• Out with the old, in with the … old

    "On one hand, they abolished the emergency laws to satisfy the international community, while on the other hand, they bring in new regulations to the PTA, which itself is a draconian law. We oppose this move. We have always been calling to abolish the PTA, too."

    "What's the use of abolishing emergency laws if they include the same tough laws in the PTA? This will not help to strengthen democracy at all."

    - Suresh Premachandran, senior leader of the Tamil National Alliance, referring to Sri Lanka's extensions to the Prevention of Terrorism Act (PTA).

    See the report by the Associated Press here.

    “The evidence suggests that Mr Rajapaksa is not fond of relinquishing power. … With so much left murky, the worry is that the president will sneak in through the back door what he shoved out of the front.”

    - The Economist. See the report, written between the lifting of the old regulations and the introduction of the new ones, here.

  • India and China key to Sri Lanka’s tourism industry – bank study

    A report by Sri Lankan bank Capital Alliance has said that India and China would likely be the source of the majority of tourist arrivals in the coming years.

    Arrivals from Western Europe are expected to taper off with a decreasing rate of growth. The report pointed out that the financial crisis does not seem to have had an impact on tourists travelling abroad from Europe.

    India, already the largest tourist market for the island, is projected to increase their number of visitors 6 times to 750,000 compared to the 187,000 expected to have visited Sri Lanka by the end of this year.

    Chinese tourists are mentioned as a ‘wild-card’, with vast potential for Sri Lanka to attract more visitors from the increasingly wealthy middle class.

    Government plans for increased investment in casinos and shopping centres are said to give Sri Lanka an advantage against neighbouring countries, the report adds.

    See report by Sri Lanka’s Financial Times here.

  • Sikh students oppose execution

    In a written statement released today, the National President of the Sikh Students Federation of India, Parmjeet Singh Gazi, called for a cancellation of the death sentence issued to Murugan, Santhan and Perarivalan.

    “We have three points of concern in this regard; first, the execution would amount to “cruel, inhuman and degrading punishment” prohibited under Universal Declaration of Human Rights (1948) as accused were put on death row for more than a decade.

    Secondly, the executions would break the de facto moratorium observed by the Indian state for past seven years as no execution is carried since 2004.

    Thirdly these executions are opposed to global trends of abolition of death penalty”.

    Prolonged and inordinate delay in execution, per se, is a ground for cancellation of death sentence in India

    See also our earlier post Renewed calls against death sentences in Rajiv Gandhi cases

  • Rupee under pressure as trade deficit widens

    Sri Lanka’s trade deficit in the first half of 2011 widened 62.7 percent to $4.25 billion.

    See The Island's report here.

    Export earnings grew 35 percent to $ 5.06 billion, but imports grew faster at 46 percent to $9.3 billon.

    Expatriates' remittances ($2.5bn) were greater than earnings from garments ($2 bn).

    The widening deficit is putting severe pressure on the rupee to depreciate, but the Central Bank is intervening to prop it up.

    See The Island’s report here.

    In July the Central Bank spent $413 million to prop up the rupee – the same amount of foreign direct investment up to end-July this year.  

  • Sri Lanka replaces lifted powers for military

    Sri Lanka's military dominates life in the Tamil areas of the island. The government on Wednesday restored draconian powers lifted amid much publicity last week. Photo AFP.

    Sri Lanka put in place tough new regulations under the Prevention of Terrorism Act, even as the near identitical Emergency Regulations ended.

    The new laws have been introduced under the PTA, allowing the authorities to maintain the militarised high-security zones in the Tamil parts of island.

    High security zones (HSZ) are swathes of residential areas occupied by the military during past offensives and converted into permanent encampments, displacing tens of thousands of families from their homes.

    The latest move by Colombo will continue to block any resettling of displaced Tamil civilians.

    The new regulations will also allow the authorities to continue to hold thousands of Tamils in custody without charge.

