Category: Daily Financial Times

The Ports and Civil Aviation Ministry yesterday categorically rejected claims circulating in sections of the media that the removal of Airports and Civil Aviation Corporation (AASL) former Chairman Rhasa Abeywickrama, was linked to a letter sent by Ven. Banagala Upatissa Thero seeking an extension of a special permit to enter the airport terminal.

In a clarification statement, the Ministry noted a ‘false opinion’ was being propagated suggesting that the former Chairman’s removal was based on a request made by the President of the Sri Lanka Mahabodhi Society. The Ministry stressed that the two matters were entirely unrelated.

According to the Ministry, Ven. Banagala Upatissa Thero, in a letter dated 29 December 2025 addressed to the ‘Ports and Civil Aviation Ministry on the official letterhead of the Sri Lanka Mahabodhi Society, requested an extension of a special permit previously granted to him to enter the airport terminal. The permit was due to expire on 31 December 2025.

The Minister, taking into consideration the Venerable Thero’s international religious engagements, noted on the same letter that the special permission should be extended beyond 31 December 2025 into the following year. This recommendation was then forwarded to the former Chairman, Rhasa Abeywickrama, for further action.

The Ministry explained that the Minister had also instructed that any permission be issued subject to appropriate conditions, taking into account information provided by the former Chairman regarding experiences in earlier instances involving the issuance of special permits. Acting in line with these instructions, the former Chairman sent a letter to Ven. Banagala Upatissa Thero on 9 January 2026.

The statement noted that the relevant letter was issued in the first week of January at the request of the Venerable Thero and that there was no disagreement or conflict of opinion between the Minister and the former Chairman on this matter.

Addressing the leadership change at AASL, the Ministry said that, amid several changes to the administrative structure of the Airports and Airlines Company and the need to address other institutional matters, a decision had to be taken regarding the position of Chairman. Following a discussion with the former Chairman on 21 January 2026, the Minister took steps to remove Rhasa Abeywickrama from the post.

‘I would like to clarify that the letter sent to Venerable Banagala Upatissa Thero has no connection whatsoever to the removal of the former Chairman from his position,’ the Ministry stated.

Separately, the statement noted that AASL Chairman Harsha Abeywickrema has since issued a letter informing Ven. Banagala Upatissa Thero that, should he require access to Bandaranaike International Airport (BIA) premises in the future, he should make requests via the official designated telephone numbers, so that any special arrangements can be made as necessary.

There is a high level of public satisfaction in the response of Governmental and non-Governmental agencies in the aftershock of Cyclone Ditwah, and with President Anura Kumara Dissanayake in particular, according to a recent survey conducted by the Social Scientists’ Association (SSA), Colombo.

The objective of the study was to learn citizens’ perceptions of institutional responsiveness following Cyclone Ditwah, with particular attention to government action, political leadership, first responders, evacuation centres, relief distribution, transparency in the management of donor funds, and factors perceived to have aggravated the cyclone’s impacts.

By doing so, the survey sought to gauge the level of public acceptance of the measures and solutions that have already been implemented and being proposed by the government, while also identifying areas of public confidence, and critical gaps in disaster preparedness, response, and recovery. The findings aim to inform public debate and policy discussions on disaster governance and accountability in Sri Lanka.

The survey pointed to a wide gap between public perceptions of the head of state and the ruling party. While respondents’ satisfaction with the Head of State was nearly 80%, their satisfaction in the responsiveness of National People’s Power (NPP) politicians was nearly 46%. The rating of opposition politicians was even lower: under 24% expressed satisfaction with them.

Over 70% of the respondents said they are satisfied with the government’s actions in relation to immediate rescue and emergency; distribution of relief supplies; and restoration of essential services. However, this rating drops to 52% when it comes to early warning and evacuation; and 67% in relation to recovery and rebuilding support.

First responders to the national disaster, ranging from the military, the police, and community volunteers, received over 80% satisfaction rating; with the contribution of foreign disaster relief teams, the local media, and Sri Lankans living abroad, viewed with satisfaction by over 76%. Almost 68% expressed their satisfaction in the response of religious leaders and institutions.

Among those who sheltered in evacuation centres, over 80% were satisfied with the ease of access to those facilities; over 70% with the space and services provided; and over 78% with security and protection afforded.

