Midweek Review

House watchdog committees paint a bleak picture as SLPP seeks passage of Colombo Port City Bill

Published

4 years ago

2021/04/21

by Shamindra Ferdinando

Justice Minister M.U.M. Ali Sabry, PC, on Sunday (18) declared that the commissioning of the Colombo Port City was an occasion to celebrate. Declaring that the high-profile project is turning point for post-war Sri Lanka, Minister Sabry explained how the mega project could transform the country.

Sabry, who had served as the Treasurer and as the Deputy President of the Bar Association (BASL) on many occasions, assured there was absolutely nothing to worry about the project.

Former President of the BASL U.R. de Silva, PC, Chief Advisor to the Justice Ministry, too, defended the project. Among those who defended the project were lawmakers Prof. G.L. Peiris, Keheliya Rambukwella, Ajith Nivard Cabraal, Shehan Semasinghe and Namal Rajapaksa.

The government responded following an unexpected attack from former President of the BASL Dr Wijeyadasa Rajapakse, PC. If the former Justice Minister, while being a member of the current administration’s parliamentary group, had not mounted such a frontal attack out of the blues, the government wouldn’t have had to mount such a strong defence of the Colombo Port City project. Wijeyadasa Rajapakse, attack was followed by the BASL declaration that it would move the Supreme Court against the establishment of an Economic Commission (EC) to manage the Colombo Port City. Saliya Pieris, PC, in his capacity as the President of the BASL, moved the SC against the government move. In nearly 20 petitions filed against the proposed Bill, the defendant is Attorney General Dappula de Livera, PC.

One-time internationally recognised top law academic Prof. Peiris emphasised that the proposed Bill was in line with the Constitution and received the sanction of the AG before being presented to the Cabinet of ministers.

It would be pertinent to mention that the CHEC Port City Colombo (Pvt) Limited had been the main sponsor of the National Law Conference 2020 on Feb 14, 2020 at Jetwing Blue, Negombo, during the tenure of Kalinga Indatissa, PC, as the President of the BASL. The CHEC Port City Colombo (Pvt) Limited had been among nearly 40 sponsors. USAID had been among the group. On the following day, Dr. Harsha Cabral, PC, and Dr. Asanga Gunawansa addressed the members on ‘Port City-Development of the law, local and international arbitration’. There were several related sessions which dealt with offshore financing, banking investment and FDI and its legal regime. Saliya Pieris and Manohara de Silva addressed the gathering on fundamental rights, labour laws and conflict of laws.

At the end of the inauguration of the event, on Feb 14, CHEC Port City Colombo (Pvt) Limited distributed a 51-page report titled ‘Economic Impact Assessment of the Port City Colombo’ prepared by leading multinational audit firm PricewaterhouseCoopers (Pvt) Limited. The distribution of the report followed the briefing given by the CHEC Port City Colombo (Pvt) Limited. In spite of the PricewaterhouseCoopers (Pvt) Limited declaring the report was meant for general guidance as regards matters of interest only and should be taken as investment advice, it presented an attractive picture of the project.

The Presence of President Gotabaya Rajapaksa, Chief Justice Jayantha Jayasuriya, PC, Attorney General Dappula de Livera PC and Justice Minister Sabry PC underscored the importance of the event. The writer was present on the occasion.

Clash over China project

All political parties should bear in mind that the current pathetic state of the economy cannot be blamed on China or any other country. If Parliament fulfilled its primary obligations as regards ensuring financial discipline and enactment of laws, the country wouldn’t have been in an extremely dicey situation, financially. Politicians now opposing the China led project, as well as those backing it, should keep in mind how the political parties, they represented ruined the national economy through their profligacy and downright mismanagement.

During the yahapalana administration, BASL received quite a bit of negative media coverage following revelation it received Rs 2.5 mn sponsorship from the disgraced Perpetual Treasuries Limited (PTL) for the three-day Law Asia 2016 Golden Jubilee Conference in August, 2016 during President’s Counsel Geoffrey Alagaratnam’s tenure as its President. The sponsorship was accepted over a year after the first Treasury bond scam perpetrated in late Feb 2015 caused a national stir.

A section of the Opposition, some members of the civil society, and SLPP Colombo District MP Dr. Wijeyadasa Rajapakse, PC, are up in arms over the proposed establishment of an Economic Commission (EC) to manage the Colombo Port City. Some trade unions, affiliated to political parties, too, are opposed to the move. As to how sincere their loud outcry is yet to be determined by the highest court in the land.

JVP leader Anura Kumara Dissanayake, MP, compared what he called a future Chinese administration of the Colombo Port City with that of China-administered Hong Kong. The same JVP turned a blind eye when the yahapalana government with which they were then openly cavorting with, gave away the Hambantota Port on a platter to Beijing on a 99-year lease.

Those opposed to the proposed EC asserted that as the Colombo Port City would be outside the purview of Parliament, it wouldn’t be subjected to domestic laws. The Cabinet of ministers, recently sanctioned legislation that once gazetted and passed in Parliament it would enable the setting up of an EC.

Samagi Jana Balavegaya lawmaker Attorney-at-Law Lakshman Kiriella warned of the Colombo Port City becoming a federal structure beyond the financial control of the Central Bank, Monetary Board and the Finance Ministry. Among those who moved the Supreme Court against the proposed Bill are the BASL, Purawesi balaya, Centre for Policy Alternatives (CPA), the JVP and the UNP. Three civil society activists, Oshala Herath, Dr. Ajantha Perera and Jegan Jegatheeswaran, too, filed cases.

