Features
Viewing 20A through governance prisms
By Austin Fernando
(Former Secretary to the President)
Twentieth Amendment (20A) is reviewed by commentators from political, legal, journalistic, and religious angles. Not belonging to any such group, I do not venture to cover the multitude of discussions on 20A. My focus is to view 20A to understand how it affects governance and causes political contradictions.
In democratic good governance, there are essential elements, such as the rule of law, transparency, responsiveness, consensual oriented action, equity and inclusivity, accountability, and participation. Irrespectively, it is surprising to observe public administrators/their associations (except Auditors) in stoic silence on the 20A, though they will implement and experience fallouts of the 20A.
Ministerial Review Committee
The 20A created contradictory opinions even among the government ranks. Prime Minister Mahinda Rajapaksa appointed a Committee of Ministers to review 20A. When this Committee Report was handed over, the public expected a review by the Cabinet. But it did not happen. Responsiveness, inclusivity, and participation have been lost even before 20A is passed, with a presidential directive to discuss the revisions of the Ministerial Committee at the Committee Stage. Such directives are common in Executive Presidency though one may question the applicability of Article 42(2) – “collective responsibility.” Anyway, the revisions will hence lack prior legal or public scrutiny.
Drafting crucial law
Probably, the Minister of Justice, who coordinated abolishing 19A, would have ordered the drafters to revert to 18A. Due to the critical nature, the Legal Draftsman would have officially conveyed the Cabinet of the implications of the amendments. It would have been opportune if that had happened, and their views shared, least as an Annex to the Cabinet Memorandum, especially for the Cabinet to observe the weaknesses/adversities of 20A, independently. Let me view 20A to observe the effects on good governance in this scenario.
Post-conflict issues and President’s duty
One sensitive amendment is the deletion of Article 33(1)(b) “Promote national reconciliation and integration.” It entered the 19A from post-conflict demands and tagged as a presidential ‘duty.’ Not much to exceptionally disturb the President through this ‘duty’ happened during the last five years. Hence, this deletion wrongly orchestrates negativism that he may be averse to ‘reconciliation and integration.’ It is unfair by him and hence deserves review.
Constitutional Council vs Parliamentary Council
Chapter VIIA – The Executive, matters to good governance. The first important issue is the erasure of the Constitutional Council (CC) and replacement by the Parliamentary Council (PC). The membership of the PC is political, and the proposed processes in application are subjected to presidential whim, especially by the power to supersede PC’s observations. These dilute PC’s independence and restricts inclusive participation.
Audit and Procurement Commissions
Under the 19A, nine Commissions were established out of which 20A has deleted the Audit Services Commission and National Procurement Commission (NPC). Erasing the Audit Services Commission does not reflect well for good governance.
Worst is to selectively leave-out audit of the Presidential Secretariat and the Prime Minister’s Office by constitutional fiat [Article 154(1)- 20A]. The primary objective of auditing is to examine the accuracy of accounts and express opinions on financial statements. The secondary objective is to detect and prevent frauds, misuses, misappropriations, etc.
Preventing auditing cheekily endorses the reluctance to be transparent and accountable; and could motivate officers to deliberately committing errors, frauds, and corruption. More important is the impact on parliamentary control of state finances (Article 148). The President, PM, and their officials, immune to parliamentary financial control, predict an accountability disaster. This also ridicules the government’s “One Country, One Law” rhetoric because other Ministers and officials have no such immunity.
In the private sector, the shareholders decide who the Auditors are, to audit the Board, Chief Executive (CEO), and all transactions. The 20A wants everyone to be audited, but not Sri Lanka’s CEO and his deputy. If 20A equivalent had happened in the private sector, shareholders would have revolted, but 20A is Amurtha (elixir) for government supporters.
Article 156C directs the National Procurement Commission (NPC) to formulate fair, transparent, competitive, and cost-effective procedures and guidelines for government procurements. These are extremely positive objectives. It is surprising for 20A to push them aside because we hear of wrongdoings, worth millions of rupees, happening even while the 19A is operative, as alleged by government spokespersons. What can we predict without an NPC? If the NPC is slow performing, corrections should be followed, rather than to abolish it.
“Independent Commissions”
According to the 19A, members of the Commissions were appointed by the President. (Article 41B and 41C). There had been very few disagreements on appointments between the CC and the Executive, which had been sorted out proving the ability to cohabit.