The shortcomings that were recorded included: the lack of medical care by 30% of respondents in those safety centres; the absence of psycho-social and mental health support services by 47%; and the lack of assistance for lost and damaged documentation by almost 58%.

In contrast, 65% reported their satisfaction with the information or support provided by state administrative officials for their compensation applications.

Over 70% perceived the government’s management of donor funds as transparent; while almost 70% said that the distribution of relief had been fair.

The top three factors that worsened the impact of Cyclone Ditwah in decreasing order, according to those polled are – settlements located in high-risk areas which are flood or landslide prone; the weak enforcement of land-use and building regulations; and inadequate drainage and water management infrastructure.

These findings are drawn from SSA’s island-wide survey conducted in early to mid-January 2026 across all 25 districts of Sri Lanka, with a sample size of 1,251 respondents. Sample distribution was designed to reflect the ethnic composition and population distribution of each district, including Sinhala, Tamil, Malaiyaha Tamil, and Muslim groups. The data were weighted by ethnicity and district population to reflect the actual district-level demographic composition, ensuring national representativeness. All interviews were conducted in the respondents’ first language by an experienced team of 55 field enumerators.

The full survey report is open access https://ssalanka.org/cyclone-ditwah-impact-response-and-recovery-survey-findings-of-sri-lankan-public-perceptions/

Nawaloka Hospitals PLC, a pioneer in Sri Lanka’s private healthcare sector, is taking a bold step into the future by integrating Artificial Intelligence (AI) into healthcare. Demonstrating its commitment to advancing medical innovation, the hospital group will proudly serve as the Platinum Sponsor of the 15th edition of the Medicare – International Healthcare Exhibition 2026, where it will unveil its latest AI-driven technologies.

The three-day exhibition, scheduled from 6 to 8 March 2026 at the Sirimavo Bandaranaike Memorial Exposition Centre (BMICH), Colombo, is widely recognised as the nation’s premier platform for healthcare advancement, knowledge exchange, and industry collaboration.

With Nawaloka Hospital Holdings PLC’s unwavering dedication to healthcare excellence, its role as a lead partner strengthens Medicare 2026’s vision of shaping a healthier future for Sri Lanka. Visitors will gain unique insights into the practical applications of AI in clinical practice and its transformative impact on healthcare delivery.

Since its inception, Nawaloka Hospital has led the introduction of advanced medical technology in Sri Lanka – from pioneering the nation’s first CT scanner to now embracing AI-driven healthcare solutions. The hospital is developing AI-powered CT, MRI, OCD, and cardiac scanners for early, non-invasive disease detection, delivering faster and more accurate diagnostics.

Jayantha Dharmadasa, recognised as a Lifetime Achiever in Private Healthcare, has consistently demonstrated excellence in driving innovation within Sri Lanka’s private healthcare sector. Under his leadership, Nawaloka Hospitals has significantly contributed to the nation’s medical advancements, successfully performing over 25,000 bypass surgeries and preventing medical outflows.

Nawaloka Hospital is also advancing toward AI-integrated workflows and data-less hospital environments, improving operational efficiency, data security, and patient care in alignment with global smart healthcare trends. With this continued innovation, the hospital reaffirms its mission to provide world-class, future-ready healthcare for the people of Sri Lanka.

As the Platinum Sponsor of Medicare 2026, Nawaloka Hospitals PLC is poised to inspire healthcare professionals, industry leaders, and policymakers to accelerate digital transformation and innovation in healthcare – building a stronger and healthier tomorrow for Sri Lanka.

Sri Lanka’s construction sector recorded a further expansion in December 2025, with the Purchasing Managers’ Index for Construction (PMI – Construction) rising to 67.1 from 66.2 in November, according to the Central Bank of Sri Lanka (CBSL).

The CBSL said a majority of firms reported a notable increase in construction activity during the month, despite initial operational disruptions caused by adverse weather conditions.

The New Orders Index also strengthened, increasing to 67.6 in December from 64.7 in November, reflecting a higher rate of expansion. Survey respondents attributed this to an increase in both Government-funded infrastructure projects and new private-sector developments.

The construction sector employment Index eased to a neutral level of 50 from 57.4 in November, indicating stable employment conditions during the month. The Quantity of Purchases Index remained in expansionary territory at 54.2, although at a slower pace compared to November’s 58.8.

