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Resolution #9: Protecting Human Rights & Prosecuting Economic Crimes

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by Rajan Philips

Sri Lanka is facing its ninth Resolution at the current UNHRC session in Geneva. To be clear, it is not the people of Sri Lanka but the government that is being embarrassed in Geneva year after year. It is because the government shows up every year without doing any of the homework it promises to do. Every year, the resolution gets longer – with new paragraphs added to old ones. In this year of Gotabaya disgrace, a new clause has been added concerning the country’s current economic crisis. That has raised plenty of hackles among self-righteous patriots.

There are also plenty of other Sri Lankans, no less patriotic and not just diaspora Tamils, who are welcoming the new resolution and its reference to the economic crisis and its criminal perpetrators. The resolution itself does not include the words, ‘economic crimes,’ but calls upon the government to investigate and even prosecute “corruption by public and former public officials,” and assures that the Commission “stands ready to assist and support independent, impartial, and transparent efforts in this regard.” What is wrong with that? Sri Lanka’s Foreign Minister has a different take.

Addressing the Commission before the 9th Resolution was released, Foreign Minister Ali Sabry took the usual exception to the Acting High Commissioner’s Report for making “extensive reference to economic crimes.” The Minister went on to add that “apart from the ambiguity of the term, it is a matter of concern that such a reference exceeds the mandate of the Office of the United Nations High Commissioner for Human Rights (OHCHR).”

Back home, the Minister has been taken to task by commentators for being oblivious to the fact that in UN lexicon, human rights – all human rights including economic, social and cultural rights – are “indivisible, interrelated, interdependent and mutually reinforcing.” If anyone thinks women’s rights are excluded, Hillary Clinton famously answered it in Beijing nearly 30 years ago, declaring that “women’s rights are human rights and human rights are women’s rights, once and for all.”

Economic Crimes

All rights are one and indivisible, and the violation of each is a crime. Even so, why pick on a small country like Sri Lanka when there is no country in the world where there are no human rights violations or economic crimes. That has been the commonplace grouse among Sri Lankan objectors to what some of them call the “Geneva charade.” But calling it a charade doesn’t solve the problem. You can argue till the cows come home about how and why Sri Lanka got stuck in Geneva, but that will do little to get the country unstuck. It has become an agonizing annual ritual for the country and the yearly escalation in the resolution is a direct result of the government’s inaction during the preceding year.

The Rajapaksa regimes used Geneva as a platform to whip up political support at home. The Ranil (Wickremesinghe)-Mangala (Samaraweera) duo, on the other hand, thought they could find a way out of Geneva simply by co-sponsoring a resolution without any back up action to win public support at home. Both strategies backfired. This year is different. The UNHRC mandarins got an altogether new brief for their drafting of the annual resolution. That brief arose from the vortex of aragalaya protests that quite peacefully ended the presidency of Gotabaya Rajapaksa barely halfway through its elected term.

Minister Sabry can split hairs as much as he wants, but he cannot hide a pumpkin in a plate of rice. Not after aragalaya, and not after the expulsion of Gotabaya Rajapaksa from office. Mr. Sabry cannot deny that there were economic crimes committed by the Gotabaya Government that led to a wholly ‘man made’ economic crisis. Nor can he disagree that the men who made it must be made to answer for their crimes. If he wants UNHRC out of the picture, he should advise his current President to find domestic ways to bring justice to the victims of not only economic crimes, but all crimes committed by the state.

On the external front, the Rajapaksa regimes extended their native cunning methods to play one country against another, not so much for any strategic benefit for the country but for their own nefarious purposes of making money for the family through the machinery of the state. This is the root cause of the country’s over reliance on China for bilateral debt. The Ranil-Mangala duo berated the Rajapaksas for annoying India and alienating the West and played the opposite strategy of wooing the West and India without upsetting China. But the duo was not transparent at home about what they were trying to do abroad and they did not make a concerted effort to persuade a critical mass of the people to get on board with their approach to national reconciliation in general, and the UNHRC in particular.

In the upshot, the resolutions in Geneva kept getting longer, and Sri Lanka’s debt to China kept getting bigger. In Hambantota debt was turned into equity, like water becoming wine, for China. In Port City, again to please China, Ranil Wickremesinghe went back on his election promise to shut the project down, a promise he made without meaning to keep it. When Rajapaksas returned with Gota at the helm, the highway construction robbery resumed in earnest. But a half a billion dollar US (Millennium) grant for road infrastructure was recklessly rejected because there was no room for cuts or commissions. The Colombo Light-Rail project with Japanese funding was stopped by an email from the President’s Secretary to the Transport’s Secretary, with no formal or informal intimation to Japan. Non-organic fertilizers were banned to save foreign exchange while hoping for an organic agricultural miracle. The military President’s select experts had other bright ideas as well. Eliminate taxes to boost the economy and print money to get out of debt. If these are not economic crimes, what are they?

