Charges read before 25 Easter attack defendants including Naufer Mawlwai

The reading of the charges filed against Naufer Mawlawi and 24 others over the 2019 Easter Sunday terror attacks commenced at the Colombo High Court this morning (31 March).

The charges were read out before a three-judge bench of the Colombo High Court, comprising of Justices Damith Thotawatte, Amal Ranaraja and Navaratne Marasinghe, in the presence of the 25 defendants.

The Attorney General filed a case against 25 defendants including Naufer Mawlawi, Sajid Mawlawi, Mohammed Milhan, Sadiq Abdullah, Aadam Lebbe, Mohammed Sanasdeen and Mohammed Rizwan, on 23,270 charges pertaining to the aiding, abetting and conspiring of the 2019 terror attack.

The charges filed under the Prevention of Terrorism Act (PTA) include conspiring to murder, aiding and abetting, collecting arms and ammunition and attempted murder.

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Proposed “anti-terror” bill set to introduce death penalty and break existing human rights violations record

The ICJ is concerned that the newly proposed anti-terrorism legislation, if adopted as currently formulated, will give rise to a panoply of human rights violations and, much as the existing “Prevention of Terrorism Act”, is open to misuse.

On 22 March 2023, the government of Sri Lanka published the proposed 97-page “Anti- Terrorism Bill” (Gazette notification dated 17 March 2023), which, if adopted, would replace the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 (PTA). The Bill purports to do away with the provisions of the PTA that were considered in violation of international human rights law.

However, the International Commission of Jurists (ICJ) is extremely concerned, in particular, by clause 4(1)(a) of the Bill, which, if adopted in its current formulation, would introduce the death penalty for “the terrorism offence of murder”. Sri Lanka has been a de facto abolitionist country for decades, given that a moratorium on executions has been in place in Sri Lanka since 1976. The ICJ is opposed to the death penalty in all circumstances, as a violation of the right to life, and as the ultimate cruel, inhuman and degrading punishment.

“Purported threats to national security, whether or not arising in connection with acts of ‘terrorism’, should not be used as a justification for the death penalty”, said Livio Zilli, ICJ’s Senior Legal Adviser.
The Bill does feature certain improvements on the PTA, such as:

— the removal of a provision pursuant to which a detainee’s confession to a police officer without the presence of the detained person’s lawyer is admissible;

— the requirement for the arresting officer to issue a document notifying the arrest to the next of kin of the accused immediately or at least within 24 hours;

— employing women police officers to arrest/question and search women;

— guaranteed access to translation in a language of the accused’s choice of information relating to the arrest; and

— an obligation to bring the detainee before a magistrate every 14 days when the person is detained without a Detention Order (DO).

However, the ICJ considers that the Bill’s other problematic aspects clearly outweigh the positives. In addition to the above-mentioned concern about the introduction of the death penalty, of particular concern is the overbroad and vague definition in clause 3 of “acts of terrorism” that can be interpreted in a manner that stifles dissent and to crush peaceful protests. Clause 16 further identifies disobeying any direction issued under the Act as a “terrorist offence”. This creates a fresh category of offences likely to be misused by the present government and future administrations against any kind of opposition.

“If enacted as currently formulated, these vague and overbroad offences, similar to and building up on those contained in the PTA, are open to abuse and, as such, they violate Sri Lanka’s international legal obligations and the country’s own constitutional guarantees under Article 13,” said Livio Zilli.
A key precondition to a fair trial under international law is that criminal offences must be prescribed by law and conform to the principle of legality. The principle of legality requires that crimes be classified and described in precise and unambiguous language that narrowly defines the punishable offence with a clear definition of the criminalized conduct, establishing its elements and the factors that distinguish it from conduct that is not criminally proscribed. Criminal law must not proscribe any act or omission in terms that are vague, imprecise, arbitrary or overly broad. Vague laws undermine the rule of law because they leave the door open to selective and arbitrary interpretation, law enforcement and prosecution.

Moreover, if enacted in its current form, the bill would provide limited judicial oversight while granting law enforcement officials additional powers than those they currently enjoy under the PTA. For example, under clause 28 (2)(a) the Magistrate may not review a detention order made by any Deputy inspector general of police (DIG) in the country. Pursuant to clause 28 (b) (iii) as currently formulated, when a detention order has not been issued or placed before the Magistrate, a Magistrate could discharge an accused only if the Officer-in-Charge of the police station requested it and the Magistrate agreed to it. Such provision infringes the separation of powers by arrogating to the police a power that is properly that of the judiciary — in this instance by making the decision of the Magistrate to discharge the accused dependent upon the Officer-in-Charge requesting the accused’s discharge in the first place.

The maximum period of detention under a detention order is 12 months (clause 37) with the police having to file a confidential report that includes the allegation against the accused, the investigation’s findings and the reasons for further detention, with a Magistrate after the first three months (clause 36). The Magistrates cannot review a detention order ordered by a DIG. In the absence of a detention order, the accused is to be brought before a Magistrate every 14 days (clause 38).

While the Bill allows for Magistrates to visit places of detention and for the accused to have access to lawyers, Sri Lanka’s experience under the PTA in the last 44 years has shown that such safeguards do not offer much protection since Magistrates often do not have the time to visit places of detention, such as prisons, due to their workload. Similarly, even if detainees are granted access to lawyers, it has rarely ever been in private.

