Harim Peiris

Political and Reconciliation perspectives from Sri Lanka

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Archive for the ‘Uncategorized’ Category

A not entirely united government opts to be hard line

Posted by harimpeiris on February 22, 2021

By Harim Peiris

(Published in the Island on 17th February 2021)

It is quite a feat for a powerful government to insult its own Prime Minster and party leader, but that is precisely what the SLPP succeeded in doing last week, when a carefully orchestrated measure to ease up the pressure on the Government through bringing Sri Lanka in line with the rest of the world on Covid-19 burials, went awry. The Prime Minister’s assurance to Parliament, to allow the burial of the Covid-19 dead, was welcomed in a tweet by the soon to visit, Prime Minister Imran Khan of Pakistan. However, this was not implemented and instead was contradicted by junior state ministers of the Government. Since the forced cremation of the Covid-19 dead, against the wishes and religious beliefs of the bereaved families, is a uniquely Sri Lankan practice, in non-conformity with World Health Organization (WHO) guidelines, the issue is being closely watched and monitored not just locally but also globally. Accordingly, the Prime Minister’s assurance was widely welcomed. But clearly, he could not carry the day. It certainly seems the Prime Minister is not totally in charge of the government; shades of the previous Ranil Wickremesinghe premiership.

However, in the context of Sri Lanka’s system of government, this is only to be expected because especially post the 20th Amendment to our Constitution, the governing authority has been totally centralized in the hands of the executive President. Accordingly, one might reasonably expect that the president’s slightest wish is government writ. Therefore, it was quite surprising to note, a few weeks ago, when the nearly half a billion-dollar, foreign investment by India’s Adani Group in the Eastern Container Terminal (ECT) of the Colombo Port was to go ahead, this in a country that is starved of foreign exchange, that the President was seemingly very much on board. The President, quite correctly observed, at various fora, that international obligations cannot be unilaterally abrogated and more importantly that his government had negotiated terms where the Sri Lankan Government through the Sri Lanka Ports Authority would retain a majority stake and accordingly what was occurring was an investment into a minority stake in the ECT. This in the context of other such foreign investments with majority stakes, namely the Chinese Government’s CICT and the SAGT. However, quite surprisingly the President’s wishes to bring in the Indian private sector foreign investment did not quite carry the day inside the Government.

To cap quite a tumultuous first quarter for the Government, Minister Wimal Weerawansa, a leader of a minor political appendage of the ruling alliance, namely the National Freedom Front (NFF), stirred up a hornet’s nest in political circles, when he called for President Gotabaya Rajapaksa to be given the leadership of the ruling party, rather than its current incumbent, Prime Minister Mahinda Rajapaksa. The public call by Minister Weerawansa was met with the immediate demand by the ruling SLPP’s General Secretary, that the Minister both withdraw his statement and apologize for the same. Neither has happened and to the contrary the Minister has reiterated his stand. The call for a leadership change and that too between the president and the prime minister, was quite surprising because there was no reason for Minister Weerawansa to either be so public about a possible leadership role change in the Government or to be out of place by commenting on the affairs of a party he does not belong to. Leading as he does, his breakaway wing of the JVP, styled the National Freedom Front (NFF), a party which has the distinction of never yet having ever contested an election on its own but always in alliance with the Rajapaksa political party, first the UPFA and now its successor the SLPP.

