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Acting IGP warned by HRCSL over 'legal validity' of arrests
Arrests made for alleged statements online, and the police warning against those who are critical of public officials, are bound to have a chilling effect on people’s freedom of expression, the National Human Rights Commission has told the police chief.
”It is the duty of our Commission to point out that any action taken to limit freedom of expression and other such rights in a democracy, even during a period of emergency, must be within the framework of the law,” said the commission’s head Deepika Udagama in a letter to the Acting Inspector General of Police Chandana Wickremeratne.
“HRCSL recognizes the need to lawfully curb misinformation that can cause panic and pose a serious threat to public order and public health when the entire country is facing an unprecedented public health crisis. However, such arrests must be legally valid, must not be arbitrary and disproportionate and must not be carried out in a discriminatory manner.”
Dr. Udagama’s letter quoting court documents points out that the Penal Code (s.120), Computer Crimes Act, No. 24 of 2007 (s.6), Police Ordinance (s.98), Quarantine Ordinance, No. (ss. 4 & 5) and the Disaster Management Act , No. 13 of 2005(s. 24) have been used to justify the arrests.
The HRCSL chairperson questions the legal basis of the use of the provisions of the Quarantine Ordinance and the Disaster Management Act.
“S.4 of the Quarantine Ordinance can be invoked only when a regulation made under the Ordinance has been violated. It is not clear how the alleged statements for which various persons have been arrested violate any of the existing regulations made under the Ordinance or how they obstruct the discharging of duties of officers authorized under the Ordinance. Similarly, it is questionable whether s.24 of the Disaster Management Act can be invoked in the absence of a proclamation declaring a state of disaster in the country which is approved by Parliament as required by s.11 of the Act.”
Dr. Udagama adds that one B report does not specify the legal basis of the arrest at all. She reminds the Police Chief that if misinformation, which has a negative impact on public order and public health, is to be curbed, there must be a sound legal basis for action taken by law enforcement authorities.
The warning issued by the Police Media Division letter to media institutions that legal action would be taken against those who criticize officials, is bound to have a serious chilling effect on people’s freedom of expression ,cautions the Human Rights Chairperson.
“The right to comment on, and indeed criticize, the performance of public officials or of anyone else or any policy is a fundamental aspect of a democratic society. It is through criticism and commentary that we improve governance and strengthen democracy.”
The discriminatory manner in which Section 3 of the International Covenant on Civil and Political Rights (ICCPR) has been used to arrest people has also come under criticism.
“At the same time, we wish to point out that it is essential to ensure that s. 3 is invoked in a non-discriminatory manner providing protection to all communities,” says the letter to Acting IGP Chandana Wickremeratne. “If not, the law becomes a weapon against certain communities and defeats the very purpose for which it was enacted by Parliament. Our observations on arrests made thus far under the above provision do not make It possible for us to come to a reasonable conclusion that the provision has been invoked in a non-discriminatory manner.”
Sri Lanka is facing local and international criticism for its militarized Covid-19 response and arrests of dissidents.
Sri Lankan students returning home from India overcharged
Sri Lankan undergraduates studying in foreign universities on state scholarships have been forced to pay inflated prices for flights back home during the Covid-19 pandemic. This is when the government had paid airlines to bring back those studying in private universities abroad.
Denouncing the government action as discriminatory, the country’s leading teachers’ union has revealed that the country’s national carrier has charged over the price of a return ticket for students travelling from Mumbai to Colombo on Saturday.
Students have paid LKR 58650 each for a one-way ticket whereas a regular return ticket would cost around LKR 45000, says the Ceylon Teachers Union (CTU).
Some receipts and payment slips shared with journalists show that Sri Lankan Airlines has charged over LKR 100,000 for an Amritsar-Colombo one way ticket.
In contrast, the government paid the air fare of the first batch of students to Colombo from Wuhan where the outbreak was first identified.
CTU urges the government to bear the cost of students travel to Sri Lanka and reimburse sums already paid to airlines.
Quoting an earlier statement by Foreign Minister Dinesh Gunewardena, CTU says that nearly six hundred Sri Lankans are studying in neighbouring India. Bangladesh, Nepal and Pakistan are other south Asian countries where Sri Lankan students are following their higher studies.
CTU expressed their disappointment at the government forcing students to pay for their travelling while obtaining funds from foreign nations to finance its Covid19 response.
Tax Department directives on 'PAYE' push employees in quandary
Several directives issued by the Inland Revenue Department (IRD) between January and April 2020, with regard to income tax – some of which have created utter confusion.
