Deals pertaining to Sri Lanka’s ports-related projects caused much controversy in the recent past, and when one issue gets resolved, another emerges. However, some issues, such as the Colombo Port City project, have a multitude of angles that need attention, apart from the economic aspects.
This is what happened when it came to the Colombo Port City Economic Commission Bill, and among many other allegations, its constitutionality was challenged by almost 20 parties. Pronouncing its special determination of these petitions against the Bill and the intervenient petitions in favour of it, the Supreme Court (SC), on 18 May, said that a number of clauses of the Bill were inconsistent with the Constitution, and that therefore, for the Bill to be passed, either a two-thirds majority in Parliament and a referendum was required, or the said clauses needed to be amended.
While the SC’s special determination attracted the attention of many, both those who backed the Bill and the parties who opposed it seem to agree on one thing, i.e. the drafting of the Bill should have been done more carefully. Also, members of the Government said that the Government is willing to amend the clauses in question.
The country’s apex court has now delivered its special determination on the much-debated Bill, and a number of amendments are to be made in the coming weeks. However, if implemented properly, the SC’s special determination could put an end to some of the concerns raised by those who opposed the Bill. Of the things they feared, one of the biggest concerns was losing the country’s sovereignty and the full control of the Port City due to China’s involvement and influence pertaining to the project. The core of this concern was the composition and powers of the Port City Economic Commission, the main entity which is to be vested with the powers to manage and oversee the operations of the Port City once the Bill is passed. However, alleviating this fear, the SC determined that the majority of the members of the said Commission should be Sri Lankan nationals, and that the powers of the Parliament concerning control and oversight over public finance and sovereignty cannot be delegated or arrogated.
However, what the SC can do is limited, and it can act only within a specific legal framework, most of the time based on the nature of the assistance sought from it. In this case, most petitioners needed the SC to assess the constitutionality of the Bill, and that is what the SC did. We would be fooling ourselves if we think that the Port City issue is over. Yes, while the controversy is almost over thanks to the SC, the responsibilities have increased.
Making profits out of this project, leaving no room for corruption and crimes, attracting investors, and ensuring that Sri Lankans benefit equally from this, are the challenges that lie ahead of us. First and foremost, making the amendments recommended by the SC in accordance with the provisions of the Constitution is necessary.
The reality is that the Port City was never a bad project, nor was it unnecessary. In fact, in a context where Sri Lanka is struggling to save itself from the foreign debt mountain and revive the collapsing economy, a project of this nature is more necessary than before.
Also, it is the general understating that projects of this nature and magnitude, especially one that is unarguably going to be a turning point which some even say is a first step in “turning Sri Lanka into a Singapore” should have a closer relationship with the public who are not familiar with the economic jargon. Perhaps, the Government could have garnered more support from the public and other groups such as trade unions, had it taken steps to raise awareness among the public about the benefits, particularly employment and investment opportunities for Sri Lankan nationals and the economic benefit from it to Sri Lanka as a whole, and not a privileged segment of society.
The SC’s special determination is a second chance for the authorities to take several steps to ensure that Port City becomes a successful project, both economically and socially. In order to do that, implementing the recommendations of the SC to make sure that the Bill is in line with the Constitution as well as initiating a more in-depth discussion with the public and concerned local groups about how the Port City does not jeopardise Sri Lanka’s sovereignty and autonomy, are both important.
The rest is in the hands of the Government and other stakeholders involved in the Port City project.Port City and path ahead
20 May 2021
Port City and path ahead
20 May 2021
Deals pertaining to Sri Lanka’s ports-related projects caused much controversy in the recent past, and when one issue gets resolved, another emerges. However, some issues, such as the Colombo Port City project, have a multitude of angles that need attention, apart from the economic aspects.
