Sri Lanka tells UNHRC it will not accept Resolution 51/1

Sri Lanka has reiterated to the UN Human Rights Council (UNHRC) it will not accept Resolution 51/1 which was passed by the Council last year.

The Permanent Representative of Sri Lanka to the UN in Geneva, Himalee Arunatilaka, told the 52nd Regular Session of the Human Rights Council that a series of unhelpful resolutions had been adopted by the HRC, the latest being Resolution 51/1, without Sri Lanka’s consent as the country concerned.

“I reiterate Sri Lanka´s position, which was stated by the Minister of Foreign Affairs last October, that we reject this resolution, which will extend and reinforce the so-called external evidence gathering mechanism on Sri Lanka established by the OHCHR in line with its own interpretation of Resolution 46/1. These resolutions are unhelpful to the people of my country, will polarize Sri Lankan society, and do not serve the objective of promoting reconciliation in Sri Lanka. We are of the view that this is an unproductive drain on the scarce resources of UN Member States which can be productively deployed elsewhere,” Arunatilaka told the Council.

She said that steps must be taken to depoliticize human rights and find solutions to concerns through dialogue and multilateral cooperation rather than through confrontation, selectivity and unilateralism.

Arunatilaka said that the domestic institutions for reconciliation and accountability in Sri Lanka continue to carry out their work towards achieving important post-conflict recovery and healing.

“A Cabinet Sub-Committee has been established under the Chairmanship of the President, to promote reconciliation among different communities and to address and resolve matters relating to issues encountered by the peoples of the Northern and Eastern Provinces. The Committee has identified issues to be addressed expeditiously, including, developing a truth-seeking mechanism, drafting a new counter-terrorism law, establishing an office for overseas Sri Lankans, preparing a Rapid Development Plan for the North and the East, and addressing matters related in particular to missing persons, resettlement and land,” she said.

Arunatilaka said that discussions are in progress relating to a Truth-Seeking Mechanism within the framework of the Constitution while the contours of a model that would suit Sri Lanka are currently being assessed.

“The 21st Amendment to the Constitution of Sri Lanka, passed by Parliament in October 2022, provides for further strengthening of democratic governance, independent oversight of key institutions, the composition of the Constitutional Council and independent commissions,” Arunatilaka said.

She also noted that a Cabinet appointed Sub-Committee is developing legislation on counterterrorism that balances national security concerns with international standards and best practices.

Arunatilaka also said that work is under way to operationalize an Office for Overseas Sri Lankan Affairs to facilitate more vigorous engagement with expatriate Sri Lankans encompassing all communities and generations.

The diplomat said that despite the current socio-economic challenges and constraints, Sri Lanka’s resolve to the promotion and protection of human rights and fundamental freedoms of its people remains steadfast and determined.

NPP requests election commission to set fresh date for LG election

The National People’s Power (NPP) has requested the Election Commission in writing to immediately set a date to hold the 2023 Local Government (LG) election.

In a letter to the Chairman of the Election Commission, the NPP says that although the LG election was previously announced to be held on March 09, the Election Commission had later notified that the election would not be held on the aforementioned date as a result of the lack of funds to carry out election-related tasks.

However, the NPP’s letter to the commission mentions that the Supreme Court has recently issued an order preventing the Secretary of the Ministry of Finance from withholding the funds allocated for the LG polls through the 2023 Budget.

Accordingly, the Supreme Court has acted considering the importance of holding the Local Government election as a basic human right, NPP General Secretary, Dr. Nihal Abeysinghe said in the letter.

Therefore, the party has requested the Election Commission to make the necessary arrangements to hold the LG election as soon as possible, conforming to the order of the Supreme Court.

Sabry & Jaishankar hold talks on SL economic recovery

Indian External Affairs Minister S Jaishankar today (4) held wide-ranging talks with his Sri Lankan counterpart Ali Sabry focusing on facilitating Sri Lanka’s economic recovery as well boosting bilateral trade.

