Proposed PTA Amendments fall short

Another year, another pre-Geneva scramble. At the brink of economic collapse and desperation to maintain GSP+ trade status with the EU, the Government of Sri Lanka has finally begun to feel the heat. Enough, that is, to put forward half-hearted reforms in hopes of appeasing international demands on January 27 the Government gazetted a Bill to amend the Prevention of Terrorism Act No. 48 of 1979 (PTA). As Sri Lankan Attorney Ermiza Tegal writes in her recent op-ed, “the minimal reforms proposed fail to address the most significant problems identified with the PTA.” From problems in defining terrorism to failing to ensure judicial oversight over arrests and address the root cause of torture, Tegal details several of the Bill’s fatal flaws. (Ermiza Tegal, “Initial reactions to the PTA Amendment Bill: Failure to reform, The Morning (30 Jan. 2022).) To appreciate her points, it is worth returning to basics”.

Last year, the U.N. Human Rights Council passed resolution 46/1 requesting Sri Lanka to review the PTA and “ensure that any legislation on combatting terrorism complies fully with international human rights and humanitarian law obligations.” (U.N. Doc. A/HRC/RES/46/1.) Sri Lanka ratified the International Covenant on Civil and Political Rights (ICCPR) in 1980, and the Supreme Court recognised that its rights extend to all persons in its territory. (Weerawansa v. Attorney General & Others [2000] 1 Sri L.R. 387; Comment: The ICCPR is not to be confused with the oft-misused domestic ICCPR Act No. 56 of 2007.) Article 9 of the ICCPR prohibits arbitrary arrest and detention and defines five core rights:

The Bill does not materially change sections 6 through 9 of the PTA, which facilitate arbitrary detention by limiting a Magistrate’s role in making arrests and detentions. These sections allow warrantless arrest by a police officer followed by 72 hours of custody before a detainee is produced before a Magistrate

1.“Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

2.“Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

3.“Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.

4.“Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.

5.“Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.”

In December 2021, several U.N. Special Rapporteurs and the Working Group on Enforced or Involuntary Disappearances listed five “necessary prerequisites” for the government to make the PTA comply with international law. (U.N. Doc OL LKA (7.2021).) Sri Lanka was advised to more narrowly define terrorism to safeguard freedoms of expression, association, opinion, religion or belief. The experts recommended protections to prevent arbitrary deprivation of liberty, torture, and enforced disappearance, and suggested due process and fair trial guarantees through improved judicial oversight and access to counsel.

Unfortunately, the gazetted Bill does none of these things. The definition of terrorism remains unchanged. As it stands, section 2(h) of the PTA permits arrest of any person whose speech, writings, signs, or visible representations “causes or intends to cause commission of acts of violence or religious, racial or communal disharmony or feelings of ill-will or hostility between different communities or racial or religious groups.” This astonishing overbreadth facilitated arbitrary mass arrests of ordinary Muslims following the 2019 Easter attacks—precisely what article 9.1 of the ICCPR prohibits.

The most obvious change in the Bill would reduce the maximum period of detention without trial from 18 months to 12. But unless “terrorism” is more narrowly defined, this reduction does little to change the grossly unjust reality for poor families struggling to survive as their breadwinner is arbitrarily detained. In allowing a whole year of arbitrary detention, the Bill fails to recognise the liberty interest central to article 9.1 of the ICCPR. Moreover, neither the PTA nor the Bill offer any compensation for those wrongfully arrested or detained, as required by ICCPR article 9.5.

Substantively, the Bill does nothing to address the rampant torture of detainees that has long alarmed the human rights community. For example, the Bill grants Magistrates the authority to direct police to commence investigations into alleged torture of individuals detained or restrained. Access changes little—during past visits by the Human Rights Commission of Sri Lanka (HRCSL), lawyers reported that police hid tortured detainees from view. Critically, the Bill does nothing to change the admissibility of confessions under section 16 of the PTA, which is what incentivizes the use of torture in the first place. What’s more, the Bill maintains blanket immunity under section 26 of the PTA for claims “against any officer or person for any act or thing in good faith done or purported to be done in pursuance or supposed pursuance of an Order made or direction given under this Act.” In a country where custodial torture is rampant and accountability nonexistent, maintaining such immunity likely forestalls change.

The Bill does not materially change sections 6 through 9 of the PTA, which facilitate arbitrary detention by limiting a Magistrate’s role in making arrests and detentions. These sections allow warrantless arrest by a police officer followed by 72 hours of custody before a detainee is produced before a Magistrate. Bail may be granted to pretrial detainees only if the Attorney General consents. Government Ministers have the power to order up to 18 months of detention if they have “reason to believe or suspect that any person is connected with or concerned in any unlawful activity.” The only change proposed in the Bill is to reduce the length of arbitrary detention to 12 months, while doing nothing to make arrests less arbitrary.

