The Sri Lankan Parliament is set to consider two significant draft bills this week: the Online Safety Bill (OSB) and the Anti-Terrorism Bill (ATB). These bills have raised concerns from national and international agencies due to their potential implications. Following the ARAGALAYA protests, the Sri Lankan government has severely restricted freedom of assembly and expression, ostensibly to meet austerity requirements set by the International Monetary Fund. However, these measures are unlikely to contribute to economic or political stability.

All governments need to manage hate speech and disinformation. However, the International Covenant on Civil and Political Rights (ICCPR) Act of 2007 was misused by the government and its security agencies as a tool to curb dissent and public debate. The Prevention of Terrorism Act (PTA) and the Bureau of Rehabilitation Act (BRA) were used to curb the human rights of many civil activists. Such misuse does not instil trust and the proposed two acts could be used to abuse the newly gained powers.

The Online Safety Bill aims to regulate online communication, granting wide-ranging powers to the Online Safety Commission and experts. Critics fear it will curtail freedom of information and expression, enabling punishment for views contrary to the government’s stance. The vague definitions in the bill allow for broad interpretations, potentially stifling dissenting voices.

The Bar Association of Sri Lanka (BASL) has asked the OSA to be withdrawn or amended through meaningful consultations with relevant stakeholders as the bills in draft form will have ‘a serious impact on the community’.

Similarly, the Anti-Terrorism Bill, despite claimed revisions, remains contentious. Its vague definition of terrorism, limited judicial oversight, and excessive powers granted to the President are concerning. Detainees can be held for sharing information supporting terrorism, shifting the burden of proof to the accused. Previous laws, like the Prevention of Terrorism Act, were misused, and the new legislation appears to continue this trend, allowing state agencies to exploit these provisions.

Both bills are viewed as tools to suppress opposition, targeting the working class, civil society, and organizations. The Sri Lankan government’s actions, coupled with austerity measures and restructuring of public enterprises, have led to higher unemployment and public discontent. These bills can consolidate dictatorial powers, stifling anti-government opposition and violating fundamental rights and freedoms, including the right to information, dissent, assembly, and peaceful protest.

Australian Advocacy for Good Governance in Sri Lanka (AAGGSL) reiterates its position that the Government has the prime duty and responsibility to enforce the Rule of Law while protecting all fundamental rights and freedoms of the people of Sri Lanka. That includes people’s right to information, dissent, assembly and peaceful protest.

Signed

Dr Lionel Bopage
President, Australian Advocacy for Good Governance in Sri Lanka Melbourne, Australia

By: Staff Writer

Colombo (LNW): Minister of Ports and Aviation Nimal Siripala de Silva has revealed that the recent delays of eight flights have caused losses to the tune of US$ 06 million to the national carrier SriLankan Airlines.

A special discussion pertaining to the recent repeated SriLankan Airlines flight delays and cancellations was held this morning (02), chaired by Minister Nimal Siripala de Silva.

SriLankan Airlines management and all affiliated trade union representatives, at the Ministry of Ports, Shipping and Aviation attended the meeting.

Hundreds of passengers faced severe inconvenience yesterday (1) morning when two SriLankan Airlines flights, scheduled to take off for Nepal and India, from the BIA, were cancelled due to technical problems, airline sources said.

Airline pilots’ guild of Sri Lanka noted that the passengers’ safety is the utmost priority for them and the reason of the flight delys was the technical issue in the plane dengerous to fly Nepal, with mountainous terrain and frequent fog. 

Flight UL-180 scheduled to depart for Kathmandu, Nepal, at 8:20 a.m. was delayed and over 200 passengers were stranded including State Minister Sisira Jayakody.

During the discussion, the representatives of the engineers’ trade unions stated that the recent flight delays were caused by the technical failures in several aircraft, however, the authorities of Sri Lankan Airlines have claimed that this situation arose as a result of certain trade union actions.

Following inquiries by the officials and trade union representatives, the Aviation Minister expressed that there are about 260 pilots for the 21 aircraft currently in operation with the airline and that accordingly, 12 pilots can be assigned per aircraft in rotation, and that this is in line with international standards.

Furthermore, Minister de Silva, who highlighted that a flight officer must fly 100 hours per month according to international regulations, pointed out that in general, a SriLankan Airlines pilot has flown only around 60 hours per month as per the available data.

 He also claimed that if one pilot of the airline flew at least 80 hours per month, such an issue would not have arisen.

Moreover, the minister also drew attention to the fact that there is an issue within the trade unions regarding their salaries and allowances.

However, the Aviation Minister claimed that SriLankan Airlines Ltd. has to pay back loans amounting to a total of USD 1.2 billion as well as their interest.

Meanwhile, the losses incurred during the recent few days due to the delays in nearly 08 flights were USD 06 million, the minister said, emphasizing that it was therefore neither possible to make any allowance nor any salary increment for the employees at the time.

