Features
TO WHOM IS THE LOYALTY OF THE POLICE DUE?
By Dr. Kingsley Wickremasuriya
Senior Deputy Inspector-General of Police (Retired) (kingsley.wickremasuriya@gmail.com) Prologue
“I am not bound to carry out your illegal orders..!” – SSP says to Police Minister and leaves the meeting..! (Lanka enews defense correspondent.
The Lanka-e News of Nov. 18, 2022 reported a rare incident where a Senior Superintendent of Police said to the face of Police Minister Tiran Alles that he is not bound to implement illegal orders, and then left a meeting of the Minister of Police.
According to reports, the incident is as follows. On Tuesday (Nov. 15) in the Ministry of Police, a conference was held under the chairmanship of the Minister of Police and the Inspector General of Police, where all Deputy Inspector Generals, SSPs, SPs, and ASPs of the Western Province were summoned. There, Tiran Alles has said that those holding anti-government demonstrations should be arrested.
Accordingly, Tiran Alles has scolded the police for not arresting the women who went to the United Nations office in Colombo the Monday (14) and not dispersing the protest there and another protest in front of the TID with baton charges. He then asked who the SSP in charge of that area was and told him to get up. Then Colombo South SSP Gayantha Hasantha Marapana stood up.
Senior DIG Deshabandhu Tennakoon ordered SSP Gayantha Marapana to arrest a woman including Hirunika who walked to the United Nations office yesterday (14), but he did not implement the order. And then Deshabandhu bypassed all the SSPs and SPs and ordered OIC Kurunduwatta directly to carry out the order. Accordingly, the women were arrested.
Hence Tiran Alles was very angry with SSP Gayantha Marapana. When SSP Gayantha Marapana stood up, Tiran asked him why the women were not arrested that day and threatened him to leave the police force or wait for transfers if there is anyone who could not carry out his orders. SSP Marapana responded by asking, “what is the charge” and said that he cannot face human rights cases by ordering to arrest the people without charge.
Then Tiran Alles, who turned to the Inspector General of Police, asked, “Why is there no charge? Is opposing the government not a charge?” Inspector General of Police Wickramaratna said that it was not an accusation. Minister Alles who was then angered said that, if he could not carry out his orders, he should leave the police force. SSP Marapana replied that he joined the police as an SI and became an SSP not by executing illegal orders and that no police officer is bound to execute illegal orders. He then left the Minister’s conference.
Duties and Liabilities Under the Police Ordinance
It was in 1866 that an Ordinance to provide for the establishment and regulation of a police force in Sri Lanka was established. Under Sections three to six, nine, 10, and 59 of the Ordinance, it was lawful for the Minister to make rules from time to time, and when made to revoke, alter, or amend the rules on MATTERS OF POLICY.
But the Inspector-General of Police and such other Deputy Inspectors-General of Police, Superintendents, Assistant Superintendents, inspectors, and other officers as may be necessary under (Sections 20,21,24,55,56, etc of the Ordinance), on the other hand, were vested with the powers of ADMINISTRATION OF THE POLICE. Accordingly, the Inspector-General of Police “may from time to time, subject always to the approbation of the said Minister, frame orders and regulations for the observance of the police officers who shall be placed under his control as aforesaid, and also for the general government of such persons, as to their places of residence, classification, rank, and particular services, as well as their distribution and inspection, and all such orders and regulations relative to the said as police force as he may deem expedient for preventing neglect or abuse, and for rendering such force efficient in the discharge of its duties.”
So, while the Minister was responsible for making rules on matters of policy, the administration of the Police under the Police Ordinance was vested in the hands of the Inspector-General of Police. These were the clear lines of the Chain of Command drawn under which the Police operated under the Ordinance, until Independence.
Then in 1947, the Soulbury Constitution provided a parliamentary form of government for Ceylon and for a Judicial Service Commission and a Public Service Commission that contained all the basic principles and procedures necessary for the Rule of Law. But the United Front Government that enacted a new constitution severed the link to the British crown, depriving the judiciary of its independence and the power of judicial review, two of the most important conditions for the rule of law.
Minority rights were safeguarded by Article 29(2) of the Constitution but on the advice of Sir Ivor Jennings, its unofficial constitutional advisor, the Board of Ministers decided not to incorporate a Bill of Rights. But with the promulgation of the DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA on May 22, 1972, the CONSTITUTION became the SUPREME LAW of the country. It was Sri Lanka’s first republican constitution and its second since independence in 1948.
