Civil society slam Foreign Ministry over statement against Ambika

A number of civil society organisations and individuals have come out in support of human rights lawyer and advocate, Ambika Satkunanathan after the Foreign Ministry criticised her over comments she had made to the EU Parliament’s Sub-Committee on Human Rights.

In a joint statement, 161 individuals and 47 organisations/networks/trade unionists said they consider the targeting of outspoken members of civil society by a Government institution using dangerous insinuations to be a form of intimidation aimed at stifling dissent and freedom of expression.

“Statements such as this by the Foreign Ministry, we believe, aim to constrain civil society engagement as an independent interlocutor with the international community on democracy and rights issues, standing up for the rights and protection of affected communities and individuals,” the joint statement said.

In her submission to the EU, Ms. Satkunanathan made a critical assessment of the human rights situation in Sri Lanka and its international and national obligations to its citizens, and provided recommendations to European Union member states.

“Rather than engage substantively with the issues raised, the Sri Lankan Government instead chose to cast aspersions on an individual with an unimpeachable record of principled research, advocacy and public service for the improvement of human rights in Sri Lanka. The attempt by the Foreign Ministry to draw an analogy between the independent advocacy of a Tamil activist and researcher with the claims of the LTTE is both unwarranted, mischievous and chilling,” the joint statement said.

Issuing a statement earlier, the Foreign Ministry noted with concern what it claimed were numerous misleading statements contained in the testimony of Ambika Satkunanathan, during an exchange of views on the situation of human and labour rights in Sri Lanka at the European Parliament’s Subcommittee on Human Rights on January 27, 2022.

“We note with deep concern the continuing incidents of harassment of victim-survivors, human rights activists, media workers and civil society organisations by state actors. Creating an enabling environment for civil society will require more than mere assertions that civil society is treated as a partner, and the shifting of the NGO Secretariat to a new Ministry,” civil society organisations and individuals said.

Lankan court bails out Hejaaz Hisbullah, Amnesty International “Prisoner of Conscience”

The Sri Lankan Court of Appeal on Monday ordered to release on bail Attorney-at-Law Hejaaz Hizbullah, who had been arrested under the Prevention of Terrorism Act (PTA).

The order was issued by a judge bench comprising Justices Menaka Wijesundera and Neil Iddawela after accepting motion filed on behalf of Mr. Hizbullah seeking his release on bail.

When the petition in question was taken up recently, the Attorney General’s Department informed the court that it would not object to the request for bail.

Accordingly, after taking into consideration the facts presented by President’s Counsel Romesh de Silva on behalf of the petitioner and AG’s Department, the Court of Appeal ordered the Puttalam High Court to release Attorney-at-Law Hejaaz Hizbullah on bail.

Hejaaz Hizbullah was arrested on April 14, 2020 under the PTA iin order to be questioned regarding the Easter Sunday attacks. He was accused by the police of aiding and abetting Insaf Ahamed, who was involved in the April 21, 2019 bombings.

Hejaaz Hizbullah is a 41-year-old human rights lawyer who has been unlawfully detained by the Prevention of Terrorism Act (PTA) in Sri Lanka.

He earned his Master’s degree in the United Kingdom as a Chevening scholar, which is the UK’s international scholarships program. He had begun studying constitutional law at early stages of his career.

He is married to Maram Khalifa and together they have a daughter, but he has never been able to see her because she was born while he was in detention in November 2020.

Hizbullah wrote a letter for Eid this year to his wife that reads “I too miss Egypt and how free we are or how free I am. I don’t feel constrained by anything. I think (daughter’s name here) will be a good travel companion. I can see myself swimming with her in the Red Sea!! InshAllah.” For context, his wife Maram is from Egypt.

Alleged Crime and Imprisonment

Hizbullah was arrested on April 14, 2020 by the Criminal Investigation Department (CID), but not officially charged until March 3, 2021. He was originally arrested under the Prevention of Terrorism Act for alleged involvement in the 2019 Easter bombings. He was accused of aiding and abetting suicide bomber Inshaf Ahamed, but this accusation has been withdrawn. He was placed under detention on order of the President of Sri Lanka, Gotabaya Rajapaksa under section 9 PTA This allows a minister the permission and power to detain by order up to eighteen months if there is reasonable belief that the person is connected to an unlawful act.

Hizbullah has had case files removed, was detained over six months without charge, and had numerous laws violated against him. A person must be presented before a magistrate within 72 hours of being detained by the PTA if a detention order is not issued. Hizbullah did not receive an order until April 25, 2020, 11 days later. The order was renewed on October 14 and his case before the magistrate was pushed to February 18, 2021.

He was charged on March 3, 2021 with speech “inciting communal disharmony,” and “advocating national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence” under the ICCPR Act and “for conspiracy and abetment charges” under the Penal Code.

Since arrest, Hizbullah has been denied due process. He has been detained for an extended period of time without oversight or bail. In police custody, he was not allowed to have legal counsel and since his February indictment, has not been able to see his family.

As of August 2021, he had been detained for 16 months without any evidence. He was being locked up in a 6×3 foot cell.

His family believes that he was targeted because of his activism and human rights work. He has been openly critical of the government, especially when abuses towards religious and ethnic minorities have been increasing.

Influence and Recognition

Hejaaz Hizbullah’s case has gained international attention and also brought awareness to the cases of others unlawfully detained under the PTA such as 26-year-old poet and teacher Anhaf Jazeem.

In July 2021, 11 international human rights organizations called for the release of Hizbullah. They are Amnesty International; Human Rights Watch; Article 19; Asian Forum for Human Rights and Development; CIVICUS: World Alliance for Citizen Participation; Front Line Defenders; International Bar Association’s Human Rights Initiative; International Commission of Jurists; International Movement Against All Forms of Discrimination and Racism (IMADR); International Working Group on Sri Lanka; and Sri Lanka Campaign for Truth and Justice.

The European Parliament’s June 10, 2021 Resolution on “Sri Lanka, in particular the arrests under the Prevention of Terrorism Act” specifically mentioned Hizbullah by name. In section ‘F’ it states “whereas the PTA has been systematically used for arbitrary arrests and the detention of Muslims and minority groups in Sri Lanka, including Ahnaf Jazeem, a 26-year-old Muslim teacher and poet, and Hejaaz Hizbullah, a well-known lawyer for minority rights and the rule of law”.

The United Nations Core Group on Sri Lanka, consisting of Germany, Canada, North Macedonia, Malawi, Montenegro, and the United Kingdom has raised concerns at the 44th, 45th, and 47th sessions over the detention of Hejaaz.

In her June 21, 2021 opening speech at the 47th session of the Human Rights Council, UN High Commissioner for Human Rights Michelle Bachelet mentioned the PTA’s targeting of minorities. “I am concerned by further Government measures perceived as targeting Muslims, and by the harassment of Tamils,” she said, adding “Recent counter-terrorism regulations – which include the listing and/or prohibition of more than 300 Tamil and Muslim groups and individuals for alleged support of terrorism – will also not advance reconciliation.”

