CID probe into ‘harmful’ Chinese fertiliser?

Minister of Agriculture Mahindananda Aluthgamage has stated that he hopes to request the Criminal Investigations Department (CID) to conduct an investigation following the discovery of harmful microorganisms in the samples of organic fertiliser made in China, which are to be imported to Sri Lanka.

Addressing a media briefing last Friday (17), he said that the relevant samples were brought into Sri Lanka on an “unofficial” level and that the Agriculture Ministry has some concerns with the process of bringing the samples into the country and distributing them for testing.

“The Sri Lanka Standards Institution (SLSI) has named an independent laboratory in China and they carried out tests on these fertilisers. According to those tests, these organic fertilisers were found to be free of microorganisms. Thereafter, some samples of these fertilisers were unofficially brought here for testing. However, they came in a plastic bag. So anyone can inject something into it and doing so would completely change the quality of these fertilisers. This deal is a major deal. So I hope to request the CID to investigate this incident,” he said.

Aluthgamage also said that tests have so far identified the samples as containing the bacteria called Erwinia spp, which makes the fertiliser not suitable for potato, cabbage, and carrot cultivations. He further stated that such fertiliser will not be permitted to be imported.

“Fertiliser has arrived in Sri Lanka, oil has arrived in Sri Lanka, but it will be sent back if it is not of good quality. So there is nothing to worry about. We will not bring any garbage. All this fertiliser is made from seaweed. These fertilisers are to be imported to Sri Lanka in five consignments and the company has given a deposit of $ 5 million to the Agriculture Ministry for the first consignment of about 20,000 metric tonnes (MT) coming into the country,” he elaborated.

Meanwhile, when asked by journalists if there is any methodology to test the fertiliser when it is imported into the country, he said: “Fertiliser imported into the country is not unloaded all at once. Random samples will be tested and allowed to be unloaded only if they do not contain any harmful substances.”

Recently, a tender was awarded to import 99,000 MT of organic fertiliser made in China and its value is approximately $ 63 million. The mandatory tests carried out by the SLSI, the National Plant Quarantine Service (NPQS), and the Sri Lanka Atomic Energy Board (SLAEB) on its samples failed.

According to the testing agencies, the stock of fertiliser could contain harmful microorganisms, pathogens, and even diseases harmful to the soil, plants, and humans.

A letter sent to the Fertiliser Secretariat by the NPQS on the test results of the samples, which was seen by The Morning, states that both fertiliser samples they received contain harmful bacteria. According to the letter, two samples of solid organic fertiliser bearing numbers 388 and 389 have been referred to the NPQS by the National Fertiliser Secretariat on 31 August 2021. The samples have been subjected to standard microbiological tests to find out whether they are contaminated with culturable microorganisms. Accordingly, the letter sent by the NPQS read: “Sample No. 388 was found to be highly contaminated with gram-positive and gram-negative bacteria. Preliminary studies revealed the bacteria to be Bacillus spp and Erwinia spp, which can be pathogenic to plants. Similarly, sample No. 389 was found to be contaminated with gram-positive bacteria, which is also a Bacillus spp.”

Following reports that the mandatory tests carried out by the said institutions on these samples have failed, the local agent of the said Chinese company told The Morning last week that another set of samples are to be given to the SLSI, NPQS, and the SLAEB. Aluthgamage said at the press conference that another sample had been received by the Sri Lankan authorities.

An official of the local agent claimed that the fertiliser samples were received in Sri Lanka on 21 August but were tested by the SLSI on 8 September. Against that backdrop, he claimed that if the samples were exposed to the environment during that time, their condition could change. “We do not know what happened between 21 August and 8 September. Their condition can change through exposure to the environment.”

When asked if the SLSI, the NPQS, and the SLAEB have given them the test reports, he stated that no report has been received so far. However, one of the buyers of the fertiliser stock, Ceylon Fertilizer Company Ltd., has, in a letter, informed the Chinese manufacturer that tests carried out by the SLSI have found harmful bacteria in the samples,” he said.

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Sri Lanka reports 103 Covid-19 deaths on Sunday, toll rises to 12,125

Sri Lanka Sunday reported 103 deaths due to COVID-19 after the figures were confirmed by the Director General of Health Services on Saturday, September 18.

Among the deaths reported today, 56 are of males and 47 of females. The majority of deaths – 77- are of elderly people in the 60 years and above age group. A males and a female below 30 years of age also succumbed to the disease.

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 12,125.

Can Sri Lanka save GSP concessions? By M.S.M.Ayup

The whole Tamil politics seems to rely on making the government accountable to the human rights violations allegedly committed during the war between the armed forces and the Liberation Tigers of Tamil Eelam (LTTE). And the Tamil leaders have reposed their hope fully on the United Nations Human Rights Council and the UN system to achieve this end for the past 12 years – since the end of the war in 2009.

However, the pace of the UN system in this regard has not been swift as they expect. 12 years after the end of the war, and six years after the report of an investigation conducted by the UNHRC claimed that serious human rights violations have been committed by the armed forces and the LTTE during the war, it was only last March the UNHRC decided through a resolution to collect information and evidence about human rights allegedly violated in the country.

And on last Monday, during the second day of the current 48th regular session of the council the UN High Commissioner for Human Rights Michelle Bachelet while presenting her oral update to the council informed that the process of information gathering has begun.

“My Office’s work to implement the accountability-related aspects of Resolution 46/1 has begun, pending recruitment of a start-up team. We have developed an information and evidence repository with nearly 120,000 individual items already held by the UN, and we will initiate as much information-gathering as possible this year,” she said.

The Tamil Diaspora might use this opportunity to prosecute various people in various countries. It is not clear whether the Sri Lankan authorities have any plan to contribute to the information gathering against the LTTE leaders in other countries and initiate legal proceedings against them

She urged Member States to ensure the budget process provides the necessary support so that her Office can fully implement this work and requested the Council members to “continue paying close attention to developments in Sri Lanka, and to seek credible progress in advancing reconciliation, accountability and human rights.”