The country was officially designated “The Republic of Sri Lanka,” which came to be known as “The 1972 Republican Constitution.” The Sri Lankan Constitution of 1972 changed the country’s name to Sri Lanka from Ceylon and established it as an independent republic. The country was officially designated “Republic of Sri Lanka,” leading to this constitution being known as “the 1972 Republican Constitution” paving the way for Sri Lanka to become a republic.
When Sri Lanka joined the UN in 1955 ratifying all the main UN International Human Rights Conventions on the immutable republican principles of REPRESENTATIVE DEMOCRACY assuring all Peoples, FREEDOM, EQUALITY, JUSTICE, FUNDAMENTAL HUMAN RIGHTS, and INDEPENDENCE OF THE JUDICIARY, Sri Lanka became a signatory to Article 21 of the ICCPR and the International human rights law that lays down the obligations of the Governments.
‘The Covenant of Human Rights deals with such rights as freedom of movement; equality before the law; the right to a fair trial and presumption of innocence; freedom of thought, conscience, and religion; freedom of opinion and expression; peaceful assembly; freedom of association; participation in public affairs and elections was among those. Human rights on the other hand are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.
Everyone is entitled to these rights, without discrimination. Accordingly, the Constitution came to guarantee the following Fundamental Rights under Chapter III of the Constitution :(a) Freedom of thought, conscience, and religion (b) Freedom from torture (c) Right to equality (d) Detention, and punishment, and prohibition of retrospective penal legislation (e) Freedom of speech, assembly, association, occupation, movement, etc.(f) person of conscience and religion, including the freedom to have or to adopt a religion or belief of his choice. (g) No person shall be subjected to torture or cruel, inhuman, or degrading treatment or punishment (h) All persons are equal before the law and are entitled to equal protection of the law. (i) No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth, or any one of such grounds:
Further, (j) No person shall, on the grounds of race, religion, language, caste, sex, or any one of such grounds, be subject to any disability, liability, restriction, or condition concerning access to shops, public restaurants, hotels, places of public entertainment and places of public worship of his religion. (k) No person shall be arrested except according to the procedure established by law. Any person arrested shall be informed of the reason for his arrest. (l) Every person held in custody, detained, or otherwise deprived of personal liberty shall be brought before the judge of the nearest competent court according to procedure established by law and shall not be further held in custody, detained, or of liberty except upon and in terms of the order of such judge made in accordance with the procedure established by law.
The list continues:(m) Any person charged with 5 an offense shall be entitled to be heard, in person or by an attorney-at-law, at a fair trial by a competent court. (n) No person shall be punished with death or imprisonment except by order of a competent court, made in accordance with the procedure established by law. The arrest, holding in custody, detention, or other deprivation of personal liberty of a person, pending investigation or trial, shall not constitute punishment. (o) Every person shall be presumed innocent until he is proven guilty.
The result was that ALL THE ORGANS OF GOVERNMENT were required to respect, secure, and advance the Fundamental Rights declared and recognized by the Constitution. The Oath of Allegiance to this Constitutional requirement, a person appointed to any office referred to in Chapter IX of the Constitution was required to enter upon an Oath of Office set out in the Fourth Schedule and Seventh Schedule to the Constitution of the Republic before such a person enters upon duties of his office. The Oath simply is an undertaking that the person referred to will perform the duties and discharge the functions of that office (a) in accordance with the Constitution of the Democratic Socialist Republic of Sri Lanka and the law; and (b) that person will uphold and defend the Constitution of the Democratic Socialist Republic of Sri Lanka.
This is a constitutional obligation applicable to ALL THE ORGANS OF GOVERNMENT under the Supreme Law of the Constitution, be they a Minister or individual Police Officer. So, this was the main constitutional obligation that came to be addressed when the Ministry of Public Security and the Police under their auspice drew up their Vision & Mission Statements. Making Sri Lanka the Safest & most secure, and Peaceful Nation is the Vision of the Ministry of Public Security ((http://www.pubsec.gov.lk/hon-minister/) ” and its Mission is to Formulate and Execute Policies and Strategic Plans to ensure Public Security through a Strong Multi-stakeholder Mechanism to create safer SRI LANKA by reducing crime, ensuring the safety of public and building trust in partnership with our Community.
The responsibility of the newly established National Police Commission https://www.police.lk/page_id=8508) on the other hand is to transform the Sri Lanka Police Force into a disciplined, credible, and community-responsive service by entertaining and investigating complaints from members of the public or any aggrieved person against a police officer or against the Police Force and to provide redress under the provisions of any law enacted by Parliament to upgrade Human Rights, Public Accountability for the Rule of Law and respect for the Rule of Law.