He has been recognized by Amnesty International as a “prisoner of conscience,” meaning those who have not called for violence or hatred, but detained for their identity or belief systems, such as religious or political.

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Jaishankar-Peiris to focus on economic assistance, fishers issue

Sri Lankan Foreign Minister G.L. Peiris will meet External Affairs Minister S. Jaishankar on Monday, in his first visit to India since being appointed last August. Both sides are expected to discuss India’s economic support to Sri Lanka, plans for new infrastructure projects and pending issues over fishermen’s rights.

Announcing Mr. Peiris’ arrival in Delhi on Sunday, the Ministry of External Affairs (MEA) said Foreign Secretary Harsh Shringla would call on him on Monday morning, and he would meet Mr. Jaishankar later in the day, and fly out on Tuesday.

BIMSTEC summit

Officials are also expected to discuss Sri Lanka’s plans to hold the BIMSTEC (Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation) summit on March 30 as the current Chair of the regional grouping that includes Bangladesh, Bhutan, India, Myanmar, Nepal, Sri Lanka, Thailand, which Prime Minister Narendra Modi has also been invited to attend.

The Foreign Minister arrived just days after the Export Import Bank (EXIM) of India and the Government of Sri Lanka signed a $500- million Line of Credit agreement which would help Sri Lanka cope with its current fuel shortages. Last month India announced it would defer Sri Lankan debt repayment of $500 million by two months, and extended a $400 million currency swap arrangement, to give its neighbour some breathing space on a currency reserve crunch.

India and Sri Lanka have signed an MoU for the development of oil facilities in Trincomalee, after detailed talks with Sri Lankan Finance Minister Basil Rajapaksa during his visit to Delhi in November. Both governments are in talks for another $1 billion in assistance from India, which will be reviewed during Mr. Peiris’s visit, and also during another visit later this month by Mr. Basil Rajapaksa.

Tensions over fishing

However, long-drawn differences over fishermen’s rights are expected to be on the agenda for talks, as Sri Lanka demands that Indian fishermen stop “bottom trawling” and overfishing of the Palk Straits. Tensions escalated last month after mid-sea clashes between Indian and Sri Lankan fishermen that led to the death of two Jaffna fishermen. Meanwhile, on January 25, Sri Lanka released more than 50 Indian fishermen who had been detained by the Sri Lankan navy in December. The foreign ministers are expected to discuss ways to defuse tensions over the issue.

Mr. Peris has met Mr. Jaishankar on two previous occasions in the past few months, including on the side-lines of the UN General Assembly in New York, and an Indian Ocean Region conference in Abu Dhabi in December. He was Foreign Minister of Sri Lanka from 2010-2015 under then-President Mahinda Rajapaksa who is now Prime Minister.

G.L.- Modi meeting yet to be confirmed

Foreign Minister Prof. G.L. Pieris landed in India yesterday on a two-day official visit, with hopes of meeting Prime Minister Narendra Modi tomorrow, although a meeting had not been confirmed by the Indian Prime Minister even as at last night, according to well-placed sources.

The death of Bollywood playback singer Lata Mangeshkar, who died in Mumbai early yesterday, has also complicated matters, with the Indian Government declaring two days of state mourning as a mark of respect for her. She will be accorded a state funeral and to condole her demise, the Bharatiya Janata Party (BJP), which Modi represents, has postponed the launch of its state election manifestos and a planned virtual rally of Modi in Goa has also been cancelled.

Prof. Pieris is making his first official visit to India since he received his post as the Foreign Minister, and was due to meet India’s External Affairs Minister Dr. S. Jaishankar and most likely Prime Minister of India Narendra Modi.

“Prof. Pieris will be participating in meetings and discussions tomorrow and day after, after which he will return to the country. He is due to meet Minister Jaishankar and we hope that there will be a meeting between him and Prime Minister Modi as well,” official sources told The Morning earlier yesterday.

This is Prof. Pieris’ first official visit to India since he resumed office, ahead of the 49th United Nations Human Rights Council (UNHRC) session, due to begin on 28 February. He arrived in New Delhi last evening on the invitation of Dr. Jaishankar. He was received in Delhi by High Commissioner of Sri Lanka Milinda Moragoda.

A meeting between Minister of Finance Basil Rajapaksa and Modi, which was scheduled to be held on 2 December, during the Finance Minister’s visit to India, failed to materialise, due to what government sources indicated were scheduling issues.

Last month, seven political parties representing the Tamil-speaking people in the North and the East, sent a letter to Prime Minister Modi, requesting that the Indian Government urge the Government of Sri Lanka to fully implement the 13th Amendment to the Constitution of Sri Lanka.

Prof. Pieris conducted his first diplomatic briefing for 2022 at the Foreign Ministry on 26 January, where he briefed the diplomats present on the cabinet approval that was granted to the the amendments to be made to the Prevention of Terrorism (Temporary) Provisions Act No. 48 of 1979 (PTA). However, civil society activists and groups have since condemned these reforms, claiming it as an “eyewash,” and falls short of the expectations of the call for the repeal of the PTA.

Meanwhile, India has been assisting Sri Lanka with its economic crisis, with a $ 500 million credit line being extended to Sri Lanka last week as well for the import of fuel, as Sri Lanka grappled with fuel shortages, insufficient for its power stations to supply electricity. Last month, the Trincomalee Oil Tank Development Complex project was approved by the Cabinet of Ministers and the agreement pertaining to it was signed with Lanka Indian Oil Company (LIOC) on 6 January.

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Tamil MPs Jointly Write To Lord Ahmed To Challenge His Silence On Human Rights Violations In Sri Lanka

As Sri Lanka concludes their celebrations of their 74th year of independence, several Sri Lankan Parliamentarians, and other representatives of the Tamil community in Sri Lanka, have written to the Minister for South Asia, the United Nations and the Commonwealth at the Foreign, Commonwealth & Development Office, Lord Tariq Ahmad highlighting their concerns with the deteriorating human rights situation in Sri Lanka risking their lives.

The letter addressed a plethora of publicly reported cases which highlights several different aspects of human rights violations. The letter emphasized that these public cases only demonstrate a fraction of cases that are present, tip of the iceberg. They also submitted a list of the most recent, media reported cases dating from November 2019, till as recent as January 2022. The list included over 800 cases, and within January 2022 alone there have been 38 reported cases.

Regarding torture and deaths in police custody, they highlighted the importance of the Scottish Police in stopping their training. While acknowledging the decision to stop training the Sri Lankan military they urged the Scottish Police not to train them in future. Additionally, they highlighted that most of the cases that have been publicized were brought out by Sri Lankan journalists outside the country, as this indicated that sources inside the country many do not have the space to safely operate without their human rights being infringed upon.