India extended financial assistance worth around USD 4 billion to Sri Lanka, including lines of credit for purchases of food and fuel, last year when it was reeling under a severe economic crisis.

New Delhi also provided guarantees to the International Monetary Fund (IMF) to help the country secure a USD 2.9 billion bailout package.

“Nice to catch up FM @alisabrypc of Sri Lanka. Thank him for his #RaisinaDialogue2023 participation”, Jaishankar said on Twitter.

“We took stock of our cooperation that is focused on facilitating Sri Lanka’s economic recovery. Discussions covered investment, trade and development partnership,” he said.

Sabry described the meeting as ”constructive”.

I met with @DrSJaishankar, Minister of External Affairs of India at Hyderabad House during my official visit to New Delhi. We had a constructive bilateral meeting and reviewed the current status of Indo-Lanka relations”, he said.

Sabry was in New Delhi to attend the Raisina Dialogue.

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SLPP sacks party Chairman Prof. G. L. Peiris

The Sri Lanka Podujana Peramuna (SLPP) has sacked party Chairman Prof. G. L. Peiris from his post.

SLPP General Secretary Sagara Kariyawasam said the Executive Committee of the SLPP took a unanimous decision to remove Prof. G. L. Peiris from the post of Chairman.

Kariyawasam said that Prof. G. L. Peiris was invited to attend the meeting but he did not attend.

The SLPP is now considering a suitable person for the post.

Prof. G. L. Peiris was Chairman of the SLPP from the day the party was formed.

However, last year Prof. G. L. Peiris and a group of SLPP members crossed over to the opposition benches and sat as Independent MPs in Parliament.

LG polls : State Finance Minister responds to interim court order

State Minister assures Finance Ministry will by abide by Supreme Court order
State Minister of Finance Ranjith Siyambalapitiya has assured that the order issued by the Supreme Court barring the withholding of funds allocated for the 2023 Local Government (LG) election.

The Supreme Court yesterday (03 March) issued an interim order preventing the Secretary to the Ministry of Finance form withholding the funds allocated through the 2023 Budget for the LG polls.

The court also issued another interim order preventing the retention of funds allocated for the Department of Government Printing, for the purpose of printing ballot papers.

Meanwhile, the Election Commission of Sri Lanka has decided to convene a special meeting on 07 March in order to reach conclusive date on which the 2023 polls will be held.

Accordingly, all relevant officials including the Secretary to the Ministry of Finance, the Government Printer and the Inspector General of Police (IGP) have been informed to attend the meeting, following an order issued by the Supreme Court instructing that a date for the election be announced before 09 March – the date on which the polls were initially scheduled to be held. .

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Why Is Trincomalee Port Still Undeveloped? By P.K. Balachandran/The Diplomat

The natural endowments and strategic value of Trincomalee harbor in eastern Sri Lanka have been well known for a long time. Yet, to date, very little concrete action has been taken to develop and use the port. There has been no dearth of reports and plans, but – except for the partial development of the giant oil tanks in collaboration with India – there has been no development of the port and the hinterland.

According to an Asian Development Bank report, Trincomalee is a large natural harbor with water depths ranging from CD -20 m to CD -40 m. It is also the only entirely sheltered natural harbor in the South Asian subcontinent.

In the Polonnaruwa era of Sri Lankan history (1055-1232 CE) it was a major commercial port. The Western powers sensed Trincomalee’s strategic value in the 18th century. British Prime Minister William Pitt the Younger (1759-1806) said that Trincomalee was “the most valuable colonial possession on the globe” as it gave Britain’s Indian Empire a kind of security that “it had not enjoyed since the Empire’s establishment.” When the British took over Trincomalee in 1796 from the Dutch, Napoleon remarked: “He who controls Trincomalee controls the Indian Ocean.”

