News
HRC finds five sections of new Act inconsistent with SC determination
Opposition’s criticism of Online Safety Law vindicated
By Shamindra Ferdinando
The ongoing controversy over the enactment of the Online Safety law (ONLINE SAFETY ACT, No. 9 OF 2024) in violation of the Supreme Court determination has taken a new turn with the Human Rights Commission (HRC) contradicting Speaker Mahinda Yapa Abeywardena’s declaration pertaining to the legality of the new law.
Dissident SLPPer Prof. G. L. Peiris told a media briefing, at his Kirula Road residence, on Monday (12), that the HRC, in a letter dated Feb 08, 2024, had informed Speaker Abeywardena that the new Act was not in line with the SC’s determination of the Online Safety Bill.
The HRC wrote to the Speaker just two days after the Speaker’s Office issued a statement dismissing repeated accusations over the manipulations in the enactment of new law. Prof. Peiris said that the HRC’s letter followed the Speaker’s endorsement of the Certificate on the Online Safety Bill on Feb 02, 2024, thereby making it the ONLINE SAFETY ACT, No. 9 OF 2024.
The former External Affairs Minister said the HRC’s letter, also copied to President Wickremesinghe, Public Security Minister Alles, and Attorney General Rajaratnam, PC, has pointed out that the SC’s recommendations hadn’t been accommodated in Section 13 (Clause 13 of the Bill), Section 16 (Clause 17 of the bill), Section 19 (Clause 21 of the Bill), Section 20 (Clause 22 of the Bill) and Section 27 (Clause 31 of the Bill).
The four-page letter has been signed by Justice L.T.B. Dehideniya, who received the appointment in late June last year.
Other members of the Commission are Prof. Thaiyamuthu Thaanaraj, Prof. Fathima Farzana Haniffa, Nimal G. Punchihewa and Dr. Gehan Dinuk Gunatilleke.
Prof. Peiris, who recently aligned himself with the main Opposition Samagi Jana Balawegaya, said that the Speaker owed an explanation. The HRC’s declaration has quite clearly proved that the new law was contrary to the Constitution and therefore couldn’t be accepted under any circumstances, Prof. Peiris said, alleging that though there had been previous infringements, the country never witnessed such blatant violation before.
Asked whether the SJB could seek the Chief Justice Jayantha Jayasuriya’s intervention and procedures to follow in case Parliament failed to adhere to the SC’s recommendations and any similar blatant violation before, Prof. Peiris said: “Never as blatant a violation as this. Unfortunately, the Constitution provides in Article 80(3) that, once the Speaker certifies a Bill, it cannot thereafter be challenged in a Court of Law. However, there is explicit provision that, where the SC Determination specifies that particular sections can be passed with a simple majority only subject to amendments required by the SC, Parliament shall incorporate these amendments, otherwise enactment by a special majority of 2/3 is mandatory.
The former Constitutional Affairs Minister said: “We will argue that in view of this provision the Bill has not been validly enacted with mandatory constitutional requirements. If the SC Determination, or parts of it, can be disregarded with impunity, this makes pivotal Articles like 120 and 123 redundant. This goes to the very root of a valid legislative process.
The former law Professor stressed that there is an obiter dictum by the late Justice Mark Fernando that, where the legislative process is flawed, in that constitutional provision have been contravened, certifications the Speaker will not save the Bill.
At the onset of the briefing, Prof. Peiris said that in terms of seriously flawed new law enforcement authorities have made first arrest on Sunday (11) and seemed to be bent on using the draconian law to suppress the free media.
The Opposition would resort to what the emeritus law academic called suitable legal challenge.
Declaring that the HRC is deeply concerned over the glaring omissions in the Online Safety Act in terms of the Act’s full compliance with the SC’s Determination, Justice Dehideniya, on behalf of the HRC warned: “any such omission, and consequently, any remaining inconsistency with the Constitution, would have required that the Online Safety Bill be enacted only with a special majority in Parliament. Therefore, the failure to ensure full compliance with the Court’s determination may give occasion to serious concerns over whether the Act, in its current form, received the requisite number of votes in Parliament.”
Prof. Peiris emphasised that the HRC has confirmed the Opposition complaints”
Following a two-day debate, 108 MPs voted for the Bill and 62 against on January 24.
Pointing out that the HRC has taken up the issue with the Speaker after careful examination of the Bill and SC’s recommendations, Prof. Peiris emphasized that the Speaker should accept responsibility for the unprecedented development. Prof. Peiris urged the SLPP, too, to look into this matter as the ruling party could absolve itself of the responsibility for the pathetic state of affairs.
Prof. Peiris said that the Speaker’s Office should respond to the HRC. “We intend to vigorously pursue this matter as Speaker Abeywardena cannot be allowed to pursue his own agenda at the expense of parliamentary traditions,” he said.