Suppliers’ Delivery Time continued to lengthen in December, with the index rising to 56.9 from 53.0 in the previous month, pointing to ongoing supply-side delays.

Looking ahead, the CBSL said the outlook for construction activity over the next quarter remains positive. This optimism is supported by the scheduled commencement of several new projects, favourable weather forecasts in 2026, and ongoing post-cyclone reconstruction efforts, which are expected to provide additional momentum to the sector.

‘Sri Lanka’s railway system faces mounting safety and operational challenges, with more than 400 railway level crossings remaining unsafe and an ageing fleet increasingly prone to failure, according to official data.

Between 2020 and 2024, at least 385 accidents were reported at railway level crossings, resulting in 37 deaths and 105 injuries. Investigations attributed many of these incidents to unsafe crossings and weak enforcement of safety measures. Out of more than 400 level crossings identified as unsafe, 185 were private, while 1,177 fell under the responsibility of the Department of Railways. Of these, only 300 were fitted with railway gates and 438 with signaling systems. The remaining 439 crossings, including around 200 manually operated gates, were categorised as unsafe.

Despite the risks, comprehensive remedial action had yet to be taken. The Department of Railways said most of the unsafe crossings had now been marked as dangerous, with railway stations issuing warnings and installing speed limits and signage as temporary measures. However, the Department acknowledged that urgent and permanent safety interventions were required to prevent further loss of life.’

Having proposed a simple, low cost and effective alternative to mitigate accidents at railway crossings through the press from 2013 to 2023, the writer was informed by the Department of Railways that they have started constructing humps where necessary in consultation with the local authorities and the Road Development Authority.

Now, the writer wishes to quote relevant excerpts from one of his several articles that appeared in the press to update the authorities and the readers.

‘Yet another tragedy has occurred, this time at Batuwatte again due to an unprotected railway crossing. Readers will recall that a simple, low cost and an effective proposal sent by me appeared in both the Sinhala and English press under the above caption in the month of July 2013. Accordingly, if some action was taken to construct speed-breakers (humps) on either side of this particular railway crossing, this tragedy would surely have been prevented. It is sad and unfortunate that the authorities concerned turn a blind eye to public opinion despite the fact that some readers have responded to the press endorsing my proposal.

Sometime ago, the Ministry of Higher Education (obviously to draw the attention of the academia) launched a competition to attract low cost-effective proposals to solve this railway crossing problem. So far no concrete action seems to have been taken towards this end except for short listing the competitors. (It indicated that the Ministry was obviously looking for highly technical solutions for reasons best known to them.)

In this regard it is pertinent to quote a villager from Wanwasala (where another tragedy occurred recently) who said ‘no one can rely on that bell. Sometimes when it rains heavily it rings continuously till someone fixes it. Vehicles with their shutters closed and the radio on, wouldn’t hear it on most occasions.’ This clearly shows the inherent drawbacks of technical solutions as well as their inability to adequately warn the motorists who sometimes are really negligent as in the case of Batuwatte.

In the circumstances, the best option is not to rely fully on audio or visual warnings but to force motorists to either stop or slow down on seeing a progressively built road-breaker/hump. Motorists in Sri Lanka are well used to slowing down or stopping their vehicles at humps and we have hardly witnessed accidents caused by them.

It is admitted that road-breakers are not feasible at all railway crossings particularly at those places where sharp bends are encountered.’

The writer fervently hopes that the new Government will take prompt steps to install the proposed low-cost, quick to construct and effective road-breakers, (also known as ‘sleeping policemen’), painted in red and carrying the wording ‘Stop-Railway Crossing’ in all three languages at the said unprotected railway crossings in order to prevent unfortunate accidents in the future.

INDIGENOUS tree focused reforestation expert Prof. Friedhelm Goeltenboth on Thursday evening delivered a detailed lecture on restoring landscapes and biodiversity.

Prof. Goeltenboth serves at the University of Hohenheim, Germany and is Scientific Advisor to NatureLife-International, a German-based organisation working on environmental protection and sustainable development.

He was hosted by Dilmah Conservation for the well-attended talk given at Genesis, the Dilmah Centre for Sustainable Future in Maligawatte, as part of the Genesis Thought Leadership series.

