Sri Lanka makes a mockery of the UN Human Rights Council

The session was important for Sri Lanka's coalition government, led by President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe. (AP Photo/Tran Van Minh)

by Taylor Dibbert | Apr 28, 2017

The UN Human Rights Council's 34th session ended on March 24. Ostensibly, the session was an important moment for Sri Lanka's coalition government, which is led by President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe. Sri Lanka's compliance with a previously passed Council resolution (designed to promote human rights and transitional justice) came under review.

Foreign Minister Mangala Samaraweera addressed the body on Feb. 28 and the UN High Commissioner for Human Rights, Zeid Ra'ad Al Hussein, provided a critical assessment of the government's performance during the session. On March 23, as expected, another cosponsored resolution was passed on Sri Lanka.

But here's the bottom line: The passage of another resolution on Sri Lanka, the fifth since 2012, should be viewed as a stark reminder – of both the limits of international influence via the Council and that now would be an opportune time for international actors to consider other methods of engagement with the Sri Lankan government.

Colombo's wide-ranging reform agenda has been stagnating for some time. Nowhere is this truer than when it comes to transitional justice, and building a lasting peace in a country that went through a brutal civil war – fought between Sri Lankan military forces and the separatist Tamil Tigers – from 1983 to 2009.

In a major upset, Sirisena defeated Mahinda Rajapaksa in a January 2015 election. Rajapaksa is still venerated by many ethnic Sinhalese, the majority community, for winning the war. Nonetheless, he put the country on an increasingly authoritarian, corrupt and nepotistic course, which led to his electoral demise.

With the resolution it cosponsored in October 2015, Colombo committed to an expansive transitional justice agenda, including four important mechanisms: a truth commission, a judicial mechanism to deal with alleged wartime abuses and offices to handle both disappearances and reparations. Yet none of those mechanisms are operational. Besides, there are plenty of other moves the government could have already made to prove its sincerity about transitional justice.

Sustained militarization – the military is almost exclusively Sinhalese – throughout the Tamil-dominated northern and eastern provinces remains a major issue. Relatedly, the military's continued occupation of civilian land is a big problem too. Security sector reform is an important matter that's being ignored. Based on my recent exchange with a Colombo-based human rights lawyer, fifty to seventy Tamil political prisoners are still being held in various detention centers throughout the country.

 The government should immediately release all of these individuals or at least bring them to trial.

More generally, Colombo has taken an intransigent approach towards international involvement in the transitional justice process, although a degree of international participation is essential to ensure that the process is credible. Furthermore, the country's political leadership, including the president and the prime minister, are still not making an articulate case for these reforms.

Transitional justice is in deep trouble and additional scrutiny via the Geneva-based body is unlikely to change that very much. From 2012 to 2014, Rajapaksa categorically rejected three resolutions on Sri Lanka. The Sirisena administration has spent nearly two years basically ignoring a resolution it had cosponsored. For better or worse, the U.S. played an important role in the passage of all five resolutions.

Sri Lanka is making a mockery of the Council. If international actors actually want to keep the pressure on the island nation, they should consider moving beyond nonbinding human-rights resolutions – perhaps by reexamining engagement (diplomatic, military, even economic) at the bilateral level – an admittedly unlikely scenario at present.

For the victims of Sri Lanka's war, particularly those residing in the country's war-torn north and east, Sirisena's ascendance has not resulted in dramatic changes to daily life. And, for the duration of his tenure, that's probably not going to change. These are inconvenient realities for many, not least because foreign money for transitional justice projects keeps pouring into the country.

Taylor Dibbert, a writer based in the Washington, D.C. area, is affiliated with the Pacific Forum at the Center for Strategic and International Studies. The views expressed here are his own. Follow him on Twitter: @taylordibbert.

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Sri Lankan Tamil, Muslim political parties protest against the military

Sri Lanka’s Tamil and Muslim political parties are demanding release of land occupied by the military, justice to the missing and jobs for those affected by the civil war

Sri Lanka’s civil war (1983-2009), between the state and the LTTE, created thousands of refugees and led to some 65,000 disappearances. Photo: David Gray/AFP

Thu, Apr 27 2017.

