Features
UNHRC Resolution 40/1 and International Law
By Neville Ladduwahetty
During the recent committee state debates in Parliament on the financial vote of the Ministry of Foreign Relations, exception was taken by MP M. A. Sumanthiran for the decision the by the government to withdraw from co-sponsorship of Resolution 30/1 via 40/1, and went on to warn the government of inevitable consequences for withdrawing from international commitments.
Certainly, there are consequences if a sovereign State withdraws from international commitments on some whimsical pretext. In order to prevent such outcomes, the international community has developed international laws to discourage States from acting irresponsibly. If such restrictions do not exist, any accredited Officer of a State could jeopardize the interests of his State by undertaking commitments without following or even in contravention of internally formulated procedures of the State concerned. Under such circumstances, the international law provides for sovereign States to withdraw from commitments made by irresponsible members of such a State under provisions of Article 46 of the 1969 Vienna Convention on the Law of Treaties.
VIOLATION of DUE PROCESS
During the course of his address to the Human Rights Council on February 26, 2020, Sri Lanka’s Minister of Foreign Relations Dinesh Gunawardena stated: “Procedurally, in co-sponsoring Resolution 30/1, the previous government violated all democratic principles of governance – it declared support for the resolution even before the draft text was presented – it sought no Cabinet approval to bind the country to deliver on the dictates of an international body – there was no reference to Parliament on the process, undertakings and repercussions of such co-sponsorship – more importantly the Resolution itself included provisions which are undeliverable due to its inherent illegality, being in violation of the constitution, the supreme law of the country”.
The draft text referred to above is reported to have been prepared in the USA. As for the final text, former Minister Mangala Samaraweera is reported to have admitted that “the final text of the resolution was largely negotiated over the telephone with the President … the Prime Minister … and the Ambassador of the US and the High Commissioner of the UK.” (The Island, February 29, 2020). One cannot expect the latter two participants involved in the “negotiations” finalizing the draft to be aware of the impact of their deliberations on Sri Lanka’s Constitution, or whether any of its provisions were “deliverable”. On the other hand, the others who participated in finalizing the draft had done so regardless of its impact on the Constitution, without any heed to the oath they had taken to “uphold and defend the Constitution”. What fate awaits them for their treachery only time will tell” (The Island, “Fundamental Rights, Human Rights and other rights”, March 4, 2020).
If international law did not protect sovereign States from commitments made by treacherous and unscrupulous individuals the entire international order would be in chaos. It is to prevent such disaster that the international community incorporated Article 46 in the text of the Vienna Convention on the Law of Treaties 1969. Despite this provision, for some to keep repeating that international commitments should be upheld no matter the circumstances under which the commitment was made, calls into question the scruples of the individuals concerned.
Article 46 states: “A State may not invoke the fact that its consent to be bound by a treaty has been expressed in violation of a provision of its internal law regarding competence to conclude treaties as invalidating its consent unless that violation was manifest and concerned a rule of its internal law of fundamental importance”. Thus, since a Constitution is the most basic of a State’s “internal law of fundamental importance”, a State has the grounds to invalidate its commitments whether to the UNHRC or any other. Although this depends on whether a Resolution of the UN Human Rights Council reaches the status of a Treaty or not, no sovereign State should be expected to fulfill any commitment undertaken in violation of its Constitution since it forms the law of “fundamental importance” of its Peoples.
The fact that the infamous resolution that was co-sponsored by Sri Lanka violated Sri Lanka’s Constitution was conveyed in unambiguous terms to the Human Rights Council in March 2019 by the then Foreign Minister Tilak Marapana.
In the course of his statement he stated: “In referring to para 68 (C) of the OHCHR Report (A/HRC/40/23), which pertains to the Recommendations to GOSL, ‘to adopt legislation establishing a hybrid court to investigate allegation of violating and abuses of international law and violations of international humanitarian law’, I wish to make it clear that our position on this matter is as follows’:
“The Government of Sri Lanka at the highest political levels, has both publicly and in discussions with the present and former High Commissioner for Human Rights and other interlocutors, explained the constitutional and legal challenges that preclude it from including non-citizens in its judicial processes. It has been explained that if non-citizen judges are to be appointed in such a process, it will not be possible without an amendment to the Constitution by 2/3 of members of the Parliament voting in favour and also the approval of the people at a referendum”.
