Features
‘The Bar cannot afford to be stifled by party politics’: Saliya Pieris, PC
In an interview with Randima Attygalle, the newly elected President of the Bar Association of Sri Lanka (BASL), President’s Counsel Saliya Pieris elucidates on his road map supported by the cornerstones of ‘principled position’ and ‘independence’.
Q: As the 26th President of the BASL responsible for steering it, how would you define effective leadership?
A: My view of leadership is about building consensus among members and leading through that. It takes more than listening to the wishes of the majority, but also taking the lead on issues discussing and perhaps pointing the way to the path the Association should take.
My take on the members of the BASL is that a vast majority is reasonable and would take a principled position. I think this was evident during this election. I had the support from a cross-section of people. I need to emphasize that this election was not on political lines. Members of the Bar want an independent leadership and I’m not the one who will push my views because I believe that through quiet convincing you can certainly bring people to one table.
Q: You secured a sweeping majority at the recent election. Can you recollect any previous occasions of similar majorities and also of uncontested first time presidencies?
A: There had been large majorities previously when there was a huge gap between the contenders. My predecessor Kalinga Indatissa’s win was a good example in this regard. But if it was among PCs of equal seniority, I can’t recall a similar majority where there were two candidates of equal seniority. As for uncontested presidencies, Geoffrey Alagaratnam PC was elected uncontested in 2015. There was also an instance when a candidate died and as a result there was no contest.
Q: Taking a ‘principled stand’ was underlined in your manifesto which you reiterated in your address after the announcement of the election results. How do you plan to align the mandate of the BASL with this?
A: The BASL by its mandate is bound to uphold the rule of law, to support the independence of the judiciary and to safeguard the fundamental rights. On these cornerstones, the Bar must take an independent position, irrespective of party politics or whatever the government in power. However, the Bar needs to fully cooperate with the government in furthering the administration of justice. But at the same time, where the government of the day is wrong, if there is a threat to the independence of the judiciary, the rule of law and fundamental rights, the Bar must take up a principled position.
Q: How important do you think it is for the BASL to be more vocal on issues of national interest, to lend voice to social justice, marginalized groups etc.
A: It is imperative that the voice of the Bar is heard as an important institution. But having said that, I repeat that the Bar cannot become politicized, because if it is seen as partisan, it can affect the credibility of the institute. It is only when independent institutes exercise a high degree of independence that there is respect for the views of that particular institution.
Q: What measures do you propose to enable more opportunities to those in the Junior Bar in terms of professional exposure, mentoring etc.?
A: One of the programmes I have already proposed is a mentoring system because today many juniors start practicing on their own without the guidance of a senior lawyer. In the case of my own practice, although I’ve worked with senior lawyers I have never had a permanent senior. I believe that there should be senior lawyers to guide the juniors in the profession.
In the long run, we should also deliberate how the Bar can support new areas of practice. Today there are 800 to 1,000 lawyers passing out annually and many end up in court. But there can be areas such as taxation where many new openings are possible for juniors. We are also looking at how the Bar could facilitate scholarships and exchange programmes to support them. We have also proposed to strengthen the continuity of legal education at district levels in collaboration with the local Bars.
During my election campaign I had very close interaction with hundreds of junior lawyers and my experience with them is that they have a lot of potential, a lot of skills and they are people who like to work hard. I’m also pleased to say that many of them are principled and we should optimize these strengths and help them reach their true potential.
Q: We have good laws in our statutes but despite that legal literacy among the masses remains poor. What is the role the BASL can play here in enhancing legal literacy especially among the marginalized groups such as those with disabilities etc.?
A: I have taken stock of this situation in my programme of action as well, and we are trying to lobby for basic law to be incorporated into the school syllabus. We need to revive the good practices such as the National Law Week which was initiated during the tenure of Nihal Jayamanne PC. Legal luminaries such as Judge C.G. Weeramantry had long advocated legal literacy among people and we need to look at how the BASL can sustain the efforts to expand its reach, perhaps through institutions such as the Legal Aid Commission.
Q: In terms of our legal education, the choice of subjects still remains very conventional despite the digital age that we live in. Diversification in legal education is also a want of the hour. As a lecturer of law, what measures do you propose to bridge these gaps?