Hence, there is still a long way to go for something drastic to happen, if any. However, the resolutions passed and reports issued in the successive years during the past 12 years have been pestering the Sri Lankan leaders in power, through allegations which are being accumulated every six months.

Tamil political parties wanted the alleged human rights violations in Sri Lanka be referred to the International Criminal Court (ICC) through the UN Security Council. However, Sri Lanka’s friendly countries that have veto power in the Security Council might scuttle those efforts

Besides, the European Union (EU) too has teamed up with the UN human rights body with a resolution having been adopted in its Parliament on June 10, this year, based on the same Resolution 46/1 of the UNHRC. Despite the UNHRC process seemingly not being a threat to the country or to its political and military leaders in the near future, the European resolution is something like the Sword of Damocles hanging over the head. It threatens to further drain the foreign reserves which already have severely hit by the COVID-19 related issues, by removing the GSP+ concessions to Sri Lanka.

Bachelet during her oral update on Monday listed the actions taken by the government after the last session of the UNHRC which might violate human rights of the people. “In March, new ‘de-radicalisation’ regulations were issued that permit arbitrary administrative detention of individuals for up to two years without trial. I note that the Supreme Court has issued an interim stay order on their enforcement while it considers fundamental rights petitions to challenge the decree” she said. She included in her list the Emergency Regulations issued on August 30 which she said are very broad and may further expand the role of the military in civilian functions, Attorney General’s decision not to proceed with charges against former Navy Commander Wasantha Karannagoda in the case of the enforced disappearances of 11 men in 2008 and 2009, recent deaths in police custody and President’s recent pardon of former MP, Duminda Silva, who was convicted for killing Bharatha Lakshman Premachandra in 2011, which she claimed risks eroding confidence in the rule of law and judicial process.

The European resolution is something like the Sword of Damocles hanging over the head. It threatens to further drain the foreign reserves which already have severely hit by the COVID-19 related issues, by removing the GSP+ concessions to Sri Lanka

Finally, she states “Against this backdrop, my Office’s work to implement the accountability -related aspects of Resolution 46/1 has begun.” The resolution provides for the establishment of a central database at the Office of the High Commissioner for Human Rights (OHCHR) where information and evidence of human rights abuses in Sri Lanka can be stored and analyzed. This international mechanism will serve to support future trials of Sri Lankans accused of rights abuses in foreign countries and support victims of atrocities in their quest for justice.

The budgetary estimate provided to the Council by the OHCHR indicated that setting up the database would cost US$ 2.8 million over an 18-month period. Bachelet on Monday urged Member States to ensure the budget process provides the necessary support so that her Office can fully implement this work. In March, the OHCHR had estimated it will require 12 personnel to staff the mechanism, including three legal advisors, two analysts, two investigators/human rights officers, an information officer and an evidence officer, two juries-linguists, one victim support officer and one programme assistant. The budget estimate also makes provision for a high-level human rights officer for enhanced monitoring to the human rights situation in Sri Lanka.

However, according to analysts, the real test of the effectiveness of the resolution will rely largely on the commitment of UN member states to pursue justice against alleged Sri Lankan perpetrators. Amnesty International also said following the passage of the resolution “While the resolution was an important first step, the real impact will rely on UN member states using it as a basis for concrete action. Yet, the Tamil Diaspora might use this opportunity to prosecute various people in various countries. It is not clear whether the Sri Lankan authorities have any plan to contribute to the information gathering against the LTTE leaders in other countries and initiate legal proceedings against them.

Tamil political parties wanted the alleged human rights violations in Sri Lanka be referred to the International Criminal Court (ICC) through the UN Security Council. However, Sri Lanka’s friendly countries that have veto power in the Security Council might scuttle those efforts.

Unlike the UNHRC process, the EU’s reaction to the Sri Lankan human rights situation seems to be swift, as we witnessed in 2010 when the GSP+ concessions were withdrawn in response to Sri Lanka’s failure to meet the conditions laid down by the EU. A delegation from EU is scheduled to visit the country on September 27 to discuss the GSP+ issue this time, but the gap between the two parties’ stands on human rights issues is too wide.

Three Cabinet Ministers question violation of good governance principles-Themorning.lk

As predicted, Sri Lanka was in the international spotlight last week following the oral update on Sri Lanka by United Nations (UN) High Commissioner for Human Rights Michelle Bachelet, with the UK, representing the Core Group, the European Union (EU), and Japan speaking in support of the concerns raised by Bachelet.

However, Foreign Minister Prof. G.L. Peiris gave a clear indication to the UN Human Rights Council (UNHRC) that the Government, led by President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa, while addressing certain issues raised in UNHRC Resolution 46/1 on Sri Lanka, would not permit any form of external interventions in the country.

Nevertheless, the 48th Session of the UNHRC took a backseat in Sri Lanka due to several incidents that took place last week.

Starting from the alleged threat to detainees under the Prevention of Terrorism (Temporary Provisions) Act (PTA) at the Anuradhapura Prison by then State Minister of Prison Management and Prisoners’ Rehabilitation Lohan Ratwatte last Sunday (12) evening to the passage of a controversial cabinet paper that had resulted in three Cabinet Ministers raising objections in writing, there is never a dull moment in local politics.

Reports first surfaced recently of Ratwatte visiting the Welikada Prison with a few friends to see the gallows. It was reported that Ratwatte was under the influence of alcohol at the time of the visit.

Media reports, however, refrained from naming Ratwatte, but referred to a “drunken minister”.

Ratwatte’s name was first reported in a news report in The Morning last week following his alleged threat to PTA detainees at the Anuradhapura Prison last Sunday. MP Gajendrakumar Ponnambalam and the Tamil National Alliance (TNA) took to social media last Monday (13), condemning the State Minister’s actions and calling on the authorities to take action.