Having co-sponsored the UNHRC Resolution in 2015, the Consultation Task Force on Reconciliation Mechanisms appointed in January 2016 by the then Prime Minister also recommended a hybrid Court as stated in paragraph 24 cited below.
“The CTF recommends a hybrid Court with a majority of national judges as well as a sufficient number of international judges. This will ensure at least one international judge per bench and pre-empt delays due to the absence of one or more judges. It also recommends international participation in the Office of the Special Counsel of prosecutors and investigators, in addition to the provision of technical assistance. There should be clear guidelines and criteria spelt out and made public in respect of all aspects of international participation. International participation should be phased out once trust and confidence in domestic mechanisms are established and when the required expertise and capacity has been built up, nationally.”
Considering the legal and academic background of the persons who were involved in the Task Force it is a matter of deep concern that they too recommended mechanisms, either unaware or despite being aware, that the mechanisms involve serious constitutional and legal challenges. The image projected internationally by such irresponsibility reflects poorly on the country.
Under the circumstances, the only option open to any responsible government is to withdraw from undertakings that had been made by irresponsible persons who unwittingly or knowingly committed the country to fulfilling obligations that violate the country’s internal laws of fundamental importance.
CONCLUSION
The material presented above is not a lesson on international law. It is a lesson nevertheless that responsible persons should be aware of whether in Parliament or outside. The lesson is that although sovereign States are obligated to meet international commitments made on behalf of the State, international law also provides for States to withdraw from such obligations whenever commitments made by irresponsible persons impact on the “internal law of fundamental importance”. Such relief is provided in the Vienna Convention on the Law of Treaties 1969. If such provisions do not exist in international law, unscrupulous persons would be able to commit sovereign States to undertakings that would work against the interests of the State concerned.
However, a new lesson was introduced by Mr. Sumanthiran during the committee stage debates in Parliament. His lesson in history was that there were three kingdoms in the island and each of them fell at different times to the Western powers. If the reason for bring up such an issue was with the expectation that the national question should be based on historical underpinnings, claimants of other kingdoms would insist on going back to long periods of history when the island was a single kingdom for millennia. The lesson to be learnt is that such claims defy pragmatic realism. Therefore, the hope for all concerned is to improve on the institutions and practices, and continue with the political and administrative arrangements for a single sovereign State that were introduced by the West. To hope for anything more would only end up in mourning our dead.
Features
The silent crisis: A humanitarian plea for Sri Lankan healthcare
As a clinician whose journey in medicine began from the lecture halls of the Colombo Medical Faculty, in 1965, and then matured through securing the coveted MBBS(Ceylon) degree in 1970, followed by a further kaleidoscopic journey down the specialist corridors, from 1978 onwards, I have witnessed the remarkable evolution of healthcare in Sri Lanka. I have seen the admirable resolve of a nation that managed to offer free healthcare, at the point of delivery, to all its citizens, and I have seen many a battle being fought to bring state-of-the-art treatments for the benefit of sick patients, even despite some of the initial scepticism on the part of some.
However, as we now try to navigate the turbulent waters of 2026, I find myself compelled to speak even impulsively. This is not a mission of fault-finding, or a manifestation of a desire to “ruffle feathers,” for the sake of fanning a fire. Rather, it is a reflection offered in good faith, born from the “Spirit of an Enthusiast” who has seen both the brickbats as well as the accolades bestowed on our profession. My goal is relatively simple: which is to bring to light the silent, sometimes extremely difficult, situations faced by patients, doctors, and relatives, and to urge for a compassionate and collective solution to a crisis that threatens the very foundation of the care we provide.
The Generic Gamble: The Lament of the Ward
The cornerstone of our health service has always been the provision of free medicine to all who come to our state medical facilities. For decades, the “generic-only” policy served as a vital safety net. But, today, that net is fraying, not just at the edges but virtually as a whole. In our hospital wards, the clinician’s heart sinks when a patient fails to respond to a standard course of treatment.
