Features
Reflections on Geneva and the way forward
by Gnana Moonesinghe
Are Sri Lankan domestic initiatives for wartime accountability and reconciliation a non-starter?
Reflecting on this issue of culpability raises the question ‘is accountability and reconciliation a non issue among Lankan leaders?’ Governments come and governments go but this issue remains on the back burner raising the perennial question of who are the sons and daughters of this nation state? Is there a legitimate approach to their inherent human rights irrespective of their identity?
This query becomes urgent when the UNHRC begins its periodic investigation.
What has been the stumbling block in clearing this problem? By and large it has been a question of defining the concerns of the UNHRC and the position of the Sri Lankan government on this matter. The major issue is that of investigating the culpability of the forces during the three decade war with the LTTE and vice versa. The SL government looks upon some of the accusations as inconsequential non- events, claiming either that casualties have been at a minimal or negligible level or there have been none at all. Hence its claim that there is no serious issue calling for investigation by the UNHRC.
On the contrary, ever grateful for terminating the three decade war and the elimination of the dreaded leader of the LTTE, the Southern constituency spearheaded by their political leaders have created an ‘aura’ around the forces. On the basis of their success the forces have been categorized as a special breed who cannot be criticized or questioned on any war-related matter; they are referred to as the veerodhara or war heroes. This is a fair tribute to the forces responsible for winning the war for the Nation. Yet it is questionable to presume that they could not have done any harm in the past nor can they do so in the future.
However, there is no denying that in the course of waging a war and heat of battle when judgment of right and wrong becomes cloudy and sometimes imperceptible; elimination of the enemy by whatever means takes precedence. Some errant behaviour in such circumstances is to be expected and in a war context, acceptable. However the entirety of the forces have been identified as an exclusive group who can do no wrong and consequently need not even be investigated let alone charged of any offence. In such a context, there is no possibility of an understanding between the government of Sri Lanka and the UNHCR. The Sri Lankan state has maintained this position even in the face of credible evidence of grave crimes and human rights violations by the forces as well as the LTTE. The external call for investigation will not resonate with the authorities within the Sri Lankan nation since the latter is in denial and will not accept even evidence presented to them.
Over the years UNHCR had made repeated requests for a review with recognized legal experts to have this matter of culpability investigated in order to arrive at an acceptable verdict. The Lankan authorities did not go along on the ground of external intrusion into the nation’s sovereignty. Had we accepted expert legal investigation this matter could have been concluded a long time ago and the nation could have stepped on to the path of reconciliation. There is undoubtedly an issue of sovereignty but on this matter it could have been waived in terms of practicality.
There are occasions when we have sought assistance from international organizations to overcome domestic exigencies like assistance from the World Bank. On such occasions we were compelled to submit to conditions even briefly. I believe at times like this there is a need to be pragmatic. What is sought is confined to a safe area of advice proffered and not action demanded. It is up to the authorities to know when it is necessary to compromise on our stand on sovereignty for the sake of pragmatism and winning reasonable external goodwill, and when it is necessary to stand up for the nation’s sovereign rights.
It has also become vital to establish cohabitation for the sake of internal peace among the communities without relevance to international players. If this had been followed, then it would have been possible to keep peace between the different communities. There would then have been no role for the UNHCR.
Insularity encourages growth of anti-democratic tendencies as we have seen in this country. In such circumstances the politicians and the citizen have no yardstick- in terms of world standards – by which their behaviour can be measured. The 19th Amendment to the Sri Lankan constitution restraining authoritarianism was withdrawn and 20A put in place restoring many of the powers of the Executive. It also encouraged the installation of several military personnel to administrative positions. This fueled a fear psychosis of an emerging military government among the people.
In this atmosphere reconciliation has receded in importance especially after the Easter attacks by Muslim extremists against Christians who were in church or going to church. This increased the already strained relationship between the Muslims and the Sinhalese following the Southern turmoil that was created by Sinhala chauvinists against the Muslims and further bruised relationships.
