Evicted Sri Lankan Muslims still displaced in camps in Colombo seek housing, relief 



Wed, Jun 6, 2018, 08:22 pm SL Time, ColomboPage News Desk, Sri Lanka.


June 06, Colombo: Muslim families, who were evicted by the LTTE from Jaffna region in 1990 and living in a camp that borders Colombo 28 years after their initial displacement, met with the Minister of Industry and Commerce and Vanni district MP Rishad Bathiudeen recently.


A shocking number of displaced Muslim families are still living in a highly unsanitary camp at Crow Island, Mutwal (Mattakkuliya) met Minister Bathiudeen when he visited the IDP camp on the afternoon of 4 June.

"Every year our religious fasting season arrives, giving us hopes but then it ends with sadness. We continue to helplessly witness it from this camp but there is no end to our suffering," said NM Haniffa, a resident of the Displaced Northern Muslim�s camp in Mutwal.

Haniffa is one resident, a head of a family at the Displaced Northern Muslim�s camp at Crow Island, Mutwal (Mattakkuliya). With his family are another 117 displaced Muslim families from Jaffna, Mannar and Batticaloa, packed to the crowded, muddy hell of a Crow Island compound, a former school building which was also inundated during the 2004 Tsunami - along with the refugees. The total number of displaced persons in this camp has now grown to 560.

Minister Bathiudeen has already committed himself to the relief work of Northern Muslim IDPs.

"Next year we will complete 29th year of our displacement, as well as our life in this camp. To-date no political representative nor officials have come to meet us to inquire into our plight. Therefore we are thankful that you visited us finally. We also face serious health issues and illnesses due to lack of housing, sanitation facilities, and lack of toilets," said Haniffa.

He added that each family received Rs 1230 monthly subsistence stipend and it was discontinued after 2004. "We have lost all our properties in Jaffna, Mannar and Batticaloa- and there is no way to return and reclaim them since we do not have much proof or livelihood opportunities there. We request housing facilities for us here."

Minister Bathiudeen informed the IDPS that he understood their suffering and promised to take measures to provide a permanent solution.

"I and my family too were evicted from the Northern Province in 1990 and I can understand what you face. I shall discuss your housing and sanitary issues immediately with our Housing Minister Sajith Premadasa. I shall also discuss with officials for a relief package."

Among the 24,000 Northern Muslim families expelled overnight from their traditional homes on 1990 October 30 by the LTTE was the eight-member family of Minister Rishad Bathiudeen.

More on ‘Constituting Buddhism in 1972’ Who erred; Sirimavo or Colvin?

 

2018-06-07

I thank Dr. Nihal Jayawickrama for his educative and comprehensive observations on May 25, in response to my article of May 22 titled, ‘From Dominion Status to Sovereign Sri Lanka’appeared on Republican Day. Dr. Jayawickrama says,

• Sirimavo, not Dr. Colvin who gave “Buddhism the Foremost Place” in the 1972 Constitution
• Sirimavo made no reference whatsoever to the Kandyan Convention
• Considerable demand in the country for Buddhism as a State religion

 “…K.K.S. Perera’s article headlined “From Dominion Status to Sovereign Sri Lanka” published on May 22 appears to contain an inaccurate statement regarding the provision relating to Buddhism in the 1972 Constitution. I refer in particular to the statement: “In 1972, PM Sirimavo Bandaranaike being mindful of Article 5 of the 1815 Kandyan Convention, had directed Dr. Colvin R. de Silva to provide the ‘foremost place’ to Buddhism.” In all the discussions I had with Sirimavo Bandaranaike on matters relating to the proposed Constitution, she made no reference whatsoever to the Kandyan Convention. Nor did she do in the Committee of the Constituent Assembly that considered the issue of Buddhism, which included among its members both Dr. Colvin R. de Silva and Dudley Senanayake. The Kandyan Convention was invoked in that committee by the Mahanayake Theras of the Malwatta and Asgiriya Chapters …Their submissions were rejected by the committee which incidentally was chaired by Sirimavo Bandaranaike. …In December 1970, the Premier drew the attention of the Constitutional Affairs Minister to the summary of representations received by his ministry from the public which indicated that there “appears to be considerable demand in the country for Buddhism as a State religion and for the protection of its institutions and traditional places of worship.…” 

Buddhism was the State Religion and had been afforded the Foremost Place and the famous Kandyan Convention of 1815 had provided in its Article 5 that the Buddhist religion shall be held inviolable

On March 11, 2011, a Special Correspondent in ‘The Island’ writing under, ‘Who provided”Buddhism the Foremost Place” in Sri Lanka’s Constitution?’, says, I quote,
“…At the well-attended launch of his text on Buddhist Ecclesiastical Law at the PIM on February 15, 2011 …, Dr. Weerasooria said that he had been told and he has so recorded in his text that it was the then Prime Minister Sirimavo Bandaranaike and not Dr. Colvin R. de Silva who gave “Buddhism the Foremost Place” in the 1972 Constitution.

Interestingly, many people wonder why Dr. Colvin, an ardent Marxist, who was responsible for the first 1972 Republican Constitution provided the “Foremost Place” to Buddhism in its Sixth Article: See [29.3]. This Article was followed in the 1978 Constitution. When writing this text, this author was reliably informed of the true background and so records it here.

Dr. Weerasooria said that the Principal Law officers of the State in 1972 were Victor Tennekoon - the Attorney-General and Rajah Wanasundera - Solicitor General. Rajah Wanasundera (later an Attorney General and Supreme Court Judge) had told him that it was Sirimavo Bandaranaike that had wanted a Constitutional provisions giving “Buddhism the Foremost Place” provided in the 1972 Constitution and that Dr. Colvin had no option but to insert it.
He also said that until the cession of the Kandyan Kingdom to the British in 1815, Buddhism was the State Religion and had been afforded the Foremost Place and the famous Kandyan Convention of 1815 had provided in its Article 5 that “the Buddhist religion shall be held inviolable” and that all that Sirimavo Bandaranaike did in the 1972 Constitution was to incorporate that same recognition.
SG Wanasundera was also one of the Guests of Honour at this book launch and was on the podium when Dr. Weerasooria made these submissions to the audience….” Unquote. 

‘Buddhist Ecclesiastical Law’, a colossal 850-page text authored by the well-known lawyer, diplomat and legal academic, Dr. Wickrema Weerasooria was launched on February 15, 2011, at the Postgraduate Institute of Management. The text provides a comprehensive coverage of the subject of Buddhist Law in Sri Lanka and as an English text it is considered a ‘global first. The writer recorded the relevant passage 20:23 A from Chapter 29, which reads as…. 
….Chapter 29 --How the “foremost place” for Buddhism was put in 1972 Constitution

“In 1972, PM Sirimavo Bandaranaike being mindful of Article 5 of the 1815 Kandyan Convention, had directed Dr. Colvin R. de Silva to provide the ‘foremost place’ to Buddhism

[20:23 A]--“It was done on the initiative of the then Prime Minister Sirimavo Bandaranaike. When discussing the provisions for the 1972 Constitution with the State’s Principal Law officers, Attorney General Victor Tennekoon and Solicitor General Rajah Wanasundera, the Premier, mindful of Article 5 of the Kandyan Convention, had requested the Law Officers to draft an appropriate clause and had then directed Dr. Colvin to incorporate it in the new Constitution. He had no option but to do so. However, in his inimitable manner, he had quipped “she is thrusting the Kandyan Throne into our Constitution”.-- page: 791

In an authoritative account titled, ‘Reflections on the Making and Content of the 1972 Constitution: An Insider’s Perspective’- Nihal Jayawickrama: Centre for Policy Alternatives - (2012), the author affirms Dr. Weerasooriya’s position on involvement of Attorney General Victor Tennekoon and Solicitor General Rajah Wanasundera on the role they played in convincing the Prime Minister on necessary amendments to draft prepared by Dr. Colvin. [the author himself, a Prime Minister’s confidante who assumed Justice Ministry’s Permanent Secretary position at the age of 32 in1970, was also a member of the committee that drafted it]. The author says, I quote, 

“…In late November 1970, I wrote a confidential letter to the Prime Minister expressing my concerns. In it, I stated, inter alia, “The Constitution, unlike any other law, is expected to survive the lifetime of many generations and the vicissitudes of political thought.

