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.
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.
Westminster event declares support for Canadian action against Rajapaksa brothers
As a result of sheer negligence, Sri Lanka has ended up being categorized as a perpetrator of war crimes, and those who had fought for the country are mercilessly targeted. There cannot be a better example than Air Marshal Sumangala Dias who suffered due to Sri Lanka’s failure. Canada refused to accept Dias as Sri Lanka’s High Commissioner though the former Sri Lanka Air Force Commander has never been under human rights scrutiny. Subsequently, the government proposed Dias as Sri Lanka’s Ambassador to Italy. That move, too, failed. Italy, as a member state of the EU, pursuing war crimes accusations against Sri Lanka, declined to accept the retired SLAF Chief. The Foreign Ministry should accept responsibility for its failure to brief the inept political leadership of the stand taken by Canada and Italy on this issue. In spite of knowing what would be the outcome, the Foreign Ministry allowed the normal process to go ahead. At the end, both Canada and Italy declined to accept the retired Air Chief.
In fact, the Darusman report could have been used to counter lies. If acknowledged the discrepancy in the number of deaths caused during the final phase of the conflict. Darusman on the basis of unnamed sources alleged 40,000 deaths during Jan-May 2009 whereas the UN mission in Colombo on the basis of records made available by ICRC, hospitals et al reported between 7,000 and 8,000 deaths between August 2008 and May 2009.
By Shamindra Ferdinando
Liberal Democrats leader and MP for Surbiton, Edward Jonathan Davey, recently urged British Premier Rishi Sunak’s government to follow Canadian Premier Justin Trudeau on the Sri Lanka war crimes issue. Obviously Davey was referring to the unprecedented unilateral Canadian sanctions, recently imposed on former Presidents, Mahinda Rajapaksa (Nov. 2005-Jan. 2015) and Gotabaya Rajapaksa (2019 – Nov.-2022 July).
The occasion was what the Tamil Guardian called a night of festive celebration, musical performances and classical dance, in Central Hall, in Westminster, to celebrate Thai Pongal and Tamil heritage month. The event was described as a joint effort by the British Tamil community.
The Tamil Guardian quoted Ed Davey as having declared that the Canadian decision to impose sanctions on the Rajapaksa brothers was ‘absolutely right’ and that ‘the time for fine words has gone.’
The World Tamil Historic Society, Transnational Government of Tamil Eelam, Tamils for Labour, Tamil Coordinating Committee, British Tamil Chamber of Commerce, and British Tamil Conservatives, contributed to the event.
There shouldn’t be any issue over the celebration of Thai Pongal, Tamil heritage month, as well as the contribution the Tamil community made to British society, with the participation of British politicians.
British politicians, at such events, reflected the importance of the British Tamils, of Sri Lankan origin, as a significant vote bank.
The Westminster event was attended by several senior representatives of political parties, including Chairman of the Conservative Party, Nadhim Zahawi. The event reiterated commitment of all stakeholders, for justice and accountability.
Labour MP for Eastham, Stephen Timms, too, urged the British government to impose sanctions on individuals who, the British knew, were responsible for war crimes. The MP underscored the need for an ‘independent, international investigation’ in the absence of a domestic reconciliation process in Sri Lanka.
Rishi Sunak and Labour Party leader, Keir Starmer, sent video messages, appreciating the contribution made by the British Tamil community.
In the wake of the UK MPs’ demand for sanctions on Sri Lanka, Foreign Secretary, Aruni Wijewardane, received UK’s Permanent Under Secretary of the Foreign, Commonwealth and Development Office (FCDO), Sir Philip Barton, at the Foreign Ministry, in Colombo, on January 17. A lengthy statement, issued by the Foreign Ministry, described the discussion as a constructive bilateral engagement in the 75th year of UK-SL diplomatic relations. The visiting official was accompanied by British High Commissioner to Sri Lanka, Sarah Hulton.
