Midweek Review
Govt. in dilemma over anti-terrorism law:
No letup in Int’l, civil society pressure
By Shamindra Ferdinando
Under any circumstances, post-war Sri Lanka cannot ignore international concerns as regards the Prevention of Terrorism (Temporary Provisions) Act (No 48 of 79).
A section of the international community wants Sri Lanka to amend the PTA without further delay. The civil society organisation, One-Text Initiative (OTI) has pointed out repealing the PTA is a necessity underscored by the European Union and the Geneva-based United Nations Human Rights Council (UNHRC) as well as by Western-funded civil rights organisations and international agencies. It would be pertinent to mention that the OTI came into being in 2003 in the wake of the Norway arranged Ceasefire Agreement (CFA). The CFA, too, made reference to the PTA. The following is the relevant section 2.12: The parties agree that search operations and arrests under the Prevention of Terrorism Act shall not take place. Arrests shall be conducted under due process of law in accordance with the Criminal Procedure Code. Therefore, the public should know the PTA had been an issue for the LTTE, too.
Following the 5th Meeting of the European Union – Sri Lanka Working Group on Good Governance, Rule of Law and Human Rights on Sept. 29, 2021, they issued a comprehensive statement.
Let me reproduce the relevant section verbatim: “Sri Lanka provided an update on the action in process to review the Prevention of Terrorism Act, and reiterated its commitment to bring it in line with international norms and standards within a time bound process. The EU and Sri Lanka agreed to take stock of the progress in this regard by the next meeting of the EU-Sri Lanka Joint Commission in early 2022. The need to uphold international norms and standards of human rights while countering terrorism and violent extremism was also underlined.”
OTI last Monday (25) arranged a discussion on the PTA and its impact with the participation of lawyer Chrishmal Warnasuriya, Dr Paikiasothy Sarawanamuttu, UK-based Amal Abeywardene and the writer. Harindra B Dassanayake moderated the two-hour discussion. All agreed with Dr. Sarawanamuttu’s call for a moratorium of the PTA until the government and those engaged in discussions on the future of the security law reached a consensus. The civil society guru also suggested until consensus could be reached on the issue at hand, the Attorney General should be authorised to facilitate bail to those held under the PTA. That proposal, too, should be seriously considered. OTI raised specific issues relating to the PTA. Why does the reforming/ repealing of PTA matter? , What is the situation now, and what is likely to happen? Are there options for Sri Lanka, and with what consequences? What hinders change? And what paths and steps are recommended? The OTI initiative should be appreciated.
Western powers are eternally interested in accountability issues and related matters here. However, there is no such enthusiasm to correct far worse continuing wrongs in places like Egypt, Israel or for that matter the continuing genocide in Yemen, thanks to Saudi Arabia and UAE or against international drug rings freely operating from capitalist citadels, like Dubai!
Since the end of the war in May 2009, the GoSL (Government of Sri Lanka) has been under tremendous pressure to either abolish the PTA or amend it in line with laws in place in other parts of the world. Do we need anti-terrorism laws? Do they serve any purpose or strengthen Sri Lanka’s response to terrorist challenge? Sri Lanka should have examined how PTA facilitated the country’s overall response to terrorism.
Unfortunately, successive governments conveniently failed to do so just to appease the West fearing a greater orchestrated outcry against the country, thereby contributed to some international efforts to discredit the Sri Lankan military as well as the law enforcement apparatus.
The country experienced two terrorist campaigns in the South in 1971 and 1987-1990 and the 30-year-old war spearheaded by the LTTE. Sri Lanka defeated all three attempts through military means. The country had no option but to deal militarily with terrorism and conventional military challenge, regardless of opposition. Some sections of the international community oppose the PTA. But no one talks about draconian anti-terror laws in place for example in the USA or the UK since 9/11 and thereafter.
They always boast about a rules-based order followed by the international community. What is this international community? It is nothing but a self-appointed handful of countries in the West that earlier plundered much of the world at their will.
Interestingly, almost all those countries demanding abolition or amendments to the PTA provide refuge to those who should have been dealt with in terms of anti-terrorism laws. Those countries swiftly accept accusations that the PTA is used widely and indiscriminately at the expense of public freedom and also against political opponents.
Focus on PTA cases
Let me briefly refer to four recent cases that had attracted international attention due to some of those involved being arrested in terms of the PTA, as well as accusations relating to Sri Lankans seeking political refuge overseas: (i) Arrest of Attorney-at-Law Hejaaz Hizbullah in April 2020 over his alleged involvement in the 2019 Easter Sunday carnage (ii) the recent Inter-Parliamentary Union (IPU) statement on the arrest and the subsequent release of All Ceylon Makkal Congress (ACMC) leader and MP representing the Samagi Jana Balavegaya (SJB) Rishad Bathiudeen. The MP was also taken into custody in terms of the PTA over the Easter Sunday attacks blamed on National Thowheed Jamaat. It would be pertinent to mention that the IPU represents altogether nearly 180 Parliaments all over the world (iii) New Zealand police killing Ahamed Adhil Mohamed Samsudeen, 31, who had secured political asylum therein in Dec 2013 on the basis of him being under threat in Sri Lanka. No less a person than New Zealand Prime Minister Jacinda Ardern has admitted how the man from Kattankudy, who knifed several persons in an Auckland shopping mall received inspiration from ISIS (iv) New Zealand granting political asylum to a Sri Lankan wanted in connection with the Easter Sunday attacks. The suspect also wanted under the PTA received New Zealand protection soon after the mayhem in the shopping mall.
