Clash between Keheliya and Channa?

The Health Professionals Experts’ Association alleged that the reason why certain Health Ministry officials are publicly clashing with Health Minister Keheliya Rambukwella is due to the Production, Supply and Regulation of Pharmaceuticals State Ministry exerting power over the Health Ministry on certain matters.

“It is very rare for Health Ministry officials to clash with their Minister in public. The reason for this situation which is happening very often at present is that the said State Ministry has concentrated its power over the Cabinet Ministry,” the Association claimed.

Association Chairman Ravi Kumudesh claimed further that this is taking place in a context where the State Pharmaceuticals Corporation, the National Medicines Regulatory Authority (NMRA), the Medical Supplies Division, and the laboratory services are all out of the control of the Health Minister.

“One of the chapters in this conflict is that the Committee of Experts appointed by Production, Supply, and Regulation of Pharmaceuticals State Minister Prof. Channa Jayasumana to look into frauds at the NMRA and the disappearance of data at the NMRA, in one of its first recommendations, set aside the investigation into the frauds and recommended that cabinet powers be given to the State Minister. However, we urge the President to reconsider at this juncture as to whether the real objective of establishing a separate Pharmaceuticals State Ministry has been achieved.”

He further alleged: “We also point out that although certain officials attempt to take advantage of the publicity afforded to the import of vaccines, especially that vaccines were imported efficiently, no special management skills are required to import the least expensive Chinese vaccine at the highest price.”

Attempts to reach Prof. Jayasumana and Rambukwella to ascertain the veracity of the claims were not fruitful.

Sri Lanka reports 18 Covid-19 deaths on Tuesday, toll rises to 13,525

Sri Lanka Tuesday reported 18 deaths due to COVID-19 after the figures were confirmed by the Director General of Health Services on Monday, October 18.

Among the deaths reported today, 09 are of males and 09 of females. The majority of deaths – 11 – are of elderly people in the 60 years and above age group.

According to the data reported by the Government Information Department, the total deaths due to Covid-19 since the pandemic began last year has now risen to 13,525.

Govt. approves cattle slaughter ban

The government approved prohibition of cattle slaughter in order to increase local dairy industry. The decision was announced at the weekly cabinet meeting at the Information Department today.

Accordingly, approval of the cabonet was granted on September 28 and permitted to amend the laws and regulations applicable to it and to amend laws passed by the local government institutions in relation to cattle slaughter.

The Legal Draftsman has drafted bills to amend the following acts and ordinances.

• Authority 272 of the Cattle Slaughter Ordinance No. 9 of 1893

• Act No. 29 of 1958 Concerning Animals

• Municipal Councils Ordinance – Section 252

• Section 255 of the Municipal Councils Ordinance

• Ordinance No. 15 of the Urban Council Act of 1987

The Attorney General has certified that the said Bills do not clash with the provisions of the Constitution.

Accordingly, the Cabinet Ministers have granted approval to the consolidated resolution tabled by the Prime Minister. The Ministers of Public Services, Provincial Councils and Local Government, and Agriculture approved the publication of these Bills in the government gazette as notifications and, thereby, their table in Parliament.

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Rifts over Port City lead to resignations

While the discussion on the LNG agreement with America continues, reports have come in regarding a rift between the Colombo Port City Commission, the Chinese company and the secretary to the president.

The most recent development in this rift is the resignations submitted by the legal adviser of the Colombo Port City commission Nihal Jayawardena and the company Capitol City Corporate Services which functioned as the Secretary to the commission.

Nihal Jayawardena was also a consultant at this company.

This situation was a result of the rift that initially began between the secretary to the president Dr. P.B. Jayasundara, the chairman of the Port City Commission President’s Council Gamini Marapana, and the managing director of Chinese Company CHEC Port City Colombo, even before the these recent resignations.

When we inquired into the matter it was revealed that the Chinese company had requested the port city commission to convert to dollars the rupee income received by leasing lands in Sri Lanka.

The Chairman of the Port City Commission Gamini Marapana had refused to allow this, as lands equivalent to the investment by the Chinese company in Sri Lanka has already been leased out to the Chinese company.

Gamini Marapana PC was of the stance that at a time when the country is facing a forex crisis, such a request cannot be approved.

Following the discussions the Managing director of the Chinese company had written to Gamini Marapana PC that discussion should be held once every fortnight, so that progress can be made on the port city project, and also forwarded a copy to the secretary to the president.

Responding to this letter secretary to the president P.B. Jayasundara had informed the chairman of the port city commission, that the meeting will be convened under his auspices.

