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Proposed Penal Code amendmentand threat of promotion of sexual abuse of children – IV

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by Kalyananda Tiranagama
Executive Director
Lawyers for Human Rights and Development

(The third part of this article appeared in The Island of 13 June 2023)

Joining the discussion, Freedom People’s Congress MP Prof. Charitha Herath has said that they would support decriminalization of same-sex relations, if and when the Bill is presented to Parliament.

‘‘We must engage with two domains to achieve the desired results. One is the political domain and the other is the cultural domain. We can change old fashioned political and cultural establishments through constant engagement. ‘’

‘’The technical approach alone will not usher in a meaningful change. That is why I highlight the importance of cultural discussions, as well, to overcome the existing barriers. Sometimes, I feel that these cultural platforms are forgotten by the younger generation,’’ Prof. Herath explained.

Minister Jeevan Thondaman countered the argument that culture was a barrier in achieving non-discrimination for the LGBTQ community in SL. He said ‘’ There is more than enough evidence from ancient history that same sex relations existed and they were very much embraced many, many centuries ago.’’ Thondaman pledged support to legislative reforms decriminalizing same-sex relations.

(E) Existing Penal Code provisions compared with Proposed Amendments

S. 365 of the original Penal Code: ‘’ Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine.’’

In the Penal Code there is no definition as to what is meant by carnal intercourse against the order of nature. According to Indian cases, acts of anal sex and oral sex were considered as carnal intercourse against the order of nature. The Police had no idea as to what is meant by it. Only where there was a complaint of a person having anal or vaginal sex with an animal, like a cow, goat or a bitch, they acted on it. This happened very, very seldom and this provision remained almost unenforced.

However, with the promotion of tourism in the 1980s, many incidents of foreign tourists having anal sex with male children were reported. The Police used to produce the suspects in courts for committing an offence not under this Section but under S. 365A of the Penal Code, carrying a much less penalty.

By 1995 Amendments, S. 365 was amended by adding a clause making it explicitly applicable to punish sexual abusers of children.

1995 Amendment of S. 365 of the Penal Code –

‘’ Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be punished with fine and where the offence is committed by a person over 18 years of age in respect of a person under 16 years of age, the offender shall be punished with rigorous imprisonment for a term not less than 10 years and not exceeding 20 years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for injuries caused to such person.’’

The new Bill proposes to repeal S. 365 and substitute it with the following section:

‘’Whoever voluntarily has carnal intercourse against the order of nature with an animal, shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also liable to fine.’’

Under the proposed Bill, anal or oral sex with any man, woman or child will no longer be considered as carnal intercourse against the order of nature; it will be considered as normal human sexual behaviour, not an offence punishable under the law.

This new Bill proposes to totally repeal S. 365A of the Penal Code, without any substitution.

S. 365A of the original Penal Code:

‘’Any male person who, in public or private, commits or is a party to the commission of, or procures or attempts to precure the commission by any male person, of any act of gross indecency with another male person shall be guilty of an offence and shall be punished with imprisonment of either description for a term which may extend up to two years or with fine or both, and shall also be liable to be punished with whipping.’’

This provision covered offences committed by male persons only. 1995 Amendment made it applicable to cover offences committed by both male and female persons and made provision for imposing deterrent penalties for offences committed on children.

1995 Amendment of S. 365A of the Penal Code –

‘’Any person who, in public or private, commits or is a party to the commission of, or procures or attempts to precure the commission by any person, of an act of gross indecency with another person is guilty of an offence punishable with imprisonment for a term which may extend up to two years or with fine or both and where the offence is committed by a person over 18 years of age in respect of any person under 16 years of age shall be punished with rigorous imprisonment for a term not less than 10 years and not exceeding 10 years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for injuries caused to such person.’’

