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Midweek Review

LTTE’s Balasingham, Garnier and Western diplomatic missions

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Garnier Francis

Analysis of telephone data revealed that Swiss embassy employee Garnier Banister Francis had been in touch with Chief Inspector Nishantha Silva before the latter left for Switzerland. She had also been in touch with several others. Had she really desired to migrate to Switzerland with her family, the Swiss mission here could have arranged it. They could have left the country without making an issue. Unfortunately, Sri Lanka seems still blind to the machinations of Western powers. That is the undeniable truth. However, the government response to the Swiss accusation can be considered an exception. The then Foreign Secretary Ravinatha Aryasinha and Defence Secretary Kamal Gunaratne on Dec 01, 2019 briefed Swiss Ambassador Hanspeter Mock and the Deputy Chief of Mission. They set the record straight. CCTV footage, Uber taxi and telephone records as well as GSP data proved Mock wrong (Alleged abduction: Swiss Ambassador’s claim not true-gov., The Island, Dec 02, 2019) It wouldn’t be wrong to say that the Swiss Ambassador lied. The issue is whether the local employee misled the Ambassador or she was part of a wider conspiracy.

By Shamindra Ferdinando

There hadn’t been a previous instance of a local employee of a diplomatic mission, based in Colombo, receiving international media attention before Garnier Banister Francis ended up in the New York Times in late Nov., 2019. The British Broadcasting Corporation (BBC), as well as the Indian media, reported the alleged incident, following the New York Times (NYT) exclusive headlined ‘Sri Lanka critics fear a crackdown is underway, and some flee.’

The alleged abduction of a female Swiss Embassy employee, just a week after the swearing in of Gotabaya Rajapaksa as the seventh executive President, rattled the government. Even Anton Stanislaus Balasingham, 68, the late theoretician of the Liberation Tigers of Tamil Eelam (LTTE), hadn’t received such prominent media attention during the time he had served the British High Commission, in Colombo, as a translator. Balasingham captured media attention after he received the LTTE recognition as its spokesperson. That was years after he left the BHC, Colombo, and got married to Australian-born Adele, a nurse by profession, in 1978. British passport holder Balasingham passed away at his South London home on Dec. 14.

Francis received wide media coverage after she alleged being abducted by government agents on the evening of November 25, 2019, near St. Bridget’s Convent, sexually assaulted, and questioned regarding Sri Lankans who sought asylum in Switzerland. She claimed to have been abducted by five persons who arrived in a Toyota Corolla car soon after she left the Embassy at No 63, Gregory’s Avenue (Srimath R.G. Senanayake Mawatha), Colombo 07.

Both the UNP and the JVP immediately and blindly found fault with the government. They didn’t even bother to wait for a preliminary inquiry before accepting the Swiss Embassy employee’s claim. The NGO grouping, generally funded by the West, too, wholeheartedly backed her claim.

Maria Abi-Habib and Sameer Yasir reported the abduction in the NYT online edition on Nov. 27, the day the then Swiss Ambassador, in Colombo, complained to the then Prime Minister Mahinda Rajapaksa, at his Wijerama Mawatha residence, about the abduction. They updated the story on Nov. 29, 2019.

By the time the NYT reported the alleged abduction, now admitted in the Colombo High Court as a lie by the accuser, the local police hadn’t been at least aware of the ‘incident.’ But, the Embassy had briefed the New York Times journalists of the incident. They quoted diplomatic officials in Colombo as having said that the men held the Embassy employee for several hours and then, before releasing her, threatened to kill her if she told anyone. For a country like Switzerland that maintains a lily white image, despite getting super wealthy by secretly handling black money, from around the world, under convenient banking secrecy laws, is capable of committing any heinous crime. Remember the country’s banks also stole funds of Jews burnt in Hitler’s gas chambers.

They were further quoted as having claimed the men appeared to be focused on finding information about a Sri Lankan detective who had been investigating President Gotabaya Rajapaksa. NYT refrained from naming the detective.

NYT was referring to Chief Inspector Nishantha Silva of the Criminal Investigation Department (CID) who left for Switzerland with the blessings of the then Swiss Ambassador in Colombo Hanspeter Mock. The investigator with obvious stained hands was accompanied by his wife and three children.

NYT quoted Swiss Foreign Ministry spokesperson Pierre-Alain Eltschinger as having declared: “We can confirm that a local employee of the Embassy was detained against her will on the street and threatened at length by unidentified men in order to force her to disclose Embassy-related information.”

“Switzerland regards this incident as a very serious and unacceptable attack,” he said, adding that the Swiss government was “demanding an immediate and complete investigation into the circumstances surrounding the incident.”

Sri Lanka last week brought the high profile case to a conclusion. Colombo High Court Judge Namal Balalle on Friday (Nov. 14) sentenced Francis to two years RI suspended for five years. She was also ordered to pay Rs. 2 mn as compensation to the government and fined Rs. 5,000. She is now free to join her husband and two children in Switzerland.

Probably the person who should be compensated is former President Gotabaya Rajapaksa whose administration was the target of this wholly staged drama to malign it no sooner he became the President with an overwhelming mandate.

The judgement was delivered four years after the alleged incident. Francis pleaded guilty to charges in open court. Judge Balalle lifted the travel ban imposed on Francis. She was represented by former President of the Bar Association Kalinga Indatissa, PC.

The Bar Association, during Indatissa’s tenure as its President, took offence over the high handed statement issued by the Swiss government on Dec. 30, 2019, as regards the proceedings pending in the Magistrate’s Court of Colombo over the purported abduction of Garnier Francis. The Bar Association issued a strongly worded statement that condemned the Swiss position and their motives. At the Magistrate Court, Upul Kumarapperuma appeared with Sudharshana Gunawardena. Once the case was moved to High Court, Indatissa led the defence team.

