Features
THE ONE LAW FOR SRI LANKA
by M Sornarajah
Emeritus Professor of Law
National University of Singapore
The consideration of a one law for Sri Lanka by a commission headed by a divisive figure was emblematic of an administration driven by ethno-nationalist animosities. Now that the young in particular have arisen against such tendencies, it is necessary to consider the one law that has guided and should guide the future of Sri Lanka.
The Supreme Court of Sri Lanka, in a long course of decisions, has held that customary international law, particularly the law on human rights, forms part of the law of Sri Lanka. It is the customary international law so declared by the Supreme Court that truly constitutes the one law of Sri Lanka. In that course of precedents are cases that captured the public imagination. In one, the court ordered that a foreign investment for the mining of phosphate in Eppawala, which would have caused the depletion of natural resources and harmed the foundations of the sacred sites in the area, should be discontinued. In another case, the Supreme Court protected the right of a young politician, Mahinda Rajapakse, in his earlier avatar as a human rights activist, to travel to Geneva to present the case before the Human Rights Committee on the rights of JVP detainees. Many of these cases were argued successfully by my distinguished teacher at the University of Ceylon, the late Mr RKW Goonesekere. A long-time Principal of the Law College, he was a teacher to many lawyers of Sri Lanka. He was committed to the cause of human rights in this country.
A later case, he argued, Sinnarasa v AG in which a politically inclined chief justice held that customary international law on torture is not incorporated in Sri Lankan law, unless expressed through statute, is an aberration widely condemned both in and outside Sri Lanka. It rests on the diminished authority of that particular chief justice. It does not reflect the law in any other common law jurisdiction. The judgment has been condemned by academics both in Sri Lanka and abroad. It, in no way, affects the established rule in Sri Lankan law that customary international law forms a part of the law of Sri Lanka.
The acceptance of customary international law as the only law that is common to Sri Lanka, besides of course, the law contained in legislation and the residual Roman Dutch law, is crucial to Sri Lanka at the current political stage. The consideration of any other “one law” would be divisive and inopportune at a time when the country is going through much hardship. Its pressing problems are reconciliation after the protracted civil war, the release of people kept in custody for inordinately long periods without trial on the allegation that they are terrorists under the draconian Prevention of Terrorism Act, the problem of missing persons and the elimination of rampant corruption that denudes the people of their wealth. For each of these issues, the answer lies in the adherence to the standards mandated by customary international law. The gradual moving away from the standards of the rule of law incorporated in customary international law is a prime reason for the political and economic conditions in our country. Some incidents of this are the lack of an independent judiciary, the absence of equal protection under the law of all citizens of the state, the principle of meritrocracy in public appointments, rampant corruption and the failure of the state to protect the lives of its citizens while having knowledge of threats to their lives.
There are more pressing issues than the stoking of communal and religious passions on the basis of an inquiry to institute one law for Sri Lanka presided over by a convicted Buddhist priest who has a history for promoting racial and religious hatred. There is already one law for Sri Lanka from which rules necessary for our political life can be quarried. Three important areas for which international law points to solutions relate to the need to bring about solutions to the ethnic dispute, the abolition of the Prevention of Terrorism Act and the rampant corruption that has induced an economic crisis in the country.
The 74-year curse of Sri Lanka has been the ethnic problem. It lies at the root of the present calamities. Every politician of the major political parties has jumped on the bandwagon of Sinhala Buddhist extremism to achieve power and then, engaged in corruption, without bringing any benefit to the people. While the children of these Sinhala Buddhist chauvinists were educated overseas or in international schools in English, the children of the poor have been taught in swabasha and are denied access to education in the sciences and technology. They are the political fodder for the future. It is necessary to put an end to this pernicious cycle. International law recognizes the equality of all human beings, as the organizing principle of life. International law recognizes the right to self-determination of the minorities as a means to a solution of ethnic problems. The lesser form of it permits solution within a unitary state. Internal self-determination speaks of devolution and other forms of constitutional settlement. The Supreme Court of Sri Lanka has held that such a solution is in keeping with the Constitution. Such ideas must be explored in putting this particular problem to rest for progress to be achieved. If they do not succeed, the rights of the minorities to be protected by external self-determination revive. The state must rapidly put in place a system that ensures maximum devolution of powers and equality to all minorities to avoid such a result.
