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National Voters’ Day celebration amidst economic chaos, deepening political uncertainty

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EC Chairman Punchihewa handing over their proposals to President Gotabaya Rajapaksa, at the Galadari Hotel. The President Rajapaksa, in spite of contesting the last presidential election on the SLPP ticket, is not a member of that political party.(Pic courtesy PMD)

Poor response from political parties

By Shamindra Ferdinando

Nimal Punchihewa, soft spoken Chairman of the Election Commission (EC), didn’t mince his words when he underscored the loss of public confidence as well as overall disappointment in the electoral system last week. Punchihewa stressed the need for far reaching changes in the electoral system while reiterating the EC’s proposals meant to improve and discipline utterly corrupt and wasteful electoral processes. The continuing failure on the part of Parliament to address the grievances of the electorate would be catastrophic and may pose a threat to political stability, he warned.

Attorney-at-Law Punchihewa said so at the ‘National Celebration of Voters’ held at the Galadari Hotel, Colombo, on March 11, the first such event since the establishment of the independent EC in terms of the 19th Amendment to the Constitution.

The House enacted the 19th Amendment, in early 2015, with an overwhelming 2/3 majority. However, the present five-member EC, headed by Punchihewa, came into being in Dec 2020 in terms of the 20th Amendment to the Constitution, enacted in October of the same year, repealing the trouble ridden 19th Amendment, especially when it came to members of so-called independent commissions, some of whom behaved as if they were a law unto themselves. At least one lawyer, in one such commission had the audacity to attack the Opposition in a partisan way outside his ambit.

Punchihewa, one-time public servant and civil society activist, explained the remedial measures that could be taken to address deficiencies and limitations in the electoral system.

The EC Chairman also discussed the need for punitive measures against offending lawmakers, regardless of their standing in society and the contentious issue of campaign funding. The EC Chief pointed out how both external and internal elements could influence political parties through campaign funding.

Punchihewa, who had served the previous EC, too, cannot be unaware of the way then US Secretary of State John Kerry’s boastful public declaration in 2016 how they funded Sri Lanka’s Opposition at the 2015 national elections (presidential and parliamentary polls in January and August, 2015, respectively) and similar stunts in several other countries.

The EC never inquired into the matter of the US interference in Lankan polls after openly boasting of it, even though the issue was raised both in and outside Parliament. The writer personally raised the US interference with the previous three- member EC, headed by Mahinda Deshapriya, but the outfit always side-stepped the issue. Even the European Union Election Observation Mission sidestepped the issue when the matter was raised at a media briefing held at the Colombo Hilton.

President Gotabaya Rajapaksa, Premier Mahinda Rajapaksa, Speaker Mahinda Yapa Abeywardena, Chief Government Whip Dinesh Gunawardena, Foreign Minister Prof. G.L. Peiris, who is also the Chairman of the ruling Sri Lanka Podujana Peremuna (SLPP) and Punchihewa’s predecessor, Mahinda Deshapriya, were among those in the audience. Deshapriya now serves as the Chairman of the Delimitation Committee. The EC attracted criticism during Deshapriya’s tenure as the outfit’s Chairman with the controversial recognition of the now main Opposition Samagi Jana Balavegaya (SJB) in early 2020 being one of the major controversies. The breakaway UNP faction won 54 seats, including seven National List slots at the expense of the UNP at the Aug 2020 general election. The UNP was reduced to just one National List member that was also filled months, after the lapsing of the stipulated time, to fill National List slots.

Punchihewa dealt with the EC’s one-year progress since its appointment in terms of the 20th Amendment to the Constitution and the way forward for a better democracy after Saman Sri Ratnayake, Commissioner General of the Election Commission, greeted the invitees. Reference was made to the absence of Opposition Leader and leader of the Samagi Jana Balavegaya (SJB) Sajith Premadasa. SJB members were not seen though the UNP Chairman and former Minister Vajira Abeywardena, attended the event.

Punchihewa, one-time EC’s Director General, Legal, emphasised the urgent need to introduce, what he called, quite a lot of amendments to existing laws to achieve the desired results. Attorney General Sanjay Rajaratnam, PC, was among the invitees. Perhaps, the EC should have invited Auditor General W.P.C. Wickramaratne, whose officers have, over the years, exposed how lawmakers, Secretaries to the Ministries, senior officials and some sections of the public sector, caused the revenue losses to the government, running into billions of rupees.

Education Minister Dinesh Gunawardena recently acknowledged, at the Public Petitions Committee, the failure on their part to implement recommendations of parliamentary watchdog committees. Chairman of the Committee on Public Enterprises (COPE) Prof. Charitha Herath, too, has on several occasions pointed out lapses in the law contributed to the deterioration of public finances. But, the powers that be have chosen to turn a blind eye.

In a way, Punchihewa’s statement is nothing but condemnation of the utterly corrupt political party system that has ruined the country. But, the EC should also work closely with the Auditor General, if the Commission is seriously interested in, the much-touted ‘system change.’ Corruption has become a way of public life with the Parliament, responsible for enactment of new laws and ensuring financial discipline, has pathetically failed in its responsibilities. The situation is so bad and appears to be out of control, the Parliament has become a mere spectator as the parliamentary system of governance continues to promote waste, corruption and irregularities by not taking remedial measures. The reports issued by the Committee on Public Enterprises (COPE), the Committee on Public Accounts (COPA) and the Committee on Public Finance (COPF) reveal corruption at every level.

The event at Galadari could have been held without high tea as well as wholly unnecessary dance performances at a time the vast majority of voters, regardless of the candidate and the party they voted for at the last presidential and parliamentary elections in Nov 2019 and Aug 2020, respectively, were struggling to make ends meet.