Rebel lawmaker Wijeyadasa Rajapakse last Thursday (15) flayed the entire political system with the focus on the incumbent government over the move. MP Rajapakse basically repeated what JVP leader Anura Kumara Dissanayake said several days ago. What is really interesting is where the former Justice Minister addressed the media. Many an eyebrow was raised when the MP lambasted the government at Abayaramaya, Narahenpita, with Ven Muruththettuwe Ananda by his side.

Some monks are sullying the robe by getting involved in virtually every other brouhaha raised in the political arena, when they should essentially be guiding the adherents of Buddha’s teachings on that path.

On the following day, the former minister claimed that President Gotabaya Rajapaksa blasted him over the statement made on the previous day. Lawmaker Rajapakse acknowledged that he wouldn’t hesitate to take a decision regarding his political future with the SLPP government. The government parliamentary group is likely to be undermined by this development. It would be pertinent to mention that the government overcame opposition to the 20th Amendment to the Constitution from its ranks. The 20th Amendment required two-thirds majority.

President Gotabaya Rajapaksa 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.

The proposed EC will consist of not less than five members and not more than seven members, including its Chairman and they will be appointed by the President, under whose purview the Colombo Port City functions.

The Bill, titled the ‘Colombo Port City Economic Commission Act’, is expected to be presented to Parliament within the next few weeks.

Lawmaker Dissanayake declared that Parliament should defeat the move. However, with the ruling party enjoying a two-thirds majority in Parliament with its group numbering 145 members, the dilapidated Opposition is not in a position to thwart the government’s mega project.

A US warning

Against the backdrop of continuing US-China rivalry, Sri Lanka should be extremely cautious in finalizing the Colombo Port City Economic Commission Act. Unsolicited and clearly interfering, the US advice into the country’s internal affairs in this regard shouldn’t be ignored.

The media recently quoted the US Ambassador to Sri Lanka and the Maldives Alaina Teplitz as having said: “Any legislation relating to the Port City has to be considered very carefully for its economic impact. And of course, among those un-intended consequences could be creating a haven for money launderers and other sorts of nefarious actors to take advantage of what was perceived as a permissive business environment for activities that would actually be illegal.” Teplitz was further quoted as having said: “I do recognize that the government of Sri Lanka wants to take advantage of the investment that has already been made in creating the Port City foundation, but the legislation really needs to be reflected to address these challenges and to be careful of what it might be to open doors to bad practice and unfair competition for the rest of the country.”

The country’s tax revenues have plunged in 2020, raising concerns over debt and the fiscal path, credit downgrades and Sri Lanka’s ability to sustain vital public services to the people, while managing loss-making state enterprises.

Let me examine shocking revelations in Parliament, pertaining to waste, corruption and irregularities as the fiscal environment continued to deteriorate. Evaluation of reports released by the Communication Department of Parliament as regards inquiries conducted by the Committee on Public Enterprises (COPE), the Committee on Public Accounts (COPA) and the Committee on Parliamentary Finance (COPF) chaired by Prof. Charitha Herath, Prof. Tissa Vitharana and Anura Priyadarshana Yapa, respectively, would enable the public to grasp the gravity of things that had been perpetrated and the resultant situation.

The country celebrated Sinhala and Tamil New Year in an utterly bad financial environment, undoubtedly exacerbated by the pandemic as has happened world over. Televised celebrations also involving lawmakers representing the SLPP and the SJB highlighted the absurdity of a deteriorating situation. Lawmakers joined celebrations amidst continuing controversy over unprecedented slashing of duty on sugar imports, importation of contaminated coconut oil, destruction of forests and unbridled corruption.

Horrifying picture

Statements issued by the Communications Department revealed a horrifying picture. A pathetic situation caused by those who enjoyed political power since the introduction of the JRJ Constitution in 1978. Interestingly the two major political parties primarily responsible for the current predicament are no longer in power. The last general election, in August 2020 reduced the UNP to just one National List MP. The SLFP parliamentary group consists of 14 members with only one of them elected on the SLFP ticket. The rest entered Parliament through the SLPP. Political parties essentially engineered, encouraged and conveniently turned a blind eye to corruption. The examination of the House Communication Department statements revealed how the political set up, public sector and the private sector perpetrated corruption.

Parliament faces challenges

COPE Chairman Prof. Herath explained the growing financial indiscipline among those enterprises coming under his purview when he presented their first report to Parliament on March 10, 2021. SLPP National List lawmaker alleged that the power of Parliament to supervise public sector enterprises had been challenged. Prof. Herath cited the Auditor General’s report on the Lakvijaya coal-fired power complex at Norochcholai, Puttalam, as an example to highlight the financial lawlessness. One-time Media Secretary questioned how some public sector enterprises were excluded from the AG’s scrutiny.

Another SLPP lawmaker Shantha Bandara pointed out how various public sector institutions blatantly ignored instructions issued by parliamentary watchdog committees.

Speaker Mahinda Yapa Abeywardena, himself under fire for accommodating the members of his family and relatives on his staff assured that ways and means to address those issues would be addressed through the proposed new Constitution. Abeywardena insisted that the current situation could be addressed only through the enactment of a new Constitution.