Furthermore, the letter revealed that there continues to be ongoing unlawful arrests, abductions, illegal detentions by the security forces against the Tamils and acknowledges that only a fraction get reported in the media. One can sense the arrogance of the Sri Lankan authorities as it reports at least one of the reported incidents occurred whilst the EU human rights’ investigation team was in Sri Lanka.

The victims of these crimes tend to be young men from the north and east of Sri Lanka, who had no connection with the LTTE, as they were children during the war. MP Rishad Bathiudeen, who is currently incarcerated, corroborated this by stating that “Within last 2 months, 40-45 Tamil youth arrested under Prevention of Terrorism Act are held in prisons. I’ve spoken to some in their early 20s while I was in prison. They must have been 10 or 12 at the time war ended”.

The letter further uncovers, there have been many recent cases of former LTTE cadres being arrested to paint a false narrative of LTTE resurgence. This has been done to justify continued militarisation of the north and east. Moreover, a number Parliamentarians and journalists have been arrested and questioned arbitrarily, further highlighting the imminent fear they face daily. There are some noticeable triggers to these arrests and abductions, such as protests and commemorations, as well as simple social media posts.

They emphasized the units of the Sri Lankan government and security forces that are involved, including police officials, Criminal Investigation Division, and the army.

Many Sri Lankan MPs have backed this letter such as Justice and TPNA Leader  C.V. Wigneswaran,TELO Leader  Selva Adaikalanathan, TELO Secretary General Govindan Karunakaram,TELO  S. Noharathalingam, PLORE Leader  Dharmalingam Sithadthan,ITAK  Charles Nirmalanthan, ETSK Leader Mrs Anathy Sasitahran,TNLA Secretary  M. K Shivajilangam, and ITAK Sivagnanam Shritharan.

They also jointly requested the UK government, as the pen holder for the Geneva process, to do more to vet and screen Sri Lankan officials it engages with, to apply Magnitsky Sanctions to Sri Lankan alleged war criminals, to exercise universal jurisdiction over alleged perpetrators and to speak out about ongoing grave violations of human rights that drive so many Tamil people to flee their homes and seek refuge abroad.

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All Island Working Committee meets: SLFP adopts 15-point document

The main coalition partner of the governing alliance, the Sri Lanka Freedom Party (SLFP), yesterday (5) called on the Government to hold the Local Government (LG) Polls without further delay and to formulate an All Party Committee (APC) to discuss and address the multiple challenges facing the country.

The decisions were adopted by the SLFP All Island Working Committee that convened yesterday under the patronage of Party Leader former President Maithripala Sirisena.

The SLFP adopted a 15-point document that was prepared by the party’s Working Committee last week.

The SLFP noted that the LG Polls should be held without delay to ensure the people’s right to exercise their franchise.

The proposed APC, which should be appointed casting aside political differences and agendas, should focus on discussing and successfully managing the multiple crises faced by the country. This committee could work according to a set timeframe and formulate short- and medium-term solutions to the crises.

The party has also called for a new constitution that further strengthens parliamentary democracy to be formulated within a period of one year.

The document adopted yesterday noted that the SLFP had formed the Sri Lanka Nidahas Podujana Sandanaya with the governing Sri Lanka Podujana Peramuna (SLPP) after agreeing with the ‘Vistas of Prosperity and Splendour’ policy document.

The SLFP has resolved that the current economic crisis was not brought about by the Covid-19 pandemic, but was intensified and exposed by it.

The party has also proposed that immediate action be taken against fraud, corruption, and irregularities reported from many parts of the country in order to build public confidence in the rule of law and uplift Sri Lanka’s image before the international community.

Referring to the Government’s organic fertiliser policy, the SLFP has stated that unscientific decisions and practical issues taken in relation to the policy had resulted in farmers protesting while also threatening the country’s food security.

The party has resolved that the Government should take immediate steps to address the impending rice shortage in the Maha season due to crop failures and that relief be provided to paddy farmers as well as cultivators of minor export crops.

On the power crisis, the SLFP has noted that it was an extension of the ongoing economic crisis and was not brought about due to the failure to set up more coal or thermal power plants. The SLFP has called on the Government to focus on renewable energy sources and act against technical or institutional obstacles that delay the initiation of renewable energy projects.

The party has further noted that the Government should take steps to properly manage moves by some ‘economic assassins’ to sell the country’s assets for cheap to earn money amidst the ongoing crises.

The SLFP has further stated that given the challenges faced by the country, there was a threat of emerging crises in the sectors of food security, power and energy security, economic security, and ecological security.

According to the SLFP, the growing public dissension against the Government indicates the multiple crises identified by the party.

“The growing public dissention witnessed island-wide shows the political instability that stems from the crises that have been identified. The Government should positively manage these unstable scenarios.”

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Govt.-people trust deficit widens; SLPP’s coalition partners prepare papers to offer solution to crisis

When a country reels from a severe crisis, its people rely on their Government to come together, present a unified front and lay out clear strategies on how it intends to overcome it. Most of all, the people expect their Government to be honest with them regarding the seriousness of the crisis.

In Sri Lanka, where the country has been beset by a multitude of crises, none of these things is happening. The Government has been plagued by disunity and open confrontation between various coalition partners. Its leaders express views that are completely opposite of each other and consequently, the people are none the wiser as to what’s going on.

The fact that a majority of the people have lost trust in the Government has been plain for some months and Government leaders have only themselves to blame. Their messaging has often been convoluted at the best of times. There have also been occasions where some Ministers and MPs have peddled complete falsehoods.

The results are reflected in the way that the people have been reluctant to accept the Government’s claims over various issues in recent months. Motorists have rushed to filling stations to fill up their tanks over rumours of fuel shortages, ignoring numerous assurances from the Government that there is no such shortage. Many people continue to be wary about using LP gas cylinders despite claims that the cylinders now being issued to the market are safe. Even the widespread hesitancy among the public to obtain a third COVID vaccine dose as a “booster” can partly be blamed on the trust deficit between the Government and the people. The Government has been unable to counter a wide array of misinformation being peddled on social media by various anti-vaxxer elements because most of the people are prepared to believe online falsehoods and rumours spread by word-of-mouth than statements made by Government politicians and officials.

One need not look further than the previous Yahapalana Government regarding how much self-inflicted damage can be caused by different people expressing differing viewpoints. During the Yahapalana years, one Minister would make a statement only for the then Co-Cabinet Spokesperson Rajitha Senaratne to say something that completely contradicted it. The then minister Senaratne also had a penchant for going off script during post-Cabinet media briefings, leaving journalists confused as to whether he was expressing Government policy or his personal opinion.

The Sri Lanka Podujana Peramuna (SLPP)-led Government has fared little better. The stormy relationship between the SLPP and its coalition partners has only worsened as the country’s economic crisis went from bad to worse. Some, on the other hand, do argue that it is a good thing that there are internal breaks on a Government that is being run by a family.

