News
TISL: Govt. sidesteps RTI queries pertaining to Adani operation
Transparency International Sri Lanka (TISL) complains that the relevant authorities are reluctant to respond to Right to Information (RTI) queries sent in respect of Sri Lanka’s agreements with Adani Green Energy (Sri Lanka) Ltd.
The following is the text of statement issued by TISL yesterday: Transparency International Sri Lanka (TISL) has filed a series of Right to Information (RTI) requests with public authorities seeking crucial information regarding the transparency, legality, evaluation process, pricing, government involvement, and the Environmental Impact Assessment (EIA) related to the Wind Power Project in Mannar and Pooneryn, involving India’s Adani Group.
Earlier this year, Adani Green Energy (Sri Lanka) Ltd. was provisionally approved for two wind power plants of 250 MW in Mannar and 234 MW in Pooneryn. TISL is deeply concerned about the lack of transparency surrounding this project, which has raised significant economic and ecological concerns.
Recently it was reported that Sri Lanka will be paying a fixed price of 8.26 US cents per KW (subject to payment in Sri Lankan Rupees as per the actual foreign exchange rate) generated from wind power over the next 20 years. The relevant proposal forwarded by the Power and Energy Minister received the Cabinet approval on May 6, 2024. This unit price contrasts starkly with the current global price, and the continuously decreasing costs associated with wind power generation. According to the statistics of the International Renewable Energy Agency (IRENA), the global weighted average levelized cost of electricity (LCOE) of onshore wind fell by 56%, from 8 US cents to 3 US cents per KW between 2010 and 2022.
Additionally, senior environmentalists have warned about irreversible ecological damage to the Mannar Corridor, one of the world’s critical migratory bird corridors, due to the installation of wind turbines in the area. Concerns have also been raised about the credibility of the Environmental Impact Assessment (EIA) process.
In light of these serious concerns, TISL has filed a total of 11 Right to Information (RTI) requests with key government bodies, including the Office of the Cabinet of Ministers, Power and Energy Ministry, Finance Ministry, Sustainable Energy Authority, Central Environmental Authority (CEA), Ceylon Electricity Board (CEB), and Ministry of Tourism and Land. These requests primarily seek information on:
1. Transparency and legality of the bidding process: Details on whether the Government of Sri Lanka called for bids and if all the bids/proposals were received.
2. Evaluation and selection process: Criteria and indicators used to award the Project to Adani Green Energy Ltd, individuals involved in the bid evaluation and winner selection process, and clarification on whether the Wind Power Project is a government-to-government arrangement.
3. Pricing and cost benefits: Documentation demonstrating energy and cost benefits for Sri Lanka, unit price decided for the Project, and justification for any pricing higher than market rates.
4. Need and risk assessments: Details about need assessment and risk assessment conducted for the Project, and mitigation methods outlined for potential risks.
5. Decision-making process: Information regarding Cabinet approval for unsolicited proposals, responses to Request for Proposals, and certified copies of all documentation, communications, analyses, assessments, and reports/minutes related to the decision-making process.
6. EIA: Documentation detailing the analysis and decision of the Central Environment Authority to grant approval based on the EIA.
7. Land Acquisition: Whether the land acquisition in Mannar and Pooneryn was approved by Cabinet, whether the procedure laid out in the Land Acquisition Act is being followed, and documents detailing the locations, extent and the demarcation of the lands approved for acquisition.
TISL notes that it has not received comprehensive and timely responses to most of these queries so far, and therefore has resorted to the next step of appealing to relevant designated officers of the authorities.
TISL urges the government to commit to upholding transparency of this crucial project and to address the concerns raised, for the greater good of the country and its people, as the trustees of our nation’s public resources.
News
INS Airavat makes port call in Colombo
The Indian Naval Ship (INS) Airavat arrived at the Port of Colombo for Operational Turnaround on 01 Jun 26. The visiting ship was welcomed by the Sri Lanka Navy (SLN) in compliance with time-noured naval traditions.
INS Airavat is a Landing Ship Tank, commanded by Commander IP Patil.
During their stay in the island, the ship’s crew is scheduled to take part in a series of professionally enriching events and camaraderie-building programmes organised by the Sri Lanka Navy.
The Indian naval personnel will also tour several historic and prominent tourist attractions across the country before the ship concludes her deployment.
News
BASL asks govt. to abandon plan to raise retirement ages of CA and SC judges
… tells Prez such arbitrary change neither necessary nor desirable
The Bar Association of Sri Lanka (BASL) has urged President Anura Kumara Dissanayake to abandon the controversial plan to increase the retirement age of the judiciary, including the Court of Appeal and the Supreme Court.
In a statement issued by the BASL President Rajeev Amarasuriya and its Secretary Nalin de Silva, the BASL pointed out that the proposed increase of the retirement age of the judiciary would undermine the independence, integrity, dignity, and public confidence in the Judiciary, which is essential for the maintenance of the Rule of Law and democratic governance in Sri Lanka.
The text of the BASL statement: “The Bar Association of Sri Lanka (hereinafter referred to as “BASL”) notes with grave concern reports in the public domain that the Government is considering the introduction of an amendment to the Constitution to increase the age of retirement of Judges of the Court of Appeal and the Supreme Court.
