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Truth and Reconciliation Commission for Sri Lanka: Issues and challenges

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Minister Herath addressing the UNHRC. (File pic)

D. Phil. (Oxford), Ph. D. (Sri Lanka);

Rhodes Scholar, Quondam Visiting Fellow of the Universities of Oxford, Cambridge and London;

Former Vice-Chancellor and Emeritus Professor of Law of the University of Colombo.

I. The Domestic and International Setting

The establishment of a Truth and Reconciliation Commission is a matter of lively interest across our society at this time. Developments a few days ago at the international level make this issue immediately relevant to the national interest of Sri Lanka.

The Minister of Foreign Affairs, Mr. Vijitha Herath, in his address at the 58th Session of the Human Rights Commission in Geneva in February this year, expressed interest in “the contours of a strong truth and reconciliation framework” and committed his government to “strengthening the work” in this field.

Current preoccupation with this concept has both a domestic and an international impetus. Within the country, the overwhelming confidence placed by the people of the North and East, as part of an Islandwide avalanche, in the current National People Power administration, impels the Government to focus, as a matter of priority, on national healing and reconciliation.

Beyond our shores, the expectation is equally urgent. The United Nations Human Rights Council, over the last decade, has adopted no fewer than 6 Resolutions on Sri Lanka. The pivotal Resolution, co-sponsored by Sri Lanka in 2015, called for a Commission for Truth, Justice, Reconciliation and Non-Recurrence. Subsequent Resolutions, expressing concern over lack of progress and the need for international accountability, introduced a new – and potentially hazardous – dimension. This consisted of the creation of a uniquely intrusive mechanism to gather and analyse evidence relating to Sri Lanka as a launching pad for further action in international tribunals.

Against the backdrop of these initiatives, a series of legislative measures have been taken in Sri Lanka – principally the enactment of the Office of Missing Persons Act of 2016, the Office for Reparations Act of 2018 and the Office of National Unity and Reconciliation Act of 2024. However, a hiatus remains with regard to the overarching mechanism of a Truth and Reconciliation Commission.

In attempting to complete the edifice, it is natural that policy makers in Sri Lanka should seek to derive assistance from the experience of South Africa, the home of probably the best-known Commission of this kind in the world. Inadequately and superficially researched, the proposed Sri Lankan legislation, published in the Gazette of 29 December 2023, suffers by comparison with legislation in other countries: it is marred by glaring omissions, and reflects shallowness of understanding of the aspirations which undergird successful instruments of reconciliation in our time.

II. The South African Experience Compared

The overlapping and contrasting features of Sri Lankan and South African legislation warrant close analysis.

(a) Territorial Application

There is a crucial difference in this regard. The mandate in South Africa embraces the whole nation without qualification (Preamble and section 3 of Act No. 34 of 1995). By contrast, the proposed mandate in Sri Lanka is operative throughout the Island, but only where the atrocities in question “were caused in the course of, or reasonably connected to, or consequent to the conflict which took place in the Northern and Eastern Provinces during the period 1983 to 2009, or its aftermath” (section 12(i)).

This is a limitation which cannot but affect the completeness of the Commission’s work. For instance, among the Commission’s powers is that of applying to a Magistrate “to excavate sites of suspected graves or mass graves and to act as observers at such excavations or exhumations” (section 13 (2c)). This is relevant also to areas outside the Northern and Eastern Provinces, and curtailment of the Commission’s mandate detracts from the overall balance and value of its work.

(b) Structural Framework

The South African legislation envisages 3 Committees specifically established alongside the Commission – the Committee on Human Rights Violations, the Committee on Amnesty and the Committee on Reparation and Rehabilitation. Each of these Committees has a statutory mandate and function, the role of each being clearly defined in relation to the Commission.

