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Easter Reflections on Human Rights: No one is without sin, but everyone is throwing stones!

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by Rajan Philips

The caption above is from the gospel story in John about Jesus exposing the male and religious hypocrisies of the scribes and the Pharisees, who were trying to trick the Nazarene to say yea or nay to their question whether they could punish, without trial, and only the woman for an alleged act of adultery. John 8:1-11 is not the assigned gospel reading for Easter Sunday. But it is appropriate reading for secular reflections on a religiously significant day and in the current global context of human rights assertions, disputes and controversies.

Sri Lanka is in the vortex of all of these, even though its immersion is hardly consequential globally but hugely so nationally. There is also the added and very painful twist because today is the second anniversary of the 2019 Easter bombings in Sri Lanka. And in many parts of the world for the second year in succession, Covid-19 and its new mutations are preventing full congregations celebrating their traditional Easter service.

There is really no serious parallel between the dispute over adultery in Judea and the contemporary disputes over human rights except for the symbolism of throwing stones. In the old patriarchal way of dealing with adultery the woman is condemned to double jeopardy and any man on the street gets to feel entitled to throw stones at her. The gospel story pushes back on men by questioning their entitlement when they themselves are not without sin. Worse, they are the perpetrators. In the matter of human rights, there is hardly a government that is without the sin of violating human rights, but that does not stop governments from throwing stones at one another. And the victims of human rights violations are caught in the middle, in the crossfires of often cynical realpolitik stones, with little agency and even less reparations.

 

New Cold War

There are opinions that human rights are becoming the defining premise for a new Cold War between the US and China. The world is a different place now for a replay of the old Cold War that involved the decoupling and the disengagement of the US and the Soviet Union, and the division of world polities into two camps behind the two superpowers. The world is far too integrated by markets to become decoupled and disengaged all too easily. What is already evident is the disposition of governments to selectively engage in some matters and disengage in others, to cooperate on some issues and confront over others, and to be part of different alliances for different goals and objectives. The Biden Administration has said as much in signaling its approach towards China.

There could be a restatement of the old wisdom that there are no permanent allies or enemies or camps, but only permanent interests. This is evident in the stone throwing over human rights. In what some observers are calling ‘a big thing in international politics,’ the US, EU (with its 27 countries), Britain and Canada have combined to impose sanctions on four Chinese officials and one state corporation for alleged human rights abuses of Uyghur Muslims in China’s Xinjiang province.

Sanctions targeting individuals are the new tool of choice to deal with human rights violations. There are now sanctions imposed against Russians, North Koreans and the military junta in Myanmar. The US began this procedure after the Magnitsky Act, a bipartisan US legislation that President Obama signed into law in 2012 to sanction Russian officials who were accused of killing Sergei Magnitsky, a Russian tax lawyer, in a Moscow prison in 2009. Although controversial, the law authorizes the US government to act globally against individuals accused of human rights violations by freezing their assets and banning them from entering the US. Other western countries, including the EU, have since developed their own sanction mechanisms.

China has hit back with its own sanctions but has escalated its rejoinder to include political leaders and parliamentarians in the EU, Britain and in Canada. The unconventional escalation is in keeping with China’s aggressive global outlook and its ‘wolf warrior’ diplomacy in western capitals that have become the hallmark of Xi Jinping presidency. Xi has emerged as the most powerful Chinese leader after Mao, and he has transformed China’s global outlook in his own assertive image, quite different from the approach of peaceful cooperation and development favoured by predecessor Hu Jinato.

The transformation in China may have come about after Trump became President in America. During President Obama’s first term, Xi Jinping was Vice President in China and he frequently met with Joe Biden, then Obama’s Vice President. Biden is said to be the western leader who has spent the longest time and travelled together with Xi. But Biden has to contend with a different Xi now. At the same time, unlike any other President before him Biden carries on his shoulders the expectations of human rights organizations and activists. This became evident during his first call with Xi lasting two hours, during which Biden reportedly highlighted the issues of Hong Kong and Uyghurs. And gloves came off when their foreign secretaries met face to face in Alaska.