Colombo: All the major towns in Sri Lanka’s war-ravaged northern and eastern provinces on Thursday observed a shutdown after the Tamil and Muslim political parties held a protest demanding the release of military-occupied land. Offices, businesses, schools and public transport came to a halt after the two provinces observed a shutdown.

“We hope the government would respond after looking at this protest action. All Tamil and Muslim political parties in these areas are observing the protest,” M.K. Shivajilingam, a hardline Tamil provincial councillor from the Tamil-dominated northern province, said. In some Muslim-dominated areas in the eastern province, life remained normal with all services operating. The Tamil and Muslim people in the northeast are demanding the government to release the lands that are still occupied by the military, justice to the disappeared persons and provide employment to the war-battered.

“People have been protesting now for over two months yet the government has failed to address the issue,” Shivajilingam said. Some of the lands held over three decades have been released since 2015. But Tamils complain of slow progress. Commenting on the protest, government spokesman and minister of health Rajitha Senaratne said the relatives of the disappeared people in some cases had provided photographic evidence that they had been seen under government care since the end of the conflict in 2009. “We will investigate such cases but we are unable to issue death certificates in respect of the disappeared as we have no proof,” Senaratne said.

In August last year, Sri Lanka’s parliament has unanimously approved a bill to set up an office to help find some 65,000 people reported missing during the country’s civil war with the LTTE (1983-2009), and clarify the circumstances under which they disappeared. Relatives of the missing people had alleged that the Lankan state—particularly its army, navy and police—were behind most of the disappearances. Many Lankan soldiers and LTTE cadres who had surrendered before the government troops were also among the missing.

'Where else should I die but here?'

Today marks the twelfth anniversary since the abduction and murder of Tamil journalist Dharmeratnam Sivaram.

.29Apr 2017

Sivaram, popularly known under his nom-de-plume Taraki, was abducted in front of Bambalipitiya police station in Colombo on April 28 and was found dead several hours later in a high security zone in Sri Lanka's capital, which at the time had a heavy police and military presence due to the ongoing conflict. His killers, highly suspected to be linked to the government of then-president Chandrika Kumaratunga, were never caught.

Tamil journalists terrorised

2005 not only saw the murder of Sivaram, but also of two other Tamil media workers, Mr S Suhirtharajan, Trincomalee correspondent for Sudar Oli, a Tamil daily and Ms Relanki Selvarajah, Tamil broadcaster.

The anniversary of his death became a macabre display of impunity, with government-linked hit men using the day to terrorise Tamil journalists, murdering more media personnel around the same day over the next two years.

Two Uthayan staffers were killed a few days after the paper marked Sivaram's death anniversary in 2006. On 29 April 2007, the Uthayan's Selvarajah Rajivarman, 25, was shot and killed by a lone gunman riding a motorbike in Jaffna.

None of the killers were ever caught.

'Shameful crime'

Sivaram was the editor of TamilNet and contributed to a number of other publications throughout his career, including the Daily Mirror, the Sunday Times, the Island and the Virakesari, and was also closely involved with the Tamil Guardian and the development of its staff.

His views and analysis on the Tamil national struggle and military strategy were in regular demand from the diplomatic community and NGOs, and his death was widely condemned, including by the LTTE, Reporters Sans Frontiers and the Committee to Protect Journalists. Several Sinhala journalists, many of whom had worked with Sivaram also paid tribute to his work. UNESCO's director general called the murder a "shameful crime", in a statement marking World Press Freedom Day.

Fearless

Sivaram faced threats to his life throughout his career, but when urged by friends to leave the island, he often said "Where else should I die but here?".

The Uthayan in an editorial marking his death said he "lived in the Sinhala chauvinists’ den and fearlessly exposed to the world the Sri Lankan state’s false propaganda and repression of the Tamil people."

“Sivaram didn’t raise his voice for Tamil nationalism while living in the safety of a foreign country or away from government controlled areas of this island. His pen started to undermine the Sinhala chauvinists’ ambitions just as the armed fighters did on the battlefield. That is why government terror was unleashed upon him," the Uthayan said.

The LTTE conferred the "Maamanithar" title upon the journalist, the highest civilian honour of the movement.

"Tamil people have lost today a highly principled man who deeply loved them and the Tamil Nation. A voice that echoed the freedom of the Tamil people and their homeland, Tamil Eelam had been silenced today. An eminent Tamil journalist had fallen victim to the enemy’s act of cowardice," LTTE leader V Prabhakaran said in a statement at the time.