The President’s secretary had informed Gamini Marapana PC to direct the Director General of the port city commission to organize this meeting once every fortnight.

Responding to this letter Gamini Marapana PC had informed the Secretary to the President, that as the commission was appointed by the president, the commission is answerable to the president and added that the secretary to the president has no power to intervene in these matters.

The letter had gone on to note that matters including organizing meetings are among the duties of the director General of the Commission.

Gamini Marapana PC had stressed that therefore he is against this process as it would undermine the trust placed in the port city commission.

Gamini Marapana PC had gone on to note that the secretary to the president is not empowered to advice the commission based on the needs of the Chinese Company.

Replying to this letter the secretary to the president had informed President’s Council Gamini Marapana that he will not intervene in the matter.

Meanwhile, the letter that was sent to the commission chairman by the President’s secretary in connection to the letter of the Managing Director of the Chinese connection had been copied to the President’s legal advisor Nihal Jayawardhena.

There had been a situation thereafter where a delay was experience in certain tasks that were allocated to the legal adviser and the secretary. The commission had then resorted to using other companies to fulfill those tasks.

The legal adviser and the secretarial company had then taken steps to officially resign from those responsibilities.

Tamil Nadu Police warn fishermen of attacks in Sri Lankan waters

The Tamil Nadu Police have warned fishermen that they could come under attack if they cross into Sri Lankan waters.

According to The Hindu newspaper law-enforcing agencies along the coastal districts have been advised to sensitise the fishing community to the risks, in the backdrop of simmering differences between the fishermen of India and Sri Lanka over catching fish in the Katchatheevu area.

Mechanised boats fishermen in Rameswaram were on a week-long protest demanding that the Central and State governments permit fishermen of India and Sri Lanka to fish in the Katchatheevu sea area. They also demanded suitable compensation for the boats seized by the Sri Lankan Navy.

The Coastal Security Group of the Tamil Nadu Police issued an alert stating that the possibility of an attack on Tamil Nadu fishermen by Sri Lankan fishermen could not be ruled out.

Additional Director-General of Police, Coastal Security Group Sandeep Mittal told The Hindu that the Indian Navy and Coast Guard had been alerted to provide enhanced security in vulnerable areas.

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New Constitution draft to Parliament in January

Foreign Minister Prof. G.L. Peiris said yesterday (18) that the work on the proposed new Constitution has been finalised by the experts committee chaired by Romesh De Silva PC, and that a draft of the new Constitution will be presented to Parliament in January 2022.

“President Gotabaya Rajapaksa, in his ‘Vistas of Prosperity and Splendour’ policy statement, has clearly stated that he will bring in a new Constitution. The current Constitution was created during the era of President J.R.

Jayewardene in 1978, 43 years ago. During those 43 years, Sri Lanka has faced several changes in various aspects. The Constitution is the supreme law of the country, but it is not engraved in stone. It should change according to new social needs and dynamics. President Rajapaksa appointed a committee composed of the most famous lawyers to do this and it was led by De Silva PC. This committee has finished its work,” Prof. Peiris told the media at a Sri Lanka Podujana Peramuna (SLPP) press conference held yesterday.

Attorney General (AG) Sanjay Rajaratnam PC has sent the draft compiled by the committee to the Legal Draftsman’s Department for the compilation of the final document, noted Prof. Peiris.

“We hope that we can present it to the Government towards the end of this year. Finance Minister Basil Rajapaksa’s inaugural Budget will be read in Parliament on 12 November 2021, and the vote on it will be taken on 10 December 2021. Thus, in January 2022, the Parliament will have the opportunity to focus on the new Constitution.”

The nine-member expert committee was appointed in September last year. Led by De Silva PC, its other members include, among others, Gamini Marapana PC, Manohara de Silva PC, Sanjeeva Jayawardena PC, Samantha Ratwatte PC, Dr. A .Sarveswaran, Prof. Wasantha Seneviratne, and Prof. G.H. Peiris.

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Cardinal Malcolm Ranjith and Elle Gunawansa Thera file FR

Colombo Archbishop Malcolm Cardinal Ranjith and Ven. Elle Gunawansa Thero today filed a Fundamental Rights petition in the Supreme Court seeking an order staying the operation of all agreements entered between the Government of Sri Lanka and New Fortress Energy Inc in relation to the sale of 40% of the shares of the West Coast Power (Private) Limited held by the Government of Sri Lanka to a US company.

The petitioners had named Cabinet of Ministers, New Fortress Energy Inc, West Coast Power (Private) Limited, Attorney General and several others as respondents in the petition.

