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Sunday 31 October 2021

 Sri Lankan cricket team refuses to take knee in support of Black Lives Matter

 


31 October 2021

Sri Lanka Cricket (SLC) has doubled down on a directive issued to players not to ‘take the knee’ in support of the Black Lives Matter, despite several other sports team routinely making the gesture including in the current T20 Cricket World Cup.

“It has been a long standing position of SLC that the players don’t participate in this gesture, and they have honoured that directive to date,” an SLC official told the Daily Mirror. “We expect that the players will continue honour that even beyond the World Cup.”

No further explanation has been given as to why the team will not be taking the knee. In the current tournament, players from several teams including South Africa, England, the West Indies and even India have been seen taking the knee before matches. The gesture has been replicated by sports men and women around the world in support of the Black Lives Matter movement.

Sri Lanka’s cricket captain Dasun Shanaka however reportedly said, “We’re not hoping to take any special stance because in Sri Lanka we live in harmony and as a team also, we have a strong bond amongst each other”.

His comments come as Sri Lanka however continues to face turmoil, with Tamil families of the disappeared in the North-East still protesting over the whereabouts of their loved ones, whilst the Sri Lankan state has continued to refuse to engage in any international justice or accountability mechanisms. Sri Lanka’s president also announced this that Sinhala Buddhist monk who was previously convicted over threats made to a disappearances activist and is notorious for his hate speech was to head a Presidential Task Force focused on achieving “One Country One Law”.

Report: Sri Lanka Human Rights Round Up, October 2021

  1. 01. OCT 29: President Rajapaksa issued an Extraordinary Gazette Notification declaring ports, railways, petroleum, the Central Bank, posts, health, and several services as essential services. The gazette has been issued in the background of growing dissent in the country against multiple failures of the government and privatization of important government assets.
  2. 29 OCT: United nations Special Rapporteur on Human Rights Defenders, Mary Lawlor releasing UN communication dated 17 August 2021 sent to the Government of Sri Lanka said that that Sri Lanka Government’s reply did not answer all questions raised in the communication. The communication has raised questions about threats to 4 HRDs, namely Sudesh Nandimal Silva, Senaka Perera, Tharindu Jayawardhana, Joseph Stalin.
  3. 29 OCT: A Police Intelligence and Special Task Force team that had secretly filmed a suspect to be released on bail was caught red-handed by a group of lawyers. Presidential Council Saliya Peris appearing for the suspect had sought protection for the suspect Kelum Indika Sampath as he was in danger. Moratuwa Magistrate Uddala Suwanduragoda has ordered police protection for him upon his release. Why he was filmed by members of the police remain unanswered.
  4. 29 OCTHealth authorities have sought the Attorney General’s advice on whether legal action could be instituted against those who refuse to take the anti-COVID vaccine. Medical experts said there were legal provisions to take such action.
  5. 28 OCTThe Human Rights Commission of Sri Lanka (HRCSL) said that it has decided not to give any recommendations over incidents at the Anuradhapura Prison where State Minster of Prison Reforms Lohan Rattwatte threatened to kill Tamil prisoners with his own pistol. Though 6 weeks has passed HRCSL has not concluded its investigation.
  6. 28 OCT: Counter Terrorism Investigation Division (CTID) based in Vavunia questioned social activist Kanagasabai Vimalathas for over 4 hours about his activities & social media presence. He has been asked of posts about LTTE in FB, Viber & WhatsApp.
  7. 27 OCT: An employee of the Save the Pearl organisation, Mohamed Sulthan told the Fort Magistrates Court that he was tortured to implicate detained Human Rights lawyer Hejaaz Hizbullah. Sulthan, who has been in detention for nearly 18 months under PTA is currently receiving treatment for his spinal cord injury at the Prisons Hospital and the court has ordered for a Judicial Medical Officer’s report.
  8. 27 OCT: President Rajapaksa appointed a 13-member Task Force on One Country One Law, headed by Galagodaaththe Gnanasara Thero. The PTF has been vested with making a study of the implementation of the concept “One Country, One Law” and make recommendations. Gnanasara Thero leads alt Sinhala Nationalist “Buddhist Power Force” and is a well-known anti Muslim rouble rouser who preaches an extreme version of Sinhala Buddhist nationalism. The PTF will fast track Sri Lanka’s slide towards majoritarian authoritarianism backstopped by militarization of government and governance, with deeply alarming consequences for Sri Lanka and Sri Lankans, said Centre for Policy Alternatives. Issuing a statement All Ceylon Jamiyyathul Ulama (ACJU) said that shocked and dismayed by the appointment of the said monk to lead the PTF.
  9. 09. 26 OCTThe Fundamental Rights petition filed by award-winning writer Shakthika Sathkumara challenging his arrest and detention over an allegation that he propagated religious hatred through a short story titled “Ardha” (Half) has been fixed for argument by Supreme Court. It will be taken up for argument in March 2022.
  10. 25 OCT: Activist and Inter-University Students’ Federation (IUSF) Convenor Wasantha Mudalige, in a letter, accused Senior Deputy Inspector General of Police (SDIG) – Western Province Deshabandu Tennakoon of threatening him via a phone call on the day of his arrest on 6 August 2021. ‘This time I won’t let any of you go. I’ll destroy all of you. You’re overstepping the mark. Be careful,” SDIG has threatened student leader via land line phone of the police station. Four student activists, including Wasantha Mudalige, arrested for alleged violation of Covid-19 guidelines while protesting is being detained. Next court date is 9 November.
  11. 25 OCT: The Attorney General served an indictment to former Western Province Governor Azath Sally for trying to create disharmony and disarray among different ethnic groups. A day after he was arrested on 17 March 21 Public Security Minister Sarath Weerasekera said that Azath Salley was arrested for links to the Easter Sunday suicide attack & the arrest was made by the CID following the instructions of the Attorney General. Now he has been charged for different offences. He is detained under PTA.
  12. 22 OCT: A collection of Tamil parliamentarians wrote a letter addressed to Chamal Rajapaksa, the Sri Lankan Internal Security Minister, asking him to put a stop to the “artificial alteration of the demographic pattern” of the Northern Province. They claimed that “this attempt to change the provincial borders have ulterior motive(s) to alter the demographic pattern and systematically weaken Tamils political strength.”
  13. 13. 22 OCT: Tamil National Alliance MP Sivagnanam Sritharan told Sri Lankan parliament that “39 Tamils were arrested in North-East during the last three months.
  14. 22 OCT: A Sri Lankan police officer was seen brutalising two Tamil citizens in Batticaloa, kicking one individual and dragging and slapping another individual on a motorcycle. The two Tamil men, Thissasekaram Dilip and Thillainathan Kalairasan from Chenkaladi, were attacked by a traffic police constable attached to Eravur police, for not stopping their motorcycle. (Video)
  15. 21 OCT: Former Sri Lankan Minister Patali Champika Ranawaka made a revelation in parliament, when he pointed fingers at the Criminal Investigation Department claiming they had tapped his mobile phone, including his WhatsApp phone conversations. He claimed that he felt this was happening after he was questioned on certain points by the CID in a recent interrogation.
  16. 19 OCT: The Public Security Ministry would introduce a piece of legislation to exonerate policemen automatically from any allegation of violating Fundamental Rights (FR) if and when the complaints against them by anyone are not inquired and concluded in six months, Public Security Minister Rear Admiral (retired) Sarath Weerasekara . Minister “seems to be more worried that 35 police officers who have been accused of violating fundamental rights of the citizens of this country and have not received their promotions, rather than the violations of fundamental rights which is enshrined in the Constitution of the country,” Daily Mirror Editorial said.
  17. 19 OCTGovernment is using the police to intimidate striking teachers, stated Joseph Stalin, head of the Ceylon Teachers’ Union. ” During the past few days policemen had been calling principals and teachers asking whether they would report for work on Thursday, Stalin said.
  18. 18 OCT: A politically motivated tirade based on unsubstantiated charges was launched against former head of the Crime Investigation Department Sharni Abeysuriya while he was coming out of Gampaha Magistrate Court. Abeysekera, who investigated major human rights violations was transferred, dismissed, and detained under Rajapaksa government. No action has been taken on the complaint he made regarding the verbal attack.
  19. 12 OCT: The Attorney General informed the Court of Appeal that the indictments filed against former Navy Commander Wasantha Karannagoda at Colombo High Court Trial-at-Bar in connection with the abduction of eleven persons will be withdrawn. The Senior State Counsel informed the Court that this decision is to be conveyed to the High Court in due course. Amnesty International issued a press released condemning the AG’s decision, captioned Sri Lanka: Authorities falter on accountability in ‘Navy 11’ case .
  20. 11 OCT: 17 organizations passionately committed to protect Child Rights formed ‘Child Protection Alliance’ in Sri Lanka, The Alliance’s first target is to request The Parliament to pass a bill on implementing judicial reforms on ending violence against children and implement the Supreme Court directive of February 2021 to unequivocally prohibit corporal punishment in Sri Lanka. Sexual abuse of children is on the rise in Sri Lanka.
  21. 10 OCT: Thushan Gunawardena, the former Executive Director of the Consumer Affairs Authority lodged a complaint with the Kirulapone Police regarding suspicious behavior by an unidentified group in a white van near his house. Gunawardena alleged that although he had complained to the CID about a month ago that he had received death threats, the police have not recorded any statement from him.
  22. 08 OCT: Government gazetted the Bill to amend the Code of Criminal Procedure Act, published in the Gazette on the 8thof October 2021.  It will open up a Pandora’s box of serious abuses. In essence what the Bill proposes is to allow Magistrates to dispense with the personal attendance in court of a suspect or accused. The same principle is extended to High Court Judges, including the right to dispense with the personal attendance of an accused even during trial. It will opened up Pandora box of abuses, claimed HRD Basil Fernando.
  23. 2304 OCTThe PTA will face some necessary amendments within the next six months. The Cabinet Subcommittee appointed to make recommendations with regard to this is done with almost 95% of its work, according to government sources.
  24. 03 OCTThe Editors’ Guild of Sri Lanka (TEGOSL) condemned the attempt by the Criminal Investigation Department (CID) to question three senior editors of newspapers and several journalists over articles published in their respective newspapers on the ‘Sathosa Garlic Scam’.
  25. 02 OCT: Model Chula Padmendra was asked to come to Criminal Investigation Department to record a statement. She was summoned to the CID to question about Keerthi Ratnayake, a journalist who is currently in custody. Keerthi, a defence and political analyst at Lanka e-News was arrested for allegedly giving information to the Indian Embassy in Colombo concerning a possible terrorist attack.
  26. 02 OCTI will have to take harsh measures against Unions or other groups who protest while the country remains open during the pandemic period, as the Minister of law and order for the well-being of the people. Day before Minister Weerasekara had said that in a televised interview that the authorities had been too soft on teachers who engaged in massive protests in July and August over unresolved salary anomalies and continue to boycott online teaching.

