Sri Lanka has many plus points in human rights

By Uditha KUMARASINGHE

The UPFA General Secretary and Petroleum Industries Minister Susil Premajayantha said that Sri Lanka is on a very good footing to convince the international community at the forthcoming sessions of the United Nations Human Rights Council as to how it has improved its image within a short span of two years after the eradication of terrorism in May 2009.

The Minister in an interview with the Sunday Observer said resettlement, Northern agriculture development, rehabilitation of LTTE combatants and the with drawal of Emergency Regulations will be plus points for Sri Lanka. He said the Government has ensured media freedom, trade union rights and freedom for public gatherings. The LLRC report is scheduled to be published in November. The international community is well aware of these developments.

The Minister said there will be a day in the future that the Government will repeal the Prevention of Terrorism Act (PTA). Till such time the PTA will remain in the statute book. The PTA was enacted by the UNP Government somewhere in the 1980s to crush the JVP, not the LTTE. It was applied to the LTTE after 1983. Countries that are clamouring for democracy and to eradicate terrorism have no right to pressurise us to repeal the PTA since they have also introduced similar Acts in their countries.

Q: The Ceylon Petroleum Corporation (CPC) was a viable institution during the initial years. What has gone wrong with it today resulting in tremendous losses?

A: There are so many reasons for it. The CPC is selling petroleum products at subsidised rates. If we sell them at the real price, a litre of diesel will go up to Rs. 112, kerosene to Rs. 110 and petrol to Rs. 130 making, a huge impact on the economy. Therefore, we don't want to pass the burden to the people.

We maintain current price levels by recourse to subsidy. After the introduction of thermal power in 1995, there are certain thermal power plants run by the Ceylon Electricity Board (CEB) and the private sector. We sell furnace oil, diesel and the Naphtha to the CEB and to the private sector at subsidised rates.

That is another reason for these losses. Even in the 1960s the CPC handled bunkering - that is to supply oil to ships- lubricants, bitumen, agrochemicals and so many other byproducts. The CPC is handling only 12 percent of the lubricants and 40 percent of bitumen.

At present bunkering is handled by the Ports Authority and many other companies.

The CPC has given over all the profit-making bodies or profit-making products to other organisations retaining only loss-making products.

This has resulted in tremendous losses. Poor management is the other factor which has turned the CPC into a loss-making venture. As I see these are the four main reasons which have led to the current situation in the petroleum sector.

The CPC was split into three by the previous Government in 2003. One third of it was sold out to Lanka Indian Oil Company (LIOC) and arrangements had been made to sell another one third also at that time. At the moment, the CPC holds two third of the shares and the LIOC holds only one third.

Q: According to some newspaper reports, the supplier of substandard petrol is going to resume supplies. Is there any truth in this? If so, are the offenders not being punished?

A: This is a misleading news report. According to my knowledge, the Company which supplied the controversial consignment has not resumed supplies.

That was the only consignment supplied by that company. After that we have not placed any orders with that Company to supply petrol.

Therefore, this is a totally misleading news report.

They have mixed-up the names of the companies. They have mentioned about a company known as Vitol which had supplied 20,000 metric tons of furnace oil which was also of substandard quality. But it was not highlighted nor was publicity given.

It had been kept with the CPC. We have now disposed of all substandard furnace oil. Vitol only supplies furnace oil and not petrol.

Q: One major blow to the CPC is the massive debt not settled by several Government departments. This is a perennial problem. Why don't you introduce some mechanism to get them to pay then and there for what they purchase?

A: After I took over, I had several discussions with Corporation officials and the Treasury. At the last meeting held two months ago, an agreement was reached on the Rs. 80 billion debts to be paid to the CPC. The Treasury pledged to provide Rs. 60 billion by way of Treasury Bonds. Cabinet has approved it.

Rs. 60 billion will be set off by the Treasury within the next couple of weeks on behalf of the CEB and the three Armed Forces which owe Rs. 52 billion and Rs. 8 billion respectively. The rest amounting Rs. 20 billion has to be paid by SriLankan Airlines, Mihin Lanka, CGR and the CTB. These four organisations are also making arrangements to obtain bank loans to set off their loans.

Q: The CPC and its associated sectors need a complete overall structurally, financially and administratively. Have you no idea of streamlining the corporation accordingly?

A: During the last 14 months, I have been telling both Chairmen and top officials to restructure and reorganise these bodies. But nothing has happened so far. According to the CPC Act, once the CPC Chairman is appointed, all powers are vested in him.

I have pointed out that there is only the Chairman at the CPC and the CEO has not been appointed. At the moment, there is no Financial Controller only an Acting Financial Controller is operating. The former Financial Controller was charged because of the hedging deal. So he has been sent on compulsory leave but he is enjoying all the perks. We have referred this to the Attorney General to advise us as to what action should be taken against him.

