Presidency 17Recently, at a Consultative Committee in Parliament, one of my colleagues remarked that there was no need of any opposition given my own contribution. I had been critical but what my colleague, from the Gampaha District, failed to understand was that I had criticized neither policies nor action. What I had been objecting to was a failure of action, and had the gentleman understood how Parliaments should be conducted, he would have realized that I was actually trying to help. Surely it should be the business of politicians supportive of the government to promote action in accordance with productive policies, not to sit back complacently when there is no progress.

The incident occurred at the 17th meeting of the Consultative Committee on Education, when I wondered what had happened about a matter I had raised at the previous meeting, held 3 months earlier (meetings are supposed to happen every month, but this Standing Order, like almost all others, is observed in the breach). In May I had brought up the question of opening computer laboratories which had, in at least two cases I knew of, been completed and equipped, but were awaiting a ceremonial opening.

The Minister had claimed on that occasion that such a ceremony was needed so that the people would know who had gifted the laboratory. But when I pointed out that these were not gifts, but built with the people’s money, he had granted my point. So, to cite the minute, he ‘stated that the Chairman of the Development Committee of the area should be responsible to utilize them and instructed to take immediate action to open them’.

This time it was reported that some laboratories had been opened already, and that many more would soon be opened in the Uva Province. This caused a lot of giggles, but that did not matter so long as the children were now able to use the equipment. But surely it should have struck my colleagues that, even if the priority was to get brownie points from these computers, the sooner they were in use, the better for the politicians too, as well as the children. For obviously the people would know if there were an unnecessary delay – it was parents and teachers who had kept me informed in areas I am familiar with – while there is also a risk of computers deteriorating if not swiftly put into operation. Read the rest of this entry »

Presidency 16Recently I took part in a seminar on Rights and Development, arranged by the Law and Society Trust. That organization used to be bitterly critical of government, but under its new Director, Mala Liyanage, it seems to be trying to go back to the more balanced perspective of Neelan Tiruchelvam. He founded it, but after his death LST, like ICES, became tools of those opposed to the SLFP. I remember, while I was at the Peace Secretariat, having to upbraid the then Chair of LST, Raja Gunasekara, who had not known what was going on, and who after our correspondence agreed to look into the matter.

Certainly the more vicious attacks stopped after that, and it is a pity that, instead of adopting that sort of reasoned approach, government now deals with NGOs, as I told the President recently, because of worries about the hamfisted way of controlling (rather than monitoring) foreign funds, through incompetent people. But gratitude, as the case of the transfer to Australia of the last Head of the Secretariat shows, is stronger than public interest.

And unfortunately we have no institutional memory. Government ignored the report I did more than five years ago on NGOs, where I showed the interlocking directorates of a few, while also pointing out that the vast majority functioned positively. Sadly it is these last who feel threatened, while the others continue as before, except where, as with LST, a change of management leads to a more balanced approach. But I don’t suppose my report can now be found anywhere.

Ironically, on the day of the seminar, I was told that the Presidential Secretariat was looking for the Peace Secretariat files, which I had told them way back in 2009 to look after carefully. In fact they did make an attempt to put things in order after the Darusman Report came out, but as usual, with no personnel in place who were able to understand the situation, that effort too seems to have come to naught.

Interestingly, it was Basil Rajapakse who told me not to try to persuade the President not to close down the Secretariat soon after the conflict ended. Since the President has told me later that closing it down was a great mistake, I was obviously wrong to think that Basil knew what he was doing. He seemed to get on well with Mahinda Samarasinghe, so I thought there would be some continuity there, but the Consultative Committee on Humanitarian Assistance was also got rid of, in his mad dash for full authority with regard to aid and development in the North. Read the rest of this entry »

MargaPresentation at the Colloquium of MARGA & CHA : Re Narrative iii-Last Stages of the War; A Private Sector Perspective

Let me start with a paradox. This is an extremely impressive book, but I find it woefully depressing. It has been put together, according to the introduction, by three patriots who are also strong adherents of pluralism and the rule of law. Godfrey Gunatilleka is, as Dayan Jayatilleka once described him, arguably the best intellect in public life, Asoka Gunawardena is the most balanced and practical of administrators, and Jeevan Thiagarajah combines unparalleled energy in the service of his country with wide ranging knowledge of what happened in various spheres during the conflict.

