Features
Geneva odyssey: More confrontation or new approach?
by Rajan Philips
Prime Minister Mahinda Rajapaksa who made the surprising call for the government cancelling the ECT deal with India and Japan, has made another surprising and really a gallant announcement giving the green light for allowing burials for Muslim and Christian victims of Covid-19. If the Ministry of Health has been caught unawares by the PM’s statement in parliament, well, they had better get used to it. But no sooner had the government appeared to have cremated the burial issue than Cardinal Malcom Ranjith raised a new headache for the government – threatening to take his case for justice for the victims of the 2019 Easter Sunday attacks to international courts, if there is no assurance of justice through domestic investigations. That is a shocker even though it is no more than a threat for now.
The Cardinal is manifestly unhappy with the course of the investigations so far. Not only does he want to uncover those who masterminded the attacks, he also wants those who ignored prior warnings about the attacks to be exposed and punished. It is over the latter part that the government seems to be getting tied up in the usual coverup knots. As a straightshooter the Cardinal wants total transparency, but Sri Lanka parted with transparency in investigating political crimes decades ago. What has become is a culture of opacity and coverup.
If His Eminence could use his spiritual capital to successfully shake up Sri Lanka’s culture of opacity in the cover-up of crimes by successive governments, he would have brought deliverance to all Sri Lankans in this world before they even get to the other world or into the cycle of rebirth. Without that deliverance, or getting on the path to it, Sri Lanka cannot get out of the muddle it has made for itself at the UNHRC and cannot avoid the annual pilgrimage to Geneva.
Put another way, it is the culture of opacity and the web of cover-ups involving political crimes that seriously undermines the government’s nationalistic assertions against war crimes investigations at the UNHRC. Conversely, Tamil leaders who insist on international war crimes investigations/prosecutions against Sri Lanka are cynically unconcerned about doing anything about the broken-down domestic criminal justice system. A troubling intersection of these two tendencies has come about in what the Amnesty International has called, “the collapse of Joseph Pararajasingham murder case.”
Amnesty International was responding to the acquittal of of MP S. Chandrakanthan and four others in the 2005 assassination of TNA MP Joseph Pararajasingham, and the announcement by the Attorney General’s Office that it would be dropping the charges against the suspects. According to AI, this is “another sorry milestone in the Sri Lankan authorities’ continued failure to ensure justice for crimes committed during the armed conflict.” It is also disturbing for the silence among the Tamils over this particular travesty of justice. And Sri Lanka’s parliament cares nothing about accountability for the murder of one its own MPs, but welcomes those accused or convicted of murder so long as they are able to become MPs, not by winning a direct election but by getting a spot on the winning list of a political party. Once on the nomination list, criminals can campaign for mercy votes to avoid conviction. And they succeed!
Old JR’s New Mutation
For Amnesty International, the collapse of the Pararajasingham murder case is a natural outcome of the government’s withdrawal in February 2020, from the UNHRC resolution (30/1) committing the country to promoting reconciliation, accountability, and human rights. A less natural outcome is the alleged intention of the government to take away the civic rights of opposition political leaders and public servants based on the contentious report of a controversial Presidential Commission of Inquiry into Political Victimization. True to its name, and without any irony, the Commission would appear to have prepared its own list of names for political victimization by the government that appointed it.
Forty years ago, President JR Jayewardene invented the devise of presidential commission of inquiry to deprive his chief political opponent Sirimavo Bandaranaike, and two others from her government, of their civic rights. That was a disgraceful and damaging exercise of political power and no successor of JR Jayewardene wanted to repeat what Sri Lanka’s inaugural President did. Until now, that is, and that too with a long list of names. The list allegedly includes Ranil Wickremesinghe, Patali Champika Ranawaka, Dr. Rajitha Senaratne, Field Marshal Sarath Fonseka, JVP leader Anura Kumara Dissanayake, SLMC leader Rauff Hakeem and TNA leader R. Sampanthan. Perhaps, more can be added and merrier it would be for Sri Lanka’s democracy.
The JVP leader has colourfully told President Gotabaya Rajapaksa what to do with the Commission’s report. The question is what is the President thinking that he can do with the report, its list, and its recommendations? After precipitously withdrawing from the UNHRC resolution on postwar reconciliation, the government seems to be incubating more Sri Lankans to go to Geneva to pitch their grievances against the government before the UNHRC. The Commission on political victimization seems to be setting up everyone in the opposition – from Ranil Wickremesinghe to R. Sampanthan, to seek justice outside Sri Lanka for injustice within Sri Lanka.
