New Election Commission and Human Rights Commission members appointed

President Ranil Wickremesinghe has appointed new members to the Election Commission and Human Rights Commission of Sri Lanka.

Accordingly, Justice L.T.B. Dehideniya, a retired Supreme Court Judge, was appointed as the Chairman of the Human Rights Commission of Sri Lanka.

R.M.A.L. Rathnayake, a former Additional Commissioner General of Elections, has been appointed as the Chairman of the Election Commission.

M.A. Pathmasiri Chandrawansha Perera and Ameer Mohommed Faiz have been appointed as the members of the Election Commission.

The newly appointed members of the Human Rights Commission, as directed by the President, include Nimalasena Gardier Pundihewa, Thaiyamuttu Thanaraj, Prof. Fathima Farzana Hanifa, and Dr. Gehan Dinuk Gunatillake.

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Sri Lanka asks dollar debt holders for 30 pct haircut

Sri Lanka is asking foreign investors in its international sovereign bonds to take a 30 per cent haircut and is seeking similar concessions from holders of its other dollar-denominated bonds as it seeks to restructure its massive debt, its central bank governor said on Thursday.

The government will also exchange treasury bills into long-term bonds as part of a domestic debt restructuring programme, Nandalal Weerasinghe told a press conference as he unveiled details of the long-awaited plan, which will cover part of the island nation’s US$42 billion domestic debt.

Sri Lanka is struggling with its worst financial crisis since its independence from Britain in 1948 after the country’s foreign exchange reserves hit record lows and triggered its first foreign debt default last year.

Pledging to put its mammoth debt burden on a sustainable track, Sri Lanka locked down a US$2.9 billion bailout from the IMF in March. The domestic restructuring is needed to help the country reach the IMF programme goal of reducing overall debt to 95 per cent of GDP by 2032.

Meanwhile, the government is also pushing forward with reworking its foreign debt with bondholders and bilateral creditors including China, Japan and India.

Under the domestic debt revamp, holders of locally issued dollar-denominated bonds such as Sri Lanka Development Bonds (SLDBs) will be given three options, Weerasinghe said.

The first would be treatment similar to investors in the country’s international sovereign bonds – a 30 per cent principal haircut with a 6-year maturity at a four per cent interest rate, he said.

“We are asking foreign debt holders for a 30 per cent haircut but that is still under discussion,” Weerasinghe said.

Sri Lanka currently has US$12.5 billion in international sovereign bonds.

Weerasinghe would not comment on current talks with bilateral creditors. Sri Lanka has set a goal of finalising debt restructuring talks by September to align with the first review of its IMF programme.

China wants multilateral lenders like the International Monetary Fund (IMF) and World Bank to absorb some of the losses, which those institutions and many developed nations, notably the United States, are resisting.

More international support

The domestic restructuring programme will be presented to parliament on Saturday for approval.

Earlier on Thursday, the World Bank approved US$700 million in budgetary and welfare support for the country, the biggest funding tranche for the island nation since the IMF deal in March. About US$500 million of the funds will be allocated for budgetary support while the remaining US$200 million will be for welfare support earmarked for those worst hit by the crisis.

Sri Lanka’s cabinet approved the domestic debt programme at a special cabinet meeting on Wednesday, a source at the president’s office told Reuters.

Domestic bondholders will be given two other options:

– Similar treatment to that being proposed to bilateral dollar creditors: No principal haircut, with a 15-year maturity and nine-year grace period at 1.5 per cent interest rate.

– Exchange their holdings for local currency denominated instruments: No principal haircut with a 10-year maturity at the SLFR (Sri Lanka Standing Lending Facility Rate) + one per cent interest rate.

Local currency bonds held by superannuation funds, including pension funds, will be replaced with new bonds which will have nine per cent interest, Weerasinghe added.

But banks’ local currency bonds have been excluded from the scheme to avoid putting further strain on the financial sector

Sri Lanka’s sovereign U.S. dollar bonds were edging higher in early morning trade, with the bonds maturing in November 2025 and March 2024 gaining the most, 0.77 cents, by 0627 GMT, according to Tradeweb data. – Reuters

Outgoing UK envoy expresses hope SL will address legacy of war and work toward fully inclusive society

British High Commissioner Sarah Hulton, OBE is departing after an eventful and successful nearly four year stint in Sri Lanka. The Daily FT caught up with her before her departure to get a quick recap from her on the tenure in Sri Lanka which was momentous with several key developments in terms of bilateral cooperation between the UK and Sri Lanka and UK’s support to Sri Lanka. Incidentally, after assuming duties in August 2019 Hulton’s first print interview was also with the Daily FT in October same year (https://www.ft.lk/Opinion-and-Issues/On-a-quest-to-take-UK-SL-ties-from-good-to-great/14-688682). Here are excerpts from the interview with Hulton days prior to her departure.

Q: You’ve been in Sri Lanka through extraordinary times. What are your reflections?

Sri Lanka has gone through some challenging times in the last few years. I know the effects of the economic crisis are still being widely felt and I am glad that we have been able to support Sri Lanka in a range of ways. This has included providing £ 3 million humanitarian assistance through cash transfers to support the most vulnerable communities. I have been able to visit some of these groups and hear how the funds have helped their food security and medical needs.

