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Proposed Anti-Terrorism Bill: Real tiger, paper tiger or mixed bag

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By Nuwan Peiris

The writer is an Attorney, Chartered Shipbroker (UK) and UN-ITLOS Nippon Fellow 2012/2013. He holds M.Sc. Logistics (BCU-UK), LL.M (International Maritime Law) (IMO-IMLI), LL. M (International Trade Law) (Wales), LL.B (O.U.S.L).

“No generalization is wholly true – not even this one.” – Justice Oliver Wendell Holmes

The recent Anti-Terrorism Bill (ATA) has garnered more attention than one could ever imagine for a law. Emotional and sweeping generalizations are made by all and sundry on the proposed ATA. Even the recently enacted 21st Amendment did not receive so much attention from the public. Why is it that a law like the proposed ATA receives so much attention? There seems to be a legitimate fear that the proposed ATA may be no different to the existing law, namely PTA (Prevention of Terrorism Act), if not worse.

But what is the reality? Who drafted this proposed ATA? From the skilled draftsmanship associated with the proposed ATA, the draft law requires an in-depth analysis for a proper understanding unlike some of the recently introduced laws by the government.

Weaker than UK Law – Why?

In essence, the proposed ATA seems to be a strategically diluted version of the UK’s Anti-Terrorism Act 2000 – incorporating the amendments that were introduced by the UK after the London bombing. Worse still, proposed ATA is inconsequential in its effect when it comes to combating global terrorism as far as some of the fundamental provisions are concerned; in other words, a feeble draft law compared to the Patriot Act of the USA which became law after the 9/11 attacks. However, the proposed ATA may be an abusive weapon as far its enforcement orders are concerned, such as the Miscellaneous Orders contained in Part X. In short, the proposed ATA is a mixed bag. For example, most of the protestors’ dissent to the proposed law gyrates on these abusive enforcement orders.

How does a draft law like this instant one finds its way, from nowhere, to the official gazette without much public discussion? The purpose of this very brief write-up is to urge the Government in power and the opposition parties to prevent the proposed ATA being tabled in the Parliament, instead to appoint a Select Committee in the Parliament comprising of varied interests so that the matter can be reconsidered and better reforms of the ATA can be effected with consensus.

And the important point to consider by this proposed Select Committee in the Parliament is to introduce an ATA to tackle global terrorism effectively, and promulgate a law that is in line with the Anti-Terrorism Act 2000 of the UK (as amended), and better still the Patriot Act of USA – and be mindful not to introduce a version that is weaker than the UK law. Hence, the President, the Prime Minister, and the Justice Minister should be advised to set-up a Select Committee in the Parliament, so that the proposed ATA can be changed to become an acceptable legal instrument in combating global terrorism, and avoid becoming a law which is far weaker than the UK law on terrorism.

If the proposed ATA becomes law, this law may not have the same effectiveness in combating global terrorism especially given the weak substantive provisions in clauses 2 and 3, coupled with arbitrary procedural provisions that may lead to abuse in implementation. Such a proposed ATA will serve neither the purpose of combating global terrorism nor ensuring procedural fairness to the ones who are caught up as suspects. A middle of nowhere legislation, although drafted well disguised, may not serve Sri Lanka well, noting that further legislation similar to Bio-Security Act 2015 from Australia is needed to combat biological and chemical attacks. What is needed is to have extensive deliberations in a fresh Parliamentary Select Committee, where all of us can share and contribute with our experience to the formulation of a far-sighted ATA.

Why is ATA weaker than UK and USA laws?

There are two fundamental provisions in the proposed ATA – clauses 2 and 3. Clause 2 deals with jurisdiction and clause 3 deals with the offence of terrorism.This is the typical structure of an ATA law in many countries, and drafts men followed the universal structure – and we see nothing wrong in this. Here, Clause 2 becomes the international jurisdiction base for the implementation of the proposed ATA.

Clause 3 contains the offence of terrorism that becomes the basis on which other offences and provisions are built upon. Clause 3 is the mother provision, and the rest of the offences are the offspring of Clause 3 – which is typical of any ATA in the world including the UK.

Clause 2 – the clause on jurisdiction – becomes the basis for enforcement powers mentioned in the Part X of proposed ATA. Whilst the enforcement powers in the Miscellaneous Part – that comprises of Proscription Orders, Prohibition Orders, Restriction Orders etc., which is less judicially accountable – are wide and arbitrary when applied within Sri Lanka; on the contrary, its overall reach and enforcement of such Orders in the context of global terrorism is ‘fragile’ given the limitations in Clause 2.

Both Clauses 2 and 3 are the foundational structure of the proposed ATA, and the enforcement provisions contained in the rest of the ATA, including Part X forms the superstructure. Let us examine each of these aspects.

Clause 2 – Jurisdiction 

There is extra-territorial application of the proposed ATA. This is a salient feature, and this is far better drafted than the ill-fated, and now demised, Counter-Terrorism Bill that was presented in 2018.

An extract of Clause 2 is as follows;

“2. (1) The provisions of this Act shall apply to any person who commits an offence under this Act, whether within or outside the territorial limits of Sri Lanka, including- …”

First limb of Clause 2(1) ends with the word ‘including’ – but given the subsequent sub-clauses it is unclear whether such sub-clauses are in fact have limiting effects on the wide scope of the first operative limb – namely, “[the] provisions of this Act shall apply to any person who commits an offence under this Act, whether within or outside the territorial limits of Sri Lanka.” It is preferable that the word, ‘including’ is replaced by the words ‘including, but not limited to -’.

