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Protect rights of migrant workers
More than a billion US dollars a year is sent as remittances by Sri Lankan migrant workers, which now represent the country's biggest foreign exchange earner. That's something the government is proud of and zealously guards this valuable resource.

But is enough being done to protect the rights of the female migrant worker who often is subject to abuse, long working hours and sometimes delays in the payment of salaries?

Governments claim to set up all kinds of schemes for the benefit of migrants like non-taxed remittances, welfare for children of migrant workers and now an exclusive lounge for them at the Colombo airport. These are all fine but that doesn't still get rid of one nagging problem - protecting their rights at the workplace.

The tragic case of 41-year old Somalatha Satharasinghe who went to Kuwait as a domestic helper in May but returned in a coffin with parts of her brain missing along with other organs like the bladder, corneas and kidneys shocked many Sri Lankans (see extensive story in the Plus section of this newspaper) and illustrated how the authorities have failed miserably in caring for our people.

Government officials say labour receiving countries are not ready to enter into bilateral agreements with the Sri Lankan government despite intensive lobbying by Colombo. "We can't push those governments to enter into such agreements because it is Sri Lankans who are benefiting from these jobs," one official explained.

This gives it every reason why - if the government keeps promoting labour migration to earn foreign exchange - different ways of ensuring the rights of our workers must be studied and recommended by a tripartite committee representing the Sri Lankan government, migrant workers and employment agents.

A high-level committee with such representation should be appointed immediately to undertake this task. While this is a right for our valuable human resource, it is unfair for governments, present and past, to reap the monetary benefits without taking care of migrant workers at that end. The government must stop passing the buck. Some officials for instance referred to the recent demonstration by migrants over Satharasinghe's case as an "emotional outburst."

Remittances from migrant workers may have ousted garments exports and tea from their pedestal but these sectors get much more benefits from the government and banks. It is only now that the Central Bank is allowing commercial banks to provide dollar-denominated housing loans to migrant workers while the latest proposal is to set up a specialized bank for migrants. Everyone is aware of the facilities and concessions that industries like garments and tea get but what of migrant workers? Is it because they are not tagged as an industry and used by governments as an easy source of foreign exchange and conveniently forgotten since they come from not-so-important backgrounds?

Reports that Bangladesh would lift the ban on its women going abroad to work as domestics in the Middle East is also creating a lot of concern among employment agents here but appears to have not upset government authorities.

The repercussions are enormous as our story on the previous page shows. Job losses, falling foreign exchange revenues and so on. Migrant workers need some protection in their workplaces and the government needs to act now.


Upper Kotmale Project : Objections raised by environmental groups valid, but huge discount factor may affect the sustainability of development
Delay may cost taxpayer dearly
By Sellakapu S. Upasiri de Silva
(The writer is a Chartered Quantity Surveyor and a Construction Cost Consultant living in Sydney, Australia.)

St. Clair falls

While researching for my doctoral thesis on "Effect of Discounting on Environmentally Sensitive Major Projects in Developing Countries" I had the privilege of researching the Samanalawewa Dam Project and the proposed Upper Kotmale Dam Project. My thesis explored the practicability of applying social discounting and economic parameters in cost-benefit analysis for sustainable projects in developing countries where the environment is a sensitive issue.

I am not writing this article to support the Ceylon Electricity Board (CEB) or to denounce the Central Engineering Consultancy Bureau (CECB), but to prove that the CECB has failed in their endeavours to support their proposal, the Yoxford and Lindula Scheme. I believe that the Upper Kotmale Dam Project should be allowed to go ahead irrespective of environmental and other concerns for the economic good of the country.

It is on record that some senior engineers and the CECB were responsible for raising the initial objections to the CEB Upper Kotmale dam proposal by submitting a counter proposal. But the objections raised by environmental groups over the use of the "10 percent discounting factor" (by the funding authorities) was the key issue, according to Treasury officials, for President Chandrika Kumaratunga to suspend the project, pending a complete report on the environmental issues raised by the environmental groups. The objections raised by the environmental groups were very valid, and a huge discount factor may affect the sustainability of any development.

Golden opportunity
Most developing countries like Sri Lanka are forced to depend on borrowed capital to undertake major public projects, and the investment proposals to these Third World countries may invariably include higher discount rates, much more than the expected social rate of discounting. But in most cases the discount rate used in most cost-benefit analyses are very critical for the social profitability of large environmentally sensitive projects like Upper Kotmale Dam Project.

In reality cost-benefit analysis never considers the catastrophic environmental consequences of the future, when the future is discounted by using an average 10 percent discount rate. If we discount a project by 10 percent then "we ignore our grandchildren or at least we ignore them by 10 percent per annum".

That is common occurrence in Sri Lanka and many other Third World countries, as investments are forced down our throats, in the name of economy and political survival.

