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

Wednesday, February 6, 2019

SRI LANKA’S PROGRESS TOWARDS TRANSITIONAL JUSTICE IS INCONSISTENT AND DELAYED – UN RIGHTS COMMISSIONER



Sri Lanka Brief06/02/2019

From the  Statement by the High Commissioner for Human Rights: Informal conversation with the President of the Human Rights Council and Members  (4 Feb 2019).
Sri Lanka:

 Despite some positive developments — such as the operationalization of the Office of Missing Persons — progress towards the transitional justice commitments made by the Government of Sri Lanka in 2015 has been inconsistent and subject to considerable delay. There has been progress, as I said, with the Office of Missing Persons, there is also the establishment of the National Commission for Human Rights. But still there is lack of sufficient progress, particularly towards truth seeking and accountability for past human rights violations and implementation of critical confidence-building measures, create, if it continues in this way, significant obstacles to reconciliation.

 Importance of the transitional justice process in Sri Lanka being kept on Council´s agenda. We have explained to the Government that we are ready to continue assisting the Government of Sri Lanka to advance this process in close coordination with other parts of the UN.

Red the full speech by High Commissioner here 2019-02-04 Informal HRC 4 Feb 2019 HC

National Media Campaign on Safe Labour Migration to ensure most secure approach for Lankan migrants



logoWednesday, 6 February 2019 

The Ministry of Telecommunication, Foreign Employment and Sports last week launched the National Media Campaign on Safe Labour Migration at the Duncan White Auditorium of the Ministry.
Minister of Telecommunication, Foreign Employment and Sports Harin Fernando
 
Ambassador of Switzerland to

Sri Lanka Hanspeter Mock
Implemented in collaboration with the Sri Lanka Bureau of Foreign Employment and supported by the Embassy of Switzerland in Sri Lanka, the campaign aims to encourage all citizens to make informed decisions and follow correct procedures for foreign employment by seeking proper guidance through reliable sources;the 1989 hotline, SLBFE Offices and Development Officers of Foreign Employment based at every Divisional Secretariat and District Secretariat office.

The launch was attended by Minister of Telecommunication, Foreign Employment and SportHarin Fernando and Ambassador of Switzerland to Sri Lanka Hanspeter Mock,along with senior officials of the respective organisations.

The lack of access to reliable information for migrant workers and their families has been identified as a major problem that prevents Sri Lankans from making informed decisions when it comes to foreign employment. The absence of easily accessible and reliable sources of information, which could promote better decision-making on migration for employment, causes a great deal of personal and social problems for workers and their families. A large number of citizens, especially in the low-skilled category, choose to migrate without due consideration of its adverse implications, for the sake of personal and family interests. Such actions often leave them vulnerable to exploitation of their rights as well as those of their families.

The campaign will build awareness about getting correct information that will guide prospective migrant workers. It also emphasises the necessity of registering with the SLBFE prior to departing. In addition, the sources provide advice and facilities to help them build a secure and successful future in the country of their choice, such as information on vocational skills as the improvement of skills and qualifications will improve job prospects, income earning potential, and working conditions, and long-term investment plans.

Approximately two million Sri Lankans are currently working overseas, representing nearly 10% of the total population of the country. The majority of migrant workers are low-skilled construction and domestic workers working in the Gulf countries, who are particularly vulnerable to exploitation and abuse. Foreign remittances, primarily from migrant workers, continue to be the largest source of foreign exchange earnings for Sri Lanka, contributing 8.5% to the country’s GDP.

By initiating a national level media campaign the Ministry of Telecommunication, Foreign Employment and Sports, the Sri Lanka Bureau of Foreign Employment and the Embassy of Switzerland in Sri Lanka hope to mitigate situations where misinformed Sri Lankan citizens find themselves in unfortunate circumstances in foreign lands.

“Labour migration has evolved into a very important topic in world politics. A vast majority of the people migrate for better employment, education or other opportunities, for the betterment of their lives and the lives of their families. Migration not only benefits the individual and his/her family but, also the country they’re coming from and the country they are going to. However, while labour migration is highly significant to a country’s economy as well as to the standard of living of many families, it has become increasingly evident that the difference between making migration work and being exploited often comes down to making informed decisions.

“The Safe Labour Migration media campaign seeks to reach out to all Sri Lankans across the island, to encourage and persuade them to think twice before migrating for employment and to ask all the important questions pertaining to skills, employment opportunities as well as the consequences for the potential migrant and their family. Switzerland is one of the front-runners in migration development at the global level. Our commitment within the system of the United Nations shows this clearly. Switzerland supports and encourages the stakeholders of the countries of origin and destination countries to collaborate in order to improve the conditions of labour migrants and their families, because it is our understanding that both have a shared responsibility towards migrant workers,” stated Ambassador of Switzerland to Sri LankaHanspeter Mock.

“It gives me great pleasure to be here to witness something that I have always wanted to do, and with the support of the Embassy of Switzerland, this goal has become a reality. According to the controversial stories we’ve been hearing, I believe it all comes down to effective communication to all our citizens to let them know which route to take in their journey towards migration. “Another significant aspect, in my opinion, are the varying laws of each county. The SLFBE has being doing a fantastic job but it’s a job that does not receive much praise. In the 13 countries we represent at the moment, we have our foreign employment offices and safe houses, which are all in place to serve the needs of migrant workers. Most probably due to the lack of awareness and the people not knowing whom to contact when it comes to matters of migration.

“Unfortunately, due to this lack of awareness, many people do not register themselves at the SLFBE, thus when an incident occurs, it becomes quite a challenge for the bureau to aid them and bring them back to Sri Lanka. I believe that this is the ideal platform for such a campaign and I’m very thankful to His Excellency the Ambassador of Switzerland for the support rendered by the Swiss Embassy,” stated Minister of Telecommunication, Foreign Employment and SportsHarin Fernando.

