News
Taking contradictory stand on 2015 Geneva Resolution
‘Govt. seeking credit for accountability mechanisms set up by previous administration’
UNHRC 48th sessions:
By Shamindra Ferdinando
Attorney-at-law Sudarshana Gunawardena has alleged that the government’s stand on accountability issues at the Geneva-based United Nations Human Rights Council is contradictory to its much publicised opposition to the Geneva Resolution 30/1 co-sponsored by the previous administration.
Sri Lanka co-sponsored 30/1, on Oct 1, 2015. The then Foreign Minister the late Mangala Samaraweera is on record as having said that the UNP-led government had President Maithripala Sirisena’s consent to go ahead with the co-sponsorship.
Former Prime Minister Ranil Wickremesinghe’s media spokesperson Gunawardena yesterday (17) pointed out that the government, at the ongoing 48th sessions of the UNHRC, has reiterated its commitment to key accountability mechanisms set up in terms of the Geneva Resolution.
Civil society activist Gunawardena, who also functioned as the Director General, Information Department during the previous administration said that the assurance given by Foreign Minister Prof. G.L. Peiris last Tuesday (14) should be examined against the backdrop of Sri Lanka’s withdrawal from 30/1 resolution.
Prof. Peiris’ predecessor, Dinesh Gunawardena announced Sri Lanka’s withdrawal at the Feb-March 2020 sessions.
The Sri Lanka Podujana Peramuna (SLPP) owed an explanation, Gunawardena stressed, urging the government to take the public into confidence. “Stop playing politics at the expense of our international relations,” Gunawardena said, underscoring the need for what he called a national consensus on the post-war reconciliation process.
Responding to another query, Gunawardena said that FM Prof. Peiris in his address to the Geneva sessions discussed the progress in what he described as a domestic process in respect of accountability issues. Reference was made to the Office on Missing Persons (OMP), the Office for Reparations (OR) and the Office for National Unity and Reconciliation (ONUR). However, the FM conveniently failed to acknowledge that the OMP, OR and ONUR had been established in keeping with the 2015 Geneva Resolution that covered broader understanding of transitional justice.
The SLPP, while taking credit for the ongoing transitional justice process, continued to publicly reject 30/1, the very basis of the solution, Gunawardena said. “In other words, the SLPP’s actions are very different from their pledges before the electorate in the run-up to presidential and parliamentary polls in 2019 and 2020, respectively.
Referring to the assurance given by Prof. Peiris at the UNHRC that Sri Lanka Human Rights Council was carrying on its mandate, Gunawardena challenged the government to prove its sincerity by allowing no holds barred investigation into SLPP lawmaker Lohan Ratwatte’s raids on Welikada and Anuradhapura prisons on Sept 6 and 12, respectively.
The announcement made by the HRCSL regarding its decision to initiate an inquiry of its own in the absence of police investigation received public attention and appreciation, Gunawardena said.
Commenting on the declaration that Sri Lanka was engaged in an integrated process to bring the Prevention of Terrorism Act (PTA) in line with international norms and best practices, lawyer Gunawardena urged the government to study the work done by the previous government in that regard. Referring to statements made by then Prime Minister Ranil Wickremesinghe in that regard, Gunawardena said that the then Joint
Opposition quite maliciously rejected the move. “They should be ashamed of theirconduct,” relevant ministers and the Attorney General Department couldn’t be unaware of the agreement on new anti-terrorism law.
Gunawardena said that the SLPP administration shouldn’t hesitate to appreciate the previous government’s achievements. “We are quite pleased that mechanisms accepted by the previous government continue to be in operation even though the progress seems slow. However, the SLPP cannot deprive the UNP-led administration of the credit it deserved,” lawyer Gunawardena said.
Gunawardena urged the government to examine the report of the Committee appointed by then Premier Wickremesinghe to develop what he called the policy and legal framework of the proposed Counter Terrorism Act of Sri Lanka. He said that a politically motivated campaign derailed that effort whereas the Opposition propagated the lie the yahapalana government intended to deprive Sri Lanka of anti-terrorism law.