The media release didn’t indicate whether Sri Lanka will take up the contentious accountability issue, as the UK spearheads the high profile campaign against Sri Lanka. Therefore, the writer rationally ascertained that no other matter had been taken up at the discussion.
With the Canadian declaration that the Rajapaksa brothers, during Eelam War IV (2006-2009), perpetrated ‘gross and systematic violations of human rights,’ the campaign against Sri Lanka has entered a new phase.
The international media quoted Canadian Foreign Affairs Minister, Mélanie Joly, as having said that they took decisive action to end international impunity against violators of international law. The Canadian measures, include travel bans and asset freezes.
The latest action should be examined against the backdrop of the Canadian Parliament recognizing Tamil genocide in Sri Lanka.
Over 14 years, after the successful conclusion of the war against the Liberation Tigers of Tamil Eelam (LTTE), Sri Lanka is yet to counter lies. The failure on the part of successive governments to defend wartime political and military leaderships has facilitated the Western agenda. Sri Lanka’s bankruptcy has accelerated their despicable agenda.
Successive inept and treacherous Sri Lankan governments, and its often much compromised diplomatic service, never made a genuine attempt to set the record straight in Geneva, New York or Washington. In fact, they cooperated with those who propagated lies by conveniently failing to properly address issues at hand. Sri Lanka seemed determined not to defend its war against the LTTE, one of the half a dozen terrorist groups, formed by India.
Canada and the UK are not interested in inquiring into the origins of terrorism here. They do not care about the Tamils, who died in the hands of the Indian Army, during its deployment in the then temporarily merged Northern and Eastern Provinces. The loss of 1,300 officers, and men, and injuries suffered by more than double that figure in combat, during the period, 1987-1990, revealed the ferocity of fighting between one-time guardians of Sri Lankan terrorists and their ‘students.’
There had been numerous excesses and reprisals but such strategies were definitely not Indian policy at that time, but what happens in most wars. These Western paragons of virtue, what did their forces do, across the world, during the colonial past, and how do their law enforcers behave to this day, especially against blacks, natives in Canada, Australia and America.
Post-war national reconciliation
During the war, there had been many excesses. The Sri Lankan military cannot, under any circumstances deny that fact. However, that hadn’t been the government policy. Unfortunately, in the absence of a cohesive strategy, Sri Lanka remains accused of genocide, and the recent Canadian actions meant that the two Presidents were now categorized as war criminals.
But the billion dollar question is where is the justice for far greater war crimes, committed by the West, in places like Afghanistan, Syria, Iraq, Libya, Yemen, etc. Easily, more than a million innocent civilians would have perished by now, in these countries, because of those endless wars, fermented by the West on trumped up, or purely frivolous excuses, like Saddam Hussein is having weapons of mass destruction, or Gaddafi is butchering his own people, while everyone knew that a man like Saddam should be given a prize for keeping a divided nation, like Iraq, in one piece, or that Gaddafi was one of the most benevolent leaders in the entire world.
Foreign Minister, Ali Sabry, PC, in response to a query raised by the writer, at a Foreign Ministry media briefing, last year, said that sanctions had been imposed on entire fighting divisions. That was months before the categorization of the two Presidents as war criminals.
It would be a grave mistake, on the part of the Western community, to believe humiliation of the military would help post-war national reconciliation. On one hand, the Western community wants the Prevention of Terrorism (PTA) abolished, the remaining terror suspects released, and a one-time political arm of the vanquished LTTE, the Tamil National Alliance (TNA) political demands met. On the other hand, the grouping wants the military punished on unsubstantiated war crimes allegations. Canadian measures are in line with that despicable strategy.
The Sri Lanka Parliament, as the supreme institution, should be ashamed of its pathetic response to the Western war crimes campaign. Sri Lanka has conveniently failed, at least to remind the Western community how R. Sampanthan’s TNA served the LTTE interests by declaring terrorist leader, Velupillai Prabhakaran, the sole representative of the Tamil speaking people.
The TNA bestowed that honour, on the LTTE, in 2001. The Sri Lankan military restored the TNA as the principal political group in the Northern and Eastern provinces, after the elimination of the LTTE, militarily, in May 2009.
