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Editorial

Two peas in a pod

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Monday 3rd April, 2023

The absence of a universal definition of terrorism has not only stood in the way of dealing with the scourge effectively to make this world a better place to live in but also enabled dictatorial governments across the globe to suppress people’s rights and freedoms on the pretext of fighting it.

Sri Lankan political leaders sound like Humpty Dumpty when they define ‘terrorism’, for they want it to mean what they choose it to mean—neither more nor less—and they leave the public wondering, like Alice, whether a word can be made to mean so many different things. In their eyes, anything that threatens their interests is an act of terrorism. Dr. Jayampathy Wickramaratne, PC, deals with this issue comprehensively, in a two-part article, the first installment of which is published on this page today.

The Rajapaksa-Wickremesinghe administration has undertaken to repeal the PTA (Prevention of Terrorism Act) and recently presented the Bill for Anti-Terrorism Act (ATA) as an alternative. In so doing, it has caused quite a stir, and drawn heavy flak from all those who cherish democracy.

The ATA Bill is not without some positives, but, overall, it has been a case of swings and roundabouts for those who are desirous of seeing an end to the outdated anti-terror laws, which are being blatantly abused to suppress the people’s democratic rights and freedoms. The PTA and the proposed ATA, in our book, are Tweedledum and Tweedledee to all intents and purposes.

Sri Lanka is in the current predicament because its ‘leaders’ do not scruple to subjugate its interests to political expediency. They lay everything on what may be called the Procrustean bed of self-advancement. No wonder they introduce draconian laws to safeguard their interests.

One cannot but agree with Dr. Wickramaratne that the very broad definition of terrorism in the ATA Bill leaves room for even strikes to be brought under anti-terror laws, which prohibit “wrongfully or unlawfully compelling the Government of Sri Lanka or any other Government, or an international organisation, to do or to abstain from doing any act; … unlawfully preventing any such government from functioning”. “Causing serious obstruction or damage to or interference with essential services or supplies or with any critical infrastructure or logistic facility associated with any essential service or supply” is also considered an act of terrorism. As Dr. Wickramaratna has rightly pointed out, according to the ATA definition of terrorism, many acts committed during the 1953 Hartal and the 2022 Aragalaya were terroristic! Therefore, the fear that if the proposed anti-terror laws are passed, they will enable the government to crush strikes and protests is not unfounded. In fact, some anti-government activists are already dealt with under the PTA, which the incumbent dispensation has undertaken to repeal.

Ironically, the PTA is being used against some anti-government protesters on the watch of President Ranil Wickremesinghe, who in the early noughties, as the Prime Minister of the UNP-led UNF government and de facto head of state at the time, ensured that the LTTE was given kid-glove treatment. The UNF regime chose to behave in a servile manner in the name of a flawed peace process, despite the LTTE’s many acts of terrorism, which included countless assassinations, especially that of President Ranasinghe Premadasa, and an attempt on President Chandrika Kumaratunga’s life. Some LTTE leaders were given VVIP treatment at the BIA, which they had attacked, but several Aragalaya activists were arrested at the same airport!

Illegal acts committed in the name of Aragalaya should not go unpunished, but protesters must not be dealt with under the anti-terror law, which were not used against the LTTE during the UNF government. The incumbent administration’s duplicity undermines the legitimacy of the country’s laws and erodes public faith therein.

It is only natural that the International Commission of Jurists (ICJ) has expressed serious concern about the ATA Bill. While pointing out that the Bill features certain improvements on the PTA, the ICJ has said, in no uncertain terms, that the other problematic aspects thereof clearly outweigh those positives. The SJB is said to be planning to move the Supreme Court against the ATA Bill.

The need is for a set of anti-terror laws that conform to international standards to protect national security and public safety, and not something like the proposed ATA, which exemplifies the proverbial curate’s egg and is loaded in favour of unscrupulous politicians bent on consolidating their hold on power at any cost.



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Editorial

Hemin, hemin (slowly, slowly)

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The dawn of the New Year 2025 last week, with a new president and a new government enjoying what is being called a “super majority” in parliament raises the inevitable question of whether the country can be made to take a new direction ensuring the promised better life for all its people.

“System change” has been the buzzword since the aragalaya in 2022 compelled first the resignation of then Prime Minister Mahinda Rajapaksa followed by that of his brother, President Gotabaya Rajapaksa who fled the country and tendered his resignation from Singapore. The unlikely ascension of Ranil Wickremesinghe, who had lost his own parliamentary seat in the 2020 general election having led the United National Party to a zero elected seat debacle, followed two years later.

The country was in a shambles with motorists lining up in miles long fuel queues with those seeking cooking gas for their kitchens faring little better. Everything that could go wrong had gone wrong but GR, thankfully, did not order the military and the police to shoot at the rioters at his gates. Wickremesinghe who had entered parliament after much foot dragging via the single National List place won by the UNP was elected to serve the balance Gotabaya Rajapaksa presidential term by the Sri Lanka Podu Jana Peramuna (SLPP), the Rajapaksa party.

