Features
Duminda’s release from prison overshadows Ranil’s return to parliament
by Rajan Philips
June 24 was Poson Poya Day. The Daily Mirror and the Daily News editorially reminded Sri Lankans of the significance of Poson, the most important Buddhist festival after Vesak. It was on this day, 2300 years ago, King Devanampiya Tissa encountered Emperor Asoka’s son Arahat Mahinda in the jungles of Mihintale. Their encounter led to Sri Lanka’s first formal religious conversion led by the King himself and ministered by the missionary prince from India.
The Daily Mirror editorial called on its readers “to contemplate on the teachings of the Buddha,” as Sri Lankans struggle through all the horrors of 2021, and tried to end on a calypso note that Sri Lankans today should do their part so that future generations can proudly sing (with Harry Belafonte) – “Oh, island in the sun; Willed to us by our fathers’ hands; All our days we will sing in praise; Of your forests, waters and your shining sand.” The Daily News was more solemn, drawing attention to the symbiosis between Buddhist ethos and the protection of the environment, and calling on Sri Lankans to not only protect their much blessed island but also save the accursed planet.
Poya Day Pardons
Presumably unbeknownst to either newspaper, Sri Lanka’s President was thinking of his own contribution to mark Poson in this year of horrors. The President chose to pardon and free Duminda Silva from the life sentence he was serving for murder. Albeit Mr. Silva was one of 93 prisoners who were pardoned that day including 16 LTTE detainees. But his pardon, although not unexpected, came as national shock given its daring and its timing. The Bar Association of Sri Lanka (BASL) lost no time in requesting the President to confirm if due process had been followed in the granting of pardon, including a report by High Court Trial Judges, the Attorney General’s opinion, and the recommendation of the Minister of Justice.
It was left to Sumana Premachandra to strike a personal and religious note and reprove the “injustice” of granting presidential pardon “on the most auspicious day of ‘Poson Poya’.” Sumana Premachandra is the widow of former SLFP MP Bharatha Lakshman Premachandra who was killed by gunfire during the Local Government election on October 8, 2011. Duminda Silva and four others were convicted of that crime and given life sentences by the Colombo High Court in 2016, which was convincingly upheld by the Supreme Court two years later in a landmark ruling on election violence including murder.
This is the second pardon given by the current President in less than two years. The first, was in March 2020 at the onset of Covid-19, when he pardoned the former Staff Sergeant Sunil Ratnayake who was convicted in 2015 for the murder of eight civilians, including three children, in Mirusuvil in April 2000. That conviction and death sentence were also affirmed on appeal by the Supreme Court in 2019. Unlike Sergeant Ratnayake, Duminda Silva is wealthy with influential family connections. He is also a Catholic, just like Jude Jayamaha whom President Sirisena pardoned in November 2019, in his last days in office.
Jayamaha was facing death sentence for brutally murdering a Swedish-Sri Lankan teenage girl, and his conviction and sentence were also affirmed by the Supreme Court. There was national outrage then, and Sirisena made it worse by clumsily lying that a Catholic Bishop had pleaded on Jayamaha’s behalf. This time, a Catholic excuse is unlikely, so the reason for pardon will likely be Poson compassion. But what about mercy and compassion for others, the four convicted and sentenced along with Duminda Silva, not to mention hundreds of others who have no one to pull any strings for them?
What is shocking is the impudence behind this pardon. Perhaps, it should not be shocking. Clearly, the President gives far greater weight to his personal IOUs than what he owes the country. It may be that to his mind, it is the country that owes him everything, not the other way around. After all, he gave up his US citizenship for the sake of hapless Sri Lankans. And issuing any and all pardons is a key part of presidential powers. That was the short-lived Trump Doctrine in America and it is finding application in Sri Lanka. Institutionally, it is possible that the government has been shaken by recent court rulings that went against the government, and wanted to get Duminda’s pardon out of the way before new insurmountable roadblocks came up.
The Supreme Court delivered politely wrapped strictures on the Port City legislation, after government lawyers made fools of themselves trying to defend the indefensible. And the government was forced to backtrack on the Bill. More damning was the ruling of the Court of Appeal in granting bail to former CID Chief Shani Abeysekera, after rejecting the Attorney General’s spurious excuses which had been shamefully marshalled to please political masters. A month earlier, on May 21, the Supreme Court had delivered another broadside against police brutality and custodial killing in its ruling on the fundamental rights case of 17 year old Sandun Malinga who was fatally beaten while in police custody in May 2014.
