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‘War crimes’: Not only individuals but also entire fighting divisions ‘blacklisted’ – Foreign Minister

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Basis on which US denied visa to GR remains a mystery

By Shamindra Ferdinando

Foreign Minister, Ali Sabry, PC, yesterday (05) said entire fighting divisions which had been deployed on the Vanni front during Eelam War IV (2006-2009) had been ‘blacklisted’ on the basis of findings made by the Geneva-based United Nations Human Rights Council (UNHRC).

Minister Sabry called it a move to tarnish Sri Lanka’s image. He said so when The Island asked him how President Ranil Wickremesinghe’s government intended to counter an attempt by a section of the international community to adopt punitive measures against senior military personnel such as Field Marshal Sarath Fonseka, MP, Chief of Defence Staff General Shavendra Silva, and Maj. Gen. (retd.), Chagie Gallage, on the basis of unsubstantiated allegations.

The issue came up at a media briefing called by the Foreign Ministry to explain the current state of affairs with the focus on staff-level agreement with the International Monetary Fund (IMF) with regard to USD 2.9 bn loan facility and the forthcoming Geneva sessions.

Minister Sabry will lead the delegation for the 51 sessions next week. Justice Minister Wijeyadasa Rajapakse, PC will be among the delegates.

Foreign Secretary Aruni Wijewardane, a retired member of the Sri Lanka Foreign Service, too, responded to some of the issues raised by the media.

Minister Sabry said that in addition to the individuals mentioned, the entire Divisions had been targeted. The President’s Counsel also made reference to obstacles faced by the military in undertaking missions under UN command due to unsubstantiated allegations directed at them.

When The Island questioned the reluctance on the part of the Foreign Ministry to properly defend the war winning armed forces, particularly the inordinate delay in exploiting disclosures made by Lord Naseby in the UK House of Lords, Minister Sabry emphasized that the ministry hadn’t been hesitant. The Minister explained that they had addressed this issue at different levels.

An explanation was also sought as to why UN accusations pertaining to the massacre of as many as 40,000 Tamil civilians on the Vanni east front couldn’t be countered on the basis of exposed classified UK diplomatic dispatches.

Lord Naseby made the shocking disclosure in the House of Lords in Oct 2017.

Asked whether the US denied visa to President Gotabaya Rajapaksa over his role as the wartime Defence Secretary, Minister Sabry said that he was not aware of such a situation.

President Gotabaya Rajapaksa had to seek shelter in Male in mid-July before flying to Thailand after the US refused to issue him a visa. Responding to another query, Minister Sabry said that he didn’t inquire from the former President about the circumstances he was denied the visa.

Responding to other print and electronic media, the former Justice Minister stressed that Sri Lanka was ready to form a Truth Seeking Commission to address the grievances of those who suffered during the conflict. The President’s Counsel said there was a responsibility on the part of the government to ensure that the armed forces, too, get an opportunity to answer accusations directed at them.

Minister Sabry reiterated the stand taken by his predecessor Prof. G. L. Peiris that whatever the solution that couldn’t be outside the Constitution under any circumstances. The minister stressed that President Wickremesinghe’s government was prepared to set up a domestic mechanism (Truth Seeking Commission) in line with the Constitution.

Minister Sabry said that an external mechanism established to gather evidence pertaining to alleged war crimes was not acceptable to Sri Lanka.

At the onset of the briefing, Minister Sabry explained that the staff level agreement with the IMF entirely depended on the success in working out debt restructuring plan with Sri Lanka’s creditors. Referring to President Wickremesinghe policy statement and the interim budget, Minister Sabry explained measures taken by the government to improve the ground situation.

The Foreign Minister strongly defended measures taken by President Wickremesinghe to restore law and order. Acknowledging that those who had been struggling to make ends meet launched street protests, Minister Sabry alleged that certain elements exploited the situation. The failure to take countermeasures would have plunged the country into a vicious circle of violence, Minister Sabry said, alleging a section of the foreign media of giving only one sided story.

Minister Sabry said that if the anarchic situation was allowed to continue we would have ended up like Libya, Iraq or Venezuela. In spite of them having quite extensive natural resources, they still couldn’t recover as their institutions had been destroyed, the minister said.



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BASL calls for conscience vote on 22nd Amendment

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The Bar Association of Sri Lanka (BASL) yesterday called on all political parties, represented in Parliament, to allow their members to vote on the proposed 22nd Amendment to the Constitution according to their conscience, stressing that the responsibility for deciding whether the Bill should be enacted now rests with Parliament.

In a statement issued after the Supreme Court’s determination on the 22nd Amendment Bill, BASL President Rajeev Amarasuriya and General Secretary Nalin de Silva have said the SC’s determination should not be interpreted as an endorsement of the proposed constitutional amendment as a matter of policy.

The BASL has said the SC’s jurisdiction, under Articles 120, 121 and 123 of the Constitution, was to determine the constitutional requirements for the enactment of the Bill, including whether the Bill, or any of its provisions, required approval at a referendum under Article 83.