If adopted as currently formulated, the Bill would establish two bodies, namely the Board of Review chaired by the Secretary of the Ministry of Defence, and an Independent Review Panel to be appointed by the President, purportedly to ensure oversight. However, such bodies would lack the required independence necessary to carry out any effective oversight of the enforcement of the law. Rather, it would seem that, instead of acting as necessary checks on police abuses, both bodies would likely be helpful in concealing any irregularities that may characterize the legislation’s enforcement.

The Bill also empowers the President to proscribe organizations on the recommendation of the Inspector General of Police (IGP) or of the government if there are ”reasonable grounds to believe” that the concerned organization has engaged in an act amounting to an offence under the proposed law or in “an unlawful manner prejudicial to the national security of Sri Lanka” (clause 82).

The President may also declare any place: a ”prohibited place,” if so requested by the IGP or the commanders of the armed forces or the Director General of the Coast Guard (clause 85). There is no time limit set for the period of prohibition and any place can potentially be declared a “prohibited place”. This easily allows for repression of any dissent since the police need not have to go before the Magistrate to obtain time limited restraining orders against protests as is the current practice, but instead, immediately get the site of protest declared a prohibited place. Such acts violate the right to be free from arbitrary arrest as per Article 13 of the Constitution, as well as the freedoms of speech and expression, of peaceful assembly and of association all protected under Article 14 of the Sri Lankan Constitution.

Further, the President may also issue regulations to implement “rehabilitation programmes” for persons for whom the Attorney-General has recommended a deferment or suspension of criminal action (clause 100). This is especially concerning since, in the past, accused persons have been coerced into accepting “rehabilitation”, particularly in cases where the State has had little or no evidence to put them on trial.

The ICJ has consistently called for the repeal of the Prevention of Terrorism Act, which has been used to arbitrarily detain suspects for months and often years without charge or trial, facilitating torture and other abuse. United Nations human rights bodies, including most recently the Human Rights Committee, have consistently called on Sri Lanka to enforce a moratorium on the use of the Prevention of Terrorism Act pending repeal and to repeal the Act. In this connection, the ICJ renews its call on Sri Lanka to repeal the PTA and immediately halt attempts to replace it with an even worse piece of legislation, as it is the case with respect to the current draft of “the Anti-Terrorism Bill”.

India, Japan announces joint interest in co-operation with Sri Lanka for free, open Indo-Pacific

The envoys of India and Japan envisaged joint cooperation with Sri Lanka for enhancing regional connectivity.

Japanese ambassador Mizukoshi Hideaki and Indian High Commissioner Gopal Baglay made remarks in this regard at the function to mark the launch of the report compiled by the Pathfinder Foundation themed “A Medium and Long-term Strategy for Indo-Japanese Collaboration to Support the Economic Transformation of Sri Lanka” with inputs from a group of experts.

The Indian High Commissioner said India and Japan share wide-ranging interests in a peaceful, progressive and prosperous Indo-Pacific, and the Japanese Prime Minister recently visited India and outlined his vision for a free and open Indo-Pacific.

Asserting that Sri Lanka is an important member of the Indian Ocean Rim Association (IROA) countries, he said there is a great deal of opportunity for India, Japan and Sri Lanka to work together for the prosperity of people here and the benefit of all sides.

“This should be in accordance with the priorities of Sri Lanka,” he said.

“Sri Lanka is at the happy confluence of three important pillars of India’s foreign policy,” he said.

The Japanese ambassador said over the years, Japan and India have had a positive impact on the region.

“I believe that connectivity is the best area to showcase how two countries can bring tangible benefits to the entire region including Sri Lanka. To this end, perspectives and insights from countries in the region are critical, and this report precisely addresses that,” he said.

He said, during Japanese Fumio Prime Minister Kishida’s recent visit to India, the two leaders exchanged views on cooperation with Sri Lanka and agreed to work closely together, including on Sri Lanka’s debt issue.

“As for the debt issue, on March 20, the IMF Executive Board greenlighted the Extend Fund Facility to Sri Lanka. Japan highly values this as a significant step forward for the revitalization of the Sri Lankan economy. Japan also appreciates India’s letter of financial assurance in January. I am confident that Japan and India will continue to contribute to Sri Lanka’s economic development, utilizing our expertise and complementarity,” he said.

Outlining the Japanese prime minister’s vision on a free and open Indo-Pacific, he said Mr. Kishida stressed the importance of “multi-layered connectivity” as a core element of cooperation, to increase each country’s options to pursue economic growth in a way that benefits everyone. In this regard, he mentioned South Asia as one of the important regions for our cooperation.

“I sincerely hope that this year will be the beginning of an economic revival and a springboard for further development for Sri Lanka. I believe that Sri Lanka could greatly benefit from India, a regional economic power with a large market, and Japan, a long-standing partner in Sri Lanka’s socio-economic development, for its medium-to-long-term economic development,” he said.

Belarus’ Industry Ministry seeks to build cooperation with Sri Lanka

The Industry Ministry of Belarus would like to build cooperation with Sri Lanka across a wide range of areas, Belarus’ Deputy Industry Minister Aleksandr Yefimov said as he met with Minister of Transport and Highways and Minister of Mass Media of Sri Lanka Bandula Gunawardena, BelTA reported according to an Industry Ministry press report.