Although 15 political parties/groups represented the current Parliament, only a few were present on the occasion. The Sri Lanka Freedom Party (SLFP), the Janatha Vimukthi Peramuna (JVP), the Tamil National Alliance (TNA) as well as the Sri Lanka Muslim Congress (SLMC) were very conspicuous by their absence. General Secretary of the Democratic Left Front and Water Supply Minister Vasudeva Nanayakkara, in spite of breaking ranks with the government over the SLPP’s economic policy, sat with SLPP leaders whereas his rebellious former ministerial colleagues, Wimal Weerawansa and Udaya Gammanpila too were notable absentees. Nanayakkara along with Weerawansa and Gammanpila backed the fundamental rights petitions against the Yugadanavi deal (sale of 40 percent of Treasury owned shares of the power station to the US-based New Fortress Energy along with the controversial move to hand over a monopolistic position on supplying of LNG). The Supreme Court, however, dismissed the petitions. The SC didn’t give an order but stated the submissions were considered and leave to proceed refused. The SC didn’t give reasons at all though the case was heard for several days. When making submissions AG Rajaratnam said that the court should maintain harmony with the executive.

It would be pertinent to recall the devastating accident at an insecticide plant in India in the 80s.

On December 3, 1984, about 45 tonness of the dangerous gas methyl isocyanate escaped from an insecticide plant that was owned by the Indian subsidiary of the American firm Union Carbide Corporation. The gas drifted over the densely populated neighbourhoods around the plant, killing thousands of people immediately and creating panic as tens of thousands of others attempted to flee the area. The final death toll was estimated to be between 15,000 and 20,000. Some half a million survivors suffered respiratory problems, eye irritation or blindness, and other maladies, resulting from exposure to the toxic gas; many were awarded compensation of a few hundred dollars

(Britannica). And for some inexplicable reasons the Indian Supreme Court upheld that pittance of a compensation package! Indian Chief Justice at the time P.N. Bhagawati, when he came to Sri Lanka as a champion of peace about a decade ago, a cheeky Lankan journalist asked him about that controversial decision of the Indian Supreme Court and he got virtually tongue tied and avoided answering the question.

A House in turmoil

Can political chaos be addressed through electoral reforms and constitutional amendments? Has the EC really examined the current crisis and how political uncertainty, in addition to waste, corruption and irregularities, contributed to the overall deterioration of the country’s financial status and unprecedented instability.

A few hours after the end of the National Voters’ day celebration, the government announced an inevitable increase in diesel and petrol prices. It would be pertinent to mention that India, too, now exercise the right to intervene here by way of revising fuel prices. Lanka India Oil Company (LIOC) that set up base here in 2003, is affiliated to Indian Oil Corporation Limited that comes under the purview of its Ministry of Petroleum and Natural Gas.

One-time distinguished career diplomat Hardeep Singh Puri, who had served the Indian High Commission in Colombo during the volatile1984-1988 period when Indian-trained terrorists waged war against Sri Lanka, is India’s Minister of Petroleum and Natural Gas and Housing and Urban Affairs. Rightly or wrongly he was then suspected to be involved in much more than diplomacy by especially those who saw how he and his wife lobbied certain key journalists behind the scene and the clout they wielded.

On March 10, the day LIOC announced staggering price increases in petrol and diesel that caused turmoil here, Sri Lanka’s High Commissioner in New Delhi Milinda Moragoda met Minister Puri. The meeting took place at the Ministry of Urban Affairs in New Delhi. Let me reproduce a statement verbatim issued by the Sri Lankan High Commission in New Delhi following the meeting between Moragoda and Puri: “At the outset, High Commissioner Moragoda thanked Minister Puri for the assistance that India has provided to Sri Lanka as envisaged under the four-pillars of cooperation, agreed during the visit of Sri Lankan Finance Minister Basil Rajapaksa to India in December last year, in particular the USD 500 million line of credit to purchase petroleum products. Additional assistance, too, has been provided by India to enhance Sri Lanka’s petroleum stocks.

“High Commissioner Milinda Moragoda also briefed Minister Puri on the challenges that Sri Lanka is currently facing as regards to the supply and distribution of petroleum products and their impact on the Country’s energy sector. The High Commissioner and the Minister discussed modalities through which India and Sri Lanka could further expand cooperation in the petroleum sector to help overcome the present crisis.

The discussion also focused on a range of issues pertaining to the energy sector, including ways and means through which Sri Lanka could establish long-term strategic ties in the petroleum, oil, gas and related logistics sectors.”

The Government increased fuel prices at midnight on March 11 following LIOC price revisions on Feb 06, 24 and March 10 that resulted in the sharpest difference in retail price of a litre of petrol and diesel at LIOC and Ceypetco service stations, Rs 92 and Rs 77, respectively. The bottom line is that Sri Lanka’s pricing formula is in the hands of India.

That is the unpalatable truth. Obviously, there is no mechanism to ensure that upward or downward revisions of fuel prices are decided through consultations. Instead, a foreign power can take that decision on our behalf. In other words, Sri Lanka’s Energy Minister is actually former High Commission staffer Puri.

How can EC ensure political parties do not follow agendas inimical to Sri Lanka’s national interests? Recent high profile but unsubstantiated accusations that had been directed at Finance Minister Basil Rajapaksa over him pursuing a pro-American agenda are a matter for concern.

President Gotabaya Rajapaksa removed Jathika Nidahas Peramuna (JNP) leader Wimal Weerawansa and Pivithuru Hela Urumaya (PHU) leader Udaya Gammanpila from Industries and Energy portfolios, respectively, following their clash with Basil Rajapaksa, who is also the founder of the SLPP. The political turmoil has taken a new turn with the SJB stepping up attacks on Basil Rajapaksa in Parliament.

The Opposition repeatedly questioned Speaker Mahinda Yapa Abeywardena over Basil Rajapaksa remaining mum in Parliament over the rapid deterioration of the economy. The failure on the part of political parties represented in Parliament to reach a consensus on national response to the current crisis is evidenced by the plight of the electorate. Instead, a sharply divided government has allowed the deterioration by refusing to take remedial measures.

The Opposition has sought to exploit the situation to its advantage whereas a section of the parliamentarians, including some of those accommodated on the SLPP National List, angered the top SLPP leadership by presenting an alternative set of proposals meant to restore the devastated economy.

The EC cannot afford to turn a blind eye to the utter chaos in Parliament and outside for want of a national response at a time of unprecedented crisis.

