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The Philippines looks askance at evidence gathering mechanism

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Himalee Arunatilaka

UNHRC report on Sri Lanka

The Philippines has questioned the allocation of as much as USD 10 mn for Geneva-based evidence gathering mechanism to inquire into accountability issues in Sri Lanka.

During the ongoing 54th Session of the Human Rights Council that commenced on 11th September, 2023, the Philippines government raised the issue.

Making a strong statement on the accountability mechanism run by the OHCHR (Office if the High Commissioner for Human Rights), the Philippines called it ‘an expensive mandate worth 10 million US dollars with an open-ended work time-frame’, that ‘runs parallel to and is divorced from functioning domestic processes.

Cuba pointed out that punitive mechanisms only gave rise to politicisation and proliferation of double standards and did not contribute in any way to the promotion and protection of human rights. Pakistan expressed concerns over the imposition of external accountability measures inconsistent with the provisions of the UN charter and UNGA Resolution 60/251.

China extended support to Sri Lanka on safeguarding national sovereignty, independence, social stability and promoting economic development and stated that Resolution 51/1 does not follow the principles of fairness and objectivity and non-selectivity and it did not have the approval of the country concerned.

Sri Lanka’s Permanent Representative to HRC in Geneva Ambassador Himalee Arunatilaka has reiterated Sri Lanka’s rejection of Resolution 46/1 and 51/1 that led to the setting up of the so-called ‘Accountability Project’. Ambassador Arunatilaka also rejected the latest written update, its conclusions and recommendations.

The latest written update, titled ‘Situation of Human Rights in Sri Lanka,’ was presented by Deputy High Commissioner for Human Rights Nada al-Nashif.

Pointing out that Resolutions 46/1 and 51/1 had been adopted by a divided vote in the Council where the majority of the Member States either opposed or abstained from voting, due to fundamental disagreement with its unacceptable content, in particular the setting up of evidence gathering mechanism, Ambassador Arunatilaka said pointing out that the move was unprecedented.

Career diplomat Arunatilaka succeeded C.A. Chandraprema in the wake of the change of government in July last year.

While raising concerns regarding the content of the written update which does not reflect the actual ground situation in Sri Lanka, the PR stated that the economic, social and financial stabilization achieved in the past year has been appreciated and acknowledged, domestically and externally, by those who have expertise.

The Sri Lankan envoy regretted that the OHCHR has also chosen to ignore the democratic resilience of the country in the past year and strongly objected to the written update that dealt with policy matters that were essentially domestic for any sovereign country and outside the framework of the Council. She declared OHCHR’s approach unhelpful.

The Wickremesinghe-Rajapaksa government also rejected all conclusions and recommendations including references to targeted sanctions based on incorrect and unsubstantiated sources contravening the principles of natural justice and the principles of universality, impartiality, objectivity and non-selectivity.

Ambassador Arunatilaka reaffirmed that Sri Lanka will continue to engage constructively with other mechanisms of the Council, in keeping with our close engagement with the international community and the Council in other areas of its work.



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Customs asked to resume probe or face legal action

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Nagananda / Liyanagama

Rs. 16 bn BMW revenue fraud:

Public interest litigation activist Nagananda Kodituwakku has said he will initiate appropriate proceedings against Director General of Customs, Wimal S.K. Liyanagama, in terms of the Anti-Corruption Act No 9 of 2023, unless the Customs carries out a revenue fraud inquiry to recover approximately Rs 16 bn in lost government revenue.

General Secretary of Vinivida Foundation, and former Customs officer, Kodituwakku said that though the Department, in response to his request for a meeting to discuss the issue, in writing, assured them that the investigation was underway, they found that the actual situation was not so.

Kodituwakku alleged that the Customs Chief had neglected what he called statutory duties under the Customs Ordinance, by disregarding his request for a meeting.

Kodituwakku said the investigation into the importation of 1,728 brand new BMW vehicles, under the concessionary duty permits issued by the government for the public servants, between 2011 and 2014, had been stalled.

The civil society activist said that investigations had revealed the vehicles hadn’t been imported by the permit holders themselves but others. It also transpired that the value of the imported vehicles, mentioned in the commercial invoices, proforma invoices and the CusDecs, tendered to Customs in the names of the permit holders, were not the actual values for the vehicles in question.

The high-profile case has been handled by the Central Investigation Directorate, at that time headed by Murugesu Thayabaran, a batchmate of Kodituwakku.

The ex-Customs officer said that he had appeared as counsel for Thayabaran in Court of Appeal and was determined to bring the case to a successful conclusion. According to him, the importer, over the years, had been represented by nine President’s Counsel as the case dragged on from the time of P.S.M. Charles, Director General, Customs.

Kodituwakku made available letters he wrote to the Customs and other parties on this issue, to The Island. Pointing out that the Court of Appeal on 7 May, 2024, dismissed the importer’s final appeal regarding the case pertaining to the revenue loss of Rs. 16 bn, Kodituwakku said that although the court had cleared the way for the Customs probe, no action had been taken.

