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US lawmakers’ ignorance of civilian casualties in Lanka’s war on terrorism

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by Daya Gamage

Foreign Service National Political Specialist (ret) US Department of State

(Continued from yesterday)

Williamson cable on ICRC statement

Williamson cable further noted what Jacques de Maio said about the LTTE and its strategies: “On the LTTE, de Maio said that it had tried to keep civilians in the middle of a permanent state of violence. It saw the civilian population as a “protective asset” and kept its fighters embedded amongst them. De Maio said that the LTTE commanders’ objective was to keep the distinction between civilian and military assets blurred …”

Ambassador Williamson met the ICRS South Asia Head to collect information in relation to US Congressional reporting requirements as the latter was the only person who could provide a clear picture of the ground situation. How come these reports never reached American Congressmen? Was it due to a lapse on the part of Sri Lanka?

One party to the conflict in Sri Lanka is considered non-existent and holding that party accountable for its actions is not possible. Therefore, only Sri Lanka’s actions have come under scrutiny. This writer and his co-author of a manuscript now being developed on US-Sri Lanka relations, Dr. Robert K. Boggs, a retired Senior Foreign Service – Intelligence Officer of the State Department, have been told by many senior (now retired) Foreign Service officers of the US. Department of State that Sri Lanka should be held to a higher level of accountability as it is the legitimate (state actor) administration bound to adhere to international laws insinuating that the separatist-terrorist group – the LTTE – is an illegal organisation that did not abide by international laws anyway.

The International Community, as well as the Office of the UN Secretary General along with the UN High Commissioner of Human Rights (UNHCHR) and the UN Human Rights Commission (UNHRC), after the conclusion of the Eelam War IV, commenced their investigation solely to ascertain whether the Government of Sri Lanka had adopted appropriate precautions for the protection of civilians instead of finding whether the Tigers had taken adequate measures to keep the civilians away from the battlefield.

The circumstances under which the unarmed civilians were present in the battlefield were never factored in by the global investigators. Even now by the ‘presenters’ of ‘resolutions’ to the US Congress. Had the global investigators looked into what motivated and under what circumstances the LTTE kept the civilians in or around military objectives they would have connected such exercises to the IHL norms. The United States, it is well known, in its overseas Global War on Terror (GWoT) operations in Iraq, Afghanistan and other places, has not always been transparent about the civilian casualties caused on its watch. The Executive Order – United States Policy on Pre- and Post-Strike Measures to Address Civilian Casualties in U.S. Operations Involving the Use of Force – signed by President Obama in July 2016, among other matters, to assess, report and make public civilian casualty figure was drafted at a time when there was no other systematic reporting of civilian casualties. Section 3 of the Executive Order directs: (Quote) Report on Strikes Undertaken by the U.S. Government Against Terrorist Targets Outside Areas of Active Hostilities. (a) The Director of National Intelligence (DNI), or such other official as the President may designate, shall obtain from relevant agencies information about the number of strikes undertaken by the U.S. Government against terrorist targets outside areas of active hostilities from January 1, 2016, through December 31, 2016, as well as assessments of combatant and non-combatant deaths resulting from those strikes, and publicly release an unclassified summary of such information no later than May 1, 2017. By May 1 of each subsequent year, as consistent with the need to protect sources and methods, the DNI shall publicly release a report with the same information for the preceding calendar year. (End Quote) President Donald Trump in an Executive signed March 2019 revoked Section 3 of Obama Executive Order. The decision to revoke Section 3 in fact reduced transparency regarding a portion of the most sensitive and secretive of U.S. actions.

The Obama Executive Order was issued at a time when there was no other systematic reporting of civilian casualties. Noting here is that since the conclusion of the Eelam War IV until Washington used UNHRC to reiterate transparency and accountability of Sri Lanka’s actions during the final stage of the war and emphasising the importance of setting-up a hybrid judicial body to probe alleged IHL violation in the 2017 Resolution in Geneva is vital amid the revocation of Section 3, and what Section 3 itself did not bring forth. The US Congress however mandated that the Pentagon provide annual reporting of civilian casualties from its operations in the War Theater under Section 1057 of the National Defense Authorization Act (NDAA).

It should be mentioned here that Section 1057 reporting includes only the Defense Department’s portion of Section 3 reporting. However, the information required by Congress is much higher – it includes civilians wounded as well as killed. Even Obama’s Section 3 of the Executive Order did not give a mandate to provide such data by geographic areas. On the other hand, Section 1057 does not include a toll of estimated combatant deaths to compare against the number of civilian casualties.