Compiled from the verified news reports published by English and Sinhala language media in Sri Lanka.

The end.

 Evidence of Sri Lankan crimes against Tamils is ‘overwhelming’ – Wayne Jordash QC on landmark ICC submission


 30 October 2021

World-leading expert in international rights and humanitarian law Wayne Jordash QC is calling on the International Criminal Court (ICC) and the UK to investigate crimes perpetrated against Sri Lankan Tamils.

“It’s crystal clear that the [Sri Lankan] government has been involved in a policy of persecuting the Tamils,” he told the Tamil Guardian in an interview this week. “The evidence is quite overwhelming that these crimes are occurring, and it is quite crystal clear from the 200 victims that we represent, that there are thousands, if not tens of thousands more.”

Wayne is the co-founder and managing partner of Global Rights Compliance (GLC) which, earlier this week, filed a submission under Article 15 of the Rome Statute, requesting the ICC Prosecutor to exercise territorial jurisdiction to initiate investigations into crimes committed in Sri Lanka. 

The Communication to the international tribunal names several senior Sri Lankan officials, including President Gotabaya Rajapaksa, defence secretary Kamal Gunaratne, former army commander Jagath Jayasuriya and others as individuals “responsible for crimes against humanity of deportation (through underlying acts of abductions, unlawful detention and torture), deprivation of right to return and persecution”.

The submission was made ahead of next week's UN Climate Change Conference 2021 in Glasgow and was also forwarded to the UK Metropolitan Police for action against President Rajapaksa and members of the Sri Lankan delegation attending the Conference.

Wayne has also worked as a legal representative to 400 Rohingya women, who are victims of crimes committed in Myanmar and Bangladesh. In 2018, he filed a submission to the ICC, on behalf of the victims, requesting the ICC pre-trial chamber to provide clarification of the ICC’s jurisdiction over the crimes of deportation, persecution, apartheid and genocide committed against the Rohingyas. 

