Colombo (LNW): The Sri Lankan Ministry of Labor and Foreign Employment has affirmed that their programme, designed to motivate expatriate Sri Lankans to send remittances via banks in exchange for licenses to import electric vehicles, has been fully transparent.
Official figures from the Ministry show a significant 75 per cent increase in foreign remittances, amounting to US $4.3 billion in the first nine months of the year, compared to last year.
Responding to an investigation by Sri Lanka customs into electric vehicles imported under this scheme, the Ministry noted that 318 licenses have been granted for vehicle imports through legal remittance channels, resulting in US $38 million in revenue for vehicle imports.
All vehicles brought into the country under this programme are subject to regular customs duties and taxes, which contribute to the nation’s revenue.
The initiative is in line with encouraging legal remittance channels.
The Ministry expressed concern over the Parliament’s involvement in vehicle import business matters and criticised the misuse of its committees for these purposes.
The Ministry has voiced its support for a comprehensive inquiry into the matter and stresses the importance of prioritising the nation’s economic interests over narrow political objectives.
Furthermore, the Finance Ministry disclosed that seven recently imported vehicles have been detained by customs due to potential misuse of the foreign workers’ permit scheme.
This could result in a revenue loss of Rs 35 billion. The probe is exploring allegations of undervaluing vehicles, tax evasion, vehicle ownership transfers, and the legitimacy of the remittances used for vehicle imports.
Colombo (LNW): The Sri Lankan Navy reported the detention of four individuals and the confiscation of two dinghies during a special operation in Sand Dunes 3, Talaimannar on 21st October 2023, suspecting their involvement in human trafficking.
Naval teams from SLNS Thammanna and SLNS Gajaba, while conducting an operation in the North Central Naval Command region, intercepted the dinghies due to suspicious activities.
The four individuals on board, ranging from 28 to 45 years old and hailing from Pesalai, Mannar, were taken into custody as they lacked proper licenses and were suspected of facilitating illegal immigration from another country to Sri Lanka.
The detained individuals and seized dinghies have since been handed over to the Talaimannar Police and Mannar Fisheries Inspector for further legal proceedings.
23 October 2023, Colombo, Sri Lanka: The National Law Week, an important annual event organized by the Bar Association of Sri Lanka (BASL), was held from 25 September to 1 October 2023. Starting with provincial programmes at selected Bars around the country, the ceremonial session took place on 28 September at the Courts Complex in Hulftsdorp, Colombo, with the esteemed presence of high-level attendees including His Lordship the Chief Justice Jayantha Jayasuriya PC; Hon. Dr Wijeyadasa Rajapakse, Minister of Justice; Hon. The Attorney General Mr Sanjay Rajaratnam PC, Ms Azusa Kubota, Resident Representative, UNDP in Sri Lanka; The President of the BASL Mr Kaushalya Nawaratne; Chairman of the Legal Aid Commission Mr Rohan Sahabandu PC; and Chairman of the Law Week Committee Mr U.R. de Silva PC.
The National Law Week, organised by BASL, is of high significance in the legal calendar of Sri Lanka. It is a week-long programme that aims to promote awareness about the legal profession, educate the public about their legal rights and responsibilities, and foster a better understanding of the law in society. This year, the National Law Week partnered with the Support to Justice Sector Project (JURE), funded by the European Union in Sri Lanka, jointly implemented by UNDP and UNICEF Sri Lanka, and facilitated by the Ministry of Justice.
Speaking on the importance of the event, the Chairman of the Law Week Committee Mr U.R. de Silva of BASL noted, “The National Law Week serves as a platform to promote legal literacy, create awareness about legal issues, and strengthen the legal profession in the country. It plays a vital role in enhancing legal education, fostering public trust in the judiciary, and ensuring access to justice for all”.
Noting the support of the EU-funded initiative, Head of Cooperation at the EU Delegation to Sri Lanka Dr Johann Hesse commented, “An efficient and inclusive justice sector is critical for social cohesion. The European Union is funding the JURE project and works with UNDP and UNICEF to promote home-grown reforms and institutions to improve access to justice for all and bring the sector closer to the people”.
