Ruthless Ditwah; A Brief on Governance, Legal Aspects and International Humanitarian Support

During the final week of November 2025, the ordinary lives of Sri Lankans were abruptly disrupted by the ruthless and catastrophic cyclonic storm “Ditwah” which battered the island with heavy rainfall, unprecedented floods and deadly landslides. Unfortunately, it went on to cause hundreds of deaths and substantial damage to a vast number of private properties and public infrastructure.

However, in the usual Sri Lankan spirit, many brave hearts in and out of uniform answered the urgent call of duty and proceeded to assist the affected communities. Even foreign nations mobilized their support swiftly to augment SL’s relief and rescue efforts. Subsequently, the government declared a “State of Public Emergency” to handle the situation.     

In this context, this article aims to briefly discuss the following areas.

• Governance and Natural Disasters
• Legal Aspects of Disaster Management
• International Humanitarian Support
• Suggestions for the future

Governance and Natural Disasters

Governing a country is no easy task, and it requires wise leaders to say the very least. Among various other responsibilities, governments have a sacred obligation to safeguard the nation and its citizenry from all sorts of dangers. Our experiences from 2019 to 2025 itself clearly testify to the diversity of the dangers that we face today. This concept of governance is more fully described by theories such as Hobbes’s Social Contract Theory. In today’s context, it is strengthened by various legal concepts, including Fundamental Rights, Administrative Law concepts, etc.

However, the basic sense of governance during natural disasters is not a contemporary or extraordinary phenomenon. For example, the celebrated treatise on statecraft – Arthashastra, written more than 2000 years ago, acknowledges the King’s obligation to protect his kingdom from national calamities including floods. But how can a king protect his kingdom from floods?

Unless he has divine powers or has taken proactive steps to mitigate or remove the consequences of flooding, even a King is unlikely to protect his kingdom from such disasters. However, Arthashastra notes certain precautionary measures such as: removing the villagers living on the banks of rivers to higher ground during rainy seasons, providing them with wooden planks, bamboo and boats, and rescuing persons being carried off by floods etc. It even specifies a legal penalty for those neglecting rescue. Therefore, Arthashastra, despite being an ancient document, provides wise counsel by highlighting both proactive and reactive measures to be taken in disaster situations.

In today’s context, these responsibilities are statutorily defined. For example, as per the Extraordinary Gazette No. 2412/08, functions of the Minister of Defense (as per the Constitution, the President is the Minister of Defense) include:

•   Forecasting natural disasters and sensitizing relevant sectors and institutions
•  Conducting rescue operations during natural and man-made disaster. 
•  Landslide disaster management and related research and development.
•  Coordination of awareness programs on natural and man-made disasters
•  Promotion of disaster resilient construction and provision of technical guidance

Therefore, in this background, it is important to investigate and identify the strengths and lacunae of Sri Lanka’s governance surrounding Ditwah in light of the massive loss of life and property damage it wreaked. Such inquiry can be done by assessing the compatibility of governance with legal concepts such as fundamental rights, legality, procedural propriety, reasonableness, and proportionality. An endeavor of this nature must not be for revanchist ends but for drawing meaningful lessons and reforms for the future, and to hold those accountable where appropriate.

Legal Aspects of Disaster Management

There are a number of laws in Sri Lanka that are useful and relevant to handling disastrous situations. Following is a discussion on some of those laws.

Public Security Ordinance – The Grand Old Law

Following Ditwah, despite GOSL’s ability to announce a “State of Disaster” under the Sri Lanka Disaster Management Act No. 13 of 2005, a “State of Public Emergency” under the Public Security Ordinance (“PSO”) was declared. Therefore, it is appropriate to look at this grand old law and its relevancy to disaster management.

The legacy of PSO can be traced back to the colonial period where it was enacted on the 11^th June 1947. It allows the President to declare a “State of Public Emergency” and promulgate “Emergency Regulations” which can even suspend, amend, override ordinary laws except the constitution (Vide Article 155 of the Constitution).

Therefore, it is an extraordinary law that confers on the President an exceptional law-making power, which is usually exercised by the Parliament subject to many procedural constraints. Since this mechanism goes against legal concepts such as the Separation of Powers Doctrine, it could be extremely dangerous in the hands of an authoritative leader. However, the rationale behind this law is that, certain public emergencies necessitate the President “to act decisively and within a short space of time” (Vide SC/FR/246,261,262,274,276/2022 Judgement dated 23^rd July 2025).

In my opinion, PSO is one of the most useful laws available to an Executive President to swiftly and effectively manage serious public emergency situations. However, that is only if he uses it in good faith.

