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Sri Lanka: Criminalisation of same-sex sexual activity breached rights of a LGBTI activist, UN women’s rights committee finds

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GENEVA  – Sri Lanka violated the rights of a lesbian and leading LGBTI activist who was subjected to discrimination, threats and abuses due to the country’s Penal Code that criminalises same-sex sexual activity, the UN Committee on the Elimination of Discrimination against Women (CEDAW) has found.

In its decision published today (23), CEDAW found that Sri Lanka has breached the rights of Rosanna Flamer-Caldera, the founder and Executive Director of Equal Ground, an organisation defending the rights of the lesbian, gay, bisexual, transgender and intersex community in Sri Lanka.

Flamer-Caldera has been supporting lesbian and bisexual women in defending their rights after discovering in 1997 that the country’s Penal Code, which criminalises same-sex sexual activity, had been amended to include also sexual conduct between women. Since then, Flamer-Caldera has suffered high-profile attacks on her character, and she and her organisation have been subjected to discrimination, harassment, stigmatization and threats of violence by State officials and members of the public, including the press and social media.

In 2012 and 2013, the Women and Children’s Bureau of the Sri Lanka Police used Flamer-Caldera’s photo and her position with Equal Ground in presentations to assert that the rise of child abuse was mainly due to the “growing homosexual culture”. They claimed that she and her organisation were responsible for “spreading” homosexuality, implying that they were also responsible for “spreading” paedophilia.

Despite facing harassment and stigmatization, Flamer-Caldera did not complain to the police as she was worried she would be arrested. As a result of the amended Penal Code, she has been under constant risk of arrest, detention and investigation of her private life and has had to modify her behaviour.

Flamer-Caldera brought her case to the Committee and claimed that the criminalisation of female same-sex sexual activity and the concomitant potential for arrest and prosecution amount to discrimination on the grounds of gender and sexual orientation, violating her right to non-discrimination.

“Ms. Flamer-Caldera has been frequently threatened and harassed by the police, the media and the public, but she has been unable to report these abuses out of fear of being arrested,” said Committee member Hiroko Akizuki.

“The criminalisation of same-sex sexual activity has meant that the discrimination, violence and harassment on the lesbian, gay, bisexual, transgender and intersex community in Sri Lanka will continue with impunity,” she added.

CEDAW found that the Sri Lankan authorities have subjected Flamer-Caldera to gender-based discrimination and violence.

It found that the Sri Lankan authorities had not taken any legal or other measures to respect and protect Flamer-Caldera’s right to a life free from gender-based violence or to eliminate the prejudices to which she has been exposed as a woman, lesbian and activist.

It also found that the authorities have breached her right to access to justice to complain of the abuses and her right to non-discrimination concerning her family relations.

The Committee urged Sri Lanka to decriminalise same-sex sexual conduct. It also requested that the State take immediate and effective action to stop the threats, harassment and abuse, which Flamer-Caldera has been subjected to, and to take criminal procedures to hold those responsible to account.

Office of the High Commissioner for Human Rights (OHCHR)

Gas crisis to be solved within the next 10 days

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It is planned to release one million gas cylinders to the market within the next 10 days, which will alleviate the current shortage of gas in the market, said Thushara Jayasinghe, Chairman of Litro.

Jayasinghe further stated that the supply of gas to Litro is being continued and two more ships carrying gas are scheduled to arrive in the island tomorrow and Monday.

He says he plans to release one million gas cylinders to the market in the next 10 days.

Normally between 80,000 and 100,000 cylinders of gas are required to meet the daily requirement of the country, but from time to time Litro was unable to maintain these supplies due to the non-availability of the required stocks of gas.

Also, due to the current shortage of dollars, the Laugfs company is no longer able to market Laugfs gas properly.

Ceylon Chamber Chairman Expresses Gratitude to India for its Assistance 

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The Chairman of the Ceylon Chamber of Commerce Mr. Vish Govindasamy thanked the Government and the people of India for coming to Sri Lanka’s aid in its time of urgent need, at an event aimed at increasing trade and investment and strengthening relations between the two countries.

