SPECIAL REPORT : Part 365
By Shamindra Ferdinando
SLPP National List lawmaker Gevindu Cumaratunga, on Sunday (25) raised three issues in respect of the controversial Bill, titled ‘Colombo Port City Economic Commission’, that had been challenged in the Supreme Court.
Addressing the media at the Sri Sambuddhajayanthi Mandiraya, lawmaker Cumaratunga expressed concerns over (I) the composition of the proposed Economic Commission (EC) with the focus on the President being the sole authority in deciding its members, (ii) authority over the newly reclaimed land, adjacent to the Galle Face Green, and finally (iii) automatic approval granted to those making applications for projects through the EC.
Cumaratunga called the briefing in the wake of Friday’s (23) conclusion of hearing of petitions filed by those opposed to the project on the basis the Bill, as whole, is inconsistent with many provisions of the Constitution. There were also several intervenient petitions defending the Bill. These petitions were heard before a five-judge-bench comprising Chief Justice Jayantha Jayasuriya, PC, Justice Buwaneka Aluwihare, Justice Priyantha Jayawardena, Justice Murdhu Fernando, and Justice Janak de Silva.
Cumaratunga, in addition to being an SLPP lawmaker, also expressed views on the Bill in his capacity as the Chairman of the nationalist civil society pressure group Yuthukama. Yuthukama is represented in the current Parliament by two lawmakers – Cumaratunga and Anupa Pium Pasqual who entered Parliament from the Kalutara district.
At the commencement of the briefing, the MP appealed to the media to ensure priority to the Port City issue though they could raise any other matter pertaining to simmering controversy over the Easter Sunday carnage, the Covid-19 rampage, and the developments since the Presidential Political Victimisation Commission handed over its report to President Gotabaya Rajapaksa on Dec 8, 2020.
Having compared the proposed Bill, with two concept papers submitted during the previous UNP-led administration, and the current, on Sept 09, 2019 and June 16, 2020, respectively, lawmaker Cumaratunga questioned the failure on the part of those who prepared the Bill, at issue, to take into consideration the salient points therein.
The arch nationalist emphasized the responsibility on the part of the SLPP government to take remedial measures on its own, in respect of the Bill, regardless of the position taken by the Supreme Court. With the country crossroads, in the wake of implementation of the mega project, the government couldn’t, under any circumstances, shirk its responsibility to introduce the required changes, he argued.
The Supreme Court is scheduled to convey its ruling to President Gotabaya Rajapaksa and Speaker Mahinda Yapa Abeywardena.
Out of the 145-member SLPP parliamentary group, lawmaker Cumaratunga is the second to express concerns over the Bill. Having fired a broadside at the Bill, Colombo District SLPP lawmaker Dr. Wijeyadasa Rajapakse, PC, represented Ven. Muruththettuwe Ananda Nayaka Thera, Chief Incumbent of the Sri Abhayarama Purana Viharaya and President of the Public Service United Nurses’ Union, Sri Abhayarama, Narahenpita, and Nagashenage Dasun Yasas Sri Nagashena, of 90/12, Gramasanwardana Road, Polwatta, Pannipitiya.
Former President of the Bar Association of Sri Lanka, Dr. Rajapakse’s written submissions in respect of the case filed against the Secretary General of Parliament, Dhammika Disanayake, and Attorney General Dappula de Livera, PC, depicted a far more serious picture than lawmaker Cumaratunga’s criticism.
Having found fault with the incumbent administration for placing the responsibility of naming the EC on the President, MP Cumaratunga stressed that the appointing process should be subjected to parliamentary supervision. The lawmaker pointed out the concept papers presented by the previous government and the present, under the leadership of Prime Minister Mahinda Rajapaksa, underscored the need for the EC to consist of Sri Lankans. Referring to the concept paper presented on June 16, 2020, Cumaratunga said that it proposed the appointment of 10 members, including the Chairman of the EC. The Yuthukama Chief asserted that the issue at hand could be resolved by ensuring the majority of appointments to the EC, depending on the number, be placed under parliamentary supervision whereas the President/the minister in charge of the Port City, too, could make appointments. However, all should be Sri Lankans whereas required foreign experts could be hired for suitable positions, including that of the Director General.
MP Cumaratunga questioned the rationale in giving the sole authority, as regards appointments, to the President, or the minister in charge, in case the government brought the Port City under a particular Ministry.
