CPA Concerned with Process to Operationalize the Office on Missing Persons (OMP)

13th September 2017, Colombo, Sri Lanka: The Centre for Policy Alternatives (CPA) raises serious concerns with the issuing of Gazette (extraordinary) No 2036/21 on 12th September 2017 by President Maithripala Sirisena qua Minister of National Integration and Reconciliation. CPA previously raised concerns when President Sirisena issued Gazette (extraordinary) 2028/45 assigning the Office on Missing Persons (Establishment, Administration And Discharge Of Functions) Act No 14 of 2016 [Office on Missing Persons Act], to the Minister of National Integration & Reconciliation.

CPA’s previous statement raised a key constitutional point in terms of the assigning of subjects or functions of ministries as provided by the 19th Amendment to the Constitution. As pointed out, prior to the 19th Amendment the President could assign to himself any subject or function not assigned to any other Cabinet Minister. This provision was repealed by the 19th Amendment. However a special exception was made for the person holding office as President on the date of commencement of the 19th Amendment. After the General Election of August 2015, the President in terms of Article 43 (2) of the Constitution issued two Gazettes appointing Members of Parliament in charge of Ministries. Thereafter in terms of Article 43 (1) of the Constitution, the President issued Gazette (extraordinary) 1933/13 dated 21st September 2015 which, assigned subjects and functions to the previously allocated Ministries. Furthermore this gazette of (1933/13 dated 21 September 2015) established a “Ministry of National Integration & Reconciliation” which had not been allocated to any Member of Parliament. However the President does not have the power to assign to himself any subjects and functions outside those specified in section 51 of the 19th Amendment. As such the parts of Gazette (extraordinary) 1933/13 dated 21stSeptember 2015, which assigned to the President powers as the Minister of National Integration & Reconciliation are unconstitutional. Following from this, questions are raised with the two gazettes issued in July and September 2017, with the latter being issued by President Sirisena qua Minister of National Integration and Reconciliation. As a result, the legality of the act to operationalize the Office on Missing Persons (OMP) as provided under Section (1)2 of the Office on Missing Persons Act is now in question.

CPA is disappointed by what seems a complete disregard towards the constitutional framework in Sri Lanka and commitments made in 2015 to usher in good governance, rule of law, democracy and reconciliation. It is also a sad reflection of a process that has been flawed from the outset, resulting in numerous delays and obstacles in the enactment of the legislation, establishment and operationalizing of the OMP. CPA welcomedthe commitment to establish the OMP, a crucial step in the search for the truth but the continuous delays and errors compounding the establishment of the OMP further exacerbate the uncertainty for thousands who continue to search for the disappeared and missing loved ones. This must be immediately addressed. CPA reiterates its previous call for swift action to correct this erroneous and arbitrary move and to ensure that the establishment and operationalizing of the OMP is done in adherence to the constitutional framework in Sri Lanka. Any exception in this regard will question the integrity of the OMP and much needed work towards addressing past abuses and impunity in Sri Lanka.

Download the release in English here and Tamil here.

OMP-September-2017-Tamil.pdf by Thavam Ratna on Scribd

SRI LANKA: OFFICE OF MISSING PERSONS TO BE OPERATIONAL FROM 15TH THIS MONTH.

President Maithripala Sirisena  has issued a gazette notification establishing the Office of Missing Persons (OMP) with effect from September 15 last night.

13/09/2017

It was only two days ago UN rights Commissioner Zeid in his opening statement to 36 session of the UNHRC urged the Sri Lanka government to “ to swiftly operationalize the Office of Missing Persons and to move faster on other essential confidence building measures, such as release of land occupied by the military, and resolving long-pending cases registered under the Prevention of Terrorism Act. “
The extraordinary Gazette notification says that::

‘By virtue of the powers vested in me by Section 1 (2) of the Office on Missing Persons
(Establishment, Administration and Discharge of Functions) Act, No. 14 of 2016 as amended by Act, No. 9 of 2017, I, Maithripala Sirisena, Minister of National Integration and Reconciliation do by this Order, appoint September 15, 2017 to be the date on which the provisions of Parts I, II, III, IV and V of the aforesaid Act shall come into operation’.

Lessons for the public sector chairman

 Wednesday, 13 September 2017

If anyone has served the public sector in any capacity, the decision last week by a High Court on the highest-ranked Government officer of the country sure sent shockwaves. Not only because of the hard decision of three years’ rigorous imprisonment but the personality has taught at university, a bubbly personality who was passionate about children’s education and always stood up for officials who were righteous. Incidentally a point to note is that a few months ago the Secretary to the current President resigned citing personal reasons which erred many who supported good governance.

Public sector – best talent in SL

After having worked for 17 years in British and American multinational companies, when I decided to read for my doctoral studies I decided to serve the country. I had the opportunity of serving three Presidents – Chandrika Bandaranaike Kumaratunga, Mahinda Rajapaksa and current President Maithripala Sirisena in the capacities of Chairman of the Sri Lanka Export Development Board (EDB), Sri Lanka Tourism (SLTPB), the largest retail chain in Sri Lanka – Lanka Sathosa and the key policymaking entity - the National Council for Economic Development (NCED) during my tenure. The journey then took me to serve the Government of the world – the United Nations (UNOPS) for five years.