Instead of recognizing Sri Lanka’s achievement, the Western community has targeted Sri Lanka, basically for two reasons, namely (1) Colombo’s relationship with China and (11) the Diaspora factor.
Actually, Sri Lanka never had a strategy to counter lies. That is the undeniable truth. Incumbent UN Chief Antonio Guterres’s predecessor, Ban Ki-moon, once compared the Vanni offensive with that of Ruwanda and Serbia genocides in the 1990s. Former UN Secretary General, South Korean Ki-moon played his part to facilitate the Western agenda, in spite of his own mission, in Colombo, contradicting unsubstantiated accusations.
How SL facilitated Western strategy
Sri Lanka never made use of a golden opportunity, given by British Lord Naseby, in Oct. 2017, to prepare a solid defence of the armed forces. His stunning revelation, in the House of Lords, two years after Sri Lanka, under the shameful Yahapalana regime, co-sponsored accountability resolution against our own country, at the Geneva Human Rights Council, exposed the British duplicity.
On the basis of hitherto confidential dispatches from the British High Commission, in Colombo, during the last phase of the war – January-May 2009, the Conservative politician contradicted the very basis of the three-member UN Darusman report. This report, released on March 31, 2011, had been the primary reason for the 2015 accountability resolution that faulted the Sri Lanka Army.
The World War 11 fighter pilot fought a near three-year battle with the British administration to secure the confidential dispatches and was finally able to obtain a highly redacted version, to contradict the lies, in the second week of Oct. 2017. Although the then Foreign Minister Tilak Marapana, PC, in his address to the UNHRC, made a reference to Lord Naseby’s revelations, Sri Lanka never requested Geneva to examine the British dispatches.
The author of British dispatches, Lt. Col. Anthony Gash, has never challenged the authenticity of heavily censored dispatches, disclosed by Lord Naseby.
Sri Lanka, in June 2011, squandered a similar opportunity to make a strong case for a revisit of the one-sided Darusman report. The then US Defence Advisor, in Colombo, Lt. Col. Lawrence Smith, quite convincingly defended the Sri Lanka Army, at the 2011 Colombo Defence Seminar. The American contradicted unsubstantiated allegations, raised by a retired Indian Major General Ashok K. Metha, formerly of the infamous IPKF. Lt. Col. Smith must have made that declaration, based on information available to the US Embassy, in Colombo, as well as other dispatches from the war zone. And, most importantly, the American officer made the declaration within three months after the releasing of the Darusman report. Sri Lanka never used British and American dispatches in her defence.
Western powers continue to harass Sri Lanka on the basis of unsubstantiated war crimes
Geneva moves to further investigate Sri Lanka should be challenged as the previous accusations, that led to the 2015 Geneva resolution, remained uninvestigated.
According to the Darusman report (paragraph 23: Confidentiality of the Panel’s records), the accusations cannot be examined till 2031. This strange stipulation has a further clause stating that the time bar could be extended for a further period. We must be the only country not allowed to examine specific accusations, directed at its armed forces. Successive governments never took the entire gamut of issues, into consideration, before making representations, on behalf of the country.
The incumbent Wickremesinghe-Rajapaksa administration is no exception. In spite of repeated vows to defend the armed forces, the previous Gotabaya Rajapaksa-led government pathetically failed in its duty and responsibility.
Sri Lanka’s handling of accusations, relating to the Mannar mass graves, during the Yahapalana administration, revealed how the Foreign and Defence Ministry neglected their responsibilities. But even after the change of government, in the wake of Gotabaya Rajapaksa’s victory at the 2019 presidential poll, Sri Lanka did nothing to change the strategy.
The Mannar mass grave lie was contradicted by a reputed Miami-based laboratory. It cleared the war-winning Sri Lanka Army of any responsibility for extra-judicial killings there. The independent carbon testing report, from the internationally recognized US laboratory, concluded that the victims likely died up to 615 years ago — predating even the first European colonization of the country by the Portuguese.