The confusion has arisen after the government announced suspending the PAYE (Pay-as-you-Earn) tax in January, at the same time raising the taxable limit where taxable employees have to file their own returns.
Then the IRD has introduced a new tax structure in April called Advance Personal Income Tax (APIT) in which taxes can be deducted from the salary by the employer, or file their own returns.
To add to the chaos, while APIT is applicable from April 1 onwards, the IRD then directed that PAYE should be deducted from all from January to March – three months – at the old rates in one go and deducted in the May salary, which means that PAYE has been re-imposed contrary to the January decision suspending it.
In a public notice issued on February 5, 2020, the IRD Commissioner General (CGIR) instructed employers not to withhold income tax (PAYE) from employment income under Section 83 of the Inland Revenue Act, with effect from January 1, 2020.
Following this notification, PAYE has not been deducted from employment income for the period January to March,
At the same time, a directive was issued increasing the taxable threshold for all public and private sector employees to Rs. 250,000 from Rs. 100,000 per month (earlier), at progressive rates of 6 and 12 per cent for every tax slab of Rs. 250,000 and the balance at 18 per cent
However, this position has been changed as per the public notice issued by the CGIR on April 15 requesting respective employers to once again deduct PAYE tax from employees for the period from January to March, in one go – as this tax had not been deducted for these three months under the earlier direction.
At the same time, a new tax – the Advance Personal Income Tax (APIT) – was introduced replacing PAYE with effect from April in which deductions can be made from the employees’ salary on the earlier announced taxable level of Rs.2 50,000 and above. Employees were given the option of requesting their employers to deduct the tax from their salary or file their own returns.
Mangala slams Mahinda for trying to blame the former govt. for the current economic downfall
Prime Minister Mahinda Rajapaksa had released a statement on April 18, taking his political game one step further. I thought it would be better to remind that the result of this power politics that ignores the lives of the people of our country is a more tragic crime.
I do not think I should recall how the then Opposition Leader, Mahinda Rajapaksa, tried to politicize the Easter Sunday Attack in a shameless manner when it took place on April 21, 2019.
PM Mahinda Rajapaksa in his statement has made repeated attempts to convince that Sri Lanka had to face this coronavirus pandemic at a time of severe economic downturn and the “Good Governance” government was responsible for this economic debacle.
The increased GDP Growth rate shown by the MR Govt. was due to increased government expenditure due to the debt stock together with the cost of corruption during the Mahinda Rajapaksa regime which has benefited the people very little.
However, I take this opportunity to recall the key developments that the Government of Good Governance has rendered to the benefit of all the people pertaining to the economic development of this country.
• There was an unprecedented natural disaster of severe drought in 2016 and floods in 2017 which caused a loss of 1% GDP to the economy.
3. Pension increment due on the 1st of January 2020 benefiting nearly 90,000 pensioners was scrapped. Staff officers’ allowances were also stopped by incumbent rulers of this government.
4. During the post 2015--broad based distribution of development to over 14,000 Grama Niladari divisions across the country based on rapid rural development program- Gamperaliya began to bring about benefits of true national development was scrapped.
5. So is the broad-based program for generating entrepreneurial culture through promotion of the private sector investment -Enterprise Sri Lanka programme was scrapped.
6. Moragahakanda-Kaluganga with an investment outlays of about US $ 1500 Mn were successfully completed. This was thus far the biggest development program completed after the Mahaweli.Development Project.
7. Highway extension to Hambantota and Railway Line to Beliatta was completed. Highway to Kandy was partially completed. Many water supply schemes were completed island wide.
8. With the massive investment on all manner of infrastructure programs, North and East were mainstreamed during the 5 years realizing a measure of true integration. Very comprehensive urban development program was implemented with a long-term in view. Health and education national budget locations were increased every year.
In spite of the above achievement, Sri Lanka has recorded a primary surplus in its fiscal accounts for 2017, 2018 and until we left in 2019. This was a record to highlight the successful economic management which the country has witnessed in six decades after 1954-55.
Mr. Mahinda Rajapaksa! You have held the office of President for nearly 10 years. Anyone who remembers the serious damage done to the economy of Sri Lanka will surely feel very disgusted with these words. It is because of the 10 years of massive debt that the Rajapaksa government has taken, the commissions, the unsuccessful popular projects, the Greek bond transactions and the nepotism has lead the economy of the country in to the intensive care unit in 2015. As I have repeatedly said, the good governance government not only helped to revive the economy but also brought the economy up to the level of a normal patient from the ICU.
