News
FSP claims Lanka losing its energy sovereignty
By Rathindra Kuruwita
Sri Lanka would lose its energy sovereignty in the coming months as it continued to sell energy assets to private entities owned by foreign countries, Education Secretary of the Frontline Socialist Party (FSP), Pubudu Jayagoda alleged yesterday.
Jayagoda said that on 26 December, Minister of Energy, Udaya Gammanpila had told The Hindu that an agreement would be signed with India within a month on the 99 oil tanks in Trincomalee. Gammanpila added that they had been having discussions with India on the agreement for 16 months.
“When Foreign Secretary Harsh Vardhan Shringla visited Sri Lanka recently, he posed for a photo near the oil tanks. When we saw the photo, we said that this was not a snap taken by a tourist and it was tantamount to a projection of power. Minister Gammanpila rejected our claim and said that Shringla was only on a sightseeing tour.
Gammanpila insisted, a few months ago, that they would take back some oil tanks from the IOC,” he said,
Jayagoda said that when Gammanpila, a few months back, said that they were trying to take back oil tanks from India, the Indian HC rejected the statement. The Indian HC insisted that there had been no discussion on returning the tanks to Sri Lanka.
“Ultimately, we know who was telling the truth. The Minister himself admits that they were talking to India for 16 months. There were 99 tanks built by the British and 15 tanks were given to IOC in 2003 for 35 years. There are 84 more tanks remaining, 16 can be used with minimal repairs. 20 are almost impossible to use. In 2017, the Yahapalana government tried to sign an agreement with India. It wanted to give 15 tanks to IOC forever and 10 tanks to the CPC. The remaining 74 were to be managed by a company jointly with IOC, but IOC has full decision-making powers,” he said.
The FSP Education Secretary said that the progressive forces had managed to thwart this plan in 2017. Now the Rajapaksa government has announced the establishment of Trinco Petroleum Terminals Ltd., to renovate the Trincomalee oil tank farm. Jayagoda said that while the government insisted that IOC would hold only 49% of the shares, it would have full operational control.
“Earlier this year, the Cabinet approved an amendment to the Ceylon Petroleum Corporation Act No. 28 of 1961. Before this act various multinationals had a monopoly in Sri Lanka and it was with this Act that the state took over and it needs to be amended to enable the privatisation of the sector. The Minister himself said that the changes to the laws would end the state’s refining monopoly. From what we hear the US and China are to build two refineries at a time when Sapugaskanda Oil Refinery is dying a natural death,” he said.
Jayagoda added that soon Sri Lanka would have to depend on private entities to purchase refined oil. The government was also planning to extend the agreement which transferred 33% of Sri Lanka’s petroleum infrastructure to the IOC, he said. “Once Trincomalee oil tanks are handed over to India, the import, refining and distribution and storage of petroleum will be privatised.”
“They will be able to control prices and there is nothing the government will be able to do. Moreover, these private companies will be owned by foreign countries. They are not investing only for profit but also for geopolitical reasons. Let’s take the Trincomalee oil tanks for example. They were built by the Brits to supply their troops and the capacity of these tanks exceeds our demand even now. India is investing and taking control of these tanks because this also gives them access to valuable strategic lands in Trincomalee. All of us are aware of the importance of Trincomalee to any maritime power,” he said.
News
INS Airavat makes port call in Colombo
The Indian Naval Ship (INS) Airavat arrived at the Port of Colombo for Operational Turnaround on 01 Jun 26. The visiting ship was welcomed by the Sri Lanka Navy (SLN) in compliance with time-noured naval traditions.
INS Airavat is a Landing Ship Tank, commanded by Commander IP Patil.
During their stay in the island, the ship’s crew is scheduled to take part in a series of professionally enriching events and camaraderie-building programmes organised by the Sri Lanka Navy.
The Indian naval personnel will also tour several historic and prominent tourist attractions across the country before the ship concludes her deployment.
News
BASL asks govt. to abandon plan to raise retirement ages of CA and SC judges
… tells Prez such arbitrary change neither necessary nor desirable
The Bar Association of Sri Lanka (BASL) has urged President Anura Kumara Dissanayake to abandon the controversial plan to increase the retirement age of the judiciary, including the Court of Appeal and the Supreme Court.
In a statement issued by the BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva, the BASL pointed out that the proposed increase of the retirement age of the judiciary would undermine the independence, integrity, dignity, and public confidence in the Judiciary, which is essential for the maintenance of the Rule of Law and democratic governance in Sri Lanka.
The text of the BASL statement: “The Bar Association of Sri Lanka (hereinafter referred to as “BASL”) notes with grave concern reports in the public domain that the Government is considering the introduction of an amendment to the Constitution to increase the age of retirement of Judges of the Court of Appeal and the Supreme Court.
It is the considered view of the BASL that the age of retirement of the judges of the Court of Appeal and the Supreme Court which has stood at 63 years and 65 years respectively from the promulgation of the 1978 Constitution, should not be changed arbitrarily and that such a change is neither necessary nor desirable.