The Supreme Court Determination on the Bill…

Three persons had filed an application – SC SD No. 13 / 2023 – in the Supreme Court challenging the constitutionality of this Bill. Fourteen petitions have been filed by persons seeking Court’s permission to intervene in the Application and the Court has allowed their applications. Out of the 14 intervenient applications, intervenient petitioners only in two applications have supported the petitioners opposing the Bill. Intervenient petitioners in 12 intervenient applications have supported the Bill, opposing the petitioners.

Among the Intervenient petitioners who supported the Bill, there were representatives of four foreign-funded NGOs that have played a leading role in the anti-Sri Lanka campaign carried on in the UN HRC in Geneva making wild allegations against the Govt.

of Sri Lanka since 2006; representatives of 3 or 4 LGBTQ groups; a former Professor in the Faculty of Law, University of Colombo; a leading NGO figure who has served as the President and two other women who have served as members of the Human Rights Commission of Sri Lanka; a women who has served as the President of the National Child Protection Authority; the person who moderated the discussion at the Canadian High Commission and a major activist in the LGBTQ movement in Sri Lanka.

Having examined and analysed the arguments and submissions of the Counsels for the petitioners, intervenient petitioners, respondents and the Attorney General, the Court has made its determination in a lengthy a Judgement. As mentioned in the Judgement:

This Bill proposes to repeal S. 365A in its entirety. ‘‘It must be reiterated that the cumulative effect of the Bill, as captured in Clause (2) (iii), is that sexual orientation of a person shall no longer be a punishable offence, and any consensual conduct between two adult persons of the same sex, irrespective of whether it takes place in private or public, shall no longer be an offence.’’ – P. 10

‘‘The Counsels who appeared for the petitioners opposing the Bill have presented four arguments in support of their position that the provisions of the Bill are violative of Articles 1,3, 4d, 9, 12(1), 13(4), 27(1), 27(2)(d) and 27(13) of the Constitution…It must, perhaps, be stated at the outset that in our view, ex facie, none of the four arguments impinge upon the provisions of Articles 1, 3, 4d, 12(1) and 13(4) of the Constitution….

‘‘The first argument was that the safeguards provided in Ss. 365 and 365A for the protection of children and those under 16 years of age will be taken away by the amendments proposed by the Bill, thereby creating space for exploitation of children and leaving a lacuna in the enforcement of the law relating to offences against children.

‘‘In this connection it was further submitted that:

exposure to lesbian, gay, bisexual and transgender (LGBT) programmes in schools could impact upon the free decision-making power of children and give rise to transgender children;

the enactment of the Bill would be contrary to the provisions in Article 27(13) which provides that ‘The state shall promote with special care the interests of children and youth, so as to ensure their full development, physical, mental, moral, religious and social, and protect them from exploitation and discrimination.’;

the protection presently afforded to children would be removed, if Ss. 365 and 365A are amended as proposed by the Bill, and that even a person under 16 years of age could engage in sexual activity with a person over 18 years of age.

‘‘ It is in this background that this Court was urged as the upper guardian of children to act in the best interests of the child and declare that the Bill is violative of Article 12(1).

The Stand taken by the State…

‘‘The learned Additional Solicitor General Haripriya Jayasundara, PC, submitted that women and children were the focus of the amendments introduced to the PC in 1995, and that while Ss. 365 and 365A were amended by increasing the punishment where one party was a person below the age of sixteen, S. 365B introduced a new offence titled ‘grave sexual abuse.’ It was further submitted by the Additional Solicitor General that the amendment introduced to S, 365B by the Penal Code Amendment Act No. 29 of 1998 specifically provides that consent with regard to any sexual conduct constituting grave sexual abuse is immaterial where the offence is committed in respect of a child below the age of 16. – vide S. 365B(1)(aa). It was her position that in the event the conduct of any person does not fall within the definition contained in S. 365B, S. 345 of the PC which deals with sexual harassment could be resorted to in order to protect children against any unwelcome sexual advances by words or action. Thus, the contention of the petitioners is unfounded and without any legal basis.’’

