The Easter Sunday attackers posing for a picture with their leader Zahran in the middle
By Rienzie Wijetilleke
Sri Lankans around the world remain bemused at revelations from the on-going investigation into the 2019 Easter Sunday attacks. The Presidential Commission of Inquiry (PCoI) has so far seen a roll call of former leaders and high ranking officials from the previous regime providing any number of vague excuses and abdicating responsibility for their inaction.
The former President, who is now a member of the ruling party and was the Minister of Defence and Commander-in-Chief at the time, must provide better answers than simply saying he was not informed. There is growing evidence that in fact he was informed. The former President has also stated that the Prime Minister was not invited to the National Security Council meeting because he suspected the latter of leaking the contents of the briefings to the press. This highlights the complete shambles of the previous government’s handling of the security apparatus. There was no cohesion, no alignment; there were only conflicting political agendas and the people are left to pick the pieces of their disastrous ineptitude.
The death toll numbers in the hundreds, but this is just the tip of the iceberg, as there are perhaps thousands affected. Every family that lost a loved one must still be suffering daily at not having them close when they go to bed at night or sit for a meal together. The dreams of so many young Sri Lankans were shattered, livelihoods vanished, and hearts were broken. There were multiple funerals per street in some areas of the country and the victims pain is only exacerbated by the new details emerging weekly from the PCoI sessions. They deserve real answers and tangible relief.
As per CNN, Indian Intelligence services passed on ‘unusually specific’ information in the weeks before the attack, gathered from an ISIS suspect arrested and interrogated on Indian soil. Sri Lankan officials were warned on 4 th April of possible attacks against Christian Churches and tourist spots; the same warnings were sent two days before the attack and two hours before the attack. The government did nothing, and this amounts to ‘willful negligence’.
The name Zahran Hashim was disclosed by a terror suspect and even appears on a memo dated April 11th signed by the Police DIG, stating that there was a possible threat from him and his organization, the NTJ. In fact, the police and intelligence services had been aware of the NTJ for over two years before the attacks.
Explosives had been uncovered in the Eastern Province and even linked to Islamic terrorist activities. In January 2019, in the North West of the country, in Wanathawilluwa near Puttalam, a group was arrested upon the detection of 100 kilos of explosives as well as other materials required for the manufacture of bombs. Hundreds of detonators, wire cords, rifles and ammunition as well as six 20 litre cans of Nitrate acid, which is banned in Sri Lanka, were also discovered. Why weren’t the country and its people put on high alert and warned of the dangers posed by religious fundamentalism?
The chemical Triacetone Triperoxide (TATP) is thought to have been used for the Easter Attacks. TATP is made from household ingredients such as nail polish remover and hydrogen peroxide. These items are supposed to be screened by police to prevent their purchase in large stocks. The operation to build the bombs was connected to the copper factory in Wellampitiya. We had read reports of militia groups operating with impunity in the Eastern Province. Some groups were vandalising religious monuments throughout the last few years. We know that radical Islam had taken hold of many parts of the Eastern Province. Radicalization and Arabization have been occurring in parts of the country, and what are the government proposals to prevent this from continuing? What are the implications of the spread of extremism for the question of devolution of power? Can the ordinary Sri Lankans trust local governments, given what has been brewing in the East?
Some of the barrels of explosive materials found near Puttalam had Indian markings on them. It should surprise no one that foreign influence played a key role in the radicalisation of the youth. Throughout the multi decade war against the LTTE, we remember how Western liberal democracies allowed ‘charity’ organisations to operate without sufficient controls, raising funds for terror activities in Sri Lanka. The President at that time, Mahinda Rajapaksa faced immense pressure from the international community to cease the onslaught against the LTTE. The President took decisive action at that time and deserves enormous credit for not succumbing to this pressure.
The Times of India (ToI) reported that Indian Intelligence had been studying the spread of Wahabism in Eastern Sri Lanka for some time. We have seen reporting of large charity donations emanating from Saudi Arabia and other parts of the Middle East and directly benefiting powerful politicians from the East. ToI also reported that the Eastern region of Sri Lanka could become an operational zone for terror groups such as Lashkar-e-Taiba (LeT), the organisation responsible for the 2008 Mumbai Attacks. LeT’s own charity organisation; Idara Khidmat-e-Khalq was active in Tsunami relief efforts in Sri Lanka and the Maldives in 2004. Another suspicious charity by the name of Falah-i-Insaniyat had been operating in the Eastern Province in 2016. Indian Minister Kishan Reddy stated that this organisation had been banned by the UN but still operated online.