We are also providing economic support for Sri Lanka through multilateral institutions like the International Monetary Fund, World Bank and United Nations. We have welcomed the Government of Sri Lanka’s commitment to implementing the economic reform program supported by the IMF Extended Fund Facility and encourage Sri Lanka to continue engaging with the IMF and EFF program to build investor confidence, drive growth and bolster Sri Lanka’s development.

Q: Can you highlight some of the other key areas of UK-SL cooperation?

UK Sri Lankan cooperation continues to grow and there have been some recent developments in the area of business and trade. The UK is Sri Lanka’s second largest export market. In 2022, the total trade in goods and services between UK-Sri Lanka was £ 1.3 billion – an increase of 11.6% from the previous year. The UK’s new trading preferences scheme is now in force – and there are significant benefits for Sri Lanka.

The Developing Countries Trading Scheme (DCTS) allows Sri Lanka to trade with the UK tariff-free on 92% of goods, increasing the competitiveness of Sri Lankan products in the UK market. As the demand for sustainable, fair-trade, and healthier products continues to grow in the UK, Sri Lankan business is well placed to develop in this market.

Environmental cooperation has also been a strong pillar of our partnership. The UK was proud to host the 26th session of the Conference of the Parties (COP26) on Climate Change solutions in Glasgow in 2021. Sri Lanka has made some strong commitments which we want to support through a range of collaborative environmental projects which underpin the goals of the Glasgow Climate Pact. These projects have included work to protect biodiversity, implement nature based solutions, support climate adaptation and resilience efforts and protect wildlife in Sri Lanka. We will continue this work through the UK’s Climate Action for a Resilient Asia Program which will include funding projects that mobilise climate finance, strengthen water security, conserve ecosystems and biodiversity, and help vulnerable communities lead local adaptation efforts.

The Blue Planet Fund reinforces the UK’s global leadership on marine issues, including the call to protect at least 30% of the global ocean by 2030 and existing commitments to tackle plastic pollution. The UK Ocean Country Partnership Program for Sri Lanka under the Blue Planet Fund, will deliver marine science technical assistance across the three core themes of marine pollution, biodiversity loss and supporting sustainable seafood.

We also partnered with UNICEF to provide lifesaving medical equipment for high-risk pregnant mothers and infants during the pandemic. And scientists from the University of Sri Jayewardenepura and Oxford University collaborated together on a UK-funded project, to support vital immunology research. The UK is also known for our role at the UN Human Rights Council. We want to support Sri Lanka in addressing the issues raised in the current resolution. We are doing this by working with civil society and grassroots organisations through a number of projects, such as landmine clearance, sustainable resettlement of internally displaced people, including livelihoods support, with a particular focus on women headed households.

We have also worked with local partners to support effective responses to online gendered hate speech and cyber-sexual gender-based violence in Sri Lanka. We hope that Sri Lanka will address the legacy of the war and work towards building a fully inclusive society where people from all backgrounds can thrive.

Education remains one of our strongest connections. The UK is recognised across the world for its high-quality education. Four out of the world’s top ten universities are in the UK, and there are more than 45 UK higher education institutions and professional bodies represented in Sri Lanka. These offer a variety of courses in partnership with over 50 local institutes and I’ve loved having the opportunity to hear about their work whilst I’ve been here. Students have a wide range of choices to study either in the UK or in Sri Lanka to obtain a world class qualification.

We’re also keen to make people aware of the scholarship opportunities available to Sri Lankan students and to encourage applications from across Sri Lanka. Chevening is the UK Government’s prestigious fully-funded scholarship program – I love catching up with Chevening alumni here, who are excelling in a wide range of fields. Every year the scholarship sends selected Sri Lankan students to the UK to complete a one year master’s program in any subject they choose at any university, fully paid. We look for candidates who have leadership potential and an excellent record of achievement as well as a strong desire to make a difference in their country.

It’s a pleasure to work alongside the British Council here who are well known for their educational opportunities. They build connections between people in the UK and Sri Lanka through arts, culture, education and the English language. They deliver close to 100,000 UK exams on an annual basis, creating new pathways and opportunities for students, and young professionals.

I was so pleased to be able to join them last week to attend a filmed performance of Sleeping Beauty from the Royal Opera House. It was also an honour to welcome the Graetian Awards to Westminster House in the last few weeks of my time here – my congratulations to the two winners! I have really enjoyed getting to know Sri Lankan literature better and honoured to have had the opportunity to meet some of the authors of these incredible works.

Q: As you look back on your time here, what have been some of the most memorable occasions?

We have had some special moments of celebration, with the Queen’s Baton visiting Sri Lanka ahead of the Commonwealth Games hosted in Birmingham. Her Late Majesty The Queen celebrated her Platinum Jubilee year and the occasion was marked by a series of special events in London, as well as the lighting of Platinum Jubilee beacons in the UK and overseas, including in Sri Lanka. When she passed away last year we were all touched by the heartfelt messages of condolence from so many people here, often sharing their memories of her visits.

We were also able to celebrate a historic event – the Coronation of His Majesty King Charles III and Queen Camilla. It was a wonderful opportunity to bring many of the colleagues and partners we work with in Sri Lanka together and witness the special moment together.

This is an important year for the UK and Sri Lanka as we mark 75 years of bilateral relations. We are celebrating this through ‘75 Stories’ highlighting remarkable stories of Sri Lankans in the UK, and British nationals here in Sri Lanka – underlining the strong people to people links between our two countries.