Below is an excerpt from a speech delivered by former Tamil Guardian editor Vino Kanapathipillai in London in 2010, at an event marking the fifth anniversary of the death of Sivaram.

"The Tamil Guardian has had a relation with Sivaram almost since it began. He was instructor and mentor to the longer-serving volunteers on the paper. He taught us not only how to write, but how to think through the complexities of politics; to go beyond a surface analysis of a problem and explore the underlying structural movements. For this we are grateful.

"As long as the oppression of Tamils continues, so too must the struggle for Tamil rights. Most of us knew Sivaram through our engagement in this struggle. I think it behoves us all to continue to remain committed, in whatever field we are in, to continue his resistance."

Dharmeratnam 'Taraki' Sivaram

11 August 1959 - 28 April 2005

Murdered editor champion of Tamil cause - BBC (29 Apr 2005)

FCA condemns Sivaram slaying -TamilNet (29 Apr 2005)

Embassy of Japan condemns the abduction and killing of Sivaram - TamilNet (29 Apr 2005)

LTTE accuses SLA Intelligence, para-militaries for Sivaram's murder - TamilNet (30 Apr 2005)

Jaffna journalists protest over killing of Sivaram - TamilNet (30 Apr 2005)

'Sivaram was a terrorist journalist' - JHU - TamilNet (03 May 2005)

Marking or silencing the enemy? (31 Aug 2005)

2005 ‘black year’ for Tamil scribes (22 Mar 2006)

Tamil media caught in ‘hellish cycle of violence’ (23 Aug 2006)

Waiting for justice, indefinitely (05 Jan 2012)

Jaffna journalists remember killings of Sivaram and Rajivarman (30 Apr 2014)

10 years on the situation for Tamil journalists in the North-East is yet to see much change.

See also:

Tamil journalists summoned by Sri Lanka's Criminal Investigation Department  (27 Apr 2015)

Journalist and two students detained by Sri Lankan police in Jaffna (23 Apr 2015)

Intimidation of Tamil journalists continues under new Sri Lankan govt says TNA MP (16 Apr 2015)

IFJ condemns intimidation of Tamil journalists by Sri Lankan police (13 Apr 2015) 

Uthayan journalists do not feel free – Editor (10 Apr 2015) 

Jaffna journalist detained after investigating assault by Sri Lankan police (08 Apr 2015)

Tamil journalists threatened by police in Jaffna (08 Apr 2015)

Surveillance of journalists in North must stop, says international media mission (01 Mar 2015)

Related Articles: 

11 October 2016 : Former DIG concealed evidence in Sivaram murder - Sunday Leader

30 April 2016 : Journalists in Colombo demand justice for Sivaram

28 April 2016 : Murdered journalist Sivaram remembered in Jaffna

12 May 2015 : Sivaram remembered by journalists in Tamil Nadu

Skullduggery, secrecy and the counter-terror draft act

Sunday, April 30, 2017

In the chaotic merry-go-round characterizing the drafting of Sri Lanka's proposed Counter-Terror Act (CTA), the periodic surfacing of one version followed by another has given rise to unexpected horrors. Every time that a new draft emerges or must I say, is 'extracted' with great pain out of a process gripped by skullduggery and secrecy, its devious drafters conceive new and ingenious ways to confound scrutiny.

Legal clauses to mask and deceive

Even as one objection is taken to categorically dangerous definitions of proposed offenses, these are whipped away, soothing the unwary. Yet later, they emerge, clothed in chameleon colors to mask and deceive. Nothing proves this point better than the CTA draft that went before the Cabinet of Ministers this week. This includes hasty revisions made on the cusp of a suddenly suspenseful vote in the European Parliament seeking a rejection of the EU GSP Plus facility which was defeated.

Ostensibly, its contents were supposed to have improved. Yet what we see is not reassuring. The draft reeks of bad faith and is an extraordinarily contradictory. Indeed and outrageously so, it contradicts explanations for drafting positions taken by the drafters themselves.  

Two glaring examples will suffice for the moment. The initial CTA version leaked to this newspaper last year had included the offense of espionage. Following public concern, this was removed in a later version. As formally recorded, the reason given for this removal was because this offense would more properly belong to a separate National Intelligence Act.