It must therefore be a Constitution of the People in which and through which their basic rights which are not delegated to their representatives are protected and preserved. It should be possible for a parliamentarian of today, if he were to find himself a private citizen two years hence, to be able to say that the Constitution affords him the same protection which he received from it in the days when he ruled under it. I am sorry to say that in my view, the Basic Resolutions envisage the creation of a very rigid Constitution of People’s Representatives which will afford them absolute protection while they continue to wield absolute power. To me, this is a frightening prospect.” To this letter I attached my detailed comments on the draft basic resolutions and my suggestions for their amendment. The Prime Minister responded immediately. She asked me to convene a meeting with the Attorney General, Victor Tennekoon Q.C., on the following morning, December 1, 1970, at Temple Trees. At that meeting, which was also attended by Rajah Wanasundera and Noel Tittewela from the Attorney-General’s Department…” unquote. 

The Constitution, unlike any other law, is expected to survive the lifetime of many generations and the vicissitudes of political thought

PM’s letter to Dr. Colvin; dated December 9, 1970
Dr. Jayawickrama further says, “…Finally, she requested the Attorney General and me to prepare a draft letter setting out her views, as made known to us, which she wished to address to the Minister of Constitutional Affairs.” 

Extracts from the letter, “…I have glanced through a summary of representations received by your Ministry from the public. I find from these and other sources that there appears to be a considerable demand in the Country for Buddhism as a State Religion, and for the protection of its institutions and traditional places of worship.

Some provision will have to be made in the new Constitution regarding these matters without, at the same time, derogating from the freedom of worship that should be guaranteed to other religions…” 

Writer’s experience

In late 1970s, I got an opportunity to attend a panel discussion organized by a Tamil political movement based in Colombo, and held at Ramakrishna Hall, Wellawatte on a topic related to Constitutions of Sri Lanka and minority rights. Apart from the two main panelists, J.R. Jayewardene and Dr. Colvin R. de Silva, there were either Amirthalingam or Sivasittamparam representing the Federal Party and a Muslim Politician from the East. Colvin answering a question from audience on inclusion of special place for Buddhism, spoke about a letter he had received from his PM as head of the committee and Minister of Constitutional Affairs. She had indirectly hinted on the importance of incorporating ‘Foremost place’ in the new draft and Colvin instead of making a formal reply, had either met the PM or phoned her to persuade her on the unsuitability of such a clause in the light of section on equal rights for all citizens guaranteed in it. 

Then she had quoted the two Chief Prelates of Siyam Maha Nikaya, who enlightened her through an emissary, how a Colonial Governor on his own included the Article 5 in Kandyan Convention in 1815 giving foremost place for Buddhism. She had even inquired Colvin for the Governor’s name. On being told that it was Robert Brownrigg, the same man who ordered, ‘Slaughter every man, woman, and child’ during Uva-Wellassa uprising three years later, she had responded, “But, Colvin, Brownrigg had no difficulty in granting it; you, being a Sinhala-Buddhist is making an issue of it. [Something to that effect: the writer cannot recollect the exact words the PM had spoken]. Winding up his reply to the audience Colvin said, “she was thrusting the Kandyan Throne into our Constitution” 

What exactly they propose, intend to effect or their ‘visions’, the Heads of State in most instances would refrain from using the official channels, Cabinet meetings, exchange of notes and memorandums, instead they usually convey the idea to a minister over a casual chat or through a third party loyal to them and who is within the inner circle [Kitchen Cabinet], which invariably leads to contradictions in official position and the truth.   

Fresh impetus for Unity Government

Thursday, June 7, 2018

It must be cause for comfort, indeed, for all those who worked towards the January 8 revolution, with Prime Minister Ranil Wickremesinghe pledging to continue with the Unity Government for the rest of its term. Addressing an Ifthar breakfast ceremony at Temple Trees on Tuesday, the Premier, while admitting that there were issues to be resolved with President Maithripala Sirisena, nevertheless, pledged to continue with the present arrangement until the life of the current parliament runs out in August 2020, to realise the pledges given to the people at the last Presidential and Parliamentary elections. “We will perform our duties with the support of all constituent members of the National Government and the people of all races and religions,” an English daily quoted the PM as having said.

True, relations between the two constituent parties of the Unity Government is not what it was at the beginning of honeymoon period. At the time, both parties were getting on like a house on fire, with President Sirisena even attending UNP functions held at Sirikotha, the first time a SLFP leader had done so since S.W.R.D. Bandaranaike left the Greens in 1951. There was also much camaraderie between members of both sides, with SLFP ministers even defending the UNP actions, in parliament against the criticisms of the Joint Opposition.

However, with the passage of time, relations soured, chiefly due to the policy differences between the parties, with the SLFP not seeing eye to eye with the UNP's way of doing things and went public with their opposition. Things came to a head with the bond issue, with both sides pointing fingers at each other. The February 10 Local Government election results exacerbated matters that eventually led to 16 SLFP ministers and state/deputy ministers leaving the government, following the abortive No Confidence Motion against Premier Wickremesinghe.

Without doubt, all those who put their shoulders to the wheel to bring to fruition the late Ven. Maduluwave Sobitha thera's efforts to rid the country of the authoritarian regime of Mahinda Rajapaksa will welcome the sentiments expressed by the Prime Minister. For all the recriminations, even the President, from all appearances, has not shown any signs of parting ways, which augurs well for the country. With another two years for the completion of its term, the Unity Government cannot at this point of time afford to jettison all it has worked for, to put the country back on track.

There are many achievements for which the Unity Government can be proud of. It has settled much of the mountainous foreign debts accumulated under the Rajapaksas, to make the country a debt free one for the future generations. Development work is going on apace though not manifested clearly to the public. However, its major achievement, without doubt, is the restoration of the lost rights of the people under an autocratic regime. There is an air of freedom and a sense of independence collectively enjoyed by the people today. The judiciary is no longer under the thumb of the executive, as in the past, and the Prime Minister no less appeared before a Presidential Commission at a time relations between the President and the PM were very much on the level. On all fronts, there is a sense of freedom, justice and fair play which, alas, the people are yet to fully appreciate.

Besides, there is much to be achieved in the remainder of the period of the Unity Government. Hence, the importance of maintaining the status quo. Like the Premier indicated, much of the pledges have to be fulfilled during a short period. On the reconciliation front, some advances have been made, though, things are moving at snail's pace at present. With a joint UNP-SLFP government in place, it will present an ideal opportunity for the national question to be resolved collectively, by both parties, who did not see eye to eye on the ethnic question in the past.