Overall, it is unclear whether Sri Lanka has jurisdiction over a purely international crime of terrorism committed in violation of clause 3 of the proposed ATA. Say, if an African terrorist group (which is not proscribed as per clause 82 of the ATA) launches a pirate attack on a foreign flagged vessel in the Indian high seas, and one of the members of said terror group ends up on the shores of Sri Lanka, it is unclear whether such terrorist can be investigated and prosecuted in Sri Lanka. The entire commission of the act is in the high seas, and the said terror group is unknown to Sri Lanka, yet ends up in Sri Lanka. In this example, the ambit of the applicability of clause 2 remains questionable to exercise jurisdiction by Sri Lanka.

Or else, if assistance is sought from our State, and the government dispatches a naval convoy to help the distressed vessel, and having offered assistance in the high seas, and the crew and the vessel is brought to Sri Lanka for medical treatment, can the Sri Lankan authority initiate investigations on this matter that occurred exclusively in the High seas? The legal regime of the high seas is contained in Part VII of the United Nations Convention on the Law of the Sea 1982, and the high seas are beyond the jurisdiction of any national jurisdiction of any State. Although, clause 2(c) seems to be broad enough to cover such foreign citizens by the use of words ‘any person’, clause 2(d) seems to limit the applicability of clause 2(c). Whether this is specifically brought to the attention of the government and MPs are uncertain. Also noteworthy is the uncertainty pervading the inclusive nature of clause 2(1) by the use of the words ‘including’ at the early stages, as noted by me earlier. All this, compounds the uncertainty to the jurisdictional ambit of the applicability of the proposed ATA. Therefore, there is a need to revisit the jurisdictional ambit of clause 2.

Similarly, there are many drawbacks in clause 2, and the application of the said jurisdictional clause must be considered in the light of the public international law and its bases on international jurisdiction, and how much of such international State rights that should be contained in a proposed ATA in line with similar legislation like Patriot Act of the USA or Anti-Terrorism Act 2000 of the UK. Curtailing such international rights that legitimately belong to Sri Lanka without a rational policy basis is not acceptable. Hence the proposed ATA should be reconsidered for the want of workable jurisdiction. The writer is fully aware of the criticisms on the counter terrorism laws of the UK and USA. Whether Sri Lanka wishes to retract from UK’s/USA’s positions need to be objectively decided by the policy makers with wider consultation.

Another example of a defect in clause 2 is that sub-clause (d) says, that a person who had been a citizen of Sri Lanka commits the offence of terrorism within the territory of the Republic of Sri Lanka, say today, but found out later; and he subsequently shifts his habitual residence from Sri Lanka; for the provisions of the proposed ATA to be applied the concurrence of the foreign State of which he is a citizen is required. The problem continues further. Also, what if that foreign citizen later visits Sri Lanka, or he is intercepted by a Sri Lankan naval operation in the high seas and brought to the shores of Sri Lanka; does Sri Lanka have the jurisdiction to prosecute this person – although such foreign citizen now does not have any habitual residence in Sri Lanka? It is questionable whether clause 2 covers such a situation. That means, clause 2(c) seems to be broad enough to cover such foreign citizens by the use of the words ‘any person’, but clause 2(d) seems to limit the applicability of clause 2(c).

There are so many defects in clause 2. But the scope and the space of this write-up does not allow me to expand. There is provision for extra-territorial jurisdiction in the UK’s Terrorism Act 2000 for terrorist financing and terrorist bombing offences in line with the UN Convention for the Suppression of Terrorist bombings and the UN Convention for the Suppression of the Financing of Terrorism. The appeal to the government is to reconsider the proposed ATA.

Clause 3 – The Offence of Terrorism

The offence of terrorism under clause 3 forms the basis for a number of criminal offenses; and triggers the application of many provisions including the encouragement of terrorism, and wide-ranging powers, like the designation and proscription of terrorist organizations; and other enforcement powers and orders.

Similarly, the Terrorism Act 2000 of the UK, includes acts of terrorism committed both in and outside of the UK, as the use or threat of one or more of the actions listed in the section, and under the Act, terrorism is currently defined as “the use or threat [of action] designed to “influence” the government or to intimidate the public or a section of the public, and the use or threat is made for the purposes of advancing a political, religious or ideological cause. (Vide, Section 1(1) of the Terrorism Act 2000 of the UK.)

Lord Carlile’s report on “The Definition of Terrorism,” March 2007, reviewed the scope of the definition of the Anti terrorism Act of the UK and stated that the UK definition is “consistent with international comparators and treaties, and is useful and broadly fit for purpose”. In his report, Lord Carlile recommended amending the language so that only actions or the threat of action designed “to intimidate” the government, instead of the much broader word “influence”, fall within the definition.

The present the section 1(1) of the UK reads as follows;

In this Act “terrorism” means the use or threat of action where—

(a)the action falls within subsection (2),

(b)the use or threat is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, and

(c)the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.

The words such as “influence” can be considered much wider than the word “wrongfully” that is mentioned in clause 3(1) of our proposed ATA.

Further, the UK Act in section 4(1) contains broad definitions. For e.g. the reference to any person or to property is a reference to any person, or to property, wherever situated, and a reference to the public includes a reference to the public of any country, and “the government” means the government of the United Kingdom, of a Part of the United Kingdom or of a country other than the United Kingdom. However such effective and broad definitions do not exist in our proposed ATA.