With reports of the prison break being highlighted in the mainstream media, Prime Minister Rajapaksa, who at the time was in Italy, had called Ratwatte and asked him to immediately step down. The Prime Minister had also called the President and said that Ratwatte needed to be removed from the portfolio.

Hearing reports of Ratwatte’s prison saga, the President had requested intelligence units to submit a report immediately on the alleged incident at the prison. The President had requested for reports on the two incidents – one at the Welikada Prison and the other at the Anuradhapura Prison.

After receiving the intelligence reports, the President understood the exact details of the incidents that had taken place at the prison.

The President had informed several senior government ministers that he would not tolerate such actions of members of the Government.

It was in this backdrop that Ratwatte had called and apologised to the President over the alleged incidents and news reports. Ratwatte had then offered to resign from the post of State Minister of Prison Management and Prisoners’ Rehabilitation.

The President had responded saying that it was what needed to be done, as he (the President) would have anyway sacked him (Ratwatte).

President Rajapaksa had also noted that a committee would be appointed to conduct an inquiry into Ratwatte’s conduct and necessary action in this regard would be taken upon the Prime Minister’s return to the country.

Last Wednesday (15), Ratwatte made public a letter that on the surface seemed like a letter of resignation but left a lot of room for interpretation.

In the letter, Ratwatte had explained that there had been media reports of an incident that had taken place in prison, and he had decided to step down from his post as State Minister of Prisons in order to prevent the Government from facing any difficulties.

However, in the letter, after saying he had decided to resign from the prisons portfolio, Ratwatte had asked for the President’s recommendation.

Angry at Ratwatte’s alleged threat to the detainees and his actions that had brought shame on the Government, President Rajapaksa immediately accepted the letter. Not stopping at that, the Presidential Secretariat also issued a statement to the media noting that Ratwatte had accepted responsibility for the incidents that had taken place within the prison premises and had tendered his resignation and that the President had accepted it.

However, Ratwatte continues to deny the incident at the Anuradhapura Prison and claimed he had visited the prison as part of his routine visits, and that as the minister in charge at the time, he had the right to visit the prison at any time he wished.

While the actions of the President and Prime Minister against Ratwatte were commendable, Ratwatte still remains a state minister of the Government, as he holds the portfolio of State Minister of Gem and Jewellery.

Meanwhile, several complaints were lodged against Ratwatte’s actions at the prison before the Criminal Investigation Department (CID). Minister of Public Security Sarath Weerasekera ordered the CID to conduct an investigation into the complaints.

Interestingly, the PTA detainees at the Anuradhapura Prison had requested to meet Minister of Sports and Youth Affairs Namal Rajapaksa to express their grievances.

Namal visited the Anuradhapura Prison last Thursday (16) and discussed the issues faced by the detainees and assured that he would work to ensure their release.

Letters of objection

Meanwhile, the Government was last week reminded of an issue over good governance practices in relation to a cabinet paper that was submitted by Minister of Finance Basil Rajapaksa.

Three Cabinet Ministers – namely, Vasudeva Nanyakkara, Wimal Weerawansa, and Udaya Gammanpila – last week submitted three separate letters to the Cabinet of Ministers over a cabinet paper presented by Basil on the Yugadanavi Power Station in Kerawalapitiya.

The ministers were first displeased by the manner in which Basil had presented the relevant cabinet paper out of the meeting’s agenda that day.

The cabinet paper proposed the divesting of the 40% stake in the Yugadanavi Power Station held by the Treasury to US-based New Fortress Energy Inc.

Interestingly, many cabinet ministers were unaware till last week that the relevant cabinet paper was passed at the meeting on the 6th.

It is learnt that Basil had presented the cabinet paper after the meeting had concluded discussing all official matters and had even fixed the next date for the meeting. Most ministers were in the process of leaving the Zoom meeting (cabinet meetings are currently held via Zoom in line with Covid-19 health guidelines) when Basil had presented the cabinet paper.

The ministers were not aware of the content of the paper since they had not received a copy of it earlier, as is usually done with other cabinet papers.

Basil’s Yugadanavi cabinet paper now stands as having received cabinet approval, with the minutes of the meeting being approved at last Monday’s (13) meeting.

However, Nanyakkara, Weerawansa, and Gammanpila had, in writing, expressed their objections to the manner in which the relevant cabinet paper was adopted as well as concerns over issues that had arisen as a result of awarding the deal to New Fortress Energy.

The ministers had noted that it was the first time in cabinet history that a key cabinet paper was presented out of the meeting’s agenda and pushed through without the cabinet ministers being aware of the document’s content.

The three ministers had written three separate letters more or less outlining the same issues.

Other issues raised by the ministers were the monopoly that would be created in the supply of natural gas due to the deal and the violation of good governance principles, since the Yugadanavi deal had been awarded to a party outside the tender procedure.

During last Monday’s cabinet meeting, Basil had noted the objections raised by the three ministers and stated that he would personally meet with them and discuss the concerns raised by them.

Accordingly, Basil had requested the three ministers for a meeting at the Finance Ministry on Friday (17) afternoon.

Nanayakkara, Weerawansa, and Gammanpila made their way to the Finance Ministry for the meeting scheduled at 1.30 p.m. on Friday. The Finance Minister was accompanied by Treasury Secretary S.R. Attygalle and Ceylon Electricity Board (CEB) Chairman M.M.C. Ferdinando.

Interestingly, neither Minister of Power Gamini Lokuge nor State Minister of Renewable Energy Duminda Dissanayake were present at the meeting.

At the outset of the meeting, Basil had acknowledged the concerns and issues raised by the three ministers, and had explained the ongoing financial crisis in the country and the need for dollar inflows to the country.

Attygalle and Ferdinando had made a presentation to the three ministers and had also pointed out the need to improve the country’s dollar reserves.

The proposed deal with New Fortress is to bring in $ 250 million to the state coffers.

Basil had then noted that the prices quoted by New Fortress were anyway less than the amounts quoted by the parties that submitted tenders.