The Prevention of Terrorism Act is an outcome of the ethnic problem. Its draconian provisions have resulted in several persons taken into custody going missing. Several still languish in jails without trial. Spurious convictions have occurred through forced confessions. The situation has provoked universal condemnation. Seven United Nations Rapporteurs have, in a joint report, identified what needs to be corrected in the PTA. They identified the following five “necessary prerequisites”: (i) a precise definition of terrorism in line with international norms (ii) legal certainty, especially where the Act impacts on freedoms relating to expression, association, opinion, religion or belief; (iii) prevention of arbitrary deprivation of liberty; (iv) prevention of torture and enforced disappearance; (v) provision of due process and fair trial guarantees.
The government has recently made cosmetic changes to the legislation that are woefully inadequate to meet these requirements. It would be best to abolish the Act and draft new legislation afresh making it measure up to international law standards. The abolition would mean that those who languish in the jails will be released. It is necessary to account for those gone missing after they had been taken into custody or had surrendered to the agents of the government. It is necessary to end the shameful episodes in our law through accountability and make a fresh beginning. The police, the armed forces and the state show scant regard to the value of the lives of citizens as there have been deaths at their hands which have not been inquired into. There has been no attributability of responsibility for these deaths.
The third factor is the extent of corruption that attends our public life. The politicians and the religious leaders who support them have earned public contempt. In that context, it is necessary to follow the prescriptions contained in the United Nations Convention on Corruption, the principles of which are widely considered customary international law. Sri Lanka has signed and ratified the Convention but has, characteristically, not made it part of domestic law. 186 countries (including Uganda) are parties to the Convention. The Convention creates procedure for money stashed away in foreign countries by corrupt politicians to be brought back to Sri Lanka. It will enable the repatriation of proceeds of corruption by successive administrations in Sri Lanka. Money stolen from the people can defray the debts that the country has incurred by successive corrupt administrations. The proceeds of corruption, defined as gained through abuse of “the power entrusted by the people for private gain” must be returned to the people.
Corruption is a violation of fundamental rights of the citizen as it leads to misallocation of public funds. It offends the right to equality by giving access to unexplainable wealth accumulation in the corrupt. There must be fundamental rights cases brought against the politicians requiring that they pay damages personally for the violations of these rights. BASL should take a lead in this. That is possible under existing law. Tracing the corrupt funds in foreign banks will be facilitated if new legislation incorporating the UN Convention on Corruption is made part of our law. True it is that the procedures for the recovery of the proceeds of corruption will take time but sooner they are instituted and the proceeds secured for eventual recovery the better.
Rather than pursue hate-mongering through the search for one law, the Government should pursue the rules of the one law that the Supreme Court has recognized as binding in Sri Lanka in finding solutions to the pressing problems of our country.
Germany had Hitler, a dictator who killed over 12 million Jewish people and took the country to war. After the Second World War, the German People, in the hope of avoiding repetition of such a calamity, enacted a constitution which makes human dignity and international law its centre-pieces. Article 1 reads :
Article 1[Human dignity – Human rights – Legally binding force of basic rights]
1. (1) Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority.
2. (2) The German people therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and of justice in the world.
The Basic Law of Germany has a provision, Basic Law 25 which reads:
Article 25[Primacy of international law]The general rules of international law shall be an integral part of federal law. They shall take precedence over the laws and directly create rights and duties for the in-habitants of the federal territory.
It is imperative that a new beginning is made in Sri Lanka after the present chaos. When it comes about, human dignity, human rights and the duty of the state to protect human lives must be prioritized and provision must be made in the constitution to secure the primacy of international law.
Features
Disaster-proofing paradise: Sri Lanka’s new path to global resilience
iyadasa Advisor to the Ministry of Science & Technology and a Board of Directors of Sri Lanka Atomic Energy Regulatory Council A value chain management consultant to www.vivonta.lk
As climate shocks multiply worldwide from unseasonal droughts and flash floods to cyclones that now carry unpredictable fury Sri Lanka, long known for its lush biodiversity and heritage, stands at a crossroads. We can either remain locked in a reactive cycle of warnings and recovery, or boldly transform into the world’s first disaster-proof tropical nation — a secure haven for citizens and a trusted destination for global travelers.