We are increasingly haunted by the fancy terminology, “Quality Failure”, as alerts on medicinal drugs. When an anti-infective medicine lacks the potency to clear an infection, or when a poor-quality generic drug fails to stabilise the circulation of a little gasping child who is fighting for his life, the treating doctor is left in a state of agonising clinical despair. It is a profound lament to realise that while the medicine is “available” on the shelf, its efficacy remains as a question mark. The “free health service” becomes tragically and obstinately expensive when it leads to prolonged hospital stays, complications, or, in the worst cases, even the loss of a life that could have been saved with a more reliable formulation of an essential medicine. We must acknowledge that a cheap drug that does not work is the most expensive drug of all. For the doctor, this turns every prescription into a calculated risk, a far cry from the “best possible care” we were trained to deliver. These situations are certainly not the whims of fancy of a wandering mind, but real-time occurrences in our health service.
The Vanishing Innovators and the Small Market Reality
In the private sector, the situation is equally dire, though the causes are different. We must face a hard truth: Sri Lanka is a comparatively small market in the global pharmaceutical landscape. For the world’s leading manufacturers of proven, branded medicines and vaccines, our island is often a small, rather peripheral, consideration.
When the National Medicines Regulatory Authority (NMRA) fixes prices at levels that do not even cover the “Cost, Insurance, and Freight” (CIF) value, let alone the massive research and development costs of these innovator drugs, these companies inevitably reach a breaking point. They do not “bail out” through a lack of compassion, but do so even reluctantly sometimes, because they simply cannot sustain their operations at a loss.
Over the last few years, we have watched in silence as reputable international companies have closed their shops and departed our shores. With them have gone some of the vaccines that provided a lifetime of immunity, and the so-called branded drugs that offered predictable, life-saving results. When these “Gold Standards” vanish, the void is often filled by products from regions with lower regulatory oversight, leaving the patient with no choice but to settle for what is available or just what is left.
The Shadow Economy of “Baggage Medicines”
Perhaps the most heartbreaking symptom of this broken system is the rise of the “baggage medicine” market. Walk into any major private hospital today, and you will hear the whispered conversations of relatives trying to source drugs from abroad, in a clandestine manner.
Reputed branded drugs are being brought into the country in the suitcases of international travellers. While these relatives are acting out of pure, desperate love, the medical risks are astronomical. These medicines sometimes bypass the essential “Cold Chain” requirements for temperature-sensitive products like insulin or specialised vaccines. There is no way to verify if the drug in the suitcase is genuinely effective, or if it has been rendered inert by the heat of a cargo hold of an aircraft.
As a physician, it is an agonising dilemma: do I administer a drug brought in a suitcase to save a life, knowing very well that I cannot certify its safety? We are forcing our citizens into a shadow economy of survival, stripped of the protections a modern regulatory body should provide.
The Unavoidable Storm: Geopolitical Shocks
Adding to this internal struggle is the current unrest in the Middle East. As of March 2026, the escalation of conflict has sent shockwaves through global supply chains. With major maritime routes, like the Strait of Hormuz effectively halted and air cargo capacity from Middle Eastern hubs, like Dubai, slashed by over 50%, the cost of transporting medicine has become a moving target.
* Skyrocketing Logistics: Freight surcharges and war-risk insurance premiums have added “unavoidable costs” that simply cannot be absorbed by local importers under a rigid price cap.
* Delayed Transport is delayed healing:
Shipments rerouted around the Cape of Good Hope add weeks to delivery times, leading to stockouts of even the most basic medical consumables.
These are global forces beyond our control, but our regulatory response must be agile enough to recognise them. If we ignore these external costs, we are not just controlling prices; we are ensuring that the medicine never arrives at all.
The Rights of Patients Seeking Private Healthcare
Whatever the reason for patients seeking private healthcare, all of us have an abiding duty to respect their wishes. It is their unquestionable right to have access to drugs and vaccines of proven high quality, if they decide to go into Private Fee-levying Healthcare. This is particularly relevant to the immunisation of children. Sometimes the child receives the first dose of a given vaccine in a Private Hospital, but when he or she is taken for the second dose, that particular vaccine is not available, and they are not able to tell the parents when it would be available as well.
