Midweek Review
Where have millions of USD invested in good governance and accountability projects et al gone?
USD 73 mn down the drain?
The US Embassy is on record as having said that USAID conducted a project at a cost of USD 73 mn during the Yahapalana administration (2015-2019) to enhance the efficiency of lawmakers and be responsive to the people they represent. In terms of this project, 50 Research Assistants of the Sri Lankan Parliament participated in a US-supported workshop meant to help MPs better hear and address the concerns of their constituents. The then US Ambassador Atul Keshap was quoted in an Embassy statement as having declared: “Developing the skills of Parliamentary staff helps MPs better serve the people” said US Ambassador Atul Keshap.“In turn, this will foster and strengthen the principles of good governance”, Ambassador Keshap added.
Both USAID and Sri Lanka Parliament should examine whether this particular project, as well as other programmes conducted since 2015, improved the quality of MPs and Ministers.
By Shamindra Ferdinando
At least on paper the subject of public finance is under the total control of Parliament. Chapter XVII of the Constitution forms the foundation of Parliament’s powers over all public finances. Parliament powers and authority over public finance are dealt by Article 148, Article 149, Article 150, Article 151, and Article 154R.
In terms of the Right to Information (RTI) Act (12 of 2016), The Island sought information from Parliament as regards projects implemented by external sponsors for Sri Lanka’s benefit over the years.
These foreign-funded projects were essentially meant to strengthen good governance, accountability, build civil society capacity et al. The publication of a clarification was requested on Sept. 05, 2023, in the wake of Parliament claiming, the day before, that it would receive USD 300 mn through a new cooperation framework for development programmes over the next five years. The announcement was made on Sept. 04, referring to newly appointed United Nations Resident Coordinator to Sri Lanka Marc-André Franche congratulating Speaker Mahinda Yapa Abeywardena on the adoption of the Anti-Corruption Act and the establishment of the Parliamentary Budget Office. They met on Oct. 01, 2023 with the participation of the Secretary General of the House Kushani Rohanadeera.
Despite having to eat humble pie, the House issued a clarification to correct its exaggerated communique when it was published in The Island, under the heading ‘Parliament to receive UN funding amounting to over USD 300 mn’ (Sept. 05, 2023 edition, The Island). Its Director, Legislative Services/Acting Director (Communications) Janakantha Silva on Sept. 06 stated that the USD 300 mn referred to in the previous statement, dated Sept. 04, 2023, was meant for all development programmes, not only for Parliament. The official didn’t indicate the amount allocated to Parliament.
As per our separate request for information, Parliament responded to five out of eight questions submitted in Sinhala by the writer. Of the three unanswered, the one that referred to Parliament was considered irrelevant by it, while declining to respond to the remaining two. The Island also sought information from the US Embassy in Colombo, as well as the EU mission here, as regards the funding made for various projects. Let me examine their responses against the backdrop of harsh criticism of Parliament for its failure to ensure control over public finance. Justice Minister Dr. Wijeyadasa Rajapakshe, PC, and Mahindananda Aluthgamage, MP, both elected on the Sri Lanka Podujana Peramuna (SLPP) ticket at the last parliamentary election in Aug. 2020, accused Speaker Mahinda Yapa Abeywardena (SLPP) of neglecting his duties and responsibilities as Chairman of the Constitutional Council (CC). They lambasted the CC as an utterly useless corrupt body. The CC consists of the Speaker, Premier Dinesh Gunawardena, Opposition Leader Sajith Premadasa, Nimal Siripala de Silva (President’s nominee), Sagara Kariyawasam (PM’s nominee), Kabir Hashim (Opp. Leader’s nominee), Dr. Prathap Ramanujam (nominated by PM and Opp. Leader), Dr. Mrs. Anula Wijesundere (nominated by PM and Opp. Leader) and Dr. Dinesha Samararatne (nominated by PM and Opp. Leader).
The CC hasn’t been able to appoint the 10th member due to disagreement between the Tamil National Alliance (TNA) and the rebel members of the SLPP parliamentary group. Lawmakers Rajapakshe and Aluthgamage went to the extent of declaring that those who had set properties, belonging to members of Parliament, ablaze in May last year should target CC members hereafter. They should be reminded that of the 10 members of CC, seven represented Parliament. The duo lambasted the Commission to Investigate Allegations of Bribery and Corruption (CIABOC) over its failure to address the issues at hand while also targeting revenue collecting authorities, namely the Inland Revenue, Customs and Excise Department. Dr. Rajapakshe declared that the country didn’t have to depend on the USD 2.9 bn bailout package if those responsible for revenue collection achieved what they were duty bound to do. Both lawmakers alleged that the entire revenue collection setup was corrupt at every level. The former President of the Bar Association charged that even junior employees of above-mentioned state institutions are procuring luxury apartments, while Aluthgamage accused a department head of owning property in the US and living a super luxury life.
- Mahinda Yapa (Since 2020)
- Ex-Speaker Karu Jayasuriya (2015-2019)
Parliament responds
(1) The Island: Would it be possible to know the agreements Parliament reached with foreign governments and organizations following parliamentary polls in 1989, 1994, 2000, 2004, 2015 and 2020 and the estimated worth of those projects?
Parliament:We work with the following partners since 2016, namely United Nations Development Programme (UNDP), Westminster Foundation for Democracy (WFD), United States Agency for International Development (USAID), SLPP-Sri Lanka Parliament Project (concluded in Sept. 2016), Strengthening Democratic Governance and Accountability Project (concluded in Nov. 2016), Inclusive Participatory Processes Project (IPPP), National Democratic Institute (NDI), International Republican Institute (IRI) and Friedrich Naumann Foundation for Freedom (concluded). Projects were carried out in line with agreements sans funds made available to Parliament. (Their response meant that there hadn’t been such projects prior to the advent of the UNP-SLFP coalition aka Yahapalanaya)
(2) The Island: What were the purposes of these projects and the years of implementation?