Representing 400 women in Myanmar “was an inspiration for this”. “There are not many places where you can go and find accountability for them [Rohingya]and so, the ICC opened up a very narrow possibility,” he said.  “When I look at the situation of the Sri Lankan Tamils and the way in which they are treated by the [Sri Lankan] government and the way in which they leave the country, having been forced out through persecution and torture, it struck me looking at those facts, looking at those crimes and looking at the very narrow possibilities for justice for the Sri Lankan Tamils that we should try”.

When questioned on what he believed are the prospects of success of the ICC permitting an investigation into the crimes committed in Sri Lanka, Wayne answered that “this is the strongest communication I have submitted to the ICC”. “There is overwhelming evidence of the range of acts of abduction, unlawful detention, torture, deportation, deprivation of the right to return, persecution in the UK, persecution where the Tamils end up in another country seeking refugee status. There is no doubt that these crimes occurred, there is no doubt that they are continuing to occur. The question will be whether these men we allege are responsible, ..., are responsible and to what extent.” “I would say the evidence against them is really looking pretty strong,” he added. 

Biggest Challenge

Wayne explained the biggest challenge to the ICC and UK investigation being approved is twofold. Firstly, the UK will be “reluctant” to arrest one of the alleged perpetrators, Gotabaya Rajapaksa, due to his presidency.“On the basis of this evidence, ...the challenge will not be the evidence. The challenge will be whether we can get hold of the President.”

On a positive note, he then said that Gotabaya Rajapaksa “won’t be president forever”. “If we can encourage the UK to fulfil its obligations which is to investigate these types of crimes, whether they occur on the UK soil or not and when we can encourage the ICC to investigate crimes which occur in the Rome Statute signatory states, like the UK, then we can inch forward.”

As the second challenge, Wayne mentioned that ICC processes are “very slow”. They “take a very long time and tend to, because of a lack of resources, take even longer,” he said. “Justice is a long game.”

If the request to investigate is successful, what can the victims expect to happen next? 

The ICC Prosecutor would open up a full investigation which would include sending investigators to Sri Lanka and/or to the UK to start the investigation. “That’s what happens if the prosecutor is satisfied that there is a reasonable basis for believing that these crimes, crimes of deportation, persecution and deprivation of the right to return, have been committed,” said Wayne. 

“On the basis of the communication we filed, there is plenty of evidence. In my view, the prosecutor could move quite swiftly or should be able to move quite swiftly to a full investigation.” 


Message for the Tamil Diaspora

Economic engagement in the North and East could change political dynamics in  Sri Lanka 

The Global Tamil Forum, since its inception in 2010 has always propagated a negotiated political settlement in Sri Lanka. So, we have actively engaged politicians, civil society in Sri Lanka, externally, foreign governments, international organisations, forums, and all those engagements were to engage and negotiate a political solution for the Tamil grievances in Sri Lanka – Suren Surendiran, Spokesperson for the Global Tamil Forum


by Raj Gonsalkorale-
October 31, 2021

In an interview with Easwaran Rutnam published in the Daily Mirror on the 27th of October, Mr Suren Surendiran, the Spokesperson for the Global Tamil Forum based in the UK has said that there is more the Tamil Diaspora can do for Sri Lanka. This is true and it is a positive sign that greater political engagement might be in the offing. 

The GTF and other Tamil Diaspora organisations should however reflect on the strategy they have adopted so far (actively engaged politicians, civil society in Sri Lanka, externally, foreign governments, international organisations, forums - Mr Surendiran’s words), and question the success of that strategy todate. 

The acid test is whether the Tamil Diaspora activity has made Sri Lankan Tamils living in Sri Lanka more advanced economically, socially, politically, and whether they are safe in the country, particularly since 1983, when a section of the government organised a pogrom and drove hundreds and thousands of Tamils out of the country.

There can be a justifiable argument that other than many Western countries taking a hard line attitude towards Sri Lanka, and punishing Sri Lanka economically, and in international fora, this strategy has not helped the Tamils in Sri Lanka or for that matter, other communities in Sri Lanka. Direct political engagement with Sri Lankan governments by the Tamil Diaspora has been cursory at best, and Tamils in the North and East in particular continue to live with hardships faced not just by them, but by many people belonging to other communities as well. 

It is widely reported in the media that some young persons in the North and East are also engaged in the drug trade and /or have become addicts, and have become serious alcohol consumers using funds sent to them from overseas sources. This is not confirmed and it is not clear or established what these sources are, if indeed it is the case. If true, these developments are manifestations of frustration felt by many young persons in the North and the East, and it could well lead to developments that the region, and the country, would not wish to experience ever again.

In this regard, anyone who has the welfare of the people of the North and the East in mind should consider fresh strategies that would help the people living there and not leave them where they are now, and have been for a long time.

There is no debate that Tamils in the country faced untold misery in the hands of goons organised by sections of the then government in 1983. Mr Surendiran’s contention that a majority amongst the more than a million strong Tamil Diaspora didn’t leave Sri Lanka to look for economic betterment, but left because Sri Lanka ceased to be a safe place for them and they felt they were not treated equally, is absolutely true. When the State failed to protect some of its citizens, there is no equality or universal justice at all, and when in fact sections of the government itself organised the pogrom in 1983, it was a message that Tamils were not wanted in Sri Lanka. How could anyone challenge Mr Surendrans’ statement? 

However, since 1983, consequent to LTTE terrorism and eventually the war fought by them with the Sri Lankan Armed Forces, neither successive Sri Lankan governments, nor the powerful Diaspora have been able to usher in measures for a long term sustainable peace for the Tamis living in Sri Lanka, and achieve even a fraction of the economic success enjoyed by many Tamils living overseas. 

In general, Tamil Diaspora groups have projected an image that on the one hand they were supportive of the cause of the LTTE as it was their cause as well, but on the other hand, they did not support the violent methods used by them to achieve the objectives of that cause. For impartial onlookers it is difficult to see how these two could have been separated as it is known and documented that the LTTE was well funded by sections of the Tamil Diaspora. Given this situation, it needs to be acknowledged that engaging in meaningful discussions with the Tamil Diaspora would have been a difficult political task for successive Sri Lankan governments, at least until 2009.

