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Rolling out holistic solution to perennial problem of laws’ delays

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Speech delivered by

M.U.M. Ali Sabry, PC 

Minister of Justice

at the 47th Annual Convocation of the Bar Association of Sri Lanka on the 27t March 2021 at the BMICH.

Your Lordship the Chief Justice, Hon. Attorney General, Your Lordships the judges of the superior courts, the President of the Bar Association and outgoing President, Committee members and my learned friends.

It is a pleasure to be here today, amongst the familiar faces I am used to seeing across the bar table for many years.

Firstly, I would like to extend my warmest congratulations to Mr. Saliya Peiris, President’s Counsel who won the election as well as the newly appointed members of the Exco. The bar has chosen you as its leader, and I wish you the strength and the determination in performing this important task. You carry on your shoulders the responsibility of guiding this noble profession in the years to come, and I have no doubt that you will continue to maintain the traditions of the bar whilst ensuring that the bar remains apolitical and stands up for the rule of law without fear or favour.

The last year has been a tough one, to say the least, and it is commendable that the BASL throughout this period was actively involved in finding solutions to ongoing problems, and was supportive of its members, the judicial administrative staff and litigants. You have done a great job, and I hope to see the good work continue.

The legal profession is one which has no equal. I say this because, there rests on the profession and with it the Bar Association a heavy responsibility to the citizens of this country, and to the country itself. It has a vital role in protecting the rule of law, maintaining the independence of the judiciary and protecting the sovereignty of the country. This responsibility is not a passive one, it is a positive one where there is a need for the legal profession to be at the forefront of positive social change.

To put this in context, as Judge Sanji Monageng, the First Vice-President of the International Criminal Court, in a speech delivered at the The Hague, on 20 November 2012 stated that:

“…the rule of law and the proper administration of justice, of which an independent judiciary and legal profession are prerequisites, play a central role in the promotion and protection of human rights.”

This role has been universally recognized even by the United Nations as enunciated in Principle 16 of the United Nations Basic Principles on the Role of Lawyers.

Lawyers therefore form a core part of the judicial arm of the state. It would be easy to assume by its very wording that the judicial arm consists of judges and courts, but that assumption would be far from the truth. After all, what would be the use of the biggest courthouses or the best judges if the parties can’t be heard? Lawyers are by their very nature officers of court and on many levels the gatekeepers to justice.

The journal article titled “ABA Canons of Professional Ethics” published by the American Bar Association, addressed this very important point. It stated that:

“the stability of Courts and of all departments of government rests upon the approval of the people, it is peculiarly essential that the system for establishing and dispensing Justice be developed to a high point of efficiency and so maintained that the public shall have absolute confidence in the integrity and impartiality of its administration. The future of the Republic, to a great extent, depends upon our maintenance of Justice pure and unsullied.

Thus, the role of a lawyer is not merely one of representing or advising clients for payment. It comes with a high level of responsibility, an overriding need for ethical behaviour, a sense of justice and a national duty. There is an overarching need for the public to have confidence and trust that justice is dispensed from the justice system. In this context, the legal profession has a duty of instilling and maintaining this public confidence and trust in the system.

Looking at the rich history of the legal profession in Sri Lanka, we can be proud of its independence, its contribution to legal jurisprudence and the persons who have come from it over the decades. We have produced world-class lawyers, jurists and judges and have contributed at a disproportionately high level to international law considering the size of our profession.

It would be easy to rest on these laurels and reminisce, and also to be content with the legal profession and the justice administration system as it currently stands, but I believe we need to have a serious reality check. I wasn’t certain that today would be the most suitable place to bring this up, but this is the first opportunity I am getting to talk to my colleagues, the representatives of the judiciary and the official and unofficial bar at the same forum. Therefore, I did not want to miss this opportunity to discuss what, in my opinion, should be front and centre of our journey over the next few years.

As I have mentioned before,

-the average time to enforce a contract in Sri Lanka is 1318 days

-We have been ranked 161 out of 189 countries for the enforcement of contracts

-Our legal system is ranked 5th out of 8 in South Asia.

