Features
L-Board arrest in Colombo and seasoned mayhem in Washington
In Ranil Wickremesinghe’s parlance a cynic would probably describe the former president’s predicament as being the result of an L-Board arrest. Mr. Wickremesinghe himself might have described it as such had he not been weakened and silenced owing to excessive dehydration during and after his police questioning and long court hearing last Friday. As has now been extensively reported, the former president has multiple health issues which given his age would seem to have been concerningly aggravated by Friday’s ordeal. In the circumstances, the granting of bail for reasons of health is a healthy pause in an unfolding drama that has no script for its ending. Keeping Mr. Wickremesinghe in remand would have been pound-of-flesh meanness, with potential risk to his health and continuing headache for the government.
There have been plenty of commentaries on the political fallouts of the episode, but little has been and can be said about the legal precedents that may or may not ensue. While there is much to be said about the government’s amateurishness in the whole matter, it would be an exaggeration to suggest, in my view, that the arrest of Ranil Wickremesinghe is a portent sign of a threat to democracy or drift towards a one-party polity. While These interpretations are obviously far-fetched, what has to be conceded is that the government’s handling of the matter has created a huge and unnecessary distraction to its own agenda and has provided further ammunition to those who constantly question the NPP’s competence for governance.
Mayhem in America
As for the threat to democracy and the danger of a one-party polity, Sri Lanka is nowhere near what is unfolding in America under President Trump’s endless executive orders. Trump has declared executive war on the Federal Reserve, the American Central Bank, because its Chairman and Board are not reducing interest rates as the President wants them to be reduced. He is sending the military to American cities in Democratic states with African American Mayors purportedly to fight urban crime. And he is directing the FBI and the Justice Department to investigate those who worked in the Biden Administration and Republicans who have been critical of him for their alleged acts of treason. The investigations likely will go nowhere but their purpose is to subject the targeted individuals to public slander and force them to expend money defending themselves in investigations.
Yet for all of Trump’s excesses, and there are a lot more than what I have listed above, it would be an exaggeration to say that American democracy is in its death throes. That has been the Democrats’ party line, forever warning the Americans of Trump’s existential threat to democracy but doing nothing about it except getting the people tired of the leadership of the Democratic Party. But there is no denying the massive stress that the American institutions are going through as they respond to Trump’s executive orders and unconventional demands.
None more so than the American judiciary. The FBI and the Justice Department have become Trump’s weapons against his political opponents and policy targets who are mostly immigrants and minorities of all kinds. The judiciary, on the other hand, is torn between those who are constrained to fight Trump’s attacks on them and the government lawyers whose brief is to defend Trump’s actions in the courts.
The stress is especially on the lower tier federal judges who are the first line of defence for those facing the brunt of Trump’s orders. These judges invite Trump’s wrath if they rule against the government as most of them have been doing. The appeal courts are caught in between while the Supreme Court, with its 6-3 conservative majority, decidedly sides with Trump. The conservative judicial agenda is to expand the power of the unitary president over the legislature and the judiciary. That takes priority even if some of the conservative judges might be disgusted by the vulgarity of Trump’s actions. Chief Justice John Roberts has papered over them, calling them transient results and present exigencies.
Sri Lanka is nowhere near the troubled state of the US either in regard to the attacks on democracy or the stresses on the judiciary. It is indeed a sea of calm relative to the political turbulence in America. For all his political assaults on institutions, the undoing of the Trump presidency, if at all, will be precipitated not by his politics but by his mercurial interventions in the economy. The deluge may come after him, but he is quite capable of hastening it a lot sooner than any other political leader.
In Sri Lanka too, it will be the economy that will determine the people’s ultimate verdict on the NPP and not the politically grand projects like Clean Sri Lanka or Constitutional Reform. The government has to keep the economy humming and keep essential goods in steady supply and at affordable prices to win the next election. The implementation of the grand projects will take more than one term, even two, and to complete them successfully the NPP will have to win not only the next but the next two elections. If the economy goes south, food scarcity returns and prices rise, the electorate is not going to reward the NPP for fighting corruption and arresting politicians who are well past their Best Before or Expiry dates.
Much Ado about What?
