Midweek Review
Visit to Moscow amid US travel ban
By Shamindra Ferdinando
General Shavendra Silva’s recently concluded visit (Oct 23 to Oct 30) to Russia should be examined against the backdrop of an unprecedented travel ban by the United States on the Sri Lanka Army Commander over hearsay war crimes accusations, including extrajudicial killings, during the last phase of the Vanni offensive.
Sri Lanka brought the war to a successful conclusion on the morning of May 19, 2009, on the banks of the Nanthikadal lagoon, despite a chorus of ‘expert’ opinion generated by the West over the years claiming that the country’s armed forces were incapable of defeating the LTTE and they had literally elevated the Tigers to a mythical and invincible status.
Combined Sri Lankan armed forces, however, conducted a relentless campaign, over a period of two years and 10 months, until Velupillai Prabhakaran was trapped in the one-time LTTE stronghold Mullaitivu. Prabhakaran was killed the day after the then General Sarath Fonseka’s Army declared the end of the war, on May 18, 2009. The Vijayabahu Infantry Regiment (VIR) was credited with the killing of Prabhakaran and recovery of his body more or less intact.
The US, one of the worst violators of human rights in many conflict zones, in the world, imposed a politically-motivated travel ban on General Silva, the first General Officer Commanding (GOC) of the much-celebrated 58 Division (formerly Task Force I).
Having launched offensive operations in early Sept 2007, from the Western front, the area popularly known as the Mannar rice bowl, the TF 1 troops fought their way northwards, captured Pooneryn (late Nov 2008) and then turned eastwards, crossed the Kandy-Jaffna A9 road, at Paranthan, and in quick succession stormed enemy defences at Elephant Pass and also brought Kilinochchi South under their control by early January 2009. With the fall of Kilinochchi, the Army stepped up offensive action leading to the final confrontation with Prabhakaran on May 19, 2009 in the environs of the Nanthikadal lagoon.
It must be noted here that Fonseka’s Army changed overall tactics in the northern and eastern theatres. The enemy simply had no answer to several fighting formations advancing on its bases and troops causing havoc, deep inside enemy held territory.
It would be pertinent to mention that the Army-raised TF 1 comprising two infantry Brigades on August 31, 2007, at Irattaperiyakulam camp under the leadership of the then Brigadier Chagie Gallage who carried out the first successful mission which resulted in the liberation of Silavathurai.
Earlier in April of that year, men Gallage led, captured the Thoppigala base of the Tigers, which some thought was impregnable. After its capture, ironically, then Opposition Leader Ranil Wickremesinghe tried to denigrate the victory as just the capture of a rock outcrop. We can recall that when Brig. Gallage went to announce the capture of the Tiger Jungle base at Toppigala he drove his own jeep like an ordinary soldier with a staff officer next to him also dressed like an ordinary soldier, but the media that had converged at his base close to the Black Bridge Batticaloa were not aware of the important if not symbolic achievement till it was announced over the TV and radio that night.In fact, Gallage spearheaded the Eastern campaign except the action at Mavilaru, conducted by the then Brigadier Prasanna Silva.
While TF 1 was steadily advancing from the Mannar Rice Bowl, Brig. Gallage suffered a heart attack in the Vanni west, Gallage had to undergo emergency surgery in Colombo. Fonseka brought in Shavendra Silva to command TF 1. The Army never revealed at that time military strategist Gallage suffered a heart attack on Oct 22, 2007, the day the LTTE mounted a commando-style raid on the Anuradhapura air base. Because of the calamity at the air base, Gallage had to be taken by chopper to Sigiriya air base and then flown to Ratmalana air base in a fixed aircraft. The rest is history.
Army Chief blacklisted
The US blacklisted Gen. Silva close on the heels of Commander-in-Chief of the Russian Ground Forces, General Oleg Salyukov’s five-day visit to Colombo in early Feb 2020 on the invitation of his Sri Lankan counterpart the then Lieutenant General Shavendra Silva. General Salyukov extended an invitation to General Silva to visit Russia though the eruption of Covid-19 epidemic prevented him from leaving the country as he was appointed as the head of the Task Force appointed to prevent the spread of the pandemic.
General Silva’s wife, Sujeewa Nelson accompanied him on his second foreign visit since the imposition of the US travel ban. Their first overseas visit was in March 2021 to Islamabad on the invitation of the country’s all-weather friend Pakistan. General Silva and Sujeewa Nelson were invitees at Pakistan’s national military parade. A section of the foreign media condemned and disputed Pakistan’s invitation to General Silva on the basis of him being among those accused of war crimes.
Having solidly defended Sri Lanka at the Geneva-based United Nations Human Rights Council (UNHRC), both Pakistan and Russia have absolutely no qualms in inviting General Silva. Both countries voted against anti-Sri Lanka resolutions spearheaded by the West moved in Geneva.
The timing of the US ban underscored the Superpower’s intention to meddle in local politics. The announcement was made between the last presidential election held in mid-November 2019 and the parliamentary polls in August 2020. It would be pertinent to mention that the parliamentary polls, scheduled for April 25, 2020, had to be put off to August due to the Covid-19 eruption. The UNP suffered a very heavy defeat with the over 70 year-old party that had 106 MPs in Parliament (2015-2019) being reduced to a solitary National List slot.
