IMF, WORLD BANK & ADB AGENDA ON PRIVATISATION VOLUME II
‘DUBIOUS DEALS’ in Sri Lanka What a Paradox !
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I had never personally met Chandrika Bandaranaike Kumaratunga, but she had requested A.S. Jayawardena, Secretary, Ministry of Finance & Secretary to the Treasury to invite me and retain my services, as an Advisor to the Ministry of Finance.
Policy Pronouncements by President Chandrika Bandaranike Kumaratunga:
"My Government believes that political power is a trust placed in us by the people. The nation expects nothing less than this from our Government. We shall keep faith with our people."
We have espoused and upheld, the value of transparency and accountability in the public life. These are values which my Government and I hold sacrosanct and inviolable. One of these values, which I look upon as the sheet-anchor of public life, is unflinching probity …. and to rid our country of corruption and fraud.
In the name of privatisation, the past regime had engaged in virtual daylight robbery of valuable national assets. The award of contracts had violated all accepted norms and procedures. Many of these ventures were grossly undervalued by reducing their sale price by as mush as 2/3rd or 3/4th of the actual value. Nowhere in the entire world would you come across such brazen pillage and plunder of a people’s wealth. They have only succeeded in enriching some powerful persons close to the leadership of the last regime. Future sales will be done by open bidding, after maximum publicity, in a totally transparent manner.
In February 1995, I intimated to A.S. Jayawardena, that I wished to be relieved, as Advisor to the Ministry of Finance. Very clearly and professionally, I categorically intimated to President Chandrika Bandaranaike Kumaratunga, that in the context of some of the political appointments she was making, who in my opinion were ‘square pegs in round holes’, it was impossible for me to continue, as Advisor to the Ministry of Finance.
Indo-Lanka Free Trade Agreement
One begins to wonder, as to what love the Indian High Commissioner in Sri Lanka, Shiv Shankar Menon has so much for Sri Lanka, to have promoted a bi-lateral Agreement, that he claims is advantageous to Sri Lanka, and therefore admittedly, disadvantageous to his own country, India, that he represents !
Why and how was it that Indian High Commissioner Shiv Shankar Menon and Presidential Economic Advisor, Lal Jayawardena suppressed from the Ceylon Chamber of Commerce and from the people of Sri Lanka that the Indo-Lanka Free Trade Agreement had been signed between the Indian Prime Minister Atal Behari Vajpayee and Chandrika Bandaranaike Kumaratunga after a ‘one to one meeting’ between the two, curiously without the presence of the Official Delegations of India and Sri Lanka ?
Thawakkal Deal
Foreign Minister Lakshman Kadirgamar, inter alia, opined:
“What has occurred in the Puttalam Cement affair is a gross and calculated fraud on the Government and people of this country. "
It is beyond comprehension, as to how PERC Chairman R. N. Asirwatham, Chartered Accountant and Senior Partner, KPMG Ford, Rhodes, Thornton & Co., could ever have recommended to the Cabinet of Ministers such Proposal of Vanik as reasonable, practical and commercially acceptable. How could J.M.S. Britto, Chartered Accountant and Visiting Consultant from London to the Ministry of Finance ever have justified such transaction, on very basic elementary principles of either law or accounting - both were close confidantes of President Chandrika Bandaranaike Kumaratunga.
Subsequently, Foreign Minister Lakshman Kadirgamar, President’s Counsel, inter alia, stated:
“This proposal by Vanik to PERC is, in my opinion, outrageous. Vanik is proposing to PERC that the books of the Corporation and the books of the Company PCL be falsified, and the respective Auditors be directed to do so. ”
Duty Free Deal
PERC however, hastily announced to the media that the Government of Sri Lanka had entered into an agreement to sell 60% Shareholding of Orient Lanka Ltd. to Alpha Airports Group PLC, UK for the minimum reserve price of SL Rs. 1000 Mn., thereby pre-empting any further discussion with the Weitnauer of Switzerland.
With Weitnauer's franchise proposal, the Government of Sri Lanka would have continued to have 100 % ownership of Orient Lanka Ltd., and been able to re-bid such franchise concession, again and again after 10-years, with the present franchise value being in excess of SL Rs. 5,000 Mn.
However, just prior to the sudden early dissolution on 7th February 2004 by President Chandrika Bandaranaike Kumaratunga of the Parliament, when the term of the Parliament was to run up to December 2007, curiously a Supplementary Agreement had been entered into on 6th February 2004, by and between Orient Lanka Ltd., controlled by Alpha Airport Group PLC, UK and the Airport and Aviation Services (Sri Lanka) Ltd., to extend such Concession Period further up to 31st May 2011.
The most startling disclosure was that it was not Alpha Airports Group PLC, UK, the international duty free operator, who has been the real and actual contracting party and to whom the beneficial ownership of the majority Shareholding of Orient Lanka Ltd., had been sold. The actual and real buyer as disclosed in the Sale and Purchase Agreement is another company named Alpha Airports Holdings B.V., registered in the Netherlands, which was not pre-qualified.
