How AG Dept., facilitated Thowheed project revealed

SPECIAL REPORT : Part 281

July 30, 2019, 8:50 pm 

Parliament on Friday, July 26: Attorney General Dappula de Livera listening to Additional Solictor General Nerin Pulle. Additional Solicitor General Sumathi Dharmawardena, PC sits between them. State Counsel Malik Aziz looks on. This was taken before de Livera left the PSC having declined to particptate in the process.

by Shamindra Ferdinando

The Central Bank of Sri Lanka (CBSL) made quite a revelation on Friday, July 26, 2019, before the Parliamentary Select Committee (PSC) probing the Easter Sunday attacks.

The CBSL team comprised the Governor of the Central Bank, Indrajit Coomaraswamy, Director of Financial Intelligence Unit, D.M. Rupasinghe, and Director of Department of Supervision of Non-Bank Financial Institutions R.R. Jayaratne. Rupasinghe testified in-camera on a request made by Dr. Coomaraswamy.

Dr. Coomaraswamy succeeded disgraced Singaporean, Arjuna Mahendran, in early July, 2016.

 Jayaratne and Dr. Coomaraswamy set the record straight as regards the Finance Act of 2017, after Power, Energy and Business Development Minister, Ravi Karunanayake, challenged CBSL condemnation of the Finance Act. Having stated that the Batticaloa Campus Limited and the Heera Foundation had received funds from Saudi Arabia on seven and 15 occasions, respectively, Jayaratne didn’t mince his words when he declared the new Act weakened the CBSL regulatory role, vis-a-vis illegal transactions.

M.L.A.M. Hizbullah is under investigation over clandestine money transactions, amidst accusations that both Batticaloa Campus Limited and the Heera Foundation were involved with the National Thowheed Jamaat (NTJ), responsible for the Easter Sunday attacks. At the time of the Easter Sunday attacks, Hizbullah functioned as the Governor of the Eastern Province, having served the current parliament as a UPFA National List member. Hizbullah moved to the East, in early January, 2019.

M.A. Sumanthiran, head of the Public Finance Committee, was present on the panel of lawmakers at the time CBSL made the shocking revelation. The PSC consists of its Chairman, Ananda Kumarasiri (UNP/Moneragala District), Ravi Karunanayake (UNP/Colombo), Dr. Rajitha Senaratne (UNP/Kalutara), Ashu Marasinghe (UNP National List), Field Marshal Sarath Fonseka (UNP National List), LSSPer Dr. Jayampathy Wickremaratne (UNP National List), M.A.Sumanthiran (TNA/Jaffna District) and Rauff Hakeem (UNP/Mahanuwara District).

When Jayaratne explained as to how the Exchange Control Act, introduced by the incumbent government, had impeded CBSL and was weaker than the one previously in operation, an irate Ravi Karunanayake, one-time Finance Minister, challenged the CBSL.

Ex-Finance Minister Karunanayake switched ministries with Foreign Minister Mangala Samaraweera, in May 2017. President Maithripala Sirisena removed Karunanayake from the cabinet of ministers, in early August 2017, in the wake of shocking revelations, in the Presidential Commission of Inquiry (P CoI) on CBSL bond scams involving the disgraced Perpetual Treasuries Limited (PTL). Karunanayake was again accommodated in the cabinet of ministers, in Dec 2018, in the wake of the failed constitution coup.

RK vs CBSL

Karunanayake: Where does it say such transactions cannot be inquired into in terms of the new Act?

Jayaratne: In accordance with 2017 Exchange Control Act, Section 30, action cannot be taken.

Karunanayake: You prepared that Act. Why are you pretending as if you don’t know anything, about it?

CBSL amended it several times and sent it back.

Perhaps Jayaratne could have faced a ministerial onslaught if not for Dr. Commissary’s swift intervention. Had Dr. Coomaraswamy opted to remain silent, Jayaratne, probably would have had to suffer in silence unable to talk back to a powerful Minister

Dr. Coomaraswamy: No Sir. The Act actually was not drafted by us.

Karunanayake: Why not?

Dr. Coomaraswamy: No Sir. It was done outside. We were actually very upset about it.We were not included. That was drafted without the CBSL being involved. We were asked to comment on it

 JVP MP Dr. Nalinda Jayatissa: If Batticaloa Campus last received money in 2017, Hizbullah was aware of the new Act being drafted.

Jayaratne: Yes.

 Nalinda Jayatissa: It could have had happened.

Jayaratne: Present Act does not at least interpret what it meant by wrong.

Jayaratne: Unauthorized money transactions were taking place all over the country. Foreign currencies are kept illegally. Transactions do not come into official banking system, not even one USD.

The exchange between Karunanayake and the CBSL erupted when lawmaker Ashu Marasinghe, sought a clarification as regards the difference in the current and the previous Exchange Control Acts.

Chief of the Public Finance Committee Sumanthiran remained silent during the exchange between Karunanayake and the CBSL.

Surprisingly, the PSC refrained from questioning Hizbullah over widely reported clandestine meetings he had with several Saudi nationals, at a Pasikudah hotel, soon after the Easter attacks.

The circumstances in which the Finance Act had been introduced have been disputed by no less a person than the CBSL Governor. It would be pertinent to recall the advice given by Dr. Coomaraswamy to the electorate late last year. Dr. Coomaraswamy issued the advice before President Maithripala Sirisena dissolved parliament at midnight on Nov 09, 2018 following the sacking of Premier Ranil Wickremesinghe.

Crucial advice to electorate

Dr. Coomaraswamy’s statement, made before the Presidential Commission of Inquiry (PCol) on irregularities at SriLankan Airlines, SriLankan Catering and Mihin Lanka, couldn’t have been made at a better time for those who expected a genuine change in the political environment. Unfortunately, the media, pathetically, failed to provide sufficient coverage to, undoubtedly, the most important statement made by a respected public official, in the recent past, on any issue.

Dr. Coomaraswamy told the P Col that the country was facing a non-virtuous cycle of debt and it was a very fragile situation which could even lead to a debt crisis.

"Of course my colleagues in the debt department have plans and capability to manage it. But it’s the duty of every citizen to act responsibly as regards the government policy," he told the PCol.

Dr. Coomaraswamy emphasized that people should elect MPs who were prudent enough to handle fiscal and monetary matters of the country. "I am not referring to any government, but it’s been the case ever since independence."

The shocking CBSL revelation, before the PSC, certainly justified Dr. Coomaraswamy’s statement, before the P CoI late last year. Jayaratne deserves to be publicly applauded for his forthright stand before the PSC. If Jayaratne hesitated, Dr. Coomaraswamy, probably, wouldn’t have had an opportunity to expose an utterly corrupt procedure adopted through the enactment of the new Exchange Control Act. Parliament should inquire into the circumstances under which the said Act was brought in.

With the 2019 presidential election, scheduled for Nov-Dec, followed by the general election, Dr. Coomaraswamy’s advice is of crucial importance.

The CBSL stand before the PSC didn’t receive the coverage it really deserved. The media, both print and electronic, should review their coverage, pertaining to vital developments. Perhaps, the July 26 proceedings, in the PSC, were the most important, since the sittings began in early June 2019 - about eight weeks after the Easter Sunday attacks.

In spite of the PSC being accused of being a Temple Trees project, meant to save the All Ceylon Makkal Congress (ACMC) leader Rishad Bathiudeen, MP, alleged to have been involved with the NTJ, some members of Deputy Speaker Kumarasiri’s outfit proved their mettle.

The UPFA obviously failed to take advantage of the PSC. The UPFA, comprising the JO and the SLFP, missed a golden opportunity to question those summoned by the PSC. They probably felt comfortable in boycotting the PSC. Gampaha District Catholic MP Dr. Kavinda Jayawardena, too, squandered a chance to grill those summoned by the PSC.

