Germany seeks Sri Lanka’s support for resolution against Russian invasion

Germany has sought Sri Lanka’s support for a resolution at the United Nations against Russia, a visiting German MP said.

Speaking to a group of journalists after wrapping up a visit to Sri Lanka, German MP Dr. Peter Ramsauer said that he raised the issue with President Ranil Wickremesinghe.
The European Union had this week circulated the resolution to be voted on by the UN General Assembly on the eve of next week’s first anniversary of Russia’s invasion of Ukraine.

The resolution calls for a cessation of hostilities and a peace that ensures Ukraine’s “sovereignty, independence, unity and territorial integrity.”

Last year Sri Lanka abstained from voting on a resolution against Russia

Sri Lanka maintains a close relationship with Russia and follows a “friends with all” foreign policy.

Dr. Ramsauer is Rapporteur for Sri Lanka and the Maldives in the Foreign Affairs Committee of the German Bundestag (Parliament).

His visit falls in line with the 70th anniversary of diplomatic relations between Sri Lanka and Germany established in 1953.

Dr. Peter Ramsauer, together with German Ambassador Holger Seubert, held several high-level meetings in Colombo with senior members from the Government as well as with opposition representatives, civil society representatives, members of the press and other stakeholders.

Posted in Uncategorized

Asian polls monitors condemn attempts to postpone LG elections

Asia’s leading polls monitoring outfit, Asian Network for Free Elections (ANFREL), yesterday said it was deeply concerned by the numerous attempts to disrupt the long overdue local elections, in Sri Lanka.

ANFREL said the local elections were supposed to be held on 20th March, 2022, and have been postponed, for almost a year, by the Minister of Provincial Council and Local Government. The elections are currently scheduled for 9th March, 2023.

“However, we regret the recent developments, aimed at disrupting the elections, including through legal means, and the instruction to stop accepting deposits, from candidates, issued by a Ministry Secretary, to returning officers. Furthermore, the Department of Government Printing refused to submit the printed postal ballot papers, to the Election Commission (EC), until the printing cost is paid, resulted in the indefinite postponement of the postal voting, which was originally slated for 22-24 February,” it said.

Given below is the ANFREL statement in full: “We are also alarmed by reports of death threats against three EC commissioners, who were reportedly pressured to resign from their positions. We call on the Sri Lankan government to investigate these reports and ensure that the perpetrators are brought to justice.

“The right to free and fair elections is a fundamental human right, and any attempts to interfere with this right must be denounced in the strongest possible terms. Therefore, the Sri Lankan government must ensure that the elections are conducted, on the scheduled dates, without any further delay, and that the electoral process is transparent and fair.

We stand with the people of Sri Lanka in their pursuit of a free and fair electoral process, and urge the Sri Lankan government to take all necessary steps to ensure that the will of the people is reflected through genuine periodic elections, in accordance with Article 25 of the International Covenant on Civil and Political Rights (ICCPR).”

SJB to hold protest on Monday against bid to put off polls

The Samagi Jana Balawegaya (SJB) will on Monday (20) hold a demonstration against the Government’s attempts to delay Local Government elections which are scheduled to be held on 9 March.

The demonstration will be held opposite the Presidential Secretariat and the Ministry of Finance.

SJB General Secretary Ranjith Madduma Bandara invited the public to participate in the demonstration. “We ask the people to fight for their rights. The President might next claim there are no funds for a Presidential election. Therefore, we ask the people to join us on 20 February to protest against this,” he said.

He assured the party will fight alongside the people. “The Government is attempting to curtail the people’s right to franchise. The Government is now trying to bankrupt democracy in a bankrupt country,” he said, adding that the Government is acting in this manner as it is aware the SJB will emerge victorious at the polls.

BASL charges: Concerted effort to prevent elections and endanger sovereignty of the people

The Bar Assocation of Sri Lanka has charged that there is a concerted effort to prevent elections, to undermine the franchise of the people, and endanger the sovereignty of the people of Sri Lanka.

