BY EDWARD THEOPHILUS

Sri Lanka has good strategies for debt management and the current debt statistics don’t indicate that Sri Lanka has caught in a Chinese debt trap, and China helped Sri Lanka to expand its GDP base by initiated loan projects, and Sri Lanka needs to expand Chinese sponsored projects in many areas, not only limiting to the infrastructure development but also Chinese involvement in agriculture, building, and industrial areas are needed. For example, the productivity and competitiveness of manufacturing industries could be massively improved when Chinese investors are associated with Sri Lankans, and such a co-operation will cradle the dramatic increase in the volume and pace of annual GDP growth. If it happens the annual growth could be increased to more than 6% and get out of a possible debt trap because Sri Lanka can retire more debt.

When considers the volume of current foreign debt in Sri Lanka it is not in a debt trap, and further borrowing without improvement of the GDP level of the country will involve in a trap.  The debt trap story is a warning signal to the country. The government must concentrate to increase GDP that could be done by two strategies. One is an increase in domestic production, many areas of domestic production have been declined due to various reasons such as ignoring the productivity, competitiveness, innovation, and adding new sources to domestic production.

The government always reiterates that it has not defaulted repayment of debt it is not a valid answer to the question. If it evaluates the way of debt service it is clear that the debt repayment is a heavy burden to the country. The debt repayment has been forced to limit many economic activities such as import controls and investment controls. Farmers in the country have a grave problem with water and no successful projects are initiated to solve the basic problem.        

The rate of interest is a major macroeconomic factor that influences the economy, and Keynes believed that the interest rate will not reduce less than 5% and if it reduces less than 5%, he stated that a country would be in a liquidity trap. In developed countries, the rate of interest has declined to less than 5%, and many people caught in the debt trap as they have borrowed for housing, personal loans, credit card debt, and many others.  The lower growth of economies in developed countries in the COVID 19 environment, the rate of interest has declined to less than 5% and the situation doesn’t look that individuals and firms motivate to borrow more as the revenue of firms, as well as individual, has dramatically declined and in this environment, it shows that liquidity trap theory is not working as it stated by Keynes.   

The meaning of the debt trap to any country is that it borrows more than the affordable limit it will be caught in a debt trap, and when a country is in a debt trap it is difficult to get out of the trap. For example, Sri Lanka has borrowed more than the limit, and many economists believe that it is in a trap. Although this is the simple meaning of the debt trap it should consider many factors that are associated with the reasons for borrowing.  In the case of Sri Lanka, during the past 30 years changes in the consumption pattern of people and the dynamism of the economy, political environment, and international relations have forced Sri Lanka to borrow more and the revenue sources of the country have not been changed consistently to changes (increase) in demand for borrowing.  In this environment what can Sri Lanka do to avoid a debt trap is an issue that needs to debate by economics and come to an agreement.

How to determine the debt trap? It is not an easy task.  Internationally, there is an acceptance that the borrowing of a country should be consistent with the volume of Gross National Product.  It is difficult to exactly say the rate of debt of a country compared to the Gross National Products.  This may change in developed countries as well as in developing countries. Some developed countries allowed to increase the debt level by more than 100% of GDP. Many economists believe that if there is no problem with debt service any country can increase the debt level.  For example, Japan’s debts increased to more than 100% of GDP because the country had a trust that could adjust quickly and the country had a highly positive vision that the level of GDP will increase and debt could be managed without caught in a trap.  This is the difference between Sri Lanka and Japan, although Japan has the confidence to increase the debt Sri Lanka has no such certitude that the country’s GDP will increase to settle the debt.

The volume of debt to China could assume as the US $ 6.0 billion it could be settled within the period of loans if the projects that invested borrowed funds work well.  If it considers in that line Sri Lanka has not been caught in the Chinese debt trap, but the aggregate debt is higher in Sri Lanka than its affordability.  It looks like the prime objective of economic management is to manage debt service than other economic activities.     

In the process of debt management, Sri Lanka could use a variety of strategies, the main strategy is to convert the projects to private hands than keeping them in government ownership.  Although strategically it is possible to show less government debt level the reality should be lower debts to outside and the best strategy should be a genuine attempt to manage the debt level to less than 50% of GDP and this can be done only by increasing the GDP growth more than 7% that is the difficult task the government will ever see.

The debt tap story was a statement of Mr.Mike Pompeo that used to get publicity for his travel, however, it cannot be ignored by Sri Lanka’s government. There is an obvious competition between China and the USA about various matters and the speech of Mr.Pompeo doesn’t warrant that the USA will help to settle Sri Lanka’s debt to China.

The ownership of projects that have been financed by China could be given to China subject to the repurchase of projects by the government and reduce Chinese debt and make efficiency in projects.  If the projects generate a loss in which the owner will be China and it would manage at a profitable level to receive a dividend and considering positive debt management strategies is the best option for Sri Lanka.     

By Raj Gonsalkorale

Bim Saviya, the MCC Agreement and now a directive on residual” land has muddied the waters in relation to State Land policy and management

Land management in Sri Lanka appears to be all over the place. Several ministries and government departments appear to be responsible for State land management including for forests management, Wild Life conservation area management, residual land management (latest to hit the headlines, see below), agriculture land management and Tea, Rubber and coconut land management.

The latest headline grabbing news item in the LankaWeb News Circular enabling government to hand over forests to companies enforced” on the 9^th of November 2020 states that In a blatant move of violating eco-conservation laws, the government has issued a circular, 1/2020, enabling them to hand over lands to multinational companies and businessmen, by revoking the Circular “05/2001”, “02/2006″, 05/98” issued for the protection of the remaining remnant forests for the acquisition of lands required for the National Physical Plan implemented till 2050 and for the release of lands for the implementation of the MCC Agreement”.

The circular referred to here may be in respect of whatever is termed residual” land, but the absence of a transparent policy has given rise to suspicion and speculation on the intent of successive governments about their designs on State land.  The real intent of the MCC Agreement has been in question and many have questioned the bona fides of this agreement.  

A report on the Land Tenure Considerations in Sri Lanka’s Proposed National REDD+ Strategy by the Sri Lanka UN-REDD Programme in April, 2016 states that in Sri Lanka, 82.25 percent of the country’s land is owned by the State while only 17.75 percent is privately owned, reflecting a history of centralized control over land.

This 82.25% of land belongs equally to the 22 million people of the country living now and the future generations yet to be born. This land is held in trust by all governments on behalf of both components of owners. A land policy therefore cannot benefit a few ministers and parliamentarians and their dependents, but the current and yet to be born Sri Lankans.

Neither can a land policy benefit a country other than Sri Lanka. Selling State land to foreigners will not benefit Sri Lanka. In fact, it will have a negative effect in the long term.

It is presumed that State lands include forest land, wild life conservation lands, wild life lands, agriculture land and estate land that belongs to the State, unproductive land distributed amongst these (probably what is termed residual land) and other classified lands. It is not clear whether temple, church, mosque and kovil land is included as State land.

One of the Parliament Acts that has kindled the fires of suspicion regarding vested interests and ulterior motives, is the land registration Act aka Bim Saviya, introduced in 1997 and implemented in 2007. This has so far registered only 0.72 million blocks out of 12 Million blocks of land. This registration is less than 5% of the total number of blocks identified. It has taken 12 years to achieve this.

A question arises what land is being registered. Is it the 82.25 % which is State land or the 17.75 % which is private land? It is said that the registration procedure is very cumbersome and does not recognise Sri Lankan context laws, customs and practices, as the law is based on the Australian Torrens title registration law. The next question that arises is why State land registration is cumbersome and whether there is a need to issue titles for State land.

The land component of the MCC Agreement is insistent on land titles being registered under Bim Saviya. If State land registration has to be done according to Bim Saviya, it could be interpreted that the MCC Agreement is all to do with State land, and as increasing productivity of State land is not directly related to its title, it can be assumed that issuing titles for State land has an ulterior motive. After all, it is State land, and the suspicion that the real intent of the MCC Agreement is to get the government to privatise State land by selling them to locals and foreigners is not unfounded.

The latest salvo in land management with a circular referring to residual” land again raises suspicion as to what might be regarded as residual” land, especially as its management including disposal for development work, has been assigned to Provincial and District Secretaries. It is well known that political pressure and influence over these officials is rife in Sri Lanka and that boundaries on the so called residual land could expand into forests and wild life conservation areas. Development work could mean different things to different people. Cutting down valuable trees in a forest, now reclassified as residual land, might be regarded as development work by some!

The influence and pressure that politicians exert over all segments of the administrative service is known. Politicians in general do not enjoy the trust of the people as most are known to initially cover the costs associated with their election once in power and thereafter accumulating enough wealth for themselves and many generations to come. Little do they realise that their future generations may not have a country to call their own if land is sold to foreigners or a world to live in if the damage they do to the environment for some immediate gain continues.

A land policy must essentially be on the basis of (a) obtaining more with less, not the other way about. Using less land to produce more will ensure something is left behind for future generations as there will not be any land left if more and more land is used by the present generation. (b) Research must be the cornerstone for increasing productivity as countries like Israel has shown with great success (c) increasing forest cover and not reducing it. Forest cover will save the environment and the climate (d) and wild life sanctuary land being increased and not decreased as these play a significant role in the sustainability of the eco system.

A land policy has to be for the long term, for generations yet to be born, hence the need for a strategic policy. It needs to be transparent as it is not something for today’s custodians to hide from the true owners, the present and future generations of the country. The current owners of State land, through their votes must also have a say in what they intend leaving behind for the yet unborn generations. There cannot be a place for secret deals that circumvent scrutiny and responsibility.

Finally ,once a comprehensive State land policy is determined by the people through their representatives, both at central level and provincial level, its management should be assigned to  administrators to implement without fear or favour.

THAWALAMA DEVELOPMENT FOUNDATION

Puselahena Estate, Kindelpitiya, Millewa.

1^st November 2020.

The Secretary,
Experts Committee to draft a new constitution,
Room 32 (Block 02) BMICH,
Bauddhaloka Mawatha,
Colombo 7,

Dear Sir,

A NEW CONSTITUTION FOR THE ISLAND NATION OF SINHALE

Heeding to a request that has been made to the Public by the Experts Committee appointed by the government to draft a new Constitution for our country, the Thawalama Development Foundation wishes to present the information submitted below in this regard for your kind consideration and necessary action.

History is a methodical record of past events while traditional stories and myth coming down for generations is legend. Two thousand five hundred years of history from the advent of Prince Vijaya is recorded as written history in the great chronicle of Mahavamsa. Myth and traditional stories take us beyond this written history in the Mahavamsa to a Ravana civilization approximately five thousand years ago, a Mahabali civilization approximately ten thousand years ago, a Tharaka civilization approximately twenty thousand years ago and a Manu civilization approximately thirty thousand years ago. Though this is a mythical belief there is ample evidence through recent archaeological findings in places such as Balangoda and Buttala to prove that men had lived in this island for well over thirty thousand years.

The recorded history in the great chronicle Mahavamsa attributes Prince Vijaya’s arrival in this island to around 483 BC. There were four tribes living in this country then known as Heladiva. The four tribes were the Nagas, the Devas, the Rakshas and the Yakkhas. Since the country was inhabited by four tribes the country was also known as Sivuhela(Sivu meaning four). Prince Vijaya was crowned as King of Heladiva and was the ruler of this island for thirty eight years (483 to 445 BC). He married a Yakkhini Princess named Kuvanna who became his queen. However there was no immediate integration between the Yakkha tribe and the immigrant Sinha tribe that arrived in this island with Prince Vijaya from North India. Therefore with the demise of King Vijaya his queen Kuvanna or their son did not become the ruler of this island.  It was Panduvasudeva a relation of King Vijaya from the Sinha tribe summoned from North India that became the next ruler of this island.

It is possible that the integration of Sinha tribe with the indigenous people namely the Nagas, Devas, Rakshas and Yakkhas may have taken many more decades and would have been completed probably during the reign of Pandukabhaya (377 to 307 BC) who was the fourth King of the island after Vijaya’s arrival. King Pandukabhaya had many indigenous people joining his army to defeat his uncles and to become the ruler of the island probably because his paternal grandmother was an indigenous lady from a Hela tribe and not an immigrant from the Sinha tribe. It was during the reign of King Pandukabhaya that this island known as Heladiva or Sivuhela was identified as Sinhale after a complete integration of the immigrant Sinha tribe from North India with the four indigenous Hela tribes of this island.

The island which was henceforth known as Sinhale was divided into Ruhunu Rata, Pehiti Rata and Maya Rata for possibly administrative expediency and after this division the island was referred to as Thunsinhale. The supreme king or the emperor ruled the country from the capital city that was situated in the Pehiti Rata during ancient times and therefore was better known as the Raja Rata. Due to invasions initially from South India and subsequently from European countries the capital city was later relocated either in Maya or Ruhunu Rata. When the supreme king or emperor resident in the capital city that was located in one of these subdivisions the other two subdivisions were sometimes ruled by a sub king or a regent who was a close relation of the king but he was always subordinate to the supreme king or emperor residing in the capital city. During the advent of the first European power the Portuguese to this country in 1505 A.D the capital city was Sri Jayawardenapura in Kotte that was situated in the Maya Rata. The Portuguese gradually established control over the Maritime Provinces of the island.

The Dutch took over the rule of the Maritime Provinces from the Portuguese in 1656 A.D and in 1796 A.D the British took over the Maritime Provinces of the island from the Dutch. When the European powers commenced to establish their rule over the Maritime Provinces of the island the kingdom of Sinhale gradually moved to the interior central hills and the capital city was finally established at Maha Nuwara in the Ruhunu Rata. Invading British forces found it very difficult to approach the strategically situated Maha Nuwara that was in the central hills as it was virtually surrounded by the Mahawali River and thick jungle. A British expeditionary force that tried to capture the king of Sinhale in 1802 A.D was virtually annihilated during that attempt. The kingdom in the hills from where the king reigned was also known as Kanda Uda Pasrata which the British later called Kanda and subsequently Kandy.

The kingdom of Sinhale was ceded to the British by the Sinhalese Chieftains through the Kandyan Convention signed on the 2^nd of March 1815 and was never conquered by the British. The name of the ceded country mentioned throughout the Sinhala and English text of this International Treaty is called Sinhale, the name by which the island was known through the centuries. The letter and spirit of the Convention was never observed by the British Colonial administration. This resulted in two rebellions. One was in 1818 and the other was in 1848. British were able to crush both these rebellions in the most ruthless manner and continue with their British colonial rule until the granting of independence to Ceylon on 4^th February 1948.

 Independence was however granted by the British to a country called Ceylon and not to the country called Sinhale that was ceded to them by the Sinhala Chieftains, through the Kandyan Convention. The implication of this intentional or unintentional omission was overlooked by our national leaders at that point of time. Had independence been granted to the nation of Sinhale that was ceded to the British, then there would never have been any ambiguity with regard to the rightful ownership of this island. Just as much as the world accepts that France is the land of its indigenous people the French, Germany is the land of its indigenous people the Germans, China is the land of its indigenous people the Chinese, Japan is the land of its indigenous people the Japanese and so on and so forth, Sinhale would have been the land of its indigenous people the Sinhalese. There would never have been any room for a mythical Tamil homeland known as Eelam in this country. 

The word ILAM (Eelam), today, comes into much prominence. It is, apparently, being used to connote the impression of a land of the Tamils”. Indeed, the Tamil word ILAM was never before used in that sense. On the contrary, this Tamil word ILAM did not refer to Tamil land but to the Landof the Sinhala people”. None other establishes this than the Tamil lexicon published under the authority of the highest seat of Tamil learning, namely the University of Madras. Page 328 of this Tamil lexicon has the following entry: ILAM, n< Pali, Sinhala, 1. Ceylon.What it says is that ILAM means the land of the Sinhala people. The Tamil word given as the meaning of ILAM reads SINHALUM”. The term ILA in Tamil means SINHALA”, having its origin in the word HELA, by which term the ancient people of LANKA were known. Thus ILAKKACHU in Tamil means Sinhala Coins”- ILA means Sinhala, Kachchu means Coins. Similarly, since NADU means LAND, ILANADU means Sinhala land. According to the said lexicon the word ILANADU was derived from ILAM. The foregoing establishes the fact that the word ILAM (Eelam) never referred to any Tamil land but always signified the Sinhala land. Therefore if one were to ask for ILAM (Eelam), what is being asked for is the traditional homeland of the Sinhala people.

Tamil culture evolved for centuries in Tamil Nadu situated in South India and not in this island which is the traditional homeland of the Sinhala people. Therefore Tamil Nadu the traditional homeland of the Tamils is where they can practice self-determination and not in the northern and eastern parts of this island that is an integral part of the nation of Sinhale now better known as Sri Lanka. It was to establish a separate homeland for the Tamils in the northern and eastern parts of this island that the LTTE fought a war for three decades with the government of Sri Lanka. Though the LTTE was convincingly defeated in 2009 some Tamil political leaders who are supported by the LTTE rump in the Tamil Diaspora still continue to speak about Tamil aspirations for self-determination and also with regard to the need to establish a traditional homeland for the Tamils in this country. These Tamil political leaders also aspire to have the Security Forces that protected and preserved the unity and territorial integrity of the nation by defeating LTTE terrorism removed from the Northern Province. Such aspirations are unrealistic and would never be acceded to by the Sinhalese majority in this country even if undue international pressure is applied upon the government of Sri Lanka. Therefore these Tamil politicians instead of following a path that would drag the Tamil minority once again to a dark age of war and destruction should instead join hands with the government of Sri Lanka to rapidly develop the area affected by the war to usher in peace and prosperity for the Tamil people living in the northern and eastern parts of the country.  

It is true that there are many examples of new countries being formed overnight. In our immediate neighborhood the division of India into India and Pakistan or the creation of Bangladesh serves as good examples. However the formation of nations does not happen overnight and in fact takes several centuries. A nation also has its own indigenous population and a language of its own. The nation of Sinhale had been in existence for over 2000 years and it had its own indigenous population the Sinhalese and a language namely Sinhala when it was ceded to the British on 2^nd of March 1815. This nation of Sinhale was identified as a country called Ceylon by the British. The Sri Lanka Freedom Party that was governing the country in 1972 promulgated a new Constitution and Ceylon was renamed as the Republic of Sri Lanka without having used that opportunity to revert back to the Nation of Sinhale which was the ancient identity of the island. Unlike in Sri Lanka the national leaders of Myanmar were much more patriotic and valued their historical identity. Therefore British colonial Burma reverted back to its original name of Myanmar after independence.

What was the rationality behind our political leaders changing the name of the ancient island nation of Sinhale to that of a country called Sri Lanka? Did it not result in converting an ancient nation into just another country of recent origin? Was the name of the country changed to Sri Lanka because the governing party at that point of time was the Sri Lanka Freedom Party? What was the actual origin of this name Sri Lanka? The meaning of Sri is resplendent or very splendid. Admiring the very splendid beauty of this island people living in neighboring India called it the Alankar Dwipa.

The name Lanka was derived from the word Alankar by dropping the first letter A and the last letter r. Therefore Lanka was only a nick name used from ancient times for the splendidly beautiful island nation of Sinhale. When the new Constitution was promulgated in 1972 our political leaders only succeeded in changing the name of the island to its ancient nickname instead of the real ancient name of Sinhale. This only diluted the claim of the indigenous Sinhala people to this island nation and further encouraged the Tamil separatist demand.  

During the British colonial era Indian Tamil indentured labour was inducted to Burma too. However after independence the far thinking Burmese national leaders requested the Indian Tamils in that country to integrate into the majority Burmese society by changing their names to Burmese and those who were unwilling to do so were asked to return to India. This resulted in an increase in the majority Burmese population and a corresponding decrease in the minority Tamil population. Even though the Indian Tamil indentured labour spent much of their sweat and toil to develop the plantation industry in Ceylon had an integration exercise similar to that practiced in Burma been suggested for this country after independence that would never have been accepted by the Sinhalese people who believe that they belong to a pure race. Have they forgotten that their very race is a result of an integration of the indigenous Nagas, Devas, Rakshas and Yakkhas with a migrant Sinha tribe from India over 2000 years ago that resulted in the formation of the nation of Sinhale? It is also a fact that this island nation is strategically situated very close to the main shipping route in the Indian Ocean. Therefore much integration was inevitable between foreigners and the Sinhalese people for many centuries and to believe that a pure Sinhala race exists today is nothing but fallacy. DNA tests have proven that the Sinhala race is far from pure and is very much mixed. 

The first Constitution of independent Ceylon was the Saulsberry Constitution. This Constitution of Ceylon was repealed and a new Constitution for the Republic of Sri Lanka was adopted and enacted on or about 22^nd of May 1972. This 1972 Constitution of the Republic of Sri Lanka was repealed in 1978 with enactment and adoption of a new Constitution of the Democratic Socialist Republic of Sri Lanka. Therefore when constitutions were adopted for the country in 1948, 1972 and in 1978 the political leadership of our nation had three opportunities to reestablish the nation of Sinhale that was ceded to the British on 2^nd of March 1815. These political leaders voted to govern the country by the people even after 72 years of independence from the British failed to adopt and enact a constitution for the nation of Sinhale making separatist claims irrelevant. The Thawalama Development Foundation would be thankful to the Experts Committee if it gives due consideration to enact a new Constitution for the nation of Sinhale.

Yours faithfully,

Anil Amarasekera/-Lt Col. A.S.Amarasekera (Retd.)                                                                                                                               Director of Operations

Lt Col. A.S.Amarasekera (Retd.)Puselahena Estate, Kindelpitiya, Millewa.

6^th November 2020.

The Secretary,
Experts Committee to draft a new constitution,
Room 32 (Block 02) BMICH,
Bauddhaloka Mawatha,
Colombo 7,

Dear Sir,

Why political power should be decentralized and not devolved

The observations made by me first as a military officer and subsequently as the Director of Operations of the Thawalama Development Foundation while working in the Northern and Eastern Provinces since the enactment of the 13^th Amendment to the Constitution is explained below for your kind consideration when drafting a new constitution for our country.

The English meaning of decentralization and devolution of power seem very similar when looked at superficially. However the important fact that needs to be realized when it comes to the governing power of a country is that decentralization amounts to the transfer of that power from the central government to a provincial council while devolution is on the other hand the removal of central government power and handing that power to a provincial council. Therefore decentralized power if misused by a provincial council could be recalled by the central government while devolved power to a provincial council cannot be recalled by the central government. Taking into consideration the difficulty or virtual impossibility for a central government to recall devolved power to a provincial council let us consider the possible repercussions in such an eventuality to this country with several simple examples.

Firstly let us consider irrigation which is the life blood of the farming community in the northern and eastern provinces. Once this subject is devolved to either the northern or eastern provincial council, if the provincial administration fails to maintain the reservoirs (Wewas) and irrigation canals in the Sinhala villages, there is nothing the central government can do to help the Sinhala cultivators in distress. The only alternative left for them would be to leave those villages in the northern and eastern provinces and migrate to some other province.