Criteria for Emergency Law Making by the President

Under Section 2 of PSO, President can declare a “State of Public Emergency” and invoke Part II of PSO, which allows him to make emergency regulations. As per Section 5(1) of PSO, President can make Emergency Regulations:

·        in the interest of public security and Preservation of public order and the suppression of mutiny, riot or civil commotion; or

·        for the maintenance of supplies and services essential to the life of the community

According to Section 5(2), such Emergency Regulations could provide for the detention of persons, property requisitions, entry and search of premises, payment of compensation, apprehension and punishments, and amending or suspending ordinary laws, etc.

Some Historical Examples of Emergency Regulations

Since its inception, various governments across the political isle have used emergency regulations in various situations. Udagama (2015) notes an interesting phenomenon in this regard as follows;

The Left’s embrace of the PSO while in office is palpably ironical in that left-wing political parties in Sri Lanka had consistently opposed the adoption and operation of the PSO (p.289).

Following are some instances where PSO was used.

• To implement the demonetization endeavor in 1970.
• To quell the JVP terrorism in the 70s and 80s.
• To quell the LTTE terrorism
• To ensure food security during Covid 19 pandemic in 2021.

Differing Perceptions; Covid v. Ditwah

Considering the grave threat to SL’s food security during COVID 19, then President Gotabaya Rajapaksa declared a “state of public emergency” and issued “Emergency (Provision of Essential Food) Regulations No 01 of 2021”.

Then opposition MP Anura Kumara Dissanayake, while voting against it in the Parliament, noted the following;

“ජනාධිපතිවරයා මහජන ආරක්ෂක පනතේ II කොටස ක්‍රියාත්මක කර තිබෙනවා… ඉතිහාසයේ පුරාවටම තමුන්නාන්සේලාත් අපිත් ඒ නීතියට විරුද්ධව කථා කල මිනිස්සු... එම නිසා කන්න හිතුනම, කබරගොයත් තලගොයා වෙන න්‍යාය ඒ තරම් හොද නැහැ කියා මම හිතනවා.”

“සාමාන්‍යයෙන් පාර්ලිමේන්තුවේ පනත් කෙටුම්පතක් සම්මත වීමට පෙර අපට ශ්‍රේෂ්ඨාධිකරණයට ගිහින් ඒ පනත් කෙටුම්පත වග විභාගයට ලක් කරන්න පුළුවන්. හැබැයි හදිසි නීති රෙගුලාසි හරහා පනවන නීති කිසිවක් අධිකරණයේදී විවාදයට ලක් කරන්න බැහැ”

(Vide Parliament Hansard of 06^th September 2021)

Further, noting that Covid 19 pandemic is a disaster, Anura Kumara Dissanayake, urged then President to utilize the Sri Lanka Disaster Management Act No. 13 of 2005 instead of the PSO (NewsFirst, 2021). Interestingly, 04 years later, President Anura Kumara Dissanayake used that same Public Security Ordinance to manage the natural disaster caused by Ditwah.

Accordingly, on 28^th of November 2025, GOSL issued an Extraordinary Gazette declaring a “State of Public Emergency” invoking the Part II of PSO. On the same day, “Emergency (Miscellaneous Provisions and Powers) Regulations No 01 of 2025” was published.

Following is a very short comparison between 2021 Emergency Regulations and 2025 Ditwah Emergency Regulations.

2021 Emergency (Provision of Essential Food) Regulations No 01 of 2021

2025 Emergency (Miscellaneous Provisions and Powers) Regulations No 01 of 2025

·        Had an Objective Clause ·        Noticeable regulations – Appointment of a Commissioner General of essential services   Declaration and maintenance of essential services Taking possession of premises used to store essential food stocks breaching emergency regulations. Seizure of essential food items and vehicles transporting the same Requisition of Personal services

·     No Objective Clause ·     Noticeable regulations –     Appointment of a Commissioner General of essential services    Declaration and maintenance of essential services  Requisition and possession of any building/premises for natural disaster related relief work.    Requisition of Vehicles in the interest of national security, preservation of public order, maintenance of supplies and services essential to life.    Requisition of personal services    Appointment of a Commissioner of Civil   Security    Search and arrest powers     Prevention of disaffection of public officers by persons   Prohibition of the public distribution of leaflets that are prejudicial to public security, public order, maintenance of supplies and services essential to life.         Penalizing the spreading of rumors and false statements         Removal of persons from public spaces

Therefore, while 2021 Emergency Regulations were short and more specific to the objective of ensuring food security, the 2025 Ditwah Emergency Regulations contained a number of additional regulations concerning the personal liberties of the citizenry.

However, President Anura Kumara Dissanayake verbally assured that emergency regulations would only be used to contain the natural disaster. Yet, after a few days’ time, the Deputy Minister of Public Security instructed the Police to take action against those spreading defamatory remarks about the President on social media (Newswire, 2025).

