Features
UNHRC February-March sessions and price SL pays for 1979 PTA!
Geneva alleges harassment of civil society by CID, TID and State Intelligence
By Former MP, M.M Zuhair PC
On the 24th of this month, the UN High Commissioner for Human Rights (UNHCHR) Michelle Bachelet is due to present to the UNHRC an updated report on the extent of grave human rights violations in Sri Lanka. The UNHCHR was strengthened last year with the setting up in Geneva of a special mechanism dedicated to monitoring such violations committed exclusively in Sri Lanka. The special mechanism was named ‘Sri Lanka Accountability Project’.
A preliminary report released on 26 Jan2022 by the Office of the High Commissioner states, “Given the demonstrated inability and unwillingness of government to advance accountability at the national level, it is time for international action to ensure justice for international crimes.” Contextually Bachelet is due to urge the member States of the UN once again, more emphatically this time, “to pursue investigations and prosecutions in their national courts – under accepted principles of extra territorial or universal jurisdiction – of international crimes committed by all parties in Sri Lanka.”
Clearly Sri Lanka is floundering not only on the essential food and fuel fronts within the country but also in the international front where Geneva’s benchmark recognition of Sri Lanka’s ‘demonstrated inability and unwillingness’ to advance accountability would possibly become the punch point at the February-March regular sessions of the Geneva headquartered UNHRC.
The possible punishments that may follow the Sri Lanka government’s alleged ‘inability and unwillingness’ might include UN member States considering “targeted sanctions, such as asset freezes and travel bans against credibly alleged perpetrators of grave human rights violations and abuses”. Perpetrators could include a wide range of State officials, members of the Cabinet who failed to prevent human right violations, prosecutors and judges who failed to uphold human rights obligations.
Going by past United States practices in this regard, targeted sanctions could extend to members of the family of the alleged perpetrators as well. Denial of visas may prevent perpetrators of grave violations of human rights in Sri Lanka and members of the families from travelling to sanctioning countries for medical, educational or other purposes.
“Amongst the worrying trends over the past year,” as identified in the forthcoming report of the UN Office of the High Commissioner for Human Rights (UNOHCHR), include “increasing militarisation of government functions, ethno-nationalistic rhetoric and intimidation of civil society”. The early warning signals, the report highlights, include “reversal of important constitutional safeguards, political obstruction of accountability, exclusionary rhetoric, intimidation of civil society and the use of anti-terrorism laws”.
None of these accusations appear to have been effectively answered by Sri Lanka, though the UN Human Rights Commissioner’s office had, in preparing this report, sent to the Sri Lanka government detailed questions and the government had furnished written answers. This had been followed by a virtual meeting with government representatives on 7 January, 2022. It is to be noted that the government’s written answers and responses at the 7 January meeting and observations on the draft report of the Office of HCHR have not been released to the public here, possibly because the government has no convincing answers to the UNHCHR.
Sri Lanka’s Foreign Minister told the 48th Session of the UNHRC on 14 September, 2021 that the Prevention of Terrorism (Temporary Provisions) Act (PTA) will be revisited to “bring it in line with international norms and best practices”. There was thus an unequivocal recognition by Sri Lanka at the relevant international forum, the UNHRC, that the PTA was not in line with ‘international norms and best practices’.
Indeed it was well known that the PTA as a whole was inconsistent with international laws and treaty obligations. It is violative of Sri Lanka’s fundamental rights provisions in the Constitution. PTA is basically persecutory, overriding time tested provisions in the Evidence Ordinance, the Penal code and the Criminal Procedure Code operative for nearly 150 years in several of the former British ruled Asian countries.
Forms of terrorism, including State terrorism existed by many names throughout mankind’s known history! Even legitimate resistances to State terrorism were often labelled terrorism. The PTA was enacted in 1979 in preference to dialogue. It played, soon after its enactment, a singularly major role in suppressing dissenting human voice, violating the freedom of expression. It had its own price! Tragically it multiplied terrorism instead of eradicating it! The country was saddled with 30 years of blood stained war. The war cost the country’s economy beyond its sustainable capacity. Our meagre resources ended up in the capitals of countries that exported wars. Today the people are struggling in queues for their daily essentials with no foreign earnings to pay for them.