Secondly let us consider the subject of health. Once this subject is devolved to either the northern or eastern provincial council if the provincial administration fails to provide adequate funds to maintain the rural hospital buildings serving the Sinhala community or fails to provide adequate doctors, nurses and other staff or even medical supplies to rural hospitals in their provincial council area, the Sinhala villagers will have no other alternative left other than to leave the province and to migrate to some other province where these facilities are available.

Thirdly let us consider the subject of education. Once this subject is devolved to either the northern or eastern provincial council, if the provincial administration fails to appoint the teachers needed to schools in Sinhala villages and also does not allocate adequate funds to maintain and repair school buildings in the Sinhala villages, there is nothing that the central government can do in this regard. The Sinhala population will therefore leave the province and migrate to some other province where good education facilities are available for their children.

These are only three simple examples that I have provided to bring to the attention of the experts committee the danger of devolving power to the northern and eastern provinces. However the situation would be the same with regard to distribution of electricity, repair of roads, purchase of agricultural produce and many other such subjects, if there is devolution of power to the northern and eastern provinces where the Sinhala population is a minority. Therefore while devolution will only hasten the division of the country by creating administrative avenues to encourage the migration of the Sinhala population from the northern and eastern provinces of the country to other provinces, decentralization of power will not encourage such action as these powers can be withdrawn by the central government if found to be misused by any provincial administration.

I have during the time I was serving in the Sri Lanka Army and subsequently while working with volunteer organizations to alleviate poverty in villages affected by LTTE terrorism observed how the provincial administration functions in the northern and eastern provinces in this country. Therefore I am well aware of both the good and the bad qualities of such administrations. The provincial administration introduced after the 13^th Amendment has been a total disappointment and an additional burden upon the people of this country with unnecessary duplication of effort and a waste of financial resources the country can ill afford. The district administration to which government power is decentralized on the other hand has been time tested and found to be very effective under the guidance of an efficient Government Agent. I was able to solve many problems in affected villages with assistance from district administrations. 

A good example in this connection is the village of Elapathwewa deep in the jungles of the Anuradhapura district. This village had not been visited by even a Grama Niladhari for many months. I decided to bring the problems faced by these villagers to the attention of the Government Agent of Anuradhapura. On the day I went to see Mr. S. D. Chandradasa, he had just lit the traditional oil lamp and taken over duties as the new Government Agent of Anuradhapura. I was his first visitor. After having patiently listened to my complaint, he immediately decided to travel with me in my vehicle to visit this village and to ascertain the truth. After his visit to this village with me that day he personally ensured that all the difficulties the people in that village had for many months were speedily resolved.

As opposed to the district administration I observed that the provincial administration was highly politicized. When I was serving in the Army as the Officer Commanding Troops in Anuradhapura, the Chief Minister of the provincial administration on a request made by his political supporters tried to interfere even in the deployment of troops in my area of responsibility. Not realizing that I was not obliged to heed to his political agenda he wanted me to redeploy a detachment that I had withdrawn for strategic reasons from the village of Kukulkatuwa. He even spoke to my Divisional Commander and tried to get my decision reversed. However I must give him credit for finally accepting my refusal to agree to his request.

The villages in Weli Oya were situated in a very strategic area of the Yan Oya basin. It was in fact a land mass that was the gateway from the north to the east, which was the key area that the LTTE was trying to ethnically cleanse by attacking Sinhalese villages in the area, in an effort to create a mass exodus of its Sinhalese population to other parts of the country. Some of these villages in Weli Oya were in the Anuradhapura district, while some others were in the Vavuniya district. There were a few villages even in the Mullativu district and the Sinhalese villages adjacent to them were in the Trincomalee district. With the intensification of LTTE activity the district administration in both the Vavuniya and Mullativu districts found it difficult if not impossible to administer the Sinhalese villages under their purview. Therefore during the initial stage of the LTTE problem despite all the difficulties and with little or no support from the northern and eastern provincial administrations, the Sri Lanka Army and the district administration in Anuradhapura was able to sustain these villages with the meager resources available, thus preventing a large scale exodus of its population as envisaged by the LTTE. This proves beyond reasonable doubt that provincial administrations were not an absolute necessity. 

I will now place before the experts committee few more personal observations made by me while working in the northern and eastern provinces. When a subject is devolved to the local administration the ultimate responsibility to ensure that the law of the land is properly implemented becomes the responsibility of that local administration. For example if the distribution of electricity is devolved to the province, the Minister of Power and Energy can shout from the roof top of his Ministry in Colombo that those who tap electricity illegally will be severely dealt with but the implementation of the law has to be carried out by the electricity board of the local authority. These employees will not take action against their own people. Therefore in the Muslim areas of the eastern province tapping of electricity illegally will continue with impunity as it is happening at present.

The next observation of devolved power being misused after the establishment of provincial councils is the alienation of land by the Pottuvil Divisional Secretariat. Land development permits were fraudulently prepared by certain Muslim officers in the Divisional Secretariat to alienate state land to people in their community. When the subject of land alienation has not even been devolved to provincial councils if fraudulent land development permits were prepared with impunity, what will happen if and when this subject is devolved to Provincial Councils? I was told by the former Government Agent and District Secretary of Ampara Mr. Sunil Kannangara that this matter was under investigation.  When LTTE activity intensified in the Pottuvil Divisional Secretariat area, Sinhala people who had obtained land development permits to develop land left that area. Their buildings were ransacked and the land was subsequently occupied by Muslims who are now refusing to hand back these lands to the Sinhalese permit holders. The Pottuvil Divisional Secretariat also has a lackadaisical attitude towards helping the original Sinhalese permit holders to reoccupy their land.

Another observation that was made by me with regard to the inefficiency of devolved power to a province is its inability to prevent the encroachment into state land by the Muslim community. The archeological reservation of the Muhudu Maha Veharaya and the coastal and forest reservations in the Pottuvil Divisional Secretariat area have been encroached by Muslims and even forest reservations in the Lahugala Divisional Secretariat area has been cleared and encroached with impunity. Action by the provincial administration to prevent such activity has been slow if not lethargic due to the fact that most of the officers at the provincial level who implement the law of the land are also Muslims.

With governing power on most subjects devolved to the provincial administration the central government is now finding it difficult if not impossible to prevent such illegal activity as mentioned above where as if power had been decentralized the misused power could have been withdrawn from the provincial administration for direct action by the central government to implement the law of the land. With all the information provided by me in this letter the experts committee I believe will not hesitate to repeal the 13^th Amendment when drafting the new Constitution.

Yours faithfully,

Anil Amarasekera/-

Lt Col. A.S.Amarasekera (Retd.)

KAMALIKA PIERIS

Those opposing American rule in Sri Lanka have now woken up to the need to internationalize the matter.  In August 2019, a group of Opposition MPs handed over a letter to the High Commissioner of South Africa in Colombo, to be handed over to the Secretary-General, Indian Ocean Rim Association, Ambassador Dr. Nomvuyo N. Nokwe based in Mauritius. The letter was handed over to by Professor Tissa Vitarana, representing the signatories.

The following is the text of their letter:

We, the undersigned, have the honour to refer to the decision of the Council of Ministers of the Indian Ocean Rim Association at its meeting in Bengaluru in November 2011 to assign Maritime Safety and Security as its top priority area of focus, acknowledging the importance of a safe and secure Indian Ocean for socio economic development. We also wish to refer to IORA’s recognition that ‘maritime security’ includes “elements of international peace and security, sovereignty/territorial integrity/political independence, security from crimes at sea, security of resources and environmental security.”

In this regard, we wish to invite your attention to a new situation that has arisen in relation to Sri Lanka that is likely to pose a grave threat to regional and international peace and security, given its geostrategic location on the maritime route linking East and West.

The people of Sri Lanka, their Parliament and President, have only recently learned of three military or military-related agreements between the United States of America and Sri Lanka that have been secretly and hurriedly elaborated, negotiated and signed or are on the verge of being signed. Together, they form part of a larger project to transform Sri Lanka into a US strategic military hub in the Indian Ocean, a project that is incompatible with the Purposes and Principles of the Charter of the United Nations, and violates the sovereignty, independence and territorial integrity of Sri Lanka.

We highlight below some of the provisions of relevance to the aims and objectives of IORA. Since neither the Government of Sri Lanka nor the Government of the United States have released the text of the agreements to the public or to Parliament, the information provided is based on excerpts leaked to the press:

1 Under Acquisitions and Cross-Servicing Agreement (ACSA), formerly known as the NATO Mutual Support Act, signed on 4 August 2017, Sri Lanka agrees to provide the United States with logistical and other support for, inter alia, “unforeseen circumstances or exigencies.” In other words, it allows utilization and exploitation by US forces of Sri Lanka’s strategic harbours, airports and military installations for large-scale power projection operations in and through the US Indo-Pacific Command (USINDOPACOM) area of responsibility, which will transform Sri Lanka into a Launchpad for attacks of aggression against third countries in our region, as defined in General Assembly resolution 3314 (XX1X), and in violation of the Charter of the United Nations and the 1970 Declaration on Principles of International Law.

2. Secret negotiations are ongoing on a new Status of Forces Agreement (SOFA) which permits Department of Defence (DoD) military and civilian personnel, as well as DoD contractors, to occupy the entire territory of Sri Lanka, including, inter alia, for “other activities mutually agreed,” in addition to its use for “ship visits, training exercises, (and) humanitarian activities;” exempts DoD personnel from criminal jurisdiction; grants them diplomatic privileges and immunities; authorizes their entry into the country with only US identification; allows their free movement to any part of Sri Lankan territory, wearing military uniform and carrying weapons; allows also the free movement of their vessels and vehicles; and exempts them from any inspection, restriction, taxes or duties of any equipment, records or other material they import, export or use.

3. Millenium Challenge Compact (MCC) is a third secret agreement signed on 25 April 2019 involving a land project and a transport project that will create an “economic corridor” involving 8 districts and which reportedly covers 1,2 million acres and divides the country into two parts. An electric train will connect the strategic northeastern port of Trincomalee to Colombo’s international airport and harbour in the west, thus facilitating the movement of US troops and other DoD personnel between Sri Lanka’s strategic ports and airport. Under the land project, the US has imposed drastic reforms of land laws that will permit privatization of state lands and purchase of unlimited extents by foreigners. Through this mechanism, state lands, which under existing laws are granted to landless farmers for their use, or used for public schools and hospitals, parks, or natural reserves, will be transferred to foreign transnational corporations. The area covered by the MCC project contains a wealth of natural resources and strategic assets, including energy deposits, rare earth elements and other minerals, a rich biodiversity, water resources, and UNESCO world heritage sites. Its implementation will lead to a massive displacement of populations; the plunder of their wealth and natural resources; stripping them of their livelihood and depriving them of public utilities, schools, hospitals, places of worship, cemeteries, etc.; and, causing irreparable harm to environment and loss of biodiversity.

All three agreements have been negotiated in secret and imposed upon the people, without any public participation or parliamentary oversight, with the President of the country himself being misled. Negotiations were/are conducted under duress with regular threats of unilateral coercive trade and economic measures, blatant Western interference in the internal affairs of the country, and the selective targeting of Sri Lanka at the UN Human Rights Council by the US and its Western allies, including through successive US-led resolutions to provide legitimacy to its unilateral project. It is significant that the pressure intensified following the tragic Easter Sunday massacres that saw the arrival in the country of significant numbers of US and other Western intelligence and military personnel.

Together, the three agreements contribute to the extension and strengthening of NATO activities in the region and cannot be isolated from the overall strategy of the United States in the region that it calls the Indo-Pacific. The US President’s National Security Strategy 2017 and the 2018 National Defense Strategy identified three sets of threats to America and its allies, all of them of concern to the Indian Ocean region: China and Russia; Iran and the Democratic People’s Republic of Korea; and “jihadist terror.”

The signing of such military agreements in the context of US bellicosity against powers in our region, including China and Iran, but also the conflict between India and Pakistan, and between India and China, poses a grave threat to regional and international peace and security and must be of concern to IORA and to its Working Group on Maritime Safety and Security.

In view of the foregoing, the undersigned appeal to IORA member States, individually and collectively, as a matter of priority, to take the following urgent measures in conformity with their obligations under the IORA Charter and the Charter of the United Nations:

a) Ensure respect for, promote and safeguard the fundamental principles upon which international cooperation among states must be based, including, inter alia, respect for the principles of sovereign equality, territorial integrity, political independence, noninterference in internal affairs, peaceful coexistence and mutual benefit.

b) Evaluate the adverse consequences of the agreement for regional and international peace and security and communicate the results to the United Nations, in accordance with the relevant provisions of the UN Charter.

c) Take appropriate action under Chapter VIII, Article 52, of the UN Charter, concerning regional arrangements which authorises such arrangements “to deal with matters relating to the maintenance of international peace and security in a manner consistent with the Purposes and Principles of the United Nations, and in no way impairing the authority of the General Assembly and Security Council in such matters under Articles 34 and 35.

d) Implement, through appropriate mechanisms of IORA and in conformity with the provisions of the Charter of the United Nations, the UN Declaration of the Indian Ocean as a Zone of Peace adopted by the General Assembly resolution 2832 (XXVI), which designates the Indian Ocean for all time as a zone of peace “within limits to be determined,” together with the airspace above and the ocean floor subjacent thereto.

e) Take appropriate action under Chapter V1, Article 35 of the UN Charter, concerning Peaceful Settlement of Disputes, which “authorizes any Member of the United Nations to bring to the attention of the Security Council or of the General Assembly, any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.” (Island 10.8.19 p 3)

Tamara Kunanayagam was associated with the drafting of the above memorandum. ‘I fully share the concerns expressed by the signatories and endorse the content of the letter and its objectives’, she said. She went on to explain some of the items in the letter.

 The letter does not call for “UN intervention,” which would constitute a violation of State sovereignty prohibited by the Charter, Tamara said. Instead, and in conformity with the Charter, it draws the attention of IORA and its member States to a new situation that has arisen in relation to Sri Lanka as a result of the military or military-related agreements between the USA and Sri Lanka – ACSA, SOFA and MCC – elaborated, negotiated and signed (or on the verge of being signed), under coercion and in secret, and which are likely to pose a threat to regional and international peace and security.

The letter calls upon IORA member States, who are also members of the United Nations, to fulfill their obligations under IORA’s own Charter and the Charter of the United Nations.

The UN Charter is the only universally recognized rule of law that currently governs relations between States, based on sovereign equality. It stands opposed to the so-called ‘rule of law’ aggressively promoted by the US, based on unilateralism, external intervention and aggression, which seeks to maintain US hegemony, globally.

Under article 103 of the UN Charter, any agreement that conflicts with non-derogable peremptory norms of general international law, such as sovereignty, independence and territorial integrity, is null and void.

 Secret agreements are moreover incompatible with the UN Charter, as are military agreements signed in the context of big power rivalry, including, in particular, those aimed at attacking third States.

The UN definition of aggression includes “the action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpetrating an act of aggression against a third State” (General Assembly resolution 3314 (XXIX) on Definition of Aggression).

The UN Charter prohibits external ‘intervention’ in whatever form by one State in the internal affairs of another. Instead, it obliges Member States to take effective collective measures, by peaceful means, to prevent and remove threats to the peace, and to suppress any acts of aggression or other breaches of the peace.

Chapter VI of the Charter sets out the peaceful means whereby parties to a conflict or any other state should seek a solution. Under article 35, any UN Member State may bring to the attention of the Security Council or General Assembly “any dispute, or any situation” that “might lead to international friction or give rise to a dispute.

Chapter VIII allows regional arrangements to deal with matters relating to the maintenance of international peace and security in a manner consistent with the Purposes and Principles of the United Nations.

In the letter addressed to IORA Secretary General, the signatories call on Member States to apply the provisions under chapters VI and VIII relating to the peaceful settlement of disputes through regional and international cooperation, and not through intervention, and in a manner that respects the sovereignty, independence and territorial integrity of Sri Lanka.

 It calls on IORA Member States to “ensure respect for, promote and safeguard the fundamental principles upon which international cooperation among states must be based, including, inter alia, respect for the principles of sovereign equality, territorial integrity, political independence, non-interference in internal affairs, peaceful coexistence and mutual benefit.

The US views itself as a hegemonic power with the authority to dominate the entire globe, including outer space, and to act unilaterally, preemptively and preventively imposing on other states its own “rule of law.” This rogue state vision of the world blatantly contradicts the universally recognized multilateral order governed by the Charter of the United Nations. It is this unilateral vision that the signatories of the letter to the Secretary General of IORA unequivocally reject, concluded Tamara Kunanayagam. (continued)

KAMALIKA PIERIS

STATUS OF FORCES AGREEMENT (SOFA)

US and Sri Lanka had  an agreement  in 1995, by exchange of diplomatic notes, regarding the status of US military personnel and civilian employees of the Department of Defence  who may be present in Sri Lanka for exercises or official duties. The SOFA currently under negotiation seeks to update this 1995 agreement between the US and Sri Lanka. US government has made a request to extend the former agreement, and to include an annexure to expand it, called Annex B.

Prime Minister Ranil Wickremesinghe announced in Parliament in July 2019 that Sri Lanka is negotiating a fresh military cooperation deal with the United States. The government was discussing a replacement for the 1995 Status of Forces (SOFA) arrangement that would allow the US military easier access to Sri Lanka.

The United States Embassy in Colombo sent to Foreign Secretary, Prasad Kariyawasam a five-page document dated August 28, 2018.it was a draft Status of Forces Agreement (SOFA) which Washington was keen to sign with Sri Lanka.  Kariyawasam initiated discussions supported by Foreign affairs Minister Mangala Samaraweera. Discussions were between the United States Embassy in Colombo and the Ministry of Foreign Affairs.   Ministry of Defence, responsible for the country’s national security, was kept out.

The draft said that the acceptance of their draft” shall constitute an agreement between the two Governments,which shall enter into force on the date of Ministry’s reply.” This meant that once the Secretary of the Ministry of Foreign affairs, Sri Lanka, accepted the offer or says Yes, the agreement is effective. Once the Sri Lanka Government agrees, it has to stick by it, the embassy said. The Public Affairs Office of the US Embassy had invited select local media to brief them on this. The veiled warning made news, said Sunday Times.

However, at this point President Sirisena butted in. He asked Secretary Kariyawasam to quit his post in Washington.  Ambassador Kariyawasam left on October 31, 2018. That put the SOFA project on temporary hold. But negotiations went on.

 SOFA was listed for discussion at the third Sri Lanka-United States Partnership Dialogue in Washington DC in May 2019, Foreign Minister Tilak Marapana, who led the Sri Lanka delegation, discussed the draft SOFA,  with US Secretary of State Mike Pompeo.

He was to express Sri Lanka’s concern over some of the provisions. There were two clauses which Minister Marapana sought to change during talks in Washington DC. One was diplomatic immunity for US troops who would be present in Sri Lanka and the other subjecting all their actions to US laws. Such an agreement, would have given an open licence for uniformed US troops with arms and communications equipment to roam any part of Sri Lanka.

Meanwhile President Sirisena declared, in June 2019, I am against the proposed SOFA.  He was not prepared to accept military agreements with the US including SOFA. President Sirisena then telephoned Marapana in Washington DC and said he should not sign the SOFA agreement without any consultation with Sirisena since Sirisena was the Minister of Defence. This has stalled the move for the time being but pressure from the United States continues, said the media in June 2019.

State Minister for Defence, also said No agreement which is not favourable and which has consequences to national security will be signed. If any agreement was to be signed, the President’s advice as Minister of Defence would be sought and signed thereafter by the Defence Secretary.”

The proposed Status of Forces Agreement (SOFA) with the US has come in for much discussion. The whole process lacks transparency and accountability, said critics. SOFA is very comprehensive.  Our independence, our territorial integrity, and freedom of action are at stake. This treaty once signed will be binding on us. Sri Lanka will be dragged into the US camp.

The new agreement is comprehensive and provides for full enjoyment of diplomatic immunity not only by any member of US armed forces, but also by the contractors and employees of US armed forces. SOFA is more far reaching than ACSA since it is not confined to purchase of goods and services. They include rules governing US military personnel in a foreign country.

 WARNING STATEMENT BY MM ZUHAIR.

M.M. Zuhair has provided the clearest and bluntest assessment of what will happen when SOFA is signed. Here are his comments.

Zuhair warned that proposed Status of Forces Agreement (SOFA) would transform Sri Lanka into a US military facility. it will create a ‘separate state’, having an independent power structure for the US military and its contractors, within the territory of Sri Lanka.”That state will be run from Washington by the US Defense Department. The Sri Lankan government, it’s Parliament, the country’s judiciary it’s armed forces or the Police will have no say, under the published agreement, over the US armed forces entering Sri Lanka at their will and pleasure, freely transiting, exiting or remaining without exiting, within any part of the territory of Sri Lanka in vehicles, vessels and aircrafts, wearing uniforms, armed with communication equipment and weapons. “

“The unwritten objective of the proposed agreement would be for the US to obtain from Sri Lanka, the non-consultative status of using at any time, any part of the Sri Lankan territory, as a permanent or transit point for the military activities the US is habitually and perennially engaged in, outside the Western world. For the first time, fully armed American men and women can freely move within any part of Sri Lanka, as persons above Sri Lankan laws.

US armed forces can move anywhere in the island both individually as well as collectively with arms and ammunition. All the recognized ingredients that constitute a technologically virtual ‘separate State’, though an unrefined concept in international law are to be found sandwiched in SOFA.”With SOFA in hand, the Americans do not require a military ‘base’ in Sri Lanka’s Eastern city of Trincomalee or elsewhere here, because the whole island will be a US controlled super State operating above the Sri Lankan laws and State”. The consequences would be the country will abdicate its sovereignty, in respect of an unprecedented list of powers exercisable by the Sri Lankan State, to the US President and his successors. “

The list of US contractors is open ended. It will include contractors signing with the US Defense Department in the future and the future employees of the contractors, over whom Sri Lanka will have no control. ” The US armed forces and its civilian personnel will be governed only by US laws while enjoying privileges, exemptions and immunities in Sri Lanka that even the country’s Head of State, our Mahanayake Theros or Sri Lanka’s Judges or Generals do not have.”

Zuhair points out that this could be used further. US money power will also enjoy structural facilities in the island that can be used to influence future elections. Eventually the US might want a puppet regime elected or installed to consolidate more effectively and permanently its presence” in this admittedly strategic location. “

“The US Ambassador here had tried to call the SOFA as the Visiting Forces Agreement. The one is entirely different from the other. In fact the Visiting Forces Act of 1949 is more than adequate to serve the objectives the Ambassador had been publicly posturing on this issue.” The Visiting Forces Agreement and the Public Security Ordinance, the latter empowers Sri Lanka’s Head of State to declare emergencies, are adequate to receive any emergency assistance. But red tape is absolutely necessary to exercise due diligence before foreign forces are allowed into the country. “

“As per the agreement, the US armed forces and its civilian components, while in Sri Lanka, will not be subject to Sri Lankan criminal or civil laws, hitherto applicable under the Visiting Forces Act No 31 of 1949.”