Manohara de Silva, PC, strongly criticized the Swiss mission here over the incident. The Island carried two statements issued by the lawyer. The then Chairperson of the HRCSL, Dr. Deepika Udugama, too, in respons to The Island query issued a statement that dealt with the issue. She stressed the need for investigators to have access to the Swiss Embassy employee.

The Swiss Embassy employee’s canard was exposed by our intrepid investigators who wasted no time in perusing CCTV and other evidence before interested parties could have tampered with them.

Swiss salvo

A few days after the alleged incident, the Swiss mission, in Colombo, issued the following statement: “On 25 November 2019, a serious security incident, involving a local employee of the Embassy of Switzerland, in Colombo, occurred. The employee was detained against her will in the street, forced to get into a car, seriously threatened at length by unidentified men and forced in order to disclose Embassy-related information.

Several false pieces of information are circulating in the reporting of this incident. The Swiss Embassy in Colombo is issuing the following clarifications: (1) The Swiss Embassy immediately lodged a formal complaint and is fully cooperating with the Sri Lanka authorities in order to support police investigation and initiate an inquiry over the case, while duly considering the health condition of the victim and her relatives. (2) Due to a deteriorating health condition, the victim is currently not in a state to testify. (3) It has been alleged that the Swiss government rejected a request for the extradition of an employee of the Sri Lankan Criminal Investigation Department (CID) and his family. No such request has been submitted.

Having declared the Embassy was fully cooperating with authorities, Hanspeter Mock accommodated the local employee in the mission till Dec. 8, 2019. She reported to the CID on the afternoon of Dec. 08, 2019, but declined to undergo medical examination in the absence of a female doctor though two female nurses were present (Alleged abduction: Swiss embassy employee makes statement to CID, The Island of December 09, 2019 edition).

It would be pertinent to mention that Ambassador Mock handed over the local employee to the CID after President Gotabaya Rajapaksa rejected his proposal to evacuate the Embassy employee, along with her family, to Switzerland, in an air ambulance, they had managed to fly into BIA well in advance. No less a person than President Rajapaksa told the writer on the night of Nov. 29, 2019, about the Swiss bid (Swiss mystery takes a new turn: Air ambulance to move embassy employee, govt. insists on immigration formalities, The Sunday Island, Dec. 01, 2019 edition). Until then Hanspeter Mock hindered the investigation. While demanding a thorough inquiry, the Swiss Embassy initially declined to reveal the identity of the alleged victim. In hindsight, the Swiss planned to take her out of the country without she being subjected to any form of investigation (Alleged abduction: Swiss embassy denies SL access to employee, with strapline FM asks embassy to follow established procedure to allow smooth probe, The Island, Nov. 29, 2019, edition)

The attempt to evacuate the group (Garnier Francis and her family) was made during President Gotabaya Rajapaksa’s two-day visit to New Delhi. At the behest of the President, those who dealt with the Swiss authorities insisted that evacuation could be permitted only if the Embassy employee and her family underwent immigration formalities. Had the government gave in to diplomatic pressure and allowed her to go, the unsubstantiated allegations wouldn’t have been proved false. And the malicious claim against our country would have stuck for good across the world.

Interestingly, the Swiss Embassy statement conveniently failed to name the detective, though the local media identified the officer concerned. In fact, Sri Lanka never sought a clarification from the Swiss Embassy as regards the detective. Actually, it wouldn’t be fair to blame the Swiss Embassy for Sri Lanka’s inept response. Regardless of who held political power, Sri Lanka lacked the political will to face challenges, and external powers enjoyed manipulating the country to their hearts’ content. It would be a grave mistake on our part to blame external elements working through their agents here without taking remedial measures.

Those who planned the propaganda blitz over the Swiss Embassy employee ‘abduction’ case certainly took into consideration a spate of still unsolved cases – the disappearance of 11 youth at the hands of the Navy, mostly in 2007/2008, torturing of Deputy Editor of The Nation, Keith Noyahr, on May 22, 2008, assassination of the founding Editor of The Sunday Leader, Attorney-at-Law, Lasantha Wickrematunga, in the morning of January 08, 2009, on Attidiya Road, near Bakery Junction, attempt on the life of Rivira editor, Upali Tennakoon, on January 23, 2009, at Imbulgoda, Gampaha, abduction and assault on well-known journalist and civil society activist, Poddala Jayantha, on June 1, 2009, near Embuldeniya Junction, in Nugegoda, and disappearance of media personality, Prageeth Ekneligoda, on the eve of the January 26, 2010, presidential poll. Keith Noyahr and Upali Tennakoon secured political asylum overseas.

We are not saying the Rajapaksas were behind all of the above, but they and the succeeding UNP-led Yahapalana administration failed to get to the bottom of any of them.

Need for a wider inquiry

The incumbent Justice Minister Dr. Wijeyadasa Rajapakse, PC, was the first parliamentarian to raise a CID officer taking refuge in Switzerland. In conversation with the writer, the then UNP MP Wijeyadasa Rajapakse explained the responsibility on the part of the Foreign Ministry to seek the extradition of CI de Silva as the relatively junior officer and his family receiving political asylum in Switzerland should be examined against the backdrop of many senior military officers being denied visas. The MP also disclosed how the then senior officer in charge of the CID, DIG Ravi Seneviratne, defended the conduct of CI de Silva when Yahapalana President Maithripala Sirisena summoned the top man for a discussion in late 2018 following a complaint made by him. Lawmaker Wijeyadasa Rajapakse said that he felt the urgent need for President Sirisena’s intervention as the CID was making moves to arrest Admiral Wasantha Karannagoda and Chief of Defence Staff (CDS) Admiral Ravi Wijegunaratne over the abduction of 11 persons and giving protection to Lieutenant Commander Chandana Prasad Hettiarachchi falsely implicated in the abduction cases, respectively (Wijeyadasa reveals powwow between CID Chief and President MS: Govt. urged to seek Nishantha’s extradition, The Island, Nov. 27, 2019)

Police headquarters went to the extent of deliberately calling Lt. Commander Hettiarachchi ‘Navy Sampath’ in a bid to manipulate the case. The Swiss got involved when Lt. Commander G.G. Laksiri, who gave evidence against Admiral Wijegunaratne, was granted political asylum to the Volunteer Naval Force officer. Therefore, Laksiri had secured Swiss protection much before CI Silva and attempts to depict the detective as the first man from the security sector to do so are not fair.