It appears that the Court has come to this conclusion on the basis of the submission made by the learned Additional Solicitor General. However, her submission is far from correct. It does not appear from the Judgement as to whether the Counsels of the petitioners made any attempt to show the fallacy of the submissions made by the learned ASG.

‘‘The second argument of the Counsels of the petitioners was that the impugned amendment will dilute the Rule of the Law and result in the life and liberty of the citizens being at risk. This argument is even more tenuous and the petitioners have not been able to connect passing of this Bill to any violation of the Rule of the Law.

‘‘The third argument was that a majority of those with HIV and Aids have history of male or bisexual exposure and that decriminalization of same-sex relationships will give rise to an increase in the number of persons infected with HIV and Aids. It was further submitted that this would have an adverse impact on national security by destroying individuals, families, communities, economic and socio-political institutions, and the military police forces, and that the protection granted by the Chapter on fundamental rights cannot be truly enjoyed without the provision of a safe, secure and protective environment in which a citizen of Sri Lanka may realize the full potential of his existence.

‘‘However, little to nothing has been submitted to this court in support of this proposition other than a singular point that HIV and Aids affect those engaging in same-sex intercourse more than those engaging in hetero-sexual intercourse. Hence, the material placed before this Court by the petitioners does not support their position that HIV and Aids are only prevalent in homo-sexuals or that the proposed amendment will result in an increase in the number of persons afflicted with HIV and Aids.

‘‘Counsels for some of the intervenient petitioners presented three important arguments. The first was that it is not only homo-sexual males who contract HIV, but female sex workers, returnee migrant workers and those who use or inject drugs. The second is that criminalization of homo-sexual conduct between two consenting adult males has only resulted in such persons being marginalised from society and thereby being deprived to access of proper health care which if available would address the spread of HIV and Aids among those persons. The third is that the amendment of S. 365 and S, 365A would facilitate the outreach to individuals and groups at a heightened risk of infection. The intervenient petitioners and the ASG agree on the point that the perception that HIV is disproportionately higher in homo-sexuals is due to the social stigma caused by the criminalization of their relationships…..The Counsels of petitioners did not adduce any scientifically acceptable evidence in support of this line of thinking.

The fourth and final argument was that ‘‘homo-sexual activity is contrary to the principles of Buddhism and therefore violates Article 9 of the Constitution…. The petitioners did not explain the manner in which the decriminalization of one’s sexual orientation derogates from the State’s duty protect and foster Buddha Sasana nor the point of how the proposed amendments are prohibited by or contrary to Buddha Sasana, except to state that it is an offence (parajika) for a Buddhist priest to have sexual relations with another, irrespective of whether the other person is of the same sex or opposite sex.

‘‘On the contrary, Mr. Sanjeewa Jayawardana, PC and Mr. Prasantha Lal de Alwis, PC, appearing for some of the intervenient petitioners submitted that: (a) Bhikkus and Bhikkunis have a separate code of conduct (Vinaya rules) and lay persons are not governed by the rules in the said code; (b) none of the ‘sutras’ focussed on the conduct of lay persons condemn homo-sexuality; (c) while the basic tenets of all religions are that all human beings should be treated fairly and equally irrespective of their circumstances, the fundamental teachings of Buddhism includes tolerance towards and equal treatment of all human beings and that Buddhism does not discriminate persons whose sexual orientation is anything other than hetero-sexual; (d) from whatever parity of reasoning, it would be outrageous for the petitioners to allege that a law which decriminalises homosexuality would result in the undermining of the Buddha Sasana.

‘’We are of the view that the final argument of the petitioners too lacks merit.

