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SRI LANKA: Two decisions that expose the utter collapse of Rule of Law

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The decision made by the Canadian government to impose sanctions on two former presidents, Mahinda Rajapaksa and Gotabaya Rajapaksa, and Staff Sergeant, Sunil Ratnayaka, and Lt. Commander, P Hettiarachchi for gross and systematic violations of human rights during the war against the Liberation Tigers of Tamil Ealam (LTTE), and supreme court decision in favour of petitioners regarding the failure on the part of the then president Maithripala Sirisena, former IGP Pujitha Jayasundara, former defence secretary Hemasiri Fernando, former national intelligence director Nilantha Jayasuriya, and former director of the State Intelligence Service Sisira Mendis who were all ordered to pay heavy damages to the victims for failing to prevent the act of terrorism caused on the Easter Sunday 2019, marks important recognition of the very serious collapse of the rule of law system in Sri Lanka and its failure to provide the required protection to the citizens. While greatly appreciating these decisions, the Asian Human Rights Commission (AHRC) hopes that these will create much delayed debate on the grave crisis of rule of law and law enforcement in Sri Lanka.

AHRC wishes to highlight the following passage of the supreme court judgement and call upon everyone including the parliament to pay due attention to the following observations and recommendations: “Before we proceed to summarize the compensation payable and part with the judgment, we must express our shock and dismay at the deplorable want of oversight and inaction that we have seen in the conduct of affairs pertaining to Security, Law and Order and Intelligence. There are glaring examples of a lack of strategic co-ordination, expertise and preparedness that need a critical examination as to the way forward. The failures that eventuated in the Easter Sunday attacks and the concomitant deaths and devastations have left behind an indelible blot on the security apparatus of the Country and this Country which is blessed by a multi-cultural and multi religious polity cannot be left to the vagaries of these follies and made to suffer leading to violence, fear, apprehension and uncertainty. These events must recede into oblivion but they remind us starkly of the necessity to effect legislative, structural and administrative changes.

It is evident from the evidence placed before us that there is an urgent need to place the National Security Council (NSC) on a statutory footing and its composition specified with clarity so that there are no maneuvers to manipulate hostile exclusions and selective inclusions. The affidavit testimonies and the large volume of documents we have perused highlight the necessity to revamp the security systems and intelligence structures so that the expanding threats of terrorism and emerging challenges could be nipped in the bud and arrested as this Country cannot descend into anarchy once more. The course of conduct we have scrutinized demonstrates a woeful lack of expertise in intelligence gathering and dissemination among important individuals entrusted with the task. For instance, the office of Director, SIS and CNI must be occupied by individuals with necessary skill and expertise and the conduct of the Respondents who held the office, upon receiving sensitive intelligence, shows a lack of awareness and understanding of strategic vision. We recommend that the duties and functions of the office of Chief of National Intelligence (CNI) must be stipulated with definite certainty and the office should be occupied by a person having the necessary expertise, training and qualification”.

The decision by the Canadian government and the judgement of the supreme court have brought a severe verdict on 3 of former executive presidents of Sri Lanka, Mahinda Rajapaksa, Maithripala Sirisena, and Gotabaya Rajapaksa. Perhaps this may be the first time in world history that 3 of the heads of states in a single country has been brought into such a severe condemnation. Such condemnation though made against 3 individuals who held these posts, it also proves the correctness of the critics who have consistently held that the executive presidential system is an unsuitable political institution for democracy and rule of law in Sri Lanka and this institution poses perhaps the single most danger to all aspects of Sri Lankan life including security of its people. As the supreme court has pointed out, Sri Lanka is very much in need of legislative, structural and administrative changes.

Perhaps the single most important debate that should occupy the parliament as well as media and popular discussion should be the way to supplement such recommendations for legislative, structural and administrative changes.

We hope a serious debate will now at least begin on most important issues that affects the nation and every effort will be made to achieve such systemic changes which alone can ensure the rescue of Sri Lanka from falling into further abyss.

Asian Human Rights Commission

“Keep sensible precautions wear mask”

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Prof. Malik Peiris  Hong Kong-based British and Sri Lankan virologist, most notable for being the first person to isolate the SARS virus talks of

the new Covid-19 variant, XBB.1.5, which is spreading rapidly throughout the world. In December 2022,  According to the WHOl, XBB.1.5 is the most transmissible form of Omicron yet.

By Dinesh Weerakkody

HOW MUCH SHOULD PEOPLE WORRY ABOOT Covid’s XBB.1.5 VARIANT?

XBB.1.5 is one of many descendants of the Omicron variant group of viruses. XBB was first reported to cause a large outbreak in Singapore. XBB1.5 is a further mutant from XBB. XBB.1.5 appears to be more transmissible than other variants to date, at least in USA where it is rapidly becoming the dominant variant in East USA. 

