Connect with us


Cabinet approved USD 480 mn US Compact  ignoring President Sirisena’s objections



By Shamindra Ferdinando

The yahapalana Cabinet approved the Millennium Challenge Corporation (MCC) USD 480 mn Compact in the run-up to 2019 presidential election amidst strong objections by then President Maithrilpala Sirisena, according to highly placed sources..

The Cabinet decision followed the Board of Directors of the MCC endorsing the compact with the government of Sri Lanka on April 25, 2019. 

Sources told The Island that there had been five cabinet papers submitted by President Sirisena in that regard, beginning March 10, 2017. Having underscored the requirement to study the USD 480 mn compact in his first Cabinet paper on the matter, President Sirisena submitted four subsequent Cabinet papers on April 1, 2019, July 17, 2019, July 29, 2019 and August 23, 2019, sources said.

Responding to another query, sources said that the Cabinet had given the go ahead disregarding President Sirisena’s call to put off the finalisation of the agreement by six months pending a comprehensive study. Sirisena cited legal complications as the reason for his request.

President Sirisena’s Cabinet papers came to light following an inquiry conducted by a four member committee comprising Dr. Lalithasiri Gunaruwan, Architect Nalaka Jayaweera, former Secretary to the Transport Ministry D S Jayaweera and President’s Counsel Nihal Jayawardhana. Prof. Gunaruwan led the committee which was appointed in the wake of Gotabaya Rajapaksa’s victory at the November 2019 presidential election.

The yahapalana government went ahead with the project on the basis of approval from the Attorney General’s department. Asked whether the Committee had obtained the opinion of the Attorney General, in writing in that regard, sources said that several attempts had been made to get the AG’s Department opinion before the finalization of the interim report as well as the final report. The Committee requested the Attorney General’s opinion through the Office of the Prime Minister. Having failed in their attempt, the Committee requested that the Attorney General’s Department be represented at meetings. Subsequently, the Attorney General was represented initially by an officer, relatively junior before they upgraded representation.

The Gunaruwan Committee handed over its interim report in Feb 2020 and the final report on June 23, 2020. Sources said that President Sirisena’s cabinet papers had been submitted along with the final report though they weren’t made public.

The Attorney General’s Department is now in the process of studying the report before making its position on the agreement, according to sources.

President Sirisena, in his April 1, 2019 cabinet paper objected to approving the agreement pending parliamentary endorsement later.

In addition to a letter dated Oct 10, 2018 on Attorney General’s Department letter head now in the public domain, there were several opinions expressed by the same institution in respect of the USD 480 mn Compact. Sources said that as the draft agreement finally approved by the cabinet had been amended subsequent to that letter dated Oct 10, 2018, all available written documents had to be taken into consideration.

Finance Ministry is on record as having said that the Attorney General didn’t find fault with USD 480 mn Compact. It issued the statement at the behest of the then Minister Mangala Samaraweera immediately after Prime Minister Wickremesinghe confirmed the decision to finalise the agreement before Nov 16, 2019 presidential election.

Gunaruwan Committee in its report suggests that perhaps the government should seek the Attorney General’s opinion on USD 480 mn Compact. The suggestion as Attorney General Department did not respond to issues raised by the Gunaruwan Committee.

The Attorney General’s Department recently said that in addition to the Gunaruwan Committee report, several others, including the Land Commissioner, the Survey General and Director General of the External Resources Department were to be called.

Controversy surrounds a claim that Sri Lanka received USD 10 mn in advance on two separate occasions during the previous administration, but both the donor and recipient have denied the transactions. Perhaps, Director General of External Resources could set the record straight, sources said.

President Gotabaya Rajapaksa’s government is yet to announce its stand on the agreement.

The US embassy during the previous administration said that the US expected Sri Lanka parliament to decide on the USD 480 mn Compact.



Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *


Hemasiri begins to unload against Sirisena



By Rathindra Kuruwita

Former President Maithripala Sirisena, on April 24, 2019, had told former IGP Pujith Jayasundara that if the latter took the blame for the Easter Sunday bombings he would be given his pension and posted to any country of his choice as an ambassador, former Defence Secretary Hemasiri Fernando yesterday told the Presidential Commission of Inquiry (PCoI) investigating the Easter Sunday attacks.