To the best of the writer’s knowledge, no Tamil Diaspora group has openly disengaged themselves with or condemned the violent methods employed by the LTTE to achieve their objectives, certainly not till the end of the war in 2009. Some seemed have been of the opinion that means employed were for a justifiable end, and therefore they were justified and even inevitable.

A separate Tamil administrative region

In an answer to a question posed to him, Mr Surendiran was non-committal about how the GTF feels about Sri Lanka needing a separate Tamil administrative region similar to a separate Tamil state.  He said, quote “Like I said before, we do not want to prescribe a particular solution to the issues in Sri Lanka. We want to see a political solution that is negotiated between the parties concerned and the stakeholders involved to arrive at. So there is no pre-prescribed solution for the Sri Lankan problem as far as GTF is concerned”. Unquote.

This has not been the approach that the public has known about how the GTF will engage in political discussions with a Sri Lankan government. Neither has any other Tamil Diaspora organisation been open to discussions in a similar manner without some type of pre-conditions. This is different to the stand taken by the TNA even to date and other Tamil political parties in Sri Lanka who have always insisted on a North East re-merger and the full implementation of the 13th Amendment as starting points for a discussion. 

There is hope for a political settlement if the Tamil Diaspora, and hopefully the TNA and other Tamil political parties show a willingness to be open minded and consider different options as to how Tamils in Sri Lanka could be given a degree of self-determination within a united country and where they can be safe, and will be treated equally as other citizens in the country. From a broader political governance point of view, the Diaspora groups should give thought as to how the Tamil voice could be heard and taken note of at a national level if there is a serious desire to influence policy settings and governance at a national level.

What sort of role do you feel the Diaspora should play on the Sri Lankan issue? 

In answer to the above question, the GTF also gave some hints as to how the future could roll out, quote “by coming out of the country and living in foreign countries under democracy, freedom of speech, that kind of rule of law, having a free speech as you could imagine and also educating ourselves and becoming relatively wealthy. There is a whole series of things in capacity capability terms that the Tamil Diaspora, all the Diaspora, the Sri Lankan Diaspora can offer to Sri Lanka and to bring it up. The other thing is. We left Sri Lanka because we couldn’t live there or we felt unsafe to live there. Therefore, we feel that we still are stakeholders in matters that concern our people who are left behind in Sri Lanka. We did a little calculation about this proscription and what impact that is having on the Sri Lankan economy. We worked out roughly as a minimum USD 250 million to USD 300 million of income in foreign exchange that Sri Lanka could have had is being deprived because of this proscription. Right now, I think the forex reserve is about two and a half to three billion US dollars. That’s all Sri Lanka has. A 10 per cent of that could have come from the Diaspora. So that is the deprivation for the people that this kind of proscription and these postures that the government makes has a negative impact on the people of Sri Lanka and the economy. So there is a lot to offer from the Diaspora, particularly the Tamil Diaspora, unquote.

Mr Surendiran has hit the nail on the head here. Indeed, the Tamil Diaspora can do far more than the Sri Lankan government to help those Tamils living in the North and East of Sri Lanka. 

However, while he and other Diaspora groups argue for a political settlement first in order to intervene in the economic and social upliftment of the Tamil people living in the North and East of Sri Lanka, and consequently, that of all Tamils and other communities in Sri Lanka, through their engagement, it is worthwhile for the GTF and others to consider doing this in parallel, and not debate whether the egg or the chicken should come first, if the intention as stated, is to help the Tamils living in the North and East in Sri Lanka.

Many members of the Tamil Diaspora no doubt have the economic clout and contacts to invest in export oriented projects in the North and the East, and elsewhere, and provide economic opportunities to people in the region and help to uplift their economic and social status. Prosperity in the North and the East will result in Tamil political parties acquiring far greater strength and negotiation powers to even tilt the balance of power in their favour and thereby influence the outcome of a just political settlement. Economic power brings political power, and in Sri Lanka, what the Tamil people need is effective political power at the central level. Diaspora groups should consider for example, a situation where they control say 10-15% of the country’s foreign earnings, and the power they will have to be treated with equality and respect.

If the Tamil Diaspora is seriously interested in a political solution to this vexed issue, their strategy should shift to acquiring that power through economic power. As discussed earlier in this article, the strategies adopted so far by the Tamil Diaspora has only made some leaders within it to feel important in having access to world leaders and influencing international bodies, consequently, antagonising Sri Lankan governments, but also adversely affecting the Sri Lankan economy which affects all Sri Lankans including the Tamils in the North and the East. Mr Surendiran alluded to this in an indirect way stating that the Sri Lankan economy has been affected by $ 250 -300 million dollars as a consequence of the ongoing conflict, and readers might conclude that had the Diaspora tactics been different, and the approach of Sri Lankan governments was different, the country would have benefitted by this amount if not more.

The current tactics of the Tamil Diaspora has not addressed the situation faced by Tamils living in the North and East of Sri Lanka and in fact, has made it worse for them. It is time the Tamil Diaspora changed tact and placed importance to acquiring greater political power within Sri Lanka by strengthening their economic power in the North and the East through export oriented investments, educational opportunities, industrial and commercial establishments that link them to international practices. The world has changed a lot since 1983, and while the wounds suffered by thousands of Tamil people may never heal, the Tamil Diaspora can help Tamils living in Sri Lanka by garnering enough power to ensure they have a powerful stake in how the country is run in years to come.

If they continue with the current strategies and push for a political settlement as a pre cursor for engagement in economic and social development, it may not materialise as already hard positions of the Sinhala Buddhist majority may even become harder, and a government of whatever hue will find it extremely difficult to undertake negotiations with the Tamil Diaspora for a political settlement. Some cynics may take the view that this outcome of not having a political settlement might well be the real objective of the Tamil Diaspora, as a solution will weaken them, and even make them irrelevant in the absence of a cause to espouse and fight for.

 Torture victim accuses Police Scotland of strengthening Sri Lankan regime

File photograph.

 


31 October 2021

A Tamil man who survived torture by the Sri Lankan security forces before fleeing to Scotland earlier this year, has accused Police Scotland of backing a regime responsible for human rights violations in a piece published in the Sunday Post today.

The Tamil man, who had been studying in Edinburgh went to Sri Lanka after his father fell ill in August of this year. Whilst there, he says he was “grabbed from the street and put into a white van and taken away.

“I did not think I would see my wife and children, or the rest of my family, ever again,” he added.