Of That Proposed National Government

Ousted Sri Lanka PM Ranil Wickremesinghe voted back to power
Rajeewa Jayaweera
logoThe proposed national government by the UNP headed by Prime Minister Ranil Wickremesinghe is the latest jiggery-pokery of our politicians. Those from both sides of the political divide have become masters at twisting facts to suit their political agenda.
The Editor of The Island in his editorial on February 4 has explained this travesty in plain English. 
During a committee stage debate, the then subject minister had defined ‘National Government’ as a government formed by political parties with the largest and second largest number of elected members. This definition had been deviously amended to a government established by the recognized political party or the independent group which obtains the highest number of seats in Parliament together with the other recognized political parties or the independent groups at the time of incorporation of 19th Amendment to the Constitution. Since numbers are not quantified, at least theoretically, even one MP will suffice for the purpose.
A similar travesty took place in 2015 when the wording in the draft bill of the 19th Amendment approved by the Supreme Court had been changed during committee stage debates. The subject was the transfer of Executive powers to the Prime Minister. It was explained in detail by Prof. Rajiva Wijesinhe in his article ‘Confused and Confusing 19-A’ in The Island on December 21, 2018.
The UNP is all out to form a national government even by co-opting one solitary SLMC MP to the government and thus overcome the constitutional restriction in the number of ministers permitted. 
The leader of the House and Public Enterprise, Kandyan Heritage and Kandy City Development Minister Lakshman Kiriella had told the media, this was an exercise to protect democracy, provide relief to people and settle loans obtained by the Rajapaksa administration. 
Minister Kiriella has taken citizens of this country for imbeciles.  
Every Tom, Dick, and Harry is aware, this is an exercise to buy over a few MPs. It will enable the UNP to appoint over a dozen additional cabinet ministers and many more Deputy and State Ministers to satisfy the cravings of their MPs. Some of them are threatening to decamp unless appointed as ministers, deputy and state ministers.      
No doubt, horse trading must be currently underway to entice a few more MPs, especially from the SLFP, a breed who would even sell their mothers and spouses for a cabinet position. The going rate for crossovers last November as stated by President Sirisena himself was half a million rupees. 
If the proposed national government were to become a reality, it would be the death knell for the restriction of the number of cabinet ministers stipulated in the 19th Amendment. It will enable every future government to co-opt one or a few MPs from minority parties and appoint jumbo cabinets on the pretext of a national government. 
In mature democracies such as the UK, crossovers in return for cabinet positions are unheard of. The last national government in the UK was from 1931 till 1940 during the Great Depression. Since 1940, UK has had only coalition governments which included Winston Churchill’s coalition government from 1940 till 1945 to deal with WWII. 
National governments are not for immature democracies such as Sri Lanka. Today, we are paying the price for not holding snap elections immediately after 2015 Presidential elections and opting for the farce of a National Government, formed on January 9, 2015.  

Top official alleges Govt. moves undermine SriLankan


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By Rathindra Kuruwita- 

Nimal Senanayake, Senior Manager–international relations of SriLankan, on Tuesday, warned of dire consequences if its rivals were allowed by the government to engage in ground handling at the Bandaranaike International Airport and provide catering services. Senanayake said that the government was now exploring the possibility of allowing competitors to handle those tasks. Senanayake said so before the Presidential Commission of Inquiry (PCoI) on irregularities at SriLankan Airlines, SriLankan Catering and Mihin Lanka.

"Currently, SriLankan is the sole ground handler for all airlines operating to and out of BIA. Similarly, catering services, too, are provided by the national carrier. They generate a lot of revenue for the airline.

In accordance with proposed overall plan on national aviation policy, the government "had presented the SriLankan with a draft proposal, Senanayake said. Among various recommendations were allowing competition in ground handling and catering services. The government also proposed to have additional fuel providers as well and the SriLankan had accepted the proposal because fuel amounted to 35-40% of the total costs and a competitive pricing formula would have been helpful, he said.

However, the Sri Lankan had not seen further amendments to that draft, he said. State Counsel Chathura Gunatilake, who led evidence presented him with the latest draft that dealt with the national policy. During Tuesday’s proceedings it transpired that the clause on having multiple fuel providers had been dropped though the proposal as regards ground handling and catering remained.

The P CoI was told that in accordance with Article 6 of the Civil Aviation Act, No. 14 of 2010, which dealt with the appointment of service providers, only a public corporation or a company, in which the government held majority of shares could be appointed to ‘supply aviation fuel and lubricants to aircraft; the provision of ground handling facilities or services to aircraft and the provision of catering services to aircraft.’

Senanayake said that in spite of repeated claims to transform Sri Lanka to a hub in the Indian Ocean, successive governments had weakened the national carrier, while strengthening its rivals. If the governments had developed the airline, it could have contributed greatly to realising the dream of making the country a regional hub.

"Singapore airlines played a big role in making Singapore a hub and Emirates helped make Dubai a logistics hub. For many years, UAE didn’t even allow even domestic competitors to Emirates to operate, and still Qatar ensures that there is no threat to its domestic carrier. Look how many years Singapore and UAE took even to start a budget carrier? They waited till their national carriers emerged strong and they funded their carriers. Sri Lankan governments have entered into aviation agreements with countries competing with Sri Lankan."

Jaffna residents protest police negligence after abduction suspect escapes

Residents of a Jaffna suburb protested after a suspect accused of abducting a local Tamil girl escaped while receiving treatment in hospital, purportedly under the watch of Sri Lankan police.
 05 February 2019
Locals took to the street on Friday to vent their anger at the police for allowing the suspect to escape through their negligence, and demanded the police take action to find and arrest him again.
The reported abduction attempt had been stopped by the locals themselves and the suspect handed over to police.
The suspect escaped after he was admitted to Jaffna Teaching Hospital, despite being under police security.

