Features
Perpetrators as preachers and now as illegal investigators!
By M M Zuhair
Parliament was told recently that the US Federal Bureau of Investigations (FBI) and the Australian Federal Police were working with the Sri Lankan Criminal Investigations Department (CID) in the investigations into the April 2019 Easter Sunday attacks.
Sri Lankan lawyers – deemed officers of Court – do not have access to police investigations, except when police file reports of investigations in Courts. The presence, participation or involvement of foreign police personnel in local investigations are illegal, because under our law, the responsibility and accountability for all local investigations are vested in the OIC of the police station or unit, though there are exceptions not relevant to this discussion.
Investigations by foreign personnel who are not accountable and not subject to the jurisdiction of Sri Lankan Courts will taint the credibility of the CID investigations and affect the due process of rendering justice.
The draft Counter Terrorism Act, which was to replace the controversial Prevention of Terrorism (Temporary Provisions) Act of 1979, ran into strong opposition, because inter alia the draft had a vague provision legalising foreign involvement and interventions in local criminal investigations. That provision in the draft law is obviously obnoxious. Foreign interests invariably conflict with local interests. These interests certainly do not coincide due to geo-political factors.
Foreign participation in Sri Lankan criminal investigations is entirely different to obtaining INTERPOL assistance to track suspects or receiving foreign intelligence, which are subject to local evaluations, credibly assessments and cross investigations. Evidentiary value in Courts of Law of such tainted investigations will adversely affect the credibility of the prosecution version. It will certainly be exploited by the defence.
The Island
of 7th June 2021 editorially referred to some of these countries and the damning role of some of these ‘Perpetrators as preachers’ of human rights violations. Now, the police from one of those prolific perpetrator countries are here as investigators, in a mission violative of Chapter XI of the Code of Criminal Procedure Act! ‘Perpetrators as preachers’ are here, now as illegal investigators!
We have heard claims that Sri Lanka is the only country in the world to defeat terrorism. Substantially true! It does not mean, however, that powerful countries do not know how to end wars on terror! It is in their national interest, as producers of arms and ammunition to continue the wars for as long as possible. Vietnam (18 years) and Afghanistan (20 years) are typical examples of the rich enriching themselves while the poor were blood wrenched and pauperised, the rich not forgetting thereafter to donate a little blood and their lending agencies not hesitating to help with loans, of course under wide publicity so that the atrocities are soon forgotten by the oppressed. The point is that the true interests of arms producing countries are diametrically opposed to those of developing nations, struggling to stand on their own feet.
The Americans and Australians may have been asked to manage and direct the CID because the Sri Lankans have no credible answers to the question of who happens to be the ‘maha mola karuwa’ of the Easter Sunday attacks! We really do not know.
The FBI may not investigate the globally publicised assertion of respected Archbishop Malcolm Cardinal Ranjith in his speech on 21st July 2019 on the somber occasion of the re-consecration of the Katuwapitiya St Sebastian Church that, “Easter Sunday mayhem was an international conspiracy and not merely the work of Islamic extremists”. The Archbishop also referred to a report that ISIS leader AL Baghdadi was in a military camp run by the “most powerful nation in the world” and that “We are worried that ISIS leaders are being used by this powerful nation to fulfill their vested interests”. What these ‘vested interests’ are, soon we will know. The FBI will not have any doubts at whom the finger is pointed at but will never find the Easter attacks’ maha mola karuwas in the US or its virtual 51st State, Israel!
Sri Lanka Muslim Congress (SLMC) leader Rauf Hakeem told Parliament the other day that the Israeli connection needs to be probed. Michael Bar-Zohar who had served in the Mossad, spent nine years besides Israel’s founder David Ben-Gurion and fought in four Israeli-Arab wars, in his book, ‘Mossad: the greatest missions of the Israeli Secret Service’ co-authored with Nissim Mishal, (21st Jaico Impression 2019), leaves no room for readers not to believe that there is any major strategic security event occurring anywhere in the world without Mossad’s involvement!
Australia, the Indo-Pacific Quad partner of the United States on the other hand, may find it uncomfortable to investigate possible radicalisation of suicide bomber Zahran Hashim from the New Zealand Christchurch mass shooting on 15th March 2019, a month and days before 21/4, killing 52 Muslims at Friday prayers in two mosques. It is well known that the Christchurch perpetrator happened to be a 28-year-old Australian! This mass shooting was debated in Sri Lanka’s Parliament as one of the immediate causes that may have advanced and triggered the Easter Sunday attacks.