If I have to evaluate working for the private sector as against the public sector, there is no doubt the satisfaction one gets in serving the latter is a life-changing experience. I would always urge every private sector person to at least serve the Government for two years to understand some of the realities.

Without hesitation I can state that 95% of the public sector employees are honest in their financial dealings and their commitment to the job far outweighs their counterparts in the private sector. The real public sector officials of Sri Lanka demonstrate quality of thinking and depth of strategy to be higher than the private sector counterparts.

The logic being that to get hired into the public sector in Sri Lanka one has to be a university student and they must be the cream of this segment. Hence they are the brightest people in the country in the relevant batch to be picked up. But I do agree that their commercial thinking is limited given the exposure they have. Given the salary scales they are on, living a simple life is a way of life but this leads to reducing the complexities of life that the urban counterparts have to live up to.

Let me share a few thoughts on working for the Government which I felt is opportune given the developments last week.

1) Minister appoints but work for people

In Sri Lanka the usual practice is that a chairman is appointed by a minister of the relevant subject area. But an ethos I followed was that after the appointment the focus must be on to the mandate that you have taken. May be your lifespan can be short with this approach on a three-year tenure but yet you can make a difference and influence strategy. You might have to balance the political economy of Sri Lanka but as long as the eye is on the mandate you were given you can service the institution well.

2) Board of directors 

Most boards of directors in Sri Lanka have an official from the Treasury. In tough institutions the Ministry of Finance appoints two members to the board. As a chairman you must keep the board informed of the decisions you take. Especially post the issues of financial governance that we have seen in the recent past, if board approval is sought or at least keeping the board informed in an official manner such as a ‘information paper’ you can manage difficult situations.

3) Have a good advisor on AR

and FR

Sri Lanka’s procedures might be old fashioned and out of pace with today’s challenges but if one digs into the nuts and bolts of the procedure manual we can see the many options of implementing decisions without violating Government procedures. One technique I followed was to be close to the accountant in the relevant line ministry. Normally this person is a top SLS officer and he can give you insights that can help avoid many issues in working for Government corporations.

4) Tender procedures

A highly respected Treasury secretary once mentioned that a sure way to slow a project is the current tender procedure. But the reality is that we have live with what we have. One practice I followed even with pressure from all quarters was to ensure an anchor with strong values was included to the tender evaluation committee and a clear detail minute to be recorded post every meeting that was signed by each member apart from the tender decisions taken.

I remember once a supplier with high connectivity exerting pressure for award but as a team we did not wilt and followed the process. One strategy we also followed that came from a respected civil servant was to table all key tender decisions at the board meetings even if technically there was a grey line if the board actually can comment on an independent tender board appointment.

5) Media 

Once again the advice of a very senior public servant was that in Sri Lanka the media does not lie. For any story there is some degree of fire that is causing the smoke. Whilst one can be strong on governance it is also important to demonstrate this trait. The best ambassadors are the people inside the company whom you work with on a daily basis. All media leaks happen from inside and the way you live on a daily basis is what gets communicated outside.

Good work is normally latched on by media immediately and strong communication becomes a natural story rather than having to conduct press conferences.

6) Build a network 

Once you are in the public sector the related stakeholder network happens naturally. Your best communication is the network, especially in a country like Sri Lanka where ‘corridor talk’ is more powerful than formal media. The objective of the network must be to drive organisational projects and never to be used for you to stay in the seat. This is where many make the mistakes as the stakeholders are people who are connected closely to the powers may be. Never be under obligation to the stakeholder community.

7) International community 

The world is craving good talent in the public sector. When performance happens that international community, especially the donor community, comes in contact with you. This becomes the real power for execution. Make the best of the partnership but keep the line ministries informed as any donor funding has to come through the Ministry of Finance technically.

8) Internal public 

Regular updates to the internal staff is paramount so that social media does not become the source of data by the internal public. A walk across all departments once a week helps. The mouthpiece to the internal public is your driver. Be absolutely transparent in what you talk, especially in the vehicle. I had a policy decision that I will always use the same driver that the organisation allocates to the chairman. The same strategy I follow with the chairman’s office staff and secretary. This brings in stability and clear communication inside the organisation.

9) Have an anchor

Given that strong work ethic and financial governance is a way of life, it’s best to have an anchor in the line ministry who will advise and communicate the key vibes in the close circle. This is very important especially if you are career technocrat rather than just a political appointee even though officially you are the latter.

10) Have a personal vision 

Whilst enjoying the serving mentality and you may be having an ambition to move to the world’s public sector like the United Nations, on a personal front you must have a ‘vision’ so that on each role you take in the public sector it adds up to your end goal. Leading a simple life helps.


(The writer has a double degree in marketing, MBA and doctorate in business. He is an alumnus of Harvard Kennedy University and serves on many director boards in the private and public sector. The thoughts are strictly his personal views.)