Madush will be dealt with under Dubai Law – PM Wickremesinghe



Thursday, February 7, 2019

Prime Minister Ranil Wickremesinghe today (6) told Parliament that notorious underworld drug kingpin Makandure Madush who was arrested in Dubai on 5 February would be prosecuted under Dubai Law first. Wickremesinghe added that the Dubai Court would take the final decision as to whether he should be deported to Sri Lanka later following a prosecution process.

The Premier made this remark while responding to a question raised by JVP Parliamentarian Dr. Nalinda Jayatissa.

Dr. Jayatissa queried, "On 5 February, Madush was arrested by a joint operation of the Sri Lanka Police Special Task Force (STF) and the Dubai Police. That shows the extraordinary talent and strength of our STF officials. We have the talent we need, but unfortunately Governments have failed to bring Former Central Bank Governor Arjuna Mahendran, Former Sri Lankan Ambassador to Russia Udayanga Weeratunge and Former Sri Lankan Ambassador to the United States Jaliya Wickramasuriya back to the country. Could you explain this situation to the House?"

The PM replied saying, "They have to be prosecuted in Courts in the countries where they are now. Those Courts have to take the final decision on them. This person (Madush) will have to face the same procedure."

Meanwhile, officials from the Ministry of Foreign Affairs and the Ministry of Defence are currently holding talks with officials in Dubai, to extradite drug dealer and underworld kingpin Makandure Madush, who was reportedly apprehended by the Dubai Police at a hotel on 5 February, the Commandant of the STF, Senior Deputy Inspector General of Police M.R. Latheef said.

Speaking to Ceylon Today, he said the CID was also conducting inquiries in connection with Madush and other criminals who were nabbed by Dubai officials.

Latheef also urged the local press to abstain from publishing further reports related to the arrest of the notorious criminal, as the extradition of Madush and other gangsters is primarily a State level task.

It is stated that the STF had played a decisive role in the arrest of Madush and his other accomplices by Dubai Police officers.

The Khaleej Times published in the UAE had reported that among those arrested was a person holding a Sri Lankan diplomatic passport.

In the group of 25 suspects taken into custody by the Dubai Police, a popular local vocalist and an up and coming actor were nabbed and detained in a prison in Dubai, informed Police sources said.

Makandure Madush has been charged with spearheading several high profile killings in Sri Lanka besides being involved in the illegal drug trade.

Uproar within SLPP over President’s move to secure candidacy



2019-02-07

The Presidential Election has to be declared only in October, this year, but the main parties have already swung into action to prepare for it. Interestingly, President Maithripala Sirisena enhanced his efforts to secure the consent of the SLPP/UPFA alliance to be its presidential candidate. 

UPFA MP Duminda Dissanayake, who is also the national organizer of the  Sri Lanka Freedom Party (SLFP), moved a resolution on February 1 at the Anuradhapura district electoral organization’s meeting calling for the nomination of President Sirisena as the candidate. The resolution was adopted. That sole intention of the UPFA which is virtually the SLFP-led political front prefers the President to be the candidate is now obvious. But, the move did not appear to be rosy. 

The President’s increased lobbying for candidature evoked a political uproar within the SLPP which operates under the de facto leadership of Opposition Leader Mahinda Rajapaksa. After Mr. Dissanayake’s resolution was adopted in Anuradhapura, the SLPP MPs bombarded former Minister Basil Rajapaksa who formed their party with a torrent of telephone calls, and said they were not ready at all to work for President Sirisena as the presidential candidate. 

All in all, confusion and contradiction lie within the SLPP/UPFA political combine at the moment since President Sirisena is exerting himself in full measure seeking nomination for the next time. Come what may, it is highly unlikely that the President will secure nomination because the SLPP, as the more decisive political force of this combine, is averse to it. 
The President’s increased lobbying for candidature evoked a political uproar within the SLPP which operates under the de facto leadership of Opposition Leader Mahinda Rajapaksa
President Sirisena’s political party was relegated to a distant third position at the local authorities’ election that was conducted on February 10, last year. But, the SLPP won that election. Therefore, according to political sources, its members are not ready at all to compromise its lotus symbol and political interests to accommodate the SLFP on board in a broad electoral alliance.   



As long as the SLPP does not cooperate, it is hardly possible for the President to become the candidate. By last week, the President had not relented in his pursuit of candidature. He was trying various measures that would build pressure on the SLPP/UPFA combine to handpick him. 
Many wondered why he showered praise on Housing, Construction and Cultural Affairs Minister Sajith Premadasa. 

On several occasions in the recent past, he hailed Mr. Premadasa as a genuine character committed to work for the people day and night. Mr. Premadasa is one among those seen as possible candidates for the next election representing the political force led by the United National Party (UNP). 

Acrimony between the President and the UNP is growing by the day. As such, the President’s open glorification of Mr. Premadasa surprised many in political circles. The plausible conclusion was that President Sirisena, by doing so, intended to send a warning signal to the SLPP. He tried to imply that he would tie up with Mr. Premadasa if the SLPP did not agree to nominate him as the presidential candidate. Then, it appeared to be a strategic move by the President to bring pressure for the SLPP to consider him for the presidential election. 

On this issue, the President will be left with no option other than to accede to what the SLPP wants finally. It is impossible for him to support Mr. Premadasa as the UNP candidate. Alongside, it is not yet certain whether Mr. Premadasa will be the chosen candidate of the UNP. Also, it is unrealistic to expect Mr. Premadasa to support President Sirisena to become the candidate. It will spell political doom for Mr. Premadasa to support President Sirisena as the latter is unpopular among the rank and file of the UNP after he brought about a regime change on October 26, 2018. 