Special concerns on the CC are projected regarding higher judicial appointments. We sometimes hear the complaint of the President’s inability to get judges appointed at will. These are probably related to the CC’s unanimous rejections of two judicial appointment recommendations. Nevertheless, these decisions were made with the participation of the representatives of the then Opposition and civil society. Thus, 20A will ignore the latter arrangements negating an existing democratic process. Under 20A, a President’s recommendations, though wrong, may stay on, irrespective of negative observations of the PC. Article 41C blocked this happening, post-19A. Therefore, are the 20A provisions democratic and hail good governance?
Proposed Article 111D permits the President to appoint two members of his wish to the Judicial Services Commission. When such open-ended appointments are possible it gives hope to the judiciary that they could manipulate their personal gains.
Therefore, reviewing these appointments by the CC will do justice to the judiciary.
Though the incumbent President, with a strong Parliament, and personality, may not sometimes succumb to such influencing, but a weaker President certainly will, to sustain power. Constitutions must be drafted with appropriate controls applicable to any President, and not person-centric to the incumbent. This mistake has been repeated by us and should end.
Even the Public Service Commission (PSC) is appointed by the President after receiving PC observations. Again, overruling these observations, like in other instances, could make the PSC also toothless.
The effects will be observed in the short, medium, and long terms in recruitment, promotion, discipline, transfers, etc. The future of public administration may effectively face dismal problems.
We hear from the Minister of Justice of the constraints to appointment an IGP. He castigated the “purpose” or “use” of a National Police Commission (NPC) based on this. But such an appointment is prohibited by Article 155G. The increased numbers of criminal incidents were referred to prove the ineffectiveness of the NPoC. He ignored that the NPoC does not have the power to fight criminality. (Article 155G)
Removal of Officers (Procedure) Act No. 5 of 2002 clearly states that IGP’s removal is possible only under specified circumstances, such as insolvency, ill health, ceasing to be a citizen, etc. None of these sins were proved and the incumbent government retired him with all attached perks. Factually, there was no vacancy until he formally retired to appoint a new IGP. But when such irresponsible criticisms happen others hang on to such arguments. Therefore, they also pray for NPoC’s demise!
Dual citizenry
By deleting Article 91 (d) (xiii), 20A permits dual citizen’s appointment as parliamentarians. The need to use this amendment will be at the next general election, after five years. But the government is in a mighty hurry. Urgent implementation will be required if the National List is to be tampered for special political gain. Some ministers stated that 19A – 91(d)(xii) should be repealed because it was incorporated by person-centric lawmaking and thus wrong. The irony is that the 19A deletion also appears to accommodate person-centricity.
The keen advocates of this amendment are those who argued against Singapore-rooted Arjuna Mahendran. They forget that the difficulties with Mahendran would arise with dual citizen politicians sinning after 20A. Politicians sin whichever the party they belong!
When a clerk, a Grama Sevaka, IGP or a Secretary must be a citizen, but not parliamentarians, Ministers, PMs, or Presidents, it is a joke. Since the President has shown how to solve the dual citizenship problem, individually, why mess with the Constitution without following the Leader?
Another important reason is that this amendment will apply to any other dual citizens while being members of international terror groups (e.g. ISIS) or Tiger remnants. This situation is worsened by repealing the administering of the Official Oath (Article 53) in Schedule 7 of the Constitution. We are assured that the President will not do underhand deals with LTTE remnants or the Islamic terror groups. But this amendment affecting security governance could be used by another President or Minister, supported by extremists, by being inactive, permitting “support, espouse, promote, encourage or advocate the establishment of a separate state.”
This freedom to engage in separatist agendas may motivate helpful activities for separatism and it will be the base for another conflict that has to be fought. Such motivators are mentioned of previous regimes and cannot it repeat with the current and future regimes? This country has suffered enough and hence this amendment needs erasure or at least modifying.
Election promises and constitutional amendments
That the incumbent President received nearly seven million votes at the presidential election and a 2/3 majority at the general election is used to validate the 20A. But were the electors told that these questionable changes (e. g. abolition of dual citizenship, Audit and Procurement Commissions, Article 53, immunity, and castrating the independence of the CC/Commissions, etc.) would follow? No!
We must also remember that these amendments cannot be repealed conveniently. A President in power with a lean margin or performing with a weak parliamentary alliance can use these amendments to the detriment of democratic governance/country, even militarily. Canvassers may emerge inviting political leaders to be autocrats using some of these amended powers. In such circumstances, what is the guarantee that an Idi Amin or Robert Mugabe will not emerge from among our politicians?