Further, Section 38B(1) and (2) of the Terrorism Act 2000 of the UK says that it is an offence if one does not inform the police if he believes that someone he knows is in preparation of acts of terrorism. The maximum sentence in respect of Section 38B of the Act is for a term not exceeding five years’ imprisonment, although it is a defence to prove that he had a reasonable excuse for not making the disclosure.

It is also observed that the intention is expressly required as the mental element of the crime in clause 3, whereas the word ‘knowledge’ would be preferable given the complexity involved in the crime. However, section 1 of the UK Anti-terrorism Act seems to require no overburden of such intention or knowledge to the extent of proposed ATA.

The frequently cited leading case on strict liability and the presumption of ‘mens rea’ is Sweet v Parsley [1970] AC 132. But the recent case supreme court judgment of PWR (AP) (Appellant) v Director of Public Prosecutions (Respondent) [2022] UKSC 2 held that such presumption is rebutted for the offence contained in section 13. All this shows how broadly the UK s Anti-Terrorism Act is applied, which is a clear lesson for us.

It is in this context that our proposed ATA should be reviewed as to its narrowness in combating global terrorism, and abusive in enforcing miscellaneous orders on the contrary.

The General Fears about Proposed ATA

There is an overwhelming agitation that the proposed ATA will turn out to be draconian law – just as bad as the existing PTA, if not worse. Fears have been galvanised to such an extent that many opposition parties and activists have decided to challenge the proposed ATA in the Supreme Court.

A common question they ask is whether any trade union activists or media activists that protest in public or air their voice against the government be dealt with under the proposed ATA. Such possibilities are rare given the highly structured nature of the mother clause 3 and her associated offspring provisions. The threshold tests that are needed to graduate an act to one of terrorism that gets caught in clause 3 or its associated provisions is placed at a high level, and it is very unlikely that mere protests would classify as an act of terrorism. Many, if not all the offences are directly connected to clause 3, as noted above. It is very unlikely that a final conviction from a court of law will victimize a group of mere protesters or a group of media activists engaged in criticising the government. If such be the case, the UK’s Anti-Terrorism Act 2000 would have led to far greater concerns, since, as I indicated above, the proposed ATA law in Sri Lanka is much narrower than that of the UK’s 2000 Act.

However, it needs to be observed that enforcement/miscellaneous powers that are widely couched in Part X can nevertheless be abused in the short term, and innocent people may be apprehended as suspects. Therefore a group of protesters or media activists can be harassed in the short run given the weaknesses in the enforcement procedures. Hence, it is the enforcement powers and procedures that need a revamp for the want of a greater judicial scrutiny.

One more point on Part X – miscellaneous powers in the proposed ATA. Take a look at the Anti-Terrorism Act 2000 of the UK. There is far greater judicial accountability in the UK regime, for eg., detailed de-proscription procedures in the UK law compared to the proposed ATA etc. global terror networks are complex and dangerous.

Take this example. Assume that a terror group takes an LNG carrier and her crew as hostage in the outer harbour of Colombo Port, where the sabotaging of this carrier would cause enormous destruction similar to the explosion of a nuclear bomb. The hostage situation goes on for 10 days in outer harbor. Fortunately, in the early hours of the hostage crisis Sri Lanka arrests a suspect in the Port connected to the hostage crisis. It is not advisable to bring in a human rights oversight body to question the well being of the suspect taken to custody in the first few days, since the hostage crisis is ongoing and the counter-terrorism operations are still going on. And the arrested suspect may be needed for hostage negotiation and other counter-terrorism measures. It is best advised that the proposed ATA is revisited given the serious lacuna it has with regard to the weaknesses even on the procedural provisions in addressing organized global terror networks.

The writer is aware of the statements so far issued by the International Commission of Jurists (ICJ) and Center for Policy Alternatives (CPA). It is noted that all these observations are primarily, if not exclusively, centred on the required procedural due process in the enforcement powers, rather than on the restrictive nature of clauses such as 2 and 3. The concerns such as lack of a proper definition of terrorism, ‘glorification’ being made an offence after the London bombing, and other substantive due process concerns etc., nevertheless exist in the UK/USA Laws, and there is no necessity for Sri Lanka to deviate from these advanced foreign legal regimes without broader expert consultation, and if a deviation from the UK/USA laws are warranted such policy must be carefully considered.

Finally – A call for a fresh Parliamentary Select Committee, a call to calm down for the public and a plea for the government to delay the proposed law:

The overabundance of criticisms from the trade unions, professional bodies, religious bodies and the NGOs need to be tempered with wiser counsel in the interest of the country. The government should also be mindful to restrain itself from introducing sweeping powers for procedural enforcement which have less judicial scrutiny. This write-up once again reiterates its clarion call to halt this legislation being pushed so hurriedly through the legislative deliberation process. We call upon all the professional/religious bodies, trade unions, NGOs and the political parties to request the powers that be to have a Parliamentary Select Committee so that an objectively drafted ATA can be finalised to one which the government and the citizens in this country want and can agree.

(The writer is an Attorney, Chartered Shipbroker (UK) and UN-ITLOS Nippon Fellow 2012/2013. He holds M.Sc. Logistics (BCU-UK), LL.M (International Maritime Law) (IMO-IMLI), LL. M (International Trade Law) (Wales), LL.B (O.U.S.L).