Eventually, the President will be forced to fall in line with the SLPP which is now working on the nomination of its own candidate for the presidential elections. 

UNP hell-bent on forming national government


The UNP has also initiated preparatory work in view of the presidential elections. Primarily, there are three figures- Prime Minister Ranil Wickremesinghe, Mr. Premadasa and Speaker Karu Jayasuriya- being floated as the prospective candidates. Mr. Jayasuriya is the latest addition to the list of possible candidates. 

Before the presidential elections, the UNP is keener to ensure the government’s stability other than anything else. Currently, the UNP is leading a minority government. It runs short of even a simple majority in the House, and therefore the enactment of legislations depends on how much cooperation it commands from the parties in the opposition as and when it requires. Besides, the party finds it difficult to keep its fold together because  some MPs relentlessly ask for Cabinet ministerial posts.
The formation of a national government is the only option available for the UNP to strengthen the government while pacifying the MPs with unrest. In the event of a national government, the Cabinet size can be increased to 48, and the number of deputy, state and non-Cabinet ministers to 45. 

Around ten MPs of the UPFA including the likes of Duminda Dissanayake are ready to take up posts in the government lest the President permits them to do so. The UNP can muster the simple majority for stable governance by accommodating them with ministerial posts in the increased Cabinet of the national government. Also, the UNP can offer such posts to its disillusioned members. 
President Sirisena’s political party was relegated to a distant third position at the local authorities’ election that was conducted on February 10, last year
The formation of a national government is not a popular move at this hour. However, the UNP is left with no choice but to work for a national government to ensure stable governance. To make matters worse for the UNP, the President, as spelled out in his National Independence Day speech, was not in favour of a national government this hour. 

The President also has his own reasons to oppose the national government. In the event of such a government, some of his MPs will defy him and throw their support behind the UNP. Then, it will weaken the position of President Sirisena. It is politically disadvantageous for the President to allow for a national government to be formed. If the UNP is unable to form a national government, it will have a hard time in Parliament. 

The President does not like the UNP having a clear-cut majority in Parliament. If the UNP has a majority, it can always initiate action, even for the impeachment of the President. 

Soon after President Sirisena made his speech on the Independence Day criticizing the move to constitute the national government, Opposition Leader Mahinda Rajapaksa rushed to him and remarked, “Today, you slandered everyone in all directions.” The President responded with a laugh. 

MR, CBK have a few wordsafter years


For the first time after so many years, Mr. Rajapaksa happened to talk to former President Chandrika Bandaranaike Kumaratunga. Both fell out with each other in 2005. They have been arch rivals since then. Ms. Kumaratunga even played a pivotal role in unseating Mr. Rajapaksa from presidency at the 2015 elections. 

The two were invited to light the coconut oil lamp at the cultural event featuring legendary Sarod maestro Ustad Amjad Ali Khan along with sons Aman Ali Bangash and Ayaan Ali Bangash at the BMICH on January 25 to mark the 70th Independence Day of India.
 
After lighting the lamp, Mr. Rajapaksa asked, “How are you madam?” 
As long as the SLPP does not cooperate, it is hardly possible for the President to become the candidate
Ms. Kumaratunga responded to him accordingly and congratulated him. Then again, she remarked, “Actually, I should have congratulated your son who got married. It is not you who got married.”     

SRI LANKA PRESIDENT SIRISENA ATTACKS INDEPENDENCE OF HRCSL AND CONSTITUTIONAL COUNCIL; ASK HR ORGANISATIONS TO STAY AWAY.


Sri Lanka Brief07/02/2019

Speaking at the parliament on 06th Feb. President Sirisena criticised the independent Human Rights Council of Sri Lanka and Constitutional Council. Further he indirectly threatened the human rights organitions not to critise his decision to implement death penalty.

“I request Human Rights Organizations not to object to the move to implement the death penalty as it is done to control the drug menace and underworld activities in Sri Lanka. The country is now proliferated with various drugs including marijuana, cocaine, heroin and Ice. Come what may I would put into practice the decision I took to implement the death penalty within next two-three months” he has insisted.

The death penalty will be implemented within another two-three months despite objections, he has further said.

The Human Rights Commission of Sri Lanka (HRCSL) questioning the deployment of STF at the Angunakolapelessa Prison came under criticism of President  Sirisena in the same speech.

The President expressed his dismay that the HRCSL Chief had sent a series of questions.

“We transferred serious criminals to Angunakolapelessa and deployed the Special Task Force to ensure security. The HRCSL Chief had asked as to why and under whose instructions it was done. It has sent a lengthy question paper. The STF renders a yeoman service. It should be praised. That is why I gave a service extension to its Commandant and it was unanimously approved at the Cabinet. I call on the human rights groups not to hinder me when I try to build this nation and ensure that our future generations would be saved from the drug menace,” the President said.

The President also criticised the HRCSL over its calls for thoroughly screening military personnel before sending to the UN Peacekeeping mission as well as for various foreign training, adding that this had led to an unnecessary delay.

He even blamed the HRCSL for death of  two Sri Lankan Army personnel who were recently killed while engaged in the peacekeeping operation in Mali. according to Sirisena they would not have suffered that fate had not the HRCSL delayed the process.

“Those two soldiers were due to return to the country six months ago. The vexing of the HRCSL delayed the deployment of new batch,”  he has said.


Sirisena expressed his dissatisfaction over the Constitutional Council (CC) for not informing him reasons for turning down 12 names suggested by him to be appointed as judges.

“The Constitutional Council has rejected 12 names that I sent to be appointed as judges.They are yet to inform me the reasons for turning down those names.”The judges are not happy today thanks to the work of the Constitutional Council,” he said. “The Speaker has sent me a four page letter stating that seniority would not be counted but only merit when making the appointments by the Constitutional Council.

