EU wants to examine GSP+ related issues and its is not for investigation, says EU Parliamentarian

London, 29 October, (Asiantribune.com): Niranjan Deva Adithya Member of the European Union (MEP) says what the EU wants in essence is to examine the GSP+ related issues before granting an extension of the concessions beyond 2009 and it is not a police-style investigation or a probe. The word ‘investigation’ was used in accordance with the law connected with the GSP+ regulations and to change the word it might take another three long years.Niranjan Deva Adithya Member of the European Union (MEP): The word “Investigate” is an unfortunate expression. The purpose of the investigation is to write a report by the Commission to the Council and to the European Parliament, saying we have looked at all relevant matters regarding the prevailing conditions in Sri Lanka such as labour rights, human rights, working conditions and all that and now we have written the reports which says that Sri Lanka meets all the standards we expect.

Mr Deva Adithya, in an exclusive interview with Asian Tribune Editor K.T.Rajasingham pointed out that the original law connected with GSP + concession to Sri Lanka was formulated in the French language. He also said that Investigation is the English translation of the French word from the original French word and the translation had not reflected the real meaning.

Referring to the current controversy between the EU and Sri Lanka, he asked the question, “why EU should not search for the synonym more acceptable and some word like ‘Examination’ instead of the inimical word ‘Investigation’?” He listed out several meanings of the two words.

Investigation – Carry out systematic or formal inquiry into an (incident or allegation) so as to establish the truth. – carry out research into a subject; make search or systematic inquiry.

Examination – Inspect or study thoroughly to determine the nature or condition of; test the knowledge or proficiency; Law formally questions (a defendant or a witness) in court.

Sri Lanka has already sent in its application the European Union to renew the Generalized System of Preferences (GSP) plus scheme for another three years from January 2009. The GSP plus concession enables Sri Lanka to export its goods and products to the EU at reduced or exempted tax and duty levies. GSP+ duty concession was offered to Sri Lanka by the EU in 2005 on the ratification of the required conventions and this came into operation January 2006. This will expire by the end of December 2008. Sri Lanka has requested for an extension of this concession.

Sri Lanka is the only country in the South East Asian Region that the EU has offered this concession. The objective of the GSP + was based on integral concept of sustainable development and to promote further economic growth in beneficiary countries and enable them to respond to the need for sustainable development.

Under the GSP+ about 7,200 products were given duty free access to the EU. The garment sector was one of the main beneficiaries of this concession.

In the meantime European Union has informed Sri Lanka that it will be sending a team to investigate the human rights, rule of law and labour laws and rights provided to the workers in Sri Lanka. But Sri Lanka Government, by its letter dated 16 October written to the EU in Brussels has categorically said Sri Lanka will not submit to any investigation to obtain GSP Plus concessions.

In this backdrop, given below the interview by K.T.Rajasingham, Editor Asian Tribune had with Niranjan Deva Adithya , Member of the European Parliament:

Asian Tribune: What is the EU position with regard to the Generalized System of Preferences, or GSP?

Niranjan Deva Adithya MEP: We want to give it to Sri Lanka. It is impossible for the European Union to remove it, as there in Sri Lanka 200,000 people are employed in the these industries. We have given GSP+, but we have been threatened with legal actions against European Union by countries who feels that we have been more generous to Sri Lanka than they deserve. Earlier Brazil took the EU to the WTO Court and charged them with favouring the sugar producers of Africa, Caribbean and Pacific (ACP) and subsequently European Union has to stop giving special concessions to the sugar producing cartels of the ACP.

This was a thirty year old agreement and European Union gave higher prices to the Sugar producers in the West Indies, Mauritius and so on to help them with their economic circumstances. But later Brazil took the European Union to the WTO court and the court ruled the European Union is acting illegally against WTO rules, for having a preference in buying the sugar from these countries. Because of that WTO Court decision, now we have to buy sugar from Brazil. We have to pay world market prices and not inflated prices as we were paying and today those ACP countries have now gone bankrupt as we can’t buy sugar from them on inflated prices. We have in the end lost that issue.

The same way like the sugar protocol, we have other protocols with other countries.

The GSP + to Sri Lanka was given right after the tsunami to help Sri Lanka. Vietnam and Bangladesh went absolutely mad at the idea that Sri Lanka can export without duties while they have to pay duties and they will go to courts and charge that EU is violating WTA rules by giving GSP + to Sri Lanka, but unless that EU can say that there are special circumstances in Sri Lanka warrants such circumstances. To offer extension to GSP + to Sri Lanka for another term, we have to look into those special circumstances in Sri Lanka. We have to establish that we have looked into Sri Lanka’s situation and report that we find that Sri Lanka is much advance in the matters of Human Rights, Rule of Law and therefore we want to keep it as a favoured nation and therefore we want to give GSP + preference to Sri Lanka.

