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Opinion

Whither Freedom of Speech?

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By Dr Upul Wijayawardhana

We live in an era when it is becoming increasingly difficult to separate the truth from fiction. One may have assumed that advances in science and technology would make it easier for us to do so, but just the opposite has happened. Mainstream media have always been guilty of giving a slight slant to the truth to advance their agendas, but there were hardly any gross distortions of the truth. However, with the advent of social media and readily available broadcast sites like YouTube, truth has become a victim! In addition to the absence of statutory controls unlike in the case of the mainstream media, the sheer volumes of information disseminated by these sites make it almost impossible to monitor.

Rather surprisingly, it is not only individuals who are guilty of suppressing the truth; even international organisations are resorting to this tactic to suit the agendas of powerful nations bent on suppressing small nations. The most glaring example of this comes from none other than the United Nations itself: the supposed to be guardian of fairness! The disgraceful behaviour of the former Secretary General Ban Ki-moon defies description. The committee he appointed, the findings of which he endorsed, accuses Sri Lanka of many crimes but does not allow evidence to be challenged. In fact, Sri Lanka is denied even the right to examine the evidence. Everything is cloaked in secrecy for thirty years! In a court of law, the prosecution is obliged to provide the defence with all available data and has the right to challenge witnesses to check veracity. However, Ban Ki-moon’s UN is a law unto itself and we call it a Kekille judgement!

The right to freedom of speech at least allows us to vent our frustrations. However, it is much more important being a cornerstone of a civilised society. Not all of us think alike and we should be able to put our own points of view across but, unfortunately, pressure groups attempt increasingly to curtail free speech. Anyone questioning their views is ridiculed in social media and attempts are made to rewrite history. They forget that what is important is to learn from history rather than trying to rewrite it to suit their agendas. Of course, free speech should not mean the ability to state freely the absurd, profane and the obnoxious! It should be done within accepted norms.

The latest to join the brigades of suppression of free speech is a bank! No, it is not a bank in Sri Lanka; nor in one of the so-called totalitarian societies. Even more surprisingly, it is a bank in good old Blighty! A bank used by the Royalty! Coutts, based in London having three crowns as its logo, was started in 1692 and is the eighth oldest bank in the world. Often referred to as ‘The Queen’s Bank’, at least till last September, it serves the rich and famous. However, it is owned by the ‘high-street bank’ NatWest, which itself used to be a subsidiary of the Royal Bank of Scotland, which had to be saved from collapse by the tax-payer in 2008. It was one of the biggest banks in the world, considered too big to allow it to collapse, and has cost the British Exchequer £35.5 billion up to now. 39% of the shares are owned by the British Government. It may be the shame of that colossal failure, that RBS is now trading behind the name of its former subsidiary, NatWest!

In late June, Coutts decided to close the account of the British politician and broadcaster Nigel Farage as his views did not align with their values! True, banks can close accounts of crooks and racketeers but Farage is not one of those. Farge evokes strong emotions and is like Marmite; some love him and others hate him but even those who hate him for his views, do not consider him a crook. Therefore, Coutts has added a new dimension to banking; we close your accounts if you do not think like us! Is this not suppression of free speech?

Farage, perhaps, should be considered ‘The Father of Brexit’ as it was the train of events that he set in motion that led to the UK withdrawing from the European Union on 31 January 2020. He was a Member of the European Parliament from 1999 till Brexit and was the first person to expose waste and corruption of various branches of the European Union. Further, having sensed the direction of total integration the EU was heading, he wanted ‘independence’ for the UK and formed the UK Independence Party, of which he was the leader from 2006. As the pace for implementing Brexit was too slow, the crucial referendum being held in June 2016, he formed the Brexit party in 2019 which he led till 2021.

Those with bigger political clout, led by Boris Johnson, started their own campaign running parallel with Farage’s campaign. The combined effort led to the unexpected victory at the Brexit referendum and ‘Remainers’ continue to hate Farage even more than Johnson!

BBC, another flag waver for free speech, stands accused of having connived with Coutts as on 04 July, the day after its business editor was seen at a charity event with Alison Rose, the chief executive officer of Coutts’ owner NatWest, published an article stating that Coutts’ decision on Nigel Farage’s account did not involve considerations about his political views, stating “Nigel Farage fell below the financial threshold required to hold an account at Coutts, the prestigious private bank for the wealthy, the BBC has been told.” They did not name the source but, considering the timing, suspicion fell at the highest level and was considered by many a serious breach of client confidentiality. Further, Farage maintained that at “no point” had Coutts given him a minimum threshold.

