A deal on ECT at the Colombo harbour

 SPECIAL REPORT : Part 349

December 30, 2020

By Shamindra Ferdinando

Sri Lanka Muslim Congress (SLMC) leader Rauff Hakeem, MP, recently told The Island that Sri Lanka had no option but to involve India in the development of the deep water facility, the East Container Terminal at the Colombo Port, which has been built to accommodate the largest container ships that ply around the world carrying as many as 16,000 containers (TEUs), like its competing Chinese-run Colombo International Container Terminal also in the more recently built and what is known as the Colombo South harbour.

The Samagi Jana Balavegaya (SJB) Kandy District lawmaker said so in response to the writer seeking an explanation as regards his stand on the issue at hand in the wake of his quite controversial statement on Derana ‘Wadapitiya’, anchored by Chathura Alwis.

In response to The Island assertion that the SLMC leader took a bold but factual stand on the matter and  responded: “Why beat around the bush? That is the truth.”

He hit the nail on the head, when Attorney-at-Law Hakeem declared that due to the Colombo harbour’s very heavy dependence on Indian transhipment cargo, there was no choice.

Having first entered Parliament in 1994 on the People’s Alliance (PA) National List, Hakeem took over the leadership of the SLMC soon after its founder leader M.H.M. Ashraff was killed in a helicopter crash in September 2000.

Amidst a simmering dispute over alleged Indian investment in the ECT that had engulfed the SLPP administration, Hakeem is the only lawmaker to publicly come out with the somewhat unpalatable truth that the bulk of Colombo port’s business come from Indian transhipment cargo. Hakeem, who has been in the PA, UPFA (United People’s Freedom Alliance) and the UNF (United National Front) governments as a Cabinet Minister didn’t mince his words and quite surprised the other participants, Wasantha Samarasinghe (former JVP MP and its current Anuradhapura District leader) and State Ministers, D.V. Chanaka (Hambantota District) and D.B. Herath (Kurunegala District).

Hakeem joined the programme after its commencement but lucidly explained his stand on a number of matters, including the simmering dispute over cremation of Muslim Covid-19 victims and the high profile ECT transaction. The SLMC group, within the 54-member SJB, consists of five lawmakers, including Hakeem. Hakeem recently suffered a severe setback when his four other MPs in Parliament voted for the SLPP’s 20th Amendment last October, while he alone from his party voted against it.

Besides the yahapalana regime, in which Hakeem’s SLMC was a full partner, had already muddied the Lankan waters by giving away the Hambantota Port to China on a 99-year lease. So it is only natural for New Delhi to have a foothold in Colombo with the ECT. Even our comrades, the JVP, though now making lots of noise over ECT going to the Adani Group of India, hardly murmured a word in protest when it was cavorting with the yahapalana regime at the time of the virtual sale of Hambantota to the Chinese.

The Kandy District MP, who had previously held the Ports and Shipping portfolios, said that the SLPA (Sri Lanka Ports Authority) owned JCT (Jaya Container Terminal) in addition to Unity Container Terminal. The SLMC leader emphasized the need to further develop JCT whereas CMPH (China Merchant Port Holdings) managed Colombo International Container Terminal (CICT) and Keells-led conglomerate owned South Asia Gateway Terminal (SAGT) conducted their operations successfully.

Amidst the simmering ECT issue, the former Minister declared that though some opposed foreign investment in such strategic projects, the country facing a daunting financial crisis had no option but to accept the Indian investment.

Ironically when the SLPA advertised the Colombo South Harbour for investment after it built its breakwater with a USD 300 million loan from the Asian Development Bank after the end of the war, India was not interested and for that matter no one else made any worthwhile offer other than the Chinese. However as in the case of Hambantota, New Delhi awakened to its value when the China Merchant Port Holdings singlehandedly bid and obtained the CICT berth on a 35-year Build, Operate and Transfer agreement after 2010, with the SLPA holding a mere 15 per cent stake in the venture.

Lawmaker Hakeem asserted that the situation here could be stabilized by Indian involvement in the expansion of the overall Colombo Port operations. The SJB constituent took up the position that the country was in such a desperate situation, the incumbent government couldn’t afford to antagonize India.

 

How Indian investments can stabilize Lanka

Hakeem took a very clear stand on ECT as well as overall foreign investment in the ports and shipping sectors. The former Ports Minister articulated that against the backdrop of foreign investment in SAGT, the first public private partnership container terminal in Sri Lanka and also CICT, there couldn’t be any issue with regard to the agreed Indian investment.

SAGT launched operations in 1999. According to the SAGT: “The Company is a Board of Investment flagship entity with approximately 60% of Sri Lankan shareholding, and is backed by John Keells Holdings, APM Terminals, SLPA and Peony investments (subsidiary of Evergreen Marine Corporation).”

State Minister Herath interrupted MP Hakeem to raise a question though the former ignored the SLPP politician.

Hakeem declared that under no circumstances he would say not to accept Indian investment though the final decision lies with the incumbent government. The former Shipping Minister made reference to current Ports and Shipping Minister Rohitha Abeygunawardena declaration that 49 per cent of the ECT ownership would be foreign and the remaining 51 owned by the government. SLPA holds just 15 per cent each of SAGT and CICT. The SAGT deal is for a 30-year period on BOT (Build Operate and Transfer basis) whereas the agreement on CICT covers 35 years.

Hakeem’s stand drew opposition from all other participants, including Chathura Alwis. However, Hakeem stood firm on his stand regardless of consequences. The SLMC leader asserted that Sri Lanka couldn’t turn a blind eye to the need to appease India. Declaring that Sri Lanka had appeased India before, Hakeem, turning towards Wasantha Samarasinghe emphasized the country should come to terms with the reality.

State Minister Chanaka asked Hakeem whether the previous yahapalana government entered into a MoC (Memorandum of Cooperation) with India in respect of the ECT. Hakeem however conveniently side-stepped the query, while JVPer Samarasinghe said that was finalized in May 2019.

