Centre for Policy Alternatives expresses concerns over Sri Lanka’s Anti-Terrorism Bill

The Centre for Policy Alternatives (CPA) has issued a statement expressing concern over the Sri Lankan government’s Anti-Terrorism Bill, meant to replace the controversial Prevention of Terrorism Act (PTA).

Here is the full text of the statement:

The CPA observes that the Sri Lankan Government published an ‘Anti-Terrorism Bill’ in the Gazette, on the 22nd of March 2023. This Bill seeks to abolish the Prevention of Terrorism Act (PTA) and introduce an Anti-Terrorism Act.

Such legal reforms must be studied in the context of the abuse of the PTA and Emergency Powers carried out by consecutive Presidential regimes, with the present draft providing broad powers to the executive with limited checks and balances.

CPA notes that the present Bill requires serious attention, especially when authorities have used security laws to target minorities, critics and protesters, entrenching a culture of torture and impunity in Sri Lanka.

CPA reiterates that law reform alone cannot achieve far-reaching change in the absence of a genuine political will to change the culture of dehumanising treatment of persons under the guise of counter-terror.

In this initial comment on the proposed Anti-Terrorism Bill, CPA observes that the Bill bears significant similarity to the Counter-Terrorism Bill (the 2018 CTA) that was Gazetted in 2018, but subsequently never passed by Parliament.

However, the new Bill contains several offences that were not a part of the 2018 CTA, some of which raise serious concern for the freedom of expression, potentially giving the State an additional tool to crack down on dissent and criticism.

One improvement in the Bill is that confessions made by suspects in detention to a Police officer are no longer admissible in evidence – a general principle in the ordinary law, for which an exception was made in the PTA. The admissibility of confessions made in custody created a culture of ‘forced confessions’ leading to systemic injustices.

A major concern that remains, however, is with Detention Orders. The Bill places the power to make Detention Orders in the hands of a Deputy Inspector General of Police (DIG), a power which under the PTA is held by the Minister of Defense.

However, while the 2018 CTA allowed for the initial Detention Order by a DIG to extend up to 2 weeks, the Bill is more similar to the regime under the PTA, allowing the Detention Order to be made for up to 3 months. This is a major concern, which could lead to the suppression of the liberties of persons accused under this Bill, even if there is no substance to such allegations.

Detention Orders can thereafter be extended beyond the initial 3 months, up to a year, but the extension must be approved by a Magistrate.

Under the Bill, the President is also given the power to make ‘Proscription Orders’ against organisations. These orders are to be issued against organisations accused of an offence amounting to terrorism, but also when the President ‘has reasonable grounds’ to believe an organisation is acting in a manner ‘prejudicial to the national security of Sri Lanka, or any other country’.

This wide power may be used to target legitimate dissent in the country, which, based on recent patterns of crackdown must be considered a very likely possibility.

Similar to the PTA, the President has wide powers to make regulations under the Bill. CPA has over the years raised concerns with and litigated regulations made under the PTA which have the potential to be used as a tool of suppression and abuse. This regulation-making power must be curtailed in order to protect the liberties of the citizenry.

Especially concerning is the power granted to the President by the Bill to issue regulations to implement rehabilitation programmes for persons for whom the Attorney-General has recommended a deferment/suspension of criminal action, given the history of abuses and fundamental rights’ violations committed during such rehabilitation processes.

In 2021, CPA filed a Fundamental Rights Application challenging a similar set of regulations under the PTA, and the Supreme Court stayed the operation of the regulations.

CPA also notes that the definition of the ‘offence of terrorism’ in the Bill is overly-broad and contains vague undefined elements, such as acts ‘violating territorial integrity or infringement of sovereignty of Sri Lanka or any other sovereign country’. The use of such terms is concerning given Sri Lanka’s contentious history of repression and abuse of anti-terror laws.

Moreover, this definition of the offence of terrorism, lacks precision, and adherence to the principles of necessity, proportionality, and legality.

CPA is concerned with the secrecy surrounding and the timing of the publishing of the Bill that is deeply problematic and is indicative of the lack of interest to genuinely engage with the public on a critical issue.

The preliminary issues raised here are in the hope of constructively engaging with authorities and lawmakers, and to create a dialogue on whether such a law is even needed in Sri Lanka. This will be followed by a more detailed commentary on the clauses of the Bill in due course.

The present proposal must be viewed in light of Sri Lanka’s legacy of abuse, and the systems in place that have facilitated such abuse. At a time when Sri Lanka is pursuing a path of recovery and rebuilding, it is critical to ensure that genuine measures are taken to address recurring practices of abuse and impunity and uphold the rule of law and democracy in Sri Lanka.

Lawmakers must understand that given the history of abuse there is a long way to go in building public trust, and the onus is on the State to recover that trust by putting all the necessary checks and balances in place.

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President meets USAID Administrator Samantha Power

President Ranil Wickremesinghe met USAID Administrator, Samantha Power, on the side-lines of the UNGA in New York.

During the discussions the President expressed his appreciation for the support extended by USAID to Sri Lanka during the financial crisis.

The President presented a short briefing on the progress with the IMF program, while highlighting the Government’s commitment to its successful conclusion.