Some of the abiding problems, associated with immunisation of children and adults in the Private Sector, were graphically outlined at the Annual General Meeting of the Vaccines and Infectious Diseases Forum of Sri Lanka, held on the 10th of March, 2026. This needs to be attended to as a significant proportion of vaccines are administered to patients, both children and adults, in the Private Sector.
In other cases, the drug or drugs of proven quality is or are not available in the Private Sector as the company, or importing authority, has wound up the operations in our country due to their inability to sustain the operations, resulting from factors entirely beyond their control. Let us face it, the current pharmaceutical industry is significantly profit-oriented, and they will continue to operate only in countries where their profit margins are quite lucrative.
A Humane Call to All Stakeholders
The current scenario is a shared burden, and it requires a shared, compassionate solution. We must look at this, not through the lens of policy or profit, but through the eyes of the patient waiting in the clinic or in the ward.
* To the Ministry of Health and the NMRA:
We recognise the extremely difficult task of balancing affordability with quality. However, we urge a “Middle Path.” We need a dynamic pricing mechanism that reflects the reality of global trade logistics and the unique challenges of a relatively smaller market. Let us prioritise the restoration of “Quality Assurance” as the primary mandate, ensuring that every generic drug in the state sector is as reliable as the branded ones we have lost. To be able to provide such an abiding certificate of good quality, we need a fully-equipped state-of-the-art laboratory.
* To the Private Sector and Importers:
We ask you to remain committed to the people of Sri Lanka. Your role is not just commercial; it is a vital part of the national health infrastructure. A transparent dialogue with the regulator is essential to prevent more companies from leaving.
* To our Patients and their Families:
We hear your lamentations. We see the struggle in your eyes when a drug is unavailable or when you are forced to seek alternatives from abroad. We respect your right to seek the best possible treatment, and we are advocating for a system that honours that choice legally and safely.
Finally, the Spirit of Care
In the twilight of my career, I look back at my work and the thousands of patients I have treated. The “Spirit of an Enthusiast” is certainly not one of resignation, but of persistent hope. We have the clinical talent and the commitment of our healthcare professionals, we have the history of a strong health service, and we have a populace that deserves the best. For us, in this beautiful land, hope springs eternal.
Let us stop the “baggage medicine” culture. Let us invite the innovators back to our shores by treating them as partners in health, not just as vendors. Let us also ensure that our state-sector generics are beyond reproach.
This is a mission to find a way forward. For the sake of the child in the ward, the elderly patient in the clinic, and the integrity of the medical profession. We desperately need to act now, together, hand in hand, and with a pulsating heart of concern, for the entire humanity we are committed to serve.
by Dr B. J. C. Perera
MBBS(Cey), DCH(Cey), DCH(Eng), MD(Paediatrics), MRCP(UK), FRCP(Edin),
FRCP(Lond), FRCPCH(UK), FSLCPaed, FCCP, Hony. FRCPCH(UK), Hony. FCGP(SL)
Specialist Consultant Paediatrician and Honorary Senior Fellow,
Postgraduate Institute of Medicine, University of Colombo, Sri Lanka.
Features
Social and political aspects of Buddhism in a colonial context
I was recently given several books dealing with religion, and, instead of looking at questions of church union in current times, I turned first to Buddhism in the 19th century. Called Locations of Buddhism: Colonialism and Modernity in Sri Lanka, the book is a study by an American scholar, Anne M Blackburn, about developments in Buddhism during colonial rule. It focuses on the contribution of Ven. Hikkaduwe Sri Sumangala who was perhaps the most venerated monk in the latter part of the 19th century.
Hikkaduwe, as she calls Ven. Sumangala through the book, is best known as the founder of the Vidyodaya Pirivena, which was elevated to university statues in the fifties of this century, and renamed the University of Sri Jayewardenepura in the seventies. My work in the few years I was there was in the Sumangala Building, though I knew little about the learned monk who gave it its name.
