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Friday February 23rd, 2024

Missing documents, compliance delays mar SriLankan Airlines security tender

ECONOMYNEXT- The Presidential Commission of Inquiry into irregularities at the state-owned SriLankan Airlines this week questioned the senior security official at the airline over years of delay in complying with European standards and missing documents which led to refloating a tender for security scanners.

Senior Security Manager Titus Kannangara, currently acting as Head of Security, testified that SriLankan had pledged to comply with the European Union’s (EU) ACC3 regulations on security in 2012, as noncompliance would increase the time and cost of exports for Sri Lankan manufacturers.

Compliance with ACC3 regulations was the choice of a country, and not mandatory according to international or national regulations, he said.

However, he said that since the EU did not distribute the regulations to compliant members, the SriLankan country representative in the UK was responsible for collecting the regulatory documents and sending them to the head office in Sri Lanka.

“The London Station Manager had to go and get them. We got the hard copies on our flights in January 2014,” Kannangara said, as commission members questioned the two-year delay in complying with ACC3.

By then, SriLankan’s security department was in the middle of a tender for two x-ray baggage scanners, and one heavy cargo x-ray scanner.

The airline had selected Nimrod Systems (Pvt) Ltd to supply the Rapiscan brand of scanners, since Nimrod had scored the highest in technical evaluation.

Kannangara confirmed that the technical evaluation committee had selected Nimrod due to SriLankan and its predecessor Air Lanka having 25 years of experience with Rapiscan, Nimrod’s good after sales service, and compatibility with ACC3 regulations.

However, Kannangara said that he was instructed by then Group Head of Security P. Chandrawansa to form a committee to cancel the tender.

He said that the order was verbal, with no meeting minutes or documents existing as evidence.

Kannangara and two other security managers had decided to cancel the tender based on their understanding that SriLankan had only in early 2014 received the ACC3 regulation books, and the equipment selected through tender which was floated in December 2013 would have been in violation of ACC3 standards.

The disappearance of Malaysian Airlines MH-370 had increased concerns over global terrorism at that time, weighing in on the decision, he said.

Further, the shooting of a police constable in Jaffna during the period had also worried the committee over a resurgence of the LTTE, he said.

When the commission questioned Kannangara on how the tender was cancelled on the basis of not adhering to ACC3 standards, when the technical evaluation committee had chosen the Rapiscan machines specifically due to this requirement, he said that he was at the time not privy to the reasons for the machines being selected.

However, he confirmed that Kosala Kariyawasam, a Security Manager, had sat on both the technical evaluation committee, as well as the tender cancellation committee.

Further the Ministry of Defence had not briefed the airline on increasing security threats as per normal procedures, and the security department had made the call on its own, Kannangara said.

He said that Chandrawansa had forwarded the recommendation to cancel the tender to the senior tender board, and it was approved by the board via e-mail,. He confirmed that there is no meeting minute of the senior tender board agreeing to cancel the tender.

The security department had then refloated the tender for the three x-ray scanners, as well as for two explosive trace detectors (ETDs). Kannangara said that the ETDs were procured to comply with ACC3 standards for heavy cargo.

The technical evaluation committee had selected Exel Trading International (Pvt) Ltd to supply the equipment, which had in the first tender been the third in the running based on technical evaluations. 

Nimrod and two other companies too had been found to have technically feasible equipment for the second tender.

However, documentary evidence showed that members of the technical evaluation committee and the financial evaluation committee had taken a trip to Thailand to evaluate the machines offered by Exel, before the tenders had been sent for financial evaluation.

Kannangara insisted that the visit was made after financial evaluation. He said that the inconsistency in documentary evidence was due to ‘human error’.

Exel had initially quoted a price of 117 million rupees for the five scanners. Kannangara said that following negotiations, Exel had agreed to supply the equipment for 84 million rupees, compared to Nimrod’s 102 million rupees. He was not able to provide original prices for the other bidders, but said that Exel had the lowest prices, and therefore it was selected.

