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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

Art becomes outrage: Kolkata festival confronts crime against female doctor

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One puja chose Lajja or shame as its theme to focus on the alleged rape and murder of the doctor [BB]

On 9 August, the Indian city of Kolkata was shaken when a trainee doctor was found raped and murdered at one of its oldest hospitals. Though an arrest was swiftly made, accusations of a cover-up and evidence-tampering quickly surfaced, fuelling public outrage. Since then, daily protests, human chains and candlelight vigils have filled Kolkata’s streets. Now, the city’s largest festival unfolds amid some of the city’s most fervent protests in years.

Kolkata is celebrating its biggest annual festival – Durga Puja, when the ten-armed Goddess Durga is said to visit her earthly home, her entire family in tow.

At Durga Puja pandals – or temporary temples – the goddess stands in the middle astride a lion, flanked by her children – elephant-headed Ganesha, warrior god Kartikeya on his peacock, the goddesses Lakshmi and Saraswati – while the defeated buffalo demon lies at her feet, symbolising the triumph of good over evil.

These days, it’s not just the gods that draw the crowds. The pandals have become quite elaborate. Some recreate landmarks like Dubai’s Burj Khalifa or the mangrove forests of Sundarbans. Others are installations with social messaging – conserve water, pray for world peace, save handicrafts.

That led to Durga Puja being billed as one of the biggest street art festivals in the world. Arts organisation Mass Art has been putting together previews of selected Pujas, especially so that foreign guests can get a sense, says its secretary, Dhrubajyoti Bose Suvo, of how a “city transforms into a public gallery”.

But this year, the largest street art event of the city has come face to face with the biggest street protests Kolkata has seen in years. Some of the idols are different, and even the artwork on the walls reflects anguish and protest with figures of women and animals rendered in stark red, black and white.

Swastik Pal The goddess's image at Tala Pratay has no body, her life force represented by a flickering candle
An unusual representation of a Durga without a body by artist Sushanta Pal at Tala Prattoy puja…[BBC]
Swastik Pal The goddess's image at Tala Pratay has no body, her life force represented by a flickering candle
…where the goddess’s life force is represented by flickering candles[BBC]

The protests broke out after the 31-year-old doctor was found brutally killed at RG Kar Medical College on the night of 9 August. After a gruelling 36-hour shift, she had fallen asleep in a seminar room due to the lack of a designated rest area. Her half-naked body, bearing severe injuries, was discovered the next morning on the podium.

“Of course there is an effect of the incident on us,” says visual artist Sanatan Dinda. “I do not paint inside an ivory tower. I speak of the society around me in my work.”  Upset over the incident, Dinda resigned from a government-run arts organisation. He says, “Now I am on the streets with everyone else. Now I have no fear.”

In September, Dinda and the clay artists who built the Durga images in the historic artisan neighbourhood of Kumartuli led a protest march demanding justice for the woman they called “our Durga”.

Dinda says he has made “improvisations” to the Durga images he was working on this year.

At one in Bagha Jatin in south Kolkata, his mother Goddess looks more fierce than maternal. The lion she normally rides is springing out of her chest. Each of her ten arms holds a spear to slay evil. The artwork on the walls reflects anguish and protest with figures of naked women and animals rendered in stark red, black and white.

Swastik Pal durga puja vidyasagar central
A wall graffiti by artist Santana Dinda at a Puja pandal [BBC]

Swastik Pal A tableau recreates the bereaved family of the doctor whose portrait hangs on the wall at a Puja
A tableau recreates the bereaved family of the doctor depicted in the portrait on the wall at a Puja [BBC]

Art as protest is not new.

Jean-Michel Basquiat’s Defacement, commemorating the 1983 police killing of a man allegedly writing graffiti in the New York subway, found renewed relevance during the Black Lives Matter movement. Public artists like Jenny Holzer, Keith Haring, Diego Rivera, and Banksy – whose stencils span walls from Kyiv to the West Bank – have long used art to deliver political messages.

Durga Puja art is public art, but it’s also central to a religious festival that fuels the state’s economy. A British Council report valued Durga Puja’s 2019 economic impact at over $4.5bn, nearly 3% of West Bengal state’s GDP.

With so much at stake, neighbourhood clubs organising pujas have to tread warily. They cannot alienate thousands of ordinary citizens looking for a good time, not a sermon. They get financial grants from the government that’s facing the protests. They have to work with the police on permits and traffic control.

Swastik Pal At one of the pandals, the idol stands before the Constitution, with windows illustrating scenes that spark dialogue on social issues
The idol stands before the Constitution, with windows illustrating scenes that spark dialogue on social issues [BBC]
Swastik Pal Actors perform street theatre to teach viewers about the gap between rights and realities
Actors perform street theatre to teach viewers about the gap between rights and realities [BBC]

A few have opted to forego taking money from the government.

