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By: Dr. Chandana (Chandi) Jayawardena DPhil President – Chandi J. Associates Inc. Consulting, Canada
Geraldine D’Rozario epitomises elegance and sophistication as a former Miss Sri Lanka and celebrated supermodel. With an illustrious career spanning four decades, she has graced countless magazine covers and catwalks, leaving an indelible mark on the fashion industry. Beyond her mesmerising presence on camera, Geraldine has showcased her talent behind the scenes, choreographing and coordinating captivating fashion shows.
From her humble beginnings in the advertising industry at the tender age of five, Geraldine’s star has only continued to rise. Her journey on international catwalks began in Sri Lanka at the age of 13 and has since taken her across Asia and Europe. Along the way, she has garnered a plethora of accolades from beauty pageants and industry insiders alike.
Today, Geraldine lends her unparalleled expertise as a full-time fit model for prestigious international brands in Sri Lanka, embodying the epitome of style and grace with every step she takes.
In my 32 years of acquaintance with Miss Geraldine D’Rozario, our encounters in 1992 and 2024 remain etched in my memory. Each moment spent in her presence is a testament to her intelligence, exotic allure, captivating smile, and unparalleled beauty, leaving an enduring impression that transcends time.
“Chandi, take a look at that enchanting little girl in this award-winning TV ad,” my wife nudged me, pointing towards an intriguing advertisement for Dot Toffee. “She’s cute as a button,” I remarked. At the time, we lived in Habarana where I served as the General Manager of The Lodge and The Village hotels. Alongside our normal duties, my wife and I occasionally dabbled as part-time actors, primarily for TV commercials.
“She has your beautiful features. Perhaps she could portray your daughter for the Royal Milk Powder ad campaign,” I suggested to my wife. Regrettably, we couldn’t locate the girl in time for the shoot. Later, we discovered that the adorable child, Geraldine, was the niece of a friend of ours and a former Miss Ceylon, Yvonne D’Rozario.
Meeting at Mount Lavinia Hotel in 1992
One day in 1992, during my tenure as the General Manager of Mount Lavinia Hotel, Yvonne D’Rozario called me and said, “Chandi, I’d like you to meet my niece. She’ll be joining me on the Terrace.” “Is that the little ‘Dot Toffee’ girl?” I inquired. “She’s not a little girl any more; she’s a stunning teenager and seasoned fashion model. If you’re producing ‘The Model of the Year’ competition again, Geraldine might participate. Just before you came to Mount, she won the Little Hut Valentine’s Day Queen at age 15. I’m now encouraging her to compete for Miss Sri Lanka next year,” Yvonne told me.
Upon meeting Geraldine for the first time, I was not only struck by her captivating beauty but also by her politeness, refined manners, and eloquence. Geraldine expressed keen interest in learning more about the romantic tale of Lavinia Aponsuwa and Sir Thomas Maitland. I escorted Geraldine to the historic wing of Mount Lavinia Hotel, where I elaborated on the intricate details of this legendary love story that unfolded from 1805 to 1811, captivating her attention.
Over the subsequent 27 years, I occasionally heard news snippets about Geraldine, including her triumphs at beauty pageants and on the catwalk, but we never crossed paths. In 2019, Geraldine reached out to me via social media. “Hi Uncle! I’m not sure if you remember me… I’m Yvonne D’Rozario’s niece. I was just a little girl when we met at Mount Lavinia Hotel. You shared the entire history of the hotel with me…
It’s wonderful to reconnect on Facebook after all these years. Take care and God bless.” We planned to meet during my next visits to Sri Lanka in 2019 and 2020, but due to our busy schedules and the pandemic, five more years passed before we could meet.
Geraldine opening the Vouge Jewellers Show in 2022.
A Pleasant Surprise at a Book Launch in 2024
Upon learning about the launch of my latest book in Colombo in March 2024, Geraldine texted me: “I’ll definitely be there.” Having not seen her in over 30 years, and considering her demanding schedule, I didn’t expect her to attend. During the book launch, as I scanned the packed auditorium of the Sri Lanka Institute of Tourism and Hotel Management (SLITHM), I couldn’t spot Geraldine.