Telecom Deal
The Government has guaranteed, that Sri Lanka Telecom's tariffs for telecommunication services would be annually increased in the first 5 years by a minimum of 25%, 25% , 20%, 15% and 15% .
Such stipulation is startlingly shocking, tantamounting to usurping and pre-empting of the effective functioning of the Telecommunications Regulator.
Had such very material concessions, that directly have a considerable impact on the profitability of Sri Lanka Telecom, have been acquiesced to and agreed upon by private treaty with one selected party, been well publicised and made known previously, would not then, a much wider spectrum of other potential parties have also been attracted to bid ?
Would this not mean that after earning a return of 18% p.a. over the projected 5 year period, the return of capital of such 35% Shareholding of Sri Lanka Telecom, would be SL Rs. 26,665 Mn., which in effect would mean that the purchase consideration of SL Rs. 13,200 Mn., was only 50% of such valuation.
Air Lanka Deal
It is amply clear, that notwithstanding being a minority Shareholder of Air Lanka Ltd., that Emirates Airlines had been empowered and authorised, inter-alia, to make decisions to enter into Agreements including to purchase Airbus Aircraft and incur indebtedness, without any reference to and/or any approval of the Board of Directors of Air Lanka Ltd., and/or the Shareholders of Air Lanka Ltd., which was the Government of Sri Lanka.
How could the national airline of the country be handed over on a platter, that too, to a major competitor in the very region, on the basic premise that the Government of Sri Lanka is unable to strategise and fund the country's own airline and its development and growth, that is vitally necessary to support national economic development and growth?
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About the Book
This Book dramatically spotlights with real case studies, the truism and reality, that politicians aspire for high political office, campaigning vociferously, avowing commitment to combat fraud and corruption, exploiting the economic anguish of poverty stricken people, however upon assuming political power, pathetically such avowed commitment becomes hypocritical hollow rhetoric, with them appallingly getting bogged down in the quagmire of corruption, vehemently castigated and denounced! Reality is that politicians are funded and and assisted by lackeys at elections, resulting in politicians getting obligated to lackeys, blatantly seeking returns on funding and support, at the expense of the abject poor. Case studies dealt with appallingly reveal that the idealistic agenda of IMF, World Bank and ADB pushing privatization only germinates the breeding of corruption, with such institutions becoming mere spectators, compromised to be viewed, as having aided and abetted in corruption, publicly denounced by them, ironically providing alleviation schemes for the upliftment of the abject poor. Fraud and corruption at the highest echelons in Government, involving international parties, are shockingly revealed, with intriguing diplomatic interventions. It is an unbelievable revelation from the stage of lofty idealism to the sublime apathy of deception, complicit with duplicity and hypocrisy, in enforcing the law unequally against opponents for political expediency, whilst those wielding power, themselves, have brazenly acted otherwise, perpetrating offences of much greater gravity, including also shielding lackeys and cronies. Amazingly, the highest judiciary, castigating corruption, upholds the dire need for governance and enforcement of the rule of law, including against the highest in the country. Brilliant in-depth research into real human behavior and wheeler-dealing in the upper echelons of Governments-an ideally invaluable Book for academics and professionals interested in political science, human behaviour, governance, public finance, commerce, rule of law, forensic accounting and privastisation, and for public interest activists.
About the Author
Nihal Sri Ameresekere, F.C.A. (Sri Lanka), F.C.M.A. (United Kingdom), C.M.A. (Australia), C.F.E. (United States), i s a Member, International Consortium on Governmental Financial Management and a Member, International Association of Anti-Corruption Authorities, Former Advisor, Ministry of Finance and Chariman, Public Enterpriwe Reforms Commission Sri Lanka. He functioned as Senior Consultant on World Bank and USAID funded public sector economic reform projects.
A multi-disciplinary professional, exposed to private and public sectors, and a public interest activist, with wide international exposure. Not a legal professional, yet has appeared in person before the Supreme Court, successfully advocating public interest litigations. He is a forensic accounting investigative specialist. Has dispassionately spoken on matters of nations and public interest. Ardently upholds the sacred precept, that public property is solely of the people, and managed in fiduciary trust by governments; transgression of which he has committedly combated.
Has published exposes into transactions carried out, under the aegis of IMF, World Bank and ADB privatization agenda, incisively analyzing real case studies, exposing the shockingly dubious manner, in which privatizations have been perpetrated by the highest levels, disclosing the alarming indifference of international developmental agencies, completely eroding public confidence, crucial for meaningful privatization, to foster a free economy, characteristic with transparency.
He emphasized that 'economic terrorism' germinates 'armed terrorism', resulting in violation of human rights. 'Concerns of humanity, transcends interests of nationality', he propounds; and that poverty alleviation schemes merely replace, at the cost of the poor, their own resources pillaged and plundered by socio-politically influential. Politicians vigorously campaign on election platforms, vociferously decrying fraud and corruption, vowing stringent action thereon. However, upon assuming office of government, get bogged down in the very quagmire of fraud and corruption, invariably peddled by powerful multinationals- as lucidly demonstrated through a series of other publications on his real life experiences thereon .