Sordid politics of environment and big money

SPECIAL REPORT : Part 416

Published

  2022/04/20

Container carrier X-Press Pearl on fire off the Colombo Port in late May 2021

Those genuinely keen on protecting the environment should without further delay launch a project to protect rain forests. The ongoing power cuts have underscored Sri Lanka’s dependence on hydropower. The continuing destruction of forest cover can cause irreparable damage to the country’s hydro power generation capacity, thereby causing a catastrophic situation. Perhaps the CEJ and the likeminded groups should exploit the current situation to pressure political parties, whoever in power, to take environment protection seriously or face the consequences. The bottom line is that the country cannot replace hydropower generation capacity with thermal, including coal, in the foreseeable future. Therefore, every endeavour should be made to protect the existing hydropower capacity.

By Shamindra Ferdinando

Some of those activists at the round-the-clock ‘Go Gota Home’ protest, outside the Presidential Secretariat, at Galle Face, carried placards querying the delay on the part of the government to compensate the communities affected by the sinking of the Singapore registered cargo vessel MV X-Press Pearl, off the Western coast, last year.

The Express Feeders’ owned fire stricken cargo ship, sank on June 02, 2021, during an attempt to tow it away to deep seas. Sri Lanka lacked the wherewithal to bring the fire on deck, that had been reported on May 21, under control. In spite of firefighting support provided by India and other foreign vessels, the vessel went down, causing the worst ever ecological disaster in busy local waters, outside the Colombo harbour.

MV X-Press Pearl sank 9.5 nautical miles, NorthWest of the Colombo port, the day after President Gotabaya Rajapaksa directed that it be towed to deeper seas. The vessel went down where it had been since May 19 after entering Sri Lankan waters.

Controversy surrounds the way the relevant authorities probed the circumstances that led to MV X-Press Pearl stealthily carrying a leaking container, loaded with nitric acid, being allowed to enter Sri Lankan waters. The public have a right to know how the government dealt with the vessel’s local Agent, Presidential Award winner Sea Consortium Lanka of Setmil Group, accused of suppressing information about the acid leak.

The highly politically motivated ‘Go Gota Home’ campaign appeared to have attracted many groups, including those handling contentious environmental issues, which may have contributed to the overall deterioration of public confidence in the government. The handling of the X-Press disaster is a glaring example of an utterly corrupt system that protected the affluent at the expense of the hapless public.

The massive eruption of public anger against President Gotabaya Rajapaksa, at the approach to his private residence, at Pangiriwatte Road, Mirihana, on the night of March 31, marked a new phase in politics. Having caused chaos at Pangiriwatte, the ‘Go Gota Home’ campaign, overnight, targeted selected government members. Violent protests in several districts, particularly in the Anuradhapura district, underscored the growing public anger at those wielding political power.

At the same time while we do not wish to be paranoid conspiracy theorists, it must be noted that some of the present protests appear to be well coordinated and funded and quite possibly maneuvered by a hidden hand, as happened in the run up to the change of government in 2015, engineered by the US, about which it later crowed about publicly through its then Secretary of State, John Kerry. Though President Gotabaya is responsible for some controversial decisions taken hastily, like the abrupt decision to ban agrochemical imports or doing away with some key taxes no sooner he was elected, it must be stated that none of it was done for his personal benefit, but there has been far too many built up coincidences in the run up to the present conflagration, like the MT New Diamond sinking, X-Press Pearl disaster of epic proportion, the wrong composition of butane and propane in LPG shipped to Sri Lanka that caused needless explosions and even loss of life, etc. In the light of what has happened recently in Pakistan, and elsewhere, we believe the country needs to be extra alert to such foreign engineered plots.

The high profile campaign discarded all political parties, represented in Parliament, thereby denying the Opposition an opportunity to exploit unexpected political developments. The protest campaign that had been launched, opposite the Presidential Secretariat, on April 09, received the backing of many groups with diverse objectives. Among the interested parties were civil society organisations, including the Centre for Environmental Justice (CEJ) spearheading an intense legal campaign against the current dispensation.

The CEJ moved court over the X-Press Pearl disaster, in the absence of a genuine effort by relevant government machinery to obtain proper compensation. If those responsible for taking action had addressed the issue purposefully, the sinking of X-Press Pearl wouldn’t have been an issue at the ‘Go Gota Home’ campaign.

It would be pertinent to examine the issues at hand against the backdrop of those seeking compensation for MV X-Press Pearl disaster being part of the ‘Go Gota Home’ campaign. The current crisis has erupted at an opportune time as cash-strapped Sri Lanka struggles to meet the basic requirements of the public.

The ship disaster, off the Western coast, cannot be discussed without taking into consideration the massive fire onboard MT New Diamond, off the Sangamankanda coast in the East, in early Sept 2020.

The Committee on Public Enterprises (COPE) proceedings and an exclusive interview Sirasa anchor Asoka Dias, formerly of Upali Newspapers did with the first Dean of the Faculty of Fisheries and Marine Sciences and Technology, Ruhuna University, Prof. Ruchira Cumaranatunga exposed the Marine Environment Protection Authority (MEPA).

MEPA and legal system exposed

COPE Chief and MP Prof. Charitha Herath recently lambasted the MEPA, at a recent committee hearing, over the handling of the fire onboard crude carrier MT New Diamond in early Sept. 2020 and the sinking of X-Press Pearl carrying chemicals off the Port of Colombo last year.

Prof. Herath questioned MEPA Chairperson Attorney-at-Law Dharshani Lahandapura, a Viyathmaga activist, as regards their response to the disastrous accidents.

The SLPP National List MP demanded to know why compensation hadn’t been so far secured from the owners of the MT New Diamond. His query was based on the Auditor General’s observations. Jagath Gunasekera, the Acting General Manager of MEPA, said that the court had decided on the fines to be imposed.

