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Taking contradictory stand on 2015 Geneva Resolution

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‘Govt. seeking credit for accountability mechanisms set up by previous administration

UNHRC 48th sessions:

By Shamindra Ferdinando

Attorney-at-law Sudarshana Gunawardena has alleged that the government’s stand on accountability issues at the Geneva-based United Nations Human Rights Council is contradictory to its much publicised opposition to the Geneva Resolution 30/1 co-sponsored by the previous administration.

Sri Lanka co-sponsored 30/1, on Oct 1, 2015. The then Foreign Minister the late Mangala Samaraweera is on record as having said that the UNP-led government had President Maithripala Sirisena’s consent to go ahead with the co-sponsorship.

Former Prime Minister Ranil Wickremesinghe’s media spokesperson Gunawardena yesterday (17) pointed out that the government, at the ongoing 48th sessions of the UNHRC, has reiterated its commitment to key accountability mechanisms set up in terms of the Geneva Resolution.

Civil society activist Gunawardena, who also functioned as the Director General, Information Department during the previous administration said that the assurance given by Foreign Minister Prof. G.L. Peiris last Tuesday (14) should be examined against the backdrop of Sri Lanka’s withdrawal from 30/1 resolution.

Prof. Peiris’ predecessor, Dinesh Gunawardena announced Sri Lanka’s withdrawal at the Feb-March 2020 sessions.

The Sri Lanka Podujana Peramuna (SLPP) owed an explanation, Gunawardena stressed, urging the government to take the public into confidence. “Stop playing politics at the expense of our international relations,” Gunawardena said, underscoring the need for what he called a national consensus on the post-war reconciliation process.

Responding to another query, Gunawardena said that FM Prof. Peiris in his address to the Geneva sessions discussed the progress in what he described as a domestic process in respect of accountability issues. Reference was made to the Office on Missing Persons (OMP), the Office for Reparations (OR) and the Office for National Unity and Reconciliation (ONUR). However, the FM conveniently failed to acknowledge that the OMP, OR and ONUR had been established in keeping with the 2015 Geneva Resolution that covered broader understanding of transitional justice.

The SLPP, while taking credit for the ongoing transitional justice process, continued to publicly reject 30/1, the very basis of the solution, Gunawardena said. “In other words, the SLPP’s actions are very different from their pledges before the electorate in the run-up to presidential and parliamentary polls in 2019 and 2020, respectively.

Referring to the assurance given by Prof. Peiris at the UNHRC that Sri Lanka Human Rights Council was carrying on its mandate, Gunawardena challenged the government to prove its sincerity by allowing no holds barred investigation into SLPP lawmaker Lohan Ratwatte’s raids on Welikada and Anuradhapura prisons on Sept 6 and 12, respectively.

The announcement made by the HRCSL regarding its decision to initiate an inquiry of its own in the absence of police investigation received public attention and appreciation, Gunawardena said.

Commenting on the declaration that Sri Lanka was engaged in an integrated process to bring the Prevention of Terrorism Act (PTA) in line with international norms and best practices, lawyer Gunawardena urged the government to study the work done by the previous government in that regard. Referring to statements made by then Prime Minister Ranil Wickremesinghe in that regard, Gunawardena said that the then Joint

Opposition quite maliciously rejected the move. “They should be ashamed of theirconduct,” relevant ministers and the Attorney General Department couldn’t be unaware of the agreement on new anti-terrorism law.

Gunawardena said that the SLPP administration shouldn’t hesitate to appreciate the previous government’s achievements. “We are quite pleased that mechanisms accepted by the previous government continue to be in operation even though the progress seems slow. However, the SLPP cannot deprive the UNP-led administration of the credit it deserved,” lawyer Gunawardena said.

Gunawardena urged the government to examine the report of the Committee appointed by then Premier Wickremesinghe to develop what he called the policy and legal framework of the proposed Counter Terrorism Act of Sri Lanka. He said that a politically motivated campaign derailed that effort whereas the Opposition propagated the lie the yahapalana government intended to deprive Sri Lanka of anti-terrorism law.

Asked to comment on the revelation of the SLPP government having talks with a group of civil society activists to explore ways and means to strengthening the reconciliation process, Gunawardena said that a 13-page Foreign Ministry note dated Aug. 31, 2021 addressed to Colombo-based diplomatic missions acknowledged the pivotal role played by the civil society. Having always accused the civil society of being part of a Western strategy, the same lot exposed their duplicity by meeting a group of civil society activists.