Rude Awakening

The rude awakening came too much, too late, with the tanking of the economy two years after Gota became President and 17 years after the family first took office. Coincidentally, like the 17 year UNP rule earlier. Now, the government suddenly finds itself having to be exceptionally ambidextrous – talking ‘hair cuts’ with the IMF, and splitting hairs at the UNHRC. The kneejerk thinking among patriotic pundits is that the IMF and the UNHRC are in cahoots against Sri Lanka and the Core Group of countries who are navigating the resolution in Geneva are also calling the shots in the IMF in Washington. Udaya Gammanpila is already into speculation that the UNHRC resolution might be tied to economic relief for Sri Lanka, and is baselessly scaremongering by comparing Sri Lanka’s situation to Indonesia and East Timor in 1999. Thankfully, few pay attention to Mr. Gamanpila or the new political outfit – Uttara Lanka Sabhagaya, that he and his former fellow Rajapaksa acolytes have recently launched.

It turns out that the countries that are positively flexible with Sri Lanka on the economic front and debt restructuring are taking a sterner stand over the UNHRC resolution and accountability for human rights and economic crimes. India is charting its own course in Geneva after being the only country to consistently advance forex through weeks and months when Sri Lanka had neither cash nor credit. India is staying clear of the resolution but reading from the old script on devolution and provincial councils. China, on the other hand, is frightfully non-committal on debt write-off or restructuring, but leading the cheers for Sri Lanka in Geneva. Cash or cheers? That should not be the question.

New Unity

There is no need to conflate the debt crisis and Geneva resolutions as some external imposition on Sri Lanka. There is no external conflation, only domestic delusions about it. Even if there is conflation, there is little that any Sri Lankan government can do about. The need is for the government to realize that both are of its own making and that the resolution of both should start with fundamental changes at home. Living with a permanent stalemate in Geneva was possible so long as the economy was limping along. Now with the economy broken, nothing can be fixed until everything is fixed. That is the conflation here – a national necessity for change and not a foreign imposition of burdens.

The President has a busy schedule with far flung funerals – from London to Tokyo. British Prime Minister Harold Wilson once said that a state funeral can be a good working funeral. The Sri Lankan President must surely be having two good working funerals, one after the other. Hopefully, more so in Tokyo where it needs to be all about debt. The country can wait for their results. Between funerals there is nothing much to write home about. There is endless haggling in parliament as to who knows what about the IMF agreement. Nothing is likely to be sorted out until the President is back to normal work after the working funerals. If you did not notice Sri Lanka has no finance minister to answer these questions. It is all with the President and about the President, no matter who is President.

At the same time, there has been a positive development outside parliament with the starting of a new ‘mobile signature campaign’ for repealing the Prevention of Terrorism Act. The campaign that was initiated by the ITAK in Jaffna on September 10 reached Gall Face last week and was joined by signing opposition MPs, Civil Society activists and even retired public servants. Former defence secretary Austin Fernando was reportedly the first person to start off signing in Colombo. ITAK MPs, Sumanthiran and Rasamanickam were joined by Eran Wickramaratne, Mujibur Rahuman, Hirunika Premachandra, Rauff Hakeem and Tissa Attanayake. There were also social activists Pubudu Jagoda, and Dharmasiri Lankapeli, and Trade Unionist Joseph Stalin. Bringing great poignancy to the occasion was Human Rights Lawyer, Hejaaz Hizbullah, who had been long detained under the PTA for no reason by the Rajapaksa regime.

Sumanthiran struck a note of unity between the north and south in the new campaign for the repeal of an old law that first entered the statue books in 1979, introduced as temporary measure for six months. The bill was challenged by TULF activists as fundamental rights case in the Supreme Court, with Colvin R. de Silva as the lead lawyer. Court challenges meant nothing at that time for a government that had a five sixths majority in parliament. The law was kept in force by every succeeding government despite promises to repeal it. Just like the promise to abolish the executive presidency.

All that President Wickremesinghe has to do now is to start fulfilling the unkept promises of his predecessors. One promise at a time. That will speedily shorten the UNHRC resolution from year to year until there is nothing left. He can do most of it in one year. He could start by repealing the PTA and stop arresting political protesters. That would be a positive change after two working funerals.