Why then am I depressed? There are several reasons for this. The first is very simply that it comes far too late. Second, it requires fleshing out through details which are only available with government. Third, it leaves unstated the need for immediate action by government in the spheres in which it is unable to refute allegations made against the country. Fourth – and I cannot believe that the main writers were responsible for this, given the very different perspective Godfrey put forward in the television interview – it seems to swallow wholesale the allegations against the UN leadership in Sri Lanka made by the Petrie Report. Finally, it leaves out one group of significant actors, namely those who have contributed heavily to the Darusman Report, if we are to believe Wikileaks: I mean the NGO representatives who produced evidence against Sri Lanka.

For these reasons, the fourth and fifth sections of this book are weak. The first two sections are very strong, and provide an object lesson to the Sri Lankan government as to how it should have dealt with the allegations in the first place. The third section is well argued, but its main point is weakened by the failure to affirm forcefully the need for a credible internal inquiry with regard to the treatment of surrendees. In this regard the book is less balanced than the Lessons Learnt and Reconciliation Commission Report, which is surprising since its rationale is that of a middle way between that and Darusman.

With regard to the first three worries I have, the first could be compensated for by prompt action now on the part of government. But given the hamfisted way in which government dealt with the Darusman Report in the first place, I do not think anything more will be done. It seems incredible now that the government responded to allegations against it by producing a narrative that did not address those allegations. But, pace the book’s erroneous claim that the Ministry of Defence’s account of the humanitarian operation preceded the Darusman Report, the fact is that, in its ostrich like view that hiding one’s head in the sand would get rid of threats, the Ministry produced a document that might have been useful had it been produced in 2009, but which meant nothing after Darusman.

At the risk of making myself even more unpopular with government, which cannot bear other people having been correct, I told the Secretary of Defence, when I was called in to help with editing of that account, that it did not answer the allegations. His answer was that that was not the purpose of the narrative he was preparing. When I pointed out that the allegations needed to be answered, he said that he had allocated that task to the Chief of General Staff, who was however given neither resources nor encouragement to proceed. My own view is that this unintelligent approach has done more damage to our forces than anything else, given how easy a defence would have been of the bulk of the charges made against the forces. At the very least, citation of claims made during the conflict would have made clear the absurdity of charges made afterwards. Read the rest of this entry »

Much has been reported recently about the various Public Relations firms government – or rather elements in government, since it seems that there has been no Cabinet approval for these ventures – have hired to raise our profile in countries which seem hostile to us. There have been a host of such firms in the United States, and one in Britain. The first lot were almost all arranged through our Embassy in Washington, whilst Bell Pottinger, which also works in the United States though it is essentially a British firm, was arranged by Nivard Ajith Cabraal, the Governor of the Central Bank. More recently it seems Mr Cabraal has also been instrumental in arranging yet another firm in America.

The reports are very critical of those who make these arrangements, but I believe there is need of some discrimination here. I cannot defend the earlier agencies in America, for I found the only two I was introduced to, way back when I headed the Peace Secretariat, to be both naïve and incompetent. One of them had a young Sri Lankan who seemed to have initiated the relationship, but he was almost as ignorant as the large American he brought with him. Given the manner in which our Embassy in Washington conducted business, that being the operative word it seems, I believe there should be thorough investigation of what happened.

It is also worth noting that our relations with the United States deteriorated significantly during this period. Hiring of such firms began in the time of the Bush administration, which was relatively positive about us. The excessive expenditure then that our Ambassador in Washington was incurring was culpably unnecessary. More bizarrely, when the Obama administration took over, he continued to work with agencies that had good Republican connections.

The Ministry of External Affairs is also I think culpable in not having protested about all this, but given the close relationship of the Ambassador to the President, I presume it takes guts to point out squandering of resources in such instances. This is another reason the President should be careful about appointing to high positions people whom those who should monitor such actions think have total impunity. But I suspect the President would think twice about such appointments if the problems that would arise are pointed out to him, so it is a pity that neither the Ministry nor the Parliament Committee on High Posts has done this.

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download (8)I had a bizarre experience recently when I had to attend what is termed Standing Committee B of Parliament, which deals with legislation. This was in connection with the Vasantha Senanayake Foundation (Incorporation) Bill which I had sponsored. The experience was rendered worse by the Minutes which I received subsequently, which bore no relation to what had actually taken place.

