Features
The fifficult quest for One Country One Law
by Gnana Moonesinghe
(This was written before the president expanded the task force)
The Presidential Task Force (PTF) to study the effective utilization of the concept of One Country One Law was set up by President Gotabaya Rajapaksa with Ven Gnanasara as chairperson to study the concept of One Country One Law.
He was expected to prepare a draft Act for the said purpose and in addition was given the mandate to study the amendments and their appropriateness (prepared by the Ministry of Justice ) to this subject, and submit proposals to be included in the draft..
Opposition to the Task Force
When Gnanasara’s appointment to the PTF was announced there was opposition to it on the basis of, (1) its timing and (2) his choice as the chair. Since the second issue is what raised vehement protest from several quarters, it will be dealt with first in this comment.
The composition of the PTF
This country has a multi religious, multi ethnic population . Yet in the composition of the Task Force Tamils, Christians and women have not been given representation (this has subsequently been changed). Does this not make the entire composition of theTask Force flawed?
Tamils have been fighting for space for their community with sections of the Sinhalese before independence and since, which finally erupted into a long war spread over nearly three decades.
This war was terminated with the defeat of the Tamils (represented by the LTTE ) in 2009. However ,international uproar over the atrocities committed by the state forces as well as the LTTE were brought to the attention of the public which ended in a demand by the Human Rights Commission for accountability from both sides.
The ill feelings have stretched over the years without conclusion. The need for reconciliation is the first step in bridging the poor relationships. .Despite a few steps, no genuine effort at reconciliation has been seen that satisfies both sides .
However representations has been made at international forums by Sri Lankan authorities that reconciliation is taking a positive turn within the country.
But the situation in the domestic arena appears to be different; no significant progress has been made to the mutual satisfaction of both sides of the conflict. In this context the failure to have omitted to nominate Tamils to the Task Force seems a grave mistake.
To make matters worse the Christian constituency has no representation either. So soon after the Easter Sunday disaster it seems difficult to comprehend how this important constituency could have been overlooked . Many are expecting answers to how and why the bombing occurred and who was responsible. But the authorities seem to have forgotten the importance of wining over this particular constituency.
There is yet another constituency, that of women whom the authorities have overlooked. Women have assumed the role of change agents and have taken a decisive role in decision making. They are a force to reckon with at all times especially where choices have to be made .
And It is a grave mistake to have overlooked the minorities, both racial and religious. It is also inconceivable that without representation for the minority in the task force, they are still expected to agree with the decisions taken by the PTF. The Christians have to reckon with Easter Sunday and no agreement will be possible without answers to their queries. The Tamil minority that remained intransigent at the best of times will consider their non-representation an affront to the entire community.
President Gotabaya’s response
The President in an interview with the press “has questioned the rationale for objecting to his decision to ask for Ven. Gnanasaara’s advice since the monk was continuously speaking for One Country One Law ” (the Island Nov 8) and was seen propagating the Concept for over five years. Therefore he was considered a suitable person to chair the project.
It is doubtful that the monk and the liberal public think alike on this subject. The argument that he campaigned for the concept will not make the appointment fair or acceptable to all the people.
At the moment the constitution that guides this nation sets out the principles of established procedure to show people and institutions the way to function with consistency for the effective management of governance. If observed strictly it will result in uniformity and fairness to all, protecting the dignity of all citizen. Since constitutions are also expected to uphold the relationships between people and institutions, it would be vital to have the making of the new constitution at all stages open and transparent.. Nothing short of open discussion and transparency will be acceptable.
Omission of women from PTF
Not only the Tamils and Christians but women also have been omitted from the membership of the PTF mandated to decide on the nation’s future on the One Country One Law concept. In this present context where the problems surrounding women loom large and should be given every possible consideration, it would be poor judgement to have a Task Force that fails to give representation to this important segment in society.
Since the end of the war in Jaffna alone, a number of women-headed households are without any visible source of income. There are also widows and single women without anyone to take care of them. The non-representation of women in a task force as important as this will be considered an insult to gender considerations.
Objection to appointing Rev. Gnanasara
The opposition to the appointment has been widespread. One of the reasons for this is that he was convicted and imprisoned for contempt of court and been accused of drunken driving. Former President Sirisena who granted him a pardon is believed by some to have been looking for the support of the Sinhala majority in the context of his differences with the then PM.
