The UNHRC resolution against Sri Lanka dated 01.10.2015 and bearing
No. 23/1 was brought by the USA. It is now public knowledge that Sri
Lanka is the only nation in the world which co-sponsored a resolution
against itself.
We had been under tremendous pressure for the last
three years to implement the resolution in full because of the
co-sponsorship. Sri Lanka had a golden opportunity to come out of this
death-trap when the US withdrew from the UNHRC calling it a politically
biased cesspool.
Sri Lanka should have withdrawn from the
resolution quoting the allegations levelled by the US. However, the
Government disappointed the nation by its failure to grab this
opportunity. In contrast, Tamil separatists displayed their unwavering
courage by sticking to their cause despite being deserted by the world
solitary superpower. When the US deserted them, they handed over the
leadership of the anti-Sri Lanka campaign to the UK which was not only a
former superpower but also the last colonial master of Sri Lanka.
Accordingly, the UK tabled on 22 March 2019, a new anti-Sri Lanka
resolution numbered as 40/23 at the UNHRC at its 40th session with the
sponsorship of Canada, Germany, Montenegro and North Macedonia.
New resolution
The
new resolution has revived the unfulfilled recommendations of the
resolution proposed by the US. Further, it brought Sri Lanka under the
supervision of the UNHRC for two years. Sri Lanka has been notified to
implement the recommendations contained in the report tabled at the 40th
session by the High Commissioner for Human Rights which has Reference
No.
A/HRC/40/23. Paragraph 68(C) of the High Commissioner’s report has
reiterated the importance of establishing Hybrid Courts to investigate
alleged war crimes. Sri Lanka agreed to investigate alleged war crimes
with the participation of foreigners as judges, prosecutors and
investigators. However, the Government failed to honour the undertaking
because strong protest emerged from the public. This obligation has
been revived by the new resolution.
Lack of progress
The
High Commissioner has drawn her attention to the lack of progress in
cases filed against former Army Commander, Jagath Jayasuriya in Brazil
and Colombia under universal jurisdiction. In Paragraph 72(C), she has
urged member States to prosecute Sri Lankan war heroes for war crimes in
their respective States.
Because of this request, Sri
Lankan war heroes are now in grave danger in any country outside Sri
Lanka, especially in countries which have admitted universal
jurisdiction. She has grossly violated our sovereignty by interfering
with internal affairs having criticised the appointment of Major General
Shavendra Silva as the Chief of Staff of the Army. He has not been
found guilty by any Court. The only ‘crime’ committed by him was saving
lives of millions by eradication of terrorism by risking his life.
The
High Commissioner has commented in her report about the Government’s
failure to identify and punish the persons responsible for the murder of
Lasantha Wickrematunga. Unresolved murders are not exclusive to Sri
Lanka. It is a situation that can be found in any country. Lasantha was
murdered in 2008.
However, President John F Kennedy was murdered
in 1963. The US has failed to identify the culprits of the Kennedy
assassination for the last 56 years despite its boasts of having the
most advanced technology in the world. The High Commissioner has never
mentioned about this failure of the US Government in any of her reports,
clearly demonstrating duplicity of the UNHRC.
Although the
High Commissioner has yelled at Sri Lanka for several isolated incidents
including the transfer of a Police Officer, she has decided to be
silent on the gravest violation of human rights, ie, postponement of
Elections. The Government had postponed Local Authority Elections for
three years. Provincial Council Elections are now overdue by 18 months.
When the Government does not hold Elections, over fifteen million people
lose their franchise and thereby their freedom of expression. Hence,
the High Commissioner should have paid the highest attention to Election
postponement. However, she had been cautious to avoid this important
issue displaying her political bias.
The Sri Lankan
Government is more responsible than the High Commissioner for the
UNHRC’s anti-Sri Lanka attitude. When Tamil separatists level baseless
allegations against Sri Lanka, the Government should have countered
those. Instead, the Government unconditionally admits to these
allegations. It may be pertinent to mention here the Government’s
reaction to Lord Naseby’s report on war crime allegations. Lord Naseby
is a prominent and respectable personality in the UK which has brought
the latest resolution against Sri Lanka.
After analysing war
crime allegations, he has produced a report concluding that a number of
causalities during the final phase of the war did not exceed 5,000 and
it is within the norm for such a number in this kind of war.
The
Sri Lankan Government should have used the Naseby Report to counter war
crime allegations and form world opinion favourable to Sri Lanka.
Unfortunately, the Government considered the report as an irritant to
its position. Hence, the Government did not bother to table this
valuable report before the UNHRC.
Rejected
The
Foreign Ministry rejected the charges against the Government in the
High Commissioner’s report, by issuing a Media release. Dr Sarath
Amunugama, a member of Sri Lankan delegation to the UNHRC heavily
criticised the report. Meanwhile, the Government has co-sponsored the
resolution which appreciates the report. If the Government does not
accept the report, how can it co-sponsor a resolution which appreciates
the report? The co-sponsorship has negated the Government’s criticism on
the contents of the report.
The nation should punish the
ruling party at the forthcoming election for repeating in 2019, the
blunder of co-sponsorship committed in 2015.
How the war-affected
Tamils are being used by extremely opportunist Western power bloc to
manipulate Governments for their geopolitical agenda
A big joke made rounds about Sri Lanka sending out two
opposing but official teams for the ongoing Fortieth UNHRC Session in
Geneva; one by President and another by PM.
A brief stroke of sanity changed this and Sri Lanka sent one team to
Geneva. What they would say about the UNHRC Report on Sri Lanka and the
new Resolution 40/1 this time led by Canada, Britain, Germany and a few
more countries isn’t clear, except that this Government is broadly in
line with it.
This whole hype about the International Community demanding
accountability and good governance from Sri Lanka since the conclusion
of the war in 2009 May, does not lead Sri Lanka to any sanity in
political life and in its Governing culture.
This International Community which is basically the Western Power Bloc
has never provided any space for accountable and decent governments
anytime anywhere in any part of the globe.
Financially controlled by this Western power bloc, the UN and its
agencies have never been able to peacefully settle any conflict in this
post WW II history while it lent covert support for change of
governments in the poor and developing world.
UN decisions are very much influenced by the US administration. That makes no difference in who sits in the Oval Office.
It was no different with George Bush Jnr. and with Barak Obama. It was
no different during the Cold War period and now after the end of the
Cold War from 1991.
Over the last 77 years since the first declaration in January 1942, or
from the formal establishment of the UN in 1945, this world body with
193 Member States by now, has been a colossal failure in spite of its
massive growth into a giant bureaucratic organisation in establishing
its mandate; Global Peace.
There are at present nine major armed conflicts amounting to over a
hundred deaths per year in each conflict from Afghanistan since 1979,
stretching to Northern Mali, Syria, Yemen, Sudan, Boko Haram, Nigeria,
Iraq and Somalia according to the Swedish Uppsala University’s Conflict
Data
Collection Programme.
These nine conflicts alone had led to the deaths of more than 98,200
civilians during 2018 only. Sadly, Uppsala have not included the
Israeli-Palestinian war that has had 131 Resolutions adopted by the UN
Security Council since its first Resolution in November 1947. The
Israeli-Palestine conflict has resulted in over 10,000 Palestinian and
around 200 Israeli children being killed by year 2012. Maimed, blinded
and seriously injured children not counted.
The UNHRC since its creation in 2006, had adopted more Resolutions
condemning Israel than all other Resolutions condemning other countries
put together.
The US administration despite who the President was and presently is,
gave Israel a free hand to continue with its savage expansionism
ignoring Palestinian deaths. UN General Assembly has adopted at least
nine Resolutions between December 1981 to December 1984 that said:
Strategic relationship with the United States encourages Israel to pursue aggressive and expansionist policies and practices.”
Beyond adopting Resolutions, the UN member States have not been able to
stop Israel from doing what they did. In re-enacting Hitler on a Zionist
platform in the same savage Hitlerite form. Difference being the entire
Gaza Strip and the West Bank being turned into one massive, open
concentration camp, unlike that of Hitler’s
closed ones.
“International Community basically Western Power Bloc never provided any space for decent governments anytime anywhere”
“Gotabhaya believed his war without witnesses could establish there were no crimes committed”
“UN decisions are very much influenced by the US administration”
What can we expect from this UN and its UNHRC? Does it have credible
authority to dictate terms to sovereign countries, when it does not show
that same authority when dealing with Israel and the US? Invasion of
Iraq shows how the US with British collaboration had the UN complicit in
invading Iraq to destroy Weapons of Mass Destruction (WMD). While it
was later exposed the UN Security Council was provided with fake
evidence and there were no WMD, the UN did not even want to accept the
blunder they made causing massive damage and destruction to the Iraqi
people.
Did not even censure the USA and Britain for consciously misinforming
the whole world to invade Iraq for their own geopolitical needs. NATO
strikes on Libya followed Iraq. Funding and arming Libyan rebels led to
total anarchy on Libyan soil. In Afghanistan, the US created and funded
the Taliban.
Afghanistan is still bleeding and Obama as President was directly responsible for drone attacks on
Afghan civilians.
Their geopolitical decisions ignore the UN completely and UN member
States don’t think they have a right to condemn and censure the big
powers openly violating international law.
It was on geopolitical needs that the USA kept pressure on the Rajapaksa regime too.
The China factor with Rajapaksa was all that they focussed on. They thus
used actual post war issues to develop a strong campaign against
Rajapaksa. Their advantage was in Rajapaksa ignoring the necessity to
address post war issues democratically.
President Rajapaksa’s Sinhala Buddhist politics given crude practical
interpretations by his brother Gotabhaya as Defence Ministry Secretary
vowed it was a zero casualty war.
Gotabhaya believed his war without witnesses could establish there were no crimes committed.
Sadly for them, this modern world had more than enough evidence
collected through mobile phones and satellite images backed by survivors
of the war. They provided more than a justifiable reason for Human
Rights campaigns against Rajapaksa using the UNHRC and the heavily
funded Colombo based human rights campaigners. Consistent campaigning
for over 04 years, this international community led by the US was able
to dislodge Rajapaksa from power in 2015 January.
Have the US and its allies who moved the Resolution 30/1 in 2014 March
for the third consecutive time, achieved anything significant under this
government led by PM Wickramasinghe? Untold but plainly evident fact
is, the US and its Western allies in fact do not intend going any
further with war crimes investigations and accountability issues, now
that Rajapaksa had been dislodged from power.
Four years gone for now under this government, there are only piecemeal
legal provisions adopted every time UNHRC Sessions come around and this
government is given more time. The war-affected in North and East reject
these cosmetic answers. In war devastated Vanni people are on their
own, demanding permanent and justifiable answers for their grievances
overlooked by both Rajapaksa and Wickramasinghe governments for over
nine years and 10 months for now.
UNHRC Resolution 40/1 would provide this government another year till elections are concluded, expecting the UNP to return.
The war-affected Tamil people are being used by this extremely
opportunist Western power bloc to manipulate Governments on their own
geopolitical agenda.
This UNP government as the previous UPFA government nor the next
government that would be voted in at the next election, will not
implement Resolution 40/1.
Both major parties and their small allies are racially biased and
corrupt. They lack the political will and the vision of the New Zealand
Prime Minister Ms Jacinda Ardern who after the attacks on 02 Muslim
mosques in Christchurch on Friday 15 March, took responsibility for the
safety and security of all Muslim people in her country as equals and as
New Zealand citizens who have the right to live and practise their
religion without hindrance. She as PM rallied New Zealanders in support
of the Muslim community.
“This International Community
which is basically the Western Power Bloc has never provided any space
for accountable and decent governments anytime anywhere in any part of
the globe “
Politics in Sri Lanka is not that of Jacinda Ardern. Yet we have Human
Rights written into the Constitution, we are signatory to most
international conventions and charters that guarantee labour, women and
child rights, we stand for ethnic and religious equality and freedom, we
have laws for environmental safety.
We say yes for everything just, fair and democratic. But respect and
honour none. Living with Sinhala Buddhist majority dominance, we don’t
believe we want them. Sinhala Buddhist dominance is what PM
Wickramasinghe cajoles, when he says it’s he who saved Sri Lanka from
direct international probing on war crimes, by refusing to sign the Rome
Statute.
That is precisely what the US stands for. Having rejected the Rome
Statute, President Trump refuses to allow any investigations into US
military interventions in Afghanistan or elsewhere by the International
Criminal Court (ICC). His Secretary of State Mike Pompeo told media last
Friday, The ICC is attacking America’s rule of law.” This was what
Rajapaksa said, President Sirisena is saying and the Wickramasinghe
government is accepting, with international war crimes investigations
rejected. In Sri Lanka it is said in Sinhala to the Sinhala Buddhists
whereas the US says it to the whole world in English with arrogance and
no shame.
Secretary Pompeo told media:-
I’m announcing a policy of US visa restrictions on those individuals
directly responsible for any ICC investigation of US personnel” adding
the US would not hesitate to impose economic sanctions if the ICC does
not change its decision.
It is also extremely important to note the impunity Israel is provided
under US patronage. These visa restrictions may also be used to deter
ICC efforts to pursue allied personnel, including Israelis, without
allies’ consent,” the Secretary told media.
