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, November 25, 2018


Sri Lankan estate workers’ pay hike may not be sustainable, say planters

Mon, Nov 26, 2018, 12:57 am SL Time, ColomboPage News Desk, Sri Lanka.


Lankapage LogoNov 25, Colombo: Ceylon Workers Congress Vice President Kanapathy Kanagaraj says the plantation workers will launch a protest campaign tomorrow demanding the authorities to raise their basic daily wage to Rs. 1000.

The unions have planned to call the plantation workers to the main roads to engage in demonstrations from 10 am to 1 pm, the CWC leader said.

As a support to the estate workers' demand, the business in all the main towns in the plantation sector in central hills have agreed to close their shops for three hours from 10 am tomorrow.

Discussions have been held for the last time recently between the plantation owners and the trade unions of the estate workers recently at the Finance Ministry.


The issue has become an impasse as the estate workers demand to increase the basic daily wage to Rs. 1000 while the plantation owners say they can increase the basic wage only up to Rs. 600 and with allowances the pay will increase up to a Rs. 1000. However, the trade unions say they are not prepared to agree to a basic daily wage below Rs. 1,000.

A new Constitution to rescue country from political instability and economic stagnation


The main weakness of the present Constitution is the absence of separation of powers or checks and balances among the Executive, the Legislature or the Parliament, and the Judiciary

logoMonday, 26 November 2018

The purpose of this article is to point out the urgent need for a new constitution for Sri Lanka (SL) by analysing its faults and indicating the features to be included in it.

Present Constitution and political instability

It may be noted that it is mainly because of high inflows of Foreign Direct Investment (FDI) that the ‘tiger’ economies of South East and East Asia have prospered. According to UNCTAD, as of 2016, the stocks of FDI inflows in billions of USD to some of these economies, particularly of the ‘little tigers’ were: South Korea 185.0; Hong Kong 1,690.8; Taiwan 75.0; Thailand 188.7; Malaysia 121.6; and Singapore 1,096.3, whereas in the case of SL the stock of FDI by 2016 was only 9.7. FDI bring in locally scarce capital, technologies and global market access. There is also a need in a small economy like SL for FDI that produce (manufactured) goods and services mainly for export, as production for the small local market only cannot generate sufficient jobs and earnings for the country to prosper. These are the reasons for the great need to attract FDIs.

The main reason for avoidance of SL by investors is clearly political instability and the absence of security. In fact, the OECD Country Risk Classification for SL was previously 6 and currently 6; we are just behind war-torn Afghanistan, the risk classification of which was previously 7 and currently 7. Political instability in SL began in 1956, with the election of a leftist Government with preferential treatment for one local language and one religion. The result of this shift of power was the establishment of the Liberation Tigers of Tamil Eelam (LTTE), claiming independence for a Tamil ‘homeland’. They started a war in 1983, mainly in response to the anti-Tamil riots in that year; this war ended in 2009. The causes for the demand for a Tamil homeland, or the ethnic conflict, were never really examined properly and settled, even up to this date. Therefore, racial hatred, which has been simmering below the surface since 2009, erupted again in March 2018 in the Kandy area. So it is clear that foreign investors may fear that history could repeat itself, and affect the security of their assets and personnel. Even local investors may entertain such fears.
Weak Bill of Rights

Another cause of the ethnic conflict in SL was the absence of full recognition of the rights of the minority communities in the Constitution (“None of the three post-Independence Constitutions of Sri Lanka (1946- 48), 1972 or 1978 make any direct reference to the rights of minorities”, H.L. de Silva, QC, The Island, 18/10/2003).

There is a Bill of Rights in the Constitution (Chapter III). However, it is to be noted that the wording of Article 15 of the Constitution seems to allow some space to legally restrict these rights. Further, there is no clause in the Constitution stating that it is supreme, as in the South African Constitution which states in its Article 2, ‘The Constitution is supreme. All law is inconsistent with its void'. However, Article 16 of the 1978 SL Constitution states that ‘All existing law, written and unwritten, is valid even if it is inconsistent with the existing Constitution.’ The devolution of power to the provinces given by the 13th Amendment to the Constitution, passed in 1987, is also questionable due to the existence of the ‘concurrent’ list contained in it; actually the central Government has taken the opportunity of encroaching into the powers of the Provinces by using it. It is therefore apparent that the Bill of Rights in the Constitution is quite weak.
No checks and balances

The main weakness of the present Constitution is the absence of separation of powers or checks and balances among the Executive, the Legislature or the Parliament, and the Judiciary. The 1972 Constitution gave the Executive, i.e. the President and the Cabinet of Ministers, the power of appointment and promotion of officials of the Public Service (by its Article 55) which was hitherto managed by an independent commission. The 1978 constitution gave untrammelled power (Article 33) to the Executive/President over the Legislature/Parliament where passage of laws is concerned. The Legislature has power over the Judiciary (particularly when a law is tagged as being ‘urgent’ (Article 80. 3). The Judiciary, on the other hand, has no power to review laws passed by the Legislature (Article 4c), especially if the Chamber can command a two-thirds majority. Thus the Legislature and the Judiciary are subservient to the Executive, and may therefore not lead to stable democratic government; such a situation may also result in poor law and order conditions, as the Judiciary is not independent.
Gives rise to corruption

Apart from destabilising the country, the 1978 Constitution has also been responsible for deep-seated and widespread corruption (Corruption Perception Index 2017 Rank, Sri Lanka 91, Singapore 3, and Somalia 180, out of 180 countries). It is mainly the system of elections provided by the Constitution that is responsible for this state of affairs: the unit of Parliamentary elections is the larger District and not the smaller constituency under the previous system; therefore the campaign expenditure incurred by candidates may run into millions of rupees, and such funds are normally made available by persons with dubious earning records, like selling banned drugs. The urge on the part of most candidates who become Members of Parliament is to earn the money spent on their campaigns, by hook or crook, i.e. from allocated State funds or by resorting to bribe-taking even from investors. They are also often compelled by these crooked sources to influence the legislation passed. Parliament therefore may not always heed the needs of the citizenry and the country, especially since there is no insistence in the Constitution for them to be honest and upright, as in the Constitution of Pakistan. To make matters worse. the all-powerful President under the 1978 Constitution found ways of buying the loyalty of the MPs, by extending incentives such as spending opportunities for the ‘development’ of their constituencies, and issuing permits to import mostly luxury vehicles at state expense; these vehicles are often sold sometime later at inflated market prices, and the proceeds pocketed by them.
No regulation of political parties

