Features
Right to Recall Repeal of Port City Act
by Kumar David
The column today is about two separate matters. First, something futuristic but this country can never in a 100 years take a step forward unless there is a mechanism to remove from office outright scoundrels in public life. The second important topic is that right now this nation and its people must make it clear to future investors, global or domestic in the Port City (PC) that intolerable promises, if enacted, will be repealed. Let there be no crocodile tears as in the case of Argentina that Sri Lanka will be going back on its obligations since no country is bound by unconscionable promises that damage national interest. Let all be warned.
I will keep both sections short. I have learned that then, there is a chance people will read what one writes. The 2,000 and 3,000 word harangues in newspapers and websites are invariably not read to the end. I know from reader’s comments that they have given up in boredom halfway. If Shakespeare thought “brevity is the soul of wit and tediousness the limbs and outward flourishes” who are we to reckon that we can do better?
Right to Recall
I am well aware that implementation of the Right to Recall (R2R) is complicated. R2R is a procedure by which people can recall a person they have elected, for example a MP, for abuse of power or corruption. I also grant that in a proportional representation system where the unit of election is a whole district, unlike in constituency type electorates, it is difficult to identify who can participate in a recall referendum. A way has to be found round these difficulties otherwise a country can never enjoy electoral democracy while at the same time turning out of office rascals, scoundrels and opportunists if elected to parliament or provincial councils.
I quote at length from Wikipedia. “A recall election (also called a recall referendum, recall petition or representative recall) is a procedure by which, in certain polities, voters can remove an elected official from office through a direct vote before that official’s term has ended. Recalls, which are initiated when sufficient voters sign a petition, have a history dating back to the constitution in ancient Athenian democracy and feature in several current constitutions. In indirect or representative democracy, people’s representatives are elected and rule for a specific period of time. However, where the facility to recall exists, if any representative who comes to be perceived as not properly discharging responsibilities can be called back at request of a specific proportion of voters”.
A Constitution Amendment Bill to recall MPs and MLAs was introduced in the Lok Sabha by C. K. Chandrappan (1935-2012), Kerala State Secretary of the Communist Party and Lok Sabha member, in 1974. Atal Bihari Vajpayee (not Prime Minister at the time) supported the bill but it did not pass. Since then, recall has been implemented at Municipal level in Madhya Pradesh, Chhatisgarh, Bihar, Jharkhand and Rajasthan. And R2R legislation has been enacted and is on the statute book in Uttar Pradesh, Uttarakhand, Haryana, Maharashtra and Himachal Pradesh for levels below parliament and state legislatures.
The reason legislation in the US and India has been confined below national and state, apart from the greed and resistance of the representatives themselves is complexity of execution. A president can be removed by impeachment and a prime minister by a vote of no confidence but that’s outside the direct intervention of the electors. What is imperative is a mechanism for voters to rid themselves of people they have elected if later he/she turns out to be a blackguard. An unfortunate necessity in any nation that habitually elects blackguards.
There are variations in R2R legislation formats between the US and India and between different Indian states. These details are of little significance for us now since the first priority is to popularise the concept and win mass acceptance. That should be easy, people will without hesitation endorse the concept but they will want to know more about implementation details. I am only kicking off the idea and asking others, more intelligent and knowledgeable to follow up. What is important at the moment is extensive public discussion. No civil society or political organisation will right now have the gumption to flag it but this will change because it has to. The political entities that may have the courage to invoke some debate are the NPP and the JVP but they too will not touch it till the existing system rots a lot more. For now I am only planting a seed.
Port City and Scoundrel Protection Acts must be repealed
The immediate task is to mount public protest campaigns and demonstrations to prevent passage of the Port City Bill (PCB) and the resolution before Parliament to grant scoundrels associated with the (Raja) Paksas and human rights violators impunity (Scoundrel Protection Resolution, SPR). Civil society, religious dignitaries, non-government political parties, student and women’s movements, citizens of all races and faiths, diaspora groups of all ethnicities and the people must campaign to throw back both. That’s the priority and it may be doable. However since a majority of SLPP, SLFP, and pro-Paksa perfidious Tamil parties and the Muslim turncoats who voted for 20A cannot be expected to suddenly sprout a conscience, there is a possibility that PCB and SPR will be passed. (What on earth is the LSSP doing? Tissa is angry that economic policy has failed to ameliorate the hardships of the poorest; but the Dead-Left has kept mum on PCB and SPR).
