Connect with us

Midweek Review

A deal on ECT at the Colombo harbour

Published

on

By Shamindra Ferdinando

Sri Lanka Muslim Congress (SLMC) leader Rauff Hakeem, MP, recently told The Island that Sri Lanka had no option but to involve India in the development of the deep water facility, the East Container Terminal at the Colombo Port, which has been built to accommodate the largest container ships that ply around the world carrying as many as 16,000 containers (TEUs), like its competing Chinese-run Colombo International Container Terminal also in the more recently built and what is known as the Colombo South harbour.

The Samagi Jana Balavegaya (SJB) Kandy District lawmaker said so in response to the writer seeking an explanation as regards his stand on the issue at hand in the wake of his quite controversial statement on Derana ‘Wadapitiya’, anchored by Chathura Alwis.

In response to The Island assertion that the SLMC leader took a bold but factual stand on the matter and  responded: “Why beat around the bush? That is the truth.”

He hit the nail on the head, when Attorney-at-Law Hakeem declared that due to the Colombo harbour’s very heavy dependence on Indian transhipment cargo, there was no choice.

Having first entered Parliament in 1994 on the People’s Alliance (PA) National List, Hakeem took over the leadership of the SLMC soon after its founder leader M.H.M. Ashraff was killed in a helicopter crash in September 2000.

Amidst a simmering dispute over alleged Indian investment in the ECT that had engulfed the SLPP administration, Hakeem is the only lawmaker to publicly come out with the somewhat unpalatable truth that the bulk of Colombo port’s business come from Indian transhipment cargo. Hakeem, who has been in the PA, UPFA (United People’s Freedom Alliance) and the UNF (United National Front) governments as a Cabinet Minister didn’t mince his words and quite surprised the other participants, Wasantha Samarasinghe (former JVP MP and its current Anuradhapura District leader) and State Ministers, D.V. Chanaka (Hambantota District) and D.B. Herath (Kurunegala District).

Hakeem joined the programme after its commencement but lucidly explained his stand on a number of matters, including the simmering dispute over cremation of Muslim Covid-19 victims and the high profile ECT transaction. The SLMC group, within the 54-member SJB, consists of five lawmakers, including Hakeem. Hakeem recently suffered a severe setback when his four other MPs in Parliament voted for the SLPP’s 20th Amendment last October, while he alone from his party voted against it.

Besides the yahapalana regime, in which Hakeem’s SLMC was a full partner, had already muddied the Lankan waters by giving away the Hambantota Port to China on a 99-year lease. So it is only natural for New Delhi to have a foothold in Colombo with the ECT. Even our comrades, the JVP, though now making lots of noise over ECT going to the Adani Group of India, hardly murmured a word in protest when it was cavorting with the yahapalana regime at the time of the virtual sale of Hambantota to the Chinese.

The Kandy District MP, who had previously held the Ports and Shipping portfolios, said that the SLPA (Sri Lanka Ports Authority) owned JCT (Jaya Container Terminal) in addition to Unity Container Terminal. The SLMC leader emphasized the need to further develop JCT whereas CMPH (China Merchant Port Holdings) managed Colombo International Container Terminal (CICT) and Keells-led conglomerate owned South Asia Gateway Terminal (SAGT) conducted their operations successfully.

Amidst the simmering ECT issue, the former Minister declared that though some opposed foreign investment in such strategic projects, the country facing a daunting financial crisis had no option but to accept the Indian investment.

Ironically when the SLPA advertised the Colombo South Harbour for investment after it built its breakwater with a USD 300 million loan from the Asian Development Bank after the end of the war, India was not interested and for that matter no one else made any worthwhile offer other than the Chinese. However as in the case of Hambantota, New Delhi awakened to its value when the China Merchant Port Holdings singlehandedly bid and obtained the CICT berth on a 35-year Build, Operate and Transfer agreement after 2010, with the SLPA holding a mere 15 per cent stake in the venture.

Lawmaker Hakeem asserted that the situation here could be stabilized by Indian involvement in the expansion of the overall Colombo Port operations. The SJB constituent took up the position that the country was in such a desperate situation, the incumbent government couldn’t afford to antagonize India.

 

How Indian investments can stabilize Lanka

Hakeem took a very clear stand on ECT as well as overall foreign investment in the ports and shipping sectors. The former Ports Minister articulated that against the backdrop of foreign investment in SAGT, the first public private partnership container terminal in Sri Lanka and also CICT, there couldn’t be any issue with regard to the agreed Indian investment.

SAGT launched operations in 1999. According to the SAGT: “The Company is a Board of Investment flagship entity with approximately 60% of Sri Lankan shareholding, and is backed by John Keells Holdings, APM Terminals, SLPA and Peony investments (subsidiary of Evergreen Marine Corporation).”

