Sri Lanka not under threat of terrorism: Defence ministry after US updates travel advisory

Sri Lanka on Wednesday refuted misgivings resulting from an alleged assessment by the US embassy here of the threat of terrorism in the country after it updated its travel advisory, warning Americans against travelling to the island nation.

The Sri Lankan ministry of defence said that according to its own assessment, there has been no information on any threat of terrorism or related activities in the country.

The US embassy’s travel advisory, based on a tier 4 categorisation of the level of security in Sri Lanka, had warned its citizens against travelling to Sri Lanka.

The US embassy in a tweet on Tuesday said that the State Department had updated the travel advisory for Sri Lanka from Level 3 (reconsider travel) to Level 4 (do not travel) solely due to prevailing COVID-19 situation in the country.

“There is no change to the terrorist threat level,” it said.

The US has four levels of travel advisories. Level 1 means to exercise normal precaution, Level 2 is to exercise increased caution, Level 3 is to reconsider travel and Level 4 advises Americans not to travel at all.

The US sources said the travel advisory on Sri Lanka remains same since April 2019 in the aftermath of the Easter Sunday suicide bomb attacks which killed over 270 people.

After the attacks, the US State Department raised the travel risk to Sri Lanka to Level 3 in a travel advisory.

“Terrorist groups continue plotting possible attacks in Sri Lanka. Terrorists may attack with little or no warning, targeting tourist locations, transportation hubs, markets, shopping malls, government facilities, hotels, clubs, restaurants, places of worship, parks, major sporting and cultural events, educational institutions, airports, hospitals, and other public areas,” the State Department had said.

The US government has limited ability to provide emergency services to US citizens in Sri Lanka due to the security environment, it had said.

According to the Johns Hopkins COVID-19 tracker, Sri Lanka has reported 169,900 COVID-19 cases and 1,269 deaths.

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No change in terrorist threat level for Sri Lanka: US

The United States has clarified that there is no change in the terrorist threat level for Sri Lanka.

The US State Department had on Monday issued an updated travel advise on Sri Lanka telling Americans not to travel to Sri Lanka.

A part on terrorism was also in the advise raising fears that there was a terrorist threat to Sri Lanka

“Do not travel to Sri Lanka due to COVID-19. Exercise increased caution in Sri Lanka due to terrorism,” the updated travel advise said.

However, the US Embassy in Sri Lanka said the travel advisory for Sri Lanka had been updated from Level 3 (reconsider travel) to Level 4 (do not travel) solely due to the prevailing COVID-19 situation in the country.

“There is no change to the terrorist threat level,” the Embassy said.

The Centers for Disease Control and Prevention (CDC) in the US issued the Level 4 travel health notice for Sri Lanka due to COVID-19, indicating a very high level of COVID-19 in the country.

Vaccination process completely politicised -JVP

The JVP says the COVID vaccination process has been completely politicised.

JVP Leader Anura Kumara Dissanayake speaking to media at the party’s headquarters said incidents of Sri Lanka Podujana Peramuna Ministers and Parliamentarians reserving vaccine quotas have been reported.

MP Dissanayake said lives have become mere numbers to rulers who have no empathy towards human lives.

The Parliamentarian charged the government of playing with citizens, country’s economy and the future of the children adding they should self-reflect as to why the virus became a pandemic.

He said if the government remains delusional, the situation will deteriorate. MP Dissanayake requested the President and the government to conduct a comprehensive review and take strict and necessary steps adding if not the travel restrictions and the sacrifices of the people, the economy and the general public will be in vain.

MP Dissanayake also pointed out the complications arising within the society due to the travel restrictions imposed to mitigate the spread of the corona virus being impractical.

The MP said the public must be clearly informed of the travel restrictions.

He said the trust of the society has been broken on the data and details of the pandemic adding many citizens complain where details of some individuals who succumbed to the virus are not recorded on the data published.

MP Dissanayake said the government should build the trust in the citizen on the data as the public has no trust on the data reported adding details reported are essential to the public as they need to know of the spread of the pandemic, know if their area has been contaminated.

He said only then will the public adhere to the travel restrictions and isolations.

