Peace for the World

Peace for the World
First democratic leader of Justice the Godfather of the Sri Lankan Tamil Struggle: Honourable Samuel James Veluppillai Chelvanayakam

Sunday, August 5, 2018

Shocking Discovery Under RTI Act On Death Of Two Jaffna Students  

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An enterprising effort by an investigative journalist using the Right to Information Act (RTI Act) to unearth the truth behind the killing of two University students in Jaffna as a result of the police shooting at them in October 2015 has resulted in a shocking discovery that the police explanations for the deaths were a string of lies and that particularly, the students had not been drunk, as claimed by the police.
Tharindu Jayawardene of Lankadeepa successfully applied for the post mortem reports from the Jaffna Hospital under the RTI Act which established that the police reports were false.  
The two students, 24-year-old Sundiraja Sulakshan of Kandarodai in Chunnakam who had been studying media at the Jaffna University and Nadarasa Gajan of Kilinochchi studying political science at the Jaffna University died in late 2015 after police shot them allegedly for disobeying orders to stop their motorcycle at a roadblock at the Kulappidi Junction. It transpired that Sulakshan had taken his friend for a social event the previous day had been returning on his motorcycle to drop Gajan off.   
The police had first tried to say that the deaths were due to an accident and then later claimed that the students had been drunk.  However, the post mortem report found no traces of alcohol in their systems and found also ammunition lodged in the body of the rider of the cycle, Sundiraja Sulakshan while the death of the other had been caused by a grievous fall. 
At the time, the Government Information Department declared that five policemen had been arrested in connection with the student deaths. After local protests, a special team from the Criminal Investigation Department (CID) conducted the investigation but it is not clear as to the status of the court proceedings in that connection.  The accused policemen were given bail late last year.
Trigger-happy law enforcement officers shooting anyone whom they see as errant roadusers on sight have been a major problem in Sri Lanka with several such incidents in the South as well, one being the shooting of Nawalage Kushan Thakshila Cooray (35) of Gampaha on 23rd October 2017.

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The Impact of Violence: Remembering Black July


MAATRAM- 
“When we talk of the 1983 unrest, the word ‘riot’ is used very often,” M Mayuran of the Mass Movement for Social Justice says.
“But that word is quite complicated. A riot is when a group of people in an area fight among themselves, indulge in violence and attack each other. But, the incidents which happened in 1983, or before, or after that were not riots. These were incidents where one group of people attacked another group of people who were the minorities…The politics behind these incidents will fade away when you use the word ‘riot’.”
Mayuran goes on to speak of continuous, sporadic attacks on minority communities in Sri Lanka, and the impact these have had not just on minorities, but also the Sinhala community.
Part of an ongoing series by Maatram on Black July.
To view more content marking 35 years of Black July, click here.

OFFICE OF MISSING PERSONS TO FUND SKELETAL EXCAVATIONS IN MANNAR



Sri Lanka Brief05/08/2018

The Office of Missing Persons has decided to step in to fund the excavations of a suspected mass grave site in Mannar ‘as long as necessary’, in the first major step by the permanent office to investigate and trace disappeared people in Sri Lanka in accordance with its mandate. The grave site currently under forensic excavation under the Sathosa building in Mannar has so far revealed the skeletal remains of 62 people since the mission began 48 days ago.

The decision by OMP follows a request made by the Chief Investigation Officer at the Mannar grave site, Judicial Medical Officer Saminda Rajapakshe, the Sunday Observer reliably learns.

“We had already granted funds for the excavation site project in Mannar and have expressed our willingness to support this endeavor in future too,” OMP President, President’s Counsel, Saliya Peris told Sunday Observer last night. The funds from the OMP will cover the basic costs of the forensic specialists conducting the excavations including transport, accommodation and other support services.

Speaking to the Sunday Observer, JMO Saminda Rajapakshe pointed out that while initially the investigation team had been provided accommodation, transportation and food by authorities from state-owned retail shopping chain, Sathosa, their needs were subsequently facilitated by the Ministry of Justice for a period of one month upon their request to the Ministry. “We never wanted to abandon the excavations. Hence, we requested OMP which is also a government related institution to finance the project depending on their capability. They have agreed to our request,” Rajapakshe noted.

Following the discovery of human remains on March 26 at the old Sathosa building in Mannar, further digging at the site was continued under the supervision of Mannar Magistrate M. Prabhakaran. The excavation of the site started on May 28. The excavated skeletal remains have been sealed and placed at the Mannar Magistrate’s Court complex.

There is no decision yet on when the remains will be sent overseas for carbon dating, in order to determine the time frame of the burials. Dr. Rajapaksa said the bones will be shipped to Florida in the United States for radiocarbon dating, once the Ministry of Justice approves the process.

According to Dr. Rajapaksa, the team had unearthed female and male skeletal remains as well as remains believed to be that of several children.

In August 2016, the National Unity Government passed landmark legislation to help thousands of families trace missing loved ones by establishing a permanent Office of Missing Persons. The Office came into operation earlier this year and has been conducting outreach programmes in several districts across the island including the war-affected North and East.

By Indunil Usgoda Arachchi/Sunday Observer 

Debt Trap and Mega Development


 2018-08-06
Sri Lanka’s foreign debt is again  talk of the town. Is the country overly indebted to China? Are we borrowing too much from international capital markets? Or are we financing ourselves into trouble with multi-lateral agencies like the International Monetary Fund (IMF), World Bank (WB) and Asian Development Bank (ADB)? And how do we assess the role of foreign financing for economic development?  

Economic growth and prosperity requires investment. And investment can either be funded throughsavings or borrowings. Investment may come from household savings in banks or taxes that are not used for recurrent state expenditure. If households do not save enough and the Government does not tax enough, then external borrowings must fund investment to increase production and employment. To avoid a foreign debt trap, the Government should impose adequate levels of taxation or, alternatively, ensure it is in a position to borrow from domestic private savings to finance national plans and related investment.  

