Govt’s new moves to control defence
The United National Front Government is gearing itself for a fresh attempt to wrest control of the country's defence establishment from the President. With this in mind, they have formulated another new draft Higher Defence Control Act. Government's legal advisors claim that the contents of this new draft act, in their view, do not contravene provisions of the Constitution. Hence they believe it could be passed in Parliament with a simple majority. Emboldened by this advice, UNF leaders want to give top priority to this legislation in Parliament. 

However, any move to deprive the President of the powers she now enjoys under the Constitution to direct and control the armed services and the Police is sure to be challenged by the main opposition People's Alliance in the Supreme Court. The present Constitution vests the President with authority to control the security forces and police. Since revelations in The Sunday Times of previous moves to introduce such laws, eminent lawyers supporting the PA have been preparing themselves for such action.

The latest UNF Government move comes at a critical juncture, both politically and in terms of national security perceptions. Politically, the most crucial phase in the 19 month long ceasefire and the ongoing peace talks will come when the Liberation Tigers of Tamil Eelam (LTTE) makes known its response to the Government's offer of a provisional interim administration.

It is now known that this response, for the first time in the history of the ethnic crisis, will contain a comprehensive set of proposals, or in other words, all the demands of the LTTE. They will form the core issues for discussion at future rounds of peace talks. The fact that the upcoming LTTE response will contain highly contentious issues, ones that will generate political opposition, is by no means a secret.

It is now a matter of weeks before the LTTE proposals are made available to Norwegian facilitators for onward transmission to the UNF Government. They await the completion of two events - the ongoing meeting of guerrilla leaders and advisors in Dublin, Ireland and a proposed meeting of leading LTTE representatives abroad in the Wanni. This is expected to be addressed by its leader, Velupillai Prabhakaran.

In the sphere of national security, there have been mounting concerns over the giant leap in military preparedness by the LTTE during the 19 months of the ceasefire. They have not only recruited new cadres but re-trained their existing strength. They are continuing to acquire state-of-the-art military equipment. At least on two occasions, the Navy confronted guerrilla ships in the deep seas off the north east coast and sunk them.

And just last week, whilst the UNF Government, and in fact the international community, waited anxiously for the LTTE's proposals to enable the peace process to move forward, something more shocking had taken place. A guerrilla cadre on board an LTTE vessel committed suicide whilst in an Indonesian port.

The vessel has been identified as "Agasthi." The state of local intelligence services have remained in such a pathetic state since the UNF assumed office. So much so, the Directorate of Foreign Intelligence (DFI), which is better known for keeping track on Sri Lankan journalists travelling abroad than worrying over national security issues, reported to the Government that the ship incident had occurred in Malaysia. It was not so. It was in far off Indonesia. Some UNF authorities have ordered relevant officials to maintain utmost secrecy over the matter.

The Sunday Times has learnt that a guerrilla cadre committed suicide after biting a cyanide capsule. What happened to the state-of-the-art weaponry on board the vessel? Did these include long range artillery, mortar and surface to surface missiles? The answers will never be known. Both the body of the dead guerrilla cadre as well as the vessel had been released. The Sunday Times learnt that the dead guerrilla had been in possession of a forged Bangladeshi passport carrying a Muslim name. According to authoritative sources, large sums of money is said to have been used to secure the release of the body of the dead cadre and the ship.

This incident in Indonesia raises another important question - Is the delay on the part of the LTTE to forward its proposals to the Government aimed at ensuring more shipments of weaponry are smuggled into the country through the north eastern waters? The LTTE had officially announced that the proposals would be forwarded by the end of September.

As exclusively revealed in The Sunday Times a radical shift in the military balance in the east, particularly in the Trincomalee district, continues. The LTTE has refused to heed a Sri Lanka Monitoring Mission (SLMM) determination to vacate the Manirasakulam (Kuranku Paanchan Kulam) camp which is said to be on a Government held area. The killing of informants and rivals in other moderate Tamil political parties continue. The LTTE has militarily strengthened itself in the 19 months of the ceasefire whilst the Security Forces have, in stark contrast, been forced to lower their level of preparedness due to Government policy. The UNF leaders did not want to offend the LTTE in any way. Whilst desertions have risen during the ceasefire the response to recruitment drives have been dismally poor.

There have been persistent delays to replenish their stocks of ammunition. Procurement of urgently required equipment to the Army, Navy and Air Forces has been inordinately delayed. Hurried measures to procure some equipment have led to hectic canvassing and influence buying moves. That would pale into total insignificance what went on during the seven year long People's Alliance rule. Just one instance would give an idea - a piece of used equipment which a powerful personality wants to procure is worth five million US dollars (or over Rs 490 million). Its remaining life span? Well, some 123 hours.

