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2020 GE: Polls monitors get about Rs. 56 mn from donors

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…another Rs. 2.5 mn to ensure peaceful election

by Shamindra Ferdinando

 Two leading polls monitors-PAFFREL (People’s Action for Free and Fair Elections) and CMEV (Center for Monitoring Elections) received approximately Rs 50 mn and Rs 6 mn respectively from donors in support of their operations.

 Executive Director of PAFREL Rohana Hettiarachchi and National Coordinator of CMEV Manjula Gajanayake said that they would be issuing detailed reports soon on the operation undertaken at the 2019 general election.

The Island sought explanation regarding their operating expenditure after they revealed the high cost of electing an MP. The PAFFREL estimated the cost of electing an MP at approximately Rs. 55 mn whereas the CMEV estimated the cost at about Rs. 77 mn.

 In terms of the Right to Information Act enacted on Aug 4, 2016, the public could seek information even from civil society organisations that receive foreign funding.

 Asked to explain the vast discrepancy in the amounts mentioned by the two organisations, Hettiarachchi said that his outfit divided the Election Commission (EC) allocation amounting to Rs 10 bn by 196 as the remaining 29 members were appointed through the National List. Responding to another query, Hettiarachchi said that PAFFREL didn’t take expenses borne by political parties, individual contestants as well as the funds received by them in support of their campaigns.

 Gajanayake pointed out that the CMEV, having estimated the EC budget for 2019 parliamentary election at Rs 8.5 bn, also took into consideration funding received by political parties and individual contestants from various sources, both here and overseas. Therefore, the CMEV on the basis of all estimated funds received by those in the fray placed the cost of electing a lawmaker at Rs 77 mn.

 Gajanayake noted that some contestants spent extravagantly on costly television and social media campaigns.

 Both Hettiarachchi and Gajanayake emphasized that corona epidemic caused sharp increase in the EC’s budget. The poll couldn’t be held as originally planned on April 25, 2020 due to the outbreak of epidemic in the second week of March.

 Asked how the CMEV had funded its polls monitoring project, Gajanayake said that the Management Systems International Inc. provided required funds amounting to Rs 6 mn. Gajanayake said that a detailed report would be prepared though he was unable to go into details at the moment. According to Gajanayake, their primary objective was to ascertain the expenditure incurred by political parties for propaganda. “We bought nine television sets, four lap tops, six hand phones and some desks and chairs required by the staff,” Gajanayake said, adding that the monitoring process was carried out over two months by 40 staff and two permanent employees. Gajanayake said that they worked as many as 18 hours a day on some days. The CMEV attributed two day workshop for the staff, other training programmes and facilities to the overall cost of the operation amounting to Rs 6 mn.

 The Management Systems International Inc is a powerful US consulting organisation engaged in a spate of projects in various parts of the world, including Asia.

 Hettiarachchi said that PaFFREL received funding amount to Rs 50 mn from about seven donors, including Norway and Canada. Responding to another query, Hettiarachchi said that a detailed account would be released later. “We provided 550,000 face masks to the EC in support of the operation. Face masks were distributed among polling booths countrywide in case some voters turned up without face masks.”

PaFFREL conducted the largest operation countrywide thanks to sufficient funds provided by donors.

Meanwhile, executive director of CaFFE (Campaign for Free and Fair Election) Ahamed Manas Makeen yesterday told The Island that in spite of submitting several proposals seeking donations he couldn’t raise funds for countywide polls monitoring work. However, a foreign mission provided Rs 2.5 mn to undertake an initiative to promote a peaceful election. According to him, promoting a peaceful election differed from conducting a countrywide polls monitoring operation.

Gajayanayake said that CMEV published advertisements in the media requesting information from public regarding campaign finances. However, public response was low, Gajanayake said, adding that much more organized effort on the part of the civil society was needed to further improve the election process.