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Features

Mayors of Working Class Manchester and Melting Pot New York pose new challenges to Regressive Populism in Britain and America

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Way back in 1844, Friedrich Engels, a wealthy school dropout from Germany, wrote the first of his many books, “The Condition of the Working Class in England in 1844.” He was 24. The book soon became a classic on nascent urbanism and an intimate account of the making of the industrial working class. The setting and the location for both was Manchester, the burgeoning 19th century Lancashire town, which Engels called “the most important” and “the most sensational” city in England, after London. He went on to describe it as “the principal site of … the Industrial Revolution … the ur-scene, concentrated specimen and paradigm of what such a revolution was portending both for good and bad.”

Now nearly 200 years later and 10 years after Brexit, not to mention the splendid rise and the stately fall of a whole empire in between, a man from Manchester is going to London to see the King and become Britain’s next Prime Minister. Its seventh in a decade and fourth in five years. The national mood seems ready both for good and bad. There is no other choice.

Andrew Murray (Andy) Burnham, the popular Mayor of Greater Manchester will soon replace the beleaguered Sir Keir Starmer whose premiership finally unraveled over the last weekend leading to the Monday morning resignation. Sir Kier left with genuine grace, great pathos and total disbelief in the rapid fall from high promises to hopeless frustration. It was also quite different from the end games of Starmer’s five predecessors, all of them Tories.

James Cameron, who started the procession in 2016 by calling a boneheaded referendum on Brexit, left in a mighty hurry no sooner than his gamble had backfired. His successor Teresa May thought she could reconcile the Brexit blunder and the British reality but failed and left. Boris Johnson came as a clown and left as a clown but only after being the wrecking villain of pre-Brexit Britain. Liz Truss, out of depth and out of sync, lasted little over a month. Rishi Sunak had all the depth he needed to succeed as a fiscally conservative PM, but he had no chance of winning an election after Johnson’s antics as Prime Minister. Inadvertently, as well, Sunak became the convenient immigrant prototype to lead Britain’s grand old party with its white elders fleeing formal politics and its rank and file flocking to the anti-immigrant Reform UK Party.

It is the rise of Reform UK and the thrashing it gave to both Labour and Conservatives in this year’s local elections that hastened the collapse of the Starmer government and Starmer’s exit as Prime Minister. There were other factors too, both personal and political, which contributed to Starmer’s rapid and ultimate failure. His new successor Andy Burnham is a different political persona even though there will likely be not much difference in the policies of the two men. The great British hope now is that Burnham’s personality and Mayoral record in Manchester would help him stem the Reform tide in the country and reverse its current momentum. Time will tell.

Keir Starmer: Rapid Rise and Sudden Fall

In the election that Prime Minister Sunak called in 2024, Starmer led the Labour Party to a seemingly landslide victory, but that was also hugely lopsided. Labour won 411 out of 650 (63%) seats in the House of Commons, but it managed only 34% of the popular vote. “Loveless landslide” was the verdict of the pundits, but the tenuousness of the victory was lost in the euphoria of Labour returning to power after 14 years in opposition wilderness. Prime Minister Starmer and the whole government started on the wrong political foot on every government initiative and even announcements.

The worst of them was to limit Winter Fuel Payment benefit that helped millions of households in England and Wales. The irony of it is that this payment was perhaps the first benefit measure of the Labour government under Tony Blair in 1997. It was the brainchild of then Chancellor Gordon Brown who introduced it as a universal benefit for pensioners. Tory governments after 2010 were critical of the universality of the program but would not cancel or scale back what had become a popular program. Starmer as Prime Minister dared to go where Tories wouldn’t and the backlash was swift and became the start of the government’s slide even before it had found its footing.

Although acknowledged for his skills and strengths in policy, Starmer turned out to be an ineffectual and bumbling politician. Surprisingly so for someone who was an accomplished barrister and a highly successful prosecutor with interest in human rights. As a prominent Member of UK’s Haldane Society of Socialist Lawyers, Starmer had extended his professional tentacles to the Soviet Union before its collapse, to South Africa after apartheid, to Northern Ireland, as well as European and Caribbean countries. All of this has come to nought at 10 Downing Street.

Despite his failure as Prime Minister, Starmer was not new to politics or the Labour Party. Like most Labour politicians, Starmer’s political roots also go back to his parents who were both working class Labour supporters. Starmer himself became a young Labour activist as a teenager and a member of the university Labour Clubs at Leeds and at Oxford. He was even associated with one of the Trotskyite tendencies, the Pabloites, in the Labour Party. His entry into parliamentary politics came late, becoming an MP in in 2015 at the age of 53, a year before Brexit, and became leader of the Labour Party in his first attempt following Labour’s defeat in the 2019 election and the resignation of Jeremy Corbyn.

The trajectory of Andy Burnham, the next Prime Minister, has been a different one within the Labour Party. Born in Manchester, in 1970, and eight years younger to Starmer, Burnham made an early start in parliament. He was young at 30 when he was first elected in the 2001 general election that started Tony Blair’s second term as PM. Burnham made his mark as an MP, held several junior minister positions under Blair, and joined the full cabinet under Gordon Brown. Ideologically, Burnham was to the left of Blair and closer to Gordon Brown, the socialist from Glasgow. After the Labour defeat in 2010, Burnham ran for the party leadership twice, in 2010 and again in 2015, and lost both, first finishing fourth to Ed Miliband and later finishing second to Jeremy Corbyn. In the 2020 leadership race that Starmer won, he was supported by Burnham who by then had become Mayor of Manchester.

Mayor Burnham as Prime Minister

Burnham had left Westminster in 2017 for local politics, contested the Greater Manchester mayoral election, and was elected Mayor garnering 63% of the vote and winning majorities in all ten of the regional boroughs. He has since been re-elected twice as Mayor with the same popular vote. During Covid-19, Burnham provided an alternative local leadership to fighting the pandemic that was quite the contrast to the blunders at the national level under Boris Johnson.