But have we ended the discriminatory practices? The UN report states that more than 40 civil society organisations have reported harassment at the hands of a range of security services, including the CID, TID and State Intelligence officials and has urged an immediate end to all forms of surveillance. It warns that Tamil and Muslim minorities are being increasingly marginalised. “Divisive and discriminatory rhetoric from the highest State officials risks generating further polarisation and violence. Sri Lanka’s Muslim community was made a scapegoat, both in the context of COVID-19 and in the wake of the Easter attacks of April 2019”. Can these be denied? Arbitrary detention, torture and sexual violence affecting Sri Lankans of all communities have also been adverted to in the report to be presented to UNHRC.
What are we doing now? Sri Lanka is bringing Israel to help the country in defence and counter terror activities. So, the object is to continue targeting the minority Muslims with the help of a country that had for 75 long years ‘successfully’ deprived the Palestinians of their own country. Israel no doubt has expertise, not in eliminating terrorism but in sustaining terrorism, to keep over hundreds of arms manufacturing factories in Israel and the US working.
The very announcement (Sunday Times 06/02/2022) will drive away foreign investment vital for our survival, because the message to the world is that this country has not ended terrorism. Israel might also invite US-controlled ISIS here to justify and sustain its counter terror activities. Sri Lanka is one of the exceptionally few countries in the world that defeated terrorism! Israel is one of the countries that benefited from the 30 year war in Sri Lanka by selling, not gifting, weapons to us. Israel prospered. We ended up in queues for our daily needs! We can continue the folly, similar to the organic fertiliser episode that has ruined the country’s agriculture!
It is important however to note that many believe that some of the human rights violations here are perceived to be orchestrated by foreign elements said to be working for the agents of the Western arms industry. Some of the anti-minority and Islamophobic rhetoric have reportedly originated through non-State foreign actors as well as some from neighbouring countries. Sri Lankan Muslims also believe that the Easter attacks are being exploited by anti-religious foreign elements for various reasons including the Sri Lankan Muslims’ non-support for LTTE’s three decade war to set up a separate State in North-East Sri Lanka.
It is in this background that we need to look at the Foreign Ministry’s floppy attempt to flirt with the PTA instead of repealing it or in the alternative bringing it in line at least with the fundamental rights provisions in the Constitution. It is a pity that international organisations have to compel the Sri Lanka government to update the repressive laws used against Sri Lanka’s own citizens across the board.
The problem is also in the demonstrable unwillingness to apply the draconian PTA to majoritarian violators of the law in Aluthgama, Digana and Minuwangoda, but only to Muslims implicated in the Mawanella Buddha statue incident! The Easter attacks were continuously kept alive by politicians and sections of the media, way beyond any reasonable need, as if to take revenge on the Muslim minority for staying on the side of the majoritarian State during the 30 year war.
The “demonstrated inability and unwillingness” of the government to give dignity to a genuinely patriotic segment of its own citizenry, at one point of time under the previous administration, with arrests exceeding 2000 in number, under the pretence of eliminating terrorism – though the entirety of the real terrorists of 21/04 perished on day one – will haunt the country for years to come. That in short is the plight of the true patriots of mother Sri Lanka!
The role of elements across the Palk Strait were ignored and left untouched, because they were too powerful to be called for justice and accountability. Those criminally faulted for inciting hatred, by a Parliamentary Select Committee and by a Presidential Commission were left unpunished while some amongst them got elevated to positions unworthy of their past record!
Nonetheless, the community will never forget the forbearing leadership given under extremely trying circumstances by the Church full of 21/4 victims and by many notable Buddhist priests. It’s time to bury the PTA instead of the country!
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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