“Lately, we have seen the US over active in Sri Lanka under colour of joint military exercises. Almost every other month they are here”. Enemies of the US in the Asian region, though pretending to be asleep, will soon fully wake up. “Are we going to allow our country to be used for engineering external wars and internal conflicts? “

SOFA is not limited to any emergency in Sri Lanka. It applies to any emergency the US is getting itself entangled in, presently in the Middle-East and very soon in Asia.  The agreement is a clear threat to the national security of the country, particularly vis a vis competing international forces which the American government treats, from time to time, as its enemies. “

“This country cannot afford to get dragged into the present or future wars that the US government has a devastating record of getting involved in third world countries. “Sri Lanka will have to pay a heavier price than the returns from exports to the US, when Sri Lanka is used by the US as a front line launching pad for its military operations, which could include wars in the Middle-East and Asia to confront its real and fake enemies.

The US will not give up the agreement as easily as some anticipate. No doubt the US can force its way. But to surrender in advance to the US, with its declared policy of ‘US interests first’ will turn out to be a national disaster,  concluded Zuhair.

LSSP STATEMENT

The Lanka Sama Samaja Party (LSSP), at a meeting of its Politburo in June 2019, called upon the people of Sri Lanka to publicly protest against the move to sign the Status of Forces Agreement (SOFA).

This agreement which is being signed with the Government of the USA is a follow up to the ACSA agreement, a 83-page document, signed by the UNP Government with the USA in 2017. The ACSA agreement enables the American armed forces to make use of any military bases and ports, whenever they want, and the Sri Lankan Government would take all action to provide them with the necessary support. There will be joint training exercises to enable the two armed forces to work together under US directives.

The new SOFA agreement is aimed at providing the facilities and conditions for the implementation of the ACSA agreement. Thus SOFA, as signed by the USA with other countries, would enable US armed personnel, and even their support staff and contractors, to enter Sri Lanka without a visa or passport, merely by showing their Identity Card. There will be no checking of any containers brought in and no duties will be charged. They will be permitted to travel and work anywhere in our country, and in so doing if they break our laws they cannot be charged under Sri Lankan law, but only under US law.

This is a complete violation of our national impendent and sovereignty. Sri Lanka will be made the  51st state of the USA. Every effort must be made to prevent this agreement being signed.

The ACSA and SOFA agreements would enable the US army to invade Sri Lanka, even without the consent of our government, on the pretext of fighting global terrorism, as it did in Iraq and Syria, and make Sri Lanka a battlefield. This will help promote the sale of the armaments of the USA and its allies, including Israel.

To avoid such a distressing chain of events that will adversely affect our country and our people, it is vital that all agreements signed by the present government should be made available to the members of Parliament and the general public. There must be no secret agreements.

This would enable any commitments that are against the interest of Sri Lanka and its people to be exposed and revoked. There should be legislation brought up in Parliament that makes it mandatory for government to disclose the contents of any future agreements in full to Parliament and it should also be made public. The American government has included the discussion of GSP and other trade commitments to take place at the same time. This is to bring pressure on our government with the hidden threat of removing any trade benefits given to Sri Lanka. The Government must not weaken its stand because of such veiled threats.

If we give into their demands on the SOFA and ACSA agreements, then we cannot stop the USA from using Sri Lanka as a substitute for the Diego Garcia military base, they have lost to Mauritius, to enable the USA to control the Indian ocean. Once it is used as a base and they have open entry into our country in terms of these agreements there will be no way in which we can get rid of them so long as there is a pro-USA puppet regime in power. If we are to stop this dangerous sequence of events that threatens Sri Lanka taking place, then we must act now to stop the signing of the SOFA agreement and get parliament to revoke all harmful parts of the ACSA and other agreements, concluded LSSP.

OTHER  OBSERVATIONS

Sri Lanka has no defense agreement with the US and it should be cautious as regards agreements that may put it on a collision course with countries like India, China and Iran, warned former Permanent Secretary of Foreign Affairs, Palitha Kohona at a media conference on the Status of Forces Agreement (SOFA) and Acquisition and Cross-Servicing agreements (ACSA) between Sri Lanka and the United States of America.

Kohona said  under SOFA,  US military personnel could come to Sri Lanka, carry weapon and do anything and they could not be dealt with under the local laws”. For instance, US forces faced a number of rape charges in the Philippines, but did not face legal action in that country.

Defence Secretary Gen.(Rtd). Shantha Kottegoda also said that SOFA should not be signed. He  said that no foreign troops are needed to protect Sri Lanka, referring to provisions in SOFA in regard to the deployment of US defense personnel in the island.

Ven. Mahanayakes and His Eminence Malcolm Cardinal Ranjith issued a joint statement, on the need to exercise caution when entering into agreements with foreign powers.

In the Army, the Navy and the Air Force, senior officers whom I spoke with this week were numbed by the provisions in the SOFA,  said a journalist, In July 2019. They seem to have woken up. a senior Army officer, said My earlier understanding was they were coming here to help us – paint walls of hospitals, make donations for orphanages, provide injections for livestock, build schools and other social welfare or humanitarian measures. However, they are now asking for immunity from our laws.

”An Air Force officer remarked unlike naval operations which the US can co-ordinate even outside Sri Lanka’s territorial waters, the US has to use our airports for troops as well as cargo. We will have to share all our Air Force installations and air fields with a foreign country’s air force. Unlike for emergency situations like relief or rescue operations, prolonged use will definitely affect our activities. We will see another Air Force functioning alongside us and this is abhorrent..

 We should not antagonize the United States. However, we should find acceptable common ground instead of forfeiting our national interests,” said a senior Navy official.

Chandraprema had a different take on the subject. Even though the Status of Forces Agreement that has been proposed with Sri Lanka is shrouded in secrecy, as far as other countries are concerned, SOFA agreements are open documents.

 The provisions of the proposed Status of Forces Agreement between Sri Lanka and the US are almost identical for example to the USA’s SOFA with Poland. The provisions in these agreements are largely generic and can be cut and pasted from one agreement to another with minimal changes. SOFA agreements apply to US military and civilian personnel working for the US Department of Defense, and to US contractors under contract to the US Department of Defence. The agreement applies to the presence of US personnel in the host country in relation to ship visits, training, exercises, humanitarian activities, and other activities mutually agreed, said Chandraprema.

the Department of State and the Department of Defense, working together, identify the need for a SOFA with a particular country and negotiate the terms of the agreement. SOFAs may be as short as one page or in excess of 200 pages as is the case with the SOFA between the US and Germany.

 The question that the US government should ponder is why there is so much resistance in Sri Lanka to signing a SOFA agreement with the US. The first reason is that Sri Lankans in general do not see the USA as an ally or even a friend. For the most part, the US is seen as an adversary that has worked against Sri Lanka in the international arena. The few hundred million dollars that the US seems to be willing to throw in Sri Lanka’s direction is just chicken feed and the people know it.

What Sri Lanka has been getting from the US since 2009 are only criticisms and lectures on how to run our country. The US does not want to even acknowledge us as partners. In such circumstances, who in his right mind will be happy at a proposal that will give US troops a free run of this country?

The presence of US troops in this country will on the one hand seriously compromise the non-aligned tradition which has become an article of faith in this country. Then there is the very real danger that the presence of US troops on Sri Lankan soil may spark off rivalry between super powers.

 Then there is the danger that the presence of US troops in our country may fuel Islamic terrorism as well. Sri Lanka will have to go through all that for nothing in return from the US– not even a kind word let alone the kind of goodies that other countries get for doing the US similar favours, concluded Chandraprema.

AMERICA REPLIES

The US embassy in Sri Lanka turned defensive. In view of the opposition,  SOFA was given a new name, Visiting Forces Agreement (VFA).  the embassy held a press conference  n July 2019 and announced that There was no plan to establish an American military base in Sri Lanka and ongoing negotiations on the Visiting Forces Agreement (VFA), was aimed at facilitating cooperation between the two countries,. “Allegations being leveled against the proposed VFA, are blatant misinformation”, any agreement reached, would fully respect the sovereignty of Sri Lanka.

US Ambassador Alaina Teplitz also tweeted that US denied any plan to establish a US base in Sri Lanka. Teplitz in a twitter message said the negotiation on the Visiting Forces Agreement is aimed to facilitate cooperation and any agreement will respect the sovereignty of Sri Lanka.
Any agreement will fully respect the sovereignty of Sri Lanka,” she  tweeted.

In a note to the Government (a non-paper), a copy of which was seen by the Sunday Times, the US Embassy in Colombo has claimed that  the SOFA in no way would permit the United States to base forces or equipment in Sri Lanka.”

Ambassador Teplitz met the Mahanayakes of Asgiriya and Malwatte Chapters and told them that SOFA was not meant to take advantage of Sri Lanka. There hadn’t been a previous instance of a US Ambassador, or any other foreign envoy for that matter, making representations to Mahanayakes as regards security-political issues, commented analysts.

Prime Minister Ranil Wickremesinghe denied in 2019  that the new SOFA would lead to a permanent US presence on the island.”The US navy is not a fleet of fishing trawlers. They don’t need any bases in Sri Lanka,” he said.

 Wickremesinghe  told the Ceylon Chamber of Commerce in July 2019  that there is no SOFA” agreement between the Sri Lankan and US governments and neither is there any proposal to that effect forwarded by any Ministry to the Cabinet. The government has not signed any Status Of Forces Agreement (SOFA) with United States.

Wickremesinghe told Parliament ,also that the government had not signed a new Status of Forces Agreement (SOFA) with America, although discussions were ongoing. he had  informed the U.S  that his government was not agreeable to some of the conditions in the draft proposal under discussion. He stressed that regardless of the outcome of negotiations, nothing would be done to harm Sri Lanka’s sovereignty.

THE DIPLOMATIC NOTE”

Lasanda Kurukulasuriya commented  on the agreement.  She said, the SOFA under negotiation relates to a confidential Diplomatic Note from the US embassy to the foreign ministry dated 28th August 2018, said Lasanda..

 The US embassy ‘reminds the GSL’ that “as a result of these discussions the Embassy proposes that U.S. personnel be accorded the privileges, exemptions, and immunities equivalent to those accorded to the administrative and technical staff of a diplomatic mission under the Vienna Convention on Diplomatic Relations; that U.S. personnel may enter and exit Sri Lanka with U.S. identification and with collective movement or individual travel orders”..

Lasanda observes: “The Government of Sri Lanka recognizes the particular importance of disciplinary control by U.S. Armed forces authorities over U.S. personnel and, therefore, authorizes the Government of the United States to exercise criminal jurisdiction over U.S. personnel while in Sri Lanka.””…the U.S. Department of Defense and U.S. personnel shall not be liable to pay any tax or similar charges within Sri Lanka. The U.S. Department of Defense and U.S. personnel may import into, export out of, and use in Sri Lanka any personal property, equipment, supplies, material, technology, training, or services in connection with activities under this agreement. … They shall be exempt from any inspection within Sri Lanka.” .

“The Embassy proposes that vessels and vehicles operated by or, at the time, exclusively for the U.S. Department of Defense may enter, exit, and move freely within the territory of Sri Lanka. The discussions so far held between the GSL and USG in Colombo and, most recently in Washington highlighted “Aircraft and vessels of the U.S. Government shall be free from boarding and inspection.” .

The Embassy also proposes that the U.S. Department of Defense may contract for any material, supplies, equipment, and services (including construction) to be furnished or undertaken in Sri Lanka without restriction as to choice of contractor, supplier, or person who provides such material, supplies, equipment or services. Such contracts shall be solicited, awarded and administered in accordance with the laws and regulations of the Government of the United States of America. Acquisition of articles and services in Sri Lanka by or on behalf of the U.S. Department of Defense in connection with activities under the Agreement shall not be subject to any taxes or similar charges in Sri Lanka.”The Embassy proposes that U.S. personnel shall have freedom of movement and access to and use of mutually agreed transportation, storage, training, and other facilities required in connection with activities under this Agreement.” .

The Government of Sri Lanka recognizes that it may be necessary for the U.S. Armed forces to use the radio spectrum. The U.S. Department of Defense shall be allowed to operate its own telecommunication system. This shall include the right to utilize such means and services as required to ensure full ability to operate telecommunication system. The use of the radio spectrum shall be free of cost to the U.S Government. The classified diplomatic communication dated 28 August 2018 sent to the Sri Lanka Ministry of Foreign Affairs at the conclusion states that (Quote) If the foregoing is accepted to the Government of the Democratic Socialist Republic of Sri Lanka, the Embassy proposes that this note, together with the Ministry’s reply to that effect, shall constitute an agreement between the two Governments, which shall enter into force on the date of the Ministry’s reply.”

There is further information regarding the contents of the SOFA in relation to ‘contractors’ brought in by the US Department of Defense:”The Embassy further proposes that U.S. contractors shall not be liable to pay any tax or similar charge assessed within Sri Lanka in connection with activities under this Agreement and that such contractors may import into, export out of, and use in Sri Lanka any personal property, equipment, supplies, materiel, technology, training, or services in fulfillment of contracts with the U.S. Department of Defense in connection with activities under this Agreement. Such importation, exportation, and use shall be exempt from any license, other restrictions, customs duties, taxes, or any other charges assessed within Sri Lanka.””The Embassy proposes that U.S. contractors shall be granted the same treatment as U.S. personnel with respect to professional and drivers’ licenses.”

“Sri Lankan authorities shall accept as valid, without a driving test or fee, driving licenses or permits issued by the appropriate U.S. authorities to U.S. contractors of the operation of vehicles.”The US embassy has repeatedly asserted that the US has ‘no plans to establish a military base’ in Sri Lanka. But then, in recent times that’s not the approach used by the superpower in extending its military footprint. Nowadays the US gets its ‘partners and allies’ to share part of the burden of meeting shared goals. The US’s mantra of a ‘free and open Indo Pacific’ illustrates the strategy, with Japan, India and Australia asked to join in pushing back against China’s growing maritime power. Meanwhile the US finds it useful (and economical) to negotiate bilateral agreements with individual strategically located states, concluded Lasanda..

APPENDIX.

 FULL TEXT   OF DRAFT STATUS OF FORCES AGREEMENT (SOFA)

Here is the full text of the draft Status of Forces Agreement (SOFA) dated 28TH August 2018, which the Government of Sri Lanka is negotiating with the United States. (Sunday Times 30.6.19) 

 (1)   The Embassy of the United States of America presents its compliments to the Ministry of Foreign Affairs of the Democratic Socialist Republic of Sri Lanka and has the honour to refer to recent discussions between representatives of our two Governments regarding issues related to United States (U.S) military and civilian personnel identified as members of the U.S Department of Defence, respectively, hereafter referred to collectively as U.S. personnel) and U.S. contractors (defined as non-Sri Lankan companies and firms, and their employees who are not nationals of Sri Lanka, under contract to the U.S. Department of Defence who may be temporarily present in Sri Lanka in connection with ship visits, training, exercises, humanitarian activities, and other activities mutually agreed. Companies and firms, and their employees, not under contract with the U.S. Department of Defence shall not receive any privileges and exempt under this Agreement.

(2)   As a result of these discussions, the Embassy proposes that U.S. personnel be accorded the privileges, exemptions, and immunities equivalent to those accorded to the administrative and technical staff of a diplomatic mission under the Vienna Convention on Diplomatic Relations of April 18, 1961, that U.S. personnel may enter and exit Sri Lanka with U.S. identification and with collective movement or individual travel orders; that Sri Lanka shall accept as valid all professional licenses issued by United States, its political subdivisions, or States thereof to U.S. Personnel for the provision of services to authorized personnel, and that Sri Lankan authorities shall accept as valid, without a driving test or fee, driving licenses or permits issued by the appropriate U.S. authorities to U.S. Personnel for the operation of vehicles. The Embassy further proposes that the U.S. personnel be authorized to wear uniforms while performing official duties and to carry arms while on duty if authorized to do so by their orders.

(3)   The Government of Sri Lanka recognizes the particular importance of disciplinary control by U.S. Armed Forces authorities over U.S. personnel and, therefore, authorizes the Government of the United States to exercise criminal jurisdiction over U.S. personnel while in Sri Lanka.

(4)   The Embassy further proposes that the U.S. Department of Defence and U.S. personnel shall not be liable to pay any tax or similar charge assessed within Sri Lanka. The Government of the United States of America and Sri Lanka shall co-operate to take such measures as may be necessary to ensure the security and protection of U.S. personnel property, equipment, records, and official information in Sri Lanka. Such importation, exportation, and use shall be exempt from any inspection, license, other restrictions, customs duties, taxes or any other changes assessed within Sri Lanka. The Governments of the United States of America and Sri Lanka shall co—operate to take such measures as may be necessary to ensure the security and protection of US personnel, property, equipment, records, and official information in Sri Lanka.

(5)   The Embassy proposes that vessels and vehicles operated by or, at the time, exclusively for the US. Department of Defence may either, exit, and move freely within the territory of Sri Lanka, and that such vehicles (whether self-propelled or towed) shall be exempt from payment of overland transit tolls. Vessels and aircraft owned or operated by or, at the time, exclusively for the U.S. Department of Defence shall not be subject to the payment of landing fees, or port fees, pilotage charges, lighterage, and harbor dues at facilities owned and operated by the Government of Sri Lanka. Aircraft owned and operated by or, at the time, exclusively for the U.S. Department of Defence shall not be subject to the payment of navigation, overflight, terminal or similar charges when in the territory of Sri Lanka. The U.S. Department of Defence shall pay reasonable charges for services requested and received at rates no less favorable than those paid by the Armed Forces of Sri Lanka. Aircraft and vessels of the U.S. Government shall be free from boarding and inspection.

(6)   The Embassy also proposes that the U.S. Department of Defence may contract for any material, supplies, equipment, and services (including construction) to be furnished or undertaken in Sri Lanka without restriction as to choose of contractor, supplier, or person who provides such material and supplies, equipment or services. Such contracts shall be solicited, awarded and administered in accordance with the laws and regulations of the Government of the United States of America. Acquisition of articles and services in Sri Lanka by or on behalf of the U.S. Department of Defence in connection with activities under this Agreement shall not be subject to any taxes or similar charges in
Sri Lanka.

(7)   The Embassy further proposes that U.S. contractors shall not be liable to pay any tax or similar charge assessed within Sri Lanka in connection with activities under this Agreement and that such contractors may import into, export out of, and use Sri Lanka any personal property, equipment, supplies, material, technology training, or services in the fulfillment of contracts with the U.S. Department of Defence in connection with activities under this Agreement. Such important, exportation, and use shall be exempt from any licence, or other restrictions, customs duties, taxes, or any other charges assessed within Sri Lanka.

(8)   The Embassy proposes that U.S. contractors shall be granted the same treatment as U.S. personnel with respect to professional and driver’s licences.

(9)   The Embassy proposes that U.S. personnel shall have freedom of movement and access to and use of mutually agreed transportation, storage, training, and other facilities required in connection with activities under this Agreement.

(10) The Government of Sri Lanka recognizes that it may be necessary for the U.S. Armed Forces to use the radio spectrum. The US Department of Defence shall be allowed to operate its own telecommunication systems (as telecommunication is defined in the 1992 Constitution and Convention of the International Telecommunication Union). This shall include the right to utilize such means and services as required to ensure full ability to operate telecommunication systems. Use of the radio spectrum shall be free of cost to the U.S. Government.

(11) The Embassy proposes that the parties waive any and all claims (other than contractual claims) against each other for damages to, loss of, or destruction of the other’s property or injury or death to personnel of either Party’s armed forces or their civilian personnel arising out of the performance of their official duties in connection with activities under this Agreement. Claims by third parties for damages or loss caused by U.S. personnel shall be resolved by the U.S. Government in accordance with U.S. laws and regulations.

(12) Further, the Embassy proposes that this Agreement, upon its entry into force, shall supersede the Agreement regarding the status of U.S. military personnel and civilian employees of the Department of Defence who may be present in Sri Lanka for exercises or other official duties, effected by exchange of notes at Colombo, February 9 and May 16, 1995, which entered into force May 16, 1995.

(13) Finally, the Embassy proposes further that our two governments, or their designated representatives, may enter into implementing arrangements to carry out the provisions of this Agreement.

(14) If the foregoing is acceptable to the Government of the Democratic Socialist Republic of Sri Lanka, the Embassy proposes that this note, together with the Ministry’s reply to that effect, shall constitute an agreement between the two Governments, which shall enter into force on the date of the Ministry’s reply.

(15)         The Embassy of the United States of America avails itself of this opportunity to renew to the Ministry of Foreign Affairs of the Democratic Socialist Republic of Sri Lanka the assurance of its highest consideration. (END OF DRAFT AGREEMENT.)

CLAUSES EXPLAINED.

Sunday Times thereafter explained the clauses saying, the public can now decide whether the SOFA is harmless” or inimical to the national interests of Sri Lanka.   A number of these demands would impinge on Sri Lanka’s sovereignty, Sunday Times   said.

• United States personnel (troops, contractors etc) be accorded the privileges, exemptions and immunities equivalent to those accorded to the administrative and technical staff of the US Embassy. They may enter and leave Sri Lanka with US identification individually or collectively. (Note: This means they could enter Sri Lanka without Passports or Visas)
•  Sri Lanka shall accept, without a driving test or fee, driving licences or permits issued by the appropriate US authorities to US personnel. US personnel be authorised to wear uniforms whilst performing official duties and carry arms while on duty.

• Disciplinary control by US Armed Forces authorities over US personnel and, therefore, the Government of the United States to exercise criminal jurisdiction over US personnel whilst in Sri Lanka. (Note: This clearly means Sri Lankan laws do not apply to them.)
• US personnel not be liable to pay tax or similar charge assessed within Sri Lanka. The Government of the United States of America and Sri Lanka shall co-operate to take measures to protect US personnel property, equipment, records, and official information in Sri Lanka. (Note: They want the Government to protect their assets free of charge)
• Vessels and vehicles operated by or, at the time, exclusively for the US Department of Defence may either, exit and move freely within the territory of Sri Lanka. Such vehicles shall be exempt from payment of overland transit tolls. Vessels and aircraft owned or operated by or, at the time, exclusively for the US Department of Defence shall not be subject to payment of navigation, overflight, terminal or similar charges when in the territory of Sri Lanka. The US shall pay reasonable rates for services requested and received at no less favourable than those paid by the Armed Forces of Sri Lanka. Aircraft and vessels of the US Government shall be free from boarding and inspection. (Note: This is a blatant infringement of the sovereign right of a nation)
• The US Department of Defence may contract for any material, supplies, equipment and services (including construction) to be furnished or undertaken and shall not be subject to any local taxes. (Note: Makes clear that construction work would be required in Sri Lanka. What do they propose to construct?)
• US contractors will not be liable to pay any tax or similar charges. Property, equipment, supplies, material, technology training, or services in the fulfillment of contracts with the Department of Defence and use shall be exempt from any licence, or other restrictions, customs duties, taxes or any other charges assessed within Sri Lanka. (Note: This again is a blatant infringement of the sovereign right of a nation to impose taxes and ensure their rules are followed)
• The Government of Sri Lanka recognises that it may be necessary for the US Armed Forces to use the radio spectrum. The Department of Defence shall be allowed to operate its own telecommunication systems. This shall include the right to utilise such means and services as required to ensure full ability to operate telecommunication systems. Use of the radio spectrum shall be free of cost to the US Government. (Note: This simply means they will have their own radio communications network parallel to those used by the Army, Navy, Police and the Coast Guard)
• Waive any claims (other than contractual claims) against each other – and  damage or loss shall be resolved by the US Government in accordance with US laws and regulations. (Note: This is also an infringement of Sri Lanka’s sovereignty. Sri Lanka’s laws will not apply to US troops and those associated with them. For the troops and others, it would be just as good as moving around in any part of the United States)
• The US is seeking that aircraft and vessels of the US Government to be free from boarding and inspection. This means none of the state security arms, like the Navy, Coast Guard or the Customs can board any US military vessel or aircraft when it is in a Sri Lankan airport or sea port — or even vehicles on land and helicopters, an internationally accepted sovereign right of a country.
• The US is also seeking authorisation for its troops to wear uniforms whilst on duty” in any part of Sri Lanka, carrying arms and radio communications equipment. (Both in terms of the Sri Lanka Constitution and normal laws, only the armed forces and the Police are empowered to carry out this task. The only exceptions are Sri Lankans who are authorised by licence)
• The US wants exemption from licence, Customs duties, taxes and any other charges within Sri Lanka.
• Washington wants US troops and contractors to be allowed to enter and leave Sri Lanka, individually or collectively, with the use of only their US identification. This will mean they will carry no passports or visas.
• 3 party claims by us, only under US Law. They  run over one of us,  and kills, it will be under US law.
• they can do anything to our forces, our army can be killed. our movements can be restricted.  ( CONTINUED)

KAMALIKA PIERIS

ACQUISITION AND CROSS SERVICING AGREEMENT (ACSA)

The United States made an abortive bid, in 2002, to finalize an Acquisition and Cross Servicing Agreement (ACSA), formerly known as ‘NATO Mutual Support Act’, with Sri Lanka. The attempt was made after the Ceasefire Agreement was signed on Feb. 21. 2002.