The provincial programmes included the Bars of Batticaloa, Galle, Jaffna, Kandy, Kurunegala, Matara, Ratnapura and Vavuniya as well as several others, and culminated in the official ceremonial session leading to interactive activities held in Colombo. The array of activities included public lectures, seminars, workshops, and panel discussions on different legal topics. Additionally, school children had debating competitions in the regions and were also invited to visit the courts and witness selected court processes. Renowned legal professionals, academics, and experts in various fields of law were invited to share their knowledge and insights with the participants, bringing public institutions and the public closer.
During the National Law Week, free legal aid clinics were conducted, benefiting those who may not have access to legal services due to financial constraints. Access to justice is a fundamental human right and a cornerstone of a just society. This initiative, therefore, aims at improving access to legal services, particularly for underserved and marginalized communities.
Notably, making this experience accessible to school children, interested participants were given the opportunity to experience mock trials and special knowledge-sharing sessions catered for children, an important step to realizing every child’s right to justice.
Commenting on the role of the Support to Justice Sector Project (JURE), Ms Azusa Kubota, Resident Representative, UNDP in Sri Lanka noted, “Promoting access to justice for all is a defining pillar in our work, in particular working with women, children, the poor and persons in vulnerable situations. The lineup of activities of the National Law Week is catalytic, needed, and innovative as they bring the justice system closer to the people who need it most. I would like to sincerely commend the openness of the Bar and members for the initiative as it is very much in alignment with the UN’s vision on people-centred justice.”
Demonstrations of how the day-to-day court processes are conducted so the public can see and learn through experiencing it are vital to bridge the knowledge gap between the justice system and the public’s understanding of its operations.
A booklet was also published in local languages, by the Bar Association of Sri Lanka, to help enhance knowledge of the general public on key laws in the country.
The National Law Week saw the participation of well over 3,500 people over the course of the 7 days it was operational throughout Sri Lanka. The activities and programmes contribute to enriching the legal legacy that is not restricted to the hearings in a court complex but brings the justice system closer to the people who need it most.
Former Foreign Minister Professor G L Peiris says President Ranil Wickremesinghe’s decision to disregard the Constitutional Council’s rejection of a 3rd extension to IGP C.D. Wickremaratne, challenges the very purpose of maintaining such a body: points out the President may resort to similar action re. the appointments of the Chief Justice, Attorney General & Judges of the Supreme Court as well.
Chairman of Oversight Committee on National Security Retired Rear Admiral Sarath Weerasekera says flaws in the Govt’s defence strategy contributed to the crisis that forced President Gotabaya Rajapaksa out of office on 13 July’22: calls for an inquiry into the incidents at Rambukkana on 19 April’22, where the Govt took punitive action against the Police for opening fire at a mob that tried to set 2 fuel bowsers ablaze on a railway track: says that Govt reaction may have had a detrimental impact on law enforcement officers & military.
Power & Energy Minister Kanchana Wijesekara says a mechanism will be formulated to revise the electricity tariffs once in 3 months instead of every 6 months: also says proposals for restructuring the CEB will be presented to the Cabinet next week.
The LKR continues its steady depreciation against the USD: buying rate of USD falls to Rs.320.32, and selling rate to Rs.331.00: selling rate on October 12 was Rs.328.82.
Dept of Census & Statistics says the overall rate of inflation, as per the National Consumer Price Index has fallen to 0.8% in September’23 from 2.1% in August’23: also says Food-inflation increased to -5.2% in September’23 from -5.4% in August’23, while Non-food inflation dipped to 5.9% in September’23 from 9.0% in August’23.
President Ranil Wickremasinghe reshuffles Cabinet: appoints Mahinda Amaraweera as Minister of Agriculture & Plantation Industries, Keheliya Rambukwella as Minister of Environment, and Dr. Ramesh Pathirana as Minister of Health in addition to his portfolio as Minister of Industries: also appoints Ranjith Siyambalapitiya as Non-Cabinet Minister of Plantation Enterprises in addition to his post as State Minister of Finance.
