by Jayampathy Molligoda
Chairman, Sri Lanka Tea Board
The word “sustainability” is often distorted without being used in ecological context to get its proper meaning. In simple terms, we have the responsibility to protect the right of future generations to live in a safe environment. Similarly, Climate change can be understood as a set of alterations in the average weather caused by global warming due to the emission of greenhouse gases. Climate change phenomenon is serious, which is worse than the COVID-19 pandemic. it is the one challenge that potentially has the most severe impacts globally and on Sri Lanka. The very reason for this is that climate change affects virtually every aspect of our ‘every day today’ life, economic, social and environmental. It is a multidimensional challenge, with its impacts ranging from issues like human health, supply of safe water and food, biodiversity, economic development, etc.
(2) Systems view of life:
Modern Science has come to realize that all scientific theories are approximations to the true nature of reality. Science doesn’t have answers to natural phenomena. Mechanistic view looks at a closed view of a specific area which is a tiny part of a large system. They have dominated our culture for the past three hundred years and is now about to change. Before 1500 AD the dominant world view was that people lived in small communities and experienced nature by the interdependence of spiritual and material phenomena.
The Systems view looks at the world in terms of relationships and integration, inter-dependence of all phenomena i.e.: physical, biological, social, and cultural. Instead of concentrating on basic building blocks, the systems approach emphasizes basic principles of organization.
According to Prof. Fritjof Capra, an Austrian-born American physicist, the architect of “systems view of life” to find lasting solutions, there are solutions to the major problems of our time. They require a radical shift in our perceptions, our thinking, and our values. An “Eco system” is a living system of communities of plants and animals, microbes sharing an environment with non- living plants such as air, water, climate, soil. In my view, the above is the best illustration to understand the importance of adhering to the “system view of life” to find lasting solutions. Capra’s view is that our traditional politicians and business leaders have been unable to provide long term solutions to these problems and he welcomed the creation of social movements founded on the premises to change the current traditional sociological paradigm and to build sustainable communities.
From the systemic point of view, the only viable solutions are those that are “sustainable” Therefore, the challenge of our time is to create sustainable communities, that is, social and cultural environments in which we can satisfy our needs and aspirations without diminishing the chances of future generations. The sustainable communities need to be designed in such a way its social structures do not interfere with natures inherent ability to sustain life but support and corporate with natures inherent ability to sustain life.
(3) Structures, Processes and patterns:
The following ten points are useful in order to understand as to how the eco- system works.
1. Eco system is a living system of communities of plants and animals, microbes sharing an environment with non- living plants such as air, water, climate, soil
2. The theory of living system tries to understand this and the ecological literature deals with the basic principles of ecology (and live accordingly)
3. Nature, every organism, plant, micro-organism, cells, tissues all are in a living system.
4. All living systems need energy and food.
5. All living systems produce waste, but there is no net waste
6. Capra expresses the life of any living organism as made up of pattern, process and structure.
7. If we apply these ideas to ourselves or our organizations, we can see that in the patterns we find our identity.
8. In the processes we develop our relationships, our beliefs, our principles and behaviours becoming more conscious.
9. In the structures we become more fluid, more focused on the present moment; we become alive.
10. The building of sustainable communities is deeply connected to our search for a new sociological paradigm.
This gave rise to the concept of Complex Adaptive Systems, as a multidisciplinary concept- are considered complex because they are made-up of diverse elements which are interconnected with each other and are adaptive in that they have the capacity to change and learn from experience.
(4) Decline in tea production, market share, revenue, despite chemical application:
In this connection, we wish to state that Sri Lankan tea production has been drastically declining over a period of time, despite supplying large quantities of imported artificial fertilizer. For an example, in 2010 the total tea production was 330 million kilos, covering 222,000 hectares, wherein some 160, 000 metric tons of fertilizer per year had been used on an average basis up to date on a regular basis, however, we have ended up with only 289 million kilos of tea production in 2020, covering 253,000 hectares. The compound annual average growth rate (CAGR) was negative 1.5% and the Sri Lankan tea industry cannot sustain anymore as both quality, quantity as well as the competitiveness have drastically eroded. As a result, our market share has come down and the foreign exchange revenue which was around US $ 1.6 Billion eight years back has now come down to US $ 1,24 million/year only. As you are aware, during the period 2017 to end 2019, a large number of tea factories had to close down and many smallholders were badly affected and the new/re planting extents were less than 1%, where as it should have been at least @2% of the cultivated extent.
