Features
Genealogy of Concept and Genesis of 13th Amendment -II
By Prof. Gamini Keerawella
Prior to the 1977 general election, J. R. Jayewardene promised to summon an All Party Conference to take all possible steps to remedy the grievances of the Tamil- speaking people. However, what followed the election victory of the UNP, in 1977, was a series of anti-Tamil riots. On 12 August 1977, in less than a month of the new government assumed office anti-Tamil riots started. It was reported that over 300 Tamil people were killed during the riots. The political implications of the Anti-Tamil riots in Sri Lanka reverberated on the other side of the Palk Strait. On 24th August 1977, the Tamil Nadu Assembly adopted a resolution urging the Government of India to “depute a representative of the status of a Cabinet Minister to Sri Lanka to find out the true status of the affairs and have direct talks with that government by way of assuring the feelings of the Tamils there”. At this time, however, the Prime Minister Moraji Desai dismissed the Tamil Nadu request and stated that the Government of India did not propose to send a Cabinet Minister to Sri Lanka since the Indian High Commissioner in Colombo had been doing every thing possible and the two governments were also in close touch with each other.
Despite the election pledge to summon an All Party Conference to take all possible steps to remedy the grievances of the Tamil-Speaking people, J.R. Jayewardene first offered the District Development Councils (DDCs). It is important to note that, in spite of strong pressure on the part of the militant youth groups not to contest, the TULF participated in the DDCs. The DDC experiment of the TULF proved to be disastrous. On the one hand it faced the antipathy of the youth who advocated direct-armed struggle. On the other, the Central government was not prepared to tolerate even decentralization of administration. “The institution of District Minister ensured that all decisions of the Council will be subjected to strict control by the representative of the central government”.
There were anti-Tamil riots again in 1981. Tamil Nadu politics was rocked again due to the ethnic riots in Sri Lanka. The leaders of the 20 political parties urged the Prime Minister Indira Ghandi to grant the Tamil youths seeking refuge in Tamil Nadu political asylum. This time the Indian official reaction was clearly different. For the first time, the Indian Government made representation to the Government of Sri Lanka regarding the violence against Tamils during the ethnic riots. In the period 1977-1983, the power and influence of the Tamil militant groups increased very rapidly. This is reflected in the Jaffna Municipal elections held in 19 May 1983. The LTTE was able to implement a boycott of the elections successfully and the turn-out of the Jaffna polls was only 14.5 percent. The 1983 July riots created a very strong protest in Tamil Nadu in the form of bandhs and demonstrations. The delegation from Tamil Nadu made representation to Prime Minister Indira Ghandi on this situation and she assured the delegation that New Delhi “was dealing with the Tamil question in Sri Lanka as a national issue affecting the whole country, not merely as a problem concerning Tamil Nadu alone”. Just two days after the outbreak of riots, Prime Minister Indira Ghandi contacted President Jayewardene by telephone to discuss the Sri Lankan situation. As K.M.de Silva reveals, ‘The upshot of that fateful conversation was that Jayewardene found it necessary to invite Mrs. Ghandi to send an official representative to observe the situation in the island on the spot and report back to her”. When V.P Narasinghe Rao, a senior Cabinet Minister, visited Sri Lanka as a special envoy of the Indian Prime Minister on 29 July, parts of Colombo was still burning.
After July 1983, India entered swiftly as a self-appointed mediator and Indira Ghandi selected G. Parathasarathy as the mediator. The declared mission of G. Parathasarathy was to create an atmosphere for a negotiated settlement and act as intermediary between the Government and the Tamil political parties to formulate new proposals for devolution. As Godfrey Gunatilleke traced, at this point there were four inter-related but separate components to the negotiating process. “(1) the negotiation between the government of India and the government of Sri Lanka, (2) the talks between the Indian government and the Tamil Parties (3) the consultation in the conferences of the Sri Lankan political parties, and (4) the negotiation between the Tamil parties and the Sri Lankan government”. The first layer negotiations continued from August to November and the both parties able to agree on an acceptable plan, based on regional councils. This plan was became known as annexure ‘C’
In January, President Jayewardene convened the all-Party conference (APC) to discuss the proposals that came out from the first layer of negotiations. The polarization was very clear. The TULF and Tamil parties firmly stick to ‘regional councils and no less’ while the Sinhala political parties to ‘district councils no more’. Jayewardene’s vacillation and naivety was demonstrated very clearly at the APC and he did not come forward to defend the Annexure – C that he jointly fathered. Lacking his strong support, Annexure “C’ was made impotent”. The deadlock over the two positions made Jayewardene to suspend the APC on 30 September 1984.