Opposition Leader Sajith Premadasa says the sudden Cabinet reshuffle by the President was a mockery: points out that by appointing Keheliya Rambukwella, who was deemed unsuitable for the Health portfolio as the Environment Minister, Sri Lanka is not being made a “smart nation”, but a dishonest one.
SLPP General Secretary Sagara Kariyawasam says President Ranil Wickremesinghe has taken the wrong decision in regard to the removal of Keheliya Rambukwella from the post of Minister of Health.
Agriculture Minister Mahinda Amaraweera distributes air rifles at subsidised rates to prevent crop damage caused by wild animals such as toque monkeys, peacocks & giant squirrels: asks farmers not to use the air rifles to kill animals, but only to drive them away: also asks the farmers not to use the air rifles to injure people under any circumstances.
Former British MP and Member of the European Parliament and now SL Presidential Envoy Niranjan Deva Aditya (Nirj Deva) says he is telling his British political colleagues that Sri Lanka needs investments, not lectures: also says SL must be positioned as a “primary friend” of Britain in the Indian Ocean: asserts that SL’s position in the Indian Ocean is advantageous due to its ports, undersea cables, seabed size, and its status as a hub between Africa and China.
Colombo (LNW): A young man lodged a complaint with the Sri Lanka Human Rights Commission on Oct 23, alleging he was violently assaulted and faced death threats from officers of the Kesbewa Police Station.
On the 17th, several police officers apprehended him without cause, took him to a remote location, bound his hands, and physically assaulted him, the victim claimed.
Furthermore, he alleged that his wife was held at the police station until morning and was subjected to disgraceful verbal abuse.
An inquiry led by a Superintendent of Police is underway regarding the incident, Police said.
AHRC: IMF in its recent report issued in September titled Sri Lanka; Technical Assistance Report-Governance Diagnostic Assessment, has directed its attention to the problems relating to the independence in conduct of prosecutions into crimes in Sri Lanka. It points to the absence of independent prosecutor in Sri Lanka and also notes that this given rise to real or perceived impression about the weaknesses of the existing system.
Asian Human Rights Commission has for many years pointed out that one of the major reasons for thebreakdown of the Rule of Law in Sri Lanka is the functioning of the prosecutors role within the framework of the Attorney Generals department, which even the IMF report points out has come under very serious criticism from many sources over a considerable period of time. The dual function of the Attorney General as the advisor to the government in legal matters and the task of prosecuting crime in a manner required by the law has come to a visible conflict.
Asian Human Rights Commission also pointed out that a prevailing unprecedented economic crisis is not merely a crisis created through purely economic factors but due to failures of the system of governance in the country. One of the major weaknesses of the system of governance is the inability to prosecute crimes effectively, impartially and with due credibility.
Therefore Asian Human Rights Commission highly recommends that IMF observations contain in this report regarding this issue should be carefully studied and urgently implemented. Creating of an independent prosecutor’s office separate from the Attorney Generals department should become a major political demand in the country if Sri Lanka is to find its way out of this economic crisis.
A popular poem exhibited in some banners even in front of the Colombo public library in the nineteen eighties had already raised this issue poignantly. The translation of this verse is as follows;
Oh, Attorney General, oh, Attorney General
Criminals are raping girls
Committing murder and suppressing justice
Why do we need a Lord of the law
When the country has no law?
Click here to read the IMF report. The relevant potion relating to issue of prosecution is at the page 129 of the report.
We are also reproducing an article relating to the difficulties involved in prosecuting crimes in Sri Lanka.
The Inability to Prosecute
By Basil Fernando
The central question that has been discussed over several decades now and which, particularly since the 2019 Easter Sunday massacre, has become perhaps the most central question regarding the nature of the Sri Lankan State is the issue of it’s will and the capacity to prosecute crimes.
