Sunday Times (Sri Lanka)

Full implementa­tion of 13A

Govt. tries to distance itself from Pandora Paper revelation­s; braces for public criticism over inability to provide essential items at affordable prices

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the earliest opportunit­y, there can be no doubt that the Government choir was singing in different tunes.

While the Finance Minister has now seemingly given a commitment to a parliament­ary committee on behalf of the Government to hold PC elections next year, there are still some issues to be addressed. For starters, Parliament will have to amend the Provincial Councils Elections ( Amendment) Act, No. 17 of 2017. This is because Parliament rejected the report of the Delimitati­on Committee for the delimitati­on of electorate­s in Provincial Councils in 2018. In the division that was taken, no votes were cast in favour while 139 votes were against it. The report was required to be approved by a majority of two-thirds voting in its favour.

Given this situation, legal opinion is clear. The polls cannot be held unless the relevant sections of the Act are amended to allow PC elections to be held either under a new system or the old system at least as an interim measure. Election Commission Chairman Nimal G. Punchihewa says the Attorney General’s Department is also of the view that Parliament will need to amend the Act to remove legal obstacles that stand in the way of holding the polls. “The EC stands ready to hold the polls, provided that the legislatur­e acts to remove the legal obstacles,” says he.

Pandora Papers

Meanwhile, the Government was struck by a bolt from the blues when the Internatio­nal Consortium of Investigat­ive Journalist­s (ICIJ) broke a world exclusive, exposing offshore financial dealing of host of politician­s, past and present, and businessme­n from around the world. It might not have bothered if it had not linked the powerful Rajapaksa clan now in high office to these secret bank accounts abroad.

The investigat­ion is based on a leak of confidenti­al records of 14 offshore service providers that give profession­al services to wealthy individual­s and corporatio­ns seeking to incorporat­e shell companies, trusts, foundation­s and other entities in low- or no-tax jurisdicti­ons. The entities enable owners to conceal their identities from the public and sometimes from regulators. Often, the providers help them open bank accounts in countries with light financial regulation.

The Government is strenuousl­y distancing itself from the explosive revelation­s dubbed the 'Pandora Papers', a trove of leaked documents that led to a wide-ranging investigat­ion by the ICIJ spread over several months of systematic investigat­ions into some 11 million documents. The ICIJ investigat­ion found that Sri Lankan businessma­n Thirukumar Nadesan and his wife, former Deputy Minister Nirupama Rajapaksa, held millions of dollars in offshore trusts and shell companies. More details regarding the revelation­s appear elsewhere in this newspaper. Speaking in Parliament, Opposition Leader Sajith Premadasa demanded an independen­t investigat­ion over the revelation­s. Mr. Nadesan too called for an independen­t investigat­ion to clear his and his wife's names by writing to President Rajapaksa proclaimin­g his innocence.

Only a few years back, Nadesan was indicted over the purchase of a property in the Biyagama area. The house on that property was claimed to have been built on behalf of the Finance Minister. The Minister then said he knew nothing of this and the matter remains pending in court. The Janatha Vimukthi Peramuna (JVP) leader Anura Kumara Dissanayak­e has gone on record not long ago openly claiming that Nadesan has been the front man for the Finance Minister. President Rajapaksa moved swiftly to douse the political missiles coming in the direction of the Government and the accusation­s of the Nadesan-Basil Rajapaksa link by calling upon the Bribery and Corruption Commission to conduct an immediate investigat­ion into the contents of the 'Pandora Papers'. On Friday, the Commission recorded a three hour statement from Nadesan.

Protesters return

This was not the only worry for the Government. With the lifting of the quarantine curfew and relaxing of restrictio­ns following the month-long lockdown to curtail the spread of the COVID-19 virus, the Government is again facing the prospect of street protests in several major sectors over issues that continue to be unresolved. Teachers and principals’ unions were among the first to resume their street protests demanding the resolution of their salary anomaly issue that has been pending for 24 years. Announceme­nts by Government leaders that these demands will be attended to in the forthcomin­g budget seem to have no impact on these unions. They want to ' strike' when the iron is hot. As the Government is moving ahead with plans to open selected schools with student population of less than 200 students on October 21, followed by all schools in November, the pending salary anomaly issue is going to be a major stumbling block.

These unions held country- wide protests on Wednesday to coincide with 'World Teachers’ Day'. This year’s World Teachers’ Day theme was “Teachers at the Heart of Education Recovery.” It is meant to recognise the tireless efforts of teachers during the challengin­g time posed by the COVID-19 pandemic.

Teacher and principals’ unions claim they held some 300 protests on the day around the country to demand an immediate solution to their salary anomaly issue. The protests took place despite large public gatherings still being banned under quarantine regulation­s. While many protests were conducted without obstructio­n, the unions say they faced “intimidati­on” in some areas. In some places, police had taken out court orders banning protests while at Dehiaththa­kandiya, there was a face-off between protesting teachers and health officials led by the area Medical Officer of Health (MoH), who demanded that the protesters disperse or face legal action.

The Government claims such street protests contribute­d to the deadly third wave of COVID-19 that swept through the country in August and September. Many health sector unions, while supporting the teachers’ struggle, have also urged them to avoid street protests, stating such large gatherings could help lead to the further spread of the virus.

Ceylon Teachers’ Union ( CTU) General Secretary Joseph Stalin defended the actions of protesting teachers and principals on the grounds that the right to protest and peaceful assembly was enshrined in the Constituti­on. “We are protesting while adhering to COVID health guidelines so there shouldn’t be an issue of us helping to spread COVID-19,” he insisted.

Many teachers have stayed away from conducting online classes for three months now as part of trade union action over the issue. As the online strike dragged on and views were expressed that street protests were contributi­ng to the spread of the pandemic, there has been some pushback by sections of the public against the teachers. This was in evidence on Wednesday where protesters were hackled by passersby in some areas.

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