“Dear Mr President, Do Not Re-Implement Death Penalty” — Human Rights Commission

JULY 26, 2018

Dr Deepika Udagama, Chairperson of the Human Rights Commission of Sri Lanka (HRCSL) has urged President Maithripala Sirisena to ‘do away with the decision to re-implement capital punishment.’

Dr. Deepika Udagama

Udagama, in this letter, while referring to an early missive to the President (date January 1, 2016) where the Commission called for the abolition of capital punishment, has nevertheless backed off from that position, calling only for ‘non-implementation’. The Commission instead recommends ‘a series of strong and long term policies including strengthening of institutions and procedures aimed at addressing serious crimes including drug trafficking.

The full text of the letter is given below.

His Excellency Maithripala Sirisena

President of the Democratic Socialist Republic of Sri Lanka

Presidential Secretariat
Colombo 1

Your Excellency,

Re : Proposalto Re-!mplement Capital Punishment

We have been made to understand during the past few days through media reports that Cabinet approval has been granted to re-implement capital punishment against those drug traffickers who have been convicted and are under death sentence and that the government agrees to implement capital punishment with immediate effect on those convicts who continue to engage in drug trafficking while being in prison. The Human Rights commission expresses its deep concern regarding this development.

The Commission by its letter dated 01 Jan 2016 conveyed to Your Excellency its detailed recommendation that Sri Lanka should abolish capital punishment (annexed). We had stated therein that capital punishment is a thoroughly cruel and inhuman punishment; it amounts to severe infringement of the right to life, right to be free of cruel and inhuman punishment and a host of other human rights; and that capital punishment should be abolished since it is an ineffective, extreme and irreversible form of punishment that does not help reduce crime.

We agree that drug trafficking gives rise to severe social problems, especially that addiction to drugs on the part of the younger generation poses a grave threat to the future generations of the country, and that, therefore, drug traffickers can be recognized as persons engaged in an egregious anti-social activity. Yet, it is our opinion that this process can be curtailed not by re-implementing ineffective forms of punishment such as capital punishment, but by bringing drug dealers before the law in an efficient manner and imposing other forms of serious punishments depending on the nature of the crimes they have committed.

lf those already convicted and imprisoned for drug trafficking still continue to engage in drug trafficking while being in prison through contact with the outside world via the use of modern technology, the appropriate solution is to strengthen the security arrangements in the prisons using modern technological methods. Also, it is necessary to exercise constant vigilance over officials who may be involved in these activities and bring them before the law. Further, it is a well known fact that drug trafficking has reached such high proportions mainly due to assistance received by major drug dealers through political connections and also from certain elements within the law enforcement establishment. We are convinced that the drug menace cannot be successfully eradicated in the long run through instant and ineffective solutions such as the re- imposition of capital punishment without addressing the root causes.

Further, we observe a new trend in society whereby certain sections of society are now questioning the strong public support of capital punishment hitherto prevalent in Sri Lanka. We observe that this is due to the fact that confidence placed in administration of justice in Sri Lanka is eroding.

In the recommendation we made in 20L6, we pointed out that the abolition of capital punishment is a contemporary trend among a majority of countries in the world. Despite capital punishment being a part of our statue book, non-implementation of death sentences since 1976 had earned international commendation for Sri Lanka. Furthermore, Sri Lanka voted in support of a resolution calling for a moratorium on executions adopted by the UN General Assembly in 20L6. It is inevitable that the international recognition Sri Lanka earned by embarking on the path of democracy would see a backward slide if policies such as re- implementation of the death penalty are adopted.

Therefore, the Human Rights Commission of Sri Lanka earnestly and respectfully urges Your Excellency to do away with the decision to re-implement capital punishment and instead implement a series of strong and long term policies (including strengthening of institutions and procedures) aimed at addressing serious crimes including drug trafficking.

Dr. N. D. Udaganta

Chairperson

Human Rights Commission of Sri Lanka

---

His Excellency Maithripala Sirisena

President of the Democratic Socialist Republic of Sri Lanka

Presidential Secretariat

Colombo 1

Your Excellency,

RECOMMENDATION TO ABOLISH THE DEATH PENALW IN SRI LANKA

We extend to Your Excellency our warm wishes for the New Year.

We take this opportunity, on this auspicious day, to recommend the abolition of the deathpenalty in Sri Lanka in keeping with Sri Lanka’s commitment to a more humane society consonant with human rights principles and values.

ln terms of the Human Rights Commission of Sri Lanka Act No. 2L of 1996, the Human RightsCommission of Sri Lanka is required by Section 10 (c) and 10(d) of the said Act, among otherthings, to advise and assist the government in formulating legislation and administrative directives and procedures in furtherance of the promotion and protection of fundamentalrights and to make recommendations to the Government regarding measures which should betaken to ensure that national laws and administrative practices are in accordance withinternational human rights norms and standards.

The Human Rights Commission wishes to bring to Your Excellency’s and the Government’sattention its recommendations regarding the abolition of the death penalty, which theCommission views is imperative for Sri Lanka in recognition of the growing global recognitionthat the death penalty seriously violates several human rights including the right to life andfreedom from cruel and inhuman punishmen| is an extreme and irreversible punishmenU andis ineffective as a deterrent to crime. Sri Lanka should demonstrate its commitment to the sanctity of life and fundamental human rights principles by joining the more than 100 nationsin the world that have abolished the death penalty thus far. Another 60 countries do not carry out death sentences in practice.

lnternational human rights obligations of Sri Lanka clearly discourage the death penalty. Article3 of the Universal Declaration of Human Rights enshrines the sanctity of human life by affirmingthat everyone has the right to life, liberty and security of person, whilst Article 6 of the lnternational Covenant on Civil and Political Rights strongly suggests that abolition of the deathpenalty is desirable.

Your Excellency’s attention is drawn to the Second Optional Protocol to the lnternational Covenant on Civil and Political Rights, adopted by the UN General Assembly by resolution 44/128 of 15th December 1989 which calls forthe abolition of the death penalty. lts Preamble declares that the abolition of the death penalty contributes to the enhancement of humandignity and progressive development of human rights. ln keeping with Sri Lanka’s commitmentto improving human rights protection in the country we recommend that Sri Lanka accede to the Protocol and take steps to abolish the death penalty.

