China stalling IMF relief for debt grip Sri Lanka: Report

(ANI): Sri Lanka’s is facing a big challenge from its largest bilateral lender, China to secure a concrete debt relief framework, as it is blocking access to desperately needed cash bailout of 3 billion US dollars’ from International Monetary fund, Nikkei Asia reported.

Last month’s visit by IMF officials to the crisis-recovering nation seems like a hope for the country. But IMF which has insisted on “financing assurances” from bilateral lenders as a key pillar, gave Sri Lanka a failing grade in the first review of the bailout, denying it a second tranche of $330 million in aid.

According to the Nikkei Asia, the chances of the relief for Sri Lanka is rising for an unexpected mid-october visit to China by Lankan President Ranil Wickremesinghe to attend a 10th anniversary summit of the Belt and Road Initiative, Beijing’s regionwide infrastructure building program where he will meet the Chinese President to discuss debt relief.

Meanwhile the IMF has said that the further relief aid requires the completion of financing reviews after analysing the country’s record since the first injection of 330 million US dollars, approved in late march.

Nekkei Asia reported quoting IMF team, headed by Peter Breuer, senior mission chief for Sri Lanka said, “These financing assurances reviews will focus on whether adequate progress has been made with debt restructuring to give confidence that it will be concluded in a timely manner and in line with the program’s debt target.”

China is one among other nations to join lendors like Japan and India early this year to offer initial financial assurances that met the IMF’s conditions to approve the March bailout, an Asian diplomat revealed.

“Beijing offered a two-year moratorium for the Sri Lankan debt and talked of providing new loans to pay for existing debt,” Nikkei Asia reported.

Notably, Sri Lanka has invited China to join a committee of country’s bilateral creditors chaired by Japan, India and France, aimed at drafting an external debt restricting framework, which China rejected in April this year. And opted to directly deal with the Sri Lankan government.

“The other lenders were OK with this arrangement and were prepared to let Colombo deal with Beijing at a bilateral level,” the diplomat added. “But there cannot be any special deals favoring Chinese debt terms, such as no haircuts, yet expecting haircuts from the other countries.”

Sri Lankan President Wickremesinghe who assumed the charge after the former president had fled from the country amid protests driven by public anger over the collapsed economy has promised to deal with all the bilateral lendors to treat them equally.

“We will not have separate deals,” Wickremesinghe told Nikkei Asia in an interview in Tokyo in May. “We won’t give advantage to one party, we will work on the same principles.”

A meeting of Sri Lanka’s creditor nations held online in May was attended by 26 countries. Many were from the Paris Club, a network of wealthy nations that have a history of resolving external debt crises in developing countries to which they have given loans. China stood by only as an observer.

Within the group of countries besides China, diplomatic sources familiar with the talks revealed that concrete progress on a blueprint and timeline is still elusive. “Nothing has moved concretely within the Japan-India-French creditor committee because of no progress from China,” said one source. “So we will be following President Ranil’s visit to China closely.”

Consequently, the scope of Sri Lanka’s debt to China remains under scrutiny.

Sri Lanka ran out of foreign reserves at the end of 2021 to pay for its imports and faced pressure to service a $7 billion external debt the next year, pushing it to the brink of the worst economic crisis since independence in 1948.

By 2021, public debt stood at 114% of gross domestic product — 47% of it in the form of foreign loans, with private creditors who had bought international sovereign bonds topping that list, followed by bilateral lenders led by China.

In May 2022, Sri Lanka became the first Asian lower-middle income country to default on its sovereign debt this century.

Chinese loans had financed a spree of large infrastructure projects, including highways, an airport and a port. “China will have to play a major role in Sri Lanka’s debt restructuring process, with $7.4 billion or 19.6% of outstanding public debt owed to China at the end of 2021,” wrote Umesh Moramudali and Thilina Panduwawala, two Sri Lankan economists, in “Evolution of Chinese Lending to Sri Lanka since the mid-2000s — Separating Myth from Reality.”
Chinese lending to Sri Lanka mainly came from two major policy banks, China Exim Bank, which accounted for $4.3 billion, and China Development Bank, which gave $3 billion.

By contrast, interest-free loans provided directly to Sri Lanka as part of official aid from the Chinese government amounted to only $16 million by the end of 2021, said the Sri Lankan economists Moramudali and Panduwawala in an e-mail interview. “We have not come across EXIM or CDB loans that are interest-free.” (ANI)

Threats to judge: Northern lawyers conduct token strike, warn of continued action

Lawyers in the Northern Province launched a token strike yesterday (3) demanding a thorough investigation into threats made to Mullaitivu District Court Judge T. Saravanarajah, and measures to protect the safety of judges and the independence of the judiciary.