But now, in the face of that very explanation, various offenses under espionage were sneakily restored to the latest draft while omitting the sub-heading 'espionage.' Thus, the offensive of 'abetment' is defined to include 'gathering confidential information' if linked to 'terrorist' or terrorist related offenses. Treacherous consequences which may ensue are tied into the very broad definitions of terrorism related offenses. In addition, confidential information has been vaguely defined inter alia as information that may adversely affect public safety.

Scant protections in a dysfunctional system

Risks inherent in which they are not mitigated by 'good faith' with 'due diligence' and 'for the benefit of the public in the print and electronic media or in any academic publication.' It is interesting that this protection is only for 'registered' media. Meanwhile a notable omission in those given protection is online media which should sound warning signals for cyber advocates.

In any event, the terms such as 'good faith' and 'due diligence' provide scant protection in a dysfunctional judicial and prosecutorial process. Provisions that are perfectly reasonable in the functional Rule of Law systems assume sinister meaning connotations here because of that reality. This is not an abstract point as far less hazardous Prevention of Terrorism Act (PTA) was wielded against journalists and critics for decades.
Bitter animosity against the Rajapaksa regime was manifest in that regard. Why are we beckoning to laws that may provide greater opportunities for political repression? This is a baffling question.

Reinventing previous 'vague' terms

In another equally furtive move, the term 'unity' in relation to the definition of 'terrorist' and terrorism related offense 'has been brought back. Earlier, this was removed after persistent criticism. As the drafters themselves admitted, the term was vague. Classifying a terrorist related offence If one writes or talks in a manner that may offend 'unity' (subjective in its very essence) is the perilous to say the least.

But wondrously, this week's CTA restores 'unity' as a component of 'Offenses of Terrorism' and other related offenses. Culpability arises when acts are known or reasonably believed to adversely affect the 'unity, territorial integrity, sovereignty, national security or defense of Sri Lanka.' The related offenses are repetitive and vaguely defined. They include 'specified terrorist offenses', 'aggravated criminal offenses associated with terrorism', 'offenses associated with terrorism' as well as 'terrorism related offenses' and 'abetting terrorism and terrorist organizations.'

Thus, speaking or writing that 'causes harm to the' unity, territorial integrity or sovereignty of Sri Lanka, 'amounts to abetting terrorism and terrorists. That this proposed offense is not to affect the exercise of a 'fundamental right' in 'good faith' is a sop thrown to the needy. Its efficacy depends on a vigorous Supreme Court conscious of its constitutional role and a vigilant civil society. With some exceptions, one can not profess a great deal of confidence in either.

Where is this famed 'accountability'?

Meanwhile police powers in compelling bank statements, calling for information from service providers and senior public officials etc without applying for a magisterial warrant can now be met with with rejection to comply. Further action is only through activation of the legal process which is some relief at least. However, a suspect's right to immediate access continue to be held by qualifications rendering it meaningless. Here too, the revised amendment to the Code of Criminal Procedure Act appears to be right after but then craftily denies it later.

In sum, the contents of that amendment and the revised CTA draft appear to be an uncomfortable exercise in 'lies and deception.' Indeed, it is an insult to assume that masking language and offenses will not result in the pretence being exposed. As repeated ad nauseam in these column spaces, both these amendments must have been publicized by the Government of Sri Lanka and extensively subjected to detailed independent scrutiny. But the converse takes place.

In the minimum, the CTA draft has not yet been sent to the Human Rights Commission of Sri Lanka (HRCSL). This is despite the fact that the mandate of the HRCSL (Section 10 (c) and (d) of Act, No 21 of 1996), is to advise and assist the government in 'formulating legislation ... in furtherance of the promotion and protection Of fundamental rights' and to recommend on compliance with international human rights norms and standards. The contempt thus shown for a prescribed statutory process is nothing short of scandalous.

Menacing eventualities before us  

Once the document is in the Bill of Parliament, there is only limited time for challenge if needs be in Court. This absurd and counterproductive scramble in forcing through laws is deplorable. Whatever revisions that may take place at the committee stage to this bill is also out of our hands.

Certainly these are menacing and high risk for a law that can be used to crucify Sri Lankan citizens by present or potential as may be.