The elimination of Section 3 reporting requirement creates a transparency gap regarding civilian toll from any non-Defense Department lethal actions in Iraq, Afghanistan and elsewhere in the war theater. Since the conclusion of the war, the UN and the international community placed more emphasis on the conduct of the military of the GSL ignoring the behaviour of the fighting cadre of the LTTE. The conduct of both parties was not simultaneously assessed to get the larger scenario of the final stage of the battle.

The expert opinion is IHL does not specify how exactly two dissimilar values, human life and military advantage, should be weighed against each other for the purposes of proportionality. It is further complicated by disagreement over who counts as a civilian with immunity from attack and over what exactly constitutes a military advantage. The investigators and accuses of Sri Lanka did not attempt to give a broader focus on these complicated issues. The seven US House Members who tabled the Resolution this month were never apprised of the above scenario: The pro-Tamil Homeland Diaspora Tamil activists who were behind the Resolution concealed all that; and Sri Lanka, all these years, even now, has failed to use its diplomacy to place these ‘revealing facts’ before the policymakers and lawmakers in Washington and elsewhere.

This lacuna compelled this writer and Robert Boggs to develop a manuscript using both our understanding, experience and intense knowledge gained during a thirty-year engagement in the area of foreign affairs, how Washington used its diplomatic maneuvers toward Sri Lanka and the manner in which how lethargic Sri Lanka all these decades (and even now) failing to provide cogent evidence about Sri Lanka’s demographic formation, intra-ethnic and inter-ethnic divisions, cultural patters shared by all ethnic groups, the discrepancies between urban and rural division that have affected all ethnic communities to those who formulate policies in Western democracies. The May 15, 2024 Resolution tabled in the US House of Representatives manifests their lack of research ability and basic thinking. Sri Lanka is equally responsible of its lack of diplomacy. (Concluded)



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Opinion

Assisting solar power debate in Cabinet

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Authors: Directors of Solar Village SDG CIC
www.solarvilllagesdg.org
I.M. Dharmadasa (Emeritus Professor), Nilmini Roelens (Solicitor) and Saroj Pathirana (Journalist)

The purpose of this article is to inform the Cabinet discussion on Solar Power proposed by the Ceylon Electricity Board (CEB)

Net metering and the Prosumer

The CEB has put forward a motion to the Sri Lankan Cabinet which proposes to reduce the unit price payable under the various net metering schemes to the “prosumer” (the owner of a solar panel system).

A prosumer is a blend of producer and consumer, referring to individuals who both create and consume. This is based on the notion that most producers of electricity through self-owned solar panels generate more than double their own needs as consumers. It thus enables the prosumer to connect to the national grid and receive money on a pay back scheme from the CEB for the excess electricity they produce.

What is this debate about?

Currently there are four schemes.

The Public Utilities Commission of Sri Lanka explains the various schemes involving roof -top solar solutions thus under a heading published in October 2023 – Rooftop Solar PV Connection Schemes. The two most noteworthy schemes are the Net plus and the Net plus plus schemes.

https://www.pucsl.gov.lk/rooftop-solar-pv-connection-schemes/

Through the NET Plus Plus Scheme CEB regards the prosumer as a mini power plant holder which maximises roof top generation well beyond the prosumer’s own needs making maximum use of extra roof space. This would work well for schools and companies with large buildings. CEB used to pay Rs. 37 per unit to the prosumer for up to 500kW. This unit price was available between 26 October 2022 to 1 July 2024. However, as of 1 July 2024 the unit price was reduced to Rs. 27.

We understand the new CEB proposal to the cabinet is to scrap this scheme altogether.

In relation to the Net Plus scheme which is the more accessible and popular scheme for ordinary householders the current CEB proposal is to reduce the unit price even further to Rs. 19 for solar power systems generating less than 20 kW, whilst for those generating between 20 – 100 kW the unit pay back will be Rs.17 and those generating between 100 – 500 kW will receive Rs.15 per unit.

The installation costs of a 5-kW solar panel is now around Rs 1.0 million. The cost of solar panels has in fact come down over the years and the units are recyclable. The lifespan of a solar unit is expected to be in the region of 22 to 25 years. There are now over 300 active solar companies in Sri Lanka. This is a rapidly growing sector with the prospect of generating employment for tens of thousands of young Sri Lankans for many years to come as technicians, administrators and entrepreneurs. The potential advantages for the economy are extensive Sri Lanka’s growth of the renewable energy sector using freely available sunshine available virtually all year-round given the geographical proximity to the equator

It is not just about reducing the electricity bills of the prosumer. This green energy solution would also mean we avoid the heavy annual cost of the import of fossil fuels into Sri Lanka which very seriously affects its balance of payments each year. The unwarranted need for environmentally damaging energy sources like coal, diesel and nuclear (with its inherent dangers and enormous costs), etc., will lead to a meaningless downward spiral of more debt, enhanced climate risk and pollution.