The first Indian to write about the strategic importance of Trincomalee for India was the historian and diplomat K.M. Panikkar. In his seminal work “India and the Indian Ocean: an essay on the influence of sea power on Indian history,” published in the 1940s, he stressed the importance of Colombo and Trincomalee ports for the defense of India.

As war clouds gathered in the 1930s, the British turned Trincomalee into an energy hub and built 101 giant oil tanks. Wanting to retain their security assets on the island even after Sri Lanka’s independence, they took the precaution of entering into a Defense Pact in 1947. After these assets were taken back by the nationalist government of S.W.R.D. Bandaranaike in 1957, Trincomalee port and the oil tanks fell into disuse. Successive Sri Lankan governments concentrated on the development of the western coast and the Colombo port for political and logistical reasons.

However, in the 1980s, Trincomalee again attracted the West’s attention. According to Port to Port, a high-level U.N. committee reported that Trincomalee port has “controllable space for the creation of a Free Port” and made recommendations for its use. The Overseas Coastal Area Development Institute of Japan (OCDI) submitted a similar report in 1984, entitled “Master Plan and Development project of Trincomalee Port,” which suggested a container trans-shipment facility and a berth for passenger cruise liners. In 1986, Sri Lanka’s National Aquatic Resources Agency (NARA) also recommended the development of the port.

But in the 1980s, geopolitical factors came into play. A reference in a 1981 Pentagon map to the possibility of a U.S. naval base in Trincomalee raised hackles in New Delhi. India was pro-Soviet and anti-U.S. at that time. When Sri Lanka called for worldwide tenders for the development of the Trincomalee oil tanks in 1982, India suspected that the deal favored bidders with links to the U.S. Navy. The tender was canceled.

In letters exchanged between Indian Prime Minister Rajiv Gandhi and Sri Lankan President J. R. Jayewardene as part of the India-Sri Lanka Accord of 1987, it was stated that Trincomalee (or any other port in Sri Lanka) will not be made available for military use by any country in a manner prejudicial to India’s interests. It was also stipulated that the restoration of the Trincomalee oil tanks will be undertaken by an Indo-Lankan joint venture.

However, due to nationalist opposition to the Accord, it was only in 2003 that the 99 surviving oil tanks were given to the Indian company Lanka Indian Oil Corporation (LIOC) on a 35-year lease. Fifteen of the 99 tanks were refurbished and put to use. But it was not until 2015 that LIOC started its bunkering business at Trincomalee port. Questions over the legality of the 2003 deal, the issue of land rights, the 30-year war, and calls by nationalists to take over the tanks stymied further development.

In 2022, another deal was signed according to which the Ceylon Petroleum Corporation (CPC) got 24 tanks, the joint India-Lankan venture Trinco Petroleum Terminal (TPT) got 61 tanks, and the LIOC got 14. However, in the context of the ongoing financial crisis in Sri Lanka, implementation faces a fresh challenge.

As for Trincomalee port, the Ministry of Shipping and Ports had proposed the creation of ship repair and ship-building and bunkering facilities. An ADB report noted that Trincomalee’s “sheltered bay is ideal for calm water vessel operations such as ship-to-ship transfer, lay-up of vessels, loading and discharging submersible structures and other shipping-related services.” There is no shipbuilding yet, but the “afloat repair service” of the Colombo Dockyard Co. was extended to Trincomalee in 2021.

Facilities in the port badly need to be upgraded. “Due to a lack of adequate lights, buoys, and lighthouses, vessels are only allowed to enter and exit the port during daytime,” the ADB pointed out. But night navigation has now been installed at the Trincomalee harbor, with the assistance of Japan through a 1 billion yen grant.

