News
Presidential committee critical of response to ‘protest movement’
Security measures alone insufficient to meet toxic combination of economic-political-social crises
By Shamindra Ferdinando
A three-member committee that probed the failure on the part of the then government to quell the May 09 incidents was planning to hand over its report to President Gotabaya Rajapaksa when he was forced to flee the country on 13 July.The committee consisted of Admiral of the Fleet (ret.) Wasantha Karannagoda (Chairman), Marshal of the Air Force (ret.) Roshan Gunatilleke and General (ret.) Daya Ratnayake.
Well informed sources told The Island that the committee had handed over an interim report that dealt with three or four critical points/issues to the then President Rajapaksa.
Sources said that even after the eruption of violent protests at the private residence of President Gotabaya Rajapaksa at Pangiriwatta, Mirihana, on the night of 31 March, the growing threat appeared to have been largely ignored.President Gotabaya Rajapaksa moved to the President’s House in the first week of April.
The Chief of Defence Staff (CDS) Service commanders, the IGP and several officers, at different levels, appeared before the committee at the Office of the Governor of the Western Province, Marshal of Air Force Roshan Gunatilleke. The committee examined the ease with which goons targeted the properties of some ruling party politicians in the aftermath of an attack the supporters of the then Prime Minister Mahinda Rajapaksa carried out on the Galle Face protesters on 09 May.
Karannagoda and Ratnayake served as the Governor of the North Western Province and Secretary to the Trade Ministry, respectively, at the time of the high-profile investigation. The committee questioned the security setup that was overwhelmed by the protest movement.
Sources acknowledged that the rapid developments that threatened the entire government set-up couldn’t have been tackled by security measures alone. The rapidity with which the protest movement grew had made it quite impossible to de-escalate the threat by security measures alone, senior officials involved with the evacuation of the then President said. Sources said that the toxic combination of political- economic-social crisis simply overwhelmed the government.
Just over a week before the July 09 attack on the President’s House, the then President Gotabaya Rajapaksa promoted Army Chief of Staff Maj. Gen. Vikum Liyanage to the rank of Lt. Gen. and appointed him Commander of the Army.Although the government was aware that the protesters were planning to take over the President’s House on 09 July, the police and the armed forces had been ordered to protect the place without shooting.Once the defences at Chatham Street collapsed the military brass asked the President to vacate the President’s House.
Among those present at that time were Defence Secretary General Kamal Gunaratne, who was re-appointed by newly elected President Ranil Wickremesinghe, Air Force Commander Air Marshal Sudarshana Pathirana, Navy Chief Vice Admiral Nishantha Ulugutenna, IGP C.D. Wickremaratne and State Intelligence Service Chief Maj. Gen. Suresh Sally.
CDS General Shavendra Silva was in Kochi, India, to attend the 6th Deputy National Security Advisor Level Meeting of the Colombo Security Conclave. Having led the government delegation at the Kochin conference (July 6-9), by the time Gen. Silva returned around 12. 20 pm 09 July, the President and first lady Iyoma Rajapaksa had been moved to the nearby Navy base where preparations were underway for them to board SLNS Gajabahu.
What really saved the day was their ability to take a route from the President’s House without attracting the attention of the protesters. Contrary to reports, the first couple had been under naval protection on the ground for some time before they boarded SLNS Gajabahu formerly of the US Coast Guard. Sri Lanka commissioned the High Endurance Cutter in June, 2019, at an event attended by the then President Maithripala Sirisena and US Ambassador Teplitz.
The Navy headquarters politely declined to disclose the time the vessel departed the Colombo port or arrived at the Trincomalee harbour. However, sources said that the vessel docked at around 10 am on July 10 in Trincomalee, where the first couple stayed the night. On the following day, the first couple flew to Katunayake air base from Trincomalee via Ratmalana.
The security forces top brass had discussed rapidly changing developments with the President at the Katunayake air base before the CDS flanked by service commanders appealed for calm at a hastily arranged media briefing.In spite of the President personally requesting Sri Lankan Airlines Chairman Asoka Pathirage to make arrangements for him, his wife and bodyguards to leave on a SriLankan flight, the Rajapaksa appointee has explained his inability to assist. They hadn’t been able to secure seats on the Etihad flight and finally flew on AN 32, one of the precious transport aircraft belonging to the SLAF.Sources asserted that had there been a proper and realistic assessment of the public resentment towards the powers that be the President wouldn’t have stayed at the President’s House till almost noon on July 09.
News
INS Airavat makes port call in Colombo
The Indian Naval Ship (INS) Airavat arrived at the Port of Colombo for Operational Turnaround on 01 Jun 26. The visiting ship was welcomed by the Sri Lanka Navy (SLN) in compliance with time-noured naval traditions.
INS Airavat is a Landing Ship Tank, commanded by Commander IP Patil.
During their stay in the island, the ship’s crew is scheduled to take part in a series of professionally enriching events and camaraderie-building programmes organised by the Sri Lanka Navy.
The Indian naval personnel will also tour several historic and prominent tourist attractions across the country before the ship concludes her deployment.
News
BASL asks govt. to abandon plan to raise retirement ages of CA and SC judges
… tells Prez such arbitrary change neither necessary nor desirable
The Bar Association of Sri Lanka (BASL) has urged President Anura Kumara Dissanayake to abandon the controversial plan to increase the retirement age of the judiciary, including the Court of Appeal and the Supreme Court.
In a statement issued by the BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva, the BASL pointed out that the proposed increase of the retirement age of the judiciary would undermine the independence, integrity, dignity, and public confidence in the Judiciary, which is essential for the maintenance of the Rule of Law and democratic governance in Sri Lanka.