The exit of the 16 SLFP members from the government also augurs well for a smooth run for the President and the Prime Minister in attaining their objectives. It was no secret that it is the renegades who were the main stumbling block towards success of the present arrangement with their loyalties clearly with the Rajapaksa camp. Their departure, certainly, would clear the decks for the President and the PM to continue with the task at hand unhindered.

Time, though, is running out and the duo should get about the business of working towards honouring the pledges made to the public without delay. There is much frustration among the public at the failure to punish the crooks of the last government. With the special courts now all set to function, it is hoped that things would get moving at a faster pace and all those responsible made to pay.

All efforts, in the meantime, should be diverted to ease the living costs of the people, taking into consideration the disenchantment that was given expression to, on Feb 10. Ideally, a road map should be set for the next two years through which the Unity Government could aspire to reach its targets.

The PTL list is a distraction; lest we forget Mahendran

 JUN 07 2018

While the curious case of the 118 parliamentarians and similar socially responsible individuals who have received monetary benefit from the now accused Perpetual Treasuries Pvt. Ltd and its associated companies continues to make headlines and raise the heads of quite a few, the country is seemingly forgetting the fact that one of the perpetrators of the Central Bank scandal is still at large, evading authorities both locally and internationally.

Yes, lest you have forgotten, we would like to remind you, that the former Central Bank Governor, Arjuna Mahendran remains unaccounted for.

It was last January, when the report of the Presidential Commission of Inquiry on the controversial issuance of Treasury Bonds was publicized - partially, as we learn now - found Mahendran responsible for causing a loss of
Rs 11,145 million to public institutions.  Subsequently, in March when the case against the scandal commenced at the Colombo Fort Magistrate’s Court, an arrest warrant was issued against Mahendran on charges of criminal breach of trust for allegedly providing confidential information of the Central Bank of Sri Lanka to Perpetual Treasuries Limited, a primary dealer connected to and owned by his son-in-law Arjun Aloysius who was arrested on 4 February 2018 along with Kasun Palisena, who was the beneficial owner of Perpetual Treasuries Limited. Mahendran, as expected by many, has not surrendered to the authorities and continues to abscond.

As of now, investigations led by the Singaporean authorities are underway to find Mahendran, who was reportedly spotted in the downtown areas of Singapore. Once the arrest is made, in an ideal situation, the perpetrator can be extradited under the existing regulations and accords previously agreed upon between the countries. Singapore and Sri Lanka, currently maintain workable extradition relations as per the treaty signed under the London Scheme with eight members of the Initiative (other members include Bangladesh, Fiji, India, Malaysia, Papua New Guinea, Samoa, and Vanuatu) therefore, the problem now lies with the law enforcement authorities to locate Mahendran.
 Once that is completed, bringing him back to the country for prosecution would be a simple task under the sufficient existing laws.

However, all of this could have been avoided; when the course of the Presidential Commission of Inquiry proceedings were unfolding, with startling revelations being made every other day or so, it was obvious that evidence was not in favour of Mahendran. Many anticipated the disappearance of Mahendran, but failed to take proactive measures against him. And now we, as a nation, are seemingly on the verge of forgetting he ever existed because of the latest developments in the case.

We are not in any way suggesting that those who have received money from the accused company or its individuals need not be identified, revealed and inquired into in a court of law. We understand the magnitude of these developments which has the potential of making or breaking the careers of many personalities in society. Such a revelation would the ultimate weapon that determines the voters’ decision in the upcoming elections. The public knowledge that their public representative has received money stolen from the very coffers of the nation to run their election campaign, will be vital information for the voter.

We see the information or the apparent bloating of the said ounce of knowledge - this PTL beneficiary list, missing in the annexures of the PCoI report - as a distraction to the public. It is a distraction from the bigger picture. A distraction from Arjuna Mahendran, Jaliya Wickramasuriya and Udayanga Weeratunga who should be hunted down to the far corners of the world for the corruption they have infected our system with.

 Not just them, but also the individual who advised them and protected them, politically or otherwise, when they were in power. And this list, much as it is a distraction, can be used to reveal all of those demagogues who have run this country to the ground.

“RTI is a non-violent way of change”

 

2018-06-07

Without information we humans, the most advanced species on Earth, would be handicapped. Information is everywhere, but whether they are credible and valid remains a question. Freedom of expression and the Right to Information (RTI) have been topics tabled for decades with no proper implementation. Both these avenues have been newer expressions of the post-war era and Sri Lanka is making steady progress as at now.

One year after the enactment of the RTI Act Sri Lanka recently reached third place in the Global RTI Index thus becoming the first South Asian country to achieve this target. Throughout the South Asian region the enactment of the RTI Act has been a herculean task and various individuals have risked their lives to make it a reality. Nikhil Dey is one such social activist of Indian origin, known for his struggles to promote the RTI Act in India and the founder of MazdoorKishan Shakti Sangthan (MKSS) in 1987, an organisation that works to ensure minimum wages for workers.   

During a recent visit to Sri Lanka, Dey in a candid interview with the Daily Mirror, related his experiences in enacting the Act, the importance of RTI and the way forward. 
Excerpts:

---

• RTI is vital for the fight against corruption
• democratic politics needs the development of a different kind of politics
• It has been recorded that there are 70 lakhs of RTI applications annually
• The Global Index considers only the quality of law and not the quality of implementing
• In India more than 70 people have been killed as means of RTI usage
• Now a decision has been made by the Government of India to make every RTI available appear on the website

---

Q Why is an RTI Act important for countries such as India and Sri Lanka that are plagued with corruption?

I think RTI is vital for the fight against corruption. If you don’t have transparency you don’t have access to information. It’s only access to information that can drive a transparent structure. You can do anything in a country with so many inequalities, different regions and climactic conditions. All South Asian countries face similar types of challenges. Society too has all kinds of issues including gender and different access to power. So corruption and arbitrary exercises raise many questions in the minds of the public. If you have democracy as a system then it’s one of the most powerful ways in which you can intervene in governance, ask questions, demand answers and give your opinion. So it’s the first step to the world’s day-to-day participation. The vote allows you participation once in five years and then you are lost. If you want to keep your elected representative or bureaucracy accountable then RTI is not a sufficient condition, but a very necessary one. RTI connects to an issue and it’s a battle for removing the imbalances of power. In a democracy imbalance of power is deadly and you need distributed power. So it’s a non-violent way of change. 

Q What prompted you to be an RTI activist?

I come from a privileged background; in fact from a liberal home which said that inequality is wrong, poverty is terrible and that it was around me. It just made me want to do something rather than saying it was wrong and terrible all the time. I thought everything would come out of politics and then I understood that democratic politics needs the development of a different kind of politics. That didn’t lead me directly to RTI, but instead I worked with some poor people in a little village in Rajasthan and they are the ones who fed me with the ideas. They related how they are frustrated and showed me where the demands need to be made, so that they would know the truth. 

If civil society agencies and the media could write about it, definitely it will reach the public. It should be written in Sinhala and Tamil too

Q On what issues have RTI being used in India?