The talks were attended by Ambassador Extraordinary and Plenipotentiary of Sri Lanka to Russia with concurrent accreditation to Belarus Janitha Abeywickrama Liyanage, Honorary Consul of Sri Lanka to Belarus Dmitry Ruzanov and top managers of Belarusian industry giants.

Yefimov noted that it is very important for the Industry Ministry to promote trade and economic cooperation with Sri Lanka. “We have tremendous practical experience, skills, and competencies in mechanical engineering and are ready to share them with Sri Lankan partners. I am sure that a wide range of Belarusian engineering products will be in demand in Sri Lanka,” said the deputy industry minister.

According to Aleksandr Yefimov, cooperation in tractor making holds a lot of promise. Belarus is ready to offer the entire lineup of tractors, including tractors for agriculture and public utilities. In addition, a number of enterprises affiliated with the Industry Ministry produce all kinds of agricultural machinery.

“Thus, we can offer a turnkey solution, from the supply of equipment to its maintenance and warranty service. This can become a locomotive of bilateral cooperation,” the deputy minister informed.

For his part, Bandula Gunawardena showed a great interest in buying Belarusian electric buses and tractors. “We are ready to consider various cooperation options and assist in the implementation of joint projects,” he noted.

As a result of the talks, a decision was taken to form a package of proposals on potential areas of cooperation.

Tamils mobilise against destruction of ancient temple, call for mass protests

Further details have surfaced following the destruction and vandalism of the Athi Lingam and theft of various consecrated items from the temple. The Athi Sivan Kovil atop the Vedukkunaari mountain in Vavuniya, which has been a place of worship for Tamil people for many generations has been renamed as Waddamana Parwatha Viharaya on Google Maps. Additionally, the Archaeological Department of Sri Lanka has declared it to be an ancient Buddhist site.

In the past few months, the Archaeological Department had obstructed the temple administrators and worshippers by banning them from entering into the temple premises. This follows a case filed against the temple administrators by the Archaeological department at the Vavuniya Magistrate course in 2021.

The destruction of a heritage site of Tamil people has not only caused great distress among the public, but also has elicited strong condemnation of the destruction and vandalism. In the morning of 27th March, the Temple administrators lodged a complaint against the destruction and vandalism at the Nedunkerny Police station and students protested against the incident in front of the Jaffna University. They raised slogans such as “The Buddha who detached himself from the mind, is attached to our land”; “Is there no end to the hubris of Saffron robed monks?”; “Army, Navy, get out of our land,” “Archaeological Department, get out.”

One of the slogans “Vedukkunaari, Katchatheevu, Delft are our heritage” highlighted the ongoing rapid Sinhalisation of the Tamil homeland.

The temple administrators also made a complaint at the Human Rights Commission in Vavuniya against the Archaeological department, whom they suspect to be behind the destruction of the temple. Following their complaint, the temple administrators spoke to the media. They said,

“Following the ban issued by the Archaeological department from us entering the temple, it was the department’s vehicles that continued to go in and out of the temple premises. This is why we suspect the Archaeological department’s involvement in this act of vandalism. Everyone can see the ongoing Sinhala colonisation. This has caused great distress and we strongly condemn these acts.”

A protest involving multiple faith leaders took place in Nallur. Following these incidents many public figures in the North have come forward to express their concerns over these developments. Particularly, Fr Sakthivel, a long-standing advocate for Tamil rights said,

“The destruction of the Vedukkunaari mountain temple is a well-coordinated political move that is rooted in racism to provoke Saiva people into committing violence. Not only do we have to condemn these acts, but if we don’t call out the politics of it, the religious leaders, those in power, including Tamil politicians, we will experience a Mullivaikkal of politics.”

The temple administrators have also issued a public call to a mass protest against these incidents. The protest will be held on Thursday, 30th March, at 9:30am from Kandasamy Temple. The protest intends to march up to the Vavuniya District Secretariat. The administrators have called upon organizations, political parties, religious leaders, the public, and activists to join the mass protest to condemn the ongoing Sinhala colonisation.

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China’s Efforts to Pressure Sri Lanka into Signing FTA through Debt Restructurin by T B Randevg

Sri Lanka’s ongoing debt crisis has caught the attention of major global players, including China, which has been keenly interested in helping the island nation restructure its debt. Since the end of the Sri Lankan civil war in 2009, China has extended numerous loans to the country for various infrastructure projects, including a port, an airport, highways, and other significant projects.

However, concerns have been raised about the nature of China’s financial assistance and the motivations behind its debt restructuring efforts. Critics argue that China’s financial assistance is part of a broader strategy to extend its economic and political influence in the region, with Sri Lanka serving as a key location for China’s ambitious Belt and Road Initiative (BRI).

In recent years, China has been pressuring Sri Lanka to sign a Free Trade Agreement (FTA) as part of its debt restructuring efforts. The FTA would open up new markets for Chinese businesses while providing Sri Lankan businesses with access to China’s vast consumer market. However, critics argue that the deal would be heavily skewed in favour of China, leading to a flood of cheap Chinese goods into Sri Lanka and undermining the country’s domestic industries.

Moreover, some experts suggest that China’s efforts to push for the FTA may be part of a broader strategy to gain greater influence over Sri Lanka. Sri Lanka occupies a strategic location in the Indian Ocean, making it an essential part of China’s ambitious Belt and Road Initiative, which seeks to expand China’s economic and political influence in the region.