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Poll reforms, for what? By N Sathiya Moorthy

The invitation of the Parliament’s Select Committee on Electoral Reforms, for views and opinions from the people, should make them think also about the kind of reforms that the nation needs – whether it could stop with the poll scheme or should it extend to cover the nation’s political parties, too.

First and foremost, there is no form of an electoral system that could be called perfect, or even close to being perfect. In a multi-ethnic nation like Sri Lanka, however small be the geographical and demographic sizes, very many differences and distinctions keep cropping up from time to time, with the result, there can be no way by which the concerns and aspirations of every segment can be fulfilled, at any given point in time or another.

The nation, at the end of the day, wants a structured scheme of governance, where not only are the views of the people taken into account, but they are also seeming to be so. Hence, to blame one scheme or the other, in favour of yet another, can only be a never-ending process, now and ever.

On the face of it all is the question of ethnic representation. Or, the possibility for empowering the ethnic minorities to be able to have their say in elected governance. The belief that they hold the key to political administration went for a toss as recently as the 2019 presidential elections.

Ever since the introduction of the current scheme of proportionate representation (PR), the minorities were made to believe that no one can become the President of the nation in directly-held polls without taking a substantial number of them into confidence. In 2019, the present incumbent Gotabaya Rajapaksa became President without any substantial vote-share from the nation’s Tamil and Muslim minorities, who are mainly localised in the nation’s North and the East.

In fact, after acknowledging the minorities’ mood against the clan, Gotabaya did not even bother to campaign in the two Provinces, more especially the North. Yet, he became the President of the entire nation, including the Tamils and the Muslims. His rival, the present Leader of the Opposition in Parliament, Sajith Premadasa, had the overwhelming support of these two communities, but not much from his own.

Even in native Hambantota district that he shared with his victorious rival, Premadasa, Jr, did not score a substantial share of majority Sinhala voters, who dominate politics, public life, and societal numbers in Provinces other than the North and the East. So much so, he ended up contesting the subsequent parliamentary polls from the cosmopolitan Colombo City electoral district than from Hambantota, where he had polled the lowest 25 per cent vote-share in the presidential polls.

Twin package, but…

The PR scheme itself was thought of as a panacea for the nation’s prevailing electoral ills of the past. The first-past-the-post electoral scheme had been inherited from the pre-Independence era, when Sri Lanka became the first nation in these parts to usher in adult franchise. After nearly five decades, it was felt that the parliamentary form of government under the poll scheme meant that the elected prime minister need not have a single MP from the minority communities supporting him – at least in theory.

Given the demographic realities, democracy of the times dictated that the elected leader can get his parliamentary majority, including two-thirds from the majority community itself. In 1977, J R Jayawardena became Prime Minister with four-fifth majority in the House. In fact, the Tamil United Liberation Front (TULF) was the main Opposition party in Parliament, with 16 MPs.

That was when he marketed the twin-package of the presidential form of government coupled with PR scheme for parliamentary elections. The idea, as seen at the time, was that a directly elected President will need to count on the minorities, too, in big way or small, to touch the 50-per cent-plus one vote minimum, to be in office. The PR scheme would ensure that the minorities’ voices were not stifled inside Parliament, especially if the government party/alliance wanted to have its way.

But the current Parliament is proof enough that the PR scheme, too, has failed that professed hope. Not only has the President been elected on the near-exclusive votes of the majority Sinhala-Buddhist community, but even in Parliament, for which elections were held months later, President Gota’s party, namely, the SLPP-led combine, under his brother and Prime Minister, Mahinda Rajapaksa, won a two-thirds majority.

A new combination

Now, there is a craving for a third kind of scheme, which is only a combination of the earlier two. The idea that is doing the rounds is to have a majority of the people’s representatives elected on the first-past-the-post system, but with an element of PR, too. Opinion is divided, whether or not to have the ‘National List’, whose aim was to allocate additional seats from a fixed pool, based on the poll percentages of individual political parties, for them to nominate their extra MPs.

It was aimed at ensuring that the lack of representation inherent to the first-past-the-post system did not recur. It is now anybody’s guess why the PR scheme itself should have been thought of when the first-past-the-poll scheme had been done away with. So much so, the ‘National List’ has become an additional blemish on the overall scheme, conferring autocratic powers on individual political party leaderships than already.