SOC refuses to recommend regulations on tax concessions

2017-04-29

The Sectoral Oversight Committee (SOC) on Finance has refused to recommend the proposed regulations, under the Excise Special Provisions Act, granting tax concessions because they have been formulated with the intention of giving concessions to selected companies.

Chairman of the SOC on Finance, MP M.A. Sumanthiran who presented the committee report in Parliament yesterday highlighted the fact that concessions have been recommended to only 23 companies though there are hundreds of others who are eligible for tax concessions.

“Concessions have been recommended for companies owned by fathers and sons,” MP Sumanthiran said and added that the criteria applied on selecting the 23 companies were not clear. (Yohan Perera and Ajith Siriwardana)

SRI LANKAN PRESIDENT CALLS ON FORMER ARMY COMMANDER TO “DISCIPLINE THE COUNTRY”

By K. Ratnayake .-29/04/2017

Sri Lankan President Maithripala Sirisena has called upon Field Marshal Sarath Fonseka to resign from the government’s ministry and return to the position of army commander. In a bid to “discipline the country,” Fonseka would be head of the country’s three armed forces for two years.

SRI LANKAN PRESIDENT CALLS ON FORMER ARMY COMMANDER TO.docx by Thavam Ratna on Scribd

The Story Of Doing It In Our Own Language

By Mahesan Niranjan –April 29, 2017

Prof. Mahesan Niranjan

Yesterday, in the pub, my partner – the Sri Lankan Tamil fellow Sivapuranam Thevaram – and I discussed education. It is topical in Sri Lanka, because we hear a lot about senior appointments, killing dogs, private medical education, admissions and the cruel treatment of freshers. My friend has observed some of the good and bad in the system, and the comparisons he makes with institutions elsewhere make interesting topics of conversation. Today we drifted into the medium of instruction, educating in Sinhala and Tamil, known as Swabasha. Thevaram described to me his early encounters with this policy, from his childhood memories.

One evening, the Sivapuranam family were seated at their dining table for a candle-lit supper. “Candle-lit?” you ask. You are annoyed that the family suffered from a colonial subject mind-set, trying to keep up appearances. Pause, I beg you, electricity had not reached the northern village of Karainagar, so candles and kerosene lamps were the sources of light.

Yet the villagers – who had neither electricity nor running water – had a thirst for knowledge. Just the previous month, several had gathered round a radio, listened to the running commentary on short wave of the Apollo 11 Mission and cheered loudly when the moon-landing was announced. Sivapuranam, Thevaram’s father, had enlisted two guys to climb up coconut trees in the backyard and construct an antenna for the valve operated radio, powered by a car battery.

Their dinner conversation started with the classic middle-class Tamil mother’s daily question to the son: “Putha (son), what did you study at school today?”

“We studied about carbon-di-oxide, mummy,” Thevaram replied.

Now, Sivakami did not know any Chemistry. But, having attended the village posh school, she knew English. This was enough for her to grasp that there was something called carbon which is the stuff she burnt in the stove, something called oxygen, which was essential to keep the fuel burning and somehow you needed one of the former and two of the latter to make the substance of which her offspring had become knowledgeable. She was pleased, yet a little humbled because she herself had spent three years in Hilltop, studying Sanskrit.

“Of what use is that?” Thevaram often teased her of her Sanskrit education.

“That is what scholarship was all about,” she would reply. “The suddha went to the posh schools of Eaton and Winchester, followed by Oxford or Cambridge to read Latin. So we did the same. And why do we need the suddha’s dead language, when we have our own dead language?”

Suddha did, we did, and we did it in ours. But we were proud when we did it in ours!

Joining the conversation, Penelope, Thevaram’s grandmother, also wanted to know what it was the boy had studied. “Enna raasa (what darling)?” she inquired. Penelope loved her grandson dearly and was very proud of the little brat. She insisted the grandson was fair skinned, though no sensitive optical instrument could detect this. He was just the same as the village farmers who spent the whole day in the scorching sun.

She had in her mind a hierarchy that was black and white — a ranking maintained to this day the world over, including in the marriage advertisements of the Ceylon Daily Noise and the Virkesari.