Is it Justifiable to use Emergency Regulations to contain Ditwah?

In my view, a democratically elected President must possess well defined yet discretionary and extraordinary powers to manage public emergency situations that demand immediate and exceptional measures. In such situations, time would not be a luxury, and omissions could be fatal.

The disaster caused by Ditwah was far from ordinary. People were stranded in affected areas for days without proper communication, medicine, food, and water. Some faced life or death situations. The destruction to property and infrastructure was unimaginable. Therefore, it surely required an immediate and coordinated inter-agency relief effort. Additionally, the declaration of a “State of Public Emergency” also has a mental and strategic aspect of sending a clear message to the world and to our own citizens as to what we are going through.

Hence, in principle, I agree with the use of emergency regulations to contain the disaster caused by Ditwah. However, upon examining the actual regulations, I wish that more content had been dedicated to the provision of swift and coordinated relief to the victims than to combating rumors and false statements, which can also be done under the ordinary law. However, it is equally important to end the emergency rule as soon as the circumstances allow.

SL Disaster Management Act

In the aftermath of the 2004 tsunami, SL Parliament enacted the Sri Lanka Disaster Management Act No. 13 of 2005 (“DMA”), which currently serves as the primary law on managing man-made and natural disasters. Among others, it provided for the creation of the National Council for Disaster Management and the Disaster Management Center.

National Council for Disaster Management (“Council”)

The Council is composed of various high-ranking officials including the President, PM, Opposition Leader, Ministers, Chief Ministers, and opposition MPs. Under Section 5 of DMA, it is mandatory to have council meetings at least once in 03 months and they are legally obliged to meet “as often as may be necessary”.

Some of the Council’s statutory functions are as follows.

• Formulating the National Policy & Program on Disaster Management, National Disaster Management Plan, and the National Emergency Operation Plan.
• Monitoring the implementation of above 02 plans.
• Appraising the Cabinet with information relevant to potential and actual disasters.
•  Facilitating emergency response, recovery, relief etc. in the event of a disaster.
•  Taking all measures necessary to counter/mitigate any disaster

Ditwah highlighted the importance of the National Council for Disaster Management, similar to the National Security Council following the Easter Sunday Attacks in 2019.

Disaster Management Center

Disaster Management Center is a bureaucratic institution headed by a Director General. Some of its statutory functions are as follows.  

• Taking responsibility in implementing the National Disaster Management Plan and the National Emergency Operation Plan.
• Implementing programs for disaster mitigation, prevention, relief and obtaining financial assistance from the Treasury.
• Issuing instructions and guidelines to “appropriate organizations”, NGOs, district/divisional secretaries on disaster management activities.

Currently, the Disaster Management Center functions under the Ministry of Defense (Vide Extraordinary Gazette No. 2412/08 dated 25.11.2024).

Policies and Plans

There are a number of plans and policies that are required to be formulated and implemented under the DMA as follows.

·        National Policy & Program on Disaster Management

·        National Disaster Management Plan

·        National Emergency Operation Plan

·        Disaster Management Plans by all governmental ministries, departments, public corporation in line with national plans.

However, the efficacy of these plans must be evaluated in light of the destruction and massive loss of life caused by Ditwah. It is also important to ensure that these plans are integrated, comprehensible, and easily accessible.

Declaration of a “State of Disaster” under Disaster Management Act

Even under normal circumstances, the Council and the Disaster Management Center are legally required and empowered to handle disasters as per the established policies and plans under DMA. However, as per Section 11 of DMA, the GOSL can declare a “State of Disaster” where a crisis is so severe that the required counter-measures are beyond the resources or means normally available to the administration. With such declaration, additional capabilities become available to the government.

 Therefore, upon declaring a “State of Disaster”;

·    President can direct the “appropriate organizations” to use all available resources (as may be necessary) and additional resources (when they become available as per allocation arrangements) to counter/mitigate the effects of the disaster.

·  Government agencies become legally bound to implement their respective disaster management plans, even without Presidential directions as above.

·      National Council for Disaster Management can obtain the assistance of any NGO to assist the appropriate organizations, and thereby, such NGOs become bound to act accordingly.

·        The “appropriate organization” directed by the President becomes duty bound to;

¾    Enter any place for saving lives, rescuing persons etc.

¾    Evacuate people, property and animals

¾    Close roads till Police/Armed Forces arrive

¾    Remove obstructions impeding the disaster counter measures

¾    Do any other reasonably necessary acts for implementing disaster countermeasures

·        Persons who suffer loss or damage to property due to an act/omission or default of an appropriate organizations or Police/Military Officers become eligible for compensation.