When we began back in 1992 or 1993 there was no talk about RTI except in certain rooms in seminars. It was a long struggle first to get local government records which took five or six years and then bringing about a state law which took another four to five years and making it an Act took another five years. All the way people used it, but saw the limitations of each law. I think Sri Lanka in many ways has a better law than India. In some places it’s weaker, but in many places it’s stronger. It started being used by ordinary people who were demanding their rights for survival which included the right to food, education, wages and their everyday things. People who have never attended school understood the value of this Act. Even the Indian courts have acknowledged it because the Indian law changed it from just a freedom of expression issue to a right to life issue and a right to equality issue. This is because you cannot ensure equal treatment until you know what’s happening. Today it is used in a million things; the Prime Minister’s office, the President’s office, the smallest pollution control board office and even departments in ministries. It has been recorded that there are 70 lakhs of RTI applications annually. If you can imagine each RTI application producing such a reaction, 70 lakhs of applications are shaking up the system. 

Q It’s been a year since Sri Lanka enacted the RTI law and we have already reached third place in the Global RTI Index. Your comments?

The Global Index considers only the quality of law and not the quality of implementing. That is something that needs to be monitored. Even in India, it was the quality of law that was being evaluated. In India there are many shortcomings in implementation and there are sheer numbers of the tenacity of people. In India more than 70 people have been killed as means of RTI usage. This shows how much it has shaken up the system, but it also shows how sharp the reaction is. I think Sri Lanka is in its early stages and what I feel is that it’s important to make people aware of its usage. There are people out there with potential RTI applications because they are frustrated, have various issues and have been experiencing various vulnerable problems. In India RTI is now like a verb and it means a lot of things because it’s about questioning, filing an RTI, getting the records and so on. I think that popularization will take some time and for this the media has to play a significant role. There will be a story in one province or another which needs to come out, so that the others could be inspired by it. In India when we started we were supported by several doyennes of the media industry. They travelled with us and some of them even thanked the ordinary people for fighting a battle the media should have fought. But even when the law was fast enough certain journalists claimed that they have their sources. Questions were raised as to who would wait for 30 days to get information and so on. But today these sources would ask journalists to file an RTI. In Sri Lanka a person could receive information within 14 days. But this is the outer limit. There have been instances where we have received information within half an hour. Certainly if there’s an issue that needs to be written immediately, we cannot wait for an RTI. 

Q What benefits could the society and authorities reap in bringing about the proactive disclosure of information?

For the society as a whole it has a huge benefit because if the information is available it has its own effect on preventing corruption. Websites and everything are now turning into digital governance so you can easily make it available to everyone at the click of a button. Data should be open, but it also should be usable. Digital governance therefore allows you to produce those reports and allow anyone to have access to them. That will make governance more efficient, certainly allow people fight and prevent corruption and also make changes in policy because more people could make informed choices. 

Q How could authorities be trained for this?

What we have seen is that those training sessions end up being how you can deny information. We don’t have that culture of transparency. We have a culture which asks why they should answer a question, who are you to ask me etc. Therefore we need to shift from a culture of secrecy to a culture of transparency. In that RTI and proactive disclosure would  help. 

I think Sri Lanka is in its early stages. I feel that it’s important to make people aware of its usage. There are people out there with potential RTI applications

Q How difficult was it to implement the law in India and what lessons could Sri Lanka learn from it?

Still it’s difficult. It involves continual resistance because the Government would want to amend it and there are others who would give you half answers, delayed answers, scare, threaten and intimidate you. When appeals start going to the commissions they pile up there and people start getting fed up and it loses credibility. We got it after a long struggle and we need to protect it. It’s not a sufficient condition to change everything, but it is
absolutely necessary. 

Q As you mentioned earlier, journalists and people who use RTI have risked their lives to bring about a change. How should Governments respond to this situation?

The weakest link we have seen is the Government. The Government acts as a progressive, transparent leader that would say nobody should go to the commission and I would file an action against any officer who denies or delays information. That would be a good proactive, transparent administrator. But unfortunately the Government says it will pass a law, it’s a mistake and let’s change it, find ways around it and fight at the commission. Therefore it’s a continual battle and if you get proactive disclosure systems in then nobody can prevent it as it is automatic. It’s now like a grievance-regress mechanism, but you need a follow-up and accountability mechanism. Governments have to go out, provide the information, ask people for their opinions and take action. 

Q The concept of RTI is quite new to Sri Lanka. How could this be familiarised among rural communities?

If civil society agencies and the media could write about it, definitely it will reach the public. It should be written in Sinhala and Tamil too. People should know that there is a large civil society group backing them. There were attacks when the Indian RTI law was being passed. It was a powerful law and they tried to amend it within the first year, it was prevented. They tried to amend the rules etc., but none of that has been successful so far. This is because there’s a large group of people protecting it because it’s a people’s law. 

Even the Indian courts have acknowledged it because the Indian law changed it from just a freedom of expression issue to a right to life issue and a right to equality issue

Q Are there instances when RTI could be misused as well?

Of course. Any law can be misused particularly if it’s powerful. The main allegation against RTI is that people could use it to blackmail people. If I know someone is vulnerable and is doing something wrong, I can threaten them with an RTI or I can file an RTI and publicise it. That has happened and because the person concerned has done something wrong, they don’t want to complain.

The best answer to that is proactive disclosure because if information comes out automatically then how can blackmailing be done? Now a decision has been made by the Government of India to make every RTI available appear on the website including the answers. This way we could keep track of who is filing it and using the information.

RTI is an open process and in fact there are instances when people in jails have used RTI and have freed themselves. Many have used it to seek justice; especially those who have had wrong trials against them. You cannot argue against transparency because where there is misuse you should act against it. I feel proud that Sri Lanka has displaced India in this subject and a better competitor and democratic governance is needed.   

Social innovation – Future of business and the rise of Millennials

Eranda Ginige addressing the Viyathmaga 2018 Annual Convention – Pic by Lasantha Kumara

The article is an English transcript of the speech delivered by Eranda Ginige at the Viyathmaga 2018 Annual Convention

 Thursday, 7 June 2018 

Why didn’t we become a developed nation in the 35 years between the end of the World War II and the start of our internal war? Why are we not developed after 40 years since the introduction of the open economy against national economic policies? Why are we fluctuating in a narrow band across the global development indices even after ending the war on terrorism and rapidly commencing mega development projects? Why is our country still not developed?

According to traditional economic theories, for a country to develop it must continuously industrialise. Which means we must exponentially produce products and services; sell them inside and outside the country on open and competitive market to earn wealth; which will then be distributed among all citizens to satisfy their needs; and thereby creating a “developed” country where all citizens live happily ever after. That is the development model which started in the 19th century and ended in the 20th century. But friends I ask you, is that development model practical? For three reasons I say it is not.



The zero-sum game

Firstly, let’s imagine when we wake up tomorrow, all the developing nations have become developed nations like for example the United States of America. To supply the needs of the humans of such a developed world, the resources of one planet is not enough. We would need more than four and a half Earths for all of us to live the “developed” lifestyles of the developed nations. Simply put, the traditional development model is unscientific.

It’s a zero-sum game. For those few developed nations to maintain their high development standards, majority of the countries must remain un-developed forever.


Development myths

Secondly, the countries we call “developed” are not really developed. They haven’t solved all their problems. They too have growing numbers of poor people. They too have unemployed youth. They too have worsening problems in education and health. They too have religious and racial based terrorist attacks as we speak. They too have financial fraud, corruption and crimes. Their soil, water and air are irrecoverably polluted. Their political systems are crumbling.

Therefore, even if we somehow beat the other developing nations and become a developed nation, all our problems are not going to be resolved. Instead we will face a new set of social, environmental, economic and political problems which are far more complex than now.