The Vision of the police, however, is committed to providing a Peaceful environment to live with confidence, without fear of Crime and Violence, and its Mission is committed to upholding and enforcing the law of the land, preserving public order, and preventing crime and Terrorism with prejudice to none – equity to all (www.poice.lk). So, it is the Rule of Law that the Police in the main and the Ministry of Public Security were constitutionally committed to at least by their Vision & Mission Statements.
The Rule of Law
The rule of law is one of the most important features of a democratic system of governance and a prerequisite for a good democracy. The Rule of law implies that all those involved in the state are bound by the law and are subject to the law. And that all officials from the Head of State to the lowest official should act within the limits of the powers conferred by law. Albert Venn Dicey (1835-1922) is said to be one of the most respected English scholars on constitutional law that has emphatically stressed the importance of the Doctrine of the Rule of Law.
Dicey concluded that: “The twin pillars upon which our system rests are the sovereignty of Parliament and the supremacy of the common law, administered in the ordinary courts independent of the executive over everyone within the realm, whether public official or private citizen.” Aristotle on the other hand is considered to be the original author of this concept of the Rule of Law. Rule of law calls for equal justice under the law for all citizens immaterial of social, political, and economic status. This also calls for total independence of the criminal justice system. In other words when there is a likely case of laws being violated, law enforcement – the police – should move into action on its own.
That is their constitutional obligation. They do not need to wait for orders from the political establishment. That negates the separation of powers.
Conclusions
As widely reported in the media, Senior Superintendent Gayantha Hasanth Marapana had to tell the Minister bluntly on that eventful day, Tuesday November 15, 2022, undefended by his seniors in the Department, where he stood concerning the Rule of Law. It reverberates against yet another story (as reported in the official minutes kept of this meeting) and later reported in newspaper headlines, about how the then Inspector-General of Police, Osmund de Silva (1955 – 1959) responded to the remarks of the then PM, that the Police should have that ’extra bit of loyalty to the Government. Summoning a meeting of OICC Stations by police message to inform them of the PM’s remark, he exhorted them to do their duties impartially regardless and that what they should uphold is the ‘Rule of Law’.
This assertion by the Inspector-General came at a time when there was no Bill of Rights in the Parliament or no Republican Constitution with Fundamental Rights to fall back on. Marapana on the other hand had all these constitutional safeguards to worry about, with the Attorney General’s Department leaning over the police against violations of Fundamental Rights like the Sword of Damocles. So, Marapana’s fear of having to face Rights Cases in court for violating Fundamental Rights is fully justified in the circumstances.
In yet another incident, even as late as 1958, when the Assistant Director of Training (ADT) Fred Brohier asked the question at an interview with some of the those applying for recruitment to the police as to whom a police officer’s loyalty is due, the ADT’s answer in response to various replies given such as: to the Prime Minister; to the Inspector General of Police, etc., was given in very categorical terms: That a Policeman owed his loyalty to no mother’s son, but to the law of the land. He was repeating the same sentiments as that of the IGP Osmund de Silva about the Rule of Law. There were yet others too who followed his example. It was the legendary DIG Sydney de Zoysa who defied such interference by yet another Prime Minster requesting that a certain constable applicant be recruited to the Department even though he did not have the required physical qualifications and yet survived to tell the tale.
A basic constitutional obligation that every policeman has to perform when joining the Police Service is taking an Oath of Allegiance. The Oath simply undertakes to perform one’s duty by the Constitution of the Socialist Republic of Sri Lanka and the Law. In other words, it is an undertaking to uphold the Constitution as the SUPREME LAW of the land – protecting Fundamental Rights under the Constitution. In theory, this is a Noble Concept. But how it works in practice in Sri Lanka is entirely a different story as practiced by different governments since Independence.
The Rule of Law has become something of a lip service rather than a Rule of Law – a Law only in the hands of those who call the shots for their benefit raising the usual question ‘Quis custodiet ipsos custodes’? ‘Who will guard the guards themselves’? in the minds of ordinary citizens. Senior Superintendent Marapana was merely reiterating his constitutional obligations, following in the footsteps of Inspector-General Osmund de Silva and others. The issue he rightly raised with the Minister was one of a basic principle of Constitutional Law and not that of obeying orders blindly, just because it came from a political authority. The message, therefore, is loud and clear: ‘A POLICEMAN OWED HIS LOYALTY TO NO OTHER BUT TO THE LAWS OF THE LAND’. A Post Script A basic constitutional obligation that every policeman has to perform when joining the Police Service is taking an Oath of Allegiance. The Oath is as follows:
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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