It doesn't have to be easy or simple. We had to repay the biggest installment of debt obtained by them in the history of the country. We had to liberate the country from the burden of huge commercial loans obtained by Rajapaksa government that were obtained with the intention of making quick bucks through commissions. Instead of the commercial loans for large scale projects, if the Rajapaksa government had concluded them as the BOO/BOT project loans, the economy would not have gone to this level.
I should say that it is in this backdrop that the economy of the country, as you have mentioned, has led to the most catastrophic situation due to short-sighted political decisions taken by the caretaker government of President Gotabaya Rajapaksa in which you are also the Prime Minister which came in to office in late 2019. Every relief measure provided by the Yahapalana government to the people were cut under the guise of popular tax cuts by this government where you function as the finance minister and the prime minister.
The government of Sri Lanka had not expressed any concern about the coronavirus when it was spreading in December 2019 around the world. Although the first coronavirus infection was identified on January 27, the government did not care for the safety of the people.
It is to be reminded that even from the beginning of the Corona Plague, this government had enough time to formulate and implement a successful programme to protect the lives of the people of this country.
However, due to the negligence of the government or certain actions of the government, while the coronavirus is gradually spreading in Sri Lanka, the power hungry government made use of the provisions of Article 70 (1) of the Constitution read with Article 33 (2) (c) of the Constitution as a concession to the power of the government. It is ridiculous for you to point out that only the provisions relating to the powers conferred by the President under Article 150 (3) of the Constitution have been conducive to the crisis created by your government itself. Even in the face of such a tragedy, your government wanted to dissolve the Parliament that is otherwise in force until September this year in order to make their attempt to consolidate their political power. A pandemic appeared, and the Parliament was dissolved, not due to national interest or a political crisis but simply because of the political will of the Rajapaksas, including you.
The true meaning of this statement is that people will have to risk their lives to enable the government to consolidate their power. I totally reject that statement, which confirms your shameless political character.
However, as an opposition, we are ready to work together to support the safety of the entire country at any time. Our party Leader Ranil Wickremesinghe and Opposition Leader Sajith Premadasa have stated on several previous occasions that we are prepared to assist the government as an opposition. I would like to remind you once again.
We will not support the political objectives of the government. However, we are ready to extend our fullest cooperation to save the country from the Covid-19 pandemic and ensure that all possible efforts to protect the lives of the general public are successful."
Opposition parties appeal to President to reconvene Parliament
The majority of Sri Lanka’s opposition leaders including the former prime minister have urged the president to reconvene the dissolved parliament in order to extend their support in the battle against the Covid-19 pandemic that is experiencing a surge in new cases.
In a joint statement on 27 Monday, Ranil Wickremesinghe (UNP), Sajith Premadasa (SJB), R Sampanthan (TNA), Rauf Hakeem (SLMC), Mano Ganesan (TPA) and Patali Champika Ranawaka (JHU) cautioned president Gotabaya Rajapaksa that the government has been unable to keep the virus under control.
The appeal to the president comes at a time the number of affected patients passed the 500 mark. Almost a third of them are navy officers.
Full text of the joint statement is found below.
1. Against the backdrop of a public health crisis caused by the COVID-19 pandemic and the steps taken by governments to control it, a range of new challenges have emerged in Sri Lanka as well. Regrettably, the optimism that prevailed in our country until a few days ago that the spread of the virus could be managed is now receding. If further spreading of the pandemic is not decisively halted in the coming few weeks, the country will face the risk of the prevailing public health crisis being compounded by crisis situations in the economic, social, and political spheres too.
2. We are concerned that several hundreds have been infected; several thousands have lost their livelihood. Frontline health workers are putting their best efforts to protect us all risking their own safety. Their efforts should not go in vain because of our political decisions.
3. The political situation is specifically in a state of uncertainty due to the dissolution of Parliament and the absence of conditions conducive to hold parliamentary elections as stipulated. There is also no assurance that the elections could now be held on 20th June. The new date was determined by the Election Commission only a few days ago. The Commission has already indicated that this will have to be reviewed against the evolving public health situation in the country.
4. We can reasonably assume that no suitable environment is likely to prevail in the next two months to conduct a free and fair election. Similarly, we do not think the people of our country should be exposed to the unnecessary danger of a public health hazard by holding an election anytime soon. Sri Lankan people have repeatedly demonstrated their commitment to the democratic process by actively participating in election campaigns and also turning out in large numbers for voting. A free and fair poll also entails a proper campaign, which would invariably heighten the risk of the virus spreading countrywide. We are acutely aware of the exponential rise in infections last week.
