rior to the last presidential elections, with the usual braggadocio, we, Sri Lankans, were made to believe that we as a nation were on a journey upwards to become – ‘the miracle of Asia’ and ‘the Emerging Wonder of Asia’. However, six years after winning the war, we now need to take a realistic assessment whether we were on the right track.
After winning the war, we do not have any fear now to go about our daily lives with improved road net-work, etc. Nevertheless, it is a misfortune, all throughout the 67 years of independence, both the UNP and SLFP, had seriously blundered when it comes to politics, ethnic relations, rule of law, good governance, economic development, sustainable growth etc. Policy making has been biased or defective on whims and fancies of a few individuals. Public service, judiciary, local government, and police have been treacherously politicized. Even Parliament became weak and less representative. Post-war hit-or-miss improvements through an immense borrowing spree. I quote “Democratization and establishing accountability have to go hand in hand in Sri Lanka. Both these processes need to complement each other. The government of Sri Lanka has shown neither the willingness nor the capacity to address these challenges and to move forward” – Sri Lanka Briefing (8 February, 2014)
IF we need to achieve sustainable economic growth and development, we must take steps initially to restore Parliament to its former glory by electing clean, capable and committed candidates at the forthcoming parliamentary elections. Citizens in support of the “March 12th Declaration” placed their signatures in different towns overwhelmingly before it was handed over to the political parties by PAFFREL.It must be emphasized that the rulers should respect the aspirations and most importantly rights and privileges of its citizens and take remedial measures acceptable to the people of the country.
After having agreed to abide by these guidelines set out in the “March 12th Declaration”, what did they do? UPFA openly defied the agreement and nominated the same old lot except in the case of Duminda Silva, Mervyn Silva, Sarana,Gunawardena and SajinVaas. It is even more surprising that in place of Sarana Gunawardena, his wife has been nominated. This is deliberate disregard for value-based politics by the UPFA. In this regard, I quote from an article written by Dr. A.C. Visvalingam, President of the Citizens’ Movement for Good Governance: “The current position is that the dire future from which Sri Lanka was saved in January is in considerable danger of being re-vivified by a large number of MPs of the UPFA, who are afraid of having their appalling secrets exposed and therefore, want to have a Prime Minister who will extend patronage and freedom from police investigations and charges regarding their theft of public money, assault, rape, murder, dealing in drugs, illegal liquor manufacture, gemming and stealing timber from natural reserves, sand mining in protected rivers, smuggling, drug-trafficking, illegal ethanol imports, murder, rape, forgery, protection money rackets, prostitution, stealing from public funds, use of foul language, and violating the sanctity of Parliament. They have been canvassing strongly for ex-President Mahinda Rajapaksa to be given nomination for the forthcoming Parliamentary elections not because they love him but because they expect him to provide them with the same kind of protection as was in the past”.
In addition, it is alleged that former Ministers (largest cabinet in the world) and their buddies had openly violated accepted norms and had cost the country an enormous amount of public money for their perks, benefits, their security men and security vehicles, which was a status symbol for them including their families. In fact these high-speeding escorts were both a nuisance and an unbearable burden for the public. For them, good governance, rule of law and even far reaching recommendations of the LLRC too may have been irrelevant.
We now have an opportunity after January 08, to plan our future carefully, to open the doors to secure and establish a paradigm shift to achieve sustainable economic growth and development and most importantly political stability to take the country forward. We need to strengthen the hands of the President to enact the 20th Amendment too. It could be seen that the preferential voting system should necessarily be replaced with a PR system coupled with the first-past-post system because millions are spent on election campaigns and this is the root cause for massive corruption.
In post-war Sri Lanka, the 18th amendment and subsequent developments paved the way for a distorted democracy. Mrs. Navaneethan Pillay, the then UN High Commissioner, having visited Sri Lanka had stated in her report – “the war may have ended, but in the meantime democracy has been undermined and the rule of law eroded. (….) Sri Lanka, despite the opportunity provided by the end of the war to construct a new vibrant, all-embracing state, is showing signs of heading in an increasingly authoritarian direction”.
