Midweek Review
Westminster event declares support for Canadian action against Rajapaksa brothers
As a result of sheer negligence, Sri Lanka has ended up being categorized as a perpetrator of war crimes, and those who had fought for the country are mercilessly targeted. There cannot be a better example than Air Marshal Sumangala Dias who suffered due to Sri Lanka’s failure. Canada refused to accept Dias as Sri Lanka’s High Commissioner though the former Sri Lanka Air Force Commander has never been under human rights scrutiny. Subsequently, the government proposed Dias as Sri Lanka’s Ambassador to Italy. That move, too, failed. Italy, as a member state of the EU, pursuing war crimes accusations against Sri Lanka, declined to accept the retired SLAF Chief. The Foreign Ministry should accept responsibility for its failure to brief the inept political leadership of the stand taken by Canada and Italy on this issue. In spite of knowing what would be the outcome, the Foreign Ministry allowed the normal process to go ahead. At the end, both Canada and Italy declined to accept the retired Air Chief.
In fact, the Darusman report could have been used to counter lies. If acknowledged the discrepancy in the number of deaths caused during the final phase of the conflict. Darusman on the basis of unnamed sources alleged 40,000 deaths during Jan-May 2009 whereas the UN mission in Colombo on the basis of records made available by ICRC, hospitals et al reported between 7,000 and 8,000 deaths between August 2008 and May 2009.
By Shamindra Ferdinando
Liberal Democrats leader and MP for Surbiton, Edward Jonathan Davey, recently urged British Premier Rishi Sunak’s government to follow Canadian Premier Justin Trudeau on the Sri Lanka war crimes issue. Obviously Davey was referring to the unprecedented unilateral Canadian sanctions, recently imposed on former Presidents, Mahinda Rajapaksa (Nov. 2005-Jan. 2015) and Gotabaya Rajapaksa (2019 – Nov.-2022 July).
The occasion was what the Tamil Guardian called a night of festive celebration, musical performances and classical dance, in Central Hall, in Westminster, to celebrate Thai Pongal and Tamil heritage month. The event was described as a joint effort by the British Tamil community.
The Tamil Guardian quoted Ed Davey as having declared that the Canadian decision to impose sanctions on the Rajapaksa brothers was ‘absolutely right’ and that ‘the time for fine words has gone.’
The World Tamil Historic Society, Transnational Government of Tamil Eelam, Tamils for Labour, Tamil Coordinating Committee, British Tamil Chamber of Commerce, and British Tamil Conservatives, contributed to the event.
There shouldn’t be any issue over the celebration of Thai Pongal, Tamil heritage month, as well as the contribution the Tamil community made to British society, with the participation of British politicians.
British politicians, at such events, reflected the importance of the British Tamils, of Sri Lankan origin, as a significant vote bank.
The Westminster event was attended by several senior representatives of political parties, including Chairman of the Conservative Party, Nadhim Zahawi. The event reiterated commitment of all stakeholders, for justice and accountability.
Labour MP for Eastham, Stephen Timms, too, urged the British government to impose sanctions on individuals who, the British knew, were responsible for war crimes. The MP underscored the need for an ‘independent, international investigation’ in the absence of a domestic reconciliation process in Sri Lanka.
Rishi Sunak and Labour Party leader, Keir Starmer, sent video messages, appreciating the contribution made by the British Tamil community.
In the wake of the UK MPs’ demand for sanctions on Sri Lanka, Foreign Secretary, Aruni Wijewardane, received UK’s Permanent Under Secretary of the Foreign, Commonwealth and Development Office (FCDO), Sir Philip Barton, at the Foreign Ministry, in Colombo, on January 17. A lengthy statement, issued by the Foreign Ministry, described the discussion as a constructive bilateral engagement in the 75th year of UK-SL diplomatic relations. The visiting official was accompanied by British High Commissioner to Sri Lanka, Sarah Hulton.
The media release didn’t indicate whether Sri Lanka will take up the contentious accountability issue, as the UK spearheads the high profile campaign against Sri Lanka. Therefore, the writer rationally ascertained that no other matter had been taken up at the discussion.
With the Canadian declaration that the Rajapaksa brothers, during Eelam War IV (2006-2009), perpetrated ‘gross and systematic violations of human rights,’ the campaign against Sri Lanka has entered a new phase.
The international media quoted Canadian Foreign Affairs Minister, Mélanie Joly, as having said that they took decisive action to end international impunity against violators of international law. The Canadian measures, include travel bans and asset freezes.
The latest action should be examined against the backdrop of the Canadian Parliament recognizing Tamil genocide in Sri Lanka.
Over 14 years, after the successful conclusion of the war against the Liberation Tigers of Tamil Eelam (LTTE), Sri Lanka is yet to counter lies. The failure on the part of successive governments to defend wartime political and military leaderships has facilitated the Western agenda. Sri Lanka’s bankruptcy has accelerated their despicable agenda.
