Features
A Move towards a New Paradigm Shift?
Draft Twentieth Amendment
by Dr. Dayanath Jayasuriya P. C.
Most social and political scientists are in agreement that in respect of several sectors Sri Lanka made significant progress under the Donoughmore system of government. The first State Council of Ceylon opened on July 7, 1931; an event held 89 years ago with much pomp and pageantry. The committee system had specific mandates and members nursed their electorates to win confidence to be reelected largely without political affiliations. The first independent constitution, drafted with the assistance of Sir Ivor Jennings, who became a close associate of D. S. Senanayake, followed basically the Westminster parliamentary model of democratic government with dual chambers and other changes. The Queen retained limited powers and was represented through a Governor.
Party politics continued to exert greater influence with language, religion and minority rights gaining more currency. In the early 1970s, nationalist sentiments called for a ‘home-spun’ constitution. The first casualty was the appeals to the Privy Council. This was essentially a precursor to adopting a new constitution through an informal assembly and bypassing the entrenched provisions in the independent constitution. In 1972, the country became a full-fledged democratic Republic, known as Sri Lanka, severing all links with the British monarch. With a change of government in 1977, the process of drafting a new constitution began. The new Constitution has since been amended 19 times giving rise to its description as a ‘periodical’ in bookshops and libraries in the U. K.
The period from 1948 to 2020 has witnessed many changes and developments. Besides the well known youth insurrections and a 30-year war against an attempt to set up a separate state, several Prime Ministers and Presidents, together with their respective ministers and party members, have initiated movements and projects to develop the country. Resettlement schemes of D. S. Senananyke; prominence to Sinhala as the main language by S. W. R. D. Bandaranaike; the green revolution of Dudley Senanayake; the nationalization of schools and the popularization of the non-alignment movement by Mrs. Sirimavo Bandaranaike; liberalization of the economy by J. R. Jayewardene; housing projects for the homeless by Premadasa; institutional capacity-building by Mrs. Chandrika Bandaranaike Kumaratunga; and construction of highways and building of harbours, airport and a new Port City by Mahinda Rajapaksa are only a few examples that readily come to mind.
However, it cannot be gainsaid that all these were an unqualified success story; some led to or took place during a train of unpleasant events which still haunt the country such as the rights of minorities, the huge external debt etc. From the early 1980s, the ethnic war diverted attention from more pressing social issues and was a drain on the economic resources, not to mention the huge loss of life or disabilities of youth in their prime. The April 21 Easter Sunday attacks by militant Muslim groups have added a new dimension to the problems to be resolved in a multi-ethnic and multi-religious society. Highly qualified professionals migrated seeking greener pastures and the country lost the benefit of their services.
The country’s economic plight was neatly summarized by W. A. Wijeywardena, a former Deputy Governor of the Central Bank:
“Sri Lanka’s economy today is in a deep mess. Even after seven decades of independent rule, the country has not been able to push itself up to the level of a rich country. Over the entire post-independence period, the country had had a meagre economic growth of about 4.5% on average. That was pretty below the growth rate of 9% needed for raising the country to the status of a rich country within a few decades. Hence, all governments in the post-independence period are responsible for this malaise. Beginning from 2013, over the last seven-year period, the situation further deteriorated. Symptoms were manifested by falling growth rates, stagnant exports, mounting external debt, rising recourse to commercial borrowings, falling in government revenue, stubborn budget deficits, stagnant capital formation, high inflation though at mid-single digit level over the world inflation and pressure for exchange rate to depreciate…” (Daily FT 8 September 2020).
The 19th amendment was a hastily prepared piece of legislation which was not subjected to close scrutiny by politicians, lawyers or political scientists. Soon thereafter there was no love lost between the President and the Prime Minister who came from different political parties. A Supreme Court ruling effectively prevented the removal and replacement of the Prime Minister and the premature dissolution of the Parliament. The judgment placed great emphasis on the nebulous concept of ‘sovereignty of the people’ and some 15 President’s Counsel who appeared in the case paid lip service to the more important and salient concept of ‘separation of powers’.