“I did not believe I would survive after I was abducted off the street and taken blindfolded to a torture centre where I was beaten and abused day after day,” the man continued, telling of how he was branded with lit cigarettes and fell unconscious as his captors placed a petrol-dowsed plastic bag over his head.

“If my family had not found bribe money, I would have been killed,” he said after he fled to Scotland last month. “I can never return home.”

Now the survivor has spoken out against Police Scotland’s training of the Sri Lankan police.

“Your police may believe they are doing something to improve the way we are being treated in Sri Lanka, but our police and security forces are using them,” he said. “They are not interested in human rights.”

“If Scotland wants to help my people, stop providing police training and help feed Tamil families who have been forced into poverty because of the violent regime we are living under.”

Read more from the Sunday Post here.

The comments come as Tamils from across Britain make their way to Glasgow, to protest against the appearance of Sri Lanka’s president and accused war criminal Gotabaya Rajapaksa at the UN climate summit COP26.

The summit and Rajapaksa’s visit comes as Police Scotland’s training of Sri Lankan security forces has faced intense scrutiny.

Writing in The Herald this week, Wayne Jordash QC and Uzay Yasar Aysev of Global Rights Compliance LLP, called for Police Scotland to end their training programme with Sri Lanka following heaps of evidence highlighting human rights abuses. 

One Country, One Law. What is it? Why now?


Not consorting with fools,

consorting with the wise,

paying homage to those worthy of homage:

This is the highest protection.

Maha Mangala Sutta


by Rajan Philips- 

The gazette announcement that Ven. Galagodaaththe Gnanasara Thera will be heading a new Presidential Task Force to study “the implementation of the concept, One country; One law, and prepare a draft Act for the said purpose,” was more befuddling than it was shocking or infuriating. “It defies comprehension,” said The Island editorial on Thursday. Many also found the announcement somewhat hilarious while mindful of its ominous implications. The hilarity stems from this government’s seemingly unlimited capacity to be ridiculously irrational in political tactics, even as it is utterly incompetent on matters of policy. Comprehending the government’s actions is not the problem. Fathoming how far the consequences of those actions will go and how damaging they will be to the public good is the challenge.

With another three years to go before next pair of elections, it is virtually impossible to change the government. That is why I have been trying to suggest – changing the ways of the government, as a rational alternative. How can anyone suggest anything rational when the President seemingly out of the blues appoints Gnanasara Thera to head a presidential task force? That is why the gazette announcement has been generating more cynical laughter than outright condemnation.

When news about the newest task force broke out, a politically astute former Peradeniya Engineering Professor chimed in that regardless of ‘one country, one law,’ Sri Lanka is being dragged from a state of ‘one country, no law,’ to a new situation of ‘no country, no law.’ Another Engineering alumnus, paraphrased the old Colvin gem to coin a new one: ‘one law, two states’; two laws, one state.’ Then he cited the first stanza from Maha Mangala Sutta, where the Buddha counsels whom to consort with and whom to pay homage for “the highest protection.” There are higher mortals than I in Sri Lanka to say if Gnanasara Thera or his twelve Task Force followers are not the fools, but the wise, and worthy of homage by the President of Sri Lanka to secure for the state of Sri Lanka ” the highest protection.”

 

Easter Echoes

But it is not the protection of the state that is at issue now. It was the issue that was orchestrated to loom large between the Easter Sunday bombings in April 2019 and the presidential election seven months later, in November 2019. The echoes of Easter Sunday are still reverberating and that may be one of the reasons, if not the only reason, why Gnanasara Thera has been given a presidential platform at this time. To mount a counter pulpit to that of Cardinal Malcolm Ranjith.

Over the last two weeks Cardinal Malcolm Ranjith, his clergy and his laity have become vociferously critical of the government’s failure to meaningfully respond to their calls for accountability for the breakdown of security on Easter Sunday in 2019, on the one hand, and for justice for the victims of the Easter attacks, on the other. A Presidential Commission of Inquiry appointed by former President Sirisena has produced a report running into six volumes including a whole chapter on recommendations. One of the recommendations is apparently to consider punitive legal action against the former President himself for negligence of duty and his failure to act on prior intelligence information about Easter bombings.

People have gone over this before. But they will keep going over it again, and again, so long as the government remains inactive and unresponsive. The Government’s inaction has been fuelling speculations about who knew what, who did what, and who failed to do what – before and on the day of the bombings. Rather than being transparent with information, the government has been trying to rain down the speculations. And it hasn’t worked.

To make matters worse, President Rajapaksa is reported to have told Cardinal Malcom Ranjith that he (the President) would become very unpopular if he were to act on the recommendations of the Presidential Commission. Herein might lie some clue to presidential thinking. Indicting people makes the President unpopular. So, he pardoned Duminda Silva to become popular. And the President’s popularity might be getting a real boost from his spineless Attorney General who is redefining his job as one of withdrawing indictments rather than arraigning criminals and trespassers.

With nothing working to stop the Catholics from making too much noise, the government has started letting loose the CID on them. Priests and activists are summoned by the CID to explain their public statements on the Easter tragedy. A Catholic Priest, Fr. Cyril Gamini Fernando, and a lay activist, Chirantha Amerasinghe, have become special targets after speaking out. The case of Fr. Fernando is unsurprisingly curious. He has been summoned by the CID on a personal complaint lodged by the Director General of State Intelligence Services. Fr. Fernando has asked for time and has pointed out if the Director General has anything to complain he should go to court instead of seeking police assistance. A smart and very legitimate move.

Ten years ago, Fr. Fernando may have been hauled up in a van and even ‘disappeared.’ Priests in the north have ‘been disappeared.’ Now, it might be just a little too difficult to bring back the old methods. Not with expatriate Sri Lankan Catholics joining the local clamour. And not with the Permanent People’s Tribunal beginning its hearings in The Hague on the case of the murder of Jamal Khashoggi, the slain Saudi journalist, and the murder of Sri Lanka’s Lasantha Wickrematunge. Stand implicated in the two cases are the Saudi Crown Prince and Sri Lanka’s former Defence Secretary.