Parliament: With the backing of the UNDP, we implemented a three-year project (2017-2019) to meet /strengthen constitutional requirements within the parliamentary system and the same was extended for a further three-year period (2020-2023). (Interestingly, Parliament made no reference to high-profile USAID funds to strengthen accountability and democratic governance. The US Embassy is on record as having said the three-year project worth USD 13 mn – Rs 1.92 bn – announced in late Nov. 2016 was meant to broaden their support to the independent commissions, Ministries, and provincial and local levels of government as well as equal participation by men and women and other underrepresented groups in politics and leadership.)
(3) The Island: Were those foreign- funded projects subjected to audits and, if so, by whom?
Parliament: There was no need for an audit as sponsors provided experts for relevant programmes intended to improve and enhance knowledge and capacity of lawmakers and other parliamentary workers, foreign tours and other required services.
(4) The Island: Why weren’t they audited?
Parliament: Irrelevant as explained earlier.
(5) The Island: Is there a laid down procedure to finalize projects funded by external partners?
Parliament: The UNDP funded project, launched in June 2016, was meant to achieve seven objectives while also working with other development partners. There objectives were (1) strategic plans for Parliament (2) strengthening of Oversight Committee System and enhancement of lawmakers’ skills development (3) improvement to parliamentary procedures and their use (4) strengthening of research and policy examination (5) public relations and public participation in law process (6) strengthening of constitutional and administrative systems/structures and (7) increase in women representation in Parliament and thereby increase their role in the decisionmaking process.
(6) The Island: How many computers were received from China for members of Parliament and House officials during Yahapalanaya and their cost?
Parliament: We received 268 computers worth USD 287,491.64.
(7) The Island: India provided SLR 300 mn to build a village in memory of the late Ven. Maduluwawe Sobitha Thera who passed away in late 2016, having played a significant role in the 2015 change of government. The money was provided on a request made by Yahapalana Speaker Karu Jayasuriya. Were you able to complete that village building project?
Parliament: As Parliament didn’t have information regarding the said project, therefore the question cannot be answered.
(8) The Island: Did Parliament reach an agreement to spend UNDP funds (funds allocated from the USD 300 mn to be spent over a five-year period) with the participation of political parties represented in the current Parliament?
Parliament: As Parliament didn’t have information regarding the said project, therefore the question cannot be answered.
US Embassy explains
The US on Sept. 20, 2023 announced a further commitment of more than USD 19.23 mn (Rs 6.2 bn) in additional funds for bankrupt Sri Lanka. The US Embassy in Colombo declared that fresh funding made through USAID would support economic growth and democratic governance activities. The US has provided more than $2 billion (nearly Rs. 720 billion) in assistance to Sri Lanka since 1956. The writer sought to clarify some issues with the US Embassy.
Q: Would you please explain /describe ‘democratic governance activities’ referred to in the press release, dated Sept. 20, 2023. Have you reached consensus with the government on a set of such activities?
Embassy spokesperson:
USAID works in partnership with Sri Lanka and its government to strengthen inclusive governance, build a robust civil society, and promote the rule of law. USAID also works to improve Sri Lankans’ access to balanced and reliable news and partners with the government and the people of Sri Lanka to strengthen dialogue between multi-ethnic communities. In addition, USAID builds local capacity for disaster response and risk reduction.
Q: The USAID and Sri Lanka Parliament signed an agreement worth USD 13 mn in late 2016 to strengthen accountability and democratic governance. It was implemented over a period of three years. Did that project achieve anticipated objectives?
Embassy spokesperson:
The Strengthening Democratic Governance and Accountability Project (SDGAP) was a three-year (October 2016 to September 2019) USD13 mn project funded by USAID. It was developed and implemented in close consultation and collaboration with the government and Parliament of Sri Lanka. SDGAP helped the government to strengthen public accountability systems, improve government strategic planning and communication, policy reforms and implementation processes and, increase political participation of women and underrepresented groups in democratic governance. It also supported the government to strengthen communication with citizens and incorporate public participation in policymaking.
Q: If possible, please let me know the funds the US spent on the MCC project though it was not implemented
Embassy spokesperson: The United States did not sign an MCC compact with Sri Lanka in 2020 due to a lack of partner country engagement. The grant funds that had been intended for Sri Lanka were later reallocated to other eligible countries with economic development priorities to reduce poverty and stimulate growth.
Massive investments made by the UNDP and US through Parliament and elsewhere to strengthen democracy, good governance and accountability here appeared to have made no impact. The declaration of bankruptcy in May last year and the country having to bend its knees before the IMF for the 17th occasion proved that the Parliament hasn’t learnt a thing at all. Recent allegations that the CC had pathetically failed in its duties and responsibilities underscored the responsibility of the donors to be tough with utterly corrupt political leadership here. They, too, should be responsible for their taxpayers without using such funds to sabotage those countries by way of getting rid of regimes their own ‘Deep State’ find not to their liking or on other diabolical plans, especially to get those poor countries to toe their line.
Intrepid former Auditor General Gamini Wijesinghe said that Parliament should be held accountable for the ruination of the country. Wijesinghe, who held that post from Nov. 2015 to April 2019, said that the Sirisena-Wickremesinghe coalition diluted the National Audit Bill to such an extent that the enactment of the new law in July 2018 didn’t make any difference though that was a promise given by the Yahapalana campaign at the 2015 presidential election.
