Columns

• Govt. finds itself in a Catch-22 over Palestinian issue; under pressure to take a principled stand
• Speaker questioned after AG and Secretaries’ Panel say no-confidence motion can be moved against deputy minister; SJP vows NCM
• Govt. to launch nationwide anti-drug campaign; drug lords in custody cough up overdose of information; police pursue politicians who shielded criminals
• Easter Sunday attacks: President tells Lankans in New York that army officers are to be arrested soon

By our Political Desk

It was a memorable week for President Anura Kumara Dissanayake as he joined over 150 world leaders in addressing the 80th session of the United Nations General Assembly in New York. In an Assembly dominated by the ongoing humanitarian crisis in Gaza, the President, who completed one year in office just a day before he took flight to the United States, used the world stage to reiterate Sri Lanka’s commitment to Palestinian statehood and called for an immediate ceasefire in Gaza.

“We are deeply distressed by the ongoing catastrophe in the Gaza Strip. Gaza has been turned into an open prison full of pain and suffering, echoing with the cries of children and the innocent civilians. The United Nations Organisation and all related parties must work towards an immediate ceasefire; enable adequate humanitarian aid to these areas and ensure the release of hostages of all parties. We recognise the Palestinian people’s inalienable right to their own state,” he told the Assembly.

The President was echoing the sentiments of successive Sri Lankan governments on Palestinian statehood. Sri Lanka recognised Palestine as a state in 1988 and has consistently supported the inalienable rights of the Palestinian people and their right to an independent sovereign state based on the relevant United Nations resolutions.

President Anura Kumara Dissanayake addresses the UN General Assembly

The only problem with the President’s remarks was the failure to condemn Israel or even name it as the party responsible for turning Gaza into “an open prison full of pain and suffering.” Instead, what he said was, ‘We also believe that legal, security and humanitarian concerns of Israel and Palestinian people need to be acknowledged.”

There is some notable deception in the manner in which the JVP/NPP government has been handling the Palestine-Israel issue.

In September, when an air attack was launched on Qatar by Israel, the Ministry of Foreign Affairs issued a brief statement in which Sri Lanka expressed deep concern while warning it might “further escalate volatility and undermine regional security” and called for restraint and commitment to diplomatic dialogue.

In that too, Israel was not named as the party that carried out the attacks.

The government is in a Catch-22 situation where the Palestine-Israel situation is concerned. Sri Lanka has had full diplomatic relations with Israel since 2000, with an ambassador posted to Israel, while Israel’s embassy based in New Delhi is simultaneously accredited to Sri Lanka. Sri Lanka’s embassy in Tel Aviv provides consular services to thousands of Sri Lankans employed there. More than 20,000 Lankans work in Israel, and many more are lined up to take up employment, mainly as caregivers and in the agriculture and construction sectors, while the number of Israeli tourists travelling to Sri Lanka has been increasing rapidly. Hence, the Government is in a situation where it tries to balance relations with both countries, but given the unrelenting attacks on Gaza, the Government is pressured, like so many other countries, to take a more principled stand on this issue.

Other than his comments on the situation in Gaza, the President also highlighted Sri Lanka’s priorities in eradicating poverty, identified education as a decisive factor shaping the future of individuals and nations and the need for international action to address the global drug crisis. Corruption too took centre stage, with President Dissanayake stating that corruption is an obstruction to development and global well-being and a cause of poverty, stating that, “Fighting corruption is dangerous. But not fighting it presents even graver risks.”

The line about “Fighting corruption is dangerous…” by the Sri Lankan president in particular led to many online sleuths doing some quick checks to unearth that this particular line was part of a speech delivered by Rwanda’s President Paul Kagame in 2019 when he addressed the National Democracy Day Anti-Corruption Summit in his country. Even though this may be the case, such words need to be repeated to remind the world that the scourge of corruption remains alive and kicking, and hence President Dissanayake’s decision to quote a fellow world leader should be taken in the right spirit, though it would have been better had his speechwriter given the credit of the original quote to the Rwandan President.

