VoT:
question in the air
Has
Oslo crossed the Vienna line?
By Our
Diplomatic Editor
Has Norwegian Ambassador Jon Westborg violated the Vienna
Convention under which all diplomats must work; and if so, should
he be declared persona non grata?
The Sunday
Times publishes below the relevant paragraphs of the Vienna Convention
and the corresponding local law for our readers benefit. The question
here is this; Did the Norwegian embassy in Colombo import the VoT
equipment as Diplomatic cargo? The Norwegians have said nothing
uptodate. On Friday, however, an un-signed statement issued by the
Office of the Government Spokesman says "No", the Norwegians
did not import the consignment as diplomatic cargo.
Then, how was
the Norwegian embassy permitted to clear the consignment without
paying duty if it was not exempted of duty?
And is honesty
on the part of the Norwegians who are supposed to be the 'Honest
Broker' in the peace process with the LTTE, have lent their name
to import cargo so far duty-free;
And have they,
in the least, violated the spirit of the Vienna Convention on diplomatic
norms and good behaviour?
The Vienna
Conveniton on Diplomatic Relations says:
Article 36
The receiving
State shall, in accordance with such laws and regulations as it
may adopt, permit entry of and grant exemption from all customs
duties, taxes, and related charges other than charges for storage,
cartage and similar services, on:
articles for
the official use of the mission;
articles for
the personal use of a diplomatic agent or members of his family
forming part of his household, including articles intended for his
establishment
The personal
baggage of a diplomatic agent shall be exempt from inspection, unless
there are serious grounds for presuming that it contains articles
not covered by the exemptions mentioned in paragraph 1 of this Article,
or articles the import of export of which is prohibited by the law
or controlled by the quarantine regulations of the receiving State.
Such inspection shall be conducted only in the presence of the diplomatic
agent or of his authorised representative.
Article 50
EXEMPTION
FROM CUSTOMS DUTIES AND INSPECTION
The receiving state shall, in accordance with such laws and
regulations as it may adopt, permit entry of and grant exemption
from all customs duties, taxes and related charges other than charges
for storage, cartage and similar services, on:
articles for
the official use of the consular post;
Articles for
the personal use of a consular officer or members of his family
forming part of is household, including articles intended for his
establishment. The articles intended for consumption shall not exceed
the quantities for direct utilisation by the persons concerned.
Consular employees
shall enjoy the privileges and exemptions specified in paragraph
1 of this Article in respect of articles imported at the time of
first installation.
Personal baggage
accompanying consular officers and members of their families forming
part their households shall be exempt from inspection. It may be
inspected only if there is serious reason to believe that it contains
articles other than those referred to in sub-paragraph (b) of paragraph
1 of this Article, or articles the import of which is prohibited
by the laws and regulations of the receiving State or which are
subject to its quarantine laws and regulations. Such inspection
shall be carried out in the presence of the consular officer or
member of his family concerned.
Article 55
RESPECT FOR
THE LAWS AND REGULATIONS OF THE RECEIVING STATE
Without prejudice to their privileges and immunities, it is the
duty of all persons enjoying such privileges and immunities to respect
the laws and regulations of the receiving State. They also have
a duty not to interfere in the internal affairs of that State.
The consular
premises shall not be used in any manner incompatible with the exercise
of consular functions.
The provisions
of paragraph 2 of this Article shall not exclude the possibility
of offices of other institutions or agencies being installed in
part of the building in which the consular premises are situated,
provided that the premises assigned to them are separate from those
used by the consular post. In that event, the said offices shall
not, for the purposes of the present Convention, be considered to
form part of the consular premises.
Article 62
EXEMPTION FROM
CUSTOMS DUTIES
The receiving
State shall, in accordance with such laws and regulations as it
may adopt, permit entry of, and grant exemption from all customs
duties, taxes, and related charges other than charges for storage,
cartage and similar services on the following articles, provided
that they are for the official use of a consular post headed by
an honorary consular officer: coats-of-arms, flags, signboard, seals
and stamps, books, official printed matter, office furniture, office
equipment and similar articles supplied by or at the instance of
the sending state to the consular post.