Wijesinghe recalled that despite the then government claiming foreign investment in various projects to strengthen good governance and accountability, hadn’t achieved anything at all. Declaration of bankruptcy in May 2022 amidst unprecedented turmoil proved the Parliament hadn’t met two primary responsibilities, namely control over public finance and enactment of new laws. Instead, the Yahapalana government abolished the time-tested 1953 Foreign Exchange Act in 2017and enacted a new Act that diluted regulatory powers exercised by the Central Bank. The accusations made in Parliament and outside that export proceeds amounting to over USD 50 bn that had been “parked abroad” should be examined taking into consideration the Parliament created an environment conducive for such unscrupulous practices.
Wijesinghe warned that further foreign investments would be wasted unless required constitutional amendments and new laws were enacted.
BASL action
The Bar Association, during Saliya Pieris’ tenure as its President, filed two fundamental rights applications in late March 2022 to pressure the then government to take tangible measures to address the developing economic crisis. The SC was moved against the government a few days before violent protests erupted outside the then President Gotabaya Rajapaksa’s private residence at Pangiriwatte, Mirihana. The BASL made the Attorney General, the Cabinet of Ministers, the Governor of the Central Bank, the Secretary to the Treasury, Secretaries to several Ministries, the Ceylon Electricity Board, the Ceylon Petroleum Corporation and the State Pharmaceutical Corporation as respondents. There hadn’t been similar action against the government before. These petitions were filed by Saliya Pieris PC, Deputy President Anura Meddegoda PC, Secretary, Rajeev Amarasuriya, Treasurer, Rajindh Perera and Assistant Secretary Pasindu Silva. By late Oct. 2022 however, the BASL decided to suspend action taken against the government. When the writer sought an explanation from the BASL as to why the cases that had been filed over the deterioration of the economy as the situation remained critical, Pieris said on Nov 02, 2022: “It was laid by not withdrawn. Our Counsel thought that at the moment there is nothing the court can do further. It can be revived again.” The BASL move eased pressure on the Wickremesinghe-Rajapaksa government.
The IMF prerequisites for the resumption of the bailout package meant that the government hadn’t taken measures to prevent those in authority from continuing waste, corruption, irregularities and mismanagement. That is the undeniable truth. State Finance Minister Shehan Semasinghe’s explanation does not hold water at all. The Anuradhapura district lawmaker should realize that the economy is in such a messy situation his efforts both in and outside Parliament sounds hollow. He is trying to defend the indefensible. The IMF prerequisites underscored that the lending body had absolutely no faith in the powers that be at every level. In fact, the IMF declared that the international community didn’t have confidence in the system in place.
The IMF’s Governance Diagnostic Assessment report is nothing but an indictment on Sri Lanka at every level and the most significant roadblock to financial recovery lies in Sri Lanka’s persistent failure to address its deep-rooted corruption. The following are the IMF’s demands (1) Establishment of an Advisory Committee by November 2023 to nominate commissioners for the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) (2) Disclosure of asset declarations of senior officials by July 2024 (3) Enactment of proceeds of crime legislation by April 2024 (4) Amendment of the National Audit Act (5) Finalization of implementation of regulations for beneficial ownership information and creating a public registry by April 2024 (6) Enactment of Public Procurement Law by December 2024 (7) Publishing reports on increasing competitive tendered procurement contracts, targeting agencies with low levels of competition (8) Requiring the publication of all public procurement contracts above LKRs 1 billion (9) Implementing the State-Owned Enterprise Reform Policy to ensure ethical management (10) Abolishing or suspending the Strategic Development Projects Office Act until a transparent process for evaluating proposals is established (11) Amending tax legislation to prevent unilateral tax changes without parliamentary approval (12) Implementing short-term anti-corruption measures within revenue departments to enhance oversight and sanctions (13) Exploring options for new management arrangements for the Employees Provident Fund to avoid conflicts of interest (14) Revising legislation, regulations, and processes for stronger oversight in the banking sector (15) Establishing an online digital land registry and ensuring progress in registering/titling-state land and (16) Expanding the resources and skills available to the Judicial Service Commission to strengthen justice.
It wouldn’t be fair to blame the Wickremesinghe-Rajapaksa government for the economic fallout. In fact, the SJB MPs who previously served the UNP and SLPP rebels, too, should be held accountable as all political parties, including the TNA and JVP, also contributed to the crisis but in varying degrees.
Actually, high profile foreign-funded projects are a mystery as the executive and legislature continued to cause further economic deterioration. A few months before the “public” chased out President Gotabaya Rajapaksa, the Justice Ministry, with funding from the EU, along with the UNDP and the United Nations Children’s Fund (UNICEF) launched a high profile Justice Reform (JURE) programme. That project was finalized in Feb. 2022 and to be implemented over a period of four and half years, received EU funding to the tune of EUR 18 million (approx. LKR 4 billion) and the UN for EUR 1 million (approx. LKR 225 million). Would it help change Sri Lanka?