The US trip also made for a photo opportunity for President Dissanayake with US President Donald Trump and First Lady Melania Trump when he attended the evening reception hosted by his US counterpart. The Lankan president also received the US Special Envoy for South & Central Asia, Sergio Gor, and discussed matters of mutual interest, including trade, commerce, tourism and investment, with a focus on further strengthening cooperation in these sectors between the two countries.

His other activities in New York included participation at an event led by President Emmanuel Macron of France and President Rodrigo Chaves of Costa Rica, together with leaders of over 60 member states celebrating the entry into force of the BBNJ Agreement (Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity of Areas Beyond National Jurisdiction), following its 60th ratification.

In addition to these multilateral engagements, the President also hosted bilateral meetings, accompanied by the Foreign Affairs Minister Vijitha Herath, in these meetings. These were with UN Secretary-General Antonio Guterres, Pakistan Prime Minister Shehbaz Sharif, Australian Prime Minister Anthony Albanese, and Portuguese President Marcelo Rebelo de Sousa. He also held a bilateral meeting with South Africa’s President Cyril Ramaphosa. Details of these meetings were not made public; however, an X post of the president said his meeting with the UN SG was a “productive discussion regarding the government’s initiatives to enhance Sri Lanka’s economic, social and political landscape” and that he valued the SG’s “comprehensive assessment and unwavering support”.

Apart from these bilateral meetings, the president also met with Sri Lankan expatriates in New York. He made some new disclosures regarding the investigation into the Easter Sunday terror attacks, stating that “one or two former army officers are to be arrested in the future” in connection with the 2019 attacks.

He said the ongoing investigations are focused on finding those responsible for the attacks, that past investigations into the attacks have been botched and hence fresh investigations are necessary.

“Politics is a main reason for the failure to find those responsible for the attacks. People suspected of being responsible for the attacks came into power soon after the Easter attacks. People suspected of being involved in the attacks were also found to be holding high-ranking posts,” he alleged.

He also took questions from the expatriates, though some complained they had language issues, before heading to Japan, where he is undertaking a state visit.

Controversy in Parliament over appointment
of Acting Defence Minister

Prior to his departure to the United States to attend the UN General Assembly, President Dissanayake appointed acting ministers to oversee four ministries during his absence. They were Anil Jayantha Fernando (Acting Minister of Finance, Economic Stabilisation and National Policies), Eranga Weeraratne (Acting Minister of Digital Economy), Aruna Jayasekara (Acting Minister of Defence) and Arun Hemachandra (Acting Minister of Foreign Affairs, Foreign Employment and Tourism). The appointment of Deputy Minister Jayasekara as Acting Minister of Defence again drew attention to the No-Confidence Motion (NCM) that the opposition had submitted against him in August, and which Speaker Jagath Wickramaratne announced on September 10 that he could not entertain in its present form as it was not in order. He claimed he made the decision after extensively studying the matter as well as by perusing two reports on the issue that had been submitted to him by the Attorney General and Parliament Secretaries’ Panel.

The Speaker’s explanation for rejecting the motion was that a deputy minister, though an MP, is not a member of the Cabinet and does not bear direct constitutional responsibility to the House in the present context. He added that there is no provision in the Constitution to bring an NCM against a deputy minister. Therefore, if he were to accept such a motion, it would establish an “undesirable precedent contrary to constitutional and parliamentary precedents,” the Speaker said at the time.

The main opposition, Samagi Jana Balawegaya (SJB), which had been spearheading the NCM efforts, had countered that the Speaker’s reasoning was flawed, as a deputy minister was part of the executive, pointing out that he or she could be appointed to serve in an acting capacity when the subject minister was unavailable.

In the wake of President Dissanayake appointing Mr Jayasekara as Acting Minister of Defence this week, the SJB raised the matter again as soon as Parliament met on Tuesday. Chief Opposition Whip Gayantha Karunathilaka cited the press release from the President’s Media Division announcing Mr Jayasekara’s name among the acting ministers. “When we submitted an NCM (against Mr Jayasekara), you refused to entertain it on the grounds that a deputy minister had no powers. We did not bring this motion due to any personal issue with Mr. Jayasekara. It was submitted in good faith. We would like to know whether at least now, you will accept our NCM as being in order,” Mr. Karunathilaka asked the Speaker.