Then there was the case of Lt. Commander Welagedara who secured political asylum in Australia claiming his life was at risk here. Welagedara migrated to Australia during the Yahapalana administration in spite of Admiral Karannagoda complaining to the then Defence Secretary over accusations made by the officer. The then President’s Office intervened on behalf of Welagedara who skipped a Tri-Services Board of Inquiry scheduled to begin hearings on January 07, 2017.

Other cases

Sri Lanka lacked political will to counter those who propagated lies in a deliberate attempt to tarnish the country’s image.

One-time Northern Province Chief Minister and ex-SC judge C.V. Wigneswaran (member of the current Parliament) couldn’t stomach the LTTE’s defeat. In August 2016, Wigneswaran accused the military of killing over 100 LTTE combatants, in custody, by poisoning them. The PTI and NDTV were among international media which reported unsubstantiated allegations.

Wigneswaran placed the number of such deaths at 104. Accusations were made while the U.S. Pacific Command’s ‘Pacific Angel’ exercise was underway in the Jaffna peninsula. Obviously, the politician took advantage of the US exercise to propagate war crimes accusations.

Wigneswaran boldly declared that the U.S. Air Force medical team, in Jaffna, could examine the former rehabilitated LTTE cadres, who, he alleged, had fallen sick because they were injected with poisonous substances at government detention centres. The government never bothered to seek an explanation from Wigneswaran.

The then State Defence Minister Ruwan Wijewardene and Health Minister Dr. Rajitha Senaratne dismissed the vicious accusations. Wijewardene offered the international community access to rehabilitation facilities. What the Ministers didn’t realize was that by Aug. 2018, the vast majority of ex-LTTE combatants had been released.

The US conveniently refrained from making its position clear on Wigneswaran’s claim when the writer raised the issue with the US Embassy in Colombo. There had never been such a claim before TNA’s Wigneswaran sought to humiliate Sri Lanka. It would be pertinent to mention that one-time LTTE subordinate, the TNA, backed common candidate Maithripala Sirisena at the 2015 presidential poll, having earlier supported Gen. Sarath Fonseka at the previous presidential poll.

On both occasions, the TNA delivered all northern and eastern electoral districts to Fonseka and Sirisena, who contested on the New Democratic Front (NDF) ticket with the ‘Swan’ as its symbol. The TNA did the same for Sajith Premadasa in the North and the East at the last presidential election, though the South overwhelmingly defeated the UNPer as was the case with Fonseka previously at the 2010 presidential poll.

Unfortunately Gotabaya Rajapaksa, who had been elected with a staggering 6.9 mn votes could not overcome the overwhelming economic-political-social crisis that was created by his predecessors while he, too, took some short-sighted disastrous decisions possibly on wrong advice.

The Swiss project against President Gotabaya Rajapaksa should be examined taking into consideration accusations made at a media briefing chaired by Dr. Rajitha Senaratne a week before the Nov. 16, 2019 presidential election. The briefing was held in support of UNP presidential candidate Sajith Premadasa.

The SLPP presidential candidate was accused of ordering the killing of people and throwing their bodies into a crocodile-infested tank in the Moneragala district during his tenure as the Defence Secretary. At the same media briefing, the Mahinda Rajapaksa government was also accused of secretly moving 700 tonnes of gold from the North during and after the conclusion of the war.

When the lie backfired, the UNP called a media briefing at Sirikotha on Dec. 26, 2019. in support of Dr. Senaratne who was in hiding. Guess who was there to defend Dr. Senaratne? TNA heavyweight M.A. Sumanthiran, whose party, in 2001, declared the LTTE as the sole representative of the Tamil-speaking people. A few hours after the briefing, Dr. Senaratne, who arrived at Lanka Hospital, Narahenpita, got himself admitted. That case is pending in the Colombo High Court.



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Midweek Review

Ex-SLN seniors focus on seabed mining and Sri Lanka’s claim for the delimitation of the Outer Continental Margin

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Ambassador Majintha Jayasinghe, on Dec, 12, presented his Letters of Credence to Chinese leader Xi Jinping at the Great Hall of the People in Beijing. Jayasinghe was among several envoys who presented their credentials on that day.

During the presentation of the Letters of Credence, Ambassador Majintha Jayasinghe conveyed greetings from the President of Sri Lanka Anura Kumara Dissanayake and the people of Sri Lanka, to President Xi Jinping. President Xi reciprocated greetings to the President and the people of Sri Lanka. Addressing them, Jinping reiterated China’s readiness to share its development expertise and opportunities with other countries and promote the modernization of all countries, based on peaceful development, mutually beneficial cooperation, and common prosperity.

The above strategy has done wonders for Beijing as its windfall in Africa and elsewhere is leaving the traditional domineering states of the West literally in shock and awe, to borrow the words of former US President George W. Bush, who, of course, uttered those words in haste after the US invaded Iraq.

