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‘One-Country-One-Law’ PTF will serve no useful purpose – BASL

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The Bar Association of Sri Lanka (BASL) says no useful purpose would be served by the creation and appointment of the Presidential Task Force (PTF) to facilitate the implementation of the “One Law, One Country” concept. The BASL asserts that the proposed PTF would carry out the functions of many institutions established under the Constitution and the law, including Parliament and the Ministry of Justice.

The following is the text of the letter sent by the BASL to President Gotabaya Rajapaksa: “The Bar Association of Sri Lanka notes that Your Excellency has appointed a Presidential Task Force for One Country, One Law, by virtue of the powers vested under Article 33 of the Constitution.

“The proclamation published in the Gazette under the hand of the Secretary to the President states that the appointments are being made focusing on the fact that the administration of justice, its implementation and protection under the law should be fair by all as set out in the Constitution of the Democratic Socialist Republic of Sri Lanka. The proclamation notes that under fundamental rights that no citizen should be discriminated against in the eye of the law or meted out special treatment on grounds of nationality, religion, caste, or any other grounds. It further states that the implementation of the concept; ‘One Country, One Law’ within Sri Lanka is reflected as a methodology of ensuring nationally and internationally recognized humanitarian values and the fact that all citizens are treated alike in the eye of the law should be further ensured.

“The Task Force is required to make a study of the implementation of the concept; ‘One Country, One Law’ within Sri Lanka and to prepare draft legislation for the said purpose and to study the draft legislation that has already been prepared by the Ministry of Justice in relation to this subject and their appropriateness and to submit proposals for any amendments thereto.

“Your Excellency is no doubt aware that the preparation of draft legislation and the study of existing legislation are tasks of a serious nature involving several institutions of the State. Legislative power is one of the aspects of the sovereignty of the people.

“The Constitution itself provides a framework for the legislative process which is supplemented by other laws and by the Standing Orders of Parliament. There already exist within the framework of the Constitution, the law and Standing Orders and adequate mechanisms for this purpose.

“The Sectoral Oversight Committees of Parliament as well as Standing Committees and Select Committees which can be constituted as per the Standing Orders of Parliament, the Law Commission which is an institution established by law are among these mechanisms. In addition, during the last year the Ministry of Justice has appointed several committees to propose reforms to various laws.

“Whilst the Sectoral Oversight Committees are chaired by members of the legislature, the Law Commission is presided over by a senior President’s Counsel. Many of the Committees appointed by the Minister of Justice consist of senior members of the legal profession and of senior academics. Some of these Committees are chaired by Judges of the Superior Courts.

“Apart from these mechanisms, the Attorney General and his Department also play a key role in the law-making process and is recognized by the Constitution. Given that the Department of the Attorney General too plays a key role in this process, questions arise of the role the Task Force will play vis-a-vis the Attorney General and his officers.

“In these circumstances, the appointment of a Task Force to oversee the work of the Ministry of Justice is in view of the BASL improper and outside the accepted framework for lawmaking. Any alienation of what are properly functions of the duly elected legislators and proper legally mandated executive functionaries by relocating their functions elsewhere involves erosion of the Sovereignty of the People.

“The BASL further observes that the Task Force itself is not a representative body, given that it has no female representation nor representation from several ethnic groups and religious groups in the country. Serious doubts also exist as to the qualifications, expertise, and suitability of the Chairperson of the Task Force and of many of its members to engage in the functions described in the Gazette.

“Whilst there is no doubt that the concepts of equality, fairness, non-discrimination, the protection of the law and nationally and internationally recognized humanitarian values are all laudable principles, it is doubtful if the process set out in the Gazette and the creation of the Task Force can make any meaningful contribution in upholding these values.

“What is of utmost importance at present is that the State and the organs of the government including the Executive of which Your Excellency is the head, upholds the rule of law and moves to protect and safeguard the fundamental rights of the people as described in Article 4(d) of the Constitution. In fact, the best way to ensure the objectives set out in the proclamation are by upholding the rule of law and respecting the fundamental rights of the people.