Gunawardena was referring to President Gotabaya Rajapaksa and Ministers, Basil Rakapaksa, Prof. Peiris, Dinesh Gunawardena, Ali Sabry, PC, and Namal Rajapaksa having separate meetings with SLCC (Sri Lanka Collective for Consensus) in the run-up to the Geneva confab. SLCC comprises 16 individuals.

Gunawardena noted the Human Rights Commissioner Michelle Bachelet, too, in her hard-hitting Sept 13 statement on Sri Lanka referred to President Rajapaksa’s meeting with the SLCC.

Gunawardena said that in addition to the SLCC, another group styled itself as the Civil Society Platform (CSP) in a statement issued on Sept. 13 made its position clear on a range of accountability issues as well as stepped up pressure on the civil society. CSP consists of 30 organizations and 36 individuals.

Responding to declarations by FM Prof Peiris and Foreign Secretary Admiral Jayanath Colombage that external investigations wouldn’t be acceptable, lawyer Gunawardena said that instead of rejecting the investigation the government should furbish whatever information in its hands or had access to the new investigative mechanism. The government couldn’t ignore the fact that the UNHRC authorized the fresh investigative mechanism at the 46th session with an overwhelming majority with 22 countries voting for the resolution, 11 against and 14 missing the vote.

Gunawardena urged the government to take a realistic view as Sri Lanka didn’t have time and space to engage in silly maneuvers. The bottom line was that the March 2020 announcement that Sri Lanka withdrew from 30/1 was nothing but a farce, Gunawardena said.



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Coal scandal: Govt. urged to release lab report

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Pubudu Jagoda

The government is under mounting pressure to release a foreign laboratory report on the controversial coal consignment imported for the Lakvijaya Power Plant, with the Frontline Socialist Party (FSP) accusing the authorities of political interference and tender manipulation.

Speaking to the media after a party meeting in Homagama yesterday, FSP Education Secretary Pubudu Jagoda demanded an immediate explanation for the delay in disclosing the report from a Dutch laboratory, Cotecna, which was commissioned to test samples of the coal stocks in question after doubts were raised about an earlier local laboratory assessment. Jagoda said Cabinet media spokesperson Dr. Nalinda Jayatissa had announced that the report would be submitted by 16 January, but it had yet to be made public.

“The Sri Lankan lab confirmed the coal was substandard and could damage both the environment and power plant machinery. The foreign lab has independently verified the same results, we are told. Yet, political pressure appears to be delaying the release of the report.” He warned that any attempt to issue a false report would eventually be exposed and urged the government and the laboratory to maintain transparency.

SLPP MP D.V. Chanaka told Parliament last week that while 107 metric tonnes of coal were normally required per hour to generate 300 megawatts, but as many as 120 tonnes of newly imported coal were needed to produce the same amount of power due to its lower calorific value. Tests showed the first two shipments had calorific values of 5,600–5,800 kcal/kg, below the required minimum of 5,900 kcal/kg, said.

Jagoda accused the government of tailoring procurement rules to benefit an Indian supplier, citing a drastic reduction in reserve requirements—from one million metric tonnes in 2021 to just 100,000 tonnes in 2025—and alleged previous irregularities by the company, including a 2016 Auditor General finding regarding a rice supply contract and the 2019 suspension of a key agent of the company by the International Cricket Council over match-fixing.

He further criticised systemic manipulation of the coal tender process, including delays in issuing the tender from the usual February-March window to July, and progressively shortening the submission period from six weeks to three, giving an advantage to suppliers with stock on hand.

The Ministry of Energy recently issued an amended tender for 4.5 million metric tonnes of coal for the 2025/26 and 2026/27 periods, following the cancellation of an earlier tender. Jagoda warned that procurement delays and irregularities could trigger coal shortages, higher spot-market purchases, increased electricity costs, and potential power cuts if hydropower falls short.

Jagoda called for urgent investigations into the procurement process, insisting that any mismanagement or corruption should not be passed on to the public.Denying any wrongdoing, the government has said it is waiting for the lab report.

by Saman Indrajith ✍️

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Greenland dispute has compelled Europe to acknowledge US terrorising world with tariffs – CPSL

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Dr Weerasinghe

The Communist Party of Sri Lanka yesterday (18) alleged that the US was terrorising countries with unfair tariffs to compel them to align with its bigot policies.