Hizbullah’s arrest was also taken up by the UK-led Sri Lanka Core Group at the UNHRC as well as by HRC Michelle Bachelet. In spite of Hizbullah personally knowing two of the Easter bombers and their father, Mohammad Yusuf Ibrahim, he should be considered innocent until found guilty in a court of law.
Hizbullah knew them as he had represented the wealthy family in court and his right as a lawyer to represent anyone should never be questioned whatever the accusations directed at his clients. The UN, foreign government and the civil society, too, should have the right to represent the interests of anyone regardless of the accusations. In the absence of own legal representation or the inability to procure legal services, suspects, whatever the accusations directed at them, reserved the right to obtain legal support from the Attorney General’s Department.
Similarly, the State, in this case the Sri Lanka State shouldn’t give up its right to take security measures deemed necessary to protect the public. The government cannot forfeit its right to defend the public against acts of terrorism. However, every effort should be made to address concerns of the UN and the EU as regards the PTA.
Most importantly, the government should respond to concerns raised by the Tamil National Alliance (TNA) and all other political parties representing the Tamil speaking people as well as the civil society such as the Centre for Policy Alternatives (CPA).
The incumbent government in June this year appointed a high powered committee chaired by Defence Secretary Gen. Kamal Gunaratne to examine the PTA. The Committee has been asked to recommend whether to suitably amend the current law or introduce new counter-terrorism law.
Prez wants PTA examined
President Gotabaya Rajapaksa’s decision to examine the Counter Terrorism Act (CAT) prepared on the instruction of former Premier Ranil Wickremesinghe should be appreciated. Gen. Gunaratne’s committee received specific instructions to study the CAT. The government should be ashamed of its failure to undertake a comprehensive study on the PTA before foreign powers intervened. Having examined the CAT, the writer is quite convinced it addressed concerns of all.
Prepared by the previous government in consultations with the British, French, EU et al, the CAT can be the basis for proposed new law or facilitate required amendments to the existing PTA.
Sri Lanka should seek a guarantee as regards comprehensive cooperation from Western governments to address threats posed by terrorism. They cannot ignore such a request on the basis of their domestic laws. A lot depends on international cooperation to fight terrorism. Western powers no longer can deny their response to terrorism elsewhere, in a way, promoted terrorism on their soil. How many Sri Lankan terrorists received political asylum in those countries, particularly in the UK, Canada and Germany? Sri Lanka cannot forget the fact that Western powers at least do not share information regarding missing persons. How many thousands of those categorised as missing or disappeared Lankans live overseas under different names.
The recent assassination of ruling party British lawmaker David Amess, 69, is a case in point. The police arrested 25-year-old Ali Harbi Ali, British passport holder of Somali origin over the stabbing in a church east of London. Hope the British investigate the circumstances under which the assassin received British nationality. Having declared the MP’s killing an act of terrorism, the British should conduct a no holds barred investigation. The British media reported the suspect has been detained in terms of additional powers under anti-terrorism laws.
In June 2016, another terrorist, who believed in white power, assassinated 41-year-old Jo Cox. She was shot thrice and then stabbed 15 times. The British cannot turn a blind eye to the growing threat posed by terrorism. Perhaps, law enforcement authorities require wider powers to deal with new threats.
Incidents in New Zealand, Norway, France, Germany and other countries must influence governments to take sufficient measures to ensure public protection. The civil society as well as international organisations, such as IPU, too, should be accountable for campaigns they do. They should be mindful of their actions.
The IPU’s right to be concerned over MP Bathiudeen’s detention should be respected. There shouldn’t be any issue over IPU’s response to the Sri Lankan politician’s arrest. Let the IPU closely examine MP Bathiudeen’s case. Perhaps, the IPU should make its position public on the assassination of Sri Lankan Foreign Minister Lakshman Kadirgamar and clandestine meeting the Norwegian government had with the LTTE’s British advisor Anton Balasingham in the UK to discuss ways and means of managing the fallout.
Those who want Sri Lanka to adhere to international standards in the formulation of anti-terrorism laws should be reminded how Commonwealth heavyweight India destabilised Sri Lanka. The transformation of Sri Lanka’s ceremonial armed forces to one of the best fighting forces in the world should be studied against the backdrop of Indian intervention. Sri Lanka needed the PTA as part of the overall measures against terrorism. Can anyone honestly declare that clandestine LTTE operations in Colombo and its suburbs could have been thwarted without the PTA.? Sri Lanka had no option but to fight back. The PTA had been part of the overall defence. The PTA should be discussed taking into account high profile terrorist operations in the South that resulted in political assassinations. Perhaps, the PTA hadn’t been enough to neutralise the LTTE. They succeeded in assassinating President Ranasinghe Premadasa on May Day 1993, made an abortive bid to assassinate Chandrika Bandaranaike Kumaratunga at the final PA rally ahead of the 1999 presidential election, blew up over 50 people, including UNP presidential candidate Gamini Dissanayake in late Oct 1994, suicide attack on the then Lt. Gen. Sarath Fonseka and Defence Secretary Gotabaya Rajapaksa in April 2006 and Oct 2009, respectively. All those responsible for the above-mentioned terrorist attacks came to the South as innocent civilians until the moment they transformed themselves into human bombs.