SC summons won’t deter me says Naganada Kodituwakku

by Shamindra Ferdinando-September 13, 2017, 10:37 pm 

Attorney-at-law Nagananda Kodituwakku has vowed to go ahead with his anti-corruption campaign, despite the Supreme Court initiating a disciplinary inquiry in respect of his conduct in the Court of Appeal on May 21, 2015 before the then President of the Court of Appeal, justice Vijith Malalgoda, PC and justice H.C.J. Madawala.

A smiling Kodituwakku, who also holds British citizenship emphasized that he wouldn’t keep quiet, though he has been issued a charge sheet and directed to appear before the Supreme Court on the 26th  of this month. Kodituwakku said so when The Island sought a clarification regarding the impending inquiry, at a media conference at the National Library on Tuesday (Sept. 12).

 Addressing the media and a group of civil society activists, Kodituwakku said that he wouldn’t give up but would instead take up the combined challenge posed by the executive, legislature and the judiciary.

summoned him on the basis of a complaint received from Justice Malalgoda, for what the Supreme Court called improper, insulting, intolerable, unbecoming and contemptuous conduct.

In summons issued on Aug 11, 2017 by the Registrar of the Supreme Court, M. M. Jayasekera, Kodituwakku has been told to show cause why he shouldn’t be suspended or removed from the Office of Attorney-at-Law in accordance with Section 42 (2) of the Judicature Act No 02 of 1978 read with the Supreme Court rules (Part Vll) of 1978 made in line with Article 136 of the Constitution.

Claiming that he had brought the situation in this country to the notice of the international community, Kodituwakku said that he wouldn’t even mind sacrificing his British citizenship to enter politics.

The 19th  Amendment to the Constitution introduced after the change of government in early 2015 barred dual citizens from contesting parliamentary or presidential polls.

Kodituwakku flayed the then President JR Jayewardene as well as the judiciary for paving the way for those who had been rejected by the people to enter parliament through the backdoor. Kodituwakku said that the corrupt practice had caused irreparable damage to the political culture of the country and caused a rapid deterioration of standards.

Kodituwakku alleged that he hadn’t been successful so far in getting the judiciary to revisit the circumstances under which the Supreme Court during Parinda Ranasinghe’s tenure as the Chief Justice accepted a request from Jayewardene seeking its determination on the constitutionality of a distorted 14A submitted in place of  the Parliamentary Select Committee (PSC)-approved 14A that made no reference to defeated candidates.

According to records available in Parliament, the 12-member PSC appointed on July 6, 1983 under the then Prime Minister Ranasinghe Premadasa’s leadership hadn’t recommended the appointment of those who were rejected by the electorate to parliament under any circumstances, Kodituwakku said.

Kodituwakku alleged that he had received death threats in the wake of him taking up issues that were conveniently ignored by others. The lawyer displayed a long list of MPs in the current parliament who had sold super luxury vehicles acquired on special duty free permits issued in early 2016. The lawyer also explained the circumstances under which President Maithripala Sirisena and his predecessor Mahinda Rajapaksa had bought super luxury vehicles on permits issued to MPs after the last parliamentary polls in Aug 2015.

Kodituwakku explained that far reaching constitutional amendments were required urgently, to transform the country. "It wouldn’t be an easy task," Kodituwakku said, declaring his readiness to take whatever risks to pursue his anti-corruption campaign. The lawyer underscored the pivotal importance of tough laws to rein in political parties, their members as well as the judiciary.

Kodituwakku said that he was awaiting a response from the Bar Association of Sri Lanka regarding an inquiry he made about lawyers subjected to disciplinary action.

The following are the constitutional amendments proposed by Kodituwakku. Responding to a query, the outspoken lawyer said that the judicial power of the people should be exercised by the judiciary. "I’m strongly opposed to the judicial power of the people being exercised by parliament through the judiciary." Kodituwakku urged political parties in parliament as well as the civil society to study his proposals.

Article 3  - Sovereignty is in the PEOPLE and is inalienable and includes the power of government, fundamental rights and franchise

Article 4 (c)  - The Judicial power of the people shall be exercised by the Judiciary

16 – The Right to Judicial review will be introduced and Supreme Court will be empowered to declare any law inconsistent with the Constitution

35 – Immunity afforded to the EXECUTIVE PRESIDENT will be completely removed

-          Treaty obligations – All treaties ratified by the Head of the State will be subjected to the approval by the Parliament 

-          Members in the Cabinet of Ministers will be limited to 12

-           The number of MPs will be reduced to 125

          Proportional Representation system will be removed

           Citizens will be empowered to RECALL their MPs for abuse of office

-          Transitional Provision  - All Judges in the Superior Court System shall cease to hold office from the date of the commencement of the Constitution

-          Constitutional Council shall consist of 10 members out of which 9 will be learned people with eminence and it will be chaired by the Speaker

-          There shall be a Governor appointed by the President on the recommendations made by the leaders of the political party representing the people in the parliament 

-          All appointments made by the Constitutional Council, including judges to the Superior Court System will take oath before the Governor

-          Urgent Bill provision will be removed

-          Citizens Right to challenge Fundamental Rights will be extended to 6 months