Successive inept and treacherous Sri Lankan governments, and its often much compromised diplomatic service, never made a genuine attempt to set the record straight in Geneva, New York or Washington. In fact, they cooperated with those who propagated lies by conveniently failing to properly address issues at hand. Sri Lanka seemed determined not to defend its war against the LTTE, one of the half a dozen terrorist groups, formed by India.
Canada and the UK are not interested in inquiring into the origins of terrorism here. They do not care about the Tamils, who died in the hands of the Indian Army, during its deployment in the then temporarily merged Northern and Eastern Provinces. The loss of 1,300 officers, and men, and injuries suffered by more than double that figure in combat, during the period, 1987-1990, revealed the ferocity of fighting between one-time guardians of Sri Lankan terrorists and their ‘students.’
There had been numerous excesses and reprisals but such strategies were definitely not Indian policy at that time, but what happens in most wars. These Western paragons of virtue, what did their forces do, across the world, during the colonial past, and how do their law enforcers behave to this day, especially against blacks, natives in Canada, Australia and America.
Post-war national reconciliation
hindered
During the war, there had been many excesses. The Sri Lankan military cannot, under any circumstances deny that fact. However, that hadn’t been the government policy. Unfortunately, in the absence of a cohesive strategy, Sri Lanka remains accused of genocide, and the recent Canadian actions meant that the two Presidents were now categorized as war criminals.
But the billion dollar question is where is the justice for far greater war crimes, committed by the West, in places like Afghanistan, Syria, Iraq, Libya, Yemen, etc. Easily, more than a million innocent civilians would have perished by now, in these countries, because of those endless wars, fermented by the West on trumped up, or purely frivolous excuses, like Saddam Hussein is having weapons of mass destruction, or Gaddafi is butchering his own people, while everyone knew that a man like Saddam should be given a prize for keeping a divided nation, like Iraq, in one piece, or that Gaddafi was one of the most benevolent leaders in the entire world.
Foreign Minister, Ali Sabry, PC, in response to a query raised by the writer, at a Foreign Ministry media briefing, last year, said that sanctions had been imposed on entire fighting divisions. That was months before the categorization of the two Presidents as war criminals.
It would be a grave mistake, on the part of the Western community, to believe humiliation of the military would help post-war national reconciliation. On one hand, the Western community wants the Prevention of Terrorism (PTA) abolished, the remaining terror suspects released, and a one-time political arm of the vanquished LTTE, the Tamil National Alliance (TNA) political demands met. On the other hand, the grouping wants the military punished on unsubstantiated war crimes allegations. Canadian measures are in line with that despicable strategy.
The Sri Lanka Parliament, as the supreme institution, should be ashamed of its pathetic response to the Western war crimes campaign. Sri Lanka has conveniently failed, at least to remind the Western community how R. Sampanthan’s TNA served the LTTE interests by declaring terrorist leader, Velupillai Prabhakaran, the sole representative of the Tamil speaking people.
The TNA bestowed that honour, on the LTTE, in 2001. The Sri Lankan military restored the TNA as the principal political group in the Northern and Eastern provinces, after the elimination of the LTTE, militarily, in May 2009.
Instead of recognizing Sri Lanka’s achievement, the Western community has targeted Sri Lanka, basically for two reasons, namely (1) Colombo’s relationship with China and (11) the Diaspora factor.
Actually, Sri Lanka never had a strategy to counter lies. That is the undeniable truth. Incumbent UN Chief Antonio Guterres’s predecessor, Ban Ki-moon, once compared the Vanni offensive with that of Ruwanda and Serbia genocides in the 1990s. Former UN Secretary General, South Korean Ki-moon played his part to facilitate the Western agenda, in spite of his own mission, in Colombo, contradicting unsubstantiated accusations.
How SL facilitated Western strategy
Sri Lanka never made use of a golden opportunity, given by British Lord Naseby, in Oct. 2017, to prepare a solid defence of the armed forces. His stunning revelation, in the House of Lords, two years after Sri Lanka, under the shameful Yahapalana regime, co-sponsored accountability resolution against our own country, at the Geneva Human Rights Council, exposed the British duplicity.
On the basis of hitherto confidential dispatches from the British High Commission, in Colombo, during the last phase of the war – January-May 2009, the Conservative politician contradicted the very basis of the three-member UN Darusman report. This report, released on March 31, 2011, had been the primary reason for the 2015 accountability resolution that faulted the Sri Lanka Army.
The World War 11 fighter pilot fought a near three-year battle with the British administration to secure the confidential dispatches and was finally able to obtain a highly redacted version, to contradict the lies, in the second week of Oct. 2017. Although the then Foreign Minister Tilak Marapana, PC, in his address to the UNHRC, made a reference to Lord Naseby’s revelations, Sri Lanka never requested Geneva to examine the British dispatches.
The author of British dispatches, Lt. Col. Anthony Gash, has never challenged the authenticity of heavily censored dispatches, disclosed by Lord Naseby.