However there is no evidence that XBB.1.5 causes more severe disease. 

IS THE CURRENT VARIANT MORE DANGEROUS THAN PREVIOUS VARIANTS ?

I think given the fact that many people are now well vaccinated, (and many people also have being infected, i.e. so called hybrid immunity) XBB.1.5 is not a reason for panic. 

WHAT IS NEW ON CORONA XBB 1.5?

However, it is reminder that SARS-CoV-2 will always be with us and continuing to circulate in the human population with new variants emerging from time to time. 

PROF MALIK WHAT PRECAUTIONS SHOULD SRI LANKA TAKE?

While we are all “living with the virus”, and that is sensible to do at this stage, that does not mean “throwing caution to the winds”. It is reasonable to keep sensible precautions (wear mask, avoid crowded places when possible) especially for high risk individuals. 

FINALLY WHERE DID THE ‘ KRAKEN ‘ NAME COME FROM?

Kraken is not a technical term and I am not sure how it came about.

SL enters into new era of 25 year reforms effective from Independence Day

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Initiating the long overdue system change in governance, administration and state machinery the Government is set to launch the new reform program for the next 25 years at the Diamond Jubilee celebration of Independence Day on February 04.

The 75th National Independence Day will be held under the theme ‘Namo Namo Matha – A Step towards a Century’.

“During the celebrations, the Government will announce its new reform course for the next 25 years for the implementation of a stable Government policy right until the 100th Independence Day celebrations in 2048,” the President’s Media Division said.

The main ceremony of the National Independence Day celebrations will be held on February 04 at 8:30 a.m. at Galle Face Green under the patronage of President Ranil Wickremesinghe and Prime Minister Dinesh Gunawardena.

President Wickremesinghe aims to reform and maintain a stable State Policy till the 100th Independence Day in 2048 to ensure solid economic growth for Sri Lanka by the 100th Independence Day in 2048.

For this, the Cabinet of Ministers at its meeting on Monday approved the proposal tabled by President Wickremesinghe to establish several new institutions, laws and projects within the next 25 years.

The objective of establishing these measures is to ensure the progress of socio-economic, cultural and political harmony in the country. These include three sub-categories such as establishing institutions, introducing new laws, and implementing new projects.

The establishment institutions include; the Institution of History, the Institute of Economic and Trade, the Institute of Women and Gender, the University of Government and Government Policies, the University of Agricultural Technology, the University of Climatic Changes, and the University of Sports.

Introduction of new laws for activities include; National Commission on Women’s Act, Gender Equality Act, Women Empowerment Act, Child Protection Act, Act on Climatic Changes, Commission on Social Equality Act, Reforestation and Forest Cover Act, Live Entities Act (River Mahaweli, Sinharaja, Sri Paada Conserve/Solitary Peak Horton Plains, Knuckles Adam’s Bridge), Laws for oceanic resources expedition and management (Specific economic zone/within EEZ), Muthurajawela (Conservation) Act, and Protection Act of Differently Abled Persons.

The festivities are scheduled to begin after the offering of floral tributes at the statue of post-independence first Prime Minister D.S. Senanayake at Independence Square and the statue of the war heroes at the Presidential Secretariat.

It is also of significance that many cultural and religious programs have been organised throughout the country in concurrence with the 75th National Independence celebrations.

In addition, arrangements have been made to hold Independence Day commemorations at the provincial and district level, whilst the entrance to all public and national parks will be opened to the public free of charge on National Independence Day.

Govt to streamline Samurdhi scheme amidst allegation of irregularities

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Sri Lanka government has embarked on streamlining of the Samurdhi (poverty alleviation relief) payment scheme confining only to the eligible poorest of the poor people countrywide strictly identifying the needy in the wake of World Bank concerns on irregularities in the system.

World Bank survey has revealed that nearly forty percent of Sri Lanka’s Samurdhi welfare recipients are ineligible to receive the benefits.

The Committee on Public Finance emphasized the need of maintaining a register with accurate data for transparent payment of these benefits but the preparation of a transparent register of welfare beneficiaries, further delayed due to the trade union actions of the officials.

It was revealed at the meeting of the Committee held recently (Jan. 10) that a problematic situation has arisen due to the refusal of Samurdhi officials to collect data to prepare a social welfare register, identifying those who deserve benefits with transparency.

This was revealed when the orders of the Extraordinary Gazette No. 2302/23 published under the Welfare Benefits Act No. 24 of 2002 were taken into consideration at the Committee of Public Finance under the Chairmanship of Member of Parliament Dr.Harsha De Silva.

