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Global Human Rights Sanctions Regulation 2020: Some UK lawmakers want CBK, Sarath, Shavendra et al categorized
The All-Party Parliamentary Group for Tamils of the House of Commons, UK has requested the government to designate former President Chandrika Bandaranaike Kumaratunga, Samagi Jana Balavegaya MP Field Marshal Sarath Fonseka, Army Commander Lt. Gen. Shavendra Silva et al in terms of the Global Human Rights Sanctions Regulation 2020.
The group consists of Elliot Colburn MP (Chair), Bob Blackman MP (Vice Chair), Feryal Clark MP(Vice Chair), Robert Halfon MP (Vice Chair), Kate Osamor MP (Vice Chair), Sam Tarry MP (Vice Chair) and John McDonnell MP.
The following is the text of the letter sent by the group to Dominic Raab MP Secretary of State for Foreign and Commonwealth Affairs: “We welcome the introduction of the Global Human Rights Sanctions Regulations 2020 which reiterates the United Kingdom’s commitment to the rule of law. This new sanctions regime comes at a time when the world is seeking renewed leadership on human rights and justice and we believe that targeted sanctions have the power to promote and protect human rights in many countries that have been areas of priority for the UK.
“We are writing to you to kindly request you to consider applying the new regime in respect of Sri Lanka, in line with the UK’s longstanding commitment to accountability and reconciliation on the post-war island. Sri Lanka in many ways is a parallel situation to Myanmar where an ethnonationalist military dictates political direction and as evident in Myanmar, international accountability measures are the only way to advance transitional justice and prevent further atrocities.
“We feel that sanctions against certain individuals accused of atrocity crimes in Sri Lanka could, therefore, play a role similar to those that have been issued by the UK against two high-ranking military generals in Myanmar. In particular, we recommend the designation of two key military members who stand accused by the UN and rights organisations of heinous atrocity crimes that violate the right to life: Lieutenant General Shavendra Silva (Head of the Army) and Staff Sergeant Sunil Ratnayake.
“Sri Lanka emerged from a brutal 30-year armed conflict between the Sri Lankan government and the Liberation Tigers of Tamil Eelam (LTTE) which culminated in genocidal attacks killing an estimated 70,000 Tamil civilians in 2009. The war was characterised by horrific atrocity crimes which were documented in a report by the United Nations Office of the High Commissioner for Human Rights’ Investigation on Sri Lanka (‘OISL’).
(ii) The OISL was the culmination of a series of UN Human Rights Council resolutions which the United Kingdom played a key role in co-sponsoring and supporting.
Following the OISL report, Sri Lanka alongside countries including the UK, co-sponsored UN Human Rights Council Resolution 30/1 in 2015 in which they pledged to undertake a meaningful transitional justice process, including setting up a hybrid court with international judges, security sector reform and a political settlement that would address the root causes of the ethnic conflict on the island.
(iii) However, despite co-sponsoring the resolution, Sri Lanka’s then government failed to make sufficient progress on the central issue of accountability, quickly reneging on international justice commitments and instead pledging to protect the military. (iv) In recognition of this, as early as 2017, the former UN Human Rights Chief, Zeid Ra’ad Al Hussein called on member states to explore avenues to exercise universal jurisdiction to bring perpetrators of atrocity crimes in Sri Lanka to account.
(v) In November 2019, Sri Lanka elected the former Secretary of Defence and alleged war criminal, Gotabaya Rajapaksa, as their President. During Rajapaksa’s tenure as Secretary of Defence, both during and after the armed conflict, he is alleged to have overseen the abduction, torture and disappearance of several primarily Tamil journalists and human rights defenders.
(vi) The new government under Rajapaksa announced in February of this year that they would no longer be supporting UN Resolution 30/1, turning their backs on the international community and firmly rejecting any prospects of justice for victim communities.
(vii) Instead of pursuing a path towards sustainable peace, over the past few months Sri Lanka has descended rapidly back into an ethnocratic authoritarian state with targeting of human rights defenders, increasing militarisation of traditional Tamil homelands and the promotion of individuals accused of serious human rights violations.
(viii) These concerning developments were all recognised already by the UK in the statement of the core group of supporters to Resolution 30/1 at the 44th Session of the UN Human Rights Council in June.
