Features
GOSL in Geneva etc.
By Sanja De Silva Jayatilleka
The new Sri Lankan administration continues to fail spectacularly at an alarming rate, both nationally and internationally. Internationally, Resolution HRC/51/L1/Rev1 is the ninth resolution to be adopted on Sri Lanka at the United Nations Human Rights Council since 2009. The vertical slide at the UNHRC since 2012 which accelerated under the Gotabaya Presidency, reached a new low under the Ranil Presidency with just seven votes in its favour. All of the resolutions on Sri Lanka at the Council since May 2009 have been primarily on post-war reconciliation, devolution of political authority and accountability for alleged human rights violations and transgressions of international humanitarian law by both sides to the conflict.
The latest resolution however, drafted in the aftermath of an unprecedented people’s uprising against the government which saw the dramatic overthrow of the President following the resignation of the entire cabinet including the Prime Minister, introduces for the first time an economic dimension, calling upon the government to address the economic crisis and to investigate and prosecute corruption, in addition to the usual war-related concerns. The uprising popularly referred to as the “Aragalaya” (Struggle), had as its main grievances the corruption of the ruling elite and its mismanagement of the economy, which plunged the country into bankruptcy.
Predictably, the resolution was vehemently rejected by Sri Lanka’s Minister of Foreign Affairs Ali Sabry participating at the 51st session in Geneva on behalf of the government of Sri Lanka. The government having elected its longtime political opponent Ranil Wickremesinghe (who lost his parliamentary seat at the last elections) as President to replace the ousted Gotabaya Rajapaksa, recovered its composure and continues to insist that the economic crisis was a result of the Covid pandemic and the war in Ukraine, and that its role in the collapse of the economy was marginal.
NATIONAL NARRATIVE
Neither its own citizens nor the international community are buying it. There are daily manifestations of protests, probably indicating that the country is on the cusp of another ‘Aragalaya’. Following close on the heels of the resolution, the Supreme Court has granted leave to proceed on three Fundamental Rights cases holding the former President, former Prime Minister and former Finance Minister (the most politically prominent members of the Rajapaksa family) in addition to their Cabinet and top officials, naming 39 individuals as responsible and accountable for the economic crisis. Together, these developments may lead the IMF and the creditors in negotiations with the government of Sri Lanka on debt restructuring, and other stakeholders, to insist on early elections to obtain a fresh mandate from the people.
The disproportionately repressive methods being sought to be implemented by the security bureaucracy as pre-emptive measures against a repetition of the uprising are only proving to be propellants of their worst fears. The aggressive conduct of the Police this week at a peaceful vigil planned by a few hundred protesters at Galle Face, shocked the nation, especially when they rushed at parents carrying children in an attempt to arrest them. The traumatized children were pulled away from the parents by the Police while people screamed at them in horror.
The Human Rights Commission of Sri Lanka (HRCSL) has since called the Police officers in as part of their investigation in to this new and unsanctioned conduct, except it seems by President Wickremesinghe, who in response to this incident, bizarrely suggested new legislation to prevent children from being taken to protests and spoke not a word on unprovoked, unwarranted Police brutality!
The government’s attempt to declare several areas in and around the city as High Security Zones was challenged in the courts and was subsequently withdrawn by President Wickremesinghe. The arrests and continued detention of high-profile protesters under the Prevention of Terrorism Act (PTA) which gets a mention in the Geneva resolution, has increased public suspicion and the unpopularity of the government.
The Foreign Minister was grossly in error in his criticism that the Council had neither the mandate nor the expertise in economic matters. In the founding document of the UNHRC, Resolution 60/251 of the General Assembly specifically clarifies that all human rights, including civil and political rights are indivisible and should be regarded with the same attention. The Council has long appointed international experts known as Special Procedures, who are experienced in the relevant fields to report to the Council on diverse matters. These Special Rapporteurs conduct field visits, consultations with stakeholders, collect evidence and present their reports both to the Council in Geneva and to the General Assembly in New York. As of 2021, there are 45 thematic Special Procedures of the Council ranging from experts on Climate Change to Extreme Poverty.