The intermittency argument

The argument of intermittency of renewables is a misguided premise. Some may argue that seasonal variations of renewables such as solar or hydro power may make them unreliable. This can very easily be remedied by investment in a smart grid. This can be done by upgrading the existing transformers and grid lines. A policy decision would be required at cabinet level to advise the CEB to reinvest any profits for this purpose.

Green Hydrogen is the future

Solar generated power can be harnessed to invest in Green Hydrogen solutions which could mean that rather being an importer of fossil fuels, that the rest of the world is turning away from, Sri Lanka becomes an exporter of green hydrogen to countries in the northern hemisphere where sunshine is scarcer.

Picture what it could do to the Sri Lankan economy if, rather than being dependent on imports of polluting and expensive fuel which can exacerbate the climate crisis, we transform our island into an eco-tourist paradise and become an exporter of clean green hydrogen.

Green hydrogen is created by splitting water molecules into its components of Hydrogen and Oxygen. The hydrogen gas can be compressed and stored for export. The minimum voltage required for splitting the water molecule is about 1.50 Volts DC and scaling up and commercialisation is happening throughout the world currently.

Rebranding Sri Lanka as a renewable energy island

To limit imports of fossil fuels for automobiles, a policy decision at governmental level could provide concessions for electric cars for solar roof owners and encourage the use of solar powered charging stations. The annual cost of imports of petrol and diesel would reduce overtime as Sri Lanka encourages clean and green electric cars.

Whilst the rest of the world is turning to renewable energy with alacrity, Sri Lanka ought not turn to fossil fuel imports in breach of its commitments to the international community.

In 2015 Sri Lanka signed up to the United Nations 2030 Agenda. Ahead of the Paris Summit Sri Lanka set out its climate action plan which the UN Framework Convention on Climate Change (UNFCCC) stated “Countries have agreed that there will be no back-tracking in these national climate plans, meaning that the level of ambition to reduce emissions will increase over time.”

(https://unfccc.int/news/sri-lanka-submits-its-climate-action-plan-ahead-of-2015-paris-agreement)

Sri Lanka has a real opportunity to rebrand itself as a renewable energy island. This means moving towards the commitments made at UNFCC – COP25, Sri Lanka Country Statement in Madrid in December 2019:

“Sri Lanka recognises the importance of the role of COP and highlights the need to take effective and definitive steps for finalising the follow up actions of the Paris Agreement.

The rise of the global mean temperature and the resulting changes have created adverse impacts on key sectors of Sri Lanka, such as agriculture, forestry, biodiversity, marine and fisheries, tourism and energy (hydro power) sectors, leading to disastrous effects on its people, ecosystems and economy. According to official statistics from 2008 to 2018, droughts, floods and landslides have affected over 15 million people, and losses and damages resulting from these calamities have been borne by Sri Lanka’s national budget… Sri Lanka is committed to inclusive and participatory climate actions to ensure that affirmative actions are taken to address the vulnerabilities of climate change.“https://unfccc.int/sites/default/files/resource/SRILANKA_cop25cmp15cma2_HLS_EN.pdf

Why is reduction of the unit price a very regressive, harmful measure?

The reduction will discourage the use of clean renewable energy in favour of higher imports and a move towards dangerous and expensive sources of energy.

The consequences of a reduction of unit price will thus be far reaching beyond the loss to the prosumer.

Lithium battery storage options mean that even when the sun stops shining at night or in the wet season the solar panel produced energy can continue to be used. It is very likely that current solar companies will need to diversify to survive and move towards lithium battery storage solutions and inverters so that year long, 24-hour access to energy is available without recourse to the national grid for their customers. As individuals and institutions go off grid CEB’s income will dwindle in the long run as the private sector takes over.

Recommendations to the cabinet

We make the following recommendations to the Government of Sri Lanka:

(i) At present we have a fragile grid, and the CEB should strenuously endeavour to minimise energy leakages and improve the grid by replacing weak transformers and grid lines. Such continuous improvements will enable us to move towards a “Smart Grid” enabling absorption of large amounts of intermittent renewable energies like wind and solar.

(ii) At present we have ~1500 MW of renewables installed, comparable to hydroelectricity. When solar power is plentiful during the daytime, hydro power can be reduced simply by controlling the water flow without any technical difficulties. This is one way of assuring energy storage while balancing the grid energy.