When the three ministers had pointed out that the tender conditions were different to those in the proposed deal, Basil had observed that there was an urgent need to carry out the quick transformation of diesel power plants into liquefied natural gas (LNG).

Anura slams Sajith

Meanwhile, Opposition Leader Sajith Premadasa was asked to get a “head examination” by Janatha Vimukthi Peramuna (JVP) Leader Anura Kumara Dissanayake.

Dissanayake made this comment in response to Premadasa’s statement that the Government should resign and hold a snap general election immediately.

He said the Government should resign, as it had failed to pull the country from bankruptcy.

“This Government has created an era of queues once again with its policy of closing the economy. Sri Lanka is unable to settle its debts. This is simply called bankruptcy. (The) Government had pushed this nation towards bankruptcy. Therefore, it should resign and give the people the opportunity of electing a new government of its choice. People want a new government which is capable of reviving the economy,” Premadasa said, adding: “We in (the) SJB have (the) expertise to revive the economy. (The) Government should resign forthwith. (The) people have tolerated enough.”

Dissanayake, in response to Premadasa’s statement, said it was “utterly immature and irresponsible”.

He further noted that this was not an appropriate time to conduct an election.

Hit hard

On the issue of Sri Lanka’s human rights record, UN High Commissioner for Human Rights Bachelet presented an oral update on Sri Lanka on the opening day of the 48th Session of the UNHRC.

Bachelet last Monday said that the continued surveillance, intimidation, and judicial harassment of human rights defenders, journalists, and families of the disappeared in Sri Lanka had now broadened to include students, academics, medical professionals, and religious leaders who are critical of the Government.

“I note with interest President Gotabaya Rajapaksa’s recent meeting with certain civil society leaders, and I encourage broader dialogue and steps to open up Sri Lanka’s civic space. Regrettably, surveillance, intimidation, and the judicial harassment of human rights defenders, journalists, and families of the disappeared has not only continued, but has broadened to a wider spectrum of students, academics, medical professionals, and religious leaders critical of government policies. Several peaceful protests and commemorations have been met with the excessive use of force and the arrest or detention of demonstrators in quarantine centres,” she noted.

Bachelet urged the Government to publicise the new regulations concerning civil society, which are currently being drafted, as there are widespread fears that they will further restrict fundamental freedoms.

She raised concerns over the new state emergency regulations that were imposed at the end of August “amid a deepening recession”, and stressed that her office would be closely monitoring their application since they have the potential to “further expand the role of the military in civilian functions”.

Commenting on the ongoing investigations into the Easter Sunday terror attacks, she said: “The victims of the Easter Sunday bombings in 2019 and religious leaders continue to call urgently for truth and justice, and a full account of the circumstances that permitted those attacks.”

Bachelet focused on the continued detention of Attorney-at-Law Hejaaz Hizbullah and teacher and poet Ahnaf Jazeem under the Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979, and urged an immediate moratorium on its use, adding that a clear timeline needs to be formulated for its comprehensive review or repeal.

“In June, 16 prisoners who had been convicted under the problematic PTA, and who were nearing the end of their sentences, were pardoned. An Advisory Board has been established to which detainees under the Act can apply for their cases to be reviewed, and I urge a speedy resolution to these long-standing cases,” Bachelet said.

Similarly, Bachelet raised concerns about the new “de-radicalisation” regulations which were issued in March this year.

“They permit the arbitrary administrative detention of individuals for up to two years without trial. I note that the Supreme Court has issued an interim stay order on their enforcement while it considers fundamental rights petitions to challenge the decree. The Government has also proscribed or listed over 300 Tamil and Muslim groups and individuals for alleged links to terrorist groups,” she noted.

“I urge Member States to ensure that the budget process provides the necessary support so that my office can fully implement this work. I encourage council members to continue paying close attention to developments in Sri Lanka, and to seek credible progress in advancing reconciliation, accountability, and human rights.”

Meanwhile, Special Rapporteur on the promotion of truth, justice, reparation, and guarantees of non-recurrence Fabian Salvioli had informed the UNHRC last week that Sri Lanka had witnessed a profound deterioration in its human rights situation over the past 18 months.

He had further stated that there had been insufficient progress in relation to the search for the truth, and the flagrant setback in the areas of accountability, memory, and guarantees of non-repetition.

The Special Rapporteur had added that the situation jeopardises the transitional justice process in Sri Lanka.

No external initiatives

Responding to Bachelet’s statement, Foreign Minister Prof. Peiris said last Tuesday (14) that the Sri Lankan Government rejected any external initiatives established by Resolution 46/1, which was adopted at the Council earlier this year, as it will polarise the Sri Lankan society.

“We reject the proposal for any external initiatives purportedly established by Resolution 46/1 while domestic processes are vigorously addressing the relevant matters. This will polarise our society, as we experienced with Resolution 30/1,” said Prof. Peiris.

Resolution 30/1 was adopted in 2015 by the UNHRC, by the previous United National Front (UNF)-led Government, where it was agreed to establish a judicial process which would include foreign legal personnel to promote reconciliation and accountability on human rights violations which allegedly occurred during the civil war years.

Prof. Peiris, however, informed the UNHRC that it must adhere to its founding principles and said that external initiatives embarked without the co-operation of the relevant state in question cannot lead to the achievement of their goals and are subject to politicisation.

He added that resources spent on the Sri Lankan initiative are unwarranted, especially when taking into consideration the “urgent need for humanitarian and other constructive purposes in many parts of the world”.

Prof. Peiris said that under the pressing challenges that had arisen as a result of the Covid-19 pandemic, “it is a basic duty of a government to ensure the uninterrupted supply of commodities essential to the life of the community”.

“We are open in acknowledging our challenges, and as a responsible and democratic government, we are committed to achieving tangible progress on the entire range of issues relating to accountability, reconciliation, human rights, peace, and sustainable development,” he added.

The Minister further stated that the cabinet subcommittee appointed to revisit the PTA to bring it in line with international norms will submit its report to the Cabinet of Ministers at the end of this month.

