Features
New Revolt in the Temple and new Catholic Action
20A troubles:
by Rajan Philips
No one knows who the mice are and who the men are in the current government. But everyone knows that the best laid plans of both – for the 20th Amendment, are going astray. The amendment may still get passed, but the process which began with a bang is teetering to a whimper. The passage may well be a pathetic and Pyrrhic victory. The Administration will have to show how the restored presidential powers (not that they needed any restoration) are going to dramatically change the government’s scrambling responses to the resurgence of Covid-19 and the economic crises.
Basil Rajapaksa may still return to parliament as a dual citizen of Sri Lanka and the US, but many a face will be made behind MPs’ masks on the government side in parliament, while the opposition MPs will keep their masks and howl Basil greetings at any and every opportunity. Face making behind masks will extend to cabinet meetings. To be fair, the dual citizen will also be at liberty to make return faces at his patriotic detractors from behind his own mask.
All in all, it will be a subdued return by Basil Rajapaksa (BR) to parliament and not the triumphant one that he might have been looking for. Most people in the country will see the return of Basil Rajapaksa to parliament without relinquishing his US citizenship as the only outcome from the 20th Amendment. They will be hard pressed to see any other significant or nationally beneficial outcome. The most significant development so far on the 20th Amendment front is the opposition to it emanating from within the government’s own ranks in parliament and from within its support fortresses outside parliament.
The government has virtually won the Supreme Court battle, even managing to allegedly leak the Court’s ruling to the media before it was presented to parliament. It is still confident of mobilizing a two-thirds majority in parliament. But outside those forums, the government is losing credibility. There are mini revolts in the temple, and a Catholic Action that is different from the 1960s. Severally and together, the two new developments will have interesting implications for the 21st century Rajapaksa yugaya in Sri Lankan politics. It is already into two decades, the common span for dominant family politics. Nascent signs of Rajapaksa fatigue in the body politic are not too inconspicuous.
Daily Disenchantment
There have been daily waves of disenchantment. The first to emerge was at the government parliamentary group meeting on Friday, October 9. After the weekend, on Monday October 12, came the salvo from the Amarapura-Ramanna Samagri Maha Sangha Sabha. The Catholic Bishops’ Conference came out on Tuesday, October 14, calling for the full withdrawal of the 20th Amendment and a new national endeavour towards yet another new constitution. The National Christian Council made its views known on Wednesday, October 15, and on the same day the Women and Media Collective released a detailed statement on the flaws of the 20th Amendment. There may have been others after I finished writing this piece on Thursday.
While all these objections are quite substantial, the statement of the Amarapura-Ramanna Sabha included an excellent summary of the positive accomplishments of the 19th Amendment. The five 19A accomplishments listed by the Sabha are worth more than a few looks: (1) Re-introducing the Constitutional restriction for two terms for a President by Article 31(2), which had been removed under the 18th Amendment; (2) Restricting foreign citizens from becoming Members of Parliament or President by Article 91 (c) XIII; (3) Establishment of a Constitutional Council to oversee appointments to important positions in public service; (4) Establishment of Independent Commissions by Article 41 (b) VI; and (5) Subjecting the appointment of Judges to superior courts by President, to the approval of the Constitutional Council by Article 41 C.
One omission in the list, from the standpoint of separation of powers, is 19A’s check on the President’s power of dissolution over parliament. There is as much innocence as there is ignorance on this matter, at every level and in all branches of the state. The 1972 Constitution gave the President, then only a Head of State, the flexibility to deny a Prime Minister’s request for dissolving parliament within a year after a general election. This provision was included solely based on the experience of the 1960 March and July parliamentary elections, and to avoid a repetition in the future. JR Jayewardene quite mistakenly borrowed the 1972 provision and turned into a presidential power to dissolve parliament any time after one year of a parliamentary election. This power of dissolution is utterly incompatible with the separation of powers which JRJ proudly enshrined in the 1978 Constitution.
The 19th Amendment virtually eliminated the power of dissolution by precluding the President from dissolving parliament for four and half years (after an election) unless requested by a parliamentary resolution passed with two-thirds majority. The 20th Amendment first rescinded the 19A change, and is now offering a compromise under which the President cannot dissolve parliament for two and a half years (instead of four and half) unless requested by a parliamentary resolution passed with a simple majority (not two-thirds majority).