Local law
Diplomatic Privileges Act, No. 9 of 1996 -
Article 36
1. The receiving
state shall, in accordance with such laws and regulations as it
may adopt, permit entry of and grant exemption from all customs
duties, taxes and related charges other than charges for storage,
cartage and similar services, on:
(a) articles
for the official use of the mission ;
(b) articles
for the personal use of a diplomatic agent or members of his family
forming part of his household, including articles intended for his
establishment.
2. The personal
baggage of a diplomatic agent shall be exempt from inspection, unless
there are serious grounds for presuming that it contains articles
not covered by the exemptions mentioned in paragraph 1 of this Article,
or articles the import or export of which is prohibited by the law
or controlled by the quarantine regulations of the receiving State.
Such inspection shall be conducted only in the presence of the diplomatic
agent or of his authorised representative.
Double standards, says Diyawadana Nilame
Diyawadana Nilame Neranjan Wijeratne has accused the government
of practising double standards when it refused to grant permission
for the Dalada Maligawa to operate a radio station. 'The Ministry
of Mass Communication in a written communication has informed me
that it would not be able to grant permission to operate the radio
station until the Communications Bill is passed in Parliament. But
it has not cited the proposed bill when it approved the LTTE radio
station," Mr. Wijeratne said. Pointing out that the letter
sent to him bore the reference number D-15 and the reference number
given to the LTTE file was D-16, the Diyawadana Nilame accused the
ministry of practising double standards.
He said the
Maligawa sought permission for a radio station in April and it was
sent from pillar to post till the Ministry replied in October, stating
its position although the Prime Minister's Office and the Ministry
of Buddha Sasana had recommended the application.
Mr. Wijeratne
said the objective of setting up of the radio station was to give
coverage to Buddhist and Maligawa activities and events.
'When we first
made our application to the Telecom Regulatory Commission we were
called for an interview. My Private Secretary Lakshman Dharmapriya
and two others who went for the interview were told to negotiate
with the SLBC to obtain a frequency and approval for a transmission
station in Matale. But the SLBC failed to respond to our letters.
When we made inquiries, a senior SLBC official said he was not bound
to respond to the letters from the Diyawadana Nilame. It was only
after this we applied to the Ministry of Mass Communications which
informed us in a letter a signed by Ministry Secretary Kumar Abeysinghe
its inability to grant permission.
The letter
sent by Mass Communication Ministry Secretary Kumar Abeysinghe
to the Diyawadana Nilame
15.10.2002
Mr. Niranjan
Wijeratne
Diyawadana Nilame
Sri Dalada Maligawa
Kandy.
APPLICATION
FOR A LICENCE TO OPERATE A RADIO BROADCASTING
SERVICE AT SRI DALADA MALIGAWA
Dear Sir,
I refer to your letter dated 29th August, 2002
TRC's
letter to the Diyawadana Nilame
15.07.2002
Hon.
Neranjan Wijeyaratne
Diyawadana Nilame
Sri Dalada Maligawa
Mahanuwara
Dear
Diyawadana Nilame
Request
to Obtain Frequencies
Further
to your letter of 2002/06/26 and discussing had with Mr. Dharmapriya,
Private Secretary and others it was decided to seek the following
options.
(01) As
the frequencies mentioned are allocated, to seek your good
offices to request users to vacate those frequencies required
and to inform us if successful.
(02) Negotiate
with SLBC to share the 100.7 MHz Frequency at Kandy which
is in the operation at Karagahathanne.
(03) To
reconsider the possibility of using Medium Wave Frequencies
which can be considered for island wide operation.
Please
do the needful.
Yours faithfully,
TELECOMMUNICATIONS
REGULATORY COMMISSION OF SRI LANKA
Themiya L B Hurulle
Director General
|
Three long months
of silence after the top secret deal where the Liberation Tigers
of Tamil Eelam (LTTE) obtained sophisticated radio equipment for
Voice of Tigers (VoT), the Government broke silence last Friday.
