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Astrologer Indika Thotawaththa Arrested

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Sri Lankan astrologer Indika Thotawaththa has been apprehended by the Police Computer Crimes Division on allegations of making defamatory statements that are detrimental to religious co-existence. The arrest was carried out on October 6th.

Thotawaththa is accused of posting defamatory remarks concerning a specific religion on social media platforms. He is scheduled to appear before the Maligakanda Magistrate’s Court today to face charges related to these allegations.

Sri Lanka Original Narrative Summary: 07/10

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  1. Parliamentary proceedings suspended for 10 minutes due to MPs’ protests that the Finance Ministry is delaying to respond to a question asked by SLPP MP Gevindu Kumaratunga as to the rate of the interest paid by the Monetary Board on the EPF Members’ balances and the CBSL Provident Fund Members’ balances for the year 2022: previously, MP Kumaratunga had stated that the CBSL Provident Fund had paid a staggering 29% while the EPF paid only 9%.
  2. SLPP MP Chandima Weerakkody raises a Privilege issue in Parliament that he had been threatened by the Defence Secretary and Army Commander on 5th October inside the Parliamentary premises after he raised matters about the abuse of vehicles by high ranking Army officers: also says the Defence Secretary had responded affirmatively when asked whether he was threatening the MP.
  3. A massive tree falls on a Deniyaya-bound bus at Duplication Road, Kollupitiya, killing 5 persons
  4. Supreme Court determines that the decision taken by the Sri Lanka Muslim Congress to remove Minister Naseer Ahamed from the SLMC, is valid.
  5. Police arrest Astrologer Indika Thotawaththa for making defamatory remarks on a particular religion: Maligakanda Magistrate remands Thotawatta until October 20.
  6. Disaster Management Centre issues Landslide Warning Level 3-Evacuation (Red) for the following areas: Elpitiya & Nagoda in the Galle District, Ingiriya, Walallawita & Mathugama in the Kalutara District, Pitabeddara in the Matara District, and Kuruwita in the Ratnapura District.
  7. Colombo Stock Market plunges 3% in the week, amidst lacklustre investor interest fuelled by concerns over the macro situation: ASPI loses 348 points (-3.07%): market turnover drops and averages a dismal Rs.740mn per day, from Rs.962mn, the previous week.
  8. Cumulative trade deficit for the first 8 months of 2023 upto August’23 narrows to USD 2,964 mn from USD 3,889 mn in 2022, mainly due to a large decline in imports.
  9. Prasad Samarawickrema, the Project Director of “Digiecon-23” says SL’s Information and Communication Technology sector is facing a dearth of skilled workforce with most having already left the country: also says the ICT workforce should be at least 175,000 this year and 300,000 by 2025, but only 75,000 are available at the moment.
  10. Sri Lanka Cricket Team’s Head Coach Chris Silverwood says SL will be without Maheesh Theekshana for the World Cup opener against South Africa, as he has not yet fully recovered from the hamstring tear he suffered in the Asia Cup.

Supreme Court Allows TISL to Intervene in X-Press Pearl Case

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Earlier this year, Transparency International Sri Lanka (TISL) filed an intervention petition in the Supreme Court, seeking permission to intervene in Case No. SC/FR 168/2021, which was filed by the Centre for Environmental Justice seeking fair compensation for the victims of the XPress Pearl disaster. The Attorney General strongly objected to the intervention.

Today (6th October) the Supreme Court delivered its order, allowing TISL’s application for intervention, considering the totality of the circumstances of the case, and the submissions made.

Senior Counsel Mr. Senany Dayaratne appeared for TISL, with Attorneys-at-Law Ms. Lasanthika Hettiarachchi, Ms. Sankhitha Gunaratne, Ms. Nishadi Wickramasinghe and Mr. Thiru Amirthalingam, instructed by Attorney-at-Law Thushari Jayawardena.

ASG Mr. Nerin Pulle, PC, with DSG Ms. Nayomi Kahawita appeared for the Attorney General.

Several key points have been raised in the intervention petition:

– The grave allegations of interference and extraneous pressure surrounding the claim for compensation arising from the X-Press Pearl disaster.

-The statement by the Justice Minister in Parliament on April 25, 2023, that one Chamara Gunasekara alias Manjusiri Nissanka had received a payment of USD 250 million into a private bank account in connection with the X-Press Pearl disaster.