Sri Lanka also must manage the optics of this issue very carefully. Already there is a circus related to the arrest and subsequent release of the brother of a prominent MP who was linked to the suspected terrorists. That same MP is now apparently under arrest for misappropriating funds in a separate case. People are asking a very valid question as to whether these two arrests are related in any way. What about the Governor and state officials of the Eastern Province, who allowed a terrorist outfit to organise and establish itself under their watch; shouldn’t criminal charges be brought against these officials?
A Muslim human rights lawyer, Hejaaz Hizbullah, with alleged links to two of the suicide bombers, was arrested several months ago on terrorism charges. However Human Rights organisations including the usual suspects, Amnesty International, have claimed that he is being detained without credible evidence under provisions of the Prevention of Terrorism Act (PTA). These same rights organisations have been lobbying for the removal of the PTA and for reforms in Sri Lanka’s state intelligence services. What role have they played in creating the conditions for the Easter Attacks? Sri Lankans have traditionally been quite suspicious of non-governmental organisations due to their perceived sympathy and support for terrorist surrogates. However, Sri Lanka, as a responsible member of the international community, must act with a level of prudence as its image is at stake. Sri Lanka has always been a victim of terrorism, but the Western-driven narrative, derived from multinational extra-territorial organisations seems intent on painting Sri Lanka as the belligerent in most cases. In the case of the Easter attacks, Sri Lanka and Sri Lankans were victims of violent extremism and we should not allow that narrative to shift once again.
Multiple officials from the Sri Lankan Police, Armed forces and Intelligence services have confirmed that the information was available and it was communicated to the highest levels. However, the former President and the former Prime Minister are simply saying they did not receive the security briefs. They are blaming each other and the state apparatus that was under their stewardship. There are thousands of Sri Lankan eagerly awaiting the truth about what happened in April 2019 and they will not take kindly to any administration that drags their feet on matters of such urgency. The authorities must expedite the inquiries. Officials in the security and intelligence apparatus have a duty to protect the citizens of the country. Which officials failed in their duty to protect, how did this failure occur given the information that was available and why was this information not acted upon? I urge the present government to charge all those high ranking individuals involved during the time of the Easter Sunday Attacks with manslaughter.
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Take Human Rights seriously, not so much the council or office
By Dr Laksiri Fernando
The 46th Session of the UN Human Rights Council started on 22 February morning with obvious hiccups. The Office, to mean the Office of the UN High Commissioner for Human Rights, finally decided to hold all sessions virtually online, only the President of the Council and the assistants in the high table sitting at the UN Assembly Hall in Geneva. The President, Ms. Nazhat Shammen Khan, Ambassador from Fiji in Geneva, wearing a saree, was graceful in the chair with empty seats surrounding.
In the opening session, the UN General Assembly President, UN General Secretary, UN High Commissioner for Human Rights, and Head of Foreign Affairs, Switzerland (as the host country), addressed remotely the session. In fact, there was no need for Switzerland to have a special place, as the UN is independent from any host country. Switzerland is fairly ok, however, if this tradition is followed, the UN General Assembly may have to give a special place to the US in New York.
UN General Secretary, Antonio Guterres’ address could have been quite exemplary if he gave a proper balance to the developed and developing countries. He talked about racism and fight against racism but did not mention where racism is overwhelmingly rampant (US and Europe) and what to do about it. Outlining the human rights implications of Covid-19 pandemic, he made quite a good analysis. It was nice for him to say, ‘human rights are our blood line (equality), our lifeline (for peace) and our frontline (to fight against violations).’ However, in the fight against violations, he apparently forgot about the ‘blood line’ or the ‘lifeline’ quite necessary not to aggravate situations through partiality and bias. He never talked about the importance of human rights education or promoting human rights awareness in all countries.
His final assault was on Myanmar. Although he did not call ‘genocide,’ he denounced the treatment of Rohingyas as ethnic cleansing without mentioning any terrorist group/s within. His call for the release of Aung San Suu Kyi and other civilian leaders undoubtedly should be a common call of all. However, he did not leave any opening for a dialogue with the military leaders or bring back a dialogue between Aung San and Min Aung, the military leader. With a proper mediation, it is not impossible. Calling for a complete overhaul as the young demonstrators idealistically claim might not be realistic.