“An Advisory Board was appointed to look into cases of detention under the PTA and to make recommendations to deal with such cases expeditiously. The speedy disposal of cases under the PTA is also taking place,” he added.

Referring to other domestic processes implemented by the Government to ensure accountability and reconciliation, he said: “The Office on Missing Persons (OMP) is finalising the list of missing persons in collaboration with other agencies. The Office for Reparations (OR) has processed 3,775 claims this year. The Office for National Unity and Reconciliation (ONUR) continues its eight-point action plan. The National Human Rights Commission is carrying out its mandate. A Commission of Inquiry (CoI) headed by a sitting judge of the Supreme Court was established to address issues on accountability and missing persons and to revisit recommendations by previous commissions. The CoI submitted its interim report to the President. The final report will be submitted within the next six months.”

Prof. Peiris claimed that in the 12 years since Sri Lanka eradicated the Liberation Tigers of Tamil Eelam (LTTE) terrorist organisation, peace, stability, and security had been restored, and the country had continuously adhered to democratic traditions.

“We held firm to our democratic traditions and elections were held at regular intervals with high levels of voter participation – most recently, at the 2019 presidential and 2020 parliamentary polls. The Government is committed to holding the provincial council (PC) elections at the earliest. We are dealing with post-conflict recovery from the perspective of healing. Most recently, 16 LTTE cadres convicted of serious terrorist crimes were granted presidential pardons. The success of post-conflict demining, reconstruction, and resettlement programmes has contributed immensely to national reconciliation.”

Core Group dismayed

Meanwhile, UK Ambassador to the UN and the World Trade Organisation (WTO) in Geneva Simon Manley, in his statement last Tuesday on behalf of the Core Group on Sri Lanka at the 48th UNHRC Session, said that they were disappointed to see a regression of the limited progress made on accountability on key emblematic cases.

“Recent developments in the case involving the disappearance of 11 youths in the 2008-2009 period are of particular concern,” Manley said.

Manley made these comments in reference to Attorney General (AG) President’s Counsel Sanjay Rajaratnam’s recent decision to temporarily hold proceedings of the charges against former Navy Commander and Admiral of the Fleet Wasantha Karannagoda. The Court of Appeal had issued an interim order halting the hearing of the charges levelled against him in connection with a writ petition filed by Karannagoda. Karannagoda was named as a defendant in the Colombo Permanent High Court Trial-at-Bar case filed against a group of naval intelligence officers pertaining to the alleged abduction and enforced disappearance of 11 youths in Colombo in 2008 and 2009.

Manley also called on the Sri Lankan Government to ensure the political independence of the OMP and the Office for Reparations.

Commenting on the PTA, Manley urged the Government to bring its counter-terrorism legislation in line with international human rights obligations and raised concerns over the continued detention of human rights lawyer Hizbullah and poet Jazeem under the Act.

“We call on Sri Lanka to co-operate fully with the UN High Commissioner for Human Rights Michelle Bachelet, and remain ready to support the Government on the implementation of Resolution 46/1,” Manley stressed.

The Core Group on Sri Lanka comprises Canada, Germany, North Macedonia, Malawi, Montenegro, and the UK.

The EU, meanwhile, urged Sri Lanka’s engagement with the UNHRC on Resolution 46/1 and the need for continued efforts for reconciliation, accountability, and human rights in line with the Resolution.

The EU expressed regret over the Sri Lankan Government’s decision to no longer support the UN framework to address the legacy of the past conflict, to ensure acknowledgements for victims, and to foster accountability, reconciliation, and human rights.

The EU also noted the declared intent of the Government of Sri Lanka to maintain a sustainable reconciliation process, including by ensuring the effective work of the OMP and the Office for Reparations, and called on the Government to implement its commitments in that regard and to guarantee the independence of these institutions.

In the statement, the EU stressed on the importance of amending the PTA, bringing it in line with international norms and human rights standards.

The EU also reiterated that a fully empowered, resilient, and inclusive civil society as well as independent media are crucial for democracy.

The EU encouraged the Government of Sri Lanka to remain engaged with the UN in relation to Resolution 46/1, as well as with international partners, and will continue to support Sri Lanka’s efforts in this regard as well as with a view to further strengthen the dialogue on governance, rule of law, devolution, and human rights.

Japan also weighed in at the UNHRC Session, stating that there was room for improvement in Sri Lanka on the human rights issue.

The Japanese also underscored the importance of Sri Lanka continuing to take voluntary actions.

“With respect to Sri Lanka, while there is room for improvement in the areas of national reconciliation and human rights, we understand that the Government is taking various measures including investigation by the Commission of Inquiry and payment of compensation. It is important that Sri Lanka continues to take voluntary actions and the international community supports Sri Lanka in this effort,” Ambassador Ken Okaniwa stated last Tuesday.

Pressure on Core Group

Prior to the commencement of the UNHRC sessions last Monday, several Tamil political parties called on Core Group members to go beyond Resolution 46/1 to address the issues faced by the country.

Accordingly, the Tamil National People’s Front (TNPF) and the All Ceylon Tamil Congress (ACTC) last week called on the Core Group for more action.

TNPF President G.G. Ponnambalam and General Secretary S. Kajendren had issued the letter highlighting that Resolution 46/1 was highly problematic.

The TNPF and the ACTC pointed out that, as Tamil leaders, they were disappointed with the Resolution, stating that it did not even meet the basic expectations of the Tamil victims, especially in relation to international accountability for alleged grave violations of international humanitarian law and human rights law.

The two minority parties also highlighted concerns over the Resolution’s framing of issues, which they claim was highly problematic, as those issues were not accurately portrayed in terms of the political context.

“Six months have lapsed since the passing of Resolution 46/1 on Sri Lanka. In these six months, every single warning that we alluded to was proven to be true,” the letter noted.