(ix) These developments significantly increase the risk of a recurrence of atrocity crimes, particularly against Tamil communities, and also Muslim communities who have increasingly come under attack over the past decade.
“It is evident that without accountability for atrocity crimes, Sri Lanka will continue to be trapped in recurrent cycles of ethnonationalist violence. As a core supporter of transitional justice efforts in Sri Lanka, the United Kingdom has a unique responsibility to send a strong message to Sri Lanka, that atrocity crimes will not go unpunished and thereby prevent future atrocity crimes from occurring.
“As a first step to doing this, we would urge you to designate former President Chandrika Bandaranaike Kumaratunga, Field Marshal Sarath Fonseka, Lieutenant General Shavendra Silva and Staff Sergeant Sunil Ratnayake under the new Global Human Rights Sanctions Regime for their role in perpetrating atrocity crimes that violate the right to life.
Kumaratunga served as president of Sri Lanka and Commander-in-Chief of the military forces from 1994 to 2005. A period marked by human rights abuses and mass bombings, including the bombing of Navaly Church that resulted in 140 civilian deaths and Nagarkovil School that resulted in 71 civilian deaths including 25 school children. Despite the atrocity crimes she committed whilst in power, Kumaratunga regularly visits the United Kingdom. For many torture victims of her regime who sought asylum and currently reside in the United Kingdom, her visits instil fear and acts as reminder of the impunity Sri Lankan war criminals enjoy at home and abroad.
“Fonseka was the commander of the Sri Lankan Army from 2005 until the end of the armed conflict in May 2009. Sri Lankan forces under his command have been implicated in numerous instances of unlawful shelling of civilians and hospitals, rape and other sexual violence, and the summary execution of prisoners.
“Silva was head of the 58th Division of the Sri Lankan army during the last phase of the war, which is named in the OISL report as having committed the most egregious crimes. Instead of holding Silva accountable, the Sri Lankan government promoted Silva to Head of the Army in August 2019, demonstrating their unwillingness to hold those accused of even the most heinous atrocity crimes accountable.
(x) In February 2020, the United States Secretary of State designated Silva under the Department of State, Foreign Operations and Related Programmes Appropriations Act, banning him and his family from entering the country “due to credible information of his involvement, through command responsibility, in gross violations of human rights, namely extrajudicial killings, by the 58th Division of the Sri Lanka Army during the final phase of Sri Lanka’s Civil War in 2009.”
(xi) The Foreign Office’s 2019 Human Rights and Democracy report also highlights Silva’s appointment as an area of concern, stating “this appointment called into question Sri Lanka’s commitments made to the HRC on justice and accountability. In response to the appointment, the UN Department of Peace Operations announced in September that it would suspend future deployments of Sri Lankan peacekeepers, except where suspension would expose UN operations to serious operational risk.”
(xii) Until earlier this year, Ratnayake was a rare example of accountability for atrocity crimes committed by the Sri Lankan forces. The soldier was convicted of murdering eight unarmed Tamil civilians including three children after a 13-year trial in 2000. The conviction was upheld and confirmed by the Supreme Court of Sri Lanka in April 2019 and was a rare moment of accountability for atrocity crimes perpetrated during the war. However, in March 2020, President Gotabaya Rajapaksa issued a presidential pardon to Ratnayake, absolving him of all charges, reinforcing the government’s rejection of any attempt to hold the military accountable for human rights violations.
(xiii) The UK as part of the core group of states co-sponsoring Resolution 30/1 has already criticised the pardon of Ratnayake.
(xiv) Kumaratunga, Fonseka, Silva and Ratnayake are only four of a long list of individuals from the Sri Lankan military against whom there is credible evidence of grave human rights violations, including violating the right to life and the right to be free from torture, but their designation will have the symbolic effect of sending a strong message to the Sri Lankan government that the UK will not let go of the need for accountability for war crimes and thereby contribute towards preventing further atrocity crimes. Accordingly, we ask respectfully that you consider our request to designate Kumaratunga, Fonseka, Silva and Ratnayake under the Global Human Rights Sanctions Regulation 2020.
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Govt plans to hire 121,000 state workers, redistribute tax revenue
MONETABRIEF –Sri Lanka plans to hire 121,000 state workers to fill identified vacancies over the next year as part of plans to return tax money to the economy President Anura Kumara Dissanayake has said.
