Features
Unbridled exploitation of natural resources belonging to nation
By Ashley de Vos
Authorities permit the construction of taller, copy-cat buildings, to satisfy their egos totally disregarding the fact that material resources used for these structures are finite and will soon disappear leaving a scar as evidence of the greatest irresponsible destruction to this beautiful island, a nation that belong to all its citizens
Since the advent of the Industrial Revolution, sand, the humblest of materials, is the main material that our modern cities are made of. Sand has become the core of our daily lives. The floors, the walls, the roof, partly in concrete, which is nothing but sand, gravel (metal) and steel glued together with cement. Sand is required to manufacture the glass in the windows, the miles of asphalt, later concrete roads that connect the buildings. Countless trillions of grains of sand is utilised to build the towering structures and we break apart the molecules of individual grains to make tiny computer chips (Vince Beiser. The world in a grain). Today, the construction industry worldwide consumes some $130 billion worth of sand each year (Freedonia Group., World Construction Aggregates 2016).
Sand Mafia
The need to excavate more and more sand, scraping the river beds and even the river banks and the remaining flood plains of the rivers is such that sand mining even threatens bridges. The sand mafia carries on with the greatest confidence, and the possible collapse of a bridge will be blamed on someone else. The holes left in the ground remain as breeding grounds for mosquito-borne diseases such as dengue.
The same applies to the demolition of large boulders and rock escarpments, being dynamited and broken up to provide the rubble and the metal for the construction of large mega structures and highways. In addition, the large blocks and slabs of rock being cut and exported as raw material to earn foreign exchange and for local use. Stone slab paving should not be used in places where people gather, the detrimental effect of the long term exposure to the accumulated radiation naturally present in the stone slabs is anyone’s guess.
The fact that some of these boulders have a significant historical value is of no interest to the suppliers, who supply the material.
Historical Balumgala
One case in point is that a 200-foot-tall boulder on the bank of the Kelaniya River referred to as Ballumgala, on top of which stood King Rajasinghe’s lookout point. Decades ago, the post holes for the timber structure built on the flattened granite top surface were still there. From here the King and his forces could watch the movement of the Portuguese boats plying the Kelani River from Colombo. From this lookout point, he could order the sabotage of the boats in the river, using a simple device. On the opposite bank was the Vidhapu gala. Chains laid across the river connecting the Vidhapu gala with a point near Ballumgala were raised when the Portuguese boats passed. The raising of the chains toppled the boats and threw the Portuguese soldiers into the water and the ready mouths of the many crocodiles that congregated at the spot waiting for the raising of the chains to bring them their next meal!
History ‘demolished’
Today, the boulder is almost no more, completely demolished, excavated and supplied as rubble for construction. This one act has erased an important historic facet of traditional warfare used against the colonial forces that should have been preserved as a memorial to the ingenuity of the local expertise. For some one selling the boulder and breaking it up for rubble, history is less important than greed. In the future, how many similar boulders and rock caves with Brahmi inscriptions will be lost to this enterprise.
From time immemorial all land always belonged to the king. He would issue a copper Sannassa giving access to villages and lands usually to persons who had won his favour in battle or in a similar exercise. Even the so-called Nindagama related to land was issued for use, only to Bukthi Vidinna. It was never on a permanent basis. The King as custodian of the lands, could also take it back, if there was a change in favour. This changed somewhat with the arrival of the colonial powers who usurped ownership of land. The religious orders that came with the Portuguese freely distributed land to their new converts. The Dutch used a similar ruse and used the locally appointed Mudaliers to help maintain the cinnamon plantations and collect taxes and produce for export––in fact, to do the dirty work.
After the British colonial takeover of the island, they declared and even introduced new regulations to usurp village lands. They declared that all land belonged to the Crown. They sold it on 99-year leases, this was the same for the coffee and tea estates as well. After the 99-year lease the land ownership returned to the crown. To be sold to another or to be reacquired. Most of the lands distributed by the British government after the structural expansion of Colombo, even to this date, are lands given to organisations on 99-year leases by the British. The government is reacquiring these lands today.