The unwillingness to prosecute
The issue about the unwillingness to prosecute is now taken for granted. It is known to everyone that there are literally thousands of crimes, most of which are extremely serious crimes, regarding which the State has clearly shown that it has no will to prosecute. The case of the Easter Sunday crimes highlights the issue. However, it is not the only issue that reminds of a State that very openly and blatantly refuses to prosecute large numbers of extremely grave crimes
Why does the State refuse to investigate serious crimes? The reasons for such a failure may be of two kinds. The first of these two categories comes from the top and the other from the bottom. Those that come from the top generally arise from political grounds. Prosecuting crimes may have a very disturbing effect to a political system where the abuse of power may have become very much a part of the political culture. In fact, the working of the political and administrative system may depend on the room that is available for those at the top to commit acts which are in fact crimes. Such a system will not be able to function if these crimes are to be prosecuted. A further reason is that if such crimes are to be prosecuted, overwhelming numbers of persons holding high posts may be threatened with the possibility of going to jail. Hence, people need to be protected from being held responsible for the crimes that they have committed. What is more, if such prosecution is to take place, political alliances that keep a Government afloat may collapse.
The second category that objects to prosecutions may arise from the bottom. That is from those who carried out illegal orders and committed acts which count. The whole institutional culture may have undergone a transformation for the worse and lost the resistance against following illegal orders or commands. If crimes committed by them are to be prosecuted, the who’s who of the institution may face a profound challenge.
The incapacity to prosecute
Much more worrying than the unwillingness to prosecute, is the question as to whether the Sri Lankan State has the capacity to prosecute. This is much more important than the very important first issue, which is about the will to prosecute. Whether the State has the capacity to prosecute has received very little attention and one may even say, no attention at all. While there are many who for many years have seriously worked towards demanding prosecutions into serious crimes, whether those crimes are directly affecting them, or whether their interest on these prosecutions is of a general nature, if there is no real capacity to prosecute, those demands will never be realised.
Criticising the absence of will to prosecute may be an opportune political move. It is quite a legitimate political demand to prosecute crimes and particularly those crimes which have had an enormous impact on the “mind and the soul” of the society as a whole.
However, the issue is not merely one of legitimacy but whether the goal itself is realisable. If it is not realisable within a given context, then, that issue also must receive central attention if the ultimate demand for prosecuting is to succeed at all.
How then is one to assess whether in real life today, the Sri Lankan State has the capacity to prosecute all serious crimes? What criteria are to be used in the assessment of the prevailing situation, to come to an understanding about the possibility of prosecuting these crimes in terms of the “capacity of the State”? However, we suggest the following criteria to be applied in time to assess this problem.
First of all, one needs to assess whether the Sri Lankan State, as it exists today, accepts the obligation to prosecute all crimes.
The next issue will depend on the answers to the first issue, because if the State, as it is in the present structural form, does not absent the obligation to prosecute all crimes, then, it will follow that such a State will not create the necessary structural framework which is essential to the very serious task of prosecuting crimes. If the State does not accept the obligation of prosecuting crimes, then, it cannot be accepted that the State will provide the necessary political and social backing for the institutions which are dealing with the prosecution of crimes to function as they should. A prosecution is like every other task of the State. It requires State institutions. State institutions mean the laws which grant the mandate and lay down all the basic rules that anyone working under those institutions are bound by in dealing with the task of prosecuting crimes. It further requires that human and material resources should be provided to those institutions to carry out those obligations which are imposed on them by the law, and which they are bound to omit. It is not possible to obey in carrying out these obligations unless there are officers who have all the capacities to carry out these obligations and who are not constrained by any higher orders or authorities which could prevent them from carrying out their legitimate duties. This means the required levels of education, training, and the required levels of morality and integrity needed in carrying out these obligations. Added to all these in particular in modern times is the technological requirements that are necessary for the efficient functioning of such institutions and for the officers who work for such Institutions. Making necessary judgements involving professional work require the ways of gathering data and the assessment of the data, which are all functions in modern times, which are highly sophisticated and require the necessary equipment and the know-how to deal with these matters.
Prosecuting basically can be divided into two functions. One is the investigative function and the other is the function of the direct prosecuting work. The investigative function requires the permissive legality which allows independent investigative functions, which belong to a highly specialised category of work, about which there is enormous knowledge in the world today. Investigating is such a highly skilled task and of course, it has the same needs of human and material needs as mentioned above. However, all that becomes possible only when there is a permissiveness which recognises this as a fundamental function of the State about which no exceptions can be allowed.