Sri Lanka’s Office on Missing Persons (OMP) funded the tests on the remains to determine whether the victims were killed, during the conflict.
But, by then, Geneva has directly blamed Sri Lanka for the Mannar Sathosa ground mass graves. The then Human Rights Commissioner, Michelle Bachelet, audaciously went to the extent of referring to the Mannar mass grave site, in her annual report (section 23), submitted to the UNHRC. The following is the relevant section: “On May 29, 2018, human skeletal remains were discovered at a construction site in Mannar (Northern Province), Excavations conducted in support of the Office on Missing Persons, revealed a mass grave from which more than 300 skeletons were discovered. It was the second mass grave found in Mannar, following the discovery of a site, in 2014. Given that other mass graves might be expected to be found in the future, systematic access to grave sites by the Office, as an observer, is crucial for it to fully discharge its mandate, particularly with regard to the investigation and identification of remains, it is imperative that the proposed reforms on the law relating to inquests, and relevant protocols to operationalize the law be adopted. The capacity of the forensic sector must also be strengthened, including in areas of forensic anthropology, forensic archaeology and genetics, and its coordination with the Office of Missing Persons must be ensured.”
Geneva never expected the US report on Mannar mass graves to go against its strategy. The TNA, too, reacted as expected. The one-time LTTE ally never expected the US report to contradict high profile allegations. Colombo based diplomats, and foreign officials, visited the scene ,as interested parties propagated lies.
On behalf of the TNA, a lawmaker, representing the Vanni region, has called for a fresh testing in another lab in some other country. Our Vavuniya correspondent, Dinasena Ratugamage, quoted Mullaitivu District MP Nirmalanathan Sivamohan as having said: “This is not to say that we do not accept the reports sent by a lab in Florida, US, but given the importance of the Mannar grave site we need to get a second opinion.”
There were many other developments ranging from a spate of WikiLeaks revelations to political decisions that exposed the Western strategy. But, perhaps the irreversible defence of the military was provided by the Tamil community, living in the Northern and Eastern electoral districts, at the 2010 presidential election. The war-winning General Sarath Fonseka, in spite of suffering massive defeat in the hands of Mahinda Rajapaksa, comfortably won all predominately The Tamil speaking electoral districts, in those provinces, despite the TNA and the Tamil Diaspora, having accused him and his Army of committing war crimes. The Tamil community overwhelmingly responded to the TNA’s call to vote for Fonseka, who contested as the common candidate, fielded by the UNP-led alliance that included the JVP.
Unfortunately, Sri Lanka never bothered to officially take up this development to counter propaganda. Even if the TNA asked for the Tamil community to vote for Fonseka, the electorate wouldn’t have overwhelmingly done so unless it was convinced the eradication of the LTTE was a necessity.
Emergence of the ‘Singlish’ Gent
By Lynn Ockersz
Seventy five years into ‘Freedom’,
The smug power elites of the Isle,
Proudly speak a species of language,
Which is neither English nor Sinhalese,
But a bizarre hotchpotch of these,
Which is best called ‘Singlish’,
And it is resorted to freely,
By many of those at the helm of affairs,
Of the hapless Isle now sunk in penury,
But pity we must a country,
Which has lost its language identity,
But is foisting on its people,
Who are heirs to the best of Sinhala and Tamil,
An obscure dialect of the English Language.
in response to economic crisis
At the time Sri Lanka brought the war to a successful conclusion, in May 2009, the war-winning Army had some 5000 more men under arms than its approved cadre. The Army paid strength, in May 2009, had been 205,128 whereas the approved cadre was 200,783. Following the end of the war, the Rajapaksa government quietly began decreasing the troop strength, though the approved cadre remained the same. By the time, State Defence Minister Pramitha Bandara Tennakoon made the announcement on downsizing the Army, the strength was down to 168,000. In other words, the Army strength has been already down by approximately 38,000.