Prof. Herath asked why only Rs 51 mn out of estimated Rs 3,480 million, due from MT New Diamond as compensation, had been received. Attorney-at-Law Lahandapura said that though there had been an oil patch, the fire had not caused any environmental damage.

Prof. Herath asked why such a huge estimate in respect of damages had been made if no disaster had occurred. Gunasekera said Rs 51 million had been paid for firefighting operations and related matters.

According to Gunasekera an expert panel had recommended Rs 3,480 mn compensation and the relevant file had been submitted to the Attorney General’s Department.

Prof. Herath pointed out that the AG hadn’t responded to the MEPA so far, and asked what the MEPA would say if the COPE alleged that it had collaborated with the ship owners to help them reduce compensation payments for environmental damages caused.

When the COPE Chief questioned the role of MEPA’s Legal Officer in respect of the overall response, the MEPA representative at the hearing disclosed that she had been sidelined. The official revealed she hadn’t been allowed to participate in any of the discussions with the Attorney General’s Department on civil or criminal proceedings. Prof. Herath demanded to know why she had been sidelined. Lahandapura claimed that MEPA had assigned responsibilities to another official as the Legal Officer was not responsive to the MEPA’s requirements. Prof. Herath dismissed that claim, insisting that there couldn’t be a justifiable excuse for sidelining the legal officer.

Prof. Herath emphasised that the revelation that the MT New Diamond matter issue had been handled outside the purview of the MEPA Legal Section was a serious matter.

Prof. Herath pointed out that though the compensation in respect of X-Press Pearl had been estimated at USD 37 mn, the ship owners had agreed to pay only USD 2.9 mn. Lahandapura admitted that an organisation that had represented the ship owners/insurers had provided advice to MEPA, too. The COPE Chairman pointed out that the organisation concerned would have been able to manipulate the whole process to the advantage of the ship owners/insurers. The MP said that someone could easily level the charge that the MEPA collaborated with them to reduce the amount of compensation received by the country.

Sirasa interview

Prof. Cumaranatunga didn’t mince her words when she questioned the conduct of MEPA Chairperson as regards the two incidents – the one off the Sangamankanda coast and the other off the Colombo harbour. Responding to interviewer Dias, the academic, who investigated both high profile cases, accused Lahandapura of suppressing some sections of the report on MT New Diamond submitted by her team. She pointed out how the MEPA Chief claimed before the COPE that damages hadn’t been caused to marine life, contrary to the report submitted by the experts. An irate Prof. Cumaranatunga declared that MEPA Chief had insulted members of her team by propagating blatant lies. Asoka Dias couldn’t have conducted that interview at a better time. With the growing public protests, demanding a system change, the operation at the MEPA explains how interested parties pursued projects beneficial to them, regardless of the consequences. Prof. Herath should ask Prof. Cumaranatunga to make her position clear before his Committee and take whatever necessary action. The government cannot remain silent against the backdrop of the head of the expert team that probed the ship disasters, exposing MEPA.

Prof. Cumaranatunga revealed how she raised the issues at hand with Lahandapura soon after the COPE rapped MEPA over the controversial handling of the ship disasters. Declaring that Lahandapura’s response to her queries hadn’t been satisfactory, the academic exposed how MEPA manipulated the online process adopted in preparing the final report to secure the signatures of the members of the probe team without providing them the final draft.

The COPE and Sirasa revelations haven’t received sufficient public attention. The ruling coalition and the Opposition haven’t acted on sensational revelations made by the COPE as well as two other watchdog committees, namely the Committee on Public Accounts (COPA) and the Committee on Public Finance (COPF). MEPA should be held accountable for mishandling of two key investigations. Had they been deliberately handling the issues in a way to deprive the country adequate compensation?

Prof. Herath is in no mood to give up his strong stand in respect of the two

muddled investigations. The COPE should pursue this matter. The X-Press Pearl matter is now before the judiciary. It would be the responsibility of all concerned to ensure transparent proceedings. Punitive measures are a prerequisite for justifiable settlement of the X-Press Pearl case.

CEJ moves court

The CEJ and three others, including its Senior Advisor Hemantha Withanage, in a fundamental rights application filed in terms of Articles 17 and 126 of the Constitution, in respect of the X-Press Pearl affair, has named its owner Express Feeders and its local agent Sea Consortium Lanka as 11th and 12th respondents, respectively. They are among 13 respondents, including the Attorney General.

At the time the CEJ moved SC against what the petition called the worst marine ecological disaster caused by the sinking of X-Press Pearl, the outfit hadn’t been aware of the local agent deleting e-mails received from the Captain of the ship.

According to the petition, in addition to 325 metric tonnes of bunker oil, the vessel carried altogether 1,486 containers – 25 tonnes of hazardous nitric acid, caustic soda, sodium methylate, plastic, lead ingots, lubricant oil, quick lime and highly reactive and inflammable chemicals such as Sodium Methoxide, High Density Polyethylene (HDPE), Low Density Polyethylene (LDPE) “Lotrene”, Vinyl Acetate, Methanol, bright yellow sulphur, urea, cosmetics, etc.

Petitioners stated that the Captain and the crew members of the MV X-Press Pearl knew of the nitric acid leak from about 11th May 2021, nine days before the blaze started and had deliberately failed to inform the Sri Lankan authorities of the impending grave risk. But, the CEJ had been in the dark regarding the treacherous actions of the local agent and the whole issue would take an unexpected turn against the backdrop of Prof. Cumaranatunga’s revelations.