“In the past few months, the BASL which is committed to the Rule of Law has drawn the attention of Your Excellency and to the Government on several instances where the Rule of Law and the Fundamental Rights of the people have been violated. However, the BASL notes with regret that no remedial measures have been taken in this regard.

In the above circumstances the BASL is of the view that no useful purpose would be served by the creation and appointment of the aforesaid Task Force, which in view of the BASL would usurp the functions of many institutions established under the Constitution and the law, including Parliament and the Ministry of Justice.”



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Ambassador of the UAE to Sri Lanka meets with the Prime Minister

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Prime Minister Dr. Harini Amarasuriya met with the Ambassador of the United Arab Emirates to Sri Lanka, Khaled Nasser Al Ameri, on 01 October at Temple Trees.
At the outset, the Prime Minister welcomed the Ambassador and expressed her appreciation for the support extended by the Government of the United Arab Emirates to Sri Lanka following Cyclone Ditwah.
During the meeting, the Ambassador conveyed an invitation from the Government of the United Arab Emirates to Prime Minister Dr. Harini Amarasuriya to participate in the UN Water Conference scheduled to be held in the UAE in December. Both sides discussed challenges related to water management and water security, emphasising the importance of developing sustainable and long-term solutions to address water-related issues. Attention was also drawn to the importance of skilled labour migration, with a focus on strengthening opportunities for Sri Lankan skilled workers in international employment markets. The UAE expressed its interest in supporting Sri Lanka’s vocational and technical education sector, while also exploring opportunities for cooperation in agricultural technology and related fields. The Ambassador further highlighted the interest of UAE investors in Sri Lanka’s port and aviation sectors. He noted the potential for Sri Lanka to develop into a regional aviation maintenance hub, creating new opportunities for investment and skills development. The discussions also focused on further strengthening and expanding bilateral relations and cooperation between Sri Lanka and the United Arab Emirates.
The meeting was attended by Pradeep Saputhanthri, Secretary to the Prime Minister; Ms. Sagarika Bogahawatta, Additional Secretary to the Prime Minister; and officials from the Ministries of Foreign Affairs, Foreign Employment and Tourism. Prime Minister’s Media Division

[Prime Minister’s Media Division]

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Prime Minister joins Gandhi Jayanti Commemoration

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Prime Minister Dr. Harini Amarasuriya attended the Gandhi Jayanti commemoration held at Temple Trees on October 2nd to mark the 157th birth anniversary of Mahatma Gandhi, the pioneer of non-violence.
The commemoration was held under the patronage of the Prime Minister and the High Commissioner of India to Sri Lanka,  Santosh Jha. During the event, the Prime Minister and the Indian High Commissioner paid floral tributes to the statue of Mahatma Gandhi. The ceremony was organized to recall the message of peace, non-violence, and harmony that Mahatma Gandhi bestowed upon the world through his life and philosophy.
The High Commissioner of India to Sri Lanka,  Santosh Jha, Secretary to the Prime Minister, Pradeep Saputhanthri, along with state officials and officers from the Indian High Commission, were present at the occasion. Prime Minister’s Media Division

[Prime Minister’s Media Division]

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Unions resist tripartite EPF management plan

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… warn of dire consequences

A group of trade unions and civil society groups has requested President Anura Kumara Dissanayake to abandon his government’s controversial plan for the proposed tripartite management of the EPF.

The group has told the President: “We strongly object to the government’s plan to transfer the EPF to a tripartite board—jointly promoted by the Employers’ Federation of Ceylon (EFC), International Monetary Fund (IMF) and the International Labour Organisation (ILO)—and to increase the investments of those funds within private equity and debt markets.

“While the EFC and the government jointly project this plan as a ‘modern governance framework’, it poses a serious threat to the EPF’s financial stability, fiduciary conduct, and returns to workers’ life savings, with severe consequences for broader macroeconomic stability. Rather than replacing the corruption existing in the public sector, this tripartite framework paves the way for a corporate takeover of the EPF. Through this, the fund is exposed to unlawful business practices such as insider trading using internal information of EPF investments, conflicts of interest and corporate bailouts of unstable private companies.

