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Midweek Review

Weerasekera’s report on SLT pits Executive against Legislature

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Having strongly opposed the privatization of Sri Lanka Telecom, the Sectoral Committee on National Security made the following recommendations:

(a) SLT is already partially privatised with international companies holding 44.98% of the stake and the government holding 49.5%. Further privatisation would expose the country’s critical communication infrastructure/sensitive information to private entities whose profit-oriented interests can compromise national security. Hence privatisation of Telecom is not recommended.

(b) Anyone/organisation who had been blacklisted/helped terrorists/extremists in any form should not be allowed to buy any share and have any control over our national assets.

(c) State can buy back the other large shareholder of Telecom as provided for in the agreement, divide the segments into sensitive and vulnerable, excess lands and buildings, critical infrastructure and the business. Whilst retaining the first segments affecting National Security, the state can divest the others holding a major share through Private Public Partnership ensuring critical infrastructure is protected and all government regulations are adhered to. This way the government can exit from doing business whilst making profit and ensuring National Security.

Sri Lanka Telecom shares fell 7.8 percent on Friday (09 June) during trades following the release of the SOC report.

By Shamindra Ferdinando

There hadn’t been a previous instance of a President having to publicly challenge a report put out by a Sectoral Oversight Committee or any other watchdog committee.

Several hours after the Sectoral Oversight Committee (SOC) on National Security tabled a report on ‘The effects of the privatization of Sri Lanka Telecom on National Security’ in Parliament on Friday (09) the President’s Media Division (PMD) countered the controversial assessment.

The 11-member SOC, led by one-time Navy Chief of Staff Rear Admiral Sarath Weerasekera, included war-winning Army Commander the then Lt. Gen. Sarath Fonseka, MP. The SOC comprised Sarath Weerasekara (SLPP), Chamal Rajapaksa (SLPP), Chandima Weerakkody (SLPP), Field Marshal Sarath Fonseka (SJB), (Prof.) Channa Jayasumana (SLPP rebel group), Charles Nirmalanathan (Illankai Thamil Arasu Kadchi), Sampath Athukorala (SLPP), U.K. Sumith Udukumbura (SLPP), (Dr.) Major Pradeep Undugoda (SLPP), Major Sudarshana Denipitiya (SLPP) and Nimal Piyathissa (JNP)

Illankai Thamil Arasu Kadchi is the leading party in the TNA, one-time ally of the Liberation Tigers of Tamil Eelam (LTTE). The UNP and JVP with just one and three members in Parliament, respectively, are not represented in this particular SOC.

The controversial SOC report, though some asserted caught President Ranil Wickremesinghe by surprise, the writer firmly believes the the Wickremesinghe-Rajapaksa government knew what was coming. It would be pertinent to ask whether all members of this particular SOC fully read the report available in Sinhala, Tamil and English before the former Public Security Minister tabled it.

The then CBK administration partly privatized the SLT in 1994. Nippon Telegraph & Telephone Corporation of Japan secured 35% of the SLT but those shares were bought by a Netherlands-based company, called Global Telecommunications Holdings, a wholly owned subsidiary of Malaysian Usaha Tegas Sdn Bhd. As of today the Malaysian Company holds 44.98% of the stake and the Government holds 49.50%.

President Ranil Wickremesinghe wants to divest the remaining shares in line with his disputed strategy that the government quit business altogether. With a countrywide customer base of nine million, the income revenue of SLT in 2022 was Rs. 108 billion and the profit was Rs. 8.46 billion.

Acknowledging the SOC’s unprecedented warning over national security threat posed by total privatization of SLT and the factual content of the report, the PMD issued the following statement: “…the Government believes that it lacked a logical or scientific data analysis pertaining to the subject matter. To address this deficiency, it is necessary to examine the operation and regulation of information and communication technology service providers in Sri Lanka, analyze financial data related to the sector, understand Sri Lanka’s national ambitions in this field, assess the available capital capacity, and conduct a comprehensive study of global trends.

Furthermore, the Government has reassured that the policy decision taken will not compromise national security, contrary to what is indicated in the report.

Hence, the Government will take a final decision during an upcoming Cabinet meeting, considering this report along with recommendations from the information and communication sector.

Additionally, the President emphasizes that the current government’s policy is focused on providing opportunities to the private sector, distancing it from direct government involvement in business.”

Politics of privatization

MP Sarath Weerasekera received the leadership of the SOC on 08 March , this year. One-time Speaker Chamal Rajapaksa proposed Weerasekera while U. K. Sumith Udukumbura, also of the SLPP, seconded the naval veteran.