Police headquarters spokesman and attorney-at-law Jaliya Senaratne said that the general election was peaceful. There hadn’t been serious violence in any part of the country though there were some clashes between supporters of TNA heavyweight M.A. Sumanthiran and Sashikala, wife of slain TNA lawmaker Nadarajah Raviraj.

 



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Dispute over cobalt-rich seabed: FSP alleges India exploiting hapless Lanka

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Pubudu Jagoda

… Indian HC denies dispute

By Shamindra Ferdinando

Top spokesperson for Jana Aragala Sandhanaya, Pubudu Jagoda, yesterday (12) said that India was brazenly exploiting the continuing political and economic crisis here to secure rights to explore a cobalt-rich underwater mountain in the Indian Ocean, situated in an area staked by Sri Lanka in terms of Article 76 of the United Nations Convention on the Law of the Sea (UNCLOS).

Jagoda, who also represents the Peratugaami Pakshaya (Frontline Socialist Party), a breakaway faction of the JVP, said so when The Island sought further clarification after he discussed the developing situation with India, in an interview with Asoka Dias on Sirasa ‘Pathikada.’ telecast earlier in the day.

Jagoda told The Island that the unprecedented Indian move on Afanasy Nikitin seamount that lies entirely within an area, also claimed by Sri Lanka way back in 2009 as being within the boundaries of its continental shelf, should be a warning to both the government and the Opposition.

The former JVPer declared that Jana Aragala Sandhanaya would take up this issue vigorously in the run-up to the forthcoming presidential election. Jagoda emphasized that India took advantage of hapless Sri Lanka while frequently uttering like a mantra its self-proclaimed Neighbourhood First Policy and Security and Growth for All in the Region (SAGAR). The Peratagaamis-led grouping recently pledged to contest both the Presidential and Parliamentary polls.

While asserting that political parties represented in Parliament, along with the government, lacked the courage to take up this issue with India, Jagoda therefore urged the Wickremesinghe-Rajapaksa government to deal with it diplomatically at the highest level.

The Indian High Commission spokesperson said there was no dispute and asked The Island to refer to a statement dated July 08, 2024 issued by Sri Lanka Ministry of Foreign Affairs.

Appearing on ‘Pathikada’, Jagoda questioned the failure on the part of the government to respond to the Indian move much earlier.

Pointing out that India sought the intervention of Kingston Jamaica-based International Seabed Authority (ISA) to secure approval for exploration of cobalt-rich ferromanganese crusts located at the Afanasy Nikitin seamount thereby undermined Sri Lanka’s efforts to win recognition of the outer limits of its continental shelf, Jagoda said that India seemed to be resorting once again to bullying tactics.

War-winning President Mahinda Rajapaksa, who always jealously guarded the country’s interests, made Sri Lanka’s claim on May 08, 2009, as ground forces were engaged in the last phase of operations on the Vanni east front. The war was brought to a successful conclusion 10 days later.

Jagoda explained how India unfairly pressured Sri Lanka over Chinese research ship visits, finally leading to the government to declare a ban on such stays during whole of this year. The FSP spokesman also expressed concerns over the Katchatheevu issue, massive Indian poaching and the recent death of a Special Boat Squadron (SBS) member as a result of aggressive maneuvers resorted to by an intercepted trawler off Kankesanthurai.

Jagoda alleged that poaching on such a scale couldn’t take place without India’s tacit approval. “They have a much bigger Navy and significant Coast Guard assets therefore there cannot be any excuse for not being able to effectively hinder crossing of the Indo-Lanka maritime boundary at will by their poachers,” Jagoda said. Declaring that destructive bottom trawling had been banned in Indian waters though the invading Indian fishing fleet freely adopted the highly harmful method in our waters, Jagoda alleged that New Delhi conveniently turned a blind eye to what was going on in the neighbour’s waters.

Referring to the dispute over the Indian claim contrary to that of Sri Lanka, the FSPer said the Indian media coverage of the issue indicated that they intended to go ahead with the exploration of the cobalt rich region. Reference was made to India reaching agreement with Taiwan to undertake the exploration amidst rising tensions between China and India.