State Minister Herath interrupted MP Hakeem to raise a question though the former ignored the SLPP politician.

Hakeem declared that under no circumstances he would say not to accept Indian investment though the final decision lies with the incumbent government. The former Shipping Minister made reference to current Ports and Shipping Minister Rohitha Abeygunawardena declaration that 49 per cent of the ECT ownership would be foreign and the remaining 51 owned by the government. SLPA holds just 15 per cent each of SAGT and CICT. The SAGT deal is for a 30-year period on BOT (Build Operate and Transfer basis) whereas the agreement on CICT covers 35 years.

Hakeem’s stand drew opposition from all other participants, including Chathura Alwis. However, Hakeem stood firm on his stand regardless of consequences. The SLMC leader asserted that Sri Lanka couldn’t turn a blind eye to the need to appease India. Declaring that Sri Lanka had appeased India before, Hakeem, turning towards Wasantha Samarasinghe emphasized the country should come to terms with the reality.

State Minister Chanaka asked Hakeem whether the previous yahapalana government entered into a MoC (Memorandum of Cooperation) with India in respect of the ECT. Hakeem however conveniently side-stepped the query, while JVPer Samarasinghe said that was finalized in May 2019.

After having been an active team player in the much muddied yahapalana rule, MP Hakeem however had the nerve to ridicule the incumbent government’s much touted ‘neutral’ foreign policy. “I haven’t the slightest idea what this government meant by neutral or balanced foreign policy. If we took a non-aligned stand, the public can clearly understand what the government intended. How one can balance the foreign policy,” MP Hakeem said.

 

Hakeem silent on inter-terminal transport crisis

Trade union leader Samarasinghe alleged that one-time Ports and Shipping Minister Hakeem conveniently failed to mention the crisis caused by what the JVPer called inter-terminal transport.

Samarasinghe alleged that the inter-terminal transport was in a mess. For want of sufficient space within the harbour area, vessels couldn’t be unloaded. Samarasinghe claimed that successive governments caused unprecedented deterioration due to giving the relevant contract to immensely politically influential people outside proper tender procedures.

MP Hakeem without hesitation acknowledged the crisis within the harbour, in addition to the simmering issue over the ECT.

State Minister Herath sought MP Hakeem’s opinion on the leasing of the Hambantota Port for a period of 99 years to CMPH in late July 2017. Having been a partner to that  pact, MP Hakeem naturally defended the agreement on Hambantota Port to the hilt. Hakeem had been a member of the Cabinet of the yahapalana government that finalized the controversial deal on the Hambantota Port. The then Ports and Shipping Minister Arjuna Ranatunga strongly opposed the deal. UNPer Ranatunga’s stance finally led to him being replaced by SLFPer Mahinda Samarasinghe. Ranatunga was replaced on May 22, 2017. The former national cricket Captain received the Petroleum Resources Development Ministry as a consolation prize.

Both the Minister and his brother, Dhammika objected to the deal whereas Vasudeva Nanayakkara on behalf of the Joint Opposition, moved the Supreme Court against the port transaction.

President Sirisena and Premier Wickremesinghe ensured the finalization of the controversial transaction following the delay caused by the opposition.

Panelist Samarasinghe asked Hakeem whether the yahapalana government used USD 1.2 bn received from CMPH to settle what we owed China. Warning Sri Lanka would run out of foreign reserves next year once debts were settled, MP Hakeem predicted an unprecedented financial crisis.

The SLMC leader asserted that except China all other countries were in deepening financial turmoil. The MP categorized Sri Lanka with Angola, Liberia and Lebanon. While acknowledging the economic deterioration started during the yahapalana administration, MP Hakeem faulted the incumbent government for not being able to tackle the situation.

Hakeem warned that unless the government and the Opposition worked together, the country would have to go down on its knees to international lenders as Sri Lanka had done before on many occasions. In spite of big boasts by some, those in power and others should be realistic and be aware of the challenges faced by the country. Hakeem predicted a massive tragedy. He expressed the view that against the backdrop of the incumbent government asking for foreign investments, it should be ready to consider investments in sectors preferred by those having the wherewithal. “We have to be realistic.”

Emphasizing the responsibility on the part of Sri Lanka to exploit the country’s strategic position in the East-West route on the Indian Ocean, the SLMC leader explained how the two strategic harbours in Colombo and Hambantota could be utilized.

Now that Sri Lanka had given controlling shares to one terminal at the Colombo harbour to China why not another to India, the SJB lawmaker asserted, demanding that Sri Lanka adopt a realistic approach as the country is desperately in need of foreign investment.

