Features
Proposed Penal Code amendment and threat of promotion of sexual abuse of children – III
by Kalyananda Tiranagama
Executive Director
Lawyers for Human Rights and Development
(Second part of this article appeared in The Island of 12 June 2023)
Sri Lanka failed to get re-elected to the UN Human Rights Council at the elections conducted on May 21, 2008 despite strong efforts made by our government due to this vicious campaign carried on continuously for several months by a group of International NGOs with the backing of these foreign funded Sri Lankan NGOs to prevent Sri Lanka from being re-elected to the Council.
Sri Lanka’s 1st, 2nd, 3rd and 4th Universal Periodical Report Reviews have taken place in May 2008, October 2012, November 2017 and March 2022. On Each occasion these NGOs have carried on their usual hostile campaign against the country.
Real forces behind move to decriminalize homo-sexual conduct
From the above account it is clear that several foreign funded NGOs were carrying on a continuous campaign through the UN HRC in Geneva for decriminalization of homo-sexual conduct by bringing pressure on the SL Govt.
It is no secret that many of these NGOs actively participated in the Galle Face Aragalaya for the ouster of the former President and that resulted in Ranil Wickremesinghe being appointed as the Prime Minister.
On July 13, 2022 President Gotabaya Rajapaksa resigned and PM Ranil Wickremesinghe was elected by the Parliament as the interim President on July 21, 2022.
It appears that the most urgent task that remained to be addressed immediately by the Govt within one month of the election of the President was the protection of the rights of the LGBTQ communities.
A Presidential Media release issued on 24. 08. 2022 states that a Bill to amend the Penal Code with the aim of protecting the rights of the LGBTQ communities in Sri Lanka was handed over to the President on August 24, 2022 by MP Premanath C. Dolawatta. It has been submitted to the Parliament on the previous day by MP Dolawatta as a Private Member’s Bill.
The Presidential Media release further states: ‘‘The society of this country has an extremely backward notion regarding the LGBTQ community and as a result not only in daily life but even in govt and law enforcement agencies, this community has been subjected various forms of violence, oppression and harassment. At times even their democratic basic rights have been violated.
‘‘Punishment of individuals based on sexual orientation and sexual identification was spread throughout the world by colonial legal systems in the Victorian era, but in modern psychiatry this is not considered a crime or a perversion. Also, developed countries have worked to amend the law that penalize this community and limit their rights.
Having taken these factors into consideration, Parliamentarian Premanath C. Dolawatte has submitted this Private Members Bill.’’
It appears that MP Dolawatte has hurriedly submitted this Private Members Bill to Parliament having taken into consideration the Presidential concerns on the need of protecting the rights of the LGBTQ communities in Sri Lanka.
However, though this Bill has been presented to the President on August 24, 2022, it has not been published in the Govt Gazette till March 22, 2023 and the Bill published in the Gazette has been placed in the Order Paper of Parliament only on April 4, 2023.
According to media reports, when Sri Lanka’s 4th Periodic Report was taken up for consideration at the UN HRC at its Universal Periodic Review Working Group meeting held on February 1, 2023, the UK and the USA have urged Sri Lanka to repeal PTA and to decriminalize same-sex conduct.
(D) Thinking of Political Parties in Parliament on the Bill and their support for it
Discussion hosted by the Canadian High Commission
Within 3 weeks of the UN HRC Working Group Meeting in Geneva, a Panel Discussion on LGBTQ rights has been jointly hosted by the Canadian High Commission in Sri Lanka and NextGenSL. Attorney-at-Law Aritha Wickramasinghe, Equality Director of iProbono has moderated this panel discussion.
David Sood, Counsellor, Political and Trade of the Canadian High Commission in Sri Lanka has delivered the opening remarks while Bhoomi Narendran and Kaushalya Sendanayake, a representative from Equal Ground shared observations from the civil society perspective.
Canada is also a member of the group of ten countries headed by the USA and the UK that brought resolutions against Sri Lanka in the UN HRC, Geneva alleging commission of war crimes and demanding accountability.
A detailed account of the views expressed by the participants at this Discussion was published in the Ceylon Today newspaper of February 20, 2023 under the title ‘‘Key Political figures make historic pledge on LGBTQ rights.’’
Representatives of several major political parties – SLPP MP Premanath Dolawatta, Samagi Jana Balavegaya MP Mayantha Dissanayake, Freedom People’s Congress MP Prof. Charitha Herath and CWC leader Minister Jeevan Thondaman have shared their views at the discussion on non-discrimination of LGBTQ Sri Lankans.