After having been an active team player in the much muddied yahapalana rule, MP Hakeem however had the nerve to ridicule the incumbent government’s much touted ‘neutral’ foreign policy. “I haven’t the slightest idea what this government meant by neutral or balanced foreign policy. If we took a non-aligned stand, the public can clearly understand what the government intended. How one can balance the foreign policy,” MP Hakeem said.

 

Hakeem silent on inter-terminal transport crisis

Trade union leader Samarasinghe alleged that one-time Ports and Shipping Minister Hakeem conveniently failed to mention the crisis caused by what the JVPer called inter-terminal transport.

Samarasinghe alleged that the inter-terminal transport was in a mess. For want of sufficient space within the harbour area, vessels couldn’t be unloaded. Samarasinghe claimed that successive governments caused unprecedented deterioration due to giving the relevant contract to immensely politically influential people outside proper tender procedures.

MP Hakeem without hesitation acknowledged the crisis within the harbour, in addition to the simmering issue over the ECT.

State Minister Herath sought MP Hakeem’s opinion on the leasing of the Hambantota Port for a period of 99 years to CMPH in late July 2017. Having been a partner to that  pact, MP Hakeem naturally defended the agreement on Hambantota Port to the hilt. Hakeem had been a member of the Cabinet of the yahapalana government that finalized the controversial deal on the Hambantota Port. The then Ports and Shipping Minister Arjuna Ranatunga strongly opposed the deal. UNPer Ranatunga’s stance finally led to him being replaced by SLFPer Mahinda Samarasinghe. Ranatunga was replaced on May 22, 2017. The former national cricket Captain received the Petroleum Resources Development Ministry as a consolation prize.

Both the Minister and his brother, Dhammika objected to the deal whereas Vasudeva Nanayakkara on behalf of the Joint Opposition, moved the Supreme Court against the port transaction.

President Sirisena and Premier Wickremesinghe ensured the finalization of the controversial transaction following the delay caused by the opposition.

Panelist Samarasinghe asked Hakeem whether the yahapalana government used USD 1.2 bn received from CMPH to settle what we owed China. Warning Sri Lanka would run out of foreign reserves next year once debts were settled, MP Hakeem predicted an unprecedented financial crisis.

The SLMC leader asserted that except China all other countries were in deepening financial turmoil. The MP categorized Sri Lanka with Angola, Liberia and Lebanon. While acknowledging the economic deterioration started during the yahapalana administration, MP Hakeem faulted the incumbent government for not being able to tackle the situation.

Hakeem warned that unless the government and the Opposition worked together, the country would have to go down on its knees to international lenders as Sri Lanka had done before on many occasions. In spite of big boasts by some, those in power and others should be realistic and be aware of the challenges faced by the country. Hakeem predicted a massive tragedy. He expressed the view that against the backdrop of the incumbent government asking for foreign investments, it should be ready to consider investments in sectors preferred by those having the wherewithal. “We have to be realistic.”

Emphasizing the responsibility on the part of Sri Lanka to exploit the country’s strategic position in the East-West route on the Indian Ocean, the SLMC leader explained how the two strategic harbours in Colombo and Hambantota could be utilized.

Now that Sri Lanka had given controlling shares to one terminal at the Colombo harbour to China why not another to India, the SJB lawmaker asserted, demanding that Sri Lanka adopt a realistic approach as the country is desperately in need of foreign investment.

Subsequently, Hakeem suggested that the controlling shares of the ECT should be given to India, Japan though JVPer Samarasinghe insisted the SLPA could handle it. “With the installation of three gantry cranes, 400 m long ECT is in operation now. A further 800 m has to be built,” Samarasinghe said, asserting USD 400 mn investment was required. With the three cranes, ECT in op even now with the 440m already built, now had to build 800 m more, which required USD 400 mn.

Declaring the SAGT and CICT generated an annual income of USD 160 mn and 250 mn, respectively,

Samarasinghe asked why investors could not build a terminal in the remaining Western side. “It can be bigger than all existing facilities. Why do we have to give up lucrative ECT?”

Samarasinghe predicted in spite of claims that SLPA would receive 51 per cent and the investor 49 holding per cent, finally ECT, it too, was expected to be eventually shared in the proportion of 15 per cent to the SLPA and 85 per cent to the investor.

 

ECT aggravates Prez, PM dispute

The then President Maithripala Sirisena and Premier Ranil Wickremesinghe clashed over the ECT. The dispute caused rapid deterioration of yahapalana relationship in the run-up to the sacking of Wickremesinghe’s government on Oct 26, 2018. Wickremesinghe insisted on Indian investment whereas Sirisena rejected it. But, Wickremesinghe went ahead with the project regardless of the President’s intervention. Amidst deepening turmoil, Wickremesinghe brought in Japan into the picture.

On the instructions of Wickremesinghe, Sri Lanka, Japan and India signed a MoC on the ECT on May 28, 2019. According to an SLPA statement issued following the signing of the MoC, the GoSL through the SLPA retained 100% ownership of the ECT, while the Terminal Operatiing Company,  is jointly owned. Sri Lanka will hold a 51 per cent-stake in the project and the joint venture partners will retain 49%.

The ECT is positioned about 3 km away from the China-funded Colombo Port City on reclaimed land on Colombo’s sea front.

“Japan is likely to provide a 40-year soft loan with a 0.1 percent interest rate,” The Hindu quoted Sudarshana Gunawardana, Director of Development Communications at the Prime Minister’s office as having said. The SLPA then termed the “envisaged Japanese loan” as “one of the best loan terms Sri Lanka has obtained”.

What is not yet clear is whether the incumbent government intends to go ahead with the MoC finalized by Wickremesinghe or change it.

 

JVP, SJB on ECT deal

The JVP played a significant role in paving the way for the disastrous Maithripala Sirisena presidency. The likes of trade unionist Samarasinghe have conveniently forgotten how the JVP backed UNP’s presidential candidate Sirisena, the longstanding General Secretary of the SLFP. Having installed Sirisena, the UNP-led coalition comprising one-time LTTE mouthpiece Tamil National Alliance (TNA), the JVP, the SLMC pursued an agenda of its own. One shouldn’t be surprised by lawmaker Hakeem standing as a UNP breakaway faction the SJB still followed UNP strategies though Wickremesinghe obviously had no say in its affairs.