Devastating accusations directed by the Justice Minister last week at the all-powerful Constitutional Council over its failure to do its duty despite being legislatively armed to the teeth highlighted the crisis Sri Lanka is in. One cannot forget that the Bar Association, too, received substantial amounts of US funding over the years without any independent audits, but the overall situation remains the same. Let me stress again that the IMF prerequisites indicate that regardless of big anti-corruption talk, Sri Lanka remains in the grip of an utterly corrupt political party and bureaucratic systems. While we like to concede that politicos are now to some extent circumspect due to the glare of the local and international spotlight directed at them and the fear of a fresh Aragalaya targeting all of them, the less we say about the corrupt bureaucracy that works hand in glove with them the better. The MPs even if they are all corrupt to the core are limited to just 225 in number, but the unscrupulous bureaucracy ever ready to point the finger at politicos to cover their sins are far worse and found at every turn in places like the Inland Revenue, Customs, Excise, RMV, police, courts, local authorities, ports etc., etc., is insurmountable. So CC better get cracking before the people go berserk because of their unbearable suffering reaching breaking point.
And most of all we must watch out for foreign elements working in not so mysterious ways to exploit our weaknesses to their ends, especially after what happened since the Pangiriwatte riots of last year followed by much more vicious acts on May 09 and July 09 of that year and just as mysteriously melting away, thereafter, like a thief in the night. If someone says it was the spontaneous reactions of an enraged public, some of it may be. But such persons should go and “tell that to the marines”!
Midweek Review
BASL fears next set of civil society representatives might be rubber stamps of NPP
CC in dilemma over filling impending vacancies
Sajith Premadasa
Amidst a simmering row over the controversial move to have Deshabandu Tennakoon as the IGP at the time of crucial presidential election, Opposition Leader Sajith Premadasa alleged: “The Speaker sent a letter to the President, recommending the appointment of Deshabandu Tennakoon as IGP. He distorted the Constitutional Council ruling by interpreting the two abstaining votes of civil society members as votes against Deshabandu and used his casting vote to recommend Deshabandu as the Constitutional Council decision. It is on the basis of the Speaker’s letter that the President made the appointment. The Speaker has blatantly violated the Constitution
.”
Speculation is rife about a possible attempt by the ruling National People’s Power (NPP) to take control of the 10-member Constitutional Council (CC). The only way to take command of the CC is to appoint those willing to pursue the NPP agenda as civil society representatives.
Against the backdrop of the NPP’s failure to obtain CC’s approval to finalise the appointment of the Auditor General, the government seems hell-bent on taking control of it. Civil society representatives, namely Dr. Prathap Ramanujam, Dr. (Mrs.) Dilkushi Anula Wijesundere and Dr. (Mrs.) Weligama Vidana Arachchige Dinesha Samararatne, whose tenure is coming to an end in January, blocked President Anura Kumara Dissanayake’s nominee receiving the AG’s position. They took a courageous stand in the greater interest of the nation.
Chulantha Wickramaratne, who served as AG for a period of six years, retired in April 2025. Following his retirement, President Anura Kumara Dissanayake first nominated H.T.P. Chandana, an audit officer at the Ceylon Petroleum Corporation. The CC rejected the nomination. Subsequently, President Dissanayake appointed the next senior-most official at the National Audit Office (NAO) Dharmapala Gammanpila, as Acting Auditor General for six months. Then, the President nominated Senior Deputy Auditor General L.S.I. Jayarathne to serve in an acting capacity, but her nomination, too, was also rejected.
Many an eyebrow was raised when the President nominated O.R. Rajasinghe, the Internal Audit Director of the Sri Lanka Army, for the top post. As a result, the vital position remains vacant since 07 December. Obviously the overzealous President does not take ‘No’ for an answer when filling key independent positions with his minions
The Bar Association of Sri Lanka (BASL) in a letter dated 22 December, addressed to President Dissanayake, who is the leader of the NPP and the JVP, Prime Minister Dr. Harini Amarasuriya, Speaker Dr. Jagath Wickremaratne and Opposition Leader Sajith Premadasa emphasised their collective responsibility in ensuring transparency in the appointment of civil society representatives.
Cabinet spokesperson and Health and Media Minister, Dr. Nalinda Jayatissa, is on record as having emphasised the urgent need to finalise the appointment. Minister Jayatissa alleged, at the post-Cabinet media briefing, that the President’s nominations had been rejected without giving explanation by certain members, including three representatives of civil society.
Parliament, on 18 January, 2023, approved the former Ministry Secretary Dr. Ramanujam, former Chairperson of the Sri Lanka Medical Association Dr. Wijesundere, and Dr. Samararatne of the University of Colombo as civil society representatives to the CC.
They were the first post-Aragalaya civil society members of the CC. The current CC was introduced by the 21 Amendment to the Constitution which was endorsed on 31st of October, 2022, during a time of grave uncertainty. UNP leader Ranil Wickremesinghe, who had been elected by the SLPP to complete the remainder of ousted President Gotabaya Rajapaksa’s five-year term, sought to manipulate the CC. Wickremesinghe received the SLPP’s backing though they fell out later.
During Wickremesinghe’s tenure as the President, civil society representatives earned the wrath of the then Rajapaksa-Wickremesinghe government by refusing to back Deshabandu Tennakoon’s appointment as the IGP. The then Speaker Mahinda Yapa Abeywardena was accused of manipulating CC’s ruling in respect of Deshabandu Tennakoon to suit Wickremesinghe’s agenda.
Amidst a simmering row over the controversial move to have Deshabandu Tennakoon as the IGP, at the time of crucial presidential election, Opposition Leader Sajith Premadasa alleged: “The Speaker sent a letter to the President, recommending the appointment of Deshabandu Tennakoon as IGP. He distorted the Constitutional Council ruling by interpreting the two abstaining votes of civil society members as votes against Deshabandu and used his casting vote to recommend Deshabandu as the Constitutional Council decision. It is on the basis of the Speaker’s letter that the President made the appointment. The Speaker has blatantly violated the Constitution.”