The best part of it, some 577 hours, have already been utilised since this item was manufactured in 1982. Must one say anything more about promises of transparency and accountability? The only attempt that has been made, rather vigorously, is to try to silence those exposing these anti national acts. That is through threats and coercion. If they are not brought to public limelight, they do not happen, or so do some UNF leaders believe.

The Sunday Times learnt that the item in question, if procured, could be used only for less than three weeks!! This brings to mind the election manifesto of the United National Party which promised a Procurement Agency to obtain equipment for security forces. Like the promises made by the People's Alliance, it is forgotten once they assume power. Little wonder, more and more millionaires are born. More are contributing to the profits of banks abroad.

It is in this backdrop that the UNF Government now wants to take control of the defence establishment. One of the highlights of the latest draft law is to set up a Defence Board presided by the Minister of Defence. This Board is to be responsible for (1) the consideration and advice on matters in relation to Defence management (2) and supervise the implementation of defence policy. Highlights of the latest draft law appear in below.

The Defence Board is to consist of: The Minister of Defence (who shall preside), the Deputy Minister of Defence, the Secretary to the Ministry of Defence, the Chairman of the Joint Chiefs of Staff Committee, the Heads of the Army, Navy, Air Force, the Comptroller (note: this is a new position which the draft law seeks to create), the Additional Secretary in charge of Defence in the Ministry (if any) and the Director General of Intelligence Services.

There are other wider powers for the Defence Board too. The draft law says that the board shall consider and advise on matters pertaining to Defence Management and supervise the implementation of Defence Policy. This provision of the latest draft law, which the Government's legal advisors believe do not contravene the provisions of the Constitution, leaves out a role for the President who is also Commander-in-Chief. In other words, the President has no role at all on matters relating to defence management or in the supervision of defence policy. Even to the most dim witted, who is neither conversant in the Constitution or any other law of the land, it is abundantly clear that the President at present exercises these powers.

The new draft law, however, envisages a role for the President in a National Security Council where the other members are the Prime Minister, the Minister of Defence and the Deputy Minister of Defence. The draft law says "The Security Council shall exercise all such powers and functions in relation to National Security as are determined by the Cabinet of Ministers."

These provisions and many others contained in the new draft law makes it very clear that the aim of the exercise is to wrest full control of the defence establishment. Needless to say, for the UNF, accomplishing such a task is of high priority now. The reasons are too obvious.

Highlights of new draft Higher Defence Control Act
Here are highlights of the latest draft of a Higher Defence Control Act the United National Front (UNF) Government wants to introduce in Parliament.
The idea is to wrest control of the defence establishment that is now under the President.

There shall be established a National Security Council (hereinafter referred as the Security Council) consisting of the:

I President, who shall preside at the meetings
ii Prime Minister
iii Minister in charge of subject of Defence
iv Deputy Minister of Defence The Security Council shall exercise all such powers and functions in relation to National Security as are determined by the Cabinet of Ministers.

(a) The Minister in Charge of the Police shall attend and participate in all meetings of the Security Council when matters pertaining to the Police are under deliberation.
(b) The Minister in charge of the subject of Foreign Affairs shall participate when matter pertaining to Foreign Affairs having a bearing on National Security are under deliberation.

( c ) The Security Council may invite any other Minister to participate in the meetings of the Council whenever a subject or function of that Ministry is under discussion.
The Secretary to the Ministry of Defence, the Chairman of the Joint Chiefs of Staff Committee, the Heads of the Army, Navy, Air Force and the Head of the National Intelligence shall be permanent advisers to the Security Council and shall attend the meetings of the Security Council.

(a) The Secretary to the Ministry of Defence shall be the principal Civilian Advisor, to the Security Council.

(b) The Chairman of the Joint Chiefs of Staff Committee shall be the principal Military Advisor to the Security Council.

(a) The Secretary to the Minister in charge of the subject of Police and the Inspector General of Police shall be the advisers to the Security Council in respect of Police and shall attend the meetings of the Security Council attended by the Minister under section 3(a).

(b) The Secretary to the Ministry in charge of Foreign Affairs shall attend the meetings of the Security Council attended by the Minister under 3 (b).

The Council may invite any other person who it deems necessary to attend the meetings of the Security Council and to assist the Council.
There shall be a Secretary to the Security Council appointed by the Security Council.
The Security Council shall regulate its own procedures.