The Maldivian authorities only offers land for development on short leases. At the end of the lease the land reverts back to the government to do what they please with it. It is the same in Singapore. And similar in most parts of London. Land is leasehold, rearly freehold. An enlightened Sri Lanka should follow a similar principle. Unfortunately, as some assume that Sri Lanka belongs to an organisation or to someone other than the Country and the people of this country, they think they could do what they want with it.
The Archaeological Ordinance of 1941 is very clear, all artefacts found in the ground belong to the Department of Archaeology, as the statutory custodial of all artefacts and historical monuments held on behalf for the government. The land on which they stand though in private hands belongs to the government and the present owners merely Bukthi Vindinawa. Even if the site is important historically there is a process for its declaration and even take over. As such no land could be sold or taken over or passed on by any agency without addressing and obtaining specific permission through the line Ministries concerned, from the people and the country.
Lanka’s marine resources
While Sri Lanka claims that all the resources for a specified hundreds of miles in the ocean, today, under the law of the sea, and extended even further, belongs to the country and its people. Similarly the resources on land as well as in the ocean, including the harbour breakwaters and the groins in the sea also belongs to the country and its people. How could the officers of an Agency that has temporary jurisdiction over some land under its purview for the shortest period, sell the resource to a buyer, local or foreign, when the resource belongs to the people and the country? Did the people of the country give the Agency specific permission to do so? May be it was, a politician who is even more temporary, who entered the space, but has even less right to do so, did. It is the duty of every right minded Official to refuse to be compromised. Could these special Officers stand tall? Sadly there is no one, no, a couple are to be seen.
Ilmenite and Thorium have immense International value, more so in the future. This precious material should then be used for the benefit of the Nation, the country and its people. How could this important and most rare resource be leased out or sold to anyone? The environmental damage, due to the eventual excavation perpetrated on the sand dunes, and the land including the precious Mannar Island, the feeding ground of migrant birds for centuries, will be considerable. Mannar island which is even today just below or just above sea level, with climate change and eminent sea rise is at risk. The excess water discharged into the ocean due to the melting ice caps, will see this small and fragile piece of land completely washed away by the same south west and north east monsoons that helped create the island in the first place. What price is placed on the polluter pays principle for the destruction of the island. How will greed reconstitute the island of Mannar? Why should the country and the people of Sri Lanka eventually lose out?
Eppawala judgment
Dr. Ranjith Amarasinghe, a most worthy son of the soil, issued a judgement on the Eppawela Phosphate deposit, which was to be sold to a multi-national. The judgement is essential reading for all. The priest of the Eppawela temple with the help of activists like Nihal Fernando, the famous photographer, went to court against its sale. The judgement by Dr. Ranjith Amarasinghe, used the law as it stood, and drew the attention of all, to the history, the nation and the people of the nation and presented a masterful document that corrected all. The sale was stopped. There must be more Ranjith Amarasinghe’s amongst us or is it that we are seeing the end of an era, where the Law is no more the Law, with legal eagles spending more time looking for loop holes to serve the perpetrator.
(To be concluded tomorrow)
Features
Trump’s tariffs, AKD’s gazette and Sri Lanka’s diplomatic slumber
“We are rather respectable in Colombo. We go to bed fairly early, and we remain there till morning. “
According to Sri Lanka’s diplomatic folklore, the late S.W. R. D. Bandaranaike uttered these words while explaining the reasons for Sri Lanka’s abstention on the UN resolution condemning the Soviet invasion of Hungary. Apparently, SWRD’s foreign ministry officials were asleep at home when the diplomatic cable seeking instructions was received from New York. In those days, there were no cell phones, Internet, or even fax or telex machines. The diplomatic cables were sent through post offices. Decoding them was a slow and time-consuming process. Thus, the government could not provide appropriate instructions to our mission in New York in time, and the Sri Lankan delegation abstained on that sensitive UN vote.
Sri Lanka’s Absence from Section 301 Consultations
But then, how does one explain Sri Lanka’s absence from the crucial bilateral consultation held in Washington by the Office of the United States Trade Representative (USTR) during March-April on “Forced Labour” under the Section 301 of the US Trade Act of 1974? Didn’t our foreign and trade ministries send appropriate instructions to Washington in time? Even if the instructions from the foreign ministry were transmitted to our embassy in Washington by pigeon carriers, there was enough time for Sri Lanka to participate in those meetings.