However, the Court of Appeal ruling was given before Liyanagama succeeded Seevali Arukgoda as DG Customs on 6 May, 2026. Liyanagama served as Director General of the Department of Management Services at the Treasury before the new appointment.

Kodituwakku said that he had also brought the Customs case to the attention of the Commission to Investigate Bribery or Corruption (CIABOC).

Emphasising the failure on the part of the Opposition to raise this issue, both in and outside Parliament, Kodituwakku said that since the exposure of the BMW scam, during Mahinda Rajapaksa’s presidency, there had been four presidents, namely Maithripala Sirisena, Gotabaya Rajapaksa, Ranil Wickremesinghe and incumbent Anura Kumara Dissanayake. Unfortunately, successive administrations had allowed the interested parties to drag the case. The lack of interest shown by political parties revealed that they not only protected those responsible but encouraged corrupt practices of allowing third parties to import vehicles in terms of permits issued to legitimate recipients of such permits.

Having campaigned on an anti-corruption platform, during the presidential and parliamentary polls in 2024, the NPP couldn’t, under any circumstances, turn a blind eye to this situation, Kodituwakku said, adding that even the IMF should be concerned of the failure on the part of successive governments to recover the money.

By Shamindra Ferdinando

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Outgoing Chinese Ambassador Qi Zhenhong bids farewell to Mahanayake Theras

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The outgoing Ambassador visiting the Maha Nayake Theras

Outgoing Chinese Ambassador to Sri Lanka, Qi Zhenhong, who is scheduled to conclude his tenure on July 31, visited Kandy on the afternoon of July 18 to pay respects and receive blessings from the Mahanayake Theras of the Malwathu and Asgiriya Chapters.

During the visit, the Most Venerable Thibbotuwawe Sri Sumangala Mahanayake Thera of the Malwathu Chapter and the Most Venerable Warakagoda Sri Gnanarathana Mahanayake Thera of the Asgiriya Chapter hailed the Ambassador’s dedicated service to the country.

The Malwathu Mahanayake Thera noted that Ambassador Qi had performed his duties as a diplomat to the highest possible standard. He stated that the Ambassador’s contributions during his nearly six year tenure, including assistance during natural disasters and support for economic, educational, cultural, and religious sectors, would never be forgotten.

Expressing his appreciation, the Mahanayake Thera remarked that he would like the Ambassador to remain in Sri Lanka even after retirement.

The Asgiriya Mahanayake Thera, Most Venerable Warakagoda Sri Gnanarathana Thera, also commended the Ambassador’s efforts in supporting infrastructure development during various natural disasters and praised his initiatives in strengthening the bilateral relations between China and Sri Lanka.

Reflecting on his tenure, Ambassador Qi Zhenhong stated that the Sri Lankan economy is gradually improving under the new government. He noted that the Chinese government fully supports the current government’s focus on industrial policy, state owned enterprise reform, and exports.

The Ambassador highlighted several ongoing collaborative projects, including an agreement to provide school uniforms, the reconstruction of 14 bridges destroyed by cyclones, and the upcoming arrival of the first batch of electric buses and vehicles.

“Sri Lanka feels like my second home,” the Ambassador said, adding that he is grateful for the generous support and sincere friendship extended to him by the people of Sri Lanka. He confirmed that while his tenure ends on July 31, he will continue to engage with Sri Lanka whenever possible.

The Ambassador also visited the Senior Member of the Asgiriya Chapter, Most Venerable Godagama Sri Mangala Thera, to receive further blessings, with other prominent members of the Maha Sangha also in attendance.

By S.K. Samaranayake

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Move to extend retirement age of top judges: BASL asks govt. to stop process pending meaningful consultations

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(From left: Rienzie Arsecularatne, Rajieev Amarasuriya and Pasindu Silva

President of the Bar Association Rajeev Amarasuriya yesterday (21) briefed the media regarding the action taken by them to discourage the NPP government from increasing the retirement age of superior court judges.

Amarasuriya, flanked by BASL Deputy President Rienzie Arsecularatne (right) and Treasurer Pasindu Silva reiterated their strong opposition to the alleged move. The briefing took place at Dr. H.W. Jayawardene QC Auditorium, BASL Secretariat, Mihindu Mawatha.

Pointing out that the move to bring in a constitutional amendment to facilitate the project would be detrimental to the judiciary and the country, the BASL requested an opportunity to meet Justice Minister Harshana Nanayakkara to discuss the issues at hand.

The BASL proposed that the delegation would consist of members of the Executive Committee, President’s Counsel and senior members of the legal fraternity.

Amarasuriya said that the BASL was willing to assist the Justice and National Integration Ministry in a consultative process in case the government decided to do so. “We sincerely hope that no further steps will be taken in relation to this proposal until meaningful consultation has taken place with the principal stakeholders of the justice sector,” Amarasuriya said.

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