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The President’s Budget Speech had a lot of innovative suggestions about education. This is just as well, for this is an area in which we must move swiftly, if we are to reap the full fruits of development.

A balanced but trenchant criticism I heard recently of current economic policies is that, while infrastructure has been developed effectively, human resource development has lagged behind. That must be remedied for we must ensure equality of opportunity, even while promoting the private sector as the engine of growth.

In this regard, the example of the Ministry of Economic Development, entrusted to someone with no previous Parliamentary experience, but with a track record of proven practical capacity, suggests one way forward. Sri Lanka has not yet recognized that an Executive Presidency demands technocrats at the helm in areas of urgent concern. We suffer from a preposterous constitution, the only one in the world that confuses an Executive Presidential system with the Westminster model of government that abandons even any pretence of the separation of powers. However, the institution of a Ministry devoted to development has permitted concentration on results, without the need to work also on parochial political concerns in a particular area.
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I have been wondering for some time about whether this column should also deal with the problems of university students. Last week, having found myself by far the oldest among the Sri Lankan delegates to a Conference on Indo-Sri Lankan relations held at Osmania University, and older too than most of the Indian participants, I realized I had to accept I was clearly of an age to think of university students, and indeed many lecturers, as children in need of care.

This feeling was exacerbated by the excellence of the presentations by the younger participants at the Conference. Whilst some older lecturers seemed to content themselves with jargon, the session I chaired had two very bright girls from Jawaharlal Nehru University who produced excellent and very practical papers on the Sri Lankan diaspora. They however were postgraduates, and from a place I have long known as a centre of excellence, admission to which is highly competitive. To my surprise they were equaled by two undergraduates from Patna University, who did a precise and well argued presentation on Indo-Sri Lankan trade relations.

I cannot imagine many Sri Lankan students doing as well. This is not because they are not equally capable. The problem is that we hardly stretch them, with many lecturers in many departments thinking that reading out notes to be copied constitutes teaching.

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An important item on the legislative agenda over the last few years has been a change to the 1939 Children and Young Persons Ordinance. A few years back, when Milinda Moragoda was Minister of Justice, he had asked for reports in various areas where it seemed justice was not being served. Not all the committees appointed have reported as yet, and there seems to have been little concern to expedite these. However, the indefatigable Shirani Thilakawardhana headed the committee asked to report on children, and she did a typically thorough job.

Unfortunately in the silly way we sometimes function, it seemed to have been decided to do nothing till all the reports were in, and so the proposed amendments have not yet come to Parliament. However the new Secretary to the Ministry of Justice understood the urgency of going ahead, and got comments from various urgencies, and has sent now sent what should be a final draft to the Ministry of Child Development for taking forward.

The new draft is certainly an advance on what we had before, and if we cannot improve on it soon, we should go ahead with it anyway, simply to get rid of provisions for caning, and the generally punitive approach taken 70 years ago to children in need. However it would be best if we had some intense consultation and produced something better, since this would also help with introducing some general principles with legislation.

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In a week of much depressing news, perhaps the most depressing was that presented under what seemed intended to be a triumphant headline. The headline read ‘President resolves Uswewa Junior School teacher shortage’, and the story was about how the President took steps to fill teacher vacancies in a Junior School in the Hambantota District.

Children from that school had been at Temple Trees, and one enterprising student had complained that there were no teachers for English or Science subjects. The President had directed the student to complain to the Southern Province Minister of Education and then issued orders to the Minister to take immediate steps to fill teacher vacancies in the school.

Assuming that teachers have now gone to the school, and will stay there, we should rejoice at the news. Any step to improve the education provided to children anywhere is a positive measure. But it is clearly completely unacceptable that there should be teacher shortages that can be resolved only if a child happens to be at Temple Trees and complains to the President.

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At the meeting last week of the Mutur Divisional Reconciliation Committee meeting, the Chairman of the Mediation Board reminded me of a suggestion made by the school principals I met during my last visit to Mutur. This was in 2008, while the conflict in the North still raged, but the East was limping back to normality.

The principals were from a Muslim school, a small Tamil school and a very small Sinhala school, all of which suffered from teacher shortages. They asked with one voice why they could not have a single English medium school.  Not only would that bring the children of a very fractured area together, it would give them all chances of a better future.

I pointed this out in a letter to the Ministry. I went further and indicated how it would help government by reducing costs, since far fewer teachers would be needed for one school than for three, each with few students. The teacher shortages endemic in a distant place like Mutur could also thus be reduced, with less headache for education officials who would have to fill up fewer cadres.