The NPP realises the urgent need to neutralise the CC. The composition of the CC does not give the Opposition an opportunity to challenge the government if the next three civil society representatives succumb to political pressure. The Speaker is the Chairman of the CC. The present composition of the Constitutional Council is as follows: Speaker (Dr) Jagath Wickramaratne, ex-officio, PM (Dr) Harini Amarasuriya, ex-officio, Leader of the Opposition Sajith Premadasa, ex-officio, Bimal Rathnayake, Aboobucker Athambawa, Ajith P. Perera, Sivagnanam Shritharan, Dr Prathap Ramanujam, Dr Dilkushi Anula Wijesundere and Dr Dinesha Samararatne.
In terms of Article 41E of the Constitution, the CC meets at least twice every month, and may meet as often as may be necessary.
The failure on the part of the NPP to take over Office of the AG must have compelled them to explore ways and means of somehow bringing CC under its influence. The end of the current civil society members’ term, has given the government a chance to fill the vacancies with henchmen.
BASL’s letters that dealt with the appointment of civil society representatives to the CC and the failure to appoint AG, both dated 22 December, paint a bleak picture of the NPP that throughout the presidential and parliamentary polls last year assured the country of a system change. The NPP’s strategy in respect of filling the AG’s vacancy and possible bid to manipulate the CC through the appointment of civil society representatives reminds us of the despicable manipulations undertaken by previous governments.
An appeal to goverment
BASL seems convinced that the NPP would make an attempt to appoint its own to the CC. BASL has urged the government to consult civil society and professional bodies, including them, regarding the forthcoming vacancies in the CC. It would be interesting to examine the NPP’s strategy as civil society, too, would face daunting challenges in choosing representatives.
Civil society representatives are nominated by the Speaker by agreement of the Prime Minister and the Leader of the Opposition.
If consensus cannot be reached swiftly, it would cause further political turmoil at a time the country is experiencing an unexpected burden of dealing with the post-Cyclone Ditwah recovery process.
The term of non-ex-officio members of the Council is three years from the date of appointment. In terms of the Constitution, the civil society representatives should be persons of eminence and integrity who have distinguished themselves in public or professional life and who are not members of any political party. Their nominations should be approved by Parliament.
In spite of the NPP having an absolute 2/3 majority in Parliament, the ruling party is under pressure. The composition of the CC is a big headache for NPP leaders struggling to cope up with rising dissent over a spate of wrongdoings and a plethora of broken promises. The furore over the inordinate delay in finalising AG’s appointment has made matters worse, particularly against the backdrop of the BASL, Transparency International Sri Lanka Chapter and Committee on Public Finance, taking a common stand.
Having been part of the clandestine regime change project in 2022; Western powers and India cannot turn a blind eye to what is going on. Some Colombo-based foreign envoys believe that there is no alternative to the NPP and the government should be given the opportunity to proceed with its action plan. The uncompromising stand taken by the NPP with regard to the appointment of permanent AG has exposed the ruling party.
In the wake of ongoing controversy over the appointment of the AG, the NPP’s integrity and its much-touted vow to tackle waste, corruption, irregularities and mismanagement seems hollow.
The government bigwigs must realise that appointment of those who campaigned for the party at the presidential and parliamentary polls caused deterioration of public confidence. The appointment of ex-top cops Sharnie Abeysekera and Ravi Seneviratne with black marks as Director, CID and Secretary to the Ministry of Public Security and Parliamentary Affairs, eroded public confidence in the NPP administration.
A vital role for CC
The SLPP, reduced to just three lawmakers in the current Parliament, resented the CC. Having secured a near 2/3 majority in the House at the 2020 Parliamentary election, the SLPP made its move against the CC, in a strategy that was meant to strengthen President Gotabaya Rajapaksa’s hands at the expense of Parliament. Introduced in 2001 during Chandrika Bandaranaike Kumaratunga’s presidency, the 17th Amendment paved the way for the establishment of the CC. Those who wielded political power subjected the CC to critical changes through 18th, 19th and 20th amendments. Of them, perhaps, the 20th Amendment to the Constitution that had been passed in October 2020 is the worst. The SLPP replaced the CC with a Parliamentary Council. That project was meant to consolidate power in the Executive President, thereby allowing the appointment of key officials, like judges, the Attorney General, and heads of independent commissions.
People may have now forgotten the 20th Amendment removed civil society representatives from the so-called Parliamentary Council consisting of lawmakers who represented the interests of the government and the main Opposition. But such manipulations failed to neutralise the challenge (read Aragalaya) backed by external powers. The role played by the US and India in that project has been established and there cannot be any dispute over their intervention that forced Gotabaya Rajapaksa to flee the country.
Interestingly, Ranil Wickremesinghe, who had been picked by the SLPP to complete the remainder of Gotabaya Rajapaksa’s term, restored the CC through the passage of 21 Amendment on 31 October, 2022. Unfortunately, the NPP now wants to manipulate the CC by packing it with those willing to abide by its agenda.
It would be pertinent to mention that the 20th Amendment was aimed at neutralising dissent at any level. Those who formulated that piece of legislation went to the extent of proposing that the President could sack members appointed to the Parliamentary Council by the Prime Minister and the Opposition Leader without consulting anyone.
If not for the Aragalaya, the Parliamentary Council that didn’t serve any meaningful purpose could have paved the way for the President to fill all key positions with his nominees.
Recommendation of nominations to the President for the appointment of Chairpersons and Members of Commissions specified in the Schedule to Article 41B of the Constitution.