Those who demand that the government treat terrorist suspects with respect did nothing when the LTTE blasted civilians outside the war zone while mingling with ordinary people. Interestingly, years before the ISIS influenced terrorists, the LTTE inspired Norway’s worst ever terrorist attack. The far–right Norwegian terrorist who massacred 77 people, including dozens of children, is on record as having explained how LTTE terrorism directed at Muslims inspired him.
International interventions
The EU’s strong push against Sri Lanka’s current anti-terrorism law should be examined taking into consideration its demand to do away with the death penalty.
The EU-Sri Lanka joint statement issued following the Sept. 21, 2021 meeting also dealt with the death penalty, even though the death penalty had not been carried out in the country since the mid-’70s. The relevant section is as follows: “The EU reiterated its opposition to the death penalty in all circumstances. Welcoming the continued moratorium, the EU encouraged Sri Lanka to take steps towards the formal abolition of capital punishment.”
How is it that the EU is so concerned about Sri Lanka’s dormant death penalty, but didn’t lift a finger to spare the life of Saddam Hussein or the cold blooded killing of Libyan Leader Muammar Gaddafi, both deaths instigated by the West?
The abolition of the PTA or enactment of new anti-terrorism law should be discussed with push for a new Constitution. The successful conclusion of the war over 12 years ago opened up a new front. The Geneva Human Rights Council got involved with the move to draft a new constitution here. Premier Wickremesinghe spearheaded that effort, too, the way he had handled unfinished project to introduce new anti-terrorism law. In fact, co-sponsorship of the 2015 Geneva resolution had been in line with the overall game plan that brought Maithripala Sirisena into power in January 2015. Following the August 2015 general election, Wickremesinghe enjoyed a commanding position in Parliament with which he could have had achieved major political objectives if not for the Treasury bond scams perpetrated in Feb 2015 and March 2016. That is the undeniable truth.
Having lambasted the UNP, both in and outside Parliament, for planning to do away with the PTA at the behest of Western powers, the SLPP is working with the same lot to either amend or introduce new anti-terrorism laws.
The government seems incapable of at least presenting Sri Lanka’s case before the international community properly. Sri Lanka should discuss application of anti-terrorism laws during the deployment of the IPKF (Indian Peace Keeping Force). Did the world care about what really happened in Sri Lanka’s Northern and Eastern provinces during the IPKF deployment? Having destabilised Sri Lanka, India forced the then government to ‘accept’ the IPKF in terms of the Indo-Lanka accord signed on July 29, 1987.
Those who had been detained by the IPKF on suspicion were not handed over to Sri Lanka police for investigations. Therefore, the PTA didn’t matter. The IPKF hadn’t been accountable at all in respect of operations conducted here and those who want Sri Lanka hauled up before foreign judges over alleged war crimes /accountability issues are conveniently silent on the period India had been responsible for Northern and Eastern districts.
Easter Sunday carnage
If not for the Easter Sunday carnage, the UNHRC and the EU would have definitely demanded the abrogation of the PTA. The Western funded civil society, too, would have pushed for the same. Sri Lanka would have found it extremely difficult to justify the need for continuation of anti-terrorism laws. However, the Easter Sunday massacre proved that a country cannot take security for granted. Sri Lanka’s failure to deal with specific intelligence provided by India pertaining to impending terrorist attack, too, should be dealt in terms of the PTA.
Accusations that the Sri Lanka Podujana Peramuna (SLPP) benefited at the presidential and parliamentary polls, respectively, as a result of the Easter attacks cannot be ignored. No less a person than Malcolm Cardinal Ranjith has repeatedly raised that issue against the backdrop of the incumbent government’s failure to implement recommendations of the Presidential Commission of Inquiry (PCoI) that inquired into the Easter attacks.
Interestingly, the then Premier Ranil Wickremesinghe used the Easter attacks to justify his government’s bid to replace the PTA with a new counter-terrorism law.
Midweek Review
US funding for Colombo port project involving Adani group and JKH in the balance
In response to US indictment, Adani has declared that his conglomerate is committed to “world-class regulatory compliance.” The international media quoted one of the world’s richest as having said: “This is not the first time we have faced such challenges. What I can tell you is that every attack makes us stronger. And every obstacle becomes a stepping stone for a more resilient Adani Group.”
Adani said so at an awards ceremony in Jaipur.
By Shamindra Ferdinando
Dr. Ganeshan Wignarajah, in his capacity as an advisor to the Sri Lankan President, and member of the Geopolitical Cartographer board, as mentioned in the latest Indo-Pacific Defence Forum, dealt with the ongoing economic-political-social crisis here.
Dr. Wignarajah, who had served as the Executive Director of the Lakshman Kadirgamar Institute (LKI) during the Yahapalana administration, quite confidently asserted (i) economic mismanagement (ii) Chinese loans and (iii) Covid-19 and other external shocks caused the unprecedented crisis.