(iii) Another solution for this is pumped-water storage plants. It is important to follow through with such measures which have now been under discussion for some time.

(iv) The future energy carrier is green hydrogen (GH) produced by electrolysing water using both wind and solar. A global Green Hydrogen revolution is taking place, and GH can be used to run vehicles using fuel cell technology. Trains and buses are being run with GH technology in Europe. GH can also be converted into ammonia and methanol to produce fertilizer and be applied for other industrial uses. Sri Lanka must not be left behind.

(v) GH can be stored and burned whenever energy is needed, especially during nighttime. Only water vapour is produced during the burning of hydrogen without any air pollution. Sri Lanka already has the Sobhadanavi LNG plant which is almost ready to use. Since we must import LNG to run this power plant, we should be able to reduce the LNG import bill by half by mixing the natural gas (methane) with the locally produced GH. See here:

(vi) Local solar energy companies should install high quality solar energy systems and provide “after sale services” in accordance with their guarantees.

(vii) PV companies should also be encouraged to collaborate with local electronics departments to manufacture accessories like inverters and other components needed for these systems, creating new jobs, and reducing the total cost of the systems.

(viii) In addition to grid tied solar roofs, the PV companies should also market hot water systems and water pumping systems. As a country reliant mainly on agriculture, solar water pumping and drip irrigation systems, especially in the dry zone, provide a huge potential for increasing food production.

(ix) Battery capacities are improving, and costs are coming down. This can be encouraged pending replacing grid infrastructure.

(x) It is important to increase public awareness through government funded campaigns. The public should recognise the dangers of using imported and expensive fossil fuel and the importance of using renewables.

(xi) The public should also recognise the advantages of having a clean environment, health benefits and enhanced living conditions.

(xii) A community development project called “Solar Village” to empower needy communities, accelerate their sustainable development, reduce poverty and take climate action has been developed over the past two decades. Seven solar villages have been established and funding for three more solar villages have been obtained.

Solar Village SDG, a UK based community interest company has been established to encourage the use of renewables and to pilot programmes which will support sustainable development goals. This includes providing access to a quality education for all via smart rooms which will be set up alongside solar villages in rural schools. Such initiatives could be encouraged and supported.

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Opinion

How monks practice Buddhism in Sri Lanka

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Time was when we had to observe the five precepts chanting in front of the omnipresent Buddha statue in every Buddhist household, and pay homage to parents straight afterwards. Attend mandatory Sunday schools, trek about 6 miles (return) to Moratu Vidyalaya’s main hall together as a family on Fridays to listen to a sermon by erudite visiting monks from the Vajiraramaya and elsewhere.

Having been settled in the UK for half a century, I can only go by what I read and hear from Sri Lankan friends and families. All those practices seem to have changed for the worse, sadly! Living in luxury, temples are run on business models nowadays! Monks ask what they wish to eat at alms-givings, including pork, etc., tell how much it costs the laypeople to invite them, etc! Unbelievable to say the least! I dare say it seems to start from the top of the hierarchy – the Kandy Temples, where the prelates live and are patronised by all politicians from Presidents, Prime Ministers and others! Some monks engaging in politics is not uncommon! For example, a recent statement made by Ven. Dodampahala Rahula Thera during a religious ceremony held to bless former President Ranil Wickremesinghe on his birthday has sparked widespread discussion on social media.

Speaking at the event, Ven. Rahula Thera had claimed that he had advised then-President Wickremesinghe not to import fuel ahead of the 2024 Presidential Election. However, the Thera has since clarified that the remark was made in error due to the pressure of the moment. Pertinent question is why did he choose such intervention?

All these are in such sharp contrast to Buddhist monks in the Western world and South East Asia where they shun luxury to lead a truly monastic lifestyle in order to practise what they preach.

Respected and loved in his own country as a man of great wisdom, Ajahn Cha was also instrumental in establishing Theravada Buddhism in the West. Beginning in 1979 with the founding of Cittaviveka commonly known as Chithurst Buddhist Monastery) in the United Kingdom, the Forest Tradition of Ajahn Chah has spread throughout Europe, the United States and the British Commonwealth. The dhamma talks of Ajahn Chah have been recorded, transcribed and translated into several languages.