‘For considering the urgent need of the people of Sri Lanka and the Government, and providing a US$ 1 billion credit line, US$ 500 million facility for the purchase of fuel, US$ 400 million currency swap and the deferment of US$ 500 million Asian Clearing Union (ACU) payment, totalling US$ 2.4 billion, I thank you on behalf of the people of Sri Lanka’, he emphasised.

Mr. Govindasamy was addressing a forum titled India-Sri Lanka Partnership for Sustained Growth, on the theme of ‘Enhancing Economic Engagement for Mutual Benefit’ organised by the High Commission of India in Sri Lanka, in collaboration with the Ceylon Chamber of Commerce (CCC), Confederation of Indian Industry (CII), Indo-Lanka Chamber of Commerce and Industry (ILCCI), and the Indian CEO Forum (ICF).

The Chief Guest at the event was Minister of Trade Bandula Gunawardena, while the High Commissioner for India in Sri Lanka, H E Gopal Baglay also graced the occasion.

Highlighting the long-standing and warm relationship between India and Sri Lanka, Mr. Govindasamy emphasised that ‘India is also recognised as a key investment partner of Sri Lanka, with a number of leading Indian firms having established a business presence in Sri Lanka through investment linkages’.

 He welcomed further opportunities to enhance bilateral relations between the two countries, drawing particular attention to investing in Economic Zones in Sri Lanka, in manufacturing and services sectors such as pharmaceuticals, IT, tourism and leisure, logistics, apparel, food processing, electronics, medical devices and automobile components.

Highlighting strong potential for enhancing bilateral trade and cooperation between India and Sri Lanka, he added that the Ceylon Chamber, with its focus on fostering greater collaboration in bilateral trade relations, has been working tirelessly to ‘improve the frequency and content of trade-related activities to reflect this greater interaction between Sri Lanka and India’.

Several senior representatives of the government and private sectors of India and Sri Lanka, including the Board of Investment of Sri Lanka, Invest India and other investment focused institutions from India made presentations at the event, with a common theme highlighted being the high potential for increasing bilateral trade and investment opportunities between the two countries. 

In addition to investment opportunities in the sectors highlighted above, the presenters invited investment and collaboration in aquaculture, healthcare, education, agriculture, food processing and textiles in addition to a plethora of other sectors offering promising potential.

Similar opportunities for collaboration were highlighted by the CEO and Secretary General of the Ceylon Chamber, . Manjula de Silva, at a meeting hosted by the Chamber earlier the same day with a delegation representing the CII, at which the visiting delegation expressed keenness to forge business linkages in several areas of commerce and technology.

The US expresses willingness to enhance bilateral trade, investment, and tourism.

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Sri Lanka and the United States convened the fourth Sri Lanka-US Partnership Dialogue today (March 23), in Colombo, renewing their shared commitment to economic prosperity, sustainable development, democracy, human rights, and the rule of law.

Acknowledging that the US is already the largest market for Sri Lankan exports, both delegations reiterated their intent to explore new opportunities to enhance market access, bilateral trade, investment, and tourism.

The meeting was co-chaired by Minister of Foreign Affairs Prof. G.L. Peiris and the Under Secretary for Political Affairs of the US Department of State Victoria Nuland.

Both delegations reaffirmed their commitment to the bilateral relationship, firmly rooted in shared values as fellow democracies, and their intent to work together to further strengthen the partnership.    

Sri Lanka expressed its deep appreciation to the United States for the donation, in partnership with COVAX, of 3.4 million vaccines, and the provision of over USD 18 million in health equipment and other relief to address the COVID-19 pandemic in the past year.

The United States expressed its commitment to enhancing opportunities for the economic empowerment of women.

To that end, Sri Lanka welcomed the role of the US International Development Finance Corporation (DFC), which has increased its portfolio to USD 265 million in loans designed to support Sri Lanka’s small and medium enterprises, particularly women-owned businesses.