The NCM against Deputy Minister Jayasekara, signed by 32 opposition MPs and submitted on August 12, cites serious concerns over a potential conflict of interest regarding the investigation into the Easter Sunday terrorist attacks, given the deputy minister was Commander Security Forces (East) during key incidents linked to the attacks, including the Vavunathivu police killings and the Sainthamaruthu explosion.

The SJB argues that the families of Easter Sunday victims cannot be certain of there being an independent, impartial inquiry into the attacks if Mr Jayasekara were to remain in his post. The opposition further demanded that the Speaker table the reports that had been submitted to him by the Attorney General and the Secretaries’ Panel.

On Thursday, explaining his decision, Speaker Wickramaratne referred to both the local and international parliamentary traditions on entertaining NCMs and stressed that in Sri Lanka at present, deputy ministers had been appointed under Article 46(1) of the Constitution to assist the Cabinet of Ministers. “However, the Ministers of the Cabinet of the present Government acting under Article 46(2) of the Constitution, have not delegated any power or duty pertaining to any subject or function to the Deputy Ministers. Nevertheless, I wish to place on record that the Deputy Ministers function in terms of Standing Order 32(2) on behalf of the Ministers, in compliance with Article 46(1) of the Constitution and read with Article 74 of the Constitution.” He added that incidental criticism of the conduct of MPs, or particularly of members in their capacity as office holders in the House of Commons, including the Speaker, is permitted only through a substantive motion and recommended that the House explore the possibility of bringing a substantive motion instead of an NCM against the deputy minister.

SJB MPs again voiced opposition to the Speaker’s explanation. Chief Opposition Whip Karunathilaka noted this was the first time in Parliament history that an NCM had been rejected by the Speaker. He again requested the Speaker to table the two reports that he claimed he had been guided by when making his decision. The Speaker said in reply that he would table the relevant reports.

Opposition says Speaker ignored reports
stating NCM can be entertained

Opposition MPs who went through the reports, however, insist that they do not contain any explicit reference stating that an NCM cannot be brought against a deputy minister. The Attorney General had opined that specific facts in the motion had no direct bearing on cases pending before courts. The Secretaries’ Panel, meanwhile, had submitted two reports to the Speaker. A detailed report had been submitted on September 3, while a further report had been submitted upon the Speaker’s instructions the following day, clarifying the matter further. A copy of the September 4 report provided by the Secretaries’ Panel comprising the Secretary-General, Deputy Secretary-General and Assistant Secretary-General of Parliament notes that there is no legal provision regarding a No-Confidence Motion against a deputy minister, according to the Constitution, the Standing Orders or the Westminster system. “If this motion is to be treated as a no-confidence motion, it would set a precedent of no-confidence motions against deputy ministers in the future,” states the report.

Accordingly, the Secretaries’ Panel has offered two options to Speaker Wickramaratne. As contained in the report, these options are as follows:

(i)    In Sri Lankan practice, there is no reference to censure motions brought against any office bearer. However, as per the Westminster system, a censure motion could be moved. Thus, if this motion is to be treated as a censure motion, it is recommended that the Hon. Leader of the Opposition in Parliament and other members concerned be informed to resubmit the motion with amendments to comply with the censure motion.

(ii) The Constitution of Sri Lanka provides provision only for a no-confidence motion against the government; however, Sri Lanka has practised no-confidence motions against individual ministers of the Cabinet of Ministers, the Speaker of Parliament and the Leader of the Opposition in Parliament. As such, a no-confidence motion may be moved in line with said precedence, considering that a deputy minister is an office-bearer.

