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Discretion of security

Discretion of security

16 Jul 2025


 

Border security is crucial for small coastal states like ours since it protects our sovereignty, economy, community and environment from various external threats. Effective border management helps prevent illegal activities, safeguard maritime resources, ensure effective revenue collection and maintain national security. 

This is why Sri Lanka’s border enforcement agencies – The Coast Guard, Navy, the Department of Customs, Department of Immigration and Emigration, and State entities like the Ministry of Foreign Affairs, Ministry of Defence, Ministry of Public Security, and the intelligence community all have combined responsibility to ensure the island’s borders and entry/exit points are effectively controlled.

Other than obvious matters relating to Sri Lanka’s sovereignty and territorial integrity, border security also entails Combating Transnational Crime (Sri Lanka’s vulnerability to inbound smuggling contraband, narcotics and weapons is well documented). Such contraband and organised crime activities and the influx of them have created serious law enforcement and public crises and even helped fuel internal conflicts. Border security is also vital to preventing illegal immigration, flight of criminal and foreign actors, trafficking of vulnerable persons and species, and preventing potential security risks. A robust border control system also aids in countering terrorism and the spread of violent extremism as coastal borders can be exploited by insurgent/terrorist groups for infiltration and illicit activities. Border security also entails protecting critical infrastructure and ensuring economic security of the island. The ongoing cross border poaching by Indian fishing trawlers which use bottom trawling is also an example of a persistent border security issue, which impacts livelihoods, sovereignty, economy and food security of Sri Lanka. 

Border Security also has a role to play in enforcement of our environmental protection regulations, and in preventing pollution and protecting our unique biodiversity. This is especially important as small coastal States often harbour unique and vulnerable ecosystems. Border security is essential for preventing the illegal trade of endangered species and protecting biodiversity.

There have been long-standing issues and concerns about Sri Lanka’s border security apparatus, including the Department of Customs, which for a law enforcement agency, seems to have developed a sub-culture of having its own trade unions and arbitrating for their benefits. A departure from the norm and practice of uniformed enforcement agencies. The recent controversy over the release of 300-odd containers from the Colombo Port sans the mandatory vetting processes, has shone a light back on the Customs and its role in border security. Despite a report which points to the release of containers which were deemed high risk and as such required mandatory screening and search prior to release, the Customs recently attempted to justify the decision stating that they have a responsibility to facilitate trade in order to generate revenue, and that the release of 323 containers earlier this year, which has since drawn controversy, was carried out as part of this process. The release of the containers took place between July 2024 and January 2025. So, this is not a one-off occurrence. Speaking to The Daily Morning, Customs Spokesperson, Additional Director General Seevali Arukgoda said that if businesses are delayed due to prolonged container holding, it directly affects their ability to operate and generate income, which in turn impacts the Government’s ability to collect taxes. He added that helping businesses function smoothly is a globally accepted principle and part of the Customs’ mandate. “Customs has four main objectives: Revenue collection, trade facilitation, social protection, and organisational development. We need to support businesses so that they can operate and generate revenue. If people are not able to do business, how can we collect taxes? If we cause delays by holding containers for too long, their operations suffer. When needed, we have to be flexible. That is why containers were rerouted through the Customs scanning unit. It is a system used during periods of heavy congestion to ease the flow of goods.” 

The statement by the senior Customs official begs the question as to how border security and its broader national security implications are viewed and enforced by the key state stakeholders. It also raises the question about the level of discretion key enforcement agencies have about the security of the country.

Perhaps it is time for a review or audit of Sri Lanka’s border security framework and the role and task of each component of the apparatus. The Opposition has been raising concerns within Parliament, with Leader of the House and Minister Bimal Rathnayake challenging them to lodge a complaint with the Police against his alleged involvement in the matter without making allegations in the chamber. Given the Government's approach to the controversy and their lackluster momentum to hold those responsible accountable, perhaps the Opposition should heed Minister Rathnayake’s challenge and take matters before courts. At least then, the system’s errors and those responsible may be found. 




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