Current lamentable situation of the country – some important contributory factors

We are witnessing a series of revelations of alarming significance following the horrendous bombing incidents of Easter Sunday. Those at the helm of affairs in the country are trying to cover up their sinful delinquencies, now being exposed, by praising the security forces for their good work to restore normalcy within a matter of days. 

The undisputable truth behind this highly deceptive appreciation is the fact that it is the same security forces that was made to remain idling by these political masters before the recent satanic outburst. With or without such praise and adoration our security forces are accepted as a formidable lot with proven ability. Even when they were ridiculed by certain individuals at the height of their engagement with the most heinous terrorist group in the world, LTTE, about a decade ago, they relentlessly discharged their duties with firm resolution.  

Today we pay our respects to these brave men and women who risked their life and limb throughout that battle to keep our country safe. We remember how their actions were heckled then by mimicking their conquering of Alimankada to Pamankada and Kilinochchi to Medawachchiya; and when they captured the Tiger base in Thoppigala some wisecracked they have taken over a jungle.

Under these circumstances we are compelled to recapitulate several factors that may have contributed in some way towards the current sordid state.

Since the defeat of the LTTE clandestine war, the country continuously went through a spell of peace. Except for a few sporadic minor incidents, there were no major incidents of any communal or religious extremism. If what we experience is part of a global terrorist movement as claimed by the Prime Minister, then we cannot attribute as a root cause any harassment meted out to Muslim community locally. Then the obvious inference is that the global terrorist movement had found Sri Lanka as an easy prey to propagate their unholy missions.

Political instability of a country no doubt provides a good breeding ground for any type of vandalism. This tendency is enhanced due to factors such as decline of the economy, poverty and serious disparities of income distribution. 

Since 2015, the country was taken through a series of hastily decided political transitions with the struggle for political power to survive as the foremost consideration leaving everything else behind. In the process several political compromises have been made at a huge cost to the nation as well as the established fundamentals of the State. Ethics and principals of good governance too were prostituted in callous disregard of the people’s expectations.

Corruption destroys State’s legitimacy

The CBSL bond scam marks the milestone where the very institution to safeguard Sri Lanka’s monetary system was allowed to be robbed. Starting from this it is a long list of fraudulent manipulations and corruption with shady and unscrupulous transactions involving high authorities of the new Government. 

However, the drug menace which had been thriving at a rampant scale under the patronage of kingpins both from the underworld and the political arena became the target of a full scale shoot-out at the initiation of the President. When the top politicians are corrupt, it seeps to all levels going down to the ordinary population until it comes to a stage where nobody trusts the institutions or the rule of law. The Auditor General of the country sometime back commented, “Sri Lanka is the top- ranked country in the world in terms of public misappropriation and corruption.”

Politically the situation was worse. There were serious disagreements between the President and the Prime Minister and these differences extended to all levels of the administration including the Ministries and State-owned enterprises. Divisions inside and outside the Government led to an emphasis of focus on manoeuvres for political survival rather than pursuit of reforms and maintenance of unity across party and ethnic lines. It was also very noticeable that some heads of SOEs (chairmen) capitalised this situation to perpetrate large scale financial frauds by engaging in ostensible development activities. 

Wasteful expenditure inundated with superfluous schemes under the guise of face-lifting, digitalisation, performance improving, and large-scale investments in questionable business operations etc. became the order of the day during this era, adding to the bribery and corruption that prevailed as a common feature. Officials attached to very high positions were caught red-handed taking huge sums as bribes.

Promises of a new Constitution remain unaccomplished amidst consternation by all communities Sinhala, Muslim and Tamil. The limited and ambiguous powers of Provincial Councils under the never-fully-implemented Thirteenth Amendment are a disputed area, further aggravated by the TNA’s federalism goal, making a compromise impossible. There is a demand to adopt a new electoral system and expand the powers devolved to provinces so as to address longstanding Tamil demands for autonomy in the north and east.