One puja in Kankurgachi, in the northeastern side of the city, chose Lajja (Shame) as its theme after the protests erupted. Its Durga is covering her eyes, her lion keeping vigil over the body of a woman wrapped in a white sheet. The organiser is openly affiliated with the state’s opposition party.

Close by, another puja creates a tableau of the bereaved family, the mother sitting on the bed, the father at a sewing machine, their daughter’s picture in doctor’s scrubs on the wall. Other organisers are more circumspect, not wanting to wade into political waters.

“But we still want to make a point, especially as a women-led women-run club,” says Mousumi Dutta, president of the Arjunpur Amra Sabai Club.

Their theme this year is Discrimination. The artist uses the Constitution of India and its articles promising equality as the backdrop to the goddess while local actors enact the gap between the promise of the Constitution and reality through street theatre.

The theme had been decided earlier but the tragedy gave it a different urgency. “We have decided to not call this year’s Durga Puja a festival,” says Dutta. “We are calling it a pledge instead. A pledge to create a world where we won’t have to keep coming out on to the streets to demand justice.”

Swastik Pal Baghajatin Puja pandal
At Bagha Jatin puja in south Kolkata, the Goddess looks more fierce than maternal [BBC]
Swastik Pal Artist Sanatan Dinda inserts Tilottama, the name the media uses for the rape victim, into his own signature
Artist Sanatan Dinda integrates the name used by many media outlets for the victim, Tilottama, into his signature [BBC]

The demand for justice for a woman resonates with Durga Puja anyway, a festival built around a goddess vanquishing evil. One puja had already chosen women power as its theme which now matches the zeitgeist.

Durga puja theme designers say they were already neck-deep in work when the protests erupted.

“Perhaps if it had happened earlier it would have been different. By August I was committed to the organisers and to some 450 people working with me,” says Susanta Shibani Pal. But he says the issue “subconsciously” crept into the art.

His installation Biheen (The Void) for the Tala Prattoy puja, covers 35,000 sq ft, immersing the viewer into what he calls a “black hole”.

His Durga has no body, her life force represented by a flickering candle, much like the candles that are part of the protests. “A viewer might read this as my protest. I might call it coincidence. I started this work before RG Kar happened,” he said.

While some are bringing the mood of protest into their Durga Puja art, others are bringing protest art to their Durga Puja. Chandreyee Chatterjee’s family has been celebrating Durga Puja at their home in Kolkata for 16 years. Chatterjee also participated in many of the street protests.

Swastik Pal A durga puja pandal
Millions flock to see the pandals during Pujas in Kolkata [BBC]

She admits she was in no mood to celebrate this year. They will still have a Durga Puja but with a difference. “We will do what the rituals require, nothing more. Anything that comes under the heading of celebration, like dancing, is being done away with this year.”

She and her friends have also had an artistic little badge made. It shows a hand grasping a flaming torch. Underneath in Bengali are the words “We want justice.”

“I will be giving it to friends and family who come to our Puja,” says Chatterjee. “We want to remind people we have a long long way to go.”

[BBC]

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Hope rekindled but expectations need be reined in 

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Things are moving forward in the right direction under the interim triumvirate Cabinet of President Anura Kumara Dissanayake, Prime Minister Amarasuriya and Minister of several ministries – Vijitha Herath. A new system is obviously set in place and we are hopeful for the future of Sri Lanka. Officials of the government have successfully negotiated with the IMF so we are safely assured of financial help. These are further loans, but we do not shiver as we did under previous regimes because repayment had to be done and we lacked faith in those previous regimes.

Why can this renewed faith be repaid in due course? Because the most damning curse that throttled the country is to be curtailed and eliminated– corruption that syphoned off millions to private pockets. Cass remembers jubilation when the first IMF tranche was given SL. It was like a gift being given, forgetting that it was a further loan to be repaid. No such nonsensical celebration this time.

One warning that wiser counsel gives is hemin, hemin. Many shout for quick action from outside and within the JVP, too. People are asking for this and that and mostly that the corrupt be caught and punished. There is time for that. First priority is to improve the economy of the country. We have confidence in the new President that he will set priorities in government action and will see they are followed.

Interview with NPPer 

Much of the caution Cass advocates in her previous paragraphs was pronounced loud, clear and authoritatively by the NPP Executive Committee member Attorney-at-Law Harshana Nanayakkara in an interview with Alanki on the Conversation talk show. Its subject of discussion was the immediate future after the general elections, in particular the law and order policies and action taken or proposed. Harshana was very vocal as he usually is and spoke clearly, precisely and very convincingly, Cass opines.