EC on key issues

The EC comprised five persons, namely Nimal Punchihewa, S.B. Divaratne, K.P.P. Pathirana, M.M. Mohammed and P.S.M. Charles, the only lady in the outfit. The EC has made representations to the Parliamentary Select Committee (PSC) on electoral reforms as well as the nine-member Committee, headed by Romesh de Silva, PC. The EC representations dealt with electoral reforms and constitutional reforms, respectively. The writer would like to briefly discuss the touchy issue of the need to reduce the number of registered political parties and the proposal to recall those who pursue strategies contrary to the pledges they made at the election and in the printed manifestos of the respective political parties.

Having asserted that the country cannot afford to continue with 76 registered political parties, the EC has proposed ways and means to reduce that number. Examination of EC’s proposals submitted to the PSC and Romesh de Silva’s committee proves how unsatisfying the current situation is.

A sensible Parliament will certainly give serious consideration to EC’s proposals. Nothing can be as important as the proposal to recall lawmakers if they stepped out of line. Will leaders of political parties have the strength to accept the proposal to establish a mechanism to remove MPs?

The recent dismissal of charges in respect of the Treasury bond scam perpetrated on March 29, 2016, by the Colombo High Court Trial-at-Bar due to the flawed indictments raised many eyebrows. Yahapalana Finance Minister Ravi Karunanayake has been among those who benefited as a result of the AG’s lapse. The indictments had been filed during Dappula de Livera, PC’s tenure as the AG. Sanjay Rajaratnam succeeded de Livera in May last year.

The Trial-at-Bar comprising Damith Thotawatte (Chairman), Manjula Thilakaratne and M. Izzadeen by a majority decision dismissed the relevant charges.

Can anyone explain the circumstances under which the indictment had been filed against the Perpetual Treasuries Limited (PTL) contrary to the Public Property Act? The AG’s Department cannot be unaware that in terms of the Public Property Act indictments can be filed only against individuals.

The Trial-at-Bar ruling should be examined against the backdrop of the AG and the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) withdrawing as much as over 50 cases since the last presidential election, in addition to the cases dismissed by various courts.

The AG as well as the CIABOC owed explanation as to how so many cases failed to achieve desired results or were withdrawn under controversial circumstances. The Bar Association of Sri Lanka (BASL) and the civil society should raise these issues. Can BASL and civil society remain silent as the situation continues to deteriorate?



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Features

AKD faces challenging year ahead

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President Dissanayake with Premier Modi during his Dec. 15-17 State visit to India

By Shamindra Ferdinando

Senior lecturer in economics and head of the IT Department at the University of Colombo, Professor Priyanga Dunusinghe, recently declared that the new National People’s Power (NPP) administration had neither a clear economic policy nor a tangible action plan to address the plethora of serious issues facing the nation.

Prof. Dunusinghe warned of dire consequences unless the government took meaningful measures to overcome the challenges.

Appearing on Derana, the outspoken academic claimed that the investors and the public were in the dark as to the overall government economic policy. Asserting that the NPP government now primarily addressed the day-to-day issues, Prof. Dunusinghe alleged that economic reforms required to stabilize, consolidate and strengthen the economy weren’t being implemented. Therefore, the government seemed to be already late in that regard.

Obviously Prof. Dunusinghe summed up the situation on the economic front quite accurately. The academic seemed to have contradicted former President and UNP leader Ranil Wickremesinghe who had both publicly and privately applauded President Anura Kumara Dissanayake’s economic policy recently. It could be a case of him wanting to appease NPP as he, too, has many a skeleton in his cupboard, like the bond scams or the precipitating of the ongoing debt crisis by borrowing as much as USD 12 billion from the international bond market, at high interest, without having achieved anything tangible to show with such high borrowings, all during the Yahapalana rule or misrule.

Readers should always remember Mahinda Rajapaksa and his team fought a debilitating war to a finish against the world’s most ruthless terrorist outfit, the LTTE, and defeated it against the predictions of all types of pundits, while at the same time kept the economy humming and completed some impressive infrastructure projects, like building a brand new international harbour and an airport, among so many other achievements. Need we say more?

No doubt there were some utter mistakes that can be directly attributed to some of his close relatives he had around him, but Mahinda never betrayed the country. For that matter, who is infallible in this world? The bottom line reveals only one thing that is, he was the best leader to pull the country out of the rut we were in at the time.

President Dissanayake also holds the Finance portfolio, in addition to Defence. In terms of the Economic Transformation Bill, approved by Parliament on July 25, 2024, without a vote, the NPP government has no option but to adhere to the Act. Prof. Anil Jayantha Fernando is the Deputy Finance Minister.

The agreement with the IMF, negotiated by Wickremesinghe and accepted by Dissanayake, in his capacity as the President, is the basis for the controversial Act. In spite of attacking the Economic Transformation Bill, the then Opposition conveniently refrained from seeking a vote on the Bill.

Prof. Dunusinghe has been always forthright in his criticism of questionable economic matters, regardless of who wielded the political power. The government should take such criticism seriously as the overall situation remained volatile though the parliamentary Opposition seems wholly inadequate and indifferent to the challenges ahead.

The pathetic and shoddy handling of severe shortage of rice in the open market badly exposed the government. What really surprised the hapless public is the NPP’s thinking the ‘Rice Mafia’ can be reined in by the issuance of gazettes. The NPP basically repeated President Gotabaya Rajapaksa’s strategy by declaring price controls on essential commodities, like rice, by issuing gazettes. The NPP placed Nadu, Samba and Keeri Samba at Rs 230, Rs 240 and Rs 260 respectively a couple of weeks ago, following talks with rice millers, but it didn’t make any difference.

During the debate over the failed bid to control the private sector running the show, as it pleases, it was revealed that one of the biggest rice dealers in the country and identified as one of those who had been accused of earning unconscionable profits at the expense of the suffering people is on the National List of the SJB though he didn’t get an opportunity to enter Parliament this time. How did he end up in the SJB National List?

The NPP appeared to be making the often repeated mistake committed by previous governments in believing in the strength of their parliamentary group. In the face of public anger caused by wrong decisions, very often even such monolithic parliamentary groups crumble under pressure. The NPP wouldn’t be an exception unless it quickly realized and addressed the shortcomings.