Undaunted, Farage submitted a subject access request to Coutts, forcing out a 40-page document which he released to the press. This internal document from the bank, which contained minutes from a meeting of the bank’s Wealth Reputational Risk Committee, describes Farage as a “disingenuous grifter” who promoted “xenophobic, chauvinistic and racist views” and states “his views were at odds with our position as an inclusive organisation” with “risk factors including controversial public statements which were felt to conflict with the bank’s purpose”. Interestingly, it states that financially his account’s “economic contribution is now sufficient to retain on a commercial basis”. It refers repeatedly to Brexit, Trump and also Djokovic with known opposition to Covid vaccination!

The release of this document caused a furore, earning universal condemnation for the actions of Coutts’ from the Prime Minister downwards. I am sure most politicians were more concerned that ‘Freedom of Speech’ seems increasingly a farce in the UK!

On 20 July, Dame Alison Rose wrote a letter of apology to Farage and a cynic’s view is that she did this to save her job rather than to express her regret for the injustice to Farage! Interestingly, she states that the documents prepared for the Wealth Reputation Risk Committee “do not reflect the view of the bank”!

On 21 July, BBC changed the title of the original news item with a correction and on 24 July chief executive of BBC News and the business editor apologised to Farage. The following day, Alison Rose was forced to admit that it was she who had given information to BBC but said she was under the impression that she was just reiterating what was common knowledge! At this stage, the chairman of the NatWest group stepped in to say that though she had made a serious error of judgement, her continuing services are needed for the benefit of shareholders and hints that she could be punished by other means, perhaps reducing the annual bonus! However, following an emergency board meeting, Alison Rose resigned in the early hours of 26th morning.

It is rumoured that the resignation was due to government pressure. The city minister, who oversees financial institutions stated, “It’s not the job of the bank to tell us what to think or what political party we should support.” Freedom of speech seems to have got a reprieve!

British government is hurrying up with legislation to protect bank customers, which is yet another achievement of Farage, whilst Coutts, the Queen’s bank, is eating humble pie!



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Opinion

Boxing day tsunami:Unforgettable experience

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The aftermath of the 2004 tsunami. (Picture Sena Vidanagama for AFP)

The first and only tsunami that Sri Lanka experienced was on Boxing Day(26th) of December 2004. My wife and I, as usual, went down to Modara in Moratuwa to purchase our seafood requirements of seafood from our familiar fishmonger, Siltin, from whom we had been buying fish for a long time. Sometimes we used to take a couple of friends of ours. But on this day, it was only both of us that went on this trip.

We made our purchases and were returning home and when we came up to the Dehiwala bridge, many people were looking down at the canal from both sides of the bridge. This was strange, as normally if there was something unusual, it would be on one side.

Anyway, we came home unaware of anything that had happened. A school friend of mine (sadly he is no longer with us) telephoned me and asked whether I was aware of what had happened. When I answered him in the negative, he told me to switch on the TV and watch. Then when I did so and saw what was happening, I was shocked. But still I did not know that we had just managed to escape being swept away by the tsunami.

Later, when I telephoned Siltin and asked him, he said that both of us had a narrow escape. Soon after we had left in our car, the tsunami had invaded the shore with a terrifying wave and taken away everything of the fishmongers, including their stalls, the fish, weighing scales and money. The fishmongers had managed to run to safety.

This had been about five minutes after we had left. So, it was a narrow shave to have escaped the wrath of the demining tsunami( the name many Sri Lankans came to know after it hit our island very badly}

HM NISSANKA WARAKAULLE  

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Opinion

Shocking jumbo deaths

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Revatha, one of five electrocuted in North Central province. Image courtesy of Mahinda Prabath. (It first appeared in Mongabay)

Sri Lanka has recorded a staggering 375 elephant deaths in the past eleven and a half months due to a multitude of causes, according to the Department of Wildlife Conservation.   U. L Thaufeeq, Deputy Director – Elephant Conservation said the deaths include 74 from gunshots, 53 from electrocution, 49 from hakka patas (explosive devices hidden in food), seven from poisoning, 10 from train accidents, three from a road accident, and six by drowning. It makes such diabolical reading!

“The causes of other deaths are due to natural causes or causes that could not be identified. Most of the elephants that died were young,” the official said.

Meanwhile, the human-elephant conflict has also taken a toll on people, with 149 human deaths reported this year.

Accordingly, human-elephant conflict has resulted in 524 deaths of both elephants and humans in 2024.

In 2023, a total of 488 elephants and 184 people have died consequent to the conflict, according to Wildlife Department statistics.

The human-elephant conflict in Sri Lanka has escalated to unprecedented levels with reasons like habitat destruction, encroachment, and the lack of sustainable coexistence measures contributing to the issue.

