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Cancellation of Japanese projects to be probed

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FR petition says govt. deprived itself of USD 8 bn

By Shamindra Ferdinando

Chairperson of the Committee on Public Finance (COPF) Anura Priyadarshana Yapa yesterday (08) said that he would initiate an inquiry into the cancellation of several foreign-funded projects, following the last presidential election, in Nov 2019.

Yapa said so responding to The Island query whether he would act on Prime Minister Ranil Wickremesinghe’s request for a parliamentary probe into the cancellation of such projects.

Alleging that the unjustifiable government action deprived the country of much needed foreign investment, therefore contributed to the economic meltdown, Premier Wickremesinghe declared that Tokyo was unhappy. The Prime Minister’s Office quoted the UNP leader as having told Parliament on Tuesday: “Japan is our longtime friend. A nation that has helped our country greatly. But they are now unhappy with us due to the unfortunate events of the past. Our country had failed to formally notify Japan of the suspension of certain projects. Sometimes the reasons for these suspensions were not even stated.”

Lawmaker Yapa said that he, too, felt an inquiry was required into the matter.

On the basis of certain reports received from an unidentified person, Premier Wickremesinghe told the House that some of the projects that had been undertaken and partly implemented by Japan were halted midway.

Premier Wickremesinghe wants COPF to investigate cancellation of the Liquid Natural Gas (LNG) projects, undertaken by India and Japan. The Premier has alleged that the CEB halted both projects without at least giving justifiable reasons.

Lawmaker Yapa said that the allegation pertaining to putting on hold, projects funded by Japan, to the tune of USD 3 bn, by 2019, was quite serious.

MEP leader Dinesh Gunawardena served as the Foreign Affairs Minister. Prof. G.L. Peiris succeeded Gunawardena, in August 2021.Former Commander of the Navy Admiral Jayanath Colombage served as Secretary to the Ministry of Foreign Affairs till recently.

Legal sources said that cancellation of several high profile foreign funded projects, including the Millennium Challenge Corporation (MCC) project had been cited in a fundamental rights petition, recently filed against the former Finance Ministers, Mahinda Rajapaksa, Basil Rajapaksa and Ali Sabry, other members of the Cabinet, the Monetary Board of the CBSL, former Governors of the CBSL, Prof. W.D. Lakshaman and Ajith Nivard Cabraal, former Finance Secretary S.R. Attygalle, Monetary Board member S.S.W. Kumarasinghe, former Presidential Secretary Dr. P.B. Jayasundera and three Commissioners of the Commission to Investigate Allegations of Bribery or Corruption (CIABOC). Premier Wickremesinghe has been made the first respondent as he is the incumbent Premier.

The petition, filed by Dr. Athulasiri Kumara Samarakoon of the Open University of Sri Lanka, Soosaiappu Neavis Morais and Dr. Mahim Mendis, in terms of Articles 17 and 126 of the Constitution, alleged that after the last presidential election several projects, that had been finalized and would have generated substantial revenue in foreign exchange, were stopped. The petition named the cancelled projects as the Light Rail Project, East Container Terminal (ECT) involving India, and Japan, the Central Highway Phase 3 and 4 with Japan and India, and the MCC Agreement with the US.

The MCC had been among three other agreements sought by the US. The yahapalana government entered into the Access and Cross Servicing Agreement (ACSA) in August 2017. Talks on Status of Forces Agreement (SOFA) were stalled.

The petitioners stated that the projects had been done away with on the directives of President Gotabaya Rajapaksa. Asserting had those agreements were implemented the country wouldn’t have been in the current predicament, the petitioners brought to the notice of the Supreme Court that the first respondent before being appointed as the Premier on May 12 declared the country was deprived of USD 4,000,000,000 due to the cancellation of those projects.

The petitioners further stated that the incumbent dispensation caused the current calamity by turning down of USD 400,000,000 IMF facility.

Authoritative sources said that the government antagonized Japan by not even giving prior notice of the utterly reprehensible decision. Sri Lanka violated diplomatic protocol, sources said, Japan’s unenthusiastic response to President Gotabaya Rajapaksa’s request for USD 3 bn loan should be examined against the backdrop of our irresponsible conduct, sources said. Japan has advised Sri Lanka that they would consider lending after the government reached agreement with the IMF or get close to the finalization of the required facility.

Meanwhile, Sri Lanka’s Ambassador in Tokyo Sanjiv Gunasekera would leave office on June 15. Gunasekera, a close associate of President Gotabaya Rajapaksa, informed the President, on May 09, of his decision to quit on June 09. However, he would continue for a week in view of some official commitments.