Political instability and corruption are worsened by the absence of clauses in the Constitution for regulation of political parties, whereas in most European Constitutions there are references to the regulation of political party activities, including adherence to democratic principles, determination of organisational structure, proscriptions of parties with ethnic, religious, and regional/national identities etc. (Ingrid van Biezen et al, The Place of Political Parties in National Constitutions: a European Overview, 2009). This omission in the SL Constitution allows political parties to ignore democratic, organisational, human rights standards, and even the wishes of the people. For instance, most parties in SL are ethnic-oriented; party leaders often select candidates who can bring in funds (does not matter whether they are from legal or illegal sources) and basically on the ability to collect votes by resort to any means – false promises, bribes, or violence if needed. This omission in the Constitution, in addition, weakens the loyalty of the Members to the party; this is why they could easily fall prey to incentives to join other political parties.
No qualifications for MPs

To make matters worse, there is no mention in the Constitution as to the educational qualifications of candidates for Parliamentary Elections. It is obvious that MPs need to be educated to be able to carry out their main task, i.e. passing laws and formulating national development policies; this omission makes it clear why the Parliament of Sri Lanka has produced few capable leaders to guide the nation to prosperity.
Two executive centres

The 19th Amendment to the Constitution was introduced to reduce the excessive power given to the President by the 1978 constitution and to cut down on the dangerous dictatorial power created by the 18th Amendment. However, to make matters still worse, the 19th Amendment brought about two executive centres, in the President and Prime Minister, instead of one, making room for friction between the two, especially if they are from two different political parties and backgrounds, as in the case of the present political situation (Articles 30(1), 33(A), 43(3); Darshan Weerasekera, Fatal Flaws in the Sri Lankan Constitution, 2012). This article aptly likened this situation to appointing two Captains to guide the ship of State through the rough seas of political instability and insecurity, which drove away the FDI that could have made this country prosperous!
Results of the omissions

A serious consequence of the above-mentioned weaknesses of the Constitution is economic stagnation in this country. This is indicated by an examination of per capita incomes: in 2017 it was $ 3,842 in SL, whereas in Singapore it was $ 55,236, in South Korea $ 26,152 and in Malaysia $ 11,522, according to the World Bank. Therefore, a high level of poverty prevails in the country. According to the World Bank, those who earn less than $ 2.50 per day in SL in 2012/13, were about 32% of the total population, and the rural poor were about 85% of the population; these numbers may be higher presently, due to the higher price of essential consumables, and the many natural disasters like floods and droughts.

Another result of the low level of investment in SL, especially of FDI (the insignificant stock of $ 9.7 billion by 2016, some of it devoted to construction activities and not for production for export), and more specifically, the absence of a global economic orientation by this country, due to high import tariffs intended to protect domestic enterprises, is the sharp decline of export earnings: 13% of GDP in 2017, whereas it was 33% of GDP in 2004. This is the main reason for the build-up of external debts amounting to a massive $ 52 billion by 2017.

The world-renowned FDIs, which have entered the East Asian economies, especially China, and created large-scale export-oriented industries, have avoided SL. Therefore, there is an absence of such industries of such scale in the country, except in the case of the garments. Proliferation of industrial employment is essential for a small country like ours, as land for agriculture is limited. The inability to create such employment resulted in an excess of employment in the rural agricultural sector (26% of total employment in 2017). This has led to acute fragmentation of agricultural land (62% of holdings were less than one acre, according to the agricultural census of 2002) and encroachment of steep hill slopes as well as forested areas. The overall result is a drastic reduction of primary forest areas (2.6 % of the total land area, FAO, 2010) and of agricultural productivity (agricultural value added per worker in SL in 2017, $ 2,533 as against $ 18,124 in Malaysia and $ 22,703 in Singapore in the same year).

The political instability that has prevailed in SL from about 1983 has also driven hordes of SL technocrats and skilled people to leave the shores of the country (60,000 to 80,000 per year), mainly to more prosperous countries. As a result, according to the Department of Census and Statistics, there are nearly 500,000 unfilled vacancies, mainly in private firms, for skilled persons. Actually, there are a number of other shortcomings, besides skilled labour shortages, for the economic stagnation in SL, consequent on political instability; they are the poor macroeconomic policies of practically all Governments, the ineffective public service, the outdated system of education and vocational training, the low quality of physical infrastructure, the complex labour laws as well as rules/regulations, the high level of corruption, the poor law and order conditions, etc.
Features of a new Constitution

It is felt that these weaknesses can be overcome only if a new constitution is created. Some of the features of this new constitution could be as follows:

i.Abolition of the Executive Presidency.

ii.Separation of powers and checks and balances among the Legislature, the Executive and the Judiciary.

iii.A complete Bill of Rights conforming to relevant international covenants.

iv.Devolution of development power to the regions (districts, municipalities, town councils and village councils only, and not the provincial councils and the pradeshiya sabhas) with clearly set out powers.

v.Regulation of political parties, including clauses on financial control, qualifications of candidates for Parliamentary and Local Government elections, and an insistence that they do not resort to corruption or change of party loyalties, as well as a pledge that they would never incite racial and religious violence.

vi.An election system covering a mix of the first past the post and proportional representation, the area of the electorate being the smaller constituencies for parliamentary elections, and wards for local elections.

vii.A declaration that the new Constitution is supreme and all other laws are invalid if inconsistent with it.
Conclusion

It is now clear that the weaknesses of the SL Constitution have brought about political instability, economic stagnation to the country and poverty to its people. The inevitable conclusion, therefore, is that a new Constitution with the features mentioned above, and more specifically similar in all respects to those of the USA, India, and South Africa, is an absolute and urgent necessity to bring political stability and export-oriented investment back, to rescue the country from its massive external indebtedness and poverty. Otherwise there is a danger that SL may become a lawless failed state, like Somalia in Africa.
(The writer is a development economist.)