Unfair development

Thirdly, if we honestly ask ourselves, “do we really need a development like that of the United States of America or the United Kingdom or Japan or Russia or Singapore?” – is that the real development aspiration of the majority of ordinary citizens of our country? As a country which has a written history of 2,600 years and as a country which has been evolved from a civilisation dating back several millennia more, how can our development vision be the same with that of the countries which has a history of some few hundred years?

Maybe we already built our mega cities during the Anuradhapura Kingdom. We have passed that development and had come a long journey. We simply cannot, and we must not turn back that social-cultural-philosophical evolution of our nation. What we are really doing here is chasing the impractical dream which is cleverly sold to us by the old and new super powers. A desperate attempt by the urban few to make up for their inferiority complex by fooling ourselves in a development which does not fit us.

Instead I propose a new development vision which is suitable to our land, our climate, our natural resources; and fulfils the real needs of the vast majority of our ordinary citizens. A development model which recognises our strengths and understands our weaknesses. A new development “Way” which will enable us to face the coming Asian and global challenges of the future. That new development must be designed by us and us alone. That is the social innovation need of the moment. How do we do that social innovation? Let’s start from the basics.

Sinhala, Tamil, Muslim, Malay, Burgher all of us have only one resource. And that is this land we call Sri Lanka with all its living and non-living things. The only foundation, the definitive purpose and the eternal principle of our new development must be “to preserve that resource for the Sinhala, Tamil, Muslim, Malay, Burgher children of the future, and their children and theirs, even better than what it is of today”. Let me give a vision of such a development using three examples.


Food production for the 21st century

Between the years of 2030 and 2050, our population would be around 25 million. However, the global population would have increased beyond an unbearable nine billion humans. And in that future, India, Pakistan and Bangladesh our closest neighbours would be among the top 10 populous countries, with China and Africa on either side of us.

That massive population will need a massive food supply. The global food production will continue to face increasing pressure due to the effects of climate change which ironically is caused by the very development we are chasing. In such an intensive future, depending on food imports and food aid, is putting our future generations in stark danger.

Now whether that happens or not, there is still nothing wrong in providing our future generations with poison-free, uncontaminated, nutritious foods at an affordable price. Therefore, what if we can make our future generations self-sustainable in food?

What if we can transform our food production system to meet the 21st century demands? Without discounting our 6,000 years of perfection in plant technology and using modern technology to improve it, what if we can build new social enterprises in food production? In addition to rural farming, what if we can build social enterprises in organic farming, urban farming, indoor farming, precision farming? What if we can prevent the wastage in our food production chains and instead add value to export the excess? And what if we can change the wasteful food consumption patterns of our people? That’s the future of business. That’s social innovation.


Clean energy for all

Our future generations will have to face the fossil fuel crisis in the post 2035 world. The end of the use of fossil fuels will certainly happen within this century. Which is why the countries that possess those resources are urgently and massively investing in renewable energy such as solar and wind power. As soon as they are self-sufficient in renewable energy, they will stop using fossil fuels and save the remaining resources to their future generations to be used in case of a catastrophic emergency.

Whether it happens or not, still there is nothing wrong in providing our future citizens with clean, efficient and long-term sources of energy to carry out their daily work, production and business. Therefore, what if we can become a 100% renewable energy country before the year 2035?

An equatorial island with the ocean all around us and with a small population can very well do this. What if we can build new social enterprises that manufacture and service, products in renewable energy? What if we can build social enterprises in architecture and construction which will design and build houses, offices and buildings that will meet the climatic and energy conditions of the future? What if we can change the energy wasteful business processes and lifestyle of our people? That’s social innovation.


Healthy in mind, body and spirit

In the next 30-50 years the human population could very well be dangerously decreased as well. But it’s not for any good reason because the most probable cause for that decline is Antibiotic Resistance (AR). Many disease-causing microorganisms have already evolved to resist the antibiotics due to their excessive and irresponsible use. For a country with a small population like ours, such an uncontrollable epidemic could cause unimaginable damage to our society, economy and the environment.

Whether that happens or not, still there is nothing wrong in making our future generations healthy and strong in mind, body and spirit. In a future where the cost of imported medicine, consultation fees and hospital charges will be unbearable, what if we can develop our indigenous “Hela-Paramparika” medical social enterprises and make it competitive with the western and ayurvedic systems? Instead of healing after the disease was acquired, what if we can train our people to stay healthy? That is social innovation.

These are but a few examples of social innovations which we must realise for our future. Similarly, other critical social, environmental, economic and political aspects should be innovated. Importantly, all examples above will create hundreds and thousands of new jobs. In a future where technologies such as Artificial Intelligence, Automation and Blockchain will make white-collar jobs and government jobs obsolete, what if we can create modern employment sectors in modern food production, modern eco-friendly production and a thriving social enterprise sector? That is social innovation.


The next curve of human civilisation

This is the social-economic-political model of the near future. This is the next level of human civilisation. Most of our policy makers and business leaders are still stuck in the lost 30-40 years of now obsolete development model. I don’t blame them because some of them were successful in that model. It’s the only model they know.

But we now have the development model of the 21st century which will define the fate of Earth and everything in it in the 22nd century and beyond. We must decide now whether we are going to follow the old, unsuccessful, destructive development model or are we going to start the new futuristic development today? I say we start the new development, my friends.


The rise of the Millennials

But to do that we must give the opportunity today for the leaders of tomorrow. The millennial generation born in the 1980s and 90s are ready to take the leadership in business and in politics, in the next 10 to 20 years. We are the generation that has to face the consequences of the destruction caused to the society, environment, economy and democracy in the last 100 years in the name of development.

Therefore, we the millennials are more sensitive to those problems, more insightful about those problems, and are more capable of social innovations to solve those problems. Thus, the millennials have a far greater responsibility to release our nation’s development from the 20th century and transform it to the 21st century realities. And in that journey, we do not want to be another Singapore, another Beijing, another London or another New York. We must be the unique Sri Lanka which we are.

To design the future of a country, we who live today must make great sacrifices. Just as our ancient ancestors and the war heroes of recent past sacrificed their lives and limbs so that we can live in peace in this land. To develop our country, we need all people who love our country, its soil, its fragrance, its people, its forests, its animals to come together as one and work together as one. If we don’t do that today my friends, when will we do it? If we don’t do it ourselves my friends, who else will do it?

Academics, Professionals And Activists Want KNDU Bill Withdrawn

JUNE 7, 2018

A group of 95 persons, mostly academics but including activists and other professionals, have petitioned for the withdrawal of the General Sir John Kotelawala National Defence University (KNDU) Bill which they claim ‘attempts to expand the existing Kotelawala Defence University in alarming ways”.

Sir John Lionel Kotelawala

The Bill which was gazetted on April 6, 2018, would, they claim, ‘goes well beyond the original objectives of the institution which were to provide training to military personnel in military related disciplines,’ and moreover would allow for operations ‘outside the purview of the Universities Act of 1978 or the University Grants Commission’.

They argue, further, that it would set ‘the dangerous precedent of linking the military to the education of civilians.’

It would provide the Minister of Defence extraordinary powers to intervene on the pretext of “national security” and could potentially use military power to crush any form of dissent on national higher education policy, the petition argues.

Finally, they claim that it is ‘a blatant effort to facilitate the privatization of higher education through the use of the military’ and demand that the government completely withdrawsthe Bill through a gazette notice with immediate effect.