A regular visitor to Sri Lanka over the decades, he is familiar with the lament of deforestation in the country and has been working with many likeminded Sri Lankans to rectify the situation with rainforest farming.

Prof. Friedhelm Goeltenboth is an expert in indigenous tree-based reforestation, specialising in tropical ecology and agroforestry with around three decades of experience in ‘closest to nature’ landscape restoration following the Rainforestation Farming model.

Sharing examples from diverse countries including Indonesia, China and Sri Lanka, Prof. Goeltenboth explained the priceless investment humans can make in their lives to keep planet earth alive and busted the myth of monoculture industrialised farming being seen as the answer to deforestation.

Explaining that nature is never the enemy of humans, unless driven by shortsighted greed and humans create such a scenario, Prof. Goeltenboth spoke at length on how the clearing of natural rainforests in diverse parts of the world to farm mass scale crops such as palm trees or cassava is having a disastrous impact on our home – planet earth. He explained that in places such as Indonesia and Vietnam where for example industrialisation of mono crops of palm trees are grown, the earth resembles a cometary with no insects buzzing around due to biological components of the palm tree and high intense agricultural measures. So what is the solution? Returning to the science of the earth – farming through the creation of natural forests beginning with collecting seeds from indigenous plant species, transporting them in nature based means such as wrapped in banana leaves or cane baskets (plastic bags are not recommended due to mould gathering owing to humidity) and thereafter creating sustainable food production units that emulate forests. This means they have a canopy like what nature intended and ancient indigenous community sustainable food growing systems like the Kandyan home gardens in Sri Lanka.

Enhancing forest cover

It is now weeks since Sri Lanka suffered from one of the worst natural disasters in recent history where over 600 humans were buried instantly under collapsing mountains and those listening to Prof. Goeltenboth understood that what we are facing may be just the tip of the iceberg as calamities such as these are building up where any day could be a doomsday. However, what was also made very clear is that each human on this earth could make a difference by choosing authentic and honest to earth means of returning to the planet its due – rainforests. In doing so it was emphasised that humans can carve a niche for human sustenance by creating the forests in a manner that integrate nature driven food production.

Given that this illness infested world has lost most of its plant species of indigenous medicinal nutrients, Rainforest Farming could be the saving grace for the health of humans and that of the soil which are in any case entwined like veins in one body.

The lecture of Prof. Goeltenboth was ‘scientific’ using the yardstick of modern science, however it was clear that he considered the earth as his superior, not a student who should learn from man. One striking photograph that he featured in his presentation was of humans in China contracted to be ‘pollinators’ – perched atop trees, because industrialised chemical agriculture had killed off the bees and bats who do this duty free of charge.

‘This is the pathetic state that we have got to in our world. May we end this so that our future generations never see this kind of scenario,’ Prof. Goeltenboth stated, stressing that this planet we are occupying for the fraction of time that it takes for a lifetime to be spent is borrowed from the future – from the future of future lives.

He also reminded us of things we may have forgotten – such as how the tea plant which we generally known as a dwarf shrub is actually a tall tree. What we see around us is the version doctored by man to fetch out a particular brew.

Although he did not feature in detail the lists of individual indigenous plant varieties that can be drunk or eaten by humans – it is upto us thinking beings to research into the deep earth intelligence and be introduced to the extent of food and drink that the earth has gifted us. We could then understand the vastness of the bounty we have missed in our race towards the deadly mirage that we have daydreamed ourselves into, myopic of the shortly arriving nightmare.

In his blunt assessment of the worldwide ‘conferences’ that are held in the name of finding solutions to climate change and related natural disasters Prof. Goeltenboth quipped that there are three levels of discussions – talk, small talk and gossip. Much of the international events purportedly championing earth protection realistically fall in the above three categories, he noted.

Carbon sequestration standards

Speaking on carbon sequestration standards his presentation showed that five standards presently cover the essential issues for credible carbon accounting methodologies. What was explained was;

‘That Clean Development Mechanism (CDM)’ is only applicable for the carbon offset market afforestation and reforestation and that Voluntary Carbon Standard (VCS) provides guidance on carbon accounting with climate, community and biodiversity standard (CCB) including social and environmental impacts.

