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GL: Colombo Port City Bill received AG’s sanction

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…SC scheduled to commence hearing petitions today

By Shamindra Ferdinando

SLPP Chairman Prof. G.L. Peiris says that the proposed Colombo Port City Economic Commission Bill is consistent with the Constitution. Prof. Peiris, who is also the Education Minister, insists the Bill received the sanction of the Attorney General.

Prof. Peiris explained to the media the circumstances under which the incumbent government had initiated the proposed Bill. He did so having briefed Ven. Dr. Ittapane Dhammalankara Thera as regards the current political developments, at the Sri Dharmaloka Maha Viharaya, Rukmale, Pannipitiya, on Saturday (17).

President Gotabaya Rajapaksa recently presented the Colombo Port City EC Bill to the Cabinet of ministers. The 76-page Bill provides for the establishment of an EC authorised to grant registrations, licences, authorisations, and other approvals to carry on businesses and other activities in the Special Economic Zone (SEZ) to be established within the Colombo Port City.

Responding to government member Dr. Wijeyadasa Rajapakse’s bombshell accusations that the proposed Bill when enacted in parliament would transform newly reclaimed land adjacent to the Galle Face Green to sovereign Chinese territory, Prof. Peiris emphasized the responsibility on the part of the President in respect of the implementation of the project. Declaring that even an amendment couldn’t be moved without specific approval of the President, Prof. Peiris said all reports pertaining to financial matters, too, should be submitted to the President.

The former law professor also challenged those opposed to the proposed Bill claiming that the police and the military would be excluded from performing duties in the reclaimed land. One-time External Affairs Minister insisted that the police and the military enjoyed the right to exercise powers in terms of the country’s law in case of violations.

The minister said that the government was keen to create an environment conducive for foreign direct investment. However, those who now decried the Colombo Port City EC Bill conveniently forgot the formation of the ‘Greater Colombo Economic Commission’ (GCEC) under a new draconian Bill introduced by the then President J.R. Jayewardene.

Prof. Peiris said unlike JRJ’s Bill, the one proposed by the incumbent government adhered to the Constitution hence the approval from the Attorney General.

Prof. Peiris alleged that the JRJ’s Act paved the way for GCEC to take decisions pertaining to newly formed Export processing Zones (EPZ) and basically conduct its affairs outside the purview of the parliament. Claiming that those who exercised the required powers could transfer funds to and from accounts and anyone violating the secrecy faced jail terms, Prof. Peiris stressed that even the judiciary couldn’t intervene in some matters pertaining to this particular Act introduced in 1978.

According to Prof. Peiris, in 1992, the then President Ranasinghe Premadasa further strengthened the law by depriving the public an opportunity to obtain a restraining order from a court in respect of the all-powerful Commission.

Prof. Peiris accused the UNP and its breakaway faction, the Samagi Jana Balavegaya (SJB) and other interested parties of propagating lies against the project as part of their overall political strategy. The minister acknowledged that the UNP was among those who moved the Supreme Court against the proposed Bill.

Since former Justice Minister Rajapakse strongly condemned the proposed Bill at a hastily arranged media briefing at Abayaramaya under the auspices of Ven Muruththettuwe Ananda thera, several Ministers and State Ministers, Keheliya Ranbukwelle, Mahindananda Aluthgamage, Prof. G. L. Peiris, Namal Rajapaksa, Ajith Nivard Cabraal responded to their colleague on behalf of the government.

A five-member bench of the Supreme Court will begin hearing the petitions today (19).

Among those who filed cases against the proposed Bill were President of the Bar Association Saliya Pieris, PC, former lawmaker Wasantha Samarasinghe on behalf of the JVP, civil society activists, Gamini Viyangoda and K.W. Janaranjana on behalf of Purawesi  Balaya and the Center for Policy Alternatives (CPA).

Viyangoda questioned the government’s motive in depriving the public ample time and space to challenge the constitutionality of the Bill.

Purawesi Balaya spokesperson said that the disputed Bill had been placed on the Order Paper of Parliament on the 8th of April 2021, at a time when the sittings of the Supreme Court were suspended for the vacation. In terms of the Constitution any citizen seeking to challenge a Bill on the grounds that it is inconsistent with the Constitution has to do so within one week of being placed on the Order Paper of Parliament, which in this instance is the 15 th of April 2021. The petitioner said between the 8 th April 2021 and 15 th April 2021, there were the weekend and three public holidays intervening, thereby giving any citizen seeking to challenge the Bill, only two working days to obtain legal advice and representation.

Those who complained bitterly over urgent Bills exercised the same strategy as regards the controversial Bill, the civil society activist said. Responding to another query, Viyangoda said that if the government was confident the Bill didn’t violate the Constitution, it could have been properly discussed at their parliamentary group meeting before being presented to the cabinet of ministers.