Coalition partners have been frustrated at the way the SLPP has given them the cold shoulder since the Government came to power. A meeting of the alliance — comprising the SLPP and its coalition partners and officially known as the Sri Lanka Nidahas Podujana Sandanaya (SLNPS) — has not been convened since the 2020 Parliamentary elections. The Sri Lanka Freedom Party (SLFP), in particular, has publicly accused the SLPP of reneging on the agreement the party signed with it in the run up to the Parliamentary elections. Opposition from coalition partners was one of the primary reasons that the Government was forced to backtrack on the tripartite agreement with India and Japan to develop the East Container Terminal (ECT) of Colombo Port. The same parties have also strongly come out against the proposed agreement on selling Government owned shares of the Yugadanavi power plant to US based New Fortress Energy.

Immediate solutions

Many of these same coalition parties are now planning to present a document containing a set of proposals detailing “immediate solutions” to the various pressing issues currently faced by the country. Some of these parties met last week for initial discussions on the issue. Leaders of these parties are due to meet again next week to finalise the document, at which point the parties will make it public by holding a news conference. Those involved in the discussions include Ministers Wimal Weerawansa, Vasudewa Nanayakkara and Udaya Gammanpila and MPs Athuraliye Rathana Thera, Weerasumana Weerasinghe and Gevindu Kumaratunga.

Though the crisis has reached critical levels, neither the Government nor the Opposition is discussing the situation in-depth, claimed DEW Gunasekara, the Communist Party’s former General Secretary, who, along with current General Secretary Dr. G. Weerasinghe, is also involved in the formulation of the document. “This crisis came about due to the Government’s wrong economic strategy and the COVID-19 pandemic. The Government claims it is only due to the COVID pandemic that the economy has crashed while the Samagi Jana Balawegaya (SJB) and the United National Party (UNP) insist that it is due to Government’s inefficiency. The Janatha Vimukthi Peramuna (JVP) cites corruption as the main issue. Yet, we have observed that no one is doing an in-depth analysis of the country’s debt crisis,” the veteran politician told the Sunday Times.

The matter has not been seriously discussed in Parliament while the President’s recent speech during his Statement of Government Policy also did not address the issue, Mr Gunasekara remarked. “This is wrong. The people have to be kept informed. Otherwise, they don’t know.”

The former Government Minister wondered why the Central Bank did not raise the alarm earlier over the way the country’s foreign reserves plunged from USD 7.1 billion when Gotabaya Rajapaksa took over as President to just USD 1.5 billion late last year.

In recent weeks, some prominent members of the Government have increasingly spoken out in favour of seeking a bailout from the International Monetary Fund (IMF) to prevent Sri Lanka from plunging into bankruptcy. Parties such as those of Mr Gunasekara, however, have staunchly opposed the neo-liberal policies of the pro-West IMF for many years and they are not about to back down now: “You can go to the IMF, but will that solve the crisis?”

The current situation all over the world was a “crisis of neoliberalism” and it was up to all parties to engage in a serious discussion on the best way to come out of it, he opined.

The Government continues to flood the market with rupees in desperation but has not been able to find dollars. The economy is sinking at an alarming rate. With around 70% of the country’s workforce informally employed, the concern is that if the situation continues to deteriorate, those depending on the informal economy will no longer be able to earn enough to support themselves and their families. This could drive people to revolt. No political leadership has been given to address the crisis, according to Mr Gunasekara. “You need to be honest with the people. When the country was facing an economic crisis, Dudley Senanayake admitted to the extent of the crisis and people tightened their belts. Parliament is the main forum where we can educate the public about the situation. When I was young, we would go there and listen to the speeches of the MPs to educate ourselves on matters such as the economy. Where are those speeches now?” the Communist Party stalwart asked.

Indeed, today’s Parliament has been reduced to little more than MPs hurling crude insults at each other. Many rarely stick to the topic that they are supposed to talk about. Some don’t say a word about the subject of the debate they are supposed to be speaking of. They clearly make no effort to learn about the subjects either, a fact reflected in the numbers of books borrowed by MPs last year. A House of 225 MPs borrowed just 330 books from Parliament’s extensive library reserved exclusively for MPs. Of these, 122 were fiction books while only 11 books on economics were borrowed — perhaps this is a reflection of what Mr Gunasekara says. Most MPs don’t really analyse the economic situation in-depth because they do not understand the extent of the crisis. Parliament has not been able to provide the educational qualifications of MPs even when asked. Little wonder then that the people constantly complain how they are sick of all 225 of their representatives in the House.

Mr Gunasekara claims he warned President Gotabaya Rajapaksa during the height of the COVID pandemic that he needed to do more to educate both the MPs and in turn the public about the country’s economic crisis. “He (the President) convened a meeting of Government party leaders to discuss the pandemic at which point, I told him that our health sector was more than capable of controlling the pandemic but appealed to him to organise a workshop to educate the MPs on the economic situation and also to keep the people informed. I told him then that if he did that, at least half the people who voted for him would stand by him. He merely smiled.”

SLFP’s proposals

While other coalition partners are trying to finalise a list of immediate solutions to the prevailing crisis, the SLFP is formulating its own set of proposals with the aid of a group of university lecturers and professionals that are working with the party. The document will include the party’s solutions to the major crises affecting the country, SLFP MP and Environment Minister Mahinda Amaraweera said. “The other coalition partners have not approached us so far over formulating such a document but we are also open to it. If they wish, we can all work from the document we are currently formulating on the matter.”

Formulating such proposals is one thing. Whether any of them are practical is another matter altogether. Moreover, it remains to be seen whether the SLPP will accept them.

For all the tensions between the SLPP and the SLFP, the latter remains a member of the Government. The question of whether the SLFP will leave the Government has hung in the air over the past several weeks due to the war of words that has been taking place between the two parties. The party has faced pressure from frustrated supporters to quit the Government and go its own way. Yet, when the SLFP’s Central Committee met last week, the subject of leaving the Government did not even come up for discussion.

While MPs of the two parties continue to take shots at each other, the SLFP seems to have resolved that leaving the Government at this juncture will be of no advantage to them. Instead, the party is moving ahead with discussions with smaller political parties with the aim of forming a broader alliance to contest elections separately from the SLPP. Opposition parties have always insisted that the SLFP was never serious about leaving the Government and it was simply a media circus designed to divert people’s attention from more pressing issues.

The Government coalition parties aren’t the only ones attempting to come up with “solutions” to the country’s problems. The SJB yesterday (29) unveiled its Samagi Govijana Prakashanaya (Farmers’ Proclamation) at a ceremony held in the vicinity of the historic Parakrama Samudraya in Polonnaruwa. The proclamation will detail the solutions the party proposes to help farmers recover from the tragedy that has befallen them due to the Government’s self-inflicted fertiliser crisis, said Kurunegala District MP Nalin Bandara, who is also National Organiser of the Samagi Govijana Balawegaya.