At present, this story is complicated by past foreign loans that remain unsettled, which also require more foreign borrowings to make principal and interest payments. This is the debt trap that is worrying the country at the moment. How does the Government roll over past foreign loans? Is it by borrowing from international capital markets in the forms of sovereign bonds? Or bilateral donors such as China, Japan and India? Or multi-lateral agencies such as IMF, WB and ADB? 


China or capital markets

Sri Lanka’s accumulated external debt stock was at US$ 28.7 billion at the end of 2017, where market borrowings mainly of sovereign bonds accounted for 39%, and loans owed to ADB 14%, Japan 12%, WB 11%, China 10% and India 3%. In addition, many loan agreements in the form of Official Development Assistance have been made over the last five years with disbursements yet to be made for a total of US$ 9 billion. Of these undisbursed loans by bilateral and multilateral donors, and this does not include market borrowings that are not agreed to in advance, China leads the pack with 22%, followed by Japan and ADB with 19%, WB with 13% and India with 6% (Finance Ministry Annual Report 2017).   

It is easy to point fingers at regional powers that have contributed to Sri Lanka’s foreign debt problems, whether China, Japan or India. However, as I have previously argued, the biggest culprit is borrowings from global finance capital or the seemingly innocent international capital markets, which charge much higher interest rates.   

As evident from repeated financial crises over the last few decades – most recently in Southern Europe – the consequences of international market borrowings can be devastating. And yet, IMF, WB and ADB, want Sri Lanka to open its capital markets to global finance capital, which comes with the dangers of capital inflow and flight causing crises. IMF uses the stick of the Extended Fund Facility Agreement of 2016 towards that end, while ADB and WB use the carrot of hundreds of millions of US dollars in development assistance to expand capital markets—most recently, ADB’s Capital Market Development Programme (US$ 250 million) and WB’s Financial Sector Modernization Project 
(US$ 75 million).

While the data above speaks for itself, why is it that there is so little discussion of Sri Lanka’s market borrowings characterized by sovereign bonds? Is it because we like to believe we are at the centre of the world with China, India and the US fighting over us? Or have we fallen for the bias of Western and regional media, which paint Sri Lanka as a pit stop in the geopolitical game, and overlook the devastation that comes with neoliberal integration of capital markets.  


Funding for development

If mega development and trophy projects under the Rajapaksa regime pushed Sri Lanka deeper into a debt trap of foreign loans, the current Government is digging itself deeper by seeking mega development projects with international financing to increase GDP growth and shore up its external finances in the short-term. Here again, Chinese funded projects such as the Port City have been in the limelight, but projects by multi-lateral agencies face little scrutiny.   

The ADB funded Northern Province Sustainable Fisheries Development Project is estimated at US$ 174 million, with over a third of that amount being spent on the Point Pedro Harbour. Compare this with the Budget 2018 allocation of Rs. 150 million (less than US$ 1 million) to rebuild the Myliddy fishery harbour, currently underway in northern Jaffna. The Myliddy harbour is also more appropriate for the small scale fishing community in the North, rather than the Point Pedro harbour meant for large deep sea fishing vessels. Even more striking is that the ADB “project design advance” for consultants is US$ 1.59 million of which US$ 0.29 million comes from the Government. In other words, the consultancy fees for an internationally financed fishery project is higher than the total allocation for a national project to rebuild a major fisheries harbour, exemplifying the gravy train of funds for international consultants, perks for local officials and windfall profits for contractors involved in internationally financed development projects.   

A second example is the ADB water project for Jaffna, running into hundreds of millions of US dollars. An “interim solution,” on the order of US$ 80 million is required for a desalination plant to be built on the eastern coast of Jaffna to supply desalinated sea water at many times the cost of supplying river or tank water from the mainland to parts of the peninsula. 

The sad reality, according to many in Jaffna, is that we let rain water run into the sea and then use reverse osmosis to convert sea water into fresh water. Perhaps we have ambitions of becoming Saudi Arabia or Israel, but neither do we live in a desert nor are we that wealthy! Crazy as these development projects may sound, they are increasingly the norm in many debt-ridden countries at the mercy of multi-lateral agencies.  