The first criminal incident discussed was the bond scam; next was the Easter Sunday attack. The interviewer then moved to the subjects:  abolition of the Presidency; new Constitution and position of women and children. In the first two undertakings, the question asked by the public is how soon will the corrupt be exposed and punished. This was Alanki’s tag to most of her questions

Harshana’s replies were minus rhetoric, instead sensible and to be approved of by the wise, mature and staid citizens of the country. Firebrands and youth in a hurry to witness punishment were told in no uncertain terms that all the above takes time; that the new government will not rush into matters, particularly ‘catching rogues’ and meting out punishment. Harshana made it very clear that each case will be studied very carefully and action will be taken. He said that most financial crimes are committed 100% cautiously and cleverly, with no trails left, but ‘crumbs’ may be lying around.

These can be picked up and worked on by very smart and trained sleuths, given complete freedom to get on with their work, especially political or ‘high-up’ pressure. However, he judiciously noted that even suspected criminals, if law and justice cannot prove them guilty, will go free.

He gave the assurance that the arms of law and judiciary will be given independence and freedom to work with no governmental interference, least of all influence. Another fact he emphasised was that no timeline nor time of accomplishing such undertakings could be given. However, results will be given before the five years of the NPP government are over; more so closure to the Easter tragedy.

Corruption, he made clear, calls for elimination but alongside prevention is important. To ensure the latter he said one method was to reduce interaction of government officials and members of the public. This to be achieved by increased digital services and more transactions between the public and government officials to be on-line.  Institutions will be made accountable. He also noted that checks and balances were required.

He mentioned we have 21 amendments to the Constitution. A new one will be placed before the country. Work had already been started by previous governments but they lacked the will to complete the job. The NPP government would achieve this, since committees are already working on it.

Thus, the abolition of the post of president. Cass’ gut feeling is that the majority of Sri Lankans want this and a return to parliamentary system as pre-1977. Cass’ additional other personal gut feeling is that the presidency should be eliminated after Prez AKD’s term or just before it ends. We need a sole leader to control and further the good policies outlined.

What was mentioned was that women’s and children’s issues, which differ, will be given consideration and corrections made. Idea is for 50% representation in government and other institutions by women. Awareness creation and education were still necessary to bring about gender equality. Policies would be outlined and implemented and antiquated laws be abolished or revised to create inclusive societies. However, laws alone cannot achieve equality.

Harshana mentioned that the northern issue or problem would be dealt with.

However, it is hoped that the NPP will not receive a 2/3 majority in Parliament. That is not at all healthy and has proved to be disastrous in Sri Lankan politics. A hope that Cass harbours is that a sort of cooperative government will be the necessary outcome of the 14 Nov. general election. Twenty five Cabinet Ministers is what is stipulated by the NPP. Fine. Hope is that among them will be outstanding persons from other parties – the SJB and others. Cass bravely names two: President’s Counsel M A Sumanthiran and Attorney–at-Law Aly Sabry who have proved to be highly competent and country-loyal politicians sans racial and religious biases.

Exposes

MTV Channel 1 is telecasting a programme on corruption in Sri Lanka. The series is titled, “What happened to Sri Lanka” and we have been given details of the Teasury bond scams during  Ranil Wickremesinghe’s premiership; Sri Lankan Airlines’ nosedive after President Mahinda Rajapaksa sacked the SriLankan Airlines CEO. It was also revealed how brother-in-law, who was SriLankan Chairman rerouted flights arbitrarily. Also documented and aired over were President Gotabaya Rajapaksa’s disastrous ban on agrochemicals. Uncovered also was the import of thousands of cows to boost milk production. Instead they infected local cattle, fell sick and soon died. But, of course, some people collected huge commissions, we believe. All these were heinous ways of earning money for some. They happened during the elitist families’ regimes; the R brothers, too, considered elitist. So, having a non-elitist leader and most probably a government of the non-rich persons, we may be on a path of good governance at long last. No wonder a descendent of the truly elite – the first PM of Ceylon and Father of the Nation – voted for the NPP at the presidential election and will surely vote for NPP contenders in the forthcoming election too.

