By R R M Lilani
Freelance journalist and researcher based in Colombo (Writer can be reached on rrmlilani1@gmail.com )
At the outset of the Port City Bill that is set to be enacted soon and as China is receiving raving criticisms from all corners, China sends several of its top officials in a row to Sri Lanka braving the severity of the pandemic, to counter negativity using the local leadership and their cohorts.
The latest envoy sent to Sri Lanka by Chinese President Xi Jinping was the State Councilor and Ministry of National Defence Wei Fenghe, to give a moral boost to the Rajapaksa’s not to be disheartened by the brickbats and Western hostile response to Port City and other projects but to keep the China grip tight as they are going to make ‘Sri Lanka great again’. They come with grants and funds to fix the local brains from thinking otherwise.
Xi would be sending his Foreign Minister soon and what that ‘pacifier’ would offer the leadership, is yet to see.
In order to push the Port City Bill against all odds, the government rescheduled the debate at the Parliament. It was to be taken up on May 5, 2021, however, the Speaker of the House said he is yet to receive the determination of the Supreme Court pertaining to the Bill and the debate would not be held until May 18.
Before Fenghe’s departure on April 29 2021, a Military Assistance Protocol was signed following the bilateral discussion held between high ranking Sri Lankan Defence Officials led by Sri Lankan Defence Secretary Kamal Gunaratne and the Chinese Delegation at the Shangri-La Hotel, Colombo which is not revealed as yet.
Fenghe also launched the official website of the Chinese National Defence University Alumni Association of Sri Lanka when he was here.
In contrast to the government’s strong stance with China, President Rajapaksa told Fenghe, that he is pursuing an independent foreign policy and will never bend to pressure from major powers outside the region as well as never forge an alliance with any country.
Fenghe said Sri Lanka stands ready to strengthen exchanges and pragmatic cooperation with China in various fields including the military, so as to achieve further growth of the bilateral ties. Fenghe also urged the Sri Lankan leadership to deepen cooperation and promote relations between the two militaries at the backdrop of US-China rivalry in the Pacific sea.
The undeclared uranium cargo bound to China
In this climate, a colossal error had occurred, where a Chinese bound cargo ship M.V. BBC Naples that was carrying dangerous cargo –14, 000MT of Uranium Hexafluoride had ‘inadvertently’ missed to declare the cargo before it entered the Chinese-run Hambantota Port. The harbour master at the Colombo Port had issued a permit to anchor at the Southern Port after the local agent had ‘failed’ to declare such a huge amount of chemical on board when it came for an emergency engine repair.
It is believed over a tip-off, the Harbour Master at the Hambantota Port detected the cargo and alerted the Colombo Port harbour master, a reliable source said. The ship was asked to immediately leave the Port after letting it anchor 3km away from the Port for repair.
Sri Lanka Atomic Energy Regulatory Council (SLAERC) however has called the Colombo Port harbour master to explain with proof how the local agent could forget to declare the shipment of dangerous cargo.
The other burning problem why the Chinese top ranking officials are setting foot in Sri Lanka, is to challenge India and press the government not to heed to India’s threats and pressure.
Already the government has halted the wind power project in the North of Sri Lanka in three islands. The project was awarded to China through a tender procedure. Despite China being offered the project, India firmly urged to refrain the offer to China, as it is a threat to their country that is in close proximity to Sri Lanka’s northern coast.
Port City & Social media
“Sri Lankans will find out in a few years how we’ve tied a noose around our own necks,” is another message that is going viral over Port City, on social media.
The message shared on Whatsapp goes on to say that the Port City Bill is the modern-day 1815 and there’s also no legal argument that can argue otherwise. “We appoint governments to make decisions in the interest of our nation. Not China or India or the US. People don’t appoint the Supreme Court or the appeals court to run the country. We appoint a government and the government must never put its people in a place that will embroil generations to come in an impossible geopolitical quagmire which the Port City Bill would do, the message read.
“Our parliamentarians will vote overwhelmingly for the Port City Bill, the message said. The same guys who voted for the 18th amendment that enhanced the powers of the President, then voted again for the 19th that reduced those same powers, and then voted again for the 20th that enhanced the power of the President to dictatorial levels, the message further stated. It is the same freaking parliamentarians who exist now,” it further stated.
Also, former Prime Minister Ranil Wickremesinghe said ‘make the Port City a game changer but not a gaming centre while US Ambassador Alaina Teplitz cautioned Sri Lanka to avoid from turning into a money-laundering haven and the same time powerful Buddhist monks such as influential Chief Prelate of the Abhayarama Temple Ven. Muruththettuwe Ananda Thero against the Port City Bill and MP Wijayadasa Rajapaksa openly said Port City would become a Chinese colony.
The MP cautioned that the Port City Bill shows that it is relieved from all 14 tax Acts including the Inland Revenue Act and all money transactions would be in foreign currencies other than Sri Lankan rupees that suggest it is a ‘foreign land’.
Janatha Vimukthi Peramuna (JVP) that also voices against the Port Bill said the Port City is none other than a ‘Chinese province’ ironically when the President of the country had said that he wants to learn the Chinese model of good governance.