In an official
response, the UNF Government spokesman issued a seven-page statement
to clarify what it called "concerns expressed in the media
about the circumstances in which a licence was issued to the LTTE
Peace Secretariat to operate a private radio transmission in Vanni."
The statement
dealt with four aspects: (1) whether the LTTE Peace Secretariat
was duly authorised to operate an FM radio transmission facility
and the conditions attached thereto (2) whether the security implications
for the country were safeguarded by the authorities in the importation
of the equipment (3) the implications security-wise of the VSAT
communication equipment acquired by the LTTE, and (4) clearance
of the consignment and the role of the Norwegian Embassy.
The Sunday
Times today publishes the full text of the statement with observations
on each by our Diplomatic Correspondent.
Whether
the LTTE Peace Secretariat has been duly authorised to operate an
FM radio transmission facility and the conditions attached thereto:
A licence to
operate and maintain a private broadcasting station was issued by
the Government to the Secretary General of the LTTE Peace Secretariat
on November 11, 2002 in terms of Section 44 of the Sri Lanka Broadcasting
Corporation Act No 37 of 1966 under the following terms and conditions.
As will be seen the main features of the licence are:
* the broadcasting
programmes should be in accordance with the norms, standards and
code of ethics followed by the SLBC
* high quality
shall be maintained both as regards to transmission and the matter
transmitted
* broadcasting
programmes shall be confined to educational, sports, entertainment
(with desirable family content) and foreign news.
* local news
may only be broadcast with the approval of the Director of Information
* any advertising
should be in accordance with the Code of Ethics adopted by the SLBC
* a specific
frequency shall be used - 98 MHz has been assigned to the Peace
Secretariat, subject to the following:
- Location
- to be fixed at Kilinochchi
- Output Power
- 5 kw
- Coverage
area - 20 km radius
- Altitude
- 75 metres high
* in addition
the licence empowers the Minister of Mass Communication to impose
any other condition from time to time, as he may consider necessary,
for the purpose of carrying on the service of broadcasting in Sri
Lanka.
* The licence
was issued in response to a specific request by the LTTE on October
18, 2002 for a licence to operate a FM radio station at Kilinochchi.
This letter
is reproduced below for public information:
"Hon.
Imithiaz Bakeer Marker
Minister of
Mass Communication
Dear Sir,
This request
is made, in order to obtain a licence, to operate an FM Radio Station
at Kilinochchi.
As you know,
a large population living in the North and East province, are deprived
of Education, News and Entertainment, due to lack of FM Radio Station,
and also due to the poor signals from the broadcasting stations
that are located in Colombo.
If I may say
correctly, in certain parts of the North Eastern Region, broadcasting
reception is virtually non-existence. (sic) The need for broadcasting
services have become al the more important today, to strengthen
the peace initiatives, currently undertaken by both by Sri Lanka
government and the LTTE.
You would undoubtedly
agree with me, a well-informed public is a precondition for the
consolidation of peace efforts by all of us. Therefore we should
explore all possible means of reaching the public, to keep them
informed. Moreover, in the absence of any widely circulated newspaper
in the area, you would agree with me that, radio broadcasting is
the only way in which we can reach the people in a cost effective
manner.
Considering
the importance and urgency of the need, the Tamil Peace Secretariat
has decided to commence a radio station, under the proper licence
from the Sri Lanka Government, for the benefit of the people of
the North and East.
Therefore,
we shall be grateful if you could issue a licence and allocate a
suitable frequency, in order for us to establish and operate a FM
Radio station, for the benefit of the people of the North and East.
Your early
responses to the request of ours will be greatly appreciated.
Yours sincerely,
(Signed)
S Puleedevan
Secretary General
LTTE Peace
Secretariat
c.c.
1. Secretary to the Hon. Prime Minister
2. Secretary
to the Minister of Defence
3. Secretary
to the Peace Secretariat in Colombo"
It will be
clear that the grant of the license to the LTTE Peace Secretariat
brings, for the first time, such radio transmissions by the LTTE
under the Laws of Sri Lanka. It subjects the holder of the license,
the LTTE, to specific conditions regarding the content and manner
of its broadcasting in future. Indeed these are the self-same conditons
which apply to all other private FM licence holders operating in
the rest of the country such as Yes FM, Sirasa, Shakti, Shri etc.