By Shamindra Ferdinando
State Minister Pramitha Bandara Tennakoon could have disclosed a decisive decision taken by the Wickremesinghe-Rajapaksa government to reduce the approved cadre of Sri Lanka Army (SLA) at the launch of ‘STORY OF THE WORLD: Geopolitical Alliances and Rivalries Set in Stone’ authored by Col. Nalin Herath, at Rock House Army camp (Regimental Headquarters of the Armoured Corps), on January 12.
State Minister Tennakoon was the Chief Guest at the event, attended by Defence Secretary Gen. Kamal Gunaratne, Chief of Defence Staff (CDS) Gen. Shavendra Silva, both of the Gajaba Regiment, and several other senior serving, and retired officers.
The author, as an armoured corps officer, has served the 681 Brigade of the 53 Division. He has been the Brigade Major. The 681 Brigade, assigned to the 53 Division, commanded by the then Maj. Gen. Gunaratne, has been credited with the killing of LTTE leader Velupillai Prabhakaran on the banks of the Nanthikadal lagoon, on the morning of May 19, 2009.
The first such book, launched by a serving officer, would have been the ideal setting for the official declaration on the reduction of SLA’s approved cadre.
A press release, pertaining to the proposed reduction of the approved cadre of the SLA, was released by Col. Nalin Herath, on the following day (January 13). Interestingly, the statement was attributed to State Defence Minister Tennakoon, who received the elevated position, on Sept. 08, 2022. The Matale District MP was among 37 government parliamentary group members appointed as State Ministers, as per the understanding between President Wickremesinghe and his principal sponsor, the ruling Sri Lanka Podujana Peramuna (SLPP). Pramitha Bandara is the son of Janaka Banadara Tennakoon, MP, one of the SLFP seniors who had even served the party during the tenure of the late Sirimavo Bandaranaike as the SLFP leader. Incidentally Pramitha’s paternal grandfather, Tikiri Banda Tennakoon, was a founder member of the SLFP, along with its creator, SWRD Bandaranaike. T.B., having swept into Parliament, in 1956, like so many other first timers, with an essentially Sinhala ethos, he continuously retained his Dambulla electorate for five consecutive terms, thanks to his dedication to serve his people.
Perhaps, that high profile decision to trim the armed forces, that were deliberately expanded in the last phase of the then long-running war, from 2006, should have been announced by President Wickremesinghe, who is also the Commander-in-Chief of the Armed Forces, and the Defence Minister, as well. The government owed an explanation whether the Cabinet-of-Ministers approved the far reaching move and when that decision was taken.
Following the perusal of statements, issued in Sinhala and English, there couldn’t be ambiguity regarding what really prompted the decision. Lawmaker Pramitha Tennakoon declared that the decision to reduce the current approved SLA cadre of 200,783 to 135,000, by end of next year, and further reduce that figure to 100,000, by 2030, has been taken after taking into consideration the current state of affairs. Obviously, the State Defence Minister was referring to Sri Lanka’s bankrupt status.
President Wickremesinghe’s decision to review the approved cadre of the SLA should be appreciated, as it was a long felt necessity, as maintaining an army of more than 200.000, under current circumstances, is no small burden for a country of the size of Sri Lanka, especially as it no longer faced any formidable enemy, militarily from within. This assertion shouldn’t be misconstrued as our wholehearted backing for the government decision. Let us hope some sections in the Opposition do not seek political advantage, thereby causing unnecessary friction amidst the continuing economic-political-social turmoil.
President Wickremesinghe indicated his desire to bring down the SLA’s strength, on Nov. 14, 2022. when he presented the 2023 Budget. Wickremesinghe proposed to allow armed forces personnel, other than special categories, to retire after 18 years of service. Wickremesinghe assured that tangible measures would be taken to provide them training, required to engage in productive economic activities.
On behalf of the government, State Minister Tennakoon asserted that a 100,000 strength as the right size for the SLA.