Chief Opposition Whip Lakshman Kiriella’s recent declaration that the government should take advantage of the constitution making process undertaken by the previous yahapalana government is a case in point.

Lawmakers Kirieilla and JVP leader Anura Kumara Dissanayake recently flayed the government over the decision to involve India’s biggest ports and logistic company Adani Group in the operation. Adani Ports and Special Economic Zone Limited seems to be confident of overcoming the obstacles. The project that had been delayed due to labour protests launched ahead of the last parliamentary polls in August drew stepped up condemnation of the SJB and the JVP.

It would be pertinent to ask whether the SJB and the JVP opposed only the involvement of Adani Group in the ECT development or disputed the MoC finalized in May 2019 in the run-up to Nov 2019 presidential polls by the previous regime, in which JVP and present day SJB members were partners?

SJB heavyweight Kiriella speculated whether the government intended to win over Indian Premier Narendra Modi by giving control of the ECT to billionaire Gautam Adani. Kiriella asserted that Sri Lanka couldn’t appease India by giving ECT to a close friend of Modi. Nothing can be further from the truth.

Obviously, the SJB hasn’t taken into consideration the roles played by India and Japan as well as Australia in the overall Indo-Pacific US strategy meant to counter the growing Chinese challenge. The US led coalition is still struggling to cope up with the vastly strengthened China relentlessly pursuing an anti- China policy.

 

A ‘Comprehensive Partnership’ with Japan

JVP leader Dissanayake is on record as having said that a director and a local shareholder of Shangri-La who had been involved with Viyathmaga, too, promoted the deal with Adani Group. The JVPer also alleged that the same person immensely benefited from recent government decisions to change import levies on sugar and coconut oil.

 

Outgoing US Secretary of State Mike Pompeo’s recent visit to New Delhi and Colombo highlighted their strategy. There is no doubt the Adani Group’s move on the ECT had been approved by the highest level of political leadership and the talk of Sri Lanka trying to appease India by involving Gautam Adani is nothing but bunkum.

The public should not forget the then Premier Wickremesinghe entered into a ‘Comprehensive Partnership’ with Japan in early Oct, 2015. In the following year on Oct 09, the training squadron of the Japanese Maritime Self Defence Force (JMSDF) was in Colombo to underscore the strengthening of the partnership. The writer had an opportunity to visit JS Kashima on the invitation of the Japanese Embassy in Colombo. Asked for a clarification as regards growing Japanese military role in Asia in support of the US as well as joint military cooperation among the US, Japan and India in response to the Chinese Challenge, Commanding Officer of the squadron Rear Admiral Hidetoshi Iwasaki explained the circumstances under which the Japanese forces could be deployed overseas along with the US.

Sri Lanka-Japan ‘Comprehensive Partnership’ should be examined taking into consideration three agreements sought by the US, the ACSA (Acquisition and Cross Servicing Agreement finalized in early August 2017), stalled MCC (Millennium Challenge Corporation) Compact and SOFA (Status of Forces) agreement. The recent US declaration that Sri Lanka wouldn’t be accommodated in the MCC Compact is unlikely to be the end of the US efforts to bring Sri Lanka under its control.

 As part of overall Western strategy, the US seeks a government receptive in Colombo. The US wants to deny China access to Sri Lanka. The US made an abortive bid to install the then General Sarath Fonseka as the President in January 2010. However, the US project succeeded at the January 2015 presidential election. The Sirisena-Wickremesinghe regime initially took a hardline stand on China. Some members of that administration responsible for Treasury bond scams in Feb 2015 and March 2016 alleged corruption couldn’t be tackled here unless Chinese investments were drastically pruned. Having accused China of promoting corruption here, the yahapalana administration ended up handing over the Hambantota Port on a 99-year lease to China.

In the run-up to the July 2017 Hambantota Port deal, former President Mahinda Rajapaksa accompanied by ex-External Affairs Minister and Chairman of the SLPP Prof. G.L. Peiris visited Beijing where the issue was discussed. During the weeklong visit in late 2016, they also visited Southern China. They urged the Chinese to stick to the original Hambantota development project to avert possible protests. They suggested it would be better to utilize 750 acres as originally planned. This suggestion was made against the backdrop of the then Development Strategies and International Trade Minister Malik Samarawickrema’s revelation that the Chinese wanted 15,000 acres of land in the Hambantota district for large scale development projects. In the second week of January 2017, Wickremesinghe launched the Hambantota project in spite of President Sirisrena’s objections. Wickremesinghe ignored Sirisena’s claim that the agreement hadn’t been finalized yet. Having launched the Hambantota project, Wickremesinghe declared that negotiations were underway with India and Japan for the development of the strategic Trincomalee Port.

With US-China hostility on the rise, Sri Lanka shouldn’t expect breathing space from either party. A much weaker economy as a result of the rampaging corona epidemic when compared with the time Gotabaya Rajapaksa won the presidency in Nov 2019, should prompt Sri Lanka to adopt an austerity drive.

 Let that begin at the Parliament, dubbed the most corrupt institution in the country by no less a person than one-time Justice Minister Dr. Wijeyadasa Rajapaksa, PC.

Formidable New Year Challenges

 SPECIAL REPORT : Part 348

December 23, 2020

President Gotabaya Rajapaksa gestures during a recent meeting at Rawanakanda, a village at Imbulpe, Balangoda. Senior Advisor to President Lalith Weeratunga looks on (Pic by Jeevan Chandimal/PMD)

By Shamindra Ferdinando

Last Monday’s briefing at the Presidential Secretariat (old parliament) on the status of the war-winning armed forces revealed the pathetic state of affairs during the yahapalana administration. President Gotabaya Rajapaksa chaired the Defence Ministry review which lasted several hours. After Defence Secretary Maj. Gen. Kamal Gunaratne addressed the gathering, respective service chiefs explained the crisis experienced by the armed forces during the 2015 to 2019 period.