Already, a line up of Sri Lankans seeking redress in Geneva seems to be starting. International justice and journalist organizations are reportedly urging the UNHRC to adopt a new resolution asking the Sri Lankan Government to “cease harassment, surveillance and attacks against journalists and law enforcement officers who investigated attacks on journalists,” and to immediately release former CID Director Shani Abeysekara. It will not be long before, if not already, UNHRC will be petitioned for similar resolutions on behalf of long detained human rights lawyer Hejaaz Hizbullah, whose only palpable cause for detention without charges is that he is a Muslim. No one knows what the future holds for another Muslim professional, Dr. Mohammad Shafi, or whether he too will be forced to seek redress in Geneva.
Withdrawal Effects
We do not know what plans the government had to deal with UNHRC when it unilaterally withdrew from the Council’s resolution co-sponsored by the previous yahapalanaya government. Perhaps, the withdrawal was more for dramatic political effect at home than for strategically dealing with a serious matter in Geneva. One year after, there is no plan to see, and the government has neither results at home nor a new strategic plan to show in Geneva. If anything, the exercise of the political victimization commission will only be an embarrassment for the government delegates in Geneva. On the other hand, the government’s Tamil and Muslim detractors will be citing Cardinal Malcolm Ranjith’s threat of going to international courts, with much approval and for maximum effect.
The vacuum created by the government’s inaction, not to mention unnecessary misdoings, is being filled locally and in Geneva in ways that the government clearly has failed to foresee. Regardless of what position one takes on it, the latest report of UN Human Rights Commissioner Michelle Bachelet on Sri Lanka is an escalation from its predecessors. For the first time, the Commissioner is calling for targeted punitive actions by member states against perpetrators of human rights violations in Sri Lanka.
As Dayantha Laksiri Mendis has cogently pointed out (The Island, Friday, February 12) a new proposed Geneva Resolution could be “devastating for Sri Lanka if it is based on the Report of the UN High Commissioner for HR.” He goes on to suggest that “it is desirable at this point of time to draft a counter resolution and outline Sri Lanka’s proposals relating to reconciliation and accountability without taking a confrontational approach.” Specifically, Mr. Mendis’ advice is to “draft a counter resolution and identify how we intend to deal with reconciliation and accountability taking into account ground realities, constitutional provisions and the political ramifications.” So, will it be more confrontation or a new approach to reconciliation and accountability? That is the question.
The local withdrawal effects have been quite a few, and the government should be wise to emerging new mutations of opposition and protest and learn to engage with them more positively and unlearn the old ways of counterproductive confrontation. There are signs of both within the government, although the confrontational approach is clearly having the upper hand. The most blatant and ill-advised sign of confrontation is the government’s withdrawal of the high security detail provided to TNA MP M. A. Sumanthiran because he participated in the P2P protest march in violation of a court order. Technically, he was in no such violation, and even if he was it was a matter for the courts and not a government minister to act upon.
As for P2P, the alliterative abbreviation for the five-day march from Pottuvil in the east to Polikandi in the Jaffna Peninsula, it is an instance of local political filling the void of government inaction in the north and east. The purpose of the march was to highlight the yet unresolved issues of missing persons, denial of space and right to commemorate their memory, return of land, the fate of people indefinitely detained without any legal process, and the new concern over the present government’s archaeological expeditions. The march was organized by Tamil political groups with participation by Muslims and plantation Tamils and the highlighting of their concerns. One would hope that the government would have the wisdom to view this development not as a challenge to be put down, but as an opportunity to engage with the people in the north and east and their representatives to address their day to day problems. It is also an opportunity for President Rajapaksa to extend his much vaunted village visitations to include the villages in the two, as SJV Chelvanayakam called them, “deficit provinces” of Sri Lanka.
The antibodies within the government to the virus of confrontation are admittedly weak, but nonetheless deserve due acknowledgment. It is remarkable that the Socialist Alliance leaders are consistently principled on the question of devolution and the continuation of the provincial council system. Equally heartening is the fact that the Lawyers’ Forum for the People held their news conference last week to warn about the ridiculous recommendations of the Presidential Commission of Inquiry into political victimization (PCOI), at the Dr. NM Perera Center in Colombo. They could not have found a more appropriate place for it.
To modify what Colvin R de Silva said about his legal luminary colleague S. Nadesan, NM Perera was a unique Sri Lankan who could have talked constitution to any forum anywhere in the world. In Sri Lanka, as Pieter Keuneman said it, NM was the jewel of parliament. And it is too much to expect the current parliament to live up to the high standards that were set by NM and his generation of parliamentarians. What should be worrisome at the same time, is that the current parliament has got itself a majority to enact a new constitution drafted by a committee that has no political or constitutional experience at all. Whether what they will create would be appropriate for a future UNHRC resolution is a different matter that we can only wait to see.
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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