 

Vistas of Despair

It is against this broader backdrop that the setting up a new Presidential Commission headed by Gnanasara Thera ‘defies comprehension.’ But it makes sense when the appointment Gnanasara Thera is seen as a counter challenge to Cardinal Malcolm Ranjith. Whether or not it is the calculation of either the President or his congenitally ill-advised advisers, the new Task Force will give an official platform to Gnanasara Thera. And it will not be long before the two religious pulpits confront each other at the country’s political centre. Sparks are going to fly. It is not a question of who among the two is going to get burnt more, but how many others will be unnecessarily caught in the fire.

The government may be overlooking another detail. Cardinal Malcolm Ranjith is not the old ‘Latin Bishop’ of the 1960s, but a Catholic prelate who is also a consummate exponent of the culture and nationalism of the Sinhalese. He cannot be dismissed as the missionary of an alien faith and he can articulate the essences of Sinhala culture far more eloquently and pleasingly than anyone in the government or anyone in the President’s new task force, including Gnanasara Thera. If that is the game that gets to be played by the new task force, it will be revealing to see how the national audience shapes up in responding to the Catholic Cardinal and the President’s new Task Force Head.

Apart from being a counter pulpit to the Cardinal, what else are Gnanasara Thera and his twelve Task Force apostles going to achieve by undertaking the “study of the implementation of the concept, One country; One law, and prepare a draft Act for the said purpose.” The concept of the dog, as the old saying goes, doesn’t bark, let alone bite. So how is the concept of one country, one law, going to be implemented – to make it bark, and even bite? We can stay tuned for the Task Force’s monthly reports and its magnum opus by February 28, 2022.

In the meantime, the onus is on all the other task carriers and the more enlightened supporters of President Rajapaksa to help us make sense of his latest precipitous action. The onus is specially on the Committee of Experts incubating the new constitution. How are they going to find common ground, or even reconcile, between their labour for constitutional law and Gnanasara Thera’s one law voyage to discover nothing? Will one telescope into another? Or will it be for the President to set up another t-force or committee to integrate the two outcomes?

Just days before being thoroughly blindsided by the President’s task force gazette announcement, Foreign Minister GL Pieris took it upon himself to announce that the Experts Committee work on the constitution has been completed and that it will be presented to parliament in January 2022. That effectively rules out the possibility of the committee’s experts taking a second look at their own role and potentially withdrawing themselves from the committee. They have all the reason to do so after the announcement of the One Country-One Law Task Force. The constitutional experts cannot be unaware of the spate of resignations by other principled experts and professionals from their high-post placements in public service. Nor can they be unaware that history will smile on them very approvingly if they were to join the high-post professionals and resign. The country will be spared of an unnecessary new constitution.

There was a string of resignation announcements last week – by the heads of the State Pharmaceutical Corporation, Consumer Affairs Authority, and the Paddy Marketing Board. Whether they are fleeing a sinking ship or escaping from ethical torture makes no difference to the obviousness of the government’s desperation. The announcement of the One Country-One Law Task Force is a clear symptom of desperation. There are no more vistas of splendour. Only vistas of desperation. And a shipload of (un)organic manure from China.

The Eviction & Return Of The Northern Muslims & The Question Of Coexistence


By Shreen Abdul Saroor and Mahendran Thiruvarangan –

The eviction of Muslims caused a serious rupture in the coexistence of Tamils and Muslims in the North. The Tamils in general could not dissociate themselves as a group from this heinous act or condemn it openly when it was unfolding perhaps due to fear of reprisals from the LTTE. Small groups of Tamils, however, pleaded with the LTTE to stop the eviction but their pleas did not move the LTTE. Now when a section of the evicted Muslims is in the process of resettling in Jaffna and have begun to stabilise themselves in socio-economic terms, the doors to a renewed coexistence are slowly opening. A genuine process of coexistence can begin only if the members of the Tamil community are willing to interrogate, even belatedly, their narrow nationalism and their silence in the face of the LTTE’s militarism which allowed the LTTE to commit an act of ethnic cleansing. The coexistence of Tamils and Muslims in the North depends largely on how these two communities work together in addressing the challenges the returning Muslims are faced with. This piece is an attempt to reflect upon the question of the return, the social, economic and political challenges the evicted Muslims face in their resettlement and their implications to ethnic coexistence in the North.

Since the civil war’s end in May 2009, northern Muslims have started returning in substantial numbers. But many Tamils who remained in the North have not welcomed their return. Political and economic rivalries between Tamil and Muslim communities persist. Northern Muslims are disappointed that government authorities pay little heed to the needs of returning Muslims and give preferential treatment to resettled Tamils. Senior government officers, for instance, are said to under-quote Muslim returnee numbers, which significantly reduces the allocation of resources and the development support required for resettlement. When confronted over this perceived bias, government officers in the North respond that Muslims are already ‘well-settled’ in Puttalam, so the government’s priority should be on the war-affected Tamils. It is certainly true that the plight of war-affected Tamil civilians remains distressing especially in the Vanni. A decade after the end of the war, many still lack land, housing and other basic needs and continue to struggle for truth and justice in a dangerous, militarised space. These needs are critical, but addressing them should not forestall northern Muslims’ right to collective return. The suffering the two communities experienced during the civil war, instead of alienating them from one another, should lead them to empathise with one another and commit themselves to pluralistic coexistence.

On one occasion, when journalists asked Tamil government officers and religious leaders about claims that returning northern Muslims have not received adequate assistance, the leaders responded that the Muslim community had not returned in any significant way and that only a few had returned to engage in trade. In a dismissive, unsympathetic tone, these leaders stated that the Muslims are keeping one foot in Puttalam and one foot in the North. While it is true that some Muslims do not want to return to the North, their desire to maintain their connections in Puttalam reflects the obstacles that impede their resettlement. With their lands overtaken by jungles and made uninhabitable, people cannot be expected to leave completely the places where they have lived for 30 years before new homes and livelihoods can be established. Not only is there no basic infrastructure but they are also not welcomed by government officers or even neighbours. Most of the Tamils, after 30 years of separation, do not recognise their former neighbours. A new generation has grown up amidst the war which has no memories of the coexistences of Tamils and Muslims in the North. The few (mostly in Mannar) who received decent resettlement assistance have been able to return mainly owing to the political patronage of a former minister. For new families that return, accessing their lands and providing decent schooling for their children are daunting enough, leave alone the challenges in accessing livelihood assistance and jobs.