In terms of judicial oversight, the Bill codifies the availability of fundamental rights petitions or writ relief to detainees and explicitly grants Magistrates and attorneys access to detainees. But as Tegal notes, these provisions merely make explicit existing constitutional guarantees, which have failed to offer meaningful remedies or prevent custodial torture. Although the proposed requirement to serve detention orders on the HRCSL is promising, U.N. experts have highlighted how the independence of that body has been compromised following the Rajapaksa Government’s passage of the 20th amendment to the Constitution. (OHCHR, “Sri Lanka: Experts dismayed by regressive steps, call for renewed UN scrutiny and efforts to ensure accountability” (5 Feb. 2021).)
Problems with the PTA are not merely theoretical. Thousands were forcibly disappeared during the war and whole communities are persecuted today, destroying the very fabric of Sri Lanka’s democracy. Just this week, prominent minority rights lawyer Hejaaz Hizbullah was denied bail even though the Attorney General consented to his release. Why? Because section 15 of the PTA strips the courts of jurisdiction to authorise bail once trial begins. A man initially detained on false pretenses of being linked with the Easter bombers, Hizbullah was charged under the PTA a full year into his detention for a speech he allegedly gave on the treatment of Palestinians. A year later, when even the state consented to his release on bail, the courts are without power to do so. The travesty in Hizbullah’s case, as in so many others, demonstrates why the PTA is incapable of reform and must be repealed. Until that happens, the international community must recognise that the gazetted Bill simply misses the mark. Indeed, at the same time it proposes ineffective PTA reforms, the Rajapaksa Government seeks to enhance its powers of arbitrary detention through proposed “deradicalisation regulations” that would authorise forced incarceration without conviction. Its motives are clear, and the human rights community must demand more.

Sri Lanka’s inflation rate accelerates to Asia’s fastest

Sri Lanka’s inflation rate surged past Pakistan to make it the fastest in Asia, stoked by failed harvests, import restrictions to conserve dwindling foreign-exchange reserves, and high global prices of key commodities.

Consumer prices rose 14.2 per cent in January from a year earlier, faster than the median estimate of 13.2 per cent in a Bloomberg survey. The average annual inflation rate rose to 6.9 per cent.

Quickening prices pushed the central bank to raise its main interest rate for the first time in three meetings this month. The island nation’s foreign reserves were about $3.1 billion in December, with almost $7 billion of overseas debt due for repayment in 2022.

President Gotabaya Rajapaksa’s administration announced a $1-billion relief package this month, raising salaries of government employees and offering farmers compensation for failed crops in a bid to temper public anger over surging prices of food and medicine.

Sri Lanka’s cabinet has also approved importing rice from India to cool prices. It is seeking a debt restructuring from China — its biggest creditor — after drawing down a $1.5 billion Chinese swap line and securing another $400 million facility from India.

Economic crisis tightens grip on Sri Lanka’s hinterland

Amid shortages, families are forced to ration tea, meals

As Sri Lanka’s economic crisis makes global headlines, estate worker B. Sundararajan is watching it manifest in his teacup.
In recent weeks, he has cut his usual, two cups of tea a day to one. “Milk powder is not easily available. When it is available it is not affordable. There is no other option but to cut down our tea,” said the resident of Doloswala village in Sri Lanka’s southern Ratnapura district. Besides the irony of a tea plantation worker, producing the famed ‘Ceylon tea’, rationing his own tea intake, Mr. Sundararajan’s reality lays bare the severity of Sri Lanka’s current economic meltdown.