The CEJ receives funding from both local and foreign sources, including the UN. Responding to The Island queries, Withanage explained the gradual growth of CEJ’s operations since its launch in 2004 following the breakup of the Environmental Foundation Ltd. Assuring transparency in the CEJ’s operations, Withanage alleged that the state agencies that had been tasked to protect the environment either connived brazenly with some of the corrupt elements who wielded political power regardless of the consequences or betrayed the country’s interest for personal gain. The sordid disclosures made during COPE proceedings and the Sirasa interview as regards the sordid behaviour of MEPA, responsible for the protection of marine environment should prompt the government to take tangible measures.

Unfortunately, MEPA as well as other agencies answerable for matters concerning the environment, are pursuing strategies acceptable to their political masters.

The much discussed court cases pertaining to clearing of Wilpattu jungles, releasing of elephants and the threat to Sinharaja forest exposed the corrupt political party system.

Withanage asserted that political parties exploited corrupt systems in place to raise funds. If those who exercised political authority addressed matters of serious concern there wouldn’t have been a need for CEJ to move the Supreme Court over the X-Press Pearl disaster. Withanage questioned the conduct of the premier government agency, the Central Environmental Authority (CEA) now headed by ex-JVPer Siripala Amarasinghe. Withanage asserted that politicians and officials were equally responsible for the pathetic state of affairs.

There cannot be a better example than the importing of toxic garbage containers from the UK and simply dumping them here during the yahapalana administration. While Amarasinghe and then President and former Environment Minister Sirisena claimed at the time they were tackling the issue expeditiously, if not for the CEJ successfully moving the court, the British garbage would have been here still. Having blamed the Mahinda Rajapaksa tenure for large-scale environmental destruction, Withanage alleged that the current dispensation was the worst. The civil society activist cited the removal of restrictions on the mining and the transport of sand as one of the evil decisions taken by the current government. The move was obviously meant to allow those connected with the party to make money. The relevant authorities fully cooperated with politicians, Withanage alleged.

The court was told between 2017 and 2019, the UK shipped 263 containers of waste to Sri Lanka. The containers were labelled ‘used mattresses, carpets and rugs.’ But, amongst other things, authorities found bio waste from hospitals. It included radioactive clinical waste, rags, bandages and body parts from mortuaries. Thanks to CEJ’s action, the entire lot – altogether 263 containers – were shipped back by February 2021. It would be pertinent to examine the conduct of the environment ministry and the CEA with regard to the import of British waste. Contrary to expectations, the current dispensation didn’t take punitive measures against those responsible for the importing of dangerous cargo and kept them in specified areas pending disposal.

The government should be ashamed of its failure. The Parliament, too, should inquire into such glaring failures. Can those in authority now and then vouch that foreign waste didn’t end up at Aruwakkalu sanitary garbage dump in Puttalam as once alleged by top environmental scientist Dr. Ajantha Perera in an interview with this newspaper?

One-time top trade official Gomi Senadhira recently discussed how in spite of Sri Lanka’s success in sending back over 3,000 tons of British toxic waste, authorities allowed foreign garbage. Senadhira asked whether the Customs, Trade Ministry, the BOI, and the CEA deceived the public on garbage imports.

Senadhira raised two basic issues (verbatim) (a) How did the Customs detect the 3000 tonnes of “illegally imported foreign garbage”? Wasn’t it only when the containers that remained in the port for months without being cleared by the importer started to stink and leak? When were the tonnes of customs-cleared garbage in a clandestine garbage dump created inside the BOI discovered by the BOI and the CEA?

Wasn’t it only after a media exposure? Didn’t all this happen after the implosion of the Meethotamulla garbage dump? Coincidence? Maybe. Maybe not. Methotamulla collapsed at the start of the yahapalana regime.

(b).During the four-year period 2017-2020, while struggling to ship back 3,000 tons of illegally imported stinking waste, the customs and the CEA had facilitated “legal” imports of a much larger quantity of garbage into the country. For example; Sri Lanka imported nearly 20,000 tonnes of plastic waste (HS391590) In addition, nearly 1000 MTs of plastic waste under HS 391530 was also imported every year.

Most of it, according to customs data, was imported from China. As far as I am aware, China does not export plastic waste”

Perhaps, the CEJ should speak with Senadhira to map out proper strategy to counter clandestine projects. Interested parties must have profited immensely at Sri Lanka’s expense.

US exposes Lanka over Zuberi, Wickramasuriya affairs

 SPECIAL REPORT : Part 415

Published

  2022/04/13

Jaliya Wickramasuriya with President George W. Bush in July 2008

The ongoing protest campaign in the wake of eruption of violence at Mirihana underlines the responsibility on the part of Sri Lanka to address issues – economic and political at hand. Successive governments have encouraged waste, corruption, irregularities and mismanaged the national economy. The bottom line is the current balance of payments crisis, the cumulative effect of mismanagement and corruption at every level over the years and exacerbated by two colossal blunders — the doing away with key taxes at the beginning of President Rajapaksa’s term, which deprived government coffers several hundred billion rupees per year and the abrupt decision by him to halt chemical fertiliser imports. But the culpability for the situation must be borne by the Executive, the Legislature and the Judiciary. There is more than a grain of truth in what big mouth Ranjan has been saying. Then of course there was a worldwide calamity in the form of the pandemic and some foolish measures taken not only here but worldwide like turning to the printing press for easy cash is now haunting almost the entire world.

By Shamindra Ferdinando

Political appointee Jaliya Chitran Wickramasuriya, 61, of Arlington, Virginia, served as Sri Lanka’s Ambassador to the United States and Mexico from July 2008 to May 2014. Wickramasuriya, on April fool’s Day, 2022, pleaded guilty to diverting and attempting to embezzle $332,027.35 from his employer, the Government of Sri Lanka (GoSL). The attempt had been made when the GoSL acquired a new embassy building in Washington D.C. in 2013.

Having repeatedly denied his involvement, in spite of returning the stolen money, Wickramasuriya, a cousin of the ruling Rajapkasas, pleaded guilty in the U.S. District Court in Washington DC (District of Columbia) to a charge of conspiracy to commit wire fraud. The charge carries a statutory maximum sentence of five years in prison and potential financial penalties.