Now, what does all these mean to Sri Lanka and to the democratic world?
There is no necessity to answer those who brutally violate all laws but
demand Sri Lanka respect the law. But that does not allow Sri Lanka to
go without answers to war-related issues.
We have a moral and a political responsibility to provide justifiable
answers to all issues effecting the North and East and they cannot be
outsourced. That no doubt needs a decent, respectable leadership much
different to Trump and most other international community leaders.
They’ve proved they are not the right individuals to follow.
Comments – 2
Lord Wolfstein Friday, 22 March 2019 06:12 PM
Part 1
There is a very big difference between the war crimes committed by some
Western powers and the war crimes committed by the Sri Lanka Forces.
While the Western powers committed war crimes in foreign countries, the
Sri Lanka forces have committed war crimes against civilians in their
own country. One is just as reprehensible as the other.
Sri Lanka is probably more comparable to Cambodia or Yugoslavia in this
regard.
Similarly, the crimes Nazi Germany committed to its own people,
especially the minorities.
In Sri Lanka, ethnic minorities have to live with daily encounters with
their tormentors, who run around freely without being held accountable.
This malady has already lasted for 10 years.
Although Sri Lanka has promised its minorities and the UN to try its war
criminals, nothing has happened yet. The reason for this is, that the
big parties do not want to scare their Sinhalese Buddhist electorate,
which is the majority of the country.
End Part 1
Lord Wolfstein Friday, 22 March 2019 06:17 PM
Part 2
Many of this majority see themselves as superior to the Tamils, which is
historically proven to be the opposite.
It is time for the majority to change its attitude. A democracy is only
as good as it treats its minorities.
These minorities currently have only the opportunity to turn to foreign
powers for righteousness. Thus, it would be best for the country to
establish war crimes tribunals in Sri Lanka with unprejudiced and
experienced foreign judges. Local judges, and however honourable they
are, are always suspected of being biased and continue to be in danger
of being murdered by accused war criminals or their supporters. All of
this should give you food for thought. The national pride and the
throbbing on the sovereignty of the country must be put back. There will
be no reconciliation and peace in this country unless the last war
criminals and those responsible in the highest offices have been
punished.
End
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Even though the UNP opened up the economy in 1977 and eschewed the
protectionist, closed economic model followed by the preceding Sirima
Bandaranaike government, the UNP at least when it was under
J.R.Jayewardene, never took leave of their senses. Despite their stated
ideology of an open economy, when common sense or a lack of
alternatives required it, the old UNP was not averse to adopt policies
that looked SLFPish. For example, when the Pelwatte Sugar Co was
started in the 1980s, sugar was produced in a factory with foreign
collaboration from sugarcane grown in the Moneragala district, and the
duties on imported sugar were increased slightly so as to make the sugar
from Pelwatte competitive on the local market. After a few years, if
this writer recalls correctly, it was not necessary to maintain the
import duty because Pelwatte sugar could be sold at the world market
price.
Even if Pelwatte sugar would always need to be
protected with a tariff on imported sugar, it still made sense to
continue with it. The reason why the UNP government of the time started
that sugar factory was because there was no other means for the people
of Moneragala to make a proper living. Ranjan Wijeratine was one of
the principal backers of the Pelwatte project. Since paddy cultivation
could not be carried out in the Moneragala district, sugar was deemed
to be the ideal cash crop for the people living there. Pelwatte sugar
which was started in the 1980s is an example of how people like
J.R.Jayewardene and Ranjan Wijeratne were able to put commonsense
before ideology for the benefit of the people and the country.
Of
course, as one can imagine, that was an era when capitalist enterprise
was considered to be evil and there were voices raised from the
opposition alleging that the people were being made to consume imported
sugar at a higher price so that a ‘capitalist enterprise’ could make
money. But that is not how people will look at that endeavour now.
Today, the prevailing attitude is that if it is a local enterprise or
at least a largely local enterprise, using local inputs, that is ipso
facto a good thing irrespective of whether the operation is owned by
the government or the private sector. It is now respectable to be a
local capitalist. Foreign ownership however is another matter
altogether. The greater the extent of foreign involvement, the less
attractive the entity becomes. People are questioning the wisdom behind
the sale of a part of the Ceylon Petroleum Corporation fuel
distribution network to the Indian Oil Company. That transaction has
enabled the Indians to import fuel, sell it in Sri Lanka and repatriate
their profits. There is no technology transfer or anything that Sri
Lanka gets out of it and the suspicion is that that sale was motivated
only by the need for someone to make a killing on bribes.
The
slogan ‘ganna ape de’ now has traction among the people. That slogan in
fact is gaining traction even in countries like the USA which was once
an ardent advocate of free trade. The ideology of free trade taken to
its logical conclusion would mean that if a country cannot produce
something at less than the world market price of that item, then it
made sense to import it. That kind of an approach is however not
conducive to ensuring livelihoods for all people in an economy. The
only arrangement that makes sense is a mix of free trade with the
promotion and protection of certain industries which are of importance
to the economy, for the food security of the nation and for the
livelihoods of the people.
The question that arises is
whether the present procurement guidelines of the government and the
attitudes of the people entrusted with implementing it, reflect this
commonsense approach. We see from the current controversy surrounding
the award of the tender to construct a 300 MW heavy fuel oil/liquid
natural gas power plant in Kerawalapitiya, that Sri Lanka’s Procurement
Appeal’s Board places local, largely government owned companies on an
equal footing with largely foreign owned entities. That approach will
be necessary if the said project is funded by a multilateral donor like
the ADB or the World Bank because those institutions being
multilateral lending organizations require open international bidding
for their projects.
However when funding for a project is
obtained through the export financing arrangements of certain
countries, the recipient is required to select a bidder from among a
few nominated by the lender. When a country does not obtain
multilateral or bilateral funding for a project, but invites tenders for
important infrastructure projects on a build, operate, own and
transfer basis, that constitutes a business opportunity in Sri Lanka.
Since there is an ‘own and operate’ component in it in addition to the
building and transferring, one would think that largely locally owned
entities should be given priority in awarding such tenders so that the
profits do not flow out of Sri Lanka or that such outflow would be
minimized. What has happened with regard to the Kerawalapitiya LNG
power project is that a largely local and largely government owned
company has been sidelined in favour of a mainly foreign consortium
with junior local partners. At least it is clear that when it comes to
the rival bidder, the technical and engineering expertise available
will be whatever the foreign partner brings in.
LNG power plant tender
Proposals
for a 300 MW heavy fuel oil/liquid natural gas fired power plant at
Kerawalapitiya were called through public advertisement on 16 November
2016 by the CEB on build, operate, own and transfer basis. Eight
proposals were received and the bids were opened on 21 April 2017. The
Technical Evaluation Committee (TEC) had rejected two bids out of eight
on the ground that they have not met the minimum functional
specifications, and has recommended six bids for financial evaluation
including five bids that had not included some of the necessary
equipment. That was subject to the condition that the five bidders
concerned would provide the required installations without any
additional cost to the CEB.
The Standing Cabinet Appointed
Procurement Committee (SCAPC) had rejected the conditional
recommendation of TEC and has directed the TEC to open the financial
proposal of the only bid which was commercially and technically
responsive. However, when TEC opened this bid, it was found that there
is no hard copy of the signed financial bid. Only a soft copy had been
submitted. The bid had then been rejected. Thereafter, the Ministry of
Power and Renewable Energy had proposed to the Cabinet to give all
eight bidders equal opportunity to correct the errors and resubmit
technical and financial proposals. The Cabinet on 29 August 2017 had
directed SCAPC to follow the TEC recommendation and open the five bids
recommended by the TEC.
Pursuant to that evaluation, on 04
April 2018, SCAPC had decided to accept the proposal of Lakdhanavi Ltd.
which was the lowest bid received, as recommended by TEC. An
unsuccessful bidder M/s. Consortium of GCL, WindForce & RenewGen
appealed to the Procurement Appeals Board (PAB) against the award of
the tender to Lakdhanavi Ltd, citing among others the following issues: *
Conflict of interest between the project entity CEB and Lakdhanavi
Ltd. * Reliance of Lakdhanavi on government concessions * Financial
viability of Lakdhanavi bid * Loss to the CEB an effective major
shareholder of Lakdlianavi * Return on investment based on figures
quoted by Lakdhanavi. *Additional equity investment by Lakdhanavi
shareholders
It will be noticed that the last four matters
raised with the Procurements Appeal Board by the appellant M/s.
Consortium of GCL, WindForce & RenewGen appear to be designed to
protect the CEB and Lakdhanavi from themselves. A rival bidder was
arguing that if the tender was awarded to Lakdhanavi, its shareholders
(mainly the government) would have to invest additional equity to see
the project through and that its owning entity (the CEB) would suffer
losses as the return on investment was not sufficient. The PAB upheld
the argument of a conflict of interest between the CEB and Lakdhanavi
Ltd on the following grounds.
= Lakdhanavi Ltd is a
‘subsidiary’ of the CEB and the latter includes the former even in
its consolidated accounts, the connection between the two entities
being that the CEB has 63% controlling shares of Lanka Transformers
Limited Holdings (Pvt.) Ltd and LTL in turn holds 81.6% shares of
Lakdhanavi.
= The Chairman and General Manager of the CEB
are Ex-Officio Directors of Lanka Transformers Limited and CEB holds
the right to appoint another 03 members to the 08 member board. Three
Directors of LTL (not the CEB representatives) represent the Director
Board of Lakdhanavi.
= The Technical Evaluation Committee
consists of 13 members and nine of them are CEB officers. Out of the
five members of SCAPC, one officer is from the CEB.
= Due
to this conflict of interest, donor agencies such as WB, ADB and JICA
do not allow Lakdhanavi to participate in CEB tenders.
= During
the pre-bid meeting several international bidders had complained that
the bid is tailor made for Lakdanavi Ltd as the procurement entity is
their parent company.
One would think that the very
fact that the CEB has a subsidiary which is quite capable of carrying
out this project should have clinched the deal for Lakdhanavi without
having to compete with other companies. It is quite clear that
Lakdhanavi has the technical expertise and the engineering know how to
do the project on their own whereas the other bidders would be
dependent on their foreign partners to do the actual construction and
maintenance of the power plant. Since the CEB owns the majority shares
in Lakdhanavi, why would it have been wrong to simply award the
project to Lakdhanavi as an internal arrangement? This is a prime
example of the ideology of free trade taking precedence over
commonsense. We saw the same thing happening with regard to the sale of
government securities. When the Rajapaksa government was in power, the
principal way for bonds to be sold was through direct placements with
primary dealers at an agreed interest rate.
To the new
rulers who came into power in January 2015, such an arrangement smacked
of a ‘command economy’ and they made auctions the main way in which
bonds were sold. The result of that was the great bond scam and a
doubling of the interest rate which in turn has had a knock on effect
throughout the economy and has contributed in no small measure to the
slowdown of the economy. What that showed was that one cannot run a
country without having the commonsense to dispense with ideology when
the necessity to do so arises.
The Procurements Appeal Board
based on the representations of the appellant, made further
observations on the Kerawalapitiya LNG power plant tender which were
designed to protect the CEB and Lakdhanavi from themselves as follows:
The recommended bidder Lakdhanavi has submitted the lowest financial
bid of US $ 175 Million for the construction of the power plant with
the lowest tariff of Rs. 14.98 per kilo watt hour. A project of this
nature cannot be completed with US $ 175mn. The bid prices of all
other bidders are around US $ 300 million. On an earlier occasion,
Lakdhanavi had put in a bid price for the 300 MW heavy fuel oil
combined cycle power plant in Kerawalapitiya at US $ 225 million but
had spent US 310 million to complete the project.
The TEC
had stated in a report that Lakdhanavi has informed their bank that the
total project cost is US $ 330mn including the cost of machinery from
Germany estimated at US $ 190mn. However they have submitted a bid for
US $ 175mn. The bid price is based on the assumption that they are
entitled to VAT, NBT and PAL exemptions for machinery. SCAPC has
inquired from TEC, the practicability of building the power plant at
the capital cost of US $ 175 million. The TEC referring to power plant
cost in the Asian region including China and stated it varies from US $
155mn to US $ 292mn. and therefore the quoted price of US $ 175mn can
be considered practical. The PAB had stated that it is most surprising
to note that TEC had not taken into account the USD 330 million cost of
the previous power plant constructed by Lakdhanavi in Kerawalapitiya
in deciding whether a 300 MW thermal power plant could be built for USD
175 million.
Furthermore, the PAB observed that the
Lakdhanavi tariff has been computed without VAT, NBT and Ports and
Airports Levy assuming exemption from such taxes. The other bidders
have included these taxes in their estimates. SCAPC/TEC has requested
clarification from Lakdhanavi regarding their willingness to bear the
cost of VAT, NBT and PAL on import of plant and machinery during the
construction period without changing the tariff offered in their
financial proposal. The PAB observed that the mere act of making that
inquiry amounts to unfair tender practice in favour of Lakdhanavi.