Thanks to the PSC, it has been proved beyond doubt the negligence on the part of the Attorney General’s Department led to the Easter Sunday attacks. It has been established that local security authorities quite correctly recognized the growing threat posed by Zahran Hashim, in early 2017. Having inquired into Zahran’s activities, and that of the NTJ, the Terrorist Investigation Division (TID), in June 2017 sought the AG’s approval to neutralize the threat. The AG didn’t respond to the TID request till the NTJ squad carried out near simultaneous attacks, on three churches, in Colombo, Battcaloa and Negombo, and three luxury hotels in Colombo.

The PSC was told as to how the AG summoned the police, for a meeting on March 12, 2019, to discuss Zahran’s matter, in response to the TID’s request, made in June 2017.

Jayantha Jayasuriya, PC, served as the AG at that time. Jayasuriya now functions as the Chief Justice. It was also revealed, before the PSC, as to how Senior State Counsel, Malik Aziz, handling Zahran’s file, delegated the responsibility for watching video clips of Zahran to another person. Perhaps, the PSC should summon that unidentified person and ascertain how he felt when Zahran’s gang struck devastating attacks.

Shocking lapse

The following question and answer session, involving lawmaker M.A. Sumanthiran, Prof. Ashu Marasinghe, Dr. Jayampathy Wickremaratne, Senior Deputy Solicitor General Sumathi Dharmawardena as well as Malik Aziz, is revealing:

M.A. Sumanthiran: The police sent you CDs containing video clips of Zahran, did you receive them?

SDSG Dharmawardena: Yes

Prof Marasinghe: Did you watch them?

SDSG Dharmawardena: You cannot ask me whether I watched them.

Prof Marasinghe: I am not asking from you as a person but I am asking from the Department.

SDSG Dharmawardena: Senior State Counsel Malik Aziz had instructed another official to watch them and, as per the minute we have here, they have compiled a report on May 12, 2019.

Dr Wickremaratne: So you commenced the inquiry, in June 2017, and compiled the report only one month after the bombs went off?

 Sumanthiran: Did the Department ask for reports on updated situation from the police?

SDSG Dharmawardena: No

 Sumanthiran: Isn’t it the usual practice to rely on contemporaneous evidence?

SDSG Dharmawardena: I need to refer back to the file to respond to that question.

At the onset of the proceedings, lawmaker Kumarasiri raised serious lapses on the part of the AG’s Department, from Dappula de Livera. Livera succeeded Jayasuriya, in early May this year.

On the part of Kumarasiri, there was absolutely no hesitation to seek an explanation as to why the AG’s Department neglected its responsibilities, thereby paving the way for Zahran’s murderous endeavour.

Dappula declined to answer on the basis his statement before the PSC could undermine his role as the AG. Livera asserted that if he testified before this commission, rather this committee, as a witness, that would compromise his functions as AG in the discharge of his duties in cases in respect of the Easter Sunday attacks. President’s Counsel on behalf of the PSC accepted Livera’s position following consultations among the members.

What transpired after Livera left the PSC, bared the criminal negligence on the part of a department. Ashu Marasinghe exposed the irresponsible conduct of Senior State Counsel Malik Aziz who sat on the file for nearly two years while Zahran made meticulous preparations for the operation.

Ashu Marasinghe a posed contentious query to Aziz as to how he felt after the Easter Sunday carnage? Aziz, obviously, struggled to cope up with Marasinghe’s line of questioning. Marasinghe reminded Aziz as to how he ignored a note dated May 31, 2018, that reminded him of Zahran’s matter.

Proceedings on July 26, 2019 proved beyond doubt that Sri Lanka could have thwarted the attack on its own. Proceedings also underscored that though some attributed Zahran’s success to the arrest of DIG Nalaka de Silva in charge of the TID, in late Oct 2018. Before him being given bail, in early May 2019 pending investigations, the police headquarters named DIG Waruna Jayasundera as DIG, TID. Nalaka de Silva is under investigation for conspiracy to assassinate President Sirisena and former Defence Secretary Gotabaya Rajapaksa.

The police, too, appeared to have not done enough to secure the required approval especially after Zahran carried out an attack on Kattankudy - based opponents.

Contrary to claims that arrest of intelligence personnel by the yahapalana government weakened the intelligence apparatus so much that Zahran was able to launch attacks, the police had sufficient evidence to zero in on Zahran, though the AG felt otherwise.

Marasinghe sought an explanation from Aziz whether he was conversant with the ICCPR (The International Covenant on Civil and Political Rights) and could Zahran be dealt with that law. Aziz, reluctantly acknowledged that Zahran could have been dealt with the ICCPR. It was nothing but admission of guilt on the part of the Senior State Counsel.

Marasinghe pointed out as to how those who neglected their responsibilities in Zahran’s case pounced on award-winning writer, Shakthika Sathkumara, allegedly for a story on a gay monk. Marasinghe explained the utilization of ICCPR to remand Sathkumara pending investigations. Sathkumara is still in prison.

Role of the CNI

Indian Intelligence services obviously had followed Zahran, and his cohorts, much more closely than our own law enforcement authorities. The PSC should definitely inquire into as to why the police immediately didn’t get in touch with the AG after the Chief of National Intelligence (CNI) retired DIG Sisira Mendis - a member of the National Security Council (NSC) - the received the Indian alert on April 04, 2019. The country knows all about how the NSC neglected its responsibility. Police headquarters owed an explanation as to why an immediate threat assessment wasn’t done as regards Zahran and the NTJ in the wake of the Indian warning. Strangely, the PSC so far made no attempt to establish as to why Army’s Directorate of Military Intelligence (DMI), Sri Lanka’s premier intelligence agency, was deprived of the Indian warning. The previous Rajapaksa administration created the post of CNI to accommodate top intelligence veteran Maj. Gen. Kapila Hendavitharana. As the CNI, Hendavitharana oversaw the entire intelligence apparatus, since 2007 till January 2015. However, soon after the presidential poll, Hendavitharana was replaced by retired DIG Sisira Mendis, a very experienced investigator. Unfortunately, he lacked experience in running an intelligence service. It would be interesting to know as to who decided that the CNI shouldn’t share vital information with the DMI.

Mendis retired amidst a media furor. President Sirisena again entrusted the duties of the CNI with the military. Maj. Gen. Ruwan Kulatunga now functions as the CNI.

Army Commander Lt. Gen. Mahesh Senanayake is on record as having said that DMI was deprived of the Indian warning. Senanayake said so in response to a query from Malcolm Cardinal Ranjith when he visited the Catholic leader at the Bishop’s House, Borella, immediately after the Easter attacks and at the President’s House, in response to the writer’s query at a meeting chaired by President Sirisena.

The PSC never bothered to ask DIG Mendis whether he received instructions to stop sharing information with the DMI or who issued such instructions, if any. The PSC should have asked Lt. Gen. Senanayake when DMI realized the halt in intelligence sharing process.

The AG’s failure and the enactment of the Exchange Control Act, detrimental to the national economy underscored the urgent need to overhaul the current system. Have you ever heard of a parliament bringing in a law that impeded existing regulatory systems, especially those run by the CBSL. The pivotal importance of CBSL cannot be ignored. The current opposition in parliament should take up CBSL revelation as well as the pathetic AG’s Department. The AG’s Department cannot absolve itself of the responsibility for the Easter Sunday attacks. The Department allowed the time and space for Zahran to go ahead with his operation.

Close on the heels of revelations in parliament as regards the dismal performance of the AG’s Department, the Buddhist clergy lodged complaints with police headquarters, demanding the immediate arrest of Senior State Counsel Aziz. Law enforcement authorities cannot, under any circumstances, afford not to investigate whether the Senior State Counsel was subject to any sort of pressure by interested group/groups not to authorize police action.

Zahran had access to many, including politicians. In response to a query posed by the writer, National Front for Good Governance (NFGG) leader and entrepreneur Abdul Rahuman, in late May, 2019, admitted as to how Zahran summoned those contesting the Batticaloa district for a meeting in Kattankudy, in the run up to the 2015 August 17 parliamentary election. The Island raised the issue at a special media briefing, called by NFGG, at Mandarina Hotel, on the Galle road.