The efforts made by the Sri Lankan Government in improving the efficiency and effectiveness of the welfare programs through the introduction of the Aswesuma initiative were illustrated during the meeting.

Samantha Power stated that USAID would continue to support Sri Lanka’s recovery efforts, while also making available necessary expertise.

Regarding the developments following the enactment of the anti-corruption legislation, President Ranil Wickremesinghe noted that the Anti-Corruption Commission is currently grappling with the task of recruiting staff with formal training.

Given this circumstance, it is anticipated that it will require an additional year to realize the anticipated outcomes of the anti-corruption law adoption, making the timeline for achievement approximately two years.

The President stated that the entire government machinery of his government has been fully adapted to the implementation of the anti-corruption policy, and requested for the necessary support to be provided for the completion of these activities as soon as possible.

Source: PMD

Sri Lanka’s top sleuth drops cluster bomb over Easter probe

The head of Sri Lanka’s premier criminal investigative unit at the time of the Easter Sunday attacks has publicly revealed the suspicious behaviour of intelligence services before, during and after the worst single terror attack in the country.

Senior DIG CID Ravi Seneviratne who retired in December 2019 had given evidence before three commissions of inquiry into the April 21, 2019 attacks, but his interview with TNL TV, on Monday night is the first time he went public.

Speaking to the network owned by President Ranil Wickremesinghe’s elder brother Shan, the now retired officer made it clear that there were several crucial unanswered questions on the role of intelligence operatives and agencies.

The Easter Sunday attacks killed at least 279 people and wounded another 500. The suicide bombers targeted three churches and three deluxe hotels. At least 45 foreigners were among those killed.

Seneviratne said there were attempts to distract the investigations into two other incidents prior to the Easter Sunday bombings but linked to lead bomber Zahran Hashim. These related to the role of the State Intelligence Service (SIS) and the Directorate of Military Intelligence (DMI).

Seneviratne was appointed head of the CID by President Mahinda Rajapaksa in 2012 and he was retained in the post by President Maithripala Sirisena. He remained in the post till his retirement in December 2019.

The following are the five key take aways from Ravi Seneviratne’s two-hour candid interview.

1) There was another individual who controlled Zahran Hashim, the lead suicide bomber in the Easter Sunday attacks. This person is highly intelligent, had the capability to organise the first ever coordinated terror attack in Sri Lanka, something even the LTTE failed to do.
Seneviratne noted that Zahran, an individual without a proper education, may not have had the wherewithal to carry out such a coordinated attack.

“There was someone above him. Some one who is very intelligent, with training and experience. With the ability to coordinate so many people to carry out such an attack.”

2) State and military intelligence units had known and even worked closely with Easter Sunday bombers/Zahran Hashim and his associates before, during and after the attacks.

3) Both military intelligence and the State Intelligence Service actively worked to divert attention to ex-LTTE cadres over the murder of two policemen at Vavunathivu. They had even planted “evidence” in a bid to prove it. CID was highly suspicious.

4) SIS inspector Bandara was the person who instigated Zahran’s group to get establish links and claim the Easter Sunday bombings as the work of the ISIS. Investigations into this matter was halted. There was no evidence to suggest that there was an external ISIS support to Zahran and company.

5) Current SIS chief Suresh Sallay had a difficult relationship with the CID. In fact, the CID had to report him to court to get required information. Channel 4 allegations against Suresh Sallay also must be investigated.

Access the full interview here: https://www.youtube.com/watch?app=desktop&v=RXa6F1qnR_0

Ex-SIS Chief Nilantha Jayawardena’s Briefing on Easter Attacks Disrupted by Opposition Protests

A planned briefing by former State Intelligence Service (SIS) Chief Senior DIG Nilantha Jayawardena for Members of Parliament regarding the Easter Sunday terror attacks was canceled due to protests by Opposition members at the parliamentary complex.

Chief Opposition Whip and Kandy District SJB MP, Lakshman Kiriella, vehemently opposed the government’s decision to have police officers, who were responsible for not taking preventive action during the Easter Sunday terror attacks, provide instructions to MPs about the ongoing investigations into the incidents.

The Chief Opposition Whip voiced his strong objection when the Speaker announced a meeting scheduled at 2.30 pm in Committee Room I of Parliament, where officials from the Ministry of Public Security, along with senior police investigators, were set to brief MPs on the progress of the investigations into the Easter Sunday attacks.

Kiriella questioned how MPs could attend a meeting led by individuals who had failed to prevent the tragic events of Easter Sunday. He stated, “The Presidential Commission of Inquiry has recommended criminal proceedings against former SIS Chief Senior DIG Nilantha Jayawardena over the Easter Sunday terror attacks. Now, he is coming here to brief us about the investigations into the same matter. What is the logic behind this?”

In response, Speaker Mahinda Yapa Abeywardena clarified that he was merely conveying an announcement.

Chief Government Whip Minister Prasanna Ranatunga chimed in, saying that the notice did not mention the police coming to provide instructions. He encouraged MPs to attend the meeting to discover the truth instead of making misleading statements without full knowledge.

Kiriella contended that the meeting was not aimed at revealing the truth but rather concealing it.