The full text of the petition is given below:

Petition to withdraw the KNDU Bill

The General Sir John Kotelawala National Defence University (KNDU) Bill which was gazetted on 6thApril 2018 attempts to expand the existing Kotelawala Defence University in alarming ways. 

First, this will mean that the KNDU can create new units, link itself with other educational institutions (private, state or foreign), levy fees and award degrees to all sectors of the public, in any academic discipline. This goes well beyond the original objectives of the institution which were to provide training to military personnel in military related disciplines. All of this will be done outside the purview of the Universities Act of 1978 or the University Grants Commission. Instead, these educational activities will be controlled by the Minister of Defence and the Board of Governors composed mostly of military personnel, thereby setting up a dangerous precedent of linking the military to the education of civilians.  

Second, the Bill will enable the Minister of Defence to take “all such steps necessary” to control any situation that is seen to endanger national security or upset the smooth functioning of the University. Since the proposed bill allows for the expansion of the University extending its existing scope excessively in terms of geography as well as structure, it provides the Minister of Defence extraordinary powers to intervene on the pretext of ‘national security’ and could potentially use military power to crush any form of dissent on national higher education policy.  Additionally, the Board of Governors will be compelled to act according to the dictates of the Minister of Defence, usually a portfolio held by the President. 

The contents of the bill are a blatant effort to facilitate the privatization of higher education through the use of the military.  The implications for the quality of higher education and foundations of university education such as academic freedom, autonomy, dissent, freedom of thought and conscience have been completely disregarded in this bill.  Although the bill is presumably being presented as a response to the crisis faced by the medical students enrolled by SAITM, the provisions of the bill go over and beyond that remit in extremely dangerous ways.  

We demand that the government completely withdraw the KNDU Bill through a gazette notice with immediate effect.

Read More

Customs tell Court of Appeal:
Investigation into Rs. 16 bn vehicle tax fraud resumed

German Customs co-operate with SL counterparts

Customs Chief Sarojini Charles

by Shamindra Ferdinando-June 6, 2018, 12:00 pm 

Director General Customs Sarojini Charles has resumed an investigation into an alleged fraud amounting to Rs. 16 bn under the previous administration.

Charles has informed the Court of Appeal of her decision through the Attorney General’s Department.

DG, Customs has told the Court of Appeal that her predecessor, Chulananda Perera’s directive to impose a penalty of Rs. 100,000 each on 1,675 imported BMWs would be rescinded and an inquiry launched.

According to submissions made in court, Chulananda Perera has imposed the penalty on July 14, 2017.

One-time Batticaloa  Government Agent,  Charles succeeded Perera on Sept. 26,

2017. Perera received transfer to the Sri Lanka Administrative Service (SLAS) pool.

The Attorney General’s Department made recent submissions to the Court of Appeal in respect of the case filed by attorney-at-law and Solicitor (UK) Nagananda Kodituwakku on behalf of Customs Director M. Dayaparam against local agent for BMW, Prestige Automobile Pvt. Ltd.

Kodituwakku told The Island that the Customs decision to investigate the import of 1,675 BMWs afresh would give the country new hope.

Following representations made by Nagananda Kodituwakku to the Customs, Mrs. Charles has sought relevant information from German Customs to facilitate the inquiry. Koditiwakku said that he sought the Customs intervention in the wake of German authorities assuring their support in the event Director General Customs made the request.

Charles has requested for original invoices from BMW AG of Germany to probe what Kodituwakku, one-time head of the Customs revenue Task Force called the biggest-ever single revenue fraud in the history of the Customs.

According Kodituwakku, the German Customs in a letter dated Oct. 24, 2017 assured him of their readiness to support Sri Lankan inquiry in case they received formal request from the relevant authority.

Senior officer Dayaparam, who detected the fraud explained to Kodituwakku how a set of falsified invoices had been presented to the Customs instead of the original documents from Germany.

The new Customs Chief has re-opened investigations after examining the circumstances leading to the fraud, Koditiwakku said.

Responding to a query, Kodituwakku pointed out that vehicles worth more than 25,000 USD couldn’t be exempted from taxes. But, tax exemptions had been received for BMWs worth over USD 30,000 each by furnishing fictitious invoices which placed the value well under USD 25,000.

Kodituwakku said that the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) was briefed of alleged fraud. The CIABOC was continuing the case, the lawyer said.

Responding to a query, Kodituwakku said that the importer had moved court against the former Customs Director General’s directive to impose penalty of Rs 100,000 on each BMW.

Kodituwakku said that now that German Customs had agreed to cooperate with Sri Lanka, Germany would inquire into the circumstances under which procedures were manipulated.

The attorney-at-law said that a separate inquiry was needed to identify the illegal trade in duty free vehicle permits issued to members of parliament and various other professionals. Kodituwakku said that a joint Sri Lanka-German investigation was required to determine the involvement of various persons in this racket. According to Kodituwakku under invoicing was causing significant losses and the country struggling to increase revenue should take toughest possible measures to recover due taxes.

Kodituwakku said that a thorough investigation was required to establish whether as much as Rs. 200 mn had been spent by interested parties to facilitate the operation over a period of three years. According to him, German support would certainly help Sri Lanka to bring the case to a successful conclusion soon.

 

FUNDS TRANSFERRED TO ALUTHGAMAGE’S ACCOUNT - WITNESS

Lakmal Sooriyagoda-Thursday, June 7, 2018

A trade union treasurer said he took measures to transfer trade union funds amounting to Rs.3.9 million among three individuals including former Minister Mahindananda Aluthagamage.

Testifying before the Colombo High Court, witness Douglas Kahawage, the Treasurer of the Sri Lanka Nidahas Kamkaru Congress affirmed in court that he took measures to transfer the funds.

Kahawage gave evidence in a case filed against former Sports Minister and Kandy District MP Mahindananda Aluthgamage for the alleged criminal breach of trust of Rs. 3.9 million funds belonging to a trade union named Sri Lanka Nidahas Kamkaru Congress.

However, he admitted in court that MP Aluthgamage had repaid the money owed to Sri Lanka Nidahas Kamkaru Congress through three cheques. Further trial into the matter was fixed for August 2 by High Court Judge Sampath Wijeyaratne.

The Attorney General alleged that former Sports Minister Aluthgamage has committed a criminal breach of trust with regard to Rs. 1,000,000, misappropriated Rs. 1,900,000, and misappropriated another Rs. 1,000,000 belonging to the Sri Lanka Nidahas Kamkaru Congress between October, 2012 and April, 2013.

The Attorney General charged that the accused had committed punishable offences under section 388 and 389 of the Penal Code, listed 13 persons as witnesses in the case and named eight documents as production items.

President’s Counsel Nalin Ladduwahetty with counsel Hafeel Farisz and Dinesh Liyanage appeared for Aluthgamage. Deputy Solicitor General Thusith Mudalige appeared for the Attorney General.

Efforts underway to extradite Mahendran – says Ranil

METHMALIE DISSANAYAKE- JUN 06 2018

Prime Minister Ranil Wickremesinghe has said in the Parliament that steps are being taken to bring back Former Governor of the Central Bank of Sri Lanka (CBSL) Arjuna Mahendran to Sri Lanka according to the Extradition Law.