The petitioners said signing of a “Definitive Agreement” on 21st September 2021 by between the Government of Sri
Lanka and the New Fortress Energy Inc is contrary to the law, arbitrary and infringement of their Fundamental Rights
guaranteed under Article 12(1) of the Constitution.

The petitioners alleged that the respondents have failed to give due consideration to the fact that the acceptance of the 53rd Respondent’s New Fortress Energy Inc unsolicited proposal to purchase 40% of the shares in the West Coast Power (Private) Limited is contrary to the National Energy Policy and Strategies (2019).

The petitioners are further seeking an interim order staying the operation of all
agreements entered into by and between the Government of Sri Lanka and New Fortress Energy Inc in relation to the supply of Liquefied Natural Gas or the deployment of a FSRU or construction of a R-LNG
Pipeline by the New Fortress Energy Inc to the Government of Sri Lanka.

This petition had been filed through Attorney-at-law Manjula Balasooriya.

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President rejects request from allied parties to discuss Yugadanavi Power Plant deal

President Gotabhaya Rajapaksa has rejected a request made by 11 allied parties of the government for a discussion on the agreement signed between the Sri Lankan government and an American company regarding the Yugadanavi LNG power plant in Kerawalapitiya.

Many quarters including the opposition as well as ruling party members had expressed objections to the agreement signed with the US-based New Fortress Energy to handover a 40% stake in West Coast Power Limited, the company that owns the power plant to New Fortress Energy.

It is against such a backdrop that 11 government parties made a written request to the President to provide an opportunity to discuss the matter.

The request had been made by the Democratic Left Front (DLF), the Lanka Sama Samaja Party (LSSP), the National Freedom Front (NFF), the Pivithuru Hela Urumaya (PHU), Ape Jana Bala Pakshaya, Sri Lanka Freedom Party (SLFP), National Congress, Eksath Mahajana Party, Sri Lanka Communist Party, the Sri Lanka Mahajana Pakshaya and the Yuthukama National Organization.

The letter requested the President to reconsider the agreement to hand over 40% of the Yugadanavi power plant to an American company and to implement the agreement following a proper tender procedure after a formal study.

The letter further stated that the monopoly of one company to generate electricity from gas through the agreement is a danger to the independence of the country.

However, President Gotabaya Rajapaksa has given a written response to the representatives of the allied political parties stating that it would be more appropriate to discuss this matter in the Cabinet or at a government party meeting.

However, President Rajapaksa has responded in writing to the representatives of those political parties stating that it would be more appropriate to discuss the matter in the Cabinet meeting or the ruling party meeting.

Furthermore, the letter states that the Secretary to the Finance Ministry and CEB officials would be instructed to brief them on this.

Meanwhile the President has also states that if there is any issue with the political decisions of the Sri Lanka Podujana Peramuna (SLPP) they should take it up with either party leader Prime Minister Mahinda Rajapaksa or national organizer Minister Basil Rajapaksa.

Accordingly, the party leaders have decided to meet on October 23 to discuss the meetings with the Premier and Finance Minister.

New Fortress Energy Inc. and the Government last month executed a definitive agreement for New Fortress’ investment in West Coast Power Limited (WCP), the owner of the 310 MW Yugadanavi Power Plant based in Colombo, along with the rights to develop a new Liquefied Natural Gas (LNG) Terminal off the coast of Colombo, the capital city.

Under the deal, New Fortress will acquire a 40% ownership stake of the power plant and plans to build an offshore liquefied natural gas (LNG) receiving, storage and regasification terminal located off the coast of Colombo.

According to Sri Lanka’s Marxist party, Janatha Vimukthi Peramuna (JVP), a contract has been awarded to New Fortress Energy without a tender to supply LNG for 10 years at a cost of US$ 6 billion. Under the agreement Sri Lanka has to pay whether it buys the gas or not.

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Sri Lanka: Authorities must end violence and discrimination against Muslims

Sri Lanka’s Muslim community has suffered consistent discrimination, harassment and violence since 2013, culminating in the adoption of government policies explicitly targeting the minority group, said Amnesty International, in a new report published today.

From Burning Houses to Burning Bodies: Anti-Muslim Harassment, Discrimination and Violence in Sri Lanka, traces the development of anti-Muslim sentiment in Sri Lanka since 2013 amid surging Sinhala-Buddhist nationalism. This discrimination has evolved from a rising series of mob attacks committed with impunity, into government policies explicitly discriminating against Muslims, including the forced cremation of Muslim Covid-19 victims and current proposals to ban both the niqab (face veil) and madrasas (religious schools).

