News
LG polls: SLPP rebels ask EC to set process in motion forthwith
question delay in seeking required funding
By Shamindra Ferdinando
Prof. G.L.Peiris yesterday (03) said that if Local Government polls were to be held by March 20, 2023 as scheduled, the Election Commission (EC) should take tangible measures to set the process in motion.The former Foreign Minister Prof. Peiris said that the EC should ask for required funds from the government and make the necessary administrative appointments to prepare the groundwork.
However, the EC was yet to request for the necessary funding, the SLPP Chairman and National List MP told the media at the Nawala office of Nidahas Janatha Sabhawa comprising over a dozen rebel government members.Prof. Peiris said that his group had received an assurance from the EC about two weeks back that it would take steps to conduct LG polls by March 20, 2023. Appreciating the assurance given by Chairman of the EC Attorney-at-Law Nimal Punchihewa, Prof. Peiris said that as far as he was aware the EC was yet to ask for required funding.
Referring to the recent proposals made by Justice Minister Dr. Wijeyadasa Rajapakse, PC, to Speaker Mahinda Yapa Abeywardena for the appointment of a Parliamentary Select Committee (PSC) for electoral reforms, including at the level of LG, Prof. Peiris alleged that it was nothing but a ruse to put off the polls.The academic asked how the ruling party could even consider such a proposal against the backdrop of a comprehensive set of proposals made by a PSC headed by none other than the current Prime Minister Dinesh Gunawardena, leader of the Mahajana Eksath Peramuna (MEP).
Prof. Peiris pointed out that Dinesh Gunawardena’s committee produced the report that was handed over to the government about four years ago after nearly eight years of deliberations. The former minister said that the government should be ashamed of its efforts to further put off the scheduled elections at a time even the International Monetary Fund (IMF) questioned the legitimacy of the government.
At the onset of the briefing, the National List MP explained how the government, now engaged in talks with the IMF could benefit by conducting the scheduled polls regardless of the outcome. Prof. Peiris stressed that the responsibility on the part of the government to secure legitimacy if it was keen to finalise the agreement on USD 2.9 bn loan facility by end of this year. The postponement of LG polls against the backdrop of the indefinite delay in Provincial Council polls wouldn’t be acceptable to the IMF, he asserted.
Prof. Peiris maintained that the government was so unpopular it couldn’t win even 20 percent of the votes cast at the next election.The ex-minister said that political parties and groups in the Opposition recently reached an understanding as regards counter measures against government bid to put off LG polls. “We’ll move the Supreme Court if the government sought to further postpone scheduled elections,” Prof. Peiris said.
Referring to several Supreme Court decisions given over the years in respect of matters concerning elections, Prof. Peiris stressed that one particular ruling stressed the responsibility on the part of the government to provide required funding. Another ruling underscored that LG polls couldn’t be put off unless approved by the electorate at a referendum.The rebel leader said that the Opposition wouldn’t accept under any circumstances the change of the composition of the EC comprising five persons.
Responding to a spate of questions regarding Wednesday’s protest in Colombo called by an Opposition political grouping, Prof. Peiris said that the rebel SLPP group backed that initiative. The genuine Opposition backed such protests meant to pressure the government to stop arrests in terms of the draconian Prevention of Terrorism Act (PTA), the former minister 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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