Yahapalana Record Sheet (Jan2015-Jan2018)

Removing Rajapakse corruption & restoring democracy was the campaign slogan that brought Yahapalana to power in January 2015. There is little to debate that what the voters got was nowhere near good governance and the plethora of piling corruptions against yahapalana keeps getting worse. In 4 years the damage done has been far worse than Sri Lanka suffering 30 years of terrorism. Economy is in a state of ruin, natural & national assets are being siphoned to foreign hands never likely to return, national security threats & risks abound, illegals & aliens are entering Sri Lanka as guests – everything is being put to experiments by foreign advisors who are being handsomely paid by the tax payer & not many seem to still understand the larger picture even after members of the TNA clearly spell what the intention behind the new constitution is. Time Sri Lankan citizens seriously kick out allegiance to political parties and realize that their ignorance & don’t care attitude is giving oxygen to politicians to do as they like & ruin our beautiful island nation.

• · Legally questionable appointment of RanilW as PM in January 2015 following a Presidential election & not Parliamentary election while RanilW had only 42 MPs in Parliament
• · Legally questionable appointment of RanilW as PM in January 2015 as sitting PM was not removed by gazette notification.
• · Speakers refusal to acknowledge the over 50 MPs of the UPFA as Joint Opposition – naming TNA which had just 16MPs as the Opposition & TNA leader Sambanthan as Opposition Leader.
• · Speaker also appoints JVP with 6 MPs as Chief Opposition Whip. (ironically both JVP & TNA helped Yahapalana to come to power – therefore how can they function as Opposition?) First time that Leader of Opposition voted for a Govt budget when TNA voted in favor of Yahapalana budget in 2016.
• · Foreigner as Governor of Central Bank despite objections & despite him having a chequered record as BOI head in 2001
• · Allegedly LTTE-linked former UNP President’s advisor being appointed as Financial Advisor in 2001 & again in 2015.
• · Brother of former UNP Chairman as Air Lanka head
• · Alleged appointments of Royalists to key posts
• · Appointments of family members to ministries & other statutory bodies

• · 2 Central Bank Bond Scams – PM Ranil takes Central Bank directly under PM in Jan2015, nominates his friend a Singaporean national as Governor Central Bank despite protests, assures parliament he would be accountable for Mahendran. After the bond scam was exposed PM Ranil appoints 3 UNP lawyers to investigate, removal of UNP MP Velukumar & replaced with MP Sujeewa S, ArjunaM’s statement to COPE that PM Ranil only ordered change in method for Bond Sales, UNP Members of COPE functioned under direct instructions of PM Ranil, Governor Mahendran was not even sent on leave pending conclusion of inquiry, Chairman & Senior officials of the 3 state banks giving evidence at the Presidential Inquiry in Oct2017 confirmed that RaviK had instructed them to make bids at lower interest rates, not taking action against those responsible for the scam even after its exposure.
• · Former PM Ranil announced new economic plan in 2016 as Minister National Policies & Economic Management & hired US Consultancy firm McKinsey & Company in November 2016. McKinsey identified 3 areas for accelerated development: Tourism – Agriculture – Manufacturing – Sri Lanka had to pay $2,997,666m for this proposal! Why couldn’t our own people prepare a plan for our development?
• · On 3 occasions former PM Ranil had presented proposals to privatize Bank of Ceylon, Peoples Bank, National Savings Bank & state pawning outlets. (Derana news & President Sirisena) RW also planned to bring Samurdhi Bank with assets of Rs.200b under Central Bank & Finance Ministry – this too was seen as an attempt to deny the poor relief.
• · In May 2018 on application filed by Office of Public Trustee & Colombo District Court granted approval for the dept to open 254 last wills lying in a public safe between 1932 & 1992. If there are no heirs to these last wills – wonder what will happen to the fortune/wealth?
• · Sri Lanka’s Mobil Industry was a key contributor to Sri Lanka’s economy for decades & delivered mobile services at low tariff rates. In 2017, Cellular Tower Levy was introduced & Rs.200,000 per month per tower charged. Monthly operational cost would increase from Rs.115,000 to Rs.315,000 (174% increase) Three of the 5 mobile operators are now running at a loss.