Navy Chief VA Nishantha Ulugetenne and Airforce Chief AVM Sudarshana Pathirana explained how they were deprived of the required support to maintain available assets. There hadn’t been a similar meeting since the change of government in Nov 2019. The then government allowed the armed forces to deteriorate. The rapid deterioration had been all part of the yahapalana strategy meant to undermine the armed forces. Downsizing the Army had been one crucial aspect and certainly not the only issue at that time.

The evaluation revealed that since Gotabaya Rajapaksa’s departure from the Defence Ministry in January 2015 the new government held up even the basic projects. Having won the January 8, 2015 presidential election, Sirisena named one-time environment and renewable energy Secretary B.M.U.D. Basnayake as Secretary to the Ministry of Defence (11.01.2015 – 08.09.2015). Subsequently, Karunasena Hettiarachchi (09.09.2015 – 05.07.2015), Kapila Waidyaratne (06.07.2017 – 30.10.2018), Hemasiri Fernando (30.10.2018 – 25.04.2019) and Gen. Shantha Kottegoda (24.04.2019 – 19-11.2019) received appointment as the Secretary to the Ministry of Defence, amidst the massive turmoil caused by the Easter carnage.

If not for the Easter carnage, President Sirisena, now an SLPP lawmaker (Polonnaruwa district) wouldn’t have named a retired military officer as Secretary Defence. The yahapalana administration appointed a retired DIG as the Chief of National Intelligence (CNI) – a special post created by President Mahinda Rajapaksa, in late 2006, on the advice of the then Defence Secretary Gotabaya Rajapaksa, to oversee all intelligence services, including the SIS (State Intelligence Service).

The Rajapaksas created the post of CNI, by way of a cabinet paper, especially for Maj. Gen. Kapila Hendavitharana, in the wake of his retirement. Hendavitharana, who had been deeply involved in clandestine operations against terrorists, knew what was going on in the war zone, elimination of high profile LTTE targets, or overall attempts to intercept LTTE arms shipments on the high seas et al. Even after the successful conclusion of the war, in May 2009, the CNI continued to play a significant role in the previous Rajapaksa government’s security strategy.

 The Sirisena-Wickremesinghe duo weakened the security setup. Those who held high positions felt no great desire for sustaining higher level of security. One-time Defence Secretary, Austin Fernando, told the Presidential Commission of Inquiry (P CoI) probing the Easter Sunday carnage that security of a country did not depend on its Defence Secretary. There were various structures and it was a matter of collective action, Fernando, served as the Defence Secretary when Ranil Wickremesinghe managed a highly flawed ceasefire agreement arranged by the Norwegians said.

Fernando further said: “It is not mandatory for the Defence Secretary to have an intimate knowledge of the role played by the Ministry. If that is the case, a fisherman should be the Secretary to the Ministry of Fisheries, and the Secretary to the Ministry of Agriculture should be a farmer.”

The yahapalana leadership crippled the armed forces. The Geneva betrayal in early Oct 2015 stunned the victorious armed forces with some senior officers denied the opportunity to visit some countries. Denial of visas was part of international measures taken against Sri Lanka. That particular line of action culminated with the US imposing a travel ban in Feb 2020 on Army Chief Lt. Gen. Shavendra Silva.

Sri Lanka faces a daunting task in managing human rights issue in the New Year. With Geneva sessions scheduled for Feb-March next year, the government will have to work hard on a strategy to meet the threat. Successive governments obviously neglected Geneva for different reasons.

If yahapalanaya continued the national security would have suffered irreparable damage. The results would have been catastrophic and everlasting. In spite of severe economic difficulties caused by the rampaging corona pandemic, the government will have to sustain the armed forces in readiness to face any eventuality. The end of the war over a decade ago shouldn’t be a reason to weaken the armed forces or allow their capabilities to deteriorate.

 

A dubious ‘paniya’ to contain rampaging corona that made politicos laughing stocks

 The government’s primary concern should be tackling coronavirus, now threatening to overwhelm the national economy. Failure to bring the epidemic under control early this year can be quite disastrous as the economy is already in dire straits. Cabinet Minister Pavithra Wanniarachchi and State Minister Dr. Sudarshini Fernandopulle spearheaded government efforts to contain the epidemic whereas a easily gullible section of the government promoted an ayurveda ‘paniya’ or syrup, allegedly prepared by using some secret ingredients, in addition to nutmeg and bees honey, thereby prompting foolish Sri Lankans in their thousands to beat a path to its producer’s abode in search of the much touted miracle concoction, causing chaos in the area.

The government went to the extent of allowing the Kapurala-turned Ayurveda practitioner Dhammika Bandara to hand over bottles of ‘paniya’ to several lawmakers, including the Speaker Mahinda Yapa Abeywardena, in Parliament. Recent scenes at Hettimulla in Kegalle where people gathered outside the kapurala’s abode to collect a bottle of the ‘paniya’ being touted by him as a cure for the deadly coronavirus were hilarious, if not for the grand irony of desperate people seeking a miracle.

Wanniarachchi was among those politicians who merrily consumed spoonfuls of the dubious syrup. Many eyebrows were raised several weeks ago when she, accompanied by two ministers, Prasanna Ranatunga and Udaya Gammanpila, threw pots of water into the Kalu Ganga as an occult cure. Dhammika Bandara wasn’t the only Ayurveda practitioner to exploit gullible public.

 With the total number of corona positive cases fast approaching 38,000 and deaths nearly 180, the government will have to ensure propaganda or foolish efforts didn’t further deteriorate the situation. To Dr. Fernandopulle’s credit, she never hesitated to plainly explain the risks involved in such dubious projects.

 

Hijaz, Mahara riots; corona cremations

The government can expect stepped up international pressure, egged on by interested parties over its decision to cremate bodies of all corona victims. Already the UN intervened in a purely internal matter of Sri Lanka several weeks ago with its Resident Representative Hanaa Singer in a much publicised act drawing the attention of Prime Minister Mahinda Rajapaksa of the need to allow the Muslims to bury their dead. We wonder whether any UN official will dare try such a stunt with a country like India for example. With Muslim parliamentarians except Mohammed Muzammil of the National Freedom Front (NFF) taking a common stand on the issue at hand, the international community with its primary agenda to humiliate this country is likely to intensify pressure on Sri Lanka.

