- Pandemic delays planned cabinet reshuffle to resolve issues
- Basil prepares 2022 Budget amidst economic, Covid challenges
- UNHRC trains its guns on PTA Deradicalisation Regulations
- Sri Lanka back in UNHRC crosshairs at 48th Session in September
While the people are dealing with crisis upon crisis, ranging from Covid-19 to economic desperation, the political arena was focused on an impending cabinet reshuffle.
It is no secret that the Government, led by President Gotabaya Rajapaksa and Prime Minister Mahinda Rajapaksa, is under immense pressure from many fronts and is straining to address the mounting crises.
However, the economic crisis and the Covid-19 pandemic are now intertwined, as the worsening economic conditions, especially in relation to the country’s foreign reserves, have compelled the Government to ignore the advice of health authorities and medical experts to either go for a lockdown or enforce strict travel conditions to control the spread of Covid.
The virus has now spread to every nook and corner of the country and the intensity of the issue is witnessed by the steady increase in the number of deaths due to Covid-19. Last week, the country witnessed the daily death toll going above the 150 mark.
Medical experts and associations have warned of dire consequences for the country if immediate measures are not taken to arrest the spread of the virus.
It is in this backdrop that several news reports last week revealed disparities in the number of Covid-19 cases released by the Government. The allegation was that the number of infected persons, released by the Government officially, was far less than the number that had been reported as having tested positive in the districts.
Janatha Vimukthi Peramuna (JVP) MP Sunil Handunnetti last week questioned the veracity of the data released by the Government and alleged manipulation.
Citing news reports of contradictory data reported by the Gampaha District, Handunnetti expressed doubts over the numbers released on the Covid dead.
According to Handunnetti, the contradiction in the data and information released by the Covid Task Force and the Provincial Directors of the Health Services was a serious matter.
Governing party ally, the National Freedom Front (NFF), led by Minister Wimal Weerawansa, also joined the bandwagon, crying foul over the alleged irregularities in the number of Covid cases.
Addressing a news briefing, NFF’s Mohammed Muzammil claimed that the number of detections of Covid patients was far higher than the number announced officially. He went on to point fingers at several state officials for the alleged manipulation of figures.
However, the Government last Friday (13) decided not send the country into lockdown, despite rumours of a weekend lockdown, but instead, to strictly enforce the Covid-19 health guidelines.
Although the Government refrained from announcing an official lockdown, many government institutions have once again reduced in-office staffing to levels seen during the previous lockdown period. Also, several key state institutions have closed until the end of the month after several staff members tested positive for Covid.
Even the Presidential Secretariat was subjected to restrictions last week with restrictions being imposed on the number of officials to arrive at the Secretariat.
A letter issued on Wednesday (11) to all department heads at the Presidential Secretariat by President’s Secretary Dr. P.B. Jayasundara had outlined the operations of the President’s Office under the prevailing Covid-19 situation in the country.
Nevertheless, the Government is still grappling with the uncertainty that prevails in the country due to the increasing Covid-19 cases and deaths, and the resulting negative impact on economic activities.
Economic crisis
While Covid-19 rages on in the country, the economic crisis continues to worsen with the Government and Central Bank of Sri Lanka in a standoff due to the foreign reserves issue.
It is learnt that the Finance Ministry has been pushing the Central Bank to release some essential US dollars for much-needed funds to be sent to Sri Lankan students studying overseas.
It is also learnt that State Minister Ajith Nivard Cabraal had in fact requested the Central Bank Governor to release some $ 200 million several weeks back to make allocations for funds to be sent to Sri Lankan students studying overseas.
The State Minister had explained to the Central Bank the need to look at the issue in a humane manner since most students studying overseas have even lost their part-time jobs due to the pandemic and were in need of funds sent by friends and family in Sri Lanka to pay rent and in some instances, even to feed themselves.
However, the Central Bank had explained the crisis situation with the reserves and its inability to release any more dollars after the $ 1 billion released late last month to meet the Government’s debt obligations.
It is following this issue that the Central Bank had officially written to the Finance Minister, claiming it was invoking Section 64 of the Monetary Law Act to protect the remaining reserves.
It is in this backdrop that Samagi Jana Balawegaya (SJB) MP Dr. Harsha de Silva last week called on the Government to learn from its mistakes and correct the policy failures.
According to de Silva, Sri Lanka is heading for a serious economic downfall and required $ 10 billion to stabilise the economy.
“If China was to help Sri Lanka, we would need a minimum of $ 10 billion to stabilise the economy at the current rate it is at. When China helped Zambia, Zambia could not repay China. In turn, China asked for the gold, silver, cobalt, and copper mines in return,” the MP, who is also an economist, said.