Read More

Exclusive: Sri Lanka — New Instruments from Israel to boost Surveillance!

by Our Defence Correspondent-Apr 29, 2017

( April 29, 2017, Colombo, Sri Lanka Guardian) The government of Sri Lanka which claimed for the practice of “Good Governance” has ordered the new shipment of ultra-technological tools produced by companies based in Israel to monitor, restore and analysis the data on any type of communications instruments (devices) used by anyone within the Sri Lankan territory. Most of those tools are well functioning since the beginning of this year.

According to well-informed sources, with these new tools, the authority will have the facility to read, store and share any type of email communication shared or stored by third parties through any Internet Service Providers (ISPs) in the country.

“This, I believe, is a new era of surveillance on any person and major development of the deep state in Sri Lanka”, a reliable source told the Sri Lanka Guardian.

There are larger numbers of private as well as semi-government entities in Israeli produced larger scales of tools for the surveillance. Many authorities around the globe including National Security Agency (NSA) frequently used to visit Tel Aviv to buy their products.

Sooner after the Declaration of the State of Israel in 1948, the authority has created the clear-cut path for the innovation of advanced technologies. Most of them later focused on the Surveillance Technology, and the country turned into the hub on that particular technology in recent past.

According to the Privacy International’s Annual Report; “There are 27 surveillance companies with headquarters in Israel in the SII (Surveillance Industry Index). Out of the top five countries represented in SII, Israel is home to by far the largest amount per capita, with 0.33 companies per 100,000 people located in Israel, compared to 0.04 in the United States and 0.16 in the United Kingdom.”

Unconfirmed sources informed the Sri Lanka Guardian that the officials have signed the contracts with the companies such as Mer Group, Ability Inc.

‘Mer Group’, a company which was first established as a metal workshop later turned into the Surveillance Product Company. It is one of the best companies run by retired security persons in Israel.

In an investigative article originally appeared on The Intercept, one of the best US-based independent journals, “The Company’s CEO, Nir Lempert, is a 22-year veteran of Unit 8200, the Israeli intelligence unit often compared to the National Security Agency, and is also the chairman of Unit’s alumni association. The Mer Group’s ties to Unit 8200 are hardly unique in Israel, where the cyber sector has become an integral aspect of the Israeli economy, exporting $6 billion worth of products and services in 2014.”

Meanwhile, “In the age of Social Media and Big Data, the difficulties of intelligence work lie not so much in obtaining information as in making sense of the huge quantities of information that are already available. Identifying the relevant information and piecing together a picture of real world threats is the key to preventing and investigating crime, fraud and terrorism in the 21st century,” Mer Group has noted in its introduction to the Mer Group’s SAIP suite.

“Mer Group’s SAIP suite was created by the intelligence experts who rely on proven experiences and best practices developed in Israel to deliver excellent intelligence and investigations solutions for law enforcement forces, intelligence agencies and corporations. The SAIP suite contains 3 innovative systems based on the cutting edge technology and know-how developed to deal with the critical tasks of analysing and managing data from disparate sources, leveraging the power of social media and countering cyber threats,” the compnay’s memoranda SAIP suite further noted.

“SAIP offers a suite of solutions consisting of:

OSCAR – Open Source Collection, Analysis and Response

ECAROS – Enterprise Collection, Analysis for Real-time Operations System

CIFER – Content Intelligence – Fact Finding, Evolution & Rating

CARTA – Cyber Analytics for Risks and Threats Assessment

Combining these capabilities together, SAIP suite delivers the right information to the right person at the right time.”

“It is unclear that the Government of Sri Lanka has already ordered Mer Group’s SAIP suite but the officials have unanimously expressed the concern of buying,” reliable sources from Mer Group has disclosed.

“Despite all flourished words to restore the rule of law the Government of Sri Lanka is continuing their old path to eliminate the people who fight against injustice”, a key player who fought to bring the new Government, said.

However, according to the Defence establishment, these new tools can be used to identify the threats which could help to prevent crimes as well as acts against the State.

Nonetheless, restoring third party communications without a proper Court order or consent of the subject is illegal and all member states of the United Nations are obliged to respect the rights to privacy of its citizen. Despite the law, the many authorities are practising the surveillance while breaking fundamentals of rights to privacy.

Therefore, the global resistance against the illegal surveillance has erupted. The global resistance has led the United Nations to establish a new mandate holder on this subject. Joseph A. Cannataci, the UN Special Rapporteur on the Right to Privacy (SRP) has appointed last year (2016) and his first report was issued on March 2016.