Subject to the decisions of the Security Council, the Minister shall be responsible for the conduct of Defence Policy.
There shall be established a Defence Ministry Board. (hereinafter referred to as the Defence Board. The Defence Board shall consist of:-

(a) The Minister of Defence who shall preside
(b) The Deputy Minister of Defence
(c) The Secretary to the Ministry of Defence
(d) The Chairman of the Joint Chiefs of Staff Committee
(e) The Heads of the Army, Navy, Air Force
(f) The Comptroller
(g) The Additional Secretary in charge of Defence in the Ministry (if any) and
(h) The Director General of Intelligence Services.
(i) Any Officer gazetted under section 15.

The Defence Board shall consider and advise on matters pertaining to Defence Management.
The Defence Board shall supervise the implementation of the Defence Policy.
The Minister shall upon the determination of the Security Council, by Order published in the Gazette, establish under the appropriate name and style any one or more of the offices specified below and specify the powers and functions of such office and the qualifications for such office.

(a) The Head of Defence Logistics
(b) The Comptroller who shall be the Head of Defence Procurement
(c) The Chief Scientific Advisor
The Minister shall make regulations in regard to the functioning of the Defence Board.
(1) Subject to the direction of the Minister, the Secretary to the Ministry of Defence shall be responsible for Finance, Planning and Management in respect of Defence Policy.

(2) The Secretary shall act in consultation with the Chairman of the Joint Chief of Staff Committee. The Secretary and the Chairman shall be assisted by such members of the Defence Board as determined by the Secretary Council. There shall be established for the purposes of this Act a Joint Chiefs of Staff Committee (hereinafter referred to as "the Committee").The Committee shall consist of:

(a) the Chairman, who shall be appointed by the President on advice of the Cabinet of Ministers, who shall be serving officers of the Sri Lanka Army, Sri Lanka Navy or Sri Lanka Air Force not below the rank of …;
(b) the Commander of the Sri Lanka Army;
(c) the Commander of the Sri Lanka Navy; and
(d) the Commander of the Sri Lanka Air Force.

The Term of office of the Chairman shall be three years unless he vacates office early by death, resignation in writing submitted to the President or removed.
The President shall, on the advice of the Cabinet of Ministers remove the Chairman from office on the following grounds:

(a) reasons of ill health recommended by a Medical Board
(b) Disciplinary reasons after due inquiry;
(c) Inefficiency;
(d) Proven dishonesty or any other clearly assigned reason.
The person appointed as Chairman shall be below the age of sixty years at the time of his appointment and shall be eligible to serve the full term of the office.
Every new Chairman appointed upon the post of Chairman falling vacant, shall hold office for a term of three years.

Notwithstanding the provisions of section 20 the Cabinet of Ministers may, if it appears to them to be in the national interest during a time of war, conflict or breakdown of law and order,
(a) extend the period of office of the Chairman or
(b) make an appointment when the post becomes vacant of a
person over sixty years.

(1) The Chairman, whilst serving as Chairman of the Committee, shall hold the rank of General, Admiral or Air Marshal, as the case may be, and shall outrank all other officers of the armed forces.

(2) The Chairman shall not whilst serving as Chairman
exercise military command over the Committee or any one
of the armed forces.

The Committee shall subject to the directions of the Minister, have the power to:
(a) provide effective strategic direction to the armed forces;
(b) provide for the operation of such forces under an unified
control;
© provide for the integration of such forces into an efficient team of land, sea and armed forces;
(d) provide advice to the Government, in their capacity of
military advisors;
(e) provide training, particularly, at Joint service level;
(f) coordinate any United Nations Peace Support operations
required of the Armed Forces and ensure that they are
properly trained for the relevant purpose.

(g) ensure that the Armed Forces are trained to competent in communication and information technology and in all other aspects of relevant modern defence technologies;
(h) ensure that proper public relations are maintained by the Armed Forces.
The Committee shall prepare joint logistics and mobility plans in support of its operational plans including the armament and equipment requirements.

The Committee shall advice the Minister of manpower requirements in relation to the implementation of operational plans. The Minister may make regulations to give effect to the powers of the Committee under section 25.

The Committee shall prepare and periodically review contingency plans, effect efficient discharge of its functions:
(c) determine the manner and the time within which issues under consideration by the Committee shall be decided.

(d) require the preparation of joint logistics and mobility plans in support of the Committee's strategic plans and direction;
(e) prepare and periodically review, contingency plans;
(f) tender advice on critical deficiencies and strengths of the armed forces, in relation to the preparation of contingency plans.