Subsequently, Hakeem suggested that the controlling shares of the ECT should be given to India, Japan though JVPer Samarasinghe insisted the SLPA could handle it. “With the installation of three gantry cranes, 400 m long ECT is in operation now. A further 800 m has to be built,” Samarasinghe said, asserting USD 400 mn investment was required. With the three cranes, ECT in op even now with the 440m already built, now had to build 800 m more, which required USD 400 mn.

Declaring the SAGT and CICT generated an annual income of USD 160 mn and 250 mn, respectively,

Samarasinghe asked why investors could not build a terminal in the remaining Western side. “It can be bigger than all existing facilities. Why do we have to give up lucrative ECT?”

Samarasinghe predicted in spite of claims that SLPA would receive 51 per cent and the investor 49 holding per cent, finally ECT, it too, was expected to be eventually shared in the proportion of 15 per cent to the SLPA and 85 per cent to the investor.

 

ECT aggravates Prez, PM dispute

The then President Maithripala Sirisena and Premier Ranil Wickremesinghe clashed over the ECT. The dispute caused rapid deterioration of yahapalana relationship in the run-up to the sacking of Wickremesinghe’s government on Oct 26, 2018. Wickremesinghe insisted on Indian investment whereas Sirisena rejected it. But, Wickremesinghe went ahead with the project regardless of the President’s intervention. Amidst deepening turmoil, Wickremesinghe brought in Japan into the picture.

On the instructions of Wickremesinghe, Sri Lanka, Japan and India signed a MoC on the ECT on May 28, 2019. According to an SLPA statement issued following the signing of the MoC, the GoSL through the SLPA retained 100% ownership of the ECT, while the Terminal Operatiing Company,  is jointly owned. Sri Lanka will hold a 51 per cent-stake in the project and the joint venture partners will retain 49%.

The ECT is positioned about 3 km away from the China-funded Colombo Port City on reclaimed land on Colombo’s sea front.

“Japan is likely to provide a 40-year soft loan with a 0.1 percent interest rate,” The Hindu quoted Sudarshana Gunawardana, Director of Development Communications at the Prime Minister’s office as having said. The SLPA then termed the “envisaged Japanese loan” as “one of the best loan terms Sri Lanka has obtained”.

What is not yet clear is whether the incumbent government intends to go ahead with the MoC finalized by Wickremesinghe or change it.

 

JVP, SJB on ECT deal

The JVP played a significant role in paving the way for the disastrous Maithripala Sirisena presidency. The likes of trade unionist Samarasinghe have conveniently forgotten how the JVP backed UNP’s presidential candidate Sirisena, the longstanding General Secretary of the SLFP. Having installed Sirisena, the UNP-led coalition comprising one-time LTTE mouthpiece Tamil National Alliance (TNA), the JVP, the SLMC pursued an agenda of its own. One shouldn’t be surprised by lawmaker Hakeem standing as a UNP breakaway faction the SJB still followed UNP strategies though Wickremesinghe obviously had no say in its affairs.

Chief Opposition Whip Lakshman Kiriella’s recent declaration that the government should take advantage of the constitution making process undertaken by the previous yahapalana government is a case in point.

Lawmakers Kirieilla and JVP leader Anura Kumara Dissanayake recently flayed the government over the decision to involve India’s biggest ports and logistic company Adani Group in the operation. Adani Ports and Special Economic Zone Limited seems to be confident of overcoming the obstacles. The project that had been delayed due to labour protests launched ahead of the last parliamentary polls in August drew stepped up condemnation of the SJB and the JVP.

It would be pertinent to ask whether the SJB and the JVP opposed only the involvement of Adani Group in the ECT development or disputed the MoC finalized in May 2019 in the run-up to Nov 2019 presidential polls by the previous regime, in which JVP and present day SJB members were partners?

SJB heavyweight Kiriella speculated whether the government intended to win over Indian Premier Narendra Modi by giving control of the ECT to billionaire Gautam Adani. Kiriella asserted that Sri Lanka couldn’t appease India by giving ECT to a close friend of Modi. Nothing can be further from the truth.

Obviously, the SJB hasn’t taken into consideration the roles played by India and Japan as well as Australia in the overall Indo-Pacific US strategy meant to counter the growing Chinese challenge. The US led coalition is still struggling to cope up with the vastly strengthened China relentlessly pursuing an anti- China policy.

 

A ‘Comprehensive Partnership’ with Japan

JVP leader Dissanayake is on record as having said that a director and a local shareholder of Shangri-La who had been involved with Viyathmaga, too, promoted the deal with Adani Group. The JVPer also alleged that the same person immensely benefited from recent government decisions to change import levies on sugar and coconut oil.