The
PAB had accepted the argument of the appellant about the inadequacy of
the equity rate of return per annum of around 7% that can be expected
on the figures quoted by Lakdhanavi. With other additional costs such
as cost of VAT, NBT and PAL on imports at implementation, if there is
no increase in the tariff, the return may be around 5%. With such rate
of return on investment that the PAB observed that the banks would not
be willing to lend money to Lakdhanavi for the project. The mere fact
that the PAB made an issue of the tax that had to be paid in relation
to an entity that belongs largely to the very government imposing such
taxes shows how far we have deviated from commonsense. That is a matter
that should have been decided between the CEB which owns Lakdhanavi and
the Treasury.
The PAB concluded that without considering
any of these issues in the financial proposal, TEC has given full score
of 25 points to Lakdhanavi bid, which cannot justified. The SCAP and
TEC had asked Lakdhanavi to give confirmation that they will bear the
cost of VAT and NBT. Lakdhanavi had given the undertaking that if they
are deprived of a VAT, NBT and PAL exemption for importation of
machinery and equipment, they will consider such payments as an extra
cost and absorb it. The Technical Evaluation Committee had recommended,
awarding the tender to Lakdhanavi on the strength of this undertaking.
The PAB further noted that Lakdanavi Ltd was not sure of the funding
sources of their project even by the time they came for the appeal
hearing. Representative of Lakdanavi Ltd had stated that they are
negotiating with the National Development Bank to obtain funds.
When
further details on the loan were requested by the PAB, representatives
of Lakdanavi had stated that once they receive the letter of Intent
they will discuss further details about the project financing. That is
not surprising because given the profile of Lakdhanavi they would have
had the confidence of being able to raise that money from the local
banking system. Lakdhanavi Ltd and its parent company Lanka
Transformers Ltd which are both entities in which the government has a
majority stake, claim some impressive achievements.
Lakdhanavi as a CEB subsidiary
Lakdhanavi
Ltd was set up in 1996 to get into the thermal power generation
business as a subsidiary of Lanka Transformers Ltd (LTL). The Ceylon
Electricity Board CEB has 63% of the shares in Lanka Transformers Ltd
and LTL in turn owns 81.6% shares of Lakdhanavi. Having started with a
25MW power plant, Lakdhanavi set up Heladhanavi Ltd a 100 MW Power
Plant as a joint venture with Hemas PLC. It also built the 300MW,
Combined Cycle Power plant in Kerawalapitiya. Lakdhanavi has
constructed a thermal power plant in the Maldives in 2016 and have
three thermal projects totaling 215 MW in Bangaladesh.
The
parent company of Lakdhanavi, Lanka Transformers Ltd (LTL) was started
as a Joint Venture with 70% holding by CEB and 30% by Bonar Long a
Scottish company in 1980 to manufacture transformers for the use of the
CEB. The factory was located in Moratuwa with a capacity to produce
700 transformers. Since then there have been no imports of transformers
to Sri Lanka. LTL has supplied more than 40,000 transformers to the
CEB. From 2003, LTL has been exporting transformers and now exports
more transformers than it sells within Sri Lanka. The Moratuwa factory
now produces more than 4,000 transformers annually.
In 2015
LTL had acquired a Indian Switchgear Company in India which
manufactures components required by power utilities. In 1991, LTL set up
a galvanizing facility to protect steel structures such as
transmission towers used by the CEB from corrosion. It now does
galvanizing for the construction industry as well. In 1996, LTL set up a
modern steel fabrication facility in Bandaragama. In addition to this,
they have ventured into mini hydropower stations, wind power
facilities, and also got into hydro power projects in Nepal. LTL also
constructs transmission lines and substations and has a specialized
subsidiary called Ceylex Engineering which now does projects in
Tanzania, Kenya and Ethiopia as well. Celyex is involved in constructing
five power plants totaling 600MW capacity in Bangladesh as a
contractor.
The diversification of LTL has been such that
in 2017, LTL had only 16% of its revenue from the CEB and the rest
would come from overseas or from the private sector in Sri Lanka or
other government entities that use the services of LTL and its many
offshoots. One would think that any company that gets more than 80% of
its revenue from exports and services offered to the private sector can
be trusted to know what it can and cannot finance. One of the reasons
why the PAB did not award the tender to Lakdhanavi is because they were
not sure whether the bank is aware that the bidder has to bear an
additional Rs. 3 Billion for payment of VAT, NBT and PAL and an
additional Rs. one billion for the LNG compressor which are not
included in the tariff.
The PAB observed that a clear
financing plan is necessary because there is no time for bidders to
look for funding after getting the Letter of Intent as that will delay
the construction. That sounds hollow in a country where power projects
have been delayed for years and decades for an umpteen number of
reasons. How many years did it take for any government to screw up
enough courage to build the Norochcholai and Upper Kotmale power
projects? Why is the proposed Sampur power plant still in abeyance? In
such circimstances, what difference will the passage of a few weeks or
months make while Lakdhanavi finds a suitable funder from among the
local banking community? If a company has done consistently well and
has a large export market, local banks will be falling over one another
to give money to such a company.
The PAB held that the
TEC’s behavior is biased or irresponsible because it gave full marks
for the Lakdhanavi financing plan despite the shortcomings of their
financial proposal and that TEC has not paid due diligence to the
financial viability of the project. They therefore recommended that the
award to Lakdhanavi be reversed and the tender awarded to GCL Windforce
& RenewGen at the tariff of Rs. 15.97 per kilowatt hour. The
question that arises in all this is, if the CEB has a subsidiary that
has already carried out a very similar project locally and is doing
thermal power plants overseas, why was this project not handed over to
them as an internal arrangement?
Sri Lanka
Podujana Peramuna (SLPP) has caused the severest damage to Sri Lanka Freedom
Party (SLFP), says SLFP General Secretary MP Dayasiri Jayasekara.
He stated this
addressing a public meeting held in Kegalle.
The SLPP has
destroyed the SLFP while it has also helped the victory and the revival of the
party, the parliamentarian stated”. (News Item)
A day dreaming politician for whom the hat is too bi?
Sudath Gunasekara 3.22.2019.
Having read the
above news item I thought it pertinent to make few comments on what he has said
so that this young man will at least exercise some restraint for his own safety
and more so for the benefit of the country at large, without putting the
country to another political mess by driving Sri Lankan voters in to another
political Bermuda Triangle”.
My Comments
I think the new General Secretary’s ‘Hat’ of a
dead political party appears to be too big for him or he should be out of his
normal senses to make such a sweeping public statement. The whole world knows who
destroyed the SLFP. It is pity and a tragedy too the New G S doesn’t know that.
For his information and record purposes, I should say it was Chandrika and Sirisena,
the present President, who jointly did it in Nov 2014 when MS left the Party at
the instigation of Chandrika to contest the presidential election as the UNP
common candidate. In order to
consolidate his position then he took over the presidency of the SLFP more or
less by force. Immediately after he sacked the two General Secretaries of the
Joint opposition and SLFP and appointed his own men, Duminda Dissanayaka and
Samaraweera to strengthen his hands. Then he refused nomination for MR from
SLFP which made MR to contest on the SLPP ticket. MS then launched his
vituperative and aggressive campaign against MR culminating his famous open
declaration that MR will not be appointed as the PM even if he gets a majority.
In addition to addressing the press he even wrote to the Press on his stand. Don’t this clearly shows that Chandrika and
Sirisena together had already murdered and buried the old SLFP for good. SLPP
today is the People’s only living party. Thanks to RW UNP is also dead.
Although MR
contested as the SLPP candidate under Pohottuwa in 2015, the whole country knew
that he was the Leader representing the SLFP vote base all over the country. Therefore
people were determined to vote for MR to mend the damages done in Dec 2014.. Then
his prorogation of Parliament also stopped the Dew Gunasekara COOP Report being
presented to Parliament. Sirisena’s verbal war against MR at the hike of
elections dramatically changed the heart of marginal SLFPers at the last
moment. With all that the result was a nominal majority of 9 seats in
Parliament for UNP at the 2015 General elections. That is how the TNA was able
to form a UNP+Sirisena Government in August 2015. Had MS acted wisely and
democratically it is a foregone conclusion that MR’s Camp would have won at
least 120 seats. That would have stopped the UNP+TNA+JVP forming a government
and all the disasters like second Bank robbery in 2016 could have been definitely
averted had MR been elected as MS could have still continued as the President?
What is more is the country also could have avoided the second Bank robbery
that brought more disaster to this country.
Feb 2016 Local
Government results put MS’s SLFP Camp to the dustbin of history. Therefore one
can easily conclude that today there is no SLFP as the MS camp has gone from
bad to worse calling MS, NATO Sirisena instead of calling Maitripala Sirisena (NO
Action Talks Only). I am pretty sure that Dayasiri too should be aware of this
background unless he suffers from chronic oblivion.
Conversely who
knows whether he is carrying out a dirty contact of his original Boss RW to
prompt MS to contest the elections, hoping to split the SLFP vote base and
defeat MR. It could be even an American CIA ploy or even a joint conspiracy by
USA, India and the entire Western Block to kill two birds with one stone, both
MR and MS. Why MS replaced a University Professor suddenly with a shaky
character like Dayasiri as the Gen Sec of the SLFP is also a moot question. For
people like Gammanpila and Wimal Weerawansa this is food for thought.
Also an original
UNP man betraying UNP and joining MR first and MS thereafter, looking for short
cuts to power may not be able to understand the truth or the reality when he
runs power blind. The whole country knows that MS can’t win the next Presidential
election even by default. I can assure none of his SLFP nominees will win a single
seat at the next election. Because people are waiting to teach them a good
lesson, first, for joining the UNP led government and betraying the voters who
voted them in as SLFP candidates in August 2015 and also for betraying their party.
Nevertheless definitely there will be a split in the SLFP block vote that will
obviously favour the UNP. That few, even
if it happens to be one vote are going to be extremely critical.
This is what
exactly MS being an old SLFP stalwart has to seriously think about immediately.
I hope someone who loves this country will take this divine message to him. If
he fails to realize this catastrophe he will go down in history as man who
completely destroyed the Sri Lanka Freedom Party founded by that Great man
S.W.R.D Bandaranaike in 195.
If MS get
deceived by the dead ropes given by those around him at the moment for personal
to camouflage and overestimate his chances and makes the wrong decision it will
definitely lead to another UNP Government supported by the TNA and Muslim
opportunist politicians that will ruin the country beyond all redemptions,
although there is very little left for them to ruin. That will be the death
knell of this country and also the end of Sri Lanka, the Sinhala nation and the
Buddha SASANA in this country. Under that situation Dayasiri will have two
options. That is either going back to UNP to join the old pack that he himself
once called traitors, or commit political suicide as the name MS will be never
heard thereafter.
If Dayasiri
thinks he can be happy with that outcome he may go ahead with this clandestine anti-MR
propaganda programme. If not he should persuade his poor boss MS to drop his day dream ambition of becoming
President for a second time and work to unify all SLFP forces against the UNP
to save this country, the Sinhala Nation and the BUDDHA SASANA. Then only he
can become a Minister in the next Government. Otherwise he will end up in eternal
political wilderness as there want be a country left for him to do politics.
His
name was Rizwan Asad, age 28. He worked at a private school in Awantipora area
of the Pulwama district, south Kashmir. The National Investigative Agency of
India arrested this young teacher in the second week of March during a
so-called crackdown on socio-political and religious organizations. According
to media reports, Rizwan was kept at the dreaded anti-insurgency Special
Operations Group head-quarter, commonly known as Cargo Camp, in Srinagar. He
could not bear brutal violence there and died during the intervening night of
18th and 19th March. Commenting on the brutality
committed in the name of investigation and inquiry, a top Kashmiri human rights’
activist Khurram Parvez said talking to media, There have been several
thousand custodial killings and custodial disappearances by Indian forces in
Kashmir. None of them has received any justice; it is because of the complete
lack of accountability and total lawlessness.”
The
residents of Indian Held Kashmir have no trust and no confidence in the
investigation agencies and even in the courts. The recent court-verdict in the
Samjhauta Express burning case has added a lot of disbelief and suspicions to
the self-claimed impartiality of the judicial system in India. According to
media reports, a few days back, an Indian court after hearing the case for more
than ten years, acquitted four people, including prime accused Swami Aseemanand,
in the Samjhauta Express burning case. The court said it could not find any
solid proof against the accused ones. It was February 18, 2007 when a train
named Samjhauta Express was burnt to ashes along with it passengers when it was
on its way to Lahore from New Delhi. More than 70 passengers were killed in
that brutality; most of them were Pakistanis, most of them the Muslims. In
short, the investigation agencies of India, the courts and above all the
government authorities, all have lost people’s trust and confidence.
Zulqarnain
is Rizwan Asad’s brother. He has also expressed his distrust in the concerning
authorities regarding investigation of his brother’s murder. He said talking to
the media-men, My brother has been killed in police custody in cold blood. We
want an investigation of it but we know nothing is going to happen. We’ve all
seen investigations for the last 20 years.” The Al-Jazeera says, Rizwan’s
death adds to the more than 70,000 killings, more than 8,000 enforced
disappearances, as well as thousands of torture and sexual violence cases in
Indian-administered Kashmir over the past three decades.”