Most probably the US never expected the then Maj. Gen. Silva to receive an opportunity to command the Sri Lanka Army. Had that happened, the US wouldn’t have had to blacklist the highly decorated soldier. Obviously, the UNP-led government and the then President Maithripala Sirisena didn’t agree on how to deal with Silva.
The failed constitutional coup in late Oct 2018 ruined the political relationship between President Sirisena and Premier Ranil Wickremesinghe. Therefore, no one would have been surprised by the yahapalana leaders’ disagreement on the Army Commander’s appointment.
President Sirisena appointed the distinguished ground combat commander as the 23rd Commander of the Army on August 18, 2019. Maj. Gen. Silva was also elevated to the rank of Lieutenant General effective the same date. Had efforts to deprive Silva of the top position succeeded, the US wouldn’t have had to play politics with the Sri Lankan military by imposing a controversial travel ban on him. Or had the Presidency been in the hands of the UNP it would have appointed one of its uniformed ‘yes’ men as the new Army Commander and definitely not one who helped to defeat the most ruthless terror outfit in the world.
Whatever the reasons, the stand taken by President Sirisena, the Commanding-in-Chief of the armed forces as well as the Defence Minister should be appreciated.
Following wartime Defence Secretary Gotabaya Rajapaksa’s triumph at the Nov 2019 presidential election, Silva was promoted to the rank of a 4-star General on Dec 28, 2020. With the retirement of Admiral Ravi Wijegunaratne on Dec 31, 2019, Gen. Silva was named the Chief of Defence Staff. Six weeks later the US categorised General Silva as a war criminal.
Denigration of an Army Chief
Why did the US categorise General Silva a war criminal well over a decade after the conclusion of the war? Let me remind the reader that Silva, in 2010, received the appointment as Deputy Permanent Representative of Sri Lanka to the United Nations, in New York. Silva is the one and only serving military officer in Sri Lanka’s history to be promoted to an ‘Ambassadorial’ rank in the country’s Foreign Service. Most importantly, why on earth the US found it necessary to declare Silva a war criminal having backed the war-winning General Sarath Fonseka’s candidature at the 2010 January presidential election.
In fact, the US played a significant role in building up a UNP-led coalition that included the Tamil National Alliance (TNA) in support of Fonseka. War crimes accusations against the Army seemed ridiculous against the backdrop of all predominantly Tamil speaking electoral districts in the North and the East voting overwhelmingly for Fonseka. But, incumbent President Mahinda Rajapaksa polled 1.8 mn votes more than Fonseka. The silly Opposition blamed Fonseka’s defeat on what the late JVP leader Somawansa Amarasinghe called a computer jilmart.
When the then government arrested Fonseka under controversial circumstances and was sentenced, the US intervened on the retired General’s behalf despite then US Ambassador Patricia Butenis having named Fonseka a war criminal along with the Rajapaksa brothers, Mahinda, Basil and Gotabaya. Butenis assertion is in the public domain thanks to secret Wiki Leaks. Butenis’ cable sent just weeks before the January 2010 presidential election underscored duplicitous US strategy.
Ten years after the 2010 presidential election, US Secretary of State Mike Pompeo tweeted: “I am designating Shavendra Silva making him ineligible for entry into the US due to his involvement in extrajudicial killings during Sri Lanka’s Civil War. The US will not waver in its pursuit of accountability for those who commit war crimes and violate human rights.”
Designation of the Army Chief took place soon after Pompeo declared the US looked forward to deepening ties with Sri Lanka. How did the US expect to improve ties by blacklisting a hugely popular Army Chief?
In a previous statement, Pompeo said that allegations of gross human rights violations against Shavendra Silva had been documented by the United Nations and other organisations. US sanctions barred both Silva and his immediate family members from entering the US.
“The Government of Sri Lanka takes strong objection to the imposition of travel restrictions on Lieutenant General Silva and his immediate family members by the Government of the United States, based on independently unverified information,” the Foreign Ministry said in a statement.
Lanka responds to US
Sri Lanka’s Ambassador in Washington Rodney Perera declared that the US decision hadn’t been based on independently verified information, but on the much-disputed OISL Report of 2015 and accusations propagated by various other organisations.
Ambassador Perera urged the US to verify the authenticity of its sources of information. Ambassador Perera said so addressing the American Foreign Service Association Club in Washington D.C. The gathering included several former U.S. Ambassadors and senior officials who served in Colombo.
Commenting on the inclusion of the family members of the Army Commander on the blacklist, Ambassador Perera declared: “Even though we are now in the 21st Century, even members of his family who have not been accused of any wrongdoing, have been subjected to a collective punishment reminiscent of the practice in medieval Europe.”
The career diplomat assured Sri Lanka would remain strongly engaged on this issue with the United States to have it review its decision. The assurance was given about a week after the US blacklisted the much decorated soldier. What have we done since then to disapprove unsubstantiated war crimes allegations against General Silva? In fact, the despicable project against the Commander of the Army is nothing but an affront to the country. Parliament never really took up the Western powers’ campaign against the war-winning military here. During Karu Jauasuriya’s tenure as the Speaker, the UNP politician never bothered to take it up with Western diplomats. One shouldn’t be surprised over that, as his party betrayed the military by co-sponsoring an accountability resolution on Oct.01, 2015. However, the failure on the part of incumbent Speaker Mahinda Yapa Abeywardena to speak on behalf of the military when foreign diplomats called on him, cannot be justified.