Acquisition and Cross-Servicing Agreements are negotiated on a bilateral basis by the US for use in combined exercises, training, operations, or deployments and allow its forces to obtain food, fuel, transport, ammunition, and equipment, collectively termed logistical supplies. Reimbursement is in cash, or rarely, replacement in kind.

US Deputy Secretary of State Richard Armitage announced plans for ACSA after Premier Wickremesinghe met US President George W. Bush in Washington.  The ACSA was to be finalized in July 2002. Minister Milinda Moragoda, being close to the US, played a high profile role in the project. But when in Dec 2002, Ambassador Wills explored the possibility of using Sri Lankan ports and air space to invade Iraq, Foreign Minister Tyronne Fernando explained the difficulty in giving into US request and ACSA was abandoned.

 Foreign Minister Lakshman Kadirgamar, (2004-2005) on a   visit to Washington DC, ensured that the subject of ACSA not be listed on the agenda for his talks with senior leaders and officials there.

However, in the first week of March, 2007 Sri Lanka entered into ACSA with the US. Gotabhaya Rajapaksa and Ambassador Robert O. Blake signed on behalf of Sri Lanka and the US, respectively. Both were US nationals, but Gotabhaya Rajapaksa held dual citizenship. President Rajapaksa, in his capacity as the Defence Minister, authorized ACSA. The Rajapaksas never bothered to inform Parliament of the Agreement, observed Shamindra Ferdinando. They dismissed calls from the left parties to table the agreement in Parliament.

The agreement allowed the United States and Sri Lanka to transfer and exchange logistics, supplies, support, and re-fueling services, either in kind or at cost, during peacekeeping missions, humanitarian operations or joint exercises.

Specifically excluded from its coverage were weapon systems such as guided missiles, naval mines and torpedoes, nuclear ammunition and items such as warheads, warhead sections, cartridge and air crew escape propulsion system components, chaff and chaff dispensers, guidance kits for bombs or other ammunition, chemical ammunition (other than riot-control agents), any other materials, subject to the Atomic Energy Act of 1954.

There was absolutely nothing special about the Acquisition and Cross Servicing Agreement (ACSA), which Gotabaya signed, said Chandraprema. It was like so many other ACSA’s that the US had signed with other countries. The provisions of the Sri Lankan ACSA of 2007 are almost identical to those found in the ACSA signed between the US and Australia in April 2010. The difference being that in Australia, the ACSA is a public document whereas in Sri Lanka it is a top secret document. There was nothing in the 2007 ACSA that warranted the secrecy in which it was signed either.

It was the US that wanted it to be done secretly, said Chandraprema. A cable sent to the State Department by the then US Ambassador in Colombo Robert Blake, on 31 January 2007, (several weeks before the ACSA was signed) and released to the public by Wikileaks said, “On December 7, 2006, Ambassador and Office of Defense Cooperation (ODC) Chief met with Sri Lankan Defense Secretary Gotabhaya Rajapaksa to provide background information on a Acquisition and Cross Servicing Agreement (ACSA) and a the draft ACSA proposed for signature. On January 25, 2007, Secretary Rajapaksa provided concurrence to ODC Chief on the proposed agreement. Secretary Rajapaksa stated that he was ready to sign the SIPDIS agreement at anytime convenient to the U.S.

 “The US Government faces some risk that the Government of Sri Lanka might seek to exploit the signing to convey the US Government’s support for possible ongoing offensive military operations. The Embassy therefore recommends the Ambassador sign the agreement in a low-key ceremony with Secretary Rajapaksa in late February. The Sri Lankan military is presently engaged in mop-up operations against the LTTE in eastern Sri Lanka. However, the Defense Secretary and other military leaders have hinted they are considering further offensive military operations in northern Sri Lanka.

“We recommend holding off on the signing ceremony until late February when we will have a clearer idea of the Sri Lankan military’s intentions. We also do not wish to detract attention from the Sri Lankan Commission of Inquiry (on human rights) and the work of the International Independent Group of Expert Persons who will arrive in Sri Lanka the second week of February to observe the work of the Commission. Since the ACSA benefits U.S. forces transiting through the region, and since the GOSL might leak news of the signing, the Embassy proposes to have the Ambassador sign the ACSA with the Defense Secretary with a select number of photographers and no statements. The Embassy will then issue a press release following the ceremony explaining the purpose of the ACSA.”

United States, in its fierce opposition to the Eelam War had banned the sale of war items to Sri Lanka. As a result, the Sri Lanka Air Force (SLAF) could not use its US built C-130 Hercules troop transport aircraft or the Israeli built Kfir fighter jets. Israel, a strong US ally, followed Washington’s policy. Thus, the C-130 and the fighter jets were grounded for lack of spares. In 1993 when the Special (Boat) Squadron was created, the US helped and in 1996, the US military  engaged in exercises with Sri Lankan Special Forces, including the Navy’s elite Special Boat Squadron.

USA had helped Sri Lanka and Gotabaya  was right to give them a favour in return by signing the ACSA, observed Chandraprema. Ambassador Blake assured that that ACSA wouldn’t pave the way for US bases here. Having signed ACSA, Gotabhaya Rajapaksa reiterated Sri Lanka’s commitment to defeat the LTTE, militarily, in talks with top State Department official Stevan Mann, when the latter met him at the Defence Ministry.

After ACSA, Sri Lanka received valuable US support, particularly during Eelam War IV.  US provided specific intelligence on ‘floating LTTE arsenals’ to Sri Lanka on a request made by Navy Chief Vice Admiral Wasantha Karannagoda. Karannagoda’s move enabled the destruction of four LTTE vessels on the high seas, thereby hastening the collapse of the LTTE. In addition to those vessels that had been hunted down on the basis of intelligence provided by the US, the Navy hit several other LTTE ships during Eelam War IV.

Several weeks after the signing of the agreement, Karannagoda had sought a meeting with the then US defence attaché in Colombo. Karannagoda has requested for US assistance to track down the remaining LTTE vessels as the superpower was engaged in worldwide campaign against terrorism. That meeting at Karannagoda’s office led to a meeting with Ambassador Blake, also at the same venue in late May 2007.

 In late August 2007, the US provided the required information secured from a satellite to the Navy. The US verified the positioning of four vessels about two weeks later. They had been at the same position as two weeks before. In fact, the US had queried whether Karannagoda’s Navy had the wherewithal to destroy four ships so far away from Sri Lanka. Karannagoda dispatched naval task force comprising six vessels on Sept 2007 from Colombo, Trincomalee and Galle.

 Karannagoda, in his memoirs revealed how an Indian diplomat based at its High Commission in Colombo made a despicable attempt to misdirect the Navy by providing information contrary to that of the Americans.

Acting on US intelligence, the Navy destroyed three out of four LTTE vessels in the second week of Sept. 2007. The US again provided specific intelligence in late Sept. 2007 regarding the LTTE vessel that escaped during Sept. 2007 operation. The fourth vessel was destroyed on Oct 7, 2007. Although Karannagoda, made no reference to ACSA, it would be pertinent to stress that the US, perhaps reluctantly, provided critically important intelligence following the finalization of the agreement on March 05, 2007, said Shamindra.

The 2007 ACSA ended in March 2017. USA and Yahapalana entered into another ACSA signed on August 4, 2017.

Analysts have compared the 2007 and 2017 ACSAs. The 2007 ACSA was only eight pages including the cover. The 2017 ACSA was 83 pages and had over 50 annexures. The annexure gave the lists of US commands and military establishments which will be allowed the use of Sri Lanka’s airports and sea ports. These voluminous annexures carried the names and addresses of almost all US military establishments that could have a foot print or boots on the ground in Sri Lanka. The list was exclusively revealed in the Sunday Times of May 19. 

The Sunday Times said it has seen the ACSA agreement between by the US Defence Department and the Ministry of Defence. the agreement begins with a preamble which says This Agreement is designed to facilitate reciprocal logistic support between the parties (US and Sri Lanka) to be used during combined exercises, training, deployments, port calls, operations, or other co-operative efforts, or for unforeseen circumstances or exigencies in which one of the parties may have a need for Logistic Support, Supplies and Services.

 This Agreement applies to the provision of Logistic Support, Supplies, and Services from the military forces of one party to the military forces of the other Party in return either for cash payment or reciprocal provision of Logistic Support, Supplies, and Services to the military forces of the Supplying Party. For the purpose of this Agreement, the Sri Lanka Coast Guard is considered part of the military forces of the Ministry of Defence of the Democratic Socialist Republic of Sri Lanka.

Significantly, it allows every single security or military apparatus in the United States access to Sri Lanka. All those security commands are listed one by one and the Point of Contact (POC) defined. Though the agreement provides reciprocity, Sri Lanka’s Army, Navy, Air Force or Coast Guard simply have no resources to pay and use a military facility in the US. It is not required either.

The 2007 agreement was only for a period of seven years. The  2017 agreement is open ended, It says, This agreement shall remain in force unless terminated by mutual written consent of the Parties or by either Party giving not less than 180 days’ notice in writing to the other Party of its intention to terminate”   While the 2007 ACSA permitted US military vessels to enter Sri Lanka ports on a ‘one-off’ basis, the 2017 ACSA appears to be “open ended”.

Ambassador Hettiaratchchi told President Sirisena that during the negotiations for the renewal of ACSA in 2017, he was under constant pressure from Prasad Kariyawasam, Sri Lanka’s then ambassador in the US, to expedite the passage of the ACSA. Kariyawasam had made many calls to ensure the draft ACSA be concluded and placed before the Cabinet of Ministers immediately, he said. Also telephoning Hettiaratchchi periodically over the same matter, was then Foreign Minister Mangala Samaraweera.

Kariyawasam and Samaraweera had pressured him at a time when the Defence Ministry had sought the observations of the Armed Forces Commanders on the ACSA deal. The draft ACSA was rushed for approval by the Cabinet because of this pressure. It had been hurried through before a thorough study had been done by the armed forces commanders or officials well versed in the matter. Admiral Ravi Wijegunaratne had expressed serious reservations over some of the provisions in the ACSA.

Defence Secretary Kapila Waidyaratne, a former Additional Solicitor General said that he had been compelled to sign the document since the Cabinet had approved it. He was simply implementing a Cabinet decision. His predecessor, Hettiaratchchi, negotiated the ACSA but was forced to rush it through the Cabinet, even before all armed forces commanders could send in their observations. This, he said, was due to pressure from the then Foreign Minister, Mangala Samaraweera and former Foreign Secretary Prasad Kariyawasam. 

ACSA  was signed without careful examination. When told that the service chief’s responses were being awaited  before sending the ACSA to the Cabinet , President Sirisena had said ‘Ekeng mata vedak nehe. Vahaama assang karanna lesthi karanna’.   ACSA hadn’t been discussed at the Cabinet or  in Parliament. ACSA was not presented to Parliament, said Dayasiri Jayasekera.

President Sirisena’s Cabinet memorandum of June 30, 2017  in Sinhala had only a brief nine pages and no annexures. The Sinhala version of the ACSA  presented to the Cabinet,  did not contain translations of  the annexures. Due to delay in translations,  the  agreement has been sent to Cabinet without the annexures. The English version, however, had 83 pages that included the annexures.

When the ACSA with Sri Lanka was renewed in 2017, it was once again shrouded in secrecy. The Sunday Times  said that the  US Ambassador to Sri Lanka, Atul Keshap, directed that there be no media coverage or any publicity regarding the signing event. This was why there was no news release from the US Embassy in Colombo. Keshap signed on behalf of the US Department of Defence. Even for the US, therefore, the matter was one of utmost secrecy. The renewed document  has not been made public by Yahapalana either. Sri Lanka Freedom Party, among others,  said that the people should be made aware of the dangers of ACSA.

The Prime Minister said considering the current international political situation and developments, the 2017  ACSA agreement would be favorable to the country. He said extending the agreement with the U.S. will be utmost importance given the global situation today. 

The Acquisition and Cross-Servicing Agreement (ACSA) allows the United States and Sri Lanka to transfer and exchange logistics supplies, support, and re-fueling services, either in kind or at cost, during peacekeeping missions, humanitarian operations or joint exercises. The categories of allowable goods and services include food, petroleum, and transportation. The provision of weapons or ammunition is prohibited. Each nation’s forces can support the other during contingencies such as disaster relief or peacekeeping operations, which reduces the logistics requirement for each nation. 

But  others are not so happy. President of the Bar Association (BASL) Kalinga Indatissa, PC has written to Minister of Foreign Affairs Tilak Marapana, PC in June 2019, under the provisions of the Right to Information Act No. 12 of 2016 and Article 14A of the Constitution, requesting a copy of the proposed Acquisition and Cross Servicing Agreement (ACSA).

The letter said, ‘the undersigned is a citizen of Sri Lanka and the present President of the Bar Association of Sri Lanka which is the sole representative body of more than 19,000 Attorneys-at-Law in this Country. The BASL has always been concerned about matters of national importance, and matters relating to the Rule of Law and administration of justice. It has been reported in the media that the Sri Lankan Government is due to enter into an Acquisition and Cross Services Agreement (ACSA) with the United States of America.

 Considering the national importance of the said agreement  I request  you to make available a printed copy of the proposed Acquisition and Cross Services Agreement (ACSA) by virtue of Section 3(1) of the Right to Information Act No. 12 of 2016 read with Section 24 of the Right to Information Act No. 12 of 2016 and Article 14A of the Constitution of the Democratic Socialist Republic of Sri Lanka’.

In the backdrop of the ACSA, already signed and a SOFA deal pending, security companies in the US are looking for personnel in Sri Lanka, said Sunday Times. Sallyport, a US firm offers a comprehensive range of global protective, security and mission support solutions to the US Government, foreign allied governments, and a wide range of private and commercial clients. (Sunday Times 7.7.19) 

In a note to recognised Sri Lankan security companies, Sallyport  says: As a part of our Professional Services group at Michael Baker Global Services, a whole owned subsidiary of Caliburn International, the Cleared American Guard (CAG) is professionally trained to protect the security integrity of the construction site and responsible for protection of building materials, furniture, fixtures, and other items. CAGs will perform access control functions at all vehicle and pedestrian entrances to the site on a 24/7 basis throughout the construction or project period.” Sallyport has on offer jobs which are full time and hourly. Sallyport employees need to be able to stand for 8 hours, work outdoors in all seasons and lift up to 25 pounds.   ( continued)

Dr. Stanley Weeraratne.Former Professor, Ruhuna and Rajarata Universities.

Editor, Lankaweb,

I wish to refer to Mr. Bodhi Dhanapala’s piece titled Dr. Wimalawansa’s scathing attack on Sri Lanka’s superb management of Covid-19” posted on 2 Nov. 2020 in Lankaweb.

Mr. Bodhi Dhanapala (D) in his note alleges that Dr. Wimalawansa (W) tried to launch some cheap mixture of vitamins.  If Mr. D is fully aware of this mixture,  he should have indicated what these vitamins are without making false allegations. We in Sri Lanka have not come across any attempt by Dr. W to launch such a vitamin mixture.  Instead, Dr. W in his many presentations made during the last few months was highlighting the importance of Vitamin D in increasing the immunity to virus infections by getting exposed to sunlight which is freely available. In fact, in an article titled Combating COVID-19: Vitamin D the vital cog-in-the-wheel − by Saundarya Wellaboda Courtesy Ceylon Today, posted in Lanakweb as early as March 30th, 2020, Dr. Wimalawansa emphasized the importance of Vit. D  in increasing the immunity to COVID and suggested 30 to 45 minutes of daily exposure to direct sunlight between 9.30 AM and mid-day would generate an adequate amount of vitamin D to boost immunity. He did not say anything about a mixture of vitamins. If Mr.D cares to read the paper Strengthening the Immunity system with nutrients to overcome of infection written by Dr. Wimmalawansa and published in EC Endocrinology and Metabolic Research 5 (8) 1-7 2020, ,  he would realize the importance of vitamin D in increasing the immunity to infection.

Dr. W to his credit has a large number of peer-reviewed papers. The article Global epidemic of coronavirus—COVID-19: What can we do to minimize risks? European J. Biomed & Pharma Sci. (EJBPS), 7(3), 432-438, 2020.  authored by Dr W, written in January 2020,  is thought to be one of the first few publications of COVID-19 worldwide. Ref. https://storage.googleapis.com/journal-uploads/ejbps/article_issue/volume_7_march_issue_3/1584436192.pdf

During April 2020 Dr. Wimalawansa posted 48 Educational videos highlighting different aspects of Staying Healthy During V COVID-19 pandemic.

https://www.youtube.com/channel/UCgcTivH1nGwymgX_cb0V4Mg

In some of these videos, Dr. W spoke about the importance of Vitamin D. There was no mention of selling a mixture of vitamins in these videos.  I think instead of making false allegations, we should appreciate  Dr. Wimalawansa’s contribution towards controlling/preventing COVID-19 in Sri Lanka. Mr. D may not realize the importance of Dr. W’s contribution because he lives in Canada far away from Sri Lanka.

Dr. Stanley Weeraratne.

Former Professor, Ruhuna and Rajarata Universities.

අග්‍රාමාත්‍ය මාධ්‍ය අංශය

‍ලෝක පොපි මල් දින සැමරුමට සමගාමීව ශ්‍රී ලංකා සේවා මුක්ත භට සංගමය අද 2020.11.13  දින උදෑසන විජේරාමේ පිහිටි අග්‍රාමාත්‍ය නිල නිවසේ දී ගරු අග්‍රාමාත්‍ය මහින්ද රාජපක්ෂ මැතිතුමාට සංකේතාත්මකව පොපි මල පැළඳවුයේය.

ලෝකය පුරා යුද්ධයෙන් දිවි පිදූ රණවිරුවන් සිහිකිරීම උදෙසා නොවැම්බර් 11 දින ලෝක පොපි මල් දිනය සමරන අතර ඊට සමඟාමීව ශ්‍රී ලංකාවේ පවත්වනු ලබන පොපි මල් දින සැමරුම් උත්සවය කොළඹ විහාරමහාදේවී උද්‍යානයේ පිහිටි රණවිරු ස්මාරකය අභියස දී එළැඹෙන 15 දා පැවැත්වෙයි.

පොපි මල් අලෙවි කිරීමේ කටයුතු මේ වන විට ආරම්භ වී ඇත. ඉන් ලැබෙන මුදල් විශ්‍රාමික රණවිරුවන්ගේ සුබ සාධන කටයුුතුවලට වෙන්කෙරේ.

ශ්‍රී ලංකා සේවා මුක්ත භට සංගමයේ වසය අවුරුදු 60 වැඩි, වැඩිමහල් නිවාස අපේක්ෂිත විශ්‍රාමික නිලධාරීන් වෙනුවෙන් පොලොන්නරුවේ ඉදි කිරීමට නියමිත  වැඩිමහල් නිවාසය ඉදි කිරීම් කටයුතු සඳහා සහය ලබා ගැනීම, රණවිරු සුභ සාධනය වෙනුවෙන් ලොතරැයියක් ආරම්භ කිරීම, බ්‍රිතාන්‍ය රාජකීය පොදු රාජ්‍ය මණ්ඩල සේවා මුක්ත ලීගය මෙරටට එවන පොපි මල් සඳහා ශ්‍රී ලංකා රේගු බදු මුදල් ඉවත් කරගැනීම ඇතුළු ඉල්ලීම් කිහිපයක්ද මෙහිදී ඉදිරිපත්විය.

ඒ පිළිබඳව අවධානය යොමු කළ අග්‍රාමාත්‍යතුමා අදාළ අංශවලට ඒ සම්බන්ධයෙන් උපදෙස් දෙන බව කියා සිටියේය. මුදල් අමාත්‍යංශ ලේකම් එස්.ආර්.ආටිගල මහතා දුරකථනය ඔස්සේ සම්බන්ධ කර ගනිමින් පොපි මල් සඳහා ශ්‍රී ලංකා රේගුව විසින් අය කරනු ලබන බදු මුදල් ඉවත් කර දීම සම්බන්ධයෙන් ද අග්‍රාමාත්‍යතුමා ඒ මොහොතේදීම සාකච්ඡා කළේය.

මෙම අවස්ථාවට ශ්‍රී ලංකා සේවා මුක්ත භට සංගමයේ සභාපති මේජර් ජනරල් උපුල් පෙරේරා (විශ්‍රාමික) ශ්‍රී ලංකා සේවා මුක්ත භට සංගමයේ, උප සභාපති (යුද්ධ හමුදා) මේජර් ජෙනරාල් මහින්ද අඹන්පොල (විශ්‍රාමික) ශ්‍රී ලංකා සේවා මුක්ත භට සංගමයේ මහ ලේකම් ලුතිනන් කර්නල් අජිත් සියඹලාපිටිය (විශ්‍රාමික), 2020 පොපි මල් කමිටුවේ සභාපති ගෘෘප් කපිතාන් කුමාර කිරින්ද මහත්වරු ඇතුළු පිරිසක් එක්ව සිටියහ.

සමස්ත ලංකා හෙද සංගමය

ගරු සෞඛ්‍ය අමාත්‍ය පවිත‍්‍රා දේවී වන්නිආරච්චි මහත්මිය
සෞඛ්‍ය හා දේශීය වෛද්‍ය අමාත්‍යංශය,
කොළඹ – 10.

මහත්මියනි,

#කොරෝනා වසංගතය හා දැඩි හෙද හිගය නිසා කොළඹ ද සොයිසා කාන්තා රෝහලේ හෙද නිලධාරිනියන් මුහුණ දී ඇති අනතුරුදායක තත්වය සම්බන්ධවයි.