As a result of excessive usage of agro-chemicals, there has been a number of rejections of our Ceylon tea consignments reported from the major important markets such as Japan, EU, UK, Saudi Arabia, Taiwan etc. This situation has arisen due to detection of pesticide residues in the Ceylon Teas exported, which are over and the above the permitted maximum residue levels (MRLs). Tea Exporters Association (TEA) has brought to the notice of SLTB notice on number of occasions the serious non- compliances which includes detection of excessive pesticide and other chemical residues over and above MRLs. In addition, the presence of foreign/extraneous matters and high moisture levels which lead to microbial contamination & fungus formation may end up in development of micro toxin fungus – these will become health hazard.
(5) Tea plantation system as a complex adaptive system:
My own view is that the long- term goal of Sri Lankan tea industry would be to build “sustainable communities” for the tea plantations and, achieving higher foreign exchange earnings from tea exports may be only one of the unit objectives.
A sustainable community is one that is economically, environmentally, and socially healthy and resilient. It meets challenges through integrated solutions rather than through fragmented approaches that meet one of those goals at the expense of the others. And it takes a long-term perspective—one that’s focused on both the present and future.
Scientists began to observe certain properties in biological systems. The adaptation of the individual independent components within the system to the environment was one such property. The experts observed this phenomenon was visible in systems such as eco-systems, global economics systems, and social systems.
(6) Strategies implemented by the new administration:
With the new administration, the government together with the private sector stakeholders have been able to reverse the negative trends experienced previously and the higher fob prices and increased tea auction sale averages are now getting tricked down to growers, thus addressing the livelihood income issues systematically.
The Sri Lanka tea industry witnessed a recovery amidst the COVID pandemic, with a substantial increase in production and the export volume during the first quarter of 2021 compared to the corresponding period as well as the year 2020 compared to 2019.
During the Q 1- January to march ’21, the tea export revenue was Rs. 65 Billion, up by Rs. 16 billion YoY, from Rs 49 Billion during the 1Q, 2020.
Q 1- January to march ’21 cumulative production totaled 74 million kgs, up by 20 Mn. kg.
FOB price was Rs. 939/= per kilo during the Q1, which is an increase of 13%, from Rs. 827/= during the corresponding period 2020.
FOB price in US $ during the Q1 was US$ 4.77 as against US$ 4.47 during Q1 -20.
March fob in US $ was ($ 4.87) the highest ever.
FOB price during the year 2020 was Rs 867/=per kilo, when compared to Rs 823/= per kilo during the year 2019.
Consequent to this cabinet decision under the caption “Towards a green socio-economic pattern with sustainable solutions to climate change” actions have been taken by SLTB to request stakeholders to encourage them to produce, supply and use organic manure to be set up on each agro- climatic region in large quantities. It was suggested in the SLTB circular that immediate action be taken by TRI to formulate and prepare specifications of organic manure applications covering different applications such as Nursery stage, immature, mature VP and Seedling and recommendations for small holdings etc. The development of the organic fertilizer business needs high tech inputs based on R&D, the required raw material availability and market acceptance based on different crops. The regulatory issues that prohibit or delay arranging import of trial quantities of organic materials (without micro- organism) for R&D evaluation need to be addressed. The necessary guidelines from the regulatory authorities should support development of organic fertilizer at large scale.
(7) Implementation of tea industry strategic plan:
As a solution, we have recommended the stakeholders to follow strategies which includes ‘Integrated weed management system’ and migrate in to offering high quality ‘Ceylon Tea’ with near Zero pesticide & other chemicals to the global market in accordance with our ‘Tea industry strategic plan 20-25’ and CTTA tea strategy-road map.
One of the most striking features of the current operations of the stakeholders is the increased awareness and adherence of the social & environmental considerations at estate level. Ceylon tea is at an advantageous position in the global market viz; other competitors for reasons such as “Zero tolerance” policy on child labour, adherence to environmental considerations on a sustainable basis and of course the quality of Ceylon tea as perceived by the buyers. As a result, Ceylon tea continues to fetch a higher price at the Colombo auction compared to teas from other producing countries, although the cost structures and productivity levels of our estates are totally disproportionate to make the industry commercially viable in short to medium term scenario.
Tea plantations have to therefore pursue environmentally friendly and socially responsible practices & methods in all their agricultural field operations (i) tea manufacturing processes(ii) and managing its employees (iii)to ensure that all-natural resources and eco-systems will be managed in a sustainable manner. The companies will have to make every endeavor to conserve the usage of all resources by optimizing resource utilization and minimizing waste through practicing cleaner production principles. They will strive to be self-sufficient in green energy to operate all our tea factories through harnessing the hydropower potential within all the lands belonging to the company.
