Features
UNHRC’s repeated resolutions without resolution
by Neville Ladduwahetty
September is the month when the UN Human Rights Council presents its latest Resolution on Sri Lanka. It is reported that the latest version has graduated from violations of human rights and international humanitarian law to include violations of “economic crimes”. Whatever the scope of the Resolution, the dogged fact remains that every sovereign country is compelled to function within the provisions of its own Constitution, because it is the fundamental law as recognized by the Vienna Convention; a fact unequivocally stated by the President and Foreign Minister of this Government, and repeated earlier by previous governments. This fundamental fact was the rationale for rejecting the former co-sponsored Resolution UNHRC 30/1. Therefore, if the UNHRC is serious about its Resolutions, it has to start with Sri Lanka’s Constitution. Incorporating provisions in Resolutions beyond the provisions of the Constitution become a meaningless and distracting exercise for all concerned, without Resolution.
Chapter III of the Constitution of Sri Lanka is titled “Fundamental Rights”. Under Fundamental Rights, there are NO provisions that address “violations of human rights and violations of international humanitarian law”, nor is there any provision for “economic crimes”. The only provision that is of relevance is under Article 13, and in particular 13 (6) on Fundamental Rights.
This Article 13 (1) states: “No person shall be held guilty of an offence on account of any act or omission which did not, at the time of such act or omission constitute such an offence, and no penalty shall be imposed for any offence more severe than the penalty in force at the time such offence was committed”.
If a person is “guilty of an offence”, the punishment for such an offence should be as contained in Sri Lanka’s Penal Code.
THE PENAL CODE
CHAPTER I
Paragraph 2 (1) of the Penal Code states: “Every person shall be liable to punishment under this Code, and not otherwise, for every act or omission contrary to the provisions thereof, of which he shall be guilty within Sri Lanka.
CHAPTER II
GENERAL EXPLANATIONS
Paragraph 5 states: “Throughout this Code every definition of an offence, every penal provision, and every illustration of every such definition or penal provision shall be understood subject to the exceptions contained in Chapter IV, “General Exceptions”, though these exceptions are not repeated in such definition, penal provision, or illustration”.
ESTABLISHING GUILT
Therefore, any person “guilty of an offence” should conform to the definition stated in the Penal Code of Sri Lanka. However, the Constitution under the second paragraph of Article 13 (6) states: “Nothing in this article shall prejudice the trial and punishment of any person for an acct or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations”.
This means that even if a person is NOT guilty of an offence under the Penal Code, he/she could be guilty of a criminal act under provisions “of law recognized by the community of nations”. The issue then resolves itself into identifying the relevant instruments that contain the “general principles of law” to establish guilt for acts that are recognized by the community of nations.
Therefore, under provisions of the Constitution a person could be found guilty of an offence either under provisions of the Penal Code or under provisions contained in instruments of law recognized by the community of nations.
INSTRUMENTS REGOGNIZED by the COMMUNITY of NATIONS
The context for determining whether an offence was committed or not should be based on the acknowledged fact that conflict was an Armed Conflict and therefore the applicable law is International Humanitarian Law; a fact acknowledged by the representatives of the LTTE to the European Court. Furthermore, since the conflict was a Non-International Armed Conflict the applicable legal framework is the Additional Protocol II of 1977. This Protocol is an extension of Common Article 3 of the Geneva Conventions. Although Sri Lanka has not formally ratified Protocol II, it is today accepted as an instrument of international customary law accepted by the community of nations.
Therefore, any questions of guilt for offences committed during the Armed Conflict should either be based on provisions of the Penal Code or procedures laid out in Article 6. “Penal prosecution” of Additional Protocol II. Part II of the Additional Protocol Paragraphs 2 (a) to (h) and 3 (a) to (c) specify what constitutes violations that ‘shall remain prohibited at any time and in any place whatsoever”.
NATIONAL LAWS COMPLEMENTTARY to INTERNATIONAL LAWS
Domestic Laws should take primacy over provisions of international law as recognized by the Rome Statute in its Preamble that states: “Emphasizing that the International Criminal Court established under the Statute shall be complementary to national criminal jurisprudence”. Endorsing the principle of complementarity, Justice A.R.B. Amerasinghe states: “The ultimate goal of international norm-setting is their full and effective implementation through domestic procedures without the need for recourse to international mechanisms. In fact, access to international mechanisms is usually limited and may be resorted to only if domestic mechanisms are not available or inadequate…. The effective protection of human rights depends in the first instance upon national courts, legislatures, and public officers, and only in the last resort upon the international machinery and fora” (Amerasinghe, “Our Fundamental Rights of Personal Security and Physical Liberty” p. 2)
Therefore, it is only in instances where acts committed that cannot be categorized as violations under the Penal Code, that provisions contained in Additional Protocol II under Article 6: “Penal prosecution” should be followed.
Article 6: Penal prosecutions
1. “This Article applies to the prosecution and punishment of criminal offences related to the armed conflict”.
2. “No sentence shall be passed and no penalty shall be executed on a person found guilty of an offence except pursuant to a conviction pronounced by a court offering the essential guarantees of independence and impartiality”. In particular:
(a) “The procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged against him and shall afford the accused before and during his trial all necessary rights and means of defence”;
(b) “No one shall be convicted of an offence except on the basis of individual penal responsibility”;
(c) “No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under the law, at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby”;
(d) “Anyone charged with an offence is presumed innocent until proved guilty according to law”;
(e) Anyone charged with an offence shall have the right to be tried in his presence”;
(f) “No one shall be compelled to testify against himself or to confess guilt”.