… alleges Kanchana’s Electricity Act exploited to facilitate ‘deal’ with India
The Frontline Socialist Party (FSP) has alleged that President Anura Kumara Dissanayake entered into seven MoUs/Agreements with India without consulting Parliament or the Cabinet of Ministers.
Accusing President Anura Kumara Dissanayake, who is the leader of the Janatha Vimukthi Peramuna (JVP), as well as the National People’s Power (NPP), of undermining Sri Lanka’s sovereignty, the breakaway JVP faction pointed out the signing of seven MoUs/Agreements had coincided with the 54th anniversary of the JVP’s first insurrection.
The top FSP spokesman and their Education Secretary, Pubudu Jayagoda, told a press conference, at their Nugegoda party office, that the JVP had completely betrayed those who sacrificed their lives during the 1971 and 1987-1990 insurrections. Having completely changed its policy towards India, the JVP was now down on its knees before India, Jayagoda said.
The dissident JVPer emphasised that such vital MoUs/Agreements couldn’t be finalised without proper consultations. Declaring that the MoUs/Agreements hadn’t been released yet, Jayagoda said that the FSP, in terms of the Right to Information Act, sought the copies of them as the public couldn’t be deprived of their right to know.
The section, now calling themselves FSP, split from the JVP in early 2012 after major differences among the top leadership over the direction of the party. Anura Kumara Dissanayake succeeded Somawansa Amarasinghe as the JVP leader in Dec. 2014.
Referring to the MoU, in respect of the implementation of HVDC interconnection for import/export of power, Jayagoda said that the NPP took advantage of the new Electricity Act that was enforced by the Wickremesinghe-Rajapaksa government in late June last year to pave the way for a deal with India. The JVP-led NPP that moved court against the then Power Minister Kanchana Wijesekera’s Bill, and voted against the Bill at the second reading, exploited the same to its advantage, Jayagoda charged.
The Sri Lanka Electricity Bill repealed the 1969 Ceylon Electricity Board (CEB) Act and subsequent laws regarding the electricity industry.
Comparing the MoU, signed in the presence of President Dissanayake and Premier Narendra Modi, Jayagoda said that both Nepal and Bangladesh had been trapped in similar agreements they signed earlier.
Jayagoda alleged that Nepal was in such a pathetic situation even if they could meet electricity requirement through hydro-power generation, the agreement with India compelled them to obtain power from India.
Jayagoda pointed out that the government now boasted of a proposed new120 MW solar power plant at Sampur to be implemented in two stages after having crippled domestic solar power generation capacity. The former JVPer said that the NPP government was bending backwards to appease India and pursuing an agenda inimical to Sri Lanka.
Jayagoda dealt with the MoU on cooperation in the field of sharing successful digital solutions implemented at population scale for digital transformation. The FSP spokesman said that the Indian-funded project to issue digital NIC would be disastrous as it would enable India to gather information.
Commenting on a MoU that covered the health sector, Jayagoda alleged that the government had agreed to share authority exercised by the National Medicine Regulatory Authority (NMRA) with India.
Jayagoda said that the MoU on defence cooperation undermined the country’s vital security interests and jeopardised relations with other countries.
The FSP said that political parties, represented in Parliament, were largely silent and seemed to be reluctant at least to express their views on the betrayal of the country.
By Shamindra Ferdinando
Adani Ports and Special Economic Zone Ltd. (APSEZ), India’s largest integrated transport utility, has announced the commencement of operations at the Colombo West International Terminal (CWIT), located at the Port of Colombo, the company said in a statement issued simultaneously in Ahmedabad and Colombo yesterday (07)
Developed under a landmark public–private partnership, CWIT is operated by a consortium comprising India’s largest port operator Adani Ports & SEZ Ltd., leading Sri Lankan conglomerate John Keells Holdings PLC, and the Sri Lanka Ports Authority, under a 35-year Build, Operate, and Transfer (BOT) agreement.
The CWIT project represents a significant investment of USD 800 million and features a 1,400-metre long quay and 20-metre depth, enabling the terminal to handle approximately 3.2 million Twenty-foot Equivalent Units (TEUs) annually. It is the first deep-water terminal in Colombo to be fully automated, designed to enhance cargo handling capabilities, improve vessel turnaround times and elevate the port’s status as a key transshipment hub in South Asia.
Construction began in early 2022 and has since achieved rapid progress. With the installation of cutting-edge infrastructure now nearing completion, CWIT is poised to set new benchmarks in operational efficiency and reliability in regional maritime logistics.