The Sri Lankan Bill is much less precise and clear-cut.The corresponding provision empowers the Commission to appoint panels consisting of not less than 3 members, the members being assigned to panels by the Chairperson of the Commission (section 7(2)). Unlike in South Africa, there is no indication of either the number of panels, or the subject matter entrusted to each panel. A tighter conceptual scheme, with explicit definition of identity and scope, is desirable at this conjuncture.

(c) Reconciliation and the Judiciary

Investigation which the Commission in Sri Lanka is authorised to undertake encompasses a wide range of activity including “extrajudicial killings, assassinations and mass murders” (section 12(g)(i)), “acts of torture” (section 12(g)(ii)) and “abduction, hostage taking and enforced disappearances” (section 12(g)(iv)). These are grave crimes in respect of which proceedings are instituted before the regular courts. In this event, should judicial proceedings, of a civil or criminal nature, be suspended until conclusion of the Commission’s investigations, or vice versa, or should they take place concurrently?

This is a matter of obvious practical importance which receives detailed consideration in South Africa, but not at all in Sri Lanka. For instance, where the person seeking amnesty before the relevant Committee in South Africa has a civil action in court pending against him, he may request suppression of the proceedings pending disposal of the application before the Committee (section 19(6)). The court may, after hearing all relevant parties, accede to this request. Similarly, a criminal action may be postponed in consultation with the Attorney-General of the relevant Province. These provisions serve the salutary purpose of averting the risk of conflicting orders by the courts and a Committee of the Commission in simultaneous proceedings. The Sri Lankan Bill fails to make any provision against this unacceptable contingency.

(d) Protection and Compellability

Discovery of truth requires the compulsory attendance of witnesses and the production of evidence before the Commission or its delegate. There is a the equally critical need, in subsequent proceedings, to protect witnesses against incrimination by testimony obtained through compulsion. These are competing objectives which need to be reconciled equitably.

This is achieved by the South African legislation: a person will be compelled to answer or produce evidentiary material having the potential to incriminate him, only if the Commission is satisfied that this course of action is “reasonable, necessary and justifiable” (section 31(2)). Moreover, the vital proviso is attached that the incriminating answer or evidence is inadmissible in criminal proceedings against the person providing it. This is a satisfactory result.

The position in Sri Lanka is quite otherwise. There is provision for the Commission to summon any person or to procure material (section 13(t) and (u)). This exists side by side with provision empowering the Attorney-General “to institute criminal proceedings in respect of any offence based on material collected in the course of an investigation by the Commission” (section 16(2)). Vulnerability is enhanced by the removal of protection conferred by the Evidence Ordinance (section 13(y)). In stark contrast with the position in South Africa, there is singular absence of any provision against self-incrimination in Sri Lanka.

(e) Amnesty

The basic purpose of Truth and Reconciliation Commissions around the world is to enable victims to come to terms with a deeply scarred past and to face the future with dignity and self-assurance. This is the gist of the Greek concept of Katharsis, or purging of the soul. Through full and candid disclosure, involving unburdening and relief, comes the expiation of guilt.

This is the context in which the idea of amnesty occupies a central place in the scheme of reconciliation. The Committee on Amnesty is the centrepiece of South African legislation. The primacy of its function is underlined by the provision that “No decision, or the process of arriving at such a decision, of the Committee on Amnesty shall be reviewed by the

Commission” (section 5(e)). The status of this Committee is unique, standing as it does apart from, and indeed above, the other Committees. An application for amnesty succeeds in South Africa if there is genuine contrition manifested in complete disclosure of all relevant facts (section 20(i)).

Sri Lankan law takes an entirely different course. Although the proposed Bill postulates, as one of the main objectives of the Commission “providing the people of Sri Lanka with a platform for truth telling” (section 12(d)), no provision whatever is made for conferment of amnesty in consequence of uninhibited disclosure. At the core of the law, there is a policy contradiction, with practical implications.

III. Political Will

Apart from these infirmities, cumulatively worrying, there is a negative factor of far greater importance.