The quarterly, published by the Commander of the U.S. Indo-Pacific Command, is meant to promote their overall political-military and social strategy in the Indo-Pacific region.
The Sri Lankan-born academic, in his article titled ‘Partners for Progress: Sri Lanka works with India, U.S. to bolster economy, stability,’ examined the developing situation here against the backdrop of, what he called, Chinese debt trap diplomacy. China has strongly refuted such accusations over the years. We haven’t forgotten the verbal battle between Yahapalana Finance Minister Ravi Karunanayake and the then Chinese Ambassador Yi Xianliang over the former’s disparaging remarks on interest rates on loans provided by China. This was in late 2016, several months after the second mega Treasury bonds scam, perpetrated by the Premier Ranil Wickremesinghe-led government.
Dr. Wignarajah conveniently refrained from making reference to over USD 10,000 million in new International Sovereign Bonds that had been taken between 2015 and 2019, following the change of government. Former President Mahinda Rajapaksa is on record as having declared procurement of USD 10,000 million, by the Yahapalana leaders, broke the back of the Sri Lankan economy. Instead, the academic cleverly hid the Yahapalana borrowings. Dr. Wignarajah declared (in verbatim): “Sri Lanka’s default demonstrates the risk of imprudent foreign borrowing, with relying on sovereign bonds with high interest rates to finance development projects or high-interest, low return Chinese loans.’’
As the article had been formulated before the presidential election that was held on Sept. 21, 2024, the professorial fellow in economics and trade at Gateway House, Mumbai, missed an opportunity to examine post-national poll developments.
The unexpected emergence of the National People’s Power (NPP), as the dominant political power, at the expense of the Sri Lanka Podujana Peramuna (SLPP) and the United National Party (UNP), according to some, may change the dynamics of Sri Lanka’s relations with the US-led grouping that includes India. However, others assert that bankrupt Sri Lanka has no other option but to continue with the IMF agenda and an agreement on economic partnership, signed in July 2023, by Premier Narendra Modi and the then President Ranil Wickremesinghe.
Wickremesinghe, who suffered a humiliating defeat in the presidential poll on September 21, and then at the parliamentary elections on Nov. 14, 2024, emphasized the responsibility on the part of his successor Anura Kumara Dissanayake to fully implement, what he called, the ‘Vision document’ with India.
The Press Trust of India (PTI) quoted Wickremesinghe as having said so on the sidelines of an event he attended at the Sri Sathya Sai Vidya Vihar school recently.
The SLPP-led Parliament that elected Wickremesinghe as the President in July 2022 to complete the remainder of President Gotabaya Rajapaksa’s five-year term, owed the country an explanation whether the former received the approval of the Cabinet to finalize the so-called ‘vision document.’ The latest Indo-Lanka agreement dealt with strengthening maritime, air and energy ties, as well as land connectivity between the two countries. There hadn’t been a proper discourse, at any level, regarding the ‘Vision document,’ though various interested parties promoted the controversial ‘Vision document’ in the run-up to the presidential election.
On behalf of India, Pathfinder Foundation requested the leading candidates at the presidential election, namely Ranil Wickremesinghe, Sajith Premadasa and Anura Kumara Dissanayake, to go ahead with the ‘vision document.’
It would be pertinent to mention that Dr. Wignarajah has ceased to be an advisor to the Sri Lankan President in the wake of Wickremesinghe’s defeat. The advisor had been also involved with Pathfinder Foundation as a senior visiting fellow at the Foundation.
He has had the audacity to even deal in cavalier fashion with India’s intervention in 2022 to save Sri Lanka with reference to the Adani Group’s investments here as well as longstanding US projects, such as the Millennium Challenge Corporation that was rejected by President Gotabaya Rajapaksa’s government.
Essentially, the expert addressed the issues at hand from the point of view of the US-India response to the Sri Lanka crisis.
New developments
The killing of Canada-based Sikh separatist leader Hardeep Singh Nijjar outside his Vancouver temple in June 2023 has caused an unprecedented diplomatic row between New Delhi and Ottawa. The killing that Canada had blamed on India without whatsoever hesitation led to tit-for-tat expulsion of diplomatic staff. Among those who had been expelled were the top most Indian and Canadian intelligence officials based in the respective capitals.
But what really upset New Delhi was the US and the UK throwing their collective weight behind Canadian accusations, thereby undermining the Modi government’s international standing. Perhaps, the harm that had been caused to the relations between Canada and India can never be restored.
International news agencies in Oct, 2024 quoted the spokesperson of the UK’s Foreign Commonwealth and Development Office (FCDO) as having said: “We are in contact with our Canadian partners about the serious developments outlined in the independent investigations in Canada. The UK has full confidence in Canada’s judicial system. Respect for sovereignty and the rule of law is essential.”
“The Government of India’s cooperation with Canada’s legal process is the right next step,” the official added.
On top of the simmering diplomatic row with Ottawa, the US has filed charges against an Indian government employee over his alleged involvement in a failed plot to kill an American citizen of Indian origin. The Federal Bureau of Investigation has identified a New York-based targeted person as a prominent advocate for Sikh separatism.