The meeting ultimately took place as scheduled, with Senior DIG Jayawardena replaced by head of the Counter Terrorism Investigation Division SSP Prasanna Alwis and some CID officials conducting the sessions, according to sources within Parliament.

Sri Lankan president calls Aukus ‘a mistake’ and rejects fears over China

Sri Lankan President Ranil Wickremesinghe on Monday declared the Aukus security pact between Australia, Britain and the US “a mistake” while rejecting any concerns over Beijing’s perceived influence on his debt-ridden island nation.

“It is a military alliance moved against one country – China,” he said at an event hosted by the Carnegie Endowment for International Peace in New York on the sidelines of the United Nations General Assembly.

“I think it’s a strategic misstep. I think they made a mistake,” Wickremesinghe added, describing the alliance as unnecessary. “I don’t think it was needed.”

Created in September 2021, Aukus is described by the governments of its member states as a security partnership involving information and technology sharing on nuclear-powered submarines, artificial intelligence, quantum technologies and additional undersea capabilities.

Wickremesinghe laughed off the term “Indo-Pacific”, calling the recently-coined geostrategic zone an “artificial framework”.

“Nobody knows what’s Indo-Pacific,” he said. “For some people, the Indo-Pacific ends on the western boundary of India, others take it into Africa, and some end up with Western Pacific, others go to South Pacific.”

The Sri Lankan leader said the Sino-US rivalry originated in the Western Pacific but had now spread to both the Indian Ocean and the South Pacific.

“Why we are getting pulled into it? It’s difficult for us to understand,” he said, stressing that he had seen many geopolitical blocs shifting in his decades-long political career.

“The next round of rivalry is going on. And that’s taking place in Asia. It’s the question of China versus the US, on how they are going to divide their region of influence in Asia,” Wickremesinghe said.

On an expected expansion of Nato into Asia, he said “as far as the Indian Ocean is concerned, we don’t want any military activity” and that most countries in the region “will not want Nato anywhere close by”.

Sri Lanka’s Hambatota port has long been cited in discussion around China’s lending practices along with accusations of “debt-trap diplomacy” but in his address on Monday, Wickremesinghe accused the West of having a scant understanding of how the Indian Ocean region operates.

He rejected reports that Colombo was letting Beijing operate a military base in Sri Lanka. He said the Hambantota was a commercial port run by Chinese state-owned China Merchants Group, and that the security of the port lay with the Sri Lanka Navy.

He also countered recent claims made by New Delhi that Beijing was sending ships to Sri Lanka to spy on India.

“There are no spy ships in Sri Lanka. I don’t know if anyone can establish a spy ship,” Wickremesinghe said, describing them as “research vessels” that had been visiting for the past 10 years under an agreement between the Chinese Academy of Sciences and Sri Lanka’s national aquatic research agency.
(South China Morning Post)

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Chinese spy vessel enters Malacca Strait en route to Colombo

The Chinese spy ship ‘Shi Yan 6’ has entered the Malacca strait, bound for Colombo, amid confusion over whether Sri Lanka has granted access for the spy vessel to dock at Colombo.

According to reports last month, the Sri Lankan Defence Ministry has granted Shi Yan 6 access to dock at Colombo port. However, the Sri Lankan Foreign Ministry spokesperson stated that the request is still under consideration, and approval has not been granted.

“The ministry has not granted permission to the Shi Yan 6 as of last evening,” reiterated Sri Lankan Foreign Ministry Spokesperson Priyanga Wickramasinghe.

Wickramasinghe further added that the dates and territories for the survey are yet to be finalised.

This development comes after Indian Defence Minister Rajnath Singh decided to skip his visit to Sri Lanka, which was scheduled for last month, following reports of the vessel’s approval to dock in Colombo.

The spy ship is scheduled to conduct research activities in collaboration with Sri Lanka’s National Aquatic Resources Research and Development Agency.

According to reports, the Shi Yan 6 is on an 80-day exploration mission, during which it will conduct joint surveys of the waters surrounding the islands, in cooperation with the Sri Lankan Navy.

Just a month ago, another Chinese People’s Liberation Army navy warship, Hai Yang 24 Hao, docked at Colombo for a two-day visit.

It is worth noting that India expressed its concern last year when another Chinese spy vessel, Yuan Wang 5, made a port call in Hambantota, Sri Lanka.

Sri Lanka, facing financial challenges, regards both India and China as pivotal partners in its efforts to restructure external debt. China is one of the primary lenders to Sri Lanka, with the country owing $7.1 billion to bilateral creditors, with a significant portion, $3 billion, attributed to China.

Negotiations for restructuring Sri Lanka’s external and domestic debt must be concluded by the end of September, conforming with the International Monetary Fund’s review of the $2.9 billion bailout granted in March of this year.

In 2022, the island nation faced an unprecedented financial crisis, the most severe since gaining independence from Britain in 1948, primarily stemming from a critical shortage of foreign exchange reserves.

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Sri Lanka seeks technical assistance from U.S to fight corruption

Sri Lanka has sought technical assistance and training from the U.S in the fight against corruption.