දීර්ඝ කාලයක සිට පවතින දැඩි හෙද හිගයට සෞඛ්‍ය අමාත්‍යංශයෙන් නිසි විසදුම් නොලැබීමත්, අද වනවිට බරපතල ලෙස බස්නාහිර පලාත පුරා පැතිර යන #කොරෝනා වසංගතයත් හේතුවෙන් කොළඹ ද සොයිසා කාන්තා රෝහලේ සේවය කරන හෙද කාර්ය මණ්ඩලය දැඩි සේ පීඩාවට පත්ව ඇත. මෙම තත්වයත් දිනපතා රෝහල් ගත වන මව්වරුන් ප‍්‍රමාණය වැඩි වීමත් නිසා හෙද කාර්ය මණ්ඩලයට රෝගී සත්කාර කටයුතු පවත්වාගෙන යාමේදී බරපතල දුෂ්කරතා ගණනාවකට මුහුණදීමට සිදුව ඇත.

රෝහල පවත්වාගෙන යාමට අවශ්‍ය හෙද නිලධාරීන් ප‍්‍රමාණය 335 ක් ලෙස ගණනය කර තිබුනද රෝහලේ සිටිනුයේ 264 ක හෙදියන් සංඛ්‍යාවක් බවත්, එයින්ද සියයකට ආසන්න පිරිසක් #කොරෝනා වසංගත තත්වය හා වෙනත් විවිධ හේතු නිසා සේවයට නොපැමිණෙන බවත් වාර්තා වේ.

හෙද කාර්ය මණ්ඩලයෙන් කොටසකට විශේෂ නිවාඩු ලබාදී කොටසක් පමණක් සේවයේ යොදවන ලෙසට සෞඛ්‍ය අමාත්‍යංශය රෝහල් ප‍්‍රධානීන්ට චක‍්‍රලේඛ නිකුත් කර තිබුනද අවම තරමින් එම චක‍්‍රලේඛයෙන් ගර්භනී හා කුඩා බිළිදුන් සිටින හෙදි නිලධාරිනියන් සදහා ලබාදී ඇති සහනයන් හෝ ලබාගැනීමට ඔවුන්ට නොහැකි වීමෙන් කාන්තා රෝහලක් තුලම කාන්තා හෙදි නිලධාරීන් විශාල ප‍්‍රමාණයක් පීඩාවට පත්ව සිටී.

මේවනවිට හෝමාගම, මුල්ලේරියාව වැනි රෝහල්වල මාතෘ ඒකක වසා දමා ඇති බැවින් ප‍්‍රදේශයේ විශාල රෝගීන් ප‍්‍රමාණයක් සොයිසා කාන්තා රෝහල වෙත පැමිණේ. හෙද හිගයක් මධ්‍යයේ වූවද මෙම රෝහලේ හෙදි නිලධාරිනියන්ට මුල්ලේරියාව සහ නෙවිල් ප‍්‍රනාන්දු රෝහල්වල #කොරෝනා වාට්ටුවල සේවය කිරීමට සිදුව තිබීම තත්වය තවත් බරපතල කරවන්නකි.

වසංගත තත්වය වර්ධනය වන අවස්ථාවක සොයිසා කාන්තා රෝහලෙන්ද #කොරෝනා රෝගීන් වාර්තාවන පසුබිමක අවශ්‍ය කායික හා මානසික විවේකයකින් තොරව අඛණ්ඩ සේවා මුරවල නිරත වීමට සිදුවන තත්වයක සොයිසා කාන්තා රෝහලේ හෙද කාර්ය මණ්ඩලය දැඩි අනතුරක පසුවන බව ඔබතුමියට පෙන්වා දීමට කැමැත්තෙමු.

බාහිර සමාජයට වාර්තා නොවන ලෙස සොයිසා රෝහලේ තත්වය සඟවා තිබුනද වසංගතය දිනෙන් දින වර්ධනය වන තත්වයකදී රෝහලේ සේවය කරන හෙද කාර්ය මණ්ඩලයේ ආරක්ෂාව පිළිබදව වෘත්තීය සමිතියක් ලෙස අප සංගමයට නිහඩව සිටිය නොහැක.

එබැවින් සොයිසා කාන්තා රෝහලට මේ මොහොතේ අවශ්‍ය යැයි කියන හෙදි නිලධාරීන් ප‍්‍රමාණය වන 50 ක ප‍්‍රමාණය ලබාදෙමින්, අනෙකුත් රෝහල්වල හෙද කාර්ය මණ්ඩලවලට කොරෝනා වසංගතය වෙනුවෙන් ලබාදී ඇති විශේෂ නිවාඩු හා වරප‍්‍රසාද මෙම රෝහලේ හෙදියන්ටත් ලබාදී ඔවුන් #කොරෝනා ආසාදිතයන් බවට පත්වීමේ අනතුරින් ගලවා ගැනීමට අවශ්‍ය කඩිනම් පියවර ගන්නා ලෙස වගකීමෙන් යුතුව ඉල්ලා සිටිමු.

ස්තූතියි.

මෙයට,
එස්. බි. මැදිවත්ත
ප‍්‍රධාන ලේකම්,
සමස්ත ලංකා හෙද සංගමය.

සම්බන්ධීකරණය – 071 8616645
Coordinating – +94 71 8616645

පිටපත්
01. සෞඛ්‍ය ලේකම් වෛද්‍ය එස්. එච්. මුණසිංහ මහතා (අ.ක.ස)
02. සෞඛ්‍ය සේවා අධ්‍යක්ෂ ජනරාල්තුමා (අ.ක.ස)
03. රෝහල් අධ්‍යක්ෂතුමිය – ද සොයිසා කාන්තා රෝහල (දැ.ස)
04. විශේෂ ශ්‍රේණියේ හෙද නිලධාරීතුමිය (දැ.ස)

Senaka Weeraratna

The Rights of Human Beings (Human Rights) and the Rights of Sentient Beings (Siyalu Sathwayo) are two different concepts. 

The Abrahamic religions place a heavy emphasis on Human Rights to the almost total exclusion of any moral attention being given to the rights and interests of other sentient beings.

Buddhism, in contrast, together with other Dharmic religions such as Jainism, adopt a more inclusive approach. Buddhism accepts the claims of non – human beings for just and fair treatment, call on all adherents to extend compassion and loving – kindness to animals, and where ever a Buddhist Social Order prevails, living beings become the subjects of the State with acceptance of a concomitant State Responsibility for the welfare of Animals. 

A striking example of the difference in approaches is the recent cull of 17 million Mink animals in Denmark. 

It is a Holocaust in every sense of the word, except that the species are different. No moral voices have been raised so far to spare  the lives of these innocent animals, who are kept in small cages from birth till they are slain for the fur industry.

The fur industry is cruel. More than 50 million animals are raised and brutally killed for use in fashion every year. Methods employed to kill animals for their fur include gassing, electrocution, and neck breaking, and many are skinned alive. Buying even the tiniest amount of fur trim supports the cruel fur industry. 

Mink animals spend their entire lives in filthy cramped cages, deprived of the ability to engage in natural behaviors. Furthermore, the highly congested, squalid conditions are fertile ground for epidemics such as the bird flu. The COVID – 19 spread to the humans through the wet markets in China.

 The failure of the world leaders and mainstream media to raise their moral voices with the Danish authorities to spare the lives of these innocent animals, is a clear example of the wide gulf that exists today between opinion makers and the Buddhist teachings that unequivocally extend protection to all living beings.

By Barry Eichengreen Courtesy Ceylon Today

Presidential transitions are never easy, especially when they involve an incumbent President defeated at the polls. But this time the transition occurs in the midst of an unprecedented crisis. The incumbent refuses to acknowledge the vote as a rejection of his policies and has a visceral dislike for the President-elect, who he accuses of dishonesty and dismisses as too frail to assume the duties of office. He tars his successor as a socialist, an advocate of policies that will put the country on the road to ruin.

The year was 1932, and the transition from Herbert Hoover to Franklin D. Roosevelt occurred in the midst of an unparalleled economic depression and banking crisis. The outgoing President, Hoover, had an intense aversion to his successor, whose incapacity of concern was not any lack of mental acuity, but rather Roosevelt’s partial paralysis. He called FDR a chameleon on plaid” and accused him of dealing from the bottom of the deck.” In his campaign and subsequently, Hoover insinuated that FDR’s socialistic tendencies would put the country on a march to Moscow.”

Back then, the interregnum lasted four months, during which the lame-duck President and Congress did little if anything to address the ongoing crisis. Bank runs and panics were spreading contagiously, forcing one State Governor after another to shut down their banking systems. But Hoover refused to declare a bank holiday unilaterally. By the time FDR was inaugurated in March 1933, the banking system and the entire economy were virtually at a standstill.

Hoover was aware of the crisis. But he was ideologically opposed to Federal Government intervention. And he was righteously convinced of his views.

We can now expect similar behaviour from America’s lame-duck President, Donald Trump. Out of ideology and pique, he seems likely to refuse to do anything about the rampaging coronavirus. The question is how far he will go to impede President-elect Joe Biden’s efforts to address it upon taking office. Will Trump prohibit members of his coronavirus task force and other appointees from briefing the transition team? Will he withhold information about Operation Warp Speed, the Government’s effort to produce a COVID-19 vaccine?

Hoover, seeing no need for new policies, did everything in his power to limit the incoming President’s options. A believer in the sanctity of the gold standard, he asked FDR to issue a statement supporting its maintenance as a way of bolstering confidence. He encouraged the President-elect to endorse, and even recommend, members of the Hoover-appointed US delegation to the international conference slated to discuss European war debts and worldwide restoration of the gold standard.

Danger of tying his own hands 

FDR recognised the danger of tying his own hands and refused to commit before taking office. When the President-elect rebuffed him, Hoover angrily released copies of their communications, inflaming public opinion.

Similarly, we can expect Biden to reject Trump’s entreaties – if there are any – and to avoid commitments that limit his room for policy manoeuvre. But Trump has already constrained him in other ways. In particular, Trump’s judicial appointees will challenge the new President’s effort to make policy through Executive order and regulatory directive. Meanwhile, efforts to advance legislation and confirm nominees to administrative positions are likely to be frustrated by Senate Majority Leader Mitch McConnell, assuming no further electoral surprises from Georgia (a State Biden appears to have won where run-off elections for two Senate seats will be held in January).

The transition from Hoover to Roosevelt took place at a dangerous time. Spontaneous political mobilisations of all kinds were on the rise. A Bonus Army of more than 43,000 World War I veterans and their families had descended on Washington, DC, in mid-1932, demanding payment of their veteran’s service certificates. They were violently dispersed, with loss of life, by the Washington Police and the US Army under General Douglas MacArthur. That episode played no small part in Hoover’s electoral defeat (an outcome that might have served as a warning to Trump, who similarly called in troops to disperse demonstrators).

In addition, there were protests, some violent, against foreclosure auctions taking place on courthouse steps around the country. There was growing popular support for extremist politicians such as Louisiana’s Huey Long. Hardship, unemployment, and economic hopelessness formed the backdrop against which Giuseppe Zangara, an unemployed bricklayer with physical and mental problems and extreme anti-system views, attempted to assassinate Roosevelt 17 days before the inauguration.

There are two lessons here. The President-elect and those around him need to take extra precautions for their personal safety, given the inflamed political climate and Trump’s ongoing efforts to fan the flames. And Biden now, like FDR then, must reiterate his message of hope and unity as an antidote to the coronavirus and political division. 

In 1933, it was fear itself” that Americans had to overcome. Today, when it is fear of each other that Americans must overcome, Biden’s affirmation that there are no red or blue States, just the United States” is a good start.

Barry Eichengreen is Professor of Economics at the University of California, Berkeley and a former Senior Policy Advisor, at the International Monetary Fund. His latest book is The Populist Temptation: Economic Grievance and Political Reaction in the Modern Era. 

(Courtesy-www.project-syndicate.org)

By Padraig Colman Courtesy Ceylon Today

Part 1

I was moved to tears watching John McCain’s concession speech of 2008 when Barack Obama won the presidency. Such dignity compared with Trump’s mean-spirited crassness. However, McCain lost me when he went on about American democracy being the envy of the world. Biden has been coming out with the same old guff.Joe Biden said: Democracy is sometimes messy; it sometimes requires a little patience as well but that patience has been rewarded now for more than 240 years with a system of governance that’s been the envy of the world.” Let us look more closely at what Americans delude themselves is enviable.

Simpler Democracy in Sri Lanka

The November 2019 Presidential Election in Sri Lanka was fairly straightforward. There were 35 contenders but it was essentially a fight between two main candidates. The people were choosing between those two and 52.25 per cent voted for Gotabaya Rajapaksa. He thus became President because a majority of the electorate voted for him. Simple.

Because of the Electoral College, among other factors, it is not so simple in the USA. In 2016, nearly three million more people voted for Hillary Clinton than voted for Donald Trump. You may have noticed that Trump became President and is now determined to stay on even though it is clear that more people voted for Joe Biden. In the nationwide popular vote, Biden has more votes than any other Presidential candidate in US history.

The Electoral College

In Sri Lanka the people vote directly to choose their President. In that beacon of democracy called the USA, the people do not directly choose their President. The US President is not chosen by the 233.7 million eligible registered voters. The President is chosen by the 538 individuals who make up a strange institution called the Electoral College. The electorate is voting for people called electors. People in all 50 states vote in November and those decisions are conveyed to the electors. The electors meet in mid-December to cast the official ballot for President.

Each state is allotted a fixed number of votes in the Electoral College, based roughly on the size of its population. Electors are generally chosen by the party but each state determines for itself how it chooses electors. Whoever wins the popular vote in a state also wins all of that state’s electoral votes – with two exceptions being Maine and Nebraska, which divide up their electoral votes partly on the basis of who wins the popular vote.

Each state must have at least one representative and there can only be 435 members of the House of Representatives. Because of the way those available seats are divided up, certain states have fewer representatives per person than in other states. For example, each of the 53 representatives in the House from California represents roughly 746,415 people. In Wyoming, that number drops to 577,737 for their one representative.

There is no Constitutional provision or federal law that requires electors to vote according to the results of the popular vote in their states but throughout the nation’s history, more than 99 per cent of electors have voted as pledged. A Republican governor could go rogue and submit his state’s votes for Trump. Or a Democratic governor could do the same for Biden regardless of the actual result. The Republican-controlled Florida legislature considered submitting its own electors in 2000 before the Supreme Court ended the contest between Bush and Gore. The Electoral College distorts US politics, encouraging Presidential campaigns to concentrate their efforts in a few states that are not representative of the country as a whole. The Eurovision Song Contest voting system seems much more rational.

George Mason of Virginia was one of three delegates to the Constitutional Convention of 1787 who refused to sign the Constitution. He said, It would be as unnatural to refer the choice of a proper candidate for Chief Magistrate to the people, as it would be to refer a trial of colours to a blind man.” Founding Father Alexander Hamilton wrote:A small number of persons, selected by their fellow-citizens from the general mass, will be most likely to possess the information and discernment requisite to such complicated [tasks].”In 1787, the Founding Fathers worried that the people might elect a demagogue and set up the Electoral College to prevent this. In 2016, a demagogue with 3m fewer votes than the losing candidate became President thanks to the Electoral College. Trump had an advantage in states with smaller populations and an advantage in the Electoral College. The system of checks and balances was not built to hinder someone like Trump.  

In its first major failure, the Electoral College produced a tie between Thomas Jefferson and  Aaron Burr (who killed Alexander Hamilton in a duel in 1804 and was charged with reason in 1807). There have been five Presidential elections in which the successful Presidential candidate did not win a majority of the popular vote. In 1824, Andrew Jackson polled 152,901 popular votes to John Quincy Adams’s 114,023; in 1876, there was no question that Democrat Samuel J. Tilden outpolled Republican Rutherford B. Hayes in the popular vote, with Tilden winning 4,288,546 votes and Hayes winning 4,034,311. Hayes was known for the rest of his career as His Fraudulency”; in the 1888 election, incumbent President Democrat  Grover Cleveland received 90,596 more votes than his challenger Benjamin Harrison but  only won 168 Electoral College votes to Harrison’s 233; in 2000, Democrat Al Gore received 48.38 per cent of the popular vote (50,999,897) compared to George W Bush’s 47.87 per cent (50,456,002).

Three Fifths of a Man

Delegates to the Constitutional Convention from the slaveholding south had their own reasons for not wanting the President to be directly elected by the people. There were roughly equal number of people living in the north and the south; however, one-third of those living in the South were slaves. There was no way they were going to be given the vote but the south would be at a disadvantage if they were not counted. The population number would determine a state’s number of seats in the House of Representatives and how much it would pay in taxes. The compromise proposed by delegate James Wilson was three out of every five slaves would be counted as people, giving the southern states a third more seats in Congress and a third more electoral votes than if slaves had been ignored, but fewer than if slaves and free people had been counted equally.

The compromise gave the slaveholder Thomas Jefferson an advantage over his opponent, the incumbent President and abolitionist John Adams. To quote Yale Law’s Akhil Reed Amar, the third President metaphorically rode into the executive mansion on the backs of slaves.” 

Under the Electoral College, black votes are submerged. Five of the six states whose populations are 25 percent or more black have been reliably Republican in recent Presidential Elections, even though that goes against normal black voting patterns. Three of those states have not voted for a Democrat in more than four decades. 

There are other ways in which the US system is rigged against democracy. More on that next week.

Yohan Perera and Ajith Siriwardana Courtesy The Daily Mirror

Rapid Antigen test cannot be conducted until the Health Ministry issues guidelines on how to use the test kits, State Minister Prof. Channa Jayasumana told Parliament yesterday.    

The Minister who was speaking during the adjournment debate in the House said that the test kits would be allowed to be used only after the ministry issues guidelines. The allegation made by former Health Minister Rajitha Senaratne that Rapid Antigen test kits are being used without Health Ministry validation. This allegation is wrong,” Mr. Jayasumana said.   

The government was compelled to expedite the tender process for the procurement of Rapid Antigen test kits as there is a public health emergency in Sri Lanka” he added. 

 There is no connection between Rapid Antigen and Rapid Antibody tests as the former is a test done to identify whether a person carries the COVID-19 virus within their bodies whereas Rapid Antibody tests is not used to identify patients,” he also said.   

Dr. Senaratne earlier said both Rapid Antigen tests and Rapid Antibody tests should go together as both tests are necessary to determine whether a person is vulnerable when it comes to infecting others. He reiterated that the Rapid Antigen test is being used in hospitals without the approval of the Technical Evaluation Committee which is going through tender applications and without the guidelines of the Health Ministry.      

Courtesy Adaderana

The public sector has not yet purchased any Rapid Antigen Test kit, which is used in the diagnosis of respiratory pathogens, says Pharmaceutical Production, Supply and Regulation State Minister Prof. Channa Jayasumana.

He made this remark during today’s parliamentary session, responding to the accusations on irregularities during the tendering process.

The World Health Organization has included Rapid Antigen Tests and Nucleic Acid Tests in its Emergency Use Listing In vitro diagnostics (IVDs) Detecting Covid-19, he said further.

We have been performing PCR tests for diagnosing novel coronavirus so far, however, the Rapid Antigen Test is not a substitute for PCR tests. This is a test developed for diagnosing a large number of people within a short period of time.”

Various parties had been stressing on the use of Rapid Antigen Tests for several months, but the WHO included it in its Emergency Use Listing (EUL) several weeks ago, authorizing two manufacturers – SD Biosensor, Inc and Abbot Rapid Diagnostics Jena GmbH – he said further.

Continuing, he said, the WHO has mentioned that the EUL listing can be leveraged by other international, regional and national procurement agencies and that the product will be eligible for procurement for one year.

The Epidemiology Unit recommended the procurement of Rapid Antigen Test Kits by the public sector on the 27th of October, he added, quoting the Director of Medical Supplies Division (MSD), With the current level of the disease reported in Sri Lanka, the estimated quantity will be 250,000 tests per month. In this context, the requirement for the next three months along with the 2 months for the stock, would be 1.25 million tests. This forecast is based on the current status of the disease in the country.”

The Secretary to the Health Ministry, Dr. Sanjeewa Munasinghe had held discussions with the WHO on several occasions regarding the procurement of Rapid Antigen Test Kits for Sri Lanka, the state minister stated. However, we were informed that it would take more than two weeks.”

Dr. Munasighe subsequently made arrangements to procure 200,000 tests kits through the WHO office in India, Prof. Jayasumana said adding that the Asian Development Bank also agreed to assist the procurement of 300,000 test kits.

This is why the tendering process was commenced to procure the required test kits through the private sector.”

Accordingly, the Medical Supplies Division had informed the State Pharmaceuticals Corporation (SPC) of the emergency procurement and upon receiving the relevant instructions, tenders were called for the purchase of test kits and all members of Association of Pharmaceutical and Medical Facility Suppliers were informed about it, Pof. Jayasumana explained.

As the notice for procurement was published in the official website of the SPC, 29 companies had placed bids, he added. The tendering process was opened on the 2nd of November at 2.30 pm.”

Taking into account the prevailing situation in the country, the government opted for emergency procurement as the usual procedure takes up several weeks, the state minister went on to explain.

After opening the tendering process, the bids are referred to the technical review committee, he said. The committee’s evaluation is still underway.”

The government has not awarded the tender to any company as of yet, Prof. Jayasumana stressed, noting that the state sector has not purchased any Rapid Antigen Test Kits so far.

Courtesy Adaderana

India has told the United Kingdom that the ban of LTTE or Liberation Tigers of Tamil Eelam should continue.

New Delhi has shared information” as to why the ban should remain on the group that was responsible for the 30-year long insurgency in Sri Lanka but also the assassination of former Indian Prime Minister Rajiv Gandhi and Sri Lankan President Ranasinghe Premadasa.

The development comes after Britain’s Proscribed Organisations Appeal Commission (POAC) in October removed terror tag from the group.

Earlier on Tuesday, in response to a WION question, Acting British High Commissioner to India Jan Thompson on if India has raised the issue said, Can’t comment on individual conversations we had. But we had detailed discussion on a range of issues including around this type of issue with Indian govt in a different format”.

The decision of the POAC comes after an appeal was filed in May 2019 by an LTTE front organization that challenged the decision of the UK Secretary of State for Home Affairs. The decision had refused the application to de-proscribe LTTE from the list of Proscribed Organizations under the UK Terrorism Act of 2000.

Sri Lanka had protested against the development and has filed an appeal against the judgement of the POAC on the delisting of LTTE as terror organization.

In a release, the Sri Lankan foreign ministry said, Government of Sri Lanka has sufficient evidence to prove that the remnants of the LTTE and groups aligned with its terrorist ideology are active in foreign countries, working to incite violence and destabilize the country.”

Explaining, Sri Lanka remains vigilant of threats to its national security as well as that of the region, and will always support members of the international community in the global fight against terrorism.”

The UK had listed LTTE as a terror outfit in 2000. The British Home Secretary will make the final decision on its listing.

