Features
Amend the Constitution: end racism
by Kumar David
Article 15 of the Indian Constitution states that the State shall not discriminate against any citizen on grounds of religion, race, caste, sex, place of birth and so on. The text-box in this piece is an abbreviation of this Article and had the Sr Lankan Constitution contained such a provision the Sinhala Only Act, the chapter on Buddhism, the Indian & Pakistani Citizenship Acts, caste-based prohibition on entering temples and such abhorrent provisions would, in theory, have been ultra vires. Unfortunately, however, such shameful provisions would actually have been lawful in Sri Lanka subject to a referendum after their parliamentary enactment. The disgraceful thing about this country is that such referenda would have been carried by thumping racist majorities.
Dr Bhimrao Ramji Ambedkar a polymath who headed the committee that drafted the Constitution of the Republic India was a Dalit (“untouchable” or Gandhi’s Harijans, the children of God) and made no bones about it. He was Law and Justice Minister in Nehru’s first Cabinet, an economist, social reformer and human-rights advocate. His early methodological affinity to Marxism is unsurprising. In the land of the Gautama who was born in Nepal, of Gandhi who spent two intellectually formative decades in South Africa and of Mother Teresa of Albanian descent, such things were possible. At home in Lanka those who protected people of another race or faith during riots, rape and arson had to be themselves shielded from miscreants of their own race and faith.
Democracy Stillborn by Rajan and Kirupaimalar Hoole traces the plight of Sri Lanka to the battles of the 1920s over the championship of labour by Ponnambalam Arunachalam. His ouster in 1921 from the Ceylon National Congress, led to the domination of estate capitalism and blended an anti-working-class stance in general with communalism and the disenfranchisement of plantation workers. The legal battle about the citizenship of plantation workers compromised the judiciary too. Habeas corpus affirmed in the Bracegirdle case of 1937 was undermined by the 1947 Public Security Ordinance permitting “murder in good faith.” With the complicity of the Tamil and Muslim elite, politics which was anti- labour at first, turned ethno-chauvinist surrendering Parliamentary political power to Sinhalese exclusivism. Organised labour, weakened by the exclusion of plantation workers, was finally crushed by the UNP government in the General Strike of 1980. The right of habeas corpus, rendered virtually extinct by the 1979 PTA, made way for the cruel joke of the 2007 ICCPR Act.
The Hooles diligently and painstakingly recount the legislative, juridical and administrative history of this country since 1901 and express hope for the survival in a “mangled” form at least, of the Separation of Powers and a revived judiciary with the courage to declare bad laws invalid. Indeed, all across the world extremist, racist and neofascist assaults are proliferating, hence the Hooles’ thesis may seem legitimate not only in domestic discourse but also internationally. However, when history repeats itself it does so to the strains of a different melody.
But let me make a personal remark first. I got to know Rajan more than 40 years ago when he was a final year student in my Electrical Power Systems class at the Peradeniya Engineering Faculty. A clever but grumpy fellow, methought, youth is only a passing ailment. I am not sure if he is talkative and jolly now.
Global Context
Global growth is slowing sharply and countries are falling into recession with consequences that are devastating for developing economies. As Central Banks simultaneously hike interest rates in response to inflation, the world is edging toward recession in 2023 and the emerging financial crises will do lasting harm in developing economies. Though Central banks are raising interest rates inflation will not come down. Furthermore, the political scenario of spreading global extremism voids usual recession-recovery expectations. The Biden Administration finds it a matter of existential necessity to a take stand against extremism (racism, “election deniers”, reinvigorated Trumpism, a fundamentalist anti-abortion surge versus feminist outrage and a primitivist majority in the Supreme Court). Therefore, the Administration is pumping money into consumer’s pockets; fiscal stimulation; a $1.9 trillion American Rescue Plan, tax credits and rebates for energy-efficient vehicles and renewable electricity. Then there is the Ukraine war and political uncertainties such as the victory of neo-fascists in the Italian elections and the strengthening of the far-right in France, Poland Hungary, Denmark and elsewhere in Europe. Worry is justified.
Actually, what I am humming and hawing about is the Hooles’ hopes that a revived judiciary will have the courage to declare bad laws invalid. And when they suggest that talk of “revolution is discredited” they oversimplify the “mangled processes” maturing in the innards of global capitalism. Things now are different from the familiar post-war recession-recovery cycle. Global recession, a deep-recession or even a depression cannot be ruled out and complicate the aforesaid purely political picture. The processes are different this time and need to be fleshed out with their own empirical detail. Is a decade of global capitalist durability possible, or will it be a deeper recession than usual?