When the draft legislation in Sri Lanka was published in January 2024, the response was less than unreservedly enthusiastic. This was mainly because of lingering doubts about the strength of political will underpinning this initiative. By no means the initial overture, this was yet another step in a long and disheartening sequence of events. The Lessons Learnt and Reconciliation Commission, the Udalagama Commission and the Paranagama Commission represented together a sterile endeavour, for well over a decade, to address the salient issues. The Bill impliedly concedes this. What is of particular significance is the inclusion, in Part VIII of the Bill, of a set of provisions entitled “Implementation of the Commission’s Recommendations”. The key provision requires the setting up of a Monitoring Committee (section 39) consisting of the Secretaries of 5 Ministries and 6 others, to submit to the President every 6 months reports which “shall include the reasons for non-implementation” (section 40(9)) by relevant entities. This is hardly likely to engender a high threshold of confidence.

A critical component of political will is commitment to community participation. This was much in evidence in South Africa even before Nelson Mandela’s accession to the Presidency. In my academic career, during visits to the University of the Witwatersrand and the University of Cape Town on lecture tours, I observed at first hand, the sustained efforts by leaders of South African academia to convince the corporate sector that structural change is the preferable alternative to unbridled anarchy.

As Minister of Justice, Ethnic Affairs and National Integration in the Government of President Chandrika Kumaratunga, I interacted closely with my counterparts,Dullah Omar, Minister of Justice and Mandela’s personal lawyer and Valli Moosa, Minister of Constitutional Affairs, who even used pictorial images, rather than the printed word, to convey the central message of reconciliation to the vast mass of the people, especially in the rural hinterland. This was very much the wind beneath the wings, and supplied the thrust for intense community involvement.

IV. Role of an Icon

Rising above all these considerations is a circumstance which was brought home to me vividly during my participation, as Minister of Foreign Affairs, in the Commonwealth Summit in Kigali, Rwanda, in 2022. On the sidelines of this event, I had the benefit of a discussion with my South African counterpart, Ms. Naledi Pandor, at the time Minister of International Relations and Cooperation. She shared with me her perspective that, whatever the South African process accomplished, was in considerable measure attributable to the towering stature of Archbishop Desmond Tutu who enjoyed remarkable prestige across the nation. An emblematic figure as the visible symbol of the process is, therefore, vital, the ideal choice probably being a personality bereft of a prominent political profile. Qualities of leadership are, in practice, of even greater value than the structural characteristics of the Commission.

V. Restorative Justice

The abiding inspiration of reconciliation mechanisms arises from the idea of restorative, as opposed to retributive, justice; but this concept has intrinsic limits. In the South African case, pride of place was given to sincere truth telling which would overcome hatred and the primordial instinct for revenge. The vehicle for giving effect to this was amnesty. Not infrequently, however, this opportunity was spurned. Despite the personal intervention of Mandela, former State President P. W. Botha was adamant in his refusal to appear before the Commission which he denounced as “a fierce unforgiving assault” on Afrikaaners. This sentiment struck a compliant chord in many leaders of the security and military establishment under the apartheid regime. Among them were General Magnus Malan, former Minister of Defence, and General Johan van der Merwe, former Commissioner of the South African Police.

Contemptuous refusal to appear before the Commission led to criminal prosecution. Eugene de Kock, commander of a police death squad, was convicted on multiple counts of murder. An interesting case is that of Security Branch officer, Joao Rodrigues, who was charged with murder 47 years after the death of anti-apartheid activist, Ahmed Timol, in police custody. When repentance and amnesty failed, criminal responsibility took over.

At the heart of the discourse is interplay among the ideas of truth, justice and reconciliation. Search for the right balance is the perennial dilemma. The basic conflict is between amnesty and accountability. A legitimate criticism of the South African experience is that it tended, on occasion, to give disproportionate attention to the former at the expense of the latter. It did happen that grave crimes went unpunished, leaving victims, after the trauma of reliving the past, profoundly unfulfilled.