This is an indictment of the Wildlife Department for just giving the sad yearly statistics of shocking losses of our National treasures !

Given the fact that Sri Lanka boasts of 29.9% of the country declared as protected forests, Sri Lanka is a haven for nature lovers. Boasting 26 national parks, 10 nature reserves including 3 strict nature reserves, and 61 sanctuaries, the national parks in Sri Lanka offer an incredible variety of wildlife experiences.

Taken in that context, the million dollar question is why on earth the Wildlife Department is not being proactive to capture these magnificent animals and transport them into protected sanctuaries, thus effectively minimising dangers to villagers ?

Being a Buddhist country primarily, to turn a blind eye to these avoidable tragic deaths to mankind and wild elephants, we should be ashamed !

As a practising Buddhist myself, I think our clergy could play a major part in calling upon the Wildlife Department to get their act together sooner rather than later to protect human elephant conflicts !

Sri Lanka being a favourite destination amongst foreign tourists, they are bound to take a dim view of what is happening on the ground!

If the top brass in the responsible department are not doing their job properly, may be there is a case for the new President to intervene before it gets worse!

All animal lovers hope and pray the New Year will usher in a well coordinated plan of action put in place to ensure the well being of wildlife and villagers !

Sunil Dharmabandhu
Wales, UK

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Opinion

Laws and regulations pertaining to civil aviation in SL, CAASL

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This has reference to the article from the Aircraft Owners and Operators Sri Lanka, titled ‘Closer look at regulatory oversight and its impact on Tourism’, published on Tuesday, 24th December 2024.To explain further, in the beginning there was the Air Navigation Act No 15 of 1950 which was followed by the Air Navigation Regulations (ANR) of 1955. This was long before the national airline had acquired pressurised aircraft, intercontinental jets, sophisticated navigation equipment, satellite communication and automatic landing systems, and ‘glass’ flight-deck instrumentation.

Today, civil aviation in Sri Lanka is governed by Civil Aviation Act Number 14 of 2010. Yet the Air Navigation Regulations (ANR) promulgated back in 1955 remain in force.

These outdated regulations still stipulate rules forbidding the carriage of passengers on the airplane’s wings or undercarriage (landing gear). In short, they are neither practical nor user-friendly. In contrast, the Air Navigation Regulations of other countries have progressed and are easy to read, understand, and implement.

To overcome the problem of outdated regulations, as an interim measure in 1969 the then Minister of Communications and Transport, Mr E.L.B. Hurulle issued a Government Gazette notification declaring that the Standard and Recommended Procedures (SARPs) in Annexes to the ICAO Convention signed by Ceylon in 1944 shall be made law.

Even so, nothing much was done to move with the times until updating of the Civil Aviation Act 14 of 2010, while the Air Navigation Regulations remained unchanged since 1955. However, these regulations were modified from time to time by the promulgation of Implementing Standards (IS) and General Directives (GDs) which were blindly ‘cut and pasted’ by the Civil Aviation Authority of Sri Lanka (CAASL), from the ICAO (International Civil Aviation Organisation) Annexe ‘SARPS’ without much thought given. To date there are literally 99 IS’s starting from 2010.

The currently effective air navigation regulations are not in one document like the rest of the world, but all over the place and difficult for the flying public to follow as they are not regularly updated. This sad situation seems to have been noticed by the current regime.

The National Tourism Policy of the ruling NPP states, “Domestic air operations are currently limited due to high cost and regulatory restrictions. The current regulatory and operational environment will be reviewed to ensure domestic air connectivity to major tourist destinations. The potential of operating a domestic air schedule with multiple operators is proposed. Additionally, domestic airports and water aerodromes in potential key areas will be further developed, for high-end tourism growth.”

 “The tourism policy recognises Sri Lanka’s potential to develop Sri Lanka’s aviation-based specialised tourism products, including fun flying, hot air ballooning, paragliding, parachuting and skydiving, and scenic seaplane operations. To facilitate the growth of these niche markets, existing regulations will be reviewed with the aim of attracting capable investors to develop and operate these offerings.”

It remains to be seen whether the NPP government lives up to those promises.

Note:

That OPA report talks of two funds: ‘Connectivity’ and ‘Viability’ for a limited period like three or five years to help jump-start the domestic aviation industry.

The ‘Connectivity Fund’ will cap the seat price for local passengers to a more affordable value to destinations while the ‘Viability Fund’ will assume that all seats are occupied and compensate the operator for any unutilised seat. The intention is to popularise domestic aviation as a safe, quick and convenient mode of transport.

Capt. Gihan A Fernando
RCyAF/ SLAF, Air Ceylon, Air Lanka, Singapore Airlines and Sri Lankan Airlines.
Now A Fun Flier

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