The arrest of Ranil Wickremesinghe has led to predictable reactions. Government ministers have been touting the precept that law should be applied equally to all citizens and that the NPP government is creating an atmosphere in which law enforcement will not exempt anyone. Wickremesinghe has become the government’s Exhibit A to illustrate the new enforcement regime. A victim of poetic irony in that he had in the past intervened to protect other politicians from prosecution in spite of promising to do the opposite.
To wit, the total betrayal of the yahapalanaya promises when he was Prime Minister and Maithripala Sirisena was President. Now, Sirisena and practically everyone else from the old parliament are now united in solidarity with Wickremesinghe. Yet there is no earth-shattering outrage against the arrest. While a majority of the commentaries are critical of the arrest in varying degrees, there are also a good number of voices that are more measured if not expressively supportive. These viewpoints fall along party lines and along established political alliances.
A common reaction across party lines has been bafflement. Why did the government, or anyone on its behalf, have to do this? Was he arrested merely to prove the point that under the NPP government law will be applied equally to all citizens regardless of their status?
Wickremesinghe is apparently the first President or Prime Minister to be arrested and charged with a crime. He could also be the first person in Sri Lanka, if not anywhere, to be indicted over travel and accommodation expenses. It is not uncommon for employees, whether in the public or private sector, travelling on official business to piggyback some private engagement involving additional travel or longer stay. Employees are reimbursed according to approved allowances for the official portion of the trip and pay out of pocket for any additional expenses for their private engagement. No one is accused of fraud or sent to jail over travel and per diem expenses. If anyone abuses the system they could be caught and dealt with administratively, including financial penalty, interdiction or dismissal. Not jail.
In the case of government ministers or heads of state, the disbursements will be large because of accompanying staff and security detail, but disbursements will have to be within approved allowances for specific purposes with full reconciliation at the end of the trip. The vaunted SLR 16.9 million that Mr. Wickremesinghe is accused of illegitimately overspending is not money that he or his aides had somehow pilfered from state coffers, or spent on his own and got reimbursed. On the contrary, from what has been reported it would appear that the disbursement has been assessed and provided through the normal back and forth process involving multiple agencies.
The point of contention is whether the London stay by Wickremesinghe on the return leg of an otherwise official travel to Cuba and USA, is private or official. Someone in police or the Attorney General’s office would seem to have determined that the London stay should be deemed private and, therefore, Wickremesinghe should be charged for a non-bailable offense on a Friday afternoon for a weekend sojourn at Welikada.
There is a bureaucratic saying: ‘this is above my pay grade”, to indicate that certain decisions are beyond the purview of officers at certain levels. Someone higher up must make the call. Not so, it seems, in Sri Lanka when it comes to dealing with a former president over his travel itinerary.
What is official or private conduct for an American president has been vigorously debated in courts and by legal scholars for the last four years. There is now a Supreme Court opinion on the matter which many disagree with but all abide by. And President Trump is the principal beneficiary of the Supreme Court ruling. Otherwise, he wouldn’t be president now. And he could be the only beneficiary in history. The ruling differentiates between and deems that all core functions of a president are absolutely immune from prosecution, there should be presumed immunity for conduct that straddles the official and the private spheres, and no immunity at all for conduct that is totally private.
But the debate is all about presidential powers and actions and not about air fare or hotel accommodation. No one is questioning Trump to pay for his weekend flights from Washington to his Florida club. Or for all the time he spends playing golf with full security paid for by the taxpayer. No one is suggesting a Sri Lankan president should be afforded all the luxurious perks of an American president. But whatever perks that Sri Lankan presidents might be availing themselves of, their entitlement should be determined in some proper way and not by officials acting above their pay grade.
There would have been some plausibility in taking legal exception to a London trip by Mr. Wickremesinghe if the trip had been solely for the purpose of accompanying Mrs. Wickremesinghe to a celebratory lunch at the University of Wolverhampton. Even then, it should have been more a socialite question, not a legal one, as to why Sri Lanka’s first couple would bother flying all the way to London town for lunch at a by and large nondescript institution. There is much political hay to be made of the fact SLR 16.9 million were spent when the country was struggling without food and fuel and the coffers were apparently empty to pay for local government elections. But arraigning in court – that is simply beyond the pale.