    Warrantless arrests and searches are set to continue under these new regulations, which are seen as a temporary measure until a more permanent ‘Emergency Consequential Provisional Bill’ is enacted in Parliament.

    See Reuters report here.

    According analyst Jehan Perera, the lifting of the Emergency powers should have meant the people's "freedom to engage in public political activity will be enhanced."

    "The military can't play a role in keeping law and order and military check points will not be possible," he said adding that the military will also have to keep away from civil administration in the former war zones in the north.

    The new powers accorded the military this week means these will not happen.

    Defending the new powers, Sri Lanka Attorney General Mohan Peiris told reporters,

    “We will leave no room for de-proscription of the LTTE and the invalidation of the High Security Zones."

    Also, we need these new regulations to deal with LTTE surrenders and detainees. There will not be any respite in this case, though the emergency lapses."

    See the Daily Mirror's report here.

    The PTA itself has been heavy criticised by international human rights organisations for it allows the security forces  to hold prisoners indefinitely without charge and provides them with impunity for rights violations, including torture of detainees.

    After its introduction as a 'temporary' law in 1979, the Prevention of Terrorism Act has been permanently in place since 1981.

    The Emergency Regulations have also been in place for three decades, before being lifted with much fanfare last week - just weeks before the UN Human Rights Council is to meet in Geneva.

    Sri Lanka is sending a delegation to defend the regime against growing accusations of mass killings of Tamil civilians during the final months of the war in 2009.

  • Execution stayed

    The Madras High Court stayed the execution of the three Tamils sentenced to death for their alleged part in the assassination of Rajiv Gandhi on Tuesday.

    The execution was due to take place on the 9th September.

    The interim stay of 8 weeks was announced in order to give time for consideration of petitions submitted by the three accused - Perarivalan, Santhan and Murugan.

    The petitioners' main contention was that the 11 year and 4 months delay as well as the 20 year incarceration, made a subsequent death sentence “unduly harsh and excessive" and "unjust and inhuman". Further it amounted to a violation of their right to life under Article 21 of the Constitution.

    See articles by The Hindu and Hindustan Times for further details.

    The stay order came as the Tamil Nadu State Assembly passed an unanimous resolution calling on the President to reconsider the clemency appeals of the 3 accused. The reoslution was moved by Chief Minister Jayalalithaa.

  • Only President can grant clemency

    Tamil Nadu chief minister, Jayalalithaa, stated Monday that India's President alone had the power to grant clemency to the 3 Tamils, sentenced to death for their alleged part in the assassination of Rajiv Gandhi.

    Responding to the growing calls from across the political spectrum urging the chief minister to intervene, Jayalalithaa rejected the notion that Article 161 of the Indian constitution gave any such powers to the State government or chief minister.

    "I don't have any power to alter the Presidential order rejecting the mercy petitions of the three -- Murugan, Perarivalan and Santhan, " she told the Tamil Nadu Assembly.

    Quoting directly from a Home Ministry directive, Jayalalithaa stated:

    "However, if there is a change of circumstances or if any new material is available, the condemned person himself or anyone on his behalf may make a fresh application to the President for reconsideration of the earlier order."

    "Once the President has rejected a mercy petition, all future applications in this behalf should be addressed to and would be dealt with by the President."

    Jayalalithaa's remarks come at a time of increasing grassroots activism within the state of Tamil Nadu, against the execution of the three accused.

    A young Tamil woman, Senkodi aged 27, immolated herself on Monday, outside a government office in Kanchipuram. She died on the way to hospital. In a letter Senkodi expressed hope that her death may save the three on death row and urged Jayalalithaa to intervene.

    The 3 Tamils are scheduled to be hanged on 9th September 2011, amidst worldwide outrage at India's use of the death penalty and longstanding concerns at the reliability and justice surrounding the trial and investigation of the three accused.

    See 'Renewed calls against death sentences in Rajiv Gandhi case'

    See online petition.