Change of SLA command
Army Chief, Lt. Gen. Vikum Liyanage, in his New Year message to his officers, and men, revealed the intended decrease in SLA’s approved cadre. Gajaba Regiment veteran Liyanage, who succeeded Gen. Shavendra Silva, on July 01, 2022, declared that preliminary measures had been taken in this regard. Army headquarters, in a statement issued on January 02, quoted Lt. Gen. Liyanage has having said the process was meant to streamline the organizational structure, operational deployment and concept of operations. The Army Chief emphasized the responsibility on the part of the SLA to be prepared to face any eventuality this year. Lt. Gen. Liyanage didn’t mince his words when he declared the need to keep their plans on track, regardless of the current crisis, which he described as a turbulent period.
If not for the massive public protest campaign that turned violent, after Temple Trees unleashed SLPP goons on the Galle Face ‘Go Gota Home’ protesters on May 09, morning, Liyanage probably wouldn’t have received an opportunity to command the war-winning SLA. The then President Gotabaya Rajapaksa, himself a Gajaba founder veteran, brought in Liyanage to succeed celebrated ground combat commander Gen. Shavendra Silva. Liyanage received the appointment on June 01. Protesters overran President Rajapaksa’s official residence, in Fort, six weeks later. Wickremesinghe, having been picked as President, by a majority vote in Parliament, has chosen Liyanage to oversee the transformation by granting him a one-year extension.
Otherwise, Liyanage would have retired on Dec. 31, 2022. He received a one-year extension, amidst intense controversy over his successor.
Over a dozen officers would retire by Dec. 31, 2023.
Gen. Shavendra Silva continues to serve as the CDS, a position he held earlier in an Acting Capacity beginning January 01, 2020, while also being the then Army Commander. The celebrated General Officer, Commanding (GoC) the 58 Division (previously Task Force 1) received the SLA command, on August 19, 2019, during the tail end of Maithripala Sirisena’s presidency. Unfortunately, many top officers, who contributed much to that most unlikely victory, over terrorism, were overlooked during the Yahapalana regime that came to power in 2015, thanks to the political betrayal by Maithripala Sirisena.
Proposed gradual but significant reduction of approved SLA cadre, by half, within the next seven years, should be examined, taking into consideration two domestic factors, namely (1) Ranil Wickremesinghe’s election as President to complete the remainder of Gotabaya Rajapaksa’s five-year term, and (2) the worst ever post-independence economic crisis that has compelled utterly disorganized and reckless political party system ways and means to cut down both capital and recurrent expenditure.
Cash-strapped Sri Lanka can save a considerable amount of public funds by halving the SLA size. Retired Maj. Gen. Udaya Perera, Director of Operations, during the crucial period of the Eelam War (2006-2009) asserted: “It is not the numbers that matter, but the deterrence….” The one-time Sri Lanka’s Ambassador to Malaysia, emphasized the responsibility, on the part of the decision-makers, to adopt, what he called, a pragmatic approach.
Contrary to numerous warnings, regarding the possibility of the LTTE launching a hit-and run-campaign, after the combined security forces decimated its conventional fighting capacity, by February-May 2009, the group was no longer in its previous suicide mode, due to the overbearing presence of the SLA. There had been one attempt to regroup and that was mercilessly and swiftly dealt with. Since then, ex-members of the group remained peaceful, though some expressed fears those who had been released after rehabilitation could take up arms again. Wartime Defence Secretary Gotabaya Rajapaksa, having played a pivotal role in the eradication of terrorism. by May 2009, allowed the release of as many as 12,000 ex-LTTE cadres and the gradual decrease of the SLA presence, in the Jaffna peninsula. Accordingly, the SLA gave up both state and private land in the Jaffna peninsula, and other parts of the Vanni and the East, held over the years, to fight the war, to facilitate the return of civilians, in peace time.
Rapid SLA expansion
At the time Eelam War IV erupted, in the second week of August, 2006, with coordinated attacks in the East and across the Muhamalai front line, extending from Kilali, across Eluththumaduwal to Nagarkovil on the Vadamarachchy east coast,
The SLA had approximately 60 regular and volunteer infantry battalions. It, however, lacked the wherewithal to simultaneously conduct offensive operations, defend areas under control and deploy troops to hold newly recaptured areas.
