Setbacks disputes
LFP ministers oppose PM’s proposed aw to set up wide-powered energy upply committee
offences, and limit the risk of forced confession through torture; Whereas the existing breaches of Human Rights in Sri Lanka raise concerns about the appropriateness of granting GSP + status while there is inadequate real progress according to international bodies; Whereas the Sri Lanka Government is suspected of not adequately tackling the culture of impunity by rewarding military officials accused of human rights violations with Government positions; Whereas a delegated act shall enter into force only if no objection has been expressed by either the European Parliament or the Council within two months of notification of the act; whereas it was agreed to extend that period by two months on 23rd January 2017; Objects to the Commissioner’s delegated resolution (2016) 8996; Instructs its President to forward this resolution to the Commission and to notify that the delegated regulation cannot enter into force; Instructs its President to forward this resolution to the Council and to the governments and Parliaments of the Member States. The issue of repealing the PTA, a condition of the EU, cannot be carried out within the EU’s May 14 deadline. As revealed last week, an amended final draft of the proposed Counter Terrorism Act has now been circulated among ministers. It will have to go to the Legal Draftsman again thereafter for incorporation of amendments suggested by the Parliamentary Oversight Committee and by a Committee headed by Law and Order Minister Sagala Ratnayake.
Already some provisions in the final draft have generated strong controversy. One is a provision relating to the word “unity,” which was in the original draft. The final draft says “in view of the vagueness caused by using the word ‘unity’ in this section the word ‘unity’ has been omitted in the opening paragraph and sub paragraphs. The text as presently contained includes offences which affect the “territorial integrity, sovereignty of Sri Lanka, or the national security or defence of Sri Lanka, or the security of the people of Sri Lanka.”
Other “substantive amendments” made to the previous version submitted to the Cabinet,” Premier Wickremesinghe has noted, are: Offences – In view of the vagueness of the previous definition of ‘terrorism,’ the definition has been amended, and is now a suitably modified definition of ‘terrorism contained in the Draft Comprehensive Convention on International Terrorism. Offence of Espionage – This offence has been omitted in view of Sri Lanka presently not having a National Intelligence Act. Curfew – This section has been amended so as to vest the President with the power to impose curfew (as opposed to vesting such power in the Minister). Armed Forces to perform Police functions – This provision has been omitted in view of the fact that the President already enjoys similar powers in terms of the Public Security Ordinance. One of the elements in the preamble to the final draft of the Counter Terrorism Act says it is also “for the protection of other countries and areas from the scourge of terrorism.” The inclusion, a security source said, would give the new law teeth to deal with Sri Lankans who are involved in terrorist activity in other countries or assisting those fighting in other countries through different means from Sri Lanka. The proposed Act empowers “Any police officer or any member of the armed forces or a coast guard officer,” to arrest any person who commits, or whom he has reasonable ground to believe has committed in his presence an offence in terms of this Act.
It is not practically feasible for the Legal Draftsman’s Department to incorporate new provisions to the final draft of the Counter Terrorism Act and have it ready before May 14, the EU deadline. Thus, a fresh application would mean that the Government would have to go through the process anew.
Other than the Government’s inability to meet the May 14 deadline set by the EU, the Sunday Times learnt that there has also been intense lobbying against Sri Lanka by Tamil diaspora groups and international organisations supporting them. They had intensified their campaign particularly after the Government won a two-year reprieve to further implement the US-sponsored resolution on Sri Lanka at the UN Human Rights Council in Geneva. It was co-sponsored by Colombo.
Another condition by the EU was amendments to the Code of Criminal Procedure. This is to make provision enshrining the right of a suspect to see a lawyer immediately after arrest. However, Justice Minister Wijeyadasa Rajapakshe took up the position then that a lawyer could see the suspect only after his or her statement has been recorded. The amendments were gazetted as a draft Bill. However, it has still not been debated in Parliament.
The imbroglio over the GSP Plus issue comes when ministers of the SLFP, for the second time, are opposed to new laws Premier Wickremesinghe wants to introduce in his capacity as Minister of National Policy and Economic Affairs. At the last meeting of the Cabinet of Ministers (on April 4), Anura Priyadarshana Yapa raised issue. Titled the Energy Supply (Temporary Provisions) Bill, the proposed law seeks to vest in the National Policy and Economic Affairs Minister wide powers in respect of “generation, transmission and distribution of an adequate supply of electrical energy, petroleum and other alternative energy requirements to meet the national demand for the next decade on emergency basis.” The provision of this proposed law is to be valid for two years.
Minister Yapa said there was no doubt an energy crisis was threatening the country. It was his view that the Ceylon Electricity Board (CEB) has not been alive to the seriousness of the issue and has been unable to take appropriate action. A power crisis next year caused by an energy demand may even lead to power cuts. However, the draft legislation presented by Premier Wickremesinghe had some features that disturbed some ministers.
There were two ministers, both SLFP, who were now in charge of the subjects of power and energy. The Minister of Power and Energy is responsible for distribution and supply of electrical energy. Petroleum and other alternative energy requirements come within the purview of the Minister of Petroleum Resources Development.
Yapa said that the draft law sought to not only ignore the role of the two ministers but had also left them out of a proposed Energy Supply Committee. Thus, he pointed out, that this eleven-member official Committee would make decisions and the two ministers in question would be required to carry them out. The eleven Committee members are the Secretary to the Ministry of National Policy and Economic Affairs, the Secretary to the Ministry of Finance (or his nominee), the Secretary to the Ministry of Power and Renewable Energy (or his nominee), the Secretary to the Ministry of Development Strategies and International Trade, the Secretary to the Ministry of Petroleum Resources Development, the Chairman of the Ceylon Electricity Board, the Chairman of the Ceylon Petroleum Corporation, an Energy Regulator (to be appointed under the new law), the Chairman of the Energy Committee of the Chamber of Commerce, the President of the Institution of Engineers and the Chairman of the Sri Lanka Sustainable Energy Authority.
SLFP ministers are to raise issue over the new law with President Sirisena. “If this becomes law, the two Cabinet Ministers dealing with petroleum and power will have no role to play,” said one minister. Another pointed out that this was similar to the Development (Special Provisions) Bill which was withdrawn amidst strong protests by them and the opposition. This proposed law sought to vest the powers of a number of ministries in the Ministry of National Policy and Economic Affairs but was later abandoned.
The proposed law delegates five different functions for the proposed Energy Supply Committee. They are: Take all steps to deal with issues of generation, transmission and distribution of electrical energy, petroleum and other energy requirements including sourcing goods and services. Deal in any manner with all forms of renewable energy resources. Purchase or otherwise deal with ancillary equipment such as electricity meters and prepare schemes for the purchase of such equipment by the private sector. Ensure the cost effectiveness of all aspects of the operations of the Ceylon Petroleum Corporation and the Ceylon Electricity Board. Conserve energy and promote other energy resources. To achieve the above purposes, the Committee’s objectives have been defined as: To ensure generation, transmission and distribution of adequate supply of electrical energy, petroleum and other alternative energy requirement to meet the national demand for the next decade; To regulate the provision of electrical energy, the petroleum supply and the utilisation of other energy resources. Now that President Sirisena has chosen to effect the ministerial re-shuffle after May Day, the suspense over who is getting what will continue. That is amidst worries over the economy and despite several positive statements by Government leaders that the GSP Plus is round the corner. In that backdrop, the tensions between the UNP and the SLFP is bound to exacerbate over the new Energy Supply Committee legislation with loud cries that two of the latter’s ministries are being emasculated. That is the political outlook ahead of May Day.