There can be no doubt that any of these MPs have not studied or seen the Bill though they have expressed their support to the Bill at this discussion.
When one examines the sequence of events, inevitably a series of questions will arise in the mind of any rationally thinking person as to what may have actually happened.
This Bill was published in the Gazette of March 22, 2023 and this discussion was conducted more than one month before its publication in the Gazette;
Has the MP Dolawatta had the Bill printed in Sinhala, Tamil and English languages and distributed among all 225 MPs in Parliament at his personal cost before it was published in the Gazette?
What was the need for him to take such a personal interest and do it such a hurry?
This Bill does not mention anything about LGBTQ rights. It only provides for the repeal of two sections in the Penal Code. The entire Bill consisting of one clause with 3 sub-paragraphs is as follows:
Clause 2. (i) S. 365 in the principal enactment is hereby repealed and it is amended by substituting the following section:
‘’Whoever voluntarily has carnal intercourse against the order of nature with an animal, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also liable to fine.’’
(ii) S. 365A in the principal enactment is hereby repealed.
(iii) The intent of the legislature in enacting this legislation must be considered as amending the provisions that makes sexual orientation a punishable offence.
It is strange that none of the four MPs who participated in this discussion has uttered a word about the contents of the Bill or the consequences that would inevitably follow if these two Sections – S. 365 and S. 365A – in the Penal Code enacted in 1995 to protect children from sexual abuse are repealed.
However, when one analyses the views expressed by these MPs, one can gather a lot of information on the stand that will be taken by these political parties when this Bill is taken up for debate in Parliament and the thinking of their Parliamentarians. Let us examine the views expressed by these MPs:
This is what MP Dolawatte has said: ‘‘Consider this as an act of an untamed elephant. I have not spoken to the LGBTQ community nor have I spoken to any foreign mission in SL. I only did my part as a lawmaker, to ensure the rights of citizens of my country.’’
What a great man! Without any communication with the LGBTQ community, he has come forward in defence of their rights. He acts totally independently. He has no dealings with any foreign mission, though he has attended this discussion hosted by the Canadian High Commission.
‘‘I know the ultimate fight should be for non-discrimination and decriminalization of the LGBTQ community is only one aspect of it. But we must start somewhere.’’
Certainly! Decriminalization of the LGBTQ community is the first step. They have to move forward step by step. The ultimate fight should be for non-discrimination or legalizing same sex marriages.
‘‘Minister Ali Sabry has assured that the Govt will support the motion. Minister Prasanna Ranatunga also has communicated to me that the ruling party will back the Bill. So, I am hopeful that the motion will secure a majority in Parliament.’’
Great! SLPP Govt is boldly coming forward to achieve what it could not achieve in the first half of its rule. Is this Basil Chinthanaya, Namal Chinthanaya or Ranil Chinthanya? It is more likely to be Ranil Chinthanya.
This is what SJB MP Mayantha Dissanayake has said: ‘‘I am in favour of the Private Member’s Bill presented by Dolawatte. We are a progressive party and we understand the need for change. I briefly spoke to our Party Leader Sajith Premadasa and shared my views on this matter with him. We haven’t made a formal policy statement on this yet, but we are in favour of this because we want to do the right thing by the country.”
How Nice! At last SJB has found one right thing done by the Ranil – SLPP Govt for the good of the country.
Mayantha Dissanayake has come out with the strategy also to overcome resistance to the Bill:
‘’When this Bill is presented to Parliament, there will be stiff resistance from many quarters. That’s something we must expect. But as a Parliamentarian and a person who values human rights, I will champion this cause within my party and within our parliamentary group. There are many countries in the world that have made progressive steps in this regard and we must follow those examples.’’
‘’Addressing the concerns of religious circles will be a critically important task and I am confident that we will be able to convince them by directly engaging with the right information. For instance, this is perfectly in line with the fundamental teachings of Buddhism such as compassion and that should be the basis of our engagement with Buddhist monks. We inherited a country that needed change. We must now deliver,’’ MP Dissanayake said, adding that his traditional upbringing in Kandy would not deter him from supporting this cause.
With a Legislature with this type of bold MPs with a far-sighted vision who are prepared to come forward breaking up all obstacles and traditional barriers, President Wickremesinghe can achieve his goal of converting Sri Lanka into a Western-oriented country with a modern outlook within a very short period of time. He need not wait till 2048.
(To be continued)
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.
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