-          Judiciary  - Accountability criteria for the judiciary will be introduced

           No judge will be allowed to take up any appointment whether in the public or private sector after retirement

-          Promotions to entire Judicial Service will be strictly limited to Career judges and given purely on merit

-          Case Management system will come into force with mandatory compliance provisions guaranteeing speedy disposal of cases 

           The number of Judges in the Court of Appeal and the Supreme Court will be increased to 21 each

-          The Unlawful Court Vacation system will be removed

           Public Interest Disclosure Law will be introduced

-          The Provincial Council System will be abolished

-          The National List provision will be removed restoring due respect and regard to the people’s sovereign rights

-          Sweeping changes in the Political Party System

o   Sweeping changes to the Electioneering process will come into force

o   Banners and posters in public places will be absolutely prohibited

o   A4 size adverts only will be permitted for display within the premises of private properties

o   The use of public transport system for electioneering purposes will be absolutely prohibited

o   The entire campaign will be regulated by the Election Commission with fair time slots allocated to all candidates in the Electronic media

o   All parties will be required to declare election funds with their sources  

-          Political Party Leaders  - All political parties will be compelled to amend party constitutions introducing a democratic party leader selection process 

-          Foreign Service – will be strictly limited to career diplomats only

          Labour rights will be recognized with a chapter introduced in the Constitution under the fundamental rights chapter guaranteeing a minimum hourly rate, maximum hours of work per week, and a guaranteed holiday scheme 

-          There will be a sweeping changes introduced in the Education, Health, Transport and Social Security System

-          Pubic interest disclosure law will be introduced

-          No elected representative will be allowed to interfere with governance in any manner, the violation of which result in the removal of the MP from the parliament

-          There will be a liaison office attached to each Ministry to acknowledge complaints from MPs

-          There will be a regulatory authority introduced for the legal profession.

Globalisation Enter the Dragon!

2017-09-14

‘If you want to become rich, you will have to build the road first’, so goes the traditional Chinese saying. In other words, it is reference to the infrastructure development as the solid basis to propel or boost economic growth. In the analysis of things in this context, it became apparent that China, under its ambitious ‘Belt and Road Initiative’ (BRI) has stepped in to develop the Hambantota Port and the industrial park integrated with it.

It turned clear at a media programme organised on the BRI at Tsinghua University here in Beijing with the participation of over a dozen journalists from South and South-East Asian regions.
Hambantota Port, built with a multi-billion dollar loan from the Chinese government during the previous rule, has been leased out to China Merchants Port Holding Company in partnership with the Sri Lanka Ports Authority for development and commercial operation .

According to the leading Chinese academics attached to the School of Finance of this particular university headquartered in Beijing, the Hambantota Port is earmarked as a partially released infrastructure project under the BRI.

On the one hand, it links China with East Asia and Europe, and  on the other, the BRI links up China with South Asia, Middle East, South -East Asia. Sri Lanka is among the very first countries that pledged cooperation with the BRI

In fact, the BRI is a long term project that aims at integration of China with the rest of the world for improved and enhanced connectivity. It seeks to expand bilateral trade, policy communication, promotion of cooperation among emerging industries and people to people contacts etc. On the one hand, it links China with East Asia and Europe, and  on the other, the BRI links up China with South Asia, Middle East, South -East Asia.

Sri Lanka is among the very first countries that pledged cooperation with the BRI. That happened during the term of the last government that elevated bilateral relations with China to the level of Strategic Partnership Cooperation. After blowing hot and cold, the new government also threw its weight behind the project seen as the next phase of economic globalisation. In fact, Prime Minister Ranil Wickremesinghe signed the official document along with the leaders of other countries involved in the project at the summit on BRI in China, last year.

The globalisation, marked by cross border exchanges during its heyday, passed two main phases namely the rule-based system and the inclusiveness-based system. It has now entered the next level with the implementation of BRI. Hambantota Port Project has been implemented well in line with this concept.

For the expansion of trade, China has laid down plans. China opened up for market economy in 1978 under its leader Deng Xiaoping. Initially, it, as outlined by the Chinese dons, developed the coastal areas of the country in terms of industrialization. Reforms were introduced in the financial sector to facilitate the growth, and for over 30 years, the country sustained sound growth rates, on most occasions , at double digit levels.


After becoming a moderately prosperous country that even withstood the international financial crisis in 2009, China is now set to expand its global trade complement to reach the next level of development. It is today the largest international trade economy. So, the academics said reforms introduced at that time are extended to the next level under the leadership of current President Xi Jinping by opening up more and more to the global market.

Hambantota Port is earmarked as a partially released infrastructure project under the BRI China signed local currency swap agreements with 36 Central Banks RMB still accounts for 2% of world trade Sri Lanka also contributed to the initial capital.

They say China also views globalisation as something offering both opportunities and risks. Among them is opposition to openness and advocation of protectionism in countries that are party to the BRI.
As far as the Hambantota Port in Sri Lanka is concerned, there is protest over the leasing out of a strategic asset. However, it is not yet clear whether these academics took note of this trend in Sri Lanka when they formulate their thoughts for lectures. Investment in Hambantota is only a small one compared with the massive amount of money put on the ground by China under the BRI .
Will RMB replace US$ as currency of international trade with BRI countries?