-Land, Partition and Testamentary cases on average take a generation to be settled.

-A criminal trial takes on average 9 ½ years to conclude in the High Court.

-A criminal matter on average will take a year to be fixed for appeal and 3-4 years for the said appeal to be completed.

We are all very aware that the underlying issues in delay, amongst other matters, is the sheer number of cases before court, and the massive backlog which in turn has resulted in litigation stagnating.

At the end of 2019, there were a total of 766,784 cases pending in our courts, and we had approximately 350 judges to hear these cases. Let us ask ourselves the obvious question – how on earth is an individual judge supposed to manage such a caseload? Even if they were to work 16 hours a day, 7 days a week there would be no logical way to get through this backlog within any reasonable period of time. The outdated laws and the lack of appetite for innovative steps and technological advancement has only served to make matters worse.

This overburdening of judges is reflected in our score on the ‘judges per 1 million population’ index. Countries such as Russia have 242 judges per 1 million population, Germany has 230 and Thailand has 68. India which has been relentlessly criticized for its low number of judges has 20 per million. And our number? 15. Just 15 judges per million population. A reflection of how much of a monumental and humanly impossible task we are expecting our current judiciary to achieve.

These indicators are not just an academic exercise – they reflect the ground reality of the current state of the administration of justice in our country. On a domestic level, the results are quite obvious – how many times have we advised clients at consultations that they need to be ready for a ‘long-haul’ case, and in response to the question ‘how long?’ we have replied ‘years.’ We have been within this system for as long as we can remember, the fact that a case takes years, or the fact that the dates between two trial dates is months does not seem the least bit abnormal to us. We have become desensitized to the plight of our litigants and we do not feel the sting unless it’s one of our own personal cases.

 

This level of delay and inefficiency are not only inconvenient and unfair to the citizens, they have far reaching implications for the future of this Country. Investors are apprehensive about trusting their money in a place with high risk of loss in case of a dispute. Market research of the region prior to any investment would result in investors flocking to the countries high on these indexes, thus we are losing in the long term and we are losing big. Our neighbours understood this early on and started their own competitive drive to rank higher on these indexes and bring the issue of delay and inefficiency of the justice system under control. Take Pakistan for example – in 2018, they were ranked 147 in the ease of doing business index. By 2019, they managed to get to 136. However, from 2019 to 2020 they jumped a staggering 28 places and were ranked 108. This is a clear display of how commitment, focus and drive towards fixing the legal system can result in unthinkable results within a short period of time.

India too has been taking some dynamic strides in its modernization drive. It adopted e-filing earlier on during the pandemic and has commenced a push for digitization of its judicial administration system. In terms of corporate or connected litigation, the Ministry of Corporate Affairs has digitized its entire process and database to the extent that certified copies of Company documents can be obtained through an online process which is admissible evidence in Court.

The United Kingdom is establishing Online Courts which initially was due to the pandemic but will most certainly continue to develop and grow. They also started night sessions for Court hearings to clear the backlog.

In the last few years, Chinese courts have seen rapid developments in online dispute resolution platforms, specialized Internet courts, and the wide use of Artificial Intelligence across the case management and adjudication process in civil and criminal proceedings. They have also adopted other new technologies such as distributed ledgers, blockchain and smart contracts solutions which have been developed and rolled out in specialized courts.

Over the course of 2019, the Estonian Ministry of Justice developed and piloted an artificial intelligence software to hear and decide on small claims disputes less than €7,000.

This is the rapid level at which the other countries have progressed whilst we are still at a stage where cases in the District Court get postponed on multiple occasions, sometimes over a year because summons had not been served on the Post Office so that an employee can give evidence on one postal article receipt to establish that the letter of demand had been sent. Is that not, for lack of a better word, absurd?

Ever since I have taken over the office of the Minister of Justice one common issue is that most of who I meet, across the social and economic spectrum has a complaint about a case which has been pending for years. The Ministry is inundated almost every day with letters by litigants from all over the country complaining about laws’ delays.