By Shamindra Ferdinando

Close on the heels of the conclusion of President Anura Kumara Dissanayake’s three-day official (Dec. 15-17) visit to New Delhi, the Indian High Commission here announced the planned visits by Indian Coast Guard vessels OPV (Offshore Patrol Vessel) Vaibhav and FPV (Fast Patrol Vessel) Abhiraj to Colombo and Galle, respectively.

According to an Indian HC press release, dated Dec. 20, OPV Vaibhav would be here from Dec. 23 to 27 and FPV Abhiraj from Dec. 29 to January 02, 2025.

As dinned into us over and over again by Indians, such visits, are meant to consolidate the friendship and interoperability between the two neighbouring friendly Navies in line with India’s SAGAR (Security and Growth for All in the Region) doctrine and ‘Neighbourhood First’ policy.

A day after the Indian HC statement on impending ship visits, the Chinese People’s Liberation Army Navy hospital ship ‘Peace Ark’ arrived in Colombo on a formal visit. The vessel is scheduled to leave Colombo on Dec. 28. Regular Indian and Chinese ship visits underscore the continuing tussle between the two giants of Asia because of Sri Lanka’s failure to state its independent and non-aligned position vis-a-vis two nuclear powers and, for that matter, all powers. This had been the unequivocal policy of Sri Lanka, prior to 1977.

With regard to ship visits, the issue at hand is what to do with the one-year moratorium imposed on January 1, 2024, on foreign research vessels entering Sri Lankan waters. The National People’s Power (NPP) government, struggling to balance relations with China and India, has declared that a committee would decide on what Foreign Minister Vijitha Herath called a national policy framework regarding visits by foreign research vessels.

China tested Sri Lanka’s ban by sending Xiang Yang Hong 3 early this year. The Wickremesinghe-Rajapaksa government had no option but to deny it entry into the country’s exclusive economic zone much to the disappointment and anger of China.

In August 2022, the Yuan Wang 5 arrived at the Hambantota port. Shi Yan 6 docked at Colombo port in late Oct. 2023. On both occasions, New Delhi protested. The US sided with India.

During President Dissanayake’s visit, India took up the contentious issue of Chinese research vessels targeting India. Indian officials do not mince their words when they refer to Chinese research vessels as spy ships. However, we intend to pay attention to seabed mining and Sri Lanka’s claim for the delimitation of the Outer Continental Margin – two issues that required a consensual approach on the part of Sri Lanka. Unfortunately, irresponsible and reckless political parties here seemed to be blind to the challenges ahead.

President Dissanayake referred to one of the issues when he addressed the media, along with Premier Narendra Modi on Dec. 16, following delegation-level talks and restricted talks between the two leaders.

A statement issued by the Presidential Secretariat quoted Dissanayake as having said that he requested Prime Minister Modi’s intervention in convening early bilateral technical discussions pertaining to Sri Lanka’s claim to the United Nations Commission on the Limits of the Continental Shelf (UNCLCS) for the establishment of the outer limits of the continental shelf beyond Sri Lanka’s Exclusive Economic Zone.

Defence cooperation

An examination of the latest Indo-Lanka joint statement, and statements made by Premier Modi and President Dissanayake at the media briefing, press briefing given by Foreign Secretary Vikram Misri, and the earlier joint statement issued following the then President Ranil Wickremesinghe’s state visit to New Delhi, in late July 2023, revealed the expansion of the scope of the bilateral relations.

Defence seems to have received New Delhi’s attention in line with its overall strategy pertaining to Sri Lanka. While the joint statement declared that the two countries would explore the possibility of concluding a framework Agreement on Defence Cooperation, Premier Modi declared: President Dissanayaka and I are in full agreement that our security interests are interconnected. We have decided to quickly finalise the Security Cooperation Agreement. We have also agreed to cooperate on Hydrography.

One needs to go through the section under the sub headline ‘Strategic & Defence Cooperation’ to understand the status of the developing situation.

The Island sought the views of retired Navy Chief of Staff and one-time SLN’s Chief of Hydrographer and Joint Chief Hydrographer to the Government of Sri Lanka, Y.N. Jayarathna, regarding the latest developments.

How do you view the challenges faced by our country?

Challenges faced by Sri Lanka in dealing with India are at an all-time high, I must say. We have lived with India for 2500 years and we will continue to live with India for the next 2500 years for sure. And my opinion is that, if we need to understand one country more exclusively, it is India. Our problem has been our political masters, who, for their survival in the political jungle, have played the India card for their political survival. As long as we have this attitude among our political masters there will always be friction, but, mind you, Sri Lanka is all that India has in the neighbourhood. So this is a case of managing each other’s national interests in such a way not to create friction between us. Wisdom, Knowledge and definitely a wider 360-degree bird-eye view on matters maritime are, I would say the three most important pillars in today’s context.

Asked to explain proposed seabed mining and President Dissanayake’s request for Premier Modi’s intervention, the retired officer said that seabed mining and Sri Lanka’s claim for the delimitation of the Outer Continental Margin were two different processes interlinked to one document; the UNCLOS (United Nations Convention on the Law of the Sea). The UNCLOS created the International Seabed Authority (ISA) and the Commission on the Limit of Continental Shelf (CLCS) to look after two different aspects of the seabed; one to regulate the mining of seabed resources and the other to regulate the demarcation limits of the seabed ownership, the expert said.

“Let me first address the seabed mining as India has requested for the licensing of the seabed mining of Afnesy Nikitin seamount, after paying the due fees as indicated in the ISA webpages, the process started. However, when the ISA observed that the claimed area is under Sri Lanka’s claim made in 2009, they stopped the process till the claim is processed at CLCS. Therefore, it will stand as it is.

