Columns

• Wijeyadasa Rajapakshe and other ministers highly critical of print, electronic and social media coverage, but Mangala holds counterview
• National Security Council focuses attention on religious extremist groups; intelligence chief identifies more than 20
• Sweeping laws on national policy for accelerated economic development; wide-powered agency for development and trade, five provincial boards

By Our Political Editor
It seemed ironic that it should come in the wake of the jolt the mainstream media in the United States received after Republican Donald Trump won the November presidential elections. Both the electronic and the print media, almost altogether, spoke of a victory for rival Hillary Rodham Clinton. Most were very supportive of her. They have come in for a lot of flak now and their shares have dipped in the stock markets. They are now re-thinking and re-building the journalistic enterprise.

Govt. considers measures to ‘discipline’ the media

The exception perhaps was the social media though many were accused of having scant regard for facts. They were accused of viral disinformation because of the false and misleading reports. Kyle Pope of the Columbia University’s Graduate School of Journalism calls it the antithesis of the Watergate, the scandal of the break-in at the Democratic Party’s National Headquarters in 1972. Those media exposures by the Washington Post forced the then Republican President Richard Nixon out of office. It is the Columbia University that confers the Pulitzer Prize, one of the highest and prestigious in US journalism.

Added to that is the worry for successive administrations in the United States over the ISIS. At present US advisors are helping the Iraqi army and the Peshmerga forces to oust the ISIS who are still in control of the Iraqi town of Mosul. In Syria, the Government forces, supported by Russia, are fighting the ISIS in the heavily war torn town of Aleppo. Sights of misery and human suffering are a daily occurrence shown on television.

Strange enough, with no elections after the presidential and parliamentary polls in 2015, the worries for the Government still seem to be about the media and the fear of the influence of ISIS growing in Sri Lanka. The Government is worried that it will not be able to win the 2020 presidential and parliamentary elections, if the media are “not disciplined.” Hence, several ministers were of the view that measures would have to be adopted from now. That is not only for the mainstream electronic and print media, but also for the social media. The matter figured prominently at Tuesday’s weekly meeting of ministers at Committee Room 3 in the parliament complex.

Strange but true, there was only one minister who opposed any measures against the media. That was Foreign Minister Mangala Samaraweera. He was perhaps conscious that it was he who would have to answer questions in world capitals about the Government’s about turn in just two years. During the elections, speakers at different political rallies spoke of media suppression, murders, abduction in white vans and other forms of harassment. They pledged they would not only deal with those responsible but also ensure those dastardly acts were a thing of the past. Now, how would he justify what may turn out to be a possible move to control the media.

The issue came to the fore last Tuesday when Media Minister Gayantha Karunatilleke raised issue about a local television network. Media Secretary Nimal Bopage had claimed that the channel had misreported President Sirisena’s speech to war heroes at the Sri Lanka Foundation Institute (SLFI) on October 11. He had sought a written explanation from the channel. In its response, the television channel had replied that there was no “intentional” misreporting but pointed out that they had to take only the main elements from a speech that lasted over 30 minutes. The ensuing discussion saw some ministers criticising Bopage for what they said was his behaviour akin to a Minister. Others criticised the television network and charged that it was espousing the interests of those in the opposition.

The discussion widened to other areas. Minister Nimal Siripala de Silva opined that the Criminal Defamation law should be re-introduced. This has been his pet hobby at previous meetings too. The proposal, however, did not draw support from other ministers. Justice Minister Wijeyadasa Rajapakshe argued that not only the electronic media but the print media also should be brought under some form of control. He spoke in Sinhala. “Tikak innako. Mang karrannam wedey” or just wait a while. I will do the job,” he declared.

Rajapakshe has already launched a campaign against a London-based website which reports both in English and Sinhala. In the wake of this, the Gampaha Magistrate issued an international warrant for the arrest of the editor. The procedure now would be for the Sri Lanka Interpol branch, located in the office of the Criminal Investigation Department (CID), to convey the court order to the Interpol Headquarters in Lyons, France. In recent times, Interpol has changed procedures. It no longer issues a Red Notice acting on a court order from a member country for an arrest. It is now done only when a person is convicted. Instead, Interpol issues a Blue Notice. This is expected in the case of even Udayanga Weeratunga, former Sri Lanka Ambassador to Russia. He is wanted by the Financial Crimes Investigation Division (FCID) in connection with investigations into the procurement of MiG-27 fighter jets. The issue of a Blue Notice is by no means a requirement that the country where the person named lived would be deported to Sri Lanka. The only immediate outcome would be his inability to travel outside the country of such person’s residence. In this case, the editor concerned will not be able to travel outside Britain.