Presidential Election, The Only Way To Break The Current Political Impasse 

Rasika Jayakody
logoSri Lanka’s political crisis is far from resolved.
Although the United National Front (UNF), the Janatha Vimukthi Peramuna (JVP) and the Tamil National Alliance (TNA) have passed two no-confidence motions against former President Mahinda Rajapaksa and have demonstrated their majority via an ‘electronic vote’, the purported government, backed by President Maithripala Sirisena, continues to illegally hold office.
All 122 lawmakers supporting the no-confidence motion have filed a Writ of Quo Warranto in the Court of Appeal, in a fresh attempt to oust Rajapaksa and the members of his government. This process is likely to spark an intense and possibly lengthy legal battle. Two other motions seeking cut off budgetary allocations to the Prime Minister’s Office, occupied by Rajapaksa, and to all other ministries will be taken up before the Parliament next week. The motions, if passed, will further tighten the screws on the purported government and intensify  the fierce power struggle that has gripped Sri Lankan politics since October 26.
While the political crisis has now plagued every aspect of the country’s state machinery and plunged society into unchartered waters, we must not forget that it all started with actions of one man – President Maithripala Sirisena.
Sirisena triggered the crisis by appointing a parliamentarian who did not command a parliamentary majority as the Prime Minister, using a spate of unconstitutional and illegal methods. In doing so, the President brazenly violated the provisions of the 19th Amendment to the Constitution, which he himself presented to Parliament in April 2015. What’s worse, the reasons for the President’s actions, as he explained later, are largely personal and stem from seemingly unbridgeable socio-cultural and lifestyle differences between Sirisena and ousted Prime Minister Ranil Wickremesinghe.
At the centre of this crisis, therefore, is President Sirisena, driven by the deep bitterness he harbours against Wickremesinghe. As a way of resolving the crisis, Sirisena has explored the possibility of appointing another senior figure within the UNP camp as Prime Minister, in a direct snub at Wickremesinghe. This plan has proved to be futile with the UNP top-tier continuing to pledge full support to Wickremesinghe turning down all invitations for negotiations on back-door appointments. Sirisena insists he will never appoint Wickremesinghe the Prime Minister again, even if the latter commands the support of the entire legislature – in direct contravention of the 19th Amendment to the Constitution, and in an alarming sign of future course of action.
The Rajapaksa group’s exit strategy from the current impasse is  parliamentary election, which they hope will solidify the position of the former President. However, they face Constitutional barriers there, as they are barred from holding an election until  four and a half years into the term of Parliament is past, unless explicitly requested for by no less than a two-thirds in the House. The UPFA group’s first plan was to orchestrate continuous chaos in Parliament to force a resolution demanding an early dissolution and snap elections. However, it appears to be that the UPFA finally came to the realisation that their strategy of orchestrating chaos within the legislature is self-defeating and comes with a great political cost. Fence sitters from the urban middle class are already railing against the behaviour of UPFA MPs in Parliament and demanding more civilized conduct  from politicians.  It is against this backdrop that S. B. Dissanayake, a stalwart of the UPFA, publicly urged Sirisena to withdraw his call for the dissolution of Parliament and allow the current Parliament to continue its full term.
Despite these developments, there is an argument to be made for taking the vote to the people, by means of an election. An early dissolution of Parliament and snap General Elections go against the Constitution and Provincial Council elections will only be a futile exercise with little  impact on the deadlock in national politics. 

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Sampanthan's call for diplomatic intervention


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By Dr. D.CHANDRARATNA- 

We are surprised by the Opposition Leader's invitation to the international community to intervene in the domestic legal dispute in Sri Lanka. It is not in keeping with the dignity of the office of the Leader of the Opposition to extend such invitations, for any number of reasons that is understood in the new world order as best practice in international relations. He ought to know better that there are institutions, commissions and treaties, along with customs and state practice, concerning the inalienable and inviolable rights of all members of the international community. Although the unfolding of events in Colombo may be distasteful to all, the principle at stake is legality of the actions of the President, which matter will be decided by the Apex court in a civilized manner.

The situation in Colombo is strictly a domestic issue and we are dismayed by the extension of invitations to the so-called international community to settle the matter in favour of, not the country, but just one party. Why cannot Mr. Sampanthan and others have patience to wait until the court gives the verdict? If in the event the President was right, it is Mr. Sampanthan and Co who must bear some of the responsibility in trying to subvert the sovereignty of people, reposed in the Presidency through a hurriedly concocted 19A, pushed through a 'guided Parliament' adding a clause at the committee stage to override public concerns.

Although it is unlikely that any self-respecting member of the international community (the West) will do anything other than cause Sri Lanka some diplomatic embarrassment, and that again is if the current PM has his way to go for an early election. The one fact that is abundantly clear lies beyond the shores of this tiny island nation. It has nothing to do with good governance or democracy, but is related to the US bid to loosen the China’s grip on Asian nations. The opposition to the One Belt, One Road strategy is considered by the West as a ploy by the Chinese government to make inroads militarily under the guise of development aid.

The Leader of the Opposition is the third citizen in our democracy and his invitation to outsiders does not bode well for a non-aligned nation like ours. The superpowers behave always in keeping with their ideological and security assessments. International intervention in the past has always come dressed in legality. When countries intervened in the past they solicited invitations to bypass international laws. It will be of interest to our readers to know that the Soviets intervened in Czechoslovakia under the Brezhnev doctrine for fraternal military assistance to save their socialist system. President Lyndon Johnson invaded Dominica, because he was invited to save the American system of democracy. Those were the times that any invitation from an apparatchik for their kind of ideology was good enough to go in. These are unlikely in the modern age, yet Mr. Sampanthan must be careful not to deride the accepted principles of modern international practice.

I do sympathize with the Leader of the Opposition for the predicament that he is in, having entered into a coalition government in the hope of winning policy outcomes for his community. But before sectional advantages there are basic rights and minimum standards that all population groups must have through development projects. We must go for national priorities first, before group interests are met. That needs changing our institutions of governance and work towards enhancing the capacity of the institutions of governance to suit many pressures coming from globalization, technology, public expectations and changes to prevailing political values and beliefs. These are of paramount importance to avoid the kind of imbroglio that we are mired in. Inviting foreign diplomatic pressure can only put the national agenda further behind.

After the ‘coup’: Justice on a knife’s edge?

The illegal transfer of power on 26 October is starting to take a toll on high profile investigations and justice processes, lawyers warn, after a week that saw the attempted transfer of a top CID sleuth and the reinstatement of two main accused into active service 
By a Special Correspondent-Friday, 23 November 2018
logo
On Wednesday, the OIC of the Gang Robberies Branch of the Criminal Investigations Department (CID) walked into the Fort Magistrate’s Court to deliver his weekly progress report on a high-profile abduction for a ransom case.
The transfer of CID sleuth Nishantha Silva sparked an outcry which resulted in his reinstatement
 
Lt. Commander Krishan Welagedara, naval intelligence official and CID star witness in the abduction case of 11 youths
 
Welikada prison killings suspect IP Neomal Rangajeewa was reinstated at the Police Narcotics Bureau
 
IGP Pujith Jayasundara


The case is a political powder keg and last week OIC Silva, one of the CID’s top sleuths, found himself in the eye of the storm.

Eleven young men went missing from Colombo’s suburbs between August and October 2008. CID investigations, led by OIC Silva, have unearthed a gory tale about a mercenary abduction racket run by Sri Lanka Naval personnel, the ringleader of whom is the infamous Navy Sampath alias Chandana Prasad Hettiarachchi. He obtained his nom de guerre when he was working with a tri-forces intelligence unit allegedly tasked with the murder of Tamil National Alliance MP Nadarajah Raviraj in 2006.