-Agencies

Courtesy Adaderana

The UN Resident Coordinator in Sri Lanka, Ms Hanaa Singer has directed a letter to Prime Minister Mahinda Rajapaksa, reiterating the concerns of the United Nations with the existing Ministry of Health guidelines, which stipulate cremation as the only method for the disposal of bodies suspected of COVID-19 infection.

She stresses that the common assumption that people who died of a communicable disease should be cremated to prevent spread is not supported by evidence.

World Health Organization (WHO), in its interim guidance on the Infection prevention and control for the safe management of a dead body in the context of COVID-19”, has noted that based on current knowledge of the symptoms of COVID-19 and its main modes of transmission (droplet/contact), the likelihood of transmission when handling human remains is low, Singer said further.

The UN Resident Coordinator says she has received impassioned appeals” from within and outside the Muslim community that perceive the current policy on burials as discriminatory.

She went on to point out that disallowing burials is having a negative effect on social cohesion” and that it can adversely impact the measures for containing the spread of the virus as it may discourage people to access medical care when they have symptoms or history of contact.

Singer is hopeful that the Government of Sri Lanka would revise the existing policy in order to allow the safe and dignified burial of COVID-19 victims.

UN Resident Coordinator’s letter to the Prime Minister is produced below:

Honourable Prime Minister Mahinda Rajapaksa,

Allow me to reiterate the solidarity of the United Nations with the people of Sri Lanka in these challenging times marked by the COVID-19 emergency. Please be assured that the United Nations and its specialized agencies, funds and programmes will continue providing support on the management of the epidemic.

Across the world, the safe and dignified handling of those patients whose life has been tragically claimed by this virus has been an important part of the COVID-19 response.

I am following with encouragement recent media reports that the current prohibition of burials of COVID-19 victims in Sri Lanka could be revisited shortly. In this context, I wish to take the opportunity to reiterate the concerns of the United Nations with the existing Ministry of Health guidelines, which stipulate cremation as the only method for the disposal of bodies suspected of COVID-19 infection.

The World Health Organization, in its 24 March 2020 and subsequent updated interim guidance on 4 September 2020 on the Infection prevention and control for the safe management of a dead body in the context of COVID-19”, notes that based on current knowledge of the symptoms of COVID-19 and its main modes of transmission (droplet/contact), the likelihood of transmission when handling human remains is low. The common assumption that people who died of a communicable disease should be cremated to prevent spread is not supported by evidence. Instead, cremation is a matter of cultural choice and available resources. According to World Health Organization guidance, people who have died from COVID-19 can therefore be buried or cremated according to local standards and family preferences, with appropriate protocols for handling the body.

In the same context, I deem it important to inform you that I have received impassioned appeals from within and outside the Muslim community that perceive the current policy on burials as discriminatory. Against this background, I fear that not allowing burials is having a negative effect on social cohesion and, more importantly, could also adversely impact the measures for containing the spread of the virus as it may discourage people to access medical care when they have symptoms or history of contact.

I recognize that during epidemics, for reasons of public health, Governments often need to take difficult and at times unpopular measures. However, in this case, the negative consequences of not allowing burials seem to outweigh any potential epidemiological benefit. Considering the evidenced-based guidance of the World Health Organization, as well as the commitments of the Government of Sri Lanka to respect and uphold the rights of all communities, I, therefore, express my hope that the existing policy be revised so as to allow the safe and dignified burial of COVID-19 victims.

The United Nations avails itself of this opportunity to renew its highest consideration to the Government of the Democratic Socialist Republic of Sri Lanka and stands ready to provide any relevant support on this matter.

Courtesy Hiru News

Another 270 have tested positive for Covid-19. All are close contacts of identified patients.

Another 198 had also tested positive for Covid-19 today taking the daily total to 468

 

Courtesy Hiru News

Another 05 COVID- 19, deaths have been reported (4 males & 1 female) increasing COVID- 19, death toll in Sri Lanka to 53.

Five more corona virus deaths have been reported in Sri Lanka.
An 83 year old female residing in Colombo 14. Died at home.
2. A 68 year old male had died in hospital, a resident of Chilaw.
3. A 69 year old male had died on admission to hospital, a resident of Ratmalana.
4. A 78 year old male had died at home, a resident of Colombo -13.
5. A 64 year old male had died at home, a resident of Colombo -13.

Courtesy Hiru News

The Colombo district has been the most affected by the coronavirus pandemic in Sri Lanka.

The total number of infected people reported from the Colombo district since October 4 has increased to 4,640.

More than 3,600 have been reported from the Colombo Municipal Council area.

Modera, Mattakkuliya, Maligawatta, Mahawatta and Jampettah Street have been identified as extremely high risk areas in Colombo.

The number of infected persons identified in those areas alone has exceeded one thousand while the number of infected persons reported from Jinthupitiya area is around 800.

In addition, a significant number of cases have been reported from Borella, Dematagoda, Wellawatte and Kirulapone areas.

Despite the high risk situation, the public continues to ignore health regulations.

During PCR tests more than five percent of infected persons have been identified in the city of Colombo.

Meanwhile, an infected person has been identified from a five star hotel in Colpetty. The hotel management said in a statement that it had temporarily closed the fitness center after a member of the fitness center was identified with coronavirus infection yesterday.

Courtesy Hiru News

The police have stated that special investigation has been launched to track down individuals who have posted false photos of dead bodies claiming they have died on the roadside due to COVID-19.

Police Media Spokesperson DIG Ajith Rohana stated the above while participating in a media briefing held in Colombo.

By K. Sakyi-Addo Africa News Network (ANN).

A seasoned Ghanaian journalist decided to cover today’s US.election like the Western media tends to cover elections in Africa:
Millions of American tribesmen and women are voting today to elect a president and lawmakers. 
Two white tribal elders are contesting to rule the Covid-ravaged wheat-exporting former British colony for the next four years. They are the incumbent Donald J. Trump of the ruling Republican Party and Joseph R. Biden of the opposition Democratic Party, both in their seventies.

Due to the levels of illiteracy, candidates are represented on the ballot by animals, the elephant for the Republicans and a braying donkey for the Democrats.

Over 230,000 people have died of covid, more than any country in the world, leading to widespread poverty and joblessness unseen in the vast country in a century.

Millions are dependent on food rations, homelessness is rife, and open defecation common in some provincial capitals.

As temperatures drop, the homeless sleep on cardboards and are warmed by steam rising from underground sewers at night. By day, they live off coins tossed their way by European and African tourists.

Some voters received assorted food packs from the ruling party suspected by the opposition to be in exchange for votes.

In parts of the province of South Dakota, children travel tens of km every day to attend the nearest school, with many barely aware of a world beyond their homestead and school playground.

Mr. Trump who is neither a believer in God nor science, earlier this year promoted drinking cleaning detergents to the country’s 330 million citizens as the means to fight covid.  Some mountain village tribesmen heeded his advice and required emergency medical care.
It is unclear which brand of bleach Mr. Trump,  his wife, son and courtiers drank when they were infected with the deadly disease in October. 

Some insiders are certain Mr. Trump, believes the earth is flat.  He also believes opposition leader Biden belongs to a cult whose members sleep with children for juju.

Trump is a close friend of North Korean leader Kim Jong-Un with whom he publicly exchanged crude insults earlier in his term. Some observers believe the American leader envies Kim’s god-like status among his people and aspires to a similar grip on Americans.

The opposition have accused him of packing his administration with Trump clansmen and women and in-laws.

The country has a curious system of democracy adopted in 1788 in which candidates are sometimes elected with vastly fewer votes. In 2016, Mrs. Hillary Clinton, an elder from the former ruling Democratic Party had three million more votes than Mr. Trump, but was declared the loser much to the bewilderment of democracy watchers elsewhere in the world.  She would have been the first woman to lead the country in more than 200 years.

Tension has been high in the run-up to the polls with armed gangs, such as the Proud Boys militia, threatening to reject the results should their candidate lose.

Some tribal militiamen were caught recently plotting to abduct the head of Michigan province and stage a military coup.

Over the weekend, members of the opposition accused gun-totting, flag-waving ruling party supporters from the Texan tribe of trying to push their candidate’s vehicle off a cliff.

Earlier this year, dozens of towns across the country witnessed riots sparked by discrimination against black tribespeople. Their ancestors were shipped from west Africa in their millions over a four hundred year period to work as slaves on cotton plantations. 

In May this year, George Floyd, a Black tribesman from the province of Minnesota, was killed in broad daylight by a policeman from the white tribe who knelt on his neck until his last breath left him as people watched. He is now out on bail. Another who shot a black tribeswoman dead in her own bed at home was not even indicted, leading to further riots.

Members of the minority black tribe were counted only as a three-fifths human in the 18th century and got the full right to vote in 1965.

A black armed militia known as NFAC has also emerged saying they are ready to fight the white tribes.

Thousands of shops have been boarded up with plywood and markets closed for fear of post-election unrest.

African analysts believe the African Union or Ecowas should send observers to watch the polls to ensure they are free and fair.

It is not known whether the UN has taken measures to parachute peacekeepers in, should civil war break out in the increasingly isolated territory.

K. Sakyi-Addo, African News Network.

පාලිත ආරියරත්න

ගරු ජනාධිපතිතුමනි,

මේ කරන්නේ කාරුණික ඉල්ලීමක් ආගමික අන්තවාදී ඉල්ලීම්වලට මුලානොවන්න

ඇමෙරිකා එක්සත් ජනපදයේ පවා කොවිඩ් වසංගතය නිසා සිදුවූ මරණ අතරින් 230,000 කට වඩා මරණ සිදුවී ඇත්තේ ආගමික අන්තවාදීන් විසින් රාජ්‍ය පරිපාලනය ඉවතලා අත්තොනෝමතික ලෙස ඇතැම් ආගමික නායකයින් සහ ඔවුන්ගේ අනුගාමිකයන් මෙම භයානක වසංගතය පිටුපස ඇති විද්‍යාවට අවනත නොවීම හේතුවෙනි  – හෙන්රි මහතා…

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ආචාර්ය මෙතිකා විතානගේ විසින් කොවිඩ් මරණයකදී මියගිය පුද්ගලයෙකු ආදාහනය නොකට භූමදානය කිරීමෙන් ඇතිවිය හැකි භයානක ප්‍රතිඑල ගැන හා විද්‍යාත්මක කරුණක් වශයෙන් නාගරික ප්‍රදේශවල සහ ඉන් ඔබ්බට භූගත ජලය දූෂණය හා දූෂණය වීමේ ප්‍රධාන මානව සාධකයන් හා  ප්‍රභවයන් අතර සුසාන භූමි ඇති බව ප්‍රකට කරුණක් බව හුවා දක්වයි.

ඒ වගේම ඇය විසින් පෙන්වා දෙන්නේ  වර්ෂාපතනය පොළොවට වැටි විසිරි යාම හා මෘත දේහයට සම්බන්ද බැක්ටීරියා හා වයිරසය (විෂාණු ) විසිරි පොළොවේ අභ්‍යන්තරයේ විනිවිද යාමත් සමඟ පසෙහි ඇති ඕනෑම වෛරස් කාණ්ඩයක් ස්වභාවිකමව පොළොව යට ඇති උල්පත් හා සමහර උමන් ගංගාවල් මඟින් ප්‍රවාහනය විය හැකි බවය.

ඒවගේම අද දිනද අප රටේ විශාල වැසියන් ප්‍රමාණයක ලිං ජලය හා ඇළ දොළ ගංගා ආශ්‍රිත ජලය එදිනෙදා නෑමට බිමට පරිභෝජනය කරයි ඒ අතර  විශේෂයෙන් ප්‍රතිකාර නොකළ එනම් ක්ලෝරීන් ආදිය නොදමා සැකසු භූගත ජල ප්‍රභවලින් තම පානීය ජලය දහසකුත් අසරණ ජනතාව ලබාගනී.

මියගිය වුවන්ට පෙර නියමාකාරයෙන් මේ වසංගතය හමුවේ ජීවත්වෙන අයවළුන් ගැන විශේෂ සැලකිල්ලක් දැක්වීමට සමාජය විසින් තීරණය කරගතයුතුය. එය මියගිය වූවකුගේ මරණයට පෙර ඔහු හෝ ඇය තුලතම ඥාතින්,මුණුපුරන්,දුවා ,දරුවන් සම්බන්දයෙන් ඇතිවූන  යහපත් සිතුවිල්ලක්ද වීමට ඉඩ තිබේ. අප රටේ සිටි සමහර අතීත විරෝධාර ජාතික වීරවරයන් පවා නොයෙක් දඩුවම් හා සටන් හමුවේ එවැනි ප්‍රාර්ථනා, එවැනි සිතුවිලි ඇතුව මියයාම පිලිබඳ සිද්ධීන් දහස් ගණනක් අතීතය හාරා ඇවිස්සීම තුලින්ද සොයා ගත හැක.

නමුත් ආගමක් මත්තේ තම දෙවියන් නියම කල හෝ පාරම්පරික වත් පිළිවෙත් සිරිත් චාරිත්‍ර මත්තෙම නැහිමට හා ඒ මත්තේ තම දේශපාලන පක්ෂයන්ගේ ඉලක්කයන් කරා යාමට, ලක්ෂ 69 කට වඩා චන්ද දායකයින් විසින් ඇතිකළ ප්‍රජාතාන්ත්‍රික රජය හොර රහසේ වෙනස් මගක් ගන්නා තක්කඩියන්ගෙන් පිරි ඉතිරි ඇති බව හුවා දැක්වීමටද , ක්‍රමක් ක්‍රමයෙන් තම ගෝත්‍රික අවශ්‍යතාවයන් ඉටු කරගැනීමට හා කොටින්ම කිවහොත් තම ආගමික අන්තවාදී අදහස් සියළුම දේට වඩා ඉහලින් ඔසවා තැබීමට සමහර ආගමික කණ්ඩායම් පොදු නීතියකට එකඟතාවය නොදැක්වීම හා එම අන්තවාදී මතවලට එක දිනකට හෝ ඇහුකම් දීම මේ සිහළ බොදු රට විසින් කරගන්නා තවත් ‘අමනොන්ඥ ‘ ක්‍රියාවක් වශයෙන් හුවා දැක්විය හැකිය.

ආගමික අන්තවාදයක් නිසා,(තම ආගමික මත මෙවන් වසංගතයක් හමුවේ හෝ වෙනස් නොකරගන්නා භාවය අන්තවාදයක් ලෙස මෙතැනදී හුවා දැක්වේ )  ඉදිරියේදී ඇතිවිය හැකි, සාමජිය, පාරසරික, දේශපාලනමය හා ආර්ථික හා සෞඛ්‍යය ගැටළු හා රටේ සාමාන්‍ය ජනජීවිත කෙරේ දැනෙන අනාගත භිය තුරන් කිරීමේ හා ” සෞඛ්‍යය සම්පන්නව” දේශයක් පරිසරයක් ඇතිකිරීමේ භාර දුරකාර්යක් වශයෙන් ”’ නව රජය පත්වීමට ප්‍රථම එම ”කියාපෑම” ගැන  කතෘ වන මා කොහේ හෝ දුටුවේය. ඉතින් නව රජය විශ්වාස කල ලක්ෂ 69 කට වඩා වැඩි පිරිසකගේ ඉල්ලීම් ප්‍රථමයෙන් ඉටු කිරීමෙන් අනාගතයේදීද තම දේශපාලන පක්ෂයට බලයේ රැඳීමට හා යහපාලනය මෙන් නිකරුනේ අන්තවාදීන් සමග එක්ව ගමන්කොට රැවැටුන වලේම දවල් වැටුනා සේම ජනාධිපතිතුමනි අමාරුවෙන් සාදාගත් ඔබතුමාගේ රජයද වට්ටා නොගන්නා ලෙස සමාජ විශ්ලේශකයකු  වශයෙන් ඉල්ලමි.

මුස්ලිම්ලා විසින් ගෙන එන  ‘ මයි කාර් මයි පැට්‍රොල් අයි ගොස් මයි වේ ‘ ‘ යන මතය (අපේ ඉල්ලීම් සියල්ම දියවු අපිට ඕනේ අපේ ක්‍රමය ‘ යන මතය ) එක හෙලා ප්‍රතික්ෂේප කල යුතුය. ඔවුන් හට පමණක් කොවිඩ් රෝගයෙන් මියයන පුද්ගලයෙකු භුමදාන කටයුතුවලට ඉඩ දීම මුළු රටම අනතුරේ හෙළීමකි. එයට මුළු මහත් රටේ සිටින අනිකුත් සියලුම දෙනා විරුද්ධබව ‘ ප්‍රධාන මාධ්‍ය නාලිකා තුලින් අපි දුටුවේය ‘.

සියළුම දේ අනිත්‍ය ලෝකයේදී විශේෂයෙන් මේ කොරෝනා වසංගතය හමුවෙදිදීද  ජීවිතයේ දී මුහුණ දීමට සිදු වන ඕනෑම දෙයක් උදේශා හුදෙක් පැරණි ආගමික චාරිත්‍ර භූමදාන ක්‍රමම පමණක් උපයෝගී කරගැනීමෙන් ‘මලගිය පුද්ගලයාට ‘ සෙත සැලසීමක් වශයෙන් දක්නා  ඒ ආගමික උමතුව නොව විද්‍යාව ක්‍රමද මුස්ලිම් හෝ දෙමළ හෝ සිංහලයන් විසින් අනුගමනයකලයුතු බව අප වාඩ වඩාත් සැලකිලිමත් විය යුත්තේ ජීවතුන් අතර සිටින මිනිසුන් රැකීම සඳහාය ය.

කොවිඩ් උවදුරෙන් මිදීමට මඟ පෙන්වනු ලබන්නේ ඔවැනි පටු ආගමික විශ්වාසයන් නොව විද්‍යාවෙනි. රජයේ වගකීම වන්නේ ජීවත්ව සිටින අයට මිස මළවුන්ට නොවේ, ඔවුන්ගේ ජීවිත අවසන් වී තිබීම කනගාටුවට කරුණකි. නමුත් (මළවුන්ගේ දේහයන් තුලින්)  ඔවුන්ගේ දේහය ජීවත්වන්නන්ට ගැටළු ඇති කිරීමට ඔවුන් කැමති නොවනු ඇත. එසේ එයින් මේ ‘ අන්තවාදී ඉල්ලීම වහා රජය විසින් පිටු දැකිය යුතුය.

 අන්තර් ජලය තුළද සොයා ගත හැකි භූමදානය හා ඒ ආශ්‍රිත පරිසර විද්‍යාත්මක ප්‍රකාශන රාශියක් සොයා ගත හැක. භූගත ජලයට වෛරස් හා බැක්ටිරියා ඇතුල්වීමේ අනුපාතය සොහොන් භුමි ආශ්‍රිතව වැඩි බව පරීක්ෂණ වලින් සොයාගෙන ඇත.

‘ පැරණි මුස්ලිම් මිනිසුන් අප හට කුඩා කල කිව දෙයක්ද ඔබතුමාට මෙතනදී සඳහන් කරමි. ඔබතුමාද මේම කතාව අසා ඇති බව අප සිතමු !

අපි එක දවසකින් මුස්ලිම් කෙනෙකු මැරුණම වලදාන්නේ පරිසරයට ‘විෂ බිජ එකතුවෙන එක අඩුකරන්න ‘ අපි ඕකට්ටිය වගේ නොවේ !!!

ඉතින් ජනධිපතිතුමනි එදා ඒ කතාව අද නොපෙනන ලෝකයට හුවා දක්වා සහමුළින්ම වෙනස් කොට මේ ඉල්ලන්නේ කුමක්ද?

මෙය අර ඉංග්‍රීසියෙන් කියනවා වගේ ”රයිට් ටු කල්චර් නොවේ ” සංස්කෘතික අයිතිවාසිකම නොවේ. එය රැකීමට ගොස් අසරණ අනිකුත්  මිනිසුන් හට සෞඛ්‍යය ප්‍රශ්න ඇති කිරිමකි.

මොවුන් මේ කරන්නේ තොප්පිය හිතු මතේට කැරකවිම නොවේද ? 1925 දී පමණ ඇතිවූ  මුස්ලිම් මත 2020 වෙනකොට වෙනස් වන්නේ කාගේ උවමනාවටද ?

මේ අන්තවාදයක් නොවේද ?

එදා පාස්කු ප්‍රහාරය දියත් කලේ මෙවැනි ඉල්ලීම් කිරීමට දිරි දුන් කණ්ඩායම් නොවේද ? සහාරාන් අද සිටියානම් මෙම ඉල්ලීම ඉටු කරගැනීමට උද්ගෝෂණ නොකරයිද ?

ඔහුත් සමග එදා සිටි ලඟින් ඇසුරු කල ගජ මිත්‍ර සංවිධාන හා එහි නායකයන් අද ඔබ අසලම හිඳ මේ අශුද්‍ර ඉල්ලීම් ඉටුකරන්නේදැයි සොයා බැලීමට ඉල්ලමින්. මුස්ලිම් වරුන්ට පමණක් කොවිඩ් මරණ භුමදානයට විශේෂයක් නොකර මෙන් යෝජනා කරමි.

බුද්ධිමතුන් හා ආගමික අන්තවාදීන නොවන ජනයාගේ අවධානය පිණිස මෙසේ සඳහන් කරමි..

වර්ෂාපතනයන්  වැඩි කාලවලදී කොවිඩ් මරනයන්ගේ මෘත දේහ තුල ඇති මානව වෛරස් හා බැක්ටිරියා වර්ග දියවී ගමන් කොට පස හා  භූගත ජලය දූෂණය වීම සිදුවිය හැකි අතර, තෙතමනය වැඩි බැවින් ඉක්මනින්ම දිරාපත්වීම වැලකීම තුළින් වෛරස් හා බැක්ටිරියා තෝතැන්නක් වී කෙසේ හෝ උඩු දුවා (මීයන් ආදී සතුන් සොහොනහැරීම, මේරු ආදිය මතුවීම ,සොහොන් පල්ලාගේ සමාජ ආශ්‍රය තුලින්, ඊළඟ කොවිඩ් භූමදානය කිරීමට යන කණ්ඩයම මඟින් හෝ නැත්නම් කපුටෙකු හෝ හුලං පොදක් මඟින් හෝ හරියට රැකවල්ලා  නොමැති සොහොනක්,  කනත්තක් මඟින් අපරාධ මානසිකත්වයක් ඇති පුද්ගලයෙකු මඟින් හෝ මේ වෛරසය සමාජ ගතවී  ආර්ථික හා දේශපාලන ගැටළු රාශියකට තුඩු දීමක් සිදු විය හැක.

