News Archives - Lanka Focus

ndo-Lanka joint energy projects dominate bilateral talks between Jaishankar and Wickremesinghe

admin — Fri, 21 Jun 2024 06:13:04 +0000

Indo-Lanka joint energy projects dominate bilateral talks between Jaishankar and Wickremesinghe

Colombo, Jun 20 (PTI) External Affairs Minister S Jaishankar and Sri Lankan President Ranil Wickremesinghe held bilateral discussions on Thursday, where joint energy projects, including a proposed petroleum pipeline linking the two countries, took centre stage.

The two leaders focused on initiatives aimed at enhancing energy connectivity and developing the renewable energy sector.

“Significant attention was given to plans for a Liquified Natural Gas supply, a proposed petroleum pipeline linking the two countries, and advancing oil and gas exploration projects,” an official press release said.

It was announced that construction of the solar power plant in the eastern district of Trincomalee is set to commence next month.

The discussions also covered projects supported by the Indian government to enhance Sri Lanka’s liquid milk industry and fertiliser production.

Jaishankar and Wickremesinghe also discussed India’s support for developing Trincomalee and expanding the Kankesanthurai port in the north.

The ongoing development of Jaffna Airport and Colombo Airport with Indian assistance was also a key topic, alongside the acceleration of Sri Lanka’s unique digital identity card project, marking a significant step towards the country’s digitisation efforts.

A highlight of the engagement was the formal commissioning of the Maritime Rescue Coordination Centre (MRCC), comprising a main centre in Colombo and a sub-centre in Hambantota, the location of the Chinese-funded port.

Jaishankar arrived here early in the morning. It is his first visit in his second consecutive term in office.

The visit comes at a time when Sri Lanka’s Supreme Court on Tuesday gave Prime Minister Dinesh Gunawardena, the Cabinet and the Adani Group three weeks to file preliminary objections to a petition filed by an environmental group against the wind power project undertaken by the Indian conglomerate at Mannar in the northeast region.

Meanwhile, some opposition members in Parliament raised concerns about the short length of Jaishankar’s visit, claiming it was a means to pressurise Sri Lanka over projects.

The Sri Lankan government has been maintaining that the Adani group investment was vital to achieving its target of 70 per cent of its power needs to renewable energy sources by 2030. In May, the government approved a 20-year power purchase agreement with Adani Green Energy to develop 484-megawatt wind power stations in the northeast region.

The post ndo-Lanka joint energy projects dominate bilateral talks between Jaishankar and Wickremesinghe appeared first on Lanka Focus.

Sri Lanka: Accountability needed for enforced disappearances

admin — Fri, 21 Jun 2024 05:28:58 +0000

Sri Lanka: Accountability needed for enforced disappearances

Sri Lanka must ensure accountability for decades of enforced disappearances – UN report

GENEVA (17 May 2024) – Sri Lanka’s Government must take meaningful action to determine and disclose the fates and whereabouts of tens of thousands of people who have been subjected to enforced disappearance over the decades and hold those responsible to account, a UN Human Rights Office report released today says.

It calls on the Government to acknowledge the involvement of State security forces and affiliated paramilitary groups, and to issue a public apology.

“This report is yet another reminder that all Sri Lankans who have been subjected to enforced disappearance must never be forgotten,” said UN High Commissioner for Human Rights Volker Türk. “Their families and those who care about them have been waiting for so long. They are entitled to know the truth.”

“The Government owes it to all those who have been forcibly disappeared. It is critical for these crimes to be investigated fully. These crimes haunt not only their loved ones, but entire communities and Sri Lankan society as a whole.”

Despite some positive formal steps by successive governments, such as the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance, the establishment of the Office on Missing Persons and the Office for Reparations, tangible progress on the ground towards comprehensively resolving individual cases has remained limited, the report finds.

Between the 1970s and 2009, widespread enforced disappearances were carried out primarily by Sri Lankan security forces and affiliated paramilitary groups. The Liberation Tigers of Tamil Eelam also engaged in abductions which the UN Working Group on Enforced or Involuntary Disappearances described as “tantamount to enforced disappearances”.

Based on individual and group interviews, the report details the enduring psychological, social, and economic impact of enforced disappearances on the families of those forcibly disappeared, especially women. As most disappeared individuals have been male, women have often become the sole income-earner for a family, in a labour environment that poses many obstacles to women’s participation, including risks of sexual harassment and exploitation.

It adds that many women who have been at the forefront of efforts to find the disappeared have themselves been subjected to violations, including harassment, intimidation, surveillance, arbitrary detention, beatings and torture at the hands of army and police. “They told me if I continue, they will cut my husband in pieces or that they will go after my children,” said a woman who is still seeking a loved one.

Under international law, it is a clear obligation for the State to resolve cases of enforced disappearances, which constitute continuing violations, until the fate and whereabouts of those disappeared are clarified, said the High Commissioner.

Yet, most victim families remain without such clarification. “Two weeks passed, then two months, then two years. Now it has been 32 years, and I am still waiting,” said a man who testified before a national commission of inquiry about his disappeared son.