5. Our country, like any democracy, is governed by three institutions with distinct and separate powers, viz, the Executive, the Legislature, and the Judiciary. All three of these organs are vital, and must be active for Rule of Law to prevail. Their functioning is more important now than at any other time – when we face an unprecedented challenge. But this crisis is taking place at a time when Parliament has been made inactive. Meanwhile, the President has also refrained from exercising the discretion to summon Parliament under Article 70 (7) of the Constitution. In view of the necessity to repeatedly postpone the Election, there is now a risk that Parliament would remain inactive for much longer.
6. It is our genuine belief that re-summoning the dissolved Parliament and through it securing the cooperation of political parties and MPs represented in the dissolved parliament would greatly contribute to the resolving of a number of urgent governance issues that have emerged amidst the crisis. Getting appropriate and new legislation passed in order to meet the public health crisis and obtaining parliamentary sanction to the utilization of monies from the Consolidated Fund are some such important and urgent functions of Parliament.
7. We are faced with an unprecedented national crisis which shows no signs of an early ending. As members of the dissolved Parliament, we are duty bound to fulfill our obligations to resolve this crisis in a spirit of responsible cooperation extended to the President. We also emphasize that all political parties and political leaders across the political divide have before them the challenge of transcending partisan agendas and working together for the common good of the people and the country amidst an unprecedented crisis.
8. We are prepared to lend our support to the government in Parliament to achieve the above so that the governance of the country can proceed properly and lawfully, in compliance with the Constitution. We assure the people of our country that we will not draw salaries nor attempt to defeat the government nor thwart any of the legitimate actions of the government during this period. Our good faith has already been demonstrated by the fact that we have cooperated fully with the government in maintaining the “curfew”, although the same has not been imposed legally.
9. In these circumstances we urge His Excellency the President to respond positively to this offer of responsible cooperation by us at this critical time, and revoke the proclamation dated 2nd March 2020 dissolving Parliament so that all of us can jointly fight to eradicate this virus, and also ensure that everything is done lawfully and in compliance with the Constitution. The President can thereafter dissolve Parliament whenever the situation becomes conducive to conduct the Election.
How many in the Navy have contracted the coronavirus? Who is telling the truth?
A pro-government newspaper 'Aruna', in its headline today (24), has reported that 35 Navy personnel have contracted the novel coronavirus.
However, when the 'Aruna' newspaper owned by businessman Dilith Jayaweera, the closest confidant of President Gotabaya Rajapaksa, has reported that 35 personnel have contracted the virus, government officials including Army Commander Lieutenant General Shavendra Silva said the number was 30.
Some websites that are being operated from overseas have also reported that more than 30 Navy personnel have contracted the coronavirus.
While pro-government media such as 'Aruna' are publishing contradictory datasets pertaining to persons infected with the coronavirus, some have raised doubts on social media as to whether the government is hiding information with regard to the spread of the coronavirus with an impending election around the corner.
Around 150 Navy personnel have been subjected to PCR testing and the results are expected to be received by Friday evening.
India gifts a consignment of medical gloves
In continuation of ongoing assistance from the Government of India to fight against the COVID19 Pandemic, today the High Commission handed over one consignment of medical gloves to Sri Lanka. The Indian High Commission stated that earlier on 7 & 8 April 2020, India had gifted about 13 tonnes consignment of essential life-saving medicines to Sri Lanka.
During the SAARC Leaders’ Video Conference on 15 March 2020, it was conveyed that India would offer online training capsules for the emergency response teams of the neighboring countries to assist them in their efforts in dealing with the COVID-19.
Aruna And Lankadeepa reports are false: Riyaj Bathiudeen's wife Fathima writes to the Human Rights Commission
Newspaper reports published in the 'Sunday Aruna' and 'Sunday Lankadeepa' in connection with the arrest of Riyaj Bathiudeen, brother of former minister Rishad Bathiudeen by associating him with the Easter attacks last year are completely false and malicious, Riyaj Bathiudeen's wife Fathima Israth Bathiudeen said.
Fathima Bathiudeen had made a complaint to the Human Rights Commission of Sri Lanka yesterday (19) noting that the articles are "malignant and inflammatory and were likely to have been written with ill-will which is evident from the manner in which it was published without verity or clarity as to its fact."
She further stated that there were no records of any member of the Police force or the Terrorism Investigation Division (TID) issuing any statement to the effect of validating any connection between Zahran Hashim and her husband, Riyaj Bathiudeen.
The newspapers had also quoted in their articles that Riyaj Bathiudeen was arrested by the security forces of the Northern Province in respect of the Easter Sunday attacks and was thereafter freed.