With the unpopularity of the Starmer government, the blowup from the Epstein scandal, and the local elections debacle, there was pressure within the Labour Party for Mayor Burnham to return to Westminster and challenge Starmer for the leadership. After months of bureaucratic party infighting, a by-election path was found for Burnham to become an MP and be eligible as a leadership candidate.

On June 18, Burnham won the by-election as a Labour candidate in Makerfield, a riding in the Greater Manchester Area where a vacancy had been created by the resignation of the incumbent Labour MP. Burnham won impressively with a 54.8% vote, upending Reform UK’s gains in the local elections. He won a plurality of votes from all the main parties – Conservative, Lib-Dem and Green – with all their candidates losing their deposits. He ran on his record of achievements as Mayor – in public housing, public transport, public inquires into child sexual exploitation and facilitating universal access to university education.

Already as an MP and Minister, Burnham had gained national prominence – promoting a National Care Service paralleling the National Health Service, and for making a statement in parliament condemning the cover-up of police abuse and suggesting that the cover up had been “advanced in the committee rooms of this House and in the press rooms of 10 Downing Street.” Those who are supporting Burnham now are obviously hoping that he would be able to reignite the old Labour flame that went dead under Starmer. This was unfortunate because Starmer had already moved the government to the left on many policy fronts, including re-nationalization of sectors that had failed under privatization.

Andy Burnham is not the first City Mayor to become British Prime Minister. There have been two rather unsettling predecessors. First was Neville Chamberlain who was the Mayor of Birmingham during World War I, before he became Prime Minister at the start of World War II. Most recently, Boris Johnson served two terms (2008-2016) as the Mayor of London before becoming Prime Minister. Andy Burnham should know Britain’s Mayoral history well, but he will also know that he is cut from a different political cloth and that he is entering Downing Street in a different era facing different challenges.

One of the areas where Burnham’s predecessor slipped up and never recovered was in dealing with Donald Trump and his mercurial ways. The more hopeful among British commentators have been citing from one of Burnham’s campaign speeches during the Makerfield by election: “This is a final chance to change. This is what people said directly to me on the hundreds of doorsteps that I stood on. We must hear it, we must act upon it and we must get it right. There will be no second chance. But there is a chance now from this result tonight to build a new politics based on unity and hope. Turning away from the path that takes us to a divided, dark politics of the kind we see in the United States.” The battle might be on, to put it mildly.

Mamdani’s New York Magic

Unlike in Britain, there is no national mood as such in the US. Instead, there are many moods across the nation with the pushes and pulls between them shaping the course of politics in this midterm election year. In one of those moods in New York, Mayor Mamdani has pulled off a stunning sweep within the Democratic Party in the primary nomination contests to elect party candidates for New York’s Congressional Districts in the November election. Mamdani endorsed three candidates, all of them members of the Democratic Socialists of America. All three of them have defeated establishment candidates of the Democratic Party and won nominations to contest the November election.

Before the primary vote in New York on Tuesday, none of the mainstream pundits expected Mamdani to pull this off. After Tuesday, none of them have stopped talking about it. President Trump was exercised enough to declare on social media, his only pulpit, that “America the Beautiful will NEVER be a Communist Country!!!”. Giving fake praise to the Mayor, Trump wrote that Mamdani had, “pulled through three solid Communists, and has received loud and universal applause from the Fake News Media. Congratulations Mr. Mayor.”

It is too late for Mr. Trump to learn the differences between democratic socialism in America and communism that is in his nightmare. The Democratic Socialists of America are a broad civil society organization that grew from a membership of 6,000 when Bernie Sanders ran his primary campaign for the 2016 presidential election that Trump ended up winning. And thanks mostly to Trump and his executive actions, the membership has now grown to over 100,000 with activists in every state. The primary reason for their being is opposing Trump’s indefensible policies and initiatives – from immigration to domestic welfare and foreign warfare. New York is the organization’s nerve centre even as it is the vibrant microcosm of the nation’s diversities and contradictions.

One of New York’s Congressional Districts (the Seventh) is the country’s “Commie Corridor”, while the 12th District is America’s wealthiest enclave. Progressive Democrats have won nominations in both as well as in the 10th and the 13th Districts. President Kennedy’s grandson, Jack Schlossberg, went to defeat in the 12th, while the surprising nominee for the 13th District is a firebrand democratic socialist, Darializa Avila Chevalier. Ms. Chevalier is an Afro-Latina from the Dominican Republic who is a community organizer and a sociology Ph.D. student at Columbia.

Ms. Chevalier, known to be “like AOC, but to the Left,” defeated Adriano Espaillat, a 71-year old veteran Latino Congressman also the from Dominican Republic and the first Dominican to be elected to the US Congress. Mr. Espaillat was once an ‘undocumented immigrant’, a category that Trump and his MAGA base now want deported. His defeat sent shockwaves through the American Latino establishment, but to his Latina critics, the Congressman had grown too flabby in office in spite of his own beginnings and early challenges.

The convulsions in New York may or may not make an impact on the course of the campaign for and the results of the midterm elections in November. But they are indicative of new grassroots forces and processes that define the emerging political push backs against racist, right wing and anti-immigrant populism, not only in the US but also in Britain and other western democracies. The current transition in Britain reflects that dynamic.