Whilst appreciating that from 7976, successive governments in Sri Lanka have not implementedthe death penalty, the Commission notes that courts continue to impose the death penaltyunder several statutes which provide for the imposition of the death penalty, including thePenal Code and the Poisons, Opium and Dangerous Drugs Ordinance as amended by Act No. 13 of 1984.

ln view of international and comparative jurisprudence, the Commission agrees with theposition that the death penalty amounts to cruel, inhuman and degrading punishment andfails to respect the sanctity of human life. The Supreme Court of Sri Lanka has held thatalthough there is no express fundamental right to life , nevertheless that such a right is impliedin the 1978 Constitution of Sri Lanka. Article 11 of the 1978 Constitution prohibits without anyreservation torture as well as cruel, inhuman and degrading treatment or punishment.

The Commission seeks to place before Your Excellency and the Government the following factors which should be considered in abolishing the death penalty:

i) Death Penalty as a deterrence to crime

Many proponents of the implementation of the death penalty have urged itsimplementation as a deterrence to crime. However, it is our view that it is aneffective justice system and a just social order that lead to a reduction in crime, as isseen in countries which have some of the lowest crime rates. There is no empirical data, to show that death penalty has caused a reduction in crime or has a deterrent effect on crime.

ii) The risk of miscarriage of justice and the irreversibility of capital punishment

Despite constitutional safeguards, including the appeals process andrecommendations being called from the trial judge, the Attorney General andMinister of Justice, it is the view of the Commission that there is always the risk ofinnocent persons being executed for crimes which they did not commit.

It is the view of the Commission that in view of the serious flaws which exist in the criminal justice system coupled with Sri Lanka, unlike other countries, not having aprocess permitting the reopening of a criminal case after exhaustion of the appealsprocedures, there is a serious risk of a miscarriage of justice. Although due process in criminal proceedings are guaranteed by the Constitution and statutory law, there is always the possibility of human error distorting the final outcome.

The Commission wishes to place before Your Excellency that there have beenseveral instances, in countries including those of the developed world, where alsodue to new investigation techniques and development of technology, fresh evidencehas surfaced or doubts raised about the integrity of evidence many years after conviction. ln the United States , Canada and the United Kingdom there have beenseveral occasions where people wrongly convicted have been released from death row or prison decades later, the most recent being a U.S. man who was released inNovember in Louisiana after serving 23 years in prison for several crimes, becausethe judge found he did not obtain a fair trail. The lead investigator and the judge inthe original trial said they believe his conviction was a “miscarriage of justice”.Similarly, the Commission notes there are allegations of prosecutorial misconductleading to conviction of the innocent in Sri Lanka. Such an instance is highlighted inthe Supreme Court Judgment of Wijepolo v Attorney General (2001) 1 SLR 42.

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Unless Federal set up established, the majority community will gobble us up

• Economic benefits will not solve the ethnic problems
• There is nothing for me to respond to TNA MP M.A.Sumanthiran
• In the absence of US, there are others like UK conscious of Sri Lankan Tamils’ issue
• Public perception that there is nexus between Ava group and the security forces
• I have no proof of that
• South must grant our request
• Difficult to gauge India’s role
• Tamil Nadu is no longer a factor

Northern Province Chief Minister C.V. Wigneswaran, in an interview with the ,Daily mirror airs out his views on the political situation in the North and his plans for the future. He responds to the question about the crime wave created by Ava group. Excerpts from the interview: 

QHow do you look at the current political situation in the country?

2018-07-24

It is not satisfactory. There are unfortunate differences of opinion between the President’s group and the Prime Minister’s group. The third group of former President Mahinda Rajapaksa is calling the shots from outside.

Both in power are not prepared to move forward for fear of the opposition. Those who brought this Government to power have been completely forgotten. If not for the fact that there would be a sitting in Geneva in March 2019 this Government does not feel obliged to solve the ethnic problem. There is no will to solve the problem. Now they are talking of economic benefits for the north and the east. Those benefits will not solve the ethnic problem. The Tamils know that all the death, damage and destruction during the war were prompted by the successive Sri Lankan Governments not wanting to accept the rights of the Tamil speaking people. No armed group would have been born except due to the insensitivity of successive majority community governments.

Since no concrete steps are being taken by this government to solve the Tamil problem and since they are infighting in Parliament, it is my view that this Country will get into more and more difficulties in the future.

QThere are reports about a move to postpone the Provincial Council elections. How will you react to it?

Postponing in other areas is different from postponing in the north and the east when the north and the east are clamouring for full devolution. Postponing would mean a Sinhala Governor will run our Province.

Already the Army consisting mainly of the majority community is in occupation of our areas. Colonization is taking place in a big way in the Northern Province with the help of the Army. If a Governor with a Sinhala oriented perception takes over reins of the office until the next Provincial Council Election, our northern and eastern provinces would lose even the meagre benefits hitherto earned. I am against any postponement. There could be a Provisional Government consisting of locals until elections if the law is changed accordingly.

Since no concrete steps are being taken by this government to solve the Tamil problem and since they are infighting in Parliament, it is my view that this Country will get into more and more difficulties in the future

QTNA MP M.A. Sumanthiran said that the nomination of you as the Chief Minister candidate was a failed project. What is your view?

He is stating his view. What is there for me to say? Do you want me to assess him as an MP and be critical of his conduct? He was my student. I am happy to allow him to talk and keep quiet for the moment.

QHow hopeful are you of the Constitution-making process?

Unless pressure from interest groups makes it incumbent on the part of the Government to proceed with the constitution-making process, no Sinhala majority government would be interested in providing a reasonable and workable constitution, granting equality to the minorities let alone the Tamil speaking who are a majority in their own areas, the north and east.

QYou seek extensive power-sharing under a Federal structure and the merger of the north and east. How realistic is it without the support of the south?

