Midweek Review
‘Chinese in Jaffna islands may cause Cuban missile crisis type situation’
by Shamindra Ferdinando
Executive Director of the National Peace Council (NPC), Dr. Jehan Perera, last Wednesday (24) explained, in his opinion, why India abstained at a controversial vote at the Geneva-based United Nations Human Rights Council.The vote took place on March 23.
The NPC Chief asserted India based its decision on three reasons namely (i) Sri Lanka choosing China to execute USD 12 mn renewable energy projects in Delft, Analativu and Nainativu islands, off the Jaffna peninsula. The joint venture with MS/Sinosar-Etechwin received funding from the Asian Development Bank (ADB). The islands have no access to the national grid (ii) Indian Central Government concerns for its own Tamil population and (iii) a section of President Gotabaya Rajapaksa’s government demanding the abolition of the 13th Amendment to the Constitution and the failure, on the part of Sri Lanka to, fully implement the law.
Dr. Perera said so in response to TV 1 ‘Newsline’ anchor Faraz Shauketally’s query ‘why did India let us down?’ The NPC spokesperson described Sri Lanka’s relationship with China as nothing but a terrible mistake. Both China and India are nuclear powers, with the former also being a member of the UN Security Council.
The NGO activist compared Sri Lanka allowing China access to Jaffna islands with the Cuban missile crisis (16 October – 20 November 1962) between the then Superpowers, the US and the Soviet Union. The conflict is considered the closest the ‘Cold War’ came to escalating into a nuclear war. The unprecedented crisis erupted when the Soviet Union deployed ballistic missiles, in Cuba, in response to the US positioning missiles in NATO member states, Italy and Turkey. The missile crisis should be also examined against the backdrop of a failed US assault on Cuba (aka Bay of Pigs invasion), which ended in total embarrassment for Washington, no sooner it started.
Dr. Perera certainly owed the public an explanation how he arrived at the conclusion that raised many an eyebrow. Can there be anything as preposterous as such a comparison. Perhaps, the NPC Chief should explain his stand on the Access and Cross Servicing Agreement (ACSA), with the US, finalized in early August 2017, now suspended Millennium Challenge Corporation (MCC) and the Compact and Status of Forces Agreement (SOFA). The NPC position is vital as that of other like-minded organizations/persons as they frowned on the Sri Lanka-China relationship.
13 A continues to rattle Lanka
Sri Lanka’s wartime Permanent Representative in Geneva, Dr. Dayan Jayatilleka, too, faulted the incumbent government for India’s decision to skip the vote on the latest accountability resolution.
Appearing on Sirasa ‘Pathikada’, anchored by Asoka Dias, Jayatilleka, having referred to President Gotabaya Rajapaksa’s meeting with Indian leader Narendra Modi in late Nov 2019, claimed lucidly how the incumbent dispensation antagonized India by varying statements regarding the 13th Amendment and Provincial Council polls. Jayatilleka asserted that twice President Mahinda Rajapaksa would have responded to Premier Modi’s query on the 13th Amendment in a different manner. Jayatilleke maintained that public statements made by Public Security Minister Rear Admiral (retd.) Sarath Weerasekera, Defence Secretary Maj. Gen. (retd.) Kamal Gunaratne and Foreign Secretary Admiral (retd.) Jayanath Colombage influenced not only India but other members of the UNHRC as well against Colombo. Jayatilleka also faulted the government for not properly assessing the forthcoming Tamil Nadu elections.
The writer sought clarification regarding veteran political commentator Jayatilleka’s status, particularly whether he expressed those views as Senior Advisor on International Relations to Opposition Leader Sajith Premadasa. Jayatilleke said that he was not interviewed in his capacity as Senior Advisor to the Opposition Leader, nor did he respond in that capacity. “I have no position in the SJB. I am not a member of, nor organizationally affiliated, to any political party,” Jayatilleke, who led Sri Lanka to victory at the 2009 Geneva vote, in the immediate aftermath of Sri Lanka’s triumph over the Liberation Tigers of Tamil Eelam (LTTE) said. Sri Lanka lost four subsequent votes with last week’s one being the worst, slammed Jayatilleka, who also served as Sri Lanka’s Ambassador in Moscow during the yahapalana administration (Sept 2018-January 2020), courtesy then President Maithripala Sirisena.