More than one million people, including the Thai Royal Family attended Ajahn Chah’s funeral in January 1993 held a year after his death due to the “hundreds of thousands of people expected to attend”. He left behind a legacy of dhamma talks, students, and monasteries. The little I know of Buddhism teaches me to practice His Noble Teachings. It follows therefore the importance of listening to practising Buddhist monks who actually command respect, not by their titles! They don’t mean anything to me. Not familiar with various Nikayas, I think Buddhist monks should have both their shoulders properly covered in the interests of propriety! Though not a vegetarian, I believe in Ahimsa as even little spiders feel pain. Though my wife is scared of them, I tell her they are scared of her, more to the point! So, I catch the innocent crawly creatures by hand to throw them out of harm’s way! We have stopped the practice of throwing inevitable food waste into Council provided bins, instead collect them on a regular basis to feed wildlife we have in abundance around rural Wales we live in. They are all gone the following day including old marrow bones after our two little dogs finish with them! It gives us great pleasure! In the end, it all boils down to respecting Mother Nature! It’s Mother’s Day today to remember Mother Nature and how proud I am of my surname!

Sunil Dharmabandhu

Wales, UK

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Opinion

East awaits PM Modi’s visit

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PM Modi

Former Vice Chancellor, Eastern University

President, Batticaloa District Chamber of Commerce, Industries, and Agriculture (BDCCIA)

It has been announced that Prime Minister of India Narendra Modi will be visiting Sri Lanka this week

It is also understood that the Prime Minister will meet the Sri  Lankan leaders and hold formal meetings for discussion and action. There will likely be many issues on the agenda.

However, in a country with centuries-old ties to India and a significant population with strong affiliations to the Indian people, it will be a pity if the Prime Minister were to limit his engagements to government representatives alone. While parliamentarians may be an obvious choice for meetings, they have already engaged with Indian counterparts frequently. It would be more relevant for the Prime Minister to meet with representatives from business sectors, trade unions, and chambers of commerce to gain a broader and more practical understanding of Sri Lanka’s economic landscape and its relations with India.

The Eastern Province, in particular, has a special claim for attention. The Indian government has previously indicated its commitment to developing the East, and it is crucial to have direct discussions with communities in the Eastern Province to understand their issues and the agreements India is willing to pursue in relation to development. If this does not happen, the Eastern Province risks being, once again, misled by promises that never materialise—a mirage that keeps its people hopeful but ultimately unfulfilled. The East has long remained in the blind spot of development, acknowledged but never truly engaged, resulting in rising poverty and unemployment. It desperately needs a concrete programme for meaningful restoration and growth.

Batticaloa, in particular, lacks both the political backing that Ampara enjoys and the economic advantage of Trincomalee, which benefits from its harbour. Without targeted intervention, Batticaloa and other underserved areas in the East will continue to lag behind.

India needs to be more aware of the Eastern Province’s potential if it is to play a constructive role in its development. The region is naturally gifted with abundant resources, making it highly suitable for agriculture, fisheries, dairy farming, and tourism. It has vast lagoons, water bodies (Thonas) that connect to the sea, forests, and coastal ecosystems—elements that create immense economic potential. India has expertise in all these sectors, and tourism, in particular, could thrive with increased engagement, given the presence of Hindu temples of cultural and religious significance to the Indian population.

The dry zone, which dominates the North and East, shares similarities with Indian landscapes, making it ideal for cultivating crops and flowers with mutual trade agreements. Expanding fisheries within the 200-mile exclusive economic zone in the East, as well as harnessing ocean floor resources, presents a valuable opportunity for both India and the Eastern Province. Additionally, the large cattle population in the region could greatly benefit from India’s expertise in dairy production, as India is the world’s largest milk producer. The vast lagoons in the East rival those of Kerala, offering significant potential for inland tourism with boat services and associated activities.

The scope for development is clear, but what remains uncertain is India’s real commitment as a development partner, as stated by the Sri Lankan government. The Prime Minister’s visit must engage with all communities to ensure transparency and assurance that the East will not be left behind.

It is also crucial for the Eastern Province to be treated with the same level of importance as the North. The North has its own dedicated branch of the Indian High Commission, and the Malayagam community has established formal links with India. However, the Eastern Province appears to be the forgotten limb in this equation, and this neglect must be addressed.

The Eastern Province also continues to grapple with unresolved issues from the past conflict, including physical and cultural encroachments. The region was separated from the North through a court ruling two decades after the Indo-Sri Lanka Agreement’s merger of the North and East, yet it has never had the referendum required by law. India’s interests in Trincomalee and its harbour are well known, but the larger population of the Eastern Province is still awaiting India’s engagement in the region’s overall development. The people in the East want India to be truly committed to facilitating progress in their region, and will eagerly look to see that its actions reflect that commitment.

Let us hope that this visit brings a mirror of true reflection and action, rather than be another mirage of unfulfilled promises.

by Prof. Emeritus Thangamuthu Jayasingam

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