A Government opting to be hardline

Next week the United Nations Human Rights Council (UNHRC), based in Geneva, will hold its 46th session, mostly in a virtual or online format and a country specific resolution on Sri Lanka, taking the government to task on our deteriorating human rights situation, will most likely pass. The Government is losing friends like India and alienating allies, like the 57 member nation, Organization of Islamic Cooperation (OIC). As political analysts have pointed out, the report by Human Rights High Commissioner and former two-term President of Chile, Michelle Bachelet focuses more on the new hardline policy being adopted since the election of November 2019. Policies, pronouncements and practices, which seemingly indicate a complete unwillingness to accommodate plurality, recognize diversity and defend democratic gains. The High Commissioner reports worrying signs of a government becoming increasingly authoritarian and militarized. The UNHRC report on Sri Lanka, namely A/HRC/46/20 in section 19, page 7 states “(i) militarization of civilian government functions, (ii) reversal of constitutional safeguards, (iii) political obstruction of accountability for crimes and human rights violations, (iv) majoritarian and exclusionary rhetoric (v) surveillance and obstruction of civil society and shrinking democratic space and (vi) new and exacerbated human rights concerns”. As if in a great hurry to confirm the above contentions by its actions, the Government having earlier rejected the report in toto, the Minister of Public Security withdrew the Special Task Force (STF) guard provided to TNA spokesman and leader in waiting, MA Sumanthiran for his participation and support to a massive anti-government march styled (P2P), from Pottuvil in the Eastern Province to Polligandy in the Northern Province, a not too subtle reference to the “responsibility to protect (R2P), the global political commitment adopted by the UN General Assembly in 2005 to prevent or hold accountable for war crimes, prevent genocide, ethnic cleaning and crimes against humanity. The rationale given by the Minister was that MP Sumanthiran, a President’s Counsel, had violated court orders, which he denies doing. When the matter was raised by the Leader of the Opposition in Parliament, many speakers pointed out that alleged violations of court orders should be met with prosecutions in court and not the withdrawal of security. Now we await the Hon. Speaker’s ruling whether it is the threat assessment against the MP, which the Minister himself readily conceded or political servility to the wishes of the government, which determines state security for minority and opposition MPs. The world meantime from Geneva is watching.

As the government domestically disregards plurality, tolerance of democratic dissent and accommodation of diversity and isolates itself internationally, with severe repercussions for our export driven, tourism, foreign investment and worker remittance dependent, globally integrated economy, the possibility of seeing a course correction by the SLPP’s Rajapakse Administration, is rather remote. This does however position Opposition Leader, Sajith Premadasa and his SJB, as the sole alternative to the government’s ideology, of being the sole representatives of the Sinhala people.

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Unwise double standards on East Container Terminal

Posted by harimpeiris on February 5, 2021

By Harim Peiris

(Published in the Island on 05th February 2021)

Earlier this week, the Government officially announced that it would not proceed with the proposal to develop the East Container Terminal (ECT) of the Colombo Port, as a joint venture between the Sri Lanka Ports Authority (SLPA) and the Adani Group of India. The announcement by the government, through the Prime Minister no less, raises important questions marks and doubts over the vistas of prosperity and the claims of technocratic policy making and efficient governance, we were all promised by the Government at preceding elections.

Private investment into the Colombo Port

Firstly, a quick look at the Colombo Port would demonstrate that we already have the private sector operating terminals in the Colombo Port, namely the South Asian Gateways Terminals (SAGT), a John Keells Holdings investment and more recently, under the previous Rajapaksa Administration the Colombo International Container Terminal (CICT), a venture with the China Merchants Port Holdings. In both SAGT and CICT, the stake of the Sri Lanka Ports Authority (SAGT) is only fifteen percent (15%). In contrast the proposed joint venture for the ECT with the India’s Adani Group, was to have a majority (51%) Sri Lankan stake, through the Sri Lanka Ports Authority (SLPA) and the Adani group and other project managers, the balance minority stake only.

Further in the case of the CICT, the China Merchants Port Holdings, is a Chinese Government entity and so the investor is not a foreign private investor, but a foreign sovereign entity. The same Chinese Government entity, the China Merchants Port Holdings (China Merchants) also owns 85% of the Hambantota Port. So, the principal of private sector and foreign investor participation in Sri Lankan ports, is a clearly established Sri Lankan State policy, going back over twenty years, the SAGT having commenced operations in 1999.

Policy clarity and efficient governance

Foreign direct investment (FDI) is the name of the game for Sri Lanka, to both see significant foreign exchange inflows into Sri Lanka and also to significantly improve our infrastructure which will directly contribute to increased growth in our GDP. Both of these are areas where Sri Lanka lags behind our peer group in South and East Asia. Sri Lanka’s GDP growth of the past eight years or so, have been lower than our war era GDP growth and shipping, especially transshipments is a significant potential growth area, for which port capacity and operating efficiency are crucial.