“As of 31 July, our national reserves have dropped to $ 2.8 billion. If you don’t count the gold reserves, national reserves drop to $ 2.35 billion. We only have reserves to trade for 1.6 months. I tell the Government, don’t make it worse for the public by being stubborn about the policies you brought in. Everyone makes mistakes. The Government must correct their mistakes,” he said at a press conference.
Dr. de Silva further noted that the economic crisis was a long-term issue and that the Opposition was ready to offer any assistance to remedy the situation.
However, the Government maintains that the country’s foreign reserves would receive over $ 2 billion in the next few months through impending swap deals, loans, and other foreign financial upgrades.
Accordingly, the inflows expected by the Government are swaps from India ($ 400 million) and Bangladesh ($ 250 million), a loan from China Development Bank ($ 350 million), Special Drawing Rights (SDR) allocation from the International Monetary Fund (IMF) ($ 800 million), Central Bank purchases from the forex market in the upcoming months ($ 200 million), inflow from the International Sovereign Bonds (ISBs) held by local banks ($ 300 million), and expected inflows from the utilisation of under-utilised assets ($ 400 million).
Nevertheless, it is learnt that several swap deals are yet to be finalised despite agreements having been reached in principle.
It is pertinent to note that the Government will have a hard path to traverse even if additional funds flow into the country’s foreign reserves, given the massive fuel bills that are now piling up.
Given that Sri Lanka imports a wide range of fuels from crude to petrol 92, petrol 95, diesel, super diesel, marine fuel, etc., the country usually receives between six to eight fuel shipments every month.
The country, for the month of August, has so far received three fuel shipments on six months’ credit.
Therefore, given the credit notes on fuel shipments gathering every month, the Government would also be faced with difficulties in meeting the current credit notes in the coming months.
The Ceylon Petroleum Corporation (CPC) is currently engaged in evaluating unsolicited proposals received by 23 entities to refinance dollar loans aimed at settling CPC’s debt to the two state banks – Bank of Ceylon and People’s Bank.
Basil’s plea
Meanwhile, engaged in preparing proposals for the 2022 Budget, Finance Minister Rajapaksa last Friday (13) met all government state ministers.
During the discussion, Basil had outlined the need to understand the present economic crisis in the country when preparing proposals for next year's budget.
He had said that while priority needs to be given to policies implemented under the “Vistas of Prosperity and Splendour” national policy framework, the Government has to be very mindful of its expenditure and minimise new spending whatever the other consequences.
He had further explained that out of the annual government revenue, 80% is spent on salaries, pensions, and other worker compensation, leaving barely 20% for other government work.
Therefore, the state ministers were asked to make requests only for the essential work and to look at other funding sources for projects.
Accordingly, Basil had said to pay attention to attracting foreign investments and other foreign funding like loans.
Also, last week, Prime Minister Rajapaksa and Finance Minister Rajapaksa met with backbench MPs of the governing SLPP.
The meeting was convened at Temple Trees last Wednesday (11).
The discussion had focused on the 2022 Budget proposals, and the Premier, along with the Finance Minister, had sought proposals from the backbench parliamentarians to be included in the next budget.
Basil had asked the MPs to present proposals on several levels for the 2022 Budget – village, divisional, and district level, as well as national level. The MPs were also asked for proposals, if any, to be included in the national economic policy.
After listening to the Finance Minister, the MPs had made proposals covering several sectors ranging from organic agriculture, increasing export production, getting rural participation in the industrial and services sectors, uplifting the tourism industry and traditional manufacturers, as well as the development of other industries.
After noting the proposals presented by the backbench MPs, Basil had explained his intention of holding a consultation process with stakeholders of various economic sectors in the country in order to get their contributions when preparing the 2022 Budget.
He had added that such consultations conducted prior to the annual budget preparations by Prime Minister Rajapaksa during his tenure as the President and Finance Minister, had proven to be fruitful and yielded positive results.
However, even while balancing the Covid-19 health regulations, the Finance Ministry is currently in the process of initiating necessary steps to formulate the budget proposals for 2022.
Next year’s budget proposals would have to focus on increasing earnings and minimising expenditure in order to address the present economic crisis.
However, this would not be an easy task for the Government that is under pressure from many sectors demanding salary increases and solutions to long-standing salary anomalies.
No solution
On the issue of low finances, the Government is yet to find a solution to address the demands of the striking principals and teachers. The strike action that has now lasted for over a month, shows no signs of easing up any time soon.
The education sector trade unions this time, have dug their heels in and are adamant to hold on until the Government resolves their grievances, including the long-standing salary anomalies.