3. “A convicted person shall be advised on conviction of his judicial and other remedies and of the time-limits within which they may be exercised”.
4. “The death penalty shall not be pronounced on persons who were under the age of eighteen years at the time of the offence and shall not be carried out on pregnant women or mothers of young children”.
5. “At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to persons who have participated in the armed conflict, or those deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained”.
Article 25 (2) of the Rome Statute states: “A person who commits within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with the Statute”
The material presented relating to Penal prosecutions contained in the Additional Protocol II and the Rome Statue clearly establish that the procedures that should be followed to establish guilt SHOULD be based on “individual penal responsibility”.
Furthermore, since guilt is based on “individual penal responsibility” Command Responsibility is not recognized either by Protocol II or the Rome Statute.
Under the circumstances blacklisting entire fighting divisions reflects ignorance of International Humanitarian Law applicable to Non-International Armed Conflict.
However, since the Protocol II does not specify what the punishment should be for the offences committed, punishment for such should be guided by provisions in Sri Lanka’s Penal Code. This is in keeping with the recognized principle of complementarity that recognizes the primacy of national laws that complement international laws.
DOMESTIC MECHANISM
During the course of the Foreign Minister Ali Sabry’s address, at the 51st Secession of the UN Human Rights Council, he stated: “We endeavor to establish a credible truth-seeking mechanism within the framework of the Constitution. The contours of a model that would suit the particular conditions of Sri Lanka are under discussion”. When the Minister of Justice, Prison Affairs and Constitutional Reforms, Dr. Wijeyedasa Rajapakse, was asked by the Sunday Observer “about the possibility of the international mechanism coming with hybrid Courts to address war crimes in Sri Lanka, he is reported to have stated: “It is likely. That is why we are going to propose the setting up of a domestic truth-seeking mechanism with special courts that can respond to rights violation cases involving the LTTE and the military. We are currently discussing the situation with countries such as the US, China, UK, and the European Union to promote the domestic mechanism.” (Sunday Observer, September 18, 2022).
Establishing the “Truth” by means of a truth-seeking domestic mechanism depends on the degree of certainty of evidence presented. Such degrees of certainty are needed whether “truth” is established by existing provisions or by fresh domestic mechanisms. However, the intention to set up “special courts” that could respond to violations by the LTTE or the military would then have to function alongside existing High Courts that are in place under the 13th Amendment to the Constitution that are mandated to address violations specified in the Penal Code. Whether such an arrangement is constitutionally acceptable or not is a matter that needs to be explored.
It is apparent from these comments that the reason to endeavor the setting up a “domestic truth-seeking mechanism with special courts” is to satisfy US, China, UK and the European Union with whom Sri Lanka is having discussions, that Sri Lanka is serious about addressing possible human rights law and humanitarian law violations that could have occurred during the Armed Conflict. During these discussions it would make a significant difference to these discussions if Sri Lanka makes them aware of the outstanding determinations made by the Supreme Court of Sri Lanka relating to Human Rights violations.
The fact that the UNHRC and the Core Group backed by local entities seem to be ignorant of such determinations by the Supreme Court of Sri Lanka, and the fact that the scope of national laws complemented by international laws do already exist and have the capacity to address alleged violations, is because Sri Lanka has made no attempt to present them. This may also be the possible reason for demanding hybrid courts to address violations, if any, that may have occurred during the armed conflict.
EXISTING DOMESTIC MECHANISMS to ADDRESS VIOLATIONS
Article 154P (1) of the 13th Amendment to the Constitution states: “There shall be a High Court for each Province …Each such High Court shall be designated as the High Court of the relevant Province”.
Article 154P (6) of the 13th Amendment states: “Subject to the provisions of the Constitution and any law, any person aggrieved by a final order, judgment or sentence of any such Court in the exercise of its jurisdiction under paragraph (3) (b) or (3) (c) or (4) may appeal therefrom to the Court of Appeal in accordance with Article 138”.
In addition to such avenues to pursue the interests of aggrieved parties relating to investigations such persons could lodge a complaint with Sri Lanka’s Human Rights Council under provisions of Part II “POWERS OF INVESTIGATION” of the Human Rights Commission of Sri Lanka Act, No. 21 of 1996, PART II POWERS OF INVESTIGATION OF THE COMMISSION.
Paragraph 14 of the above Act states: “The Commission may, on its own motion or on a complaint made to it by an aggrieved person or group of persons or a person acting on behalf of an aggrieved person or a group of persons, investigate an allegation at the infringement or imminent infringement of a fundamental right of such person or group of persons caused”.
It is therefore crystal clear that provisions currently exist between provisions in the 13th Amendment to the Constitution and the remit of the Sri Lanka’s Human Rights Commission for an aggrieved party to seek redress in relation to serious violations. One such landmark judgment given by the Court of Appeal relating to Disappearances is given below, in order to demonstrate that the existing jurisprudence is sufficient to address issues relating to serious violations.
DISAPPEARANCES
K. LEEDA VIOLET AND OTHERS V T.P. VIDANAPATHIRANA AND OTHERS H.C.A.164/89, H.C.A.171/89 AND H.C.A.166/89 DECIDED ON 2 DECEMBER 1994.
