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‘UNHRC missive exposes UK duplicity in grave accountability matters’

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By Shamindra Ferdinando

Wartime Foreign Minister Rohitha Bogollagama says that the leader of Sri Lanka Core Group at the Geneva–based United Nations Human Rights Council (UNHRC) the United Kingdom’s policy of double standards has been challenged by no less a person than UN High Commissioner for Human Rights Michelle Bachelet.

Bogollagama said that the Bachelet warning couldn’t have been issued at a better time as the UK stepped up pressure on Sri Lanka over accountability issues. The former FM was responding to Bachelet’s declaration on April 12 that the proposed new Overseas Operations (Service Personnel and Veterans) Bill, in its current form, would undermine key human rights obligations that the UK has committed itself to respect.

The UK is a member of the UNHRC. Bogollagama pointed out that Bachelet had called for amendments to the proposed Bill to ensure that it didn’t protect British personnel deployed overseas for acts of torture and other serious international crimes.

The Bill is now reaching its final stages in the legislative process, and will shortly be debated again by the House of Lords, the UK’s upper chamber, where amendments may still be made.

In the run-up to the Geneva vote on a resolution spearheaded by the UK on March 23, SLPP Chairman and former External Affairs Minister Prof G.L. Peiris questioned the rationale in British actions. Prof Peiris asked how the UK sought protection for its armed forces deployed outside their territory whereas it sought punitive measures against Sri Lanka for fighting terrorism in its own land.

Bogollagama said that British double standards should be examined taking into consideration the UK’s current membership in the UNHRC as well its role as the leader of Sri Lanka Core Group. The Core Group members include Germany and Canada.

Bogollagama who served as the Foreign Minister during the fourth phase of the war (2007-2010) alleged that the UK adopted an extremely hostile position primarily because of domestic political reasons. Wikileaks disclosed the true extent of Tamil Diaspora influence on the British political establishment, Bogollagama said. So much so, the UK allowed the Global Tamil Forum (GTF) to announce its formation in the House of Commons in early 2010, the former Minister said. Would the UK accept Geneva advice as regards the proposed Bill, Bogollagama asked, those who voted for the resolution moved against Sri Lanka and abstained to realise that the UK’s stand in respect of Colombo was political.

The UK succeeded the US as Sri Lanka Core Chair in 2018 after the latter quit the Geneva body in a huff calling it a cesspool of political bias.

The purpose of the controversial British Bill is stated as being “to provide greater certainty for Service personnel and veterans in relation to claims and potential prosecution for historical events that occurred in the complex environment of armed conflict overseas.” British Forces played significant roles in the invasion of Iraq and Afghanistan. The Bill seeks to achieve this, in particular, by introducing new preconditions for the prosecution of alleged offences covered by the Bill.

“As currently drafted, the Bill would make it substantially less likely that UK service members on overseas operations would be held accountable for serious human rights violations amounting to international crimes,” the UNHRC statement dated April 12 quoted Bachelet as having said.

It stated that in its present form, the proposed legislation raises substantial questions about the UK’s future compliance with its international obligations, particularly under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), as well as the 1949 Geneva Conventions. These include obligations to prevent, investigate and prosecute acts such as torture and unlawful killing, and make no distinction as to when the offences were committed.

Responding to another query, Bogollagama said that Bachelet’s statement exposed the British hypocrisy. While demanding accountability on the part of Sri Lankan military on the basis of unsubstantiated war crimes accusations, the British deprived Geneva of wartime dispatches (January-May 2009) from its High Commission in Colombo in a bid to facilitate the campaign against Sri Lanka, former minister Bogollagama said.

The British exposed their hostile intentions when London turned down Sri Lanka’s request to hand over those dispatches to Geneva, the ex-lawmaker said, urging the government to continuously highlight the need for examination of all available evidence by the proposed new Geneva inquiry unit appointed at a cost of USD 2.8 mn.

Bachelet’s request to the UK was interesting, Bogollagama said. The former minister was referring to Bachelet’s appeal: “I urge UK legislators in both Houses of Parliament, and the Government, to take these concerns fully into account when reviewing the Bill, and to ensure that the law of the United Kingdom remains entirely unambiguous with regard to accountability for international crimes perpetrated by individuals, no matter when, where or by whom they are committed.”



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Police failure to contain May 2022 violence explained

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Police inaction to prevent arson attacks against SLPP politicians in the Western province on May 9 may have been due to orders not to carry weapons to deal with protesters, a new investigation has revealed.A review of the role of the police at the time showed Senior Deputy Inspector General Deshabandu Tennakoon had ordered all officers under him to ensure that no personnel were issued with arms and ammunition in the run up to the May 9 violence.

In his two-page instructions to DIGs, SSPs, SPs, ASPs and officers in charge of all stations in the districts of Colombo, Kalutara and Gampaha, Tennakoon had said no weapons or ammunition should be issued under any circumstances to officers deployed to deal with the protesters.

This order dated May 5 had not come to the attention of a three-member investigation panel headed by former navy chief Wasantha Karannagoda appointed to look into the security lapses. However, the panel had uncovered an order similar to that of Tennakoon issued by the then army chief Shavendra Silva.

Deploying police without even their own personal protection is seen as a violation of departmental orders and an internal investigation had begun, a top official source said.Meanwhile, the private residence of President Ranil Wickremesinghe was torched despite 400 air force men being deployed to protect it. The airmen did not open fire to deter a handful of attackers who scaled walls to enter the premises and set it on fire.

Instead of dealing with the arsonists, a police Special Task Force (STF) unit outside the Fifth Lane residence of Wickremesinghe attacked a television crew angering the protesters and encouraging more people to congregate there.