  • JHU's Sri Lanka

    Speaking at the JHU's 8th party convention, general secretary Champika Ranawaka urged the party to develop a Sri Lanka that will 'suit our culture [and] people'.

    Referring to 'certain forces' attempting to take Sri Lanka into a 'dark future' through forceful constitutional changes and a 'mental operation' against the government, he rallied JHU members to 'protect the peace we gained'.

    Extracts from Ranawaka's address:

    We have to protect the peace we gained and protect dignity while developing and leading the country into the future. We should develop the country that will suit our culture, people, religions and respective races. We do not need to follow another Asian country

    "Some want to take away camps of law enforcement agencies from the North and Eastern Provinces."

    To bring the country back to a dark future some are engaged in a mental operation against the government. Necessary answers will be given to those who spread such base less rumours."

    The JHU (Jathika Hela Urumaya) is a constituent party of Sri Lanka's governing United People's Freedom Alliance (UPFA).

    The ultra-nationalist party was formed by Sinhala Buddhist monks in 2004.

    Ranawaka is the regime's Power and Energy Minister.

  • On justice for war crimes

    “As long as [war crimes perpetrators] are alive – however old they are, however long ago their crimes were committed – justice would seem to be served by punishment.

    Reconciliations and amnesties are a postponement of justice in the hope that the victims' relatives will die off and their descendants will lose all interest in the outrages of the past. Unlikely. Who now remembers the Armenians, Hitler asked? Millions of people, is my reply.”

    Robert Fisk, senior foreign correspondent. See his comment in The Independent.

    Dr. Fisk holds more British and International Journalism awards than any other foreign correspondent, and a PhD in Political Science. He has reported widely on international affairs for several decades, especially on the Middle East where he has lived for thirty years.

  • How commuting death sentences is in Tamil Nadu's power

    The Chief Minister of Tamil Nadu, J. Jayalalitha, recently stated that she does not have the power to commute the death sentences on three people for their alleged roles in the assassination of former Premier Rajiv Gandhi.

    Technically, it is the Governor of Tamil Nadu who has this power. But the Tamil Nadu council of ministers can so advice the Governor. 

    On April 25, 2000, then Governor, Fathima Beevi, ordered the commutation to life of the death sentence given to Nalini, also in the Rajiv Gandhi case. (She rejected the mercy petitions of the other three.)

    It was the advice of the Tamil Nadu government that formed the legal basis for her decision.

    See the Madras High court document here. Para 3 states:

    “Mrs. Nalini made an application for clemency to the Governor of Tamil Nadu and same was rejected by the Governor of Tamil Nadu. Challenging the said order, Mrs. Nalini filed a writ petition before [Madras High Court]. [On] 25.11.1999, this Court set aside the order of the Governor and remanded the matter back for fresh consideration.

    Thereafter, the Council of Ministers, Government of Tamil Nadu, advised the Governor to commute the death sentence of Mrs. Nalini into one of life imprisonment. On accepting the said advice of the Council of Ministers, the Governor of Tamil Nadu commuted the death sentence into one of life imprisonment [on] 24.04.2000. And from 25.04.2000 onwards, Mrs.Nalini was converted as a life convict and she has been continuously lodged in the Special Prison for Women at Vellore.”

    According to Chief Minister Jayalalitha, "The Central government has made it clear that the state government cannot ask the Governor to consider any mercy petition after the President of India has rejected it."

    The President, Smt. Pratibha Devisingh Patil, rejected the mercy pleas of the other three in early August.

    On Monday, the three moved the Madras high court challenging the rejection of their clemency pleas by the President. (See report by Times of India here)

  • US believed China bribed way to Hambantota contract
    A cable from the US embassy in Colombo last year, revealed how officials believed China bribed senior Sri Lankan government figures, possibly including President Mahinda Rajapakse himself, to win building contracts in Hambantota.

    The
    leaked cable went on to cast doubts on the long term viability of the city to attract investment.