FULL STATEMENT:

“The Bar Association of Sri Lanka (BASL) expresses its deep concern over recent attempts by state authorities to disrupt the Local Authorities Elections, which are mandated by law to be held prior to March 19th, 2023. The BASL emphasizes that all elections are a vital part of Sri Lanka’s democratic process and must not be hindered.

The BASL notes several decisions by the government in recent weeks, purportedly aimed at managing public funds, have had the effect of preventing the Elections Commission from conducting the elections. These include a demand by the Government Printer for the release of funds prior to the printing of ballot papers and the Secretary to the Treasury claiming that there are no funds available for the elections. This is despite a budget allocation of Rupees Ten Billion for the purpose of elections

The BASL states that the conduct of the Secretary to the Treasury, the Government Printer, and other government officials and institutions over the last few weeks clearly demonstrates a concerted effort to bring the elections to a halt, thus undermining the franchise of the people and endangering the sovereignty of the people of Sri Lanka. Such attempts to prevent elections mandated by law represent an unprecedented attack on democracy and the rule of law and pose a grave threat to the electoral process in the future.

The BASL warns that such actions could set a dangerous precedent for an unpopular executive or legislature to obstruct the allocation of resources for an election and prevent the people of Sri Lanka from choosing their representatives and leaders.

The BASL also points out that Article 104 B (2) and 104 GG (1) of the Constitution make it clear that all state authorities are duty bound to cooperate with the Elections Commission and that refusing or failing to do so is a criminal offense punishable with imprisonment. In terms of Article 33 (c) of the Constitution the President too is empowered to ensure the creation of proper conditions for the conduct of free and fair elections, at the request of the Election Commission.

On the 15th December 2017 the Supreme Court in SCFR 35/2016 on 15th December 2017 has clearly explained the importance of conducting timely elections for local authorities and the importance of the franchise as follows:

“Franchise is a fundamental right enjoyed by people. According to Article 3 of the Constitution “In the Republic of Sri Lanka sovereignty is in the people and is inalienable. Sovereignty includes the powers of the government, fundamental rights, and the franchise”. Franchise is a fundamental right recognized under Article 10 and 14(1) of the Constitution. The failure to hold elections on the due date or postponing is a violation of a fundamental rights of the people . Under Article 4(d) of the Constitution the fundamental rights which are by Constitution declared and recognized shall be respected, secured and advanced by all organs of the Government and shall not be abridged, restricted or denied save in the manner and to the extent hereinafter provided. In the present case the legislature as well as the executive had violated this Article.”

On 11th January 2023, the BASL warned that any move to interfere with the franchise will have far reaching consequences. Previous attempts by different administrations over the years to interfere with the franchise of the people have resulted in disastrous consequences for the country and its people.

It is the sacred duty of the Government to ensure that funds are provided for the conduct of the elections which are an essential function in the country. The BASL calls on the government and all State Officials to respect the Constitution and the law and ensure that the Local Authorities Elections are held as scheduled, without any further attempts to disrupt or interfere with the process.

The BASL is of the view that all attempts to interfere with the electoral process must not only be defeated but all those responsible for such interference must be dealt with in accordance with the law.”

SL cannot afford to plunge into another crisis over LG polls

The upcoming Local Government (LG) is deemed to be one of the most decisive elections in the history of Sri Lanka, which could result in a massive breakthrough. However, the possibility of holding the election is getting uncertain day by day with the recent statement made by the Secretary to the Ministry of Finance that it is difficult to release funds for holding the LG polls given the current economic challenges.

In addition, the Supreme Court has also given green light for the Election Commission (EC) of Sri Lanka to hold the election as scheduled. In this context, it is imperative that the political hierarchy and citizens set the tone for the smooth conduct of the election without causing any sort of hindrances resulting in putting off the polls and creating chaos in the country.

The EC in struggle

Finance Ministry officials have informed the Chairman of the Election Commission, Nimal Punchihewa that due to a circular issued recently, it is possible to allocate money only for essential services, adding that election activities have not been designated as an essential service under the said circular.

Accordingly, Finance Ministry officials have pointed out that if funds are to be issued to institutions that do not come under the category of essential services, the approval of President Ranil Wickramasinghe as the Minister of Finance must be obtained.