At the best of times it would seem hilarious but certainly at all times frightening to conceive of a convicted person appointed not only to draft guidelines for inclusion in a new constitution, but also be permitted to engage in assessing the validity of the amendments suggested by the Ministry of Justice when he has no legal training at all.
Rev . Gnanasaara Thero has further drawbacks as cited by liberal and interested individuals. He heads the Bodu Bala Sena, a racially divisive organization formed in 2012. He is also well known for his anti Muslim sentiments. He has led and is known to have given leadership to many anti Muslim violent riots and is held responsible for the destruction of many small businesses, the only livelihood of a large number of Muslims. Many of these livelihoods were destroyed as well as their places of worship, the mosques. He’s reputed to have disrupted the ethnic peace in the country.
Minority concern and timing of the Task Force
One of the Tamil leaders has claimed that the Task Force has been set up to boost the flagging popularity of President Rajapaksa. This may or may not be true but it stands to reason that the need of the hour is to get the country out of the economic, social and political disasters it is facing. The Tamil leader rightfully claims that a divided country cannot face the challenges Sri Lanka is facing today. This is a very relevant consideration.
There remains also a valid consideration in the claim that the onus of maintaining cordial relationships rests with the minorities as well. This is the only way One Country, One Law can be applied to all . There is no doubt a significant number of Sinhalese will be extremist and diminish the chance for amity.
It is also said that the timing of the Task Force could have been better. So many agitations are going on over diverse areas of concern to the people. The coincidence of the occurrence of coronavirus and its ill effects on the lives of people and the slow growth of the economy has also impacted on the livelihood of the people. There has been a spate of uprisings and revolts against the government.
The various ongoing agitations are difficult to ignore .They are based on matters affecting the daily lives of the people — in the agricultural sector, among students, teachers,and above all cost of living .The lack of livelihood partly because of corona and partly because of poor investments to activate the economy is the reality. At this juncture people may be unwilling to respond to issues around One Country, One Law.
The humble desire of many would be that this concept should not create and aggravate negative emotions. Instead it should be responsible for healing and unifying disparate forces.
Rule of Law and its aberrations
Even though the concept of One Country may take time to achieve, the rule of law is already enshrined in the constitution of the nation. The understanding is that everyone is equal before the law and that there can be no discrimination. But by invoking the presidential powers available to them, presidents at different times have flawed the rule of law concept and pardoned offenders serving jail terms for unacceptable reasons.
There is therefore widespread discontent over the quality of the rule of law in practice. It is questionable as to whether presidents should pardon prisoners who have been condemned to a jail term after due judicial consideration . Should they be allowed to exercise such powers.? This need be raised at the time when there is an attempt to impose the One Law concept. . Pardoning those committed to serve a term of imprisonment in prison violates the basic principle of equity in the legal system.
How will Gnanasara uphold the judicial system under the new concept of one law when he himself has been a recipient of biased dispensation of justice breaking the concept of equality of all before the law? Rule of law is an integral part of our constitution where established principles for the dispensation of justice are cited. How can these principles be upheld under such situations where political favourites are treated differently?
The power of truth has to override all other considerations and the need to establish principles of fairness and justice for the progress of society has to be rooted in the system. The amendment to the constitution permitted the possibility of presidential pardon. Unless and until this is removed equality before the law will not be a feasible concept. Rule of law cannot prevail under these circumstances, forget about the One Law concept.
Gnanasara’s explanation
He says in an interview ‘that they are not tasked to draft laws. We are to ascertain whether the public needs had been addressed through the prevailing system by looking at them in a different and practical angle. We are not expected to look at things the way how legal experts do.’ (Island Nov 2) Will an independent study be possible by a PTF headed by a monk, given the baggage he carries?
He also said that none should be discriminated on the basis of his or her race, religion, caste or any other factor. This claim by someone out of jail on a presidential pardon seems a little dodgy. How many convicts can seek such relief?
Gnanasara is reaching out to the youth by stating that they are an affected group and therefore they need a special place in the process. We have to wait and see how the PTF works.
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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