Successive commissions of inquiry have been created by the Government. However, only a few of their reports have been made public and even when published, access has usually been limited. Most recommendations, particularly those relating to criminal accountability, have not been implemented. Alleged perpetrators, including current and former senior officials and diplomats, continue to evade justice.

Despite the passage of nearly 15 years since the end of the armed conflict, and many decades since the earliest waves of enforced disappearances, Sri Lankan authorities are still failing to ensure accountability for these violations. “Accountability must be addressed. We need to see institutional reform for reconciliation to have a chance to succeed,” said Türk.

https://www.ohchr.org/en/press-releases/2024/05/sri-lanka-accountability-needed-enforced-disappearances

The post Sri Lanka: Accountability needed for enforced disappearances appeared first on Lanka Focus.

Petitioners seek SC intervention against Mannar Wind Power Project

admin — Fri, 21 Jun 2024 05:02:55 +0000

Petitioners seek SC intervention against Mannar Wind Power Project citing public interest

The Bishop of the Diocese of Mannar and three prominent environmentalists this week petitioned the Supreme Court in the public interest against the proposed 250 MW Mannar Wind Power Project by Adani Green Energy.

Rev. Dr. Fidelis Lionel Emmanuel Fernando along with Rohan Pethiyagoda, Prof. Nimal Gunatilleke and Prof. Sarath Kotagama have challenged the procurement process and proposed construction of the project by Adani Green Energy PTE Ltd and/or Adani Green Energy S L Limited.

The case names 67 respondents including the Cabinet of Ministers, the Sri Lanka Sustainable Energy Authority (SLSEA), the Central Environmental Authority (CEA), the Board of Investment, the Ceylon Electricity Board, the Public Utilities Commission Sri Lanka and the Attorney General, among others.

It raises concerns regarding the credibility of the project’s environmental impact assessment (EIA) and the role played by the SLSEA. It flags certain procedural issues in the awarding of the purported contract and questions the characterisation of the project as a government-to-government deal.

It questions the basis for the negotiated tariff to be fixed at USD 8.26 cents per kilowatt-hour for a period of 20 years when the EIA conducts its assessment based on a cost of USD 4.6 cents, potentially causing considerable financial loss to the country and a burden on consumers.

The petition also states that, notwithstanding the intensely public nature of the project, its vital importance to the general public and public resources, including the natural environment, as well as the paramountcy of transparency and openness in good governance, “there is a paucity of available data and information”.

It requests Court to compel the release of the entire files and records including the call for bids for (if any) and responses to both the Mannar and proposed 234MW Pooneryn plants; records of deliberations and negotiations; Cabinet memoranda and decisions; unit price discussions including formulae related to the computation of the price per kilowatt hour; the criteria and benchmarks or any other basis for assessments of the project; and other relevant information.

The petition holds that the EIA commissioned by the SLSEA “appears to be a formality, conducted with a premeditated intention/decision to award the construction and operation of the project to predetermined contractors”.

Despite the CEA being the designated body, it appears from publicly disseminated information that the Power and Energy Minister was de facto acting in the capacity of the project approving authority, it states.

There is no transparency surrounding the purported leasing of 202 hectares acquired on Mannar Island for the project; and no information on compensation payable to affected landowners, the cost of which should be recovered from the investor.

The EIA has also not adequately evaluated alternative sites—Ambewela, the South East coast, Kalpitiya and Jaffna—or expressed “any acceptable rationale” for why Mannar Island was chosen.

“The promotion of Mannar when compared to other sites is made even more confounding given that it is the focal point of the Central Asian Flyway for over five million [5,000,000] migratory birds travelling to, and through, Mannar island on an annual basis, making it a crucial area for conservation and tourism which aspects are not as markedly evident in the other sites considered,” the petition states.

In seeking their relief, the petitioners pray that the Supreme Court declares a violation of their fundamental rights and that of the citizenry at large and the decisions made to award the project to Adani as wrongful; and calls for any consequential actions undertaken to be declared illegal.

The petition states that the case has been filed to further the national interest, to preserve and protect public property, including the environment, flora and fauna, public finances and to safeguard the rights and freedoms of the general public of Sri Lanka and its future generations.

https://www.sundaytimes.lk/240616/news/petitioners-seek-sc-intervention-against-mannar-wind-power-project-citing-public-interest-560422.html

The post Petitioners seek SC intervention against Mannar Wind Power Project appeared first on Lanka Focus.

Hypocrites as democrats

admin — Thu, 30 May 2024 04:24:46 +0000

Hypocrites as democrats

Thursday 30th May, 2024

Opposition politicians and some of their government counterparts have taken up the cudgels for the people’s franchise following UNP General Secretary Palitha Range Bandara’s call for postponing the next presidential and parliamentary polls by two years. They say they are ready to do all it takes to prevent the postponement of elections.

Bandara’s proposal could be considered a trial balloon floated at the behest of the UNP leadership. However, it is doubtful whether the UNP will dare make an attempt to postpone the upcoming presidential election. There is no constitutional provision for such a course of action. President Ranil Wickremesinghe has reportedly said the presidential election will be held, but why the UNP’s proposal at issue has caused so much concern to the public is understandable.