Tamara Kunanayakam had been our Permanent Representative, in Geneva when Sri Lanka lost in 2012, and Ravinatha Aryasinha when Colombo lost in 2013 and 2014— all under the same President Mahinda Rajapaksa, who was in office when Jayatilleka fought a valiant fight in Geneva and won in 2009. C.A. Chandraprema, a former colleague of the writer, is the current PR in Geneva.
But certainly a defeat at the UNHRC cannot be squarely blamed on the PR as decisions are taken on the basis of policies adopted by respective governments. The 2015 Geneva betrayal is far worse than any defeat inflicted on war-winning Sri Lanka.
Reiterating commitment to the Geneva resolution, co-sponsored by the yahapalana administration in Oct 2015, Dr. Perera urged the government to ensure the implementation of that resolution though the incumbent administration withdrew from it in Feb 2020 for the obvious reason of not meekly surrendering to Western agenda against this country. Dr. Perera asserted that the government could reach consensus with what he called a responsible Opposition in that regard. Dr. Perera was obviously referring to not only the main Opposition party, the Samagi Jana Balavegaya (SJB), but all those who backed Maithripala Sirisena at the 2015 presidential election.
It would be pertinent to mention the NPC, established in 1995 receives funding from the British (member of the UNHRC and leader of Sri Lanka Core Group), USAID (US spearheaded the campaign against Sri Lanka, although not being a member of the UNHRC), EU (EU members Austria, Bulgaria, Czechoslovakia, Denmark, France, Germany, Italy, the Netherlands and Poland voted for the resolution), the Asia Foundation, UN Peace Building, Legal Action Worldwide et al. Dr. Perera established the NPC having had served Sarvodaya under Dr. A.T. Ariyaratne for seven years (1988-95). The NPC, one of the biggest recipients of foreign funding, particularly from Norway, played a crucial role in the disastrous Oslo-led peace process (2002-2003) and caused shock and dismay in Aug 2005 when it declared the LTTE’s assassination of the then Foreign Minister Lakshman Kadirgamar tragic but inevitable.
Can the NPC be faulted for pursuing the agenda of those who fund the organization? Dr. Perera’s participation at a meeting, called by UNP leader and the then PM Wickremesinghe, during the leadership struggle in the run up to the 2019 presidential poll, cannot be ignored as one examined the full picture.
India guided by two principle considerations
Let me reproduce the relevant section from the statement made by New Delhi’s PR in Geneva Mani Pandey, before the Geneva vote. It explained India’s decision to skip the vote having made an abortive bid to put off the vote. The relevant section verbatim: “India’s approach to the question of human rights in Sri Lanka is guided by two principal considerations. One is our support to the Tamils of Sri Lanka for equality, justice, dignity and peace. The other is in ensuring the unity, stability and territorial integrity of Sri Lanka. We have always believed that these two goals are mutually supportive and Sri Lanka’s progress is best assured by simultaneously addressing both objectives. India supports the call by the international community for the government of Sri Lanka to fulfill its commitments on the devolution of political authority, including through the early holding of elections for Provincial Councils and to ensure that all Provincial Councils are able to operate effectively, in accordance with the 13th Amendment to the Sri Lankan Constitution.”
The UK headquartered Global Tamil Forum (GTF) further explained India’s role that had a bearing on many UNHRC members. GTF spokesperson Suren Surendiran stated: “GTF would like to express its appreciation and gratitude to all progressive forces that made this current outcome possible – the Office of High Commissioner for Human Rights, the core group of countries, all countries who voted for and/or co-sponsored the resolution, the countries that abstained without voting against the resolution, eminent persons and dedicated human rights organizations who championed the cause, and, more importantly, the victims of human rights abuses in Sri Lanka who despite the time lapse and the risks involved, continue to provide inspiration by bravely fighting for human rights and accountability.