S.N.SILVA.J. PRESIDENT OF THE COURT OF APPEAL
“In HCA 164/89 the Petitioner Leeda Violet, being the mother of the corpus, Y. Wimalpala, father of the corpus and T. Lilinona gave in support of the petition. According to their evidence the corpus, being the eldest son of the Petitioner and her husband Wimalpala, was 26 years of age at the time of his arrest…. At about 4.30 p.m. a party of police officers came in several vehicles. Thereafter he (the officer in-charge) arrested the persons who were near the shop selling fishing gear. Some persons who were on the beach were also arrested… Those arrested were asked to kneel on the road. Thereafter the 1st Respondent asked those persons to get into the vehicles and took them to the Dikwella Police Station. It is stated that about 30 persons were arrested. The Petitioners in HCA 164/89 and HCA 171/89 followed the police vehicles and went up to the Police Station”.
The final paragraph of the judgment states: “The Petitioners filed these applications in April 1989. There were initial hearings before this Court and protracted inquiries before the Magistrate Court. Thereafter the cases were adjourned for further hearing before this Court. It is obvious that the Petitioners have incurred heavy expenditure in these proceedings. They have boldly pursued these applications, which is commendable conduct considering that the 1st Respondent continues to hold office…. Several applications with regard to other disappearances reported from the same place have been dismissed for non-prosecution. In these circumstances as a measure of exemplary costs, I direct that the Respondent to pay each petitioner in the above application a sum of Rs. 100,000/= as exemplary costs…. Also direct the Registrar of this Court to forward copies of the proceedings recorded in the Magistrate’s Court to the Inspector General of Police who is hereby directed to consider the evidence recorded as information of the commission of cognizable offences. He will take necessary steps to conduct proper investigations and to take steps according to the law…” (A.R.B Amerasinghe, Ibid p. 336-340)
TORTURE
On the topic of Torture, Cruel, Inhuman, Degrading Treatment or Punishment, Justice Amerasinghe in the book cited above states: “The Supreme Court of Sri Lanka has over and over again emphasized that even persons whose records are not particularly meritorious should enjoy the Constitutional Guarantee of personal liberty and security and that even ‘notorious’ or hard core criminals should not be subject to torture, inhuman or degrading treatment or punishment” (Ibid, p. 29).
THE QUESTION of PROOF
“In Malinda Channa Pieris and others v A.G. and others, it was pointed out that, having regard to the gravity of the matter in issue, a high degree of certainty is required before the balance of probability might be said to tilt in favoure of a petitioner endeavouring to discharge his burden of proving that he was subjected to torture or to cruel, inhuman or degrading treatment or punishment; and unless has adduced sufficient evidence to satisfy the Court…” (Ibid, p.43).
Internationally too, the allegation must be proved before the relevant Article is held to have been violated. Thus for instance in Fillastre v Bolivia, the UN Committee on Human Rights held that there was no violation of Article 10 of the ICCPR because the allegations that the conditions of detention were inhuman and degrading had not been substantiated or corroborated” (Ibid, p. 44).
MEANING of ARREST
Article 13 (1) of the Constitution states: “No person shall be arrested except according to procedures established by law. Any person arrested shall be informed of the reason for his arrest”.
Article 13 (2) states: “Every person held in custody, detained or otherwise deprived of personal liberty shall be brought before the judge of the nearest competent court according to procedures established by law, and shall not be further held in custody, detained or deprived of personal liberty except upon and in terms of the order of such judge made in accordance with procedures established by law”.
“So long as the grounds for arrest are made known, the Constitutional requirement that reason for arrest should be given will be satisfied. The police do not have to quote chapter and verse from statutes and legal literature to justify the arrest. There is no obligation on the police to quote the law applicable”, said Samarakoon C.J. “On the other hand… He must be given the grounds – the material facts and particulars – for his arrest, for it is then that the man will have information that will enable him to take meaningful steps towards regaining his liberty” (Ibid, p. 115).
CONCLUSION
The Foreign Minister Ali Sabry during the course of his address, at the 51st Secession of the UN Human Rights Council, stated: “We endeavor to establish a credible truth-seeking mechanism within the framework of the Constitution. The contours of a model that would suit the particular conditions of Sri Lanka are under discussion”. Whether the intended mechanism is compatible with existing systems under the 13th Amendment is an issue that needs resolution.
Establishing the “truth”, whatever the mechanism, depends on the evidence presented because only evidence that has a “high degree of credibility” is what is accepted as evidence both nationally and internationally. For instance, in Fillastre v Bolivia, the UN Committee on Human Rights held that there was no violation of Article 10 of the ICCPR because the allegations that the conditions of detention were inhuman and degrading had not been substantiated or corroborated” (A.R. B. Amerasinghe, “Our Fundamental Rights of Personal Security and Physical Liberty” p. 44).
Such evidence could be presented to any of the High Courts established under the 13th Amendment or the new Domestic Mechanism contemplated. For instance, the landmark judgment presented above, with the decision by the then President of the Court of Appeal, S.N. Silva J. reflects the scope of existing national mechanisms to address serious violations, regardless of whether or not they come within the rubric of human rights or humanitarian law. Furthermore, an aggrieved party who is not satisfied with the diligence of the investigations could appeal to Sri Lanka’s Human Rights Commission to undertake under provisions of Part II “POWERS OF INVESTIGATION” of the Human Rights Commission of Sri Lanka Act, No. 21 of 1996, PART II POWERS OF INVESTIGATION OF THE COMMISSION Therefore, aggrieved parties should be encouraged and urged to exploit the full potential of existing domestic mechanisms to redress their grievances.