"This is a blatant lie and a distortion of facts, as my husband who is currently in remand, was never arrested nor interrogated prior to his present predicament in respect of this case," Fathima Bathiudeen said. "I am of the opinion, that such a manipulation of facts is aimed at tainting and tarnishing the image of former Minister, Rishad Bathiudeen, who happens to be the brother of my husband. This is irresponsible reporting, pushed by malice and sinister motive to mislead the readers by fanning the flames of hatred," she added.
Full text of the letter sent by Fathima Israth Bathiudeen is reproduced below.
No.111, 10th Lane,
Marikkar Street,
Puttalam
19.04.2020
Dr. Deepika Udagama Chairperson Sri Lanka Human Rights Commission No. 15, R. A. De Mel Mawatha Colombo- 04
Dear Chairperson and Commissioners,
Today, the ‘Aruna’ and ‘Lankadeepa’ newspapers had published a malicious article aiming to tarnish the good repute of my husband, Riyaj Bathiudeen, by associating him with the Easter attacks last year.
The article is malignant and inflammatory and was likely to have been written with ill-will which is evident from the manner in which it was published without verity or clarity as to its facts. In particular, I wish to highlight that the purported association between the mastermind of the Easter Attacks, Zahran Hashim and my husband are completely false, unsubstantiated and spiteful.
There is no record of any member of the Police force or TID issuing any statement to the effect of validating any connection between Zahran Hashim and my husband, Riyaj Bathiudeen. The arrest was made on the grounds of a phone conversation between him and Inshaf Ibrahim. Although Inshaf Ibrahim was identified as a suicide bomber, he was also a businessman. He was the son of a wealthy and prominent Businessman, Mohamed Ibrahim, and he was married to the daughter of another prominent businessman who was a native of my husband’s hometown, Mannar
My husband, who is now in remand, is also a businessman and a tax payer who has never defaulted in his tax payments. In Sri Lanka, any person has the right to engage in business legally and my husband has always engaged in lawful business and was unsuspicious of the activities of Inshaf. In the aftermath of the Easter attacks, the media had made it clear that even the wife and father of Inshaf Ibrahim knew nothing of his plans of engaging in terrorist activity.
The Sunday newspapers had quoted in their articles that Riyaj Bathiudeen was arrested by the security forces of the Northern Province in respect of the Easter Sunday attacks and was thereafter freed. This is a blatant lie and a distortion of facts, as my husband who is currently in remand, was never arrested nor interrogated prior to his present predicament in respect of this case. I am of the opinion, that such a manipulation of facts is aimed at tainting and tarnishing the image of former Minister, Rishad Bathiudeen, who happens to be the brother of my husband. This is irresponsible reporting, pushed by malice and sinister motive to mislead the readers by fanning the flames of hatred.
This media campaign is evidently directed at former Minister Rishad Bathiudeen with intent to frame him for the Easter Sunday attacks. Soon after the Easter attacks, it was increasingly apparent that Mr, Bathiudeen was being targeted and framed by certain political entities and media institutions. They distorted facts and purposefully enticed the general public into acting shamefully in order to achieve their political ambitions.
As a prominent businessman, it was normal for my husband to have business related conversations with individuals, and the investigating officers have every right to verify the contents of the call. There is no doubt in that. However, the media is duty bound to act with conscience and be careful not to disseminate misleading information, particularly if they are to incriminate an individual even prior to any verdict by a Court of Law. Such media dispensed verdicts are a disgrace to the judiciary. Such misrepresentations and unfounded conclusions are also contrary to media ethics and practices.
It must be noted that seven (07) persons had been arrested on the same day along with my husband in respect of the investigations, however, only the name of my husband was emphasized. The reason for this is without doubt the fact that his brother is a renowned political name and a former Minister of the Cabinet. Whilst certain segments of the media have carried out misinformation campaigns, it must be understood that it could also lead to several misinterpretations even before the investigation has concluded. Such insidious and corruptive journalists ought to be questioned and brought to book. It has caused tremendous pain of mind to my 10 year old son and myself. It is a violation of my fundamental rights and the rights of my family.
Yours Sincerely,
Mohamed Nisar Fathima Israth
The untold story behind Police spokesperson's statement - Who did Mohammed Alawdeen back in the last election?
Police spokesperson SP Jaliya Senaratne at a press conference held last Wednesday (15) said that investigations had revealed a direct connection between Riyaj Bathiudeen and a Easter Sunday bomber.