The answer is definitely going to be yes in this instance. Already, plans are underway for the internationalisation of Reminbi (RMB - the official currency of the People’s Republic of China) along with the execution of the BRI. According to Dr. Zheng Xuechun of People’s Bank of China, the developing and emerging economies suffer due to fluctuation of US$ at times, causing transaction costs for those countries involved in international trade.

As part of the internationalisation of RMB, China signed local currency swap agreements with 36 Central Banks. Besides, it signed currency settlement agreements with nine countries. Sri Lanka also signed such an agreement with China in 2014 for 10 million RMB. Dr. Zheng said the internationalisation of RMB is still at an early stage, though.

China signed local currency swap agreements with 36 Central Banks. Besides, it signed currency settlement agreements with nine countries. Sri Lanka also signed such an agreement with China in 2014 for 10 million RMB

In another instance, it was cited how rubber trade between China and Malaysia was hit by the fluctuation of the value of US$ on one occasion in the past. The Chinese authorities ask as to why bilateral trade should suffer due to such fluctuations of US currency. Be that as it may, RMB still accounts for two percent of world trade.

As part of this exercise in seeking financial integration, China is to issue more and more RMB Bonds in its territory for the BRI countries. Already, Beijing-based Asian Infrastructure Investment Bank, an inter governmental and multilateral development organisation, has issued 1.7 billion US$ as loans for nine projects in the region. Sri Lanka also contributed to the initial capital. Its capital accounts of 100 billion US$.

In the implementations of economic development plans under the BRI, the Chinese scholars said the time was ripe for reconsideration of international conventions to facilitate the fulfilment of current global trends.

More US military assistance to Sri Lanka

MARCH 30, 2016 - A MEMBER OF FLEET ANTI-TERRORISM SECURITY TEAM COMPANY PACIFIC, INSTRUCTS PROPER USE OF THE M240G MACHINE-GUN TO SRI LANKAN COUNTERPART DURING A BILATERAL TRAINING BETWEEN U.S. AND SRI LANKA MARINES - WELISARA NAVY BASE, SRI LANKA (US NAVY PHOTO)

BY ATHULA VITHANAGE-13 SEPTEMBER 2017

US has increased its military assistance to Sri Lanka despite the island nation government not delivering its commitments on war crimes justice.

A US committee that scrutinize funds to foreign nations heard that military to military assistance to Sri Lanka has 'expanded slowly and incrementally'.

ALICE G. WELLS

Acting Assistant Secretary of State, Alice Wells told The House Foreign Affairs Committee that Sri Lanka government’s "commitment to a reform agenda has prompted growing interest in expanding engagement with the U.S., including in military-to-military relations".

While the assistance secretary of state was pleased about Sri Lanka's progress on reform, human rights watchdogs alongside the UN have raised concern about ongoing human rights violations against Tamils, including abduction, torture and sexual violence.

Sri Lanka accused of war crimes committed itself to establish a transitional justice mechanism and prevent the recurrence of the violence and abuses in a resolution unanimously adopted by the United Nations Human Rights Commission (UNHRC) in 2015 and the timeframe to deliver was extended by another two years in March 2017.

Specific steps towards reform

Assistant Secretary Wells was proposing to spend 3.4 million dollars in the coming year on Sri Lanka that would focus on "strong support for security cooperation and enhanced strategic trade controls".

The funds were sought out even though the Sri Lanka government has not taken the specific steps for transitional justice that the assistant secretary highlighted in her submission to the committee.

"Specific steps include constitutional reform devolving more administrative power from the central government to Sri Lanka’s regions, the replacement of the Prevention of Terrorism Act (PTA) with a law that meets international standards of fairness and due process, the return of land seized by the military during the war, and the establishment of transitional justice mechanisms such as the Office of Missing Persons (OMP), a truth and reconciliation commission, an office for reparations, and a credible mechanism to investigate and prosecute alleged war crimes," said Alice Wells.

The only mechanism made into law is the OMP, which is yet to become operational since its passage through parliament more than a year ago.

Sri Lanka President Maithripala Sirisena has declared that constitutional reforms will be a priority over transitional justice.

Leading international rights watchdogs have expressed their frustration over the lack of progress on both the constitutional reforms and the transitional justice mechanism.

Increased training

Meanwhile, the US and Sri Lankan  navy divers concluded a Subject Matter Expert Exchange (SMEE) on US Naval Base Guam in August. The five day training session was conducted 'in preparation for the upcoming Cooperation Afloat Readiness and Training (CARAT) Sri Lanka exercise later this summer', said a report published on the US Navy website.