We have been comfortable with the status quo for decades, and it’s time we realized that the status quo is just not working. Not only is it not giving any positive results, its actually dragging us backwards by destroying the public trust and confidence that is a pre-requisite for the judicial administration system of the country to function.

We must find a way out of this. It is time that we in Sri Lanka take a page out the books of these countries. It is encouraging that over the last few months we have taken steps towards achieving this. The E-hearing rules issued by the Supreme Court, the provisions made for E-filing as well as the adoption of giving bail online by the Magistrate’s Court are important steps in the right direction. This, however, is not going to be enough. It is vital that we look at a complete structural change from end to end and roll it out in a targeted and efficient way. We have to stop looking at the legal profession as one which exists solely for the sustenance of its members, but as one which plays a much more important role as a public centric body which is driving the justice system forward – one which is ready to innovate, to evolve and to take the right decisions at the right time to create a paradigm shift in the administration of justice. This shift should not be merely one which is a marginal improvement of numbers and statistics – it should be a shift which is felt at the ground level. One where litigants feel that litigation will bring them justice, and it will bring it to them faster than before.

Hence, it is a priority of the government to roll out a holistic solution to this perennial problem of laws’ delays and to resolve this issue.

One which would be a game-changer is to put in motion a practical strategy to take a massive leap in the efficiency of hearing cases. Sri Lanka has close to 800,000 pending cases at the moment and there is no strategy for them in terms of time to conclude. We have to bring in a practical timeline for a disposal of a case and work backwards and put the pieces of the puzzle together to achieve that goal. The future of litigation is in smaller smart courts which can parallelly hear a multitude of cases in a single location, whilst also allocating specific time slots for cases to avoid unnecessary delay to the litigant and lawyer.

In pursuance of this, we are determined to double the number of judges within the next 5 years. As you are aware, the House of Justice project was launched a few weeks ago, and we hope to have the first tower constructed within a short period of time. Pre-trial procedure is to be streamlined and revamped so that it would serve a key factor in cutting down litigation time. The establishment of a ‘Small Claims Court’ is being planned and Debt Conciliation and mediation are being considered as mainstream solutions working in tandem with the courts. One of the vital reforms that are coming in is Digitization and Court automation which is currently at the procurement stage.

There has also been key progress made over the last few months. The increase of Supreme Court and Court of Appeal judges was the first such increase in over 40 years. Justice sector reform has been allocated a record 20 billion from the budget which reflects the largest ever commitment by a government towards the reform of the justice sector. Just earlier this week I was informed by the Government Analyst’s Department that the backlog of outstanding reports numbering approximately 8000 had been cleared in the four months even in the midst of the pandemic due to a multi-pronged approach which we have introduced since then. The measures taken include increasing the cadre, working on two shifts, digitizing the expertise from other institutions and dedicated supervision by a sector specialist.

What this shows is that with commitment, a steel will and the ability to get out of your comfort zone unthinkable results can be achieved within very short periods of time. We should no longer think of fixing this system as a long drawn out, arduous process for our successors to deal with – we have to think of it as something we are capable of doing here and now.

It’s time we looked at moving away from our all too familiar 9.30 or 10.00 am start in Court where everyone sits around waiting for the case to be taken up. This is just not sustainable anymore, and it seriously cuts into the lawyers’ and litigants’ productivity. We should not be afraid to innovate and think out-of-the-box in terms of how we can solve the issues that are being faced – its time we look at case management and allocation of time slots for hearings. Its time we that we hear cases online and embrace technology to shorten delays in matters such as serving of summons and the proving of documents. We must think about reforming our legal system as a whole to be more technological – from sharing calendars to determine the dates of a hearing to the maintenance of records, we need to reduce the dependency on manual processes. Its time we adopted procedures and techniques such as skeleton arguments to cut down the time taken for a hearing. These are all steps that other countries have taken, for which they have been rewarded with judicial administration systems that have pushed their countries forward. My question to you is, If Singapore, Malaysia, Korea and so many others can reinvent themselves, why can’t we?