Fernando said that Jayasundara had come to him for advice on the matter soon after Sirisena had made the offer. Fernando refused to advise him, given the sensitive nature of the proposal. “I told him that he should talk to his family members,” Fernando said.

Sirisena had also told Jayasundara that the Commission he appointed to investigate the attacks, headed by Supreme Court Judge Vijith Malalgoda, would clear the former IGP. Jayasundara only had to accept the responsibility and resign, Fernando said.

The witness also said that around 25 and 30 decisions taken by him as the Defence Secretary had not been implemented due to President Maithripala Sirisena’s interference.

“On one occasion, former IGP Jayasundara and I prepared the documents needed to transfer some police officers. The following day, Sirisena called me, scolded and asked me to cancel the list. He said he was the Defence Minister and that IGP and I had no authority to do such things. Although I tried to explain that there was no political motive behind our attempts, he was not ready to accept it.”

Continue Reading


Now, UK concerned about detention of lawyer allegedly involved in Easter Sunday carnage



Dinesh G. says matter before SC

By Shamindra Ferdinando

Many an eyebrow has been raised over the UK condemning the arrest of 2019 Easter Sunday attack suspect, lawyer Hejaaz Hizbullah, at the Geneva-based United Nations Human Rights Council.

The Cabinet on Wednesday (16) discussed the British government criticism of Sri Lanka’s withdrawal from the 30/1 accountability resolution and current human rights situation in Sri Lanka et al.

Foreign Minister Dinesh Gunawardena briefed the cabinet of ministers of strong criticism directed by the UK at the onset of the ongoing UNHRC sessions.

The UK’s International Ambassador for Human Rights, Rita French, in a statement delivered on behalf of Canada, Germany, North Macedonia, Montenegro and the UK alleged that civil society and human rights groups in Sri Lanka experienced an increasingly difficult operating environment.

A British statement quoted Ambassador French as having said: “Instances of intimidation, harassment and surveillance continue, including threats to families of disappeared persons. Individuals are detained indefinitely without appearance before court, such as lawyer Hejaaz Hizbullah.”

Declaring Sri Lanka’s dynamic and diverse civil society lies at the heart of its vibrant democracy, the Core Group expressed its strong solidarity with Sri Lanka’s civil society, and human rights defenders while requesting the government to take all steps necessary to allow them to operate freely.

Cabinet spokesman and Media Minister Keheliya Rambukwella Thursday (17) told post-cabinet media briefing of Sri Lanka’s response to Core Group’s latest criticism. The Core Group also made reference to the proposed now controversial 20th Amendment to the Constitution as well as President Gotabaya Rajapaksa government quitting the Geneva process.

The UK statement further quoted Ambassador French as having said: “”It (Sri Lanka Government) has suggested that a new domestic process will take the Geneva agenda forward. While we appreciate this continued commitment, previous such processes have, regrettably, proved insufficient to tackle impunity and deliver real reconciliation. This Council will want to pay particular attention to how the new approach, will differ from these previous attempts and put the victims of conflict at its heart. The future of the Independent Commissions including the Office for Missing Persons and Office for Reparations will be particularly important.”

Responding to several questions regarding attacks on Sri Lanka over human rights and accountability issues at the post-cabinet media briefing, Minister Rambukwella pointed out that Lord Naseby had quite efficiently countered the very basis of the 30/1 accountability resolution. The minister recalled how Lord Naseby in Oct 2017 in the House of Lords set the record straight. Kandy District lawmaker pointed out that Ambassador French’s statement was nothing but an extension of accusations propagated on the basis of unsubstantiated war crimes allegations. The Media Minister was flanked by co-cabinet spokesperson Minister Dr. Ramesh Pathirana and Director General of Information Department Nalaka Kaluwewa.

Minister Rambukwella said that Sri Lanka wouldn’t succumb to international pressure.

