Features
Confrontations with public protests: Lessons and inconsistencies
by Merril Gunaratne
This narrative could commence with the current wave of public protests which began in March 2022, and is yet in motion. The efforts by protesters to intimidate the former president in close proximity to his Mirihana, Nugegoda residence on March 31, 2022, was it’s beginning. On May 9, 2022, mobs encouraged by those in power at the time, attacked peaceful protesters at the Galle Face Green in the gaze of the police who were gripped by apathy. Police again failed on the same night when mobs caused murder and mayhem in many parts of the country.
The role of the police in dealing with public unrest
Dealing with public disorder is the responsibility of the police. Agitations in streets and public places of trade and student unions and even members of the public provoked by harsh living conditions have to be dispersed by the police which is the main bulwark against lawlessness. Police must arrive promptly at scenes of unrest and take steps to restore normalcy. They are in possession of arms to help adoption of “minimum force” wherever necessary. Should firearms be justifiably necessary, police are empowered to use them in order to restore law and order.
The army, when mobilized, would carry firearms. It may not be an exaggeration to say that the use of firepower is justified only if a serious threat to life and limb emerges from agitators.
In any field of activity, more so to repulse mobs and agitations, the concept of “a single point of control” or a unitary command is vital for efficacy. Coordination and cohesion would be best served if the role of the overall commander is not diluted. Proof that the army was required only to assist the police at Galle Face Green on May 9, 2022, is the fact that a senior army officer was not named to be the overall commander of the police and the army. Senior DIG of Western Province was therefore in total control of the police, with the army deployed to assist the police.
Police inadequacies
In hindsight, it is difficult to comprehend why the police at Mirihana failed to disperse the protesters who initially appeared peaceful. They, apparently emboldened by police tolerance, became more boisterous shortly after and proceeded to torch vehicles. Notwithstanding the extent to which the former president had lost popularity due to prevailing conditions in the country, the police cannot be excused for failing to disperse hostile numbers within proximity of the residence of a head of state and government.
Even if a few hostile elements assemble near the house of an ordinary citizen, the latter is entitled to summon police assistance. The mere presence and conduct of a hostile group could be construed as “intimidation”. The failure of the police to disperse the threatening presence of large numbers in proximity to the residence of the president is inexcusable. Such failure served as an impetus for the assembly of large numbers that followed at Galle Face Green.
Police had actually thereafter abetted the perpetration of violence on the morning of May 9, 2022 by outsiders. In the aftermath of such failures , there were efforts by Deshabandu Tennakoon, Senior DIG of Western Province and the IGP to shift responsibility for police failures to each other. The position adopted by Senior DIG [WP] was that he was restrained from acting against the miscreants who invaded the Galle Face Green, by the IGP.
In all situations of public disorder or lawlessness, the responsibility to take decisions and act to restore order, is entirely with the senior commander [Senior DIG WP in this case] on the spot. He has to assess the situation, decide on a suitable course of action consistent with the law, and adopt steps to restore normalcy. When so engaged, he has to disregard all extraneous considerations. He is the main actor on the stage, and cannot falter in performance, as he has to justify his actions in a court of law. He cannot go to courts and state in mitigation that he was influenced to act in a particular way by a superior distant from the scene.
It may be in context to state that when confronted by lawless elements led by Cyril Mathew trespassing into Vidyalankara University in 1978 and in Polgahawela in 1979 when MP Sunil Ranjan Jayakody led the mob, I took decisions on my own to deal with the situation. So also during the Muslim – Sinhala riots in Beruwala in 1991, the ‘hostage’ drama at Biyagama in 1993, intimidation of Americans employed at Voice of America radio station at Iranawila, Chilaw, in early 1990s. I would have considered it inappropriate to dilly dally awaiting orders from above. The habit of seeking instructions from those not at scenes of unrest was more an exception in our time.
One such exception deserves narration. In 1990’s, when WB Rajaguru was IGP, a DIG in Ratnapura, confronted by a mob threatening to invade the police station had phoned the IGP to seek instructions. I was called up by the IGP to discuss the matter. It was agreed after discussion, that he should inform the DIG to take suitable decisions without seeking advice since he was the officer at the scene. The DIG concerned was advised accordingly.