The International Criminal Court in The Hague recently ruled in a 180 page tome that British troops committed war crimes in Iraq. It determined that Iraqi detainees in the custody of British were tortured, killed and even raped by UK troops. But the icing on the cake is that ICC will not prosecute any of the culprits! So while the self-appointed international community and the entrenched UN establishment are ever ready to whip a country like Sri Lanka on even mere trumped up charges, they allow countries like the US, the UK, Australia or even their new darling India to break through that law net they have woven for their own advantage

The SJB and National Movement for Social Justice (NMSJ) led by former Speaker Karu Jayasuriya want Muslims allowed burying their victims of coronavirus.

The government can also expect some sections of the international community to take up the continuing detention of Attorney-at-Law Hijaz Hizbullah over his alleged involvement in the Easter Sunday attacks as well as the recent Mahara Prison riots that claimed the lives of 11 remand prisoners and caused injuries to over 100 others. Contrary to Prisons Minister Lohan Ratwatte’s claim, the post mortems revealed some indeed died as a result of gunshot injuries.

Sri Lanka Core Group raised Hizbullah’s detention last September. The issue is expected to be raised at the forthcoming Geneva sessions in Feb-March 2021 unless the government granted him bail before the Geneva session.

The controversy was caused several weeks ago when Riyaj Bathiudeen, brother of All Ceylon Makkal Congress (ACMC) leader Rishad Bathiudeen, arrested along with Hizbullah also in connection with the same case received bail under controversial circumstances. Media furore led to the Attorney General Dappula de Livera, PC, calling for internal investigation into the conduct of the CID officers, including DIG, CID and Director, CID as regards the release of Riyaj before the high profile vote on the 20th Amendment to the Constitution.

Unlike any previous AG, De Livera received unprecedented media coverage due to his style of doing things. Having captured media attention during the Presidential Commission of Inquiry (P CoI) that dealt with Treasury bond scams perpetrated in 2015 and 2016, De Livera succeeded AG Jayantha Jayasuriya about a week after the 2019 Easter attacks. Jayasuriya served as the AG from Feb 10, 2016 to April 29, 2019.

Now the AG’s Department is under the scrutiny of P CoI probing the Easter attacks with President’s Counsel de Livera’s stand on two law officers accused of negligence in respect of TID (Terrorist Investigation Department) probe on Zahran Hashim questioned by Shavendra Silva, PC, on behalf of Deputy Solicitor General Azard Navavi. The question is whether Zahran’s murderous project could have been thwarted if the AG’s Department acted swiftly on the TID file received in early June 2017. Instead, the department sat on it until the Zahran-led National Thowheed Jamaat (NTJ) carried out the suicide bombing campaign. AG’s Coordinating Officer State Counsel Nishara Jayaratne, who had been in the media limelight, has been hauled up before the P CoI over the matter with questions being raised as regards the AG’s opinion on police investigations. There had never been a case like this that really dealt with the AG’s department.

 

An extraordinary tiff

The political leadership should keep an eye on the situation involving the AG’s Department and the Police. In fact, newly appointed Public Security Minister retired Rear Admiral Sarath Weerasekera should be deeply concerned about the recent developments, particularly the AG’s high profile accusations in respect of IGP C.D. Wickremeratne’s culpability in respect of the Mahara Prison riots.

The relations between the AG’s Department and the police turned for the worse after the former intervened in an inquiry following accusations over the Police Narcotics Bureau (PNB) dealing in heroin. Retired Maj. Gen. Jagath Alwis, who, in his capacity as the Chief of National Intelligence (CNI) participated in a meeting chaired by De Livera, also attended by the then Acting IGP Wickremeratne at the AG’s office, where instructions were issued to expedite the investigations. Alwis recently received appointment as Secretary to the Ministry of Public Security.

The AG accused the IGP of turning a blind eye to specific instructions he issued in April 2020 to address congestion in prisons. The accusation was made in the presence of Justice Minister Sabry and CJ Jayasuriya at the recent event at Hulftsdorp. However, this accusation should be examined against the backdrop of President Gotabaya Rajapaksa having squarely faulted the Government Analyst, the Attorney General and the Police for congestion in prisons and therefore the Mahara riots.

The government’s efforts to improve law and order primarily depend on the AG and the police working together, closely. The recent meetings between Public Security Minister Weerasekera and Malcolm Cardinal Ranjith followed by the Minister and AG De Livera as regards the status of Easter Sunday investigation highlighted the absurdity of the situation. The AG’s Department and the police responsible for the successful conclusion of the Easter Sunday probe are under scrutiny for their own lapses. The issue at hand is whether Easter Sunday carnage could have been averted if the AG’s Department acted on Zahran’s file received in June 2017. And also even if the AG blundered, whether the NTJ plan could have been thwarted if Chief of State Intelligence Service Senior DIG Nilantha Jayawardena took meaningful measures after having received specific intelligence on April 4, 2019 regarding the impending NTJ attack.

 

Absence of political stability and unbridled corruption

The continuing absence of political stability is certainly a matter for serious concern. In spite of the passage of the 20th Amendment that was touted as the panacea for instability blamed on the 19th enacted in 2015, the situation is dicey. The ruling coalition effected some changes to the original 20th Amendment following protests by some members though the government retained provision to enable dual citizens to enter parliament. Now a fresh controversy has erupted in the wake of obvious disagreement among government partners, both in and outside parliament over the push for Provincial Council polls ahead of agreed formulation of a new Constitution.

A section of the government and those in the Pohottuwa Camp believe the PC polls should be conducted even under the old system without further delay whereas others want polls on hold until a new Constitution is in place. A nine-member expert committee headed by Romesh de Silva, PC tasked with formulating a new draft Constitution before Sinhala and Tamil New Year is worried about the government going ahead with PC polls. The committee is of the view early PC polls can be detrimental to its efforts. The government will have to decide soon on this matter without allowing further controversy.