It was further revealed that it is a proposal of the International Monetary Fund (IMF) to carry out the activities transparently without corruption in the payment of Samurdhi and welfare benefits and accordingly the responsibility for this is assigned to the Welfare Benefits Board.

Thus, the orders were published in this gazette for the necessary arrangements for the data collection process.

Accordingly, the Chairman of the Welfare Benefits Board Mr. B. Wijeratne said that trade unions of Samurdhi Department officers, Grama Niladharis and Economic Development officers have brought to the notice the difficulties faced by them.

They informed that they would not carry out the next phase of this program until measures are taken to amend the section 21 and 22 of the Welfare Benefits Act as even their employment could be lost in the event if the applicants would not reveal their information truly and correctly at the enumeration.

He pointed out that the officers who enter false data are also subject to punishment by this section 21 and 22, thus they have refused to collect this data until those sections are amended.

Acceptance of initial applications to identify suitable individuals/families for receiving welfare benefit payments had recently ended.

The Chairman of the Welfare Benefits Board said that a mobile application was also introduced to collect secondary data by visiting the houses of the applicants who have applied for welfare benefits.

Suggestion has been made to make the National Identity Card mandatory in the payment of welfare benefits.

Thus, the committee emphasized the need to solve this problem as soon as possible to create a culture free from corruption and fraud, as the delay in preparing this register may lead to delay in obtaining the assistance of the International Monetary Fund. (IMF)

It has also recommended to take decisions related to carrying out these data collection activities promptly by following an alternative method

Govt to gradually drop military personnel leading to massive redundancy

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The government expects to slash the number of Sri Lanka Army personnel to one hundred and thirty five thousand from two hundred thousand by next year, revealed State Minister of Defence Pramitha Bandara Thennakoon.

“The number of Sri Lanka Army personnel is 200,783. We expect to slash the number of estimated Sri Lanka Army personnel to 135,000 by the year 2024. In addition, by 2030 we expect to maintain our Army by about 100,000 personnel. This decision has been taken following a thorough study and an understanding,” Thennakoon said.

The Minister went on: “National Security and Economy are two sides of the same coin. Every country prioritises National Security. Accordingly, every government considering that priority allocates the highest amount from their budgets for National Security. As long as National Security exists the country’s Economy strengthens. Therefore, we as a government give priority to National Security always.”

Despite the number of military personnel being slashed the move will not affect National Security whatsoever, he added.

MIAP

Court orders to collect statement from ex President Rajapaksa in connection with money found in President’s House

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The Fort Magistrate Court yesterday (13) ordered the Police Special Crimes Division to record a statement from former President Gotabaya Rajapaksa, in connection with the money amounting to over Rs. 17,000,000 found in the President’s House during the July 09, 2022 uprising.

This was when the case related to the forced acquisition of the President’s House was taken up before Fort Magistrate Thilina Gamage yesterday.

Lawyers told the Court that a statement was not collected from the ex President in connection with the money discovered and handed over by the protesters yet.

Accordingly, the Court ordered that a statement be recorded from Rajapaksa.

Following the July uprising, ex President Rajapaksa fled the country and later tendered his resignation, becoming the first Sri Lankan President to be ousted via a public uprising.

MIAP

COPF suggests the taxing on non – cash benefits of President, MPS, officials

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Sri Lanka aims at increasing tax revenue by 69 percent to Rs.3,130 billion this year from Rs.1,852 billion in 2022 while bringing down the budget deficit to 7.9 percent in 2023 from revised 9.8 percent in 2022.

The high tax revenue target comes as millions of Sri Lankans face the impacts of the ongoing economic crisis – 66 percent inflation, job losses, and shrinking disposable income.

In this contect the Chairman of the Committee on Public Finance, MP Dr. Harsha De Silva recently emphasized that a system should be implemented to collect taxes properly on non- cash benefits starting from the President of the country to all Ministers, Members of Parliament and officials.

Non-cash benefits include vehicles, houses, employees, etc. owned by a person holding a certain position. Thus, these taxes should be carefully looked into, considering all elements, he added.

The Chairman made this observance when the Inland Revenue Department was summoned by the Committee on Public Finance (COPF) on Tuesday to discuss the Road Map for Tax Collection for the year 2023.

The Inland Revenue Commissioner General pointed out during the discussion that the amount of tax collected in the year 2022 is Rs. 860 billion and the amount of tax expected to be collected for the year 2023 is Rs. 1,667 billion in amount.

Accordingly, compared to last year, it is expected to receive more tax money amounting to 922 billion rupees this year, he said.

The largest amount which is Rs. 603 billion as expected tax revenue in 2023 is expected to receive from corporate income tax. The local revenue officials also indicated that an income of 553 billion rupees is expected from the value-added tax (VAT).