Commissions specified in the Schedule to Article 41B: The Election Commission, the Public Service Commission, the National Police Commission, the Audit Service Commission, the Human Rights Commission of Sri Lanka, the Commission to Investigate Allegations of Bribery or Corruption, the Finance Commission, the Delimitation Commission and the National Procurement Commission.
Approval/ Disapproval of recommendations by the President for the appointment to the Offices specified in the Schedule to Article 41C of the Constitution.
Offices specified in the Schedule to Article 41C: The Chief Justice and the Judges of the Supreme Court, the President and the Judges of the Court of Appeal, the Members of the Judicial Service Commission, other than the Chairman, the Attorney-General, the Governor of the Central Bank of Sri Lanka, the Auditor-General, the Inspector-General of Police, the Parliamentary Commissioner for Administration (Ombudsman) and the Secretary-General of Parliament.
NPP under pressure
In spite of having the executive presidency, a 2/3 majority in the legislature, and the bulk of Local Government authorities under its control, the NPP is under pressure. Their failure to muster sufficient support among the members of the Colombo Municipal Council (CMC) to pass its 2026 Budget underscored the gravity of the developing situation. The unexpected loss suffered at the CMC shook the ruling party.
But, the NPP faces a far bigger challenge in filling the AG’s vacancy as well as the new composition of the CC. If the NPP succeeds with its efforts to replace the current civil society representatives with rubber stamps, the ruling party may feel vindicated but such feelings are likely to be short-lived.
Having criticised the government over both contentious matters, the BASL may be forced to step up pressure on the government unless they can reach a consensus. It would be really interesting to know whether the government accepted the BASL’s request for consultations with the stakeholders. Unless consensus can be reached between the warring parties there is possibility of opening of a new front with the BASL and civil society being compelled to take a common stand against the government.
The developing scenario should be examined taking into consideration political parties and civil society confronting the government over the proposed Protection of the State from Terrorism Act (PSTA). Having promised to do away with the Prevention of Terrorism Act (PTA) in the run up to the presidential election, the NPP is trying to explain that it cannot do without anti-terrorism law. The civil society is deeply unhappy over the NPP’s change of heart.
The National Peace Council (NPP) that has been generally supportive and appreciative of the NPP’s efforts probably with the blessings of its benefactors in the West, too, has now found fault with the proposed PSTA. Dr. Jehan Perera, NPP’s Executive Director commented: “A preliminary review of the draft PSTA indicates that it retains core features of the PTA that have enabled serious abuse over decades. These include provisions permitting detention for up to two years without a person being charged before a court of law. In addition, the broad definition of terrorism under the draft law allows acts of dissent and civil disobedience to be labelled as terrorism, thereby permitting disproportionate and excessive responses by the state. Such provisions replicate the logic of the PTA rather than mark a clear break from it.”
Except the BASL, other professional bodies and political parties haven’t commented on the developing situation at the CC while taking into consideration the delay in appointing an AG. The issue at hand is whether the government intends to hold up AG’s appointment till the change of the CC’s composition in its favour. Whatever the specific reasons, a country that has suffered for want of accountability and transparency, enters 2026 without such an important person to guard against all types of financial shenanigans in the state.
All previous governments sought to influence the Office of the AG. The proposed establishment of NAO prompted the powers that be to undermine the effort. The Yahapalana administration diluted the National Audit Bill and what had been endorsed as National Audit Act, Nov. 19 of 2018 was definitely not the anti-corruption grouping originally proposed. That Act was amended this year but the Office of the AG remains vacant.
The NPP has caused itself immense harm by failing to reach consensus with the CC on filling the AG’s post. Unfortunately, the ruling party seems to be uninterested in addressing the issue expeditiously but is exploring the possibility of taking over control of the CC by stuffing it with civil society members favourable to the current ruling clique.
By Shamindra Ferdinando
Midweek Review
Towards Decolonizing Social Sciences and Humanities
‘Can Asians Think?’

I want to initiate this essay with several questions. That is, are we, in Sri Lanka and in our region, intellectually subservient to what is often referred to as the ‘West’? Specifically, can knowledge production in broad disciplinary areas such as social sciences and humanities be more creative, original and generated in response to local conditions and histories, particularly when it comes to practices such as formulating philosophy and theory as well as concepts and approaches? Why have we so far imported these from Western Europe and North America as has been the undisputed norm?
In exploring the responses and delving into this discussion, I will seek reference from the politics of the recently published book, Decolonial Keywords: South Asian Thoughts and Attitudes edited by Renny Thomas from the Department of Humanities and Social Sciences at the Indian Institute of Science Education and Research – Bhopal and me. The book was brought out by Delhi-based Tulika Publishers in December 2025.
Let me first unpack my anxiety over theory and philosophy, which I have talked about many times previously too. Any social science or humanities text we read here or elsewhere in South Asia invariably borrows concepts, theories and philosophical input generated mostly in Western Europe and North America. It almost appears as if our region is incapable of serious and abstract thinking. It is in this same context, but specifically with reference to India that Prathama Banerjee, Aditya Nigam and Rakesh Pandey have observed in their critical essay, ‘The Work of Theory Thinking across Traditions’ (2016), that for many “theory appears as a ready-made body of philosophical thought, produced in the West …” They argue, “the more theory-inclined among us simply pick the latest theory off-the-shelf and ‘apply’ it to our context, notwithstanding its provincial European origin, for we believe that ‘theory’ is by definition universal.”
Here, Banerjee et al make two important points. That is, there is an almost universal acceptability in the region that ‘theory’ is a kind of philosophical work that is exclusively produced in the West, followed by an almost blind and unreflective readiness among many of us to simply apply these ideas to local contexts. In doing so, they fail to take into serious consideration the initial temporal and historical contexts in which these bodies of knowledge were generated. However, theory or philosophy is not universal.