Despite many rounds of discussions with the trade unionists and by the Cabinet of Ministers, the Government, due to the ongoing economic crisis, is unable to propose a solution to the striking principals and teachers.
Last week’s cabinet meeting was held via Zoom, since the Presidential Secretariat is in “essential work only” mode with limited staff.
The meeting had discussed the ongoing education sector crisis for over one hour. All ministers had explained the adverse impact the prolonged strike action has had on the school education system.
After discussing for over an hour, the Cabinet Ministers came to the same conclusion as during the previous weeks – the Government cannot afford any additional expenditure.
It was decided that addressing the demand of the striking education sector members would cost an additional Rs. 67 billion to the state coffers, which the Government is unable to afford at this juncture.
However, the Cabinet had decided to await the report by the committee appointed to study the issue to submit its observations and recommendations.
Cabinet reshuffle
Amidst the mounting crises, the President decided to go for a cabinet reshuffle. However, the burgeoning Covid-19 pandemic in the country resulted in the postponement of the reshuffle.
The latest cabinet reshuffle was to be held last Monday (9). However, with Covid-19 affecting the Presidential Secretariat and several cabinet ministers being in self-quarantine, the event had to be postponed with a date yet to be fixed for the reshuffle.
The portfolios that were to be changed include health, education, foreign affairs, tourism, power, mass media, and plantations. Once of the main reasons for the reshuffle was the long-standing issues faced by several key sectors that have not been addressed by the incumbent ministers.
Plantations Minister Dr. Ramesh Pathirana was tipped to be appointed to the health portfolio. However, last-minute interventions by government seniors led to a decision to retain Health Minister Pavithra Wanniarachchi. Nevertheless, it is learnt that a final decision has not yet been reached on changes to the health portfolio.
Media Minister Keheliya Rambukwella is to be assigned the plantations portfolio while Power Minister Dullas Alahapperuma is to be assigned the media portfolio. Tourism Minister Prasanna Ranatunga is to be appointed to the education portfolio while Foreign Minister Dinesh Gunawardena is to be assigned the higher education portfolio. Incumbent Education Minister Prof. G.L. Peiris is to be appointed as the new Minister for Foreign Affairs.
However, a final decision is yet to be made on the new tourism minister, as the President is looking at assigning the portfolio to a state minister. In fact, the nominee for the tourism portfolio was to be finalised last Sunday (8). However, the delay in the reshuffle has now resulted in a delay in announcing the name of the new tourism minister.
It is not lost on the Government that a promotion to one state minister would create additional issues to the powers that be, since there were quite a few state ministers awaiting recognition and promotion.
According to government sources, the postponed cabinet reshuffle is likely to take place this week.
SL gets priority at UNHRC
Come September, Sri Lanka will once again be in the spotlight in the international arena when the country is taken up for discussion on the opening day of the 48th Session of the UN Human Rights Council (UNHRC) in September.
The draft programme of work shows the session is scheduled to commence on 13 September and has listed Sri Lanka on the agenda on the opening day itself.
UN High Commissioner for Human Rights Michelle Bachelet is to present an oral update on Sri Lanka during the session. Member and observer nations at the UNHRC will later make comments on the update while Sri Lanka will also present a right to reply.
Bachelet told the UNHRC sessions in February that by repeatedly failing to advance accountability for past human rights violations committed, and by withdrawing its support for the Council’s Resolution 30/1 and related measures, the Government of Sri Lanka has largely closed the door on the possibility of genuine progress to end impunity through a national process.
Meanwhile, the Government has expressed confidence in facing the upcoming UNHRC sessions next month.
“The Foreign Affairs Ministry, together with the Ambassadors, have held discussions in this regard. We remain steadfast as a country,” Rambukwella told the cabinet news conference last week.
He further noted that the Government would take steps to inform the Council of the real situation in the country and will also raise concerns over the highlighting of factors and concerns unrelated to the issues being discussed.
Focus on PTA regulations
It is in such a backdrop that a group of special rapporteurs of the UNHRC last week raised concerns over the proposed adoption and implementation of a recent regulation, titled Prevention of Terrorism (deradicalisation from holding violent extremist religious ideology) Regulations, No. 1 of 2021.
“We have the honour to address you in our capacities as Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Working Group on Arbitrary Detention; Working Group on Enforced or Involuntary Disappearances; Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Special Rapporteur on minority issues; Special Rapporteur on freedom of religion or belief; and Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment, pursuant to Human Rights Council resolutions 40/16, 42/22. 45/3, 43/4, 43/8, 40/10, and 43/20.
