by Dr Jayampathy Wickramaratne,PC
The Colombo Port Economic Commission Bill was presented in Parliament on 08 April 2021, while the country was getting ready to celebrate the traditional New Year. With the intervening weekend and public holidays, citizens had just two working days to retain lawyers, many of whom were on vacation, and file applications challenging the constitutionality of the Bill in the Supreme Court within the one-week period stipulated in the Constitution. One wonders whether the timing was deliberate.
Special economic zones are common. They are created mainly to attract foreign investments. In return, investors are offered various concessions so that their products are competitive in the global market. Several negative effects of such zones have also been highlighted. The sole purpose of this article, however, is a discussion on the constitutionality of the Bill.
The Bill seeks to establish a high-powered Commission entrusted with the administration, regulation and control of all matters connected with businesses and other operations in and from the Colombo Port City. It may lease land situated in the Colombo Port City area and even transfer freehold ownership of condominium parcels. It operates as a Single Window Investment Facilitator for proposed investments into the Port City. It would exercise the powers and functions of any applicable regulatory authority under any written law and obtain the concurrence of the relevant regulatory authority, which shall, as a matter of priority, provide such concurrence to the Commission. The discretion and powers of such other authorities under the various laws shall thus stand removed.
The Commission consists of five members who need not be Sri Lankan citizens, quite unlike the Urban Development Authority, the Board of Management of which must comprise Sri Lankan citizens only. One issue that arises is that the vesting of such powers upon persons with loyalties to other countries, especially superpowers, would undermine the free, sovereign, and independent status of Sri Lanka guaranteed by Article 1 of our Constitution. It would also impinge on the sovereignty of the People of Sri Lanka guaranteed by Article 3 read with Article 4.
The removal of the discretionary powers of the various regulatory authorities is arbitrary and violative of the right to equal protection of the law guaranteed by Article 12 (1).
Under Clause 25, only persons authorized by the Commission can engage in business in the Port City. Clause 27 requires that all investments be in foreign currency only. What is worse is that even foreign currency deposited in an account in a Sri Lankan bank cannot be used for investment. Thus, Sri Lankans cannot invest in the Port City using Sri Lankan rupees; neither can they use foreign currency that they legally have in Sri Lanka. The above provisions are clearly arbitrary and discriminatory of Sri Lankans and violate equality and non-discrimination guaranteed by Article 12. They also violate the fundamental right to engage in business guaranteed by Article 14 (1) (g).
Under clause 35, any person, whether a resident or a non-resident, may be employed within the Port City and such employee shall be remunerated in a designated foreign currency, other than in Sri Lanka rupees. Such employment income shall be exempt from income tax. Clause 36 provides that Sri Lankan rupees accepted within the Port City can be converted to foreign currency. Under clause 40, Sri Lankans may pay for goods, services, and facilities in Sri Lankan rupees but would be required to pay a levy for goods taken out of the Port City, as if s/he were returning from another country! The mere repetition of phrases such as ‘in the interests of the national economy’ throughout the Bill like a ‘mantra’ does not bring such restrictions within permissible restrictions set out in Article 15.
Clause 62 requires that all disputes involving the Commission be resolved through arbitration. The jurisdiction of Sri Lankan courts is thus ousted.
In any legal proceedings instituted on civil and commercial matters, where the cause of action has arisen within the Port City or in relation to any business carried on in or from the Port City, Clause 63 requires Sri Lankan courts to give such cases priority and hear them speedily on a day-to-day basis to ensure their expeditious disposal.
The inability of an Attorney-at-Law to appear before the court even for personal reasons, such as sickness, shall not be a ground for postponement. These provisions are arbitrary and violate Article 12.
Clause 73 provides that several Sri Lankan laws listed in Schedule III would have no application within the Port City. Such laws include the Urban Development Authority Act, Municipal Councils Ordinance, and the Town and Country Planning Ordinance. Under Clauses 52 and 53, exemptions may be granted by the Commission from several laws of Sri Lanka, including the Inland Revenue Act, Betting and Gaming Levy Act, Foreign Exchange Act, and the Customs Ordinance.
The Commission being empowered to grant exemptions from Sri Lankan laws undermines the legislative power of the People and of Parliament and violates Articles 3 and Article 4 (c) of the Constitution.
Several matters dealt with by the Bill come under the Provincial Councils List. They include local government, physical planning, and betting and gaming. Article 154G (3) requires that such a Bill be referred to Provincial Councils for their views. As Provincial Councils are not currently constituted, passage by a two-thirds majority will be necessary in the absence of the consent of the Provincial Councils.