At the same time, an estimated sum of Rs. 770 million is reportedly required for the month of February, in order to meet the basic expenses incurred for the upcoming election due to be held on March 09. The Commission has requested the Ministry of Finance in writing to allocate
However, the EC is in a struggle to carry out its essential and urgent election duties as the Treasury has given only Rs. 100 million to the EC in spite of demanding Rs. 770 million for its day-to-day tasks.
According to the EC Chairman, if the Treasury continues to delay the provision of required funds for the EC, the Commission has no option other than reporting to the Supreme Court.

“The budget 2023 has allocated Rs. 10 billion for the EC in a special vote in Parliament as the EC is an independent Commission. We are hopeful that the EC could successfully conclude the Local Government (LG) polls with a budget of Rs. 3 or 4 billion by March 9. The Commission last week requested only Rs. 770 million out of Rs. 10 billion for the month of February to carry out immediate tasks related to the March 9 LG polls. The underfunding has put the EC in a severe financial constraint,” the Chairman of the Commission, told reporters recently.

Moreover, the EC will have to extend another request to the Treasury for election expenses for the month of March after calculating the cost to complete the election on March 9. The EC requires a minimum of Rs. 3 billion to conclude the LG polls on March 9 as most of the expenses are borne by other state establishments like the Police Department, and Government Printer, and payments to public officials for election duties are made after the conclusion of the election.

More confusion popping up

Meanwhile, Government Printer Gangani Kalpana Liyanage has said that initial printing activities in preparation for the 2023 Local Government Election have been completed adding that, the Government is yet to provide security for the smooth conduct of the ballot paper printing activities.

According to Liyanage, the Police have deployed only three police officers despite the request made to the police chief to deploy 60 police officers to oversee the security measures during ballot paper printing.
In this context, the Election Commission stated that if the ballot papers are received on time, the postal voting of the LG polls can be held on February 22, 23, 24, and 28 as scheduled. However, if the ballot papers are not provided on time, the Commission has to decide on new dates for the postal voting of the LG election, which could delay the entire proceedings.

For a free and fair election

In a backdrop where the Supreme Court has given the green light to the EC to go ahead with the LG election, a free and fair election is very much on the cards. However, the EC is yet to make an official statement with regard to the election in the wake of the statement of the Secretary to the Ministry of Finance. Nevertheless, the Treasury and the Finance Ministry have a constitutional and official obligation to transfer sufficient funds to the EC in time to ensure democracy and a free and fair elections.

In addition, as it is evident, the policies implemented by incumbent President Ranil Wickremesinghe do not reflect the mandate of the people as he was not elected by the people. In addition, the present composition in Parliament is also in a mess. In this context, the political analysts are of the viewpoint there an election is the need of the hour and in the event of no election, there is a tendency and possibility that people would rally around and come to the streets to show their agitation.

However, in spite of whether the election being held or not, the country cannot afford to go for another uprising, which would definitely aggravate the current crisis in the country. Therefore, the people of Sri Lanka should be mindful of the fact that the country needs to move on and stick to its priorities while ensuring democracy.

Posted in Uncategorized

Local Govt polls: EC to file special motion before Supreme Court

The Election Commission has decided to file a special motion before the Supreme Court citing difficulties it is facing while preparing to hold the 2023 Local Government Election on March 09.

The election body has cited inadequate funds, inadequate supply of fuel for transportation, the inability to print the ballot papers by the Government Printer and several other issues as obstacles to going ahead with LG election preparations.

Posted in Uncategorized

Ex-deputy minister Myown Mustapha jailed for 6 months, loses civic rights for 7 years

The Colombo High Court has sentenced former deputy minister Myown Mustapha to six months in prison for trying to buy out National Freedom Front’s Mohammed Muzammil to support 2010 presidential election candidate Field Marshal Sarath Fonseka.

Further, Mustapha’s civic rights were also suspended for seven years.

The case was called before Colombo High Court Judge Aditya Patabendige on Friday (Feb 17).