“In this connection, we would like to raise our concerns about the adoption and implementation of a recent regulation, titled ‘Prevention of Terrorism (deradicalisation from holding violent extremist religious ideology) Regulations No. 1 of 2021’ (hereinafter 'Regulation’) under Section 27 of the Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 as amended by Act No. 10 of 1982 (hereinafter PTA), published in the Gazette Extraordinary No. 2218/68 on 12 March 2021. In this regard, we wish to express our serious concern and to encourage the rescission of the Regulation because its provisions are contrary to Sri Lanka's international legal obligations.
“This new Regulation expands upon provisions of concern found in the PTA. The human rights challenges of the PTA and the International Covenant on Civil and Political Rights Act of 2007 (hereinafter 2007 ICCPR) were the subject of previous communications sent to your Excellency’s Government on 26 October 2018 (LICA 5/2018) and on 26 February 2019 (LKA 12019). We regret that, to date, we have not received responses regarding those communications. Moreover, despite our observations on the legislative proposals being advanced by your Excellency's Government and on some provisions of the new draft Counter Terrorism Act (hereinafter ‘CTR’), published in the Gazette Extraordinary dated 17 September 2018, it appears that the advice on human rights compliance has not been addressed in the new Regulation. Following their visits to Sri Lanka, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, the Working Group on Arbitrary Detention and the Working Group on Enforced or Involuntary Disappearances made several recommendations to your Excellency’s Government with regard to corrective or remedial measures that they deemed ought to be taken in relation to the PTA. We regret that these remedial measures have not been adopted, and rather that an additional set of rights-denying measures are being advanced by this Regulation, further undermining the protection of human rights in Sri Lanka,” the special mandate holders had noted.
The special rapporteurs had also reminded the Government that although there is no agreement on a multilateral treaty on terrorism which inter alia defines terrorism, states should ensure that counterterrorism legislation is limited to criminalising conduct which is properly and precisely defined on the basis of the provisions of international counterterrorism instruments and is strictly guided by the principles of legality, necessity, and proportionality.
“The definition of terrorism in national legislation should be guided by the definition found in Security Council Resolution 1566 (2004) and also by the Declaration on Measures to Eliminate International Terrorism and the Declaration to Supplement the 1994 Declaration on Measures to Eliminate International Terrorism, which were approved by the General Assembly. Counterterrorism legislation should be in compliance with human rights obligations, protection of due process, and in line with the international prohibition against arbitrary detention,” they had noted.
The report has finally observed that the regulation risks jeopardising the rights and liberties of persons who may be detained arbitrarily, especially religious and ethnic minorities, and may curtail political dissent with no effective due process guarantees. With the lack of judicial oversight and effective due process standards, the regulation creates institutional contexts where misuse can occur.
It has been noted that two fundamental rights petitions challenging the legality of the regulations were recently heard in front of the Supreme Court of Sri Lanka and that an interim order has been issued staying the operation of the regulation until 24 August 2021, when a hearing will determine whether the petitioners will be granted leave to proceed.
“We urge your Excellency’s Government to immediately commence with a thorough examination of the Regulation with a view to rescission to ensure that human rights are not further eroded under the auspices of countering terrorism. Further, we recommend repeal of the PTA and an immediate moratorium on its use,” the rapporteurs had noted.
The special rapporteurs have further sought additional information on the allegations mentioned in the report.
- Please provide information in detail, of how the counterterrorism efforts of Your Excellency's Government comply with the United Nations Security Council resolutions 1373 (2001), 1456 (2003), 1566 (2004), 1624 (2005), 2178 (2014), 2242 (2015), 2341 (2017), 2354 (2017), 2368 (2017), 2370 (2017), 2395 (2017), and 2396 (2017) as well as Human Rights Council Solution 35/34 and General Assembly Resolutions 49/60, 51/210, 72/123, and 72/180 in particular with international human rights law requirements of same
- Please provide information on the reasons for the extensive scope of this Regulation and how your Excellency's Government considers that it respects the principles of precision and legal certainty set in the ICCPR
- Please explain why a period of 24 hours has been set before a person held in custody will have his or her family or legal representatives made aware of their deprivation of liberty and how this is compatible with your Excellency's Government's obligations under the ICPEED and the 1992 Declaration
- Please provide information on the guarantees to not resort to gender, religious, or ethnic profiling and to ensure that journalists, humanitarians, human rights defenders, persons belonging to religious or ethnic minorities, or other individuals willing to express their belief or religion peacefully will not be targeted and hindered by the application of this Regulation
- Please also provide explanations as to the requirement and evidentiary basis needed for the Attorney General to decide to place someone in a Reintegration Centre in lieu of instituting criminal proceedings against him
- Please provide information on the rehabilitation trainings, what kind of programmes and assistance would be given to the detainees, and what monitoring mechanisms would be put in place to guarantee the respect of their fundamental rights