Regarding foreign direct investment (FDI) as well, Sri Lanka lags behind her peer group, especially through equity investments. Further FDI into infrastructure, is harder to attract, than say service industry investments, because infrastructure investments are not only significantly larger, in hundreds of millions of dollars, but also because the projects are long term in nature. Accordingly, the investment by the Adani group would have been a huge foreign direct investment by a private (not government) Indian company and a precursor and confidence booster for other Indian investments. Sri Lanka, geographically positioned as we are, should endeavour to benefit ourselves from the economic growth and success story next door.

A crucial and essential feature of both public policy and governance is that there be both clarity and certainty. In that respect, honouring commitments and especially written agreements become crucial in the conduct of both international relations and commercial activity. The adherence to contracts and agreements is an essential feature of international, local and every common law tradition in the world.

It is in that context, that the previous Sirisena / Wickremesinghe Administration though extremely critical of the Port City and other grandiose projects of dubious utility value, honoured those contracts and proceeded with the projects because of binding nature of the agreements. It was therefore entirely predictable, the immediate Indian Government response to the Government’s announcement, through its High Commission in Colombo, when it announced that the Indian Government expects adherence and implementation of the tripartite Memorandum of Cooperation (MOC) signed between Sri Lanka, India and Japan, our largest bilateral donor by far, for the development of the ECT.

Reneging on contracts, tearing up the rule book and thumbing our nose at our closest (and giant) neighbour India, together with offending our largest bi lateral donor by far, Japan is very unwise and hardly likely to lead us to vistas of prosperity. Not only has Japan been a firm and reliable friend of Sri Lanka for over half a century, they have been Sri Lanka’s largest bilateral donor. The Japanese also have considerable sway over the Asian Development Bank, which has been one of the largest, long term concessionary lenders for infrastructure to Sri Lanka. Their proposed loan for the ECT was at a half percent compared with the hefty premium to Libor that all the Chinese loans came at. Compare half percent to say, four or five percent for a half a billion dollars. The math does not add up. This is also after the government unilaterally cancelled the Japanese light rail project, which was meant to address the rather obvious need for mass rapid transit in the Colombo district, beyond our colonial era railways.

The Government position seems very strange. We have declined foreign direct investment and torn up an agreement with our largest neighbour India and our largest donor Japan. We find the East Terminal in the Colombo Port strategic but not the Western terminal, or the SAGT or the CICT or even the Hambantota port, just the East Terminal. We can forgive those who suspect a hidden hand and it is not too hard to see from where. Monopolistic or oligopolistic behaviour is rational for the monopolist or the oligarch. The problem is when the Government is subject to their pressure.

In contrast to the Government, the main opposition Samagi Jana Balawegaya (SJB) of Opposition Leader Sajith Premadasa, has very wisely taken a well-balanced position on the ECT, saying a public private partnership is the best way forward.

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From Jaffna library to university – politics of identity

Posted by harimpeiris on January 21, 2021

By Harim Peiris

(Published in the Island on 20th January 2021)

A centre of Tamil learning in Jaffna was attacked and destroyed. No, not last week, but 40 years ago, in 1981, the iconic Jaffna Library, a seat of Tamil language, literature and learning was burnt to cinders by a mob of what then cabinet ministers Cyril Mathew et al were watching, perhaps not entirely as innocent bystanders, from the veranda of the old Jaffna Rest House termed as “an unfortunate rampage by a few drunk and off duty police officers”. Coming a full circle, four decades later, once again a seat of Tamil learning, this time namely the University of Jaffna, witnessed the destruction of its memorial to the dead. The police officers were again there, now on duty and very sober, as under cover of darkness, they guarded the backhoes which did the demolition. The contexts were different, the events eerily similar, while the rhetoric is strikingly the same.

Back then there wasn’t even the pretence of trying to justify the actions and two years later in 1983, we had a pogrom and were in the midst of a civil war. Now, a decade after the civil war in Sri Lanka is over, we must learn from the lessons of the past. It is former British Prime Minister Sir Winston Churchill, who paraphrased Spanish philosopher Santayana to state in the House of Commons that “those who did not learn from the lessons of history were destined to relive it”.