These reforms will be far reaching, and if they are seen through will permanently change the landscape of the profession and this country. We need to make this happen, and for that we need to work together towards this common goal. The process may not be a walk in the park, and it would certainly have some initial creases that to be ironed out, but if we can commit to what is needed to be done, I am certain we can pull this off. I am aware that the best of ideas and progress can fall to abeyance if you have to swim against the tide, which is why I hope that the bar and its members will cooperate with us to achieve this.

The road to make these changes may test our will, may require us to get out of our comfort zone, to go that extra mile and to commit to breaking the status quo.

Let us be remembered as the generation of lawyers and judges that took this country to the next level and the ones that put our justice system on the map. We have the opportunity to make the paradigm shift, and we must go for it with our heart and soul.

Let’s get this done.



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Features

Defining Oxygen Economy for sustaining life on Earth and growing intergenerational wealth

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Image courtesy Vedantu

by Dr. Ranil Senanayake

The Oxygen that is present in the air that we breathe is the birth right of every organism that lives on this planet. It is free for everyone. However, the action of some to take out more than their share, without replacement, has created a condition, where the Global Commons of air is being rapidly degraded,

The most critical component of air is Oxygen. It surrounds us, filling our lungs with every breath we take. It is the invisible gift of nature that we take for granted. But this essential resource—the very foundation of life— is being constricted, because the volume of trees, plants, and photosynthetic organisms that produce oxygen is being lost across the planet. Further, there is no initiative for this generation capacity to be increased as a matter of urgency. exploited at present? Why couldn’t increasing the generation capacity of Oxygen have economic value? Could those who benefit most from using the resources of the Global Commons be required to contribute to its maintenance? This is the idea behind the Oxygen Economy, a bold and transformative concept that seeks to address environmental and social challenges in a way that is fair, sustainable, and forward-thinking beyond GDP value which measures the success of our societies today.

What Is the Oxygen Economy?

The Oxygen Economy is a financial framework, that recognises the value of the global stocks of Oxygen within the commons and records the deposition and consumption through economic activity.

The Oxygen Economy is a principled framework that recognises the stocks, transactions and deposits of Oxygen into the Global commons and assigns value to stocks from privately contracted production units, it stems from a growing recognition that Oxygen is a declining resource with an easy replenishment response.

Oxygen, considered a “free” resource. It is not. Much like oil and coal it is a ‘fossil’ resource that has been a part of the atmosphere for millions of years. It has been slowly declining, but is ‘topped up’ by a service provided by the earth’s ecosystems —particularly trees, plants, and other photosynthetic organisms. These organisms create molecular Oxygen through the process of photosynthesis, supporting life on earth and maintaining the balance of our atmosphere.

At its core, the Oxygen Economy aims to ensure that those who produce contracted and monitored oxygen, be it towns, farmlands, rural or forested lands, are fairly compensated for their efforts. It also holds industries and private-sector entities that benefit from oxygen consumption accountable in maintaining the sustainability of this resource.

What is the urgency to address oxygen as a depleting resource?

Other than the obvious fact of falling global stocks, the need of an Oxygen Economy arises from the urgency of addressing two critical challenges facing humanity: environmental degradation and economic inequality. Placing value on Oxygen production could effectively provide an effective response to both. For decades, efforts to combat climate change have focused primarily on carbon

sequestration. While important, the focus on Carbon sequestration often overlooks other vital ecosystem services, including oxygen production that can contribute towards a growing wealth paradigm. Oxygen, like water and food, is essential for life. However, unlike other resources, it has largely been treated as infinite and freely available, which it is not. In reality, the supply of Oxygen to the atmosphere is decreasing due to deforestation, while the consumption of Oxygen by space exploration, industrial production, war and transport are increasing. Today Oxygen levels have dropped by approximately 2%, raising concerns about the long- term sustainability of this critical resource.