Sri Lanka also appreciated the provision of US funding to launch the first business accelerator in Sri Lanka, specifically aimed at women entrepreneurs.

Both countries committed to working together to address climate change and other environmental challenges. 

The United States welcomed Sri Lanka’s goal to produce 70 percent of electricity from renewable energy by 2030, and to attain carbon neutrality by 2050.

Ongoing US grant assistance to help meet these goals, including a five-year USD 19 million Sri Lanka Energy Program and support towards a floating solar plant, were noted with appreciation.

The United States informed its intent to continue supporting the sustainable development of Sri Lanka through the US Agency for International Development.

The US delegation reaffirmed its commitment to promote school nutrition and literacy among Sri Lankan children, in consultation with the Sri Lankan Government.

Sri Lanka appreciated the successful nutrition campaign conducted by Save the Children in 2021 which benefited over 106,000 primary grade students.

Sri Lanka and the United States resolved to continue cooperation on maritime security and work together to ensure a safe maritime domain in the Indian Ocean through the rules-based international order. In this context, the US strategy towards a free, open, and prosperous Indo-Pacific region, which promotes freedom of navigation and overflight, was noted as an important initiative.

Sri Lanka welcomed the impending arrival of the third High Endurance US Coast Guard Cutter transferred through the US Excess Defense Articles program. 

The United States noted the recently announced King Air program to strengthen Sri Lanka’s maritime monitoring capacity and respond to humanitarian and post-disaster needs. Sri Lanka welcomed US support in the prevention of smuggling and other illegal activities.

Both delegations welcomed ongoing bilateral defense and security sector cooperation, including US support for humanitarian demining and disaster relief, joint military engagements, human rights training for Sri Lankan officers, and exchange of visits, including by US ships and military officials. The United States resolved to explore opportunities to further expand counter-terrorism cooperation with Sri Lanka

The United States welcomed action taken by Sri Lanka to promote reconciliation and human rights in pursuit of development and prosperity. Sri Lanka outlined its progress in reconciliation, in promoting and protecting human rights, and in strengthening democracy, democratic institutions and practices, good governance, justice and the rule of law. The United States acknowledged progress in these areas, including efforts to reform the Prevention of Terrorism Act (PTA), the release of long-term PTA detainees, the justice reform agenda, and engagement with civil society representatives. The United States encouraged Sri Lanka to continue making progress on its commitments to reconciliation and human rights

Clearance of  imported food containers under Indian credit delayed 

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The use of the US $ 1 billion Indian credit line for the release of around 1500 containers of essential food commodities already imported from India and stuck at the port has been hampered since some of the shippers are not ready to accept payment in Indian rupees, a spokesman said.

The government signed an agreement with India to secure the credit line to import food items and medicines from India. In the wake of signing the agreement, Trade Minister Bandula Gunawardana said he gave instructions for the initiation of steps to get these cargoes released using the credit line.

However, a spokesman for the Essential Food Commodities Importers and Traders Association said a lot of formalities remain to be completed for the credit line to materialize.

He said payments should be made in Indian currency to shippers.

“Some of the shippers insist on payments in US dollars. We face this problem in securing the release of items already stuck at the port. We may be able to overcome this problem for future imports,” he said.

The importers had a meeting with the Finance Ministry yesterday and the day before in this regard.

Besides, he said a lot of paperwork remains to be done in this exercise even involving the Indian High Commission for approval of the suppliers.

Also, the spokesman said the prices of imported food commodities had increased at least by 30-40 percent due to the depreciation of the rupee value against the US dollar.

Dhal price has increased to 375-380 a kilo in the wholesale market. The prices of sugar, rice and spice varieties have also increased similarly “Imported rice prices range from Rs.130-160 a kilo,” he said. 

Power cuts of over 6 hours scheduled for today(24)

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Power cuts of 6 hours and 20 minutes for some areas in Sri Lanka and 5 hours for other areas were approved in two blocks for March 24 Thursday, Public Utilities Commission Chairman Janaka Ratnayake said as a forex crisis creates power shortages in the dry season.