No
doubt Custodial killings are a very horrible element making the lives of the
helpless Kashmiris more painful and more agonizing. A report published in Greater Kashmir says, ‘There
is no record of custodial deaths for 1947-1975.The custodial killings became a
routine in 90s. According to human rights defenders around 12000 custodial
killings have been reported during the past twenty-six years.’ According to a
data-report prepared by Research Section of Kashmir Media Service, Indian
troops in their unabated acts of state terrorism martyred 95,265 innocent
Kashmiris during the past 29 years. Of those martyred, 7,120 were killed by the
troops in custody. As many as 145,504 people were arrested by Indian forces
during the period. The troops destroyed 109,201 residential houses and other
structures. The Indian forces’ personnel molested and gang raped 11,111 women
during the period. The situation of atrocities particularly of custodial
killings was the same even in 1995. Amnesty International said in a report
published twenty-four years back, In the period 1990-1994 more than 715
detainees died in the custody of Indian security forces in the state of Jammu
and Kashmir. They were tortured to death or shot outright. In areas where
government forces are engaged in counter-insurgency operations against armed
groups fighting for independence or for the state to join Pakistan, the entire
civilian population is at risk of arbitrary detention, torture, even death.”
The report further said,” Most of the victims are young men, detained during
crackdown-operations to identify armed militants. Almost all those detained are
tortured: many do not survive; others are left disabled or mutilated. Scores of
women in Jammu and Kashmir claim to have been raped by security forces.”
Now after twenty four years, today in 2019,
the situation regarding human rights violations in Indian Held Kashmir is still
the same. Custodial killing of Rizwan Asad is the most recent and most horrible
example in this context. The ‘Kashmirwala’ said in an analysis recently published
on 21st March, After the custodial killing of Awantipora based
school principal, Rizwan Asad, his friend, Shahid Manzoor has picked up arms
and joined armed-group Hizbul Mujaheddin, fearing physical and mental torture
by government forces, as he states, ‘Today, it was Rizwan, tomorrow it could be
me.’ This all is very much frightening and alarming too.
Since it’s inception over three decades ago USLA has fervently
furthered it’s main founding objective
viz. doing what it takes to support Sri Lanka in preserving it’s independent
and unitary status. Through USLA’s
existence , the main threat to this came from the violent terrorism of
the Tamil Tigers and the devious and vicious misinformation from them. With the
complete annihilation of the Tigers as a fighting force in Sri Lanka in May
2009, USLA continued it’s role in the countering Tiger misinformation that now
took an even more devious form.
This was initiated within days of their been vanquished in the fields
and lagoons of Nandikadal by an internationally orchestrated allegation that
this victory was achieved through HR violations claiming a civilian casualty rate of over 40,000 in
the last few weeks of the war, a number far in excess of what could be
explained on the basis of collateral damage and suggesting targeted shooting of
Tamil civilians. They found powerful allies in furthering these in the UNSG appointed Darusman commission who
concurred with this allegation having
heard from the Tigers only and not Sri Lanka, and UK Channel four who produced
the film Sri Lanka Killing Fields” ,based on film strips, unauthored,
undated, & from unknown sites showing acts of brutality, blaming it all on
the Sri Lanka forces through a very effective commentary from producer Jon
Snow. These allegations were orchestrated internationally and nationally with
Joseph Gobellian zeal , that propounded that any lie, repeated frequently
enough would eventually be believed.
It was my role as your spokesperson, in the past decade to counter these
allegation at every opportunity with the media, politicians and even included
the screening of the counter film lies Agreed Upon” in the NZ parliament.
More Importantly, I mustered the evidence supporting the impossibility
of these allegations being true, including the fact that there were no where
near that number of bodies identified post war, nor were there any where near
the 120,000 injured as would be expected based on the internationally
established injured to casualty ratio in war. Additionally, the initial estimate
of the UN resident representatives suggested
a figure of seven thousand which tallied with figure of a census carried
out for the dept of census in 2012 by Resident Tamil Teachers of the region. Even more strong counter evidence came from
WIKILEAKS leaked documents from the defence attaches of both the the UK and Us
embassies in SL who confirmed that the SL forces were exercising every care to
safeguard Civilians without which the war might have been over much earlier
with significantly less casualties for the SL forces.
With the change of govt in SL in Jan 2015, the field changed
significantly with the new govt almost carrying the torch for the tigers , co
sponsoring the infamous resolution asking for foreign judges to hear cases
against security personnel accused of
engineering civilian disappearances. and
seeking a new constitution that would
weaken SL’s unitary status . These calls for foreign judges raises the specter
of another Darusman Like Commission” open to being influenced by the Tiger
war chest.
Sadly, even this week the SL govt
reinforced this commitment rather than orchestrate arguments sighted
earlier by me and the report of the
Paranagama Commission whose findings
endorsed by three international legal
luminaries , clearly concluded against there being any war crimes by the SL
forces.
The even greater disappointment
for most Sri Lankans was the failure to present and table Lord Naseby’s revelations in October 2017 at
the UK house of Lords clearly establishing
that the civilian casualties were more of the order of 5000, and not
40,000 , so leaving no basis for the UNHCR resolution and so calling for it’s
withdrawal.
With the Sri Lankan govt
arguably, being the greatest threat to the SL’s unitary status, in my
position as USLA spokesperson, my hands were rather tied this year. However,
the political machinations in SL of the last few months would suggest that, SL
may soon let go of the Tiger Torch , & leave the likes of me in more
familiar territory.
Fourteen Chinese construction workers who were in Sri Lanka without a valid employment visa have been sentenced to jail for a year and fined Rs 50,000 (1,881 yuan) each by a Magistrates’ Court in the southern coastal city of Galle.
The Chinese had arrived Colombo on one-month tourist visas. They were arrested after their tourist visas had lapsed and were working in a hotel project in the southern city.
The suspects were arrested on March 2 and remanded for two weeks before they were sentenced om March 15.
The court ordered that the Chinese illegals be deported after they finish serving their jail terms.
Colombo, March 22 (newsin.asia) – Sri Lanka’s Finance Ministry, on Friday signed a concessional loan agreement with China’s EXIM Bank to construct section one of a mega Central Expressway which will ease the island’s traffic congestion and boost tourism.
The concessional loan agreement, valued at 989 million dollars was signed between China’s Ambassador to Sri Lanka, Cheng Xueyuan and Secretary o the Finance Ministry, Dr. R.H.S Samarathunga.The loan from China’s EXIM Bank will cover 85 percent of the project cost for section one of the Central Expressway project
.The Government of Sri Lanka has accorded high importance to the development of infrastructure including expressway network with inter-connectivity as it will directly contribute to the economic growth and will have indirect effects in raising the productivity and efficiency in different economic sectors,” the Finance Ministry said.
This proposed highway will improve the inter regional connectivity and efficiency of the entire expressway network,” the Ministry added.China’s Ambassador to Sri Lanka, Cheng Xueyuan said the Central Expressway runs through the central part of Sri Lanka connecting the Western, North Western, Sabaragamuwa and Central Provinces with other densely populated and economically developed provinces.
It also connects capital Colombo to the central hills of Kandy, the two major cities and economic centers.Under the Belt and Road Initiative, we have accomplished series of inclusive and sustainable win-win results.
In view of the two countries’ traditional friendship and at the strong request of the Sri Lankan government, the loan agreement for the first phase of the Central Expressway was signed after prudent assessment,” Ambassador Cheng said.Construction of section two of the Central Expressway has already commenced with funding from local commercial banks.
Colombo, March 22 (newsin.asia) – The Sri Lankan government, on Friday, for the first time, successfully tested artificial rain in a drought hit area to provide clean water to hundreds of families.The Power and Energy Ministry, in a statement said the Ceylon Electricity Board together with the Sri Lanka Air Force conducted the project, which caused rainfall for 45 minutes in the catchment areas of the Maussakelle Reservoir, in the Central Province.
A Sri Lanka Air Force helicopter was used to spray chemicals on the clouds, 8000 feet above the reservoir, resulting in 45 minutes of rainfall.Observing the success of the pilot project which commenced today, Power and Energy Minister Ravi Karunanayake has instructed relevant authorities to take necessary measures to create artificial rains in the next few days until the dry weather exists in the country,” the Ministry said.The pilot project was launched following assistance from a special team who had arrived in Sri Lanka from Thailand.
The Ministry said the main aim of the project is to create rains during the drought seasons.The Ministry added that the project was carried out after a memorandum of understanding (MoU) was signed between the Sri Lanka Air Force (SLAF) and the Ceylon Electricity Board (CEB) in January. The Sri Lankan Air force is providing the necessary flights and other services towards the project.
In February last year, a group consisting of Thai engineers visited the Castlereigh and Maussakelle Reservoirs in the catchment areas of the Central Highlands to seek the possibilities of creating artificial rain as water levels in these reservoirs had seen a drastic drop.
Local media reports said the Thai engineers represent the only company in the world that has the patent to create artificial rain.The company had created artificial rain when the island country was severely affected by a drought in 1981.Hundreds of families remain affected by months of severe drought due to the lack of rains and delayed monsoonal rains in the central parts of Sri Lanka.
A Singapore-based company in which stakes are held by the family members of former Indian Minister of State S. Jagathrakshakan of the DMK has been linked to a record foreign direct investment of $3.85 billion in an oil refinery in Sri Lanka.
However, the recent announcement by Sri Lanka’s Board of Investment (BOI) on the record deal has run into a controversy after Oman, which the Board said was an investor along with the Singapore company, on Wednesday denied being part of the deal.
The Singapore company, Silver Park International Pte Ltd, is putting 70% of the share capital — a total of $1887 million — in the project running into billions of dollars. The remaining, nearly $ 2,000 million, is to be raised as loan capital, sources said.
Silver Park International, named by the BOI, is registered with Singapore’s national regulator Accounting and Corporate Regulatory Authority (ACRA), with three of its four directors — Jegath Rakshagan Sundeep Anand, Jagathrakshakan Sri Nisha and Jagathrakshakan Anusuya – listed with a Chennai address. They are the son, daughter and wife of Mr. Jagathrakshakan, who is the DMK’s Arakonam Lok Sabha candidate. We are aware of the Singapore company’s links to an Indian business interest. The agreement has been signed by one Mr. Jagathrakshakan,” a senior government source in Colombo told The Hindu, requesting anonymity.
Actual investment source
However, the BOI has made no official mention of the involvement of an Indian business interest so far, provoking intrigue over the actual source of investment and the investors’ experience in the oil industry, especially after Oman backing out. The FDI was made known on Tuesday, when the BOI told a press conference in Colombo that an overseas joint venture had committed $3.85 billion to a new oil refinery — the single largest foreign investment in the country’s history — in the industrial zone coming up at Hambantota, in the Southern Province.
The industrial zone adjoins the Hambantota port, which in 2017 was leased to a Chinese state-owned enterprise for 99 years, even as Colombo struggled to service a loan from Beijing.
The Board said construction work on a refinery and storage facility, jointly financed by Oman’s Ministry of Oil and Gas and a Singapore-registered company, was about to begin soon. However, on Wednesday, Oman’s oil ministry denied being part of the project, Reuters reported, prompting a clarification from the BOI. Apparently backtracking from its announcement made at Tuesday’s media conference, the BOI said that it was aware that there is no agreement that has been signed between Oman’s Ministry of Oil and Gas and Silver Park International with regard to equity arrangements of the project.”
It added that Oman Oil Company had registered their firm intention to participate in equity up to 30%, subject to reaching an agreement between the parties”.
The investor, Silver Park International, has conveyed to the Board of Investment their full confidence in implementing the project, the statement said. Mr. Jagathrakshagan and his family were not reachable for comment.
Source: The Hindu
-Agencies
A Singapore-based company in which stakes are held by the family members of former Indian Minister of State S. Jagathrakshakan of the DMK has been linked to a record foreign direct investment of $3.85 billion in an oil refinery in Sri Lanka.
However, the recent announcement by Sri Lanka’s Board of Investment (BOI) on the record deal has run into a controversy after Oman, which the Board said was an investor along with the Singapore company, on Wednesday denied being part of the deal.
The Singapore company, Silver Park International Pte Ltd, is putting 70% of the share capital — a total of $1887 million — in the project running into billions of dollars. The remaining, nearly $ 2,000 million, is to be raised as loan capital, sources said.
Silver Park International, named by the BOI, is registered with Singapore’s national regulator Accounting and Corporate Regulatory Authority (ACRA), with three of its four directors — Jegath Rakshagan Sundeep Anand, Jagathrakshakan Sri Nisha and Jagathrakshakan Anusuya – listed with a Chennai address. They are the son, daughter and wife of Mr. Jagathrakshakan, who is the DMK’s Arakonam Lok Sabha candidate. We are aware of the Singapore company’s links to an Indian business interest. The agreement has been signed by one Mr. Jagathrakshakan,” a senior government source in Colombo told The Hindu, requesting anonymity.