The Chinese push for the FTA has been met with opposition from some quarters in Sri Lanka, with critics suggesting that the deal would not be in the country’s best interests. Furthermore, Sri Lanka has been facing growing concerns about its growing economic dependence on China, with some experts suggesting that the country risks falling into a debt trap that could threaten its economic sovereignty.

To address these concerns, Sri Lanka has been seeking to diversify its economic ties, exploring new opportunities for economic partnerships with other countries in the region. The Sri Lankan government has also been seeking to renegotiate its debt agreements with China, with some suggesting that the country may be seeking to reduce its dependence on Chinese loans.

One of the potential Disadvantage of signing the FTA with china is the risk of job losses. Sri Lanka’s labour-intensive industries, such as textiles and apparel, could face increased competition from cheaper Chinese imports, leading to potential job losses in these sectors. This could be especially problematic for Sri Lanka, which is already grappling with high unemployment rates and a struggling economy.

Another potential disadvantage of signing an FTA with China is the risk lowered regulatory standards. As part of the FTA negotiations, Sri Lanka could be required to harmonize its regulatory regime with China, potentially leading to a “race to the bottom” in terms of labour standards, environmental protection, and intellectual property rights. This could be particularly problematic for Sri Lanka, which has faced criticism in the past for lax environmental and labour regulations.

Finally, signing an FTA with China could lead to a loss of policy autonomy for Sri Lanka. Sri Lanka could be required to abide by certain rules and regulations set forth in the FTA, potentially limiting its ability to pursue certain policies in areas such as trade, labor standards, and the environment. This could be particularly problematic if Sri Lanka’s priorities or values differ from China in these areas.

However, China’s efforts to push for the FTA continue, with some experts suggesting that the country may be using its financial leverage to coerce Sri Lanka into signing the deal. The situation in Sri Lanka highlights the risks associated with excessive reliance on foreign loans and the importance of balancing economic development with strategic interests.

In conclusion, China’s debt restructuring efforts in Sri Lanka and its push for the FTA have raised concerns about the country’s growing economic and political influence in the region. While Sri Lanka has been seeking to reduce its dependence on China and diversify its economic ties, it remains to be seen whether the country will be successful in achieving these goals. The situation in Sri Lanka underscores the importance of balancing economic development with strategic interests and the risks associated with excessive dependence on foreign loans.

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If there is no election, there is no democracy – Mahinda Deshapriya

Former Election Commission Chairman Mahinda Deshapriya has deemed the postponement of the Local Government (LG) election a ‘crime’ which affects the country’s democracy.

Speaking on the 2023 LG polls, Deshapriya stated that the postponement of the LG polls should not be justified under any circumstances, adding that it was a sorrowful situation that no country should face.

Deshapriya said he expects that the election will have taken place at least by World Youth Day in August, or on the International Day of Democracy in September.

“The problem being faced now is how this issue can be resolved. However the answer to this lies with the Election Commission, the Finance Ministry and the Treasury. Neither the media, us nor the public have the answers to this problem”, he said.

The former Chairman further noted that the postponement posed a threat to democracy, stating that if there is no election, this implies that there is no democracy.

“Democracy is inclusive of several factors, including economic freedom, cultural freedom, religious freedom and other fundamental rights. In fact, if there is no election, there is no democracy”.

Ensure fair taxes, accountability for corruption: HRW tells Sri Lankan govt

The Human Rights Watch (HRW) has urged the Sri Lankan government to ensure that policies implemented to enhance revenues do not ‘further erode’ economic and social rights and that anti-corruption reforms provide accountability.

Expressing skepticism about the USD 3 billion bailout package recently approved by the International Monetary Fund to help Sri Lanka resolve the economic crisis, the HRW said this program has structured risks further undermining the people’s economic and social rights.

Meenakshi Ganguly, South Asia director of HRW, stressed that the Sri Lankans who are struggling to make ends meet should not have to carry the burden as the economic crisis was a result of the official corruption and tax rules that benefitted the wealthiest in the country.

“The government should recognize that the public deserves real accountability, whether it’s for past war crimes or ongoing misgovernance and repression of critics.”

The executive board of the IMF approved the Extended Fund Facility (EFF) of USD 3 billion (SDR 2.286 billion) to Sri Lanka at its board meeting held March 20, allowing allow Sri Lanka to access financing of up to USD 7 billion from the IMF, international financial institutions and multilateral organizations.

Soon after receiving the approval, Sri Lanka received the first tranche of the IMF-supported 48-month extended arrangement under the EFF program which amounted to USD 333 million (close to SDR 254 million).

The human rights body called on the international financial institutions including the World Bank and Asian Development Bank (ADB) and donors to insist on transparent, rights-respecting governance in the country.

The HRW, pointing out that the IMF loan is intended to provide the island nation with a lifeline while addressing deep-rooted problems that led to the crisis situation, noted that under international law, governments and financial institutions have an obligation to respond to economic crises in a way that advances rather than further jeopardizes human rights, and should avoid pursuing policies that reduce low-income people’s access to essential goods and services.