The proclamation will contain 17 main points. This includes a demand made by farmers and farmers’ organisations that the Government provide compensation up to Rs. 100,000 per acre for agricultural lands that suffered damage owing to the fertiliser crisis. The Cabinet this week approved a proposal to allocate Rs. 40 billion to provide compensation for farmers who have suffered losses to their crops owing to the fertiliser issue. In essence, taxpayers have been forced to pay for the Government’s ill-conceived overnight ban on agrochemicals, but as farmers point out, even Rs. 40 billion in taxpayer funds will not be enough to compensate them. Yet, the Government officially refuses to acknowledge its failure on the issue, preferring to blame officials, Opposition parties, the media and farmers themselves for the catastrophe.

Darker days are ahead

As farmers brace for street protests demanding more compensation for their losses, the country’s energy sector is also facing a herculean task due to the foreign exchange crisis. The Government is struggling to find foreign exchange needed for fuel imports. The country’s power grid has been hit by shortages over the past several weeks owing to lack of diesel and furnace oil for thermal power plants, which now supply the bulk of electricity, especially during peak demand times.

The Ceylon Electricity Board (CEB) has been mulling power cuts lasting up to 90 minutes due to the energy shortfall and has been seeking approval from power sector regulator Public Utilities Commission of Sri Lanka (PUCSL). After reviewing the situation on Thursday (27), the PUCSL ruled that power cuts were unnecessary till January 31. The regulator is due to review the situation tomorrow.

Even those within the Government advocate 90-minute power cuts now to stave off what they say will be cuts lasting up to three hours or more in a few weeks if the fuel situation does not improve. Energy Minister Udaya Gammanpila is the most notable among them. Addressing a media briefing on Thursday, he offered “advice” to the CEB to go for 90-minute power cuts now, warning that the Board might be compelled to impose three-hour power cuts in a few weeks if the situation could not be managed. The minister has been at odds with his Cabinet colleague, Power Minister Gamini Lokuge over the power crisis ever since the Ceylon Petroleum Corporation (CPC) under Mr. Gammanpila refused to provide fuel to the CEB under Mr. Lokuge until the latter paid for fuel supplies in dollars.

The Energy Minister’s comments are in line with the Ceylon Electricity Board Engineers’ Union (CEBEU), which has warned that the situation has reached a tipping point. Trade union action by the powerful union helped trigger changes to the topmost posts of the CEB this week, with Dr. D.C.R. Abeysekera appointed as the CEB’s new General Manager, putting an end to what the CEBEU has called the “illegal” appointment of Dr. Susantha Perera as Acting GM. CEB Chairman M.M.C. Ferdinando, who the union had called on earlier to resign due to his decision to appoint Dr Perera as Acting GM, also submitted his letter of resignation to President Gotabaya Rajapaksa this week. The chairman is to step down effective from February 1.

Yet, changes in personnel will not help alleviate the country’s power crisis, CEBEU President Saumya Kumarawadu said. “It is up to the Government to offer solutions to the crisis. There is no doubt, however, that we will be forced to go for extended power cuts if hydropower generation continues to fall,” he added.

With rain being so scarce in the catchment areas, the situation is not expected to improve anytime soon. Kumarawadu blamed the Yahapalana Government for the current mess, citing former President Maithripala Sirisena’s abrupt decision to cancel the 500 MegaWatt Sampur coal power plant. “That plant was due to be commissioned in 2020. Another 250 MegaWatt power plant was due to be commissioned at Kerawalapitiya last year but that wasn’t built either. The failure by the previous Government to build more power plants has led us to this situation.”

The CEBEU has also been criticised by some Government politicians, including Power Minister Lokuge. It has been noted that it is the CEBEU that has been announcing power cut schedules over the past few weeks instead of the Board itself — a highly questionable practice where a trade union seems to be making decisions independent of the CEB’s administration. The union is also facing accusations that it is part of the “mafia” that exists in the energy sector, with its members actively trying to sabotage renewable energy projects in favour of coal.

The CEBEU President, however, brushed these allegations aside. He claimed the union was compelled to make its own announcements regarding power cut schedules after the previous administration refused to publish power cut schedules that engineers had drafted. “Wouldn’t it be better to carry out power cuts to designated areas according to a pre-announced schedule rather than impose unscheduled power cuts to certain areas to try and balance the system? That’s why we announced the schedules when the administration refused.”

As things stand now, the Rajapaksa Government has set a target of increasing the country’s renewable energy mix to 70% by 2030. Mr. Kumarawadu would not be drawn into the practicality of the plans. “Our job as engineers is to come up with a Least Cost Long Term Power Generation Plan in line with Government policy. We are doing that. It is up to the Government to find the resources and the funds to implement that policy.”

Meanwhile, some Opposition politicians, energy experts and even some CEB officials are claiming that if the situation does not improve by March and the rains do not come, it could lead to a situation where the CEB would be forced to announce power supply times to the public. Accordingly, power might only be available for limited hours of the day. This nightmare scenario, if it does happen, will result in further retardation of an economy already in recession.

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A rational majority -Written by Kusum Wijetilleke

The Tamil Eelam Liberation Organization (TELO), officially founded in 1977, became one of the more organised and effective militant organisations operating in the North. Their growth was hardly meteoric, having first organised itself as early as 1969, committing acts of vandalism and other petty crimes.

Writing in Inside an Elusive Mind, the definitive book about the LTTE leader Prabhakaran, M.R. Narayan Swamy emphasises that LTTE official history refers to their relationship with the TELO as an ‘alliance’. However, TELO leaders Thangadurai and Kuttimani were both from VVT, the same village as Prabhakaran and as per Swamy, it was Thangadurai who brought Prabhakaran into the TELO as the head of their military training organisation in Tamil Nadu when Prabhakaran himself was having doubts about his future in their struggle. Thus, as a 2013 paper from Stanford University confirms, the TELO was one of the first militant groups that developed close ties with Indian intelligence: RAW.

Following Thangdurai’s murder in prison, many hundreds of TELO cadres were trained under RAW patronage and the TELO’s membership doubled between 1984 and 1986 which also saw an escalation in its brand of violence. The Chavakachcheri Police station attack in 1984 left 27 dead and a 1985 ambush of a train travelling from Anuradhapura to Jaffna killed 43.

Federalism and the Sri Lankan psyche

The TELO is a signatory to the December 2021 letter co-authored by several major Sri Lankan Tamil parties, addressed to Indian Prime Minister Narendra Modi, inviting his intervention to urge the GoSL (Government of Sri Lanka) to fully implement the provisions of the 13th Amendment (13A) to the Constitution. It states, unambiguously, that the signatories “remain committed to a political solution based on a federal structure”.