Is the Declaration of a State of Disaster Strong Enough?

Based on the above, it is clear that there are some additional benefits in declaring a “State of Disaster”. However, even without such a declaration, the National Council for Disaster Management and the Disaster Management Center have the legal authority to carry out disaster relief work under DMA.

While the Disaster Management Act allows the President to issue directions, the Public Security Ordinance authorizes the President to promulgate wide ranging emergency regulations having priority over all ordinary laws except for the Constitution. These could regulate many aspects of governance including relief work coordination, property requisition, declaration and maintenance of essential services, prevention of misinformation, prohibition of entry into certain unsafe areas etc.

Therefore, in an extraordinary emergency, the political leadership is much more likely to declare a “State of Public Emergency” under the Public Security Ordinance than declaring a “State of Disaster” under the Disaster Management Act.

As an alternative, the government could explore the prospects of amending the Disaster Management Act to empower the President to issue “Emergency Disaster Regulations” within a defined but flexible criterion during a “state of disaster”.

For example, such regulations could provide for relief work coordination; legal movement of foreign aid vehicles in disaster areas; requisition of services/properties/vehicles; prohibition of entry into unsafe areas; deterring misinformation etc., They may even supersede ordinary laws, except for the constitution, if and where appropriate.

Such a reform to the DMA would improve the optics of governance during disasters.

Police and Military Laws concerning Disaster Management

During all kinds of national disasters, our Armed Forces and the Police Service have answered the nation’s call of duty bravely and unconditionally. Unfortunately, during Ditwah, SL lost a brave helicopter pilot and naval personnel engaged in relief and rescue efforts. There were many other officers who assisted those in need, often putting their own lives at risk.

Some of the legal provisions that facilitate such Police and Military responses to disasters are discussed below.

Police Ordinance 1865

Under Section 75 of the Police Ordinance, Police officers must visit “all cases of fire or other calamity… for the protection of such persons and property as may be endangered thereby”. Under this section, Police is also authorized to call upon persons to aid and assist them in that behalf.

Army Act 1949

Under Section 23A of the Army Act, the President can order the Army to perform such non-military duties as he may consider necessary in national interest.

Navy Act

Under Section 21 of the Navy Act, the President can order the Navy to perform such non-naval duties as he may consider necessary in national interest.

Air Force Act

Similarly, under Section 23A of the Air Force Act, President can order the Air Force to perform duties necessary in national interest.

SL Disaster Management Act & Plans thereunder

Under the DMA, the Armed Forces and Police are required to be prepared with disaster management plans in line with the national plan.

Further, the National Emergency Operation Plan, formulated under DMA, highlights several functions of the Armed Forces and Police including the following. (Disaster Management Center, 2017).

·       All the Police Stations in the Island are first to receive information of any disaster situation and be present at the location to manage the situation till others come and Police can contact the Emergency Operation Center for additional support if needed.

·   Just before the disaster, Police and Armed Forces are responsible for dissemination of Early Warnings to communities.

·    Emergency Operation Center can coordinate with Air Force to provide additional air support.

·      Military Search and Rescue Teams have been trained, equipped and stationed at strategic locations covering the entire country.

·        DMC has direct contact with the Police and Military to enlist their assistance.

·        Navy Rapid Response Rescue & Relief Squadron are also to support rescue missions.

·     Police are responsible for providing facilities and security at safe centers, and for search and rescue efforts.

·        Police and Armed Forces are responsible for making temporary shelters and other facilities, and providing ground level logistics.

Registration of Deaths (Temporary Provisions) Act No. 19 of 2010

Natural disasters bring many undesired consequences, including the loss of a large number of lives at once. Sometimes, entire families and communities are subjected to such horrendous mass fatalities. In this context, this law provides for the registration of persons whose deaths are directly attributable to natural disasters.

Accordingly, where the application of ordinary law to register deaths resulting from a natural disaster has become impractical, the Registrar General can declare “National Disaster Affected Areas”. Where a person who had been residing in or present within such a declared area cannot be found following such natural disaster, a next of kin or any other person having knowledge of such individual may apply to register the death and obtain a death certificate. It also provides for the registration of deaths of foreign nationals due to such natural disasters.

On 02^nd December 2025, following Ditwah, the Registrar General declared 22 out of 25 districts as “Natural Disaster Affected Areas”. Only Galle, Matara, and Hambantota districts were not so declared.

 Important Circulars and Guidelines on Disaster Management

Supplementary to various laws, there are several important administrative circulars and guidelines relevant to disaster management. They outline the ground level implementation of disaster management and relief activities by the concerned government institutions.