President must be the Minister of Defence
The 20A corrects a prohibition in the 19A. The incumbent President, while possessing the power to declare war and peace and appoint the three Services Chiefs, is disabled to be the Minister of Defence because he is not a parliamentarian. I reason to differ from 19A, without being person-centric on the incumbent President’s professional suitability to be the Minister of Defence.
To wit, Article 4 (b) of our Constitution stipulates that the “executive power of the people, including the defence of Sri Lanka,” must be exercised by the President. Only “defence” is specially chosen here, not Agriculture, industry, etc. Under Article 33A, (which will be deleted by 20A, included in Article 42), the President is accountable for “his powers” to the Parliament on laws applicable to public security. Public security always combines with defence.
At present, there is no Minister of Defence and there is a Secretary Defence. According to Article 52(1): “There shall be a Secretary for every Ministry of a Minister of the Cabinet of Ministers.” By Article 52(2) the Secretary shall act “subject to the directions and control of his Minister…’’ It is the Cabinet Minister of Defence and not the State Minister. This status is thus challengeable legally.
When these situations are bagged together, the Ministry of Defence/relevant institutions should come under the President. However, 20A permits him to hold even any other Ministry [reintroduced Article 44(2)] and sadly this “residual power” deviates from democratic governance elements.
The 20A has revisited the issue. Taking into consideration the above-mentioned reasons only the Ministry of Defence should be handled by the President.
President the Messiah
There is a school of thought that considers the incumbent President as the Messiah who has proven prowess to accelerate action and therefore wants to “strengthen his hands,” to bring in political stability and economic revival. The successful manner the President managed the COVID-19 issues showed that for him the 19A was not a hindrance to perform efficiently and effectively.
However, considering the challenges ahead, the President requiring concentrated power is not surprising. Evening TV news everyday shows that he is attempting it. Concurrently, it is a fact that pre-2015 when Presidents had these executive powers there was an ongoing 25-year conflict. Equal development outputs were not observed during the tenures of some Presidents. Exceptional performances were based on individualistic strengths. Hence, to tag the Executive Presidency as a panacea for stability and development is a misnomer.
Emerging political contradictions
There seem to be six major political contradictions that affect political governance.
One is how the incumbent PM would bear the amendments reducing his powers substantially. Tisaranee Gunasekara has explained this, as quoted below. Agreement or not is your choice.
“Rendering the post of PM powerless is a measure of protection, in case the family is compelled by circumstances to bestow the premiership on an outsider, as a stop-gap measure. If the 20th Amendment becomes law, such a premier will be a mere cipher and will not have the power or the authority to challenge Rajapaksa primacy in any serious sense. His role will be to warm that seat until the next Rajapaksa is ready to step in.”
If true, brilliant manoeuvrering!
The second contradiction is the stance of the United National Party and break away Samagi Janabalavegaya. For them to oppose the 20A is a cautious ride. It is because the 20A basics evolved from their original Jayewardene Constitution, tinkered with by others later.
The third political contradiction is from the politicians who now venerate 20A – the by-product of the Jayewardene Constitution – the “Bahubootha vyavasthaava” (Mayhem Constitution)
The fourth extremely embarrassing political contradiction is for President Sirisena to vote for 20A, having praised 19A as the apex of democratic governance. He was the major force behind its approval in 2015. He may vote for the 20A, but his conscience will bleed until his last breath.
The fifth contradiction will arise from the expectations of the Tamil political parties who will see 20A to be the majoritarian political steamroller.
The last contradiction emerges with the speculation that the Sri Lankan Muslim Congress may support the 20A, as they did in 2010, and the sufferings Muslims experienced. Maybe, for the SLMC governance is reborn!
A historical opportunity has been given to consider solutions for the contradictions through constitutional amendments with a 2/3 majority in the Parliament. The country wishes the government will give priority to the country’s needs over personal or political group needs. It is a difficult proposition, but the government was given the unusual power to face and overcome even worse difficulties.
A short article cannot discuss the vast array of issues arising out of the abolition of the 19A. Hence, issues such as the presidential immunity, appointment and removal of Ministers and the PM, dissolution of parliament, etc., are not dealt with here though those issues certainly affect good democratic governance extensively.