Over the last four years, I have been able to travel to different parts of the country, including with visitors like Foreign Commonwealth and Development Office Minister Lord Ahmad. I have found experiencing Sri Lanka’s rich religious and cultural heritage very rewarding and it has meant I have been able to meet people of diverse faiths and backgrounds and better understand a range of perspectives. We have also had a visit from the UK Prime Minister’s Trade Envoy for Sri Lanka Lord Davies of Abersoch. It was great to be able to build on online meetings and bilateral engagements he had joined us for and welcome him here. With Lord Davies, we have been engaging with the business community, particularly through the Council for Business with Britain, and Government stakeholders to explore how we can further deepen our bilateral trade ties.

As I get ready to depart back to the UK, I want to thank everyone who has supported and worked with us in the last few years. It has been an honour to lead the British High Commission here and I hope to keep in touch and visit again one day.

Falling Hindu population in Sri Lanka provinces a cause of concern: Tamil Nadu BJP president

Tamil Nadu BJP president K Annamalai has expressed concern about the declining Hindu population in the north and eastern provinces of Sri Lanka, where Tamils form the majority, the Times of India reported.

In the UK for a week-long visit, Annamalai on Tuesday spoke on the historical and cultural ties between India and Sri Lanka at a chamber in the House of Lords in London.

The event was organised by Britain Tamil Sangam and Sangamam UK, a UK-based Tamil cultural organisation. In his speech, Annamalai highlighted the alarming decrease in the Hindu population in Sri Lanka’s north and eastern provinces.

“The significant decline in the Hindu population in the north and eastern provinces of Sri Lanka is an area of concern. This trend is worrisome as it will have a detrimental impact on the region’s culture in the years to come,” said Annamalai.

He further pointed out the emergence of Buddhist archaeological sites in the north and eastern provinces, which has caused tensions between Tamils and Buddhists. “The northern and eastern provinces have maintained a unique culture and identity for more than a thousand years. However, the recent appearance of Buddhist archaeological sites in these areas has resulted in tension between Tamils and Buddhists. Resolving this issue is crucial for lasting peace and finding a permanent solution in the coming decade,” added Annamalai.

During his visit to the UK, Annamalai conducted several meetings with the Tamil diaspora, emphasising the nine-year achievements of the BJP government in India and India’s contributions to the Sri Lankan Tamil community in recent years.

Source: Times of India

China urged to play greater role in financial system after SL bailout exposed flaws

Sri Lanka’s crippling debt crisis and the long wait it had to endure until receiving a bailout from international creditors forced emerging markets to re-evaluate the existing global financial structure, according to economists and diplomats at the World Economic Forum on Wednesday.

They also noted that the world needs a more efficient financial architecture, where China can play a more prominent role in terms of solving emergencies and amplifying the voices of developing countries.

Sri Lankan Minister of Foreign Affairs Ali Sabry said that since negotiations started in September 2021, it took almost eight months to receive assurances from creditors before the South Asian nation eventually received the first payment as part of the US$3 billion bailout from the International Monetary Fund (IMF) in April.

“By that time, countries are under real stress, and countries could fall apart. So it’s important that something ready-made has to be there,” Sabry told a panel on the second day of the World Economic Forum’s 14th Annual Meeting of the New Champions in the northern Chinese city of Tianjin.

Despite a US$600 million loan from the World Bank in April last year, Sri Lanka defaulted on its debt for the first time in its history in May 2022, eventually becoming the first country in the post-coronavirus era to declare bankruptcy in July.

The coronavirus pandemic pushed world debt to over an unprecedented level of US$300 trillion in 2022, according to the Institute of International Finance, with developing countries particularly vulnerable due to the large amounts accumulated, as well as depreciating currencies and interest rate increases.

However, the fundamental problems in the IMF and other international financial institutions remain, according to Jin Keyu, a professor of economics at the London School of Economics and Political Science.
The issues include a mismatch of credit cycles, as well as the insufficient global emergency liquidity for developing countries, which has left a gaping hole to be filled, Jin told Wednesday’s panel.

“The international global credit cycle is pretty much based on US monetary policy. But US monetary policy is designed to serve US domestic conditions, not the international arena,” she said.

“So I think this is a place where China can play a role … [with] China being the second largest economy and not synchronised credit cycles with the US and often a big provider to emerging market liquidity.”

As the developing world’s single largest creditor after the World Bank, China has lent huge amounts of capital to fund projects via its Belt and Road Initiative – Beijing’s strategy to link more than 60 countries into a China-centred trade network, largely through investments and infrastructure projects.

In August, China announced plans to cancel a series of interest-free loans to 17 African countries amid a growing rivalry with the West and accusations that it is creating “debt traps” on the continent.

China also said it would also rechannel US$10 billion of its IMF special drawing rights – an international reserve asset managed by the international financial institution – to African countries to help with the recovery from Covid-19 pandemic and the debt crisis.

“It is time that [different types of creditors and economies] pull their resources together and come out with some sort of an architecture, which immediately addresses this kind of an emergency to prevent a cascading effect on many of the economies and ultimately leading into a global slowdown,” Sri Lanka’s Sabry added.

China and the United States also have to coordinate better among their central banks and be real global financial anchors, Jin added.