The Story Of A Tamil Boy’s Revenge

[ Casuarina Beach, Sri Lanka; Phtograph via Wikipedia ]
Prof. Mahesan Niranjan
logoLast week, I was invited to a wedding in Bridgetown. My regular drinking partner, the Sri Lankan Tamil fellow Sivapuranam Thevaram’s son Samaanthiram was getting married. Thinking it was going to be a Hindu wedding, where rituals are performed around a fire, I turned up with a portable fire extinguisher. Such is the level of health and safety training I have been given in my day job.
Welcoming the guests and congratulating the bride and groom, Thevaram said “One thing we Sri Lankan immigrants struggle with is the concept of the `best-before’ date on food packages. To me, if it looks and smells edible, I eat; but to Manimekali (Thevaram’s wife), if it says best before day-after-tomorrow, we should have consumed it day-before-yesterday!” 
It wasn’t clear where he was heading, but he put me out of my misery when he continued: “Another area in which we struggle with `best-before’ is our culture. There are aspects of it we carry in the form of social structures and rituals, claiming these to be thousands of years old, but fail in attaching to them a `best-before’ date.”
“So, if we had stuck to these customs,” he said, addressing the young couple, “there would have been a priest, he would have lit a fire, jabbered ad infinitum in Sanskrit and you guys would have had to walk around the fire some even number of times. And if you get your count wrong, there will be a perfectionist aunt who will complain: “Now, that was odd!”
“What is your problem with Hindu priest, machan (buddy)?” I asked him later. “Rituals are harmless. Sanskrit sounds nice to the ear, there is deep meaning in it even if we don’t understand what it is and it is dead.”
“No priest. No, not when I am in charge,” he snapped, with a heavy emphasis on the I. 
It was clear there was more to it than what met my eyes, which I was determined to find out. So, after the wedding, we adjourned to the famous Bridgetown pub and I bought the first round of Peroni. Liquid in, story out!
There is a little island called Couragenagar off the north coast of Sri Lanka. Some fifty years ago, a ten-year old boy, half asleep in the veranda of his house, overheard a conversation between his father and a visiting uncle. You might easily guess that the young boy is Thevaram and the father, Sivapuranam. Uncle Crinkle-Bottom (not he real name, but I have synthesized a double-barrelled name to illustrate his social standing in the village) is a regular guest at their place who reports a summary of his daily activities to Sivapuranam. It was mostly monologue, and, whether the recipient shows the slightest interest in the topic being narrated or not was never a consideration.  It might as well have been in Sanskrit, as far as the eves-dropping young boy often wondered. 
That evening, Crinkle-Bottom was particularly jubilant. “We stopped the hotel project,” he shouted as he walked in, “the village Council has voted against it and the Government Agent has accepted their decision!
“How can they even think of building a hotel in this sacred place of worship?”
Now, the place of worship is the lovely beach in the village. An exceptionally nice sandy beach with shallow water just up to an adult’s chest, half a mile into the sea. A sparsely populated region with a few fishermen and occasional local tourists which included Sivapuranam and his kids who went swimming and seashell collecting on a regular basis. Uncle Crinkle-Bottom lived a couple of hundred yards from the beach. He was originally a rice farmer but, probably having taken on-line courses on entrepreneurship, recently developed himself into a wholesale rice trader.

MILITARY AND POLITICS: A SCENE WORTH WATCHING


Homeby Jayadeva Uyangoda-5 August, 2018

The relationship between Sri Lanka’s military politics is a topic that gets occasional media attention. However, there is hardly any serious scholarly work on the subject, despite the fact that maintaining a framework of balance in civil-military relations during and after the civil war has surely been a major policy preoccupation among the country’s civilian political leaders. This essay attempts to map out some key features of the recent dynamics in Sri Lanka’s civil-military relations.

As this essay will later suggest, the theme of civil-military relations also provide a new prism through which to view Sri Lanka’s contemporary politics in a manner substantially different from what we usually read in the media.

Viyath Maga

The topic of military’s role, or its absence, in Sri Lanka’s current politics has surfaced in a peculiar context. The emergence of a new political grouping called Viyath Maga, partly led by some very senior retired officers of the armed forces, to back the candidacy of Gotabaya Rajapaksa, the former Defence Secretary, to be Sri Lanka’s next president has aroused a great deal of interest and controversy. Rajapaksa himself is an ex-military officer. This group of officers was also in the forefront in the last phase of the war that crushed the LTTE’s insurgency and therefore, has built a reputation as ‘war heroes.’ They appear to think that because of their specific contribution to the defeat of the secessionist agency and the restoration of the island’s ‘sovereignty’, they have secured a special role to play in charting the country’s future political trajectories as well.

This feeling has been heightened by the insistence by the UN and powerful global states that Sri Lanka’s post-war peace building efforts should have a strong component of transitional justice and war-crime investigations. In this context, it is obvious that both, political and military leaders who led the successful counter-insurgent war against the LTTE have organized themselves as a lobby to protect their own interests, as individuals as well as a corporate entity. Sarath Weerasekera, the ex-Navy Commander, who became an MP at the parliamentary election of 2015, is playing the leading role in this effort.

However, what is new in the Viyath Maga campaign, of which Weerasekera is the main spokesperson, is that it has now launched a political campaign of retired military personnel. It is similar to a social movement, with an agenda to intervene in Sri Lanka’s forthcoming presidential and parliamentary elections. This is the main aspect of the issue that invites the interest of the political analyst.

Caution

A cautionary word is needed at the beginning, though. Sri Lanka’s armed forces and the judiciary are two public institutions that figure frequently in Sri Lanka’s media about their institutional role in changing the social and political landscape in the country. Other than mere reporting, the media does not seem to go deeply to analyze the important themes that such reporting highlights.

A major reason perhaps is the fear of unwelcome consequences of such analysis, which would be construed by the heads of those institutions as threats to their institutional autonomy. While one institution, the judiciary, is protected by some archaic practices arising from the belief that it is placed above critical public scrutiny almost as an institutional birthright, the other, the armed forces, operate on the assumption that any public scrutiny of its actions would amount to interfering with its functions of safeguarding national security. Thus, in this essay, I will be exercising a great deal of caution in my formulations and propositions, despite the fact that I am a political analyst by training and vocation.

New in Viyath Maga

What is it that the Viyath Maga movement has to command the attention of a political analyst? The main reason is that it constitutes an entirely new phenomenon in Sri Lankan politics that has the potential to re-shape the civil-military relations that Sri Lanka’s democracy has maintained throughout the post-independence period. It is also a development that has the capacity to alter the balance in Sri Lanka’s state structure, by changing the composition as well as the role of conventional democratic institutions of governance such as, the Cabinet, Parliament and the Judiciary.

In my view, leaders of all civilian political parties, from the UNP, SLFP and SLPP downwards, should draw their attention to this new development too, while fighting their intense and internecine electoral battles.

Background

Since independence, Sri Lanka has had a remarkable record of maintaining its institutional structure of parliamentary democracy, despite severe setbacks in managing ethnic relations, social conflict, and the welfare state. The development of a strong multi-party system, with two dominant parties, and the presence of a vibrant civil society, a widespread Left movement, an active trade union movement and a politically alert citizenry with a very high degree of electoral participation have been its key causes as well as features. The British tradition of strong civilian control of the military has also been a feature of Sri Lanka’s post-independence democracy.