In order to do that we have to write a report about Sri Lanka and investigate Sri Lanka and for that we need the cooperation of the Sri Lankan authorities.

Asian Tribune: Sri Lanka is opposed to an investigation.

Niranjan Deva Adithya M.E.P: In that case, because there is no investigation, then we cannot write a report. In the absence of a well investigated report, we cannot avoid a challenge in the WTO court by other countries. So we are now stuck.

Asian Tribune: If you are going to investigate despite the objections from the government of Sri Lanka, then it tantamount to infringement of the sovereignty of an independent country?

Niranjan Deva Adithya M. E.P. : No it is not the correct position. In case if you are signing a treaty like Sri Lanka has signed a treaty with the UN, then you lose some of your freedom to fit in with the rules, regulations and conditions of the United Nation Organization.

Similarly, if you come forward to join a club you agree to abide by the rules of the club. In case Sri Lanka joins the UN or every time Sri Lanka signs a treaty, for example of the Law of the Sea, air pollution or political rights then it has to be remembered that a little bit of sovereignty is lost. The moment Britain signed the European Union Treaty, it lost lot of its sovereignty. So when you sign treaties with international organizations you are agreeing to lose sovereignty. So if you agree to lose sovereignty only you are able to join an organization.

When you come forward to join a club then you can’t complain. For example, you are in Sweden and If you have agreed to join a club - a club in Malmo or in Uppsala or in Stockholm , the rules of the clubs say that on every Thursday and you have to wear a black suite and on Friday you have to come wearing red socks. Then you have to abide by those if you wish to remain as members of the clubs. You have no choice and those you lose little bit of your freedom. You can’t help it, because it was you who chose to become the member of those clubs with those rules and regulations.

Asian Tribune. That is entirely different scenario. The clubs are asking me to do something which I agreed when I joined those clubs. But in the case of “Investigation”, that means that you are interfering with the country’s freedom.

Niranjan Deva Adithya M.E.P: No … no.. no

Asian Tribune: you can ask me to abide by according to a certain rules, but at any given circumstance you can’t say that you want to investigate what is wrong with my country. That is something that is not acceptable.

Niranjan Deva Adithya ME.P.: The word “Investigate” is an unfortunate expression. The purpose of the investigation is to write a report by the Commission to the Council and to the European Parliament, saying we have looked at all relevant matters regarding the prevailing conditions in Sri Lanka such as labour rights, human rights, working conditions and all that and now we have written the reports which says that Sri Lanka meets all the standards we expect.

Asian Tribune: You can do that, but why do you want to use the word Investigate?

Niranjan Deva Adithya ME.P.: You can’t do that without having the cooperation of the Sri Lankan authorities.

Asian Tribune: I am sure that you can have the cooperation of the Sri Lankan authorities. But you are using the most controversial word, ‘investigation’ or ‘inquiry’. These are the two words not acceptable by any free country?

Niranjan Deva Adithya ME.P.: I know. I have also told this to your President Mahinda Rajapaksa too. I said, “look, ignore the word, it is rather a harsh word for what is effectively for writing a report saying that Sri Lanka meets the criteria as a country that has meet the standard expected for GSP+ .”

Asian Tribune: Then in that case instead of using a harsh word, why can’t the Commission uses another word more conducive or agreeable to both parties?

Niranjan Deva Adithya ME.P.: I have tried that to do this. But unfortunately the way that European Union law was drafted to reporting back, states that the “Commission shall investigate the circumstances applying in the partner’s country and report to the Council and the Parliament.”

Asian Tribune: OK in that case why can’t we use a more agreeable word.. The Commission will, such as, “Examine” the prevailing situation in Sri Lanka?

Niranjan Deva Adithya ME.P.: Absolutely. I agree 100 percent that this is what we should do. Yes the word Investigation sounds very harsh. I already requested your President to ignore that word.

Asian Tribune: Not only you should say that to the Sri Lanka President, but you should say to authorities concern in the European Commission, Union and the Parliament also? There are two alternatives now available. The choice is yours. You have to clarify whether you want to ‘examine’ or ‘investigate’. In fact investigation means you are trying to bully and browbeat Sri Lanka? Examination means it is a very polite way of telling we are going to look around the country and come back to write a report as expected to review the extension of the preferences to the country.

Niranjan Deva Adithya ME.P.: Yes, you are right. But the question is this. If you look at the practical aspects of this so called investigation, what is this investigation? How many people are coming?

Asian Tribune: I don’t know. But I can reiterate my position that the word investigation sounds very harsh. You investigate a crime. What else you can investigate?

Niranjan Deva Adithya ME.P.: You see you ought to remember that there is a certain people in Sri Lanka, -but I won’t name them - they have written to the European Commission that Sri Lanka is not obeying labour laws. Sri Lanka is using children. Sri Lanka is doing this and Sri Lanka is doing that.