Diverse cultures offer an array of choices. In Argentina, the power to grant amnesty was withheld from the Commission. In Colombia, disclosure resulted not in total exoneration but in mitigation of sentence. In Chile, prosecutions were feasible only after a prolonged interval since the dismantling of Augusto Pinochet’s dictatorship. In Peru, individual sanctions were studiedly relegated to major economic and societal transformation in the wake of the ravaging conflict with Sendero Luminoso (Shining Path).

An eclectic approach, affording the fullest scope for selection and imaginative adaptation, is the way forward. There is no size that fits all.

By Professor G. L. Peiris



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Opinion

BRICS should step in and resolve Middle East crisis

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Trump and Netanyahu

First, let us see why the war started by Israel and the US against Iran may be seen as a stupid undertaking. Israel was aiming for regional hegemony and US world dominance, which could be called an utterly foolish dream in today’s multipolar world order, which the theatre of war now reveals. They may have underestimated Iran’s capacity and also the economic fallout due to its ability to control the Strait of Hormuz.

In February 2026, reports emerged that General Dan Caine, the U.S. Chairman of the Joint Chiefs of Staff, privately warned President Trump about the significant risks of a major war with Iran, including potential U.S. casualties, depleted ammunition stockpiles and entanglement in a prolonged conflict. However, President Trump publicly dismissed these reports as incorrect. General Caine’s appointment by President Trump was considered controversial, as Caine was chosen over many active-duty four-star generals and lacks experience as a combatant commander or service chief. Under these circumstances Caine would have been expected to be subservient to Trump, yet he opted to disagree as he saw the danger. Trump countered his arguments saying it would be a quick job, take out the leadership, destroy the military structure and the people will take over the country. This did not happen and now most of the scenarios that Caine said was possible are gradually coming true.

Israel suffers damage

For Israel, too, damage is much more than expected and could prove to be decisive in its expansionist ambitions in the region if not its very existence. It had previously tried to drag  former US presidents, Bush, Obama and Biden into a war with Iran, but they were aware of the underlying danger. The Gulf countries too were hit hard and the US could not protect them, and they may be regretting that they ever let the US set up military bases on their soil. Former US secretary of state Henry Kissinger once famously said, “To be America’s enemy is dangerous, to be its friend is fatal”.

The US may have succeeded in making states, such as Iraq, Syria and Libya, fail, but Iran is a different kettle of fish. Trump was jubilant after capturing the Venezuelan president and may have been planning to lay his hands on Cuba and Turkey and then try to annex Canada and Greenland. A man who promised a “no war” policy in his presidential campaign has converted his department of defence into a department of war in the real sense of the term. Trump must realise that he cannot act like a global policeman and undermine the sovereignty of other nations with impunity. Trump says “we have won” but has nothing to show as gains in the Iran war.

Trump’s concern about BRICS

Another factor in the equation is that Trump may have been concerned about the growing influence and membership of BRICS, which in effect appears to be anti-American if one were to go by its attempt to de-dollarise world trade. Of particular concern may have been the recent admission into BRICS, of several countries supposed to be staunch US allies, such as Saudi Arabia, UAE, and Egypt. Iran is an active member and was mending its fences with Saudi Arabia under the mediation of China. Further, two of the arch rivals of the US, China and Russia, are leading members of BRICS, which has become the meeting ground for the friends as well as foes of the US, under the stewardship of China. The US saw all this as a huge challenge to its dominant position in the world and Trump, who was trying to “make America great again”, saw that his dream may go up in smoke. He threatened countries which tried to adopt an alternative to the dollar with sanctions. He may have thought if Iran could be destabilised and structurally broken up, he would be able to kill two birds with one stone. He may have se an enemy of both the US and also its ally Israel and disrupt the BRICS organisation.