Drawing examples from countries such as Indonesia the link between community poverty practices that keep the earth poor as well was pointed out. One example which was narrated was how a relatively small amount borrowed by a South East Asian rural family from a landowner who sold his land for monoculture farming kept the indebted family entrapped for over three generations. The sum had risen to 3,000 Euros which although not a big sum by international standards was a massive amount in a rural village and the male family member was a slave of the landowner.

‘We provided 3,000 Euro to this man. We saw the transformation. He changed from being a bonded conspirator who damaged the earth through high intense industrialised farming (due to a family debt) into being an earth restoration focused farmer joining the global Rainforestation Farming endeavor.’ The ‘incentives’ that can be obtained through the result of such a metamorphosis was shown. For example, speaking on the intersection between tourism and nature he emphasised that a ‘monoculture’ is of no interest for tourists and that a foreign visitor to a particular geographical location would want to see highly diverse ecosystems. Prof. Goeltenboth pointed out that these indigenous eco systems do not exist in an isolated manner but are immersed with cultural places of interest and traditional rural life.

Economic quantification

One of the most important points of his lecture was the economic quantification of a standing tree (generally we consider a dead tree to be of financial value). Referring to a living indigenous tree of great height growing in the Asian region it was pointed out that in an anticipated total lifespan of about 80 years the oxygen production worth in USD would be $31,250, pollution control $62,000, anti erosion $31,250 and water retention and filtering on a similar financial scale.

The planting of rainforest farming begins with collecting the seeds from forest based indigenous mother trees and then carefully nurturing the trees after planting them in the shade to be transported again very carefully to the designated rainforest farming location. From his experience in Sri Lanka the Winged Seed of Indigenous Rainforest Tree (Dipterocarpus Ceylonica) was cited as one of the seeds that can be collected to save the earth best and be incorporated into rainforest farming. Asked by a member of the audience if seed dropping from planes/sky can be used to aid the reforestation process in locations that humans cannot access, he replied in the affirmative.

We will at this point end this piece of writing but this theme will be continued. We will also publish a discourse with Prof. Friedhelm Goeltenboth who uses his academic training in tropical ecology, agro ecology and environmental sciences to promote sustainable agriculture in the tropics, tropical forestry and landscape rehabilitation.

Sri Lanka’s apparel industry marked a milestone with its first country pavilion at Source Fashion 2026. The exhibition was held from 13 to 15 January 2026 at Olympia London, one of Europe’s leading apparel sourcing events.

The pavilion was officially inaugurated on 13 January with a ribbon-cutting ceremony. High Commissioner of Sri Lanka in the UK Nimal Senadheera and UK’s Trade Envoy to Sri Lanka Lord Hannett of Everton OBE presided over the event. Apparel and fashion industry representatives, exhibitors, invitees, and officials from the EDB Sri Lanka and the Sri Lanka High Commission in London attended the ceremony.

Sri Lanka’s participation was jointly organised by the EDB, Sri Lanka apparel industry, and the Sri Lanka High Commission in the UK. The objective was to strengthen trade ties, expand buyer networks, and position Sri Lanka as a preferred sourcing destination for the UK and European markets.

Twenty Sri Lankan apparel booths, including 12 SMEs, showcased locally manufactured apparel, textiles, handmade products, and value-added solutions for both industrial and consumer use.

The pavilion highlighted manufacturers and designers offering high-quality, ethically produced collections. Sustainability, transparency, innovation, and long-term partnerships were central themes.

Exhibitors included Star Garments Group, Insomnia, JK Garments, New Universe Clothing SL, Protector Clothing Manufacturers, Janasri Mills, Pridemo Apparel, Senvin Collection, True Digital Printing, Concord Manufacturing, Kobithan Garments, Hayleys Free Zone, JAS Activewear, Krisherert Holdings, Jia Moda, Randhi International, ‘Creative Sri Lanka’ booth, and the EDB booth.

Sri Lankan apparel also featured prominently in a series of Source Fashion Catwalk Shows highlighting the country’s design and manufacturing capabilities alongside world-class international apparel showcased at the event.

Sri Lanka’s presence at Source Fashion, London 2026 was further strengthened by new trade opportunities which are available for Sri Lanka with zero import duty created under the UKs Developing Countries Trading Scheme (DCTS) mainly due to its flexible or liberalised Rules of Origin which are effective from 1 January 2026, as already announced by the UK. The announced flexibility will create greater opportunities for the competitive enhancement from Sri Lankan apparel exports into the UK market under its DCTS concessions.