Disaster Relief Services Circular No. 01/2025

This circular was issued by the Secretary to the Ministry of Defense and was addressed to the Secretaries of Ministries, Chief Secretaries, Departmental Heads, District Secretaries (Government Agents), and Divisional Secretaries. Accordingly, it notes the division of responsibilities relevant to disaster management, as follows;

·        Ministry of Defense

¾    Provision of Urgent Disaster Relief

¾    Provision of compensation for housing and property damage

¾    Restoration of homes for children, elders and disabled persons.

·        Relevant Line ministries

¾ Reconstruction of infrastructure, places of worship, state and public buildings

¾    Provision of other statutory compensations.

It also outlines the relief to be given to victims of natural disasters; including the amounts of compensation for housing and property damage; and funds for families to purchase dry rations, sanitary items, etc. Further, it stipulates instructions on quick reactions to disasters, the provision of drinking water, and the payment of water and electricity bills of safety centers.

As per this circular, districts are also required to share their disaster management equipment with other districts that are affected by natural disasters. Further, District and Divisional Secretaries are required to work in coordination with the National Disaster Relief Services Center when managing such situations and to follow the Disaster Relief Services Guideline No. 01/2025 discussed below.

Disaster Relief Services Guideline No. 01/2025 

This guideline was issued by the Secretary to the Ministry of Defense and was addressed to all District and Divisional Secretaries. It lays down the responsibilities of government agencies, some of which are as follows.

·     Divisional Secretariat

¾    Facilitating Divisional and Rural Disaster Management and Relief Services Committees, which are required to maintain safety centers and have them geotagged using google maps, etc.

¾    Sending a “status report” within 24 hours of the occurrence of a natural disaster to the District Secretary.

·     District Secretariat

¾    Facilitating District Disaster Management and Relief Services Committee.

¾    Dispatching a “status report” within 24 hours to the National Disaster Relief Services Center based on the status reports sent by the Divisional Secretaries.

¾    Obtaining the relevant funds from Natural Disaster Relief Services Center.

¾    Dispatching relevant funds to Divisional Secretaries without a delay.

¾    Maintenance of data relating to natural disasters

¾    Making reports on donations, expenses etc.

·     National Disaster Relief Services Center

¾    Obtaining relevant funds from the National Budget Department of Treasury.

¾    Dispatching funds to District Secretaries swiftly, as per their requests.

¾    Coordinating the efforts to obtain foreign aid and grants, and ensuring that they are duly distributed to the victims.

¾    Upkeeping of information based on status reports by District Secretariats.

¾    Upkeeping of circulars, guidelines, and a Contingency Data Base, etc.

¾    Maintaining a register on extensive disasters.

¾    Solving issues forwarded by rural, divisional and district committees through the National Council for Disaster Management.

This guideline also details the provision of cooked meals, drinking water, tea, and dry rations, etc. to those stranded in safety centers and victimized. It also provides instructions on the selection of safety centers, payment of allowances to officials, and ensuring quick reactions upon warnings, etc.  Further, important details such as documents required to obtain relief are also mentioned therein.

Laws on the Allocation of Funds for Natural Disasters

Another important aspect of managing national disasters is the allocation of necessary funds to finance immediate rescue, relief, and rebuilding efforts. Following are some of the important laws in this regard.

Constitution of the Republic

Under Article 148 of the Constitution, Parliament has full control over public finances. Therefore, it is with parliamentary authority that funds get allocated to various purposes.

Under Article 151 of the Constitution, Parliament can pass a law creating a “Contingency Fund” to face urgent and unforeseen expenses where no provision for such expenditure exists. However, provisions necessary for expenditure relating to disasters are generally provided for by various legal instruments.

Public Financial Management Act No. 44 of 2024 (“PFMA”)

This law provides for the management and control of public finances, including the preparation and approval of the Annual Budget and any adjustments thereunder.

Annual Budget

As per Section 18 of PFMA, annual budget includes the estimates of expenditure of public entities. As mandated by the Section 21, the finance minister is required to submit the Appropriation Bill (budget bill) for the forthcoming financial year to the Parliament on or before the 15^th October of each year.

Annual budgets allow for proactive measures concerning natural disasters by allocating funds to face potential disasters. For example, as mentioned in Annex 01 of Budget Circular No. 08/2025, many relief allowances to be given to Ditwah victims were appropriated from the Ministry of Defense expenditure head, as per the 2025 Budget.

However, where necessary funds are either unavailable or insufficient, the following reactive mechanisms become useful.

Virement Procedure

As per Section 24 of PFMA, a transfer of an allocation within a head of expenditure in annual Appropriation Act can be made subject to certain restrictions. However, a transfer cannot be made from one head to another, or from capital expenditure to recurrent expenditure.