Identity politics

Yet, no one is now talking about revisiting the directly-elected Executive Presidency, and all electoral changes are going to be cosmetic, without addressing that core issue. In a nation with a multitude of political parties deriving their strength and electoral representation on the basis of ‘identity politics’, the inability of the ethnic parties to come together on a common minority plank has caused its own additional problems.

Today, and more than in theory, a President can be elected exclusively by the majority community. Given the inevitability of the continuing multitude of minority parties – of the Tamils, Muslims and the third category, namely, the Upcountry Tamils – it becomes easy for the ruling party – or alliance, whichever is in power – to manipulate the minds of MPs or leaders or both, to have the cake and eat it, too. But then that is what politics is all about.

In power, you have the SLPP alliance, which is a bouquet of multiple political colours and even ideologies, so to say. In the Opposition are also a similar bunch of political parties and ideologies. But the division is clear, and is more or less firm. Then you have the JVP, the ‘eternal third force’ that will never ever become the first, or even the second force, to be reckoned with.

This is not the case with the minorities parties. It is easier to count the number of stars in the sky on a full moon night than the number of political parties, separately among the Tamils, Muslims and Upcountry Tamils. At one point in time, during President Mahinda Rajapaksa’s term, the total number of Tamil language speaking MPs, including less than a handful in what essential were ‘Sinhala parties’, added up to 50 in a House of 225.

There was even a Tamil-speaking MP in the JVP, otherwise a ‘leftist, Sinhala-Buddhist nationalist party’. Ramalingam Chandrasekar was from the Upcountry Tamil community. But that all is in the past. Today, the ethnic divisions are deep and deep-seated, but with the premise that the minorities are all against the ruling Rajapaksas, and not others.

That includes war-time army commander, Field Marshal Sarath Fonseka, whom the war-victims of the Tamil community voted for the presidency, only months after the LTTE lost the war. Recently, on the anniversary of the conclusion of the decades-old war, Fonseka congratulated PM Mahinda, then President, and President Gota, at the time, Secretary, Defence – even though they are his sworn political enemies, to boot.

This also takes away any ‘principles’ behind the Tamil vote against the Rajapaksas, and by extension, the anti-Rajapaksa sentiments among the larger minority groupings. With the result, there are no hard and fast yardstick by which one can define, or even divine the kind of elected government that will represent all sections of the Sri Lankan society.

Add to all this the inherent autocracy that party constitutions are allowed confer on their ‘elected’ leaderships, and the picture is complete. On the one hand, you now have the Rajapaksas, especially PM Mahinda at the head of the ruling SLPP combine, whose continuing popularity among the Sinhala-Buddhist majority community with a steady 40-per cent of national vote-share, even in the most adverse political climes. On the other, you have had the UNP, the nation’s GoP, where former Prime Minister/Leader of the Opposition, Ranil Wickremesinghe’s unassailable continuance at the top ensured that the party is all but dead.

Thereby, too, hangs another democracy tale – Amen !

(The writer is Distinguished Fellow and Head-Chennai Initiative, Observer Research Foundation, the multi-disciplinary Indian public-policy think-tank, headquartered in New Delhi. email: sathiyam54@nsathiyamoorthy.com)

Sanjay Rajaratnam sworn in as AG before Prez

Sanjay Rajaratnam PC took his oaths as the 48th Attorney General of Sri Lanka a short while ago, the President’s Media Division said.

He was sworn in before President Gotabaya Rajapaksa.

Rajaratnam has served in the Attorney General’s Department for 34 years and has served as Senior State Counsel, Deputy Solicitor General, Additional Solicitor General, Senior Additional Solicitor General and Acting Solicitor General.

Educated at St. Peter’s College, Colombo and Royal College, he holds a Bachelor of Laws from Queen Mary University, London. Mr. Rajaratnam is a Solicitor in England and Wales.

He was sworn in as President’s Counsel in November 2014. He has extensive experience in civil and criminal law and has appeared in the High Courts for a long time.

He has also served as an advisor to several government agencies, including the Financial Intelligence Unit of the Central Bank of Sri Lanka, and is a member of the Legal Commission of Sri Lanka and the Legal Education Council.

