Features
Sri Lanka in Geneva
Below is the text of the talk by journalist Marwaan Macan-Markar during a recent webinar on the “Rule of Law, Justice and Democratic Rights in Sri Lanka”, organized by the Sydney-based LAWASIA.
It should be clear to anyone who followed the headlines from Sri Lanka in March that the country has continued its downward spiral on the stage of global affairs. The yardstick that reveals this trend is the number of votes the government was able to muster over a resolution during the human rights sessions in Geneva. Only 11 of the 47 members of the United Nations Human Rights Council were convinced by Sri Lanka’s case and voted for it this year.
This is quite a diplomatic fall from grace, and it raises questions if the country can sink even lower at the HRC. To understand Sri Lanka’s predicament, one has to look back over a decade, to 2009, the year the nearly 30-year ethnic conflict came to a bloody end. That year, against heavy diplomatic odds, Sri Lanka convinced 29 countries to back its case.
But that high watermark, as we now know, was to be short-lived, as resolutions in the subsequent years revealed. In 2012, the international support fell by half, to 15 votes. By 2013 only 13 countries stood by Sri Lanka — suggesting that there was a drift away from other nations backing the Sri Lankan cause. By 2014, as the then President Mahinda Rajapaksa was rounding off his second term, international support at the HRC dropped to 12.
This scorecard of Sri Lanka in Geneva is open to many interpretations. For me, as a journalist, it has been helpful to gauge the trajectory of Sri Lanka’s post-war history and how that is perceived internationally. It has also served as an entry point to understand what the national mood is on the human rights front, and where the political class sits on issues such as justice and reconciliation. This has been reflected with ample fervor in the debates across the Lankan media in the periods surrounding human rights session. At this moment, given ideology of the government of the day, the ultra-nationalist sentiments prevail.
But if you were to step back from the noise, you will be able to detect elements of a political ritual taking shape. One can even break it down to the pre-Geneva season and the post-Geneva season. Colorful expressions have surfaced over time to give the Geneva discussions a unique vocabulary. Some of them have been drawn from local situations and some from the world of literature. One well-known Sri Lankan media personality kept referring to the recent Geneva sessions in months leading to it as “the Ides of March.” There was an obvious sense of foreboding with each of his deliveries.
The sentiments among the ordinary people are, at times, equal to the task. They have enriched the discussion with their colorful takes. That is how I picked up this particular expression about the HRC: “It is like the Sword of Damocles hanging over the Sri Lankan state.”
Some of these thoughts were shared during conversations I had had in Colombo ahead of a story I wrote late last year about Geneva 2021. And the impression I came away with after one such meeting was that the annual human rights sessions have evolved to become a new constant in Sri Lanka’s contemporary political life, and it may easily qualify in second place, after the national elections, as a useful barometer to measure the Lankan political winds.
But let me expand on that point, because the Geneva sessions have another dimension that is as relevant for those of us who follow Sri Lanka’s political twists. They provide guidance to track where the country stands in its commitments to deliver on the rule of law, justice and democratic rights, which is the theme of today’s webinar.
For observers of Lankan affairs, the text that emerged out of Geneva has opened up new story lines to consider. One that should keep journalists busy is the language for an accountability process to achieving post-war justice. The relevant section says that this new international effort will be mobilized to “collect, analyze, and preserve evidence” of gross human rights violations and international crimes committed in Sri Lanka to be used for future prosecutions.
That should make uncomfortable reading for those who were involved in war crimes or human rights atrocities. Some of the names implicated in such abuses are already in the public domain. It is very likely that now, with an evidence-gathering mechanism taking shape, more names will be added. So bit by bit, what had appeared not possible in Sri Lanka, because governments have been unwilling to, or the country’s justice process has been unable to, as human rights experts say, is taking shape in foreign climes.
But the more headline-grabbing accounts are likely to emerge from other passages of the Geneva text. It is the section that encourages countries to consider hearing cases against Sri Lanka’s alleged war criminals in their respective courts. These provisions have pushed Sri Lanka to join the ranks of nations with brutal legacies of political oppression and ethnic conflicts in Latin America, Africa and Asia.
And it may be worth recalling that some of the governments from those countries have had to muster their diplomatic capital to deal with their own citizens, who were accused of war crimes, being targeted by human rights activists and lawyers. The latter wanted the former to be tried in foreign courts under the principle of universal jurisdiction. In light of Sri Lanka’s dismal voting record in March, this is surely going to be another test of the country’s diplomatic reach.
Such a turn in Sri Lanka’s human rights narrative comes down to this for those who committed war crimes: henceforth, they may have to give serious thought to which foreign country they plan to travel to next time. It will not be business as usual anymore. There is a growing list of examples that help to illustrate cases of serial human rights violators who were in foreign countries as a free man — yes, the perpetrators are all men – being arrested for war crimes or grave human rights violations.
The ruthless and manipulative Indonesian dictator Suharto’s name comes to mind among the early examples in this context. He was on such a wanted list for his oppressive record during his autocratic rule of 32 years. The terror he unleashed resulted in massacres of up to 500,000 citizens, yes, half-a-million people, according to conservative estimates. But after he lost power in 1998, and his health weakened, the former strongman of Southeast Asia feared travelling to European countries for medical care. The reason, according to human rights groups, was that he dreaded being arrested in a foreign city. So, yes, he stayed home and avoided becoming an international story.
But the one who did create a media storm, and someone who is worth recalling in light of the theme I have chosen to focus on today, is the imperious and arrogant Augusto Pinochet. For those unfamiliar with the name, he was the former dictator of Chile. He was arrested in London after a British court accepted a case against him by a Spanish jurist. The moment was celebrated by human rights campaigners for the precedent that the British courts had set: ending the concept of sovereign immunity that had given war criminals and tyrants the freedom to travel without fear of arrest. It marked the arrival of universal jurisdiction as another means by which to go after the world’s worst rights violators. And the world got the “Pinochet Precedent” as a result.
In fact, it was only a few years later that I first came across the name of Ricardo Miguel Cavallo. I was working in Mexico at the time and had been assigned to cover human rights. The beat included stories of the men who had been involved in the former oppressive regimes of Latin America. Some of them had fled to Mexico, like Cavallo, and others had got to other “safe” countries.
Cavallo had been a military officer in Argentina before that, when it was ruled by a junta, during the years of its “Dirty War.” He had arrived in Mexico later and had remained under the radar for years as a free man, working in Mexico’s national registry of motor vehicles. But then his cover-up ended. He was arrested in the Caribbean coastal resort of Cancun. The “Pinochet Precedent” had finally caught up to him. Yes, he was indicted under that principle, affirming that the idea of universal jurisdiction was spreading across countries.
The previous speaker just reminded us where the quest for universal justice has progressed since then. The Magnitsky Act that is evolving into a Magnitstky movement now has 31 countries that have signed on and changed their laws, he said. This enables those countries to target the bank accounts and financial dealings – even credit cards – of human rights offenders.
Stories about such offenders make for compelling reading. They will continue to be told because they help to advance the cause of justice and accountability. The likelihood of Sri Lankan names joining that list has increased after the government’s diplomatic debacle in Geneva. And if that was to happen, those of us who are observers and reporters of the country’s political life will have new areas of inquiry to pursue.
Marwaan Macan-Markar is an Asia regional correspondent for Nikkei Asia, a Tokyo-based publication. He covers mainland Southeast Asia and lower South Asia and divides his time between Thailand and Sri Lanka. He was the former features editor of The Sunday Leader, a Sri Lankan weekly that has ceased publication.
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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