The ETDs purchased were in a list of equipment which had failed field trials, which usually results in their prices being reduced. The ACC3 certification agencies recommend countries not to purchase such equipment. The commission questioned Kannangara why the tender awarded for such equipment when the security department was seriously concerned over the threat of terrorism at that time.

Kannangara said that no brand of ETDs had been qualified as having passed the field trials at that time.

However, replying to questions of Deputy Solicitor General Shanaka Wijesinghe, Kannangara confirmed that the airline could have chosen other types of equipment to remain ACC3 compliant. (COLOMBO, 01 August, 2018)

 

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Sri Lanka’s Grisly Recent History Goes Unpunished

ECONOMYNEXT – They lie buried in numerous mass graves, all evidence of Sri Lanka’s murderous recent past which has been punctuated by multiple civil conflicts.

Whatever remains is evidence of Sri Lanka’s grisly history of the extrajudicial executions of rebels in both Northern and Southern insurrections.

Most of the bodies remain in mass graves that stretch from Chemmani and Duraiappah Stadium in  Jaffna to burial sites in the Colombo and Matale Districts and the Southern and Central Provinces.

The dead could be anyone; captured rebels, those caught in crossfires and others who were deemed to be “inconvenient,” according to a report titled ‘Gotabaya Rajapaksa’s War Time Role’ released by the International Truth and Justice Project (ITJP) on 17 January 2024.

A horrific record

Sri Lanka’s recent blood-soaked history is replete with mass killings and many “disappearances” from the various incidents during the insurgencies of the JVP as well as the Tamil separatist war.

The activist group Journalists for Democracy and affiliated organisations claim that at least 32 mass graves have been identified across the island. A report published in Groundviews in January said these graves “dotted across the country that hold the remains of not just the casualties of the civil war but also those who disappeared during the two JVP uprisings in 1971 and from 1988 to 1989.”

A 1999 United Nations study noted that Sri Lanka has the second-highest number of enforced disappearances in the world with around 12,000 people missing after being detained by government Security Forces. Figures vary with Amnesty International reporting that the number of disappeared persons could be as high as 60,000.

There is no official government figure.

Evidence against GR

Now, fifteen years after the separatist war in Sri Lanka ended, mounting evidence has emerged against former President, Gotabaya Rajapaksa, for his pivotal role in the commission of war crimes and crimes against humanity during the civil war, say Human Rights lawyers in this new report.

Rajapaksa figures in two serious passages of time where suspected cadres of the Janatha Vimukthi Peramuna were killed at Matale in the 1988-89 period and LTTE cadres and civilians on the frontlines of Nandikadal which proved to be the final battle of the Eelam War.

The ITJP report quotes its Executive Director Yasmin Sooka as saying if Sri Lanka “is serious about dealing with its violent past, the litmus test is to hold (former President) Gotabaya Rajapaksa criminally accountable for war crimes and crimes against humanity.”

The report presents detailed evidence connecting the former President when he was Secretary to the Ministry of Defence to numerous massacres of civilians. Although not the army commander, nor Chairman of Joint Chiefs of Staff, Gotabaya had command and effective control of the security forces during the Civil War as the Defence Secretary and the younger brother of then President Mahinda Rajapaksa.

The ITJP report says the then Defence Secretary Rajapaksa had “contemporaneous knowledge of the violations of international humanitarian law and international criminal law being committed, and failed to take any steps to prevent them, or to hold those under his command accountable. He and successive Sri Lankan governments have had countless opportunities since the war ended to initiate credible investigations into allegations of gross human rights violations and to establish prosecutions. Instead of allowing the truth to come to light, Gotabaya and his successors have perpetuated denial of the complicity of the security forces in these violations, rewarding and protecting the alleged perpetrators.”