-The media statements of Chinthaka Waragoda, who reportedly invented a machine to remove debris which washed ashore after the shipwreck, alleging that he was offered payment to discontinue the use of his machine, to avoid exposing the full extent of the damage caused by the disaster

– Questions surrounding the quantum of compensation due to Sri Lanka for the damages caused by MV X-Press Pearl.

Major Flood Warning Issued for Nilwala River Valley

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A Major Flood Warning has been issued for the low-lying areas of the Nilwala River valley, encompassing Matara, Malimbada, Kamburupitiya, Tiihagoda, Athuraliya, and Akurassa Divisional Secretariats. The situation poses a significant threat to these regions.

Residents in the affected areas and drivers traveling through these regions are urgently advised to exercise extreme caution and take necessary precautions to protect lives and property. A RED flood warning is in effect for Nilwala Ganga and remains valid for the next 24 hours. Stay updated on official alerts and follow safety guidelines to ensure the safety and well-being of all residents and travelers in the area.

SL Envoy Sumith Dassanayake holds Official Meetings in Chile

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Ambassador of Sri Lanka to Brazil Sumith Dassanayake who is concurrently accredited to the Republic of Chile, undertook an official visit to Chile from 26 to 28 September 2023.

During the visit, Ambassador Dassanayake held bilateral meetings with the senior officials of the Ministry of Foreign Affairs of Chile including the Divisional Heads of Asia-Pacific, United Nations and Human Rights, the Chief of Protocol, International Economic Relations and ProChile.

During his meeting with the Chief of Protocol Marcos Aguayo, the ambassador presented the open copies of his credentials.

The discussions with the senior officials of the Ministry of Foreign Affairs of Chile centered on political, economic and multilateral relations between the two countries. Ambassador Dassanayake briefed the Chilean officials on socio-economic and political developments in Sri Lanka and the government’s commitment towards restructuring its economy.

During his meeting with the Head of the United Nations and Human Rights Catalina Fernandez, the Ambassador briefed on the measures undertaken by the Sri Lankan government to address issues pertaining to human rights and the reconciliation process. As Chile is a member of the United Nations Human Rights Council, Ambassador requested Chile’s support and the cooperation at the Human Rights Council.

At the meeting with the Head of Asia Pacific Patricio Powell the ambassador proposed to conclude an agreement on political and economic relations between the two countries, to which the Chilean side responded positively.

During his meetings with the Head of the ProChile Patricio Parraguez and with the Head of International Economic Relations of the Ministry of Foreign Affairs of Chile Sebastian Gomez, both parties discussed on further promoting trade and economic relations between the two countries and also agreed to seek the possibility of entering into a Memorandum of Understanding (MoU) on establishment of a Joint Commission on Trade and Economic Affairs between the two countries, at the earliest, to address issues faced by importers and exporters of Sri Lanka and Chile.

The ambassador elaborated on the investment opportunities available for the Chilean investors in Sri Lanka in the Colombo Port City as well as at Hambantota Port which would provide Chilean investors easy access to Far East Asia, Middle East and Africa. Since there is a high demand for ITC professionals and services in Chile, the ambassador also explored the possibility of securing opportunities for Sri Lankans in the ITC sector in Chile.

Honorary Consul for Sri Lanka in Chile Sebastian Vicuna and First Secretary (Commercial) of the Embassy of Sri Lanka in Brazil Chathurika Perera were associated with the meetings.

Showers to occur in many areas today(07)

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Showers or thundershowers will occur at times in Western, Sabaragamuwa, Southern and North-western provinces and in Kandy and Nuwara-Eliya districts. 

Fairly heavy showers above 75mm can be expected at some places in Western, Sabaragamuwa and Southern provinces.

Showers or thundershowers will occur at several places in Eastern and Uva provinces and in Polonnaruwa, Matale and Mullaitivu districts during the evening or night.

General public is kindly requested to take adequate precautions to minimize damages caused by temporary localized strong winds and lightning during thundershowers. 

RSF urges for release of journalist Pham Doan Trang on the third anniversary of her arrest

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Detained for three years, prominent Vietnamese journalist and writer Pham Doan Trang is currently serving a nine-year prison sentence on trumped-up charges of “anti-state propaganda”. Reporters Without Borders (RSF) urges the Vietnamese regime to release. 

Exactly three years ago, on 6 October 2020, the prominent Vietnamese journalist and writer Pham Doan Trang, was arrested at her home in Ho Chi Minh City, South Vietnam. After being held incommunicado for more than a year, Pham, 45, was sentenced to nine years in prison in December 2021 for anti-state propaganda”.

