UN Human Rights Committee to review Sri Lanka

The UN Human Rights Committee will hold its upcoming session from 27 February to 24 March, during which it will review Egypt, Turkmenistan, Zambia, Peru, Sri Lanka and Panama.

The six parties are among the 173 members of the International Covenant on Civil and Political Rights.

They are required to undergo regular reviews by the Committee of 18 independent international experts on how they are implementing the Covenant as well as the Committee’s previous recommendations.

The Human Rights Committee, which has received the respective country reports and other submissions from non-governmental organisations, will discuss a range of issues with the six delegations through public dialogues on the following dates:

Sri Lanka will be reviewed on 8, 9 March. Dialogues with Peru, Sri Lanka and Panama will be conducted in a hybrid format.

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Election Commission to decide on date for 2023 LG polls tomorrow

The Election Commission of Sri Lanka is scheduled to meet tomorrow (24 Feb.) in order to make a decision as to whether or not the 2023 Local Government (LG) election can be held on 09 March as scheduled.

Chairman of the Commission, Attorney-at-Law Nimal. G. Punchihewa assured, however, that a unanimous decision has already been taken by the members of the Commission that the LG polls will be held.

He stated that this was announced at a press conference held recently, with the participation of all five of the Commission’s members, adding that the five of them have already signed all necessary gazette notifications pertaining to the election.

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SJB backs full implementation of 13A: Kiriella

The main Opposition in Parliament, the Samagi Jana Balawegaya yesterday (22) stated that the Party supports the full implementation of the 13th Amendment to the Constitution, noting that National Land and Police Commissions would control related provincial commissions so that no issues would arise.

Speaking to The Daily Morning, Chief Opposition Whip and SJB Parliamentarian, Attorney Lakshman Kiriella said: “We are for the 13th Amendment. It was former President and incumbent Government Parliamentarian Mahinda Rajapaksa who said that the 13th Amendment is not enough, and that he is for going beyond it. When he was conducting the war against the Liberation Tigers of Tamil Eelam in 2010, he was worried that India might intervene to satisfy them, and therefore, he said that he will give ‘13th Amendment plus’. The 13th Amendment passed by the Parliament is the law now.”

When queried as to whether the SJB supports the full implementation of the 13th Amendment, Kiriella said: “Exactly. There will be a National Land Commission and under it, there will be a Provincial Land Commission, and the National Commission would oversee the work of the Provincial Commission so that there would not be any problem. Also, there would be a National Police Commission, and a Provincial Police Commission. Therefore, the Provincial Commissions would be under the National Commissions. Everything can be controlled. This is how it happens in India. The National Commissions cover the whole country, and they have oversight over the Provincial Commissions.”

When queried as to whether the ethnic issue could be resolved via the full implementation of the 13th Amendment, he said: “Definitely, it can.”

Meanwhile, the Janatha Vimukthi Peramuna’s (JVP) former MP Sunil Handunnetti stated in a recent interview that his Party (represented in Parliament as the National People’s Power [NPP]) is not in agreement with the 13th Amendment. Speaking during an interview with Ada Derana, Handunnetti revealed that the NPP does not accept the said Amendment to any extent, adding that the JVP too is vehemently against the said piece of legislation.

“The difference between the current state of the provincial councils, and that are following the implementation of the 13th Amendment, is the devolving of Police and land powers. Where are these Police and land powers now? They are within the Constitution, but cannot be implemented as the people do not want this,” he added.

President Ranil Wickremesinghe recently stated at the all-party conference that he is bound to implement the existing law in accordance with the Executive powers of the President. He also stated that the 13th Amendment should be implemented accordingly, or that the Parliament should abolish it. The President further stressed that he is not ready to divide the country at all and that he would not betray the Sinhalese population either.

Sri Lanka Supreme Court postpones writ petition on local elections to May 11

Sri Lanka’s Supreme Court has ordered that a writ petition seeking an order delaying the local government elections be taken up again on May 11.

The petition was filed by a retired army colonel who sought the local government polls that were scheduled for March 09 be delayed due to Sri Lanka’s prevailing economic situation.

However, an undertaking by the election commission in a previous petition hearing to hold the election still stands, according to lawyers.

Parliamentarian G L Peiris, who had filed one of two earlier petitions seeking an order that the election be held, said that one government official deciding that an election cannot be held on ground that it couldn’t be funded would set a bad precedence.

Informed sources had previously told EconomyNext that Treasury Secretary Mahinda Siriwardene’s hands might be tied under the island’s spending laws and cabinet directions, because tax revenues, though improving, were still below target.

President Ranil Wickremesinghe told parliament on February 23 that the election commission was due to inform the Supreme Court that day that it could not go ahead with the polls as planned.

Wickremesinghe also claimed that there was no election to postpone as no date for the election had been legally declared.

Criticism has been mounting against President Wickremesinghe’s administration for what opposition MPs claim is its relentless attempts to stifle democracy and delay the local government elections.