‘‘Most of the arguments put forward by and in support of the petitioners are largely based on speculation and may be disposed of summarily. For instance, the argument that children would be harmed by the passing of this Bill or the argument that there shall be an increase in the number of those afflicted with HIV and Aids is specious.’’ – P. 17 (To be continued)



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Sri Lanka’s rice conundrum: Time to stop managing crises and start fixing the system

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Prof. Ranjith Senaratne,
Emeritus Professor in Crop Science and former Vice-Chancellor,
University of Ruhuna and General President of the Sri Lanka Association for the Advancement of Science (2023) and
Prof. Prasad Jayaweera,
Dean, Faculty of Computing, University of Sri Jayawardenapura

Rice is not merely another crop in Sri Lanka. It is our staple food, an integral part of our history and culture, and a foundation of the civilisation that flourished around our ancient hydraulic systems. Revered as Buddha Bhogaya, the Buddha’s crop, rice has sustained our people for more than two millennia. Yet, remarkably, a country with such a profound relationship with rice continues to lurch from one rice crisis to another.

At one time, we have a surplus. At another, we face shortages. Prices rise sharply, consumers complain, farmers struggle to obtain remunerative prices, millers and traders become the focus of public attention, imports are hurriedly arranged, and governments announce yet another set of measures to contain the crisis. Then, after the immediate problem subsides, the matter recedes from the national agenda, until the next crisis arrives.

Why does this keep happening despite decades of agricultural research, policy interventions, expert committees and public debate?

Perhaps because we have been asking the wrong question. The fundamental problem is not simply how to produce more rice. Nor is it merely a question of prices, imports, fertiliser, farmers, millers or markets. The rice conundrum is a complex national systems problem.

We cannot solve a system by fixing its parts in isolation

Sri Lanka’s rice sector is an intricate web of interconnected systems involving agriculture, land, water, climate, technology, finance, energy, transport, markets, trade, governance, institutions and consumer behaviour. A decision made in one part of this system can have consequences, sometimes unintended, in another.

A change in fertiliser policy, for example, can affect productivity and production costs, which in turn influence farmer profitability, market prices and the need for imports. Irrigation decisions affect not only production, but also water availability, energy use and environmental sustainability. Guaranteed prices influence farmers’ cropping decisions, while import policies can simultaneously protect consumers and weaken incentives for domestic production. Likewise, market concentration can affect both the price received by farmers and the price paid by consumers. This is precisely why isolated interventions so often produce disappointing results. We keep treating symptoms while leaving the underlying system largely untouched.

For decades, we have generated valuable scientific knowledge on individual aspects of rice production and marketing. But knowledge generated within disciplinary and institutional silos does not automatically translate into solutions to complex real-world problems. What is needed now is a fundamentally different way of thinking.

From a “rice crop” to a “rice system”

The first step is to stop looking at rice simply as something that is grown in a paddy field.

The rice system begins with land, water, seed, inputs, technology and finance. It extends through cultivation, harvesting, drying, milling, storage, transport, wholesale and retail marketing, and finally to the consumer’s table. At every stage, there are different interests, incentives, constraints and actors: farmers, farmer organisations, input suppliers, machinery operators, millers, traders, wholesalers, retailers, financial institutions, government agencies, researchers and consumers.

And hovering over the entire system are climate change, changing consumer preferences, technological transformation and national economic conditions. A weakness anywhere in this chain can compromise the performance of the whole system.

Consider post-harvest losses. If significant quantities of rice are lost because of inadequate drying, storage or processing facilities, increasing production alone cannot solve the problem. Similarly, if farmers produce efficiently but face weak markets and poor bargaining power, productivity gains may not translate into improved livelihoods.

The question, therefore, should not be “How much rice can we produce?” but “How can we make the entire rice system work better?”

That requires us to see the connections.

The missing ingredient: reliable, real-time information

There is another fundamental weakness that deserves urgent attention: we still lack a comprehensive, integrated, interoperable and reliable national information system for rice. Information is scattered among different institutions, often collected using different methodologies and not necessarily available when decisions need to be made.