In March, the USTR initiated these 301 investigations on 60 trading partners, and invited all of them for confidential consultations. Out of the 60, 46 participated in these consultations. Sri Lanka was not one of them. Other countries that didn’t participate in these consultations included China, Russia, and Venezuela! In addition to that, the Section 301 Committee conducted a public hearing with interested parties on April 28 and 29. Washington-based diplomats, representatives from few trade ministries as well as representatives from many foreign trade associations and chambers participated in these hearings. Sri Lanka was once again conspicuously absent.
As a result, when the USTR published the proposed forced labour tariffs on June 2nd, Sri Lanka ended up with a 12.5% duty. Pakistani and Indonesian diplomats participated in these consultations and took appropriate follow-up measures, and managed to enter the 10% duty category. As even a threat of a modest tariff hike could disrupt supply chains and reduce competitiveness, particularly in an industry such as garments, I discussed this issue on 15 June and underscored the importance of Sri Lanka’s participation at the next hearing, which was scheduled to be held from July 7th .
Awakening from Diplomatic Slumber and AKD’s Gazette
Fortunately, Sri Lanka finally awoke from weeks of diplomatic slumber, and Ambassador Mahinda Samarasinghe participated in the public hearing on 9 July, and promised, “…. · We have agreed to the text in our negotiations with the USTR on forced labour, …. The gazette as we speak is being printed and I’m getting the gazette tomorrow morning, and the gazette will be shared with USTR as I get it“.
As promised, President Anura Kumara Dissanayake issued a gazette on 10 July banning the imports of goods produced by forced labour. These new regulations are very similar to what Pakistan and Indonesia enacted in April, after their consultations with USTR in March. Why couldn’t we do it in April? Why did we wait till the very last minute?
Challenges ahead
“War is too important to be left to generals alone,” is a famous saying attributed to former French Premier Georges Clemenceau. Similarly, monitoring our main markets is too important to be left to diplomats alone. The United States is the largest single-country market for Sri Lanka. Therefore, Sri Lankan trade chambers and associations should become more proactive in these markets and participate in these events. For example, the chairman of the Pakistani apparel exporters association participated in the April hearings. Similarly, representatives from the Indian Agricultural and Processed Food Products Export Development Authority, the Federation of Indian Chambers of Commerce and Industry, the Confederation of Indian Industry, and Reliance Industries also participated in July hearings. At an event where each speaker is given only five minutes (strictly enforced), having a number of speakers from a country is an advantage. The presence of industry representatives in these kinds of events also help them understand the market dynamics and the future challenges. This is important, particularly because there will be many more challenges with Trump’s tariffs.
With the gazette issued on 10 July, Sri Lanka has imposed a prohibition on the importation of goods produced with forced labour. Now, the challenge will be to effectively enforce the prohibition. And what are the goods produced with forced labour? The USTR list only focuses on aluminum, cotton, electronics, lithium-ion batteries, rice, and tobacco. However, according to the U.S. Department of Labour, the list is much longer. Hence, this list may change continuously during the next two years and tariffs may fluctuate once again.
So, this is definitely not the time to slumber.
(The writer, a retired public servant, can be reached at senadhiragomi@gmail.com)
by Gomi Senadhira ✍️
Features
Tales of Mystery and Suspense 10 Casino for Sale
After the overwhelming grotesquerie of J K Rowling’s latest Cormoran Strike novel (written, I should have noted, as the others were, under the pseudonym Robert Galbraith), I thought I should return to the world of fun, and also a much shorter description since this thriller moves quickly without the layers of detail that Rowling engages in.
I then move to the second comic thriller by Caryl Brahms and S J Simon. This, their second story to feature Vladimir Stroganoff and Adam Quill, was Casino for Sale, as lunatic a romp as the first, though without the emphasis on the ballet that characterized A Bullet in the Ballet.
This one begins with the impresario Stroganoff buying a casino cheap from Baron Sam de Rabinovich, only to find that it was a rundown place, not the grand casino of La Bazouche, a resort on the Frenc+h Riviera, as he had initially thought. The grand one belonged to Lord Buttonhooke, and Stroganoff could not compete, until he thought of bringing the Ballet Stroganoff to the casino – which of course leads to Buttonhooke deciding to have ballet performances in his Casino too.