The Presidential declaration to transition within one year from a limited, rainfall-and-cyclone-dependent warning system to a full-spectrum, science-enabled resilience model is not only historic — it’s urgent. This policy shift marks the beginning of a new era: one where nature, technology, ancient wisdom, and community preparedness work in harmony to protect every Sri Lankan village and every visiting tourist.
The Current System’s Fatal Gaps
Today, Sri Lanka’s disaster management system is dangerously underpowered for the accelerating climate era. Our primary reliance is on monsoon rainfall tracking and cyclone alerts — helpful, but inadequate in the face of multi-hazard threats such as flash floods, landslides, droughts, lightning storms, and urban inundation.
Institutions are fragmented; responsibilities crisscross between agencies, often with unclear mandates and slow decision cycles. Community-level preparedness is minimal — nearly half of households lack basic knowledge on what to do when a disaster strikes. Infrastructure in key regions is outdated, with urban drains, tank sluices, and bunds built for rainfall patterns of the 1960s, not today’s intense cloudbursts or sea-level rise.
Critically, Sri Lanka is not yet integrated with global planetary systems — solar winds, El Niño cycles, Indian Ocean Dipole shifts — despite clear evidence that these invisible climate forces shape our rainfall, storm intensity, and drought rhythms. Worse, we have lost touch with our ancestral systems of environmental management — from tank cascades to forest sanctuaries — that sustained this island for over two millennia.
This system, in short, is outdated, siloed, and reactive. And it must change.
A New Vision for Disaster-Proof Sri Lanka
Under the new policy shift, Sri Lanka will adopt a complete resilience architecture that transforms climate disaster prevention into a national development strategy. This system rests on five interlinked pillars:
Science and Predictive Intelligence
We will move beyond surface-level forecasting. A new national climate intelligence platform will integrate:
AI-driven pattern recognition of rainfall and flood events
Global data from solar activity, ocean oscillations (ENSO, MJO, IOD)
High-resolution digital twins of floodplains and cities
Real-time satellite feeds on cyclone trajectory and ocean heat
The adverse impacts of global warming—such as sea-level rise, the proliferation of pests and diseases affecting human health and food production, and the change of functionality of chlorophyll—must be systematically captured, rigorously analysed, and addressed through proactive, advance decision-making.
This fusion of local and global data will allow days to weeks of anticipatory action, rather than hours of late alerts.
Advanced Technology and Early Warning Infrastructure
Cell-broadcast alerts in all three national languages, expanded weather radar, flood-sensing drones, and tsunami-resilient siren networks will be deployed. Community-level sensors in key river basins and tanks will monitor and report in real-time. Infrastructure projects will now embed climate-risk metrics — from cyclone-proof buildings to sea-level-ready roads.
Governance Overhaul
A new centralised authority — Sri Lanka Climate & Earth Systems Resilience Authority — will consolidate environmental, meteorological, Geological, hydrological, and disaster functions. It will report directly to the Cabinet with a real-time national dashboard. District Disaster Units will be upgraded with GN-level digital coordination. Climate literacy will be declared a national priority.
People Power and Community Preparedness
We will train 25,000 village-level disaster wardens and first responders. Schools will run annual drills for floods, cyclones, tsunamis and landslides. Every community will map its local hazard zones and co-create its own resilience plan. A national climate citizenship programme will reward youth and civil organisations contributing to early warning systems, reforestation (riverbank, slopy land and catchment areas) , or tech solutions.
Reviving Ancient Ecological Wisdom
Sri Lanka’s ancestors engineered tank cascades that regulated floods, stored water, and cooled microclimates. Forest belts protected valleys; sacred groves were biodiversity reservoirs. This policy revives those systems:
Restoring 10,000 hectares of tank ecosystems
Conserving coastal mangroves and reintroducing stone spillways
Integrating traditional seasonal calendars with AI forecasts
Recognising Vedda knowledge of climate shifts as part of national risk strategy
Our past and future must align, or both will be lost.