The essence of the new thrust is that it is shaking up the traditional opposition of American Democrats to right wing populism, which has become too conventional and even elitist. The campaigns of Hillary Clinton and Kamala Harris were culturally elitist and they lost to the most financially elitist presidential candidate in American history. Former President Barak Obama is trying hard to prevent his post-presidential politics from being similarly branded as politics of elitism in retirement.

What sustains this elitism is the myriad of establishment silos claiming to represent every ethnic and immigrant group in America. They operate transactionally at the top in utter isolation from their own grassroots. The genius of Mamdani is in attacking these silos and establishing grassroots solidarity irrespective of religion, ethnicity and immigrant diversity. He has demonstrated that this approach can work in New York’s melting pot, and that it can be politically successful. Trump, the consummate market politician, gets this instinctively. But traditional and elitist Democrats are too timid to embrace the new mode politics in New York City.

by Rajan Philips ✍️

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Colombia’s Revenge Vote

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Columbia’s new President De la Espriella

During the election period, soon after the killing of the so-called FARC (The Revolutionary Armed Forces of Columbia) dissident commander Iván Idrobo, alias Marlon, a question began circulating across Colombia. Can the Colombian state finally become strong enough that armed groups no longer step into the vacuum where government authority should exist?

The timing could hardly have been more symbolic. While President Gustavo Petro presented the military operation against Marlon as a major victory against illegal armed structures, his own political project was entering its weakest moment. The first left-wing president in Colombia’s modern history, who promised to transform the country through social reform, peace building and a different relationship between the state and marginalized communities, was watching political power shift towards a completely different force.

Colombia narrowly chose Abelardo de la Espriella, a millionaire lawyer and political outsider who built his entire campaign around the image of a political predator. He called himself “El Tigre” and offered voters a message centered on strength, punishment and national revival. In many ways, his victory places Colombia within the same political current that has lifted figures such as Javier Milei in Argentina and Nayib Bukele in El Salvador. It is a movement fuelled by frustration, anger and exhaustion with traditional politics, but also by a growing belief that complex national problems can be defeated through force of personality rather than patient institution-building.

The Colombian election was not simply a victory for the right. It was a rejection of a political establishment that, despite decades of promises from both sides of the ideological divide, failed to solve the fundamental problems shaping ordinary life. The left promised equality and social transformation but struggled to deliver security, economic confidence and effective state control in many regions. The traditional right promised order but failed to eliminate the structural causes that allow criminal economies, corruption and inequality to survive. Between these two failures, political space opened for a figure who promised to destroy the old system entirely.

That is the reality behind Colombia’s political transformation. The country did not suddenly become far-right because millions of Colombians adopted a new ideological identity overnight. Many voters moved because they felt abandoned by governments of different political colours. They saw illegal armed groups expanding their influence, extortion becoming normal in some communities, rural populations trapped between criminal organizations and weak institutions, and politicians endlessly debating while ordinary citizens lived with insecurity.

The victory of De la Espriella is therefore part of a broader Latin American pattern. Across the region, voters have repeatedly punished governments that appear unable to address insecurity, economic stagnation and declining trust in institutions. The political pendulum has swung repeatedly from left to right and from right to left, yet the deeper failures remain unresolved. Elections increasingly resemble political theatre where angry citizens replace the actors while the underlying stage remains unchanged.

Colombia has experienced this cycle before. Álvaro Uribe Vélez rose to power in 2002 by promising security during one of the darkest periods of the country’s armed conflict. His hardline approach weakened the FARC insurgency and restored confidence among many Colombians who believed the state was losing control. His influence continued long after leaving office, creating the powerful Uribista movement. His political allies Juan Manuel Santos and Iván Duque both reached the presidency with his backing.

However, Uribismo eventually faced its own political limits. The movement became associated not only with security achievements but also with allegations surrounding human rights abuses, illegal surveillance, links between sections of the political establishment and paramilitary networks, and the scandal of false positives, in which civilians were killed and falsely presented as guerrilla combatants. The political brand that once represented order became increasingly connected, in the eyes of critics, with unresolved questions about Colombia’s past.

The defeat of Paloma Valencia exposed this decline. She represented the traditional Uribista right, yet many voters who once followed Uribe were no longer automatically loyal. They wanted something more aggressive, more emotional and less connected to the old political establishment. De la Espriella understood this shift. He did not attempt to revive Uribismo. He attempted to replace it.

His campaign succeeded because it understood the modern political battlefield. It was not built around detailed policy documents or traditional party structures. It was built around identity, symbolism and digital warfare. The tiger image, patriotic slogans, military gestures and relentless social media presence created a political brand that appeared energetic, rebellious and anti-establishment. His campaign used influencers, viral content and emotionally charged messaging to dominate online spaces where many younger voters increasingly form political opinions.

His rival Iván Cepeda represented almost the opposite model. A veteran left-wing politician known for human rights advocacy and political seriousness, Cepeda struggled to translate his message into the language of the digital age. His campaign relied heavily on speeches, arguments and traditional political communication. In a political environment where algorithms reward anger, simplicity and spectacle, his approach often appeared slower and less emotionally powerful.

This was one of the central failures of the Colombian left. It underestimated the emotional dimension of politics. It assumed that explaining problems would be enough to win public support. But voters facing insecurity, unemployment and declining trust in institutions were not searching only for analysis. They were searching for someone who appeared capable of taking control.

Petro’s government contributed significantly to this disappointment. His historic victory in 2022 represented a breakthrough after decades of conservative dominance. Millions hoped his administration would finally confront Colombia’s deep inequality, rural abandonment and social exclusion. However, his government struggled to transform ambitious promises into visible results.