“Sri Lanka’s corporate sector has a tremendously negative track record, which you alluded to during your victorious election campaign in 2024. This was recently unravelled by the multi-billion-dollar illicit capital flight through trade misinvoicing, which your administration is now actively working to curb in the imports sector.

“The recent banking sector fraud exceeds Rs. 13 billion; widespread corporate tax evasion destabilised the fiscal position (Sri Lanka Auditor General’s Department Annual Reports) and consequently inflated the tax burden on the general public. The EFC has found it convenient to remain silent about these crimes, possibly assuming that their silence would preserve their social standing. Considering this inherent corruption within Sri Lanka’s corporate sector and its disregard to the living standards of the general public, there is no realistic basis to integrate corporate interests to actively manage the EPF. The corporate sector of Sri Lanka has not developed sufficiently on technical and ethical grounds to safely entrust the largest retirement savings pool in the country. The EPF is a captive fund that has no mechanism for the owners to divest if the management is corrupt. This further increases the possibility of corporate fraud when the management of the fund is jointly held with the corporate sector.

“Furthermore, during the recent public discussion with trade unions, Deputy Minister of Finance Dr. Anila Jayantha pointed out that the domestic debt restructuring (DDR) would inflict a loss of Rs. 600 billion to the EPF. Our independent calculations—formally submitted as an affidavit to the Supreme Court approved by the Federation of University Teachers’ Associations in 2024—reveal that nominal loss alone is Rs. 634.4 billion. When factoring in foreclosed reinvestment returns, the true loss skyrockets to Rs. 1,711 billion, wiping out 48% of the fund’s projected gross income for the 2023 – 2028 period. Under the pretext of safeguarding the banking system, this colossal robbery preserved high yields on government bonds held by commercial banks and high-net-worth individuals, subsequently reaping them astronomical profits. Now, the exact same plunder is rearing its head again disguised as a tripartite committee.”

“The main arguments supporting our resistance and viable alternatives for optimising EPF management directly under the Central Bank of Sri Lanka (CBSL), are outlined below.

“Objections to the government’s tripartite proposal:

1. The “International best practice and conflict of interest fallacies”

The government holds that tripartite management of pension funds is the “international best practice” and that there is a “conflict of interest” in CBSL managing the EPF. They are key pillars justifying government’s tripartite proposal.

These two positions are shockingly misleading given that four of the five largest pension funds in the world, in Norway, Japan, the U.S., and Singapore, are managed directly by state bodies or central banks. Therefore, ‘international best practice’ in pension fund management is the exact opposite of what the government and the IMF are proposing. We hence reject these baseless positions.

2. Corporate captivity and bailouts

It is clear that the EFC is desperately pushing for this proposal at a time of global uncertainty, to cushion the effects of the crisis and maximise gains. Under corporate influence within the proposed tripartite board, the private conglomerates can use the multi-trillion-rupee EPF to continue their unstable commercial operations without having to risk their own capital or savings to do so. This will severely erode the financial stability of the EPF and its returns.

3. Risk of front running

“Because the EPF is a colossal fund, its investment decisions can alter asset prices. This creates immense monetary value for the information generated by its investment decisions. Corporate representatives on the proposed tripartite board will be perfectly positioned to use this information to trade ahead of the EPF (front-running), buying assets cheaply and dumping them onto the EPF at inflated prices for guaranteed corporate gain, resulting in a reduction of returns to the EPF.

4. Unavoidable loopholes

“Presence of a separate group of investment analysts, trade union representatives and government officials within the proposed tripartite structure cannot prevent pre-market corporate access to EPF’s investment decisions. Investment proposals made by the analysts has to be first approved by the proposed tripartite committee, making it impossible to prevent corporate access to insider information on EPF investments.”

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