After the event, while signing copies of my book, I noticed a young lady patiently waiting at the end of the line until I had a moment free. She enveloped me in a warm embrace and exclaimed, “I’m Geraldine, how have you been? Can I call you Chandi?” I was taken aback. “Of course, yes. You haven’t aged a day! You look just as radiant as when we first met when you were a teenager in 1992!” I remarked. Geraldine responded with a grin, “…And you remain as smart as ever. Minus the hair, of course!” She has a delightful sense of humour. We agreed to catch up over a meal at her preferred venue, the Mount Lavinia Hotel, a few days later.
As we collaborated on this article, Geraldine and I communicated almost daily over WhatsApp during the past month. Here are my questions and Geraldine’s responses:
Q: Out of all the places you have visited in Sri Lanka and overseas, what is your favourite and most interesting place?
A: Without a doubt, Paris holds a special place in my heart. Monumental in size, and architectural heritage, it’s also the most romantic city in the world. I fell in love with its charm while cruising down the Seine River, feeling the cool breeze against my face. My favourite spots included iconic landmarks like the Eiffel Tower, Arc de Triomphe, Louvre Museum, Notre Dame Cathedral, Musée d’Orsay, and the breathtaking Palais Garnier. I spent five enchanting days at the Paris Marriott Hotel on Champs Elysees, the epitome of luxury, granting me access to flagship stores of esteemed brands like Louis Vuitton, Christian Dior, and Chanel. It truly felt like living in a dream.
Q: Not many people get opportunities at age five to lay a foundation for a long career. Who mentored and guided you in the 1980s?
A: My mentor was my godmother, Miss Ceylon 1964, model, and choreographer Yvonne D’Rozario. She introduced me to the world of fashion and arranged my first screen test, kickstarting my journey into commercials and advertising at a tender age.
My parents were my greatest pillars of support. My father guided me through life’s lessons, from global affairs to the history of Sri Lanka, instilling independence, confidence, and ambition in me. I fulfilled his dream by becoming Miss Sri Lanka. My mother’s unwavering support accompanied me through every assignment, both locally and overseas.
With members of D’Rozario family, father – Patrick, mother – Bernie, and sister – Bernadine. Q: You commenced walking the ramp at age 13 and won major beauty pageants as a teenager. What were your most memorable experiences as a teenage beauty queen?
A: Each experience holds its own special place in my heart, but the first crowning at 13 remains unforgettable. My debut on the ramp happened unexpectedly when I filled in for a missing model at a fashion show I attended as a spectator. Being crowned Miss Sri Lanka 1993 as a teenager was a proud moment. However, the most memorable experience was being crowned first runner-up to Miss France at the Miss Tourism International Pageant in 1994, outshining other contestants from 43 countries. Winning titles like Miss Talent, Miss Photogenic, and Miss Dream Girl International affirmed the importance of inner beauty and confidence over mere appearances.
Geraldine with her aunt and mentor, the late Yvonne D’Rozario.
Q: What were your key academic, sports, and leadership achievements during your school years?
A: In school, I excelled in athletics, particularly in events like the 100m sprint, 100m hurdles, and javelin throw. I represented the school in various sports teams, including netball, softball, and elle. My leadership skills were recognized when I served as a Western Band Leader from 1990 to 1993, winning the prestigious title of Best Band Leader Island-wide in 1993. Additionally, I held positions such as House Captain in 1991, Head Prefect in 1992 (earning the award for Best Head Prefect of the Decade), Secretary for the English Literature Society in 1992, and President of the Glee Club from 1991 to 1993.
Q: You grew up exposed to training in drama, dancing, and singing. How did those talents and training help you in your career as a fashion model?
A: My passion for music, singing, and dancing was nurtured from a young age. I received vocal training from Mr. Lylie Godridge, enabling me to sing solo and as a soprano for the school choir, which honed my ability to convey emotions through facial expressions. Theatre training under the legendary Mr. Jerome De Silva eliminated stage fright and bolstered my confidence, essential for modelling. Additionally, oriental dancing classes improved physical skills like balance, flexibility, and coordination, vital for a successful modelling career.
Q: You had the privilege of closely working with the best designers, makeup artists, and choreographers. Out of all the inspiring people you’ve met, who inspired you most in your profession?