How the Oxygen Economy works

The Oxygen Economy operates on the principles of private property being valued using financial tools such as valuation guarantees, stakeholder contracts and Insurances to monetise contractually produced oxygen as a financial product. This involves three key components:

1. Valuation guarantee:

Assigning an economic value to the oxygen produced by contracted and registered units in identified geographical areas of production is based on the researched, monitored and validated measurements of oxygen generation by trees / plants or photosynthetic organisms such as Cyanobacteria.

2. Deposition guarantee:

Issuance of certificates of completion and deposit of Oxygen into the global Commons Stakeholder Contracts and Compensation: Establishing formal agreements between oxygen consumers (e. g., corporations / Space exploration companies) and contracted oxygen producers (e.g., farmers, Local communities)

3. Policy and regulation: Introducing replicable legal frameworks at a regional scale to enforce accountability and prevent the uncontrolled exploitation of global oxygen resources.

Lessons from Sri Lanka

One country that is already exploring the potential of the Oxygen Economy is in the bioregional area of Sri Lanka. Known for its rich biodiversity and commitment to environmental stewardship, Sri Lanka has implemented initiatives that align with the principles of the Oxygen Economy. In one notable project, women from farming communities established and nurtured trees using contracts that measured and validated payments for photosynthetic biomass on an annually recurring basis for a period of four years. The stakeholders earning substantive income from this project were sensitised to the emerging Oxygen Economy while contributing their obligations to global environmental resilience. Over three years, these participants generated thousands of litres of oxygen, demonstrating that the concept is not only viable but also impactful.

Scaling the Oxygen Economy globally:

While Sri Lanka’s efforts are a promising start, the true potential of the Oxygen Economy

lies in its ability to scale globally. Imagine a world where farmers are compensated for the establishment of trees, where rural and even urban greenery projects could receive funding to expand their impact for this paradigm of business. Such a system would not only help combat climate change but also address economic inequalities of the current GDP paradigm, by together contracting the Oxygen economic asset tool to those who sustain the planet’s life-support systems.

Addressing potential challenges

Like any transformative idea, the Oxygen Economy faces potential challenges. Critics may argue that assigning a monetary value to Oxygen risks commodifying a natural resource that should remain freely accessible. Others may question the feasibility of measuring, validating and regulating oxygen production on a global scale. These concerns can be addressed by emphasising the ethical principles behind the Oxygen Economy. The goal is not to charge people for breathing but to ensure that those who contribute to its sustainability profit from financial contracts for Oxygen production. Additionally, such transparent systems for measuring and validating oxygen production will be crucial for building trust and ensuring fairness towards the vision of accounting for intergenerational wealth beyond the GDP framework that exists.

A vision for the future

The Oxygen Economy represents a paradigm shift in how we think about our relationship with the planet. It challenges us to move beyond the notion of nature as an infinite resource and to recognise the boundaries of our Global Commons. The true value of planet Earth is as an ecosystem that sustains life for all biota. By aligning economic practices with environmental stewardship, the Oxygen Economy offers a path towards a more equitable and sustainable future. It supports the foundations of intergenerational wealth that will be reflected in our contributions to the cycling atmospheric gasses of our Global Commons.

Imagine a world where the air we breathe is not taken for granted but is cherished and protected. Where farmers, communities, and ecosystems are rewarded for their contributions to the planet’s well-being. Where industries operate with a framework of accountability to prioritise the health of our shared environment. This is the vision of the Oxygen Economy—a vision that is within our reach if we act together, with urgency and determination, to lay well informed, solid foundations.

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Two sides to a coin; each mourn threat; no threat, no budget blues

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The coin Cassandra starts her Friday Cry with the recent film Rani. Parroting what her friends said on seeing the film, Cass in her Cry just prior to this wrote: “It has been reviewed as outstanding; raved over by many; and already grossed the highest amount in SL cinema history – Rs 100 million from date of release January 30 to February 14. This last: testimony to its popular appeal and acceptance as an outstanding cinema achievement.