 

Outgoing US Secretary of State Mike Pompeo’s recent visit to New Delhi and Colombo highlighted their strategy. There is no doubt the Adani Group’s move on the ECT had been approved by the highest level of political leadership and the talk of Sri Lanka trying to appease India by involving Gautam Adani is nothing but bunkum.

The public should not forget the then Premier Wickremesinghe entered into a ‘Comprehensive Partnership’ with Japan in early Oct, 2015. In the following year on Oct 09, the training squadron of the Japanese Maritime Self Defence Force (JMSDF) was in Colombo to underscore the strengthening of the partnership. The writer had an opportunity to visit JS Kashima on the invitation of the Japanese Embassy in Colombo. Asked for a clarification as regards growing Japanese military role in Asia in support of the US as well as joint military cooperation among the US, Japan and India in response to the Chinese Challenge, Commanding Officer of the squadron Rear Admiral Hidetoshi Iwasaki explained the circumstances under which the Japanese forces could be deployed overseas along with the US.

Sri Lanka-Japan ‘Comprehensive Partnership’ should be examined taking into consideration three agreements sought by the US, the ACSA (Acquisition and Cross Servicing Agreement finalized in early August 2017), stalled MCC (Millennium Challenge Corporation) Compact and SOFA (Status of Forces) agreement. The recent US declaration that Sri Lanka wouldn’t be accommodated in the MCC Compact is unlikely to be the end of the US efforts to bring Sri Lanka under its control.

 As part of overall Western strategy, the US seeks a government receptive in Colombo. The US wants to deny China access to Sri Lanka. The US made an abortive bid to install the then General Sarath Fonseka as the President in January 2010. However, the US project succeeded at the January 2015 presidential election. The Sirisena-Wickremesinghe regime initially took a hardline stand on China. Some members of that administration responsible for Treasury bond scams in Feb 2015 and March 2016 alleged corruption couldn’t be tackled here unless Chinese investments were drastically pruned. Having accused China of promoting corruption here, the yahapalana administration ended up handing over the Hambantota Port on a 99-year lease to China.

In the run-up to the July 2017 Hambantota Port deal, former President Mahinda Rajapaksa accompanied by ex-External Affairs Minister and Chairman of the SLPP Prof. G.L. Peiris visited Beijing where the issue was discussed. During the weeklong visit in late 2016, they also visited Southern China. They urged the Chinese to stick to the original Hambantota development project to avert possible protests. They suggested it would be better to utilize 750 acres as originally planned. This suggestion was made against the backdrop of the then Development Strategies and International Trade Minister Malik Samarawickrema’s revelation that the Chinese wanted 15,000 acres of land in the Hambantota district for large scale development projects. In the second week of January 2017, Wickremesinghe launched the Hambantota project in spite of President Sirisrena’s objections. Wickremesinghe ignored Sirisena’s claim that the agreement hadn’t been finalized yet. Having launched the Hambantota project, Wickremesinghe declared that negotiations were underway with India and Japan for the development of the strategic Trincomalee Port.

With US-China hostility on the rise, Sri Lanka shouldn’t expect breathing space from either party. A much weaker economy as a result of the rampaging corona epidemic when compared with the time Gotabaya Rajapaksa won the presidency in Nov 2019, should prompt Sri Lanka to adopt an austerity drive.

 Let that begin at the Parliament, dubbed the most corrupt institution in the country by no less a person than one-time Justice Minister Dr. Wijeyadasa Rajapaksa, PC.



Midweek Review

SC gave country timely reprieve from visa scam:

Published

on

Authorities still unable to restore disrupted passport supply

Text and pic By Shamindra Ferdinando

The National People’s Power (NPP) government hasn’t been able to normalize the issuance of new passports and renewal of existing passports yet, while tens of thousands of desperately poor Lankans are trying to go abroad to earn a living, to keep their home fires burning, on top of well over a million of their fellow countrymen/women who are already doing so, without being a burden to anyone. The situation at the passport office is unlikely to be restored anytime soon.

The latest Foreign Employment Bureau data shows that a total of 312,836 Sri Lankans left the country for overseas jobs last year. Among them 185,162 were male workers, while 127,674 were female, who mainly work as housemaids.

In spite of the change of rulers. following the presidential election, the whole process remains thoroughly disorganized for want of uninterrupted supply of new passports.

For those seeking to obtain a new passport, at a cost of Rs. 10,000, will have to wait patiently for months. It costs twice that amount to obtain a PP through the Immigration and Emigration Department’s one day service. For those who are desperately poor, even Rs 10,000 is obviously astronomically high. The Department is unable to indicate when its normal service can be fully restored.

Foreign Minister Vijitha Herath recently acknowledged that the government is yet to choose a new supplier of passports. On the part of the troubled Immigration and Emigration Department, there is absolutely no hesitation in acknowledging the continuing crisis created by the previous regime, led by Wickremesinghe.