There are many strategies recommended by TRI and others such as development of Agro- forestry farming systems using all unutilised estate land to have ‘nitrogen fixation’ as suggested by Chairman TRI. This will improve the soil porosity, provided we issue guidelines instructing them to follow TRI guidelines on Integrated soil fertility management strategies as mandatory good agricultural practices (GAP)towards minimizing soil acidity, top soil erosion and wastage of inputs etc.
As stated, it is a fact that there has been no increase in productivity, but a gradual decline in tea productivity measured in terms of the yield per hectare in Sri Lankan tea estates, partly due to continuous application of chemical fertilizer and due to difficulties in adopting mitigating strategies to arrest negative impact of climate change. This depleted soil condition and land degradation issues need to be corrected as a matter of priority. This proposed strategy will enable the growers at least to correct the high acidity levels in the soil and improve soil porosity and tea product quality.
In sustainability circles much is written about “three pillars of sustainability” or in other words, “triple bottom line” of environment, society, and economy. My own view is this is to confuse ends with means. The Environmental sustainability and Human well-being are two desirable points. Economic wellbeing in the long run is driven by those two. In other words, the necessary precondition for long term economic sustainability and profitability of the tea estates is environmental and social well-being from the long- term perspective.
As for marketing of tea in the global markets, the discerning customers have high expectations of the standards and practices applied by the supply chain including tea estates. For example, Tea” is made according to the principles of “sustainable food” thus providing values to discerning customers, employees and all other stake holders. SLTB global promotion campaign aims to popularize tea drinking around the world in order to expand demand and increase per capita consumption, using three USPs; authenticity means demonstrating sustainability credentials, wellness factor and the premium quality of Ceylon Tea.
If the estate management does not look at long term view, it is unlikely they make profits on a continuous basis. Eventually, the long- term value creation for the shareholders depends on the sustainable development of the estates and the community in which they operate. That is why I consider tea plantation sector as one of the truly complex adaptive systems.
Are we leaving the tea plantations to future generations in a better condition than the one we inherited?
TNGlive relieving boredom
Yes, indeed, the going is tough for everyone, due to the pandemic, and performers seem to be very badly hit, due to the lockdowns.
Our local artistes are feeling the heat and so are their counterparts in most Indian cities.
However, to relieve themselves of the boredom, while staying at home, quite a few entertaining Indian artistes, especially from the Anglo-Indian scene, have showcased their talents on the very popular social media platform TNGlive.
And, there’s plenty of variety – not just confined to the oldies, or the current pop stuff; there’s something for everyone. And, some of the performers are exceptionally good.
Lynette John is one such artiste. She hails from Lucknow, Uttar Pradesh, and she was quite impressive, with her tribute to American singer Patsy Cline.
She was featured last Thursday, as well (June 10), on TNGlive, in a programme, titled ‘Love Songs Special,’ and didn’t she keep viewers spellbound – with her power-packed vocals, and injecting the real ‘feel’ into the songs she sang.
What an awesome performance.
Well, if you want to be a part of the TNGlive scene, showcasing your talents, contact Melantha Perera, on 0773958888.
Supreme Court on Port City Bill: Implications for Fundamental Rights and Devolution
The determination of the Supreme Court on the Colombo Port City Economic Commission Bill was that as many as 26 provisions of the Bill were inconsistent with the Constitution and required to be passed by a two-thirds majority in Parliament. The Court further determined that nine provisions of the Bill also required the approval of the people at a referendum.
Among the grounds of challenge was that the Bill effectively undermined the sovereignty and territorial integrity of Sri Lanka and infringed on the sovereignty of the people. It was argued that several provisions undermined the legislative power of the People reposed on Parliament. Several provisions were challenged as violating fundamental rights of the People and consequently violating Article 3, read with Article 4(d) of the Constitution. Another ground of challenge was that the Bill contained provisions that dealt with subjects that fall within the ambit of the Provincial Council List and thus had to be referred to every Provincial Council for the expression of its views thereon as required by Article 154G(3).
Applicable constitutional provisions
Article 3 of our Constitution recognises that “[i]n the Republic of Sri Lanka, sovereignty is in the People and is inalienable”. Article 3 further provides that “Sovereignty includes the powers of government, fundamental rights and the franchise”. Article 3 is entrenched in the sense that a Bill inconsistent with it must by virtue of Article 83 be passed by a two-thirds majority in Parliament and approved by the people at a referendum.