Real challenge outside Parliament

The situation in Parliament is deceiving. It may give the NPP a somewhat false sense of security. Having handsomely won the presidential election in Sept, 2024 by polling 5.7 mn votes, though he couldn’t obtain 50% plus 1 vote, Anura Kumara Dissanayake consolidated the NPP’s position with a staggering 2/3 majority at the parliamentary election in Nov, 2024.

The NPP increased its tally to 6.8 mn votes from 5.7 mn polled at the presidential. Both the executive and the legislature are in the NPP’s hands. The main Opposition Samagi Jana Balawegaya (SJB) has been reduced to just 40 seats against the NPP’s 159 and down to just 1.9 mn votes at the parliamentary election. The SJB performance is nothing but pathetic.

The dismal results at the national elections had made the Sri Lanka Podujana Peramuna (SLPP) that obtained a staggering 145 seats at the 2020 general election irrelevant with their tally reduced to just three seats in the current Parliament.

But, the NPP cannot be lulled into a false sense of security, under any circumstances, as the real challenge is not the Opposition but the promises made by the party to the masses for a system change in the run-up to the presidential and parliamentary elections. That is the undeniable truth. Having come to power as an all-knowing lot, the NPP leadership will have to answer for developments, come what may.

The recent declaration that those earning a monthly salary up to Rs. 150,000 would be exempted from the PAYE (Pay As You Earn) tax to please professionals and at the same time announced the increasing of the withholding tax on fixed deposit interest to 10 percent from 5 percent, thereby hitting those living on already depleted interest incomes below the belt, underscored the crisis the country is in.

President Dissanayake, in his capacity as the Finance Minister, told Parliament on Dec. 18 that this was done in line with a fresh agreement reached with the IMF. In other words, in spite of the change of government and their severe criticism of Wickremesinghe’s policies, the NPP is also on the same track.

The bottom line is that Sri Lanka’s economic direction is firmly in the hands of the IMF and whatever the NPP leaders uttered to the contrary from election platforms to impress the public in the run up to national elections, the government will have to toe the IMF line when it presents a formal Budget in February for the next financial year.

An interim Budget/vote on account covering the first four months of 2025 was approved in Parliament on Dec. 06, 2024 without a vote, at the end of a two-day debate.

Deputy Finance Minister Fernando told Parliament that the delay in debt restructuring, over the last two years, had cost the country an additional USD 1.7 billion in accumulated interest.

Fernando is on record as having said: “We are hoping to complete the restructure of the bilateral debt and international sovereign bonds by December 31.”

The interim Budget would cover the cost of debt servicing and the government expenditure for the first four months of next year. The NPP government has assured the international community that it would continue to honour the international commitments on debt restructuring commenced by the predecessor Wickremesinghe’s government.

Ground realities

During the presidential election campaign followed by the general election, the NPP talked as if it could address issues that plagued Sri Lanka over the past decades. However, over three months after the presidential election, the public now realize that the NPP had no magic wand in its hand and some issues can never be settled.

Of course, some of those who exercised their franchise in support of the NPP at the two national elections are deeply worried and disappointed. But, the fact remains that those who exercised political power had been appropriately dealt with by the electorate and they wouldn’t be in a position to regain public confidence within a short period. That is the reality those who represent the SJB and NDF (National Democratic Front) had to contend with.

It would be pertinent to mention that two of the oldest political parties in the country, namely the UNP and the SLFP, are not even represented in the current Parliament. The UNP and SLFP leaderships are baffled, but that wouldn’t make things easy for the NPP, regardless of its numerical unconquerable position in Parliament. So did the previous Gotabaya Rajapaksa government that was ousted by violent street protests, most probably staged managed from abroad.

Let me briefly discuss the huge challenge faced by Sri Lanka in dealing with large scale poaching carried out relentlessly by the Tamil Nadu fishing fleet in addition to them destroying fish stocks here by bottom trawling. The joint statement issued following talks between President Dissanayake and Indian Premier Narendra Modi quiet clearly indicated that New Delhi wants Sri Lanka to turn a blind eye to the ongoing rape of fishery resources belonging to the people here.

President Dissanayake raised the massive destruction caused by bottom trawling practised by the Tamil Nadu fishing fleet but the joint statement and the comments made by the Indian Foreign Secretary Vikram Misri on this issue at a special briefing indicated in no uncertain terms that India wouldn’t under any circumstances take necessary measures to prevent Tamil Nadu fishing fleet crossing Indo-Lanka maritime boundary.

India seemed to be hell-bent on allowing destructive fishing practices in Sri Lankan waters though it doesn’t allow the same in their territory.

India often emphasises the responsibility on the part of all concerned to deal with poachers in a humanitarian manner. The joint statement went a step further. Referring to the talks, Premier Modi had with President Dissanayake on Dec 16, 2024, the joint statement declared the two leaders ‘underscored the need to take measures to avoid any aggressive behaviour or violence. Would it be fair to pressure Sri Lanka, now beholden to New Delhi for swift economic assistance provided during 2022 and 2023 crisis period, to allow poaching?

How could there be a mutually acceptable solution to the poaching issue when the Indo-Lanka maritime boundary is being violated almost on a daily basis? Although the joint statement referred to the matter at hand as fisheries issues it is nothing but poaching sanctioned by the centre in India.

The joint statement, however, gave the game away when it asserted that the issue should be dealt with taking into consideration, what it called, the special relationship between India and Sri Lanka.

Hats off to President Dissanayake for taking up two related issues at a joint media briefing addressed by him and Premier Modi. A statement issued by the Presidential Media Division (PMD) quoted the NPP and JVP leader as having said that he requested Premier Modi to take measures to stop bottom trawling that caused irreparable ecological damage and also curb illegal, unreported and unregulated fishing (IUU fishing). President Dissanayake also reminded them that bottom trawling is banned in both countries. The President took up the position, therefore tangible action should be taken to stop bottom trawling.

But Indian Foreign Secretary’s response to Sachin Vadoliya of UNI query on President Dissanayake’s request pertaining to bottom trawling and IUU fishing revealed that New Delhi had no intention of addressing the issues at hand. The Foreign Secretary conveniently interpreted President Dissanayake’s comments as meaning the Sri Lankan leader calling for the problem to be solved by both countries together.