Before General Silva undertook the visit to Russia, Chief of Indian Army Staff General Manoj Mukund Naravane was here. In spite of India being a US ally, New Delhi went ahead with its Army Chief’s visit to Colombo. Naravane had been here with the Indian Peace Keeping Force during its deployment in terms of the Indo-Lanka Accord and had been based in Trincomalee. Now, the issue is how is it that those countries demanding action against the Sri Lankan military for eradicating terrorism on its soil are silent on India’s accountability issues here. Unfortunately, Sri Lanka lacked the political will to present its case properly before the international community.
Failure on the part of successive Sri Lankan governments to address accountability issues since the end of the conflict has underscored utter irresponsibility on the country’s part. Against that pathetic background, the Russian invitation extended to Gen. Silva is of paramount importance.
Considered to be one of the highest honours, presented in recent times, the formal and elegant Guard of Honour parade with four squads of the Russian Land Forces, together with a Russian Army band distinctively featured the significance and the recognition the Russian Land Forces attach to the visiting Sri Lankan Army Chief.
General Silva after formal honours was ushered to pay floral tribute to the monument at Alexandrovsky Garden of Moscow Kremlin where the Tomb of the Unknown Soldier stands.
During General Shavendra Silva’s stay in the Russian Federation, he visited the Moscow Higher Combined Arms Command School and met its Commandant, Major General Roman Binyukov, Division Commander of the 4th Guards Tank Division in Naro-Fominsk and the Commandant at Mikhailovskaya before he visited the Military Artillery Academy, Military Medical Academy and several other places of military and tourist attractions.
Saliyapura bombshell
The writer earlier mentioned the change of command of the TF 1 in Oct 2007 following Gallage’s predicament, but what is of far more importance is what he said at Saliyapura Gajaba Regimental headquarters in the first week of Sept 2018 as his farewell speech when he retired from the service after an illustrious military career, much of it having spent leading combat troops. Gajaba veteran General Gallage didn’t mince his words when he questioned how having served the Army for well over 30 years he was compelled to retire being categorised as a war criminal. Why did Gallage have to say that? Gallage had sought a visa in Sept 2016 to visit his brother living in Australia. He wanted to visit Australia from Dec. 2016 to January 2017. Gallage’s brother, an Australian citizen of Sri Lankan origin, had visited Colombo especially to make representations to the Australian HC.
Following that meeting the Australian department of Immigration and Border Protection issued a report titled ‘Potential Controversial Visitor’ citing war crimes and crimes against humanity as reasons for denying Gallage a visa.
In the absence of specific accusations against Gallage, Australia found fault with him for giving leadership to the 59 Division after the conclusion of the war. In other words, those who commanded fighting formations during the war (Divisions 58, 59, 57, 53, 55 et al) on the Vanni front and after can be humiliated. Gallage’s is a case in point.
Interestingly, the Army celebrated its 72 anniversary at the Saliyapura base last Oct with the participation of President Gotabaya Rajapaksa formerly of the Gajaba Regiment. In his speech at Saliyapura, Rajapaksa, who retired having achieved Lieutenant Colonel’s rank (1971-1992), acknowledged shortcomings on the part of his government. The government should examine the aptness of its response to war crimes accusations. President Rajapaksa made reference on Nov 6 to Sri Lanka having to face Geneva accusations though in a different context.
Designation of the Army Chief should be examined taking into consideration overall war crimes accusations directed at Sri Lanka. How can the government forget the US declined to issue a visa to Field Marshal Sarath Fonseka and the circumstances?
Haven’t those in authority observed how Canada and Italy rejected retired Air Force Commander Air Marshal Sumangala Dias as Sri Lanka’s top diplomatic envoy?
British Conservative politician Lord Naseby in an interview with this writer in late Sept 2019 questioned Sri Lanka’s response to the accountability issue (Naseby disappointed in Lanka’s collective failure to use ‘Gash reports’ for its defence-Sept 25, 2019, The Island.’
Why didn’t Sri Lanka continue to refrain from effectively using British cables that had been obtained by Lord Naseby after near a three-year legal battle and wartime US Defence Advisor Lt. Colonel Lawrence Smith’s taking a view 100 percent contrary to the US and its allies as regards the accountability issue, at the 2011 Colombo Defence seminar? Nothing can be as important as the US official’s statement exclusively reported by The Island as it was made just two months after the much debated highly controversial Darusman report’s release. The split in the war-winning team with Fonseka’s entry into politics in late 2009, too, also contributed to Sri Lanka’s overall failure. Instead of countering lies, the first Rajapaksa administration squandered millions of USD in foolish image building projects.
Sri Lanka’s relations with the world should be examined in the context of Quad strategies and new trilateral security partnership AUKUS under which Australia would get a fleet of nuclear-powered submarines for the first time and Sri Lanka’s strong partnership with China. The ongoing controversy over Sri Lanka moving the Colombo Commercial Court against top Chinese fertiliser company, its local agent and the People’s Bank to stop payment for carbonic fertiliser consignment shouldn’t be allowed to ruin relations between the two countries. Like Pakistan, the emerging world power China is an all-weather friend, whose continuing support to Colombo is essential. Therefore, the issue at hand should be dealt carefully taking into consideration all factors. But, under no circumstances, should corruption be allowed to undermine Lanka-China relations.