High Commissioner Michelle Bachelet’s address was brief and uncontroversial this time without mentioning any country or region. It is clear by now perhaps she is not the real author of the Report against Sri Lanka, but someone probably hired by the so-called core-group led by Britain. Her major points were related to the coronavirus pandemic trying to highlight some of the socio-economic disparities and imbalances of policy making that have emerged as a result. The neglect of women, minorities, and the marginalized sections of society were emphasized. But the poor was not mentioned. As a former medical doctor, she also opted to highlight some of the medical issues underpinning the crisis.
Then came the statements from different countries in the first meeting in the following order: Uzbekistan, Colombia, Lithuania, Afghanistan, Poland, Venezuela, Finland, Fiji, Moldova, Georgia, Kazakhstan, Equatorial Guinea, Vietnam, Belgium, and Morocco. The obvious purposes of these statements were different. Some countries were apparently canvassing for getting into the Human Rights Council at the next turn perhaps for the purpose of prestige. Some others were playing regional politics against their perceived enemies. This was very clear when Lithuania and Poland started attacking Russia.
But there were very sincere human rights presentations as well. One was the statement by the President of Afghanistan, Mohammad Ashraf Ghani. He outlined the devastating effects that Afghanistan had to undergo during the last 40 years, because of foreign interferences. The initial support to Taliban by big powers was hinted. His kind appeal was to the UN was to go ‘beyond discourse to practice’ giving equal chance to the poor and the developing countries to involve without discrimination.
China’s Foreign Affairs Minister, Wang Yi, made his presentation almost at the end of the first day. This is apparently the first time that China had directly addressed the Human Rights Council. Beginning with outlining the devastating repercussions of the coronavirus pandemic he stressed that the world should face the challenges through ‘solidarity and cooperation.’ He broadened the concept to human rights solidarity and cooperation. His expressed views were quite different to the others, particularly to the Western ones.
He frankly said that what he expresses are the views of China on human rights without claiming those are absolute truths or forcing others to believe or implement them. There were four main concepts that he put forward before the member countries. First, he said, “We should embrace a human rights philosophy that centres on the people. The people’s interests are where the human rights cause starts and ends.” Second, he said, “we should uphold both universality and particularity of human rights. Peace, development, equity, justice, democracy, and freedom are common values shared by all humanity and recognized by all countries.” “On the other hand,” he said, “countries must promote and protect human rights in light of their national realities and the needs of their people.”
“Third,” he said, “we should systemically advance all aspects of human rights. Human rights are an all-encompassing concept. They include civil and political rights as well as economic, social, and cultural rights.” He then emphasized, “Among them, the rights to subsistence and development are the basic human rights of paramount importance.” Fourth, “we should continue to promote international dialogue and cooperation on human rights. Global human rights governance should be advanced through consultation among all countries.”
It was on the same first day before China, that the United Kingdom launched its barrage against several countries not sparing Sri Lanka. The Foreign Secretary, Dominic Raab, delivered the statement from top to bottom attacking alleged violating countries on human rights. But there was no mentioning of Israel for the repression of Palestinians or the systemic racism rampaging in the United States, including the 6 January attacks on the Capitol by extremist/terrorist groups.
His first sermon was on Myanmar without acknowledging the British atrocities or mismanagement of this poor and diverse country during the colonial period. He was quite jubilant over implementing sanctions and other restrictions over the country. Many sanctions, in my opinion, are extortions. Undoubtedly, Aung San Suu Kyi and other leaders should be released, and democracy restored. This is a task of the whole council and when one or two countries try to grab the credit, there can be obvious reservations of others.
His further scathing attacks were against Belarus, Russia, and China. Some appeared factually correct but not necessarily the approach or the motives genuine. The following is the way he came around Sri Lanka. He said,
“Finally, we will continue to lead action in this Council: on Syria, as we do at each session; on South Sudan; and on Sri Lanka, where we will present a new resolution to maintain the focus on reconciliation and on accountability.”
‘Action’ to him basically means repeatedly passing resolutions, of course imposing economic and other sanctions. He said, “as we do at each session”; like bullying poor or weak countries at each session. Can there be a resolution against Russia or China? I doubt it.
What would be the purpose of presenting a resolution against Sri Lanka? As he said, “to maintain the focus on reconciliation and on accountability.” This will satisfy neither the Tamil militants nor the Sinhalese masses. But it might satisfy the crafty Opposition (proxy of the defeated last government). This is not going to be based on any of the actual measures that Sri Lanka has taken or not taken on reconciliation or accountability. But based on the ‘Authoritarian and Hypocritical Report’ that some anti-Sri Lankans have drafted within the Office of the High Commissioner for Human Rights. This what I have discussed in my last article.