According to reports reaching theleader.lk, the accusation levelled against Riyaj Bathiudeen is with regard to a phone conversation he had with Insaf Ibrahim, the suicide bomber responsible for the Shangri-La Hotel attack. Mohammed Alawdeen, owner of Alawdeen Jewellers and the father-in-law of the Shangri-La suicide bomber Insaf Ibrahim, was a leading member of Rishad Bathiudeen's party. However, he had left Rishad's party and had openly supported the presidential campaign of Gotabaya Rajapaksa.
Alawdeen's only daughter, Fathima Ilham was married to Mohammed Ibrahim Ilham Ahmed.
However, after the Easter Sunday attacks, Wimal Weerawansa caused a huge commotion by claiming that Mohammed Alawdeen was a member of Rishad Bathiudeen's party. It was also included as one of the charges against the no confidence motion brought against then minister Rishad Bathiudeen.
(Source: theleader.lk)
Army deployed at Parliamentary complex to provide security
Former parliamentarians Eran Wickramaratne and Harsha de Silva, in a letter to the Secretary General of Parliament, has sought clarification as to why the Army was deployed when it was the Police that usually provided security to the Parliamentary complex.
"With an island-wide curfew and a lockdown, we wanted to know what necessitated such security changes. What was the threat assessment? Was there a terrorist threat? We have not received any indication of a threat that necessitated a change of usual security arrangements," the former ministers said.
They noted that it is the responsibility of all citizens and especially those paid out of the public purse to maintain peace and safeguard the separation of powers between the three organs of government i.e. the Executive, the Legislature and the Judiciary, which are the essential components of a constitutional democracy.
"Sri Lanka has had a long tradition of safeguarding freedoms and protecting all three organs of government. We must ensure that no ONE organ of government is permitted to encroach into the preserve of any other organ of government," the former ministers said.
Prof. Hoole informs NEC that he doesn't agree to hold elections on May 28
Professor Ratnajeevan Hoole, member of Sri Lanka’s National Election Commission (NEC) has written to the commission objecting to a proposal to conduct the general election on May 28, citing health concerns.
Prof. Hoole stated that NEC Chairman Mahinda Deshapriya had suggested that they announce the date of the poll as May 28 but pointed out that Deshapriya had agreed to further postpone the election if the pandemic worsens in the country.
Full text of the letter sent by Prof. Hoole to the NEC is reproduced below.
From: S.R.H. Hoole
Member, Election Commission
Date: 16 April, 2020
Subject: Gazetting a Date for Polls
Two days ago, the Chairman telephoned me to confirm my attendance at the Commission meeting on 20.04.2020, and proposed that we gazette polls for 28.05.2020, suggesting that if the COVID Pandemic is not over we could postpone again. I disagreed. I am writing this note to the Commission to argue that we must not set a date until we are sure that we will not be jeopardizing the population’s health by doing so.
Here are my seven reasons:
1. Credibility and Infeasibility:
Setting a new date would make us worse off than now. Once candidates commence campaigning in earnest, we would lose all credibility if we changed dates again. Close to 28.05.2020, we would have no feasible time to avert a constitutional crisis as the 02.06.2020 deadline for the new parliament to convene nears.
We must note that Dr. P.B. Jayasundara has already written in his letter to us, dated 06.04.2020, that after we announced the poll date, several independent candidates and several recognized Political Parties have accepted and acted in accordance with that announcement.
If we publish 28.05.2020 or thereabouts as the new date of election, Dr. Jayasundara will make the same argument that “several independent candidates and several recognized Political Parties have accepted and acted in accordance with” the new date. That is a strong reason why we must not get into the same predicament again. The first thing is to have a clear idea on where we stand.
Moreover, in these cash-short times, the new argument will be made that after the government spends the billions of rupees by the new date of the election, the country would not be able to afford to spend it again after postponing once again. The candidates too will make the argument that they have already spent any war-chest they had.
Once we announce a new date without being sure we can carry it through, it will be too late to go back. Dr. PB Jayasundara has argued that we must set a new date. But section 23(3) does not set a deadline nor does it disallow the required announcements in stages. It also uses the word may, giving us some flexibility. (Note: The PM has made the same argument without addressing what I wrote a week ago in Colombo Telegraph).
Senior Indian journalist P.K. Balachandran wrote on 13.04.2020 with the long headline
“President Gotabaya Rajapaksa is Reportedly Keen to Hold Parliamentary Elections on May 28; Elections Commissioner Mahinda Deshapriya Expected to Make Important Announcement on April 20: Curfews Likely to be Lifted Completely by April 30 to Enable Election Campaigning.” I learn from news media, rather than from the Commission.