Mistakes Upon Mistakes

Although the LTTE faced heavy criticism for their act of ethnic cleansing, the LTTE leader Velupillai Prabhakaran was conspicuously silent on the issue during the peace negotiations of 2002-2005. At a press conference in 2002 during the peace talks, the late Dr. Anton Balasingham, the political ideologue of the LTTE, with the LTTE leader V. Prabhakaran on his side, stated that the LTTE had already apologised to the Muslims for the eviction. However, Dr. Balasingham’s statement sounded hollow and tokenistic at a time when Muslims were facing severe obstacles to their resettlement in the North. Further, none of the parties engaged in talks — including the Norwegian mediators — were willing to recognise the right to collective return of the northern Muslims as one of the primary conditions for establishing normalcy in the North. This was the main reason for the low rate of return of expelled Muslims in comparison with Tamil internally displaced persons (IDPs) who returned during the 2002 peace process.

When international delegations inquire with the government about the plight of northern Muslims, they have been told that the evicted Muslims no longer want to resettle in the North and that their desire to return to the North now stems from business opportunities or a desire to sell their properties. A few non-Muslim religious leaders go so far as to say that if all of the expelled Muslims were now to return to the North, it would alter the ethnic composition of the area. They spuriously suggest that Muslims being outside the war zone and the religious proscriptions among the Muslims against birth control have combined to create a boom in the Muslim population over the last 29 years, thus making a full return an unfair burden on Tamils who remained and suffered through the war. Such claims reeking of chauvinism highlight the extent of the challenge northern Muslims face in seeking justice. They indicate that a section of the Tamil civil society too is actively involved in constructing the ‘returning Muslim’ as the over-populating, outsider-Other that poses a threat to the existence of the Tamils in the North.

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A child’s guide to cryptos, crypto mining and blockchain – Part II

The scarcity of bitcoin relative to the demand for it by speculators had caused its value in terms of the US Dollar to rise in the market phenomenally


 Monday, 1 November 2021 

Whiz-kid in economics, Aseni, and her grandfather, Sarath Mahatthaya, have been probing into the new world of cryptocurrencies, how they are created, and the system under which they operate. They have found that the first cryptocurrency in the modern era was created by International Monetary Fund in 1969 when it issued an artificial currency called Special Drawing Rights or SDR. Private individuals entered the cryptocurrency world in 2009 when a new crypto called bitcoin was created with an advanced operating system named the blockchain. The fast popularity of bitcoin and the enormous profit opportunities it offered to participants induced many others to enter the field. The result was the proliferation of cryptocurrencies competing with each other on one side and with natural currencies issued by sovereign governments on the other. The scarcity of bitcoin relative to the demand for it by speculators had caused its value in terms of the US Dollar to rise in the market phenomenally. For instance, when it was issued in 2009, its value was just 10 US cents. But today, one bitcoin is traded on average at $ 60,000 down by $ 4,000 a few days ago. As such, bitcoin has failed to keep to its promise of delivering a stable-value currency to the world. They continued their discussion of the subject:

 

Aseni: Some of the readers who have read our discussion have asked some questions about bitcoin and its operating system blockchain. One reader had asked three questions. One question relates to your saying that currencies should be issued in correct amounts, neither more nor less if their value is to be kept stable. Since the market price of bitcoin in term of US dollars has increased tremendously, his question was whether it has been issued too much or too few. He had further clarified his question. In other words, whether it is above or below the correct amount. What is your response to this question, Grandpa?

Sarath: It is good that these readers are asking questions. We should encourage them to do so. It gives us an opportunity to further clarify the issues. It also helps other readers to learn of the true facts. The fact that someone is asking questions means that that person is on alert and with us. It is an essential feature of any productive learning environment. 



The shortage of bitcoin in the market has arisen not from its supply side but from its demand side. Like any commodity, money also has a demand and supply. The demand for a commodity is driven by the end use of that commodity either for consumption or for use as an input for further production. But the demand for money is not guided by this principle. We demand money because it helps us to buy a commodity which we can consume, allow us to face unexpected emergencies, or engage in a kind of a gambling which economists call ‘speculation’. It is the duty of the money issuer to supply money to meet these demands. If the demand is less than supply, there is an excess supply that leads to a series of adjustments in market prices. 

One such price is the interest rate. If there is an excess supply, interest rates will fall prompting people to buy more goods because money is now cheaper. That will lead to an increase in the prices of these goods if their supply is not increased to match the demand. This is what we know as price inflation. In this case, we need more money to buy a given unit of a commodity. In other words, the value of that commodity goes up and that of money goes down. 

The opposite will happen when money is not supplied relative to its demand. The relative shortfall in money supply will lead to an increase in the interest rates, fall in the demand for goods, and a corresponding decline in the price of those commodities. You can buy a given unit of a commodity with a less amount of money. In other words, the value of that commodity goes down, that of money goes up. 



The demand for bitcoin is mainly driven by the speculative motive of people. They think that in the future its value in terms of US Dollars will increase. This leads to an artificial demand for the crypto. But the supply of the coin is controlled by the restrictive conditions imposed by its creators. As a result, we can say that the supply of bitcoin is below the correct amount. That is why its value is not stable, and on the increase. 

Aseni: What this means is that the demand for bitcoin is user-driven, but its supply is regulated by a machine. That machine is not responsive to the developments in the market. As a result, when the demand is driven by speculators, the non-responsive supply creates a shortage. As long as this speculative motive is the guiding principle, there will always be shortages of bitcoin, leading to its price increase in terms of the US Dollars. This is clear enough to me. I hope it is the same for the reader who has raised this question. His second question also relates to what you said about bitcoin deflation last week. He says that Milton Friedman has said that price deflation occurs when a commodity is oversupplied. He asks whether the bitcoin deflation occurred because it has been oversupplied. How do you answer that question?

Sarath: This reader has asked this question because he has mistakenly identified money for a commodity. As I have already said, a commodity is a real thing which people can consume or use as an input for further production.

For instance, you can eat an egg. But the very same egg can be used as an ingredient for baking a cake as well. Money is not a real thing. Economists call it nominal because it is just a notion which we have in our heads. It is an imaginary thing. One of its utilities is that it will help us to buy an egg. Therefore, it is just an agent. A medium. Therefore, its value moves in the opposite direction of the value of a commodity. As a result, when the value of a commodity increases or inflation of a commodity occurs, the value of money falls. In other words, you need more units of money to buy a unit of a commodity. The opposite will occur when the prices of commodities fall or are subject to deflation. In this case, you can buy more units of commodities for a given unit of money. 