Then let me focus on the CLCS process for Sri Lanka’s claim: Sri Lanka was the 43rd State to submit, in March 2009, and our claim entirely based on a provision in UNCLOS called the Statement of Understanding (SoU). Under this SoU, the limitations applicable in constraining Coastal States to limit their claims at 350 Nautical Miles as per Article 76 of UNCLOS, is not applicable. That is the basis of including the SoU in the UNCLOS by Sri Lanka’s drafters at that time in the early 80’s. This is introduced to address the inequity of the States who are going to get deprived of claiming the seabed beyond their EEZ. Now the Continental Margin claims are for seabed only as it is not granting any rights on the water column!

India made their claim also in 2009 under Article 76 of UNCLOS, keeping rights to submit another at a later date. They are making their second claim submission on SoU. Sri Lanka also reserved the right to submit the second submission, and it is entirely under Article 76 of UNCLOS.

Meanwhile, the consultations Sri Lanka was having with CLCS, since 2009, has run into an issue as some of the members of CLCS are thinking that limitations of 350 nautical miles as per Article 76 UNCLOS should apply for SoU, too. We are engaging the CLCS for that and it will take some more years to decide as UNCLOS procedures are purely technical.

Although our media and even most of our opinion makers think that India issued their Oct. 2022 Note Verbal in relation to their Seabed mining they requested for Jan. 2024, I see it differently. In 2022 India ensured that they could go for SoU without limiting distances of 350 nautical miles. If CLCS gives a decision on SoU coming under the 350 nautical miles’ limit, then India stands to lose. So, it is up to both India and Sri Lanka to campaign collectively to emphasize the spirit of SoU for the States in the Southern Bay of Bengal.

Jayarathna is of the opinion that India, went for ISA for seabed mining in Afnesy Nikitin seamount in 2024 because they feared China would submit first.

Commenting on the proposed Security Cooperation Agreement, the naval veteran said that such agreements were required but we need not accept the Indian draft. “Let’s draft it ourselves. We should not be making another Taiwan here for India. And whether India is an opportunity or opposition, it is for us to decide. India will be going the way she wants, and we need to be wiser enough to make use of it.”

Admiral RW irked

Former Navy Commander Ravindra Chandrasiri Wijegunaratne, however, bluntly asserted that India brazenly exploited the situation to its advantage. Wijegunaratne, who had served as Sri Lanka’s High Commissioner in Islamabad during Ranil Wickremesinghe’s tenure as the President, emphasized the responsibility on the part of the political leadership here to protect the country’s interests, regardless of pressure exerted by India and perhaps other interested parties in this regard.

The outspoken retired officer said that in the face of the country experiencing such unwarranted turmoil extra efforts had to be made to ensure that national interests were protected. Pointing out that the joint statement hadn’t referred to the issue raised by President Dissanayake with regard to Sri Lanka’s claim to the United Nations Commission on the Limits of the Continental Shelf (UNCLCS) for the establishment of the outer limits of the continental shelf beyond Sri Lanka’s Exclusive Economic Zone, the ex-SLN Chief emphasized that it should receive priority along with proposed seabed mining.

Admiral Wijegunaratne commended efforts made by Rear Admiral Jayarathna to educate the people by sharing his knowledge on this issue. Responding to the proposed Security Cooperation Agreement, Wijegunaratne stressed the need to examine such an agreement against the backdrop of overall developments also taking into consideration the country’s bankruptcy status and 2022 Aragalaya that the caused collapse of the elected government and change of power through other means.

Wijegunaratne didn’t hide his concerns over the rapid developments taking place, particularly in the maritime field. The reference to hydrography in the joint statement should be examined keeping in mind the absence of any mention of matters related to United Nations Convention on the Law of the Sea, the ex-Navy Chief said, urging the powers that be to be mindful of maritime matters. “Do we pay sufficient attention to developments taking place around us as powerful countries jostle to secure critical minerals,” Wijegunarathna said.

Referring to increasing competition among major global powers, Wijegunaratne said China, Russia and India were vying with each other to reach the huge deposits of mineral resources – cobalt, nickel, copper, manganese – that lie thousands of meters below the surface of oceans. These minerals are used to produce renewable energy such as solar and wind power, electric vehicles and battery technology needed to battle against climate change.

Wijegunaratne questioned the rationale in India disputing Sri Lanka’s claim to our Outer Limits of Continental Shelf Margin. Alleging that the Indian move is very unethical, the retired officer asked how they could object to our claims South of Sri Lanka. Claiming that India was going to start mining in the disputed area, Wijegunaratne said that Sri Lanka sought consensus with India regarding ratification of our claims with the UN Law of the Sea Conference. “Then we can work out modalities for deep sea mining with an agreement on sharing income.”

Political parties represented in Parliament should seek consensus among them regarding the country’s foreign policy. The NPP government seems on the track laid down by former President Wickremesinghe during his tenure. Having agreed to abide by the Economic Transformation Act that had been endorsed by Parliament during Wickremesinghe’s presidency, the government and the Opposition are expected to follow the IMF agenda.

Soon after returning from India, President Dissanayake announced plans to visit Beijing, a significant economic partner though India definitely played a far more significant role here during the 2022 economic meltdown. The visit is expected to take place in mid-January 2025.

Dissanayake faces the unenviable and daunting challenge of balancing China and India. The situation should be examined in the context of the overall US strategy meant to counter the USD 4 trillion Belt and Road Initiative (BRI) considered China’s largest and most ambitious foreign trade, investment and political project to date. With China positioned at Hambantota and Colombo ports, as well as the adjoining Colombo Port City project, their largest single project here that had been launched in 2014 whatever the consequences bankrupt Sri Lanka is part of BRI formerly called ‘One Belt and One Road’ initiative.

In a way Aragalaya was meant to change Sri Lanka’s direction. Had that really happened, the outcome is not yet very clear.