This situation of ethnic tension is complicated by the lack of guidance from the leaders of the two minority communities. We had a recent incident of Muslim MPs voting with the government to enable it to have have the required two thirds majority for the passage of 20A. This resulted in many differences among the Muslims. Voting for 20A had no prior support from the people they represent and appeared to have been a spot decision by the Muslim MPs. The Tamil leadership in the North on the other hand is concerned with agitating for increased administrative power rather than making policy decisions that will benefit the jobless men and women and the war widows living in extreme poverty .
Since the issue of reconciliation has been put on the back burner, frustration is creeping among the Tamils. To date the international community has not been in a position to compel the government to be accountable for the actions of the forces during the war, particularly its closing stages. The authorities who could move in this matter have been non-starters; therefore the initiative has to come from especially enlightened men and women at the helm of power as well as from civil society.
It is time to think afresh independently rather than along oft repeated UNHRC concerns or those of our leaders. Even after the passage of the Sinhala Only Bill, the Muslims as a community were looked upon by the Sinhalese as a friendly ally. They presented themselves as a community willing to learn Sinhala and accept employment where available. They created wealth by setting up numerous small businesses. Until the anti-Muslim riots targeting Muslims in the south in 1918, the Muslim community had remained friendly and cooperative with the Sinhala majority.
In fact during the war years some among the Muslims who had the capability acted as a fourth column and gave vital intelligence to the establishment. After the end of the war the situation changed when the Sinhala Buddhist extremists were keen to make their position stronger.
The upcoming UNHRC sessions on Sri Lanka highlights the major issue of Sri Lanka’s withdrawal from its commitments to that body in Geneva. UNHRC clims its observations have been made following investigation of both the government forces and the LTTE. There is therefore no bias against the government, it urges. The investigations seem to have focused on evidence of serious violations of the rights of the victims. The purpose of the UNHRC is to investigate and prove or disprove culpability or non-culpability of individuals charged with rights violations. This will hopefully conclude the investigations and bring closure to the vexed issue of whether there were human rights violations or not and open the way to sustainable peace.
To enable closure of this matter, both the Lankan forces and the Tamil Tigers need to be investigated and prosecuted if found culpable. Regardless of repeated requests SL has not acceded to this and UNHCR has unilaterally requested other member countries to investigate contentious matters and if guilt is established, access the International Criminal Courts and proceed under Extraterritorial or Universal jurisdiction. Such a step would seem to be a high handed action, an intrusion into a nation’s independence even if it be justified under extraterritorial or universal jurisdiction. It is perhaps acceptable in these circumstances to pursue soft targets such as asset freezes and travel bans against the members of the administration to activate the government that has remained sluggish on this issue.
To make reconciliation a workable proposition, it is necessary for the government to probe the issue of hitherto unaccounted persons or the disappeared, as they are commonly known. They may be dead, in custody or have fled to foreign countries hoping for a better future for themselves and become a part of the diaspora. However that be, it is vital that their near and dear have information of their whereabouts. Without that there can be no closure. Security of citizens is a primary responsibility of a government. Regardless of UNHCR’s concern, this matter must be given priority if the country is to be at peace and return to normalcy. Ensuring this will effectively cramp LTTE and diaspora propaganda keeping the ethnic issue alive.
It is also important to ensure inclusion of all communities in education, employment and in the peaceful pursuit of the small scale businesses. Development of the country requires among other variables the absence of tensions between communities, either spontaneous or pre-planned by extremists from either side. The government must strategize its own approach and programs as well as those of other active players in the development sphere if peace and harmony is to prevail. If we look after our own population there will be no reason for the international community to concern themselves about the welfare of our people. That will give us space to develop our programs for the benefit of all Lankans irrespective of majority and minority divisions. Peace can then prevail and the country grow in strength.
by Dr Gotabhya Ranasinghe
Senior Consultant Cardiologist
National Hospital Sri Lanka
When we sought a meeting with Hon Dr. Ramesh Pathirana, Minister of Health, he graciously cleared his busy schedule to accommodate us. Renowned for his attentive listening and deep understanding, Minister Pathirana is dedicated to advancing the health sector. His openness and transparency exemplify the qualities of an exemplary politician and minister.