SJB MP Ajith P. Perera says that when the Speaker made his initial announcement on September 10 refusing to accept the motion, he did not provide substantial reasoning or a valid legal argument for his decision. “Both the Attorney General and the Secretaries’ Panel had said there was no bar to proceeding with the NCM, yet the Speaker had refused to consider their opinions when he decided to reject the motion. “When we told him at the time that he had not provided any sound reasoning for his decision, he again tried to explain his decision on Thursday, but his reasoning was again confused. But he did table the reports we asked for, which showed that those he had consulted had advised him that the NCM could be accepted.”

SJB to submit NCM against Speaker

Mr Perera said the Speaker had violated Standing Order 76(1) of Parliament by issuing orders on the same matter twice, and that he had also acted arbitrarily by moving to reject the NCM against Deputy Minister Jayasekara, disregarding the opinions of the AG and the Secretaries’ Panel. Given this situation, the SJB has decided to submit its own NCM against Speaker Wickramaratne, said Mr Perera.

The NCM is being drafted. It is understood that aside from the move to reject the NCM against Mr Jayasekara, the SJB’s NCM on the Speaker will include several other charges against him. These include misuse of the Speaker’s official residence and its resources, which is already the subject of a complaint to the Commission to Investigate Allegations of Bribery or Corruption. Other charges include him allegedly illegally using another residence on Lauries Road, Colombo, and arbitrarily issuing a gag order preventing the broadcast of Independent Group MP Ramanathan Archchuna’s parliamentary speeches for eight sitting days without first subjecting him to an inquiry.

The opposition has repeatedly questioned the impartiality of Speaker Wickramaratne. He most recently drew attention over remarks he made concerning the Parliament kitchen, which he had described as filthy during a public event. He claimed no Public Health Inspectors (PHIs) or other health officials had been allowed to inspect food preparation in the Parliament kitchen over the past 40 years. He claimed there were traces of cockroaches and rodents in the kitchen. Opposition MPs have disputed the Speaker’s allegations concerning the Parliament kitchen and have deplored the embarrassment it had caused staff who are responsible for the kitchen. SJB MP Prasad Siriwardana conducted his own inspection of the Parliament kitchen this week and posted the images on his X account, stating that he found no evidence of rodents or unhygienic conditions as alleged.

Dr. Wickramaratne was elected to the role after former Speaker Asoka Ranwala stepped down from his post in December over the infamous scandal surrounding his educational qualifications. Mr Ranwala resigned amid a cloud hanging over a doctorate he claimed to possess from a Japanese university. Mr Ranawala, though, failed to provide documentary proof to back up his claim when questions were raised regarding the matter. He never admitted wrongdoing, and when he resigned, he claimed he would provide evidence to prove he possessed the doctorate as soon as possible. Yet, 10 months later, no such proof has been offered. Meanwhile, the silence of the NPP, which had staunchly defended Mr Ranwala amid the scandal and insisted he would provide documentary proof of his PhD, has been deafening.

Investigators probe alleged drug trafficker’s
political connections

The Government, meanwhile, is moving ahead with an aggressive campaign to counter narcotics trafficking in the country. The recent arrest of five of Sri Lanka’s most wanted drug traffickers and underworld elements in Indonesia, as well as the arrest of former police intelligence officer Sampath Manamperi over the discovery in Middeniya of two container loads of chemicals used to make crystal methamphetamine, also known as ‘Ice’, have been notable successes for law enforcement authorities over the past few weeks. The arrest of these suspects has led to a slew of arrests of their alleged associates and the seizure of more drugs, weapons and ammunition.

Manamperi, who was also a former Pradeshiya Sabha candidate from the Sri Lanka Podujana Peramuna (SLPP), is currently being questioned under a 90-day detention order after tests by the Government Analyst’s Department confirmed that most samples taken from the two containers contained chemicals used for the production of ‘Ice.’ A top source with knowledge of the investigation said that investigations conducted thus far into the suspect’s dealings have identified him as a major transporter of drugs and weapons for the drug traffickers arrested in Indonesia. The racket had been going on for some time and involved drugs and weapons being smuggled into the country on fishing boats. The traffickers had later expanded to setting up locations to produce ‘Ice’ locally with the aid of foreign nationals, using chemicals smuggled into the country. The chemicals recovered from the two containers in Middeniya were part of such a batch used to produce the drugs locally.