On January 15, 2010, Muzammil, who convened a media briefing, disclosed that Mustapha had attempted to bribe him with a sum of Rs. 42 million to back Fonseka in the 2010 presidential election.

Following a lengthy trial, the Colombo High Court delivered the verdict of the case, 13 years after indictments were filed against Mustapha by then-Attorney General.

Delivering the verdict, the high court judge stated that the charges against the accused have been proven beyond a reasonable doubt after taking into consideration the telephone conversations, voice recordings and CCTV footage submitted as evidence in the case.

He also expressed regret about not being able to impose a severe punishment on the accused despite the severity of the offence he has committed.

German companies may withdraw from SL if import ban continues

German companies operating in Sri Lanka have raised the red flag with some warning they will be compelled to withdraw from the country if the import ban continues, Daily Mirror learns.

Sri Lanka has slapped an import ban on several items owing to the shortage of US dollars, but Germany has urged the Government to relax the ban.

The German Ambassador to Sri Lanka Holger Seubert told a group of journalists in Colombo today that some German companies have raised concerns over the import ban.

He said that if the import ban continues for another 2 years then some companies may withdraw from the country. A number of German companies are operating in Sri Lanka and promote German products, including vehicle spare parts.

Just recently leading Japanese companies Mitsubishi and Taisei announced they will be scaling back operations in Sri Lanka owing to the economic crisis. Germany has also suspended issuing loans to Sri Lanka after the island declared bankruptcy.

However, the German Ambassador said that they hope the situation will improve once Sri Lanka’s deal with the International Monetary Fund (IMF) gets approved. Seubert said that there are also concerns over the overall business environment for German investors.

Discussions in this regard have been held with the Sri Lankan authorities, including the Board of Investment (BOI).

IMF mulls loan approval to Sri Lanka, even without China’s assurance

The International Monetary Fund (IMF) is considering approving a loan for Sri Lanka, even without China’s assurance of debt-restructuring support, Bloomberg News reported on Friday (Feb 17).

Under a rarely used policy, the global lender may consider approving the island nation’s loan, as the only prerequisite hindering the go-ahead is China’s formal assurance, Bloomberg reported, citing people familiar with the matter.

“The Sri Lankan authorities continue to seek from their official bilateral creditors financing assurances so that the Fund’s Executive Board can consider their request for an IMF arrangement,” an IMF spokesperson said in a statement to Reuters.

The lender said it was premature to discuss the precise IMF policy modalities that could be applied, adding that IMF staff continue to engage with Sri Lankan authorities on completing upfront policy measures.

Sri Lanka has been fighting its worst economic crisis since gaining independence from Britain in 1948, amidst a shortage of dollars, surging prices and a lack of essential items, such as fuel and medicine. It has defaulted on loans and been forced to seek a bailout from the IMF.

The news the IMF may consider extending aid without assurances from China comes ahead of US Treasury Secretary Janet Yellen’s visit to India next week for G20 finance meetings, where the United States is reportedly going to focus on unblocking debt restructuring for distressed countries.

Earlier in February, the IMF said Sri Lanka’s US$2.9 billion bailout package was set to be approved as soon as the country obtained adequate assurances from bilateral creditors and met remaining requirements.

Posted in Uncategorized

Writ petition against holding LG elections for Matara Municipal Council dismissed by SC

The writ petition filed by an Independent Group seeking an order preventing the Election Commission from holding the local government elections in respect of Matara Municipal Council was today dismissed by the Supreme Court.

The three petitioners including the leader of the Independent Group Chaminda Prasanga Gunasekera filed this writ petition seeking an order quashing the Election Official’s decision to reject their nomination papers submitted for the Matara Municipal Council.

Supreme Court three-judge-bench comprising Justices Buwaneka Aluwihare, Janak de Silva and Priyantha Fernando decided to dismiss the petition taking into account the preliminary objections raised by the Election Commission.

Counsel Nuwan Bopage appeared for the petitioners. Senior Counsel Dharshana Weraduwage with Dhanushi Kalupahana and Ushani Atapattu appeared for the Election Commission.