Actual investment source
However, the BOI has made no official mention of the involvement of an Indian business interest so far, provoking intrigue over the actual source of investment and the investors’ experience in the oil industry, especially after Oman backing out. The FDI was made known on Tuesday, when the BOI told a press conference in Colombo that an overseas joint venture had committed $3.85 billion to a new oil refinery — the single largest foreign investment in the country’s history — in the industrial zone coming up at Hambantota, in the Southern Province.
The industrial zone adjoins the Hambantota port, which in 2017 was leased to a Chinese state-owned enterprise for 99 years, even as Colombo struggled to service a loan from Beijing.
The Board said construction work on a refinery and storage facility, jointly financed by Oman’s Ministry of Oil and Gas and a Singapore-registered company, was about to begin soon. However, on Wednesday, Oman’s oil ministry denied being part of the project, Reuters reported, prompting a clarification from the BOI. Apparently backtracking from its announcement made at Tuesday’s media conference, the BOI said that it was aware that there is no agreement that has been signed between Oman’s Ministry of Oil and Gas and Silver Park International with regard to equity arrangements of the project.”
It added that Oman Oil Company had registered their firm intention to participate in equity up to 30%, subject to reaching an agreement between the parties”.
The investor, Silver Park International, has conveyed to the Board of Investment their full confidence in implementing the project, the statement said. Mr. Jagathrakshagan and his family were not reachable for comment.
Sri Lanka has successfully tested artificial rain for the first time in the country with moderate rainfall experienced over the Maussakele Reservoir for around 45 minutes.
The pilot project to induce artificial rain at the catchments areas of the Maussakele Reservoir was carried out by the CEB on Friday (22).
An aircraft (Y12) of the Sri Lanka Air Force was used to spray the chemicals on the clouds around 8,000 feet above the Maussakele Reservoir resulting in around 45 minutes of rainfall, the ministry said.
The project to induce artificial rain during drought season was launched today with the help of a special team of engineers from Thailand, a statement said.
The project was initiated by the Ministry of Power, Energy and Business Development with the aim of eliminating the obstacles encountered in hydro power generation during drought season.
A memorandum of understanding (MoU) was signed between the Sri Lanka Air Force (SLAF) and the Ceylon Electricity Board (CEB) in January this year to carry out the project. The Sri Lankan Air force is providing necessary flights and other services in this regard.
The Thailand government had come forward to provide the technical knowledge and it was the first time in Sri Lanka that a program was launched in relation to artificial rain.
During the dry season, it is nearly impossible for Sri Lanka’s electricity board to generate hydro power and it is therefore compelled to purchase electricity from private companies which is expensive and has caused many difficulties to the CEB.
In addition to generating electricity this could also be used to induce artificial rain during the drought season to develop the agriculture activities of the country.
The petition filed against Minister Rishad Bathiudeen, seeking the prohibition of deforestation at Vilaththukulam forest reserve in Wilpattu National Park, has been scheduled to be heard on June 28th.
The petition was taken up before Court of Appeal Judge Arjuna Obeysekara today (22).
The fourth respondent of the petition Minister Rishad Bathiudeen is continuously clearing this forest reserve, Attorney Nagananda said presenting submissions before the court.
Heeding Attorney Nagananda’s request to set a date to hear the petition soon, CA Judge Obeysekara ordered to take up the petition on June 28th.
The petition was filed by Environmentalist Malinda Seneviratne and Attorney Nagananda Kodituwakku.
The petitioners have stated that the unauthorized constructions at the forest reserve have caused massive environmental impact and seek a court order preventing the deforestation and unauthorized constructions in Wilpattu National Park.
In early March the Daily Mirror
reported the arrest of a blind man by the Railway Security Service – his crime
begging on the train. That arrest resulted in a sensational story that has to
enter any management case study and he should be invited by some of Sri Lanka’s
management institutes to share with others his story. What is his story?
Blindness he says was a blessing
in disguise. It is probably as a result of losing his wife that he resorted to
begging on trains which he had been doing for 25 years. From age of 40 to 65
years this blind man has achieved what no person with qualifications or 5
figure salaries will dream of but be unable to achieve.
What has he achieved throughout
these 25 years begging on trains?
He has been able to earn Rs.150,000
a month which even a graduate cannot earn nowadays.
He has built 3 houses – 2 given
to his 2 daughters as dowries & the 3rd he planned to rent out.
Both daughters own cars and the
son-in-laws are doing good jobs.
He has a bank account with
Rs.500,000 savings in it
At the time of his arrest by the
Railway Security Service he had Rs.4000 in his possession.
His daughters are aware of his
begging and when informed of the fathers arrest one of the daughters arrived in
her own car.
Obviously the train passengers on
the Gampaha-Colombo Train route are extremely compassionate people & much karmic
merit to them for they would have been regularly giving him money otherwise it
is impossible to collect Rs.150,000 a month.
In times of day light robberies being committed by politicians, public
officials and even white-collar corporate heads NONE OF WHOM GET ARRESTED, it
is baffling why a blind man gets arrested for begging because he has not taken
a penny illegally or forcefully from anyone.
He would not have demanded how
much any kind hearted person had to give and would have accepted whatever came
his way humbly. What is stupefying is how he had managed the money coming to
him out of charity which is not a fixed income gained monthly but went on to
build 3 houses plus saved Rs.500,000 as well.
When people are clueless on how to save even with a fixed income, this blind man from Gampaha is the person to tap to learn how to save and he should seriously be invited by management institutes to share his story with all Sri Lankans.
Dr.Sudath Gunasekara. (SLAS) Retired Permanent Secretary to Mrs Sirimavo Bandaranayaka and President Senior Citizens Movement Mahanuwara
(This is an updated version of an article published
on September 20th, 2010 in the Island)
21.
March. 2019
To mark the completion of 204 years after signing the
Kandyan Convention
The Kandyan Convention of 2nd March 1815 was the document under which this country was ceded to the British crown under mutual agreement. It was drawn between Great Britain and Sinhale, two independent Kingdoms. Since it was singed at Kandy, the capital of the Sinhale at that time, it had been named after that name. Nevertheless in paragraph 1 it is clearly mentioned that it was drawn between Great Britain and Sinhale Kingdom. It should also be noted that this country was never conquered by the British at war however powerful they may have been. The common notion among the anti-Kandyan circles that it had been betrayed by the Kandyan chieftains is therefore not tenable.
The heroic Sinhala people have defended it for 310 years, from 1505 to 1815 against three powerful invaders with unlimited gun power, Portuguese, Dutch and the British. Finally it was ceded to the British through intrigue and deceitful maneuvering with false promises by John Doily, the cleverest spy Britain had ever produced.
The
Convention includes 12 sections of which the contents of the first two
paragraphs and Sections 2, 3, 4, 5 and 8
are the most important.
This
essay is not a comprehensive critique of the whole Convention. It deals only with the subject of discussion
under the heading of this article.
The
Convention was unilaterally abrogated by Governor Brownwrigg by his Royal
proclamation of 21st Nov 1818 in the wake of the 1818 Uva Rebellion against the
British rule, the first freedom struggle by the natives against British
deception and repression.
Since
this was an agreement between two sovereign States, such abrogation is legally
invalid. Even an amendment to that instrument, addition or its replacement by
repeal needs the explicit consent of both parties, for such amendment to be
legally valid. The Royal Proclamation of Nov 21 1818 had 56 sections by which
complete British rule was imposed on this island nation by throwing the March
2nd Convention in to the dust bin of history. It appointed a Board of Commissioners
with British Government Agents stationed all over the country under whom all
local chiefs had to work. In other words this Proclamation consolidated full
British rule over the whole Island. The last section (56) of the Proclamation
Sec (56) stated He (Governor) also reserves full power to alter the present
provisions as may appear hereafter necessary and expedient: as he requires, in
his Majesty’s name, all officers civil and military, all Adigars, Dissavas and
other chiefs, and all other His Majesty’s subjects, to be obedient, aiding, and
assisting in the execution of these or other his orders, as they shall answer
the contrary at their peril.
With
the unification of the Maritime Provinces with the Kandayn kingdom in 1833 and
the establishment of five provinces to cover the whole Island and appointing
Provincial Agents of the British Government, British rule was fully and firmly
established over the whole Island. This was further strengthened by increasing
the number of provinces to 9 by 1890 and dividing them in to districts
thereafter that were put under the control of Governments Agents as the sole
representatives of the British Crown.
In
the first place this decision by the Governor was legally flawed as Britain
cannot abrogate a Convention drawn between the two countries unilaterally
without getting the consent of the other party. There is also a court ruling
against such actions in Campbell v Hall (1774) 1 Cowp 204, 98 ER 1045. The
upholding of the Paul Peiris’s judgment in the 1915 Wallahagoda Perahera case by
the Privy Council also has established the legality of the Kandyan Convention. To
that extent legally speaking, I opine the Kandyan Convention is still valid in
law. Nevertheless as the Sinhala nation
was brutally and completely massacred in the rebellion and were defeated, the
natives could not resist or rise up against the all-powerful military British
rule any more. Thereafter the British suppressive and exploitive colonial rule
got firmly and fully established on Sri Lankan soil and continued until 1948,
as the 1848 rebellion was also brutally and clinically suppressed.
The
word Convention was only once mentioned in Sec 2 in the Proclamation just to
refer to its date. But nothing was mentioned about ruthless manner in which the
Kandyan Convention had been ignored and abrogated by the British
government. Any such ex-parte
proclamation will have no legal validity unless the original agreement was duly
repealed. It appears that there was no protest by the locals either on this
draconian Proclamation by the Governor. So the presumption is that the Kandyan
Convention died a natural death on the 21st of Nov.1818. All the powers of the
native chiefs were removed by this proclamation and they were made mere agents
of the British Crown under the powers of the Governor. It also removed
provisions of Section 5 of the Convention and it was replaced with some mild
reference to respect to priests and processions of Buddho religion, adding some
new provision to general protection to all other religions This contravenes section 5 of the Kandyan
Convention. In sum the Proclamation has
tightened the grip of the British authority over the Island and set the process
of complete erosion of power of the local aristocrats and the Priests. How the
British respected Sec 5 of the Kandyan Convention is no better demonstrated the
way they treated Buddhist monks culminating, in the murder of Kudapola Nayaka
priest by shooting by a firing squad in public.
With
the unification of the administration of the Kandyan Kingdom and the Maritime
Provinces in 1833 once again the country became one territorial unit after 1505
and this laid the foundation for what we call Sri Lanka now (Ceylon as British
called it then).
The
Colebrook reforms of 1833 were followed by MaCallum Reforms (1912) Manning
Reforms (1922); The Donoughmore Reforms (1926) and the Soulbury Reforms
(1948).
All
these reforms in this country were made either under royal Proclamations or the
way the British wanted them to be enacted and all declarations and statutes
that inherited the illegal traditions of the trend set by the Proclamation of
1818. In fact one can argue that even the Soulbury Constitution of 1948 to that extent was not legally valid.
Niti Niganduwa a treatise of Sinhala law composed during the Kandyan period gives evidence of a number of ancient legal treaties that had been composed during the times of the Sinhalese Kings. It has defined law as the implementation of the charters of ancient Kings without breach” (Niyati ti Niiti”).Rajuhi panccantta dhamman na samuccindiyanti ti nitipunane”). It further identifies three broad division in law .They are a) Raja niiti, b) Dharmaniiti and Loka Niiti. Raja Niti is law enacted by the King. Dharma niiti is law that is prescribed by the Dhamma; in our case as they appear in the various suttas. Finally Loka niiti are the conventions that have evolved over time by popular acceptance which are mostly conventions. Therefore no one can say that we did not have a legal system o four own before the advent of British. According to the ancient tradition the law is laid down after general acceptance by the people and it is called Mahasammata, approved and ratified by the people. In this context ultimately all laws have to be enacted for the good of the people and therefore they cannot be designed for the benefit of the Ruler. According to Buddhist teachings, like all other things, the law has to be there for the good of the many and happiness of the many. But unfortunately
In this back ground the object of this note is
to draw the reader’s attention to some very important legal aspect of our
Constitutions has not been given serious attention hitherto by our legal
luminaries or the general public. I hope this point will open a new forum, for
a wider and open discussion on this issue.
Going
by the 1815 Convention Independence in 1948 should have been given to Sinhale
as the convention was singed between the Chieftains of the Sinhale and
Brownwrigg on behalf of Great Britain.
But it was given to a hybrid State called Ceylon. That is also
unconstitutional. Therefore it is high time that we restore the name of the
country as Sinhale at least now.
There
is also no mention anywhere in any of the subsequent legislations that followed
the 1818 Proclamation that the 1815 Kandyan Convention was repealed, though it
was physically thrown in to the dust bin of history by the British, ex-parte by force by the British. The
1972 Republican Constitution after 24 years of fake independence of 1948
declared this country as an Independent Republic. It repealed the 1948 Soulbury Constitution
but it also has not said anything about the Kandyan Convention. But it had
rekindled the Sec 5 of the Kandyan Convention by inserting Sec 10 on Buddhism.
The 1978 Constitution also followed suit by inserting section 9 under which it
said it gives the foremost place to Buddhism but it diluted Sec 5 of 1972 by
imposing limitation on it by Article 10
and 14 (1) (e).