When The Island sought an explanation from Rahuman as to how he had contested the August 2015 parliamentary polls as his NFGG received recognition only in 2017, he said that he contested on the SLMC ticket. Rahuman disclosed how he secured nomination as a result of what he described as a tripartite agreement involving the UNP, the SLMC and the NFGG. "The SLMC contested in Batticaloa on its own though in Trincomalee all contested under the UNP ticket. The NFGG fielded a medical doctor in the Trincomalee District." Rahuman alleged that photographs taken at the meeting arranged by the NTJ, in Kattankudy, way back in 2015, had been used to link the NFGG to those involved in the Easter Sunday carnage.

With the father of two of Zahran’s suicide bombers on the JVP National List (was arrested soon after the blasts), a hardcore NTJ operative infiltrating the parliament staff (was taken into custody) in addition to Dr. Seigu Siyabdeen Mohammed Safi of the Kurunegala making an abortive bid to enter parliament on the UNP ticket at the last general election (Safi received nomination due to Rishard Bathiudeen’s intervention - given bail pending investigations into alleged sterilization project) the threat faced by Sri Lanka is not yet over. Anyone trying to dispel fears of fresh NTJ attacks for political reasons will only invite trouble.

Australia-Sri Lanka relations and the significance of Chundikuli meeting

SPECIAL REPORT : Part 280

July 23, 2019, 9:22 pm 

by Shamindra Ferdinando

Australian High Commissioner, David Holly, must have been quite surprised by the unprecedented controversial advice he received from Northern Province Governor, Dr. Suren Raghavan, when they met at the Northern Province Governor’s official residence, at Chundikuli, in Jaffna, on July 16, 2019.

Holly succeeded Bryce Hutchesson, in late January 2019. Hutchesson took over the Colombo mission in Feb 2016. His predecessor was Robyn Mudie (January 2012 to Feb 2016). Mudie was preceded by Kathy Klugman (Feb 2008 to January 2012).

All of them worked hard to advance Australia’s interests in Colombo. Australia pursued tough strategy to prevent Sri Lanka being used as a launching pad for those seeking illegal entry into Australia. In fact, unprecedented Australia-Sri Lanka co-operation, on measures to thwart human smuggling, received Canberra’s commendation throughout this period. In line with the Australia-Sri Lanka strategy, HC Holly, at his meeting with Dr. Raghavan, has reiterated Australia’s commitment to thwart illegal migration from Sri Lanka. Dr. Raghavan, according to his Office, told HC Holly as to how Australia could retain its ‘place internationally by creating a policy on the humanitarian basis, in the case of refugees, like the Canadian government.’

Dr. Raghavan’s suggestion is obviously contrary to the Australian foreign policy and the Australia-Sri Lanka project meant to thwart illegal migration. In spite of the change of government, in January 2015, Sri Lanka followed the joint operation, agreed during the previous administration.

Australian Foreign Affairs Minister Marise Payne, while announcing Holly’s appointment on January 29, 2019, referred to Australia’s Sri Lankan community of 170,000 people making a significant contribution to the Australian society.

Payne: "Our relationship encompasses development cooperation, education and close collaboration on countering people smuggling and transnational crime. Two-way trade reached a record $1.54 billion in 2017-18. We will continue to support Sri Lanka as it makes progress towards meaningful reconciliation. Australia and Sri Lanka work productively, together, to address shared challenges in the Indo-Pacific region, including through the Indian Ocean Rim Association."

The Foreign Ministry should explain Sri Lanka’s policy as regards a vital agreement/understanding with Australia. Sri Lanka cannot, under any circumstances, afford to undermine relations with major powers as a result of politicians and top officials taking different views on contentious issues.

Dr. Raghavan’s assertion that the Australian policy, towards refugees, is not on par with accepted international standards, is certainly disputable. The writer has never heard of any Sri Lankan politician, or official advising a top diplomatic representative that his country should follow policies of another nation. Australia is unlikely to consider such advice.

HC Holly, senior career officer with the Department of Foreign Affairs and Trade, must have been dumfounded by the Sri Lankan’s advice.

Dr. Raghavan caused a strong rebuttal in March, this year, following the Geneva Human Rights Council sessions. UN High Commissioner, Michelle Bachelet, reacted angrily over a statement a section of the Sri Lankan media attributed to Dr. Raghavan.

Bachelet dismissed reports which quoted Dr. Raghavan as having said that the UN Rights Commissioner Bachelet "agreed" that certain facts, incorporated in the UNHRC (UN Human Rights Council) report against Sri Lanka, could not be condoned.

"I am deeply disappointed by the spin that has been put on my discussion with the Sri Lankan Government delegation," she said. She was responding to a statement made by Dr. Raghavan, in Colombo soon after the Sri Lankan delegation returned from Geneva.

Dr. Raghavan responded to Bachelet: "It was deeply regrettable and unfortunate that some portions of that interview – especially in the English media—had lost its original meaning and intention, either in language translation or for reasons unknown."

The statement further said "all discussions were conducted with full bilateral support"

"Madam Bachelet is an exemplary High Commissioner who displayed the highest order of diplomacy and skills which I valued so much," Dr. Raghavan said.

Dr. Raghavan recently secured a place in the newly set up National Security Advisory Board (NSAB). President Maithripala Sirisena, who is also the Commander-in-Chief of the armed forces, in addition to being the Defence Minister, constituted NSAB to examine national security matters in the wake of the Easter Sunday attacks and the ongoing controversy over the signing of the Acquisition and Cross Serving Agreement (ACSA) in August 2017, and the proposed finalization of the Status of Forces Agreement (SOFA) and Millennium Challenge Corporation (MCC) Compact Investment Programme.

The NSAB first met, under the patronage of President Sirisena. at his official residence. It consists of Dr. Sarath Amunugama (Chairman), President’s Counsels Kalinga Indratissa, President of the Bar Association of Sri Lanka, Nigel Hatch, Attorney-at-Law Javid Yusuf, Dr. Ram Manikkalingam, Dr. Suren Raghavan. Manikkalingam heads the Dialogue Advisory Group comprising NGO, INGO, government representatives as well as academics.

A statement issued by President Sirisena’s media office quoted him as having told the NSAB that it was meant to strengthen the process undertaken to ensure the national security by expressing its views and suggestions in an independent manner.

In the wake of the Easter Sunday carnage, Dr. Raghavan called for talks with the NTJ. The declaration was made in the presence of President Sirisena and Army Chief Lt. Gen. Mahesh Senanayake at the President’s House. The Northern Governor said so after the President and Army Commander vowed to eradicate the NTJ and its allies at any cost. The writer was among those present at the President’s House media briefing – the first given by President Sirisena on his return from Singapore. The President was away at the time the NTJ, and its allies, carried out suicide bombings in Colombo, Negombo and Batticaloa.

Sri Lanka should keep in mind Australian assistance provided to the Sri Lanka Navy, over the years, in recognition of its efforts to block illegal migration. In April 2014, Australia and Sri Lanka signed an agreement to transfer two Bay Class patrol boats to the SLN. Sri Lanka took delivery of the two boats in April and June 2014.

Dr. Raghvan cannot be unaware of the special understanding between Australia and Sri Lanka as regards human smuggling. The Foreign Ministry needs to brief both parliament, as well as other senior officials, as regards key policy matters.

The academic-one time director of the presidential media received appointment as the Northern Province Governor, in early January 2019. Dr. Raghavan’s appointment was made along with that of M.L.A.M. Hizbullah and Azath Salley as Governors of Eastern and Western Provinces, respectively. Both Hizbullah and Salley quit their posts, on June 03, 2019, consequent to protests over their alleged backing of the perpetrators of the Easter Sunday carnage.