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Midweek Review

Bethlehem

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By Lynn Ockersz

Very many moons ago,

Hot, sacred tears were shed,

Over what was to someday befall,

The revered city of Jerusalem,

And now the worst has come to pass,

For, it’s riven apart by bitter strife,

And thanks to the ‘Chosen People’,

Who so tragically have forgotten,

That their first duty is towards Peace,

Bethlehem too is overcome by dread,

But hopefully the warring sides,

In the bloodied Mid-East would resolve,

That Bethlehem which saw an epochal birth,

Should be spared the harrowing ordeals,

Of occupation and ethnic cleansing.

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Midweek Review

How Prof. Dewasiri’s FB post brought about Speaker Ranwala’s exit

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By Shamindra Ferdinando

Prof. Nirmal Ranjith Dewasiri was the first to question the National People’s Power government over Speaker ‘Dr.’ Asoka Sapumal Ranwala regarding his academic qualifications.

Dewasiri’s shock query caught the NPP by surprise. The academic questioned the government on his social media account on 05 Dec. The Parliament unanimously appointed Ranwala as Speaker of the Tenth Parliament on 21 Nov.

Dewasiri demanded that the government compel Speaker Ranwala to resign in case the parliamentarian deliberately provided false information. If the Speaker declined to do so, appropriate measures should be taken to remove him, Prof. Dewasiri declared, while finding fault with the new entrant for (i) falsely claiming to have a degree and (ii) believe he could hold such an important position regardless of the deceit perpetrated by him.

Prof. Dewasiri emphasized that the second fault was far worse than the first. One-time spokesperson for the Federation of University Teachers Association (FUTA) and advocate of the Yahapalana administration warned the government of far reaching consequences as it was badly exposed.

The government obviously didn’t take Prof. Dewasiri’s social media post seriously. Perhaps the top leadership felt that the issue at hand wouldn’t attract much public attention. However, the Opposition, both in Parliament and outside, launched an all-out attack.

The SJB declared its intention to move a no-confidence motion against the Speaker. In spite of the NPP having an unprecedented 2/3 majority in Parliament, the ruling party feared to face the Opposition move. The NPP could have easily routed the combined Opposition in Parliament, but to defend an obvious wrongdoer would have ruined President Anura Kumara Dissanayake’s (AKD) parliamentary group as they came to power, less than three months ago, promising to correct all the shenanigans that had been going on in the country, under the guise of democracy, since independence.

Beleaguered AKD had no option but to ask Speaker Ranwala to step down. The NPP could have avoided a lot of flak if the party acted immediately after Prof. Dewasiri’s disclosure. If not for the intervention made by the academic and a vociferous critic of wrongs done by the previous regimes, particularly to academics, Ranwala would still have been the Speaker.

The utterly dispirited SJB wouldn’t have inquired into Ranwala’s credentials under any circumstances. Thanks to Prof. Dewasiri, the Opposition received a mega opportunity to question the very basis of the NPP’s presidential and parliamentary election campaigns.

The SJB and new Democratic Front (NDF) had been rejected by the electorate to such an extent, even if they challenged Ranwala over his educational qualifications, the people may have ignored the issue as the rantings of a frustrated Opposition still licking the wounds of their routing at the polls. Prof. Dewasiri’s disclosure obviously delivered a knockout blow to the government.

Ranwala resigned on 13 Dec., just over a week after Prof. Dewasiri’s bombshell revelation. It would be pertinent to mention that just before the announcemnt of the Speaker’s resignation, President AKD told government media bosses that he wouldn’t protect any wrongdoer.

Having asked the electorate to reject unscrupulous political parties that had ruined the country, the NPP couldn’t have risked its political project to save Ranwala, one-time President of the Ceylon Petroleum Common Workers’ Union, until he was sent on compulsory retirement in March 2023 by the then Minister of Power and Energy Kanchana Wijesekera. The Wickremesinghe-Rajapaksa government accused Ranwala of obstructing fuel distribution services.

The NPP couldn’t have been unaware of Ranwala’s bogus claim. If Ranwala deliberately deceived the NPP, he should be dealt with harshly. Perhaps Ranwala should be asked to resign his parliamentary seat forthwith for deceiving the whole country, to pave the way for the NPP to fill that Gampaha District vacancy thereafter. Having vowed to clean up Parliament, the NPP cannot, under any circumstances, protect any wrongdoer.

But, corrupt political parties shouldn’t think for a moment that they can capitalize on the Speaker’s issue. The people rejected the SJB, NDF and SLPP (Sri Lanka Podujana Peramuna) twice this year as they earned the wrath of the people. It would be a grave fault on their part if they believed Ranwala’s ouster could strengthen their campaign against the government.

The NPP should, without delay, set the record straight. The issue is whether Ranwala deceived the NPP with regard to his doctorate, or the party knew all along that their CPC trade unionist didn’t have the academic qualification which he proudly flaunted.

House tricked

Premier Dr. Harini Amarasuriya and Foreign Minister Vijitha Herath, together, accompanied Ranwela to the Speaker’s chair. The Opposition accepted the appointment. The Premier proposed Ranwala, while Minister Herath seconded that proposal.

Premier Amarasuriya, Opposition Leader Sajith Premadasa, and Leader of the Sri Lanka Muslim Congress Rauff Hakeem congratulated National Executive Committee member Ranwala on that occasion.

One-time member of the Biyagama Local government body, Ranwala twice represented the JVP in the Western Provincial Council. According to Parliament website, Ranwala holds a degree in Chemical Engineering from the University of Moratuwa and a doctorate in Biochemistry from Waseda University, Japan.

To make matters worse for the NPP, the Opposition challenged Deputy Speaker Dr. Rizvie Salih’s specialist tag. Salih answered his critics. His FB post explained his nearly 40-year career, with 12 years with the public sector, though he is not a specialist.