” Cass admitted she had not seen the film. She now realises her reluctance to jostle in the crowd in one of many cinemas retelling the murder of Richard de Zoysa and traumatic mourning of his mother, Manorani, was because there grew in her a distaste after watching short previews on YouTube of parts of the film. Most centered on is Swarna Mallawarachchi, starring as Manorani, downing alcohol and smoking cigarette after cigarette. Director Asoka Handagama was sensationlising the more dramatic incidents of the tragedy. That was to please the crowd.

We Sri Lankans, or many, have absolutely no tight upper lip. Most funerals of yesteryear and many rural ones still have writhing moaning and groaning and appeals to the dead to smile one more time, say a word, rise up. These loud gasped cries in between sobbing sent Cass wickedly into silent giggles. She thought: what if the dead obliged with even one request. Worst, if he rose up and sat in his coffin. The first to run away would be the callers! People love wallowing in sniffles of sorrow. Audiences much prefer fictionalised retelling of events to documentaries about them. Handagama does style his film as fictionalised history but he definitely is guilty of sensationalism. Cass’ gut feelings have been given words in a criticism on Face Book which was shared with Cass by a nephew.

The sent around message is titled: Misconceived, Misinterpreted, Miscast and a Big Mistake. That tells it all. However there follows an incisive critique of the film Rani by one of Richard’s friends who knew Manorani well and how she was after her son’s death. He signs himself, but Cass will not quote the name here since there is much truth, lies and even hidden agendas in what is posted on social media.

He writes: “Badly acted, badly directed and badly researched … A clear example of character assassination via a deliberate misuse of artistic license! … I want to state my opinion about two people that many of us loved, respected and knew intimately.” He then goes on to point out mistakes and exaggerations: Manorani was never even bordering on alcoholism and hardly ever smoked. And when she did, socially or to dim her sorrow, she did it elegantly. A Man Friday commented: they should have taught Swarna how to hold a cigarette and smoke it as it should be smoked. Hence my contention, every coin, even a box office success, has two sides to it, two diverse criticisms and in-betweens. Decision: Cass will not queue for a cinema ticket.

Each morn

Phoned a US living friend who was recovering from a harsh winter’s gift to her – severe flu. She said the flu was leaving her but depression and distraught-ness about hers and the US’s future were threatening to drown her in emotional turmoil much worse than the worst cough ‘n cold.

I knew the reason – Trump’s trumpets of new opinions, threats, enactments et al. She dreaded getting up each morning wondering what new calamity was to descend on the American people and by influence, spreading to the world. Her son has forbidden TV news watching and reading the newspapers which she says are so opposed to media treatment of the Prez.

I could very well sympathise with her. We in Sri Lanka suffered bouts of such threatened discomfort, nay calamitous warnings and sheer dread. My remembering mind went to Shakespeare in his tragic play Macbeth. Macduff’s description of Scotland under the reign of Macbeth to Malcolm, son and heir of murdered Duncan now sheltered in England, goes thus: “Each new morn/ New widows howl, new orphans cry/ new sorrows strike heaven on the face that it resounds.”

Cass does not know about you but dread lurked in her heart and mind when the JVP 1989 insurrection took place – for her teenage son. The LTTE and suicide bombs caused utter destruction of life, limb and infrastructure. Families who had travelled together now travelled to schools and workplaces separately since no bus or train was safe. Nor were the privately owned cars. Then came two tyrant Presidents with sudden deaths of prominent persons and media personnel like Richard and Lasantha and many others.

Blatant robbing of our money had us gasping helplessly. Riff raff rose in power and lorded, one such tying a man to a stake for not attending a meeting. Then rode to power on popular vote another brother in the newly created powerful dynasty. Word of mouth minus stroke of pen had orders given out to be promptly executed. White vans which plied the streets were reduced but worse happened.

One order and the rice fields had no grain, fruits dried on trees, forex earning luscious two leaves and a bud withered and could not be plucked. Bankruptcy resulted. But we had a ‘shipless’ harbour which had to be mortgaged for a song to the Chinese; a plane-less airport sounding death to elephants and peafowl; and a gaudy tower to gaze on or commit suicide from. A gathering of people on Galle Face Green righted things.