Rising inflation

The country’s fast-depleting foreign reserves — $3.1 billion at the end of 2021 — have pushed the Rajapaksa administration into a corner. The government needs dollars to import basic food items, fuel, and medicines, which have frequently been in shortage in recent months. As has milk powder, which Sri Lanka mostly imports and widely consumes in place of fresh milk.
Scores of consumers are struggling to afford essentials such as rice, pulses, vegetables, fish, and meat whose prices are soaring, amid import restrictions imposed to save foreign exchange. Consumer price inflation hit 14% last week. Finding LPG cylinders, in short supply, remains a challenge.
And if the consumer is a daily-wage worker like Mr. Sundararajan, where his hard-won LKR 1,000 (₹366) wage is tied to tedious production targets, forgoing a cup of tea or even a meal, like in the case of many poor families, is the only option.
The story of Sri Lanka’s economic crisis came to the fore amid the pandemic, which dealt a severe blow to the country’s crucial, foreign exchange earning sectors. Colombo has foreign debt obligations totalling nearly $7 billion this year, and Sri Lanka is “trying all options’” to avoid a default, Finance Minister Basil Rajapaksa recently told the Financial Times.
India and China have extended emergency assistance by way of loans and currency swaps, but Sri Lanka is still on the edge. The national polity, policy makers and think tanks are debating if the country should opt for an IMF bailout. Some analysts are even arguing that Sri Lanka must prepare to default, and subsequently restructure its debt, although the government is determined to keep the country’s unblemished record in foreign debt servicing.
Meanwhile, Sri Lanka’s plantation workers, like the nearly 900 employed in tea and rubber estates in Doloswala village, did not have to wait until the pandemic to know deprivation.
“Over the last few years, the 1,000 rupee-wage struggle of our workers was in focus. They won the wage, but there are 1,000 other problems facing the community for decades,” said Anthony Masilamani, who works at the local administrative authority. He was speaking at a recent event organised by the catholic church in the village, to remember local heroes who had died fighting for the community’s rights.
“Our people are still living in crammed line room housing, no matter how big their families are. Our schools don’t have mathematics and science teachers for higher classes. We don’t have enough toilets. This is our reality,” he said, pointing out that the country’s recent economic downturn aggravated the workers’ misery, and didn’t create it.
Several youth who were employed in shops and restaurants in capital Colombo have returned to the village jobless after the pandemic struck, said Fr. Jeewantha Peiris, who organised the event. “Physical distancing is impossible in their line room accommodation. Many children were already malnourished. The situation has only got worse due to the current shortages.” Speaking of the event, he said it was “just to remember our local figures” who asserted the community’s rights in the past. “They didn’t fit into big movements, so they aren’t usually commemorated the same way,”he added.
Even otherwise, Sri Lanka’s rubber estate workers get much less attention, compared to their counterparts working in the tea estates largely in the central highlands. This, despite rubber being the third largest item in Sri Lanka’s exports basket, after apparels and tea, and fetching nearly $1 billion in exports last year.
Lourde Manila works in a local rubber factory and says she must put in three people’s work to earn the maximum wage. “I have three children, and their education and future depend on what I am able to spend today,” she said. “But when cost of living is so high and wages are stagnant, how are we supposed to feed our children and pay for their education?”
Workers also spoke of long-denied land rights of the community that has left them economically vulnerable for generations. “If we had a piece of land to call our own, we might build a small home, grow some vegetables, seek a bank loan showing our documents to start a small business. With no ownership, we can’t do any of that. We can’t even cut the branches of a tree in front of our house to make a roof,” said A. Anton.
Most NGOs working on plantation sector rights tend to focus on the tea estates in the upcountry districts, according to Mr. Masilamani. “We live here, down south amidst a majority of Sinhala people. Sometimes even our own people elsewhere don’t consider us Malaiyaha [hill country] Tamils. It’s like we are invisible,” he said.

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How a double agent in Madras helped change the course of the subcontinent’s history

It might be hard to imagine Madras as the nerve centre of a high-stakes, international espionage operation. Thanks to its languid, laid back approach to life, it might seem even futile to conjure up a super-spy episode in this part of the country, except within the febrile imagination of storytellers and filmmakers. Back in 1954, the Sivaji Ganesan starrer Andha Naal (That Day), a murder-mystery cum spy thriller which was inspired by Akira Kurosawa’s Rashomon, had the proud distinction of being Tamil cinema’s first noir feature, and that too set in Madras.

Several decades later, Madras, now renamed Chennai, formed the backdrop of yet another inspired take on the spy thriller. The 2013 Bollywood film Madras Cafe, starring John Abraham was set against the turmoils of the Sri Lankan Civil War, a cause for misery on both sides of the Ocean. The latter film deftly interweaves vignettes from an episode that had taken place in Madras in the 1980s that was not only a source of embarrassment and agony for the Indian intelligence agencies, but was so closely guarded that the truth was not revealed until much later.

The episode unfolded during the peak of the Lankan Civil War when State-sponsored pogroms by the Lankan military and retaliatory strikes by the LTTE cadre were in full swing. The surge of Tamil refugees into our State lent an emotional gravitas to the proceedings and the then Prime Minister Rajiv Gandhi was compelled to play peacemaker. What started as an exercise to shelter refugees, soon led to air-dropping of food and relief materials, and finally, stationing the Indian Peace Keeping Force (IPKF). It was an unnecessary war that India was unwittingly drawn into, and was referred to by many political observers as India’s Vietnam. As a regional superpower, India had no need to undergo such indignation, but it could be argued that a large share of the blame for India’s military debacle in its southern neighbour could be placed at the feet of intelligence failure, more specifically, the betrayal of a spy who had been in charge of coordinating India’s most sensitive covert ops – tackling Tamil militancy in Lanka.