He is also renowned for having participated in the Panadura debates against Christians, and having contributed to the comparative success of the Buddhist cause. It is said that Colonel Olcott came to Sri Lanka after having read a report of one of the debates, and, over the years, Ven. Sumangala collaborated with him, in particular with regard to the development of secondary schools. At the same time, he was wary of Olcott’s gung ho approach, as later he was wary of the Anagarika Dharmapala, who had no fear of rousing controversy, his own approach being moderate and conciliatory.
While he understood the need for a modern education for Buddhist youngsters, which Olcott promoted, free of possible influences to convert which the Christian schools exercised, he was also deeply concerned with preserving traditional learning. Thus, he ensured that in the pirivena subjects such as astrology and medicine were studied with a focus on established indigenous systems. Blackburn’s account of how he leveraged government funding given the prevailing desire to promote oriental studies while emphatically preserving local values and culture is masterly study of a diplomat dedicated to his patriotic concerns.
He was, indeed, a consummately skilled diplomat in that Blackburn shows very clearly how he satisfied the inclinations of the laymen who were able to fund his various initiatives. He managed to work with both laymen and monks of different castes, despite the caste rivalry that could become intense at times. At the same time, he made no bones about his own commitment to the primacy of the Goigama caste, and the exclusiveness of the Malwatte and Asgiriya Chapters.
What I knew nothing at all about was his deep commitment to internationalism, and his efforts to promote collaboration between Ceylon Lanka and the Theravada countries of South East Asia. One reason for this was that he felt the need for an authoritative leader, which Ceylon had lost when its monarchy was abolished by the British. Someone who could moderate disputes amongst monks, as to both doctrine and practice, seemed to him essential in a context in which there were multiple dispute in Ceylon.
Given that Britain got rid of the Burmese monarchy and France emasculated the Cambodian one, with both of which he also maintained contacts, it was Thailand to which he turned, and there are records of close links with both the Thai priesthood and the monarchy. But in the end the Thai King felt there was no point in taking on the British, so that effort did not succeed.
That the Thai King, the famous Chulalongkorn, did not respond positively to the pleas from Ceylon may well have been because of his desire not to tread on British toes, at a time when Thailand preserved its independence, the only country in Asia to do so without overwhelming British interventions, as happened for instance in Nepal and Afghanistan, which also preserved their own monarchies. But it could also have been connected with the snub he was subject to when he visited the Temple of the Tooth, and was not permitted to touch the Tooth Relic, which he knew had been permitted to others.
The casket was taken away when he leaned towards it by the nobleman in charge, a Panabokke, who was not the Diyawadana Nilame of the day. He may have been entrusted with dealing with the King, as a tough customer. Blackburn suggests it is possible the snub was carefully thought out, since the Kandyan nobility had no fondness for the low country intercourse with foreign royalty, which seemed designed to take away from their own primacy with regard to Buddhism. The fact that they continued subservient to the British was of no consequence to them, since they had a façade of authority.
The detailed account of this disappointment should not, however, take away from Ven. Sumangala’s achievement, and his primacy in the country following his being chosen as the Chief Priest for Adam’s Peak, at the age of 37, which placed him in every sense at the pinnacle of Buddhism in Ceylon. Blackburn makes very clear the enormous respect in which he was held, partly arising from his efforts to order ancient documents pertaining to the rules for the Sangha, and ensure they were followed, and makes clear his dominant position for several decades, and that it was well deserved.
by Prof. Rajiva Wijesinha
Features
Achievements of the Hunduwa!
Attempting to bask in the glory of the past serves no purpose, some may argue supporting the contention of modern educationists who are advocating against the compulsory teaching of history to our youth. Even the history they want to teach, apparently, is more to do with the formation of the earth than the achievements of our ancestors! Ruminating over the thought-provoking editorial “From ‘Granary of the East’ to a mere hunduwa” (The Island, 5th March), I wished I was taught more of our history in my schooldays. In fact, I have been spending most of my spare time watching, on YouTube, the excellent series “Unlimited History”, conducted by Nuwan Jude Liyanage, wherein Prof. Raj Somadeva challenges some of the long-held beliefs, based on archaeological findings, whilst emphasising on the great achievements of the past.