How much rice will actually be produced? How much is in storage? What is the likely demand? Where are the emerging production shortfalls? What are the stocks held by different actors? How are prices moving along the value chain? What are the likely consequences of climate conditions? Without timely and reliable answers to such questions, policymakers are forced to make critical decisions with incomplete information. This is not merely an administrative inconvenience. It is a national food-security vulnerability.

Sri Lanka should therefore seriously consider establishing a National Rice Intelligence and Decision Support System (NRIDSS), an integrated digital platform that brings together relevant real-time information from agriculture, meteorology, irrigation, markets, trade, statistics and other institutions. Such a system could support production forecasting, market monitoring, import decisions, early warning and evidence-based policy formulation. In an increasingly uncertain climate and volatile global economy, this should no longer be regarded as a luxury. It is becoming an essential component of national food-system governance.

The deeper problems cannot be ignored

A systems approach would also force us to confront some uncomfortable structural realities. Why does productivity remain relatively low despite decades of research? Why are so many holdings too small to achieve economies of scale? Why are modern technologies and precision agriculture not being adopted more rapidly? Why do farmers often have limited bargaining power? Why do substantial losses occur after harvesting? Why can market power become concentrated in a relatively small number of actors? Why are guaranteed prices sometimes announced too late to influence farmers’ production decisions? Why are policy interventions so often reactive rather than proactive? And how will droughts, floods, temperature extremes, changing rainfall patterns and emerging pests affect the stability of rice production in the years ahead? These are not separate questions. They are parts of the same system.

From crisis management to systems governance

Sri Lanka does not need another isolated discussion about rice. What is needed is a national policy dialogue and action forum that brings all relevant actors together, not merely to exchange speeches, but to develop a shared understanding of the system and agree on what needs to be done. Such collaboration must go beyond consultation or the exchange of views. The different parties need to work together from problem definition through to implementation, bringing their diverse knowledge, perspectives, interests and practical experience into a common process.

Farmers bring contextual and experiential knowledge; industry actors understand market realities and operational constraints; scientists contribute evidence and analytical capabilities; policymakers bring institutional and regulatory perspectives; while technology and data specialists can provide new tools for understanding and managing the system. When these different perspectives are brought together systematically, they can reveal interdependencies, challenge assumptions, identify feasible interventions and generate solutions that are evidence-based, practically implementable and socially acceptable.

This is the essence of a transdisciplinary systems approach: not simply working across disciplines, but bringing together multiple stakeholders and multiple forms of knowledge to co-create solutions and share responsibility for outcomes. The process should therefore go beyond presentations and speeches. It should involve systems mapping, causal analysis, stakeholder dialogue, scenario planning and the participatory identification of the critical bottlenecks and leverage points in the rice system. Most importantly, it should distinguish between what is urgent and what is important, and between interventions that merely alleviate symptoms and those capable of changing the underlying behaviour of the system itself.

We need an implementation roadmap, not another report

There is, however, one important caveat. Sri Lanka has no shortage of reports, recommendations and policy documents. What we often lack is sustained implementation. Any national initiative on the rice conundrum must therefore end not with another set of broad recommendations but with a prioritised national action roadmap. It should identify short-, medium- and long-term actions, assign institutional responsibilities, establish timelines and define measurable indicators of progress. The ultimate objective should be to move Sri Lanka from reactive crisis management to proactive systems governance.

A national opportunity

The rice conundrum may, in fact, provide Sri Lanka with an opportunity that extends well beyond rice to deal with other important crops. If we can demonstrate that a complex national problem can be addressed by bringing together science, policy, stakeholder knowledge, real-time information and systems thinking, the approach could become a model for addressing other persistent challenges, from climate resilience and water security to energy, food systems and disaster risk.

The choice before us is therefore quite stark. We can continue responding to each rice crisis as it emerges, adjusting prices, arranging imports, appealing to millers, reassuring consumers and supporting farmers, only to repeat the cycle later. Or we can step back and ask a more fundamental question:

What is it about the way our rice system is structured and governed that continually produces these crises?