In the late 1980s, it could be argued that there was little information in the public domain regarding an Indian spy who was honey trapped by foreign agents and who in turn transformed into a double agent, while supplying the enemy with sensitive information. The unearthing of this mole in India’s armour was carried out after a year-long exercise that involved phone tapping, trailing and stakeouts which ended in the arrest, in-camera trial and imprisonment of the spy in Tihar jail. What follows is a retelling of how this spy was brought to justice.

The Research and Analysis Wing (RAW) was founded in the 1960s when the Indira Gandhi government decided that India needed a full-fledged, modernised security agency that went beyond the call of the Intelligence Bureau (IB). Though not as celebrated as its peers like the Israeli Mossad or UK’s MI5, RAW has been involved in more than its fair share of espionage and undercover activity.

The episode involving the Spy from Madras was so painful for the RAW, that its top officer would reveal the same on the day of his farewell from the agency. And that’s how the news was released to the public. On the day SE Joshi retired as the RAW Chief in 1987, he addressed his fellow officers and revealed the most painful episode of his tenure – of a senior RAW official being charged and arrested for spying for the Americans. His name was KV Unnikrishnan and he was a 1962 batch IPS officer, heading the Madras bureau of RAW.

The deception came to light as New Delhi and Colombo were set to sign a peace accord to end the Tamil insurgency in Sri Lanka. Comprehensive negotiations had been taking place with an aim to instil peace between the warring factions and to settle the Tamil issue once and for all. But during these discussions, the Indian government was surprised to find that Sri Lankan authorities were already well-informed of classified details pertaining to the Indian side.

The Lankans were up to date on India’s talks with Tamil militants and the Indians could never take the Lankans by surprise on information pertaining to the shipment of arms or the confiscation of weapons. It was a running joke that the Sri Lankans had typed answers to questions the Indians had not yet asked.

The Home Ministry then decided to follow up on its hunch that there was an insider clandestinely feeding the counterpart with intelligence. A wide net was cast to catch the mole. Perhaps the largest counter-intelligence operations since the inception of RAW took place when the hunt shifted to Madras. Politicians, police officials, and RAW officials were placed under surveillance as their phones were tapped and recording devices planted.

It came as a body blow to the government to discover that Unnikrishnan, who was placed in charge of India’s negotiations with Sri Lankan Tamil militants based in Madras, was the mole.

Although he was not part of the policy making apparatus, as the one coordinating talks with various Tamil militant members, he was privy to the particulars of the hush-hush negotiations involving New Delhi, Colombo and the militant Tamil groups. Ironically, by the time he was caught, he had been endorsed to the Prime Minister’s Office for elevation.

But why and how did Unnikrishnan turn rogue? The answer could be summed up in two words: human nature. Since the dawn of time, spies have employed sexual allure as a means to coerce sensitive information out of gullible individuals – from the Biblical story of Samson and Delilah to the Mauryan Vishakanyas, to the legendary German double agent Mata Hari who spawned a whole subculture of ‘sparrows’. During the Cold War, East Germany is known to have set up spy schools where the art of seduction was part of syllabus.

Unnikrishnan was honey trapped by a PanAm air hostess almost a decade earlier. The CIA had waited until he was transferred to the crucial Madras posting before milking him for information. The Ministry of External Affairs even registered a protest with the US Embassy to expel the diplomat involved. However, on the day Unnikrishnan was arrested, his handler in the US consulate was quietly sent home, no questions asked.

But the damage had been done. The insider’s information had strengthened the Sri Lankan side and it subsequently wrecked the peace accord. The Indians were left bloody-nosed fighting a pointless war where they had intended to play peacemakers. History remembers India’s involvement in the Lankan crisis as a catastrophic error that led to the loss of numerous lives, which did not really bear the desired outcome.

To avoid publicity, Unnikrishnan was tried in a secret tribunal, dismissed and imprisoned for a year in Tihar jail. Many months after this painful episode, the RAW leadership was engaged in changing its confidential codes and communications practises which might have been compromised. While RAW emerged stronger over the next few decades, the episode of the double agent had far-reaching ramifications on the geopolitical history of the Indian subcontinent.

Sri Lanka admits buying weapons from North Korea through ‘Black Market’ despite sanctions

Sri Lanka’s finance minister Basil Rajapaksa revealed how his government illegally purchased weapons from North Korea during the height of the armed conflict, using money sourced from the “black market”.

Rajapaksa, who holds US citizenship, told The Sunday Divayina this week that during the peak of Sri Lanka’s military offensive, he and other Sri Lankan officials would personally visit the ‘Pettah’ Business District in Colombo to speak with traders and obtain dollars in the black market.

The money would then be used to purchase arms from North Korea, he continued.

The revelation has sparked an outcry from around the world, following years of denials from Sri Lankan officials over any such purchases.

North Korea has been subjected to several United Nations-backed sanctions which ban the trade of several arms and military equipment. Not only is the Sri Lankan finance minister openly admitting that his government may have breached United Nations sanctions, but Rajapaksa himself is now potentially open to prosecution.