2. Public Health
At this point, there are serious questions as to the public’s exposure to the virus if polls are conducted. Jaffna Teaching Hospital Director Dr. T. Sathiyamoorthy is emphatic in his public statement (16.04.2020) that in today’s situation, no one can forecast when things will improve or worsen.
Others say they were unable to get true experts into the President’s Taskforce on COVID. Many express disappointment with the politicization of the epidemic but are fearful of being quoted. It is a new phenomenon. A positive feature is the Alliance of Independent Professionals (AIP), an organization that the Chairman’s brother Sunanda Deshapriya is a leader of. It says many professionals in charge of fighting the pandemic are political stooges. I recognize many of questionable reputation on the COVID National Action Committee, including one involved in spinning fake news and others who faced criminal charges. AIP has detailed in its report of 13.04.2020 the alarming deficiencies and untruths in the government’s narrative “to obfuscate the spread of COVID-19“ (through limiting testing and rushed cremations without post-mortems) and to tarnish the reputation of Muslims.
3. Human Rights Violation:
The franchise to vote is a fundamental right. It will be violated if we hold elections when it exposes voters to life-threatening risk making many abstain. Importantly, the right to life is also a fundamental right.
The Commission forcing our poll-workers and voters to risk their lives is a violation of their right to life, voters’ right to franchise, and the dissenting EC Members’ right to conscience in forcing the public to risk health. Surely this is not something we want.
4. South Korea
When The Island (15.04.2020), “asked whether the SLPP was trying to justify parliamentary elections amidst crisis caused by the highly contagious virus, Prof. G.L. Peiris said that he merely pointed out that a nationwide poll was conducted in a country.” He, it seems obvious to many, is arguing for elections like in South Korea, despite the pandemic. Be that s it may, can we, a much poorer country, emulate South Korea in this? No!
According to Foreign Policy, over a quarter of eligible voters – 26.7 percent – used early voting there. This significantly reduced queues. But we cannot do this. The law requires postal ballot applications to be made from the seventh to fourteenth day from the proclamation of elections which was on 2.3.2020. It is too late now.
Moreover, when the Commission asked government for doctors to be given the postal ballot because hospitals had no doctors when they went to vote, we were ignored. Do we have South Koreans’ will and public mindedness to do what they did? Here is what happened there:
“In order to cast their ballots, voters had to clean their hands with sanitiser, wear face masks and plastic gloves, stand at least one metre apart, and have their temperatures taken. Those with a temperature above 37.5 oC had to cast their vote in separate booths that were then disinfected after each use. People who had tested positive for coronavirus were under strict instructions to only vote around 6 pm as polls closed and at specially designated polling stations. They were also forbidden from using public transport and were only allowed to walk or take their own car”.
Culture also is relevant in applying their methods here. In the US, Youngmi Kim of Edinburgh University says, voters will not wear masks. Will our voters, who stood crushing each other at supermarkets when they opened for the first time after curfew, maintain the 1m distancing? Will they spend on hand-sanitizers and masks? Will poll-workers come to work? Will our government spend so much? Does it even have the money?
5. Wisconsin
Prof. Peiris also quotes Wisconsin courts forcing the election on 7.4.2020 without postponement. In that instance, President Trump’s Republican Party had moved courts to prevent delaying polling to a safer date.
What Prof. Peiris failed to say is that, as reported in Time, many polling stations closed anyway after poll-workers dropped out citing health fears. Just five of 180 polling stations opened in Milwaukee – Wisconsin’s largest city.. Will our poll-workers have better attendance?
6. Respect for Commission
When the South Korean Election Commission asked the public to participate in elections during the pandemic, the public responded with an increased turn out than before. They trusted their Commission. South Korea’s NEC is constitutionally equal in status with their National Assembly, their executive branch, their Supreme Court, and their Constitutional Court.
However, will our EC command the respect for people to follow our leadership? We cannot even reject the explicitly prohibited nomination papers of an unqualified candidates like at Maharagama’s Local Government Elections and must await court action by a spirited citizen. It took two years to throw out dual citizen Geetha Kumarasinghe from parliament. We are unable to remove a mistakenly elected councillor at Wennappuwa. A local government dual citizen case to which we all know the answer is still going on as the judges ponder the obvious.
There is little respect for the Commission. Parliament has ignored many of our urgent revisions like revising the impracticable quorum for commission meetings. Many accuse us of bias with a view to our reappointment in November. A video from “President’s Counsel” Ali Sabry threatening Muslims who did not vote for his boss passed by the Commission with impunity. Our senior staff are unhappy.