Opposition parties claim that the ruling Sri Lanka Podujana Party (SLPP) does not want the election to go ahead fearing a humiliating defeat.

“The election has not been postponed. There is no election to be postponed in the first place,” said Wickremesinghe, inviting laughter from the government benches.

“As far as we know, a date for the election still hasn’t been announced. Some people are talking about March 09. I cannot comment on that date. To my knowledge, there has been no official decision made to hold the election,” he said.

LG polls not legally declared: President

Local government election has not been declared legally and therefore, there is no question of a postponement, President Ranil Wickremesinghe stated today.

“An election has not been declared legally as there has not been a quorum when the election commission members decided on the date.

“There has been only two members present when the decision has been made on the date while the two members present had decided on the date and then inquired the view of the remaining members who were not present. The quorum of the election commission meeting is three legally therefore no official declaration of the local government elections legally,” the President said.

“Also the funds for the local polls has not been requested from the election commission. The request letter has been signed by the accountant at Elections Department.

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Tightened security near Election Commission office

Security was tightened at Election commission office today after Socialist Youth Union staged a protest calling for the holding of local government election without a delay.

The road leading to the Election Commission in Rajagiriya has been closed for traffic due to a protest, Ada Derana correspondent says.

It is reported that members of the Socialist Youths Union have staged a demonstration urging the government to hold the 2023 Local Government elections.

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LG bodies under commissioner control if elections are delayed

If the Local Government Election is not held as planned, all Local Government Bodies will be moved under the control of the Commissioner from the 20th of March, as the tenure of the Local Government Institutions ends on that day.

Public Administration & Home Affairs Secretary Neel Bandara Hapuhinna stated that accordingly, the secretaries of local councils and municipal councils as well as municipal commissioners are expected to carry out the administrative activities of those institutions.

The petition filed against holding of the local government election is scheduled to be called up at the Supreme Court on Thursday (23).

Based on the decision taken by the Supreme Court, the election commission will meet on Friday (24) and take a decision.

As of now, the postal poll related to the election has been postponed indefinitely due to the failure of the government printer to deliver the required ballot papers.

The Government Printer took that step due to the non-payment of the required money for printing ballot papers.

Recently, Sri Lanka’s National Election Commission informed the Supreme Court that obstacles have arisen with regard to conducting the Local Government Election on the 9th of March 2023 as planned.

SriLankan Airlines chases foreign income with route reboot

Facing a dire national financial crisis and an urgent need to generate foreign currency income, state-owned SriLankan Airlines (SL) is restructuring and expanding its network to markets that were strong in the pre-Covid period, including Australia, and China. India remains the flag-carrier’s largest market, though flights have been reduced from 125 to 90 each week.

With negligible domestic business, the airline is aggressively tapping the Indian market to fly via Sri Lanka to international destinations. “Around 55 to 65 percent of our flights [in Airbus A330-300s] to Sydney with three dailies and a daily to Melbourne comprise passengers from Bangalore, Hyderabad, Delhi, Mumbai, and several secondary Indian cities,” Dimuthu Tennakoon, SL’s head of worldwide sales and distribution, told AIN. SL flies to nine destinations in India, which before the pandemic accounted for around 15 percent of revenues, and plans to add three more soon.

SL carries significant numbers of passengers to Middle Eastern countries from South India as its fares have been competitive with those of Indian and Gulf carriers. Many of the people on these flights are migrant workers in locations including Qatar and the UAE.

“The demand from India is so strong and growing,” said Tennakoon, as the airline continues to consolidate routes. In its quest for restructuring, SL released a request for proposal for five A320 narrowbodies and five A330s on a six-year dry lease. The bids, which were opened on February 7 and are now under discussion, could add significantly to the present fleet strength of 17 aircraft.

Last year, Sri Lankan President Ranil Wickremesinghe, who was then Prime Minister, called for partial privatization of SL and the need for restructuring as it faces payment obligations to suppliers. It has now been almost 15 years since the Sri Lankan government reacquired all the shares in SL from Emirates, which had partially purchased the carrier in 1998.

In August, the government said it would sell a 49 percent stake in its catering and ground-handling business units. The State-Owned Enterprises Restructuring Unit is currently working on recommendations for the cabinet.

Now, as China reopens its borders, SL is to restart operations in the first week of April with tri-weekly services to Shanghai, Beijing, and Guangzhou. It has also begun offering international flights to Paris; Frankfurt, Germany; Kathmandu, Nepal; and Seoul, Korea.

Source – AIN

Opp. parties ask for external pressure on Prez to conduct LG polls

Opposition political parties, except the JVP-led NPP, have appealed to the international community to exert pressure on the Wickremesinghe-Rajapaksa government to conduct the local government polls, scheduled for 09 March.

