination had been stored properly and their seals were intact, according to media reports, quoting doctors. Thus, the contamination of the drug points to issues in manufacturing and packaging rather than storage and transport.

Meanwhile, a news item in this newspaper today reveals the pivotal importance the pharmaceutical industry has assumed in the Indian economy; India’s pharmaceutical exports have crossed USD 30 billion. Therefore, some critics of the Indian pharmaceutical products are of the view that India will do everything in its power to protect the interests of its drug companies, including Maan. But the fact remains that India itself has cracked down on some of its pharmaceutical companies involved in scandals. It severely dealt with the Indian companies that manufactured contaminated cough syrups which killed 66 children in Gambia in 2022 and 22 children in India in September 2025.

In the greed-driven corporate world, profits take precedence over human life, and there is hardly anything that Big Pharma spares in pursuing profit maximisation. As we pointed out in a previous comment, the World Health Organization has revealed that at least one in 10 medical products in low-and middle-income countries fails to meet quality standards or is falsified. This shows the enormity of the problem of fake and substandard drugs. Hence the need for robust mechanisms to protect patients.

All issues related to substandard and falsified drugs and their adverse effects in this country boil down to the failure of successive governments to address multiple problems pertaining to drug regulation and testing and find long-term solutions. Flaws in regulatory oversight and the absence of proper testing facilities have helped corrupt politicians and bureaucrats enrich themselves by turning this country into a dumping ground for poor-quality and fake medicines. Health Minister Dr. Nalinda Jayatissa himself has said that not all drugs approved by the NMRA undergo rigorous testing, and thorough tests are conducted on drugs only when there are complaints about their quality.

Most of all, the NMRA has to be cleansed, as a national priority. Its history is replete with numerous scandals, including allegations of corrupt drug registrations, data manipulation, issues with substandard and fake medicines leading to patient deaths prompting investigations, suspensions, legal action, and internal turmoil with officials resigning amidst claims of threats and cover-ups.

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