Bitcoin is not a commodity but a kind of money that must be used to buy usable real commodities. Since its use as a medium of exchange is not widespread, it should be first converted to US Dollars to buy other goods. It is only in El Salvador where bitcoin has been elevated to the status of legal money. In all other countries, the US Dollar is the link currency. For instance, bitcoin commanding $ 60,000 in the market is worth Rs. 12 million in Sri Lanka at the current dollar-rupee rate. As a result, when the dollar is subject to price inflation, bitcoin is subject to price deflation. 

A bitcoin is split into 100 million sub-units where a unit is called a Satoshi, named after coin’s creator. In 2009 when Bitcoin was introduced, one unit was equal to 10 US cents. In terms of dollar, one dollar was equal to 10 bitcoin or BTC 10. In terms of Satoshis, a dollar was equal to one billion Satoshis. Today, BTC 1 is equal to $ 60,000 or only 1,667 Satoshis. In other words, the price of bitcoin has fallen or as we say, subject to deflation. 

To get an idea, we can compare bitcoin’s buying power in Sri Lanka to further illustrate this point. Suppose a loaf of bread is equal to Rs 70. Since a bitcoin, now at $ 60,000, is equal to about Rs. 12 million, a bitcoin can buy about 171,428 loaves of bread. If dollar inflation occurs so that a bitcoin is now equal to $ 100,000, at the current dollar-rupee rate, a bitcoin is equal to about Rs. 20 million. In terms of bread, it is about 285,714 loaves of bread. When we express it in Satoshis, the price of bread has fallen from 583 Satoshis to 350 Satoshis. Since this has happened due to dollar inflation, bitcoin has been subject to deflation. 

Aseni: I now understand it. When the price of a commodity is expressed in terms of units of money, if that number goes up, there is price inflation of the commodity. But at the same time, the money value goes down and it is subject to deflation. The very same reader has asked whether bitcoin is a commodity. You have already said that bitcoin is money, and it is not a real thing like, say, an egg. Therefore, it is something which we just imagine in our head. If bitcoin is a commodity, we should be able to consume it like an egg or use it as an input for further production. But we cannot do it and we should first exchange a bitcoin for a commodity and then consume it. Am I correct, Grandpa? 

Sarath: Yes, indeed. Most of us make this confusion thinking of money as a commodity. It is not so. Money cannot be directly consumed and therefore should be converted to a consumable commodity. If this cannot be done, there is no reason for us to have money. So long as there is stability in the value of money, we have full trust in it, and we keep money with us because we can use it to buy usable real commodities. Therefore, our desire to keep money comes from our ability to convert it to real commodities. This means that our demand for money is derived from our demand for real commodities. This is equally valid for bitcoin too.

Aseni: Grandpa, some readers have suggested that Sri Lanka can get out of its present foreign exchange problem if all the rupees printed by the Government are converted to bitcoin. They have a point because the value of bitcoin in terms of US Dollars is increasing all the time due to the short supply of the currency. If we print, for example, Rs. 12 million, and use it to buy one bitcoin today, if its price goes up, say, to $ 100,000, we can convert it to Rs. 20 million at the current exchange rate. It will bring a clean profit of Rs. 8 million which amounts to 67%. Isn’t it a good idea, Grandpa? 



Sarath: The problem with that suggestion is that it involves speculation. An individual can engage in speculation and make profits or incur losses. It is one of his private affairs. But a nation cannot do that. There are several reasons for that. It is not proper for a nation to engage in speculation like an individual. If the speculation turns sour, the nation stands to make losses. There is no way to recover those losses. Therefore, the interest of a nation in bitcoin is not its potential for making speculative profits or losses, but its ability to serve as a reserve currency. Bitcoin has so far not been able to make a mark in this sense. 

A reserve currency, in addition to serving as a medium to buy goods and services from other countries, offers a method of storing its wealth, an accounting unit to keep its records, and repay your debt. When you learned your basic economics, these are what you were taught as the main functions of money. In fact, for anything to become money it should satisfy two conditions. One is, it should be generally accepted. The other is it should serve these functions.

Bitcoin was introduced as a peer-to-peer payments token without going through a middleman like a bank. Its speculative element came much later when people realised that its supply is controlled mechanically. Therefore, right now, bitcoin does not offer an alternative to a reserve currency like the US Dollar which is a fully-fledged currency. As we have mentioned in our previous discussion, there is no liability holder of bitcoin. For instance, in the case of the US Dollar, there is an economy of $ 22 trillion that backs it, and gold reserves that covers up to 23% of the dollars issued. If people do not accept bitcoin as a token of payment, the holder is doomed.

There is another reason why Sri Lanka cannot convert its rupees or foreign exchange balances to bitcoin.

Aseni: What is this other reason that prevents Sri Lanka from converting its rupee balances or foreign exchange balances to bitcoin?

Sarath: That is because we have to buy bitcoin from the market. The current price of a bitcoin in rupees based on its dollar value and rupee-dollar rate is about Rs. 12 million. However, sellers quote a price of Rs. 14 million to Rs. 15 million by adding a premium of 20-30%. If we are to buy bitcoin by using rupees, there should be sellers who are willing to accept rupees as payment. That number as well as the amount available is limited. Therefore, by printing rupees, we cannot buy bitcoin in the required volume. It is a dream.


Buying bitcoin for dollars or any other reserve currency is a non-event given Sri Lanka’s present precarious foreign exchange situation. When individuals buy bitcoin, they have to use their credit cards, debit cards, or a system like PayPal which in turn uses those cards to make the payment. Banks have limited this amount to $ 200 to $ 400 per week. Even then, customers should wait in a long waiting list to have the dollars released. In a market you cannot do so. If they buy dollars from the black market, the price goes up by a minimum of 25%. For instance, a bitcoin will cost about Rs. 18 to 19 million. Even for a speculator, it is not a price worth because to make profits, the dollar value of bitcoin should increase to about $ 90,000. 

The nation cannot do it at all today. Its foreign reserves have been negatived from around May 2020. From August 2021, even the foreign reserves of the Central Bank have been turned negative. Thus, Sri Lanka does not have any foreign exchange left with it to go for a speculative type of investment. That is why I said that it is a non-event. 

Aseni: This is revealing, and I hope all those who had asked questions got their answers. Let’s continue this interesting conversation. 

(The writer, a former Deputy Governor of the Central Bank of Sri Lanka, can be reached at waw1949@gmail.com)