All these law makers appear to have acted on
the presumption that what they inherited from 1818 onwards was legal. But I
think the Kandyan Convention of 1815 is still valid in law as it had not been
legally repealed by any subsequent legislation up to date.
The Kandyan Convention was published as part
of the legislative enactment of Ceylon and it is included as a chapter in the
Legislative enactment Vol.X1 Chapt.390 (P376-378). It also appears in Vol XX.
This was done when Dr Nissanka Wijeratna was the Minister of Justice in the
1977 government. The person behind this decision was Dr. Harischandara
Wijetunga the Officer In Charge of the Sinhala translation of the Legislative
enactments at that time. There were two other persons involved in this historic
decision. They were W. J. M. Lokubandara, the present Hon. Speaker and Hector
Deheragoda who was in charge of the English Edition.
This also confirms my contention that the
Kandyan Convention is still a living and valid part of our law. It is said that
Brownwrigg’s 1818 Nov 21 Proclamation was ratified by the British Parliament.
It also now appears as a Chapter in the legislative enactments of Sri Lanka
under Vol. XX Chap 638 (P319-329) under the title Declaration of British
Sovereignty. I wonder whether an illegal Proclamation could be declared legal
by such ratification, by the British Parliament that represents only one party
to the 1815 Convention. As such I opine that such ratification by the British
Parliament is null and void. Therefore I think the 1815 Convention still holds
good in law. In this back drop both the Proclamation of November 21. 1818 and
all laws enacted after the prescribed date of that Proclamation and all actions
taken there under should stand illegal and questionable.
Last week I had the opportunity to attend a
public seminar organized by the Peradeniya University at the University
Auditorium. I was very happy that two
prominent lawyers from Mahanuwara, Presidents Council Samantha Ratwatte and
Harendra Dunuvila also expressed the same opinion in the course of their talks.
Since I made my opinion public in in an article published
in the Island in September 20th, 2010, I think it has
to go down in history as the first occasion this argument emerged. In this
backdrop I invite our patriotic lawyers to pursue this matter seriously and
take legal action against the British government for all the crimes they have
committee against this country, its people and their valuable culture and claim
compensation for all damages and destructions they caused to this nation. I
think this is the best time to take up this issue as they are trying to fix us
for human rights violation at UNCHR on bogus information given to them by the
Tamil Diaspora on their voting lists. I don’t think we could ever have a better
time than this to expose the nakedness of British foreign policy.
One may get temped to think that this is only
some wild imagination of one man. But I think there is a strong and valid point
in what I have pointed out above. Therefore I invite those interested,
constitutional experts, lawyers and all others interested to initiate an open
debate, a serious one too, on this all important issue at a time of our history
when radical changes are taking place in the political scenario in this
country, since Independence
Author- Lucy Stronach, Research Assistant (Intern) at INSSSL
‘Russian Interest in the Indian Ocean’ was the
overarching theme at the latest Round Table Discussion held at the Institute of
National Security Studies Sri Lanka (INSSSL) on March 19th, 2019. Guest
speaker, Ms. Ksenia Kuzmina, Program Manager for South Asia and Asia Pacific
for the Russian International Affairs Council (RIAC), spoke in detail on this
topic, with attendees from academic and military fields.
Ms. Kuzmina opened her insightful and in-depth
piece by stating that Russia does not have an imaginary role in the
Indian Ocean region and has serious interests despite often being disregarded
as a major player.
One of Russia’s primary interests is to promote
the zone of peace in the Indian Ocean, as any threats that influence this area
could easily reverberate all the way to the Russian homeland. Ms. Kuzmina
discussed that strategic rivalries and conflict in the area are against Moscow’s
interests as the Indian Ocean is crucial for Russian trade, security and
communication.
Threats to the region include climate change and
marine pollution; emerging technology such as artificial intelligence;
cyber-attacks; piracy; terrorism; and advanced weapons. In order to combat
these problems, said Ms. Kuzmina, Russia must forge bonds with smaller states
and islands in the region, including Sri Lanka. She stated that these nations
need to begin promoting their own security and interests rather than following
major players.
One way to do this is through Russian
cooperation, with Ms. Kuzmina stating, Moscow can provide great input to the
regional security and to some extent serve as the regional security provider…”.
Ms. Kuzmina explained that Russia canplay
a significant role in providing expertise, sharing knowledge and data, training
states, and sharing personnel and business. This process of interconnectedness
helps states bolster their security and protect themselves from threats which
in turn protects Russia from issues encroaching on their territory through
Asia.
She stated that these new and emerging threats
require closer cooperation from all involved including regional and global
powers, and Moscow can assist in developing dialogue and forging successful
multilateral relations.
According to Ms. Kuzmina, peace and respect are
Russia’s foremost desires in the Indian Ocean, promoted through positive
interstate relations. However, to achieve this ambitious task, states must
acknowledge and accept this on all levels, from academia, business, the
government, and education.
Ms. Kuzmina’s discussion was concluded by
questions from attendees before stating that developing cooperation is a
two-way process that demands initiative from both sides of the party. Russia
has something to give, and hence Sri Lanka need only ask.
The Round Table Discussion was closed by Director
General of INSSSL, Asanga Abeyagoonasekera, who shared his wishes to continue
positive dialogue and further close discussions with Russia.
In keeping with President Maithripala Sirisena’s decision to declare the Thripitakabhivandana Week from 16th – 23rd March 2019 to mark the declaration of the Theravada Thripitaka as a national and world heritage, the Embassy of Sri Lanka in Washington DC, under the patronage of four Buddhist temples in Washington DC and Maryland, organized a series of religious events from 16th – 24th March 2019. The Thripitakabhivandana Week commenced with Maryland Buddhist Temple and Washington Buddhist Vihara hosting two events on 16th and 17th March respectively.
Maryland Buddhist Vihara
At the launch of the Thripitakabhivandana Week on 16th March, the Chief Priest of the Maryland Buddhist Temple, Venrable Katugastota Uparatana Thero expressed immense pleasure for the honour and privilege of hosting the maiden event of this historic national endeavour at the Maryland Buddhist Temple. Speaking on the occasion, the venerable monk extended his profound gratitude to President Maithripala Sirisena for declaring the Thripitakabhivandana Week and the great honour thereby bestowed on the Thripitaka. Furthermore, emphasis was placed on the significance of the Thripitaka for the preservation for posterity of Buddhist teachings and the relevance of Buddha’s timeless message for future generations. Joined by the temple devotees, the resident monks chanted seth pirith to invoke blessings on the President of Sri Lanka and the whole country and hailed his meritorious deeds for the spiritual upliftment of Buddhists. Ven Nedagamuwe Pragnaloka Thero conducted a Dhamma sermon on the indulgence of people in worldly pursuits and the importance of spiritual mindedness for overall well being and happiness. Speaking on the occasion, Chargé d’Affaires, Sarath Dissanayake appreciated the directives and guidance given by the Presidential Secretariat and the Ministry of Foreign Affairs in celebrating a historic milestone in Sri Lanka’s Buddhist calendar and expressed his deep gratitude to the venerable monks for sharing spiritual insights and wisdom on the relevance Buddhist teachings for a simple and contented life. The day’s proceedings came to a close with the offering of Pirikara to the priests and serving of snacks and sweetmeats to devotees.
The Washington Buddhist Vihara, which is the oldest Theravada Buddhist Temple in the US, hosted the second event of the Thripitakabhivandana Week on 17th March 2019, with a Buddhist sermon conducted by the Chief Priest, Ven Maharagama Dhammasiri Thero on the significance of the Thripitakabhivandana Week followed by a comprehensive spiritual briefing on the historical context of writing the Thripitaka, its preservation to date and the contribution of the Thripitaka for the propagation of Buddhist teachings and values. The venerable monk also spoke of the essence of the Buddha’s noble message for self – emancipation or salvation of mankind and thanked the foreign devotees in the audience for their interest and support to promote the Buddhist way of living among the likeminded. The monks conducted a Bodhi Pooja and invoked blessings on President Sirisena and the country and welcomed his noble endeavour to declare the Thripitakabhivandana Week to symbolize the proclamation of the Thripitaka as a National Heritage in January 2019. Speaking on the occasion, Chargé d’Affaires, Sarath Dissanayake appreciated the blessings of the Maha Sangha for organizing a special religious activity in celebration of the Thripitakabhivandana Week at the Washington Buddhist Vihara and spreading Buddha’s teachings and creating awareness of the sacred scripts of the Thripitaka among both local and foreign devotees. He briefed those in the audience and sought their support on the campaign launched by Sri Lanka to inscribe Thripitaka as a world heritage in the UNESCO Memory of the World Register, given its spiritual, philosophical, doctrinal and cultural significance for the Buddhists and humankind as a whole.
The arrangements at the Washington Buddhist Vihara and the Maryland Buddhist Temple were coordinated by the Embassy under the guidance and blessings of the Maha Sangha with the active support and collaboration of the members of the respective dayaka sabha.
The Thripitakabhivandana Week in the US will conclude with two more religious events at the Nisala Arana Buddhist Monastery and the Mahamewnawa Meditation Centre in Maryland on the 23rd and 24th March respectively.
Foreign Minister Tilak Marapana waxed eloquent in Geneva, the other day, defending as he did Sri Lanka to the hilt. It was a compelling brief, but the problem is that the architects of the UNHRC resolution on Sri Lanka have already made up their minds and do not want to be confused with facts.
Marapana’s presentation contained nothing new, though. The facts he marshalled cleverly had been in the public domain for the last several years. They should have been made use of much earlier. Having agreed to co-sponsor the UNHRC resolution on Sri Lanka and decided to humour the western governments, the yahapalana leaders ignored them in 2015.
It is not that the representatives of the governments which masterminded the UNHRC resolution on Sri Lanka are unaware of what Marapana said; they are au fait with the situation here, but theirs is not to listen to reason; theirs is to reject the facts that do not conform to the agendas of their countries bent on furthering their geostrategic interests. They have even refused to accept vital UN data, which run counter to their arguments anent Sri Lanka. The US and the UK have disregarded information contained in the diplomatic cables dispatched by their own Colombo-based defence attaches on the final phase of the Vanni war.
The UNF government is like a woman who has waited till she goes into labour to say that she wants to have an abortion. (Eating raw pineapple will be of no use, at this late stage!) The Geneva baby is fully developed and will have to be delivered. The yahapalana leaders will be made to fulfil their Geneva undertakings including the setting up of a war crimes investigation. However, they may be given some more time, at least, until the next year to perform that painful task, in view of the next presidential election to be held at the end of this year.
Marapana would not have been allowed to challenge the UNHRC’s arguments and tell what the western governments did not want to hear but for President Maithripala Sirisena’s intervention. The President went so far as to warn that he would be compelled to send a separate team to Geneva if he felt that the country’s interests would not be defended. The government had to do something to steal his thunder.
Many a pair of shoes is said to be worn out between saying and doing. Will the government translate what Marapana has said, in Geneva, into action?
How do the UNF leaders propose to reconcile their Geneva volte-face with the TNA’s demand for an international war crimes tribunal to probe the alleged war crimes? They are dependent on the TNA for survival in Parliament and the latter won’t settle for less. Some TNA MPs have even taken to the streets in the North, demanding a hybrid court to try military personnel. It will be interesting to see their reaction to Marapana’s speech at the UNHRC.
The government’s strategy may be to criticise the very UNHRC resolution it has co-sponsored so as to appease those who are opposed to it, buy some more time and face the presidential election with a view to fulfilling its Geneva commitments, later on, in case it succeeds in winning the presidency. Marapana can always be removed and someone else brought in as the Foreign Minister to carry out that task.
China uses loans to dominate the world and stands accused of luring countries like Sri Lanka into a debt trap. Other big powers are no better and only their modus operandi is different. The US and its allies are using human rights to achieve the same goal. So, it is highly unlikely that the western powers will soften their stand on Sri Lanka, in Geneva.
Let Marapana be congratulated on his brilliant presentation in Geneva, but no one should make the mistake of expecting it to make any difference there, for what we see at the UNHRC or the UN, for that matter, is not evidence-based policymaking but policy-based evidence making.
All documents necessary for the extradition of former Central Bank Governor Arjuna Mahendran had been despatched, Chief Opposition Whip UPFA MP Mahinda Amaraweera said.
Replying to JVP MP Dr. Nalinda Jayatissa in Parliament yesterday, Amaraweera said all necessary information had been diplomatically communicated in writing to the relevant authorities in Singapore.
Amaraweera also told the House that President Maithripala Sirisena would brief the Singaporean authorities and the people of Sri Lanka shortly on the steps he had taken to bring Mahendran back.
The issue was taken up in Parliament after Singapore strongly rejecting President Sirisena’s allegation that it was sheltering Mahendran. Singapore alleged Sri Lanka was yet to furnish required documents to support its request for extradition of the former Central Bank Governor.
“The President has done everything in his capacity. The President also made a private request when he met the Singaporean Prime Minister,” Amaraweera added.
At this point JVP MP Dr Jayatissa remarked that he requested a clarification from the government, but instead it was Opposition MP Amaraweera who replied. UNP MP Mujibar Rahuman observed that it proved that the President had sided with the Opposition.