Lawyers in the Jaffna, Kilinochchi, Mannar, Vavuniya, and Mullaitivu Districts joined hands in this regard as part of the Northern Province bars.

Sources within the Northern Province bars told The Daily Morning that due to lawyers withdrawing from court proceedings, the daily activities of courts in the Northern Province were hampered. The Mullaitivu Lawyers’ Association said that the Mullaithivu District Lawyers will conduct a formal investigation into the threats against Saravanarajah and demand that authorities enforce the law against the concerned persons. The sources also said that a decision on a continuous strike is to be made if the authorities fail to provide them with a proper solution.

When contacted by The Daily Morning yesterday (3), Bar Association of Sri Lanka (BASL) President attorney-at-law Kaushalya Nawaratna said that the BASL has not endorsed any such union action concerning the resignation of the said judge, but that regional bars have the independence to organise as such if they wish. He also said that the BASL is continuously pressurising law enforcement authorities to take necessary action, but that no decision has been taken so far by its Executive Committee regarding a protest or other similar union action.

Judge Saravanarajah, in a letter to the Judicial Service Commission, resigned from all his judicial posts recently, citing death threats and stress, and he has subsequently left the country. The threats are attributed to orders he has given in a controversial case concerning the Kurundi Temple. The Inspector General of Police and the Criminal Investigations Department have since been ordered to commence a probe into the resignation and circumstances of the same, while the BASL has met the Chief Justice for the same reason.

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SLFP not inclined to merge with SLPP– Sirisena

Sri Lanka Freedom Party (SLFP) Chairman, former President Maithripala Sirisena yesterday (3) asserted that the SLFP has no intention of merging politically with the Sri Lanka Podujana Peramuna (SLPP) and it is not possible at the moment.

During a media briefing at SLFP Headquarters, Sirisena said, “To be honest, the majority of people in the country are against the government. This is clear from the people’s reactions towards the government.”

He added that the unbearable cost of living has left the people of this country disenchanted with the government. He claimed that they (SLFP) are in the Opposition in Parliament and have their own political paths, similar to what the government has. There is no need to associate with former President Mahinda Rajapaksa, as their policies are entirely different, he claimed.

“Each political party has its own unique policies and agendas that may not align with each other. We have different political ideologies and it is not feasible for us to go on the same path. However, we do not hold any personal animosity towards any other political party or their representatives. Our differences are purely based on our political ideologies,” Sirisena said.

“As SLFP members, in accordance with our party’s general policies and objectives, we are ready to work for the country while putting aside our personal political policies and agendas in order to form alliances. The SLFP has formed numerous alliances and collaborated with other political parties, prioritising the advancement of the country over our party’s individual policies,” he said.

Ranil loses his cool when questioned on Channel 4 video

President Ranil Wickremesinghe lost his cool and threatened to walk out of an interview with Deutsche Welle after he rejected an international investigation into the Easter Sunday attacks.

The President at one point accused the host of “talking nonsense” and said that Sri Lanka does not see the need for international observers even over the war.

Wickremesinghe, at one point, suggested that the interview be stopped and that he leaves as both sides were raising their voices at each other.

During the interview, the President also said that he is not dealing with Cardinal Malcolm Ranjith but only with the Catholic Bishops’ Conference.

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SriLankan Airlines Suffers USD 6 Million Loss Due to Recent Flight Delays

SriLankan Airlines has reported a substantial loss of USD 6 million attributed to recent flight delays. Minister of Ports and Aviation, Nimal Siripala De Silva, announced this development today, shedding light on the financial impact of these disruptions.

Minister De Silva revealed that the airline’s losses were directly linked to the recent delays experienced in eight flights, which caused substantial inconvenience to passengers and incurred significant financial repercussions. These delays have come at a challenging time for the airline, further exacerbated by the ongoing economic constraints.

He emphasized the grim financial reality by stating that, under the current circumstances, there is no room for granting allowances or salary increases to the airline’s employees. This statement underscores the financial strain that SriLankan Airlines is currently facing.

In response to these challenges, Minister De Silva unveiled a strategic decision aimed at mitigating losses and safeguarding the interests of SriLankan Airlines. The plan involves allowing other airlines to operate some of the carrier’s flights under the ‘5th freedom of the air’ framework. This measure is intended to optimize flight operations and minimize losses while still preserving the rights and integrity of SriLankan Airlines.