Sri Lanka needs to speak in one voice on matters of national and international importance. Continuation of an agreement with Australia on anti-human smuggling operation is crucial to bilateral relationship. In fact, whoever is at the helm in Canberra, high profile operation to prevent boats carrying refugees leaving Sri Lanka will continue to be a priority. Therefore, Australia cannot be expected to follow the Canadian politicians who always played politics with Sri Lanka’s issue for personal benefit. Sri Lanka should appreciate the Australian stand instead of playing politics here at the overall expense of Sri Lanka’s national interests.

Good governance activist

named HC to Australia

Recently, the parliamentary high posts committee cleared the appointment of President’s Counsel J.C. Weliamuna as Sri Lanka’s High Commissioner to Australia.

Good governance activist Weliamuna succeeded Somasundaram Skandakumar.

Weliamuna played a critical role in the yahapalana campaign to oust the previous Rajapaksa administration. The first Executive Director of the Transparency International Sri Lanka (TISL) Weliamuna served the organization for almost nine years, till Dec 2010. Weliamuna campaigned against the previous administration in spite of repeated threats to his life. In late September 2008, two hand grenades were thrown at his residence, situated near the Kohuwela police station. The then government received the wrath of both local and international organizations for attack on Weliamuna’s residence also its failure to punish those responsible. Although successive governments provided plum diplomatic posts to non-career diplomats, there hadn’t been a previous instance of a human rights activist receiving an opportunity to head a key mission.

The then Minister of Ports, Shipping & Aviation, Arjuna Ranatunga, in February 2015, appointed a Board of Inquiry, headed by Weliamuna, to conduct a preliminary investigation and ascertain whether there was prima facie evidence of the following (a) Abuse of power by the Board of Directors and the Senior Management of SriLankan Airlines prior to the appointment of the current Board of Directors, in February 2015.(b) Irregularities in the procurement/or leasing of Aircraft and (c) Whether due process has been followed in the procurement of goods and services by SriLankan Airlines, valued at over LKR 25 mn.

The inquiry team comprised attorney-at-law Weliamuna (head), U.H. Palihakkara, B.A.W. Abeywardane and M.K. Bandara. The Colombo Telegraph, in early May 2015, revealed as to how the inquiry team was paid Rs 3.5 mn in taxpayers’ money for the one-and-half month long inquiry. The appointing authority owed an explanation as to how the first yahapalana report cost the taxpayer Rs 3.5 mn.

Weliamuna is the strongest critic of the previous administration, the military and Sri Lanka’s human rights record, to receive such a high diplomatic post. Close on the heels of Sri Lanka co-sponsoring the accountability resolution, on Oct 01, 2015, in Geneva, Weliamuna declared his support for foreign judges in a local judicial mechanism. Weliamuna declared that foreign participation in the proposed war crimes court, was a must.

Weliamuna said so at a media briefing organized at the Information Department, in collaboration with Rupavahini. Weliamuna said that Parliament would have to make the required amendments to pave the way for international participation in the process.

Then Deputy Foreign Minister, Dr Harsha de Silva and Rupavahini Chairman Ravi Jayawardena flanked Weliamuna at the briefing.

Weliamuna insisted that Sri Lanka needed foreign expertise to meet the challenging task of inquiring into accountability issues. Post-war Sri Lanka required international expertise though some extremists sought to cause chaos. Quoting from a UN report that dealt with Sri Lanka, Weliamuna said that the local judiciary lacked the capacity to investigate system crimes (Foreign participation in ‘domestic mechanism’ confirmed with strap line Weliamuna reiterates Lanka lacks expertise to investigate ‘system crimes’-The Island Oct 13, 2015) and (Hitherto unknown ‘war crimes witnesses’ likely to testify before proposed court-Weliamuna - The Island, Oct 14, 2015).

Now, that Weliamuna has been named Sri Lanka’s HC in Canberra, it would be interesting to examine the learned President’s Counsel’s stand in respect of the accountability issues. Those who now represented the Joint Opposition/Sri Lanka Podujana Peramuna had no right whatsoever to voice concern over diplomatic appointments, having packed the foreign service with wholly unsuitable persons. Weliamuna, whatever his politics, is qualified to represent the country at the highest level.

It would be pertinent to mention as to how Australia treated one of Sri Lanka’s top General’s, during Skandakumar’s tenure as Sri Lanka’s HC to Australia. Sri Lanka never took up Maj. Gen. Chagie Gallage’s case though Australia unfairly prevented him visiting his brother (an Australian passport holder) living Down Under. Australia refused visa to Gallage on unsubstantiated war crimes allegations directed at the Sri Lankan military. In spite of President Maithripala Sirisena, publicly expressing concern over senior military officials being denied visa over war crimes allegations, his government did absolutely nothing yet to remedy the situation.

The parliament is responsible for making key appointments to Sri Lankan missions overseas. Therefore, it is the responsibility of the parliament to ensure those appointed to overseas missions represent Sri Lanka’s interests, regardless of their personal convictions. The Foreign Ministry owed an explanation as to how it intended to address the contentious issue of senior military commanders being denied visa on unsubstantiated allegations.

Contradictory positions

Sri Lanka’s failure to take up Gen. Gallage’s visa issue should be examined against the backdrop of Northern Governor Dr. Raghavan seeking a change of Australian policy towards illegal immigrants. In terms of the 13th Amendment, forced on Sri Lanka by India in the 80s, The Governor of a province is the President’s representative in a particular region. Therefore, President exercised executive powers through Governors.

Australia found fault with Gallage for being in command of the 59 Division from May 7, 2009 to July 20, 2009.

The Australian Department of Immigration and Border Protection has extensively cited Report of the OHCHR (Office of the High Commissioner for Human Rights) on Sri Lanka (OISL) to turn down Gallage’s visa. On the basis of the OISL report, Geneva adopted Resolution 30/1 to pave the way for foreign judges in a domestic judicial mechanism.

Australia also cited the UNSG Panel of Experts (PoE) report on accountability issues released on March 31, 2011. POE accused Sri Lanka of massacring over 40,000 civilians and depriving the Vanni population of their basic needs. The combined security forces brought the war to a successful conclusion on May 19, 2009.

There have never been specific allegations against Maj. Gen. Gallage before.

Australia accused Maj. Gen. Gallage of planning, implementing and supporting war crimes and crimes against humanity. Australia also held him responsible as the serving officer for failing to prevent troops, under his command, from committing war crimes.

The Australian report, while identifying Gallage as ‘potential controversial visit’, alleges that the SLA committed atrocities even after the conclusion of the war.

Australia identified the 59 Division, credited with wresting control of LTTE’s Mullaitivu bastion, in late January 2009, as one of the formations responsible for war crimes and crimes against humanity.

Over the years, the US and some other countries have denied visas to senior commanders on the basis of unsubstantiated accusations. In the case of Maj. Gen. Sudantha Ranasinghe, the US refused to accommodate him on a programme as he commanded the elite 53 Division in peacetime.

The writer revealed Gallage’s predicament in March 23, 2017 edition of The Island in a front-page lead story headlined Chagie denied Australian visa over ‘war crimes’ allegations with strap line Unsubstantiated UN claim cited as reason.

Having retired on Aug 31, 2018, Gallage delivered his farewell speech, a week later at Gajaba home in Saliyapura, Anuradhapura. Gallage dealt with a range of issues on his retirement and it was on the eve of the 35th anniversary of the Gajaba Regiment. There had never been a previous instance of an officer having the courage to declare at a farewell banquet, him being categorized as a war criminal for want of government strategy to safeguard the military interests. The political leadership should examine as why an irate Gallage declared: "So, I’m happy to be retired being a tiny particle of that proud chapter of the history, though designated as a ‘War Criminal.’

The Foreign Ministry neglected its responsibility, over the years, primarily for want of a desired political leadership. During the Rajapaksa administration, the Foreign Ministry was always in denial mode. The previous administration never felt the requirement to mount a proper defence in Geneva. Instead, the ruling coalition played politics with the issue. The then President Rajapaksa sought political mileage by repeatedly claiming that he risked ‘electric chair’ and was prepared to face it for the sake of the people.