The Centre for Policy Alternative (CPA), an internationally acclaimed thin- tank headed by Dr. Paikiasothy Saravanamuttu filed the petition at the Supreme Court challenging the Port City Bill.
The CPA raised several key governance and rule of law issues in the Bill. The CPA pointed out that the framework for the Colombo Port City must meet the following criteria which are further elaborated in the document: The governance of the Colombo Port City must be based on a rules-based system and not on a system based on broad discretion and excessive powers vested in a few individuals devoid of any checks and balances; It must ensure robust Parliamentary oversight; It must impose specific criteria for the appointment of key actors to ensure there is no scope of a conflict of interest that may be detrimental to the interest of Sri Lanka; It must ensure a law devoid of loopholes that allow for money laundering, corruption, discrimination or economic losses to Sri Lanka; It must provide for the jurisdiction of courts, tribunals and other entities; It must ensure a framework that meets international and national standards including in areas of labour and environment, among others.
Critics raise the potential implications of the Port City Bill citing that the government stalwarts want the Bill to be enacted at all cost and attempting to postpone the debate on the Bill when the corona virus spread is hitting record high. Bill would ultimately be passed without a parliamentary debate, they fear.
The CPA also notes concerns with the process and the speed with which the Bill is moving. Despite the implications the Colombo Port City holds for Sri Lanka and its citizens, there has yet to be a wide discussion on the different components and how they are likely to impact governance, the rule of law, the economy, the environment and fundamental rights in Sri Lanka. The CPA is also unaware of stakeholder consultations of the present Bill and urges the authorities to do so without further delay. Media reports also indicate that Parliament is to debate the Bill on 5th May 2021 with only one day allocated for the debate. This is wholly insufficient for a Bill of such magnitude and CPA urges party leaders to reassess this decision and allocate further time so that the legislature is fully abreast of the different dimensions of the Bill.
The CPA and 14 other petitioners who challenged the Port City Bill said the powers granted to the Colombo Port City Economic Commission (CPCEC) are alarming. Overall regulatory authority over all investments in the Area of Authority falls within the purview of the Port City Commission.
The lease land would be within the Area of Authority of the Port City and the develop and approve environmental standards and plan, monitor and execute environmental improvements too would be with them.
The granting of licenses and registrations to conduct business, to identify local assessment rates and any other levies, to facilitate the establishment and operation, any stock, precious metal or commodity, exchange or mark all would also be within the Area of Authority of the Port City. Another important aspect of the Bill is that the powers of the CPCEC are not limited to overseeing the implementation of existing laws but extends to prescribing and establishing standards and regulations to be applicable within the Area of Authority. This raises serious concerns on procedural and substantive grounds, the CPA argued.
Another alarming aspect of the Bill is that the jurisdiction wielded by the CPCEC, as stated in the Bill in its present form is to be exercised in concurrence or alongside the jurisdiction of the existing Regulatory Authorities in Sri Lanka. However, as per the Gazetted Bill, the Regulatory Authority is to inform the CPCEC of its concurrence not its decision, implying that the decision of the CPCEC could be conclusive, notwithstanding any discrepancy with the respective Regulatory Authority.
Also the China-friendly President of Sri Lanka holds the powers to appoint and remove the Commissioners of the CPCEC who themselves are vested with a wide range of powers. This can compound the powers of an Executive President already strengthened by the 20th Amendment and it is most concerning given the limited oversight granted to the Parliament through the present Bill.
Furthermore, the International Commercial Dispute Resolution Centre proposed through Part XIII of the Bill wields jurisdiction over any dispute that may arise, within the Area of Authority of the Colombo Port City, between – (a) the Commission and an authorised person or an employee of an authorised person where relevant; and (b) the Commission and a resident or an occupier, provided that there exists in relation thereto, an agreement or other legally binding document as between the Commission and such resident or occupier. In effect, this amounts to an ouster of jurisdiction of Courts, tribunals, judicial and quasi – judicial authorities, which would preside over disputes in the rest of the country.
The Bill specifically mentions the possible involvement of foreign nationals serving in the International Commercial Dispute Resolution Centre. It is of value to contrast that the involvement of foreign nationals in domestic matters and dispute resolution has been staunchly resisted hitherto, on the grounds that this infringes on the sovereignty of the Sri Lankan State and its people.
There are many matters that are unclear in the Bill that needs days of probe before it is enacted, the petitioners claim.
A local columnist recently asked one pertinent question. Why do the Chinese who have thousands and thousands of hectares of land and thousands of miles of sea shore want to come to Sri Lanka and spend billions of dollars to get some 116 hectares of land for them? The answer to the question is that at the outset of growing enemies for China, the Chinese want the poor people of the poor countries to be their human shields to fight all odds. Sri Lanka will be one of the battlegrounds of China the reason why they are militarily strengthening the military-fanatic local leadership.
(R R M Lilani Freelance journalist and researcher based in Colombo. Writer can be reached on rrmlilani1@gmail.com )