For separation of powers to mean anything the executive should have no power of dissolution over the legislature. That is the system in the US, where there is a ‘non-dissolution’ Congress, that faces elections at prescribed intervals – two years for the House; and a staggered term of six years in the Senate, with elections held every two years for a third of the Senators. Every leap year, the Congress elections coincide with the presidential election which is held every four years.
A practical approach in Sri Lanka would be to hold presidential and parliamentary elections at the same time every five years. The two elected institutions will have to learn to work together between elections regardless of who holds the majority in parliament. If they cannot, one of them will have to go. And it cannot be parliament unless the President’s spoken word becomes law, which would be transmitted orally, and the country is rendered legally illiterate. No pettifogging for fees over written laws, and no fussing over a written constitution.
Pathetic Purposelessness
A common point of contention among all critical government supporters is the 20th Amendment’s removal of the 19A provision barring dual citizens from becoming MPs or Presidents. Vasudeva Nanayakkara momentarily found his long-lost young voice in picking apart the ad hominem Basil clause at the government parliamentary group meeting. The Minister of Health Pavithra Wanniarachchi reportedly contradicted Vasu and spoke out for BR, calling the 19A provision a mala fide insertion targeting the Rajapaksas. She is specially qualified to talk about mala fide constitutional clauses while (nominally) presiding over bona fide staffing maladies in the Ministry of Health and the Medical Research Institute. Per usual, Mahinda Rajapaksa had to step in to partially salvage the matter by offering to remove the dual-citizenship restriction only for MPs but retain it for future presidential candidates.
But that does not seem to be satisfying anybody. The whole absurdity of the original Basil-clause is in the mockery it makes of the supreme sacrifice that Gotabaya Rajapaksa had to make in relinquishing his US citizenship to become president of Sri Lanka. As originally drafted, by the still unknown ghost drafter, the Basil-clause would render any dual citizen to be eligible to be a presidential contender in future. For now, the Basil-clause will primarily serve Basil to become a nationally listed, but unelected, dual citizen MP. Should he decide to have a kick at the presidential can down the road, he may have to figure out a new scheme to score that future goal. He will have no problem finding a creatively pleading lawyer and a creatively receptive bench to make things happen as and when they are needed. There will be little purchase, however, among the people. They are nervous about the virus, anxious over economic uncertainty, and are getting tired of amateurish constitutional games.
It is fair to say that the discrediting of the 19th Amendment is entirely attributable to the joint failure of Maithripala Sirisena and Ranil Wickremesinghe. It should be equally fair to say that with the two men themselves discredited and out of the picture (albeit Sirisena is still loitering in the shadows of the SLPP), and the government rushing to repeal and replace 19A including many of its positive provisions, informed sections of the public are standing up to defend the threatened provisions.
The government’s pathetic purposelessness behind the 20th Amendment was demonstrated fittingly by the principal Rajapaksa sidekick, GL Pieris, at the government parliamentary group meeting where he apparently argued that 20A is necessary because the IGP and the Attorney General cannot be removed from their posts under 19A. No one took the old law professor seriously; nor did anyone take Pieris’s politically aspiring understudy Ali Sabry seriously. According to multiple media reports, Pieris and Sabry co-anchored a power point presentation to the group to explain the nuts and bolts of the Twentieth Amendment. Those who had misgivings were not impressed. And they asked questions.
President Rajapaksa was also not impressed by those who dared to ask questions. That seems to be the main takeaway from the meeting in the many reports about it. The President reportedly went on the attack as the best of form defense, with or without the portfolio, and especially harsh on Gevindu Kumaratunga, the viyathmaga advocate of a brand, new constitution. “I want to deliver,” was a presidential refrain throughout the meeting, according to multiple reports.
Somehow, the President has got it in his head that the 20th Amendment should also be one of his deliverables. He has also got in his head that a whole new constitution is an even larger deliverable that is expected of him. These burdens are quite unnecessary, even unfortunate. Nobody expects Gotabaya Rajapaksa to be a 21st century Colvin R de Silva, or JR Jayewardene.
Hopefully, it is not too late before President Gotabaya Rajapaksa realizes either on his own counsel, or others’ advice, that people will not hold it against him if he does not deliver either on 20A or a whole new constitution. What the people will not forget, or electorally forgive, would be the President’s failure to protect their health from the coronavirus and protect their households from economic destitution. Anything less will not pass muster with the public. The widespread criticisms against the 20th Amendment are not going to bring down the government. But they are strong warnings of future storms.
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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