The minister, however stressed to the trade union representatives that nevertheless, if the productivity of the airline is increased, certain payments can be made based on their productivity.

Nimal Siripala de Silva, who claimed that he holds a great responsibility to provide high-quality service to air passengers as the aviation minister, asserted that accordingly, he decided to hand over the right to operate these flights for other airlines while protecting the rights of SriLankan Airlines.

Colombo (LNW): The Human Rights Commission of Sri Lanka (HRCSL) has presented seven essential recommendations to the government pertaining to the controversial Online Safety Bill, emphasising the need to modify it.

In a letter addressed to Public Security Minister Tiran Alles, the HRCSL outlined its response to the Bill and put forward proposals, underscoring the importance of aligning the said Bill with the fundamental rights guaranteed by the Constitution of Sri Lanka.

Colombo (LNW): The government has made a decision to halt the emergency purchases of medicines with immediate effect.

The announcement has been made by Health Minister Keheliya Rambukwella.

This decision, while sudden, is believed to be rooted in a broader government strategy to overhaul the existing drug procurement processes.

Over the past few years, emergency purchases had become a standard method for acquiring essential medicines, often leading to increased costs and concerns over quality assurance.

Colombo (LNW): The Fort Magistrate’s Court today (02) barred several activists, including Duminda Nagamuwa and Ven. Galwewa Siridhamma Thero, from entering specific areas in the Colombo city, after considering submissions from the Officer in Charge of the Fort Police Station.

Eight individuals, including Convener of the Inter-University Student’s Federation, Madushan Indrajith, Inter-University Bhikku Federation’s Ven. Galwewa Siridhamma Thero, Organiser of the Labour Struggle Centre, Duminda Nagamuwa, General Secretary of the Ceylon Teachers’ Union, and anyone accompanying them, are barred from entering specific areas in Colombo between 11 am to 6 pm.

Prohibited areas include the President’s Office, Ceramic Junction to the NSA Roundabout, and NSA Roundabout to Baladaksha Mawatha.

The court mandates that these individuals must not damage property or incite the public.

Colombo (LNW): The International Monetary Fund (IMF) in its Governance Strategic Assessment (GDA) report on Sri Lanka has issued sixteen priority recommendations to be implemented.

These measures are designed to address major governance shortcomings and deep-rooted corruption within governmental operations, paving the way for the country’s economic growth potential.

The recommendations:

1. By November 2023, establish an Advisory Committee, composed of independent experts on anti-corruption to assist in the nomination of CIABOC Commissioners and the Director General.
   
2. Publication of Asset Declaration for senior officials (President, Prime Minister, ministers) on a designated website in line with Anti-corruption Law by July 2024.
   
3. Enact Proceeds of Crime legislation that is fully aligned with UNCAC and FATF standards by April 2024.
   
4. Amend the National Audit Act to enable the Auditor General to levy surcharges on officers, including Chief Accounting Officers, for failure to properly discharge responsibility for oversight and accountability for use of public resources.
   
5. Finalise and implement regulations to support the provision of beneficial ownership information as required by the Companies Act and establish a public beneficial ownership registry by April 2024.
   
6. Enact a Public Procurement Law that reflects international good practice by December 2024.
   
7. In December 2024, publish report on a designated website on progress in increasing the proportion of competitive tendered procurement contracts in the 10 agencies determined to have the lowest level of competitive tenders in 2022.
   
8. Starting in March 2024, publish on a designated website: (i) all public procurement contracts above LKR 1 billion, along with comprehensive information in a searchable format on contract award winners; (ii) a list of all firms receiving tax exemptions through the Board of Investment and the SDP, and an estimation of the value of the tax exemption; and (iii) a list of firms receiving tax exemptions on luxury vehicle import. Information to be updated every six months.
   
9. Implement the SOE Reform Policy, ensuring that the holding company (HoCo) and the advisory committee are comprised of skilled, independent, and ethical staff.
   
10. Abolish or suspend application of the Strategic Development Projects Act until promulgation of explicit and transparent process for evaluation of proposals and costing of investment promotion conditions.
    
11. Amend tax legislation to eliminate or restrict ministerial authority to introduce tax changes without prior parliamentary approval and ensure that such changes do not generate revenue losses.
    
12. Institute short-term anti-corruption measures within each revenue department to strenghten internal oversight and sanctioning processes and linkages with CIABOC and related criminal investigation and enforcement processes by Dec 2023 and issue a public report on steps taken and results obtained by Dec 2024.
    
13. Following a broad consultative process, produce a Cabinet policy paper by June 2024 on options for establishing new management arrangements for the Employee Provident Fund that terminates direct CBSL management.
    
14. Revise legislation, regulations, and process relating to financial sector oversight in the banking sector, including strengthening corporate governance for banks with government ownership by improving the selection of executives and Board members.
    