The IMF program’s focus on increasing government revenues, rather than reducing public spending as a percentage of Gross Domestic Product (GDP), will better protect rights, the HRW said, adding that while some of the new measures are designed to increase taxes on the wealthy and eliminate tax exemptions that benefit them, the heavy reliance on value-added taxes can worsen the cost-of-living crisis.

“The government has already increased corporate tax rates and removed all sector-specific tax exemptions, according to the IMF staff report. But most new tax revenue will come from value-added taxes (VAT), which were raised from 8 to 12 percent in May 2022 and again to 15 percent in September. Basic food items remain exempt from VAT, but the government committed to VAT reform by 2024 that would remove ‘almost all’ product-specific exemptions.”

While the wealthy pay more VAT in absolute terms because they spend more, the expense makes up a much greater share of income for low-income people, HRW statement read further.

“In 2019, the amount of revenue that came from VAT and income taxes were on par, but by the end of the program, VAT is expected to make up 32 percent of all taxes, whereas income taxes would make up 21 percent.

“The program reduces the threshold for taxing annual income to Rs. 1.2 million (USD 3,694), a change that some have protested as burdening families who are already struggling to realize their rights.”

The HRW went on to urge the government to publish data on the percentage of the population that is subject to income taxes under this change and to consider advancing the introduction of taxes on property, gifts, and inheritance, which the program mandates by 2025.

The HRW also noted that the IMF program includes other measures that could harm low-income people: Calling for keeping any increase in public wages to less than inflation, effectively reducing real salaries and reducing total spending on wages from 5 to 3.6 percent of GDP; eliminating subsidies for both fuel and electricity; imposing an excise tax on fuel. However, the program does not ensure that these critical measures are carried out in a way that fulfills rather than erodes rights.

To protect rights when removing subsidies and introducing taxes for fossil fuels, the government should adequately invest in social protection, the use of renewable energy sources, and other measures to move toward a rights-aligned economy, HRW said.

The program includes a so-called “social spending floor” that would “gradually raise” spending on four cash transfer programs “to help cushion the potential impact of macroeconomic adjustment on the poor and vulnerable groups.”

“While the floor brings up total spending on these programs to 0.6 percent of GDP, it is set at far less than developing countries’ average spending on safety nets, which is 1.6 percent.”

The HRW further raised concerns about the insistence on targeting benefits based on eligibility criteria which also risks continuing to exclude people who are unable to access goods and services essential for an adequate standard of living. “The details of the new eligibility criteria and electronic registry have not been made public, but research has shown pervasive problems with targeting benefits, including high error and exclusion rates.”

Speaking on the matter, HRW’s South Asia director said it is not the time to experiment with fixing chronic and pervasive problems with targeted cash transfer programs at a time when half of Sri Lankan families are buying food on credit.

Instead of investing precious funds in new registries, the government’s focus should be on building a tax system that makes sure the wealthy pay their fair share, Meenakshi Ganguly said further.

Sri Lanka President says ethnic issue must be resolved for the country to prosper

Sri Lanka has a final opportunity to progress and it is imperative for everyone to collaborate in creating a prosperous community for future generations, without resorting to finger-pointing, emphasized President Ranil Wickremesinghe.

Delivering the keynote address at the ‘Economic Dialogue- IMF and Beyond’ panel discussion, at the Colombo Galle Face Hotel this morning (30), the President said the ethnic issue cannot be separated from the economic issue and if the country is to prosper, it must be resolved.

At the CEO Forum hosted by the Institute of Chartered Accountants of Sri Lanka, President Ranil Wickremesinghe expressed that the Government should surpass the IMF program and concentrate on establishing a thriving community for upcoming generations, emphasizing the Government’s dedication to this goal.

President Ranil Wickremesinghe reflected on Sri Lanka’s past missed opportunities for development, specifically highlighting the failure to implement Mr. D.S. Senanayake’s proposals and the Shenoy Report of 1965. He further added that the country’s progress was hindered by the ethnic issue of 1978, which impeded the chance to rebuild the country’s foundation for development.

President Ranil Wickremesinghe highlighted Sri Lanka’s potential for a green economy and stressed the urgency for the country to embark on digitalization. He further emphasized that funding should be directed towards education, health, and social security for marginalized and underprivileged groups, rather than being spent on entities such as the Ceylon Petroleum Corporation, SriLankan Airlines, and the Ceylon Electricity Board, which have already drained a significant amount of the country’s resources.

Minister of Foreign Affairs Ali Sabry, Minister of Power and Energy Kanchana Wijesekera, Minister of State for Finance Ranjith Siyambalapitiya, Minister of State for Investment Promotion Dilum Amunugama, Members of Parliament Eran Wickramaratne, M.A. Sumanthiran, Dr. Harsha de Silva, Senior Advisor to the President on National Security and Chief of Staff to the President Sagala Ratnayake, President’s Senior Adviser on Climate Change Ruwan Wijewardena, President’s Economic Adviser Dr. R.H.S. Samaratunga, Economic Advisor to the Ministry of Finance Deshal De Mel, Finance Ministry Secretary Dr. Mahinda Siriwardena, Central Bank Governor Dr. Nandalal Weerasinghe, and others attended the event.

