News
MCC inconsistent with Constitution
AG agrees with Prof. Gunaruwan report
By Shamindra Ferdinando
Attorney General Dappula de Livera, PC, has informed President Gotabaya Rajapaksa that the Millennium Challenge Corporation (MCC) Compact, Project Implementation Agreement, as well as Articles of Association of MCA (Millennium Challenge Act), Sri Lanka, are violative of cerain provisions of the Constitution.
The AG has said so in a 20-page report sent to Dr. P.B. Jayasundera, Secretary to the President.
The President’s Office on Sept. 3, 2020, sought the AG’s opinion on the MCC Compact and related matters in the wake of the Cabinet-appointed Prof. Gunaruwan Committee strongly advising against going ahead with the US initiative. The US sought Sri Lanka’s consent for the Acquisition and Cross Servicing Agreement (ACSA), Status of Forces Agreement (SOFA) and MCC. The previous government finalised ACSA in early August 2017.
Dr. Jayasundera made available the Gunaruwan report to the AG.
The outgoing US administration in Dec 2020 announced Sri Lanka had been left out of the MCC project.
AG’s Coordinating Officer State Counsel Nishara Jayaratne confirmed the MCC et al were inconsistent with the Constitution and other laws.
The Island,
however, learns that the AG’s Department on two previous occasions, in letters dated Oct 10, 2018 and June 10, 2019, addressed to Jonathan G. Nash, Chief Operating Officer, MCC, and Director General, External Resources Department, respectively, asserted that the Compact and the Programme Implementation Agreement (PIA) were in line with the Sri Lankan law.
The first letter was sent during Jayantha Jayasuriya’s tenure as the AG and the second under incumbent AG without his approval, sources said. Dappula de Livera succeeded Jayasuriya in April 2019 about a week after the April 21 Easter Sunday carnage. Jayasuriya is the incumbent Chief Justice.
Prof. Gunaruwan’s Committee soon after the last presidential election in Nov 2019 failed to obtain the AG’s Department opinion in spite of making representations through the Prime Minister’s Office.
In the run-up to 2019 parliamentary election, then Finance Minister Mangala Samaraweera said the Attorney General had approved the US project though the Sri Lanka Podujana Peramuna (SLPP) called it a sell-out.
The following is the text of the letter dated Oct 10, 2018 captioned ‘Legal Status of Proposed MCC Compact signed by Sanjay Rajaratnam, PC, Senior Additional Solicitor General, addressed to Jonathan G. Nash, Chief Operating Officer, MCC:
“I refer to your communication dated 27th September, 2018 in respect of the above captioned matter. In this regard, I am made to understand that the delegation from the Government of Sri Lanka was able to have fruitful discussion with the Millennium Challenge Corporation Team in resolving some of the outstanding issues.
“Having gleaned through the proposed Millennium Challenge Compact, the draft Program Implementation Agreement (PIA) as well as the Points of Discussion (without prejudice) between the negotiating parties which has been made available to me, I wish to at the very outset opine that no existing laws of Sri Lanka inhibit the Compact and the PIA being implemented in Sri Lanka. If I may elucidate further, the covenants of the Compact and the PIA do not infringe any existing domestic law or any previous undertakings given by the Government of Sri Lanka. It is acknowledged that the Compact imposes legal obligations on both parties to the Agreement
“Further, consequent to the negotiations and discussions had between parties, it is proposed that the Government of Sri Lanka would seek the passage of a law in Parliament to establish the MCA- Sri Lanka as a non-profit Company limited by guarantee under the Companies Act No.07 of 2007 to implement the provisions of the Compact. It is envisaged that the proposed enactment would encompass the Compact and the PIA as Annexures, which would form an integral part of this enactment.
“Thus, I am of the view that the passage of the said enactment by Parliament would result in the Compact and the PIA, having the parity of status of a domestic law in Sri Lanka.
“In the Context of the above, it is requisite that Section 7.1 of Article 7 of the Compact referring to the provisions on Entry Into Force, would be revised with the deletion of the sentence pertaining to the Compact prevailing over the domestic laws of Sri Lanka.
“However, in order to assuage any concerns with regard to the implementation of the Compact, by an unlikely event of a legislation in the future which may impinge or infringe the said compact, upon notification by the Ministry of Finance and Mass Media (the relevant Ministry) of this fact, a legal opinion would be tendered that the proposed legislation if proceeded with would violate the covenants of the Compact. This would enable the relevant Ministry to forward its observations to the Cabinet of Ministers and Parliament, that the Attorney-General has opined that the proposed Bill if enacted would violate the Compact.
“In the circumstances, I believe that the aforementioned matters would confirm the legal status of the Compact and its entry into force.”
“Copies were sent to Ms. Caroline Nguyen, Managing Director- Europe, Asia Pacific and Latin America Millennium Challenge Corporation and J. Charitha Ratwatte, Head of Policy Development and Chief of Party MCC- Sri Lanka Project.”
News
New education reforms for grade one officially launched
Minister of Education, Higher Education and Vocational Education, Prime Minister Dr. Harini Amarasuriya stated that the new education reforms lay the essential foundation for nurturing a future generation enriched by values and compassion, and that the Government has undertaken the responsibility of providing every child with a quality education in a prosperous country.
The Prime Minister made these remarks while addressing the national programme to implement the new education reforms for Grade One in 2026, held on Thursday (29) at the WP/ Jaya / Gunasekara Primary School in Athurugiriya.
On this occasion, the Prime Minister planted a sapling together with students on the school premises and inspected the modernized Grade One classrooms developed under the new education reforms, engaging in friendly conversation with the students.