Areas ABCDEFGHIJKL will have power cuts of 3 hours and 20 minutes from 0800am to 0600pm and 1 hour and 40 minutes from 600pm to 1100pm.

Areas PQRSTUVW will have power cuts of 4 hours from 30 minutes from 830am to 0530pm and 1 hour and 50 minutes from 0530pm to 1100pm.

A note for Ranil Wickremesinghe’s 73rd Birthday…

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Former Prime Minister Ranil Wickremesinghe’s 73rd birthday falls today (24). This note is for his 73rd birthday.

After a two-year hiatus, Ranil Wickremesinghe was able to draw the attention of the entire political audience to the country yesterday. He was the ‘political star’ or the ‘man of the match’ at yesterday’s All Party Conference.

Wickremesinghe in his fully channelled consciousness on what he was doing and with good forethought attended the conference and hit the arrow directly piercing the brains of the Governor of the Central Bank of Sri Lanka (CBSL), Ajith Nivard Cabraal and the Minister of Finance, Basil Rajapaksa.

Yesterday can be considered as an opportunity for Ranil to show his potential as an individual, even though the UNP has suffered the biggest setback in its history and won only one National List seat. In fact, the UNP suffered the same fate because of Ranil’s mistakes. However, despite all these mistakes, Ranil proved yesterday that he is a person who cannot be ignored in the political arena.

In fact, the gist of yesterday’s All-Party Conference was that it was only Ranil Wickremesinghe who came forward with a clear mind and maturity to face the current economic crisis, while others, of all things, are either blinded by power already bestowed upon them or chasing a power that lies in a future reality. Those of neither tendencies may have no idea what the crisis befallen the country actually is.

In the midst of all the drama, Ranil stood out with his vast experience.

Ranil has already proven to be a failed leader in organizing a political party and attracting people to a party. But it should not be an obstacle for the country to take advantage of his vast political experience and international relations. His uncanny experience in politics and the relationships of the aforesaid nature are invaluable to the country, especially at a time when the country is facing a critical crisis regarding its future.

Ranil of the Opposition and Ranil of Power

Another thing to be reminded of is that Ranil of the Opposition and Ranil of Power in our experience so far are completely two different individuals, two personas that contradict with each other resembling a Jekyll and Hyde scenario.

Ranil’s version of Power so far has gathered his inner circle and let them play the game their way to the point in which his consciousness and concern on the power seized so hard being swept away is null. This reminisces the famous Sri Lankan proverb of a man being ‘brainless in power and powerless in brains.’

Ranil, therefore, should learn to secure his enlightened brain in the Opposition in Power as well.

Two years ago we wrote to Ranil adding wishes to his birthday and asking him to retire from politics. Given the current situation, we will not write it this time.

We wish Ranil Wickremesinghe on his 73rd birthday and wish him all the best for the sake of the country.

Nonetheless, it should also be noted that we do not know how this crucial moment will end.

President Gotabhaya invites Tamil Diaspora to join to develop the North

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President Gotabhaya Rajapaksa has invited the Tamil Diaspora to invest in development activities in the Northern Province.

The President made this request when he called on the Assistant Secretary of State for Political Affairs of the United States Department of State Victoria Nuland who is on a visit to Sri Lanka yesterday (23).

Gotabhaya Rajapaksa briefed Nuland on the progress made at yesterday’s All Party Conference, its progress and the discussions to be held with the TNA on Friday.

Appreciating the move, the US Assistant Secretary of State pointed out the importance of holding talks with the Diaspora in Canada, the United States and European countries, and President Gotabhaya Rajapaksa has stated that he is keen to hold discussions with the Diaspora.

Following is a note posted on the President’s official Facebook page in this regard.

President Gotabhaya Rajapaksa’s new approach is a step forward in considering the situation facing the country over the decades and the efforts made to find a solution to it.