Midweek Review
22A: Developing constitutional quagmire
The government’s high profile project to enact the 22nd Amendment failed to secure any tangible support from anyone outside the NPP, in Parliament or outside. In a statement, the Illankai Thamil Arasu Kadchi (ITAK) noted that the proposed amendment concerned the sovereignty of the people and, therefore, required approval through a referendum. The ITAK, a key member of the six-party Political Council of Tamil-Speaking people (PCTSP) and the second largest party in the Northern and Eastern Provinces, other than the NPP, is opposed to President Dissanayake’s move. Tamil Progressive Party (TPA) leader and former Minister Mano Ganeshan, also of the PCTSP, has rejected the 22nd Amendment. The Island learns that all political parties, represented in the PCTSP, are opposed to the proposed Amendment.
The NPP obtained the most seats at the Parliamentary General Election 2024. Other parties that managed to gain seats in Parliament are the Samagi Jana Balawegaya (SJB/40 seats), Ilankai Tamil Arasu Kadchi (ITAK/8 seats), New Democratic Front (NDF/5 seats), Sri Lanka Podujana Peramuna (SLPP/3 seats), Sri Lanka Muslim Congress (SLMC/1), Sarvajana Balaya (SB/1), United National Party (UNP/1), Democratic Tamil National Alliance (DTNA/1), All Ceylon Tamil Congress (ACTC/1), All Ceylon Makkal Congress (ACMC/1), Jaffna – Independent Group 17 (IND17-1) and the Sri Lanka Labour Party (SLLP/1).
Timeline
* March 30, 2026, BASL wrote to Justice and National Integration Minister Harshana Nanayakkara seeking a meeting to discuss 22A
* May 25, 2026, BASL wrote to President Dissanayake seeking a meeting to discuss the same
* July 16, 2026, BASL wrote again to the Justice Minister underscoring the failure on his part and the President to respond to previous letters
* July 27, 2026, NPP executive committee member advocate Lal Wijenayake declared opposition to the government move
* July 29, 2026, BASL met the Justice Minister, sought a meeting with President Dissanayake
* July 31, 2026, Mahanayakes of four Chapters (Nikayas) wrote a joint letter to President Dissanayake urging him not to go ahead with the 22nd Amendment. But, the Mahanayakes refrained from releasing the letter to the media
* August 3, 2026, BASL disclosed the Mahanayakes’ letter to the President. Justice Minister Nanayakkara, accompanied by Health and Media Minister Dr. Nalinda Jayathissa, visited the Mahanayakes to explain the government stand. But, they denied receiving the crucial letter
* August 7, 2026, UN requested President Dissanayake, in no uncertain terms, to abandon the move.
* August 11, 2026, Government admitted receiving the Mahanayakes letter
* August 18, 2026, 22nd Amendment Bill presented in Parliament. Those opposed to the constitutional amendment began filing petitions. The BASL led the way. By 24 August, 21 petitions were filed.
* August 20, 2026, Catholic Bishops’ Conference urged the government not to proceed without adequate consultations.
* August 24, 2026, BASL, in a motion filed in the Supreme Court, suggested that Chief Justice Preethi Padman Surasena recuse from hearing the petitions
By Shamindra Ferdinando
In support of the ruling National People’s Power (NPP) government’s highly contentious move to enact the 22nd Amendment to the Constitution despite worldwide condemnation by eminent jurists, meant to extend the retirement ages of superior court judges, NPP leader and President Anura Kumara Dissanayake will address a series of countrywide meetings.
Dissanayake is also the leader of the Janatha Vimukthi Peramuna (JVP), the main constituent of the governing party.
Justice and National Integration Minister and Attorney-at-Law Harshana Nanayakkara, on 18 August, 2026, tabled the controversial 22nd Amendment Bill in Parliament. Nanayakkara also tabled the Judicature (Amendment) Bill on the same day. That will pave the way for the increase of the retirement ages of High Court judges to 63 years, and District Court and Magistrate Court judges to 62 years. The government wants to increase the retirement ages of Supreme Court and Court of Appeal judges to 67 and 65, respectively.
However, the government has proposed a six-year term for the Chief Justice but he/she will have to retire at the new mandatory retirement age of 67.
Health and Media Minister, as well as Cabinet spokesman Dr. Nalinda Jayathissa, recently announced the decision to launch the high profile propaganda campaign on 5 September. The NPP and JVP leader has vowed to enact the 22nd Amendment, come what may.
Dissanayake, who took over the party leadership on 2 February, 2014, at the 17th convention of the JVP, and formed the NPP in 2019, has indicated that he wouldn’t, under any circumstances, give up the 22nd Amendment. Dissanayake didn’t mince his words when he received a top level delegation of the Bar Association of Sri Lanka (BASL) at the Presidential Secretariat, on 12 August, to discuss the burning issue wracking the country. It would be pertinent to mention that the BASL raised the issue with Dissanayake, on 25 May, after Nanayakkara ignored their first request, made on 31 March.
The Supreme Court will hear over 20 petitions challenging the constitutionality of the 22nd Amendment Bill. Now that the matter is before the Supreme Court, the main opposition Samagi Jana Balawegaya (SJB) shouldn’t have sought to involve the BASL in a futile attempt to educate the NPP parliamentary group. The BASL, too, should know better. The BASL and SJB are among those who moved the Supreme Court. Against that background it would be unthinkable that the NPP parliamentary group wants to listen to BASL. Government activists, on Monday (24), organised a protest outside BASL Secretariat, NO. 153, Mihindu Mawatha, Colombo 12 demanding the resignation of BASL President Rajeev Amarasuriya.