The ongoing controversy over former Foreign Secretary Prasad Kariyawasam being the beneficiary of the US largesse shouldn’t be examined in isolation but comprehensively studied, taking into consideration the larger picture. Many had conveniently forgotten today as to how Kariyawasam ended up as an advisor to the parliament. The writer, on more than one occasion, discussed the circumstances leading to Kariyawasam’s appointment. Having served the country as Sri Lanka’s Ambassador in Washington (2014 to 2017), Kariyawasam functioned as the Secretary to the Ministry of Foreign Affairs before taking up the post in parliament in Dec 2018 in accordance with an agreement between Sri Lanka parliament and the UN finalized in Sept 2016.

The Indian factor

Protecting ‘borders’ in the wake of Easter Sunday attacks:

SPECIAL REPORT : Part 279

July 16, 2019, 8:51 pm 

The then Defence Secretary Gotabaya Rajapaksa and Minister of Immigration and Border Protection Scott Morrison sign an agreement to pave the way for Australia to hand over two Bay Class patrol boats to Sri Lanka Navy. The deal was finalized during Rajapaksa’s visit to Canberra in April 2014. The then Sri Lanka High Commissioner in Australia Admiral Thisara and Austraoian High Commisioner in Colombo Robyn Mudie look on. In spite of change of governments, Sri Lanka – Australia closely cooperate to prevent human smuggling.

By Shamindra Ferdinando

A high profile Australian strategy is being currently implemented in Sri Lanka to curb illegal migration. Australia cannot be faulted for trying to protect its borders. Sensible governments always take measures to defend their borders. Australia is proceeding with its controversial strategy in the face of criticism from various interested parties. Australia’s priority, obviously, is to block illegal migration, at any cost.

Australia is the only country to launch a propaganda campaign, in Sri Lanka, to discourage illegal migration. In fact, some countries encourage illegal migration by accepting those who propagate blatant lies to secure political asylum. The Australian stand on illegal migration differs from that of its allies, especially Canada and the UK.

Australia has recently warned again that illegal migration will not be tolerated. The Australian advertising campaign seeks to underscore the continuation of its tough border control policy.

A four-point Australian plan addresss a four specific issues in respect of existing border controls (1) Australian border control policy remains the same, in spite of change of government, in May, 2019 (II) All unauthorized boats, seeking to enter Australian waters, will be turned back (III) No basis for human smugglers claim that border controls are done away with and (IV) Those found to have violated Australian border controls will never be accepted again.

Australian Prime Minister Scott Morrison formed a majority government, following the May 2019 election, though many expected a Labour Party win.

Unlike many other democracies, Australia has mandatory voting for people aged 18 and over – or they risk a fine.

Advocates say the mandatory system depolarises the vote and reduces the influence of lobby groups, though some disagree. Sri Lanka’s Election Commission should seriously discuss with political parties, both represented in parliament and outside, whether legislation can be introduced to make voting mandatory. Such a move is in line with Election Commission Chairman Mahinda Deshapriya’s much-touted project to encourage voting.

Australia invests heavily in long-term plans to curb illegal migration. In accordance with its strategy to deter illegal migration, Australia liaises with countries including Sri Lanka and launched a joint project with Sri Lanka with the previous Rajapaksa administration to prevent Sri Lanka being used to launch boats carrying illegal immigrants. The Australian project continues even after the change of government, in January 2015.

During a recent interview with the Commander of the Navy, Vice Admiral Piyal de Silva, the writer sought his views on Sri Lanka’s relations with Australia. ‘A bigger Navy for post-war Sri Lanka’ published in the July 10, 2019 edition of The Island dealt with a range of issues. The following is The Island query and VA De Silva’s response regarding Australian efforts to curb illegal migration.

The Island: Sri Lanka’s relations with Australia, in the maritime domain, seem to be continuously improving. Can you explain the current status? VA De Silva: "We have collaborated with Australian efforts to curb human smuggling operations, originating in Sri Lanka. We have been able to neutralize several smuggling syndicates over the years. Australia included Sri Lanka in a large scale military exercise, ‘Indo-Pacific Endeavor 2019’. In recognition of our efforts to curb human smuggling, Australia, in 2014, gifted two Bay class patrol boats previously used by the Australian Customs and Border Protection Service (ACBPS). They were commissioned as SLNS Mihikatha and SLNS Rathnadeepa. Early last year, Australia donated two main engines to replace those of SLNS Mihikatha. In January this year, Australia gifted three stabicraft. In addition, Sri Lanka also received 10 combat rubber raiding craft."

Despite criticism of the Sri Lankan military, at the Geneva-based United Nations Human Rights Council, Australia continuously backed Sri Lanka, primarily due to the latter extending unrestrained support to the controversial Australian project to curb human smuggling. Human smuggling is a highly contentious political issue there with consensus on punitive measures to curb unauthorized entry. Australia regularly advertise both on print and electronic media as part of its overall measures to discourage would-be immigrants.

SLN’s Maritime Strategy 2025

‘A bigger Navy for post-war Sri Lanka’ received mixed reactions with some retired, as well as serving military officials, warning of dire consequences unless tangible measures were taken to prevent illegal boat movements between Sri Lanka and India across the Indo-Lanka maritime boundary.

One officer queried why The Island had ignored a vital security issue - perhaps the most important in the wake of the Easter Sunday attacks. The officer underscored the pivotal importance of the government taking tangible measures to prevent unauthorized boat movements to and from Sri Lankan waters. Responding to a query, the officer asserted that our maritime strategy should be fully geared to effectively block sea routes, leading to and from the north of Kalpitiya, up to Pooneryn, and north of Pulmoddai, up to Nagarkovil. The official explained: "The Palk Straits, covering northwards from Kalpitiya, in the Western coast, and northwards from Mullaitivu, in the eastern coast. North Western Command headquartered at Mullikulam responsible for Kalpitiya to Mannar, North Central Command headquartered at Talaimannar covering Mannar to Devil’s Point, Northern Command based at Kankesanthurai taking care of the area from Devil’s Point to Chalai and finally Trincomalee headquartered Eastern Command responsible for Chalai-Mullaitivu sector."

Can Sri Lanka ignore threats posed by the perpetrators of the Easter Sunday attacks having access to India across the Indo-Lanka maritime boundary? While increasing the OPVs (Offshore Patrol Vessels/Advanced Offshore Patrol Vessels) and frigates up to 20, the Navy should adopt a tangible ‘hybrid’ strategy to cover high seas and ‘threats’ closer to the land. The Navy cannot be unaware of the continuing threat posed by unauthorised boat movements.

Did Zahran Hashim ever use an unauthorized sea route to reach his contacts in India? Hashim led suicide bombers tasked to target three churches and three hotels. Now there is controversy as to why the suicide bomber, assigned to target Taj Samudra, failed in his task. The Sri Lanka Freedom Party (SLFP) General Secretary Dayasiri Jayasekera, MP, who is also President Maithripala Sirisena’s spokesperson, queried as to how the Taj escaped the blast. The issue came up last Wednesday (10) when the lawmaker appeared before the Parliamentary Select Committee (PSC), inquiring into the Easter Sunday carnage.

Hashim perished in the suicide attack on Shangri-La. Political commentator Gevindu Kumaratunga recently queried as to why two suicide bombers targeted Shangri-La whereas all other targets were taken by a bomber each.

Sri Lanka paid a very heavy price for not having the required assets to protect its seas. In spite of eradicating the LTTE, in May 2009, Sri Lanka remains vulnerable to attacks mounted by external parties, operating with or without the knowledge of foreign powers.

Close on the heels of the Easter Sunday attacks, a section of the media reported a Sri Lankan software engineer, suspected of having provided technical and logistical support to the Easter Sunday suicide bombers, was monitored by Indian intelligence agencies three years ago for links with Islamic State operatives, based in India. The media identified the suspect as Aadhil Ameez, a 24-year-old, under Indian scrutiny since 2016.