The US Attorney’s Office for New York declared in Oct, 2024 that it filed “murder-for-hire and money laundering charges” against Vikash Yadav.
Another suspect in the case, Nikhil Gupta, was extradited to the US earlier, in 2024, to face charges, while Yadav remains at large. There hadn’t been such high profile previous cases involving Indian government agents conducting clandestine operations in the West.
Canadian and US investigations have placed India in an utterly embarrassing position. In spite of strong Indian denials, both Canada and the US have maintained that India is under investigation.
The possibility of Canada and the US trying to establish a connection between those who had been involved in operations in their respective territories cannot be ruled out.
The state of crisis of Indian foreign relations with the West has to be discussed, taking into consideration the shocking Canadian declaration that no less than Home Minister Amit Shah, widely believed to be the second most powerful person in the country, sanctioned the Vancouver hit.
Regardless of Indian denial, Canada has refused to change its stand with regards to Shah’s direct involvement in targeting those India considered as a threat. There seems to be no way forward for India on the matter, especially in the West as both Canada and the US pursued investigations.
How could the Canadian and US common stand in respect of clandestine operations undertaken by India undermine India’s once robust relations with the West? Can the West jeopardize their relations with India, at a time they are in conflict with China and Russia?
The Modi’s government obviously has ended up with egg on its face and is struggling to cope up with extremely harmful media coverage. Shah is the chief aide to Premier Modi.
Against the backdrop of Canadian accusations directed at Shah, the US is also likely to probe the possibility of the powerful Home Minister having a hand in the New York operation. Whatever the outcome of Canadian and US investigations, New Delhi will have to address the collective responsibility on the part of the Indian Cabinet in authorizing clandestine operations overseas.
The Adani factor
When Wickremesinghe recently demanded that his successor President Dissanayake goes ahead with the ‘Vision document’ with India, he was probably turning a blind eye to the US indictment of Gautam Adani over high profile accusations regarding the USD 265 mn alleged bribery scam to benefit Indian government officials.
Perhaps, the US move against Adani, one of the closest associates of Modi, may destabilize Indo-US relations. Adani and seven others had been charged over, what the US called, the corrupt solar project. They have been accused of securities fraud, conspiracy to commit securities fraud, and wire fraud.
Dr. Wignarajah, in his piece to the US military magazine, praised the Adani projects here to the high heavens. Obviously, as the US indictment hadn’t been announced at the time the academic submitted his piece to the Indo-Pacific command, he couldn’t be faulted for the omission. However, the new Sri Lanka government shouldn’t try to side-step the issue by engaging in delaying tactics.
Unexpected bribery accusations that had been directed at the Indian conglomerate placed a major US funded project here under an extremely difficult situation, particularly because the US was to provide funding to the tune of over half a billion USD. The West Container Terminal at the Colombo port involved Sri Lankan blue chip John Keells and the Adani Group. Other participants are Special Economic Zone Limited and Sri Lanka Ports Authority in the USD 700 mn project.
The NPP government never expected the US to move legal action against the Adani group and may find it difficult to explain Sri Lanka’s continuing partnership with the Indian conglomerate. Unless of course, proper reassessment was made in respect of the Port project as well as other investments, particularly investment of U.S. 1.4 bn for wind power plants.
The US recently disclosed that though they promised over half a billion USD for the Colombo port project, the funding hadn’t been made available so far. Would denial of US funding undermine the implementation of the Port project. Construction began in Nov. 2022, five months after Parliament elected Wickremesinghe as the President.
The US stepped in during Ranil Wickremesinghe tenure as the President after previous plans for the East Container Terminal, involving Japan and India, had to be shelved due to protests. Sri Lanka had no other option but to offer the Colombo West Terminal project to appease New Delhi, furious about unilateral cancellation. The country paid a huge price for such cancellations, having announced mega projects without proper evaluation and consensus with stakeholders. There can be no better example than the idiotic cancellation of the Japanese-funded Colombo light rail project soon after the 2020 general election.
Japan reacted angrily to the unilateral announcement of the cancellation of USD 1.4 bn project funded by Japan through a soft loan.
What would be the fate of the West Container Terminal project in case Adani and JKH had to fund it in the absence of US financial backing? How could the US and India intend to maintain close links as desired by both powers against China in the backdrop of continuing bad press over attacks on Sikhs living overseas and the Adani fiasco.
The Congress-led Indian Opposition disrupted both Lower and Upper Houses of Parliament demanding a joint committee to investigate Adani’s companies in the agriculture, renewable energy, coal and infrastructure sectors. Unless India addresses accusations against Adani in a transparent manner, they can have long term repercussions, both domestically and internationally.
In the wake of the US indictment, Kenya cancelled multimillion-dollar deals with the Adani Group for airport modernization and energy projects. The mega company will also face scrutiny in Sri Lanka and Bangladesh.
The damage to US-India ties would be much more with legal action against Adani compelling India to play it safe. While the government remained silent on the issue at hand, Amit Malviya, the governing Bharatiya Janata Party’s IT head, declared in a post on the social media platform X that the US charges were “allegations and the defendants are presumed innocent unless and until proven guilty.” Critics asserted that this was nothing but a show of support by the Modi government for the Adani Group.