Seven key thematic areas were identified for his mandate, to be prioritised throughout consultations:

• Privacy and personality across cultures;
• Corporate online business models and personal data use;
• Security, Surveillance, Proportionality and Cyberspace;
• Open Data and Big Data analysis: impact on Privacy;
• Genetics and Privacy;
• Privacy, dignity and reputation;
• Biometrics and Privacy.

“Sri Lanka as a country claimed to defeat the ‘authoritative regime’ and established true principles of democracy, is now exercising same strategies to eliminate the possible political challenges under the pretext of national security,” a retired defence source told the Sri Lanka Guardian.

Lanka’s muddled politicos can learn from Andhra

Andhra Pradesh’s Chandrababu Naidu leads the pack

Naidu’s ambitious agenda: Shooting for the stars

The State Government takes the lead: Microsoft’s Satya Nadella (L) with Naidu

by Kumar David-April 29, 2017, 6:44 pm 

The economies of some big states in India are growing above the national average, among them Maharashtra, Tamil Nadu and Telangana; small ones like Pondicherry, Goa, Meghalaya and Sikkim are doing even better and so are Jharkhand and Bihar starting from a low base,. Andhra Pradesh (AP) comes in just behind Telangana. (Different sources report conflicting rankings: See statisticstimes.com). However, in ambition AP Chief Minister Chandrababu Naidu leads the pack. His vision for AP is to be among the top three by 2022, number one in development cum happiness by 2029 and a global investment hub by 2050. His joint seminar with Microsoft’s CEO Satya Nadella – of Indian origin, born in Hyderabad – was not short of oomph in shooting for the stars. Naidu is no poor man’s saviour; his goal is capitalist development, a latter day state-level Lee Kwan Yew. If successful he will achieve what Ranil wants to but can’t. Naidu’s video is at: https://www.youtube.com/watch?v=8iHWXicczTU.

Why is it that Indian states reach tall targets but GoSL is mired in a muddle? Maharashtra, Madhya Pradesh, Tamil Nadu, Telangana and AP are all above the high national growth rate of 7 to 7.5%. Some at 10% are on course to become India’s Guangdong or Jiangsu. If economy A is half that of B, but growing at a sustained 5% higher rate, then mathematically A will overtake B in 14 to 15 years. In an inversion of the rabbit and tortoise story, a faster growing number will, at some point in time, always overtake a slower growing one, whatever the initial handicap. Lanka’s economy grew at 4.5% last year and the Central Bank, whistling in the dark, says it will rise to 5.5% in 2017; still 4 to 5% below the best performing Indian states.

I picked Naidu as my specimen because he and Ranil share a common ideology, a globalization oriented capitalist outlook. Years ago it was called neo-liberalism, now defeated and dead. In a snapshot of Nimal Sandaratne’s views, Shyamon Jayasinghe (Colombo Telegraph 21 April) says: "What we need on a national scale is transformation of the economy from import dependence to export led growth. This can be built only on domestic and foreign investment. Government has to put in place a policy environment to encourage this". Well, improving exports is fine; it will help Lanka climb out of a debt basin, investment will generate employment and the profit seeking classes will be pleased.

But there are three other aspects to examine. (a) Why is it that Naidu’s initiative seems to be delivering, but not Ranil’s? (b) What is the role of government – Andhra State in the case of Naidu, GoSL for Ranil? (c) Since neither Naidu nor Ranil are populists, not even to the extent of Prime Minister Modi, what does this portend for the poor? This essay will take a stab at the first two questions.

Naidu’s cylinder is firing but not Ranil’s

In respect of conundrum (a) I will not critique Ranil unfairly; the inherited debt burden is huge and Lanka cannot circumvent financial and a degree of political subservience to China in the wake of Rajapaksa era profligacy, waste and megalomania. And the whole world still lives in the shadow of the 2008 WobbleU shaped recession; wary globe watchers expect another wobble, a follow up recession, next year. Ranil and GoSL will have a hard time attracting Western capital because investors are running scared all over the world There are only small signs of upturn in the global rate of profit, whose decline was the forerunner of 2008 crash. Lanka is a riskier basket than India and Andhra Pradesh for Western capital, so Ranil is batting on a stickier wicket than Naidu. Those who know me well will recall that I am not a UNP supporter or Ranil devotee, but if the alternative is a Rajapaksa-sibling scoundrel, what choice do we have except to try and avoid a one-term fate for the miserable current lot?