Sri Lanka’s participation underscored its growing reputation as a trusted, sustainable, resilient, and innovative apparel sourcing destination. It reflected global market expectations, evolving supply chain requirements, and the Government of Sri Lanka’s vision for export and industry promotion in overseas markets.

Last November, when Health and Mass Media Minister Dr. Nalinda Jayatissa was on a visit to the United Kingdom, he took time to meet with Sri Lankan doctors at an event organised by the High Commission of Sri Lanka in London.

At the meeting, he made a special request to Sri Lankan specialist doctors currently practising abroad to return and re-join the public service in the country, stating that Sri Lanka was facing a shortage of specialist doctors and that the contributions of locally trained specialists are vital at this time. He noted that training a specialist doctor takes many years and, therefore, those who were educated and trained in Sri Lanka have a responsibility to serve their motherland, especially amid the ongoing economic and social challenges.

If they return, he promised they would be reinstated to their original grades along with all service benefits, and that steps will be taken to ensure they receive all essential amenities.

Three months down the line, Minister Jayatissa is saying something contradictory. Angered by threats of strikes by doctors, the Minister vowed not to give in to their threats.

‘If anyone threatens the Government claiming that European jobs pay better, we won’t bend to those demands,’ he warned, adding that no one was forcibly recruited by the Government and they should deliver.

This attitude is not altogether surprising. The JVP-led NPP, while in opposition, was in the vanguard of trade union actions and supported strikes not only by doctors but also by those in other sectors, including vital areas such as the electricity and energy sectors. Then they shifted all the blame to the Government in power even when thousands of people were inconvenienced by such strikes. But now the tables have turned and, hence, the trade unions that have not bent to the demands of the Government have become the villains.

Minister Jayatissa is a medical doctor and should have a better understanding of the challenges medical professionals in the country face. Doctors working in the state sector, particularly in the outstations, face many challenges. There are issues with transfers, promotions, etc., as well as salary issues, and these are all issues that have to be sorted through dialogue. In the medical field, more than any other, it’s the helpless patients who suffer the most, being caught in the tug-of-war between the two sides.

Those in Government have taken to eyeing trade unionists as the enemy now because they are against Government policy. In the case of the education reforms, trade unions that opposed the implementation of the reform without proper discussions have been labelled as saboteurs and accused of working for the Government’s political opponents.

The fact is that all Governments have been at the receiving end of trade union actions. It’s part and parcel of a democracy and has to be addressed through discussions. Many unionists were in the forefront of the election campaigns in 2024, which helped the NPP win convincingly. The support was extended with the hope that issues that were ignored by previous governments will be addressed by the NPP, which showcased itself as being a ‘people’s Government’ that would patiently listen to union demands.

But what’s happening now is putting the Government on a collision course with trade unions, particularly the powerful Government Medical Officers’ Association (GMOA). The GMOA clashed with powerful presidents such as J.R. Jayewardena and won. It’s unlikely it’ll buckle under threats from this Government either.

The GMOA and representatives of all health sector trade unions are now forging a unified approach to issues affecting the public health service. It’s a development which should concern the Health Minister and the Government as a whole. It’s better to extend an olive branch to the threatening trade unionists. Eventually, it will be the public who will suffer if the two sides don’t resolve their issues through discussions.

Ananda College will be led by 3rd year player, Deneth Chamuditha.

He will have Nethsara Kodithuwakku and Seymal Wimalasuriya as his two deputies for the 2026 rugby season.

Ananda College won 3 League matches last season out of the 12 played with wins against St Anthony’s Katugastota, Sri Sumangala Kandy and Science College.

They are fortunate to have experienced Anuraga Walpola as their Head Coach of the outfit. Dinesh Kumara will be their Backs Coach and Trainer of the outfit with Hashan Kavinda Managing the outfit

The poet TS Eliot wrote that, ‘between the idea and the reality, falls the shadow’. And also, ‘between the conception and the creation, falls the shadow’. The Government’s proposed Protection of the State from Terrorism Act (PSTA) is a good, recent, chilling example of this premonition. And uncanny echoes between the PSTA and the erstwhile Prevention of Terrorism Act (PTA) urge citizen watches to careful scrutiny and critical engagement ahead of any ratification of the Bill.