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The Easter investigation must not become ethno-religious politics

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Zahran and other bombers

Representatives of almost all the main opposition parties were in attendance at the recent book launch by Pivithuru Hela Urumaya leader Udaya Gammanpila. The book written by the PHU leader was his analysis of the Easter bombing of April 2019 that led to the mass killing of 279 persons, caused injuries to more than 500 others and caused panic and shock in the entire country. The Easter bombing was inexplicable for a number of reasons. First, it was perpetrated by suicide bombers who were Sri Lankan Muslims, a community not known for this practice. They targeted Christian churches in particular, which led to the largest number of casualties. The bombing of Sri Lankan Christian churches by Sri Lankan Muslims was also inexplicable in a country that had no history of any serious violence between the two religions.

There were two further inexplicable features of the bombing. The six suicide bombings took place almost simultaneously in different parts of the country. The logistical complexity of this operation exceeded any previously seen in Sri Lanka. Even during the three decade long civil war that pitted the Sri Lankan military against the LTTE, which had earned international notoriety for suicide attacks, Sri Lanka had rarely witnessed such a synchronised operation. The country’s former Attorney General, Dappula de Livera, who investigated the bombing at the time it took place, later stated, upon retirement, that there was a “grand conspiracy” behind the bombings. That phrase has remained central to public debate because it suggested that the visible perpetrators may not have been the only planners behind the attack.

The other inexplicable factor was that intelligence services based in India repeatedly warned their Sri Lankan counterparts that the bombings would take place and even gave specific targets. Later investigations confirmed that warnings were transmitted days before the attacks and repeated again shortly before the explosions, yet they were not acted upon. It was these several inexplicable factors that gave rise to the surmise of a mastermind behind the students and religious fanatics led by the extremist preacher Zahran Hashim from the east of the country, who also blew himself up in the attacks. Even at the time of the bombing there was doubt that such a complex and synchronised operation could have been planned and executed by the motley band who comprised the suicide bombers.

Determined Attempt

The book by PHU leader Gammanpila is a determined attempt to make explicable the inexplicable by marshalling logic and evidence that this complex and synchronised operation was planned and executed by Zahran himself. This is a possible line of argumentation in a democratic society. Competing interpretations of public tragedies are part of political discourse. However, the timing of the intervention makes it politically more significant. The launch of the PHU leader’s book comes at a critical time when the protracted investigation into the Easter bombing appears to be moving forward under the present government.

The performance of the three previous governments at investigating the bombing was desultory at best. The Supreme Court held former President Maithripala Sirisena and several senior officials responsible for failing to act on prior intelligence and ordered compensation to victims. This judicial finding gave legal recognition to what victims had long maintained, that there was a grave dereliction of duty at the highest levels of the state. In recent weeks the investigation has taken a dramatic turn with the arrest and court production of former State Intelligence Service chief Suresh Sallay on allegations linked directly to the attacks. Whether these allegations are ultimately proven or disproven, they indicate that the present phase of the investigation is moving beyond negligence into possible complicity.

This is why the present moment requires political sobriety. There is a danger that the line of political division regarding the investigation into the Easter bombing can take on an ethnic complexion. The insistence that the suicide bombers alone were the planners and executors of the dastardly crime makes the focus invariably one of Muslim extremism, as the suicide bombers were all Muslims. This may unintentionally narrow public attention away from the unanswered questions regarding intelligence failures, possible political manipulation, and the allegations of a broader conspiracy that remain under active investigation. The minority political parties representing ethnic and religious minorities appear to have realised this danger. Their absence from the book launch was politically significant. It suggests an unwillingness to be drawn into a narrative that could once again stigmatise an entire community for the crimes of a handful of extremists and their possible handlers.

Another Tragedy

It would be another tragedy comparable in political consequence to the havoc wreaked by the Easter bombing if moderate mainstream political parties, such as the SJB to which the Leader of the Opposition belongs, were to subscribe to positions merely to score political points against the present government. They need to guard against the promotion of anti-minority sentiment and the fuelling of majority prejudice against ethnic and religious minorities. Indeed, opposition leader Sajith Premadasa in his Easter message said that justice for the victims of the 2019 Sri Lanka Easter Sunday attacks remains a fundamental responsibility of the state and noted that seven years on, both past and present governments have failed to deliver accountability. He added that building a society grounded in trust and peace, uniting all ethnicities, religions and communities, is vital to ensure such tragedies do not occur again.