If the evidence reaches the standard of “high degree of credibility”, the next step is for Domestic mechanisms provided in the Constitution to apply, and the procedures for prosecution and punishment in keeping with provisions of Sri Lanka’s Penal Code, to proceed. However, if the evidence relates to violations outside its scope, they could still apply to acts that are “recognized by the community of nations” as per the second paragraph of Article 13 (6) of the Constitution. The evidence, however must relate to “individual penal responsibility”, as called for by the Additional Protocol II applicable to the
Non-International Armed Conflict and by the Rome Statute. Therefore, the call to blacklist entire fighting divisions reflects a total ignorance of such internationally recognized provisions. Furthermore, Additional Protocol Ii does not recognize Command Responsibility.
As for the punishment, what is provided nationally is Sri Lanka’s Penal Code. Therefore, even if an individual is guilty for a violation and is recognized as such by the community of nations, the punishment has to be in keeping with provisions in Sri Lanka’s Penal Code.
Presented above are topics such as DISAPPEARANCES, TORTURE, THE QUESTION of PROOF and MEANING of ARREST contained in Justice A.R.B. Amarasinghe’s book titled “Our Fundamental Rights of Personal Security and Physical Liberty” (1995) and how they were addressed under provisions of existing Domestic Mechanisms in Sri Lanka.
The case presented under DISAPPEARANCES was first filed in April 1989 and the decision was made in December 1994; a matter of 5 years and 8 months. It is most likely that the evidence gathered by the Office of the UNHRC is several decades old. How such evidence would stand the test of “high degree of credibility”, before an incident could be categorized as a violation is a factor that could be challenged.
Few are aware of these facts, and least of all the UNHRC. Instead of pleading our case in Geneva, this body of evidence should be brought to the attention of the UNHRC, Diplomatic Representatives in Sri Lanka and to those who are committed to Human Rights issues. In addition, the Government should document regularly the current status of every complaint filed with the High Courts or any of the Superior Courts relating to human rights and humanitarian law violations to demonstrate the manner in which the domestic system is working. The fact that achievements gained through Domestic Mechanisms have not received the publicity it deserves has resulted in acquiring the image that impunity reigns in Sri Lanka.
Features
Why spill water and reject sunlight while burning imported fuel?
Sri Lanka needs a fairer and more transparent approach to renewable energy
by K R Pushparanjan
Sri Lanka has spent several decades encouraging private investment in renewable energy. Small hydropower was among the earliest successes of this policy while rooftop solar has more recently enabled thousands of ordinary households and businesses to become electricity producers. These developments have reduced the country’s dependence on imported fuel, mobilised private capital for electricity generation and contributed towards a cleaner and more diversified energy system.
It is therefore difficult to reconcile these objectives with reports that renewable generators are increasingly being required to curtail production during periods of low electricity demand, particularly on Sundays, Poya days and other holidays. The question is especially relevant to run-of-river mini-hydropower, where naturally available water may simply pass downstream when generation is stopped, and to rooftop solar, where abundant midday sunshine cannot be postponed until the evening peak.
There are, of course, legitimate technical reasons why the Ceylon Electricity Board (CEB), as system operator, may occasionally have to curtail renewable generation. An electricity system must maintain a continuous balance between generation and consumption. On Sundays and holidays, industrial and commercial demand can fall considerably while solar, hydro and wind generation remain available. Certain conventional generating units may sometimes have to remain connected to provide frequency control, voltage support, operating reserves and other services essential for grid stability. Transmission constraints can also make it impossible to substitute generation in one part of the country directly for generation elsewhere.
No responsible renewable-energy producer would suggest that grid security should be compromised merely to accept every available unit of renewable electricity. However, legitimate engineering considerations should not become a blanket explanation that places curtailment decisions beyond public scrutiny.
The CEB itself describes the economic principle underlying electricity dispatch as merit-order dispatch, under which lower-cost generation is normally utilised before progressively more expensive generation. Consequently, whenever inexpensive renewable electricity is deliberately curtailed while substantially more expensive oil-fired generation continues, electricity consumers and renewable producers are entitled to ask why. If a particular thermal generating unit must remain online for frequency stability, voltage support, network security or some other technical requirement, that can be explained. If transmission congestion requires renewable generation in a particular area to be reduced, that too can be demonstrated. Transparency should strengthen technically sound decisions, not threaten them.
Mini-hydro and an unequal contractual relationship
Run-of-river mini-hydropower deserves particular consideration. Unlike reservoir hydro, most such plants have limited ability to store water. When sufficient water is available, but the plant is instructed not to generate, that water may simply bypass the turbines and continue downstream. The opportunity to produce that electricity is then lost. No imported diesel, furnace oil or coal is required to allow that water to turn a turbine, and there is no corresponding fuel-related foreign-exchange expenditure.
Sri Lanka’s mini-hydropower industry was developed largely through private investment. The CEB currently records 219 commissioned mini-hydro projects with an aggregate capacity of approximately 430 MW and acknowledges the role of government policy in encouraging private-sector development of this indigenous renewable resource.
Yet, there has always been a fundamental imbalance in the commercial relationship between the small power producer and the national purchaser. Mini-hydro projects have historically sold their electricity through the Standardised Power Purchase Agreement (SPPA). The very nature of a standardised agreement substantially limits the individual developer’s negotiating position. Published material concerning Sri Lanka’s small-power-producer framework has described the SPPA as standardized and non-negotiable.
This is hardly a negotiation between parties of equal bargaining strength. A mini-hydro developer cannot realistically reject an unfavorable provision and offer the electricity to another national grid. For much of the industry’s history there has effectively been one purchaser, leaving the developer with little practical alternative but to accept the terms offered.