For the better part of a year, the CID was on a manhunt for Navy Sampath, who was eventually apprehended in August 2018. The department’s investigation and affidavits from witnesses revealed that the key suspect was allegedly being harboured by then Navy Commander Admiral Ravindra Wijeguneratne. Wijeguneratne is now the country’s highest ranking military officer, serving as Chief of Defence Staff (CDS). His alleged involvement in harbouring the fugitive Navy Sampath set the CID on a collision course with the top military official.

The CID pushed hard for an opportunity to question the Admiral. Fearing the interrogation would lead to the arrest of his CDS in September this year, President Maithripala Sirisena packed the officer off overseas and pitched into the CID and the Attorney General for arresting military officers in the course of their investigations without building enough charges to indict them in court.

Refusing to back down, the CID has stubbornly pursued the case. The department shelved the interrogation of Admiral Wijeguneratne for a few weeks, quietly gathering more evidence against the official’s actions including the alleged transfer of half a million rupees into Hettiarachchi’s account from a discretionary fund operated by the Navy. 

But pressure is building on the CID investigating team by the Fort Magistrate Ranga Dassanayake to question Wijeguneratne and produce him in court. At the last court date, the Magistrate told the CID to be prepared to produce the high-ranking officer in court within two weeks or provide an explanation about why they were flouting court orders.

Investigations into the abduction of the 11 boys began in 2009 but picked up steam only after the defeat of President Mahinda Rajapaksa in 2015. OIC Silva is also leading other key investigations at the CID, including into the assassination of The Sunday Leader Editor Lasantha Wickrematunge, the abduction and assault of The Nation Deputy Editor Keith Noyahr, the disappearance of Prageeth Ekneligoda, the attack on Rivira Editor Upali Tennakoon and others. Investigation trails on many of these cases have led to high ranking military officials who served during President Rajapaksa’s tenure and in some cases, to the former Defence Secretary.

It is in this backdrop that Silva’s lightning transfer was set in motion last Sunday  night. IGP Pujith Jayasundera issued the transfer order in writing, dispatching Silva to the Negombo Division on the basis of a “service requirement”.

The transfer raised eyebrows both locally and internationally, given the portfolio of cases OIC Silva handles at the CID. Most of these crimes are emblematic of the impunity for attacks against political dissidents by shadowy sections of the military which enjoyed patronage and protection from sections of the former ruling regime.

For 24 hours, Silva’s transfer orders dominated the news cycle.

During a month-long political crisis, parties to the conflict had focused on waging a political battle, in Parliament and the Courts. Silva’s transfer was the first indication that the illegal transfer of power on 26 October was moving beyond the political realm.

Human rights activists and lawyers raised the alarm that the de facto Sirisena-Rajapaksa regime was consolidating its grip on power by dismantling justice processes that had been slowly but surely moving over the past four years. 
Public pushback
Silva’s role in probing attacks against journalists drew wide support for him in the media. Complaints were lodged with the National Police Commission, which has sole authority over all police transfers, and the commission sought an explanation from the IGP about the reasons for the sudden transfer. 

OIC Silva’s lawyers were preparing briefs to take the matter to court. 

The daughter of slain editor Lasantha Wickrematunge, Ahimsa, wrote a strongly-worded and poignant letter to President Sirisena, issuing a character certificate for the CID officer who had flown to Australia to question her about her father’s murder.

With pressure mounting and insidious motives being attributed to the transfer, IGP Jayasundera reinstated OIC Silva at the CID within 24 hours. In a letter to Defence Secretary Hemasiri Fernando, the IGP explained that the transfer had occurred on the orders of President Sirisena. In the revealing letter, IGP Jayasundera informed the Defence Secretary that he had received a telephone call from the CDS on 16 November, informing him of a discussion about OIC Nishantha Silva having LTTE links, which had taken place at the National Security Council meeting on 13 November. The very day he received the phone call, IGP Jayasundera wrote to Senior DIG CID Ravi Seneviratne, requesting a report about the officer.

Now in the public domain, the response from SDIG Seneviratne, in a letter dated 18 November, was to stand steadfastly with OIC Silva, who he said was an exemplary officer with an excellent record for pursuing criminals and securing convictions. 

Insisting that the allegation of Silva being linked to the LTTE was malicious and without basis, SDIG Seneviratne said there were no intelligence reports or other evidence to justify this claim. SDIG Seneviratne also accused the CDS of making the allegation and said the aspersions cast on OIC Silva were an attempt to influence investigations being conducted by the CID sleuth. He also went one step further, saying it was clear that the conduct of the CDS was an offence punishable under the Victim and Witness Protection Act.

In his letter to the Defence Secretary, IGP Jayasundera wrote that despite this report by SDIG Seneviratne, he transferred OIC Silva on the orders of President Sirisena on 18 November. President Sirisena’s Ministers have denied he issued the order at a ‘Cabinet’ press conference yesterday.

On Monday (19), Silva and other senior officials of the CID met with a top Defence Ministry official. During the meeting, both Silva and CID Director Shani Abeysekera were offered promotions to move out of the CID. Both officers turned down the promotions, insisting they would take transfers given to them to any local police division instead. They told the official that cases they had been painstakingly working on for years would effectively be closed once they were transferred. The CID officers also expressed deep dismay at the willingness of the political establishment to so readily believe the allegations made by an accused – the CDS – in a case against the investigating officials. In fact, branding Silva “LTTE” is grossly unjust, CID sources say, because the officer has been instrumental in dismantling Tiger intelligence networks and led investigations into bomb explosions targeting VVIPs in Colombo. Out of 61 LTTE cases Silva has worked, he has already got convictions in 31 with other cases pending, the sources added. Furthermore, Silva’s immediate family has a long history of service in the country’s armed forces.

Hours after the meeting between CID officials and the top defence official, the transfer orders were revoked. Official notice from the IGP arrived on Tuesday (20), but the letter was backdated to Monday (19).
Troubling turn
While Silva and the CID may have won a temporary reprieve, other disturbing developments have unfolded this past week.

Sri Lanka Navy Lt. Commander Krishan Welagedara is the CID’s star witness in the navy abductions case led by OIC Silva. The naval intelligence officer testified that he had encountered the abducted boys at a naval detention centre named ‘Gun Site’ at the Trincomalee naval base. Welagedara’s testimony has helped the CID to ascertain the boys’ last known location and piece together the gruesome manner in which they may have met their end. His testimony led to the arrests of several senior naval officers including Commander Sumith Ranasinghe and Commodore D.K.P. Dassanayake in connection with the abduction racket.

Commander Ranasinghe is the main accused in the high-profile abductions case, accused of holding the young boys at Gun Site, allegedly at the request of the ringleader Navy Sampath. Despite evidence surfacing about his involvement in the abductions case, Sumith Ranasinghe was granted a promotion to the rank of commander in 2016 and is currently out on bail in the same case.