In this context, successful or not, the statement made by the Sri Lanka’s Minister of External Affairs, Dinesh Gunawardena, in rejecting any resolution based on the foxy Report of the Office of the UN High Commissioner for Human Rights, in my concerned opinion, is absolutely correct.
President’s energy directives ignored by the Power Ministry: Another Point of View
Dr Tilak Siyambalapitiya
Dr Janaka Rathnasiri laments (The Island 19 Feb 2021) that the Power Ministry has ignored the President’s directive to draw 70% of energy from renewable sources by 2030. I saw the approved costs of electricity production for 2019, published by the Public Utilities Commission (PUCSL).
PUCSL has also approved the prices to sell electricity to customers. Although various customers pay at various “approved” prices, the average income from such “approved” prices in 2019 was Rs 17.02 per unit. It is not only the Ministry, according to Dr Rathnasiri, ignoring the President; PUCSL is also breaking the law, which says prices and approved costs should be equal.
So there is already an illegal gap of Rs 21.59 minus 17.02 = Rs 4.57 per unit of electricity sold. If electricity prices are not to be increased, as stated by many in the government and PUCSL, let us say the following: Distribution costs should decrease by 0.57 Rs per unit. Generation costs should decrease by Rs 4.00 per unit.
PUCSL also published the approved cost of purchasing or producing electricity from various sources for 2019. The actual energy values were different to what was approved, but let us stick to PUCSL approved figures:
I suggest Dr Rathnasiri fills-up the following table, to show how much electricity will cost in 2030 to produce and deliver, if the President’s 70% target is to be achieved and for PUCSL to abide by the law. Let us assume that electricity requirement in 2030 will be double that of 2019.
Since PUCSL has to save Rs 4 from 13.92, the average selling price for energy should be Rs 13.92 minus 4.00 = Rs 9.92. With a target network loss of 7% (in 2019 it was 8.4%), the average cost of production has to be Rs 9.27 per unit. Eight cages have to be filled-up by Dr Rathnasiri.
In 2012, PUCSL approved the energy cost of electricity produced from coal power to be 6.33 Rs per kWh. In 2019, PUCSL approved 9.89 (56% increase). For renewable energy, it was 13.69 in 2012, and 19.24 in 2019 (a 40% increase, but double the price of electricity from coal fired generation). In 2012, rooftop solar was not paid for: only give and take, but now paid Rs 22, against Rs 9.89 from coal. There seems to be something wrong. The price reductions of renewable energy being promised, being insulated from rupee depreciation, are not happening? Either Sri Lanka must be paying too little for coal, or it may be renewable energy is severely over-priced?
On coal we hear only of some corruption every now and then; so Sri Lanka cannot be paying less than it costs, for coal.
Enough money even to donate
Another reason for the Ministry of Power to ignore the President’s directive may be the Ministry’s previous experience with similar Presidential directives. In 2015, the President at that time cancelled the Sampur coal-fired power plant, and the Ministry faithfully obliged. That President and that Prime Minister then played ball games with more power plants until they were thrown out of power, leaving a two-billion-dollar deficit (still increasing) in the power sector. Not a single power plant of any description was built.
Where is this deficit? You do not have to look far. In the second table, replace 24.43 with 9.89, to reflect what would have happened if Sampur was allowed to be built. The value 12.79 will go down to 8.55, well below the target of Rs 9.27 per unit to produce. Not only would CEB and LECO report profits, but the government too could have asked for an overdraft from CEB to tide over any cash shortfalls in the treasury. All this with no increase in customer prices. Producers of electricity from renewable energy could enjoy the price of 19.24 Rs per unit. And that blooming thing on your rooftop can continue to enjoy Rs 22 per unit. The Minister of Power, whom Dr Rathnasiri wants to replace with an army officer, would have been the happiest.
In the absence of Sampur (PUCSL’s letter signed by Chairman Saliya Mathew confirmed cancellation and asked CEB not to build it), PUCSL approved electricity to be produced at Rs 21.59 and sold at Rs 17.02 per unit. The annual loss would be Rs (21.59 – 17.02) x 15,093 = Rs 69 billion per year of approved financial loss. Sri Lanka has a Telecom regulator, an Insurance regulator, a Banking regulator, who never approve prices below costs. Sometime ago the telecom regulator asked the operators to raise the prices, when operators were proposing to reduce prices amidst a price war. But the electricity industry regulator is different: he approves costs amounting to 27% more than the price, not just once but, but continuously for ten long years !