A: It’s challenging to single out one individual as the most inspiring, as I’ve been fortunate to encounter many who left a lasting impression on me. My godmother, Yvonne D’Rozario, introduced me to the world of fashion and provided invaluable guidance. My parents were constant sources of inspiration and support. Additionally, figures like my school principal, Sr. Hubert Marie, and designer and makeup artist Michael Wijesuriya played significant roles in shaping my career and inspiring me to excel.
Q: You married at 24 and took a break from your career to focus on family. How did you transition back into your profession after a six-year hiatus?
A: While modelling was initially a hobby, I took a temporary break to embrace the role of a homemaker and mother. It was a fulfilling phase of my life, and I have no regrets about it. After my son settled into junior school, I gradually eased back into my career, leveraging my passion, dedication, and resilience to reclaim my position in the fashion industry.
Q: I heard that you were involved in various initiatives related to culinary festivals, charity projects, and guest speaking engagements. Could you elaborate on these experiences?
A: My involvement in the culinary industry included coordinating special projects for the Culinary Festival in 2007 and serving as a Dilmah tea sommelier in 2008. I actively participated in charity events and projects, particularly focusing on initiatives for tsunami victims and underprivileged communities. I also engaged in guest speaking and catwalk training for models in the Maldives, promoting youth empowerment and personal development. Additionally, I’m a guest speaker at the Chartered Institute of Personnel Management, addressing topics like hygiene, personal development, and professionalism.
Q: What is the most noteworthy award you’ve received for your dedication and service to the fashion industry?
A: I was honoured to receive the Lalitha Kala Prasadhi Kala Bushana award from The Jagath Kala Foundation of Sri Lanka in 2023, recognizing my dedication and service to the fashion industry. With a career spanning four decades, I’ve contributed to various facets of the industry, from TV commercials and fashion shows to choreography and leadership roles.
Q: Could you outline your weekday schedule?
A: Certainly. I rise promptly at 6 am and kick-start my day with a refreshing one litre of water. Following that, I indulge in a brisk shower, attire myself, and enjoy breakfast by 7 am. Commencing work promptly at 8 am, I adhere to a structured schedule throughout the day. If fortunate, I allocate an hour for lunch, then resume work until approximately 6 pm. Upon returning home, I promptly dine before heading to the gym around 7.30 pm, typically concluding my session by 9.30 pm. Post-exercise, I freshen up with another shower and retire for the night by 10 pm. It’s a personal rule of mine to refrain from social engagements on weekdays, ensuring my body receives ample rest for a rejuvenated start the next morning.
Q: You have done extremely well in your profession for a very long period. What is your key advice to young fashion models aspiring to be Supermodels?
A: Embrace authenticity, celebrating your individuality while steering clear of mimicry. Stay grounded, embracing opportunities to learn from peers, and foster a spirit of collaboration. In the dynamic realm of fashion, nurturing positive relationships and fostering collaboration is paramount, akin to a tight-knit familial bond. Infuse your work with unwavering passion and devotion, underpinned by disciplined time management. Prioritise both your physical well-being and appearance through a balanced lifestyle.
Define your aspirations and uphold high standards, consistently pursuing excellence to carve out your unique identity within the industry. Nourish your body with wholesome nutrition, maintaining a regular eating schedule, and hydrating adequately, eschewing sugary and carbonated beverages while moderating alcohol intake. Honour your body’s need for rejuvenating rest with a solid eight-hour sleep schedule, ensuring you wake up refreshed.
Commit to a regular exercise regimen, complemented by a meticulous skincare routine and grooming habits that accentuate your natural features. Tailor your style choices to enhance your individuality, avoiding extremes that mask your true essence. Cultivate physical prowess, encompassing fluid movement, coordination, mental agility, and poise.
Chart your path within the modelling sphere, aligning your ambitions with concrete goals and standards. Pursue excellence in all endeavours, crafting a distinct persona that resonates within the industry.