We are saying unless a Federal set up is established, we would be gobbled up by the majority community. Already the process of cannibalization of the north is on. Are you advising us to seek the support of the south which is interested in cannibalizing us, to obtain a Federal Constitution which would put a stop to the activities presently taking place?

When the time comes the South must grant our request because our requests are reasonable and justified. Meanwhile, the South will never grant any reasonable solution to the Tamil question. Do you want us, therefore, to cringe and ask for a few crumbs from the South’s plate? I doubt my people opting for such an eventuality.

QIf it is impossible, how will you pursue your political goals?

Leave it to us to pursue our political goals. But please be reminded the longer you take to solve the Tamil problem the greater your problems will be in this Country.

We are saying unless a Federal set up is established, we would be gobbled up by the majority community. Already the process of cannibalization of the north is on

QTamil people voted overwhelmingly for President Maithripala Sirisena. How do you think of that decision now?

We still have a great regard for President Sirisena as a humane person. But he is caught up in his party and his community and his religion.

He should never have looked upon himself as a party leader and acted as a party leader in recent times. He is President. We all voted for him. He should have evolved into a Statesman rather than a Politician. Our decision in 2015 was correct. But the benefits have been negligible. Of course, a democratic ambience is in place throughout the country. We have to accept that.

QWhat is your view on the next presidential election?

That is a long way off. Let us wait and see.

QHow do you calculate the international situation with the United States pulling out from the UNHRC process?

They are still ordinary members of the World Body. There are others like the UK who are conscious of their duties towards those affected in Sri Lanka. I believe the pressure on our Government to fulfil its obligations under the Consensus Resolution, will not be any lighter just because the US has pulled out.

QRecently, Law and Order Minister Ranjith Madduma Bandara came here along with senior Police Officers to discuss the law and order situation here. Actually, how do you look at this criminal group called ‘Ava group?’

Nobody really knows who these Ava Group people are. Now, they have come to know that many of these people are young men aged between 17 and 22. They move around on motorbikes carrying swords to do various criminal activities. Our question is that why this is not controlled. It can be controlled. That way, there are 150,000 Army personnel and so many Police Personnel. When we ask, why are you unable to control them? They have no answer to that question.

We do not know whether there is a connection between the forces and these people. The general perception of people is that there is a connection. I do not know to what extent. There are also people involved in drug peddling here. They are supposed to be having the backing of the Forces and Police. This is a general perception. I have no proof of that. The fact remains that there are so many forces, but the criminal gangs continue to operate. They operate at a particular time. At certain times, it becomes very prominent. Then, the Police take action. It goes down afterwards. It erupts again after some time.

QSome people say these young persons have been inspired by violent scenes in Tamil films to carry out violence in this manner. What is your view?

I do not think people are looking at films and doing these things. I will put it the other way. These things are happening. Films portray what is taking place in life.

QHow serious is the problem?

I asked this from Jaffna Senior DIG, Roshan Fernando. His answer is very important to be taken into consideration. He said, “We have various statistics regarding the number of offences. The offences that have been taking place are not any different from what they were earlier.” But, there are a few things your paper is taking into full focus. Then, the whole Northern Province looks like a place without law and order.

These are a few matters that have cropped up. These are given a fair amount of press coverage. He does not agree that there is any latent increase in criminal activities.

QWhat are the impediments you face in arresting the situation?

Kelum, if you ask me that question, my position is that we have not been given Police Powers. There is a certain amount of rights given to us under the 13th Amendment. There is no way of using those rights even. Up to the level of Police ASP, we have certain rights.

The Police Commission must allow that. That is not happening. As a result, we depend on the Police forces sent by the Central Government. They do not know our language. They have a different perception of what the people say. There are 150,000 Army soldiers here. There is no central authority to look into all these. If you give me these powers, I will make sure what should be done and looked into. If we have full power, we can easily bring this to an end.

QThere are reports about you trying to form a new party in view of the Provincial Council elections. How are you proceeding with it?

Reports are misleading. I was asked the question. If you are not given nomination, what will you do? I have three options as I said. I can go home. Secondly, I can join another existing party. The third one is to start up a new party. The press reports that I am going to form a new party. We have not decided on any such thing. This is an option.

Now, they have come to know that many of these people are young men aged between 17 and 22. They move around in motorbikes carrying swords to do various criminal activities. Our question is that why this is not controlled. It can be controlled

QYet, the TNA says your nomination for the last time is a failed project….

The TNA had been saying all such things earlier. They come to wrong conclusions. My student comes to a wrong conclusion. Then, everybody comes to a wrong conclusion. When I did not help them at the elections, they accused me of helping the party led by Gajendrakumar Ponnambalam. I had nothing to do with it.
My position was that certain things have not been taken into consideration by the TNA leadership. They should look into it. We have already promised to the electorate. We must conform to that. If you conform to that, I have no problem. They are changing it according to whims and fancies of various politicians in the south and among themselves.

QThe TNA is quite active in the South as the Main Opposition in Parliament. What is your view?

If the Constitution-making process starts up, we will welcome it. It is not happening.

QHow hopeful are you of the process?

Even if it starts, the Central Government will not grant a suitable, adequate political solution to the north and east.

QIf there is no support from the south for Constitutional changes, how are you going to pursue your goals through other means?

There are lots of other options. You have to give your report to the UNHRC in Geneva in March 2019. They have to come to grip with the question whether the Tamil national question is solved or not. I do not think our future is bleak as such.

QHow do you look at the role of India?

The role of India is very difficult for us to gauge. They are, more or less, taking a very non-interfering type of attitude.

QHow important is Tamil Nadu factor?

It is irrelevant now. They have their own problems now. There is nothing for us to talk about Tamil Nadu as far as our problems are concerned.