The UNP has an ugly history of trifling with the people’s franchise; it caused a general election to disappear, so to speak, in 1982, with the help of a heavily-rigged referendum. Old habits are said to die hard. The UNP must be made to regret having entertained the idea of postponing national elections again.

The question however is whether some of the self-proclaimed champions of democracy could be trusted with the task of protecting the people’s franchise, given their sordid past. They are trying to win some brownie points with the public by condemning the UNP, which they once honeymooned with and assisted in suppressing democracy.

Prominent among those who are hauling the UNP over the coals are the JVP/NPP and the SLPP. JVP/NPP Leader Anura Kumara Dissanayake, MP, has declared that his party will never allow the UNP to postpone elections. Amusingly, the SLPP, too, has jumped on the bandwagon; its National Organiser, Namal Rajapaksa, has said his party is ready to go to any extent to defeat the UNP’s move to postpone elections. He has claimed that under the Rajapaksa governments, elections were never delayed. These politicians seem to think Sri Lankans have drunk from the Lethe (‘River of Forgetfulness’) or are a bunch of fools.

Both Namal and Anura apparently have a very low opinion of public intelligence. The SLPP has postponed the Local Government (LG) elections twice. First, it put off the mini polls on President Gotabaya Rajapaksa’s watch in early 2022, unable to face the public; the second postponement of the LG polls came under President Wickremesinghe, who audaciously claimed there were no funds for elections. The SLPP endorsed his position. What moral right does the SLPP have to condemn the UNP for stifling democracy while helping President Wickremesinghe make draconian laws? The Rajapaksas are running with the public and hunting with the UNP, in a manner of speaking.

The JVP, which has taken the moral high ground, unflinchingly helped the UNP-led Yahapalana government postpone the Provincial Council (PC) elections. It voted for amending the PC Elections Act for that purpose in 2017. What Parliament passed became a textbook example of the proverbial Christmas tree bill, given the sheer number of riders; the final draft contained more additional sections than the original text due to extensive committee-stage revisions effected by the Yahapalana government to bypass judicial review. The TNA, the UNP, the UPFA including its dissidents, the SLMC, etc., voted for that obnoxious Bill. The SJB politicians and their SLPP counterparts were in the UNP and the UPFA, respectively, at the time.

The SLFP postponed a general election in 1975 by two years, creating an extremely bad precedent, which the UNP followed eight years later. The JVP committed heinous crimes in a bid to sabotage elections in the late 1980s. Its sparrow units murdered people and/or cut off their hands for voting. Those brave men and women who sacrificed their lives to save democracy have been forgotten, but the criminals who were responsible for heinous crimes against them are commemorated every year! The JVP’s spree of violence aimed at scuttling elections in the late 1980s stood the UNP in good stead as it created conditions for widespread rigging, which helped extend the UNP’s undemocratic rule.

There is no gainsaying that the UNP deserves all the bashing it receives, and must be prevented from suppressing democracy, but its critics are no paragons of virtue, as can be seen from their ruthless attacks on democracy or contribution thereto in the past or even at present. No wonder anti-politics is on the rise with public resentment welling up. The least that the self-styled defenders of democracy could do to assuage public anger is to apologise for their sins and seek forgiveness.

Hypocrites as democrats

The post Hypocrites as democrats appeared first on Lanka Focus.

EC writes to Prez Secy. on LG polls

admin — Thu, 09 May 2024 06:44:32 +0000

EC writes to Prez Secy. on LG polls

Says holding polls the answer, not community advisory comms., to oversee LG dev. projects
SJB backs same & warns of legal action

The Election Commission (EC) has informed President’s Secretary Saman Ekanayake and the other relevant authorities that it is better to hold the Local Government (LG) elections than establishing community advisory committees to oversee development projects under LG bodies.

The Government recently announced plans to establish these committees, with the alleged intent of having them oversee development projects within LG bodies. Former LG representatives are also slated to be considered for inclusion as members of these committees.

When contacted by The Daily Morning, EC Chairperson R.M.A.L. Rathnayake mentioned that the EC had examined the issue and sent a letter to the President’s Secretary outlining important considerations for setting up the committees in question.

“We recommended that candidates who have submitted nominations for the LG elections should not be included in these committees, given that the electoral laws are still in effect.” He noted that the need to establish these committees arose because the LG bodies currently lack public representatives due to the delay in holding the LG Elections. As a solution, he said that they (EC) recommended to the relevant authorities, including the President’s Secretary, that holding the LG elections would be a better approach than establishing committees to fill the gap left by the absence of public representatives. When queried as to whom the relevant notification was made, Rathnayake said that it was informed to the President’s Secretary, the Prime Minister’s Secretary, the Provincial Governors and their Secretaries, and the District Secretaries.

The Government’s preparation to establish community advisory committees has raised significant concerns, with the main Parliamentary Opposition, the Samagi Jana Balawegaya (SJB) alleging that the Government plans to conduct their election campaigns disguised as community advisory committees overseeing development projects in LG constituencies.

“This move is an attempt to gain political advantage. Arbitrarily empowering Governors to form these committees could allow them to steer public resources toward their own political ends,” noted SJB and Opposition Leader Sajith Premadasa yesterday (8). “It’s not the first time that we’ve seen this Government manipulate systems to its advantage,” he added, referencing a previous effort where power was prepared to be given to the former Mayors and Chairpersons of LG bodies — a strategy that he claimed was eventually withdrawn after legal challenges.

