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TISL demands accountability in proposed mineral sands mining project in Puttalam

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Transparency International Sri Lanka (TISL) filed a complaint with the Human Rights Commission of Sri Lanka (HRCSL) on July 19th, requesting an investigation into the alleged corruption, malfeasance and abuse of power by the Sri Lanka Cement Corporation (SLCC) in a proposed mineral sands mining project in Puttalam. The HRCSL has requested a detailed report on the project from the SLCC, in response to the formal complaint filed by TISL.

The SLCC has entered into a 30-year agreement with a private limited company last year, for the extraction of mineral sands in the Aruwakkalu area. In its complaint, TISL refers to the allegations that the said agreement has been entered into without following standard procurement guidelines, competitive bidding, or obtaining necessary approvals from relevant authorities.

It is revealed that the said company, which is fully owned by a single individual, and which has a nominal share capital of Rs. 1,000, lacks technical qualifications and experience in the minerals sector. The lack of transparency regarding this project raises concerns of unequal treatment and corruption risks, and thereby, amounts to a violation of the fundamental rights of the people of Sri Lanka, TISL has mentioned in its complaint.

TISL is reliably informed that a company named Puttalam Ilmenite Ltd. (PIL) had conducted systematic exploration in this location for almost a decade, under a license issued by the Geological Survey and Mines Bureau (GSMB). TISL is also informed that in line with the 1992 Mines and Minerals Act, PIL had legitimate expectations of securing the exclusive right to proceed to commercialization.

Therefore, it appears that SLCC may have undermined the role of the GSMB as the regulatory authority in relation to minerals, given that there is a distinction between land rights and mineral rights. In addition, the controversial project site has already been leased out to Siam City Cement Lanka (Pvt.) Ltd. for 50 years in 1993.

PIL also claims that it was planning to bring in the largest Foreign Direct Investment (FDI) ever into the minerals processing sector in Sri Lanka, with the approval by the Board of Investments (BOI). PIL’s value-added processing would generate foreign currency earnings of $100 Million USD annually via sales to a Fortune 500 group customer, who is also an investor in the project. In addition, PIL claims that this investment would introduce new industrial technologies to Sri Lanka to enable the processing of low-grade inland minerals, whilst adopting international best practice in safety and sustainability. PIL forecasts the creation of up to 400+ jobs, and the development of technical skills in rural Eluwankulam and Puttalam.

Therefore, due to the agreement between the SLCC and the said company, the country has lost an estimated $300 Million USD of desperately needed foreign currency earnings over the past years, in addition to royalties and taxes. There is also the loss opportunity of export diversification. In addition, this context will erode investor confidence in apex project approving entities such as the BOI and GSMB.

TISL stresses that the alleged disregard of procurement guidelines and violation of due process by administrative bodies have far-reaching negative consequences on the country’s natural resources, economy and the people.

Therefore, TISL urges the Commission to Investigate Allegations of Bribery or Corruption (CIABOC) to use its powers and initiate a comprehensive investigation on the matter in the public interest. TISL also calls upon the Government to take steps to uphold transparency and accountability in this critical, mineral sands mining project and act in the best interest of the Sri Lankan people.



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SCO chief highlights Lanka partnership at LKI lecture

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Shanghai Cooperation Organisation (SCO) Secretary General Nurlan Yermekbayev is in conversation with LKIIRSS Executive Director Dr Nishara Mendis and Director General East Asia Division of Foreign Affairs Ministry Savitri Panabokke during his visit to LKIIRSS to deliver a special guest lecture. Members of SCO delegation are also in the picture

The Lakshman Kadirgamar Institute of International Relations and Strategic Studies (LKIIRSS) recently hosted a special guest lecture on ‘15 Years of Dialogue: Sri Lanka–SCO Partnership and the Way Forward’ at the Lighthouse Auditorium of the Institute.

The lecture was delivered by Secretary-General of the Shanghai Cooperation Organisation (SCO), Nurlan Yermekbayev, who outlined the evolution of Sri Lanka’s engagement with the SCO over the past 15 years and highlighted the growing importance of the organisation in regional and multilateral cooperation.

The discussion focused on the SCO’s history, institutional mechanisms and key pillars, including regional security cooperation, economic collaboration, socio-humanitarian engagement and external partnerships. Broader themes of connectivity and multilateral dialogue were also explored during the session.

The event was organised by the Lakshman Kadirgamar Institute in collaboration with the Ministry of Foreign Affairs, Foreign Employment and Tourism.

Members of the diplomatic corps, Heads of Mission, senior government officials, representatives of think tanks, academics, researchers and university students attended the event.

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SC backs banks’ right to sue guarantors directly

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The Supreme Court last week ruled that a bank is entitled to institute legal action directly against a guarantor without first proceeding against the principal debtor, where such a right has been expressly waived in the guarantee agreement.

Delivering judgment on an appeal filed by a guarantor, the apex court affirmed a decision of the Commercial High Court holding Vithanage Happawana liable as guarantor for credit facilities obtained from DFCC Bank PLC.

The case stemmed from an action filed by the bank to recover over Rs. 5.5 million, together with interest, from the defendant in his capacity as guarantor for a company’s loan facilities.

The defendant had argued that the principal debtor company, as the beneficiary of the credit facilities, should have been made a party to the action and pursued first before any proceedings were initiated against him.

However, the Supreme Court held that while Roman-Dutch law generally allows a surety to insist that the principal debtor be sued first, such a right may be expressly waived by contract.

Justice Sampath Wijeratne, delivering the judgment, observed that Clause 15 of the guarantee agreement clearly permitted the bank to proceed directly against the guarantor without first taking action against the principal debtor.

The Court also rejected the defendant’s claim that he was unaware of the contents of the guarantee documents and had signed blank papers, stating that such a defence cannot succeed unless the signer was illiterate, blind, or otherwise incapable of understanding the nature of the transaction.

Accordingly, the Supreme Court affirmed the Commercial High Court ruling and ordered costs to be paid to the plaintiff bank in both courts.

The three-judge bench comprised Justices Yasantha Kodagoda, Shiran Gooneratne and Sampath Wijeratne.

President’s Counsel Kushan de Alwis appeared for the bank, while Counsel Harith de Mel with Hasini Rupasinghe, instructed by Chamithri Kaluhennadige, represented the appellant.

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Lanka, Russia eye expanded defence cooperation

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Defence Secretary, retired Air Vice Marshal Sampath Thuyacontha, met Deputy Secretary of the Russian Security Council and State Advisor Aleksander Nikolayevich Venediktov in Moscow last Wednesday

Defence Secretary, retired Air Vice Marshal Sampath Thuyacontha, currently on an official visit to the Russian Federation, held talks in Moscow on Wednesday with Aleksander Nikolayevich Venediktov, Deputy Secretary of the Security Council of the Russian Federation and State Advisor.

The meeting took place on the sidelines of the 1st International Forum on Security and the Annual Meeting of High Representatives for Security Issues, being held in Moscow from May 26 to 29.

During the cordial discussions, the two sides exchanged views on a range of bilateral matters of mutual interest, with particular emphasis on cooperation between the armed forces of Sri Lanka and the Russian Federation.

Talks focused on strengthening longstanding defence ties and exploring new areas of collaboration in defence, security, and military-technical cooperation.

The Defence Secretary and Venediktov also discussed opportunities for Sri Lanka to benefit from advanced military technology cooperation and related initiatives aimed at enhancing mutual engagement between the two countries.

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