දේශ පාලකයනි ළඟ නොව දුර බලන්න. මෝඩ කථා නොකියන්න…

තෙරුවන් සරණයි !
දෙශාඅභිමානී සුර්ය වංශ රත්න විභූෂණ පාලිත ආරියරත්න
සෙන්කඩගල සිංහ ද්වාරයේ සිට
2020-11-12

References

• Azadpour-Keeley, A. and Ward, CH. (2005), Transport and survivat of viruses in the subsurface — processes, experiments, and mulation models. Remedition, 15: 23-49. doi:10.1002/rem.20048
• http://colombotimes.net/former-minister-hakeem-is-upset-over-the-cremation-of-dead-body-of-a-muslim-died-of-covid-19/
• http://scientist.lk/2020/04/07/science-behind-burying-the-covid-19-infected-dead-bodies/
• Gothowrtz, M. B., et al. (2016). Effects of Climate and Sewer Condivon on Virus Transport to Groundwater.” Environmental Soence & Technology $0(16):
• Morgan O. Infectious disease risks from dead bodies following natural disasters. Rev Panam SaludPublica, 2004; 15(5):307-12.
• Jozef Zychowski, Tornasz Bryndal; Impact of cemeteries on groundwater contamination by bacteria and viruses — a review. J Water Health 1 June 2015; 13 (2); 285-301. doi: 10.2166/wh.2014.119
• Ueisik, A. S. and W.H.O.R.O. f. Europe (1998). The impact of cemeteries on the environment and public health: an introductory briefing, WHO Regional Office for Europe.
• Oliveira, B., Quintero, P., Caetano, C_, Nadais, H., Arroja, L., Ferreira da Silva, E. and Senos Matas, M. (2023), Burial grounds impact. Water Environ J, 27:99-106. doi:10.1111/j.1747-6593.2012.00330.x
• Abia, AL. K., et al. (2019). Microbial life beyond the grave: 16s rRNA gene-based metagenomic analysis of bacteria diversity and thew functional profiles in cemetery environments.” Science of The Total Environment 655: 831-841.
• https://ceylondiarynews.weebly.com/latest-news/science-behind-burying-covid-19-infected-dead-bodies
• Coronavirus funerals: Sri Lanka’s Muslims decry forced cremationhttps://www.bbc.com/news/world-asia-53295551
• Anguish as Sri Lanka forces Muslims to cremate COVID-19 victims https://www.aljazeera.com/news/2020/4/3/anguish-as-sri-lanka-forces-muslims-to-cremate-covid-19-victims
•  Issue Of ‘Corona’ Cremations: Mr President, Please Respect The Wishes Of Muslims! https://www.colombotelegraph.com/index.php/issue-of-corona-cremations-mr-president-please-respect-the-wishes-of-muslims/ 

KAMALIKA PIERIS

LAND DEEDS

To accommodate the acquisition of land for this proposed economic corridor, two new laws, namely the State Land Bank bill and Land Special Provision Bill, were to be enacted.

The State Land (Special Provisions) Bill was gazetted on 27.03.19.” This is a Bill to grant absolute title to state lands held by citizens who hold land grants. Its validity is for seven years. Analysts have seen a connection between the MCC Land projects and the Yahapalana plans to dispose of state land.

According Part I Section 3, the provisions of the Act shall apply to persons who are holders of (i) a grant under the Land Development Ordinance; (ii) an instrument of disposition under Land Grants (Special Provisions) Act; (iii) an instrument of disposition under Crown Lands Ordinance for agricultural purposes provided that they have held the Land “for more than ten years immediately prior to the appointed date of this Act.

However, according to Section 4, the Act shall not apply to Land (i) over one thousand five hundred and twenty-four meters above mean sea level; (ii) declared as development areas; (iii) within reservations or protected areas; (iv) vested in any Local Authority; (v) declared by the Minister; (vi) any settlement programme.

According to Part II, applications for eligibility would be reviewed by a Committee made up of fifteen Secretaries of related Ministries and five ex-officio Members such as the Land Commissioner who shall be the Chairman of the Committee, the Surveyor General, the Registrar General of Lands and nominees of the President and the Prime Minister. The Committee would be assisted by administrative arrangements such as Sub-Committees and Boards to review objections that are normal to finalizing the report of the Committee for submission to the Minister for Lands who in turn is expected to forward it to the President for issuance of the Absolute Land Grants.

The move will enable those occupying these lands to sell or transfer ownership legally and also obtain other facilities such as bank loans and use the deed as a valid document for school admissions, said Yahapalana .

The Bill covers lands granted under the provisions of the Land Development Ordinance, lands disposed under the provisions of the Land Grant (Special Provisions) Act or lands provided under the Crown Lands Ordinance granted for agricultural purposes, under a land settlement programme or a colonization scheme. Those holding land grants and permits for more than 10 years will be benefited by the new legislation. They are entitled to apply and be eligible to get an Absolute Land Grant up to five acres in extent under the provisions of this Act.

The provisions of this Act apply to holders of grants under the provisions of the Land Development Ordinance, instruments of disposition under the provisions of the Land Grants (Special Provisions) Act, and instruments of disposition of lands under the Crown Lands Ordinance granted for agricultural purposes or colonization schemes”.

The Committee will forward its observations to the Land Minister on all applications for Absolute Land Grants and the relevant documents, and the minister will forward them to the President. Once the President issues the Absolute Land Grants, those will be registered in the Land Registry. The grantee of an Absolute Land Grant will have the right of transfer of the land to the heirs or with the consent of all heirs in writing to sell such land to any person.

A 20-member ‘Land Grants Committee’ consisting of Ministry Secretaries, Heads of relevant institutions and two nominees of the President and the Prime Minister will be appointed for the administration of this Act. However, any land which is used for paddy cultivation can be sold only to another farmer. President Sirisena had wanted that the land could be sold only for a person in the adjoining Grama Niladhari division preventing persons from outside areas from buying lands on a large scale.

The Absolute Land Grant issued by the President will be conclusive proof of absolute title to that land. It will be admissible and valid before any court, institution or authority for any transaction, business, transfer of title, as security for a bond or for any other purpose.

Prime Minister said that large extents of land had been distributed among the people under the D.S. Senanayake administration. Those lands were given under the Land Development Ordinance of 1932. “People were given licences. Later people were given letters when they were settled. Sometimes people were settled without any documentation. None of these groups have deeds to show outright land ownership,” he said. Without land deeds those people faced a number of issues and at times they were asked to leave. “With these deeds you can use your land freely. “For a country to develop people must have the ownership of land,” he said.

 Ranil Wickremesinghe said that the government was distributing one million deeds to the people granting them outright ownership of their land. “People who have been using plots of land for over a decade will get outright land ownership.”

The Bill has been virulently opposed. The Bill has been submitted without the approval of the Cabinet of Ministers, said critics. The Bill with amendments proposed by President should be presented for Cabinet approval before it is submitted to Parliament. But Lands Minister has submitted the Bill to Parliament without presenting it to Cabinet, said Dayasiri Jayasekera.

Critics want to know whether there was a connection between this decision and Millennium Challenge Corporation Agreement (MCC) which the Government is expected to sign with the United States of America.

The government seems to be in a mighty hurry to grant outright ownership to those who have their land holdings under the Land Development Ordinance of 1935, said critics. The government wants to neutralize the Land Development Ordinance, Crown Land Ordinance and Lands Grant Act by way of the proposed Lands (Special Provisions) Bill. These had ensured the state land provided to the needy families remained with them.

The introduction and the implementation of the Land Development Ordinance 1935 was one of the most important welfare measures taken before independence. It was a very effective rural development strategy followed during pre and post independent period, explained critics.

The initial objectives of the Land Development Ordinance 1935 were (a) protecting peasant farmers as a group (b) alleviating land hunger among the poorest of the poor (c) relieving population pressure of the villagers in the wet zone of the country, (d) increasing food production particularly paddy (e) developing the scarcely populated dry zone.

The land alienation was done under different types of schemes such as major settlement schemes, village expansion schemes, highland settlement schemes, middle class schemes, and youth settlement schemes and regularization of encroachments. The land alienated originally was crown land. Latterly with suitable crown land not being available land from other sources such as estates were acquired and alienated under this Ordinance.

Under the 1935 Ordinance the allottee could not fragment the land, mortgage the land or dispose of it without Government Agent’s permission. The tenure was liable to cancellation for any default. The allottee’s land was a protected holding. Selection of allottees was done at a land Kachcheri by the Government Agent or his representative. Landless peasants from the area with large families were given preference and on selection were issued a permit. The land could be passed on, only to a nominated successor by the allottee. This prevented fragmentation of peasant holdings.

When the permit holder had fulfilled the requirements stipulated in the permit he was entitled to receive a grant of his allotment. The grantee was able to freely dispose of his allotment without the consent of the Government. However, The LDO requires peasant holder to obtain the prior consent of the Government Agent before disposal. The restriction has been designed to prevent the passing of land intended for the peasantry to the richer classes or high income groups. The LDO ensures that no State land shall be alienated to any person other than citizens of Sri Lanka and declaring that any alienation made in contravention of this provision shall be invalid.

Critics said the new Land Bill would have far reaching consequences which the country couldn’t cope with. Since farmers are chronically indebted, the reforms underway will in all likelihood lead them to sell their plots. “We’ll have to struggle with thousands of families being homeless with the selling off of their property overnight,” critics said. A farmer who owned about a quarter acre of land, after selling it to a multinational company would himself be destitute after some time.

Well organized unscrupulous politically influential persons would rapidly procure land received by the landless. The project would cause a massive displacement of people, especially smallholders. It will drive poor peasant families off the state land they had settled on for generations, critics said.

The concept of the village having a temple, agricultural land and a tank would be gone. Factories would crop up in farm lands. The agricultural economy would fall. The natural environment might change for the worse.

Critics have also seen the new Bill as a move to enable Yahapalana to sell off state land to foreign companies. Through this Bill government seeks to dispose of large tracts of land in a short time,  to make them quickly available for investors.

The Ranil Wickremesinghe administration was also attempting to create a cheap labour force needed to facilitate the implementation of neoliberal economic policies, by amending` land laws, said the Movement for Land and Agricultural Reform, MONLAR. Providing land deeds may look like a progressive move but we have to look at the reasons said MONLAR.

On the one hand there is a serious crisis in the rural economy, created by the policies of successive governments, especially the present administration. On the other hand, large multinational companies have made small time farmers bankrupt and are buying off their agricultural land. The only thing that has held back these predatory companies and the neoliberal economic policies are the so-called antiquated land laws. By giving desperate people, an asset that they can sell the government has ensured that these lands will be sold off.”  They will sell their small holdings for a pittance. The net result will be the rise of a generation of poverty stricken landless population in rural areas.

Molar said that they had looked at all documents approved by the Cabinet between January 2015 and April 2019 on land reform, recommendations given by the World Bank and International Monetary Fund (IMF) to the government on the land rights of the people and bi-lateral trade agreements between Sri Lanka and other countries had the potential projects that would deprive the people of their land rights.

The target clearly is state owned land. In Sri Lanka, we have freehold properties that belong to individuals or companies and then there is state owned land a portion of which is utilized directly by the government and a portion which remains allocated for other purposes of the republic such as forest reserves and the like and another potion of state land is held by the public under lease or licensing arrangements, pointed out Chandraprema. It is obviously the latter that the MCC is targeting.

Even though such state owned lands have been alienated to individuals under licensing or long term lease arrangements, the tenants on these lands enjoy security of tenure because the government will not simply kick them off the land if it is cultivated and used productively. The lease holder or licensee will be adequately compensated before the government takes back a state land which has been given to private individuals for farming or other purposes. We almost never hear of even the smallest of smallholders being unreasonably evicted from state owned land that had been leased or given to them on a license by the state.

Such land can also be passed down from generation to generation provided the land had been utilized productively. The fact that the land is owned by the state discourages fragmentation of the land and strategic buying up of cheap land by organized parties

Admittedly, recipients of state owned land on lease will face issues when trying to raise money from banks with the land pledged as surety. Banks prefer freehold land. However, this was a problem that had to be dealt with at the level of the banks instead of trying to give leaseholders freehold tenure.

If leaseholds on state land can be bought and sold between citizens of Sri Lanka and their only problem is the inability to use that lease as collateral, the answer to that can’t be the wholesale transformation of such lands into freehold tenures. There is besides, the well-founded fear that if state owned lands which are at present farmed by individuals on leasehold or licensing arrangements are turned into freehold properties, it will not be long before unscrupulous elements lay their hands on these lands creating a landless rural population.

The first attempt to do away with these laws was made in 2003. The UNF had wanted to see large scale organized transferring of ownership of land and this would have certainly become law if not for the Supreme Court ruling given in 2003.

.Justice Shirani Bandaranayake ruled that the disputed Bill should be approved in parliament with a two-thirds majority and by the people at a referendum. The ruling, he said was based primarily  on two factors (1) As the subject of land is under the purview of the Provincial Councils, the Bill required the consent of 09 Provincial Councils and (11) The exclusive right enjoyed by the President in respect of granting of land cannot be transferred to the Minister responsible for the subject of lands.

In 2015, Yahapalana UNP revived the project. “It was the same Bill rejected by the Supreme Court in 2003. The cabinet discussed it several times after January 2015. ” it was difficult to see how this law could take effect in view of 2003 Supreme Court ruling.

Critics argue that the present Bill would violate the sovereignty of the People as given in entrenched Article 3 of the Constitution, Land cannot be granted to anyone outright without a two-third approval of Parliament and approval by the People at a Referendum all land and all its resources belong to all the people of Sri Lanka as part of their sovereignty. This is inalienable. Governments hold Land in trust, said critics. This has been determined by the Supreme Court in several instances   such as the Eppawela case (S.C. 884/99)

State Land is an inalienable right of the sovereignty of the People. In view of this undeniable and uncontestable fact, it is a violation of the inalienable rights of all the People for any government to legislate granting Absolute Land Grants to some of the People, an asset that belongs to all without due process of two-third approval of Parliament and approval of the People at a Referendum.

A Special Determination petition challenging the Bill entitled ‘State Land (Special Provisions)’ was filed before the Supreme Court in July 2019. Convener of the of the Truth Seeker’s Organization has sought a declaration that this Bill shall become law only through a two-thirds majority in Parliament and the approval of the people at a referendum.

The petitioner, Attorney Premanath Dolawatta stated that the concerned bill was presented to Parliament and placed in the Order Paper of Parliament on June 28, 2019. Dolawatta states that the Bill contains 36 clauses and a schedule and the entirety of the Bill violates and is inconsistent with Articles 3, 4, 12(1), 12(2), 75, 154G of the Constitution. The petitioner stated that the purpose of the proposed law is to alienate State lands which amounts to a breach of the duty of the state to be the guardian of state lands holding the same in trust. There have been several other petitions against this Bill.

The Supreme Court examined the Bill titled State Lands (Special Provisions)” which has been challenged in the Supreme Court in terms of Article 121 (1) of the Constitution and gave its determination.

Supreme Court determined that in terms of Article 120 read with the Article 123 of the Constitution, that the Bill in question is in respect of a matter set out in the Provincial Council List, and shall not become Law unless it has been referred by the President to every Provincial Council, for the expression of their views thereon, and only thereafter be placed on the Order Paper of Parliament, as required by Article 154G (3) of the Constitution. The Supreme Court has further observed that the Bill has been placed on the Order Paper of Parliament without compliance with the Provisions of Article 154 G (3.)

The upset over land does not end there. For some time now, land rights activists and analysts have warned of potentially disastrous consequences of reforms to land laws contemplated by the Wickremesinghe-led government announced critics. President Sirisena said he had blocked two ‘anti-national’ Land Bills the PM sought to introduce. He said these new laws sought to allow foreigners to buy any land in the country, both privately and publicly owned.

LAND BANK

“USA has done a study on Sri Lanka and issued a report with recommendations on Sri Lankan lands. They are engaged in surveying the lands in Sri Lanka and have suggested establishing a state land bank. According to these proposals all state lands would come under this bank, allowing these lands to be given to anyone even foreign parties said critics.

The government’s moves to remove the bar on foreigners owning land, the removal of the 50-acres limit on individual ownership, the proposed ‘Land Bank’ (that will bring publicly owned land under a single hub and make it available for private investors), are inter-related.”You need to look at all the factors to see the final outcome” said MONLAR

LAND SURVEYS

Lastly, there is an interesting tussle going on regarding land surveys. Trimble Navigation Ltd, a US company based in California, had in October 2015,  forwarded a proposal for ‘Title/Tenure Regularisation and Cadastral Registry Modernisation’ in Sri Lanka. This proposal has been rejected earlier in 2010. 

A high level committee headed by senior advisor to Prime Minister R. Paskeralingam had recommended this proposal. The Cabinet Committee on Economic Management (CCEM) approved it  and Cabinet    accepted it. Trimble had asked for USD 170 million and Yahapalana had beaten it down to USD 154 million. The money would come as a loan at an interest of four percent. The loan is to be paid back in 15 years inclusive of a grace period of five years.

The Finance Ministry’s External Resources Department was authorized to negotiate with Trimble to prepare land survey maps and create a streamlined database of 3.6 million parcels of state owned land. Trimble would first survey 2.5mn blocks of land around the country, excluding the Western Province and issue title deeds. Then it would survey 2.5mn plots of land in the Western Province.

The Government Surveyors’ Association (GSA)   announced  in January 2017, that there was a move to hand over several operations of the Sri Lanka Survey Department (SLSD), including Land Information System (LIS) and Aerial Survey Operations to Trimble Navigation for 15 years  ‘The required plans are already in place to complete the transfer. It appears that the US government had forced Yahapalana to agree to this, said the surveyors. 

It was observed some time later, that ‘the   land part of the Compact seems to have undergone drastic change.’ There is no mention now of giving deeds to those occupying state lands so that they can sell the land and become destitute. The focus now is on creating a cadastral map of land parcels and creating a complete digital inventory of state land.

Surveyors are not impressed.  This is exactly what the American firm, Trimble was going to do, at the start of Yahapalana rule, surveyors said. They also said that this mapping which the Compact is talking about could be done by the Land use Planning Department. The Land use Planning Department has already mapped out all sorts of land, they said.   They have mapped out protected areas, unutilized lands,    underutilized lands, abandoned paddy lands, river basins, water sheds. The data will   be fed into ICTA’s National Spatial Data Infrastructure.

The Compact is now focusing on under-utilized state land”   held by government Departments, such as the Government Railway. The Compact is eyeing these lands, which it says can generate better revenue in the hands ofindustrial investors.  Sri Lanka will have a place in these industrial ventures. The MCC compact will provide opportunities for Sri Lankan companies to compete and win multi- million dollar projects,” the US embassy said. We want private sector expertise and we pay really well.”  (Continued)

KAMALIKA PIERIS

The Prime Minister office made a statement on the MCC project in June 2019. The statement was made public.     The statement said:

The Government of Sri Lanka, with the help of the Center for International Development (CID) at Harvard University, conducted constraints analysis to identify constrains which hampered the economic growth in the country and identified three binding constraints, 1. Access to land 2. Weakness in transport and logistics infrastructure and planning and 3. Policy instability.   Yahapalana government then decided to focus on the two of these, access to land and improvement in transport.

The Government of Sri Lanka and MCC then consulted with hundreds of individuals from government, the private sector, and civil society in small group discussions and one-on-one meetings to understand the root causes of the transport and land binding constraints and potential activities that would address those root causes. The Government of Sri Lanka and MCC also launched multiple rounds of discussion to identify potential projects that could meet MCC’s investment criteria.

On the basis of such engagements and analyses, the Government of Sri Lanka submitted project proposals to MCC for consideration in November 2017. There were two sets of projects, Transport Projects and Land Projects.

ACTIVITIES PROPOSED UNDER THE TRANSPORT DEVELOPMENT PROJECT:

1) Establishing an Advanced Traffic Management System (ATMS) covering the Colombo Metropolitan area to improve the efficiency, capacity and safety of the CMA road network to improve flow rate, reduce travel time and congestion, reduce traffic emission and reduce accidents.

2) Bus Transport Sector Modernization (BTSM) programme will make a significant improvement to the speed and quality of the public bus system combining state owned and private buses.

3) Developing and improvement of 137 km road sections in the Central Ring Road (CRR) covering and connecting Sabaragamuwa, Uva, North Central and Central Provinces to markets in the Western Province.

 4) Connected to this Road development is a study to locate and finance, locations for wholesale storage of Agro produce in collaboration with private investors at locations on the CRR Road network, to improve post-harvest management of produce.

ACTIVITIES  PROPOSED UNDER THE LAND ADMINISTRATION PROJECT:

  5)  Preparation of Parcel Fabric map and inventory of state land.

6)    Improvement of Deeds Registry.

7)    Improvements of the land valuation system.

8)    Land Grants Registration and Deed Conversion Activity.

9)   Land Policy and Legal Governance Improvement Activity.

The above activities will be implemented in the following 7 districts with the limited funds available for the land sector. (Kegalla, Kandy, Matale, Kurunegala, Anuradhapura, Polonnaruwa and Trincomalee) Further we requested to include Gampaha district as well, said the statement

The statement ended by saying that the copy of the report can be accessed through: https://assets.mcc.gov/content/uploads/constraints-analysis-sri-lanka.pdf. More information on the MCC grant for Sri Lanka could be obtained from https://www.mcc.gov/where-we-work/program/sri-lanka-compact .

The Transport project is in three parts. Part one is an Advanced Traffic Management System (ATMS) for the Colombo Metropolitan Region, covering approximately 205 kilometers of existing road networks , concentrating on the  eight heavily traveled corridors that link central Colombo with its suburbs   and  including  improvement of  132 junctions in Greater Colombo.

The ATMS will be controlled by a huge Traffic Management Center with real time analysis of traffic flow data,  interconnected traffic signal system and vehicle detection using modern technology. The project will also create more pedestrian crossings, improve sidewalks and introduce ‘road safety measures’‘

The Advanced Traffic Management System had been discussed with other donors. The discussions had stalled because the other donors  had refused to pay certain extra costs relating mainly to land. But  MCC readily  agreed to pay   that too, said RDA gratefully.

Part two is bus service modernization in greater Colombo. This will consist of automated fare collection with smart cards, centralized control of bus schedules and GPS bus tracking to see whether buses are operating according to schedule. These measures would also improve the safety of women, senior citizens and disabled persons. Funds will be also provided for the purchase of new state-of- art buses.

Part three  is the  upgrade of  approximately 131 kilometers of roads in Sabaragamuwa, Uva and Central Province which are in between the more developed roads. This would include the road from Ratnapura to Beragala and Dambulla to Naulla. The Compact is offering a  super asphalt mix which will provide a better  road surface.

The transport project will improve connectivity between the economically backward central region  with ports and markets in the western provinces, continued MCC. Getting transport right is the key to mark Colombo as a regional hub for finance, trade and investment.

That is doubtful. The Compact does not address the primary transport  need in Sri Lanka today, the need for mass transit, by bus and train, for both persons and goods. The Compact  remedy  instead,   is to introduce ICT controls  for  private transport.  The  MCC Transport project  was described in  detail by an  official of the Road Development Authority, at a  seminar   I attended. The audience gave a hearty laugh at the end of the talk.

Critics ignored the transport projects of the MCC and pounced on the land projects. These had serious implications, they said.

 They pointed out that the MCC Land plan  also  includes four ‘Economic Corridors’, Colombo-Trincomalee will be developed as the main economic corridor with three other sub-corridors,  Jaffna-Kilinochchi in the Northern Province, Galle-Tissamaharama in the Southern Province and Chenkaladi-Ampara in the Eastern Province. Anuradhapura and Kandy will be developed separately as metropolitan areas. The feeble excuse given for their creation, was that the corridors   were to help economic growth in economically poor areas.