“But the current problem is that the domestic challenges in China are also great, it would like to do more international lending, but it has to be substantially cut back because of the domestic debt issues and because the economy, pretty much everywhere around the world, is doing very poorly,” she said.

But Jin stressed that despite China’s role as a substantial creditor to lower income countries, around 60 per cent of the debt flows are from the private sector, while a significant portion originates from financial institutions.

“The current issue is really a global shock and global structural problems like demographics that are pressing down on these issues. And it’s not up to China alone to resolve it,” she added.

Jin also pointed to a better design of international financial architecture, a greater representation of emerging markets voices in the coordinating process, and a greater role for China’s central bank and yuan denominated lending as crucial elements.

“Global economic growth is universally slowing down, which will affect the repayment ability of relevant countries and China’s lending ability,” said Peng Peng, executive chairman of the Guangdong Society of Reform, a think tank connected to the provincial government.

“Large-scale projects may be put on hold. In particular, the geopolitical environment is uncertain, and domestic recovery is weak. It is wise to slow down the pace of development.”

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Kumar; “The tiger who growled within the lion’s den”

The cold-blooded killing of former All Ceylon Tamil Congress (ACTC) leader and well-known lawyer Kumar Ponnambalam in Colombo on 5 January 2000 sent shock waves throughout Sri Lanka and the Sri Lankan Diaspora when it happened 23 years ago. Gaasinather Gangesar Ponnambalam known popularly as Kumar Ponnambalam was killed in his car at Ramakrishna Terrace, a lane that links Ramakrishna and Vivekananda roads on the sea side in Wellawatte. His body with fatal gunshot wounds was found slouched on the driver’s seat.

Kumar Ponnambalam was the son of Ganapathipillai Gangaser Ponnambalam (GG Ponnambalam) a famous lawyer, legislator and former cabinet minister. Kumar’s son Gajendrakumar Gangaser Ponnambalam is currently an MP in Parliament. Unlike his father GG or his son Gajen, Kumar was never able to win an election and become an MP. Nevertheless he was for more than two decades an active politician championing Tamil rights courageously in Sri Lanka and abroad.

The circumstances surrounding Kumar Ponnambalam’s murder were described in detail in an article headlined “The killing of Tamil Congress Leader Kumar Ponnambalam” by this column on 14 June 2023. This follow up article will focus on who was allegedly responsible for Kumar’s death though none have been prosecuted or convicted in the past 23 years.

As stated in the previous article, “The Sunday Leader” newspaper edited by Lasantha Wickrematunge gave wide coverage to the Kumar Ponnambalam murder in the months that followed. As is well-known The Sunday Leader motto was “unbowed and unafraid”. I also used to write several articles and columns for Sunday Leader then. The newspaper boldly published many news items and articles that exposed the powers that be on multiple fronts. Ultimately Lasantha paid the supreme price when he was brutally killed in broad daylight at Ratmalana on 8 January 2009.

The Sunday Leader published many articles and news stories relating to the Kumar Ponnambalam killing in those days. Many of these were under the by line “The Insider”. Some were by senior journalist Frederica Jansz who succeeded Lasantha as editor later. Among these Sunday Leader scoops was the confidential report submitted by SSP Bandula Wickramasinghe to the then president Chandrika Bandaranaike Kumaratunga.

SSP Wickramasinghe’s report

This report implicated the sons of the then Power and Energy cabinet minister and deputy defence minister Anuruddha Ratwatte’s sons Mahendra and Lohan Ratwatte. The report by SSP Wickramasinghe dated 7 September 2000 was published in The Sunday Leader of 23 December 2001. This is what the report stated:

Report of Senior Superintendent of Police to President Kumaratunga

Chandrika Bandaranaike Kumaratunga,

Her Excellency the President,

The Democratic Socialist Republic of Sri Lanka,

Temple Trees,

Colombo 03.

Bandula Wickramasinghe,

Senior Superintendent of Police,

Director, Colombo Detective Bureau.

No. 50, Gregory’s Road, Colombo 7, Sri Lanka.

September 7, 2000

Your Excellency,

Report on Mr. Mahen Ratwatte and Mr. Lohan Ratwatte

Herewith I annex a report on the above subjects, as requested by Your Excellency

On July 28, 2000 a case of house breaking and theft was reported, the stolen goods were valued at Rs. 1.3 million. The Colombo Detective Bureau sleuths arrested the main suspect Mohammed Thahir and he confessed that he had given a brand new ‘Hoover’ vacuum cleaner valued at Rs. 20,000 to one Sudath Ranasinghe RPC 12559 attached to the Sri Lanka Police Reserve Head Quarters. RFC Ranasinghe was arrested and he too confessed that the stolen vacuum cleaner was given as a gift to Mahen Ratwatte who is employed at George Steuarts. Mahen Ratwatte who is the son of the Honourable Minister of Power and Energy and Deputy Minister of Defence Anurudha Ratwatte. On the statement made by RPC Ranasinghe the vacuum cleaner was recovered from the house of Mahen Ratwatte at Link Homes housing scheme at Madiwela.