This is also where Sri Lanka and India radically differed from Pakistan and later Bangladesh. In both countries, within ten years of independence, civilian governments were overthrown by politically ambitious groups of military officers, amid the failure of civilian political leadership to consolidate and institutionalize democratic governance.

Meanwhile, the two failed military coup attempts in 1962 and 1966 probably inaugurated a new thinking, even a consensus, among Sri Lanka’s civilian political leaders, both in and out of power, over one important point about managing the post-coup state in Sri Lanka. It is about how to keep the armed forces and the Defence Ministry under strict civilian control. How they did it so successfully is a theme that requires a separate essay and a fresh research programme. Suffice it to say that this bi-party consensus between the UNP and the SLFP on managing civil-military relations is a truly remarkable dimension of the survival of Sri Lanka’s democracy, even during the four-decade long period of two civil wars, starting with 1971. This is also a theme that has not received adequate attention or appreciation in Sri Lanka’s political science literature.

Post-2009 Shift

Meanwhile, a unique change began to occur in the nature of civil-military relations, not during the civil war, during which the military has expanded enormously in strength, but after the war when the national-security burden of the military became less salient.

This somewhat unusual phenomenon was marked by the emergence of the Ministry of Defence as a very powerful player in Sri Lanka’s post-war politics. The Defence Ministry continued to remain under the civilian President Mahinda Rajapaksa. However, its de facto head was Gotabaya Rajapaksa, the Defence Secretary, who happened to be the civilian President’s younger brother. Gotabaya Rajapaksa had of course become a civilian by that time, but his military credentials and military mindset made him more a military leader than a civil bureaucrat.

To state a long story in brief, what appeared during the years 2009-2014 was setting in motion a new political role for the defence establishment with a decisive role to play in Sri Lanka’s public policy, crucially in areas such asdefence, law and order, judiciary, foreign relations and diplomacy, education, urban development, cultural affairs, human rights and peace building.

It is the regime change of January 2015 that halted the consolidation of this unusual tendency in politics and governance in Sri Lanka’s post-war politics. Amidst all its dismal political failures, the yahapalanaya government of President Sirisena and Prime Minister Wickremesinghe should be given due credit, at least belatedly, for arresting this tendency with tact and care as part of their overall project of restoring democratic governance in post-war Sri Lanka. This is also a theme that warrants a research paper of substantive length.

Fonseka Phenomenon

Meanwhile, Sarath Fonseka, the military commander who led the successful ground war against the LTTE, constitutes another phenomenon that warrants analysis in relation to civil-military relations in Sri Lanka’s post-war politics.

Even when he was leading the war under the political and institutional supervision of the two Rajapaksa brothers, there were signs, particularly in 2008 and 2009, that the latter were cautious of the personal ambitions of Fonseka. By this time, Fonseka had acquired an enormous authority through the army’s role in the battlefield. There was even a joke among diplomats and journalists in Colombo that the three most powerful men in the country at the time were Sarath Fonseka, Gotabaya Rajapaksa and Mahinda Rajapaksa, in that order. The fact that soon after the war ended, the Rajapaksa brothers took the unprecedented and surprising decision to swiftly remove Fonseka from his powerful military leadership position and then to ‘disarm’ him by giving him a dubious promotion, tells us, in retrospect, that that decision probably had important political grounds of course mired in, or presented as, personal rivalries.

The Fonseka saga did not end there. It has had two very significant sub plots. The first is Fonseka’s decision to challenge President Rajapaksa at the presidential election of 2009. In that highly dramatic election campaign, what became highlighted were the personal rivalries and animosities between Fonseka and the Rajapaksa brothers. Fonseka’s candidacy received very strong backing of the UNP, the main opposition party and the opposition. He was the joint opposition challenger to the formidable incumbent President, Mahinda Rajapaksa. Towards the end of this highly acrimonious election campaign, there were signs, noted by only a very few journalists and observers at the time, that the UNP leader’s enthusiasm for ensuring Fonseka’s electoral victory was waning. And during the last two weeks of the election campaign, Rajapaksa campaign’s attack on Fonseka focused primarily on one point, the danger of a military government emerging in Sri Lanka under Fonseka’s leadership. There were also rumours in Colombo that the Ranil Wickremesinghe camp was feeling uneasy about the key role that Fonseka had assigned to a circle of ex-military officers, personally loyal to him, to organize not only the final phase of the election campaign, but also the task of making plans for the taking over of power after the election victory and even organizing the new government. The latter task Fonseka seemed to have initiated on his own, without consulting the UNP leadership.

These were of course rumours. They nevertheless point to the possibility that there probably was a last minute understanding between Mahinda Rajapaksa and Ranil Wickremesinghe that the winner of the crucial presidential election of 2009 should be a longstanding civilian political leader. This is of course a hypothesis the testing of which requires qualitative interviews with Mahinda Rajapaksa, Ranil Wickremesinghe and Sarath Fonseka.

How have President Sirisena and Prime Minister Wickremesinghe been managing the Sarath Fonseka phenomenon? When we look at it from the perspective of civil-military relations, an extremely interesting narrative can be constructed. The President and the Prime Minister seem to continue the old consensus among Sri Lanka’s civilian political leaders that politically ambitious ex-military officers should be kept under strict civilian control. Giving Sarath Fonseka the promotion to the rank of Field Marshal and then insignificant Ministerial positions, cannot but be elements of some shrewd political thinking on the part of both President Sirisena and Prime Minister Wickremesinghe.

What Next

This is the backdrop against which Gotabaya Rajapaksa’s current presidential ambitions are being promoted by an organized group of ex-senior military leaders who themselves have unconcealed political ambitions. It would be most interesting for political analysts to watch how President Sirisena, Prime Minister Wickremesinghe and ex-President Mahinda Rajapaksa – the three senior most civilian political leaders who also lead Sri Lanka’s three leading civilian political parties – would handle this emerging situation. 