Ranil Wickremesinghe is perhaps the most serially defeated political leader in the country. Electoral defeats are an indication of people’s judgment on political parties and leaders for their acts of omission and commission. There will never be a specific correlation between a particular act and the voter’s verdict, but in the scheme of things elections provide a way of cleaning the stables for at least another four or five years. Defeat in elections should be punishment enough for political failures and there should be no need for prosecutorial follow through. This was the case in the stripping away of Sirimavo Bandaranaike’s civil rights by President Jayewardene. And it should not have been the example for the NPP government to follow with modifications in the case of Ranil Wickremsinghe.
Ironically, after the UNP parliament in 1980 suspended Mrs. Bandaranaike’s civil liberties, the admixture of executive presidency and the open economy created a political culture of impunity for abuse of power and corruption in government. This culture that was not there before 1977 went on to thrive for long after the UNP was gone in 1994. There have been multiple rebirths of the same old corrupt governments. Until now, that is, the NPP government might say with some justification.
The upshot is that electoral defeats may not be enough to deal with corruption in government. More so when criminal culprits, including two of them convicted for murder, who managed to win elections and find accommodation in government benches. So, there is much to do, plenty to investigate, and many trespassers to be brought to book. My contention is that the arrest, remand and the likely trial of Ranil Wickremesinghe over his luncheon date near London, has devalued rather than advanced the government’s mission of fighting corruption.
It may be that the government may have wanted to test the waters by taking in Ranil Wickremesinghe before going after others who are more capable of creating trouble on the streets than Ranil Wickremesinghe can ever be. Or it may be that someone in the police or the AG’s office decided to act above their pay grade. We can only speculate. Moving forward, the government may want to consider inviting independent lawyers, say people of high calibre from the unofficial bar, to review police files and findings involving political leaders and make recommendations regarding prosecution.
The government may also want to study the application of the Shawcross principle in criminal cases. Named after British Attorney General Hartley Shawcross, who formulated it in 1951, the principle is for the Minister of Justice or Attorney General to act independently in decisions regarding criminal prosecutions without pressure or direction from cabinet. The cabinet could be informed of such decisions but it will have no say in the matter. It is a delicate balance but life will be worthless without delicate balancing. The principle is assiduously followed in Britain, Australia, Canada and New Zealand, but I am not aware of its status in other Commonwealth countries including Sri Lanka. The NPP government may want to take a crack at it if only to show that it is serious about gaining competence in governing in addition to claiming honesty in politics.
by Rajan Philips ✍️
Features
Trump’s tariffs, AKD’s gazette and Sri Lanka’s diplomatic slumber
“We are rather respectable in Colombo. We go to bed fairly early, and we remain there till morning. “
According to Sri Lanka’s diplomatic folklore, the late S.W. R. D. Bandaranaike uttered these words while explaining the reasons for Sri Lanka’s abstention on the UN resolution condemning the Soviet invasion of Hungary. Apparently, SWRD’s foreign ministry officials were asleep at home when the diplomatic cable seeking instructions was received from New York. In those days, there were no cell phones, Internet, or even fax or telex machines. The diplomatic cables were sent through post offices. Decoding them was a slow and time-consuming process. Thus, the government could not provide appropriate instructions to our mission in New York in time, and the Sri Lankan delegation abstained on that sensitive UN vote.
Sri Lanka’s Absence from Section 301 Consultations
But then, how does one explain Sri Lanka’s absence from the crucial bilateral consultation held in Washington by the Office of the United States Trade Representative (USTR) during March-April on “Forced Labour” under the Section 301 of the US Trade Act of 1974? Didn’t our foreign and trade ministries send appropriate instructions to Washington in time? Even if the instructions from the foreign ministry were transmitted to our embassy in Washington by pigeon carriers, there was enough time for Sri Lanka to participate in those meetings.
In March, the USTR initiated these 301 investigations on 60 trading partners, and invited all of them for confidential consultations. Out of the 60, 46 participated in these consultations. Sri Lanka was not one of them. Other countries that didn’t participate in these consultations included China, Russia, and Venezuela! In addition to that, the Section 301 Committee conducted a public hearing with interested parties on April 28 and 29. Washington-based diplomats, representatives from few trade ministries as well as representatives from many foreign trade associations and chambers participated in these hearings. Sri Lanka was once again conspicuously absent.