    See full text from Wikileaks
    here.
     

    Sent by Deputy Chief of Mission Valerie Fowler, entitled “Hambantota Port Complex: Will Sri Lanka realize the dream?” the cable said,
    "It is likely that corruption and political patronage are significant factors playing into the focus on Hambantota.  Often when Chinese companies win contracts, their success is due in part on their widespread distribution of graft to senior Sri Lankan government officials."
    "While it is currently unknown to what extent President Mahinda Rajapaksa is involved in Hambantota development, it seems logical that his hand is also out when commercial enterprises, especially the Chinese, jockey for contracts and projects."
    Hambantota, President Rajapakse’s hometown, is currently bidding to host the 2018 Commonwealth Games. The bid is being led by the President's son, Namal Rajapakse.

    Doubts over long-term prospects

    In the message to Washington, the embassy went on to say that,

    “When the GSL master plan is completed, Hambantota will have a new seaport, international airport, rail links, roads, and local infrastructure. Despite this, there are no near-term prospects for significant commercial investment. The 'international' airport will only be used for charter flights given that there is little domestic airline presence and no international interest in using the airport for either passenger or cargo traffic.”
    They further noted,
    “There seems to be a disconnect between the level of development and the, as yet, lack of long-term commercial-investment interest in the area. Hambantota may very well succeed in building a city with an airport and seaport that do not live up to their potential and local infrastructure that benefits average citizens but does not spark a local economic boom.”
    Why Hambantota?

    The question over why Hambantota was chosen for development was also raised by the US embassy.

    “Hambantota is located in the rural south, far from Colombo, there are no significant industrial industries nearby, so at least initially Hambantota will not benefit from local exports and imports.”
    “Greater Hambantota, however, is President Rajapaksa's home region and political base, and this may play prominently in the drive to develop the region.”
    As noted in our earlier post “Chinese firm to develop Colombo port amid sweeteners for Hambantota”, Sri Lanka has recently offered tariff concessions to shippers to shippers and liners to divert to Hambantota from Colombo, and has also planned to shift vehicle imports there.

    Chinese involvement


    China has so far lent Sri Lanka combined $1.24 billion, 85% of the total cost, to build the port and a 4 million metric tonne fuel bunkering facility, all of it built by Chinese workers.


    As the US embassy noted, Chinese diplomants have said that workers on the port have been working “twelve hour shifts six days per week, and they generally work through local and Chinese holidays.”


    China’s involvement has also been noted by Hambantota’s rival to host the Commonwealth Games, the Australian Gold Coast.

    Ron Clarke, mayor of the Gold Coast said,
    "We're respecting their bid - there's always that question about what does that Chinese investment mean for the bid, but no-one has the answers to those questions".
    See our earlier posts:

    Who benefits from Chinese loans to Sri Lanka? (Nov 2010)

    Trends in China - Sri Lanka ties (Aug 2011)
  • Sri Lanka-India venture in $200m hotel-apartment build

    Sri Lanka’s Rank Holdings, a group which has interests in gaming, power and logistics, is planning a $200 million hotel and residential complex in Colombo with an Indian partner.

    See SANA’s report here.

    A 5-star hotel and 171 apartments would be part of the mixed development on a 2.5 acre property leased from the state.

    The area has been earmarked for leisure and entertainment development by Sri Lanka’s urban development authority (UDA), part of the Ministry of Defence.

    Construction is expected to begin in November. Funding would be borrowed from foreign banks and put in by Rank Holdings and its Indian partner.

  • Sri Lankan Army war criminal apprehended in Florida
    A Sri Lankan Army sergeant involved in the torture and murder of civilians, as well as the construction of mass graves, has been apprehended by US authorities after being named by the Canada's Border Services as a suspected war criminal.

    Illandaridevage Kulatunga was named in a list of 30 suspected war criminals that were thought to have entered Canada illegally.