Responding to The Island queries regarding the Core Group’s criticism, Foreign Minister Dinesh Gunawardena said that Geneva statement had been conveniently silent on why lawyer Hejaaz Hizbullah was taken in by the Criminal Investigation Department (CID).

The police took him into custody under the Prevention of Terrorism Act (PTA) in April this year over his alleged involvement in the Easter attacks nearly a year before.

Noting that Hizbullah had moved the Supreme Court against his arrest, Minister Gunawardena pointed out that British nationals were among about 40 foreigners killed in near simultaneous suicide attacks in Colombo, Batticaloa and Katuwapitiya. Nearly 270 killed and over 400 wounded in Easter Sunday attacks.

Minister Gunawardena said that those who had been critical of certain aspects of the ongoing investigation into Easter attacks should go through the submissions made by the Attorney General‘ s

Department in respect of Hizbullah arrest before the court. The minister said that the AG compared the suspect with the late Anton Balasingham, UK based theoretician of the LTTE.

Responding to another query, the Minister said that the government would certainly inquire into UK claim that civil society and human rights groups were operating in an increasingly difficult environment.

Perhaps, they should reveal specific incidents in case the civil society and human rights groups brought them to the attention of UK the High Commission or other members of the Core Group.

Minister Gunawardena said that civil society groups worked overtime against the Sri Lanka Podujana Peramuna (SLPP) during 2019 presidential and 2020 general elections. Their high profile projects went awry, the minister said, adding that the SLPP did nothing other than to rout the political opposition at two national elections.

The Foreign Minister alleged that various interested parties were making a desperate effort to sustain anti-Sri Lanka campaign though the then government restored peace over a decade ago. Colombo based embassies couldn’t be unaware of the ground situation, Minister Gunawardena said that incident-free presidential and parliamentary polls highlighted the peaceful environment. There was absolutely no basis for accusations that civil society and human rights groups faced threats whatsoever, the MEP leader said.

Minister Gunawardena acknowledged that the government would have to set the record straight as regards war crimes accusations reiterated by some lawmakers from the North at the inauguration of the 9th parliament.

Continue Reading


SJB General Secretary condemns 20A



By Saman Indrajith

SJB General Secretary MP Ranjith Maddumabandara yesterday said that the proposed 20th Amendment to the Constitution had started with all signs of dictatorial regime and any one who cherished democratic values should abhor it.

Addressing the media at the Opposition Leader’s Office in Colombo, MP Madduma Bandara said that only a very few members of the Cabinet of Ministers had seen the content of the draft bill of the proposed amendment. “Not even the Prime Minister has seen it.

Many ministers do not know what it was about. But they have been forced to pass it. Those are signs of a dictatorship being created. If this is the way the Prime Minister and the ministers of the cabinet are being treated before the 20th Amendment becoming law, we can imagine the way it will be once the amendment becomes the law,” he said.

“The MPs who vote for this bill will do so to prune down their powers themselves. Parliament has the supreme power over public finances. But as per the new laws proposed by the draft bill the parliament will lose those powers and they will be vested with the executive presidency. This bill is an attempt the undermine the powers of the legislature. So the MPs will lose their power. We hope that those in the government ranks will have clear understanding of the repercussions of this bill,” he said.

Kegalle District SJB MP Sujith Sanjaya Perera said: “The SLPP government was formed on a promise of bringing down the cost of living and provide relief to the people. They promised to produce the food needed for the country within this land. Now there is a shortage of fertilizer. Farmers complain of the collapse of their cultivations because of lack of fertilizers. Planters too complain of the fertilizer shortage. Nearly 50 per cent of tea industry has faced the problem. There would be food scarcity very soon. Farmers have no means to work for the next Maha season.”

Gampaha District SJB Member Harshana Rajakaruna displaying a coconut at the press conference said: A coconut is now priced at 100 rupees. A kilo of sugar is 150 rupees, a kilo of rice is sold at Rs 120 and the potato price has increased to 180 rupees a kilo. The cost of living is skyrocketing. Where is the relief package promised to people. That was promised at the presidential election campaign. It is nowhere to be seen.

Continue Reading