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.
19 October 2023: The violence and harm to civilians in Gaza and Israel are unprecedented, horrific and gruesome. We condemn all killings of civilians and targeting them to violence by parties to the current conflict.
The current round of hostilities began with Hamas attacking Israel and its people. We condemn Hamas for taking civilians hostages. In the same vein, we also condemn Israel’s indiscriminate bombing of Gaza; the prohibition of food, water, medicine and electricity into Gaza; and the military lockdown of the West Bank.
How can Israel settle this issue by imposing collective punishment on an entire population? Israel and its backers should focus on addressing the root causes of this conflict, rather than using food, water, medicine and electricity as weapons of war, which is legally and morally abhorrent.
The latest incidents of this tragedy are the bombing of the Al-Ahli hospital and the Americans vetoing a Brazilian Security Council call for a ‘humanitarian pause’ in the war. As usual, Israel is deflecting blame with the full backing of western leaders and media. Biden, Sunak and Albanese back Israel to the hilt, saying Israel is ‘not responsible’ for the hospital bombing.
We need to understand this escalation and the ensuing tragedy in the context of 55 years of Israeli military occupation of Palestinian land and the 75 years of dispossession and oppression of the Palestinian people. In 1947 the United Nations adopted Resolution 181 that divided Great Britain’s former Palestinian mandate into Jewish and Arab states at the end of the British mandate. The mass expulsion of Palestinian Arabs from their land during Israel’s creation is known as the ‘Catastrophe’ or the ‘Nakba’ in Arabic.
Palestinian civilians were massacred leading to a mass Palestinian exodus. More than 400 Palestinian cities, towns and villages were razed to the ground. Buildings, including homes, shops and religious sites were demolished to prevent Palestinian owners from coming back. As a result, 78 percent of the Palestinian land was turned into Israel. Most Palestinians were expelled, ethnically cleansed, forcing them to become refugees in neighbouring countries.
Palestinians were replaced by Jews from around the world with Israel offering instant citizenship. In 1967 Israel expanded its occupation by annexing East Jerusalem, the West Bank and Gaza. Since 2015, the UN General Assembly has adopted 140 resolutions critical of Israel regarding the treatment of Palestinians, among others.
A recent UN resolution was about Israel’s “prolonged occupation, settlement and annexation of Palestinian territory.” However, those resolutions are never enforced and cannot be enforced. Benjamin Netanyahu openly said Israel does not care about those resolutions. Israeli lobbies control the politics and media of many western countries including those of America and the UK.
How can the international community remain silent while the Israeli regime maims and kills so many? Instead of freedom, Palestinians receive bullets, tanks, missiles using Apache helicopters and F-16 bombers. All state actors have a far wider responsibility for upholding human rights. Israeli negotiations are made in bad faith and always end up expanding the occupation further, controlling borders, airspace and even the seas. Palestinian lands are increasingly occupied by establishing more settlements and numerous military checkpoints.
Prior to Hamas’ atrocities against Israeli civilians, Netanyahu’s right-wing regime stoked further tensions. The regime placed Palestinian towns under siege, confiscated their lands, destroyed their olive groves, demolished their homes while expanding Jewish settlements. It is heartbreaking to witness the loss of innocent lives and the destruction of homes and livelihoods.
There are many Australians who talk about Indigenous dispossession, and quite rightly so. But how can they use a different tongue and a voice about Palestinian dispossession? Isn’t it hypocrisy at its highest level?We need to understand that the ongoing conflict is because of a process of continuous and expanding Israeli occupation of Palestinian land under apartheid conditions.
Can anyone be surprised that Palestinians are frustrated, angry, desperate, and feeling hopeless? Their children are traumatised with lasting effects that could lead to the emergence of a new generation of militants.
The destruction of Israeli lives needs to be deplored. In a similar vein, or even in a graver sense, we need to deplore the historical and ongoing destruction of Palestinian lives, homes, lands and their livelihoods for the last 76 years by the regimes in the US, UK, France and Australia and their likes morally, materially and militarily aiding, abetting and backing the Israeli apartheid regime. This shows moral bankruptcy.
All Palestinians should be allowed to settle on their original land. Under the Israeli regime, some of the current partners want the West Bank also annexed without granting equal rights for the Palestinians. Some of them vehemently oppose coordinating with or strengthening the Palestinian Authority.
Time and time again, it has been proven that there is no military solution to this conflict, and there cannot be. Palestinian society has been shattered at every level. Many of those who became refugees, including their descendants, are still waiting in camps waiting to return home back to what is now called Israel and the occupied Palestinian territories.
Peace and coexistence can only come with an end to occupation, the granting of equal rights for all to live in dignity as human beings. Otherwise, these cycles of violence will continue.
Our task will be to encourage and press all parties to the conflict to find a solution through negotiations. This will enable them to live peacefully as responsible neighbours.
We call for an immediate ceasefire and the release of all hostages held!
The siege of Gaza needs to end. Live and let the Palestinians also live their lives peacefully.
Yours sincerely
Signed
Dr Lionel Bopage
President
Australian Advocacy for Good Governance in Sri Lanka (AAGGSL)
Colombo (LNW): The Sri Lankan Embassy in Saudi Arabia has requested an inquiry into the suspicious death of a Sri Lankan woman named Sandamali, who reportedly died on July 18 2023.
Spokesperson for the Sri Lanka Bureau of Foreign Employment (SLBFE) Gamini Senarath Yapa highlighted that the embassy was only informed of her passing on October 15, a concerning delay of nearly 87 days.
Given the circumstances, the Sri Lankan Embassy has specifically sought clarification from the Saudi Foreign Ministry and has urged a thorough investigation into the reasons behind the reporting delay.
Colombo (LNW): President Ranil Wickramasinghe this (23) morning conducted a cabinet reshuffle at the President’s Office.
Mahinda Amaraweera took on the role of Minister of Agriculture and Plantation Industries, while Keheliya Rambukwella became the Minister of Environment.
Dr. Ramesh Pathirana was appointed Minister of Health and Industries, and Ranjith Siyambalapitiya, in addition to his existing role as Minister of State for Finance, was named the Non-Cabinet Minister of State Plantation Enterprise Reform.