    The National Post said in a 2004 article that Kulatunga was directly involved in the arrest, torture and murder of innocent civilians
    as part of the Sri Lankan Army in the 1990s.

    It was also noted that Kulatunga and his fellow soldiers then dug mass graves in order to destroy evidence of their crimes.

    He is now set to be deported back to Sri Lanka, a decision that has been criticised by human rights group Amnesty International, who have called for all those on the list to face prosecution rather than deportation.

      Amnesty spokesman John Tackaberry
    said:
    “Serious human rights violators should be brought to justice, we should ensure they face the consequences of their actions. These are very serious charges."

    "You can’t get worse than war crimes or crimes against humanity.”


    Having arrived in Canada in 1994 for the Commonwealth Games as part of the Sri Lankan boxing squad, Kulatunga disappeared having been knocked out in his very first match. He later re-emerged and applied for refugee status, but soon went astray again.

    His name was then published in a list of 30 suspects who have “violated human or international rights under the Crimes Against Humanity and War Crimes Act or under international law”.

    Luc Portelance, President of the Canadian Border Services Agency, said that although they rarely name alleged war criminals, “the necessity of apprehension is acute.”

    He went on to say,
    "it is therefore extremely important that those who have lied to us, who have snuck into the country without declaring their complicity in such crimes be rounded up and kicked out of Canada."
    "They do not belong in this country of peace and respect for human rights."
    Public safety minister Vic Toews also commeneted on the issue saying,
    "Our message is clear: those who are active or complicit in war crimes and crimes against humanity can no longer hide in the shadows."
    Kulatunga is currently in custody at the Broward Transitional Center in Florida for violating US immigration laws, where he is awaiting deportation to Sri Lanka.

    The move to deport alleged war criminals rather than to prosecute them has provoked criticism from Amnesty International, who argued that
    “[I]f they are just deported they may not face any further investigation or criminal charges.”
    "Amnesty International strongly supports efforts to bring them to justice through criminal law rather than immigration enforcement measures. They should be extradited to face justice not deported."
  • US warns again on international action

    Commenting on Sri Lanka's planned lifting of emergency laws, US State Department spokesperson, Victoria Nuland, warned Sri Lanka to make further progress on human rights and humanitarian law: 

    "We continue to urge the government of Sri Lanka to meet its international humanitarian law and international human rights law obligations."

    "And we continue to say that if they cannot do this nationally, then the international community will have to step in. Bob Blake will be talking about all these issues on his visit."

    Robert Blake, US assistance secretary of state for South and Central Asian Affairs, will be visiting Sri Lanka from 29-31 August. Nuland confirmed that as part of his visit, he will be travelling to Jaffna.

    Ms. Nuland's most recent remarks come after her statement earlier this month, where she asserted the United States wants the Sri Lankan government "to establish the kind of accountable system that its people can have confidence in."

    "If that does not happen and does not happen expeditiously, then we reserve the right to discuss international mechanisms," she added.

     

  • On the economy

    Comments to The Island newspaper (see reports on Friday here and here):

    "The economy is being driven by the government. The state is a major player in the economy and as a result the country is accumulating debt, mainly from China who are funding major development projects in the face of low foreign direct investment.

    "Having economic freedom means that there should be more private sector involvement in development activities."

    Dr. Harsha De Silva, economist and opposition MP.

    "Our FDI performance has not been all that great, at US$ 413 million for the first six months, and lifting emergency regulations would help but only if governance, transparency and fairness are improved as well, where everyone plays with a straight bat on a level playing field.

    "The Central Bank has gone out of its way by trying to improve the ease of doing business, but there is a long way to go."

    senior banker, speaking on condition of anonymity.

    "Investors only care about the yield curves, exchange rates and political stability and lifting emergency regulations will not have an immediate impact, although one could say it is a part and parcel of political stability.

    "Of course in the long run, there would be some boost for FDI inflows and this would be manifest perhaps a year or two from now."

    - currency dealer, unnamed.

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