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Sri Lanka lifts ban on foreign arrivals from June 01

Sri Lanka has lifted a temporary ban on foreign arrivals imposed to contain a Coronavirus crisis from June 01, but a restriction on Indian travellers will remain in place, an airport official said.

All arrivals will be subject to a 14-day quarantine regardless of vaccination, Shehan Sumanasekara, Chief Director-Operations (All Airports), Airport and Aviation Services (Sri Lanka) told EconomyNext.

Sri Lanka suspended foreign arrivals until May 31 and locked down the country till June 07, to contain a Covid-19 outbreak that flared after a traditional New Year holiday, and testing delays.

The US has issued a travel advisory asking citizens not to travel to Sri Lanka while several countries have stopped Sri Lankans from coming into their countries.

The new fast spreading British variant which was also creating pneumonia in younger patients as public health inspectors complained that PCR test results were getting delayed by up to a week in some case and it was too late to effectively contain second level contacts.

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Sri Lanka records 28 new COVID-19 deaths

Sri Lanka has registered 28 more victims of COVID-19, Director-General of Health Services confirmed on Tuesday (May 25).

The latest fatalities have moved the country’s death toll to 1,269, according to official data.

Five of the deaths took place on May 25 and the remaining victims have succumbed to the virus infection between the period of May 18 – May 24, the Department of Government Information stated.

Reportedly, 11 of them have been recorded as domestic deaths.

The deceased were identified as residents of Galle, Kalutara, Bulathsinhala, Unawatuna, Horana, Govinna, Galpatha, Hunnasgiriya, Maththaka, Wanchawala, Meepe, Matara, Ahangama, Veveldeniya, Ruwanwella, Meegahathenna, Agalawatta and Dehiattakandiya areas.

COVID pneumonia was recorded as the cause of death of majority of the victims. Some of them also suffered from diabetes, heart diseases, hypertension, sepsis and other complications.

Sri Lankan plaque scripted in Chinese evokes fury, concern over omission of Tamil language

Concerns over the elevation of Chinese languages over official languages of Sri Lanka have emerged after a plaque made to declare the opening of a Chinese-gifted Smart Library of Attorney General’s (AG) Department was scripted in Sinhalese, English and China’s Mandarin language, evoking widespread criticism over the omission of the Tamil language.

Daily Mirror reported that the incident came under much criticism on social media platforms, leading to the plaque being removed later. The AG’s department did not comment regarding the issue.

In a tweet, Tamil Progressive Alliance Leader and Opposition parliamentarian Mano Ganesan stated that the Chinese are violating the language law and that the non-inclusion of Tamil was a violation of Sri Lanka’s Official Language Act. “It appears Chinese learn to ignore Tamil from our government since GoSL’s usage of Official Language Tamil is no better,” he said.

He further suggested that the Chinese Ambassador in Colombo should keep in mind that Classical Tamil came to China in the 5th century, taught the arts and was loved by the Chinese people.

State Minister of National Heritage, Performing Arts and Rural Arts Promotion, Vidura Wickramanayka said that omitting Tamil in the plaque violated the official language policy in Sri Lanka.

“As a country, we should not allow these type of things to happen. We talk about co-existence. An inquiry in this regard has to be carried out. This language policy should apply alike throughout the country. But there are instances in the North and the East where Official language policy is ignored omitting Sinhala in some areas. We need to rectify this when talking about language policy in relation to co-existence. We sometimes find plaques written only in Tamil,” he said.

Human Rights activist Ruki Fernando said that the incident was ‘unacceptable’ and indicated a certain mindset where it comes naturally to some government officials and to the private sector to forget that Tamil is an official language, Daily Mirror reported.

Highlighting that English and Chinese languages were elevated above Tamil and Sinhalese, Fernando said the situation required a degree of sensitivity as the omission of Tamil is a serious matter.

Last week, Batticaloa Parliamentarian from Tamil National Alliance (TNA) Shanakiyan Rasamanickam shared on Twitter an image of a signboard of the ‘Central Park’ coming up at the China-backed Colombo Port City, with text in Sinhala, English and Mandarin, according to Daily Mirror.

“Tamil text is missing, that’s alright! Soon Sinhala will be missing too. Hope Sri Lankans wake up at least then,” he said.

Rasamanickam also opposed the recently passed law the China-backed Port City Economic Commission law, saying the country has become ‘Chi-Lanka’.