Former Chairman of the CEB Mr. Arjun Deraniyagala sought my help to analyse the environmental damage from the proposed Upper Kotmale Dam Project, and to propose a reasonable discount factor to be discussed with the project lenders. But the director in charge of the project, Mr. Fernando, had other ideas and was not so keen for me to analyse the environmental damage due to this discounting factor.

So the CEB lost a golden opportunity to argue their case with some expert opinion. During this period the CECB was pressurising the Central Environmental Agency to reconsider their proposal as an alternative to the CEB's proposal and the CEB was getting ready for a lengthy battle.

Is the CECB really keen to preserve the environment by proposing this alternative design or is their motive to get the hefty commission from the project? The CECB ignored one crucial aspect of the funding arrangements for this major project, (i.e. the 10 percent discount factor imposed by the lenders) in pushing the government to accept their proposal. Any professional should question the motives of the CECB. Did the CECB act in good faith as true professionals and patriotic engineers in submitting an underestimated, incomplete design as an alternative design proposal or were they trying to stall the project?

The Environmental Impact Assessment Study of the Upper Kotmale Hydro Power Project was subjected to a public hearing held in February 1995.

After the public hearing, the Technical Evaluation Committee of the Project Approving Agency granted environmental approval of the project. However, the Central Environmental Authority (CEA) refused to concur with this decision due to pressure exerted on them by the CECB and other external sources and a request was made for the project proponents to study the alternatives.

Because of this appeal and the refusal by the Secretary of the Ministry of Transport, Environment and Women's Affairs to approve the project in its original format, the CEB was forced to examine alternative proposals submitted by the CECB that included the Yoxford/Lindula Scheme.

As directed by President Kumaratunga at a meeting held in the Presidential Secretariat on March 1996, the proposal submitted by the CECB under the tutelage of Dr. A.N. Kulasinghe, the then Chairman of the CECB, was subjected to a very thorough study.

The senior engineers of the CEB expressed their concern about accepting this proposal as they had very serious misgivings in dealing with the CECB during the initial construction stages of the Samanalawewa Project as sub-consultant (sub-contractors) to the consultants.

Samanalawewa
I am forced to discuss the Samanalawewa Dam Project while discussing the Upper Kotmale Dam Project in this article, as the similarities and the environmental sensitiveness of both these projects are entangled around each other with one common denominator - the CECB acting as consultants.

The recorded (written) documents of the Samanalawewa Project gives ample evidence to prove that the CECB as sub-consultants to the main consultants erred in their professional judgement in providing the "Duty of Care" to their employers, the CEB and the Government. The CECB Chairman's letter in June 1992, to the then Minister, the late Gamini Athukorala, states that: "It has been reported that some detailed site investigations of the right abutment were proposed to be carried out during 1986, but they were never carried out".

The CECB requested this geological survey of the right abutments in 1986 of the new site, where the Samanalawewa Dam is now constructed (as per CEB documents). Why?

The CECB as sub-consultants did not pursue this site investigation as they were bound to do so under their consultancy agreement without waiting for six years to report it to the Minister. It is the duty of the consultants and the sub- consultants to pursue and see that the contractor successfully completed all their instructions.

If the detail site investigation was carried out in 1986, the root cause of all present problems (of leakage of stored water) from the Samanalawewa Dam Reservoir and reduced capacity to produce the planned power output could have been avoided. Can this be a reason for the CEB to move away from the CECB without burning their fingers again?

The scope of the study of the CECB proposal included an extensive field survey of the Yoxford/Lindula scheme to investigate the geological and topographical conditions of the proposed site, the existing environment and to identify the potential environmental impacts of this proposal. The study was also subjected to verification of the design capabilities (system design), hydrological analysis to ascertain the power generation capabilities, analysis of cost estimates, construction plans, economic viability and evaluation of technical, financial and environmental impacts.

Adverse geological conditions, a limestone layer of two-metre thickness exposed at the foundation levels of the proposed dam site, reservoir area and the power house locations for the Yoxford Scheme make this scheme unsuitable. (Samanalawewa Dam is now constructed on a similar limestone bed having similar adverse geological conditions. This is the main reason for the leak of water from the Samanalawewa Reservoir and wet blanketing and other repairs becoming very difficult). This scheme was rejected due to many geological defects. The Lindula Scheme intake is also not suitable for a dam due to adverse geological conditions.

Construction cost
Cost estimates clearly indicate that the Yoxford/Lindula Scheme is not a cost-effective design and the tax payers will be burdened with $200 million more than the (CEB proposed) Upper Kotmale Dam project if accepted, including an additional cost for treatment of the lime stone layer.

When a major project like Kotmale Dam is analysed, distribution of the cost and the benefits expected from the project is considered along with the time horizon. But the discount factor or the discount rate is a choice for the investor. The selection of the discount factor has given rise to much controversy among developers, politicians and the environmentalists on many occasions. Selection of different rates can force the net present value to be larger, smaller or even negative.