Timeless… Next week, stay tuned for the inaugural episode of a new weekly column: ‘PASSIONS OF A GLOBAL HOTELIER
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The seizure of 471 kilograms of crystal methamphetamine, or ‘ICE’, concealed inside a container, at the Port of Colombo, is being rightly treated as a significant Customs success. Yet the seizure should also provoke a more uncomfortable question. How long can Sri Lanka continue trying to secure a 21st century trading hub with an inspection system designed around methods that belong to another era?
The answer cannot simply be more inspections, more paperwork or more officials opening more containers. Colombo handles enormous volumes of containerised cargo, much of it legitimate. A single container can contain tonnes of goods, packed into hundreds of individual packages. When contraband represents only a fraction of the cargo, physical examination alone becomes an exercise in probability.
The challenge is not merely finding the needle in the haystack. It is determining which haystack is worth searching in the first place.
The Asian Development Bank identified this problem years ago. Its technical assistance assessment found that Sri Lanka’s trade logistics procedures suffered from a “lack of a modern risk management system and other modern customs tools”, combined with “insufficient use of automated systems”, contributing to cargo queues at the Port. It also found that the movement of cargo to and from Customs examination yards, which had poor access, contributed to congestion. These were not casual observations. They formed part of an ADB-supported programme intended to modernise Sri Lanka’s trade logistics system.
The findings were even more uncomfortable. The ADB identified “inadequate use of modern customs tools”, excessive documentation, insufficient automation, inadequate cooperation among border agencies, the absence of a port facilitation system, weaknesses in inland cargo clearance and inadequate capacity. It also reported that Customs risk rules were written in such a way that “80% of the consignments are targeted”. A system in which such a large proportion of cargo becomes subject to targeting inevitably risks undermining the very principle of risk-based Customs control. The more everything becomes suspicious, the less meaningful suspicion becomes.
The ADB-supported feasibility study for a new Customs inspection facility was initiated in 2020, with its final report submitted in December 2021. The study considered alternative locations before Kerawalapitiya emerged as the preferred site. The objective was not simply to construct another yard. The ADB Terms of Reference required the consultants to determine the physical and operational feasibility of the facility, assess potential demand, identify infrastructure requirements and prepare a comprehensive cost estimate. They were also required to identify the government stakeholders involved and “the time allocated for review and approvals”. The irony is difficult to miss. Years after the feasibility exercise, Sri Lanka is still discussing how to bring the facility into operation.
The proposed Kerawalapitiya Customs Verification Centre therefore represents something larger than another infrastructure project. It is a test of whether the Sri Lankan state can convert policy into implementation. According to reporting in 2024, the proposed facility was designed to accommodate around 3,000 containers. Yet the project remained caught in administrative and financial uncertainty years after the feasibility work had been completed. Government land was subsequently allocated and the government moved towards a hybrid public-private partnership model. The question now is why such a basic modernisation programme should have taken so long to progress.
This is where the private sector cannot simply be treated as an ideological inconvenience. Sri Lanka’s public sector has demonstrated repeatedly that it can commission studies, establish committees, formulate strategies and announce projects. The more difficult test is delivering complex infrastructure on time, within budget, and according to measurable standards. A modern Customs inspection centre requires sophisticated scanning equipment, electronic tracking, data systems, cybersecurity, maintenance and continuous technological upgrading. These are precisely the areas in which properly regulated private-sector participation can bring capital, expertise and operational discipline.
That does not mean privatising Customs. The authority to inspect, seize, investigate, impose duties and enforce the law must remain with the state. But there is no compelling reason why every piece of infrastructure, technology platform and operational service surrounding those sovereign functions, must be designed and delivered exclusively through traditional government mechanisms.
The government has already moved in this direction. Cabinet approved the establishment of the Kerawalapitiya Customs Verification Centre and subsequently approved a process to select a private partner under a hybrid public-private partnership model. The policy question is therefore no longer whether private-sector involvement is possible. It is whether the Government can structure that involvement transparently enough to prevent a new system from simply reproducing old weaknesses under a different ownership arrangement.
That requires radical transparency. The public should know who is selected, how the contract is awarded, what the operator is required to deliver, what technology will be installed, what performance standards will apply and what penalties will follow failure. The Government should publish a timetable with identifiable responsibility for every stage. Otherwise, “public-private partnership” risks becoming another phrase that conceals rather than solves institutional delay.