Proposed new system to elect Members of Parliament

New draft constitution - Part 3

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By C. A. Chandraprema- 

(Continued from last Tuesday)

Under the proposed draft constitution, there will be no executive presidency and no more presidential elections. Hence the system of electing MPs to parliament becomes all important. Furthermore, changing the system of electing MPs to Parliament so as to ensure stable governments was the main precondition for abolishing the executive presidency because the present proportional representation system in 30 years of operation and seven parliamentary elections, had allowed a winning party to obtain a clear majority in Parliament only on two occasions. It is, therefore, vital to examine whether the system, proposed in the proposed draft constitution, will enable stable governments to be formed. The system of elections that the yahapalana government introduced last year at the local government and provincial council level have come in for a great deal of criticism because of the unstable administrations they give rise to.

Both the major political parties have been talking about electoral reform and it was actually the UNP government of 2001-2004 that set up the Parliamentary Select Committee on Electoral Reform under the Chairmanship of Dinesh Gunawardena. After years of deliberations, this PSC put out its interim report in 2007 outlining a system of elections which had been proposed to the PSC by Professor Sudantha Liyanage of the University of Sri Jayewardenapura.

This system was introduced at the local government level through amendments that were moved to the LG elections law in 2012 with the UNP and the UPFA both expressing agreement. The first local government election under the system thus put in place in 2012 was to be held in 2015, but the present government delayed it for three years and before they finally held the local government election, they once again changed the whole system of elections. Thereafter, they made similar changes to the provincial councils elections law as well but following the last LG elections, most of the political parties that helped pass these amendments to the LG and PC election laws are now against the system they put in place less than a year ago.

The proposed new constituency + PR

based system

Under the new electoral system proposed in the draft constitution, Parliament is to have a total of 233 MPs. Of this number, 140 will be elected from constituencies on the first past the post system. A further 76 MPs will be elected from the provinces according to the proportion of votes received by each political party. The national list which will also be elected on the proportional representation system will consist of 12 MPs.

The remaining five seats in Parliament will be allocated as bonus seats for the political party that wins the most number of seats. Once every fifteen years, the President is to establish a Delimitation Commission consisting of five persons appointed on the recommendation of the Constitutional Council, for the delimitation of electoral constituencies. The first such Delimitation Commission is to be established within three months of the coming into operation of the new constitution and its task will be to divide the nine Provinces into electoral constituencies. (Note that the electoral constituencies will not be based on districts as at present but on provinces.)

In creating the electoral constituencies, ethnic and religious differences are to be taken into account, and where the Delimitation Commission considers it necessary, they may create dual-member constituencies but these would have to be kept down to a minimum. In order to arrive at the number of MPs each province is entitled to, the total number of electors whose names appear in the registers of electors of all the Provinces shall be divided by 216. The number resulting from such division is the ‘qualifying number’. The total number of voters whose names appear in the register of electors of each Province shall be divided by the qualifying number to arrive at the number of MPs that each province is entitled to. If after division, the total number of members to be returned by all the Provinces ascertained by reference to the qualifying number turns out to be less than 216 members, the Province having the highest number of balance electors will be entitled to return one more member and so on until the total number of members to be returned comes to 216.

Political parties contesting in any electoral district (meaning province) will submit one nomination paper setting out the names of each candidate nominated in respect of each electoral constituency, and the names of additional candidates to be elected on the proportional representation quota in respect of such Province as is equivalent to the number of additional members to be elected from such Province increased by three. In order to ascertain the number of MPs each party is entitled to after a poll, the total valid votes cast in each province will be divided by the total number of members to be elected for that Province to obtain the ‘resulting number’. The total number of votes polled by each recognized political party and independent group within the Province, shall then be divided by the resulting number to arrive at the number of MPs each party is entitled to. If after this division, there are still one or more seats to be allocated, the party having the highest number of residual votes will be declared to be entitled to elect a member and so on until all vacancies are filled.

Another pure proportional representation system

The candidate nominated by the party that polls the highest number of votes in any electoral constituency shall be declared elected as the Member of Parliament elected from such constituency. In the case of dual member electoral constituencies, the two candidates who poll the highest number of votes, shall be declared elected. The number of MPs each province is entitled to return on the proportional representation quota will be determined by subtracting the total number of MPs elected from the constituencies from the total number of seats each province is entitled to.

The balance number of MPs to which each party is entitled to in each province on the proportional representation system shall be declared elected by the Elections Commission in the numerical order in which such names appear in the list furnished by the political party concerned. If any party by virtue of winning more electoral constituencies, has obtained more seats than the number of seats it would be entitled to according to the proportion of votes it got, that party shall be deemed to have been allocated such number of seats as is equal to the number of electoral constituencies it has won, and shall not be allocated any further seats out of the proportional representation quota.

After 216 MPs have been declared elected in the manner outlined above, the Election Commission will apportion the 12 national list seats in the following manner - the total valid votes polled in all Provinces by all parties shall be divided by 228 to arrive at the ‘resulting number’.

The total number of votes polled by each party within all Provinces, shall then be divided by the resulting number and the Election Commission shall declare the number of Members entitled to be elected nationwide from each such recognized political party and independent group. If any party has obtained more seats than its entitlement due to winning more constituency seats than its proportion of votes would entitle it to, the total amount of seats it has received in all Provinces shall be recorded as the amount of seats such party is entitled to.

In the eventuality mentioned above, the entitlement of the respective parties will be recalculated as follows – the total valid votes polled in all provinces by all parties shall be divided by 228 reduced by a number corresponding to the number by which any party had received seats in excess to their entitlement to arrive at the resulting number. The total number of votes polled by each party within all provinces, shall then be divided by the resulting number and the Election Commission shall declare the number of Members entitled to be elected nationwide from each such party.