Premadasa also questioned the true purpose of these committees, querying as to why their objectives could not be met through existing regional mechanisms like Divisional and District Secretariats, and District Coordination Committees. He also said that the SJB would legally challenge the establishment of these committees, raising concerns that candidates who had submitted nominations for the LG elections could be chosen to fill these committees’ roles.

The LG elections were initially set for March 2023, but were delayed because the Finance, Economic Stabilisation, and National Policies Ministry and the General Treasury did not release the necessary funds. The EC rescheduled the elections to April 2023, but the funding issue persisted, resulting in the indefinite postponement of the LG elections.

https://lankafocus.org/wp-admin/post.php?post=2149&action=elementor

The post EC writes to Prez Secy. on LG polls appeared first on Lanka Focus.

Indo-SL passenger ferry service to resume mid-May

admin — Fri, 03 May 2024 08:52:06 +0000

Indo-SL passenger ferry service to resume mid-May

The passenger ferry service between Nagapattinam, India, and Kankesanthurai (KKS) in Sri Lanka, which resumed in October of last year (2023) after almost 40 years, only to be stopped days later, is set to recommence on 13 May.

Online ticket sales for the service, which will be handled by a new operator, will go live on 6 May.

On 14 October 2023, Prime Minister Narendra Modi virtually flagged off the service between Nagapattinam and KKS. The high speed craft Cheriyapani operated by the Shipping Corporation of India under KPVS Private Limited however, stopped the service after about a week, allegedly due to the monsoon. After a gap of six months, the service is set to resume. This time though, a Chennai-based travel operator, IndSri Ferry Services Pvt. Ltd., would handle the international service through the ship, ‘Sivagangai’.

“The service will be offered daily. Ticket sales open from 6 May through our website www.sailindsri.com for voyages between 13 May and 15 November,” said IndSri Ferry Services Managing Director S. Niranjan Nanthagopan. A ticket from the Nagapattinam Port to KKS is currently priced at $ 50 plus taxes. The pricing is the same for the return service.

Passengers are allowed to carry 60 kilograms of baggage on board without charges. Further, they are allowed to change their date of travel 72 hours before the scheduled trip. Full refund is also available on cancellation only during the said period.

(The New Indian Express)

https://www.themorning.lk/articles/soo53ZCN1wH8ypxW8WLS

The post Indo-SL passenger ferry service to resume mid-May appeared first on Lanka Focus.

The ‘due process’ clash of the law

admin — Fri, 03 May 2024 08:21:25 +0000

The ‘due process’ clash of the law

03 May 2024 | BY Buddhika Samaraweera

Private/unofficial bar lawyers & the Public Security Min. exchange salvos over the ‘Yukthiya’s’ ‘wayward’ ‘mission’

In a landscape fraught with tension, a clash has emerged between the Public Security Minister Tiran Alles and the Bar Association of Sri Lanka (BASL) over the controversial ‘Yukthiya’ (Justice) anti-drug and anti-organised crime operation.

The BASL contends that the said operation has veered off course, with due legal procedures often disregarded, while Minister Alles refutes these claims, accusing the BASL of shielding criminals under the guise of defending justice. This conflict has stirred public opinion, with legal professionals insisting that rather than condemning lawyers for representing suspects, Alles should focus on bolstering Police investigations to ensure that justice is served without infringing on civil liberties.

Following directives from Alles and the Inspector General of Police (IGP) Deshabandu Tennakoon, the ‘Yukthiya’ operation was initiated to eradicate drug trafficking and organised crime activities across Sri Lanka. The operation, supported by the Special Task Force (STF) and the Army, has spanned multiple Provinces, with a focus on the Western and Southern Provinces. The result has been the arrest of thousands of suspects for drug related offences and other organised criminal activities during extensive raids. This large-scale crackdown represents one of the most talked-about efforts in recent years to combat organised crime and the drug menace in the country.

The BASL has consistently voiced its critique of the ‘Yukthiya’ operation, stressing the importance of conducting such crackdowns within the boundaries of the due legal process. In contrast, Alles has been defending the operation, asserting that it complies with all the legal requirements.

The conflict had somewhat faded into the background for a few weeks, but a recent remark by Alles ignited the flames once more. His statement that “eliminating criminals is not a sin” and advice to the law enforcement officers “not to be afraid to use their weapons to do the right thing” stirred a strong response from the BASL. Reports have then emerged suggesting that the Public Security Ministry plans to publicly disclose the names of lawyers who represent criminals and drug traffickers in courts. The proposed move has raised significant concerns within the legal community, with many seeing it as an attempt to intimidate or undermine their role. This Ministry has since denied plans for such an exposé.