Moody’s affirms Sri Lanka’s ratings at B1; maintains negative outlook

• Flags low fiscal strength, challenging political environment, fiscal consolidation beyond IMF program and external vulnerability
• Warns Govt. could face tighter debt refinancing conditions in next few years 
• Says continued fiscal consolidation and strengthening reserves key to improving credit profile 
• Debt likely to be about 70% of GDP by turn of the decade, debt affordability to remain weak despite plans to include more domestic financing  
• Expects the overall current account deficit to be around 2.5% of GDP in the next few years or $ 2.6 b
• Believes negative outlook signals an upgrade is unlikely 
• But fiscal reforms targeted at more revenue and debt affordability could prompt Moody’s to stabilise outlook

Friday, 27 July 2018

Moody’s Investors Service yesterday affirmed Sri Lanka’s foreign currency issuer and senior unsecured ratings at B1 and maintained the negative outlook.

The decision to affirm the rating at B1 reflects Sri Lanka’s progress in implementing the planned reform program, which entails fiscal consolidation and a build-up of foreign exchange reserves buffers, ahead of the end of the IMF Extended Fund Facility program in June 2019, along with its moderate per capita income levels and stronger institutions relative to many similarly-rated sovereigns.

This is balanced against Moody’s expectation that the sovereign’s fiscal strength will remain very low and government liquidity and external vulnerability risk will remain rating constraints.

The decision to maintain the negative outlook reflects Sri Lanka’s ongoing high vulnerability to a potential tightening in external and domestic financing conditions, given relatively large borrowing needs, reliance on external funding and still low reserves adequacy. That feature dominates Sri Lanka’s credit profile.

The Government could face significantly tighter refinancing conditions at some point during the next few years, which would quickly lead to much weaker debt affordability and a higher debt burden, especially if the currency depreciated at the same time.

Concurrently, the local-currency bond and deposit ceilings remain unchanged at Ba1. The foreign-currency bond ceiling is unchanged at Ba2 and the foreign currency deposit ceiling at B2.

Moody’s affirms

Under its IMF Extended Fund Facility Program, Sri Lanka continues to advance reforms that support fiscal consolidation and attempt to reduce external vulnerabilities. Progress in fiscal consolidation and in building up reserves buffers strengthens the credit profile by providing greater assurance of Sri Lanka’s ability to refinance its domestic and external debt at affordable costs.

The Government’s commitment to continue broadening and deepening its revenue base, including through implementation of the Inland Revenue Act (IRA), which came into effect in April 2018, will bolster revenue generation. Moreover, legislative measures pursuant to changes in the Fiscal Management Responsibility Act aim to apply fiscal rules that ensure deficit and debt consolidation efforts endure beyond the conclusion of the IMF program.

In addition, the planned changes to the Monetary Law Act should strengthen the credibility and effectiveness of Sri Lanka’s monetary policy, helping the Central Bank anchor inflation expectations and prevent fiscal dominance. If effective, this would contribute to stabilising the cost of debt at lower levels and as a result enhance fiscal flexibility.

The Active Liability Management Act (ALMA) will provide the Government with some flexibility to smooth the timing of its debt refinancing operations within a given year. Over time, the effective use of the ALMA may allow the Sri Lankan Government to somewhat smooth the consecutive large debt maturities over the period 2019-2023 and to prevent the recurrence of such a concentration in the future. However, during the next few years the gains will be limited given the high frequency of debt repayments.

In addition, the Government plans to further diversify external funding sources through the issuance of the Chinese renminbi or Japanese yen denominated bonds, as well as loans from other bilateral or multilateral lenders.

Balancing Sri Lanka’s credit strengths is very low fiscal strength, which will remain a key source of risk over the next few years, despite prospects for the further narrowing of the budget deficit and gradual decline in government debt as a share of GDP. The country’s reliance on external financing without commensurate foreign exchange inflows also means that Sri Lanka’s external position remains fragile, despite a build-up in foreign exchange reserves recently.

As a baseline, Moody’s assumes broadly stable overall financing conditions for the Government. Under this assumption, together with continued fiscal consolidation after the end of the IMF program, albeit at a slower pace, Moody’s expects the Government’s debt burden to continue to decline over the remainder of the decade.

However, even in the absence of shocks, debt will only fall slowly to around 70% of GDP by the turn of the decade, from 77% of GDP in 2017.

Moody’s estimates that government gross borrowing requirements, incorporating projections on fiscal deficits and maturing government debt repayments, to reach about 18.5% of GDP in 2018 and in the baseline, forecasts them to fall to a still-high level of 13% by 2020. A significant proportion of the Government’s debt is financed at short maturities, including Treasury bills equivalent to around 12.5% of outstanding domestic debt or about 5% of GDP in 2017.

Given a relatively narrow domestic financing market, the Government remains reliant on external bilateral and commercial lenders’ continued willingness to refinance large amounts of foreign currency debt. Moody’s estimates that the Government will have made principal payments on external debt of around $ 3.8 billion per year, on average, from 2016-2018.

Despite Moody’s expectation of a further rise in the level and an improvement in the quality of foreign exchange reserves, persistently low reserves adequacy denotes vulnerability to a shift in foreign financing conditions. Moody’s estimates that Sri Lanka’s External Vulnerability Indicator (EVI), the ratio of external debt payments due over the next year to foreign exchange reserves, will continue to hover around 150% in the next few years, well above the median level of B-rated sovereigns.

The Government’s strategy is to shift some of its funding to domestic, local currency investors, given lower debt repayments on domestic Treasury bonds in the coming years. Moody’s expects Treasury bond maturities to fall to around 2% of GDP on average per year over the period from 2019-2023, from about 4% of GDP in 2018, providing some space for the Government to increase local-currency borrowings to finance the fiscal deficit.

But while this will help reduce exchange rate risk, given local currency interest rates are much higher than the average cost of external debt, debt affordability will remain weak. Interest payments will continue to absorb 37%-40% of revenue in the next couple of years and will remain highly sensitive to either a rise in the cost of debt or a slower revenue increase than currently assumed.

The negative outlook reflects Moody’s view that Sri Lanka’s credit profile is dominated by the Government and country’s elevated exposure to refinancing risk. Sri Lanka could face significantly tighter external refinancing conditions at some point during the next five years, which would quickly lead to much weaker debt affordability, especially if the currency were to depreciate as a result.