In the letter, they pointed out that the Tamil political prisoners continue to languish in jail without charge or trial. This was even after key ministers, including the Minister of Justice, stated that the law under which these prisoners had been detained – the PTA – is unjust and needed to be, at the very least, amended.

The two parties also urged the Core Group to refer Sri Lanka to the International Criminal Court (ICC) and establish an independent mechanism to inquire into crimes, including crimes of genocide. In the letter, both parties also requested to appoint a UN Special Rapporteur to report on ongoing violations in Sri Lanka and the establishment of field offices of the Office of the UN High Commissioner for Human Rights (OHCHR) in the North and East.

“We pointed out that the matter being brought to the UN Security Council (UNSC) in itself would bring attention and urgency to Sri Lanka’s chronic evasion of accountability, and hence we urged that the Core Group signal their intention to bring forth a resolution to the UNSC for ICC referral without further delay,” the letter read.

Continuous violations

Meanwhile, a total of 10 religious and civil society leaders had written to UN High Commissioner for Human Rights Bachelet claiming that, despite the adoption of UNHRC Resolution 46/1, the Government of Sri Lanka had continued to commit human rights violations against minorities, especially those who engage in peaceful protests.

The group, led by Pottuvil to Polikandy (P2P) Movement Co-ordinators Velan Swamigal and Kandaiah Jagathas, had alleged that women were also being harassed by the Government’s actions.

“The leaders of the P2P march, held in February this year, are continuously harassed by State Intelligence officers, under the guise of ‘inquiry’. Leaders of peaceful protests of families of the disappeared and other victims, most of whom are women, are also harassed by State Intelligence officers, some of whom visit their households at night,” the letter stated.

The leaders had further claimed that families of the disappeared encounter numerous challenges with the OMP, as military personnel had been appointed to it by the Government, whilst ignoring numerous calls to appoint credible international experts on disappearances to its positions.

“The OMP, set up to address the disappearances, is used by successive governments to distract from the plight of the disappeared,” the letter added.

A similar memo sent by the Association for Relatives of the Enforced Disappeared (North and East) had noted that the OMP is “completely inactive” and had accused the Government of trying to “dilute” the issue by paying the families of victims compensation instead of investigating into the cause of the disappearances and finding out who the guilty party was.

The letter by the 10 civil society and religious leaders had brought attention to the plight of Tamil political prisoners held under the PTA and the issue of land-grabbing in the Northern and Eastern Provinces.

“Several government departments, including the Mahaweli Authority, the Department of Archaeology, and the Department of Wildlife Conservation, are used by this Government to grab land which traditionally belonged to the Tamil people.”

Extremist ideologies

While Sri Lanka was in the spotlight at the UNHRC, Prime Minister Rajapaksa and Foreign Minister Prof. Peiris last week expressed the Government’s stance on extremism and extremist ideologies.

Addressing the G20 Interfaith Forum in Bologna, Italy, Prime Minister Rajapaksa noted that extremist ideologies and the violence associated with it represent one of the most serious challenges of our time.

The Prime Minister recalled the tragic events of 9/11 and shared a deep sense of grief with the families of victims of this outrage.

“This is a reminder of the need for eternal vigilance against all forms of terrorist action, whoever be the offenders and whatever be their professed aims and purposes,” the Prime Minister said.

Speaking on reconciliation, he said: “Reconciliation is a critical need of our time. Conflicts and escalating tensions are all too evident around us. Peace and stability come from healthy relationships with all who live in our countries, including those with whom we have deep disagreements.”

Prime Minister Rajapaksa also identified that young minds are impressionable, and it is during the childhood years that there is the greatest chance to develop the right attitudes and values.

“While there are clearly differences embedded in the substance of different religions, there is also a core of beliefs and convictions that are common to all religions,” he explained.

Accordingly, it was noted that it is the duty of policymakers and educationists, through the curriculum and methods of teaching in our schools and universities, to emphasise what all religions share.

“Sri Lanka is trying its best to adopt a balanced approach to human development. While progress on economic issues is necessary to support rapidly growing populations, this cannot be done at the expense of the environment,” the Prime Minister expressed.

Also speaking at the same summit, Foreign Minister Prof. Peiris expressed that political parties that profess overtly to be ethnic or religious in character and complexion were a critical problem with regard to the formulation of foreign policy.

“There is no need for such parties to detach themselves from the national policy by the formation and emergence of political groupings that are sectarian. This is hugely detrimental to the solidarity and unity of our countries,” he stated.

The Minister also noted that in Sri Lanka, minority communities had reached the pinnacle of political power as members of national political parties, while adding that this had not inhibited their rise within the democratic system.

It was also mentioned that any enlightened foreign policy had to be based upon the concept of mature nationhood.

“Foreign policy is an extension of domestic policy. You cannot do it in an acrimonious and divided way,” he said.

While adding that Sri Lanka is a country where different parts of the nation speak different languages and hail from a multitude of cultural backgrounds, the Minister remarked that education plays a key role in bridging this gap.

“Different ethnic communities are being compartmentalised. There is hardly any opportunity for young people to get to know each other because of languages. Education and a link language play a key role,” Prof. Peiris highlighted.

Constitution-making

Meanwhile, the Government seems to be moving forward in its endeavour to draft a new constitution, with the Expert Committee appointed to draft the new constitution being granted a three-month extension to submit the final draft to President Rajapaksa.

However, it is learnt that an initial draft was being studied by the Legal Draftsman’s Department.

With the extension given to the Expert Committee, it is believed that the final draft of the proposed new constitution would be submitted by December to the President.

The Expert Committee is chaired by Romesh de Silva PC and includes Gamini Marapana PC, Manohara De Silva PC, Sanjeewa Jayawardena PC, Samantha Ratwatte PC, Prof. Naazima Kamardeen, Dr. A. Sarveswaran, Prof. Wasantha Seneviratne, and Prof. Peiris. The nine-member committee to draft the new constitution was approved by the Cabinet in September last year.

The Tamil National Alliance (TNA) had sought a meeting with the President to discuss the proposed new constitution. The President is yet to grant an appointment to the TNA.