In August 2020, President Gotabaya Rajapaksa’s party gained a landslide two-thirds majority with a mandate to amend or replace the 19th amendment and/or to introduce a new constitution. The ruling party has opted to introduce a new 20th amendment repealing some provisions in the 19th amendment but retaining certain provisions and appointed a committee of experts to draft a new constitution. A few members of the Buddhist clergy are unhappy that a non-Buddhist is heading the Committee but these fears are unfounded as there are other members and the committee’s mandate in only to submit a draft which would then be subject to public, parliamentary and judicial review before becoming law.
The paramount need to amend the 19th amendment to the Constitution apparently arises from the fact that two Presidents have found it difficult without full powers to achieve their intended policy goals. On two occasions a President and a Prime Minister from different political alliances found that what was to be a holy matrimony soon ended as an unholy deadlock. The appointment by President Sirisena of a non-national as the Governor of the Central Bank at the insistence of Prime Minister Ranil Wickremesinghe led to an unprecedented financial disaster tarnishing the reputation and integrity of the Central Bank. In at least two so-called independent commissions established under the 19th amendment to the Constitution. we saw certain members airing private views in public when they were expected to act discreetly.
Untrammeled presidential powers seem to be the golden key that anyone in power hopes will help to open the door to unleash the development process. The draft provides, inter alia, for the President exclusive powers to make high-level appointments of his choice. Parliament can be dissolved within a minimum of one year- a departure from the bizarre provision in the 18th amendment which provided for a four and a half year period. It was bizarre for the reason that if all members of Parliament resigned and no replacements were made, the President would still be obliged to complete the four and a half year period before calling for fresh elections! No piece of legislation is perfect but the 19th amendment leaves more to be desired than any previous amendment to the Constitution.
Already many criticisms have been leveled against certain draft proposals. For instance, much has been said about the proposal to grant dual citizens to enter Parliament. Even though it is speculated that this is intended to accommodate a related party who is currently debarred from being accommodated, there is no logical reason to exclude dual citizens from holding political office if the country were to benefit from their expertise and knowledge. A second chamber, the Senate, was envisioned under the Soulbury Constitution to give a place of importance to distinguished individuals who were reluctant to contest but could otherwise contribute to the nation’s decision-making process. Ideally, the 20th amendment should provide for dual citizen to hold not only political office but also office in public service and academia. We may hopefully be able to see more academics who are now overseas return to upgrade the knowledge and skills of students.
In the 1950’s and 1960’s, Sri Lanka was an exemplary developmental model studied by other countries such as Singapore and Malaysia. Today, the situation is just the opposite. Using current global indicators measuring corruption-free administration; ease of doing business; control over drugs of abuse, tobacco and alcohol; attracting foreign investments etc., Sri Lanka has fallen far behind most nations of the world. Successive governments and opposition members of Parliament and public servants must take much of the blame for inaction, short-sighted policies and running dysfunctional institutions.
Lord Acton, expressed the following opinion in a letter to Bishop Mandell Creighton in 1887:
“Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.”
The challenge for any new President now is to emerge as a great and good man, thus proving that Lord Acton was wrong as far as his statement is concerned. Dharma Asoka the Great was known to have been a benevolent dictator under whose rule much good had taken place in India during his time. He is said to have followed the ten precepts (Dasa Raja Dharma) outlined by Lord Buddha himself as the duty of a perfect ruler, namely
1. To be liberal and avoid selfishness
2. To maintain a high moral character
3. To be prepared to sacrifice one’s own pleasure for the well-being of the subjects
4. To be honest and maintain absolute integrity
5. To be kind and gentle
6. To lead a simple life for the subjects to emulate
7. To be free from hatred of any kind
8. To exercise non-violence
9. To practice patience
10. To respect public opinion to promote peace and harmony
In plural societies such as ours, it is important that the achievement of peace and harmony must gain the top most priority. It behoves all religious and national leaders to move away from their narrow comfort zones and adopt a holistic approach and do whatever is possible to make Sri Lanka as one modern united nation that proudly belongs to all of us after 72 years of independence.
(The writer was conferred a Ph.D. by the University of Colombo for his work on ’Mechanics of Constitutional Change: The Sri Lankan Style’. After a career as an international civil servant he returned to Sri Lanka and served as Chairman of the Securities and Exchange Commission and the Insurance Board and as a member of the Public Utilities Commission and the National Procurement Commission. In December 2005 in accordance with a general circular from the Office of the P.M. he relinquished all these positions.)
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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