“Tamils are grateful to the Government of India for supporting an escalation of the Tamil demand for equality, justice (accountability), dignity and peace at a multilateral international forum, like the UNHRC.
“By specifying India’s support to the international community, calling on the Government of Sri Lanka to fulfill its commitments to devolve political power to the Tamils and to allow those devolved powers to be operationalized effectively, according to the 13th Amendment of the constitution, is very significant.
“By making a public statement before the vote and by abstaining, India has clearly shown its displeasure with the lack of progress on addressing the alleged violations of human rights and international laws and the non-implementation of Sri Lanka’s numerous public commitments of the past in addressing the grievances of the Tamil people.
“Tamils are grateful to the Tamil Nadu political parties, particularly the DMK President M.K. Stalin, for the recent statement calling on the Government of India not to support the Government of Sri Lanka by voting against the resolution.”
Why are all silent on Delhi’s role?
However, there hadn’t been any reference in ‘Newsline’ or ‘Pathikada’ interviews or in statements made by Surendiran and Pandey to India’s murderous role in Sri Lanka that resulted in the nearly three-decade long war. The bottom line is that if not for India there wouldn’t have been Nanthikadal where the victorious Sri Lanka Army (SLA) annihilated the LTTE leadership. Sri Lanka hopefully dealt with the LTTE for once and for all.
However, Sri Lanka lacked political will at least to set the record straight, in spite of being unmercifully harassed by Western powers and India. Those who had been pursuing a political agenda, since the successful conclusion of the war, at the UNHRC, conveniently refrained from making any reference to India’s despicable role here. Successive, Sri Lankan governments, too, remained silent, as regards Indian and other foreign involvement, and, thereby facilitated a relatively smooth anti-Sri Lanka project.
Before further discussing the deterioration of Sri Lanka due to India’s terrorist project here, let me remind you what one-time Indian High Commissioner in Colombo Shivshankar Menon (1997-2000) stated about Sri Lanka’s strategic positioning in relation to India and how Sri Lanka could threaten India. Against the backdrop of Menon’s assessment, Dr. Perera’s bid to compare Chinese on Jaffna islands with the Cuban missile crisis is rather alarming.
Sri Lanka never responded to Menon’s accusations in ‘Choices: Inside the making of India’s foreign policy,’ launched in Oct 2016. The veteran diplomat asserted India wanted a change of government in Sri Lanka due to then President Mahinda Rajapaksa going back on his pledge in respect of Sri Lanka-China relations. Menon accused Rajapaksa of breaking his solemn pledge, in May 2014, five years after the successful conclusion of the conflict. Menon’s assertion that Sri Lanka is an aircraft carrier, parked 14 miles off the Indian coast, clearly underscored New Delhi’s serious concerns regarding Sri Lanka being too close to China.
Menon, who had been India’s National Security Advisor, from January, 2011 to May, 2014, refrained from revealing a specific incident/or incidents which revealed Sri Lanka’s duplicity in May 2014. Incumbent Ajit Doval succeeded Menon. Doval is on record as having told Gotabaya Rajapaksa (during the first Rajapaksa administration) Sri Lanka being a small country does not need big infrastructure projects. Doval also had the audacity to urge Gotabaya Rajapaksa to do away with major Chinese funded projects, including flagship USD 1.4 bn Colombo Port City. Having commented on the conduct of former President Rajapaksa and Defence Secretary Gotabaya Rajapaksa, Menon accused Sri Lanka of reneging on bilateral understanding with India. Menon directly alleged that the former President received Chinese funds for his political campaigns, and projects. The veteran diplomat didn’t indicate when the war-winning President first received Chinese funding.
