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Harini says govt. is mortally scared of people and that is the reason for draconian new anti-terrorism act
By Rathindra Kuruwita
The newly gazetted anti-terrorism act can make protesting against the International Monetary Fund (IMF) a terrorist offense, JVP-led NPP MP Dr Harini Amarasuriya said in Colombo last week.The government is panicking because it can’t implement the agreement signed with the IMF due to practical constraints, Dr Amarasuriya said.She said that the government, a few months ago, told professionals, that personal taxes imposed on them would be reduced during the first IMF review.
“The IMF team is here but there are no concessions to professionals. In fact, the government is panicking because it has not fulfilled what it promised the IMF. And most of these recommendations can’t be enforced due to practical constraints,” she said.
Dr Amarasuriya said the economic crisis has worsened and that within months an election has to be held.
“The government will lose the election if there is a level playing field. They have to win using intimidation,” she said.
The MP said regazetted anti-terrorism bill contained vague and broad definitions. “When the bill was brought up first in April 2023, the main criticism of it was that its definition of terrorism was too broad. The act proposes to shift some offenses that are currently punishable under the penal code, into the category of terrorist offenses. The new version of the bill will make protesting against the IMF a terrorist offence,” she said.
Sharing information about the IMF can be considered a terrorist offense, she said. This bill severely restricts the freedom of expression of unions, civil society and media, Dr Amarasuriya said.
She said that most MPs in the government seem to hate people and believe that the people have caused them a great injustice.
“The people have rejected them and they can’t stand it. The 2022 uprising has shaken their hold on the people. A smart government would look at what led to protests in 2022 and what led to the attacks on politicians. Instead, they are driven by a primordial hate. They want to hurt and punish people,” she said.
Dr Amarasuriya said that people are increasingly realizing the danger of domestic debt restructuring.
“However, they haven’t really grasped what will happen to their EPF. The government is bombarded with issues and people who are desperate to survive today have less time to think about collecting their EPF, which will happen in a few years. No other country has only subjected pension funds to domestic debt restructuring,” she said.
There are 14 countries that have restructured domestic debt along with external debt. Out of the 14 countries, 12 have not touched funds like EPF. Only Grenada and Ghana have restructured these funds, she said. These two countries too have restructured loans taken from other domestic lenders.
“Sri Lanka is the only country that has exclusively used funds like EPF that are there for the welfare of the workers,” she said.
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Unions resist tripartite EPF management plan
… warn of dire consequences
A group of trade unions and civil society groups has requested President Anura Kumara Dissanayake to abandon his government’s controversial plan for the proposed tripartite management of the EPF.
The group has told the President: “We strongly object to the government’s plan to transfer the EPF to a tripartite board—jointly promoted by the Employers’ Federation of Ceylon (EFC), International Monetary Fund (IMF) and the International Labour Organisation (ILO)—and to increase the investments of those funds within private equity and debt markets.
“While the EFC and the government jointly project this plan as a ‘modern governance framework’, it poses a serious threat to the EPF’s financial stability, fiduciary conduct, and returns to workers’ life savings, with severe consequences for broader macroeconomic stability. Rather than replacing the corruption existing in the public sector, this tripartite framework paves the way for a corporate takeover of the EPF. Through this, the fund is exposed to unlawful business practices such as insider trading using internal information of EPF investments, conflicts of interest and corporate bailouts of unstable private companies.
“Sri Lanka’s corporate sector has a tremendously negative track record, which you alluded to during your victorious election campaign in 2024. This was recently unravelled by the multi-billion-dollar illicit capital flight through trade misinvoicing, which your administration is now actively working to curb in the imports sector.
“The recent banking sector fraud exceeds Rs. 13 billion; widespread corporate tax evasion destabilised the fiscal position (Sri Lanka Auditor General’s Department Annual Reports) and consequently inflated the tax burden on the general public. The EFC has found it convenient to remain silent about these crimes, possibly assuming that their silence would preserve their social standing. Considering this inherent corruption within Sri Lanka’s corporate sector and its disregard to the living standards of the general public, there is no realistic basis to integrate corporate interests to actively manage the EPF. The corporate sector of Sri Lanka has not developed sufficiently on technical and ethical grounds to safely entrust the largest retirement savings pool in the country. The EPF is a captive fund that has no mechanism for the owners to divest if the management is corrupt. This further increases the possibility of corporate fraud when the management of the fund is jointly held with the corporate sector.
“Furthermore, during the recent public discussion with trade unions, Deputy Minister of Finance Dr. Anila Jayantha pointed out that the domestic debt restructuring (DDR) would inflict a loss of Rs. 600 billion to the EPF. Our independent calculations—formally submitted as an affidavit to the Supreme Court approved by the Federation of University Teachers’ Associations in 2024—reveal that nominal loss alone is Rs. 634.4 billion. When factoring in foreclosed reinvestment returns, the true loss skyrockets to Rs. 1,711 billion, wiping out 48% of the fund’s projected gross income for the 2023 – 2028 period. Under the pretext of safeguarding the banking system, this colossal robbery preserved high yields on government bonds held by commercial banks and high-net-worth individuals, subsequently reaping them astronomical profits. Now, the exact same plunder is rearing its head again disguised as a tripartite committee.”
“The main arguments supporting our resistance and viable alternatives for optimising EPF management directly under the Central Bank of Sri Lanka (CBSL), are outlined below.
“Objections to the government’s tripartite proposal:
1. The “International best practice and conflict of interest fallacies”
The government holds that tripartite management of pension funds is the “international best practice” and that there is a “conflict of interest” in CBSL managing the EPF. They are key pillars justifying government’s tripartite proposal.
These two positions are shockingly misleading given that four of the five largest pension funds in the world, in Norway, Japan, the U.S., and Singapore, are managed directly by state bodies or central banks. Therefore, ‘international best practice’ in pension fund management is the exact opposite of what the government and the IMF are proposing. We hence reject these baseless positions.
2. Corporate captivity and bailouts
It is clear that the EFC is desperately pushing for this proposal at a time of global uncertainty, to cushion the effects of the crisis and maximise gains. Under corporate influence within the proposed tripartite board, the private conglomerates can use the multi-trillion-rupee EPF to continue their unstable commercial operations without having to risk their own capital or savings to do so. This will severely erode the financial stability of the EPF and its returns.
3. Risk of front running
“Because the EPF is a colossal fund, its investment decisions can alter asset prices. This creates immense monetary value for the information generated by its investment decisions. Corporate representatives on the proposed tripartite board will be perfectly positioned to use this information to trade ahead of the EPF (front-running), buying assets cheaply and dumping them onto the EPF at inflated prices for guaranteed corporate gain, resulting in a reduction of returns to the EPF.
4. Unavoidable loopholes
“Presence of a separate group of investment analysts, trade union representatives and government officials within the proposed tripartite structure cannot prevent pre-market corporate access to EPF’s investment decisions. Investment proposals made by the analysts has to be first approved by the proposed tripartite committee, making it impossible to prevent corporate access to insider information on EPF investments.”
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