The then President Mahinda Rajapaksa took an unprecedented political decision to rapidly expand the SLA to finish off the LTTE, once and for all. The then Lt. Gen. Sarath Fonseka got what he asked for. Fonseka never hesitated to push the political leadership on the urgent need to expand the SLA. The Army Chief had the backing of the Defence Secretary and the whole process was expedited, overnight.
A recruitment drive got underway, in the last quarter of 2006, as the SLA, at a great cost, thwarted the LTTE offensive on the Northern front, stabilized the situation there, and went on the offensive. A relentless SLA campaign brought the entire Eastern Province, under government control, with the recapture of the last Tiger stronghold, at Toppigala, in July 2007. As the name denotes, it was a rock outcrop, with a clear viewing advantage of the surroundings. But, that wouldn’t have been possible without operations, conducted by the Navy and the Air Force, both in support of ground forces, as well as to weaken the overall conventional capacity of the enemy. But, ironically, that fact was lost on our warwinning military genius, Sarath Fonseka, and, no doubt, a man with a sixth sense, but who ironically felt that all war trophies should go to the Army and him.
We will cite just one example as to why we say he had a sixth sense that helped to win the war. For a long time, we had heard from lower ranking officers that they were often reluctant to call in artillery support as often they themselves got whacked by such ‘friendly’ fire. But after the all-out war broke out, in 2006, and the Army was advancing on several fronts, we suddenly found that Fonseka had taken a rather unusual step of putting a stop to the discretionary power of our artillery and he had placed Special Forces operatives with all field artillery units and they couldn’t fire their big guns till those minders, clearly wearing T-shirts, emblazoned ‘Special Forces’, double checked their ranges. And, miraculously, that ended many a friendly artillery killing our own soldiers. This was something all previous commanders failed to do.
As many as 120,000 men were mobilized as the the SLA raised almost 100 infantry battalions. It would be pertinent to mention that new recruits were required for new fighting formations and also to replenish depleted battalions. The high intensity Vanni battles took a heavy toll on fighting formations. The incumbent Army Commander had served as the Commanding Officer of the 8th battalion of the Gajaba Regiment (Jan. 1, 2006 to June 06, 2006) attached to 56 and 57 Divisions during the Vanni campaign. The 56 Division played a defensive role whereas 57 Division played a critically important offensive role, though it ceased offensive operations, after capturing Kurivilkulam, in the second week of Feb. 2009.
The rapid recruitment, training and deployment of fresh recruits swamped the Vanni with infantry formations. During the last phase of the war, the SLA troop strength doubled, thereby allowing successive commanders after Fonseka, who relinquished command in mid-July 2009, amidst controversy of his decision to enter active politics. Fonseka contested the 2010 January presidential election but suffered a humiliating defeat in the hands of Mahinda Rajapaksa.
Having made an abortive bid to spearhead a party of his own, the war hero, who holds the rank of Field Marshal, has now ended up as an MP, representing the main Opposition Samagi Jana Balavegaya (SJB).
Since the end of the war, there has been a gradual decrease in the security forces’ strength, though the approved cadre remained unchanged.
In spite of President Wickremesinghe’s declaration Sri Lanka’s commitment to friendly ties with all countries, at regional and global level, his government is ensnared in a deadly US-China conflict against the backdrop of an equally lethal debt trap.
Having declared bankruptcy, in April last year, Sri Lanka is struggling to reach consensus with China and India, two major bilateral creditors whose backing is nothing but a pre-requisite for the finalization of the IMF USD 2.9 bn credit facility, spread over a period of four years. No less a person than President Wickremesinghe, during an informal chat with a group of journalists, representing Upali Newspapers Ltd., on January 06, acknowledged the difficult situation his government is in.
There is still no clear indication when China and India will reach final consensus on this matter, although Sri Lanka and the IMF reached a staff-level agreement, relating to it, on Sept. 01, 2022.