Sri Lanka’s post war history offers too many examples of how unresolved security crises become vehicles for majoritarian mobilisation. The Easter tragedy itself was followed by waves of anti-Muslim suspicion and violence in some parts of the country. Responsible political leadership should seek to prevent any return to that atmosphere. There are many other legitimate issues on which the moderate and mainstream opposition parties can take the government to task. These include the lack of decisive action against government members accused of corruption, the passing of the entire burden of rising fuel prices on consumers instead of the government sharing the burden, and the failure to hold provincial council elections within the promised timeframe. These are issues that touch the daily lives of citizens and the health of democratic governance. They offer the opposition ample ground on which to build credibility as a government in waiting.

The search for truth and justice over the Easter bombing needs to continue until all those responsible are identified, whether they were direct perpetrators, negligent officials, or political actors who may have exploited the tragedy. This is what the victim families want and the country needs. But this search must not be turned into a partisan and religiously divisive matter such as by claiming that there are more potential suicide bombers lurking in the country who had been followers of Zaharan. If it is, Sri Lanka risks replacing one national tragedy with another. coming together to discredit the ongoing investigations into the Easter bombing of 2019 is an unacceptable use of ethno-religious nationalism to politically challenge the government. The opposition needs to find legitimate issues on which to challenge the government if they are to gain the respect and support of the general public and not their opprobrium.

by Jehan Perera

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China’s new duty-free regime for Africa: Implications for Global Trade and Sri Lanka

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Image courtesy The Global Times

The new duty-free regime for Africa, announced by Chinese President Xi Jinping in February, is the most generous unilateral nonreciprocal trade concession offered by any country to developing countries since the beginning of the modern rule based international trading system.

Yet, it is a clear violation of the cornerstone of the multilateral trade law, the Most-Favoured-Nation (MFN) principle.

Hence, its implications on developing countries, without duty-free access to China, will be extremely negative. Sri Lanka is one of the few developing countries without duty-free access to China.

On 14 February, 2026, Chinese President Xi Jinping announced that China will grant zero-tariff treatment to 53 African nations, effective 01 May, 2026. Under this new unilateral policy initiative, China would eliminate all import tariffs on all goods imported from all the countries in Africa, except Eswatini. China already enforces a zero-tariff policy for 33 Least Developed Countries (LDCs) in Africa. Now this policy would be extended to non LDCs as well. This policy initiative clearly aims at reducing the continuously expanding trade deficit between China and Africa. In 2024, China’s trade surplus against Africa was recorded at US $ 61 billion.

This trade initiative, a precious gift amidst ongoing global trade tensions, is the most generous unilateral nonreciprocal trade concession given by any country to developing countries, since the beginning of the modern rule based international trading system.

Though this landmark announcement has far-reaching implications on global trade, as much as President Trump’s “Liberation Day” tariffs, it was almost overlooked by the global media.

Implications for Global Trade

This Chinese policy initiative, though very generous, is a clear violation of the Most-Favoured-Nation (MFN) principle and the “Enabling Clause” of the International Trade Law. The MFN principle is the cornerstone of the multilateral trading system under the World Trade Organisation (WTO) and is enshrined in Article I of the General Agreement on Tariffs and Trade (GATT). It mandates that any trade advantage, privilege, or immunity granted by a WTO member to any country must be extended immediately and unconditionally to all other WTO members. Though, the GATT “Enabling Clause” allows developed nations to offer non-reciprocal preferential treatment (lower tariffs) to developing countries without extending them to all WTO members, this has to be done in a non-discriminatory manner. By extending tariff concessions only to developing countries in Africa, China has also breached this requirement.

This deliberate violation of the MFN principle by China occurs less than 12 months after the announcement of “Liberation Day” tariffs by President Trump, which breached Article I (MFN) and Article II (bound rates) of the GATT. However, it is important to underline that the objectives of the actions by the two Presidents are poles apart; the US objective was to limit imports from all its trading partners, and China’s objective is to increase imports from African countries.

Though the importance of the MFN principle of the WTO law had eroded over the years due to the proliferation of preferential trade agreements and unilateral preferential arrangements, the WTO members almost always obtained WTO waivers, whenever they breached the MFN principle. Now the leaders of the main trading powers have decided to violate the core principles of the multilateral trading system so brazenly, the impact of their decisions on the international trading system will be irrevocable.

Implications for Sri Lanka

China’s unilateral decision to provide zero-tariff treatment to African countries will have a strong adverse impact on Sri Lanka. Currently, all Asian countries, other than India and Sri Lanka, have duty-free access, for most of their exports, into the Chinese market through bilateral or regional trade agreements, or the LDC preferences. Though Sri Lanka, India and China are members of the Asia Pacific Trade Agreement (APTA), preferential margins extended by China under APTA to India and Sri Lanka are limited.