This request
of the LTTE for a radio channel has to be seen in the context of
the positive developments towards a permanent peace in the country,
which commenced with the signing of the ceasefire agreement between
the Government and the LTTE on February 22, 2002. It represents
an important step in the transformation of the LTTE into a political
grouping within the mainstream of the Sri Lankan political system.
The public will
appreciate that the willingness of the LTTE to submit itself to
the authority of the Government in this manner is a 180-degree change
from that which prevailed in the earlier period when the LTTE ran
an unauthorised and illegal radio operation termed the Voice of
Tigers.
It is also
well known that the LTTE has had radio and even TV transmission
facilities of its own in some countries abroad.
The equipment
for the setting up of the radio broadcasting facility was purchased
by the LTTE in Singapore and a list of the items to be imported
by sea on the vessel MV Kota Tegop due in Colombo on October 17
was also made known to the Government. The equipment purchased,
and to be imported, was reported as follows:
FM Transmitter
US$
1.FM Transmitter
plus backup transmitter 52,600.00
2.FM Antenna (4 boxes) 2 18,000.00
3.RDS Audio 800.00
4.MPS Clipper/Generator 1 3,850.00
5.VMC 4,000.00
6.Antenna Cable 2,600.00
EDIT Room
1.Mixing console 750.00
2. CD Player 560.00
3.MD Recorder 1 906.00
4.Microphone 1 595.00
5. Microphone Holder 1 95.00
6.Microphone Processor 1 2,275.00
7.Patch Panel 2 880.00
8.Loud Speaker 2 920.00
9. Headphones 2 300.00
10.Technology furniture 1 1,800.00
11. Cabling 1 1,500.00
93,265.00
12.VSAT communication unit 1 25.000.00
The consignment
on arival at the Customs was inspected by a technical team appointed
by the Ministry of Defence, consisting of the following government
experts:
Upali Arambewela (Additional Director General Sri Lanka Rupavahini
Corporation), A Gunawardena (Group Captain - Director Electronics
& Telecommunications - Sri Lanka Air Force), Brig. Y S A de
Silva (Director Signals - Sri Lanka Army) and R D Somasiri (Advisor,
Ministry of Mass Communications).
The technical
team has confirmed that the FM transmitter equipment in the consignment
can be used for FM broadcasting and radio data transmission. A few
technical observations made by the team are being conveyed to the
LTTE Peace Secretariat for compliance.
Following the
Technical Evaluation, the Ministry of Defence confirmed that it
had no technical or security objection in agreeing to the issue
of a licence, provided the Sri Lanka Telecommunication Regulatory
Commission allocated a frequency that did not in anyway interfere
with the communication frequencies currently used by the Security
Forces.
On November
27, the Ministry of Mass Communication informed the Secretary Defence
that the operation of the broadcasting transmitter which has been
cleared by the inspection committee would not cause any interference
to the existing radio transmission network of the security forces.
It was said that the transmitter has been designed to operate within
the frequency band of 87 MHz to 109 MHz in the FM band and that
the output power is 1 kw. It was also mentioned by the Ministry
of Mass Communication that the transmitter output power of other
licensed broadcasting agencies/companies was well above 1 kw.
On December
9, the Telecommunication Regulatory Commission made its determination
about the fees payable for the frequency assigned to the LTTE Peace
Secretariat. The details of this are as follows:
1.Freqency
assignment fee for 12 months Rs. 22,500.00
2.Licence fee and power charges Rs. 45,000.00
to be paid after the test transmissions are in order
3.Yearly licence and power charges Rs. 45,000.00
Payable yearly
to the Telecommunication Regulatory Commission - (TRCSL)
The TRCSL has
made the suggestion that while it notes that the transmissions are
to be in the Tamil language, the people are to get an all round
exposure it would be appropriate to introduce programmes in the
English and Sinhala languages too since this would enhance the end
result of the peace efforts.