Several people identified through CCTV footage have already been arrested in connection with the arson at Wickremesinghe’s residence.However, action is yet to be taken against police and security personnel who failed to ensure law and order.

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SL will engage major T-bond holders for voluntary optimization: Governor

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ECONOMYNEXT –Sri Lanka will not re-structure Treasury bills outside of central bank holdings and will engage with major T-bond holders for voluntary ‘optimization’ Governor Nandalal Weerasinghe said.

“There will be some treatment on central bank held Treasury bills,” Governor Nandal Weeasinghe told a creditor presentation Thursday.

“Other Treasury bill holdings will not be treated. Treasury bonds we envisage voluntary optimization.”

Sri Lanka has to at least extend the maturities of bonds to reach a gross financing need target averaging 13 percent of GDP in 2027-2032 based on projections in an IMF debt sustainability analysis. Of that foreign debt service has be below 4.5 percent of GDP on average.

“Local currency creditors participation in a debt optimization will help reaching the DSA targets,” Treasury Secretary Mahinda Siriwardena said.

“Authorities are exploring options for domestic debt operations aimed at liquidity relief while preserving financial stability to avoid further eroding Sri Lanka’s repayment capacity.”

The government and advisors will “invite consultations with major T-bond holders to gauge options and constraints”, he said.Governor Weerasinghe and Treasury Secretary Mahinda Siriwardene said Sri Lanka is likely to outperform the growth targets in the IMF debt sustainability analysis given past history. The IMF DSA is projecting 3.1 percent growth in the next few years.

Sri Lanka grew at rates around 4 to 5 percent during a 30 year war, but growth started to fall after serial currency crises hit the country under flexible inflation targeting with output gap targeting (monetary stimulus) during peacetime. In 2020 taxes were also cut for stimulus, going beyond open market operations and outright purchases of bonds seen earlier.

Meanwhile state spending went up from 17 to 20 percent of GDP under state expansionist revenue based fiscal consolation after spending based consolidation (cost cutting) was thrown out of the window from 2015 to 2019, critics say.

Sri Lanka is now trying to cut spending and excessive growth of the public sector, based on normal economic principles, to limit the burden of the unaffordable state on productive sectors and the poor, while preserving essential spending.According to the latest IMF program, fiscal consolidation will be “primarily” revenue based.

Sri Lanka’s Treasury bill and bond yields were higher than required due to uncertainty over whether they will be re-structured and the so-called ‘gilt’ status will no longer apply.

The lack of an early cut off date for domestic debt is a key problem in the IMF’s current debt resolution framework as domestic bond buyers are the last resort lenders after most foreign creditors stop lending, when the IMF says a country’s debt is no longer sustainable.

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Sri Lanka and debt advisors will engage with major Treasury bond holders, Weerasinghe said.

Key T-bond holders are Employment Provident Fund, Employment Trust Fund, insurance companies and banks.

Sri Lanka is also conducting an asset quality of review of banks.

Based on its results a debt optimization options will be offered paying attention to asset liability mis-matches, Weerasinghe said.

By preserving banking sector stability foreign investors are more likely to get repaid.

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BASL slams attempts to hinder Saliya Pieris, PC, appearing for a client

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The Bar Association of Sri Lanka (BASL) has issued a statement on the recent string of protests launched against former BASL President Saliya Pieris’s decision to represent a client who had retained him. In the statement signed by BASL President Kaushalya Nawaratne and Secretary Isuru Balapatabendi, the BASL noted that the protests in question not only hinders the senior lawyer’s right to represent a client, but also acts as an attack on the profession at large.

Further, they noted that Article 13(3) of the Constitution of Sri Lanka specifically guarantees every person the right to a fair trial and the right to be represented by a lawyer of their choice.

The BASL also cited the 2019 Supreme Court judgment delivered in a landmark case together with the Judicature Act, the Code of Criminal Procedure and the Civil Procedure Code in favour of their argument. The Bar Association strongly demanded that the relevant authorities ensure that Pieris’s professional duties and safety remain unhindered.

Excerpts from text of the statement:

“The Bar Association of Sri Lanka (BASL) observes that there has been a series of organized protests in Colombo, in relation to Mr. Saliya Pieris PC, the Former President of the Bar Association of Sri Lanka, conducting his professional duties with regard to a particular client.

“We are of the view that the said protest, not only seriously hinders his right to represent a client, a professional right which has been safeguarded by law, but also an attack on the profession at large.

“In the case of Wijesundara Mudiyanselage Naveen Nayantha Bandara Wijesundara v Sirwardena and Others (SCFR 13/2019), the Supreme Court observed that: ‘The first piece of legislation passed by the Parliament soon after the promulgation of the 1978 Constitution was the Judicature Act No. 02 of 1978.

‘As the administration of justice in any civilized society cannot be effectively implemented without lawyers, the legislature in its wisdom, through the Judicature Act, established the legal profession. Thus, there is no dispute that the legal profession is a sine qua non for the due administration of justice in this country and for that matter in any civilized society. The said profession is essential for the maintenance of the Rule of Law and maintenance of law and order and its due existence is of paramount importance to the organized functioning of the society which is primarily the basis for the smooth functioning of the country as a whole.’

“Our constitution specifically guarantees the right to legal representation in Article 13(3) and

the Civil Procedure Code also provides for the right to legal representation in civil cases. Specifically, Section 24 of the Code allows parties to be represented by lawyers or other authorized representatives in court.

“Overall, Sri Lankan law recognizes and protects the right to legal representation, both in criminal as well as civil cases.

“Therefore, the Bar Association of Sri Lanka strongly demands that the authorities ensure that Mr. Peiris’s professional duties as an Attorney-at-law, are not hindered and, ensure his safety.”

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