International influence

Sri Lanka has been severely influenced by international forces. We are witnessing with amazement how certain foreign countries have chosen to interfere with our domestic affairs, a development that has taken place in the background under an ostensible interest to establish a rule of good governance. 

We saw the manifestation of this ballgame during the recent constitutional imbroglio after the decision to dissolve the Parliament by the President. Several foreign diplomatic missions were seen actively engaged in counselling operations beyond their obligations under normal diplomatic relations between countries, while the issue remained before the courts to be determined under the laws of our country. How justified such interferences are is a matter yet to be assessed independently. 

Nevertheless, the price we have to pay as ransom by succumbing to possible economic sanctions, overwhelm our freedom to stand on our feet. With the renewal of GSP+ trade benefits, the European Commission has intensified the rigorous monitoring process that already existed, and has laid down several conditions the SL Government should follow. The statement issued by the EU calling for action by the Government to secure the safety of Muslims in Sri Lanka came in this context.

We have to state with dignity that we do not require any praise, condemnation or to be told of our duty and obligation to maintain harmony among our communities from foreign powers. Except for the universal truth that there are fanatics and lunatics in any society, East or West, that no government can put an end to, we have displayed the highest degree of magnanimity possible as a country, under the circumstances, of the most atrocious inhuman attack by ISIS backed terrorists.  

The Roman Catholic Church in Sri Lanka’s Malcom Cardinal Ranjith gave a message to the whole world and Sri Lankans from all walks of life responded to the Cardinal’s advice and appeal at that gruesome moment. In as much as the citizens cannot be blamed for the horrible acts of the terrorists, the country or its peace-loving citizens cannot take the blame for organised attacks perpetrated by these elements and their mentors in the background of these crimes. Our security forces, duly empowered by the President as the Minister of Defence, have taken adequate measures to contain any flare-up due to such crimes.

It is a disgrace on us for any foreign country to demand the safety of one community of our Sri Lankan society. They appear to be misguided by the false propaganda of interested groups. It is similar to the act of some group identifying themselves as Muslims demonstrating in streets of London City asking for a separate State for Muslims in Sri Lanka because they are harassed by the non-Muslim majority. 

It is unfortunate that the Muslim political leaders, majority of whom are with the Government holding high ministerial posts, failed to come forward and tell the world that in Sri Lanka the Muslims and other communities are living very much in peace and the London demonstration was only an orchestrated affair with some ulterior motive. 

Perhaps this lapse may have been a reason for the EC to make such a statement. The failure on the part of the Muslim political leaders on the other hand, to immediately denounce such a falsity, created a serious doubt as to whether they too want the world to believe what the Londoners said is true. To make any community believe that they are being attacked as a minority group is an inducement to tempt them towards militant forms of nationalism as a more acceptable solution. The country is indebted to Cardinal Malcom Ranjith for helping us to steer clear out of such a mess.

Certain new laws passed are seen to create some degree of confusion and apparently have had an indirect contributory effect in facilitating terrorist activities.

Electoral pledges and failures

The 19th Amendment to the Constitution in April 2015 fulfilled an electoral pledge to reduce the presidency’s enormous powers and restore the independence of oversight commissions for the police, judiciary and human rights. But it does not fulfil many of the aspirations, in that the commissions so set up under it have become ineffective. 

The 19th Amendment was rushed in, pending the dissolution of the Parliament. Those who supported it were not clear of the nature of application of some of its new provisions. The President, shortly after the adoption of the 19th Amendment, had to seek a Supreme Court clarification regarding his period of term in office.

A proposed replacement, the Counter-Terrorism Act (CTA), which was drafted and is awaiting being rushed through the Parliament, has become an issue due to allegations about some clauses contained in it which defeats its purpose to arrest terrorism. It is no secret that the new law is born to give effect to certain undertakings given to regain the European Union’s human rights-linked GSP+ tariff relief. Nevertheless, it has become extremely important to have highly effective and easily enforceable legislation in force to combat terrorism beyond the need to compromise our future security for the sake of economic advantages.