Foreign Minister Samaraweera raised strong objections on moves to deal strongly with the media. He said when they were in the opposition, they had worked for media freedom and promised to undo what the previous administration did. Now, he said, the Government would be accused of stifling the media. When a minister pointed out that there was defamatory or bitter criticism against them, he said, “why not respond by hitting them hard. That is the way to deal with it.” He said it could otherwise boomerang on the Government.

President Sirisena concurred with Rajapakshe’s remarks on measures against the media and added that even the social media should be covered. He re-iterated his previous remarks that the State-run media, particularly the Lake House group, did not give him adequate exposure. Prime Minister Ranil Wickremesinghe noted that the media were sometimes “irresponsible” and the reportage was “not factual.” It was agreed that both President Sirisena and Premier Wickremesinghe would meet to formulate ways and means of dealing with the media. The new measures are now being awaited.

At Thursday’s briefing on matters that came up at the ministerial meeting, no mention was made about the discussion. However, Media Minister Karunatilleke, in what appears to be a separate move, announced that he had presented a Cabinet Memorandum to initiate a dialogue on setting up an “Independent Regulatory Commission” for the media. “We intend to publish advertisements requesting the public to contribute to this dialogue by offering suggestions before December 21. We hope to conclude public consultations by December 31,” he said.

Karunatilleke cautioned that “the Government had the power to formulate laws and policy with regard to media” but added that “we will not be forcing a regulatory mechanism on anyone.” He said the proposed Commission would be established through consensus after obtaining “views of all stakeholders, including members of the media and general public.” He claimed “it is not enough to simply have media freedom. Journalists should also have that freedom within the institution they work and this body will ensure that.”

On Friday, in what seemed at lightning speed, quarter page advertisements appeared in the media inviting public representations on seven different issues. Among the seven points are ones which recognises the right of the media to (a) gather and disseminate news and information; (b) to engage in critical reporting on matters of public interest, and (c) participate in the process of forming public opinion. More salutary is a pledge to make it a penal offence for anyone wilfully to obstruct the legitimate collection of news and information by a journalist working for a media outlet. Another is the provision to “put in place systems to promote the safety of journalists” and “protect journalist’s right to not disclose his/her confidential sources of information.

However, the advertisement for “establishment of media rights and standards for developing an advanced media culture” wants to:
Make it illegal to impose sanctions on or to terminate the employment of an editor or a journalist because of his or her refusal to violate recognised professional codes or practice.

Establish an independent council with a mandate to develop and apply codes of practice for media outlets, based on internationally recognised standards.
In all these instances, it is the Government that wants to introduce what it perceives or would decide are “internationally recognised standards” on the media though public consultation is a flimsy prelude. The public views have been sought by the Director General of Government Information. There is no barrier to such “public views” being taken into consideration when other measures discussed by ministers are formulated.

Another matter of concern for the Government is the fear of growing religious extremism. This saw an extended meeting of the National Security Council (NSC) the previous Thursday. It was chaired by President Sirisena at his Paget Road residence. Prime Minister Ranil Wickremesinghe, Public Safety Minister Sagala Ratnayake, State Minister for Defence Ruwan Wijewardene, Defence Secretary Karunasena Hettiaratchchi, the Police Chief, Armed Forces chiefs and heads of intelligence services were the usual participants. Those invited for the special meeting included Ministers Patali Champika Ranawaka, Rauff Hakeem, Rishad Bathiuddin, former Colombo Mayor A.J.M. Muzamil and Venerable Athureliya Rathana Thera, MP.