Rohan Samarajiva of the Colombo-based think tank LIRNEasia wrote in a paper on the Trincomalee port in 2017 that the port has been in the doldrums partly because the Bay of Bengal has not been a hotspot of maritime trade, given the state of economic development of the littoral states (such as Sri Lanka, Bangladesh, and Myanmar). But he saw bright prospects with south India and Bangladesh developing fast. Myanmar’s Sitwe and Kyaukphyu ports should also boost prospects for Bay of Bengal trade, but for this, the security situation in Myanmar’s Rakhine State would need to improve, he cautioned.

Sri Lankan President Ranil Wickremesinghe said in 2022 that it would take another 10 to 15 years for economic activity in the littoral states of the Bay of Bengal to pick up.

Wickremesinghe’s immediate plan is to develop Trincomalee as an energy hub with Indian help. To begin with, Sampur will have a 100 MW solar plant. To develop the hinterland, he has roped in Singapore’s urban development organization Surbana Jurong. He plans to integrate Trincomalee with the North Central and Northern provinces, which have agricultural export potential.

Samarajiva envisioned Trincomalee port developing as a “secondary port” of Sri Lanka along with Hambantota. Colombo will continue to be Sri Lanka’s principal port given its established facilities and the more developed hinterland, which accounts for 42 percent of Sri Lanka’s GDP as against 5.8 percent contributed by Eastern Province, in which Trincomalee is located.

But even to be a secondary port, Trincomalee will have to have better connectivity with Colombo, Samarajiva wrote. In 2018, the ADB had initiated a comprehensive development plan for the Colombo-Trincomalee Economic Corridor (CTEC), but there has been no progress on the modernization of the railway. The port has no railyard of its own.

Samarajiva suggested connectivity in the form of a “dry canal,” or a seamless container rail line between Colombo and Trincomalee. Samarajiva also suggested upgrading the China Bay airport in Trincomalee to serve as a civil airport.

Trincomalee is not located in an arid zone, as it gets more than 50 inches of annual rainfall, Samarajiva pointed out. But as a port and industrial zone, it will have to have a lot of water, he warned. It will also require adequate social infrastructure in terms of housing, educational and medical facilities for the large number of Sri Lankan and foreign personnel who will congregate there as development gets underway.

Even as it faces these problems, another obstacle has come to light, namely, the rumor that the United States and India are aiming to establish a naval base in Trincomalee, triggered by the sudden visit of U.S. Principal Deputy Assistant Secretary of Defense for Indo-Pacific Security Affairs Jedidiah Royal. Though baseless, the rumor has the potential to stall Trincomalee port’s development – as has happened so many times in the past.

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“If President wants General Election, hold a General Election” – MP Rauff Hakeem

Parliamentarian Rauff Hakeem challenged President Ranil Wickremesinghe to conduct General Elections, speaking at an event on Saturday (4).

“The President says the Local Government Election is not useful and that a Parliamentary Election is required to change a government. If so, hold a General Election. What we need is an election. If would be better if a General Election was held”, he stated.

Rauff Hakeem stated that the government should allow the people to exercise their franchise at the Local Government elections adding that an election is the solution to the economic woes of the country.

He claimed that “the President is the invisible hand behind moves to postpone the election.”

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UK calls on Sri Lanka to address the issue of land grabs

The UK’s Permanent Representative to the UN in Geneva gave a statement during Sri Lanka’s Universal Periodic Review (UPR) at the Human Rights Council.

Thank you, Mr President,

We welcome Sri Lanka’s commitments on respect for the rights of those from all religious and ethnic groups. Its recent efforts to foster political inclusion and constitutional reform are particularly welcome. We emphasise the importance of reconciliation, justice and accountability for all communities, independent domestic institutions, the preservation of civil society space and the repeal of the Prevention of Terrorism Act.

We recommend that Sri Lanka:

Allow all its communities freely to commemorate and memorialize victims of the civil war.

Repeal sections 365 and 365A of the Penal Code, end criminalization of same-sex conduct and ensure equality and non-discrimination in relation to sexual orientation and gender identity.

Address concerns around land expropriation in the North and East by government departments, including the Archaeological department, and related restrictions on access to land.