The war is affecting the economy of the BRICS countries quite badly. The fuel shortage due to closure of Strait of Hormuz has hit India hard and also China. The economies of the Gulf countries, whose oil is transported via the Persian Gulf and the Gulf of Oman, have also suffered immensely. South Africa, a founding member of BRICS imports oil mainly from the Middle East. Brazil, another founder member, though an exporter of oil, imports refined fuels from the Middle East. A large portion of food requirements also of the Gulf countries come through these sea routes. Thus, the BRICS organisation must be concerned about the consequences of the war if it drags on. It obviously augers ill for the BRICS, and it must act quickly to bring about a ceasefire and an amicable settlement as soon as possible.

Jeffrey Sachs’ opinion

Prof. Jeffrey Sachs, the eminent American economist, has argued that BRICS nations  have a critical responsibility to play a leading role in stopping the war in the Middle East, particularly regarding the escalating conflict between the US/Israel and Iran. He contends that because the US is pursuing “global hegemony” and attempting to control the region, BRICS serves as the only effective “standing bulwark” against American domination.

Sachs has stated that if BRICS countries, particularly India, China, and Russia, stand together and demand an end to the war, “it will actually end”. He has described this collective action as the only way to make the world safe. Arguing that the Middle East conflict is a planned campaign by the US and Israel for regional dominance rather than a defensive action, he has called on BRICS to stop the US from running the world. He warned that a continued conflict, especially one that disrupts energy supplies, will cause enormous economic costs for Asia, Europe, and the US.

Sachs has argued that India should not have joined Quad, as he views Washington as using a “divide and conquer” strategy. He has characterised the BRICS countries as a fast-growing, multipolar bulwark that rejects the notion of a single “emperor” (referring to US influence). Sachs has warned that if the conflict is not stopped, it could lead to World War III and catastrophic regional consequences (India Today).

China and Russia, though rivals of the US, have the economic and military clout to exert pressure on the US. India is a friend of both the US and Israel and could act as a mediator to bring about an end to this meaningless war. Gulf countries, some of whom are BRICS members, could make a strong appeal to their friend and benefactor, the US, to see what its senseless aggression is doing to their countries.

Unity of BRICS essential

As of 2026, the expanded BRICS group (including Brazil, Russia, India, China, South Africa, Egypt, Ethiopia, Iran, Saudi Arabia, UAE, and Indonesia) represents approximately 49% of the world’s population. Moreover, its collective GDP is 35 – 40% of the global GDP when measured in PPP terms, which may be considered as higher compared to G7 countries which record 30%. Thus, BRICS is a force to be reckoned with provided its members stand together. However, they have not been able to do so though it is obvious that it would be beneficial to all of them. Bilateral conflicts within the BRICS, apparently intractable, are preventing any concerted action by these countries. In this regard, as Prof. Sachs says the onus is on China, Russia and India to come together to stop the war, which if allowed to drag on, will irreparably damage the economy and unity of BRICS and worse it would never be possible to attain any of its objectives. It is time the founder members Brazil, Russia, India, China and South Africa got together and review its goals, the need for such an organisation as BRICS, and the present danger it faces and take remedial steps as soon as possible if it is to remain a viable force with the potential to counter the hegemonic imperialist forces.

Further, the BRICS, as it consists of stakeholders of a new world order and also countries directly involved in the Middle East turmoil, may have an important role to play in working out an arrangement that could bring permanent and stable peace to the region. Once the dust settles on the military front, and the futility of war becomes apparent it may be time for the BRICS countries to raise a voice to demand a settlement based on the two-state solution that was adopted by the UN. Though Trump brushed this UN resolution aside and started taking over Gaza, once the war is over and he contemplates the economic cost of it to the US public – it costs US 1 – 2 billion dollars a day –  he may realize the need for a solution acceptable to all. There have been several US presidents who were strong proponents of the two-state solution—an independent Palestinian state alongside Israel—as a core policy goal. Key proponents included George W. Bush (who first formally backed it in 2002), Bill Clinton, Barack Obama, and Joe Biden; they have viewed it as the most viable path to peace.  Israel too after sustaining enormous damage may be forced to agree to a solution, if the US pressures it. Both Trump and Netanyahu, perhaps for personal reasons, wanted a war but they did not expect it to take the turn it has taken. Netanyahu’s days in power may be numbered and Trump may be forced by Republicans to change course as the majority of the US public does not approve of the war.