15. By December 2024, establish an on-line digital land registry, and publish, on a designated website, report on progress in implementing published Plan for registering/titling all state land.
    
16. Establish and implement a plan to expand the resources and skills available to the Judicial Service Commission in order to enhance their ability to carry out their function and define potential options for modifying governance arrangements in the Justice sector to strengthen oversight, monitoring, and proper sector development.

Read full report: https://www.imf.org/-/media/Files/Publications/CR/2023/English/1LKAEA2023002.ashx

By: Isuru Parakrama

Colombo (LNW): Due to active Southwest Monsoon conditions over the island, prevailing showery condition in south-western part of the island is likely to continue further, the Natural Hazards Early Warning Centre of the Department of Meteorology said in an advisory statement today (02).

Heavy showers above 100 mm are likely to occur at some places in Southern province and in in Kalutara and Ratnapura districts, the statement added.

Colombo (LNW): Public Security Minister Tiran Alles has issued a directive to conduct an in-depth investigation into the resignation of Mullaitivu District Judge T. Saravanarajah.

The Criminal Investigations Department (CID) has been tasked with this probe, including the Judge’s exit from the country.

In a letter dated September 23, 2023, to the Judicial Services Commission, Judge Saravanarajah declared his resignation from several judicial posts.

His decision to resign was based on life threats and stress, particularly relating to the controversial Kurunthur Malai case.

In June 2022, he prohibited any construction at the ancient temple, Kurunthur Malai.

After his resignation, due to threats and pressure from state authorities linked to his ruling on the Kurunthur Malai case, the Judge reportedly left Sri Lanka.

Various Sri Lankan law associations have urged an official investigation into these claims, highlighting concerns over the security of the country’s judiciary.

By: Staff Writer

Colombo (LNW): The Commonwealth Heads of Government Meeting (CHOGM) balance sheet in 2013 is still to be made public due to its massive scale of waste and corruption for Rajapksa regimes extravaganza, a recent financial analysis report revealed.

Accordingly the Colombo Municipality has to repay over Rs 800 million of state bank credit taken by the then mayor for. City and Road beautification programme.     

This massive debt has been recorded in state bank  balance sheets as non performing loans without taking any action to recover it allowing it to be written off. Normally these state banks like loan sharks are going after poor innocent debtors who are struggling to repay their credit card dues amounting to Rs,100,000-200.000.

Forty-nine luxury buses imported in view of the Commonwealth Heads of Government Meeting (CHOGM) In 2013 and later used for public transportation on the southern expressway now lie idle with Sri Lanka Transport Board (SLTB) due to lack of spare parts to repair them, a news report revealed.

It has been, denying daily revenue of Rs. 80,000-90,000 to the government coffers, the report added. 

A sum of Rs 1.18 billion was spent, by the Ministry of Mass Media and Information, on publicity and media coverage, in relation to the Commonwealth Heads of Government Meeting (CHOGM) in 2013. This was revealed in official documents.

It was also revealed that a colossal sum of Rs 10 million was spent on a dinner for journalists on the eve of CHOGM in 2013.

Accordingly, the funds, allocated through Treasury grants, were spent under nine categories, which were; for the construction and maintenance of the Media Centre, publicity programmes in electronic media and, public awareness programmes.

A massive sum of money was spent to purchase office equipment, creation of the official logo and newspaper advertisements, entertainment of local and foreign journalists, including dinners, allowances for the officers of the CHOGM Project Office, allowances for officers and other expenses. 

Subsequently, a breakdown of the expenditures incurred by the ministry shows that Rs 8.28 billion was spent on the construction and maintenance of the media centre while Rs 180,55 million  was spent on public awareness programmes.

There was no outcome of the high level government probe into the contract awarded to the Sri Lanka National Gem and Jewellery Authority to make specially-designed distinct brooches for spouses of heads of governments attending the Commonwealth Heads of Government Meeting (CHOGM) in Sri Lanka following allegations of corruption, informed sources said.

A craftsman in Buttala had been assigned the task of making these brooches with portraits of spouses of heads of governments embedded in it and the cost was to be in the region Rs. 35,000 to Rs. 49, 000, these sources revealed. 

The actual cost to make 72 brooches was Rs. 2.88 million, according to the quotation given by the craftsman.

However the price quoted by the Authority for a brooch was Rs. 250,000 and the total cost to make 72 brooches was Rs.18 million.

The Authority has been accused of inflating the price of a brooch by Rs.201,000 and total cost by Rs.15.12 million and this is under investigation, the sources said.

Even after 10 years of this financial misappropriation no action has been taken against any official involved in the corrupt deal and no one knows about the plight of the top official level probe into irregular spending of Rs. 35 million allocated for Commonwealth Heads Spouses’ Programme.