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Judicial vacancies: President keeps country guessing

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President

The NPP government has not taken a final decision regarding filling of the vacancies in the judiciary.

A group of Opposition MPs, led by SJB leader Sajith Premadasa, on 12 June, requested Speaker Dr. Jagath Wickremeratne to take up the issue of judicial vacancies with President Dissanayake. Opposition sources said that there were four vacancies, each in the Court of Appeal and the Supreme Court, and the inordinate delay had adversely affected the judiciary.

Government sources indicated that there was no change in the status quo as regards filling of vacancies. Referring to the government proposal to extend the retirement age of judges, authoritative sources said that no final decision had been taken yet.

SJB lawmaker Dayasiri Jayasekera told The Island that they would raise the issue in Parliament this week.

He said that the deliberate delay in making appointments to superior courts and the move to extend the retirement age couldn’t be taken separately.

The MP noted that the Bar Association of Sri Lanka, the Lawyers’ Collective, the Colombo High Court Lawyers’ Association, Colombo Magistrate’s Court Lawyers’ Association and the Bar Association of Badulla had opposed the government move.

There hadn’t been any public statements in support of the government move, MP Jayasekera said, urging the government to end uncertainty in the judiciary.

by Shamindra Ferdinando

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Sajith calls on Opposition parties to rally around SJB

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Sajith

SJB leader Sajith Premadasa has invited the UNP and other political parties to join his party. Premadasa, who is also the leader of the Opposition, has emphasised that the UNP and the SJB could reach a consensus on policies but his party wouldn’t, under any circumstances, accept whatever formula to share positions. Premadasa said so, speaking to the media over the weekend, after meeting the Mahanayaka Thera of the Malwatta Chapter of the Siyam Nikaya Most Venerable Thibbatuwawe Sri Siddhartha Sumangala Thera.

A statement issued by the Opposition Leader’s Office quoted MP Premadasa as having extended an invitation to all political parties to give up extremist policies and join the SJB.

The SJB leader alleged that the NPP government feared facing elections and that was the reason for the inordinate delay in holding Provincial Council polls. PC polls were last held in 2012, 2013 and 2014, on a staggered basis. Premadasa said that if PC polls were held his party would definitely win the majority of PCs.Premadasa also urged the government to reduce electricity tariffs and fuel prices.

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Ex-EC Chief slams govt. over PC polls delay

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Deshapriya

Former Chairman of the Election Commission, Mahinda Deshapriya, on Saturday, strongly criticised the continued postponement of local government elections, declaring that every day without elections constitutes a violation of both the Constitution and democratic principles.

Speaking during an interview with journalist Bhanuka Rajapaksa, on Hiru TV, on Saturday, Deshapriya described the current administration of local government institutions by unelected officials as fundamentally undemocratic and contrary to the spirit of representative governance.

Deshapriya said local authorities, across the country, are presently being managed by secretaries and bureaucrats rather than elected representatives, depriving citizens of their democratic right to be governed by individuals, chosen through the electoral process.

“If the Constitution recognises and provides for local government institutions, then it is the responsibility of the State to ensure that elections are held and that these bodies are administered by representatives, elected by the people,” he said.

Deshapriya rejected attempts to justify the prolonged delay, arguing that responsibility for the situation rests with the government.

He noted that while various political parties have publicly stated their readiness to face elections, the ruling administration possesses the authority to resolve any issues relating to the electoral system.

The former Election Commission chief pointed out that the government enjoyed a two-thirds majority in Parliament, enabling it to enact any legislative amendments required to facilitate the conduct of elections. Instead, he said, successive committees and review processes had been used to postpone a final decision.

He also referred to efforts by opposition legislators who have moved motions seeking to address concerns relating to the electoral framework and expedite the holding of local government polls.

Deshapriya warned that any attempt to appoint a fresh delimitation committee could further delay the electoral process, making it unlikely that local government elections would be held within the current year.

He also dismissed claims that financial constraints have prevented the conduct of elections. Expressing surprise at such assertions, he questioned how funding shortages could be cited as a reason for postponement while expenditure continues in other sectors.

According to Deshapriya, the existence of laws establishing local government institutions imposes an obligation on the State to ensure that those institutions are populated through democratic means.

“The legal framework exists. If elected representatives are not appointed through elections and institutions continue to function under unelected administrators, that is a failure of the State,” he said.

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