After he became a star witness for the CID while still serving in the Navy, Lt. Commander Welagedara was provided with a security detail on the instructions of the President. The witness has already reported receiving threatening phone calls, allegedly from Commander Ranasinghe over his decision to tell the CID his story.  

Last Monday the Navy Commander ordered the immediate transfer of Commander Sumith Ranasinghe back to Naval HQ, Colombo. Commander Ranasinghe has been appointed Director of the Directorate of Naval Land Operations (DNLO), highly placed sources told Daily FT. All security personnel assigned to protect Lt. Commander Welagedara will now report directly to Commander Ranasinghe – the main accused in the case – as Director of DNLO. As commanding officer at DNLO, Commander Ranasinghe will now have access to information about all Welagedara’s movements, sparking fears about the safety of the witness.

On Wednesday, the IGP also reinstated IP Neomal Rangajeewa at the Police Narcotics Bureau. Rangajeewa, together with Prisons Commissioner Emil Lamahewa, are main suspects in the case involving the gruesome killing of 27 inmates at the Welikada Prison in 2012. Investigations into the case revealed that IP Rangajeewa had been at Welikada on the day of the alleged massacre, with a list of prisoners believed to have been marked for death. IP Rangajeewa was arrested in March 2018 and finally obtained bail from the Court of Appeal in September.

The move was a threat to families of the aggrieved and their quest for justice said Senaka Perera, a lawyer for victims of the Welikada prison killings whose clients are alarmed by the reinstatement of IP Rangajeewa. 

The Committee to Protect Rights of Prisoners headed by Perera will now file a petition with the National Police Commission against the reinstatement, Attorney Perera said, adding that his clients were now concerned investigations into the Welikada case would be stalled. 

“War heroes and policemen cannot enjoy impunity from crimes” he stressed.

Activists worry that the developments of the past week could have long-term impacts for similar key investigations and the change of the political guard could mean a major roll-back of processes to get justice for victims of heinous crimes committed with impunity in the recent past.

“Watch closely,” tweeted human rights lawyer Deanne Uyangoda, upon news breaking of IP Rangajeewa’s reinstatement at PNB. “The scaling back on accountability and ensuring recurrence of violence and impunity has only just begun.”

PARLIAMENT

With income tax reduction from 28 percent to 14 percent

Five year tax exemption on agro industry

Camelia Nathaniel and Amali Mallawarachchi-Saturday, November 24, 2018

In order to promote agricultural production in the country for exports and consumption purposes, the government has decided to provide a 5 year tax exemption to agriculture based small and medium industries. In addition, the annual income tax rate on processing industries using local agricultural commodities are to be reduced from 28 per cent to 14 per cent.

Further, as measures to ease the serious hardships to small holder business operations, it is proposed to raise the threshold for the application of ESC Economic Service Charge from Rs. 12.5 million per quarter, to Rs.50 million per quarter.

These relief measures have been taken on the instructions of the President and the Minister of Finance and Economic Affairs, are aimed at providing highest priority to agricultural development.
Accordingly, the government is of the view that every effort should be taken to make use of the 2018 /19 Maha cultivation season as a new beginning.

Therefore, agricultural income generated specially by small scale entrepreneurs in the cultivation of any agricultural produce such as tea, spices, coconut, rubber, paddy, fruits, vegetables, etc., are to be exempted from income taxation for a period of 5 years.

With the introduction of several changes to the tax system by the previous government, Sri Lanka’s business community, particularly the small and medium entrepreneurs, those engaged in professional and other services and agricultural activities, have been confronted with complex taxation and heavy tax burdens. In addition to the imposition of high income taxes on wage income and other remunerations, interest and rent incomes, tax burdens had also increased through high tax rates and reduction in tax free thresholds for the implementation of Value Added Tax (VAT), Nation Building Tax (NBT) Economic Services Charge (ESC), withholding taxes, etc. People are looking for a simple, broad based, low tax rates, a transparent tax system and a simplified tax administration. Such a system of taxation is important to provide an environment conducive for doing domestic business in the SME sector, professional and other services and agricultural activities. While formulating a simple tax system takes some time, Prime Minister Mahinda Rajapakse, Minister of Finance and Economic Affairs, proposes at this stage to introduce some specific measures towards providing incentives that would enable SMEs and small sector business activities to revive rapidly.

Furthermore, the climate has become extremely favourable for full scale cultivation of agricultural crops in both the plantation sector as well as non-plantation agricultural activities such as paddy, grain, fruit and vegetables and as such, the government has already taken measures to reduce fertilizer prices, write off interest and penalties of agricultural credits and reduce income tax rates on agricultural income by such entrepreneurs.

The President and the Minister of Finance and Economic Affairs are in complete agreement that the highest priority be given to agricultural development and accordingly, the government is of the view that every effort should be made to make use of the 2018 /19 Maha cultivation season as a new beginning to raise agricultural production in the country for exports such as tea, spices and other exportable crops as well as for domestic food consumption and for industrial raw materials. In this context, full scale cultivation using all cultivable land and increase in agricultural productivity to get maximum yields would be incentivised.

Therefore, following measures are proposed for implementation:

a. Agricultural income generated specially by small scale entrepreneurs in the cultivation of any agricultural produce such as tea, spices, coconut, rubber, paddy, fruits, vegetables, etc., to be exempted from income taxation for a period of 5 years.

b. Income tax rate and profit on processing industries using local agricultural commodities to be reduced from 28 percent to 14 percent.

These two proposals would encourage entrepreneurs in agriculture to engage in cultivation activities and increase the supply to local processing industries and improve the market supply for both export and domestic consumption. It also noted that several tea factories are operating below capacity as local production is not adequate and therefore it is important that tea production be increased as a priority.

c.The previous government has increased the ESC from 0.25 percent to 0.5 percent and reduced threshold level to Rs.12.5 million. This had imposed serious hardships to small holder business operations. Therefore, it is proposed to raise the threshold for the application of ESC from Rs. 12.5 million per quarter to Rs.50 million per quarter.

d Recognizing the priorities attached by this government to environmental friendly renewable energy sourced power generation, it is proposed that expenditure on the transition to renewable energy sources including the installation of solar panels, tea, rubber, coconut, rice and other agricultural processing factories be recognized as deductible expenses in the computation of taxable profits.

e.In view of the setbacks in economic activities during the past 3 years owing to sharp reduction in private sector credit facilities, high interest rate policies, high taxation at all levels, many entrepreneurs, particularly those who engaged in household level businesses and small and medium sized businesses, have not been able to service their borrowings from banking and financial institutions on a regular basis. As a result, not only the borrower, but also their guarantors have been listed as defaulters in the Credit Information Bureau (CRIB) which has led banks to curtail or suspend credit facilities to such borrowers and guarantors. It is in this background that the Economic Revival Package announced on November 1, 2018, included extending support to the farmers and small paddy millers by way of writing off the interest and penal interest on loans taken during the last 3 years, up to a maximum of Rs.50 million from commercial banks.