Dr. Palitha Mahipala, the current Health Secretary, demonstrates both commendable enthusiasm and unwavering support. This combination of attributes makes him a highly compatible colleague for the esteemed Minister of Health.
Our discussion centered on a project that has been in the works for the past 30 years, one that no other minister had managed to advance.
Minister Pathirana, however, recognized the project’s significance and its potential to revolutionize care for heart patients.
The project involves the construction of a state-of-the-art facility at the premises of the National Hospital Colombo. The project’s location within the premises of the National Hospital underscores its importance and relevance to the healthcare infrastructure of the nation.
This facility will include a cardiology building and a tertiary care center, equipped with the latest technology to handle and treat all types of heart-related conditions and surgeries.
Securing funding was a major milestone for this initiative. Minister Pathirana successfully obtained approval for a $40 billion loan from the Asian Development Bank. With the funding in place, the foundation stone is scheduled to be laid in September this year, and construction will begin in January 2025.
This project guarantees a consistent and uninterrupted supply of stents and related medications for heart patients. As a result, patients will have timely access to essential medical supplies during their treatment and recovery. By securing these critical resources, the project aims to enhance patient outcomes, minimize treatment delays, and maintain the highest standards of cardiac care.
Upon its fruition, this monumental building will serve as a beacon of hope and healing, symbolizing the unwavering dedication to improving patient outcomes and fostering a healthier society.We anticipate a future marked by significant progress and positive outcomes in Sri Lanka’s cardiovascular treatment landscape within the foreseeable timeframe.
by Fr. Emmanuel Fernando, OMI
Jesuit Fr. Aloysius Pieris (affectionately called Fr. Aloy) celebrated his 90th birthday on April 9, 2024 and I, as the editor of our Oblate Journal, THE MISSIONARY OBLATE had gone to press by that time. Immediately I decided to publish an article, appreciating the untiring selfless services he continues to offer for inter-Faith dialogue, the renewal of the Catholic Church, his concern for the poor and the suffering Sri Lankan masses and to me, the present writer.
It was in 1988, when I was appointed Director of the Oblate Scholastics at Ampitiya by the then Oblate Provincial Fr. Anselm Silva, that I came to know Fr. Aloy more closely. Knowing well his expertise in matters spiritual, theological, Indological and pastoral, and with the collaborative spirit of my companion-formators, our Oblate Scholastics were sent to Tulana, the Research and Encounter Centre, Kelaniya, of which he is the Founder-Director, for ‘exposure-programmes’ on matters spiritual, biblical, theological and pastoral. Some of these dimensions according to my view and that of my companion-formators, were not available at the National Seminary, Ampitiya.
Ever since that time, our Oblate formators/ accompaniers at the Oblate Scholasticate, Ampitiya , have continued to send our Oblate Scholastics to Tulana Centre for deepening their insights and convictions regarding matters needed to serve the people in today’s context. Fr. Aloy also had tried very enthusiastically with the Oblate team headed by Frs. Oswald Firth and Clement Waidyasekara to begin a Theologate, directed by the Religious Congregations in Sri Lanka, for the contextual formation/ accompaniment of their members. It should very well be a desired goal of the Leaders / Provincials of the Religious Congregations.