 

Growing economic challenge and Parliament’s continuing failure

 Press statements issued by the Communication Department of Parliament pertaining to COPE (Committee on Public Enterprises) and COPA (Committee on Public Enterprises) during Nov-Dec 2020 budget debate revealed the sheer negligence on the part of the House to ensure financial transparency and stability. COPE and COPA inquiries revealed how cash strapped successive governments allowed unbridled waste, corruption and irregularities. Parliament, as an institution, should least now review its primary responsibilities pertaining to public finance and introduction of new laws. The failure on its part to act on forensic reports on Treasury bond scams and also to conduct much delayed debate on the P CoI report on the same received in January 2018.

With the economy in dire straits, Parliament now in the hands of the SLPP should accept responsibility for restoring financial integrity in the public sector as well as public-private ventures. It should be of pivotal importance against the backdrop of growing international pressure on the country and the country experiencing a sharp drop in revenue by way of garment exports, tourism and foreign remittance.

The looming Geneva threat

SPECIAL REPORT : Part 347

 

December 16, 2020

Successive governments owed explanations why a confidential UN report that dealt with the Vanni offensive had never been used in the defence of our armed forces. Although, the UN has publicly acknowledged the existence of the report, it is not yet in public domain. The UN acknowledged the report dealt with the situation in the Vanni during August, 2008, to May 13, 2009. The report placed
the number of persons killed, and wounded, during this period at 7,721 and 18,479 respectively. There cannot be a better detailed account than the UN report as it was based on information provided by NGOs, ICRC, as well as numerous other sources trapped in the war zone.

By Shamindra Ferdinando

Having announced Sri Lanka’s decision to quit the Geneva process, Foreign Minister Dinesh Gunawardena early this year assured the high-level segment of the 43rd UNHRC session in Geneva of the country’s intention to adopt ‘home-grown solutions to contemporary challenges.’

This pledge was given on Feb 26, 2020, a couple of months after the 2019 presidential election. Reiterating Sri Lanka’s commitment to what he called sustainable ‘peace and reconciliation’ through an inclusive domestically designed and executed reconciliation and accountability process. Sri Lanka’s response includes a Commission of Inquiry headed by a justice of the Supreme Court.

Mahajana Eksath Peramuna (MEP) leader Gunawardena declared “since 2009, not a bullet has been fired in the name of separatism in Sri Lanka.” The Sri Lankan military brought the war to an end on the morning of May 19, 2009 on the banks of the Nanthikadal lagoon.

MEP is a constituent of the powerful coalition led by Sri Lanka Podujana Peramuna (SLPP) that won a near 2/3 majority in parliament despite the numerous Western backed forces ranged against them, including a well-funded local civil society lobby ever ready to do their bidding. Minister Gunawardena alleged at the 43rd session that the co-sponsorship of Geneva resolution 30/1 (Oct, 2015), 34/1 (March, 2017) and 40/1 had violated Sri Lanka’s Constitution.

The next Geneva session is scheduled for Feb-March 2021. Sri Lanka will have to explain the progress made in respect of the reconciliation and accountability process, since Sri Lanka quit the Geneva process.

Those who had moved Geneva in consultation with the top UNP leadership are of the view Sri Lanka hadn’t done anything since March 2020 to meet assurance given in Geneva.

A top Western envoy, during a recent conversation with the writer questioned the Sri Lankan government’s failure to keep its promise. Sri Lanka owed an explanation as regards its conduct since its much touted pull-out from the Geneva process, the envoy emphasized. The diplomat shared concerns of those who had backed the Geneva process while making reference to two additional issues, namely the arrest of attorney-at-law Hejaaz Hizbullah in connection with 2019 Easter Sunday attacks and the controversial government decision to cremate all corona victims in spite of strong opposition from the Muslim community.

But we would like to humbly ask these Western powers, who are literally trying to play god with us, where are the credible investigations into nearly 1000 killings each year in US of mostly unarmed blacks and minority group members. Two years back London Guardian had a series of articles into such brazen killings, but even after that exposure the holy American ‘independent’ media hardly ever touched the issue, till they all suddenly woke up to Black Lives Matter cry after a few killings this year, obviously with Trump as their ultimate target. Everyone except those who refuses to see knows in all those incidents hardly led to any convictions of the perpetrators because of the rigged system of justice with often judges, jurors and executioners (cops) all have the common objective of terrorising the blacks into submission to white men.

We will not go into UNHRC‘s need to call for credible investigations into most obvious horrible crimes recorded by Wikileaks or the present persecution of those messengers of truth like Julian Assange, Edward Snowden, Chelsea Manning etc. etc. or how the canard of Weapons of Mass Destruction that launched a needless invasion of Iraq continues to bring death and misery to millions to this day. Do we need to mention what happened in Libya, Syria etc., etc.? UN you are a disgrace.

 

Core Group and Lord Naseby agree on Hizbullah

Interestingly, Lord Naseby who had strongly defended the war winning Sri Lankan armed forces at the expense of the overall Western strategy, too, has agreed with the Sri Lanka Core Group position on lawyer Hizbullah.

The following is the full text of the statement made by the UK’s International Ambassador for Human Rights, Rita French on behalf of Canada, Germany, North Macedonia, Montenegro and the UK: “We note the High Commissioner’s concerns on Sri Lanka in her update.

The Core Group pays tribute to the people of Sri Lanka and to all those involved in delivering safe and peaceful Parliamentary elections, despite the challenges of Covid-19.

Next March, the Council will consider an important report by the High Commissioner, on human rights, reconciliation and accountability in Sri Lanka. Specifically, it will consider the steps taken to implement resolution 30/1, through which, in 2015, the Council created a consensual framework to help Sri Lanka heal the wounds of its past and to address unresolved serious violations and abuses documented by the High Commissioner. This framework was renewed twice by this Council by consensus and with the explicit support of Sri Lanka.

The Government of Sri Lanka has been clear to this Council that it no longer supports resolution 30/1. The Core Group, once again, reiterates its profound disappointment at this development.