Post the civil war, the urge to curb Tamil nationalism from taking on any form of militancy or armed expression is an entirely legitimate and desirable objective. No one in his or her right mind would wish or desire Sri Lanka’s ethnic polarisations to once again lead to a civil war. However, towards this end, what is required is an intentional and purposeful, domestic process of post war reconciliation, which includes reparations and guarantees of non-reoccurrence. Unfortunately, more than a decade after the end of the civil war, dealing with either the effects or the causes of the war has not occurred in a meaningful manner. After the war, in the former conflict areas, the roads have been repaired and the public buildings reconstructed, but the shattered lives of especially the most vulnerable sections of Northern society, the widows, the orphans and the rural poor, remain largely as they were a decade ago.

Playing demolition derby in the University of Jaffna is not the means of advancing reconciliation. In fact, the University of Jaffna provides a useful safety valve and escape outlet for the frustrations of Tamil youth and curbing non-violent expressions of ethnic nationalism only drives it to less non-violent spaces. Neither does destroying the memorial to the dead, do anything to moderate Tamil opinion. Engagement and dialogue would have been better. It is a point that was reiterated most recently by visiting Indian Foreign Minister Dr. Jaishankar and likely to be reiterated by a majority of the International community at the upcoming sessions of the UNHRC in Geneva.

Memorialising and remembering the dead

Sri Lanka’s ethnic polarisations and social tensions extend beyond life and into the realm of death. It is a key aspect of our humanity that we mourn our dead. The religious faith or belief systems by which we make sense of life and death and especially find the strength to move on after the death of loved ones, especially under tragic and violent circumstances are crucial aspects of our personal and community life. Accordingly, the need and right to mourn the dead, is fundamental to us as humans and crucial to providing healing and closure, especially in the aftermath of a brutal and long drawn civil war, which resulted in the destruction of considerable life and property of both combatants and non-combatants on all sides.

Sri Lanka’s current controversy over the remembrance of the dead is not just confined to the Tamil populace seeking to mourn the loss of loved ones during or at the tail end of the war. On our new battle front of the Covid-19 pandemic, Sri Lanka has become the only country in the world, to prohibit the burial of the dead with the religious rites and rituals of the deceased and in accordance with the wishes of the next of kin. The decision of the government, through its Ministry of Health, which bears the responsibility, is on the flimsiest of pretences based on the views of its own handpicked “experts” who are contradicted officially by public communique not only by the independent and distinguished College of Community Physicians of Sri Lanka but also by the WHO and the practice of the global community of nations. Even with the far more contagious Ebola virus, the dead are buried with no adverse effects and the view of the government’s “experts”, truly make us a land like no other.

It is my friend and colleague, University of Amsterdam academic Dr. Ram Manikkalingam who coined the phrase, “Sinhala Eelam” to denote a Sri Lanka, which was the Sinhala equivalent of what Prabhakaran and the LTTE sought to create, a mono ethnic nation governed on ethnic lines.

Sri Lanka’s strength and moral superiority over the separatism which was defeated at Nandikadal, derives from the fact that we are multi-ethnic and multi religious and we should cherish that strength and, in its defence, desist from governing exclusively by the prism of ethnic Sinhala nationalism. Bulldozing monuments does nothing towards that end.

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Indian Foreign Minister Dr. Jaishankar’s visit to Sri Lanka

Posted by harimpeiris on January 14, 2021

By Harim Peiris

(Published in the Island on 09th January 2021)

Indian Foreign Minister, Dr. S. Jaishankar, just wrapped up a three-day visit to Sri Lanka – the first by a visiting dignitary in the new year, underscoring the priority that both nations place on the value and importance of our bilateral relations. Prior to the Indian Foreign Minister’s visit, laying the groundwork as it were, was the visit, in end November, last year, of one of the highest officials in India’s foreign policy establishment, National Security Advisor Ajith Doval. The preceding few months had also witnessed several other high-level international visitors to Sri Lanka, with the visit in early November of US Foreign Minister, Mike Pompeo, and the month before, in October, of the Chinese former Foreign Minister and current Politburo member Yang Jiechi. The series of high-level visits to Sri Lanka, by powerful nations, such as the US, China and India, would indicate, even to a layman, the existence of real and competing interests of these nations in Sri Lanka. Balancing these different and often competing interests, in a neutral and non-aligned manner, which advances Sri Lanka’s own national interests, is really the strategic challenge of post-war Sri Lankan foreign policy. However, geography, history and, most importantly, modern-day economic reality, would mean that India, our closest and giant neighbour is the ‘primus inter pares’ or first among equals of international relationships, which Sri Lanka needs to nurture and protect. It was one of Sri Lanka’s most successful Foreign Ministers, the late Lakshman Kadirgamar, who used to repeatedly say that Sri Lanka’s relations with India formed the strategic base of our external affairs policies.