Speaking to The Daily Morning, attorney Thineth Korasagalla described the nuanced framework of justice, pointing out that there are three distinct types of decisions: those from the society, those from the Judiciary, and those from nature. He highlighted that social judgement, which stands at the centre of much public discourse, is not always accurate. “Society’s decision is not always correct. There are hundreds of events which have been proven to be wrong through judicial proceedings.” To avoid miscarriages of justice, he emphasised that proper investigation is crucial. “Weak investigations could lead to even hardened criminals and drug dealers walking free. The Minister’s (Alles) focus should be to ensure thorough investigations that bring the most guilty to trial.” He also emphasised that a lawyer representing a suspect does not impede justice, adding that it is the quality of the investigation that ultimately determines the outcome. “The establishment of charges against a suspect through proper and evidence based investigations will ensure that the accused are punished, regardless of which lawyer represents them.”

When contacted by The Daily Morning, attorney Swasthika Arulingam who is also an activist vocal on women’s rights, human rights, and politics, said that a Minister making remarks suggesting that lawyers are protecting drug traffickers and criminals, could have grave consequences on judicial proceedings and the professional freedom of attorneys. “What he (Alles) is implying is that the Police can use extreme measures on the ground. If the Police believe that someone is a criminal, they could even shoot them. If someone is suspected to be a drug trafficker or a criminal, they don’t have any rights, and should not even be represented by a lawyer in courts. This is what he implies.”

She said that such statements may foster a social psyche that justifies violence and denies the suspects their rights. “When such a psyche is there, even if an innocent is framed as a drug trafficker or criminal, justice is very hard to come by. When an attorney is defending them, the Minister (Alles) is making them (lawyers) criminals too. It is a worrying situation.” Arulingam underscored that this mindset could have a chilling effect not only within the courts but also in the society at large. “Simply because someone is arrested by the Police, it does not mean that they are criminals as it needs to be proven in court,” she said, emphasising that statements like these could make it harder for suspects to get a fair trial. She warned that statements encouraging the usage of weapons could embolden the Police to engage in torture, knowing that the higher-ups’ rhetoric offer them protection. “If lawyers are viewed as criminals themselves for defending the suspects, the entire legal process is undermined. It creates an environment where justice is difficult to achieve both in and out of courts.”

She added that the Government is attempting to put a certain class of people away from society, without taking action to provide them the opportunity to have a better life. “When it comes to drug trafficking, the people are getting addicted to drugs because economic structures have been dispossessing them over the past. They don’t have work and they are hungry. When someone comes and gives them drugs, they use it. The Government then tries to put them away from society, which is wrong.”

Another lawyer said that the scales of justice would turn unfavourable against those who are accused, leaving them vulnerable to the full weight of the State’s prosecutorial power, if the protection of legal representation is absent or discouraged. “This imbalance could result in suspects being denied a fair hearing, where their rights are not properly defended or their perspective is inadequately represented. As a consequence, there is a heightened risk of wrongful convictions, where innocent people might be punished for crimes that they didn’t commit.” When suspects are not properly represented, he said that it would open the door to coercive practices, such as forced confessions or mistreatment by the law enforcement agencies. “Such outcomes do more than harm the individuals involved as they erode public trust in the entire legal system, in turn creating a perception that justice is arbitrary or biassed.”

Commenting on the matter, attorney Samantha Premachandra said that Sri Lanka’s legal system is fundamentally adversarial, and that at its core lies the presumption of innocence. “Anyone accused of a crime is presumed innocent, and that presumption can only be overturned through a court judgement.” He emphasised that every citizen, regardless of the accusation against them, has the right to legal representation in court by a lawyer. “If anyone tries to undermine or discourage that right, it is not just the accused who suffer; it impacts the entire system of justice,” he warned. He said that an attack on this foundational principle could have far-reaching implications. “If that right is taken away or altered, it could affect everyone. Today, it is alleged drug traffickers and criminals, tomorrow, it could be us.”

The lawyers’ remarks come in the wake of the BASL recently calling for the removal of Alles following his controversial remarks at the Katukurunda STF training camp’s passing out parade. Alles reportedly told the media, “Eliminating criminals from the country is not a sin,” and said that they should not be afraid to use weapons to do the right thing. The BASL condemned the statement, arguing that it violates the Constitution and the criminal justice system’s principles, emphasising that justice should be administered by courts through the due process. Voicing concern over recent increases in extrajudicial killings, custodial deaths, and Police torture, they suggested that Alles’ comments could further encourage such illegal actions. They also urged President Ranil Wickremesinghe to remove Alles as the Public Security Minister, describing his remarks as “irresponsible, arbitrary, and misleading.”

Alles was not available for comment.

When contacted by The Daily Morning, the Secretary to the Public Security Ministry, Viyani Gunathilaka said that he cannot comment on the matter as it was the Minister (Alles) who had made comments concerning the BASL. He further said that the Ministry had no plan to publicise the names of lawyers who appear for suspects in drug and crime related cases in courts, as suggested by recent media reports.

As the debate continues, the BASL’s call for due process and legal integrity serves as a reminder that the path to justice must be rooted in legal frameworks that protect the rights of all individuals, regardless of the accusations against them. The Ministry’s assurance that it has no plans to publicise the names of lawyers representing suspects offers a degree of relief, but, the broader issue of maintaining a fair and just legal system remains at the forefront of the public discourse.

https://www.themorning.lk/articles/g3TxCOfM4ZgTYTcRQaI7

The post The ‘due process’ clash of the law appeared first on Lanka Focus.