While accelerated support was provided to the agriculture sector enabling them to seize the good weather conditions, it is acknowledged that other sectors including Tea small holders, SME’s in construction, apparel, manufacturing, etc., are also faced with a situation in which their growth has been stymied with lack of access to markets, credit etc. In this context, the Treasury has already been directed to design a package that would support SME entrepreneurs in the short run to be able to access finance and revive their businesses.

f. As a relief to the consumers, taxes on Watana would be waived/removed by Rs. 10 per Kg. In addition, the government has already reduced fuel prices and taxes and prices of several other commodities, to reduce the cost of living, particularly, for low income families, according to a Statement by Ministry of Finance and Economic Affairs.
****
UNF will form broad coalition:Dr. Senaratne

The UNF will form a broad coalition and its name and logo would be unveiled at an elaborate ceremony very soon, said UNP MP Dr. Rajitha Senaratne.

He said so addressing a media briefing held in Parliament yesterday. “We challenged the UPFA to show at least 85 in their favour, but they were unable to do so. By next week, we would show them a majority of over 122. Due to International pressure and internal pressure by intellectuals and the clergy, the government has fallen into immense trouble. Today, they were well behaved as they had no other choice. This is the first time that I have seen a government group walking out of Parliament. This is a historical victory,” he said.

Meanwhile, MP Sajith Premadasa said that this illegal administration should be dissolved immediately. “We have to bring in a Prime Minister and Government that has a majority in Parliament. We have to bring in stability and ensure that we have a diligent and conscientious approach to ensure social and economic prosperity to the people. That is of utmost importance. Every time a clock ticks, a modern time bomb is created and with its explosion, millions of Sri Lankans would be left destitute.”

When questioned as to what solution the UNP had in order to resolve this crisis, Premadasa said so far no solution had been reached, but as a first step, the UNP had shown that they have the majority.
 He expressed hope that those taking decisions would have the intelligence and need to take proper decisions for the betterment of the country.
****
State Officers duty bound to carry out Govt. orders:Minister Gunawardena
Dharma Sri Abeyratne

Internal Trade and Investment Promotions Minister Bandula Gunawardena said that State officers are duty bound to carry out the orders and directives of the government.

State officers would not be affected by carrying out orders issued by the government when those officers work within the provisions of the Constitution, he added.

“They will not be trapped by carrying out the orders of the government as they work within the provisions of the Constitution,” he added.

Minister Gunawardena was addressing the media and government officers of the Import and Export Control Department in Colombo, yesterday.

He further said that ministers have been appointed under the provisions of the Constitution by the President. However, if there is any doubt about such appointments, anyone could go before the Supreme Court to get an interpretation concerning such ministerial appointments.

Addressing further, he refuted the allegation levelled by the Opposition that there was no Government nor Prime Minister and no Cabinet in the country.

“If there is no government, we say that there won’t be a parliament,” he said.

Minister Gunawardena questioned as to who were responsible for the issues face by the government officers, if they do not carry out orders issued by the government.

“If the Import and Export Controller does not carry out the orders of the minister, the Institute would collapse. Government officers would not fall pray by carrying out the orders of the responsible Minister who had been assigned within the provisions of the Constitution,” the Minister added.

Namal Baby’s Twitter Trolls Spread Fake News Targeting TNA After Fourth Defeat In Parliament


Pro Rajapaksa websites and Twitter trolls have turned their guns on the Tamil National Alliance whose 14 MP bloc has voted to defeat fake Prime Minister Mahinda Rajapaksa in Parliament four times and remain unwavering in their determination to defeat the October 26th Coup.
CMC SLPP councillor Senani Samaranayakewho is a former SriLankan Airlines stewardess of dubious fame after Namal Rajapaksa ‘outsourced’ her services at the Presidential Secretariat while getting the bankrupt national carrier to foot the bill has attacked TNA MP M. A. Sumanthiran on Twitter using a video of Friday’s parliamentary sittings out of context.
“UNP’s new boss Sumanthiran behaviour in parliament” Senani tweeted highlighting the video which shows Sumanthiran leaving his seat to go up to UNP MP Lakshman Kiriella and gesture wildly at him after 122 MPs voted against Rajapaksa for the fourth time to wrest control of an important parliamentary committee that will decide business of the House. While it appears that Sumanthiran is expressing some emotion as he explains something to Kiriella the story is far from the version of the truth Senani and other members of the Namal brigade are spinning to discredit the TNA MP. The text in the video also claims Sumanthiran abused Kiriella “in filth”.
After the Speaker of Parliament took an electronic vote on the composition of the Committee of Selections in Parliament, while allowing five MPs whose vote had not registered on the electronic system to vote by name, Lakshman Kiriella rose to request another vote by name. Kiriella said his party wanted MPs to stand up and cast their votes by name “for the whole country to see” the majority against Rajapaksa.
The Speaker agreed to do so if a majority of Members wanted it but continuously explained that the electronic voting system was adequate, but Kiriella kept insisting on a vote by name. Sumanthiran who had been gesturing wildly from his seat to explain that the electronic voting system did allow a vote by name, with the names of individual MPs appearing on the screen with their preference beside each name. When Kiriella did not appear to understand the TNA MP walked up to Kiriella and explained hurriedly while pointing to the screen that the electronic vote had captured every MPs name and the way they had voted that day. There was no profanity evident in the exchange reporters and MPs nearby who heard the conversation told Colombo Telegraph.

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Moody’s downgrade of SL sovereign debt: A pat for Central Bank, while slapping the President


The prompt move by Moody’s Investors Service to revise Sri Lanka’s rating status is understandable after President Maithripala Sirisena on 26 October summarily sacked his three-year-long companion in power, Prime Minister Ranil Wickremesinghe, and appointed his arch enemy, the former President Mahinda Rajapaksa, in his place – Pic by Shehan Gunasekara

Sacking of a Government and harvesting a credit downgrade

logoMonday, 26 November 2018

Moody’s Investors Service, in a recent ratings change, downgraded Sri Lanka’s sovereign debt from B1 to B2, while improving the country’s economic Outlook from Negative to Stable (available at: https://www.moodys.com/research/Moodys-downgrades-Sri-Lankas-ratings-to-B2-changes-outlook-to--PR_391459).