It would be interesting to see how the much weakened Opposition in Sri Lanka Parliament takes up the Adani issue. Parliament meets this week, though the issue is not on the agenda, an Opposition member may take the opportunity to comment on the politically sensitive matter.
Adani is the major Indian investor here. According to available data, Adani’s projects account for nearly 70% of overall Indian investments during the 2005-2019 period.
A story from the past
Undue Indian government intervention on behalf of Adani group was disclosed amidst unprecedented political turmoil here with President Gotabaya Rajapaksa under tremendous pressure in June 2022 with the country unable to finance basic needs with covert groups even having blocked worker remittances through official channels.
The revelation was made by then head of the Ceylon Electricity Board (CEB) M.C.C. Ferdinando during an open hearing of the Committee of Public Enterprises (COPE) that President Gotabaya Rajapaksa told him that Indian Prime Minister Narendra Modi had insisted that a 500-megawatt wind power project be directly given to the Adani group.
Embattled President Rajapaksa denied the disclosure. Within two days after the shocking declaration in Parliament, Ferdinando claimed that he lied after being overwhelmed by emotion. Of course no one took Ferdinando’s denial seriously for obvious reasons.
“On November 24, 2021, the President summoned me after a meeting and said, India’s Prime Minister Modi is pressuring him to hand over the project to the Adani group,” Ferdinando said, according to a video clip of his testimony made available by Parliament. According to the CEB head, he had received instructions from President Rajapaksa in this regard in Nov. 2021, just weeks after Adani visited Colombo.
Ferdinando was responding to questions posed by the then head of COPE Prof. Charitha Herath and another member about the circumstances the Adani group had chosen to construct a 500 MW wind power plant on the northern coast.
Ferdinando told the committee that he informed the President that the matter didn’t concern the CEB, but the Board of Investments. “The President insisted that I look into it. I then sent a letter mentioning that the President has instructed me and the Finance Secretary should do the needful. I pointed out that this is a government-to-government deal,” Ferdinando said.
During the heated hearings, Prof. Herath asked whether the wind power deal would be considered “unsolicited”. “Yes, this is a government-to-government deal, but the negotiations should take place according to the least cost policy mentioned in the act,” said Ferdinando.
On the following day, President Rajapaksa contradicted the CEB Chief. “Re a statement made by the #lka CEB Chairman at a COPE committee hearing regarding the award of a Wind Power Project in Mannar, I categorically deny authorization to award this project to any specific person or entity,” he tweeted.
“I have withdrawn that statement,” Ferdinando said. The media quoted the CEB Chief as having said that he only realized that he mistakenly made such a comment, when the Minister inquired from him about the matter on Saturday (June 11) morning.
Thereafter, Ferdinando issued a statement to Prof. Hearth on Saturday in which he tendered an apology, saying that due to “unexpected pressures and emotions”, he was compelled to name the Indian Prime Minister.
The public hearing took place on a Friday, a day after Parliament passed an amendment to the 1989 Electricity Act that removed competitive bidding. The main opposition, Samagi Jana Balawegaya (SJB), alleged that the primary reason for bringing forward the amendment was to accommodate the “unsolicited” Adani deal. The SJB demanded that projects beyond 10 MW capacity should go through a competitive bidding process.
The amendments to the Sri Lanka Electricity Act were passed with 120 votes in favour of the amendments with 36 voting against in the 225-member Parliament amid strong resistance from power sector trade unions in the state-run Ceylon Electricity Board (CEB). Thirteen MPs abstained in the voting.
The story should be examined taking into consideration Adani’s pow vows with President Gotabaya Rajapaksa and Premier Mahinda Rajapaksa in late Oct. 2021 in Colombo.
Midweek Review
Agnotology and ethnic relations
by Geewananda Gunawardana,
Ph.D.
The scientific study of culturally induced ignorance and its effects on society is referred to as agnotology. Regardless of the catchy name, this discipline gives credence to the phenomenon and helps the systematic investigation of this sensitive subject. Ignorance is not a demeaning term, but it is a condition that must be acknowledged and dealt with, just as a sickness needs to be treated. Sri Lankans have another reason to do so: Buddhism teaches it as the root cause of all human problems, even though it refers to a different kind of ignorance. Culturally induced ignorance is becoming more prevalent, particularly with the rise of Artificial Intelligence; for example, the country that has the best education system in the world is not free from it as shown by its recent election of a convicted felon to lead them. In that sense, we the Sri Lankans should be enormously proud of our accomplishment; we have proven our wisdom as a nation. But the job is not complete, there are more dark corners that need illumination.
This type of ignorance results from the intentional dissemination of inaccurate or misleading information for the benefit of an individual, organisation, or a movement (Iain Boal 1992). That does not mean the facts are not available, but they are overridden, hidden, and muddied: “We live in a world of radical ignorance, and the marvel is that any kind of truth cuts through the noise. Even though knowledge is ‘accessible,’ it does not mean it is accessed” (Robert Proctor 1988). Therefore, ignorance is not the lack of education itself, it is the inability to separate fact from fiction. A good example is tobacco use: health hazards of tobacco had been known for a century, but it took that long to overcome the mega industry’s advertising campaign and convince the authorities and public to curtail it.