Asked to comment on the revelation of the SLPP government having talks with a group of civil society activists to explore ways and means to strengthening the reconciliation process, Gunawardena said that a 13-page Foreign Ministry note dated Aug. 31, 2021 addressed to Colombo-based diplomatic missions acknowledged the pivotal role played by the civil society. Having always accused the civil society of being part of a Western strategy, the same lot exposed their duplicity by meeting a group of civil society activists.
Gunawardena was referring to President Gotabaya Rajapaksa and Ministers, Basil Rakapaksa, Prof. Peiris, Dinesh Gunawardena, Ali Sabry, PC, and Namal Rajapaksa having separate meetings with SLCC (Sri Lanka Collective for Consensus) in the run-up to the Geneva confab. SLCC comprises 16 individuals.
Gunawardena noted the Human Rights Commissioner Michelle Bachelet, too, in her hard-hitting Sept 13 statement on Sri Lanka referred to President Rajapaksa’s meeting with the SLCC.
Gunawardena said that in addition to the SLCC, another group styled itself as the Civil Society Platform (CSP) in a statement issued on Sept. 13 made its position clear on a range of accountability issues as well as stepped up pressure on the civil society. CSP consists of 30 organizations and 36 individuals.
Responding to declarations by FM Prof Peiris and Foreign Secretary Admiral Jayanath Colombage that external investigations wouldn’t be acceptable, lawyer Gunawardena said that instead of rejecting the investigation the government should furbish whatever information in its hands or had access to the new investigative mechanism. The government couldn’t ignore the fact that the UNHRC authorized the fresh investigative mechanism at the 46th session with an overwhelming majority with 22 countries voting for the resolution, 11 against and 14 missing the vote.
Gunawardena urged the government to take a realistic view as Sri Lanka didn’t have time and space to engage in silly maneuvers. The bottom line was that the March 2020 announcement that Sri Lanka withdrew from 30/1 was nothing but a farce, Gunawardena said.
News
President proposes; Speaker disposes
AKD’s request to Harsha:
Speaker Dr. Jagath Wickramaratne has frustrated an attempt by Chairman of the Committee on Public Finance (CoPF) Dr. Harsha de Silva, MP, to intervene to settle the continuing dispute over the appointment of a new Auditor General.
Dr. De Silva yesterday told The Island he had recently written to all members of the Constitutional Council (CC) drawing their attention to the urgent need to address the issue at hand. The AG’s position remains vacant since 08 Dec, 2025. AG W.P.C. Wickremanayake retired in April and since then there have been a couple of Acting appointments. The CC has declined to endorse any of President Dissanayake’s nominees as the AG.
Asked whether he had taken up the issue with the CC following President Anura Kumara Dissanayake soliciting his support in this regard, MP de Silva said that he had written to CC members as agreed with the President.
The former UNPer and one-time State Minister said: “I did so, giving due respect to CC’s independence, underscoring the critical importance in them working with the President to resolve the crisis. I alluded to the need to have transparency in public financial management during this post-cyclone period where large amounts of funds are being transacted on multiple fronts, both domestic and foreign.”
Responding to another query, Dr. De Silva emphasised that he had clarified that the President must send the names of qualified and experienced persons to the CC for consideration. “However, these letters were returned to me by the Speaker, without being delivered to members of the CC. The Speaker didn’t give an explanation. Thus, except for members who are MPs who had been copied via email by my committee office, others never received my letter of concern. Even though I questioned, in Parliament, the basis of his refusal to forward my communication to the members of the CC of which he is Chairman, no answer was given.”
The CC consists of Dr. Jagath Wickramaratne, Speaker and Chairman of the 10-member body. Dr. Harini Amarasuriya, Prime Minister, Sajith Premadasa, Leader of the Opposition, Bimal Rathnayake, Aboobucker Athambawa, Ajith P. Perera, Sivagnanam Shritharan, and three civil society members namely Dr. Prathap Ramanujam, Dr. Dilkushi Anula Wijesundere and Dr. Dinesha Samararatne. None of the President’s nominees could obtain CC’s approval as all of them were rejected by the CC.
The present CC was introduced by the 21st Amendment to the Constitution which was endorsed on 31 October 2022.