CPSL General Secretary Dr. G. Weerasinghe said so responding to The Island query regarding European countries being threatened with fresh tariffs over their opposition to proposed US take-over of autonomous Danish territory Greenland.

US President Donald Trump has declared a 10% tariff on goods from Denmark, Norway, Sweden, France, Germany, the UK, the Netherlands and Finland with effect from 1 February but could later rise to 25% – and would last until a deal was reached. Targeted countries have condemned the US move.

Dr. Weerasinghe pointed out that none of the above-mentioned countries found fault with the US imposing taxes on countries doing trade with Russia and Iran. Now that they, too, had been targeted with similar US tactics, the CP official said, underscoring the pivotal importance of the world taking a stand against Trump’s behaviour.

Referring to the coverage of the Greenland developments, Dr. Weerasinghe said that news agencies quoted UK Prime Minister Keir Starmer as having said that the move was “completely wrong”, while French President Emmanuel Macron called it “unacceptable.

Dr. Weerasinghe said that Sri Lanka, still struggling to cope up with the post-Aragalaya economic crisis was also the target of discriminating US tariff policy. The top CPSL spokesman said that the recent US declaration of an immediate 25% increase in tariff on imports from countries doing business with Iran revealed the prejudiced nature of the US strategy. “Iran is one of our trading partners as well as the US. Threat of US tariffs on smaller countries is nothing but terrorism,” Dr. Weerasinghe said, stressing the urgent need for the issue at hand to be taken up at the UN.

Responding to another query, Dr. Weerasinghe cited the US targeting India over the latter’s trade with Russia as a case in point. He was commenting on the recent reports on India’s Reliance Industries and state-owned refiners sharply cutting crude oil imports from Russia. The CPSL official said that the EU wouldn’t have even bothered to examine the legitimacy of US tariff action if they hadn’t been targeted by the same action.

Perhaps, those who now complain of US threats over the dispute regarding Greenland’s future owed the world an explanation, Dr. Weerasinghe said. The reportage of the abduction of Venezuela’s President and the first lady underscored that the US intervened because it couldn’t bear the Maduro administration doing trade with China and other countries considered hostile to them, Dr. Weerasinghe said.

The CPSL official said that the NPP couldn’t turn a blind eye to what was happening. Just praising the US wouldn’t do Sri Lanka any good, he said, adding that the Greenland development underscored that the US under Trump was not concerned about the well-being of any other country but pursued an utterly one-sided strategy.

The US dealings with the NPP government, particularly the defence MoU should be examined taking into consideration US tariffs imposed on Sri Lanka at the onset of the second Trump administration and ongoing talks with the US, Dr. Weerasinghe.

By Shamindra Ferdinando ✍️

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MPs’ Pension Repeal Bill challenged in Supreme Court

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 Two petitions have been filed before the Supreme Court challenging the constitutionality of the proposed Parliamentary Pensions (Repeal) Bill, which seeks to scrap pensions for legislators.

The Bill, presented to Parliament on 7 January by the Minister of Justice and National Integration, has drawn strong opposition from retired parliamentarians who argue that it undermines the rights of former lawmakers and their dependents.

One petition has been filed by former MPs M. M. Premasiri, Nawarathne Banda, Nishantha Deepal Gunasekara, and Saman Siri Herath, who served in Parliament from 2004 to 2010. The other petition is by former MPs Piyasoma Upali (1988–2004) and Upali Sarath Danstan Amarasiri (1988–2000).

The petitioners argue that former MPs, many of whom dedicated decades of service to the nation, often sacrificed careers and business prospects for public duty. They contend that retired MPs and some widows rely solely on their pensions, which range between Rs. 60,000 and Rs. 80,000, amounts they say are insufficient to cover basic living and medical expenses.

The petitions seek a declaration that the Bill requires approval by the people through a referendum and a two-thirds majority in Parliament, citing constitutional safeguards.

The petitions were filed through Attorney-at-Law Sanath Wijewardane and are to be supported by Dr. Wijeyadasa Rajapakshe PC.

 By AJA Abeynayake ✍️

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