The Deputy Speaker told Parliament, on Tuesday, that he is not a specialist and never used the title in his official letterheads, visiting cards and prescriptions. ” I have categorically told that I should not be called a specialist in propaganda material during elections,” he said. In other words, he had found fault with those who handled the propaganda campaign for the NPP

Interested parties also challenged the doctorate of Justice Minister Harshana Nanayakkara, another first time entrant to Parliament.

The controversy over Nanayakkara’s doctorate took an unexpected turn when the Parliament claimed that the doctorate had been inadvertently mentioned by Parliament. Let me reproduce the clarification issued by M. Jayalath Perera, Director Legislative Services / Director Communication (Acting), Parliament: Clarification Regarding the Title of “Dr.” mentioned before the name of the Minister of Justice, Attorney-at-Law, Hon. Harshana Nanayakkara, on the Parliament website.

“I would like to emphasize the following points in relation to reports published in the media regarding the title of ‘’Dr.’’ mentioned before the name of the Minister of Justice and National Integration, Attorney-at-Law, Harshana Nanayakkara, in the directory of Members of Parliament on the Parliament website.

“It is important to note that Hon. Harshana Nanayakkara has not indicated holding a doctoral degree in the information provided to Parliament. The appearance of the title “Dr.” before the Minister’s name was a result of an error in entering the relevant data. Accordingly, steps have been taken to rectify this mistake.

“I express my deepest regret for the inconvenience caused to the Minister of Justice and National Integration, Attorney-at-Law, Hon. Harshana Nanayakkara, in this regard.

“Also, the process of re-checking and updating the information of all Members of Parliament on the Parliament website is currently underway.”

But those who cannot stomach the NPP’s victory ask why didn’t Nanayakkara get that corrected himself if he was not entitled to be called “Dr.”? However, the Justice Minister lodged a complaint with the CID on Monday (16). The investigation can help ascertain whether some interested party conspired to discredit the NPP.

That clarification issued by Parliament meant that Ranwala provided false information to Parliament. According to Jayalath Perera, the parliamentary staff entered the relevant data provided by lawmakers, hence the only mistake on their part pertained to the Justice Minister’s data.

Power Minister Kumara Jayakody, too, lodged a complaint with police seeking an investigation into what he called an organized attempt to discredit him by challenging his academic qualifications. Both Nanayakkara and Jayakody speculated about the possibility of those who had been rejected by the people and their associates and supporters being involved in the high profile campaign.

The NPP cannot afford to disappoint 5.7 mn people who voted for AKD at the presidential election and 6.8 mn at the general election. The NPP increased its voter tally from 5.7 mn to 6.8 mn within a couple of weeks whereas the SJB was reduced to 1.9 mn votes from 4.3 mn at the presidential poll. The NDF was reduced to just 500,000 votes from 2.2mn at the presidential election while the SLPP increased its tally from 340,000 to 350,000. The Opposition is in disarray and in a pathetic situation.

Ranwala’s fiasco has sort of given the Opposition false hopes of a quick comeback. The forthcoming local government polls will show the ground situation. The NPP must keep in mind that in addition to the Ranwala affair, the failure on its part to provide sufficient relief to fuel and electricity consumers as promised has caused much public anger. Having repeatedly alleged that the previous government couldn’t substantially reduce fuel prices as the then Minister Kanchana Wijesekera pocketed the money, and having made those claims against the previous Minister in charge of the subject, the NPP brought down the price of a litre of Octane 92 by just 2 rupees much to the public’s resentment.

The pathetic handling of the rice mafia, too, didn’t do the NPP any good. Throughout the polls campaigns, the NPP repeatedly assured that the rice mafia would be appropriately dealt with and prices brought down and stabilized. The NPP also promised that rice wouldn’t be imported at all though imports would meet the tourist sector requirement. That much touted promise, too, was broken. However, the electorate, the writer is certain, doesn’t see any point in once again pinning their hopes on the utterly corrupt and dishonest lot rejected at the presidential and parliamentary polls.

Why Parliament shouldn’t defend wrongdoers

During the general election campaign, AKD explained why Parliament shouldn’t protect wrongdoers. The President said that the Yahapalana Parliament (2015-2019), during Karu Jayasuriya’s tenure as the Speaker, defeated a no-confidence motion moved against Ravi Karunanayake over the Treasury bond scams, especially after he told the Presidential Commission of Inquiry that probed it, he could not remember the person who gave him a luxury penthouse at Kollupitiya. Then in 2023 the Wickremesinghe-Rajapaksa government defended Keheliya Rambukwella when a no-faith motion was moved against him over corruption in the health sector procurement, the President said.

Having said so, AKD couldn’t have defended Ranwala in case the SJB handed over a no-confidence motion against him. In fact, the NPP has created an environment that may prevent those exercising political power from coming to the rescue of wrongdoers under any circumstances.

During Ranwala’s very short stint as the Speaker, he had the opportunity to receive several foreign dignitaries. Press releases issued by Parliament following those meetings referred to Ranwala as Dr. Ranwala.

South Korean Ambassador Miyon Lee paid a courtesy call on Speaker Ranwala on 04 Dec. at the Parliament complex. Secretary General of the Parliament Mrs. Kushani Rohanadeera, was also present on the occasion. This happened the day before Prof. Dewasiri exposed the NPP parliamentarian.

Ranwala, not aware of what was coming, addressed the newly elected members on 25 Nov., in Parliament, where he emphasized the responsibility on the part of newcomers (he, too, was a newcomer struggling to handle responsibilities for want of parliamentary experience) to familiarize with parliamentary procedures. Speaker Ranwala said that public expectations couldn’t be met unless they learnt about parliamentary procedures. Ranwala was addressing the inaugural session of the orientation programme for lawmakers.