The exclusion of the Municipal Councils Ordinance from the Port City area is not possible under the Constitution. When the Greater Colombo Economic Commission was sought to be established in 1978 under the 1972 Constitution, a similar exclusion was held by the Constitutional Court not to be arbitrary. Since then, under the Thirteenth Amendment under the 1978 Constitution, local government has been given constitutional recognition and included under the Provincial Council List. Under the present constitutional provisions, therefore, the Port City cannot be excluded from laws on local government.
The writer submits that in the above circumstances, the Colombo Port Economic Commission Bill requires to be passed by a two-thirds majority in Parliament and approved by the People at a Referendum. Quite apart from the constitutional issues that arise, such an important piece of proposed legislation needs to be widely discussed. It is best that the Bill is referred to a Parliamentary Committee before which the public, as well as citizens’ organizations and experts in the related fields, could make their submissions.
Ramazan spirit endures amid pandemic
This will be a sombre Ramazan, indeed, with the country under a lockdown. But the spirit of Ramazan lives on in all Muslims. Ramadan, also referred to as Ramazan, Ramzan, or Ramadhan, in some countries, is the ninth month of the Islamic calendar, and Muslims the world over dedicate this holy month for fasting, prayer, reflection and community.
Although most non-Muslims associate Ramazan, solely with fasting, it is believed to bring Muslims closer to God and inculcate in them qualities such as patience, spirituality, and humility. Those of the Islamic faith believe that fasting redirects one away from worldly activities, cleanses the inner soul and free it from harm. It also teaches self-discipline, self-control, sacrifice, and empathy for those who are less fortunate and encourage actions of generosity and charity. It is a time of self-examination and increased religious devotion.
Ramazan is a commemoration of Prophet Muhammad’s first revelation, and the annual observance of Ramazan is regarded as one of the Five Pillars of Islam. The Five Pillars are basic acts, considered mandatory by Muslims, namely Muslim life, prayer, concern for the needy, self-purification, and the pilgrimage. Prophet Muhammad’s first revelation is believed to have taken place in 610 AD, in a cave called Hira, located near Mecca, where Muhammad was visited by the angel Jibrīl, who revealed to him the beginnings of what would later become the Qur’an. The visitation occurred on Ramazan.
Ramazan lasts from one sighting of the crescent moon to the next and the local religious authority is tasked with announcing the date. The Colombo Grand Mosque announced on Wednesday (12) that Sri Lankan Muslims will celebrate Ramazan on Friday (14). Because the Muslims follow a lunar calendar, the start of Ramazan moves backwards by about 11 days, each year, in the Gregorian calendar. Fasting from dawn to sunset is considered fard (obligatory) for all adult Muslims who are not acutely, or chronically, ill, travelling, elderly, breastfeeding, diabetic, or menstruating.
During this month, Muslims refrain not only from partaking of meals, but also tobacco products, sexual relations, and sinful behaviour, devoting themselves to prayer or salat and recitation of the Quran. The pre-dawn meal is referred to as suhur, and the nightly feast that breaks fast is referred to as iftar. During Ramazan, Muslims wake up well before dawn to eat the pre-dawn meal. This is considered the most important meal, during Ramazan, since it has to sustain one until sunset. This means eating lots of high-protein food and drinking as much water as possible, right up until dawn, after which one cannot eat or drink anything. The day of fasting ends at sunset, the exact minute of which is signalled by the fourth call to prayer, at dusk.
It is believed that spiritual rewards, or thawab, of fasting multiply during Ramazan. Muslims do not Fast on Eid, but Sri Lankan Muslims believe that observing the six days of optional fasting, that follows Eid, multiplies spiritual rewards.
Eid-Ul-Fitr is the Festival of Breaking the Fast, also simply referred to as Eid, and marks the end of the month-long dawn-to-sunset fasting of Ramadan, as well as the return to a more natural disposition of eating, drinking, and marital intimacy. In Sri Lanka, this Festival of Breaking the Fast is also referred to, colloquially, as Ramazan. Eid begins at sunset, on the night of the first sighting of the crescent moon. Muslims hand out money, to the poor and needy, as an obligatory act of charity, before performing the Eid prayer.