As a result, when the USTR published the proposed forced labour tariffs on June 2nd, Sri Lanka ended up with a 12.5% duty. Pakistani and Indonesian diplomats participated in these consultations and took appropriate follow-up measures, and managed to enter the 10% duty category. As even a threat of a modest tariff hike could disrupt supply chains and reduce competitiveness, particularly in an industry such as garments, I discussed this issue on 15 June and underscored the importance of Sri Lanka’s participation at the next hearing, which was scheduled to be held from July 7th .
Awakening from Diplomatic Slumber and AKD’s Gazette
Fortunately, Sri Lanka finally awoke from weeks of diplomatic slumber, and Ambassador Mahinda Samarasinghe participated in the public hearing on 9 July, and promised, “…. · We have agreed to the text in our negotiations with the USTR on forced labour, …. The gazette as we speak is being printed and I’m getting the gazette tomorrow morning, and the gazette will be shared with USTR as I get it“.
As promised, President Anura Kumara Dissanayake issued a gazette on 10 July banning the imports of goods produced by forced labour. These new regulations are very similar to what Pakistan and Indonesia enacted in April, after their consultations with USTR in March. Why couldn’t we do it in April? Why did we wait till the very last minute?
Challenges ahead
“War is too important to be left to generals alone,” is a famous saying attributed to former French Premier Georges Clemenceau. Similarly, monitoring our main markets is too important to be left to diplomats alone. The United States is the largest single-country market for Sri Lanka. Therefore, Sri Lankan trade chambers and associations should become more proactive in these markets and participate in these events. For example, the chairman of the Pakistani apparel exporters association participated in the April hearings. Similarly, representatives from the Indian Agricultural and Processed Food Products Export Development Authority, the Federation of Indian Chambers of Commerce and Industry, the Confederation of Indian Industry, and Reliance Industries also participated in July hearings. At an event where each speaker is given only five minutes (strictly enforced), having a number of speakers from a country is an advantage. The presence of industry representatives in these kinds of events also help them understand the market dynamics and the future challenges. This is important, particularly because there will be many more challenges with Trump’s tariffs.
With the gazette issued on 10 July, Sri Lanka has imposed a prohibition on the importation of goods produced with forced labour. Now, the challenge will be to effectively enforce the prohibition. And what are the goods produced with forced labour? The USTR list only focuses on aluminum, cotton, electronics, lithium-ion batteries, rice, and tobacco. However, according to the U.S. Department of Labour, the list is much longer. Hence, this list may change continuously during the next two years and tariffs may fluctuate once again.
So, this is definitely not the time to slumber.
(The writer, a retired public servant, can be reached at senadhiragomi@gmail.com)
by Gomi Senadhira ✍️
Features
Tales of Mystery and Suspense 10 Casino for Sale
After the overwhelming grotesquerie of J K Rowling’s latest Cormoran Strike novel (written, I should have noted, as the others were, under the pseudonym Robert Galbraith), I thought I should return to the world of fun, and also a much shorter description since this thriller moves quickly without the layers of detail that Rowling engages in.
I then move to the second comic thriller by Caryl Brahms and S J Simon. This, their second story to feature Vladimir Stroganoff and Adam Quill, was Casino for Sale, as lunatic a romp as the first, though without the emphasis on the ballet that characterized A Bullet in the Ballet.
This one begins with the impresario Stroganoff buying a casino cheap from Baron Sam de Rabinovich, only to find that it was a rundown place, not the grand casino of La Bazouche, a resort on the Frenc+h Riviera, as he had initially thought. The grand one belonged to Lord Buttonhooke, and Stroganoff could not compete, until he thought of bringing the Ballet Stroganoff to the casino – which of course leads to Buttonhooke deciding to have ballet performances in his Casino too.
Stroganoff invites Quill to visit him, which Quill decides to do since he has left Scotland Yard, having come into a legacy. No one believes this, and he has to face questions as to what he did to have been sacked, with sympathy for having been found out.
The day he arrives in La Bazouche there is a murder, of a vitriolic critic called Citrolo, in Stroganoff’s office. He had been going to write a damning review of the opening night of the ballet and Stroganoff, when he realizes Citrolo cannot be swayed, drugs him and dictates the review himself to the papers. He leaves Citrolo sleeping and finds him shot the next morning, whereupon he decides to muddy the waters and leave a suicide note and lots of other murder weapons. So much overkill, as it were, of course ensures that he is arrested.