The previous dispensation failed to meet the growing requirement for passports, while at the same time it rushed headlong to finalise a controversial agreement for the issuance of online visas with the involvement of foreign entities at tremendous cost. That agreement came into operation on 07 May, 2024.

In terms of the hotly disputed agreement, inked between the Immigration and Emigration Department and a foreign consortium – GBS Technology Services & IVS Global-FZCO and its technical partner VF Worldwide Holdings Ltd., the latter received exclusive rights to process online visa applications.

Who facilitated the deal between the Dubai-headquartered consortium and the government of Sri Lanka? In June 2023, the Public Security Ministry received, what some called, unsolicited proposal though the writer believes that move had been in line with a conspiracy to terminate the existing agreement with state-owned enterprise Mobitel and the Immigration and Emigration Department. That proposal, titled ‘Comprehensive Proposal on E-Visa, Consular Services, Visa Services, Biometric Services and Tourism Promotion,’ was meant to pave the way for the new agreement. The Wickremesinghe-Rajapaksa government was in a hurry to conclude the agreement.

But the original proposal had been made in March 2022 before a violent protest campaign that targeted the ouster of President Gotabaya Rajapaksa got underway on 31 March, 2022, with their first demonstration outside his private residence at Mirihana. The same proposal was made to the Foreign Ministry, in October 2022, a couple of months after President Gotabaya Rajapaksa was forced out of office by violent protesters, who even stormed the official residence of the President, where he had taken up residence after he had to flee from his private home in March. The Dubai-based company then took up its proposal with the Public Security Ministry, in June 2023, and, following Cabinet authorization, the two parties finalized the agreement on 31 December, 2023.

The utterly corrupt decision that had been made without competitive bidding meant to ensure the best for the country, resulted in a shocking increase in visa fees – from the previously affordable $ 1 fee charged by Mobitel to a staggering $ 25 per visa. The issue exploded in the run-up to the presidential election. In fact, it was a major issue on the election platform. No less a person than NPP presidential candidate Anura Kumara Disanayake (AKD) dealt with the issue quite often as the Opposition fiercely attacked the Wickremesinghe administration over what was widely called ‘online visa scam.’

The absence of long queues doesn’t mean the situation is better. Unless the government takes remedial measures promptly, the situation is going to deteriorate, regardless of half-baked solutions provided by the government.

Under the leadership of Dr. Harsha de Silva, the Committee on Public Finance (CoPF) inquired into the matter. No holds barred investigation revealed that the previous visa service provider Mobitel had submitted several proposals to upgrade the system, all at a much lower cost – just $ 1 per visa, though the government selected the foreign consortium.

The question remained as to why the government ignored Mobitel’s offer and ended up paying so much more for a less secure system?

Widespread accusations pertained to the online visa scam and disruption of the new passport supply line, too, contributed to the unprecedented NPP victories at the presidential and parliamentary elections. The voting public realized the gravity of the situation as the Supreme Court stepped in and quashed the sordid deal in August 2024, just weeks before the presidential election.

The SC suspended the controversial visa scheme. The court ordered the immediate restoration of the low cost and efficient previous system run by Mobitel. The online visa scam dealt a crushing blow to Wickremesinghe’s presidential election bid.

A cumbersome process

The writer was among those present on the second floor of the Department of Immigration and Emigration at Suhurupaya, Sri Subhuthipura Road, Battaramulla on the morning of 08 January, 2025, when an official declared that those who wanted to obtain new passports sooner may comeback exactly in one month after handing over their applications, to make representations to a special committee tasked with expediting the process. That message was repeated on several occasions.

In the absence of a steady supply of new passports, the powers that be adopted a system meant to delay the entire process, much to the disappointment of the public. Regardless of the change of the government, the disgraceful system continues. Let me explain how hapless people are being harassed by an utterly corrupt and inefficient bureaucracy.

Having submitted photographs online to the Immigration and Emigration Department on 20 November, 2024 (the day before the parliamentary election), the writer was able to secure an appointment on 08 January, 2025, just to hand over the applications – 50 days from the day the writer submitted photographs via a studio as instructed by the Department.

After the handing over of an application, one has to wait for a month to make representations to the Department. But, there is no guarantee that the Immigration and Emigration committee can be convinced. Those who can afford may obtain a new passport through the ‘one-day service’ but at a very much higher cost. Those who boast of friendly and cost-effective government services owed the public an explanation as to why people are deprived of an opportunity to obtain a passport within a reasonable period of time.

It would be pertinent to mention that it could take as many as 80 days to meet the Immigration and Emigration committee from the day one submitted photographs online.