Judge Tanya S. Chutkan is scheduled to sentence Wickramasuriya on July 20, 2022.

Wartime Foreign Minister Rohitha Bogollagama didn’t mince his words when he declared Wickramasuriya’s conduct as nothing but a disgrace, though the then Minister’s conduct, while in office, was anything but stellar, especially when it came to matters relating to his family, personal and political life. Bogollagama, who handled the matters relating to the war effort well, said that Wickramasuriya caused irreparable damage to the Foreign Service and humiliated the country.

Interesting, Bogollagama, who succeeded Mangala Samaraweera following a dispute that led to the Matara MP’s sacking, had been the Minister in charge of foreign affairs at the time the US-based Wickramasuriya received the ambassadorial post at the behest of President Mahinda Rajapaksa. Wickramasuriya succeeded top career diplomat Bernard Goonatilleke in Washington.

The Parliamentary High Post Committee (PHPC), chaired by the Speaker, cleared Wickramasuriya’s appointment pronto. In fact, PHPC over the years cleared almost all appointments recommended by successive governments. At the time Mahinda Rajapaksa won the presidency in Nov 2005, the US-based Wickramasuriya had been engaged in the tea export business and was first appointed the Consul General in Los Angeles, California.

Bogollagama lost at the April 2010 parliamentary election. Prof. G.L.Peiris took over the Foreign Ministry as External Affairs Minister but no change was made in Washington for obvious reasons. The then Monitoring MP of the Foreign Ministry Sajin Vass Gunawardena wielded immense power over the ministry. That was the time R. Duminda Silva functioned as the Monitoring MP of the Defence Ministry. In the absence of proper supervision at all levels, the situation deteriorated rapidly. The fraud perpetrated by the Ambassador while purchasing a new building for the Sri Lankan Embassy, in Washington, should be examined in that context.

The US compelled Sri Lanka to recall Wickramasuriya in July 2014 following investigations conducted by the Internal Revenue Service (IRS) about six months before Mahinda Rajapaksa lost the presidential election. Career FS officer Asela Weerakoon took over the mission, temporarily, before another FS senior Prasad Kariyawasam moved in. Before inquiring into the tax fraud further, it would be pertinent to discuss how Wickramasuriya held such a diplomatic appointment for seven years. Wickramasuriya was on a contract.

FS officers serve a particular mission for a period of three years whereas retired FS officers and political appointees receive contracts for two to three years. But, Wickramasuriya, having served as Consul General in Los Angeles, received the topmost diplomatic appointment and held it until the US exposed him.

The yahapalana administration waived the diplomatic immunity granted to Wickramasuriya.

The US Attorney’s Office for the District of Columbia, in a statement dated April 01, 2022, based on documents furnished to the court, declared from in or around late 2012 through November 2013, Wickramasuriya devised a scheme to defraud the GoSL during its 2013 purchase of a new Embassy building in Washington, D.C. by inflating the price of the real estate transaction by $332,027 and, at closing, diverted those funds from the government to two companies which had no role in the real estate transaction. After the January 2013 closing, Wickramasuriya directed these payments to the two companies. Later in the same year, Wickramasuriya redirected an equal amount of funds back to government accounts, leaving the Sri Lankan government with no loss.

From Wyoming Avenue to Whitehaven

Why did Wickramasuriya return the money? The man in Washington had no option but to do so after President Mahinda Rajapaksa raised the issue with him. Unfortunately, the Rajapaksa administration quite conveniently refrained from initiating action against him and Wickramasuriya was allowed to continue. Obviously, President Mahinda Rajapaksa didn’t want his cousin penalised regardless of the grave offense committed while serving as Sri Lanka’s top envoy in Washington.

Did Wickramasuriya make the move to shift the Sri Lankan mission based at Wyoming Avenue, N.W, Washington DC, 20008 to 3021 Whitehaven, St. N.W., Washington DC, 20008 with specific intention of stealing money. The decision to purchase the property was made in Oct 2012 by the GoSL and the funds transferred to the HSBC Bank account in Washington DC. The Ambassador and others involved in the conspiracy devised a plan to swindle the GoSL. Having finalised the agreement to procure the new building at a cost of USD 6.25mn, the Ambassador obtained USD 6.6 mn from the GoSL. Having paid the sellers real estate company and the buyers real estate company USD 187,500.00, each, Wickramasuriya directed the title company and the closing attorney to transfer USD 332,027.35 to Embassy consultant company A (USD 82,027.35) and Sri Lankan company incorporated in Sri Lanka (USD250,000). US investigations revealed that the Embassy consultant had been a lawyer and a close associate of Wickramasuriya. The lawyer has operated Embassy consultant company A and Embassy consultant company B and in spite of no involvement in the transaction received part of the funds provided for the acquisition of the new building.

The US court was told how several attempts were made by the Title Company to carry out instructions given by Wickramasuriya after the bid to wire USD 250,000 to the Sri Lankan company on January 17, 2013 failed as a result of an intermediary bank rejecting the move. Finally, USD 250,000 has been wired to the Sri Lankan company’s Sri Lankan bank account on March 20, 2013.

US investigators exposed the sordid embezzlement carried out by the then Sri Lanka’s top envoy in the US. Although Wickramasuriya paid back the entire sum by late October 2013, the US investigated the fraud and brought the judicial proceedings to a successful conclusion.

The Foreign Ministry owed an explanation regarding the Wickramasuriya episode. When The Island raised this issue with the Foreign Ministry recently, the writer was told that the case was pending in the Fort Magistrate court. Now dismantled Financial Crimes Investigation Division (FCID) investigated Wickramasuriya’s case after he was arrested in Nov 2016 at the Bandaranaike International Airport (BIA).