The supreme irony is that India exploited the situation to its advantage. The ongoing bid to formalize poaching by the Tamil Nadu fishing fleet under the pretext of some bilateral agreement cannot be condoned under any circumstances.

While declaring New Delhi’s immediate readiness to finalize what Premier Modi called a Security Cooperation Agreement, Sri Lanka is being asked to allow rape of its fish resource. The Illankai Thamil Arasu Kadchi (ITAK), the largest Tamil political party that represented the Northern and Eastern regions remained unsure of its stand on the fisheries issue.

The ITAK must take a clear stand on this problem. But, the NPP, having secured the highest number of seats in the Northern and Eastern regions at the expense of the ITAK at the recently concluded general election, needs to represent the interests of the Tamil fishing community here.

Resumption of debt repayment

The primary challenge faced by President Dissanayake is nothing but preparing the economy over the next four years to restart paying the massive foreign debt owed by the country in 2028. The government’s capacity to meet this particular challenge should be examined taking into consideration Prof. Dunusinghe’s criticism of the NPP’s economic plans.

Sri Lanka, in April 2022, made a unilateral statement on stopping debt repayment. Regardless of promises made during the presidential and parliamentary poll campaigns, the NPP is slow in taking tangible measures to revive the sick economy. The absence of long queues at fuel and gas stations doesn’t mean Sri Lanka is out of the woods yet.

Unfortunately, the Opposition is waiting for problems created by previous administrations to overwhelm the NPP. Having declared that the NPP administration couldn’t last for not more than a couple of months, the Opposition realized that their only salvation is the NPP causing its own downfall.

Perhaps, the NPP should reveal its stand on accusations that the failure on the part of the Parliament to amend the Foreign Exchange Act No 12 of 2017 that allowed unscrupulous people to park billions of US dollars overseas.

Various politicians have given different figures in this regard. Then MP Gevindu Cumaratunga estimated the total amount parked abroad owing the lacuna in the Act at USD 36 billion. His colleagues Wimal Weerawansa and Vasudeva Nanayakkara, too, agreed with the figure declared by Cumaratunga.

Former Justice Minister Dr. Wijeyadasa Rajapakse, PC, estimated the amount of funds parked overseas to be over USD 50 billion. Interestingly, he was among those who voted for repealing the old Act that ensured that exporters brought back export proceeds within a stipulated time period.

The Yahapalana administration repealed the time-tested Exchange Control Act of 1954 at the behest of the then Premier Ranil Wickremesinghe who refrained from voting for it.

The NPP never addressed this issue during campaigning. The NPP also owes the country an explanation as to why the price of a litre of 92 Octane couldn’t be further reduced as during the campaign the then Power and Energy Minister Kanchana Wijesekera was repeatedly accused of taking kickbacks at the expense of consumers.

So far, a litre of Octane 92 has been reduced to Rs 309 from 311 by the NPP. The government has also earned the wrath of the public for putting off the stipulated electricity price revision at a time much of the electricity is generated by hydro power stations at low cost.

The government seems caught in a vortex of problems-ranging from never ending problems faced by the farmers to Indian and US pressure to extend the moratorium on foreign research vessels visiting Sri Lankan ports. The moratorium declared by Wickremesinghe for a period of one year 2024 ended yesterday (Dec 31, 2024). Would it be extended, to allow Chinese vessels to resume visits or would some committee be appointed to take time to appease India, while Sri Lanka sought to reach some sort of understanding with China.

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Photography: A Primitive Theatre

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Theatre Imagery as Tableau. Student actors (L-R) Thilini Fernando, Dinusha Katugampola, Nishadhi Palansooirya, Upuli Priyangika, and Sepalika Amunugama, in the play, W. Hewath Attanayakage Avasan Davas, was premiered on 6 March 2016 at Panibharatha Theatre, University of Visual and Performing Arts, Colombo. Photo credit, Dhananjaya Rathnayake.

BY Saumya Liyanage
(Text of a keynote address delivered at the annual Diploma Certificate Award Ceremony, organised by the National Photographic Art Society, Sri Lanka, on the 26 October 2024)

When a photograph of the main protagonist, Joseph, in the play Antique Kadayaka Maranayak (‘Death in an Antique Shop’), written and directed by Asoka Handagama, was shared on Facebook, a much awaited discussion erupted among theatregoers on how this image captured the true essence of the play. The playwright and director Handagama had also commented on Facebook, stating that the photographer, Sagara Lakmal de Mel, has captured the ‘full coverage of the play’ (Handagama, Facebook, 4th June 2023). This statement and the comments received for the Facebook post aroused a question of how photography links with theatre. How could a still image depict the essence of a play? Why is a still image of a play so important for us to understand the nature of acting, mise en scène, and other aspects of theatre?

Theatre photography has not been a major interest of the Sri Lankan photographers who capture the actors’ work on stage. It is very seldom that theatre productions are being captured by photographic documentation with a purpose of archiving and research. Photographers who are involved with theatre productions very often think of documenting theatre performances for the sake of documenting the “event” rather than systematically capturing the essence of the live performance. This paper therefore intends to explore the affinity between photography and theatre. Though these two art forms seem categorically different from each other, this short write-up attempts to suggest a convergence between these two art forms or, rather, sheds light on how these two art forms can be intermingled.

One of the fundamental questions that triggered my mind on photography is why photography is important for us to consider as a reflection of our own world and time. Some of the key features of photography include providing us with memories, preserving the past and our human and natural histories, capturing what we perceive as reality around us, and representing the lives of both humans and animals. Some experts say that photography captures time, memory, duration, presence, love, loss, mourning, and nostalgia. I am aware that photography is an industry. It is a commercial industry where people can make lots of money out of it. However, my question does not comply with the photographic industry but is directed towards the art of photography or the “ontological desire” of photography.

As an actor, I have been fascinated by the presence, absence, and the embodiment of meanings in images. In theatre arts, presence and absences are key elements in a live performance. As Peggy Phelan argues, ‘Performance’s only life is in the present […] The document of Performance […] is only a spur to memory, an encouragement of memory to become present’ (Phelan 1993, p. 146). The nature of live theatre is thus always ephemeral. But photography captures images and preserves them in a particular time and space. However, in terms of its presence and absence of images, photography shares the same phenomenological implications with theatre.