DMI on Zahran’s project

The National Security Council (NSC) should examine the naval strategy, currently in place, to detect boat movements across the Indo-Lanka maritime boundary. The possibility of local elements, working with foreigners taking advantage of organized Indian poaching in Sri Lankan territorial waters, cannot be ruled out. Brigadier Chula Kodituwakku, Director, Directorate of Military Intelligence (DMI) explained as to how Zahran developed contacts with the Islamic State during his stay in India. A selected group of journalists, including Colombo-based Indian correspondents and other representatives of international news agencies, received the briefing at the President’s House a couple days after the Easter Sunday carnage.

The DMI Chief didn’t indicate as to how Zahran reached India. Unfortunately, the writer neglected an opportunity to seek clarification as to how the leader of the National Thowheed Jamaat travelled to India.

Brig. Kodituwakku didn’t indicate whether the DMI was aware of Zahran’s return from India.

Kodituwakku concluded his presentation by attributing the NTJ bombings to four specific factors (I) battlefield setbacks suffered by Islamic State in Syria (II) Islamic State influence (III) Massacre of Muslim worshipers in a New Zealand mosque and (IV) domestic reasons. Although, the media sought an explanation as to what the domestic reasons were, they didn’t receive a response.

The government should in fact, inquire as to why Sri Lanka’s premier intelligence service, the DMI, failed to identify the threat posed by the NTJ and its allies on its own. Sri Lanka’s failure to swiftly act on intelligence provided by India shouldn’t be mixed up with the DMI fiasco. Had there been proper DMI inquiry into the killing of two police constables at Vavunativu, Batticaloa, in late Nov 2018, the NTJ would have been most likely exposed. Unfortunately, the DMI neglected its responsibility. The Criminal Investigation Department(CID) and the Terrorist Investigation Division (TID), too, were clueless as regards Vavunativu killings until Zahran’s driver revealed the NTJ’s direct involvement, following his arrest in the wake of the Easter Sunday attacks.

Fifty-three-year-old Muhammad Sharif Adam Lebbe alias Gaffur, said to be Zahrans’ driver, was arrested by Kattankudy Police and later handed over to the CID. Lebbe is among those who had been detained under the Prevention of Terrorism Act (PTA).

Sri Lanka should inquire into Zahran’s links in India. Did Zahran promote Islamic State in India during his stay there? Or did Islamic State get in touch with Zahran during his stay in India? Specific information as regards NTJ operation provided by Indian Intelligence to Sri Lanka on April 04, 2019, revealed the level of Indian infiltration into Zahran’s network. How come our own intelligence services failed to make a fresh threat assessment, even after receiving Indian warning?

Moneragala District MP Ananda Kumarasiri-led PSC inquiring into the Easter Sunday attacks is yet to ascertain as to why the then Chief of National Intelligence (CNI) retired DIG Sisira Mendis refrained from passing the Indian warning to the DMI.

It would be pertinent to mention that retired Maj. Gen. Kapila Hendavitharana who had been the predecessor of Mendis, played a pivotal role in overall intelligence apparatus during the conflict, and after, though the change of government brought far reaching changes in the security setup. Hendavitharana was replaced by respected investigator though he didn’t have required experience in intelligence operations.

Following the intelligence debacle, the government replaced Sisira Mendis with Maj. Gen. Ruwan Kulatunga, a serving officer. Wouldn’t it be necessary to find out as to why the first yahapalana CNI officially deprived the DMI of intelligence received from India. But, even if the DMI hadn’t received intelligence, courtesy the CNI, the former cannot absolve itself of the responsibility for its failure.

Local Intelligence Community should be ashamed of its failure, especially against the backdrop of sufficient warnings received from both foreign and local ‘sources.’ In fact, Zahran had come to the attention of law enforcement authorities as well as intelligence services a couple of years ago. Zahran had been also under Indian scrutiny, both here and there. New Delhi seems to be fully aware of Zahran’s setup. Although Muslim political parties tried to play down Zahran’s involvement with them, the NTJ leader wielded sufficient power to discuss political arrangements with them, both at the last presidential and parliamentary election in January 2015 and August 2015, respectively. Zahran had been active during the last Local Government poll, in February 2018, though political parties sought to distance themselves from the mass murderer.

Nearly three months after the Easter Sunday attacks, Zahran’s project remains a mystery. The PSC should make every effort to establish the circumstances leading to the April 21 attacks. The legal action, initiated against the former Defence Secretary Hemasiri Fernando and suspended IGP Pujith Jayasundera, fundamental rights action taken by Jayasundera against him being sent on compulsory leave and the PSC probe should help Sri Lanka to establish the truth. Continuing arrests made by the police of youth who had received weapons training with Zahran in Blackpool, Nuwara-Eliya and Hambantota, among other places, underscored the need for a no holds barred investigation.

Zahran backed common candidate Maithripala Sirisena at the January 2015 presidential election. Having switched his allegiance to the UNP, Sirisena received the backing of a powerful US backed political grouping comprising the UNP, TNA, JVP and SLMC. A large civil society grouping threw its weight behind Sirisena.

Hizbullah glad Zahran is dead

Hizbullah told the PSC: "I met Zahran Hashim in 2015. He was not a terrorist then. He was a leader of a religious group. He summoned all candidates, who contested in our district, for a meeting. There he sought our agreement with a list of demands prepared by him. The list contained demands with regard to use of loudspeakers, seating arrangements for women, etc. We all agreed with him. Even Sri Lanka Muslim Congress candidate, UNP and UPFA candidates were there. Because we needed his support we agreed to his demands. He could muster 2,000-3,000 votes. Our objective was only obtaining votes.

"At the general election, Zahran worked against me. I couldn’t get around 2,000 votes because of him. I failed to enter parliament as I was short of 121 votes. Then, I was able to secure a National List slot. But Zahran staged protests in the East so that I could not become an MP. I am happy that Zaharan is dead because I can now win the next election without any trouble from his group."

Hizbullah, who backed Mahinda Rajapaksa, at the last general election, in August 2015, was brought into parliament through the National List when he was defeated. President Sirisena, in his capacity as the leader of the SLFP and the SLFP-led UPFA, accommodated several defeated candidates. Hizbullah was among those who had been rejected by the electorate but was lucky enough to be chosen by the SLFP leader.

President Sirisena deprived a number of deserving UPFA seniors of the opportunity to enter Parliament via the National List. Among those deprived were Dew Gunasekara, General Secretary of the Communist Party, who earned the respect of parliament and the public for spearheading 2015 parliamentary inquiry into the first treasury bond scam perpetrated by the UNP in late Feb 2015.

In January this year, President named Hizbullah as the Governor of the Eastern Province. Hizbullah succeeded Rohitha Bogollagama, one-time External Affairs Minister whereas President named two others, Azath Salley and Maithri Gunaratne as the Governors of Western and Central Provinces, respectively. Both Hizbullah and Salley quit their posts following accusations over their alleged links with the perpetrators of the Easter Sunday attacks. During a recent live interview on Sirasa, the ‘Pathikada’ anchor Bandula Jayasekera sought an explanation from Central Province Governor and attorney-at-law Maithri Gunaratne as to why he appeared for Abdul Razak accused of being involved with the suicide bomber Atchchi Muhammadu Muhammadu Hasthun from AFC Road Valachchenai who killed over 100 men, women and children at the Katuwapitiya church.

The National Front for Good Governance (NFGG) which backed the common candidate at the January 2015 presidential election, too, was accused of complicity in Zahran’s operation. NFGG leader Abdul Rahman denied the accusations at a special press conference while admitting that he, too, knew Zahran Hashim at the time of the last national election. Zahran seemed to have been involved with Batticaloa politics in a big way.

Maithri Gunaratne explained at that time he appeared for Razak the latter was not accused of any involvement with clandestine activities/terrorism. Razak appeared before the PSC where he was also questioned on his connections with the Katuwapitiya bomber. The inquiry seems to be far from over…...

A bigger Navy for post-war Sri Lanka!