The world scene is gloomy. Two wars, one in the Middle East threatening to conflagrate due mostly to the stubbornness of Hamas and Hezbollah and of course Israeli Netanyahu, rage on. The race for the White House is still said to be neck to neck, unbelievable to us over here that Trump is still running strong against eminently suitable Kamala Harris. We turn inward from these to feel a sense of satisfaction that our bankrupt nation is being given a chance to change and be what it could and should be. So, on that hopeful note Cassandra says her goodbye for a week

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Towards a sustainable and secure energy future for Sri Lanka

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by Eng Parakrama Jayasinghe
parajayasinghe@gmail.com

A new Dawn

It is everyone’s hope that we could at last be moving towards a new dawn of prosperity and a future of sustainable growth in all aspects of economy and social wellbeing.  With the President Anura Kumara Dissanayake leading the way.  This hope is most prevalent in the energy sector, which has remained in the clutches of the fossil fuel lobby. While the transport fuels still remain near 100% dependent on imported fossil fuels, energy sources used for the generation of electricity have shown some progress in gaining none dependence on such imports using indigenous sources of renewable energy. While the present contribution of only 12% of the total energy mix by electricity may not seem significant , what is more important is to recognise that electricity being the most desired and flexible form of energy for energy sector of energy demand , projects a future of near 100% electricity based energy sector, by the optimal utilisation of our bounty of nature.  Sri Lanka is blessed with renewable energy sources of magnitude which is far beyond the energy needs of the country, covering all sectors, many fold even with the projected growth over many decades,

This is even more significant is the fact that Sri Lanka has no indigenous fossil fuels, which makes it imperative that we utilise this   bounty to arrest the continual drain of the valuable foreign reserves, as fast as possible. The great fortune of advances in technologies in recent years enabling the development of such renewable energy without delay should therefore take the highest priority of the new government.

The recent presidential election has brought to the sharp focus the urgency of this with the realisation that it is the present unwise dependence on imported sources of fossil fuel which is the primary reason for the fall of the previous government of President Gotabaya Rajapaksa and the false claims of energy security claimed by the last interim government’s  defeat.

The more pragmatic Vision of the New Government

The established policy of reaching a target of 70% contribution of renewable energy for electricity generation by year 2030 have been confirmed by all presidential candidates, as well as the eventual achievement of status of zero emissions by 2050. with even more focus by the NPP.

Under these circumstances, it is topical to discuss the way forward and the path that President Anura Kumara Dissanayake would choose in arriving at these targets, particularly  since the portfolio of Energy is listed under his purview, which we hope he would retain after the parliamentary elections and the formation of the new cabinet of ministers.

It is therefore relevant to be reminded of the references made in the Presidential Manifesto on the energy sector., which has laid much emphasis and recognition of the bountiful renewable energy resources of Sri Lanka.  The much wider relevance and the potential of such resources to play a major role in the economy beyond mere supply of energy to the other sectors of energy, is for the first time has been recognised by the policy makers.  The section title of the Manifesto on energy itself highlights this recognition: 3.10 A Secured Energy Centre – A sustainable Revenue Resource”

This is further elaborated by the item listed as the “Principles”

  • Energy as an essential national service
  • Sustainable and secure energy supply
  • Energy Economy as a source of foreign exchange

While agreeing wholeheartedly to these principles as the basis for a future energy policy we would like to propose few more inalienable principles or policy imperatives to this list

  • The nation’s energy resources belong to the people and the benefits of their utilisation must primarily flow to the people.
  • It is no longer true that the energy sector development needs to be the purview of the large-scale entrepreneurs, either in the state or private sector, requiring very large capital investments, nor is there a need for centralised large power plants remote from load centers.
  • Under no circumstances should we pay Dollars for our own RE resources.
  • National Security is closely linked to national Energy Security. This can be guaranteed only by ensuring that the energy industry remains in control of the national entities both public and private.
  • The main consumers of energy are electricity and transport fuels. It is imperative that any energy policy should consider at least these two in conjunction and concurrently.
  • The facility of creating “Prosumers” can be the means by which the low-end consumers can be rescued from the trap of eternal poverty in spite of the many forms of state handouts which over the years have proven futile in poverty alleviation.

  The Specific Activities Proposed

The proposed activities in the manifesto support the above principles and if implemented with courage and conviction with combined commitment of all the related agencies, unlike the present practice of totally disharmonious and opposing actions, the success of achieving the targets can be guaranteed.

The important message that should be brought to the attention of The President is the need to ensure no action or policy be permitted from now on that would hinder the progress or form barriers in achieving these goals.  A distinct change in the attitude of the state agencies and officials is required. Hitherto that has been totally lacking with even the target of achieving the 70% RE goal not being assigned to any agency.