To illustrate this theory, consider the Samanalawewa Dam Project, which has involved a very high initial cost at the construction stage as well as a very high cost in running repairs to bring the dam up to a functional position (Rs. 2 billion lost without any measurable results). However the selection of a very high discount rate of 10 percent and a very defective procurement system will drive the present value of distant future benefits to near 'ZERO' thus making the project not feasible from an economic standpoint for both the country and the investor. If a relatively low discount rate was chosen the project should be feasible because the future benefits remain relatively unaffected.

To sustain our cultural heritage and secure the benefits of (present) developments for our future generations, all new development projects should be discounted using relatively low or affordable discount rates. But, for a poor country like Sri Lanka, negotiating a low discount rate is impossible as we are forced to depend on external investors for our social, economic and political survival. In a situation like this, where our survival is dependent on external borrowings, we should not be very complacent about the environmental damages due to the use of very high discount rates.

It is my professional view that Upper Kotmale Dam Project, if handled correctly, can be successfully completed as a sustainable project irrespective of the discounting factor. Economists and the economy play a bigger role in sustaining our environment than the environmentalists.

Thondaman's objections
Minister Arumugan Thondaman's objection that relocating 768 families may affect the environment of the area and the plantation, should not be a reason to delay this project any further. During the construction of another hydro project in the Hatton area the entire town including the Hindu kovil and the Buddhist temple were relocated.

Such relocation of people for national economic prosperity and development of infrastructure happens all over world. It benefits the entire population. Is Thondaman genuine in comparing the plight of 768 families against the welfare of 18 million people who will benefit from this project? What about the economic gains this project will bring to the people of up-country electorates during the construction?

At the time the Upper Kotmale Dam project was planned many years ago the cost of the project was less than $150 million. In 1993/4 the cost increased to $260 million and by the end of 1995 it increased to $293 million. Today the cost is $380 million (Rs. 35 billion). The local investment on the project will be $83 million. The Japanese soft loan of 33 billion yen will accumulate interest due to the strong yen and the unequal parity in the exchange rates.

Use of defective and contract documentation to procure this contract may increase the construction cost by 350 to 400 percent at the conclusion of the contract (based on the Samanalawewa contract). This cost increase may be due to design variations, construction variations, and uncontrollable risks emanating from the condition of contract, mismanagement, unprofessional contract administration and corruption. In addition to these costs the contractor is eligible to claim delay cost due to the suspension of this project. This claim may include loss of profit, delay cost and other costs due to non-performance of the contract. All these additional costs will raise the completion cost to over one billion dollars.

The Samanalawewa Hydro Power Project never proved to be a sustainable development. It savaged the environment so much the entire district felt its adverse effects for many years during construction. It is still not producing the expected benefits.

Mahaweli a disaster
Sri Lanka undertook many large projects in recent years, some with disastrous results. Two projects (out of many) which created financial and environmental disasters are the Accelerated Mahaweli Scheme and the Samanalawewa Hydro Electric Project. Construction projects are estimated to be completed within an 'optimum' time period with an optimum cost. If this optimum time period is changed to complete the project in a 'minimum' or a 'maximum' time period, then the proprietor/client is subject to heavy penalties and mammoth cost escalations. Some countries call this acceleration as 'fast tracking' to gain time from the proposed programmed time.

If the project is required on a given date and will accumulate large economic benefits, then fast-tracking is profitable. The economic benefits we gained from the accelerated Mahaweli Project are not quantified against the vast cost of completing the project. If acceleration of the project has not yielded any real benefits as expected then it is a waste of taxpayers' money. Some parts of the accelerated scheme are still to be completed.

Fast tracking originated in the USA for NASA to meet the accelerated completion time of the first 'moon' rocket. But due to corruption and bad administration of the project, the US Congress was forced to abandon this fast track system, and resort to normal 'optimum' construction methods.

Now, it is mandatory to get the approval of the Congress for any fast track projects. Nevertheless, by fast tracking the Mahaweli Scheme, Sri Lanka spent billions of rupees for a very limited economic gain. The extra cost incurred for this project should have helped the authorities to construct another Mahaweli Scheme and many more hospitals to treat people.

To accelerate or to fast track a project is like opening the floodgates of corruption. The time gained by accelerating a project is not economical if the final completion cost is not compatible with the time gained.

After researching for many years on environmentally sensitive projects, it is my professional opinion that, if we go to preserve the environment (I am an environmentalist) the poor people in Sri Lanka will die of hunger as our economy is fast deteriorating.

Sri Lanka should mitigate environmental damages in development projects like the Kotmale Dam Project to achieve environmentally sustainable development.

Our bargaining power with the Western moneylenders is very minimal to be able to borrow on our terms. But close co-operation with all 'stake holders' can overcome these environmental problems to a very satisfactory end. Prime Minister Ranil Wickremesinghe should give the green light to commence this project before the delay cost exceeds the estimated cost of this project.


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