It would be a tragedy if the judges are not given promotions on the basis of judgements they had given in the past. If anyone is not qualified then that should be conveyed to me and the Chief Justice. Those who get their names rejected think that I did it.

This is a matter that should be cleared,” Sirisena further said.

President Sirisena also questioned about the availability of regulations and guidelines for the Constitutional Council to follow when assessing the skills and abilities of persons if they are not assessed on their seniority.
With the inputs from Daily News.

The Public Servant As An Endangered Species 


Dr. Upatissa Pethiyagoda
logoThe recent transfer of the Customs Chief, Ms Charles stirred a hornet’s nest and led to Trade Union uproar, protesting against this officer’s transfer and replacement by a retired Naval Officer. The feeble and laughable “reason” by an important big-wig is that the retired Naval Officer was because a major duty for the Customs is to prevent smuggling, which is mainly by sea, the appointment of a man with “Naval Experience” is justifiable! It would be interesting to see how far this kite would fly!
We are often reminded that there are “three pillars” of democratic governance – The Executive, Legislative and The Judiciary. In our context The Executive means the Presidency, the Legislative means Parliament, and the Judiciary means the Law enforcing body. The “Administration” has no place. I believe that this division is not the best. Considering the Presidency as such, merely because the title includes the word “Executive” is illogical. The verb “execute” means to perform, carry out, effect, operate, implement etc. the laws and directions of the Legislative. This in effect, is that arm which we refer to as the “Administration.” This is the sector which interacts most with the public. The “Presidency” should really reside within the “Legislative”.  After all, he is the Head of State, Head of the Cabinet, (and a Political Party). Since many decisions and Laws require his formal approval, he/she is logically part of the Legislature. He thereby has the opportunity to listen to debates to help evaluate the merits or demerits of proposed New Laws. This gives meaning to the constitutional requirement that he should attend Parliament at least once every three months. Symbolically, when the President is present in the House, the Prime Minister vacates his chair for him/her. The functions of the Judiciary are relatively clear. Its function is to deal with matters referred to it to determine whether actions or intent are consistent with the Constitution and existing Laws. It is also the authority from whom aggrieved citizens may seek relief when they consider that administrative acts infringe their rights. 
In my estimation, it is the administration (= Executive) that needs improvement. The Judiciary is in comparatively good order. The Legislative is perhaps beyond repair (major surgery to address dysfunctional growths is the sole option).
It is in the interest of all of us that the administration should be restructured. It is the major point of interaction between governance and the citizenry. To anyone who takes a close look, there are three main functions of the Administration– regulatory, service and developmental. To countries such as ours, the development oriented sector is the most important (but probably given the least attention).  Since Independence Seventy one (71) years ago, the number of Ministers (including Deputy, Associate, Assistant, Project and Overseeing), has increased from eleven to near/over one hundred. This flies in the face of the promise to restrict the number to thirty as stipulated in the nineteenth (19) Amendment. We see the novel phenomenon of MP’s demanding positions as Minister. This looks like Blackmail. There is the disgraceful spectacle of using the device of a “National Government” to increase Portfolios! This from the promise of a ”Scientific” Cabinet ! One fails to see the “Science” in Linking Highways with Higher Education, Finance with Media and Foreign Affairs with Lotteries. It is clear that the size of Cabinet is dictated entirely by political expediency.  
But to return to the case of Ms Charles – where the Cabinet action to reverse the original decision to replace her with a retiree, opens some new issues. Progress requires that lessons are to be learnt from mistakes or disasters. The fact that Trade Union actions (in this case a “Go slow”), has prompted a retraction. This has dangerous implications – that pressure can induce a change by authorities. This may encourage other sectors too to resort to ransom as a substitute for discussion and compromise. Perhaps the GMOA has already shown this. It is apparent that the action to effect a transfer of this officer was unwise. If, as the Trade Union claims, was because this officer did not accommodate an illegal request from a politician, to release some containers suspected to contain contraband. If this be true, the political authority that has required this departure from process, be publicly revealed and duly punished. It is said that this officer (perhaps the first female to occupy the post of Director-General of Customs), has performed her duties with due diligence, independence and efficiency. Is this correct? Why has deferment of her transfer been for three months only? This apparent departure from normal practice also demands an answer. If her suspicions regarding these detained containers are confirmed, she should be fully vindicated and the “reversed probation period” should also be revoked. This is one more case where political interference, may result in even a charge of complicity in crime, has proven to be toxic. 

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Will President-proposed Korean LNG plant result in killing of Mannar gas?




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Thursday, 7 February 2019

The Koreans presented their offer to the unsuspecting President, who has absolutely no knowledge on the subject. Sirisena attempted to push the offer through the Cabinet, but the UNP refused to move, leading to the appointing of MR as PM

After the publication of my article ‘The 50-day Govt. in 7 days, attempts to award biggest value contract in history’ in Daily FT on 9 January, I received number of messages from individuals involved in the industry who upgraded my knowledge.
I am especially thankful to Nalin Gunasekara, a top professional in the oil and gas industry, especially in the Far-East Asia, with decades of hands-on experience, now retired. Another pointed out that the proposed FSRU project under Swiss Challenge is continuing and not abandoned as I hoped in my article.
The tender

President Sirisena got Mahinda Rajapaksa’s 50-day Government to approve within seven days the setting up of an FSRU by a Korean company to supply LNG. The new Minister for Power and Energy called for international competitive counter proposals under Swiss Challenge Procedure to be submitted within five weeks, against the Korean company’s proposal, but after protests the deadline was extended up to 31 January 2019, and again to end February.