The government could not have missed the judicial writing on the wall. It must have realized that the recommendation by the wayward Presidential Commission of Inquiry on Political Victimisation directing the Attorney General to re-appeal to the Supreme Court for a review of Duminda Silva’s conviction, is not a serious proposition and will only backfire, given the current trend of court rulings. The surer way to fulfill the President’s personal IOU is to issue a presidential pardon on the Poson Poya Day. ‘Look before you leap’ has never been this government’s maxim. Leap first and see later is its modus operandi. Even Poya days are not spared from its leaps.
Ranil Overshadowed
If you remember the pre-poya/poya holidays of old, you would have noticed that it was on pre-Poson day, Wednesday, June 23, that Ranil Wickremesinghe returned to parliament as the UNP’s sole National List MP, nearly one year after his and his Party’s electoral rout. If Mr. Wickremesinghe and his followers were thinking that returning to parliament on the day before Poson was a sublimely auspicious political omen, they must surely feel let down by what the President did the very next day of Poson Poya.
Before being overshadowed by Duminda Silva’s presidential pardon, Ranil Wickremesinghe’s return to parliament has been generating quite a number of mixed reactions. There have been welcoming anticipations which have been followed by positive comments on his first day speech (inaptly called by some as ‘maiden speech’ – there is nothing maiden about him after 40 years as MP). Those who welcome him believe that RW has the experience and the wisdom to contribute positively to help the country steer the way out of the dystopic mess that the present government has created. The same charitable voices carry no small amount of caution that Mr. Wickremesinghe should stay away from his old games, short or long, and help parliament to collectively do its job of checking and balancing – not only executive power, but also executive incompetence and inaction.
On the other hand, there have been cynical commentaries and suspicions that RW is returning to parliament to become Leader of the Opposition again in connivance with his longtime and convenient political foil, Mahinda Rajapaksa, the current Prime Minister without any 19A powers. And there have also been strong and justifiable political criticisms that his return to parliament will only disrupt the Opposition, that it is intended to divide the Samagi Jana Balawegaya (SJB) by poaching SJB MPs to rejoin the old UNP, and will ultimately make matters easier than they should be for the government.
In his speech on Wednesday, Mr. Wickremesinghe, whose last job was as Prime Minister under the 19th Amendment, contended that “the (current) Prime Minister and the cabinet should take over the responsibility of controlling the pandemic.” There was no reference to the President or the 20th Amendment in the speech. Whether it is the typical RW snub of someone who used to call him “Sir” in the past and has since become President, or whether he was making a constitutional point, is irrelevant given the grave situation the country is in.
Yet, as table talk goes, there are two Sri Lankan Presidents, Maithripala Sirisena and Gotabaya Rajapaksa, who used to address Ranil Wickremesinghe as “Sir”, before they became Presidents. That RW was unable to work with (let alone ‘manage’) the former is much of the sad story of yahapalanaya. What he is going to do with the latter, in his new role as a lone ranger for the grand old party, was getting to be table talk in the Colombo political circles. That was until the President sprang the Duminda pardon, under a full moon, on an unsuspecting country.
If the presidential pardon has been a shocking experience to whatever moral sensibilities there are still in the country, the return of Ranil Wickremesinghe is a fitting anticlimax to the degenerative state of the country’s politics. Politics today has no pleasing prospect and is full of swarming dullards. Sri Lanka’s post-independence history is replete with missed opportunities by some very capable political leaders. But never before has there been an instance when an entire government was without competence on any of its files.
It is a tall order to expect anyone, however old, wise and experienced, to change the current state of affairs merely by being a lone MP in parliament. At the least, Mr. Wickremesinghe should try to disprove the cynical predictions of his many critics – that he has come back to play the same game with the Rajapaksas for himself, and for them. On the other hand, RW’s presence in parliament should, hopefully, put pressure on Sajith Premadasa and the SJB to demonstrate not only that they are an effective opposition in parliament, but also that they are capable of getting serious political traction in the country. As for the TNA and the JVP, perhaps more so for the TNA, they have been bitten before by their uncritical association with Ranil Wickremesinghe. They should think twice, if not ten times, before starting any new games with Mr. Wickremesinghe in parliament.
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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