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Editorial

Enemies of progress

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Thursday 18th January, 2024

Various remedies are being tried for Sri Lanka’s economic crisis, prominent among them being exponential tax and tariff increases and the divestiture of state ventures. The SLPP-UNP government is making the public undergo untold suffering in the name of economic recovery, but nothing will help revive the ailing economy and prevent it from sliding back into crisis unless the rule of law is restored urgently; those who enrich themselves at the expense of the country have to be brought to justice.

Much is being spoken these days about Vietnam’s success story, and it is asked why Sri Lanka cannot emulate that southeast Asian nation in achieving economic development. Vietnam has its share of corrupt politicians, but it is making a serious effort to bring them to justice. It was reported the other day that a Vietnamese court had sentenced two former Cabinet ministers to jail for their involvement in a Covid-19 test kit scandal. The convicts are former Health Minister Nguyn Thanh Long and former Science and Technology Minister Chu Ngoc Anh. Reports about their incarceration have come at a time when the government of Sri Lanka is defending its former Health Minister under a cloud to the hilt.

Last year, the SLPP-UNP government stooped so low as to defeat a motion of no confidence against the then Health Minister Keheliya Rambukwella despite very serious allegations against him. The health sector trade unions have called for his arrest over the procurement of a consignment of fake immunoglobulin, but the CID has baulked at doing so due to political pressure. The incumbent dispensation has thus demonstrated that it is a government of the corrupt by the corrupt for the corrupt.

It is only wishful thinking that Sri Lanka will be able to achieve any progress as long as such a corrupt regime is in power. If the IMF is genuinely desirous of helping Sri Lanka come out of the current economic crisis, it ought to ensure that the SLPP-UNP administration does not shield corrupt politicians and officials.

There is no way a country can develop its economy while allowing its politicians and bureaucrats to indulge in corruption with impunity. The countries that were wise enough to make anti-corruption drives part of their development strategies have achieved progress.

It was reported in July 2023 that Prime Minister of Singapore Lee Hsien Loong had allowed the Corrupt Practices Investigation Bureau (CPIB) to arrest his Transport Minister, S. Iswaran, over a top-level corruption probe. PM Loong earned encomia for emulating his late father Lee Kuan Yew (LKY), who would not have been able to achieve his dream of developing Singapore to the present level but for his successful war on bribery and corruption.

In New Zealand, an MP has recently resigned following allegations of shoplifting. Golriz Ghahraman, representing the Green Party, is alleged to have stolen three times from two clothing stores –– one in Auckland and the other in Wellington. She has claimed that work-related stress made her behave completely out of character but apologised to the public for letting them down. This is the fate that awaits politicians who find themselves on the wrong side of the law in the countries that uphold the rule of law.

In South Korea, two former Presidents were jailed for bribery and corruption. Park Geun-hye was impeached before being jailed in 2017. Lee Myung-bak was sentenced to jail in 2018. They subsequently received pardons after being in prison for several years, but the fact remains that they were treated like ordinary citizens before the law, and their jail terms have had a deterrent effect on politicians and state officials in that country.

One is reminded of what LKY said about ministers and officials in this part of the world. In his widely read book, From Third World to First, LKY has said: “The higher they are, the bigger their homes and more numerous their wives, concubines, or mistresses, all bedecked in jewelry appropriate to the power and position of their men. Singaporeans who do business in these countries have to take care not to bring home such practices.” When one sees Sri Lankan politicians and bureaucrats enriching themselves and living the life of Riley, one remembers LKY’s memorable words.

All Singaporean politicians who did not heed LKY’s aforesaid warning were severely dealt with. The fate that befell Teh Cheang Wan, the Minister for National Development, is a case in point. When the CPIB launched a probe into an allegation of bribery against him in the mid-1980s, he sought to meet LKY, who refused to see him until the investigation was over. Wan took his life.

As we pointed out in a previous comment, if the Sri Lankan ministers had received from their leaders the same treatment as Wan, most of them would have been pushing up the daisies by now, and the vital sectors such as health, education, finance, agriculture and trade and commerce would have been free from corruption, and most of all, substandard drugs and equipment would not have snuffed out so many lives in the state-run hospitals.



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Editorial

Exchanging ginger for chillies?

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President Anura Kumara Dissanayake told Parliament on Thursday that the Prevention of Terrorism Act (PTA) would be repealed before the end of 2026. He said the PTA, introduced as a temporary measure, had lasted for 46 long years despite calls for its abolition. It is not clear from media reports on the President’s parliamentary speech how the government will set about the task of doing away with the PTA. However, one may recall that the Ministry of Justice published a proposal for a new anti-terrorism law, the Protection of the State from Terrorism Act (PSTA) in December 2025, seeking public views.