The Sunday
Times Diplomatic Correspondent: Obtaining Government approval to
operate a radio station is a process that requires clearance from
several State agencies. Once a request is made to the Ministry responsible
for the subject of media (in this instance, the Ministry of Mass
Communications), clearance has to be obtained from the Ministry
of Defence and now from the Ministry of Interior too.
Themiya Hurulle,
Director General of the Telecom Regulatory Commission (TRCSL) told
The Sunday Times "our task is to allocate a frequency after
the Ministry of Mass Communications approves the application. We
do not take any policy decisions."
In the case
of the LTTE, the application was dated October 18, 2002 - just 44
days after it was deproscribed by the Government from being a terrorist
organisation (on September 4). By the Government's own admission,
the application for permission to operate a radio station has been
made (on October 18) just one day after the LTTE had already imported
the equipment. The statement says "the radio broadcasting facility
was purchased by the LTTE in Singapore" and the items arrived
on the vessel MV Kota Tegop in Colombo on October 17.
In other
words, even before approval was obtained from the Government of
Sri Lanka, the LTTE has purchased and shipped to Colombo the radio
equipment it required. In the case of all other applicants, they
are required to first obtain approval before they import equipment.
It is only after approval that a licence to import equipment is
issued. But the LTTE did not have to follow these rules or procedures.
In the case
of all other applicants, the time taken to process their requests
in view of the involvement of several State agencies is many months.
In the case of the LTTE, it won approval just a day after it had
imported the equipment. It also came just 44 days after a ban on
the LTTE was lifted.In the case of all others who sought and obtained
approval (and later imported equipment), the granting of permission
to operate a broadcasting station had to be approved by the Cabinet
of Ministers. In the case of the LTTE there has been no such approval.
The Government says the LTTE had agreed to terms and conditions
laid down by the Sri Lanka Broadcasting Corporation which is the
licensing authority. That includes a specific ban preventing the
LTTE from broadcasting local news without the approval of the Director
of Information. It remains to be seen whether the LTTE will abide
by these conditions and whether the SLBC will be in a position to
take any punitive action for any violations. But the Government
spokesman gloats that for the first time LTTE "radio transmissions"
under licence from the Governemnt was going to be in accordance
with laws of Sri Lanka. He also gloats that "the public will
appreciate that the willingness of the LTTE to submit itself to
the authority of the Government in this manner is a 180 degree change
from that which prevailed in the earlier period when the LTTE ran
an unauthorised and illegal radio operation termed the Voice of
Tigers."
It is no secret that the LTTE still continues to operate the Voice
of Tigers radio station. The question that begs answer is whether
the LTTE has made a 180-degree change only in respect of winning
approval for a consignment of broadcasting equipment in accordance
with the laws of the land. What about other laws of the land ? How
come it operates its own "Police Stations," "Courts
of Law," "Banks," a "Navy," and an "Army"
etc.? Why have they not made a 180 degree change in respect of these
and many other issues. Is it only because they received most favoured
status to obtain the broadcasting equipment?
The spokesman
refers to a technical team of experts who examined the equipment.
Their task was purely to ascertain whether the equipment imported
was in conformity with the declaration made by the Norwegian Embassy
and other technical aspects. In their report, they noted that a
VSAT communication unit (not a part of the broadcasting equipment)
was missing?
The spokesman
says a "few technical observations made by the Team are being
conveyed to the LTTE Peace Secretariat for compliance." This
is after approval is granted and the goods are released, the LTTE
is being asked to comply. What happens if they don't?The spokesman
says the Ministry of Defence "confirmed that it had no technical
or security objection in agreeing to issue of a licence." Which
Defence Ministry official decided that there was no security objections.
Was it his own personal decision to help the LTTE or did he consult
any expert opinion? Did he seek expert advice on whether the issue
of the licence would cause security implications to Sri Lanka's
neighbours ?
The Telecommunication
Regulatory Commission refers to fees it has slapped down on the
LTTE for frequency and other charges. None of these moneys, The
Sunday Times learns, has yet been paid. Here again it was a privilege
afforded to the LTTE.
It is, therefore,
clear that none of the other licensed broadcast operators have enjoyed
the privileges afforded to the LTTE.