Acknowledging that the two issues – Sri Lanka’s submission made in terms of UNCLOS in 2009 and India’s appeal to ISA this year – were before the UN as declared by Sri Lanka Foreign Ministry, Jagoda said that the government should discuss the contentious matters with India without further delay.

Jagoda said that no political party represented in Parliament so far commented on the developing situation.

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Another FR petition to stay Presidential Poll at 11th hour

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Another fundamental rights petition was filed in the Supreme Court yesterday (12), requesting the court to prevent the Election Commission from declaring the next presidential election.The petitioner, a lawyer by profession, has argued that the 19th Amendment to the Constitution, which reduced the President’s tenure to five years from six, was not passed properly.

He has argued that the 19A must be approved by the people at a referendum and holding a presidential election, as per the aforementioned amendment, is a violation of the Constitution.

The members of the Elections Commission, the Secretary General of the Parliament and the AG were named as respondents.

The petition says that the 19th Amendment strips the President of the power to dissolve Parliament a year after it was elected. The Supreme Court at that time said the provision had to be approved by the people at a referendum for it to become law. A referendum was never held, and therefore 19A could not be considered law.

The petitioner has said the Elections Commission is planning to hold a presidential election this year based on 19A and that it is unconstitutional to hold the election until 19A is subjected to a referendum.

The petitioner has asked the Supreme Court to declare the holding a presidential election, five years into the term of the President, unconstitutional. He also urged the court to instruct the Secretary General of Parliament to subject 19A to a referendum.

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COPF uncovers major failings in online visa procurement process

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Harsha de Silva

The Committee on Public Finance (COPF), chaired by Dr. Harsha de Silva, released a critical report revealing major discrepancies in the procurement process and agreement with a Consortium, comprising GBS Technology Services, IVS Global-FZCO, and VF Worldwide Holdings Ltd.

Issuing a press release, MP de Silva said the Committee’s findings highlight significant concerns and recommend urgent corrective actions.

The COPF found that the company got the deal through an uncompetitive Procurement Process

“The Consortium was appointed without a competitive bidding process, preventing the Department of Immigration and Emigration (DOIE) from securing the best value for money.

“Proposals were submitted before finalising the System Specification Requirement (SSR), raising concerns on procedural integrity.

“Critical Issues Identified:

Unclear Fee Structure: Lack of transparency in fee components, including discrepancies in service fees and convenience fees.

“Data Breach and Termination: A significant data breach was reported by a major travel vlogger in May 2024 potentially triggering a termination clause.

“Conflicting Exclusivity: The exclusivity granted to the Consortium contradicts the presence of existing service providers and the recommendation by the evaluation committee.

“Uninvested Funds: The USD 200 million investment promised to Cabinet remains uninvested and not mentioned anywhere in the agreement.

“Terminated Service Provider: Mobitel, the previous ETA service provider since 2012, submitted multiple proposals for system improvements and a comprehensive proposal for new services was overlooked.

“Recommendations:

Comprehensive Forensic Audit: The COPF recommends that the Auditor General undertake a comprehensive forensic audit of the entire procurement process. This audit should be completed at the earliest opportunity to serve as the foundation for necessary actions, which could include abrogating or amending the Consortium Outsourcing Agreement.

“Data Protection Measures: The COPF urges the Ministry of Public Security (MOPS), DOIE, and the Sri Lankan Data Protection Authority to review the KPMG report and take immediate and decisive actions to ensure the complete security and protection of all data handled through the ETA application process.

“Dr. Harsha de Silva, Chairman of COPF, stated, “The absence of a competitive bidding process in the procurement of online visa services has likely resulted in an agreement that does not provide the best value for money. Our findings call for immediate action by the Auditor General to address these critical issues and ensure transparency and accountability, which could even mean abrogation of this agreement.”

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