News
EC suggests minor amendment to pave the way for PC polls
Sri Lanka’s Amb. in Myanmar calls for scrapping of PCs
SLPP reiterated its commitment to fresh elections
By Shamindra Ferdinando
Election Commission Chief attorney-at-law Nimal Punchihewa yesterday (16) said that the government could easily pave the way for Provincial Council polls by effecting a simple amendment to the Provincial Councils Act.
Punchihewa said so in response to The Island query whether the EC was making preparations for PC polls in the wake of its five members meeting Prime Minister Mahinda Rajapaksa.
Punchihewa said that as a new Act in respect of PCs had been endorsed in Parliament during the previous administration, polls couldn’t be held in the absence of a delimitation process.
Therefore, the polls couldn’t be conducted in terms of the new Act in the foreseeable future, the EC Chairman said. The only feasible strategy was to introduce an amendment to suspend the new Act pending the conclusion of polls in terms of the previous Act, the lawyer said.
Asked how fast the EC could move in case they secured the parliamentary approval as suggested by him, a confident Punchihewa said that arrangements could be finalized within 10 to 12 weeks.
Punchihewa said that the required amendment could be approved with a simple majority.
The top official explained that the PC system had been fully functional though elections weren’t held for any of the nine councils.
“In spite of the absence of elected representatives, respective Governors and relevant officials operate the system,” Punchihewa said. The EC Chief dismissed the much-touted claim that the PC system had collapsed for want of elections.
Punchihewa emphasized that the decision on PC polls rested with the government. The official expressed the view that the continuation of the Governors reflected the actual situation.
However, some of those who backed the SLPP at the 2019 presidential and 2020 general elections were strongly opposed to PC polls.
Sri Lanka’s Ambassador in Myanmar Prof. Nalin de Silva has called for scrapping of what he called an utterly wasteful system. Ambassador de Silva declared that in the absence of elected PCs, the 13th Amendment to the Constitution had been automatically abolished. Therefore, the much controversial 13th plus proposal, too, had been done away, Ambassador de Silva said, declaring there was no basis for assertion that democracy could be achieved by way of implementation of the PCs system.
Ambassador de Silva also questioned the proposed PC polls against the backdrop of the government undertaking a high profile project to introduce a new Constitution.
The retired Professor said that Sri Lanka shouldn’t bend backwards to appease India hell-bent on pursuing its despicable strategy here though it failed to implement the Indo-Lanka Accord of 1987.
Against the backdrop of India’s failure to disarm the LTTE within the stipulated time, there was no point in talking about the so called Indo-Lanka Accord, the academic said.
Declaring that the PCs didn’t serve any purpose, Ambassador de Silva pointed out that the PC system accommodated hundreds of politicians and paved the way for some to enter Parliament.
Referring to Thamil Makkal Thesiya Kutani leader C.W. Wigneswaran’s entry into parliamentary politics, Ambassador de Silva pointed out how the former Supreme Court judge exploited his position as the Northern province Chief Minister to launch a political party.
The Ambassador urged the government not to succumb to Indian pressure as the 13th Amendment lacked any legal status in the absence of functioning PCs.
SLPP General Secretary Sagara Kariyawasam, MP, explained that as long as the 13th Amendment remained part of the Constitution, elections would have to be conducted and PCs empowered fully to serve the people. National List MP Kariyawasam pointed out that the government allocated a significant amount of funds for the PCs through the annual budget. Pointing out that funds had been allocated through the 2021 budget to PCs, too, lawmaker Kariyawasam emphasized that functioning PCs couldn’t be indefinitely run by Governors and officials, therefore polls would have to be held.
MP Kariyawasam stressed that the SLPP’s position on PCs was clear. There was absolutely no ambiguity in respect of the SLPP’s desire to conduct PC polls as quickly as possible to ensure proper public participation in the process.
News
INS Airavat makes port call in Colombo
The Indian Naval Ship (INS) Airavat arrived at the Port of Colombo for Operational Turnaround on 01 Jun 26. The visiting ship was welcomed by the Sri Lanka Navy (SLN) in compliance with time-noured naval traditions.
INS Airavat is a Landing Ship Tank, commanded by Commander IP Patil.
During their stay in the island, the ship’s crew is scheduled to take part in a series of professionally enriching events and camaraderie-building programmes organised by the Sri Lanka Navy.
The Indian naval personnel will also tour several historic and prominent tourist attractions across the country before the ship concludes her deployment.
News
BASL asks govt. to abandon plan to raise retirement ages of CA and SC judges
… tells Prez such arbitrary change neither necessary nor desirable
The Bar Association of Sri Lanka (BASL) has urged President Anura Kumara Dissanayake to abandon the controversial plan to increase the retirement age of the judiciary, including the Court of Appeal and the Supreme Court.
In a statement issued by the BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva, the BASL pointed out that the proposed increase of the retirement age of the judiciary would undermine the independence, integrity, dignity, and public confidence in the Judiciary, which is essential for the maintenance of the Rule of Law and democratic governance in Sri Lanka.
The text of the BASL statement: “The Bar Association of Sri Lanka (hereinafter referred to as “BASL”) notes with grave concern reports in the public domain that the Government is considering the introduction of an amendment to the Constitution to increase the age of retirement of Judges of the Court of Appeal and the Supreme Court.