This image of Saumya Liyanage in the play Antique Kadayaka Maranayak (Death in an Antique Shop), shared on Facebook, provoked debate. Photo credit: Sagara Lakmal de Mel.

It is vital for me to emphasise the phenomenological implications of photography because the young generation of photographers should at least be aware of the breadth and depth of the art they use. As you may know, one of the classical writings on photography is Camera Lucida: Reflections on Photography, written by French philosopher and semiotician Roland Barthes. In this collection of essays, Barthes articulates his ideas on photography and shows us how the majority of theorists see resemblances between photography and paintings. However, Barthes argues that photography is more directly linked with theatre than visual art or painting. ‘Photography is a kind of primitive theatre, a kind of Tableau Vivant, (a tableau vivant is a static scene containing one or more actors or models), a figuration of the motionless and made-up face beneath which we see the dead’ (Barthes, 1993, pp. 31-32).

After watching Brecht’s play Mother Courage and Her Children in Paris, Barthes wrote an important paper titled ‘Seven Photo Models of Mother Courage.’ In this essay, Barthes had selected seven photographs taken during the staging of Mother Courage. During this performance, a photojournalist named ‘Pic’ had taken a series of photos using a telephoto lens that captured the vital moments of the play. Another essay written by Barthes titled “Diderot, Brecht, Eisenstein” (1973) further widened his discussion about the value of photography in analyzing mise en scène of the play.

German Actor, Helen Weigal’s ‘Silent scream’ in Mother Courage and Her Children by Bertolt Brecht. The image was captured by a photojournalist in 1957 when Berliner Ensemble staged the play for the second time in Paris.

Barthes argues that when studying Brecht’s plays, it is important to focus on the “Pregnant Moments” of the scenic situations. Photography as a medium of capturing these “Pregnant Moments” is vital to understanding the tableaux. ‘In so doing, photography would function as a technology for the recording of the tableaux created by the playwright /metteur-en-scène’ (Carmody, 1990, p. 31). When studying Brecht’s plays, this tableaux represents Brecht’s key concept of gestus (a gesture, or a set of gestures that can be read as a social demeanor of a character).

The idea of Tableau Vivant is vital for us to further understand how this still photograph is linked with theatre and its theatrical presence. Theatre is performed in a particular space and time, with actors and additional auxiliary arts such as costumes, sets, lighting, and makeup. Thus, theatre is a series of photographic images, connected to each other as ‘animated photographs’ revealing human behaviour within the chosen time and space. The photographic frame is replaced in theatre by the proscenium arch, limiting our perception within the given scenic situation. Even though theatre showcases animated human figures and objects, it is a series of imagery in which the frozen images of humans and other objects are placed and choreographed to make meaningful situations. As Barthes suggests, photography is thus a “primitive theatre,” a tableau of human figures, and also a “made-up face” beneath which we see the “dead” (ibid, 1993).

How do we understand Barthes’ analysis of tableau figures in photographs as the representation of death? Barthes uses a metaphor here to discuss how the subjects in photographs represent death by referring to traditional Asian dance dramas such as Noh, Kabuki, and Kathakali. In these traditional theatres, actors appear with heavy makeup and costumes. In most of the traditional shamanic performances, the shaman represents both the death, demonic spirits, and the living at the same time. The Sharman also appears in front of the audience, the villagers with the painted faces signifying his performative nature of living and the dead.

Thus, Barthes concludes that the human tableau figures presented in photographs are similar to Sharman, who perform death and being with living on the same plain. Now, for me, photography is something theatrical and performative through which the photographer animates her/his figures in the stillness. Photographs present performative elements through their objects and animate them in our perceptual world. Though they appear as still images, they are masked with dead as Barthes postulates and ignite certain referents and generate meanings. As I have argued, theatre and photography are interrelated arts. There are many scholars who have studied the convergences of theatre and photography, and at the same time, philosophically there are some differences pertaining to these forms of art (Carmody, 1990). It is clearly evident that photography has been an integral part of the development of modern theatre. Scholars who have studied early 19th and 20th century modern theatre in the West and East have used photographic images as references to study the nature of theatre at the time. Photography thus has preserved the historical development of theatre and its culture in diverse countries and nations.

Today, we live in a world where photographic images are part and parcel of our daily realities. We all are, to some extent, photographers whose digital apparatuses are in action all the time. We all have the privilege of documenting and creating images of what we like and dislike. Further, we have the chance to display our images on various social media platforms. Our daily lives are becoming more and more visually transformed realities, and our narcissism is to capture our own lives and display them for the consumption of others. As Karel Vanhaesebrouck argues, ‘Not only is the impact of a camera fundamentally theatrical from the moment it selects a fragment of reality, but our society and its day-to-day organisation function along theatrical lines’ (Vanhaesebrouck, 2009).

References

Barthes, R. (1993). Camera Lucida: Reflections on Photography. London: Vintage Books.

Carmody, J. (1990). Reading Scenic Writing: Barthes, Brecht, and Theatre Photography. The Journal of Dramatic Theory and Criticism, 5(1), 25–38.

Barthes, R. and Bernays, H.F. (1967). Seven Photo Models of ‘Mother Courage’. TDR (1967-1968), 12(1), p.44. doi:https://doi.org/10.2307/1125292.

Vanhaesebrouck, K. (2009). Theatre, performance studies and photography: a history of permanent contamination. Visual Studies, 24(2), 97–106. https://doi.org/10.1080/14725860903106104

(Saumya Liyanage is an actor and professor in drama and theatre, currently working at the Department of Theatre Ballet and Modern Dance, Faculty of Dance and Drama, University of Visual and Performing Arts, Colombo.)

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Midweek Review

Ex-SLN seniors focus on seabed mining and Sri Lanka’s claim for the delimitation of the Outer Continental Margin

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Ambassador Majintha Jayasinghe, on Dec, 12, presented his Letters of Credence to Chinese leader Xi Jinping at the Great Hall of the People in Beijing. Jayasinghe was among several envoys who presented their credentials on that day.