The weakness of that position becomes particularly evident when curtailment occurs. A PUCSL-commissioned study has recorded that under the original SPPA there was no penalty on the CEB for not purchasing energy. The developer may have invested the capital, borrowed the money, undertaken the construction and hydrological risks, maintained the machinery and had both water and generating equipment available, yet still carry the financial loss when electricity cannot be accepted for reasons originating within the national system.
If curtailment is genuinely necessary for grid security, the plant operator may have to accept the technical instruction. It does not logically follow, however, that the entire financial consequence should automatically be imposed upon the weaker contracting party.
Germany curtails renewables too – but differently
Germany provides a useful comparison precisely because it demonstrates that renewable curtailment is sometimes unavoidable even in an advanced electricity system. With very large quantities of wind and solar generation, Germany regularly experiences transmission congestion and occasions when all available renewable electricity cannot immediately be transported to consumers.
The important difference lies in how the problem is managed. Germany operates a regulated redispatch system. European electricity-market rules require redispatch to be undertaken according to objective, transparent and non-discriminatory criteria. Conventional generation, renewable generation and storage can all form part of the process, with interventions determined by what is required to relieve network constraints safely and economically.
Equally important is the recognition that curtailment has financial consequences. Germany’s Federal Network Agency explains that affected generators and storage operators have statutory entitlements to appropriate financial compensation within the redispatch framework. Depending upon the circumstances, relevant arrangements can take account of generation expenditure, lost revenue opportunities, readiness costs, maintenance implications and costs avoided because generation was reduced. The German framework also provides balancing mechanisms intended to address the commercial position of installations affected by redispatch, including renewable generators.
The principle is worth considering in Sri Lanka. When a privately financed generator is required to sacrifice otherwise available production for the security and benefit of the national electricity system, why should that cost automatically and entirely be borne by the generator?
Germany offers another lesson that may be even more important: transparency. Through the Federal Network Agency and its SMARD electricity-market information platform, information on congestion management, renewable curtailment and conventional redispatch is publicly available. Official German figures show that renewable curtailment amounted to approximately 3.5 percent of renewable generation in 2025, meaning that more than 96 percent of renewable electricity generated reached the system and consumers.
Sri Lanka cannot simply copy Germany. The two electricity systems differ enormously in size, resources, interconnections and market structure. What can be adopted, however, are the principles of transparency, non-discrimination, accountability and fair treatment of generators affected by decisions taken for the benefit of the wider system.
What generation remained online?
Whenever significant renewable curtailment occurs in Sri Lanka, sufficient information should therefore be made publicly available to answer some straightforward questions. How many megawatts were curtailed, for how many hours, and how many megawatt-hours of renewable electricity were consequently lost? Which thermal generating units remained operational during those hours? What fuel were they using and what was their approximate generation cost? Why was each of those units technically required to remain online? Was the curtailment caused by system-wide oversupply, a local transmission constraint, frequency considerations or some other identifiable requirement? These are not unreasonable questions. If the decisions are technically and economically sound, the answers should vindicate the system operator.
The issue assumes particular importance because Sri Lanka has historically spent enormous sums purchasing thermal electricity. An Auditor General’s special audit concerning ACE Power Embilipitiya reported expenditure of approximately Rs. 59.454 billion on electricity purchased from that plant between 2016 and 2021. The audit also drew attention to transmission-system problems and the consequences of permanent solutions not being implemented in a timely manner.
This does not establish that thermal generation is unnecessary or that private thermal producers have acted improperly. Nor should allegations of corruption be made against particular parties without evidence. Nevertheless, Sri Lanka’s long history of public concern regarding procurement, governance and major public expenditure makes transparency particularly important. Large thermal power contracts, fuel purchases and capacity arrangements involve substantial sums of money. The best protection against suspicion is not secrecy but disclosure.
If expensive thermal generation genuinely has to remain online while inexpensive renewable generation is curtailed, publish the technical reason. Publish the quantities. Publish the relevant costs. Allow engineers, economists, regulators, investors and electricity consumers to examine the decision for themselves.
Rooftop solar must not become the next casualty
The same argument now applies to rooftop solar. Sri Lanka successfully encouraged households and businesses to invest their own money in solar installations. Net Metering, Net Accounting and related arrangements helped transform consumers into small-scale electricity producers and contributed substantially to the growth of distributed renewable energy. PUCSL continues to recognise Net Metering, Net Accounting and Net Plus within Sri Lanka’s rooftop-solar framework.
The rapid expansion of rooftop solar undoubtedly creates genuine technical difficulties. Solar production is concentrated around daytime hours, while Sri Lanka’s major electricity demand peak occurs later. On a sunny Sunday or holiday, solar production can therefore be substantial precisely when commercial and industrial demand is low. Distribution networks designed for one-way electricity flows may also encounter voltage and hosting-capacity limitations as increasing quantities of electricity flow back from consumers towards the grid.
But it would be fundamentally unfair to encourage citizens to invest their savings in solar energy and subsequently treat their electricity as a problem simply because the national grid has not developed quickly enough to accommodate it.
Battery energy storage offers an important part of the eventual solution. A household battery can capture surplus solar energy around midday and release it during the evening, when both the household and the national system need electricity most. PUCSL has already recognized the value of combining rooftop solar with battery storage in its evolving regulatory arrangements.
However, domestic battery storage still represents a considerable additional investment for an ordinary household. Public policy should therefore be careful not to make battery ownership an economic prerequisite for participating in rooftop solar before such systems become reasonably affordable.