UPFA MP Udaya Gammanpila said that Justice Minister Thalatha Athukorala must explain to the House why she had not provided necessary documents to the Singapore government for the extradition of Mahendran.
“The President after his meeting the Singaporean Prime Minister instructed the authorities in Sri Lanka to take steps for Mahendran’s extradition. Matters pertaining to extradition come under the Justice Ministry. There was an Interpol red notice on Mahendran. The Singapore’s response shows that the Singaporean authorities were not even aware of that. Who blocked this message? There must have been some pressure on her to do so. Mahendran is the most wanted man in this country. She must tell the House as to who prevented her from acting against Mahendran.”
Despite the repeated and continuing references to war crimes and crimes against humanity alleged to have been committed during Sri Lanka’s armed conflict, the actual wording in Paragraph 6 of UNHRC Resolution 30/1 is as follows:” …a judicial mechanism with a special counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law”. Therefore, the first order of business for any judicial mechanism is to establish whether International Human Rights Law and/or International Humanitarian Law applies separately or concurrently, during an armed conflict.
Human rights violations occur during civil disturbances. However, it is only when such violations reach the threshold of an armed conflict that humanitarian violations occur. In the case of Sri Lanka, it is an accepted fact that the conflict reached such a threshold with the signing of the Peace Accord on February 22, 2002.
ESTABLISHING the CONTEXT for the JUDICIAL MECHANISM
The fact that the conflict in Sri Lanka was an armed conflict was acknowledged by the UN appointed Panel of Experts (PoE) and by the Office of the High Commissioner for Human Rights (OHCHR) in their respective reports.
The UN appointed Panel of Experts in their report stated: “There is no doubt that an internal armed conflict was being waged in Sri Lanka with the requisite intensity during the period that the Panel examined. As a result, international humanitarian law is the law against which to measure the conduct of both government and the LTTE”.
Paragraph 182 of The OHCHR report states: “Article 3 common to the four Geneva Conventions relating to conflict not of an international character is applicable to the situation in Sri Lanka”.
Paragraph 183 goes on to state: “In addition, the Government and armed groups that are parties to the conflict are bound alike by relevant rules of customary international law applicable to non-international armed conflict”.
Therefore, it can be concluded without any doubt whatsoever, that the conflict in Sri Lanka was an “internal armed conflict” and the parties to the armed conflict “are bound alike by relevant rules of customary international law applicable to non-international armed conflict”.
INTERNATIONAL LAWS in ARMED CONFLICT
The two undisputed authorities cited regarding what constitutes an Armed Conflict are: (1) The International Criminal Tribunal for former Yugoslavia (ICTY, 1995) appointed by the Security Council and (2) the ICRC, internationally acknowledged as the accredited agency for IHL – International Humanitarian Law.
1. During the Prosecutor v. Dusko Tadic trial the ICTY stated: “…we find that an armed conflict exists whenever there is a resort to armed force between States or protracted armed violence between government authorities and organized groups or between such groups within a State. International humanitarian law applies from the initiation of such armed conflicts and EXTENDS BEYOND (emphasis added) the cessation of hostilities until a general conclusion of peace is reached; or in the case of internal conflicts, a peaceful settlement is achieved. Until that moment, international humanitarian law continues to apply in the WHOLE TERRITORY (emphasis added) of the warring State or, in the case of internal conflicts, the WHOLE TERRITORY (emphasis added) under the control of the party, whether or not actual combat takes place there”.
2. ICRC Opinion:
Part 1, Article 1 (1) of the ” Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977 states:
“This Protocol, which develops shall apply to all conflicts…which take place in the territory of a High Contracting Party between its armed forces and dissident armed forces or other organized armed groups which, under responsible command, exercise such control over a part of the territory as to enable them to carry out sustained and concerted military operations and to implement this Protocol”.
3. According to the UN appointed Panel of Experts the applicable law as a result of the armed conflict is: “international humanitarian law is the law against which to measure the conduct of both government and the LTTE”.
Therefore, the undisputed conclusion should be that the conflict in Sri Lanka was an armed conflict, and that the applicable law is International Humanitarian Law.
However, there is a considerable body of opinion that claims that both Human Rights and Humanitarian Laws exist concurrently during an armed conflict. What they do not say is that human rights that exist during times of peace are seriously derogated during an armed conflict; a fact acknowledged by the International Court of Justice. Thus, what human rights remain are identified as the “hard core of human rights”, listed in Article 4 of the International Covenant on Civil and Political Rights (ICCPR). instance, aAn official publication titled “INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT” by the United Nations Human Rights, Office of the High Commissioner, New York and Geneva, 2011 states that “the International Court of Justice has clearly stated that “the protection of the International Covenant on Civil and Political Rights does not cease in times of war, except by operation of article 4 of the Covenant whereby certain provisions may be derogated from in a time of national emergency” (p. 55).
Article 4 of the Covenant referred to above states: “In a time of public emergency which threatens the life of a nation and the existence of which is officially proclaimed, the State Parties to the present Covenant may take measures derogating from their obligations…to the extent required by the exigencies of the situation…”. Article 4 (2) states: “No derogation from articles 6,7,8 (paragraphs 1 and 2)11,15,16 and 18 may be made under this provision”. Article 6 is “right to life; article 7 is torture or cruel, inhuman treatment; and article 8 is slavery. …”.
The fact that Sri Lanka officially proclaimed that there was an emergency that threatened the life of the nation is acknowledged in the report by the Office of the High Commissioner for Human Rights (OISL). Paragraph 175 states: “OISL notes that Sri Lanka has submitted a Declaration of a State of emergency dated 30, may 2000 derogating from articles 9 (2), 9 (3), 12 (1), 12 (2), 14 (3), 17 (1), 19 (2), 21 and 22 of the ICCPR.
The derogation of IHRL during Sri Lanka’s Armed Conflict is justified because Sri Lanka’s Emergency Regulations were in operation during and after the conflict and furthermore, Article 15 (7) of the Constitution permits the restriction of several fundamental rights in the interest of national security. Even though the provisions of Article 4 of the Covenant are strictly not applicable to Sri Lanka since they have not been incorporated into domestic law, the fact that Additional Protocol II of 1977 incorporates the provisions in Article 4 of the Covenant that cannot be derogated, the applicability of IHL as provided in Additional Protocol II is justified since it is part of Customary Law. Thus, addressing accountability on the basis of Protocol II of 1977 provisions of IHL is clearly validated.
CONTEXT for JUDICIAL REVIEW
Based on the material presented above, the conclusions that justifiably could be reached are:
1. That the conflict in Sri Lanka was an armed conflict starting February 22, 2002.
2. Therefore, the applicable law is International Humanitarian Law, along with those provisions of International Human Rights law that are NOT derogated, such as those identified in Article 4 of the ICCPR Covenant.
3. Human Rights Laws applicable during an armed conflict are incorporated in Additional Protocol II of 1977.
4. Humanitarian Laws applicable during an armed conflict are also incorporated in Additional Protocol II of 1977.
Accountability:
5. Therefore, Additional Protocol II of 1977 should be the legal framework that should guide the evaluation of any violations during the armed conflict.
Since the ICRC as the internationally accredited authority has codified what constitutes violations of human rights and humanitarian law based on provisions of Additional Protocol II of 1977, there is absolutely no need for a judicial mechanism as is being called for in the UNHRC Resolution 30/1. Instead, what is needed is for any person with evidence of a nature that would stand up in the Courts to file charges AGAINST anyone guilty of having violated any provisions listed in the ICRC Document titled “Customary Law” Vol. 87, No. 857, March 2005.
CONCLUSION
The materials presented above are the International Laws and the associated hard facts connected with the armed conflict that occurred in Sri Lanka. It is evident from the foregoing that issues associated with the armed conflict are straight forward law and order issues, that are within the capabilities of Sri Lanka to handle. Instead of presenting facts such as those cited above for Sri Lanka to go to inordinate lengths of co-sponsoring resolutions in order to claim “ownership” of the reconciliation process is stupid because its effect is to undertake commitments that require constitutional and legislative changes that would even involve the consent of the People at a referendum.
The UNHRC Resolution 30/1 and all that goes with it are politically motivated moves to enable the International Community dominated by the West to keep Sri Lanka on a leash as long it serves their geopolitical interests under the cover of ‘reconciliation’. By co-sponsoring the resolution the government has become a willing party to this duplicity.
Judging from the skepticism with which the findings by an independent lab in the USA were received about the mass grave in Mannar, there is no doubt that whatever conclusions reached following a judicial inquiry, would depend on their political and strategic interests. If as reported in the British media, the reaction both locally and internationally would be unimaginable if after a judicial inquiry a Sri Lankan prosecutor found only one out of sixteen soldiers guilty of murder due to “insufficient evidence” after forty-seven (47) as it was in UK following an inquiry into the Bloody Sunday massacre in Northern Ireland. This massacre resulted in thirteen people being killed and fifteen others injured on 30 January 1972, when troops of the 1st Battalion of the Parachute Regiment fired on demonstrators during a civil rights march in Derry, Northern Ireland, despite a public inquiry in 2010 under Lord Saville having concluded that the killings had been “unjustified and unjustifiable”. Accountability in such contexts and with such attitudes would not have any meaningful outcomes.
The fact that Sri Lanka has become a victim of international machinations is evident from the approach adopted by the current government. How Sri Lanka could get out of this trap would clearly depend on the professionalism with which issues relating to the armed conflict are handled by a future Sri Lankan Government. The question is whether Sri Lanka would ever have the good fortune to have a government that could meet such a challenge.
Appreciating Foreign Minister Tilak Marapana, PC, for challenging the Office of Human Rights Commissioner’s report on Sri Lanka in respect of several contentious issues, including the highly exaggerated UN claim of 40,000 civilian deaths in the final phase of the war in 2009 and Mannar mass graves, Joint Opposition leader Dinesh Gunawardena, MP, yesterday, said that the UNP government owed an explanation as to why Sri Lanka co-sponsored a fresh resolution on the basis of much flawed report.
Addressing the media at the Sri Lanka Foundation (SLF), Mahajana Eksath Peramuna (MEP) leader Gunawardena asked why Sri Lanka’s Permanent Representative in Geneva Ambassador A. L.A. Azeez accepted the latest declaration meant to extend the original resolution co-sponsored by the government in Oct 2015. Gunawardena described Minister Marapana’s statement and the acceptance of the latest resolution inimical to Sri Lanka as contradictory actions of a government pursuing a dangerous agenda.
The MEP leader said that the government’s strategy in Geneva should be examined against the backdrop of Ambassador Azeez receiving instructions to go ahead with the latest resolution from top Finance Ministry consultant Mano Tittawella
Mano Tittawella is the Secretary General of the Secretariat for Coordinating Reconciliation Mechanisms (SCRM), which is entrusted with coordinating transitional justice mechanisms in Sri Lanka. Office of Missing Persons, Truth Seeking Commission, Accountability Mechanism and Office for Reparations come under the purview of SCRM. The outfit formed by the cabinet of ministers on Dec 18, 2015 functions under the Prime Minister’s Office.
MP Gunawardena alleged that the government went ahead with the latest proposal without President Maithripala Sirisena’s sanction. According to MP Gunawardena, Azeez, on behalf of the government had endorsed the resolution at the behest of Tittawella without proper consultations.
Pointing out that the High Commissioner’s report had been gravely flawed in many respects, MP Gunawardena said that the former Michelle Bachelet acted irresponsibly as regards Sri Lanka. But the failure on the part of the government to properly defend the country in Geneva couldn’t be justified under any circumstances, MP Gunawardena said. The Foreign Ministry should explain as to why disclosure made by Lord Naseby in the House of Lords as well other reports cited by Minister Marapana weren’t used before in Geneva in Sri Lanka’s defence, MP Gunawardena said.
MP Gunawardena pointed out that Lord Nasesy’s disclosure in Oct 2017 based on wartime dispatches from the British High Commission in Colombo cleared the Sri Lankan military of war crimes. MP Gunawardena said that the government owed an explanation as to why the Vanni death toll referred to in the UN Panel of Experts’ report wasn’t challenged during 2018.
JO parliamentary group leader appreciated constant The Island coverage of the Geneva issue with the focus on the stunning disclosure made by the Conservative member.
MP Gunawardena faulted the Foreign Ministry for the current situation. The Foreign Ministry, since the change of government had followed policy contrary to Sri Lanka’s national interests, thereby placing the country at the mercy of Western powers.
Those who couldn’t stomach the LTTE’s battlefield defeat in the hands of the Sri Lankan military worked overtime to haul Sri Lanka’s military and political leadership before international war crimes court, MP Gunawardena said. Following the change of government, the new administration co-sponsored Oct 2015 Resolution meant to set up various mechanisms, including hybrid court comprising foreign judges and other foreign personnel, such as lawyers.
MP Gunawardena recalled how the then Chief Justice Sarath Nanda Silva rejected a ruling given by a foreign court in respect pf a domestic matter during Chandrika Bandaranaike Kumaratunga’s presidency.
The JO heavyweight said that Sri Lanka shouldn’t be penalized for eradicating terrorism. The country was in deepening crisis due to short-sighted policies of the UNP, bent on undermining national security.