SPECIAL REPORT : Part 278

July 9, 2019, 8:01 pm 

The latest addition to SLN’s fleet, a missile frigate, used by China, on arrival at the Colombo port on Monday (June 8).

By Shamindra Ferdinando

Sri Lanka is in the process of building a 20-ship Navy by 2025—a highly ambitious project crucial to ensure the nation’s maritime rights and interests. The navy is confident of achieving the daunting task though it seems beyond Sri Lanka’s reach. A decade after the successful conclusion of the war, Sri Lanka is pursuing ‘SLN’s maritime strategy 2025 ‘ a task gravely undermined by the unprecedented current turmoil.

The project was launched during then Vice Admiral R.C. Wijegunaratne’s tenure as the Commander of the SLN (July 2015 - Aug 2017). Wijegunaratne now serves as the Chief of Defence Staff (CDS).

The ongoing controversy over the Acquisition of Cross Servicing Agreement (ACSA) signed in early Aug 2017, and the proposed Status of Forces Agreement (SOFA) seem to be causing quite a problem, in addition to a range of other issues, particularly the Easter Sunday attacks, mounted by the now proscribed National Thowheed Jamaat (NTJ). The country is still struggling to cope up with the coordinated bombing campaign that caused a debilitating setback to the current dispensation.

SLN’s maritime strategy 2025

Can a project, as big as ‘SLN’s Maritime Strategy 2025,’ be sustained in time of turmoil? It would be the responsibility of political parties, represented in parliament, to ensure continuation of projects vital to national security, political stability and prosperity. Having caused so much disruptions, since the last presidential election, in January 2015, and the subsequent parliamentary election, eight months later, it would be the collective responsibility of those political parties, represented in parliament, to work towards a consensus on at least matters of national importance.

Sri Lanka’s foreign relations appears to be in chaos with major domestic political powers pulling in different directions. Their disagreement is certainly not limited to ACSA in operation and planned SOFA and the Millennium Challenge Corporation (MCC) compact.

Sri Lanka first entered into ACSA in early March 2007 at a time the then government was yet to launch the Vanni offensive. Parliament wasn’t at least informed of the Rajapaksa administration’s decision until the then Defence Secretary Gotabaya Rajapaksa signed it on Sri Lanka’s behalf. Ambassador Robert Blake signed for the US.

Amb. Teplitz assures no US

base in Lanka

In a special message issued by US Ambassador in Colombo, Alaina Teplitz, to mark the 243rd Independence Day of the US, the envoy addressed several contentious issues, including alleged setting up of a base here, as well as transferring of US vessel to Sri Lanka. Ambassador Teplitz is on record as having said: "The sea lanes that pass beside Sri Lanka are important for many nations, which is why the United States is helping Sri Lanka’s capacity to protect its coast and waters. In June, I joined President Sirisena at the commissioning of SLNS Gajabahu, the Sri Lankan Navy’s largest vessel. A gift from the American people, the former US Coast Guard Cutter represents the United States’ commitment to strengthening Sri Lanka’s ability to protect its security and prosperity....Just like the gifting of the USCG Cutter, our military cooperation is open and mutually beneficial. Every joint exercise, every training in disaster response, is done at the invitation of our Sri Lankan hosts. The United States has no intention of building a base here. Instead, we are building relationships that help keep both our countries safe."

Navy Chief Vice Admiral Piyal de Silva, in an exclusive interview with the writer, last weekend, discussed current developments, including the expansion of the service in line with the ‘SLN’s maritime strategy 2025.’ Having joined the ‘silent service’ in 1984 as an officer cadet, De Silva acquired expertise in explosive ordnance disposal diving during the war and received appointment as the Commander of the SLN on January 01, 2019.

VA De Silva said that Sri Lanka really got an opportunity to explore ways and means of building a larger fleet, capable of meeting maritime challenges after the end of the conflict. De Silva explained the difference in SLN’s priorities, during the conflict and after, as well as ongoing efforts to modernize the service, in line with ‘SLN’s Maritime Strategy 2025’

A case for a bigger Navy

The writer posed several questions as regards the post-war developments. The Island: How many Offshore Patrol Vessels (OPVs) SLN acquired since the conclusion of the war, in May 2009? VA De Silva: "We took delivery of three - two new advanced OPVs namely SLNS Sayurala and SLNS Sindurala built in India, and one from US Coast Guard. Advanced OPVs were built in Goa shipyard in terms of an agreement signed in Feb 2014. Advanced OPVs SLNS Sayurala and SLNS Sindurala cost Sri Lanka taxpayer USD 66 mn and were commissioned in Aug 2017 and April 2018, respectively. In addition to Indian built OPVs, Sri Lanka, in June this year, commissioned High Endurance Cutter Sherman, taken delivery from the USCG. US Ambassador Teplitz referred to the commissioning of High Endurance Cutter Sherman as SLNS Gajabahu.

A vessel gifted to SLN, by China, reached the Colombo port, on July 08, though it was to come the previous day. The ‘Jangwei I’ class missile frigate was previously the ‘Tongling’ in the People’s Liberation Army’s Navy (PLAN) and served until 2015. The vessel acquired from China will be commissioned next month."

VA De Silva said that he headed the teams, tasked with inspecting Tongling and USCG Sherman in 2015 and 2017, respectively. The SLN chief said that China gifted the vessel whereas Sri Lanka paid for upgrading of USCG Sherman, required spares and training.

The Island: Why do you need a peacetime fleet bigger than one available during the conflict? VA De Silva: "We are pursuing a strategy meant to meet present and future maritime surveillance, patrolling as well as search-and-rescue needs. Port of Colombo is the best connectivity port in South Asia. Colombo port, currently holding the 13 slot in global best connectivity rankings, whereas it has been ranked as the world’s fastest growing port from among the top 30 container ports for the first half of 2018. We should be really proud that 20 mainline operators, currently use Colombo, and there cannot be any dispute over the need to maintain highest standards. Colombo is capable of serving what we call ‘Triple E’ class (Economy of scale, Energy efficient and Environmentally improved) ships – a facility not available at all ports. With transshipment trade continuing to grow with ship movements east to west and west to east as well as other challenges, such as smuggling narcotics, Illegal, Unreported and Unregulated (IUU) fishing, marine pollution, protecting fisheries industry, oil/chemical spills, human smuggling et al. There is consensus even in the absence of war, we need a larger fleet to guarantee our maritime rights and interests and also to meet our international obligations. Our SAR (Search and Rescue) region is nearly 27 times that of land area therefore an expanded fleet is necessary to meet the requirements."

VA De Silva said that more shipping means more shopping and more shipping demands a higher level of security of uninterrupted sea lanes of communications. He acknowledged that Sri Lanka found it difficult to concentrate on some issues during the conflict. However, since the end of the conflict, efforts were being made to pursue a naval strategy, though difficulties existed.

Many years ago, the Jane’s Fighting Ships quoted former President Chandrika Kumaratunga as having said "If we had upgraded our Navy earlier, the problem of Tamil separatist terrorism would not have taken the present form." Kumaratunga made this assertion at a time her Navy was struggling to block LTTE sea supply route. A costly operation, called ‘Varuna Kirana’, launched in May 2001, to detect LTTE movements towards Chalai and Mullaitivu, never succeeded in achieving its primary objectives though two LTTE vessels were sunk off Mullaitivu on March 10 and June 14, 2003. Having succeeded VA Daya Sandagiri, VA Wasantha Karannagoda terminated ‘Varuna Kirana’ and undertook an unprecedented operation to hunt down LTTE floating arsenals.