The writer had been in touch with Wickramasuriya after he was granted bail and reported on the matter. Claims made by Wickramasuriya at the time have to be examined against the backdrop of him pleading guilty to the attempt to defraud the GoSL.

Those who served the Rajapaksa administration claimed that they were targeted for political reasons. Speaking to the writer from the US in April 2018, Wickramasuriya claimed that US authorities prevented him from leaving the US to appear in the case heard in the Fort Magistrate court.

Wickramasuriya said that he first realized restrictions placed on him when he tried to leave Atlanta for Chile late last year. “I got my boarding pass and was about to get in when Homeland Security personnel stopped me. They wanted to question me at the airport. I was taken to a room where they explained the reasons for my detention.”

Shavindra Fernando, PC, has represented Wickramasuriya, who was deprived of diplomatic immunity though he was assured of protection. Wickramasuriya said that he hadn’t been able to leave the US though he was ordered to appear in court over the alleged embezzlement of funds. The former diplomat quoted Homeland Security officers as having told him that the government of Sri Lanka (GoSL) had wanted the Embassy transaction probed.

Commenting on his Nov 2016 arrest, Wickramasuriya said. “I was in Sri Lanka for two years. They never wanted to record my statement. Although I have travelled overseas about 10 times since returning from the US in May 2014, the police stopped him as he was leaving for the US in the early hours of Nov 17, 2016.”

Udayanga Weeratunga presenting his letter of credentials to Russian President Putin at the Grand Kremlin Palace, Moscow

Inconsistency in GoSL reaction

Samagi Jana Balavegaya (SJB) lawmaker Dr. Harsha de Silva pointed out the discrepancy in the US and GoSL response to the Wickramasuriya affair. The US action in respect of Wickramasuriya should be examined taking into consideration the dismissal of several dozens of cases filed against the Rajapaksas and their acolytes.

Referring to a group of lawyers mounting a protest at the Attorney General Sanjay Rajaratnam’s Office during the ongoing campaign demanding President Gotabaya Rajapaksa to step down, Dr. de Silva said that a foreign court was able to carry out the judicial process to a successful conclusion. “How strange. All the high powered and connected crooks are found not guilty in local courts. We have a huge responsibility to do all we can to ensure the institutions are strengthened so that the corrupt are dealt without fear or favour.”

The Wickramasuriya affair has exposed the pathetic way overseas appointments are made at a time cash-strapped Sri Lanka is in the process of pruning diplomatic missions. Sri Lankan mission in Oslo is among those missions.

Successive governments have used diplomatic missions to accommodate those who served the interests of the powers that be. The incumbent dispensation is no exception. Although the appointment of non-career diplomats as heads of missions cannot be totally discontinued under any circumstances, no one can dispute the need for a balance. Over the years, diplomatic posts have been offered to various persons for a variety of reasons. There cannot be a worse example than misusing political authority in respect of diplomatic postings than former President Maithripala Sirisena offering an overseas posting to disgraced former IGP Pujith Jayasundara. Appearing before the Presidential Commission of Inquiry (PCoI) that probed 2019 Easter Sunday massacres, Jayasundara claimed that the President offered him a diplomatic post if he accepted the responsibility for those multiple suicide attacks. Jayasundara also claimed that he received an assurance he would be cleared by an inquiry that was being conducted at that time.

Corruption accusations

Against the backdrop of one-time Sri Lankan head of mission found guilty by a foreign court and the verdict to be delivered on July 20, in spite of Sri Lanka’s failure to do so, the need for a fresh look at the high profile case of Imaad Shah Zuberi, a Los Angeles-based venture capitalist and political fundraiser receiving 144 months in federal prison for defrauding Sri Lanka. Zuberi was sentenced in Feb 2021.

A US court found him guilty for cheating the Sri Lankan government millions of dollars promising to rebuild the country’s image following the end of the war with the crushing victory over the LTTE. The court was told Zuberi received USD 6.5 mn in 2014 following discussions initiated during Wickramasuriya’s tenure as Sri Lanka’s Ambassador in Washington.

Zuberi operated Avenue Ventures LLC, a San Francisco-based venture capital firm, and solicited foreign nationals and representatives of foreign governments with claims he could use his contacts in Washington, D.C. to change U.S. foreign policy and create business opportunities for his clients and himself.

US skullduggery

The US moved the Geneva-based United Nations Human Rights Council (UNHRC) against Sri Lanka in Oct 2015 after playing a significant role in the then Opposition campaign against President Mahinda Rajapaksa. No less a person than US Secretary of State John Kerry declared US funding for regime changing projects in four countries in 2014/2015, including Myanmar and Sri Lanka.

The Justice Department said: “Zuberi promised to make substantial expenditures on lobbying efforts, legal expenses, and media buys, which prompted Sri Lanka to agree to pay Zuberi a total of $8.5 million over the course of six months in 2014. Days after Sri Lanka made an initial payment of $3.5 mn, Zuberi transferred $1.6 million into his personal brokerage accounts and used another $1.5 million to purchase real estate.”

In total, Sri Lanka wired $6.5 million pursuant to the contract, and Zuberi used more than $5.65 million of that money to the benefit of himself and his wife. Zuberi paid less than $850,000 to lobbyists, public relations firms and law firms, and refused to pay certain subcontractors based on false claims that Sri Lanka had not provided sufficient funds to pay invoices.”

It has to be stated that the then government spent money on such foolish attempts to lobby Washington as the country was being hounded by the West for militarily crushing the LTTE, as their experts had been repeatedly telling us over the years our security forces were incapable of achieving such a task.

The Foreign Ministry here acknowledged that payments made to Zuberi had never been investigated at any level. The ongoing protest campaign demanding the government to quit also focused on corruption during the previous Rajapaksa administration. There is no point in denying waste, corruption, irregularities and mismanagement caused irreparable damage to the national economy.

