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Supreme Court Petition Challenges Sri Lanka’s Domestic Debt Optimization Program

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By: Salman Akhtar
Supreme Court Petition Challenges Sri Lanka’s Domestic Debt Optimization Program

Understanding the Domestic Debt Optimization (DDO) Program

The Sri Lankan government’s Domestic Debt Optimization (DDO) program has been met with controversy and legal challenges. A petition has been filed in the Supreme Court challenging the program’s constitutionality and its impact on the country’s Employees’ Provident Fund (EPF). The petitioners, prominent figures from the opposition party, have targeted multiple entities including the Central Bank of Sri Lanka (CBSL), its Monetary Board, and its Governor, along with the Finance Ministry’s Secretary, the Attorney General, and others.

Lowered Interest Rates Stir Controversy

The crux of the petition lies in the decision to lower the interest rates paid when investing the EPF in government securities as part of the DDO program. The petitioners argue that this move infringes upon the fundamental rights of the people. The EPF accounts for at least 2.5 million working individuals, with the majority of their funds invested in treasury bills and bonds. The reduction of the interest rate to 9% is seen as a violation of the rights of these individuals.

Monetary Board Accused of Non-Consultation

Adding fuel to the fire, the petitioners claim that the CBSL’s Monetary Board did not consult with the EPF members before incorporating the Fund into the DDO program. This lack of consultation is seen as a further disregard for the rights of the working population.

The Potential Impact on Future Policies

The main takeaway from this situation is the perceived infringement on the fundamental rights of the working population due to changes in the government’s financial policies. The outcome of this petition could potentially influence the implementation of these policies and the treatment of employee funds in the future.

National Debt Crisis Looms

Simultaneously, Sri Lanka is grappling with a national debt crisis. The government has entered into an agreement with the International Monetary Fund and secured a nearly 3 billion dollar package, agreeing to restructure both its foreign and domestic debt. This move comes on the heels of a year of economic meltdown, the worst the country has seen since Independence. The restructuring plan is set to be debated and approved by Parliament in a special session.

Awaiting China’s Role in Debt Restructuring

While the restructuring plan is yet to be approved, Sri Lanka is in ongoing negotiations with bilateral creditors. Seventeen countries have joined an official creditor committee to discuss Sri Lanka’s request for debt treatment. China attended the meeting as an observer and has yet to formally join the committee. The stance of China, holding a significant chunk of Sri Lanka’s foreign debt, will be crucial in the foreign debt restructure process.

Concerns Over Impact on People’s Savings and Retirement Benefits

Amidst these financial upheavals, there is widespread concern about the potential impact of restructuring domestic debt on people’s savings and retirement benefits. Critics contend that domestic lenders taking a cut could adversely affect the elderly by impacting benefits such as the EPF, the Trust Fund, and pensions.

Conclusion

Sri Lanka’s financial situation is fraught with complexity. As the government grapples with a national debt crisis and attempts to implement new financial policies, the rights and livelihoods of the working population hang in the balance. The outcome of the Supreme Court petition challenging the DDO program will undoubtedly have far-reaching implications for the country’s financial policies and the well-being of its citizens.

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