It is also very unlikely that the FBI will evaluate the report of Sri Lanka’s Parliamentary Select Committee or the more recent report of the Presidential Commission of Inquiry on the Easter Sunday attacks both of which referred to the emergence of majoritarian extremism (both reports had chapters unacceptably titled ‘Buddhist extremism’) as also having “provided a fertile ground for people like Zahran to prosper”, PCOI report page 362. It will, however, be worthwhile to look at the Norwegian role, following the defeat of the LTTE in May 2009, in brainwashing selected groups of majoritarian innocent persons against the Muslims, the only Tamil speaking minority whom the LTTE perceived as obstructionists to Tamil Eelam.
Investigators may also look at the follow-up actions taken on the advance warnings given to the authorities by the Muslim community as early as, late 2014 of the radical inclinations of Zahran Hashim, long before the alleged RAW reports of 4th April 2019 and thereafter. Muslims also complained to the then IGP and also the then Attorney-General through the Bar Association of Sri Lanka (BASL) to take action on matters that were contributing to the perceived radicalisation.
One of those who complained to the then IGP is well known Muslim civil activist Azath Sally, who is under arrest and completing three months detention on 16th June 2021, under the controversial Prevention of Terrorism (Temporary Provisions) Act of 1979, though it is equally well known that he had nothing to do with the Easter Sunday attacks or damaging the Mawanella Buddha statues!
There are other aspects to the US FBI and its Quad partner, Australia, illegally investigating crimes in Sri Lanka. One is the United Nations -Human Rights Council (UN HRC) resolution of March 2021, which has authorised the UN High Commissioner for Human Rights (UN HCHR) to set up special mechanism to monitor not only the alleged war crimes during the last phase of the separatist war but also about ongoing violations of human rights, including the forced cremations.
Dr Tush Wickramanayake, a National Health Service medical practitioner in the UK and daughter of Ratnasiri Wickramanayake, former Prime Minister of Sri Lanka who was also one time elected President (1955) of the ‘Ceylon Students’ Association of UK’ in an interview with the Daily Mirror, 9th June 2021 has said:
“The monumental mistake was appointing a geologist to the COVID Task Force who promulgated mythological facts about the virus entering underground water system. This was utilised as a tool to encourage ethic conflict by disallowing burials in Sri Lanka contrary to WHO guidance. In fact, all 12 Fundamental Rights petitions against forced cremations were disallowed on the basis of the fabricated evidence of the Geologist …. Such heart-breaking human rights violations resulted in UNHRC resolution taking a firm stance on Sri Lanka”. The burial issue remains to be fully resolved. The dismissal of the cremations petitions may also come under UN HCHR’s focus.
The other is Resolution 413 of 18th May 2021 pending in the US House of Representatives commented upon in many articles published in The Island . The proposed resolution asks the United States to explore “investigations and prosecutions pursuant to the recommendations of the United Nations High Commissioner for Human Rights” and urges the US to work with the UN General Assembly, the UN Security Council and the UN HRC to establish international mechanism for accountability for grave crimes committed during the war in Sri Lanka.
It looks as if Sri Lanka had already facilitated the setting up of an FBI base here to handle the coming issues of the UN HCHR even before Resolution 413 was adopted by the US House of Representatives! Probably, the CIA with a history of toppling foreign governments not in line with the US, may also path-find its way with great ease, if they are not here already.
The processes set against Sri Lanka in the UN HRC originally by the US and now by the UK are serious enough for any responsible government to understand. Lord Michael Naseby in his speech in the British House of Lords as recently as 19th May 2021, refuted allegations of genocide and figures of 40,000 deaths in Sri Lanka but put the maximum deaths at between 6,000 and 7,000. More importantly he also said, “If the UK chooses to dictate, then let me be clear: there is a clear risk to our Indo-Pacific strategy on Sri Lanka.”
The Indo-Pacific strategy as I see it, is the four US and Quad countries backed by the UK and NATO countries, preparing South Asia as the battleground for the next chapter in the unceasing wars already strategised by Western arms industries. The strategic conflicts unfortunately may commence soon enough, likely within the next few years and possibly last for the next three to four decades to ensure their factories unceasingly produce arms that kill.
They need only a pretext and they are creating it! Past pretexts include communism, Islam and now China! Let us not forget that not a decade had passed during the last 500 years without the Western countries fighting wars originally amongst themselves and now with others in the third world, one country or a few at a time. We cannot afford to ignore that the agendas of arms producing countries are clearly and eternally opposed to countries like ours yearning for peace. The composition of the foreign investigators and their extra-territorial operations need to be watched.
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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