Significantly for Sri Lanka, there is also a Special Procedure called “the Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights”.
At the UN Human Rights Council in Geneva, the membership of 47 is assured of equitable geographic representation, with each region proportionately representing its share of humanity and each member holding an equal vote, with no veto held by any member. It’s composition attempts to reflect world opinion fairly.
GENEVA STORY
The story of the resolutions and their voting records in Geneva reflect Sri Lanka’s relationship with the world community and its conduct of international relations. The results of the votes at the UNHRC stand as independent witness to Sri Lanka’s capacity for negotiating its national interest in the world system.
The first resolution was adopted at a Special Session of the Council on May 27. 2009, just over a week after the Sri Lankan state prevailed over the Liberation Tigers of Tamil Eelam, bloodily ending a three decades old war. It is remarkable that Sri Lanka managed to get 29 votes in its favour, by far the greatest number it has ever managed (over 60% of the membership), in the immediate aftermath of the war (2009), when the lowest number was gained 13 years after the war ended and in peacetime (2022). Sri Lanka’s votes at the Council have declined steadily since 2009, never managing to get more than 15 (2012) and going down to just seven votes in 2022.
The numbers are important because they are clearly reflective of an important underlying factor of Sri Lanka’s conduct of international affairs. The highest votes were achieved when Sri Lanka regarded the UN Human Rights Council as well as the United Nations system as deserving of full engagement and unstinting support, becoming an active participant in shaping the role that the Council would play in the UN system. Scholarly studies have described this variety of Sri Lankan diplomacy as “norm entrepreneurship”, i.e., influencing the “norms” by which the Council operates, challenging the old and helping shape the new.
This was a critical contribution at a time when the old way had discredited the UN Human Rights Commission as biased, causing it to be closed down by the member states and replaced by the new UN Human Rights Council in 2006. At the time, Sri Lankan diplomacy did not regard the promotion and protection of human rights as contrary to its national interest. Despite propaganda conducted at the time locally by those who contrived to discredited Sri Lanka’s success in 2009, its diplomacy engaged with every country, every human rights organization, every NGO including those representing the views of the LTTE, in open discussions and debate at events held on the sidelines of the Council, while standing confidently for the enlightened national interest, using persuasion to convince and building firm coalitions of states to prevail in a vote. This approach saw most of Asia, Latin America, and Africa vote with Sri Lanka with only the collective vote of the EU (12) voting against. In retrospect, this approach has proven to be rare, and its achievement unique.
The vertical drop in numbers came when the Council and at times the UN system as a whole were regarded by Colombo with hostility, and its diplomacy became a reflection of the prevailing administration’s self-image, at times overconfident and at others seeing itself as a victim of a global conspiracy either of the member states or the Tamil Diaspora. Colombo’s discourse became hostile as it failed to convince the Council of its position, having also failed to make significant progress on the wartime and postwar promises made by its leadership and restated at the Council.
The UN Human Rights Council is not an alien or abstract idea imposed on countries. It is composed of UN member states and as such its membership is open to persuasion by a state’s conduct and discourse. It is true that the hegemonic powers have a distinct advantage in many matters as they largely control the global media and fund many UN initiatives through voluntary contributions. It is however as an equal member of the United Nations that Sri Lanka can contribute to minimizing those advantages enjoyed by a few. One such proven achievement was the initiative of the Global South for the ‘equitable geographic distribution’ of the Council’s membership. Even though regularly used, the “powerful countries” argument made by Sri Lanka to explain its poor performance in Geneva is hardly convincing when it overcame those obstacles in 2009 by creative diplomacy at the worst of times. However, in the absence of respect for human rights by the state itself, diplomacy however skilled, can only play a limited, increasingly marginal role.
[Sanja de Silva Jayatilleka is author of Mission Impossible-Geneva, Vijitha Yapa, Colombo, 2017]
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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