On May 21, 2000 the officer in charge of CDB, IP Nuwan Vedasinghe received a call from RPC Ranasinghe and he had stated that the president of the All Ceylon Tamil Congress, Kumar Ponnambalam (Attorney-at-law) was murdered by his henchmen, namely underworld activists Moratuwa Saman and Sujeewa, on the instigation of Mahen Ratwatte. Few weeks prior to the assassination of Ponnambalam, Mahen Ratwatte had told Moratuwa Saman and RPC Ranasinghe in Sinhalese ayi yakko sinhala minissu marannay, puluwannam ara Kumar Ponnambalam jathi wadi wagay thadi demelek marapanko. As per the instigations of Mahen Ratwatte, RPC Ranasinghe master planned the assassination and got friendly with Kumar Ponnambalam, posing as one ‘Shantha.’

On January 5, 2000 ‘Shantha’ personally went to the house of Kumar Ponnambalam’s around 8.30 in the morning and lured him promising …………. As arranged, Moratuwa Saman and Sujeewa waited for the arrival of Ponnambalam, and the both of them fired five rounds from their pistol. Ponnambalam succumbed to his gunshot injuries. After the assassination, the RPC immediately informed Mahen Ratwatte about the killing.

On May 21, 2000 RPC Ranasinghe contacted OIC CDB, from telephone number 08-223993 which is at the guesthouse belonging to the Petroleum Corporation at No. 15, Dumindu Mawatha, Watapoluwa, Kandy. I too contacted RPC Ranasinghe on the above telephone number and he informed me that the most wanted underworld criminal Dhammika Perera is present at the above guesthouse. RPC Ranasinghe promised to surrender to the CDB, and informed me and the OIC CDB to make him a crown witness. But however, he was prevented from surrendering by Mahen Ratwatte. I contacted Mahen Ratwatte and spoke to him requesting from him to surrender RPC Ranasinghe, but Mahen Ratwatte prevented his appearance and told me ‘why are you worried, all the top people know about the assassination.’ Though several requests were made to Mahen Ratwatte by me and my OIC IP Nuwan Vedasinghe, RPC Ranasinghe surrendered to the Mount Lavinia courts.

Harbouring of underworld criminal Dhammika Perera of Rajagiriya

Besides the information provided by RPC Ranasinghe, my private informants have brought to my notice that Ranasinghe had been harboured by Lohan Ratwatte and Mahen Ratwatte and at present Dhammika is being kept at his mothers home on top of a hill close to Mahiyawwa cemetery, Kandy. It is also common knowledge amongst Kandy residents that Dhammika Perera travels along with Lohan Ratwatte in a tinted four-wheel drive vehicle.

My private informants have also brought to my notice that during the Wayamba elections, Lohan and Mahen Ratwatte had been transporting Dhammika Perera in their Pajero vehicle for their protection.

Dhammika Perera is one of the most wanted under world criminals, wanted for 17 murders:

Bandula Wickramasinghe,

Senior Superintendent of Police, Director, Colombo Detective Bureau

“Wikipedia” entry on the killing

The “Wikipedia” summarised most of the reports and articles in The Sunday Leader about the killing in its entry on Kumar Ponnambalam. Here are extracts from Wikipedia:

“According to The Sunday Leader Ponnambalam’s killing was organised by Baddegana Sanjeewa, a member of Kumaratunga’s Presidential Security Division. Acting on Sanjeewa’s instructions Reserve Police Constable Sugath Ranasinghe, posing as Shantha, became friendly with Ponnambalam. On the day of the killing Shantha lured Ponnambalam to Wellawatte where gangsters M. A. Kalinga (alias Moratu Saman) and Tharawatte Ajith (alias Sujeewa) were waiting to kill Ponnambalam. After the killing, the killers are alleged to have gone to the office of a deputy minister and shown the murder weapon, which belonged to Mahendra Ratwatte, Kumaratunga’s second cousin and son of deputy defence minister Anuruddha Ratwatte, and Ponnambalam’s mobile phone as proof.”

“According to The Sunday Leader Kumaratunga tried to protect Ponnambalam’s killers after the assassination. In February 2002 The Sunday Leader published a transcript of a telephone conversation between Ranasinghe and OIC Nuwan Wedasinghe of the Criminal Detective Bureau (CDB) which further implicates Mahendra Ratwatte in Ponnambalam’s killing. The Sunday Leader has claimed that it has received a sworn affidavit from CDB director SSP Bandula Wickremasinghe that Mahendra Ratwatte was involved in Ponnambalam’s killing.”

“Ranasinghe, Moratu Saman and Sujeewa were eventually arrested by the police after which Ranasinghe implicated in Mahendra Ratwatte in Ponnambalam’s killing. According to the police the three detainees had confessed to killing Ponnambalam and Satana editor Rohana Kumara on a contract from a private party/patriotic group.”

“Sanjeewa was shot dead on 2 November 2001, allegedly by Dhammika Perera, a member of the Sri Lankan mafia. His body was found slumped in the driver’s seat of his Nissan Serena, with six shots in Pagoda Road, Colombo.”

“Notorious gangster Moratu Saman was shot dead on 18 May 2003 in Moratuwa by gangster Thoppi Chaminda.”

“Ranasinghe was shot dead on 20 August 2003 in Moratuwa as he returning from Moratuwa Magistrates’s court in a rickshaw.”

Mahendra Ratwatte

It could be seen therefore that three of the four suspects implicated in the Kumar Ponnambalam killing were themselves killed subsequently. None were charged in courts over Kumar’s murder. Mahendra Ratwatte who had allegedly encouraged or instigated the killing was reportedly quizzed by the Police and let off. Though 23 years have passed the Police have not indicted anyone. Ironically two reserve Police constables and two underworld gangsters are allegedly involved in Kumar Ponnambalam’s killing. Kumar’s death was a great loss to the Tamil people.