SJB and Opposition Leader Sajith Premadasa clashed in Parliament with the leader of the House Bimal Rathnayake over his bid to bring in the BASL team to address the whole Parliament. NPP National List lawmaker Najith Indika declared on X that “the Opposition Leader couldn’t call all MPs for meetings. BASL either does not follow parliamentary procedure or knows how to manipulate public perception.”
The Supreme Court will receive petitions during two weeks, after the tabling of the Amendment. The Court should inform the Speaker of its determination within three weeks. Parliament will receive that determination ahead of President Dissanayake completing his second year in Office. The last presidential election was held on 21 September 2024.
Dissanayake won a five-year term and in November, the same year, led the party to a resounding victory at the parliamentary poll. The NPP/JVP position is that both Bills can be enacted with a 2/3 majority. With a mammoth 159 seats in Parliament, the government is confident that its political project can be easily achieved. But, the NPP operation has run into significant opposition with the United Nations, throwing its weight behind the BASL-led campaign.
Tabling of the two Bills on 18 August coincided with the 39th anniversary of the JVP grenade attack on the UNP parliamentary group, in the wake of the signing of the Indo-Lanka peace accord in 1987. Ajith Kumara, at that time a minor parliamentary employee, lobbed a hand grenade at the UNP group meeting, chaired by President J.R. Jayewardena. Prime Minister Ranasinghe Premadasa, too, was present. The then National Security Minister Lalith Athulathmudali narrowly escaped death in the attack that took place in the Committee Room 1 of Parliament. Deniyaya MP and Matara District Minister Keerthi Abeywickrema was killed. The writer covered the funeral, held on 22 August, 1987, at the playground of the Morawaka Maha Vidyalaya. Then the young Minister in charge of Youth Affairs and Employment, Ranil Wickremesinghe, was among those who represented the government at the funeral.
Kumara had been recruited as a sweeper by no less a person than the then Secretary General of Parliament, Nihal Seneviratne. Had Kumara been a member of the proscribed JVP at the time he joined the parliamentary staff or did the JVP approach him later?
The Colombo High Court acquitted Ajith Kumara on 12 October, 1990, and released him from custody on 6 August, 1993. Subsequently, the JVP accommodated Ajith Kumara on the party’s politburo and paved the way for him to contest the Sabaragamuwa Provincial Council poll on the JVP ticket. With fat hopes the JVP named him their chief ministerial candidate.
Key Opp demands
Pointing out that the matter before the Supreme Court judges related to them, the BASL requested that a bench consisting of a full court, comprising all the judges, be constituted to determine the constitutionality of the 22nd Amendment Bill. The BASL also requested the Supreme Court to determine that the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.
In the alternative, the BASL sought determination that Clause 2 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum and Clause 3 of the Bill is inconsistent with Article 3 of the Constitution and required approval by the people at a referendum.
Essentially, all petitioners have requested for a full court, comprising all Supreme Court judges and a referendum, if ordered, it’ll be the second instance. The first referendum was held in December 1982. The UNP that won an unbeatable 5/6 majority in a 168-member Parliament, at the 1977 parliamentary election, obtained a mandate of the people to extend the life of Parliament by six years. That utterly undemocratic, unreasonable and treacherous act contributed to the overall deterioration of the country. By the time the 1989 parliamentary poll was held, the police, backed by the armed forces, were fighting the JVP in the South, and the Indian Army, deployed in the Northern and Eastern regions, in terms of the Indo-Lanka Accord.
Former External Affairs Minister Prof. G. L. Peiris, convenor of the Joint Opposition grouping, too, moved the Supreme Court against the 22nd Amendment, and General Secretary of the SJB Ranjith Maddumabandara did the same. Altogether there were nearly two dozen petitioners
Ex-Law Professor Peiris has vigorously campaigned against the government move, and the weekly media briefing. held at former President Wickremesinghe’s Flower Road Office, has become the focal point of the Opposition campaign. Peiris insists that the Supreme Court shouldn’t hear the petitions as justices were direct beneficiaries of the proposed Amendment. Therefore, determination should be made at a referendum. In case the Supreme Court decides to hear the petitions, the full court consisting of all judges should be constituted to determine the constitutionality of the 22nd Amendment Bill, the former parliamentarian has asserted.
As repeatedly stressed by Prof. Peiris, two previous determinations by the Supreme Court that the alteration of superior court judges’ retirement ages should be subject to a referendum cannot be disregarded, under any circumstances. One of the determinations is of crucial importance as former Chief Justice Murdhu Fernando (December 2024 to July 2025) served on the three-member bench that made the far reaching announcement in 2022.
But, the BASL made an unexpected move on Monday. Close on the heels of its petition against the 22nd Amendment to the Constitution, the BASL filed a motion in the Supreme Court suggesting that Chief Justice Preethi Padman Suresena recuse from hearing petitions.
Petitioners BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva cited Attorney General as the respondent in a motion filed in terms of Article 121 read with Article 120 of the Constitution to determine whether the Bill, titled “Twenty Second Amendment to the Constitution,” or any part thereof, is required to be passed by a Referendum in terms of Article 83 of the Constitution.
The BASL pointed out that the first Judge of the Supreme Court, who would benefit if this Bill is enacted into law without the process of a referendum, is the Chief Justice, and further that if a referendum is mandated, then that there is a possibility that the Chief Justice may retire before its completion, and if for those reasons, the Chief Justice wished to recuse from hearing this matter, then the petitioners have requested the Chief Justice to constitute a bench comprising of all other judges in Supreme Court.