Unlawful backdated political appointments are being made in this election-period but the Commission is unable to act. Today 16.4.2020 according to news reports I judge reliable, lorry-loads of goods for the needy from private donors came to the Jaffna Kachcheri and were parcelled and taken on the GA’s instructions by the Disaster Management head (going alone without Kachcheri workers) to MP Angajan Ramanathan, while Ramanthan made a speech on his Facebook listing previous government distributions as if by him. Now we know why all Northern GAs were transferred ahead of the elections.
Who will take our exhortations seriously? I fear none.
Conclusion
G.L. Peiris (The Island, 2.3.2020) has spoken of a Saboteur at the Election Commission. He expressed “serious concern over the likelihood of the electoral process being sabotaged by a member of the Election Commission (EC). […] He warned of a deliberate attempt to cripple the electoral process. […] The SLPP Chairman pointed out that in terms of the 19th Amendment to the Constitution, the EC couldn’t meet without the presence of all three members. He said that nowhere in the world were all members of a particular body required to be present for a meeting to be quorate.”
Rather strange that his own party voted for the nineteenth amendment and that I was ignored when I, for the past 4 years, have been asking for the quorum to be made 2. The Commission also formally asked for an amendment that no right-thinking parliamentarian would vote against. But our MP’s and cabinet were too lazy to bother.
It is perhaps because of this ruling party concern that towards the end of my term that I have been given a Coordinator with a car in Jaffna, – for if I do not attend the meeting on 20 May, there can be no quorum to set the election date.
Indeed, now to leave Jaffna with a curfew-pass, a doctor is required to certify that I have no symptoms of COVID-19. My position is that I will not go about my election duties without a doctor examining me and certifying that I have no COVID-19 symptoms. I am worried about going to the hospital to stand in line for a medical certificate to attend the Commission meeting. What then is the position of the wider public of voters? Surely, this needs time and a proper assessment by persons whose competence and commitment to the public cannot be questioned.
Exit Strategy
We must choose simple solutions eschewing complex ones involving public health risk. The easiest way out has two steps. First, the President cancels the Gazette of 02.03.2020 and buys time at least till 02.09.2020 with parliament there to sort out the legal problems that arise including government funding.
And second go by the advice of the College of Community Physicians issued yesterday: Exit strategy of COVID-19 epidemic in Sri Lanka.
The report needs full reading but the experts emphasize
1. Decisions on the lockdown need a multidisciplinary expert panel from across the nation without strict time-lines and through frequent revisions.
2. Decision-making must include accurate predictions of behaviours, and health system capacity for testing, treating, enforcement of restrictions, human behaviour, dynamics of economies, socio-economic consequences, etc
3. Economic resumption in Western Province (WP). No election will be possible until there is adequate return of normality in the Western Province. o election will be possible until there is adequate return of normality in the Western Province.
Taking the foregoing into account, it is important that Epidemiologists, public health experts and virologists/microbiologists and experts from other areas (economics, transport sector, finance etc.) be included in the decision making process so as to balance the need for restarting following lockdown and in order to balance the needs.
The EC cannot play at being all these experts at once.
Govt. has printed Rs. 213 billion since March: CBSL
The cash strapped Sri Lankan government has printed a staggering Rs. 213 billion since the first week of March this year, the Central Bank of Sri Lanka (CBSL) announced.
CBSL revealed that Rs. 7.8 billion was printed on this week alone. As such, CBSL holdings of government securities which stood at Rs. 78.01 billion as of the 12th of March this year, now stands at Rs. 291.83 billion as of Friday, the 24th of April.
Fitch downgrades Sri Lanka
Meanwhile, Fitch Ratings downgraded Sri Lanka to 'B-' with a negative outlook, as the country cut value added tax in January and printed large volumes of money to target the call money rate, pressuring the currency amid a pandemic.
"The shock to Sri Lanka's economy from the coronavirus pandemic will exacerbate already-rising public and external debt sustainability challenges following tax cuts and an associated shift in fiscal policy late last year," Fitch Ratings said.
"The pandemic will especially hurt the tourism sector, which, combined with weaker domestic demand, will further damage Sri Lanka's public and external finance metrics", the ratings agency said.
Sri Lanka reports 15 new infections of COVID – 19
Fifteen people tested positive for the coronavirus on Sunday, health officials said, raising the total infections in the country to 269.
These patients who were undergoing quarantine in Colombo had maintained contact with infected patients, Dr Anil Jasinghe, director-general of health services said.
Health ministry statistics show that 91 patients have recovered so far with the number of deaths standing at seven.
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