Columns

A bizarre dialogue had taken place before a Parliamentary Sectoral Oversight Committee a few days ago where officials representing the Ministry of Foreign Affairs, Foreign Employment and Tourism had formally clarified a long known suspicion, namely that only two (orthodox) Jewish community centres or Chabad Houses as they are commonly referred to, are registered under Sri Lanka’s Companies Act.

Complicity of the Government in violations of the law

The Committee was told that other Chabad Houses, which some allege propagate ultra-orthodox Jewish beliefs, have been operating in the country sans registration. In other words, as is now on record, these Chabad Houses have been merrily operating in an entirely unauthorised and unregulated manner. In fact, on Thursday (July 17th, 2025), it was reported that the Pottuvil Divisional Development Committee (DDC)) had directed to close the Arugam Bay Chabad House given its lack of registration.

But for how long had this unauthorised Centre been operating with the full knowledge and complicity of officials at provincial and national level? As we may also remember, the Arugam Bay Chabad House was a contentious site of struggle in this popular surfing spot which hugs the highly conservative Muslim village of Pottuvil in regard to which security warnings of a planned attack on Israeli tourists were issued late last year.

Indeed, the newly elected NPP Government had acknowledged the illegality of this particular Chabad House as way back as in December 2022 in the first flush of glowing twin electoral victories but apart from the acknowledgement, the same lackadaisical attitude of previous regimes appeared to continue. Worse, security forces were commissioned to ‘guard’ the Houses, demonstrating the extent of high State patronage to the continuation of what were manifestly illegalities.

Not religious freedoms but a matter of the law

To be clear, this is not about Chabad Houses, the practices of Hasidic Jews (about which I retain an open mind) or the freedom to practice their faith by members of the Jewish community. This is as much as ‘Christian’ evangelicals may parade themselves about in designer clothing professing to be ‘incarnations of Christ’ with millions in their bank accounts and claiming to draw gold dust from the air. Certainly these practices are wholly contrary to the powerful truths that are the cornerstone of what Jesus Christ preached, namely that material riches have no place in true spirituality.

Even so, if the credulous wish to believe the arrant nonsense of posturing ‘pastors,’ that is their choice. But the issue regarding Chabad Houses is not about religious choice. Put simply, this is about fundamental adherence to Sri Lanka’s laws and the fact that if a ‘tourist’ is indeed a tourist (Israelis or otherwise), that stay is subjected to two imperative conditions. First and at the most basic level, they should refrain from infringing the laws of the country that they are visiting.

Secondly, being tourists, their stay in this country must be regulated by the visas which they are issued. These are the very requirements being violated with impunity from the East to the South, not only by Israeli but also by Russian and Ukrainian ‘tourists’ with some elements of mafioso among them. who have virtually captured Sri Lanka’s Southern coast. The places of business that they run with profits being funneled out of the country have not only little benefit to local communities but also many are reportedly ‘closed off’ to Sri Lankans.

How high is the price for betrayal of sovereignty?

Ironically, these numerous obscenities are happening on the very land touted as the singular birthplace and birthright of Theravada Buddhism and Buddhists. For that matter, it is the South that has long boasted its resistance to foreign invasions (despite history indicating quite the contrary) but these are idle boasts of sovereignty, it seems, when foreigners violate local laws with a little baksheesh passing hands as insulting sops to the locals.

On those same lines and before the Parliamentary Committee, it is reported that a surreal exchange had taken place as to the monetary contributions that Israeli ‘tourists’ bring to the Sri Lankan economy. Unfortunately the juxtaposition of the illegality of Chabad Houses and the question as to how much money would an Israeli tourist generally spend, raises outraged eyebrows. In other words, is it the position of tourism regulators that such illegalities are permissible if the spending value of Israeli ‘tourists’ is high enough?

Apparently, that value is not very substantial on all accounts but that misses the essential point of an alarming failure to regulate these places. And then, there is the even more inflammatory element of suspected Israel war criminals posing as ‘tourists’ in regard to which there have been several scandals in recent months. We have acquired the dubious distinction of becoming a favourite rest and recreation spot for known human rights abusers proudly proclaiming their atrocities in the Gaza Strip.

Turning a Nelsonian eye to foreign war criminals

The failure to engage in advance screening of Israeli arrivals on our shores raises an inevitable question of constitutional equality. In what manner does the Government justify the continuation of illegal Chabad Houses and allow war abusers free entry to the country when its local populations have the jackboot of the Prevention of Terrorism Act (PTA) shoved down their throats in regard to actions seen as offending Israel?

Incidents of Sri Lankans arrested and detained under the PTA for ‘anti-Israeli’ acts are increasing. The cases of Mohammed Rusdi and Mohammed Suhail were discussed in these column spaces last week. One was taken in under the PTA for pasting anti-Israel stickers with expletives and labelling Israel as an ‘apartheid’ State. The other was initially (and ridiculously) arrested for not having an identification card with him and later, for posting anti-Israel messages including pictures trampling the Israeli flag.

In both instances, the arrests and detentions were not legally defensible. In fact, it was a palpable joke that the production of Mr Sohail by the Dehiwala Police after nine months in PTA detention a few days ago was accompanied by the confession by the officers that they could not find anything incriminating against this twenty one year old aviation student. Other than displaying his aversion and disgust with the Israeli Government’s invasion of the Gaza Strip, we can safely assume.

What constitutes ‘terrorism’ must be narrowly and tightly framed

The detainee was given bail as a magnificent concession when the very act of arrest and detention is challengeable on its constitutionality. But the problem is that, however many cases of this nature are taken before the Supreme Court and however many ringing pronouncements of liberty rights are judicially issued, there is absolutely no impact on state practice and policy of the police, the Terrorist Investigation Department (TID) and the Criminal Investigation Department (CID).

This raises salutary questions for the Court itself as it deliberates on Bills relevant to these issues. Judicial assessments that Sri Lanka law enforcement officers would act rationally and within the limits of statutory discretion given to them are just not borne out by reality. This is precisely why it is crucial for anti-terrorism laws to be drawn up narrowly and with strong checks on abuse given that our Rule of Law systems have been irreparably weakened.

Meanwhile, we must ask as to when Sri Lanka has become a puppet pocket-follower of the State of Israel now a pariah in international law and on the international stage for war crimes that it commits with impunity against Palestinian civilians, including children? Is there not enough on our national plate with allegations of human rights abuses levelled against the Sri Lankan State?

Do we really have to ‘open sesame’ by garlanding foreigners who wear accusations of horrific brutalities against civilians as badges of honour?