Meantime, the Government prepared the 10th Amendment Proposals and Draft District and Regional Council Billi. On 21 December the Jayewardene Government decided to terminate the APC and stated that he would meet the TULF in early January to discuss the proposals. At first, the TULF agreed to go alone with the 10th Amendment. Later, Amirthalingam stated that the proposals were totally unacceptable to the Tamils and left Sri Lanka. Thereafter, President Jayewardene announced that he was withdrawing the proposals.
In June 1985, President Jayewardene and Minister Athulathmudali met Prime Minister Rajiv Ghandi for direct discussions the on ethnic issue and reached “an agreement on using India’s good office in finding a solution to the ethnic problem”. This paved the way for the direct dialogue between the Tamil armed groups and the Sri Lankan Government in Thimpu in August 1985. At the discussions at Thimpu, the six Tamil groups enunciated ‘four principles’ from which they would not waver. The Sri Lankan delegation also presented an outline of structure for devolution of power and affirmed that beyond which they could not proceed. In this context, what has happened in Thimpu is well known.
In June 1986 President Jayewardene decided to embark on a new political initiative and convened a round table conference of all political parties (PPC). He declared the Provincial Councils as the basis for devolution of power at the PPC. Both the SLFP did not attend the PPC but Mrs. Bandaranaike agreed to consult to President Jayewardene separately. The negotiations between GOSL and the TULF as well as discussions within the PPC continued for over three months. The basic draft of the Provincial Councils emerged out of these deliberations. As K.M.de Silva ,who had access to the official documents, traced “consisting of 50 pages in all, they included draft constitutional amendments, a draft Provincial Council Bill, schedules setting out ‘Reserved, Concurrent and Provincial Lists’, as well as detailed memoranda dealing with law and order, land and land settlement and education”. President Jayewardene and Prime Minister met at the Bangalore Summit of SAARC in November 1986 and further discussed the proposals known as ‘19 December Proposals’. It was really an incorporation of the agreements reached at the Bangalore summit into the Draft Provincial Council Bill of the PPC. The main issue remained unsettled was the merger of the Northern and the Eastern Provinces. There were many proposals in this regard but no agreement was reached.
The situation began to change rapidly from January 1987. Prabakaran who was operating in Tamil Nadu till now, slipped into Jaffna, in January anticipating the Indian pressure. The LTTE leader’s arrival marked a new phase in the armed action. In response to the increased pace of the LTTE armed activities, the Sri Lankan government imposed economic and communication blockade on the Jaffna peninsula. In March 1987, Rajiv Ghandi sent his personal envoy, Dinesh Singh to Colombo to convey India’s grave concern about the situation in Jaffna. In response to the Indian concern, Colombo declared an unilateral ceasefire for 10 days in April. However, after a bomb explosion in Colombo, which claimed over 200 deaths, the government decided to commence military offence in the North once again and Vadamarachchi offensive came in this context.
It is true that the Indian démarche was the immediate factor that cleared the way for the Provincial Councils in 1987. Even a cursory look at the political genealogy of the concept of Provincial Councils would clearly endorse that it was not simply a parasitic organ. It has been in the political discourse since independence in various forms. The vacillation and failure to take correct stand at the correct time on the part of Sri Lankan state had given India an opportunity to intervene in Sri Lanka’s internal affairs. By utilising Sri Lanka’s vacillation, India applied coercive diplomacy and violated Sri Lankan air space, entered into the Sri Lanka’s decision making orbit and attained its geo-strategic objectives, which was manifested in the Annexure to the Indo-Sri Lanka Peace accord.
It must be noted that at the outset the Provincial Councils have to carry a certificate of illegitimate birth due to the Indian intervention. However, the Indian role was just a midwifery role. The politically and ideologically weak ruling class of Sri Lanka failed to give it a natural birth. Further, the Provincial Councils had to toddle at the beginning on an unceremonious note as both the LTTE in the North and the JVP in the South violently denounced the Provincial Councils. The SLFP boycotted the Provincial Council elections at the beginning. In addition, there were many inherent structural weaknesses. As President J.R. Jayewardene was not yet deviated from the old centralized mind-set, the devolution package under the 13th Amendment was a half-baked product. The other hand took what was offered by one hand to the Provincial Councils. With all these shortcomings, the 13th Amendment was an important step in the evolution of the political discourse of the country. It alleviated the earlier fears that devolution promotes separation. In addition to the structural weaknesses of the 13th Amendment, non-implementation of some provisions and failure of the central government institutions to devolve functions to provincial units hampered the Provincial Council System. The dominant of centralized political culture of the country has negated the true potentials of the Provincial Council system as another tier of democratic governance. Some of the political criticisms levelled against the provincial council are equally applicable to the central government too. All these shortcomings are not reasons for the abolition of the Provincial Council system. Such a move would create more complicated political problems and their repercussions would be grave. What is necessary at this point is to go forward and address the shortcoming of Provincial Councils to make them true units of devolution of power to the people in the regions. (Concluded)
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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