First, to be fair by the powers that be, it behoves us to examine what the NPP Government claims it wants to do. Official champions of the PSTA say it is meant to modernise Sri Lanka’s counter-terrorism framework and move past the archaic Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979. Proponents claim it is positioned as a replacement rather than as a revival of a long-criticised statute and is currently open for public consultation.

There may be a genuine rationale for a legitimate counter-terrorism framework if the following conditions can be fulfilled:

It aligns with international human rights law and Sri Lanka’s constitutional provisions for the protection of civil rights in keeping with the clear democratic norms states subscribe to

It clearly defines terrorism rather than broadly criminalising dissent

It provides robust checks and balances – including judicial oversight, limits on detention without specific charges, and procedural safeguarding of human rights

So in theory, a replacement for the PTA that actually respects fundamental rights and narrows powers to genuine threats could improve the rule of law and restore confidence in a justice system that has been compromised severally over the years.

But the draft PSTA published for so-called public scrutiny so far fails to recognise these merits in concept and could unleash another draconian law that fetters democracy in practice later, if it is allowed to pass muster without stringent critique now.

PTA v PSTA

Comparisons are odious, yet often necessary. So here’s a study in putative contrasts – and, in plain fact, continuities – as to how the Prevention of Terrorism Act and the Protection of the State from Terrorism Act stack up…

As regards scope and definitions:

PTA: broad, vague definitions; no clear definition of terrorism; ‘unlawful activity’ could be interpreted expansively, enabling sweeping arrests and protracted detention of activists, anti-Government agitators, and dissenters asserting their democratic rights

PSTA: broad terminology to define terrorism, including ‘intentionally provoking terror’, and acts that ‘intimidate the public, or compel Governments or organisations’; risks including legal enough political protests and expressive acts under the legitimate umbrella of free speech and the right to lawful assembly under the spurious canopy of ‘terrorism’

In terms of detention and the deployment of executive power:

PTA: permits detention without charges for up to 18 months without meaningful judicial oversight and allows executive orders to so detain

PSTA: retains extraordinary executive powers of detention; reduces maximum continuous extension of detention to two months at a time (vs. PTA’s three), but the cumulative effect still allows a year-long detention without the full procedural protections par for the course in democratic countries

On matters of judicial oversight and due process:

PTA: minimal judicial checks; courts often played only minor roles in initiating detention, review or bail decisions

PSTA: some technical remedies have been introduced (e.g. police officer application to magistrates), but overall it continues to limit meaningful independent judicial control

As regards potential for abuse:

PTA: has been criticised domestically and internationally of arbitrary detention, torture, racial profiling and targeting minorities, and curtailing the legitimate work of journalists, activists, and political opponents for decades

PSTA: critics – again, both at home and abroad – warn that it may replicate the same abuses, retain deliberately vague definitions, enable secret detentions, and fail to uphold international counter-terrorism benchmarks

On the matter of application beyond borders:

PTA: a paper tiger used to rattle sabre against ‘enemies of the state’ in the Sri Lankan diaspora

PSTA: it’ll reportedly apply to Sri Lankan citizens abroad, including diasporic speech and assembly, raising unique concerns about repression of free socio-political expression outside Sri Lanka

In short: while presented as a replacement, the PSTA largely preserves the core architecture of the PTA – the same egregious provisions by another similar-sounding acronym – that enthrones broad executive powers once again, slyly smuggles in vague definitions of key terms and concepts, and keeps the back and side doors open for abusers against human rights to creep in.

So Eliot has that bon mot once again. ‘Between the desire and the spasm … between the potency and the existence … between the essence and the dissent – falls the shadow.’ Ergo, this policy critique ahead of the moving finger writing, and having writ moving on, while we descend into the doldrums of a sub-democratic national milieu.

Policy critique

The PSTA threatens Sri Lanka’s fundamental rights ethos. First in the line of fire is the right of free speech and the right to lawful assembly. Most alarmingly, its vague definitions could classify protest, strike or critical speech as ‘terrorism’. There is not a little irony in a JVP-led Government attempting to safeguard an albeit progressive regime against protests, strikes and scurrilous op-eds!