(g) advice the minister on the manpower requirements in relation to the implementation of the strategic plans;
(h) formulate policies for the joint training of the armed forces (including training in communications and information technologies and defence technologies) and co-ordinate the military education and training of the members of such forces;
(i) in his capacity of principal military adviser tender advise on military; capability and the preparedness of armed forces;
(j) co-ordinate the operations of any United Nations Peace Keeping operations and ensure that the armed forces are properly trained to undertake such a task
(k) to co-ordinate with the Intelligence Units of the services and the national intelligence services of the country;

(l) ensure the maintenance of proper public relations by the armed forces.
There shall be a Joint Staff established under the Chairman of the Committee. The officers of the armed forces assigned to serve on the Joint Staff shall be selected as provided for in section 35, from among the members of the Sri Lanka Army, the Sri Lanka Army, the Sri Lanka Navy and the Sri Lanka Air Force, in equal numbers.
The Joint Staff shall function under the Chairman of the Committee and shall be subject to his direction and control. The function of the Joint Staff shall be to assist the Chairman and the other members of the Committee in the discharge of their functions under this Act.

The Commanders of the respective Armed Forces shall submit to the Chairman a list of names of the offices, from among the most outstanding officers of that armed force, who in their opinion are eligible to serve in the Joint Staff. The Chairman shall specify the number of officers who shall be included in such list. The Chairman and the respective Commanders shall agree on the criteria to be followed in the selection of officers to serve on the Joint Staff.

The Minister shall, with the approval of the Committee, select an officer of the rank of Major General, Rear Admiral or Air Vice Marshall to be the Director of the Joint Staff.
The Director of the Joint Staff shall exercise, perform and discharge, such powers, duties and functions as are assigned to him by the Chairman.
The Joint Staff shall not operate or be organized as an unit of the armed forces and shall not be vested with executive power.

The Minister shall ensure that the Joint Staff shall operate and be organized independently and that it shall at all times support the Chairman and Committee in the discharge of its functions under the Act.

There shall be established two separate Joint Commands designated as:
(a) Joint Operations Command
(b) Maritime Forces Command
The Minister shall with the concurrence of the Security Council make regulations relating to the functioning of the Joint Commands.

There shall be established under the Committee, a Defence Intelligence Staff to coordinate and control the intelligence of the Armed Forces.
(1) The National Security Council shall determine:
(a) the joint support services to be established under the Committee and the composition of each such support joint service.
(b) The force structure of each Combat Command and the rank and the manner of appointment of the Commander of each Combat Command.

(c) The composition of the De fence Intelligence Service.
The Minister shall make regulations to give effect to determinations under section 43.
The Commander of each armed force shall assign any force under his jurisdiction to each specific combat command established in terms of the provisions of section 40. The assignment of such missions shall be in accordance with directions which the Minister may issue in that behalf and be consistent with the prescribed force structure of each combat command.

The Chairman of the Committee shall be responsible for ensuring that activities of the commands are carried out in accordance with such directions as are issued in that behalf.

The Chairman of the Committee shall be entrusted with the task of controlling and supervising the operations carried out by any joint or specific combat command. In such an instance the Chairman shall be responsible to the Minister.
The Commander of a Joint Command shall be responsible for the discharge of the functions assigned to his command and shall also be responsible to the Minister for the overall performance of the missions assigned to his command.


The Commander of each Armed Force shall assign Forces under his jurisdiction to the Defence intelligence staff and any combined support service established under section 43.
(1) The Comptroller appointed under section 15 shall be
attached to the Ministry of the Minster in charge of the
subject of Defence.

(2) The Comptroller shall advise and assist the Secretary. The Comptroller shall exercise, perform and discharge the powers, duties and functions which the Secretary may from time to time specify. These may include:
(a) budgetary and fiscal functions and duties in so far as they relate to the functions of the Secretary;

(b) supervising and directing the preparation of budget estimates;
© establishing and supervising procedures connected to organizational and administrative matters;
(c) establishing and supervising procedures connected to the execution of policies and procedures relating to expenditure and the collection of funds, within the Ministry.
The Ministry may make regulations in respect of all matters which are required by this Act to be prescribed or in respect of which regulations are required or authorized to be made under this Act.
Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of publication, or on such later date as may be specified therein.

Every regulation made by the Minister shall, as soon as convenient after its publication in the Gazette, be placed before Parliament for approval. Every regulation which is not so approved shall be deemed to be rescinded as from the date of disapproval, but without prejudice to anything previously done thereunder.
Notification of the date on which any regulation is deemed to be so rescinded shall be published in the Gazette.

In the event of an inconsistency between the Sinhala and Tamil texts of the Act, the Sinhala text shall prevail.
Schedule: Amending the Army and Navy and the Air Force Acts in respect of:
(a) Powers and functions of the Commanders and
Compliance with the decisions of the Committee and the Chairman (under Clauses 5 and 8)
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