Reimagining National Security for Sri Lanka: Emphasising both Territorial Integrity and Individual Welfare

A reimagination of what national security means and, thereby, encompasses for Sri Lanka is vital to better encapsulate and understand the contemporary security concerns that it faces. This Brief calls for a reimagination of national security that necessitates securing the territorial sovereignty of the state whilst simultaneously securing its constituents as well, thereby defining national security as ‘a low probability of damage to the acquired values of the state and its constituents, and the absence of fear that such values will be attacked’. This is a synthesis between the traditional and human security approaches, the former entailing the security of the territorially sovereign state with the latter prioritising the individual welfare of the constituents of the state with respect to the seven core values of economic, food, health, environmental, personal, community, and political security.

The value here is two-fold. Firstly, it is recognised that securing the territorial sovereignty of the state does not necessarily secure its people, though it is a prerequisite for doing so as ensuring the protection of any of the seven core values of the human security approach would not be possible if the territorial sovereignty of the state was compromised. Secondly, the human security approach allows for addressing many contemporary security concerns that fall outside the scope of the traditional security approach.

Such an approach in Sri Lanka’s present context translates to several key areas of consideration, namely: terrorism; extremism and conflict resurgence; defence expenditure and the armed forces; cyberspace; climate change; the economy and regional geopolitics. In order to counter terrorism effectively the National Security Council, as the apex national security decision-making body, must be given statutory basis and its own secretariat that is led by a National Security Advisor. Additionally, a legal framework, alongside a judicial or quasi-judicial enforcing body, providing for surveillance powers under certain conditions should be established. It is also imperative that the Prevention of Terrorism Act be repealed in favour of counter-terrorism legislation in line with international best practices and Sri Lanka’s obligations under international human rights law. Lastly, the need for a Public Prosecutor’s office that is separate and independent of the government having the sole responsibility to indict and prosecute gained further currency in the wake of culpability in the Easter Sunday Attacks of 2019.

Sri Lanka is no stranger to extremism and conflict, and so shrinking the space for extremism and conflict resurgence is crucial. Therefore, addressing the push and pull factors for extremism is a must. This entails ensuring: the independent and impartial functioning of the public service, law enforcement, and the judiciary; equality of opportunity in recruitment and nominations to government bodies and institutions regardless of religious, ethnic, linguistic, and/or cultural background; government bodies and institutions having some representation of the stakeholders affected by its objectives. Moreover, civic, cross-cultural, and cross-religious education in primary and secondary educational institutions is an imperative to create a citizenry that is respectful of human rights, democracy, and Sri Lanka’s religious, ethnic, linguistic, and cultural diversity. Furthermore, the spread of misinformation, disinformation, and hate speech must be mitigated and those responsible for it and other acts of extremism must be held accountable. Lastly, an effective system of provincial devolution would be valuable in addressing a continuing ethnoreligious grievance that was at the heart of Sri Lanka’s protracted and brutal civil war.

The excessive and wasteful expenditure on defence must be reduced and optimised. This involves reducing the number of active-duty troops and increasing the number of reserves by curtailing recruitment and a voluntary retirement scheme where those that do retire but need alternative employment are aided in that transition. Additionally, the lion’s share of resources must be redirected from the army to the navy as the sea is the frontier of defence for Sri Lanka. This has spillover benefits for addressing maritime piracy and terrorism, human and drug trafficking, and IUU fishing as the navy would be better resourced. Relatedly, addressing the challenges of cyberspace requires improving the cybersecurity capabilities of the military, in addition to the government needing to enhance its cybersecurity capabilities to protect its digital infrastructure, as the increased incorporation of digital development into conventional military hardware brings with it vulnerabilities that can be the target of a cyberattack. The military should also establish a branch dedicated to threats emanating from cyberspace. Moreover, the government must also develop new and/or update national policy and legislation on subjects pertaining to cyberspace.