Thank you, Mr President.

Published 28 February 2023

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Govt to consult India before signing agreement with Russia

Sri Lanka is considering selecting one of three locations – Trincomalee, Hambantota, or Mannar for the proposed Russian mini nuclear power plant and the Sri Lankan Government intends to consult India before signing an Inter-Governmental Agreement (IGA) with Russia.

Regarding the funding of the project, the Sri Lanka Atomic Energy Board (SLAEB) is of the view that the government ‘may’ go for fully Russian-funded nuclear plants or look for other options like a joint-venture.

Chairman of the SLAEB Prof S. R. D. Rosa, told Ceylon Today on Friday (3) that the Government has expressed its willingness to proceed with the two mini nuclear power plants project as a joint venture, and they intend to hold further discussions about the installation and the relevant factors.

Russia proposed a mini nuclear power plant for Sri Lanka several years ago, but due to the energy crisis the Government revived talks with Russia.

The SLAEB will consult India and select the model similar to the one Russia is installing in Bangladesh with India. India has joint in construction and installation works in the “non-critical” category for the Rooppur Nuclear Power Plant in Bangladesh, Rosatom State Corporation of Russia said. Russia also built the Kundankulam Nuclear Power plant in South India that was commissioned in the year 2013.

The SLAEB Chairman said they will still earmark the nuclear project if it’s an onshore project to be installed either in Mannar, Trincomalee or Hambantota.

He added that whether the proposed nuke plants are offshore on barrages or offshore would be discussed before the agreement is signed and they expect to do it soon.

The Russian Ambassador to Sri Lanka said recently they had already held three rounds of video conferences on various topics such as ammonia and nuclear energy cyclotron with the Sri Lankan officials, for the proposed Small Modular Reactors (SMRs), with a maximum power capacity of 100 MW each. “The response should also include an invitation for a high-ranking Rosatom delegation to visit Sri Lanka for expert-level consultations, the Envoy said on Friday (3).

He emphasised as a first step towards installation of the nuke power plant, the Cabinet had approved the signing of the International Atomic Energy Agency’s (IAEA) recommended by the Vienna Convention on Civil Liability for Nuclear Damage and Convention on Supplementary Compensation for Nuclear Damage.

He added that once that is approved it would be directed to the Cabinet for the next step of getting the IGA approved through the Foreign Ministry and the Ministry of Energy with Russia.

The Chairman added that the IAEA has already approved the installation of nuclear power plant.

The proposed Russian for nuclear power plant was initiated a long time ago and the planned MoU with them in 2018 really did not take off well, the SLAEB Chairman said.

Russian International Affairs Council (RIAC), in its report said that given India’s lack of experience in developing projects outside of India and its long history of nuclear cooperation with Russia, Russia may expect to participate in joint projects with India in third world countries.

By Sulochana Ramiah Mohan

Decision on new dates for 2023 LG polls postponed

A new date for the 2023 Local Government (LG) election will be announced at the beginning of next week, Chairman of the Election Commission of Sri Lanka, Attorney-at-Law Nimal G Punchihewa stated.

Although initially scheduled to be announced today (03 March), announcing the new election dates was postponed following a meeting held by the members of the Commission this morning.

The postponement comes in the background of an order issued by the Supreme Court in this regard today, instructing that a date for the 2023 polls be announced before 09 March – the date on which the polls were initially scheduled to be held.

The court ordered that the relevant decision be reached following discussion with the Finance Ministry and all other relevant institutions.

On 24 February, the election body announced that the LG polls would not be held on 09 March as scheduled, owing to matters beyond its control.

On several occasions, the Election Commission held subsequent meetings to review the country’s economic situation and several other factors in order to decide on the new dates for the LG polls.

Meanwhile, the Supreme Court issued a court order a short while ago barring the Secretary to the Ministry of Finance from withholding funds allocated for the LG polls through the 2023 Budget.