Service to Tamil community

A commendable feature about Kumar was his service to the Tamil community as a lawyer. There was a time when Kumar was a successful lawyer arguing a variety of cases and minting money in the process. He even learnt Sinhala and conducted his cases in that language. He had transformed himself later into a virtual Tamil rights lawyer. Most appearances were over PTA and emergency regulation detentions, cases under PTA, writs of habeas corpus, trials relating to alleged army offences like the Kokkatticholai massacre and cases of human rights violations.

He took up unpopular causes like appearing for some of the accused in the Central Bank bombing incident for example. At the same time he had his own code. When some of his clients were implicated in the attempted murder of EPDP leader Douglas Devananda at the Kalutara jail he refused to appear for them. It must be remembered that when Kumar took his oaths (owing allegiance to Sri Lanka’s unitary constitution) under the Sixth Amendment, he explained it as being necessary to retain his eligibility to practise his profession as a lawyer.

Kumar Ponnambalam was also very frank and forthright. To use a cliche he did not mince his words. Diplomacy was absent. This earned him a lot of enemies. Also it sometimes blunted his communicative capacity. Nevertheless it has to be acknowledged that he did not hesitate to confront the high and mighty in the process. By doing so he drew attention to many of the acts of commission and omission affecting the Tamil people.

Criticism of Kumaratunga

At a time when most Tamil politicians in the Island had only praise for Chandrika Kumaratunga’s magnanimity it was the lot of Kumar to dissent. He was in that sense the irrepressible boy who shouted out that “the emperor had no clothes”. Kumar Ponnambalam was the one man Tamil opposition to the PA regime, and his criticism of President Kumaratunga was quite vitriolic.

Another remarkable thing about him was his courage. He seemed to have acquired an immense degree of personal and political courage over the years. As to whether the abrasive style and content of the challenges posed by him achieved any worthwhile result is another matter but there is no denying that his very act of confrontation itself was a factor to be reckoned with.

As he himself has stated on more than one occasion Kumar believed that a Tamil had to say what he had to say staying right in Colombo. There was a time when his father aroused a collective Tamil pride within the community by his slogan “Thamilan endru solladaa, Thalai nimirnthu nilladaa” (State you are a Tamil and stand erect holding your head high). In recent times the son personified that slogan.

Display of courage

This display of courage has been described as foolhardy and exhibitionistic by his critics. Yet there is no denying that it did strike chords that were mutually antagonistic. Many Tamils were impressed by Kumar while most Sinhalese were angry. In particular Tamil expatriates, who took very little notice of him earlier were amazed at Kumar’s bravura. Whenever he travelled abroad he was always asked how he was courageous enough to stay on in Colombo and take on the Government openly. Kumar would reply with characteristic immodesty, “It’s in my blood”.

His open support of the LTTE in particular made a great impression. He has been described as the “Tiger who growled within the lion’s den”. He was very much a darling of the Tamils abroad. He may have never won an election in Sri Lanka but if he solicited expatriate Tamil votes Kumar would have been a sure winner.

Another notable trait was his persevering fighting spirit and never say die attitude. His party the All Ceylon Tamil Congress had become a caricature of its former self. Only a handful of members remained Kumar himself had been consistently rejected by Tamil voters, be it in Jaffna or Colombo. A lesser person would have called it quits and retired to enjoy a luxurious lifestyle that was very possible given his immense wealth. But this man would bounce back each time and move on from election to election.

His greatest political ambition was to enter Parliament, a goal that constantly eluded him. Nevertheless by his political resilience and recent reorientation of his political ideology Kumar managed to endear himself to a large segment of the Tamils.

Whatever Kumar Ponnambalam’s new strident Avatar in politics those who knew him well were aware that he was not a Tamil racist though he espoused an extremely hawkish Tamil line. In that respect he was very much a mirror image of some counterparts in Sinhala politics who mouth communal drivel but in personal life are non-racist.

Son of Colombo soil

Kumar was in reality a Colombo Son of the Soil. He was in his element when going for the Royal Thomian. It was his background and connections that enabled him to a very great extent to remain in Colombo and espouse the Tiger line. It was also that which helped greatly in getting his point across to the Sinhala dominated media.

But another aspect that helped him in his lifestyle that bordered on political brinkmanship was the fact that he was never taken seriously by the English speaking elite. To them he was merely GG’s “Junior”. Indeed Kumar’s predicament in his younger days was his being compared and contrasted with his father. Ponnambalam senior was the standard by which Ponnambalam junior was measured. It took years for him to outgrow this. Despite his controversial views those who knew him well regarded him only as an “enfant terrible” of Tamil politics. Despite his tigerish growls to some he was at best like Chairman Mao’s description of imperialism – a paper tiger.

Sadly the enfant terrible of Tamil politics was perceived by some sections of the Sinhala masses as a dangerous Tiger living in their midst. Kumar himself contributed to that perception by his public pronouncements and writings. The real LTTE cadres in Colombo do not advertise the fact that they are LTTE for obvious reasons. But Kumar though no disciple of Prabhakaran was asserting that he was a follower of the Tiger philosophy.