Surely, this little drop in the Indian ocean performed well beyond its size to have gained international recognition way back in history. Pliny the Elder, the first-century Roman historian, therefore, represented Ceylon larger than it is, in his map of the world. Clicking on (https://awmc.unc.edu/2025/02/10/interactive-map-the-geography-of-pliny-the-elder/) “Interactive Map: The Geography of Pliny the Elder” in the website of the Ancient World Mapping Centre at the University of North Carolina at Chappel Hill, this is the reference to Anuradhapura, our first capital:
“The ancient capital of Sri Lanka from the fourth century BCE to the 11th century CE. It was recorded under the name Anourogrammon by Ptolemy, who notes its primary political status (Basileion). It has sometimes been argued that a “Palaesimundum” mentioned by Pliny in retelling the story of a Sri Lankan Embassy to the emperor Claudius is also to be identified with Anourogrammon. A large number of numismatic finds from many periods have been reported in the vicinity.”
Ptolemy, referred to above, is the mathematician and astronomer of Greek descent born in Alexandria, Egypt, around 100 CE, who was well known for his geocentric model of the universe, till it was disproved 15 centuries later, by Copernicus with his heliocentric model.
It is no surprise that Anuradhapura deservedly got early international recognition as Ruwanwelisaya, built by King Dutugemunu in 140 BCE, was the seventh tallest building in the ancient world, perhaps, being second only to the Great Pyramids of Giza, at the time of construction. It was overtaken by Jetawanaramaya, built by King Mahasena around 301 CE, which became the third tallest building in the ancient world and still holds the record for the largest Stupa ever built, rising to a height of 400 feet and made using 93.3 million baked mud bricks. Justin Calderon, writing for CNN travel under the heading “The massive megastructure built for eternity and still standing 1,700 years later” (https://edition.cnn.com/travel/jetavanaramaya-sri-lanka-megastructure-anuradhapura) concludes his very informative piece as follows:
“Jetavanaramaya stands today as evidence of an ancient society capable of organising labour, materials and engineering knowledge on a scale that rivalled any civilisation of its time.
That it remains relatively unknown beyond Sri Lanka may be one of history’s great oversights — a reminder that some of the ancient world’s most extraordinary achievements were not carved in stone, but shaped from earth, devotion and human ingenuity.”
Extraordinary achievements of our ancestors are not limited to Stupas alone. As mentioned in the said editorial, our country was once the Granary of the East though our present leader equated it to the smallest measure of rice! Our canal systems with the gradient of an inch over a mile stand testimony to engineering ingenuity of our ancestors. When modern engineers designed the sluice gate of Maduru Oya, they were pleasantly surprised to find the ancient sluice gates designed by our ancestors, without all their technical knowhow, in the identical spot.
Coming to modern times, though we vilify J. R. Jayewardene for some of his misdeeds later in his political career, he should be credited with changing world history with his famous speech advocating non-violence and forgiveness, quoting the words of the Buddha, at the San Francisco Conference in 1945. Japan is eternally grateful for the part JR played in readmitting Japan to the international community, gifting Rupavahini and Sri Jayewardenepura Hospital. Although we have forgotten the good JR did, there is a red marble monument in the gardens of the Great Buddha (Daibutsu) in Kamakura, Japan with Buddha’s words and JR’s signature.
It cannot be forgotten that we are the only country in the world that was able to comprehensively defeat a terrorist group, which many experts opined were invincible. Services rendered by the Rajapaksa brothers, Mahinda and Gotabaya, should be honoured though they are much reviled now, for their subsequent political misdeeds. Though Gen-Z and the following obviously have no recollections, it is still fresh in the minds of the older generation the trauma we went through.
It is to the credit of the democratic process we uphold, that the other terrorist group that heaped so much of misery on the populace and did immense damage to the infrastructure, is today in government.
As mentioned in the editorial, it is because Lee Kuan Yew did not have a ‘hundu’ mentality that Singapore is what it is today. He once famously said that he wanted to make a Ceylon out of Singapore!
Let our children learn the glories of our past and be proud to be Sri Lankan. Then only they can become productive citizens who work towards a better future. Resilience is in our genes and let us facilitate our youth to be confident, so that they may prove our politicians wrong; ours may be a small country but we are not ‘hundu’!
By Dr Upul Wijayawardhana
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