There is strong pressure from the international forces to repeal the Prevention of Terrorism Act (PTA). which they see as a Draconian piece of legislation despite the fact that it helped our country to provide relief to the whole world by eliminating world’s most heinous terror group the LTTE.

A draft revision of the Criminal Procedure Code released in October 2016 that did not meet the criteria for regaining GSP+, is under consideration to be amended to fulfil the wanted requirements.

The Right to Information (RTI) Act Parliament approved in June 2016 and in force since February gives potentially powerful tools to citizens to make authorities more transparent and accountable. The RTI Commission it established has shown itself to be proactive but the bodies that have to release information are resorting to delaying tactics taking the advantage of the loop holes for escaping responsibility thus making the law ineffective. 

For the act to be effective, the Government will need to amend it by removing the right to refuse information that is provided for in the Act grossly misused by some institutions using their legal might against the not-so-affluent applicants. Passing of certain Laws in the Parliament took the form of a battle field. Several Acts were passed hastily and with hardly any focused concentration on their potential unfavourable consequences. 

The Local Authorities Elections (Amendment) Act No 16 of 2017 has increased the number of elected representatives to the local Government bodies by more than 100%. E.g. The Colombo MC which had 50+ councillors earlier has increased the number to 119 now!

The Delimitation Commission report remains struck in the Parliament due to the delay of the expected report by the PM to the President. Pending local Government elections are delayed inordinately due to this. Such are the mal effects of some pieces of legislation.

An attempt was made to amend the Registered Stock and Securities Ordinance to treat offences under the ordinance as financial obligations of the offender instead of the criminality attributable to such offences under the existing laws.

A non-citizen was appointed to the post of Governor of the CBSL disregarding objections raised from many quarters and finally he was allowed to run away after committing the biggest ever fraud that took place in the history of central banking in this country. He is now living as a fugitive in another country due to shortfalls in our system to enforce his extradition from that country.

There is a long list, but it would suffice to quote a highly relevant new legal enactment which would raise eyebrows under the current context. 

We are aware that for global terrorism to thrive, overseas travel and inward foreign remittances are significant factors. Sri Lanka Exchange Control Act No.24 of 1953 was repealed and replaced by a new Act titled Foreign Exchange Act No.12 of 2017. Reproduced below is an extract of observations in this regard by Ex-Central Bank officials (with their courtesy) showing some serious adverse repercussions.

Present situation in the country 

Note on the present situation in the country which may be a consequence of the repeal of the Exchange Control Act No. 24 of 1953 by the enactment of Foreign Exchange Act, No. 12 of 2017:

According to the Prevention of Money Laundering Act, No. 05 of 2006, money laundering becomes an offence only if a person who engaged directly or indirectly in any transaction in relations to any property which is derived or realised, directly or indirectly, from any ‘unlawful activities’ or from the proceeds of any ‘unlawful activities’ or receives, possesses, conceals disposal of or brings into Sri Lanka, transfers out of Sri Lanka or invests in Sri Lanka, any property which is derived or realised, directly or indirectly, from any ‘unlawful activity’ or from the proceeds of any ‘unlawful activity,’ knowing or having reason to believe that such property is derived or realised, directly or indirectly from any ‘unlawful activity,’ or from the proceeds of any ‘unlawful activity’. 

From 1953, up to the date of the repeal of the Exchange Control Act, foreign exchange violations were included in the definition of ‘unlawful activity’. 

With the repeal of the Exchange Control Act and the replacement thereof by Foreign Exchange Act, No. 12 of 2017. Illegal Foreign exchange transactions would not make a person liable for the offence of ‘money laundering’ under the Prevention of Money Laundering Act, No. 05 of 2006, with effect from the date of enactment of the Foreign Exchange Act, No. 12 of 2017 (Annex 1) on 20 November 2017 by Gazette Order made under Section 1 of the aforesaid Act and published in the Government Gazette No. 2043/31 dated 31 October 2017.