As the LTTE itself has stated in the statement issued after Kumar’s death, he was the “only Tamil leader who openly and fearlessly supported the armed freedom struggle of the Liberation Tigers”. He kept on flaunting it in the face of his adversaries and went on taunting them.

Challenges to the State

According to Kumar’s relatives, he knew death was inevitable. Yet he carried on as usual, issuing challenges to the State. When President Kumaratunga issued a warning to supporters of the LTTE in Colombo, Kumar took up the challenge and brazenly flung down the gauntlet.

One supposes that those who ordered Kumar’s assassination must have been pleased with themselves for getting rid of Kumar dubbed as the “de facto spokesperson of the LTTE in Colombo”.

But what was lost on these killers was the fact that Kumar being alive was a living testament to the tolerance of Sinhala society. As long as he was allowed to speak out fearlessly and forthrightly from Colombo, the democratic credentials of the governments in power were enhanced. The fact that Kumar could speak, write and act the way he did was proof of the permissiveness and accommodative ability of the “Sinhala” state. The fact that many newspapers, owned and edited by Sinhalese provided considerable space to publish his articles and statements was also an extension of this tolerant state of mind. In that respect the felling of Kumar in one stroke or to be exact two rounds of gunfire reflected perhaps, a changing situation in Sri Lankan society towards intolerance.

(The writer can be reached at dbsjeyaraj@yahoo.com.)

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Petitions against postponement of LG polls: SC rejects preliminary objections by the State

The Supreme Court yesterday (27) rejected preliminary objections filed by Attorney General Sanjay Rajaratnam and Secretary to the Ministry of Finance Mahinda Siriwardana, seeking the dismissal of two Fundamental Rights (FR) petitions filed against the postponement of the 2023 Local Government (LG) elections.

The two FR petitions have sought a court order confirming that the postponement of the 2023 Local Government elections was a violation of the public’s fundamental rights.

The relevant order was issued by a five-member bench of the Supreme Court, comprising Justices Buwaneka Aluvihare, Priyantha Jayawardena, Vijith Malalgoda, Murdhu Fernando and Gamini Amarasekara.

Two FR petitions were filed by the National People’s Power (NPP) and the People’s Action for Free and Fair Elections (PAFFREL), seeking a court order that the postponement of the 2023 LG polls, which were initially due to be held on 09 March, was a violation of the fundamental rights of the people of Sri Lanka.

Gazette issued to convene Parliament on Saturday

Speaker Mahinda Yapa Abeywardene has issued a special Gazette notification convening the Parliament at 9.30 a.m. on Saturday (01 July).

Earlier on Sunday (25), the ruling party MPs had reportedly been notified to remain in Colombo by cancelling all other visits outside Colombo including overseas travel, since the debt restructuring proposal is scheduled to be tabled in the Parliament for adoption this week, as per the political sources.

However, President Ranil Wickremesinghe had also mentioned that the debt restructuring programme will be presented to the Cabinet on Wednesday, and that it will be presented to the parliament and before the Committee on Public Finance (COPF) on Friday (30).

Speaking in an interview with FRANCE 24 on the sidelines of the Summit for a New Global Financing Pact in Paris, he also stated that the programme will be debated in parliament on Sunday and will be approved by parliament.

World Bank to provide $500 mn budgetary support to Sri Lanka

Sri Lanka will enter into an agreement with the World Bank for $500 million in budgetary support after the cabinet approved it on Tuesday, the biggest funding tranche for the crisis-hit nation since an International Monetary Fund deal in March.

The island nation of 22 million is emerging out of its worst economic crisis in seven decades and its economy is expected to shrink 2% this year before returning to growth next year, following last year’s record contraction of 7.8%.

Reuters reported last week that the World Bank is likely to approve $700 million in budgetary and welfare support for Sri Lanka at its board meeting on June 28, out of which $200 million will be for welfare programmes.

The government said on Tuesday that funding from the lender will come in two tranches.

Source – Reuters

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The black holes of mass graves BY Sumudu Chamara

If the Government of Sri Lankan is serious about dealing with the past, it must commit to having international observers at all exhumations of mass graves, for the country has failed to achieve satisfactory results despite decades of various forms of attempts. Strengthening the domestic legal and policy frameworks, ensuring transparency, and genuine and knowledgeable interventions by the political authority is necessary, if the country is to succeed in dealing with the exhumation of mass graves.

This was underscored by several human rights organisations, at the launch of a joint report titled “Mass Graves and Failed Exhumations in Sri Lanka”, which was released last week in Colombo. Among the organisations that were involved in the drafting and issuing of the report were the Journalists for Democracy in Sri Lanka (JDS), the Families of the Disappeared (FoD), the Centre for Human Rights and Development (CHRD), the International Truth and Justice Project (ITJP), the International Centre for Ethnic Studies (ICES), and the Women’s Action Network (WAN). Activists and affected families addressed the event.

ITJP Executive Director Yasmin Sooka noted that documenting the crimes, collecting the evidence and preserving it is just the first step, and that even 30 years later, the struggle for truth, without which the guarantee of non-recurrence remains elusive, is still ongoing. She added: “Accountability is not an optional exercise; it is essential for building a future for all Sri Lankans.”