Article 4 lays down the manner in which sovereignty shall be exercised and enjoyed. For example, Article 4(d) requires that “fundamental rights which are by the Constitution declared and recognised shall be respected, secured and advanced by all the organs of government and shall not be abridged, restricted or denied, save in the manner and to the extent hereinafter provided”. Article 4 is not mentioned in Article 83. In its determinations on the Eighteenth Amendment to the Constitution Bill, 2002 and the 19th Amendment to the Constitution Bill, 2002, a seven-member Bench of the Supreme Court noted with approval that the Court had ruled in a series of cases that Article 3 is linked up with Article 4 and that the said Articles should be read together. This line of reasoning was followed by the Court in its determination on the 20th Amendment to the Constitution Bill.
Under Article 154G(3), Parliament may legislate on matters in the Provincial Council List but under certain conditions. A Bill on a matter in the Provincial Council List must be referred by the President, after its publication in the Gazette and before it is placed in the Order Paper of Parliament, to every Provincial Council for the expression of its views thereon. If every Council agrees to the passing of the Bill, it may be passed by a simple majority. But if one or more Councils do not agree, a two-thirds majority is required if the law is to be applicable in all Provinces, including those that did not agree. If passed by a simple majority, the law will be applicable only in the Provinces that agreed.
Violation of fundamental rights and need for a referendum
Several petitioners alleged that certain provisions of the Port City Bill violated fundamental rights. The rights referred to were mainly Article 12(1)—equality before the law and equal protection of the law, Article 14(1)(g)—freedom to engage in a lawful occupation, profession, trade, business or enterprise— and Article 14(1)(h)—freedom of movement. Some petitioners specifically averred that provisions that violated fundamental rights consequently violated Articles 3 and 4 and thus needed people’s approval at a referendum.
The Supreme Court determined that several provisions of the Bill violated various fundamental rights and thus were required to be passed by a two-thirds majority in Parliament. The question of whether the said provisions consequently violated Article 4(d) and thus Article 3 and therefore required the approval of the People at a referendum was not ruled on.
The Essential Public Services Bill, 1979 was challenged as being violative of both Article 11 (cruel, degrading or inhuman punishment) and Article 14. Mr. H.L. de Silva argued that a Bill that violates any fundamental right is also inconsistent with Article 4(d) and, therefore, with Article 3. The Supreme Court held that the Bill violated Article 11 but not Article 14. Since a Bill that violates Article 11 has, in any case, to be approved at a referendum as Article 11 is listed in Article 83, the Court declined to decide on whether the Bill offended Article 3 as well, as it “is a well-known principle of constitutional law that a court should not decide a constitutional issue unless it is directly relevant to the case before it.”
A clear decision on the issue came about in the case of the 18th Amendment to the Constitution Bill; a seven-member Bench of the Supreme Court held that the exclusion of the decisions of the Constitutional Council from the fundamental rights jurisdiction of the Court was inconsistent with Articles 12 (1) and 17 (remedy for the infringement of fundamental rights by executive action) and consequently inconsistent with Article 3, necessitating the approval of the Bill at a referendum.
When the 20th Amendment to the Constitution Bill sought to restore the immunity of the President in respect fundamental rights applications, the Supreme Court determined that the “People’s entitlement to remedy under Article 17 is absolute and is a direct expression of People’s fundamental rights under Article 3 of the Constitution.”
In the case of the Port City Bill, however, the Supreme Court only determined that certain provisions of the Bill violated fundamental rights and thus required a two-thirds majority, but did not go further to say that the offending provisions also required approval of the people at a referendum.
Perhaps, the Court took into consideration the Attorney-General’s assurance during the hearing that the impugned clauses would be amended at the committee stage in Parliament.
However, Parliament is not bound by the Attorney-General’s assurances. In the absence of a clear determination that the clauses concerned required a referendum as well, Parliament could have passed the clauses by a two-thirds majority. The danger inherent in the Supreme Court holding that a provision of a Bill violates fundamental rights and requires a two-thirds majority but makes no reference to the requirement of a referendum is that a government with a two-thirds majority is free to violate fundamental rights, and hence the sovereignty of the People by using such majority. It is respectfully submitted that the Court should, whenever it finds that a provision violates fundamental rights, declare that Article 3 is also violated and a referendum is necessary, as it did in the cases mentioned.