For many years employment was restricted to the state service.
“We will not hire in a ad hoc manner (hithoo hithoo vidiyater),” President Dissanayake told a public rally in Akuressa.
“A committee under the Prime Minister and asked each agency what the vacancies were. Was it essential? Will these people stay with no work? We will hire 121,000 to the state service in that manner. This year. We have not hired all.”
“10,000 for the Police. 23,000 teachers. Then a young person in the village will get a job. A teacher will be there. They will get an economic strength. They will join the police.
“Next year we will give a special allowance to police in the budget. They work 18 hours. They will get a uniform with a batton and kid. When the jobs are created, economic opportunities will be created.
“Then the benefits that the economy got will to the people.”
When Sri Lanka defaulted around 80 percent of the tax revenues went to pay state worker salaries and pensions after rising to 50 percent when the stimulus for economic growth (potential output targeting) initially started.
With more money in the Treasury capital expenditure will also be increased to 2,000 billion rupees in the 2027 budget.
Sri Lanka is planning to build some expressways with domestic financing which may trigger more imports and require higher interest rates to maintain external stability.
Opposition leader Sajith Premadasa also pushed to hire more unemployment graduate in parliament transferring more taxes collected from the people to able bodied population.
Analysts had warned that ‘revenue based fiscal consolidation’ was a spurious doctrine as spending will catch up to match revenue.
Generally called Parkinson’s Second Law, the phenomenon was articulated by Nortcote C Parkinson in an article in the Economist magazine in 1955 when he was working at the Raffles University campus in Singapore (now NUS).
Sri Lanka went on a revenue based fiscal consolidation drive from 2015 and eventually defaulted as ‘policy support’ intensified with aggressive central bank activism under a 5 percent inflation target after the agency was taught by the IMF to calculate potential output targeting.
In Sri Lanka politicians are against printing money but macro-economists support high inflation and monetary depreciation. When people are impoverished by depreciation and the high inflation target of the central bank, Aswesuma (income support) benefits are increased.
In 2026 the rupee collapsed to 330 to the US dollar from 300 a year earlier as the government ran a budget surplus.
Macro-economists who cut rates had blamed budget deficits for external trouble since money printing to suppress interest rates started in 1952. What is now called ‘rate cuts’ were not invented at the time.
Meanwhile another method of spending money in the Treasury was to give subsidies, President Dissanayake said. The subsidies will however be targeted to the deserving.
These included persons affected by kidney disease, orphans in care who will get 5,000 rupee a month deposited into their accounts and 2 million rupee when they leave the home to build a house.
The time in the care home had been extended from 18 to 21 years, he said.
It was not a good idea to give subsidies to all, President Disssanayake said.
However, even in rich countries there were a section of the population that had to be supported and others who faced sudden crises in their lives.
Politicians in Sri Lanka are against money printing and pushing up the cost of living, but are unable to do anything as the central bank is independent and has a 5-7 percent.
The International Monetary Fund has supported Sri Lanka’s controversial 5-7 inflation target which was to have been revised in October, delivering a blow to advocates who want monetary stability, free trade and democratic rule for the country.
The central bank exceeded its target and pushed up inflation to 8 percent in 2026.
Though opposed inflation and being prepared to raised taxes, politicians in a democratic set up dominated by are they are under pressure to spend, whenever tax revenues increase.
Macro-economists also push politicians to engage in capital spending not for benefits that come after a project is completed, as in the classical period, but for the instant gratification of the ‘multiplier effect’ of Keynesian stimulus or what is called ‘policy support’ by the IMF.
The thinking of macro-economists well-articulated in ‘revenue based fiscal consolidation’ which was rejects the classical ‘spending based consolidation’ match political needs.
Many western nations including the US, which has been in the grip of stimulus advocates over over 20 years are now drifting towards debt crises with uncontrollable inflation under so-called ample reserve regimes operated by central banks.
Sri Lanka first started to go to the IMF in the 1960s as US macro-economists in particular started to push ‘full employment’ policies leading to the collapse of the Bretton Woods a few year later.
“Past experience in Ceylon, which is in line with experience in virtually all parts of the world, is that in a democratic set up political and other pressures are heavily on the side of more and more spending by the government,” B R Shenoy, a classical economist told the then Ceylon government in a policy document in 1966.