Where Ranil does have a strong hand and seems to be bidding two-no-trumps is in finessing China, India and Japan on Lanka’s port facilities. I cannot explore this at length but readers should visit Jeremy Luedi’s "Are Sri Lanka’s ports the next Great Game for China, India and Japan?" in Global Risks Insight, April 17, 2017; http://globalriskinsights.com/2017/04/radar-sri-lanka-next-great-game/. Luedi’s case is convincing and emphasises political and economic not strategic factors, a line of reasoning I have advocated. (Who needs Trinco, Hambantota or ocean waters south of Lanka for hi-tech naval strategy?).

China is focusing on Hambantota, India and Japan on Trinco, and the US on Jaffna. China crony Mahinda bleats that Ranil plans to apportion control accordingly, but Lanka needs investment. Japan’s Abe says: "Without a free and open Indian Ocean, there cannot be real prosperity in the region. This is why it is essential for Lanka to grow as a hub and develop ports that are open to everyone". Our location between the Middle East and East Asia is valuable though India and Japan are concerned about Chinese investment and influence. Ranil is pitching Lanka as a trade and finance hub. He wants Japan to use us as a trade hub and hopes to deepen the FTA with India via ECTA and wants FTAs with Singapore, China, Indonesia and ASEAN countries. I support these initiatives in principle; sans global linkages Lanka will stagnate.

But the government is facing a storm instigated by the Rajapaksa led Joint Opposition (JO) which wants to sabotage the Ranil administration at every turn. (Shyamon does a fine job eviscerating Rajapaksa mouthpiece Dayan Jayatilleke in the aforementioned CT piece). Pathologically, the JO is anti-Indian because India and Tamil are synonymous to the chauvinist mind. Majority Indian control of the Trinco oil storage facility is what keeps Dayan and the JO awake at night.

The flashpoint of domestic anger is plans to expand the Hambantota project into a 15,000 acre economic zone with 80:20 ownership in favour of China. The $1.4 billion will be the largest foreign investment in the country with an additional $13 billion expected in subsequent developments according to Leudi. The project promises 83,000 jobs but has been delayed by JO instigated unrest. The plans spare developed land and nature reserves, but the future of nearby villages is uncertain. This has panicked locals. The way things are handled by the government is plain stupid; it grossly mishandled the propaganda. Another contentious issue is a plan to extend Colombo Port City by eight to 10 miles, making it the largest in the region, but at the expense of the urban poor who are pushed out to make way for flashy office blocks and condominiums for the wealthy. Meetotamulla is symptomatic of the calamities that this and previous government top-brass precipitate.

Naidu drives hard, Ranil plays off the back foot

The Naidu video exudes confidence because he has a support mechanism of experts, officials and politicians. The pitch is directed and led by the Chief Minister. Information technology (bandwidth and cloud technology), building a new capital at Amaravati, expertise for efficient governance, highways, infrastructure and liaison with Microsoft are the key projects. One can’t use the term state-capitalism for something confined to one local State, but I think you get my point. There is no assurance of eventual outcomes; I only say Naidu is a well-ordered state-capitalist.

Ranil’s economic team is Charitha, Paski and Malik, residues of an old school tie JR-era neo-liberal rump. Harsha and Eran are not dregs but have neither the clout nor the personality to say boo to this cabal. There are one or two novice Cabinet economic committees but the missing link is a planning commission. A hard-core packed with engineers, information specialists, economists with hands on experience, can-do project managers, and types who know how to manoeuvre decisions through the machinery of state. Geriatrics whose use-by date has expired are no good for steering the ship of state. Actually Ranil is more able than the aged crew he is cloistered with. And nationally there is no visible machinery of independent planning-intelligence; only a few "think tanks" that parrot the IMF.

What brought this incompetence home to me like a hammer blow was the monumental blunder in the cavalier decision to abandon the Sampur power project. (I served on some inane and pointless committee). The national political leadership was out of its depth, but everywhere in the world leaders rely on subject experts. The shocker was the epic ignorance of ‘advisors’ closeted with President, Prime Minister, subject Minister and the Public Utilities Commission. I bet Naidu engages competent professionals and of course he plays in a different ball park.