Can Speaker Abeywardena’s assurance be accepted under an extremely volatile fiscal situation? How can tangible measures required to address the crisis be further delayed on the assurance that such issues would be dealt with through the proposed new Constitution. Unless Parliament accepted its responsibilities namely (a) enactment of new laws and (b) financial discipline, the country faces an extraordinary crisis.

The statement issued on April 12 by the Chinese Embassy in Colombo, ahead of the Sinhala and Tamil New Year, is a grim reminder of Sri Lanka’s predicament. Sri Lanka’s Ambassador in Beijing Dr. Palitha Kohona signed the loan agreement with the China Development Bank at the Sri Lankan Embassy in Beijing. The latest loan is the balance of USD 1 billion, out of which USD 500 million was received last year.

Before examination of COPE, COPA and COPF reports, let me remind what Secretary to the Finance Ministry S.R. Attygalle told Parliament on Dec 07, 2020 in response to a query pertaining to discrepancy in pensions. The Communications Department of Parliament quoted Attygalle as having said that the annual salary, pension and gratuity payments cost the Treasury a staggering Rs 1.1 trillion. In addition to that amount, the absorbing of 50,000 graduates to the public sector in terms of a 2021 budget proposal as well as 100,000 employment opportunities to the poorest of poor families, too, would cost a hefty sum.

When the writer sought a clarification from Attygalle on April 15th morning, the official explained the salaries amounted to a staggering Rs 800 bn annually and the rest for pension and gratuity.

Public finances are in turmoil. COPE, COPA, COPF as well as Parliamentary Consultative Committees essentially highlight waste, corruption and irregularities. The following are some samples of revelations.

The COPA on March 26, 2021, revealed the failure on the part of the Inland Revenue Department to collect taxes. The Communications Department reported how the Inland Revenue Department received 6,878 dishonoured checks worth Rs. 240 million as at 31 Dec, 2020. It was also revealed at the COPA meeting that Court cases had been filed by Inland Revenue Department in the Colombo Magistrate’s Court to recover Rs. 2670 million in tax arrears from casinos.

The Communications Department of Parliament on March 24, 2021, on the basis of Consultative Committee of the Ports and Shipping Ministry, reported a highly contentious matter involving Sri Lanka Customs. The Consultative Committee was told how due to failure on the part of the Sri Lanka Ports Authority (SLPA) to pay due taxes to the Customs for the importation of gantry cranes, the latter was now entitled to 50 per cent of the fine imposed on the SLPA. The Consultative Committee, while asserting such a payment to the Customs was a major problem recommended talks with relevant officials, including the Secretary to the Treasury to recover the money as a payment to the government. The Communications Department quoted Ports and Shipping Minister Rohitha Abeygunawardena as having said that the issue at hand should be also discussed with the COPA.

The Communication Department of Parliament on March 2, 2021 reported the shocking revelation of how Lanka Mineral Sands Limited caused substantial revenue loss at a time the country was facing an extremely serious financial crisis. The report dealt with the COPE meeting held in Parliament on the same day. COPE Chairman Prof. Charitha Herath instructed the Secretary to the Ministry of Industries, Anusha Palpita, to immediately investigate and submit a report on the tender awarded by Lanka Mineral Sands Limited for the sale of 85,000 metric tonnes of ilmenite at USD 147 per tonne to the third-place bidder instead of the prospective winning bidder, who had offered the highest price of USD 165 per tonne of ilmenite. Lanka Mineral Sands claimed that their decision was based on a recommendation made by a tender subcommittee appointed by the Cabinet of Ministers and that the transaction received Cabinet approval. Questioning the rationale in awarding the tender to the third-placed bidder, COPE discussed the possibility of the Lanka Mineral Sands Limited deceiving the Cabinet of Ministers. The inquiry revealed that the current price of a metric tonne of ilmenite is close to USD 240. Many an eyebrow was raised when it was revealed that substantial part of the sold stock to a buyer in October 2020 was still stored in the Pulmudai at the expense of the Lanka Mineral Sands. The buyer hadn’t paid the full payment, the COPE was told.

The Island received the entire set of statements issued by watchdog committees. A communiqué issued on March 15, 2021 by the Communications Department of Parliament revealed the failure on the part of the Finance Ministry, Inland Revenue and the Justice Ministry to take remedial measures in respect of laws delay. Their failure seriously affected the revenue collecting process.

The Commissioner General of Inland Revenue H. M.C. Bandara has told COPA that his department had not been able to recover billions of rupees in tax arrears due to lengthy judicial process and the attendant delays. The COPA assured that the Ministry of Justice, the Ministry of Finance and the Inland Revenue Department would be summoned for a discussion. That promised meeting is yet to take place. During the COPA meeting held on March 10, 2021, it was also pointed out the deficiencies in a list that contained names of tax defaulters. The COPA also pointed out the shortcomings in Legacy and Ramis computer systems that controlled tax files and the revelation of Rs 107 bn in tax arrears according to Legacy system, out of which only Rs 224 mn have been recovered exposed the chaotic situation.

The government needs to address shortcomings in the revenue collection process without further delay. In an utterly corrupt system, delays, failures and shortcomings seem to be deliberate and well calculated. With the country on the brink of financial disaster, it would be the responsibility of parliament to take remedial measures. Perhaps, the Presidential Commission inquiring into the Customs should summon parliamentary watchdog committees at the onset of public sittings to obtain a clear picture of the ground situation before it proceeds.

