Features
Proposed Penal Code amendment and threat of promotion of sexual abuse of children – III
by Kalyananda Tiranagama
Executive Director
Lawyers for Human Rights and Development
(Second part of this article appeared in The Island of 12 June 2023)
Sri Lanka failed to get re-elected to the UN Human Rights Council at the elections conducted on May 21, 2008 despite strong efforts made by our government due to this vicious campaign carried on continuously for several months by a group of International NGOs with the backing of these foreign funded Sri Lankan NGOs to prevent Sri Lanka from being re-elected to the Council.
Sri Lanka’s 1st, 2nd, 3rd and 4th Universal Periodical Report Reviews have taken place in May 2008, October 2012, November 2017 and March 2022. On Each occasion these NGOs have carried on their usual hostile campaign against the country.
Real forces behind move to decriminalize homo-sexual conduct
From the above account it is clear that several foreign funded NGOs were carrying on a continuous campaign through the UN HRC in Geneva for decriminalization of homo-sexual conduct by bringing pressure on the SL Govt.
It is no secret that many of these NGOs actively participated in the Galle Face Aragalaya for the ouster of the former President and that resulted in Ranil Wickremesinghe being appointed as the Prime Minister.
On July 13, 2022 President Gotabaya Rajapaksa resigned and PM Ranil Wickremesinghe was elected by the Parliament as the interim President on July 21, 2022.
It appears that the most urgent task that remained to be addressed immediately by the Govt within one month of the election of the President was the protection of the rights of the LGBTQ communities.
A Presidential Media release issued on 24. 08. 2022 states that a Bill to amend the Penal Code with the aim of protecting the rights of the LGBTQ communities in Sri Lanka was handed over to the President on August 24, 2022 by MP Premanath C. Dolawatta. It has been submitted to the Parliament on the previous day by MP Dolawatta as a Private Member’s Bill.
The Presidential Media release further states: ‘‘The society of this country has an extremely backward notion regarding the LGBTQ community and as a result not only in daily life but even in govt and law enforcement agencies, this community has been subjected various forms of violence, oppression and harassment. At times even their democratic basic rights have been violated.
‘‘Punishment of individuals based on sexual orientation and sexual identification was spread throughout the world by colonial legal systems in the Victorian era, but in modern psychiatry this is not considered a crime or a perversion. Also, developed countries have worked to amend the law that penalize this community and limit their rights.
Having taken these factors into consideration, Parliamentarian Premanath C. Dolawatte has submitted this Private Members Bill.’’
It appears that MP Dolawatte has hurriedly submitted this Private Members Bill to Parliament having taken into consideration the Presidential concerns on the need of protecting the rights of the LGBTQ communities in Sri Lanka.
However, though this Bill has been presented to the President on August 24, 2022, it has not been published in the Govt Gazette till March 22, 2023 and the Bill published in the Gazette has been placed in the Order Paper of Parliament only on April 4, 2023.
According to media reports, when Sri Lanka’s 4th Periodic Report was taken up for consideration at the UN HRC at its Universal Periodic Review Working Group meeting held on February 1, 2023, the UK and the USA have urged Sri Lanka to repeal PTA and to decriminalize same-sex conduct.
(D) Thinking of Political Parties in Parliament on the Bill and their support for it
Discussion hosted by the Canadian High Commission
Within 3 weeks of the UN HRC Working Group Meeting in Geneva, a Panel Discussion on LGBTQ rights has been jointly hosted by the Canadian High Commission in Sri Lanka and NextGenSL. Attorney-at-Law Aritha Wickramasinghe, Equality Director of iProbono has moderated this panel discussion.
David Sood, Counsellor, Political and Trade of the Canadian High Commission in Sri Lanka has delivered the opening remarks while Bhoomi Narendran and Kaushalya Sendanayake, a representative from Equal Ground shared observations from the civil society perspective.
Canada is also a member of the group of ten countries headed by the USA and the UK that brought resolutions against Sri Lanka in the UN HRC, Geneva alleging commission of war crimes and demanding accountability.
A detailed account of the views expressed by the participants at this Discussion was published in the Ceylon Today newspaper of February 20, 2023 under the title ‘‘Key Political figures make historic pledge on LGBTQ rights.’’
Representatives of several major political parties – SLPP MP Premanath Dolawatta, Samagi Jana Balavegaya MP Mayantha Dissanayake, Freedom People’s Congress MP Prof. Charitha Herath and CWC leader Minister Jeevan Thondaman have shared their views at the discussion on non-discrimination of LGBTQ Sri Lankans.