With a persistently high debt burden, weak debt affordability, large borrowing needs and low foreign reserve adequacy, Sri Lanka’s vulnerability to a shift in domestic and external financing conditions is high.

In particular, every year between 2019 and 2023, the Government will need to make principal payments on external debt of around $ 3.5 billion per year (about $ 17 billion overall), in addition to financing part of the budget deficit externally.

For the economy as a whole, part of the current account deficit corresponds to private sector activities also financed externally. Moody’s expects the overall current account deficit to be around 2.5% of GDP in the next few years, or around $ 2.6 billion on average per year.

In general, the Government’s ongoing progress on fiscal consolidation relies on further effective implementation of revenue reforms, which has only started. The need to maintain sizeable primary surpluses over time and beyond the IMF program will test the Government’s resolve, especially if GDP growth remains relatively muted.

Moreover, despite very substantial export potential, Sri Lanka has not yet managed to broaden its export base on a sustained basis. Further, against the backdrop of a fractious political environment, persistent disruptive politics may lead to delays in legislative approval of future reforms and could potentially slow or sidetrack effective implementation of newly-passed reforms. As a result, perceptions that the country’s twin deficits could widen again could reduce investors’ appetite for investment in Sri Lankan debt.

The negative outlook signals that an upgrade is unlikely.

Moody’s would consider returning the outlook to stable should it conclude that external and domestic refinancing risks were likely to diminish. That conclusion could be prompted by a faster and more sustained buildup of non-debt creating foreign exchange inflows than currently expected, which together with the demonstrated effectiveness of liability management strategies, smoothened and lengthened maturity payments, would significantly lower external vulnerability risks.

Over time, the implementation of further significant fiscal reforms that markedly raised government revenue and improved debt affordability and thus fiscal strength could also prompt Moody’s to stabilise the outlook.

Moody’s would consider downgrading the rating if it were to conclude that the external and domestic refinancing capacity will not improve, and that Sri Lanka was likely to face difficulties in refinancing its domestic or external debt at affordable costs. Evidence that the implementation of key policies is not effective, including further fiscal consolidation, monetary policy independence from fiscal developments, diversification of financing sources or liability management would likely have a negative impact on Sri Lanka’s access to and cost of finance.

In particular, a marked weakening in reserve adequacy from already low levels, which could stem from a loss of investor confidence and thereby capital outflows, would put downward pressure on the rating. A halt or reversal in fiscal consolidation that raised prospects of a higher government debt burden and prevented the expected decline in gross borrowing requirements could also prompt a downgrade.

Media As Memory: Remembering 1983

Featured image by Raisa Wickrematunge

RAISA WICKREMATUNGE AND AMALINI DE SAYRAH- 07/26/2018

The flat, cardboard boxes are stacked almost to the ceiling. The neatly glued label of one of them is clearly visible when a door opens – briefly releasing a puff of air-conditioned chill before a librarian yanks it shut.

“Divaina” it reads.

Most people would think of the National Archives as their first stop when accessing historical records. The Archives contain an impressive repository of information, including thombus(land registers) dating back to colonial times. People looking to trace their genealogical history might visit the Archives, or researchers looking to browse through a collection of some 300,000 photographs, or documentary film footage.

Just a few steps away, the National Library keeps a stock of records that is equally fascinating, for those who’d care to search for it. There is a collection of ola leaf manuscripts in Sinhala, Pali and Sanskrit on display. The Intangible Cultural Heritage Collection includes folk songs, music and drama. A few of these are accessible through the National Library’s Digital collection, though it’s evident that this is very much a work in progress – many of the mp3 files don’t download, and some of the sections, such as for ‘Rare Books’, are empty. The Library is also home to audiovisual records and maps, Government publications, and a number of theses and dissertations.

On this occasion, Groundviewsis here for the Newspaper Collection. The National Library archives copies of newspapers dating back to 1976, in English, Sinhala and Tamil. This is what the boxes contain. The newspapers have been arranged in chronological order and neatly bound with twine.

What we are looking for are the ripple effects of an event familiar to every Sri Lankan, though few want to dwell on it – Black July.

View the full story, compiled on Atavist, here.

Editor’s Note: To view more content from Black July, click here.

Irfan Hafiz- The Indefatigable ‘Silent Fighter’ Whom The Nation Lost!

Irfan Hafiz

By Mohamed Harees –JULY 26, 2018

Lukman Harees

‘Nothing stops the man who desires to achieve. Every obstacle is simply a course to develop his achievement muscle. It’s a strengthening of his powers of accomplishment’– Thomas Carlyle

It was days ago that the nation received the distressing news of the sad demise of  Irfan Hafiz, a differently abled ‘keyboard warrior’ as he was referred to, about whom most came to know and discovered how talented he was, only fairly recently. It was not many months ago that  Irfan rose into prominence when the local media and social media highlighted his inspiring story- a silent fighter, who despite being completely bedridden suffering from a rare disease called Duchenne Muscular Dystrophy (DMD) for the past twenty six years, typed entirely on his iPhone with just the little strength in one finger and authored three books– Silent Struggle and Moments Of Merriment (Stories of children ) and another – his third  book Silent Thoughts. Sounds unbelievable and stunning! but it was true; a life episode of an amazing young man, who was God conscious, persevering and who never gave up amidst life’s hard struggles. The story certainly lifted many distressed hearts, raised eyebrows and provided many motivational lessons and a healing touch of renewed faith  particularly to thousands if not millions, of youth both in Sri Lanka and even beyond, who may be losing hope in a gloomy world with depleting opportunities for them to forge ahead. Irfan sadly lost his long battle with the disease and passed away very peacefully at the age of 37, having answered the Call from His Creator, leaving his fast expanding fan and admirer network in deep grief and extreme sadness. To God we belong; to him shall we Return. 

I thought of penning some reflections from a greatly uplifting life story of  Irfan, who has left an indelible mark in the annals of time, by surmounting many obstacles to reach an enviable pinnacle of achievement in the area of authorship and writing, of Himalayan proportions. 