Stroganoff invites Quill to visit him, which Quill decides to do since he has left Scotland Yard, having come into a legacy. No one believes this, and he has to face questions as to what he did to have been sacked, with sympathy for having been found out.
The day he arrives in La Bazouche there is a murder, of a vitriolic critic called Citrolo, in Stroganoff’s office. He had been going to write a damning review of the opening night of the ballet and Stroganoff, when he realizes Citrolo cannot be swayed, drugs him and dictates the review himself to the papers. He leaves Citrolo sleeping and finds him shot the next morning, whereupon he decides to muddy the waters and leave a suicide note and lots of other murder weapons. So much overkill, as it were, of course ensures that he is arrested.
But the excitable French detective who makes the arrest follows up his suggestion that Buttonhooke was also involved, and so the two casino owners find themselves in cells next door to each other, with the detective Gustave quite happy to provide creature comforts for a fee.
Quill decides he must investigate, and finds Gustave most cooperative, since he has a laid back attitude to work. So it is Quill that finds a notebook which makes it clear Citrolo is an accomplished blackmailer, and that there are lots of possible murderers, including Stroganoff’s croupier, who was crooked, Rabinovich, who was now working for Buttonhooke, a confidence trickster called Kurt Kukumber, whose prospectus for a dud gold mine was found in the office and Prince Alexis Artishok who was engaged in a deal to buy diamonds from the ballerina Dyra Dyrakova.
Stroganoff had been trying to get Dyrakova to dance for him, but having done so previously she had refused. But then to Stroganoff’s chagrin she agreed to dance for Buttonhooke. The clearly crooked Artishok had told Buttonhooke’s mistress Sadie Souse, who was not very bright, that Dyrakova possessed diamonds she was willing to sell cheap, and Sadie was determined to have them.
Quill meanwhile finds out that there was a secret passage to Stroganoff’s office, the obvious solution to what had begun as a locked room mystery, and that this was known by almost everyone apart from Stroganoff himself. And then Rabinovich is murdered, just after Gustave had released his two original suspects, leading him to blame Quill for having insisted on that and thus allowing them to kill again.
Soon afterwards Dyrakova arrives, and the town is full of posters announcing that she will appear in the casinos, elaborate posters for either one, since Stroganoff is determined that she will dance for him, and if she does not come willingly, he has devised a scheme to make her do so unwillingly. So, though Buttonhooke has her taken off to his yacht immediately she arrives at the station, Quill along with Arenskaya gets her into a launch and to Stroganoff’s casino, where she performs to tumultuous applause, not knowing for whom she is dancing.
When Quill asked her about the diamonds, she said she had sold them long ago, and that gave Quill the solution to the mystery. Rabinovich had known about this, and Artishok had killed him to prevent Sadie learning it from him, he had killed Citrolo who had recognized him for an accomplished card sharper, not a Russian prince at all. But before he is arrested, he gets away in a boat, and the police launch that pursues him is on the point of catching him up when it runs out of petrol.
Again, lots of excitement, and entertaining references – Gustave grows marrows – and if not quite as brilliant as its predecessor, Casino was certainly a delightful read.
Features
The challenge of being positive about SAARC
It was a few years back that a former President of Sri Lanka took it on himself to pronounce SAARC ‘dead’. Since then there have been other sections of Sri Lankan opinion that have joined the critics of SAARC and taken the solemn stance that SAARC has indeed died what may be called a natural death.
Their fatalism is understandable. SAARC has failed to meet at heads of government or state level for the past several years to take the SAARC process notably forward. Regional cooperation has more or less been only an appealing idea. No substantive concrete projects have taken off to make the idea a hard reality. ‘Inner paralysis’ seems to be SAARC’s lot. Hence the fatalism in these circles.
However, being one of the worst cash-strapped regions of the world and a teemingly populated one with people virtually left to their devices, what choices do the ‘SAARC Eight’ have other than to try their best to band together and continue with their cooperation efforts, however small they may be?