Whether
the security implications for the country were safeguarded by the
authorities in the importation of the equipment
The procedures
described above after the consignment was received in the country
and in particular, the detailed inspection of the items by the Technical
Evaluation team consisting of high ranking military officials, while
they were under the custody of the Customs, would indicate that
the consignment contained only equipment for the FM Transmitter
and no lethal material of any kind which would be harmful to the
security of the country. The consignment as noted above, also contained
VSAT telecommunication equipment which had been cleared earlier
under licence by the TRCSL. Details regarding the VSAT equipment
are given in the answer to item 3 below.
As a further
precaution that no material other than the FM Transmitter accessories
would be delivered to the Peace Secretariat at Kilinochchi, the
Ministry of Defence arranged for the consignment to be packed and
sealed and dispatched to Kilinochchi under Police escort.
The Sunday
Times Diplomatic Correspondent: It is clear from the spokesman's
own admission that the LTTE sought the import of only broadcasting
equipment. How come a VSAT was included? Was there a separate request
to import VSAT equipment? Who made it and who gave approval for
it. How did it arrive with the consignment containing the broadcasting
equipment and how was it cleared separately?
If in fact
the broadcasting equipment was such a straight forward deal and
the SCOP (Peace Secretariat) cleared it to be handed over to the
LTTE Secretariat, the need to place a seal and escort it by Police
under arrangements made by the Ministry of Defence is indeed intriguing.
Earlier, a Ministry official denied he had issued a letter to the
Police officer escorting the consignment. Now there is an admission
that the Ministry did make the arrangements.
It is no
secret that the LTTE has an intricate satellite communications network
for use not only by the organisation but also by the civilian public
in areas controlled by them. Who made the application for the licensing
of the VSAT equipment by the LTTE and what were the terms and conditions
stipulated?
The implications
security-wise of the VSAT communications equipment acquired by the
LTTE
The VSAT equipment
in the consignment received by the LTTE secretariat in Singapore
is unconnected to the FM Transmission equipment and relates to LTTE's
expressed need for data and voice communication abroad. This is
apparently necessitated due to the peace talks being mostly conducted
abroad. A public switch telephone network was only made available
in the Vanni recently.
As a matter
of interest it should be mentioned that VSAT approval had been granted
by the TRCSL to the following operators: SLT, Lanka Bell, Suntel,
Lanka Internet Services, Eureka Online Pvt. Ltd., Lanka Global (Access
Towers), World Bank, Sir Arthur C. Clarke, and the SLIDA Distance
Learning Centre, in all 16 authorised VSAT terminals being operated
in various locations.
There is therefore
no reason for speculation that the VSAT terminal which has now been
licensed by the TRCSL will pose any particular threat to Sri Lanka.
The Sunday
Times Diplomatic Correspondent: the answers to security implications
referred to in item two explains.
By citing
examples of other VSAT equipment users, the spokesman tries to justify
the release of this sophisticated satellite equipment to the LTTE.
Other licensed users operate it for internet and e-mail services.
There are hardly a handful of computer users in Tiger guerrilla
dominated areas to use internet or computer facilities. Why then
was the VSAT equipment released? Why does the spokesman say there
is no reason for speculation that the VSAT will not pose any security
threat? How does he know? It was not examined by the team of technical
experts who scrutinised the broadcastiang equipment. In fact they
said the VSAT equipment was missing. What is behind this mystery?
Clearance
of the consignment and the role of the Norwegian Embassy
Following the
original application by the Secretary General of the LTTE Peace
Secretariat for a licence to operate an FM radio station, a request
was received from the LTTE for the consignment to be cleared duty
free. Exemption from taxation of any kind, including VAT, was sought
since the LTTE urged it was for a purpose associated with the peace
process. After consideration by the Ministry of Finance, the LTTE
Peace Secretariat was informed that this request could not be granted
since no exemptions on duty or VAT were being permitted by the Government
in any instance.