Readers should not think we are merely scare mongering, but the truth remains that we must be responsible for our future instead of ever being ready to beg for handouts or rescue packages from outside. True that unlike most powerful Western nations and their lending arms China has not been behaving like the proverbial Shylock. But we have an inherent duty not to live beyond our means.

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Midweek Review

Impact of US policy shift on Sri Lanka

Published

5 days ago

2025/02/19

Sahan Weerasooriya

Early honeymoon period after mission accomplished with toppling of President Gotabaya Rajapaksa. Julie Chung shares a light moment with Ranil Wickremesinghe during a three-day visit to Nuwara Eliya and Ella in early July 2023. Ella Odyssey was part of Sri Lanka’s commemoration of 75 years of independence. Colombo-based foreign heads of missions and nine heads of mission, based in New Delhi, joined the journey (pic courtesy PMD)

President Trump has unceremoniously overturned US foreign policy. His decision to deport illegal Indian migrants just ahead of a summit with Premier Narendra Modi, underscored the tough stance taken by the new US admiration. The much-touted US-India strategic partnership didn’t deter Trump from carrying out the much-publicized humiliating deportations of Indians. US Vice President J.D. Vance’s speech at the Munich Security Conference, recently, indicated that Trump has terminated his special relationship with Europe and is charting his own course. The upcoming Trump and Russian leader Putin’s meeting stressed that the US policy wouldn’t be shaped by European concerns over Russia. Against that background, the US is very much unlikely to pursue the Biden policy as regards bankrupt Sri Lanka. Actually, Sri Lanka’s political leadership will have to do some serious thinking and re-examining our position as Trump redraws US foreign policy.

By Shamindra Ferdinando

Since the successful conclusion of the war in mid-May 2009, despite all the naysayers, and even the likes of the then British Foreign Secretary David Milliband and French Foreign Minister Bernard Kouchner, rushing here at the eleventh hour with the hope of getting President Mahinda Rajapaksa to halt the offensive to enable them to evacuate the LTTE supremo, his family and their surviving fanatical terrorist band to safety abroad, the US appointed five Ambassadors to Colombo. Of them four were women, namely Patricia A. Butenis, Michele J. Sison, Alaina B. Teplitz and incumbent Julie J. Chung. Between the tenures of Sison and Teplitz, the only male Atul Keshap, of Indian origin, served here for a period of four years (Aug. 2015-July 2018) during the Yahapalana administration.

Ambassador Chung oversaw President Gotabaya Rajapaksa’s forced ouster in 2022. In spite of her denial, Amb. Chung’s role in President Rajapaksa’s removal is clear and cannot be disputed. Amb. Chung will soon be replaced by Elizabeth Kathryn Horst, currently the Principal Deputy Assistant Secretary and Deputy Assistant Secretary responsible for Pakistan, yet another country in which Washington is mired in regime change operations in the region.

Amb. Chung presented her credentials on Feb. 25, 2022, to President Rajapaksa, at the Janadhipathi Mandiraya. The President was flanked by State Foreign Minister Tharaka Balasuriya and Presidential Secretary Gamini Senarath. The new US envoy took office close on the heels of a major crisis within the government that compelled the President to ask for his Secretary Dr. P.B. Jayasundera’s resignation. Just five weeks after Amb. Chung took over the mission, the ‘GotaGoHome’ campaign got underway and a President, elected with over 6.9 mn votes on the SLPP ticket, was thrown out of office within four and half months by violent mobs armed with meticulous intelligence as to which politicians’ houses were to be ransacked and torched, along with those of their close supporters in a matter of a few hours, especially on May 09, 2022. Exactly two months later they completed their despicable mission by storming the Presidential palace.

The SLPP, both in and outside Parliament, accused Amb. Chung of staging the ouster of President Gotabaya Rajapaksa. Award-winning author Sena Thoradeniya (Galle Face Protest: System Change or Anarchy) and (Nine: The Hidden Story) by National Freedom Front (NFF) leader Wimal Weerawansa, MP, dealt with Amb. Chung’s sordid involvement.

However, the writer believes that the whole exercise should be examined as another arrogant US intrusion rather than Amb. Chung’s private agenda. Her job was to do the bidding of Washington. Let me stress that the US made a serious but an abortive attempt to bring President Mahinda Rajapaksa’s reign to an end in 2010. Thanks to Wikileaks we know how the US used a UNP-led coalition, that included the wartime LTTE ally the Tamil National Alliance (TNA), and the JVP, to back retired General Sarath Fonseka at the presidential election. That gamble failed. The war-winning Army Chief ended up with egg on his face with an unforgettable thrashing from the overwhelming southern electorate.

Eyebrows were raised when the outgoing American envoy recently expressed her desire to meet Sri Lanka Podujana Peramuna (SLPP) leaders at the Nelum Mawatha party office as she never bothered to do so since her arrival in early 2022.

Contrary to speculation, the outgoing US Ambassador had sought a meeting about two weeks ago before the unprecedented public exposure about the USAID’s (United States Agency for International Agency) sinister operations here and worldwide in the wake of the new US administration deciding to curtail drastically its operations for being a white elephant as America itself is being confronted with a fast developing and yet to be fully fathomed economic crisis, which might even exceed the worldwide Great Depression that came with the 1929 stock market crash. On her arrival at Nelum Mawatha last Friday (14) Amb. Chung was received by SLPP General Secretary and Attorney-at-Law Prasad Kariyawasam. The SLPP delegation was led by its National Organizer Namal Rajapaksa and one of the three lawmakers in the current Parliament. Having accused her of being in the thick of the regime change, the SLPP’s readiness to meet Amb. Chung, too, is a mystery.