The need to refer the Bill to Provincial Councils
The Port City Bill had not been referred to the Provincial Councils, all the Provincial Councils having been dissolved. The Court, following earlier decisions, held that in the absence of constituted Provincial Councils, referring the Bill to all Provincial Councils is an act which could not possibly be performed.
In the case of the Divineguma II Bill, the question arose as to the applicability of the Bill to the Northern Provincial Council, which was not constituted at that time. The Court held while the Bill cannot possibly be referred to a Council that had not been constituted, the views of the Governor (who had purported to express consent) could not be considered as the views of the Council. In the circumstances, the only workable interpretation is that since the views of one Provincial Council cannot be obtained due to it being not constituted, the Bill would require to be passed by a two-thirds majority. Although not explicitly stated by the Court, this would mean that if the Bill is passed by a simple majority only, it will not apply in the Northern Province. The Bill was passed in Parliament by a two-thirds majority. The Divineguma II Bench comprised Shirani Bandaranayake CJ and Justices Amaratunga and Sripavan, and it is well-known that the decision and the decision on the Divineguma I Bill cost Chief Justice Bandaranayake her position.
It is submitted that Article 154G (3) has two requirements—one procedural and one substantive. The former is that a Bill on any matter in the Provincial Council List must be referred to all Provincial Councils. The latter is that in the absence of the consent of all Provincial Councils, the Bill must be passed by a two-thirds majority if it is to apply to the whole country. If such a Bill is passed only by a simple majority, it would apply only in the Provinces which have consented.
The Divineguma II determination accords with the ultimate object of Article 154G(3), namely, that a Bill can be imposed on a Province whose Provincial Council has not consented to it only by a two-thirds majority. It also accords with the spirit of devolution.
A necessary consequence of the Court’s determination on the Port City Bill is that it permits a government to impose a Bill on a Provincial Council matter on a “disobedient” Province by a simple majority once the Provincial Council is dissolved and before an election is held. What is worse is that at a time when all Provincial Councils are dissolved, such as now, a Bill that is detrimental to devolution can be so imposed on the entire country. It is submitted that this issue should be re-visited when the next Bill on a Provincial Council matter is presented and the Supreme Court invited to make a determination that accords with the spirit of devolution, which is an essential part of the spirit of our Constitution.
‘Down On My Knees’ inspires Suzi
There are certain songs that inspire us a great deal – perhaps the music, the lyrics, etc.
Singer Suzi Fluckiger (better known as Suzi Croner, to Sri Lankans) went ga-ga when she heard the song ‘Down On My Knees’ – first the version by Eric Guest, from India, then the original version by Freddie Spires, and then another version by an Indian band, called Circle of Love.
Suzi was so inspired by the lyrics of this particular song that she immediately went into action, and within a few days, she came up with her version of ‘Down On My knees.’
In an exclusive chit-chat, with The Island Star Track, she said she is now working on a video, for this particular song.
“The moment I heard ‘Down On My Knees,’ I fell in love with the inspiring lyrics, and the music, and I thought to myself I, too, need to express my feelings, through this beautiful song.
“I’ve already completed the audio and I’m now working on the video, and no sooner it’s ready, I will do the needful, on social media.”
Suzi also mentioned to us that this month (June), four years ago, she lost her husband Roli Fluckiger.
“It’s sad when you lose the person you love but, then, we all have to depart, one day. And, with that in mind, I believe it’s imperative that we fill our hearts with love and do good…always.”
A few decades ago, Suzi and the group Friends were not only immensely popular, in Sri Lanka, but abroad, as well – especially in Europe.
In Colombo, the Friends fan club had a membership of over 1500 members. For a local band, that’s a big scene, indeed!
In Switzerland, where she now resides, Suzi is doing the solo scene and was happy that the lockdown, in her part of the world, has finally been lifted.
Her first gig, since the lockdown (which came into force on December 18th, 2020), was at a restaurant, called Flavours of India, with her singing partner from the Philippines, Sean, who now resides in Switzerland. (Sean was seen performing with Suzi on the TNGlive platform, on social media, a few weeks ago).
“It was an enjoyable event, with those present having a great time. I, too, loved doing my thing, after almost six months.’
Of course, there are still certain restrictions, said Suzi – only four to a table and a maximum crowd of 50.
“Weekends are going to be busy for me, as I already have work coming my way, and I’m now eagerly looking forward to going out…on stage, performing.”
In the meanwhile, Suzi will continue to entertain her fans, and music lovers, on TNGlive – whenever time permits, she said,
She has already done three shows, on TNGlive – the last was with her Filipino friend, Sean.
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