Annual Budget Reserve (Optional)

As per Section 25 of PFMA, an Appropriation Act may include an appropriation for contingencies called the “Annual Budget Reserve”. Thereby, where existing allocations are insufficient, the funds in such “Annual Budget Reserve” could be allocated to cover urgent, unforeseen, and unavoidable requirements as defined in written laws.

Supplementary Estimates Mechanism

Under Section 26 of PFMA, a supplementary estimate proposal can be submitted to the Parliament to get an “additional expenditure” approved, upon the occurrence of;

·        An unforeseen and unavoidable circumstances such as a natural disaster, and

·        A need for additional expenditure which is not covered under Appropriation Act, and

·        Impossibility of covering such additional expenditure through a virement procedure, contingency fund, or the annual budget reserve.

Appropriation Act, No 03 of 2025

As mentioned above, the expenses for providing relief to Ditwah victims were appropriated from the Ministry of Defense expenditure head under this Budget Act. However, apart from such specific allocations, the Appropriation Act 2025 also provides for the transfer of funds where necessary.

A “Virement Procedure” as mentioned in PFMA and discussed above, is provided for under Section 5 of the Appropriation Act 2025. Thereby, any money allocated for recurrent expenditure which has not been expended or are not likely to be expended can be transferred within that head by order of the Secretary to the Treasury.

Additionally, Section 6 of the Appropriation Act 2025 provides for the transfer of money allocated for development activities under the Department of National Budget Head into any other program under any other head as a supplementary allocation by order of the Secretary to the Treasury.

Disaster Relief Services Circular No. 01/2025

This circular, also discussed above, contains the practical process of allocating funds for the provision of urgent disaster relief. Accordingly, the Treasury would allocate necessary funds to the Ministry of Defense. Thereafter, the Ministry would dispatch those funds through the National Disaster Relief Services Center to the relevant District Secretariats as per their requests.

Budget Circular No. 07/2025

The Treasury Secretary issued this circular to all Chief Secretaries of the Provincial Councils following the Ditwah disaster. Accordingly, it instructed the Chief Secretaries to source funds from the savings of capital expenditures already allocated to them for the urgent restoration and improvement of provincial roads, bridges, hospitals, dispensaries, minor irrigation systems, schools, and buildings providing state services.

Budget Circular No. 08/2025

This circular was issued by the Treasury Secretary and was addressed to all Ministerial Secretaries, Chief Secretaries, Heads of Departments, District and Divisional Secretaries. It announced GOSL’s “Empowerment Program” to provide relief to the people affected by the Ditwah emergency disaster.

Accordingly, it announced the relief allowances to be given to victims under various circumstances. Further, it noted that this circular did not preclude the payment of certain types of relief granted under the Disaster Relief Services Circular No. 01/2025. It also instructed the officials to use Disaster Relief Services Guideline No. 01/2025 when selecting beneficiaries and assessing damages for relief under this circular. 

Procurement Laws Concerning Disaster Management

Once the necessary funds are allocated, it becomes necessary for the local officials to procure goods and services to provide urgent relief to victims affected by the disaster. Following are some of the applicable laws in that regard.

Constitution of the Republic

As per Article 156C, the National Procurement Commission formulates guidelines for the procurement of goods, services, and works by government institutions.

Public Financial Management Act No 44 of 2024

Therefore, under Section 32 of PFMA, all public entities are required to procure goods, services, works in line with such procurement procedures contained in written laws and guidelines issued by the National Procurement Commission.

Procurement Guidelines – 2024 on Goods, Works, and Non-Consulting Services

These were published by the National Procurement Commission pursuant to Article 156C of the Constitution. Among many other important rules, following are relevant to disaster situations.

Section 2.9 of the guidelines notes that the Procurement Committees established at different levels have varying financial thresholds to make recommendations and determinations of contract awarding. Importantly, where a procuring entity needs to engage in procurement actions exceeding the given financial threshold due to an emergency, it is required to follow the procedure in Section 2.9A of the Procurement Manual 2024.

Accordingly, under Section 2.9A of the Procurement Manual, in extremely urgent and exceptional circumstances, the competent authorities mentioned therein could authorize deviations after recording reasons with copy to the Auditor General.

Emergency procurements are discussed in Section 3.1.8 of the Guidelines. Accordingly, a procuring entity may use this method in exceptional circumstances including natural disasters to meet unforeseen social obligations and other similar situations. A formal covering approval for any emergency procurement must be obtained from the appropriate authority at the first available opportunity.

Section 3.1.8 of the Procurement Manual notes the situations in which emergency procurement procedures may be used, including natural disasters. Under this mechanism, procuring entities could relax certain procurement procedures such as the bidding period, advance payments, bidder’s qualifications, with prior approval.