It was these
circumstances that the facilitator of the peace process - the Embassy
of Norway in Sri Lanka - was approached by the Government (SCOPP)
to attempt to resolve the issue. It must be emphasised that the
LTTE had no part in the matter and that Norway was consulted at
this point regarding a resolution of the impasse, solely by the
Government. Norway acting as the consignee was also important in
terms of the security verification of the consignment. If the Defence
Ministry evaluation was adverse, the consignment was to be sent
back to the port of origin. If the clearance was granted, the consignment
was to be handed over to SCOPP who in turn were to hand it over
to the LTTE Peace Secretariat.
The Norwegian
Government, in terms of its agreement with the Sri Lankan Government
has agreed to finance the setting up of institutional mechanisms
to take forward the peace process. Norwegian assistance of over
Rs. 12 million as an initial contribution to the setting up of the
Secretariat for Coordinating the Peace Process (SCOPP) has been
one such initiative.
Given the interest
of the Government, the Norweigan Embassy agreed to act as the consignee
for the equipment. This was done on the understanding that the goods
would immediately be taken over by SCOPP. This was done in accordance
with the existing agreement between the two governments on such
projects as SCOPP.
The Embassy
also agreed that the agreement relating to the Norwegian contribution
to SCOPP would permit such funds to be utilized for reimbursement
to the Ministry of Finance of any loss of revenue, if required.
Finally it
needs to be underlined that the equipment was consigned to the Embassy
not as diplomatic cargo. The Embassy assistance in the importation
was as a contribution to the peace process.
This facilitated
the above mentioned technical evaluation and clearing of the goods
by SCOPP, who in turn handed over the goods to a representative
of the LTTE Peace Secretariat who accompanied the goods under Police
escort to the Vanni.
The Sunday
Times Diplomatic Correspondent: Interesting enough, the Finance
Ministry flatly turned down the LTTE request for a duty waiver on
the grounds that no exemptions of duty or VAT were being permitted
by the Government in any instance.
The spokesman says "it was in these circumstances that the
facilitator of the peace process - the Embassy of Norway in Sri
Lanka - was approached by the Government (SCOPP - the Secretariat
for Co-ordinating the Peace Process) to attempt to resolve the issue."
What is the
issue? Is not the payment of duty? So when a SCOPP official turned
to the Norwegian Embassy to resolve "the issue," or the
payment of duty, was he not trying to do something seriously anti-national
? Was he or she not trying to circumvent the country's laws by finding
a means to avoid paying duty? Who is this official in the SCOPP?
Should he not face disciplinary charge? More so when the spokesman
says "LTTE had no part in the matter" and the resolution
of what he now calls "the impasse" was solely by the Government.
Why did a SCOPP official go out of the way to seek the help of the
Norwegian Embassy to help the LTTE to clear cargo by avoiding duty?
Why is this being called an "impasse?"
The spokesman
says "if the Defence Ministry evaluation was adverse, the consignment
was to be sent back to the port of origin." This indeed is
a damning statement since no one else is allowed to import such
equipment without prior approval. In this case, it was not only
allowed. Some official in the Defence Ministry, someone high ranking,
granted the clearance. No expert views were sought on how it would
impact on the security interests of not only Sri Lanka but her neighbours
too.
Why did the
Norwegian Government, in terms of its agreement with the Sri Lanka
Government, agree to become the consignee? If this was a straight
forward deal, why could not the Peace Secretariat of the LTTE or
for that matter the Peace Secretariat of the Government of Sri Lanka
be the consignee? One of them could have imported the equipment?
Was this not a clear conspiracy to avoid paying duties? Is this
why no duty has been paid so far?
By doing this,
has not the Norwegian Embassy in Colombo violated both the Geneva
and Vienna Conventions on diplomatic protocol? See details on this
page.
Why should
the Norwegian Embassy go through the tedious process of resorting
to an agreement relating to the Norwegian contribution to SCOPP?
Why should they seek umbrage under provisions to use funds under
that agreement to re-imburse the Ministry of Finance of any loss
of revenue, if required? Is it not because the duty has still not
been paid. Is it not because the LTTE has gone scott free with the
equipment and now all means of regularising an irregular, anti-national
deal has already been carried out.
The Government's
explanation raises more questions than it answers. It is clear to
a discerning public.
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