Under the proposal, Korean company SK E&S would establish an offshore Floating Storage and Regasification Unit (FSRU) outside Colombo Harbour and supply one million tons of Liquid Natural Gas (LNG) a year to CEB for a period of 20 years. Under the ‘take or pay’ contract CEB would be contractually bound to pay for LNG and a penalty if the agreed quantity is not consumed.
Liquefied Natural Gas (LNG)

LNG is natural gas, predominantly methane CH4, which liquifies when cooled down to −162°C and occupies only 1/600th of natural gas. The non-pressurised in liquid form is convenient and safe for storage and transport. The liquefaction process removes dust, acid, water and heavy hydrocarbons, which could cause difficulty during usage.
The proposed project

The project encompasses the design, fabrication and installation of an FSRU to be moored approximately nine km from Colombo Port. LNG would be procured and transported by a LNG carrier vessel to the FSRU. LNG would be re-gassified on-board and the gassified LNG under pressure will be delivered into two subsea pipelines. But pipelines undersea and overland are excluded from the proposal and would be the responsibility of the Government. The connectors would be supplied by the contractor.

The price payable to LNG, whether linked to oil prices, quality of gas to international benchmarks or the heat rate of the LNG, are not given. The agreement is only to supply and purchase of gas for a 20-year period commencing from the second half of 2020 to March 2040.

The proposed offer by the Korean company involves a terminal supplying one million tons of LNG per annum (MTPA) on a ‘take or pay’ basis, where the buyer is expected to pay for LNG whether used or not. The company will build its own terminal ‘free of charge’, to provide LNG to existing power plants at Kerawalapitiya and Kelanitissa.

The developer is responsible for the EIA, construction, operation and maintenance of the FSRU, mooring and unloading facilities, and deliver re-gassified LNG for 20 years.
Swiss Challenge

Under the Swiss Challenge, if the original proponent is unable to match the counter proposal, the tender will be awarded to the prospective bidder provided the challenger agrees to pay the development cost of the original proponent, quoted as $ 10.074 million. Can this amount be justified? The time period offered for the challenge was only five weeks, but extended later.

The published Swiss Challenge includes three additional items from the original proposal. 1. The FSRU would be newly built, whereas SK E&S offered a renovated LNG transporter (considering the short implementation time). 2. The estimated initial base-load LNG demand be 0.6MTPA, increasing to 1MTPA within two years and 3. The pipelines under-sea and overland to Kerawalapitiya and Kolonnawa.

FSRU

The Floating Storage and Regasification business started only in 2001. FSRU are extremely complicated structures designed for 20 years on-station with no planned dry-docking requirement. They are expected to be available 98% and failures are subjected to extremely heavy fines.

A new FSRU costs only 50-60% of an onshore terminal and can be delivered in half the time. A new unit typically costs $ 240-300 m and can be delivered in around 30 months. If hired, the cost would be $ 200,000 to $ 400,000 per day depending on capacity. FSRU on a converted LNG tanker costs half and modifications typically take 18 months.
Mooring system

LNG is stored and gassified in the FSRU connected to the gas-carrying pipelines located in the mooring system. The mooring structure is constructed in 30m deep sea and connected to the FSRU through a swirling arrangement, allowing the FSRU to rotate. The rotation allows FSRU to move and face changing winds, currents and change in sea-levels.

FSRU is also required to disconnect from mooring and sail away in extreme ocean conditions such as cyclones and tsunami. Such cutting-edge science in mooring technology being proprietary is confined to a few companies.
SK E&S Company

The proposal to establish and run the FSRU was submitted by SK E&S Company Ltd. of South Korea. But the following issues exist:

1. The proposed FSRU supplier SK E&S has never owned or operated an FSRU and has been operating LNG carriers.

2. The company has never operated a process facility offshore.

3. According to the Ministry of Power, the Government is seeking to procure two FSRUs intending a spare. Currently over 300 floating systems are in operation in the world and none of them are supported with spare units.

4. The parent company of SKE&S, SK Holdings, has equity in gas fields and reserves in Australia, Indonesia and shale-gas assets in North America, but is finding it difficult to find a market.

5. SK Holdings was held responsible for the collapse of a company-built dam in Laos in 2018, where over 30 persons died, creating major environmental damage, illustrating their lack of duty of care. The company may face difficulty in procuring insurance covering environmental damage.
Industry standards

1. FSRUs are expected to be available 98% over 20 plus years without being taken away for repairs.

2. When an FSRU fails to operate, power plants down the line are forced to close down.

3. Thus when FSRU fails to operate, they are faced with extremely heavy penalties.

4. An EIA (Environmental Impact Assessment) needs to be undertaken by an independent third party to avoid any conflict of interest. Here, the contractor is given the responsibility.

5. An insurance of the project is not indicated; typically such operations require $ 400 m insurance, covering risks of environmental damage due to spills, fire, pollution and other infrastructural damages.
LNG prices

Currently the world is facing an oversupply of LNG and developers are finding difficulty to market their gas. The situation is bound to get worse during the coming years. The gas glut is so bad that excess gas is not allowed to be burned, but expected to be pumped back into the ground (an expensive exercise) due to environmental reasons. The situation has resulted US announcing in December 2018, that natural gas is offered free, with gas buyers being paid US 25 cents/mm BTU to take the gas away.

LNG could be purchased in the spot market under short, medium or long term contracts. But long term contracts are non-existent today. Close to home, Indian gas prices are the highest, but cannot find markets.
Gas from Mannar

The availability of commercially explorable gas in Mannar was discovered nearly 10 years ago, Block M2 has gas discoveries Dorado and Barracuda and a number of undrilled prospects. But past governments failed to take positive steps to recover gas. Now, the Mannar Basin exploration and drilling tender has been announced by the Ministry of Petroleum Resource Development, with tenders closing in May 2019.