The Parliament website quoted Speaker Ranwala as having emphasized the importance of organizing such workshops, noting that a thorough understanding of parliamentary traditions, constitutional frameworks, standing orders, and related parliamentary procedures is crucial for serving the people through the diverse debates conducted within Parliament.

Chinese Ambassador in Colombo Ambassador Qi Zhenhong was the first envoy to pay a courtesy call on Ranwala at the Parliament. The Chinese Ambassador conveyed the greetings of the Chairman of the Standing Committee of the National People’s Congress of the People’s Republic of China (Speaker of the Parliament of the People’s Republic of China) Zhao Leji, to the newly elected Speaker of the Tenth Parliament during the meeting.

The Chinese envoy was followed by Indian High Commissioner Santosh Jha. Jha paid a courtesy call on the Speaker on 28 Nov. at the Parliament.

The United Nations Resident Coordinator in Sri Lanka, Marc-André Franche, met Speaker Ranwala on 04 Dec.

In the wake of Prof. Dewasiri’s shocking disclosure, Speaker Ranwala received a high-level US delegation led by Assistant Secretary of State for the Bureau of South and Central Asian Affairs Donald Lu. The meeting took place on 06 Dec.

The delegation included Ms. Anjali Kaur, Deputy Assistant Administrator of the Bureau for Asia at USAID, and Mr. Robert Kaproth, Deputy Assistant Secretary for Asia at the US Department of the Treasury.

According to a press release issued by Parliament the meeting focused on Sri Lanka’s reform priorities and the critical role of the House in advancing the people’s mandate for accountability, transparency, and inclusive governance.

Ambassador of the United Arab Emirates to Sri Lanka Khaled Nasser AlAmeri was the next to pay a courtesy call on Speaker Ranwala. That meeting took place on 09 Dec. amidst a stepped-up campaign against Speaker Ranwala. The NPP seems to have operated on the premise that the controversy over the Speaker’s credentials would gradually fade away. But, the media pressed the Cabinet spokesperson Dr. Nalinda Jayatissa over the simmering serious issue. That controversy sort of overwhelmed the NPP that worked so hard to portray all other political parties, other than them, as corrupt to the core.

In fact, the NPP had nothing else but to depend on what it called a new clean political culture. Having impressed the electorate with nothing but promises and assurances that it would do the right thing, it couldn’t have a blatant liar as the Speaker.

If not for the political culture that had been introduced by the NPP, in the wake of Aragalaya in 2022, the false declaration made by Ranwala wouldn’t have been an issue at all. The people would have simply accepted it as just another lie. Our inefficient and useless Parliament had been so disgraceful in its conduct and encouraged public resentment that a Speaker’s false claim wouldn’t have caused a public furore.

The NPP’s failed bid to storm Parliament during the final push against President Gotabaya Rajapaksa should be examined taking into consideration the pathetic state of our Parliament. Some of those unscrupulous men who represented Parliament over the past two to three decades brought about the Parliament’s collapse. Instead of taking remedial measures, political parties allowed the deterioration to continue, unabated. Nothing can be as ridiculous as conducting student parliaments all over the provinces. What the Parliament really expected to achieve by promoting student parliaments at a time the very basis of the parliamentary system is under threat due to overall failure of the political party system.

Parliament must take appropriate measures to restore public confidence in the highest institution in the country. Ranwala’s affair proved beyond doubt that the Speaker, who is also the Chairman of the Constitutional Council, could manipulate the system. No one and no political party should be above the law. War-winning Sri Lanka had suffered unbearable losses for want of proper parliamentary control over public finance over the years.

Let us hope the NPP has learnt a hard lesson at the onset of AKD’s five-year term that would help the party to navigate choppy waters. The daunting challenges faced by a bankrupt country should prompt all political parties, represented in Parliament, to reach consensus on Sri Lanka’s response to the deal with the IMF, signed by Ranil Wickremesinghe. The issue the Parliament must grapple with is how to transform the sick national economy to make it possible for us to start repaying foreign debt in 2028 without making most of us absolute paupers, but many Lankans are already in dire straits economically.

The Parliament can begin by making the Supreme Court judgment on the economic crisis that led to Gotabaya Rajapaksa’s removal available to new members of Parliament. Of the 225 MPs, 162 are new entrants. The Supreme Court in Nov. 2023 issued a symbolic ruling that Rajapaksa brothers – including two ex-Presidents – were guilty of triggering the worst financial crisis by mishandling the economy.

In a majority verdict on multiple petitions filed by academics and civil rights activists, a five-judge bench of the Supreme Court ruled that the respondents, who all later resigned or were sacked, had violated public trust. But that verdict should be examined along with massive foreign loans taken by the Yahapalana government during the 2015-2019 period at high interests that contributed massively to the crisis.

Let there be no holds barred examination of the economic crisis and exposure of all responsible, regardless of their status. However, that wouldn’t be a reality unless the legislature fulfils its basic obligations in terms of the Constitution.

Let us also not lose sight of hidden hands, especially from the West who make matters worse through their cloak and dagger operations worldwide as also was put into operation here during Gotabaya Rajapaksa presidency, like even cutting off worker remittances from our banking system thereby we couldn’t even scrape together a few million dollars to clear even a shipment of cooking gas. They have done similar jugglery to so many other countries, even in our neighbourhood, as has been the case already in Bangladesh and Pakistan. Modi should not feel all that smug as we do not know what plots are being hatched against him.

Remember the uncompromising Aragalaya activists who were threatening to die for a system change in the country, but disappeared into thin air no sooner Ranil Wickremesimnghe was installed in the seat of power with the ouster of Gotabaya Rajapaksa by extra parliamentary means.

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