The maximum number of Supreme Court and Court of Appeal judges are 17, including the CJ and 20 judges ,including the President of the Court of Appeal, respectively. The NPP caused controversy by not filling vacancies among the superior court judges with the Opposition alleging there were four vacancies each. There’ll be another vacancy among the Court of Appeal judges in the first week of September.
The warning issued by the UN following a spate of other statements from various local and international bodies has brought tremendous pressure on the government. Having initially denied any knowledge of a joint letter, dated July 31, addressed to President Dissanayake by the Malwatta, Asgiriya, Amarapura and Ramanna chapters, the government, on 11 August, admitted the President received the letter.
However, the Catholic Bishops Conference publicly commented on this issue, only on 20 August, after all other concerned parties censured the government over the move. A section of the civil society that portrayed the 22nd Amendment as the panacea for a mountain of cases held up in courts had no option but to sing a different tune after the UN warned the NPP government over the pet project that seemed to have backfired. The UN’s position rattled the government and its backers.
18A and 20A
War-winning President Mahinda Rajapaksa enacted 18th Amendment to the Constitution in early September 2010. That despicable political project did away with a two-term time limit for the executive president and expanded presidential powers over independent commissions. That Bill received 161 votes, two more than the NPP parliamentary group. But, 18A didn’t do any good for President Rajapaksa or his party. Maithripala Sirisena, General Secretary of Mahinda Rajapaksa’s party, betrayed him, won the 2015 presidential election, and created an utterly undesirable political environment that, over a period of 10 years, ruined the country’s major political parties.
The emergence of the NPP as the dominant power should be examined taking into consideration the deterioration of the UNP, SLFP and the SLPP. The UNP and SLFP are no longer represented in Parliament while the SLPP that won a commanding 145 seats at the 2020 parliamentary poll was reduced to just three lawmakers in Parliament. SLPP’s National Organiser Namal Rajapaksa was so concerned about the transformation of the political environment he took refuge in the National List. Had he not taken that precaution, he wouldn’t be in Parliament today. While the SLPP deteriorated from 145 seats to just three, the NPP, whose 2020 parliamentary group consisted of just three, including one National List member (Dr. Harini Amarasuriya) ended up taking 159 seats, the best results achieved under the Proportional Representation system introduced in 1989.
Having handsomely won the 2019 presidential election, Gotabaya Rajapaksa brought in the 20th Amendment aimed at further consolidating his hold on power. Basil Rajapaksa, a dual citizen of Sri Lanka and the US, wanted to enter Parliament through the National List. The Rajapaksas removed a particular clause through the 19th Amendment to enable Basil Rajapaksa to enter Parliament. Subsequently, the SLPP accommodated Basil Rajapaksa in the Cabinet as the all-powerful Finance Minister. He succeeded Mahinda Rajapaksa in July 2021. But by then, the national economy had suffered irreparable damage and the 20th Amendment, meant to consolidate executive power, seemed irrelevant. Public protest campaign that received overt and covert US and Indian backing was launched in March 2022, leading to President Gotabaya Rajapaksa’s unceremonious ouster in July of same year due to India and Western backed violent protests.
The 18th Amendment and the 20th Amendment were enacted at the expense of particularly the 17th and 19th Amendments, respectively.
The Frontline Socialist Party (FSP) has alleged that the 22nd Amendment would enable the government to implement its neoliberal programme. The breakaway JVP group has asserted that the government’s sinister project is intended to remove whatever obstacles to its neoliberal strategy.
FSP’s Education Secretary Pubudu Jayagoda said: “A new Fisheries Act will divide the ocean into plots, lease the fish-rich areas to multinational corporations, and deprive local fishermen the opportunity to catch fish in the deep sea. The biggest obstacle to this is the fishermen. A Quality Assurance and Accreditation Commission Act is being drafted to grant state recognition and legality to degree mills. Three thousand schools are going to be closed, depriving children of the fundamental right to education. To do that, every pillar of the state must be brought under government control. A long list can be given: privatising hospital laboratory services, selling off state institutions, bringing forward new repressive laws like the PSTA (Protection of the State from Terrorism Act), and a new Cooperatives Act that snatches away people’s funds—many things like that. Taking the arbitrary power required to execute these into the hands of the executive is the true objective of this constitutional amendment.”
Midweek Review
Shakespeare’s female characters
Displaying Gender-Based Issues that Resonate with Our Times
by Dr. Siri Galhenage
Psychiatrist [Retd]
In most of William Shakespeare’s plays, the protagonists are male. He created such memorable characters as Hamlet, Othello, King Lear, Macbeth, Julius Caesar, Prospero, Coriolanus, the monarchs of history plays and many others – heroes as well as villains. This was a reflection of the societal values of the time. Women were not permitted to perform on stage, and all female roles were played by young males – a practice that continued for nearly half a century after Shakespeare’s death. This was so even though Elizabeth 1, the learned female monarch of England and Ireland and a humanist, occupied the throne during most of Shakespeare’s writing life [1580–1613], and extended her patronage to his plays.
Nevertheless, compared with his contemporaries Christopher Marlowe and Ben Jonson, Shakespeare wrote a greater number of plays featuring prominent female characters that drove the narratives, providing insights into intra-psychic, interpersonal, social and moral aspects of life.