The technology must also be substantially more ambitious than a larger physical yard. The ADB found that existing cargo seals were “not tamper-proof” and that existing devices did not provide live tracking or alerts concerning tampering or diversion. A modern Kerawalapitiya
centre should integrate non-intrusive inspection, electronic cargo tracking, intelligence databases, automated risk profiling and secure digital records. Artificial intelligence may assist image analysis, but it should supplement trained Customs judgement rather than become an excuse to outsource accountability to algorithms.
The principle should be simple. Sri Lanka does not need 100 percent physical examination of containers. It needs 100 percent visibility of risk. That means legitimate traders should not be punished because the system cannot distinguish them from high-risk consignments. Low-risk cargo should move quickly. Suspicious containers should receive scanning and targeted examination. High-risk shipments should receive intensive inspection. The result should be stronger border security alongside faster trade, not security achieved by paralysing commerce.
The recent drug seizure demonstrates that Customs officers can and do intercept major threats. But individual successes cannot substitute for institutional reform. If Sri Lanka waits for every new seizure to trigger another debate about Customs weaknesses, it will remain trapped in a reactive cycle.
The ADB study has already identified the weaknesses. The government has already identified the land. The feasibility work has already been undertaken. The partnership model has already entered the policy process. What is missing is decisive implementation. Kerawalapitiya should, therefore, become a test of governmental accountability. Sri Lanka does not need another promise to modernise Customs. It needs a functioning facility, modern technology, transparent procurement and a deadline that cannot quietly disappear into another government file.
The real scandal would not be that criminals occasionally attempt to exploit weaknesses in a complex trading system. The real failure would be knowing where those weaknesses are, knowing how to fix them and still taking years to do so.
(Nirmala de Fonseka is a former Director of the Sri Lanka Ports Authority, and currently works as a consultant specialising in logistics management)
In Parliament last week, Deputy Minister Anil Jayantha responded to MP Ravi Karunanayake’s question regarding the future of Sri Lankan exports to the EU market by stating that, “It is expected to examine and report on possible options for securing long-term and sustainable market access to the EU through a deeper economic arrangement, including a possible comprehensive trade agreement, in the event of Sri Lanka graduating from the GSP+ scheme if it is classified as an upper-middle-income country by the World Bank for three consecutive years. Sri Lanka has recorded upper-middle-income status in 2026.” The deputy minister had also referred to the conclusion of negotiations on the EU-India Free Trade Agreement (FTA) and its impact on Sri Lankan exports.
This is alarming, given that the plans remain in a very early stage of development. The negotiations on the India–European Union Free Trade Agreement were concluded in January 2026. Sri Lanka should have engaged with the European Commission soon afterwards to discuss the FTA’s potential impact on Sri Lanka, and this should have been a key item on the agenda of the joint commission meeting between the European Commission and Sri Lanka in February. (see my article on this at https://island.lk/an-innocent-bystander-or-a-passive-onlooker/). Unfortunately, the joint press release following the meeting makes no reference to this critical issue.
Even at this late stage, considering a comprehensive trade agreement is undoubtedly a positive development. Particularly because after the expiration of GSP benefits, an FTA is Sri Lanka’s sole pathway to retaining preferential access to the EU market. But FTAs typically take years to negotiate. The EU-India FTA, for example, followed a long process that began in 2007. Negotiations officially concluded on
January 27, 2026. The agreement is expected to be signed in December 2026, with full implementation targeted for early 2027.
Now, let’s explore what other nations can teach us about this.
Indonesia is the latest country to “graduate” from the EU’s GSP arrangement. Indonesia achieved upper-middle-income status in 2020, briefly fell back due to economic shifts, and regained it in 2024, maintaining that status ever since. As a direct result of this sustained economic growth, Indonesia will graduate from the EU’s Generalized Scheme of Preferences (GSP) on January 1, 2027. To safeguard its long-term competitiveness in the EU market ahead of this transition, the country has been negotiating the Indonesia–European Union Comprehensive Economic Partnership Agreement since official talks began in July 2016. Following 19 rounds of talks, negotiators wrapped up the agreement in September 2025, though it remains unsigned; Indonesia is now rushing to complete both signing and ratification before the GSP deadline.
The Philippines and Sri Lanka were both reclassified as upper-middle-income countries on July 1, 2026. As a GSP Plus beneficiary, the Philippines anticipated that the economic development could
negatively affect its preferential market access to the EU and, to counter this, the country resumed stalled EU-FTA negotiations in 2024, which had paused during President Duterte’s regime over human rights issues. Having already secured substantial agreement on core terms, the formal trade pact is expected to be finalised in 2027, ahead of the country’s graduation from the GSP.
After briefly holding upper-middle-income status from July 2019 to July 2020, Sri Lanka fell back to the middle-income group due to the pandemic and economic crisis. Sri Lanka was reclassified as an upper-middle-income country by the World Bank in July 2026. This milestone starts the countdown to graduate from the EU’s GSP. If Sri Lanka keeps upper-middle-income status, it will exit the GSP programme by July 2029 — or by July 2030 if a transitional extension applies. Consequently, Sri Lanka’s exports to the European Union will face Most Favoured Nation (MFN) tariff rates by 2030.
How prepared is Sri Lanka to transition out of the EU’s GSP Plus scheme?
The weekend newspaper reports on the preparatory arrangements for the FTA negotiations and lists FTA negotiations planned to pursue, but does not include a possible FTA with the EU. Sri Lanka should have begun exploring alternative paths to secure long-term, sustainable market access to the EU back in 2019, when the country briefly achieved upper-middle-income status. This should have included negotiating a comprehensive trade agreement to cushion the graduation from GSP+. Unfortunately, our trade policy experts have been entirely asleep at the wheel both then and in the years since.
It is also perplexing that influential trade bodies, such as the Ceylon Chamber of Commerce and the Joint Apparel Association Forum, remain silent on this impending crisis. While they are currently vocal regarding the potential impacts of the 22nd Amendment and the Prevention of Terrorism Act on Sri Lanka’s GSP+ status, they have failed to alert or advise the government about the need for a long-term strategy to preserve a level playing field in the EU market. These bodies should take the lead immediately. The stakes are far higher now than they were in 2010, when GSP+ was withdrawn. Then, Sri Lanka transitioned from GSP Plus to the standard GSP framework. This time, the country faces a direct shift to MFN tariffs – the European Union’s least favourable tariff option. (The writer can be reached at [email protected] )
Continue Reading Features Fighting crime while safeguarding democracy now and in the future Published
The government’s determination to tackle corruption, drug trafficking and organised crime is one of the most important challenges it has taken upon itself. The scale of the problem is evident from recent seizures of drugs at sea and at the airport, which indicate the enormous dimensions of the illicit drug trade. The street value of some consignments has reportedly approached staggering sums, running into hundreds of millions of dollars. The financial resources available to those involved in this trade must be immense. Their ability to corrupt individuals and institutions cannot be underestimated. The revelations of the involvement of persons connected with previous governments, their families and even members of the security forces in the drug trade are particularly disturbing. This is not simply a problem of law enforcement. It is a threat to the integrity of the State itself. The government appears to be approaching this challenge more systematically and seriously than any government in the past.
In two public engagements this past week, the President explained the government’s position. The first was a gathering of Buddhist monks and members of other religious communities, at Temple Trees to mark the first anniversary of Ratama Ekata, the national anti-drug programme. The purpose was to brief religious leaders on progress and enlist their support in carrying the message to communities throughout the country. The second was a trade union conference in Colombo, where the President responded to concerns about the proposed anti-terrorism and anti-crime legislation. At both, the President drew a distinction between two groups opposing the proposed laws. One consisted of criminal groups and those who give them patronage and protection. The other consisted of civil society organisations and human rights groups raising concerns from the perspective of democracy, fundamental rights and the rule of law. The President said the government was prepared to listen to this second group and discuss the legislation with them, and that these were issues on which discussion and consensus needed to be obtained.
The Protection of the State from Terrorism Bill (PSTB) would replace the Prevention of Terrorism Act (PTA) of 1979, while the Prevention of Organised Crime Bill (POC Bill) would give the authorities new powers against organised crime. President Anura Kumara Dissanayake has personally taken up the task of answering criticism from opposition parties, civil society and international human rights organisations. This shows that the two bills form central pillars of the government’s programme to restore the integrity of the State. However, concerns expressed regarding these two draft laws are substantial. In a 31-page communication made public this week, five United Nations human rights mandates warned that the POC Bill could increase the risk of torture and arbitrary detention. They pointed to police custody of 72 hours before a Magistrate’s review and detention for up to a year in police stations on ministerial authorisation. They also cited the admissibility of confessions to senior police officers, police access to phone records without court approval, surveillance of encrypted communications, and the possibility that trade unionists and protesters could fall within the law.
The President’s offer to reduce the 72-hour period to 48 hours, made in the course of a public speech, is a welcome sign of flexibility. The better test is whether the final text reaches the 24-hour norm of ordinary criminal procedure, or whether detention beyond it requires judicial approval. Sri Lanka’s experience under the PTA shows why this matters. Laws meant for exceptional threats can acquire a much wider application in practice. Bitter experience over nearly four decades has shown that people can spend years in detention without being charged, only eventually to be released without any charges being brought against them. The years they lose in detention can never be returned. They may lose the best and most productive years of their lives, their livelihoods and family relationships, without ever being found guilty of an offence. No subsequent release can compensate them for such a loss. This is precisely the kind of injustice that laws must be designed to prevent, rather than create the conditions in which it can occur.
There is a fundamental principle at stake. The liberty of individuals cannot be entrusted to the unfettered discretion of public officials or security forces. Whenever the State seeks to deprive a person of liberty, the judiciary must have an effective and decisive role. This is not a question of showing leniency towards those suspected of serious crimes. It is recognition that the power to arrest, detain and restrict the liberty of individuals is among the most important powers exercised by the State, and therefore requires the strongest safeguards. Law enforcement authorities must have the powers necessary to investigate and prosecute crime, but they cannot be the sole judges of how long a person may be deprived of liberty. That responsibility must remain firmly anchored in an independent judiciary. The State has a duty to protect society from criminals, but it also has an equally important duty to protect the innocent from the misuse of State power. The credibility of its efforts to combat crime depends on its ability to do both.
The role of the courts therefore needs to be strengthened in both bills. Decisions concerning prolonged detention, access to legal representation, the admissibility of confessions and restrictions on personal liberty should be subject to meaningful judicial scrutiny. The courts must have the authority to examine the necessity and proportionality of measures taken by the police and executive authorities, rather than merely endorse decisions already made by them. The breadth of certain definitions also raises questions about whether individuals could be brought within the ambit of the law on the basis of their associations or other characteristics rather than evidence of criminal conduct. A system in which members of the security establishment can exercise extensive powers while judicial officers have limited ability to intervene would weaken the constitutional safeguards that protect all citizens.
The President’s willingness to engage with civil society and human rights critics is a positive indicator. So is his assurance that the bills will not be rushed through Parliament, but considered only after comprehensive discussion and wider consensus. He has directed the Minister of Justice to engage with stakeholders. The fact that the Supreme Court is considering the PSTB, and that both bills have been challenged on constitutional grounds, provides another important avenue for scrutiny. The government has indicated that it will consider the Court’s determination and proposals for amendment. These developments offer a chance to improve the legislation rather than turn the debate into a confrontation between the government and its critics. The test of the government’s commitment to good governance will be whether it incorporates reasonable criticism into the final laws, including changes to provisions it originally thought necessary.
An aspect of good governance is to bring about changes that will stand the test of time. The government needs to demonstrate that it has effective mechanisms for ensuring that future legislation is subjected to independent scrutiny, meaningful consultation with the Bar Association, trade unions, media bodies, civil society and opposition parties, and rigorous human rights assessment before it reaches Parliament. The credibility of a government is measured not only by its determination to combat crime or its willingness to listen to criticism, but also by the care with which it exercises its legislative powers. Legislation should be built on sound legal foundations, informed public consultation and democratic consensus, rather than corrected only after its weaknesses have become matters of public controversy. Consensus may take longer to build, but the resulting changes are more likely to be accepted, respected and sustained. The challenge is not simply to enact laws that are strong enough to confront organised crime today, but to establish laws and institutions that will protect society and individual liberty under governments of the future.
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