Then came into power a party that had two men and a woman in Parliament which yielded a true Sri Lankan with country first and last in mind, as President. Followed a sharp victory for the coalition of parties led by the hopefully reformed JVP so that three seats became almost two thirds of all seats in Parliament and a woman as Prime Minister. She had no connection to previous Heads unlike a former woman PM and Prez. The first woman PM rode to power weeping for her murdered husband; the younger very promising Prez because she was daughter of two Heads of Sri Lanka. But there was, even under their reign, mutterings and difficulties.

Truth be told, we sleep better at night and wake up with no dread in our innards. We rise to shine (if possible, in the heat of Feb) knowing people are working and corruption is not wrought by those in power. Thank goodness and our sensible voters for this peace we savour.

2025 Budget

Cass’ title has the phrase ‘no budget blues’. Looks like it is generally correct. Of course, the Opposition is criticising Finance Minister AKD’s presented budget. Cass is no economist, not by a long chalk, but she was glad to see that expenditure on health and education were substantial. We had a time when the armed forces were allocated more than education and health combined. Much has been looked into: including pregnant women and the Jaffna library among a host of mentioned amenities. We have no need to pessimistically await a Gazette Extraordinary stating negative segments of the future year’s financial plan. Thanks be!

Gaza and Ukraine are worse in position and the world is awry. But Sri Lanka is in a phase where Kuveni’s curse is stilled and people are considering themselves Sri Lankans, uniting to re-make Sri Lanka Clean as it was before selfish corrupt politicians took over.

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Features

As Africa toes Chinese line …

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Mitchell Gallagher

Every year, China’s minister of foreign affairs embarks on what has now become a customary odyssey across Africa. The tradition began in the late 1980s and sees Beijing’s top diplomat visit several African nations to reaffirm ties. The most recent visit, by Foreign Minister Wang Yi, took place in mid-January 2025 and included stops in Namibia, the Republic of the Congo, Chad and Nigeria.

For over two decades, China’s burgeoning influence in Africa was symbolised by grand displays of infrastructural might. From Nairobi’s gleaming towers to expansive ports dotting the continent’s shorelines, China’s investments on the continent have surged, reaching over $700 billion by 2023 under the Belt and Road Initiative, China’s massive global infrastructure development strategy.

But in recent years, Beijing has sought to expand beyond roads and skyscrapers and has made a play for the hearts and minds of African people. With a deft mix of persuasion, power and money, Beijing has turned to African media as a potential conduit for its geopolitical ambitions. Partnering with local outlets and journalist-training initiatives, China has expanded China’s media footprint in Africa. Its purpose? To change perceptions and anchor the idea of Beijing as a provider of resources and assistance and a model for development and governance. The ploy appears to be paying dividends, with evidence of sections of the media giving favourable coverage to China.

But as someone researching the reach of China’s influence overseas, I am beginning to see a nascent backlash against pro-Beijing reporting in countries across the continent. China’s approach to Africa rests mainly on its use of “soft power,” manifested through things like the media and cultural programmes. Beijing presents this as “win-win cooperation”—a quintessential Chinese diplomatic phrase mixing collaboration with cultural diplomacy. Key to China’s media approach in Africa are two institutions: The China Global Television Network (CGTN) Africa and Xinhua News Agency.

CGTN Africa, which was set up in 2012, offers a Chinese perspective on African news. The network produces content in multiple languages, including English, French and Swahili, and its coverage routinely portrays Beijing as a constructive partner, reporting on infrastructure projects, trade agreements and cultural initiatives. Moreover, Xinhua News Agency, China’s state news agency, now boasts 37 bureaus on the continent. By contrast, Western media presence in Africa remains comparatively limited.