A Global Destination for Resilient Tourism
Climate-conscious travelers increasingly seek safe, secure, and sustainable destinations. Under this policy, Sri Lanka will position itself as the world’s first “climate-safe sanctuary island” — a place where:
Resorts are cyclone- and tsunami-resilient
Tourists receive live hazard updates via mobile apps
World Heritage Sites are protected by environmental buffers
Visitors can witness tank restoration, ancient climate engineering, and modern AI in action
Sri Lanka will invite scientists, startups, and resilience investors to join our innovation ecosystem — building eco-tourism that’s disaster-proof by design.
Resilience as a National Identity
This shift is not just about floods or cyclones. It is about redefining our identity. To be Sri Lankan must mean to live in harmony with nature and to be ready for its changes. Our ancestors did it. The science now supports it. The time has come.
Let us turn Sri Lanka into the world’s first climate-resilient heritage island — where ancient wisdom meets cutting-edge science, and every citizen stands protected under one shield: a disaster-proof nation.
Features
The minstrel monk and Rafiki the old mandrill in The Lion King – I
Why is national identity so important for a people? AI provides us with an answer worth understanding critically (Caveat: Even AI wisdom should be subjected to the Buddha’s advice to the young Kalamas):
‘A strong sense of identity is crucial for a people as it fosters belonging, builds self-worth, guides behaviour, and provides resilience, allowing individuals to feel connected, make meaningful choices aligned with their values, and maintain mental well-being even amidst societal changes or challenges, acting as a foundation for individual and collective strength. It defines “who we are” culturally and personally, driving shared narratives, pride, political action, and healthier relationships by grounding people in common values, traditions, and a sense of purpose.’
Ethnic Sinhalese who form about 75% of the Sri Lankan population have such a unique identity secured by the binding medium of their Buddhist faith. It is significant that 93% of them still remain Buddhist (according to 2024 statistics/wikipedia), professing Theravada Buddhism, after four and a half centuries of coercive Christianising European occupation that ended in 1948. The Sinhalese are a unique ancient island people with a 2500 year long recorded history, their own language and country, and their deeply evolved Buddhist cultural identity.
Buddhism can be defined, rather paradoxically, as a non-religious religion, an eminently practical ethical-philosophy based on mind cultivation, wisdom and universal compassion. It is an ethico-spiritual value system that prioritises human reason and unaided (i.e., unassisted by any divine or supernatural intervention) escape from suffering through self-realisation. Sri Lanka’s benignly dominant Buddhist socio-cultural background naturally allows unrestricted freedom of religion, belief or non-belief for all its citizens, and makes the country a safe spiritual haven for them. The island’s Buddha Sasana (Dispensation of the Buddha) is the inalienable civilisational treasure that our ancestors of two and a half millennia have bequeathed to us. It is this enduring basis of our identity as a nation which bestows on us the personal and societal benefits of inestimable value mentioned in the AI summary given at the beginning of this essay.
It was this inherent national identity that the Sri Lankan contestant at the 72nd Miss World 2025 pageant held in Hyderabad, India, in May last year, Anudi Gunasekera, proudly showcased before the world, during her initial self-introduction. She started off with a verse from the Dhammapada (a Pali Buddhist text), which she explained as meaning “Refrain from all evil and cultivate good”. She declared, “And I believe that’s my purpose in life”. Anudi also mentioned that Sri Lanka had gone through a lot “from conflicts to natural disasters, pandemics, economic crises….”, adding, “and yet, my people remain hopeful, strong, and resilient….”.
“Ayubowan! I am Anudi Gunasekera from Sri Lanka. It is with immense pride that I represent my Motherland, a nation of resilience, timeless beauty, and a proud history, Sri Lanka.
“I come from Anuradhapura, Sri Lanka’s first capital, and UNESCO World Heritage site, with its history and its legacy of sacred monuments and stupas…….”.