Irfan, was born in Matara in 1981 and was the third child of eight children. His father Hafiz Issadeen  is a retired Principal, an administrative officer and an Editor of “Arumbu” Educational Magazine. Mr. Issadeen, the dad was an inspiring figure too, and did not give up on his mission to help others afflicted with this dreaded disease DMD. He was the president of Parent Project MD-Sri Lanka and was instrumental in organising the first ever National Muscular Dystrophy Parents Convention in Sri Lanka, at which event, all important latest developments in the medical research on DMD and other MD diseases were shared.

Irfan maintained a regular flow of motivational ideas and shared inspiring facets out of his hard struggle on his FB Page under the name ‘Silent Fighter’. They capture the immense struggles he has been going through which indeed are really inspirational. Some of them I wish to share here. He said,

‘Since it was informed that DMD had no permanent cure, my parents were going through a very complicated period. Our neighbours and relatives had started to drive us mad with their various suggestions and advice. My parents had no option but listening to some of those suggestions. I was taken to native doctors, spiritual healers and even to a sorcerer but every effort went in vain. I had to miss many months of schooling while I was getting treatment from a native doctor’.

‘I became chair-bound at twelve years old and since then my life became very boring and some kind of frustration crept in to my mind. My movements were restricted and the things I wanted to do became almost impossible. It made me very irritated. However, I did not realize that I had developed an inner frustration in my mind but it came out in my behaviour..’ 

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Basil disillusioned over collision course with Gotler leaves country !

(Lanka e News – 26.July.2018, 10.45PM) Basil has already secured the court permission in this connection . A spokesman for Basil revealed the latter has decided to be out of the country for 3 to 4 months.

Opposition in a quandary  - Is opposition  to become pro Rajapakse , democratic or extremists ?

The  controversy has deepened so much so  that they say openly , as the individual named by Mahinda Rajapakse is decisive , there is no   democracy .

In such  circumstances  there is no  political committee or district committee or family committee and it  is primitive without any democratic character. If  the name proposed by an individual is decisive , then what is fair and just about it?  Even in a family the decision is that of the mother and father  , and decision  of a single individual is not implemented .  If that is to happen  the inevitable result is divorce.  Even within a   death donation society formed by the villagers, there exists no such stupid tangles or struggles  for leadership.

No matter who says what , the opinion of the  Lotus  bud group that they have no truck with the Bandaranaike Radalayas (noble)is a positive sign of Democracy. If the SLFP is to rise again or as  Lotus bud  , it must show positive signs of going beyond the confines of democracy  which the UNP  has offered  to the people. Instead , seeking to glorify a single  individual and boost his image is a most primitive  move .Only a few in the opposition have understood that, others  believe only  in winning at coconut scraping   , and dashing  coconuts..

When  ‘Gotlers’ are trying to use retired personnel of the forces , and if the leader of the Lotus Bud Basil Rajapakse without facing  them is to leave the country allowing them to challenge those who are  even little democratic , that is certainly not going to confer even  minimum benefit on those who are pro democratic.

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by     (2018-07-26 17:47:45)

WHERE ARE WE HEADING?

2018-07-25

Where indeed is our country heading??? Capital Punishment has finally been introduced but to no avail!!! Murderers are NOT ENTITLED TO CAPITAL PUNISHMENT; taking the life of another does not warrant Capital Punishment in this country, only drug dealing does!!! While we applaud this long overdue Act being implemented, we cannot help but ask why Murderers are not included??? In the past, we had Capital Punishment here but it was abolished on the grounds that this was a Buddhist country and therefore it must be abolished!!! 

WITH ABSOLUTELY NO INSULT TO BUDDHISM, some of the wastrels think nothing of taking a human life, they deal in all kinds of treachery, rape, murder, drug trafficking, and other horrendous activities but when that happens, Buddhism and its precepts are completely forgotten or overlooked!!! We even had a HANGMAN in the days gone by, but that guy was also rendered jobless!!! Now we are calling for NOT ONE BUT TWO HANGMEN!!! WE WONDER WHY??? 

One of America’s former First Ladies Nancy Reagan had said: “I believe that people would be alive today if there were a death penalty.”  That is TRUTH INDEED!!!

Who is helping? 

Criminals must indeed be wondering why they stayed away from our PRISONS FOR SO LONG, IT IS SUCH A GREAT PLACE TO BE IN!!! WITH INCOMING CALLS, OVERSEAS FACILITIES AVAILABLE AND ONE SMART GUY NETTING IN RS. 20,000/- A MONTH WITH ONE MOBILE PHONE; IT REALLY MUST BE THE PLACE TO STAY!!! When so much Drug Activity is going on inside the Prison, how is it that none of the authorities has ever bothered to find out WHO INSIDE THE PRISON IS HELPING THE DRUG TRAFFICKING??? THERE IS NO WAY THEY CAN CARRY THIS OUT SO SUCCESSFULLY WITHOUT INSIDE HELP!!! Don’t the authorities realize that without inside help this operation cannot be the success it is??? As the ‘DAILY NEWS’ rightly says, just sending offenders to prison is totally counterproductive, they need to be rehabilitated and we say this needs to be done either by the Police or the Forces or someone who will brook no nonsense from them and, more importantly, someone who CANNOT BE BRIBED!!!

Donation Syndrome 

Touching on another subject that this column has constantly dealt with is EDUCATION!!! Now the Prime Minister says the “New Education
Standard Act To Be Introduced Shortly” please note again it is ‘Shortly’ nothing, absolutely nothing is NOW!!! First, how about paying attention to whether our children can get into a school or not!!! Whether the COLOSSAL DONATIONS THAT ARE DEMANDED CAN BE PAID OR NOT!!! THE EDUCATION DEPARTMENT MUST LAY DOWN A LAW SPECIFYING THE DONATIONS REQUIRED ACCORDING TO THE TYPE OF SCHOOL AND THE GRADE THEY ARE SEEKING ENTRANCE TO!!!IF THE SCHOOLS FAIL TO ADHERE TO THE EDUCATION DEPARTMENT RULES, THIS OFFENCE SHOULD BE PUNISHABLE BY LAW!!! This is something that should have been looked into a long time ago, particularly as it would have given the really poor children a chance to go to school!!! The village schools should be graded and donations fixed at a reasonable level so the poor parents don’t have to pawn everything they own to educate their children!!! How can we talk of ‘FREE EDUCATION’ in a country such as this???