It is the considered view of the BASL that the age of retirement of the judges of the Court of Appeal and the Supreme Court which has stood at 63 years and 65 years respectively from the promulgation of the 1978 Constitution, should not be changed arbitrarily and that such a change is neither necessary nor desirable.
To do so will result in the loss of public confidence in the integrity of the legal system and of the Government’s commitment to preserve and protect the rule of law and the independence of the judiciary. Members of the public are likely to question the motives of the Government in bringing in a Constitutional amendment solely for this purpose.
Your Excellency is no doubt aware that the cadre of the Judges of the Court of Appeal was increased from 12 to 20 Judges (including the President of the Court of Appeal) and that of the Supreme Court from 11 to 17 Judges (including the Chief Justice) by the 20th Amendment to the constitution certified on 29th of October 2020. With such enhancement, workwise, there cannot be a real requirement to extend the retirement ages of these judges.
Your Excellency is aware that altering the retirement age of judges of the apex courts would have to be done through a Constitutional amendment. For many years Sri Lanka’s Constitution has been subject to ad hoc amendments, sometimes in order to cater to the political needs of the government in power and often contrary to the interests of the rule of law, the independence of the judiciary and the judiciary.
Extending the retirement age of the sitting Judges of these Courts at this point of time is likely to be viewed by the public as a blatant attempt to interfere with the judiciary. We believe that to go ahead with such an ad hoc move will also be an affront to the Honourable Judges of those courts.
If the Government goes ahead with such a move it will set a dangerous precedent for future Governments too to introduce ad hoc amendments to the Constitution in respect of the functions of the Judiciary.
The independence of the Judiciary and the public confidence reposed in it, are indispensable pillars of the Rule of Law and the democratic framework of our Republic. In that regard, it is of paramount importance that the Judiciary must not only remain independent in fact, but must also be seen by the public to be wholly independent, impartial, and free from even the slightest perception of influence, favour, accommodation, or impropriety.
The Bar Association of Sri Lanka is therefore constrained, in the discharge of its duty to uphold and safeguard the Rule of Law and the independence of the Judiciary, to respectfully express its serious concern regarding any such proposed amendment, which is neither in the interests of the Judiciary and nor of the people.
In the circumstances, the BASL respectfully urges Your Excellency not to proceed with any proposed constitutional amendment seeking to increase the retirement age of the members of the Judiciary including Judges of the Court of Appeal and the Supreme Court.
We remain confident that Your Excellency will give due consideration to the importance of preserving and protecting the independence, integrity, dignity, and public confidence in the Judiciary, which is essential to the maintenance of the Rule of Law and democratic governance in Sri Lanka.”
Govt. declines to respond
A member of the Cabinet yesterday declined to comment on the BASL’s letter to President Anura Kumara Dissanayake. The Minister said that he wouldn’t comment for the time being.
News
New US tariffs proposed on 60 countries, including Sri Lanka
12.5% additional duties on goods imported from Colombo
The US has proposed additional duties of 10% or 12.5% on imports from 60 economies, including Sri Lanka, over their alleged failure to curb trade in goods made with forced labour.
The proposal made by US Trade Representative’s (USTR) office in terms of Section 301 unfair trade practices investigation to be released, news agencies reported, pointing out that the Trump administration was seeking to rebuild its emergency tariffs, which were struck down by a US Supreme Court decision in February.
The USTR said it determined that it would impose 10% duties related to the forced labour investigation on imports from Canada, Ecuador, the European Union, Indonesia, Mexico, Pakistan, Argentina, Bangladesh, Cambodia, El Salvador, Guatemala, Indonesia, Malaysia, Taiwan and Britain.
The trade agency said it would impose additional duties of 12.5% on the remaining 45 countries that were investigated.
“The failure of our most important trading partners to address the importation of goods made with forced labour is unacceptable,” US Trade Representative Jamieson Greer said in a statement. “This creates a dynamic where American workers are forced to compete globally on an unlevel playing field.”
According to the trade agency, the USTR found that Sri Lanka has failed to impose and effectively enforce a forced labour import prohibition.
The USTR noted that the results of its investigation indicate that the acts, policies and practices of Sri Lanka related to the failure to impose and effectively enforce a forced labour import prohibition are unreasonable and burden or restrict US commerce.
Accordingly, it has proposed to impose 12.5% additional duties on goods imported from Sri Lanka.
The USTR said it also was proposing a textile mechanism that would allow for a certain volume of apparel and textile imports to enter the US at a reduced tariff rate, though the duties and volumes were not disclosed.
The announcement comes ahead of the July 24 expiration of a 10% temporary tariff imposed by the Trump administration on February 20, the day the Supreme Court struck down US President Donald Trump’s tariffs under the International Emergency Economic Powers Act.
On Monday, the USTR proposed a 25% duty on many Brazilian goods as a result of a Section 301 investigation into the country’s digital trade practices and preferential tariffs. The trade agency is also expected to soon unveil the findings of another major Section 301 probe into the buildup of excess industrial capacity in 16 trading partners, including China.
In the forced labour findings, the USTR said it would exempt from the tariffs a number of products, including energy, rare earths and certain other metals, beef, coffee, certain fruits and vegetables, pharmaceuticals, organic chemicals and aircraft parts.
The USTR said it would accept public comments on the proposed tariffs and other remedies through July 6, with a public hearing scheduled for July 7.
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