This is due to the unfortunate situation prevailing in the state sector of there being no sense of accountability, either mandatorily or voluntarily.  The most essential and urgent change needed is to mandate the task of achieving the stated goals to particular officials in the primary agency identified as the most appropriate when many agencies are responsible. Such a mandate must flow from the Chairman downwards with measurable Key Performance Indicators (KPIs) assigned with time targets. This is most easily done in the electricity sector immediately and the transport and other sectors of energy usage to follow without delay.

The present government has brought in a number of new appointees to head the key agencies in the energy sector. We propose that these personnel inconsideration of their past record of knowledge and experience (unlike in the past when appointments were given to friends and relatives only irrespective of their suitability) be given strict instructions with the responsibilities for achievement of set targets and to pass down such responsibilities to their staff.  Gaining the support and cooperation of other related agencies and overcoming any barriers should be strictly their responsibility.

While the transport sector without any form of future vision or programmes working in total ignorance of the major changes happening in the world would  be  difficult to be brought to this form of sustainable and future proof status, the already established and adopted policies in the Electricity Sector and the technological advances made even in Sri Lanka provides the base line on which such time based targets can be assigned.

The current target of 70% renewable energy based power generation by 2030 has proven to be quite achievable and non-challenging based on recent experiences.  In fact, this target was surpassed in some days during the latter months of 2023 as shown below. (See graph)

  • The first KPI to be issued is therefore a directive to the Ceylon Electricity Board to develop a time based programme with annual targets commencing now towards progressively enhancing this RE contribution of 70% minimum by 2030. CEB must be held responsible for the achievement, for which of course they would need to get the support and assistance of the private sector developers.  With the co-operation and commitment of their own staff. and facilitation the “Prosumers” themselves would reach the expected 5000 MW well before the target year 2030. (The target of 2000 MW in five years as stated is well below the potential of the local Solar Industry)
  • A further commitment made by the new government is to lower the cost of electricity to the consumers. It is obvious that this could only be achieved through the rapid expansion of the contribution by the renewable energy based generation, which is now universally accepted and proven by the records of the CEB itself.  Towards this task another action point in the NPP manifesto can be cited as the next KPI to be issued to the CEB. “Directing the currently oil-based electricity generation towards low-cost renewable solar and wind sources” This feasibility is illustrated below.
  • The objective of lowering the cost of generation and thereby the consumer tariff would certainly not be achieved by the recent cabinet decision to reduce the Feed in Tariff for the Solar Rooftop PV, which fortunately has not been approved by the PUCSL. Each unit of Solar PV added would reduce the equivalent unit generated using oil costing at least Rs 63.00 as per data below. (See Table)

The potential saving of Rs 113.65 Billion annually could provide the means of lowering the consumer tariff by Rs 7.5 per unit on average.

Should we pursue LNG relevant anymore?

About five years ago Liquid Natural Gas (LNG) was very much in discussion as a clean fuel and a possible intermediate solution to eventually eliminate the use of Coal and Oil for power generation. Perhaps under the prevailing circumstances then, when the Renewable Energy Options such as Solar and Wind had not gained the favorable status, both of technical acceptance and financial viability, this consideration may have been correct and timely. However, a much-detailed analysis with wide stakeholder consultation is required at present before pursuing this option.

However, Sri Lanka not having any land based Natural Gas, and the challenging issue of the infrastructure required for the utilization of imported LNG for economic use needed to be evaluated in depth. This still remains unresolved.  At the same time being typical of the disjointed decision-making process in Sri Lanka, the tender for the development of a 350 MW LNG power plant to operate on nonexistent LNG was awarded and the plant is nearly complete. It is reported that even in Australia with its own Natural Gas resource the cost of NG based power is reported to be exorbitant.

Under these circumstances, although listed in the Activities in the Manifesto, we propose that this issue requires a much deeper and coherent analysis and evaluation before any concrete steps are taken. It is our opinion that Sri Lanka no longer needs any imported LNG.

If we are fortunate to get funding to develop our Mannar resource viability of which is now established, it must be considered as the means of achieving the principle of v Energy Economy as a source of foreign exchange But under no circumstances should we build any more LNG based power plants as listed in the current Long-Term Generation Plant and still being promoted by some with their tunnel vision.

Conclusion

It is quite obvious that Sri Lanka is at the threshold of change in all aspects. This is most essential and urgent in the Energy Sector which if handled properly would give Sri Lanka the much-needed window of opportunity for economic prosperity. It is most encouraging that the present government has clearly identified this opportunity.

This article attempts to highlight the need to be warned of many decades of vested interests by many parties, which has kept Sri Lanka over dependent on imported fossil fuels thus preventing the flow of such prosperity to the people. The danger also exists of such elements trying to propagate antiquated principles and themes, with the underlying objective of keeping Sri Lanka trapped in fossil fuels for obvious reasons.

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