The “inspiring words” that Anudi quoted are from the Dhammapada (Verse 183), which runs, in English translation: “To avoid all evil/To cultivate good/and to cleanse one’s mind -/this is the teaching of the Buddhas”. That verse is so significant because it defines the basic ‘teaching of the Buddhas’ (i.e., Buddha Sasana; this is how Walpole Rahula Thera defines Buddha Sasana in his celebrated introduction to Buddhism ‘What the Buddha Taught’ first published in1959).
Twenty-five year old Anudi Gunasekera is an alumna of the University of Kelaniya, where she earned a bachelor’s degree in International Studies. She is planning to do a Master’s in the same field. Her ambition is to join the foreign service in Sri Lanka. Gen Z’er Anudi is already actively engaged in social service. The Saheli Foundation is her own initiative launched to address period poverty (i.e., lack of access to proper sanitation facilities, hygiene and health education, etc.) especially among women and post-puberty girls of low-income classes in rural and urban Sri Lanka.
Young Anudi is primarily inspired by her patriotic devotion to ‘my Motherland, a nation of resilience, timeless beauty, and a proud history, Sri Lanka’. In post-independence Sri Lanka, thousands of young men and women of her age have constantly dedicated themselves, oftentimes making the supreme sacrifice, motivated by a sense of national identity, by the thought ‘This is our beloved Motherland, these are our beloved people’.
The rescue and recovery of Sri Lanka from the evil aftermath of a decade of subversive ‘Aragalaya’ mayhem is waiting to be achieved, in every sphere of national engagement, including, for example, economics, communications, culture and politics, by the enlightened Anudi Gunasekeras and their male counterparts of the Gen Z, but not by the demented old stragglers lingering in the political arena listening to the unnerving rattle of “Time’s winged chariot hurrying near”, nor by the baila blaring monks at propaganda rallies.
Politically active monks (Buddhist bhikkhus) are only a handful out of the Maha Sangha (the general body of Buddhist bhikkhus) in Sri Lanka, who numbered just over 42,000 in 2024. The vast majority of monks spend their time quietly attending to their monastic duties. Buddhism upholds social and emotional virtues such as universal compassion, empathy, tolerance and forgiveness that protect a society from the evils of tribalism, religious bigotry and death-dealing religious piety.
Not all monks who express or promote political opinions should be censured. I choose to condemn only those few monks who abuse the yellow robe as a shield in their narrow partisan politics. I cannot bring myself to disapprove of the many socially active monks, who are articulating the genuine problems that the Buddha Sasana is facing today. The two bhikkhus who are the most despised monks in the commercial media these days are Galaboda-aththe Gnanasara and Ampitiye Sumanaratana Theras. They have a problem with their mood swings. They have long been whistleblowers trying to raise awareness respectively, about spreading religious fundamentalism, especially, violent Islamic Jihadism, in the country and about the vandalising of the Buddhist archaeological heritage sites of the north and east provinces. The two middle-aged monks (Gnanasara and Sumanaratana) belong to this respectable category. Though they are relentlessly attacked in the social media or hardly given any positive coverage of the service they are doing, they do nothing more than try to persuade the rulers to take appropriate action to resolve those problems while not trespassing on the rights of people of other faiths.
These monks have to rely on lay political leaders to do the needful, without themselves taking part in sectarian politics in the manner of ordinary members of the secular society. Their generally demonised social image is due, in my opinion, to three main reasons among others: 1) spreading misinformation and disinformation about them by those who do not like what they are saying and doing, 2) their own lack of verbal restraint, and 3) their being virtually abandoned to the wolves by the temporal and spiritual authorities.
(To be continued)
By Rohana R. Wasala ✍️
Features
US’ drastic aid cut to UN poses moral challenge to world
‘Adapt, shrink or die’ – thus runs the warning issued by the Trump administration to UN humanitarian agencies with brute insensitivity in the wake of its recent decision to drastically reduce to $2bn its humanitarian aid to the UN system. This is a substantial climb down from the $17bn the US usually provided to the UN for its humanitarian operations.
Considering that the US has hitherto been the UN’s biggest aid provider, it need hardly be said that the US decision would pose a daunting challenge to the UN’s humanitarian operations around the world. This would indeed mean that, among other things, people living in poverty and stifling material hardships, in particularly the Southern hemisphere, could dramatically increase. Coming on top of the US decision to bring to an end USAID operations, the poor of the world could be said to have been left to their devices as a consequence of these morally insensitive policy rethinks of the Trump administration.