His “Total Peace” strategy became the clearest example. The idea recognized an important reality: Colombia’s violence was never caused only by armed men. It was connected to poverty, land inequality, weak institutions and forgotten regions.

The problem was implementation. Several armed groups interpreted negotiations as opportunities to expand territory, recruit fighters and strengthen criminal economies. Organizations involved in drug trafficking, illegal mining and extortion increased their influence in various areas. Communities expecting peace often experienced uncertainty instead. The state appeared to be negotiating while criminal groups continued expanding.

This is where both the Colombian left and right repeatedly fail. The left often correctly identifies the social roots of violence but struggles to impose security and state authority. The right promises security but frequently avoids confronting the deeper inequality, corruption and institutional weakness that allow criminal networks to regenerate. The result is a permanent cycle of crisis management.

At the same time, De la Espriella’s victory reflects the rise of a new international conservative network in Latin America. His political success fits within a broader movement associated with leaders such as Milei and Bukele, as well as wider alliances among right-wing forces that emphasize security, national identity and confrontation with progressive politics. These movements have gained strength by exploiting public frustration with ineffective governments.

The danger is that political anger can become a substitute for governing. The promise of a “miracle homeland” is powerful because it provides emotional satisfaction. It tells citizens that someone finally understands their frustration and will punish those responsible. But governing requires more than punishment. It requires functioning institutions, economic planning, administrative competence and long-term solutions.

De la Espriella has won, but his victory does not represent national unity. It represents a deeply divided country where millions voted against the previous government rather than simply for the new one. His mandate is narrow, his congressional support remains limited and expectations among his supporters are extremely high.

The real test will not be whether De la Espriella can win elections. He has already achieved that. The real test is whether he can succeed where generations of Colombian leaders have failed. The question now is whether he will become a builder of stronger institutions or simply another performer in Colombia’s long-running political theatre.

by Nilantha Ilangamuwa ✍️

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Politics, Taxation and the Need for Consensus

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The editorial in last Sunday’s Sunday Island, captioned “Fuel Crisis: Beyond Price Debate,” deserves to be applauded because it called on both the government and the opposition to stop playing politics over fuel prices. The editor concluded by stating, “It is hoped that the government and the opposition will stop fighting over fuel prices and address the serious issues that threaten the country’s energy security and economic stability.”

I believe that most Sri Lankans would agree with that sentiment, except perhaps those engaged in politics whose primary objective appears to be the attainment of power, often regardless of the cost to the country.

Unfortunately, opposition parties seldom assess government policies on their merits. This was also true of the NPP when it was in opposition. There is, however, an important difference between exposing political hypocrisy and opposing sound economic policies. Criticism of policy reversals is legitimate, but it should not undermine reforms essential to the country’s economic recovery and long-term stability.

TAX REVENUE-TO-GDP RATIO

The most important indicator of a government’s capacity to finance public services is its tax revenue-to-GDP ratio. In 1990, Sri Lanka’s tax revenue-to-GDP ratio stood at approximately 19%. Over the following three decades, however, successive governments steadily eroded the country’s tax base through tax concessions, exemptions, rate reductions, and weak enforcement. As a result, the ratio declined significantly and averaged between 10% and 12% before collapsing to around 8% following the sweeping tax cuts introduced by the Gotabaya Rajapaksa administration in late 2019.

The economic consequences that followed were devastating. Government revenue fell sharply. The resulting fiscal imbalance contributed significantly to the economic crisis that culminated in sovereign default, shortages of essential goods, inflationary pressures, and widespread social unrest.

The World Bank considers a tax-to-GDP ratio of around 15% to be the minimum required for developing countries such as Sri Lanka to provide basic public services and maintain fiscal sustainability. According to the latest available figures, Sri Lanka has now increased its ratio to approximately 15.5%, thereby reaching that minimum threshold.

While this represents a significant achievement considering the depth of the crisis, it is hardly a cause for celebration. To place matters in perspective, neighbouring India has achieved a tax-to-GDP ratio of approximately 19.6%, despite operating a far larger and more complex economy. Many developed countries record ratios well above 25%.

Sri Lanka’s recovery in tax revenue has been driven largely by substantial increases in taxation. Value Added Tax (VAT), which is an indirect tax, has increased to 18%, while the top personal income tax, a direct tax, now stands at 36%. These measures have imposed a considerable burden on taxpayers, particularly in the aftermath of inflation reaching nearly 70% in September 2022. Although inflation has since fallen substantially, the prices of most goods and services remain significantly higher than they were before the crisis;

Consequently, many income taxpayers feel aggrieved. They are paying more taxes while simultaneously struggling with a higher cost of living. Their frustration is understandable.

THE ONLY CERTAINTIES IN LIFE ARE DEATH AND TAXES

The famous saying that “the only certainties in life are death and taxes” is attributed to Benjamin Franklin in 1789. Yet, for much of Sri Lanka’s post-independence history, large segments of the population have effectively avoided income tax.

Successive governments, driven by short-term political considerations, frequently reduced income tax rates, expanded exemptions, or abolished taxes altogether. Over time, this fostered a culture in which many citizens came to view taxes, such as personal income tax, as unusual or even unfair. Once such attitudes take root in public thinking, they are difficult to reverse.

What has understandably angered many taxpayers, however, is the perception that the burden of personal income tax and corporate income tax has been borne disproportionately by a relatively small segment of the population employed in the formal sector.