It would be pertinent to briefly explain the USAID’s global objectives as the vast majority wrongly believed the agency is meant for humanitarian work. It is definitely not a charity. Its main objective is to strengthen capabilities of US agents, or assets, at local and regional levels regardless of the status of Washington’s relationship with the targeted country.

These agents, or assets, are available for the US at any time as Washington desired. Pentagon, the State Department or even the Central Intelligence Agency (CIA) used its resources under whatever circumstances. If we closely examine the pattern of USAID operations, as well as other related organizations that had been active here over a period of time, even our legislature is within the sphere of their influence. In other words, they obviously have direct access to politicians and officials who wield power over key institutions. The private sector, too, became part of the US operation carefully expanded countrywide.

By the time Amb. Chung arrived here. US assets were in place at different levels ready to carry out directives. Those who pointed a finger at Amb. Chung never bothered to examine the background and comprehend the gradual build-up that allowed the gathering of all elements, under the social media fuelled ‘GotaGohome’ campaign.

The US mission here had done a tremendous amount of work, especially beginning with the Amb, Keshap’s time, to enhance the capacities of their existing assets and identify and develop new assets.

What really prompted Amb. Chung to suddenly seek a meeting with the SLPP? Did National List MP Namal Rajapaksa’s call for the setting up of a Parliamentary Select Committee (PSC) to probe USAID funding, influence her decision? But that cannot be as the US Embassy made the request before the USAID controversy. Perhaps, SLPP General Secretary Kariyawasam expressed concern over Amb. Chung’s frequent visits to the JVP headquarters at Pelawatte, whereas she ignored the SLPP.

Appearing on a live television programme, Kariyawasam pointed out that Amb. Chung had plenty of time for the JVP, a party with just three MPs, while the SLPP, in spite of being represented by 145 MPs, never received the US envoy’s attention.

Perhaps Amb. Chung didn’t really feel the requirement to visit Nelum Mawatha as she maintained a close contact with the SLPP founder Basil Rajapaksa.

Ambiguity over objectives

It would be pertinent to ask both the sponsors and recipients whether various foreign-funded projects achieved their objectives.

The following are some of the USAID-funded projects launched, beginning 2017: [1] USD 19 mn social cohesion and reconciliation project implemented by Global Communities (July 2018-Dec, 2023) [2] Analysis of social cohesion and reconciliation implemented by US Institute of Peace at a cost of USD 700,000 (Aug. 2018-Feb. 2024) [3] USD 15 mn project implemented by Chemonics International Inc. to strengthen the justice sector, including the Justice Ministry and Office of Attorney General (Sept. 2021-Sept. 2026) [4] USD 17 mn project carried out by National Democratic Institute, International Republican Institute and International Foundation for Electoral System in support of Parliament and other government institutions, including the Election Commission (June 2020 – June 2024) [5] USD 14 mn worth project in support of civil society meant to achieve good governance reforms and strengthen accountability. Implemented by Management Systems International (Feb. 2018-Aug. 2024) [6] USD 7.9 mn scheme to strengthen media implemented by International Research and Exchanges Board Inc. (Aug. 2017-April 2023) [7] SAFE Foundation implemented a programme at a cost of USD 3.9 mn aimed at combating human trafficking (Oct. 2021-Sept. 2026) [8] USD 1.6 mn project to enhance protection for those threatened by gender-based violence (Oct. 2021-Sept. 2026). Implementing agency Women-in-Need [9] USD 3.6 mn project for the benefit of plantation community implemented by Institute of Social Development (June 2022-June 2027) and [10] a staggering USD 19 mn project meant to strengthen the civil society by unnamed private agencies (Sept. 2022-August 2027).

Interestingly, high profile USAID operations implemented in collaboration with successive governemnts covered the Justice sector (Justice Ministry and Office of Attorney General), Parliament as well as the Election Commission.

Over the years USAID with a massive budget that even exceeded the CIA’s and allied organizations have built up a system that served the interests of the US. That is the truth. Sri Lanka has cooperated not only with the US but other organizations, such as the UNDP, to allow them influence in Parliament. The USAID and UNDP have ‘secured’ Parliament by lavishly spending funds on various projects. In spite of spending millions in USD with the 2016 agreement between Parliament and USAID being the single largest project, what they have achieved here is nothing but a mystery.

Successive governments have encouraged USAID, UNDP and other interventions. They felt happy as external sources provided the funding. Let me give an example of how the UNDP stepped-in for want of sufficient public funding for vital government initiatives. Sometimes, they advanced their political project in the guise of helping the government of the day.

On May 13, 2021, the then Attorney General Dappula de Livera, PC, opened the USAID funded state-of-the-training facility that included a boardroom, auditorium, computer laboratory, and other facilities. The outspoken AG also launched an electronic system to track cases and legal files. The launch of the training facility, electronic diary and file management system, and the Attorney General’s Department website were also attended by Supreme Court Judge Justice Yasantha Kodagoda P.C., Acting Solicitor General Sanjay Rajaratnam P.C., the Secretary of the Ministry of Justice M.M.P.K. Mayadunne, and virtually by DCM Kelly and USAID Mission Director Reed Aeschliman.