This is what happened when it came to the Colombo Port City Economic Commission Bill, and among many other allegations, its constitutionality was challenged by almost 20 parties. Pronouncing its special determination of these petitions against the Bill and the intervenient petitions in favour of it, the Supreme Court (SC), on 18 May, said that a number of clauses of the Bill were inconsistent with the Constitution, and that therefore, for the Bill to be passed, either a two-thirds majority in Parliament and a referendum was required, or the said clauses needed to be amended.
While the SC’s special determination attracted the attention of many, both those who backed the Bill and the parties who opposed it seem to agree on one thing, i.e. the drafting of the Bill should have been done more carefully. Also, members of the Government said that the Government is willing to amend the clauses in question.
The country’s apex court has now delivered its special determination on the much-debated Bill, and a number of amendments are to be made in the coming weeks. However, if implemented properly, the SC’s special determination could put an end to some of the concerns raised by those who opposed the Bill. Of the things they feared, one of the biggest concerns was losing the country’s sovereignty and the full control of the Port City due to China’s involvement and influence pertaining to the project. The core of this concern was the composition and powers of the Port City Economic Commission, the main entity which is to be vested with the powers to manage and oversee the operations of the Port City once the Bill is passed. However, alleviating this fear, the SC determined that the majority of the members of the said Commission should be Sri Lankan nationals, and that the powers of the Parliament concerning control and oversight over public finance and sovereignty cannot be delegated or arrogated.
However, what the SC can do is limited, and it can act only within a specific legal framework, most of the time based on the nature of the assistance sought from it. In this case, most petitioners needed the SC to assess the constitutionality of the Bill, and that is what the SC did. We would be fooling ourselves if we think that the Port City issue is over. Yes, while the controversy is almost over thanks to the SC, the responsibilities have increased.
Making profits out of this project, leaving no room for corruption and crimes, attracting investors, and ensuring that Sri Lankans benefit equally from this, are the challenges that lie ahead of us. First and foremost, making the amendments recommended by the SC in accordance with the provisions of the Constitution is necessary.
The reality is that the Port City was never a bad project, nor was it unnecessary. In fact, in a context where Sri Lanka is struggling to save itself from the foreign debt mountain and revive the collapsing economy, a project of this nature is more necessary than before.
Also, it is the general understating that projects of this nature and magnitude, especially one that is unarguably going to be a turning point which some even say is a first step in “turning Sri Lanka into a Singapore” should have a closer relationship with the public who are not familiar with the economic jargon. Perhaps, the Government could have garnered more support from the public and other groups such as trade unions, had it taken steps to raise awareness among the public about the benefits, particularly employment and investment opportunities for Sri Lankan nationals and the economic benefit from it to Sri Lanka as a whole, and not a privileged segment of society.
The SC’s special determination is a second chance for the authorities to take several steps to ensure that Port City becomes a successful project, both economically and socially. In order to do that, implementing the recommendations of the SC to make sure that the Bill is in line with the Constitution as well as initiating a more in-depth discussion with the public and concerned local groups about how the Port City does not jeopardise Sri Lanka’s sovereignty and autonomy, are both important.
The rest is in the hands of the Government and other stakeholders involved in the Port City project.Kapruka
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Discover Kapruka, the leading online shopping platform in Sri Lanka, where you can conveniently send Gifts and Flowers to your loved ones for any event. Explore a wide range of popular Shopping Categories on Kapruka, including Toys, Groceries, Electronics, Birthday Cakes, Fruits, Chocolates, Automobile, Mother and Baby Products, Clothing, and Fashion. Additionally, Kapruka offers unique online services like Money Remittance, Astrology, Medicine Delivery, and access to over 700 Top Brands. Also If you’re interested in selling with Kapruka, Partner Central by Kapruka is the best solution to start with. Moreover, through Kapruka Global Shop, you can also enjoy the convenience of purchasing products from renowned platforms like Amazon and eBay and have them delivered to Sri Lanka.Send love straight to their heart this Valentine's with our thoughtful gifts!