Then again the PSTA could throw a threatening shadow over the right to fair trial and due process. Preventive detention, extended powers of arrest, and limited judicial review undermine a plethora of constitutional protections.

And last but by no means least, there is targeted repression. Based on the PTA’s chequered history, such proposed laws as the PSTA have the unsalutary potential to affect minorities of many types badly, and especially people of conscience to whom dissent is now inalienable.

On another plane, there is the not impertinent issue of Sri Lanka’s international human rights commitments.

The country made a pledge to its citizens and significant others – including the United Nations Human Rights Council – to repeal the PTA and replace it with legislation more in alignment with a modern nation state serious about its role as a civilised society in an increasingly geopolitically connected world.

This draft of the PSTA as it stands today, as its sternest and most sincere critics could point out, fails to align with international standards while reneging on promises made to global stakeholders in our best national interest.

Worst of all still, given the precarious outcome of an ongoing economic reforms program, a misstep in terms of such a draconian piece of legislation – militantly authoritarian oppression redux – risks jeopardising trade privileges such as GSP+ linked to human rights.

On to recommendations.

Things to do before the Damocles’ sword descends

Civil society would miss a vital cue if it did not demand repealing the PTA in even its phoenix-like resurrection, and settle for accepting a rebranding of the same principles under the PSTA. This would necessitate agitating for not only the abolition of the PTA but also shelving the present draft of the PSTA. Should terrorism-related offences arise, they can readily be dealt with under existing criminal laws… there is no need for special statutes with sweeping powers!

Media and rights-oriented organisations can help to mobilise broad public engagement. As demanded by the Centre for Policy Analysis (CPA), for example, public consultation windows can and must be extended to ensure informed input – not tokenistic window-dressing.

The confraternity of lawyers could also contribute to building legal challenges to the proposed legislation. They should do well to use constitutional litigation to challenge any provisions that contravene human rights and civil liberties – such as preventive detention sans judicial oversight, as has happened in the past with the PTA.

Also civil society across its spectrum – from media and human rights groups, through trade unions and student organisations, to minority rights advocates – could combine its muscle and mindset to present unified critiques and policy alternatives.

There is also the not insubstantial impetus of international advocacy. Sri Lankan stakeholders in the country’s best national interest could engage especially UN mechanisms including special rapporteurs, and other global agencies and instrumentalities – to signal that human rights standards must be upheld, especially given past abuses, and that present and future counter-terrorism measures must be rights-sensitive if not rights-oriented.

In all of this above, public awareness and education will be the key. As outspoken activist and respected academic Dr. Arjuna Parakrama recently said on a public platform convened to oppose the potential abuses of the PSTA: ‘In a democracy, the chief office is that of Citizen.’ So disseminating accessible explanations of how Executive powers could hamstring – or worse – civil liberties all over again is vital. Also crucial is the contribution of citizen voices adding to the clarion calls of concerned academics and agitating professionals, elaborating on how they feel ‘terrorism’ can and must be defined in human rights consistent ways that defend and safeguard civil liberties.

Last not least – conscientious actors in Governmental circles could themselves develop a state legal framework, in response to civil society’s proposed alternatives, to develop a transparent drafting process that is grounded in international best practice. Whether official or alternative, such legal draughtsmanship could do well. to ensure – clear, unambiguous, even narrow definitions of ‘terrorism’; strict procedural safeguards (due bail, timely judicial review); independent oversight bodies; and accountability for and action against abuses and abusers.

The final word

While Sri Lanka legitimately needs laws to address genuine threats to national security and public safety, the draft Protection of the State from Terrorism Act (PSTA) as it stands today appears to reproduce many of the same draconian features of the Prevention of Terrorism Act (PTA) it ostensibly seeks to replace.

These include expansive Executive powers, vague definitions, and limited rights safeguards – all of which are anathema to a functioning, accountable and transparent democratic republic.

Rather than a reform of the status quo through repealing the PTA once and for all, there is the risk that the PSTA will simply rebrand repression, which would stifle dissent and attack civil liberties.

Therefore, at this critical juncture, civil society can and must agitate not merely for amendments, but for an alternative framework and a decent new counter-terrorism law that respects local constitutional and international human rights norms.