Until domestic battery storage becomes economically accessible to the average household, Net Metering and Net Accounting should be preserved, strengthened and made genuinely accessible. They provide a practical bridge between today’s rapidly growing distributed solar generation and tomorrow’s electricity system in which affordable batteries, utility-scale storage, pumped hydro and sophisticated demand management can shift much more renewable energy from periods of surplus to periods of high demand.
The national grid should, during this transition, continue to perform an important balancing function. Meanwhile, policy should encourage rather than compel household batteries through appropriate time-of-use tariffs and incentives. As battery prices decline, consumers will increasingly adopt them voluntarily because the economics make sense.
The grid must evolve with renewable energy
The longer-term answer is therefore not to choose between renewable energy and grid stability. Sri Lanka needs both.
Investment is required in battery storage, pumped-storage hydro, stronger transmission and distribution networks, better renewable forecasting, modern inverter technology, sophisticated system-control facilities and demand-response programmes. Electricity tariffs can also be designed to encourage industries, commercial establishments, water pumping, electric-vehicle charging and other flexible loads to consume more electricity during periods of abundant solar production.
The electricity system must gradually become capable of moving energy not merely geographically but also across time—storing electricity when nature provides more than consumers require and releasing it when demand rises.
This is also essential for maintaining investor confidence. Private investors make renewable-energy decisions according to expected annual generation, financing costs and anticipated revenue. If a developer can spend substantial capital constructing a renewable project only to face unpredictable curtailment outside his control and without adequate compensation or contractual recourse, the investment risk increases. Eventually that risk translates into higher financing costs, higher required returns and fewer projects.
A country cannot credibly invite private investors to finance renewable energy infrastructure while retaining an overwhelmingly one-sided contractual ability to discard their output and transfer the resulting financial loss back to them.
Transparency should not frighten the CEB
Nobody should expect the CEB to compromise national grid security merely to accommodate a mini-hydro plant or rooftop-solar producer. Where curtailment is technically unavoidable, it should occur.
But “system stability” should never become a phrase that ends the discussion.
Where synchronous generation must remain operating, explain why. Where transmission congestion requires renewable curtailment, identify the constraint. Where renewable producers sacrifice available generation for the benefit of the national system, develop a fair compensation mechanism. Where expensive thermal generation remains operational while naturally available water bypasses turbines, disclose why that was the technically necessary and economically preferable decision.
Germany demonstrates that renewable curtailment and renewable-energy development are not contradictory. Even sophisticated electricity systems sometimes have to discard renewable electricity. The difference is that a mature system attempts to minimize curtailment, operates under transparent rules, publishes relevant information and recognizes the financial consequences imposed upon generators.
Sri Lanka should aspire to the same principles.
We should not encourage private investors to build mini-hydropower plants and then place them against the wall through contracts over which they have little negotiating power. We should not encourage households to spend their savings installing solar panels and later make them bear the cost of deficiencies in the electricity network. And we should certainly not discard economically usable indigenous renewable energy without a convincing explanation while scarce foreign exchange is being spent importing fuel.
Sri Lanka should not spill usable water, reject available sunlight and then burn imported fuel to produce electricity that nature was prepared to provide without a fuel bill.
The issue is not whether every unit of renewable electricity can always be accepted. Clearly it cannot. The real test is whether every unit curtailed was genuinely necessary, whether the least-cost and least-wasteful solution was chosen, whether affected producers were treated fairly, and whether the public is permitted to see the evidence.
That is not an unreasonable demand from renewable-energy producers. It is the standard of transparency, accountability and economic discipline that Sri Lanka’s electricity consumers should expect from a modern national power system.
Features
‘Career of Evil’
Tales of Mystery and Suspense 22
by Prof. Rajiva Wijesinha
I return now to J K Rowling of Harry Potter fame, writing under the pseudonym Robert Galbraith about Cormoran Strike. There are several books in this series of off-beat detective stories, featuring a private investigator who lost a leg while serving in the army, and his assistant Robin Ellacott, who had been raped when a student, with lasting psychological effects. Strike himself was the child of a rock band groupie, who had lived a sordid life, her last attachment being to a failed rock star of relatively aristocratic provenance and brutal habits.
Career of Evil is the third in the Strike series, and markedly different from the two books I read previously, the first and the fifth. Those were relatively speaking classic whodunnits, with a range of possible murderers, the solution in the end being quite unexpected but also convincing. The murderers in both cases are unhinged, but this does not become obvious until Strike has put two and two together and revealed a history of aberrant behaviour.
This novel has just a few suspects, all of them bizarre, as is made clear from the moment they are introduced. The case begins with Robin being sent a severed leg from a dead body, or rather it begins with the thoughts of the murderer who seeks revenge from Strike, which it seems he intends to achieve by first terrifying and then killing the woman he calls Strike’s Secretary. He also evinces a horrid desire to mutilate women after abusing them.
The first person Strike thinks of as a possible suspect is a member of a crime syndicate known to have sent body parts through the post, but Strike soon decides that he cannot be the perpetrator, in part because he is not likely to have known that Strike was responsible for his conviction earlier. Rather Strike is convinced it is one of three people who hate him, two of them individuals he helped to prosecute when he was in the investigating unit of the army, the third his step-father whom he suspected had killed his mother.
Unfortunately, Wardle, the policeman assigned to the case, who gets on well with Strike, is convinced it is the first person Strike had suggested, and does not seem interested in the rest, so Strike sets about trying to find out what they are up to.
They are not easy to trace, but Strike eventually tracks them down. He finds Laing’s mother in Scotland, although she is no longer able to provide any useful information. He then tracks down the mother of Laing’s first wife, Rona, whom Strike had found tied up and tortured. It was this incident that led to Laing’s conviction and imprisonment, and ultimately fuelled his hatred of Strike.