Sri Lanka never investigated the Wickramasuriya affair and the role played by the Sri Lankan mission in Washington in hiring Zuberi, an American of Pakistani and Indian descent. A proper investigation would have probably revealed the involvement of certain politicians and officials there in the scam perpetrated by Zuberi.

The yahapalana administration never made a genuine attempt to investigate the Wickramasuriya affair though he was arrested. However, the then government facilitated the US investigation by waiving diplomatic immunity. But, the payments made to Zuberi via the Central Bank never received the attention of the yahapalana lot.

Once the writer raised this issue with Arjuna Mahendran, the then Governor of the Central Bank, a Singaporean national who fled the country in the wake of the Presidential Commission of Inquiry into the Treasury Bond scams handing over its report to President Maithripala Sirisena in late Dec 2017. Mahendran didn’t indicate any interest. In fact, he did nothing.

Udayanga Weeratunga, a first cousin of the then President Mahinda Rajapaksa, received appointment as Sri Lanka’s Ambassador to the Russian Federation. Weeratunga presented his credentials to Russian President Vladimir Putin at the Grand Kremlin Palace, Moscow, on Nov 16, 2006, a year after Mahinda Rajapaksa won the presidency. Weeratunga served in Moscow till Mahinda Rajapaksa’s defeat at the 2015 presidential election. Having enacted the dictatorial 18th Amendment to the Constitution at the onset of his second term, the war-winning President sought a third term but was defeated.

In January last year, SJB lawmaker Chaminda Wijesiri, raised concerns in Parliament regarding key diplomatic posts offered to those with political affiliations and to friends and relatives of political leaders. The MP questioned the manipulation of the whole process for the benefit of a few.

The then Foreign Affairs Minister Dinesh Gunawardena denied MP Wijesiri’s accusations. The MEP leader who is also the Leader of the House claimed that appointments hadn’t been based on political relationships. The Foreign Ministry followed the recruitment procedure and the appointments made to the Foreign Service had to be approved by the PHPC headed by the Speaker of Parliament. Of course, both Wickramasuriya and Weeratunga had been out of Foreign Service by 2014. Whatever the accusations directed at Weeratunga, he should earn the respect of the public for helping Sri Lanka enhance its firepower with the acquisition of Ukrainian MiGs for the SLAF at the onset of the Eelam War IV. Weeratunga secured the contract for the acquisition of four MiGs and the overhaul of four other MiGs that had been in service with the Air Force. However, controversy surrounds the 2006 deals with those who never believed in Sri Lanka’s triumph over the LTTE, causing media furore.

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An unprecedented political avalanche:

 SPECIAL REPORT : Part 414

Published

  2022/04/6

Calamity for the once record-breaking and promising SLPP !

By Shamindra Ferdinando

A massive public riot, at the approach to President Gotabaya Rajapaksa’s private residence at Pangiriwatte Road, Mirihana, could have been avoided if the top ruling SLPP (Sri Lanka Podujana Peramuna) leadership swiftly responded to the growing public disenchantment with the government, though it was by then almost an impossibility due to the bankrupt situation the country was facing, foreign exchange wise. Last Thursday’s (March 31) protest and subsequent clashes therein sent shock waves through the government ranks as the genuinely exasperated public, and well organised rabble rousers taking advantage of the situation, targeted the Rajapaksa family, with the police having to use tear gas and water cannon on Monday (04) to prevent storming of the Rajapaksa family home, ‘Carlton,’ in Tangalle.

The police had to save Chamal Rajapaksa’s home in the Deep South as angry crowds on the same day targeted Kandy residence of Health Minister Kelehiya Rambukwella, the Piliyandala home of Energy Minister Gamini Lokuge, and State Minister Roshan Ranasinghe’s Polonnaruwa residence. The police had to use tear gas at Kandy, Piliyandala and Polonnaruwa.

The police lacked sufficient water cannons for countrywide deployment. The law enforcement authorities are finding it difficult to contain multiple situations, where organised gangs, operating among protesters, caused mayhem.

Within a few days after the Mirihana protest, the situation has deteriorated to such an extent none of the ministers/former ministers are in a position to visit their homes. The government has learnt a bitter lesson for turning a blind eye to the suffering of the people due to the growing worldwide economic fallout, amidst massive waste, corruption, irregularities and mismanagement that have weakened the national economy.

The government steadfastly refused to recognize the rapidly changing situation. Obviously, the SLPP, to their peril, arrogantly felt invincible, both in and outside the Parliament. Having bagged the lion’s share of the Local Government Polls at the Feb 2018 polls, Office of the President and the Parliament at 2019 and 2020, the SLPP responded haughtily even to their erstwhile comrades who spared no pains to bring them into power. The overnight changing of the political environment has dealt a devastating blow to the SLPP. It’ll never be the same for the SLPP. Sri Lanka’s strongest political party has been debilitated. The plight of the SLPP should be examined taking into consideration how the once powerful UNP has been reduced to just one National List seat in the 225-member Parliament. What can be said to both is the old adage that pride goes before a fall. Of course some Western elements could be behind the present crisis, stage managing everything with the help of their fellow travellers and some in the UN, as happened without anyone’s knowledge in the 2015 regime change here and elsewhere as was publicly boasted about later on by then American Secretary of State John Kerry.

State Minister’s warning ignored

One of those who had quite clearly asked for far reaching changes was unceremoniously stripped of his State Ministry portfolio in the first week of January, this year. President Gotabaya Rajapaksa sacked Education Reforms, Open Universities and Distance Learning Promotion State Minister Susil Premjayanth in the wake of his public criticism of the government. Premjayanth flayed the government during his regular visit to the Delkanda public market.