Having retired in 2006, Rear Admiral Weerasekera successfully contested the Digamadulla district on the then UPFA ticket at the 2010 parliamentary election. The decision to issue a report against privatization of SLT seems to be in line with MP Weerasekera’s patriotic zeal. He was the only UPFA lawmaker to vote against the 19th Amendment to the Constitution enacted in early 2015. In spite of the then President Maithripala Sirisena personally appealing to the rebel UPFA parliamentary group, Weerasekera declined to throw his weight behind what was touted as the panacea for constitutional problems.

Responding to The Island queries, MP Weerasekera explained that his committee highlighted the danger in the government losing control of the vital telecommunications sector. “The issue at hand cannot be discussed without taking into consideration political, economic and social developments that led to President Gotabaya Rajapaksa’s unceremonious exit last July,” the 71-year-old parliamentarian said.

MP Weerasekera said that he didn’t want to repeat the SOC report but the government couldn’t absolve itself of the responsibility for examining all aspects before fully privatizing the telecommunication sector.

Referring to the statement issued by the PMD, lawmaker Weerasekera said that the Cabinet of Ministers, headed by President Wickremesinghe, should be held responsible for whatever the consequences of the privatization.

President Wickremesinghe, who holds the finance portfolio, repeatedly declared his intention to privatize even the profit-making public enterprises as part of his economic revival strategy. However, the success of the UNP leader’s strategy entirely depends on the SLPP stand on privatization. Having elected Wickremesinghe as the eighth President at an unprecedented vote, the SLPP is deeply upset over the former’s failure, so far, to accommodate about 10 ‘pohottu’ members in the Cabinet. Can the SLPP back Wickremesinghe regardless of the blunt report on SLT, endorsed by its own party men, including rebel SLPPers?

However, the composition of the SOC seems irrational as seven out of 11 all barring three happened to be members of one political party.

Perhaps, 15 political parties represented in Parliament should state their stand on the proposed SLT privatization. Of those 15 political parties, nine are represented by one member each. UNP (National List MP Wajira Abeywardena) is among them.

There had never been such a controversial SOC report since the introduction of the system. The Speaker, the Deputy Speaker, Deputy Chairperson of Committees, the Prime Minister, Leader of the House, Leader of the Opposition in Parliament; and Ministers of Cabinet appointed under Article 43(2) of the Constitution cannot serve on SOCs appointed in terms of Standing Orders 111. SOCs have the power to examine any Bill, any subsidiary legislation, including Regulation, Resolution, Treaty, Report or any other matter relating to subjects and functions within their jurisdiction. There cannot be more than 20 SOCs at any given time.

Yugadanavi fiasco

Now that PMD has declared the final decision on SLT privatization would be taken at the Cabinet, let me discuss the Yugadanavi deal that was challenged in the Supreme Court by three members of the then President Gotabaya Rajapaksa’s Cabinet.

There hadn’t been a previous instance of ministers moving the Supreme Court against a decision taken by the Cabinet of Ministers. Although the apex court dismissed petitions without giving reasons, disclosures made by petitioners, Vasudeva Nanayakkara, Wimal Weerawansa and Attorney-at-Law Udaya Gammanpila bared the ugly truth. There hadn’t been a previous instance of any Sri Lankan government entering into such an agreement at midnight. The agreement signed on 17 Sept., 2021 at the behest of the then Finance Minister Basil Rajapaksa is in the public domain.

The consideration of the petitions concluded on 23 February, 2022 before a five-judge bench consisting of Chief Justice Jayantha Jayasuriya and Justices Buwaneka Aluvihare, Priyantha Jayawardena, Vijith Malalgoda and L.T.B. Dehideniya.

The three daring ministers revealed that the government sold 40% of shares of West Coast Power Limited to New Fortress Energy of US without following proper procedures. They declared they never approved the deal. Unfortunately, the Dullas-Prof. G.L. Peiris-led group remained silent. Had they, too, raised the issue perhaps the Rajapaksa brothers could have reconsidered the decision. By the time the Dullas-Prof. Peiris group decided to oppose Ranil Wickremesinghe’s election as President, it was too late. The SLPP was in disarray. The party appeared to have accepted Wickremesinghe as its saviour, hence the decision to vote against Dullas Alahapperuma, who served the Rajapaksas diligently.

Some of those who had served President Gotabaya Rajapaksa’s Cabinet at the time Sri Lanka entered into the controversial Yugadanavi deal (a section of the media calls it New Fortress deal) are in the current Cabinet. Prime Minister Dinesh Gunawardena is among them.

The SOC Chairman said that he initiated the inquiry into the proposed sale of SLT on his own as he felt the urgent need to do. “No, the Parliament didn’t intervene in this matter.” The former minister said so when the writer asked him whether the Parliament directed him to examine the issue at hand. MP Weerasekera insisted that he had secured the consent of all before tabling the report.