Police also failed on the night of May 9, 2022. Most of the violence which occurred in many parts of the country could not have surprised the police for what was done was committed brazenly and not in great secrecy. The months commencing from March 2022, witnessed a wave of unrest. Police, with the advantage of intelligence, should have mapped out contingency plans including mobilization of large numbers of police by day and night. At the time of writing, a news item appeared in the Sunday Island of April 2 that the Senior DIG had passed down written instructions to police on the ground to desist from carrying arms. If this is true, it may reveal the state of mind of the Senior DIG at the time.
Handling of protests under President RW
Beginning with his advent to power, police moved swiftly and effectively to deal with all protests. This campaign is yet in progress. Those in the highest echelons in Defence and Law and Order Ministries as well as the Police who now act decisively, are the same officers who served the former President. In fact, they were his appointees. It would be natural to ponder why President Wickremesinghe has succeeded, whilst his predecessor had failed. There appears to have been contrasts between the two Presidents in their style, experience and the capacity to enforce orders. This is notwithstanding the fact that the police and the defence apparatus may earlier have suffered the inhibition that the former president had been alienated from the people.
Use of firearms by Police in restoring normalcy
Currently the police are frequently being called upon to disperse protests and agitations on the streets. A significant feature of the current repulses is the patience being exercised, even in the face of repeated provocations. Not once has the police employed firearms to disperse agitations. It is evident that the Police have evolved a formula or strategy to successfully disperse protests without the need to employ guns. Police have had a history of being ‘trigger happy’ when deployed in large numbers at scenes of unrest. A peaceful protest where Buddhist monks also figured was dispersed by police opening fire in the first days of January 1966 at the cost of the loss of life of a priest.
Because of a severe public outcry, IGP S.A. Dissanayake was placed on compulsory leave by the government. In late 1990’s, the American employees of the VOA station at Iranawila, Chilaw, were regularly intimidated by villagers when traveling to and from the station. Senior DIG Gamini Randeni ordered the police to open fire on them, an excessive act that exacerbated the situation. The Senior DIG was placed on compulsory leave.
In 2011, IGP Mahinda Balasuriya erred similarly, causing an employee of the Free Trade Zone to be shot dead. He was ordered to resign from office. The army, mobilized prematurely, caused a death at Rathupaswala bringing disrepute to the government of President Mahinda Rajapaksa. More recently, during the former President’s tenure of office, Rambukkana police caused a crisis by opening fire and causing the death of a protester.
There were other cases of excessive action to curb unrest as well. The common factor or feature in most of these cases was the failure of senior officers in command to have ‘tight control’ of their subordinates who often become ’trigger happy’ when mobilized in numbers. Against this backdrop, police presently have to be commended for restraint. They appear to have sharpened control of mobilized lower ranks and infused the value of patience in testing situations.
Dispersing protests without arms should be taught in Police Training School
Current strategies by the police to exercise considerable restraint in dealing with agitations without having to use firearms, should be included in the curricula of police academies so that appropriate lessons could be imparted to trainees. I cannot remember this subject being included in training programs in our time.
The history of police apathy is the other side of the coin. Such occasions have been often dictated by political compulsions. Even in our time, there had been many instances where police had failed to discharge their lawful obligations in the face of interference by those in power. It had been commonplace in the 1980’s and 1990’s for political elements to take the law into their hands at elections, or to silence political rivals or institutions which do not promote political interests. Very often, police have come off poorly by inaction, indifference, or even by failing to arrive at scenes of turbulence. The repulse of mobs and protests had often been characterized by inconsistency.
Gone are the days when police shortcomings when addressing public unrest, are openly discussed at conferences, to ensure “performance improvement.” I am reminded of one of the former IGP’s, Osmund de Silva summoning a conference of his DIGs’, SPs ’ and ASPs’, shortly after communal riots in 1950s amid complaints by senior officers including Sidney de Zoysa, of political interference. After a free exchange of views, the IGP in disgust walked into the cabinet room and offered his letter of resignation to Prime Minister, SWRD Bandaranaike.
The latter had to use all his powers of persuasion for the IGP to withdraw his letter. Such exemplary officers of that time stand in contrast to many of those who had wielded authority in the police subsequently. The stature of police giants like Osmund de Silva, Sidney de Zoysa and Eleric Abeygoonewardene have “gone with the wind”. The reluctance of police seniors to introduce unfettered discussions about the need to employ uniform standards in confronting mobs is possibly underpinned by concerns of self-interest. Nonetheless, strategies that are presently employed to disperse protests without use of firearms should enter training curricula in police academies. They would ensure performance improvement and save lives.
(The writer is a retired Senior DIG Police)
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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