Both Dr. Perera, who had represented the Sri Lanka delegation, to the 2016 Geneva session under the then Foreign Minister Mangala Samaraweera, and Dr. Jayatilleka, warned the Gotabaya Rajapaksa government of dire consequences unless Sri Lanka acted swiftly and decisively to address international concerns. Both pressed the government to adhere with the consensus reached in respect of the 2015 resolution, whereas Dr. Jayatilleka emphasized the pivotal importance in acting on the recommendations made by the late Sir Desmond de Silva, QC, in the Paranagama report (second mandate). Jayatilleka explained how yahapalana Premier Ranil Wickremesinghe and FM Mangala Samaraweera squandered an opportunity to exploit those recommendations. Alleging Wickremesinghe and Samaraweera buried internationally accepted Sir Despond de Silva’s report on Sri Lanka’s execution of the war from an international legal angle, Dr. Jayatilleka asked why the incumbent government suppressed such valuable recommendations. Dr. Jayatilleka underscored the importance in the proper use of available reports, including the Lessons Learnt and Reconciliation Commission (LLRC) findings that dealt with the conflict. The writer, when he sought a clarification from PR Chandreprema, was told the six reports, including the Paranamaga second mandate report, were submitted to UN member states.
Lanka’s treacherous failure
Actually, the government conveniently failed to exploit a number of other credible reports available in the public domain such as wartime (January-May 2009) British High Commission dispatches (and sections yet to be released), US Defence Advisor Lt. Col. Lawrence Smith’s revelations in Colombo in 2011, UN report on Vanni war (August 2008-May 13, 2009), Wikileaks and UNSG Panel of Experts (PoE) denying examination of war crimes allegations till 2031 to present a far stronger case. ‘Newsline’ and ‘Pathikada’ programmes didn’t discuss Sri Lanka’s pathetic and treacherous failure to use credible evidence provided by those propagating lies to counter the Geneva project. The SJB and JVP, too, conveniently refrained from raising the issue. In fact, no one bothered to point out accountability accusations are nothing but a joke in the wake of the Tamil speaking electorate covering the northern and eastern electorates, including Jaffna, overwhelmingly voting for war-winning Army Commander at the 2010 presidential election after having accused him and his army of genocide and just a couple of months after the SLA permanently dispatched Prabhakaran.
The Western project receives the backing of a section of the parliament with some members openly blaming the military for genocide. They haven’t been taken to task. Irresponsible political leadership discarded what one-time UN bigwig Jayantha Dhanapala told the LLRC in August 2010. The first Rajapaksa administration never bothered to examine and exploit post-war developments. Their failure to utilize Lt. Col Smith’s declaration at the first Colombo Defence Seminar in May-June 2011 that there had never been an agreement between the SLA/Government and the LTTE as regards a formal surrender and battlefield executions didn’t take place, was never used. The government was silent on this at the recently concluded Geneva sessions, too.
Having sponsored terrorism in Sri Lanka and as a result lost a former PM and over 1,500 officers and men and 3,000 wounded during the Indian Army deployment here (July 1987-March 1990) , India had no qualms in preaching to Sri Lanka of accountability. Can India absolve itself of the responsibility for its murderous conduct in Sri Lanka and men, trained by them, raiding the Maldives, in early Nov 1988. They made an abortive bid to assassinate the then Maldivian President Gayoom. Perhaps Sri Lanka should at least now take note of Dhanapala’s declaration at the LLRC.
Commenting on the responsibility to protect concepts, Amb. Dhanapala said: “Now I think it is important for us to expand that concept to bring in the culpability of those members of the international community who have subscribed to the situation that has caused injury to the civilians of a nation. I talk about the way in which terrorist groups are given sanctuary; are harboured; are supplied with arms and training by some countries with regard to neighbours or with regard to other countries. We know that in our case this has happened, and I don’t want to name countries, but even countries who have allowed their financial procedures and systems to be abused in such a way that money can flow from their countries in order to buy the arms and ammunition that cause the deaths, the maiming and the destruction of property in Sri Lanka are to blame and there is therefore a responsibility to protect our civilians and the civilians of other nation states from that kind of behaviour on the part of members of the international community, and I think this is something that will echo with many countries in the Non-Aligned Movement where Sri Lanka has a very respected position and where I hope we will be able to raise this issue.”