Wickremesinghe made this remark while answering a question by Chief Opposition Whip and Janatha Vimukthi Peramuna (JVP) Leader Anura Kumara Dissanayake. Dissanayake queried as to what steps had been taken from the Government’s side to produce Mahendran to the relevant local Court thus far.

Responding to this, Wickremesinghe noted that the Laws of Singapore do not allow its citizens to be arrested based on Interpol’s Red Warrants.

“The Singapore Government informed us that it cannot arrest a suspect upon an Interpol Red Notice as per the laws of Singapore. They requested us to make a formal request to extradite Mahendran. Therefore, we have taken steps according to that request.”

The Criminal Investigations Department (CID) has made a request to the Defence Secretary to take measures to bring Mahendran to Sri Lanka according to the Extradition Law on 25 May, the Premier said.
The JVP Leader then said that as the Prime Minister, Wickremesinghe could make a personal effort to bring back Mahendran since the latter is a friend of Wickremesinghe.

“I am not dragging any personal incidents into this but you have had close contacts with Mahendran. That was why you once said that you were aware of Mahendran going abroad to attend a wedding ceremony. He is your friend. So why can’t you make a personal effort to bring him back to the country? As the Prime Minister of Sri Lanka you have a responsibility to do that,” Dissanayake stressed.

Wickeremsinghe replied, “Mahendran kept me informed about his foreign visits when he was working under me as the CBSL Governor. All the other officials who come under me do the same.

They have an obligation to do that. However, that obligation is no more when they no longer hold a position. I did not have contacts with Mahendran even when I went before the Presidential Commission of Inquiry to give evidence. Mahendran had a habit of changing houses from time to time. That is a general practice of Singaporeans as well. He left the country without informing me and I have no clue on his whereabouts now.”

Dissanayake also queried on the cases regarding fugitive ex-diplomats Udayanga Weeratunga and Jaliya Wickramasuriya.

He said, “A formal request has been made to issue an Interpol Red Notice against Former Sri Lankan Ambassador to the United States of America Wickramasuriya and that request is now being processed. Also, another formal request has been submitted on 17 May to extradite Former Sri Lankan Ambassador to Russia Weeratunga, who is now being detained in the United Arab Emirates.”

Can the President resolve the CEB-coal power issue?

The Norochcholai Coal Power Plant. CEBEU members claims they fight for lowest-cost power generation for the country’s consumers.

But how honest are they?

 Thursday, 7 June 2018 

For the past few years, the Ceylon Electricity Board Engineers’ Union (CEBEU) and the Public Utilities Commission of Sri Lanka (PUCSL) have been at loggerheads over the approval of the CEB’s Long-Term Generation Plan. This has resulted in, since the Norochcholai power plant in 2015, no further electricity generating power plants materialising or being in the pipeline. Meanwhile, the country’s electricity demand grows by 200MW a year and the current shortage is around 500MW. The problem between the Engineers’ Union and the PUCSL seem to be insolvable and the President had to intervene.


Problem

Since 2013, CEB submitted a number of Long-Term Generation Expansion Plans (LTGEP) for the approval of PUCSL, but they were not acceptable to the Commission. The CEB proposal for 2015-2034 proposed power generation almost exclusively with coal. The Commission pointed out errors in computations and requested corrections and also requested inclusion of locally-available or imported natural gas-fired plants as an alternative to coal-fired plants.

As CEB refused to make amendments, the Commission rejected the CEB proposals and presented its own LTGEP 2015-2034. Ever since, the two parties have been making allegations at each other.

CEB presented its amended proposals for 2018-2037 in April 2017, including some LNG plants but majority still with coal; the proposal was modified by PUCSL. The summary of the CEB proposal and PUSCL modifications are given in the table. For simplicity hydro, wind and solar proposals are omitted.

CEB claims that its proposals are based on lowest cost, but PUCSL challenges computations are manipulated.


Environmental aspects of coal

Coal has been accused as the most polluting fuel. Main environmental concerns are:

Pollution, caused by emissions as sulphur dioxide, nitrogen oxides and mercury.

Greenhouse gases, emissions contributing to global warming.

Burning coal results fly-ash released into atmosphere (some captured in the chimney) and bottom ash (removed from the bottom of coal furnace).

Local experience is only small part of fly-ash is captured in the chimney. Bottom ash is stockpiled at the site (for how long?).

Villagers around Norochcholai complain of depositing coal dust in their houses and gardens from the ash mountain blown by the wind. Considering villagers complaints, Cabinet in January 2018 gave approval for the construction of a 15m high wind barrier around the coal yard and the ash yard at Puttalam at a cost of Rs. 723.7 million.


Indian and Chinese conduct

China and India are among the world’s largest coal producers and users. But in the past two years, India has retired around four gigawatts of coal power plants. India, faced with acute environmental challenges, is marching toward clean energy. In the year 2016-2017, it added more renewable energy than thermal power.

China continues to be the world’s leading coal producer and consumer. Last year the central government stopped or delayed work on about 150 planned coal-fired power plants, since last autumn it’s been directing northern cities to use natural gas replacing coal for heating homes.


PUSCL 

The PUCSL was established under the Act No. 35 of 2002. It has a broad mandate to act both as a consumer protection authority, an advisory, inspection and policy formulation body and regulation of electrical power generation and distribution, water supply, petroleum resources and other public utilities in Sri Lanka. The Commission is expected to perform and discharge its powers reasonably with fairness, impartiality, in a transparent manner.

The Commission consists of five members appointed by the Minister with the concurrence of the Constitutional Council. The members of the Commission shall be persons with ability and integrity and have shown capacity in addressing problems relating to engineering, law, economics, business management or administration.

Commission Members have a five-year term. A member may be removed from office by the Minister after presenting the parliament and with majority support of the Members of Parliament (including those not present).


Meetings with the President

In February 2017, the President held a discussion on future plans for the development of power sector, attended by the Minister, Deputy and Secretary of Ministry of Power of Renewable Energy and CEB Chairman along with members of the CEBEU. The CEB Engineers’ Association expressed its views regarding challenges posed by interested groups against its plans on low-cost coal power plants.

It highlighted the importance of considering the opinions of experienced energy experts when implementing future plans and presented the long-term power generation plans of the CEB.

Following the Cabinet approval for the ‘Policy on Energy Mix of Electricity Generation in Sri Lanka,’ two weeks ago the PUCSL had requested the CEB to submit a new generation plan stressing that it was unethical to approve the original plan submitted by the CEB as it had already undergone amendments through several rounds of public consultation.

It was reported that on 21 May CEBEU has written to the President requesting him to remove the Director General of Public Utility Commission immediately from his post, for obstructing the approval of the electricity generation plan for 2018-2037.

To settle the dispute, the President called another meeting on 25 April with PUCSL, CEB, CEBEU, ministers and Power and Energy officials. It was reported when President inquired why PUCSL refused to approve CEB proposals which included multiple coal power plants, the Chairman of PUCSL had quoted a Cabinet Committee on Economic Management decision stating that “there will be no more coal power plants in the country as decided by HE the President”. The CCEM is headed by the Prime Minister.

The President had stated it was wrong for him to be quoted in CCEM minutes without his written commitment. President claimed he is not against hi-tech [Japanese], environment friendly coal power. The President has instructed PUCSL to approve the CEB’s long-term generation plan and the decision letter would be sent by the President’s Secretary to PUCSL Chairman. But at the end of the meeting President has stated a final decision would be made with the approval of the Cabinet.