During the presentation of the Letters of Credence, Ambassador Majintha Jayasinghe conveyed greetings from the President of Sri Lanka Anura Kumara Dissanayake and the people of Sri Lanka, to President Xi Jinping. President Xi reciprocated greetings to the President and the people of Sri Lanka. Addressing them, Jinping reiterated China’s readiness to share its development expertise and opportunities with other countries and promote the modernization of all countries, based on peaceful development, mutually beneficial cooperation, and common prosperity.

The above strategy has done wonders for Beijing as its windfall in Africa and elsewhere is leaving the traditional domineering states of the West literally in shock and awe, to borrow the words of former US President George W. Bush, who, of course, uttered those words in haste after the US invaded Iraq.

By Shamindra Ferdinando

Close on the heels of the conclusion of President Anura Kumara Dissanayake’s three-day official (Dec. 15-17) visit to New Delhi, the Indian High Commission here announced the planned visits by Indian Coast Guard vessels OPV (Offshore Patrol Vessel) Vaibhav and FPV (Fast Patrol Vessel) Abhiraj to Colombo and Galle, respectively.

According to an Indian HC press release, dated Dec. 20, OPV Vaibhav would be here from Dec. 23 to 27 and FPV Abhiraj from Dec. 29 to January 02, 2025.

As dinned into us over and over again by Indians, such visits, are meant to consolidate the friendship and interoperability between the two neighbouring friendly Navies in line with India’s SAGAR (Security and Growth for All in the Region) doctrine and ‘Neighbourhood First’ policy.

A day after the Indian HC statement on impending ship visits, the Chinese People’s Liberation Army Navy hospital ship ‘Peace Ark’ arrived in Colombo on a formal visit. The vessel is scheduled to leave Colombo on Dec. 28. Regular Indian and Chinese ship visits underscore the continuing tussle between the two giants of Asia because of Sri Lanka’s failure to state its independent and non-aligned position vis-a-vis two nuclear powers and, for that matter, all powers. This had been the unequivocal policy of Sri Lanka, prior to 1977.

With regard to ship visits, the issue at hand is what to do with the one-year moratorium imposed on January 1, 2024, on foreign research vessels entering Sri Lankan waters. The National People’s Power (NPP) government, struggling to balance relations with China and India, has declared that a committee would decide on what Foreign Minister Vijitha Herath called a national policy framework regarding visits by foreign research vessels.

China tested Sri Lanka’s ban by sending Xiang Yang Hong 3 early this year. The Wickremesinghe-Rajapaksa government had no option but to deny it entry into the country’s exclusive economic zone much to the disappointment and anger of China.

In August 2022, the Yuan Wang 5 arrived at the Hambantota port. Shi Yan 6 docked at Colombo port in late Oct. 2023. On both occasions, New Delhi protested. The US sided with India.

During President Dissanayake’s visit, India took up the contentious issue of Chinese research vessels targeting India. Indian officials do not mince their words when they refer to Chinese research vessels as spy ships. However, we intend to pay attention to seabed mining and Sri Lanka’s claim for the delimitation of the Outer Continental Margin – two issues that required a consensual approach on the part of Sri Lanka. Unfortunately, irresponsible and reckless political parties here seemed to be blind to the challenges ahead.

President Dissanayake referred to one of the issues when he addressed the media, along with Premier Narendra Modi on Dec. 16, following delegation-level talks and restricted talks between the two leaders.

A statement issued by the Presidential Secretariat quoted Dissanayake as having said that he requested Prime Minister Modi’s intervention in convening early bilateral technical discussions pertaining to Sri Lanka’s claim to the United Nations Commission on the Limits of the Continental Shelf (UNCLCS) for the establishment of the outer limits of the continental shelf beyond Sri Lanka’s Exclusive Economic Zone.

Defence cooperation

An examination of the latest Indo-Lanka joint statement, and statements made by Premier Modi and President Dissanayake at the media briefing, press briefing given by Foreign Secretary Vikram Misri, and the earlier joint statement issued following the then President Ranil Wickremesinghe’s state visit to New Delhi, in late July 2023, revealed the expansion of the scope of the bilateral relations.

Defence seems to have received New Delhi’s attention in line with its overall strategy pertaining to Sri Lanka. While the joint statement declared that the two countries would explore the possibility of concluding a framework Agreement on Defence Cooperation, Premier Modi declared: President Dissanayaka and I are in full agreement that our security interests are interconnected. We have decided to quickly finalise the Security Cooperation Agreement. We have also agreed to cooperate on Hydrography.

One needs to go through the section under the sub headline ‘Strategic & Defence Cooperation’ to understand the status of the developing situation.

The Island sought the views of retired Navy Chief of Staff and one-time SLN’s Chief of Hydrographer and Joint Chief Hydrographer to the Government of Sri Lanka, Y.N. Jayarathna, regarding the latest developments.

How do you view the challenges faced by our country?

Challenges faced by Sri Lanka in dealing with India are at an all-time high, I must say. We have lived with India for 2500 years and we will continue to live with India for the next 2500 years for sure. And my opinion is that, if we need to understand one country more exclusively, it is India. Our problem has been our political masters, who, for their survival in the political jungle, have played the India card for their political survival. As long as we have this attitude among our political masters there will always be friction, but, mind you, Sri Lanka is all that India has in the neighbourhood. So this is a case of managing each other’s national interests in such a way not to create friction between us. Wisdom, Knowledge and definitely a wider 360-degree bird-eye view on matters maritime are, I would say the three most important pillars in today’s context.

Asked to explain proposed seabed mining and President Dissanayake’s request for Premier Modi’s intervention, the retired officer said that seabed mining and Sri Lanka’s claim for the delimitation of the Outer Continental Margin were two different processes interlinked to one document; the UNCLOS (United Nations Convention on the Law of the Sea). The UNCLOS created the International Seabed Authority (ISA) and the Commission on the Limit of Continental Shelf (CLCS) to look after two different aspects of the seabed; one to regulate the mining of seabed resources and the other to regulate the demarcation limits of the seabed ownership, the expert said.