Investigators believe the racket had been going on using political patronage. They are continuing investigations into Manamperi’s political connections. The suspects are divulging a lot of information to investigators—sometimes too much for them to handle owing to a shortage of officers who have the necessary expertise in organised crime, according to this source. “It’s not like the police didn’t investigate such incidents in the past, but officers who did were swiftly transferred if they started to get to the bottom of the rackets. But this is not the case now, which is why we are seeing a lot of results,” the source further claimed.

Govt. to launch national anti-narcotics campaign

President Dissanayake is planning to focus on a national, island-wide anti-narcotics programme aimed at eradicating the drug menace to kick off his second year in office. Public Security Minister Ananda Wijepala confirmed that the programme will be launched next month and will cover all nine provinces in the country. It will be an all-encompassing programme that will involve the combined efforts of the police and tri-forces, the National Dangerous Drugs Control Board and many government ministries, including Public Security, Defence and Education. Provincial Councils and District Secretaries, Minister Wijepala said. This national anti-narcotics drive is set to be one of the major programmes under President Dissanayake’s leadership during the second year of his term.

Law enforcement agencies, meanwhile, are also engaged in extensive efforts to try and identify officers within their agencies who may have connections to organised crime. Mr Wijepala pointed out that a number of officers who have been identified as being connected to the underworld have already been arrested and pledged that all officers connected to such elements will be identified and rooted out. He claimed there were still corrupt elements within agencies such as the police and Customs who were connected to those from previous governments. “These elements are still connected to underworld criminals, and it is they who have been responsible for clearing containers such as the ones found in Middeniya. We can’t completely change these agencies within one or two years, but we will ensure that they are identified and dealt with,” he stressed.

SJB-UNP reunification efforts still on

The SJB, meanwhile, is still exploring the possibility of reuniting with the United National Party (UNP). Though Party Leader Sajith Premadasa was absent during the UNP’s 79th anniversary celebration last Saturday, the SJB was represented by three of its senior-most members—General Secretary Ranjith Madduma Bandara, National Organiser Tissa Attanayake and party stalwart Kabir Hashim. Mr Madduma Bandara said they attended the UNP celebration to show the party’s solidarity with the UNP and its leader, former President Ranil Wickremesinghe. “We are united in our efforts to work with the UNP. If anyone thinks our solidarity ended with the event last Saturday, they are mistaken. We intend to carry forward these talks,” he added.

Indian HC calls on MR

While the UNP and SJB are trying to move towards reunification, the SLPP is trying to galvanise its base with former President Mahinda Rajapaksa, who has now retired to his residence at Carlton House in Tangalle. There has been no shortage of visitors streaming into Carlton House to call on Mr Rajapaksa since the former president moved back in after he lost his official Colombo residence at Wijerama Road following the passage of the Presidents’ Entitlements (Repeal) Act. On Wednesday (24), Mr Rajapaksa had Indian High Commissioner Santosh Jha and his wife, Tanuja, dropping in. Mr. Rajapaksa hosted Mr and Mrs Jha and other high commission officials who came to call on him for lunch.

“The close bond between our two nations runs much deeper than a mere diplomatic relationship. It encompasses multiple sectors, including historical, religious, cultural, economic, and security ties. I believe that the current High Commissioner’s affinity for and knowledge of history will provide an exceptional contribution to further strengthening the existing cooperation between our two countries, rooted in our historical bonds,” Mr Rajapaksa said on his Facebook page, while sharing photographs of the meeting.

A source with knowledge of the meeting said the country’s current political situation was also discussed, though he declined to divulge more details. The Indian High Commissioner’s visit to call on Mr Rajapaksa follows that of Chinese Ambassador Qi Zhenhong, who called on the former president at his Wijerama residence on September 11 just before he left the residence after the law was passed for Carlton House.