The Panel discussion was moderated by Attorney at law Mohamed Adamaly and Ceylon Chamber of Commerce Chairman Vish Govindasamy. Chairman of Joint Apparel Association Forum Sri Lanka (JAAFSL) Sharad Amalean, BASL representative Attorney at law Harsha Fernando, Sri Lanka Association for Software Services Companies (SLASSCOM) Chairman Ashique M. Ali, Chartered Institute of Personnel Management Sri Lanka (CIPM) Chairman Ken Vijayakumar, President of Sri Lanka Institute of Marketing (SLIM) Nuwan Gamage, The Women’s Chamber of Industry and Commerce(WCIC) Chairperson Anoji De Silva, President of Institute of Chartered Accountants of Sri Lanka (CA Sri Lanka) Sanjaya Bandara, The Sri Lanka Institute of Directors Chairman Faizal Salieh participated in the Panel as members representing Professional Bodies and Chambers.

Following is the keynote address delivered by President Ranil Wickremesinghe;

Honorable Minister, member of the Parliament, President of the Chartered Institute, distinguished guests and friends. Minister Ranjith Siyambalapitiya gave a good description of the economic problems we face today. Therefore, I will not cover that ground again.

Today, we are having the first discussion after the announcement of the IMF program. It’s being held in a hotel, which is a symbol of our first commercial economy; the plantation economy. The British are the ones who carried the transformation from a feudal economy to a commercial economy. The first ventures in coffee collapsed. And then came the big transformation of tea, rubber, coconut and the development of the other industries services and the Colombo port.

And this is a symbol of how people would come here and discuss issues of firstly the British and later on, the Sri Lankans. So that generation in 50 years created a new economy. Now, after independence, the task has come on us to continue that work. We have done so well that today our poverty line, people living below poverty has increased from 12.5 to 25% of the population.

There are people who skip one meal. There are 500,000 who have lost their jobs. Many small and medium enterprises are on the verge of collapse. What happened? Who’s responsible? All of us are responsible for the situation we are in today. We must remember that. Whether we are the politicians, whether we are the business community, whether we are the professionals, whether we are the trade unions, whether we are the civil society and more than others, whether we are the media or we are the Government administrators, we cannot run away from that responsibility.

We must all bear that. If you still continue pointing fingers at each other, we will not succeed. But what matters to us is not merely the IMF program, but also what comes beyond that. What we have to do now is to ensure that the next generation will live in a prosperous society.
That’s all that the Government is seeking to do. The start is difficult, as the minister explained, but nevertheless we have to go along. We cannot by any mean move away from it. Our task is not merely to stabilize the economy, but to ensure growth, to grow in this new global economy, and to go ahead. These are facts that we can’t get away from.

If we are to do this, we must remember that one of the biggest issues that held back our growth is the ethnic issue. We have to think as Sri Lankans. We cannot divorce that issue from the economic issues. There are two E’s as far as I can see. And we have to address both those issues. I am not dealing with that issue now.

This is not the time or the place. But nevertheless, we have to decide. We have to acknowledge. Secondly, how do we carry on our discussions at this crucial moment? We are a democratic country. Open debate is useful and it’s good that we have members representing Government and opposition, the business community and the professions. But we have to discuss and debate these issues and the discussion must take place in the halls of discussion from Parliament downwards, not in the streets. That type of agitation is no longer suitable for a country that goes on to development. But the decision is ours to take, not for the Government to enforce. We can only ensure law and order, but otherwise, where do we hold our discussions? That’s the second issue. So from here, we have to go forward.

I will not deal with the details of the IMF package. As you all are aware, in addition to what the honourable state minister said, there are also other important objectives. It will bring about a significant revenue base, fiscal adjustment based on progressive tax reforms to raise Sri Lanka’s revenue to GDP ratio. It is a progressive one so that we gradually reduce the tax burden on the poor, who has to bear the brunt of the VAT system.

Better public expenditure and debt management through essential institutional reforms and enhanced social safety net to cushion the poor. Restoring price stability and a market determined flexible exchange rate, and rebuilding our international reserves. Then, ensuring financial stability through a healthy banking system. Now, these are some of the key objectives of this IMF reform, in addition to what the minister has mentioned.

Therefore, what we are seeking is to stabilize the economy by 2026, and come back to virtually the same ratios we had in 2019. So we have seven years to come back to 2019. Is that enough?

That is the issue. Anyway, approval of this program will allow Sri Lanka to commence negotiations with private and official creditors on restructuring its debt, in line with the parameters set by the IMF debt sustainable assessment and also the commitments that I have made with my letter of March 14. We hope to conclude the discussions and arrive at a comprehensive restructuring agreement with the creditors.

By the time the first review under the EFF in six months takes place in order to keep its part a bargain with the creditors and fully benefit from the debt restructuring, Sri Lanka will need to implement the commitment under this four years economic program. So we still have to start the debt restructuring, especially the discussions with our private creditors.

From here, do we stop at this stage and do the debt restructuring and the four-year program? That is not enough. If you want to give a future to your children, if you want a future of the youth, then we have to go forward because Sri Lanka is today at the crossroads between seizing the opportunity for growth to fix our long-standing institutions and structural problems to become a prosperous society, or denying our problems, rejecting change and stagnating as a lower middle-income country.

Implementing this program is how we seize the opportunity for a more prosperous future. The dissatisfaction with all our systems, with the Government, with the opposition, with the conventional groups, resulted in last year March of young people marching on to Galle Face Green; The start of the Aragalaya. Unfortunately, it was taken over by violent extremists.