The United States and Sri Lanka marked the fourteenth Trade and Investment Framework Agreement (TIFA) Council Meeting in Colombo today (18), solidifying their commitment to enhancing trade and investment relations.

The technical level meeting, co-chaired by K.J. Weerasinghe of the Government of Sri Lanka and Brendan Lynch, Acting Assistant United States Trade Representative for South and Central Asia, witnessed productive discussions on a wide range of crucial issues.

Julie Chung, U.S. Ambassador to Sri Lanka and Chandanie Wijayawardhana, Acting Secretary to the President, set the tone with their opening remarks, acknowledging the 75th anniversary of bilateral relations between the two nations.

During the TIFA Council meeting, both delegations addressed policies impacting the investment climate, recent labour reforms, intellectual property protection and enforcement, customs and trade facilitation, technical barriers to trade and market access for apparel, gem and jewellery and agricultural products.

The discussions also extended to collaboration and technical assistance in areas such as the digital economy, gem and jewellery industry, floriculture, boat building sectors and the Coconut Research Institute’s technology transfer and research commercialization.

Transparency and efficiency in approving foreign direct investment (FDI) were emphasized as key drivers of domestic economic growth and foreign investment attraction.

The United States underscored the importance of adopting robust anti-corruption measures and Sri Lanka provided updates on its proposed anticorruption legislation, seeking technical assistance and training from the U.S. Government.

The Biden-Harris Administration’s commitment to workers’ rights was highlighted and Sri Lanka outlined its ongoing labour law reform efforts. The United States stressed the importance of consulting relevant stakeholders and ensuring public review and comment in the process. Sri Lanka detailed its procedures for labour law reforms, with the United States expressing readiness to support these efforts.

Both nations discussed the reduction of agricultural trade barriers to enhance food security in Sri Lanka. The United States advocated for greater market access for U.S. exports of agricultural products, including animal feed. Biotechnology’s role in sustainable agriculture and food security was also explored.

Intellectual property (IP) protection and enforcement were affirmed as crucial for bilateral trade and innovation. Sri Lanka shared updates on its IP legislative reforms and the United States offered capacity building support.

The meeting concluded with both governments committing to making sustained progress on trade issues, looking ahead to the next TIFA Council Meeting scheduled for 2024. The fourteenth TIFA Council Meeting served as a testament to the United States and Sri Lanka’s dedication to strengthening their economic ties and fostering mutual prosperity.

SJB to go to court against new Anti-Terrorism Bill

The Samagi Jana Balawegaya (SJB) has vowed to go to court over the new Anti-Terrorism Bill.

SJB member Ashok Abeysinghe stressed that no matter how the relevant Bill is amended, the main opposition would still oppose it.

He further added that although a gazette notification has been issued pertaining to the Bill, it is yet to be presented before the parliament following its most recent amendments.

“Once it is presented before parliament, there is a period of 14 days for us to go before the Supreme Court [to challenge the Bill]”, he said, emphasising that, “Even if the Bill is amended, we will continue to oppose it. We plan to go to courts.”

Further stressing his point, the SJB MP recalled that when the Anti-Terrorism Bill was initially presented to the parliament, several parties went to court to challenge the legislation, deeming it unsuitable, while many other international organisations, too, raised concerns about it.

In September last year, the Cabinet of Ministers approved the proposed Anti-Terrorism Bill prepared by the legal draftsman to replace the Prevention of Terrorism Act (PTA).

However, the Justice Ministry later revised the original draft bill published in the government gazette and re-drafted it, after taking into account all the opinions and suggestions it received from various interested parties both locally and internationally.

In September 2023, the Cabinet approval was received to publish the Bill which was revised in accordance with the suggestions and opinions received by different parties in the government gazette, and to table the bill in parliament for passing.

Six arrested over Tamil MP’s assault

Police arrested six persons yesterday on suspicion of being involved in the assault on Tamil National People’s Front MP Selvarajah Kajendren in Sardhapura, Trincomalee on Sunday while he was taking part in a procession to commemorate the death anniversary of LTTE member Rasaiah Parthipan also known as Thileepan.

Police Spokesman SSP Nihal Thalduwa said the China Bay Police arrested four males and two females after the Thambalagamuwa Police received a complaint from Kajendran. The suspects were presented before the courts and were remanded until 21 September.

Commenting on the procession, SSP Thalduwa said according to Gazettes issued proscribing the LTTE and the Prevention of Terrorism Act, memorials commemorating members of terror outfits are not allowed.

Meanwhile addressing a press conference yesterday, Pivithuru Hela Urumaya (PHU) leader Udaya Gammanpila questioned who granted MP Kajendran permission to travel from the East to the North in a procession carrying an image of Thileepan. He said any official who has granted permission to such a procession has violated the Constitution and worked towards promoting separatism.

He called the procession a conspiracy hatched to incite the Sinhalese in the East who were victimised by the LTTE and give rise to communal tensions. He urged the Government to arrest MP Kajendran under the International Covenant on Civil and Political Rights (ICCPR) Act.

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RW Govt. under IMF microscope while India sends out strong message to SL at UNHRC

The Ranil Wickremesinghe Government is currently facing the first review of the International Monetary Fund (IMF) financial aid package for Sri Lanka while accelerating the country’s debt restructuring programme.