It is the considered view of the BASL that the age of retirement of the judges of the Court of Appeal and the Supreme Court which has stood at 63 years and 65 years respectively from the promulgation of the 1978 Constitution, should not be changed arbitrarily and that such a change is neither necessary nor desirable.
To do so will result in the loss of public confidence in the integrity of the legal system and of the Government’s commitment to preserve and protect the rule of law and the independence of the judiciary. Members of the public are likely to question the motives of the Government in bringing in a Constitutional amendment solely for this purpose.
Your Excellency is no doubt aware that the cadre of the Judges of the Court of Appeal was increased from 12 to 20 Judges (including the President of the Court of Appeal) and that of the Supreme Court from 11 to 17 Judges (including the Chief Justice) by the 20th Amendment to the constitution certified on 29th of October 2020. With such enhancement, workwise, there cannot be a real requirement to extend the retirement ages of these judges.
Your Excellency is aware that altering the retirement age of judges of the apex courts would have to be done through a Constitutional amendment. For many years Sri Lanka’s Constitution has been subject to ad hoc amendments, sometimes in order to cater to the political needs of the government in power and often contrary to the interests of the rule of law, the independence of the judiciary and the judiciary.
Extending the retirement age of the sitting Judges of these Courts at this point of time is likely to be viewed by the public as a blatant attempt to interfere with the judiciary. We believe that to go ahead with such an ad hoc move will also be an affront to the Honourable Judges of those courts.
If the Government goes ahead with such a move it will set a dangerous precedent for future Governments too to introduce ad hoc amendments to the Constitution in respect of the functions of the Judiciary.
The independence of the Judiciary and the public confidence reposed in it, are indispensable pillars of the Rule of Law and the democratic framework of our Republic. In that regard, it is of paramount importance that the Judiciary must not only remain independent in fact, but must also be seen by the public to be wholly independent, impartial, and free from even the slightest perception of influence, favour, accommodation, or impropriety.
The Bar Association of Sri Lanka is therefore constrained, in the discharge of its duty to uphold and safeguard the Rule of Law and the independence of the Judiciary, to respectfully express its serious concern regarding any such proposed amendment, which is neither in the interests of the Judiciary and nor of the people.
In the circumstances, the BASL respectfully urges Your Excellency not to proceed with any proposed constitutional amendment seeking to increase the retirement age of the members of the Judiciary including Judges of the Court of Appeal and the Supreme Court.
We remain confident that Your Excellency will give due consideration to the importance of preserving and protecting the independence, integrity, dignity, and public confidence in the Judiciary, which is essential to the maintenance of the Rule of Law and democratic governance in Sri Lanka.”
Govt. declines to respond
A member of the Cabinet yesterday declined to comment on the BASL’s letter to President Anura Kumara Dissanayake. The Minister said that he wouldn’t comment for the time being.
News
New US tariffs proposed on 60 countries, including Sri Lanka
12.5% additional duties on goods imported from Colombo
The US has proposed additional duties of 10% or 12.5% on imports from 60 economies, including Sri Lanka, over their alleged failure to curb trade in goods made with forced labour.
The proposal made by US Trade Representative’s (USTR) office in terms of Section 301 unfair trade practices investigation to be released, news agencies reported, pointing out that the Trump administration was seeking to rebuild its emergency tariffs, which were struck down by a US Supreme Court decision in February.
The USTR said it determined that it would impose 10% duties related to the forced labour investigation on imports from Canada, Ecuador, the European Union, Indonesia, Mexico, Pakistan, Argentina, Bangladesh, Cambodia, El Salvador, Guatemala, Indonesia, Malaysia, Taiwan and Britain.
The trade agency said it would impose additional duties of 12.5% on the remaining 45 countries that were investigated.
“The failure of our most important trading partners to address the importation of goods made with forced labour is unacceptable,” US Trade Representative Jamieson Greer said in a statement. “This creates a dynamic where American workers are forced to compete globally on an unlevel playing field.”
According to the trade agency, the USTR found that Sri Lanka has failed to impose and effectively enforce a forced labour import prohibition.
The USTR noted that the results of its investigation indicate that the acts, policies and practices of Sri Lanka related to the failure to impose and effectively enforce a forced labour import prohibition are unreasonable and burden or restrict US commerce.
Accordingly, it has proposed to impose 12.5% additional duties on goods imported from Sri Lanka.
The USTR said it also was proposing a textile mechanism that would allow for a certain volume of apparel and textile imports to enter the US at a reduced tariff rate, though the duties and volumes were not disclosed.
The announcement comes ahead of the July 24 expiration of a 10% temporary tariff imposed by the Trump administration on February 20, the day the Supreme Court struck down US President Donald Trump’s tariffs under the International Emergency Economic Powers Act.
On Monday, the USTR proposed a 25% duty on many Brazilian goods as a result of a Section 301 investigation into the country’s digital trade practices and preferential tariffs. The trade agency is also expected to soon unveil the findings of another major Section 301 probe into the buildup of excess industrial capacity in 16 trading partners, including China.
In the forced labour findings, the USTR said it would exempt from the tariffs a number of products, including energy, rare earths and certain other metals, beef, coffee, certain fruits and vegetables, pharmaceuticals, organic chemicals and aircraft parts.
The USTR said it would accept public comments on the proposed tariffs and other remedies through July 6, with a public hearing scheduled for July 7.
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