Earlier, the UN had warned that it would be compelled to reduce its aid programs in the face of ‘the deepest funding cuts ever.’ In fact the UN is on record as requesting the world for $23bn for its 2026 aid operations.
If this UN appeal happens to go unheeded, the possibilities are that the UN would not be in a position to uphold the status it has hitherto held as the world’s foremost humanitarian aid provider. It would not be incorrect to state that a substantial part of the rationale for the UN’s existence could come in for questioning if its humanitarian identity is thus eroded.
Inherent in these developments is a challenge for those sections of the international community that wish to stand up and be counted as humanists and the ‘Conscience of the World.’ A responsibility is cast on them to not only keep the UN system going but to also ensure its increased efficiency as a humanitarian aid provider to particularly the poorest of the poor.
It is unfortunate that the US is increasingly opting for a position of international isolation. Such a policy position was adopted by it in the decades leading to World War Two and the consequences for the world as a result of this policy posture were most disquieting. For instance, it opened the door to the flourishing of dictatorial regimes in the West, such as that led by Adolph Hitler in Germany, which nearly paved the way for the subjugation of a good part of Europe by the Nazis.
If the US had not intervened militarily in the war on the side of the Allies, the West would have faced the distressing prospect of coming under the sway of the Nazis and as a result earned indefinite political and military repression. By entering World War Two the US helped to ward off these bleak outcomes and indeed helped the major democracies of Western Europe to hold their own and thrive against fascism and dictatorial rule.
Republican administrations in the US in particular have not proved the greatest defenders of democratic rule the world over, but by helping to keep the international power balance in favour of democracy and fundamental human rights they could keep under a tight leash fascism and linked anti-democratic forces even in contemporary times. Russia’s invasion and continued occupation of parts of Ukraine reminds us starkly that the democracy versus fascism battle is far from over.
Right now, the US needs to remain on the side of the rest of the West very firmly, lest fascism enjoys another unfettered lease of life through the absence of countervailing and substantial military and political power.
However, by reducing its financial support for the UN and backing away from sustaining its humanitarian programs the world over the US could be laying the ground work for an aggravation of poverty in the South in particular and its accompaniments, such as, political repression, runaway social discontent and anarchy.
What should not go unnoticed by the US is the fact that peace and social stability in the South and the flourishing of the same conditions in the global North are symbiotically linked, although not so apparent at first blush. For instance, if illegal migration from the South to the US is a major problem for the US today, it is because poor countries are not receiving development assistance from the UN system to the required degree. Such deprivation on the part of the South leads to aggravating social discontent in the latter and consequences such as illegal migratory movements from South to North.
Accordingly, it will be in the North’s best interests to ensure that the South is not deprived of sustained development assistance since the latter is an essential condition for social contentment and stable governance, which factors in turn would guard against the emergence of phenomena such as illegal migration.
Meanwhile, democratic sections of the rest of the world in particular need to consider it a matter of conscience to ensure the sustenance and flourishing of the UN system. To be sure, the UN system is considerably flawed but at present it could be called the most equitable and fair among international development organizations and the most far-flung one. Without it world poverty would have proved unmanageable along with the ills that come along with it.
Dehumanizing poverty is an indictment on humanity. It stands to reason that the world community should rally round the UN and ensure its survival lest the abomination which is poverty flourishes. In this undertaking the world needs to stand united. Ambiguities on this score could be self-defeating for the world community.
For example, all groupings of countries that could demonstrate economic muscle need to figure prominently in this initiative. One such grouping is BRICS. Inasmuch as the US and the West should shrug aside Realpolitik considerations in this enterprise, the same goes for organizations such as BRICS.
The arrival at the above international consensus would be greatly facilitated by stepped up dialogue among states on the continued importance of the UN system. Fresh efforts to speed-up UN reform would prove major catalysts in bringing about these positive changes as well. Also requiring to be shunned is the blind pursuit of narrow national interests.
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