Then what have the young people done now? They are voting with their feet and leaving the country. So this is what we have to think, not to study the IMF program and decide whether we are going to support item one, we are not support item two, how are we going to stabilize the industry or, create growth and become a prosperous society?

So this is what is most important than IMF. In addition to stabilization, is the growth enhancing structural reforms. If we don’t do these structural reforms, you can write it out and next time is going to be a far more violent uprising. And we must boldly go ahead with these structural reforms which will unlock our growth potential, put on a high growth trajectory, that’s the only way out.

So we have to reduce the role of the Government in the economy to increase efficient resource allocation, competition and productivity. We must not look at the Government to bail everything out. We cannot look at the Government as the ultimate provider of solutions to issues that cannot be resolved by the market. Then further trade liberalization, including rationalizing remaining Para tariffs. The world global economy is going to be more competitive, we have to adjust to it.

The labor market reforms will enable more females to join the labour force. As our population age, it is necessary that more females join the labor force. Remove the impediments to private investment, including by modernizing the regulatory and doing business environment.

Reduce electricity costs by improving the generation and the mix and distribution of power generation leading to an efficient electrical distribution network.

Addressing Climate Change, we have to go through this. There is no way out. If anyone has another system, let them get up and say so. And what I am aiming in the next two years is to lay the groundwork for a highly competitive social market economy. We have to be competitive.

So we’d like to upgrade our FTA with India to Economic and Technical Cooperation Agreement and join the RCEP, the Regional Comprehensive Economic Partnership.

I don’t think we should hesitate. If Laos can join and Cambodia can join and Myanmar can join, why can’t we join? That’s the issue. That means we are going to compete. A quite high level of competition means an efficient Government structure. And why do I say to social market economy? But we need more money. We can talk our education system covering 90% of the students having 10,000 schools.

But what is the quality of education? We need money to make it one of the best education systems in South Asia or the best education in South Asia in the next decade. That is social progress. Secondly, the health system. We spend a lot of money on health, but do we get the benefit of every rupee we spend? We need to put more money into the social safety network, to the poor, to the vulnerable.

We have to help them. So that we have to get the bulk of our money in to it and not to support the Petroleum Corporation or the CEB or Sri Lankan. And we wasted too much of our resources on those occasions. So let us look at how we go ahead. Our potential for green economy at the moment is good, not only renewable energy, but green hydrogen, green ammonia and many other outputs resulting from this green energy, especially the biomass which we have not thought of and wave energy.

We should get into it immediately, like we got into the apparels as soon as the 1978 reform started. Start the digitalization. Start with the Western Province where 50% of the economy is and spread out to the other areas of high economic activity, then cover the rest of the country. We have to look at tourism one which will get us average of $500-1000 a night.

We can start off with the low hanging fruit, and another low hanging fruit is agriculture, where productivity is small. Let us modernize agriculture and fisheries. That’s the start of another low hanging fruit. As far as manufacturing and industries is concerned, let’s not get there step by step.

Then, Government money must go to establish the infrastructure for such industries and services. These are some that I can think of but you’ll can think of more. Sri Lanka becoming a regional logistic centre, the offshore potential for the offshore economy, all these are matters to be discussed. So we must take this chance. We can’t wait.

We’ve been missing out on all the opportunities for restructuring. When we became independent, Mr. D.S. Senanayake said “let’s be independent, cultivate and let us aim to be self-sufficient in rice. When we saved that foreign exchange, we’ll be much better off.” He also called Sir John Kotelawala to start the hydroelectricity systems. Then the first round of reforms after that was not introduced by the UNP.

The most significant one was Mr. Philip Gunawardena’s Paddy Land Act. It was not a communist measure; the Americans had carried out massive land reform pertaining to paddy land in Japan, in South Korea and Taiwan.

He just adapted that and it led to the, actually the growth of production in those countries. So he brought that in together with the Agrarian Services Department, and the Government had to establish the People’s Bank. It was shot down not by the opposition. It was shot down from within the Government. And you have this watered down act, which is there today.

So we missed the first chance of building upon what Mr. D.S. Senanayake had done. The second chance came again in 1965 with Mr. Dudly Senanayake’s report and the Shenoy report. The starting of industry, the Industrial Development Board, education reforms, increasing productivity and tourism. Some of these were implemented, but the Shenoy report was not implemented, and as a result, we lost the next opportunity.

If we had gone ahead with those reforms, it was similar to what Park Chung-hee brought in South Korea and Lee Kuan Yew brought into Singapore. The third round came in 1978. J.R. Jayawardena opened up the economy and went ahead, but we had to slow down because of the ethnic situation and the conflict that broke out in the country. Nevertheless, in 1989, the second stage was done by President Premadasa and when we pushed ahead, firstly to divest ourselves on some of those corporations which are doing quite well, like Kelani Tyres and as well as the push for investments both in the apparel sector as well as the tourist sector and a lot of other new industries which we started. But then that came to an end after 1994 as a next Government focused completely on resolving the ethnic issue at the expense of the economic development. It went on. So we missed that opportunity. Those who were behind us, got ahead of us.

Then came regaining Sri Lanka. We missed that. So how many more opportunities are we going to get? We haven’t got any, this is the last chance. Are we going to take it or not? That’s all that you to decide here. The details you can work out. We have a six month review, another six month review.