The US Embassy, in a statement issued on that quoted AG Livera as having said: “This is another first in the 136-year history of the Attorney General’s Department. The opening of the training centre is a notable, salutary achievement that meets a long-felt need for continuous learning and professional development.” The AG was further quoted as having said these new tools would “drive the institution from strength to strength.”

If such facilities were so important why on earth the Attorney General’s Department failed to take tangible measures to meet that particular requirement.

Those who demand investigations into USAID must realize that their role is much more complicated than alleged and reported in some sections of the media. Among the beneficiaries were the Sri Lanka Judges’ Institute.

American Corner in Jaffna

The US Embassy established an American Corner in Jaffna with the collaboration of Jaffna Social Action Centre (JSAC), an NGO that particularly promoted women and children rights. Formed in 2003 in the North as the Liberation Tigers of Tamil Eelam (LTTE) was preparing to launch Eelam War IV, JSAC, over the years, developed into a recipient of US funding. JSAC is among the groups promoting LGBTQ in the Northern and Eastern Provinces. JSAC annually participates in the much-touted 16 Days of Activism Against Gender Based Violence campaign. The then US Ambassador Butenis attended the opening of the American Corner. JSAC, in its website, has revealed an impressive list of partners and donors.

Perhaps JSAC should explain how it served the interests of ordinary people, especially during the 2003-2009 period when the LTTE stepped up forcible recruitment of children, including girls. Forced conscription continued unabated as the military slowly but steadily rolled back the LTTE fighting formations, towards the east coast, until they were trapped in a sliver of land in the Mullaitivu district.

Sri Lanka should be grateful for US assistance over the past decades. The ordinary people benefited from such help but later Washington weaponized the setup as various interested parties queued up to secure lucrative contracts.

Amb, Chung, in late Sept. 2022, moved the American Centre in Colombo, that had been in existence for over seven decades, to the new US Embassy building. This was a couple of months after Aragalaya (March – July 2022) forced Gotabaya Rajapaksa out of office. The American Centre in Colombo had been first located at the Millers Building in Colombo, then at Galle Face Court, followed by Flower Road, before moving to the Sri Ramya at 44, Galle Road.

The American Corner in Kandy was established in 2004. In addition to Jaffna, Colombo and Kandy, there are similar facilities in Matara and Batticaloa.

The recent declaration by Bharatiya Janata Party MP Nishikant Dubey, in the Indian Parliament, that the USAID had been funding organisations with a view to creating unrest cannot be ignored. The BJP’s declaration underscored the gravity of the situation. Those who discarded repeated accusations by National Freedom Front (NFF) leader Wimal Weerawansa as regards US interventions here must take a fresh look at the developments taking place since Donald Trump’s return for a second term.

Dubey alleged the USAID funded organizations that carried out protests against the Agniveer initiative of the government, backed caste census, and supported Naxalism in India.

On behalf of the BJP, Dubey asked for a probe into whether Congress and the Gandhi family-controlled Rajiv Gandhi Foundation had received USAID funds through George Soros’ Open Society Foundations (OSF) for conducting activities, including the campaign for a caste census and against the Agniveer scheme introduced by the government. The MP claimed OSF received ₹5,000 crores from USAID to “break up India”. He raised the issue during zero hour.

The BJP MP’s accusations seemed somewhat surprising as India, under Narendra Modi’s leadership, established close relations with Washington and is a member of the four-country Quad, comprising the US, Australia, Japan and India meant to counter Chinese expansion.

Why subvert India? Is the question in everybody’s mind? President Trump, during a joint press conference with Premier Modi, speculated about the possibility of USAID role in the Lok Sabha elections last year. Perhaps Trump is playing politics even at the expense of the US as he sought to dismantle USAID.

The Trump administration has imposed a global stop-work directive on USAID, suspending most aid initiatives, except for critical food relief programmes.

However, India, too, had been blamed for interfering in internal affairs of other countries. Recently Canada alleged that India intervened in its electoral process. Canada named China as the other offender. India has strongly refuted the Canadian allegation. It would be pertinent to mention that Canada had been playing politics with Sri Lanka for many years as major political parties sought to exploit the post-war developments for their advantage. New Delhi also accuses Canada of encouraging Khalistan separatists operating from there.

Canadian Parliament, in May 2022, unanimously declared that Sri Lanka perpetrated genocide in a bid to appease Canadian voters of Sri Lanka origin.

The expansion of the USAID project here should be examined against the backdrop of Geneva adopting a US accountability resolution, co-sponsored by the treacherous Sirisena-Wickremesinghe government in 2015. The US backed Sirisena’s candidature at the 2015 presidential election. That was in line with their overall strategy to end the Rajapaksas rule, perceived to be China-friendly. The US funded the 2015 UNP-led campaign that involved the TNA and JVP as well. A group of civil society groups, led by the National Movement for Social Justice (NMSJ), backed Sirisena’s candidature, who switched sides at the last moment having been in the Rajapaksas camp throughout his political career and it was done after having a hopper feed with them the previous night.

Having betrayed his own party in 2014, Sirisena has ended up politically irrelevant. That is the price the one-time SLFP General Secretary had to pay for switching sides for personal gain. The former President is most unlikely to get an opportunity to re-enter Parliament ever again.