The USD 1.4-billion Colombo Port City project is slated to be the single largest private sector development in Sri Lanka amid concerns about Beijing seeking to increase its footprint in the country through contentious infrastructure projects.

Sri Lanka has already leased Hambantota port to the Chinese state-run company for a period of 99 years, a move that has caused concern in neighbouring India.
(ANI)

Sri Lanka Port City still at risk of incompetent regulators: Samarajiva

Sri Lanka’s China-backed Colombo Port City, which has attempted to cut through a regulatory morass that is holding back the rest of the country via a fast-track ‘single window’ law is still at risk of delays from incompetent regulators, a top policy specialist has warned.

Rohan Samarajiva, the founder of LIRNEasia, a regional policy research body and former regulator of Sri Lanka’s telecom sector who carried out an extensive de-regulation, says the state ends up regulatory activities of citizens in multiple ways.

“We talk about regulators as some special breed but quite a lot of what the government does is regulations,” Samarajiva said at a seminar organized by Advocata Institute, a Colombo based think tank.

“The difference is that there are entities that do formal explicit regulations, rule-bound; and there are those that can say yes or no therefore regulate but don’t necessarily do in that in a formalized manner.”

Limiting Discretion

Regulations become unclear to investors and the general public and also lead to corruption where there is room or discretion for officials to vary decisions. Delaying decisions also make it difficult to get anything done at all.

“I believe it important to make regulations more efficient and the whole essence of regulations is something called discretion – that is the ability to say yes or no,” Samarajiva said.

“To bound that and to limit that. Of course, you have to say yes or no but to bind it.”

The Port City bill was passed to cut regulatory barriers through a ‘single window’ for investment approvals as the government was called upon to start a state regulator for beauty pageants by people who believe the coercive state with a broken public sector is better at it.

“Why is this concept important? To do any one thing you can ask how many steps you must go through and places you have to go through and any of those places can slow you down due to incompetence,” explained Samarajiva.

“When you talk about the basic concept of greater Colombo Economic Commission law from 1978, the BOI and all the work that was done in the last few years on improvising Sri Lanka’s position in the ease of doing business index; all these hinge on a central concept that is the ‘single window’.

“The whole point of all these activities – I’m not saying it is unique to the Port City bill – but the whole point of all these is the single window concept of simplifying things for the investor.”

Dollarized

The Greater Colombo Economic Commission set up in 1978 (now known as the Board of Investment) came in the wake of a highly regulated ‘closed economy’.

The closed economy triggered by ‘forex shortages from central bank money printing or policy errors, compounded by the collapse of the Bretton Woods system, followed by price controls led to a widespread shortage of goods, rationing and regulation of weddings and menus of restaurants.

Police roadblocks were placed to search vehicles including private cars that transported a few pounds of rice without a license amid draconian import restrictions.

The Port City law was passed as the country was mired in the worst import controls since the 1970s.

The Port City has been spared the central bank policy errors that lead to currency depreciation through dollarization.

Dollarization involves the use of currencies produced by better central banks that are bound by more credible or less discretionary rules such as a low inflation target or a single exchange rate target.

Incompetent Regulation

Samarajiva says the rest of the country is also suffering from incompetent regulation.

“It’s not that I think we shouldn’t simplify things for the citizens, but we are a long-suffering lot and we are here because we want to be here.

But I like this ease of doing concept and improving the ranks because even though it is intended to serve the foreign investors it also has the effect of helping the local business, and entrepreneurs, etc.

The original draft of the bill required that the existing regulators like the central bank were required to give ‘concurrence’ to any decision taken by the Colombo Port City Commission.

This was interpreted as being forced to rubber-stamp decisions.

The commission members were also appointed by the President, which critics fear would lead to the same problem of arbitrary action and incompetence that has dogged the once-independent public service and raised questions over the judiciary since a 1978 constitution started the practice.

Given the past practice of interpreting Sri Lanka’s laws and the constitution, the executive activists feared the worst when ‘concurrence’ was used.

However, Samarajiva says concurrence does not mean automatic approvals in regulatory usage where the minister’s concurrence was needed for many actions. In corrupt countries, Minister’s concurrence requires a payment.