The Big Mess

We seem to be going from one mess to another!!! Colombo and its environs are FILTHY DIRTY!!! Garbage dumping continues with absolutely no concern for the environment or the cleanliness of the city and its surroundings!!! People dump garbage without any concern about the unhygienic mess they are creating, they just can’t be bothered!!! It is always someone else’s problem to keep the city clean; most of them have no personal sense of pride in the way they dress, the way they walk, the way they talk, it is a typical ‘I DON’T CARE ATTITUDE’!!! THE WORST ARE THE BETEL CHEWERS AND EVEN MORE SO ARE THOSE WHO CONTINUALLY KEEP SPITTING REGARDLESS OF HOW UNHYGIENIC IT IS!!! We wonder if it has ever occurred to the Government to use the Forces to man the areas or even the entire city to curtail garbage dumping and also spitting!!! To do this effectively the Forces should be in civvies and be given the authority to impose on-the-spot fines or take the offenders to the nearest Police Station!!! Whether the Forces are occupied or not, they are being paid by the government, isn’t it; so why not put them to some good use??? LET THEM TEACH THEIR FELLOW CITIZENS TO BE PROUD OF THEIR COUNTRY!!!

Where are they?

How is it that ALL the unsolved mysteries have conveniently been pushed to the background??? WHERE HAVE ALL THE CULPRITS GONE TO??? WHAT HAPPENED TO UDAYANGA, MAHENDRAN, JALIYA, THE ONES BEFORE THAT, SHALILA MOONESINGHE, MALAKA DE SILVA, DUMINDA SILVA, I HAVEN’T GOT THEM ALL BUT THE PEOPLE OF THIS COUNTRY KNOW THEM ALL  AND LIKE ME, WANT TO KNOW WHAT HAPPENED??? Poor Thajudeen’s and Lasantha’s Murderers; what happened to them; are we even being told who they are??? Now they say that two CDs on Thajudeen’s murder are to be released!!! Can we ask where they were all this time and when, in the name of JUSTICE, are they going to be released??? Duminda is languishing in prison sitting out his life sentence; perhaps in 5 Star Comfort!!! Most of the political renegades are on PERMANENT BAIL!!! YES, THAT’S A NEW ONE, PERMANENT BAIL!!! If the President can roam the world while the country is in disarray, what are the people of this country expected to do??? Do we have a choice??? NO CHOICE AT ALL – MURDERERS OR CLOWNS!!! SO WE ARE TOLD!!! THEY ARE SKILLED AT COVERING UP THEIR MISTAKES, LACK OF GOVERNANCE !!!

The big little scam

There is a big little scam being carried out by the lower ranks and apparently, it has been going on for some time now. The bus conductors, the fishmongers, the vegetable vendors, and other small-scale operators are carrying out a right royal swindle!!! Apparently, if your bus fare is 40/- and you give a 50/- rupee note, you can kiss the balance 10/- goodbye!!! If there is a balance due to you on the fish or vegetables you buy, you can rest assured that you are not going to get that balance back; whether it is 5/- 2/- 1/- or even -/50 cents!!! The balance money is very adroitly tucked away and if you protest you are even told to leave your purchases and go!!! The attitude is WHY NOT IF THE BIG GUYS CAN DO IT, WHY NOT WE??? WHAT WORKS FOR THEM, WORKS FOR US TOO!!!

Hitler in Sri Lanka!

“The life of nations merely repeats, on a large scale, the lives of their component cells” – Marcel Proust

Thursday, 26 July 2018 

Usually the subject matter of a sermon, particularly if delivered at a domestic setting, is unlikely to catch the interest of the larger public. These are practices of the faith, private functions for the householder, his family and invitees.

It is the custom, particularly among the well-to-do Buddhists, to mark a personal milestone, like a birthday, with an almsgiving for the clergy followed by a sermon. After the departure of the monks, the gathering will be served a meal. There are professional organisers for such events, relieving the organisational burdens from the householder, provided he can afford the exercise.

This household was somewhat unusual in the sense that Gotabaya Rajapaksa, the householder, brother of the former President, although avowedly no politician and purportedly with no political organisation behind him, is widely considered a potential presidential candidate, to some even a certain winner at the next elections.

In an age when the bloodline is irrelevant for high office, when we all claim to be enlightened republicans, an appreciation of the South Asian ‘political mind’ is essential to understand this strange political phenomenon. In this part of the world, political vision and ability runs in the family; all for one, one for all!

To hold sway, this South Asian inclination towards family based politics, feeds on other social and psychological ingredients. Large numbers who can be described without offence from the public stage as “Dugi Duppath” (poor and helpless), habitual seeking of patronage and the waiting for handouts mentality are essential for the so called prominent families to predominate.


Family hegemony

When the vote was first introduced in early 20th century, the populace, unsure and uncomfortable in their new role, looked at powerful personalities in the area for guidance and leadership, inevitably turning electorates into family bequests. This family hegemony found legitimacy from many sources, including the top of the political leadership in the form of the Senanayakes and the Bandaranaikes who needed no encouragement to endorse family as a desirable political method.

Even at the other end of the political spectrum, those professing Marxism here; the anti-thesis of the feudal mind, denouncing the rotten system from every platform have also proved their “good family values”. Philip Gunawardena is said to be the father of Marxism in this country and founder of the political party, the MEP. His son Dinesh, now leads the party, perhaps there is a grandson waiting in the wings to “lead” the rump MEP.

To his credit, bloodline is not the only thing Gotabaya Rajapaksa can claim. He was one of the few who thought that the LTTE should be and could be defeated and with the wholehearted blessings of his President brother Mahinda, became the administrative lynchpin of the campaign against the terrorist group. The effort bore fruit. For sure, the psychology of family hegemony was the decisive factor in his effectiveness; no other individual would have had the license and the indulgence of the powers that be to that extent. For the family mindset, that filial connection is open sesame, invalidating or diminishing all else.