The IMF commenced the review of Sri Lanka’s Extended Fund Facility (EFF) on Thursday (14) through a meeting with officials from the Presidential Secretariat, with the President out of the country attending the G77 confab in Havana, Cuba and then travelling onwards to the US to attend the UN General Assembly (UNGA) in New York. The IMF review is expected to take place during a two-week period.

The IMF team is led by Senior Mission Chief Peter Breuer and Deputy Mission Chief Katya Svirydzenka.

Meanwhile, in the latest progress update on Sri Lanka’s performance in relation to the IMF programme, Verité Research has stated that Sri Lanka verifiably met 38 of the 57 trackable commitments that were due for completion by end-August in its 17th programme with the IMF.

The end-August update on the programme by ‘IMF Tracker,’ an online platform by Verité Research, has shown that the progress on 11 commitments remains “unknown,” while eight have been classified as “not met”.

As for the debt restructuring programme, Acting Finance Minister Ranjith Siyambalapitiya said last week that the Government was hopeful of finalising the Domestic Debt Optimisation (DDO) programme in the coming week, with headway being made in relation to several key issues.

Meanwhile, the restructuring of bilateral debt continues to show signs of reaching finality around end-October despite President Wickremesinghe’s hopes of having a plan in place before his mid-October visit to China.

It is interesting that amidst the economic battles, the Sri Lankan Government continues to face geopolitical challenges – this time with another Chinese research vessel, the Shi Yan 6, attempting to visit Sri Lanka next month.

It is learnt that the Wickremesinghe Government remains resolute on its stance that the Chinese vessel cannot be permitted to dock in Sri Lanka next month and that the request could be considered for a date in November. However, media reports last week stated that the relevant Chinese vessel had left China and was on its way to the South Asian region.

Nevertheless, the Sri Lankan Government maintains that permission is yet to be granted along with the date on which the Chinese vessel could call in Sri Lanka.

The Sri Lankan Government is in an unenviable position in terms of balancing neighbouring India as well as China, since both are key bilateral creditors of Sri Lanka.

G20 support

Meanwhile, G20 world leaders have expressed commitment to redouble efforts to resolve ongoing debt distress cases like Ghana and Sri Lanka, the US White House has said in a statement.

The White House statement has noted that US President Joe Biden had called on the G20, which met in India last weekend, as leaders in the global economy to provide meaningful debt relief so that low- and middle-income countries can regain their footing as they seek to recover from compounding economic shocks of the last few years and invest in critical development needs.

“Leaders in New Delhi committed to redouble efforts to resolve ongoing debt distress cases – like Ghana and Sri Lanka. President Biden made it clear that the United States expects meaningful progress by the World Bank and IMF Annual Meetings in October,” the White House statement has noted.

The White House has added that the G20 summit in Delhi is a major step forward in providing solutions to the most pressing issues.

Meeting Banerjee

President Wickremesinghe left Sri Lanka on Wednesday (13) morning on an official tour of Cuba and the US, with a transit in Dubai.

During his transit in Dubai, Wickremesinghe had met West Bengal Chief Minister Mamata Banerjee in the lounge. The President had engaged in a friendly chat with the Indian Chief Minister and had asked if she was going to lead the opposition alliance in India.

Wickremesinghe had told Banerjee that he was on his way to Cuba and Banerjee, who was also in transit, had later tweeted that she was pleased to meet President Wickremesinghe.

A video clip of the meeting between Wickremesinghe and Banarjee shows the Sri Lankan President asking if it was okay for him to ask her (Banarjee) a question and when she agrees, he asks if she is going to lead the opposition alliance in India.

The Chief Minister is seen responding saying it will depend on the people.

Wickremesinghe, after sharing a light-hearted moment with the Chief Minister, is seen inviting her to visit Sri Lanka.

SJBer backs off

Meanwhile, main Opposition Samagi Jana Balawegaya (SJB) Parliamentarian from the Monaragala District, W.H.M. Dharmasena, who was due to accompany the President in his delegation to the UNGA, had backed out of the trip to New York at the last minute.

It is learnt that when the final arrangements were being made for the presidential entourage’s visit to the US, the President’s staff had been informed that the SJB MP had backed out of the trip, saying that he did not want to upset his Party Leader (Opposition and SJB Leader Sajith Premadasa).

While the President left the country first to Cuba on Wednesday (13) morning, the President’s delegation to New York had left the country yesterday (16) morning.

Core Group concerns

Meanwhile, the ongoing 54th session of the UN Human Rights Council (UNHRC) in Geneva saw the international community once again expressing concerns over Sri Lanka and the slow progress being made in honouring commitments to the council.

The Core Group on Sri Lanka – Canada, North Macedonia, Malawi, Montenegro, the UK, and the US – has called for effective governance reforms and also noted the arbitrary use of laws to suppress dissent.

The Core Group has said that Sri Lanka has made important recent commitments on land issues and devolution of political authority.

“We encourage Sri Lanka to turn these commitments into meaningful action and deliver long-awaited results. Sri Lanka still has a long way to go to fulfil commitments to justice, accountability, and reconciliation,” the Core Group has told the UNHRC during its 54th session.