Posted in Uncategorized

India supplies 20 more passenger coaches

In line with India’s continuing commitment to assist Sri Lanka in the development of its railway infrastructure, a consignment of 20 railway passenger coaches supplied by Rail India Technical and Economic Service (RITES) Ltd, reached Colombo Port on September 17, 2021.

This consignment is a part of the contract to supply 160 passenger coaches to Sri Lanka Railways, funded under an Indian Line of Credit of USD 318 million.

The value of this contract is USD 82.6 million.

With this consignment, a total of 60 coaches out of 160 have been supplied to Sri Lanka and 20 more coaches are ready to be shipped from India.

The first lot of passenger coaches had arrived Sri Lanka in March 2021, following which requisite trials were conducted.

These State-of-the-Art ‘India-made’ modern passenger coaches have been custom made and built as per the requirements of Sri Lanka Railways, said the Indian High Commission.

Under the Line of Credit of USD 318 million, RITES Ltd is also scheduled to supply 2 AC diesel multiple units (DMU) to Sri Lanka Railways.

The first AC DMU set (13 coaches) is ready for shipment from India and is waiting for nomination of a ship by Sri Lanka.

Other projects under this line includes Up-gradation of the Railway Line from Maho to Omanthai (128 kms), Maho-Anuradhapura Signalling project, Double Tracking of Railway Line from Polgahawela to Kurunegala etc.

RITES Ltd has previously supplied 6 DMUs (contract completed in October 2019) and 10 Diesel Locomotives Railways (contract completed in June 2020) to Sri Lanka, funded under a separate Line of Credit.

India’s overall development assistance to Sri Lanka is close to USD 3.5 billion, said the Indian High Commission adding this includes projects/initiatives under Lines of Credit as well as grant.

Development of railway infrastructure in Sri Lanka is a sector of special focus, in line with the priorities of the Government and people of Sri Lanka.

In this connection, reconstruction of railway lines (268 Kms), installation of signal and telecommunication system (330 Kms), up gradation of coastal railway line (118 Kms) have already been completed. Various other projects are at different stages of implementation.

Posted in Uncategorized

President leaves for US to attend UN summit

President Gotabaya Rajapaksa has left for the US to attend the UN General Assembly (UNGA).

The President is scheduled to address the UNGA on 21st September.

Cabinet co-spokesman Dullas Alahapperuma said this week that the visit to the UN by President Gotabaya Rajapaksa was important.

Alahaperuma said that the Government had used available technology to attend most overseas events without travelling overseas.

“Only essential overseas visits were undertaken in the recent past,” he added.

However, he said the visit to the UN was important, especially at a time when the country is facing criticism at the UN Human Rights Council in Geneva.

“Attending the UN General Assembly at this time, with a small delegation, will not be disadvantageous to the country,” he said.

The Cabinet co-spokesman said that it is the responsibility of the Government to attend such events without placing an additional burden on the economy.

Elected Sri Lanka ruling party MP to resign for diplomatic posting in US: source

Elected ruling Sri Lanka Podujana Peramuna (SLPP) parliamentarian Mahinda Samarasinghe has decided to vacate his seat and take up an ambassador post in the United States, a source close to the MP said on Saturday (18).

“He opted for the US ambassador post,” the source, who has been involved with Samarasinghe’s political career for more than a decade, told EconomyNext.

Local media, however, said he will be appointed as the ambassador for the US and Mexico. Samarasinghe was not immediately available for comment.

The ex MP was elected from the island nation’s Western coastal district of Kalutara in the 2020 parliamentary poll. He polled the least preferential votes out of the eight SLPP legislators elected to parliament.

Kalutara district SLPP candidate Wadduwage Manju Lalith Varna Kumara is next in the list to succeed Samarasinghe, a party source said.

Before his resignation, Samarasinghe was on a three month leave from parliament that was approved by the legislature. He has attended only 48 parliament sessions out of a total 93 so far held since the 2020 election.

Before joining politics, he was in the foreign service and served as the first secretary to the Sri Lanka High Commission in Australia as well as a counselor for the Sri Lankan Permanent Mission to the United Nations in Geneva during the 1980s.

Samarasinghe entered active politics in 1988 and was elected to the parliament in 1994 under center-right United National Party (UNP). He crossed over to the then government side in 2006, joining the ranks of the center-left Sri Lanka Freedom Party (SLFP).

He had served as minister of Labour, Disaster Management, Plantation, Skills Development, as well as Ports and Shilling in his parliamentary career. He, as Port Minister, signed the Chinese-built $1.5 billion Hambantota port deal to be handed over to China in 2018 on a 99-year lease.

Samarasinghe is the third SLPP legislator to resign from the parliament since July.

Already Jayantha Ketagoda resigned to make way for Basil Rajapaksa, younger brother of both president and prime minister, to become the finance minister in July. Last week, Ajith Nivard Cabraal resigned to take up the position of central bank governor at the request of President Gotabaya Rajapaksa.

Samarasinghe defected from the Rajapaksa camp after the 2015 presidential poll defeat and joined former president Maithripala Sirisena. He lost the parliamentary election later in 2015, but Sirisena appointed him under the national list.

Samarasinghe’s name was in the Wikileaks quoted by then US ambassador to Colombo Robert Blake in 2007.

The cable said Samarasinghe had expressed concern that the President and his two brothers have rendered his human rights and humanitarian access efforts ineffective and that he would not sacrifice his political career to become “part of a white wash” for the Government of Sri Lanka’s (GSL) recent human rights violations.

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Sri Lanka reports 84 Covid-19 deaths on Saturday, toll exceeds 12,000

Sri Lanka Saturday reported 84 deaths due to COVID-19 after the figures were confirmed by the Director General of Health Services on Friday, September 17.

Among the deaths reported today, 51 are of males and 33 of females. The majority of deaths – 58- are of elderly people in the 60 years and above age group. Two males and one female below 30 years of age also succumbed to the disease.