The NPP will have to be cautious how it handles the situation against the backdrop of developing political and economic upheaval in Washington as we may have never seen hitherto. The way the new administration addressed much more complicated issues, such as the Russia-Ukraine war in a manner seriously inimical to the European powers and pullout from the Geneva-based UNHRC and WHO meant that Trump has already turned US foreign policy upside down.

Midweek Review

Revisiting Humanism in Education:

Published

5 days ago

2025/02/19

Sahan Weerasooriya

Tagore

Insights from Tagore – III

by Panduka Karunanayake

Professor in the Department of Clinical Medicineand former Director, Staff Development Centre,

University of Colombo

The 34th J.E. Jayasuriya Memorial Lecture

14 February 2025

SLFI Auditorium, Colombo

(Continued from18 Feb.)

Tagore had an important answer to the question of whether the economic or the political should enjoy the primacy of place, in designing educational policy. He said: “Economic life covers the whole base of society, because its necessities are simplest and the most universal. Educational institutions, in order to obtain the fullness of truth, must have close association with this economic life.”

Sometimes I have difficulty understanding why Tagore, in spite of his appreciation of science and disdain for superstition, still lavishly exalted his traditional dieties and the scriptures. I think he did so because he saw a remarkable practical utility in them for the organisation of society and because they carried innumerable lessons for human conduct – for which science and technology, or even modern administration, had not yet furnished any suitable alternative.

Besides, it is clear that he admired religion’s potential to bring peoples together. In The Religion of Man, he wrote: “On the surface of our being we have the ever-changing phases of the individual self, but in the depth there dwells the Eternal Spirit of human unity beyond our direct knowledge.” But of course, religion seldom brought humanity together. And whenever it played the divisive role, he did not blindly follow its precepts.

The stickiest issue in India for the modern philosopher is probably its caste system, and Tagore had no qualms about repudiating it:

“…differentiation and separation of vocations and trades, professions and callings on which the caste system originally rested has become totally extinct and it is altogether impossible to maintain it any longer. Yet all the taboos, external restrictions and customs associated with the varna system are still in place, static and intact. It seems we must put up with the cage with all its iron bars and fetters though the bird for which it was made is dead and gone. We provide bird feed every day but no bird feeds on it. In this way, due to the cleavage between our social life and social customs, we are not only being inhibited and obstructed by unnecessary, outmoded arrangements, we cannot live up to our professed social ideals, either.”

Prof. Carlo Fonseka / Dr. Abrahm T. Kovoor

I wish that for our country, we could replace the phrase ‘caste system’ with our own ‘outmoded arrangements’ – such as astrology, superstitious rituals and harmful so-called healing practices – and carefully re-read that quote. Sadly, our populace is filled with superstition, myth and pseudoscience – as a cursory glance at the supplements of any weekend Sinhala newspaper would show. Here, the high literacy rate actually works against the nation! Our public intellectuals must also take the blame, because they have failed to sustain the good work that had been done in the 1970s by intellectuals like Dr E.W. Adikaram, Abraham Kovoor and Professor Carlo Fonseka.

Another interesting point in his ideas is his desire to see education as a tool for everyone, not just the educated few. Reminding us on ancient Indian education and learning, he said:

“There was a regular traffic between specialised knowledge and ordinary knowledge. Scholars, pundits or learned society did not have an antithetical relationship with the less learned segments of society…There was hardly a place in the country where the Ramayana, the Mahabharata, the Puranic myths and religious discourse did not spread in a variety of ways. Even the theoretical philosophical issues which were rigorously, relentlessly discussed and debated in philosophy and metaphysics always filtered down to the mind of the people…In those days learning was the asset of the entire society and not the acquisition of the learned few.”

In our own country, in contrast, I wonder whether expanded access to education has had a similar effect. In spite of decades of education in swabhasha and wide access to education, knowledge is a tool of separation, seclusion and self-aggrandisement for the few who win the lottery. Is this the fault of the education or the educated? Perhaps both. The educated use their learning as a weapon rather than as a tool to serve, a manifestation of the fierce competitiveness and the fixed mindset that pervades the successful products of our education. At the same time, as Tagore pointed out, it is the fault of education too:

“The rains of our education are falling a long distance away from where the roots of our whole life lie…Our ordinary daily life has no use for the education we acquire…It is unjust to blame this on students. Their world of books and the world in which they live everyday are poles apart…That is why it is seen that the same person who has formidable erudition in European philosophy, science and ethics tenaciously clings to the age old superstitions…We are no more amazed when we see that on the one hand he is separately enjoying literature full of varied sentiments while on the other he is busy only with making money…”

These are a few fundamentals that can be gleaned from Tagore’s second phase. They aren’t many, and perhaps they aren’t as earth-shattering as one might expect. But I feel that they are exactly what we are lacking today and prevent education from playing a nation-building role. If we can get these right, we actually need to get very little else right.

Phase 3: ‘Freedom from bondage’

Tagore’s role and position as an unrepentant internationalist at the time when India was demanding swaraj is well known. He was opposed to nationalism, and in fact correctly identified colonialism itself as a manifestation of the nationalism of the British – so he asked, if one were anti-colonialist, how could one be nationalist also?