The letter, while meandering, builds a narrative that spells out countless hollow promises from all sides of the political equation. However, as P.K. Balachandran writes in NewsIn.Asia in Jan 2022, the signatories were apparently warned-off demanding a Federal model: “Despite intense debates in which the parties of the Indian Origin Tamils from the Up country and the Western Province maintained that the majority Sinhala community would never envisage a federal setup because it equates federalism with separatism.”

One cannot help but note the spectre of this collective of previously reactionary groups co-signing a letter that explicitly calls for a Federal model, above and beyond 13A, delivered directly to the Indian Embassy for forwarding to PM Modi. Notwithstanding a few technicalities, laid-out by Balachandran in the aforementioned piece, such as the fact that India is far from an ideal Federal structure, a structure which Modi himself has played a key role in weakening throughout his career as PM; there are multiple facets to this letter, its content, current context and recipient.

The content, the exhibition, is self-evidently antagonistic to a large swathe of the Sri Lankan populace that no doubt voted in droves for President Gotabaya Rajapaksa and the Sri Lanka Podujana Peramuna (SLPP). The current context, a moment of extreme economic and social turmoil across racial divides affecting the entire working poor and peasantry, is a low point in the President’s popularity, which must have been given at least the slightest of boosts by this plea to Modi. It reminds the ultra-nationalist base why they voted the way they did, hardening and focusing their minds on what they ultimately see as an existential battle for their identity in ‘their motherland’.

In an ideal world, such a letter with ostensibly broad support from the Tamil parties would have included pleas for economic assistance at a time of sheer desperation. A request to intervene in the material conditions of Sri Lankans in the North and East alongside calls for political devolution would have been more appropriate in this current context.

As would have been working with other oppositional forces that share some of the same views on 13A, providing another united oppositional force against a failed administration. Instead the letter sowed further division among oppositional forces while interestingly, challenging the main opposition Samagi Jana Balawegaya (SJB) to reaffirm its own stance on the National Question.

The saffron connection

A quite different spectre unfolded on the opposing side, no less inflammatory. President Gotabaya Rajapaksa met with his Buddhist Advisory Council whose ‘venerable’ members chose to commend his performance and temperament instead of offering words of advice on urgent policy reversals. The President played what seems to be his only trump card, stating that he was elected to ensure the “protection and preservation of the Sinhala-Buddhist heritage and giving that heritage a pre-eminent position which cannot be rolled back”.

The people should take notice; religious leaders on an advisory council were uninterested in deep discussions of the issues faced by Sri Lanka’s poorest communities, who must recognise what is happening in plain sight. A political institution and the religious establishment overtly strategising to sustain and expand their respective positions within the power structure, instead of working to improve the conditions of the people. The religious establishment is propping up a failing administration, not realising that this support will soon diminish the credibility of the Clergy in the political sphere, something that is arguably for the best and long overdue.

Writing on Groundviews.org, Tisaranee Gunasekara analyses the opposition to the Gotabaya Rajapaksa Project and discusses an important facet in politics; the motivations of an electorate. “The racist vote is not a canard. These are ordinary Sinhala-Buddhists who do not necessarily gain anything material from Rajapaksa rule. They still remain loyal to the Rajapaksas, because their true aim is a Sri Lanka where the minorities are kept down, literally. They are the Lankan equivalents of the ‘Make America Great Again’ crowd.”

This proposition is arguably definitive in the process of informing electoral strategy and developing a policy message and narrative. The racist vote is certainly not a canard, not in Sri Lanka and not in the US, it exists, it organises and more recently, it agitates. The crucial question has always been, what percentage of the nationalist base is constituted by this ‘racist vote’?

It might be dangerous to assume that the infamous 6.9 million voter block was largely constituted by this ‘racist vote,’ the sheer size of the block and voter turnout statistics make this a statistical improbability and points to economic considerations.

The proposition that Rajapaksa rule did not materially improve the lives of their base is somewhat questionable. The early MR administration certainly led to economic benefits for vast parts of the country, whether this was by policy design or a post-war bump is a different question. In the current context, many voters perhaps saw no enhancement in their material conditions during the Yahapalanaya regime and thus may have decided that at the very least, with the SLPP and the Rajapaksas, those cornerstone cultural, existential concerns will be allayed. Another interesting point to consider is whether these cultural pointers do in fact represent material gains, for all intents and purposes, for this voter base.

The Obama-MAGA voter

Consider the phenomenon of the Obama-Trump voter. Multiple studies in the US have shown that a significant mass of the electorate voted for Barack Obama either in 2008 or 2012 and subsequently voted for Trump in 2016 AND 2020. The average estimate of the percentage of 2016 Trump voters who voted for Obama was between 11% and 15%.

This suggests the inherent complexity in viewing the Trump base as entirely or even significantly composed of a ‘racist vote’. Another fact that challenges this proposition is that in 2020, Trump actually increased his vote base by around seven million votes, even improving his share among Black and Latino (Hispanic) voters. It seems strange, even unfathomable, given what transpired during the Trump term. Through the prism of expectations of political punditry and the polling industry, Trump’s performance at the 2020 polls was certainly astonishing, yet this might be because the analysis of the Trump voter was, and still is, stuck in a simplistic binary of being either uninformed and undereducated or racist.

While this caricature exists and thrives in large numbers, it does not explain the Trump phenomenon of 2020. One cannot help but recall then candidate Hillary Clinton’s “basket of deplorables” comment in 2016, which must certainly have cost her dearly in the American heartland; it is that type of miscalculation that Sri Lankan commentators must avoid when analysing the motivations of voters.

What we are essentially discussing is the ‘rationality’ of the voter, what is being proposed by many in the media is that voting patterns are defined by either a rational choice related largely to material conditions or result from a moral and intellectual failing.

Nesrine Malik notes what many on the progressive left such as writer Thom Hartmann or political commentator Kyle Kulinski had been saying even in the lead up to the 2020 election; that there is a broad pro-Trump economic rationale that the liberal media establishment, commentators, pundits and pollsters either missed or wilfully ignored.

Malik dissects the Trump constituency, broadly defined to include many on the traditional Republican right; the wealthy and investor classes, those that do profit from stock market gains. It also included many from the entrepreneurial sector, evident from strong gains in 2020 amongst the Cuban population in Florida that are overwhelmingly small-business owners. A core of the Trump constituency in 2016 was also made up of the workers at the lowest end of the income spectrum, the under-employed as well as the unemployed. This constituency has been consistently alienated by the Democratic Party as countless polls have shown.

Another major constituency that perhaps best highlights the misunderstanding of the Trump base is the subsect of Americans that place immigration control and border security at the top of their priorities. No doubt that a portion of this subsect views ‘white’ American culture as under threat from ‘foreigners’, queue Trump and the speech on Mexican “murderers and rapists”. Yet beneath that exists the economic consideration of immigrant communities keeping wages low and thus depriving “real” Americans from working at higher wages.