In addition, the Commercial Manager's post is also vacant and there is no treasurer. He will study Singapore market fluctuations. When tenders are called and opened, he knows the rate in the Singapore market. At present they blindly decide without studying the Singapore market. We can't do that.

If we have a Treasurer then he knows how to handle foreign exchange and the huge sums earned by the CPC. We need not keep it with us. If we have excess money, he has to deposit it in the bank to get interest. That is how we make profit.

The daily revenue collection of the CPC is more than Rs. 5,000 million. They don't deposit Friday's collection in the bank on the same day. So Rs. 15,000 million is idling for three days till Monday. If we can deposit it in the bank, we can get interest.

Then we can use it for opening LCs without paying the interest.

At present, there is no way of cutting down losses in the Corporation as they don't have a Treasurer.

There are at least four or five vacancies in the Corporation. The question is who is responsible for this? If the CEO is not there then the Chairman is held responsible.

Because the Minister is not handling the day-to-day affairs of the Corporation.

The Minister and the Ministry is there to guide them. If there is a Cabinet memorandum, we prepare it and submit it to Cabinet to get approval.

But the day-to-day affairs should be handled by the CPC management. Ultimately the Minister has to answer all the queries because the CPC Chairman and officials are not doing their duty.

They say they are not responsible. This is the problem we have in the CPC. That is why right throughout, I wanted to appoint a CEO. Whenever I ask them to appoint a CEO, they say no professionals apply because of the salary scale.

Then I told them, we will get approval from the Treasury and the Management to pay a good allowance and get experienced persons. The CPC Chairman has no time to be at the CPC. He spends a maximum of one or one and a half hours at the most. We can't run the CPC without a full time chairman and a CEO. Today the CPC looks like a ship sailing without a captain.

Q: Do you think beautifying the city and relocation of pavement hawkers which have no direct bearing on the lives of cityfolk could attract voters?

A: I don't know whether most of the pavement hawkers are voters of the CMC. There can be only a certain percentage. They come from all over. However, the Government nor the Municipal Council has any other option during the last so many years. Pavement hawkers made use of the pavements and pedestrians did not have a place to walk.

Many accidents occurred during the past few years while the pick pocket menace and illegal activities were rampant. At present the pavement is clean and pavement hawkers have been given alternative accommodation. Now they are happy. Pavement hawkers have gained so many benefits as a result of relocation.

Q:This time there could be a tough fight among contestants. How could the UPFA mayoral candidate muster the votes of different communities?

A: Our mayoral candidate Milinda Moragoda is a former Minister. He has his own way of propaganda and he does not like to paste posters or put up banners and cut-outs.

He will do a house-to-house campaign and have small pocket meetings. He goes to religious places and gets the support of these communities. Not only the mayoral candidate, we have many leading candidates in the UPFA list for the Colombo Municipal Council who can attract voters.

I am not going to mention their names as it should not be done by the party secretary. There are certain candidates in our list who can attract votes of Muslims, Tamils and all communities. That is how we are going to capture votes.

Q: Unlike the last time will the UPFA candidate be able to muster sufficient support this time around from Colombo?

A: The situation changes from time to time. At present, we can see Colombo city changing in short phases.

If somebody comes from the direction of the Wellawatta bridge and approaches Galle Face, he can see the change. Pedestrians and drivers can move smoothly without any inconvenience. The cleanliness in the city is plainly visible.

The Beira Lake is now a pleasant sight. At the moment, the CMC area is being developed, section by section with the help of the Urban Development Authority (UDA). If we can win the CMC, then we can easily link development activities that are being carried out by various Government institutions like the UDA and LRDC. Then we can completely change Colombo city to suit the development of the country within the next couple of years.

Q: Colombo remains a UNP bastion and to defeat it, will not be an easy task. As the UPFA General Secretary do you have any strategy to have a UPFA administration in Colombo?

A: When we prepared the list, we considered all these aspects. Twelve political parties are representing the UPFA on the Colombo list. There are some political figures who have run the CMC as deputies and we also find some leading UPFA candidates representing all communities.

This will attract voters. At present, new housing schemes are coming up in the Colombo city. Cleanliness is guaranteed in certain parts of the city and it is developing. All main roads are being carpeted and drainage systems are being repaired. A new Performing Arts Centre has also been built within the city while many high rise buildings and apartments are coming up. Voters can see that there is change within the Colombo city.

Therefore, voters in the CMC area will also prepare for a change. It was only the UNP which won the CMC except on two occasions where the SLFP won. There is no proper sanitation, clean water or proper housing. There are more than 50,000 shanties in Colombo city.