Questionable Bills/Amendments

• · 19th amendment was passed in April 2015 diluting Presidential powers without mandate of People
• · Amended Land Ordinance Act presented by Ranil in September 2018 would if passed in November privatized all state land leaving ownership with foreigners.
• · Amending – Rent Act, No. 7 of 1972 which limits the ownership of houses and the rent to be charged
• · Amending – Paddy Lands Act, No. 1 of 1958 and the Agricultural Lands Act, No. 42 of 1973 to allow the farming of alternate crops.
• · Local Government Authorities Elections Act No.16 of 2017 – Bill said to correct technical issues at Committee stage, after second reading, Yahapalana brings totally new amendments & changes entire electoral system. The Bill was not presented to Supreme Court. The Bill finally passed was not the Bill read the 1st & 2nd time or the one that was gazette. UNP, dissident SLFP, JVP, SLMC & ACMC & TNA supported it
• · Sabaragamuwa, North Central, Eastern PCs were to be dissolved in September/October 2017. But a day or two before dissolution, yahapalana changes Provincial Council Elections System via amended Act. Provincial Councils(AMD) Act No.17 of 2017. AGAIN – sweeping amendments were brought at Committee stage where the gazette was only to increase women’s representation at PCs. Amendments made at Committee stage was not gazette or made available to MPs at 2nd reading stage. Note: Act was passed INSPITE OF Supreme Court ruling that the extension of PCs or postponement of elections require a referendum + 2/3 majority in Parliament
• · National Audit Bill : Original bill had provision to impose Rs.100,000 on officials who furnish false information during audit queries. This fine was reduced to Rs.5000 in amendment. The original Bill that had provisions for Commission to investigate special projects outsourced to private companies WAS REMOVED. Powers of Auditor General related to internal audits of statutory bodies including govt corporations, boards, authorities also removed. Bill also prevents Right to Information requests on audit queries. WHY GO TO THESE LENGTHS?
• · Foreign Exchange Act 12 of 2017: HIGHLY CONTROVERSIAL BILL. Petitions against Bill – violating Constitution, claiming Bill deprived & abrogated power of Parliament to control public finance, removed powers of Central Bank/Monetary Board to supervise, regulate & control foreign exchange including gold, currency, payments, securities, debt, import, export, transfer & settlement of property as provided by Exchange Control Act 24 of 1953. Yahapalana was accused of denying challenging of Bill within 7 days by placing it on Order Paper of Parliament on Friday 7 April 2017 as Supreme Court was on holiday thereafter. Bill was adopted by preventing it from being challenged.
• · Enforced Disappearance Protection Bill: Presented to Parliament twice & withdrawn due to Public protests. But Bill was passed in March 2018 violating Standing Orders & denying Opposition request for more time to debate it. Passed on the same day it was presented! Bill was declared passed in Parliament with only 53 MPs voting in its favor.
• · Office of Missing Persons Bill 2016: Virtually bulldozed through Parliament by UNP, SLFP dissidents, JVP & TNA despite objections. Less than 40 minutes given to debate this new law. Vote was taken & Speak declared Bill as passed. The Act protects members of the OMP, officers, servants & consultants of OMP from Right to Information scrutiny in respect of “matters communicated to them in confidence” Why the need to include such?
• · Judicature Act No.2 of 1978 – May2018: Act enables to set up permanent High Court at Bar to hear cases relating to offences specified in the Sixth Schedule of the Act. The Bill empowers Permanent High Court at Bar to try offences – theft, dishonest misappropriation of property, criminal breach of trust by public servants, bankers, merchants, agents & dishonestly receiving stolen property… cheating, forgery, making false documents, counterfeit, money laundering etc. MPs, police officers, peace officers, Bribery of Judicial officers & other public officers an be tried. Bill was passed without JO at the Committee Stage with majority of 51 votes.AG & DG for Prevention of Bribery & Corruption were given discretion to select cases to the Court. Prosecuting officers had power to arbitrarily select cases. BASL petitioned challenging Bill to say there is no court called Court at Bar in law. Many referred it as a Kangaroo Court. Bill was passed with majority of 67 votes
• · 19a Constitutional Council: Normally, a CC must rule if proposed statues are Constitutional after Parliament votes & before President signs into law. Sri Lanka’s CC has nothing to do with the constitution (name is inappropriate) Sri Lanka’s CC = PM, Speaker, Leader of Opposition, 1 person appointed by President, 5 nominated by President on recommendation of PM, Leader of Opposition & 1 person nominated by majority MPs. Tenure is 3 years & consists of 10 members. Main function of CC is to recommend Chairman & members of the National Commissions (Elections, Public Service, Police, Audit Service, HR, Bribery & Corruption, Finance, Delimitation, Procurement, UGC, Official languages. CC recommends 3 & President must choose from 1 from the 3. CC also recommends 3 names for Chief Justice & Judges of SC, President & Judges of Court of Appeal, Members of Judicial Service Commission, AG, IGP. CC is not a Parliamentary committee & not answerable to Parliament – no one knows who CC is answerable to. However the composition of CC gives 7 persons a clear majority & thus controlled & manipulated by politicians for politicized appointments.
• · Active Liability Management Bill – sought authorization to borrow over Rs.1trillion from local & foreign sources separate to the yearly borrowing limit set by Parliament. It enabled bypassing of existing controls for loans and Parliament will have no control in the manner funds are utilized. The Bill also removed civil or criminal liability of those who utilized the money. Though Supreme Court was petitioned the Bill was passed in March 2018.

• · When removed by gazette as PM without accepting the sacking or taking legal measures against it, RanilW goes crying to the western/indian envoys requests them to come to Temple Trees & is regularly in discussions with them – externalizing an internal matter.
• · President gives reason for removing Ranil as PM – attempting to usurp Presidential powers, exceeding his limits, ruling with arrogance, ignoring collective decisions, these are not what the voters were shown
• · President accuses RanilW of establishing a fraudulent committee to manage economy & President had no alternative National Economic Council committee which RanilW prevented from functioning by asking the international monetary organization paying the salary of the consultant to stop payment.
• · When President wanted to visit Central Bank, Ranil’s response was “Central Bank belongs to me, why do you want to go there’.
• · Amendments were made to the Commission on Bribery or Corruption Act & sent to Parliament so that Bond Scam perpetrators would be given due punishment. Parliament has postponed approval of amended Act indefinitely.
• · Co-sponsorship of legally questionable UNHRC resolution in Sept2015 placing national army in a very embarrassing predicament and agreeing to terms that will pose national security risk while also agreeing to a new constitution

• State of the Economy: PM Ranil said yahapalana was saddled with $1900m loans (exclusive loans taken by state institutes) PM Ranil said national debt at 31 Dec 2015 was Rs.4,959.2billion (local) and Rs.3,544b (foreign)
• Debt had increased to Rs.9,387b in 2016 (57% local & 43% foreign)
• Foreign loans had increased from $1.82b in 2016 to $2.41B IN 2017
• Sri Lanka printed currency worth Rs.217b from Jan-Mar2017 to pay public sector salaries & other state expenditure.
• 50 public institutions (including Sri Lankan Airlines/hotels) lined up for privatization in 2017 budget to cover 2016 budget deficit