Comments on coverage
The authors are at their best in the scholarly presentation of how British juridical and colonial administrative practices challenged and eventually ended the denial of habus corpus and even contributed to the downfall of slavery in the Empire (pages 76-79). In Sri Lanka conversely since independence “governments have shown their repressive character by targeting the right of habeas corpus by legislative acts” and since 1978 by muzzling the judiciary. The historical scholarship of chapter two may prove to be the most informative section of the book for the lay reader unfamiliar with this history. The early chapters also expose the class bias and racial shakiness, if not worse, of the old “national leaders” DB Jayatilleke, DS Senanayake, James Peries, DR Wijewardene and SWRD Bandaranaike.
The book is a 730-page hagiography of Ponnambalam Arunachalam – I must hasten to add that I am not suggesting that loquacity is the outcome of matrimony. Many share the view that Arunachalam was the greatest Ceylonese political figure of the Twentieth Century. I will not dream of attempting to summarise the book’s argument in my 1,700-word column. Read it, you cannot afford not to, or you will miss a wealth of carefully researched detail. Chapter 11 on the Citizenship Act debates, convey a great deal of information about the intrinsic racism of Sinhala leaders and Tamil treachery (not only GG). While the book pays justifiable homage to Sarath Muttetuwegama I am surprised it makes no mention of two far more important leftists of the same period, Vijaya Kumaratunga and Vickrmabahu Karunaratna. The Hooles are strong on textual scholarship but alas have little grasp of left-politics.
An edited summary of chapter subheadings of the first part (up to page 480) of this 750+ page book is as follows and gives a flavour of its scope.
Champion of Labour (Arunachalam, Coup in the Ceylon National Congress, Tamil Mahajana Sabhai, Indian Labour Short-changed, Oligarchy of Planter-Politicians, Donoughmore and Status of Indian Labour, Formation of the Left, Blaming Indian Labour for Landlessness, Mooloya, Bandaranaike Cleanses Electoral Rolls, D.S. Senanayake, George E. de Silva, B.H. Aluwihare, Release of LSSP Detenus. Independence, Unions, Extending Colonial Repression, Undermining Working Class, Jayewardene and Keuneman, Ponnambalam and N.M. Perera, Naganathan and Nadesan, Jennings, Citizenship Act, Ponnambalam ditches Plantation Tamils, Chelvanayakam, Political Imperative to Shackle the Judiciary, the Ceylon Act: Invalid, Absurd and Impossible, Supreme Court clears the way for Disenfranchisement, Taming the Judiciary: Undermining Separation of Powers.
The second part of the book from about Independence right up to the present time are dealt with in equal detail in pages 480-649, I am not providing a summary because it is better known and for reasons of space. There are also nine useful Appendices, a Bibliography and an Index in the remaining 80 pages.
I am a believer in the maxim that brevity is the soul of wit. If one can possibly say it in 25 words why drag it on for 250? On this count I should not be an admirer of Hoole & Hool’s tome. But they can be forgiven the length because of their admirable coverage of socio-political and labour movement perspectives.
I will now explore some associated issues. There is for example a comment in a newspaper by Ranga Jayasuriya on Nov. 1, 2022 asking how come Britain has an Asian, Hindu Prime Minister, Rishi Sunak, and the US elected Barrack Obama, but no Lankan Tamil or Muslim came even close to reaching the pinnacle? Is it that in the early stages, Tamil politics was not a reaction to a Sinhala Buddhist majoritarian threat, but rather it was driven by Dravidian societal, caste and elitist imperatives? This of course is abundantly clear in the post-independence period where GG Ponnambalam’s reactionary Tamil Congress, and SJV’s quaint Federal Party and its successors, came to delineate the scope and nature of Tamil politics.
The aforementioned comment does not rub off on Arunachalam who “Kumari Jayawardena describes as far ahead of his colleagues in championing self-government and universal suffrage”. His vision was that of a Ceylon that would in about 20 years be a non-sectarian democracy along the lines of Switzerland. He noted “The slums of the poor, though not so bad as in the big cities of Europe, are nests of filth and disease. Children run about untaught, uncared for, their mortality running into hundreds per thousand.” Michael Roberts says in https://thuppahis.com/2022/12/04/caste-in-jaffna/ that M.M. Mahroof, a researcher into caste, makes the distinction “The Tamil system is based on a notion of pollution; the Sinhala is not. The former is supplemental to Hinduism the latter antithetical to Buddhism. Non-Govi castes are often wealthy and powerful, non-Vellala castes are not. Govi negation of others is subtle, Vellala negation of others is overt and offensive”. Was Arunachalam not a champion of the fight against caste prejudice in Tamil society of his day? Or is this an anachronistic question to ask?
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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