Myths or misinformation
We have myths or misinformation that are millennia old and are entrenched in our collective memory. It is the practices based on such beliefs that have brought us to where we are. The way we elected our leaders is the prime example. Monarchs ruled us for millennia followed by colonial rulers for another few centuries. After that, the country’s elite took over. This long history has drilled into the nation’s psyche the fallacy that the elite must be venerated. The elite took advantage of this vulnerability: voters were manipulated by using their culturally induced beliefs to fabricate threats so the elites could stay in power and enrich themselves. Our past elections have been fought based on the interests of this elite, and not that of society or the nation. The use of chicanery, violence, all manner of vulgarities, and bribery by the elite had become the norm. We voted according to their wishes and not ours.
We the people owe it to ourselves, and to the future generations, to eliminate this ignorance for good. First, we must stop our habit of venerating our leaders and turning them into a new elite. As mentioned before, challenging the tradition, or culture is not easy; difficult and unpleasant it may be, but change is necessary, and our survival depends on it. This responsibility rests on all of us: adults, teachers, clergy of all faiths, and most importantly the media. As a country with a long history, it has no shortage of culturally inherited misinformation. The most damaging one among them is the myths surrounding ethnicity.
The narration in the great chronicle Mahawamsa on populating the island is accepted as historical facts by the majority. Minorities have countered that with their own versions. The question we must ask is, did the authors on both sides present facts or wrote things that were favourable to a cause that each was pursuing. On the Vijaya episode in the Mahavamsa, a historian has argued that it is not a story about the origins of the Sinhala people, but about the origins of a political elite. Indeed, he suggested, a fully-fledged Sinhala ethnic consciousness only arrived in the British period (Gunawardana 1995). Note that he used the term political elite.
Another historian describes the presence of similar accounts in the mythology of many other countries including Greece and Rome. He sums up the essence of these stories as follows. It is interesting to note that this historian was not aware of the Sri Lankan version.
“The king is an outsider, often an immigrant warrior prince whose father is a god or a king of his native land. But, exiled by his own love of power or banished for murder, the hero is unable to succeed there. Instead, he takes power in another place, and through a woman: princess of the native people whom he gains by a miraculous exploit involving feats of strength, ruse, rape, athletic prowess, and/or the murder of his predecessor.” (Sahlins 1985).
Science unheeded
Unfortunately, both sides of this debate do not pay attention to what science has to say on this matter. What follows is a survey of scientific information available on this topic, but to get closer to reality, one must remove the coloured glasses put on us at birth. The first archaic human species (Homo erectus), evolved in East Africa about two million years ago. Fossil records show that they emigrated out of Africa and populated most of Asia and Europe. Modern humans (Homo sapiens) appeared, also in East Africa, about 300,000 years ago. Sapiens have migrated out of Africa in two waves: the first around 130 to 100 thousand years ago taking a northern route and the second around 70 to 60 thousand years ago taking a southern route, hugging the coastline. These later migrants have both interbred with and or displaced the earlier arrivals while settling in different corners of the globe. There have been several other Homo species, like Neanderthals and Denisovans; while none of them exists today, some human populations carry their genes.
Peopling of the Indian subcontinent, the meeting ground of settlers from several adjoining regions, has been a complex one. Following are the four main population groups involved in this process: a) Aboriginal Indians. These are the members of the second wave of humans that left Africa and settled around fifty thousand years ago; b) Iranian farmers; c) Farmers from Central Asian Steppes; and d) East Asian rice farmers. The farmers from Iran and steppes were wheat and barley growers, and their East- Southeast migration had been slowed for some time as their crops were not ideally suited for tropical climate. While rice farming was adopted by all populations, the East Asian farmers have not made much of an impact in populating the country, except in the Northeast corner.
The accepted migration pattern of these populations is as follows. Iranian farmers who have arrived in the Indus valley around nine- to seven thousand years ago had crossed into India, mixed with the Aboriginal Indians, and moved southward around four thousand years ago. The resulting population is referred to as Ancestral South Indians. Farmers from the steppes moved to Indus valley, mixed with the Iranian farmers. These Steppes farmers, referred to as Europeans but differ from the Germanic Europeans, introduced horses and wheels. This Iranian-Steppes mix moved Eastwards towards the Gangetic valley and mixed with the earlier arrivals. This population is referred to as Indo-Europeans. Their southward migration has been slowed for several reasons. It is accepted that it was this latest group that introduced the precursor to Sanskrit language, Vedic literature, and the four-tier caste system.
Some argue that it was the strict caste system that prevented further mixing and southward spread of this Indo-European group. These classifications and nomenclature have created much controversy and debate. The use of terms like Ancient Northan Indians and Ancient Southern Indians are disputed as their origins are outside of India. The use of Aryans and Dravidians is equally controversial, and arbitrary. And specifically in our case, dangerously misleading.
Now, let us see what happened in Sri Lanka. The maximum depth of the 48 km long Adams Bridge is about ten metres while most of the shoals are less than 1 metre underwater. During the height of the ice age, between 80 to 20 thousand years ago, the sea levels stood about 120 metres below the current level. Therefore, Sri Lanka had been part of the Indian landmass, allowing for the southward migrations to reach the island, until the sea level rose about six thousand years ago.