Budget circular No. 05/2025

Following Ditwah, this circular was issued by the Treasury Secretary to all District and Divisional Secretaries.

Based on information from the Procurement Commission, the Treasury Secretary instructed that Divisional Secretaries could carry out procurement activities up to 50 million, as prescribed in Section 2.9 of the Procurement Guidelines 2024. Thereby, he ordered the District Secretaries to immediately grant authority to Divisional Secretaries to expend up to 50 million.

Further, it instructed them to take action on emergency procurements under Section 3.1.8 of the Procurement Guidelines 2024 for the purpose of providing relief to victims of Ditwah.

Budget circular No. 06/2025

This was another post-Ditwah circular issued by the Treasury Secretary to all Ministerial Secretaries, Chief Secretaries, District Secretaries, and Heads of Departments. They were also instructed to take action on emergency procurements under Section 3.1.8 of the Procurement Guidelines 2024 to restore the disrupted lives of people affected by Ditwah.

***

This marks the end of the discussion on legal aspects of disaster management. Accordingly, there are a number of laws in SL that concern disaster management efforts. However, it is important to evaluate them and make adjustments to meet ground level realities where necessary.

International Humanitarian Support

In times of man-made and natural disasters, many nations come forward to provide much needed and appreciated humanitarian assistance to affected nations. There are many examples of this. However, humanitarian actions by states are often discussed from the angles of values and interests.  

Interest based Humanitarian Support

Since ancient times, political entities have designed their foreign policies to achieve both immediate and long-term goals. Accordingly, a nexus between foreign policy interests and humanitarian support is often made. It is also noted that humanitarian support is influenced by various factors such as national security, economic interests, and attainment of influence and power etc. (El Taraboulsi-Mccarthy et al., 2016).

Value based Humanitarian Support

However, a value-based approach to humanitarian support is generally celebrated. For example, former National Security Adviser and Secretary of State of the United States, Henry Kissinger (2014) highlighted the involvement of a moral dimension in humanitarian foreign policy, in contrast to traditional foreign policy.

Testifying to this value-based approach, the international community adopted the UN General Assembly Resolution 46/182 in 1991. This resolution noted that humanitarian assistance is of cardinal importance to the victims of natural disasters. It further emphasized that states themselves have the primary responsibility of handling natural disasters in their own territories. However, it highlighted the limitations of national response capacities, and the importance of international cooperation thereby.

However, international humanitarian support presents a lifeline to those who are suffering, regardless of it being value based or interest based.

Sri Lankan Experience

Sri Lanka, being a country that follows a long-standing non-alignment policy, has often received much needed humanitarian support during grave man-made and natural calamities. International support received during natural disasters such as the 1957 floods, 2004 tsunami, Covid 19 testifies to this fact.

Similarly, in response to Ditwah, many benevolent nations arrived in SL with much needed humanitarian support to augment her relief, rescue and rebuilding efforts. It was heartwarming to see them engaged in such efforts side by side with Sri Lankan authorities.

India launched “Operation Sagar Bandhu”. Accordingly, India dispatched their National Disaster Relief Force together with Military Doctors, deployable field hospitals, and Air Assets etc. Pakistan swiftly sent their relief teams including Z-9 Helicopters of the Pakistan Navy.  This reminded how India and Pakistan, despite their bilateral tensions, and other nations across the Cold War political divide, came forward to support Ceylon’s democratic institutions during the 1971 JVP terrorism.

Further, there were many other nations that helped SL to battle Ditwah. Some of these nations were UAE, Japan, Russia, China, USA, Bangladesh, Australia, and Maldives. More lives would have perished or further deteriorated if not for their invaluable support.

Our Responsibility

In this context, it is our responsibility to honor and appreciate the nations that supported us in numerous ways when we were troubled and weary. Therefore, it is incumbent upon the authorities to undertake this task creatively, maybe even involving actual beneficiaries. As citizens, we too have a role in this.

Further, in this same spirit, Sri Lanka should continue to fulfill her moral obligations by providing humanitarian support to other nations when they are in trouble. This will enhance Sri Lanka’s international image and showcase her true values to the world community.

Suggestions for the Future

Disasters and failures provide valuable opportunities to learn from our mistakes and to redesign and strengthen our strategies. In general, it is appropriate to investigate what went wrong in handling Ditwah to effect meaningful reforms in the future. In this spirit, following are some suggestions for potential improvements.

01.   Improving the Communication Network

During Ditwah, communications between many affected areas and the rest of the country broke down, causing massive mental stress and danger. Therefore, it is imperative to understand the underlying reasons, and to strengthen our communication network with the participation of governmental agencies and the telecommunication industry.