Advice offered by Immigration and Emigration official on the second floor underscored that there is no time-frame for issuance of passports for those depending on the normal service. The process can take a couple of months and the situation may take a turn for the worse if the government fails to reach agreement on a suitable supplier of passports.

The crisis in the Immigration and Emigration Department exposed the previous Cabinet-of-Ministers, headed by President Ranil Wickremesinghe. The decision-making process in respect of the issuance of online visa and shortage of new passports failed on the part of the Cabinet to ensure transparency in such a vital matter.

The Controller General of Immigration and Emigration, Harsha Illukpitiya, had to pay a huge price for playing ball with the then government. The SC, on 25 September, 2024, remanded Illukpitiya, on contempt of court charges for failing to implement the interim order and other orders in respect of the implementation of the electronic visa process. The SC three-judge bench, consisting of Justices Preethi Padman Surasena, Kumuduni Wickremasinghe, and Achala Wengappuli fixed the matter for inquiry on 22 January, 2025 (next Wednesday).

The SC dismissed Illukpitiya’s defence that his failure in this regard hadn’t been deliberate and the delay was due to technical issues. The whole issue should be examined taking into consideration the then President Ranil Wickremnesinghe’s efforts to put off the presidential election the way he made the Local Government polls disappear and the contemptible bid to retain Deshabandu Tennakoon’s services as the Inspector General of Police. The President’s move on the IGP was contrary to the SC decision pertaining to the controversial cop. But, Wickremesinghe until the very last moment sought to consolidate his hold through questionable means.

The UNP leader, for some unexplainable reason, went along with Public Security Minister Tiran Alles in the much discussed online visa matter and the IGP’s issue. The government should have realized the crisis it was heading for when the SC, on 02 August, 2024, issued an interim order suspending the contract given to a private consortium.

The SC issued this order after considering Fundamental Rights (FR) petitions filed by the then MPs M.A. Sumanthiran (ITAK), Rauff Hakeem (SJB), Patali Champika Ranawaka (SJB) and a few others. There were altogether eight petitioners.

During proceedings, on 25 September, 2024, President’s Counsel Sumanthiran asked the SC to remand Illukpitiya pending the conclusion of the cases. In a way, the SC brought the government down to its knees.

On a SC directive, the NPP government appointed the Additional Secretary of Public Security Ministry, B.M.D. Nilusha Balasuriya, as the Acting Controller General of Immigration and Emigration.

SC shows the way

Sumanthiran failed to get elected at the last general election, while United Republican Front leader Patali Champika Ranawaka skipped the election over differences with the SJB leadership. Hakeem got re-elected again on the SJB ticket. The SJB MPs joining ITAK heavyweight proved that political parties could work together to fight corruption at the highest level. Among the respondents were the then Minister of Public Security Tiran Alles, the Controller General of Immigration Illukpitiya, the Sri Lanka Tourism Development Authority, GBS Technology Services & IVS Global- FZCO, VFS VF Worldwide Holdings LTD, the Cabinet of Ministers and the Attorney General.

The successful action must encourage other lawmakers to move relevant courts if the government resorted to corrupt practices. Illukpitiya’s fate is nothing but an unprecedented warning to all those carrying out illegal orders, that they may face catastrophic consequences.

Following the SC order, Sumanthiran, Ranawaka and Hakeem addressed the media. Ranawaka declared: “We filed a case against the e-visa fraud. The Supreme Court, after examining the complaint, ordered the return to the old ETA (Electronic Travel Authorization) system until the case was resolved. However, the Controller General Illukpitiya failed to implement the order due to the influence of the former Minister and President, who acted in defiance of the law.

Ranawaka alleged that the former Public Security Minister’s overwhelming ego is the primary cause for this. “The ruling also serves as a lesson for public sector officials about blindly following politicians’ demands.”

The SC order demonstrated that the Cabinet of Ministers can be challenged, successfully. Let me remind you of the disclosure that former Cabinet colleagues of disgraced Health Minister Keheliya Rambukwella told police they approved his Cabinet proposal that paved the way for the procurement of substandard human immunoglobulin vials amid a shortage of medicines in the country because they trusted him.

Over a dozen ex-Ministers claimed that they wouldn’t have backed Rambukwella’s Cabinet proposal if they knew the Health Minister was making false claims. The police questioned them pertaining to the SC order in respect of that particular investigation.

The crux of the matter is whether members of the Cabinet, who backed the online visa fraud, can be subjected to CID investigations.

Alles is on record as having said that the Parliament unanimously approved the changes to the visa processes, including the introduction of several new visa categories, while the involvement of the foreign consortium in managing online and on-arrival visas was referred to the Cabinet of Ministers on two occasions and got its sanction.