He finds the sister of the second suspect, Noel Brockbank, and learns that she and her brother were both abused as children by their stepfather. Brockbank later went on to abuse young girls himself. When Strike went to arrest him over the abuse of his stepdaughter, Brockbank attacked him with a broken bottle, and Strike knocked him out. Brockbank subsequently suffered seizures and was found to have a serious brain injury. Although Strike was initially blamed for the injury, it was later established that Brockbank had fractured his skull in a rugby match before the confrontation. Brockbank was therefore never convicted of the abuse allegations, while Strike was cleared of responsibility for his brain injury.
Strike’s third suspect is his former stepfather, Jeff Whittaker, whom he describes as unutterably filthy and abusive, yet strangely attractive to women. When Strike tracks him down, he finds Whittaker living with Stephanie, a woman who supports him with what she earns as a sex worker. Despite being abused by Whittaker, she remains devoted to him.
In his musings, the killer refers to the woman he lives with as “It”, suggesting that he could be Whittaker, who lives off Stephanie’s earnings. But when Robin is attacked by a man dressed differently from Whittaker, whom she had seen shortly before, it becomes clear that Whittaker is not the killer. Laing, the first of Strike’s three suspects, is also apparently ruled out when Robin sees him on crutches and learns that he is claiming disability benefits. Strike and Robin therefore concentrate on the third suspect, Noel Brockbank, whom they eventually trace to a home he shares with his girlfriend, Alyssa, and her two young daughters. Robin has seen the younger girl and becomes increasingly worried about what Brockbank might do to her. Although Strike has ordered her to leave Brockbank alone, Robin continues investigating because of her concern for the child. She eventually discovers that Brockbank has been sexually abusing the older of the two girls.
Meanwhile, Strike and Robin manage to identify the girl whose leg was sent to the agency. Among the bizarre letters Strike had received in the past was one from a young woman who fantasizes about having her healthy leg amputated and believed that Strike had deliberately had his own leg removed. Robin realises that the girl was suffering from a condition known as body integrity identity disorder, or BIID, in which a person has a persistent desire to have a healthy limb or other body part removed. Strike simply ignored the letter, unaware that the girl was suffering from a recognised condition and that her request was serious. The girl, Kelsey Platt, is subsequently found to have been murdered, and the police discover forged letters apparently written by Strike in response to her.
Wardle has his suspicions of the man married to the girl’s sister, with whom she had lived. Strike thinks this absurd, and it turns out that the man has an alibi for the time of the murder, but Strike does go along when the sister asks to see him and is overwhelmed by the sense of grief she and her husband evince.
The girl is evidently a godsend to the murderer, whose desire to remove body parts could not be controlled. He chops fingers off a girl he almost kills, and then removes the nose and ears of a girl he kills soon afterwards. And previously he had sent Robin the toe of the girl whose leg had been sent earlier.
All this horror can seem over the top, and one may wonder how Rowling could bring herself to wallow in such grim material. But perhaps she felt very strongly about the abuse women were subject to, and though her depiction of the way women played into the hands of abusive men seems excessive, she feels that awareness of that increases the need for support groups and other mechanisms to provide safety nets.
But there is also another side to the novel, namely the relationship between Strike and his partner Robin, which verges on the romantic though neither wishes to move on the matter. Strike feels diffident about taking advantage of his position as her employer, while Robin is engaged to a young man she has known for years, and whom she was virtually engaged to while at university. He has stood by her after the rape, when she could barely face society, and she finally decides to accept him and they are planning their wedding at the beginning of this book. But she finds that he is jealous of Strike, and hence his resentment of her commitment to her work, she breaks off the relationship when they are staying with her parents to finalize arrangements for the wedding.
But they still share a flat, and given the threat looming over her she cannot really move to live by herself. And gradually his misery wears her determination down, and she agrees again to marry him. The novel ends with their wedding, which Strike just manages to get to, causing her to beam, though she ‘had not once smiled in the entire service’.
But they still share a flat, and with the threat hanging over her, Robin cannot really move out and live by herself. Gradually, Matthew’s misery wears down her determination, and she agrees to marry him after all. The novel ends with their wedding. Strike arrives just in time, battered and bloodied after his confrontation with the killer. Robin has not smiled once during the ceremony, but when she sees Strike, she suddenly beams.
Before that, in the kerfuffle caused by Robin’s attempt to rescue the children of the woman Brockbank was living with, Strike sacks her. This turns out to be useful to him, because he subsequently enlists the children’s mother, Alyssa, to help trap the killer, whom he has by then identified as Donald Laing. With Shanker’s help, Strike arranges for Alyssa to pose as his new secretary and lure Laing into the open while he gains access to the flat Laing has been using as a hideout. There he discovers the evidence of the murders, including the severed body parts kept in a refrigerator.
This leads to a dramatic climax in which the murderer turns up. Strike has difficulty subduing him, partly because of his missing leg, but he is helped by Shanker, a man whom his mother, Leda, had taken in as a neglected and
badly beaten boy and who has remained deeply grateful to the family. With the murderer captured and the case effectively wrapped up, Strike asks Shanker to drive him to Yorkshire, where Robin’s wedding is taking place. They arrive while the ceremony is still in progress, and Strike manages to get into the church just as Robin is making her vows. When she sees him, she beams and says “I do” while looking at him rather than at Matthew.
Clearly, this suggests that the relationship between Strike and Robin is far from settled. Indeed, as I discovered when I read the fifth book in the series, the story certainly does run and run.