The meeting began with a presentation by Nilantha Jayawardena, Director of the State Intelligence Service (SIS) on how a little over 20 extremist groups of different ethnicities have begun operating and were threatening ethnic harmony. He identified each group by giving the names of those leading it. He referred to some Buddhist monks and also to a few Muslim groups, the Thowheed Jamaath in particular. He spoke of the departure of some Muslim families to join the ISIS. Ven. Rathana Thera was critical of all those groups. He said those claiming to be representatives of the Buddhist clergy were not believers of the Buddha Sasana. Similarly, he warned that extreme Muslim groups had to be watched. He asked why no mention was made in the SIS presentation of purported ISIS representatives coming to Sri Lanka under cover of preaching. Hakeem was to point out that these groups were created and nurtured under the previous Rajapaksa regime under different guises.

The day after the NSC meeting (on November 18), Wijeyadasa Rajapakshe told Parliament that 32 members of four Sri Lankan families had joined ISIS. The fact that a smaller Muslim group had joined is nothing new. It was reported in the Sunday Times (Café Spectator) of December 27, 2015. The report then said “A state intelligence arm has warned the Government over what it fears is the radicalisation of Muslim groups turning out to be supporters of the ISIS – the Islamic State of Iraq and Syria. The concerns are reflected in a top secret report sent to President Maithripala Sirisena and Prime Minister Ranil Wickremesinghe. The report comes in the wake of two foreign governments informing about what they believe is ISIS activity in Sri Lanka.

The Government has learnt that 45 Sri Lankans from nine families have entered Syria where heavy fighting is now raging. This is after arriving in Turkey and crossing the border. Some had even transited in Pakistan to cover their trail. Whilst some are engaged in combat roles, others are said to be deployed in logistical tasks……”

Rajapakshe warned that though the Prevention of Terrorism Act (PTA) was not in operation at the moment, it seems that the situation developing in the country would pave the way to enact it again. How he came to make such a remark which reflects Government policy without ministerial approval is unclear. The statement was to cause concern at the highest levels of the Government. So much so, official Government spokesperson Minister Rajitha Senaratne was asked to deny Rajapakshe’s claims at Thursday’s news conference.

Senaratne said the defence establishment had denied any record of 32 Sri Lankans joining the ISIS in “recent times.” He added “the Sri Lankans from four families had left a long time ago and they did not leave from here.” He made clear that Wijeyadasa Rajapakshe’s remarks during the budget debate were not the policy of the Government but his own view. However, the damage was done. Several leading Muslim groups, most of whom supported President Sirisena at the presidential elections and the UNP at the parliamentary elections, raised issue. They lodged protests and issued statements condemning the Government. At the NSC meeting President Sirisena directed Police Chief Pujith Jayasundera to arrest those responsible for causing racial unrest, hate speech and related acts. The latter has already sent out instructions to Police countrywide.

At their weekly meeting on Tuesday, ministers also discussed setting up special courts to hear cases. Justice Minister Rajapakshe wanted those proposing the idea to give him the details. Minister Senaratne noted that cases in normal courts took an extremely long time. Minister Ranawaka was to note that something had to be done before the next elections. Those responsible for mega scams should be brought to book before that, he added.

Ministers, also at their weekly meeting late last month, gave approval to a far reaching piece of legislation titled Development (Special Provisions) Bill. It will now be published in the Government Gazette and presented in Parliament. Some changes suggested by President Sirisena, Finance Minister Ravi Karunanayake and Ports and Shipping Minister Arjuna Ranatunga will be moved at the Committee stage. Ministers have also been asked to forward suggestions, if any, to be considered for amendments.

The aim of the new law, according to the draft bill, “is to facilitate the formulation of a national policy on all subjects including accelerated economic development of Sri Lanka.” The Minister in charge (in this instance the Prime Minister Ranil Wickremesinghe who is Minister of National Policies and Economic Affairs), in consultation with the Chief Minister of the relevant province, could declare any area demarcated for economic development with the only exception being paddy lands. Such Development Areas will cover manufacturing, tourism, science and technology, logistics, business and service, hi-tech fisheries and hi-tech agriculture. Every order declaring such an area will be subject to parliamentary approval.