Globally, the Eid prayer is generally performed in open areas, like fields, community centres, or mosques in congregation. In Sri Lanka, the prayer is performed annually in Galle Face Green and mosques. The Eid prayer is followed by the sermon and then a supplication asking for Allah’s forgiveness, mercy, peace and blessings for all living beings across the world. The sermon encourages Muslims to engage in the rituals of Eid, such as zakat, almsgiving to other fellow Muslims. After the prayers, Muslims visit relatives, friends, and acquaintances, or hold large communal celebrations.
After prayer, Muslims celebrate Eid, with food being the central theme. Sri Lankans celebrate Ramazan with watalappam, falooda, samosa, gulab jamun and other national and regional dishes. The festivals were said to have initiated in Medina, after the migration of Muhammad from Mecca.
This year, as well as last year, Sri Lankan Muslims will have to forgo the custom of communal prayers, and celebrations, due to the ongoing pandemic, and will have to settle for private prayers and celebrations of Ramazan during this period of curfew. While these preventive measures are in place, during this year’s Ramazan, the principles of this holy month remain the same. Devout Muslims all over the world, will still be honouring this pillar of Islam, albeit from the security of their homes.
Dip Corps Plum Job? I don’t think so!
I was reading an article in the papers the other day saying that the Attorney General (soon to retire) had turned down a “plum job” (interesting and archaic term) by refusing to go as the High commissioner to Canada. In the days when terminology such as “plum job” was used indeed any member of the Diplomatic Corps was considered elite. They usually came from people who had got degrees with a class and preferably a 1st class, and I believe they had to get through a tough civil service exam as well. Before they reached the top post of High Commissioner (if they came from the service) they had to spend many years learning the ropes. A few High Commissioners were appointed from among civil service retirees in other fields and if so, their role was largely ceremonial with the other staff in the embassy handling the actual policy matters.
Ever since the advent of “Kukul Charlie” to Scandinavia as H/C, during the R. Premadasa regime, this worthy actually had a mini chicken farm in the premises of the embassy, and slightly before that the actions of A.C.S. Hameed as the minister of foreign affairs during the J.R.J. regime.The Dip: Co: has degenerated into a mess. Most of the staffers are political appointees and even the progeny of Ministers and MP draw salaries from the embassy, to fund their overseas studies. Everybody seems to be running his or her own little racket to supplement his or her foreign currency incomes. Many of them don’t even come back when their terms are over. The Ambassador’s main role seems to be a taxi driver or to use modern terminology Uber driver for vising VIP’s and their assorted relatives.
Is it a wonder that the incumbent Attorney General chose to decline an offer of this sort? An offer that would have consigned him to oblivion (as seems to be what happens to all able-bodied, intelligent, and capable people in the Pearl) and to top it off, dealing with the freezing conditions of the Canadian winter. This is a blatant attempt to sideline a capable professional who is perceived as a threat to the government as he seems a bit of a maverick and his penchant to toe the line cannot be guaranteed. Now, instead of appreciating constructive criticism and the actions of a professional guided by his knowledge and ethics, the increasingly military regime wants order followers. Extensions of terms come very easily to those characterless wimps who fill and overflow the ranks of government employees! In this case, a “kick upstairs” seems to be what the powers that be require. I guess the inherent and ever-present guiding light of jealousy among his peers, keeps organisations such as the bar association from protesting these actions? I am sure they will find an excuse all covered in legalize. I fear Mr. Livera will have to carve his own path through the morass of muck that is the Pearl at present.
What demoralises me further is that editors of newspapers and even so-called “journalists” write and publish such articles when they are well aware of the true reasons and facts. Then again, I have read articles quoting government financial “geniuses” saying that printing money will not be detrimental to the economy and even some ministers saying that devaluation of the rupee simply means more money coming in from Middle Eastern remittances and a better lifestyle for the beneficiaries! I was even sent a link by a friend to a published article saying Sri Lanka has done a better job than New Zealand to maintain a low Covid death rate. Of course, the link came with the words “Ammata Siri” from a friend of mine!
On the subject of Covid, I am told the predictions for the Pearl based on statistics put out by American Universities, are dire. Now, I know that those ruling the country firmly believe that Sri Lanka is the centre of the universe and anything said by anyone other than themselves is utter rubbish. BUT I see an opportunity here … this is the time to form a “war cabinet” to overcome this catastrophe. Kick out all the idiots who are simply drawing huge salaries, and gadding about in flash new duty-free vehicles. Send them to their electorates and tell them to stay there, travel by bus, mix with the populace, and do their JOBS. Cut their salaries by 75% and use that money to give benefits to those affected by the virus and resultant recession. Form a Cabinet of 20 (maximum) and concentrate on saving our country and her people so that we can live to fight another day.