The plan for a Colombo Trincomalee Economic Corridor, was developed initially by the Asian Development Bank    in  2018. It was to take advantage of existing international gateways,  the Bandaranaike International Airport and Colombo Port.  The proposed Central Expressway, which connects the two, which is about 280 kilometers long, will act as the spine of the corridor. An influence area of 50 kilometers on either side has been selected, which cuts across 6 provinces and 10 districts. The districts in the influence area cover 42% of Sri Lanka’s total area, account for 58% of the total population and contribute 86% to industrial output.

 MCC critics  focused on the Colombo Trincomalee Economic Corridor.  Critics observed that the Colombo-Trincomalee project will carve out an economic corridor from Colombo to Trincomalee, taking in Colombo, Negombo, Kurunegala, Dambulla and Trincomalee, covering 1.2 Million acres, in a manner that physically divides the territory of Sri Lanka into two distinct parts. It has been alleged that the MCC envisages an electric railway line that would bisect the country in a straight line linking Trincomalee with Colombo.

The underlying purpose of the MCC compact was to divide Sri Lanka into two distinct parts, said critics. That the so called economic corridor is to serve the interests of the U.S. the US has upgraded the status of Sri Lanka to that of a Military Logistics Hub.

The majority of the Districts within the Colombo Trincomalee Economic Corridor do not qualify on grounds of poverty, either. They are below the national poverty headcount index of 4.1 Districts with high levels of poverty are outside the proposed corridor.

Five of the eight Districts included in the Colombo Trincomalee Economic Corridor, namely, Matale (3.5), Kurunegala (2.9), Anuradhapura (3.8), Polonnaruwa (2.2) and Gampaha (2.0) are below the national headcount index of 4.1. Therefore, only three Districts, Kandy (5.5), Kegalle (7.1) and Trincomalee (10.0) qualify, since their poverty indices are high and well above the national average of 4.1.

Districts where the poverty headcount index is considerably higher than the national average and therefore requiring attention are   not in the corridor. Districts such as Ratnapura (6.5), Monaragala (5.8), Badulla (6.8), Batticaloa (11.3), Kilinochchi (18.2), Mullaitivu (12.7), Jaffna (7.7), Nuwara-Eliya (6.3) are well above the national poverty index.

The National Joint Committee  took an interest in  this Corridor. National Joint Committee noted that the law applicable within the Corridor would be  American law and not  Sri Lankan law.

The country will be divided into two parts by this economic corridor with the northern part being available to create the nation of Eelam as envisaged in the separatist ideology. It is in this northern part that the ancient cities of Anuradhapura, Polonnaruwa and Kurunegala are situated, said NJC .

 The area covered by this economic corridor  contains Eppawala phosphates, Limonite, Thorium, Monazite and rare earth metals Cerium and Lanthanum. When Freeport McMoran, an American Company, in 2000 tried to mine the phosphates in Eppawala this was prevented by Supreme Court saying such assets belonged to the people, said National Joint Committee.

Critics of the Corridor  also took up another matter. The corridors will be based on a  new National Physical Plan (2018 – 2050) which is  expected to replace the earlier Physical Plan (2011 – 2030) prepared in 2011. While the earlier Physical Plan addressed development over the entire territory of Sri Lanka, the revised Physical Plane has deviated from this holistic approach and focused development along “growth corridors” observed critics. These districts overlap with those coming under the MCC.

A National Physical Plan has to carry out certain procedures for it to be accepted as an official document. It has to be prepared under the Town and Country Planning (Amendment) Act (No. 49 of 2000). The earlier Physical Plan had followed all the procedures required by the Act. The question is whether the revised Physical Plan has followed the due process as required by the Act.

Such procedures should include preparing a Draft Physical Plan and conducting hearings with experts, professionals and general public and obtaining provisional approval of the Minister concerned after which it is gazetted with maps and plans, for scrutiny by the public, for them to propose revisions to be incorporated in the Draft Plan. It is after following such procedures that the final version of the National Physical Plan is submitted to the National Physical Planning Council for approval.

The revised National Physical Plan 2050, prepared by the National Physical Planning Department of the Megapolis and Western Development ministry, has been approved by the National Physical Planning Council  and the National Economic Council (NEC) of Sri Lanka and is expected to be gazetted shortly said Daily News in February 2019. It is yet to be made public, although it is said to be ‘completed,’ said analysts in June 2019.”

Critics wanted to know whether the President as the Head of the National Physical Planning Council has approved the Plan. What is the status of this new Plan? If the final Physical Plan had not followed the required procedures prior to the approval of the National Physical Planning Council, how legitimate would be the final version of the Plan, even if it was approved by the President and the Council, and consequently, the status of the Compact negotiated with MCC, they asked.  ( Continued)

KAMALIKA PIERIS

TheMillennium Challenge Corporation (MCC) is a  foreign aid agency established by the U.S. Congress in 2004. The MCC Board is chaired by the Secretary of State. The Board members consist of the Secretary of the Treasury, US trade representative, four private sector representatives and a representative of USAID.

MCC is  therefore not the independent, altruistic  US foreign assistance agency it claims to be.  It has government connections.   The governing  Board  represents  the  political and trade interests of the USA.   Advocata  Institute   however, says, although heads of the U.S. State Department and U.S. Treasury sits on its board, the MCC operates independently as a separate entity.

The Millennium Challenge Compact is a US grant for development work in foreign countries.  The  first project negotiations in Sri Lanka  for  such a  grant commenced in 2004 during the Kumaratunga-Wickremesinghe tenure and continued during the Rajapaksa government until the project was terminated for political reasons,  by MCC in 2008.

After Yahapalana government came to power, in December 2016, Sri Lanka was again selected for a Compact.  The country became eligible for assistance after passing 13 out of 20 indicators on MCC’s policy scorecard.

Countries must qualify as low income or lower middle income countries according to the World Bank’s classification in order to be eligible for MCC grants. On the 1st of July 2019, the World Bank classified Sri Lanka as an upper middle income country with a per capita income in excess of $ 3,895. However, by that time the MCC grant for Sri Lanka had already been passed and in any event according to MCC criteria, when a country’s classification changes, it will retain its former classification for a further two years. 

On August 13, 2018, the MCC delivered to the U.S. Congress a Congressional Notification of its intent to negotiate a Millennium Challenge Corporation Compact with the Government of Sri Lanka.  Sri Lanka completed negotiations with MCC in October 2018    and the Board of Directors of the Millennium Challenge Corporation of USA approved a five-year, $480 million Compact grant to the Government of Sri Lanka. 

 The agreement was to be signed in December 2018 but was delayed, due to   objections. MCC’s Board of Directors met in mid-September 2019 and re-approved a five-year, $480 million Compact grant to the Government of Sri Lanka.   The United States said it hopes that Sri Lanka will eventually approve the $ 480 million Millennium Challenge Corporation (MCC) grant. Measures will be taken to create awareness on the MCC programme among the people,  the embassy said.

Analysts observed that US does not historically give Sri Lanka direct aid, they do it through World Bank. But in this case they   readily provided money direct. The embassy confirmed in 2019 that the full sum of USD 480 has   already been approved.

When a country is awarded a Millennium Challenge compact, it sets up its own local MCA accountable entity to manage and oversee all aspects of implementation, the US explained. Sri Lanka has set up Compact Development Team in the Policy Development Office of the Office of the Prime Minister.    This will later be replaced by MCA-Sri Lanka, which will deal with the work of the Compact.

The   land and transport projects of the Compact were first examined  by Harvard University’s Centre for International Development in a year long study in 2016. This was followed  by studies from World Bank, Asia Foundation,  Trimble and Center for Policy Alternatives, Colombo. These are  organizations which have a strong link with USA, said critics.

The present Compact is based on a full-fledged proposal submitted by the government in November 2017, said Pathfinder Foundation. The local Compact team and MCC specialists had extensive discussions with the departments responsible for transport and land administration. They also had discussions with the private sector,   think tanks, and civil society organizations.

The government team was led by the Secretary to the Ministry of Finance. The team included senior officials from the External Resources Department, Attorney General’s Department, Policy Development Office in the Prime Minister’s Office, Ministry of Highways and Road Development, Ministry of Lands and Parliamentary Affairs, Ministry of Megapolis and Western Province Development, Ministry of Transport and Civil Aviation, and Sri Lanka Survey Department, said Pathfinder.

The MCC Compact  led to considerable discussion. Several organizations  held seminars on the subject and the US embassy has attended and contributed information. This is your project. We are not forcing it on Sri Lanka, said US. Implementation will be supervised by a local body staffed by Sri Lankans. This body will be accountable to a Sri Lankan Board of Directors comprised of eight government officials and three representatives from the private sector and civil society.

Certain changes have already been made. Attorney General’s Department raised objections to the clause in the original draft which brought the Compact under International law. MCC was asked to remove any sentence which excluded domestic law and the MCC agreed,  USA said.

MCC Compact has not been received well in Sri Lanka. The MCC was developed in secrecy by a team located in the Sri Lanka Prime Minister’s office, charged critics. The government has been inexplicably secretive about the whole MCC project, they said. There has been no public discussion on it, said Lasanda Kurukulasuriya.

The  US embassy replied. All MCC Compact   programmes,   all over the world are prepared by the locals of that country, the embassy said. In Sri Lanka too, the Sri Lanka plan was prepared by teams of Sri Lankans including  members of the civil society. The private think tank Verite Research  said that they had been involved in   planning the transport programmes. At least 15 Sri Lankans were present at the negotiations, the embassy said. The Compact program was proposed by Sri Lankans, developed by Sri Lankans and will be managed and supervised by Sri Lankans, said the US embassy.

The MCC grant represents the largest grant Sri Lanka has ever received from a single source, said Advocata. The grant is a huge one, USD 480 million. The failure to utilize the MCC grant would be an economic loss to the country   said US admirers.  USD 480 is not a big sum today, critics replied. The present government could borrow 480 million USD in a single afternoon through the issue of Sri Lanka Development Bonds.

Critics also observed that  while the donor (USA) is keen on the compact, the recipient, (Sri Lanka), is suspicious and reluctant. It is most unusual to have a donor running behind a recipient like this. It is usually the other way round.  Sri Lanka is wondering why USA is so anxious to push this through. Is this simply a grant to   avoid traffic jams and prepare   maps or is it something more. What is behind it all.

The stated aim of the MCC  is to    reduce poverty and stimulate economic growth, said MCC.  In Sri Lanka we have identified transport infrastructure and weak land administration   practices as the binding constraint on economic growth in Sri Lanka.This is   nonsense,  said critics. Sri Lanka’s ‘constraints to economic growth’ cannot be   removed by tackling traffic jams and listing  land parcels. Sri Lanka economic problems lie elsewhere.

One analyst, (name withheld) who it appears seem to have seen the document, said the MCC Compact is not a Compact at all. There are annexures and cross references and the agreement is difficult to understand. It has ‘shall’ only twice and that is for US, not Sri Lanka.

The present Compact is a treaty not a compact, said Palitha  Kohona and it is not under Sri Lanka law.  It is a tool for furthering the objectives of the USA . D.L.Mendis,  a specialist in  treaties and  international law , stated at an OPA discussion that MCC compact must be examined by  persons who know to asses a treaty. Simply looking to see whether it is good for the country  will not do. The treaty implications must be examined.

The MCC’s approval of the $480 grant for Sri Lanka was announced by government just days after the Easter Sunday attacks, when one would imagine that Sri Lanka’s investment credentials were at an all-time low. The secrecy, the odd timing of the announcement and other aspects would suggest that the MCC is being imposed by the US for its own purposes, rather than for the benefit of Sri Lankans, said Lasanda Kurukulasuriya.

The Compact now awaits approval by the Cabinet and signing of the agreement by the government., But there is hesitation on the part of the government and reluctance to sign., observed the media.

The Agreement between the MCC and the Government of Sri Lanka is yet to be signed  the Prime Minister office announced  in June 2019. .According to the Standing Orders of Parliament, this compact will be reviewed by the Oversight Committee and will be open to the interested parties. The agreement would also be presented to Parliament after obtaining Cabinet approval.

This Millennium Challenge Corporation grant has been seen as part of a threefold US package of MCC, ACSA and SOFA.  ACSA and SOFA are military agreements; MCC grant is about economic interests,  said MCC supporters.  But they look like a package, replied  critics. All three were to be signed in  2018, one after the other.  ( Continued)

ආචාර්ය සුදත් ගුණසේකර

අග්‍රාමාත්‍යතුමාගේ ප්‍රධානත්වයෙන් රු.මිලියන හයසීයක ඉන්දු-ලංකා ප්‍රජා සංවර්ධන ව්‍යාපෘති ගිවිසුම අලුත්වෙයි -අග්‍රාමාත්‍ය මාධ්‍ය අංශය

ඉන්දියානු ආධාර ප්‍රදාන යටතේ රුපියල් මිලියන හයසීයකට අධික වියදමකින් මෙරට ක්‍රියාත්මක කරන ප්‍රජා සංවර්ධන ව්‍යාපෘති සඳහා ශ්‍රී ලංකාව සහ ඉන්දියාව අද 2020.11.10 දින අවබෝධතා ගිවිසුමකට එළැඹිණි.

මුදල් අමාත්‍යංශ ලේකම් එස්.ආර්.ආටිගල මහතා හා මෙරට ඉන්දීය මහ කොමසාරිස් ගෝපාල් බාග්ලේ මහතා මෙම ගිවිසුමට අත්සන් තැබූහ.

මෙම ගිවිසුම 2005 වර්ෂයේදී වත්මන් ගරු අග්‍රාමාත්‍ය මහින්ද රාජපක්ෂ මැතිතුමා ජනාධිපතිව සිටි සමයේ අත්සන් තැබුණු ගිවිසුමක් වන අතර එය සෑම වසර 5කට වරක් දීර්ඝ කරමින් මෙම ගිවිසුම අත්සන් කරනු ලබයි.

අග්‍රාමාත්‍ය මහින්ද රාජපක්ෂ මැතිතුමාගේ ප්‍රධානත්වයෙන්, මෙරට ඉන්දීය මහ කොමසාරිස් ගෝපාල් බාග්ලේ මහතාගේ සහභාගිත්වයෙන් මෙම  අවබෝධතා ගිවිසුමට අත්සන් තැබීම විජේරාම පිහිටි අග්‍රාමාත්‍ය නිල නිවසේදී පැවැත්විණි.

මෙම ගිවිසුමට අදාළව විශේෂ සංවර්ධන ව්‍යාපෘතිවල පිරිවැය රුපියල් මිලියන 300 ඉක්මවන අතර හදිසි පූර්ව රෝහල් සත්කාර ගිලන්රථ සේවය, නිවාස ව්‍යාපෘති, නව යාපනය සංස්කෘතික මධ්‍යස්ථානයේ කටයුතු ඒ ඔස්සේ ක්‍රියාත්මක වේ.

කුඩා සංවර්ධන ව්‍යාපෘති සඳහා උපරිම වශයෙන් රුපියල් මිලියන 300 ක් වැය කරන අතර නැවත පදිංචි කිරීම, නවාතැන්, ජීවනෝපාය, රැකියා, කාන්තා සවිබල ගැන්වීම වෘත්තීය පුහුණුව, අධ්‍යාපනය සහ පර්යේෂණ, සංස්කෘතික කටයුතු, ක්‍රීඩා, කාර්මික සංවර්ධනය, වෛද්‍ය මධ්‍යස්ථාන හා රෝහල්වල යටිතල පහසුකම් සංවර්ධනය සහ වෛද්‍ය උපකරණ සැපයීම ඒ යටතේ ක්‍රියාත්මකය.

දැනට ක්‍රියාත්මක මෙම ව්‍යාපෘති නව ගිවිසුම ප්‍රකාරව අඛණ්ඩව පවත්වාගෙන යාම සිදුවේ.

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මේ වැඩපිලිවෙලම ක්රියාත්මක වන්නේ උතුරුනැගෙනහිර ,උඩරට වතුකරය සහ දිවයිනේ දෙමල ජනතාව සදහා පමණක් ද?

රජයෙන් කෙරෙන ජනතා ඉල්ලීමක්

ආචාර්ය සුදත් ගුණසේකර

මහනුවර.

11.11.2020.

මෙය ඉතා හොද වැඩ පිලිවෙලක්. එහෙත් මෙවා ක්‍රියාත්මක වෙන්නේ දිවයිනේ කුමන ප්‍රදේශ වලද කියා  දැනගනීමට මේ රටේ ජනතාවට අයිතියක් ඇත. යාපනේ රෝහල පමණක් සදහන් කර තිමීම් අනුව මේ වැඩ පිළිවේ ආනතිය ගැන අපට සිතාගත හැක.ඒ  අනුව මගේ අදහසේ හැටියට  මේ සමස්ථ වැඩපිලිවෙලම ක්‍රියාත්මක වන්නේ උතුරුනැගෙනහිර ,උඩරට වතුකරය සහ දිවයිනේ දෙමල ජනතාව සදහා පමණක් බව උපකල්පනය කළහැක.

ඒ අනුව ඉන්දියාව මේ සල්ලි නිර්ලෝභීව වියදන් කරන්නේ මේ රට ක්‍රමානුකූලව ඉන්දියානුකරනය කිරීමේ කූඨ උපායේ තවත් එක් පියවරක් වශයෙන් බව අපට නිගමනය කිරීමට සිදුව ඇත.

එම නිසා අදාල ගිවිසුම අනුව මේ මුදල් වැයකරන ප්‍රදේශ සහ වියාපෘති පිළිබද පැහැදිළි කිරීමක් කරන මෙන් අපි රජයෙන් ඉල්ලා සිටිමු.

Courtesy NewsIn.Asia

The test kits give the result in 15 minutes

 The Sri Lankan State Minister of Pharmaceutical Production, Supply and Regulation, Professor Channa Jayasumana has said that on November 9, Sri Lanka received 100,000 Rapid Antigen Test kits as a donation from India for the early detection of the COVID-19 virus.

The donation has been made on a request by the Secretary of Health to the World Health Organization.

The State Minister said that a set of guidelines is being prepared for the use of the test kits, which were donated by India through the World Health Organization. The donation was made at the request from the Secretary of Health to the World Health Organization.

Approved by the World Health Organization, these kits can be used for immediate use in the event of an epidemic and can be used in epidemic areas. With the spread of the COVID-19 virus in the Colombo and Gampaha areas, these kits can be used to quickly identify those associated with an infected person as soon as an infection is reported, the State Minister told Dinamina yesterday.

While the sensitivity of rapid antigen tests is generally lower than RT-PCR , the test kits can help healthcare professionals identify a SARS-CoV-2 infection in people suspected to carry the virus with results typically ready in 15 minutes.

By Shamindra Ferdinando Courtesy The Island

‘We shouldn’t seek exclusive rights during a grave crisis’

SLPP (Sri Lanka Podujana Peramuna) National List MP Mohammed Muzammil yesterday strongly urged the government not to resume burial of Muslim corona victims under any circumstances, though a section of the Muslim community is demanding that Muslim covid-19 victims be allowed to be buried.

Muzammil, who represents the National Freedom Front (NFF), a constituent of the SLPP, said that the country was struggling to cope with the corona pandemic and no one should be allowed to play politics at a time of national health emergency.

The NFF has five elected MPs and one National List MP in the 145-member SLPP parliamentary group.

In a brief interview with The Island over the phone, the former JVP MP emphasised that whatever the religious dictates and sentiments, the Sri Lankan Muslim community should adhere to specific instructions issued by the government as regards the cremation of corona victims.

Pointing out that the ongoing corona second wave could lead to a an unprecedented catastrophe, Muzammil said the Muslim community had no option but to follow government guidelines. The national economy was already in tatters, as in many other countries, with all major revenue sources such as tourism, garment trade and foreign remittances badly affected, and, therefore any further deterioration of health situation could be disastrous, the MP said.

The government would have to take decisions for the benefit of all people, the MP said, adding that the burial of corona victims was against the health guidelines now in place. Commenting on other Muslim members of parliament pushing for the burial of Muslims dying of COVID-19, Muzammil said that they should be free to express their views. There is nothing wrong in them taking a stand on this sensitive issue,” the MP said, emphasizing the responsibility on the part of the government to do the right thing.

Muzammil said that he deeply regretted the issue caused by the demand for Muslim burial rights. Responding to another query, the MP pointed out that the Catholic community accepted the government dictates in that regard without causing unnecessary issues.

The MP warned of dire consequences if decision-makers allowed burials at the expense of, what he called the overall health of the country. Let me explain how burial of bodies could cause a catastrophe. Unlike Catholics, we do not cover a hole dug in the ground to receive the body with sand. Instead, we place some planks and then cover them with sand. This can pose quite a health hazard. Therefore burials shouldn’t be permitted under any circumstances,” Muzammil said.

The MP pointed out how the community could be affected if bodies were released to the families. There could be corona outbreaks all over the place, lawmaker Muzammil said, pointing out how the situation could go out of control.

Responding to another query, Muzammil said that he might earn the wrath of a section of the community for taking a stand contrary to that of their other members of parliament. The lawmaker said that he felt it was his duty to educate the Muslims of the need to follow the government guidelines and also strengthen the government initiatives to contain the rapidly spreading virus.

The MP urged that no one should play politics with the issue at the expense of the country. The country should be told in no uncertain terms that decisions were taken by the government, in consultation with the health authorities, and the military, and it would be the responsibility of all communities to follow specific instructions.

All communities, including the Muslims, should be prepared to give up traditions, and practices, until experts had finalized studies, he said.

We are still in control of the situation. But, we are certainly not in a position to take a chance. Decisions must be followed to the letter. I also believe Muslims have to be buried. I support that position. But the extraordinary situation on the ground makes my personal stand, on this matter, irrelevant,” MP Muzammil said.

Whatever the politicians say, the vast majority of Lankans realized that the country should follow what was best for all, the NFF representative said.

Muzammil warned that burial of COVID-19 victims could, overnight, cause the rapid deterioration of the situation. Urging the government to be firm on the matter, the MP said: Please don’t let a few illogical men jeopardize the health of all.”

Muslim burials were done in accordance with Arabian customs which the Sri Lankan Muslim community would have to give up or face the consequences. We shouldn’t be part of the problem,” the lawmaker said.

Lawmaker Muzammil said that though he wanted to oppose resumption of burials and generally dealt with the issue, he couldn’t get an opportunity to address the parliament when the Corona threat was debated on Oct 23. The government parliamentary group was allocated 162 minutes. There were 31 speakers, I wasn’t among them.”

Muzammil said that the Muslim community should speak in one voice on this matter.

Courtesy Adaderana

Sri Lanka’s coronavirus death toll has risen as two more deaths were confirmed by the Department of Government Information.

Both patients had been receiving treatment at the Mulleriyawa Hospital upon being diagnosed with COVID-19.

One of the deceased is a 54-year-old male from the Colombo 12 area. His cause of death is determined as COVID-19 along with a chronic illness in the lungs.

Another male, a 45-year-old resident of Meegoda, has also succumbed to the virus. Reportedly, he had died from COVID-19 related pneumonia and secondary bacterial infection.

Accordingly, the total number of deaths reported in the country due to the novel coronavirus is at 48.