Therefore, time may be opportune for BRICS to stand together and call for a permanent solution to the Palestinian problem which is at the core of the Middle East conflict. Peace in the Middle East is vital for the further development of BRICS.

by N. A. de S. Amaratunga

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Opinion

Asia Progress Forum calls for immediate national action as Iran war threatens SL stability

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The Asia Progress Forum warns that the recent military attack by the United States and Israel on Iran has triggered a global emergency with severe implications for Sri Lanka’s economy, food security, and social stability.

There appears to have been no serious discussion of the unfolding crisis within government forums. The performance of the administration over the past year demonstrates not a coherent plan to address the structural roots of the crisis, but rather a pattern of adhoc measures designed only to manage its daytoday manifestations. This lack of foresight has left the country dangerously exposed.

The IMF’s Extended Fund Facility (EFF) has not provided a pathway out of our difficulties. Instead, it has exacerbated the suffering of working people through austerity measures, higher taxation, and cuts to essential services. The evidence is clear: this framework does not work for Sri Lanka. It has failed to stabilize the economy, failed to protect livelihoods, and failed to chart a sustainable future.

A Global Shock with Direct Local Consequences

The escalation of conflict in the Gulf imposed by US / Israel coalition on Iran threatens the Strait of Hormuz, through which 20% of global oil, onethird of LNG supplies, and one third of the world’s seaborne fertilizer trades pass. The Asia Progress Forum warns that Sri Lanka will face:

Severe fuel shortages and sharp price spikes

*  Disruptions to shipping routes and global supply chains

*  Inflation exceeding postUkraine war levels

*  Fertiliser shortages threatening the Yala season yields

*  Production slowdowns in tea, garments, and agriculture

*  Transport paralysis affecting buses, lorries, tractors, and harvesters

*  Potential food queues and shortages reminiscent of the 1970s oil shock

*  Risk of starvation among vulnerable households

This is not a distant geopolitical event. It is a direct threat to Sri Lanka’s economic stability, food security, and social cohesion.

National Emergency Plan: Key Measures

The Asia Progress Forum’s plan outlines urgent national, sectoral, and community-level actions.

1. Energy Security

*  Accelerate solar, wind, biomass, minihydro, and villagelevel algae biofuel production

*  Expand fuel storage in Trincomalee, Sapugaskanda, and regional storage complexes

*  Negotiate emergency petroleum supplies with India, Russia, Iran, and ASEAN

*  Build strategic reserves of fuel, fertiliser, and essential commodities

2. Streamlined Transport Services

To keep factories and offices functioning:

*  Mandated carpooling and corporate ridesharing

*  Integrated SLTB–Railway feeder bus network with private buses operationally under SLTB.

*  App/SMS system for bus and van schedules

*  Expanded van services in suburban and rural areas

*  Guaranteed fuel quotas for threewheelers providing essential transport

3. Food & Agriculture Security

*  Immediate establishment of a national rice buffer stock

*  Emergency fertiliser procurement (organic and inorganic)

*  Diversification into vegetables, pulses, and short-duration crops

*  Strengthening village-level grain banks and community storage

*  Expansion of domestic milk powder production using cow, buffalo, and goat milk

4. Protection of Migrant Workers

*  Activation of protocols for evacuation from dangerous situations and repatriation

*  Coordination with Gulf governments and international agencies

*  Reintegration support including housing, employment, and microfinance

5. International Coordination

*  Engagement with UN agencies and Red Cross

*  Diplomatic efforts to keep shipping lanes open

*  New Development Bank (BRICS BANK)/ Asian Infrastructure Investment Bank/ China/ India/ Russia support to buffer economic shocks