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 12,022.

India Feels the Squeeze in Indian Ocean with Chinese Projects in Neighborhood

NEW DELHI —
From a new rail and road link that gives China overland access for the first time to the Indian Ocean via Myanmar to infrastructure projects in Sri Lanka’s east and north, concerns are running high in India as its rival, China, edges closer to its coast, analysts have told VOA.

While India has long confronted China along their rugged Himalayan borders, the maritime challenge is also growing as relations with its Asian neighbor have worsened.

Last month, Beijing transported a test cargo by road from Myanmar’s Yangon port on the Indian Ocean to the Chinese border province of Yunnan and by rail onto Chengdu in Sichuan province in southwestern China.

As the new trade route opened, China’s special envoy for Asian affairs Sun Guoxiang visited Myanmar for talks with its military rulers, who ousted the elected government of Aung San Suu Kyi in February.

Beijing, which has not condemned the army coup in Myanmar, is pressing ahead with bilateral projects that include a deep seaport in Myanmar’s Kyaukpyu along the Bay of Bengal.

It would be the third Chinese-developed port in India’s vicinity after Gwadar in Pakistan and Hambantota in Sri Lanka.

“Clearly they are coming closer and closer to India and that is extremely worrying given its adversarial, hostile relations with China,” said Rajeswari Pillai Rajagopalan, director for the Center for Security, Strategy and Technology at New Delhi’s Observer Research Foundation.

“Although these are civil projects, the overall worry is that these countries are falling more and more into Chinese influence,” he told VOA.

China has been building infrastructure projects in Sri Lanka and Myanmar — countries that provide access to the Indian Ocean, the vital sea lanes that ferry Beijing’s oil imports and carry its exports to the Africa, Middle East and Europe.

In Sri Lanka, India’s latest worries center on the Colombo Port City project being built by a Chinese state-owned firm adjacent to the strategic Colombo Port, just 300 kilometers from India. Those concerns intensified after the island country passed controversial legislation in May that critics say will give China virtual control over the approximately 62-hectare reclaimed land that is to be developed as a special economic zone.

Colombo hopes the Chinese development will turn into a financial hub between Singapore and Dubai, create hundreds of jobs and boost its struggling economy.

Sri Lankan geopolitics and foreign policy analyst Asanga Abeyagoonasekera described it to VOA as a “strategic trap.”

“Once you give these on a 99-year-lease, what kind of hold does the Sri Lankan government maintain? The danger is the that these could easily be turned into Chinese colonies or Chinese zones of activity,” he said.

“The hybrid nature of Chinese projects such as the 5G network is a question everywhere in the world,” he said, noting that there are suspicions of expansion of Chinese projects beyond their initial purpose. And that, he added, “represents a serious security threat.”

A $12 million renewable energy project awarded to a Chinese firm to be built on Sri Lankan islands off the northern Jaffna peninsula that lie barely 50 kilometers from India’s coast earlier this year is also causing concern in New Delhi.

While Beijing’s presence has loomed in big infrastructure projects in Sri Lanka such as the Hambantota port, an airport and highways for years, the Chinese footprint has grown since the return to power of President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa – the brothers have long been friendly to China.

“The leaders in Sri Lanka have amplified the pro-China tilt that began during their previous term,” according to Abeyagoonasekera.

Although built as trade routes as part of China’s ambitious Belt and Road initiative, these projects give significant potential military advantages, analysts said.

“It is not simply about protecting their commerce. This is part of China’s broader expansionism and the Chinese vision is of dominating the high seas and being a great maritime power,” Sreeram Chaulia, dean of the School of International Affairs of O.P. Jindal University, said.

Deepening distrust about Beijing in New Delhi following last year’s bruising, nine-month standoff along their Himalayan borders has made India more alert to the maritime threat it faces as it feels increasingly squeezed in the Indian Ocean, analysts say.

It is pushing back by accelerating its naval engagement with other countries also seeking to counter China. Once hesitant, India has now embraced the Quad, the informal alliance of India, the United States, Japan and Australia.

“India will need to step up its own naval capabilities but even if you make the investments today, developing these takes a very long time. So, India is building up its diplomatic muscle by increasing naval partnerships with countries,” Rajagopalan said.

Most recently those efforts were demonstrated during a visit last week to New Delhi by the Australian defense and foreign ministers.

Stating that both countries are working to enhance Australia’s “posture” in the Indian Ocean region, Australian Defense Minister Peter Sutton said that “It is in the sovereign interests of us both to align our strategy, our capability and our resources.”

Since last month, four Indian warships have also been engaged in exercises and port visits with the Philippines, Vietnam, Singapore, Indonesia and Australia in the Indo-Pacific.

However, analysts say despite efforts, India and its allies like Japan have been less successful in helping countries in the South Asian region develop the infrastructure for which they have turned to China.

“They need to do more on this front,” Chaulia said, adding, “If we wait for another five or 10 years, then China would already be in all the prime spots in this littoral region.”

Source:VOA News

UN expert draws bleak picture of Sri Lanka

A UN expert has drawn a bleak picture of the human rights situation in Sri Lanka, especially over the past 18 months.

The Special Rapporteur on the promotion of truth, justice, reparations and guarantees of non-recurrence, Fabian Salvioli told the UN Human Rights Council in Geneva yesterday that Sri Lanka has witnessed a profound deterioration in the human rights situation over the past 18 months.

He also said that there has been insufficient progress in relation to the search for the truth, and the flagrant setback in the areas of accountability, memory and guarantees of nonrepetition. The Special Rapporteur said that the situation jeopardizes the transitional justice process in Sri Lanka.

However, the Sri Lankan mission in Geneva said that the government remains committed to implementing its commitments under human rights

treaties that it is a party to, as well as the country’s voluntary undertakings. “We have regularly engaged with the UN mandated human rights system and briefed on the progress of commitments undertaken, including the continuity of the existing reconciliation mechanisms,” the Sri Lankan mission said.