The value of China’s imports from Sri Lanka had declined from US$ 650 million in 2021 to US$ 433 million by 2025. However, China’s exports to Sri Lanka increased significantly during the period, from US$ 5,252 million to US$ 5,753 by 2025. This has resulted in a trade deficit of US$ 5,320 million. Sri Lanka’s exports to China may decline further from next month when African nations with duty-free access start to expand their market share.

Let me illustrate the challenges Sri Lanka will face in the Chinese market with one example. Tea (HS0902) is Sri Lanka’s third largest export to China, after garments and gems. Sri Lanka is the largest exporter of tea to China, followed by India, Kenya and Viet Nam. During the last five years the value of China’s imports of tea from Sri Lanka had declined significantly, from US$76 million in 2021 to US$ 57 million by 2025. Meanwhile, imports from our main competitors had increased substantially. Most importantly, imports from Kenya increased from US$ 7.9 million in 2021 to US$ 15 million in 2025. For tea, the existing tariff in China for Sri Lanka is 7.5% and for Kenya is 15%. From next month the tariff for Kenya will be reduced to 0%. What will be its impact on Sri Lanka exports? That was perhaps explained by a former Ambassador to Africa, when he urged Sri Lankan exporters to “leverage duty free access from Kenya” to expand their exports to China!

(The writer is a retired public servant and a former Chairman of WTO Committee on Trade and Development. He can be reached at senadhiragomi@gmail.com)

by Gomi Senadhira

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Daughter in the spotlight …

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Jeevarani Kurukulasuriya was a famous actress and her name still rings a bell with many. And now in the spotlight is her daughter Senani Wijesena – not as an actress but as a singer – and she has been singing, since the age of five!

The plus factor is that Senani, now based in Australia, is also a songwriter, plays keyboards and piano, dancer, and has filmed and edited some of her own music videos.

Says Senani: “I write the lyrics, melody and music and work with professional musicians who do the needful on my creations.”

Her latest album, ‘Music of the Mirror’, is made up of 16 songs, and her first Sinhala song, called ‘Nidahase’, is scheduled for release this month (April) in Colombo, along with a music video.

‘Nidahase’,

says Senani, is a song about Freedom … of life, movement, love and spirit. Freedom to be your authentic self, express yourself freely and Freedom from any restrictions.

In fact, ‘Nidahase’ is the Sinhala translated version of her English song ‘Free’ which made Senani a celebrity as the song was nominated for a Hollywood Music in Media Award in the RnB /Soul category and reached the Top 20 on the UK Music weekly dance charts, as well as No. 1 on the Yes Home grown Top 15, on Yes FM, for six weeks straight.

Senani went on to say that ‘Nidahase’ has been remixed to include a Sri Lankan touch, using Kandyan drums and the Thammattama drum, with extra music production by local music producer Dilshan L. Silva, and Australia-based Emmy Award winning Producer and Engineer Sean Carey … with Senani also in the scene.

The song was written (lyrics and melody) and produced by Senani and it features Australian musicians, while the music video was produced by Sri Lanka’s Sandesh Bandara and filmed in Sri Lanka.

First Sinhala song scheduled for release this month … in Colombo

Senani’s music is mostly Soul, Funk and RNB – also Fusion, using ethnic sounds such as the tabla, sitar, and sarod – as well as Jazz influenced.

“I also have Alternative Music songs with a rock edge, such as ‘New Day’, and upcoming releases ‘Fly High’ and ‘Whisper’“, says Senani, adding that she has also recorded in other languages, such as Hindi and Spanish.

“As much of my fan base are Sri Lankans, who have asked me to release a song in the Sinhala language, I decided to create and release ‘Nidahase’ and I plan to release other original Sinhala songs in the future.

Senani has a band in Australia and has appeared at festivals in Australia, on radio and TV in Australia, and Sri Lanka.

She trained as a vocalist, through Sydney-based Singing Schools, as well as private tuition, and she has 5th Grade piano music qualifications.

And this makes interesting reading:

“I graduated from the University of Newcastle in Australia with a Bachelor of Medicine and I work part time as a doctor (GP) and an Integrative Medicine practitioner, with a focus on nutrition, and spend the rest of the time dedicated to my music career.”

Senani hails from an illustrious family. In addition to her mum, Jeevarani Kurukulasuriya, who made over 40 films, including starring in the first colour movie ‘Ranmuthu Duwa’, her dad is Dr Lanka Wijesena (retired GP) and she has two sisters – all musical; one is a doctor, while the other is a dietitian/ psychotherapist.

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