Recent times have seen a series of flight delays and cancellations by SriLankan Airlines, often attributed to technical or other operational issues. These disruptions have caused inconvenience to travelers and financial losses to the national carrier.

In light of these setbacks, SriLankan Airlines publicly extended its apologies to affected passengers in the recent past, acknowledging the impact of these flight interruptions. However, the airline now faces the challenging task of overcoming these operational hurdles and navigating the complex aviation landscape to regain its financial stability.

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Supreme Court issues notice on Election Commission members

The Supreme Court today (02) ordered to once again issue notice on the new chairman and the members of the Election Commission to appear before the court.

This order was issued by a five-member Supreme Court bench, when the petitions seeking an order declaring that the fundamental human rights of the people have been violated by the failure to hold the 2023 LG election on March 09, 2023, as previously scheduled, and to issue an order to the election body to hold the relevant election on time, were taken up for consideration today (02).

The petitions were filed by the National People’s Power (NPP), Samagi Jana Balavegaya (SJB), the Centre for Policy Alternatives and the People’s Action for Free and Fair Elections (PAFFREL), naming the Chairman and the members of the election commission as respondents.

Chief Justice Jayantha Jayasuriya, Justices Priyantha Jayawardena, Vijith Malalgoda, Murdu Fernando and Gamini Amarasekara had comprised the five-member judge bench which issued this order.

There, President’s Counsel Nigel Hatch, who appeared on behalf of the NPP, requested the court for an early date for hearing of the petition since the fundamental human rights of the people are violated by the postponement of the election.

At the time, the Chief Justice mentioned that although the hearing of the relevant petitions was scheduled to be held today, a situation had arisen where it is not possible to carry out the hearing due to the fact that the petitioners had not properly issued notice to the respondents.

The Chief Justice further emphasized that not only the petitions related to the local government polls but also the facts related to each and every petition presented to the court will be considered in depth.

Accordingly, the judge bench ordered the petitioning party to issue notices to the new members of the Election Commission and former member of the commission P.S.M. Charles, who were added to the list of respondents of the petitions, within a period of one week.

Later, the relevant petitions were ordered to be recalled for hearing on November 21, 22, 29, 30 and December 01, 2023.

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HRCSL’s dire warning against the proposed ‘Online Safety Bill’

In a letter penned by Chairman of the the Human Rights Commission of Sri Lanka (HRCSL) former Supreme Court Judge Lakshman Tikiri Bandara Dehideniya, the Government has been urged to exercise caution in its approach to the proposed Online Safety Bill (OSB). The letter, addressed to Minister of Public Security Tiran Alles, emphasises the importance of safeguarding fundamental rights while addressing the challenges posed by online spaces.

The HRCSL’s recommendations touch on critical aspects of the bill, including the misapplication of existing laws, concerns over political independence, and the need for clear criteria in classifying online accounts. One of the most striking points in the letter is the acknowledgement of the significance of making online spaces safer for Sri Lankans. While the objective is laudable, the HRCSL underscores the challenges faced by law enforcement authorities in interpreting and applying current criminal laws to online activities.

The misapplication of section 3 of the International Covenant on Civil and Political Rights (ICCPR) Act, No. 56 of 2007, is cited as a prime example, raising doubts about its effectiveness in addressing online incitement to violence and the potential for stifling free speech. Despite previous notifications to authorities regarding this issue, the misapplication of the ICCPR Act continues, as evidenced by a recent High Court case. These concerns have led the HRCSL to propose a reconsideration of the timing of the OSB.

The HRCSL argues that strengthening the institutional capacity of law enforcement authorities should precede the introduction of new legislation, highlighting the risk of jeopardising freedom of speech and expression without such reforms. The HRCSL has also presented a series of general observations and recommendations aimed at ensuring that the OSB aligns with the fundamental rights chapter of the constitution. These include refraining from criminalising statements deemed merely “distressing,” ensuring the political independence of the proposed Online Safety Commission (OSC), and revising procedures to afford individuals an opportunity to be heard.

Additionally, the letter notes the need for clear criteria in classifying ‘inauthentic online accounts’ while preserving online user freedoms and cautions against vesting police powers in private actors assisting investigations. HRCSL plans to engage with relevant stakeholders to further refine its observations and recommendations on the proposed OSB. In doing so, the HRCSL aims to strike a balance between online safety and the protection of fundamental rights in Sri Lanka’s evolving digital landscape.