We now need a strong Parliament within a diffused political framework (consensus rather than majoritarian approach) which could go a long way. Our representatives should be capable of finding solutions through consensus. The biggest question before the country at present is whether the majority of former members from the UPFA will be re-elected for the next Parliament. If so, whether they would obstruct the path to restore good governance and rule of law as was promised by the President when he contested the January 8th Presidential Election.
The country now needs an efficient, effective and exemplary public service which could take the country forward under the new leadership. There was an Inspector General of Police who had links with those in drug business. The relevant top cop was subsequently appointed as the Secretary to the Ministry overlooking the police department by the former regime. It is even alleged that the top cop had been gifted a mansion. The Police Department was doing what the politician wanted. It was the same with the judiciary too. The politicians ran the country by appointing Secretaries they wanted and this has created a big mess; according to the Financial Regulations (FR) they are Chief Accounting Officers too. It is a pity they have to give their neck when flaws are detected.
The time has, therefore, come for the politicians to confine themselves to policy matters and the administrators to run the country if we need to restore good governance and rule of law. We should elect representatives who understand the need to enforce the 19th amendment which will ensure separation of politics and governance. It is the need of the hour.
"After winning the war, we do not have any fear now to go about our daily lives with improved road net-work, etc. Nevertheless, it is a misfortune, all throughout the 67 years of independence, both the UNP and SLFP, had seriously blundered when it comes to politics, ethnic relations, rule of law, good governance, economic development, sustainable growth etc"
If we need to run the country better we must also have an independent Auditor-General. Auditors detect corruption, fraud, incorrect expenditure, financial irregularities, diversion of funds for unauthorised purposes. Last several years the auditors too had been sidelined and there were incidents where they were dealt with and a government Auditor – Mr. Ambanwala was thrown acid. This culture needs to be changed if the country needs to go forward.
I do not think we can restore law and order unless we take meaningful steps to depoliticise the Police Department. It is alleged that the senior ranks in the Police Department are selected and promoted based on political connections. It is a pity that the National Police Commission could not hold its meetings for want of quorum since 10th April, 2009. The Cabinet of Ministers, therefore, had decided that all the work done by the NPC should be entrusted to the then Secretary, Ministry of Defense and the Inspector-General of Police. This no doubt paved the way for politicisation and the question is whether this contributed to the loss of discipline in the police force. The 19th amendment created a mechanism to check political interference in the matter of appointments and transfers and disciplinary actions against the police. It must also be mentioned the then Chairman of the Police Commission also pointed out the fact the Police Commission was dysfunctional and hence there was an increase in crime, violation of law and order.
Judicial system is entrusted with the protection of human rights and freedoms. Courts also should ensure that the laws made by Parliament are complied with and promote international human rights standards. They also protect citizens from the excesses of the state and its organs by bringing to book perpetrators of human rights violations and breaches of law, as well as by ensuring that victims obtain sufficient redress.
It must also be mentioned that effectiveness of Parliamentary accountability is essentially one of the hallmarks of truly democratic policing. Parliamentarians too must ensure accountability and transparency. We need a professional, democratically accountable police service which serves the common good. The foremost responsibility of the police is to serve the community and it is expected that they provide a high quality and transparent policing that satisfies the aspirations of the people and the society as a whole. In recent years, it has been stated that the Police Department is the most corrupt institution in the country. Police corruption is generally defined as misuse of authority by a police officer in a manner designed to produce personal gain for the officer or others. The police is vested with the authority to enforce law and apply the law in regard to those who do not abide by the law. Is this happening?
The police need to build a positive public image because inefficiency and corruption weakens the credibility and its image, which eventually leads the society to lawlessness.
We need to take necessary steps to minimise corruption because it seriously affects growth, political, economic and social life. This in turn weakens a democracy, causes human rights abuses, disrupts law and order thereby undermining the prime objectives of a society - welfare of the people.
In conclusion, the most effective oversight for this purpose should begin from Parliament that include clean, committed and, capable legislators from diverse political, social and gender backgrounds. Let us be wise!