I have selected two such female characters from Shakespeare’s plays and another from one of his narrative poems to illustrate this idea, focusing primarily on gender based violence – emotional, physical and sexual – that continues to resonate in our own times. I have also chosen another female character who challenged the gender constraints that imposed by contemporary society.
DESDEMONA in Othello –
A Victim of Morbid Jealousy

A scene from As You Like It
Jealousy, as a human experience, has many nuances of meaning, ranging from the harmless to the morbid, including delusional forms, with many variations in between. The object of concern in jealousy is the suspicion of unfaithfulness or infidelity on the part of a loved one, commonly a female partner in a marital relationship. In its morbid form, accompanied by intense passion, jealousy has the potential to be destructive and even dangerous, placing the spouse at risk. It is not an uncommon presentation in clinical practice attracting the diagnosis of ‘Othello Syndrome’ although there is disagreement among clinicians about the application of the term.
Othello, a valiant soldier of African heritage in the state of Venice, had no difficulty winning the heart of Desdemona, the attractive young daughter of a prosperous senator. He took her away in defiance of her father’s wish for her to marry into the Venetian nobility. At this point, the Turks were preparing to regain Venetian-held territory in Cyprus, and Othello, recognised for his military prowess, was selected to lead the defence of the territory.
Despite the imminent Turkish attack on Cyprus, Desdemona preferred to remain with her husband rather than stay in Venice. The attack did not eventuate, however, because a violent storm dispersed and destroyed the invading Turkish fleet. The Venetian forces rejoiced, and the occasion provided an added opportunity to celebrate the marriage of Othello and Desdemona.
Casio, a close confidant of Othello, who had been recently promoted to lieutenant, was delegated to supervise the festivities. Cassio’s promotion caused great offence to Iago, who strongly believed that he was better suited to the position. He plotted to take revenge on Othello and Cassio by planting the seed of doubt in Othello’s mind through innuendo and trickery, casting suspicion on Desdemona’s fidelity and on her relationship with good-looking Cassio. Desdemona, a woman of exuberance and humour, became the unwitting focus of Iago’s manipulation.
The dissonance that arose in Othello’s mind eventually reached a climax when he accused his wife of infidelity and became convinced that she should die. Despite Desdemona’s plea for compassion, Othello strangled her to death. On finally gaining insight into the whole saga, Othello fell on his sword beside his wife.
OPHELIA in Hamlet – A Case of Manic Defence in response
to emotional abuse
Hamlet, the Prince of Denmark, takes centre stage in the play of the same name, and his mental processes have been the focus of scrutiny by successive generations of critics.
Young Prince Hamlet is faced with a complex emotional challenge following the sudden death of his father, King Hamlet, he idolised. The late king’s brother, usurper to the throne, hastily marries the widowed queen, denying the young prince his lawful right to sovereignty. Hamlet’s grief is compounded by his outrage towards his mother and his lingering doubts about the circumstances of his father’s death. He lapses into a state of melancholy.
But the impact of Hamlet’s emotional instability and the displacement of his anger onto Ophelia, to whom the prince had professed his love, receive less attention by critics, despite the significant psychological issues raised by her predicament. The episode in which Hamlet directs his anger towards Ophelia – often referred to as the ‘nunnery scene’ – is considered one of the most vicious in all Shakespeare.
Get thee to a nunnery. Why wouldst thou be a breeder of sinners?”…. “If thou dost marry, I’ll give this plague for thy dowry, be thou as chaste as ice, as pure as snow, thou shall not escape calamity. Get thee to a nunnery; go, farewell. Or if thou wilt needs marry, marry a fool, for wise men know well enough what monsters you make of them. To a nunnery go, quickly too. Farewell
Her love for Prince Hamlet was forbidden from the outset by her father, the scheming counsellor, Polonius, and by her brother Laertes; she was obedient to them. With her dignity destroyed by the very person she loved and her father killed, albeit inadvertently by the hand of her lover, she nevertheless reacted with compassion. With her brother away in France, Ophelia is bereft of any meaningful relationships.
With no one left to confide in, her mind had no alternative but to escape reality. She lapsed into a state of mania – a state of ‘fragile happiness’ with underlying deep sorrow; an unconscious defensive operation of the mind known as ‘manic defence’, as described by Melanie Klein [1882-1960], the renowned Austrian Psychoanalyst.
In this state of mind, Ophelia presents herself before the king and queen, singing snatches of song concerning love, death and betrayal. Her behaviour is totally out of character to her formerly demure self. Here are a few excerpts from her verses illustrating what might be described as a ‘flight of ideas’.
How should I your true love know/ From another one? / By his cockle hat and staff/ And his sandal shoon…”
“He is dead and gone, lady/ He is dead and gone/ At his head a grass green turf/ At his heels a stone…
They say the owl was a baker’s daughter. Lord we know what we are, but know not what we may be. God be at your table …
Hey non nonny, nonny, hey nonny/ And in his grave rained many a tear …” “You must sing ’Adown adown’ and you call him adown-a.”
Later, Queen Gertrude, Hamlet’s mother, announced that Ophelia ‘Fell in a weeping brook while making garlands from crow-flowers, nettles, daisies and long purples’, and had made no attempt to save herself. At the graveyard two gravediggers discussed whether she deserves a Christian burial as she appeared to have taken her own life.