AUGUST 15, 2017 - A SRI LANKA NAVY (SLN) DIVER ENTERS THE WATER FOR A SURFACE-SUPPLIED DIVE DURING A DIVING SUBJECT MATTER EXPERT EXCHANGE (SMEE) WITH US NAVY DIVERS FROM MOBILE DIVING SALVAGE UNIT ONE (MDSU 1) AT NAVAL BASE GUAM. (US NAVY PHOTO)

The bi-lateral  training programme has taken place as both governments have revealed their plans to renew the controversial military logistical agreement for another 10 years period. The two countries entered into an Acquisition and Cross Servicing Agreement (ACSA) in March 2007, which is primarily designed to 'benefit the interest of DoD forward deployed commands and forces' according to official website of the US Department of Defence (DoD).

Addressing the Indo-Pacific Regional Architecture Indian Ocean Conference in  Colombo, on 1st September, Acting Secretary of State for South and Central Asian Affairs Alice G Wells announced that first ever joint US-Sri Lanka naval exercise is planned to kick off in October at the eastern port city of Trincomalee.

"Through joint capacity building and exercises, we can share the security burden in this increasingly complex region”, Wells said.

CARAT is an annual, ten-country bilateral naval exercise series between the United States and Bangladesh, Brunei, Cambodia, Indonesia, Malaysia, Singapore, the Philippines, Sri Lanka, Thailand, and Timor Leste, designed mainly to enhance maritime security skills and operational cohesiveness of the US Navy.

No smoke without fire!

Tuesday, 12 September 2017

Sri Lanka’s tax net presents loopholes which are duly exploited for their benefit by various elements of the public, but its ineptitude is also due to the lack of awareness and administration muscle by enforcement agencies, sometimes mulled by political interfering. Despite the budget deficit narrowing to 5.4% in 2016, a gap of Rs. 640 billion – largely financed by foreign borrowings – only serves to hamper our development prospects. Whilst Government and Treasury officials need no sermons on how to restructure or overcome the external debt situation, it could still use some insights on improving domestic production and plugging holes in its basket of revenues. 

One aspect that the exchequer must seriously consider is more stringent targeted financing schemes for business; one that would not help fuel the consumption mindset of our aspiring public. The automobile sector also provides ample opportunities for improvement in foreign exchange loss and money laundering. A recent article by a retired senior SLAS official put the annual cost figure on luxury vehicles imports into the country close to $ 3 billion, which is phenomenal.

It is also timely to reconsider and review some of the unwarranted benefits that have been handed down to industry and trade – largely for political gain. These have only contributed towards growing Government expenditure and a welfare mindset amongst the public that has spiralled out of control. The need of the hour is a tight set of policy, effectively communicated to procure the political will and power for implementation over a considerable period of time.

The growth and development we espouse and supplementary policy must be reflected in every sector, in the both formal and informal economies and permeate to the traditional sectors too. There are many industries that exploit loopholes in the system under the guise of cottage industries, assisted by the lack of knowledge amongst officials, criminal elements and political privilege. The loss and impact to Government and public health from the beedi trade sets a prime example; having observed its unabated growth during our research visits island wide.

Official statistics still place island wide beedi consumption at less than two billion sticks annually, but based on conservative ground estimates the real figure is well over four billion. In Polonnaruwa, a bundle of 25 sticks cost just Rs. 90 with shop keepers reporting over half of daily tobacco sales being beedi for popular brands such as PS and RK. The longer in length PS brand retails for just Rs. 3.50 a stick, whilst others like RK, Nile, Seyyadu Lalana and more retailed for Rs. 5.00 in varying bundles.

This indicates the lack of regulation, standards, or a pricing mechanism and thereby the absence of a system of tax or meaningful data collection. The customary calculation of beedi production via Tendu leaf imports is archaic and irrelevant, as the market has long moved on to other alternatives.

As alluded before in a previous report, in Kegalle we observed over 200 families in a village of 350 rolling beedis for livelihoods; they alone generated an estimated 5 million sticks a month earning on average Rs. 600 a day per 1,000 sticks. In Pettah – the heart of Colombo city – low-income families earned Rs. 80 for labelling and bundling 1,000 sticks for a daily target of 10,000. At 100 families that’s a minimum of 1 million sticks ready for market daily – from Gunasinghpura in Colombo.

Once again, conservative estimates put the annual loss to Government revenue from the beedi trade at over Rs. 9 billion that’s over 1.5%o of our budget deficit for last year. This does not factor health costs and impact on society by criminal and other unlawful elements. There are a number industries and trade that must be brought within the formal sector, for better regulation, revenue, public health and safety.

Once again, this requires an open, meaningful forthright research and dialogue that will consider existing ground realities with a view for the future, whilst governments find the political will and courage to see through their implementation. Even in the case of beedi, some of these producers are directly linked to powerful political elements, and it is time that the state leadership consider the future of the nation and its people over the profit and gain of a connected few.

By reigning in these informal sectors through a cohesive and effective program of implementation, the Government will be well on course to erase its deficit; but it needs to be tactful and firm with the implementation of policy. Our policies need to be all-encompassing, pragmatic and enduring; they need to move away from serving romantic welfare mindsets.

Effective policy needs to be backed by communication; educate and explain to our people what such policy entails and how it will benefit our future generations. In my opinion, the Malaysian model from 1983 presents some sound examples, and Sri Lanka is in dire need of some Mahathir-type policies and actions to get it right.