Entrusted with nurturing and further developing this relationship on the Indian side is Foreign Minister, Dr. Subramanyam Jaishanker, currently a Rajya Saba, or upper house, member of the ruling BJP, from Gujarat. Dr. Jaishankar is a very senior foreign affairs professional, a career diplomat, who is an expert in nuclear issues, and a former Indian Ambassador to both China and the USA. Interestingly, he also served as First Secretary in the Indian High Commission, in Colombo, in the late 1980s, just after the Indo-Lanka Accord was signed. Having served in the Indian Foreign Service for decades, he finally retired as Foreign Secretary, in 2018, and made history as the first Indian Foreign Secretary to become Foreign Minister.

As the world, and Sri Lanka, copes with the Covid-19 pandemic, and sufficient access to low-cost vaccines has become the new and most pressing Covid-19 management issue, it was indeed welcome that Dr. Jaishankar, in articulating PM Modi’s neighbour first foreign policy, pledged preferential and early provision of the Indian vaccine to Sri Lanka, no sooner India, which has a serious Covid-19 situation, in its densely populated urban centers, begins to export the vaccine to other countries.

The visit by the Foreign Minister, brought to the fore the key priority issues which currently undergirds India’s interests and engagements in Sri Lanka. Firstly, good economics is good politics and the robust Indian economy has been creating one of the world’s fastest growing middle classes. Sri Lanka, much more than India, stands to benefit from closer economic ties between the two neighbours, ideally establishing ourselves as a services, logistics and knowledge hub for the giant economy next door, as well as a low-cost entry point to the subcontinent’s economy.

It is clearly an irritant to India, that with fast track and increasing Government approval for China to pile on debt laden costly infrastructure projects in Sri Lanka of questionable utility value, such as the Port City and the Lotus Tower, that Indian investments on more mutually beneficial commercial terms, such as the Colombo Port’s East Terminal development, are stalled by government allied trade unions and political forces. India has quietly but carefully been a major grant donor to Sri Lanka, especially in the task of postwar reconstruction. The Sri Lankan Government railways beyond Omanthai, as well as rolling stock, the Palaly Airport development and indeed the 50,000 houses programme in the Central, Northern and Eastern Provinces, together with ADB funded road reconstruction, have actually formed the core of postwar rebuilding in the former war affected provinces of Sri Lanka.

It is in this context, that the most political articulation of policy made by Dr. Jaishankar was with regard to Sri Lanka’s postwar reconciliation, the devolution of power and the values of a pluralist society. It is, indeed, noteworthy that India, despite being a melting pot of ethnicities, languages, social groups and subcultures, have developed an overarching Indian national identity with a strong Indian civic identity. An example Sri Lanka can well learn from.

In a joint press conference, with his counterpart, Minister Dinesh Gunawardena, Dr. Jaishankar, did not leave any room for doubt, with his forthright statements. He articulated clearly if rather obviously that it was in Sri Lanka’s own interests to pursue reconciliation and that power sharing, through the Provincial Councils, introduced through the 13th Amendment, consequent to the Indo-Lanka Accord, provided the time, tested, best basis for further development of a governance structure which accommodates the diversity of Sri Lankan society. On the Sri Lankan side, the Indian Foreign Minister, met and invited to Delhi, Opposition Leader Sajith Premadasa and had a bilateral meeting with a delegation from the TNA. Foreign Minister Gunawardena, who found himself agreeing with the sentiments expressed by his Indian counterpart, now faces the challenge of ensuring that the Administration, of which he is a part of, matches its deeds with its words.