If the government is allowed to replace the PTA with the proposed PSTA, it will be a textbook case of ‘exchanging ginger for chillies’, as a local saying goes. The solution will be as bad as or perhaps even worse than the problem.

President Dissanayake’s admission in Parliament that the PTA is draconian and his government is planning to abolish it in response to concerns expressed by human rights campaigners and other stakeholders can be considered a self-indictment; suspects continue to be arrested and detained under the PTA and Dissanayake himself signs detention orders in his capacity as the Minister of Defence. Perhaps, the JVP leaders know better than others what it is like to be arrested and detained under the PTA. They are among those who bore the brunt of this repressive law, which has been abused by successive governments whose self-righteous leaders condemn it only when they are out of power. Their hypocrisy has resulted in the perpetuation of the PTA.

Sri Lanka will incur much international opprobrium if the proposed PSTA replaces the PTA. The PSTA has already drawn heavy criticism from international human rights organisations, including the Office of the United Nations High Commissioner for Human Rights (OHCHR), which has warned that several provisions of the draft law remain inconsistent with Sri Lanka’s obligations under international human rights law. According to OHCHR’s preliminary analysis, the proposed legislation risks enabling broad criminalisation through vague definitions of terrorism, restrictions on freedom of expression, assembly and association, substantial executive powers with limited safeguards or oversight, arbitrary arrest and prolonged detention, exposure to torture, ill-treatment and enforced disappearance. OHCHR has therefore urged the government to revise the draft legislation substantially “to ensure that Sri Lanka’s counter-terrorism framework complies with international law and does not replicate the serious human rights violations associated with the PTA”.

Various human rights groups, civil society organisations, political activists and the media, too, have pointed out why the PSTA cannot be accepted as an alternative to the PTA. They have echoed OHCHR’s view that the PSTA has not defined terrorism properly, and this fact runs counter to international law. An overly broad definition allows the PSTA to be misused.

Having neutralised three formidable terrorist outfits, the LTTE, the JVP and the National Thowheed Jamaath, Sri Lanka needs robust anti-terror laws to protect itself against terrorism. Nothing must be left to chance. Similarly, all precautions must be taken to ensure that anti-terror laws do not contain structural flaws that can be abused to suppress civil liberties in the name of fighting terrorism.

The PSTA has also been criticised for seeking to empower senior police officers to issue detention orders and authorise pre-charge detention for renewable periods of up to two months for a total of up to one year. It has been pointed out by international human rights organisations, such as Amnesty International, that the PSTA has retained untrammeled executive powers; the presidential powers are so extensive that the sole avenue for appeal against Proscription Orders lies with the Executive itself so much so that they undermine the International Covenant on Civil and Political Rights (ICCPR).

The present-day leaders will do themselves a favour by abolishing the PTA, for it may be used against them when they lose power. The PTA, by its very nature, lends itself to abuse. The same is true of the proposed PSTA. Hence the pressing need to deep-six the PTA and the draft PSTA, and introduce new anti-terror laws that comply with international law.

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Editorial

Justice, hypocrisy and politics

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Saturday 27th June, 2026

Governments of all political hues in Sri Lanka usually do not uphold the foundational legal principle of the presumption of innocence when their political rivals happen to be arrested. The JVP-NPP administration has failed to be different despite its election pledge to usher in a new political culture. Its politicians and propagandists ruthlessly vilify their political opponents who are taken into custody. They apparently consider their rivals held on remand guilty until proven innocent.

The inversion of the presumption of innocence could have disastrous consequences, as evident from a large number of summary executions and political assassinations during the past armed conflicts in this country. The SLFP, the UNP and the JVP have committed the sin of physically eliminating their political opponents.

The current SLPP leaders, while they were in the SLFP-led UPFA government from 2010 to 2015, turned a parliamentary select committee into a kangaroo court against a Chief Justice, and hounded her out of office. The UNP also launched witch-hunts against upright public officials and judges and treated suspects as convicts. The JVP-led NPP has prejudged the guilt of three suspects, including former Justice Minister Wijeyadasa Rajapakshe’s son, Rakitha, and SJB organiser for Horana Charith Abeysinghe, arrested on Thursday on suspicion of seeking a bribe from the wife of a drug dealer in custody.