Charitha warns of impending constitutional crisis

admin — Wed, 06 Dec 2023 06:37:48 +0000

Charitha warns of impending constitutional crisis

Accuses President of treating Constitutional Council as an agency under his authority
Emphasises necessity for an extensive discussion on issue within Sri Lankan society
Says action of Govt. could lead to a crisis in governance and it must be stopped

Freedom People’s Congress (FPC) member and parliamentarian Prof. Charitha Herath issued a warning yesterday, expressing concern about an impending constitutional crisis in the country.

The MP said that in each constitutional amendment since the 17th amendment to the constitution, there has been deliberation on limiting the powers of the Executive, ultimately leading to the establishment of the Constitutional Council under the 21st Amendment to the Constitution.

Commenting on the necessary composition of the Constitutional Council, Herath pointed out that, at present, members from opposition parties, excluding the primary opposition party, have yet to be appointed to the council.

He observed that although President Ranil Wickremesinghe has put forward the President of the Court of Appeal for a vacant position in the Supreme Court, there is a divided opinion within the Constitutional Council.

“Consequently, the President addressed the issue in a recent parliamentary statement, expressing a perception that the Constitutional Council was established to assist the Executive in its functions,” he remarked.

Highlighting opposition from others, Herath emphasised the necessity for an extensive discussion on this issue within Sri Lankan society.

“He not only conveyed these sentiments but also suggested the formation of a parliamentary select committee to investigate the actions of the Constitutional Council. Additionally, a media report has disclosed that the President has suspended the printing of a gazette pertaining to a 40-page manual outlining the procedures of the Constitutional Council. The potential appointment of a select committee further reinforces my belief that there are indications of an imminent constitutional crisis,” he said.

Herath noted that the Constitutional Council was proposed by the United National Party led by Wickremesinghe and the common belief is that the Council was set up by UNP-led Governments to give some power back to the Parliament from the Executive.

“However the President has deviated from this and is acting in a manner treating the Council as an agency under his authority. This could result in a crisis in governance. This must be stopped,” the MP said.

https://www.ft.lk/news/Charitha-warns-of-impending-constitutional-crisis/56-755977

The post Charitha warns of impending constitutional crisis appeared first on Lanka Focus.

Sri Lanka ready to join BRI phase two, China FTA to be expedited

admin — Tue, 21 Nov 2023 08:40:55 +0000

Sri Lanka ready to join BRI phase two, China FTA to be expedited

ECONOMYNEXT – Sri Lanka is among countries ready to join the second phase of China’s Belt & Road Initiative (BRI), with a free trade agreement (FTA) between the two countries to be also expedited, according to a discussion between President Ranil Wickremesinghe and a top Chinese official.

Wickremesinghe told visiting special envoy of the Chinese President, state councillor Shen Yiqin, that the BRI is expected to make a more substantial economic contribution, according to a statement from the president’s office said Monday November 20 afternoon.

China is also prioritising the extension of a China-Myanmar Economic Corridor to the island nation, according to Yiqin.

This was during a courtesy call paid by President Xi Jinping’s envoy to President Wickremesinghe Monday morning in Colombo. Both parties also agreed to expedite the implementation of the China-Sri Lanka Free Trade Agreement, the statement said.

The primary focus of the meeting was to enhance tourism and trade relations between the two countries, according to the statement.

“The President expressed gratitude for China’s support to Sri Lanka, notably acknowledging their assistance in the country’s debt restructuring programme. He extended sincere thanks to the Chinese President and the government for their invaluable support in this regard,” the statement said.

Wickremesinghe also expressed Sri Lanka’s desire to augment cooperation between the two countries in the fields of tourism, sports and agriculture . Both the Hambantota Port and Colombo Port City are currently prepared for investment opportunities, he said.

“The President also noted that countries such as Sri Lanka, participants in the Belt & Road initiative, are prepared to embark on the second phase of the initiative, which is expected to make a more substantial economic contribution.

“The President outlined the measures taken by Sri Lanka to access the Regional Comprehensive Economic Partnership (RCEP), and further affirmed Sri Lanka’s commitment to preserving the Indian Ocean as a free zone for navigation and ensuring it remains a peaceful region, free from global geopolitical rivalries.”

The visiting Chinese official has said her government is prioritising the extension of the China-Myanmar Economic Corridor to Sri Lanka.

Yikn reaffirmed China’s enduring support to Sri Lanka and emphasised her commitment to strengthening the relations between the two countries, the president’s office said. (Colombo/Nov20/2023)

Sri Lanka ready to join BRI phase two, China FTA to be expedited

The post Sri Lanka ready to join BRI phase two, China FTA to be expedited appeared first on Lanka Focus.