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MCC finally pulls plug on 480-mn-dollar grant

Posted by harimpeiris on January 7, 2021

By Harim Peiris

(Published in the Island on 21st December 2020)

Generally the post budget period of mid to late December is always a slack time in terms of politics and policy making as December marks that rare convergence of Parliament, Court and school vacations. However, in a continuation of the extraordinary year, which 2020 has been, that norm too has changed as significant political events occurred during this time. Firstly, a few days ago, the US Embassy announced that the Millennium Challenge Corporation (MCC) Board had decided to cancel its near half-a-billion-dollar grant to Sri Lanka, for what it termed “lack of partner country engagement”. Just prior to that the former President, current ruling party leader and Speaker of the Maldives Parliament, jumped into Sri Lanka’s ongoing debate on refusing to bury Covid-19 positive people of the Muslim faith, by offering them burial in the Maldives, in accordance with Muslim rites. Closely related to that, Attorney at Law Hejaaz Hizbullah, Sri Lanka’s best-known PTA detainee and prisoner of conscience, needed to have lawyers on his behalf, go to the Court of Appeal, to get access to their client in government detention. It should strike even a layman that something is very amiss with our draconian PTA law and its application, when Appellate Court jurisdiction has to be invoked by those detained without charges for months, to get access to legal counsel. On a singularly more positive note, signaling a significant foreign direct investment into our infrastructure, media reports indicated that the Government had approved Indian investment into Colombo’s East Container Terminal. These developments signaled some significant political events of the past week or two.

The MCC pulls the plug, while India commits to invest

Losing the MCC grant, was a loss for Sri Lanka, both from the standpoint of an investment of a half a billion-dollars, injected into our economy over the next three years but also from the standpoint of investor confidence especially for American and western investors. The Rajapaksa administrations, both the current and especially the previous one, demonstrated an attraction for expensive Chinese debt, while inexplicably grant funds, or money you don’t need to pay back was looked at with a jaundiced eye. The objection to the MCC grant was ostensibly over the legal reforms over land laws, but that reform process is not only long overdue, to move away from an archaic colonial era legal framework, but would have been strictly a domestic Sri Lankan administrative reform process, that we controlled. The paranoia was unjustified but has now resulted in its logical end. The cancellation of the grant. This from a country which has just seen its sovereign credit ratings cut to junk bond status from B to C by all rating agencies. When one examined where the initial hostility to the MCC grant came from and recognized its sources as from the JVP and its breakaway the National Freedom Front (NFF), respectively in the opposition and government quarters and recognized their long standing political affinity, fraternity and relationship with the Communist Party of China, it is not difficult to connect the dots and identify the inspiration and origin of that opposition.

On a positive note, there was media publicity to the effect that the Government had approved Indian foreign direct investment (FDI) into the Colombo Port’s, East Container Terminal. Good news because FDI is literally worth its weight in gold, but also because the lack of investment, stymies the volume growth opportunities for the Colombo port. Sri Lanka’s other experience of a port development, in Hambantota was with expensive Chinese debt, which finally required the previous government to negotiate a debt for equity swap with the Chinese. The current potential deal with the Indians, based on equity investment, rather than debt funded, is beneficial to our balance of payments and foreign reserves. Besides being a large investment into crucial infrastructure.

Burying Sri Lankans in the Maldives

The issue of burial rights for Covid-19 positive deceased, has become the latest political issue, with the Maldives joining in the debate through their offer to bury our dead, with the said offer being fairly speedily declined by the Muslim political leadership in Sri Lanka, both of the SLMC and the SJB. Interestingly, MPs from the Tamil political parties have been at the forefront of the legal and political battle for Muslim burial rights, even as the Muslim parties and MPs recover from their support for the Government’s 20th Amendment to the Constitution. TNA stalwart MA Sumanthiran was a key counsel for petitioners who went before the Supreme Court, seeking redress on the basis of fundamental rights, while that Party’s young and rising star from Batticaloa, Shannikiyan Rasamanikkam made an impassioned speech in Parliament for respect for Muslim religious burial rights, which consequently prompted the ACTC’s Gajen Ponnambalam to follow suit, in that August assembly, raising it as a matter of national importance.

The fact of the matter is that the World Health Organization and its technical medical guidelines for Covid-19 prevention and spread control, declares that either burial or cremation is safe and permissible. Accordingly, Sri Lanka’s position flies against science and the international norm and global standard. We have further compounded it by not giving any reasons for the refusal to bury, except for a supposed threat of contaminating the ground water, which theory should fall into the same category as our untested and unproven native treatments for Covid-19 prevention and cure. One hopes in the new year 2021, grater sanity would prevail.

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