Sri Lanka has been accused of breaching sanctions on North Korea by purchasing weapons in the past.

In May 2009, when Sri Lanka’s military was heavily engaged in an offensive that saw hospitals bombed and tens of thousands of Tamils killed, a leaked US embassy cable said Sri Lanka was negotiating an arms deal with Pyongyang. Rajapaksa’s elder brother Mahinda Rajapaksa was Sri Lanka’s president at the time, whilst his other brother Gotabaya was defence secretary. Both have been accused of war crimes. Gotabaya has since become Sri Lanka’s president, whilst Mahinda now sits as prime minister.

The cable cited intelligence reports as noting Sri Lanka was looking to purchase “RPG-7 Rocket Propelled Grenade Launchers (RPGs) and Multiple Rocket Launchers (MRLs) from North Korea’s primary weapons trading firm”.

The army had used Czechoslovakian-built RM 70 MBRLs during its military offensive – a weapon capable of firing 40 rockets packed with 256 kg of explosives in just 30 seconds – to devastating effect during the armed conflict. In February 2008, at the height of the killings. Slovakia reportedly sent 10,000 rockets to Sri Lanka amidst criticism that the sale had broken European Union regulations. Unconfirmed sources speculated that Sri Lanka paid just $180 per rocket.

A Sri Lankan military parade showcases MBRLs purchased from abroad and deployed to deadly effect.

“Some of these proposed arms imports appear to violate UNSCR 1718,” the cable continued.

It made clear that Sri Lanka had previously been accused of breaching other UN Security Council sanctions through seeking to purchase weapons from Iran, and Colombo had been “demarched” by the US government.

“As part of our ongoing dialogue on nonproliferation, we would like once again to express our concern over Sri Lanka’s potential procurement of lethal military equipment from Iran and North Korea,” it continued.

“We also want to remind the GOSL of possible sanctions under the Iran, North Korea, and Syria Nonproliferation Act (INKSNA). The INKSNA requires regular reports to Congress identifying individuals and entities who have transferred to or acquired from Iran, North Korea, or Syria certain items related to weapons of mass destruction, ballistic or cruise missiles or advanced conventional weapons.”

At the time, Sri Lanka strenuously denied it had made any purchases.

Sri Lanka’s UN ambassador, Palitha Kahona, told Turtle Bay in 2011, “at the time, the government issued a denial, a total denial to these allegations”. “I think the position remains the same,” he concluded.

A 2017 UN Panel of Experts report on North Korea however said that the “Democratic People’s Republic of Korea is flouting sanctions through trade in prohibited goods, with evasion techniques that are increasing in scale, scope and sophistication”.

It went on to detail how two North Korean diplomats “travelled together to Sri Lanka three times (between 2014 and 2016) to discuss shipbuilding projects”.

“Described as boat-building experts, they reportedly met with the State Minister of Defence of Sri Lanka on 5 November 2015 to discuss building naval patrol vessels at a Sri Lankan shipyard prior to sale to its navy,” the report continued.

Though the UN experts wrote to the Sri Lankan government, it noted that at the time of publication “the Panel has yet to receive a reply from Sri Lanka”.

Rajapaksa’s latest remarks are the first time that a senior government official has confirmed the reports of purchases from Pyongyang. One of the starkest aspects of Rajapaksa’s interview though, was how the finance minister had now opened himself up for prosecution from US authorities.

Just last year, a US-citizen pled guilty in court to helping North Korea evade US sanctions through the use of cryptocurrency. He is to be sentenced later this month and faces a lengthy jail term. In 2020, the US government also charged 28 North Korean and five Chinese individuals with facilitating more than US$2.5 billion in illegal payments for North Korea’s nuclear weapons program.

The US has already placed travel bans on several Sri Lankan soldiers over war crimes, but dual-citizen Rajapaksa may have made himself liable to prosecution.

And whilst the minister did not elaborate on which weapons were purchased or when, his remarks have led to questions over the legality of such trades and how any arms would have been used.

“This is the tip of the iceberg,” said Jan Jananayagam, director of Together Against Genocide (TAG).

“We have long believed that Sri Lanka’s genocide of Tamils was accomplished using, among others, weapons purchased from sanctioned parties including North Korea and Iran. Some of these unlawfully acquired weapons, such as cluster munitions and chemical weapons were unspeakably brutal toward the Tamil civilian population who were their targets.”

In recent years, states around the world have come under pressure over military assistance and the supply of weaponry to Sri Lanka, given the island’s chequered human rights record.

“Never forget that an estimated one in five of the civilians in the so-called ‘No Fire Zones’ (where these weapons were used) were children at or under the age of twelve,” added Jananayagam.