There is no escaping the mounting debt trap for many of these countries and bankrupt Sri Lanka is a glaring example, but ‘throwing in the towel’ and abandoning themselves entirely to the diktats of the strongest economies and their agencies will prove a ‘living death’ for many countries in the SAARC fold.
The gains may be meagre but giving-up on SAARC cooperation in full would prove self-defeating for the organization and South Asia. Right now, the collective intention ought to be to salvage what the region could from the tenuous cooperative efforts. Moreover, such initiatives could go some distance to generate a degree of goodwill among the Eight and help in sustaining a dialogue process.
Given this backdrop it proved ‘a stich in time’ for the Regional Centre for Strategic Studies (RCSS), Colombo, to recently host the SAARC Secretary General Ambassador Md. Golam Sarwar to a round table discussion on the unifying potential of SAARC and its future possibilities, besides other related issue areas.
Held on June 24th and moderated by RCSS Executive Director and former ambassador Ravinatha Aryasinha, the forum brought together a vibrant, wide ranging audience comprising academicians, diplomats, senior public servants, civil society activists and many others. Following the presentation by Ambassador Golam Sarwar titled, ‘Reigniting SAARC: Achievements, Challenges and the Way Ahead’, a lively Q&A followed.
The above forum could be described as an act of lighting the proverbial ‘candle’ rather than ‘cursing the darkness.’ It surely is a ‘darkness’ that could be seen as daunting considering that the region’s pivotal powers, India and Pakistan, are failing to act in a spirit of accord but are engaged in bitter finger-pointing on a number of questions of vital importance to SAARC.
On the other hand, what is the rest of the region doing to bring the above sides together? It is disappointing that to date the rest of SAARC has failed to launch a major diplomatic drive to bring peace between the feuding regional heavyweights. It needs to act without delay and establish its earnestness and this effort would need to prove SAARC’s staying power in the unfolding months and even years.
In assessing SAARC’s seeming failure local opinion in particular has failed to factor in what could be described as weak leadership. Since Sheikh Mujibur Rahman of Bangladesh, the founding father of SAARC, the region has failed to produce a visionary leader who could advance the SAARC cause with charisma and drive.
Among other reasons, weak leadership accounts considerably for the faltering and stuttering status, as it were, of SAARC. Badly needed are leaders who could go the extra mile, think less of narrow national interests and work diligently towards the collective well being of the region but SAARC’s millions of ordinary people have been made to wait in vain for leaders of such stature. Instead, they have been burdened with politicians who seem to be relishing the apparently moribund state of SAARC.
Looking back, it could be said that it was the dynamic leadership factor that led to the launching of the Non-Aligned Movement and for its sustenance for a few decades. True, it could be seen in some quarters that NAM is no more, but as in the case of SAARC, the former too has been unfortunate to be burdened over the years with politicians who lack the vision and drive to unflaggingly advance the fortunes of the South. NAM and SAARC lack the dynamism and vision of leaders of the stature of Jawaharlal Nehru, for example, to give them the required guidance and intellectual depth.
The reasons are complex for there not being among us currently political leaders with the vision and the steadfast commitment to advance the legitimate interests of the South. However, it could be stated with conviction that the majority of Southern leaders have too easily caved in to the demands of the global North and its financial agencies.
These leaders have failed to see, for instance, that the largely market economy oriented Northern governments would not view with favour a centrist economic model that attaches priority to the interests of the dis-empowered publics of the South. This realization ought to have dawned on the current government in Sri Lanka, for instance, some while ago but it has no choice but to abide by IMF dictates since economic survival at present is unthinkable without the latter’s succour.
Accordingly for SAARC this should be the time for some soul-searching. Priority needs to be attached to ending the feuding between India and Pakistan since at present the material fortunes of the region hinge largely on these regional giants giving peaceful relations among them a try. This is no easy challenge to meet but some daring, visionary diplomacy needs to take hold among the rest of SAARC.
There is some sense in SAARC bringing the peoples of the region together through programs that address their best collective interests. A meeting of minds among SAARC nations could enable SAARC and its agencies to build a region-wide people’s movement for progressive political and economic change that could in turn lead to the region’s political leaders sensitizing themselves more to the neglected needs of their publics.
However, the time is ‘now’ for the initiation of these progressive changes and the voice of SAARC well wishers would need to drown out those of their critics.
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