With a gas-glut in the world market, explorers would wish exclusive rights to local market and export balance. The proposed import of one million tons of LNG a year for 20 years will discourage any prospective investor from developing Sri Lanka’s offshore reserves for decades to come.

India’s major off-shore gas reserves are in Bombay High and in the south adjoining Sri Lankan waters referred as Cauvery Basin. According to Indian sources, Sri Lankan gas reserves are richer than in Cauvery Basin.

If the President still wishes to award the contract to Koreans, it would be the biggest blunder in the history, leading the country into a debt trap and death trap with unintended consequences for decades to come. Meanwhile, no developer would be interested in developing proven gas reserves in Mannar and will kill the prospect

Power generation policy
Unfortunately, the country does not have a power generation policy, with CEB engineers fighting with PUCSL. Since Norochcholai in 2012, the only proposed power plant is Kerawalapitiya, now pending Court ruling. The CEB is favouring coal and not allowed their young engineers to study LNG. Thus the country lacks knowledgeable staff on gas-based power generation. Meanwhile, our politicians fall prey to sweet-talking foreigners.
Country’s past records

Sri Lanka for a small country may hold the record for the largest amount of financial and technical blunders. The urea fertiliser plant in 1980s was planned by the most competent bureaucrats at the time, under the advice of highly-paid foreign consultants. The plant was shut down soon after commencement and sold as scrap. The urea that was exported to Myanmar has never been paid for.

Afterwards, Finance Minister Ronnie De Mel warned the public servants: “I am calling upon all chairmen of corporations, all directors, all general managers to note this: Please do not think you can get away with this type of nonsense in the future because we are going to make you personally responsible. We will sequester your property and your assets if you do this type of thing in the future.” Will the same apply to politicians?

The recent oil hedging deal by CPC, again with guidance from expert consultants, cost the country $ 168 million. Air Lanka was involved in a complex deal for payment of the leased aircraft, which cost $ 170 million for cancellation.

When Norochcholai coal power plant was proposed, a politician signed the MOU in China. The actual agreement was signed a year afterwards by the CEB Chairman CEB Engineers’ Union President. CEB had one year to study the agreement, but blamed the Chinese when the plant broke down repeatedly. The CEB staff proved they could not even run the plant, today the plant is run by the Chinese.
Risks involved

Storage, transport and power generation with gas are complex, involving cutting-edge technology, indexed LNG pricing, risk-sharing mechanisms, overseas governing laws, ‘take or pay’ contracts, overseas arbitration, etc. The penalties are higher, reaching billions and not millions. Insurance covers for catastrophic events are higher and so are environmental damages. No such insurance cover is being provided by SK E&S, with the Government oblivious to such mandatory requirements.

Whilst our neighbouring countries as Pakistan, India, Bangladesh and Indonesia are all dealing with well-experienced FSRU suppliers to re-gassify their LNG, Sri Lanka selected a Korean contractor with no experience in these complex operations or its technology, which is seeking a market for its overpriced LNG.

The SK E&S proposal excludes undersea and overland pipeline installation, finding a contractor and acquisition of land which are time consuming. If not completed on time would be obliged to pay under “take-or-pay” contract.
Role of the President

The original proposal of the Korean company was handed over to the President by the Korean Ambassador in mid-2017. The President instead of passing the document to the line minister presented a Cabinet paper himself recommending its implementation. But the UNP Cabinet turned it down.

Almost in parallel, Kerawalapitiya 350MW power plant tender was about to be awarded to State-owned Lakdhanavi Ltd., which submitted the lowest bid. But the President intervened and awarded it to higher-priced WindForce & RenewGen, pushing the UNP Cabinet to agree, costing the country an additional Rs. 2 billion a year for the next 20 years. But the award has been challenged in Court and the decision is awaited.

My earlier article detailed how Sirisena appointed MR over Ranil as PM who accepted the Korean offer and called Swiss Challenge within seven days. Why is the President pushing the Korean project so hard?
Comments

The country is facing a growing power shortfall and even with existing private power producers cannot meet the shortage. The situation is so critical that CEB has called quotations for a new private power plant.

The parent company of SK E&S has acquired large amount of gas reserves in the world, but is facing difficulties in disposing of its gas, with the possible inability to utilise reserves prior to ending of lease period. Although the company runs LNG carriers, it has never run an FSRU.

Getting an FSRU manufactured to required standard, maintaining and running is an extremely complex business. SK E&S is anxious to learn the knowhow and enter the market, presently controlled by few companies. SK E&S would love an unsuspecting buyer as Sri Lanka. A poor quality FSRU without proper maintenance could easily break down and downstream power plants would stop working. Thus they offered Sri Lanka two units of FSRUs, which has never happened in history.

The price payable to LNG, whether linked to oil prices, quality of gas to international benchmarks or the heat rate, is unknown. The agreement to supply gas for a 20-year period commences from the second half of 2020 to March 2040.

Koreans claim the FSRU is given free of charge. But in the market a FSRU rental stands at $ 200,000 to 500,000 per day depending on the capacity. How this cost will be recovered from the buyer is unknown.

Under the offer EIA is the responsibility of SK E&S and should be carried out by an independent specialist organisation. Here, the EIA report could be biased towards SK E&S.

The Koreans presented their offer to the unsuspecting President, who has absolutely no knowledge on the subject. Sirisena attempted to push the offer through the Cabinet, but the UNP refused to move, leading to the appointing of MR as PM.