In less corrupt countries, Minister’s concurrence is not required or deemed to be automatically given after a period, such as two weeks.

“What is the meaning of the word concurrence? Samarajiva said. “Now I believed that when it is said ‘I have to get the minister’s concurrence’ that means the minister could give me or not give me. He had the binary option. So if he didn’t give it I couldn’t go any further and I’m done as a regulator.”

In the original Port City bill decisions regarding the banking sector for example required the concurrence of the central bank.

“That means that central bank or some external regulator can say yes or no,” Samarajiva said. “Now the Supreme Court has looked at it and said ‘Why don’t we take the whole word out altogether and say the external regulator will communicate its decision’.

“What this highlights is that the central bank can say yes or no and there is no pre-judging of what that yes or no will be and they can communicate.”

The amendment may delay approvals if the regulators do not respond quickly or do not make clear decisions, Samarajiva said.

When Samarajiva was a telecom regulator, analysts who are familiar with the era say he looked at what innovation was possible for telecom firms to do under the law rather than look at how new things can be blocked, in the way bureaucrats usually act in Sri Lanka and some stagnant European nations.

Balloon Decisions

Samarajiva said when he was last heading Sri Lanka’s ICT Agency he had to write to the telecom regulator regarding government requirement.

“I had to write to my former organization… about an inter-connection matter that affected the government network. And it took them in my opinion too long to respond. And this was an internal government matter.

“I was not very happy about their speed of response and when they responded it was what former Solicitor General KC Kamalasabayson calls “a balloon decision”, which looks like a decision printed on paper. But when you look at it there is nothing there, just words.

“Now this is the kind of situation which we could end up with when everyone says ‘Let’s empower the regulators’ and you have incompetent regulators;

“If regulators have the incentive to kick things down the road, not give decisions, give balloon decisions, delay or obfuscate; I think we got a problem.

Thulci Aluwihare Head of Strategy & Business Development at ‎CHEC Port City Colombo, which reclaimed the land and wants to bring in investors to recover its money, said a Supreme Court decision to requiring eligibility criteria for tax breaks to pre-set will also reduce discretion and bring clarity to investors.

“The broad regulations forming the criteria to be eligible (for tax incentives) are to be placed before the parliament and get it approved,” he said.

“And we are in favour of that because as a foreign investor before they come to the country they would really like to remotely review some of these incentives depending on what their investment is.

“They shouldn’t have to come here and be at discretion, so the discretionary power has been taken away and brought to regulations.”

There had been concerns by critics that an earlier highly discretionary Strategic Development Act has led to auctioning tax incentives under the counter as investors had to negotiate tax breaks individually.

He said the amended law is progressive, though it may be seen as less clear cut than the original draft.

“In my opinion, it can cause issues when you are operationalizing it,” Aluwihare said. “So if you ask me, purely for commercial purposes one apex body would have been ideal.

“I understand we are in a democracy and if it is not in line with the constitution we have to make those amendments.

“The thinking here is that the Commission can still play the single window facilitator role and deal expeditiously with the existing regulators and liaise with the potential business investors who want to set up in the port city.

“But overall, the bill as it is with the amendments is still good enough.”

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Chinese company awarded another project in Sri Lanka

A Chinese company has been awarded another project in Sri Lanka.

The Government said that China Harbour Engineering Company (CHEC) Limited has been awarded the rights to construct an expressway connecting the Athurugiriya interchange and the New Kelani Bridge.

Approval had been granted by the Cabinet in April 2020 to construct the expressway connecting the Athurugiriya interchange and the New Kelani Bridge on a build, operate and transfer basis.

The Government said that technical and financial proposals were called for from the relevant investors for the proposed project.

Cabinet now has granted approval to a proposal tabled by the Minister of Highways to award the implementation of the project to China Harbour Engineering Company Limited, as recommended by the negotiating committee appointed by the Cabinet.

China Harbour Engineering Company (CHEC) is part of China Communications Construction Company Limited (CCCC).

CCCC has been actively involved with the development of Sri Lanka since 1998, executing massive construction projects, such as the Colombo Port City, Southern Highway, Outer Circular Highway, Hambantota Port, Mattala International Airport, Colombo South Container Terminal and many other major infrastructure projects.