(The writer is a researcher and analyst engaged in ethnographical research into Social and Economic behaviour in Sri Lanka and South Asia. She can be reached at ferni.wickramasinghe@gmail.com.)

Rajitha, SB, Kiriella might be SAITM shareholders - Voice Against Corruption

September 13, 2017

Convener of the Voice Against Corruption Organization, Wasantha Samarasinghe stated that there was reason to suspect that Ministers Rajitha Senaratne, S. B. Dissanayake, and Lakshman Kiriella were shareholders of SAITM.

He stated this upon attending a media briefing of the Anti-Corruption Voice today (13).

The Convener questioned as to whether money had been credited to Dr. Neville Fernando’s private account based on a Letter of Intent without signing a proper agreement, owing to such a relationship.

He accused that this group of ministers was paying Dr. Neville Fernando via the bank “like racketeers”, after which they paid the bank installment and overdraft, and that a fraudulent deal was in place to use the public’s funds to maintain the hospital for 10 years, and then still pay Dr. Fernando Rs. 3 billion as rent at the end of it.

He accordingly proceeded to urge the Prime Minister not to protect the SAITM institution “as he protects the treasury bond thieves”.

“The game of defrauding the people’s money must be stopped immediately’, Samarasinghe said.

Samarasinghe claimed that of the Rs. 2466 million obtained by Dr. Neville Fernando, only Rs. 500 million had been paid back since 2011, and even that was being paid off as a loan. He accordingly claimed that there was currently a deficit of Rs. 2265 which was being paid off by misusing public funds.

Bond Scam: Arjun Aloysius Won’t Give Evidence

Arjun Aloysius

SEPTEMBER 13, 2017

In a lengthy order the Bond Commission today said that the Commission cannot compel Arjun Aloysius to give evidence, if he is unwilling to do so, although his evidence is required to ascertain the truth.

Earlier, Gamini Marapana the brother of Thilak Marapana made a submission saying that Aloysius is implicated and as such an accused cannot be compelled to give evidence against himself.Chairman K. T Chirthrasiri reading out the order which laster close to 20 minutes said that the principles of natural justice and others which protect the right of those “implicated” prevail over the need to ascertain the truth.

The Commission agreed with Marapana’s submission but went onto list down reasons as to why Aloysius must give evidence.

Among them were his insider dealings, who his friends in “high places were”, his relationship with Ravi Karunanayake, his threatening of witnesses were cited.

However, the Commission said that they cannot force Aloysius to give evidence as he is quite rightly implicated in the scam.

Following the order Marapanan said that his client was not willing to give evidence. Justice Prasanna Jayawardena then told Marapana to re-think the decision and convey the decision to the Commission tomorrow.

Aloysius was present at the Commission today.

Read More

IGP is above the police commission?

Sep 13, 2017

 The police commission appointed SSP Shani Abeysekara as new director of the CID, but IGP Pujith Jayasundara is still keeping Abeysekara’s predecessor DIG B.R.S.R. Nagahamulla in the CID without transferring him to another division, reports say.

Nagahamulla is unlikely to leave the CID, although it is said the new DIGs will be given appointments once their acclimatization course is over. Nagahamulla as well as Ravi Peiris, Janaka Gunatilake, Jagath Palihakkara, Chula de Silva, M.A.E. Mahendra, S.C. Galappatti and J.T. Priyalal were given this course for the past one week or so at public expense. They showed their acclimatization to the new ranking by attempting to throw a party for Supreme Court judges. Lanka News Web published a related article under the title ‘DIGs in trouble over party for judges.’

The IGP does what he wants, not what the commission recommends. Until now, a senior DIG was in charge of the CID and a SSP as its director, followed by a deputy director, OICs and investigating officers. The IGP has forced Nagahamulla into their midst in order to sabotage the new director’s activities after failing in his attempt to prevent Abeysekara’s appointment.

Jayasundara also curtailed the powers of the FCID by promoting its director to a DIG and giving him a transfer.

All these show that the incumbent IGP has not acclimatized to his position. He might not have had the opportunity to learn that due to the fact that the police had no officer superior to him. Now, what the police commission should do is to give an acclimatization course for Jayasundara.

The Abortion Debate: The Absence of Questions 

Featured image (modified) courtesy Wesley Fryer

SANJIT DIAS on 09/13/2017

The government of Sri Lanka recently announced plans to widen the scope of the law on abortion.  This initiative was subsequently put on hold because of strong opposition from religious leaders and groups in the country. As this has raised a lot of controversy, particularly on social media, I thought I would share some of my thoughts on the subject, which will hopefully show that there are some serious questions we must answer as a society before making such a decision.

Disclaimer

I think it’s only fair that I start by letting people know what my own convictions on the subject are. As a Christian, I believe very strongly that all life is sacred, regardless of the origin or the quality of that life. We are all made in the image of God, and that alone merits protection. I believe that the process of life begins at conception (and there is scientific evidence to suggest that from the moment of fertilisation, the human embryo is a distinct organism) and abortion therefore, is a form of killing. However, not all killing is illegal in our society, or even morally repugnant (think self-defence). Despite my religious convictions, I do not think that we need to resort to arguments based on religion to raise concerns about abortion.