In the latest bid to break the deadlock, the President convened another meeting on 28 April with ministry staff, PUCSL, CEB, CEBEU representatives and three top members of the Attorney General’s Department. The discussion focused on clarifying the duties and functions of the two institutions to negotiate an agreement between the two institutions.



Opinion of independent professionals

PUSCL had called a discussion with independent professionals on the CEB’s long-term power proposal 2018-2037.

During the discussion a professional had pointed out that CEB engineers, in a note to membership on 18 April, had claimed that the price of coal-based generation was Rs. 7.90 per kilowatt hour (kWh) when compared with Rs. 14.80 per kWh for gas-based power.

The gas-based generation cost (Rs. 14.80) is based on the tender rate for the proposed Kerawalapitiya LNG-powered electricity generation plant. The figure includes fuel, operational and finance costs also power plant owner’s profit. However, according to the latest bulk supply tariff submission made by the CEB to PUCSL for October-December 2017, the coal-based generation of Lakvijaya cost Rs. 14.53 to 14.74 per kWh.

CEB claims energy cost for Norochcholai is Rs. 8.87 per kWh. This figure refers only to basic energy cost, without fixed and variable overheads. In the PUCSL published actual generation costs for September 2017 based on CEB submissions, Lakvijaya cost Rs. 14.00 per kWh excluding debt-servicing, since the loan for the plant is the Treasury responsibility.


Integrity of CEB engineers

CEBEU members claims they fight for lowest-cost power generation for the country’s consumers. But how honest are they? They love coal-powered plants, from the inception of Norochcholai plant, entire coal supplies were from a single supplier from South Africa. When tenders are called, the Technical Evaluation Committee rejects other suppliers under various pretexts. When power plants got delayed, for over 20 years power shortages were replenished with high-cost purchased power from private power suppliers, a lucrative income for the engineers.

CEB is the highest paid employer in the State sector, even young engineers earning a basic salary of over Rs. 100,000 and senior engineers get over Rs. 200,000. Some time ago, their engineers in charge of projects demanded a monthly salary of Rs. 650,000, claiming overseas consultants are paid in millions. Engineers are paid overtime after 4:15, also numerous other allowances. CEB belongs to the exclusive category of the country as their PAYE payables are settled by the employer, as recently disclosed by the Auditors; a facility not available even to MPs.


CEBEU pressurises Government

CEBEU demands “Chairman of PUCSL be removed and staff members with an unblemished record and highest professional integrity be appointed to the posts of the PUCSL”. As such no present or past member of CEB can be appointed as a member of PUCSL.


Availability of local gas

The Indian firm Cairn engaged in oil exploration in M2 Block in Mannar Basin made two natural gas discoveries in 2011 named “Dorado” and “Barracuda”. However, when world’s oil prices crashed, Cairn was no longer interested in continuing forward.

On 30 May, the country signed an agreement with Eastern Echo Holdings Plc, a fully-owned subsidiary of the world’s largest US-based oilfield services company, Schlumberger, to conduct seismic surveys off the country’s east coast and Mannar Basin to evaluate prospects of oil and gas. The exploration will not cost Sri Lanka, but it will receive a copy of the report; Eastern Echo Holdings will sell the obtained data to Shell or Total, as allowed in the agreement.

In another related development, Sri Lanka is expected to call international tenders shortly to develop and further explorations the 2,924 sq.km M2 block in the Mannar Basin, where Cairn made two gas discoveries. According to Cairn’s data, 850 billion cubic feet of gas reserves are available in the M2 block. Although the PRDS received several unsolicited proposals from potential operators, the Cabinet-appointed Procurement Committee decided to call tenders. The natural gas extraction is expected to cost between $ 700 million to $ 1.5 billion, SL Government will purchase the entire output from Mannar M2 block.


Development of LNG power plants

The Board of Investment has given approval to China Machinery Engineering (which set up Norochcholai Plant) to set up a $500 million LNG plant near the Chinese-controlled Hambantota Port as a Government-to-Government project. The power would be basically for the projects in the Hambantota Industrial Zone, and excess energy would be sold to CEB. But CEB engineers have opposed the idea, claiming there is no provision in the Long-Term Generation Plan for a LNG plant in Hambantota.


LNG plants with India and Japan

When President Sirisena met Indian Prime Minister Narendra Modi in India, SL President conveyed the decision to cancel plans for the 500MW Indian-built coal-fired power plant at Sampur, Trincomalee and instead opt for a Liquefied Natural Gas (LNG) power plant.

Meanwhile, Japan had submitted an unsolicited proposal to build a 1,000MW high efficient clean coal power plant, initially limited to 500 MW, also at Trincomalee. President Sirisena during his visit to Japan had requested the Japanese Prime Minister to cancel this offer too and instead replace it with a natural gas power plant. Later, the Sri Lankan Government has signed Memoranda of Understanding with the Indian and Japanese Governments for building 500 MW each by the two countries.


Oil prices in the world market

World’s oil prices reached a peak of $ 140 a barrel in 2008, but the high prices soon collapsed when US companies started using fracking technology in mass scale. The US became the world’s biggest producer of petroleum overtaking Saudi Arabia. But the Saudis hit back, increasing production, forcing oil prices down which hit $ 43 in 2016. Lower prices had stopped oil exploration and development, now after years, oil prices have reached $ 80. New explorations and productions are commencing, but will take time to come on stream around 2023, hence the sudden interest in Sri Lanka’s proven gas resources.


Public response to coal power plants

The country’s first coal power plant was proposed in Trincomalee, but dropped due to prevailing war. In late 1980’s Mawella near the natural harbor capable of accommodating coal ships of 60,000DWT was proposed, but was abandoned under public protests. When Japanese consultants recommended Dungalpitiya in Negombo or Norochcholai in 1991, CEB selected more expensive Norochcholai, but protests delayed the project until 2008.

All large projects need environmental acceptance. Today, the public having experienced adverse environmental effects of coal, will not tolerate another coal power plant and attempting public consent would be extremely time-consuming.


Discussion

The President is facing a dilemma. He would prefer to satisfy CEBEU armed with trade union action, the easy way out. He is not a technical person and depends on interpretations submitted by his advisors. It is apparent that the President has not been properly briefed on all aspects of the dispute.

The President has listened more to the CEB union and their interpretation would be uppermost in his mind. Also, it appears the PUCSL representatives had not adequately presented their case. The President has called the three highest-level officers from the AG’s Department to advise him on the powers and responsibilities of CEB and the PUSCL.

CEB engineers are aware that local gas is on the horizon and when discoveries reach the market or are even near, consideration of coal-based power will disappear forever. This is the last opportunity to get additional coal-powered plants to be accepted and are trying their utmost. Coal plants have a life of over 25 years and retiring a coal-based plant or converting same to gas would be extremely expensive.

CEB engineers, being aware of their power to disrupt the country, demand strongly that coal-based plants be accepted, to the extent requiring President’s intervention, only because they receive heavy benefits from coal power.

The President has already consented to three LNG plants to India, Japan and China. The country is facing a power shortage and immediate power generation would be oil based as accepted by both parties. Establishment of a LNG based plant takes three years and a coal plant at least a year more. For a coal power plant, selection of the site and environment acceptance would consume many more years.

Even if the President accepts the CEB plan, three LNG plants already promised would have to be implemented. By around 2022, gas reserves from Mannar, with minimum of 850 billion cubic feet, would be available to the country. Does the President have an option?