Besides being a formator/accompanier at the Oblate Scholasticate, I was entrusted also with the task of editing and publishing our Oblate journal, ‘The Missionary Oblate’. To maintain the quality of the journal I continue to depend on Fr. Aloy for his thought-provoking and stimulating articles on Biblical Spirituality, Biblical Theology and Ecclesiology. I am very grateful to him for his generous assistance. Of late, his writings on renewal of the Church, initiated by Pope St. John XX111 and continued by Pope Francis through the Synodal path, published in our Oblate journal, enable our readers to focus their attention also on the needed renewal in the Catholic Church in Sri Lanka. Fr. Aloy appreciated very much the Synodal path adopted by the Jesuit Pope Francis for the renewal of the Church, rooted very much on prayerful discernment. In my Religious and presbyteral life, Fr.Aloy continues to be my spiritual animator / guide and ongoing formator / acccompanier.
Fr. Aloysius Pieris, BA Hons (Lond), LPh (SHC, India), STL (PFT, Naples), PhD (SLU/VC), ThD (Tilburg), D.Ltt (KU), has been one of the eminent Asian theologians well recognized internationally and one who has lectured and held visiting chairs in many universities both in the West and in the East. Many members of Religious Congregations from Asian countries have benefited from his lectures and guidance in the East Asian Pastoral Institute (EAPI) in Manila, Philippines. He had been a Theologian consulted by the Federation of Asian Bishops’ Conferences for many years. During his professorship at the Gregorian University in Rome, he was called to be a member of a special group of advisers on other religions consulted by Pope Paul VI.
Fr. Aloy is the author of more than 30 books and well over 500 Research Papers. Some of his books and articles have been translated and published in several countries. Among those books, one can find the following: 1) The Genesis of an Asian Theology of Liberation (An Autobiographical Excursus on the Art of Theologising in Asia, 2) An Asian Theology of Liberation, 3) Providential Timeliness of Vatican 11 (a long-overdue halt to a scandalous millennium, 4) Give Vatican 11 a chance, 5) Leadership in the Church, 6) Relishing our faith in working for justice (Themes for study and discussion), 7) A Message meant mainly, not exclusively for Jesuits (Background information necessary for helping Francis renew the Church), 8) Lent in Lanka (Reflections and Resolutions, 9) Love meets wisdom (A Christian Experience of Buddhism, 10) Fire and Water 11) God’s Reign for God’s poor, 12) Our Unhiddden Agenda (How we Jesuits work, pray and form our men). He is also the Editor of two journals, Vagdevi, Journal of Religious Reflection and Dialogue, New Series.
Fr. Aloy has a BA in Pali and Sanskrit from the University of London and a Ph.D in Buddhist Philosophy from the University of Sri Lankan, Vidyodaya Campus. On Nov. 23, 2019, he was awarded the prestigious honorary Doctorate of Literature (D.Litt) by the Chancellor of the University of Kelaniya, the Most Venerable Welamitiyawe Dharmakirthi Sri Kusala Dhamma Thera.
Fr. Aloy continues to be a promoter of Gospel values and virtues. Justice as a constitutive dimension of love and social concern for the downtrodden masses are very much noted in his life and work. He had very much appreciated the commitment of the late Fr. Joseph (Joe) Fernando, the National Director of the Social and Economic Centre (SEDEC) for the poor.
In Sri Lanka, a few religious Congregations – the Good Shepherd Sisters, the Christian Brothers, the Marist Brothers and the Oblates – have invited him to animate their members especially during their Provincial Congresses, Chapters and International Conferences. The mainline Christian Churches also have sought his advice and followed his seminars. I, for one, regret very much, that the Sri Lankan authorities of the Catholic Church –today’s Hierarchy—- have not sought Fr.
Aloy’s expertise for the renewal of the Catholic Church in Sri Lanka and thus have not benefited from the immense store of wisdom and insight that he can offer to our local Church while the Sri Lankan bishops who governed the Catholic church in the immediate aftermath of the Second Vatican Council (Edmund Fernando OMI, Anthony de Saram, Leo Nanayakkara OSB, Frank Marcus Fernando, Paul Perera,) visited him and consulted him on many matters. Among the Tamil Bishops, Bishop Rayappu Joseph was keeping close contact with him and Bishop J. Deogupillai hosted him and his team visiting him after the horrible Black July massacre of Tamils.