The response of some sections of the international community, to the developing economic crisis here, cannot be discussed without taking into consideration their alignment with the US-led grouping meant to counter, what they perceive, as a growing Chinese threat.
Once Dr. Wijeyadasa Rajapakse, PC, declared that Sri Lanka faced a major security threat as long as the Hambantota Port remained in Chinese hands. The warning was given in the wake of the 2019 Easter Sunday carnage that claimed the lives of 269 men, women and children, including about 40 foreigners, and wounded about double that number. The then UNP lawmaker Wijeyedasa Rajapakse proposed the intervention of Parliament to take back the Hambantota Port, given to China, on a 99-year lease. Ranil Wickremesinghe, the Premier of the Yahapalana government that finalized the Hambantota Port deal, in 2017, is the President now.
Sri Lanka needs to carefully review the situation. Sri Lanka cannot afford to ignore geopolitical interests of individual countries, as well as various groupings, in addition to the Tamil Diaspora factor. The ‘Quad’ (Indo-Pacific Quadrilateral Dialogue) comprising the US, Australia, Japan and India. The grouping wants Sri Lanka, within its orbit, whereas China pursues its own strategy.
There cannot be any other reason than the Tamil Diaspora vote for Canada to recognize Tamil genocide, in May last year, and then imposed sanctions against former Presidents Mahinda Rajapaksa and Gotabaya Rajapaksa recently.
Canada’s treatment of indigenous people has exposed their human rights façade, while Ottawa pursue Sri Lanka over unsubstantiated war crimes allegations.
Unfortunately, successive Sri Lankan governments, including the incumbent Wickremesinghe-Rajapaksa administration, continues to fail the war-winning military.
Sanctions imposed on the Rajapaksa brothers must be examined, keeping in mind Sri Lanka’s pathetic failure to use Lord Naseby’s disclosure, in the House of Lords, in Oct. 2017. to clear the military. Following a lengthy legal battle, Lord Naseby forced the UK to release a section of highly censored confidential wartime dispatches (January 01, 2009- May 2009) from its High Commission in Colombo.
In conversations with this writer, in Colombo, last year, Lord Naseby expressed disappointment over Sri Lanka’s continuous failure to use available evidence, coupled with a very supportive assessment made by wartime US Defence Advisor Colonel Lawrence Smith, in Colombo, over two years, after the war ended, at the inaugural defence seminar, in Colombo. Sri Lanka simply ignored the US Colonel’s declaration that must have been made quite confidently in the presence of senior military representatives of about 40 countries.
Sri Lanka never recognized the growing threat until the US imposed a travel ban on Gen. Shavendra Silva, on Feb. 13, 2020. That was five years after Australia refused a visa to Maj. Gen. Chagie Gallage, also over unsubstantiated war crimes allegations.
Field Marshal Sarath Fonseka, too, has been denied a US visa after Washington quite conveniently forgot backing Fonseka at the 2010 presidential poll and the war-winning Army Chief receiving the backing of the Tamil National Alliance that ensured the General sweeping predominately Tamil speaking districts in the Northern and Eastern Province, at the 2010 presidential poll. But, Canadian sanctions on former President Mahinda Rajapaksa, MP, are the first on a politician, whereas Gotabaya Rajapaksa was targeted over his role as the wartime Defence Secretary.
Parliament needs to ascertain the situation seriously, and take appropriate measures, at least now, to have accountability issues examined properly to pave the way for restoring public faith in the political party system.
Parliament, entrusted with financial responsibility, has achieved what the LTTE, one of the groups established by India, in the ’80s, to terrorize Sri Lanka, failed to do.
Parliament has overseen the ruination of the war-winning country. The declaration of bankruptcy is nothing but an indictment of successive governments. The debt servicing crisis should be studied, keeping in mind Sri Lanka obtained IMF’s bailout packages on 16 previous occasions. The next one depends on the response of Sri Lanka’s creditors, China and India.
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