The BBC, long embedded due to the United Kingdom’s colonial legacy, still maintains a large footprint among foreign outlets, but its influence is largely historical rather than expanding. And as Western media influence in Africa has plateaued, China’s state-backed media has grown exponentially. This expansion is especially evident in the digital domain. On Facebook, for example, CGTN Africa commands a staggering 4.5 million followers, vastly outpacing CNN Africa, which has 1.2 million—a stark indicator of China’s growing soft power reach. China’s zero-tariff trade policy with 33 African countries showcases how it uses economic policies to mould perceptions.

And state-backed media outlets like CGTN Africa and Xinhua are central to highlighting such projects and pushing an image of China as a benevolent partner. Stories of an “all-weather” or steadfast China-Africa partnership are broadcast widely and the coverage frequently depicts the grand nature of Chinese infrastructure projects. Amid this glowing coverage, the labour disputes, environmental devastation or debt traps associated with some Chinese-built infrastructure are less likely to make headlines. Questions of media veracity notwithstanding, China’s strategy is bearing fruit.

A Gallup poll from April 2024 showed China’s approval ratings climbing in Africa as US ratings dipped. Afrobarometer, a pan-African research organisation, further reports that public opinion of China in many African countries is positively glowing, an apparent validation of China’s discourse engineering. Further, studies have shown that pro-Beijing media influences perceptions. A 2023 survey of Zimbabweans found that those who were exposed to Chinese media were more likely to have a positive view of Beijing’s economic activities in the country. The effectiveness of China’s media strategy becomes especially apparent in the integration of local media.

Through content-sharing agreements, African outlets have disseminated Beijing’s editorial line and stories from Chinese state media, often without the due diligence of journalistic scepticism. Meanwhile, StarTimes, a Chinese media company, delivers a steady stream of curated depictions of translated Chinese movies, TV shows and documentaries across 30 countries in Africa. But China is not merely pushing its viewpoint through African channels. It’s also taking a lead role in training African journalists, thousands of whom have been lured by all-expenses-paid trips to China under the guise of “professional development.” On such junkets, they receive training that critics say obscures the distinction between skill-building and propaganda, presenting them with perspectives conforming to Beijing’s line.

Ethiopia exemplifies how China’s infrastructure investments and media influence have fostered a largely favourable perception of Beijing. State media outlets, often staffed by journalists trained in Chinese-run programmes, consistently frame China’s role as one of selfless partnership. Coverage of projects like the Addis AbabaDjibouti railway line highlights the benefits, while omitting reports on the substandard labour conditions tied to such projects—an approach reflective of Ethiopia’s media landscape, where state-run outlets prioritise economic development narratives and rely heavily on Xinhua as a primary news source. In Angola, Chinese oil companies extract considerable resources and channel billions into infrastructure projects.

The local media, again regularly staffed by journalists who have accepted invitations to visit China, often portray Sino-Angolan relations in glowing terms. Allegations of corruption, the displacement of local communities and environmental degradation are relegated to side notes in the name of common development. Despite all of the Chinese influence, media perspectives in Africa are far from uniformly pro-Beijing. In Kenya, voices of dissent are beginning to rise and media professionals immune to Beijing’s allure are probing the true costs of Chinese financial undertakings. In South Africa, media watchdogs are sounding alarms, pointing to a gradual attrition of press freedoms that come packaged with promises of growth and prosperity.

In Ghana, anxiety about Chinese media influence permeates more than the journalism sector, as officials have raised concerns about the implications of Chinese media cooperation agreements. Wariness in Ghana became especially apparent when local journalists started reporting that Chinese-produced content was being prioritised over domestic stories in state media.

Beneath the surface of China’s well publicised projects and media offerings, and the African countries or organisations that embrace Beijing’s line, a significant countervailing force exists that challenges uncritical representations and pursues rigorous journalism. Yet as CGTN Africa and Xinhua become entrenched in African media ecosystems, a pertinent question comes to the forefront: Will Africa’s journalists and press be able to uphold their impartiality and retain intellectual independence? As China continues to make strategic inroads in Africa, it’s a fair question.

(The writer is a PhD candidate of political science at Wayne State University, US. This article was published on www.theconversation.com)

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