The Elections Commission shall declare that each such political party or independent group is entitled to return an additional number of Members equivalent to the total number of Members calculated as stated herein, less the number of Members already declared elected from the lists of such party or group in the provinces.

After the declaration of the election of such number of members, if there are one or more seats yet to be allocated, such seats shall be allocated by reference to the residual votes to the credit of each party as well as the votes polled by any party not having any of its candidates entitled to be declared elected under this allocation. The party having the highest number of votes will be declared to be entitled to elect an MP and so on until all vacancies are filled. The Elections Commission shall declare elected Members corresponding to the number specified here, from the national list furnished by each party in the numerical order in which names appear in the list.

The party which secures the highest number of valid votes throughout the country shall be entitled to the remaining five seats as bonus seats.

The Elections Commission shall declare elected the five bonus Members from the national list furnished by such party in the numerical order in which such names appear in the said list, after accounting for any Members already declared elected from such list.

What we see from the above is that the new system of electing MPs to Parliament proposed in the draft constitution is a pure proportional representation system in all but name and not actually a hybrid ‘first past the post/proportional representation’ system as was proposed by the Dinesh Gunawardene led PSC in 2007 and introduced to the local government elections law in 2012. When the yahapalana government changed the local government and provincial council elections laws last year, what it did was to introduce a pure proportional representation system in place of the hybrid first past the post/ proportional representation system that everyone was hoping for. What would confuse most ordinary people is that the yahapalana government’s pure proportional representation systems are all dressed up to look like hybrid first past the post/proportional representation systems. Under the yahapalana elections system, there are territorial constituencies which elect representatives on the first past the post system. But thereafter, the proportion of votes the various parties obtain nationwide are calculated and the party that has won more constituencies is penalized by being deprived of seats on the PR system. In other words, the party that gets to the top of the greasy pole is pulled right back down.

Penalising the winner

What the system proposed by the Dinesh Gunawardene led PSC and introduced to the local government elections law in 2012 was a hybrid system where those who get to the top of the greasy pole by winning in the constituencies are allowed to retain their winnings while the others are ensured adequate representation through the proportional representation quota. How those who won more seats in the constituencies were allowed to retain their winnings was by subtracting the votes received by all those who win seats in the constituencies from the votes received by their respective parties when calculating the seats to be allocated on the proportional representation quota. From this it follows that the party that wins a lot of constituencies will have a lot of votes subtracted and will therefore get less seats on the PR quota. However the parties that lose in the constituencies will have all their votes counted when the PR quota seats are allocated.

In the system proposed by the Dinesh Gunawardene led PSC, pride of place was given to the constituencies and the PR quota was restricted to 30% of the total number of seats so as to ensure stable governments. However in the changes introduced to the local government elections law by the yahapalana government, the proportional representation quota has been increased to 40% and in the changes to the PC elections law to 50% - a situation that guarantees instability.

This is why so many political parties including those in the government are clamouring for the upcoming PC elections to be held according to the old PR system on the grounds that the old system despite all its faults, was more capable of providing for a stable administration. From our experience so far in relation to the changes wrought by the yahapalana government in the local government elections law, the PC elections law as well as the latest proposals made in the draft constitution, it becomes obvious that the only way out of this impasse is to go back to the system proposed by the Dinesh Gunawardene PSC.

In this regard the light at the end of the tunnel is that the UPFA and the UNP does have a history of having cooperated to introduce the Dinesh Gunawardene PSC’s proposals to the local government level in 2012. If this country is to have a system of election that guarantees stable governments, there will have to be an understanding between the two main political parties on this matter and they will have to disregard the unreasonable demands being made by the JVP and other small parties.

(To be continued)

Part II: National Export Strategy 2018-22: Introducing measurable physical targets


Prime Minister Ranil Wickremesinghe talks to Development Strategies and International Trade Minister Malik Samarawickrama at the launch of the National Export Strategy last month. Others from left are Export Development Board Chairperson Indira Malwatte, Geneva based International Trade Centre Executive Director Arancha Gonzalez and State Minister of Finance Eran Wickramaratne

logoThe story so far

 Monday, 6 August 2018


In part I of our analysis of the National Export Strategy or NES (available at: http://www.ft.lk/columns/Part-I--National-Export-Strategy-2018-22--Disrupt-the-economy-fast-if-the-goals-are-to-be-attained/4-659860), we commended the Export Development Board (EDB) for presenting a national export strategy (NES), though it was a belated product. It was pointed out that since NES had envisaged changing the country’s export structure for good, to attain that goal, the whole economy had to be disrupted. That was because Sri Lanka had been into a ‘complacent lull’ with respect to its mediocre achievements on the economic front in the past. Thus, if it was to change its course now, it was necessary to push it toward a stormy weather governed by an ‘economic gale’, as argued by the Austrian-American economist Joseph Schumpeter. These gales, known as creative destructions, are a must for an economy if it is to move forward.

However, they may harm some sections in society, which are unable to adapt themselves to the quickly changing environment. The danger in such a scenario is that the opposition coming from them may impede the progress on the achievement of the goals set in the strategy. Hence, it was argued that the new strategy should be carried forward by an effective leader – called a game changer –until the desired results have been achieved. It was, therefore, pointed out that the announced export strategy, which was simply a dream at present, should be converted to policy, policy to programs, programs to projects, and projects to implementing project units. In order to avoid conflicts, the need for making the export policy consistent with the national economic plan being formulated by the National Economic Council was also emphasised.

Trying for self-sufficiency is not a practical reality

Though self-sufficiency has been in a deeper place in the heart of many, it cannot be achieved by a nation to perfection. This is because a nation will have to buy many goods and services produced by other nations to satisfy its own needs.

In the case of Sri Lanka, fuel, machinery, transport equipment, raw materials for industry, and a very low amount of consumer goods have been in this list. Unfortunately, the total of this far exceeds the earnings of Sri Lanka by selling its goods to the rest of the world. As a result, there has always been a deficit between what it buys – called imports – and what it sells – called exports. In economics, this part of a nation’s transactions is called ‘visible merchandise trade’.