“The commencement of operations at CWIT marks a momentous milestone in regional cooperation between India and Sri Lanka,” said Chairman of the Adani Group Gautam Adani. “Not only does this terminal represent the future of trade in the Indian Ocean but its opening is also a proud moment for Sri Lanka, placing it firmly on the global maritime map. The CWIT project will create thousands of direct and indirect jobs locally and unlock immense economic value for the island nation. It also stands as a shining example of the deep-rooted friendship and growing strategic ties between the two neighbours, and of what can be achieved through visionary public–private partnerships. Delivering this world-class facility in record time also reflects the Adani Group’s proven ability to efficiently execute large-scale critical infrastructure projects anywhere in the world.”
“We are proud to see the progress in the development of the West Container Terminal, a project that strengthens Sri Lanka’s position as a regional maritime hub,” said Chairperson, John Keells Group Krishan Balendra. “This project is one of the John Keells Group’s largest investments and is among the most significant private-sector investments in Sri Lanka. Together with the Sri Lanka Ports Authority and the Adani Group, we will elevate Colombo’s status as a leading transshipment hub. We are confident that the project will enhance global trade and connectivity in the region”, he said.
Sri Lanka Insurance Corporation Life Limited (SLICLL) has concluded the year 2024 with outstanding financial performance, achieving a remarkable profit before taxation of Rs. 30.7 billion. The text of SLIC statement: “The company recorded a robust Gross Written Premium (GWP) of Rs. 26.3 billion, reflecting an impressive 25% growth. Remarkably, as of December 31, 2024, Sri Lanka Insurance Life marked a historic milestone with a New Business volume of Rs. 5.3 billion, recording a 48% growth, the highest in the company’s history.
Demonstrating its unwavering commitment to policyholders, Sri Lanka Insurance Life disbursed Rs. 13.7 billion in maturity settlements and claim payments in 2024, these figures reaffirm the company’s financial strength and dedication to fulfilling its obligations. Further cementing its position as a market leader, SLICLL continued to expand its asset base to an impressive Rs. 237 billion and grew its Life Fund to Rs. 213.2 billion. These achievements were realised amidst organizational transformations and challenging economic conditions. Additionally, the company recorded 319 MDRT qualifiers, the highest ever for SLIC Life.
Highlighting its prudent investment strategies and unwavering commitment to policyholders, Sri Lanka Insurance Life declared the largest Life Insurance bonus in the industry for 2023, amounting to Rs. 11.2 billion. Over the past two decades, the company has consistently delivered industry-leading bonus payouts, with cumulative declarations exceeding Rs. 104 billion. Continuing this legacy, Sri Lanka Insurance Life is set to declare its highest ever bonus for 2024, with official communication to be released in the near future.
Group Chief Executive Officer of Sri Lanka Insurance, Mr. Chandana L. Aluthgama, stated, “Our exceptional financial performance is a testament to the dedication and resilience of our team, who have navigated challenges with unwavering commitment. Despite economic fluctuations and internal transformations, our strategic focus has reinforced our market leadership. As we step into the future, we remain committed to innovation, customer trust, and industry leadership.”
Chairman of Sri Lanka Insurance, Mr. Nusith Kumaratunga, emphasized, “Sri Lanka Insurance Life has proven its strength and stability, delivering sustainable growth while reinforcing its role in the nation’s economic progress. Our vision extends beyond business success, we aim to contribute to national development by strengthening the economy and reducing dependency of the people on state support.”
Beyond financial success, Sri Lanka Insurance Life continued to earn industry recognition in 2024. The company was named ‘The Most Loved Life Insurance Brand’ by LMD for the seventh consecutive year and was ranked among the ‘Top 100 Most Valuable Brands’ in Sri Lanka by LMD Brand Finance. Additionally, SLIC Life secured top honors at the ‘Best Management Practices Company Awards 2024,’ ranking among the top ten companies and winning the ‘Insurance – Public Sector Company’ category.
Committed to international standards and operational excellence, Sri Lanka Insurance Life maintains ISO 9001:2015, ISO/IEC 27001:2013, and ISO 14064-1:2018 certifications. The company also continues its social impact initiatives, including the free Life Insurance cover gifted to parents of newborns on World Children’s Day for the third consecutive year, supported 1100 families in flood affected areas, providing emergency assistance to pilgrims traveling to Anuradhapura for Poson Poya and the awarding of 370 Suba Pathum scholarships to outstanding students in national examinations.
Looking ahead, Sri Lanka Insurance Life remains focused on driving innovation, enhancing customer confidence, and making meaningful contributions to society. With a solid foundation and a clear vision, the company is poised to maintain its legacy of excellence and leadership in the insurance industry.
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Breakaway JVP faction decries Indo-Lanka MoUs as betrayal
Adani’s Colombo Terminal commences operations
SLIC Life reports robust performance with Rs. 30.7 Billion PBT in 2024
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