In parallel with the implementation of the new education reforms, and to symbolically mark the admission of students to Grade One across the island, the Prime Minister entered students’ names into the school admission register at the Gunasekara Primary School, Athurugiriya. Subsequently, school uniforms and text books were distributed to the students.
Prime Minister Dr. Harini Amarasuriya further stated:
Reducing the weight of school bags and creating a pressure-free learning environment so that children come to school with joy is a remarkable feature of these new education reforms. We are committed to turning the ’Dream School’ concept, which is aimed at creating a pleasant school environment into a reality. Further, plans are currently being underway to implement the education reforms that could not be implemented for Grade Six students in 2026 in the future.
Under the new reforms, building a foundation for Science, Technology, Engineering and Mathematics (STEM), engaging in environment-related activities based on scientific principles, and strengthening the teaching of English and the second language form the core of primary education. For decades, the country followed a competitive education model limited largely to textbook-based knowledge. As this system has contributed to children becoming disengaged from education, the Prime Minister emphasized that it is the Government’s responsibility to ensure every child’s right to education.
The Government is working to establish a student-centred education system instead of a teacher-centred one. Accordingly, this education reform can be described not merely as a curriculum change, but as a transformational change across the entire education system.
Within this transformative process, special attention has been given to protecting children’s mental freedom, with the primary objective of nurturing balanced future citizens. Plans have also been developed through these reforms to safeguard the professionalism of teachers and to further enhance their capacities.
We will never allow a child’s education to be determined by their parents’ financial capacity. We confidently declare that, as a Government, we have undertaken the responsibility of safeguarding your child’s future.
The event was graced by the presence of members of the Maha Sangha and leaders of all religions, and attended by the Deputy Minister of Education and Higher Education Dr. Madhura Senevirathna, Deputy Minister of Vocational Education Nalin Hewage, Deputy Minister of Mass Media Dr. Kaushalya Ariyarathne, Member of Parliament Asitha Niroshan, Mayor of Kaduwela Ranjan Jayalal, Secretary to the Ministry Nalaka Kaluwewa, Principal of Athurugiriya Gunasekara Primary School Nadika Dharmadasa, along with other officials and parents.
[Prime Minister’s Media Division]
News
Teacher unions cry foul over muddled educational reforms
Flawed, poorly planned and rushed education reforms could widen inequalities between urban and rural schools, teachers’ unions warned yesterday, criticising the government’s newly launched education reform programme, despite its formal inauguration earlier in the day.
Union leaders said essential resources needed to implement the reforms, including teachers’ guides, have yet to be issued, raising serious concerns over how educators are expected to deliver lessons under the new framework.
They urged the government and the Education Minister to suspend the rapid rollout of the reforms and undertake proper planning and consultations before implementing them nationwide.
Ceylon Teachers’ Union (CTU) Secretary, Joseph Stalin, addressing a press conference in Colombo on Thursday, cautioned that the reforms risk deepening existing disparities between urban and rural schools.
He drew attention to the new Grade 01 textbook, which reportedly includes 42 QR codes aimed at supporting digital learning. Stalin questioned the practicality of this approach for rural schools, where access to the internet and digital devices remains limited or non-existent.
“How are children in rural schools expected to access these facilities when internet connectivity and digital devices are either unavailable or very poor?” he asked.
Stalin also raised concerns over the absence of a clear long-term vision behind the reforms, stating that even policymakers have failed to clearly articulate the academic or developmental outcomes students are expected to achieve by the time they complete Grade 13.
Teacher preparedness was another major concern, he said, noting that educators assigned to teach under the new system have received training only for the first school term, while key instructional materials remain incomplete.
“Teachers do not even have a proper printed teachers’ guide,” Stalin said, adding that the guide is currently available only online, making it further disadvantageous to schools with weak digital infrastructure.The unions warned that proceeding with the reforms under such conditions could undermine the quality of education and place both teachers and students at a disadvantage.
News
Johnston, two sons and others further remanded for alleged misuse of Sathosa lorry
Former Minister Johnston Fernando, his two sons and two others were further remanded until 13 February by the Wattala Magistrate’s Court yesterday.The group was arrested by the Police Financial Crimes Investigation Division (FCID) over allegations of misusing a Sathosa lorry during Fernando’s tenure as Minister of Cooperative and Internal Trade.
It is alleged that the vehicle was used for operations linked to an ethanol company reportedly owned by Fernando, resulting in an estimated loss of Rs. 2.5 million to the state.
Fernando was arrested on 05 January. Earlier, on 09 January, a bail request was denied, and the suspects were ordered to remain in remand custody.
The investigation also led to the 30 December arrest of Fernando’s son, Johan Fernando, in Kurunegala. Former Sathosa Transport Manager Indika Ratnamalala was also taken into custody, accused of preparing forged documents related to the case.
-
Business5 days agoComBank, UnionPay launch SplendorPlus Card for travelers to China
-
Business6 days agoComBank advances ForwardTogether agenda with event on sustainable business transformation
-
Business2 days agoClimate risks, poverty, and recovery financing in focus at CEPA policy panel
-
Opinion6 days agoConference “Microfinance and Credit Regulatory Authority Bill: Neither Here, Nor There”
-
Opinion1 day agoSri Lanka, the Stars,and statesmen
-
Opinion5 days agoLuck knocks at your door every day
-
News6 days agoRising climate risks and poverty in focus at CEPA policy panel tomorrow at Open University
-
Business2 days agoBourse positively impacted by CBSL policy rate stance