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Do not raise third party concerns with US-SL tells USA, Japan

Sri Lanka has informed the United States and Japan to have direct dialogue regarding matters of their own geopolitical concerns but not those of any third party, Daily Mirror learns.

Daily Mirror reliably learns that Foreign Minister Ali Sabry conveyed such a message to these countries when he met with their representatives including U.S. Under Secretary of State Victoria Nuland in recent times.

The minister had a series of bilateral engagements on the sidelines of the UN General Assembly.

Mr. Sabry is reported to have requested these countries to raise their concerns on any matter directly but not those of any third country.

Sri Lanka is currently under trilateral pressure involving India, Japan and the U.S. over the planned visit of the Chinese research vessel ‘Shi Yang 6’.

China insists that the ship visit should take place in October though Sri Lanka wants it to be deferred till November.

Jaffna University teachers’ union condemns intimidation of judges, administrators

Judges and administrators who refuse to support or connive with the Sinhala-Buddhist agenda face intimidation and come under heavy political duress, the University of Teacher’s Association University of Jaffna has said in a media statement.

Full text of the statement:Judge T. Saravanarajah, District Court Judge of Mullaitivu, has resigned from all his positions in the judicial system and fled the country amidst threats to his life and political pressure from the top. This development has caused shock and despair among those who value justice and democracy. It also demonstrates the extent to which the independence of Sri Lanka’s judicial system has been undermined.

Judge Saravanarajah openly condemned the illegal nature of the archaeological excavation carried out in Kurunthurmalai with the Sinhala-Buddhist nationalist agenda and issued rulings that are considered fair. He also ruled in defense of people’s right to memorialization, whenever there were attempts to abort commemoration events organized by the Tamil community.

Recently, extreme Sinhala nationalist forces in the South launched a hate campaign and issued threats against this judge who is widely perceived as a person of integrity and great courage. Not so long ago, Mr. Sarath Weerasekara, Member of Parliament representing the Colombo district, made vituperative statements against the judge.

Judge Saravanarajah has mentioned in his letter of resignation the threats on his life and the pressure he faced. It is reported in the media that the Attorney General summoned Judge Saravanarajah to his office on the 21st of September 2023 and, in the guise of advising the judge, exerted pressure on him to change his ruling in the Kurnthurmalai issue. If a judge who carried out his responsibilities in line with the law of the land is facing such an unsettling, dangerous situation, what is the predicament of the minority communities who face and resist racism on a daily basis?

The University of Jaffna Teachers’ Association strongly condemns the intimidation and the hate campaign against Judge Saravanarajah and the pressure applied on him to prevent him from discharging his responsibilities in an independent manner. The Association demands that all those who are involved in the hate campaigns and the acts of interference and intimidation against the judge be held accountable.

The Association notes with dismay that the judicial system in the North-East of Sri Lanka is afflicted with intimidation and political interference today. The Sinhala-Buddhist agenda of the state is the root cause of the threats that the judges who serve the courts in the North-East are subjected to. Sinahalizing and Buddhisizing this region where the Tamil and Muslim communities form the majority population and blocking memorialization events of the Tamil community are central to this agenda.

Judges and administrators attached to the public sector who refuse to support or connive with this agenda face intimidation and come under heavy political duress. It is important to recognize that as long as Sinhala-Buddhist chauvinism reigns supreme, the independence of the judicial system and the administrative services in the North-East will be under threat. It is vital that progressive forces on the island rally together across ethnic, religious and regional divides against this chauvinism and work towards ensuring the equal coexistence of all communities.

IMF recommends 16 priority areas to improve Sri Lanka governance

The International Monetary Fund’s (IMF) corruption-busting governance diagnostic report compiled by the recently concluded IMF mission has made 16 Priority Recommendations for Sri Lanka to improve the island nation’s governance system, IMF sources divulged.

Sri Lanka is the first country in Asia to undergo an IMF governance diagnostic under the global lender’s key structural reform to address corruption vulnerabilities and enhance growth.

The Sri Lanka Governance Diagnostic Assessment September 2023 by the IMF mission has revealed that social tensions remain high in the island nation due to falling real incomes.

This is despite tentative signs of macroeconomic stabilization with inflation moderating, exchange rate stabilizing, and the Central Bank of Sri Lanka (CBSL) rebuilding reserves buffers.

It adds that the government measures to address the balance of payment crisis, including tax reforms and cost-recovery pricing in the energy sector, have raised the cost of living.

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