*  Regional cooperation through SAARC and BIMSTEC

A Call for Economic Sovereignty

The Forum emphasises that the crisis exposes the fragility of Sri Lanka’s dependence on global markets and IMF-driven austerity. It calls for a decisive shift toward economic sovereignty, including:

*  Self-sufficiency in food and energy

*  Domestic production of fertiliser and fuel alternatives

*  Trade and finance aligned with national priorities

*  Protection of working people from austerity burdens

Economic sovereignty is not isolationism. It is resilience. The government should renegotiate with the IMF regarding repayment of loans as, given the rise in import costs and potential decline in remittance and tourism, Sri Lanka is very unlikely to meet debt servicing expectations.

Community-Level Preparedness

The plan urges households and communities to:

*  Begin home gardening and food preservation

*  Reduce waste and share resources

*  Support local farmers and cooperatives

*  Establish village grain banks

*  Promote school gardens and renewable energy for farming

The Asia Progress Forum warns that Sri Lanka must act immediately to avoid a humanitarian and economic catastrophe. The Forum calls on the government, private sector, civil society, and citizens to work together as the country prepares for a period of global instability. Swift coordinated action can protect lives, livelihoods, and national stability. Sri Lanka must move onto a war footing, a state of maximum readiness, mobilisation, and intense preparation, to face this crisis. Moreover, we must recognise that the centre of gravity of the global economy has shifted to Asia, changing balance of forces of the international order. Sri Lanka must therefore reorient its geoeconomic strategy to align with the Global South.

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Opinion

Nonalignment, neutrality, morality and the national nnterest

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IRIS Dena (R) and torpedo attack on it.

The terms ‘nonalignment’ and ‘neutrality’ are being touted in local and global news due to Sri Lanka’s denial to Iran to dock three of its naval vessels in national harbors for an unplanned ‘goodwill visit’ between 9 and 13 March, and refusal to the United States to land two of its fighters at the civilian airport in Mattala between 4 and 8 March. Intriguingly, both requests were received on the same day, 26 February 2026, just 48 hours prior to the onset of hostilities.

Though Sri Lanka denied permission for the so-called ‘goodwill visit’ its Navy and Airforce rescued over 30 Iranian crew members and recovered over 80 bodies when their ship, the IRIS Dena was sunk by the US Navy and allowed another Iranian ship, the IRIS Bushehr to dock in Trincomalee as it claimed technical difficulties. This was done only after taking the ship under Sri Lankan control, by separating its sailors from the ship and bringing it to Colombo, thereby ensuring it no longer had any offensive military intent.

The Sri Lankan President in a press conference in Colombo on 5 March noted on the Iranian issue, “our position has been to safeguard our neutrality while demonstrating our humanitarian values.” As he further noted, “amidst all this, as a government, we have intervened in a manner that safeguards the reputation and dignity of our country, protects human lives and demonstrates our commitment to international conventions.” Explaining what he meant by neutrality, he noted, “we do not act in a biased manner towards any state, nor do we submit to any state … we firmly believe that this is the most courageous and humanitarian course of action that a state can take.” On the US issue, the President observed in Parliament on 20 March, “they wanted to bring two ​warplanes armed with eight anti-ship missiles from a base in Djibouti” and “we turned down the request to ⁠maintain Sri Lanka’s neutrality.”

In both incidents, in addition to reiterating Sri Lanka’s neutrality, the other point that has been emphasis+ed is Sri Lanka’s long-standing official position of ‘non-alignment.’ As the President noted in his parliamentary speech, “with two requests before us, the decision was clear… we denied both in order to avoid taking sides.” Suddenly, the concepts of neutrality and non-alignment are in the forefront of Sri Lanka’s political discourse after a considerable time, but it has emerged more in a rhetorical sense than at a considered policy position at the level of government thinking and popular acceptance.