Along with sanctions, China is also being accused of genocide against Uyghur Muslims. The paradox here is in the ‘othering’ harassments of Muslim citizens in Western countries even as sanctions are imposed against China for its treatment of Uighur Muslims. So much so, “The Jew, Europe’s prototypical ‘other,’ has largely been replaced by the Muslim ‘other’,” according to the Israeli Political Scientist Amikam Nachmani. The paradox is also that India, while being a Member of the Quad (with Australia, Japan and the US) for the containment of China in Asia, will not join others in sanctioning China over Muslims. The Modi government in India is not ‘without sin’ in its treatment of India’s Muslims. Nor will Pakistan that calls out for international attention to the plight of Muslims in India’s Kashmir, raise its voice or throw a stone in support of Muslims in China’s Xinjiang.

There is more. While joining the Quad group as a strategic measure to counter China’s power in Asia, India is not abandoning its old ties with Russia for arms production. Nor is it going to risk or reduce its growing economic ties with China despite the border clash setbacks in Tibet. Australia is the first western country to seriously challenge China over the handling of Covid-19, and has been economically punished by China in return. Yet, while being part of the Quad for the containment of China, Australia will do everything not to lose the huge Chinese market for its exports.

It is the same with the EU and all of its member countries. More so with post-Brexit Britain looking for new trade agreements, and where Prime Minister Johnson is being ridiculed by his critics for going soft on Hong Kong for trade rewards from Beijing. In sum, the current global circumstances are not contributing to the formation of permanent blocs and alliances among countries. Rather, countries seem to be open to choosing between allies and alliances depending on specific issues and their specific interests.

Closer home, 11 of the 22 countries that voted for the UNHRC resolution on Sri Lanka have signed up for China’s intercontinental Belt & Road Initiative (BRI) that includes a total of 140 countries. The eleven countries are: Armenia, Austria, Bulgaria, Cote d’Ivore, the Czech Republic, Fiji, Italy, Poland, Republic of Korea, Ukraine and Uruguay. Also, 18 of the 22 countries are new members without prior baggage. And a majority of the countries in every region either voted for the resolution or abstained from voting. China stood by the Sri Lankan government in Geneva and helps with currency swaps to tide over foreign exchange depletions. But Sri Lanka needs the key countries who canvassed for the resolution – to access their markets for Sri Lanka’s exports. Without them, the government will have to permanently depend on currency swaps.

 

Human Rights Genealogy

A common assertion in debates over human rights is that they are a creation of western countries and imposed on developing countries as a new form of domination. This is a false assertion and/or manifestation of ignorance. The Cold War history is replete with examples of subversion of human rights by western countries and the fight by non-western countries and their leaders to defend human rights against their subversion. There is also a tradition of social movements in developing countries to expand the scope of human rights by emphasizing public interest over property rights and to privilege cultural specificities over universal similarities. And specific to the current debate over UNHRC and human rights, Sri Lanka has a tradition of civil rights and human rights movements that can be traced to the 1970s, if not earlier.

As Easter recollections go, four men of the cloth played key roles in championing human rights and protesting against their violations. Bishop Lakshman Wickremesinghe became the face of the Civil Rights Movement whose moving forces were Suriya Wickremesinghe and that doughty courtroom defender of human rights, S. Nadesan, Q.C. Complementing Bishop Wickremesinghe were Bishop Lakshman Nanayakkara, Fr. Tissa Balasuriya, and Fr. Paul Caspersz, who were in the forefront of progressive Catholic action championing the goals of social justice, equality, workers’ rights, and, yes, human rights.

It is fair to say that the nucleus of the Civil Rights Movement was formed as a Sri Lankan protest response to the snuffing of the 1968 Prague Spring by the tanks of the Warsaw Pact countries. Then it was to protest against the forces of Yahya Khan trampling over what was then East Pakistan and soon to be Bangladesh. Strange as it may seem now, there were no domestic human rights issues to complain about. Everything changed with the JVP insurrection of 1971 and the deployment of the armed forces to put down the insurrection. The Tamil youth took their turn and went to lengths that no one could have imagined when Sri Lanka became a republic, one year after the insurgency. Human rights would no longer be a non-issue in Sri Lanka. And it was not the result of some neo-colonial imposition.



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The heart-friendly health minister

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Dr. Ramesh Pathirana

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.

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A LOVING TRIBUTE TO JESUIT FR. ALOYSIUS PIERIS ON HIS 90th BIRTHDAY

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Fr. Aloysius Pieris, SJ 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 on Nov. 23, 2019.

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.

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A fairy tale, success or debacle

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Ministers S. Iswaran and Malik Samarawickrama signing the joint statement to launch FTA negotiations. (Picture courtesy IPS)

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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