Asked by The Island as to why the JO failed to take up the Geneva issue in the Sectoral Oversight Committee handing foreign affairs matters, MP Gunawardena said though it wasn’t taken up there, there were two special debates on the issue. MP Gunawardena alleged that both Prime Minister Ranil Wickremesinghe and the Foreign Minister deceived the parliament regarding the Geneva matter.
UPFA MP attorney-at-law Sisira Jayakody said that Oversight Committees had been packed by Tamil National alliance (TNA) and JVP lawmakers at the time TNA leader R. Sampanthan functioned as the Leader of the Opposition. The UNP and its associates deprived the genuine Opposition of an opportunity to take up contentious issues, MP Jayakody said, alleging the parliamentary process was manipulated to suit the despicable strategies of the UNP-led coalition.
Messrs Gunawardena and Jayakody alleged that the UNP’s response to international intervention couldn’t be compared with that of any other country. The UNP actively supported and encouraged foreign interference in foreign policy matters regardless of JO’s opposition, they said.
Geneva, March 21 (newsin.asia): The UN Human Rights Council (UNHRC): on Thursday through consensus passed a resolution giving the government of Sri Lanka two more years to implement the resolution 30/1 of 2015, ie: until March 2021.
After the resolution was adopted the Sri Lankan Foreign Minister Tilak Marapana, said that the passing of the resolution 40/L.1 is a mark of recognition of Sri Lanka’s political commitment and the progressive steps already taken by the Government since 2015 towards ethnic reconciliation, assurance of human rights and accountability.
Sri Lanka’s open, and constructive approach towards the work of this Council is well acknowledged. We have engaged with seven core Treaty Bodies, the UPR, and have also facilitated 8 visits by special procedures mandate holders and independent experts, resulting in a total of over 1000 recommendations, for expeditious implementation by Sri Lanka.
We have to set our priorities right and we are committed to finding innovative and pragmatic solutions to protect the country’s national interest and the well-being of all Sri Lankans alike, guided by the provisions of the supreme law of the land – The Constitution,” Marapana said.
Sri Lanka’s co-sponsorship of this year’s Resolution assures to all concerned persons, the Sri Lankan society at large, and to all our interlocutors outside the country, that we will continue to move forward within these parameters, to ensure eventual closure,” he added.
We welcome the assistance and cooperation we have received from partners as required, and invite the OHCHR to engage closely with the relevant local institutions and independent bodies including the National Human Rights Commission, in verifying facts on ground, which will help OHCHR to provide more objective and realistic assessment on the progress made in Sri Lanka and on its genuine challenges, to this Council next year.”
Sri Lanka takes this opportunity to appreciate the efforts of the members of the Core-Group, and thank all Members of this Council for supporting a consensus outcome today.”
Colombo, March 21 (newsin.asia): Despite the existence of sharp differences between the UN High Commissioner for Human Rights and the government of Sri Lanka on the rights situation in the island nation, Sri Lanka will co-sponsor the already signed resolution on the matter at UN Human Rights Council (UNHRC) in Geneva, a top source in the government said.
Explaining the government’s stand, the source said that though High Commissioner Michelle Bachelet and the Sri Lankan Foreign Minister Tilak Marapana expressed clashing views on specific issues, the resolution gives room to Sri Lanka to do what it can and not do what it cannot.
The various provisions in Resolution 30/1 of 2015 are to be implemented fully but only in consultation with, and with the concurrence of,” the government of Sri Lanka.
Therefore, there is no danger of Sri Lanka being forced to take any steps deemed unsuitable to it in the context of the constitutional, cultural, and political realities prevailing here.
Thus, despite the hot words uttered on the floor of the council in Geneva, the situation as regards the resolution on Sri Lanka remains the same as before. It is to be co-sponsored.
Michelle Bachelet, UN Human Rights High Commissioner
Gist Of Resolution
The co-sponsored and signed resolution requests the Government of Sri Lanka to implement fully the measures identified by the Council in its resolution 30/1 that are outstanding. It encourages the continuation of that engagement in the promotion and protection of human rights and truth, justice, reconciliation and accountability in Sri Lanka.
It requests the Office of the High Commissioner and relevant special procedure mandate holders, in consultation with and with the concurrence of the Government of Sri Lanka,” to continue to strengthen their advice and technical assistance on the promotion and protection of human rights and truth, justice, reconciliation and accountability in Sri Lanka.
It requests the Office of the High Commissioner to continue to assess progress on the implementation of its recommendations and other relevant processes related to reconciliation, accountability and human rights in Sri Lanka, and to present a written update to the Human Rights Council at its forty-third session, and a comprehensive report, followed by a discussion on the implementation of Council resolution 30/1, at its forty-sixth session.
Bachelet’s Stinging Observations
Last Saturday, High Commissioner Bachelet called on Sri Lanka to implement a detailed, comprehensive strategy for the transitional process with a fixed timeline. She complained of delays in implementation and attributed them to a lack of common vision among the country’s highest leadership”.
Deadlock on these important issues has a damaging impact on victims from all ethnic and religious groups and on society as a whole, she stressed.
Bachelet noted that there has been minimal progress” on accountability and said the continuing impunity risks fuelling communal or interethnic violence, and instability.
Accontability mechanisms, including a specially designated court with Sri Lankan and foreign judges, was enjoined by the relevant resolution designated as 30/1 of 2015.
Bachelet said that the recent appointment to a senior position in the Sri Lankan Army of Major General Shavendra Silva, implicated in alleged serious violations of international humanitarian and human rights law, is a worrying development.
The High Commissioner also said the continuing allegations of torture and other human rights violations by security forces, including sexual violence are troublesome” and called for effective, transparent and independent investigations by the Government, as well as measures to prevent and end such practices.
Bachelet’s report also called for the application of universal jurisdiction” to Sri Lanka and keeping Sri Lanka firmly on the agenda of the UNHRC.
Lanka’s Sharp Counter
In his speech at the UNHRC on Wednesday, the Sri Lankan Foreign Minister, Tilak Marapana, said that Sri Lanka will cooperate with the UNHRC in implementing resolution 30/1. But at the same time, he pointed out that there are parts of the resolution and the perceptions on which they are based, which cannot be accepted given the facts on the ground, and the cultural, political and constitutional conditions prevailing in Sri Lanka.
War Crimes
On the allegation that war crimes had been committed by the Sri Lankan armed forces and the recommendation that Sri Lanka must be subjected to universal jurisdiction’, the Foreign Minister said: It must be asserted that there are no proven allegations against individuals on war crimes or crimes against humanity in the 2015 report of the OISL ( OHCHR Investigation on Sri Lanka) .or in any subsequent official document.”
It is an injustice to deprive any serving or retired officer of the Sri Lankan security forces or the police of their rights,” he added.
The Minister further said that the damaging assertions of the High Commissioner remain in direct contradiction to independent assessments sent by Colombo-based foreign missions, UN agencies as well as other international organizations, including the ICRC, some heavily redacted accounts of which have been presented not only in the House of Lords in the UK on 12 October 2017, and in writings by academics and journalists which are found in the public domain.”
Nay To Foreign Judges
Referring to the High Commissioner’s advocacy of a hybrid court with Sri Lankan and foreign judges to try alleged war crimes cases, Marapana said: I wish to make it clear that the Government of Sri Lanka at the highest political levels, has both publicly and in discussions with the present and former High Commissioners for Human Rights and other interlocutors, explained the constitutional and legal challenges that precludes it from including non-citizens in its judicial processes.”
It has been explained that if non-citizen judges are to be appointed in such a process, it will not be possible without an amendment to the Constitution by 2/3 of members of the Parliament voting in favor and also the approval of the people at a Referendum.”
Lankan Foreign Minister Tilak Marapana
Inaccurate Data on Lands
On the charge that the Lankan government and the armed forces are still holding on to large tracts of land taken from the minority Tamils during the 30 year war against the Tamil militants, Marapana said: The data reflected in the High Commissioner’s report in Para 35, that only 75% of the land occupied by the security forces as at 2009 has been released, is at significant variance with the actual numbers. As on March 2019, 88.87% of State lands and 92.16% of private lands have been released.”
Presumptuous Remarks On Mass Graves
On the discovery and dating of skeletal remains in a mass grave in Mannar, and the innuendoes made by the High Commissioner in this regard, Marapana said: As for the mass graves in Mannar, referred to in para 23 of the High Commissioner’s Report, despite the fact that the test results obtained from a US laboratory have revealed that the said skeletal remains date back to 1499-1719 AD – a period when Sri Lanka was largely under European colonial rule – the report presupposes ‘other mass graves might be expected to be found in the future.’ An assumption of this nature in a public report, on a matter of this magnitude and seriousness, is not acceptable, and may even cast a doubt as regards other assertions in the report.”
Biased Approach To Facts
The Minister pointed to the considerable unevenness in the standards of proof applied to the Government of Sri Lanka, compared to those applied to the unsubstantiated allegations made by Sri Lanka’s detractors and said that this is problematic and confounding.”
Expanding on this, Marapana said: Conventional wisdom teaches us that when facts do not fit a theory, the theory has to change. However, conventional wisdom does not seem to be applied to Sri Lanka’s case. It seems that even if the theory is disproved through hard evidence that absolves Sri Lanka, as in the case of the Mannar graves, a matter in which some sceptics sought to implicate the Government of Sri Lanka, such facts are cast aside for further inquiry.”
At the same time when evidence surfaces, which contests the culpability of the Sri Lankan security forces and police in having deliberately caused civilian casualties during the last phase of the conflict, this evidence is summarily disregarded.”
Denies Colonization of Tamil Areas
On the charge that the government is encouraging the systematic colonization of the Tamil areas, Marapana said: The Government of Sri Lanka has no policy of colonization of either the Northern Province or Eastern Province, or as a matter of fact, of any province in the country.”
As regards the contention that land owners are deprived their land by declaring their land as forest cover or as archeological projects, it must be clearly and categorically stated that the Government has not resorted to any such measures.”
However, it must be borne in mind that the protection of forest land and archaeological projects is an obligation cast on any State in accordance with its international obligations that mandate protection and preservation of the environment and of the cultural heritage.”
Furthermore, in identifying the relevant forest land and the cultural heritage, respective provincial administrations are also consulted.”
New Delhi, March 20 (Reuters) – Oman’s oil ministry on Wednesday denied being part of a $3.85 billion plan to build an oil refinery in Sri Lanka, a day after the government in Colombo announced the Arab country’s participation.
Sri Lankan officials told a news conference on Tuesday that a joint venture between the Oman oil ministry and a Singapore investment vehicle owned by India’s Accord Group had agreed to build the 200,000 barrel per day refinery near Chinese-controlled Hambantota port on the island’s south coast.
The ministry was to take a 30 percent stake, the officials said, representing what would be Sri Lanka’s biggest single foreign direct investment.
No one on this side of the panel is aware of this investment in Sri Lanka,” Salim al-Aufi, undersecretary of Oman’s ministry of oil and gas, told a news conference on Wednesday.
It came as news to me, I don’t know who is signing the cheque for $3.8 billion.”
Sri Lankan officials could not be reached for immediate comment on the Oman denial. It was a public holiday in Sri Lanka on Wednesday.
Any big deal in Sri Lanka involving Indian investment will pose a challenge to China, which had until recently been on track to be the dominant foreign investor on the island.
India has become concerned in recent few years about China muscling into Sri Lanka and other countries in a region where India is the traditional power.
China is the biggest buyer of Omani oil, importing about 80 percent of the Middle Eastern nation’s overall crude exports in January, according to an Oman government website.
The Protect Wilpattu Organization says that they will launch a massive protest campaign against the alleged deforestation of Wilpattu.
Chairman of the organization Ven. Ananda Sagara Thero states that recent satellite images of the area reveal the latest information of the continuous destruction of the forest.
The Thero points out that it is unfortunate that authorities who are informed of this act are maintaining silence.
When contacted by Ada Derana, a spokesman of the Department of Wildlife stated that no harm has been done to the land area of the Wilpattu National Park as of yet.
The area in controversy is a forest reserve which is to the North of the Park, added the spokesman. He says that the Wildlife Department has no responsibility regarding the acts of deforestation going on at the said reserve.
However, the Wildlife Department point out that deforestation at the relevant reserve is illegal as it is gazetted as a forest reserve. The spokesperson further said that the Department of Forest Conservation has the responsibility to implement the law on the matter.
According to Raveendra Kariyawasam, the National Coordinator of the Center for Environment and Nature Studies, the deforestation is still going on at the Wilpattu forest reserve.
Stating that this deforestation is done under a project of the current government, Kariyawasam says that government authorities keeping silent on this is a misfortune of the whole nation.
Meanwhile, a case regarding the deforestation at Wilpattu is taken up for consideration at the Court of Appeal tomorrow (22), says Lawyer and Civil activist Nagananda Kodituwakku.
President Maithripala Sirisena has stated that Sri Lankan media reports – quoting foreign media – on the extradition former Governor of the Central Bank Arjun Mahendran cannot be accepted as an official statement by the government of Singapore.
President Sirisena stated today (21) this issuing a press release.
The press release issued by the President is as follows:
