By Sarath Wijesinghe President’s Counsel (LL.M (UCL)), former Ambassador to UAE and Israel, President of the Lanka Ambassador’s Forum – United Kingdom, Solicitor in England and Wales, and Suchithra Withanage (LL.M (UK) (LL.M (UK) MBA (UK | Reading) LL.B (Hons) (UK)) Diploma in Law (UK) MCIArb (UK) MBCS (UK) MCMI (UK) ACIPR (UK) ASIArb (Singapore)

Sri Lanka, oft described as the ‘Pearl of the Indian Ocean’, is a nation that is as rich in history and culture as it is in natural beauty. The island, strategically located at the crossroads of major shipping routes connecting the East and the West, has been a significant center of maritime trade for centuries.
The country’s population is a diverse mix of ethnicities, languages, and religions. The peaceful coexistence of the many communities within the island, despite historical tensions, speaks volumes about the nation’s commitment to harmony and inclusivity. The country’s natural beauty is a major draw for tourists, with attractions such as the UNESCO World Heritage Sites of Sigiriya, an ancient rock fortress, and the sacred city of Kandy, home to the Temple of the Tooth Relic. The nation’s economy is multifaceted, with sectors such as textiles and apparel, tea export, tourism, and agriculture playing significant roles. In particular, Sri Lanka is renowned for its Ceylon tea, which is a major export product and an integral part of the country’s identity. In recent years, the government has also focused on technological advancement and digitalization, aiming to position Sri Lanka as a hub for information technology and innovation in the region.
Sri Lanka’s rich history is a source of both pride and fascination. The island has been inhabited for thousands of years, with a recorded history that dates back to the 6th century BCE. Ancient kingdoms, such as Anuradhapura and Polonnaruwa, have left behind magnificent ruins that offer a glimpse into the island’s glorious past. The influence of Buddhism is particularly significant, with the religion shaping the country’s culture, art, and architecture over the centuries.
In contemporary times however, Sri Lanka has faced its share of challenges, including a devastating civil war that lasted for nearly three decades and the 2004 Indian Ocean tsunami. However, the nation’s resilience and spirit have shone through, with efforts toward reconciliation and rebuilding being a priority in the post-war era. Despite its many positive attributes, Sri Lanka, like any society, is not immune to the challenges of crime. Recent statistics indicate that the nation currently ranks third out of 193 countries globally and sixth among South Asian nations in terms of crime rates. This is a significant shift from the era following the end of a grueling 30-year conflict, during which the crime situation was far from satisfactory.
The rise in crime rates is a complex issue, influenced by various factors. The aftermath of the long-standing civil war has left deep societal scars, with the proliferation of small arms and the presence of combat-trained individuals contributing to an increase in violent crimes. Additionally, the economic hardships faced by many, exacerbated by the global COVID-19 pandemic, have led to a surge in property crimes and theft. Drug trafficking and abuse have also become significant concerns in Sri Lanka. The island’s strategic location makes it a convenient transit point for international drug smuggling routes, contributing to a growing drug problem within the country. The government has launched numerous initiatives to combat this issue, including stringent anti-drug laws and rehabilitation programs for addicts. Another contributing factor to the crime situation is the issue of corruption. Transparency International’s Corruption Perceptions Index has highlighted corruption as a persistent problem in Sri Lanka, affecting various sectors of society. This not only undermines the rule of law but also hampers efforts to effectively combat crime.
The government of Sri Lanka has taken steps to address the rising crime rates. Initiatives include modernizing the police force, implementing community policing programs, and enhancing surveillance and intelligence capabilities. There is also a focus on addressing the root causes of crime, such as poverty, unemployment, and social inequality. However, effectively tackling crime requires a multifaceted approach that involves not only law enforcement but also the active participation of communities, non-governmental organizations, and international partners. Education and awareness campaigns, social programs aimed at youth empowerment, and efforts to improve social cohesion are essential components of a comprehensive strategy to reduce crime.
Weaknesses in law enforcement, judicial processes, and public administration create loopholes that are often exploited by criminal elements. Corruption within various levels of government further undermines efforts to combat crime effectively. Human trafficking is another grave concern in Sri Lanka. The island’s strategic location, combined with socio-economic factors such as poverty and unemployment, makes it both a source and a transit point for human trafficking. Victims are often lured with false promises of employment and then subjected to exploitation, including forced labor and sex trafficking. The government has taken steps to address this issue, but challenges remain in terms of enforcement and victim support.
Drug trafficking is a pervasive problem, with Sri Lanka being used as a transit point for narcotics, particularly heroin, en route from the Golden Crescent and Golden Triangle regions to other parts of the world. The country’s extensive coastline and maritime routes facilitate the smuggling of drugs, which not only fuels addiction within the nation but also contributes to a broader network of international criminal activity. The involvement of retired military personnel in criminal activities is a concerning trend. Individuals with combat training and access to weapons can escalate the lethality and sophistication of criminal operations. This phenomenon is a residual effect of the country’s prolonged civil conflict, which left a legacy of militarization in certain segments of society.
The link between consumer goods and the drug trade is another dimension of the crime landscape. Money laundering activities often involve the use of legitimate businesses to disguise the proceeds of drug trafficking. This interconnection between legal and illegal economies complicates efforts to trace and dismantle criminal networks. Moreover, environmental destruction and the illegal trade in fauna and flora have emerged as lucrative criminal enterprises with international ramifications. Sri Lanka’s rich biodiversity makes it a target for poachers and traffickers seeking to profit from the illegal wildlife trade. The destruction of natural habitats for commercial gain further exacerbates environmental crime, posing a threat not only to the country’s ecological balance but also to global biodiversity.
The escalation of crime rates in Sri Lanka can also be attributed to the inadequacy of the digital infrastructure and the prevailing financial crisis. The digital divide, characterized by limited access to technology and the internet in certain regions, hampers effective crime monitoring and prevention efforts. This gap in digital infrastructure also affects the efficiency of law enforcement agencies, hindering their ability to utilize modern tools and techniques to combat crime.
The financial crisis in Sri Lanka has further exacerbated the situation. Economic instability and austerity measures have led to widespread discontent and desperation, creating fertile ground for criminal activities. Tax evasion has become a common issue, as individuals and businesses seek to circumvent financial pressures. This not only deprives the government of crucial revenue needed for public services and development but also undermines the rule of law. The criminal justice system in Sri Lanka, while robust on paper, faces significant challenges in practice. Issues such as lengthy legal processes, case backlogs, and limited resources hinder the effective administration of justice. The lack of swift and fair legal proceedings can erode public trust in the system and embolden criminal elements.
Civil society’s role in addressing crime in Sri Lanka has been minimal. This can be attributed to various factors, including fear of reprisal, lack of awareness, and limited engagement opportunities. Strengthening civil society’s involvement in crime prevention and justice initiatives is crucial for fostering a collaborative approach to tackling these issues. The crime network in Sri Lanka remains powerful, with some culprits operating from abroad or even within prisons. This is indicative of the deep-rooted nature of organized crime and the influence of corruption among officials. The ability of criminals to operate from within the penal system highlights the urgent need for reforms to ensure the integrity and security of correctional facilities.
As the Bar Association of Sri Lanka (BASL) celebrates its 50th anniversary, it stands at a crucial juncture in the nation’s legal history. This milestone presents a unique opportunity for legal professionals to reflect on their roles and responsibilities in shaping a just society. The BASL’s legacy of upholding the rule of law and advocating for justice is more relevant than ever in the face of contemporary challenges.
The need for impartial application of the law is paramount. Ensuring that justice is administered without fear or favor is crucial for maintaining public trust in the legal system. This requires a judiciary and a legal profession that are committed to upholding the principles of fairness and equity. Advancements in legal education are also essential. The rapidly evolving legal landscape necessitates a modern approach to legal training that equips future lawyers with the knowledge and skills needed to navigate complex legal issues. Emphasizing practical experience, ethical conduct, and a deep understanding of human rights is vital for preparing a new generation of legal practitioners.
Furthermore, maintaining judicial independence is a cornerstone of a functioning democracy. The judiciary must be free from external pressures and influences to make impartial decisions based on the law and evidence. Safeguarding this independence is essential for ensuring that justice is served and that the rights of citizens are protected. A concerted effort to curb bribery and corruption is crucial for the integrity of the legal system. Corruption undermines the rule of law, erodes public confidence, and hampers economic development. The legal community must take a proactive stance against corrupt practices, advocating for transparency and accountability in all sectors of society.
It is hoped that this event will mark the beginning of a renewed commitment to legal excellence and social justice. By addressing the pressing issues facing the legal system and society at large, the BASL can pave the way for a safer and more just future for Sri Lanka. The 50th anniversary is not just a celebration of the past, but a call to action for a brighter future, where the rule of law prevails and justice is accessible to all. In conclusion, it can be observed that addressing the rising crime rates in Sri Lanka requires a multifaceted approach that involves improvements in digital infrastructure, economic stability, and the criminal justice system, amongst other things. Engaging civil society, tackling corruption, and enhancing international cooperation are also vital components of an effective strategy to combat crime and ensure the safety and well-being of the nation’s citizens.