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April 17th 2014

The Editor

The Island

Dear Sir

I write with reference to the article by Shamindra Ferdinando, to which he kindly drew my attention, which appeared in your columns on April 16th. While I am grateful to him for drawing attention to a period when government had dedicated agencies to deal with such matters, using analysis and argument rather than knee jerk reaction, I must draw attention to one very misleading element in the article. This is important because it will also help in clarifying how to deal with the type of situation that arose.

Mr Ferdinando has a sub-heading to introduce the section in which I figure which states ‘SCOPP Chief lambastes UN’. The sections he quotes show that I did nothing of the sort, and the whole article was about Sri Lankan aberrations, to use this to attack the UN is misleading. Indeed I had nothing but cooperation from the then UNDP Resident Representative, Mr Neil Buhne (whose name Mr Ferdinando continuously mis-spells), in trying to sort out the mess.

When I first questioned the grants to the LTTE, both he, and the then Norwegian Ambassador, Tore Hattrem, whom I also found very positive in his approach, pointed out that these grants were approved, indeed initiated it seemed, by the then Sri Lankan government. The fact that the LTTE misused the grant may have been predictable to many of us, at least after it became clear, not very long after the CeaseFire Agreement was signed, that the LTTE had no intention of abiding by its terms. But when the then elected government of Sri Lanka behaved with incredible folly, to blame the UN as a whole is wrong. Indeed Mr Hattrem wrote to the LTTE to upbraid them for engaging in terrorist propaganda on the website that had been set up with Norwegian and UN funds, but the initial grant was given in good faith at the behest of the Sri Lankan government.

I should note that I found abuse too of the grant that had been given to SCOPP, as I pointed out in the article. The Secretary General of SCOPP at the time, when I questioned him, told me he had wondered what was going on, but he never bothered to find out, or to put a stop to it.

I should note too that the new head of UNICEF, Philippe Duamelle, at my request, ensured that the funds given to UNICEF were audited (though regrettably he told me that he was unable to share the report with me). When I expressed wonder at what had gone on before his arrival, he said frankly that he could not understand it. It was his predecessor who tried to tell me that UNICEF was prepared to condone violation of laws because the Tigers had told her they needed to change their legislation to stop recruiting children under 18. I complained about this to the UN and received an apology – and an assertion from Radhika Coomaraswamy who was in charge of the subject that the UN upheld national and international laws. But on other occasions when I asked others in more senior positions to get things in writing – as when the Head of UNOPS apologized to us for the behavior of Benjamin Dix – nothing was done.

It is precisely because of our failure to deal with aberrations direct, and work together with the many senior international officials who do their best to work in partnership with us, that the few individuals who had another agenda got away with bad behavior. Even when I ceased to have any executive responsibility, I suggested to the Ministry of External Affairs that they write formally to the UN to clarify matters, but of course nothing was done. Hence our failure to rebut the excesses of the Darusman Report with the support of the UN, instead of which we allowed what I might term the interventionists in the international community to engage in as one-sided criticism of senior UN officials (through the Petrie Report) as they had done of us.

Whilst we must be constantly vigilant about those who wish to attack us, the thrust of my article was that we needed also to put our own house in order. This is more true than ever now, with a Minister of External Affairs who seems determined to alienate all potential allies, whilst grossly misleading the President about what is really happening. I trust therefore that Mr Ferdinando will also devote some of his journalistic skills to exposing what is and was wrong about our own officials, instead of highlighting only the misdemeanours of a few young international staff and then implicitly criticizing the whole UN system for this and our own failure to be firm on good grounds.

Yours sincerely

Rajiva Wijesinha

The more one studies the 13th amendment to the Constitution, the more one realizes how completely potty it is. I am not sure though whether this lunacy is entirely the fault of J R Jayewardene, even though I have little doubt that his is the primary responsibility for the failure to consider principles at all in formulating legislation, and indeed policies in general. Highlighting process rather than principle however has been a feature of most constitutions based on the British model, perhaps because the British never had a Constitution, and have muddled along on the basis of practicality.

The particular genius of the British is that they did very well on that basis. Others came a cropper however when they tried to emulate them, which is why countries like ours should have rather studied the American Constitution. That was based on the most enlightened political principles, albeit at a time when social equity was not as well developed a concept as it became after industrialization.

The guiding principle of the American Constitution was that power should be limited to the purposes for which power is legitimately exercised. By legitimately is meant the promotion of the interests of the people, since it was at that period that the idea first developed, after Greek and Roman Republic times, that the state belonged to the people, rather than to a monarch. Thus the American Constitution sits well with the principle of subsidiarity, which is that power should be exercised in any particular respect by the smallest group affected by that power, to the extent that its exercising such power should not adversely affect others.