I say this because two crucial concepts are missing in these conversations and pronouncements. These are ‘morality’ and ‘national interest’ even though they are irrevocably linked to the previous concepts which would be meaningless if adequate heed is not paid to the latter two. Let me be clear. I agree with Sri Lanka’s position with regard to both incidents and the diplomatic and statesman-like way both were handled. It brought to the fore something on which I have written about in the past. That is, the necessity and the reasonable possibility of smaller states to take clear positions when dealing with powerful countries. Sri Lanka has done so this time.

However, both neutrality and nonalignment cannot be taken out of context merely as terms. They must be situated in a broader historical and political context which can only be done if morality and national interest are not only brought into the equation, but also into policy and the public consciousness. Non-alignment as an international relations concept found its genesis at the time of the Cold War on the basis of which nations, which mostly consisted of former European colonies or what were known collectively at the time as the ‘Third World’, decided not to join major power blocs of the time, i.e. the US and the Soviet Union as well as former imperial centers.

At least, this was the official position and, in this sense, indicated a desire to follow an independent path stressing national sovereignty and national interest, rather than neutrality in the conventional sense. But in practice, even in the heyday of the Nonaligned Movement’s influence in the 1970s, many of its members were very clearly aligned to one or the other of the superpowers based on matters of political necessity and simple survival. The formal dictionary meaning of neutrality is, “not taking sides in a dispute, conflict, or contest, often implying a position of impartiality, independence, or non-participation.” These are the two rhetorical positions Sri Lanka took with regard to both incidents referred to above.

But both decisions should have been more specifically taken, and the local and global discourses emanating from them cautiously guided, based on principles of morality and national interest. These do not contradict nonalignment and neutrality in their general sense. Sri Lanka’s decision to not approve docking or landing rights to both warring countries in this context is correct. But where is morality? It is partly embedded in the President’s stated interest in ensuring no further lives were lost.

What is missing in this moral position however is the clearly articulated fact that the war against Iran by the US and Israel are illegal, immoral and contradicts all applicable international laws and conventions. Sri Lanka’s statements and what is publicly available on the President’s and the Foreign Minister’s reported conversations with Gulf leaders are inconsequential and bland. Despite Iran’s bleak track record when it comes to democracy and human rights within, the country has stood by Sri Lanka during the civil war years supplying weapons when very few states did, and also when Sri Lanka was named and shamed in the circus of the UN’s Human Rights Council for almost two decades. Taking a position regarding the illegality of the war against Iran does not mean Sri Lanka cannot be neutral or non-aligned. It could have still taken the same decision it has already taken. But it would have been able to do so from a moral high ground.

The other reason often given for harping on neutrality and non-alignment is the fear of being reprimanded by the mad men and women currently holding power in the US. But the Republican Party or President Trump are not the Caesars of the Roman Empire. Trump’s term ends in January 2029. The Republican Party is already feeling the negative consequences of the war at home. Given the chaos Trump has brought in, which has added to the cost of living of US citizens, the needless expenditure the war has burdened the US taxpayers with, and the US’s continued marginalisation in the international order, it is very unlikely any of the present practices (note: not policies) will be carried forward in the same nonsensical sense. This is precisely the time to take the moral high ground. If we do, and continue to do so, it will become apparent that we as a nation act upon principles and laws. Such continuity will earn the country respect in the global arena even though not necessarily make us popular. This is a crucial asset small nations must have when dealing with global powers. But this must be earned through consistent practice and not be the result of accidents.

This is also where national interest comes in as a matter of policy. Sri Lanka needs to reiterate not only for the present but also for the future that its decisions are based on national interest. This could include permitting the US or any other country to land or dock in a future conflict if it benefits us in terms of local defense. But such a decision should not be a decision forced upon us. This is not old-school nonalignment or neutrality. Instead, it is about taking a position – not a particular side – in the interest of safeguarding the national interest as a matter of principle and taking the moral high ground in international relations which will ensure both nonalignment and neutrality in a pragmatic and beneficial sense in the long term.

Our leaders and our people need to learn how to be pro-Sri Lankan both in domestic and global matters as a national operational principle.

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