Sri Lanka, in June 2011, squandered a similar opportunity to make a strong case for a revisit of the one-sided Darusman report. The then US Defence Advisor, in Colombo, Lt. Col. Lawrence Smith, quite convincingly defended the Sri Lanka Army, at the 2011 Colombo Defence Seminar. The American contradicted unsubstantiated allegations, raised by a retired Indian Major General Ashok K. Metha, formerly of the infamous IPKF. Lt. Col. Smith must have made that declaration, based on information available to the US Embassy, in Colombo, as well as other dispatches from the war zone. And, most importantly, the American officer made the declaration within three months after the releasing of the Darusman report. Sri Lanka never used British and American dispatches in her defence.
Western powers continue to harass Sri Lanka on the basis of unsubstantiated war crimes
accusations
Geneva moves to further investigate Sri Lanka should be challenged as the previous accusations, that led to the 2015 Geneva resolution, remained uninvestigated.
According to the Darusman report (paragraph 23: Confidentiality of the Panel’s records), the accusations cannot be examined till 2031. This strange stipulation has a further clause stating that the time bar could be extended for a further period. We must be the only country not allowed to examine specific accusations, directed at its armed forces. Successive governments never took the entire gamut of issues, into consideration, before making representations, on behalf of the country.
The incumbent Wickremesinghe-Rajapaksa administration is no exception. In spite of repeated vows to defend the armed forces, the previous Gotabaya Rajapaksa-led government pathetically failed in its duty and responsibility.
Sri Lanka’s handling of accusations, relating to the Mannar mass graves, during the Yahapalana administration, revealed how the Foreign and Defence Ministry neglected their responsibilities. But even after the change of government, in the wake of Gotabaya Rajapaksa’s victory at the 2019 presidential poll, Sri Lanka did nothing to change the strategy.
The Mannar mass grave lie was contradicted by a reputed Miami-based laboratory. It cleared the war-winning Sri Lanka Army of any responsibility for extra-judicial killings there. The independent carbon testing report, from the internationally recognized US laboratory, concluded that the victims likely died up to 615 years ago — predating even the first European colonization of the country by the Portuguese.
Sri Lanka’s Office on Missing Persons (OMP) funded the tests on the remains to determine whether the victims were killed, during the conflict.
But, by then, Geneva has directly blamed Sri Lanka for the Mannar Sathosa ground mass graves. The then Human Rights Commissioner, Michelle Bachelet, audaciously went to the extent of referring to the Mannar mass grave site, in her annual report (section 23), submitted to the UNHRC. The following is the relevant section: “On May 29, 2018, human skeletal remains were discovered at a construction site in Mannar (Northern Province), Excavations conducted in support of the Office on Missing Persons, revealed a mass grave from which more than 300 skeletons were discovered. It was the second mass grave found in Mannar, following the discovery of a site, in 2014. Given that other mass graves might be expected to be found in the future, systematic access to grave sites by the Office, as an observer, is crucial for it to fully discharge its mandate, particularly with regard to the investigation and identification of remains, it is imperative that the proposed reforms on the law relating to inquests, and relevant protocols to operationalize the law be adopted. The capacity of the forensic sector must also be strengthened, including in areas of forensic anthropology, forensic archaeology and genetics, and its coordination with the Office of Missing Persons must be ensured.”
Geneva never expected the US report on Mannar mass graves to go against its strategy. The TNA, too, reacted as expected. The one-time LTTE ally never expected the US report to contradict high profile allegations. Colombo based diplomats, and foreign officials, visited the scene ,as interested parties propagated lies.
On behalf of the TNA, a lawmaker, representing the Vanni region, has called for a fresh testing in another lab in some other country. Our Vavuniya correspondent, Dinasena Ratugamage, quoted Mullaitivu District MP Nirmalanathan Sivamohan as having said: “This is not to say that we do not accept the reports sent by a lab in Florida, US, but given the importance of the Mannar grave site we need to get a second opinion.”
There were many other developments ranging from a spate of WikiLeaks revelations to political decisions that exposed the Western strategy. But, perhaps the irreversible defence of the military was provided by the Tamil community, living in the Northern and Eastern electoral districts, at the 2010 presidential election. The war-winning General Sarath Fonseka, in spite of suffering massive defeat in the hands of Mahinda Rajapaksa, comfortably won all predominately The Tamil speaking electoral districts, in those provinces, despite the TNA and the Tamil Diaspora, having accused him and his Army of committing war crimes. The Tamil community overwhelmingly responded to the TNA’s call to vote for Fonseka, who contested as the common candidate, fielded by the UNP-led alliance that included the JVP.
Unfortunately, Sri Lanka never bothered to officially take up this development to counter propaganda. Even if the TNA asked for the Tamil community to vote for Fonseka, the electorate wouldn’t have overwhelmingly done so unless it was convinced the eradication of the LTTE was a necessity.
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.
Midweek Review
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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