In the wake of wartime Defence Secretary Gotabaya Rajapaksa signing the first ACSA, VA Karannagoda, on a request made by him to then US Ambassador in Colombo, Robert Blake, the US provided the required intelligence to successfully hunt four enemy vessels – three in September 2007 and one in the following month. The vessels sunk on US intelligence were among eight floating arsenals destroyed during VA Karannagoda’s tenure (Sept 2005 to July 2009) as the Commander of the Navy. Karannagoda was followed by VA Tisara Samarasinghe (July 2009 to January 2011), Somathilake Dissanayake (January 2011 to Sept 2012), Jayanath Colombage (Sept 2012 to June 2014), Jayantha Perera (July 2014 to July 2015), Ravi Wijegunaratne (July 2015 to August 2017), Travis Sinniah (August 2017 to Oct 2017) and Sirimevan Ranasinghe (Oct 2017 to Dec 2018). Piyal de Silva received his appointment as the Commander of the Navy on January 01, 2019.

The Island: What were SLN priorities after the end of the conflict? VA De Silva: In accordance with overall post-war government objectives, the SLN played a significant role in meeting the civilian needs in war torn areas. Infrastructure development, such as construction of jetties in Jaffna islands, were part of the initiative.

We took measures to curb attempts to bring in narcotics into Sri Lanka, human smuggling, IUU fishing and also concentrated on humanitarian assistance, search-and-rescue, as well as transferring sick sailors sea to shore. The SLN is also continuously engaged in capacity building and maintaining available assets, in addition to enhancement of power to meet combat requirements.

VA De Silva emphasized even at the height of the war in spite of severe constraints, the Navy always committed its precious assets to fulfill tasks outside military missions/purposes. The SLN Chief underscored the pivotal importance of introducing upgraded training modules to meet present and future requirements. The naval veteran said that regardless of the environment, the military operated, the significance of ensuring welfare and well being of officers and men were paramount.

The Island: Against the backdrop of controversy over ACSA and SOFA, can you explain the SLN relationship with US-led US-Japan-India alliance? VA De Silva: "We maintain cordial relations with all countries. Throughout the war, Sri Lanka received armaments, training and support from various countries. We continue to receive foreign support. Sri Lanka receiving USCG Sherman and Chinese frigate proved continuing international support to our endeavours."

Chinese Ambassador, in Colombo Cheng Xueyuan with Commander of the Navy, Vice Admiral Piyal De Silva at a ceremony to mark the arrival of the vessel. China provided a range of arms, ammunition and equipment throughout the war.

The Island: Sri Lanka’s relations with Australia in the maritime domain seem to be continuously improving. Can you explain the current status? VA De Silva: "We have collaborated with Australian efforts to curb human smuggling operations, originating from Sri Lanka. We have been able to neutralize several smuggling syndicates over the years. Australia included Sri Lanka in a large scale military exercise ‘Indo-Pacific Endeavor 2019’ this year. In recognition of our efforts to curb human smuggling, Australia in 2014, gifted two Bay class patrol boats previously used by the Australian Customs and Border Protection Service (ACBPS). They were commissioned as SLNS Mihikatha and SLNS Rathnadeepa. Early last year, Australia donated two main engines to replace those of SLNS Mihikatha. In January this year, Australia gifted three stabicraft. In addition to Sri Lanka received 10 combat rubber raiding craft."

In spite of criticism of Sri Lankan military, at the Geneva-based United Nations Human Rights Council, Australia continuously backed Sri Lanka, primarily due to the latter extending unrestrained support to the controversial Australian project to curb human smuggling. Human smuggling is a highly contentious political issue there with consensus on punitive measures to curb unauthorized entry. Australia regularly advertise, both on print and electronic media, as part of its overall measures to discourage would be immigrants.

The Island: Since the end of the war in May 2009, the SLN took delivery of four vessels - two from India, one US and one China. Will you be acquiring more vessels of similar types within the next couple of years? VA De Silva: Certainly, we need to acquire more ships in accordance with the SLN’s Maritime Strategy 2025. We have received proposal from Colombo Dockyard PLC, an experienced ship builder, to build two OPVs. However, contract in this regard is yet to be finalized.

CDL is a Board of Investment of Sri Lanka registered, Colombo Stock exchange listed company operating in collaboration with Onomichi Dockyard Co. Ltd Japan. CDL supplied Fast Attack Craft (FACs) to the Navy though the CDL built craft couldn’t match those procured from Israel or the US.

VA De Silva said that the SLN was also examining the possibility of acquiring a new floating dock to carry out maintenance of OPVs.

The Island also sought an explanation as regards the deployment of Fast Attack Craft (FACs) in time of peace. During the war, the FACs played a significant role in eradicating Sea Tiger power. VA De Silva: In spite of the absence of hostile craft out at sea, we need FACs to respond swiftly and decisively in case of an emergency. FACs continue to engage in anti-human smuggling operations, surveillance IUU fishing as well as search-and-rescue operations. There is no requirement to enhance FACs. However, we intend to maintain FAC existing units.

VA De Silva also discussed the difficulties caused by large groups of Indian fishing craft crossing the maritime boundary, regardless of the presence of Indian and Sri Lankan naval as well as Coast Guard. Although a range of measures had been discussed at different levels over the past several decades to tackle poaching, the relevant parties were yet to reach consensus on an action plan. "We take tangible measures to discourage poaching, particularly by large multi day fishing trawlers".

The Island: The SLN undertook Inshore Patrol Craft (IPC) building project a long time ago. Ten years after the successful conclusion of the war, what is the status of this particular project? VA De Silva: We are continuing to build IPCs for our own use as well as other agencies, both local and abroad. In Feb 2019, Sri Lanka gifted two 14.85 m long IPCs to Seychelles at the Sri Lankan Navy shipyard Rangala Institute in the Colombo Port. President Sirisena participated at the event. The construction of two IPCs were undertaken following President Sirisena’s official visit to Seychelles in Oct 2018.

VA De Silva said that Seychelles, subsequently ordered two IPCs on payment. The Navy Chief revealed plan to build a 20-meter long vessel for SLN duties.Commenting on CSR (Corporate Social Responsibility) projects undertaken by the SLN, VA De Silva said that the SLN was in the process of installing water treatment plants (Reverse Osmosis plants) in areas badly affected by the kidney disease. The SLN’s Research and Development Unit launched this project in Dec 2015 during the then Navy Commander VA Wijegunaratne’s tenure. Since the commencement of the project, the SLN provided approximately 650 RO plants.

VA De Silva also explained the other major project undertaken by Research and Development Unit to provide Thalassemia Infusion Systems to patients. The medical equipment were provided free of charge.

The Navy’s Research and Development Unit invented the device in 2010. Further improvements were made to improve the standard and it is now being used in line with the Health Ministry guidelines at Government hospitals. In 2012 the system won the Engineering Excellence Award from the Institution of Engineers of Sri Lanka for its manufacturing excellence.

VA De Silva said that the SLN also engaged in beach cleaning and tree planting as part of its efforts to protect the environment.

An overwhelming task

The wartime Navy struggled, almost on a daily basis, to keep open treacherous sea supply routes to Kankesanthurai, in the absence of Overland Main Supply Route (MSR). The Army lost MSR way back in June 1990. The MSR was restored in early 2009 following the liberation of Elephant Pass and Kilinochchi in quick succession. Regular suicide attacks on convoys between Trincomalee and Kankesanthurai couldn’t break the supply route though Sea Tigers managed to cause severe disruptions. The SLN sustained regular movements to enable off duty personnel to leave the Jaffna peninsula and also return to their northern bases. The SLAF couldn’t have, under any circumstances, maintained sufficient flights between Ratmalana/Katunayake and Palaly to meet the demand. At the height of the war, the Jaffna deployment comprised at least 50,000 officers and men. During the early stages of the war, the Navy conducted large scale amphibious assaults on enemy-held beaches to enable large scale rescue operations. Operation Balavegaya is a case in point. Balavegaya troops saved those trapped in the Elephant Pass base during the Eelam War II. Towards the end of the Eelam War IV, the Navy mounted the largest ever blockade of the Mullaitivu seas to prevent LTTE leaders and their families trying to reach India. The then VA Karannagoda’s successful blockade achieved desired results - the LTTE leader Velupillai Prabhakaran perished on the banks of the Nanthikadal lagoon, on the morning of May 19, 2009.