There are deep ramifications of issues arising from the proposed constitutional amendments. The President must first protect himself, politically. As a democratically elected person he need not camouflage himself with an anti-democratic cloak because he has a massive vantage value unlike anyone else in his government, to take correct steps. Hence, his actions need not be at the expense of democratic governance. Regrettably, the published amendments do not show such. The sacred principles of good governance will safeguard him, us and the country.
Features
People’s mandate and judicial legitimacy
Sri Lanka is witnessing the dismantling of the culture of impunity that dominated public life for decades. This is happening through the courts, police investigations and legal process. It is not an easy task and requires strong leadership as it is generating strong resistance. The ongoing revelations about the nexus between politicians, including those at the highest levels, and criminal networks show that the government’s electoral mandate with regard to corruption and crime is now being translated into action through the legal system. The vote of the people at the last national elections was for a corruption free country and an end to the climate of impunity that had prevailed for decades. They voted for a system change that would replace impunity with accountability under the rule of law. They expected those who had looted the country and brought it to the point of bankruptcy to be held accountable through the due process of law.
The cases that are being investigated by the police, in tandem with the Attorney General’s Department, and adjudicated by the judiciary are based on hard evidence. Much of the evidence that is now receiving publicity had been available several years ago and had even entered the legal process. In the past those cases failed to reach fruition. Investigations lost momentum, prosecutions failed to marshal the available evidence and many cases were dismissed, some on technical grounds. Between 2019 and 2024, a total of 102 cases were withdrawn from the courts by the government authorities. The public knew, or strongly believed, that corruption and serious crimes had taken place. The inability to establish wrongdoing before a court of law and hold those responsible accountable created a climate in which political power appeared to provide protection from legal accountability.
A countrywide study titled Factors Guiding Voter Preference in Elections in Sri Lanka was commissioned by the National Peace Council prior to the 2024 elections under the European Union funded project Active Citizens for Elections and Democracy and conducted by researchers Dr Mahesh Senanayake and Ms Crishni Silva of the University of Colombo. It found overwhelming public support for accountability and good governance. While 93 percent of respondents identified resolving the economic crisis as their foremost electoral concern, an equally striking 83 percent said they prioritised candidates committed to fighting corruption. The mandate given to the government can, therefore, be interpreted to mean to restore integrity to public life and end the long standing culture of impunity.
Different Approach
Today, it can be seen that the police, the Commission to Investigate Allegations of Bribery or Corruption, the Attorney General’s Department and the judiciary are approaching matters of impunity in respect of corruption and crime in a manner that is markedly different from the past. Several persons who formerly occupied high office have now been subjected to due legal process and, in a number of cases, convicted after judicial scrutiny at different levels of the court system. This is an important difference from earlier years when cases involving politically prominent persons frequently failed to proceed or collapsed before reaching their conclusion. The strength of the present accountability process lies not only in the convictions that have been secured but also in the growing public confidence that no one is above the law. It is in this context that reports of a government proposal to extend by two years the retirement age of judges of the Supreme Court and the Court of Appeal have generated support from those who wish to see the present accountability process continue and opposition from those who see it as an attempt to influence the judiciary.
Many countries have increased judicial retirement ages in recognition of longer life expectancy and the value of retaining experienced judges. This has not only been limited to the judiciary but also the academia and the public service. However, the controversy in Sri Lanka is due to the context and as the proposal for an extension of the period of service of judges of the superior courts comes at a time when the courts are hearing politically significant corruption and criminal cases. The Bar Association of Sri Lanka has taken the lead in questioning the proposed constitutional amendment. The BASL has stated that it “notes with grave concern” reports that the government is considering increasing the retirement age of judges of the Supreme Court and the Court of Appeal. It has warned that extending the tenure of sitting judges at this point of time is likely to be viewed by the public as an attempt to interfere with the independence of the judiciary.
The main issue raised by the BASL is therefore one of preserving public confidence in the administration of justice. A discussion organised by the BASL also highlighted that this issue has implications beyond Sri Lanka. Representatives of the Commonwealth Lawyers Association and LAWASIA acknowledged that many countries have increased the retirement age of judges in recognition of greater life expectancy and the value of retaining experienced judges. Their concern was not with increasing the retirement age itself but with changing the tenure of sitting judges while politically significant corruption cases are before the courts. In such circumstances, even well intentioned reform could create a public perception that the judiciary is being influenced to take forward the government’s mandate in a partisan manner.