That is the question that needs to be answered. Sri Lanka has the scientific expertise, institutional capacity and stakeholder knowledge required to do so. What is needed now is the willingness to bring these fragmented sources of knowledge together and examine the rice sector as one interconnected system.

Our ancient civilisation understood the importance of interconnectedness: land, water, agriculture and society were organised as parts of a larger whole. Perhaps, in confronting the modern rice conundrum, we need to rediscover that systems wisdom, this time supported by modern science, technology, real-time data and transdisciplinary thinking. The time has come to stop merely managing the rice crisis. It is time to fix the system that keeps producing it.

It is against this backdrop that the Sri Lanka Association for the Advancement of Science (SLAAS) proposes to convene shortly a “National Policy Dialogue and Action Forum on the Rice Conundrum in Sri Lanka”, bringing together the key stakeholders across the rice system. The Forum is intended to provide a platform for moving beyond piecemeal and reactive interventions towards a coordinated, evidence-based and transdisciplinary systems approach, one capable of generating lasting and pragmatic solutions to what has become an “island-shaking national issue”.

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This curse of partisan politics in Sri Lanka

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78 Years of Demagoguery, Not Democracy

by Brigadier Ranjan de Silva
rpcdesilva@gmail.com

On the 4th of February every year, we raise the lion flag and speak of democracy. We speak of 78 years of “self-rule.” But honesty demands we ask: what kind of rule have we actually had? It was not democracy. Democracy is government for the common good, constrained by law, informed by reason, and accountable to truth.

What Sri Lanka has had for 78 years is demagoguery — government by manipulation, by party, and by passion.

Defining the Curse:

The dictionary defines demagoguery as “political activity that seeks support by appealing to the desires and prejudices of ordinary people rather than by rational argument.” Its tools are simple: divide the people, promise the impossible, demonize the opponent, and govern for the next election, not the next generation. That is the political culture we inherited in 1948 and perfected since.

78 Years of Evidence:

The record is not ambiguous. Policy by Pendulum – 1948–2024. Instead of a national development plan, we got a partisan wrecking ball. 1956: The “Sinhala Only Act” was passed not after linguistic study, but as an election mobilization tool. 1970-77: The SLFP nationalized private enterprise and imposed import controls. 1977: The UNP reversed course with an open economy overnight. 2005-2014: Mega infrastructure was built on Chinese loans with no feasibility transparency. 2015-2019: Those same projects were called “white elephants” and stalled. 2020-2021: The organic fertilizer ban was announced as a populist “green” policy, reversed 6 months later after it collapsed agriculture and food prices. The Colombo Port City, Hambantota Port, and the Central Expressway all followed the same pattern: started, stopped, rebranded. The country pays twice. The party takes credit once. Economics as Election Candy. Demagoguery is expensive. 1960s: Subsidized rice to win rural votes, leading to the 1971 food crisis.

2005-2014:

Fuel subsidies and public sector hiring sprees that doubled the wage bill. 2019:

Unfunded tax cuts that removed Rs. 500 billion in annual revenue with no offset. By April 2022, external debt hit $51 Billion and we defaulted for the first time. The party that cut taxes was not in power to manage the IMF program. The party that inherited it was blamed for the austerity. This is the cycle. Institutions captured. A democracy needs referees. We turned them into party cadres. The 17th Amendment 2001 created independent commissions. The 18th Amendment 2010 abolished them. The 19th 2015 restored them. The 20th 2020 gutted them again. Police transfers, university vice-chancellors, and state bank chairmen have all been decided by party headquarters, not merit.

When the institution serves the party, the citizen gets leftovers.

Identity over Ideas: From 1956 to 1983 to 2009 to 2022, our elections have been won on fear, not spreadsheets. “They will erase your language.” “They will sell the country.” “Only we can protect Buddhism/the minorities/the nation.”