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Appointment of GM led to CEB chief’s resignation?

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By Ifham Nizam

Amidst further deterioration of the power crisis, the Chairman of the Ceylon Electricity Board (CEB) M.M.C. Ferdinando has tendered his resignation to President Gotabaya Rajapaksa.

In a letter to the President, the Attorney-at-Law said that he is quitting due to personal reasons. Ferdinando will resign as Chairman/Member of the Electricity Board with effect from Feb. 1.

Sources close to Ferdinando said that the incumbent CEB Chairman did not want to be in that position following the appointment of Eng. Dr. D.C.R. Abeysekera as CEB General Manager. Abeysekera received his letter of appointment from Ferdinando on Tuesday (25).

Abeysekera received the appointment at the expense of Dr. Susantha Perera, whose designation as the GM on a temporary basis was resisted by the engineers’ union as he is a retiree.

Retired public servant Ferdinando was brought in as the CEB Chairman on July 19, last year soon after Sri Lanka entered into what was called a framework agreement with the US energy firm, New Fortress Energy. The agreement now challenged in the Supreme Court was finalised on 17 Sept, last year with Ferdinando endorsing it as an Advisor to the Finance Ministry.

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UK indicates sanctions against Lanka military

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By Shamindra Ferdinnado

Close on the heels of UK Foreign Minister Lord Tariq Ahmad’s three-day visit here, the House of Commons has been told that measures were being contemplated as regards the Sri Lankan military.

Foreign, Commonwealth and Development Office (FCDO) Minister Amanda Milling has told Parliament that the government regularly engaged with the US and other partners on issues relating to Sri Lanka. She has further said: “The UK government keeps all evidence and potential designations under the UK Global Human Rights sanctions regime under close review, guided by the objectives of the sanctions regime. We would not normally speculate about future sanctions targets, as to do so could reduce their impact.”

The Conservative Party member was responding to Labour Party’s Siobhain McDonagh on Tuesday (25). MP Milling was responding to a query McDonagh posed to the Secretary of State for Foreign, Commonwealth and Development Affairs Elizabeth Truss, what assessment she has made of the implications for her policies of the sanctions imposed by the US on General Shavendra Silva of the Sri Lankan army.

The US in Feb 2020 imposed a travel ban on General Silva, who is also the Chief of Defence Staff (CDS). Recently, the US extended its action against the Sri Lankan military by issuing travel ban on retired Maj. Gen. Udaya Perera.

The UK based Global Tamil Forum (GTF) has commended the British stand.

Concerned Lankan military sources said that the UK in its capacity as the leader of Sri Lanka Core Group at the Geneva-based Human Rights Council (UNHRC) was planning further measures ahead of the next human rights sessions.

UK based sources told The Island that that type of written parliamentary question was usually answered by a government minister from the FCDO.

Sources explained as this particular question dealt with Sri Lanka, the minister responsible was Lord Tariq Ahmad, but as he represented the House of Lords he couldn’t make statements in the Commons chamber.

Sources added that it would be rare that a question on Sri Lanka would be directly responded to by the Foreign Secretary Truss

Commons member Amanda Milling is Minister of State for Asia, therefore her portfolio closely matches Tariq Ahmad’s brief.

Incidentally, the FCDO now has a British Tamil in a senior position. Maya Sivagnanam is South Asia Deputy Director for the Indian Ocean Region at the FCDO.

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JCPSM token strike cripples hospitals in Western Province

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Strikers want Health Ministry to solve their problems within 10 days

By Rathindra Kuruwita

The Joint Council of Professions Supplementary to Medicine (JCPSM) launched a 24-hour token strike yesterday (26) at 7 am at all hospitals in the Western Province. It consists of 16 unions.

The JCPSM has urged the government to address its members’s grievances including salary anomalies and issues related promotions. The strike had crippled hospitals in the province, Health Ministry sources said.

The JCPSM said emergency care, essential services and the treatment of COVID patients had not been affected by the strike.

President of the Government Nurses’ Association and former UNP National List MP Saman Rathnapriya said they had been urging the government to solve their problems for the past two months.

The College of Medical Laboratory Science (CMLS) President, Ravi Kumudesh told The Island that they would end the token strike by 7 am today m(27) and thereafter give the government 10 days to address their demands.

“We will launch a continuous strike if the demands are not met within 10 days,” he said.

President of the Government Medical Officers’ Forum (GMOF) Dr. Rukshan Bellana said that most unions seemed to have lost the ability to solve disputes through negotiations.

“The unions have become too politicised, and the people are suffering as a result.”

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