Archaeological evidence shows that some of the early migrations reached the island as early as 125,000 years ago. Modern human fossils found in Sri Lanka has been dated back to 36,000 years (Deraniyagala 1992). Remarkably, these are the only reports of that antiquity in Southeast Asia. They were hunter gatherers using tools belonging to the middle stone age. They thrived until people skilled in agriculture and cattle breeding arrived around 2,800 years ago.
Narration of chronicles
How does the narration of the great chronicles match with this version? The arrival of North Indian prince Vijaya, with his retinue of seven hundred men, and ruling the country from 543 to 505 BCE is the cornerstone of this narration. There are many associated legends that cannot be verified. Vijaya’s campaign to eliminate the natives, who belonged to Yaksha and Naga tribes, is one. Some report Vijaya being from the Northeast coast of India while the others suggest a Northwest origin. However, linguists and historians see a connection between Sinhala and the languages spoken along the Konkani coast, favouring a Northwest origin. Realistically, there is no reasons to rule out continuous exchanges between India and Sri Lanka along the east and west maritime routes as well as through the shallow seas in the Palk Straits throughout the history. Vijay’s arrival had stood out in the chronicler’s mind as he was a notable person, but he cannot be the first to arrive from India.
Now, let us turn to genetic studies of Sri Lankans. Humans are a genetically homogeneous species; this suggests a population collapse in recent times, leaving a small number of females of reproductive age. Modern technologies developed in the field of genetics can use a type of markers known as mutations to track the genealogy of an individual or a population despite this homogeneity. When a cell divides, its genetic material or DNA is duplicated and distributed equally among the two daughter cells. During this copying process some errors are made. Genes or DNA is a set of instructions written in a language that has five letters: A, T, G, C, and U. The words in this language are made up of three letters. Most of the copying errors are misspellings, typos as we say. The type of errors known as single nucleotide polymorphism (SNP) are the most common markers used in genetic studies to trace genetic history.
There are several small-scale genetic studies conducted on Sri Lankans. The most recent open access publication by Singh and others in 2008 provides references to these studies. I am using the set of data reported by Ranaweera (2014) and graphically represented by Chaubey (2014) for this discussion, as these data are representative of the overall findings (Figure 1: Mitochondrial DNA analyses of Sri Lankans).
These are the most striking facts that emerge from these data: the major ancestral share of all Sri Lankans, i.e. those identify as upcountry, low country, and mixed Sinhala; Sri Lankan and Indian Tamil; and Adivasi population, is the Ancient South Indian genotype, which is considered as consisting of 75% Ancient Ancestral South Indian and 25% Iranian Farmer genotypes. All Sri Lankans have over 60% of this type. At the same time, all Sri Lankans, except the Indian Tamils, also carry more than 20% Indo-European genotype. Not surprisingly, considering the island’s geographical location in the East-West maritime route and five hundred years of European occupation, Sri Lankans also carry anywhere from 6 to 14% of other genotypes, which are not identified in this study. Sri Lankan Moors are not included in this data set, but they too carry a high percentage of Ancient South Indian genotype indicating mixing with the other types (Perera 2021).
Baseless proposition
Considering these data, to assign an ethnicity and suggest that one or the other group arrived on the island first is an utterly baseless proposition. This allegiance to one or the other camp had to have happened within the island. For example, Indian mercenaries brought into the country in more recent times have settled down in the south and assimilated without trace after the wars ended; in fact, some of the prominent Sinhala leaders belong to this category. Similarly, just because one group follows a distinct set of customs or speaks a particular language is also not related to their arrival chronology. Such divisions could have easily happened after their arrival. Our ancestors have been living on this island for over three millennia through war, peace, and famine. As can be seen all over the world, interbreeding can happen under any condition, for better or for worse. Not only genes, but words, customs, beliefs, and food were exchanged. The boundaries between so-called Adivasis, Aryans, Dravidians, Moors, or others are porous and have no meaning in the big picture. Genetic studies show without doubt that if one assumes that they belong to the pure Ancient Soth Indian genotype or the pure Indo-European genotype, it would be not only a preposterous idea, but it would be a comical one as well. The bottom line is that we all have lived on this small island for so long, we have become near homogenous genetically. Who knows what languages were spoken or what beliefs were practiced by our predecessors four or five generations ago. What matters is that we all are citizens of this land with the same rights, and we should not leave any opportunity for the wicked elite to divide us and fatten themselves ever again.
Unfortunately, the government policies or the failure to implement “successful, sustainable development projects” over the years has strengthened the divisions based on culturally induced ignorance leading to conflicts and economic disasters (Richardson 2005). If we were to succeed as a nation, there are two things the country must do: the government must have policies for sustainable economic development and give equal access to all, and the people must do their part to reduce the culturally induced ignorance among themselves. Myths surrounding ethnicity is only one issue; there are many others that will have to be addressed at another time. All parties that genuinely care about the nation’s future must engage in this civic discourse and prevent the future generations from inheriting our ignorance. The younger generations must be trained to be critical thinkers and not mere followers. This is an excellent opportunity to do so and missing that will be a grave mistake.
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