In addition to these visibles, a nation has to buy and sell services – called invisibles – from and to foreigners. Mainly thanks to growing tourism and transport sectors, Sri Lanka earns a net surplus from invisible trade. However, that is insufficient to set off the deficit in the country’s merchandise trade.

Sri Lanka’s external sector is in a precarious situation

Since Sri Lanka has borrowed a lot from foreign sources, it has to pay interest in foreign exchange. Foreigners have invested in its enterprises. for which they have to take away dividends and government securities and shares. for which they have to take away interest and profits. When these net payments are added, Sri Lanka’s foreign exchange deficit is close to its merchandise trade deficit. For instance, in 2017, merchandise deficit amounted to 11.6% of GDP, while the deficit in all the payments mentioned above was as high as 11.0% of GDP.

These are all economic transactions done by Sri Lanka with the rest of the world. Fortunately, it receives a huge amount of money from its citizens working abroad – known in economics as remittances. But that flow is stagnant at around $ 7 billion in the past few years. Further, they are also insufficient to offset the foreign exchange deficit arising from its economic transactions with other nations. The result is, again, a sizable deficit in its foreign exchange earnings – called the current account deficit in the balance of payments – and it has to be financed, either by borrowing, or attracting more foreign investments into its businesses or securities market, or by a combination of both.

Sri Lanka’s present choice: export or perish

This is the situation faced by Sri Lanka at the time its EDB came up with NES. Hence, the goal of NES should be to convert this deficit into a surplus. If it could be done, it has two added advantages.

First, when the country generates a surplus on goods, services and other incomes, it uses its resources for productive work, generating a new output of goods and services. It increases its growth rate, GDP, and the real per capita income of the people. It will help a country now struggling to move from a lower middle-income status to higher middle-income status, and eventually, if the growth trend is sustained, to a rich country status.

The second is when there is a surplus in the goods, services and other incomes, that surplus amounts to savings made by Sri Lankans as against foreigners. Right now, with a deficit in these transactions, it is a dissaving that reduces the country’s overall savings rate, needing foreign funds to fill the gap between desired investments and available savings. Hence, when a surplus is made in these transactions, that surplus would augment the available savings, enabling it to undertake a higher level of investments. Those investments, if productively made, will generate further economic growth, making it easy for Sri Lanka to join the rich country club, the avowed goal of the country today. Hence, the present choice before Sri Lanka is ‘export or perish’.

NES plans to increase selected goods and services

Today, foreign earnings are made not only through visible merchandise goods, but also through invisible services. Hence, a country at a certain stage is required to shift its attention to the promotion of invisible services, to supplement the earnings from visible merchandise goods. This strategy is crucial for Sri Lanka today. That is because with its resource limitations, it will find it difficult to increase its merchandise exports without bringing more imports as inputs. For instance, the garment industry in the country presently uses about 60-70% of imported inputs. Hence, increasing garment exports means increasing the country’s import bill as well.

As such, the greater potential for earning foreign exchange is provided by invisible services. Therefore, countries today speak of the exportation of both goods and services. In Sri Lanka’s case, in 2017, the export of merchandise goods brought foreign exchange earnings amounting to $ 11 billion. Services brought close to $ 8 billion, placing the total earnings from both sources at $ 19 billion. This amounted to 23% of GDPin 2017.

End of the period targets do not show growth orientation

NES has not come up with any indicative annual goals, or an explicit end-year goal for the export of goods and services. The Prime Minister, in his message, has loosely indicated that by 2022, the total exports will be $ 28 billion, meaning perhaps both the goods and services. The Minister of Development Strategies and International Trade, in his message, has indicated a target export level of $ 27 billion by the same year.

The difference may be due to some editorial oversight. If the higher figure given by the Prime Minister is accepted, the growth in the period 2018 to 2022 should be around 10% per annum on average, a jump from the historical average of 7% experienced by Sri Lanka. It is a seriously ambitious target. However, it scales down the share of export of goods and services in GDP from 23% in 2017 to 20% of the projected GDP of $ 135 billion in 2022.If the two numbers are believed, it is not an export growth that would induce economic growth as planned in NES.

The estimated decline in the share indicates that even in 2022, economic growth will come from the other parts of the national economy, and not from the promised boosting of the external sector of the country. If the export of goods and services is to deliver economic growth, which NES has branded as the next wave of growth, the target figure in 2022 should be more than $31 billion, an ambitious minimum average annual growth of 13% over the next 5-year period.

The challenge to make it growth-oriented will become more critical since the export performance in the first five months of 2018 has not been that impressive. According to the Central Bank data, exports have increased during this period only by 6.7%, requiring Sri Lanka to work harder to catch up the lost amount, if it is to stay on course with the targeted growth in the export of goods and services.

Absence of measurable annual targets is a serious deficiency

A medium-term export strategy has no meaning if it does not have measurable annual quantitative targets. The absence of such targets is a serious deficiency in the current NES. Perhaps the designers of NES would have thought that it is better to allow the market system to come up with physical results, once the facilitating environment is created for exports to take place.

Butthat strategy has a pitfall, because in developing countries where political authorities are revered as divine beings, civil servants break their necks to show that goals set by political leaders – which they sometimes visualise in dreams – are divinely blessed and reachable.

In Sri Lanka, there is a previous case where a senior civil servant announced a high growth rate for the year and the statisticians in the statistical bureau allegedly massaged the number to prove that the senior civil servant was correct (available at: http://www.ft.lk/columns/alleged-massaging-of-growth-numbers-should-a-credibility-restoration-exercise-be-launched-for-sri-la/4-233962). This is a pitfall which should be avoided at all costs.