The Core Group has also noted preparations for a truth and reconciliation commission and has emphasised on the importance of an inclusive participatory process in the establishment of any mechanisms to advance transitional justice to gain the confidence of all affected communities, in line with international best practices.

The Core Group has further called on Sri Lanka to work with the High Commissioner and his office and remains ready to support Sri Lanka in addressing HRC Resolution 51/1.

India’s strong message

India, however, conveyed a strong message to Sri Lanka at the UNHRC last week, with India’s Permanent Representative to the United Nations and Other International Organisations in Geneva Ambassador Indra Mani Pandey stating that Sri Lanka has been slow in implementing its commitment.

Pandey has noted during the Interactive Dialogue on the Office of the United Nations High Commissioner for Human Rights (OHCHR) report on ‘Promoting reconciliation, accountability and human rights in Sri Lanka’ at the UNHRC that India has taken note of reaffirmation by the Government of Sri Lanka on the implementation of its commitments.

“However, progress on the same is inadequate and we urge the Government of Sri Lanka to work meaningfully towards early implementation of its commitments to ensure that the fundamental freedoms and human rights of all its citizens are fully protected,” he has said.

Pandey has urged the Sri Lankan Government to “work meaningfully” towards early implementation of its commitments to ensure fundamental freedoms and human rights of all its citizens, including Tamils, are fully protected.

“As a close neighbour and friend of Sri Lanka, India has consistently supported Sri Lanka’s efforts towards the relief, rehabilitation, resettlement, and reconstruction process in Sri Lanka since 2009,” he has noted.

India has always been guided by two fundamental principles of support to the aspirations of Tamils for equality, justice, dignity, and peace, as well as unity, territorial integrity, and sovereignty of Sri Lanka, Pandey has further stated.

Pandey has further reiterated India’s desire to see the full implementation of the 13th Amendment to the Constitution.

“We hope that the Government of Sri Lanka will fulfil the aspirations of Tamils for equality, justice and peace and its commitment to implement the 13th Amendment and conduct Provincial Council Elections to ensure a life of respect and dignity for Tamils in Sri Lanka,” he has added.

Govt.’s rejection

However, responding to the OHCHR update, the Sri Lankan Government last week said it has consistently rejected Resolution 46/1 and 51/1 that led to the setting up of the ‘Accountability Project’.

“We also reject the written update, its conclusions and recommendations,” the Government has said.

“We reiterate that it goes beyond the mandate that member states conferred on the council by UNGA Resolution 60/251,” the statement read.

“These resolutions are intrusive and polarising. It is upheld only by a handful of countries for reasons unrelated to human rights, and based on their vote bank domestic politics. Many countries have already raised serious concerns on the budgetary implications of this resolution given its dubious mandate. Sri Lanka has repeatedly pointed out that this is an unproductive and unhelpful drain on the resources of the council and its members. For all the reasons stated above, Sri Lanka will not cooperate with it,” it has noted.

However, the Government has also said Sri Lanka will continue to engage constructively with other mechanisms of the council that have been productive and beneficial to its people, such as the Universal Periodic Review process.

Budget 2024

Meanwhile, on the local front, the Wickremesinghe Government is making arrangements to present its 2024 Budget and is expecting to introduce more proposals to widen the tax base to increase State revenue through next year’s Budget.

State Minister Ranjith Siyambalapitiya has said that the Government intends to implement 65% of the strategies proposed by the committee appointed to recommend revenue-generating strategies by the end of 2023.

He has noted that 25% of the strategies presented to the President to widen the tax base and increase State revenue will be implemented through circulars set to be issued in October, while 40% will be implemented through the upcoming Budget 2024.

According to Siyambalapitiya, the remaining measures mentioned in the strategy report, which was presented to President Wickremesinghe in July, will be implemented as the overall economy starts going forward, as those require amending specific acts related to other Cabinet ministries.

“We don’t expect, under any circumstance, to raise the current tax rates further,” he has added.

Reshuffle issues

Meanwhile, the Wickremesinghe Government is likely to witness some changes prior to the 2024 Budget presentation due in November.

Talk of reshuffling State Ministers by Wickremesinghe upon his return from attending the UNGA has irked a group of State Ministers. Their concern is that reshuffling State Ministers alone will not resolve the issues in the Government, especially with regard to the clashes among Cabinet and State Ministers, without addressing the root causes.

These State Ministers are of the opinion that the failure to assign specific duties to them, failure of senior ministry officials to get State Ministers involved in ministry activities, and corruption among some ministers as well as ministry officials are the issues that need to be addressed, rather than carrying out a reshuffle of State Ministers.

However, members of the Government also believe that the President will proceed with a Cabinet reshuffle, with several ministerial portfolios also facing the likelihood of being reshuffled.

While President Wickremesinghe has the provision to make eight new ministerial appointments in line with the Constitution, reports from some Government sources note that only four new appointments are likely to be made during the upcoming reshuffle.