I have heard rumblings of discontent among the ruling clan. The big cheese is apparently being hampered by the blue cheese (old cheese) and his direct decedents. Be that as it may there certainly are around 70% of those currently in government who can be sent home to their electorates. There are a handful of those in Opposition who may be able to do a good job in these circumstances if included in this war cabinet. There certainly is a foreign minister in waiting, who doesn’t even have a parliamentary seat at present. The current sitting of parliament is said to cost an astronomical figure per sitting. Close it down and have cabinet meetings at Temple trees or TT as is the current local parlance. Another huge saving that can be distributed among those daily paid labourers who have no way to feed their families at present. Use the Parliamentary cooking facilities to make lunch packets for the needy.
There are opportunities even among this present and perceived chaos. All it takes is the will of a strong leader who is prepared to think outside the box. The current president certainly has the powers, but does he have the will? The country certainly thought he had done when they gave him that massive majority!
Vaccine need and experts vs political power
Manna from the skies and the drop of water to a man dying of thirst is for most now a jab in the upper arm which will hopefully keep at bay the dreaded omnipotent, omnipresent Covid 19 virus. It seems to be getting more virulent especially in poorer countries. But countries with massive daily numbers of those ill with C19 and large numbers dead, are fast returning to near normal e.g. USA. A young man who hibernated for the last fourteen months is away on holiday in the Big Apple – a separate State from his. And take it from Cassandra whose age, experience and potent gut feeling qualify her to judge situations, the improvement is due to President Biden’s leadership against that of Trump. Kudos go to Biden mostly for his selection of experts in relevant fields heading various government departments; selected solely on merit and matching the need; not considering relatives, sycophants, ethnic origin of the selected Americans. And he is totally receptive to expert advice. Judge his Secretary of State – Antony Blinken – a polar difference from big brash Mike Pompeo, in the mould of Trump. See how Dr Antony Fauci speaks now to the American media as shown us by CNN. He is confident; knows he is respected and trusted as Chief Medical Advisor to the President and also Director of the National Institute of Infectious Diseases while with Trump he nearly had his head cut off for making statements about the pandemic contrary to what Trump wanted to hear. In this context why Dr Anil Jasinha was transferred as Secretary, Environmental Ministry, is still a mystery, since we Ordinaries do not believe it was a promotion. He did magnificently well, with the Army Commander and others in minimising the damage of the first C19 wave.
Many in Colombo are due for the second dose of AstraZeneca vaccine. When will it be given? We were lulled to complacency being told some time ago that the second dose was safely stored in time for vaccination three months after the first. Now we find the medical department’s cupboards are as bare as Mother Hubbard’s as regards the A-Z vaccine and there’s begging going on for the WHO to shower enough of this vaccine on poor Siri Lanka. Threatened is a cocktail of merrily mixed AstraZeneca with Sputnik or the Chinese vaccine. We all shout: No thank you!
We do sympathize with the government battered on all sides and reduced to begging. We appreciate what is being done, but go mad when we hear statements like “Development must go on” when development is a speedway to Ratnapura and purchase of helicopters.
Many approve of the move to lockdown regions and Grama Sevaka divisions and now even provinces since locking down the entire country is really too drastic a measure even though it will reduce mass infection.
Wise experts give of their expertise all the time.
The major issue that confronts the government at present is imminently losing the battle of the Covid 19 pandemic. Next, of course, is the mess of the second vaccine for which blame lies on the government. Then the fast-declining economy and solutions thereof, one solution being import of tourists and asylum given to those fleeing India. For this obvious blunder, blame is squarely on offshoots of the government like hoteliers, travel agents and leading the lot, Udayanga W with his Covid barrier-breaking influx of ‘ballooned’ tourists from Ukraine, one of the worst affected countries. The ‘balloons’ burst no sooner they landed in Paradise and were taken traipsing around Resplendent Sri Lanka.
Another disturbing situ inaugurated by the Prez himself is the fertiliser issue – his overnight banning of chemical fertilisers, to save farming community from kidney disease and win laurels as first country to ban such. Misfiring. Tests have shown the use of these fertilisers is not the cause of KDC. More damning: the sudden ban with no substitute organic fertiliser in large quantity will badly affect our primary cash crop and from the next Yala harvest itself our stomachs will rumble with hunger pangs and the poorer will surely starve. Nothing must be done with the sweep of the pen or the gush of words of command.