“While anti-Muslim sentiment in Sri Lanka is nothing new, the situation has regressed sharply in recent years. Incidents of violence against Muslims, committed with the tacit approval of the authorities, have occurred with alarming frequency. This has been accompanied by the adoption by the current government of rhetoric and policies that have been openly hostile to Muslims,” said Kyle Ward, Amnesty International’s Deputy Secretary General.

“The Sri Lankan authorities must break this alarming trend and uphold their duty to protect Muslims from further attacks, hold perpetrators accountable and end the use of government policies to target, harass and discriminate against the Muslim community.”

Rising hostility towards Muslims

Incidents of violence towards Muslims have risen in frequency and intensity since 2013, with a series of flashpoints in which attackers and those responsible for hate speech have enjoyed impunity for their actions.

This escalating hostility began with the anti-halal campaign of that year, when Sinhala Buddhist nationalist groups successfully lobbied to end the halal certification of food, which demarks food permissible for consumption by Muslims, in accordance with Islamic scripture and customs. The campaign gave rise to a number of attacks on mosques and Muslim businesses, with the lack of accountability for those responsible acting as a signal to others that acts of violence against Muslims could be committed with impunity.

The following year, anti-Muslim riots in the southern coastal town of Aluthgama began after a Sinhala Buddhist nationalist group held a rally in the town. Here too, perpetrators of violence enjoyed impunity and authorities failed to deliver justice to victims.

Despite a new government in 2015, which promised justice and accountability for ethnic and religious minorities, attacks against Muslims continued to occur. Shortly after the election, anti-Muslim mob violence flared in the southern coastal town of Ginthota in 2017, while similar violence was seen in 2018 in Digana and Ampara, towns in the central and eastern provinces respectively. Not only did perpetrators escape accountability, victims and witnesses alleged the police and armed forces did not offer sufficient protection or act to prevent the violence.

Escalation since 2019 Easter Sunday attacks

Hostility towards Muslims increased markedly after more than 250 people were killed in coordinated suicide attacks committed by a local Islamist group and claimed by the Islamic State on Easter Sunday 2019.

Following these attacks, on 13 May 2019, Muslims in several towns in the North-Western Province of Sri Lanka came under attack during Ramadan, one of the holiest months in the Muslim calendar. Mosques across the country were also attacked and a spate of ‘hate speech’ posts and anti-Muslim vitriol was seen on social media. Emergency regulations rushed through by the authorities were also used to arbitrarily arrest hundreds of Muslims in the wake of the attacks.

Since taking office, the current government has continued to target and scapegoat the Muslim population to distract from political and economic issues.

This was evident in the mandatory cremation policy on the disposal of the bodies of Covid-19 victims, which was implemented despite cremation being expressly forbidden in Islam, and a lack of scientific evidence to substantiate the claims that burying victims would further the spread of the disease.

Government policies targeting Muslims

While the forced cremation policy has been reversed after the government succumbed to international pressure ahead of a vote on Sri Lanka at the UN Human Rights Council, the authorities are still seeking to implement discriminatory legislation, including a niqab ban and a ban on madrasas. If adopted, these restrictions would violate the freedom from discrimination based on religion guaranteed and safeguarded by Sri Lanka’s Constitution, and international human rights law which Sri Lanka is bound by.

The authorities have used existing legislation to target Muslims, including the Prevention of Terrorism Act (PTA), which permits suspects to be detained without charge for up to 90 days, and without being produced before a court. This is in addition to the misuse of the ICCPR Act, a law intended to prohibit the propagation of racial or religious hatred, amounting to incitement to discrimination, hostility or violence.

The report documents several cases in which these laws have been abused to target individuals, including Hejaaz Hizbullah, a lawyer and activist who has been detained for more than 15 months, and Ahnaf Jazeem, a poet and teacher, who was arrested on 16 May 2020 following unsubstantiated claims about his Tamil language poetry.

“From anti-terrorism laws and forced cremations to niqabs and madrasas, the Sri Lankan government has pursued a blatantly discriminatory policy agenda against Muslims. We urge the authorities to reconsider the proposals currently under consideration, and for the international community to monitor and take measures to ensure the freedom and protection of minority communities in Sri Lanka,” said Kyle Ward.

Sri Lanka reports 23 Covid-19 deaths on Monday, toll rises to 13,507

Sri Lanka Monday reported 23 deaths due to COVID-19 after the figures were confirmed by the Director General of Health Services on Sunday, October 17.

Among the deaths reported today, 10 are of males and 13 of females. The majority of deaths – 21 – are of elderly people in the 60 years and above age group.

According to the data reported by the Government Information Department, the total deaths due to Covid-19 since the pandemic began last year has now risen to 13,507.