The committee also discussed at length the strengthening of this tax collection program and the Department of Inland Revenue gave information about the problems including the delay in the cases in the court related to tax payment defaults.

The chairman of the committee said that the COPF will intervene to review these problems and provide solutions.

Accordingly, the chairman of the committee informed the Inland Revenue Department to report to the committee in February about the progress of tax collection.

The attention of the committee was also drawn to some media reports that taxes were levied on the pension of disabled war heroes. The officials of the Inland Revenue Department pointed out that no such tax is levied on a pension in any way.

The regulations in Gazette No. 2307/12 under the Import and Export Control Act were also submitted to the committee for approval. This gazette was published to ease the import restrictions imposed on sports items, railway spare parts, and certain items in the cosmetics industry.

The committee approved the gazette and stressed that it is preferable to allow the import of products required for industries such as tourism and cosmetics under the recommendations of the relevant institutions by charging a higher tax.

Alles’ UPP to contest Local Govt Election from ‘Mobile Phone’ (VIDEO)

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The United People’s Party (UPP) of which Public Security Minister Tiran Alles is the Secretary General will be contesting the upcoming Local Government Election, Party Media Coordinator Chaminda Gunasinghe revealed.

The UPP has the symbol of a Mobile Phone, and expects to contest the Local Government Polls covering the entire island, including the North and the East.

Many popular political activists and social activists have already expressed their interest to contest the polls from the UPP, the Party Media Coordinator said.

Candidates can submit their applications and interviews have already commenced, Gunasinghe added.

Connect from here to apply.

MIAP

WB predicts positive 1 percent economic growth for SL in 2024

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Plunged into its worst-ever economic crisis, Sri Lanka’s real GDP is expected to fall further 4.2 percent in 2023 from 9.2 percent this year and gain a positive 1 percent economic growth only in 2024.

To this end, the spotlight highlights two key experiences of the Asian financial crisis as lessons for Sri Lanka.

Firstly, the short-term measures needed to address structural weaknesses, buffers to mitigate external shocks and build resilience to future shocks. Secondly, critical policies to promote future growth.

This was revealed by the World Bank in its Global Economic Prospects latest report released this week. .

According to the WB report, Sri Lanka will remain the only South Asian economy to suffer contraction in 2022 and 2023.

“In the face of the economic crisis, and ever increasing poverty Sri Lanka will need to expand employment in industry and services and recover real value of incomes to mitigate the impacts of the crisis, and build long-term resilience of its people

Bangladesh 2022 growth forecast is 5.2percent in 2022/23 and 6.2 percent in 23/24. India’s growth is 6.9percent and 6.6percent in 22/23 and 23/24. Pakistan’s figures are 2 and 3.2 percent respectively

Sri Lanka’s economic crisis is deepening with unsustainable debt and a severe balance of payment crisis on top of lingering scars of the COVID-19 pandemic.

The combined effects of COVID-19 and the record-high commodity prices due to the war in Ukraine took a heavier toll on Sri Lanka, exacerbating its debt woes and depleting foreign reserves. Plunged into its worst-ever economic crisis.

Debt restructuring and the implementation of a deep reform program are critical for Sri Lanka’s economic stabilization, says the World Bank in its latese economic prospects update, underscoring the need for Sri Lanka to build resilience.

According to the World Bank, Sri Lanka will remain the only South Asian economy to suffer contraction in 2022 and 2023. Bangladesh 2022 growth forecast is 5.2% in 2022/23 and 6.2% in 23/24. India’s growth is 6.9% and 6.6% in 22/23 and 23/24. Pakistan’s figures are 2% and 3.2% respectively.

The report said that the economies of the South Asia region (SAR) continue to be adversely affected by shocks emanating from the Russian Federation’s invasion of Ukraine, including higher food and energy prices, and by the tightening of global financial conditions as central banks in the region and elsewhere act to fight high inflation.

“Protecting the vulnerable is critical as Sri Lanka fast tracks deep reforms to navigate the deepening economic crisis.

The crisis calls for immediate action to protect the poorest and most in need while also focusing on strengthening the social protection system,” said Faris H. Hadad-Zervos, World Bank Country Director for Maldives, Nepal and Sri Lanka.

Secretary General of the Commonwealth Parliamentary Association meets President Wickremesinghe

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Secretary-General of the Commonwealth Parliamentary Association (CPA) Mr. Stephen Twigg, met with President Ranil Wickremesinghe during his official visit to Sri Lanka.

The meeting was held at the President’s office this morning (13).

Senior Advisor to the President on National Security and Chief of Staff of the President Mr. Sagala Ratnayake was also present on this occasion.

PMD