I presume that there is some formula for reporting the meetings of these Standing Committees, but it was certainly inappropriate in this case, given that I had raised some matters which I had asked to be recorded. The Minutes state that I moved several amendments to the original draft of the Bill I had presented. This was not the case. What happened was that we were told the legal advisers had gone through the draft and suggested amendments. I accepted these, but I asked the basis on which they had been made.

It turned out then that the representative from the Legal Draughtsman’s Department who was supposed to liaise with Parliament regarding the Bill had no idea of the reasons. After much discussion one bright lawyer from the Attorney General’s Department said that the changes were probably because the Bill as it stood seemed to be in conflict with the Constitution.

I gathered then that for years the Attorney General had advised against many charitable works by Foundations on the grounds that the Constitution, following the introduction of the 13th Amendment that introduced Provincial Councils, declares that ‘No Bill in respect of any matter set out in the Provincial Council List shall become law unless such Bill has been referred by the President…. to every Provincial Council’.

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download (7)An opposition member noted that recently there had been much speculation in the corridors of Parliament about the manner in which funds were being allocated for development. I had realized something unusual was going on, because during Reconciliation meetings in the North I had been told about massive amounts being made available to individual Members of Parliament.

I had not received anything myself, and indeed had to ask for the Rs 5 million that has been given each year to all Members of Parliament. I was particularly keen to have this available, because it was only recently that I realized that no one else spent even a modicum of what I did in the less populated Divisions in the North. I had decided that this year then I would spend the bulk of my funds, not split between North and South as previously, but largely in the East, because I realized there were also Divisions there which received little. But I am not sure whether I might not be forgotten, given the rush to spend the much larger sums that have been given selectively.

What the rationale for selection is I am not clear about, though I know that DEW Gunasekara has not received any, and it seemed Rauff Hakeem had received nothing either. I was told though that, when he complained about this to the President, it transpired that the latter was not aware of this and urged him to write in and ask. I have followed suit, but as yet have received no reply.

At a recent Consultative Committee meeting however, since the Minutes referred to the allocations, we were able to ask, and received a very clear picture of the manner in which the development budget allocated to the Ministry of Economic Development is being spent. It seems that large amounts have been allocated to government Members of Parliament who chair particular Divisional Development Committees, and they are asked to decide on Projects. This is of course not meant to be spent arbitrarily, but is supposed to be after due consultation of the people.

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download (6)I have a great affection for General Chandrasiri, and indeed great admiration too. This began when, in 2008, he invited me to be the Chief Guest at the Future Minds Exhibition he had organized in Jaffna. The other principal invitee was to be the Bishop of Jaffna, someone else for whom I have both affection and admiration. Though he has always stood up for the rights and dignity of the Tamil people he serves, he has also spoken out against terrorism and the LTTE.

Indeed, it is a mark of his integrity that the strongest evidence against the spurious allegations made against us with regard to the first No Fire Zone comes in the letter the Bishop wrote on the day that Zone was subject to attacks. Contrary to what the Darusman report insinuates, and what an even less scrupulous report claims was our plan to corral civilians in places where the LTTE had weaponry, the Bishop said that he would ask the LTTE to refrain from transferring weapons into the No Fire Zone. Unfortunately neither the Ministry of Defence, nor the Foreign Ministry (the latter, as Dayan Jayatilleka graphically described it, now territory occupied by the MoD), have bothered to argue against the allegations on the basis of facts and evidence from independent sources.

Unfortunately the aim of General Chandrasiri in 2008, to avoid politicians, as he put it to me when asking me for the event, was countered by Douglas Devananda doggedly turning up and taking a prominent role. I could understand then why he could not be put off, but it is sad that he did not take up the idea suggested by the General’s assertion of the need to develop human resources. Instead, even in the local authorities his party won, he allowed personal predilections to come to the fore, and did nothing for development. There was no thinking of the type of partnership that could have been set up, to train youngsters and start businesses, through a synergy of talents, with civilians being in charge but accepting advice and assistance from the military.