But what is in the IMF program, we have to go ahead with. But on what we are doing on the growth program, yes, we can discuss that further.

And once the debate and the IMF program is over and the resolution is put to vote, thereafter we put out a sketch or a white paper on how the growth should take place, and I would like the National Council of Parliament to be engaged with the Government and for all of us to engage the rest of the sectors of society in determining what our future is going to be.

So all I request of you is to make up your mind that we are going to grow and this is the last chance and let’s press the accelerator to the floor. There is nothing else that we can do and I ask all of you to join the Government in this task we have undertaken. Thank you very much. And thank you for the Chartered Association for sponsoring this event.

Minister of State for Finance Mr. Ranjith Siyambalapitiya, delivering the guest speech said:

We experienced a dual deficit for a period of time, which some took action to address. At times, this issue was overlooked as the gap between Government revenue and spending persisted, and non-interest Government spending continued to increase over time. This created a balance of payments issue, and large infrastructure developments were undertaken through loans that did not yield dollar earnings when needed. Additionally, the country faced unexpected challenges such as the Easter attack and COVID-19, which caused the country to shut down for days and led to the collapse of the tourism industry following the Easter attack.

The fertilizer policy caused a major conflict, but by 2022, the gross domestic product had reached 8.2. We resorted to taking out another loan to manage our debt stock. Rating companies consistently reminded us of our global standing. We allocated 20 percent, but we needed to find 12 percent, and we did not have the funds locally or internationally.

Our country experienced severe shortages of goods, resulting in long queues and public unrest. Our reserves reached negative values, and the Central Bank was forced to decide not to pay creditors. We turned to the International Monetary Fund (IMF), with whom we have had 16 dealings. While we previously went to them as needed, we agreed to restructure debt with bilateral creditors. The public celebrated this victory, despite the many unique challenges we continue to face. Unfortunately, most previous agreements with the International Monetary Fund could not be maintained, and difficult decisions had to be made.

Currently, we face a new challenge where international organizations are scrutinizing us more than usual. Along with our regular duties, we must also control inflation. Our food inflation has risen to over 90 percent, causing great distress to the public. We cannot distribute or import goods to help alleviate this issue. One of the tough decisions we made was to raise bank interest rates, which was difficult for everyone. However, thanks to the extreme measures taken by the Central Bank, inflation is now returning to normal.

We need to increase our direct taxes to recover what we have lost. Despite our efforts, there is still a significant loss of income, either subtly taken from us or lost due to various reasons. We are currently engaged in a national exercise, and its success is crucial for us.

The Electricity Board previously functioned as a social welfare agency, so increasing electricity bills is an unpopular decision. Social security should be provided to those in need, but the selection process must be done carefully by responsible officers. Officials often avoid taking on this responsibility. Work-related issues can also arise despite our progress. It is necessary to make the Central Bank independent, and a bill to this effect has been introduced to Parliament. Additionally, a robust anti-corruption bill is also being proposed. To effectively address the needs of the people, loss-making public institutions must be restructured.

The Government’s move towards divesting from businesses is a positive step that must be done transparently. However, society may have a different perception, and it is important to explain the true situation to the people. These actions should be taken to help reduce the daily expenses of the common people. Chartered Accountants are highly skilled financial managers and possess great talents and responsibilities.

Their commitment and support are crucial in building the country, as they generate income from the main institutions. It is essential to view these developments positively and in good faith.

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Sri Lankan High Commissioner discusses bilateral economic cooperation with India Reserve Bank Governor

Continuing his engagement with key officials of the Indian Government, the High Commissioner of Sri Lanka to India Milinda Moragoda met with the Governor of the Reserve Bank of India (RBI) Shaktikanta Das on Wednesday at the Bank’s Headquarters in Mumbai.

The Sri Lankan High Commissioner, who is on an official visit to the State of Maharashtra, has discussed a range of issues pertaining to the bilateral economic cooperation with the RBI Governor.

High Commissioner Moragoda thanked Governor Das for the support that India has been extending to Sri Lanka in the context of economic stabilization, particularly the currency swap arrangements and deferment of payments that materialized with the direct involvement of the Reserve Bank of India.

He also thanked India for the leadership it took towards the realization of the International Monetary Fund’s Extended Fund Facility (EFF) for Sri Lanka.

The RBI Governor and the High Commissioner discussed economic recovery in Sri Lanka, and the pivotal role that India could play in it through greater integration of the economies in areas such as power, energy, ports, infrastructure, tourism, IT services, etc.

The ways and means to enhance bilateral trade, particularly through Indian Rupee trade expansion, as a key pillar of economic revival in Sri Lanka, were discussed as well.

High Commissioner Moragoda presented a copy of his policy roadmap the “Integrated Country Strategy for Sri Lanka Diplomatic Missions in India 2021/2023” to Governor Das. The High Commissioner was accompanied to the meeting by Sri Lanka’s Consul General in Mumbai Dr. Valsan Vethody.

During the past couple of months, High Commissioner Moragoda met with several other key officials of the Government of India, including Principal Secretary to the Prime Minister of India Dr. Pramod Kumar Mishra, Finance Secretary T.V. Somanathan, Cabinet Secretary Rajiv Gauba, Chairman of the NITI Aayog Parameswaran Iyer and Director General of the National Centre for Good Governance Bharat Lal.