Dr. Jayatilleka, who had been Minister of Planning and Youth Affairs of the short-lived EPRLF administration of the Northeast Provincial Council, between 1988 and 1989, reminded the government of the need to prepare proper defence as Geneva formed a Special Office to deal with Sri Lanka consequent to the passage of the resolution. Jayatilleka pointed out how the new Office, backed with UN funding to the tune of USD 2.8 mn, could gather information and evidence and use them to move courts in 22 countries (those who backed the resolution) unless Sri Lanka addressed accountability issues within the stipulated period.
Perhaps Sri Lanka should bring to the notice of the new Office what one-time India’s High Commissioner in Colombo, J. N. Dixit, revealed in his memoirs, ‘Makers of India’s Foreign Policy,’ launched in 2004. Dixit asserted that the decision to give active support to Sri Lankan Tamil militants could be considered one of the two major foreign policy blunders made by the then Indian Prime Minister Indira Gandhi. But he strongly defended the Prime Minister’s action, while asserting Gandhi couldn’t have afforded the emergence of Tamil separatism in India by refusing to support the aspirations of Sri Lankan Tamils [Chapter 6:An Indo-centric Practitioner of Realpolitik-Makers of India’s Foreign Policy]. Dixit failed to explain how the Prime Minister hoped to achieve her twin objectives by recruiting, training, arming and deploying thousands of Sri Lankan Tamil youth. India also helped Sri Lankan terrorists establish contact with international terrorist groups.
Adele’s hand in Gandhi assassination
Did India actually cause terrorism here in the 80s to create an environment conducive for the deployment of its Army in Sri Lanka? How many Tamils perished in the hands of the Indian Army? Those demanding action against perpetrators of violence should explain how they expect to deal with those ex-Tamil terrorists living in India, Europe, Canada, Norway, the US at al. Infamous of them all is Adele Balasingham, wife of LTTE theoretician, the late Anton Balasingham, a one-time British High Commission, Colombo, employee. Adele in spite of her role in building up LTTE women’s cadre, lives under British protection. Can British assure the world Adele didn’t have a hand in choosing the suicide bomber who blew up Rajiv Gandhi in South India May 1991. The members of that LTTE squad tasked to assassinate Gandhi were killed in subsequent Indian operations. Those killed in the Indian hands are probably among the list of missing persons along with the suicide bomber!
IN THE FINAL ANALYSIS
In the final analysis despite what all the pseudo-experts say coloured by their own hiden agendas, such as even singing for their supper, it is quite obvious that Sri Lanka had no chance in hell in Geneva as the UNHRC is more or less a tool of the West and it did not matter what evidence, even if they were gilt-edged, we had in our defense, the West, particularly the US and the UK, was all-out to turn a Nelsonian Eye to whatever our pleadings. They had in fact convicted us long before all these charades there to hoodwink the gullible.
Premier Mody and, more importantly, the South Block in New Delhi, should realise if they have not done so already, the Americans only want to drag China and India into an internecine conflict or a much bigger quagmire by encouraging their rivalry – a typical tried and tested British tactic that helped it to plunder much of the world. This way they must be watching with glee the possible killing of two birds with one stone!
Lastly, remember how the Americans, in particular, used Pakistan for so long into the 90s to project their global agendas, which included their dream of breaking up India and then dropped that country like a hot brick.
Midweek Review
SC gave country timely reprieve from visa scam:
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.
Midweek Review
A Wildfire Has its Say
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.
Midweek Review
On Academic ‘Un’freedom
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.
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