Maintain Confidence
The challenge before the government is to preserve two equally important objectives. The first is to continue implementing the people’s mandate to hold the corrupt and those responsible for grave crimes accountable before the law. The second is to ensure that nothing is done which could diminish public confidence in the independence and impartiality of the judiciary that is entrusted with carrying out that responsibility. The strength of the present accountability process lies in the confidence it has generated among the public that investigations, prosecutions and judicial decisions are being made according to law as in the convictions that have been secured. Sri Lanka has come a long way from the days when politically sensitive cases rarely reached a successful conclusion. It would be unfortunate if doubts regarding the independence of the judiciary were to overshadow what has otherwise been a significant institutional achievement.
In the face of the concerns expressed by the BASL, opposition political parties and international legal organisations, it would be prudent for the government to widen the discussion on the proposed amendment. If there is a compelling case to increase the retirement age of judges of the superior courts, that case should be placed before the public and parliament and debated openly. Such a constitutional amendment should not rest solely on the government’s parliamentary majority, even if it has the numbers to secure its passage. Simply utilising the numbers that the government on its own to make changes to the constitution will not increase its legitimacy or credibility. Those values will be strengthened if they were preceded by public consultation and supported across party lines in Parliament. Bipartisan political support can be expected from those in the opposition, of whom there are many, who have shown an inclination to practice responsible politics in the national interest.
The people voted not only to change a government but to change a system. They expected those who abused public trust to be held accountable through institutions that commanded public confidence. That expectation is beginning to be fulfilled. It should not be placed at risk by constitutional change that lacks broad public acceptance. If the government believes there is a compelling case to extend the retirement age of the judges of the superior courts, it should first make that case to the people and seek bipartisan support in Parliament with those in the opposition who are also sincere about anti-corruption and good governance. The challenge is to protect the independence of the judiciary while ensuring that no one is above the law. Overcoming this challenge is the surest way to make Sri Lanka’s transition from a culture of impunity to one of accountability a lasting one.
by Jehan Perera
Features
Intelligence-led governance: the strategic path to a sovereign nation
In an increasingly volatile and interconnected world, the strength of a nation is no longer determined solely by the size of its military, the abundance of its natural resources, or the growth of its economy. The true measure of national strength lies in the resilience of its institutions, the confidence of its people, the effectiveness of its governance, and its ability to anticipate and respond to emerging challenges before they become national crises.
The twenty-first century has introduced a security landscape that is far more complex than ever before. Nations today confront not only conventional military threats but also terrorism, organised crime, cyber-attacks, economic instability, disinformation, climate change, pandemics, energy insecurity, irregular migration, financial crimes, and geopolitical competition. These challenges are interconnected and demand integrated responses rather than isolated solutions.
To navigate this evolving environment successfully, every nation requires a shared strategic vision supported by strong institutions working in harmony. At the centre of this vision should be a modern, professional, and intelligence-led system of governance that enables informed decision-making, protects democratic values, and promotes sustainable national development.
A Shared Strategic Vision
Every successful nation should aspire towards a common national vision:
A Sovereign Nation Happy People Peaceful Society Prosperous Economy A Respected Global Partner
These are not independent aspirations but interconnected national outcomes. Achieving them requires every State institution to work collectively under a common strategic framework rather than as isolated entities pursuing individual objectives.
A sovereign nation is one that possesses not only secure borders but also strong institutions, economic resilience, social cohesion, and the confidence to make independent national decisions. Sovereignty today extends beyond territorial integrity to include economic security, cyber resilience, energy security, food security, environmental sustainability, and protection against external influence.
Good Governance: The Cornerstone
The foundation of every successful nation is good governance.
Transparency, accountability, integrity, professionalism, and efficient public administration create an environment where citizens trust their institutions and investors have confidence in the country’s future. Corruption, political interference, inefficiency, and weak institutions undermine national resilience and weaken sovereignty from within.
Good governance is not merely an administrative principle; it is a national security imperative.
When public institutions function efficiently, public services improve, economic opportunities expand, and social grievances diminish. This reduces vulnerabilities that extremist groups, organised criminals, and foreign actors often exploit.
The Rule of Law and Judicial Independence
An independent judiciary is one of the strongest pillars of democracy.
Justice must be administered impartially and without fear or favour. Citizens must have confidence that the law applies equally to everyone, regardless of social status or political influence.