“Journalist Pham Doan Trang, who courageously risked her life to provide information to the public, deserves to be celebrated as a hero instead of being persecuted by the Vietnamese regime. We call upon the international community to step up pressure on the regime to obtain her release alongside all other journalists and press freedom defenders detained in Vietnam.”

Cédric Alviani
RSF Asia-Pacific Bureau Director

One month before arrest, Pham, founder of the online magazines Luat Khoa and The Vietnamese and 2019 RSF Press Freedom Prize laureate, published an investigative book based on a massacre in a village on the outskirts of Hanoi.

“Doan Trang’s place is in the newsroom, in university lecture halls, in guitar musical shows, not prison. And not in the kind of prison that doesn’t give her the medical attention she desperately needs. The only way to correct this injustice is to release her and respect her rights as a citizen and a human being. The Vietnamese government always claims to be treating citizens with dignity, it’s time it proves it.”

Trinh Huu Long
Editor-in-Chief of Luat Khoa Magazine

Since her arrest, Pham has been almost completely separated from her family and friends. In October 2022, she was transferred to a prison located about a thousand miles from her family home, in the South of Vietnam, making it extremely difficult for her 81-year-old mother to visit. She is suffering from the after-effects of the Covid-19 infection she caught in prison, as well as chronic sinusitis, arthritis, and gynecological problems.

In Vietnam, jailed journalists are almost systematically subjected to mistreatment and denied medical care. On 2 August 2022, Do Cong Duongdied in detention, at the age of 58, as a result of mistreatment in detention. More recently, in August 2023, the family of detained journalist Le Huu Minh Tuan revealed that he was suffering from a severe scabies infection for which he is still denied medical treatment.

Vietnam ranks 178th out of 180 countries and territories in the 2023 RSF World Press Freedom Index and is among the world’s worst jailers of journalists.

REPORTERS SANS FRONTIÈRES / REPORTERS WITHOUT BORDERS (RSF)

Violation of Parliamentary Privileges of MP Harsha De Silva (Chairman – CoPF)

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In an unprecedented turn of events, Dr. Harsha de Silva, Chairman of the Committee on Public Finance, has brought to light a violation of parliamentary privileges, which is a matter of grave concern for the integrity of our democratic institutions. Today, on October 6, 2023, Dr. Harsha de Silva made a special statement in Parliament addressing this issue.

Dr. Harsha de Silva lodged a complaint regarding the breach of privilege under the Parliament (Powers and Privileges) Act, pertaining to a letter dated October 4, 2023. This letter, authored by Gayani Jayaratne, Secretary of the Sri Lanka Cosmetic Manufacturers Association, raised concerns about the handling of Extraordinary Gazette No. 2336/69, dated June 16, 2023.

In addition, this letter incorrectly mentioned that Gazette No. 2336/63, dated June 16, 2023, related to land rights, which falls under the jurisdiction of the Land Commissioner General’s office and is not relevant to our committee’s responsibilities.

Furthermore, this letter incorrectly cites number 2336/69, dated June 16, 2023, pertaining to the Extraordinary Gazette that concerns the Committee on Public Finance, regarding matters of state revenue. However, it should be noted that Gazette number 2336/72, dated June 16, 2023, which concerns the palm oil industry and the revision of tariff rates, is the relevant document I wish to draw attention to.

Gazette number 2336/72 pertains to changes in customs duties on palm oil fatty acids and tariff structure revisions, and it was presented to Parliament on September 19, 2023. On the same day, September 19, 2023, the Committee engaged with relevant ministries to discuss the contents of this Gazette. Due to insufficient information available at that time, the Committee recommended a detailed report from the Ministry of Industry, which was subsequently submitted on September 26, 2023. The Ministry of Finance was also asked to provide additional clarification.

In light of conflicting information with the government’s tax policy, the committee recommended a reconsideration of the Gazette on October 10, 2023, as conveyed to the concerned parties. It is important to note that such deliberations are collective decisions made by the Committee on Public Finance, as the Committee exercises its duty to thoroughly examine matters related to public finances.

The Committee on Public Finance is committed to upholding the principles of parliamentary democracy and operates independently. It does not merely serve as a rubber stamp for government initiatives, as it exercises its constitutional role to provide careful scrutiny and recommendations on matters of public finance, as part of checks and balances.

The allegations made in the aforementioned letter have not been referred to the Committee on Public Finance, and attempts to contact the association through the provided phone number and official website have been unsuccessful. Additionally, some media outlets have misinterpreted the situation, causing further misinformation.