“The determination is therefore not a determination as to whether the proposed amendment is good or bad policy, desirable or undesirable, wise or unwise, or whether Parliament ought to enact it,” the BASL said.

Full text of the BASL statement: The Supreme Court has now delivered its Determination on the Twenty-Second Amendment to the Constitution Bill and determined that the Bill does not require the approval of the People at a Referendum.

In terms of Articles 120, 121 and 123 of the Constitution, the jurisdiction of the Supreme Court in relation to the Bill is to determine the constitutional requirements for its enactment, including importantly whether the Bill, or any provision thereof, requires the approval of the People at a Referendum by virtue of Article 83.

The Determination is therefore not a determination as to whether the proposed Amendment is good or bad policy, desirable or undesirable, wise or unwise, or whether Parliament ought to enact it.

This distinction is also evident from Sri Lanka’s previous constitutional amendments. During the 48 year history of the second republican Constitution there have been many amendments which passed constitutional muster but nevertheless had a negative effect on democracy, constitutionalism, the independence of the judiciary and the rule of law.

The question that now arises is whether Parliament ought to enact the proposed Amendment. That responsibility rests with Parliament and with each individual Member of Parliament when they vote on the Bill.

In making that decision, Members of Parliament should be mindful of the possible and probable consequences the 22nd Amendment will have on our nation. They should also consider the lack of transparency and a proper consultative process in the introduction of the 22nd Amendment. As representatives of the people they should also consider the concerns that have been expressed in relation to the proposed Amendment by a broad cross-section of society including the Maha Nayakes of the Three Nikayas, the Catholic Bishops’ Conference in Sri Lanka, the Church of Ceylon, the Bar Association of Sri Lanka, the Judicial Service Association, the Commonwealth Lawyers Association, LAWASIA, the International Association of Judges, the United Nations Special Rapporteur on the Independence of Judges and Lawyers, the French National Bar Council, and more than 40 Professional Associations and Unions, including the Government Medical Officers’ Association and other leading professional bodies.

Accordingly, the Bar Association of Sri Lanka calls upon all the political parties in Parliament to allow the Members of Parliament to speak and vote on the 22nd Amendment according to their conscience.

The responsibility now lies with Members of Parliament, when called upon to vote, to take a principled position according to their conscience giving due consideration to their constitutional responsibility, their representative capacity and most importantly their duty to the sovereign People of Sri Lanka.

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IMF: Sri Lanka on course for 2027 market return

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SL to regain access to international financial and capital markets next year in line with IMF projections

Sri Lanka is on course to regain access to international financial and capital markets around 2027, in line with the International Monetary Fund’s (IMF) current economic projections, IMF Mission Chief Evan Papageorgiou said yesterday.

Papageorgiou said the IMF’s core assumptions under Sri Lanka’s economic programme continued to envisage the country returning to international capital markets in 2027.

“Our previous assumption that Sri Lanka will go back to capital markets still stands. We still have a good trajectory to achieving this in 2027 or thereabouts, and that should be the goal,” he said.

Papageorgiou stressed that Sri Lanka could not rely solely on domestic sources of financing to build long-term economic resilience and would need a diversified funding strategy.

“Every country needs to have a good ability to access funds both in domestic markets, as it already has, as well as international markets for eurobonds and other modes,” he said.

He said a return to international capital markets would have significant implications for Sri Lanka’s external debt composition, while strengthening foreign exchange reserves would remain essential as the country prepares to meet future debt-servicing obligations.

The IMF’s assessment comes amid improving international investor sentiment towards Sri Lanka and positive developments in the country’s sovereign credit ratings.

Papageorgiou cited Fitch’s recent upgrade of Sri Lanka’s credit rating as a positive development, saying global investors were increasingly viewing the country from a more constructive perspective.

Sri Lanka remains under the IMF’s Extended Fund Facility (EFF) programme, which is scheduled to continue until March 20, 2027. Regaining access to international capital markets remains a key milestone under the country’s broader economic recovery.

The IMF has stressed the importance of rebuilding Sri Lanka’s foreign exchange buffers and maintaining stability in domestic financial markets as the country approaches substantial external debt repayments.

A sustained improvement in these areas would help strengthen the country’s capacity to return to international markets while safeguarding macroeconomic stability, the IMF has indicated.

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President appoints three new judges to High Court

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From Left: New HC judges Perumal Sivakumar, Anandi Kanagaratnam and Gnanesha Lalith Kannangara receiving their letters of appointment yesterday from the President

President Anura Kumara Dissanayake yesterday (23) handed over appointment letters to three Special Grade officers of the Judicial Service as High Court Judges, at a ceremony held at the Presidential Secretariat, according to the President’s Media Division (PMD).

The new appointees are Perumal Sivakumar, District Judge of Jaffna; Anandi Kanagaratnam, Senior Assistant Secretary of the Judicial Service Commission; and Gnanesha Lalith Kannangara, District Judge of Colombo.

The three senior Judicial Service officers will take up duties as High Court Judges following their appointments.

The appointments were made from among Special Grade officers of the Judicial Service, the PMD said.

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