While the issue of wage stagnation is complex, US right-wing media has successfully ingrained this specific narrative in the psyche of its base. This is helped by some data points such as studies by the Economist magazine and the Brookings Institute. One showed that restricting low skilled migration provided wage gains in certain job sectors, such as housekeeping and dry-walling, which showed specific gains in certain low-skilled sectors. Another article discussed a 5% wage increase in areas where there was a decline in the population of people born overseas.

The perception gap

One year into the Trump presidency, a survey found that 65% of business owners thought the Trump tax regime was the “best thing the Government did for their companies last year”; unemployment fell to the lowest rate in 50 years; unemployment amongst workers without a diploma fell to the lowest level ever recorded. The US also recorded the largest fall in poverty in a single year since 1966, 4.2 million people were lifted off food stamps.

These are all material gains made by individual members of the Trump constituency that almost took him over the line against Biden in 2020. While much of the economic prosperity might be attributed to the pattern of growth that began post-2008, Malik notes that those benefits were associated with the President in office at the time.

The lesson here is that quite often, a vote for Trump was cast while being “fully cognisant of all his flaws, short-comings and dangers”; these are the tradeoffs that voters make at the polls (Malik).

In analysing the political ramifications of the aforementioned letter to PM Modi, oppositional forces must tread carefully. There is certainly precedent for their demands but the political reality is that ultimately, that letter to Modi was also an electoral gift to the SLPP and President Gotabaya Rajapaksa. To counter this, as the main opposition party in Parliament, the SJB must take this opportunity to remind voters that these demands, while narrow and communal, culminate from the failure of successive administrations to keep to their promises.

Organising the body-politic

All oppositional forces that are serious about winning a majority in any election must stand firmly against calls for a federal structure, differentiating this from the devolution of power within a unitary State. Any attempts to split the difference between a unitary State and a federal constitution will likely drive voters away and alienate a base that one speculates is ready to rescind their patronage of the Rajapaksa project. The trick is to not treat any portion of the 6.9 million as “deplorables” or beyond salvation, avoiding the voter shaming of the US Democratic elites which mostly complains that voters keep voting the ‘wrong’ way, making little effort to understand their struggles and appreciate their insecurities.

The Sri Lankan body-politic, like others around the world and throughout history, can and must be organised around economic issues and material conditions; whatever the perceptions of their motivations might be, they should be treated as rational actors. While establishment media at home and abroad along with Western liberal elites plus the NGO circuit all seek to paint Sri Lanka as a perpetrator of violence, the psyche of many of what Gunasekera refers to as “ordinary Sinhala-Buddhists” will often view Sri Lanka as a victim of violence and terrorism. Herein lies the perception gap that the reactionary right always seems to take advantage of, often with spectacular results.

The late Author Christopher Hitchens, writing for Slate in the week following the 2009 defeat of the LTTE, states the following: “It’s just not true, as some liberals tend to believe, that insurgencies, once underway, have history on their side. As well as by nations like Britain and Russia, they can be beaten by determined Third World states, such as Algeria in the 1990s and even Iraq in the present decade. Insurgent leaderships often make mistakes on the ‘hearts and minds’ front, just as governments do, and governments are not always stupid to ban the press from the front line, tell the human rights agencies to stay the hell out of the way, and rely on the popular yearning for law and order. It can also be important to bear in mind, as in Sri Lanka became crucial, that majorities have rights, too.”

Sri Lanka, since before Independence, has witnessed a growing, evolving and contentious process of amalgamation and intersection between the Sinhalese culture, the Sinhala language, the Buddhist religion and the Sri Lankan State, to create what constitutes the Sri Lankan Sinhalese psyche. This is an essential facet of a modern Sri Lanka which in order to progress, must first find its foundation, one that is not poisoned by saffron robes and blood-red ‘satakayas’.

Any political party that is serious about challenging the status quo and sustaining a new majority must defend steadfastly the unitary nature of the Sri Lankan State and accept that any compromises to Federalism involves once again leaving open the door for another round of reactionary rule which will further endanger Sri Lanka’s democratic structures and claw at our delicate social fabric.

Source:The Morning.lk

China’s bare-chested turn to Sri-Lankan Tamils is India’s new headache -The Print

The arrest of more than 60 Indian fishermen by the Sri Lankan Navy last month created a political stir in Tamil Nadu. The state’s fishermen are continuing their indefinite strike from 19 December, with a plan to stage a ‘massive rail roko’ agitation if all the arrested fishermen are not released. Writing to External Affairs Minister S. Jaishankar, the state’s chief minister M.K. Stalin has also asked the Narendra Modi government to ensure “fishermen’s safety and the right to livelihood” from the intimidatory tactics of the Sri Lankan Navy.

In this context, the release of 13 fishermen by a Sri Lankan court on 5 January has come as a respite. Yet, the continuous resurfacing of the dispute between the Tamil fishermen on the two sides of the Palk Strait has serious implications for the bilateral relationship between India and Sri Lanka. In 2021, there were at least four instances when the Sri Lankan Navy assaulted Tamil fishermen, leading to many deaths.

New developments: India versus China? 

The ongoing crisis must be seen within the context of two interesting developments in northern Sri Lanka. First, days before the escalation, Sri Lankan Fisheries Minister Douglas Devananda met US Ambassador Martin K. Kelly on 13 December and sought his assistance to resolve the fisheries dispute between India and Sri Lanka. The push for the internationalisation of the dispute by a prominent Sri Lankan Tamil leader is likely to create tensions in the India-Sri Lanka relationship. The fact that Devananda has been a long-term critic of Indian influence in Sri Lanka and has been in an alliance with the current Rajapaksa government makes it likely that such a move enjoys backing from President Gotabaya Rajapaksa.

More importantly, the attempts to escalate the bilateral dispute with India have followed China’s unprecedented outreach among the Tamil community in Sri Lanka. The three-day visit of Chinese Ambassador Qi Zhenhong to the island’s Northern Province was nothing short of a soft-power blitzkrieg aimed at the Sri Lankan Tamils. Following his visit to the iconic Jaffna Public Library on 15 December, where he donated laptops and books, the ambassador, accompanied by the Fisheries Minister, took a trip to the sea cucumber hatchery built by a Chinese company.

The following day, a bare-chested Zhenhong donned a white dhoti to make his offerings at the Nallur Kadaswamy temple in Jaffna. Subsequently, he led a “study tour” to the New Silk Road Foodstuff factory at Mannar, which, according to the Twitter account of the Chinese embassy, provides livelihood to thousands of fisher families in the area. After distributing Covid relief supplies and fishing gears to the fishermen, he visited Point Pedro on 17 December, 30 kilometres from the Indian mainland.

China losing ground

Ever since the end of the Sri Lankan Civil War in 2009, China has remained focused on gaining influence in the Sinhalese south. Notably, its role in supporting the Sinhalese nationalists against the Liberation Tigers of Tamil Eelam (LTTE) cemented its position as a prime backer of the government in Colombo. However, the increase in China’s influence in Sri Lanka is also leading to the rise of anti-China sentiment in the island nation.