That is 370 million dollars per year as of 2019, the economy is spending, and for years to come, to burn oil (and say we have saved the environment). Did the Minister of Health say we are short of 160 million dollars to buy 40 million doses of the vaccine? Well, being a former Minister of Power, she now knows which Presidential “order” of 2015 is bleeding the economy of 370 million dollars per year, adequate to buy all vaccines and donate an equal amount to a needy country.
Prices are the production costs approved by PUCSL for 2019. The selling price approved by the same PUCSL was Rs 9.27 per unit.
Confusion on NGOs and NSOs in Sri Lanka
If you listen to politicians and journalists here, you will hear of that curious creature rajya novana sanvidane, a Non-State Organization (NSO). Where do you get them? In the uninstructed and dead minds of those who use those terms. In the real world, where politicians and journalists have developed minds, there are Non-Governmental Organizations (NGO). The United Nations is an organization set up by state parties, not by governments. It is true that agents of states, governments, make the United Nations work or fail. Governments may change but not the states, except rarely. When Eritrea broke away from Ethiopia, a new state was formed and was so recognised by the United Nations. However, the LTTE that tried to set up another state was crushed by the established state that it tried to break away from, and the UN had nothing to do with them.
This entirely unnecessary confusion, created out of ignorance, is so destructive that organizations completely loyal to the existing state, are made to be traitorous outfits, for they are ‘non-state organizations’ within the state. There are citizens of each state, but no citizens of any government. Government is but an instrument of the state. In most states there are organizations, neither of the state nor of government: religious organizations including churches. But none of them is beyond the pale of the state.
Those that speak of rajya novana sanvidane give that name partly because they have no idea of the origin of non-governmental organizations. NGOs came into the limelight, as donor agencies, noticed that some governments, in East Africa, in particular, did not have the capacity and the integrity to use the resources that they provided. They construed, about 1970, that NGOs would be a solution to the problem. Little did they realize that some NGOs themselves would become dens of thieves and brigands. I have not seen any evaluation of the performance of NGOs in any country. There was an incomplete essay written by Dr. Susantha Gunatilleka. NGOs are alternatives to the government, not to the state.
Our Constitution emphatically draws a distinction between the government and state, and lays down that the President is both Head of Government and Head of State (Read Article 2 and Article 30 of the Constitution.) It is as head of state that, he/she is the Commander of the Armed Forces, appoints and receives ambassadors and addresses Parliament annually, when a prorogued Parliament, reconvenes. He/she presides over the Cabinet as head of government. The distinction is most clear, in practice, in Britain where Queen Elizabeth is the head of state and Boris Johnson is the Prime Minister and head of government. However, in principle, Johnson is the Queen’s First Minister appointed by the sovereign, and resigns by advising her of his decision to do so.
In the US and in India the term ‘state’ has special significance. In India there is a ‘rajya sabha’ (the Council of States) whose members represent constituent States and Union Territories. Pretty much the same is true of the United States. In the US, executive power is vested in the President and heads the administration, government in our parlance. The Head of State does not come into the Constitution but those functions that one associates with a head of state are in the US performed by the President of the Republic. The US President does not speak of my state (mage rajaya) but of my administration, (mage anduva). Annually, he addresses Congress on the State of the Union. Our present President must be entirely familiar with all this, having lived there as a citizen of the US for over a decade. It is baffling when someone speaks of a past state as a traitor to that same state. It is probable that a government was a traitor to the state. ‘Treason against the United States, shall consist only in levying war against them, or in adhering to their (States’) enemies, giving them aid and comfort’. That a state was a traitor to the same state is gobbledygook.
Apart from probable confusion that we spoke of in the previous paragraph, it is probable that a president and other members of a government, including members of the governing party here, find it grandiloquent to speak of his/her/their state (mage/ape rajaya), rather than my government (mage anduva) or Sirisena anduva’ and not Sirisena state; it was common to talk of ‘ape anduva’ in 1956; politicians in 1956 were far more literate then than they are now.
When translating from another language, make sure that you understand a bit of the history of the concept that you translate. A public school in the US is not the same as a public school in the UK.