But the excitable French detective who makes the arrest follows up his suggestion that Buttonhooke was also involved, and so the two casino owners find themselves in cells next door to each other, with the detective Gustave quite happy to provide creature comforts for a fee.
Quill decides he must investigate, and finds Gustave most cooperative, since he has a laid back attitude to work. So it is Quill that finds a notebook which makes it clear Citrolo is an accomplished blackmailer, and that there are lots of possible murderers, including Stroganoff’s croupier, who was crooked, Rabinovich, who was now working for Buttonhooke, a confidence trickster called Kurt Kukumber, whose prospectus for a dud gold mine was found in the office and Prince Alexis Artishok who was engaged in a deal to buy diamonds from the ballerina Dyra Dyrakova.
Stroganoff had been trying to get Dyrakova to dance for him, but having done so previously she had refused. But then to Stroganoff’s chagrin she agreed to dance for Buttonhooke. The clearly crooked Artishok had told Buttonhooke’s mistress Sadie Souse, who was not very bright, that Dyrakova possessed diamonds she was willing to sell cheap, and Sadie was determined to have them.
Quill meanwhile finds out that there was a secret passage to Stroganoff’s office, the obvious solution to what had begun as a locked room mystery, and that this was known by almost everyone apart from Stroganoff himself. And then Rabinovich is murdered, just after Gustave had released his two original suspects, leading him to blame Quill for having insisted on that and thus allowing them to kill again.
Soon afterwards Dyrakova arrives, and the town is full of posters announcing that she will appear in the casinos, elaborate posters for either one, since Stroganoff is determined that she will dance for him, and if she does not come willingly, he has devised a scheme to make her do so unwillingly. So, though Buttonhooke has her taken off to his yacht immediately she arrives at the station, Quill along with Arenskaya gets her into a launch and to Stroganoff’s casino, where she performs to tumultuous applause, not knowing for whom she is dancing.
When Quill asked her about the diamonds, she said she had sold them long ago, and that gave Quill the solution to the mystery. Rabinovich had known about this, and Artishok had killed him to prevent Sadie learning it from him, he had killed Citrolo who had recognized him for an accomplished card sharper, not a Russian prince at all. But before he is arrested, he gets away in a boat, and the police launch that pursues him is on the point of catching him up when it runs out of petrol.
Again, lots of excitement, and entertaining references – Gustave grows marrows – and if not quite as brilliant as its predecessor, Casino was certainly a delightful read.
Features
The challenge of being positive about SAARC
It was a few years back that a former President of Sri Lanka took it on himself to pronounce SAARC ‘dead’. Since then there have been other sections of Sri Lankan opinion that have joined the critics of SAARC and taken the solemn stance that SAARC has indeed died what may be called a natural death.
Their fatalism is understandable. SAARC has failed to meet at heads of government or state level for the past several years to take the SAARC process notably forward. Regional cooperation has more or less been only an appealing idea. No substantive concrete projects have taken off to make the idea a hard reality. ‘Inner paralysis’ seems to be SAARC’s lot. Hence the fatalism in these circles.
However, being one of the worst cash-strapped regions of the world and a teemingly populated one with people virtually left to their devices, what choices do the ‘SAARC Eight’ have other than to try their best to band together and continue with their cooperation efforts, however small they may be?
There is no escaping the mounting debt trap for many of these countries and bankrupt Sri Lanka is a glaring example, but ‘throwing in the towel’ and abandoning themselves entirely to the diktats of the strongest economies and their agencies will prove a ‘living death’ for many countries in the SAARC fold.
The gains may be meagre but giving-up on SAARC cooperation in full would prove self-defeating for the organization and South Asia. Right now, the collective intention ought to be to salvage what the region could from the tenuous cooperative efforts. Moreover, such initiatives could go some distance to generate a degree of goodwill among the Eight and help in sustaining a dialogue process.
Given this backdrop it proved ‘a stich in time’ for the Regional Centre for Strategic Studies (RCSS), Colombo, to recently host the SAARC Secretary General Ambassador Md. Golam Sarwar to a round table discussion on the unifying potential of SAARC and its future possibilities, besides other related issue areas.