But his internationalism was not a rootless existence floating aimlessly in the air. He was clear that one must be rooted in one’s own soil, strongly and firmly – it is from here that one must reach out to the wealth of the world. In another beautiful simile, he urged us not to fear the wind, and to open the windows of our house to let that wind in. He would assure us that we would be able to retain the good that the wind blew in and get rid of the bad. He also said that as long as our house had a firm foundation, the wind will not blow it away. So for him, the first step of being an internationalist is studying one’s own soil and placing a firm foundation for one’s existence. He admired and studied tradition without being a traditionalist.

With regard to Indian universities of his day, he lamented the fact that these were European grafts and nothing like India’s ancient intellectual heritage, such as Nalanda, Wikramshila or Takshasila. He lamented the type of intellectual this would produce. He wrote in 1932:

“We receive European learning as something static and immutable and consider it the height of modernity to cull and recite sentences from it. For this reason we lack the courage to reconsider it or think about it from a new angle. Our universities have nothing to do with and are cut off from the acute questions, dire necessities and extreme hardship facing the people of the country…Like parasites our mind, attached to text books, has lost its ability to find its food and invent by itself.”

These words seem no less relevant to our own universities, 90 years after they were written.

Tagore’s belief in internationalism and its effect on his philosophy of education is captured by his description of Visva-Bharati, the higher education institute he set up in 1921 using the Nobel Prize money: “Visva-Bharati represents India where she has her wealth of mind which is for all. Visva-Bharati acknowledges India’s obligation to offer to others the hospitality of her best culture and India’s right to accept from others their best.”

Conclusion

Prof. J. E. Jayasuriya / Dr. E. W. Adhikaram

Ladies and Gentlemen: I am afraid time would not permit me to cover the whole breadth of Rabindranath Tagore’s complete educational philosophy, and I wouldn’t even pretend to cover it in depth. For example, I didn’t touch on other important aspects that Tagore spoke of, such as school administration, advice for teachers, maintaining discipline without corporeal punishment, carrying out research and promoting creativity, women and education and so on. Forgive me for only scratching the surface. But the topic of Tagore’s educational philosophy is so vast that nothing wider would be possible in a short time.

You will also note that my talk was not filled with anecdotes of incidents and peculiarities at Santiniketan – like how classes were conducted under trees or how the gurudev once conducted a class in the rain for cattle when the students didn’t want to come out and get wet. These are not the timeless substance of the tale; they are only its time-sensitive ornaments.

If, on the other hand, I have been able to whet your appetite for his educational philosophy, and also convinced you that he had patiently worked on and presciently invented an antidote to today’s problems of education, I would be content for now. Balance was his antidote. My goal this evening was to place the seeds of his ideas in your minds, and hope that they will grow, be nourished and be pruned and manicured into a contextually appropriate shape in the months or years to come.

Selected bibliography

Dasgupta, U. (2013). Rabindranath Tagore: A Biography. Oxford University Press. (Translated by hiisß ckl l=udr- mßj¾;l (2024).rúkaøkd;a ;df.da¾-udkj ksoyi iy úúO;ajh kqf.af.dv iriú m%ldYlfhdaව)

Dore, R. (1976). The Diploma Disease: Education, Qualification and Development. London: George Allen & Unwin (republished in 1977 by Institute of Education, University of London).

Gunasekara, P. (2013). moaud .=Kfialr – kkaofiak .%duSh wOHdmk l%uh^1932-1939) lkakka.r;=udf.a wu;l l< fkdyels w;ayod ne,Sula fld<U iQßh m%ldYlfhda: කන්නunasekara, S.P. (2012). iuka mqIamd .=Kfialrම(2012). rúkaøkd;a ;df.da¾ fld<U tia f.dvf.aසහiyifydaorfhda(Basedon Rabindranath Tagore: The Myriad Minded Man (1995) by Krishna Dutta and Andrew Robinson, and other works.)

Illich, I. (1970). Deschooling Society. USA: Harper & Row (republished in 1973 by Penguin Education, Harmondsworth, England).

Iyengar, K.R.S. (1987). Rabindranath Tagore: A Critical Introduction. London: Oriental University Press.

Kripalani, K. (1961). Tagore: A Life. New Delhi: National Book Trust, India (author publication, republished in 1971 by National Book Trust, India).

Maithra, S., translator (2014). Education as Freedom: Tagore’s Paradigm. New Delhi: Niyogi Books.

Navaratnam, R. (1958). New Frontiers in East-West Philosophies of Education. Calcutta: Orient Longmans.

Neogy, A.K. (2010). Santiniketan and Sriniketan: The Twin Dreams of Rabindranath Tagore. New Delhi: National Book Trust, India.

Samuel Ravi, S. (2024). Philosophical and Sociological Bases of Education (2nd edn). Delhi: PHI Learning. (Chapter 13: ‘Rabindranath Tagore’, pp. 163-179.)

Sarathchandra, E.R. de S. (1942). ‘Through Santiniketan eyes’. Kesari People’s Weekly (Jaffna) serialised from 2(9) to 2(17) and compiled by Goonetileke, H.A.I., also available translated to Sinhala ^iqpß; .ï,;a-mßj¾;l ප(2001). ශYdka;s ksfla;kfha weiska fld<U tia f.dvf.a iy ifydaorfhda).

Venn, G. (1965). Man, education and work. In, Cosin, B.R., editor: Education: Structure and Society. Harmondsworth: Penguin Books. (Chapter 6, pp. 97-107.)

Venn, G. (1971). Preparation for further preparation (editorial). Educational Leadership 1: 339-341.