Sri Lanka-Singapore Free Trade Agreement
By Gomi Senadhira
senadhiragomi@gmail.com
“You might tell fairy tales, but the progress of a country cannot be achieved through such narratives. A country cannot be developed by making false promises. The country moved backward because of the electoral promises made by political parties throughout time. We have witnessed that the ultimate result of this is the country becoming bankrupt. Unfortunately, many segments of the population have not come to realize this yet.” – President Ranil Wickremesinghe, 2024 Budget speech
Any Sri Lankan would agree with the above words of President Wickremesinghe on the false promises our politicians and officials make and the fairy tales they narrate which bankrupted this country. So, to understand this, let’s look at one such fairy tale with lots of false promises; Ranil Wickremesinghe’s greatest achievement in the area of international trade and investment promotion during the Yahapalana period, Sri Lanka-Singapore Free Trade Agreement (SLSFTA).
It is appropriate and timely to do it now as Finance Minister Wickremesinghe has just presented to parliament a bill on the National Policy on Economic Transformation which includes the establishment of an Office for International Trade and the Sri Lanka Institute of Economics and International Trade.
Was SLSFTA a “Cleverly negotiated Free Trade Agreement” as stated by the (former) Minister of Development Strategies and International Trade Malik Samarawickrama during the Parliamentary Debate on the SLSFTA in July 2018, or a colossal blunder covered up with lies, false promises, and fairy tales? After SLSFTA was signed there were a number of fairy tales published on this agreement by the Ministry of Development Strategies and International, Institute of Policy Studies, and others.
However, for this article, I would like to limit my comments to the speech by Minister Samarawickrama during the Parliamentary Debate, and the two most important areas in the agreement which were covered up with lies, fairy tales, and false promises, namely: revenue loss for Sri Lanka and Investment from Singapore. On the other important area, “Waste products dumping” I do not want to comment here as I have written extensively on the issue.
1. The revenue loss
During the Parliamentary Debate in July 2018, Minister Samarawickrama stated “…. let me reiterate that this FTA with Singapore has been very cleverly negotiated by us…. The liberalisation programme under this FTA has been carefully designed to have the least impact on domestic industry and revenue collection. We have included all revenue sensitive items in the negative list of items which will not be subject to removal of tariff. Therefore, 97.8% revenue from Customs duty is protected. Our tariff liberalisation will take place over a period of 12-15 years! In fact, the revenue earned through tariffs on goods imported from Singapore last year was Rs. 35 billion.
The revenue loss for over the next 15 years due to the FTA is only Rs. 733 million– which when annualised, on average, is just Rs. 51 million. That is just 0.14% per year! So anyone who claims the Singapore FTA causes revenue loss to the Government cannot do basic arithmetic! Mr. Speaker, in conclusion, I call on my fellow members of this House – don’t mislead the public with baseless criticism that is not grounded in facts. Don’t look at petty politics and use these issues for your own political survival.”
I was surprised to read the minister’s speech because an article published in January 2018 in “The Straits Times“, based on information released by the Singaporean Negotiators stated, “…. With the FTA, tariff savings for Singapore exports are estimated to hit $10 million annually“.
As the annual tariff savings (that is the revenue loss for Sri Lanka) calculated by the Singaporean Negotiators, Singaporean $ 10 million (Sri Lankan rupees 1,200 million in 2018) was way above the rupees’ 733 million revenue loss for 15 years estimated by the Sri Lankan negotiators, it was clear to any observer that one of the parties to the agreement had not done the basic arithmetic!
Six years later, according to a report published by “The Morning” newspaper, speaking at the Committee on Public Finance (COPF) on 7th May 2024, Mr Samarawickrama’s chief trade negotiator K.J. Weerasinghehad had admitted “…. that forecasted revenue loss for the Government of Sri Lanka through the Singapore FTA is Rs. 450 million in 2023 and Rs. 1.3 billion in 2024.”