There can be no doubt that any of these MPs have not studied or seen the Bill though they have expressed their support to the Bill at this discussion.
When one examines the sequence of events, inevitably a series of questions will arise in the mind of any rationally thinking person as to what may have actually happened.
This Bill was published in the Gazette of March 22, 2023 and this discussion was conducted more than one month before its publication in the Gazette;
Has the MP Dolawatta had the Bill printed in Sinhala, Tamil and English languages and distributed among all 225 MPs in Parliament at his personal cost before it was published in the Gazette?
What was the need for him to take such a personal interest and do it such a hurry?
This Bill does not mention anything about LGBTQ rights. It only provides for the repeal of two sections in the Penal Code. The entire Bill consisting of one clause with 3 sub-paragraphs is as follows:
Clause 2. (i) S. 365 in the principal enactment is hereby repealed and it is amended by substituting the following section:
‘’Whoever voluntarily has carnal intercourse against the order of nature with an animal, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also liable to fine.’’
(ii) S. 365A in the principal enactment is hereby repealed.
(iii) The intent of the legislature in enacting this legislation must be considered as amending the provisions that makes sexual orientation a punishable offence.
It is strange that none of the four MPs who participated in this discussion has uttered a word about the contents of the Bill or the consequences that would inevitably follow if these two Sections – S. 365 and S. 365A – in the Penal Code enacted in 1995 to protect children from sexual abuse are repealed.
However, when one analyses the views expressed by these MPs, one can gather a lot of information on the stand that will be taken by these political parties when this Bill is taken up for debate in Parliament and the thinking of their Parliamentarians. Let us examine the views expressed by these MPs:
This is what MP Dolawatte has said: ‘‘Consider this as an act of an untamed elephant. I have not spoken to the LGBTQ community nor have I spoken to any foreign mission in SL. I only did my part as a lawmaker, to ensure the rights of citizens of my country.’’
What a great man! Without any communication with the LGBTQ community, he has come forward in defence of their rights. He acts totally independently. He has no dealings with any foreign mission, though he has attended this discussion hosted by the Canadian High Commission.
‘‘I know the ultimate fight should be for non-discrimination and decriminalization of the LGBTQ community is only one aspect of it. But we must start somewhere.’’
Certainly! Decriminalization of the LGBTQ community is the first step. They have to move forward step by step. The ultimate fight should be for non-discrimination or legalizing same sex marriages.
‘‘Minister Ali Sabry has assured that the Govt will support the motion. Minister Prasanna Ranatunga also has communicated to me that the ruling party will back the Bill. So, I am hopeful that the motion will secure a majority in Parliament.’’
Great! SLPP Govt is boldly coming forward to achieve what it could not achieve in the first half of its rule. Is this Basil Chinthanaya, Namal Chinthanaya or Ranil Chinthanya? It is more likely to be Ranil Chinthanya.
This is what SJB MP Mayantha Dissanayake has said: ‘‘I am in favour of the Private Member’s Bill presented by Dolawatte. We are a progressive party and we understand the need for change. I briefly spoke to our Party Leader Sajith Premadasa and shared my views on this matter with him. We haven’t made a formal policy statement on this yet, but we are in favour of this because we want to do the right thing by the country.”
How Nice! At last SJB has found one right thing done by the Ranil – SLPP Govt for the good of the country.
Mayantha Dissanayake has come out with the strategy also to overcome resistance to the Bill:
‘’When this Bill is presented to Parliament, there will be stiff resistance from many quarters. That’s something we must expect. But as a Parliamentarian and a person who values human rights, I will champion this cause within my party and within our parliamentary group. There are many countries in the world that have made progressive steps in this regard and we must follow those examples.’’
‘’Addressing the concerns of religious circles will be a critically important task and I am confident that we will be able to convince them by directly engaging with the right information. For instance, this is perfectly in line with the fundamental teachings of Buddhism such as compassion and that should be the basis of our engagement with Buddhist monks. We inherited a country that needed change. We must now deliver,’’ MP Dissanayake said, adding that his traditional upbringing in Kandy would not deter him from supporting this cause.
With a Legislature with this type of bold MPs with a far-sighted vision who are prepared to come forward breaking up all obstacles and traditional barriers, President Wickremesinghe can achieve his goal of converting Sri Lanka into a Western-oriented country with a modern outlook within a very short period of time. He need not wait till 2048.
(To be continued)
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 . )
US sports envoys to Lanka to champion youth development
Rahuman questions sudden cancellation of leave of CEB employees