I must also concede that as a man, I will never understand what it means to be born a woman into a patriarchal society, and to live in a culture of misogynistic control. I do not experience the daily struggle of street harassment, the domestic violence in which women are the primary victims, or the work environments in which women are constantly forced to work harder than their male counterparts in order to establish themselves. I will also never know the shame and fear of conceiving a child out of marriage in our society, or the dire prospect of raising a child in poverty, or as a single parent.

If experience is the license to speak, I concede that I am ill-suited to do so. I have no answers, only questions; but I am worried about the absence of questions in relation to abortion. I am confident that I will be misunderstood, but I feel this issue is serious enough to take that risk.

Right to be heard

An initial argument in the discourse on social media, is that people who are not affected (i.e. men) are not entitled to an opinion on abortion (unless they are in support of it). Pregnancy and abortion are indeed issues that specifically affect women, but this alone does not make abortion a women’s issue. Single people and couples that choose not to have children are entitled to have an opinion on children’s and parental rights, and on education policy; to suggest otherwise would be ridiculous. Similarly, abortion is a social issue, one which engages our very notions of what it means to be human. I think therefore, that everyone in society has a right to be heard, and that society as a whole must reflect deeply on the implications of legalised abortion on our collective morality. 

The change to the law

At present, abortion is only permitted on the grounds of danger to the mother’s life (a proposition similar to self-defence). The government has proposed extending these to two new grounds – where the pregnancy is caused by rape, and where the foetus is diagnosed with conditions that would seriously reduce quality of life, or result in infant mortality. Both grounds raise some concerns.

The child conceived in rape bears no guilt or liability for the circumstances of her/his birth, nor does the child born with a serious disability. But neither does the mother, and one cannot begin to imagine the trauma experienced by a woman who finds herself in this situation. As a society that shares the general conviction that life is precious, but also one that understands the importance of choice, how do we reconcile these two conflicting value claims?

What does it say about our society, if we normalise the idea that a short life, or a life of suffering, is not worth creating at all? I sense that the illustration of suicide will resonate with most people; most would agree that suicide is not the way out of difficulties in life, and that society should create support systems to prevent this (indeed, such systems already exist in Sri Lanka). On the one hand, I recognise that groups that claim to be ‘pro-life’ are often hypocritical – hands-on until the child is born, but hands-off thereafter. On the other, I know of a local couple that offered to support a prospective single mother financially; because of this support, she opted to keep the child rather than resort to abortion. Can we not find creative ways to harness these sentiments and lobby government in order to create structures that give the woman more choice?

In relation to foetuses diagnosed with disabilities (and no doubt, which conditions qualify for abortion will be specified in the law), are we saying that persons with disabilities are better off not being born? What will this do to our attitude towards persons with disabilities who are brought into this world? What happens to the relationship between parents and their future child when they are able to have a conversation about whether they may or may not abort the foetus (perhaps they are denied)?

In this situation, the extension of abortion is being considered for only two additional grounds. It cannot therefore represent an empowerment of women, or the recognition of a woman’s control over her body. On the contrary, it is society sending the message that it is acceptable not to want to bring such children into this world – a damning indictment on us all.

Effects of legalisation

We must also consider that the law has both a coercive force and a normative impact. Legalising abortion would therefore mean that many people who might not consider abortion in status quo (because it is illegal) will be pressured to consider it simply because it has been made legal. That is the law’s coercive force.  But legalising abortion also legitimises it – this is its normative impact. This means that society will be normalised into thinking that abortion is the best solution to an unwanted pregnancy.

There are at least two other choices – to raise the child, or give her/him for adoption. If we are a society that seriously respects choice, then we cannot only legitimise the one choice, because doing so will make it harder for women to make the other choices, perhaps even the harder choice. And because abortion has the attraction of being a quick fix – at least from the male’s point of view – relegating that decision to the private sphere may not empower women, and may only subject them to the further control of the men in their lives. In a nutshell, where a woman wants to keep the child, she is likely to face more pressure to have an abortion if it is legal, than she would in status quo.

If the government is considering extending the legal grounds for abortion, it must at the very least consider schemes that support the other choices also – perhaps more enabling mechanisms for adoption, or financial support for single mothers in these circumstances.

Concluding thoughts

The discourse on abortion also seems to suggest that the problems end with the termination of the pregnancy. However, studies demonstrate that women often have to deal with serious psychological conditions, post-abortion.  Any system that considers legalising abortion must also take this into account. If at all, it should be one that presents the woman with the range of choices before her, and gives her full information and time to make her choice. And if she chooses to go through with the abortion, she must be given the support she needs to recover from the process.

I believe strongly that human life is sacred, but I also believe that people must be given meaningful choice, and the freedom to exercise it. Any discussion that makes light of the significance of legalising abortion ignores this, and must be resisted.

For a counterpoint to this article, read “The Abortion Debate: Mismatched and misplaced?“