To do so will result in the loss of public confidence in the integrity of the legal system and of the Government’s commitment to preserve and protect the rule of law and the independence of the judiciary. Members of the public are likely to question the motives of the Government in bringing in a Constitutional amendment solely for this purpose.
Your Excellency is no doubt aware that the cadre of the Judges of the Court of Appeal was increased from 12 to 20 Judges (including the President of the Court of Appeal) and that of the Supreme Court from 11 to 17 Judges (including the Chief Justice) by the 20th Amendment to the constitution certified on 29th of October 2020. With such enhancement, workwise, there cannot be a real requirement to extend the retirement ages of these judges.
Your Excellency is aware that altering the retirement age of judges of the apex courts would have to be done through a Constitutional amendment. For many years Sri Lanka’s Constitution has been subject to ad hoc amendments, sometimes in order to cater to the political needs of the government in power and often contrary to the interests of the rule of law, the independence of the judiciary and the judiciary.
Extending the retirement age of the sitting Judges of these Courts at this point of time is likely to be viewed by the public as a blatant attempt to interfere with the judiciary. We believe that to go ahead with such an ad hoc move will also be an affront to the Honourable Judges of those courts.
If the Government goes ahead with such a move it will set a dangerous precedent for future Governments too to introduce ad hoc amendments to the Constitution in respect of the functions of the Judiciary.
The independence of the Judiciary and the public confidence reposed in it, are indispensable pillars of the Rule of Law and the democratic framework of our Republic. In that regard, it is of paramount importance that the Judiciary must not only remain independent in fact, but must also be seen by the public to be wholly independent, impartial, and free from even the slightest perception of influence, favour, accommodation, or impropriety.
The Bar Association of Sri Lanka is therefore constrained, in the discharge of its duty to uphold and safeguard the Rule of Law and the independence of the Judiciary, to respectfully express its serious concern regarding any such proposed amendment, which is neither in the interests of the Judiciary and nor of the people.
In the circumstances, the BASL respectfully urges Your Excellency not to proceed with any proposed constitutional amendment seeking to increase the retirement age of the members of the Judiciary including Judges of the Court of Appeal and the Supreme Court.
We remain confident that Your Excellency will give due consideration to the importance of preserving and protecting the independence, integrity, dignity, and public confidence in the Judiciary, which is essential to the maintenance of the Rule of Law and democratic governance in Sri Lanka.”
Govt. declines to respond
A member of the Cabinet yesterday declined to comment on the BASL’s letter to President Anura Kumara Dissanayake. The Minister said that he wouldn’t comment for the time being.
News
New US tariffs proposed on 60 countries, including Sri Lanka
12.5% additional duties on goods imported from Colombo
The US has proposed additional duties of 10% or 12.5% on imports from 60 economies, including Sri Lanka, over their alleged failure to curb trade in goods made with forced labour.
The proposal made by US Trade Representative’s (USTR) office in terms of Section 301 unfair trade practices investigation to be released, news agencies reported, pointing out that the Trump administration was seeking to rebuild its emergency tariffs, which were struck down by a US Supreme Court decision in February.
The USTR said it determined that it would impose 10% duties related to the forced labour investigation on imports from Canada, Ecuador, the European Union, Indonesia, Mexico, Pakistan, Argentina, Bangladesh, Cambodia, El Salvador, Guatemala, Indonesia, Malaysia, Taiwan and Britain.
The trade agency said it would impose additional duties of 12.5% on the remaining 45 countries that were investigated.
“The failure of our most important trading partners to address the importation of goods made with forced labour is unacceptable,” US Trade Representative Jamieson Greer said in a statement. “This creates a dynamic where American workers are forced to compete globally on an unlevel playing field.”
According to the trade agency, the USTR found that Sri Lanka has failed to impose and effectively enforce a forced labour import prohibition.
The USTR noted that the results of its investigation indicate that the acts, policies and practices of Sri Lanka related to the failure to impose and effectively enforce a forced labour import prohibition are unreasonable and burden or restrict US commerce.
Accordingly, it has proposed to impose 12.5% additional duties on goods imported from Sri Lanka.
The USTR said it also was proposing a textile mechanism that would allow for a certain volume of apparel and textile imports to enter the US at a reduced tariff rate, though the duties and volumes were not disclosed.
The announcement comes ahead of the July 24 expiration of a 10% temporary tariff imposed by the Trump administration on February 20, the day the Supreme Court struck down US President Donald Trump’s tariffs under the International Emergency Economic Powers Act.
On Monday, the USTR proposed a 25% duty on many Brazilian goods as a result of a Section 301 investigation into the country’s digital trade practices and preferential tariffs. The trade agency is also expected to soon unveil the findings of another major Section 301 probe into the buildup of excess industrial capacity in 16 trading partners, including China.
In the forced labour findings, the USTR said it would exempt from the tariffs a number of products, including energy, rare earths and certain other metals, beef, coffee, certain fruits and vegetables, pharmaceuticals, organic chemicals and aircraft parts.
The USTR said it would accept public comments on the proposed tariffs and other remedies through July 6, with a public hearing scheduled for July 7.
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