The Sri Lankan Government has also stated its continuing commitment to fostering reconciliation, justice and peaceful coexistence among Sri Lanka’s diverse communities. It has suggested that a new domestic process will take this agenda forward. While we appreciate this continued commitment, previous such processes have, regrettably, proved insufficient to tackle impunity and deliver real reconciliation. This Council will want to pay particular attention to how the new approach will differ from these previous attempts and put the victims of conflict at its heart. The future of the Independent Commissions including the Office for Missing Persons and Office for Reparations will be particularly important.

In the meantime we continue to hear concerns about an increasingly difficult operating environment for civil society and human rights groups in Sri Lanka. Instances of intimidation, harassment and surveillance continue, including threats to families of disappeared persons. Individuals are detained indefinitely without appearance before court, such as lawyer Hejaaz Hizbullah.

Sri Lanka’s dynamic and diverse civil society lies at the heart of its vibrant democracy. The Core Group expresses its strong solidarity with Sri Lanka’s civil society, and human rights defenders, and calls on the government to take all steps necessary to allow them to operate freely.”

The statement issued in Sept. 2020 reiterated the importance of Oct 2015 Resolution 30/1, through which Geneva created an agenda to deal with Sri Lanka. In terms of the Geneva agenda, the previous yahapalana administration made a costly bid to replace Sri Lanka’s Constitution though the operation couldn’t be brought to a successful conclusion. Those who now represented the SLPP in parliament today participated in that disruptive process. The man who spearheaded that process-UNP leader Ranil Wickremesinghe is no longer in parliament. The UNP that co-sponsored the Geneva Resolution has been reduced to just one National List MP in parliament. In the previous parliament the UNP had 106 members. The handling or mishandling of the post-war reconciliation process (read Geneva deal), too, contributed, in a big way, to the UNP’s deterioration.

Sri Lanka cannot be unaware in spite of its withdrawal from the Geneva process, the country is still very much part of the Geneva agenda. The Core Group has reminded Sri Lanka that the UNHRC would consider the UN human rights chief’s report pertaining to reconciliation and accountability in Sri Lanka, particularly the steps taken to implement resolution 30/1.

Now let me get back to Lord Naseby’s stand on Hizbullah revealed in a recent letter he wrote to Lord (Tariq) Ahmad of Wimbledon, Minister of State for South Asia and the Commonwealth. In the Nov 30, 2020 dated letter that had comprehensively dealt with the UK’s indefensible stand on post-war Sri Lanka, Lord Naseby stated the following: “The only substantial point in the Report that warrants real attention is the holding in custody of the Muslim Lawyer without being charged. I have raised this issue at the highest level in Sri Lanka pointing out it is unacceptable. I am told that evidence is being collected in relation to a possible association with the Easter Sunday bombing atrocity. I have made it clear he should either be charged or released.”

Lord Naseby took up the Hizbullah case, in his response to Lord Ahmad’s ministerial statement on Nov 20, 2020 in respect of what the UK called Human Rights Priority Countries for the period Jan -June 2020. Lord Naseby alleged that the policy statement “is dreadful, as it is riddled with factual inaccuracies and a total failure to reflect in any way the efforts of Sri Lanka to achieve reconciliation following the end of the terrorist conflict in May 2009. In fact the question arises as to why Sri Lanka is in the list of our human rights priority countries when there are countries with abysmal human rights records.”

 

Baffling continuous failure

Sri Lanka has a couple of weeks to finalize its forthcoming presentation in Geneva. With the debate on the 2021 budget over, the Foreign Ministry can undertake the project. However, the fact remains, the Joint Opposition (JO), predecessor to the SLPP, in spite of much rhetoric hadn’t worked on a strategy to reverse the Geneva trap. In an interview with the writer in Colombo in Sept 2019, Lord Naseby expressed serious disappointment over Sri Lanka’s failure to use his Oct 2017 disclosure in the House of Lords to effectively challenge the Geneva Resolution. Lord Naseby acknowledged he was quite surprised by Sri Lanka’s reaction as his revelation based on once classified wartime British diplomatic cables from Colombo disputed Geneva allegations directed at the war winning government.

Over three years after the House of Lords disclosure, British diplomatic cables remained unutilized. The incumbent government certainly owed the public an explanation why an opportunity to counter the Geneva project was never exploited. Sri Lanka for some strange reason never bothered at least to make a reference in Geneva to origins of terrorism in the country. In a way, Sri Lanka has facilitated the Geneva agenda by conveniently refraining from challenging the basis for the 2015 resolution based on STILL unsubstantiated allegations.

The primary allegation in PoE (Panel of Experts) report (March 2011) on Sri Lanka alleged at least 40,000 civilians perished on the Vanni east front. In terms of the UN dictates, the accusations made against Sri Lanka cannot be verified till 2031 due to a strange confidentially clause. Where in the world do you get a system of justice where one is precluded from facing one’s accusers for 30 years, let alone challenge their specific allegations? Meanwhile, Sri Lanka is regularly bashed by interested parties on the basis of unverified accusations. Wouldn’t it have been better if Sri Lanka made reference to this confidentiality clause that effectively prevented examination of allegations? Perhaps, Sri Lanka will take it up at least now, nearly a decade after the PoE report and five years after the country ended up in the Geneva agenda.

Having faulted the Sri Lanka Army, on three major counts, the PoE (Panel of Experts) accused Sri Lanka of massacring at least 40,000 civilians. Let me reproduce the paragraph, bearing no 137, verbatim: “In the limited surveys that have been carried out in the aftermath of the conflict, the percentage of people reporting dead relatives is high. A number of credible sources have estimated that there could have been as many as 40,000 civilian deaths. Two years after the end of the war, there is no reliable figure for civilian deaths, but multiple sources of information indicate that a range of up to 40,000 civilian deaths cannot be ruled out at this stage. Only a proper investigation can lead to the identification of all of the victims and to the formulation of an accurate figure for the total number of civilian deaths.”