According to the Constitution of Sri Lanka, the Parliament has full control over public finances, and therefore, it is the Parliament that makes appropriate recommendations in that regard, as set out in Standing Order 121. The Committee on Public Finance plays a vital role in this process. Accordingly, in order to maintain a protective and balanced condition, a member of the Opposition has been given its chairmanship. The Parliament decides on matters under consideration by the Parliamentary Affairs Committee, and thus, there is absolutely no influence on the proceedings of the Parliament from any outside group.

In this regard, one website has accused Harsha de Silva as follows: “Chairman of the Committee on Public Finance, Harsha de Silva, on behalf of multinational companies, has neglected his responsibilities…the loss to the government is Rs. 2000 million.” Copies of these accusations are submitted to this Honorable Assembly.

In light of these circumstances, Dr. Harsha de Silva, as Chairman of the Committee on Public Finance, formally notified the House that the privileges of Parliament and MPs have been violated. Dr. Harsha de Silva requests the Honorable Speaker to take the necessary actions to safeguard these privileges and maintain the integrity of our parliamentary system.

SRI LANKA: If Tocqueville was to read our proposed Anti-Terrorism Act

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By Basil Fernando

Asian Human Rights Commission: Alexis Charles Henri Clérel, comte de Tocqueville is the famous author of the book Democracy in America. It is one of the world’s best known writings which have been appreciated by many philosophers, writers, thinkers and also people in many countries. It has also been translated into many languages. 

Tocqueville was a French magistrate, a young man of 30, who, with another friend, visited the United States in 1831. His whole idea was to understand what democracy is by looking into the experience of the United States. He knew about the disclosure on democracy in France as he belonged to a generation which came after the French Revolution. He was also aware of democracy in other European countries. 

His way of trying to understand American democracy was to visit and talk to various persons of various ranks and mostly ordinary people in the United States. In fact, even the phrase ‘ordinary people’ was inappropriate to be used in America during that time because everyone was considered ordinary. The remarkable feature of the American way of life was the lack of an idea of social ranks and status as that we found in the European countries as much as in many other countries in the world. Therein, in the United States then, everyone was another citizen and that is how people behaved towards each other. 

The Mayor of New York himself lived in a hotel room. And, there were no pomp or pageantry exercised regarding his movements as it very often happened then in European countries. He was just another man doing another job and was treated by others in the same manner. 

What is important for this article is about what he would have thought if he were to read the Anti-Terrorism Law that is being proposed in Sri Lanka and which is being pursed despite massive protest from many quarters.

What Tocqueville will find most difficult to understand is how any country which in some way claims to be a democracy goes all the way to attack the freedom of expression and freedom of publication. For Tocqueville, the essence of the American democracy as he saw it then was the freedom of expression. People made newspapers, discussed almost anything freely and that helped to keep a lively discussion on almost anything that was happening in their country. The writer did not have to feel inhibited about what he/she would think and what he/she would write. What was called decency among the writers was the same as the decency that was observed in every other area of life. But, the important issue was that everything could be discussed and was in fact discussed. 

It was these discussions that gave life to other areas of life which Tocqueville described so graphically in his work. Whether it was the work of people engaged in building their businesses, or cutting down the trees and preparing the ground for their living as well as for agricultural and all other things. About the way they held their public meetings and public speaking and about for an example, the place of women in their societies and the manner in which they moved about as every woman was considered a lady unlike in old Europe where the ladies and ordinary women were clearly distinguished from their ways speech, ways of behaviour, ways of dress and everything else. So it is that everywhere there was freedom for expression. Thus, the freedom of expression was not confined to merely the press. Press freedom was an expression of the sort of freedom that existed within the society as a whole. In expressing opinions, agreeing and disagreeing with people, and expressing their taste in various ways, people expressed not only their minds but also their souls. Thus, the freedom of expression was at the very heart of life. To interfere with the freedom of expression in fact amounted to interference into life itself. 

Our so called Anti-Terrorism Law he would have found was something that could come from some kind of abnormal mindset of people who do not understand what society is, what life is, and what it means to be living.

Tocqueville speaks about how everybody in the United States at the time was engaged in making their own livelihoods. Everyone had an opportunity to begin whatever activity they wanted and the society would very much appreciate initiatives that people take, and that was what was expected of everyone. This brings us closer to the problem that is discussed mostly in Sri Lanka why we are going through such a severe economic crisis and facing all these enormous hardships in the country. 