Harsha exposes flaws in 2024 Budget in hard hitting critique

admin — Fri, 17 Nov 2023 08:33:28 +0000

Harsha exposes flaws in 2024 Budget in hard hitting critique

Alleges blatant violation of the Fiscal Management Responsibility Act in Budget 2024, with Budget deficit exceeding 5%
Says staggering increase in poverty affecting 3 to 7 million people, highlighting a critical issue overlooked in Budget
Critiques Govt.’s “Oxymoron” economic approach and absence of a comprehensive plan for making Sri Lanka an advanced economy by 2048
Says tax burden is excessively high, risking a decline in consumption, business failures, and an exodus of professionals
Reveals 18% VAT items list; calls it unfair; alleges COL allowance hike an eyewash
Expresses gratitude to petitioners who played pivotal role in recent Supreme Court verdict on economic crimes
Calls for a parliamentary discussion on civic rights of those found guilty of bankrupting Sri Lanka
Proposes robust measures to combat corruption, including the implementation of STAR program
Emphasises reservations regarding Macro-linked Bond (MLB) proposal, says it raises questions about potential benefits favouring external investors over provident fund workers during debt restructuring
Argues a 30% haircut is inadequate for ensuring debt sustainability, underscoring need for a more comprehensive and equitable approach
Says urgency for transparency, accountability, and a visionary approach for a new economic trajectory

Ina compelling address toParliament, main Opposition Samagi Jana Balawegaya (SJB) MP Dr. Harsha de Silva delivered a comprehensive critique of Budget 2024, shedding light on critical issues that demand urgent attention.

De Silva, who is also the Committee on Public Finance (COPF) Chairman, meticulously outlined the shortcomings and concerns surrounding the economic policies proposed in the budget, providing a stark contrast to the optimistic claims made by the Government.

Dr. de Silva commenced by pointing out a blatant violation of the Fiscal Management Responsibility Act (FMRA) within Budget 2024, citing an alarming budget deficit exceeding 5%.

He substantiated his concerns by referencing reports from LirneAsia, the World Bank, and UNDP, revealing a staggering increase in poverty affecting 3 to 7 million people. The multi-dimensional vulnerabilities highlighted by UNDP underscored the severity of the crisis, with over 50% of those affected categorised as multidimensionally poor.

De Silva expressed gratitude to petitioners who played a pivotal role in the recent Supreme Court verdict on economic crimes. He emphasised that the court›s rigorous discussion identified key figures, including Mahinda Rajapaksa, Gotabaya Rajapaksa, Basil Rajapaksa, Ajith Nivard Cabraal, and Dr. P.B. Jayasundara et al, as responsible for the economic downturn, pushing over 4 million people into poverty. He called for a parliamentary discussion on the civic rights of those found guilty of bankrupting Sri Lanka.

Contrary to the President›s claims of stabilised inflation and economic equilibrium, de Silva cited CBSL former Deputy Governor W.A. Wijewardene›s statistics. The cost of living for a family of four, he revealed, had surged from Rs. 91,880 in January 2021 to Rs. 175,490, illustrating a 91% increase in the last two years.

Labelling the current Government as an «Oxymoron,» SJB MP drew a parallel to Shakespeare›s Romeo & Juliet. In this case, ‘being together is such a sweet sorrow’. He raised questions about the legitimacy of the Government›s economic vision. MP Harsha presented a scientific analysis of the growth targets set by the Government. To achieve advanced economic status by 2048, he highlighted the necessity of a growth rate of 6.4% from 2027 to 2048. He challenged alternative claims, stating that even growing at 3% would delay reaching advanced economy status until 2068.

De Silva dissected Budget 2024, emphasising three critical pillars for Sri Lanka›s recovery: eradicating corruption, creating economic opportunities, and ensuring social equity. The seasoned politician delved into each point, offering a pragmatic assessment and proposing viable alternatives.

Need to combat corruption

He underscored the need for robust measures to combat corruption across various sectors. He criticised the absence of tangible anti-corruption initiatives, citing examples like the cricket scandal, sugar tax scam, and fraudulent activities in the liquor industry. The SJB parliamentarian questioned the Government’s inaction and proposed the implementation of the Stolen Assets Recovery (STAR) program and the establishment of an independent prosecutor’s office, as outlined in the SJB blueprint.

Moving to the second point, de Silva highlighted the importance of creating economic opportunities for youth in rural areas, empowering entrepreneurs, supporting small and medium businesses, and ensuring fair prices for farmers. He argued that eradicating corruption alone is insufficient and advocated for a broader economic vision.

In his exploration of the third key aspect, the SJB MP shed light on the complexities of fiscal consolidation and expenditure reduction, emphasising the profound implications for social equity. Despite the President’s focal point on revenue-based fiscal consolidation, concerns surfaced regarding the comparatively meagre attention given to reducing overall expenditure.

He acknowledged challenges in curtailing expenditure, particularly in vital sectors like Health and Education, allocated a modest 1.7% of GDP. However, he expressed reservations about funding directed to loss-making SOEs, exemplified by SriLankan Airlines, which sought Rs. 110 billion to settle liabilities to Ceylon Petroleum Corporation (CPC) recently. This raises concerns about fairness in comparison to the total expected revenue from PAYE of Rs. 100 billion annually or essential needs like children’s uniforms, a significant 27 times less.

Criticism was directed toward the extension of tax breaks, citing the Strategic Development Projects (SDP) Act and recent Supreme Court rulings on preferential tax treatment for associates, resulting in substantial losses to the Treasury.