Asian Tribune: At this point I should categorically say that Sri Lanka Government is not using children for any purpose. It is the Liberation Tigers of Tamil Eelam that is using underage children.

Niranjan Deva Adithya ME.P.: I know that. I know that lot of people including some of the Trade unions and JVP people are filing complaints. Which all of us know that all those are rubbish. Absolutely nonsense, but those complaints have to be investigated.

Asian Tribune: No, I am not going to agree with you. You can’t investigate sovereign country whether it is Sri Lanka or some other country. Whether Sri Lanka joining having the GSP+ concessions or not is immaterial. You can’t accept something at the cost of losing the country’s honour, dignity and freedom. Please remember, because you are going to give concession that will benefit for about 200,000 people and the country can benefit around US$ 200 million. But because of these preferences you can’t take the right to investigate a sovereign and proud nation like Sri Lanka. It amounts to curbing the freedom of the country?

Niranjan Deva Adithya ME.P.: I like to ask you a question. Is Sri Lanka a member of the WTO or not?

Asian Tribune: Yes, Sri Lanka is a member.

Niranjan Deva Adithya ME.P.: The moment Sri Lanka joints the WTO it ceases to be a sovereign country to an extent.

Asian Tribune: What you say may be true, but on the face of it, it appears Sri Lanka is a sovereign country. At this point, I must insist that what you have to do it, when you say investigate, “Investigate what?” Do these amounts to investigate a crime committed and then the Commission assume the role of a super policeman?

Niranjan Deva Adithya ME.P.: I know and I have had a discussion with Sri Lanka President. I said to the President don’t take this word seriously but allow the examination to happen.

Asian Tribune: There you are. This is the word I have already referred here. You can examine the prevailing situation in the country. You can send a team to examine. They can talk to the officials or they may not talk to the officials. They can talk to the civilians. That is entirely a different thing - Examine. But by investigation, you put the Sri Lankan officials in a dock, question them and get an answerer or answers. This is the two different kind of approach.

Niranjan Deva Adithya ME.P.: For the Commission investigation some consultant will turn of from the ILO and another consultant might turn up from some other organization and these two people will go round like a news reporter.

Asian Tribune: Yes, well and good you examine the situation on the ground. You do the right thing under the guise of examination. Change that word. That’s all.

Niranjan Deva Adithya ME.P.: But we can’t change the legal parlance - Investigate. These are all legal jargons.

Asian Tribune: Yes may be these are legal parlance, but they can be easily amended? What do you say?

Niranjan Deva Adithya ME.P.: To amend the term Investigate in the European Parliament, it might take minimum another three years.

Asian Tribune: Anyway, by the time you go there write a letter to say that you are sending a team to examine a prevailing conditions in the country to write a report regarding the granting of the GSP + concessions.

Niranjan Deva Adithya ME.P.: If I can write a letter saying that a team is coming to examine the prevailing situation in the country, do you think the Sri Lanka President will say OK?

Asian Tribune: Yes, it is necessary to tell them that examination is different from that of the investigation. Even Professor G.L.Peris, other day told me in an interview, that Sri Lanka President wanted this GSP + concessions for the country.

Niranjan Deva Adithya ME.P.: Of Course everybody wanted this, but we can’t allow a word standing the in way. Correct?

Asian Tribune: I quite agree with you. We can’t allow a word standing in the middle of it? We are left with a choice – Whether you want to examine? Or you want to investigate? Investigate means you wanted to bully and browbeat Sri Lanka. Examination means, it is a very cordial way of telling. You see we are going to look around and see the ground situation and come back.

Niranjan Deva Adithya ME.P.: Have an examination and not an investigation. When if we change the word to examination then will the President of Sri Lanka consent?

Asian Tribune: I think when we go to a bank to obtain loan, they put up lot of conditions. We agree to those conditions of the bank mainly those conditions regarding the repayment of the loan. Similarly, if the Commission has to examine the prevailing conditions for the purpose of writing a report to the European Union and EU Parliament and not for publicizing their findings for adverse publicity against Sri Lanka, then I think Government authorities in Sri Lanka has to agree to it. We think if the Government is interested in obtaining a concession for the country without strings attached, then they have to allow such examination.

Niranjan Deva Adithya ME.P.: In the meantime you know that the part of the original law regarding GSP+ was written in French. Subsequently the word has been translated as investigation oppose to examination from the French word.

Asian Tribune: Then we have to go into the French origin. When we read the French original and examine the particular word that has been translated as Investigation might have some other synonyms more acceptable. I think now as we have discussed this issue thoroughly we both has come with an acceptable solution to this deadlocked issue?

Niranjan Deva Adithya ME.P.: Exactly.

Asian Tribune: Thank you.

- Asian Tribune -