“When Revenues increase, under the weight of these pressures, expenditures too increase to meet, or even exceed, Revenue collections. In Ceylon during the past seven years Revenues rose by 45 per cent and Expenditures charged to Revenues by 48 per cent.
“There is a real danger that any programme for increased Revenue collections may be attended by a corresponding increase in the consumption expenditures of the government, and little may be left of the additional Revenues to cover Budget deficits.”
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Parliament clears 22A amid protests
The government secured the required two-thirds majority in Parliament on Friday to pass the Twenty-Second Amendment to the Constitution Bill, despite opposition from the SJB, the ITAK, the SLPP, the SLMC, and other opposition parties.
The Bill received 158 votes in favour and 63 against. The Judicature (Amendment) Bill was also passed by the same margin.
The two Bills were passed following a two-day parliamentary debate and several hours of voting, with Opposition MPs calling for separate divisions on clauses of the Judicature (Amendment) Bill during the Committee Stage. The final vote on that Bill was announced around 8.08 p.m.
The 22nd Amendment provides for increasing the retirement age of Supreme Court judges from 65 to 67 and that of Court of Appeal judges from 63 to 65. The Chief Justice would retire at 67 or after six years in office, whichever comes first.
The Supreme Court determined that the constitutional amendment did not require a referendum and could be passed with a special two-thirds majority. It also determined that the Judicature (Amendment) Bill could be passed by a simple majority.
The Bills were presented for their Second Reading on Thursday by Justice and National Integration Minister Harshana Nanayakkara.
The SJB mounted a strong protest against the legislation, with its MPs wearing black in Parliament yesterday and party members staging a demonstration at Polduwa Junction, Battaramulla.
Opposition Leader Sajith Premadasa and several SJB politicians participated in the protest held under the theme “No to 22, which destroys democracy”.
ITAK and SLMC MPs voted against the Bills alongside the SJB.NDF MPs Ravi Karunanayake and Faizer Musthapha and SJB Badulla District MP Nayana Wasalathilaka were absent during the voting.
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Sajith likens 22A to ‘Emperor’s New Clothes’
Opposition Leader Sajith Premadasa yesterday likened the Government’s justification of the proposed 22nd Amendment to Hans Christian Andersen’s “The Emperor’s New Clothes”, claiming that the amendment would undermine judicial independence, democracy and the separation of powers.
Speaking in Parliament during the debate on the 22nd Amendment, Premadasa said the Government portrayed the constitutional amendment as a measure aimed at protecting democracy, but alleged that its actual effect would be to strengthen executive influence over the Judiciary.
He said the amendment would erode public confidence in judges and turn the Judiciary into a “tool and puppet” of the Executive.
Premadasa recalled the constitutional changes introduced through the 17th, 18th, 19th, 20th and 21st Amendments, arguing that executive powers had been repeatedly reduced and restored under successive governments.
He also criticised politicians who had supported several of those amendments while continuing to receive public support at elections.
The Opposition Leader referred to the impeachment of former Chief Justice Shirani Bandaranayake and accused those who had supported her removal of later taking positions in favour of judicial independence.
He also referred to a court order concerning the holding of local government elections, saying some politicians who had previously defended judicial independence had subsequently called for judges who issued the order to be summoned before a Parliamentary Select Committee.
Premadasa said the Samagi Jana Balawegaya had consistently defended judicial independence in both instances.
He also questioned the Government’s proposal to extend the retirement age of senior judges, saying no proper study had been conducted to justify the measure. He referred to a 2023 Asian Development Bank study, claiming that extending judges’ retirement age had not been identified as a solution to problems facing the Judiciary.
The Opposition Leader further questioned the Government’s position that a referendum was unnecessary for the 22nd Amendment, recalling arguments made by President Anura Kumara Dissanayake in support of a referendum during the 20th Amendment process.
The Supreme Court has determined that the 22nd Amendment Bill does not require approval at a referendum under Article 83 of the Constitution, while requiring certain textual changes to the Bill.
Premadasa also accused the Government of departing from its manifesto pledge to abolish the executive presidency and alleged that it was instead seeking to increase executive influence over state institutions.
He urged the Government to withdraw the Bill, alleging that it would weaken checks and balances and move the country towards one-party rule.
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