Its prompt move to revise Sri Lanka’s rating status is understandable, since rating agencies had been blamed for not warning the investors in time before Greece bonds became worthless in 2009. The other two rating agencies, Standards and Poor’s and Fitch Ratings, are yet to come up with their own analysis of the country’s changed debt profile after President Maithripala Sirisena on 26 October summarily sacked his three-year-long companion in power, Prime Minister Ranil Wickremesinghe, and appointed his arch enemy, the former President Mahinda Rajapaksa, in his place.

The economic fallout of this rash action was analysed by me in a previous article in this series in which I argued that the economy was to be the casualty unless the man-made constitutional crisis was resolved quickly (available at: http://www.ft.lk/columns/With-this-man-made-Constitutional-crisis--economy-will-be-the--casualty--resolve-it-quickly-or-peris/4-665587?fbclid=IwAR1ZYCCvHo-pFqp3rqWnTze5vH0yOBhnegtXNtnHptETk6xYPzKJG99Rf48). Yet, the crisis lingered on moving from bad to worse in each passing day without any sign of a sound resolution in sight.

This made investors in Sri Lanka’s sovereign debt nervous and anxious. For instance, the Sri Lanka government sovereign bonds that are to mature in January and April 2019 witnessed a rate jump from around 5.5-5.8% to around 9-10.8% within a week. This is quite contrary to the behaviour of bonds which have a tendency for market prices to converge to face values when the maturity date comes closer. What it implied was that the holders of these bonds have attempted to quit them by dumping them in the market wholesale. Hence, Moody’s has fulfilled its obligation to investors by coming up with a revision in rating and faulting the rating agency for doing so may not be in order.


Two components of rating results

The rating results pertaining to a sovereign borrower have two components. One is an ‘alpha-numerical value’ it assigns to a country indicating the probability of a sovereign borrower defaulting a particular borrowing. The other is the subjective assessment about the short to medium term outlook of the economy, whether it is healthy, stable or unhealthy.


An alpha-numerical value to denote the probability of credit default

In the case of Moody’s, the alpha-numerical values with low default risk have ranged from Aaa denoting the best to Baa3 denoting passable. These are known as investment or prime grade borrowings. Those assigned from Ba1 to C carry a high default risk and are normally known in the market as speculative or non-investment grade borrowings. In the market terminology, these bonds are derisively known as ‘junk bonds’ or simply ‘junkies’.

Since the profit is the degree of risk which an investor would take, there is a demand for these junkies too. The only difference is that the investors will expect a higher profit or yield to compensate for the higher risk they are taking. This additional profit they are expecting is called the ‘risk-premium’ and it changes from 4% at best to even 10% at worst.

Sri Lanka had been rated at B1 earlier by Moody’s or its equivalent at B+ by Standards and Poor’s and Fitch Rating. This was four notches below the investment grade borrowings and, hence, were categorised as junkies. Since the risks were high, the risk premium which investors put on Sri Lanka was about 4-4.5% over the rate which a best borrower at Aaa would have got. With the downgrading from B1 to B2, this risk premium will jump at least by about half a per cent or in market terminology by about 50 basis points.

Since the risk premium in the case of bonds to mature in 2019 has already jumped to about 8%, the risk is that Sri Lanka would not be able to issue sovereign bonds in the market for less than 10% immediately. That is why a Sri Lankan Government official in a recent press briefing had opined that it was not time for the country to go to the international sovereign debt market immediately and would look for funding from elsewhere (available at: http://www.ft.lk/front-page/Govt--opts-for-local-options-as-Moody-s-downgrade-ups-pressure-on-intl--borrowing-costs/44-667402).


Subjective assessment of economic outlook

The second component of a debt rating, the country’s economic outlook, is a subjective assessment of the state of the economy based on what the assessor has read about its plans, developments and actual achievements. This subjective assessment can be one of the three positions, Positive, Stable or Negative.

This can be compared with the opinion expressed by a physician on a patient based on the latter’s reaction to the medication administered to him. If the physician opines that the condition of the patient is negative, his health conditions are fast deteriorating, he does not answer to medication and he needs to have special care in an intensive care unit for otherwise it is not possible to save his life. It is a hopeless case. If the condition is stable, he has improved a lot, can be transferred from the Intensive Care Unit to the ward and will, with good medication, have the chance of recovering fully. If it is positive, he has recovered, answered well to medication and could be discharged from the hospital with only follow-up wellness treatments.

In the case of an economy, changing from Negative to Stable means that the economic patient of Sri Lanka has answered to past medication and could recover completely provided proper curative treatments are administered to him. It is out of danger and could be transferred to the ward for normal treatments. It is indeed a good sign for Sri Lanka’s ailing economy.


Moody’s has justified the upgrade as follows: ‘Over the medium term, planned changes to Sri Lanka’s Monetary Law Act should help the Central Bank anchor inflation expectations and ensure monetary policy independence from fiscal developments. A shift toward market-oriented policy frameworks – including inflation-targeting and floating exchange rate policies – could increase the effectiveness of Sri Lanka’s monetary policy by helping to stabilise the cost of debt at lower levels than in the past and bolster fiscal flexibility’. Thus, the Central Bank should not take offence since it is a pat on its back

Subjective assessment is based on evidence

In the past 10 year period since Sri Lanka was subject to international credit rating, the country had never been in the Positive category. It had hovered between Stable and Negative positions, moving from one to the other quite frequently.

As I mentioned earlier, this is a subjective assessment based on evidence. The evidence is gathered by rating agencies from a variety of sources, namely, plans of the country, published and unpublished data, interviews with public officials, political leaders, officials in international agencies like IMF, World Bank, ADB or UN System and private sector think tanks and thought leaders. All the evidence gathered is screened, assessed and synthesised to form a single opinion on the country: whether the economy shows good signs, remain at an acceptable level or has moved into worse conditions.

Once again, if this subjective assessment is not to the liking of the authorities, all they can do is to change the behaviour so that those who provide information on the country will paint a favourable picture about the prevailing economic status. Fighting a war with the rating agency on that count will prove unproductive.


The man-made political crisis is the culprit

Moody’s has reasoned out the downgrading from B1 to B2 as follows: ‘The decision to downgrade the rating to B2 is driven by Moody’s view that ongoing tightening in external and domestic financing conditions and low reserve adequacy, exacerbated most recently by a political crisis which seems likely to have a lasting impact on policy even if ostensibly resolved quickly, have heightened refinancing risks beyond levels anticipated when the rating agency affirmed the rating at B1 with a Negative outlook in July. Moody’s projections include a slower pace of fiscal consolidation than assumed in July to reflect disruption to fiscal policy implementation in a period of political turmoil.’