Meanwhile, the ruling Sri Lanka Podujana Peramuna (SLPP), which had submitted a list of names of its MPs to be appointed to the Cabinet months ago, maintains that there is no truth to such reports as the ruling party has not been informed of any preparations for a Cabinet reshuffle.

Party seniors claim that if there was a move for a Cabinet reshuffle, President Wickremesinghe would have discussed it with the SLPP, which is the ruling party, but there has been no such discussion thus far.

SLPP General Secretary Sagara Kariyawasam noted that the SLPP had sought more portfolios for SLPPers when the President had assumed office, but this had not happened thus far. “However, our request (for more portfolios) is still valid,” he has added.

State Ministers’ woes

Meanwhile, the woes of the disgruntled State Ministers continue, with some of them now having to clash with the secretaries of their respective ministries.

A group of around 35 State Ministers, including Suren Raghavan, D.B. Herath, Chamara Sampath Dasanayake, Arundika Fernando, Shantha Bandara, and Lasantha Alagiyawanna had recently met the President and Prime Minister, where they had complained they were unable to work with the ministry secretaries as well. Some of them had also criticised their subject ministers.

RW meets State Ministers

President Wickremesinghe has also hinted at the gazetting of specific subjects for State Ministers in the coming days.

The State Ministers had first met Prime Minister Dinesh Gunawardena and informed him that they were not willing to work in the current situation as they were being totally neglected by the Cabinet Ministers and have not been entrusted with any authority or responsibility.

The Premier had then taken the State Ministers to meet Wickremesinghe on 4 September, where they had a special discussion with the President.

“When the ministers and State Ministers were appointed by former President Gotabaya Rajapaksa, specific responsibilities were given to the State Ministers and the relevant gazette notifications were published. They had some direct duties. However, what President Wickremesinghe did was to appoint Cabinet Ministers and State Ministers and direct the Cabinet Ministers to gazette what they felt was better for the State Ministers under them. Only Urban Development and Housing Minister Prasanna Ranatunga and Plantation Industries and Industries Minister Dr. Ramesh Pathirana have done it though,” a State Minister who had attended the meeting with the President noted.

The President, at this point, had observed that he would look into the matter and had also informed the State Ministers that their issues would be resolved through a committee comprising the Secretaries to the President and Prime Minister.

RW-Basil talks

Prior to President Wickremesinghe’s departure to Cuba on Tuesday (12), he had a key meeting with SLPP National Organiser Basil Rajapaksa.

While Wickremesinghe and Basil had met on several occasions since the former assumed office, most of the discussions were held on a request made by Basil. However, this time around, it was the President who had invited Basil for a meeting.

President’s Chief of Staff Sagala Ratnayaka had also been present at the meeting, which had lasted for about one hour.

When Basil last met Wickremesinghe in August, the discussion was focused on new appointments to the Cabinet of Ministers, with a focus on SLPPers. Although the issue of elections was also discussed at the meeting, there was no finality on which elections would be held first.

However, it is the issue of appointing more SLPPers to the Cabinet that had caused friction between Wickremesinghe and the SLPP.

It is learnt that the President had indicated his desire to carry out a reshuffle of State Ministers upon his return to the county from the US during this meeting with Basil. However, it is also learnt that Wickremesinghe had refrained from giving out the details of the planned reshuffle and whether new portfolios would be assigned to the SLPPers included in Basil’s list of names of SLPP MPs deserving of Cabinet portfolios.

However, SLPP General Secretary Kariyawasam, when questioned about the meeting between Wickremesinghe and Basil, said that such meetings were very common and frequent since the SLPP was the main coalition partner of the Wickremesinghe Government.

Talk of SLPP candidate

Meanwhile, after hearing about the meeting between the President and Basil, many SLPP ministers and State Ministers had made their way to the Party Headquarters to inquire about the discussion and the matters discussed.

During the meetings between Basil and these senior SLPPers, some SLPPers had asked Basil if the next Presidential Election had been discussed during Wickremesinghe’s meeting and whether the SLPP would back Wickremesinghe during the next Presidential Election.

However, Basil had posed an interesting question to the SLPPers. He had asked what the SLPP members as well as people in their electorates had said around six months ago about the President and the Government. The SLPP ministers had said that the people had said at the time that President Wickremesinghe and his Government should win at the next elections.

Basil had then asked what the same people were saying at present and the SLPP ministers had said that the people were disgruntled with the President and the Government. Afterwards, Basil had observed that the SLPP would have to field its own candidate at the next Presidential Election.

It is this reason that resulted in Basil loyalist, SLPP MP Ranjith Bandara, making an open statement that the party had decided on fielding its own candidate. Bandara reiterated that the candidate would be named at the appropriate time.

EC says no to SLPP

The SLPP, which is on a reforms path, is continuing to push for either the holding of Local Government Elections, nullification of the nominations handed for the polls, or suspension of the circulars that restrict the candidates from engaging in official duties.

However, the Election Commission (EC) has informed that it cannot fulfil a request made by the ruling SLPP to suspend the relevant circulars, which have allegedly caused various difficulties to the candidates who submitted their nominations for the Local Government Elections.