This knowledge is contextually linked to very specific social, political and historical conditions that allowed such knowledge to emanate in the first place. It therefore stands to reason that such knowledge cannot be applied haphazardly/ willy-nilly anywhere in the world without grave consequences. Of course, some ideas can be of universal validity as long as they are carefully placed in context. But to perceive theory or philosophy as all-weather universals is patently false even though this is the way they are often understood from universities to segments within society in general. This naiveté is part of the legacy of colonialism from which these disciplines as well as much of their theoretical and philosophical structures have been bequeathed to us.
It is in this context that I would like to discuss the politics our book, Decolonial Keywords: South Asian Thoughts and Attitudes entail. Here, thirty South Asian scholars from across disciplines in social sciences and humanities have come together to “discuss words and ideas from a variety of regional languages, ranging from Sinhala to Hebrew Malayalam” encapsulating “the region’s languages and its vast cultural landscape, crossing national borders.” To be more specific, these languages include Assamese, Arabic-Malayalam, Bengali, Hebrew Malayalam, Hindi, Nepali, Sanskrit, Sinhala, South Asian uses of English, Tamil-Arabic, Tamil, Urdu and concepts from indigenous languages of Nagaland and Arunachal Pradesh.
Each chapter, focuses on a selected word and “reiterates specific attitudes, ways of seeing and methods of doing that are embedded in the historical and contemporary experiences of the region” keeping in mind “the contexts of their production and how their meanings might have changed at different historical moments.”
In this exploration, the volume attempts to understand “if these words and concepts can infuse a certain intellectual rigour into reinventing social sciences and humanities in the region and beyond.” In short, what we have attempted is to offer a point of departure to a comprehensive and culturally, linguistically and politically inclusive effort at theory-building and conceptual fine-tuning based on South Asian experiences and histories. We assume these concepts from our region might be able to speak to the world in the same way schools of thought in politically dominant regions of the world have done so far to us. This is a matter of decolonizing our disciplines. But it is still not a claim for universality. After all, our main focus is to come up with a body of conceptual categories that might be useful in reading the region.
When Sri Lankan social sciences and humanities as well as the same disciplines elsewhere in the region thoughtlessly embrace knowledges imported in conditions of unequal power relations, it can never produce forums for discourse from which we can speak to the world with authority. In this book, Thomas and I have attempted, as an initial and self-conscious effort, to flip the script on theory-building and conceptualization in social sciences and humanities in South Asia in the region’s favour.
We are however mindful that this effort has its risks, intellectually speaking. That is, we are conscious this effort must be undertaken without succumbing to crude and parochial forms of nativism that are also politically powerful in the region including in Sri Lanka and India. This book presents an array of possibilities if we are serious about decolonizing our social sciences and humanities to infuse power into the discourses we generate and take them to the world instead of celebrating our parochiality like the proverbial frog in the well. Unfortunately, more often than not, we are trained to be intellectually subservient, and mere followers, not innovators and leaders bringing to mind the polemical title of Kishore Mahbubani’s 2002 book, Can Asians Think?
Midweek Review
The ever-changing river: Chandana Ruwan Jayanetti’s evolving poetic voice
It is said that no man steps into the same river twice, for it is not the same river, and he is not the same man. These words came to mind upon reading Chandana Ruwan Jayanetti’s latest poetry collection, Poems from Galle, which inevitably invites comparison with his earlier work, particularly his first volume of poetry and prose, Reflections in Loneliness: A Collection of Poems and Prose (2015).
In this new collection, Jayanetti is demonstrably not the same poet he was a decade ago. His horizons have widened. his subject matter has diversified, and his thematic range has deepened. The earlier hallmarks of his work, including his empathetic attention to human experience, sensitivity to the natural world, and intimate, reflective tone, remain present. Yet they are now complemented by a stronger defiance, a more deliberate engagement with the political and the cosmic, and a broader mosaic of local and universal concerns. His poetic voice has evolved in scope, tonal range, and thematic ambition.
My own acquaintance with Jayanetti’s poetry dates back to our undergraduate days at Sabaragamuwa University of Sri Lanka, where we were classmates pursuing a BA in Languages (English Special). Even then, his work revealed precise observational skill coupled with profound sympathy for individuals. This early sensibility found fuller articulation in Reflections in Loneliness, a collection spanning nearly two decades of creative endeavor.
That inaugural volume traversed a wide thematic landscape: childhood memories; tender compassion toward humans and animals; tributes to the deserving; the joys and sorrows of young love; and reflections on Sri Lanka’s three-decade Northeast conflict, which concluded in 2009. Jayanetti’s verse, written with sincerity and empathy, moves fluidly from deeply personal to universally human. Moments of striking poignancy include the loss of his wife’s mother, the death of a young friend who marched unflinchingly to the warfront, and the bittersweet parting from a lover.
The prose section of Reflections in Loneliness offered a return to the rural simplicity of the 1970s and ’80s through the perspective of a schoolboy. Essays such as We Buy a Bicycle, Television Descends, The Village Goes to the Fair, Bathing Excursions and Hingurakanda evoke a bygone era with unvarnished authenticity. As literary critic Kamala Wijeratne noted, Jayanetti’s prose merited commendation for its perceptive and affectionate portrayal of rural life, written with the authority of lived experience. His meticulous attention to minute details revealed not only the flaws and frailties of human nature but also its loyalties and quiet virtues, articulated with unforced sympathy.