Judicial independence strengthens public confidence, attracts foreign investment, and reinforces national stability. Investors are more likely to invest in countries where contracts are enforceable, disputes are resolved fairly, and property rights are protected.
Likewise, professional law enforcement agencies play a vital role in safeguarding public order. Intelligence-led policing, supported by modern investigative techniques, community engagement, and technological innovation, enables law enforcement to prevent crime rather than merely react to it.
Human Rights: A Strategic Asset
There is often a misconception that national security and human rights exist in opposition. In reality, they reinforce one another.
Respect for human dignity, equality before the law, freedom of expression, religious freedom, and constitutional rights strengthens national unity and social cohesion. Citizens who trust their institutions are more willing to cooperate with authorities, report suspicious activities, and participate in community safety initiatives.
Communities become the first line of defence against extremism, organised crime, and social unrest when mutual trust exists between citizens and the State.
Human rights should therefore be viewed not as obstacles to security but as essential components of sustainable national security.
Intelligence: The Strategic Nerve Centre
At the heart of modern governance lies an effective national intelligence network.
Traditionally, intelligence was associated primarily with military operations and counter-terrorism. Today, its responsibilities extend much further.
Modern intelligence supports political leadership by providing timely, accurate, objective, and actionable information that enables informed decision-making. It anticipates threats, identifies opportunities, and supports strategic planning across all sectors of government.
An effective intelligence system should be:
* Predictive rather than reactive.
* Preventive rather than investigative alone.
* Integrated rather than fragmented.
* Technology-driven rather than paper-based.
* People-centred rather than institution-centred.
Artificial intelligence, big data analytics, cyber intelligence, financial intelligence, geospatial intelligence, satellite imagery, behavioural analysis, digital forensics, and open-source intelligence are transforming the intelligence profession worldwide.
Countries that fail to modernise their intelligence capabilities risk strategic surprise and reduced competitiveness in an increasingly data-driven world.
Intelligence Beyond National Security
Modern intelligence should no longer be confined to counter-terrorism or espionage.
Its role should extend to supporting national development through the protection of critical infrastructure, monitoring economic trends, securing supply chains, safeguarding maritime interests, protecting natural resources, and assessing climate-related risks.
Intelligence should assist policymakers in areas such as:
* Economic planning
* Public health preparedness
* Disaster risk reduction
* Cybersecurity
* Energy security
* Food security
* Environmental protection
* Artificial intelligence governance
* Foreign policy
* Investment protection
An intelligence-led government anticipates future challenges instead of merely responding after crises emerge.
Whole-of-Government Cooperation
One of the greatest weaknesses in many developing nations is institutional fragmentation.
Government agencies often collect valuable information independently but fail to share it effectively. This creates duplication, delays, and missed opportunities.
A National Intelligence Fusion Centre should integrate information from intelligence services, police, armed forces, immigration, customs, financial intelligence units, cyber security agencies, disaster management authorities, health services, and environmental agencies.
Such integration provides decision-makers with a comprehensive national picture and significantly improves crisis management and strategic planning.
Economic Prosperity Through Security
Economic development depends fundamentally upon stability.
Foreign investors seek countries where governance is predictable, corruption is controlled, contracts are enforceable, infrastructure is secure, and political stability is maintained.
An effective intelligence system quietly protects these conditions by identifying threats to investment, monitoring organised crime, preventing financial fraud, protecting critical infrastructure, and safeguarding strategic industries.
Security and economic development are therefore mutually reinforcing.
Investment creates employment.
Employment reduces poverty.
Reduced poverty strengthens social stability.
Social stability reinforces national security.
International Partnerships
No nation can successfully confront modern threats alone.
Transnational organised crime, cybercrime, narcotics trafficking, terrorism, money laundering, illegal migration, and environmental crimes operate across borders.
Regional and global intelligence cooperation has therefore become indispensable.
Information sharing, joint investigations, coordinated maritime surveillance, and collaborative cyber defence significantly enhance national capabilities while strengthening diplomatic relationships.
Strong intelligence supports effective diplomacy.
Effective diplomacy enhances trade, investment, tourism, education, and technological cooperation.
Ultimately, international confidence contributes directly to national prosperity.
The Relationship Between National Stakeholders
National success depends upon collaboration among all stakeholders.
Government provides leadership and policy direction.
The judiciary safeguards justice.
Law enforcement protects public safety.
The intelligence community provides foresight and early warning.