Cumaratunga pointed out that the Office of the President shouldn’t be the sole decision-making authority, as elections were held every five years. Referring to statements as regards the Greater Colombo Economic Commission (GCEC) law, introduced by late President J.R. Jayewardene, in 1978, lawmaker Cumaratunga said that over the years there were many amendments to the Constitution. The government member expressed the view that the Bill, at issue, couldn’t be discussed taking into consideration JRJ’s law. The Constitution, the lawmaker emphasized, had undergone far reaching changes with the enactment of the 17th (Oct. 2, 2001) 18th (Sept. 10, 2010) 19th (April 28, 2015) and 20th Amendments (Oct 22, 2020) Amendments. Therefore, the incumbent government couldn’t go back on those Amendments, the MP said, pointing out that the two concept papers submitted in terms of the 19th and 20th Amendments envisaged the EC being subjected to the supervision of the Constitutional Council and the Parliamentary Council, respectively.
The 20th Amendment did away with the 10-member CC thereby passing the responsibility to the five-member Parliamentary Council. MP Cumaratunga explained that in terms of those concept papers mentioned, the officials who should be appointed to the EC. They included Governor, Central Bank, Secretary to the Treasury et al.
Parliament shirks its responsibilities
Before discussing concerns in respect of the Bill, at issue, raised by nearly 20 petitioners, including lawmaker Rajapakse, it would be pertinent to take up the failure on the part of those responsible to ensure financial stability. The country is experiencing severe difficulties for want of financial discipline, at every level, with the Parliament yet to take tangible remedial measures. The revelations made by House parliamentary watchdog committees, the Committee on Public Enterprises (COPE) and the Committee on Public Accounts (COPA), as well as the Public Finance Committee (PFC), since the last general election, painted a bleak picture. The situation is so bad, a guarantee that the EC would comprise only Sri Lankan nationals holding responsible positions does not promise a clean administration. It would be pertinent to mention that Sri Lankans, being at the helm of the EC wouldn’t necessarily guarantee safety, security, political stability and uppermost the country’s interest without oversight.
JVP leader Anura Kumara Dissanayake’s hard hitting speech in Parliament, last Friday (23), painted a grim picture of the national economy. The JVPer didn’t mince his words when he named those allegedly responsible for massive waste, corruption and irregularities during successive governments.
Dissanayake pointed out how wrongdoers continued to enjoy political power, regardless of their public exposure. Lawmaker Dissanayake’s fiery speech highlighted Sri Lanka’s overall failure to tackle corruption, now, possibly, even threatening the very survival of the country. The JVP leader cited the Treasury bond scams, perpetrated in Feb 2015 and March 2016, as well as the massive sugar tax scam executed by the present lot. Reference was also made to the payment of a staggering USD 6.5 mn in 2014 to US national Imaad Shah Zuberi, 50, of Indian and Pakistani origins, to lobby the US Government to save Sri Lanka from human rights scrutiny by Washington. The then Rajapaksa government wired a total of USD 6.5 mn to a venture capitalist and political fundraiser who was sentenced recently to 12 years in a federal prison in the US on charges of embezzlement.
Dissanayake pointed out how wrongdoers continued to enjoy political power, regardless of their public exposure. Lawmaker Dissanayake’s fiery speech highlighted Sri Lanka’s overall failure to tackle corruption, now, possibly, even threatening the very survival of the country. The JVP leader cited the Treasury bond scams, perpetrated in Feb 2015 and March 2016, as well as the massive sugar tax scam executed by the present lot. Reference was also made to the payment of a staggering USD 6.5 mn in 2014 to US national Imaad Shah Zuberi, 50, of Indian and Pakistani origins, to lobby the US Government to save Sri Lanka from human rights scrutiny by Washington. The then Rajapaksa government wired a total of USD 6.5 mn to a venture capitalist and political fundraiser who was sentenced recently to 12 years in a federal prison in the US on charges of embezzlement.According to the US Department of Justice, Sri Lanka hired Zuberi of Arcadia, California, in 2014, to improve the country’s image in the United States, in the wake of investigations undertaken by the Geneva-based United Nations Human Rights Council. Of course, in this instance the then government would have turned to a questionable lobbyist out of sheer desperation, like a drowning man clutching at a straw, as the powerful West piqued by the ignominious defeat of the LTTE at the hands of our security forces, which they had always claimed were incapable of defeating it, was and still is out to punish us for defying their mantra.
Zuberi had promised to make substantial expenditures on lobbying efforts, legal expenses, and media buys, which prompted Sri Lanka to agree to pay Zuberi a total of USD 8.5 million over the course of six months, in 2014. But actual payments amounted to USD 6.5 mn.
Examination of recent statements, issued by the Communication Department of the Parliament, pertaining to proceedings at the COPE, COPA and PFC, chaired by Prof. Charitha Ratwatte, Prof. Tissa Vitharana and Anura Priyadarshana Yapa, respectively, revealed the absence of proper scrutiny at any level in all sectors. Let me briefly discuss the shocking disclosure of the happenings at the Football Federation of Sri Lanka at the recently concluded COPE proceedings. The watchdog committee questioned a range of irregularities during the tenure of Attorney-at-Law Manilal Fernando as its President. And, finally, he was forced to quit because of those controversial dealings. The COPE queried how a sum of Euro 40,400 (approximately Rs 6 mn) received from the Italian Football Players’ Association to construct a football ground in his home town, Kalutara, ended up in Fernando’s private account. Prof. Herath’s committee also questioned the misappropriation of a sum of USD 60,000 (nearly Rs 6 million) provided by the Asian Football Federation to conduct competitions, a sum of Rs.10 mn given by a private company to construct 20 houses for tsunami victims and a sum of USD 200,000 donated by the Asian Football Federation.