The SLPP never bothered to ask for an explanation from the lawmaker. Attorney-at-Law Premjayanth was stripped of his portfolio for warning the government of dire consequences unless remedial measures were promptly taken. The former Bank of Ceylon employee, Premjayanth had been especially harsh on the government’s ill-fated agriculture and trade policy implemented rather hastily, though good in principle.

Premjayanth faulted the decision-making process at the highest levels. Basically, he targeted President Gotabaya Rajapaksa and Mahindananda Aluthgamage over the disastrous decision to do away with fertiliser and agro chemicals, overnight, and Bandula Gunawardena over trade matters.

It would be pertinent to mention that Premajyanath received the portfolio, originally offered to Dr. Wijeyadasa Rajapakse, PC. One-time President of the Bar Association of Sri Lanka (BASL), lawmaker Rajapakse, who had served the Cabinet of Ministers of Maithripala Sirisena (2015-2019) refused to accept the offered State Ministry. Instead, the controversial lawmaker wanted a place in the 30-member Cabinet.

The SLPP disregarded Wijeyadasa Rajapakse’s concerns. Dr. Rajapakse has refrained from joining any faction. Instead, Wijeyadasa Rajapakse carried out a solo campaign, targeting President Gotabaya Rajapaksa and the SLPP. His latest salvo was directed at the President. Of course, the writer is referring to the former Justice Minister’s proposal to introduce the 21st Amendment to the Constitution.

The lawmaker has called for the transferring of executive powers of the President to the Cabinet of Ministers by way of an urgent constitutional reform to make the President answerable to Parliament and the people. The SLPP MP appealed to party leaders, Ministers, State Ministers and members of Parliament to back his proposal to introduce the 21st Amendment to the Constitution.

Wijeyadasa Rajapakse, in his capacity as a lawmaker, audaciously wrote to Chinese President Xi Jinping, through the Chinese Ambassador here, that the current dispensation would be overthrown in a democratic manner in the first chance the people get. The MP made what can be called an unprecedented intervention in the first week of January this year. Dr. Wijeyadasa Rajapakse informed the Chinese that all the agreements that were reached with foreign countries in the last 15 years would be scrutinised once again and all the agreements that are found to be corrupt and finalised through fraudulent means will be abolished.

Yugadanavi divides govt.

In fact, a couple of months before lawmaker Premjayanth’s outburst, three Cabinet Ministers, namely Vasudeva Nanayakkara, Wimal Weerawansa and Udaya Gammanpila, delivered a stark warning over the controversial arrangement with the US-based New Fortress Energy as regards the Yugadanavi power plant and other connected deals without any transparent procedures. The deal that had been finalised, at midnight on Sept 17, 2021, ripped apart the powerful SLPP parliamentary group. Alleging that the Yugadanavi agreement, worked out in secrecy by Finance Minister Basil Rajapaksa, was nothing but a sellout, the trio took an unprecedented step. They threw their weight behind those who had moved the Supreme Court against the Yugadanavi arrangement. On behalf of the government, Attorney General Sanjay Rajaratnam, PC, advised the dissidents to quit the Cabinet of Ministers if they were unable to follow Cabinet decisions. The government dismissed the dissidents’ concerns.

Though the Supreme Court mysteriously dismissed the fundamental rights petitions, filed against the Yugadanavi deal, without giving reasons, it in a way intensified the internal crisis and the deterioration of the SLPP administration.

The dissidents’ campaign expanded further when they presented an action plan on March 02, this year at an event ironically attended by the much-tarnished former President and the leader of the SLFP, Maithripala Sirisena. The rebel group presented an alternative plan. Instead of initiating a dialogue, the SLPP again rejected the dissidents’ concerns. The rebel group comprises Democratic Left Front, the Lanka Sama Samaja Party, the Communist Party of Sri Lanka, the National Freedom Front, the National Congress, the Pivithuru Hela Urumaya the Sri Lanka Mahajana Pakshaya, the Vijaya Dharani Jathika Sabhawa, the Eksath Mahajana Pakshaya and the Yuthukama civil society organisation.

Instead of offering to thrash out the differences, Weerawansa and Gammanpila were kicked out of the Cabinet though Nanayakkara was allowed to continue, probably because the grand old man had always been somewhat of a firebrand throughout his leftist political career that has won him respect all-round. The SLPP also failed to take into consideration the fact that the dissident group comprised 30 lawmakers.

As usual, Chief Government Whip Johnston Fernando declared that the government could engineer a sufficient number of crossovers from the Opposition. The Kurunegala District lawmaker, who has been a staunch defender of the government, said that the SLPP could comfortably retain its 2/3 majority with the backing of Opposition lawmakers. Not to be outdone but not knowing the brewing storm, less than a week before the Mirihana violent eruption, Agriculture Minister Mahindananda Aluthgamage claimed in Parliament that several Samagi Jana Balavegaya (SJB) members were on the verge of switching sides.

Big-mouthed Aluthgamage foolishly went to the extent of revealing the first letters of the names of a selected group of SJB members scheduled to switch sides. Both Fernando and Aluthgamage have ended up with egg on their face.

Weerawansa’s proposal upsets SLPP

The top SLPP leadership cannot absolve itself of responsibility for the situation. Several months before the clash over the Yugadanavi deal, Weerawansa earned the wrath of the SLPP for suggesting President Gotabaya Rajapaksa should be given a top party slot. Weerawansa was blunt in his assessment that the President couldn’t succeed in his tasks unless he was suitably accommodated in the SLPP hierarchy. In spite of fielding wartime Defence Secretary as its candidate at the 2019 presidential election, the SLPP never accommodated him in the party. The status quo remains. A section of the SLPP parliamentary group demanded that Weerawansa quit the government.