Citizens’ actions

The massive fraud perpetrated by the government may have gone unnoticed if not for video clips of an irate passenger, later identified as Sandaru Kumarasinghe, lambasting the government for handing over the responsibilities to a foreign consortium.

At the behest of the government, the Katunayaka police recorded Kumarasinghe’s statement who fiercely criticized the foreign consortium for denying an online visa to his wife, a foreign citizen.

The Opposition capitalized on the angry public sentiment caused by Kuamarsinghe who questioned the Wickremesinghe-Rajapaksa government’s right to outsource such vital responsibilities to a foreign consortium at the expense of local competitors. The incident at the BIA in late April or early May, 2024, drew public attention.

Kumarasinghe’s declaration of Indian involvement in the operation, and subsequent statements, compelled the Indian High Commission in Colombo to issue the following statement: “We have seen reports and comments, including in social media, regarding Indian companies taking over visa issuance at Bandaranaike International Airport (BIA), Colombo. The companies referred to in these reports are not India-based or Indian and are headquartered elsewhere. Any reference to India in this context is unwarranted.”

The report of the Committee on Public Finance on the visa matter can be the basis of NPP government investigation. The circumstances under which Mobitel that had been providing services, since 2012, was discarded in spite of submitting proposals for system improvements in July and November 2020 (revised proposal) and in August 2023. The Immigration and Emigration Department unceremoniously rejected Mobitel’s strong stand that it had the required technological capacity. The powers that be had been determined to abolish their agreement with Mobitel despite it being a responsible state entity, at any cost. Who benefited from the deal with the Dubai-based company?

In the absence of proper mechanism to evaluate and supervise such major proposals, influential persons manipulated the process at will. There can’t be a better example than the Dubai-based company conveniently leaving out USD 200 mn investment earlier promised to make available for necessary technical equipment, software, and knowledge for system integration with the Immigration and Emigration Department.

Perhaps the Commission to Investigate Allegations of Bribery and Corruption (CIABOC), too, should look into this matter. The CoPF investigation revealed how the government can be manipulated with catastrophic consequences.

Continue Reading

Midweek Review

A Wildfire Has its Say

Published

on

By Lynn Ockersz

Vicious tongues of fire,

Are laying the land waste,

Reducing to smoking ruins,

Everything almost in their way,

Be they larger-than-life celebrities,

Glitzy palaces and newsy businesses,

And even the humble of the earth,

Eking out a painful existence,

They’re all fair game for these fires,

Which were let loose from the day,

The most intelligent animal,

Managed to find His voice,

And shaped it into a sword,

With a devastating double-edge.

Continue Reading

Midweek Review

On Academic ‘Un’freedom

Published

on

The issue of academic freedom is back in the conversation circuit in Sri Lanka, particularly on social media. And as usual in circumambience involving academic freedom, it has come up for all the wrong reasons. As one would expect, the new government has also been dragged into the controversy. The center of the storm is the action taken by the Acting Vice Chancellor of the University of Peradeniya to cancel a regular extra-curricular lecture at the university titled, “How to Fight Against the IMF Austerity Programme.” It was to be held on 2nd of January 2025 by the Political Science Students’ Association in collaboration with the International Youth and Students for Social Equality operating in the country via the Socialist Equality Party, the latter two being marginal political entities in the country.

Disrupting a lecture for whatever reason is a bad practice and precedent, particularly in a university, which by definition is expected to be a ‘universal’ space when it comes to ideas and thinking. The International Monetary Fund or the IMF has been the subject of innumerable global discussions ever since it was established in 1944 at Bretton Woods. The IMF’s rightwing approach to politics and callous disregard for human suffering in advancing its programmes have been the main reasons for inviting controversy globally. But in the present world, it has become ‘a necessary evil’ until such time it can be replaced by more humane organisations to carry out the same tasks.

Be that as it may, the lecture organised by the Political Science Students’ Association is an ordinary lecture of the kind often organised by student bodies across universities. Also, it very much sounds like the usual rhetoric against the IMF the world over. Given the political associations of the collaborators, it most likely would have also been a rhetorical affair on par with their general established slogans on the issue. That is to say, there was nothing unusual, unexpected or exceptional about the organization of the event, and no compelling concerns linked to national security or maintenance of law and order were evident that necessitated its cancellation.

When a university lecture is cancelled by a directive from above, it always leaves a bad taste in the mouth. This is particularly so when it is a blatant act of curbing academic freedom from within the establishment. Unfortunately, University of Peradeniya is not the first to embrace this practice in our country; neither would it be the last. I hope there would be consistent and insistent conversations within the university about what happened unless what Prof. Romila Thapar, the former Professor of History at Jawaharlal Nehru University in Delhi says about such situations have come to dictate the nature of the academic environment at University of Peradeniya too: “It is not that we are bereft of people who can think autonomously and ask relevant questions. But frequently, where there should be voices, there is silence.” Closer to home, Prof Savitri Goonasekere, a former alumna of the University of Peradeniya and a former Vice Chancellor at University of Colombo calls this the “studied silence of the university community.” The outcomes of these conversations or lack thereof remains to be seen.