SLPP General Secretary Kariyawasam has told the media that they had been instructed by President Wickremesinghe to write to the Election Commission and convey their concerns regarding the difficulties faced by the Local Government Elections candidates. “We wrote to the Election Commission seeking the suspension of the relevant circulars. They have, however, informed us that there is no possibility to do so,” he has said.

He has further said that they had, on several occasions, informed the President of the difficulties faced by those who had submitted nominations for the Local Government Elections, due to the related election laws and circulars.

“More than 80,000 people, including Government servants, have submitted nominations. They have become helpless now. The Government servants have been transferred to distant areas and their salaries and allowances have been curtailed. There should be some relief for those who came forward in the name of democracy.”

Kariyawasam has also noted that the President must declare a stance on the matter before the presentation of the Budget 2024 later this year.

“We will be able to see if financial allocations will be made in the Budget 2024 to hold the Local Government Elections, but we cannot let these candidates continue to suffer until then. There should be some immediate relief for them. If it is not done, everyone will be reluctant to contest elections in the future. That is a serious threat to democracy.”

Sirisena’s call

Meanwhile, the controversial video of the UK-based Channel 4 on the Easter Sunday attacks continue to dominate the local political scene.

President Wickremesinghe last week appointed a three-member committee headed by retired Supreme Court Justice S.I. Imam to investigate Channel 4 allegations about the Easter attacks. Retired Air Force Commander Jayalath Weerakkody and President’s Counsel Harsha A.J. Soza were appointed as members of the committee.

However, it is no secret that the public has lost any faith in these committees ensuring justice, given the many reports and recommendations related to the 2019 Easter Sunday attacks probe at the hands of the President.

It is in such a backdrop that Sri Lanka Freedom Party (SLFP) Leader, former President Maithripala Sirisena, who is facing litigation over his failure to avoid the attacks, has called for an international probe into the 2019 Easter Sunday attacks. He has made these calls in light of the revelations made by Channel 4.

Sirisena told the media on Wednesday (13) that although several allegations had been made against him in relation to the terror attacks over the last four years, the British television channel’s documentary had shed a different light on those who should be held responsible for the attacks.

“We are also raising our voices and calling for an international probe into the attacks, as proposed by the United Nations. I have been judged with regard to this matter for four years and court orders have also been given. But when you look at the Channel 4 documentary, it is clear that what actually took place is something completely different to what was perceived,” Sirisena has claimed.

Meanwhile, SLPP Parliamentarian Namal Rajapaksa has said that foreign government agencies which deal with terrorism should conduct a fresh investigation into the Easter Sunday attacks.

“Organisations that deal with terrorism from the UK, India, and the US should conduct a fresh probe into the Easter Sunday attacks instead of various TV channels or Non-Government Organisations (NGOs),” Namal has said, noting that the SLPP would support such a move.

He has added that television channels and NGOs do not have the capacity to investigate terror organisations.

Govt. to clarify

Meanwhile, the Government is to clear doubts that have arisen with regard to the appointment of a committee to look into allegations made by Channel 4 in its recent documentary on the 2019 Easter Sunday attacks and the Ministry of Defence’s denial of such during the adjournment debate on the terror attack and national security scheduled for Thursday (21) and Friday (22).

Following the announcement that President and Defence Minister Ranil Wickremesinghe would appoint a committee headed by a retired Supreme Court Judge to investigate the allegations made by Channel 4, the Catholic Church has questioned the basis of the appointment of such a committee when the Defence Ministry, headed by Wickremesinghe, had already denied the exposé made by Channel 4, deeming such ridiculous.

Top-level sources within the Defence Ministry have stated that the Government will respond to all such concerns during the debate to be held on the Channel 4 claims on Thursday and Friday.

SLFP’s new appointment

Meanwhile, the ongoing clash within the SLFP took a new turn with SLFP Parliamentarian Sarathi Dushmantha Mithrapala being appointed as the Acting General Secretary of the party.

The appointment was made by the party’s Central Committee at a meeting on Monday (11).

SLFP Leader Sirisena had suspended the party membership of the party’s General Secretary Dayasiri Jayasekara.

Mithrapala was previously considered a Jayasekara loyalist and was even among the signatories to a letter initiated by Jayasekara, where Sirisena was accused of destroying the party’s identity.

Supporting Dayasiri

However, Jayasekara continues to maintain his stance as an SLFPer and claimed that ‘the father’ (Sirisena) was being misled and was now having a misunderstanding with the son (Jayasekara)’ when he visited his constituency recently.

Meanwhile, members of the Freedom People’s Council (FPC) have signed a letter to SLFP Leader Sirisena in support of Jayasekara.

The decision to send the letter to Sirisena was reached at an Executive Committee meeting of the FPC that was recently held at the Waters Edge hotel in Battaramulla. Jayasekara had also been invited for the meeting.

Seeing Jayasekara at the FPC meeting, it was speculated that he had joined the group of SLPP dissidents. However, Jayasekara reiterated that he would not leave the SLFP.

The FPC meeting was convened by SLFP member Thilanga Sumathipala and was also attended by MPs Prof. G.L. Peiris, Wimal Weerawansa, Udaya Gammanpila, Prof. Charitha Herath, Weerasumana Weerasinghe, and Ven. Athuraliye Rathana Thera.