Civil society strengthens social cohesion.
Educational institutions develop future leaders.
The private sector generates investment and innovation.
International partners facilitate trade, cooperation, and knowledge sharing.
Citizens themselves remain the most important stakeholders.
When these institutions operate with mutual trust, shared objectives, and effective coordination, they create a resilient State capable of responding confidently to both domestic and international challenges.
The Strategic Path Forward
Every nation requires a long-term vision rather than short-term political agendas.
That vision should place national interest above partisan interests and institutional collaboration above bureaucratic competition.
The pathway is straightforward:
Good Governance Independent Judiciary Professional Law Enforcement Protection of Human Rights Effective National Intelligence Network Political Stability Investor Confidence Economic Growth Foreign Direct Investment Peaceful Society Happy People A Sovereign Nation
This strategic chain demonstrates that sovereignty is not achieved through military strength alone. It is the cumulative outcome of good governance, justice, intelligence, economic resilience, and public confidence.
The future belongs to nations that can anticipate change, adapt rapidly, and make informed strategic decisions. Intelligence must therefore evolve from being viewed solely as a security function to becoming a central pillar of national governance and development.
A modern intelligence network should serve as the strategic nervous system of the State—connecting governance with justice, justice with security, security with economic prosperity, and prosperity with international respect.
A sovereign nation is ultimately one where institutions are trusted, citizens are protected, rights are respected, opportunities are created, and decisions are guided by knowledge rather than assumption. When all stakeholders work in harmony under a shared strategic vision, the result is a nation that is secure, prosperous, peaceful, and respected on the global stage.
The challenge before every developing nation is therefore not simply to strengthen its security apparatus but to embrace Intelligence-Led Governance as a national philosophy—one that integrates good governance, rule of law, human rights, innovation, and strategic foresight into a unified framework for sustainable national development. Such a vision will not only safeguard sovereignty but also ensure that future generations inherit a nation defined by stability, prosperity, and enduring peace
By Mahil Dole, SSP (Rtd.)
Features
The perfect victim: How institutions respond
It has been almost two months since the judgement of Abeyasinghe v Tilakaratne and others by the Supreme Court. Since then, I have often been asked a simple question, which I, too, have asked myself. “Has anything actually changed?” My answer is both yes and no. Judgements can uphold the law, direct institutions and clarify principles. But they cannot, by themselves, change cultures.
I shall take the liberty of writing this piece because, in the weeks following the judgment, I have found myself reflecting less on the outcome of the case and more on what it reveals about our institutions. Yet institutions do not change simply because a court has spoken. They change only when they are willing to question long-held assumptions, reflect honestly on their procedures and practices, learn from their shortcomings and act decisively to foster a culture that places accountability at its centre.
The myth of the perfect victim
One such assumption is about the conduct of the Ideal or Perfect victim. The concept of the “ideal victim” was first articulated by the Norwegian criminologist Nils Christie in 1986. Interestingly, Christie was not concerned with identifying those most likely to become victims of crime. Instead, his question was who is most readily recognised and accepted by society as a “real” victim? Society is often more willing to extend sympathy and credibility to victims who fit a particular stereotype. According to Christie, the “ideal victim” is someone perceived to be weak and vulnerable, engaged in a respectable activity, in a place where they have every right to be, harmed by someone clearly viewed as “big” or “bad,” and, importantly, a stranger rather than someone they know. These characteristics continue to influence how victims are perceived today. Although we may not consciously apply such criteria, they often shape our instinctive judgments about who deserves to be believed.
In the context of sexual violence within universities, the assumptions surrounding the ideal victim quickly begin to unravel. Power relationships within universities are often complex, and professional relationships may have existed before the misconduct. The alleged perpetrator may not be a stranger but a lecturer, supervisor, colleague, or fellow student. The complainant may continue interacting with the alleged perpetrator because academic progression or employment leaves little choice. When a victim does not fit the mould of the “perfect victim,” attention shifts away from the conduct of the alleged perpetrator and towards the conduct of the complainant.
What should be kept in mind is that victims respond to trauma differently. Some report immediately; many do not. Some become emotional; others appear composed. Some resign from their workplace, while others continue to work because they have no realistic alternative or because they wish to confront the violence head on. Some preserve every piece of evidence; others delete messages simply because they cannot bear to see them again. Yet these perfectly human responses are often interpreted as reasons to doubt credibility.