The text of the BASL statement: “The Bar Association of Sri Lanka (hereinafter referred to as “BASL”) notes with grave concern reports in the public domain that the Government is considering the introduction of an amendment to the Constitution to increase the age of retirement of Judges of the Court of Appeal and the Supreme Court.
It is the considered view of the BASL that the age of retirement of the judges of the Court of Appeal and the Supreme Court which has stood at 63 years and 65 years respectively from the promulgation of the 1978 Constitution, should not be changed arbitrarily and that such a change is neither necessary nor desirable.
To do so will result in the loss of public confidence in the integrity of the legal system and of the Government’s commitment to preserve and protect the rule of law and the independence of the judiciary. Members of the public are likely to question the motives of the Government in bringing in a Constitutional amendment solely for this purpose.
Your Excellency is no doubt aware that the cadre of the Judges of the Court of Appeal was increased from 12 to 20 Judges (including the President of the Court of Appeal) and that of the Supreme Court from 11 to 17 Judges (including the Chief Justice) by the 20th Amendment to the constitution certified on 29th of October 2020. With such enhancement, workwise, there cannot be a real requirement to extend the retirement ages of these judges.
Your Excellency is aware that altering the retirement age of judges of the apex courts would have to be done through a Constitutional amendment. For many years Sri Lanka’s Constitution has been subject to ad hoc amendments, sometimes in order to cater to the political needs of the government in power and often contrary to the interests of the rule of law, the independence of the judiciary and the judiciary.
Extending the retirement age of the sitting Judges of these Courts at this point of time is likely to be viewed by the public as a blatant attempt to interfere with the judiciary. We believe that to go ahead with such an ad hoc move will also be an affront to the Honourable Judges of those courts.
If the Government goes ahead with such a move it will set a dangerous precedent for future Governments too to introduce ad hoc amendments to the Constitution in respect of the functions of the Judiciary.
The independence of the Judiciary and the public confidence reposed in it, are indispensable pillars of the Rule of Law and the democratic framework of our Republic. In that regard, it is of paramount importance that the Judiciary must not only remain independent in fact, but must also be seen by the public to be wholly independent, impartial, and free from even the slightest perception of influence, favour, accommodation, or impropriety.
The Bar Association of Sri Lanka is therefore constrained, in the discharge of its duty to uphold and safeguard the Rule of Law and the independence of the Judiciary, to respectfully express its serious concern regarding any such proposed amendment, which is neither in the interests of the Judiciary and nor of the people.
In the circumstances, the BASL respectfully urges Your Excellency not to proceed with any proposed constitutional amendment seeking to increase the retirement age of the members of the Judiciary including Judges of the Court of Appeal and the Supreme Court.
We remain confident that Your Excellency will give due consideration to the importance of preserving and protecting the independence, integrity, dignity, and public confidence in the Judiciary, which is essential to the maintenance of the Rule of Law and democratic governance in Sri Lanka.”
Govt. declines to respond
A member of the Cabinet yesterday declined to comment on the BASL’s letter to President Anura Kumara Dissanayake. The Minister said that he wouldn’t comment for the time being.
News
New US tariffs proposed on 60 countries, including Sri Lanka
12.5% additional duties on goods imported from Colombo
The US has proposed additional duties of 10% or 12.5% on imports from 60 economies, including Sri Lanka, over their alleged failure to curb trade in goods made with forced labour.
The proposal made by US Trade Representative’s (USTR) office in terms of Section 301 unfair trade practices investigation to be released, news agencies reported, pointing out that the Trump administration was seeking to rebuild its emergency tariffs, which were struck down by a US Supreme Court decision in February.
The USTR said it determined that it would impose 10% duties related to the forced labour investigation on imports from Canada, Ecuador, the European Union, Indonesia, Mexico, Pakistan, Argentina, Bangladesh, Cambodia, El Salvador, Guatemala, Indonesia, Malaysia, Taiwan and Britain.
The trade agency said it would impose additional duties of 12.5% on the remaining 45 countries that were investigated.
“The failure of our most important trading partners to address the importation of goods made with forced labour is unacceptable,” US Trade Representative Jamieson Greer said in a statement. “This creates a dynamic where American workers are forced to compete globally on an unlevel playing field.”
According to the trade agency, the USTR found that Sri Lanka has failed to impose and effectively enforce a forced labour import prohibition.
The USTR noted that the results of its investigation indicate that the acts, policies and practices of Sri Lanka related to the failure to impose and effectively enforce a forced labour import prohibition are unreasonable and burden or restrict US commerce.
Accordingly, it has proposed to impose 12.5% additional duties on goods imported from Sri Lanka.
The USTR said it also was proposing a textile mechanism that would allow for a certain volume of apparel and textile imports to enter the US at a reduced tariff rate, though the duties and volumes were not disclosed.
The announcement comes ahead of the July 24 expiration of a 10% temporary tariff imposed by the Trump administration on February 20, the day the Supreme Court struck down US President Donald Trump’s tariffs under the International Emergency Economic Powers Act.
On Monday, the USTR proposed a 25% duty on many Brazilian goods as a result of a Section 301 investigation into the country’s digital trade practices and preferential tariffs. The trade agency is also expected to soon unveil the findings of another major Section 301 probe into the buildup of excess industrial capacity in 16 trading partners, including China.
In the forced labour findings, the USTR said it would exempt from the tariffs a number of products, including energy, rare earths and certain other metals, beef, coffee, certain fruits and vegetables, pharmaceuticals, organic chemicals and aircraft parts.
The USTR said it would accept public comments on the proposed tariffs and other remedies through July 6, with a public hearing scheduled for July 7.
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