He to his credit he was able to restore a semblance of normalcy thanks to negotiating a demanding IMF program and the generosity of India. But this was achieved at great cost to ordinary people burdened with a near unbearable cost of living necessitated by IMF insistence that the government reaches prescribed revenue targets and achieve debt sustainability.

An all pervading Value Added Tax (VAT) rising from eight percent in 2021 to 12 percent in May 2023 and 15% in September that year before being hiked to 18% last year took its obvious toll together with high personal income taxes that sent the middle class reeling.

Although NPP/JVP leader Anura Kumara Dissanayake had just three seats in the last parliament, he comfortably led the field at the last presidential election where none of the front-runners were able to clear the barrier of 50 percent of the total poll forcing a count of preference votes.

But that made little difference with AKD with 42.31 percent well ahead of Sajith Premadasa (32.16%) with Ranil Wickremesinghe trailing with 17.27%. Namal Rajapaksa was a pathetic also ran. But the general election which followed weeks later saw a surge for the winning side with the NPP/JVP winning 159 seats in the 225-member legislature with 61.56% of the national vote, up from the 3.84% scored at the previous parliamentary election.

Wickremesinghe hoped for a mandate on the strength of his long experience and post-aragalaya success but ran as an independent candidate with the backing of his impotent UNP and fragments of the SLPP he was able to win over as president. But the SLPP he had antagonized wanted to run its own candidate and refused to back him, choosing Namal Rajapaksa, the heir apparent of the Rajapaksa dynasty, who threw his hat into the ring after billionaire businessman Dhammika Perera saw the light as E-Day approached. Namal wisely saw the coming colour and chose not to seek election but gain entry to parliament through the SLPP National List. He clearly funked the voters who have thrown the rest of the Rajapaksas into the dustbin of history.

The present regime, and notably its leader, has at least for the present won over a great many unlikely supporters as the parliamentary election results clearly indicate. Diluting memories of the JVP’s violent past, much of it water under the bridges, when many of those who voted last September and November were not even born, the former revolutionaries who twice attempted to seize power violently, became the NPP/JVP with the latter firmly in the driving seat merging seamlessly with over 20 other diverse groups including political parties, workers unions, women’s rights groups and youth organizations. The vast majority of those elected to the incumbent parliament are newcomers barely known outside their own pocket boroughs. So also many members of the cabinet although the powerful ministries are held by JVPers.

There is no doubt that as is the case of cadre based Marxists parties like the JVP which continues to fly the Hammer and Sickle red flag outside its headquarters, a lot of power – more so perhaps than within the cabinet – lies within the Politbureau (or whatever it is called) of the JVP. Early signals have been that there will be no rocking of the boat in the short term. The Colombo stock market galloped to new highs under the new order – although it began losing some steam on Friday – depite dire predictions of a crash under a JVP government. Relations with the IMF are on an even keel and with the staff level agreement reached in November there is no reason to fear interruption of the forward momentum.

The Governor of the Central Bank and the Secretary to the Ministry of Finance under the old order continue in office. Imaginative appointments such as those of Mr. Duminda Hulangamuwa and Dr. Hans Wijesuriya have suggested that the leftist government means business. Many reputed business leaders have been seen at NPP/JVP events pre-election and other occasions where the president was -present. While JVPers were also there, the clear signal is that the private sector is not being given the cold shoulder.

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Editorial

Saving children from corporate greed

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Saturday 4th January, 2025

The government has announced new restrictions on marketing food and beverages for children under the Food (Labelling & Advertising) Regulations 2022. A long-felt need has been fulfilled, but much more remains to be done, given the increasing incidence of obesity, diabetes, etc., among children. Food and beverage manufacturers stand accused of using excessive levels of sugar, salt, oil and food additives to catch them young.

The Ceylon Chamber of Commerce (CCC), has welcomed the new restrictions at issue. Its positive response can be considered the food and beverage industry’s willing compliance. Having helped the Ministry of Health during the consultation process, the CCC is of the view that under the new rules the industry must ensure that children under 12 are not featured in advertisements for food and beverage products and that such products are not advertised or promoted for children below 12 years without prior approval from the Ministry of Health. It says the updated food labelling requirements will empower consumers with essential information, including nutritional values and detailed ingredient lists to make informed food choices.

It is one thing to introduce regulations to protect the public but it is quite another to ensure their enforcement. This country is not short of rules and regulations aimed at preventing unethical and illegal practices the food and beverage industry has earned notoriety for, but the regulatory authorities act in such a way that one wonders whether they are concerned about consumer safety at all. Consumers of all ages are at risk. A young woman was rushed to hospital recently after ingesting a detergent she was mistakenly served instead of a bottled soft drink at a restaurant in Pettah. A police investigation revealed that the restaurant staff had used soft drink bottles to store the surfactant!