Universities provide a particularly complex setting for this phenomenon. Most complainants do not initially seek justice. More often, they simply want the harassment to stop so that they can continue their education or employment in an environment where they feel safe. Sometimes victims make anonymous complaints, not because they wish to avoid accountability, but because anonymity provides the only sense of security they have. During preliminary inquiries/ fact finding processes, confidentiality can often be maintained. However, if the matter proceeds to a formal disciplinary process, complainants are usually required to reveal their identities. It is at this point that many decide not to proceed further, not because the harassment did not occur, but because the personal cost of pursuing justice becomes overwhelming.
Perhaps this should prompt us to ask a different question. Instead of asking why anonymous complaints exist or why complainants don’t come forward (sooner), should we not ask why so many complainants feel unsafe engaging with the institutional process?
The subject of scrutiny
When survivors do come forward, they frequently encounter another familiar phenomenon, victim blaming.
“Why didn’t you complain earlier?”
“Why didn’t you go to the police?”
“If you were sexually harassed, why are you still working there?”
“Why did you continue interacting with him?”
“The reason this happened is because you showed positivity towards him.”
“There is no smoke without fire.”
Although these questions appear different, they have something in common. They all examine the behaviour of the complainant. Very few begin by asking why the alleged perpetrator behaved in the way described. The familiar proverb, “There is no smoke without fire,” is often used to suggest that the complainant must have done something to invite the misconduct. Yet perhaps we have misunderstood where the fire lies. The fire is not the complainant’s behaviour. The fire is the conduct of the alleged perpetrator. The complaint is the smoke that finally becomes visible.
These responses also reveal another contradiction. If a victim complains immediately, some might question their motives. If they delay, the delay becomes the issue. If they resign, they may be described as unstable or unable to cope. If they remain in employment, their continued presence is taken as evidence that the misconduct could not have been serious or that it never had happened. If they show emotion, they risk being dismissed as irrational. If they remain composed, they may be accused of exaggerating. In truth, there is often no version of events in which a complainant can satisfy every expectation placed upon them. If our systems only work for the “perfect victim,” then they were never truly designed for victims at all.
The silence that speaks
The recent judgment also prompted me to reflect on another aspect of institutional culture, silence. Within academia, even discussing judgments concerning one’s own institution may be framed as bringing the institution into disrepute. Such framing places academics in an impossible position. Those who speak are sometimes portrayed as being disloyal or as failing to respect the institution they serve. Yet genuine respect for an institution should not require silence in the face of injustice. Universities are places that encourage academic freedom, critical inquiry, evidence-based reasoning, and intellectual debate. They should, therefore, be places where uncomfortable conversations are not avoided but embraced.
The relative silence surrounding the judgment in academia raises important questions. Does silence reflect satisfaction that justice has been served? Does it reflect concern about damaging the reputation of one’s university? Does it reflect uncertainty about whether difficult institutional conversations are welcome? Or does it reflect a real or perceived fear of professional consequences for speaking openly? These are questions that deserve thoughtful reflection.
Post judgement reflections
At the same time, my experience in the weeks following the judgment has also been one of hope. Individuals who have experienced different forms of abuse have quietly come forward to share their own stories with me. Some have sought legal advice. Others have simply wanted someone to listen. Their experiences remind me that judgments do more than resolve disputes between parties. They send messages to those who have remained silent, that seeking justice remains possible. Perhaps that is one answer to the question I posed at the beginning of this article. Has anything actually changed? For some victims, I believe the answer is yes. A judgement can restore hope and encourage those who had previously felt that their voices would never be heard.
Yet judgments alone cannot erase trauma, restore lost years, or undo the personal and professional consequences that many victims endure. Courts can interpret the law, but they cannot, by themselves, transform institutional culture. Culture changes only when institutions and university communities are willing to learn from judgments rather than merely comply with them. It changes when realities of power imbalances are recognised, when credibility is assessed through evidence rather than stereotypes, and when the question “Why did the victim not come forward sooner?” is replaced with “What conditions made it so difficult for the victim to come forward?” Ultimately, the true value of a judgement lies not only in the orders it makes, but also in the conversations it inspires and the institutional self-reflection it demands. Whether anything truly changes will not depend on the judgement itself, but on whether institutions have the courage to learn from them.
(Udari Abeyasinghe is attached to the Faculty of Dental Sciences at the University of Peradeniya)
Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.
by Udari Abeyasinghe
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