The writer raised the issue with Farhan Aziz Haq, Deputy Spokesperson for UNSG António Guterres. Haq told the writer that the Geneva-based UNHRC could revisit resolution 30/1 titled ‘Promoting reconciliation, accountability and human rights in Sri Lanka’

Haq said that decisions regarding actions taken by the UNHRC were solely in the hands of the members of the Human Rights Council. The spokesperson added that it would be up to the member states of the Human Rights Council to decide whether to revisit Sri Lanka’s case. The UNHRC comprises 47 countries, divided into five zones.

The UN spokesperson said so when the writer asked him whether the UN could revisit Geneva Resolution in the wake of Lord Naseby’s revelation that the Vanni death toll was at most 7,000 to 8,000, and not 40,000 as cavalierly claimed by the PoE, in March 2011, and that Sri Lanka never targeted civilians purposely.

“Decisions about the actions taken by the Human Rights Council are solely in the hands of the members of the Human Rights Council. It would be up to the member states of the Human Rights Council to decide whether to revisit this case”, Haq said.

Sri Lanka accountability issue comes up in Geneva again while genocide accusations are repeated in the current parliament. In spite of the parliamentary group of one-time LTTE mouthpiece, the Tamil National Alliance (TNA) being reduced to ten members, newcomer C.W. Wigneswaran and Gajendrakumar Ponnambalam are on the offensive. The Sri Lankan military is under heavy fire in parliament whereas the government expressed concerns over the growing LTTE propaganda, particularly in Canada and the UK.

Especially, the recent developments in the UK proved the British have no option, but to tolerate Tamil Diaspora strategy due to relationship between political parties therein and the influence of voters of Sri Lankan origin.

 

Political interests supersede other concerns and obligations.

The previous Sirisena-Wickremesinghe government fully cooperated with Western powers as the Geneva Resolution was part of a high profile Western strategy meant to achieve several objectives, including introduction of a new Constitution to promote a federal agenda. The project was also aimed at obstructing growing China-Sri Lanka relations. The Geneva agenda should be properly countered. Sri Lanka cannot thwart the Geneva project by quitting the process. Instead, the government should seek re-examination of the original but STILL unverified allegations.

 

A web of lies

The Island learns that the Foreign Ministry is in the process of examining Geneva matter ahead of the next session. The following are the issues that needed attention: (1) Dismissal of war crimes accusations by war time US Defence Attache Lt. Col. Lawrence Smith in Colombo. The then US official did so in at the May-June 2011 first post-war defence seminar in Colombo, two months after the release of PoE report. The State Department disputed the official’s right to represent the US at the forum though it refrained from challenging the statement. (2) Examine the US statement along with Lord Naseby’s Oct 2017 disclosure based on the then British Defence advisor Lt. Colonel Anthony Gash’s cables to London during the war. Sri Lanka never did so. (3) Wikileaks revelations that dealt with the Sri Lanka war. A high profile Norwegian study on its role in the Sri Lanka conflict examined some cables. However, the Norwegian process never strengthened Sri Lanka’s defence. Instead Norway it merely sought to disown its culpability in the events leading to the annihilation of the LTTE. One of the most important Wikileaks revelations disputed Sri Lanka deliberately targeting civilians. The cable proved that our ground forces took heavy losses by taking the civilian factor into consideration. (4) Wide discrepancies in loss of civilian lives claimed by UN and various other interested parties. The UN estimated the figure at 40,000 (March 2011) whereas Amnesty International (Sept 2011) placed the number at 10,000 and a member of UK parliament (Sept 2011) estimated the death toll at 100,000. (5) Disgraceful attempt made by Geneva to exploit so called Mannar mass graves during yahapalana administration. The Foreign Ministry remained silent on Mannar graves while Western diplomats played politics only to be proved utterly wrong. Acting at the interest of those hell-bent on blaming Sri Lanka, Geneva faulted Sri Lanka before the conclusion of the investigation.

The then Northern Province Governor Wigneswaran rejected scientific findings of Beta Analytic Institute of Florida, USA, in respect of samples of skeletal remains sent from the Mannar mass grave site. Human Rights Commissioner Michelle Bachelet went to the extent of commenting on Mannar mass grave in her report that dealt with the period from Oct 2015 to January 2019.  We come to wonder whether she was actually a victim of Gen. Pinochet or a mere manufactured victim.

Had the US lab issued a report to suit their strategy, would they have accepted fresh tests in case the government of Sri Lanka requested? The following is relevant section bearing No 23 from Bachelet’s report: “On May 29, 2018, human skeletal remains were discovered at a construction site in Mannar (Northern Province), Excavations conducted in support of the Office on Missing Persons, revealed a mass grave from which more than 300 skeletons were discovered. It was the second mass grave found in Mannar following the discovery of a site in 2014. Given that other mass graves might be expected to be found in the future, systematic access to grave sites by the Office as an observer is crucial for it to fully discharge its mandate, particularly with regard to the investigation and identification of remains, it is imperative that the proposed reforms on the law relating to inquests, and relevant protocols to operationalize the law be adopted. The capacity of the forensic sector must also be strengthened, including in areas of forensic anthropology, forensic archaeology and genetics, and its coordination with the Office of Missing Persons must be ensured.” (6) Wigneswaran, in his capacity as the then Northern Province Chief Minister in August 2016 accused the Army of killing over 100 LTTE cadres held in rehabilitation facilities. Wigneswaran claimed the detainees had been given poisonous injections resulting in deaths of 104 persons. The unprecedented accusation made by the retired Supreme Court judge had been timed to attract international attention. Wignewaran is on record as having said a US medical team visiting Jaffna at that time would examine the former rehabilitated LTTE cadres, who he alleged had fallen sick because they were injected with poisonous substances at government detention or rehabilitation centres.

Sri Lanka paid a very heavy price for its pathetic failure to counter a web of lies fashioned by interested parties, both local and foreign and well-funded by the West to coerce the country to adopt a new Constitution. The previous government played a key part of this strategy. Their strategy remained simple. A new Constitution meant to do away with Sri Lanka’s unitary status to address STILL unsubstantiated war crimes allegations. The previous government reached agreement with Geneva regarding a new Constitution as part of the overall deal that could have been executed successfully if not for the UNP causing a massive crisis by way of Feb 27, 2015 Treasury bond scam at the onset of the yahapalana administration.