The threat that climate change poses to national security cannot be exaggerated. It is an issue that necessitates greater pragmatism in policy formulation and, as it is a cross-cutting issue across government, extensive coordination in policy implementation. Furthermore, given Sri Lanka’s heightened vulnerability to the impacts of climate change there is a need to prioritise conservation and climate change adaptation over mitigation. Both conservation and adaptation efforts would benefit from decentralised governance through the devolution of powers to the provinces as the provincial level is closer to the people and better situated to understand the unique challenges each province faces. Relatedly, in order to pursue sustainable development whilst aiding Sri Lanka’s recovery from national insolvency, green finance and the blue economy represent engines of growth for the Sri Lankan economy.

Finally, in navigating the geopolitics of the Indian Ocean Sri Lanka must tread carefully to ensure that it is not dependent on a single state or bloc for its economic recovery and development to prevent undue external influence over the country. Additionally, a Parliamentary Select Committee for foreign policy formulation and revision should be established for a more bipartisan and consistent Sri Lankan foreign policy alongside an effective foreign service that has the capacity to expand and build on Sri Lanka’s relationships with other countries. The latter requires the foreign service to be depoliticised, and better staffed and resourced. Lastly, legislation on political financing must be strengthened to limit the role of foreign powers financing election campaigns in Sri Lanka with state intelligence services having the capacity to enforce such legislation.

By no means is this an exhaustive list of what should be taken into consideration nor do the recommendations wholly address what should be done in any of these areas. However, they do demonstrate the scope of issues that are relevant to the reimagined conception of national security asserted in this Brief, the similarities and differences in how these issues affect the Sri Lankan state and the Sri Lankan people respectively, and how these issues interact and relate to each other.

 

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CPA Statement on the Wilful disregard for the Constitution by the President

29th July 2024

The Centre for Policy Alternatives (CPA) notes with grave concern the actions of the President and the Government in response to the Supreme Court’s interim order last week restraining Mr Deshabandu Thennakoon from exercising the powers, functions, and responsibilities of the office of the Inspector General of Police (IGP). This interim order has been met with statements by the Government, including a formal statement in Parliament by the Prime Minister on 26th July explicitly rejecting it, that raises alarm as to whether Sri Lanka is heading towards a constitutional crisis. CPA urges the President to desist from any or all action that raises that prospect. This is against the backdrop of the Election Commission issuing a gazette setting the date of the Presidential Election to be held on 21st September 2024, and it is incumbent on the Government and all stakeholders to adhere to the Constitution and respect the integrity of the election. Any attempt to subvert elections and the rule of law will have significant implications on governance and democracy and setback Sri Lanka’s path towards economic recovery and stability. 

The following briefly sets out some of the recent events and their implications. 

The Supreme Court’s Interim Order on the IGP

The Supreme Court’s interim order this week was in response to several cases filed challenging the appointment of Mr Thennakoon as IGP. One of the petitions was filed by CPA’s Executive Director. After hearing lengthy submissions, the Court found that the Petitioners’ case could proceed to the next stage and in light of the strong case made out, the Court also granted an interim order. 

CPA welcomes the interim order which upholds the clear and unambiguous provisions of the Constitution. CPA’s position is that, on the documents produced by the Respondents in court, including the minutes of the Constitutional Council meeting, it is clear that the President could not have appointed Mr Thennakoon as IGP on 26th February 2024, as the required support of at least five members of the Constitutional Council was not met.

CPA notes that the President is duty bound to uphold the Constitution. Nothing in the order would prevent the President from making an acting appointment after following the appropriate procedure set out in the Constitution. If the President does not make an acting appointment, that is a choice he makes and he would be fully responsible for the consequences of that choice. Wilful violation of the Constitution, including by refusing to do what the Constitution requires him to do, is a ground on which a President can be impeached. As seen in several recent cases, a person holding the office of President can also be held liable in his individual capacity even after the conclusion of his term of office for such violations. In such a context, any action to subvert and/or undermine the Constitution by the individual holding the office must be monitored and necessary legal action pursued. 