The following is the text of the letter addressed to heads of diplomatic missions in Colombo. It has been signed by General Secretary, Freedom People’s Alliance Thilanga Sumathipala, Convener Freedom People’s Congress MP Prof. G L Peiris, Leader of the Freedom People’s Congress MP Dullas Alahapperuma, Chairman Uttara Lanka Sabaghaya MP Wimal Weerawansa, Sri Lanka Freedom Party General Secretary MP Dayasiri Jayasekara, Leader Jana Jaya Front MP Anura Priyadarshana Yapa, MP Freedom People’s Front Leader Dr. Nalaka Godahewa, Sri Lanka Mahajana Party General Secretary MP Asanka Navarathne, and Uttara Lanka Sabaghaya General Secretary Dr. G. Weerasinghe: “We would like to express to you our deep concern about the unprecedented situation which has currently arisen in our country with regard to so basic a matter as the franchise of the People.

As you are aware, the time frames for the conduct of elections, at all levels -Presidential, Parliamentary, Provincial Councils, and local government authorities – are defined by the Constitution of Sri Lanka, and other applicable statutory regimes. Compliance with these requirements is mandatory, there being no flexibility or scope for exercise of discretion.

Elections have consistently taken place in our country, at regular intervals, and the nation is justly proud of its rich and vibrant democratic tradition, which is an integral part of our culture.

For the first time in our history, the government of the day has adopted the startling position that an election cannot be held because the financial resources required are not available. The implications of this will be apparent upon a moment’s reflection.

It would now seem, in accordance with the government position that it is for the incumbent administration to decide whether resources can or cannot be utilized for the holding of an election. The matter, consequently, is entirely in the hands of the government in power.

At its sole discretion, the government of the day will be entitled to postpone any election, on the ground of unavailability, or inadequacy of resources – a power which it will no doubt be tempted to exercise in any circumstances, where imminent defeat is probable.

This will inevitably result in withholding from the people their cherished right of suffrage, the source from which all other democratic rights and freedoms flow.

The funds required for the election, scheduled to be held on 9th March, 2023, have been allocated by Parliament in the Annual Appropriation Act, which was passed in December last year.

It is the imperative duty of the Secretary to the Ministry of Finance to place these resources at the disposal of the Election Commission. Failure to do so, manifestly, exposes this official to serious consequences arising from intentional violation of the Constitution.

Article 3 of the Constitution which deals with the Sovereignty of the People, makes reference to “the franchise” which has been authoritatively interpreted by the Supreme Court as including elections to local government bodies. Article 3 is entrenched by Article 83 which has the effect that the former Article can be amended, or repealed, only by a two–thirds majority in Parliament, followed by acceptance by the People at a referendum.

In Mohamed Hussain vs Election Commission of Sri Lanka, the Supreme Court observed: “Local authorities have a long history and play an important role at the grassroots level. Their functions are regulation, control and administration of all matters relating to the public health, public utility services and public thoroughfares and generally with the protection and promotion of comfort, convenience and welfare of the people and the amenities of the town or village. By delay in holding elections people are deprived of representatives who could have addressed their grievances and attended to their welfare and needs”. The Court explicitly held: “The failure to hold elections on the due date or postponing is a violation of the fundamental rights of the people”.

It is clear that every conceivable form of pressure has been brought to bear by the Executive on the Election Commission to prevent them from fulfilling their constitutional obligations. The Commission has publicly referred to more than 20 attempts by the government to thwart the holding of the election.

The result of these sustained initiatives is to erode core democratic values and to place in jeopardy the very survival of the democratic system of governance in Sri Lanka. Entrenchment of this dangerous precedent has incalculable consequences for the wellbeing of our people.

We ask Your Excellencies to bring this distressing state of affairs to the notice of your respective capitals, with a view to prevailing on the government of Sri Lanka to desist from a course of action, gravely detrimental to the nation.”

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IMF denies considering bailout package to SL without Chinese assurance

Despite foreign media sources a few days ago claiming otherwise, the International Monetary Fund (IMF) has neither taken a decision nor is considering providing its Executive Board’s approval for Sri Lanka’s External Fund Facility (EFF) before receiving financial assurance from China, The Daily Morning Business learns.

IMF Asia and Pacific Department Director Krishna Srinivasan, during a training programme conducted for South Asian journalists in New Delhi, India referring to the aforementioned foreign media reports, stated that he too came across those reports and said that it is not an official statement put out by the IMF.

Srinivasan stated that the ideal way would be to wait for financial assurance from China. He added, however, that “it is too early to speculate” whether the Fund would consider moving to the next step of providing Executive Board approval before receiving the required assurance.

A few weeks ago, China’s Export and Import Bank (EXIM) provided a two-year moratorium for Sri Lanka, which is insufficient for the IMF to proceed with EFF to Sri Lanka. However, India provided its assurance in January which was followed by the IMF’s confirmation of receipt.

Although local and international economists and Opposition politicians repeatedly pressured the Sri Lankan Government to reach out to the IMF before defaulting on its debts, the Government waited until the economy was in crisis before seeking IMF assistance.