Rational debate on debt, productivity, or climate adaptation never wins a rally. Prejudice does. That is demagoguery by definition.

Party Interest subverted the National Interest. The core damage of 78 years of partisan politics is this: the nation became secondary to the party. Need power sector reform? Impossible, because our unions will strike. Need to cut 300,000 ghost employees? Impossible, because our voters will defect. Need a 20-year education and export plan? Impossible, because it won’t show results before the next election. So, we borrowed. We patched. We lied. The result: a railway system that still runs on 1950s engines, hospitals without paracetamol in 2022, and a brain drain of 300,000+ skilled workers since the crisis. The parties rotated. The country declined.

The Opposition’s Original Sin and here, all parties share guilt equally. In opposition, the job is not to govern. It is to destroy. The UNP in the 60s called the SLFP “communist.” The SLFP in the 70s called the UNP “imperialist.” The JVP called both “traitors.” The SJB, SLPP, and NPP today use the same script with new logos. Every tax is “anti-people.” Every reform is “a sell-out.” Every crisis is proof the other side is evil and must be removed at any cost. Then they win. And implement 80% of what they opposed. Because demagoguery has no principles, only positions. 78 years of unmerciful, bad-faith criticism has not produced accountability. It has produced cynicism. The public now believes all politicians are the same — because for 78 years, they have behaved the same.

Breaking the Curse:

Changing the party in power will not end this. We must change the incentives that reward demagoguery. Three reforms are non-negotiable: Bind future Parliaments to national policy. Pass 10-year frameworks for energy, education, and public debt with 2/3 majority protection. Infrastructure and fiscal rules should outlast one government, as they do in Chile and New Zealand. Depoliticize the state. Independent commissions for police, elections, public service, and bribery must have constitutional budgets and appointment panels that exclude MPs. No more 18th/20th Amendment style rollbacks. Demand better from voters We must stop rewarding the best slogan and start demanding the best spreadsheet. Town halls over rallies. Costings over promises. A 5-year plan over a 5-minute speech.

In 1948, we did not inherit democracy. We inherited an election. For 78 years we have used that election to choose our favourite demagogue. The prize has been debt, division, and decay. The curse of partisan politics will only end when citizens and leaders agree on one principle: Party second. Country first. Until then, February 4th will remain a ceremony, not a celebration.

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Developing markets for fruits, vegetables and flowers in the Gulf

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Image courtesy Export Development Board)

Export diversification – Missing the wood for the trees – Part II

by Gomi Senadhira

Sri Lanka established its diplomatic presence in the Gulf region only in the early 1980s. First, a small embassy was opened in Abu Dhabi, covering the UAE. Then in 1982, embassies were opened in Jeddah and Kuwait. The embassy in Jeddah covered Saudi Arabia while Kuwait was responsible for Kuwait, Oman, Qatar and Bahrain. Commercial Diplomats were also assigned to these two embassies. A senior private sector executive, with experience in marketing, was posted to Jedda as the commercial counsellor. I was posted to Kuwait as a second secretary (Commercial). Our instructions were very clear. Focus not only on traditional exports. Product diversification was a priority.

Developing Markets for Agricultural Products

At that time, Minister Lalith Athulathmudali had just launched his Export Production Villages (EPV) programme. He believed that the EPVs working closely with the exporters would provide an ideal opportunity for rural households to directly benefit from the government’s new open trade policy. Agricultural products, particularly fruits and vegetables, were a key component of this approach and the ministry thought that the Gulf countries, with large Sri Lankan communities, would have a ready-made market for these items. Thus, from day one we were compelled to explore the market for nontraditional exports; fruits and vegetables (F&Vs) were on the top of our priority list.