Import Licenses aggravate Sri Lanka’s Economic Crisis – Advocata

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367 goods determined as “non-essential” by the Ministry of Finance are allowed to import only by obtaining import license from the controller general of imports and exports control.

This move tightens already existing import restrictions on a series of imported goods ranging from electronic goods to fruits such as apples and oranges.

This policy change comes into effect in a market that is already facing acute shortages of essential goods. Imposing such a system of licensing will have a significant negative impact on an economy facing a severe crisis.

This step is the latest in an ever-tightening list of restrictions that have been imposed over the past two years. There is no evidence to suggest that this latest move will address the problem of the trade deficit any better than the previous policies in the same vein.

The authorities still seem to hope that an inflow from tourism will solve the balance of payments problem but current policies are threatening the long term sustainability of the export sector.

The proposed license regime will add to the costs of doing business. Net economic losses in the wider economy will increase as this restricts competition.

These economic inefficiencies will be transferred as costs that will have to be borne by consumers through higher prices, fewer jobs and reduced economic activity. This will add to the country’s economic woes and lead to new black markets and corruption.

The introduction of a licensing regime on imports has a negative impact on exports. This is due to some important items needed to produce exports need to be imported and because the profitability of import substitutes increases due to scarcity.

Advocata’s Academic Chair Dr. Sarath Rajapatirana comments that “Research done by Jagdish Bhagwati shows that a country’s trade strategy must be an export-oriented trade strategy. Implying equal incentives for export promotion as for import substitution”.

Therefore the current policy is counterintuitive. Investments will move away from exports to import substitutes and non-tradable goods sectors. Those who get import licenses will make high profits that will also induce what is called “rent-seeking”: A negative aspect of import licensing.

Import restrictions have caused market power to become concentrated among a few players in the supply of commodities such as tiles, rice, maize etc allowing them to enjoy supernormal profits, to the detriment of SME’s and consumers.

Costs of creating an import licensing regime include, losses in jobs as businesses will be put out of business, losses in output and misallocated resources.

The Advocata Institute calls for the immediate revocation of the policy decision. The government has taken some steps to address the macroeconomic imbalances, this needs to continue and be supported by comprehensive economic reform.

Macroeconomic reforms remain the key to addressing the foreign exchange crisis. Short term alternatives will further worsen economic conditions for both businesses and consumers alike.

With sound macro economic policy there will be no necessity for import controls. Advocata urges the government to eliminate import controls on consumer goods and if import restrictions are subject to some tariffs, apply the same rate to raw materials A lower rate tariffs on raw material will raise effective rate of protection and distort production and worsen shortages.

Existing import controls can jeopardize the future export potential of the country whilst significantly harming consumers.A large number of jobs will be lost as businesses are already experiencing the impact of shortages.Licensing creates a breeding ground for racketeering and corruption

UNP leader Ranil Wickremesinghe says the current crisis will continue for 5 years

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United National Party (UNP) leader and former Prime Minister Ranil Wickremesinghe fears the current crisis will continue for 5 years.

Speaking at the All Party Conference heldon Wednesday 23 , Wickremesinghe said that the two issues Sri Lanka is facing are to stabilize the economy in the next 2 years and to consolidate economic recovery.

“The reversal of economic policies has shaken the confidence between both the foreign and local investors.

This has resulted in many of our youth leaving the country. The only way to reverse the damage is if there is a consensus regarding the principles in relation to the country’s economic policy. Political parties must operate within this framework,” he said.

He said that the parties in Parliament must reach a national consensus on the short-term, medium term, and long-term policies for the country.

“This must be an open dialogue, where the Government should take the lead while the Opposition must be ready to respond.

To date we have not seen any transparency or commitment from the Government. They have failed to provide us with the relevant data nor have the tabled the full IMF report in Parliament,” Wickremesinghe said.

Wickremesinghe also said that the Central Bank and the Ministry of Finance must adhere to a single strategy and speak publicly in one voice