LUCRECE – in Shakespeare’s narrative poem The Rape
of Lucrece
Reworked from a story by the Roman historian Livy, Shakespeare’s innovative narrative poem, first published in 1594, gives access to the mind of a victim of sexual assault. Set in ancient Rome, the poem gives expression to the agony of Lucrece, the gracious wife of a nobleman, following a savage attack upon her by Sextus Tarquinius, the son of the brutal king Lucius Tarquinius of Rome.
During a joyous conversation, a group of young noblemen were commenting on the virtues of their wives when Collatinus extolled the incomparable beauty and chastity of his beloved Lucrece. Aroused by the description of her elegance, young Sextus makes a covert exit, ‘borne by the trustless wings of desire’ in pursuit of his prey –the peerless dame’, ‘weakly fortressed from a world of harm.
Lucrece warmly welcomes her royal guest, who shows no inward ill or outward harm. He praises her husband’s military prowess, ‘pawning his honour to obtain his lust. During the conversation he scans her beauty and burns with sexual desire, yet ‘is madly toss’d between desire and dread. His ambivalence finally gives way to desire. ‘Desire my pilot, beauty my prize/ ‘Then who fears sinking where such treasure lies?’ This said, he advances upon her, ‘like a falcon towering in the skies, that ‘Coutcheth the fowl with his wings’ ‘So under his insulting falcon lies/ Harmless Lucretia’ shade’, trembling with fear, ‘as fowl hear falcon’s bells’. She ‘lies at the mercy of his moral sting’ and finally succumbs ‘To the rough beast that knows no gentle right/ Nor aught obey but his foul appetite’.
Lucrece is shattered, perplexed and grief-stricken by the unexpected assault on her by her honoured guest. ‘I alone must sit and pine/ Seasoning the earth with showers of silver brine’. She weeps, ‘O unseen shame, invisible disgrace/ O unfelt sore, crest wounding private scar’. Her anguish is further expressed through the image of the violated hive. ’My honey lost, and I, a drone – like bee, have no perfection of my summer left/ But robb’d and ransack’d by injurious theft./ In thy weak hive a wand’ring wasp hath kept/ And suck’d the honey which thy chaste bee kept’.
In this state of mourning, Lucrece despatches two messengers: one to her father in Rome and the other to her husband on the battlefield. On their arrival, she reveals the circumstances of her agony and names the individual responsible. She then stabs herself to death.
Their entourage carry her body through Rome and vow to avenge the death of this ‘incomparable woman of chaste’. By public acclaim the reign of Tarquins is overthrown, and the rule of Rome handed over to the consuls.

A scene from Othello
ROSALIND in ‘As You Like It’ – Challenging the Gender Constraints
One of the few female characters to play a leading role is Rosalind in ‘As You Like It’. She remains much to the liking of many a theatre goer because of her wit, wisdom and inner strength. Rosalind transcends the constraints imposed on women during the Shakespearean era – constraints that continue to resonate in certain cultures even today.
Two young women of noble birth flee the oppressive court in disguise and seek refuge in the Forest of Arden. Rosalind disguised as a young man, Ganymede, while her devoted cousin Celia adopts the name Aliena. As they depart Celia declares, “Now go we in content/ To liberty, and not to banishment.” Orlando, the object of Rosalind’s affection, also escapes to the forest to evade the hostility of his brother. Unaware of Rosalind’s disguise, he expresses his love by hanging verses in her praise upon the trees. Although Rosalind discovers these poems, she chooses to maintain her disguise, using it as an opportunity to test Orlando’s devotion and explore the nature of love, courtship, and the differing gender expectations. The play reaches a conclusion by Rosalind dropping her disguise, and the two uniting in love.
*****
Gender-based violence is recognised globally as a pervasive violation of human rights and a significant social, cultural and public health concern. Violence against women, including emotional, physical and sexual, varies across societies in form and prevalence, and is often rooted in unequal power relations and social structures that perpetuate male dominance. Gender-based violence requires collective action through education, legal protection, economic empowerment, accessible support services and changes in attitudes and cultural practices. Power and influence should not be allowed to shield the perpetrators.
Art, including dramatic and literary art, serves to illuminate human experience. It allows us to explore emotions, ideas and moral dilemmas that may otherwise remain beyond ordinary expression. Art can entertain and inspire, but it can also challenge our assumptions, evoke empathy, and offer new ways of seeing ourselves and the world around us. In this sense, art is not merely a form of aesthetic pleasure; it is a means of understanding what it means to be human.
Desdemona, Ophelia, Lucrece and Rosalind are among Shakespeare’s more prominent female characters. The first three are innocent victims of male violence in different forms, evoking our empathy and compassion; the fourth challenges the gender assumptions and constraints of the time. Together, they illuminate gender-based issues that are both universal and timeless. In this sense, Shakespeare remains ‘our contemporary’, as Jan Kott, Polish-American literary critic, famously observed.
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Nature’s Distress
By Lynn Ockersz
Nature’s not on any vengeance trail….
Rather, from dense forests of the West,
Now all aflame in parts as if in rage,
To South-East Asia’s savaging floods,
And Sri Lanka’s fierce dry spells,
Where man and beast are imperiled,
Nature’s signaling she’s distressed,
Over her custodian’s ravenous lust,
Which unceremoniously gobbles-up,
Her graciously bestowed riches;
‘Take warning; slow down at least now’,
She seems to be chiding her wayward son,
‘Be gentle with me and all my treasures,
And I’ll look to your continuing wellness,
But rein-in your self-destructive fire,
Lest it consumes your willful self in full,
And all I have left in your custodial care.’
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