Misinformation on the Supreme Court’s Interim Order

CPA also notes that there has been significant misinformation on the validity and the impact of the Supreme Court’s order, including in the Prime Minister’s statement to the House on 27th July. The Supreme Court’s interim order was not against Parliament, nor was it against the Constitutional Council. The Constitutional Council, moreover, is not a committee of Parliament and thus is not protected by the parliamentary privilege of exclusive cognisance. A judicial decision that the President disagrees with is not sufficient basis to claim a judicial attack on the powers and privileges Parliament.  The order of the Supreme Court restrains Mr Thennakoon personally from functioning in the office of IGP. Any suggestion that the order is an order against the functions of Parliament is without merit and lacks any basis in terms of the Constitution and the law. Having misinformed itself on these matters, the Government has in its irresponsible response to the Supreme Court acted in breach of several constitutional conventions that are central to the rule of law, the separation of powers, and the independence of the judiciary. These include the conventions that the Government: obeys the orders of a court even and especially when it does not agree with the reasoning of a judicial pronouncement; does not attack the judiciary in Parliament or elsewhere; and observes the sub judice principle.    

CPA also notes the misinformation campaign to indicate that the President cannot make an acting appointment to cover the functions of the office of IGP. This claim is patently false. The Constitution makes specific provision for acting appointments (Article 41C(2)). The only requirement is that when such an appointment is for a period of more than two weeks, the President needs to get the approval of the Constitutional Council. Furthermore, recent examples dispel these false claims. Firstly, in the aftermath of the 2019 Easter Sunday attacks, the then President appointed Mr. C.D. Wickramarathne as acting IGP whilst Mr. Pujith Jayasundara (who was the IGP) was suspended pending investigations in to his conduct. More recently, an acting appointment to the office of IGP was made when Mr Thennakoon was first appointed as acting IGP in November 2023. 

As such, there is no impediment for the President to make an acting appointment to the office of IGP. In fact, the Constitution requires the President to respect the order of Court and his own responsibilities in terms of the Constitution to make a suitable acting appointment. It is unfortunate that the President seems to be acting in a manner intended to frustrate the order of Court and subvert the Constitution. 

The Supreme Court’s Interim Order and the Presidential Election 

CPA notes the attempts to imply that the interim order may have a bearing on the holding of the presidential election. The interim order has no impact on the conduct of elections. The order leaves it open to the President to make a suitable acting appointment in terms of the Constitution. Even if the President does not make such an appointment, the Election Commission has provision in the Constitution to give necessary orders to the hierarchy of the Sri Lanka Police to perform functions relating to the election (Article 104G and 104GG). 

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CPA mourns the loss of Mr. Rajavarothiyam Sampanthan

The Centre for Policy Alternatives (CPA) mourns the loss of Rajavarothiyam Sampanthan, MP, one of the most distinguished parliamentarians of our time, who adorned Parliament with his oratorical skills and legislative ability. 

In his time as a Member of Parliament, and especially as the Leader of the Opposition in 2015-19, he dominated the proceedings of Parliament – in the floor of the House, in Committee, and outside. His élan was reminiscent of an earlier era of our legislature. During the devaluation of Parliament in the period of the current presidential constitution, Mr Sampanthan was among a handful of parliamentarians who kept our tradition and idiom of parliamentary traditions and politics alive. His mastery of historical and policy detail; his fluency in all three languages; his knowledge of our parliamentary customs and procedure; his chairing skill over committees; his genial but firm ability to work with both fellow Members as well as parliamentary officials and civil servants, made him an exemplary legislator. 