What if despite angry protests these two nasty proposals are passed. The Supreme Court is deliberating the constitutionality of PCB (why not SP too?). It may or may not demand that some provisions be put to a referendum, but after 20A no one is celebrating the court’s independence or high moral stature. What options are available if PCB is enacted and SPR endorsed? A declaration must be issued with the determination of Martin Luther nailing the Ninety-five Theses to the door of All Saints’ Church, Wittenberg that the next government reserves the right to reverse anything done under the PC Act. Chinese, foreign and local investors must have the riot act read out. If they act at the invitation of a morally decadent government in the teeth of the opposition of the people they have been warned!
The French Revolution was not bound by Louis XVI’s commitments nor were China and Vietnam beholden to decisions prior to October 1948 and April 1975, respectively. Argentina type ambiguity must be precluded; everybody, foreign or local, must be told clearly that anything done under the provisions of PCA will not be binding on future governments. If enacted sans a two-thirds majority and unless in addition ratified at a referendum it will be deemed unconstitutional. Furthermore, the American Ambassador, at a recent news conference, sounded a warning that the PC may be flagged by global authorities for fear of money laundering.
The weak link in building a united movement against PCB are Sajith Premadasa cum SJB which instead of expressing unconditional disapproval and demanding that the Bill be withdrawn have proposed technical amendments and pleaded with the Paksas to bring the proposed commission under parliament. This discordant note is rooted in the SJB’s class nature. The pro-business wing under the influence of Harsha de Silva, Eran Wickramaratne and I daresay Sajith himself would be satisfied with provisions to ensure that in addition to the Chinese, Western companies too could participate. From JR’s day the neo-liberal investment policies of the UNP sought to open Lanka to global markets unconstrained by domestic class concerns.
To add to this confusion SJB spokesperson Dayan Jayatilleke (official or unofficial?) has become jarring says Krishanta Prasad Cooray in Colombo Telegraph, 23 April. If DJ is serenading to his master Sajith’s dog whistle then it matters; if not don’t bother with the rest of this paragraph. If one can infer that on strategy Sajith rejects an opposition united front against the Double-Paksas, and on policy he desires retention of the Executive Presidency (EP), then both put Sajith on collision course with regime-opponents (though in line with DJ’s backing of the 52-day Mahinda Rajapaksa Prime Ministerial obscenity). SJB internal confusion on both counts is a hitch. There must exist explicit formal pronouncements on its position on EP and Sajith must state explicitly if he now regrets voting in favour 19A. Also let there be a pronouncement on whether the SJB intends to go it alone.
The labour market will be greatly affected – see Ceylon Federation of Labour General Secretary TMR Rasseedin’s statement “Colombo Port City Bill frontal attack on working people” in the Sunday Island of 18 April. But apart from this frontal assault on the working class the provisions of the Bill are so designed to cater to the interests of society’s upper classes and investors with hardly a concern for the welfare of the people at large. Even Tissa Vitarana warns “The luxury lifestyle of the few must be checked (soon) as otherwise those who are hungry may (be forced to) take to the streets”. [Parenthesis added]. While most criticism of PCB has focussed on sovereignty concerns and the undermining of parliamentary oversight it is important to understand its negative class implications. This underscores why the SBJ is pussyfooting. Eran Wickramaratne’s attack on SPR in Parliament was withering. Was it not obvious that PCB and SPR are twins born of the same womb, an executive presidency seeking authoritarian powers? How the SBJ can reconcile opposition to SPR with support for the executive presidential system is incomprehensible.
I have reached nearly 1650 words, but you will forgive me as I have touched on two important topics.
Manifesto of the Hindustan Socialist Republican Association
(The HSRA was suspended by Gandhi in 1922 for being too radical)
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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