For instance, a person employed in the formal economy and earning a monthly salary of Rs. 350,000 would pay Rs. 32,000 in Advance Personal Income Tax (APIT). By contrast, a person earning a similar amount in the informal sector may remain entirely outside the tax net.

THE NEED TO BROADEN THE TAX BASE

Sri Lanka has a serious problem with tax evasion. This challenge is compounded by the fact that the informal economy is estimated to account for nearly 65% of overall economic activity. Therefore, a significant portion of the workforce and businesses operate outside conventional tax structures and regulatory oversight.

While many workers in the informal sector legitimately earn incomes below the personal income tax threshold, it is equally true that numerous business owners generate significant incomes while remaining largely outside the tax net. Many of these businesses fall within the category of small and medium-sized enterprises.

As a consequence, a relatively small group of individuals and corporations shoulder a disproportionately large share of the country’s direct tax burden. Such an arrangement is neither equitable nor sustainable in the long term.

The objective should not necessarily be to increase tax rates further, but rather to ensure that more participants contribute to the system. When a greater number of taxpayers contribute, the burden on existing taxpayers can potentially be reduced over time. Equally important, a broader tax base enhances transparency, improves record-keeping, and encourages businesses to operate within the formal economy.

THE GOVERNMENT’S DECISION TO REVERSE THE VAT THRESHOLD REDUCTION

Against this backdrop, it is disappointing that the government has decided to retreat from an important tax reform by reversing the reduction of the annual VAT registration threshold from Rs. 60 million to Rs. 36 million.

The proposed reduction was a modest but meaningful step towards broadening the tax base and bringing more businesses into the formal economy. Requiring businesses to register for VAT would also have facilitated proper accounting records to be maintained, especially for sales, which in turn would help determine taxable profits for income and corporate tax purposes. However, following public criticism and political pressure, the government reversed course.

At a recent meeting of the Committee on Public Finance (COPF), its Chairman, Dr Harsha de Silva, asked officials from the Ministry of Finance how many additional businesses would be brought into the VAT system through the proposed reduction of the threshold. The officials estimated the number to be approximately 10,000, although they appeared unable to provide a definitive figure.

What was particularly striking during the discussion was that several participants appeared not to fully understand how the VAT system actually functions in Sri Lanka. This is unfortunate because informed public debate requires a sound understanding of the facts.

For example, a substantial proportion of the turnover of even a large supermarket consists of goods that are exempt from VAT. When I served as CFO of a leading supermarket chain, approximately 40% of turnover came from VAT-exempt goods. Although that percentage may have declined over time, it remains significant. In a typical neighbourhood grocery store, the proportion of VAT-exempt sales is likely to be even higher.

Consequently, many smaller retailers would not have been affected by the reduction in the VAT threshold, as their taxable supply would have been well below the threshold. Therefore, the claim made by Dr Harsha De Silva in a post on the X platform that “This Govt was about to fine your local shop Rs. 1 million for not registering for VAT’ is misleading.

The claim that the withdrawal of the proposed reduction in the threshold is a victory for consumers, too, is incorrect. Sri Lankan law requires manufacturers and importers to display a Maximum Retail Price (MRP) on all consumer products. In practice, this means that the retail price of a bottle of Coke is the same regardless of whether it is sold through a VAT-registered supermarket or a smaller retailer.

Ironically, the non-VAT-registered grocery store earns a higher margin than the tax-compliant supermarket. Therefore, the assertion that reducing the VAT threshold would have imposed an additional burden on consumers purchasing goods is incorrect and misleading.

The situation is somewhat different for service providers. Businesses supplying services that became subject to VAT may have sought to pass some or all of the tax burden on to consumers through higher fees. However, that possibility should not obscure the broader objective of expanding the tax base and improving compliance.

There were further criticisms that businesses were given only two weeks’ notice before implementation and would need to invest Rs 200,000 in a POS machine. Yet the government’s intention to reduce the threshold had been announced when presenting the budget about seven months ago. Therefore, it is difficult to understand where the claim of a two-week notice came from. Equally, it is not unreasonable to expect a business generating turnover of Rs. 36 million annually to purchase a POS machine to maintain adequate records of its sales.

A VALUABLE OPPORTUNITY LOST

In my view, a valuable opportunity to widen the tax net has been lost. What should have been a rational discussion on tax policy instead became another example of political point-scoring, misinformation, and a failure to properly explain the operation of the VAT system to the public.

It is therefore difficult to understand why Dr Harsha De Silva has been such a strong critic of reducing the annual VAT threshold to Rs. 36 million, given that during his time as a minister between 2015 and 2019, the threshold stood at only Rs. 12 million.

This type of political gamesmanship serves neither the government nor the opposition. More importantly, it does not serve the country’s interests. Sri Lanka’s economic recovery requires difficult decisions, honest public debate, and a willingness among political leaders to place national interests above short-term political advantage.

That is precisely why the Sunday Island editorial was correct. The country needs less politics and more policy. On issues as fundamental as taxation, energy security, public finances, and fiscal sustainability, consensus is not a sign of weakness. It is a prerequisite for long-term economic stability and national progress.

The challenge before Sri Lanka is not merely to collect more taxes. It is to create a tax system that is fair, credible, broad-based, and capable of supporting the services and infrastructure that citizens expect from the state. Achieving that objective requires competence, transparency, and political courage.

(The views and opinions expressed in this article are solely those of the author and do not necessarily reflect the policy or position of any organization or institution with which the author is affiliated).

By Sanjeewa Jayaweera ✍️

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