And here is Cassandra’s bone which she picks with the government. Experts abound in this country of intelligent people. They are not, apparently, consulted before decisions are made. As Prof, Rohan Rajapakse writes in his article Ban on agrochemical: where are we heading? in The Island of 11 May: “Three eminent scientists, namely Dr Parakrama Waidyanatha, Prof O A Ileyperuma and Prof C S Weeraratne have effectively dealt with the repercussions of the ban on chemical fertilizers.” (He gives their credentials in full). Prof Rajapakse goes on in his article to the sphere of pesticides and warns about that too.
No politician or army high-up nor even the Prez knows it all. So experts must be hearkened to, to serve the country and save its people.
Have you noticed as Cass has that the Minister of Sports and Youth is seen at very many meetings and exhibits involvement in fisheries, the environment, even the economy; far extended from his sphere of sports and youth. Latest sighting (Tuesday May 11) was him on TV news inspecting the marvelous hospital constructed in a couple of days by hard working, skilled young men. It will be manned mostly by young girls, nursing Covid 19 patients, at risk to themselves. So, Cass praises this young minister for being so interested in the welfare and well-being of the Ordinaries – we the people of Free Sri Lanka. A sports writer in the gossipy column on the last page of The Island of 12 May, gave him a paragraph, not complimentary like Cass’ paragraph (this). Also, we do not approve at all of exercise equipment being set up in villages. The villager has enough exercise in his farming and his spouse in house and garden work. Such centres, said to be open air, will only attract gawkers in their numbers, and laughter. Of course, someone will make money.
Dire danger of military in power
The youth of Myanmar are demonstrating to the entire world what the consequences are of military men ruling countries. Pro-democracy leader Daw Suu Kyi was given one term of half governing the country as Counsellor; the second time she and her National League for Democracy won a landslide victory. She worked with the army leaders and going along with them – a la the Rohingya – was derided as a Nobel Peace Laureate.
The November 8, 2020 elections gave her Party a bigger majority. Then power was snatched off her and she was held hostage god knows where. (She suffered long years of strict house confinement after her first victory.)
The youth of the country rose up for democracy and for Suu Kyi being released. Listening to excerpts of conversations with two fighters for democracy – male and female – on BBC, Cass was overwhelmed with a fifty-fifty, long lasting spurt of emotion: sorrow and admiration for these young uns. Bless them and may they win the battle for a right of every human being – freedom from oppression and dictatorship. But these kids are being shot at with live bullets and more than fifty (if remembered correctly) are dead. Why-oh-why are base men so greedy for power?
The young of Hong Kong also fought unrelentingly but they were imprisoned and not killed deliberately. Their battle is against the growing power of China where a dictator resembling a military man rules supreme.
A bright spot
In media, whether print or visual, we long for news with optimistic effect to drive away, even temporarily, the doom and gloom that envelops us. Cass had her descending-to-depression spirits uplifted by watching a video clip of the Queen declaring the new Parliamentary sessions ‘open’.
Here was the mid-90s Sovereign walking steadily with her eldest son beside her and reading her speech about what ‘her government’ and ‘her ministers’ would do for the country in a steady voice with steady hands holding the script.
Top on this list was fast recovery from the pandemic followed by environmental, health and educational betterment. She hid signs of emotion that would have battered her because for almost seven decades she came in with her beloved Philip by her side at this ceremony.
Cass took courage from this marvelous woman.
Was six-week delay in using Chinese vaccine deliberate asks State Minister
Ramazan spirit endures amid pandemic
2021 HUAWEI Women Developers Summit: Her Contributions
7-billion-rupee diamond heist; Madush splls the beans before being shot
The Burghers of Ceylon/Sri Lanka- Reminiscences and Anecdotes
Unfit, unprofessional, fat Sri Lankans
Sports5 days ago
Mickey not willing to make exceptions for Malinga
news7 days ago
Ready to allow churches to be used as quarantine centres – NCCSL
news7 days ago
Those who had AstraZeneca first jab, should take Sputnik V with adenovirus 26 – Specialist
Features2 days ago
Save the Last Dance for me
news5 days ago
Genocide Bill against Sri Lanka passed in Canada
Features4 days ago
‘Why are Arts graduates unemployable?’
Sat Mag7 days ago
When a wonderful human being crosses the great divide
Features6 days ago
HIRED & FIRED!