Consisting of 31 poems and five prose pieces, Reflections in Loneliness established Jayanetti as a writer of elegance, precision, and emotional depth. The current collection, however, confirms the Heraclitean and Buddhist insights: both the poet and his poetry have changed. The new work reflects an expansion from the personal to the cosmic, from the intimately local to the globally resonant, a testament to an artist in motion, carried forward by the ever-changing current of his creative life.
Jayanetti’s poetic corpus in the new book Poems from Galle, spanning thirty-five evocative works from They Heard the Cock Crow to A Birthday Celebration, reveals a profound and consistent artistic signature rooted in themes of humanity, nature, history, and social consciousness. Throughout these poems, Jayanetti demonstrates a distinctive voice that is simultaneously empathetic, contemplative, and alert to the complexities of his Sri Lankan heritage and the broader human condition. While maintaining a core of thematic and tonal consistency, each poem enriches this foundation by expanding into new dimensions of experience, whether personal, ecological, political, or historical.
A foundational element of Jayanetti’s poetry is the intimate relationship between humans and nature, frequently underscored by a deep ethical awareness. In poems like From a Herdman’s Life and My Neighbor, he gives voice to the quiet dignity of rural existence and animal companionship, portraying a symbiotic bond imbued with mutual care and respect. Similarly, Fallen Elephant and Inhumanity lament the cruelty inflicted upon majestic creatures, indicting human greed and violence. These poems articulate not only empathy for the natural world but also an implicit call for stewardship, threading a moral sensibility throughout the collection.
This concern extends to the socio-political sphere, as Jayanetti often situates his poems within the fraught realities of Sri Lanka’s history and struggles. Homage to Sir Henry Pedris honors a national martyr, while Confession of a Sri Lankan Cop exposes institutional corruption and personal integrity in tension. Hanuma Wannama and Gone Are They tackle political violence and social upheaval, reflecting the poet’s engagement with national trauma and collective memory. These works enrich the thematic landscape by connecting personal narrative to larger historical forces.

Jayanetti’s choice of subjects is remarkably diverse yet unified by a focus on lived experience—ranging from the intimate (To a Puppy That Departed, Benji) to the grand (Mekong, A Voyage). The poet’s attention to place, whether the Sri Lankan cityscape in City Morning and Evening from the College Terrace or the historic Ode to Galle Fort, anchors his work in locality while evoking universal themes of time, change, and belonging. Even poems centered on seemingly mundane moments, such as Staff Meeting or A Game, are elevated by the poet’s keen observational eye and capacity to find meaning in everyday rituals.
Moreover, Jayanetti often draws from historical and cultural memory, as seen in Ludowyk Remembered, Let Ho Chi Minh Guide You, and Rathna Sri Remembered, positioning his poetry as a dialogue between past and present. This choice expands his thematic range to include legacy, identity, and the power of remembrance, linking the individual to the collective consciousness.
Across the collection, Jayanetti’s tone is marked by a blend of gentle empathy and quiet strength. Poems such as A Companion Departed and To a Puppy That Departed convey tenderness and mourning with understated poignancy. His voice is intimate and accessible, inviting readers into personal reflections suffused with emotional depth.
Yet, this empathy is balanced by moments of stark realism and defiance.
In Corona and Hanuma Wannama, the tone shifts to urgent and accusatory, critiquing social injustice and political decay. A Ship Weeps mourns environmental devastation with an elegiac voice that is both sorrowful and admonitory. This tonal range reveals a poet capable of both consolation and confrontation, who embraces complexity rather than sentimentality.
While many poems explore specific moments or relationships, others invite contemplation on broader existential and cosmic themes. For instance, A Voyage and Mekong traverse spatial and temporal boundaries, evoking the interplay between human journeys and natural cycles. A Birthday Celebration reflects on legacy, learning, and the continuum of knowledge, blending personal homage with universal insight.
Even poems like A Bond and A Game gesture toward symbolic resonance, the former exploring interspecies loyalty as a metaphor for fidelity and duty, the latter invoking sport as a microcosm of life’s challenges and hopes. These works demonstrate Jayanetti’s ability to expand familiar motifs into metaphoric and philosophical territory, enriching his poetic landscape.
Jayanetti’s thirty-five poems in Poems from Galle collectively reveal a consistent and compelling artistic signature that intertwines compassionate engagement with nature and society, a profound sense of place, and an acute awareness of history and memory. His voice navigates seamlessly between moments of intimate reflection and urgent social commentary, creating a poetic landscape that resonates with both specificity and universality.
Each poem adds a distinct dimension to this mosaic. Historical and political awareness emerges strongly in poems like Let Ho Chi Minh Guide You and Homage to Sir Henry Pedris, where the sacrifices of national heroes and struggles for justice are evoked with reverence and clarity. Meanwhile, environmental consciousness is vividly articulated in works such as Abandoned Chena, Kottawa Forest, and Fallen Elephant, where the fragility of ecosystems and the human impact on nature are poignantly explored.
Jayanetti also delves deeply into themes of personal loss and companionship in poems like Benji, A Companion Departed, and In Memory of Brownie, tenderly capturing the bond between humans and animals. Poems like Confession of a Sri Lankan Cop and Hanuma Wannama offer raw social critique, revealing layers of political and moral complexity.
Through this interplay of historical, environmental, personal, and political themes, Jayanetti constructs a body of work that is distinctly Sri Lankan in its cultural and geographical grounding yet profoundly universal in its exploration of human experience. His poetry invites readers to reflect on the interconnected fates of humans, animals, and the natural world, urging a deeper awareness of our shared existence and responsibilities.
by Saman Indrajith
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