It also transpired, during the COPE proceedings, that the current President of the Federation, Anura de Silva, has submitted an affidavit to the court claiming that financial irregularities hadn’t taken place in spite of the Financial Crimes Investigation Division (FCID) moving the courts. The committee pointed out the seriousness in submitting such an affidavit.
In addition, it is reported that Anura de Silva now wants to quit from the post of President of the Sri Lanka Football Federation to make way for Manilal’s son to climb to that post!
Prof. Herath directed both Manilal Fernando and Anura de Silva to appear before COPE on May 06. COPE also dealt with controversial circumstances under which elections to the Football Federation of Sri Lanka was conducted with the Chairman of the Elections Committee as well as two other members given Rs 750,000 and Rs 600,000 each, respectively. The crisis at the Football Federation of Sri Lanka should be examined against the backdrop of the disgraceful conduct of the Sri Lanka Cricket (SLC) administrations.
Over the past couple of decades, under the watch of successive governments, the financial discipline has deteriorated to such an extent that the national economy is in deepening turmoil. Therefore, the Port City undertaking is a vast challenge that requires the highest consideration and, under any circumstances, the public shouldn’t be duped by the promise that Sri Lankan nationals, holding responsible positions at the helm of the EC, would ensure the best interests of the country.
Wijeyadasa isolated
Contrary to lawmaker Wijeyadasa Rajapakse’s high profile stand as regards the Port City project, the SLPP constituents endorsed it. The National Freedom Front (NFF) parliamentary group threw its weight behind the Port City project. Pivithuru Hela Urumaya (PHU), too, defended the project while those appointed on the SLPP National List, except Yuthukama leader Cumaratunga, refrained from causing any friction. However, Wijeyadasa Rajapakse, who had represented both the SLFP and the UNP cabinets since his entry into parliamentary politics, pursued his agenda.
Let me verbatim the section headlined ‘Threat to the National Security’ in Dr. Rajapakse’s written submissions to the SC: “The zone has been exempted from the Customs Ordinance. The Customs is debarred from exercising its powers within the Zone and the people in the Zone. There may be importation of prohibited substances, such as drugs, weapons, etc. The South jetty of the Colombo Port is situated, adjoining the said Zone, and it is controlled by the company belonging to the Chinese government.
As the proposed Commission is formed, in the event of any violation or disregard of International Charters and Treaties including, UN Charter, UN Charter for Human Rights, International Covenant on Civil and Political Rights, War Crimes, Crimes against Humanity within the said zone, the Sri Lankan State is responsible, not the purported commission.
There is a turmoil situation prevailing in the region, as well as in the World, due to the power struggle between China on one side and India, the USA, Europe, Japan on the other side. This kind of unprecedented facilitation to China would undoubtedly expose the whole country and the whole nation to danger. When presenting Bills of this nature, it is necessary to take geo-political factors into consideration.
In the course of argument, it was submitted that the government of Sri Lanka could not be able either to resist and control the import of any prohibited substance, including weapons of mass destruction, such as nuclear, atomic, multi-barrel, etc., as the operation of the Customs Ordinance is excluded. On 21st April, a ship loaded with Uranium, meant to be used for nuclear, which belongs to China, docked at the Hambantota Port by misleading the Authorities. The Government was able to direct it to leave the Port because that power of the government was preserved in the Agreement. But the present Bill does not contain any such safeguard.
One must not forget that the Colombo South Jetty is adjoining the zone. Therefore, it cannot be ruled out that the Chinese government will not resort to such devastation, compelling the other super powers to destroy the economy of the country and to expose national security to danger.
The total consideration of the Bill, as a whole is inconsistent to the rudimental principles of our Constitution and it shall be ruled out ab initio.”
Former Ports and Shipping Minister Arjuna Ranatunga, in a recent interview with the writer over the phone, pointed out how Sri Lanka lost the strategic Hambantota port, to China, in 2017, and was now about to suffer a similar fate as regards the Port City project. Ranatunga recalled how the Sirisena-Wickremesinghe administration went ahead with the Hambantota project in spite of him giving up the Ports and Shipping portfolio. The country would one day pay a very heavy price for irresponsible actions of politicians and officials, the outspoken defeated UNP candidate, at the 2020 August general election, told the writer.