Held on June 24th and moderated by RCSS Executive Director and former ambassador Ravinatha Aryasinha, the forum brought together a vibrant, wide ranging audience comprising academicians, diplomats, senior public servants, civil society activists and many others. Following the presentation by Ambassador Golam Sarwar titled, ‘Reigniting SAARC: Achievements, Challenges and the Way Ahead’, a lively Q&A followed.
The above forum could be described as an act of lighting the proverbial ‘candle’ rather than ‘cursing the darkness.’ It surely is a ‘darkness’ that could be seen as daunting considering that the region’s pivotal powers, India and Pakistan, are failing to act in a spirit of accord but are engaged in bitter finger-pointing on a number of questions of vital importance to SAARC.
On the other hand, what is the rest of the region doing to bring the above sides together? It is disappointing that to date the rest of SAARC has failed to launch a major diplomatic drive to bring peace between the feuding regional heavyweights. It needs to act without delay and establish its earnestness and this effort would need to prove SAARC’s staying power in the unfolding months and even years.
In assessing SAARC’s seeming failure local opinion in particular has failed to factor in what could be described as weak leadership. Since Sheikh Mujibur Rahman of Bangladesh, the founding father of SAARC, the region has failed to produce a visionary leader who could advance the SAARC cause with charisma and drive.
Among other reasons, weak leadership accounts considerably for the faltering and stuttering status, as it were, of SAARC. Badly needed are leaders who could go the extra mile, think less of narrow national interests and work diligently towards the collective well being of the region but SAARC’s millions of ordinary people have been made to wait in vain for leaders of such stature. Instead, they have been burdened with politicians who seem to be relishing the apparently moribund state of SAARC.
Looking back, it could be said that it was the dynamic leadership factor that led to the launching of the Non-Aligned Movement and for its sustenance for a few decades. True, it could be seen in some quarters that NAM is no more, but as in the case of SAARC, the former too has been unfortunate to be burdened over the years with politicians who lack the vision and drive to unflaggingly advance the fortunes of the South. NAM and SAARC lack the dynamism and vision of leaders of the stature of Jawaharlal Nehru, for example, to give them the required guidance and intellectual depth.
The reasons are complex for there not being among us currently political leaders with the vision and the steadfast commitment to advance the legitimate interests of the South. However, it could be stated with conviction that the majority of Southern leaders have too easily caved in to the demands of the global North and its financial agencies.
These leaders have failed to see, for instance, that the largely market economy oriented Northern governments would not view with favour a centrist economic model that attaches priority to the interests of the dis-empowered publics of the South. This realization ought to have dawned on the current government in Sri Lanka, for instance, some while ago but it has no choice but to abide by IMF dictates since economic survival at present is unthinkable without the latter’s succour.
Accordingly for SAARC this should be the time for some soul-searching. Priority needs to be attached to ending the feuding between India and Pakistan since at present the material fortunes of the region hinge largely on these regional giants giving peaceful relations among them a try. This is no easy challenge to meet but some daring, visionary diplomacy needs to take hold among the rest of SAARC.
There is some sense in SAARC bringing the peoples of the region together through programs that address their best collective interests. A meeting of minds among SAARC nations could enable SAARC and its agencies to build a region-wide people’s movement for progressive political and economic change that could in turn lead to the region’s political leaders sensitizing themselves more to the neglected needs of their publics.
However, the time is ‘now’ for the initiation of these progressive changes and the voice of SAARC well wishers would need to drown out those of their critics.
-
Features5 days agoPrison riots and politics: NPP’s biggest challenge and Sri Lanka’s biggest opportunity
-
Editorial6 days agoWhat’s the world coming to?
-
Features2 days agoDirty Money
-
Editorial5 days agoMuch ado about crime: Fish or cut bait
-
Features5 days agoMore on Saudi Arabia: ARAMCO and beyond
-
Latest News3 days agoOil prices hit 1-month high as US-Iran attacks dim Strait of Hormuz outlook
-
Midweek Review2 days agoThe sordid tale of theft and tragedy at Finance Ministry
-
Features4 days agoDeepening Democracy – Constitutions and Constitutionalism