The 104-page document examines evidence of Rajapaksa’s involvement in and knowledge of attacks on the No Fire Zones set up to protect civilians, his failure to prevent and investigate summary executions, enforced disappearances, torture, rape and sexual violence, arbitrary detention and the denial of humanitarian aid to civilians.

Individual stories that were leaked at the time gave credence to these incidents.

One was the evidence of the killing of LTTE Leader Velupillai Prabhakaran’s younger son Balachandran. The boy, according to some reports, had been escorted to the Sri Lanka Army lines by an LTTE bodyguard at Mullivaikkal. Photos purported to have been taken at that stage show the boy wrapped in a Sri Lanka Army issue sarong eating a biscuit behind the Sri Lanka Army lines. A second photo shows him dead at the same location, his body riddled with bullets.

Another set of pictures was that of the LTTE’s TV icon Issapriya whose image was widely circulated. There were unconfirmed reports that she had been sexually assaulted along with other young women who had been captured as the LTTE unravelled. That is followed by another picture of her corpse shot at close range.

Eventually, the Sri Lankan government during President Maithripala Sirisena’s tenure acknowledged that some 65,000 persons were missing and granted close surviving relatives rights to manage their properties, the ITJP report states.

Matale Mass Grave

Rajapaksa was the military Coordinating Officer for the Matale District in 1989 when the area was rocked by the so-called Deshapremi Janatha Vyaparaya a JVP offshoot. He was a Lt. Colonel at the time.

In December 2012, reports emerged that a mass grave had been found in the grounds of the Matale Hospital.

Accusations were made at the time that the remains unearthed were that of JVP cadres who had been captured and allegedly killed during the insurrection, a claim the party repeatedly made.

No government however pursued an investigation into the discovery because politics got in the way; after all the UNP was in power when the killings were supposedly carried out and the officer responsible, Gotabaya, was the brother of Mahinda Rajapaksa at the time, a prominent leader in the SLFP.

The government of the day meanwhile claimed the bodies were of victims of a landslide in the 1950s.

However, there was no proper investigation to prove which theory was factual.

The ITJP report also contains the names of former Army Commander, Lt Gen Shavendra Silva and others who are seen as Gotabaya loyalists in the Army.  The report also claims that Army top brass, other than Field Marshall Sarath Fonseka, who was Commander of the Army at the time the civil war ended, had close personal connections to Rajapaksa.

These incidents, however, are not the only horrific events of our island nation’s history; abductions and disappearances of young men, allegedly by members of the armed forces, the massacre of a group of Buddhist monks at Aranthalawa, the killing of pilgrims at Anuradhapura, the latter two by the LTTE, random killings of public servants and others by rebel groups, and more recently the Easter Sunday bombings, the list goes on. And the powers that be, govern with impunity.

So, it is unlikely that the relatives of the victims will find closure until justice is served and those whose hands are bloodstained are held accountable for their actions.

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India has given “lot of offers” for Ramayana Trail, Sri Lanka state minister says

ECONOMYNEXT – India has given a lot of offers to establish Ramayana Trails in Sri Lanka, State Tourism Minister Diana Gamage said, as the island nation is focusing more on Indian tourists to boost the hospitality industry.

Historians say, according to Hindu mythology, Sri Lanka was the kingdom of Ravana, the ten-headed demon king who abducted Sita, the wife of Rama, the hero of the Ramayana, a smriti text from ancient India, one of the two important epics of Hinduism known as the Itihasas, the other being the Mahabharata.

The epic narrates the life of Rama, a prince of Ayodhya in the kingdom of Kosala.

With the opening of Ram Mandhir in Ayodhya, Sri Lanka has renewed the establishment of Ramayana Trails, which includes all the places believed to be associated with Ramayana.

The places include Sigiriya, Ashok Vatika, a garden in the city of Nuwara Eliya, which is believed to be the place where Ravana kept Sita captive, Ravana Ella Falls, Koneswaram Temple in Trincomalee and Divurumpola Temple in Bandarawela which is believed to be the place where Sita underwent a trial by fire to prove her purity among many other places.