Both the Bar Association of Sri Lanka (BASL) and the Transparency International Sri Lanka Chapter recently requested President Dissanayake, in writing, to propose a suitable person to the post of AG. The BASL, in another statement that dealt with the forthcoming vacancies in the CC due to three civil society members completing their terms, declared its concern over possible attempts by the President and the NPP government to fill the vacancies with rubber stamps.
The three civil society members will complete their terms on 18 January. In terms of Article 41E of the Constitution, the CC meets at least twice every month, and may meet as often as may be necessary. The Chairman presides at all meetings of the CC and in the absence of the Chairman, the Prime Minister, and in the absence of the Prime Minister, the Leader of the Opposition presides at the meetings of the CC.
Asked whether the CC could be disrupted due to the end of civil society members’ terms, an authoritative official pointed out that in case new appointments were not made the current members could continue.
The Parliament has not so far called for applications to fill the forthcoming vacancies.
by Shamindra Ferdinando ✍️
News
Sri Lanka loses Rs.7.5 bn due to coal tender irregularities: FSP
The NPP government’s coal procurement process has once again come under scrutiny following allegations by the Frontline Socialist Party (FSP) that substandard coal has been imported for power generation and that tender procedures were manipulated to favour a specific supplier.
Addressing the media after a party meeting in Maharagama on Saturday, FSP Education Secretary Pubudu Jagoda said a test report issued by the government laboratory at the Lakvijaya Power Plant had confirmed that the latest coal shipment unloaded in Sri Lanka did not meet the required quality standards. According to the report, the coal’s calorific value ranged between 5,600 and 5,800 kilocalories per kilo, below the 5,900–6,200 kCal/kg range specified in tender requirements.
Jagoda warned that lower calorific value coal would require higher volumes to generate the same amount of electricity, increasing costs significantly. Preliminary estimates, he said, indicated an additional financial burden of around Rs. 7,500 million, which might eventually be passed on to consumers through higher electricity tariffs.
The FSP also accused the government of tailoring procurement rules to benefit the Indian supplier, which has deposited bonds for long-term coal supply for the upcoming season. Jagoda alleged that tender conditions had been altered to accommodate the company, pointing to changes in coal reserve requirements. Under the 2021 Sri Lanka Coal Registration Document, suppliers were required to maintain a minimum reserve of one million metric tonnes with a gross calorific value of 5,900 kCal/kg. This threshold, he said, had been reduced to 100,000 metric tonnes in the 2025 document which is a 90% reduction raising serious concerns.
He further cited past allegations against the Indian company, including findings in a 2016 Auditor General’s report that the company violated procurement guidelines regarding a rice supply contract with Sathosa in 2014. Jagoda also referred to legal issues involving individuals linked to the company, and the suspension of a representative by the International Cricket Council in 2019 over match-fixing allegations.
Beyond company-specific concerns, Jagoda criticised what he described as systemic manipulation of the coal tender process. He questioned why the coal tender, typically called in February or March, was delayed until July, despite electricity being declared an essential service. He also alleged that the tender submission period had been progressively shortened from the internationally accepted six weeks to five weeks, and now reportedly to three giving an unfair advantage to suppliers with existing stock.
The Ministry of Energy has recently issued an amended tender to procure 4.5 million metric tonnes of coal for the Lanka Coal Company for the 2025/26 and 2026/27 periods, following the cancellation of an earlier tender.
Jagoda warned that delays and irregularities could lead to coal shortages, higher spot market purchases, increased electricity costs, and even power cuts if hydropower generation falls short. He called for urgent investigations into the procurement process, insisting that the burden of alleged mismanagement and corruption must not be transferred to the public.
by Chaminda Silva ✍️
News
CID summons SJB MP for criticising education reforms
SJB Gampaha District MP Prasad Siriwardhana has been summoned to the CID today (12) for questioning in connection with a statement he made on a private television channel regarding education reforms.
He was earlier asked to report to the CID on 10 January to make a statement. However, as Siriwardhana had notified the authorities that he was unable to appear on that day, he was subsequently asked to come today.
Siriwardhana is one of the critics of the shortcomings of the education reforms introduced by the NPP government.
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