Features
Ananda Ganegoda: Pioneer in popularising Sinhala music
by Dr Upul Wijayawardhana
It was with a great sense of sadness that I received the news about the death of Ananda Ganegoda at the age of 80 years; the last of the famous industrialist Ganegoda brothers to depart. Ananada was a businessman par excellence but he ought to be remembered specially for his outstanding contribution to popularising Sinhala music by founding the music label Singlanka in 1980. Unfortunately, I lost touch with him, having seen him only once since I left Sri Lanka in May 1988. As I mentioned in my article on statins (Cholesterol lowering statins: Scope for use widens – The Island; 18 September) I have met some remarkable people in my practice of medicine and Ananda was certainly one of them.
The Ganegoda brothers were actually two sets of first cousins though they worked as a single family. Nandajeewa, Sumanalatha, Wimalajeeva, Karunajeewa and Ratnajeeva were the children of Jineris Ganegoda whilst Chandrasiri, Jinadri and Ananda were the children of Jineris’ younger brother Johanis. Sadly, it seems to have been forgotten by many that the Ganegoda brothers were instrumental in changing our export economy by starting garment factories in 1954, one of the first groups of non-traditional exports. According to a family post on Facebook, the visionary leader was Wimalajeewa, who started Noortex, Mayura, GIL and Eurolanka garment factories. Others followed suit and they presided over a vast business empire.
My first contact was not with Ananda but Karunajeeva, if my memory serves me right. After a consultation and a friendly chat, he invited me to a factory visit, which I readily agreed to. He took me to one of the factories in Ratmalana and I was very pleasantly surprised with the high standards maintained in the factory including workers’ welfare. I was able to taste the delicious food served to the workers. The icing on the cake was his measuring me out for shirts and trousers which I wore for a very long time!
Maybe around late 1983 or early ‘84, Ananda ‘channelled’ me for a consultation in the Central Hospital for chest pain and was accompanied by his wife, Nandani. I noted that, in addition to the cigarette smell, he had heavy nicotine staining of fingers. After having ensured that his pain was not cardiac, I tore into him stating, “What is wrong with you? You are among the Sri Lankan businessman doing well and you seem determined to commit suicide with chain smoking,” Then I started wondering whether I had been too blunt, but Ananda said “Dr, Thank you very much. I will stop smoking” and his calm response took me by surprise. On a subsequent social occasion, Nandani whispered in my ear that he had an occasional ‘secret smoke’ and when I encountered, Ananda said “Dr, hari amarui” but promised he would give up completely. I do not know whether he did so but the significant reduction of consumption, hopefully, contributed to his longevity.
I met him last in 1995, in the role of a peacemaker when he was in open conflict with a close relative of mine. I pleaded with him to stop the battle, pointing out that one of his nieces was being courted by the son of my relative. Though shocked, he promised to make peace.
Ananda’s crowning achievement was the founding of Singlanka which made Sinhala songs accessible to the masses. Those of us, old enough to remember, know how difficult it was to listen to music. As a child, I had to go to the village Community Centre to listen to the radio, which is in utter contrast to what is happening today. With just a click on the smartphone anyone can listen to music of any choice, anytime, anywhere as long as you are connected to the internet! Recording with the ability to playback, started with the Phonograph invented by Thomas Edison in 1877, Vinyl records being available from the early twentieth century. They came in various speeds and sizes but needed cumbersome players.
The real breakthrough came in 1963, when the Dutch company Philips introduced the Compact Cassette with more convenient players. Singlanka gave everyone the opportunity to listen to their favourite artists on Compact Cassettes. When the Compact Disc format, developed jointly by Philips and Sony, released in 1983, gathered momentum, Singlanka too moved to this format but most of us are still in possession of Singlanka cassettes. I still occasionally listen to Nanda Malini’s “Pavana”, which has become relevant because of the recent death of Nanda Malini and the ascent of JVP to power, but that is another story.
Most of our famous singers, including the greats like Amaradeva and Nanda Malini, owe at least a significant part of their fame and fortune to Singlanka, which was Ananda’s brainchild. Looking at the discography of Singlanka is like looking at a list of all favourite singers. In addition, Ananda gave the opportunity to the less known in the field of music also to showcase their talent, the best example being Carlo Fonseka’s Calochita Gee, which was a compilation of songs sung by various artists to the lyrics and melodies of Carlo. Who would have imagined multi-talented Carlo having musical creativity as well!
As for me, one event illustrated his generosity and his sense of gratitude. When Dr N J Wallooppillai retired, and I succeeded him as Cardiologist, I arranged for an international conference “Cardiology Update”, which was held on 6th and 7th of June 1985 at Galadari Meridien Hotel, culminating in a banquet. When I rang Ananda about this, he immediately offered to sponsor music for the evening and arranged for Patrick Denipitiya Combo to play and Ivor Dennis, Indrani and Sisira Senaratna to sing. It was a memorable evening, with plaudits from attendees, though we did not have an opportunity to rehearse. I compeered and we selected the songs as we went on. When Indrani wanted to sing Gaya Geethayan I had to stop as it was a Hindi tune and Indians were in the audience! My wife Primrose joined Ivor Dennis to duet “Olu Pipila Wela Lela Denawa”. We ended the banquet with Ivor Dennis singing, and the audience joining, the patriotic song Dakuna, Negenahira, Batahira, Uturada, Eka Kodiye Sevene thanks to Ananda. I am eternally grateful to him.
May Ananda attain the Supreme Bliss of Nibbana!
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