Why did Sirisena push the deal so hard, to the extent of pushing Ranil out, who was responsible for him being appointed as President? Is he aware that agreeing to buy one million tons of LNG would kill the country? The next possibility is, did Koreans offer Sirisena an irresistible incentive?
Way forward

Current 350MW Kerawalapitiya power plant owned by Lakdhanavi uses petroleum fuel and supplies power to the CEB at Rs. 28 a unit. The same company in the tender for a similar capacity LNG-powered plant offered power at Rs. 15 a unit, lowering costs by Rs. 25 billion a year, justifying moving the country’s power generation towards LNG.

In the tendered 350MW Kerawalapitiya power-plant, all tenderers would have allowed for an FSRU to supply LNG, including gas supply pipelines reaching Kerawalapitiya, with minor variations. Supplying additional gas to the existing 350MW power plant also in Kerawalapitiya would require a larger capacity FSRU and a pipeline of double the capacity. Kelanitissa would require a separate line.

In the tender, Lakdhanavi, a State-Owned Enterprise, offered the lowest rate, and also owns and runs the current Kerawalapitiya plant. Modifying the plant to run on LNG, using gas from Mannar, would require time-taking negotiations. Also to be negotiated to accept gas from Mannar, when becoming available, as tenderers would have anticipated purchasing LNG on spot market.

As shown earlier delays in bringing both power plants online with LNG would cost the country nearly Rs. 2 billion a month. Thus Lakdhanavi would be the most suitable contractor as financial implications could be easily sorted out. Entertaining an unsolicited FSRU proposal without gas supply lines on ‘take or pay’ basis, while international tender offer FSRU with pipelines with flexible LNG supply could only be termed as ridiculous.

If the President still wishes to award the contract to Koreans, it would be the biggest blunder in the history, leading the country into a debt trap and death trap with unintended consequences for decades to come. Meanwhile, no developer would be interested in developing proven gas reserves in Mannar and will kill the prospect.

Parliament


Thursday, February 7, 2019

Proposal for a National Govt:Parliament vote today

The proposal for a National Government will be moved for vote in Parliament today despite the objections of Opposition parties, the Party Leaders were informed yesterday.

The attendance of all Government MPs has been made mandatory today. Chief Government Whip and Minister Gayantha Karunathilake had in writing informed all the Government MPs to be present in Parliament all the day and vote in favour of the National Government.

A special meeting of the Parliamentary Business Committee was chaired by Speaker Karu Jayasuriya at the Parliament complex to discuss the Determination under the Constitution pending in the Order Paper.

Sources said the UPFA, JVP, EPDP and TNA members who took part in the meeting expressed their opposition to the proposal. The Opposition members had pointed out that the said proposal has to be in the Order Paper for at least two weeks prior to being moved in the House. However, the Government had told the Party Leaders that it intends to take it up by suspending the Standing Orders.

The Government members had pointed out that it is the practice of the House to give priority to the government business.

A vote on the proposal is scheduled to be held in the afternoon following a full-day debate. The proposal seeks the approval to increase the number of Cabinet Ministers from 30 to 48 and the number of Deputy Ministers from 40 to 45.

President Maithripala Sirisena in his National Independence Day speech objected to establishing a National Government with a party which has only one seat in Parliament.

US logistics hub agreement signed in 1995 - PM
An argument ensued between Prime Minister Ranil Wickremesinghe and UPFA MP Vasudeva Nanayakkara in Parliament yesterday over providing logistics support to the US Navy ships operating in the Indian Ocean.

The UPFA MP questioned on an agreement signed between Sri Lanka and the US Embassy in 2018, but the PM divulged that the agreement MP Nanayakkara referred to was actually signed in 1995.
MP Nanayakkara, referring to a newspaper report on the US Navy aircraft carrier USS John C Stennis establishing a logistics hub in Sri Lanka, questioned whether it has got Cabinet approval and as to why Parliament was not informed about it.

“The hub established on a temporary basis provides logistics support to the US navy ships operating in the Indian Ocean. The primary purpose of the operation is to provide mission critical supplies and services to US navy ships transiting through and operating in the Indian Ocean. Does this agreement comply with the Constitution’s provisions on sovereignty and non-aligned foreign policy? Doesn’t it pose a security threat for Sri Lanka?,” asked MP Nanayakkara.

The PM replied that not only the US Navy, but any other country’s Navy too can get logistic supplies from any port or airport of the country.

“The US Navy’s main supplies centre in the Indian Ocean is in Diego Garcia. Other countries temporarily provide those facilities when necessary. The US needs not have large bases because of the modern technology in the world today. The US Gerald Ford aircraft carrier carries more aircrafts than all what Sri Lanka Air force has. It did not come here permanently. We do not permit to bring weapons,” Wickremesinghe remarked.

The PM explained that the Foreign Ministry has received a letter on August 28, 2018 seeking renewal of the 1995 agreement and that it also referred to the facilities given under the Vienna Convention.
“Those facilities had been provided before. However, we have not yet taken a final decision,” said the Premier.

MP Nanayakkara went on to claim that a new agreement was signed in 2018 and as per it the US is exempted from emigration and immigration, Defence or Customs laws within the country when bringing in various goods to Katunayake Airport. “Who gave this authority?” he asked.
“From where did you learn that? With reference to what document you made that claim?” the PM questioned back.

“I got it from the Foreign Ministry,” MP Nanayakkara replied.

“It was during your government’s time that the Acquisition and Cross Servicing Agreement was signed. All this started as a result of that. Do you know what that agreement is?” the PM said. “I asked about the 2018 agreement. I found it and it is with me now. It has the Foreign Ministry’s letterhead. I will pass it to you,” MP Nanayakkara retorted also adding that the agreement further allows the US military officers to roam freely in the county without subjecting to local laws.
“Tell us what the agreement you were referring to. Expose it,” replied the PM.

The PM got the document from MP Nanayakkara and divulged that the date mentioned in that document was May 16, 1995. The PM read aloud the content in the document to dispel any doubts.