The crisis will have a lasting impact on the economy

The main culprit has been the political crisis which has worsened the country’s ability to raise new funds to meet its prevailing debt servicing obligations. This crisis is the handiwork of the President, as many analysts had pointed out, by taking a hasty decision to fire a government based on his personal vendetta against its Head and appointing a government which does not command majority in Parliament.

The inability of the government appointed by the President to show its majority in Parliament has been demonstrated by a score of defeats it has suffered in the House in the last 10-day period: two no-confidence motions, one policy statement and a further one involving the composition of the Selection Committee in Parliament. As the world saw it, the members of the President’s government had resorted to unruly behaviour within the House, walked out of it without facing a vote and resolved themselves to the tactic of briefing the media on what they were planning to do to gain power in Parliament.

Moody’s feels that even if this crisis is resolved by using ‘ostensible’ tactics, it will have lasting impact on the country’s decision making processes. In other words, in the opinion of Moody’s, the country’s ability to get out of the present economic crisis is not within sight due to the man-made political crisis.


Credit downgrade is a slap for the President

Moody’s has also noted that the prevailing political crisis has weakened Sri Lanka’s ability to implement a full-scale economic reform program which it had promised the IMF when the country sought its assistance in 2016 under an Extended Fund Facility or EFF.

Says Moody’s: ‘A steady and credible implementation of planned fiscal and economic reforms would improve Sri Lanka’s ability to sustain investor confidence through the upcoming period of large debt maturities. However, the likelihood of the government pursuing its reform agenda on the previously planned schedule has fallen following recent political events that have interrupted the reform momentum. Moody’s does not expect the current political crisis to be fully resolved rapidly, and the crisis is in any event likely to leave its mark on the pace and content of the reform program. Even if past episodes of political disruption have not changed the broad direction of reforms in Sri Lanka, delays in the pace of reform will at a minimum limit the government’s ability to respond to changing market conditions.’

The important reading here is that the current political crisis will not be resolved quickly and even if it is resolved, it would affect both the speed and the coverage of the reform program. In other words, they would be too slow as well as too short. Hence, the downgrade of the country’s credit rating from B1 to B2 is a slap for the President.


Cause of downgrade has been the worsened ‘eyeball fundamentals’

The Central Bank, as usual, has issued a protest statement against the downgrade (available at: https://www.cbsl.gov.lk/en/node/4499). The bank has argued that the downgrade has not done justice to the improved macroeconomic fundamentals of the country in the recent past. In fact, as I have presented above, the cause of the downgrade has not been any worsened macroeconomic fundamentals.

Indeed, they have improved slightly with promise to deliver better results in the near to medium term. Inflation has been subdued, exchange rate corrected to reflect better market conditions and the budget on a pre-planned consolidation path. The cause of the downgrade has been the worsened ‘eyeball fundamentals’ as demonstrated by the lingering political crisis with no resolution in sight and a government totally non-functioning due to lack of majority in Parliament. These are visible fundamentals to concerned Sri Lankans as well as foreign investors.


No budget for 2019, no expenditure as well

For example, take the case of the government’s expenditure and revenue programs for 2019. With the prorogation of Parliament and due to the riotous behaviour of parliamentarians, there is no possibility for presenting a budget now in Parliament and get it approved before the end of 2018. Even if a temporary vote on account is presented by the Rajapaksa group, it is unlikely that it will get the sanction of the legislators.

Unless the government spends money, tax people and borrow funds by violating the Constitution, the government services will come to a standstill in 2019. That is because without a budget, it will have no powers to spend money, raise new taxes or borrow money to meet any gap in the revenue. The repayment of debt is also at risk, though some have argued that the governing debt legislations have empowered the Deputy Secretary to Treasury to charge it to the Consolidated Fund, a fictitious account that does not exist in reality.


The fictitious Consolidated Fund

As I have argued in a previous article (available at: http://www.ft.lk/opinion/The-flash-election--A-political-way-out-or-an-instance-of-one-mistake-leading-to-another-/14-666609?fbclid=IwAR1C5zAZkYcuVBDeNXlB5AYdZxzNDNm5rOG55c_0Y8WvcwAQrouHOE4jS8E), the Consolidated Fund which is always overdrawn is simply a summary of the cash-flow of the Treasury and if there are no adequate credits to that cash-flow, no debits can also be made to it. To repay foreign debt, for example, the government has to buy foreign exchange from the Central Bank which has enough of it now by delivering rupee funds.

In the past, if rupee funds are not available, the Central Bank made a temporary arrangement by supplying the same by issuing a Treasury bill to itself. Without Parliamentary sanctions, this also cannot be done in 2019. In the past, the government was a beneficiary of the provisional advances given to it by the Central Bank up to 10% of the estimated revenue of the government for the forthcoming year. Since that revenue was always bigger than the previous year’s revenue, there was always a net gain for the government by way of fresh money.

Without a budget for 2019, this source is also closed for the government. Hence, there is the overdrawn Consolidated Fund and debiting it to generate rupee funds to buy foreign exchange is a farcical exercise. These are the hard ‘eyeball fundamentals’ which Moody’s has used to downgrade the country’s credit rating. Hence, instead of finding fault with Moody’s, a solution has to be sought to overcome the present budgetary impasse.



The way to resolve the crisis is for the President to keep a step backward, go back to pre-26 October state after the withdrawal of the support to Wickremesinghe Government by UPFA but before swearing in of Rajapaksa as the premier and allow Parliament to select a government which can present for the time being a vote on account to cover expenses at least for the first three months of 2019

A pat for the Central Bank for good achievements

Meanwhile, the Central Bank should be happy because the decision to upgrade the country’s economic outlook from Negative to Stable has been due to the positive action taken by the bank to bring about a better set of macroeconomic fundamentals.

Moody’s has justified the upgrade as follows: ‘Over the medium term, planned changes to Sri Lanka’s Monetary Law Act should help the Central Bank anchor inflation expectations and ensure monetary policy independence from fiscal developments. A shift toward market-oriented policy frameworks – including inflation-targeting and floating exchange rate policies – could increase the effectiveness of Sri Lanka’s monetary policy by helping to stabilise the cost of debt at lower levels than in the past and bolster fiscal flexibility’. Thus, the Central Bank should not take offence since it is a pat on its back.


To resolve crisis, go back to pre-26 October state

The way to resolve the crisis, as I have suggested in my previous articles, is for the President to keep a step backward, go back to pre-26 October state after the withdrawal of the support to Wickremesinghe Government by UPFA but before swearing in of Rajapaksa as the premier and allow Parliament to select a government which can present for the time being a vote on account to cover expenses at least for the first three months of 2019.

(W.A. Wijewardena, a former Deputy Governor of the Central Bank of Sri Lanka, can be reached at waw1949@gmail.com.)