“I think India is even willing to invest in it. They have given proposals that they are willing to invest in it. They will build hotels even around where they can have accommodation for the people who are visiting these areas,” Diana Gamage told reporters in Colombo.

“They (Indians) have given a lot of offers. If we do this in the right way, we can bring 5 million tourists from India alone.”

Indians topped the list of tourists to Sri Lanka last year with over 300,000 visitors.

“At the moment I am having discussions with some of them, and they are in touch with me,” Gamage said.

“If you look at Seetha Eliya, Seetha Temple is one of the main areas in this Trail. So that area also will be developed, specially.”

“I don’t know if you have seen how many millions visited the Ayodhya temple. There are so many millions from around the world. So, there is an interest in this and we have to grab that opportunity being in the country that it actually has taken place.”

“It is so unfortunate that why it has not been done so far. This should have been done a long long time ago. So now I am thinking that we should do it at least now.” (Colombo/Feb 22/2024)

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Sri Lanka offers fresh debt plan to bondholders amid Hamilton case extension hopes: Sources

ECONOMYNEXT – Sri Lanka offered a revised restructuring proposal to sovereign bond holders sources said, as the country tries to wrap up debt restructuring by the middle of the year and a holdout investor sues to force payment on one series of bonds.

A US court had stayed proceedings of case by holdout investor Hamilton Reserve for six months, which has the required volumes of bond with a ‘single series’ collective action clause to file action following request which was supported by the US, UK and France.

The deadline runs out on February 29.

An extension of at least three months may be sought to help wrap up the debt restructuring, sources said.

Sri Lanka is expecting to sign memoranda of understanding with Paris Club, within weeks, according to official sources.

Courts had earlier granted the stay saying Hamilton had the option of renewing case for summary judgement once it is lifted.

Sri Lanka rejected a proposal by bondholders to exchange a ‘downside’ bond linked to gross domestic product which will have a 20 percent hair cut with additional haircuts if GDP growth is low as forecasted by the International Monetary Fund.

Bondholders believe that the growth projections in an IMF debt sustainable analysis is too pessimistic

However bondholders are very keen on the structure, and it may be tough to convince them to accept a ‘plain vanilla’ type of solution, according to sources familiar with their thinking.

Bondholders also do not want a value recovery instrument detached from the underlying bond which is not ‘index eligible’. Earlier VRI’s used in debt re-structures have been upside instruments.

Bondholders had earlier expressed their unhappiness at what they said was “no progress” in negotiations.

Some bondholders were also of the view that the first ask by Sri Lanka from bondholders was deeper than the in-principle re-structure given by bilateral creditors. (Colombo/Feb22/2024)

A US court had stayed proceedings of case by holdout investor Hamilton Reserve for six months, which has the required volumes of bond with a ‘single series’ collective action clause to file action following a request from the US government among others.

The deadline runs out at the end of the month.

An extension of at least three months may be sought to help wrap up the bond restructuring, sources said. It is not clear whether courts will grant the extension.

Sri Lanka rejected a proposal by bondholders to exchange a ‘downside’ bond linked to gross domestic product which will have a 20 percent hair cut with additional haircuts if GDP growth is low as forecasted by the International Monetary Fund.

Bondholders believe that the growth projections in an IMF debt sustainable analysis is too pessimistic

However bondholders are very keen on the structure, and it may be tough to convince them to accept a ‘plain vanilla’ type of solution, according to sources familiar with their thinking.

Bondholders also do not want a value recovery instrument detached from the underlying bond which is not ‘index eligible’. Earlier VRI’s used in debt re-structures have been upside instruments.

Bondholders had earlier expressed their unhappiness at what they said was “no progress” in negotiations.

Some bondholders were also of the view that the first ask by Sri Lanka from bondholders was deeper than the in-principle re-structure given by bilateral creditors. (Colombo/Feb22/2024)

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