Avoid pitfall of working backward to prove that leaders are correct

Since the Prime Minister has now indicated an end of the period goal, care should be taken not to work backward and prove that that goal is actually accurate. Therefore, it would have been a transparent exercise if annual quantitative goals are set in NES itself. Since this has not been done, the next available step is to incorporate them into the national export policy that has to be designed to realise NES. Then, the job of the game changer who has to take leadership in implementing NES becomes challenging. His work, which is not pleasant at all, involves monitoring the targets, conducting diagnostic studies when targets have not been achieved, taking appropriate corrective action to set the project on course with targets and continuously post-reviewing the entire policy framework in line with changing global developments.

As argued in the previous article, there are also game changing technologies that are being developed at a rate, and Sri Lanka may need to revise its NES completely to reflect the changing global environment for production and distribution.One has only to visit the website of the World Economic Forum or WEF to find the new list of such game changing technologies which are updated by it every year (available at: https://www.weforum.org/agenda/archive/emerging-technologies/). The list is long and is being added onto practically every day.

Six focus sectors to increase the number of new exports

Sri Lanka’s exports in the past had concentrated only in a few selected items. Before 1977, it was tea, rubber and coconut. After 1977, these three tree crops were taken over by garments and apparels. In the last 40-year period, no significant addition has been made to this list. Hence, NES has chosen six focus sectors for development, taking into the country’s current potential and global needs. They have some promise with two mature sectors, two emerging sectors, and two visionary sectors. The two mature sectors are the development of the country’s information technology plus business process management, and spices and concentrates. the two emerging sectors are the wellness tourism, and processed foods and beverages. the two visionary sectors are building boats, and electrical and electronic components.

In the next part, we will look at these six focus sectors more closely.
(W A Wijewardena, a former Deputy Governor of the Central Bank of Sri Lanka, can be reached at waw1949@gmail.com )

"Tighten the knot in one go"

L B Karunawathi
Pics by Kithsiri De Mel

2018-08-01

We all want to live a fruitful life during this short life of ours. But some don’t have the opportunity to ‘live life to the fullest’. Sri Lanka has struggled to reinforce the death penalty for a long time, but its ethical considerations have stood in the way. After the last execution, which took place in 1976, the death sentence handed to criminals in Sri Lanka in other words meant ‘rigorous life imprisonment’. However in 2004 the then Government once again decided to reinstate capital punishment for cases of rape, drug trafficking and murder following the assassination of High Court Judge Sarath Ambepitiya. Yet significant pressure applied by those opposing capital punishment has put decision making at a standstill. With the increasing rate of crimes and particularly the cases relating to drug trafficking, the Yahapalana Government is once again considering capital punishment as the ultimate solution for certain criminal offenses. Following the news about the enforcement of the death penalty, several people were willing to take up the post of executioner. L B Karunawathi, from Averiwatta, Katunayake, is one such person who has made a public statement conveying her willingness to serve in such a capacity.   
Speaking to the Daily Mirror, Karunawathi shared her views about capital punishment and why she wants to become an executioner. 
Capital punishment is the only possible way to teach them a lesson. As a mother I’m sad to see innocent young children sacrificing their lives because of these culprits

But it’s heart-wrenching to see incidents such as what happened to Seya Sadewmi and Vidya from Jaffna. I want to stand up for justice. Where are the people who gang-raped Vidya?

Back in the day we had to walk through an estate to reach school and we never encountered any problem. But today a woman can’t walk alone in an area like that
L B Karunawathi’s residence
 Q Tell us about yourself. 
I’m a mother of six children, but only five of them are living today. One of them contracted rabies after being bitten by a dog and died. Another child of mine is mentally challenged and I have travelled all over the country to treat him. But I failed. Now I spend time at home with my grandchildren.   

 Q  Why did you make such a controversial statement?
That is because of the crimes that take place today. We have never heard of such incidents in the past. Capital punishment is the only possible way to teach them a lesson. As a mother I’m sad to see innocent young children sacrificing their lives because of these culprits.   
 Q  So you are particularly interested in hanging people who abuse and kill children?
Yes, but I’m ready to hang every person who has done injustice to this country.   
 Q  Do you know of anybody who has committed such crimes?
No. But it’s heart-wrenching to see incidents such as what happened to Seya Sadewmi and Vidya from Jaffna. I want to stand up for justice. Where are the people who gang-raped Vidya? If it happened to one of my children I wouldn’t have been quiet like her parents. Parents send their children to school with much hope, but with these predators around, children wouldn’t survive, and it breaks my heart.   
 Q  What would you do if you get selected as the executioner?
I’m willing to take it up, but I know I won’t get it, considering the fact that I’m a woman, my age and other criteria that have to be met.   

 Q  Do you think a woman is eligible for this position?
Irrespective of gender, if a person has a strong mind to end the life of a person who has committed a grave crime, he or she should be given the opportunity. Even if I don’t get it, I would like to ask anybody who becomes the executioner to tighten the knot in one go and teach people a lesson.   

 Q  Do you think that enforcing the death penalty would reduce the crime rate?
Yes, I feel that by doing so people would fear committing such crimes. This is the ultimatum. We all want to live, but there are some people who live even after killing another. I believe that those people should be hanged.   

 Q  What do you think is the reason behind the increasing rate of crimes?
I think it’s because of drugs, alcohol and other substances that make people ‘high’. Another reason is technology. Back in the day we had to walk through an estate to reach school and we never encountered any problem. But today a woman can’t walk alone in an area like that. Those days we never heard of people arguing with one another. Life was very peaceful back then.   

 Q  One reason for children to face such unpleasant encounters is due to parents’ negligence. What is your message to parents and children?
Both girls and boys need to be watched carefully. Always keep them in your vicinity. They have to be a priority. On the other hand, children shouldn’t hurt their parents’ feelings. Be satisfied with what you have, study and fulfill their dreams.