The Government's plan is to provide them new houses in the city within the next two or three years. There is no plan to chase them out of the city as alleged by the Opposition. There will be housing schemes within the city to house them.

It will be a clean city where anybody can walk even at midnight. We want to see Colombo turn into the most attractive city in the world under the UPFA administration, within the next couple of years.

Q: The Emergency has been lifted and the PTA will deal with terrorist threats. Will there be a need for fresh laws?

A: I don't think so. When I was practising in Colombo High Courts during the terror period of 1988, 1989 and 1990, I handled thousands of cases under the Emergency and the PTA. For example, the Parliament bomb case was the leading case at that time. I appeared for certain suspects in that case. During that period Sinhala and Tamil youth were charged under Emergency Regulations and the PTA. Even under the Emergency, we did not have problems like during the 1988-1989 terror period.

If a person was charged under Emergency Regulations at that time, then the Defence Secretary's consent had to be obtained to bail out that person. With the consent, the bail application had to be filed. During the past many years, we did not have that problem. The PTA is meant only for terrorist activities.

If there is any terrorist activity, they can be charged under the PTA. The PTA was enacted during the period of the UNP and it was extended.

It was enacted somewhere in the 1980s by the UNP Government to crush the JVP and not the LTTE. Later on it was applied to the LTTE after 1983. If the PTA is not there, there is no way of prosecuting terrorist suspects.

There will be a day when the Government will repeal the PTA as well. Till then, it will remain in the statute book.

Otherwise, we have to free all the terrorists who were captured or who surrendered before May 19. It's a serious threat to the country's security and to the entire world as well. In other countries too they have Acts like the PTA. Countries that are clamouring for democracy and to eradicate terrorism have no right to pressurise us to repeal the PTA because they have introduced similar Acts.

Q: Time and again various issues emerge to disrupt community life. Are these planned out or spontaneous. Would you like to elaborate?

A: I think it's planned. There are a few incidents where some people who are not mentally sound engage in certain activities in isolation. Those were not planned.

They took place specially in the Eastern Province and the upcountry. As a result, three lives were lost those of two innocent civilians and a policeman. At present, the Security Forces are gathering information and I think the situation is under control.

The Police have to take steps to reorganise civil committees at divisional level. Five or six people in a civil committee will do some night patrolling with the Police so that these disruptive activities will not take place.

Q: Devolution of power is sought to be the panacea for all ills. In this context some politicians favour the Indian model or some "foreign model". Should we not adopt a Sri Lankan model to suit our country? Your comments?

A: Most of the people argue on the 13th Amendment to the Constitution. The 13th Amendment was introduced 23 years ago. Now the situation has changed. We should not stick to one particular model or models introduced in other countries. Because this is a different situation. We have a different culture, society and different era as well. It is my position that we must think anew and find out our own solution with the Tamils and Muslims, by having discussions with them.

Q: In the forthcoming human rights sessions in Geneva, Sri Lanka will be questioned on the same old issues. Now that the people are enjoying peace dividends and live without fear, do they have any new ground to take up?

A:There were so many issues when we went to the Geneva Human Rights sessions last year and before that. By that time, we had just ended military operations in May 2009. At that time, there were 315000 people in Settikulam and other camps.

Now we find only 4000 families and the total is less than 10,000. That is also in the Mullaitivu district as demining activities are still carried out in certain parts of the district.

The international community through their agencies know very well what is happening there. We can't resettle the people in those particular areas without obtaining a certificate of assurance from the UNHCR.

The lifestyles in the Northern and Eastern provinces have also improved a lot. Many buildings and hotels are coming up in Jaffna. Fishermen in Jaffna are now free to go fishing. Farmers in Jaffna send their vegetables to Colombo and other parts of the country and they get a good income.

If the people who left the country about 10-15 years ago come back, they will be surprised the way things have turned out in the Northern and Eastern parts of the country. Therefore, we have very strong ground at the forthcoming sessions of the United Nations Human Rights Council in Geneva as to how Sri Lanka has rapidly improved within a short span of two years after the eradication of terrorism.

Out of the 12,000 terrorists who surrendered, 9,000 have been rehabilitated. They have been given skilled training and integrated into society.

At the moment, nearly 3,000 terrorists are being rehabilitated. These are plus points.

Emergency Regulations have been withdrawn Freedom of the media has also been guaranteed. In addition, the freedom of trade unions , public gatherings and protests are also there.

I think we have enough facts to present at the forthcoming human rights sessions in Geneva. The LLRC report is also scheduled to be published in November. I think we are on a very good footing at the moment.