If these numbers are correct, as tariff liberalisation under the SLSFTA has just started, we will pass Rs 2 billion very soon. Then, the question is how Sri Lanka’s trade negotiators made such a colossal blunder. Didn’t they do their basic arithmetic? If they didn’t know how to do basic arithmetic they should have at least done their basic readings. For example, the headline of the article published in The Straits Times in January 2018 was “Singapore, Sri Lanka sign FTA, annual savings of $10m expected”.
Anyway, as Sri Lanka’s chief negotiator reiterated at the COPF meeting that “…. since 99% of the tariffs in Singapore have zero rates of duty, Sri Lanka has agreed on 80% tariff liberalisation over a period of 15 years while expecting Singapore investments to address the imbalance in trade,” let’s turn towards investment.
Investment from Singapore
In July 2018, speaking during the Parliamentary Debate on the FTA this is what Minister Malik Samarawickrama stated on investment from Singapore, “Already, thanks to this FTA, in just the past two-and-a-half months since the agreement came into effect we have received a proposal from Singapore for investment amounting to $ 14.8 billion in an oil refinery for export of petroleum products. In addition, we have proposals for a steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million), sugar refinery ($ 200 million). This adds up to more than $ 16.05 billion in the pipeline on these projects alone.
And all of these projects will create thousands of more jobs for our people. In principle approval has already been granted by the BOI and the investors are awaiting the release of land the environmental approvals to commence the project.
I request the Opposition and those with vested interests to change their narrow-minded thinking and join us to develop our country. We must always look at what is best for the whole community, not just the few who may oppose. We owe it to our people to courageously take decisions that will change their lives for the better.”
According to the media report I quoted earlier, speaking at the Committee on Public Finance (COPF) Chief Negotiator Weerasinghe has admitted that Sri Lanka was not happy with overall Singapore investments that have come in the past few years in return for the trade liberalisation under the Singapore-Sri Lanka Free Trade Agreement. He has added that between 2021 and 2023 the total investment from Singapore had been around $162 million!
What happened to those projects worth $16 billion negotiated, thanks to the SLSFTA, in just the two-and-a-half months after the agreement came into effect and approved by the BOI? I do not know about the steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million) and sugar refinery ($ 200 million).
However, story of the multibillion-dollar investment in the Petroleum Refinery unfolded in a manner that would qualify it as the best fairy tale with false promises presented by our politicians and the officials, prior to 2019 elections.
Though many Sri Lankans got to know, through the media which repeatedly highlighted a plethora of issues surrounding the project and the questionable credentials of the Singaporean investor, the construction work on the Mirrijiwela Oil Refinery along with the cement factory began on the24th of March 2019 with a bang and Minister Ranil Wickremesinghe and his ministers along with the foreign and local dignitaries laid the foundation stones.
That was few months before the 2019 Presidential elections. Inaugurating the construction work Prime Minister Ranil Wickremesinghe said the projects will create thousands of job opportunities in the area and surrounding districts.
The oil refinery, which was to be built over 200 acres of land, with the capacity to refine 200,000 barrels of crude oil per day, was to generate US$7 billion of exports and create 1,500 direct and 3,000 indirect jobs. The construction of the refinery was to be completed in 44 months. Four years later, in August 2023 the Cabinet of Ministers approved the proposal presented by President Ranil Wickremesinghe to cancel the agreement with the investors of the refinery as the project has not been implemented! Can they explain to the country how much money was wasted to produce that fairy tale?
It is obvious that the President, ministers, and officials had made huge blunders and had deliberately misled the public and the parliament on the revenue loss and potential investment from SLSFTA with fairy tales and false promises.
As the president himself said, a country cannot be developed by making false promises or with fairy tales and these false promises and fairy tales had bankrupted the country. “Unfortunately, many segments of the population have not come to realize this yet”.
(The writer, a specialist and an activist on trade and development issues . )
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