None before empowered the family as grossly as Mahinda Rajapaksa. During his tenure as President, brothers, sons, cousins and in-laws all became part of the Sri Lankan Power structure. Sirima Bandaranaike who is said to have nourished a family tree during her tenure as Prime Minster (1970-77), comes a close second, but in that era there were far less financial goings on while an active opposition and a more independent bureaucracy acted as a restrain on excesses. Most of the Sirima Bandaranaike appointees were independently endowed, and perhaps did not view public office as the ‘main chance’, in the manner the desperate ‘relatives’ of today view such appointments.


Gotabaya Rajapaksa

Gotabaya’s career as a high public officer, if it could be described as such, didn’t end with the war. There were more dazzling rewards awaiting him, mainly in the important area of urban development. Funding was available from the World Bank and he got down to work with an independence and power rarely seen in this country.

Some of the things accomplished were much needed and even laudable. To give him his dues, in a few years Gotabaya was able to transform the city of Colombo from a dirty, polluted metropolis to a much cleaner and liveable place. A serious attempt was made to discipline and regulate urban living, a drastic attitudinal change being a crying need for Sri Lanka.

Applauding Gotabaya does not mean to forfeit our critical faculties, especially in respect of the circumstances and the process of his public life. Projects/enterprises of a public nature are carried out in a larger context of competing social priorities, return on investment and accountability. Should a plush airport be built in your own District based on fanciful speculation or should that money be channelled into technical training for the younger generation? Do public works contracts go on fair tender or channelled to henchmen and relatives, establishing a sickening cronyism?

If the overall perception of the Sri Lankan State structure is that of one rife with corruption, nepotism and cronyism, however laudable individual actions within the structure maybe, they remain part of a rotten system. To gain perspective, Kaddafi’s Tripoli and Saddam Hussein’s Baghdad were impressive, well maintained ornaments of those regimes. These capital cities were also managed by a relative or a henchman of the respective ruler with unusual empowerment, and with access to more than adequate funding. However, the grandiosity of these cities didn’t make either Libya or Iraq good countries, or even fast-developing economies.

President Mahinda entrusted brother Gotabaya with other projects too, one being the struggling Apollo (Lanka) Hospital. Here is a task calling for other skills, effective application of modern medical methods, while keeping the organisation in the black, with gain for the stakeholders. As he was wont to, it is said that Gotabaya brought in Army officers to the front office. Apparently they were polite and as efficient as their training made them. But was the experiment a success as the core functions of a private hospital go? Are there no limits to family skills?

Presently, among the fastest-growing economies in the world are exotic places like Djibouti, Cote d’ lvoire and Ghana. For several years after the ouster of the primitive Taliban, Afghanistan recorded a double digit growth rate. Not that these countries had Gotabaya or P.B. Jayasundera clones as top bureaucrats. It is only natural that a post-war country or countries with a very low economic base can record high growth rates. Unfortunately, our country even in the immediate post war years, although recorded a higher growth rate than during the war years, was unable to reach a double-digit or even a more impressive growth rate than a relatively modest 7-8%. It is apparent that the faults besetting us are much deeper than thought of in our common philosophy


Weak grasp of history

For most of our history, India was the only world we knew. Not that our kings made regular visits across the Palk Straits; what they came to believe of India came mouth to mouth, several times hearsay, vague magical stories about the massive land across the waters. In nearly everything, spiritual as well as corporeal, India was our reference point. The wisest sages, righteous rulers, richest merchants and the prettiest damsels came from India.

The world has shrunk incredibly since. We have awareness of many more lands and cultures now. Our legislators pore over laws of other countries, as varied as the UK, South Africa, New Zealand and Hong Kong, referring regularly to unfamiliar ideas; the Latimer principles, Erskine May, conflict of interests, parliamentary decorum. Our doctors do their training in different countries, adopting the latest methods of practice as well as approach. In common conversation there are easy references to Lee Kuan Yew, Donald Trump, Bill Gates, Joseph Goebbels and even Hitler; distant and incredibly far-flung from the references of the days of the kings.

That reference to Adolf Hitler by a Buddhist priest at the Gotabaya residence was made in this context; a statement only accountable to a palpably weak grasp of that particular history. The German race is no laughing matter, they are among the best performers in almost every sphere of human endeavour; philosophy, technology, literature, music, sports. For many of our so-called elite, a state-of-the-art German car is confirmation that he has arrived.

Even under Hitler, that darkest period of their history, the Germans fought the combined forces of Russia, America, United Kingdom, and France among many others, to a near stand-still. For his aggression against neighbouring nations and the ruthless persecution of Jews and other races, Hitler is considered one of the worst villains of human history. But despite all the dictatorial powers he then commanded, there is no record of Hitler promoting his relatives to high State office.

In that priestly urging to Gotabaya, things are made almost painfully simple – be a “hard’ ruler and the country will zoom forward like a rocket. Put in another way, if only there was a tough leader, we would surely be the miracle of Asia! A hardworking capable race awaits in a richly-endowed land for that one leader, denied to them thus far!


The ‘Yahapalanaya’ exercise 

The ‘Yahapalanaya’ exercise has proved in the most disappointing way, the limitations of the human material we have; only distinguished by their big talk and small deeds. When the nation looked to a promised land, they find themselves in a morass of deceits and swindles, a government preoccupied with retaining power, busying themselves in petty deeds to enrich themselves and their families.

Will Gotabaya be the long-awaited deliverer? Is his life so gentle and the elements so mixed in him that nature might stand up and say to all the world – this was a man? Or will the nation remain true to its recurring theme of mediocrity, proving that people are differently wired, endowed in their own way? And upon facing the reality of inevitable failure, will he unleash his ire on the opposition and the media, accusing them of undermining the regime?

Hitler thought that his failure was brought about by fiendish Jewish plots. Sri Lanka is too small a pie for the Jews to conspire against. But it has never been too difficult for our leaders to find a scapegoat.