The health authorities should go beyond adopting measures such as mandatory labelling and restrictions on advertising to ensure consumer safety. The food and beverage industry must not be allowed to use labelling as a caveat emptor to market products that are harmful to consumers’ health. Action must be taken to remove such products from the market to protect unsuspecting consumers who often overlook the fine print on food and beverage labels.

It is not prudent to expect all food and beverage manufacturers to be truthful in respect of what is mentioned in the labels on their products. Hence the need for random testing besides stringent laws to deal with those who provide misleading or false information to consumers.

There are many products sans labels for sale and how do the health authorities propose to ensure that they conform to the food and beverage safety regulations? Fast food outlets are apparently without any regulation across the country. There is nobody to check the levels of oil and additives in food items they sell, especially fried rice and koththu roti.

A successful campaign to ensure that food and beverages conform to stipulated standards will go a long way towards preventing noncommunicable diseases this country is plagued by and reducing state health expenditure.

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Editorial

Bribe-gate and other unsolved plots

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Friday 3rd January, 2025

A Washington Post report that in January 2024, India’s premier intelligence agency, the Research and Analysis Wing (RAW), began discreet discussions with some Maldivian Opposition politicians to explore the possibility of impeaching President Mohamed Muizzu has created quite a stir in diplomatic and political circles. Citing a document titled ‘Democratic Renewal Initiative’, The Washington Post has claimed that the Maldivian Opposition wanted to bribe 40 MPs including some members of Muizzu’s own party, and 10 senior army and police officers. It has said the plotters failed to gather enough votes to impeach Muizzu, and India did not pursue or finance the bid to oust him. The Maldivian Opposition has denied The Washington Post report, and the reaction of the Indian government was not known at the time of writing.

It has also been alleged that the ruling party in the Maldives engineered defections from the Opposition to thwart the impeachment bid.

Whether The Washington Post report is accurate one may not know, but it has shed light on the vulnerability of smaller states caught up in Great Power rivalry and facing a strategic dilemma. It has also reminded us of a similar allegation former President Mahinda Rajapaksa made following his defeat in the 2015 presidential race. In March 2015, he told The Hindu, that the RAW had conspired with the CIA and MI-6 to rally the Opposition under Maithripala Sirisena’s leadership against his presidency.

Anura Kumara Dissanayake, as an Opposition MP, told Parliament in October 2015 that Jaffna had become ‘a den of RAW spies’ on a mission to destabilise the North. He declared that foreign interference in domestic affairs was detrimental to Sri Lanka’s national interest.

The alleged attempt to bribe the Maldivian MPs including the ruling party members and countermoves evoke one’s memories of a foreign-backed move to bring down a Sri Lankan government by bribing MPs about 17 years ago.

In 2007, following an abortive attempt by the then Opposition to defeat Budget 2008 presented by the Mahinda Rajapaksa government at the height of the Eelam War IV, Dullas Alahapperuma, who was a minister at the time, disclosed at a media briefing that some MPs of the ruling UPFA had been bribed to vote against the budget, as part of a conspiracy to topple the government and derail the war; they had been found in five-star hotels with foreign prostitutes, Alahapperuma said, claiming that the government had fought quite a battle to prevent them from doing what they had taken bribes for. The Rajapaksa government managed to win the budget vote. Alahapperuma stopped short of revealing how that task had been accomplished, but there is reason to believe that the Rajapaksas outbribed their opponents.

Interestingly, on the eve of the 2007 budget vote, an influential western diplomat went in a tuk-tuk, under the cover of night, to a UNP MP’s house in Battaramulla, where a discussion was held on how to defeat the budget. This newspaper reported on his abortive nocturnal mission.

On 21 March 2024, the then Speaker Mahinda Yapa Abeywardena revealed in Parliament that he had been pressured by some foreign powers to take over the executive presidency in violation of the Constitution, at the height of Aragalaya, following President Gotabaya Rajapaksa’s resignation, in 2022. Their intention had been to create, in this country, a situation similar to that in Libya or Afghanistan, Abeywardena said, disclosing that they had gone to the extent of intimidating him when he refused to do their bidding. Some religious leaders were also among those who had exerted pressure on him to take over the presidency, he said. That damning revelation should have prompted the SLPP government to order a high-level probe.

The JVP-led NPP government has chosen to ignore Abeywardena’s aforesaid statement in Parliament. The Opposition, which makes a song and dance about even trivial matters, has also remained silent on this serious issue.

Let the self-proclaimed patriots in the government and the Opposition be urged to have Abeywardena’s claim investigated. As the Executive President, Dissanayake is now in a position to order a thorough probe into the alleged foreign interference in Sri Lanka’s internal affairs during Aragalaya.

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