“Let me first address the seabed mining as India has requested for the licensing of the seabed mining of Afnesy Nikitin seamount, after paying the due fees as indicated in the ISA webpages, the process started. However, when the ISA observed that the claimed area is under Sri Lanka’s claim made in 2009, they stopped the process till the claim is processed at CLCS. Therefore, it will stand as it is.

Then let me focus on the CLCS process for Sri Lanka’s claim: Sri Lanka was the 43rd State to submit, in March 2009, and our claim entirely based on a provision in UNCLOS called the Statement of Understanding (SoU). Under this SoU, the limitations applicable in constraining Coastal States to limit their claims at 350 Nautical Miles as per Article 76 of UNCLOS, is not applicable. That is the basis of including the SoU in the UNCLOS by Sri Lanka’s drafters at that time in the early 80’s. This is introduced to address the inequity of the States who are going to get deprived of claiming the seabed beyond their EEZ. Now the Continental Margin claims are for seabed only as it is not granting any rights on the water column!

India made their claim also in 2009 under Article 76 of UNCLOS, keeping rights to submit another at a later date. They are making their second claim submission on SoU. Sri Lanka also reserved the right to submit the second submission, and it is entirely under Article 76 of UNCLOS.

Meanwhile, the consultations Sri Lanka was having with CLCS, since 2009, has run into an issue as some of the members of CLCS are thinking that limitations of 350 nautical miles as per Article 76 UNCLOS should apply for SoU, too. We are engaging the CLCS for that and it will take some more years to decide as UNCLOS procedures are purely technical.

Although our media and even most of our opinion makers think that India issued their Oct. 2022 Note Verbal in relation to their Seabed mining they requested for Jan. 2024, I see it differently. In 2022 India ensured that they could go for SoU without limiting distances of 350 nautical miles. If CLCS gives a decision on SoU coming under the 350 nautical miles’ limit, then India stands to lose. So, it is up to both India and Sri Lanka to campaign collectively to emphasize the spirit of SoU for the States in the Southern Bay of Bengal.

Jayarathna is of the opinion that India, went for ISA for seabed mining in Afnesy Nikitin seamount in 2024 because they feared China would submit first.

Commenting on the proposed Security Cooperation Agreement, the naval veteran said that such agreements were required but we need not accept the Indian draft. “Let’s draft it ourselves. We should not be making another Taiwan here for India. And whether India is an opportunity or opposition, it is for us to decide. India will be going the way she wants, and we need to be wiser enough to make use of it.”

Admiral RW irked

Former Navy Commander Ravindra Chandrasiri Wijegunaratne, however, bluntly asserted that India brazenly exploited the situation to its advantage. Wijegunaratne, who had served as Sri Lanka’s High Commissioner in Islamabad during Ranil Wickremesinghe’s tenure as the President, emphasized the responsibility on the part of the political leadership here to protect the country’s interests, regardless of pressure exerted by India and perhaps other interested parties in this regard.

The outspoken retired officer said that in the face of the country experiencing such unwarranted turmoil extra efforts had to be made to ensure that national interests were protected. Pointing out that the joint statement hadn’t referred to the issue raised by President Dissanayake with regard to Sri Lanka’s claim to the United Nations Commission on the Limits of the Continental Shelf (UNCLCS) for the establishment of the outer limits of the continental shelf beyond Sri Lanka’s Exclusive Economic Zone, the ex-SLN Chief emphasized that it should receive priority along with proposed seabed mining.

Admiral Wijegunaratne commended efforts made by Rear Admiral Jayarathna to educate the people by sharing his knowledge on this issue. Responding to the proposed Security Cooperation Agreement, Wijegunaratne stressed the need to examine such an agreement against the backdrop of overall developments also taking into consideration the country’s bankruptcy status and 2022 Aragalaya that the caused collapse of the elected government and change of power through other means.

Wijegunaratne didn’t hide his concerns over the rapid developments taking place, particularly in the maritime field. The reference to hydrography in the joint statement should be examined keeping in mind the absence of any mention of matters related to United Nations Convention on the Law of the Sea, the ex-Navy Chief said, urging the powers that be to be mindful of maritime matters. “Do we pay sufficient attention to developments taking place around us as powerful countries jostle to secure critical minerals,” Wijegunarathna said.

Referring to increasing competition among major global powers, Wijegunaratne said China, Russia and India were vying with each other to reach the huge deposits of mineral resources – cobalt, nickel, copper, manganese – that lie thousands of meters below the surface of oceans. These minerals are used to produce renewable energy such as solar and wind power, electric vehicles and battery technology needed to battle against climate change.

Wijegunaratne questioned the rationale in India disputing Sri Lanka’s claim to our Outer Limits of Continental Shelf Margin. Alleging that the Indian move is very unethical, the retired officer asked how they could object to our claims South of Sri Lanka. Claiming that India was going to start mining in the disputed area, Wijegunaratne said that Sri Lanka sought consensus with India regarding ratification of our claims with the UN Law of the Sea Conference. “Then we can work out modalities for deep sea mining with an agreement on sharing income.”

Political parties represented in Parliament should seek consensus among them regarding the country’s foreign policy. The NPP government seems on the track laid down by former President Wickremesinghe during his tenure. Having agreed to abide by the Economic Transformation Act that had been endorsed by Parliament during Wickremesinghe’s presidency, the government and the Opposition are expected to follow the IMF agenda.

Soon after returning from India, President Dissanayake announced plans to visit Beijing, a significant economic partner though India definitely played a far more significant role here during the 2022 economic meltdown. The visit is expected to take place in mid-January 2025.

Dissanayake faces the unenviable and daunting challenge of balancing China and India. The situation should be examined in the context of the overall US strategy meant to counter the USD 4 trillion Belt and Road Initiative (BRI) considered China’s largest and most ambitious foreign trade, investment and political project to date. With China positioned at Hambantota and Colombo ports, as well as the adjoining Colombo Port City project, their largest single project here that had been launched in 2014 whatever the consequences bankrupt Sri Lanka is part of BRI formerly called ‘One Belt and One Road’ initiative.

In a way Aragalaya was meant to change Sri Lanka’s direction. Had that really happened, the outcome is not yet very clear.

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