02.   Evaluating the National Policy and Plans

As discussed above, SL has a national policy and a number of plans concerning disaster management. Yet, hundreds of innocent people lost their lives when Ditwah hit us. At least some of these deaths could have been prevented with stronger planning and management. Therefore, it is extremely important to evaluate these policies and plans to better handle disasters in the future. Most importantly, the plans should align with the ground level realities and concerns. This must include the strengthening of early warning systems and evacuation plans. Tips from foreign agencies such as USA’s FEMA could be useful in this regard.

Further, it is important to give priority to proactive steps on disaster management such as regulating construction activities in vulnerable areas, improving disaster resilient infrastructure, and periodical scientific checks for potential disasters such as landslides. Moreover, regular trainings on general and area specific disaster management procedures for officials as well as communities would also be important. 

National plans should also be drawn up to address consequential challenges, such as food security, following national disasters.

03.   Legal Improvements

Laws concerning disaster management in Sri Lanka, including the DMA enacted 20 years ago, must be evaluated to identify areas that require improvements to suit modern day concerns and technology.

A specific improvement would be to allow the President to issue superseding “Emergency Disaster Regulations”, under the DMA when a state of disaster is proclaimed.

Further, similar to Section 68 of the Public Financial Management Act, amending the DMA to statutorily recognize the power of the Secretary to the Ministry of Disaster Management to issue directives, circulars, and guidelines to government agencies on disaster management and relief would provide greater clarity on his authority.

It is also important to ensure the immediate availability of finances to the District and Divisional Secretaries to take urgent relief measures. Therefore, it is important to evaluate the current budgetary and procurement laws and procedures with reference to ground level experiences during Ditwah to make improvements, if and where necessary.

04.   Acknowledging Heroes

Another important element is to appreciate the real-life heroes, in and out of uniform, who volunteered in numerous ways to help the affected communities. The reality is that it would have been much harder for the government to manage Ditwah without their assistance.

05.   Acknowledging Benevolent Nations and Strengthening SL’s Humanitarian Assistance

As mentioned above, it is of utmost importance to honor and appreciate those nations that came forward to help SL during Ditwah. This may be done creatively with the involvement of actual beneficiaries. Further, SL should strengthen her efforts in providing humanitarian support to other nations in times of disasters.

Conclusion

This article discussed various aspects of disaster management in light of the destruction caused by Ditwah. The chapter on governance considered how the responsibility of protecting citizens from disasters has been a longstanding concept. It further highlighted the importance of learning lessons from lacunae of governance during Ditwah for the future. The chapter on Legal Aspects examined various laws on handling disasters, and financing such endeavors. The chapter on International Humanitarian Support briefly discussed the interest-based and value-based approaches to humanitarian support and Sri Lanka’s experiences. Finally, the chapter on suggestions provided some proposals for future improvements.  

Final Remarks

The nature we love so much can also be harsh at times. This dual nature, attributable to many things in life, is a common reality. However, we too have a responsibility to change our own habits and practices that are not environmentally sound.

We cannot bring back the lives we lost. However, Sri Lanka, with its indomitable spirit, can and will rise from the debris once again. But when that happens, we should not repeat the same mistakes we did this time or any mistakes at all. So, let us learn from this debacle for a greater, better, and safer tomorrow!

References

Disaster Management Center. (2017). National Emergency Operation Plan. https://www.dmc.gov.lk/images/pdfs/NEOP/NEOP_English.pdf

El Taraboulsi-Mccarthy, S., Metcalfe-Hough, V., & Willitts-King, B. (2016). Foreign policy and humanitarian action: an agenda for inquiry HPG Working Paper. https://media.odi.org/documents/11125.pdf

Kissinger, H. (2014). World Order. Penguin Books.

Kodikara, S. U. (2008). Domestic Politics and Diplomacy.

NewsFirst. (2021). Emergency Regulations misleading; will vote against it - says AKD. Newsfirst.lk. https://www.newsfirst.lk/2021/09/05/emergency-regulations-misleading-will-vote-against-it-says-akd

Newswire. (2025, December 3). Police instructed to use emergency regulations to arrest those insulting President - Newswire. Newswire. https://www.newswire.lk/2025/12/03/police-instructed-to-use-emergency-regulations-to-arrest-those-insulting-president/

Udagama, D. (2015). 6 An Eager Embrace: Emergency Rule and Authoritarianism in Republican Sri Lanka. https://www.cpalanka.org/wp-content/uploads/2023/09/Reforming-Presidentialism-An-Eager-Embrace-Emergency-Rule-and-Authoritarianism-in-Republican-Sri-Lanka.pdf