The lecture had the approval of the Head of the Department of Political Science. Notwithstanding, the senior treasurer of the Political Science Students’ Association, who is a faculty member, had informed the association that he had received a message from the Acting Vice Chancellor channeled through the Dean, Faculty of Arts and the Head of the Department of Political Science requesting that the topic of the lecture be revised and recirculated. Alternatively, if the suggested change was not made, the lecture would be cancelled. According to information circulating on social media, the objective of the university administrators was to ensure the lecture did not question government policies. This itself is a curious position. President Dissanayake’s stance on the IMF is well-known, if one takes a moment to listen to many videos of his speeches prior to the election. Merely because the government has begun to work with the IMF as a matter of necessity, it would be misplaced to assume the IMF has become the government’s darlings in the donor universe.

This opens several issues. It compromises the authority and independence university departments must have to organise lectures and academic events as they deem fit. If the Head of the Department of Political Science had given permission for the talk to proceed, the Acting Vice Chancellor or the Dean should not have had any issues with it. But now, those two officials have not only intervened, effectively challenging the university’s innate academic freedom, but by channeling the cancellation order through the Head of the Department of Political Science, who had already approved it, has undermined his position, command and professional dignity. It is sad that the latter did not stand his ground, but what is even more regrettable is that it is such compromising that often allows academic ‘un’freedom to take root in academia.

The pressure from the university’s senior management to cancel a talk organised by a group of undergraduates because it may anger the powers that be, speaks volumes about the way in which many of these senior dons in contemporary times think and seek to operate. It is not their responsibility to make governments happy. In fact, it is their moral obligation to ensure that the space for fresh and innovative thought of their university remains intact, open and vibrant rather than turning it into an intellectual wasteland. But this is precisely how academic freedom is curtailed in countries like ours and elsewhere too. Often, senior administrators go out of the way, to find ways to perceivably make a regime happy and protect their own positions in turn. This is partially due to the extreme politicisation and parochialisation of universities — from the presidential appointment of Vice Chancellors downwards, but also from the relative loss of leadership qualities in universities in general.

Part of the discourse on the present incident suggests that there were calls from the government’s Education Ministry to find out what the lecture was about and to bring pressure upon the university to ensure its cancellation. But the Education Minister and Prime Minister, Harini Amarasuriya has gone on record in issuing a statement saying, “Universities must remain places where diverse opinions, including critiques of government policies, can be freely expressed and discussed without fear of suppression. Nevertheless, we express concern about any action that undermines democratic expression and open dialogue within academic spaces.” It is commendable that she intervened as she did. Taking this incident as a point of departure, the Ministry of Education and its agencies such as the UGC need to urgently intervene as a matter of policy to ensure this callous disregard for academic freedom coming from within academia does not become the norm under the new dispensation too, and destroys any possibility of debate and discussion in universities, thereby stunting the already mediocre or perhaps even non-existent creative thought processes and analytical skills of our youth.

It seems what has happened is that senior university administrators were overly keen to find ways to make their allegiance to the regime known. This trend is not limited to Sri Lanka. In different universities across South Asia in recent times, it has become evident that academic bureaucrats try to work overtime to show their fidelity towards the government, even if the government has not made specific demands. Some university of Peradeniya insiders say that the lecture was canceled due to lapses in the approval process. If this was the case, there are numerous internal administrative processes that could have been used to rectify the matter rather than taking the drastic action of canceling a lecture.

Whatever the exact circumstances surrounding the case might be, this needless cancellation of a talk has certainly achieved two things: First, university of Peradeniya has established itself as the newest centre for academic ‘un’freedom in the country despite having been known historically as an institution from where critical and creative ideas once emerged. Second, it has also ensured that the two hitherto irrelevant political organisations — International Youth and Students for Social Equality and Socialist Equality Part — which were associated with the event have been elevated from relative oblivion to the status of heroes and protectors of academic freedom.

Let me conclude with the famous words of Edward Said I have referred to many times before: “Alas, political conformity rather than intellectual excellence was often made to serve as a criterion for promotion and appointment, with the general result that timidity, a studious lack of imagination, and careful conservatism came to rule intellectual practice.” I earnestly look forward to the day I won’t see the need to quote Said on academic freedom, but I am beginning to believe it would be a wait in vain.

Continue Reading

Trending