Mr Sampanthan was an indefatigable defender of the Tamil people as the leader of his party. He began his professional life as a practitioner at the Bar, but due to his obvious talents, he was co-opted into Federal Party politics. Mr Sampanthan was one the most articulate and intelligent defenders of the constitutional claims of the Tamil people in the form of a federal Sri Lanka. With his linguistic and cultural felicity, however, he loved and delighted in the company of all the other communities of Sri Lanka. He was one of the true exemplars of a plural and united Sri Lanka. 

He was a friend of CPA and many members of CPA, actively participating in our activities both in the country and abroad over many years. He was a superb raconteur, sharing (often rather long) stories with knowledge, wit, and wisdom, and with the impeccable timing of the born story-teller. He had a most healthy sense of humour, and he enjoyed being teased (within limits).        

In Mr Sampanthan’s passing, we have lost a politician to whom civic duty was all, and we send our condolences to his family and all of those who, like us, admired and appreciated him.

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15 Years Later

Sri Lanka continues to face significant challenges 15 years since the end of the civil war in the country. Successive governments have struggled to address issues such as memorialization, land conflicts, militarisation, and economic disparity. These and other problems are setbacks for healing and coexistence. Without a real commitment to solving these issues, trust in the government remains low, and reconciliation seems far off.

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Public Opinion on Reconciliation in Sri Lanka, May 2024

This report presents key findings of the survey on reconciliation conducted by Social Indicator (SI), the survey research arm of the Centre for Policy Alternatives (CPA). Given the background, the year 2024 marks the 15th anniversary of the end of the civil war in Sri Lanka, the poll was designed to capture the current public opinion on matters related to themes of democracy and reconciliation in Sri Lanka. The survey findings on economic and educational growth prospects, safety and security, political interactions, as well as views on political and religious leadership are discussed in this brief report. The fieldwork was conducted between 19th February and 13th March 2024, with 1372 sample respondents

The Report in English can be downloaded from here

The Report in Sinhala can be downloaded from here

The Report in Tamil can be downloaded from here

 

Understanding Interconnections between Human Rights and Economic Crimes in Sri Lanka: Exploring Issues and Potential Ways Forward

In Sri Lanka, economic crimes perpetrated by PEPs have received critical attention at present, where there have been discussions on plausible interventions to address the culture of impunity and the human rights implications of economic crimes. This report, written primarily to understand and advocate for key issues concerning addressing economic crimes in Sri Lanka, maps out several interconnections between economic crimes perpetrated by PEPs in Sri Lanka and the human rights implications of such crimes. Since the notion of economic crimes suffers from an inherent conceptual confusion, there are a myriad of policy prescriptions and interventions to address economic crimes. With this understanding, the report examines a selection of issue areas concerning impunity for economic crimes in Sri Lanka in-breadth through empirical research. The report consists of three chapters. In Chapter 1, we outline the point of departure of the study, by laying out the conceptual framework of the research. The second chapter is dedicated to presenting the findings of the study, where the readers are provided an overview of certain challenges encountered in addressing economic crimes. This chapter analyses the empirical data collected in the research, by setting out the cross- cutting structural, legal as well as socio-political issues reinforcing a culture of impunity for economic crimes in the country. In the final chapter, we discuss potential interventions that could be utilized in advocacy efforts and strategies for various stakeholders to amplify the demands on the accountability for economic crimes in Sri Lanka at present. The annexure at the end of the report, provides a snapshot of several case studies on grand corruption in Sri Lanka, which could be considered as some of the emblematic cases of economic crimes in the country.

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Shifting Tides – A Trend Analysis of Public Opinion on Reconciliation and Democracy in Sri Lanka

This report provides a comprehensive analysis of evolving public opinion on democracy and reconciliation in Sri Lanka, over the past two decades. Employing a comparative approach, it examines responses to recurring questions posed in a series of surveys conducted by SI-CPA and delves into an exploration of longitudinal trends on the following topics: majority-minority relations, social trust, political safeguards for minorities, trust in democracy and institutions, power sharing, secular constitution, and support for constitutional reforms.

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