The law will enable the Minister of National Policies and Economic Affairs to appoint “a panel of eminent persons” to be consulted by the President or the Prime Minister, from time to time, on formulation of national policy. A Policy Development Office is to be established with a threefold objective – (a) review the global economic, political, social and environmental developments and their impact on Sri Lanka, (b) revisit the existing policy of Sri Lanka and critically analyse it with a view to revitalising it to meet new challenges, and (c) ensure that the policy is in consonance with goals set by the Government.
An Agency for Development, to be set up under the proposed law, will be vested with 16 different objectives including “modernising the economy, promoting export of goods and services, ensuring consumer welfare and generating employment.” As is clear, many of these functions are now the responsibility of different ministers.

It will be the lawful responsibility under the proposed law for the Agency to give directions to the Board of Investment, the Sri Lanka Export Development Board, the Information and Communication Technology Agency (ICTA), the Civil Aviation Authority, the Sri Lanka Ports Authority, the Water Supply and Drainage Board and the Sri Lanka Tourism Promotion Bureau. Where the Board of Investment seeks to develop any venture in any such economic development zone, it shall make an application in that respect to the Agency and it may grant its approval. Similarly, where the Sri Lanka Tourism Development Authority seeks to develop any venture in any such economic development zone, it shall make an application in that respect to the Agency.

The proposed law makes provision for the creation of a National Policy on Rural Modernisation (referred to as the Board) headed by the President and comprising the Prime Minister, Ministers in charge of the subjects of finance, the rural economy, land, development strategies and international trade, industries, agriculture, fisheries, plantation industries and animal husbandry, Chief Ministers of all provinces, seven members appointed by the President, the Managing Director and the Director responsible for policies. Regional Development Boards to be set up will ensure co-ordination of economic development plans.

Five different Development Boards for the Southern, Wayamba, Central, Eastern and Northern Provinces are also being proposed under the new law. The new law also envisages the creation of an Agency for International Trade to be managed by a Board. It will comprise the Director General of Commerce, the Controller of Imports and Exports, the Chairman of the Sri Lanka Export Development Board, the Chairman of the Tea Board, the Chairman of the Joint Apparel Exporters Federation, a representative of the Minister of Foreign Affairs, a representative of the Minister of Finance, a representative of the Joint Apparel Exporters Associations and six others appointed by the Minister.

Among the functions tasked for the proposed Agency for International Trade are ones now handled by the Ministry of Foreign Affairs. The proposed law lays down that the Agency liaise with international organisations like the World Trade Organisation (WTO), the Organisation for Economic Co-operation and Development (OECD), the United Nations Conference on Trade and Development (UNCTAD), the Association of South East Asian Nations (ASEAN), the Asia-Pacific Economic Co-operation (APEC), Bay of Bengal Initiative for Multi Sectoral, Technical and Economic Co-operation (BIMSTEC) and the South Asian Association for Regional Co-operation (SAARC).

After the new law comes into effect, the draft makes clear, that the Urban Development Authority shall not exercise laws relating to them “in such manner as will adversely affect the implementation of any plans, programmes or schemes approved. Similarly the Mahaweli Development Authority Act will also not apply in such “manner as will adversely affect the implementation of any plans, programmes or schemes approved under the new law. It also extends to the Sri Lanka Tourism Development Authority and the Ceylon Tea Board.

The proposed law has made provision to prevent prosecution against:
(a) The Agency, Board or other institution for any act which in good faith is done, by such Agency, Board or other agency or other institution under this Act.
(b) Any member, officer servant or agent of such Agency Board, or other institution for any act which is done, or purported to be done by him in good faith under this Act or on the direction of such Agency, Board or other institution, as the case may be.

It is unlikely that the new Development (Special Provisions) Bill will be debated in Parliament in January. Once it is gazetted, two weeks’ time will have to be allowed for any possible reference to the Supreme Court by members of the public. In January the six different subcommittee reports on constitution making will be subject to a two-day debate. Thereafter, the Central Bank bond issue is to come up for debate.

The New Year 2017 will dawn with many challenges both for the Government and the media. If they choose to impose restrictions on the media, through a carrot and stick policy, one of appeasing and the other of opposing, the first test will come during the local government elections. Two years into office, there is no gainsaying that the present administration was swept to power with strong media support, electronic, print and social. Now they have become the enemy number one as different ministers speak in different voices, mostly influenced by their own agendas.