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download (5)The last few weeks have seen much agitation about Non-Governmental Organizations, with threats to introduce new legislation to control them more effectively. The whole exercise seemed to me absurd, since existing legislation is quite enough to prevent abuse. If it is not working, it is because the personnel involved are incompetent, and even much stronger legislation or regulation will serve no purpose unless more capable people are deployed.

Unfortunately the President has been pushed into a position where he can only employ the second rate for this purpose, as he has realized was the case with Lakshman Hulugalle. The only qualification for the job seems to be total subservience to the powers that be, what Dayan Jayatilleka described as the Mafia lawyer syndrome when he first identified the breed, six years ago. He actually demonstrated the posture, hands held crossed behind the back, head nodding in acquiescence, claiming that the model derived from ‘The Godfather’.

How sad the situation of the present incumbent of the position is became clear when I attended the launch of the Roadmap prepared by the Association of Women Affected by War. I sat behind so did not recognize the attractive young lady who was in the centre of the front row along with a couple of envoys. It was only at the end that I realized she was Sanam Naraghi-Anderlini, whom I had met a few weeks earlier at the Oslo Forum where I had been invited to debate against Mr Sumanthiran on the propriety of talking to extremists.

By then I knew that she had been instrumental in developing Security Council Resolution 1325 about the need to involve women in peace initiatives – and also that, though invited for the launch, she had been forbidden to speak. The press had also been barred from attending the event.

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download (4)I was privileged, a couple of weeks back, to attend the release of the Northern Education Sector Review Report at a ceremony held at Vembadi Girls School. I had last been at Vembadi in 2008, when the then Commander of the Special Forces in Jaffna, General Chandrasiri, arranged what was termed a Future Minds Exhibition. It was at the height of the war, but the General had already begun to plan for the future, and sensibly so for he stressed the need for the development of human resources.

I was struck by the irony now, with the controversy over his continuation as Governor. I will look at that issue elsewhere, but here I will dwell on the fact that the Provincial administration had invited him as Chief Guest, to be given the first copy of the report, and all the speeches made were in a spirit of cooperation. In particular the chair of the committee that had prepared the report, the distinguished athlete Nagalingam Ethirveerasingham, still described as the Olympian, emphasized that the recommendations of the Review were all within the framework of National Policy.

That having been said, the Review is masterly, in clearly identifying many of the problems we face, and suggesting simple remedies. But obvious though many of the pronouncements are, I fear that such an essentially sensible work could not have been produced in any other Province.

There are many reasons for this. I do not think there is any essential intellectual difference between those in the North and others in the country, but I do believe that the urgency of the problem with regard to education is better understood in the North. After all it was simplistic tampering with the education system that first roused deep resentments in the younger generation in the North (Prabhakaran’s batch were the first victims of standardization), and the incapacity or unwillingness of successive governments since then to provide remedies has entrenched bitterness. And whereas Chandrasiri way back in 2008 understood the importance of action in this field, and entitled his Exhibition accordingly, he has since had to serve a political dispensation that cares nothing for the mind.

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download (3)An enormous step forward was taken recently by Parliament, the first with regard to Parliamentary practice since COPE decided to establish Sub-Committees so that it could try to cover all the institutions that came under its purview each year. I can take some credit for this step too, since the Secretary General kindly informed me that this followed on my pointing out to him that the proceedings of Parliamentary Consultative Committees were not available to the public.

Beginning with the proceedings of May 2014, Parliament now issues a Monthly Report that consists of the Minutes of the Consultative Committees. This should in theory be a monthly document, since there are 60 Consultative Committees, all of which should meet every month according to Standing Orders. However there were only 15 sets on minutes, one of which recorded that the meeting was not held since only the Minister and I were present. So there was no quorum, though I should note that we did have a very fruitful discussion, which has been recorded, since the Ministry, that of National Languages and Social Integration, had invited representatives of the Ministries of Education and of Youth Affairs to discuss matters of common interest.

For five other Ministries the minutes had not been confirmed, which I presume means the Ministry has not as yet responded to the draft sent by the Committee Office. 40 Ministries it seems had not met. One excuse made for this lapse is that, given limited space and time, it is not possible for all the Ministries to meet each month. But this will not wash since, given that more than one meeting can be held at a time, and that Parliament sits for 8 days each month, it would easily be possible to cover the whole gamut  if 7 or 8 meetings are held on each sitting day.

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Rajiva Wijesinha

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