He said a historical lens revealed a stark decline in Government revenue from 20-21% of GDP in 1994 to a current low of 8%, framing a narrative of economic transformation. The disparity between IMF revenue targets (15% of GDP by 2026) and the anticipated 10.2% for 2023 was underscored, calling for a substantial 2.5% increase, equivalent to Rs. 1229 billion.

Fairness and transparency for tax changes

However, concerns were articulated regarding proposed tax changes, especially their disproportionate impact on citizens through heightened consumption taxes. For example, the VAT hike from 15 to 18% and the removal of VAT exemptions for items like petrol, diesel, gas, and fertiliser could drive inflation up and consumption down. He called for fairness and transparency advocating for the disclosure of tax changes to Parliament, ensuring public awareness amid talks of Government giveaways.

De Silva proposed the Government implement his revised PAYE tax structure, significantly reducing the burden on professionals while still achieving the expected income. The MP lamented the lack of response from the Ministry of Finance to their proposal, contrasting it with the President’s call for cooperation.

Rallying cry for comprehensive reforms

In a dramatic climax, de Silva concluded that the proposed tax burden is excessively high, risking a decline in consumption, business failures, and an exodus of professionals from Sri Lanka.

His impassioned critique serves as a rallying cry for comprehensive reforms, emphasising the urgency of addressing corruption, fostering economic growth, and ensuring social justice to pave the way for Sri Lanka’s resurgence.

Acknowledging the Government’s efforts to broaden the tax net, de Silva highlighted initiatives such as the requirement for a Tax Identification Number (TIN) to open a bank account, obtain building permits, register vehicles, or renew revenue licence.

These measures, while commendable, de Silva said set the stage for a broader conversation about Sri Lanka’s economic trajectory, moving beyond stability to growth.

He stressed the imperative of transcending mere economic stability and transitioning towards sustainable growth. He referenced the International Monetary Fund’s (IMF) expectation for Sri Lanka to achieve debt sustainability by 2027, emphasising the challenges posed by a projected debt-to-GDP ratio of 104%, significantly exceeding the internationally accepted norm of 60%.

Expressing concern over the staggering debt-to-GDP ratio, de Silva underscored the potential ramifications, particularly the substantial interest payments. With interest payments for 2024 reaching a staggering Rs. 2,651 billion against revenue of Rs. 4,127 billion, he pointed out that Sri Lanka could become the world’s top contributor to interest payments relative to Government revenue.

Raising pertinent questions, the SJB MP inquired about the status of discussions with the Exim Bank of China and the agreement of the Paris Club, questioning the transparency of the process. He delved into the controversial Macro-linked Bond (MLB) proposal, expressing reservations about its potential benefits favouring external investors over the workers in provident funds who bore the majority of the burden during debt restructuring.

He passionately urged authorities not to bind future administrations to what he perceived as an unjust deal with International Sovereign Bond (ISB) holders. Furthermore, he reiterated that a 30% haircut is insufficient for debt sustainability. He questioned the beneficiaries of specific bonds, including the $500 million bond, and sought clarity on the ownership of Hamilton Reserve bonds amounting to $250 million. The recent Supreme Court decision added further complexity, prompting Harsha to call for transparency in navigating the fiscal challenges.

Expressing concerns about the stability of the banking system, de Silva questioned the lack of information on the promised asset quality review by the President. He delved into the Budget’s allocation of Rs. 450 billion for bank recapitalisation in 2025, emphasising the President’s acknowledgment that this amount may be insufficient.

The proposed 20% privatisation of the Bank of Ceylon (BOC) and People’s Bank was commended as a move towards stability and accountability, free from political influence.

De Silva painted a challenging picture for Sri Lanka’s future debt issuance, projecting a debt of $ 68 billion by 2027. He raised critical questions about sourcing the required funds through taxes and the conversion of tax revenue into dollars. Addressing this, he emphasised the necessity of increasing forex reserves and advocated for a growth-oriented production economy.

Need for mindset shift to achieve higher growth rates

In a sharp critique of the current Government’s approach, the SJB MP highlighted the need for a mindset shift to achieve higher growth rates. He underlined the importance of breaking down barriers and reducing red tape to connect with global production networks. Referencing opposition to the Sri Lanka/Singapore Free Trade Agreement (FTA) by certain political entities, he advocated for an open-minded approach to foster economic growth.

Drawing inspiration from former President J.R. Jayewardene’s initiatives in the 1970s, de Silva emphasised the role of investments in building capital, especially in a country with low savings. He urged the creation of an environment conducive to entrepreneurs, promoting foreign direct investments as a means to fuel economic growth.

He proposed creative solutions such as building wind farms in Mannar and connecting Sri Lanka to India’s grid to earn valuable forex by exporting power to South India. He challenged conventional thinking, advocating for an open mindset in generating forex through innovative and collaborative projects.

De Silva ‘s comprehensive address underscores the intricate challenges facing Sri Lanka’s economic landscape and proposes strategic reforms to navigate the country towards equitable growth. His impassioned plea for transparency, accountability, and a visionary approach serves as a rallying cry for a new economic trajectory.

The post Harsha exposes flaws in 2024 Budget in hard hitting critique appeared first on Lanka Focus.