From cane baskets to cardboard boxes

Fortunately, the market for the F&Vs products in the region was at a very early stage of development. That provided an opportunity for Sri Lankan exporters, who were also inexperienced, to work with the importers and grow together. For example, in Kuwait, one of our first customers for F&Vs was a small supermarket where the manager was a Sri Lankan. After the first shipment arrived, he invited me to inspect the shipment. I visited the supermarket and was shocked by what I saw. While produce from other countries was packed nicely in cardboard boxes, our packaging mirrored transport to Manning market, cane baskets! As a result, fresh produce had suffered significant damage. A long report, with photographs, to the trade ministry produced an immediate response. After all, this was a pet project of the Minister. Within weeks, shipments were packed in cardboard boxes. Immediately afterwards, an expert on packaging from the Commonwealth Secretariat was sent to Kuwait with an official from the EDB to study the problem.

By then, we had also managed to develop a friendship with the management of the Salmiya supermarket, a large upmarket supermarket patronised by wealthy Kuwaitis and expats. It was a cooperative and the chairman was a Kuwaiti public servant. I could only meet him after 6 PM when his large office functioned as a diwaniya, a cherished cultural space in Kuwaiti society. Guests moved in and out the room. I had to spend time with them sipping many cups of tea. Though that meant at least two hours on each visit, it helped greatly to develop a close relationship. The general manager was an efficient and friendly Palestinian. After many visits we had succeeded in getting an order for F&Vs. The day after the first shipment arrived, I got an urgent call from the GM to come and inspect it. Once again, I was in for a surprise. Inside the cold room, the consignments from other countries were stacked neatly on top of each other, while vegetable boxes from Sri Lanka had collapsed once placed on top of each other, crushing the produce within.

Fortunately, our packaging experts arrived in Kuwait soon after this incident. They spent two days in the Salmiya Supermarket, studying the packaging from other origins. We were also successful in assuring the GM our packaging would improve. After that, packaging improved and exports moved smoothly. With that, Sri Lanka emerged as a small but reliable supplier to the mainstream market, not just the ethnic segment of the market.

Export of Fresh Vegetables by Sea

Towards the end of my tour, a Sri Lankan businessman requested me to find a buyer for cabbages, which he was prepared to export in large quantities by sea. I introduced him to the largest fruit and vegetable importer in Kuwait. Their regular suppliers of similar vegetables were Jordan, Lebanon and Syria. Luckily, the company was keen to diversify the supply sources. A few weeks later, the first container load of cabbages from Sri Lanka arrived in Kuwait. Immediately after the arrival of the container, I visited the company. They were pleased with the quality and the price and were looking forward to importing more fruits and vegetables. Unfortunately, that turned out to be a one-off event. Later on, when I was back in Sri Lanka, the exporter informed me that he couldn’t continue with it due to the problems with the local supply chains.

Floriculture

During the period I was asked by the EDB to explore the market for floricultural products, more particularly for cut flowers. At that time Kuwait was a relatively large importer of cut flowers and live plants. The main suppliers were the Netherlands and Colombia. Importers were also reluctant to move out of the established supply chain, particularly due to “snob value” associated with the product from Europe. However, after some difficulties, one importer agreed to place a pre-paid trial order. After the arrival of that shipment, he was impressed by the quality of the product and the orders expanded rapidly. As a result, by the end of 1985 Kuwait had become a major buyer of Sri Lanka’s floricultural products.

From village to global markets

As a result of the proactive promotional work undertaken by the EDB and the embassies in the region, by 1985, Sri Lanka had managed to acquire a small but significant share of the F&V and floriculture markets in the GCC countries. We had also identified domestic supply chain issues that hindered exports. All that was done, long before Southeast Asian or African countries even entered into that market. In fact, my Southeast Asian colleagues used to contact me often to reserve “durian” for them at the “Sri Lankan supermarket”.

Most importantly, a substantially large share of produce from Sri Lanka in Kuwaiti supermarkets originated in the EPVs. Of course, that didn’t just happen. The ministry (or the minister) using the carrot and stick approach “encouraged” exporters to buy the produce directly from the newly established EPVs. (The writer can be reached at senadhiragomi@gmail.com)

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