Sri Lanka has refused to hold anyone to account for crimes committed during the time and consistently pushed back against efforts for an international investigative and accountability mechanism. Rajapaksa’s latest remarks however shed more light on the international support that Sri Lanka sought at the time, possibly breaking UN sanctions whilst doing so.

“I look forward to justice for these and other mass atrocity crimes,” Jananayagam concluded.

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Sri Lankan families go hungry as cost of food skyrockets

Dinner time has become Susila Irangani’s least favourite time of the day. Nowadays, the 62-year-old never knows whether she will be able to put food on the table for her two daughters.

The price of essential foodstuffs – from dhal to eggs – have doubled in her village of Dummalasuriya in Sri Lanka’s northwestern province over the last year alone.

“We used to have three meals a day but now we are having to skip dinner because of the little income that we have. This is all because of the increase in prices of essential goods,” said Ms Irangani.

“The cost of living is such that we cannot even think of having a balanced meal.”

The housewife says her family can no longer afford to purchase meat or vegetables when they do eat and that the extortionate price of kerosene has sent her husband into the nearby forests to collect firewood.

“How can a family like us survive with the soaring prices of essential items?” asks Ms Irangani. “Does the government want us to starve and die?”

Impoverished Sri Lankans say they cannot purchase enough food to eat, as the country endures the worst economic crisis in its history, which was compounded by a disastrous decision to switch to organic farming last year.

Colombo in May announced that it was banning the use of all chemical fertilisers, pesticides and herbicides in a shock move that was praised by environmentalists.

The Sri Lankan government said it would encourage more sustainable farming practices and would also reduce cases of kidney diseases among farmers, which it blamed on exposure to the chemicals.

But, the sudden switch resulted in one-third of Sri Lanka’s agricultural land being left dormant as farmers said they would be unable to suddenly cultivate land using organic fertilisers alone.

The policy was scrapped in November after farmers took to the streets in protest but its impact will be felt long into 2022.

Jeevika Weerahewa, a senior lecturer at the University of Peradeniya, predicts that the short-lived ban will reduce this year’s paddy harvest by an unprecedented 50 per cent.

“I wouldn’t consider it a bad move in principle but it should not have happened in such an abrupt manner, the government was too quick to go ahead with a switch to organic fertilisers,” said Ms Weerahewa. “In addition to the rice crop, the maize harvest was reduced and its prices went up and the cost of other goods, including chicken and eggs also rose. We anticipate that the food insecurity situation in the country will get worse over the next few months.”

When a harvest fails in a country it is usually the job of its government to purchase extra food stocks from abroad. But, that hasn’t been possible in Sri Lanka.

Colombo owes £21 billion to lenders over the next five years. This includes repayment of over £5 billion of high-interest loans to Beijing, as well as to international financial markets and the Asian Development Bank, after borrowing beyond its means to fund exorbitant infrastructure projects.

Already Sri Lanka has been forced to lease the use of its new deep water port, Hambantota, to China in lieu of previous payments.

This week, Dr Wijeydasa Rajapakshe, a prominent Sri Lankan MP, accused China of economic invasion, debt diplomacy and sowing corruption in the country.

“It is a total disaster. The country has never faced the kind of food poverty as it does now and I think the finger of responsibility rests almost entirely on the government,” said Charu Lata Hogg, Associate Fellow in the Asia Program at Chatham House.

“There were also enough examples out there from the many African countries who have over borrowed from China and Sri Lanka could have learnt from this.”

Sri Lanka has imposed a blanket ban on imports since March 2020 to protect its foreign currency reserves which have dwindled to around a mere £1 billion.

Rather than stabilise the market this has instead caused chronic shortages of foodstuffs and hoarding by shopkeepers, many of whom have been subject to raids by the police.

A further decision to print over £470 million of new currency in 18 months has contributed to soaring inflation rates, currently the second highest in Asia.

The price of rice is predicted to skyrocket to Rs300 (£1.10) over the upcoming months. One kilogram was sold at around Rs120 (£0.40) in December, 2020.

One resident of the city of Kandy, who wished to remain anonymous for fear of their safety, said shortages had already become so severe that they could only purchase rice three times a week.

“The transition from chemical to organic fertilisers should take a lot of time, at least a decade. The present food crisis is mainly due to the government’s ill thought out decisions,” they added.

Approximately 75 per cent of Sri Lankans are dependent on agriculture for their livelihoods. This drop in yields has also caused a direct loss in earnings while food prices are simultaneously at their highest.

Over 500,000 of Sri Lanka’s 22 million citizens have been pushed into poverty since 2020 and the Covid-19 pandemic has further reduced earnings. Border closures have caused an estimated £10.5 billion loss in tourism revenue over the last two years.