Investigations among other things also require the maintenance of legally required secrecy so that the matters investigated could be pursued to the very end without being interfered by those who may be adversely affected by such investigations. In other words, criminals who may be subjected to investigations should not be allowed in anyway to be in a position to interfere with these investigations and to act in any manner, disruptive or destroying or disturbing the process of such investigations. Therefore, the investigators should not be subjected to any other control than those required by their own professional conduct. The diverging of the secrets should be a “criminal offence”. On the other hand, every attempt to interfere, to disturb such secrecy and prevent the investigations leading to just and fair conclusions, also belong to the same category of criminal activities.
The maintenance of evidence, that is the protection of evidence, and the protection of witnesses is a further function if the prosecuting is to happen in the manner required as a part of a serious function of a State.
Colombo (LNW): President Ranil Wickramasinghe in his capacity as the Finance Minister is set to table the 2024 Budget to Parliament on November 13, 2023.
Post-presentation, a debate on the budget’s second reading will commence on 14th November, running for seven consecutive days until 21st November.
This debate will culminate in a vote at 5:30 pm on the 21st.
The third reading, or the committee stage debate, is slated to start on 23rd November and will stretch until 13th December, with a final vote on the budget scheduled for 5:30 pm on the 13th.
The Chief Government Whip’s Office has communicated to all government MPs the necessity of their presence during these debates and urged them to prioritise these sessions over other commitments.
Colombo (LNW): The U.S. Treasury sees signs of potential improvement in sovereign debt restructuring, with countries like Zambia, Ghana, and Sri Lanka making progress in the past year, Reuters reported.
Treasury Assistant Secretary Brent Neiman expressed hope for Ghana’s external restructuring agreement in the upcoming weeks but emphasised the need for swifter actions.
Neiman, speaking at the Johns Hopkins School for Advanced International Studies, noted the global attention to debt issues and mentioned the Global Sovereign Debt Roundtable’s efforts in achieving common terms for debt.
Discussions have also touched on state-contingent debt instruments, which could be pivotal when creditors have disagreements on a borrower’s prospects.
Neiman highlighted the significance of restructuring domestic debt but warned against a stringent approach that might hinder the process.
“We clearly haven’t gone far enough or fast enough and much more work remains,” Neiman said.
“The critical test of any progress will be whether it is sustained when, as seems likely, more countries come forward requesting debt treatments,” he went on, pointing out that nonetheless, he is hopeful that their recent efforts are yielding some movement toward an improved international debt architecture that can help low- and middle-income countries when they need it.
Colombo (LNW): The Sri Lankan Cabinet has greenlit a pilot project allowing visa-free entry for tourists from seven nations, including India, China, and Russia, until 31 March 2024, said Tourism Minister Harin Fernando.
This visa exemption applies to travellers from India, China, Russia, Malaysia, Japan, Indonesia, and Thailand, effective immediately, the Minister wrote on his X.
“Cabinet approved visa free to India , China , Russia , Malaysia , Japan , Indonesia and Thailand as a pilot project till 31 March with immediate effect,” Fernando wrote.
Cabinet approved visa free to India , China , Russia , Malaysia , Japan , Indonesia and Thailand as a pilot project till 31 March with immediate effect. #visitsrilanka#srilankayoucomebackformore
Colombo (LNW): Showers or thundershowers will occur at several places in most provinces of the island after 01.00 p.m., and fairly heavy showers about 75mm are likely at some places in Central, Sabaragamuwa and Uva provinces, the Department of Meteorology said in its daily weather forecast today (24).
Showers may occur in Western, Southern and Eastern provinces during the morning too, the statement continued.
Misty conditions can be expected at some places in Central, Sabaragamuwa and Uva provinces during the morning.
The general public is kindly requested to take adequate precautions to minimise damages caused by temporary localised strong winds and lightning during thundershowers.
Marine Weather:
Sea Areas:
Showers or thundershowers will occur at several places in the sea areas off the coast extending from Puttalam to Pottuvil via Colombo, Galle and Hambantota.
Winds will be south-westerly or variable in direction and wind speed will be 20-30 kmph.
The sea areas around the island will be slight.
Temporarily strong gusty winds and very rough seas can be expected during thundershowers.