Some pointed the finger at the SLPP founder for repeated attacks on Weerawansa over his call for President Gotabaya Rajapaksa to be given political authority. Basil Rajapaksa’s re-entry into Parliament in July last year in terms of the 20th Amendment to the Constitution enacted in Oct 2020 led to the breaking up of the Cabinet a year later over the Yugadanavi deal.

Basil Rajapaksa succeeded Mahinda Rajapaksa as the Finance Minister in July last year amidst scurrilous SLPP attacks on the then Energy Minister Udaya Gammanpila for announcing a fuel price hike in the second week of June 2021. The then State Minister Nimal Lanza declared had Basil Rajapaksa been in Colombo, the SLPP founder wouldn’t have allowed the increase in fuel prices. Gampaha District lawmaker Lanza recently gave up his State Ministry. Gammanpila was mercilessly flayed possibly with the instigation of interested parties. The SLPP conveniently ignored the fact that the decision to increase fuel prices had been taken at a meeting chaired by President Gotabaya Rajapaksa. Among those present at the meeting of the Cost of Living Committee had been Premier Mahinda Rajapaksa and the then Sports Minister Namal Rajapaksa. But, the SLPP hadn’t been in a mode to engage in a sensible dialogue. Interestingly, those who had joined hands to oppose the Yugadanavi deal after having initially taken a common stand as regards the government move to transfer shares of the East Container Terminal (ECT) at the Colombo harbour.

Actually, a section of the government parliamentary group revolted against a Cabinet decision as regards ECT. That had been the first serious issue within the ruling coalition in early last year. Thereafter, that group gradually consolidated its position within the government parliamentary group. The Yugadanavi sellout and the subsequent developments, particularly the unprecedented legal challenge, gave a tremendous boost to the dissidents now dubbed the 11-party rebel alliance. The developing crisis has given the grouping an opportunity to advance its course of action. Saturday’s meeting Nanayakkara, Weerawansa, Gammanpila along with SLPP National List MP Tiran Alles had with President Gotabaya Rajapaksa underscored the eroding of the ruling party’s power. Weerawansa is on record as having said that they received an invitation to re-join the government.

Repeated warnings ignored

Gevindu Cumaratunga and Prof. Charitha Herath, both National List members of the SLPP, should earn the respect of the public for speaking the truth. They had the backbone to take a stand on contentious issues. One-time Media Secretary and civil society activist Herath in his capacity as the Chairman of the Committee on Public Enterprises (COPE) spearheaded a high profile campaign against waste, corruption, irregularities and mismanagement. In fact, all members of the COPE as well as the Committee on Public Accounts, chaired by Prof Tissa Vitharana and the Committee on Public Finance (COPF), too, should earn the appreciation of the public for revealing the ugly truth.

The COPE revealed a spate of shocking decisions by those at the helm of many state owned enterprises. Perhaps one of the most controversial disclosures was the Litro Gas hiring President’s Counsels Romesh de Silva and Sanjeeva Jayawardena to block the Auditor General from examining the accounts of the state enterprise. Prof. Herath dealt with this issue both in and out of Parliament. The COPE Chief questioned the circumstances under which Litro, owned by SLIC (Sri Lanka Insurance Corporation), sought to evade state auditing and how over Rs 20 mn of company funds was spent on law firms to defend their highhanded act.

Litro was just one case among many that shocked the country but the government was determined not to act. COPF Chief Anura Priyadarshana Yapa, perhaps made a far more shocking accusation pertaining to the Finance Ministry. COPF declared the public didn’t benefit at all as a result of the Finance Ministry move to reduce the commodity levy of Rs 50 to 25 cents on Oct 13, 2020 on the import of sugar. It was a very serious indictment of the government against the backdrop of revelation the Treasury suffered revenue losses running into billions of rupees.

Unfortunately, the Parliament, the government and the Opposition conveniently turned a blind eye to revelations made by parliamentary watchdog committees. They did nothing. They continue to do so. Lawmaker Cumaratunga angered the Rajapaksas for taking a stand on a number of contentious issues, including the appointment of Ven. Galadodaatte Gnanasara as the Chairman of the Presidential Task Force on ‘One Country, One Law’ concept. The leader of the Yuthukama civil society organisation also took a courageous stand on the failure on the part of the government to present the Draft Constitution by the second week of Nov, 2021 as promised, within two years after the last presidential election. MP Cumaratunga warned of dire consequences as the government continued to move on a wrong path contrary to the assurances given to the people. Perhaps, no other government MP took an interest in promised constitution as Cumaratunga who continuously pushed for a new Constitution that reflected Sri Lanka’s triumph over separatist Tamil terrorism in May 2009.

Unlike those UNP lawmakers who shielded colleagues accused of Treasury bond scams perpetrated in Feb 2015 and March 2016, some SLPP members took a courageous stand. Vasudeva Nanayakkara, Wimal Weerawansa and Udaya Gammanpila gave an unprecedented example by spearheading the campaign against the highly controversial Yugadanavi deal. Their actions proved the Cabinet of Ministers can be challenged in court though the rejection of the fundamental rights petition against the Yugadanavi deal should be examined with the Supreme Court directive in respect of former President Maithripala Sirisena given the Paget Road/Mahagamasekera Mawatha residence he occupied during his troubled presidency (2015-2019).

The Supreme Court on March 29 issued an interim order suspending the controversial Cabinet decision taken with Sirisena chairing it in October 2019 to allow him to continue using the official residence even after retiring from the presidency. Having accused the Rajapaksas of planning to assassinate him, Sirisena ended up as an SLPP MP!

The apex court also said that another interim order would be issued to the respondents not to comply with the said Cabinet decision.

The Supreme Court stated that the restraining order will come into effect four weeks from today and will remain in effect until the conclusion of the hearing of the petition filed against that Cabinet decision. The Centre for Policy Alternatives (CPA) moved the SC against the decision taken by the yahapalana administration.