“It has been the perfect storm of events and living has become totally unaffordable for many lower and middle class people who can no longer afford to feed their families,” said Ms Lata Hogg, “We are now looking at a severe humanitarian crisis.”

Mr Rajapaksa has admitted that his government is “not delivering” and this week, despite the grave financial situation, he agreed to pay £150 million compensation to the country’s farmers over a loss of earnings during the chemical fertiliser ban.

A proposed bailout is unlikely to include China. Thousands of protesters recently took to the streets of Colombo in an unprecedented protest against Mr Rajapaksa and some raised anti-China slogans, echoing recent rallies in Nepal and the Maldives, two other South Asian countries in significant debt to Beijing.

Relief could instead come from India and last week, Mr Rajapaksa made a surprise announcement that the Sri Lankan military would return land seized from Tamils during the civil war.

The announcement is likely to be warmly received in India as the country has a significant and politically influential Tamil minority.

Last month, the Sri Lankan government announced that it would pay off a $251m (£188m) Iranian oil debt by sending the country millions of dollars worth of tea every month.

The country will ship $5m of leaves to the country every month to settle the debt, in what is believed to be the first example of the beverage being used to settle a bill between governments.

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Will centralizing Modi support Lankan Tamils’ demand for federalism?

The Sri Lankan Tamil parties have sent a letter to the Indian Prime Minister Narendra Modi seeking his help to establish a Federal Constitution in Sri Lanka in place of the present Unitary one on the plea that the minority Tamils are not able to realize their aspirations under a centralized, Unitary set up.

It is learnt that they have done this despite advice that they should seek an achievable goal, that is the full implementation of the 13th Amendment of the present constitution because it flows from the India-Sri Lanka Accord of July 1987.

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, the 11 Sri Lankan Tamil parties representing the Northern and Eastern provinces, adamantly stuck to the stand that they would not deviate from their long-standing demand for a federal structure.

India’s Limitations

But the question that the Sri Lankan Tamil parties failed to ask themselves is whether the Indian Prime Minister can push for federalism in Sri Lanka when India itself is not federal State in the way the United States is. India has been slowly but surely centralizing governance since independence in 1947. And the process has intensified under Modi’s watch. Therefore, the pertinent question is: Can Modi support demand for federalism in Sri Lanka?

Eating into the States’ Share

The Central Indian government has been encroaching on the States’ rights even in regard to subjects assigned to the States by the Constitution. The financial dependence of the States on the Centre arising from asymmetric taxation rights, enables the Centre to dictate to the States. National policies on various subjects are made without systematically consulting the States. Formal and informal institutions set up for consultations are in disuse.

The Communist Party leader, D.Raja, points out in an article in Indian Express that the Planning Commission, a non-political body of experts that drew up policies in consultation with the States and the Union government, has been scrapped. The Inter-State Council has met only once in the last seven years. And the National Development Council has not met at all.

The tenure of the 15th Finance Commission (meant to divide the levies collected by the Centre between the Centre and the States) was mired in controversy and many states expressed apprehensions about the evolving pattern of financial devolution, Raja says. The All India General Sales Tax (GST) has taken away much of the financial autonomy of the States. The country’s federal indirect tax regime has become unitary.

Recently, parliament legislated on agriculture, an item in the State list, to enact the three contentious farm laws, which led to a year-long agitation by farmers in Punjab and a few other North Indian States. Students in Tamil Nadu have committed suicide over the discriminatory nature of the national examination (NEET) conducted for admission to medical colleges, when “education” is a devolved State subject. The right of States to determine the standards required for entry into professional colleges has been violated and sacrificed at the altar of national uniformity. The principle of uniformity does not recognize differences in the educational levels prevailing in States in a diverse country like India. Recently, the Centre arrogated to itself the power to withdraw from the States, officers belonging to the All India Administrative Services, thus severely handicapping the States.

Until the Supreme Court put an end to it, the Centre could sack a State government on trumped up charges under Art.356. Recently, the Centre reduced Jammu and Kashmir State to the level of a Centrally administered “Union Territory” citing terrorist threats. New States are carved out of existing States without consulting the affected States. The States have no control over the Central armed forces deployed in their territories. In the border States, the jurisdictions of these Central forces are determined solely by the Centre. The discriminatory policy on citizenship is affecting Muslim and Sri Lankan Tamil refugees.

Constitution is Unitary

All this has been made possible by the Unitary character of the Indian constitution. The Constitution was drafted between 1946 and 1949, when India was in turmoil. The country was violently partitioned into a mainly Hindu India and a Muslim Pakistan. There were hundreds of theoretically independent Princely States which needed to be integrated with India. Therefore, the primary concern of the makers of the Constitution was controlling separatism by making the Centre strong if not omnipotent. The Constitution did recognize India’s diversity but it also provided for a Centre with over-riding powers.