Meanwhile, expressing concerns that after three decades and 20 attempted exhumations, only a handful of bodies have ever been identified and returned to families, FoD’s Brito Fernando said: “We all know that tens of thousands of bodies lie in shallow graves all over the island, so we cannot describe this dismal rate of progress as bad luck. It is a clear lack of political will.” Expressing similar sentiments, CHRD Executive Director and attorney K.S. Ratnavale, who has represented families in mass grave cases, also opined that there is a total lack of political will with regard to mass graves-related investigations and enforced disappearances in Sri Lanka.

Decades of failure

“The multiple failures in exhumations provide further evidence that the Government is unable or unwilling to ensure accountability for the alleged commission of core international crimes and other serious human rights violations, regardless of when they happened or during which conflict,” the report concluded, adding that this is in total violation of the rights of victims, including their right to truth. In this context, it added, the Government is obliged to develop measures to fulfill the rights of individuals seeking information on the reasons for and circumstances of the abuse suffered, which includes investigations of gross human rights abuses resulting in mass graves.

Adding that under international law, the State is obliged to take a number of positive and affirmative actions with regard to mass graves, the report explained: “Under international law, the protection of the sites of mass graves is of paramount importance in order to preserve the integrity of the remains, the associated evidence and the lines of enquiries. Protection measures should safeguard human remains against contamination, desecration, robbery, scavengers and the movement and relocation of bodies to secondary sites, where a perpetrator is seeking to evade detection. If a State lacks the political will, or is unable to fulfill these obligations, the international community has a responsibility to assist. If the Office on Missing Persons (OMP) as a State body, is unable to assist victims’ families and to perform this role in an independent and transparent manner, then the international community including the International Committee of the Red Cross (ICRC) or International Commission on Missing Persons (ICMP) needs to step in.”

The report raised concerns about the genuineness and impartiality of the steps taken to look into the issues pertaining to mass graves, claiming that many of the failures identified in the report, including the lack of involvement of the families, the limited forensic capacity, the unclear procedures, and political interferences, among others, amount to deliberate steps by the State to thwart the victims’ right to know the truth, which it said were in violation of international and domestic law. These failures have also been recorded by key United Nations (UN) Special Procedures, including the UN Working Group on Enforced or Involuntary Disappearances (WGEID) and the UN Special Rapporteur on truth, justice, reparations and guarantees of non-recurrence, regarding which the Special Rapporteur has stated: “It is unusual for middle-income countries like Sri Lanka to have such problems.” “Sri Lanka urgently needs to improve its scant expertise on the investigation and prosecution of ‘system crimes’, in other words, crimes that involve the systematic and coordinated use of State organs and those that result in large-scale violations and abuses of international human rights or international humanitarian law. This would include specialised expertise on investigations, forensics and the design of prosecutorial strategies. Improving judicial capacities regarding system crimes is as necessary as it is urgent.” This is in a context where, though some progress has been made since the said Special Rapporteur’s last visit to Sri Lanka in 2017 and the 2020 report, including through the work of the OMP, much remains to be done in order to ensure that exhumations are done in line with international standards and established good practices.

The report further underscored in its conclusion that Sri Lanka also needs to enact a specific law and policy governing the management of mass graves, including their identification, preservation and investigation over time and for future generations. This may include establishing a legal entity that is independent of politicians and is transparent.

Way forward

A number of steps need to be taken to address the abovementioned situation, as per the report, which put forward recommendations for the Government with regard to restoring past exhumations, and for the OMP and the international community including the ICRC and the ICMP with regard to future exhumations.

The Government was urged to take a number of steps concerning the affected families. Appointing a family liaison officer for each of the exhumations where relatives continue to wait for answers, actively engaging with people who suspect their relatives to be among the bodies exhumed, giving relatives an opportunity to identify the remains and any possessions and artifacts recovered to date, returning any identified remains to their families, and ensuring that psychosocial support is provided to victims’ families, particularly when in contact with law enforcement officers, were among them.

Among the other recommendations were, enacting a specific law and policy on the management of mass graves and exhumations, which includes their identification, preservation and investigation over time, regarding which it was noted that preservation should include the safe storage of skeletal remains removed from graves or the soil and to ensure that the chain of custody remains intact. Establishing a legal entity made up of representatives of the Government, local authorities, forensic experts, families and communities concerned to have oversight of the issue of mass graves and exhumations, was another recommendation. In addition, the Government was recommended to refrain from conducting any new exhumations until the new legal and policy framework is in place and the forensic capacity has been fully strengthened, and to enact the proposed Inquest Act, commit to always having international observers at any exhumations and to actively involve international forensic experts whenever the complexity of the task requires it, restructure the Attorney General’s (AG) Department, create an independent public prosecution service in order to ensure that any prosecutions resulting from the exhumations are conducted in an independent and impartial way, send Sri Lanka’s preliminary report to the Committee on Enforced Disappearances after full consultation with the civil society and families of the disappeared, strengthen the OMP, and drawing up a national exhumation policy, clarifying the role of individual agencies as part of the national transitional justice policy.

The recommendations for the OMP and the international community including the ICRC and the ICMP included, establishing a professionally-skilled specialist unit to probe into the locations of other possible mass graves, reinforcing their forensic capacity and ensuring that it has adequate resources, examining without undue delay all locations of potential mass graves and creating a database to ensure their protection, and strengthening judicial independence, including in respect of the security of their tenure, the conditions of service, personnel administration and disciplinary matters in the judiciary including promotions and dismissals as well as training on international crimes.