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The Leader omitted salient points in the answers given to the various questions asked. It may have felt diffident about carrying criticism of the Minister of External Affairs and the Head of the NGO Secretariat, but given how badly the incompetence of such individuals affects the country, it seems desirable to publish the interview in full.

>Q. How will the listing of Diaspora groups impact on the reconciliation process?

This seems to have been a hasty decision without proper consideration of the possible consequences. The general tendency of our decision makers in promoting reconciliation seems to be to do too little too late, but this time it is a question of too much too late.

Basically we should four years ago have sent a very clear message about the disruptive impact of certain diaspora groups while working positively with the majority. Four years ago, when I still had an executive position and met the British Foreign Office they told me that we should be talking to the Tamils, which I said was obviously the case. However when they mentioned the TGTE I told them that was an outrageous suggestion, and they should distinguish betweent the TNA and Tamils in Sri Lanka, who are our people on behalf of whom too we fought terrorism, and separatist movements which had encouraged and financed terror.

Unfortunately we have a Foreign Minister who cannot make such distinctions, but simply bleats and follows whatever is the fashion of the moment. So he, and his monitor, sabotaged discussions with the TNA, but did not deal firmly with the more cynical of the international community when they played ball with separatists with a history of support for terrorism. They have still not investigated the Audit Query about our former Representative in Geneva, now Foreign Secretary, giving an important contract to someone thought to be supportive of the LTTE. Indeed they have suppressed the file. But now, having been indulgent for so long, now when they proscribe everyone in sight, it will be difficult for anyone to take this seriously.

The Foreign Ministry has done nothing about the LLRC recommendation to build up positive relations with the diaspora. Instead, as happened with Dayan Jayatilleka, they engaged in adverse propaganda about those who talked to the moderate Tamils. No attempt has been made to work with multi-racial groups in Britain or Australia, where there are very moderate Tamils. But when you have a lunatic situation where the person supposedly in charge of implementation of the LLRC initially was suspicious of people simply because they were Tamil, you have a recipe for disaster. So we have now institutionalized a blunderbuss sort of approach which will alienate the positive people – while I have no doubt those who are engaged in nefarious pursuits will slip through the net.

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By Camelia Nathaniel


Reputed for his outspoken nature Professor Rajiva Wijesinghe feels that the government has been too hasty in proscribing the Diaspora groups, and the Foreign Ministry has done nothing about the LLRC recommendation to build up positive relations with the Diaspora. Instead, Professor Wijesinghe said, in an interview with The Sunday Leader, “as happened with Dayan Jayatilleka, they engaged in adverse propaganda about those who talked to the moderate Tamils.

No attempt has been made to work with multi-racial groups in Britain or Australia, where there are very moderate Tamils. But when you have a lunatic situation where the person supposedly in charge of implementation of the LLRC initially was suspicious of people simply because they were Tamil, you have a recipe for disaster.” Professor Wijesinghe feels that the government has now institutionalized a blunderbuss sort of approach which will alienate the positive people, while having no doubt that those who are engaged in nefarious pursuits will still manage to slip through the net.

Following are excerpts:

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At the debate on the FUTA demands arranged a couple of weeks back by Eran Wickramaratne, perhaps the most telling complaint made by the FUTA head was about children in a distant village clustering in droves before dawn to get the bus to a school far away. That anecdote seemed to have nothing to do with the FUTA strike, though it should have been if the demand for 6% of GDP being spent on education was about results, rather than simply sloganeering. The failure to respond at all coherently to Eran’s simple question, what should be done with the 6%, made it clear that policy changes which would lead to a better education system for all was not part of the agenda.

This was sad, because I am sure that some at least of those leading the strike are idealists, not concerned with the massive pay hikes that are being demanded on top of already large salaries. But the failure to analyse the root causes in the decline of our education system that they have highlighted, and to suggest radical reforms that ensure greater accountability, simply plays into the hands of those in the government sector who are satisfied with the status quo. I assume therefore that the strike will soon be settled, with yet another salary hike on top of all those the current government has granted so readily over the last few years, with no effort to deal with the problems of children forced to travel endlessly, to distant schools and to tuition classes, to make up for the failure of government to provide decent schools even in small towns, let alone in villages.

One of the reasons for this failure is the absence of coordination between the providers of the various services essential to a society committed to equal opportunities. Sadly it has not yet registered with our decision makers that good transport facilities are an essential component of a just society. It is useless providing schools and hospitals unless access to them is easy.

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Rajiva Wijesinha

April 2014
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