There is no gainsaying that the law must apply to everyone equally, and all allegations of transgressions must be probed. So, nobody should protest against the arrest of the aforementioned trio unless their legitimate rights are violated while in custody. If they are found guilty after a fair trial, stringent punishment must be meted out to them. This task is best left to learned judges. The government must not seek to gain political mileage out of their arrests. What one gathers from various statements the JVP/NPP politicians, including ministers, have been making about Rajapakshe and Abeysinghe is that the government is labouring under the misconception that they should be considered guilty simply because they have been arrested.

The SJB has suspended Abeysinghe’s party membership and launched a disciplinary inquiry. Such action is welcome. However, Abeysinghe should be given an opportunity to tell his side of the story and defend himself. The principle of natural justice must be upheld. That is how such matters are handled in the civilised world.

JVP/NPP politicians and propagandists continue to blame the SJB for having individuals with underworld links within its ranks. It should put its own house in order before telling other political parties how to deal with their members facing allegations.

Former Energy Minister Kumara Jayakody has been indicted for corruption before the Colombo High Court. The JVP/NPP unashamedly defended him to the hilt when the Opposition moved a motion of no confidence against him in Parliament. He stepped down when it became too embarrassing for the government to keep him in the Cabinet. What action has the JVP/NPP taken against him over charges of corruption? Has it at least held a disciplinary inquiry against him? Why hasn’t it suspended his party membership?

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Editorial

Falling oil prices and fallen heroes

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Friday 26th June, 2026

The whole world is enjoying the benefits of the US-Iran peace deal. Vessel traffic has more than doubled via the Hormuz Strait over the past 36 hours or so, bringing oil prices down steeply, according to media reports. Predictions that oil prices would not return to the pre-conflict levels in the foreseeable future have gone wrong.

World oil prices have come down almost to the pre-Iran war levels, with the global benchmark Brent crude dropping below USD 72.48 a barrel, described as the price it was at the day before the launch of the US-Israel attacks on Iran on 28 Feb., and settling at USD 72.63 per barrel. The US benchmark West Texas Intermediate (WTI) fell below USD 70 per barrel. These are very positive signs. Oil price decreases have stood all economies in good stead.

Some countries, such as the US, Australia and Pakistan, have opted for partial pass-throughs causing pump prices to drop, much to the relief of consumers who were reeling from the inflated fuel costs for more than three months. They have managed to cool inflation to some extent. But Sri Lankans are not that lucky. At the time of going to press, the JVP-NPP government had not decided to lower fuel prices; it was only trotting out various excuses for the so-called lag phase while pressure was mounting on it to reduce fuel prices at least partially. Sri Lanka’s fuel pricing has shown a rockets-and-feathers pattern under successive governments.

The JVP-NPP government did not scruple to opt for an immediate asymmetric cost pass-through when world oil prices increased. It allegedly resorted to price gouging by revaluing oil inventories, procured at lower costs, at prevailing market prices. When the Iran war erupted in late February, the government declared that the country’s fuel stocks were sufficient for several months, but it increased fuel prices immediately afterwards in keeping with global oil price hikes. Thus, it gets the best of both worlds by making fuel prices cost-reflective only when world oil prices rise. It is continuing the policies of the SLPP-UNP government, which it condemned for exploiting the public.

During their opposition days, the JVP/NPP leaders claimed that a government that increased local fuel prices whenever world oil prices rose was not worth its salt; it was a simple task that even a Pettah trader was equal to, they argued. They are now doing exactly what they flayed the previous governments for.

The Opposition has accused the government of keeping fuel prices unconscionably high to recover the staggering losses caused by the coal procurement scam, which has made the diesel-fired power plants operate overtime to compensate for a generation loss at Norochcholai. The Ceylon Petroleum Corporation has admitted that it had to buy some diesel shipments at prices as high as USD 286 per barrel to prevent supply disruptions. What has driven the demand for diesel high is the country’s overdependence on diesel-fired power plants to avoid power cuts.

Meanwhile, private bus operators, who secure fare hikes whenever diesel prices increase significantly, have argued that the operational and regulatory framework involving them and the National Transport Commission does not require them to lower bus fares when diesel prices decrease. If so, the government ought to introduce new laws and regulations to ensure that bus fares reflect diesel price decreases to prevent asymmetric pricing, for fuel is a major cost input in the transport sector.

If the JVP/NPP leaders were in the Opposition today, they would take to the streets demanding fuel price reductions. While out of power, they promised to champion the cause of the poor and resist injustice with might and main, just like Robin Hood and his Merry Men, but once in power, they are accused of behaving like Prince John and Sheriff of Nottingham; they are increasing taxes and enforcing compliance ruthlessly, besides jacking up tariffs. Such a hero-to-villain transformation usually carries significant political costs. No wonder the government is reluctant to face the Provincial Council elections.

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