This became evident after the Rajapaksa government enacted the Colombo Port City Economic Commission (CPCEC) Act in May 2021, much to the opposition by Sinhalese-Buddhist monks. The Act raised the issue of deliberate cession of Sri Lankan sovereignty by the Rajapaksa regime to China and gave rise to the domestic suspicions of the Port City becoming a “Chinese colony”. The suspicions about China’s role in the region grew in July 2021, when a Chinese company tried to cut corners with the Presidential Secretary, leading to a backlash from the chairman of the CPCEC.

In September 2021, China received another setback after Sri Lanka’s National Plant Quarantine Service rejected the import of 20,000 tonnes of organic fertilisers, citing the presence of harmful bacteria in the consignment. In response, the Chinese embassy in Sri Lanka tweeted that it was blacklisting the state-owned People’s Bank of Sri Lanka for the non-payment of the due amount. After China demanded compensation of $6.7 million, it gave rise to the concern among many in Sri Lanka that China will take advantage of its financial muscle and get away with it.

Then, in November, Sri Lanka cancelled a $12 million renewable energy project in its northern islands, which had been awarded to the Chinese companies in January 2021. Since the projects were as close as 50 kilometres from the Indian town of Rameswaram, India lodged a strong protest with Colombo. After the projects were cancelled, the Twitter account of the Chinese embassy in Colombo gave a statement calling out the security concerns of a “third party” behind the cancellation.

The rise of anti-China sentiment is leading to a turn in the Chinese fortunes in Sri Lanka. Much of this has happened despite a patron-client relationship between the Chinese Communist Party (CCP) and the Rajapaksa brothers. Importantly, the latter’s ability to channel investments from the CCP towards the political project of majoritarian Sinhalese nationalism cemented their place at the pinnacle of Sri Lankan politics. With the growth of anti-China sentiment among the Sinhalese nationalists, the Rajapaksa regime began to balance Beijing’s influence with support from New Delhi.

Where India comes in

In August 2021, the Sri Lankan government finally sent its High Commissioner to India after a delay of more than 18 months. It also released an integrated country strategy to reinvigorate the New Delhi-Colombo relationship with common civilisational ties and Buddhism. A series of high-profile visits followed, including the visits of Indian Foreign Secretary Harsh Vardhan Shringla to Colombo in October and Sri Lankan Finance Minister Basil Rajapaksa to New Delhi in November. As a result, India is now working in an economic package and a currency swap agreement to help the Sri Lankan economy. At the same time, Sri Lanka has moved ahead on the contentious Trincomalee oil tank farm project.

For China, the rise of hostile sentiment against it among the Sinhalese nationalists in southern Sri Lanka allows it to expand its influence in the Tamil north. China’s historic role in supporting the Sinhalese-Buddhist majoritarian project in the island makes Sri Lankan Tamils wary of the CCP’s influence. Beijing hopes that a sustained outreach, backed by China’s deep pockets, would likely help it earn the trust of Sri Lankan Tamils. This also leads Beijing to support Sri Lankan fisher communities through its soft power push, especially as tensions remain high across the Palk Strait.

For New Delhi, Beijing’s efforts to wean Sri Lankan Tamils away from India are a cause of concern. Nonetheless, the fishermen dispute has consistently remained a low-priority issue for New Delhi. However, other than the immediate release of arrested fishermen, India should work towards a negotiated settlement between the two countries’ fishermen. In this context, India would also need to counter the attempts by pro-Beijing Tamil leaders to internationalise the dispute. Already, New Delhi’s position on the 13th Amendment to the Sri Lankan Constitution earns it the ire of Sinhalese nationalists. If India fails to prioritise the resolution of fishermen dispute, then a pro-India constituency of Sri Lankan Tamils is in danger of slipping away from New Delhi.

PTA amendments do not eliminate draconian provisions: Zuhair

Former MP M. M. Zuhair PC, who issued a statement on the proposed amendments to the Prevention of Terrorism (Temporary Provisions) Act No 48 of 1979 (PTA) do not eliminate the draconian aspects of the original PTA.

Citing as an example, he said the continued admission at PTA trials of specified statements made by suspects while in police custody, in violation of the time tested provisions of the Evidence Ordinance have led and will lead to further grave injustices.

These statements at times recorded by Magistrates and more often by police officers above the rank of Assistant Superintendent (ASPs) take place while the physical security of the suspects remain under the exclusive control of the police. Suspects remain in State control, both before as well as after the statements are recorded, when suspects are under total fear of reprisals if statements are not given in the manner tailor-made by the police. This often happens more often in cases where the police had not been successful in getting evidence implicating suspects already detained.

He said , “Visits by Magistrates to places of detention are welcome but will not remove the fear of mental torture that suspects in police custody will have to face soon after the Magistrate’s departure, if they disclose that they were compelled to make the confessionary statements. Reports of the superior courts, the Human Rights Commission and independent lawyers disclose the hostile conditions, harassments and indignity PTA suspects face, not only in police custody but also at the hands of officials and non-PTA suspects in most remand prisons.

The superior courts of the country have recorded a large number of cases of police intimidation to obtain confessionary statements. The recent case of a State Minister allegedly threatening some PTA suspects in remand custody is widely known. Continuing the widely criticised practice of the executive, namely the President, the Attorney General or a Superintendent of Police (SP), all of whom are executive officials deciding on the grant or refusal of bail for suspects under detention, do not meet the standards set out in our Constitution and by the Supreme Court in several cases.

The proposed amendment allowing the Court of Appeal to grant bail only if the trial had not commenced can be argued as limiting even the existing powers of the Court of Appeal and also as an attempt to remove the judicial discretion that the original courts ought to exercise when a suspect is produced before a Magistrate.

In addition, for the first time in Sri Lanka’s judicial history bail approved by the Court of Appeal under the new proposed provision, section 15B, can be ignored and in effect overruled by a lower Court, namely the High Court which can remand the suspect under the first proviso to section 15B until the conclusion of the trial, even in cases where Court of Appeal has approved bail!

If the intention of the proposed law is to continue to weaponise the PTA against the minorities, as one can easily comprehend thus far from the gross failure by the Attorney General to prosecute PTA offenders belonging to the majority community, the Ministry of Foreign Affairs would be inviting more opposition to Sri Lanka at the UN Human Rights Council from the new proposals. The proposals also contradict the President’s speech made at the recent inauguration of the new session of Parliament that human rights violations will not be condoned and that “We are a nation that respects international laws and conventions”!

The period of detention by executive fiat, though reduced from 18 months to 12 months, does not provide for any consequential provision that would enable the judiciary, even in such circumstances and also in cases of custodial torture, to grant bail.

Amending the PTA to eliminate the obnoxious provisions and bringing it in line with the provisions of our own Constitution as well as international treaties, would be the minimum that can be done to restore the country’s image as a modern nation State,”.

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