This is a very serious issue. (Unfortunately overlooked by members of the opposition during the hastily concluded debate.)

According to the definition under Act No. 5 of 2006, an ‘unlawful activity’ constitutes several defined offences under many other Laws and Ordinances:

(a) The Poisons, Opium and Dangerous Drugs Ordinance (Chapter 218); 

(b) Any law or regulation for the time being in force relating to the prevention and suppression of terrorism; 

(c) The Bribery Act (Chapter 26); 

(d) The Firearms Ordinance (Chapter 182), the Explosives Ordinance (Chapter 183) or the Offensive Weapons Act, No. 18 of 1966. 

(e) The Exchange Control Act (Chapter 423); 

(f) An offence under section 83C of the Banking Act, No. 30 of 1988; 

(g) Any law for the time being in force relating to transnational organised crime; 

(h) Any law for the time being in force relating to cybercrime; 

(I) any law for the time being in force relating to offences against children; 

(j) Any law for the time being in force relating to offences connected with the trafficking of persons; and 

(k) An offence under any other law for the time being in force which is punishable by death or with imprisonment for a term of seven years or more. 

In view of the foregoing,

a. the bringing of money to Sri Lanka to support ISIS activities by Mohammad Saharan or any other person or organisation after 20 November 2017

B. remittance of vast sums of money by way of financial assistance from Saudi Arabia to establish largest Islamic university in South Asia built in Batticaloa in the Eastern Province 

C. and many other serious foreign exchange activities

Cannot be made an offence and prosecuted because it is not a predicate offence under the provisions of Prevention of Money Laundering Act, No. 05 of 2006.

Furthermore, the provisions of the Foreign Exchange Act, No. 12 of 2017 do not contain any criminal sanctions for the contravention of any of the provisions of the said Act. It enables only the imposition of monetary penalties by the Central Bank.

Because of the effect of this act, certain legal actions involving huge exchange control violations committed in the past discharged by courts pending reframing of the charges have gone into oblivion.

E.g. The Colombo High Court case No. HC. 4648/2009 Under AG’s Ref no.CR/2/26/2009 charging Ravi Karunanyake and another person for violating exchange control regulations involving a remittance of $ 1 million and $ 2 million by Raj Rajaratnam in USA and his company Galleon International Master Fund discharged for reframing the charges will now be void after the new Act.

The forgoing is a summary of some, out of many, factors that have contributed to the propagation of ISIS terrorism in this country. True, it is a global phenomenon. But its entry to Sri Lanka has systematically progressed, taking advantage of shortfalls in governance. 

Several persons appointed to highly-vulnerable positions have been found to be unsuitable and have proved that there has been a gross dereliction of their responsibilities which is both ignoble and criminal. In this regard those who appointed them to such positions should equally share the blame while the concerned individuals have to be dealt with criminally. No punishment would suffice short of capital punishment for their abomination and antisocial behaviour which cost several hundreds of innocent human lives rendering a large number injured and several families desolated. 

There are certain other happenings that contribute to aggravate the situation in the aftermath of the carnage. In this regard behaviour of politicians comes to the forefront. Instead of engaging in fruitful discussions, most of them have started verbal battles, casting remarks and accusing opponents. It is shameful to note what a despicable role it is to derive some sadistic pleasure out of slinging mud at each other through the public media at a time of a national disaster. Belatedly though it is a good sign to note the reconciliatory attitude displayed by some of the highly-respected senior Muslim politicians stating that there are many areas for self-criticism and confession by the Muslims.

Provocative action and statements should be avoided under all circumstances. Political maturity should reflect conciliation with no compromising for the sake of power.

(The writer is a Councillor of Colombo MC.)