A: Law should essentially be multidisciplinary and study of law too should be more integrated; it cannot be confined to so-called ‘legal subjects’ alone. Law students must have a knowledge of other disciplines as well. We know that accountants study business law and aspects of commercial law. This kind of an interdisciplinary approach should be replicated in our legal education as well. In certain universities in the UK, for instance in the University of Warwick, there is a subject called ‘Shakespeare and the Law’ where they study certain plays of Shakespeare related to law. In the Department of Law at Peradeniya, Sociology is now being taught which is a progressive move. Sometimes ago there was a proposal to introduce a module on Law and Literature at the Colombo Law Faculty.
We need to have collaborative discussions with our universities and Sri Lanka Law College as to how the syllabuses can be made more productive. Very often even law graduates end up in the legal profession. So while making Law College more practical, suited to modern ways of learning, at the same times there should be measures in place to make academic training at Law Faculties analytical. So when these law graduates join the Bar, their academic training can be productively translated into the practical setting. In this context, the BASL can make representation on how to enhance the quality of legal education in the country.
Q: Although we have seen a notable shift in female representation within the judiciary, it is not so in the Private Bar. How can women lawyers be empowered to be more visible in the Private Bar and play a more proactive role?
A: We have many female instructing attorneys and outside Colombo there are many female lawyers who appear in courts on equal terms with men. But when it comes to Colombo, especially the chambers, there is a disparity which we have recognized. We have suggested that the Bar should have a committee of females lawyers through which their concerns and grievances can be brought to the table and deliberated to remedy them.
One of the key bottlenecks which discourages female lawyers of the Private Bar is the working schedule. There needs to be more flexibility in working hours and ambitious as it may be, a day care center in Hulftsdorp for their young children is desirable. There is also a strong need to have more leadership positions in the BASL- more women involved in the workings of the BASL at different levels. Female representation in executive committees of the Junior Bar is equally important. It is imperative that female lawyers should be empowered to reach their true potential.
Q) Coming from a journalistic family – your father Harold Pieris being once editor of the Observer and you too having had a stint with the now defunct Sun – what are your thoughts about the present media culture?
A: Lack of balance to see that the other side of the story too is something which I believe is lacking in today’s media culture. There seems to be ‘self-censorship’ among many journalists. In print media there is civil defamation available for the aggrieved party but when it comes to social media content, there is nothing that a victim can do. Some of the hate content is not only partisan but also paid for by certain people, which makes it very unpleasant. This however is the case the world over. While freedom of expression needs to be upheld it is imperative not to exploit the tool.
Q: As the first chairman of the Office of the Missing Persons and also as one time member of the Human Rights Commission, what are your observations about Sri Lanka’s reconciliation process and what needs to be done to achieve real reconciliation?
A: My personal take on this issue is that it is really important to narrow the gap between the communities. The perception of reconciliation is varied in different parts of the country. So unless you really convince people and a majority of people are part of the process, reconciliation is not going to be a reality. If we really want to reconcile we need to bring a majority on board in the process because without that, if a majority sees reconciliation as a bad word, or as something which is very alien, then we are not going to succeed.
Any process of reconciliation should be domestically driven and the institutions which are there for the promotion of reconciliation should also be domestically driven. For that purpose, domestic mechanisms established should be dynamic and allowed to be independent. If people are suspicious about a process, it will not be successful.
Q) We are braving hard times. As the newly appointed BASL Chief, what would be your mandate to contribute to the national effort of fighting the pandemic and making a difference?
A: I think where the Bar is concerned, the contribution will be through the justice system. During the lockdown some of the apex courts were not functional because we were not geared, but today we have seen the Supreme Court making rules relating to that and the Justice Ministry has also been making efforts on digitization. So the Bar should proactively cooperate with the government and courts in making this exercise of fighting the effects of the pandemic a success.
Those in the justice sector including the lawyers and judges should also be on the list of those being vaccinated as they interact with the members of the public. If their safety is not ensured, it directly affects the justice system because we saw the closure of certain courts in the past few weeks and a number of lawyers had to be quarantined. Then there are effects of the pandemic which need to be taken stock of, the loss of income, the number of cases diminishing, the delays of the justice system- all these should be addressed by the Bar as a stakeholder. The Bar will be one stakeholder in this process and we need to fully cooperate with the Ministry of Justice and the judiciary to tackle these issues.
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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