Is it because the people are not willing to work? Or, is it because the systems of governance that have been developed in the county have been unable to create the environment within which everybody could pursue one or other way of life in order that on the one hand, to find their livelihoods and on the other, to find their enjoyment. A society that creates restrictions everywhere can in no way contribute to a dynamic approach to the development of the economic forces. 

The proposed Anti-Terrorism Act in fact is working very deliberately against economic development. Economic development requires the possibility of the exercise of initiative by everybody. It means that a small shop owner in some remote village is able to run his small shop or “kopi kade” and make his own living and somebody else who is engaged in some other activity could also freely do so. What makes people free or not free is the presence of fear. If people are afraid to begin a small business because they are afraid that the society is unable to protect their business, thieves will come and steal from him/her, that he/she may have to pay all sort of bribes, and that he/she may even have to end up going to police stations and other places, merely because some rival makes a false claim, such a society cannot create the necessary atmosphere for economic growth.

Tocqueville speaks about the aristocracy of money in a metaphorical sense, comparing it  against the kind of aristocracy that existed in the old Europe because of birth, because of all kinds of titles, and because of all kinds of ways by which people were classified and confined to their own areas. Whereas, what he saw in the United States at the time was the freedom to choose whatever one wanted to do, the right to move wherever they wanted to move and the right to say whatever they wished to say. 

That creates a kind of security that is needed for economic enterprise. What is lacking in Sri Lanka is a sense of security for people who want to do anything or get engaged in one or the other activity to try their capacities to see what they can achieve. Laws like the proposed Anti-Terrorism Act is meant to create a culture of fear and the culture of fear kills the possibility of the country developing the kind of talents and people to do various kinds of engagements in order to keep the total economy going. 

When laws are made purely for the purpose of repression. That in itself is a conspiracy against the nation’s economy. The proposed Anti-Terrorism Act should be seen as a serious conspiracy against the county’s economy. Anyone with an open mind who has seen experience in other countries like Tocqueville did would naturally wonder what kind of stupidity that is involved with these kinds of laws.

SL to take over Chair of IORA: Ministers meet in Colombo next week

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Ministers of Foreign Affairs of the Indian Ocean Rim Association (IORA) as well as other senior Ministers of IORA Member States and Dialogue Partners will arrive in Sri Lanka next week for the 23rd IORA Council of Ministers which Sri Lanka is hosting on 11 October 2023 in Colombo. The Council of Ministers meeting in Colombo will see the participation of sixteen Ministers including the Foreign Ministers of Bangladesh, India, Iran, Mauritius, Malaysia and South Africa as well as Ministerial and senior level participation from Australia, Comoros, France, Indonesia, Kenya, Madagascar, Maldives, Mozambique, Oman, Seychelles, Singapore, Sri Lanka, Somalia, Tanzania, Thailand, United Arab Emirates and Yemen (member countries) and from China, Egypt, Saudi Arabia, Germany, Italy, Japan, Republic of Korea, Russian Federation, Türkiye, United Kingdom and United States of America (dialogue partners). The Council of Ministers is the highest decision making body of IORA.Foreign Minister Ali Sabry will chair the Council when the current Chair, Foreign Minister of Bangladesh will hand over the chairmanship to the Foreign Minister of Sri Lanka.

The Council will be preceded by the 25th meeting of the Committee of IORA Senior Officials (9-10 October) which will be chaired by Foreign Secretary Aruni Wijewardane.

The Indian Ocean Rim Association (IORA), established in 1997, is an intergovernmental organisation of States on the rim of the Indian Ocean. Its membership spans Africa, West Asia, South Asia, South East Asia and the Oceania. Today, IORA’s membership has expanded to 23 Member States and 11 Dialogue Partners. Sri Lanka will assume the chairmanship of IORA for the period 2023 to 2025 at the 23rd Council of Ministers’ Meeting.

The Ministers will deliberate on ways to cooperate on the six priority areas identified by the Association, including Trade and Investment, Maritime Safety and Security, Fisheries Management, Disaster Risk Management and Blue Economy, among others. They will be guided by recommendations to be made by the 25th Committee of IORA Senior Officials.

The Secretary General of the Indian Ocean Rim Association Dr Salman Al Farisi and the directors of the IORA Secretariat in Mauritius will also participate in the meeting.

The visiting Ministers will also make a collective call on President Ranil Wickremesinghe and hold bilateral discussions with their Sri Lankan counterpart Foreign Minister Ali Sabry as well as with other Ministers, during their stay in Sri Lanka.