During the Constituent Assembly debates, the first Prime Minister, Jawaharlal Nehru, cautioned that “it would be injurious to the interests of the country to provide for a weak central authority which would be incapable of ensuring peace, of coordinating vital matters of common concern and of speaking effectively for the whole country in the international sphere.” Other prominent members of the Assembly also demanded a stronger Union government necessary for India’s survival and political stability, given its vast diversity in religion, language, caste and ethnicity.

The Constitution gives the Union parliament discretion to reconstruct the boundaries of the States. The Union list of subjects contains more subjects than the State list. In case of a deadlock between the Union and the States over subjects in the Concurrent List, the Union law prevails. The Union parliament can also legislate on any State subject under extraordinary circumstances.

The Union Government has power to appoint State Governors and dissolve State governments by proclaiming President’s Rule if it deems fit. Institutions of governance like a single system of courts, all-India public services and integrated audit machinery and election machinery help the Centre exercise power over the States.

When States Can Assert Themselves

However, even as the Indian Constitution is biased in favor of the Union government, States have room to assert their interests under certain political conditions. When the liberal Jawaharlal Nehru was Prime Minister and the Congress was the dominant party, the States enjoyed autonomy because he believed in consultation and consensus and the Congress leaders in the States were men of stature. But when his daughter, the imperious Indira Gandhi, was PM, she brooked no opposition. She held the States on a tight leash, even sacking State governments which did not toe her line.

However, when weak coalition governments ruled India from New Delhi, the States were assertive, especially when they were ruled by opposition parties or regional parties.

Currently, the States are under the thumb of the Centre because the Centre is ruled by the Bharatiya Janata Party (BJP) which not only believes in Centralization and uniformity, but also has a brute majority in parliament to enforce its will.

The government in New Delhi is flexing its muscles by using the Centrally-controlled investigative agencies to rein in State leaders who are either from the opposition parties or are from the regional parties. The BJP is also using State Governors appointed by it, to act, not as constitutional figureheads as they are meant to act, but as an arm of the Centre in the latter’s schemes against the States. In Tamil Nadu, Governor R.N.Ravi, who has an intelligence background, started communicating with State government officials bypassing the State Chief Minister, against well-established norms.

This being the case in India, the Sri Lankan Tamil parties’ bid to get the Indian Prime Minister to press Colombo to replace the present Unitary constitution by a Federal one is doomed to fail. The move can only serve one purpose: winning elections. The Tamil voter is still wedded to the demand for Federalism despite dismal failure to get it in 74 years of struggle, both peaceful and armed, and with and without foreign help.

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Black Market Dollars no different to Central Bank Dollars- Min. Basil Rajapakse

Sri Lankan Finance Minister, Basil Rajapakse, speaking to a Sunday Newspaper this week, noted that he cared less about the method in which dollars came into the country, as long as they flowed in.

Commenting specifically about the ‘Undial’ informal black-market system currently being widely used in Sri Lanka to transfer dollars, he noted that while this was disadvantageous to the Central Bank and the government, it benefitted the country.

When questioned about the fact that only official dollar-inflows from sectors such as tourism and exports would be counted as Foreign Reserves, the Minister noted that the reserves were important only for “Rating Agencies” and there was no difference between the dollars that came in through these official channels and those that didn’t.

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China assures Sri Lanka firm support in fight against pandemic

Li Zhanshu, Chairman of the Standing Committee of the National People’s Congress of China gave the assurance in a message to Speaker Mahinda Yapa Abeywardena.

“Learning about your infection with COVID-19, I would like to extend my sincere sympathy to you and wish you a speedy recovery. After the outbreak of the COVID-19 pandemic, China and Sri Lanka have been helping each other and overcoming difficulties together, and the traditional friendship is further deepened,” he said.

Li Zhanshu said that China will continue to firmly support Sri Lanka in its fight against the pandemic.

The Chinese official said he looks forward to working the Sri Lankan Speaker to enhance the friendly exchanges between the legislatures of the two countries, and to promote the continuous development of the strategic cooperative partnership between China and Sri Lanka, feathering sincere mutual assistance and enduring friendship.

Egg attack on Anura politically motivated: JVP

Claiming that the egg-throwing attack targeting JVP leader Anura Kumara Dissanayake was a politically motivated and organized attack, JVP MP Vijitha Herath said today that a private security firm was behind the attack.

He told a news conference that a group led by the security firm involved in a similar attack at a protest march organized by the JVP in Colombo Fort recently.

He said it was clear that the attack was politically motivated.

MP Herath also said two complaints were made with regard to the incident and that the two suspects had revealed that they were paid Rs. 5,000 to carry out the attack.

The JVP Parliamentarian said those who resorted to such a spiteful action, not to do such things and urged them to confront with policies.