Before tabling the report on SLT in Parliament, the SOC Chief took up the Canadian declaration of genocide in Sri Lanka and travel ban issued on military and political leaders over accountability issues. The former Navy Deputy Chief of Staff questioned the lapses on the part of successive governments in countering unsubstantiated war crimes accusations that led to the co-sponsorship of the Geneva Resolution by the then Yahapalana government in October 2015, a treacherous act, indeed.

MP Weerasekera stressed that the responsibility on the Foreign Ministry and of Parliament to counter the despicable Canadian move meant to please particularly Canadian voters of Sri Lankan Tamil origin, who are an important vote bank there. Yahapalana partners, the UNP and SLFP, also owed an explanation and public apology for the great betrayal of the war-winning armed forces, he said.

The SOC Chairman said that the move to sell the remaining government-owned shares should be closely examined against the backdrop of other external investments in key sectors, including harbours as well as the country’s bankrupt status.

Responsibilities of Cabinet, Parliament

Ministers exercise executive powers in Parliament. Therefore, they are not subject to the scrutiny of SOCs or watchdog committees. Secretaries to ministries in their capacity as Chief Accounting Officers of respective ministries are answerable to Parliament in all matters pertaining to finances. However, in a case of perceived national security threat as alleged by the Sectoral Oversight Committee on National Security, perhaps the entire Cabinet of Ministers should be held responsible.

The bottom line is can the Cabinet of Ministers go ahead with the sale of SLT without a proper re-evaluation of the SOC report that quite strongly advised against the privatization of the national telecommunications provider, on national security grounds.

The examination of the proposed sale of SLT has reminded all that other SOCs can engage in similar exercises in terms of Standing Orders 111. The statement issued by the PMD underscored President Wickremesinghe’s inclination to go ahead with the sale of SLT, regardless of the warning issued by Parliament. The SOC’s National Security assessment represents the considered view of the Parliament.

Therefore, it cannot be simply dismissed as an opinion of a hardline nationalist lawmaker. Even during the naval career of Weerasekera, there were occasions he resorted to actions not acceptable to political leadership in the interest of the country.

MP Weerasekera’s report should be carefully examined by the Cabinet of Ministers and Parliament. The Cabinet of Ministers shouldn’t be simply a rubber seal. But there had been instances of the government even sidestepping the Cabinet in taking far reaching decisions. There cannot be a better example than the utterly disloyal act of co-sponsoring the Geneva resolution against one’s own country without parliamentary or Cabinet approval.

More recently the Wickremesinghe-Rajapaksa government and the Opposition clashed over refusal of the government to take the Parliament into confidence in the run-up to the finalization of the agreement with the International Monetary Fund (IMF).

Ex-Telecommunications’ DG responds to SOC report

Meanwhile, former Director General of Telecommunications Prof Rohan Samarajiva roundly dismissed SOC assertion. Declaring that there is absolutely no basis for SOC’s claim that privatization of SLT threatened the national security, Prof. Samarajiva said national security is important. But it has, for too long, been used as a cheap slogan to mask parochial interests, he said.

In response to The Island query, the outspoken civil society activist and one time Marxist, sent us the following statement: “It should be obvious that a country whose export industries are not competitive and whose government is bankrupt because it spends more than it brings in as revenue year after year will grievously compromise its security and leave itself open to external interference. If not for the reforms that were undertaken in the telecom sector from 1997 to 2003, our export industries would be hamstrung by expensive and poor-quality services. For example, one reason we had no BPO industry in 2003 was the SLT monopoly. Once it was ended the investments came in, jobs were created, and the export earnings realized. Removing the residual advantages enjoyed by SLT so that a more level playing field is created will allow all our export industries, not limited to the BPO industry, to be competitive. The state makes more from the taxes paid by the entire telecom sector than the below-par profit share currently remitted by SLT.

There is no evidence that complete managerial control by NTT, the minority owner of SLT, during the worst years of the war, compromised security. Under 100 percent state ownership and management, national security was compromised because those in charge had not invested in redundancy for the country’s then single international gateway on Lotus Road, a location that had been subject to repeated terrorist attacks. It was after partial privatization and under regulatory direction that this glaring omission was rectified.

National security is safeguarded by identifying specific threats and responding to them appropriately as above. If the problem is data, the solution is the setting in place of effective safeguards by law and regulatory oversight, not having an unqualified presidential sibling as Board Chairman, which was a demonstrated outcome of state ownership. Independently of who sits on the Board, it is possible to require that specific officers in sensitive positions be Sri Lankan citizens who have been subject to security screening. This need not be limited to SLT, but to all major operators.”



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Midweek Review

22A: Developing constitutional quagmire

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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.”

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Midweek Review

Shakespeare’s female characters

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Ophelia in a scene from Hamlet

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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Midweek Review

Nature’s Distress

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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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